Am. Sub. H. B. No. 153 As Reported by the Committee of Conference

As Reported by the Committee of Conference

129th General Assembly

Regular Session

2011-2012

Am. Sub. H. B. No. 153

Representative Amstutz

Cosponsors: Representatives Adams, J., Beck, Blair, Blessing, Boose, Buchy, Burke, Combs, Dovilla, Duffey, Grossman, Hackett, Hall, Hollington, Maag, McClain, Newbold, Rosenberger, Ruhl, Slaby, Sprague, Stebelton, Uecker Speaker Batchelder
Senators Bacon, Beagle, Coley, Daniels, Faber, Gillmor, Hite, Jones, LaRose, Lehner, Manning, Niehaus, Schaffer, Wagoner, Widener

A BILL

To amend sections 7.10, 7.11, 7.12, 9.06, 9.231,

9.24, 9.33, 9.331, 9.332, 9.333, 9.82, 9.823,

9.833, 9.90, 9.901, 101.532, 101.82, 102.02,

105.41, 107.09, 109.36, 109.43, 109.57, 109.572,

109.64, 109.71, 109.801, 111.12, 111.16, 111.18,

117.101, 117.13, 118.023, 118.04, 118.05, 118.06,

118.12, 118.17, 118.99, 119.032, 120.40, 121.03,

121.04, 121.22, 121.37, 121.40, 121.401, 121.402,

121.403, 121.404, 122.121, 122.171, 122.76,

122.861, 123.01, 123.011, 123.10, 124.09, 124.23,

124.231, 124.24, 124.25, 124.26, 124.27, 124.31,

124.34, 124.393, 124.85, 125.021, 125.15, 125.18,

125.28, 125.89, 126.11, 126.12, 126.21, 126.24,

126.45, 126.46, 126.50, 127.14, 127.16, 131.02,

131.23, 131.44, 131.51, 133.01, 133.06, 133.09,

133.18, 133.20, 133.55, 135.05, 135.61, 135.65,

135.66, 145.27, 145.56, 149.01, 149.091, 149.11,

149.311, 149.351, 149.38, 149.39, 149.41, 149.411,

149.412, 149.42, 149.43, 153.01, 153.02, 153.03,

153.07, 153.08, 153.50, 153.51, 153.52, 153.54,

153.56, 153.581, 153.65, 153.66, 153.67, 153.69,

153.70, 153.71, 153.80, 154.02, 154.07, 154.11,

166.02, 173.14, 173.21, 173.26, 173.35, 173.351,

173.36, 173.391, 173.40, 173.401, 173.403,

173.404, 173.42, 173.45, 173.46, 173.47, 173.48,

173.501, 183.30, 183.51, 185.01, 185.03, 185.06,

185.10, 187.01, 187.02, 187.03, 187.09, 301.02,

301.15, 301.28, 305.171, 306.35, 306.43, 306.70,

307.022, 307.041, 307.10, 307.12, 307.676, 307.70,

307.79, 307.791, 307.80, 307.801, 307.802,

307.803, 307.806, 307.81, 307.82, 307.83, 307.84,

307.842, 307.843, 307.846, 307.86, 308.13, 311.29,

311.31, 317.20, 319.11, 319.301, 319.54, 321.18,

321.261, 322.02, 322.021, 323.08, 323.73, 323.75,

324.02, 324.021, 325.20, 340.02, 340.03, 340.05,

340.091, 340.11, 341.192, 343.08, 345.03, 349.03,

501.07, 503.05, 503.162, 503.41, 504.02, 504.03,

504.12, 504.16, 504.21, 505.101, 505.105, 505.106,

505.107, 505.108, 505.109, 505.17, 505.172,

505.24, 505.264, 505.267, 505.28, 505.373, 505.43,

505.48, 505.481, 505.49, 505.491, 505.492,

505.493, 505.494, 505.495, 505.50, 505.51,

505.511, 505.52, 505.53, 505.54, 505.541, 505.55,

505.60, 505.601, 505.603, 505.61, 505.67, 505.73,

507.09, 509.15, 511.01, 511.12, 511.23, 511.235,

511.236, 511.25, 511.28, 511.34, 513.14, 515.01,

515.04, 515.07, 517.06, 517.12, 517.22, 521.03,

521.05, 705.16, 709.43, 709.44, 711.35, 715.011,

715.47, 718.01, 718.09, 718.10, 719.012, 719.05,

721.03, 721.15, 721.20, 723.07, 727.011, 727.012,

727.08, 727.14, 727.46, 729.08, 729.11, 731.14,

731.141, 731.20, 731.21, 731.211, 731.22, 731.23,

731.24, 731.25, 735.05, 735.20, 737.022, 737.04,

737.041, 737.32, 737.40, 742.41, 745.07, 747.05,

747.11, 747.12, 755.16, 755.29, 755.41, 755.42,

755.43, 759.47, 901.09, 924.52, 927.69, 951.11,

955.011, 955.012, 1309.528, 1327.46, 1327.50,

1327.51, 1327.511, 1327.54, 1327.57, 1327.62,

1327.99, 1329.04, 1329.42, 1332.24, 1345.52,

1345.73, 1501.01, 1501.022, 1501.40, 1503.05,

1503.141, 1505.01, 1505.04, 1505.06, 1505.09,

1505.11, 1505.99, 1506.21, 1509.01, 1509.02,

1509.021, 1509.03, 1509.04, 1509.041, 1509.05,

1509.06, 1509.061, 1509.062, 1509.07, 1509.071,

1509.072, 1509.073, 1509.08, 1509.09, 1509.10,

1509.11, 1509.12, 1509.13, 1509.14, 1509.15,

1509.17, 1509.181, 1509.19, 1509.21, 1509.22,

1509.221, 1509.222, 1509.223, 1509.224, 1509.225,

1509.226, 1509.23, 1509.24, 1509.25, 1509.26,

1509.27, 1509.28, 1509.29, 1509.31, 1509.32,

1509.33, 1509.34, 1509.36, 1509.38, 1509.40,

1509.50, 1510.01, 1510.08, 1515.08, 1515.14,

1515.24, 1517.02, 1517.03, 1531.04, 1533.10,

1533.11, 1533.111, 1533.32, 1533.731, 1533.83,

1541.03, 1541.05, 1545.071, 1545.09, 1545.12,

1545.131, 1545.132, 1547.01, 1547.30, 1547.301,

1547.302, 1547.303, 1547.304, 1551.311, 1551.32,

1551.33, 1551.35, 1555.02, 1555.03, 1555.04,

1555.05, 1555.06, 1555.08, 1555.17, 1561.06,

1561.12, 1561.13, 1561.35, 1561.49, 1563.06,

1563.24, 1563.28, 1571.01, 1571.02, 1571.03,

1571.04, 1571.05, 1571.06, 1571.08, 1571.09,

1571.10, 1571.11, 1571.14, 1571.16, 1571.18,

1571.99, 1701.07, 1702.01, 1702.59, 1703.031,

1703.07, 1705.01, 1707.11, 1707.17, 1711.05,

1711.07, 1711.18, 1711.30, 1728.06, 1728.07,

1751.01, 1751.04, 1751.11, 1751.111, 1751.12,

1751.13, 1751.15, 1751.17, 1751.20, 1751.31,

1751.34, 1751.60, 1761.04, 1776.83, 1785.06,

1901.02, 1901.06, 1901.261, 1901.262, 1901.41,

1907.13, 1907.261, 1907.262, 1907.53, 2105.09,

2117.25, 2151.011, 2151.3515, 2151.412, 2151.421,

2151.424, 2151.541, 2152.72, 2301.01, 2301.031,

2303.201, 2305.232, 2317.02, 2317.422, 2329.26,

2335.05, 2335.06, 2501.02, 2503.01, 2744.05,

2901.01, 2903.33, 2917.40, 2919.271, 2929.71,

2935.01, 2935.03, 2945.371, 2945.38, 2945.39,

2945.40, 2945.401, 2945.402, 2949.14, 2981.11,

2981.12, 2981.13, 3109.16, 3111.04, 3113.06,

3119.54, 3121.48, 3123.44, 3123.45, 3123.55,

100

3123.56, 3123.58, 3123.59, 3123.63, 3301.07,

101

3301.071, 3301.079, 3301.0710, 3301.0711,

102

3301.0712, 3301.0714, 3301.16, 3301.162, 3301.70,

103

3301.921, 3302.02, 3302.031, 3302.032, 3302.04,

104

3302.05, 3302.07, 3304.181, 3304.182, 3305.08,

105

3306.12, 3307.20, 3307.31, 3307.41, 3307.64,

106

3309.22, 3309.41, 3309.48, 3309.51, 3309.66,

107

3310.02, 3310.03, 3310.05, 3310.08, 3310.41,

108

3311.05, 3311.054, 3311.056, 3311.06, 3311.19,

109

3311.21, 3311.213, 3311.214, 3311.29, 3311.50,

110

3311.52, 3311.53, 3311.73, 3311.76, 3313.29,

111

3313.372, 3313.41, 3313.46, 3313.482, 3313.533,

112

3313.55, 3313.603, 3313.61, 3313.611, 3313.612,

113

3313.614, 3313.64, 3313.642, 3313.6410, 3313.65,

114

3313.75, 3313.816, 3313.842, 3313.843, 3313.845,

115

3313.911, 3313.97, 3313.975, 3313.978, 3313.981,

116

3314.012, 3314.013, 3314.015, 3314.02, 3314.021,

117

3314.023, 3314.03, 3314.05, 3314.051, 3314.07,

118

3314.08, 3314.087, 3314.088, 3314.091, 3314.10,

119

3314.13, 3314.19, 3314.22, 3314.35, 3314.36,

120

3315.01, 3316.041, 3316.06, 3316.08, 3316.20,

121

3317.01, 3317.013, 3317.014, 3317.018, 3317.02,

122

3317.021, 3317.022, 3317.023, 3317.024, 3317.025,

123

3317.0210, 3317.0211, 3317.03, 3317.031, 3317.05,

124

3317.051, 3317.053, 3317.06, 3317.061, 3317.07,

125

3317.08, 3317.081, 3317.082, 3317.09, 3317.11,

126

3317.12, 3317.14, 3317.16, 3317.18, 3317.19,

127

3317.20, 3317.201, 3318.011, 3318.032, 3318.034,

128

3318.05, 3318.051, 3318.08, 3318.12, 3318.31,

129

3318.36, 3318.37, 3318.38, 3318.41, 3318.44,

130

3319.02, 3319.08, 3319.081, 3319.11, 3319.111,

131

3319.141, 3319.17, 3319.18, 3319.19, 3319.227,

132

3319.26, 3319.31, 3319.311, 3319.39, 3319.57,

133

3319.71, 3323.09, 3323.091, 3323.14, 3323.142,

134

3323.31, 3324.05, 3325.08, 3326.11, 3326.33,

135

3326.39, 3327.02, 3327.04, 3327.05, 3329.08,

136

3331.01, 3333.03, 3333.043, 3333.31, 3333.66,

137

3333.81, 3333.82, 3333.83, 3333.84, 3333.85,

138

3333.87, 3333.90, 3334.19, 3345.061, 3345.14,

139

3349.29, 3353.04, 3354.12, 3354.16, 3355.09,

140

3357.16, 3365.01, 3365.08, 3375.41, 3381.11,

141

3501.03, 3501.17, 3505.13, 3506.05, 3701.021,

142

3701.023, 3701.07, 3701.61, 3701.74, 3701.83,

143

3702.52, 3702.57, 3702.59, 3704.06, 3704.14,

144

3705.24, 3709.09, 3709.092, 3709.21, 3717.53,

145

3719.141, 3719.41, 3721.01, 3721.011, 3721.02,

146

3721.022, 3721.04, 3721.16, 3721.50, 3721.51,

147

3721.511, 3721.512, 3721.513, 3721.52, 3721.53,

148

3721.55, 3721.561, 3721.58, 3722.01, 3722.011,

149

3722.02, 3722.021, 3722.022, 3722.04, 3722.041,

150

3722.05, 3722.06, 3722.07, 3722.08, 3722.09,

151

3722.10, 3722.11, 3722.12, 3722.13, 3722.14,

152

3722.15, 3722.151, 3722.16, 3722.17, 3722.18,

153

3733.41, 3733.99, 3734.02, 3734.05, 3734.06,

154

3734.18, 3734.19, 3734.20, 3734.21, 3734.22,

155

3734.23, 3734.24, 3734.25, 3734.26, 3734.27,

156

3734.28, 3734.282, 3734.57, 3734.85, 3734.901,

157

3735.36, 3735.66, 3737.73, 3737.83, 3737.841,

158

3737.87, 3737.88, 3743.06, 3743.19, 3743.52,

159

3743.53, 3743.54, 3743.64, 3745.015, 3745.11,

160

3746.02, 3750.081, 3767.32, 3769.08, 3769.20,

161

3769.26, 3770.03, 3770.05, 3772.032, 3772.062,

162

3781.183, 3791.043, 3793.04, 3793.06, 3793.21,

163

3901.3814, 3903.01, 3923.28, 3923.281, 3923.30,

164

3924.10, 3937.41, 3963.01, 3963.11, 4113.11,

165

4113.61, 4115.03, 4115.033, 4115.034, 4115.04,

166

4115.05, 4115.10, 4115.101, 4115.13, 4115.16,

167

4116.01, 4117.01, 4117.03, 4121.03, 4121.12,

168

4121.121, 4121.125, 4121.128, 4121.44, 4123.27,

169

4123.341, 4123.342, 4123.35, 4131.03, 4141.08,

170

4141.11, 4141.33, 4301.12, 4301.43, 4301.62,

171

4301.80, 4301.81, 4503.06, 4503.235, 4503.70,

172

4503.93, 4504.02, 4504.021, 4504.15, 4504.16,

173

4504.18, 4505.181, 4506.071, 4507.111, 4507.164,

174

4511.191, 4511.193, 4513.39, 4513.60, 4513.61,

175

4513.62, 4513.63, 4513.64, 4513.66, 4517.01,

176

4517.02, 4517.04, 4517.09, 4517.10, 4517.12,

177

4517.13, 4517.14, 4517.23, 4517.24, 4517.44,

178

4549.17, 4582.12, 4582.31, 4585.10, 4705.021,

179

4709.13, 4725.34, 4725.48, 4725.50, 4725.52,

180

4725.57, 4729.52, 4729.552, 4731.054, 4731.15,

181

4731.16, 4731.17, 4731.171, 4731.19, 4731.222,

182

4731.65, 4731.71, 4733.15, 4733.151, 4735.01,

183

4735.02, 4735.03, 4735.05, 4735.052, 4735.06,

184

4735.07, 4735.09, 4735.10, 4735.13, 4735.14,

185

4735.141, 4735.142, 4735.15, 4735.16, 4735.17,

186

4735.18, 4735.181, 4735.182, 4735.19, 4735.20,

187

4735.21, 4735.211, 4735.32, 4735.55, 4735.58,

188

4735.59, 4735.62, 4735.68, 4735.71, 4735.74,

189

4736.12, 4740.14, 4757.31, 4776.01, 4906.01,

190

4911.02, 4927.17, 4928.20, 4929.26, 4929.27,

191

4931.40, 4931.51, 4931.52, 4931.53, 5101.16,

192

5101.181, 5101.182, 5101.183, 5101.244, 5101.26,

193

5101.27, 5101.271, 5101.272, 5101.28, 5101.30,

194

5101.341, 5101.342, 5101.35, 5101.37, 5101.46,

195

5101.47, 5101.571, 5101.573, 5101.58, 5101.60,

196

5101.61, 5101.98, 5104.01, 5104.011, 5104.012,

197

5104.013, 5104.03, 5104.04, 5104.05, 5104.13,

198

5104.30, 5104.32, 5104.34, 5104.341, 5104.35,

199

5104.37, 5104.38, 5104.39, 5104.42, 5104.43,

200

5104.99, 5111.011, 5111.012, 5111.013, 5111.0112,

201

5111.0116, 5111.021, 5111.023, 5111.025, 5111.031,

202

5111.06, 5111.061, 5111.113, 5111.13, 5111.151,

203

5111.16, 5111.17, 5111.172, 5111.20, 5111.21,

204

5111.211, 5111.22, 5111.221, 5111.222, 5111.23,

205

5111.231, 5111.232, 5111.235, 5111.24, 5111.241,

206

5111.244, 5111.25, 5111.251, 5111.254, 5111.255,

207

5111.258, 5111.262, 5111.27, 5111.28, 5111.29,

208

5111.291, 5111.33, 5111.35, 5111.52, 5111.54,

209

5111.62, 5111.65, 5111.66, 5111.67, 5111.671,

210

5111.672, 5111.68, 5111.681, 5111.687, 5111.689,

211

5111.85, 5111.871, 5111.872, 5111.873, 5111.874,

212

5111.877, 5111.88, 5111.89, 5111.891, 5111.894,

213

5111.911, 5111.912, 5111.913, 5111.94, 5111.941,

214

5111.97, 5112.30, 5112.31, 5112.37, 5112.371,

215

5112.39, 5112.40, 5112.41, 5112.46, 5112.99,

216

5119.01, 5119.02, 5119.06, 5119.18, 5119.22,

217

5119.61, 5119.611, 5119.612, 5119.613, 5119.62,

218

5119.621, 5119.99, 5120.105, 5120.135, 5120.17,

219

5120.22, 5120.28, 5120.29, 5122.01, 5122.15,

220

5122.21, 5122.31, 5123.01, 5123.0412, 5123.0413,

221

5123.0417, 5123.051, 5123.171, 5123.18, 5123.19,

222

5123.191, 5123.194, 5123.352, 5123.42, 5123.45,

223

5123.60, 5126.01, 5126.029, 5126.04, 5126.042,

224

5126.05, 5126.054, 5126.0510, 5126.0511,

225

5126.0512, 5126.08, 5126.11, 5126.12, 5126.24,

226

5126.41, 5126.42, 5139.11, 5139.43, 5310.35,

227

5501.44, 5501.73, 5502.52, 5502.522, 5502.61,

228

5502.68, 5505.04, 5505.22, 5525.04, 5540.01,

229

5540.03, 5540.031, 5540.05, 5543.10, 5549.21,

230

5552.06, 5553.05, 5553.19, 5553.23, 5553.42,

231

5555.07, 5555.27, 5555.42, 5559.06, 5559.10,

232

5559.12, 5561.04, 5561.08, 5571.011, 5573.02,

233

5573.10, 5575.01, 5575.02, 5591.15, 5593.08,

234

5701.13, 5703.05, 5703.056, 5703.37, 5703.57,

235

5703.58, 5705.01, 5705.14, 5705.16, 5705.19,

236

5705.191, 5705.194, 5705.196, 5705.21, 5705.211,

237

5705.214, 5705.218, 5705.25, 5705.251, 5705.261,

238

5705.29, 5705.314, 5705.392, 5705.412, 5705.71,

239

5707.031, 5709.07, 5709.084, 5709.40, 5709.41,

240

5709.62, 5709.63, 5709.632, 5709.73, 5709.78,

241

5709.82, 5709.83, 5713.01, 5715.17, 5715.23,

242

5715.26, 5719.04, 5721.01, 5721.03, 5721.04,

243

5721.18, 5721.19, 5721.30, 5721.31, 5721.32,

244

5721.37, 5721.38, 5721.42, 5722.13, 5723.05,

245

5723.18, 5725.151, 5725.24, 5725.98, 5727.57,

246

5727.75, 5727.84, 5727.85, 5727.86, 5729.98,

247

5731.02, 5731.19, 5731.21, 5731.39, 5733.0610,

248

5733.23, 5733.351, 5739.01, 5739.02, 5739.021,

249

5739.022, 5739.026, 5739.07, 5739.101, 5739.19,

250

5739.30, 5747.01, 5747.058, 5747.113, 5747.451,

251

5747.46, 5747.51, 5747.98, 5748.01, 5748.02,

252

5748.021, 5748.04, 5748.05, 5748.08, 5748.081,

253

5751.01, 5751.011, 5751.20, 5751.21, 5751.22,

254

5751.23, 5751.50, 5919.34, 5919.341, 6101.16,

255

6103.04, 6103.05, 6103.06, 6103.081, 6103.31,

256

6105.131, 6109.21, 6111.038, 6111.044, 6115.01,

257

6115.20, 6117.05, 6117.06, 6117.07, 6117.251,

258

6117.49, 6119.10, 6119.18, 6119.22, 6119.25, and

259

6119.58; to amend, for the purpose of adopting new

260

section numbers as indicated in parentheses,

261

sections 124.85 (9.04), 173.35 (5119.69), 173.351

262

(5119.691), 173.36 (5119.692), 505.481 (505.482),

263

505.482 (505.481), 3306.12 (3317.0212), 3314.20

264

(3313.473), 3721.561 (3721.56), 3722.01 (5119.70),

265

3722.011 (5119.701), 3722.02 (5119.71), 3722.021

266

(5119.711), 3722.022 (5119.712), 3722.03

267

(5119.72), 3722.04 (5119.73), 3722.041 (5119.731),

268

3722.05 (5119.74), 3722.06 (5119.75), 3722.07

269

(5119.76), 3722.08 (5119.77), 3722.09 (5119.78),

270

3722.10 (5119.79), 3722.11 (5119.80), 3722.12

271

(5119.81), 3722.13 (5119.82), 3722.14 (5119.83),

272

3722.15 (5119.84), 3722.151 (5119.85), 3722.16

273

(5119.86), 3722.17 (5119.87), 3722.18 (5119.88),

274

5101.271 (5101.272), 5101.272 (5101.273), 5111.14

275

(5111.141), 5111.261 (5111.263), 5111.892

276

(5111.893), 5119.612 (5119.613), and 5119.613

277

(5119.614); to enact new sections 3314.016,

278

3319.112, 5101.271, 5111.14, 5111.261, 5111.861,

279

5111.892, 5119.612, and 5126.18, and sections

280

7.16, 9.334, 9.335, 9.482, 101.711, 111.181,

281

111.28, 111.29, 118.025, 118.31, 122.175, 122.86,

282

123.101, 124.394, 125.182, 125.213, 126.141,

283

126.60, 126.601, 126.602, 126.603, 126.604,

284

126.605, 127.162, 127.19, 131.024, 149.308,

285

149.381, 153.501, 153.502, 153.503, 153.53,

286

153.55, 153.692, 153.693, 153.694, 153.72, 153.73,

287

154.24, 154.25, 167.081, 173.41, 187.13, 189.01,

288

189.02, 189.03, 189.04, 189.05, 189.06, 189.07,

289

189.08, 189.09, 189.10, 305.23, 306.322, 306.55,

290

306.551, 307.847, 317.06, 505.483, 505.484,

291

505.551, 523.01, 523.02, 523.03, 523.04, 523.05,

292

523.06, 523.07, 709.451, 709.452, 1327.501,

293

1505.05, 1509.022, 1571.012, 1571.013, 1571.014,

294

1702.461, 1702.462, 2151.429, 2335.061, 3123.591,

295

3302.042, 3302.06, 3302.061, 3302.062, 3302.063,

296

3302.064, 3302.065, 3302.066, 3302.067, 3302.068,

297

3302.12, 3302.20, 3302.21, 3302.22, 3302.25,

298

3302.30, 3310.51, 3310.52, 3310.521, 3310.522,

299

3310.53, 3310.54, 3310.55, 3310.56, 3310.57,

300

3310.58, 3310.59, 3310.60, 3310.61, 3310.62,

301

3310.63, 3310.64, 3311.0510, 3313.411, 3313.538,

302

3313.617, 3313.846, 3313.88, 3314.029, 3314.102,

303

3314.23, 3317.141, 3318.054, 3318.371, 3318.48,

304

3318.49, 3318.60, 3318.70, 3319.0810, 3319.228,

305

3319.229, 3319.58, 3323.052, 3324.08, 3326.111,

306

3328.01 to 3328.04, 3328.11 to 3328.15, 3328.17 to

307

3328.19, 3328.191, 3328.192, 3328.193, 3328.20 to

308

3328.26, 3328.31 to 3328.36, 3328.41, 3328.45,

309

3328.50, 3328.99, 3333.0411, 3333.43, 3345.023,

310

3345.54, 3345.55, 3345.81, 3353.15, 3701.0211,

311

3701.032, 3702.523, 3709.341, 3721.531, 3721.532,

312

3721.533, 3734.577, 3745.016, 3770.031, 3793.061,

313

3901.56, 3903.301, 4313.01, 4313.02, 4729.50,

314

4911.021, 5101.57, 5111.0122, 5111.0123,

315

5111.0124, 5111.0125, 5111.0212, 5111.0213,

316

5111.0214, 5111.0215, 5111.035, 5111.051,

317

5111.052, 5111.053, 5111.054, 5111.063, 5111.086,

318

5111.161, 5111.1711, 5111.212, 5111.224, 5111.225,

319

5111.226, 5111.259, 5111.271, 5111.331, 5111.511,

320

5111.83, 5111.862, 5111.863, 5111.864, 5111.865,

321

5111.944, 5111.945, 5111.981, 5112.991, 5119.012,

322

5119.013, 5119.622, 5119.623, 5119.693, 5120.092,

323

5122.341, 5123.0418, 5123.0419, 5703.059, 5725.34,

324

5729.17, 5747.81, 5748.09, 6115.321, and 6119.061;

325

and to repeal sections 7.14, 122.0818, 122.452,

326

126.04, 126.501, 126.502, 126.507, 165.031,

327

179.01, 179.02, 179.03, 179.04, 181.22, 181.23,

328

181.24, 181.25, 340.08, 701.04, 1501.031, 1551.13,

329

3123.52, 3123.61, 3123.612, 3123.613, 3123.614,

330

3301.82, 3301.922, 3306.01, 3306.011, 3306.012,

331

3306.02, 3306.03, 3306.04, 3306.05, 3306.051,

332

3306.052, 3306.06, 3306.07, 3306.08, 3306.09,

333

3306.091, 3306.10, 3306.11, 3306.13, 3306.19,

334

3306.191, 3306.192, 3306.21, 3306.22, 3306.29,

335

3306.291, 3306.292, 3306.50, 3306.51, 3306.52,

336

3306.53, 3306.54, 3306.55, 3306.56, 3306.57,

337

3306.58, 3306.59, 3311.059, 3313.674, 3314.014,

338

3314.016, 3314.017, 3314.025, 3314.082, 3314.085,

339

3314.11, 3314.111, 3317.011, 3317.016, 3317.017,

340

3317.0216, 3317.04, 3317.17, 3319.112, 3319.62,

341

3329.16, 3335.45, 3349.242, 3706.042, 3721.56,

342

3722.99, 3733.21, 3733.22, 3733.23, 3733.24,

343

3733.25, 3733.26, 3733.27, 3733.28, 3733.29,

344

3733.30, 3923.90, 3923.91, 4115.032, 4121.75,

345

4121.76, 4121.77, 4121.78, 4121.79, 4582.37,

346

4731.18, 4981.23, 5101.5211, 5101.5212, 5101.5213,

347

5101.5214, 5101.5215, 5101.5216, 5111.243,

348

5111.34, 5111.861, 5111.893, 5111.971, 5122.36,

349

5123.172, 5123.181, 5123.193, 5123.211, 5126.18,

350

and 5126.19 of the Revised Code; to amend Section

351

5 of Am. Sub. H.B. 1 of the 129th General

352

Assembly, Section 205.10 of Am. Sub. H.B. 114 of

353

the 129th General Assembly, Section 211 of Sub.

354

H.B. 123 of the 129th General Assembly, Section 5

355

of Am. Sub. S.B. 2 of the 129th General Assembly,

356

Sections 125.10 and 753.60 of Am. Sub. H.B. 1 of

357

the 128th General Assembly, Section 105.20 of Sub.

358

H.B. 462 of the 128th General Assembly, Section

359

105.45.70 of Sub. H.B. 462 of the 128th General

360

Assembly, as subsequently amended, Section 6 of

361

Am. Sub. S.B. 124 of the 128th General Assembly,

362

Section 5 of Sub. S.B. 162 of the 128th General

363

Assembly, Section 5 of Sub. H.B. 125 of the 127th

364

General Assembly, as subsequently amended, and

365

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

366

General Assembly, as subsequently amended; to

367

repeal Section 6 of Sub. S.B. 162 of the 128th

368

General Assembly and Section 5 of Sub. H.B. 2 of

369

the 127th General Assembly; to amend the versions

370

of sections 3721.16, 5122.01, 5122.31, 5123.19,

371

5123.191, and 5123.60 of the Revised Code that

372

result from Section 101.01 of this act and to

373

amend sections 5111.709, 5119.221, 5122.02,

374

5122.27, 5122.271, 5122.29, 5122.32, 5123.092,

375

5123.35, 5123.61, 5123.63, 5123.64, 5123.69,

376

5123.701, 5123.86, 5123.99, and 5126.33, to amend

377

section 5123.60 (5123.601) for the purpose of

378

adopting a new section number as indicated in

379

parentheses, to enact new sections 5123.60 and

380

5123.602, and to repeal sections 5123.601,

381

5123.602, 5123.603, 5123.604, and 5123.605 of the

382

Revised Code on October 1, 2012; to make operating

383

appropriations for the biennium beginning July 1,

384

2011, and ending June 30, 2013; and to provide

385

authorization and conditions for the operation of

386

programs, including reforms for the efficient and

387

effective operation of state and local government.

388

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

Section 101.01. That sections 7.10, 7.11, 7.12, 9.06, 9.231,	389
9.24, 9.33, 9.331, 9.332, 9.333, 9.82, 9.823, 9.833, 9.90, 9.901,	390
101.532, 101.82, 102.02, 105.41, 107.09, 109.36, 109.43, 109.57,	391
109.572, 109.64, 109.71, 109.801, 111.12, 111.16, 111.18, 117.101,	392
117.13, 118.023, 118.04, 118.05, 118.06, 118.12, 118.17, 118.99,	393
119.032, 120.40, 121.03, 121.04, 121.22, 121.37, 121.40, 121.401,	394
121.402, 121.403, 121.404, 122.121, 122.171, 122.76, 122.861,	395
123.01, 123.011, 123.10, 124.09, 124.23, 124.231, 124.24, 124.25,	396
124.26, 124.27, 124.31, 124.34, 124.393, 124.85, 125.021, 125.15,	397
125.18, 125.28, 125.89, 126.11 126.12, 126.21, 126.24, 126.45,	398
126.46, 126.50, 127.14, 127.16, 131.02, 131.23, 131.44, 131.51,	399
133.01, 133.06, 133.09, 133.18, 133.20, 133.55, 135.05, 135.61,	400
135.65, 135.66, 145.27, 145.56, 149.01, 149.091, 149.11, 149.311,	401
149.351, 149.38, 149.39, 149.41, 149.411, 149.412, 149.42, 149.43,	402
153.01, 153.02, 153.03, 153.07, 153.08, 153.50, 153.51, 153.52,	403
153.54, 153.56, 153.581, 153.65, 153.66, 153.67, 153.69, 153.70,	404
153.71, 153.80, 154.02, 154.07, 154.11, 166.02, 173.14, 173.21,	405
173.26, 173.35, 173.351, 173.36, 173.391, 173.40, 173.401,	406
173.403, 173.404, 173.42, 173.45, 173.46, 173.47, 173.48, 173.501,	407
183.30, 183.51, 185.01, 185.03, 185.06, 185.10, 187.01, 187.02,	408
187.03, 187.09, 301.02, 301.15, 301.28, 305.171, 306.35, 306.43,	409
306.70, 307.022, 307.041, 307.10, 307.12, 307.676, 307.70, 307.79,	410
307.791, 307.80, 307.801, 307.802, 307.803, 307.806, 307.81,	411
307.82, 307.83, 307.84, 307.842, 307.843, 307.846, 307.86, 308.13,	412
311.29, 311.31, 317.20, 319.11, 319.301, 319.54, 321.18, 321.261,	413
322.02, 322.021, 323.08, 323.73, 323.75, 324.02, 324.021, 325.20,	414
340.02, 340.03, 340.05, 340.091, 340.11, 341.192, 343.08, 345.03,	415
349.03, 501.07, 503.05, 503.162, 503.41, 504.02, 504.03, 504.12,	416
504.16, 504.21, 505.101, 505.105, 505.106, 505.107, 505.108,	417
505.109, 505.17, 505.172, 505.24, 505.264, 505.267, 505.28,	418
505.373, 505.43, 505.48, 505.481, 505.49, 505.491, 505.492,	419
505.493, 505.494, 505.495, 505.50, 505.51, 505.511, 505.52,	420
505.53, 505.54, 505.541, 505.55, 505.60, 505.601, 505.603, 505.61,	421
505.67, 505.73, 507.09, 509.15, 511.01, 511.12, 511.23, 511.235,	422
511.236, 511.25, 511.28, 511.34, 513.14, 515.01, 515.04, 515.07,	423
517.06, 517.12, 517.22, 521.03, 521.05, 705.16, 709.43, 709.44,	424
711.35, 715.011, 715.47, 718.01, 718.09, 718.10, 719.012, 719.05,	425
721.03, 721.15, 721.20, 723.07, 727.011, 727.012, 727.08, 727.14,	426
727.46, 729.08, 729.11, 731.14, 731.141, 731.20, 731.21, 731.211,	427
731.22, 731.23, 731.24, 731.25, 735.05, 735.20, 737.022, 737.04,	428
737.041, 737.32, 737.40, 742.41, 745.07, 747.05, 747.11, 747.12,	429
755.16, 755.29, 755.41, 755.42, 755.43, 759.47, 901.09, 924.52,	430
927.69, 951.11, 955.011, 955.012, 1309.528, 1327.46, 1327.50,	431
1327.51, 1327.511, 1327.54, 1327.57, 1327.62, 1327.99, 1329.04,	432
1329.42, 1332.24, 1345.52, 1345.73, 1501.01, 1501.022, 1501.40,	433
1503.05, 1503.141, 1505.01, 1505.04, 1505.06, 1505.09, 1505.11,	434
1505.99, 1506.21, 1509.01, 1509.02, 1509.021, 1509.03, 1509.04,	435
1509.041, 1509.05, 1509.06, 1509.061, 1509.062, 1509.07, 1509.071,	436
1509.072, 1509.073, 1509.08, 1509.09, 1509.10, 1509.11, 1509.12,	437
1509.13, 1509.14, 1509.15, 1509.17, 1509.181, 1509.19, 1509.21,	438
1509.22, 1509.221, 1509.222, 1509.223, 1509.224, 1509.225,	439
1509.226, 1509.23, 1509.24, 1509.25, 1509.26, 1509.27, 1509.28,	440
1509.29, 1509.31, 1509.32, 1509.33, 1509.34, 1509.36, 1509.38,	441
1509.40, 1509.50, 1510.01, 1510.08, 1515.08, 1515.14, 1515.24,	442
1517.02, 1517.03, 1531.04, 1533.10, 1533.11, 1533.111, 1533.32,	443
1533.731, 1533.83, 1541.03, 1541.05, 1545.071, 1545.09, 1545.12,	444
1545.131, 1545.132, 1547.01, 1547.30, 1547.301, 1547.302,	445
1547.303, 1547.304, 1551.311, 1551.32, 1551.33, 1551.35, 1555.02,	446
1555.03, 1555.04, 1555.05, 1555.06, 1555.08, 1555.17, 1561.06,	447
1561.12, 1561.13, 1561.35, 1561.49, 1563.06, 1563.24, 1563.28,	448
1571.01, 1571.02, 1571.03, 1571.04, 1571.05, 1571.06, 1571.08,	449
1571.09, 1571.10, 1571.11, 1571.14, 1571.16, 1571.18, 1571.99,	450
1701.07, 1702.01, 1702.59, 1703.031, 1703.07, 1705.01, 1707.11,	451
1707.17, 1711.05, 1711.07, 1711.18, 1711.30, 1728.06, 1728.07,	452
1751.01, 1751.04, 1751.11, 1751.111, 1751.12, 1751.13, 1751.15,	453
1751.17, 1751.20, 1751.31, 1751.34, 1751.60, 1761.04, 1776.83,	454
1785.06, 1901.02, 1901.06, 1901.261, 1901.262, 1901.41, 1907.13,	455
1907.261, 1907.262, 1907.53, 2105.09, 2117.25, 2151.011,	456
2151.3515, 2151.412, 2151.421, 2151.424, 2151.541, 2152.72,	457
2301.01, 2301.031, 2303.201, 2305.232, 2317.02, 2317.422, 2329.26,	458
2335.05, 2335.06, 2501.02, 2503.01, 2744.05, 2901.01, 2903.33,	459
2917.40, 2919.271, 2929.71, 2935.01, 2935.03, 2945.371, 2945.38,	460
2945.39, 2945.40, 2945.401, 2945.402, 2949.14, 2981.11, 2981.12,	461
2981.13, 3109.16, 3111.04, 3113.06, 3119.54, 3121.48, 3123.44,	462
3123.45, 3123.55, 3123.56, 3123.58, 3123.59, 3123.63, 3301.07,	463
3301.071, 3301.079, 3301.0710, 3301.0711, 3301.0712, 3301.0714,	464
3301.16, 3301.162, 3301.70, 3301.921, 3302.02, 3302.031, 3302.032,	465
3302.04, 3302.05, 3302.07, 3304.181, 3304.182, 3305.08, 3306.12,	466
3307.20, 3307.31, 3307.41, 3307.64, 3309.22, 3309.41, 3309.48,	467
3309.51, 3309.66, 3310.02, 3310.03, 3310.05, 3310.08, 3310.41,	468
3311.05, 3311.054, 3311.056, 3311.06, 3311.19, 3311.21, 3311.213,	469
3311.214, 3311.29, 3311.50, 3311.52, 3311.53, 3311.73, 3311.76,	470
3313.29, 3313.372, 3313.41, 3313.46, 3313.482, 3313.533, 3313.55,	471
3313.603, 3313.61, 3313.611, 3313.612, 3313.614, 3313.64,	472
3313.642, 3313.6410, 3313.65, 3313.75, 3313.816, 3313.842,	473
3313.843, 3313.845, 3313.911, 3313.97, 3313.975, 3313.978,	474
3313.981, 3314.012, 3314.013, 3314.015, 3314.02, 3314.021,	475
3314.023, 3314.03, 3314.05, 3314.051, 3314.07, 3314.08, 3314.087,	476
3314.088, 3314.091, 3314.10, 3314.13, 3314.19, 3314.22, 3314.35,	477
3314.36, 3315.01, 3316.041, 3316.06, 3316.08, 3316.20, 3317.01,	478
3317.013, 3317.014, 3317.018, 3317.02, 3317.021, 3317.022,	479
3317.023, 3317.024, 3317.025, 3317.0210, 3317.0211, 3317.03,	480
3317.031, 3317.05, 3317.051, 3317.053, 3317.06, 3317.061, 3317.07,	481
3317.08, 3317.081, 3317.082, 3317.09, 3317.11, 3317.12, 3317.14,	482
3317.16, 3317.18, 3317.19, 3317.20, 3317.201, 3318.011, 3318.032,	483
3318.034, 3318.05, 3318.051, 3318.08, 3318.12, 3318.31, 3318.36,	484
3318.37, 3318.38, 3318.41, 3318.44, 3319.02, 3319.08, 3319.081,	485
3319.11, 3319.111, 3319.141, 3319.17, 3319.18, 3319.19, 3319.227,	486
3319.26, 3319.31, 3319.311, 3319.39, 3319.57, 3319.71, 3323.09,	487
3323.091, 3323.14, 3323.142, 3323.31, 3324.05, 3325.08, 3326.11,	488
3326.33, 3326.39, 3327.02, 3327.04, 3327.05, 3329.08, 3331.01,	489
3333.03, 3333.043, 3333.31, 3333.66, 3333.81, 3333.82, 3333.83,	490
3333.84, 3333.85, 3333.87, 3333.90, 3334.19, 3345.061, 3345.14,	491
3349.29, 3353.04, 3354.12, 3354.16, 3355.09, 3357.16, 3365.01,	492
3365.08, 3375.41, 3381.11, 3501.03, 3501.17, 3505.13, 3506.05,	493
3701.021, 3701.023, 3701.07, 3701.61, 3701.74, 3701.83, 3702.52,	494
3702.57, 3702.59, 3704.06, 3704.14, 3705.24, 3709.09, 3709.092,	495
3709.21, 3717.53, 3719.141, 3719.41, 3721.01, 3721.011, 3721.02,	496
3721.022, 3721.04, 3721.16, 3721.50, 3721.51, 3721.511, 3721.512,	497
3721.513, 3721.52, 3721.53, 3721.55, 3721.561, 3721.58, 3722.01,	498
3722.011, 3722.02, 3722.021, 3722.022, 3722.04, 3722.041, 3722.05,	499
3722.06, 3722.07, 3722.08, 3722.09, 3722.10, 3722.11, 3722.12,	500
3722.13, 3722.14, 3722.15, 3722.151, 3722.16, 3722.17, 3722.18,	501
3733.41, 3733.99, 3734.02, 3734.05, 3734.06, 3734.18, 3734.19,	502
3734.20, 3734.21, 3734.22, 3734.23, 3734.24, 3734.25, 3734.26,	503
3734.27, 3734.28, 3734.282, 3734.57, 3734.85, 3734.901, 3735.36,	504
3735.66, 3737.73, 3737.83, 3737.841, 3737.87, 3737.88, 3743.06,	505
3743.19, 3743.52, 3743.53, 3743.54, 3743.64, 3745.015, 3745.11,	506
3746.02, 3750.081, 3767.32, 3769.08, 3769.20, 3769.26, 3770.03,	507
3770.05, 3772.032, 3772.062, 3781.183, 3791.043, 3793.04, 3793.06,	508
3793.21, 3901.3814, 3903.01, 3923.28, 3923.281, 3923.30, 3924.10,	509
3937.41, 3963.01, 3963.11, 4113.11, 4113.61, 4115.03, 4115.033,	510
4115.034, 4115.04, 4115.05, 4115.10, 4115.101, 4115.13, 4115.16,	511
4116.01, 4117.01, 4117.03, 4121.03, 4121.12, 4121.121, 4121.125,	512
4121.128, 4121.44, 4123.27, 4123.341, 4123.342, 4123.35, 4131.03,	513
4141.08, 4141.11, 4141.33, 4301.12, 4301.43, 4301.62, 4301.80,	514
4301.81, 4503.06, 4503.235, 4503.70, 4503.93, 4504.02, 4504.021,	515
4504.15, 4504.16, 4504.18, 4505.181, 4506.071, 4507.111, 4507.164,	516
4511.191, 4511.193, 4513.39, 4513.60, 4513.61, 4513.62, 4513.63,	517
4513.64, 4513.66, 4517.01, 4517.02, 4517.04, 4517.09, 4517.10,	518
4517.12, 4517.13, 4517.14, 4517.23, 4517.24, 4517.44, 4549.17,	519
4582.12, 4582.31, 4585.10, 4705.021, 4709.13, 4725.34, 4725.48,	520
4725.50, 4725.52, 4725.57, 4729.52, 4729.552, 4731.054, 4731.15,	521
4731.16, 4731.17, 4731.171, 4731.19, 4731.222, 4731.65, 4731.71,	522
4733.15, 4733.151, 4735.01, 4735.02, 4735.03, 4735.05, 4735.052,	523
4735.06, 4735.07, 4735.09, 4735.10, 4735.13, 4735.14, 4735.141,	524
4735.142, 4735.15, 4735.16, 4735.17, 4735.18, 4735.181, 4735.182,	525
4735.19, 4735.20, 4735.21, 4735.211, 4735.32, 4735.55, 4735.58,	526
4735.59, 4735.62, 4735.68, 4735.71, 4735.74, 4736.12, 4740.14,	527
4757.31, 4776.01, 4906.01, 4911.02, 4927.17, 4928.20, 4929.26,	528
4929.27, 4931.40, 4931.51, 4931.52, 4931.53, 5101.16, 5101.181,	529
5101.182, 5101.183, 5101.244, 5101.26, 5101.27, 5101.271,	530
5101.272, 5101.28, 5101.30, 5101.341, 5101.342, 5101.35, 5101.37,	531
5101.46, 5101.47, 5101.571, 5101.573, 5101.58, 5101.60, 5101.61,	532
5101.98, 5104.01, 5104.011, 5104.012, 5104.013, 5104.03, 5104.04,	533
5104.05, 5104.13, 5104.30, 5104.32, 5104.34, 5104.341, 5104.35,	534
5104.37, 5104.38, 5104.39, 5104.42, 5104.43, 5104.99, 5111.011,	535
5111.012, 5111.013, 5111.0112, 5111.0116, 5111.021, 5111.023,	536
5111.025, 5111.031, 5111.06, 5111.061, 5111.113, 5111.13,	537
5111.151, 5111.16, 5111.17, 5111.172, 5111.20, 5111.21, 5111.211,	538
5111.22, 5111.221, 5111.222, 5111.23, 5111.231, 5111.232,	539
5111.235, 5111.24, 5111.241, 5111.244, 5111.25, 5111.251,	540
5111.254, 5111.255, 5111.258, 5111.262, 5111.27, 5111.28, 5111.29,	541
5111.291, 5111.33, 5111.35, 5111.52, 5111.54, 5111.62, 5111.65,	542
5111.66, 5111.67, 5111.671, 5111.672, 5111.68, 5111.681, 5111.687,	543
5111.689, 5111.85, 5111.871, 5111.872, 5111.873, 5111.874,	544
5111.877, 5111.88, 5111.89, 5111.891, 5111.894, 5111.911,	545
5111.912, 5111.913, 5111.94, 5111.941, 5111.97, 5112.30, 5112.31,	546
5112.37, 5112.371, 5112.39, 5112.40, 5112.41, 5112.46, 5112.99,	547
5119.01, 5119.02, 5119.06, 5119.18, 5119.22, 5119.61, 5119.611,	548
5119.613, 5119.62, 5119.621, 5119.99, 5120.105, 5120.135, 5120.17,	549
5120.22, 5120.28, 5120.29, 5122.01, 5122.15, 5122.21, 5122.31,	550
5123.01, 5123.0412, 5123.0413, 5123.0417, 5123.051, 5123.171,	551
5123.18, 5123.19, 5123.191, 5123.194, 5123.352, 5123.42, 5123.45,	552
5123.60, 5126.01, 5126.029, 5126.04, 5126.042, 5126.05, 5126.054,	553
5126.0510, 5126.0511, 5126.0512, 5126.08, 5126.11, 5126.12,	554
5126.24, 5126.41, 5126.42, 5139.11, 5139.43, 5310.35, 5501.44,	555
5501.73, 5502.52, 5502.522, 5502.61, 5502.68, 5505.04, 5505.22,	556
5525.04, 5540.01, 5540.03, 5540.031, 5540.05, 5543.10, 5549.21,	557
5552.06, 5553.05, 5553.19, 5553.23, 5553.42, 5555.07, 5555.27,	558
5555.42, 5559.06, 5559.10, 5559.12, 5561.04, 5561.08, 5571.011,	559
5573.02, 5573.10, 5575.01, 5575.02, 5591.15, 5593.08, 5701.13,	560
5703.05, 5703.056, 5703.37, 5703.57, 5703.58, 5705.01, 5705.14,	561
5705.16, 5705.19, 5705.191, 5705.194, 5705.196, 5705.21, 5705.211,	562
5705.214, 5705.218, 5705.25, 5705.251, 5705.261, 5705.29,	563
5705.314, 5705.392, 5705.412, 5705.71, 5707.031, 5709.07,	564
5709.084, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632, 5709.73,	565
5709.78, 5709.82, 5709.83, 5713.01, 5715.17, 5715.23, 5715.26,	566
5719.04, 5721.01, 5721.03, 5721.04, 5721.18, 5721.19, 5721.30,	567
5721.31, 5721.32, 5721.37, 5721.38, 5721.42, 5722.13, 5723.05,	568
5723.18, 5725.151, 5725.24, 5725.98, 5727.57, 5727.75, 5727.84,	569
5727.85, 5727.86, 5729.98, 5731.02, 5731.19, 5731.21, 5731.39,	570
5733.0610, 5733.23, 5733.351, 5739.01, 5739.02, 5739.021,	571
5739.022, 5739.026, 5739.07, 5739.101, 5739.19, 5739.30, 5747.01,	572
5747.058, 5747.113, 5747.451, 5747.46, 5747.51, 5747.98, 5748.01,	573
5748.02, 5748.021, 5748.04, 5748.05, 5748.08, 5748.081, 5751.01,	574
5751.011, 5751.20, 5751.21, 5751.22, 5751.23, 5751.50, 5919.34,	575
5919.341, 6101.16, 6103.04, 6103.05, 6103.06, 6103.081, 6103.31,	576
6105.131, 6109.21, 6111.038, 6111.044, 6115.01, 6115.20, 6117.05,	577
6117.06, 6117.07, 6117.251, 6117.49, 6119.10, 6119.18, 6119.22,	578
6119.25, and 6119.58 be amended; sections 124.85 (9.04), 173.35	579
(5119.69), 173.351 (5119.691), 173.36 (5119.692), 505.481	580
(505.482), 505.482 (505.481), 3306.12 (3317.0212), 3314.20	581
(3313.473), 3721.561 (3721.56), 3722.01 (5119.70), 3722.011	582
(5119.701), 3722.02 (5119.71), 3722.021 (5119.711), 3722.022	583
(5119.712), 3722.03 (5119.72), 3722.04 (5119.73), 3722.041	584
(5119.731), 3722.05 (5119.74), 3722.06 (5119.75), 3722.07	585
(5119.76), 3722.08 (5119.77), 3722.09 (5119.78), 3722.10	586
(5119.79), 3722.11 (5119.80), 3722.12 (5119.81), 3722.13	587
(5119.82), 3722.14 (5119.83), 3722.15 (5119.84), 3722.151	588
(5119.85), 3722.16 (5119.86), 3722.17 (5119.87), 3722.18	589
(5119.88), 5101.271 (5101.272), 5101.272 (5101.273), 5111.14	590
(5111.141), 5111.261 (5111.263), 5111.892 (5111.893), 5119.612	591
(5119.613), and 5119.613 (5119.614) be amended for the purpose of	592
adopting new section numbers as indicated in parentheses; that new	593
sections 3314.016, 3319.112, 5101.271, 5111.14, 5111.261,	594
5111.861, 5111.892, 5119.612, and 5126.18 and sections 7.16,	595
9.334, 9.335, 9.482, 101.711, 111.181, 111.28, 111.29, 118.025,	596
118.31, 122.175, 122.86, 123.101, 124.394, 125.182, 125.213,	597
126.141, 126.60, 126.601, 126.602, 126.603, 126.604, 126.605,	598
127.162, 127.19, 131.024, 149.308, 149.381, 153.501, 153.502,	599
153.503, 153.53, 153.55, 153.692, 153.693, 153.694, 153.72,	600
153.73, 154.24, 154.25, 167.081, 173.41, 187.13, 189.01, 189.02,	601
189.03, 189.04, 189.05, 189.06, 189.07, 189.08, 189.09, 189.10,	602
305.23, 306.322, 306.55, 306.551, 307.847, 317.06, 505.483,	603
505.484, 505.551, 523.01, 523.02, 523.03, 523.04, 523.05, 523.06,	604
523.07, 709.451, 709.452, 1327.501, 1505.05, 1509.022, 1571.012,	605
1571.013, 1571.014, 1702.461, 1702.462, 2151.429, 2335.061,	606
3123.591, 3302.042, 3302.06, 3302.061, 3302.062, 3302.063,	607
3302.064, 3302.065, 3302.066, 3302.067, 3302.068, 3302.12,	608
3302.20, 3302.21, 3302.22, 3302.25, 3302.30, 3310.51, 3310.52,	609
3310.521, 3310.522, 3310.53, 3310.54, 3310.55, 3310.56, 3310.57,	610
3310.58, 3310.59, 3310.60, 3310.61, 3310.62, 3310.63, 3310.64,	611
3311.0510, 3313.411, 3313.538, 3313.617, 3313.846, 3313.88,	612
3314.029, 3314.102, 3314.23, 3317.141, 3318.054, 3318.371,	613
3318.48, 3318.49, 3318.60, 3318.70, 3319.0810, 3319.228, 3319.229,	614
3319.58, 3323.052, 3324.08, 3326.111, 3328.01, 3328.02, 3328.03,	615
3328.04, 3328.11, 3328.12, 3328.13, 3328.14, 3328.15, 3328.17,	616
3328.18, 3328.19, 3328.191, 3328.192, 3328.193, 3328.20, 3328.21,	617
3328.22, 3328.23, 3328.24, 3328.25, 3328.26, 3328.31, 3328.32,	618
3328.33, 3328.34, 3328.35, 3328.36, 3328.41, 3328.45, 3328.50,	619
3328.99, 3333.0411, 3333.43, 3345.023, 3345.54, 3345.55, 3345.81,	620
3353.15, 3701.0211, 3701.032, 3702.523, 3709.341, 3721.531,	621
3721.532, 3721.533, 3734.577, 3745.016, 3770.031, 3793.061,	622
3901.56, 3903.301, 4313.01, 4313.02, 4729.50, 4911.021, 5101.57,	623
5111.0122, 5111.0123, 5111.0124, 5111.0125, 5111.0212, 5111.0213,	624
5111.0214, 5111.0215, 5111.035, 5111.051, 5111.052, 5111.053,	625
5111.054, 5111.063, 5111.086, 5111.161, 5111.1711, 5111.212,	626
5111.224, 5111.225, 5111.226, 5111.259, 5111.271, 5111.331,	627
5111.511, 5111.83, 5111.862, 5111.863, 5111.864, 5111.865,	628
5111.944, 5111.945, 5111.981, 5112.991, 5119.012, 5119.013,	629
5119.622, 5119.623, 5119.693, 5120.092, 5122.341, 5123.0418,	630
5123.0419, 5703.059, 5725.34, 5729.17, 5747.81, 5748.09, 6115.321,	631
and 6119.061 of the Revised Code be enacted to read as follows:	632

Sec. 7.10. For the publication of advertisements, notices,	633
and proclamations, except those relating to proposed amendments to	634
the Ohio ~~constitution~~Constitution, required to be published by a	635
public officer of the state, ~~county, municipal corporation,~~	636
~~township, school~~, a benevolent or other public institution, ~~or by~~	637
a trustee, assignee, executor, or administrator, or by or in any	638
court of record, except when the rate is otherwise fixed by law,	639
publishers of newspapers may charge and receive for such	640
advertisements, notices, and proclamations rates charged on annual	641
contracts by them for a like amount of space to other advertisers	642
who advertise in its general display advertising columns. ~~Legal~~	643

For the publication of advertisements, notices, or	644
proclamations required to be published by a public officer of a	645
county, municipal corporation, township, school, or other	646
political subdivision, publishers of newspapers shall establish a	647
government rate, which shall include free publication of	648
advertisements, notices, or proclamations on the newspaper's	649
internet web site, if the newspaper has one. The government rate	650
shall not exceed the lowest classified advertising rate and lowest	651
insert rate paid by other advertisers.	652

Legal advertising, except that relating to proposed	653
amendments to the Ohio ~~constitution~~Constitution, shall be set up	654
in a compact form, without unnecessary spaces, blanks, or	655
headlines, and printed in not smaller than six-point type. The	656
type used must be of such proportions that the body of the capital	657
letter M is no wider than it is high and all other letters and	658
characters are in proportion.	659

Except as provided in section 2701.09 of the Revised Code,	660
all legal advertisements or notices shall be printed in newspapers	661
~~published in the English language only~~of general circulation and	662
also shall be posted on the state public notice web site created	663
under section 125.182 of the Revised Code, and on a newspaper's	664
internet web site, if the newspaper has one.	665

Sec. 7.11. A proclamation for an election, an order fixing	666
the time of holding court, notice of the rates of taxation, bridge	667
and pike notices, notice to contractors, and such other	668
advertisements of general interest to the taxpayers as the county	669
auditor, county treasurer, probate judge, or board of county	670
commissioners deems proper shall be published in ~~two newspapers~~a	671
newspaper of ~~opposite politics of~~ general circulation, as defined	672
in section ~~5721.01~~7.12 of the Revised Code at the county seat if	673
~~there are such newspapers published thereat. If there are not two~~	674
~~newspapers of opposite politics and of general circulation~~	675
~~published in said county seat, such publication shall be made in~~	676
~~one newspaper published in said county seat and in any other~~	677
~~newspaper of general circulation in said county as defined in~~	678
~~section 5721.01 of the Revised Code, wherever published, without~~	679
~~regard to the politics of such other newspaper~~. In counties having	680
cities of eight thousand inhabitants or more, not the county seat	681
of such counties, additional publication of such notice shall be	682
made in ~~two newspapers~~a newspaper of ~~opposite politics and of~~	683
general circulation ~~in such city~~, as defined in such section, in	684
such city. ~~For purposes of this section, a newspaper independent~~	685
~~in politics is a newspaper of opposite politics to a newspaper of~~	686
~~designated political affiliation. Sections 7.10 to 7.13,~~	687
~~inclusive, of the Revised Code, do not apply to the publication of~~	688
~~notices of delinquent and forfeited land sales.~~	689

The cost of any publication authorized by this section, which	690
isshall be printed in display form, shall be the ~~commercial~~	691
government rate ~~charged~~established by such newspaper under	692
section 7.10 of the Revised Code.	693

Sec. 7.12. (A) Whenever ~~any legal publication~~a state agency	694
or a political subdivision of the state is required by law to be	695
~~made~~make any legal publication in a newspaper ~~published in a~~	696
~~municipal corporation, county, or other political subdivision~~, the	697
newspaper shall ~~also~~ be a newspaper of general circulation ~~in the~~	698
~~municipal corporation, county, or other political subdivision~~,	699
~~without further restriction or limitation upon a selection of the~~	700
~~newspaper to be used. If no newspaper is published in such~~	701
~~municipal corporation, county, or other political subdivision,~~	702
~~such legal publication shall be made in any newspaper of general~~	703
~~circulation therein. If there are less than two newspapers~~	704
~~published in any municipal corporation, county, or other political~~	705
~~subdivision in the manner defined by this section, then any legal~~	706
~~publication required by law to be made in a newspaper published in~~	707
~~a municipal corporation, county, or other political subdivision~~	708
~~may be made in any newspaper regularly issued at stated intervals~~	709
~~from a known office of publication located within the municipal~~	710
~~corporation, county, or other political subdivision. As used in~~	711
~~this section, a known office of publication is a public office~~	712
~~where the business of the newspaper is transacted during the usual~~	713
~~business hours, and such office shall be shown by the publication~~	714
~~itself~~. As used in the Revised Code,	715

~~In addition to all other requirements, a~~"newspaper" or	716
"newspaper of general circulation," except ~~those publications~~	717
daily law journals in existence on or before July 1, 2011, and	718
performing the functions described in section 2701.09 of the	719
Revised Code for a period of ~~one year~~three years immediately	720
preceding any such legal publication required to be made, ~~shall be~~	721
is a publication bearing a title or name,that is regularly issued	722
~~as frequently as~~at least once a week ~~for a definite price or~~	723
~~consideration paid for by not less than fifty per cent of those to~~	724
~~whom distribution is made, having a second class mailing~~	725
~~privilege, being not less than four pages, published continuously~~	726
~~during the immediately preceding one-year period, and circulated~~	727
~~generally in the political subdivision in which it is published.~~	728
~~Such publication must be of a type to which the general public~~	729
~~resorts for passing events of a political, religious, commercial,~~	730
~~and social nature, current happenings, announcements,~~	731
~~miscellaneous reading matter, advertisements, and other notices~~,	732
and that meets all of the following requirements:	733

(1) It is printed in the English language using standard	734
printing methods, being not less than eight pages in the	735
broadsheet format or sixteen pages in the tabloid format.	736

(2) It contains at least twenty-five per cent editorial	737
content, which includes, but is not limited to, local news,	738
political information, and local sports.	739

(3) It has been published continuously for at least three	740
years immediately preceding legal publication by the state agency	741
or political subdivision.	742

(4) The publication has the ability to add subscribers to its	743
distribution list.	744

(5) The publication is circulated generally by United States	745
mail or carrier delivery in the political subdivision responsible	746
for legal publication or in the state, if legal publication is	747
made by a state agency, by proof of the filing of a United States	748
postal service "Statement of Ownership, Management, and	749
Circulation" (PS form 3526) with the local postmaster, or by proof	750
of an independent audit of the publication performed, within the	751
twelve months immediately preceding legal publication.	752

(B) A person who disagrees that a publication is a "newspaper	753
of general circulation" in which legal publication may be made	754
under this section may deliver a written request for mediation to	755
the publisher of the publication and to the court of common pleas	756
of the county in which is located the political subdivision in	757
which the publication is circulated, or in the Franklin county	758
court of common pleas if legal publication is to be made by a	759
state agency. The court of common pleas shall appoint a mediator,	760
and the parties shall follow the procedures of the mediation	761
program operated by the court.	762

Sec. 7.16. (A) If a section of the Revised Code or an	763
administrative rule requires a state agency or a political	764
subdivision of the state to publish a notice or advertisement two	765
or more times in a newspaper of general circulation and the	766
section or administrative rule refers to this section, the first	767
publication of the notice or advertisement shall be made in its	768
entirety in a newspaper of general circulation and may be made in	769
a preprinted insert in the newspaper, but the second publication	770
otherwise required by that section or administrative rule may be	771
made in abbreviated form in a newspaper of general circulation in	772
the state or in the political subdivision, as designated in that	773
section or administrative rule, and on the newspaper's internet	774
web site, if the newspaper has one. The state agency or political	775
subdivision may eliminate any further newspaper publications	776
required by that section or administrative rule, provided that the	777
second, abbreviated notice or advertisement meets all of the	778
following requirements:	779

(1) It is published in the newspaper of general circulation	780
in which the first publication of the notice or advertisement was	781
made and is published on that newspaper's internet web site, if	782
the newspaper has one.	783

(2) It includes a title, followed by a summary paragraph or	784
statement that clearly describes the specific purpose of the	785
notice or advertisement, and includes a statement that the notice	786
or advertisement is posted in its entirety on the state public	787
notice web site established under section 125.182 of the Revised	788
Code. The notice or advertisement also may be posted on the state	789
agency's or political subdivision's internet web site.	790

(3) It includes the internet addresses of the state public	791
notice web site, and of the newspaper's and state agency's or	792
political subdivision's internet web site if the notice or	793
advertisement is posted on those web sites, and the name, address,	794
telephone number, and electronic mail address of the state agency,	795
political subdivision, or other party responsible for publication	796
of the notice or advertisement.	797

(B) A notice or advertisement published under this section on	798
an internet web site shall be published in its entirety in	799
accordance with the section of the Revised Code or the	800
administrative rule that requires the publication.	801

(C) If a state agency or political subdivision does not	802
operate and maintain, or ceases to operate and maintain, an	803
internet web site, and if the state public notice web site	804
established under section 125.182 of the Revised Code is not	805
operational, the state agency or political subdivision shall not	806
publish a notice or advertisement under this section, but instead	807
shall comply with the publication requirements of the section of	808
the Revised Code or the administrative rule that refers to this	809
section.	810

~~Sec. 124.85.~~ Sec. 9.04. (A) As used in this section:

811

(1) "Nontherapeutic abortion" means an abortion that is	812
performed or induced when the life of the mother would not be	813
endangered if the fetus were carried to term or when the pregnancy	814
of the mother was not the result of rape or incest reported to a	815
law enforcement agency.	816

(2) "Policy, contract, or plan" means a policy, contract, or	817
plan of one or more insurance companies, medical care	818
corporations, health care corporations, health maintenance	819
organizations, preferred provider organizations, or other entities	820
that provides health, medical, hospital, or surgical coverage,	821
benefits, or services to elected or appointed officers or	822
employees of the state~~, including~~or any political subdivision	823
thereof. "Policy, contract, or plan" includes a plan that is	824
associated with a self-insurance program and a policy, contract,	825
or plan that implements a collective bargaining agreement.	826

(3) "Political subdivision" means any body corporate and	827
politic that is responsible for governmental activities in a	828
geographic area smaller than the state, except that "political	829
subdivision" does not include either of the following:	830

(a) A municipal corporation;

831

(b) A county that has adopted a charter under Section 3 of	832
Article X, Ohio Constitution, to the extent that it is exercising	833
the powers of local self-government as provided in that charter	834
and is subject to Section 3 of Article XVIII, Ohio Constitution.	835

(4) "State" ~~has the same meaning as in section 2744.01 of the~~	836
~~Revised Code~~means the state of Ohio, including the general	837
assembly, the supreme court, the offices of all elected state	838
officers, and all departments, boards, offices, commissions,	839
agencies, colleges and universities, institutions, and other	840
instrumentalities of the state of Ohio. "State" does not include	841
political subdivisions.	842

(B) Subject to division (C) of this section, but	843
notwithstanding other provisions of the Revised Code that conflict	844
with the prohibition specified in this division, funds of the	845
state or any political subdivision thereof shall not be expended	846
directly or indirectly to pay the costs, premiums, or charges	847
associated with a policy, contract, or plan if the policy,	848
contract, or plan provides coverage, benefits, or services related	849
to a nontherapeutic abortion.	850

(C) Division (B) of this section does not preclude the state	851
or any political subdivision thereof from expending funds to pay	852
the costs, premiums, or charges associated with a policy,	853
contract, or plan that includes a rider or other provision offered	854
on an individual basis under which an elected or appointed	855
official or employee who accepts the offer of the rider or	856
provision may obtain coverage of a nontherapeutic abortion through	857
the policy, contract, or plan if the individual pays for all of	858
the costs, premiums, or charges associated with the rider or	859
provision, including all administrative expenses related to the	860
rider or provision and any claim made for a nontherapeutic	861
abortion.	862

(D) In addition to the laws specified in division (A) of	863
section 4117.10 of the Revised Code that prevail over conflicting	864
provisions of agreements between employee organizations and public	865
employers, divisions (B) and (C) of this section shall prevail	866
over conflicting provisions of that nature.	867

Sec. 9.06. (A)(1) The department of rehabilitation and	868
correction may contract for the private operation and management	869
pursuant to this section of the initial intensive program prison	870
established pursuant to section 5120.033 of the Revised Code, if	871
one or more intensive program prisons are established under that	872
section, and may contract for the private operation and management	873
of any other facility under this section. Counties and municipal	874
corporations to the extent authorized in sections 307.93, 341.35,	875
753.03, and 753.15 of the Revised Code may contract for the	876
private operation and management of a facility under this section.	877
A contract entered into under this section shall be for an initial	878
term ~~of not more than two years~~specified in the contract with an	879
option to renew for additional periods of two years.	880

(2) The department of rehabilitation and correction, by rule,	881
shall adopt minimum criteria and specifications that a person or	882
entity, other than a person or entity that satisfies the criteria	883
set forth in division (A)(3)(a) of this section and subject to	884
division (I) of this section, must satisfy in order to apply to	885
operate and manage as a contractor pursuant to this section the	886
initial intensive program prison established pursuant to section	887
5120.033 of the Revised Code, if one or more intensive program	888
prisons are established under that section.	889

(3) Subject to division (I) of this section, any person or	890
entity that applies to operate and manage a facility as a	891
contractor pursuant to this section shall satisfy one or more of	892
the following criteria:	893

(a) The person or entity ~~is accredited by the American~~	894
~~correctional association and~~, at the time of the application,	895
operates and manages one or more facilities accredited by the	896
American correctional association.	897

(b) The person or entity satisfies all of the minimum	898
criteria and specifications adopted by the department of	899
rehabilitation and correction pursuant to division (A)(2) of this	900
section, provided that this alternative shall be available only in	901
relation to the initial intensive program prison established	902
pursuant to section 5120.033 of the Revised Code, if one or more	903
intensive program prisons are established under that section.	904

(4) Subject to division (I) of this section, before a public	905
entity may enter into a contract under this section, the	906
contractor shall convincingly demonstrate to the public entity	907
that it can operate the facility with the inmate capacity required	908
by the public entity and provide the services required in this	909
section and realize at least a five per cent savings over the	910
projected cost to the public entity of providing these same	911
services to operate the facility that is the subject of the	912
contract. No out-of-state prisoners may be housed in any facility	913
that is the subject of a contract entered into under this section.	914

(B) Subject to division (I) of this section, any contract	915
entered into under this section shall include all of the	916
following:	917

(1) A requirement that ~~the contractor retain the contractor's~~	918
~~accreditation from the American correctional association~~	919
~~throughout the contract term or~~, if the contractor applied	920
pursuant to division (A)(3)(b) of this section, the contractor	921
continue complying with the applicable criteria and specifications	922
adopted by the department of rehabilitation and correction	923
pursuant to division (A)(2) of this section;	924

(2) A requirement that all of the following conditions be	925
met:	926

(a) The contractor begins the process of accrediting the	927
facility with the American correctional association no later than	928
sixty days after the facility receives its first inmate.	929

(b) The contractor receives accreditation of the facility	930
within twelve months after the date the contractor applies to the	931
American correctional association for accreditation.	932

(c) Once the accreditation is received, the contractor	933
maintains it for the duration of the contract term.	934

(d) If the contractor does not comply with divisions	935
(B)(2)(a) to (c) of this section, the contractor is in violation	936
of the contract, and the public entity may revoke the contract at	937
its discretion.	938

(3) A requirement that the contractor comply with all rules	939
promulgated by the department of rehabilitation and correction	940
that apply to the operation and management of correctional	941
facilities, including the minimum standards for jails in Ohio and	942
policies regarding the use of force and the use of deadly force,	943
although the public entity may require more stringent standards,	944
and comply with any applicable laws, rules, or regulations of the	945
federal, state, and local governments, including, but not limited	946
to, sanitation, food service, safety, and health regulations. The	947
contractor shall be required to send copies of reports of	948
inspections completed by the appropriate authorities regarding	949
compliance with rules and regulations to the director of	950
rehabilitation and correction or the director's designee and, if	951
contracting with a local public entity, to the governing authority	952
of that entity.	953

(4) A requirement that the contractor report for	954
investigation all crimes in connection with the facility to the	955
public entity, to all local law enforcement agencies with	956
jurisdiction over the place at which the facility is located, and,	957
for a crime committed at a state correctional institution, to the	958
state highway patrol;	959

(5) A requirement that the contractor immediately report all	960
escapes from the facility, and the apprehension of all escapees,	961
by telephone and in writing to all local law enforcement agencies	962
with jurisdiction over the place at which the facility is located,	963
to the prosecuting attorney of the county in which the facility is	964
located, to the state highway patrol, to a daily newspaper having	965
general circulation in the county in which the facility is	966
located, and, if the facility is a state correctional institution,	967
to the department of rehabilitation and correction. The written	968
notice may be by either facsimile transmission or mail. A failure	969
to comply with this requirement regarding an escape is a violation	970
of section 2921.22 of the Revised Code.	971

(6) A requirement that, if the facility is a state	972
correctional institution, the contractor provide a written report	973
within specified time limits to the director of rehabilitation and	974
correction or the director's designee of all unusual incidents at	975
the facility as defined in rules promulgated by the department of	976
rehabilitation and correction or, if the facility is a local	977
correctional institution, that the contractor provide a written	978
report of all unusual incidents at the facility to the governing	979
authority of the local public entity;	980

(7) A requirement that the contractor maintain proper control	981
of inmates' personal funds pursuant to rules promulgated by the	982
department of rehabilitation and correction for state correctional	983
institutions or pursuant to the minimum standards for jails along	984
with any additional standards established by the local public	985
entity for local correctional institutions and that records	986
pertaining to these funds be made available to representatives of	987
the public entity for review or audit;	988

(8) A requirement that the contractor prepare and distribute	989
to the director of rehabilitation and correction or, if	990
contracting with a local public entity, to the governing authority	991
of the local entity annual budget income and expenditure	992
statements and funding source financial reports;	993

(9) A requirement that the public entity appoint and	994
supervise a full-time contract monitor, that the contractor	995
provide suitable office space for the contract monitor at the	996
facility, and that the contractor allow the contract monitor	997
unrestricted access to all parts of the facility and all records	998
of the facility except the contractor's financial records;	999

(10) A requirement that if the facility is a state	1000
correctional institution designated department of rehabilitation	1001
and correction staff members be allowed access to the facility in	1002
accordance with rules promulgated by the department;	1003

(11) A requirement that the contractor provide internal and	1004
perimeter security as agreed upon in the contract;	1005

(12) If the facility is a state correctional institution, a	1006
requirement that the contractor impose discipline on inmates	1007
housed in ~~a state correctional institution~~the facility only in	1008
accordance with rules promulgated by the department of	1009
rehabilitation and correction;	1010

(13) A requirement that the facility be staffed at all times	1011
with a staffing pattern approved by the public entity and adequate	1012
both to ensure supervision of inmates and maintenance of security	1013
within the facility and to provide for programs, transportation,	1014
security, and other operational needs. In determining security	1015
needs, the contractor shall be required to consider, among other	1016
things, the proximity of the facility to neighborhoods and	1017
schools.	1018

(14) If the contract is with a local public entity, a	1019
requirement that the contractor provide services and programs,	1020
consistent with the minimum standards for jails promulgated by the	1021
department of rehabilitation and correction under section 5120.10	1022
of the Revised Code;	1023

(15) A clear statement that no immunity from liability	1024
granted to the state, and no immunity from liability granted to	1025
political subdivisions under Chapter 2744. of the Revised Code,	1026
shall extend to the contractor or any of the contractor's	1027
employees;	1028

(16) A statement that all documents and records relevant to	1029
the facility shall be maintained in the same manner required for,	1030
and subject to the same laws, rules, and regulations as apply to,	1031
the records of the public entity;	1032

(17) Authorization for the public entity to impose a fine on	1033
the contractor from a schedule of fines included in the contract	1034
for the contractor's failure to perform its contractual duties or	1035
to cancel the contract, as the public entity considers	1036
appropriate. If a fine is imposed, the public entity may reduce	1037
the payment owed to the contractor pursuant to any invoice in the	1038
amount of the imposed fine.	1039

(18) A statement that all services provided or goods produced	1040
at the facility shall be subject to the same regulations, and the	1041
same distribution limitations, as apply to goods and services	1042
produced at other correctional institutions;	1043

(19) ~~Authorization~~If the facility is a state correctional	1044
institution, authorization for the department to establish one or	1045
more prison industries at athe facility ~~operated and managed by a~~	1046
~~contractor for the department~~;	1047

(20) A requirement that, if the facility is an intensive	1048
program prison established pursuant to section 5120.033 of the	1049
Revised Code, the facility shall comply with all criteria for	1050
intensive program prisons of that type that are set forth in that	1051
section;	1052

(21) If the ~~institution~~facility is a state correctional	1053
institution, a requirement that the contractor provide clothing	1054
for all inmates housed in the facility that is conspicuous in its	1055
color, style, or color and style, that conspicuously identifies	1056
its wearer as an inmate, and that is readily distinguishable from	1057
clothing of a nature that normally is worn outside the facility by	1058
non-inmates, that the contractor require all inmates housed in the	1059
facility to wear the clothing so provided, and that the contractor	1060
not permit any inmate, while inside or on the premises of the	1061
facility or while being transported to or from the facility, to	1062
wear any clothing of a nature that does not conspicuously identify	1063
its wearer as an inmate and that normally is worn outside the	1064
facility by non-inmates.	1065

(C) No contract entered into under this section may require,	1066
authorize, or imply a delegation of the authority or	1067
responsibility of the public entity to a contractor for any of the	1068
following:	1069

(1) Developing or implementing procedures for calculating	1070
inmate release and parole eligibility dates and recommending the	1071
granting or denying of parole, although the contractor may submit	1072
written reports that have been prepared in the ordinary course of	1073
business;	1074

(2) Developing or implementing procedures for calculating and	1075
awarding earned credits, approving the type of work inmates may	1076
perform and the wage or earned credits, if any, that may be	1077
awarded to inmates engaging in that work, and granting, denying,	1078
or revoking earned credits;	1079

(3) For inmates serving a term imposed for a felony offense	1080
committed prior to July 1, 1996, or for a misdemeanor offense,	1081
developing or implementing procedures for calculating and awarding	1082
good time, approving the good time, if any, that may be awarded to	1083
inmates engaging in work, and granting, denying, or revoking good	1084
time;	1085

(4) Classifying an inmate or placing an inmate in a more or a	1086
less restrictive custody than the custody ordered by the public	1087
entity;	1088

(5) Approving inmates for work release;

1089

(6) Contracting for local or long distance telephone services	1090
for inmates or receiving commissions from those services at a	1091
facility that is owned by or operated under a contract with the	1092
department.	1093

(D) A contractor that has been approved to operate a facility	1094
under this section, and a person or entity that enters into a	1095
contract for specialized services, as described in division (I) of	1096
this section, relative to an intensive program prison established	1097
pursuant to section 5120.033 of the Revised Code to be operated by	1098
a contractor that has been approved to operate the prison under	1099
this section, shall provide an adequate policy of insurance	1100
specifically including, but not limited to, insurance for civil	1101
rights claims as determined by a risk management or actuarial firm	1102
with demonstrated experience in public liability for state	1103
governments. The insurance policy shall provide that the state,	1104
including all state agencies, and all political subdivisions of	1105
the state with jurisdiction over the facility or in which a	1106
facility is located are named as insured, and that the state and	1107
its political subdivisions shall be sent any notice of	1108
cancellation. The contractor may not self-insure.	1109

A contractor that has been approved to operate a facility	1110
under this section, and a person or entity that enters into a	1111
contract for specialized services, as described in division (I) of	1112
this section, relative to an intensive program prison established	1113
pursuant to section 5120.033 of the Revised Code to be operated by	1114
a contractor that has been approved to operate the prison under	1115
this section, shall indemnify and hold harmless the state, its	1116
officers, agents, and employees, and any local government entity	1117
in the state having jurisdiction over the facility or ownership of	1118
the facility, shall reimburse the state for its costs in defending	1119
the state or any of its officers, agents, or employees, and shall	1120
reimburse any local government entity of that nature for its costs	1121
in defending the local government entity, from all of the	1122
following:	1123

(1) Any claims or losses for services rendered by the	1124
contractor, person, or entity performing or supplying services in	1125
connection with the performance of the contract;	1126

(2) Any failure of the contractor, person, or entity or its	1127
officers or employees to adhere to the laws, rules, regulations,	1128
or terms agreed to in the contract;	1129

(3) Any constitutional, federal, state, or civil rights claim	1130
brought against the state related to the facility operated and	1131
managed by the contractor;	1132

(4) Any claims, losses, demands, or causes of action arising	1133
out of the contractor's, person's, or entity's activities in this	1134
state;	1135

(5) Any attorney's fees or court costs arising from any	1136
habeas corpus actions or other inmate suits that may arise from	1137
any event that occurred at the facility or was a result of such an	1138
event, or arise over the conditions, management, or operation of	1139
the facility, which fees and costs shall include, but not be	1140
limited to, attorney's fees for the state's representation and for	1141
any court-appointed representation of any inmate, and the costs of	1142
any special judge who may be appointed to hear those actions or	1143
suits.	1144

(E) Private correctional officers of a contractor operating	1145
and managing a facility pursuant to a contract entered into under	1146
this section may carry and use firearms in the course of their	1147
employment only after being certified as satisfactorily completing	1148
an approved training program as described in division (A) of	1149
section 109.78 of the Revised Code.	1150

(F) Upon notification by the contractor of an escape from, or	1151
of a disturbance at, the facility that is the subject of a	1152
contract entered into under this section, the department of	1153
rehabilitation and correction and state and local law enforcement	1154
agencies shall use all reasonable means to recapture escapees or	1155
quell any disturbance. Any cost incurred by the state or its	1156
political subdivisions relating to the apprehension of an escapee	1157
or the quelling of a disturbance at the facility shall be	1158
chargeable to and borne by the contractor. The contractor shall	1159
also reimburse the state or its political subdivisions for all	1160
reasonable costs incurred relating to the temporary detention of	1161
the escapee following recapture.	1162

(G) Any offense that would be a crime if committed at a state	1163
correctional institution or jail, workhouse, prison, or other	1164
correctional facility shall be a crime if committed by or with	1165
regard to inmates at facilities operated pursuant to a contract	1166
entered into under this section.	1167

(H) A contractor operating and managing a facility pursuant	1168
to a contract entered into under this section shall pay any inmate	1169
workers at the facility at the rate approved by the public entity.	1170
Inmates working at the facility shall not be considered employees	1171
of the contractor.	1172

(I) In contracting for the private operation and management	1173
pursuant to division (A) of this section of any intensive program	1174
prison established pursuant to section 5120.033 of the Revised	1175
Code, the department of rehabilitation and correction may enter	1176
into a contract with a contractor for the general operation and	1177
management of the prison and may enter into one or more separate	1178
contracts with other persons or entities for the provision of	1179
specialized services for persons confined in the prison,	1180
including, but not limited to, security or training services or	1181
medical, counseling, educational, or similar treatment programs.	1182
If, pursuant to this division, the department enters into a	1183
contract with a contractor for the general operation and	1184
management of the prison and also enters into one or more	1185
specialized service contracts with other persons or entities, all	1186
of the following apply:	1187

(1) The contract for the general operation and management	1188
shall comply with all requirements and criteria set forth in this	1189
section, and all provisions of this section apply in relation to	1190
the prison operated and managed pursuant to the contract.	1191

(2) Divisions (A)(2), (B), and (C) of this section do not	1192
apply in relation to any specialized services contract, except to	1193
the extent that the provisions of those divisions clearly are	1194
relevant to the specialized services to be provided under the	1195
specialized services contract. Division (D) of this section	1196
applies in relation to each specialized services contract.	1197

(J) If, on or after the effective date of this amendment, a	1198
contractor enters into a contract with the department of	1199
rehabilitation and correction under this section for the operation	1200
and management of any facility described in Section 753.10 of the	1201
act in which this amendment was adopted, if the contract provides	1202
for the sale of the facility to the contractor, if the facility is	1203
sold to the contractor subsequent to the execution of the	1204
contract, and if the contractor is privately operating and	1205
managing the facility, notwithstanding the contractor's private	1206
operation and management of the facility, all of the following	1207
apply:	1208

(1) Except as expressly provided to the contrary in this	1209
section, the facility being privately operated and managed by the	1210
contractor shall be considered for purposes of the Revised Code as	1211
being under the control of, or under the jurisdiction of, the	1212
department of rehabilitation and correction.	1213

(2) Any reference in this section to "state correctional	1214
institution," any reference in Chapter 2967. of the Revised Code	1215
to "state correctional institution," other than the definition of	1216
that term set forth in section 2967.01 of the Revised Code, or to	1217
"prison," and any reference in Chapter 2929., 5120., 5145., 5147.,	1218
or 5149. or any other provision of the Revised Code to "state	1219
correctional institution" or "prison" shall be considered to	1220
include a reference to the facility being privately operated and	1221
managed by the contractor, unless the context makes the inclusion	1222
of that facility clearly inapplicable.	1223

(3) Upon the sale and conveyance of the facility, the	1224
facility shall be returned to the tax list and duplicate	1225
maintained by the county auditor, and the facility shall be	1226
subject to all real property taxes and assessments. No exemption	1227
from real property taxation pursuant to Chapter 5709. of the	1228
Revised Code shall apply to the facility conveyed. The gross	1229
receipts and income of the contractor to whom the facility is	1230
conveyed that are derived from operating and managing the facility	1231
under this section shall be subject to gross receipts and income	1232
taxes levied by the state and its subdivisions, including the	1233
taxes levied pursuant to Chapters 718., 5747., 5748., and 5751. of	1234
the Revised Code. Unless exempted under another section of the	1235
Revised Code, transactions involving a contractor as a consumer or	1236
purchaser are subject to any tax levied under Chapters 5739. and	1237
5741. of the Revised Code.	1238

(4) After the sale and conveyance of the facility, all of the	1239
following apply:	1240

(a) Before the contractor may resell or otherwise transfer	1241
the facility and the real property on which it is situated, any	1242
surrounding land that also was transferred under the contract, or	1243
both the facility and real property on which it is situated plus	1244
the surrounding land that was transferred under the contract, the	1245
contractor first must offer the state the opportunity to	1246
repurchase the facility, real property, and surrounding land that	1247
is to be resold or transferred and must sell the facility, real	1248
property, and surrounding land to the state if the state so	1249
desires, pursuant to and in accordance with the repurchase clause	1250
included in the contract.	1251

(b) Upon the default by the contractor of any financial	1252
agreement for the purchase of the facility and the real property	1253
on which it is situated, any surrounding land that also was	1254
transferred under the contract, or both the facility and real	1255
property on which it is situated plus the surrounding land that	1256
was transferred under the contract, upon the default by the	1257
contractor of any other term in the contract, or upon the	1258
financial insolvency of the contractor or inability of the	1259
contractor to meet its contractual obligations, the state may	1260
repurchase the facility, real property, and surrounding land, if	1261
the state so desires, pursuant to and in accordance with the	1262
repurchase clause included in the contract.	1263

(c) If the contract entered into under this section for the	1264
operation and management of a state correctional institution is	1265
terminated, both of the following apply:	1266

(i) The operation and management responsibilities of the	1267
state correctional institution shall be transferred to another	1268
contractor under the same terms and conditions as applied to the	1269
original contractor or to the department of rehabilitation and	1270
correction.	1271

(ii) The department of rehabilitation and correction or the	1272
new contractor, whichever is applicable, may enter into an	1273
agreement with the terminated contractor to purchase the	1274
terminated contractor's equipment, supplies, furnishings, and	1275
consumables.	1276

(K) Any action asserting that section 9.06 of the Revised	1277
Code or section 753.10 of the act in which this amendment was	1278
adopted violates any provision of the Ohio constitution and any	1279
claim asserting that any action taken by the governor or the	1280
department of administrative services or the department of	1281
rehabilitation and correction pursuant to section 9.06 of the	1282
Revised Code or section 753.10 of the act in which this amendment	1283
was adopted violates any provision of the Ohio constitution or any	1284
provision of the Revised Code shall be brought in the court of	1285
common pleas of Franklin county. The court shall give any action	1286
filed pursuant to this division priority over all other civil	1287
cases pending on its docket and expeditiously make a determination	1288
on the claim. If an appeal is taken from any final order issued in	1289
a case brought pursuant to this division, the court of appeals	1290
shall give the case priority over all other civil cases pending on	1291
its docket and expeditiously make a determination on the appeal.	1292

(L) As used in this section:

1293

(1) "Public entity" means the department of rehabilitation	1294
and correction, or a county or municipal corporation or a	1295
combination of counties and municipal corporations, that has	1296
jurisdiction over a facility that is the subject of a contract	1297
entered into under this section.	1298

(2) "Local public entity" means a county or municipal	1299
corporation, or a combination of counties and municipal	1300
corporations, that has jurisdiction over a jail, workhouse, or	1301
other correctional facility used only for misdemeanants that is	1302
the subject of a contract entered into under this section.	1303

(3) "Governing authority of a local public entity" means, for	1304
a county, the board of county commissioners; for a municipal	1305
corporation, the legislative authority; for a combination of	1306
counties and municipal corporations, all the boards of county	1307
commissioners and municipal legislative authorities that joined to	1308
create the facility.	1309

(4) "Contractor" means a person or entity that enters into a	1310
contract under this section to operate and manage a jail,	1311
workhouse, or other correctional facility.	1312

(5) "Facility" means ~~the~~any of the following:

1313

(a) The specific county, multicounty, municipal,	1314
municipal-county, or multicounty-municipal jail, workhouse,	1315
prison, or other type of correctional institution or facility used	1316
only for misdemeanants~~, or a~~that is the subject of a contract	1317
entered into under this section;	1318

(b) Any state correctional institution, that is the subject	1319
of a contract entered into under this section, including any	1320
facility described in Section 753.10 of the act in which this	1321
amendment was adopted at any time prior to or after any sale to a	1322
contractor of the state's right, title, and interest in the	1323
facility, the land situated thereon, and specified surrounding	1324
land.	1325

(6) "Person or entity" in the case of a contract for the	1326
private operation and management of a state correctional	1327
institution, includes an employee organization, as defined in	1328
section 4117.01 of the Revised Code, that represents employees at	1329
state correctional institutions.	1330

Sec. 9.231. (A)(1) Subject to divisions (A)(2) and (3) of	1331
this section, a governmental entity shall not disburse money	1332
totaling twenty-five thousand dollars or more to any person for	1333
the provision of services for the primary benefit of individuals	1334
or the public and not for the primary benefit of a governmental	1335
entity or the employees of a governmental entity, unless the	1336
contracting authority of the governmental entity first enters into	1337
a written contract with the person that is signed by the person or	1338
by an officer or agent of the person authorized to legally bind	1339
the person and that embodies all of the requirements and	1340
conditions set forth in sections 9.23 to 9.236 of the Revised	1341
Code. If the disbursement of money occurs over the course of a	1342
governmental entity's fiscal year, rather than in a lump sum, the	1343
contracting authority of the governmental entity shall enter into	1344
the written contract with the person at the point during the	1345
governmental entity's fiscal year that at least seventy-five	1346
thousand dollars has been disbursed by the governmental entity to	1347
the person. Thereafter, the contracting authority of the	1348
governmental entity shall enter into the written contract with the	1349
person at the beginning of the governmental entity's fiscal year,	1350
if, during the immediately preceding fiscal year, the governmental	1351
entity disbursed to that person an aggregate amount totaling at	1352
least seventy-five thousand dollars.	1353

(2) If the money referred to in division (A)(1) of this	1354
section is disbursed by or through more than one state agency to	1355
the person for the provision of services to the same population,	1356
the contracting authorities of those agencies shall determine	1357
which one of them will enter into the written contract with the	1358
person.	1359

(3) The requirements and conditions set forth in divisions	1360
(A), (B), (C), and (F) of section 9.232, divisions (A)(1) and (2)	1361
and (B) of section 9.234, divisions (A)(2) and (B) of section	1362
9.235, and sections 9.233 and 9.236 of the Revised Code do not	1363
apply with respect to the following:	1364

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

1365

(i) The amount received for the services is a set fee for	1366
each time the services are provided, is determined in accordance	1367
with a fixed rate per unit of time or per service, or is a	1368
capitated rate, and the fee or rate is established by competitive	1369
bidding or by a market rate survey of similar services provided in	1370
a defined market area. The market rate survey may be one conducted	1371
by or on behalf of the governmental entity or an independent	1372
survey accepted by the governmental entity as statistically valid	1373
and reliable.	1374

(ii) The services are provided in accordance with standards	1375
established by state or federal law, or by rules or regulations	1376
adopted thereunder, for their delivery, which standards are	1377
enforced by the federal government, a governmental entity, or an	1378
accrediting organization recognized by the federal government or a	1379
governmental entity.	1380

(iii) Payment for the services is made after the services are	1381
delivered and upon submission to the governmental entity of an	1382
invoice or other claim for payment as required by any applicable	1383
local, state, or federal law or, if no such law applies, by the	1384
terms of the contract.	1385

(b) Contracts under which the services are reimbursed through	1386
or in a manner consistent with a federal program that meets all of	1387
the following requirements:	1388

(i) The program calculates the reimbursement rate on the	1389
basis of the previous year's experience or in accordance with an	1390
alternative method set forth in rules adopted by the Ohio	1391
department of job and family services.	1392

(ii) The reimbursement rate is derived from a breakdown of	1393
direct and indirect costs.	1394

(iii) The program's guidelines describe types of expenditures	1395
that are allowable and not allowable under the program and	1396
delineate which costs are acceptable as direct costs for purposes	1397
of calculating the reimbursement rate.	1398

(iv) The program includes a uniform cost reporting system	1399
with specific audit requirements.	1400

(c) Contracts under which the services are reimbursed through	1401
or in a manner consistent with a federal program that calculates	1402
the reimbursement rate on a fee for service basis in compliance	1403
with United States office of management and budget Circular A-87,	1404
as revised May 10, 2004.	1405

(d) Contracts for services that are paid pursuant to the	1406
earmarking of an appropriation made by the general assembly for	1407
that purpose.	1408

(B) Division (A) of this section does not apply if the money	1409
is disbursed to a person pursuant to a contract with the United	1410
States or a governmental entity under any of the following	1411
circumstances:	1412

(1) The person receives the money directly or indirectly from	1413
the United States, and no governmental entity exercises any	1414
oversight or control over the use of the money.	1415

(2) The person receives the money solely in return for the	1416
performance of one or more of the following types of services:	1417

(a) Medical, therapeutic, or other health-related services	1418
provided by a person if the amount received is a set fee for each	1419
time the person provides the services, is determined in accordance	1420
with a fixed rate per unit of time, or is a capitated rate, and	1421
the fee or rate is reasonable and customary in the person's trade	1422
or profession;	1423

(b) Medicaid-funded services, including administrative and	1424
management services, provided pursuant to a contract or medicaid	1425
provider agreement that meets the requirements of the medicaid	1426
program established under Chapter 5111. of the Revised Code.	1427

(c) Services, other than administrative or management	1428
services or any of the services described in division (B)(2)(a) or	1429
(b) of this section, that are commonly purchased by the public at	1430
an hourly rate or at a set fee for each time the services are	1431
provided, unless the services are performed for the benefit of	1432
children, persons who are eligible for the services by reason of	1433
advanced age, medical condition, or financial need, or persons who	1434
are confined in a detention facility as defined in section 2921.01	1435
of the Revised Code, and the services are intended to help promote	1436
the health, safety, or welfare of those children or persons;	1437

(d) Educational services provided by a school to children	1438
eligible to attend that school. For purposes of division (B)(2)(d)	1439
of this section, "school" means any school operated by a school	1440
district board of education, any community school established	1441
under Chapter 3314. of the Revised Code, or any nonpublic school	1442
for which the state board of education prescribes minimum	1443
education standards under section 3301.07 of the Revised Code.	1444

(e) Services provided by a foster home as defined in section	1445
5103.02 of the Revised Code;	1446

(f) "Routine business services other than administrative or	1447
management services," as that term is defined by the attorney	1448
general by rule adopted in accordance with Chapter 119. of the	1449
Revised Code;	1450

(g) Services to protect the environment or promote	1451
environmental education that are provided by a nonprofit entity or	1452
services to protect the environment that are funded with federal	1453
grants or revolving loan funds and administered in accordance with	1454
federal law;	1455

~~(h) Services, including administrative and management~~	1456
~~services, provided under the children's buy-in program established~~	1457
~~under sections 5101.5211 to 5101.5216 of the Revised Code~~.	1458

(3) The person receives the money solely in return for the	1459
performance of services intended to help preserve public health or	1460
safety under circumstances requiring immediate action as a result	1461
of a natural or man-made emergency.	1462

(C) With respect to a nonprofit association, corporation, or	1463
organization established for the purpose of providing educational,	1464
technical, consulting, training, financial, or other services to	1465
its members in exchange for membership dues and other fees, any of	1466
the services provided to a member that is a governmental entity	1467
shall, for purposes of this section, be considered services "for	1468
the primary benefit of a governmental entity or the employees of a	1469
governmental entity.	1470

Sec. 9.24. (A) Except as may be allowed under division (F) of	1471
this section, no state agency and no political subdivision shall	1472
award a contract as described in division (G)(1) of this section	1473
for goods, services, or construction, paid for in whole or in part	1474
with state funds, to a person against whom a finding for recovery	1475
has been issued by the auditor of state on and after January 1,	1476
2001, if the finding for recovery is unresolved.	1477

A contract is considered to be awarded when it is entered	1478
into or executed, irrespective of whether the parties to the	1479
contract have exchanged any money.	1480

(B) For purposes of this section, a finding for recovery is	1481
unresolved unless one of the following criteria applies:	1482

(1) The money identified in the finding for recovery is paid	1483
in full to the state agency or political subdivision to whom the	1484
money was owed;	1485

(2) The debtor has entered into a repayment plan that is	1486
approved by the attorney general and the state agency or political	1487
subdivision to whom the money identified in the finding for	1488
recovery is owed. A repayment plan may include a provision	1489
permitting a state agency or political subdivision to withhold	1490
payment to a debtor for goods, services, or construction provided	1491
to or for the state agency or political subdivision pursuant to a	1492
contract that is entered into with the debtor after the date the	1493
finding for recovery was issued.	1494

(3) The attorney general waives a repayment plan described in	1495
division (B)(2) of this section for good cause;	1496

(4) The debtor and state agency or political subdivision to	1497
whom the money identified in the finding for recovery is owed have	1498
agreed to a payment plan established through an enforceable	1499
settlement agreement.	1500

(5) The state agency or political subdivision desiring to	1501
enter into a contract with a debtor certifies, and the attorney	1502
general concurs, that all of the following are true:	1503

(a) Essential services the state agency or political	1504
subdivision is seeking to obtain from the debtor cannot be	1505
provided by any other person besides the debtor;	1506

(b) Awarding a contract to the debtor for the essential	1507
services described in division (B)(5)(a) of this section is in the	1508
best interest of the state;	1509

(c) Good faith efforts have been made to collect the money	1510
identified in the finding of recovery.	1511

(6) The debtor has commenced an action to contest the finding	1512
for recovery and a final determination on the action has not yet	1513
been reached.	1514

(C) The attorney general shall submit an initial report to	1515
the auditor of state, not later than December 1, 2003, indicating	1516
the status of collection for all findings for recovery issued by	1517
the auditor of state for calendar years 2001, 2002, and 2003.	1518
Beginning on January 1, 2004, the attorney general shall submit to	1519
the auditor of state, on the first day of every January, April,	1520
July, and October, a list of all findings for recovery that have	1521
been resolved in accordance with division (B) of this section	1522
during the calendar quarter preceding the submission of the list	1523
and a description of the means of resolution. The attorney general	1524
shall notify the auditor of state when a judgment is issued	1525
against an entity described in division (F)(1) of this section.	1526

(D) The auditor of state shall maintain a database,	1527
accessible to the public, listing persons against whom an	1528
unresolved finding for recovery has been issued, and the amount of	1529
the money identified in the unresolved finding for recovery. The	1530
auditor of state shall have this database operational on or before	1531
January 1, 2004. The initial database shall contain the	1532
information required under this division for calendar years 2001,	1533
2002, and 2003.	1534

Beginning January 15, 2004, the auditor of state shall update	1535
the database by the fifteenth day of every January, April, July,	1536
and October to reflect resolved findings for recovery that are	1537
reported to the auditor of state by the attorney general on the	1538
first day of the same month pursuant to division (C) of this	1539
section.	1540

(E) Before awarding a contract as described in division	1541
(G)(1) of this section for goods, services, or construction, paid	1542
for in whole or in part with state funds, a state agency or	1543
political subdivision shall verify that the person to whom the	1544
state agency or political subdivision plans to award the contract	1545
has no unresolved finding for recovery issued against the person.	1546
A state agency or political subdivision shall verify that the	1547
person does not appear in the database described in division (D)	1548
of this section or shall obtain other proof that the person has no	1549
unresolved finding for recovery issued against the person.	1550

(F) The prohibition of division (A) of this section and the	1551
requirement of division (E) of this section do not apply with	1552
respect to the companies, payments, or agreements described in	1553
divisions (F)(1) and (2) of this section, or in the circumstance	1554
described in division (F)(3) of this section.	1555

(1) A bonding company or a company authorized to transact the	1556
business of insurance in this state, a self-insurance pool, joint	1557
self-insurance pool, risk management program, or joint risk	1558
management program, unless a court has entered a final judgment	1559
against the company and the company has not yet satisfied the	1560
final judgment.	1561

(2) To medicaid provider agreements under Chapter 5111. of	1562
the Revised Code ~~or payments or provider agreements under the~~	1563
~~children's buy-in program established under sections 5101.5211 to~~	1564
~~5101.5216 of the Revised Code~~.	1565

(3) When federal law dictates that a specified entity provide	1566
the goods, services, or construction for which a contract is being	1567
awarded, regardless of whether that entity would otherwise be	1568
prohibited from entering into the contract pursuant to this	1569
section.	1570

(G)(1) This section applies only to contracts for goods,	1571
services, or construction that satisfy the criteria in either	1572
division (G)(1)(a) or (b) of this section. This section may apply	1573
to contracts for goods, services, or construction that satisfy the	1574
criteria in division (G)(1)(c) of this section, provided that the	1575
contracts also satisfy the criteria in either division (G)(1)(a)	1576
or (b) of this section.	1577

(a) The cost for the goods, services, or construction	1578
provided under the contract is estimated to exceed twenty-five	1579
thousand dollars.	1580

(b) The aggregate cost for the goods, services, or	1581
construction provided under multiple contracts entered into by the	1582
particular state agency and a single person or the particular	1583
political subdivision and a single person within the fiscal year	1584
preceding the fiscal year within which a contract is being entered	1585
into by that same state agency and the same single person or the	1586
same political subdivision and the same single person, exceeded	1587
fifty thousand dollars.	1588

(c) The contract is a renewal of a contract previously	1589
entered into and renewed pursuant to that preceding contract.	1590

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

1591

(H) As used in this section:

1592

(1) "State agency" has the same meaning as in section 9.66 of	1593
the Revised Code.	1594

(2) "Political subdivision" means a political subdivision as	1595
defined in section 9.82 of the Revised Code that has received more	1596
than fifty thousand dollars of state money in the current fiscal	1597
year or the preceding fiscal year.	1598

(3) "Finding for recovery" means a determination issued by	1599
the auditor of state, contained in a report the auditor of state	1600
gives to the attorney general pursuant to section 117.28 of the	1601
Revised Code, that public money has been illegally expended,	1602
public money has been collected but not been accounted for, public	1603
money is due but has not been collected, or public property has	1604
been converted or misappropriated.	1605

(4) "Debtor" means a person against whom a finding for	1606
recovery has been issued.	1607

(5) "Person" means the person named in the finding for	1608
recovery.	1609

(6) "State money" does not include funds the state receives	1610
from another source and passes through to a political subdivision.	1611

Sec. 9.33. As used in sections 9.33 to ~~9.333~~9.335 of the	1612
Revised Code:	1613

(A) "Construction manager" means a person with substantial	1614
discretion and authority to plan, coordinate, manage, and direct	1615
all phases of a project for the construction, demolition,	1616
alteration, repair, or reconstruction of any public building,	1617
structure, or other improvement, but does not mean the person who	1618
provides the professional design services or who actually performs	1619
the construction, demolition, alteration, repair, or	1620
reconstruction work on the project.	1621

(B)(1) "Construction manager at risk" means a person with	1622
substantial discretion and authority to plan, coordinate, manage,	1623
direct, and construct all phases of a project for the	1624
construction, demolition, alteration, repair, or reconstruction of	1625
any public building, structure, or other improvement and who	1626
provides the public authority a guaranteed maximum price as	1627
determined in section 9.334 of the Revised Code.	1628

(2) As used in division (B)(1) of this section:

1629

(a) "Construct" includes performing, or subcontracting for	1630
performing, construction, demolition, alteration, repair, or	1631
reconstruction.	1632

(b) "Manage" includes approving bidders and awarding	1633
subcontracts for furnishing materials regarding, or for	1634
performing, construction, demolition, alteration, repair, or	1635
reconstruction.	1636

(C) "Construction management contract" means a contract	1637
between a public authority and another person obligating the	1638
person to provide construction management services.	1639

(D) "Construction management services" or "management	1640
services" means the range of services that either a construction	1641
manager or a construction manager at risk may provide.	1642

(E) "Qualified" means having the following qualifications:

1643

(1) Competence to perform the required management services as	1644
indicated by the technical training, education, and experience of	1645
the construction manager's or construction manager at risk's	1646
personnel, especially the technical training, education, and	1647
experience of the construction manager's or construction manager	1648
at risk's employees who would be assigned to perform the services;	1649

(2) Ability in terms of workload and the availability of	1650
qualified personnel, equipment, and facilities to perform the	1651
required management services competently and expeditiously;	1652

(3) Past performance as reflected by the evaluations of	1653
previous clients with respect to factors such as control of costs,	1654
quality of work, and meeting of deadlines;	1655

(4) Financial responsibility as evidenced by the capability	1656
to provide a letter of credit pursuant to Chapter 1305. of the	1657
Revised Code, a surety bond, certified check, or cashier's check	1658
in an amount equal to the value of the construction management	1659
contract, or by other means acceptable to the public ~~owner~~	1660
authority;	1661

(5) Other similar factors.

1662

~~(C)~~(F)(1) "Public ~~owner~~authority" means the state, orany	1663
state institution of higher education as defined in section	1664
3345.011 of the Revised Code, any county, township, municipal	1665
corporation, school district, or other political subdivision, or	1666
any public agency, authority, board, commission, instrumentality,	1667
or special purpose district of the state or of a political	1668
subdivision.	1669

(2) "Public authority" does not include the Ohio turnpike	1670
commission.	1671

(G) "Open book pricing method" means a method in which a	1672
construction manager at risk provides the public authority, at the	1673
public authority's request, all books, records, documents, and	1674
other data in its possession pertaining to the bidding, pricing,	1675
or performance of a construction management contract awarded to	1676
the construction manager at risk.	1677

Sec. 9.331. (A) Before entering into a contract to employ a	1678
construction manager or construction manager at risk, a public	1679
~~owner~~authority shall advertise, in a newspaper of general	1680
circulation in the county where the contract is to be performed,	1681
and may advertise by electronic means pursuant to rules adopted by	1682
the director of administrative services, notice of its intent to	1683
employ a construction manager or construction manager at risk. The	1684
notice shall invite interested parties to submit proposals for	1685
consideration and shall be published at least thirty days prior to	1686
the date for accepting the proposals. The public ~~owner~~authority	1687
also may advertise the information contained in the notice in	1688
appropriate trade journals and otherwise notify persons believed	1689
to be interested in employment as a construction manager or	1690
construction manager at risk.	1691

(B) The advertisement shall include a general description of	1692
the project, a statement of the specific management services	1693
required, and a description of the qualifications required for the	1694
project.	1695

Sec. 9.332. ~~For every construction management contract, the~~	1696
Every public ~~owner~~authority planning to contract for construction	1697
management services with a construction manager shall evaluate the	1698
proposals submitted and may hold discussions with individual	1699
construction managers to explore further their proposals, the	1700
scope and nature of the services they would provide, and the	1701
various technical approaches they may take regarding the project.	1702
Following this evaluation, the public ~~owner~~authority shall:	1703

(A) Select and rank no fewer than three construction managers	1704
that it considers to be the most qualified to provide the required	1705
construction management services, except when the public ~~owner~~	1706
authority determines in writing that fewer than three qualified	1707
construction managers are available in which case it shall select	1708
and rank them;	1709

(B) Negotiate a contract with the construction manager ranked	1710
most qualified to perform the required services at a compensation	1711
determined in writing to be fair and reasonable. Contract	1712
negotiations shall be directed toward:	1713

(1) Ensuring that the construction manager and the public	1714
~~owner~~authority have a mutual understanding of the essential	1715
requirements involved in providing the required services;	1716

(2) Determining that the construction manager will make	1717
available the necessary personnel, equipment, and facilities to	1718
perform the services within the required time.	1719

(C) Upon failure to negotiate a contract with the	1720
construction manager ranked most qualified, the public ~~owner~~	1721
authority shall inform the construction manager in writing of the	1722
termination of negotiations and enter into negotiations with the	1723
construction manager ranked next most qualified. If negotiations	1724
again fail, the same procedure ~~shall~~may be followed with each	1725
next most qualified construction manager selected and ranked	1726
pursuant to division (A) of this section, in order of ranking,	1727
until a contract is negotiated.	1728

(D) If the public ~~owner~~authority fails to negotiate a	1729
contract with any of the construction managers selected pursuant	1730
to division (A) of this section, the public ~~owner shall~~authority	1731
may select and rank additional construction managers, based on	1732
their qualifications, and negotiations ~~shall~~may continue as with	1733
the construction managers selected and ranked initially until a	1734
contract is negotiated.	1735

(E) Nothing in this section affects a public authority's	1736
right to accept or reject any or all proposals in whole or in	1737
part.	1738

Sec. 9.333. (A) No public ~~owner~~authority shall enter into a	1739
construction management contract with a construction manager	1740
unless the construction manager provides a letter of credit	1741
pursuant to Chapter 1305. of the Revised Code, a surety bond	1742
pursuant to sections 153.54 and 153.57 of the Revised Code, a	1743
certified check or cashier's check in an amount equal to the value	1744
of the construction management contract for the project, or	1745
provides other reasonable financial assurance of a nature and in	1746
an amount satisfactory to the ~~owner~~public authority. The public	1747
~~owner~~authority may waive this requirement for good cause.	1748

(B) Before construction begins pursuant to a construction	1749
management contract with a construction manager at risk, the	1750
construction manager at risk shall provide a surety bond to the	1751
public authority in accordance with rules adopted by the director	1752
of administrative services under Chapter 119. of the Revised Code.	1753

Sec. 9.334. (A) Every public authority planning to contract	1754
for construction management services with a construction manager	1755
at risk shall evaluate the proposals submitted and select not	1756
fewer than three construction managers at risk the public	1757
authority considers to be the most qualified to provide the	1758
required construction management services, except that the public	1759
authority shall select and rank fewer than three when the public	1760
authority determines in writing that fewer than three qualified	1761
construction managers at risk are available.	1762

(B) The public authority shall provide each construction	1763
manager at risk selected under division (A) of this section with a	1764
description of the project, including a statement of available	1765
design detail, a description of how the guaranteed maximum price	1766
for the project shall be determined, including the estimated level	1767
of design detail upon which the guaranteed maximum price shall be	1768
based, the form of the construction management contract, and a	1769
request for a pricing proposal.	1770

(C) The pricing proposal of each construction manager at risk	1771
shall include at least the following regarding the construction	1772
manager at risk:	1773

(1) A list of key personnel for the project;

1774

(2) A statement of the general conditions and contingency	1775
requirements;	1776

(3) A fee proposal divided into a preconstruction fee, a	1777
construction fee, and the portion of the construction fee to be at	1778
risk in a guaranteed maximum price.	1779

(D) The public authority shall evaluate the submitted pricing	1780
proposals and may hold discussions with individual construction	1781
managers at risk to explore their proposals further, including the	1782
scope and nature of the proposed services and potential technical	1783
approaches.	1784

(E) After evaluating the pricing proposals, the public	1785
authority shall rank the selected construction managers at risk	1786
based on its evaluation of the value of each pricing proposal,	1787
with such evaluation considering the proposed cost and	1788
qualifications.	1789

(F) The public authority shall enter into negotiations for a	1790
construction management contract with the construction manager at	1791
risk whose pricing proposal the public authority determines to be	1792
the best value under division (E) of this section. Contract	1793
negotiations shall be directed toward:	1794

(1) Ensuring that the construction manager at risk and the	1795
public authority mutually understand the essential requirements	1796
involved in providing the required construction management	1797
services, including the provisions for the use of contingency	1798
funds and the possible distribution of savings in the final costs	1799
of the project;	1800

(2) Ensuring that the construction manager at risk will be	1801
able to provide the necessary personnel, equipment, and facilities	1802
to perform the construction management services within the time	1803
required by the construction management contract;	1804

(3) Agreeing upon a procedure and schedule for determining a	1805
guaranteed maximum price using an open book pricing method that	1806
shall represent the total maximum amount to be paid by the public	1807
authority to the construction manager at risk for the project and	1808
that shall include the costs of all the work, the cost of its	1809
general conditions, the contingency, and the fee payable to the	1810
construction manager at risk.	1811

(G)(1) If the public authority fails to negotiate a	1812
construction management contract with the construction manager at	1813
risk whose pricing proposal the public authority determines to be	1814
the best value under division (E) of this section, the public	1815
authority shall inform the construction manager at risk, in	1816
writing, of the termination of negotiations.	1817

(2) Upon terminating negotiations, the public authority may	1818
enter into negotiations as provided in this section with the	1819
construction manager at risk that the public authority ranked next	1820
highest under division (E) of this section. If negotiations fail,	1821
the public authority may enter into negotiations as provided in	1822
this section with the construction manager at risk the public	1823
authority ranked next highest under division (E) of this section.	1824

(3) If a public authority fails to negotiate a construction	1825
management contract with a construction manager at risk whose	1826
pricing proposal the public authority determines to be the best	1827
value under division (E) of this section, the public authority may	1828
select additional construction managers at risk to provide pricing	1829
proposals to the public authority pursuant to this section or may	1830
select an alternative delivery method for the project.	1831

(H) If the public authority and construction manager at risk	1832
fail to agree on a guaranteed maximum price, nothing in this	1833
section shall prohibit the public authority from allowing the	1834
construction manager at risk to provide the management services	1835
that a construction manager is authorized to provide.	1836

(I) Nothing in this section affects a public authority's	1837
right to accept or reject any or all proposals in whole or in	1838
part.	1839

Sec. 9.335. The requirements set forth in sections 9.33 to	1840
9.334 of the Revised Code for the bidding, selection, and award of	1841
a construction management contract by a public authority prevail	1842
in the event of any conflict with a provision of Chapter 153. of	1843
the Revised Code.	1844

Sec. 9.482. (A) As used in this section, "political	1845
subdivision" has the meaning defined in section 2744.01 of the	1846
Revised Code.	1847

(B) When authorized by their respective legislative	1848
authorities, a political subdivision may enter into an agreement	1849
with another political subdivision whereby a contracting political	1850
subdivision agrees to exercise any power, perform any function, or	1851
render any service for another contracting recipient political	1852
subdivision that the contracting recipient political subdivision	1853
is otherwise legally authorized to exercise, perform, or render.	1854

In the absence in the agreement of provisions determining by	1855
what officer, office, department, agency, or other authority the	1856
powers and duties of a contracting political subdivision shall be	1857
exercised or performed, the legislative authority of the	1858
contracting political subdivision shall determine and assign the	1859
powers and duties.	1860

An agreement shall not suspend the possession by a	1861
contracting recipient political subdivision of any power or	1862
function that is exercised or performed on its behalf by another	1863
contracting political subdivision under the agreement.	1864

A political subdivision shall not enter into an agreement to	1865
levy any tax or to exercise, with regard to public moneys, any	1866
investment powers, perform any investment function, or render any	1867
investment service on behalf of a contracting subdivision. Nothing	1868
in this paragraph prohibits a political subdivision from entering	1869
into an agreement to collect, administer, or enforce any tax on	1870
behalf of another political subdivision or to limit the authority	1871
of political subdivisions to create and operate joint economic	1872
development zones or joint economic development districts as	1873
provided in sections 715.69 to 715.83 of the Revised Code.	1874

(C) No power shall be exercised, no function shall be	1875
performed, and no service shall be rendered by a contracting	1876
political subdivision pursuant to an agreement entered into under	1877
this section within a political subdivision that is not a party to	1878
the agreement, without first obtaining the written consent of the	1879
political subdivision that is not a party to the agreement and	1880
within which the power is to be exercised, a function is to be	1881
performed, or a service is to be rendered.	1882

(D) Chapter 2744. of the Revised Code, insofar as it applies	1883
to the operation of a political subdivision, applies to the	1884
political subdivisions that are parties to an agreement and to	1885
their employees when they are rendering a service outside the	1886
boundaries of their employing political subdivision under the	1887
agreement. Employees acting outside the boundaries of their	1888
employing political subdivision while providing a service under an	1889
agreement may participate in any pension or indemnity fund	1890
established by the political subdivision to the same extent as	1891
while they are acting within the boundaries of the political	1892
subdivision, and are entitled to all the rights and benefits of	1893
Chapter 4123. of the Revised Code to the same extent as while they	1894
are performing a service within the boundaries of the political	1895
subdivision.	1896

Sec. 9.82. As used in sections 9.82 to 9.83 of the Revised	1897
Code:	1898

(A) "State" means the state of Ohio, including, but not	1899
limited to, the general assembly, the supreme court, the offices	1900
of all elected state officers, and all departments, boards,	1901
offices, commissions, agencies, institutions, and other	1902
instrumentalities of the state of Ohio. "State" does not include	1903
political subdivisions.	1904

For purposes of the judicial liability program, "state" means	1905
the supreme court, the courts of appeals, the courts of common	1906
pleas and any division of courts of common pleas, municipal	1907
courts, and county courts.	1908

(B) "Political subdivision" means a county, city, village,	1909
township, park district, or school district.	1910

(C) "Personal property" means tangible personal property	1911
owned, leased, controlled, or possessed by a state agency and	1912
includes, but is not limited to, chattels, movable property,	1913
merchandise, furniture, goods, livestock, vehicles, watercraft,	1914
aircraft, movable machinery, movable tools, movable equipment,	1915
general operating supplies, and media.	1916

(D) "Media" means all active information processing material,	1917
including all forms of data, program material, and related	1918
engineering specifications employed in any state agency's	1919
information processing operation.	1920

(E) "Property" means real and personal property as defined in	1921
divisions (C) and (F) of this section and any other property in	1922
which the state determines it has an insurable interest.	1923

(F) "Real property" means land or interests in land whose	1924
title is vested in the state or that is under the control of the	1925
state through a lease purchase agreement, installment purchase,	1926
mortgage, lien, or otherwise, and includes, but is not limited to,	1927
all buildings, structures, improvements, machinery, equipment, or	1928
fixtures erected on, above, or under such land.	1929

(G) "State agency" means every department, bureau, board,	1930
commission, office, or other organized body established by the	1931
constitution or laws of this state for the exercise of any	1932
function of state government, the general assembly, all	1933
legislative agencies, the supreme court, and the court of claims.	1934
"State agency" does not include any state-supported institutions	1935
of higher education, the public employees retirement system, the	1936
Ohio police and ~~and Fire~~fire pension fund, the state teachers	1937
retirement system, the school employees retirement system, the	1938
state highway patrol retirement system, or the city of Cincinnati	1939
retirement system.	1940

Sec. 9.823. (A) All contributions collected by the director	1941
of administrative services under division (E) of this section	1942
shall be deposited into the state treasury to the credit of the	1943
risk management reserve fund, which is hereby created. The fund	1944
shall be used to provide insurance and self-insurance for the	1945
state under sections 9.822 and 9.83 of the Revised Code. All	1946
investment earnings of the fund shall be credited to it.	1947

(B) The director, through the office of risk management,	1948
shall operate the risk management reserve fund on an actuarially	1949
sound basis.	1950

(C) Reserves shall be maintained in the risk management	1951
reserve fund in any amount that is necessary and adequate, in the	1952
exercise of sound and prudent actuarial judgment, to cover	1953
potential liability claims, expenses, fees, or damages. Money in	1954
the fund may be applied to the payment of liability claims that	1955
are filed against the state ~~in the court of claims and determined~~	1956
~~in the manner provided for under Chapter 2743. of the Revised~~	1957
~~Code~~. The director may procure the services of a qualified	1958
actuarial firm for the purpose of recommending the specific amount	1959
of money that would be required to maintain adequate reserves for	1960
a given period of time.	1961

(D) A report of the amounts reserved and disbursements made	1962
from the reserves, together with a written report of a competent	1963
property and casualty actuary, shall be submitted, on or before	1964
the last day of March for the preceding calendar year, to the	1965
speaker of the house of representatives and the president of the	1966
senate. The actuary shall certify the adequacy of the rates of	1967
contributions, the sufficiency of excess insurance, and whether	1968
the amounts reserved conform to the requirements of this section,	1969
are computed in accordance with accepted loss reserving standards,	1970
and are fairly stated in accordance with sound loss reserving	1971
principles. The report shall include disbursements made for the	1972
administration of the fund, including claims paid, cost of legal	1973
representation of state agencies and employees, and fees paid to	1974
consultants.	1975

(E) The director shall collect from each state agency or any	1976
participating state body its contribution to the risk management	1977
reserve fund for the purpose of purchasing insurance or	1978
administering self-insurance programs for coverages authorized	1979
under sections 9.822 and 9.83 of the Revised Code. The	1980
contribution shall be determined by the director, with the	1981
approval of the director of budget and management, and shall be	1982
based upon actuarial assumptions and the relative risk and loss	1983
experience of each state agency or participating state body. The	1984
contribution shall further include a reasonable sum to cover the	1985
department's administrative costs.	1986

Sec. 9.833. (A) As used in this section, "political	1987
subdivision" ~~means a municipal corporation, township, county, or~~	1988
~~other body corporate and politic responsible for governmental~~	1989
~~activities in a geographic area smaller than that of the state,~~	1990
~~and agencies and instrumentalities of these entities~~has the	1991
meaning defined in sections 2744.01 and 3905.36 of the Revised	1992
Code. For purposes of this section, "political subdivision"	1993
includes municipal corporations as defined in section 5705.01 of	1994
the Revised Code.	1995

(B) Political subdivisions that provide health care benefits	1996
for their officers or employees may do any of the following:	1997

(1) Establish and maintain an individual self-insurance	1998
program with public moneys to provide authorized health care	1999
benefits, including but not limited to, health care, prescription	2000
drugs, dental care, and vision care, in accordance with division	2001
(C) of this section;	2002

(2) Establish and maintain a health savings account program	2003
whereby employees or officers may establish and maintain health	2004
savings accounts in accordance with section 223 of the Internal	2005
Revenue Code. Public moneys may be used to pay for or fund	2006
federally qualified high deductible health plans that are linked	2007
to health savings accounts or to make contributions to health	2008
savings accounts. A health savings account program may be a part	2009
of a self-insurance program.	2010

(3) After establishing an individual self-insurance program,	2011
agree with other political subdivisions that have established	2012
individual self-insurance programs for health care benefits, that	2013
their programs will be jointly administered in a manner specified	2014
in the agreement;	2015

(4) Pursuant to a written agreement and in accordance with	2016
division (C) of this section, join in any combination with other	2017
political subdivisions to establish and maintain a joint	2018
self-insurance program to provide health care benefits;	2019

(5) Pursuant to a written agreement, join in any combination	2020
with other political subdivisions to procure or contract for	2021
policies, contracts, or plans of insurance to provide health care	2022
benefits, which may include a health savings account program, for	2023
their officers and employees subject to the agreement;	2024

(6) Use in any combination any of the policies, contracts,	2025
plans, or programs authorized under this division.	2026

(7) Any agreement made under divisions (B)(3), (4), (5), or	2027
(6) of this section shall be in writing, comply with division (C)	2028
of this section, and contain best practices established in	2029
consultation with and approved by the department of administrative	2030
services. The best practices may be reviewed and amended at the	2031
discretion of the political subdivisions in consultation with the	2032
department. Detailed information regarding the best practices	2033
shall be made available to any employee upon that employee's	2034
request.	2035

(8) Purchase plans approved by the department of	2036
administrative services under section 9.901 of the Revised Code.	2037

(C) Except as otherwise provided in division (E) of this	2038
section, the following apply to individual or joint self-insurance	2039
programs established pursuant to this section:	2040

(1) Such funds shall be reserved as are necessary, in the	2041
exercise of sound and prudent actuarial judgment, to cover	2042
potential cost of health care benefits for the officers and	2043
employees of the political subdivision. A certified audited	2044
financial statement and a report of amounts so reserved and	2045
disbursements made from such funds, together with a written report	2046
of a member of the American academy of actuaries certifying	2047
whether the amounts reserved conform to the requirements of this	2048
division, are computed in accordance with accepted loss reserving	2049
standards, and are fairly stated in accordance with sound loss	2050
reserving principles, shall be prepared and maintained, within	2051
ninety days after the last day of the fiscal year of the entity	2052
for which the report is provided for that fiscal year, in the	2053
office of the program administrator described in division (C)(3)	2054
of this section.	2055

The report required by division (C)(1) of this section shall	2056
include, but not be limited to, disbursements made for the	2057
administration of the program, including claims paid, costs of the	2058
legal representation of political subdivisions and employees, and	2059
fees paid to consultants.	2060

The program administrator described in division (C)(3) of	2061
this section shall make the report required by this division	2062
available for inspection by any person at all reasonable times	2063
during regular business hours, and, upon the request of such	2064
person, shall make copies of the report available at cost within a	2065
reasonable period of time. The program administrator shall further	2066
provide the report to the auditor of state under Chapter 117. of	2067
the Revised Code.	2068

(2) Each political subdivision shall reserve funds necessary	2069
for an individual or joint self-insurance program in a special	2070
fund that may be established for political subdivisions other than	2071
an agency or instrumentality pursuant to an ordinance or	2072
resolution of the political subdivision and not subject to section	2073
5705.12 of the Revised Code. An agency or instrumentality shall	2074
reserve the funds necessary for an individual or joint	2075
self-insurance program in a special fund established pursuant to a	2076
resolution duly adopted by the agency's or instrumentality's	2077
governing board. The political subdivision may allocate the costs	2078
of insurance or any self-insurance program, or both, among the	2079
funds or accounts established under this division on the basis of	2080
relative exposure and loss experience.	2081

(3) A contract may be awarded, without the necessity of	2082
competitive bidding, to any person, political subdivision,	2083
nonprofit corporation organized under Chapter 1702. of the Revised	2084
Code, or regional council of governments created under Chapter	2085
167. of the Revised Code for purposes of administration of an	2086
individual or joint self-insurance program. No such contract shall	2087
be entered into without full, prior, public disclosure of all	2088
terms and conditions. The disclosure shall include, at a minimum,	2089
a statement listing all representations made in connection with	2090
any possible savings and losses resulting from the contract, and	2091
potential liability of any political subdivision or employee. The	2092
proposed contract and statement shall be disclosed and presented	2093
at a meeting of the political subdivision not less than one week	2094
prior to the meeting at which the political subdivision authorizes	2095
the contract.	2096

A contract awarded to a nonprofit corporation or a regional	2097
council of governments under this division may provide that all	2098
employees of the nonprofit corporation or regional council of	2099
governments and the employees of all entities related to the	2100
nonprofit corporation or regional council of governments may be	2101
covered by the individual or joint self-insurance program under	2102
the terms and conditions set forth in the contract.	2103

(4) The individual or joint self-insurance program shall	2104
include a contract with a certified public accountant and a member	2105
of the American academy of actuaries for the preparation of the	2106
written ~~evaluation of the reserve funds~~evaluations required under	2107
division (C)(1) of this section.	2108

(5) A joint self-insurance program may allocate the costs of	2109
funding the program among the funds or accounts established under	2110
this division to the participating political subdivisions on the	2111
basis of their relative exposure and loss experience.	2112

(6) An individual self-insurance program may allocate the	2113
costs of funding the program among the funds or accounts	2114
established under this division to the political subdivision that	2115
established the program.	2116

(7) Two or more political subdivisions may also authorize the	2117
establishment and maintenance of a joint health care cost	2118
containment program, including, but not limited to, the employment	2119
of risk managers, health care cost containment specialists, and	2120
consultants, for the purpose of preventing and reducing health	2121
care costs covered by insurance, individual self-insurance, or	2122
joint self-insurance programs.	2123

(8) A political subdivision is not liable under a joint	2124
self-insurance program for any amount in excess of amounts payable	2125
pursuant to the written agreement for the participation of the	2126
political subdivision in the joint self-insurance program. Under a	2127
joint self-insurance program agreement, a political subdivision	2128
may, to the extent permitted under the written agreement, assume	2129
the risks of any other political subdivision. A joint	2130
self-insurance program established under this section is deemed a	2131
separate legal entity for the public purpose of enabling the	2132
members of the joint self-insurance program to obtain insurance or	2133
to provide for a formalized, jointly administered self-insurance	2134
fund for its members. An entity created pursuant to this section	2135
is exempt from all state and local taxes.	2136

(9) Any political subdivision, other than an agency or	2137
instrumentality, may issue general obligation bonds, or special	2138
obligation bonds that are not payable from real or personal	2139
property taxes, and may also issue notes in anticipation of such	2140
bonds, pursuant to an ordinance or resolution of its legislative	2141
authority or other governing body for the purpose of providing	2142
funds to pay expenses associated with the settlement of claims,	2143
whether by way of a reserve or otherwise, and to pay the political	2144
subdivision's portion of the cost of establishing and maintaining	2145
an individual or joint self-insurance program or to provide for	2146
the reserve in the special fund authorized by division (C)(2) of	2147
this section.	2148

In its ordinance or resolution authorizing bonds or notes	2149
under this section, a political subdivision may elect to issue	2150
such bonds or notes under the procedures set forth in Chapter 133.	2151
of the Revised Code. In the event of such an election,	2152
notwithstanding Chapter 133. of the Revised Code, the maturity of	2153
the bonds may be for any period authorized in the ordinance or	2154
resolution not exceeding twenty years, which period shall be the	2155
maximum maturity of the bonds for purposes of section 133.22 of	2156
the Revised Code.	2157

Bonds and notes issued under this section shall not be	2158
considered in calculating the net indebtedness of the political	2159
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of	2160
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are	2161
hereby made applicable to bonds or notes authorized under this	2162
section.	2163

(10) A joint self-insurance program is not an insurance	2164
company. Its operation does not constitute doing an insurance	2165
business and is not subject to the insurance laws of this state.	2166

(D) A political subdivision may procure group life insurance	2167
for its employees in conjunction with an individual or joint	2168
self-insurance program authorized by this section, provided that	2169
the policy of group life insurance is not self-insured.	2170

(E) ~~Divisions (C)(1), (2), and (4) of this~~This section do	2171
does not apply to individual self-insurance programs increated	2172
solely by municipal corporations~~, townships, or counties~~as	2173
defined in section 5705.01 of the Revised Code.	2174

(F) A public official or employee of a political subdivision	2175
who is or becomes a member of the governing body of the program	2176
administrator of a joint self-insurance program in which the	2177
political subdivision participates is not in violation of division	2178
(D) or (E) of section 102.03, division (C) of section 102.04, or	2179
section 2921.42 of the Revised Code as a result of either of the	2180
following:	2181

(1) The political subdivision's entering under this section	2182
into the written agreement to participate in the joint	2183
self-insurance program;	2184

(2) The political subdivision's entering under this section	2185
into any other contract with the joint self-insurance program.	2186

Sec. 9.90. (A) ~~The governing board of any public institution~~	2187
~~of higher education, including without limitation state~~	2188
~~universities and colleges, community college districts, university~~	2189
~~branch districts, technical college districts, and municipal~~	2190
~~universities,~~The following applies until the department of	2191
administrative services implements healthcare plans designed under	2192
section 9.901 of the Revised Code. If those plans do not include	2193
or address any benefits listed in this section, or if the board of	2194
trustees or other governing body of a state institution of higher	2195
education, as defined in section 3345.011 of the Revised Code,	2196
board of education of a school district, or governing board of an	2197
educational service center do not elect to be covered under a plan	2198
offered by the department of administrative services under section	2199
9.901 of the Revised Code, the following provisions continue in	2200
effect for those benefits. The board of trustees or other	2201
governing body of a state institution of higher education, as	2202
defined in section 3345.011 of the Revised Code, board of	2203
education of a school district, or governing board of an	2204
educational service center may, in addition to all other powers	2205
provided in the Revised Code:	2206

(1) Contract for, purchase, or otherwise procure from an	2207
insurer or insurers licensed to do business by the state of Ohio	2208
for or on behalf of such of its employees as it may determine,	2209
life insurance, or sickness, accident, annuity, endowment, health,	2210
medical, hospital, dental, or surgical coverage and benefits, or	2211
any combination thereof, by means of insurance plans or other	2212
types of coverage, family, group or otherwise, and may pay from	2213
funds under its control and available for such purpose all or any	2214
portion of the cost, premium, or charge for such insurance,	2215
coverage, or benefits. However, the governing board, in addition	2216
to or as an alternative to the authority otherwise granted by	2217
division (A)(1) of this section, may elect to procure coverage for	2218
health care services, for or on behalf of such of its employees as	2219
it may determine, by means of policies, contracts, certificates,	2220
or agreements issued by at least two health insuring corporations	2221
holding a certificate of authority under Chapter 1751. of the	2222
Revised Code and may pay from funds under the governing board's	2223
control and available for such purpose all or any portion of the	2224
cost of such coverage.	2225

(2) Make payments to a custodial account for investment in	2226
regulated investment company stock for the purpose of providing	2227
retirement benefits as described in section 403(b)(7) of the	2228
Internal Revenue Code of 1954, as amended. Such stock shall be	2229
purchased only from persons authorized to sell such stock in this	2230
state.	2231

Any income of an employee deferred under divisions (A)(1) and	2232
(2) of this section in a deferred compensation program eligible	2233
for favorable tax treatment under the Internal Revenue Code of	2234
1954, as amended, shall continue to be included as regular	2235
compensation for the purpose of computing the contributions to and	2236
benefits from the retirement system of such employee. Any sum so	2237
deferred shall not be included in the computation of any federal	2238
and state income taxes withheld on behalf of any such employee.	2239

(B) All or any portion of the cost, premium, or charge	2240
therefor may be paid in such other manner or combination of	2241
manners as the ~~governing~~ board or governing body may determine,	2242
including direct payment by the employee in cases under division	2243
(A)(1) of this section, and, if authorized in writing by the	2244
employee in cases under division (A)(1) or (2) of this section, by	2245
~~such governing~~the board or governing body with moneys made	2246
available by deduction from or reduction in salary or wages or by	2247
the foregoing of a salary or wage increase. Nothing in section	2248
3917.01 or section 3917.06 of the Revised Code shall prohibit the	2249
issuance or purchase of group life insurance authorized by this	2250
section by reason of payment of premiums therefor by the ~~governing~~	2251
board or governing body from its funds, and such group life	2252
insurance may be so issued and purchased if otherwise consistent	2253
with the provisions of sections 3917.01 to 3917.07 of the Revised	2254
Code.	2255

(C) The board of education of any school district may	2256
exercise any of the powers granted to the governing boards of	2257
public institutions of higher education under divisions (A) and	2258
(B) of this section, except in relation to the provision of health	2259
care benefits to employees. All health care benefits provided to	2260
persons employed by the public schools of this state shall be	2261
through health care plans that contain best practices established	2262
by the school employees health care board or the department of	2263
administrative services pursuant to section 9.901 of the Revised	2264
Code.	2265

(D) Once the department of administrative services releases	2266
in final form health care plans designed under section 9.901 of	2267
the Revised Code, all health care benefits provided to persons	2268
employed by state institutions of higher education, school	2269
districts, or educational service centers may be through those	2270
plans.	2271

Sec. 9.901. (A)(1) All health care benefits provided to	2272
persons employed by the political subdivisions and public school	2273
districts of this state shall be provided by health care plans	2274
that contain best practices established pursuant to this section	2275
by the school employees health care board or the department of	2276
administrative services. Twelve months after the release of best	2277
practices by the board all policies or contracts for health care	2278
benefits provided to public school district employees that are	2279
issued or renewed after the expiration of any applicable	2280
collective bargaining agreement must contain best practices	2281
established pursuant to this section by the board. Any or all of	2282
the health care plans that contain best practices specified by the	2283
board may be self-insured. ~~As used in this section, a "public~~	2284
~~school district" means a city, local, exempted village, or joint~~	2285
~~vocational school district, and includes the educational service~~	2286
~~centers associated with those districts but not charter schools.~~	2287

(2) ~~The board shall determine what strategies are used by the~~	2288
~~existing medical plans to manage health care costs and shall study~~	2289
~~the potential benefits of state or regional consortiums of public~~	2290
~~schools offering multiple health care plans.~~Upon completion of	2291
the consultant's report under division (E) of this section and	2292
once the plans are released in final form by the department, all	2293
health care benefits provided to persons employed by political	2294
subdivisions, public school districts, and state institutions of	2295
higher education may be provided by health care plans designed	2296
under this section by the department. The department, in	2297
consultation with the superintendent of insurance, may negotiate	2298
with and, in accordance with the competitive selection procedures	2299
of Chapter 125. of the Revised Code, contract with one or more	2300
insurance companies authorized to do business in this state for	2301
the issuance of the plans. Any or all of the health care plans	2302
designed by the department may be self-insured. All self-insured	2303
plans adopted shall be administered by the department in	2304
accordance with this section. The plans shall incorporate the best	2305
practices adopted by the department under division (C)(3) of this	2306
section.	2307

(3) Before soliciting proposals from insurance companies for	2308
the issuance of health care plans, the department, in consultation	2309
with the superintendent of insurance, shall determine what	2310
geographic regions exist in the state based on the availability of	2311
providers, networks, costs, and other factors relating to	2312
providing health care benefits. The department shall then	2313
determine what health care plans offered by political	2314
subdivisions, public school districts, state institutions, and	2315
existing consortiums in the region offer the most cost-effective	2316
plan.	2317

(4) The department, in consultation with the superintendent	2318
of insurance, shall develop a request for proposals and solicit	2319
bids for health care plans for political subdivisions, public	2320
school districts, and state institutions in a region similar to	2321
the existing plans. The department shall also determine the	2322
benefits offered by existing health care plans, the employees'	2323
costs, and the cost-sharing arrangements used by political	2324
subdivisions, schools, and institutions participating in a	2325
consortium. The department shall determine what strategies are	2326
used by the existing plans to manage health care costs and shall	2327
study the potential benefits of state or regional consortiums	2328
offering multiple health care plans. When options exist in a	2329
defined regional service area that meet the benchmarks or best	2330
practices prescribed by the department, public employees shall be	2331
given the option of selecting from two or more health plans.	2332

(5) No political subdivision, public school district, or	2333
state institution may be required to offer the health care plans	2334
designed under this section until action is taken under division	2335
(E) of this section.	2336

In addition, political subdivisions, public school districts,	2337
or state institutions offering employee health care benefits	2338
through a plan offered by a consortium of two or more political	2339
subdivisions, districts, or state institutions, or a consortium of	2340
one or more political subdivisions, districts, or state	2341
institutions and one or more other political subdivisions may	2342
continue offering consortium plans to the political subdivisions',	2343
districts', or institutions' employees if plans contain best	2344
practices required under this section.	2345

(6) As used in this section:

2346

(a) "Public school district" means a city, local, exempted	2347
village, or joint vocational school district; a STEM school	2348
established under Chapter 3326. of the Revised Code; or an	2349
educational service center. "Public school district" does not mean	2350
a community school established under Chapter 3314. of the Revised	2351
Code.	2352

(b) "State institution of higher education" or "state	2353
institution" means a state institution of higher education as	2354
defined in section 3345.011 of the Revised Code.	2355

(c) "Political subdivision" has the same meaning as defined	2356
in section 9.833 of the Revised Code.	2357

(d) A "health care plan" includes group policies, contracts,	2358
and agreements that provide hospital, surgical, or medical expense	2359
coverage, including self-insured plans. A "health care plan" does	2360
not include an individual plan offered to the employees of a	2361
political subdivision, public school district, or state	2362
institution, or a plan that provides coverage only for specific	2363
disease or accidents, or a hospital indemnity, medicare	2364
supplement, or other plan that provides only supplemental	2365
benefits, paid for by the employees of a political subdivision,	2366
public school district, or state institution.	2367

~~(b)~~(e) A "health plan sponsor" means a political subdivision,	2368
public school district, a state institution of higher education, a	2369
consortium of political subdivisions, public school districts, or	2370
state institutions, or a council of governments.	2371

(B) ~~The school employees health care board is hereby created.~~	2372
~~The school employees health care board shall consist of the~~	2373
~~following twelve members and shall include individuals with~~	2374
~~experience with public school district benefit programs, health~~	2375
~~care industry providers, and health care plan beneficiaries:~~	2376

~~(1) Four members appointed by the governor, one of whom shall~~	2377
~~be representative of nonadministrative public school district~~	2378
~~employees;~~	2379

~~(2) Four members appointed by the president of the senate,~~	2380
~~one of whom shall be representative of nonadministrative public~~	2381
~~school district employees;~~	2382

~~(3) Four members appointed by the speaker of the house of~~	2383
~~representatives, one of whom shall be representative of~~	2384
~~nonadministrative public school district employees.~~	2385

~~A member of the school employees health care board shall not~~	2386
~~be employed by, represent, or in any way be affiliated with a~~	2387
~~private entity that is providing services to the board, an~~	2388
~~individual school district, employers, or employees in the state~~	2389
~~of Ohio.~~	2390

~~(C)(1) Members of the school employees health care board~~	2391
~~shall serve four-year terms, but may be reappointed, except as~~	2392
~~otherwise specified in division (B) of this section.~~	2393

~~A member shall continue to serve subsequent to the expiration~~	2394
~~of the member's term until a successor is appointed. Any vacancy~~	2395
~~occurring during a member's term shall be filled in the same~~	2396
~~manner as the original appointment, except that the person~~	2397
~~appointed to fill the vacancy shall be appointed to the remainder~~	2398
~~of the unexpired term.~~	2399

~~(2) Members shall receive compensation fixed pursuant to~~	2400
~~division (J) of section 124.15 of the Revised Code and shall be~~	2401
~~reimbursed from the school employees health care fund for actual~~	2402
~~and necessary expenses incurred in the performance of their~~	2403
~~official duties as members of the board.~~	2404

~~(3) Members may be removed by their appointing authority for~~	2405
~~misfeasance, malfeasance, incompetence, dereliction of duty, or~~	2406
~~other just cause.~~	2407

~~(D)(1) At the first meeting of the board after the first day~~	2408
~~of January of each calendar year, the board shall elect a~~	2409
~~chairperson and may elect members to other positions on the board~~	2410
~~as the board considers necessary or appropriate. The board shall~~	2411
~~meet at least nine times each calendar year and shall also meet at~~	2412
~~the call of the chairperson or four or more board members. The~~	2413
~~chairperson shall provide reasonable advance notice of the time~~	2414
~~and place of board meetings to all members.~~	2415

~~(2) A majority of the board constitutes a quorum for the~~	2416
~~transaction of business at a board meeting. A majority vote of the~~	2417
~~members present is necessary for official action.~~	2418

~~(E) The school employees health care board shall conduct its~~	2419
~~business at open meetings; however, the records of the board are~~	2420
~~not public records for purposes of section 149.43 of the Revised~~	2421
~~Code.~~	2422

~~(F)~~ The ~~school~~political subdivisions and public employees	2423
health care fund is hereby created in the state treasury. The	2424
~~board~~department shall use all funds in the ~~school~~political	2425
subdivisions and public employees health care fund solely to carry	2426
out the provisions of this section and related administrative	2427
costs.	2428

~~(G)~~(C) The ~~school employees health care board~~department	2429
shall do all of the following:	2430

(1) Include disease management and consumer education	2431
programs, which programs shall include, but are not limited to,	2432
wellness programs and other measures designed to encourage the	2433
wise use of medical plan coverage. These programs are not services	2434
or treatments for purposes of section 3901.71 of the Revised Code.	2435

(2) After action is taken under division (E) of this section,	2436
design health care plans for political subdivisions, public school	2437
districts, and state institutions of higher education in	2438
accordance with division (A) of this section separate from the	2439
plans for state agencies;	2440

(3) Adopt and release a set of standards that shall be	2441
considered the best practices ~~to which public school districts~~	2442
~~shall adhere in the selection and implementation of~~for health	2443
care plans offered to employees of political subdivisions, public	2444
school districts, and state institutions.	2445

~~(2)~~(4) Require that the plans the health plan sponsors	2446
administer make readily available to the public all cost and	2447
design elements of the plan;	2448

~~(3) Work with health plan sponsors through educational~~	2449
~~outlets and consultation;~~	2450

~~(4) Maintain a commitment to transparency and public access~~	2451
~~of its meetings and activity pursuant to division (E) of this~~	2452
~~section;~~	2453

(5) Set employee and employer health care plan premiums for	2454
the plans designed under division (C)(2) of this section;	2455

(6) Promote cooperation among all organizations affected by	2456
this section in identifying the elements for the successful	2457
implementation of this section;	2458

~~(6)~~(7) Promote cost containment measures aligned with	2459
patient, plan, and provider management strategies in developing	2460
and managing health care plans;	2461

~~(7)~~(8) Prepare and disseminate to the public an annual report	2462
on the status of health plan sponsors' effectiveness in making	2463
progress to reduce the rate of increase in insurance premiums and	2464
employee out of pocket expenses, as well as progress in improving	2465
the health status of political subdivision, public school	2466
district, and state institution employees and their families.	2467

~~(H)~~(D) The sections in Chapter 3923. of the Revised Code	2468
regulating public employee benefit plans are not applicable to the	2469
health care plans designed pursuant to this section.	2470

~~(I) The board may contract with one or more independent~~	2471
~~consultants to analyze costs related to employee health care~~	2472
~~benefits provided by existing public school district plans in this~~	2473
~~state. The consultants may evaluate the benefits offered by~~	2474
~~existing health care plans, the employees' costs, and the~~	2475
~~cost-sharing arrangements used by public school districts either~~	2476
~~participating in a consortium or by other means. The consultants~~	2477
~~may evaluate what strategies are used by the existing health care~~	2478
~~plans to manage health care costs and the potential benefits of~~	2479
~~state or regional consortiums of public schools offering multiple~~	2480
~~health care plans. Based on the findings of the analysis, the~~	2481
~~consultants may submit written recommendations to the board for~~	2482
~~the development and implementation of successful best practices~~	2483
~~and programs for improving school districts' purchasing power for~~	2484
~~the acquisition of employee health care plans~~(E) Before the	2485
department's release of the initial health care plans, the	2486
department shall contract with an independent consultant to	2487
analyze costs related to employee health care benefits provided by	2488
existing political subdivision, public school district, and state	2489
institution plans. All political subdivisions shall provide	2490
information requested by the department that the department	2491
determines is needed to complete this study. The information	2492
requested shall be held confidentially by the department and shall	2493
not be considered a public record under Chapter 149. of the	2494
Revised Code. The department may release the information after	2495
redacting all personally identifiable information. The consultant	2496
shall determine the benefits offered by existing plans, the	2497
employees' costs, and the cost-sharing arrangements used by	2498
political subdivisions, schools, and institutions participating in	2499
a consortium. The consultant shall determine what strategies are	2500
used by the existing plans to manage health care costs and shall	2501
study the potential benefits of state or regional consortiums of	2502
political subdivisions, public schools, and institutions offering	2503
multiple health care plans. Based on the findings of the analysis,	2504
the consultant shall submit written recommendations to the	2505
department for the development and implementation of a successful	2506
program for pooling purchasing power for the acquisition of	2507
employee health care plans. The consultant's recommendations shall	2508
address, at a minimum, all of the following issues:	2509

(1) The development of a plan for regional coordination of	2510
the health care plans;	2511

(2) The establishment of regions for the provision of health	2512
care plans, based on the availability of providers and plans in	2513
the state at the time;	2514

(3) The viability of voluntary and mandatory participation by	2515
political subdivisions, public schools, and institutions of higher	2516
education;	2517

(4) The use of regional preferred provider and closed panel	2518
plans, health savings accounts, and alternative health care plans,	2519
to stabilize both costs and the premiums charged to political	2520
subdivisions, public school districts, and state institutions and	2521
their employees;	2522

(5) The use of the competitive bidding process for regional	2523
health care plans;	2524

(6) The use of information on claims and costs and of	2525
information reported by political subdivisions, public school	2526
districts, and state institutions pursuant to the Consolidated	2527
Omnibus Budget Reconciliation Act (COBRA) 100 Stat. 227, 29 U.S.C.	2528
1161, as amended in analyzing administrative and premium costs;	2529

(7) The experience of states that have statewide health care	2530
plans for political subdivision, public school district, and state	2531
institution employees, including the implementation strategies	2532
used by those states;	2533

(8) Recommended strategies for the use of first-year roll-in	2534
premiums in the transition from political subdivision, district,	2535
and state institution health care plans to department plans;	2536

(9) The option of allowing political subdivisions, public	2537
school districts, and state institutions to join an existing	2538
regional consortium as an alternative to department plans;	2539

(10) Mandatory and optional coverages to be offered by the	2540
department's plans;	2541

(11) Potential risks to the state from the use of plans	2542
developed under this section;	2543

(12) Any legislation needed to ensure the long-term financial	2544
solvency and stability of a health care purchasing system;	2545

(13) The potential impacts of any changes to the existing	2546
purchasing structure on all of the following:	2547

(a) Existing health care pooling and consortiums;

2548

(b) Political subdivision, school district, and state	2549
institution employees;	2550

(c) Individual political subdivisions, school districts, and	2551
state institutions.	2552

(14) Issues that could arise when political subdivisions,	2553
school districts, and state institutions transition from the	2554
existing purchasing structure to a new purchasing structure;	2555

(15) Strategies available to the department in the creation	2556
of fund reserves and the need for stop-loss insurance coverage for	2557
catastrophic losses;	2558

(16) Impact on eliminating the premium tax or excise	2559
currently received on behalf of a public employer under division	2560
(A) of section 5725.18 and division (A) of 5729.03 of the Revised	2561
Code;	2562

(17) How development of the federal health exchange in Ohio	2563
may impact public employees;	2564

(18) Impact of joint health insurance regional program on	2565
insurance carriers and agents;	2566

(19) The benefits, including any cost savings to the state of	2567
establishing a benchmark for public employers to meet in lieu of	2568
establishing new plans administered by the department.	2569

~~(J)~~(F) The public ~~schools~~ health care advisory committee is	2570
hereby created under the ~~school employees health care board~~	2571
department of administrative services. The committee shall make	2572
recommendations to the ~~school employees health care board related~~	2573
~~to the board's accomplishment of the duties assigned to the board~~	2574
director of administrative services or the director's designee on	2575
the development and adoption of best practices under this section.	2576
The committee shall consist of ~~eighteen~~fifteen members appointed	2577
by the speaker of the house of representatives, the president of	2578
the senate, and the governor and shall include representatives	2579
from state and local government employers, state and local	2580
government employees, insurance agents, health insurance	2581
companies, and joint purchasing arrangements currently in	2582
existence. ~~The governor shall appoint two representatives each~~	2583
~~from the Ohio education association, the Ohio school boards~~	2584
~~association, and a health insuring corporation licensed to do~~	2585
~~business in Ohio and recommended by the Ohio association of Health~~	2586
~~Plans. The speaker shall appoint two representatives each from the~~	2587
~~Ohio association of school business officials, the Ohio federation~~	2588
~~of teachers, and the buckeye association of school administrators.~~	2589
~~The president of the senate shall appoint two representatives each~~	2590
~~from the Ohio association of health underwriters, an existing~~	2591
~~health care consortium serving public schools, and the Ohio~~	2592
~~association of public school employees. The initial appointees~~	2593
~~shall serve until December 31, 2007; subsequent two-year~~	2594
~~appointments, to commence on the first day of January of each year~~	2595
~~thereafter, and shall be made in the same manner. A member shall~~	2596
~~continue to serve subsequent to the expiration of the member's~~	2597
~~term until the member's successor is appointed. Any vacancy~~	2598
~~occurring during a member's term shall be filled in the same~~	2599
~~manner as the original appointment, except that the person~~	2600
~~appointed to fill the vacancy shall be appointed to the remainder~~	2601
~~of the unexpired term. The advisory committee shall elect a~~	2602
~~chairperson at its first meeting after the first day of January~~	2603
~~each year who shall call the time and place of future committee~~	2604
~~meetings in addition to the meetings that are to be held jointly~~	2605
~~with the school employees health care board. Committee members are~~	2606
~~not subject to the conditions for eligibility set by division (B)~~	2607
~~of this section for members of the school employees health care~~	2608
~~board.~~Nothing in this section prohibits a political subdivision	2609
from adopting a delivery system of benefits that is not in	2610
accordance with the department's adopted best practices if it is	2611
considered to be most financially advantageous to the political	2612
subdivision.	2613

~~(K)~~(G) The ~~board~~department may adopt rules for the	2614
enforcement of health plan sponsors' compliance with the best	2615
practices standards adopted by the ~~board~~department pursuant to	2616
this section.	2617

~~(L) Any districts providing health care plan coverage for the~~	2618
~~employees of public school districts shall provide nonidentifiable~~	2619
~~aggregate claims data for the coverage to the school employees~~	2620
~~health care board, without charge, within sixty days after~~	2621
~~receiving a written request from the board.~~(H) Any health care	2622
plan providing coverage for the employees of political	2623
subdivisions, public school districts, or state institutions of	2624
higher education, or that have provided coverage within two years	2625
before the effective date of this amendment, shall provide	2626
nonidentifiable aggregate claims and administrative data for the	2627
coverage provided as required by the department, without charge,	2628
within thirty days after receiving a written request from the	2629
department. The claims data shall include data relating to	2630
employee group benefit sets, demographics, and claims experience.	2631

~~(M)~~(I)(1) The ~~school employees health care board~~department	2632
may contract with other state agencies for services as the ~~board~~	2633
department deems necessary for the implementation and operation of	2634
this section, based on demonstrated experience and expertise in	2635
administration, management, data handling, actuarial studies,	2636
quality assurance, or for other needed services. ~~The school~~	2637
~~employees health care board may contract with the department of~~	2638
~~administrative services for central services until such time the~~	2639
~~board deems itself able to obtain such services from its own staff~~	2640
~~or from other sources. The board shall reimburse the department of~~	2641
~~administrative services for the reasonable cost of those services.~~	2642

(2) The ~~board~~department shall hire staff as necessary to	2643
provide administrative support to the ~~board~~department and the	2644
public ~~school~~ employee health care plan program established by	2645
this section.	2646

~~(N)~~(J) Not more than ninety days before coverage begins for	2647
political subdivision, public school district, and state	2648
institution employees under health care plans ~~containing best~~	2649
~~practices prescribed~~designed by the ~~school employees health care~~	2650
~~board~~department, a political subdivision's governing body, public	2651
school district's board of education, and a state institution's	2652
board of trustees or managing authority shall provide detailed	2653
information about the health care plans to the employees.	2654

~~(O)~~(K) Nothing in this section shall be construed as	2655
prohibiting political subdivisions, public school districts, or	2656
state institutions from consulting with and compensating insurance	2657
agents and brokers for professional services or from establishing	2658
a self-insurance program.	2659

~~(P)(1)~~(L) Pursuant to Chapter 117. of the Revised Code, the	2660
auditor of state shall conduct all necessary and required audits	2661
of the ~~board~~department. The auditor of state, upon request, also	2662
shall furnish to the ~~board~~department copies of audits of	2663
political subdivisions, public school districts, or consortia	2664
performed by the auditor of state.	2665

Sec. 101.532. The main operating appropriations bill shall	2666
not contain appropriations for the industrial commission~~, the~~	2667
~~workers' compensation council,~~ or the bureau of workers'	2668
compensation. Appropriations for the bureau ~~and the council~~ shall	2669
be enacted in one bill, and appropriations for the industrial	2670
commission shall be enacted in a separate bill.	2671

Sec. 101.711. (A) As used in this section:

2672

(1) "Legislative agent" has the meaning defined in section	2673
101.70 of the Revised Code.	2674

(2) "State agency" has the meaning defined in section 117.01	2675
of the Revised Code.	2676

(3) "State institution of higher education" means any state	2677
university or college as defined in division (A)(1) of section	2678
3345.12 of the Revised Code, community college established under	2679
Chapter 3354. of the Revised Code, state community college	2680
established under Chapter 3358. of the Revised Code, university	2681
branch established under Chapter 3355. of the Revised Code, or	2682
technical college established under Chapter 3357. of the Revised	2683
Code.	2684

(B) No state agency or state institution of higher education	2685
shall enter into a contract with a legislative agent, with a cost	2686
exceeding fifty thousand dollars in a calendar year, without the	2687
approval of the controlling board.	2688

This section does not apply to an employment contract	2689
pursuant to which an individual is employed directly by a state	2690
agency or state institution of higher education as a legislative	2691
agent.	2692

Sec. 101.82. As used in sections 101.82 to 101.87 of the	2693
Revised Code:	2694

(A) "Agency" means any board, commission, committee, or	2695
council, or any other similar state public body required to be	2696
established pursuant to state statutes for the exercise of any	2697
function of state government and to which members are appointed or	2698
elected. "Agency" does not include the following:	2699

(1) The general assembly, or any commission, committee, or	2700
other body composed entirely of members of the general assembly;	2701

(2) Any court;

2702

(3) Any public body created by or directly pursuant to the	2703
constitution of this state;	2704

(4) The board of trustees of any institution of higher	2705
education financially supported in whole or in part by the state;	2706

(5) Any public body that has the authority to issue bonds or	2707
notes or that has issued bonds or notes that have not been fully	2708
repaid;	2709

(6) The public utilities commission of Ohio;

2710

(7) The consumers' ~~council~~counsel governing board;

2711

(8) The Ohio board of regents;

2712

(9) Any state board or commission that has the authority to	2713
issue any final adjudicatory order that may be appealed to the	2714
court of common pleas under Chapter 119. of the Revised Code;	2715

(10) Any board of elections;

2716

(11) The board of directors of the Ohio insurance guaranty	2717
association and the board of governors of the Ohio fair plan	2718
underwriting association;	2719

(12) The Ohio public employees deferred compensation board;

2720

(13) The Ohio retirement study council;

2721

(14) The board of trustees of the Ohio police and fire	2722
pension fund, public employees retirement board, school employees	2723
retirement board, state highway patrol retirement board, and state	2724
teachers retirement board;	2725

(15) The industrial commission;

2726

(16) The parole board;

2727

(17) The board of tax appeals;

2728

(18) The controlling board;

2729

(19) The release authority of department of youth services;

2730

(20) The environmental review appeals commission;

2731

(21) The Ohio ethics commission;

2732

(22) The Ohio public works commission;

2733

(23) The self-insuring employers evaluation board;

2734

(24) The state board of deposit;

2735

(25) The state employment relations board;

2736

~~(26) The workers' compensation council~~.

2737

(B) "Abolish" means to repeal the statutes creating and	2738
empowering an agency, remove its personnel, and transfer its	2739
records to the department of administrative services pursuant to	2740
division (E) of section 149.331 of the Revised Code.	2741

(C) "Terminate" means to amend or repeal the statutes	2742
creating and empowering an agency, remove its personnel, and	2743
reassign its functions and records to another agency or officer	2744
designated by the general assembly.	2745

(D) "Transfer" means to amend the statutes creating and	2746
empowering an agency so that its functions, records, and personnel	2747
are conveyed to another agency or officer.	2748

(E) "Renew" means to continue an agency, and may include	2749
amendment of the statutes creating and empowering the agency, or	2750
recommendations for changes in agency operation or personnel.	2751

Sec. 102.02. (A) Except as otherwise provided in division	2752
(H) of this section, all of the following shall file with the	2753
appropriate ethics commission the disclosure statement described	2754
in this division on a form prescribed by the appropriate	2755
commission: every person who is elected to or is a candidate for a	2756
state, county, or city office and every person who is appointed to	2757
fill a vacancy for an unexpired term in such an elective office;	2758
all members of the state board of education; the director,	2759
assistant directors, deputy directors, division chiefs, or persons	2760
of equivalent rank of any administrative department of the state;	2761
the president or other chief administrative officer of every state	2762
institution of higher education as defined in section 3345.011 of	2763
the Revised Code; the executive director and the members of the	2764
capitol square review and advisory board appointed or employed	2765
pursuant to section 105.41 of the Revised Code; all members of the	2766
Ohio casino control commission, the executive director of the	2767
commission, all professional employees of the commission, and all	2768
technical employees of the commission who perform an internal	2769
audit function; the individuals set forth in division (B)(2) of	2770
section 187.03 of the Revised Code; the chief executive officer	2771
and the members of the board of each state retirement system; each	2772
employee of a state retirement board who is a state retirement	2773
system investment officer licensed pursuant to section 1707.163 of	2774
the Revised Code; the members of the Ohio retirement study council	2775
appointed pursuant to division (C) of section 171.01 of the	2776
Revised Code; employees of the Ohio retirement study council,	2777
other than employees who perform purely administrative or clerical	2778
functions; the administrator of workers' compensation and each	2779
member of the bureau of workers' compensation board of directors;	2780
the bureau of workers' compensation director of investments; the	2781
chief investment officer of the bureau of workers' compensation;	2782
~~the director appointed by the workers' compensation council;~~ all	2783
members of the board of commissioners on grievances and discipline	2784
of the supreme court and the ethics commission created under	2785
section 102.05 of the Revised Code; every business manager,	2786
treasurer, or superintendent of a city, local, exempted village,	2787
joint vocational, or cooperative education school district or an	2788
educational service center; every person who is elected to or is a	2789
candidate for the office of member of a board of education of a	2790
city, local, exempted village, joint vocational, or cooperative	2791
education school district or of a governing board of an	2792
educational service center that has a total student count of	2793
twelve thousand or more as most recently determined by the	2794
department of education pursuant to section 3317.03 of the Revised	2795
Code; every person who is appointed to the board of education of a	2796
municipal school district pursuant to division (B) or (F) of	2797
section 3311.71 of the Revised Code; all members of the board of	2798
directors of a sanitary district that is established under Chapter	2799
6115. of the Revised Code and organized wholly for the purpose of	2800
providing a water supply for domestic, municipal, and public use,	2801
and that includes two municipal corporations in two counties;	2802
every public official or employee who is paid a salary or wage in	2803
accordance with schedule C of section 124.15 or schedule E-2 of	2804
section 124.152 of the Revised Code; members of the board of	2805
trustees and the executive director of the southern Ohio	2806
agricultural and community development foundation; all members	2807
appointed to the Ohio livestock care standards board under section	2808
904.02 of the Revised Code; and every other public official or	2809
employee who is designated by the appropriate ethics commission	2810
pursuant to division (B) of this section.	2811

The disclosure statement shall include all of the following:

2812

(1) The name of the person filing the statement and each	2813
member of the person's immediate family and all names under which	2814
the person or members of the person's immediate family do	2815
business;	2816

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	2817
and except as otherwise provided in section 102.022 of the Revised	2818
Code, identification of every source of income, other than income	2819
from a legislative agent identified in division (A)(2)(b) of this	2820
section, received during the preceding calendar year, in the	2821
person's own name or by any other person for the person's use or	2822
benefit, by the person filing the statement, and a brief	2823
description of the nature of the services for which the income was	2824
received. If the person filing the statement is a member of the	2825
general assembly, the statement shall identify the amount of every	2826
source of income received in accordance with the following ranges	2827
of amounts: zero or more, but less than one thousand dollars; one	2828
thousand dollars or more, but less than ten thousand dollars; ten	2829
thousand dollars or more, but less than twenty-five thousand	2830
dollars; twenty-five thousand dollars or more, but less than fifty	2831
thousand dollars; fifty thousand dollars or more, but less than	2832
one hundred thousand dollars; and one hundred thousand dollars or	2833
more. Division (A)(2)(a) of this section shall not be construed to	2834
require a person filing the statement who derives income from a	2835
business or profession to disclose the individual items of income	2836
that constitute the gross income of that business or profession,	2837
except for those individual items of income that are attributable	2838
to the person's or, if the income is shared with the person, the	2839
partner's, solicitation of services or goods or performance,	2840
arrangement, or facilitation of services or provision of goods on	2841
behalf of the business or profession of clients, including	2842
corporate clients, who are legislative agents. A person who files	2843
the statement under this section shall disclose the identity of	2844
and the amount of income received from a person who the public	2845
official or employee knows or has reason to know is doing or	2846
seeking to do business of any kind with the public official's or	2847
employee's agency.	2848

(b) If the person filing the statement is a member of the	2849
general assembly, the statement shall identify every source of	2850
income and the amount of that income that was received from a	2851
legislative agent during the preceding calendar year, in the	2852
person's own name or by any other person for the person's use or	2853
benefit, by the person filing the statement, and a brief	2854
description of the nature of the services for which the income was	2855
received. Division (A)(2)(b) of this section requires the	2856
disclosure of clients of attorneys or persons licensed under	2857
section 4732.12 of the Revised Code, or patients of persons	2858
certified under section 4731.14 of the Revised Code, if those	2859
clients or patients are legislative agents. Division (A)(2)(b) of	2860
this section requires a person filing the statement who derives	2861
income from a business or profession to disclose those individual	2862
items of income that constitute the gross income of that business	2863
or profession that are received from legislative agents.	2864

(c) Except as otherwise provided in division (A)(2)(c) of	2865
this section, division (A)(2)(a) of this section applies to	2866
attorneys, physicians, and other persons who engage in the	2867
practice of a profession and who, pursuant to a section of the	2868
Revised Code, the common law of this state, a code of ethics	2869
applicable to the profession, or otherwise, generally are required	2870
not to reveal, disclose, or use confidences of clients, patients,	2871
or other recipients of professional services except under	2872
specified circumstances or generally are required to maintain	2873
those types of confidences as privileged communications except	2874
under specified circumstances. Division (A)(2)(a) of this section	2875
does not require an attorney, physician, or other professional	2876
subject to a confidentiality requirement as described in division	2877
(A)(2)(c) of this section to disclose the name, other identity, or	2878
address of a client, patient, or other recipient of professional	2879
services if the disclosure would threaten the client, patient, or	2880
other recipient of professional services, would reveal details of	2881
the subject matter for which legal, medical, or professional	2882
advice or other services were sought, or would reveal an otherwise	2883
privileged communication involving the client, patient, or other	2884
recipient of professional services. Division (A)(2)(a) of this	2885
section does not require an attorney, physician, or other	2886
professional subject to a confidentiality requirement as described	2887
in division (A)(2)(c) of this section to disclose in the brief	2888
description of the nature of services required by division	2889
(A)(2)(a) of this section any information pertaining to specific	2890
professional services rendered for a client, patient, or other	2891
recipient of professional services that would reveal details of	2892
the subject matter for which legal, medical, or professional	2893
advice was sought or would reveal an otherwise privileged	2894
communication involving the client, patient, or other recipient of	2895
professional services.	2896

(3) The name of every corporation on file with the secretary	2897
of state that is incorporated in this state or holds a certificate	2898
of compliance authorizing it to do business in this state, trust,	2899
business trust, partnership, or association that transacts	2900
business in this state in which the person filing the statement or	2901
any other person for the person's use and benefit had during the	2902
preceding calendar year an investment of over one thousand dollars	2903
at fair market value as of the thirty-first day of December of the	2904
preceding calendar year, or the date of disposition, whichever is	2905
earlier, or in which the person holds any office or has a	2906
fiduciary relationship, and a description of the nature of the	2907
investment, office, or relationship. Division (A)(3) of this	2908
section does not require disclosure of the name of any bank,	2909
savings and loan association, credit union, or building and loan	2910
association with which the person filing the statement has a	2911
deposit or a withdrawable share account.	2912

(4) All fee simple and leasehold interests to which the	2913
person filing the statement holds legal title to or a beneficial	2914
interest in real property located within the state, excluding the	2915
person's residence and property used primarily for personal	2916
recreation;	2917

(5) The names of all persons residing or transacting business	2918
in the state to whom the person filing the statement owes, in the	2919
person's own name or in the name of any other person, more than	2920
one thousand dollars. Division (A)(5) of this section shall not be	2921
construed to require the disclosure of debts owed by the person	2922
resulting from the ordinary conduct of a business or profession or	2923
debts on the person's residence or real property used primarily	2924
for personal recreation, except that the superintendent of	2925
financial institutions shall disclose the names of all	2926
state-chartered savings and loan associations and of all service	2927
corporations subject to regulation under division (E)(2) of	2928
section 1151.34 of the Revised Code to whom the superintendent in	2929
the superintendent's own name or in the name of any other person	2930
owes any money, and that the superintendent and any deputy	2931
superintendent of banks shall disclose the names of all	2932
state-chartered banks and all bank subsidiary corporations subject	2933
to regulation under section 1109.44 of the Revised Code to whom	2934
the superintendent or deputy superintendent owes any money.	2935

(6) The names of all persons residing or transacting business	2936
in the state, other than a depository excluded under division	2937
(A)(3) of this section, who owe more than one thousand dollars to	2938
the person filing the statement, either in the person's own name	2939
or to any person for the person's use or benefit. Division (A)(6)	2940
of this section shall not be construed to require the disclosure	2941
of clients of attorneys or persons licensed under section 4732.12	2942
or 4732.15 of the Revised Code, or patients of persons certified	2943
under section 4731.14 of the Revised Code, nor the disclosure of	2944
debts owed to the person resulting from the ordinary conduct of a	2945
business or profession.	2946

(7) Except as otherwise provided in section 102.022 of the	2947
Revised Code, the source of each gift of over seventy-five	2948
dollars, or of each gift of over twenty-five dollars received by a	2949
member of the general assembly from a legislative agent, received	2950
by the person in the person's own name or by any other person for	2951
the person's use or benefit during the preceding calendar year,	2952
except gifts received by will or by virtue of section 2105.06 of	2953
the Revised Code, or received from spouses, parents, grandparents,	2954
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	2955
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	2956
fathers-in-law, mothers-in-law, or any person to whom the person	2957
filing the statement stands in loco parentis, or received by way	2958
of distribution from any inter vivos or testamentary trust	2959
established by a spouse or by an ancestor;	2960

(8) Except as otherwise provided in section 102.022 of the	2961
Revised Code, identification of the source and amount of every	2962
payment of expenses incurred for travel to destinations inside or	2963
outside this state that is received by the person in the person's	2964
own name or by any other person for the person's use or benefit	2965
and that is incurred in connection with the person's official	2966
duties, except for expenses for travel to meetings or conventions	2967
of a national or state organization to which any state agency,	2968
including, but not limited to, any legislative agency or state	2969
institution of higher education as defined in section 3345.011 of	2970
the Revised Code, pays membership dues, or any political	2971
subdivision or any office or agency of a political subdivision	2972
pays membership dues;	2973

(9) Except as otherwise provided in section 102.022 of the	2974
Revised Code, identification of the source of payment of expenses	2975
for meals and other food and beverages, other than for meals and	2976
other food and beverages provided at a meeting at which the person	2977
participated in a panel, seminar, or speaking engagement or at a	2978
meeting or convention of a national or state organization to which	2979
any state agency, including, but not limited to, any legislative	2980
agency or state institution of higher education as defined in	2981
section 3345.011 of the Revised Code, pays membership dues, or any	2982
political subdivision or any office or agency of a political	2983
subdivision pays membership dues, that are incurred in connection	2984
with the person's official duties and that exceed one hundred	2985
dollars aggregated per calendar year;	2986

(10) If the disclosure statement is filed by a public	2987
official or employee described in division (B)(2) of section	2988
101.73 of the Revised Code or division (B)(2) of section 121.63 of	2989
the Revised Code who receives a statement from a legislative	2990
agent, executive agency lobbyist, or employer that contains the	2991
information described in division (F)(2) of section 101.73 of the	2992
Revised Code or division (G)(2) of section 121.63 of the Revised	2993
Code, all of the nondisputed information contained in the	2994
statement delivered to that public official or employee by the	2995
legislative agent, executive agency lobbyist, or employer under	2996
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	2997
the Revised Code.	2998

A person may file a statement required by this section in	2999
person or by mail. A person who is a candidate for elective office	3000
shall file the statement no later than the thirtieth day before	3001
the primary, special, or general election at which the candidacy	3002
is to be voted on, whichever election occurs soonest, except that	3003
a person who is a write-in candidate shall file the statement no	3004
later than the twentieth day before the earliest election at which	3005
the person's candidacy is to be voted on. A person who holds	3006
elective office shall file the statement on or before the	3007
fifteenth day of April of each year unless the person is a	3008
candidate for office. A person who is appointed to fill a vacancy	3009
for an unexpired term in an elective office shall file the	3010
statement within fifteen days after the person qualifies for	3011
office. Other persons shall file an annual statement on or before	3012
the fifteenth day of April or, if appointed or employed after that	3013
date, within ninety days after appointment or employment. No	3014
person shall be required to file with the appropriate ethics	3015
commission more than one statement or pay more than one filing fee	3016
for any one calendar year.	3017

The appropriate ethics commission, for good cause, may extend	3018
for a reasonable time the deadline for filing a statement under	3019
this section.	3020

A statement filed under this section is subject to public	3021
inspection at locations designated by the appropriate ethics	3022
commission except as otherwise provided in this section.	3023

(B) The Ohio ethics commission, the joint legislative ethics	3024
committee, and the board of commissioners on grievances and	3025
discipline of the supreme court, using the rule-making procedures	3026
of Chapter 119. of the Revised Code, may require any class of	3027
public officials or employees under its jurisdiction and not	3028
specifically excluded by this section whose positions involve a	3029
substantial and material exercise of administrative discretion in	3030
the formulation of public policy, expenditure of public funds,	3031
enforcement of laws and rules of the state or a county or city, or	3032
the execution of other public trusts, to file an annual statement	3033
on or before the fifteenth day of April under division (A) of this	3034
section. The appropriate ethics commission shall send the public	3035
officials or employees written notice of the requirement by the	3036
fifteenth day of February of each year the filing is required	3037
unless the public official or employee is appointed after that	3038
date, in which case the notice shall be sent within thirty days	3039
after appointment, and the filing shall be made not later than	3040
ninety days after appointment.	3041

Except for disclosure statements filed by members of the	3042
board of trustees and the executive director of the southern Ohio	3043
agricultural and community development foundation, disclosure	3044
statements filed under this division with the Ohio ethics	3045
commission by members of boards, commissions, or bureaus of the	3046
state for which no compensation is received other than reasonable	3047
and necessary expenses shall be kept confidential. Disclosure	3048
statements filed with the Ohio ethics commission under division	3049
(A) of this section by business managers, treasurers, and	3050
superintendents of city, local, exempted village, joint	3051
vocational, or cooperative education school districts or	3052
educational service centers shall be kept confidential, except	3053
that any person conducting an audit of any such school district or	3054
educational service center pursuant to section 115.56 or Chapter	3055
117. of the Revised Code may examine the disclosure statement of	3056
any business manager, treasurer, or superintendent of that school	3057
district or educational service center. Disclosure statements	3058
filed with the Ohio ethics commission under division (A) of this	3059
section by the individuals set forth in division (B)(2) of section	3060
187.03 of the Revised Code shall be kept confidential. The Ohio	3061
ethics commission shall examine each disclosure statement required	3062
to be kept confidential to determine whether a potential conflict	3063
of interest exists for the person who filed the disclosure	3064
statement. A potential conflict of interest exists if the private	3065
interests of the person, as indicated by the person's disclosure	3066
statement, might interfere with the public interests the person is	3067
required to serve in the exercise of the person's authority and	3068
duties in the person's office or position of employment. If the	3069
commission determines that a potential conflict of interest	3070
exists, it shall notify the person who filed the disclosure	3071
statement and shall make the portions of the disclosure statement	3072
that indicate a potential conflict of interest subject to public	3073
inspection in the same manner as is provided for other disclosure	3074
statements. Any portion of the disclosure statement that the	3075
commission determines does not indicate a potential conflict of	3076
interest shall be kept confidential by the commission and shall	3077
not be made subject to public inspection, except as is necessary	3078
for the enforcement of Chapters 102. and 2921. of the Revised Code	3079
and except as otherwise provided in this division.	3080

(C) No person shall knowingly fail to file, on or before the	3081
applicable filing deadline established under this section, a	3082
statement that is required by this section.	3083

(D) No person shall knowingly file a false statement that is	3084
required to be filed under this section.	3085

(E)(1) Except as provided in divisions (E)(2) and (3) of this	3086
section, the statement required by division (A) or (B) of this	3087
section shall be accompanied by a filing fee of forty dollars.	3088

(2) The statement required by division (A) of this section	3089
shall be accompanied by the following filing fee to be paid by the	3090
person who is elected or appointed to, or is a candidate for, any	3091
of the following offices:	3092

For state office, except member of the		3093
state board of education	$6595	3094
For office of member of general assembly	$40	3095
For county office	$4060	3096
For city office	$2535	3097
For office of member of the state board		3098
of education	$25	3099
For office of member of the Ohio		3100
livestock care standards board	$25.....	3101
For office of member of a city, local,		3102
exempted village, or cooperative		3103
education board of		3104
education or educational service		3105
center governing board	$2030	3106
For position of business manager,		3107
treasurer, or superintendent of a		3108
city, local, exempted village, joint		3109
vocational, or cooperative education		3110
school district or		3111
educational service center	$2030	3112

(3) No judge of a court of record or candidate for judge of a	3113
court of record, and no referee or magistrate serving a court of	3114
record, shall be required to pay the fee required under division	3115
(E)(1) or (2) or (F) of this section.	3116

(4) For any public official who is appointed to a nonelective	3117
office of the state and for any employee who holds a nonelective	3118
position in a public agency of the state, the state agency that is	3119
the primary employer of the state official or employee shall pay	3120
the fee required under division (E)(1) or (F) of this section.	3121

(F) If a statement required to be filed under this section is	3122
not filed by the date on which it is required to be filed, the	3123
appropriate ethics commission shall assess the person required to	3124
file the statement a late filing fee of ten dollars for each day	3125
the statement is not filed, except that the total amount of the	3126
late filing fee shall not exceed two hundred fifty dollars.	3127

(G)(1) The appropriate ethics commission other than the Ohio	3128
ethics commission and the joint legislative ethics committee shall	3129
deposit all fees it receives under divisions (E) and (F) of this	3130
section into the general revenue fund of the state.	3131

(2) The Ohio ethics commission shall deposit all receipts,	3132
including, but not limited to, fees it receives under divisions	3133
(E) and (F) of this section, investigative or other fees, costs,	3134
or other funds it receives as a result of court orders, and all	3135
moneys it receives from settlements under division (G) of section	3136
102.06 of the Revised Code, into the Ohio ethics commission fund,	3137
which is hereby created in the state treasury. All moneys credited	3138
to the fund shall be used solely for expenses related to the	3139
operation and statutory functions of the commission.	3140

(3) The joint legislative ethics committee shall deposit all	3141
receipts it receives from the payment of financial disclosure	3142
statement filing fees under divisions (E) and (F) of this section	3143
into the joint legislative ethics committee investigative fund.	3144

(H) Division (A) of this section does not apply to a person	3145
elected or appointed to the office of precinct, ward, or district	3146
committee member under Chapter 3517. of the Revised Code; a	3147
presidential elector; a delegate to a national convention; village	3148
or township officials and employees; any physician or psychiatrist	3149
who is paid a salary or wage in accordance with schedule C of	3150
section 124.15 or schedule E-2 of section 124.152 of the Revised	3151
Code and whose primary duties do not require the exercise of	3152
administrative discretion; or any member of a board, commission,	3153
or bureau of any county or city who receives less than one	3154
thousand dollars per year for serving in that position.	3155

Sec. 105.41. (A) There is hereby created in the legislative	3156
branch of government the capitol square review and advisory board,	3157
consisting of thirteen members as follows:	3158

(1) Two members of the senate, appointed by the president of	3159
the senate, both of whom shall not be members of the same	3160
political party;	3161

(2) Two members of the house of representatives, appointed by	3162
the speaker of the house of representatives, both of whom shall	3163
not be members of the same political party;	3164

(3) Five members appointed by the governor, with the advice	3165
and consent of the senate, not more than three of whom shall be	3166
members of the same political party, one of whom shall be the	3167
chief of staff of the governor's office, one of whom shall	3168
represent the Ohio arts council, one of whom shall represent the	3169
Ohio historical society, one of whom shall represent the Ohio	3170
building authority, and one of whom shall represent the public at	3171
large;	3172

(4) One member, who shall be a former president of the	3173
senate, appointed by the current president of the senate. If the	3174
current president of the senate, in the current president's	3175
discretion, decides for any reason not to make the appointment or	3176
if no person is eligible or available to serve, the seat shall	3177
remain vacant.	3178

(5) One member, who shall be a former speaker of the house of	3179
representatives, appointed by the current speaker of the house of	3180
representatives. If the current speaker of the house of	3181
representatives, in the current speaker's discretion, decides for	3182
any reason not to make the appointment or if no person is eligible	3183
or available to serve, the seat shall remain vacant.	3184

(6) The clerk of the senate and the clerk of the house of	3185
representatives.	3186

(B) Terms of office of each appointed member of the board	3187
shall be for three years, except that members of the general	3188
assembly appointed to the board shall be members of the board only	3189
so long as they are members of the general assembly and the chief	3190
of staff of the governor's office shall be a member of the board	3191
only so long as the appointing governor remains in office. Each	3192
member shall hold office from the date of the member's appointment	3193
until the end of the term for which the member was appointed. In	3194
case of a vacancy occurring on the board, the president of the	3195
senate, the speaker of the house of representatives, or the	3196
governor, as the case may be, shall in the same manner prescribed	3197
for the regular appointment to the commission, fill the vacancy by	3198
appointing a member. Any member appointed to fill a vacancy	3199
occurring prior to the expiration of the term for which the	3200
member's predecessor was appointed shall hold office for the	3201
remainder of the term. Any appointed member shall continue in	3202
office subsequent to the expiration date of the member's term	3203
until the member's successor takes office, or until a period of	3204
sixty days has elapsed, whichever occurs first.	3205

(C) The board shall hold meetings in a manner and at times	3206
prescribed by the rules adopted by the board. A majority of the	3207
board constitutes a quorum, and no action shall be taken by the	3208
board unless approved by at least six members or by at least seven	3209
members if a person is appointed under division (A)(4) or (5) of	3210
this section. At its first meeting, the board shall adopt rules	3211
for the conduct of its business and the election of its officers,	3212
and shall organize by selecting a chairperson and other officers	3213
as it considers necessary. Board members shall serve without	3214
compensation but shall be reimbursed for actual and necessary	3215
expenses incurred in the performance of their duties.	3216

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

3217

(1) Employ or hire on a consulting basis professional,	3218
technical, and clerical employees as are necessary for the	3219
performance of its duties;. All employees of the board are in the	3220
unclassified service and serve at the pleasure of the board. For	3221
purposes of section 4117.01 of the Revised Code, employees of the	3222
board shall be considered employees of the general assembly,	3223
except that employees who are covered by a collective bargaining	3224
agreement on the effective date of this amendment shall remain	3225
subject to the agreement until the agreement expires on its terms,	3226
and the agreement shall not be extended or renewed. Upon	3227
expiration of the agreement, the employees are considered	3228
employees of the general assembly for purposes of section 4117.01	3229
of the Revised Code and are in the unclassified service and serve	3230
at the pleasure of the board.	3231

(2) Hold public hearings at times and places as determined by	3232
the board;	3233

(3) Adopt, amend, or rescind rules necessary to accomplish	3234
the duties of the board as set forth in this section;	3235

(4) Sponsor, conduct, and support such social events as the	3236
board may authorize and consider appropriate for the employees of	3237
the board, employees and members of the general assembly,	3238
employees of persons under contract with the board or otherwise	3239
engaged to perform services on the premises of capitol square, or	3240
other persons as the board may consider appropriate. Subject to	3241
the requirements of Chapter 4303. of the Revised Code, the board	3242
may provide beer, wine, and intoxicating liquor, with or without	3243
charge, for those events and may use funds only from the sale of	3244
goods and services fund to purchase the beer, wine, and	3245
intoxicating liquor the board provides;	3246

(5) Purchase a warehouse in which to store items of the	3247
capitol collection trust and, whenever necessary, equipment or	3248
other property of the board.	3249

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

3250

(1) Have sole authority to coordinate and approve any	3251
improvements, additions, and renovations that are made to the	3252
capitol square. The improvements shall include, but not be limited	3253
to, the placement of monuments and sculpture on the capitol	3254
grounds.	3255

(2) Subject to section 3353.07 of the Revised Code, operate	3256
the capitol square, and have sole authority to regulate all uses	3257
of the capitol square. The uses shall include, but not be limited	3258
to, the casual and recreational use of the capitol square.	3259

(3) Employ, fix the compensation of, and prescribe the duties	3260
of the executive director of the board and other employees the	3261
board considers necessary for the performance of its powers and	3262
duties;	3263

(4) Establish and maintain the capitol collection trust. The	3264
capitol collection trust shall consist of furniture, antiques, and	3265
other items of personal property that the board shall store in	3266
suitable facilities until they are ready to be displayed in the	3267
capitol square.	3268

(5) Perform repair, construction, contracting, purchasing,	3269
maintenance, supervisory, and operating activities the board	3270
determines are necessary for the operation and maintenance of the	3271
capitol square;	3272

(6) Maintain and preserve the capitol square, in accordance	3273
with guidelines issued by the United States secretary of the	3274
interior for application of the secretary's standards for	3275
rehabilitation adopted in 36 C.F.R. part 67;	3276

(7) Plan and develop a center at the capitol building for the	3277
purpose of educating visitors about the history of Ohio, including	3278
its political, economic, and social development and the design and	3279
erection of the capitol building and its grounds.	3280

(F)(1) The board shall lease capital facilities improved or	3281
financed by the Ohio building authority pursuant to Chapter 152.	3282
of the Revised Code for the use of the board, and may enter into	3283
any other agreements with the authority ancillary to improvement,	3284
financing, or leasing of those capital facilities, including, but	3285
not limited to, any agreement required by the applicable bond	3286
proceedings authorized by Chapter 152. of the Revised Code. Any	3287
lease of capital facilities authorized by this section shall be	3288
governed by division (D) of section 152.24 of the Revised Code.	3289

(2) Fees, receipts, and revenues received by the board from	3290
the state underground parking garage constitute available receipts	3291
as defined in section 152.09 of the Revised Code, and may be	3292
pledged to the payment of bond service charges on obligations	3293
issued by the Ohio building authority pursuant to Chapter 152. of	3294
the Revised Code to improve, finance, or purchase capital	3295
facilities useful to the board. The authority may, with the	3296
consent of the board, provide in the bond proceedings for a pledge	3297
of all or a portion of those fees, receipts, and revenues as the	3298
authority determines. The authority may provide in the bond	3299
proceedings or by separate agreement with the board for the	3300
transfer of those fees, receipts, and revenues to the appropriate	3301
bond service fund or bond service reserve fund as required to pay	3302
the bond service charges when due, and any such provision for the	3303
transfer of those fees, receipts, and revenues shall be	3304
controlling notwithstanding any other provision of law pertaining	3305
to those fees, receipts, and revenues.	3306

(3) All moneys received by the treasurer of state on account	3307
of the board and required by the applicable bond proceedings or by	3308
separate agreement with the board to be deposited, transferred, or	3309
credited to the bond service fund or bond service reserve fund	3310
established by the bond proceedings shall be transferred by the	3311
treasurer of state to such fund, whether or not it is in the	3312
custody of the treasurer of state, without necessity for further	3313
appropriation, upon receipt of notice from the Ohio building	3314
authority as prescribed in the bond proceedings.	3315

(G) All fees, receipts, and revenues received by the board	3316
from the state underground parking garage shall be deposited into	3317
the state treasury to the credit of the underground parking garage	3318
operating fund, which is hereby created, to be used for the	3319
purposes specified in division (F) of this section and for the	3320
operation and maintenance of the garage. All investment earnings	3321
of the fund shall be credited to the fund.	3322

(H) All donations received by the board shall be deposited	3323
into the state treasury to the credit of the capitol square	3324
renovation gift fund, which is hereby created. The fund shall be	3325
used by the board as follows:	3326

(1) To provide part or all of the funding related to	3327
construction, goods, or services for the renovation of the capitol	3328
square;	3329

(2) To purchase art, antiques, and artifacts for display at	3330
the capitol square;	3331

(3) To award contracts or make grants to organizations for	3332
educating the public regarding the historical background and	3333
governmental functions of the capitol square. Chapters 125., 127.,	3334
and 153. and section 3517.13 of the Revised Code do not apply to	3335
purchases made exclusively from the fund, notwithstanding anything	3336
to the contrary in those chapters or that section. All investment	3337
earnings of the fund shall be credited to the fund.	3338

(I) Except as provided in divisions (G), (H), and (J) of this	3339
section, all fees, receipts, and revenues received by the board	3340
shall be deposited into the state treasury to the credit of the	3341
sale of goods and services fund, which is hereby created. Money	3342
credited to the fund shall be used solely to pay costs of the	3343
board other than those specified in divisions (F) and (G) of this	3344
section. All investment earnings of the fund shall be credited to	3345
the fund.	3346

(J) There is hereby created in the state treasury the capitol	3347
square improvement fund, to be used by the board to pay	3348
construction, renovation, and other costs related to the capitol	3349
square for which money is not otherwise available to the board.	3350
Whenever the board determines that there is a need to incur those	3351
costs and that the unencumbered, unobligated balance to the credit	3352
of the underground parking garage operating fund exceeds the	3353
amount needed for the purposes specified in division (F) of this	3354
section and for the operation and maintenance of the garage, the	3355
board may request the director of budget and management to	3356
transfer from the underground parking garage operating fund to the	3357
capitol square improvement fund the amount needed to pay such	3358
construction, renovation, or other costs. The director then shall	3359
transfer the amount needed from the excess balance of the	3360
underground parking garage operating fund.	3361

(K) As the operation and maintenance of the capitol square	3362
constitute essential government functions of a public purpose, the	3363
board shall not be required to pay taxes or assessments upon the	3364
square, upon any property acquired or used by the board under this	3365
section, or upon any income generated by the operation of the	3366
square.	3367

(L) As used in this section, "capitol square" means the	3368
capitol building, senate building, capitol atrium, capitol	3369
grounds, the state underground parking garage, and the warehouse	3370
owned by the board.	3371

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

3372

Sec. 107.09. Immediately after the determination of each	3373
decennial apportionment for members of the general assembly the	3374
governor shall cause such apportionment to be published for four	3375
consecutive weeks, or as provided in section 7.16 of the Revised	3376
Code, in three newspapers, one in Cincinnati, one in Cleveland,	3377
and one in Columbus.	3378

Sec. 109.36. As used in this section and sections 109.361 to	3379
109.366 of the Revised Code:	3380

(A)(1) "Officer or employee" means any of the following:

3381

(a) A person who, at the time a cause of action against the	3382
person arises, is serving in an elected or appointed office or	3383
position with the state or is employed by the state.	3384

(b) A person that, at the time a cause of action against the	3385
person, partnership, or corporation arises, is rendering medical,	3386
nursing, dental, podiatric, optometric, physical therapeutic,	3387
psychiatric, or psychological services pursuant to a personal	3388
services contract or purchased service contract with a department,	3389
agency, or institution of the state.	3390

(c) A person that, at the time a cause of action against the	3391
person, partnership, or corporation arises, is rendering peer	3392
review, utilization review, or drug utilization review services in	3393
relation to medical, nursing, dental, podiatric, optometric,	3394
physical therapeutic, psychiatric, or psychological services	3395
pursuant to a personal services contract or purchased service	3396
contract with a department, agency, or institution of the state.	3397

(d) A person who, at the time a cause of action against the	3398
person arises, is rendering medical, nursing, dental, podiatric,	3399
optometric, physical therapeutic, psychiatric, or psychological	3400
services to patients in a state institution operated by the	3401
department of mental health~~, is a member of the institution's~~	3402
~~staff, and is performing the services~~ pursuant to an agreement	3403
~~between the state institution and a board of alcohol, drug~~	3404
~~addiction, and mental health services described in section 340.021~~	3405
~~of the Revised Code~~with the department.	3406

(2) "Officer or employee" does not include any person	3407
elected, appointed, or employed by any political subdivision of	3408
the state.	3409

(B) "State" means the state of Ohio, including but not	3410
limited to, the general assembly, the supreme court, courts of	3411
appeals, the offices of all elected state officers, and all	3412
departments, boards, offices, commissions, agencies, institutions,	3413
and other instrumentalities of the state of Ohio. "State" does not	3414
include political subdivisions.	3415

(C) "Political subdivisions" of the state means municipal	3416
corporations, townships, counties, school districts, and all other	3417
bodies corporate and politic responsible for governmental	3418
activities only in geographical areas smaller than that of the	3419
state.	3420

(D) "Employer" means the general assembly, the supreme court,	3421
courts of appeals, any office of an elected state officer, or any	3422
department, board, office, commission, agency, institution, or	3423
other instrumentality of the state of Ohio that employs or	3424
contracts with an officer or employee or to which an officer or	3425
employee is elected or appointed.	3426

Sec. 109.43. (A) As used in this section:

3427

(1) "Designee" means a designee of the elected official in	3428
the public office if that elected official is the only elected	3429
official in the public office involved or a designee of all of the	3430
elected officials in the public office if the public office	3431
involved includes more than one elected official.	3432

(2) "Elected official" means an official elected to a local	3433
or statewide office. "Elected official" does not include the chief	3434
justice or a justice of the supreme court, a judge of a court of	3435
appeals, court of common pleas, municipal court, or county court,	3436
or a clerk of any of those courts.	3437

(3) "Public office" has the same meaning as in section	3438
149.011 of the Revised Code.	3439

(4) "Public record" has the same meaning as in section 149.43	3440
of the Revised Code.	3441

(B) The attorney general shall develop, provide, and certify	3442
training programs and seminars for all elected officials or their	3443
appropriate designees in order to enhance the officials' knowledge	3444
of the duty to provide access to public records as required by	3445
section 149.43 of the Revised Code. The training shall be three	3446
hours for every term of office for which the elected official was	3447
appointed or elected to the public office involved. The training	3448
shall provide elected officials or their appropriate designees	3449
with guidance in developing and updating their offices' policies	3450
as required under section 149.43 of the Revised Code. The	3451
successful completion by an elected official or by an elected	3452
official's appropriate designee of the training requirements	3453
established by the attorney general under this section shall	3454
satisfy the education requirements imposed on elected officials or	3455
their appropriate designees under division (E) of section 149.43	3456
of the Revised Code. Prior to providing the training programs and	3457
seminars under this section to satisfy the education requirements	3458
imposed on elected officials or their appropriate designees under	3459
division (E) of section 149.43 of the Revised Code, the attorney	3460
general shall ensure that the training programs and seminars are	3461
accredited by the commission on continuing legal education	3462
established by the supreme court.	3463

(C) The attorney general shall not charge any elected	3464
official or the appropriate designee of any elected official any	3465
fee for attending the training programs and seminars that the	3466
attorney general conducts under this section. The attorney general	3467
may allow the attendance of any other interested persons at any of	3468
the training programs or seminars that the attorney general	3469
conducts under this section and shall not charge the person any	3470
fee for attending the training program or seminar.	3471

(D) In addition to developing, providing, and certifying	3472
training programs and seminars as required under division (B) of	3473
this section, the attorney general may contract with one or more	3474
other state agencies, political subdivisions, or other public or	3475
private entities to conduct the training programs and seminars for	3476
elected officials or their appropriate designees under this	3477
section. The contract may provide for the attendance of any other	3478
interested persons at any of the training programs or seminars	3479
conducted by the contracting state agency, political subdivision,	3480
or other public or private entity. The contracting state agency,	3481
political subdivision, or other public or private entity may	3482
charge an elected official, an elected official's appropriate	3483
designee, or an interested person a registration fee for attending	3484
the training program or seminar conducted by that contracting	3485
agency, political subdivision, or entity pursuant to a contract	3486
entered into under this division. The attorney general shall	3487
determine a reasonable amount for the registration fee based on	3488
the actual and necessary expenses associated with the training	3489
programs and seminars. If the contracting state agency, political	3490
subdivision, or other public or private entity charges an elected	3491
official or an elected official's appropriate designee a	3492
registration fee for attending the training program or seminar	3493
conducted pursuant to a contract entered into under this division	3494
by that contracting agency, political subdivision, or entity, the	3495
public office for which the elected official was appointed or	3496
elected to represent may use the public office's own funds to pay	3497
for the cost of the registration fee.	3498

(E) The attorney general shall develop and provide to all	3499
public offices a model public records policy for responding to	3500
public records requests in compliance with section 149.43 of the	3501
Revised Code in order to provide guidance to public offices in	3502
developing their own public record policies for responding to	3503
public records requests in compliance with that section.	3504

(F) The attorney general may provide any other appropriate	3505
training or educational programs about Ohio's "Sunshine Laws,"	3506
sections 121.22, 149.38, 149.381, and 149.43 of the Revised Code,	3507
as may be developed and offered by the attorney general or by the	3508
attorney general in collaboration with one or more other state	3509
agencies, political subdivisions, or other public or private	3510
entities.	3511

(G) The auditor of state, in the course of an annual or	3512
biennial audit of a public office pursuant to Chapter 117. of the	3513
Revised Code, shall audit the public office for compliance with	3514
this section and division (E) of section 149.43 of the Revised	3515
Code.	3516

Sec. 109.57. (A)(1) The superintendent of the bureau of	3517
criminal identification and investigation shall procure from	3518
wherever procurable and file for record photographs, pictures,	3519
descriptions, fingerprints, measurements, and other information	3520
that may be pertinent of all persons who have been convicted of	3521
committing within this state a felony, any crime constituting a	3522
misdemeanor on the first offense and a felony on subsequent	3523
offenses, or any misdemeanor described in division (A)(1)(a),	3524
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	3525
of all children under eighteen years of age who have been	3526
adjudicated delinquent children for committing within this state	3527
an act that would be a felony or an offense of violence if	3528
committed by an adult or who have been convicted of or pleaded	3529
guilty to committing within this state a felony or an offense of	3530
violence, and of all well-known and habitual criminals. The person	3531
in charge of any county, multicounty, municipal, municipal-county,	3532
or multicounty-municipal jail or workhouse, community-based	3533
correctional facility, halfway house, alternative residential	3534
facility, or state correctional institution and the person in	3535
charge of any state institution having custody of a person	3536
suspected of having committed a felony, any crime constituting a	3537
misdemeanor on the first offense and a felony on subsequent	3538
offenses, or any misdemeanor described in division (A)(1)(a),	3539
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or	3540
having custody of a child under eighteen years of age with respect	3541
to whom there is probable cause to believe that the child may have	3542
committed an act that would be a felony or an offense of violence	3543
if committed by an adult shall furnish such material to the	3544
superintendent of the bureau. Fingerprints, photographs, or other	3545
descriptive information of a child who is under eighteen years of	3546
age, has not been arrested or otherwise taken into custody for	3547
committing an act that would be a felony or an offense of violence	3548
who is not in any other category of child specified in this	3549
division, if committed by an adult, has not been adjudicated a	3550
delinquent child for committing an act that would be a felony or	3551
an offense of violence if committed by an adult, has not been	3552
convicted of or pleaded guilty to committing a felony or an	3553
offense of violence, and is not a child with respect to whom there	3554
is probable cause to believe that the child may have committed an	3555
act that would be a felony or an offense of violence if committed	3556
by an adult shall not be procured by the superintendent or	3557
furnished by any person in charge of any county, multicounty,	3558
municipal, municipal-county, or multicounty-municipal jail or	3559
workhouse, community-based correctional facility, halfway house,	3560
alternative residential facility, or state correctional	3561
institution, except as authorized in section 2151.313 of the	3562
Revised Code.	3563

(2) Every clerk of a court of record in this state, other	3564
than the supreme court or a court of appeals, shall send to the	3565
superintendent of the bureau a weekly report containing a summary	3566
of each case involving a felony, involving any crime constituting	3567
a misdemeanor on the first offense and a felony on subsequent	3568
offenses, involving a misdemeanor described in division (A)(1)(a),	3569
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	3570
or involving an adjudication in a case in which a child under	3571
eighteen years of age was alleged to be a delinquent child for	3572
committing an act that would be a felony or an offense of violence	3573
if committed by an adult. The clerk of the court of common pleas	3574
shall include in the report and summary the clerk sends under this	3575
division all information described in divisions (A)(2)(a) to (f)	3576
of this section regarding a case before the court of appeals that	3577
is served by that clerk. The summary shall be written on the	3578
standard forms furnished by the superintendent pursuant to	3579
division (B) of this section and shall include the following	3580
information:	3581

(a) The incident tracking number contained on the standard	3582
forms furnished by the superintendent pursuant to division (B) of	3583
this section;	3584

(b) The style and number of the case;

3585

3586

(d) The date that the person was convicted of or pleaded	3587
guilty to the offense, adjudicated a delinquent child for	3588
committing the act that would be a felony or an offense of	3589
violence if committed by an adult, found not guilty of the	3590
offense, or found not to be a delinquent child for committing an	3591
act that would be a felony or an offense of violence if committed	3592
by an adult, the date of an entry dismissing the charge, an entry	3593
declaring a mistrial of the offense in which the person is	3594
discharged, an entry finding that the person or child is not	3595
competent to stand trial, or an entry of a nolle prosequi, or the	3596
date of any other determination that constitutes final resolution	3597
of the case;	3598

(e) A statement of the original charge with the section of	3599
the Revised Code that was alleged to be violated;	3600

(f) If the person or child was convicted, pleaded guilty, or	3601
was adjudicated a delinquent child, the sentence or terms of	3602
probation imposed or any other disposition of the offender or the	3603
delinquent child.	3604

If the offense involved the disarming of a law enforcement	3605
officer or an attempt to disarm a law enforcement officer, the	3606
clerk shall clearly state that fact in the summary, and the	3607
superintendent shall ensure that a clear statement of that fact is	3608
placed in the bureau's records.	3609

(3) The superintendent shall cooperate with and assist	3610
sheriffs, chiefs of police, and other law enforcement officers in	3611
the establishment of a complete system of criminal identification	3612
and in obtaining fingerprints and other means of identification of	3613
all persons arrested on a charge of a felony, any crime	3614
constituting a misdemeanor on the first offense and a felony on	3615
subsequent offenses, or a misdemeanor described in division	3616
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	3617
Revised Code and of all children under eighteen years of age	3618
arrested or otherwise taken into custody for committing an act	3619
that would be a felony or an offense of violence if committed by	3620
an adult. The superintendent also shall file for record the	3621
fingerprint impressions of all persons confined in a county,	3622
multicounty, municipal, municipal-county, or multicounty-municipal	3623
jail or workhouse, community-based correctional facility, halfway	3624
house, alternative residential facility, or state correctional	3625
institution for the violation of state laws and of all children	3626
under eighteen years of age who are confined in a county,	3627
multicounty, municipal, municipal-county, or multicounty-municipal	3628
jail or workhouse, community-based correctional facility, halfway	3629
house, alternative residential facility, or state correctional	3630
institution or in any facility for delinquent children for	3631
committing an act that would be a felony or an offense of violence	3632
if committed by an adult, and any other information that the	3633
superintendent may receive from law enforcement officials of the	3634
state and its political subdivisions.	3635

(4) The superintendent shall carry out Chapter 2950. of the	3636
Revised Code with respect to the registration of persons who are	3637
convicted of or plead guilty to a sexually oriented offense or a	3638
child-victim oriented offense and with respect to all other duties	3639
imposed on the bureau under that chapter.	3640

(5) The bureau shall perform centralized recordkeeping	3641
functions for criminal history records and services in this state	3642
for purposes of the national crime prevention and privacy compact	3643
set forth in section 109.571 of the Revised Code and is the	3644
criminal history record repository as defined in that section for	3645
purposes of that compact. The superintendent or the	3646
superintendent's designee is the compact officer for purposes of	3647
that compact and shall carry out the responsibilities of the	3648
compact officer specified in that compact.	3649

(B) The superintendent shall prepare and furnish to every	3650
county, multicounty, municipal, municipal-county, or	3651
multicounty-municipal jail or workhouse, community-based	3652
correctional facility, halfway house, alternative residential	3653
facility, or state correctional institution and to every clerk of	3654
a court in this state specified in division (A)(2) of this section	3655
standard forms for reporting the information required under	3656
division (A) of this section. The standard forms that the	3657
superintendent prepares pursuant to this division may be in a	3658
tangible format, in an electronic format, or in both tangible	3659
formats and electronic formats.	3660

(C)(1) The superintendent may operate a center for	3661
electronic, automated, or other data processing for the storage	3662
and retrieval of information, data, and statistics pertaining to	3663
criminals and to children under eighteen years of age who are	3664
adjudicated delinquent children for committing an act that would	3665
be a felony or an offense of violence if committed by an adult,	3666
criminal activity, crime prevention, law enforcement, and criminal	3667
justice, and may establish and operate a statewide communications	3668
network to be known as the Ohio law enforcement gateway to gather	3669
and disseminate information, data, and statistics for the use of	3670
law enforcement agencies and for other uses specified in this	3671
division. The superintendent may gather, store, retrieve, and	3672
disseminate information, data, and statistics that pertain to	3673
children who are under eighteen years of age and that are gathered	3674
pursuant to sections 109.57 to 109.61 of the Revised Code together	3675
with information, data, and statistics that pertain to adults and	3676
that are gathered pursuant to those sections.	3677

(2) The superintendent or the superintendent's designee shall	3678
gather information of the nature described in division (C)(1) of	3679
this section that pertains to the offense and delinquency history	3680
of a person who has been convicted of, pleaded guilty to, or been	3681
adjudicated a delinquent child for committing a sexually oriented	3682
offense or a child-victim oriented offense for inclusion in the	3683
state registry of sex offenders and child-victim offenders	3684
maintained pursuant to division (A)(1) of section 2950.13 of the	3685
Revised Code and in the internet database operated pursuant to	3686
division (A)(13) of that section and for possible inclusion in the	3687
internet database operated pursuant to division (A)(11) of that	3688
section.	3689

(3) In addition to any other authorized use of information,	3690
data, and statistics of the nature described in division (C)(1) of	3691
this section, the superintendent or the superintendent's designee	3692
may provide and exchange the information, data, and statistics	3693
pursuant to the national crime prevention and privacy compact as	3694
described in division (A)(5) of this section.	3695

(4) The attorney general may adopt rules under Chapter 119.	3696
of the Revised Code establishing guidelines for the operation of	3697
and participation in the Ohio law enforcement gateway. The rules	3698
may include criteria for granting and restricting access to	3699
information gathered and disseminated through the Ohio law	3700
enforcement gateway. The attorney general shall permit the state	3701
medical board and board of nursing to access and view, but not	3702
alter, information gathered and disseminated through the Ohio law	3703
enforcement gateway.	3704

The attorney general may appoint a steering committee to	3705
advise the attorney general in the operation of the Ohio law	3706
enforcement gateway that is comprised of persons who are	3707
representatives of the criminal justice agencies in this state	3708
that use the Ohio law enforcement gateway and is chaired by the	3709
superintendent or the superintendent's designee.	3710

(D)(1) The following are not public records under section	3711
149.43 of the Revised Code:	3712

(a) Information and materials furnished to the superintendent	3713
pursuant to division (A) of this section;	3714

(b) Information, data, and statistics gathered or	3715
disseminated through the Ohio law enforcement gateway pursuant to	3716
division (C)(1) of this section;	3717

(c) Information and materials furnished to any board or	3718
person under division (F) or (G) of this section.	3719

(2) The superintendent or the superintendent's designee shall	3720
gather and retain information so furnished under division (A) of	3721
this section that pertains to the offense and delinquency history	3722
of a person who has been convicted of, pleaded guilty to, or been	3723
adjudicated a delinquent child for committing a sexually oriented	3724
offense or a child-victim oriented offense for the purposes	3725
described in division (C)(2) of this section.	3726

(E) The attorney general shall adopt rules, in accordance	3727
with Chapter 119. of the Revised Code, setting forth the procedure	3728
by which a person may receive or release information gathered by	3729
the superintendent pursuant to division (A) of this section. A	3730
reasonable fee may be charged for this service. If a temporary	3731
employment service submits a request for a determination of	3732
whether a person the service plans to refer to an employment	3733
position has been convicted of or pleaded guilty to an offense	3734
listed in division (A)(1), (3), (4), (5), or (6) of section	3735
109.572 of the Revised Code, the request shall be treated as a	3736
single request and only one fee shall be charged.	3737

(F)(1) As used in division (F)(2) of this section, "head	3738
start agency" means an entity in this state that has been approved	3739
to be an agency for purposes of subchapter II of the "Community	3740
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	3741
as amended.	3742

(2)(a) In addition to or in conjunction with any request that	3743
is required to be made under section 109.572, 2151.86, 3301.32,	3744
3301.541, division (C) of section 3310.58, or section 3319.39,	3745
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081,	3746
5126.28, 5126.281, or 5153.111 of the Revised Code or that is made	3747
under section 3314.41, 3319.392, or 3326.25, or 3328.20 of the	3748
Revised Code, the board of education of any school district; the	3749
director of developmental disabilities; any county board of	3750
developmental disabilities; any entity under contract with a	3751
county board of developmental disabilities; the chief	3752
administrator of any chartered nonpublic school; the chief	3753
administrator of a registered private provider that is not also a	3754
chartered nonpublic school; the chief administrator of any home	3755
health agency; the chief administrator of or person operating any	3756
child day-care center, type A family day-care home, or type B	3757
family day-care home licensed or certified under Chapter 5104. of	3758
the Revised Code; the administrator of any type C family day-care	3759
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	3760
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	3761
general assembly; the chief administrator of any head start	3762
agency; the executive director of a public children services	3763
agency; a private company described in section 3314.41, 3319.392,	3764
or 3326.25, or 3328.20 of the Revised Code; or an employer	3765
described in division (J)(2) of section 3327.10 of the Revised	3766
Code may request that the superintendent of the bureau investigate	3767
and determine, with respect to any individual who has applied for	3768
employment in any position after October 2, 1989, or any	3769
individual wishing to apply for employment with a board of	3770
education may request, with regard to the individual, whether the	3771
bureau has any information gathered under division (A) of this	3772
section that pertains to that individual. On receipt of the	3773
request, the superintendent shall determine whether that	3774
information exists and, upon request of the person, board, or	3775
entity requesting information, also shall request from the federal	3776
bureau of investigation any criminal records it has pertaining to	3777
that individual. The superintendent or the superintendent's	3778
designee also may request criminal history records from other	3779
states or the federal government pursuant to the national crime	3780
prevention and privacy compact set forth in section 109.571 of the	3781
Revised Code. Within thirty days of the date that the	3782
superintendent receives a request, the superintendent shall send	3783
to the board, entity, or person a report of any information that	3784
the superintendent determines exists, including information	3785
contained in records that have been sealed under section 2953.32	3786
of the Revised Code, and, within thirty days of its receipt, shall	3787
send the board, entity, or person a report of any information	3788
received from the federal bureau of investigation, other than	3789
information the dissemination of which is prohibited by federal	3790
law.	3791

(b) When a board of education or a registered private	3792
provider is required to receive information under this section as	3793
a prerequisite to employment of an individual pursuant to division	3794
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	3795
may accept a certified copy of records that were issued by the	3796
bureau of criminal identification and investigation and that are	3797
presented by an individual applying for employment with the	3798
district in lieu of requesting that information itself. In such a	3799
case, the board shall accept the certified copy issued by the	3800
bureau in order to make a photocopy of it for that individual's	3801
employment application documents and shall return the certified	3802
copy to the individual. In a case of that nature, a district or	3803
provider only shall accept a certified copy of records of that	3804
nature within one year after the date of their issuance by the	3805
bureau.	3806

(c) Notwithstanding division (F)(2)(a) of this section, in	3807
the case of a request under section 3319.39, 3319.391, or 3327.10	3808
of the Revised Code only for criminal records maintained by the	3809
federal bureau of investigation, the superintendent shall not	3810
determine whether any information gathered under division (A) of	3811
this section exists on the person for whom the request is made.	3812

(3) The state board of education may request, with respect to	3813
any individual who has applied for employment after October 2,	3814
1989, in any position with the state board or the department of	3815
education, any information that a school district board of	3816
education is authorized to request under division (F)(2) of this	3817
section, and the superintendent of the bureau shall proceed as if	3818
the request has been received from a school district board of	3819
education under division (F)(2) of this section.	3820

(4) When the superintendent of the bureau receives a request	3821
for information under section 3319.291 of the Revised Code, the	3822
superintendent shall proceed as if the request has been received	3823
from a school district board of education and shall comply with	3824
divisions (F)(2)(a) and (c) of this section.	3825

(5) When a recipient of a classroom reading improvement grant	3826
paid under section 3301.86 of the Revised Code requests, with	3827
respect to any individual who applies to participate in providing	3828
any program or service funded in whole or in part by the grant,	3829
the information that a school district board of education is	3830
authorized to request under division (F)(2)(a) of this section,	3831
the superintendent of the bureau shall proceed as if the request	3832
has been received from a school district board of education under	3833
division (F)(2)(a) of this section.	3834

(G) In addition to or in conjunction with any request that is	3835
required to be made under section 3701.881, 3712.09, 3721.121,	3836
5119.693, or ~~3722.151~~5119.85 of the Revised Code with respect to	3837
an individual who has applied for employment in a position that	3838
involves providing direct care to an older adult or adult	3839
resident, the chief administrator of a home health agency, hospice	3840
care program, home licensed under Chapter 3721. of the Revised	3841
Code, adult day-care program operated pursuant to rules adopted	3842
under section 3721.04 of the Revised Code, adult foster home, or	3843
adult care facility may request that the superintendent of the	3844
bureau investigate and determine, with respect to any individual	3845
who has applied after January 27, 1997, for employment in a	3846
position that does not involve providing direct care to an older	3847
adult or adult resident, whether the bureau has any information	3848
gathered under division (A) of this section that pertains to that	3849
individual.	3850

In addition to or in conjunction with any request that is	3851
required to be made under section 173.27 of the Revised Code with	3852
respect to an individual who has applied for employment in a	3853
position that involves providing ombudsperson services to	3854
residents of long-term care facilities or recipients of	3855
community-based long-term care services, the state long-term care	3856
ombudsperson, ombudsperson's designee, or director of health may	3857
request that the superintendent investigate and determine, with	3858
respect to any individual who has applied for employment in a	3859
position that does not involve providing such ombudsperson	3860
services, whether the bureau has any information gathered under	3861
division (A) of this section that pertains to that applicant.	3862

In addition to or in conjunction with any request that is	3863
required to be made under section 173.394 of the Revised Code with	3864
respect to an individual who has applied for employment in a	3865
position that involves providing direct care to an individual, the	3866
chief administrator of a community-based long-term care agency may	3867
request that the superintendent investigate and determine, with	3868
respect to any individual who has applied for employment in a	3869
position that does not involve providing direct care, whether the	3870
bureau has any information gathered under division (A) of this	3871
section that pertains to that applicant.	3872

On receipt of a request under this division, the	3873
superintendent shall determine whether that information exists	3874
and, on request of the individual requesting information, shall	3875
also request from the federal bureau of investigation any criminal	3876
records it has pertaining to the applicant. The superintendent or	3877
the superintendent's designee also may request criminal history	3878
records from other states or the federal government pursuant to	3879
the national crime prevention and privacy compact set forth in	3880
section 109.571 of the Revised Code. Within thirty days of the	3881
date a request is received, the superintendent shall send to the	3882
requester a report of any information determined to exist,	3883
including information contained in records that have been sealed	3884
under section 2953.32 of the Revised Code, and, within thirty days	3885
of its receipt, shall send the requester a report of any	3886
information received from the federal bureau of investigation,	3887
other than information the dissemination of which is prohibited by	3888
federal law.	3889

(H) Information obtained by a government entity or person	3890
under this section is confidential and shall not be released or	3891
disseminated.	3892

(I) The superintendent may charge a reasonable fee for	3893
providing information or criminal records under division (F)(2) or	3894
(G) of this section.	3895

(J) As used in this section~~, "sexually~~:

3896

(1) "Sexually oriented offense" and "child-victim oriented	3897
offense" have the same meanings as in section 2950.01 of the	3898
Revised Code.	3899

(2) "Registered private provider" means a nonpublic school or	3900
entity registered with the superintendent of public instruction	3901
under section 3310.41 of the Revised Code to participate in the	3902
autism scholarship program or section 3310.58 of the Revised Code	3903
to participate in the Jon Peterson special needs scholarship	3904
program.	3905

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	3906
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	3907
a completed form prescribed pursuant to division (C)(1) of this	3908
section, and a set of fingerprint impressions obtained in the	3909
manner described in division (C)(2) of this section, the	3910
superintendent of the bureau of criminal identification and	3911
investigation shall conduct a criminal records check in the manner	3912
described in division (B) of this section to determine whether any	3913
information exists that indicates that the person who is the	3914
subject of the request previously has been convicted of or pleaded	3915
guilty to any of the following:	3916

(a) A violation of section 2903.01, 2903.02, 2903.03,	3917
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3918
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	3919
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	3920
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	3921
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	3922
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	3923
2925.06, or 3716.11 of the Revised Code, felonious sexual	3924
penetration in violation of former section 2907.12 of the Revised	3925
Code, a violation of section 2905.04 of the Revised Code as it	3926
existed prior to July 1, 1996, a violation of section 2919.23 of	3927
the Revised Code that would have been a violation of section	3928
2905.04 of the Revised Code as it existed prior to July 1, 1996,	3929
had the violation been committed prior to that date, or a	3930
violation of section 2925.11 of the Revised Code that is not a	3931
minor drug possession offense;	3932

(b) A violation of an existing or former law of this state,	3933
any other state, or the United States that is substantially	3934
equivalent to any of the offenses listed in division (A)(1)(a) of	3935
this section.	3936

(2) On receipt of a request pursuant to section 5123.081 of	3937
the Revised Code with respect to an applicant for employment in	3938
any position with the department of developmental disabilities,	3939
pursuant to section 5126.28 of the Revised Code with respect to an	3940
applicant for employment in any position with a county board of	3941
developmental disabilities, or pursuant to section 5126.281 of the	3942
Revised Code with respect to an applicant for employment in a	3943
direct services position with an entity contracting with a county	3944
board for employment, a completed form prescribed pursuant to	3945
division (C)(1) of this section, and a set of fingerprint	3946
impressions obtained in the manner described in division (C)(2) of	3947
this section, the superintendent of the bureau of criminal	3948
identification and investigation shall conduct a criminal records	3949
check. The superintendent shall conduct the criminal records check	3950
in the manner described in division (B) of this section to	3951
determine whether any information exists that indicates that the	3952
person who is the subject of the request has been convicted of or	3953
pleaded guilty to any of the following:	3954

(a) A violation of section 2903.01, 2903.02, 2903.03,	3955
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3956
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	3957
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	3958
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	3959
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	3960
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	3961
2925.03, or 3716.11 of the Revised Code;	3962

(b) An existing or former municipal ordinance or law of this	3963
state, any other state, or the United States that is substantially	3964
equivalent to any of the offenses listed in division (A)(2)(a) of	3965
this section.	3966

(3) On receipt of a request pursuant to section 173.27,	3967
173.394, 3712.09, 3721.121, 5119.693, or ~~3722.151~~5119.85 of the	3968
Revised Code, a completed form prescribed pursuant to division	3969
(C)(1) of this section, and a set of fingerprint impressions	3970
obtained in the manner described in division (C)(2) of this	3971
section, the superintendent of the bureau of criminal	3972
identification and investigation shall conduct a criminal records	3973
check with respect to any person who has applied for employment in	3974
a position for which a criminal records check is required by those	3975
sections. The superintendent shall conduct the criminal records	3976
check in the manner described in division (B) of this section to	3977
determine whether any information exists that indicates that the	3978
person who is the subject of the request previously has been	3979
convicted of or pleaded guilty to any of the following:	3980

(a) A violation of section 2903.01, 2903.02, 2903.03,	3981
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	3982
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	3983
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	3984
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	3985
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	3986
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	3987
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	3988
2925.22, 2925.23, or 3716.11 of the Revised Code;	3989

(b) An existing or former law of this state, any other state,	3990
or the United States that is substantially equivalent to any of	3991
the offenses listed in division (A)(3)(a) of this section.	3992

(4) On receipt of a request pursuant to section 3701.881 of	3993
the Revised Code with respect to an applicant for employment with	3994
a home health agency as a person responsible for the care,	3995
custody, or control of a child, a completed form prescribed	3996
pursuant to division (C)(1) of this section, and a set of	3997
fingerprint impressions obtained in the manner described in	3998
division (C)(2) of this section, the superintendent of the bureau	3999
of criminal identification and investigation shall conduct a	4000
criminal records check. The superintendent shall conduct the	4001
criminal records check in the manner described in division (B) of	4002
this section to determine whether any information exists that	4003
indicates that the person who is the subject of the request	4004
previously has been convicted of or pleaded guilty to any of the	4005
following:	4006

(a) A violation of section 2903.01, 2903.02, 2903.03,	4007
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4008
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	4009
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	4010
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	4011
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	4012
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	4013
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	4014
violation of section 2925.11 of the Revised Code that is not a	4015
minor drug possession offense;	4016

(b) An existing or former law of this state, any other state,	4017
or the United States that is substantially equivalent to any of	4018
the offenses listed in division (A)(4)(a) of this section.	4019

(5) On receipt of a request pursuant to section 5111.032,	4020
5111.033, or 5111.034 of the Revised Code, a completed form	4021
prescribed pursuant to division (C)(1) of this section, and a set	4022
of fingerprint impressions obtained in the manner described in	4023
division (C)(2) of this section, the superintendent of the bureau	4024
of criminal identification and investigation shall conduct a	4025
criminal records check. The superintendent shall conduct the	4026
criminal records check in the manner described in division (B) of	4027
this section to determine whether any information exists that	4028
indicates that the person who is the subject of the request	4029
previously has been convicted of, has pleaded guilty to, or has	4030
been found eligible for intervention in lieu of conviction for any	4031
of the following, regardless of the date of the conviction, the	4032
date of entry of the guilty plea, or the date the person was found	4033
eligible for intervention in lieu of conviction:	4034

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	4035
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	4036
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	4037
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	4038
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	4039
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	4040
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	4041
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	4042
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	4043
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	4044
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	4045
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	4046
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	4047
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	4048
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	4049
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual	4050
penetration in violation of former section 2907.12 of the Revised	4051
Code, a violation of section 2905.04 of the Revised Code as it	4052
existed prior to July 1, 1996, a violation of section 2919.23 of	4053
the Revised Code that would have been a violation of section	4054
2905.04 of the Revised Code as it existed prior to July 1, 1996,	4055
had the violation been committed prior to that date;	4056

(b) A violation of an existing or former municipal ordinance	4057
or law of this state, any other state, or the United States that	4058
is substantially equivalent to any of the offenses listed in	4059
division (A)(5)(a) of this section.	4060

(6) On receipt of a request pursuant to section 3701.881 of	4061
the Revised Code with respect to an applicant for employment with	4062
a home health agency in a position that involves providing direct	4063
care to an older adult, a completed form prescribed pursuant to	4064
division (C)(1) of this section, and a set of fingerprint	4065
impressions obtained in the manner described in division (C)(2) of	4066
this section, the superintendent of the bureau of criminal	4067
identification and investigation shall conduct a criminal records	4068
check. The superintendent shall conduct the criminal records check	4069
in the manner described in division (B) of this section to	4070
determine whether any information exists that indicates that the	4071
person who is the subject of the request previously has been	4072
convicted of or pleaded guilty to any of the following:	4073

(a) A violation of section 2903.01, 2903.02, 2903.03,	4074
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4075
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	4076
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	4077
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	4078
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	4079
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	4080
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	4081
2925.22, 2925.23, or 3716.11 of the Revised Code;	4082

(b) An existing or former law of this state, any other state,	4083
or the United States that is substantially equivalent to any of	4084
the offenses listed in division (A)(6)(a) of this section.	4085

(7) When conducting a criminal records check upon a request	4086
pursuant to section 3319.39 of the Revised Code for an applicant	4087
who is a teacher, in addition to the determination made under	4088
division (A)(1) of this section, the superintendent shall	4089
determine whether any information exists that indicates that the	4090
person who is the subject of the request previously has been	4091
convicted of or pleaded guilty to any offense specified in section	4092
3319.31 of the Revised Code.	4093

(8) On receipt of a request pursuant to section 2151.86 of	4094
the Revised Code, a completed form prescribed pursuant to division	4095
(C)(1) of this section, and a set of fingerprint impressions	4096
obtained in the manner described in division (C)(2) of this	4097
section, the superintendent of the bureau of criminal	4098
identification and investigation shall conduct a criminal records	4099
check in the manner described in division (B) of this section to	4100
determine whether any information exists that indicates that the	4101
person who is the subject of the request previously has been	4102
convicted of or pleaded guilty to any of the following:	4103

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	4104
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	4105
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	4106
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	4107
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	4108
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	4109
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	4110
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	4111
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	4112
of the Revised Code, a violation of section 2905.04 of the Revised	4113
Code as it existed prior to July 1, 1996, a violation of section	4114
2919.23 of the Revised Code that would have been a violation of	4115
section 2905.04 of the Revised Code as it existed prior to July 1,	4116
1996, had the violation been committed prior to that date, a	4117
violation of section 2925.11 of the Revised Code that is not a	4118
minor drug possession offense, two or more OVI or OVUAC violations	4119
committed within the three years immediately preceding the	4120
submission of the application or petition that is the basis of the	4121
request, or felonious sexual penetration in violation of former	4122
section 2907.12 of the Revised Code;	4123

(b) A violation of an existing or former law of this state,	4124
any other state, or the United States that is substantially	4125
equivalent to any of the offenses listed in division (A)(8)(a) of	4126
this section.	4127

(9) Upon receipt of a request pursuant to section 5104.012 or	4128
5104.013 of the Revised Code, a completed form prescribed pursuant	4129
to division (C)(1) of this section, and a set of fingerprint	4130
impressions obtained in the manner described in division (C)(2) of	4131
this section, the superintendent of the bureau of criminal	4132
identification and investigation shall conduct a criminal records	4133
check in the manner described in division (B) of this section to	4134
determine whether any information exists that indicates that the	4135
person who is the subject of the request has been convicted of or	4136
pleaded guilty to any of the following:	4137

(a) A violation of section 2903.01, 2903.02, 2903.03,	4138
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	4139
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	4140
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	4141
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	4142
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	4143
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	4144
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	4145
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	4146
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	4147
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	4148
3716.11 of the Revised Code, felonious sexual penetration in	4149
violation of former section 2907.12 of the Revised Code, a	4150
violation of section 2905.04 of the Revised Code as it existed	4151
prior to July 1, 1996, a violation of section 2919.23 of the	4152
Revised Code that would have been a violation of section 2905.04	4153
of the Revised Code as it existed prior to July 1, 1996, had the	4154
violation been committed prior to that date, a violation of	4155
section 2925.11 of the Revised Code that is not a minor drug	4156
possession offense, a violation of section 2923.02 or 2923.03 of	4157
the Revised Code that relates to a crime specified in this	4158
division, or a second violation of section 4511.19 of the Revised	4159
Code within five years of the date of application for licensure or	4160
certification.	4161

(b) A violation of an existing or former law of this state,	4162
any other state, or the United States that is substantially	4163
equivalent to any of the offenses or violations described in	4164
division (A)(9)(a) of this section.	4165

(10) Upon receipt of a request pursuant to section 5153.111	4166
of the Revised Code, a completed form prescribed pursuant to	4167
division (C)(1) of this section, and a set of fingerprint	4168
impressions obtained in the manner described in division (C)(2) of	4169
this section, the superintendent of the bureau of criminal	4170
identification and investigation shall conduct a criminal records	4171
check in the manner described in division (B) of this section to	4172
determine whether any information exists that indicates that the	4173
person who is the subject of the request previously has been	4174
convicted of or pleaded guilty to any of the following:	4175

(a) A violation of section 2903.01, 2903.02, 2903.03,	4176
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4177
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	4178
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	4179
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	4180
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	4181
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	4182
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	4183
felonious sexual penetration in violation of former section	4184
2907.12 of the Revised Code, a violation of section 2905.04 of the	4185
Revised Code as it existed prior to July 1, 1996, a violation of	4186
section 2919.23 of the Revised Code that would have been a	4187
violation of section 2905.04 of the Revised Code as it existed	4188
prior to July 1, 1996, had the violation been committed prior to	4189
that date, or a violation of section 2925.11 of the Revised Code	4190
that is not a minor drug possession offense;	4191

(b) A violation of an existing or former law of this state,	4192
any other state, or the United States that is substantially	4193
equivalent to any of the offenses listed in division (A)(10)(a) of	4194
this section.	4195

(11) On receipt of a request for a criminal records check	4196
from an individual pursuant to section 4749.03 or 4749.06 of the	4197
Revised Code, accompanied by a completed copy of the form	4198
prescribed in division (C)(1) of this section and a set of	4199
fingerprint impressions obtained in a manner described in division	4200
(C)(2) of this section, the superintendent of the bureau of	4201
criminal identification and investigation shall conduct a criminal	4202
records check in the manner described in division (B) of this	4203
section to determine whether any information exists indicating	4204
that the person who is the subject of the request has been	4205
convicted of or pleaded guilty to a felony in this state or in any	4206
other state. If the individual indicates that a firearm will be	4207
carried in the course of business, the superintendent shall	4208
require information from the federal bureau of investigation as	4209
described in division (B)(2) of this section. The superintendent	4210
shall report the findings of the criminal records check and any	4211
information the federal bureau of investigation provides to the	4212
director of public safety.	4213

(12) On receipt of a request pursuant to section 1321.37,	4214
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	4215
Code, a completed form prescribed pursuant to division (C)(1) of	4216
this section, and a set of fingerprint impressions obtained in the	4217
manner described in division (C)(2) of this section, the	4218
superintendent of the bureau of criminal identification and	4219
investigation shall conduct a criminal records check with respect	4220
to any person who has applied for a license, permit, or	4221
certification from the department of commerce or a division in the	4222
department. The superintendent shall conduct the criminal records	4223
check in the manner described in division (B) of this section to	4224
determine whether any information exists that indicates that the	4225
person who is the subject of the request previously has been	4226
convicted of or pleaded guilty to any of the following: a	4227
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	4228
2925.03 of the Revised Code; any other criminal offense involving	4229
theft, receiving stolen property, embezzlement, forgery, fraud,	4230
passing bad checks, money laundering, or drug trafficking, or any	4231
criminal offense involving money or securities, as set forth in	4232
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	4233
the Revised Code; or any existing or former law of this state, any	4234
other state, or the United States that is substantially equivalent	4235
to those offenses.	4236

(13) On receipt of a request for a criminal records check	4237
from the treasurer of state under section 113.041 of the Revised	4238
Code or from an individual under section 4701.08, 4715.101,	4239
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	4240
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	4241
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	4242
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	4243
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by	4244
a completed form prescribed under division (C)(1) of this section	4245
and a set of fingerprint impressions obtained in the manner	4246
described in division (C)(2) of this section, the superintendent	4247
of the bureau of criminal identification and investigation shall	4248
conduct a criminal records check in the manner described in	4249
division (B) of this section to determine whether any information	4250
exists that indicates that the person who is the subject of the	4251
request has been convicted of or pleaded guilty to any criminal	4252
offense in this state or any other state. The superintendent shall	4253
send the results of a check requested under section 113.041 of the	4254
Revised Code to the treasurer of state and shall send the results	4255
of a check requested under any of the other listed sections to the	4256
licensing board specified by the individual in the request.	4257

(14) On receipt of a request pursuant to section 1121.23,	4258
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	4259
Code, a completed form prescribed pursuant to division (C)(1) of	4260
this section, and a set of fingerprint impressions obtained in the	4261
manner described in division (C)(2) of this section, the	4262
superintendent of the bureau of criminal identification and	4263
investigation shall conduct a criminal records check in the manner	4264
described in division (B) of this section to determine whether any	4265
information exists that indicates that the person who is the	4266
subject of the request previously has been convicted of or pleaded	4267
guilty to any criminal offense under any existing or former law of	4268
this state, any other state, or the United States.	4269

(15) On receipt of a request for a criminal records check	4270
from an appointing or licensing authority under section 3772.07 of	4271
the Revised Code, a completed form prescribed under division	4272
(C)(1) of this section, and a set of fingerprint impressions	4273
obtained in the manner prescribed in division (C)(2) of this	4274
section, the superintendent of the bureau of criminal	4275
identification and investigation shall conduct a criminal records	4276
check in the manner described in division (B) of this section to	4277
determine whether any information exists that indicates that the	4278
person who is the subject of the request previously has been	4279
convicted of or pleaded guilty or no contest to any offense under	4280
any existing or former law of this state, any other state, or the	4281
United States that is a disqualifying offense as defined in	4282
section 3772.07 of the Revised Code or substantially equivalent to	4283
such an offense.	4284

(16) Not later than thirty days after the date the	4285
superintendent receives a request of a type described in division	4286
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),	4287
(14), or (15) of this section, the completed form, and the	4288
fingerprint impressions, the superintendent shall send the person,	4289
board, or entity that made the request any information, other than	4290
information the dissemination of which is prohibited by federal	4291
law, the superintendent determines exists with respect to the	4292
person who is the subject of the request that indicates that the	4293
person previously has been convicted of or pleaded guilty to any	4294
offense listed or described in division (A)(1), (2), (3), (4),	4295
(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15) of this	4296
section, as appropriate. The superintendent shall send the person,	4297
board, or entity that made the request a copy of the list of	4298
offenses specified in division (A)(1), (2), (3), (4), (5), (6),	4299
(7), (8), (9), (10), (11), (12), (14), or (15) of this section, as	4300
appropriate. If the request was made under section 3701.881 of the	4301
Revised Code with regard to an applicant who may be both	4302
responsible for the care, custody, or control of a child and	4303
involved in providing direct care to an older adult, the	4304
superintendent shall provide a list of the offenses specified in	4305
divisions (A)(4) and (6) of this section.	4306

Not later than thirty days after the superintendent receives	4307
a request for a criminal records check pursuant to section 113.041	4308
of the Revised Code, the completed form, and the fingerprint	4309
impressions, the superintendent shall send the treasurer of state	4310
any information, other than information the dissemination of which	4311
is prohibited by federal law, the superintendent determines exist	4312
with respect to the person who is the subject of the request that	4313
indicates that the person previously has been convicted of or	4314
pleaded guilty to any criminal offense in this state or any other	4315
state.	4316

(B) The superintendent shall conduct any criminal records	4317
check requested under section 113.041, 121.08, 173.27, 173.394,	4318
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,	4319
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,	4320
3701.881, 3712.09, 3721.121, ~~3722.151,~~ 3772.07, 4701.08, 4715.101,	4321
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	4322
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	4323
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	4324
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	4325
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	4326
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,	4327
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code as	4328
follows:	4329

(1) The superintendent shall review or cause to be reviewed	4330
any relevant information gathered and compiled by the bureau under	4331
division (A) of section 109.57 of the Revised Code that relates to	4332
the person who is the subject of the request, including, if the	4333
criminal records check was requested under section 113.041,	4334
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	4335
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	4336
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	4337
~~3722.151,~~ 3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 5104.013,	4338
5111.032, 5111.033, 5111.034, 5119.693, 5119.85, 5123.081,	4339
5126.28, 5126.281, or 5153.111 of the Revised Code, any relevant	4340
information contained in records that have been sealed under	4341
section 2953.32 of the Revised Code;	4342

(2) If the request received by the superintendent asks for	4343
information from the federal bureau of investigation, the	4344
superintendent shall request from the federal bureau of	4345
investigation any information it has with respect to the person	4346
who is the subject of the request, including fingerprint-based	4347
checks of national crime information databases as described in 42	4348
U.S.C. 671 if the request is made pursuant to section 2151.86,	4349
5104.012, or 5104.013 of the Revised Code or if any other Revised	4350
Code section requires fingerprint-based checks of that nature, and	4351
shall review or cause to be reviewed any information the	4352
superintendent receives from that bureau. If a request under	4353
section 3319.39 of the Revised Code asks only for information from	4354
the federal bureau of investigation, the superintendent shall not	4355
conduct the review prescribed by division (B)(1) of this section.	4356

(3) The superintendent or the superintendent's designee may	4357
request criminal history records from other states or the federal	4358
government pursuant to the national crime prevention and privacy	4359
compact set forth in section 109.571 of the Revised Code.	4360

(C)(1) The superintendent shall prescribe a form to obtain	4361
the information necessary to conduct a criminal records check from	4362
any person for whom a criminal records check is requested under	4363
section 113.041 of the Revised Code or required by section 121.08,	4364
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,	4365
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	4366
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, ~~3722.151,~~ 3772.07,	4367
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	4368
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,	4369
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,	4370
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,	4371
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	4372
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,	4373
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	4374
form that the superintendent prescribes pursuant to this division	4375
may be in a tangible format, in an electronic format, or in both	4376
tangible and electronic formats.	4377

(2) The superintendent shall prescribe standard impression	4378
sheets to obtain the fingerprint impressions of any person for	4379
whom a criminal records check is requested under section 113.041	4380
of the Revised Code or required by section 121.08, 173.27,	4381
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,	4382
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	4383
3319.39, 3701.881, 3712.09, 3721.121, ~~3722.151,~~ 3772.07, 4701.08,	4384
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	4385
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	4386
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	4387
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	4388
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	4389
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,	4390
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any	4391
person for whom a records check is requested under or required by	4392
any of those sections shall obtain the fingerprint impressions at	4393
a county sheriff's office, municipal police department, or any	4394
other entity with the ability to make fingerprint impressions on	4395
the standard impression sheets prescribed by the superintendent.	4396
The office, department, or entity may charge the person a	4397
reasonable fee for making the impressions. The standard impression	4398
sheets the superintendent prescribes pursuant to this division may	4399
be in a tangible format, in an electronic format, or in both	4400
tangible and electronic formats.	4401

(3) Subject to division (D) of this section, the	4402
superintendent shall prescribe and charge a reasonable fee for	4403
providing a criminal records check requested under section	4404
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	4405
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	4406
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	4407
~~3722.151,~~ 3772.07, 4701.08, 4715.101, 4717.061, 4725.121,	4408
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,	4409
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,	4410
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101,	4411
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05,	4412
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,	4413
5119.693, 5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the	4414
Revised Code. The person making a criminal records request under	4415
any of those sections shall pay the fee prescribed pursuant to	4416
this division. A person making a request under section 3701.881 of	4417
the Revised Code for a criminal records check for an applicant who	4418
may be both responsible for the care, custody, or control of a	4419
child and involved in providing direct care to an older adult	4420
shall pay one fee for the request. In the case of a request under	4421
section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or	4422
5111.032 of the Revised Code, the fee shall be paid in the manner	4423
specified in that section.	4424

(4) The superintendent of the bureau of criminal	4425
identification and investigation may prescribe methods of	4426
forwarding fingerprint impressions and information necessary to	4427
conduct a criminal records check, which methods shall include, but	4428
not be limited to, an electronic method.	4429

(D) A determination whether any information exists that	4430
indicates that a person previously has been convicted of or	4431
pleaded guilty to any offense listed or described in division	4432
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	4433
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),	4434
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15)	4435
of this section, or that indicates that a person previously has	4436
been convicted of or pleaded guilty to any criminal offense in	4437
this state or any other state regarding a criminal records check	4438
of a type described in division (A)(13) of this section, and that	4439
is made by the superintendent with respect to information	4440
considered in a criminal records check in accordance with this	4441
section is valid for the person who is the subject of the criminal	4442
records check for a period of one year from the date upon which	4443
the superintendent makes the determination. During the period in	4444
which the determination in regard to a person is valid, if another	4445
request under this section is made for a criminal records check	4446
for that person, the superintendent shall provide the information	4447
that is the basis for the superintendent's initial determination	4448
at a lower fee than the fee prescribed for the initial criminal	4449
records check.	4450

(E) When the superintendent receives a request for	4451
information from a registered private provider, the superintendent	4452
shall proceed as if the request was received from a school	4453
district board of education under section 3319.39 of the Revised	4454
Code. The superintendent shall apply division (A)(7) of this	4455
section to any such request for an applicant who is a teacher.	4456

(F) As used in this section:

4457

(1) "Criminal records check" means any criminal records check	4458
conducted by the superintendent of the bureau of criminal	4459
identification and investigation in accordance with division (B)	4460
of this section.	4461

(2) "Minor drug possession offense" has the same meaning as	4462
in section 2925.01 of the Revised Code.	4463

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

4464

(4) "OVI or OVUAC violation" means a violation of section	4465
4511.19 of the Revised Code or a violation of an existing or	4466
former law of this state, any other state, or the United States	4467
that is substantially equivalent to section 4511.19 of the Revised	4468
Code.	4469

(5) "Registered private provider" means a nonpublic school or	4470
entity registered with the superintendent of public instruction	4471
under section 3310.41 of the Revised Code to participate in the	4472
autism scholarship program or section 3310.58 of the Revised Code	4473
to participate in the Jon Peterson special needs scholarship	4474
program.	4475

Sec. 109.64. The bureau of criminal identification and	4476
investigation shall prepare a periodic information bulletin	4477
concerning missing children whom it determines may be present in	4478
this state. The bureau shall compile the bulletin from information	4479
contained in the national crime information center computer. The	4480
bulletin shall indicate the names and addresses of these minors	4481
who are the subject of missing children cases and other	4482
information that the superintendent of the bureau considers	4483
appropriate. The bulletin shall contain a reminder to law	4484
enforcement agencies of their responsibilities under section	4485
2901.30 of the Revised Code.	4486

The bureau shall send a copy of each periodic information	4487
bulletin to the missing children clearinghouse established under	4488
section 109.65 of the Revised Code for use in connection with its	4489
responsibilities under division (E) of that section. Upon receipt	4490
of each periodic information bulletin from the bureau, the missing	4491
children clearinghouse shall send a copy of the bulletin to each	4492
sheriff, marshal, police department of a municipal corporation,	4493
police force of a township police district or joint ~~township~~	4494
police district, and township constable in this state, to the	4495
board of education of each school district in this state, and to	4496
each nonpublic school in this state. The bureau shall provide a	4497
copy of the bulletin, upon request, to other persons or entities.	4498
The superintendent of the bureau, with the approval of the	4499
attorney general, may establish a reasonable fee for a copy of a	4500
bulletin provided to persons or entities other than law	4501
enforcement agencies in this or other states or of the federal	4502
government, the department of education, governmental entities of	4503
this state, and libraries in this state. The superintendent shall	4504
deposit all such fees collected ~~by him~~ into the missing children	4505
fund created by section 109.65 of the Revised Code.	4506

As used in this section, "missing children," "information,"	4507
and "minor" have the same meanings as in section 2901.30 of the	4508
Revised Code.	4509

Sec. 109.71. There is hereby created in the office of the	4510
attorney general the Ohio peace officer training commission. The	4511
commission shall consist of nine members appointed by the governor	4512
with the advice and consent of the senate and selected as follows:	4513
one member representing the public; two members who are incumbent	4514
sheriffs; two members who are incumbent chiefs of police; one	4515
member from the bureau of criminal identification and	4516
investigation; one member from the state highway patrol; one	4517
member who is the special agent in charge of a field office of the	4518
federal bureau of investigation in this state; and one member from	4519
the department of education, trade and industrial education	4520
services, law enforcement training.	4521

This section does not confer any arrest authority or any	4522
ability or authority to detain a person, write or issue any	4523
citation, or provide any disposition alternative, as granted under	4524
Chapter 2935. of the Revised Code.	4525

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

4526

(A) "Peace officer" means:

4527

(1) A deputy sheriff, marshal, deputy marshal, member of the	4528
organized police department of a township or municipal	4529
corporation, member of a township police district or joint	4530
~~township~~ police district police force, member of a police force	4531
employed by a metropolitan housing authority under division (D) of	4532
section 3735.31 of the Revised Code, or township constable, who is	4533
commissioned and employed as a peace officer by a political	4534
subdivision of this state or by a metropolitan housing authority,	4535
and whose primary duties are to preserve the peace, to protect	4536
life and property, and to enforce the laws of this state,	4537
ordinances of a municipal corporation, resolutions of a township,	4538
or regulations of a board of county commissioners or board of	4539
township trustees, or any of those laws, ordinances, resolutions,	4540
or regulations;	4541

(2) A police officer who is employed by a railroad company	4542
and appointed and commissioned by the secretary of state pursuant	4543
to sections 4973.17 to 4973.22 of the Revised Code;	4544

(3) Employees of the department of taxation engaged in the	4545
enforcement of Chapter 5743. of the Revised Code and designated by	4546
the tax commissioner for peace officer training for purposes of	4547
the delegation of investigation powers under section 5743.45 of	4548
the Revised Code;	4549

(4) An undercover drug agent;

4550

(5) Enforcement agents of the department of public safety	4551
whom the director of public safety designates under section	4552
5502.14 of the Revised Code;	4553

(6) An employee of the department of natural resources who is	4554
a natural resources law enforcement staff officer designated	4555
pursuant to section 1501.013, a park officer designated pursuant	4556
to section 1541.10, a forest officer designated pursuant to	4557
section 1503.29, a preserve officer designated pursuant to section	4558
1517.10, a wildlife officer designated pursuant to section	4559
1531.13, or a state watercraft officer designated pursuant to	4560
section 1547.521 of the Revised Code;	4561

(7) An employee of a park district who is designated pursuant	4562
to section 511.232 or 1545.13 of the Revised Code;	4563

(8) An employee of a conservancy district who is designated	4564
pursuant to section 6101.75 of the Revised Code;	4565

(9) A police officer who is employed by a hospital that	4566
employs and maintains its own proprietary police department or	4567
security department, and who is appointed and commissioned by the	4568
secretary of state pursuant to sections 4973.17 to 4973.22 of the	4569
Revised Code;	4570

(10) Veterans' homes police officers designated under section	4571
5907.02 of the Revised Code;	4572

(11) A police officer who is employed by a qualified	4573
nonprofit corporation police department pursuant to section	4574
1702.80 of the Revised Code;	4575

(12) A state university law enforcement officer appointed	4576
under section 3345.04 of the Revised Code or a person serving as a	4577
state university law enforcement officer on a permanent basis on	4578
June 19, 1978, who has been awarded a certificate by the executive	4579
director of the Ohio peace officer training commission attesting	4580
to the person's satisfactory completion of an approved state,	4581
county, municipal, or department of natural resources peace	4582
officer basic training program;	4583

(13) A special police officer employed by the department of	4584
mental health pursuant to section 5119.14 of the Revised Code or	4585
the department of developmental disabilities pursuant to section	4586
5123.13 of the Revised Code;	4587

(14) A member of a campus police department appointed under	4588
section 1713.50 of the Revised Code;	4589

(15) A member of a police force employed by a regional	4590
transit authority under division (Y) of section 306.35 of the	4591
Revised Code;	4592

(16) Investigators appointed by the auditor of state pursuant	4593
to section 117.091 of the Revised Code and engaged in the	4594
enforcement of Chapter 117. of the Revised Code;	4595

(17) A special police officer designated by the	4596
superintendent of the state highway patrol pursuant to section	4597
5503.09 of the Revised Code or a person who was serving as a	4598
special police officer pursuant to that section on a permanent	4599
basis on October 21, 1997, and who has been awarded a certificate	4600
by the executive director of the Ohio peace officer training	4601
commission attesting to the person's satisfactory completion of an	4602
approved state, county, municipal, or department of natural	4603
resources peace officer basic training program;	4604

(18) A special police officer employed by a port authority	4605
under section 4582.04 or 4582.28 of the Revised Code or a person	4606
serving as a special police officer employed by a port authority	4607
on a permanent basis on May 17, 2000, who has been awarded a	4608
certificate by the executive director of the Ohio peace officer	4609
training commission attesting to the person's satisfactory	4610
completion of an approved state, county, municipal, or department	4611
of natural resources peace officer basic training program;	4612

(19) A special police officer employed by a municipal	4613
corporation who has been awarded a certificate by the executive	4614
director of the Ohio peace officer training commission for	4615
satisfactory completion of an approved peace officer basic	4616
training program and who is employed on a permanent basis on or	4617
after March 19, 2003, at a municipal airport, or other municipal	4618
air navigation facility, that has scheduled operations, as defined	4619
in section 119.3 of Title 14 of the Code of Federal Regulations,	4620
14 C.F.R. 119.3, as amended, and that is required to be under a	4621
security program and is governed by aviation security rules of the	4622
transportation security administration of the United States	4623
department of transportation as provided in Parts 1542. and 1544.	4624
of Title 49 of the Code of Federal Regulations, as amended;	4625

(20) A police officer who is employed by an owner or operator	4626
of an amusement park that has an average yearly attendance in	4627
excess of six hundred thousand guests and that employs and	4628
maintains its own proprietary police department or security	4629
department, and who is appointed and commissioned by a judge of	4630
the appropriate municipal court or county court pursuant to	4631
section 4973.17 of the Revised Code;	4632

(21) A police officer who is employed by a bank, savings and	4633
loan association, savings bank, credit union, or association of	4634
banks, savings and loan associations, savings banks, or credit	4635
unions, who has been appointed and commissioned by the secretary	4636
of state pursuant to sections 4973.17 to 4973.22 of the Revised	4637
Code, and who has been awarded a certificate by the executive	4638
director of the Ohio peace officer training commission attesting	4639
to the person's satisfactory completion of a state, county,	4640
municipal, or department of natural resources peace officer basic	4641
training program;	4642

(22) An investigator, as defined in section 109.541 of the	4643
Revised Code, of the bureau of criminal identification and	4644
investigation who is commissioned by the superintendent of the	4645
bureau as a special agent for the purpose of assisting law	4646
enforcement officers or providing emergency assistance to peace	4647
officers pursuant to authority granted under that section;	4648

(23) A state fire marshal law enforcement officer appointed	4649
under section 3737.22 of the Revised Code or a person serving as a	4650
state fire marshal law enforcement officer on a permanent basis on	4651
or after July 1, 1982, who has been awarded a certificate by the	4652
executive director of the Ohio peace officer training commission	4653
attesting to the person's satisfactory completion of an approved	4654
state, county, municipal, or department of natural resources peace	4655
officer basic training program;	4656

(24) A gaming agent employed under section 3772.03 of the	4657
Revised Code.	4658

(B) "Undercover drug agent" has the same meaning as in	4659
division (B)(2) of section 109.79 of the Revised Code.	4660

(C) "Crisis intervention training" means training in the use	4661
of interpersonal and communication skills to most effectively and	4662
sensitively interview victims of rape.	4663

(D) "Missing children" has the same meaning as in section	4664
2901.30 of the Revised Code.	4665

Sec. 109.801. (A)(1) Each year, any of the following persons	4666
who are authorized to carry firearms in the course of their	4667
official duties shall complete successfully a firearms	4668
requalification program approved by the executive director of the	4669
Ohio peace officer training commission in accordance with rules	4670
adopted by the attorney general pursuant to section 109.743 of the	4671
Revised Code: any peace officer, sheriff, chief of police of an	4672
organized police department of a municipal corporation or	4673
township, chief of police of a township police district or joint	4674
police district police force, superintendent of the state highway	4675
patrol, state highway patrol trooper, or chief of police of a	4676
university or college police department; any parole or probation	4677
officer who carries a firearm in the course of official duties;	4678
the house of representatives sergeant at arms if the house of	4679
representatives sergeant at arms has arrest authority pursuant to	4680
division (E)(1) of section 101.311 of the Revised Code; any	4681
assistant house of representatives sergeant at arms; or any	4682
employee of the department of youth services who is designated	4683
pursuant to division (A)(2) of section 5139.53 of the Revised Code	4684
as being authorized to carry a firearm while on duty as described	4685
in that division.	4686

(2) No person listed in division (A)(1) of this section shall	4687
carry a firearm during the course of official duties if the person	4688
does not comply with division (A)(1) of this section.	4689

(B) The hours that a sheriff spends attending a firearms	4690
requalification program required by division (A) of this section	4691
are in addition to the sixteen hours of continuing education that	4692
are required by division (E) of section 311.01 of the Revised	4693
Code.	4694

(C) As used in this section, "firearm" has the same meaning	4695
as in section 2923.11 of the Revised Code.	4696

Sec. 111.12. ~~(A) Except as otherwise provided in division~~	4697
~~(B) of this section, the~~The secretary of state shall compile and	4698
publish biennially in a paper, book, or ~~other nonelectronic~~	4699
electronic format ~~twenty-five hundred copies of~~ the election	4700
statistics of Ohio, ~~four thousand copies of~~ the official roster of	4701
federal, state, and county officers, and ~~twenty-five hundred~~	4702
~~copies of~~ the official roster of township and municipal officers.	4703

~~(B) The secretary of state may compile and publish biennially~~	4704
~~the election statistics of Ohio, the official roster of federal,~~	4705
~~state, and county officers, and the official roster of township~~	4706
~~and municipal officers in an electronic format instead of~~	4707
~~compiling and publishing these documents biennially in a paper,~~	4708
~~book, or other nonelectronic format in the numbers specified in~~	4709
~~division (A) of this section. If the secretary of state does so,~~	4710
~~the secretary of state shall maintain the ability to provide~~	4711
~~copies of the election statistics of Ohio, the official roster of~~	4712
~~federal, state, and county officers, and the official roster of~~	4713
~~township and municipal officers in accordance with section 149.43~~	4714
~~of the Revised Code.~~	4715

Sec. 111.16. The secretary of state shall charge and	4716
collect, for the benefit of the state, the following fees:	4717

(A) For filing and recording articles of incorporation of a	4718
domestic corporation, including designation of agent:	4719

(1) Wherein the corporation shall not be authorized to issue	4720
any shares of capital stock, one hundred twenty-five dollars;	4721

(2) Wherein the corporation shall be authorized to issue	4722
shares of capital stock, with or without par value:	4723

(a) Ten cents for each share authorized up to and including	4724
one thousand shares;	4725

(b) Five cents for each share authorized in excess of one	4726
thousand shares up to and including ten thousand shares;	4727

(c) Two cents for each share authorized in excess of ten	4728
thousand shares up to and including fifty thousand shares;	4729

(d) One cent for each share authorized in excess of fifty	4730
thousand shares up to and including one hundred thousand shares;	4731

(e) One-half cent for each share authorized in excess of one	4732
hundred thousand shares up to and including five hundred thousand	4733
shares;	4734

(f) One-quarter cent for each share authorized in excess of	4735
five hundred thousand shares; provided no fee shall be less than	4736
one hundred twenty-five dollars or greater than one hundred	4737
thousand dollars.	4738

(B) For filing and recording a certificate of amendment to or	4739
amended articles of incorporation of a domestic corporation, or	4740
for filing and recording a certificate of reorganization, a	4741
certificate of dissolution, or an amendment to a foreign license	4742
application:	4743

(1) If the domestic corporation is not authorized to issue	4744
any shares of capital stock, fifty dollars;	4745

(2) If the domestic corporation is authorized to issue shares	4746
of capital stock, fifty dollars, and in case of any increase in	4747
the number of shares authorized to be issued, a further sum	4748
computed in accordance with the schedule set forth in division	4749
(A)(2) of this section less a credit computed in the same manner	4750
for the number of shares previously authorized to be issued by the	4751
corporation; provided no fee under division (B)(2) of this section	4752
shall be greater than one hundred thousand dollars;	4753

(3) If the foreign corporation is not authorized to issue any	4754
shares of capital stock, fifty dollars;	4755

(4) If the foreign corporation is authorized to issue shares	4756
of capital stock, fifty dollars.	4757

(C) For filing and recording articles of incorporation of a	4758
savings and loan association, one hundred twenty-five dollars; and	4759
for filing and recording a certificate of amendment to or amended	4760
articles of incorporation of a savings and loan association, fifty	4761
dollars;	4762

(D) For filing and recording a certificate of conversion,	4763
including a designation of agent, a certificate of merger, or a	4764
certificate of consolidation, one hundred twenty-five dollars and,	4765
in the case of any new corporation resulting from a consolidation	4766
or any surviving corporation that has an increased number of	4767
shares authorized to be issued resulting from a merger, an	4768
additional sum computed in accordance with the schedule set forth	4769
in division (A)(2) of this section less a credit computed in the	4770
same manner for the number of shares previously authorized to be	4771
issued or represented in this state by each of the corporations	4772
for which a consolidation or merger is effected by the	4773
certificate;	4774

(E) For filing and recording articles of incorporation of a	4775
credit union or the American credit union guaranty association,	4776
one hundred twenty-five dollars, and for filing and recording a	4777
certificate of increase in capital stock or any other amendment of	4778
the articles of incorporation of a credit union or the	4779
association, fifty dollars;	4780

(F) For filing and recording articles of organization of a	4781
limited liability company, for filing and recording an application	4782
to become a registered foreign limited liability company, for	4783
filing and recording a registration application to become a	4784
domestic limited liability partnership, or for filing and	4785
recording an application to become a registered foreign limited	4786
liability partnership, one hundred twenty-five dollars;	4787

(G) For filing and recording a certificate of limited	4788
partnership or an application for registration as a foreign	4789
limited partnership, or for filing an initial statement of	4790
partnership authority pursuant to section 1776.33 of the Revised	4791
Code, one hundred twenty-five dollars.	4792

(H) For filing a copy of papers evidencing the incorporation	4793
of a municipal corporation or of annexation of territory by a	4794
municipal corporation, five dollars, to be paid by the municipal	4795
corporation, the petitioners therefor, or their agent;	4796

(I) For filing and recording any of the following:

4797

(1) A license to transact business in this state by a foreign	4798
corporation for profit pursuant to section 1703.04 of the Revised	4799
Code or a foreign nonprofit corporation pursuant to section	4800
1703.27 of the Revised Code, one hundred twenty-five dollars;	4801

(2) A biennial report or biennial statement pursuant to	4802
section 1775.63, 1776.83, or 1785.06 of the Revised Code,	4803
twenty-five dollars;	4804

(3) Except as otherwise provided in this section or any other	4805
section of the Revised Code, any other certificate or paper that	4806
is required to be filed and recorded or is permitted to be filed	4807
and recorded by any provision of the Revised Code with the	4808
secretary of state, twenty-five dollars.	4809

(J) For filing any certificate or paper not required to be	4810
recorded, five dollars;	4811

(K)(1) For making copies of any certificate or other paper	4812
filed in the office of the secretary of state, a fee not to exceed	4813
one dollar per page, except as otherwise provided in the Revised	4814
Code, and for creating and affixing the seal of the office of the	4815
secretary of state to any good standing or other certificate, five	4816
dollars. For copies of certificates or papers required by state	4817
officers for official purpose, no charge shall be made.	4818

(2) For creating and affixing the seal of the office of the	4819
secretary of state to the certificates described in division (E)	4820
of section 1701.81, division (E) of section 1701.811, division (E)	4821
of section 1705.38, division (E) of section 1705.381, division (D)	4822
of section 1702.43, division (E) of section 1775.47, division (E)	4823
of section 1775.55, division (E) of section 1776.70, division (E)	4824
of section 1776.74, division (E) of section 1782.433, or division	4825
(E) of section 1782.4310 of the Revised Code, twenty-five dollars.	4826

(L) For a minister's license to solemnize marriages, ten	4827
dollars;	4828

(M) For examining documents to be filed at a later date for	4829
the purpose of advising as to the acceptability of the proposed	4830
filing, fifty dollars;	4831

(N) Fifty dollars for filing and recording any of the	4832
following:	4833

(1) A certificate of dissolution and accompanying documents,	4834
or a certificate of cancellation, under section 1701.86, 1702.47,	4835
1705.43, 1776.65, or 1782.10 of the Revised Code;	4836

(2) A notice of dissolution of a foreign licensed corporation	4837
or a certificate of surrender of license by a foreign licensed	4838
corporation under section 1703.17 of the Revised Code;	4839

(3) The withdrawal of registration of a foreign or domestic	4840
limited liability partnership under section 1775.61, 1775.64,	4841
1776.81, or 1776.86 of the Revised Code, or the certificate of	4842
cancellation of registration of a foreign limited liability	4843
company under section 1705.57 of the Revised Code;	4844

(4) The filing of a statement of denial under section 1776.34	4845
of the Revised Code, a statement of dissociation under section	4846
1776.57 of the Revised Code, a statement of disclaimer of general	4847
partner status under Chapter 1782. of the Revised Code, or a	4848
cancellation of disclaimer of general partner status under Chapter	4849
1782. of the Revised Code.	4850

(O) For filing a statement of continued existence by a	4851
nonprofit corporation, twenty-five dollars;	4852

(P) For filing a restatement under section 1705.08 or 1782.09	4853
of the Revised Code, an amendment to a certificate of cancellation	4854
under section 1782.10 of the Revised Code, an amendment under	4855
section 1705.08 or 1782.09 of the Revised Code, or a correction	4856
under section 1705.55, 1775.61, 1775.64, 1776.12, or 1782.52 of	4857
the Revised Code, fifty dollars;	4858

(Q) For filing for reinstatement of an entity cancelled by	4859
operation of law, by the secretary of state, by order of the	4860
department of taxation, or by order of a court, twenty-five	4861
dollars;	4862

(R) For filing aand recording any of the following:

4863

(1) A change of agent, resignation of agent, or change of	4864
agent's address under section 1701.07, 1702.06, 1703.041, 1703.27,	4865
1705.06, 1705.55, 1746.04, 1747.03, 1776.07, or 1782.04 of the	4866
Revised Code, twenty-five dollars;	4867

(2) A multiple change of agent name or address,	4868
standardization of agent address, or resignation of agent under	4869
section 1701.07, 1702.06, 1703.041, 1703.27, 1705.06, 1705.55,	4870
1746.04, 1747.03, 1776.07, or 1782.04 of the Revised Code, one	4871
hundred twenty-five dollars, plus three dollars per entity record	4872
being changed, by the multiple agent update.	4873

(S) For filing and recording any of the following:

4874

(1) An application for the exclusive right to use a name or	4875
an application to reserve a name for future use under section	4876
1701.05, 1702.05, 1703.31, 1705.05, or 1746.06 of the Revised	4877
Code, fifty dollars;	4878

(2) A trade name or fictitious name registration or report,	4879
fifty dollars;	4880

(3) An application to renew any item covered by division	4881
(S)(1) or (2) of this section that is permitted to be renewed,	4882
twenty-five dollars;	4883

(4) An assignment of rights for use of a name covered by	4884
division (S)(1), (2), or (3) of this section, the cancellation of	4885
a name registration or name reservation that is so covered, or	4886
notice of a change of address of the registrant of a name that is	4887
so covered, twenty-five dollars.	4888

(T) For filing and recording a report to operate a business	4889
trust or a real estate investment trust, either foreign or	4890
domestic, one hundred twenty-five dollars; and for filing and	4891
recording an amendment to a report or associated trust instrument,	4892
or a surrender of authority, to operate a business trust or real	4893
estate investment trust, fifty dollars;	4894

(U)(1) For filing and recording the registration of a	4895
trademark, service mark, or mark of ownership, one hundred	4896
twenty-five dollars;	4897

(2) For filing and recording the change of address of a	4898
registrant, the assignment of rights to a registration, a renewal	4899
of a registration, or the cancellation of a registration	4900
associated with a trademark, service mark, or mark of ownership,	4901
twenty-five dollars.	4902

(V) For filing a service of process with the secretary of	4903
state, five dollars, except as otherwise provided in any section	4904
of the Revised Code.	4905

Fees specified in this section may be paid by cash, check, or	4906
money order, by credit card in accordance with section 113.40 of	4907
the Revised Code, or by an alternative payment program in	4908
accordance with division (B) of section 111.18 of the Revised	4909
Code. Any credit card number or the expiration date of any credit	4910
card is not subject to disclosure under Chapter 149. of the	4911
Revised Code.	4912

Sec. 111.18. (A) The secretary of state shall keep a record	4913
of all fees collected by the secretary of state and, ~~subject to~~	4914
~~division (B) of section 1309.528 of the Revised Code and~~ except as	4915
otherwise provided in the Revised Code, shall pay them into the	4916
state treasury to the credit of the corporate and uniform	4917
commercial code filing fund created by section 1309.528 of the	4918
Revised Code.	4919

(B) The secretary of state may implement alternative payment	4920
programs that permit payment of any fee charged by the secretary	4921
of state by means other than cash, check, money order, or credit	4922
card; an alternative payment program may include, but is not	4923
limited to, one that permits a fee to be paid by electronic means	4924
of transmission. Fees paid under an alternative payment program	4925
shall be deposited to the credit of the secretary of state	4926
alternative payment program fund, which is hereby created in the	4927
state treasury. Any investment income of the secretary of state	4928
alternative payment program fund shall be credited to that fund	4929
and used to operate the alternative payment program. Within two	4930
working days following the deposit of funds to the credit of the	4931
secretary of state alternative payment program fund, the secretary	4932
of state shall pay those funds to the credit of the corporate and	4933
uniform commercial code filing fund, subject to division (B) of	4934
section 1309.401 of the Revised Code and except as otherwise	4935
provided in the Revised Code.	4936

The secretary of state shall adopt rules necessary to carry	4937
out the purposes of this division.	4938

Sec. 111.181. There is hereby created in the state treasury	4939
the information systems fund. The fund shall receive revenues from	4940
fees charged to customers for special database requests, including	4941
corporate and uniform commercial code filings. The secretary of	4942
state shall use the fund for information technology related	4943
expenses of the office.	4944

Sec. 111.28. (A) There is hereby created in the state	4945
treasury the help America vote act (HAVA) fund. All moneys	4946
received by the secretary of state from the United States election	4947
assistance commission shall be credited to the fund. The secretary	4948
of state shall use the moneys credited to the fund for activities	4949
conducted pursuant to the "Help America Vote Act of 2002," Pub. L.	4950
No. 107-252, 116 Stat. 1666. All investment earnings of the fund	4951
shall be credited to the fund.	4952

(B) There is hereby created in the state treasury the	4953
election reform/health and human services fund. All moneys	4954
received by the secretary of state from the United States	4955
department of health and human services shall be credited to the	4956
fund. The secretary of state shall use the moneys credited to the	4957
fund for activities conducted pursuant to grants awarded to the	4958
state under Title II, Subtitle D, Sections 261 to 265 of the Help	4959
America Vote Act of 2002 to assure access for individuals with	4960
disabilities. All investment earnings of the fund shall be	4961
credited to the fund.	4962

Sec. 111.29. There is hereby created in the state treasury	4963
the citizen education fund. The fund shall receive gifts, grants,	4964
fees, and donations from private individuals and entities for	4965
voter education purposes. The secretary of state shall use the	4966
moneys credited to the fund for preparing, printing, and	4967
distributing voter registration and educational materials and for	4968
conducting related workshops and conferences for public education.	4969

Sec. 117.101. The auditor of state shall provide, operate,	4970
and maintain a uniform and compatible computerized financial	4971
management and accounting system known as the uniform accounting	4972
network. The network shall be designed to provide public offices,	4973
other than state agencies and the Ohio education computer network	4974
and public school districts, with efficient and economical access	4975
to data processing and management information facilities and	4976
expertise. In accordance with this objective, activities of the	4977
network shall include, but not be limited to, provision,	4978
maintenance, and operation of the following facilities and	4979
services:	4980

(A) A cooperative program of technical assistance for public	4981
offices, other than state agencies and the Ohio education computer	4982
network and public school districts, including, but not limited	4983
to, an adequate computer software system and a data base;	4984

(B) An information processing service center providing	4985
approved computerized financial accounting and reporting services	4986
to participating public offices.	4987

The auditor of state and any public office, other than a	4988
state agency and the Ohio education computer network and public	4989
school districts, may enter into any necessary agreements, without	4990
advertisement or bidding, for the provision of necessary goods,	4991
materials, supplies, and services to such public offices by the	4992
auditor of state through the network.	4993

The auditor of state may, by rule, provide for a system of	4994
user fees to be charged participating public offices for goods,	4995
materials, supplies, and services received from the network. All	4996
such fees shall be paid into the state treasury to the credit of	4997
the uniform accounting network fund, which is hereby created. The	4998
fund shall be used by the auditor of state to pay the costs of	4999
establishing and maintaining the network. The fund shall be	5000
assessed a proportionate share of the auditor of state's	5001
administrative costs in accordance with procedures prescribed by	5002
the auditor of state ~~and approved by the director of budget and~~	5003
~~management~~.	5004

Sec. 117.13. (A) The costs of audits of state agencies shall	5005
be recovered by the auditor of state in the following manner:	5006

(1) The costs of all audits of state agencies shall be paid	5007
to the auditor of state on statements rendered by the auditor of	5008
state. Money so received by the auditor of state shall be paid	5009
into the state treasury to the credit of the public audit expense	5010
fund--intrastate, which is hereby created, and shall be used to	5011
pay costs related to such audits. The costs of audits of a state	5012
agency shall be charged to the state agency being audited. The	5013
costs of any assistant auditor, employee, or expert employed	5014
pursuant to section 117.09 of the Revised Code called upon to	5015
testify in any legal proceedings in regard to any audit, or called	5016
upon to review or discuss any matter related to any audit, may be	5017
charged to the state agency to which the audit relates.	5018

(2) The auditor of state shall establish by rule rates to be	5019
charged to state agencies for recovering the costs of audits of	5020
state agencies.	5021

(B) As used in this division, "government auditing standards"	5022
means the government auditing standards published by the	5023
comptroller general of the United States general accounting	5024
office.	5025

(1) Except as provided in divisions (B)(2) and (3) of this	5026
section, any costs of an audit of a private institution,	5027
association, board, or corporation receiving public money for its	5028
use shall be charged to the public office providing the public	5029
money in the same manner as costs of an audit of the public	5030
office.	5031

(2) If an audit of a private child placing agency or private	5032
noncustodial agency receiving public money from a public children	5033
services agency for providing child welfare or child protection	5034
services sets forth that money has been illegally expended,	5035
converted, misappropriated, or is unaccounted for, the costs of	5036
the audit shall be charged to the agency being audited in the same	5037
manner as costs of an audit of a public office, unless the	5038
findings are inconsequential, as defined by government auditing	5039
standards.	5040

(3) If such an audit does not set forth that money has been	5041
illegally expended, converted, misappropriated, or is unaccounted	5042
for or sets forth findings that are inconsequential, as defined by	5043
government auditing standards, the costs of the audit shall be	5044
charged as follows:	5045

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

5046

(b) One-third of the costs to the public children services	5047
agency that provided the public money to the agency being audited;	5048

(c) One-third of the costs to the department of job and	5049
family services.	5050

(C) The costs of audits of local public offices shall be	5051
recovered by the auditor of state in the following manner:	5052

(1) The total amount of compensation paid assistant auditors	5053
of state, their expenses, the cost of employees assigned to assist	5054
the assistant auditors of state, the cost of experts employed	5055
pursuant to section 117.09 of the Revised Code, and the cost of	5056
typing, reviewing, and copying reports shall be borne by the	5057
public office to which such assistant auditors of state are so	5058
assigned~~, except that annual vacation and sick leave of assistant~~	5059
~~auditors of state, employees, and typists shall be financed from~~	5060
~~the general revenue fund. The necessary traveling and hotel~~	5061
~~expenses of the deputy inspectors and supervisors of public~~	5062
~~offices shall be paid from the state treasury~~. Assistant auditors	5063
of state shall be compensated by the taxing district or other	5064
public office audited for activities undertaken pursuant to	5065
division (B) of section 117.18 and section 117.24 of the Revised	5066
Code. The costs of any assistant auditor, employee, or expert	5067
employed pursuant to section 117.09 of the Revised Code called	5068
upon to testify in any legal proceedings in regard to any audit,	5069
or called upon to review or discuss any matter related to any	5070
audit, may be charged to the public office to which the audit	5071
relates.	5072

(2) The auditor of state shall certify the amount of such	5073
compensation, expenses, cost of experts, reviewing, copying, and	5074
typing to the fiscal officer of the local public office audited.	5075
The fiscal officer of the local public office shall forthwith draw	5076
a warrant upon the general fund or other appropriate funds of the	5077
local public office to the order of the auditor of state;	5078
provided, that the auditor of state is authorized to negotiate	5079
with any local public office and, upon agreement between the	5080
auditor of state and the local public office, may adopt a schedule	5081
for payment of the amount due under this section. Money so	5082
received by the auditor of state shall be paid into the state	5083
treasury to the credit of the public audit expense fund--local	5084
government, which is hereby created, and shall be used to pay the	5085
compensation, expense, cost of experts and employees, reviewing,	5086
copying, and typing of reports.	5087

(3) At the conclusion of each audit, or analysis and report	5088
made pursuant to section 117.24 of the Revised Code, the auditor	5089
of state shall furnish the fiscal officer of the local public	5090
office audited a statement showing the total cost of the audit, or	5091
of the audit and the analysis and report, and the percentage of	5092
the total cost chargeable to each fund audited. The fiscal officer	5093
may distribute such total cost to each fund audited in accordance	5094
with its percentage of the total cost.	5095

(4) The auditor of state shall provide each local public	5096
office a statement or certification of the amount due from the	5097
public office for services performed by the auditor of state under	5098
this or any other section of the Revised Code, as well as the date	5099
upon which payment is due to the auditor of state. Any local	5100
public office that does not pay the amount due to the auditor of	5101
state by that date may be assessed by the auditor of state for	5102
interest from the date upon which the payment is due at the rate	5103
per annum prescribed by section 5703.47 of the Revised Code. All	5104
interest charges assessed by the auditor of state may be collected	5105
in the same manner as audit costs pursuant to division (D) of this	5106
section.	5107

(5) The auditor of state shall establish by rule rates to be	5108
charged to local public offices for recovering the costs of audits	5109
of local public offices.	5110

(D) If the auditor of state fails to receive payment for any	5111
amount due, including, but not limited to, fines, fees, and costs,	5112
from a public office for services performed under this or any	5113
other section of the Revised Code, the auditor of state may seek	5114
payment through the office of budget and management. (Amounts due	5115
include any amount due to an independent public accountant with	5116
whom the auditor has contracted to perform services, all costs and	5117
fees associated with participation in the uniform accounting	5118
network, and all costs associated with the auditor's provision of	5119
local government services.) Upon certification by the auditor of	5120
state to the director of budget and management of any such amount	5121
due, the director shall withhold from the public office any amount	5122
available, up to and including the amount certified as due, from	5123
any funds under the director's control that belong to or are	5124
lawfully payable or due to the public office. The director shall	5125
promptly pay the amount withheld to the auditor of state. If the	5126
director determines that no funds due and payable to the public	5127
office are available or that insufficient amounts of such funds	5128
are available to cover the amount due, the director shall withhold	5129
and pay to the auditor of state the amounts available and, in the	5130
case of a local public office, certify the remaining amount to the	5131
county auditor of the county in which the local public office is	5132
located. The county auditor shall withhold from the local public	5133
office any amount available, up to and including the amount	5134
certified as due, from any funds under the county auditor's	5135
control and belonging to or lawfully payable or due to the local	5136
public office. The county auditor shall promptly pay any such	5137
amount withheld to the auditor of state.	5138

Sec. 118.023. (A) Upon determining that one or more of the	5139
conditions described in section 118.022 of the Revised Code are	5140
present, the auditor of state shall issue a written declaration of	5141
the existence of a fiscal watch to the municipal corporation,	5142
county, or township and the county budget commission. The fiscal	5143
watch shall be in effect until the auditor of state determines	5144
that none of the conditions are any longer present and cancels the	5145
watch, or until the auditor of state determines that a state of	5146
fiscal emergency exists. The auditor of state, or a designee,	5147
shall provide such technical and support services to the municipal	5148
corporation, county, or township after a fiscal watch has been	5149
declared to exist as the auditor of state considers necessary. ~~The~~	5150
~~controlling board shall provide sufficient funds for any costs~~	5151
~~that the auditor of state may incur in determining if a fiscal~~	5152
~~watch exists and for providing technical and support services.~~	5153

(B) Within one hundred twenty days after the day a written	5154
declaration of the existence of a fiscal watch is issued under	5155
division (A) of this section, the mayor of the municipal	5156
corporation, the board of county commissioners of the county, or	5157
the board of township trustees of the township for which a fiscal	5158
watch was declared shall submit to the auditor of state a	5159
financial recovery plan that shall identify actions to be taken to	5160
eliminate all of the conditions described in section 118.022 of	5161
the Revised Code, include a schedule detailing the approximate	5162
dates for beginning and completing the actions, and include a	5163
five-year forecast reflecting the effects of the actions. The	5164
financial recovery plan is subject to review and approval by the	5165
auditor of state. The auditor of state may extend the amount of	5166
time by which a financial recovery plan is required to be filed,	5167
for good cause shown.	5168

(C) If a feasible financial recovery plan for a municipal	5169
corporation, county, or township for which a fiscal watch was	5170
declared is not submitted within the time period prescribed by	5171
division (B) of this section, or within any extension of time	5172
thereof, the auditor of state shall declare that a fiscal	5173
emergency condition exists under section 118.04 of the Revised	5174
Code in the municipal corporation, county, or township.	5175

Sec. 118.025. (A) The auditor of state shall develop	5176
guidelines for identifying fiscal practices and budgetary	5177
conditions of municipal corporations, counties, and townships	5178
that, if uncorrected, could result in a future declaration of a	5179
fiscal watch or fiscal emergency.	5180

(B) If the auditor of state determines that a municipal	5181
corporation, county, or township is engaging in any of those	5182
practices or that any of those conditions exist, the auditor of	5183
state may declare the municipal corporation, county, or township	5184
to be under a fiscal caution.	5185

(C) When the auditor of state declares a fiscal caution, the	5186
auditor of state shall promptly notify the municipal corporation,	5187
county, or township of that declaration and shall request the	5188
municipal corporation, county, or township to provide written	5189
proposals for discontinuing or correcting the fiscal practices or	5190
budgetary conditions that prompted the declaration and for	5191
preventing the municipal corporation, county, or township from	5192
experiencing further fiscal difficulties that could result in a	5193
declaration of fiscal watch or fiscal emergency.	5194

(D) The auditor of state, or a designee, may visit and	5195
inspect any municipal corporation, county, or township that is	5196
declared to be under a fiscal caution. The auditor of state may	5197
provide technical assistance to the municipal corporation, county,	5198
or township in implementing proposals to eliminate the practices	5199
or budgetary conditions that prompted the declaration of fiscal	5200
caution and may make recommendations concerning those proposals.	5201

(E) If the auditor of state finds that a municipal	5202
corporation, county, or township declared to be under a fiscal	5203
caution has not made reasonable proposals or otherwise taken	5204
action to discontinue or correct the fiscal practices or budgetary	5205
conditions that prompted the declaration of fiscal caution, and if	5206
the auditor of state considers it necessary to prevent further	5207
fiscal decline, the auditor of state may determine that the	5208
municipal corporation, county, or township should be in a state of	5209
fiscal watch.	5210

Sec. 118.04. (A) The existence of a fiscal emergency	5211
condition constitutes a fiscal emergency. The existence of fiscal	5212
emergency conditions shall be determined by the auditor of state.	5213
Such determination, for purposes of this chapter, may be made only	5214
upon the filing with the auditor of state of a written request for	5215
such a determination by the governor, by the county budget	5216
commission, by the mayor of the municipal corporation, or by the	5217
presiding officer of the legislative authority of the municipal	5218
corporation when authorized by a majority of the members of such	5219
legislative authority, by the board of county commissioners, or by	5220
the board of township trustees, or upon initiation by the auditor	5221
of state. The request may designate in general or specific terms,	5222
but without thereby limiting the determination thereto, the	5223
condition or conditions to be examined to determine whether they	5224
constitute fiscal emergency conditions. Promptly upon receipt of	5225
such written request, or upon initiation by the auditor of state,	5226
the auditor of state shall transmit copies of such request or a	5227
written notice of such initiation to the mayor and the presiding	5228
officer of the legislative authority of the municipal corporation	5229
or to the board of county commissioners or the board of township	5230
trustees by personal service or certified mail. Such	5231
determinations shall be set forth in written reports and	5232
supplemental reports, which shall be filed with the mayor, fiscal	5233
officer, and presiding officer of the legislative authority of the	5234
municipal corporation, or with the board of county commissioners	5235
or the board of township trustees, and with the treasurer of	5236
state, secretary of state, governor, director of budget and	5237
management, and county budget commission, within thirty days after	5238
the request. The auditor of state shall so file an initial report	5239
immediately upon determining the existence of any fiscal emergency	5240
condition.	5241

(B) In making such determination, the auditor of state may	5242
rely on reports or other information filed or otherwise made	5243
available by the municipal corporation, county, or township,	5244
accountants' reports, or other sources and data the auditor of	5245
state considers reliable for such purpose. As to the status of	5246
funds or accounts, a determination that the amounts stated in	5247
section 118.03 of the Revised Code are exceeded may be made	5248
without need for determination of the specific amount of the	5249
excess. The auditor of state may engage the services of	5250
independent certified or registered public accountants, including	5251
public accountants engaged or previously engaged by the municipal	5252
corporation, county, or township, to conduct audits or make	5253
reports or render such opinions as the auditor of state considers	5254
desirable with respect to any aspect of the determinations to be	5255
made by the auditor of state.	5256

(C) A determination by the auditor of state under this	5257
section that a fiscal emergency condition does not exist is final	5258
and conclusive and not appealable. A determination by the auditor	5259
of state under this section that a fiscal emergency exists is	5260
final, except that the mayor of any municipal corporation affected	5261
by a determination of the existence of a fiscal emergency	5262
condition under this section, when authorized by a majority of the	5263
members of the legislative authority, or the board of county	5264
commissioners or board of township trustees, may appeal the	5265
determination of the existence of a fiscal emergency condition to	5266
the court of appeals having territorial jurisdiction over the	5267
municipal corporation, county, or township. The appeal shall be	5268
heard expeditiously by the court of appeals and for good cause	5269
shown shall take precedence over all other civil matters except	5270
earlier matters of the same character. Notice of such appeal must	5271
be filed with the auditor of state and such court within thirty	5272
days after certification by the auditor of state to the mayor and	5273
presiding officer of the legislative authority of the municipal	5274
corporation or to the board of county commissioners or board of	5275
township trustees as provided for in division (A) of this section.	5276
In such appeal, determinations of the auditor of state shall be	5277
presumed to be valid and the municipal corporation, county, or	5278
township shall have the burden of proving, by clear and convincing	5279
evidence, that each of the determinations made by the auditor of	5280
state as to the existence of a fiscal emergency condition under	5281
section 118.03 of the Revised Code was in error. If the municipal	5282
corporation, county, or township fails, upon presentation of its	5283
case, to prove by clear and convincing evidence that each such	5284
determination by the auditor of state was in error, the court	5285
shall dismiss the appeal. The municipal corporation, county, or	5286
township and the auditor of state may introduce any evidence	5287
relevant to the existence or nonexistence of such fiscal emergency	5288
conditions at the times indicated in the applicable provisions of	5289
divisions (A) and (B) of section 118.03 of the Revised Code. The	5290
pendency of any such appeal shall not affect or impede the	5291
operations of this chapter; no restraining order, temporary	5292
injunction, or other similar restraint upon actions consistent	5293
with this chapter shall be imposed by the court or any court	5294
pending determination of such appeal; and all things may be done	5295
under this chapter that may be done regardless of the pendency of	5296
any such appeal. Any action taken or contract executed pursuant to	5297
this chapter during the pendency of such appeal is valid and	5298
enforceable among all parties, notwithstanding the decision in	5299
such appeal. If the court of appeals reverses the determination of	5300
the existence of a fiscal emergency condition by the auditor of	5301
state, the determination no longer has any effect, and any	5302
procedures undertaken as a result of the determination shall be	5303
terminated.	5304

(D) All expenses incurred by the auditor of state relating to	5305
a determination or termination of a fiscal emergency under this	5306
section or, a fiscal watch under section 118.021 of the Revised	5307
Code, or a fiscal caution under section 118.025 of the Revised	5308
Code, including providing technical and support services, shall be	5309
reimbursed from an appropriation for that purpose. If necessary,	5310
the controlling board may provide sufficient funds for these	5311
purposes.	5312

Sec. 118.05. (A) Pursuant to the powers of the general	5313
assembly and for the purposes of this chapter, upon the occurrence	5314
of a fiscal emergency in any municipal corporation, county, or	5315
township, as determined pursuant to section 118.04 of the Revised	5316
Code, there is established, with respect to that municipal	5317
corporation, county, or township, a body both corporate and	5318
politic constituting an agency and instrumentality of the state	5319
and performing essential governmental functions of the state to be	5320
known as the "financial planning and supervision commission for	5321
............... (name of municipal corporation, county, or	5322
township)," which, in that name, may exercise all authority vested	5323
in such a commission by this chapter. AExcept as otherwise	5324
provided in division (L) of this section, a separate commission is	5325
established with respect to each municipal corporation, county, or	5326
township as to which there is a fiscal emergency as determined	5327
under this chapter.	5328

(B) A commission shall consist of the following voting	5329
members:	5330

(1) Four ex officio members: the treasurer of state; the	5331
director of budget and management; in the case of a municipal	5332
corporation, the mayor of the municipal corporation and the	5333
presiding officer of the legislative authority of the municipal	5334
corporation; in the case of a county, the president of the board	5335
of county commissioners and the county auditor; and in the case of	5336
a township, a member of the board of township trustees and the	5337
county auditor.	5338

The treasurer of state may designate a deputy treasurer or	5339
director within the office of the treasurer of state or any other	5340
appropriate person who is not an employee of the treasurer of	5341
state's office; the director of budget and management may	5342
designate an individual within the office of budget and management	5343
or any other appropriate person who is not an employee of the	5344
office of budget and management; ~~the mayor may designate a~~	5345
~~responsible official within the mayor's office or the fiscal~~	5346
~~officer of the municipal corporation;~~ the presiding officer of the	5347
legislative authority of the municipal corporation may designate	5348
any other member of the legislative authority; the board of county	5349
commissioners may designate any other member of the board or the	5350
fiscal officer of the county; and the board of township trustees	5351
may designate any other member of the board or the fiscal officer	5352
of the township to attend the meetings of the commission when the	5353
ex officio member is absent or unable for any reason to attend. A	5354
designee, when present, shall be counted in determining whether a	5355
quorum is present at any meeting of the commission and may vote	5356
and participate in all proceedings and actions of the commission.	5357
The designations shall be in writing, executed by the ex officio	5358
member or entity making the designation, and filed with the	5359
secretary of the commission. The designations may be changed from	5360
time to time in like manner, but due regard shall be given to the	5361
need for continuity.	5362

(2) If a municipal corporation, county, or township has a	5363
population of at least one thousand, three members nominated and	5364
appointed as follows:	5365

The mayor and presiding officer of the legislative authority	5366
of the municipal corporation, the board of county commissioners,	5367
or the board of township trustees shall, within ten days after the	5368
determination of the fiscal emergency by the auditor of state	5369
under section 118.04 of the Revised Code, submit in writing to the	5370
governor the nomination of five persons agreed to by them and	5371
meeting the qualifications set forth in this division. If the	5372
governor is not satisfied that at least three of the nominees are	5373
well qualified, the governor shall notify the mayor and presiding	5374
officer, or the board of county commissioners, or the board of	5375
township trustees to submit in writing, within five days,	5376
additional nominees agreed upon by them, not exceeding three. The	5377
governor shall appoint three members from all the agreed-upon	5378
nominees so submitted or a lesser number that the governor	5379
considers well qualified within thirty days after receipt of the	5380
nominations, and shall fill any remaining positions on the	5381
commission by appointment of any other persons meeting the	5382
qualifications set forth in this division. All appointments by the	5383
governor shall be made with the advice and consent of the senate.	5384
Each of the three appointed members shall serve during the life of	5385
the commission, subject to removal by the governor for	5386
misfeasance, nonfeasance, or malfeasance in office. In the event	5387
of the death, resignation, incapacity, removal, or ineligibility	5388
to serve of an appointed member, the governor, pursuant to the	5389
process for original appointment, shall appoint a successor.	5390

~~(3) If a municipal corporation, county, or township has a~~	5391
~~population of less than one thousand, one member nominated and~~	5392
~~appointed as follows:~~	5393

~~The mayor and presiding officer of the legislative authority~~	5394
~~of the municipal corporation, the board of county commissioners,~~	5395
~~or the board of township trustees shall, within ten days after the~~	5396
~~determination of the fiscal emergency by the auditor of state~~	5397
~~under section 118.04 of the Revised Code, submit in writing to the~~	5398
~~governor the nomination of three persons agreed to by them and~~	5399
~~meeting the qualifications set forth in this division. If the~~	5400
~~governor is not satisfied that at least one of the nominees is~~	5401
~~well qualified, the governor shall notify the mayor and presiding~~	5402
~~officer, or the board of county commissioners, or the board of~~	5403
~~township trustees to submit in writing, within five days,~~	5404
~~additional nominees agreed upon by them, not exceeding three. The~~	5405
~~governor shall appoint one member from all the agreed-upon~~	5406
~~nominees so submitted or shall fill the position on the commission~~	5407
~~by appointment of any other person meeting the qualifications set~~	5408
~~forth in this division. All appointments by the governor shall be~~	5409
~~made with the advice and consent of the senate. The appointed~~	5410
~~member shall serve during the life of the commission, subject to~~	5411
~~removal by the governor for misfeasance, nonfeasance, or~~	5412
~~malfeasance in office. In the event of the death, resignation,~~	5413
~~incapacity, removal, or ineligibility to serve of the appointed~~	5414
~~member, the governor, pursuant to the process for original~~	5415
~~appointment, shall appoint a successor.~~	5416

Each appointed member shall be an individual:

5417

(a) Who has knowledge and experience in financial matters,	5418
financial management, or business organization or operations;	5419

(b) Whose residency, office, or principal place of	5420
professional or business activity is situated within the municipal	5421
corporation, county, or township;	5422

(c) Who shall not become a candidate for elected public	5423
office while serving as a member of the commission.	5424

(C) Immediately after appointment of the initial appointed	5425
~~member or~~ members of the commission, the governor shall call the	5426
first meeting of the commission and shall cause written notice of	5427
the time, date, and place of the first meeting to be given to each	5428
member of the commission at least forty-eight hours in advance of	5429
the meeting.	5430

(D) The director of budget and management shall serve as	5431
chairperson of the commission. The commission shall elect one of	5432
its members to serve as vice-chairperson and may appoint a	5433
secretary and any other officers, who need not be members of the	5434
commission, it considers necessary. The chairperson may remove a	5435
member appointed by the governor if that member fails to attend	5436
three consecutive meetings. In that event, the governor shall fill	5437
the vacancy in the same manner as the original appointment.	5438

(E) The commission may adopt and alter bylaws and rules,	5439
which shall not be subject to section 111.15 or Chapter 119. of	5440
the Revised Code, for the conduct of its affairs and for the	5441
manner, subject to this chapter, in which its powers and functions	5442
shall be exercised and embodied.	5443

(F) Four members of a commission established pursuant to	5444
divisions (B)(1) and (2) of this section constitute a quorum of	5445
the commission. ~~The affirmative vote of a majority of the members~~	5446
~~of such a commission is necessary for any action taken by vote of~~	5447
~~the commission. Three members of a commission established pursuant~~	5448
~~to divisions (B)(1) and (3) of this section constitute a quorum of~~	5449
~~the commission.~~ The affirmative vote of a majority of the members	5450
of ~~such a~~the commission is necessary for any action taken by vote	5451
of the commission. No vacancy in the membership of the commission	5452
shall impair the rights of a quorum by such vote to exercise all	5453
the rights and perform all the duties of the commission. Members	5454
of the commission, and their designees, are not disqualified from	5455
voting by reason of the functions of the other office they hold	5456
and are not disqualified from exercising the functions of the	5457
other office with respect to the municipal corporation, county, or	5458
township, its officers, or the commission.	5459

(G) The auditor of state shall serve as the "financial	5460
supervisor" to the commission unless the auditor of state elects	5461
to contract for that service. As used in this chapter, "financial	5462
supervisor" means the auditor of state.	5463

(H) At the request of the commission, the auditor of state	5464
shall designate employees of the auditor of state's office to	5465
assist the commission and the financial supervisor and to	5466
coordinate the work of the auditor of state's office and the	5467
financial supervisor. Upon the determination of a fiscal emergency	5468
in any municipal corporation, county, or township, the municipal	5469
corporation, county, or township shall provide the commission with	5470
such reasonable office space in the principal building housing	5471
city, county, or township government, where feasible, as it	5472
determines is necessary to carry out its duties under this	5473
chapter.	5474

(I) The financial supervisor, the members of the commission,	5475
the auditor of state, and any person authorized to act on behalf	5476
of or assist them shall not be personally liable or subject to any	5477
suit, judgment, or claim for damages resulting from the exercise	5478
of or failure to exercise the powers, duties, and functions	5479
granted to them in regard to their functioning under this chapter,	5480
but the commission, the financial supervisor, the auditor of	5481
state, and those other persons shall be subject to mandamus	5482
proceedings to compel performance of their duties under this	5483
chapter and with respect to any debt obligations issued pursuant	5484
or subject to this chapter.	5485

(J) At the request of the commission, the administrative head	5486
of any state agency shall temporarily assign personnel skilled in	5487
accounting and budgeting procedures to assist the commission or	5488
the financial supervisor in its duties as financial supervisor.	5489

(K) The appointed members of the commission are not subject	5490
to section 102.02 of the Revised Code. Each appointed member of	5491
the commission shall file with the commission a signed written	5492
statement setting forth the general nature of sales of goods,	5493
property, or services or of loans to the municipal corporation,	5494
county, or township with respect to which that commission is	5495
established, in which the appointed member has a pecuniary	5496
interest or in which any member of the appointed member's	5497
immediate family, as defined in section 102.01 of the Revised	5498
Code, or any corporation, partnership, or enterprise of which the	5499
appointed member is an officer, director, or partner, or of which	5500
the appointed member or a member of the appointed member's	5501
immediate family, as so defined, owns more than a five per cent	5502
interest, has a pecuniary interest, and of which sale, loan, or	5503
interest such member has knowledge. The statement shall be	5504
supplemented from time to time to reflect changes in the general	5505
nature of any such sales or loans.	5506

(L) A commission is not established with respect to any	5507
village or township with a population of less than one thousand as	5508
of the most recent federal decennial census. Upon the occurrence	5509
of a fiscal emergency in such a village or township, the auditor	5510
of state shall serve as the financial supervisor of the village or	5511
township and shall have all the powers and responsibilities of a	5512
commission.	5513

Sec. 118.06. (A) Within one hundred twenty days after the	5514
first meeting of the commission, the mayor of the municipal	5515
corporation or the board of county commissioners or board of	5516
township trustees shall submit to the commission a detailed	5517
financial plan, as approved or amended and approved by ordinance	5518
or resolution of the legislative authority, containing the	5519
following:	5520

(1) Actions to be taken by the municipal corporation, county,	5521
or township to:	5522

(a) Eliminate all fiscal emergency conditions determined to	5523
exist pursuant to section 118.04 of the Revised Code;	5524

(b) Satisfy any judgments, past due accounts payable, and all	5525
past due and payable payroll and fringe benefits;	5526

5527

(d) Restore to construction funds and other special funds	5528
moneys from such funds that were used for purposes not within the	5529
purposes of such funds, or borrowed from such construction funds	5530
by the purchase of debt obligations of the municipal corporation,	5531
county, or township with the moneys of such funds, or missing from	5532
the construction funds or such special funds and not accounted	5533
for;	5534

(e) Balance the budgets, avoid future deficits in any funds,	5535
and maintain current payments of payroll, fringe benefits, and all	5536
accounts;	5537

(f) Avoid any fiscal emergency condition in the future;

5538

(g) Restore the ability of the municipal corporation, county,	5539
or township to market long-term general obligation bonds under	5540
provisions of law applicable to municipal corporations, counties,	5541
or townships generally.	5542

(2) The legal authorities permitting the municipal	5543
corporation, county, or township to take the actions enumerated	5544
pursuant to division (A)(1) of this section;	5545

(3) The approximate dates of the commencement, progress upon,	5546
and completion of the actions enumerated pursuant to division	5547
(A)(1) of this section, a five-year forecast reflecting the	5548
effects of those actions, and a reasonable period of time	5549
expected to be required to implement the plan. The municipal	5550
corporation, county, or township, in consultation with the	5551
commission and the financial supervisor, shall prepare a	5552
reasonable time schedule for progress toward and achievement of	5553
the requirements for the financial plan and the financial plan	5554
shall be consistent with that time schedule.	5555

(4) The amount and purpose of any issue of debt obligations	5556
that will be issued, together with assurances that any such debt	5557
obligations that will be issued will not exceed debt limits	5558
supported by appropriate certifications by the fiscal officer of	5559
the municipal corporation, county, or township and the county	5560
auditor;	5561

(5) Assurances that the municipal corporation, county, or	5562
township will establish monthly levels of expenditures and	5563
encumbrances pursuant to division (B)(2) of section 118.07 of the	5564
Revised Code;	5565

(6) Assurances that the municipal corporation, county, or	5566
township will conform to statutes with respect to tax budgets and	5567
appropriation measures;	5568

(7) The detail, the form, and the supporting information that	5569
the commission may direct.	5570

(B) The financial plan developed pursuant to division (A) of	5571
this section shall be filed with the financial supervisor and the	5572
financial planning and supervision commission and shall be updated	5573
annually. After consultation with the financial supervisor, the	5574
commission shall either approve or reject any initial or	5575
subsequent financial plan. If the commission rejects the initial	5576
or any subsequent financial plan, it shall forthwith inform the	5577
mayor and legislative authority of the municipal corporation or	5578
the board of county commissioners or board of township trustees of	5579
the reasons for its rejection. Within thirty days after the	5580
rejection of any plan, the mayor with the approval of the	5581
legislative authority by the passage of an ordinance or	5582
resolution, or the board of county commissioners or board of	5583
township trustees, shall submit another plan meeting the	5584
requirements of divisions (A)(1) to (7) of this section, to the	5585
commission and the financial supervisor for approval or rejection	5586
by the commission.	5587

(C) Any initial or subsequent financial plan passed by the	5588
municipal corporation, county, or township shall be approved by	5589
the commission if it complies with divisions (A)(1) to (7) of this	5590
section, and if the commission finds that the plan is bona fide	5591
and can reasonably be expected to be implemented within the period	5592
specified in the plan.	5593

(D) Any financial plan may be amended subsequent to its	5594
adoption in the same manner as the passage and approval of the	5595
initial or subsequent plan pursuant to divisions (A) to (C) of	5596
this section.	5597

(E) If a municipal corporation, county, or township fails to	5598
submit a financial plan as required by this section, or fails to	5599
substantially comply with an approved financial plan, upon	5600
certification of the commission, all state funding for that	5601
municipal corporation, county, or township other than benefit	5602
assistance to individuals shall be escrowed until a feasible plan	5603
is submitted and approved or substantial compliance with the plan	5604
is achieved, as the case may be.	5605

Sec. 118.12. (A) After the date by which the municipal	5606
corporation, county, or township is required to submit a financial	5607
plan or segment of a financial plan to the financial planning and	5608
supervision commission, if the municipal corporation, county, or	5609
township has failed to submit a financial plan or segment as	5610
required by this chapter, expenditures from the general fund of	5611
the municipal corporation, county, or township in any month may	5612
not exceed eighty-five per cent of expenditures from the general	5613
fund for such month in the preceding fiscal year, except the	5614
commission may authorize a higher per cent for any month upon	5615
justification of need by the municipal corporation, county, or	5616
township. If considered prudent by the commission, expenditures	5617
from any other fund of the municipal corporation, county, or	5618
township also may be limited.	5619

(B) After submission of a proposed financial plan by the	5620
municipal corporation, county, or township to the commission,	5621
until approval or disapproval no expenditure may be made contrary	5622
to such proposed financial plan.	5623

(C) After disapproval by the commission of a proposed	5624
financial plan, no expenditure may be made by the municipal	5625
corporation, county, or township inconsistent with the reasons for	5626
disapproval given pursuant to division (B) of section 118.06 of	5627
the Revised Code; and if the municipal corporation, county, or	5628
township fails to submit a revised financial plan within the time	5629
required, the expenditure limits of division (A) of this section	5630
are applicable.	5631

(D) After approval of a financial plan, or any amendment	5632
thereof, no expenditure may be made contrary to the approved	5633
financial plan, or amendment thereof, without the advance approval	5634
of the financial supervisor. The commission, by a majority vote,	5635
may overrule the decision of the financial supervisor.	5636

Sec. 118.17. (A) During a fiscal emergency period and with	5637
the approval of the financial planning and supervision commission,	5638
a municipal corporation, county, or township may issue local	5639
government fund notes, in anticipation of amounts to be allocated	5640
to it pursuant to division (B) of section 5747.50 of the Revised	5641
Code or to be apportioned to it under section 5747.51 or 5747.53	5642
of the Revised Code in a future year or years, for a period of no	5643
more than eight calendar years. The principal amount of the notes	5644
and interest on the notes due and payable in any year shall not	5645
exceed fifty per cent of the total amount of local government fund	5646
moneys so allocated or apportioned to the municipal corporation,	5647
county, or township for the year preceding the year in which the	5648
notes are issued. The notes may mature in semiannual or annual	5649
installments in such amounts as may be fixed by the commission,	5650
and need not mature in substantially equal semiannual or annual	5651
installments. The notes of a municipal corporation may be	5652
authorized and issued, subject to the approval of the commission,	5653
in the manner provided in sections 717.15 and 717.16 of the	5654
Revised Code, except that, notwithstanding division (A)(2) of	5655
section 717.16 of the Revised Code, the rate or rates of interest	5656
payable on the notes shall be the prevailing market rate or rates	5657
as determined and approved by the commission, and except that they	5658
shall not be issued in anticipation of bonds, shall not constitute	5659
general obligations of the municipal corporation, and shall not	5660
pledge the full faith and credit of the municipal corporation.	5661

(B) The principal and interest on the notes provided for in	5662
this section shall be payable, as provided in this section, solely	5663
from the portion of the local government fund that would otherwise	5664
be apportioned to the municipal corporation, county, or township	5665
and shall not be payable from or constitute a pledge of or claim	5666
upon, or require the levy, collection, or application of, any	5667
unvoted ad valorem property taxes or other taxes, or in any manner	5668
occupy any portion of the indirect debt limit.	5669

(C) Local government fund notes may be issued only to the	5670
extent needed to achieve one or more of the following objectives	5671
of the financial plan:	5672

(1) Satisfying any contractual or noncontractual judgments,	5673
past due accounts payable, and all past due and payable payroll	5674
and fringe benefits to be taken into account under section 118.03	5675
of the Revised Code;	5676

(2) Restoring to construction funds or other restricted funds	5677
any money applied from such funds to uses not within the purposes	5678
of such funds and which could not be transferred to such use under	5679
section 5705.14 of the Revised Code;	5680

(3) Eliminating deficit balances in all deficit funds,	5681
including funds that may be used to pay operating expenses.	5682

In addition to the objectives set forth in divisions (C)(1)	5683
to (3) of this section, local government fund notes may be issued	5684
and the proceeds of those notes may be used for the purpose of	5685
retiring or replacing other moneys used to retire current revenue	5686
notes issued pursuant to section 118.23 of the Revised Code to the	5687
extent that the proceeds of the current revenue notes have been or	5688
are to be used directly or to replace other moneys used to achieve	5689
one or more of the objectives of the financial plan specified in	5690
divisions (C)(1) to (3) of this section. Upon authorization of the	5691
local government fund notes by the legislative authority of the	5692
municipal corporation, county, or township, the proceeds of the	5693
local government fund notes and the proceeds of any such current	5694
revenue notes shall be deemed to be appropriated, to the extent	5695
that the proceeds have been or are to be so used, for the purposes	5696
for which the revenues anticipated by any such current revenue	5697
notes are collected and appropriated within the meaning of section	5698
133.10 of the Revised Code.	5699

(D) The need for an issue of local government fund notes for	5700
such purposes shall be determined by taking into consideration	5701
other money and sources of moneys available therefor under this	5702
chapter or other provisions of law, and calculating the respective	5703
amounts needed therefor in accordance with section 118.03 of the	5704
Revised Code, including the deductions or offsets therein	5705
provided, for determining that a fiscal emergency condition	5706
exists, and by eliminating any duplication of amounts thereunder.	5707
The respective amounts needed to achieve such objectives and the	5708
resulting aggregate net amount shall be determined initially by a	5709
certification of the fiscal officer as and to the extent approved	5710
by the financial supervisor. The principal amount of such notes	5711
shall not exceed the aggregate net amount needed for such	5712
purposes. The aggregate amount of all issues of such notes shall	5713
not exceed three times the average of the allocation or	5714
apportionment to the municipal corporation, county, or township of	5715
moneys from the local government fund in each of the three fiscal	5716
years preceding the fiscal year in which the notes are issued.	5717

(E) The proceeds of the sale of local government fund notes	5718
shall be appropriated by the municipal corporation, county, or	5719
township for and shall be applied only to the purposes, and in the	5720
respective amounts for those purposes, set forth in the	5721
certification given pursuant to division (D) of this section, as	5722
the purposes and amounts may be modified in the approval by the	5723
commission provided for in this section. The proceeds shall be	5724
deposited in separate accounts with a fiscal agent designated in	5725
the resolution referred to in division (F) of this section and	5726
released only for such respective purposes in accordance with the	5727
procedures set forth in division (D) of section 118.20 of the	5728
Revised Code. Any amounts not needed for such purposes shall be	5729
deposited with the fiscal agent designated to receive deposits for	5730
payment of the principal of and interest due on the notes.	5731

(F) An application for approval by the financial planning and	5732
supervision commission of an issue of local government fund notes	5733
shall be authorized by a preliminary resolution adopted by the	5734
legislative authority. The resolution may authorize the	5735
application as a part of the initial submission of the financial	5736
plan for approval or as a part of any proposed amendment to an	5737
approved financial plan or at any time after the approval of a	5738
financial plan, or amendment to a financial plan, that proposes	5739
the issue of such notes. The preliminary resolution shall	5740
designate a fiscal agent for the deposit of the proceeds of the	5741
sale of the notes, and shall contain a covenant of the municipal	5742
corporation, county, or township to comply with this chapter and	5743
the financial plan.	5744

The commission shall review and evaluate the application and	5745
supporting certification and financial supervisor action, and	5746
shall thereupon certify its approval or disapproval, or	5747
modification and approval, of the application.	5748

The commission shall certify the amounts, maturities,	5749
interest rates, and terms of issue of the local government fund	5750
notes approved by the commission and the purposes to which the	5751
proceeds of the sale of the notes will be applied in respective	5752
amounts.	5753

The commission shall certify a copy of its approval, of the	5754
preliminary resolution, and of the related certification and	5755
action of the financial supervisor to the fiscal officer, the	5756
financial supervisor, the county budget commission, the county	5757
auditor, the county treasurer, and the fiscal agent designated to	5758
receive and disburse the proceeds of the sale of the notes.	5759

(G) Upon the sale of any local government fund notes issued	5760
under this section, the commission shall determine a schedule for	5761
the deposit of local government fund distributions that are	5762
pledged for the payment of the principal of and interest on the	5763
notes with the fiscal agent or trustee designated in the agreement	5764
between the municipal corporation, county, or township and the	5765
holders of the notes to receive and disburse the distributions.	5766
The amounts to be deposited shall be adequate to provide for the	5767
payment of principal and interest on the notes when due and to pay	5768
all other proper charges, costs, or expenses pertaining thereto.	5769

The amount of the local government fund moneys apportioned to	5770
the municipal corporation, county, or township that is to be so	5771
deposited in each year shall not be included in the tax budget and	5772
appropriation measures of the municipal corporation, county, or	5773
township, or in certificates of estimated revenues, for that year.	5774

The commission shall certify the schedule to the officers	5775
designated in division (F) of this section.	5776

(H) Deposit of amounts with the fiscal agent or trustee	5777
pursuant to the schedule determined by the commission shall be	5778
made from local government fund distributions to or apportioned to	5779
the municipal corporation, county, or township as provided in this	5780
division. The apportionment of local government fund moneys to the	5781
municipal corporation, county, or township for any year from the	5782
undivided local government fund shall be determined as to the	5783
municipal corporation, county, or township without regard to the	5784
amounts to be deposited with the fiscal agent or trustee in that	5785
year in accordance with division (G) of this section. After the	5786
amount of the undivided local government fund apportioned to the	5787
municipal corporation, county, or township for a calendar year is	5788
determined, the county auditor and the county treasurer shall	5789
withhold from each monthly amount to be distributed to the	5790
municipal corporation, county, or township from the undivided	5791
local government fund, and transmit to the fiscal agent or trustee	5792
for deposit, one-twelfth of the amount scheduled for deposit in	5793
that year pursuant to division (G) of this section.	5794

(I) If the commission approves the application, the municipal	5795
corporation, county, or township may proceed with the issuance of	5796
the notes as approved by the commission.	5797

All notes issued under authority of this section are lawful	5798
investments for the entities enumerated in division (A)(1) of	5799
section 133.03 of the Revised Code and are eligible as security	5800
for the repayment of the deposit of public moneys.	5801

Upon the issuance of any notes under this section, the fiscal	5802
officer of the municipal corporation, county, or township shall	5803
certify the fact of the issuance to the county auditor and shall	5804
also certify to the county auditor the last calendar year in which	5805
any of the notes are scheduled to mature.	5806

(J) After the legislative authority of the municipal	5807
corporation, county, or township has passed an ordinance or	5808
resolution authorizing the issuance of local government fund notes	5809
and subsequent to the commission's preliminary or final approval	5810
of the ordinance or resolution, the director of law, prosecuting	5811
attorney, or other chief legal officer of the municipal	5812
corporation, county, or township shall certify a sample of the	5813
form and content of a note to be used to issue the local	5814
government fund notes to the commission. The commission shall	5815
determine whether the sample note is consistent with this section	5816
and the ordinance or resolution authorizing the issuance of the	5817
local government fund notes, and if the sample note is found to be	5818
consistent with this section and the ordinance, the commission	5819
shall approve the sample note for use by the municipal	5820
corporation, county, or township. The form and content of the	5821
notes to be used by the municipal corporation, county, or township	5822
in issuing the local government fund notes may be modified at any	5823
time subsequent to the commission's approval of the sample note	5824
upon the approval of the commission and the director of law,	5825
prosecuting attorney, or other chief legal officer of the	5826
municipal corporation, county, or township. The failure of the	5827
director of law, prosecuting attorney, or other chief legal	5828
officer of the municipal corporation, county, or township to make	5829
the certification required by this division shall not subject that	5830
legal officer to removal pursuant to the Revised Code or the	5831
charter of a municipal corporation. If the director of law,	5832
prosecuting attorney, or other chief legal officer fails or	5833
refuses to make the certification required by this division, or if	5834
any officer of the municipal corporation, county, or township	5835
fails or refuses to take any action required by this section or	5836
the ordinance or resolution authorizing the issuance or sale of	5837
local government fund notes, the mayor of the municipal	5838
corporation or the board of county commissioners or board of	5839
township trustees may cause the commencement of a mandamus action	5840
in the supreme court against the director of law, prosecuting	5841
attorney, or other chief legal officer to secure the certification	5842
required by this division or other action required by this section	5843
or the ordinance or resolution. If an adjudication of the matters	5844
that could be adjudicated in validation proceedings under section	5845
133.70 of the Revised Code is necessary to a determination of the	5846
mandamus action, the mayor, the board of county commissioners, or	5847
the board of township trustees or the mayor's or board's legal	5848
counsel shall name and cause to be served as defendants to the	5849
mandamus action all of the following:	5850

(1) The director of law, prosecuting attorney, or other chief	5851
legal officer, or other official of the municipal corporation,	5852
county, or township, whose failure or refusal to act necessitated	5853
the action;	5854

(2) The municipal corporation, through its mayor, or the	5855
board of county commissioners or board of township trustees;	5856

(3) The financial planning and supervision commission,	5857
through its chairperson;	5858

(4) The prosecuting attorney and auditor of each county in	5859
which the municipal corporation, county, or township is located,	5860
in whole or in part;	5861

(5) The auditor of state;

5862

(6) The property owners, taxpayers, citizens of the municipal	5863
corporation, county, or township and others having or claiming any	5864
right, title, or interest in any property or funds to be affected	5865
by the issuance of the local government fund notes by the	5866
municipal corporation, county, or township, or otherwise affected	5867
in any way thereby.	5868

Service upon all defendants described in division (J)(6) of	5869
this section shall be either by publication three times, with at	5870
least six days between each publication, in a newspaper of general	5871
circulation in Franklin county and a newspaper of general	5872
circulation in the county or counties where the municipal	5873
corporation, county, or township is located, or by publication in	5874
both such newspapers as provided in section 7.16 of the Revised	5875
Code. The publication and the notice shall indicate that the	5876
nature of the action is in mandamus, the name of the parties to	5877
the action, and that the action may result in the validation of	5878
the subject local government fund notes. Authorization to commence	5879
such an action by the legislative authority of the municipal	5880
corporation, county, or township is not required.	5881

A copy of the complaint in the mandamus action shall be	5882
served personally or by certified mail upon the attorney general.	5883
If the attorney general has reason to believe that the complaint	5884
is defective, insufficient, or untrue, or if in the attorney	5885
general's opinion the issuance of the local government fund notes	5886
is not lawful or has not been duly authorized, defense shall be	5887
made to the complaint as the attorney general considers proper.	5888

(K) The action in mandamus authorized by division (J) of this	5889
section shall take priority over all other civil cases pending in	5890
the court, except habeas corpus, and shall be determined with the	5891
least possible delay. The supreme court may determine that the	5892
local government fund notes will be consistent with the purpose	5893
and effects, including not occupying the indirect debt limit,	5894
provided for in this section and will be validly issued and	5895
acquired. Such a determination shall include a finding of	5896
validation of the subject local government fund notes if the court	5897
specifically finds that:	5898

(1) The complaint in mandamus, or subsequent pleadings,	5899
include appropriate allegations required by division (C) of	5900
section 133.70 of the Revised Code, and that the proceeding is in	5901
lieu of an action to validate under section 133.70 of the Revised	5902
Code;	5903

(2) All parties described in divisions (J)(1) to (6) of this	5904
section have been duly served with notice or are otherwise	5905
properly before the court;	5906

(3) Notice of the action has been published as required by	5907
division (J) of this section;	5908

(4) The effect of validation is required to provide a	5909
complete review and determination of the controversy in mandamus,	5910
and to avoid duplication of litigation, danger of inconsistent	5911
results, or inordinate delay in light of the fiscal emergency, or	5912
that a disposition in the mandamus action would, as a practical	5913
matter, be dispositive of any subsequent validation proceedings	5914
under section 133.70 of the Revised Code.	5915

(L) Any decision that includes a finding of validation has	5916
the same effect as a validation order established by an action	5917
under section 133.70 of the Revised Code.	5918

(M) Divisions (J) and (K) of this section do not prevent a	5919
municipal corporation, county, or township from using section	5920
133.70 of the Revised Code to validate local government fund notes	5921
by the filing of a petition for validation in the court of common	5922
pleas of the county in which the municipal corporation, county, or	5923
township is located, in whole or in part.	5924

(N) It is hereby determined by the general assembly that a	5925
validation action authorized by section 133.70 of the Revised Code	5926
is not an adequate remedy at law with respect to a municipal	5927
corporation, county, or township that is a party to a mandamus	5928
action pursuant to divisions (J) and (K) of this section and in	5929
which a fiscal emergency condition has been determined to exist	5930
pursuant to section 118.04 of the Revised Code because of, but not	5931
limited to, the following reasons:	5932

(1) It is urgently necessary for such a municipal	5933
corporation, county, or township to take prompt action to issue	5934
local government fund notes for the purposes provided in division	5935
(C) of this section;	5936

(2) The potentially ruinous effect upon the fiscal condition	5937
of a municipal corporation, county, or township by the passage of	5938
the time required to adjudicate such a separate validation action	5939
and any appeals thereof;	5940

(3) The reasons stated in division (K)(4) of this section.

5941

Sec. 118.31. (A) Upon petition of the financial supervisor	5942
and approval of the financial planning and supervision commission,	5943
if any, the attorney general shall file a court action to dissolve	5944
a municipal corporation or township if all of the following	5945
conditions apply:	5946

(1) The municipal corporation or township has a population of	5947
less than five thousand as of the most recent federal decennial	5948
census.	5949

(2) The municipal corporation or township has been under a	5950
fiscal emergency for at least four consecutive years.	5951

(3) Implementation of the financial plan of the municipal	5952
corporation or township required under this chapter cannot	5953
reasonably be expected to correct and eliminate all fiscal	5954
emergency conditions within five years.	5955

(B) If the court finds that all of the conditions described	5956
in division (A) of this section apply to the municipal corporation	5957
or township, it shall appoint a receiver. The receiver, under	5958
court supervision, shall work with executive and legislative	5959
officers of the municipal corporation or township to wind up the	5960
affairs of and dissolve the municipal corporation in accordance	5961
with section 703.21 of the Revised Code or the township in	5962
accordance with the process in section 503.02 and sections 503.17	5963
to 503.21 of the Revised Code.	5964

Sec. 118.99. (A) During the fiscal emergency period, no	5965
officer or employee of the municipal corporation, county, or	5966
township shall do any of the following:	5967

(1) Knowingly enter into any contract, financial obligation,	5968
or other liability of the municipal corporation, county, or	5969
township involving an expenditure, or make any expenditure in	5970
excess of the amount permitted by section 118.12 of the Revised	5971
Code;	5972

(2) Knowingly enter into any contract, financial obligation,	5973
or other liability of the municipal corporation, county, or	5974
township, or knowingly execute or deliver debt obligations, or	5975
transfer, advance, or borrow moneys from one fund of the municipal	5976
corporation, county, or township to or for any other fund of the	5977
municipal corporation, county, or township where any of such	5978
actions are required to be approved by the financial planning and	5979
supervision commission unless such actions have been so approved	5980
or deemed to be approved as provided in or pursuant to this	5981
chapter;	5982

(3) Knowingly fail or refuse to take any of the actions	5983
required by this chapter for the preparation or amendment of the	5984
financial plan, or knowingly prepare, present, or certify any	5985
information or report for the commission or any of its employees,	5986
advisory committees, task forces, or agents that is false or	5987
misleading or which is recklessly prepared or presented without	5988
due care for its accuracy, or, upon learning that any such	5989
information is false or misleading, or was recklessly prepared or	5990
presented, knowingly fail promptly to advise the commission, or	5991
the employee, advisory committee, task force, or agent to whom	5992
such information was given, of that fact;	5993

(4) Knowingly use or cause to be used moneys of a	5994
construction fund for purposes other than the lawful purposes of	5995
the construction fund, or knowingly use or cause to be used moneys	5996
of a fund created under this chapter for the payment of principal	5997
and interest on debt obligations, or a bond retirement fund, or	5998
sinking fund for other than the payment of the principal of and	5999
interest on debt obligations or other authorized costs or payments	6000
from such funds, or knowingly fail to perform the duty of such	6001
officer or employee to cause the prompt deposit of moneys to any	6002
of the funds referred to in this division.	6003

(B) The prohibitions set forth in division (A) of this	6004
section are in addition to any other prohibitions provided by law	6005
for a municipal corporation, county, or township, or by or	6006
pursuant to a municipal charter.	6007

(C) In addition to any other penalty or liability provided by	6008
law for a municipal corporation, county, or township, or by or	6009
pursuant to a municipal charter, a violation of division (A)(1),	6010
(2), (3), or (4) of this section is a misdemeanor of the second	6011
degree. Upon conviction of any officer or employee of a municipal	6012
corporation, county, or township for any violation under division	6013
(A)(1), (2), (3), or (4) of this section, such officer or employee	6014
shall forfeit office or employment. For the seven-year period	6015
immediately following the date of conviction, such officer shall	6016
also be ineligible to hold any public office or other position of	6017
trust in this state or be employed by any public entity in this	6018
state.	6019

Sec. 119.032. (A) As used in this section:

6020

(1) "Agency" includes both an agency as defined in division	6021
(A)(2) of section 111.15 and an agency as defined in division (A)	6022
of section 119.01 of the Revised Code.	6023

(2) "Review date" means the review date assigned to a rule by	6024
an agency under division (B) or (E)(2) of this section or under	6025
section 111.15, 119.04, or 4141.14 of the Revised Code or a review	6026
date assigned to a rule by the joint committee on agency rule	6027
review under division (B) of this section.	6028

(3)(a) "Rule" means only a rule whose adoption, amendment, or	6029
rescission is subject to review under division (D) of section	6030
111.15 or division (H) of section 119.03 of the Revised Code.	6031

(b) "Rule" does not include a rule adopted, amended, or	6032
rescinded by the department of taxation under section 5703.14 of	6033
the Revised Code, a rule of a state college or university,	6034
community college district, technical college district, or state	6035
community college, or a rule that is consistent with and	6036
equivalent to the form required by a federal law and that does not	6037
exceed the minimum scope and intent of that federal law.	6038

(B) Not later than March 25, 1997, each agency shall assign a	6039
review date to each of its rules that is currently in effect and	6040
shall notify the joint committee on agency rule review of the	6041
review date for each such rule. The agency shall assign review	6042
dates to its rules so that approximately one-fifth of the rules	6043
are scheduled for review during each calendar year of the	6044
five-year period that begins March 25, 1997, except that an	6045
agency, with the joint committee's approval, may set a review	6046
schedule for the agency's rules in which there is no requirement	6047
that approximately one-fifth of the agency's rules be assigned a	6048
review date during each calendar year of the five-year period but	6049
in which all of the agency's rules are assigned a review date	6050
during that five-year period. An agency may change the review	6051
dates it has assigned to specific rules so long as the agency	6052
complies with the five-year time deadline specified in this	6053
division.	6054

Upon the request of the agency that adopted the rule, the	6055
joint committee on agency rule review may extend a review date of	6056
a rule to a date that is not later than one hundred eighty days	6057
after the original review date assigned to the rule by the agency	6058
under this division, division (E)(2) of this section, or section	6059
111.15, 119.04, or 4141.14 of the Revised Code. The joint	6060
committee may further extend a review date that has been extended	6061
under this paragraph if appropriate under the circumstances.	6062

(C) Prior to the review date of a rule, the agency that	6063
adopted the rule shall review the rule to determine all of the	6064
following:	6065

(1) Whether the rule should be continued without amendment,	6066
be amended, or be rescinded, taking into consideration the	6067
purpose, scope, and intent of the statute under which the rule was	6068
adopted;	6069

(2) Whether the rule needs amendment or rescission to give	6070
more flexibility at the local level;	6071

(3) Whether the rule needs amendment or rescission to	6072
eliminate unnecessary paperwork, or whether the rule incorporates	6073
a text or other material by reference and, if so, whether the text	6074
or other material incorporated by reference is deposited or	6075
displayed as required by section 121.74 of the Revised Code and	6076
whether the incorporation by reference meets the standards stated	6077
in sections 121.72, 121.75, and 121.76 of the Revised Code;	6078

(4) Whether the rule duplicates, overlaps with, or conflicts	6079
with other rules;	6080

(5) Whether the rule has an adverse impact on businesses, as	6081
~~determined~~reviewing the rule as if it were a draft rule being	6082
reviewed under ~~section~~sections 107.52 and 107.53 of the Revised	6083
Code, and whether any such adverse impact has been eliminated or	6084
reduced ~~as required under section 121.82 of the Revised Code~~.	6085

(D) In making the review required under division (C) of this	6086
section, the agency shall consider the continued need for the	6087
rule, the nature of any complaints or comments received concerning	6088
the rule, and any relevant factors that have changed in the	6089
subject matter area affected by the rule.	6090

(E)(1) On or before the designated review date of a rule, the	6091
agency that adopted the rule shall proceed under division (E)(2)	6092
or (5) of this section to indicate that the agency has reviewed	6093
the rule.	6094

(2) If the agency has determined that the rule does not need	6095
to be amended or rescinded, the agency shall file all the	6096
following, in electronic form, with the joint committee on agency	6097
rule review, the secretary of state, and the director of the	6098
legislative service commission: a copy of the rule, a statement of	6099
the agency's determination, and an accurate rule summary and	6100
fiscal analysis for the rule as described in section 127.18 of the	6101
Revised Code. The agency shall assign a new review date to the	6102
rule, which shall not be later than five years after the rule's	6103
immediately preceding review date. After the joint committee has	6104
reviewed such a rule for the first time, including any rule that	6105
was in effect on September 26, 1996, the agency in its subsequent	6106
reviews of the rule may provide the same fiscal analysis it	6107
provided to the joint committee during its immediately preceding	6108
review of the rule unless any of the conditions described in	6109
division (B)(4), (5), (6), (8), (9), or (10) of section 127.18 of	6110
the Revised Code, as they relate to the rule, have appreciably	6111
changed since the joint committee's immediately preceding review	6112
of the rule. If any of these conditions, as they relate to the	6113
rule, have appreciably changed, the agency shall provide the joint	6114
committee with an updated fiscal analysis for the rule. If no	6115
review date is assigned to a rule, or if a review date assigned to	6116
a rule exceeds the five-year maximum, the review date for the rule	6117
is five years after its immediately preceding review date. The	6118
joint committee shall give public notice in the register of Ohio	6119
of the agency's determination after receiving a notice from the	6120
agency under division (E)(2) of this section. The joint committee	6121
shall transmit a copy of the notice in electronic form to the	6122
director of the legislative service commission. The director shall	6123
publish the notice in the register of Ohio for four consecutive	6124
weeks after its receipt.	6125

(3) During the ninety-day period following the date the joint	6126
committee receives a notice under division (E)(2) of this section	6127
but after the four-week period described in division (E)(2) of	6128
this section has ended, the joint committee, by a two-thirds vote	6129
of the members present, may recommend the adoption of a concurrent	6130
resolution invalidating the rule if the joint committee determines	6131
that any of the following apply:	6132

(a) The agency improperly applied the criteria described in	6133
divisions (C) and (D) of this section in reviewing the rule and in	6134
recommending its continuance without amendment or rescission.	6135

(b) The agency failed to file proper notice with the joint	6136
committee regarding the rule, or if the rule incorporates a text	6137
or other material by reference, the agency failed to file, or to	6138
deposit or display, the text or other material incorporated by	6139
reference as required by section 121.73 or 121.74 of the Revised	6140
Code or the incorporation by reference fails to meet the standards	6141
stated in section 121.72, 121.75, or 121.76 of the Revised Code.	6142

(c) The rule has an adverse impact on businesses, as	6143
determined under section 107.52 of the Revised Code, and the	6144
agency has not eliminated or reduced that impact as required under	6145
section 121.82 of the Revised Code.	6146

(4) If the joint committee does not take the action described	6147
in division (E)(3) of this section regarding a rule during the	6148
ninety-day period after the date the joint committee receives a	6149
notice under division (E)(2) of this section regarding that rule,	6150
the rule shall continue in effect without amendment and shall be	6151
next reviewed by the joint committee by the date designated by the	6152
agency in the notice provided to the joint committee under	6153
division (E)(2) of this section.	6154

(5) If the agency has determined that a rule reviewed under	6155
division (C) of this section needs to be amended or rescinded, the	6156
agency, on or before the rule's review date, shall file the rule	6157
as amended or rescinded in accordance with section 111.15, 119.03,	6158
or 4141.14 of the Revised Code, as applicable.	6159

(6) Each agency shall provide the joint committee with a copy	6160
of the rules that it has determined are rules described in	6161
division (A)(3)(b) of this section. At a time the joint committee	6162
designates, each agency shall appear before the joint committee	6163
and explain why it has determined that such rules are rules	6164
described in division (A)(3)(b) of this section. The joint	6165
committee, by a two-thirds vote of the members present, may	6166
determine that any of such rules are rules described in division	6167
(A)(3)(a) of this section. After the joint committee has made such	6168
a determination relating to a rule, the agency shall thereafter	6169
treat the rule as a rule described in division (A)(3)(a) of this	6170
section.	6171

(F) If an agency fails to provide the notice to the joint	6172
committee required under division (E)(2) of this section regarding	6173
a rule or otherwise fails by the rule's review date to take any	6174
action regarding the rule required by this section, the joint	6175
committee, by a majority vote of the members present, may	6176
recommend the adoption of a concurrent resolution invalidating the	6177
rule. The joint committee shall not recommend the adoption of such	6178
a resolution until it has afforded the agency the opportunity to	6179
appear before the joint committee to show cause why the joint	6180
committee should not recommend the adoption of such a resolution	6181
regarding that rule.	6182

(G) If the joint committee recommends adoption of a	6183
concurrent resolution invalidating a rule under division (E)(3) or	6184
(F) of this section, the adoption of the concurrent resolution	6185
shall be in the manner described in division (I) of section 119.03	6186
of the Revised Code.	6187

Sec. 120.40. (A) The pay ranges established by the board of	6188
county commissioners for the county public defender ~~and staff,~~ and	6189
those established by the joint board of county commissioners for	6190
the joint county public defender ~~and staff,~~ shall not exceed the	6191
pay ranges assigned under section ~~124.14~~325.11 of the Revised	6192
Code for ~~comparable positions of the Ohio public defender and~~	6193
~~staff~~county prosecutors.	6194

(B) The pay ranges established by the board of county	6195
commissioners for the staff of the county public defender and	6196
those established by the joint board of county commissioners for	6197
the staff of the joint county public defender shall not exceed the	6198
pay ranges assigned under section 124.14 of the Revised Code for	6199
comparable positions of the staff of the Ohio public defender.	6200

Sec. 121.03. The following administrative department heads	6201
shall be appointed by the governor, with the advice and consent of	6202
the senate, and shall hold their offices during the term of the	6203
appointing governor, and are subject to removal at the pleasure of	6204
the governor.	6205

(A) The director of budget and management;

6206

(B) The director of commerce;

6207

6208

(D) The director of agriculture;

6209

(E) The director of job and family services;

6210

(F) Until July 1, 1997, the director of liquor control;

6211

(G) The director of public safety;

6212

(H) The superintendent of insurance;

6213

(I) The director of development;

6214

(J) The tax commissioner;

6215

(K) The director of administrative services;

6216

(L) The director of natural resources;

6217

(M) The director of mental health;

6218

(N) The director of developmental disabilities;

6219

(O) The director of health;

6220

(P) The director of youth services;

6221

(Q) The director of rehabilitation and correction;

6222

(R) The director of environmental protection;

6223

(S) The director of aging;

6224

(T) The director of alcohol and drug addiction services;

6225

(U) The administrator of workers' compensation who meets the	6226
qualifications required under division (A) of section 4121.121 of	6227
the Revised Code;	6228

(V) The director of veterans services who meets the	6229
qualifications required under section 5902.01 of the Revised Code;	6230

(W) The chancellor of the Ohio board of regents.

6231

Sec. 121.04. Offices are created within the several	6232
departments as follows:	6233

In the department of commerce:

6234

		Commissioner of securities;		6235
		Superintendent of real estate and professional licensing;		6236
		Superintendent of financial institutions;		6237
		State fire marshal;		6238
		Superintendent of labor;		6239
		Superintendent of liquor control;		6240
		Superintendent of unclaimed funds.		6241

In the department of administrative services:

6242

		State architect and engineer;		6243
		Equal employment opportunity coordinator.		6244

In the department of agriculture:

6245

Chiefs of divisions as follows:

6246

		Administration;		6247
		Animal industry;		6248
		Dairy;		6249
		Food safety;		6250
		Plant industry;		6251
		Markets;		6252
		Meat inspection;		6253
		Consumer analytical laboratory;		6254
		Amusement ride safety;		6255
		Enforcement;		6256
		Weights and measures.		6257

In the department of natural resources:

6258

Chiefs of divisions as follows:

6259

				6260
		Mineral resources management;		6261
		Oil and gas resources management;		6262
		Forestry;		6263
		Natural areas and preserves;		6264
		Wildlife;		6265
		Geological survey;		6266
		Parks and recreation;		6267
		Watercraft;		6268
		Recycling and litter prevention;		6269
		Soil and water resources;		6270
		Engineering.		6271

In the department of insurance:

6272

		Deputy superintendent of insurance;		6273
		Assistant superintendent of insurance, technical;		6274
		Assistant superintendent of insurance, administrative;		6275
		Assistant superintendent of insurance, research.		6276

Sec. 121.22. (A) This section shall be liberally construed	6277
to require public officials to take official action and to conduct	6278
all deliberations upon official business only in open meetings	6279
unless the subject matter is specifically excepted by law.	6280

(B) As used in this section:

6281

(1) "Public body" means any of the following:

6282

(a) Any board, commission, committee, council, or similar	6283
decision-making body of a state agency, institution, or authority,	6284
and any legislative authority or board, commission, committee,	6285
council, agency, authority, or similar decision-making body of any	6286
county, township, municipal corporation, school district, or other	6287
political subdivision or local public institution;	6288

(b) Any committee or subcommittee of a body described in	6289
division (B)(1)(a) of this section;	6290

(c) A court of jurisdiction of a sanitary district organized	6291
wholly for the purpose of providing a water supply for domestic,	6292
municipal, and public use when meeting for the purpose of the	6293
appointment, removal, or reappointment of a member of the board of	6294
directors of such a district pursuant to section 6115.10 of the	6295
Revised Code, if applicable, or for any other matter related to	6296
such a district other than litigation involving the district. As	6297
used in division (B)(1)(c) of this section, "court of	6298
jurisdiction" has the same meaning as "court" in section 6115.01	6299
of the Revised Code.	6300

(2) "Meeting" means any prearranged discussion of the public	6301
business of the public body by a majority of its members.	6302

(3) "Regulated individual" means either of the following:

6303

(a) A student in a state or local public educational	6304
institution;	6305

(b) A person who is, voluntarily or involuntarily, an inmate,	6306
patient, or resident of a state or local institution because of	6307
criminal behavior, mental illness or retardation, disease,	6308
disability, age, or other condition requiring custodial care.	6309

(4) "Public office" has the same meaning as in section	6310
149.011 of the Revised Code.	6311

(C) All meetings of any public body are declared to be public	6312
meetings open to the public at all times. A member of a public	6313
body shall be present in person at a meeting open to the public to	6314
be considered present or to vote at the meeting and for purposes	6315
of determining whether a quorum is present at the meeting.	6316

The minutes of a regular or special meeting of any public	6317
body shall be promptly prepared, filed, and maintained and shall	6318
be open to public inspection. The minutes need only reflect the	6319
general subject matter of discussions in executive sessions	6320
authorized under division (G) or (J) of this section.	6321

(D) This section does not apply to any of the following:

6322

(1) A grand jury;

6323

(2) An audit conference conducted by the auditor of state or	6324
independent certified public accountants with officials of the	6325
public office that is the subject of the audit;	6326

(3) The adult parole authority when its hearings are	6327
conducted at a correctional institution for the sole purpose of	6328
interviewing inmates to determine parole or pardon;	6329

(4) The organized crime investigations commission established	6330
under section 177.01 of the Revised Code;	6331

(5) Meetings of a child fatality review board established	6332
under section 307.621 of the Revised Code and meetings conducted	6333
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	6334

(6) The state medical board when determining whether to	6335
suspend a certificate without a prior hearing pursuant to division	6336
(G) of either section 4730.25 or 4731.22 of the Revised Code;	6337

(7) The board of nursing when determining whether to suspend	6338
a license or certificate without a prior hearing pursuant to	6339
division (B) of section 4723.281 of the Revised Code;	6340

(8) The state board of pharmacy when determining whether to	6341
suspend a license without a prior hearing pursuant to division (D)	6342
of section 4729.16 of the Revised Code;	6343

(9) The state chiropractic board when determining whether to	6344
suspend a license without a hearing pursuant to section 4734.37 of	6345
the Revised Code;	6346

(10) The executive committee of the emergency response	6347
commission when determining whether to issue an enforcement order	6348
or request that a civil action, civil penalty action, or criminal	6349
action be brought to enforce Chapter 3750. of the Revised Code;	6350

(11) The board of directors of the nonprofit corporation	6351
formed under section 187.01 of the Revised Code or any committee	6352
thereof, and the board of directors of any subsidiary of that	6353
corporation or a committee thereof;	6354

(12) An audit conference conducted by the audit staff of the	6355
department of job and family services with officials of the public	6356
office that is the subject of that audit under section 5101.37 of	6357
the Revised Code.	6358

(E) The controlling board, the development financing advisory	6359
council, the industrial technology and enterprise advisory	6360
council, the tax credit authority, or the minority development	6361
financing advisory board, when meeting to consider granting	6362
assistance pursuant to Chapter 122. or 166. of the Revised Code,	6363
in order to protect the interest of the applicant or the possible	6364
investment of public funds, by unanimous vote of all board,	6365
council, or authority members present, may close the meeting	6366
during consideration of the following information confidentially	6367
received by the authority, council, or board from the applicant:	6368

(1) Marketing plans;

6369

(2) Specific business strategy;

6370

(3) Production techniques and trade secrets;

6371

(4) Financial projections;

6372

(5) Personal financial statements of the applicant or members	6373
of the applicant's immediate family, including, but not limited	6374
to, tax records or other similar information not open to public	6375
inspection.	6376

The vote by the authority, council, or board to accept or	6377
reject the application, as well as all proceedings of the	6378
authority, council, or board not subject to this division, shall	6379
be open to the public and governed by this section.	6380

(F) Every public body, by rule, shall establish a reasonable	6381
method whereby any person may determine the time and place of all	6382
regularly scheduled meetings and the time, place, and purpose of	6383
all special meetings. A public body shall not hold a special	6384
meeting unless it gives at least twenty-four hours' advance notice	6385
to the news media that have requested notification, except in the	6386
event of an emergency requiring immediate official action. In the	6387
event of an emergency, the member or members calling the meeting	6388
shall notify the news media that have requested notification	6389
immediately of the time, place, and purpose of the meeting.	6390

The rule shall provide that any person, upon request and	6391
payment of a reasonable fee, may obtain reasonable advance	6392
notification of all meetings at which any specific type of public	6393
business is to be discussed. Provisions for advance notification	6394
may include, but are not limited to, mailing the agenda of	6395
meetings to all subscribers on a mailing list or mailing notices	6396
in self-addressed, stamped envelopes provided by the person.	6397

(G) Except as provided in division (J) of this section, the	6398
members of a public body may hold an executive session only after	6399
a majority of a quorum of the public body determines, by a roll	6400
call vote, to hold an executive session and only at a regular or	6401
special meeting for the sole purpose of the consideration of any	6402
of the following matters:	6403

(1) To consider the appointment, employment, dismissal,	6404
discipline, promotion, demotion, or compensation of a public	6405
employee or official, or the investigation of charges or	6406
complaints against a public employee, official, licensee, or	6407
regulated individual, unless the public employee, official,	6408
licensee, or regulated individual requests a public hearing.	6409
Except as otherwise provided by law, no public body shall hold an	6410
executive session for the discipline of an elected official for	6411
conduct related to the performance of the elected official's	6412
official duties or for the elected official's removal from office.	6413
If a public body holds an executive session pursuant to division	6414
(G)(1) of this section, the motion and vote to hold that executive	6415
session shall state which one or more of the approved purposes	6416
listed in division (G)(1) of this section are the purposes for	6417
which the executive session is to be held, but need not include	6418
the name of any person to be considered at the meeting.	6419

(2) To consider the purchase of property for public purposes,	6420
or for the sale of property at competitive bidding, if premature	6421
disclosure of information would give an unfair competitive or	6422
bargaining advantage to a person whose personal, private interest	6423
is adverse to the general public interest. No member of a public	6424
body shall use division (G)(2) of this section as a subterfuge for	6425
providing covert information to prospective buyers or sellers. A	6426
purchase or sale of public property is void if the seller or buyer	6427
of the public property has received covert information from a	6428
member of a public body that has not been disclosed to the general	6429
public in sufficient time for other prospective buyers and sellers	6430
to prepare and submit offers.	6431

If the minutes of the public body show that all meetings and	6432
deliberations of the public body have been conducted in compliance	6433
with this section, any instrument executed by the public body	6434
purporting to convey, lease, or otherwise dispose of any right,	6435
title, or interest in any public property shall be conclusively	6436
presumed to have been executed in compliance with this section	6437
insofar as title or other interest of any bona fide purchasers,	6438
lessees, or transferees of the property is concerned.	6439

(3) Conferences with an attorney for the public body	6440
concerning disputes involving the public body that are the subject	6441
of pending or imminent court action;	6442

(4) Preparing for, conducting, or reviewing negotiations or	6443
bargaining sessions with public employees concerning their	6444
compensation or other terms and conditions of their employment;	6445

(5) Matters required to be kept confidential by federal law	6446
or regulations or state statutes;	6447

(6) Details relative to the security arrangements and	6448
emergency response protocols for a public body or a public office,	6449
if disclosure of the matters discussed could reasonably be	6450
expected to jeopardize the security of the public body or public	6451
office;	6452

(7) In the case of a county hospital operated pursuant to	6453
Chapter 339. of the Revised Code, a joint township hospital	6454
operated pursuant to Chapter 513. of the Revised Code, or a	6455
municipal hospital operated pursuant to Chapter 749. of the	6456
Revised Code, to consider trade secrets, as defined in section	6457
1333.61 of the Revised Code.	6458

If a public body holds an executive session to consider any	6459
of the matters listed in divisions (G)(2) to (7) of this section,	6460
the motion and vote to hold that executive session shall state	6461
which one or more of the approved matters listed in those	6462
divisions are to be considered at the executive session.	6463

A public body specified in division (B)(1)(c) of this section	6464
shall not hold an executive session when meeting for the purposes	6465
specified in that division.	6466

(H) A resolution, rule, or formal action of any kind is	6467
invalid unless adopted in an open meeting of the public body. A	6468
resolution, rule, or formal action adopted in an open meeting that	6469
results from deliberations in a meeting not open to the public is	6470
invalid unless the deliberations were for a purpose specifically	6471
authorized in division (G) or (J) of this section and conducted at	6472
an executive session held in compliance with this section. A	6473
resolution, rule, or formal action adopted in an open meeting is	6474
invalid if the public body that adopted the resolution, rule, or	6475
formal action violated division (F) of this section.	6476

(I)(1) Any person may bring an action to enforce this	6477
section. An action under division (I)(1) of this section shall be	6478
brought within two years after the date of the alleged violation	6479
or threatened violation. Upon proof of a violation or threatened	6480
violation of this section in an action brought by any person, the	6481
court of common pleas shall issue an injunction to compel the	6482
members of the public body to comply with its provisions.	6483

(2)(a) If the court of common pleas issues an injunction	6484
pursuant to division (I)(1) of this section, the court shall order	6485
the public body that it enjoins to pay a civil forfeiture of five	6486
hundred dollars to the party that sought the injunction and shall	6487
award to that party all court costs and, subject to reduction as	6488
described in division (I)(2) of this section, reasonable	6489
attorney's fees. The court, in its discretion, may reduce an award	6490
of attorney's fees to the party that sought the injunction or not	6491
award attorney's fees to that party if the court determines both	6492
of the following:	6493

(i) That, based on the ordinary application of statutory law	6494
and case law as it existed at the time of violation or threatened	6495
violation that was the basis of the injunction, a well-informed	6496
public body reasonably would believe that the public body was not	6497
violating or threatening to violate this section;	6498

(ii) That a well-informed public body reasonably would	6499
believe that the conduct or threatened conduct that was the basis	6500
of the injunction would serve the public policy that underlies the	6501
authority that is asserted as permitting that conduct or	6502
threatened conduct.	6503

(b) If the court of common pleas does not issue an injunction	6504
pursuant to division (I)(1) of this section and the court	6505
determines at that time that the bringing of the action was	6506
frivolous conduct, as defined in division (A) of section 2323.51	6507
of the Revised Code, the court shall award to the public body all	6508
court costs and reasonable attorney's fees, as determined by the	6509
court.	6510

(3) Irreparable harm and prejudice to the party that sought	6511
the injunction shall be conclusively and irrebuttably presumed	6512
upon proof of a violation or threatened violation of this section.	6513

(4) A member of a public body who knowingly violates an	6514
injunction issued pursuant to division (I)(1) of this section may	6515
be removed from office by an action brought in the court of common	6516
pleas for that purpose by the prosecuting attorney or the attorney	6517
general.	6518

(J)(1) Pursuant to division (C) of section 5901.09 of the	6519
Revised Code, a veterans service commission shall hold an	6520
executive session for one or more of the following purposes unless	6521
an applicant requests a public hearing:	6522

(a) Interviewing an applicant for financial assistance under	6523
sections 5901.01 to 5901.15 of the Revised Code;	6524

(b) Discussing applications, statements, and other documents	6525
described in division (B) of section 5901.09 of the Revised Code;	6526

(c) Reviewing matters relating to an applicant's request for	6527
financial assistance under sections 5901.01 to 5901.15 of the	6528
Revised Code.	6529

(2) A veterans service commission shall not exclude an	6530
applicant for, recipient of, or former recipient of financial	6531
assistance under sections 5901.01 to 5901.15 of the Revised Code,	6532
and shall not exclude representatives selected by the applicant,	6533
recipient, or former recipient, from a meeting that the commission	6534
conducts as an executive session that pertains to the applicant's,	6535
recipient's, or former recipient's application for financial	6536
assistance.	6537

(3) A veterans service commission shall vote on the grant or	6538
denial of financial assistance under sections 5901.01 to 5901.15	6539
of the Revised Code only in an open meeting of the commission. The	6540
minutes of the meeting shall indicate the name, address, and	6541
occupation of the applicant, whether the assistance was granted or	6542
denied, the amount of the assistance if assistance is granted, and	6543
the votes for and against the granting of assistance.	6544

Sec. 121.37. (A)(1) There is hereby created the Ohio family	6545
and children first cabinet council. The council shall be composed	6546
of the superintendent of public instruction, the administrator of	6547
the rehabilitation services commission, and the directors of youth	6548
services, job and family services, mental health, health, alcohol	6549
and drug addiction services, developmental disabilities, aging,	6550
rehabilitation and correction, and budget and management. The	6551
chairperson of the council shall be the governor or the governor's	6552
designee and shall establish procedures for the council's internal	6553
control and management.	6554

The purpose of the cabinet council is to help families	6555
seeking government services. This section shall not be interpreted	6556
or applied to usurp the role of parents, but solely to streamline	6557
and coordinate existing government services for families seeking	6558
assistance for their children.	6559

(2) In seeking to fulfill its purpose, the council may do any	6560
of the following:	6561

(a) Advise and make recommendations to the governor and	6562
general assembly regarding the provision of services to children;	6563

(b) Advise and assess local governments on the coordination	6564
of service delivery to children;	6565

(c) Hold meetings at such times and places as may be	6566
prescribed by the council's procedures and maintain records of the	6567
meetings, except that records identifying individual children are	6568
confidential and shall be disclosed only as provided by law;	6569

(d) Develop programs and projects, including pilot projects,	6570
to encourage coordinated efforts at the state and local level to	6571
improve the state's social service delivery system;	6572

(e) Enter into contracts with and administer grants to county	6573
family and children first councils, as well as other county or	6574
multicounty organizations to plan and coordinate service delivery	6575
between state agencies and local service providers for families	6576
and children;	6577

(f) Enter into contracts with and apply for grants from	6578
federal agencies or private organizations;	6579

(g) Enter into interagency agreements to encourage	6580
coordinated efforts at the state and local level to improve the	6581
state's social service delivery system. The agreements may include	6582
provisions regarding the receipt, transfer, and expenditure of	6583
funds;	6584

(h) Identify public and private funding sources for services	6585
provided to alleged or adjudicated unruly children and children	6586
who are at risk of being alleged or adjudicated unruly children,	6587
including regulations governing access to and use of the services;	6588

(i) Collect information provided by local communities	6589
regarding successful programs for prevention, intervention, and	6590
treatment of unruly behavior, including evaluations of the	6591
programs;	6592

(j) Identify and disseminate publications regarding alleged	6593
or adjudicated unruly children and children who are at risk of	6594
being alleged or adjudicated unruly children and regarding	6595
programs serving those types of children;	6596

(k) Maintain an inventory of strategic planning facilitators	6597
for use by government or nonprofit entities that serve alleged or	6598
adjudicated unruly children or children who are at risk of being	6599
alleged or adjudicated unruly children.	6600

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

6601

(a) Reviews of service and treatment plans for children for	6602
which such reviews are requested;	6603

(b) Assistance as the council determines to be necessary to	6604
meet the needs of children referred by county family and children	6605
first councils;	6606

(c) Monitoring and supervision of a statewide, comprehensive,	6607
coordinated, multi-disciplinary, interagency system for infants	6608
and toddlers with developmental disabilities or delays and their	6609
families, as established pursuant to federal grants received and	6610
administered by the department of health for early intervention	6611
services under the "Individuals with Disabilities Education Act of	6612
2004," 20 U.S.C.A. 1400, as amended.	6613

(4) The cabinet council shall develop and implement the	6614
following:	6615

(a) An interagency process to select the indicators that will	6616
be used to measure progress toward increasing child well-being in	6617
the state and to update the indicators on an annual basis. The	6618
indicators shall focus on expectant parents and newborns thriving;	6619
infants and toddlers thriving; children being ready for school;	6620
children and youth succeeding in school; youth choosing healthy	6621
behaviors; and youth successfully transitioning into adulthood.	6622

(b) An interagency system to offer guidance and monitor	6623
progress toward increasing child well-being in the state and in	6624
each county;	6625

(c) An annual plan that identifies state-level agency efforts	6626
taken to ensure progress towards increasing child well-being in	6627
the state.	6628

On an annual basis, the cabinet council shall submit to the	6629
governor and the general assembly a report on the status of	6630
efforts to increase child well-being in the state. This report	6631
shall be made available to any other person on request.	6632

(B)(1) Each board of county commissioners shall establish a	6633
county family and children first council. The board may invite any	6634
local public or private agency or group that funds, advocates, or	6635
provides services to children and families to have a	6636
representative become a permanent or temporary member of its	6637
county council. Each county council must include the following	6638
individuals:	6639

(a) At least three individuals who are not employed by an	6640
agency represented on the council and whose families are or have	6641
received services from an agency represented on the council or	6642
another county's council. Where possible, the number of members	6643
representing families shall be equal to twenty per cent of the	6644
council's membership.	6645

(b) The director of the board of alcohol, drug addiction, and	6646
mental health services that serves the county, or, in the case of	6647
a county that has a board of alcohol and drug addiction services	6648
and a community mental health board, the directors of both boards.	6649
If a board of alcohol, drug addiction, and mental health services	6650
covers more than one county, the director may designate a person	6651
to participate on the county's council.	6652

(c) The health commissioner, or the commissioner's designee,	6653
of the board of health of each city and general health district in	6654
the county. If the county has two or more health districts, the	6655
health commissioner membership may be limited to the commissioners	6656
of the two districts with the largest populations.	6657

(d) The director of the county department of job and family	6658
services;	6659

(e) The executive director of the public children services	6660
agency;	6661

(f) The superintendent of the county board of developmental	6662
disabilities;	6663

(g) The superintendent of the city, exempted village, or	6664
local school district with the largest number of pupils residing	6665
in the county, as determined by the department of education, which	6666
shall notify each board of county commissioners of its	6667
determination at least biennially;	6668

(h) A school superintendent representing all other school	6669
districts with territory in the county, as designated at a	6670
biennial meeting of the superintendents of those districts;	6671

(i) A representative of the municipal corporation with the	6672
largest population in the county;	6673

(j) The president of the board of county commissioners or an	6674
individual designated by the board;	6675

(k) A representative of the regional office of the department	6676
of youth services;	6677

(l) A representative of the county's head start agencies, as	6678
defined in section 3301.32 of the Revised Code;	6679

(m) A representative of the county's early intervention	6680
collaborative established pursuant to the federal early	6681
intervention program operated under the "Individuals with	6682
Disabilities Education Act of 2004";	6683

(n) A representative of a local nonprofit entity that funds,	6684
advocates, or provides services to children and families.	6685

Notwithstanding any other provision of law, the public	6686
members of a county council are not prohibited from serving on the	6687
council and making decisions regarding the duties of the council,	6688
including those involving the funding of joint projects and those	6689
outlined in the county's service coordination mechanism	6690
implemented pursuant to division (C) of this section.	6691

The cabinet council shall establish a state appeals process	6692
to resolve disputes among the members of a county council	6693
concerning whether reasonable responsibilities as members are	6694
being shared. The appeals process may be accessed only by a	6695
majority vote of the council members who are required to serve on	6696
the council. Upon appeal, the cabinet council may order that state	6697
funds for services to children and families be redirected to a	6698
county's board of county commissioners.	6699

The county's juvenile court judge senior in service or	6700
another judge of the juvenile court designated by the	6701
administrative judge or, where there is no administrative judge,	6702
by the judge senior in service shall serve as the judicial advisor	6703
to the county family and children first council. The judge may	6704
advise the county council on the court's utilization of resources,	6705
services, or programs provided by the entities represented by the	6706
members of the county council and how those resources, services,	6707
or programs assist the court in its administration of justice.	6708
Service of a judge as a judicial advisor pursuant to this section	6709
is a judicial function.	6710

(2) The purpose of the county council is to streamline and	6711
coordinate existing government services for families seeking	6712
services for their children. In seeking to fulfill its purpose, a	6713
county council shall provide for the following:	6714

(a) Referrals to the cabinet council of those children for	6715
whom the county council cannot provide adequate services;	6716

(b) Development and implementation of a process that annually	6717
evaluates and prioritizes services, fills service gaps where	6718
possible, and invents new approaches to achieve better results for	6719
families and children;	6720

(c) Participation in the development of a countywide,	6721
comprehensive, coordinated, multi-disciplinary, interagency system	6722
for infants and toddlers with developmental disabilities or delays	6723
and their families, as established pursuant to federal grants	6724
received and administered by the department of health for early	6725
intervention services under the "Individuals with Disabilities	6726
Education Act of 2004";	6727

(d) Maintenance of an accountability system to monitor the	6728
county council's progress in achieving results for families and	6729
children;	6730

(e) Establishment of a mechanism to ensure ongoing input from	6731
a broad representation of families who are receiving services	6732
within the county system.	6733

(3) A county council shall develop and implement the	6734
following:	6735

(a) An interagency process to establish local indicators and	6736
monitor the county's progress toward increasing child well-being	6737
in the county;	6738

(b) An interagency process to identify local priorities to	6739
increase child well-being. The local priorities shall focus on	6740
expectant parents and newborns thriving; infants and toddlers	6741
thriving; children being ready for school; children and youth	6742
succeeding in school; youth choosing healthy behaviors; and youth	6743
successfully transitioning into adulthood and take into account	6744
the indicators established by the cabinet council under division	6745
(A)(4)(a) of this section.	6746

(c) An annual plan that identifies the county's interagency	6747
efforts to increase child well-being in the county.	6748

On an annual basis, the county council shall submit a report	6749
on the status of efforts by the county to increase child	6750
well-being in the county to the county's board of county	6751
commissioners and the cabinet council. This report shall be made	6752
available to any other person on request.	6753

(4)(a) Except as provided in division (B)(4)(b) of this	6754
section, a county council shall comply with the policies,	6755
procedures, and activities prescribed by the rules or interagency	6756
agreements of a state department participating on the cabinet	6757
council whenever the county council performs a function subject to	6758
those rules or agreements.	6759

(b) On application of a county council, the cabinet council	6760
may grant an exemption from any rules or interagency agreements of	6761
a state department participating on the council if an exemption is	6762
necessary for the council to implement an alternative program or	6763
approach for service delivery to families and children. The	6764
application shall describe the proposed program or approach and	6765
specify the rules or interagency agreements from which an	6766
exemption is necessary. The cabinet council shall approve or	6767
disapprove the application in accordance with standards and	6768
procedures it shall adopt. If an application is approved, the	6769
exemption is effective only while the program or approach is being	6770
implemented, including a reasonable period during which the	6771
program or approach is being evaluated for effectiveness.	6772

(5)(a) Each county council shall designate an administrative	6773
agent for the council from among the following public entities:	6774
the board of alcohol, drug addiction, and mental health services,	6775
including a board of alcohol and drug addiction or a community	6776
mental health board if the county is served by separate boards;	6777
the board of county commissioners; any board of health of the	6778
county's city and general health districts; the county department	6779
of job and family services; the county agency responsible for the	6780
administration of children services pursuant to section 5153.15 of	6781
the Revised Code; the county board of developmental disabilities;	6782
any of the county's boards of education or governing boards of	6783
educational service centers; or the county's juvenile court. Any	6784
of the foregoing public entities, other than the board of county	6785
commissioners, may decline to serve as the council's	6786
administrative agent.	6787

A county council's administrative agent shall serve as the	6788
council's appointing authority for any employees of the council.	6789
The council shall file an annual budget with its administrative	6790
agent, with copies filed with the county auditor and with the	6791
board of county commissioners, unless the board is serving as the	6792
council's administrative agent. The council's administrative agent	6793
shall ensure that all expenditures are handled in accordance with	6794
policies, procedures, and activities prescribed by state	6795
departments in rules or interagency agreements that are applicable	6796
to the council's functions.	6797

The administrative agent of a county council shall send	6798
notice of a member's absence if a member listed in division (B)(1)	6799
of this section has been absent from either three consecutive	6800
meetings of the county council or a county council subcommittee,	6801
or from one-quarter of such meetings in a calendar year, whichever	6802
is less. The notice shall be sent to the board of county	6803
commissioners that establishes the county council and, for the	6804
members listed in divisions (B)(1)(b), (c), (e), and (l) of this	6805
section, to the governing board overseeing the respective entity;	6806
for the member listed in division (B)(1)(f) of this section, to	6807
the county board of developmental disabilities that employs the	6808
superintendent; for a member listed in division (B)(1)(g) or (h)	6809
of this section, to the school board that employs the	6810
superintendent; for the member listed in division (B)(1)(i) of	6811
this section, to the mayor of the municipal corporation; for the	6812
member listed in division (B)(1)(k) of this section, to the	6813
director of youth services; and for the member listed in division	6814
(B)(1)(n) of this section, to that member's board of trustees.	6815

The administrative agent for a county council may do any of	6816
the following on behalf of the council:	6817

(i) Enter into agreements or administer contracts with public	6818
or private entities to fulfill specific council business. Such	6819
agreements and contracts are exempt from the competitive bidding	6820
requirements of section 307.86 of the Revised Code if they have	6821
been approved by the county council and they are for the purchase	6822
of family and child welfare or child protection services or other	6823
social or job and family services for families and children. The	6824
approval of the county council is not required to exempt	6825
agreements or contracts entered into under section 5139.34,	6826
5139.41, or 5139.43 of the Revised Code from the competitive	6827
bidding requirements of section 307.86 of the Revised Code.	6828

(ii) As determined by the council, provide financial	6829
stipends, reimbursements, or both, to family representatives for	6830
expenses related to council activity;	6831

(iii) Receive by gift, grant, devise, or bequest any moneys,	6832
lands, or other property for the purposes for which the council is	6833
established. The agent shall hold, apply, and dispose of the	6834
moneys, lands, or other property according to the terms of the	6835
gift, grant, devise, or bequest. Any interest or earnings shall be	6836
treated in the same manner and are subject to the same terms as	6837
the gift, grant, devise, or bequest from which it accrues.	6838

(b)(i) If the county council designates the board of county	6839
commissioners as its administrative agent, the board may, by	6840
resolution, delegate any of its powers and duties as	6841
administrative agent to an executive committee the board	6842
establishes from the membership of the county council. The board	6843
shall name to the executive committee at least the individuals	6844
described in divisions (B)(1)(b) to (h) of this section and may	6845
appoint the president of the board or another individual as the	6846
chair of the executive committee. The executive committee must	6847
include at least one family county council representative who does	6848
not have a family member employed by an agency represented on the	6849
council.	6850

(ii) The executive committee may, with the approval of the	6851
board, hire an executive director to assist the county council in	6852
administering its powers and duties. The executive director shall	6853
serve in the unclassified civil service at the pleasure of the	6854
executive committee. The executive director may, with the approval	6855
of the executive committee, hire other employees as necessary to	6856
properly conduct the county council's business.	6857

(iii) The board may require the executive committee to submit	6858
an annual budget to the board for approval and may amend or repeal	6859
the resolution that delegated to the executive committee its	6860
authority as the county council's administrative agent.	6861

(6) Two or more county councils may enter into an agreement	6862
to administer their county councils jointly by creating a regional	6863
family and children first council. A regional council possesses	6864
the same duties and authority possessed by a county council,	6865
except that the duties and authority apply regionally rather than	6866
to individual counties. Prior to entering into an agreement to	6867
create a regional council, the members of each county council to	6868
be part of the regional council shall meet to determine whether	6869
all or part of the members of each county council will serve as	6870
members of the regional council.	6871

(7) A board of county commissioners may approve a resolution	6872
by a majority vote of the board's members that requires the county	6873
council to submit a statement to the board each time the council	6874
proposes to enter into an agreement, adopt a plan, or make a	6875
decision, other than a decision pursuant to section 121.38 of the	6876
Revised Code, that requires the expenditure of funds for two or	6877
more families. The statement shall describe the proposed	6878
agreement, plan, or decision.	6879

Not later than fifteen days after the board receives the	6880
statement, it shall, by resolution approved by a majority of its	6881
members, approve or disapprove the agreement, plan, or decision.	6882
Failure of the board to pass a resolution during that time period	6883
shall be considered approval of the agreement, plan, or decision.	6884

An agreement, plan, or decision for which a statement is	6885
required to be submitted to the board shall be implemented only if	6886
it is approved by the board.	6887

(C) Each county shall develop a county service coordination	6888
mechanism. The county service coordination mechanism shall serve	6889
as the guiding document for coordination of services in the	6890
county. For children who also receive services under the help me	6891
grow program, the service coordination mechanism shall be	6892
consistent with rules adopted by the department of health under	6893
section 3701.61 of the Revised Code. All family service	6894
coordination plans shall be developed in accordance with the	6895
county service coordination mechanism. The mechanism shall be	6896
developed and approved with the participation of the county	6897
entities representing child welfare; mental retardation and	6898
developmental disabilities; alcohol, drug addiction, and mental	6899
health services; health; juvenile judges; education; the county	6900
family and children first council; and the county early	6901
intervention collaborative established pursuant to the federal	6902
early intervention program operated under the "Individuals with	6903
Disabilities Education Act of 2004." The county shall establish an	6904
implementation schedule for the mechanism. The cabinet council may	6905
monitor the implementation and administration of each county's	6906
service coordination mechanism.	6907

Each mechanism shall include all of the following:

6908

(1) A procedure for an agency, including a juvenile court, or	6909
a family voluntarily seeking service coordination, to refer the	6910
child and family to the county council for service coordination in	6911
accordance with the mechanism;	6912

(2) A procedure ensuring that a family and all appropriate	6913
staff from involved agencies, including a representative from the	6914
appropriate school district, are notified of and invited to	6915
participate in all family service coordination plan meetings;	6916

(3) A procedure that permits a family to initiate a meeting	6917
to develop or review the family's service coordination plan and	6918
allows the family to invite a family advocate, mentor, or support	6919
person of the family's choice to participate in any such meeting;	6920

(4) A procedure for ensuring that a family service	6921
coordination plan meeting is conducted for each child who receives	6922
service coordination under the mechanism and for whom an emergency	6923
out-of-home placement has been made or for whom a nonemergency	6924
out-of-home placement is being considered. The meeting shall be	6925
conducted within ten days of an emergency out-of-home placement.	6926
The meeting shall be conducted before a nonemergency out-of-home	6927
placement. The family service coordination plan shall outline how	6928
the county council members will jointly pay for services, where	6929
applicable, and provide services in the least restrictive	6930
environment.	6931

(5) A procedure for monitoring the progress and tracking the	6932
outcomes of each service coordination plan requested in the county	6933
including monitoring and tracking children in out-of-home	6934
placements to assure continued progress, appropriateness of	6935
placement, and continuity of care after discharge from placement	6936
with appropriate arrangements for housing, treatment, and	6937
education.	6938

(6) A procedure for protecting the confidentiality of all	6939
personal family information disclosed during service coordination	6940
meetings or contained in the comprehensive family service	6941
coordination plan.	6942

(7) A procedure for assessing the needs and strengths of any	6943
child or family that has been referred to the council for service	6944
coordination, including a child whose parent or custodian is	6945
voluntarily seeking services, and for ensuring that parents and	6946
custodians are afforded the opportunity to participate;	6947

(8) A procedure for development of a family service	6948
coordination plan described in division (D) of this section;	6949

(9) A local dispute resolution process to serve as the	6950
process that must be used first to resolve disputes among the	6951
agencies represented on the county council concerning the	6952
provision of services to children, including children who are	6953
abused, neglected, dependent, unruly, alleged unruly, or	6954
delinquent children and under the jurisdiction of the juvenile	6955
court and children whose parents or custodians are voluntarily	6956
seeking services. The local dispute resolution process shall	6957
comply with sections 121.38, 121.381, and 121.382 of the Revised	6958
Code. The local dispute resolution process shall be used to	6959
resolve disputes between a child's parents or custodians and the	6960
county council regarding service coordination. The county council	6961
shall inform the parents or custodians of their right to use the	6962
dispute resolution process. Parents or custodians shall use	6963
existing local agency grievance procedures to address disputes not	6964
involving service coordination. The dispute resolution process is	6965
in addition to and does not replace other rights or procedures	6966
that parents or custodians may have under other sections of the	6967
Revised Code.	6968

The cabinet council shall adopt rules in accordance with	6969
Chapter 119. of the Revised Code establishing an administrative	6970
review process to address problems that arise concerning the	6971
operation of a local dispute resolution process.	6972

Nothing in division (C)(4) of this section shall be	6973
interpreted as overriding or affecting decisions of a juvenile	6974
court regarding an out-of-home placement, long-term placement, or	6975
emergency out-of-home placement.	6976

(D) Each county shall develop a family service coordination	6977
plan that does all of the following:	6978

(1) Designates service responsibilities among the various	6979
state and local agencies that provide services to children and	6980
their families, including children who are abused, neglected,	6981
dependent, unruly, or delinquent children and under the	6982
jurisdiction of the juvenile court and children whose parents or	6983
custodians are voluntarily seeking services;	6984

(2) Designates an individual, approved by the family, to	6985
track the progress of the family service coordination plan,	6986
schedule reviews as necessary, and facilitate the family service	6987
coordination plan meeting process;	6988

(3) Ensures that assistance and services to be provided are	6989
responsive to the strengths and needs of the family, as well as	6990
the family's culture, race, and ethnic group, by allowing the	6991
family to offer information and suggestions and participate in	6992
decisions. Identified assistance and services shall be provided in	6993
the least restrictive environment possible.	6994

(4) Includes a process for dealing with a child who is	6995
alleged to be an unruly child. The process shall include methods	6996
to divert the child from the juvenile court system;	6997

(5) Includes timelines for completion of goals specified in	6998
the plan with regular reviews scheduled to monitor progress toward	6999
those goals;	7000

(6) Includes a plan for dealing with short-term crisis	7001
situations and safety concerns.	7002

(E)(1) The process provided for under division (D)(4) of this	7003
section may include, but is not limited to, the following:	7004

(a) Designation of the person or agency to conduct the	7005
assessment of the child and the child's family as described in	7006
division (C)(7) of this section and designation of the instrument	7007
or instruments to be used to conduct the assessment;	7008

(b) An emphasis on the personal responsibilities of the child	7009
and the parental responsibilities of the parents, guardian, or	7010
custodian of the child;	7011

(c) Involvement of local law enforcement agencies and	7012
officials.	7013

(2) The method to divert a child from the juvenile court	7014
system that must be included in the service coordination process	7015
may include, but is not limited to, the following:	7016

(a) The preparation of a complaint under section 2151.27 of	7017
the Revised Code alleging that the child is an unruly child and	7018
notifying the child and the parents, guardian, or custodian that	7019
the complaint has been prepared to encourage the child and the	7020
parents, guardian, or custodian to comply with other methods to	7021
divert the child from the juvenile court system;	7022

(b) Conducting a meeting with the child, the parents,	7023
guardian, or custodian, and other interested parties to determine	7024
the appropriate methods to divert the child from the juvenile	7025
court system;	7026

(c) A method to provide to the child and the child's family a	7027
short-term respite from a short-term crisis situation involving a	7028
confrontation between the child and the parents, guardian, or	7029
custodian;	7030

(d) A program to provide a mentor to the child or the	7031
parents, guardian, or custodian;	7032

(e) A program to provide parenting education to the parents,	7033
guardian, or custodian;	7034

(f) An alternative school program for children who are truant	7035
from school, repeatedly disruptive in school, or suspended or	7036
expelled from school;	7037

(g) Other appropriate measures, including, but not limited	7038
to, any alternative methods to divert a child from the juvenile	7039
court system that are identified by the Ohio family and children	7040
first cabinet council.	7041

(F) Each county may review and revise the service	7042
coordination process described in division (D) of this section	7043
based on the availability of funds under Title IV-A of the "Social	7044
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	7045
or to the extent resources are available from any other federal,	7046
state, or local funds.	7047

Sec. 121.40. (A) There is hereby created the Ohio ~~community~~	7048
commission on service ~~council~~and volunteerism consisting of	7049
twenty-one voting members including the superintendent of public	7050
instruction or the superintendent's designee, the chancellor of	7051
the Ohio board of regents or the chancellor's designee, the	7052
director of youth services or the director's designee, the	7053
director of aging or the director's designee, the chairperson of	7054
the committee of the house of representatives dealing with	7055
education or the chairperson's designee, the chairperson of the	7056
committee of the senate dealing with education or the	7057
chairperson's designee, and fifteen members who shall be appointed	7058
by the governor with the advice and consent of the senate and who	7059
shall serve terms of office of three years. The appointees shall	7060
include educators, including teachers and administrators;	7061
representatives of youth organizations; students and parents;	7062
representatives of organizations engaged in volunteer program	7063
development and management throughout the state, including youth	7064
and conservation programs; and representatives of business,	7065
government, nonprofit organizations, social service agencies,	7066
veterans organizations, religious organizations, or philanthropies	7067
that support or encourage volunteerism within the state. The	7068
director of the governor's office of faith-based and community	7069
initiatives shall serve as a nonvoting ex officio member of the	7070
~~council~~commission. Members of the ~~council~~commission shall	7071
receive no compensation, but shall be reimbursed for actual and	7072
necessary expenses incurred in the performance of their official	7073
duties.	7074

(B) The ~~council~~commission shall appoint an executive	7075
director for the ~~council~~commission, who shall be in the	7076
unclassified civil service. The governor shall be informed of the	7077
appointment of an executive director before such an appointment is	7078
made. The executive director shall supervise the ~~council's~~	7079
commission's activities and report to the ~~council~~commission on	7080
the progress of those activities. The executive director shall do	7081
all things necessary for the efficient and effective	7082
implementation of the duties of the ~~council~~commission.	7083

The responsibilities assigned to the executive director do	7084
not relieve the members of the ~~council~~commission from final	7085
responsibility for the proper performance of the requirements of	7086
this section.	7087

(C) The ~~council~~commission or its designee shall do all of	7088
the following:	7089

(1) Employ, promote, supervise, and remove all employees as	7090
needed in connection with the performance of its duties under this	7091
section and may assign duties to those employees as necessary to	7092
achieve the most efficient performance of its functions, and to	7093
that end may establish, change, or abolish positions, and assign	7094
and reassign duties and responsibilities of any employee of the	7095
~~council~~commission. Personnel employed by the ~~council~~commission	7096
who are subject to Chapter 4117. of the Revised Code shall retain	7097
all of their rights and benefits conferred pursuant to that	7098
chapter. Nothing in this chapter shall be construed as eliminating	7099
or interfering with Chapter 4117. of the Revised Code or the	7100
rights and benefits conferred under that chapter to public	7101
employees or to any bargaining unit.	7102

(2) Maintain its office in Columbus, and may hold sessions at	7103
any place within the state;	7104

(3) Acquire facilities, equipment, and supplies necessary to	7105
house the ~~council~~commission, its employees, and files and records	7106
under its control, and to discharge any duty imposed upon it by	7107
law. The expense of these acquisitions shall be audited and paid	7108
for in the same manner as other state expenses. For that purpose,	7109
the ~~council~~commission shall prepare and submit to the office of	7110
budget and management a budget for each biennium according to	7111
sections 101.532 and 107.03 of the Revised Code. The budget	7112
submitted shall cover the costs of the ~~council~~commission and its	7113
staff in the discharge of any duty imposed upon the ~~council~~	7114
commission by law. The ~~council~~commission shall not delegate any	7115
authority to obligate funds.	7116

(4) Pay its own payroll and other operating expenses from	7117
line items designated by the general assembly;	7118

(5) Retain its fiduciary responsibility as appointing	7119
authority. Any transaction instructions shall be certified by the	7120
appointing authority or its designee.	7121

(6) Establish the overall policy and management of the	7122
~~council~~commission in accordance with this chapter;	7123

(7) Assist in coordinating and preparing the state	7124
application for funds under sections 101 to 184 of the "National	7125
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42	7126
U.S.C.A. 12411 to 12544, as amended, assist in administering and	7127
overseeing the "National and Community Service Trust Act of 1993,"	7128
P.L. 103-82, 107 Stat. 785, and the americorps program in this	7129
state, and assist in developing objectives for a comprehensive	7130
strategy to encourage and expand community service programs	7131
throughout the state;	7132

(8) Assist the state board of education, school districts,	7133
the chancellor of the board of regents, and institutions of higher	7134
education in coordinating community service education programs	7135
through cooperative efforts between institutions and organizations	7136
in the public and private sectors;	7137

(9) Assist the departments of natural resources, youth	7138
services, aging, and job and family services in coordinating	7139
community service programs through cooperative efforts between	7140
institutions and organizations in the public and private sectors;	7141

(10) Suggest individuals and organizations that are available	7142
to assist school districts, institutions of higher education, and	7143
the departments of natural resources, youth services, aging, and	7144
job and family services in the establishment of community service	7145
programs and assist in investigating sources of funding for	7146
implementing these programs;	7147

(11) Assist in evaluating the state's efforts in providing	7148
community service programs using standards and methods that are	7149
consistent with any statewide objectives for these programs and	7150
provide information to the state board of education, school	7151
districts, the chancellor of the board of regents, institutions of	7152
higher education, and the departments of natural resources, youth	7153
services, aging, and job and family services to guide them in	7154
making decisions about these programs;	7155

(12) Assist the state board of education in complying with	7156
section 3301.70 of the Revised Code and the chancellor of the	7157
board of regents in complying with division (B)(2) of section	7158
3333.043 of the Revised Code;	7159

(13) Advise, assist, consult with, and cooperate with, by	7160
contract or otherwise, agencies and political subdivisions of this	7161
state in establishing a statewide system for volunteers pursuant	7162
to section 121.404 of the Revised Code.	7163

(D) The ~~council~~commission shall in writing enter into an	7164
agreement with another state agency to serve as the ~~council's~~	7165
commission's fiscal agent. Before entering into such an agreement,	7166
the ~~council~~commission shall inform the governor of the terms of	7167
the agreement and of the state agency designated to serve as the	7168
~~council's~~commission's fiscal agent. The fiscal agent shall be	7169
responsible for all the ~~council's~~commission's fiscal matters and	7170
financial transactions, as specified in the agreement. Services to	7171
be provided by the fiscal agent include, but are not limited to,	7172
the following:	7173

(1) Preparing and processing payroll and other personnel	7174
documents that the ~~council~~commission executes as the appointing	7175
authority;	7176

(2) Maintaining ledgers of accounts and reports of account	7177
balances, and monitoring budgets and allotment plans in	7178
consultation with the ~~council~~commission; and	7179

(3) Performing other routine support services that the fiscal	7180
agent considers appropriate to achieve efficiency.	7181

(E)(1) The ~~council~~commission, in conjunction and	7182
consultation with the fiscal agent, has the following authority	7183
and responsibility relative to fiscal matters:	7184

(a) Sole authority to draw funds for any and all federal	7185
programs in which the ~~council~~commission is authorized to	7186
participate;	7187

(b) Sole authority to expend funds from their accounts for	7188
programs and any other necessary expenses the ~~council~~commission	7189
may incur and its subgrantees may incur; and	7190

(c) Responsibility to cooperate with and inform the fiscal	7191
agent fully of all financial transactions.	7192

(2) The ~~council~~commission shall follow all state	7193
procurement, fiscal, human resources, statutory, and	7194
administrative rule requirements.	7195

(3) The fiscal agent shall determine fees to be charged to	7196
the ~~council~~commission, which shall be in proportion to the	7197
services performed for the ~~council~~commission.	7198

(4) The ~~council~~commission shall pay fees owed to the fiscal	7199
agent from a general revenue fund of the ~~council~~commission or	7200
from any other fund from which the operating expenses of the	7201
~~council~~commission are paid. Any amounts set aside for a fiscal	7202
year for the payment of these fees shall be used only for the	7203
services performed for the ~~council~~commission by the fiscal agent	7204
in that fiscal year.	7205

(F) The ~~council~~commission may accept and administer grants	7206
from any source, public or private, to carry out any of the	7207
~~council's~~commission's functions this section establishes.	7208

Sec. 121.401. (A) As used in this section and section	7209
121.402 of the Revised Code, "organization or entity" and	7210
"unsupervised access to a child" have the same meanings as in	7211
section 109.574 of the Revised Code.	7212

(B) The Ohio ~~community~~commission on service ~~council~~and	7213
volunteerism shall adopt a set of "recommended best practices" for	7214
organizations or entities to follow when one or more volunteers of	7215
the organization or entity have unsupervised access to one or more	7216
children or otherwise interact with one or more children. The	7217
"recommended best practices" shall focus on, but shall not be	7218
limited to, the issue of the safety of the children and, in	7219
addition, the screening and supervision of volunteers. The	7220
"recommended best practices" shall include as a recommended best	7221
practice that the organization or entity subject to a criminal	7222
records check performed by the bureau of criminal identification	7223
and investigation pursuant to section 109.57, section 109.572, or	7224
rules adopted under division (E) of section 109.57 of the Revised	7225
Code, all of the following:	7226

(1) All persons who apply to serve as a volunteer in a	7227
position in which the person will have unsupervised access to a	7228
child on a regular basis.	7229

(2) All volunteers who are in a position in which the person	7230
will have unsupervised access to a child on a regular basis and	7231
who the organization or entity has not previously subjected to a	7232
criminal records check performed by the bureau of criminal	7233
identification and investigation.	7234

(C) The set of "recommended best practices" required to be	7235
adopted by this section are in addition to the educational program	7236
required to be adopted under section 121.402 of the Revised Code.	7237

Sec. 121.402. (A) The Ohio ~~community~~commission on service	7238
~~council~~and volunteerism shall establish and maintain an	7239
educational program that does all of the following:	7240

(1) Makes available to parents and guardians of children	7241
notice about the provisions of sections 109.574 to 109.577,	7242
section 121.401, and section 121.402 of the Revised Code and	7243
information about how to keep children safe when they are under	7244
the care, custody, or control of a person other than the parent or	7245
guardian;	7246

(2) Makes available to organizations and entities information	7247
regarding the best methods of screening and supervising	7248
volunteers, how to obtain a criminal records check of a volunteer,	7249
confidentiality issues relating to reports of criminal records	7250
checks, and record keeping regarding the reports;	7251

(3) Makes available to volunteers information regarding the	7252
possibility of being subjected to a criminal records check and	7253
displaying appropriate behavior to minors;	7254

(4) Makes available to children advice on personal safety and	7255
information on what action to take if someone takes inappropriate	7256
action towards a child.	7257

(B) The program shall begin making the materials described in	7258
this section available not later than March 22, 2002.	7259

Sec. 121.403. (A) The Ohio ~~community~~commission on service	7260
~~council~~and volunteerism may do any of the following:	7261

(1) Accept monetary gifts or donations;

7262

(2) Sponsor conferences, meetings, or events in furtherance	7263
of the ~~council's~~commission's purpose described in section 121.40	7264
of the Revised Code and charge fees for participation or	7265
involvement in the conferences, meetings, or events;	7266

(3) Sell promotional items in furtherance of the ~~council's~~	7267
commission's purpose described in section 121.40 of the Revised	7268
Code.	7269

(B) All monetary gifts and donations, funds from the sale of	7270
promotional items, contributions received from the issuance of	7271
Ohio "volunteer" license plates pursuant to section 4503.93 of the	7272
Revised Code, and any fees paid to the ~~council~~commission for	7273
conferences, meetings, or events sponsored by the ~~council~~	7274
commission shall be deposited into the Ohio ~~community~~commission	7275
on service ~~council~~and volunteerism gifts and donations fund,	7276
which is hereby created in the state treasury. Moneys in the fund	7277
may be used only as follows:	7278

(1) To pay operating expenses of the ~~council~~commission,	7279
including payroll, personal services, maintenance, equipment, and	7280
subsidy payments;	7281

(2) To support ~~council~~commission programs promoting	7282
volunteerism and community service in the state;	7283

(3) As matching funds for federal grants.

7284

Sec. 121.404. (A) The Ohio ~~community~~commission on service	7285
~~council~~and volunteerism shall advise, assist, consult with, and	7286
cooperate with agencies and political subdivisions of this state	7287
to establish a statewide system for recruiting, registering,	7288
training, and deploying the types of volunteers the ~~council~~	7289
commission considers advisable and reasonably necessary to respond	7290
to an emergency declared by the state or political subdivision.	7291

(B) A registered volunteer is not liable in damages to any	7292
person or government entity in tort or other civil action,	7293
including an action upon a medical, dental, chiropractic,	7294
optometric, or other health-related claim or veterinary claim, for	7295
injury, death, or loss to person or property that may arise from	7296
an act or omission of that volunteer. This division applies to a	7297
registered volunteer while providing services within the scope of	7298
the volunteer's responsibilities during an emergency declared by	7299
the state or political subdivision or in disaster-related	7300
exercises, testing, or other training activities, if the	7301
volunteer's act or omission does not constitute willful or wanton	7302
misconduct.	7303

(C) The Ohio ~~community~~commission on service ~~council~~and	7304
volunteerism shall adopt rules pursuant to Chapter 119. of the	7305
Revised Code to establish fees, procedures, standards, and	7306
requirements the ~~council~~commission considers necessary to carry	7307
out the purposes of this section.	7308

(D)(1) A registered volunteer's status as a volunteer, and	7309
any information presented in summary, statistical, or aggregate	7310
form that does not identify an individual, is a public record	7311
pursuant to section 149.43 of the Revised Code.	7312

(2) Information related to a registered volunteer's specific	7313
and unique responsibilities, assignments, or deployment plans,	7314
including but not limited to training, preparedness, readiness, or	7315
organizational assignment, is a security record for purposes of	7316
section 149.433 of the Revised Code.	7317

(3) Information related to a registered volunteer's personal	7318
information, including but not limited to contact information,	7319
medical information, or information related to family members or	7320
dependents, is not a public record pursuant to section 149.43 of	7321
the Revised Code.	7322

(E) As used in this section and section 121.40 of the Revised	7323
Code:	7324

(1) "Registered volunteer" means any individual registered as	7325
a volunteer pursuant to procedures established under this section	7326
and who serves without pay or other consideration, other than the	7327
reasonable reimbursement or allowance for expenses actually	7328
incurred or the provision of incidental benefits related to the	7329
volunteer's service, such as meals, lodging, and childcare.	7330

(2) "Political subdivision" means a county, township, or	7331
municipal corporation in this state.	7332

Sec. 122.121. (A) If an endorsing municipality or endorsing	7333
county enters into a joinder undertaking with a site selection	7334
organization, the endorsing municipality or endorsing county may	7335
apply to the director of development, on a form and in the manner	7336
prescribed by the director, for a grant based on the projected	7337
incremental increase in the receipts from the tax imposed under	7338
section 5739.02 of the Revised Code within the market area	7339
designated under division (C) of this section, for the two-week	7340
period that ends at the end of the day after the date on which a	7341
game will be held, that is directly attributable, as determined by	7342
the director, to the preparation for and presentation of the game.	7343
The director shall determine the projected incremental increase in	7344
the tax imposed under section 5739.02 of the Revised Code from	7345
information certified to the director by the endorsing	7346
municipality or the endorsing county including, but not limited	7347
to, historical attendance and ticket sales for the game, income	7348
statements showing revenue and expenditures for the game in prior	7349
years, attendance capacity at the proposed venues, event budget at	7350
the proposed venues, and projected lodging room nights based on	7351
historical attendance, attendance capacity at the proposed venues,	7352
and duration of the game and related activities. The endorsing	7353
municipality or endorsing county is eligible to receive a grant	7354
under this section only if the projected incremental increase in	7355
receipts from the tax imposed under section 5739.02 of the Revised	7356
Code, as determined by the director, exceeds two hundred fifty	7357
thousand dollars. The amount of the grant shall be determined by	7358
the director but shall not exceed five hundred thousand dollars.	7359
The director shall not issue grants with a total value of more	7360
than one million dollars in any fiscal year, and shall not issue	7361
any grant before July 1, ~~2011~~2013.	7362

(B) If the director of development approves an application	7363
for an endorsing municipality or endorsing county and that	7364
endorsing municipality or endorsing county enters into a joinder	7365
agreement with a site selection organization, the endorsing	7366
municipality or endorsing county shall file a copy of the joinder	7367
agreement with the director of development, who immediately shall	7368
notify the director of budget and management of the filing. Within	7369
thirty days after receiving the notice, the director of budget and	7370
management shall establish a schedule to disburse from the general	7371
revenue fund to such endorsing municipality or endorsing county	7372
payments that total the amount certified by the director of	7373
development under division (A) of this section, but in no event	7374
shall the total amount disbursed exceed five hundred thousand	7375
dollars, and no disbursement shall be made before July 1, ~~2011~~	7376
2013. The payments shall be used exclusively by the endorsing	7377
municipality or endorsing county to fulfill a portion of its	7378
obligations to a site selection organization under game support	7379
contracts, which obligations may include the payment of costs	7380
relating to the preparations necessary for the conduct of the	7381
game, including acquiring, renovating, or constructing facilities;	7382
to pay the costs of conducting the game; and to assist the local	7383
organizing committee, endorsing municipality, or endorsing county	7384
in providing assurances required by a site selection organization	7385
sponsoring one or more games.	7386

(C) For the purposes of division (A) of this section, the	7387
director of development, in consultation with the tax	7388
commissioner, shall designate as a market area for a game each	7389
area in which they determine there is a reasonable likelihood of	7390
measurable economic impact directly attributable to the	7391
preparation for and presentation of the game and related events,	7392
including areas likely to provide venues, accommodations, and	7393
services in connection with the game based on the information and	7394
the copy of the joinder undertaking provided to the director under	7395
divisions (A) and (B) of this section. The director and	7396
commissioner shall determine the geographic boundaries of each	7397
market area. An endorsing municipality or endorsing county that	7398
has been selected as the site for a game must be included in a	7399
market area for the game.	7400

(D) A local organizing committee, endorsing municipality, or	7401
endorsing county shall provide information required by the	7402
director of development and tax commissioner to enable the	7403
director and commissioner to fulfill their duties under this	7404
section, including annual audited statements of any financial	7405
records required by a site selection organization and data	7406
obtained by the local organizing committee, endorsing	7407
municipality, or endorsing county relating to attendance at a game	7408
and to the economic impact of the game. A local organizing	7409
committee, an endorsing municipality, or an endorsing county shall	7410
provide an annual audited financial statement if so required by	7411
the director and commissioner, not later than the end of the	7412
fourth month after the date the period covered by the financial	7413
statement ends.	7414

(E) Within sixty days after the game, the endorsing	7415
municipality or the endorsing county shall report to the director	7416
of development about the economic impact of the game. The report	7417
shall be in the form and substance required by the director,	7418
including, but not limited to, a final income statement for the	7419
event showing total revenue and expenditures and revenue and	7420
expenditures in the market area for the game, and ticket sales for	7421
the game and any related activities for which admission was	7422
charged. The director of development shall determine, based on the	7423
reported information and the exercise of reasonable judgment, the	7424
incremental increase in receipts from the tax imposed under	7425
section 5739.02 of the Revised Code directly attributable to the	7426
game. If the actual incremental increase in such receipts is less	7427
than the projected incremental increase in receipts, the director	7428
may require the endorsing municipality or the endorsing county to	7429
refund to the state all or a portion of the grant.	7430

(F) No disbursement may be made under this section if the	7431
director of development determines that it would be used for the	7432
purpose of soliciting the relocation of a professional sports	7433
franchise located in this state.	7434

(G) This section may not be construed as creating or	7435
requiring a state guarantee of obligations imposed on an endorsing	7436
municipality or endorsing county under a game support contract or	7437
any other agreement relating to hosting one or more games in this	7438
state.	7439

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

7440

(1) "Capital investment project" means a plan of investment	7441
at a project site for the acquisition, construction, renovation,	7442
or repair of buildings, machinery, or equipment, or for	7443
capitalized costs of basic research and new product development	7444
determined in accordance with generally accepted accounting	7445
principles, but does not include any of the following:	7446

(a) Payments made for the acquisition of personal property	7447
through operating leases;	7448

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

7449

(c) Payments made to a related member as defined in section	7450
5733.042 of the Revised Code or to a consolidated elected taxpayer	7451
or a combined taxpayer as defined in section 5751.01 of the	7452
Revised Code.	7453

(2) "Eligible business" means a taxpayer and its related	7454
members with Ohio operations satisfying all of the following:	7455

(a) The taxpayer employs at least five hundred full-time	7456
equivalent employees or has an annual payroll of at least	7457
thirty-five million dollars at the time the tax credit authority	7458
grants the tax credit under this section;	7459

(b) The taxpayer makes or causes to be made payments for the	7460
capital investment project of ~~either~~one of the following:	7461

(i) If the taxpayer is engaged at the project site primarily	7462
as a manufacturer, at least fifty million dollars in the aggregate	7463
at the project site during a period of three consecutive calendar	7464
years, including the calendar year that includes a day of the	7465
taxpayer's taxable year or tax period with respect to which the	7466
credit is granted;	7467

(ii) If the taxpayer is engaged at the project site primarily	7468
in significant corporate administrative functions, as defined by	7469
the director of development by rule, at least twenty million	7470
dollars in the aggregate at the project site during a period of	7471
three consecutive calendar years including the calendar year that	7472
includes a day of the taxpayer's taxable year or tax period with	7473
respect to which the credit is granted;	7474

(iii) If the taxpayer is applying to enter into an agreement	7475
for a tax credit authorized under division (B)(3) of this section,	7476
at least five million dollars in the aggregate at the project site	7477
during a period of three consecutive calendar years, including the	7478
calendar year that includes a day of the taxpayer's taxable year	7479
or tax period with respect to which the credit is granted.	7480

(c) The taxpayer had a capital investment project reviewed	7481
and approved by the tax credit authority as provided in divisions	7482
(C), (D), and (E) of this section.	7483

(3) "Full-time equivalent employees" means the quotient	7484
obtained by dividing the total number of hours for which employees	7485
were compensated for employment in the project by two thousand	7486
eighty. "Full-time equivalent employees" shall exclude hours that	7487
are counted for a credit under section 122.17 of the Revised Code.	7488

(4) "Income tax revenue" means the total amount withheld	7489
under section 5747.06 of the Revised Code by the taxpayer during	7490
the taxable year, or during the calendar year that includes the	7491
tax period, from the compensation of all employees employed in the	7492
project whose hours of compensation are included in calculating	7493
the number of full-time equivalent employees.	7494

(5) "Manufacturer" has the same meaning as in section	7495
5739.011 of the Revised Code.	7496

(6) "Project site" means an integrated complex of facilities	7497
in this state, as specified by the tax credit authority under this	7498
section, within a fifteen-mile radius where a taxpayer is	7499
primarily operating as an eligible business.	7500

(7) "Related member" has the same meaning as in section	7501
5733.042 of the Revised Code as that section existed on the	7502
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	7503
general assembly, September 29, 1997.	7504

(8) "Taxable year" includes, in the case of a domestic or	7505
foreign insurance company, the calendar year ending on the	7506
thirty-first day of December preceding the day the superintendent	7507
of insurance is required to certify to the treasurer of state	7508
under section 5725.20 or 5729.05 of the Revised Code the amount of	7509
taxes due from insurance companies.	7510

(B) The tax credit authority created under section 122.17 of	7511
the Revised Code may grant tax credits under this section for the	7512
purpose of fostering job retention in this state. Upon application	7513
by an eligible business and upon consideration of the	7514
recommendation of the director of budget and management, tax	7515
commissioner, the superintendent of insurance in the case of an	7516
insurance company, and director of development under division (C)	7517
of this section, the tax credit authority may grant the following	7518
credits against the tax imposed by section 5725.18, 5729.03,	7519
5733.06, 5747.02, or 5751.02 of the Revised Code:	7520

(1) A nonrefundable credit to an eligible business;

7521

(2) A refundable credit to an eligible business meeting the	7522
following conditions, provided that the director of budget and	7523
management, tax commissioner, superintendent of insurance in the	7524
case of an insurance company, and director of development have	7525
recommended the granting of the credit to the tax credit authority	7526
before July 1, 2011:	7527

(a) The business retains at least one thousand full-time	7528
equivalent employees at the project site.	7529

(b) The business makes or causes to be made payments for a	7530
capital investment project of at least twenty-five million dollars	7531
in the aggregate at the project site during a period of three	7532
consecutive calendar years, including the calendar year that	7533
includes a day of the business' taxable year or tax period with	7534
respect to which the credit is granted.	7535

(c) In 2010, the business received a written offer of	7536
financial incentives from another state of the United States that	7537
the director determines to be sufficient inducement for the	7538
business to relocate the business' operations from this state to	7539
that state.	7540

(3) A refundable credit to an eligible business with a total	7541
annual payroll of at least twenty million dollars, provided that	7542
the tax credit authority grants the tax credit on or after July 1,	7543
2011, and before January 1, 2014.	7544

The credits authorized in divisions (B)(1) ~~and~~, (2), and (3)	7545
of this section may be granted for a period up to fifteen taxable	7546
years or, in the case of the tax levied by section 5751.02 of the	7547
Revised Code, for a period of up to fifteen calendar years. The	7548
credit amount for a taxable year or a calendar year that includes	7549
the tax period for which a credit may be claimed equals the income	7550
tax revenue for that year multiplied by the percentage specified	7551
in the agreement with the tax credit authority. The percentage may	7552
not exceed seventy-five per cent. The credit shall be claimed in	7553
the order required under section 5725.98, 5729.98, 5733.98,	7554
5747.98, or 5751.98 of the Revised Code. In determining the	7555
percentage and term of the credit, the tax credit authority shall	7556
consider both the number of full-time equivalent employees and the	7557
value of the capital investment project. The credit amount may not	7558
be based on the income tax revenue for a calendar year before the	7559
calendar year in which the tax credit authority specifies the tax	7560
credit is to begin, and the credit shall be claimed only for the	7561
taxable years or tax periods specified in the eligible business'	7562
agreement with the tax credit authority. In no event shall the	7563
credit be claimed for a taxable year or tax period terminating	7564
before the date specified in the agreement. Any credit granted	7565
under this section against the tax imposed by section 5733.06 or	7566
5747.02 of the Revised Code, to the extent not fully utilized	7567
against such tax for taxable years ending prior to 2008, shall	7568
automatically be converted without any action taken by the tax	7569
credit authority to a credit against the tax levied under Chapter	7570
5751. of the Revised Code for tax periods beginning on or after	7571
July 1, 2008, provided that the person to whom the credit was	7572
granted is subject to such tax. The converted credit shall apply	7573
to those calendar years in which the remaining taxable years	7574
specified in the agreement end.	7575

If a nonrefundable credit allowed under division (B)(1) of	7576
this section for a taxable year or tax period exceeds the	7577
taxpayer's tax liability for that year or period, the excess may	7578
be carried forward for the three succeeding taxable or calendar	7579
years, but the amount of any excess credit allowed in any taxable	7580
year or tax period shall be deducted from the balance carried	7581
forward to the succeeding year or period.	7582

(C) A taxpayer that proposes a capital investment project to	7583
retain jobs in this state may apply to the tax credit authority to	7584
enter into an agreement for a tax credit under this section. The	7585
director of development shall prescribe the form of the	7586
application. After receipt of an application, the authority shall	7587
forward copies of the application to the director of budget and	7588
management, the tax commissioner, the superintendent of insurance	7589
in the case of an insurance company, and the director of	7590
development, each of whom shall review the application to	7591
determine the economic impact the proposed project would have on	7592
the state and the affected political subdivisions and shall submit	7593
a summary of their determinations and recommendations to the	7594
authority.	7595

(D) Upon review and consideration of the determinations and	7596
recommendations described in division (C) of this section, the tax	7597
credit authority may enter into an agreement with the taxpayer for	7598
a credit under this section if the authority determines all of the	7599
following:	7600

(1) The taxpayer's capital investment project will result in	7601
the retention of employment in this state.	7602

(2) The taxpayer is economically sound and has the ability to	7603
complete the proposed capital investment project.	7604

(3) The taxpayer intends to and has the ability to maintain	7605
operations at the project site for at least the greater of (a) the	7606
term of the credit plus three years, or (b) seven years.	7607

(4) Receiving the credit is a major factor in the taxpayer's	7608
decision to begin, continue with, or complete the project.	7609

(5) If the taxpayer is applying to enter into an agreement	7610
for a tax credit authorized under division (B)(3) of this section,	7611
the taxpayer's capital investment project will be located in the	7612
political subdivision in which the taxpayer maintains its	7613
principal place of business.	7614

(E) An agreement under this section shall include all of the	7615
following:	7616

(1) A detailed description of the project that is the subject	7617
of the agreement, including the amount of the investment, the	7618
period over which the investment has been or is being made, the	7619
number of full-time equivalent employees at the project site, and	7620
the anticipated income tax revenue to be generated.	7621

(2) The term of the credit, the percentage of the tax credit,	7622
the maximum annual value of tax credits that may be allowed each	7623
year, and the first year for which the credit may be claimed.	7624

(3) A requirement that the taxpayer maintain operations at	7625
the project site for at least the greater of (a) the term of the	7626
credit plus three years, or (b) seven years.	7627

(4) ~~A requirement that the taxpayer retain a specified number~~	7628
~~of full-time equivalent employees at the project site and within~~	7629
~~this state for the term of the credit, including a requirement~~	7630
~~that the taxpayer continue to employ at least five hundred~~	7631
~~full-time equivalent employees during the entire term of the~~	7632
~~agreement in the case of a credit granted under division (B)(1) of~~	7633
~~this section, and one thousand full-time equivalent employees in~~	7634
~~the case of a credit granted under division (B)(2) of this section~~	7635
(a) In the case of a credit granted under division (B)(1) of this	7636
section, a requirement that the taxpayer retain at least five	7637
hundred full-time equivalent employees at the project site and	7638
within this state for the entire term of the credit, or a	7639
requirement that the taxpayer maintain an annual payroll of at	7640
least thirty-five million dollars for the entire term of the	7641
credit;	7642

(b) In the case of a credit granted under division (B)(2) of	7643
this section, a requirement that the taxpayer retain at least one	7644
thousand full-time equivalent employees at the project site and	7645
within this state for the entire term of the credit;	7646

(c) In the case of a credit granted under division (B)(3) of	7647
this section, either of the following:	7648

(i) A requirement that the taxpayer retain at least five	7649
hundred full-time equivalent employees at the project site and	7650
within this state for the entire term of the credit and a	7651
requirement that the taxpayer maintain an annual payroll of at	7652
least twenty million dollars for the entire term of the credit;	7653

(ii) A requirement that the taxpayer maintain an annual	7654
payroll of at least thirty-five million dollars for the entire	7655
term of the credit.	7656

(5) A requirement that the taxpayer annually report to the	7657
director of development employment, tax withholding, capital	7658
investment, and other information the director needs to perform	7659
the director's duties under this section.	7660

(6) A requirement that the director of development annually	7661
review the annual reports of the taxpayer to verify the	7662
information reported under division (E)(5) of this section and	7663
compliance with the agreement. Upon verification, the director	7664
shall issue a certificate to the taxpayer stating that the	7665
information has been verified and identifying the amount of the	7666
credit for the taxable year or calendar year that includes the tax	7667
period. In determining the number of full-time equivalent	7668
employees, no position shall be counted that is filled by an	7669
employee who is included in the calculation of a tax credit under	7670
section 122.17 of the Revised Code.	7671

(7) A provision providing that the taxpayer may not relocate	7672
a substantial number of employment positions from elsewhere in	7673
this state to the project site unless the director of development	7674
determines that the taxpayer notified the legislative authority of	7675
the county, township, or municipal corporation from which the	7676
employment positions would be relocated.	7677

For purposes of this section, the movement of an employment	7678
position from one political subdivision to another political	7679
subdivision shall be considered a relocation of an employment	7680
position unless the movement is confined to the project site. The	7681
transfer of an employment position from one political subdivision	7682
to another political subdivision shall not be considered a	7683
relocation of an employment position if the employment position in	7684
the first political subdivision is replaced by another employment	7685
position.	7686

(8) A waiver by the taxpayer of any limitations periods	7687
relating to assessments or adjustments resulting from the	7688
taxpayer's failure to comply with the agreement.	7689

(F) If a taxpayer fails to meet or comply with any condition	7690
or requirement set forth in a tax credit agreement, the tax credit	7691
authority may amend the agreement to reduce the percentage or term	7692
of the credit. The reduction of the percentage or term may take	7693
effect in the current taxable or calendar year.	7694

(G) Financial statements and other information submitted to	7695
the department of development or the tax credit authority by an	7696
applicant for or recipient of a tax credit under this section, and	7697
any information taken for any purpose from such statements or	7698
information, are not public records subject to section 149.43 of	7699
the Revised Code. However, the chairperson of the authority may	7700
make use of the statements and other information for purposes of	7701
issuing public reports or in connection with court proceedings	7702
concerning tax credit agreements under this section. Upon the	7703
request of the tax commissioner, or the superintendent of	7704
insurance in the case of an insurance company, the chairperson of	7705
the authority shall provide to the commissioner or superintendent	7706
any statement or other information submitted by an applicant for	7707
or recipient of a tax credit in connection with the credit. The	7708
commissioner or superintendent shall preserve the confidentiality	7709
of the statement or other information.	7710

(H) A taxpayer claiming a tax credit under this section shall	7711
submit to the tax commissioner or, in the case of an insurance	7712
company, to the superintendent of insurance, a copy of the	7713
director of development's certificate of verification under	7714
division (E)(6) of this section with the taxpayer's tax report or	7715
return for the taxable year or for the calendar year that includes	7716
the tax period. Failure to submit a copy of the certificate with	7717
the report or return does not invalidate a claim for a credit if	7718
the taxpayer submits a copy of the certificate to the commissioner	7719
or superintendent within sixty days after the commissioner or	7720
superintendent requests it.	7721

(I) For the purposes of this section, a taxpayer may include	7722
a partnership, a corporation that has made an election under	7723
subchapter S of chapter one of subtitle A of the Internal Revenue	7724
Code, or any other business entity through which income flows as a	7725
distributive share to its owners. A partnership, S-corporation, or	7726
other such business entity may elect to pass the credit received	7727
under this section through to the persons to whom the income or	7728
profit of the partnership, S-corporation, or other entity is	7729
distributed. The election shall be made on the annual report	7730
required under division (E)(5) of this section. The election	7731
applies to and is irrevocable for the credit for which the report	7732
is submitted. If the election is made, the credit shall be	7733
apportioned among those persons in the same proportions as those	7734
in which the income or profit is distributed.	7735

(J) If the director of development determines that a taxpayer	7736
that received a tax credit under this section is not complying	7737
with the requirement under division (E)(3) of this section, the	7738
director shall notify the tax credit authority of the	7739
noncompliance. After receiving such a notice, and after giving the	7740
taxpayer an opportunity to explain the noncompliance, the	7741
authority may terminate the agreement and require the taxpayer to	7742
refund to the state all or a portion of the credit claimed in	7743
previous years, as follows:	7744

(1) If the taxpayer maintained operations at the project site	7745
for less than or equal to the term of the credit, an amount not to	7746
exceed one hundred per cent of the sum of any tax credits allowed	7747
and received under this section.	7748

(2) If the taxpayer maintained operations at the project site	7749
longer than the term of the credit, but less than the greater of	7750
(a) the term of the credit plus three years, or (b) seven years,	7751
the amount required to be refunded shall not exceed seventy-five	7752
per cent of the sum of any tax credits allowed and received under	7753
this section.	7754

In determining the portion of the credit to be refunded to	7755
this state, the authority shall consider the effect of market	7756
conditions on the taxpayer's project and whether the taxpayer	7757
continues to maintain other operations in this state. After making	7758
the determination, the authority shall certify the amount to be	7759
refunded to the tax commissioner or the superintendent of	7760
insurance. If the taxpayer is not an insurance company, the	7761
commissioner shall make an assessment for that amount against the	7762
taxpayer under Chapter 5733., 5747., or 5751. of the Revised Code.	7763
If the taxpayer is an insurance company, the superintendent of	7764
insurance shall make an assessment under section 5725.222 or	7765
5729.102 of the Revised Code. The time limitations on assessments	7766
under those chapters and sections do not apply to an assessment	7767
under this division, but the commissioner or superintendent shall	7768
make the assessment within one year after the date the authority	7769
certifies to the commissioner or superintendent the amount to be	7770
refunded.	7771

(K) The director of development, after consultation with the	7772
tax commissioner and the superintendent of insurance and in	7773
accordance with Chapter 119. of the Revised Code, shall adopt	7774
rules necessary to implement this section. The rules may provide	7775
for recipients of tax credits under this section to be charged	7776
fees to cover administrative costs of the tax credit program. The	7777
fees collected shall be credited to the tax incentive programs	7778
operating fund created in section 122.174 of the Revised Code. At	7779
the time the director gives public notice under division (A) of	7780
section 119.03 of the Revised Code of the adoption of the rules,	7781
the director shall submit copies of the proposed rules to the	7782
chairpersons of the standing committees on economic development in	7783
the senate and the house of representatives.	7784

(L) On or before the first day of August of each year, the	7785
director of development shall submit a report to the governor, the	7786
president of the senate, and the speaker of the house of	7787
representatives on the tax credit program under this section. The	7788
report shall include information on the number of agreements that	7789
were entered into under this section during the preceding calendar	7790
year, a description of the project that is the subject of each	7791
such agreement, and an update on the status of projects under	7792
agreements entered into before the preceding calendar year.	7793

(M)(1) The aggregate amount of tax credits issued under	7794
division (B)(1) of this section during any calendar year for	7795
capital investment projects reviewed and approved by the tax	7796
credit authority may not exceed the following amounts:	7797

(a) For 2010, thirteen million dollars;

7798

(b) For 2011 through 2023, the amount of the limit for the	7799
preceding calendar year plus thirteen million dollars;	7800

(c) For 2024 and each year thereafter, one hundred	7801
ninety-five million dollars.	7802

(2) The aggregate amount of tax credits ~~issued~~authorized	7803
under ~~division~~divisions (B)(2) and (3) of this section ~~during~~and	7804
allowed to be claimed by taxpayers in any calendar year for	7805
capital improvement projects reviewed and approved by the tax	7806
credit authority ~~may not exceed~~ ~~eight~~ million dollarsin 2011,	7807
2012, and 2013 combined shall not exceed twenty-five million	7808
dollars. An amount equal to the aggregate amount of credits first	7809
authorized in calendar year 2011, 2012, and 2013 may be claimed	7810
over the ensuing period up to fifteen years, subject to the terms	7811
of individual tax credit agreements.	7812

The limitations in division (M) of this section do not apply	7813
to credits for capital investment projects approved by the tax	7814
credit authority before July 1, 2009.	7815

Sec. 122.175. (A) As used in this section:

7816

(1) "Capital investment project" means a plan of investment	7817
at a project site for the acquisition, construction, renovation,	7818
expansion, replacement, or repair of a computer data center or of	7819
computer data center equipment, but does not include any of the	7820
following:	7821

(a) Project costs paid before a date determined by the tax	7822
credit authority for each capital investment project;	7823

(b) Payments made to a related member as defined in section	7824
5733.042 of the Revised Code or to a consolidated elected taxpayer	7825
or a combined taxpayer as defined in section 5751.01 of the	7826
Revised Code.	7827

(2) "Computer data center" means a facility used or to be	7828
used primarily to house computer data center equipment used or to	7829
be used in conducting a computer data center business, as	7830
determined by the tax credit authority.	7831

(3) "Computer data center business" means, as may be further	7832
determined by the tax credit authority, a business that provides	7833
electronic information services as defined in division (Y)(1)(c)	7834
of section 5739.01 of the Revised Code. "Computer data center	7835
business" does not include providing electronic publishing as	7836
defined in division (LLL) of that section.	7837

(4) "Computer data center equipment" means tangible personal	7838
property used or to be used for any of the following:	7839

(a) To conduct a computer data center business, including	7840
equipment cooling systems to manage the performance of computer	7841
data center equipment;	7842

(b) To generate, transform, transmit, distribute, or manage	7843
electricity necessary to operate the tangible personal property	7844
used or to be used in conducting a computer data center business;	7845

(c) As building and construction materials sold to	7846
construction contractors for incorporation into a computer data	7847
center.	7848

(5) "Eligible computer data center" means a computer data	7849
center that satisfies all of the following requirements:	7850

(a) The taxpayer will make payments for a capital investment	7851
project of at least one hundred million dollars in the aggregate	7852
at the project site during a period of three consecutive calendar	7853
years;	7854

(b) The taxpayer will pay annual compensation that is subject	7855
to the withholding obligation imposed under section 5747.06 of the	7856
Revised Code of at least five million dollars to employees	7857
employed at the project site for the term of the agreement.	7858

(6) "Person" has the same meaning as in section 5701.01 of	7859
the Revised Code.	7860

(7) "Project site," "related member," and "tax credit	7861
authority" have the same meanings as in sections 122.17 and	7862
122.171 of the Revised Code.	7863

(8) "Taxpayer" means any person subject to the taxes imposed	7864
under Chapters 5739. and 5741. of the Revised Code.	7865

(B) The tax credit authority may completely or partially	7866
exempt from the taxes levied under Chapters 5739. and 5741. of the	7867
Revised Code the sale, storage, use, or other consumption of	7868
computer data center equipment used or to be used at an eligible	7869
computer data center. Any such exemption shall extend to charges	7870
for the delivery, installation, or repair of the computer data	7871
center equipment subject to the exemption under this section.	7872

(C) A taxpayer that proposes a capital improvement project	7873
for an eligible computer data center in this state may apply to	7874
the tax credit authority to enter into an agreement under this	7875
section for a complete or partial exemption from the taxes imposed	7876
under Chapters 5739. and 5741. of the Revised Code on computer	7877
data center equipment used or to be used at the eligible computer	7878
data center. The director of development shall prescribe the form	7879
of the application. After receipt of an application, the authority	7880
shall forward copies of the application to the director of budget	7881
and management, the tax commissioner, and the director of	7882
development, each of whom shall review the application to	7883
determine the economic impact that the proposed eligible computer	7884
data center would have on the state and any affected political	7885
subdivisions and submit to the authority a summary of their	7886
determinations and recommendations.	7887

(D) Upon review and consideration of such determinations and	7888
recommendations, the tax credit authority may enter into an	7889
agreement with the taxpayer for a complete or partial exemption	7890
from the taxes imposed under Chapters 5739. and 5741. of the	7891
Revised Code on computer data center equipment used or to be used	7892
at an eligible computer data center if the authority determines	7893
all of the following:	7894

(1) The taxpayer's capital investment project for the	7895
eligible computer data center will increase payroll and the amount	7896
of income taxes to be withheld from employee compensation pursuant	7897
to section 5747.06 of the Revised Code.	7898

(2) The taxpayer is economically sound and has the ability to	7899
complete the proposed capital investment project.	7900

(3) The taxpayer intends to and has the ability to maintain	7901
operations at the project site for the term of the agreement.	7902

(4) Receiving the exemption is a major factor in the	7903
taxpayer's decision to begin, continue with, or complete the	7904
capital investment project.	7905

(E) An agreement entered into under this section shall	7906
include all of the following:	7907

(1) A detailed description of the capital investment project	7908
that is the subject of the agreement, including the amount of the	7909
investment, the period over which the investment has been or is	7910
being made, the annual compensation to be paid by the taxpayer to	7911
its employees at the project site, and the anticipated amount of	7912
income taxes to be withheld from employee compensation pursuant to	7913
section 5747.06 of the Revised Code.	7914

(2) The percentage of the exemption from the taxes imposed	7915
under Chapters 5739. and 5741. of the Revised Code for the	7916
computer data center equipment used or to be used at the eligible	7917
computer data center, the length of time the computer data center	7918
equipment will be exempted, and the first date on which the	7919
exemption applies.	7920

(3) A requirement that the taxpayer maintain the computer	7921
data center as an eligible computer data center during the term of	7922
the agreement and that the taxpayer maintain operations at the	7923
eligible computer data center during that term.	7924

(4) A requirement that during each year of the term of the	7925
agreement the taxpayer pay annual compensation that is subject to	7926
the withholding obligation imposed under section 5747.06 of the	7927
Revised Code of at least five million dollars to its employees at	7928
the eligible computer data center.	7929

(5) A requirement that the taxpayer annually report to the	7930
director of development employment, tax withholding, capital	7931
investment, and other information required by the director to	7932
perform the director's duties under this section.	7933

(6) A requirement that the director of development annually	7934
review the annual reports of the taxpayer to verify the	7935
information reported under division (E)(5) of this section and	7936
compliance with the agreement. Upon verification, the director	7937
shall issue a certificate to the taxpayer stating that the	7938
information has been verified and that the taxpayer remains	7939
eligible for the exemption specified in the agreement.	7940

(7) A provision providing that the taxpayer may not relocate	7941
a substantial number of employment positions from elsewhere in	7942
this state to the project site unless the director of development	7943
determines that the taxpayer notified the legislative authority of	7944
the county, township, or municipal corporation from which the	7945
employment positions would be relocated. For purposes of this	7946
paragraph, the movement of an employment position from one	7947
political subdivision to another political subdivision shall be	7948
considered a relocation of an employment position unless the	7949
movement is confined to the project site. The transfer of an	7950
employment position from one political subdivision to another	7951
political subdivision shall not be considered a relocation of an	7952
employment position if the employment position in the first	7953
political subdivision is replaced by another employment position.	7954

(8) A waiver by the taxpayer of any limitations periods	7955
relating to assessments or adjustments resulting from the	7956
taxpayer's failure to comply with the agreement.	7957

(F) The term of an agreement under this section shall be	7958
determined by the tax credit authority, and the amount of the	7959
exemption shall not exceed one hundred per cent of such taxes that	7960
would otherwise be owed in respect to the exempted computer data	7961
center equipment.	7962

(G) If a taxpayer fails to meet or comply with any condition	7963
or requirement set forth in an agreement under this section, the	7964
tax credit authority may amend the agreement to reduce the	7965
percentage of the exemption or term during which the exemption	7966
applies to the computer data center equipment used or to be used	7967
at an eligible computer data center. The reduction of the	7968
percentage or term may take effect in the current calendar year.	7969

(H) Financial statements and other information submitted to	7970
the department of development or the tax credit authority by an	7971
applicant for or recipient of an exemption under this section, and	7972
any information taken for any purpose from such statements or	7973
information, are not public records subject to section 149.43 of	7974
the Revised Code. However, the chairperson of the authority may	7975
make use of the statements and other information for purposes of	7976
issuing public reports or in connection with court proceedings	7977
concerning tax exemption agreements under this section. Upon the	7978
request of the tax commissioner, the chairperson of the authority	7979
shall provide to the tax commissioner any statement or other	7980
information submitted by an applicant for or recipient of an	7981
exemption under this section. The tax commissioner shall preserve	7982
the confidentiality of the statement or other information.	7983

(I) The tax commissioner shall issue a direct payment permit	7984
under section 5739.031 of the Revised Code to a taxpayer that	7985
enters into an agreement under this section. Such direct payment	7986
permit shall authorize the taxpayer to pay any sales and use taxes	7987
due on purchases of computer data center equipment used or to be	7988
used in an eligible computer data center and to pay any sales and	7989
use taxes due on purchases of tangible personal property or	7990
taxable services other than computer data center equipment used or	7991
to be used in an eligible computer data center directly to the tax	7992
commissioner. Each taxpayer shall pay pursuant to such direct	7993
payment permit all sales tax levied on such purchases under	7994
sections 5739.02, 5739.021, 5739.023, and 5739.026 of the Revised	7995
Code and all use tax levied on such purchases under sections	7996
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code,	7997
consistent with the terms of the agreement entered into under this	7998
section.	7999

During the term of an agreement under this section the	8000
taxpayer shall submit to the tax commissioner a return that shows	8001
the amount of computer data center equipment purchased for use at	8002
the eligible computer data center, the amount of tangible personal	8003
property and taxable services other than computer data center	8004
equipment purchased for use at the eligible computer data center,	8005
the amount of tax under Chapter 5739. or 5741. of the Revised Code	8006
that would be due in the absence of the agreement under this	8007
section, the exemption percentage for computer data center	8008
equipment specified in the agreement, and the amount of tax due	8009
under Chapter 5739. or 5741. of the Revised Code as a result of	8010
the agreement under this section. The taxpayer shall pay the tax	8011
shown on the return to be due in the manner and at the times as	8012
may be further prescribed by the tax commissioner. The taxpayer	8013
shall include a copy of the director of development's certificate	8014
of verification issued under division (E)(6) of this section.	8015
Failure to submit a copy of the certificate with the return does	8016
not invalidate the claim for exemption if the taxpayer submits a	8017
copy of the certificate to the tax commissioner within sixty days	8018
after the tax commissioner requests it.	8019

(J) If the director of development determines that a taxpayer	8020
that received an exemption under this section is not complying	8021
with the requirement under division (E)(3) of this section, the	8022
director shall notify the tax credit authority of the	8023
noncompliance. After receiving such a notice, and after giving the	8024
taxpayer an opportunity to explain the noncompliance, the	8025
authority may terminate the agreement and require the taxpayer to	8026
pay to the state all or a portion of the taxes that would have	8027
been owed in regards to the exempt equipment in previous years,	8028
all as determined under rules adopted pursuant to division (K) of	8029
this section. In determining the portion of the taxes that would	8030
have been owed on the previously exempted equipment to be paid to	8031
this state by the taxpayer, the authority shall consider the	8032
effect of market conditions on the taxpayer's eligible computer	8033
data center and whether the taxpayer continues to maintain other	8034
operations in this state. After making the determination, the	8035
authority shall certify to the tax commissioner the amount to be	8036
paid by the taxpayer. The tax commissioner shall make an	8037
assessment for that amount against the taxpayer under Chapter	8038
5739. or 5741. of the Revised Code. The time limitations on	8039
assessments under those chapters do not apply to an assessment	8040
under this division, but the tax commissioner shall make the	8041
assessment within one year after the date the authority certifies	8042
to the tax commissioner the amount to be paid by the taxpayer.	8043

(K) The director of development, after consultation with the	8044
tax commissioner and in accordance with Chapter 119. of the	8045
Revised Code, shall adopt rules necessary to implement this	8046
section. The rules may provide for recipients of tax exemptions	8047
under this section to be charged fees to cover administrative	8048
costs incurred in the administration of this section. The fees	8049
collected shall be credited to the tax incentive programs	8050
operating fund created in section 122.174 of the Revised Code. At	8051
the time the director gives public notice under division (A) of	8052
section 119.03 of the Revised Code of the adoption of the rules,	8053
the director shall submit copies of the proposed rules to the	8054
chairpersons of the standing committees on economic development in	8055
the senate and the house of representatives.	8056

(L) On or before the first day of August of each year, the	8057
director of development shall submit a report to the governor, the	8058
president of the senate, and the speaker of the house of	8059
representatives on the tax exemption authorized under this	8060
section. The report shall include information on the number of	8061
agreements that were entered into under this section during the	8062
preceding calendar year, a description of the eligible computer	8063
data center that is the subject of each such agreement, and an	8064
update on the status of eligible computer data centers under	8065
agreements entered into before the preceding calendar year.	8066

Sec. 122.76. (A) The director of development, with	8067
controlling board approval, may lend funds to minority business	8068
enterprises and to community improvement corporations, Ohio	8069
development corporations, minority contractors business assistance	8070
organizations, and minority business supplier development councils	8071
for the purpose of loaning funds to minority business enterprises	8072
and for the purpose of procuring or improving real or personal	8073
property, or both, for the establishment, location, or expansion	8074
of industrial, distribution, commercial, or research facilities in	8075
the state, and to community development corporations that	8076
predominantly benefit minority business enterprises or are located	8077
in a census tract that has a population that is sixty per cent or	8078
more minority if the director determines, in the director's sole	8079
discretion, that all of the following apply:	8080

(1) The project is economically sound and will benefit the	8081
people of the state by increasing opportunities for employment, by	8082
strengthening the economy of the state, or expanding minority	8083
business enterprises.	8084

(2) The proposed minority business enterprise borrower is	8085
unable to finance the proposed project through ordinary financial	8086
channels at comparable terms.	8087

(3) The value of the project is or, upon completion, will be	8088
at least equal to the total amount of the money expended in the	8089
procurement or improvement of the project~~, and one or more~~	8090
~~financial institutions or other governmental entities have loaned~~	8091
~~not less than thirty per cent of that amount~~.	8092

(4) The amount to be loaned by the director will not exceed	8093
sixty per cent of the total amount expended in the procurement or	8094
improvement of the project.	8095

(5) The amount to be loaned by the director will be	8096
adequately secured by a first or second mortgage upon the project	8097
or by mortgages, leases, liens, assignments, or pledges on or of	8098
other property or contracts as the director requires, and such	8099
mortgage will not be subordinate to any other liens or mortgages	8100
except the liens securing loans or investments made by financial	8101
institutions referred to in division (A)(3) of this section, and	8102
the liens securing loans previously made by any financial	8103
institution in connection with the procurement or expansion of all	8104
or part of a project.	8105

(B) Any proposed minority business enterprise borrower	8106
submitting an application for assistance under this section shall	8107
not have defaulted on a previous loan from the director, and no	8108
full or limited partner, major shareholder, or holder of an equity	8109
interest of the proposed minority business enterprise borrower	8110
shall have defaulted on a loan from the director.	8111

(C) The proposed minority business enterprise borrower shall	8112
demonstrate to the satisfaction of the director that it is able to	8113
successfully compete in the private sector if it obtains the	8114
necessary financial, technical, or managerial support and that	8115
support is available through the director, the minority business	8116
development office of the department of development, or other	8117
identified and acceptable sources. In determining whether a	8118
minority business enterprise borrower will be able to successfully	8119
compete, the director may give consideration to such factors as	8120
the successful completion of or participation in courses of study,	8121
recognized by the board of regents as providing financial,	8122
technical, or managerial skills related to the operation of the	8123
business, by the economically disadvantaged individual, owner, or	8124
partner, and the prior success of the individual, owner, or	8125
partner in personal, career, or business activities, as well as to	8126
other factors identified by the director.	8127

(D) The director shall not lend funds for the purpose of	8128
procuring or improving motor vehicles or accounts receivable.	8129

Sec. 122.86. (A) As used in this section and section 5747.81	8130
of the Revised Code:	8131

(1) "Small business enterprise" means a corporation,	8132
pass-through entity, or other person satisfying all of the	8133
following:	8134

(a) At the time of a qualifying investment, the enterprise's	8135
assets according to generally accepted accounting principles do	8136
not exceed fifty million dollars, or its annual sales do not	8137
exceed ten million dollars;	8138

(b) The enterprise employs at least fifty full-time	8139
equivalent employees in this state for whom the enterprise is	8140
required to withhold income tax under section 5747.06 of the	8141
Revised Code, or more than one-half the enterprise's total number	8142
of full-time equivalent employees employed anywhere in the United	8143
States are employed in this state and are subject to that	8144
withholding requirement.	8145

(c) The enterprise, within six months after an eligible	8146
investor's qualifying investment is made, invests in or incurs	8147
cost for one or more of the following in an amount at least equal	8148
to the amount of the qualifying investment:	8149

(i) Tangible personal property, other than motor vehicles	8150
operated on public roads and highways, used in business and	8151
physically located in this state from the time of its acquisition	8152
by the enterprise until the end of the investor's holding period;	8153

(ii) Motor vehicles operated on public roads and highways if,	8154
from the time of acquisition by the enterprise until the end of	8155
the investor's holding period, the motor vehicles are purchased in	8156
this state, registered in this state under Chapter 4503. of the	8157
Revised Code, are used primarily for business purposes, and are	8158
necessary for the operation of the enterprise's business;	8159

(iii) Real property located in this state that is used in	8160
business from the time of its acquisition by the enterprise until	8161
the end of the holding period;	8162

(iv) Intangible personal property, including patents,	8163
copyrights, trademarks, service marks, or licenses used in	8164
business primarily in this state from the time of its acquisition	8165
by the enterprise until the end of the holding period;	8166

(v) Compensation for new employees of the enterprise for whom	8167
the enterprise is required to withhold income tax under section	8168
5747.06 of the Revised Code, not including increased compensation	8169
for owners, officers, or managers of the enterprise. For this	8170
purpose compensation for new employees includes compensation for	8171
newly hired or retained employees.	8172

(2) "Qualifying investment" means an investment of money made	8173
on or after July 1, 2011, to acquire capital stock or other equity	8174
interest in a small business enterprise. "Qualifying investment"	8175
does not include any investment of money an eligible investor	8176
derives, directly or indirectly, from a grant or loan from the	8177
federal government or the state or a political subdivision,	8178
including the third frontier program under Chapter 184. of the	8179
Revised Code.	8180

(3) "Eligible investor" means an individual, estate, or trust	8181
subject to the tax imposed by section 5747.02 of the Revised Code,	8182
or a pass-through entity in which such an individual, estate, or	8183
trust holds a direct or indirect ownership or other equity	8184
interest.	8185

(4) "Holding period" means:

8186

(a) For qualifying investments made on or after July 1, 2011,	8187
but before July 1, 2013, the two-year period beginning on the day	8188
the investment was made;	8189

(b) For qualifying investments made on or after July 1, 2013,	8190
the five-year period beginning on the day the investment was made.	8191

(5) "Pass-through entity" has the same meaning as in section	8192
5733.04 of the Revised Code.	8193

(B) Any eligible investor that makes a qualifying investment	8194
in a small business enterprise on or after July 1, 2011, may apply	8195
to the director of development to obtain a small business	8196
investment certificate from the director. Alternatively, a small	8197
business enterprise may apply on behalf of eligible investors to	8198
obtain the certificates for those investors. The director, in	8199
consultation with the tax commissioner, shall prescribe the form	8200
or manner in which an applicant shall apply for the certificate,	8201
devise the form of the certificate, and prescribe any records or	8202
other information an applicant shall furnish with the application	8203
to evidence the qualifying investment. The applicant shall state	8204
the amount of the intended investment.	8205

A small business investment certificate entitles the	8206
certificate holder to receive a tax credit under section 5747.81	8207
of the Revised Code if the certificate holder qualifies for the	8208
credit as otherwise provided in this section. If the certificate	8209
holder is a pass-through entity, the certificate entitles the	8210
entity's equity owners to receive their distributive or	8211
proportionate shares of the credit. In any fiscal biennium, an	8212
eligible investor may not apply for small business investment	8213
certificates representing intended investment amounts in excess of	8214
ten million dollars. Such certificates are not transferable.	8215

The director of development shall issue small business	8216
investment certificates to qualifying applicants in the order in	8217
which the director receives applications. To qualify for a	8218
certificate, an eligible investor must satisfy both of the	8219
following, subject to the limitation on the amount of qualifying	8220
investments for which certificates may be issued under division	8221
(C) of this section:	8222

(1) The eligible investor makes a qualifying investment on or	8223
after July 1, 2011.	8224

(2) The eligible investor pledges not to sell or otherwise	8225
dispose of the qualifying investment before the conclusion of the	8226
applicable holding period.	8227

(C)(1) The amount of any eligible investor's qualifying	8228
investments for which small business investment certificates may	8229
be issued for a fiscal biennium shall not exceed ten million	8230
dollars.	8231

(2) The director of development shall not issue a small	8232
business investment certificate to an eligible investor	8233
representing an amount of qualifying investment in excess of the	8234
amount of the intended investment indicated on the investor's	8235
application for the certificate.	8236

(3) The director of development shall not issue small	8237
business investment certificates in a total amount that would	8238
cause the tax credits claimed in any fiscal biennium to exceed one	8239
hundred million dollars.	8240

(D) Before the end of the applicable holding period of a	8241
qualifying investment, each enterprise in which a qualifying	8242
investment was made for which a small business investment	8243
certificate has been issued, upon the request of the director of	8244
development, shall provide to the director records or other	8245
evidence satisfactory to the director that the enterprise is a	8246
small business enterprise for the purposes of this section. No	8247
credit may be claimed under this section and section 5747.81 of	8248
the Revised Code if the director finds that an enterprise is not a	8249
small business enterprise for the purposes of this section. The	8250
director shall compile and maintain a register of small business	8251
enterprises qualifying under this section and shall certify the	8252
register to the tax commissioner.	8253

(E) After the conclusion of the applicable holding period for	8254
a qualifying investment, a person to whom a small business	8255
investment certificate has been issued under this section may	8256
claim a credit as provided under section 5747.81 of the Revised	8257
Code.	8258

(F) The director of development, in consultation with the tax	8259
commissioner, may adopt rules for the administration of this	8260
section, including rules governing the following:	8261

(1) Documents, records, or other information eligible	8262
investors shall provide to the director;	8263

(2) Any information a small business enterprise shall provide	8264
for the purposes of this section and section 5747.81 of the	8265
Revised Code;	8266

(3) Determination of the number of full-time equivalent	8267
employees of a small business enterprise;	8268

(4) Verification of a small business enterprise's investment	8269
in tangible personal property and intangible personal property	8270
under division (A)(1)(c) of this section, including when such	8271
investments have been made and where the property is used in	8272
business;	8273

(5) Circumstances under which small business enterprises or	8274
eligible investors may be subverting the purposes of this section	8275
and section 5747.81 of the Revised Code.	8276

Sec. 122.861. (A) As used in this section:

8277

(1) "Certified engine configuration" means a new, rebuilt, or	8278
remanufactured engine configuration that satisfies divisions	8279
(A)(1)(a) and (b) and, if applicable, division (A)(1)(c) of this	8280
section:	8281

(a) It has been certified by the administrator of the United	8282
States environmental protection agency or the California air	8283
resources board.	8284

(b) It meets or is rebuilt or remanufactured to a more	8285
stringent set of engine emission standards than when originally	8286
manufactured, as determined pursuant to Subtitle G of Title VII of	8287
the Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 838,	8288
et seq.	8289

(c) In the case of a certified engine configuration involving	8290
the replacement of an existing engine, an engine configuration	8291
that replaced an engine that was removed from the vehicle and	8292
returned to the supplier for remanufacturing to a more stringent	8293
set of engine emissions standards or for scrappage.	8294

(2) "Section 793" means section 793 of the Energy Policy Act	8295
of 2005, Pub. L. No. 109-58, 119 Stat. 841, et seq.	8296

(3) "Verified technology" means a pollution control	8297
technology, including a retrofit technology, advanced truckstop	8298
electrification system, or auxiliary power unit, that has been	8299
verified by the administrator of the United States environmental	8300
protection agency or the California air resources board.	8301

(B) For the purpose of reducing emissions from diesel	8302
engines, the ~~department~~director of ~~development~~environmental	8303
protection shall administer a diesel emissions reduction grant	8304
program and a diesel emissions reduction revolving loan program.	8305
The programs shall provide for the implementation in this state of	8306
section 793 and shall otherwise be administered in compliance with	8307
the requirements of section 793, and any regulations issued	8308
pursuant to that section.	8309

The director ~~of development~~ shall apply to the administrator	8310
of the United States environmental protection agency for grant or	8311
loan funds available under section 793 to help fund the diesel	8312
emissions reduction grant program and the diesel emissions	8313
reduction revolving loan program. ~~Upon the request of the director~~	8314
~~of development, the director of environmental protection shall~~	8315
~~assist the director of development to the extent necessary to~~	8316
~~develop diesel emission reduction plans, goals, or methods,~~	8317
~~including the role of certified engine configurations and verified~~	8318
~~technologies, and to prepare the application for federal grants or~~	8319
~~loans available under section 793.~~	8320

(C) There is hereby created in the state treasury the diesel	8321
emissions grant fund consisting of money appropriated to it by the	8322
general assembly, any grants obtained from the federal government	8323
under section 793, and any other grants, gifts, or other	8324
contributions of money made to the credit of the fund. Money in	8325
the fund shall be used for the purpose of making grants for	8326
projects relating to certified engine configurations and verified	8327
technologies in a manner consistent with the requirements of	8328
section 793 and any regulations issued under that section.	8329
Interest earned from moneys in the fund shall be used to	8330
administer the diesel emissions reduction grant program.	8331

(D) There is hereby created in the state treasury the diesel	8332
emissions reduction revolving loan fund consisting of money	8333
appropriated to it by the general assembly, any grants obtained	8334
from the federal government under section 793, and any other	8335
grants, gifts, or other contributions of money made to the credit	8336
of the fund. Money in the fund shall be used for the purpose of	8337
making loans for projects relating to certified engine	8338
configurations and verified technologies in a manner consistent	8339
with the requirements of section 793 and any regulations issued	8340
pursuant to that section. Interest earned from moneys in the fund	8341
shall be used to administer the diesel emissions reduction	8342
revolving loan program.	8343

Sec. 123.01. (A) The department of administrative services,	8344
in addition to those powers enumerated in Chapters 124. and 125.	8345
of the Revised Code and provided elsewhere by law, shall exercise	8346
the following powers:	8347

(1) To prepare, or contract to be prepared, by licensed	8348
engineers or architects, surveys, general and detailed plans,	8349
specifications, bills of materials, and estimates of cost for any	8350
projects, improvements, or public buildings to be constructed by	8351
state agencies that may be authorized by legislative	8352
appropriations or any other funds made available therefor,	8353
provided that the construction of the projects, improvements, or	8354
public buildings is a statutory duty of the department. This	8355
section does not require the independent employment of an	8356
architect or engineer as provided by section 153.01 of the Revised	8357
Code in the cases to which that section applies nor affect or	8358
alter the existing powers of the director of transportation.	8359

(2) To have general supervision over the construction of any	8360
projects, improvements, or public buildings constructed for a	8361
state agency and over the inspection of materials previous to	8362
their incorporation into those projects, improvements, or	8363
buildings;	8364

(3) To make contracts for and supervise the construction of	8365
any projects and improvements or the construction and repair of	8366
buildings under the control of a state agency, except contracts	8367
for the repair of buildings under the management and control of	8368
the departments of public safety, job and family services, mental	8369
health, developmental disabilities, rehabilitation and correction,	8370
and youth services, the bureau of workers' compensation, the	8371
rehabilitation services commission, and boards of trustees of	8372
educational and benevolent institutions and except contracts for	8373
the construction of projects that do not require the issuance of a	8374
building permit or the issuance of a certificate of occupancy and	8375
that are necessary to remediate conditions at a hazardous waste	8376
facility, solid waste facility, or other location at which the	8377
director of environmental protection has reason to believe there	8378
is a substantial threat to public health or safety or the	8379
environment. These contracts shall be made and entered into by the	8380
directors of public safety, job and family services, mental	8381
health, developmental disabilities, rehabilitation and correction,	8382
and youth services, the administrator of workers' compensation,	8383
the rehabilitation services commission, the boards of trustees of	8384
such institutions, and the director of environmental protection,	8385
respectively. All such contracts may be in whole or in part on	8386
unit price basis of maximum estimated cost, with payment computed	8387
and made upon actual quantities or units.	8388

(4) To prepare and suggest comprehensive plans for the	8389
development of grounds and buildings under the control of a state	8390
agency;	8391

(5) To acquire, by purchase, gift, devise, lease, or grant,	8392
all real estate required by a state agency, in the exercise of	8393
which power the department may exercise the power of eminent	8394
domain, in the manner provided by sections 163.01 to 163.22 of the	8395
Revised Code;	8396

(6) To make and provide all plans, specifications, and models	8397
for the construction and perfection of all systems of sewerage,	8398
drainage, and plumbing for the state in connection with buildings	8399
and grounds under the control of a state agency;	8400

(7) To erect, supervise, and maintain all public monuments	8401
and memorials erected by the state, except where the supervision	8402
and maintenance is otherwise provided by law;	8403

(8) To procure, by lease, storage accommodations for a state	8404
agency;	8405

(9) To lease or grant easements or licenses for unproductive	8406
and unused lands or other property under the control of a state	8407
agency. Such leases, easements, or licenses shall be granted for a	8408
period not to exceed fifteen years and shall be executed for the	8409
state by the director of administrative services and the governor	8410
and shall be approved as to form by the attorney general, provided	8411
that leases, easements, or licenses may be granted to any county,	8412
township, municipal corporation, port authority, water or sewer	8413
district, school district, library district, health district, park	8414
district, soil and water conservation district, conservancy	8415
district, or other political subdivision or taxing district, or	8416
any agency of the United States government, for the exclusive use	8417
of that agency, political subdivision, or taxing district, without	8418
any right of sublease or assignment, for a period not to exceed	8419
fifteen years, and provided that the director shall grant leases,	8420
easements, or licenses of university land for periods not to	8421
exceed twenty-five years for purposes approved by the respective	8422
university's board of trustees wherein the uses are compatible	8423
with the uses and needs of the university and may grant leases of	8424
university land for periods not to exceed forty years for purposes	8425
approved by the respective university's board of trustees pursuant	8426
to section 123.77 of the Revised Code.	8427

(10) To lease space for the use of a state agency;

8428

(11) To have general supervision and care of the storerooms,	8429
offices, and buildings leased for the use of a state agency;	8430

(12) To exercise general custodial care of all real property	8431
of the state;	8432

(13) To assign and group together state offices in any city	8433
in the state and to establish, in cooperation with the state	8434
agencies involved, rules governing space requirements for office	8435
or storage use;	8436

(14) To lease for a period not to exceed forty years,	8437
pursuant to a contract providing for the construction thereof	8438
under a lease-purchase plan, buildings, structures, and other	8439
improvements for any public purpose, and, in conjunction	8440
therewith, to grant leases, easements, or licenses for lands under	8441
the control of a state agency for a period not to exceed forty	8442
years. The lease-purchase plan shall provide that at the end of	8443
the lease period, the buildings, structures, and related	8444
improvements, together with the land on which they are situated,	8445
shall become the property of the state without cost.	8446

(a) Whenever any building, structure, or other improvement is	8447
to be so leased by a state agency, the department shall retain	8448
either basic plans, specifications, bills of materials, and	8449
estimates of cost with sufficient detail to afford bidders all	8450
needed information or, alternatively, all of the following plans,	8451
details, bills of materials, and specifications:	8452

(i) Full and accurate plans suitable for the use of mechanics	8453
and other builders in the improvement;	8454

(ii) Details to scale and full sized, so drawn and	8455
represented as to be easily understood;	8456

(iii) Accurate bills showing the exact quantity of different	8457
kinds of material necessary to the construction;	8458

(iv) Definite and complete specifications of the work to be	8459
performed, together with such directions as will enable a	8460
competent mechanic or other builder to carry them out and afford	8461
bidders all needed information;	8462

(v) A full and accurate estimate of each item of expense and	8463
of the aggregate cost thereof.	8464

(b) The department shall give public notice, in such	8465
newspaper, in such form, and with such phraseology as the director	8466
of administrative services prescribes, published once each week	8467
for four consecutive weeks, of the time when and place where bids	8468
will be received for entering into an agreement to lease to a	8469
state agency a building, structure, or other improvement. The last	8470
publication shall be at least eight days preceding the day for	8471
opening the bids. The bids shall contain the terms upon which the	8472
builder would propose to lease the building, structure, or other	8473
improvement to the state agency. The form of the bid approved by	8474
the department shall be used, and a bid is invalid and shall not	8475
be considered unless that form is used without change, alteration,	8476
or addition. Before submitting bids pursuant to this section, any	8477
builder shall comply with Chapter 153. of the Revised Code.	8478

(c) On the day and at the place named for receiving bids for	8479
entering into lease agreements with a state agency, the director	8480
of administrative services shall open the bids and shall publicly	8481
proceed immediately to tabulate the bids upon duplicate sheets. No	8482
lease agreement shall be entered into until the bureau of workers'	8483
compensation has certified that the person to be awarded the lease	8484
agreement has complied with Chapter 4123. of the Revised Code,	8485
until, if the builder submitting the lowest and best bid is a	8486
foreign corporation, the secretary of state has certified that the	8487
corporation is authorized to do business in this state, until, if	8488
the builder submitting the lowest and best bid is a person	8489
nonresident of this state, the person has filed with the secretary	8490
of state a power of attorney designating the secretary of state as	8491
its agent for the purpose of accepting service of summons in any	8492
action brought under Chapter 4123. of the Revised Code, and until	8493
the agreement is submitted to the attorney general and the	8494
attorney general's approval is certified thereon. Within thirty	8495
days after the day on which the bids are received, the department	8496
shall investigate the bids received and shall determine that the	8497
bureau and the secretary of state have made the certifications	8498
required by this section of the builder who has submitted the	8499
lowest and best bid. Within ten days of the completion of the	8500
investigation of the bids, the department shall award the lease	8501
agreement to the builder who has submitted the lowest and best bid	8502
and who has been certified by the bureau and secretary of state as	8503
required by this section. If bidding for the lease agreement has	8504
been conducted upon the basis of basic plans, specifications,	8505
bills of materials, and estimates of costs, upon the award to the	8506
builder the department, or the builder with the approval of the	8507
department, shall appoint an architect or engineer licensed in	8508
this state to prepare such further detailed plans, specifications,	8509
and bills of materials as are required to construct the building,	8510
structure, or improvement. The department shall adopt such rules	8511
as are necessary to give effect to this section. The department	8512
may reject any bid. Where there is reason to believe there is	8513
collusion or combination among bidders, the bids of those	8514
concerned therein shall be rejected.	8515

(15) To acquire by purchase, gift, devise, or grant and to	8516
transfer, lease, or otherwise dispose of all real property	8517
required to assist in the development of a conversion facility as	8518
defined in section 5709.30 of the Revised Code as that section	8519
existed before its repeal by Amended Substitute House Bill 95 of	8520
the 125th general assembly;	8521

(16) To lease for a period not to exceed forty years,	8522
notwithstanding any other division of this section, the	8523
state-owned property located at 408-450 East Town Street,	8524
Columbus, Ohio, formerly the state school for the deaf, to a	8525
developer in accordance with this section. "Developer," as used in	8526
this section, has the same meaning as in section 123.77 of the	8527
Revised Code.	8528

Such a lease shall be for the purpose of development of the	8529
land for use by senior citizens by constructing, altering,	8530
renovating, repairing, expanding, and improving the site as it	8531
existed on June 25, 1982. A developer desiring to lease the land	8532
shall prepare for submission to the department a plan for	8533
development. Plans shall include provisions for roads, sewers,	8534
water lines, waste disposal, water supply, and similar matters to	8535
meet the requirements of state and local laws. The plans shall	8536
also include provision for protection of the property by insurance	8537
or otherwise, and plans for financing the development, and shall	8538
set forth details of the developer's financial responsibility.	8539

The department may employ, as employees or consultants,	8540
persons needed to assist in reviewing the development plans. Those	8541
persons may include attorneys, financial experts, engineers, and	8542
other necessary experts. The department shall review the	8543
development plans and may enter into a lease if it finds all of	8544
the following:	8545

(a) The best interests of the state will be promoted by	8546
entering into a lease with the developer;	8547

(b) The development plans are satisfactory;

8548

(c) The developer has established the developer's financial	8549
responsibility and satisfactory plans for financing the	8550
development.	8551

The lease shall contain a provision that construction or	8552
renovation of the buildings, roads, structures, and other	8553
necessary facilities shall begin within one year after the date of	8554
the lease and shall proceed according to a schedule agreed to	8555
between the department and the developer or the lease will be	8556
terminated. The lease shall contain such conditions and	8557
stipulations as the director considers necessary to preserve the	8558
best interest of the state. Moneys received by the state pursuant	8559
to this lease shall be paid into the general revenue fund. The	8560
lease shall provide that at the end of the lease period the	8561
buildings, structures, and related improvements shall become the	8562
property of the state without cost.	8563

(17) To lease to any person any tract of land owned by the	8564
state and under the control of the department, or any part of such	8565
a tract, for the purpose of drilling for or the pooling of oil or	8566
gas. Such a lease shall be granted for a period not exceeding	8567
forty years, with the full power to contract for, determine the	8568
conditions governing, and specify the amount the state shall	8569
receive for the purposes specified in the lease, and shall be	8570
prepared as in other cases.	8571

(18) To manage the use of space owned and controlled by the	8572
department, including space in property under the jurisdiction of	8573
the Ohio building authority, by doing all of the following:	8574

(a) Biennially implementing, by state agency location, a	8575
census of agency employees assigned space;	8576

(b) Periodically in the discretion of the director of	8577
administrative services:	8578

(i) Requiring each state agency to categorize the use of	8579
space allotted to the agency between office space, common areas,	8580
storage space, and other uses, and to report its findings to the	8581
department;	8582

(ii) Creating and updating a master space utilization plan	8583
for all space allotted to state agencies. The plan shall	8584
incorporate space utilization metrics.	8585

(iii) Conducting a cost-benefit analysis to determine the	8586
effectiveness of state-owned buildings;	8587

(iv) Assessing the alternatives associated with consolidating	8588
the commercial leases for buildings located in Columbus.	8589

(c) Commissioning a comprehensive space utilization and	8590
capacity study in order to determine the feasibility of	8591
consolidating existing commercially leased space used by state	8592
agencies into a new state-owned facility.	8593

(B) This section and section 125.02 of the Revised Code shall	8594
not interfere with any of the following:	8595

(1) The power of the adjutant general to purchase military	8596
supplies, or with the custody of the adjutant general of property	8597
leased, purchased, or constructed by the state and used for	8598
military purposes, or with the functions of the adjutant general	8599
as director of state armories;	8600

(2) The power of the director of transportation in acquiring	8601
rights-of-way for the state highway system, or the leasing of	8602
lands for division or resident district offices, or the leasing of	8603
lands or buildings required in the maintenance operations of the	8604
department of transportation, or the purchase of real property for	8605
garage sites or division or resident district offices, or in	8606
preparing plans and specifications for and constructing such	8607
buildings as the director may require in the administration of the	8608
department;	8609

(3) The power of the director of public safety and the	8610
registrar of motor vehicles to purchase or lease real property and	8611
buildings to be used solely as locations to which a deputy	8612
registrar is assigned pursuant to division (B) of section 4507.011	8613
of the Revised Code and from which the deputy registrar is to	8614
conduct the deputy registrar's business, the power of the director	8615
of public safety to purchase or lease real property and buildings	8616
to be used as locations for division or district offices as	8617
required in the maintenance of operations of the department of	8618
public safety, and the power of the superintendent of the state	8619
highway patrol in the purchase or leasing of real property and	8620
buildings needed by the patrol, to negotiate the sale of real	8621
property owned by the patrol, to rent or lease real property owned	8622
or leased by the patrol, and to make or cause to be made repairs	8623
to all property owned or under the control of the patrol;	8624

(4) The power of the division of liquor control in the	8625
leasing or purchasing of retail outlets and warehouse facilities	8626
for the use of the division;	8627

(5) The power of the director of development to enter into	8628
leases of real property, buildings, and office space to be used	8629
solely as locations for the state's foreign offices to carry out	8630
the purposes of section 122.05 of the Revised Code;	8631

(6) The power of the director of environmental protection to	8632
enter into environmental covenants, to grant and accept easements,	8633
or to sell property pursuant to division (G) of section 3745.01 of	8634
the Revised Code.	8635

(C) Purchases for, and the custody and repair of, buildings	8636
under the management and control of the capitol square review and	8637
advisory board, the rehabilitation services commission, the bureau	8638
of workers' compensation, or the departments of public safety, job	8639
and family services, mental health, developmental disabilities,	8640
and rehabilitation and correction~~, and~~; buildings of educational	8641
and benevolent institutions under the management and control of	8642
boards of trustees,; and purchases or leases for, and the custody	8643
and repair of, office space used for the purposes of the joint	8644
legislative ethics committee are not subject to the control and	8645
jurisdiction of the department of administrative services.	8646

If the joint legislative ethics committee so requests, the	8647
committee and the director of administrative services may enter	8648
into a contract under which the department of administrative	8649
services agrees to perform any services requested by the committee	8650
that the department is authorized under this section to perform.	8651

(D) Any instrument by which real property is acquired	8652
pursuant to this section shall identify the agency of the state	8653
that has the use and benefit of the real property as specified in	8654
section 5301.012 of the Revised Code.	8655

Sec. 123.011. (A) As used in this section:

8656

(1) "Construct" includes reconstruct, improve, renovate,	8657
enlarge, or otherwise alter.	8658

(2) "Energy consumption analysis" means the evaluation of all	8659
energy consuming systems, components, and equipment by demand and	8660
type of energy, including the internal energy load imposed on a	8661
facility by its occupants and the external energy load imposed by	8662
climatic conditions.	8663

(3) "Energy performance index" means a number describing the	8664
energy requirements of a facility per square foot of floor space	8665
or per cubic foot of occupied volume as appropriate under defined	8666
internal and external ambient conditions over an entire seasonal	8667
cycle.	8668

(4) "Facility" means a building or other structure, or part	8669
of a building or other structure, that includes provision for a	8670
heating, refrigeration, ventilation, cooling, lighting, hot water,	8671
or other major energy consuming system, component, or equipment.	8672

(5) "Life-cycle cost analysis" means a general approach to	8673
economic evaluation that takes into account all dollar costs	8674
related to owning, operating, maintaining, and ultimately	8675
disposing of a project over the appropriate study period.	8676

(6) "Political subdivision" means a county, township,	8677
municipal corporation, board of education of any school district,	8678
or any other body corporate and politic that is responsible for	8679
government activities in a geographic area smaller than that of	8680
the state.	8681

(7) "State funded" means funded in whole or in part through	8682
appropriation by the general assembly or through the use of any	8683
guarantee provided by this state.	8684

~~(6)~~(8) "State institution of higher education" has the same	8685
meaning as in section 3345.011 of the Revised Code.	8686

(B) There is hereby created within the department of	8687
administrative services the office of energy services. The office	8688
shall be under the supervision of a manager, who shall be	8689
appointed by the director of administrative services. The director	8690
shall assign to the office such number of employees and furnish	8691
such equipment and supplies as are necessary for the performance	8692
of the office's duties.	8693

The office shall develop energy efficiency and conservation	8694
programs in each of the following areas:	8695

(1) New construction design and review;

8696

(2) Existing building audit and retrofit;

8697

(3) Energy efficient procurement;

8698

(4) Alternative fuel vehicles.

8699

The office may accept and administer grants from public and	8700
private sources for carrying out any of its duties under this	8701
section.	8702

(C) No state agency, department, division, bureau, office,	8703
unit, board, commission, authority, quasi-governmental entity, or	8704
institution, including those agencies otherwise excluded from the	8705
jurisdiction of the department under division (A)(3) of section	8706
123.01 of the Revised Code, shall lease, construct, or cause to be	8707
leased or constructed, within the limits prescribed in this	8708
section, a state-funded facility, without ~~having secured from the~~	8709
~~office~~ a proper life-cycle cost analysis or, in the case of a	8710
lease, an energy consumption analysis, as computed or prepared by	8711
a qualified architect or engineer in accordance with the rules	8712
required by division (D) of this section.	8713

Construction shall proceed only upon the disclosure to the	8714
office, for the facility chosen, of the life-cycle costs as	8715
determined in this section and the capitalization of the initial	8716
construction costs of the building. The results of life-cycle cost	8717
analysis shall be a primary consideration in the selection of a	8718
building design. That analysis shall be required only for	8719
construction of buildings with an area of five thousand square	8720
feet or greater. An energy consumption analysis for the term of a	8721
proposed lease shall be required only for the leasing of an area	8722
of twenty thousand square feet or greater within a given building	8723
boundary. That analysis shall be a primary consideration in the	8724
selection of a facility to be leased.	8725

Nothing in this section shall deprive or limit any state	8726
agency that has review authority over design, construction, or	8727
leasing plans from requiring a life-cycle cost analysis or energy	8728
consumption analysis.	8729

~~Whenever any state agency, department, division, bureau,~~	8730
~~office, unit, board, commission, authority, quasi-governmental~~	8731
~~entity, or institution requests release of capital improvement~~	8732
~~funds for any state-funded facility, it shall submit copies of all~~	8733
~~pertinent life-cycle cost analyses prepared pursuant to this~~	8734
~~section and in accordance with rules adopted under Chapters 3781.~~	8735
~~and 4101. of the Revised Code.~~	8736

(D) For the purposes of assisting the department in its	8737
responsibility for state-funded facilities pursuant to section	8738
123.01 of the Revised Code and of cost-effectively reducing the	8739
energy consumption of those and any other state-funded facilities,	8740
thereby promoting fiscal, economic, and environmental benefits to	8741
this state, the office shall promulgate rules specifying	8742
cost-effective, energy efficiency and conservation standards that	8743
may govern the lease, design, construction, operation, and	8744
maintenance of all state-funded facilities, except facilities of	8745
state institutions of higher education or facilities operated by a	8746
political subdivision. The office of energy efficiency in the	8747
department of development shall cooperate in providing information	8748
and technical expertise to the office of energy services to ensure	8749
promulgation of rules of maximum effectiveness. The standards	8750
prescribed by rules promulgated under this division may draw from	8751
or incorporate, by reference or otherwise and in whole or in part,	8752
standards already developed or implemented by any competent,	8753
public or private standards organization or program. The rules	8754
also may include any of the following:	8755

(1) Specifications for a life-cycle cost analysis that shall	8756
determine, for the economic life of such state-funded facility,	8757
the reasonably expected costs of facility ownership, operation,	8758
and maintenance including labor and materials. Life-cycle cost may	8759
be expressed as an annual cost for each year of the facility's	8760
use. ~~Further, the life-cycle cost analysis may demonstrate for~~	8761
~~each design how the design contributes to energy efficiency and~~	8762
~~conservation with respect to any of the following:~~	8763

~~(a) The coordination, orientation, and positioning of the~~	8764
~~facility on its physical site;~~	8765

~~(b) The amount and type of glass employed in the facility and~~	8766
~~the directions of exposure;~~	8767

~~(c) Thermal characteristics of materials incorporated into~~	8768
~~facility design, including insulation;~~	8769

~~(d) Architectural features that affect energy consumption,~~	8770
~~including the solar absorption and reflection properties of~~	8771
~~external surfaces;~~	8772

~~(e) The variable occupancy and operating conditions of the~~	8773
~~facility and portions of the facility, including illumination~~	8774
~~levels;~~	8775

~~(f) Any other pertinent, physical characteristics of the~~	8776
~~design.~~	8777

A life-cycle cost analysis additionally may include an energy	8778
consumption analysis that conforms to division (D)(2) of this	8779
section.	8780

(2) Specifications for an energy consumption analysis of the	8781
facility's heating, refrigeration, ventilation, cooling, lighting,	8782
hot water, and other major energy consuming systems, components,	8783
and equipment. ~~This analysis shall include both of the following:~~	8784

~~(a) The comparison of two or more system alternatives, one of~~	8785
~~which may be a system using solar energy;~~	8786

~~(b) The projection of the annual energy consumption of those~~	8787
~~major energy consuming systems, components, and equipment, for a~~	8788
~~range of operation of the facility over the economic life of the~~	8789
~~facility and considering their operation at other than full or~~	8790
~~rated outputs.~~	8791

A life-cycle cost analysis and energy consumption analysis	8792
shall be based on the best currently available methods of	8793
analysis, such as those of the national ~~bureau~~institute of	8794
standards and technology, the United States department of ~~housing~~	8795
~~and urban development~~energy or other federal agencies,	8796
professional societies, and directions developed by the	8797
department.	8798

(3) Specifications for energy performance indices, to be used	8799
to audit and evaluate competing design proposals submitted to the	8800
state.	8801

(4) A requirement that, not later than two years after ~~the~~	8802
~~effective date of this amendment~~April 6, 2007, each state-funded	8803
facility, except a facility of a state institution of higher	8804
education or a facility operated by a political subdivision, is	8805
managed by at least one building operator certified under the	8806
building operator certification program or any equivalent program	8807
or standards as shall be prescribed in the rules and considered	8808
reasonably equivalent.	8809

(5) An application process by which a ~~project~~ manager~~, as to~~	8810
of a specified state-funded facility, except a facility of a state	8811
institution of higher education or a facility operated by a	8812
political subdivision, may apply for a waiver of compliance with	8813
any provision of the rules required by divisions (D)(1) to (4) of	8814
this section.	8815

(E) The office of energy services shall promulgate rules to	8816
ensure that energy efficiency and conservation will be considered	8817
in the purchase of products and equipment, except motor vehicles,	8818
by any state agency, department, division, bureau, office, unit,	8819
board, commission, authority, quasi-governmental entity, or	8820
institution. Minimum energy efficiency standards for purchased	8821
products and equipment may be required, based on federal testing	8822
and labeling where available or on standards developed by the	8823
office. The rules shall apply to the competitive selection of	8824
energy consuming systems, components, and equipment under Chapter	8825
125. of the Revised Code where possible.	8826

The office also shall ensure energy efficient and energy	8827
conserving purchasing practices by doing all of the following:	8828

(1) Cooperatively with the office of energy efficiency,	8829
identifying available energy efficiency and conservation	8830
opportunities;	8831

(2) Providing for interchange of information among purchasing	8832
agencies;	8833

(3) Identifying laws, policies, rules, and procedures that	8834
need modification;	8835

(4) Monitoring experience with and the cost-effectiveness of	8836
this state's purchase and use of motor vehicles and of major	8837
energy-consuming systems, components, equipment, and products	8838
having a significant impact on energy consumption by government;	8839

(5) Cooperatively with the office of energy efficiency,	8840
providing technical assistance and training to state employees	8841
involved in the purchasing process.	8842

The department of development shall make recommendations to	8843
the office regarding planning and implementation of purchasing	8844
policies and procedures supportive of energy efficiency and	8845
conservation.	8846

(F)(1) The office of energy services shall require all state	8847
agencies, departments, divisions, bureaus, offices, units,	8848
commissions, boards, authorities, quasi-governmental entities,	8849
institutions, and state institutions of higher education to	8850
implement procedures ensuring that all their passenger automobiles	8851
acquired in each fiscal year, except for those passenger	8852
automobiles acquired for use in law enforcement or emergency	8853
rescue work, achieve a fleet average fuel economy of not less than	8854
the fleet average fuel economy for that fiscal year as shall be	8855
prescribed by the office by rule. The office shall promulgate the	8856
rule prior to the beginning of the fiscal year in accordance with	8857
the average fuel economy standards established pursuant to federal	8858
law for passenger automobiles manufactured during the model year	8859
that begins during the fiscal year.	8860

(2) Each state agency, department, division, bureau, office,	8861
unit, commission, board, authority, quasi-governmental entity,	8862
institution, and state institution of higher education shall	8863
determine its fleet average fuel economy by dividing:	8864

(a) The total number of passenger vehicles acquired during	8865
the fiscal year, except for those passenger vehicles acquired for	8866
use in law enforcement or emergency rescue work, by	8867

(b) A sum of terms, each of which is a fraction created by	8868
dividing:	8869

(i) The number of passenger vehicles of a given make, model,	8870
and year, except for passenger vehicles acquired for use in law	8871
enforcement or emergency rescue work, acquired during the fiscal	8872
year, by	8873

(ii) The fuel economy measured by the administrator of the	8874
United States environmental protection agency, for the given make,	8875
model, and year of vehicle, that constitutes an average fuel	8876
economy for combined city and highway driving.	8877

As used in division (F)(2) of this section, "acquired" means	8878
leased for a period of sixty continuous days or more, or	8879
purchased.	8880

(G) Each state agency, department, division, bureau, office,	8881
unit, board, commission, authority, quasi-governmental entity,	8882
institution, and state institution of higher education shall	8883
comply with any applicable provision of this section or of a rule	8884
promulgated pursuant to division (D) or (F) of this section.	8885

Sec. 123.10. (A) The director of administrative services	8886
shall regulate the rate of tolls to be collected on the public	8887
works of the state, and shall fix all rentals and collect all	8888
tolls, rents, fines, commissions, fees, and other revenues arising	8889
from any source in the public works, including the sale,	8890
construction, purchase, or rental of property, except that the	8891
director shall not collect a commission or fee from a real estate	8892
broker or the private owner when real property is leased or rented	8893
to the state.	8894

(B) There is hereby created in the state treasury the state	8895
architect's fund which shall consist of money received by the	8896
department of administrative services under division (A) of this	8897
section, fees paid under section 123.17 of the Revised Code,	8898
transfers of money to the fund authorized by the general assembly,	8899
and such amount of the investment earnings of the administrative	8900
building fund created in division ~~(C)~~(F) of ~~this~~ section 154.24 of	8901
the Revised Code as the director of budget and management	8902
determines to be appropriate and in excess of the amounts required	8903
to meet estimated federal arbitrage rebate requirements. Money in	8904
the fund shall be used by the department of administrative	8905
services for the following purposes:	8906

(1) To pay personnel and other administrative expenses of the	8907
department;	8908

(2) To pay the cost of conducting evaluations of public	8909
works;	8910

(3) To pay the cost of building design specifications;

8911

(4) To pay the cost of providing project management services;

8912

(5) To pay the cost of operating the local administration	8913
competency certification program prescribed by section 123.17 of	8914
the Revised Code;	8915

(6) Any other purposes that the director of administrative	8916
services determines to be necessary for the department to execute	8917
its duties under this chapter.	8918

~~(C) There is hereby created in the state treasury the~~	8919
~~administrative building fund which shall consist of proceeds of~~	8920
~~obligations authorized to pay the cost of capital facilities.~~	8921
~~Except as provided in division (B) of this section, all investment~~	8922
~~earnings of the fund shall be credited to the fund. The fund shall~~	8923
~~be used to pay the cost of capital facilities designated by or~~	8924
~~pursuant to an act of the general assembly. The director of budget~~	8925
~~and management shall approve and provide a voucher for payments of~~	8926
~~amounts from the fund that represent the portion of investment~~	8927
~~earnings to be rebated or to be paid to the federal government in~~	8928
~~order to maintain the exclusion from gross income for federal~~	8929
~~income tax purposes on interest on those obligations pursuant to~~	8930
~~section 148(f) of the Internal Revenue Code.~~	8931

~~As used in this division, "capital facilities" has the same~~	8932
~~meaning as under section 152.09 of the Revised Code.~~	8933

Sec. 123.101. (A) As used in this section:

8934

"Capital facilities project" means the construction,	8935
reconstruction, improvement, enlargement, alteration, or repair of	8936
a building by a public entity.	8937

"Public entity" includes a state agency and a state	8938
institution of higher education.	8939

"State institution of higher education" has the same meaning	8940
as in section 3345.011 of the Revised Code.	8941

(B) Commencing not later than July 1, 2012, and upon	8942
completion of a capital facilities project that is funded wholly	8943
or in part using state funds, each public entity shall submit a	8944
report about the project to the director of administrative	8945
services. The report shall be submitted in Ohio administrative	8946
knowledge system capital improvement format or in a manner	8947
determined by the director and not later than thirty days after	8948
the project is complete. The report shall provide the total	8949
original contract bid, total cost of change orders, total actual	8950
cost of the project, total costs incurred for mediation and	8951
litigation services, and any other data requested by the director.	8952
The first report submitted pursuant to this division shall include	8953
information about any capital facilities project completed on or	8954
after July 1, 2011. Any capital facilities project that is funded	8955
wholly or in part through appropriations made to the Ohio school	8956
facilities commission, the Ohio public works commission, or the	8957
Ohio cultural facilities commission, or for which a joint use	8958
agreement has been entered into with any public entity, is exempt	8959
from the reporting requirement prescribed under this division.	8960

(C) Commencing not later than July 1, 2012, and annually	8961
thereafter, the attorney general shall report to the director on	8962
any mediation and litigation costs associated with capital	8963
facilities projects for which a judgment has been rendered. The	8964
report shall be submitted in a manner prescribed by the director	8965
and shall contain any information requested by the director	8966
related to capital facilities project mediation and litigation	8967
costs.	8968

(D) As soon as practicable after such information is made	8969
available, the director of administrative services shall	8970
incorporate the information reported pursuant to divisions (B) and	8971
(C) of this section into the Ohio administrative knowledge system.	8972

Sec. 124.09. The director of administrative services shall	8973
do all of the following:	8974

(A) Prescribe, amend, and enforce administrative rules for	8975
the purpose of carrying out the functions, powers, and duties	8976
vested in and imposed upon the director by this chapter. Except in	8977
the case of rules adopted pursuant to section 124.14 of the	8978
Revised Code, the prescription, amendment, and enforcement of	8979
rules under this division are subject to approval, disapproval, or	8980
modification by the state personnel board of review.	8981

(B) Keep records of the director's proceedings and records of	8982
all applications for examinations and all examinations conducted	8983
by the director or the director's designee. All of those records,	8984
except examinations, proficiency assessments, and recommendations	8985
of former employers, shall be open to public inspection under	8986
reasonable regulations; provided the governor, or any person	8987
designated by the governor, may, for the purpose of investigation,	8988
have free access to all of those records, whenever the governor	8989
has reason to believe that this chapter, or the administrative	8990
rules of the director prescribed under this chapter, are being	8991
violated.	8992

(C) Prepare, continue, and keep in the office of the	8993
department of administrative services a complete roster of all	8994
persons in the classified civil service of the state who are paid	8995
directly by warrant of the director of budget and management. This	8996
roster shall be open to public inspection at all reasonable hours.	8997
It shall show in reference to each of those persons, the person's	8998
name, address, date of appointment to or employment in the	8999
classified civil service of the state, and salary or compensation,	9000
the title of the place or office that the person holds, the nature	9001
of the duties of that place or office, and, in case of the	9002
person's removal or resignation, the date of the termination of	9003
that service.	9004

(D) Approve the establishment of all new positions in the	9005
civil service of the state and the reestablishment of abolished	9006
positions;	9007

(E) Require the abolishment of any position in the civil	9008
service of the state that is not filled after a period of twelve	9009
months unless it is determined that the position is seasonal in	9010
nature or that the vacancy is otherwise justified;	9011

(F) Make investigations concerning all matters touching the	9012
enforcement and effect of this chapter and the administrative	9013
rules of the director of administrative services prescribed under	9014
this chapter. In the course of those investigations, the director	9015
or the director's deputy may administer oaths and affirmations and	9016
take testimony relative to any matter which the director has	9017
authority to investigate.	9018

(G) Have the power to subpoena and require the attendance and	9019
testimony of witnesses and the production of books, papers, public	9020
records, and other documentary evidence pertinent to the	9021
investigations, inquiries, or hearings on any matter which the	9022
director has authority to investigate, inquire into, or hear, and	9023
to examine them in relation to any matter which the director has	9024
authority to investigate, inquire into, or hear. Fees and mileage	9025
shall be allowed to witnesses and, on their certificate, duly	9026
audited, shall be paid by the treasurer of state or, in the case	9027
of municipal or civil service township civil service commissions,	9028
by the county treasurer, for attendance and traveling, as provided	9029
in section 119.094 of the Revised Code. All officers in the civil	9030
service of the state or any of the political subdivisions of the	9031
state and their deputies, clerks, and employees shall attend and	9032
testify when summoned to do so by the director or the state	9033
personnel board of review. Depositions of witnesses may be taken	9034
by the director or the board, or any member of the board, in the	9035
manner prescribed by law for like depositions in civil actions in	9036
the courts of common pleas. In case any person, in disobedience to	9037
any subpoena issued by the director or the board, or any member of	9038
the board, or the chief examiner, fails or refuses to attend and	9039
testify to any matter regarding which the person may be lawfully	9040
interrogated, or produce any documentary evidence pertinent to any	9041
investigation, inquiry, or hearing, the court of common pleas of	9042
any county, or any judge of the court of common pleas of any	9043
county, where the disobedience, failure, or refusal occurs, upon	9044
application of the director or the board, or any member of the	9045
board, or a municipal or civil service township civil service	9046
commission, or any commissioner of such a commission, or their	9047
chief examiner, shall compel obedience by attachment proceedings	9048
for contempt as in the case of disobedience of the requirements of	9049
a subpoena issued from the court or a refusal to testify in the	9050
court.	9051

(H) Make a report to the governor, on or before the first day	9052
of January of each year, showing the director's actions, the rules	9053
and all exceptions to the rules in force, and any recommendations	9054
for the more effectual accomplishment of the purposes of this	9055
chapter. The director shall also furnish any special reports to	9056
the governor whenever the governor requests them. The reports	9057
shall be printed for public distribution under the same	9058
regulations as are the reports of other state officers, boards, or	9059
commissions.	9060

Sec. 124.23. (A) All applicants for positions and places in	9061
the classified service shall be subject to examination, except for	9062
applicants for positions as professional or certified service and	9063
paraprofessional employees of county boards of developmental	9064
disabilities, who shall be hired in the manner provided in section	9065
124.241 of the Revised Code.	9066

(B) Any examination administered under this section shall be	9067
public and be open to all citizens of the United States and those	9068
persons who have legally declared their intentions of becoming	9069
United States citizens. For examinations administered for	9070
positions in the service of the state, the director of	9071
administrative services or the director's designee may determine	9072
certain limitations as to citizenship, age, experience, education,	9073
health, habit, and moral character.	9074

(C) Any person who has completed service in the uniformed	9075
services, who has been honorably discharged from the uniformed	9076
services or transferred to the reserve with evidence of	9077
satisfactory service, and who is a resident of this state and any	9078
member of the national guard or a reserve component of the armed	9079
forces of the United States who has completed more than one	9080
hundred eighty days of active duty service pursuant to an	9081
executive order of the president of the United States or an act of	9082
the congress of the United States may file with the director a	9083
certificate of service or honorable discharge, and, upon this	9084
filing, the person shall receive additional credit of twenty per	9085
cent of the person's total grade given in the ~~regular~~ examination	9086
in which the person receives a passing grade.	9087

As used in this division, "service in the uniformed services"	9088
and "uniformed services" have the same meanings as in the	9089
"Uniformed Services Employment and Reemployment Rights Act of	9090
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.	9091

(D) An examination may include an evaluation of such factors	9092
as education, training, capacity, knowledge, manual dexterity, and	9093
physical or psychological fitness. An examination shall consist of	9094
one or more tests in any combination. Tests may be written, oral,	9095
physical, demonstration of skill, or an evaluation of training and	9096
experiences and shall be designed to fairly test the relative	9097
capacity of the persons examined to discharge the particular	9098
duties of the position for which appointment is sought. Tests may	9099
include structured interviews, assessment centers, work	9100
simulations, examinations of knowledge, skills, and abilities, and	9101
any other acceptable testing methods. If minimum or maximum	9102
requirements are established for any examination, they shall be	9103
specified in the examination announcement.	9104

(E) Except as otherwise provided in sections 124.01 to 124.64	9105
of the Revised Code, when a position in the classified service of	9106
the state is to be filled, an examination shall be administered.	9107
The director of administrative services shall have control of all	9108
examinations administered for positions in the service of the	9109
state and all other examinations the director administers as	9110
provided in section 124.07 of the Revised Code, except as	9111
otherwise provided in sections 124.01 to 124.64 of the Revised	9112
Code. The director shall, by rule adopted under Chapter 119. of	9113
the Revised Code, prescribe the notification method that is to be	9114
used by an appointing authority to notify the director that a	9115
position in the classified service of the state is to be filled.	9116
In addition to the positions described in section 124.30 of the	9117
Revised Code, the director may, with sufficient justification from	9118
the appointing authority, allow the appointing authority to fill	9119
the position by noncompetitive examination. The director shall	9120
establish, by rule adopted under Chapter 119. of the Revised Code,	9121
standards that the director shall use to determine what serves as	9122
sufficient justification from an appointing authority to fill a	9123
position by noncompetitive examination.	9124

(F) No questions in any examination shall relate to political	9125
or religious opinions or affiliations. No credit for seniority,	9126
efficiency, or any other reason shall be added to an applicant's	9127
examination grade unless the applicant achieves at least the	9128
minimum passing grade on the examination without counting that	9129
extra credit.	9130

(G) Except as otherwise provided in sections 124.01 to 124.64	9131
of the Revised Code, the director of administrative services or	9132
the director's designee shall give reasonable notice of the time,	9133
place, and general scope of every competitive examination for	9134
appointment that the director or the director's designee	9135
administers for positions in the classified service of the state.	9136
The director or the director's designee shall ~~send written,~~	9137
~~printed, or electronic~~post notices via electronic media of every	9138
examination to be conducted for positions in the classified civil	9139
service of the state ~~to each agency of the type the director of~~	9140
~~job and family services specifies and, in the case of a county in~~	9141
~~which no such agency is located, to the clerk of the court of~~	9142
~~common pleas of that county and to the clerk of each city located~~	9143
~~within that county. Those notices shall be posted in conspicuous~~	9144
~~public places in the designated agencies or the courthouse, and~~	9145
~~city hall of the cities, of the counties in which no designated~~	9146
~~agency is located for at least two weeks~~. The electronic notice	9147
shall be posted on the director's internet site on the world wide	9148
web for a minimum of one week preceding any examination involved,	9149
~~and in a conspicuous place in the office of the director of~~	9150
~~administrative services for at least two weeks preceding any~~	9151
~~examination involved. In case of examinations limited by the~~	9152
~~director to a district, county, city, or department, the director~~	9153
~~shall provide by rule for adequate publicity of an examination in~~	9154
~~the district, county, city, or department within which competition~~	9155
~~is permitted~~.	9156

Sec. 124.231. (A) As used in this section, "legally blind	9157
person" means any person who qualifies as being blind under any	9158
Ohio or federal statute, or any rule adopted thereunder. As used	9159
in this section, "legally deaf person" means any person who	9160
qualifies as being deaf under any Ohio or federal statute, or any	9161
rule adopted thereunder.	9162

(B) ~~The~~When an examination is to be administered under	9163
sections 124.01 to 124.64 of the Revised Code, the director of	9164
administrative services or the director's designee shall whenever	9165
practicable arrange for special examinations to be administered to	9166
legally blind or legally deaf persons applying for ~~original~~	9167
~~appointments~~positions in the classified service to ensure that	9168
the abilities of such applicants are properly assessed and that	9169
such applicants are not subject to discrimination because they are	9170
legally blind or legally deaf persons.	9171

~~(C) The director may administer equitable programs for the~~	9172
~~employment of legally blind persons and legally deaf persons in~~	9173
~~the classified service.~~	9174

~~Nothing in this section shall be construed to prohibit the~~	9175
~~appointment of a legally blind or legally deaf person to a~~	9176
~~position in the classified service under the procedures otherwise~~	9177
~~provided in this chapter.~~	9178

Sec. 124.24. (A) Notwithstanding sections 124.01 to 124.64	9179
and Chapter 145. of the Revised Code, the examinations of	9180
applicants for the positions of deputy mine inspector,	9181
superintendent of rescue stations, assistant superintendent of	9182
rescue stations, electrical inspectors, ~~gas storage well~~	9183
~~inspector,~~ and mine chemists in the division of mineral resources	9184
management, department of natural resources, as provided in	9185
Chapters 1561., 1563., 1565., and 1567. of the Revised Code shall	9186
be provided for, conducted, and administered by the chief of the	9187
division of mineral resources management.	9188

From the returns of the examinations the chief shall prepare	9189
eligible lists of the persons whose general average standing upon	9190
examinations for such grade or class is not less than the minimum	9191
fixed by rules adopted under section 1561.05 of the Revised Code	9192
and who are otherwise eligible. All appointments to a position	9193
shall be made from ~~such~~that eligible list in the same manner as	9194
appointments are made from eligible lists prepared by the director	9195
of administrative services. Any person upon being appointed to	9196
fill one of the positions provided for in this ~~section~~division,	9197
from any such eligible list, shall have the same standing, rights,	9198
privileges, and status as other state employees in the classified	9199
service.	9200

(B) Notwithstanding sections 124.01 to 124.64 and Chapter	9201
145. of the Revised Code, the examinations of applicants for the	9202
position of gas storage well inspector in the division of oil and	9203
gas resources management, department of natural resources, as	9204
provided in Chapter 1571. of the Revised Code shall be provided	9205
for, conducted, and administered by the chief of the division of	9206
oil and gas resources management.	9207

From the returns of the examinations, the chief shall prepare	9208
an eligible list of the persons whose general average standing	9209
upon examinations for that position is not less than the minimum	9210
fixed by rules adopted under section 1571.014 of the Revised Code	9211
and who are otherwise eligible. An appointment to the position	9212
shall be made from that eligible list in the same manner as	9213
appointments are made from eligible lists prepared by the director	9214
of administrative services. Any person, upon being appointed to	9215
fill the position provided for in this division from any such	9216
eligible list, shall have the same standing, rights, privileges,	9217
and status as other state employees in the classified service.	9218

Sec. 124.25. The director of administrative services shall	9219
require persons applying for an examination for original	9220
appointment to file with the director or the director's designee,	9221
within reasonable time prior to the examination, a formal	9222
application, in which the applicant shall state the applicant's	9223
name, address, and such other information as may reasonably be	9224
required concerning the applicant's education and experience. No	9225
inquiry shall be made as to religious or political affiliations or	9226
as to racial or ethnic origin of the applicant, except as	9227
necessary to gather equal employment opportunity or other	9228
statistics that, when compiled, will not identify any specific	9229
individual.	9230

Blank forms for applications shall be furnished by the	9231
director or the director's designee without charge to any person	9232
requesting the same. The director or the director's designee may	9233
require in connection with such application such certificate of	9234
persons having knowledge of the applicant as the good of the	9235
service demands. The director or the director's designee may	9236
refuse to appoint or examine an applicant, or, after an	9237
examination, refuse to certify the applicant as eligible, who is	9238
found to lack any of the established preliminary requirements for	9239
the examination, who is addicted to the habitual use of	9240
intoxicating liquors or drugs to excess, who has a pattern of poor	9241
work habits and performance with previous employers, who has been	9242
convicted of a felony, who has been guilty of infamous or	9243
notoriously disgraceful conduct, who has been dismissed from	9244
either branch of the civil service for delinquency or misconduct,	9245
or who has made false statements of any material fact, or	9246
practiced, or attempted to practice, any deception or fraud in the	9247
application or examination, in establishing eligibility, or	9248
securing an appointment.	9249

Sec. 124.26. From the returns of the examinations, the	9250
director of administrative services or the director's designee	9251
shall prepare an eligible list of the persons whose general	9252
average standing upon examinations for the ~~grade or~~ class or	9253
position is not less than the minimum fixed by the rules of the	9254
director, and who are otherwise eligible. Those persons shall take	9255
rank upon the eligible list as candidates in the order of their	9256
relative excellence as determined by the examination without	9257
reference to priority of the time of examination. If two or more	9258
applicants receive the same mark in an open competitive	9259
examination, priority in the time of filing the application with	9260
the director or the director's designee shall determine the order	9261
in which their names shall be placed on the eligible list, except	9262
that applicants eligible for veteran's preference under section	9263
124.23 of the Revised Code shall receive priority in rank on the	9264
eligible list over nonveterans on the list with a rating equal to	9265
that of the veteran. Ties among veterans shall be decided by	9266
priority of filing the application. ~~If two or more applicants~~	9267
~~receive the same mark on a promotional examination, seniority~~	9268
~~shall determine the order in which their names shall be placed on~~	9269
~~the eligible list. The term of eligibility of each list shall be~~	9270
~~fixed by the director at not less than one or more than two years.~~	9271

~~When an eligible list is reduced to ten names or less, a new~~	9272
~~list may be prepared. The director may consolidate two or more~~	9273
~~eligible lists of the same kind by the rearranging of eligibles~~	9274
~~named in the lists, according to their grades~~. An eligible list	9275
expires upon the filling or closing of the position. An expired	9276
eligible list may be used to fill a position of the same	9277
classification within the same appointing authority for which the	9278
list was created. But, in no event shall an expired list be used	9279
more than one year past its expiration date.	9280

Sec. 124.27. (A) ~~The head of a department, office, or~~	9281
~~institution, in which a position in the classified service is to~~	9282
~~be filled, shall notify the director of administrative services of~~	9283
~~the fact, and the director shall, except as otherwise provided in~~	9284
~~this section and sections 124.30 and 124.31 of the Revised Code,~~	9285
~~certify to the appointing authority the names and addresses of the~~	9286
~~ten candidates standing highest on the eligible list for the class~~	9287
~~or grade to which the position belongs, except that the director~~	9288
~~may certify less than ten names if ten names are not available.~~	9289
~~When less than ten names are certified to an appointing authority,~~	9290
~~appointment from that list shall not be mandatory. When a position~~	9291
~~in the classified service in the department of mental health or~~	9292
~~the department of developmental disabilities is to be filled, the~~	9293
~~director of administrative services shall make such certification~~	9294
~~to the appointing authority within seven working days of the date~~	9295
~~the eligible list is requested.~~	9296

~~(B) The appointing authority shall notify the director of a~~	9297
~~position in the classified service to be filled, and the~~	9298
~~appointing authority shall fill the vacant position by appointment~~	9299
~~of one of the ten persons certified by the director. If more than~~	9300
~~one position is to be filled, the director may certify a group of~~	9301
~~names from the eligible list, and the appointing authority shall~~	9302
~~appoint in the following manner: beginning at the top of the list,~~	9303
~~each time a selection is made, it must be from one of the first~~	9304
~~ten candidates remaining on the list who is willing to accept~~	9305
~~consideration for the position. If an eligible list becomes~~	9306
~~exhausted, and until a new list can be created, or when no~~	9307
~~eligible list for a position exists, names may be certified from~~	9308
~~eligible lists most appropriate for the group or class in which~~	9309
~~the position to be filled is classified. A person who is certified~~	9310
~~from an eligible list more than three times to the same appointing~~	9311
~~authority for the same or similar positions may be omitted from~~	9312
~~future certification to that appointing authority, provided that~~	9313
~~certification for a temporary appointment shall not be counted as~~	9314
~~one of those certifications. Every person who qualifies for~~	9315
~~veteran's preference under section 124.23 of the Revised Code, who~~	9316
~~is a resident of this state, and whose name is on the eligible~~	9317
~~list for a position shall be entitled to preference in original~~	9318
~~appointments to any such competitive position in the civil service~~	9319
~~of the state and its civil divisions over all other persons~~	9320
~~eligible for those appointments and standing on the relevant~~	9321
~~eligible list with a rating equal to that of the person qualifying~~	9322
~~for veteran's preference.~~ Appointments to all positions in the	9323
classified service, that are not filled by promotion, transfer, or	9324
reduction, as provided in sections 124.01 to 124.64 of the Revised	9325
Code and the rules of the director prescribed under those	9326
sections, shall be made only from those persons whose names ~~are~~	9327
~~certified to the appointing authority~~take rank order on an	9328
eligible list, and no employment, except as provided in those	9329
sections, shall be otherwise given in the classified service of	9330
this state or any political subdivision of the state. The	9331
appointing authority shall appoint in the following manner: each	9332
time a selection is made, it shall be from one of the names that	9333
ranks in the top twenty-five per cent of the eligible list. But,	9334
in the event that ten or fewer names are on the eligible list, the	9335
appointing authority may select any of the listed candidates. Each	9336
person who qualifies for the veteran's preference under section	9337
124.23 of the Revised Code, who is a resident of this state, and	9338
whose name is on the eligible list for a position is entitled to	9339
preference in original appointment to any such competitive	9340
position in the civil service of the state and its civil divisions	9341
over all other persons who are eligible for those appointments and	9342
who are standing on the relevant eligible list with a rating equal	9343
to that of the person qualifying for the veteran's preference.	9344

~~(C)~~(B) All original and promotional appointments, including	9345
appointments made pursuant to section 124.30 of the Revised Code,	9346
but not intermittent appointments, shall be for a probationary	9347
period, not less than sixty days nor more than one year, to be	9348
fixed by the rules of the director, except as provided in section	9349
124.231 of the Revised Code, and except for original appointments	9350
to a police department as a police officer or to a fire department	9351
as a firefighter which shall be for a probationary period of one	9352
year. No appointment or promotion is final until the appointee has	9353
satisfactorily served the probationary period. If the service of	9354
the probationary employee is unsatisfactory, the employee may be	9355
removed or reduced at any time during the probationary period. If	9356
the appointing authority decides to remove a probationary employee	9357
in the service of the state, the appointing authority shall	9358
communicate the removal to the director ~~the reason for that~~	9359
~~decision~~. A probationary employee duly removed or reduced in	9360
position for unsatisfactory service does not have the right to	9361
appeal the removal or reduction under section 124.34 of the	9362
Revised Code.	9363

Sec. 124.31. ~~(A)~~ Vacancies in positions in the classified	9364
service of the state shall be filled insofar as practicable by	9365
promotions. The director of administrative services shall provide	9366
in the director's rules for keeping a record of efficiency for	9367
each employee in the classified civil service of the state, and	9368
for making promotions in the classified civil service of the state	9369
on the basis of merit~~, to be ascertained insofar as practicable by~~	9370
~~promotional examinations,~~and by conduct and capacity in office,	9371
~~and by seniority in service. The director shall provide that~~	9372
~~vacancies in positions in the classified civil service of the~~	9373
~~state shall be filled by promotion in all cases where, in the~~	9374
~~judgment of the director, it is for the best interest of the~~	9375
~~service. The director's rules shall authorize each appointing~~	9376
~~authority of a county to develop and administer in a manner it~~	9377
~~devises, an evaluation system for the employees it appoints.~~	9378

~~(B) All examinations for promotions shall be competitive and~~	9379
~~may be conducted in the same manner as examinations described in~~	9380
~~section 124.23 of the Revised Code. In promotional examinations,~~	9381
~~seniority in service shall be added to the examination grade, but~~	9382
~~no credit for seniority or any other reason shall be added to an~~	9383
~~examination grade unless the applicant achieves at least the~~	9384
~~minimum passing score on the examination without counting that~~	9385
~~extra credit. Credit for seniority shall equal, for the first four~~	9386
~~years of service, one per cent of the total grade attainable in~~	9387
~~the promotion examination, and, for each of the fifth through~~	9388
~~fourteenth years of service, six-tenths per cent of the total~~	9389
~~grade attainable.~~	9390

~~In all cases where vacancies are to be filled by promotion,~~	9391
~~the director shall certify to the appointing authority the names~~	9392
~~of the three persons having the highest rating on the eligible~~	9393
~~list. The method of examination for promotions, the manner of~~	9394
~~giving notice of the examination, and the rules governing it shall~~	9395
~~be in general the same as those provided for original~~	9396
~~examinations, except as otherwise provided in sections 124.01 to~~	9397
~~124.64 of the Revised Code~~.	9398

Sec. 124.34. (A) The tenure of every officer or employee in	9399
the classified service of the state and the counties, civil	9400
service townships, cities, city health districts, general health	9401
districts, and city school districts of the state, holding a	9402
position under this chapter, shall be during good behavior and	9403
efficient service. No officer or employee shall be reduced in pay	9404
or position, fined, suspended, or removed, or have the officer's	9405
or employee's longevity reduced or eliminated, except as provided	9406
in section 124.32 of the Revised Code, and for incompetency,	9407
inefficiency, dishonesty, drunkenness, immoral conduct,	9408
insubordination, discourteous treatment of the public, neglect of	9409
duty, violation of any policy or work rule of the officer's or	9410
employee's appointing authority, violation of this chapter or the	9411
rules of the director of administrative services or the	9412
commission, any other failure of good behavior, any other acts of	9413
misfeasance, malfeasance, or nonfeasance in office, or conviction	9414
of a felony. The denial of a one-time pay supplement or a bonus to	9415
an officer or employee is not a reduction in pay for purposes of	9416
this section.	9417

This section does not apply to any modifications or	9418
reductions in pay or work week authorized by division (Q) of	9419
section 124.181 or section 124.392 or, 124.393, or 124.394 of the	9420
Revised Code.	9421

An appointing authority may require an employee who is	9422
suspended to report to work to serve the suspension. An employee	9423
serving a suspension in this manner shall continue to be	9424
compensated at the employee's regular rate of pay for hours	9425
worked. The disciplinary action shall be recorded in the	9426
employee's personnel file in the same manner as other disciplinary	9427
actions and has the same effect as a suspension without pay for	9428
the purpose of recording disciplinary actions.	9429

A finding by the appropriate ethics commission, based upon a	9430
preponderance of the evidence, that the facts alleged in a	9431
complaint under section 102.06 of the Revised Code constitute a	9432
violation of Chapter 102., section 2921.42, or section 2921.43 of	9433
the Revised Code may constitute grounds for dismissal. Failure to	9434
file a statement or falsely filing a statement required by section	9435
102.02 of the Revised Code may also constitute grounds for	9436
dismissal. The tenure of an employee in the career professional	9437
service of the department of transportation is subject to section	9438
5501.20 of the Revised Code.	9439

Conviction of a felony is a separate basis for reducing in	9440
pay or position, suspending, or removing an officer or employee,	9441
even if the officer or employee has already been reduced in pay or	9442
position, suspended, or removed for the same conduct that is the	9443
basis of the felony. An officer or employee may not appeal to the	9444
state personnel board of review or the commission any disciplinary	9445
action taken by an appointing authority as a result of the	9446
officer's or employee's conviction of a felony. If an officer or	9447
employee removed under this section is reinstated as a result of	9448
an appeal of the removal, any conviction of a felony that occurs	9449
during the pendency of the appeal is a basis for further	9450
disciplinary action under this section upon the officer's or	9451
employee's reinstatement.	9452

A person convicted of a felony immediately forfeits the	9453
person's status as a classified employee in any public employment	9454
on and after the date of the conviction for the felony. If an	9455
officer or employee is removed under this section as a result of	9456
being convicted of a felony or is subsequently convicted of a	9457
felony that involves the same conduct that was the basis for the	9458
removal, the officer or employee is barred from receiving any	9459
compensation after the removal notwithstanding any modification or	9460
disaffirmance of the removal, unless the conviction for the felony	9461
is subsequently reversed or annulled.	9462

Any person removed for conviction of a felony is entitled to	9463
a cash payment for any accrued but unused sick, personal, and	9464
vacation leave as authorized by law. If subsequently reemployed in	9465
the public sector, the person shall qualify for and accrue these	9466
forms of leave in the manner specified by law for a newly	9467
appointed employee and shall not be credited with prior public	9468
service for the purpose of receiving these forms of leave.	9469

As used in this division, "felony" means any of the	9470
following:	9471

(1) A felony that is an offense of violence as defined in	9472
section 2901.01 of the Revised Code;	9473

(2) A felony that is a felony drug abuse offense as defined	9474
in section 2925.01 of the Revised Code;	9475

(3) A felony under the laws of this or any other state or the	9476
United States that is a crime of moral turpitude;	9477

(4) A felony involving dishonesty, fraud, or theft;

9478

(5) A felony that is a violation of section 2921.05, 2921.32,	9479
or 2921.42 of the Revised Code.	9480

(B) In case of a reduction, a suspension of more than forty	9481
work hours in the case of an employee exempt from the payment of	9482
overtime compensation, a suspension of more than twenty-four work	9483
hours in the case of an employee required to be paid overtime	9484
compensation, a fine of more than forty hours' pay in the case of	9485
an employee exempt from the payment of overtime compensation, a	9486
fine of more than twenty-four hours' pay in the case of an	9487
employee required to be paid overtime compensation, or removal,	9488
except for the reduction or removal of a probationary employee,	9489
the appointing authority shall serve the employee with a copy of	9490
the order of reduction, fine, suspension, or removal, which order	9491
shall state the reasons for the action.	9492

Within ten days following the date on which the order is	9493
served or, in the case of an employee in the career professional	9494
service of the department of transportation, within ten days	9495
following the filing of a removal order, the employee, except as	9496
otherwise provided in this section, may file an appeal of the	9497
order in writing with the state personnel board of review or the	9498
commission. For purposes of this section, the date on which an	9499
order is served is the date of hand delivery of the order or the	9500
date of delivery of the order by certified United States mail,	9501
whichever occurs first. If an appeal is filed, the board or	9502
commission shall forthwith notify the appointing authority and	9503
shall hear, or appoint a trial board to hear, the appeal within	9504
thirty days from and after its filing with the board or	9505
commission. The board, commission, or trial board may affirm,	9506
disaffirm, or modify the judgment of the appointing authority.	9507
However, in an appeal of a removal order based upon a violation of	9508
a last chance agreement, the board, commission, or trial board may	9509
only determine if the employee violated the agreement and thus	9510
affirm or disaffirm the judgment of the appointing authority.	9511

In cases of removal or reduction in pay for disciplinary	9512
reasons, either the appointing authority or the officer or	9513
employee may appeal from the decision of the state personnel board	9514
of review or the commission, and any such appeal shall be to the	9515
court of common pleas of the county in which the appointing	9516
authority is located, or to the court of common pleas of Franklin	9517
county, as provided by section 119.12 of the Revised Code.	9518

(C) In the case of the suspension for any period of time, or	9519
a fine, demotion, or removal, of a chief of police, a chief of a	9520
fire department, or any member of the police or fire department of	9521
a city or civil service township, who is in the classified civil	9522
service, the appointing authority shall furnish the chief or	9523
member with a copy of the order of suspension, fine, demotion, or	9524
removal, which order shall state the reasons for the action. The	9525
order shall be filed with the municipal or civil service township	9526
civil service commission. Within ten days following the filing of	9527
the order, the chief or member may file an appeal, in writing,	9528
with the commission. If an appeal is filed, the commission shall	9529
forthwith notify the appointing authority and shall hear, or	9530
appoint a trial board to hear, the appeal within thirty days from	9531
and after its filing with the commission, and it may affirm,	9532
disaffirm, or modify the judgment of the appointing authority. An	9533
appeal on questions of law and fact may be had from the decision	9534
of the commission to the court of common pleas in the county in	9535
which the city or civil service township is situated. The appeal	9536
shall be taken within thirty days from the finding of the	9537
commission.	9538

(D) A violation of division (A)(7) of section 2907.03 of the	9539
Revised Code is grounds for termination of employment of a	9540
nonteaching employee under this section.	9541

(E) As used in this section, "last chance agreement" means an	9542
agreement signed by both an appointing authority and an officer or	9543
employee of the appointing authority that describes the type of	9544
behavior or circumstances that, if it occurs, will automatically	9545
lead to removal of the officer or employee without the right of	9546
appeal to the state personnel board of review or the appropriate	9547
commission.	9548

Sec. 124.393. (A) As used in this section:

9549

(1) "~~County exempt~~Exempt employee" means a permanent	9550
full-time or permanent part-time county, township, or municipal	9551
corporation employee who is not subject to a collective bargaining	9552
agreement between a public employer and an exclusive	9553
representative.	9554

(2) "Fiscal emergency" means any of the following:

9555

(a) A fiscal emergency declared by the governor under section	9556
126.05 of the Revised Code.	9557

(b) A fiscal watch or fiscal emergency has been declared or	9558
determined under section 118.023 or 118.04 of the Revised Code.	9559

(c) Lack of funds as defined in section 124.321 of the	9560
Revised Code.	9561

~~(c)~~(d) Reasons of economy as described in section 124.321 of	9562
the Revised Code.	9563

(B)(1) A county, township, or municipal corporation	9564
appointing authority may establish a mandatory cost savings	9565
program applicable to its ~~county~~ exempt employees. Each ~~county~~	9566
exempt employee shall participate in the program of mandatory cost	9567
savings for not more than eighty hours, as determined by the	9568
appointing authority, in each of state fiscal years 2010 ~~and 2011~~	9569
to 2013. The program may include, but is not limited to, a loss of	9570
pay or loss of holiday pay. The program may be administered	9571
differently among employees based on their classifications,	9572
appointment categories, or other relevant distinctions.	9573

(2) After June 30, ~~2011~~2013, a county, township, or	9574
municipal corporation appointing authority may implement mandatory	9575
cost savings days as described in division (B)(1) of this section	9576
that apply to its ~~county~~ exempt employees in the event of a fiscal	9577
emergency.	9578

(C) A county, township, or municipal corporation appointing	9579
authority shall issue guidelines concerning how the appointing	9580
authority will implement the cost savings program.	9581

Sec. 124.394. (A) As used in this section:

9582

(1) "Exempt employee" means a permanent full-time or	9583
permanent part-time county employee , township, or municipal	9584
corporation who is not subject to a collective bargaining	9585
agreement between a public employer and an exclusive	9586
representative.	9587

(2) "Fiscal emergency" means any of the following:

9588

(a) A fiscal emergency declared by the governor under section	9589
126.05 of the Revised Code.	9590

(b) A fiscal watch or a fiscal emergency declared or	9591
determined by the auditor of state under section 118.023 or 118.04	9592
of the Revised Code.	9593

(c) Lack of funds as defined in section 124.321 of the	9594
Revised Code.	9595

(d) Reasons of economy as described in section 124.321 of the	9596
Revised Code.	9597

(B) A county, township, or municipal corporation appointing	9598
authority may establish a modified work week schedule program	9599
applicable to its exempt employees. Each exempt employee shall	9600
participate in any established modified work week schedule program	9601
in each of state fiscal years 2012 and 2013. The program may	9602
provide for a reduction from the usual number of hours worked	9603
during a week by exempt employees immediately before the	9604
establishment of the program by the appointing authority. The	9605
reduction in hours may include any number of hours so long as the	9606
reduction is not more than fifty per cent of the usual hours	9607
worked by exempt employees immediately before the establishment of	9608
the program. The program may be administered differently among	9609
employees based on classifications, appointment categories, or	9610
other relevant distinctions.	9611

(C) After June 30, 2013, a county, township, or municipal	9612
corporation appointing authority may implement a modified work	9613
week schedule program as described in division (B) of this section	9614
that applies to its exempt employees in the event of a fiscal	9615
emergency.	9616

Sec. 125.021. (A) Except as to the military department, the	9617
general assembly, the capitol square review advisory board, the	9618
bureau of workers' compensation, the industrial commission, and	9619
institutions administered by boards of trustees, the department of	9620
administrative services may contract for telephone, other	9621
telecommunication, and computer services for state agencies.	9622
Nothing in this division precludes the bureau or the commission	9623
from contracting with the department to authorize the department	9624
to contract for those services for the bureau or the commission.	9625

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

9626

(a) "Active duty" means active duty pursuant to an executive	9627
order of the president of the United States, an act of the	9628
congress of the United States, or section 5919.29 or 5923.21 of	9629
the Revised Code.	9630

(b) "Immediate family" means a person's spouse residing in	9631
the person's household, brothers and sisters of the whole or of	9632
the half blood, children, including adopted children and	9633
stepchildren, parents, and grandparents.	9634

(2) The department of administrative services may enter into	9635
a contract to purchase bulk long distance telephone services and	9636
make them available at cost, or may make bulk long distance	9637
telephone services available at cost under any existing contract	9638
the department has entered into, to members of the immediate	9639
family of persons deployed on active duty so that those family	9640
members can communicate with the persons so deployed. If the	9641
department enters into contracts under division (B)(2) of this	9642
section, it shall do so in accordance with sections 125.01 to	9643
125.11 of the Revised Code and in a nondiscriminatory manner that	9644
does not place any potential vendor at a competitive disadvantage.	9645

(3) If the department decides to exercise either option under	9646
division (B)(2) of this section, it shall adopt, and may amend,	9647
rules under Chapter 119. of the Revised Code to implement that	9648
division.	9649

Sec. 125.15. All state agencies required to secure any	9650
equipment, materials, supplies, or services from the department of	9651
administrative services shall make acquisition in the manner and	9652
upon forms prescribed by the director of administrative services	9653
and shall reimburse the department for the equipment, materials,	9654
supplies, or services, including a reasonable sum to cover the	9655
department's administrative costs and costs relating to energy	9656
efficiency and conservation programs, whenever reimbursement is	9657
required by the department. The money so paid shall be deposited	9658
in the state treasury to the credit of the general services fund	9659
or, the information technology fund, or the information technology	9660
governance fund, as appropriate. Those funds are hereby created.	9661

Sec. 125.18. (A) There is hereby established the office of	9662
information technology within the department of administrative	9663
services. The office shall be under the supervision of a state	9664
chief information officer to be appointed by the director of	9665
administrative services and subject to removal at the pleasure of	9666
the director. The chief information officer is an assistant	9667
director of administrative services.	9668

(B) Under the direction of the director of administrative	9669
services, the state chief information officer shall lead, oversee,	9670
and direct state agency activities related to information	9671
technology development and use. In that regard, the state chief	9672
information officer shall do all of the following:	9673

(1) Coordinate and superintend statewide efforts to promote	9674
common use and development of technology by state agencies. The	9675
office of information technology shall establish policies and	9676
standards that govern and direct state agency participation in	9677
statewide programs and initiatives.	9678

(2) Establish policies and standards for the acquisition and	9679
use of common information technology by state agencies, including,	9680
but not limited to, hardware, software, technology services, and	9681
security, and the extension of the service life of information	9682
technology systems, with which state agencies shall comply;	9683

(3) Establish criteria and review processes to identify state	9684
agency information technology projects or purchases that require	9685
alignment or oversight. As appropriate, the department of	9686
administrative services shall provide the governor and the	9687
director of budget and management with notice and advice regarding	9688
the appropriate allocation of resources for those projects. The	9689
state chief information officer may require state agencies to	9690
provide, and may prescribe the form and manner by which they must	9691
provide, information to fulfill the state chief information	9692
officer's alignment and oversight role;	9693

(4) Establish policies and procedures for the security of	9694
personal information that is maintained and destroyed by state	9695
agencies;	9696

(5) Employ a chief information security officer who is	9697
responsible for the implementation of the policies and procedures	9698
described in division (B)(4) of this section and for coordinating	9699
the implementation of those policies and procedures in all of the	9700
state agencies;	9701

(6) Employ a chief privacy officer who is responsible for	9702
advising state agencies when establishing policies and procedures	9703
for the security of personal information and developing education	9704
and training programs regarding the state's security procedures;	9705

(7) Establish policies on the purchasing, use, and	9706
reimbursement for use of handheld computing and telecommunications	9707
devices by state agency employees;	9708

(8) Establish policies for the reduction of printing and the	9709
use of electronic records by state agencies;	9710

(9) Establish policies for the reduction of energy	9711
consumption by state agencies;	9712

(10) Compute the amount of revenue attributable to the	9713
amortization of all equipment purchases and capitalized systems	9714
from information technology service delivery and major information	9715
technology purchases operating appropriation items and major	9716
computer purchases capital appropriation items that is recovered	9717
as part of the information technology services rates the	9718
department of administrative services charges and deposits into	9719
the information technology fund created in section 125.15 of the	9720
Revised Code.	9721

(C)(1) The chief information security officer shall assist	9722
each state agency with the development of an information	9723
technology security strategic plan and review that plan, and each	9724
state agency shall submit that plan to the state chief information	9725
officer. The chief information security officer may require that	9726
each state agency update its information technology security	9727
strategic plan annually as determined by the state chief	9728
information officer.	9729

(2) Prior to the implementation of any information technology	9730
data system, a state agency shall prepare or have prepared a	9731
privacy impact statement for that system.	9732

(D) When a state agency requests a purchase of information	9733
technology supplies or services under Chapter 125. of the Revised	9734
Code, the state chief information officer may review and reject	9735
the requested purchase for noncompliance with information	9736
technology direction, plans, policies, standards, or	9737
project-alignment criteria.	9738

(E) The office of information technology may operate	9739
technology services for state agencies in accordance with this	9740
chapter.	9741

(F) With the approval of the director of administrative	9742
services, the office of information technology may establish	9743
cooperative agreements with federal and local government agencies	9744
and state agencies that are not under the authority of the	9745
governor for the provision of technology services and the	9746
development of technology projects.	9747

(G) The office of information technology may operate a	9748
program to make information technology purchases. The director of	9749
administrative services may recover the cost of operating the	9750
program from all participating government entities by issuing	9751
intrastate transfer voucher billings for the procured technology	9752
or through any pass-through billing method agreed to by the	9753
director of administrative services, the director of budget and	9754
management, and the participating government entities that will	9755
receive the procured technology.	9756

If the director of administrative services chooses to recover	9757
the program costs through intrastate transfer voucher billings,	9758
the participating government entities shall process the intrastate	9759
transfer vouchers to pay for the cost. Amounts received under this	9760
section for the information technology purchase program shall be	9761
deposited to the credit of the information technology governance	9762
fund created in section 125.15 of the Revised Code.	9763

(H) Upon request from the director of administrative	9764
services, the director of budget and management may transfer cash	9765
from the information technology fund created in section 125.15 of	9766
the Revised Code to the major information technology purchases	9767
fund in an amount not to exceed the amount computed under division	9768
(B)(10) of this section. The major information technology	9769
purchases fund is hereby created in the state treasury.	9770

(I) As used in this section:

9771

(1) "Personal information" has the same meaning as in section	9772
149.45 of the Revised Code.	9773

(2) "State agency" means every organized body, office, or	9774
agency established by the laws of the state for the exercise of	9775
any function of state government, other than any state-supported	9776
institution of higher education, the office of the auditor of	9777
state, treasurer of state, secretary of state, or attorney	9778
general, the adjutant general's department, the bureau of workers'	9779
compensation, the industrial commission, the public employees	9780
retirement system, the Ohio police and fire pension fund, the	9781
state teachers retirement system, the school employees retirement	9782
system, the state highway patrol retirement system, the general	9783
assembly or any legislative agency, the capitol square review	9784
advisory board, or the courts or any judicial agency.	9785

Sec. 125.182. The office of information technology, by itself	9786
or by contract with another entity, shall establish, operate, and	9787
maintain a state public notice web site. In establishing,	9788
maintaining, and operating the state public notice web site, the	9789
office of information technology shall:	9790

(A) Use a domain name for the web site that will be easily	9791
recognizable and remembered by and understandable to users of the	9792
web site;	9793

(B) Maintain the web site so that it is fully accessible to	9794
and searchable by members of the public at all times;	9795

(C) Not charge a fee to a person who accesses, searches, or	9796
otherwise uses the web site;	9797

(D) Not charge a fee to a state agency or political	9798
subdivision for publishing a notice on the web site;	9799

(E) Ensure that notices displayed on the web site conform to	9800
the requirements that would apply to the notices if they were	9801
being published in a newspaper, as directed in section 7.16 of the	9802
Revised Code or in the relevant provision of the statute or rule	9803
that requires the notice;	9804

(F) Ensure that notices continue to be displayed on the web	9805
site for not less than the length of time required by the relevant	9806
provision of the statute or rule that requires the notice;	9807

(G) Devise and display on the web site a form that may be	9808
downloaded and used to request publication of a notice on the web	9809
site;	9810

(H) Enable responsible parties to submit notices and requests	9811
for their publication;	9812

(I) Maintain an archive of notices that no longer are	9813
displayed on the web site;	9814

(J) Enable notices, both those currently displayed and those	9815
archived, to be accessed by key word, by party name, by case	9816
number, by county, and by other useful identifiers;	9817

(K) Maintain adequate systemic security and backup features,	9818
and develop and maintain a contingency plan for coping with and	9819
recovering from power outages, systemic failures, and other	9820
unforeseeable difficulties;	9821

(L) Maintain the web site in such a manner that it will not	9822
infringe legally protected interests, so that vulnerability of the	9823
web site to interruption because of litigation or the threat of	9824
litigation is reduced; and	9825

(M) Submit a status report to the secretary of state twice	9826
annually that demonstrates compliance with statutory requirements	9827
governing publication of notices.	9828

The office of information technology shall bear the expense	9829
of maintaining the state public notice web site domain name.	9830

Sec. 125.213. There is hereby created the state employee	9831
child support fund. The fund shall be in the custody of the	9832
treasurer of state, but shall not be part of the state treasury.	9833
The fund shall consist of all money withheld or deducted from	9834
salaries and wages of state officials and employees pursuant to a	9835
withholding or deduction notice described in section 3121.03 of	9836
the Revised Code for forwarding to the office of child support in	9837
the department of job and family services pursuant to section	9838
3121.19 of the Revised Code. All money in the fund, including	9839
investment earnings thereon, shall be used only for the following	9840
purposes:	9841

(A) Forwarding to the office of child support money withheld	9842
or deducted from salaries and wages of state officials and	9843
employees pursuant to a withholding or deduction notice described	9844
in section 3121.03 of the Revised Code;	9845

(B) Paying any direct or indirect costs associated with	9846
maintaining the fund.	9847

Sec. 125.28. (A)(1) Each state agency that is supported in	9848
whole or in part by nongeneral revenue fund money and that	9849
occupies space in the James A. Rhodes or Frank J. Lausche state	9850
office tower, Toledo government center, Senator Oliver R. Ocasek	9851
government office building, Vern Riffe center for government and	9852
the arts, ~~state of Ohio computer center,~~ capitol square, or	9853
governor's mansion shall reimburse the general revenue fund for	9854
the cost of occupying the space in the ratio that the occupied	9855
space in each facility attributable to the nongeneral revenue fund	9856
money bears to the total space occupied by the state agency in the	9857
facility.	9858

(2) All agencies that occupy space in the old blind school or	9859
that occupy warehouse space in the general services facility shall	9860
reimburse the department of administrative services for the cost	9861
of occupying the space. The director of administrative services	9862
shall determine the amount of debt service, if any, to be charged	9863
to building tenants and shall collect reimbursements for it.	9864

(3) Each agency that is supported in whole or in part by	9865
nongeneral revenue fund money and that occupies space in any other	9866
facility or facilities owned and maintained by the department of	9867
administrative services or space in the general services facility	9868
other than warehouse space shall reimburse the department for the	9869
cost of occupying the space, including debt service, if any, in	9870
the ratio that the occupied space in each facility attributable to	9871
the nongeneral revenue fund money bears to the total space	9872
occupied by the state agency in the facility.	9873

(B) The director of administrative services may provide	9874
building maintenance services and skilled trades services to any	9875
state agency occupying space in a facility that is not owned by	9876
the department of administrative services and may collect	9877
reimbursements for the cost of providing those services.	9878

(C) All money collected by the department of administrative	9879
services for operating expenses of facilities owned or maintained	9880
by the department shall be deposited into the state treasury to	9881
the credit of the building management fund, which is hereby	9882
created. All money collected by the department for skilled trades	9883
services shall be deposited into the state treasury to the credit	9884
of the skilled trades fund, which is hereby created. All money	9885
collected for debt service shall be deposited into the general	9886
revenue fund.	9887

(D) The director of administrative services shall determine	9888
the reimbursable cost of space in state-owned or state-leased	9889
facilities and shall collect reimbursements for that cost.	9890

Sec. 125.89. Subject to the approval of the governor, the	9891
department of administrative services may enter into contracts,	9892
compacts, and cooperative agreements for and on behalf of the	9893
state of Ohio with the several states or the federal government,	9894
singularly or severally, in order to provide, with or without	9895
reimbursement, for the utilization by and exchange between them,	9896
singularly or severally, of property, facilities, personnel, and	9897
services of each by the other, and, for the same purpose, to enter	9898
into contracts and cooperative agreements with eligible public or	9899
private state or local authorities, institutions, organizations,	9900
or activities. ~~The department shall make, annually, a report of~~	9901
~~its actions under sections 125.84 to 125.90 of the Revised Code,~~	9902
~~in accordance with section 149.01 of the Revised Code, and file~~	9903
~~such report with the general assembly.~~	9904

Sec. 126.11. (A)(1) The director of budget and management	9905
shall, upon consultation with the treasurer of state, coordinate	9906
and approve the scheduling of initial sales of publicly offered	9907
securities of the state and of publicly offered fractionalized	9908
interests in or securitized issues of public obligations of the	9909
state. The director shall from time to time develop and distribute	9910
to state issuers an approved sale schedule for each of the	9911
obligations covered by division (A) or (B) of this section.	9912
Division (A) of this section applies only to those obligations on	9913
which the state or a state agency is the direct obligor or obligor	9914
on any backup security or related credit enhancement facility or	9915
source of money subject to state appropriations that is intended	9916
for payment of those obligations.	9917

(2) The issuers of obligations pursuant to section 151.03,	9918
151.04, 151.05, 151.07, 151.08, or 151.09 or Chapter 152. or 5537.	9919
of the Revised Code shall submit to the director:	9920

(a) For review and approval: the projected sale date, amount,	9921
and type of obligations proposed to be sold; their purpose,	9922
security, and source of payment; the proposed structure and	9923
maturity schedule; the trust agreement and any supplemental	9924
agreements; and any credit enhancement facilities or interest rate	9925
hedges for the obligations;	9926

(b) For review and comment: the authorizing order or	9927
resolution; preliminary and final offering documents; method of	9928
sale; preliminary and final pricing information; and any written	9929
reports or recommendations of financial advisors or consultants	9930
relating to those obligations;	9931

(c) Promptly after each sale of those obligations: final	9932
terms, including sale price, maturity schedule and yields, and	9933
sources and uses; names of the original purchasers or	9934
underwriters; a copy of the final offering document and of the	9935
transcript of proceedings; and any other pertinent information	9936
requested by the director.	9937

(3) The issuer of obligations pursuant to section 151.06 or	9938
151.40 or Chapter 154. of the Revised Code shall submit to the	9939
director:	9940

(a) For review and mutual agreement: the projected sale date,	9941
amount, and type of obligations proposed to be sold; their	9942
purpose, security, and source of payment; the proposed structure	9943
and maturity schedule; the trust agreement and any supplemental	9944
agreements; and any credit enhancement facilities or interest rate	9945
hedges for the obligations;	9946

(b) For review and comment: the authorizing order or	9947
resolution; preliminary and final offering documents; method of	9948
sale; preliminary and final pricing information; and any written	9949
reports or recommendations of financial advisors or consultants	9950
relating to those obligations;	9951

(c) Promptly after each sale of those obligations: final	9952
terms, including sale price, maturity schedule and yields, and	9953
sources and uses; names of the original purchasers or	9954
underwriters; a copy of the final offering document and of the	9955
transcript of proceedings; and any other pertinent information	9956
requested by the director.	9957

(4) The issuers of obligations pursuant to Chapter 166.,	9958
4981., 5540., or 6121., or section 5531.10, of the Revised Code	9959
shall submit to the director:	9960

(a) For review and comment: the projected sale date, amount,	9961
and type of obligations proposed to be sold; the purpose,	9962
security, and source of payment; and preliminary and final	9963
offering documents;	9964

(b) Promptly after each sale of those obligations: final	9965
terms, including a maturity schedule; names of the original	9966
purchasers or underwriters; a copy of the complete continuing	9967
disclosure agreement pursuant to S.E.C. rule 15c2-12 or equivalent	9968
rule as from time to time in effect; and any other pertinent	9969
information requested by the director.	9970

(5) Not later than thirty days after the end of a fiscal	9971
year, each issuer of obligations subject to divisions (A) and (B)	9972
of this section shall submit to the director and to the treasurer	9973
of state a sale plan for the then current fiscal year for each	9974
type of obligation, projecting the amount and term of each	9975
issuance, the method of sale, and the month of sale.	9976

(B) Issuers of obligations pursuant to section 3318.085 or	9977
Chapter 175., 3366., 3706., 3737., 6121., or 6123. of the Revised	9978
Code shall submit to the director copies of the preliminary and	9979
final offering documents upon their availability if not previously	9980
submitted pursuant to division (A) of this section.	9981

(C) Not later than the first day of January of each year,	9982
every state agency obligated to make payments on outstanding	9983
public obligations with respect to which fractionalized interests	9984
have been publicly issued, such as certificates of participation,	9985
shall submit a report to the director of the amounts payable from	9986
state appropriations under those public obligations during the	9987
then current and next two fiscal years, identifying the	9988
appropriation or intended appropriation from which payment is	9989
expected to be made.	9990

(D)(1) Information relating generally to the historic,	9991
current, or future demographics or economy or financial condition	9992
or funds or general operations of the state, and descriptions of	9993
any state contractual obligations relating to public obligations,	9994
to be contained in any offering document, continuing disclosure	9995
document, or written presentation prepared, approved, or provided,	9996
or committed to be provided, by an issuer in connection with the	9997
original issuance and sale of, or rating, remarketing, or credit	9998
enhancement facilities relating to, public obligations referred to	9999
in division (A) of this section shall be approved as to format and	10000
accuracy by the director before being presented, published, or	10001
disseminated in preliminary, draft, or final form, or publicly	10002
filed in paper, electronic, or other format.	10003

(2) Except for information described in division (D)(1) of	10004
this section that is to be contained in an offering document,	10005
continuing disclosure document, or written presentation, division	10006
(D)(1) of this section does not inhibit direct communication	10007
between an issuer and a rating agency, remarketing agent, or	10008
credit enhancement provider concerning an issuance of public	10009
obligations referred to in division (A) of this section or matters	10010
associated with that issuance.	10011

(3) The materials approved and provided pursuant to division	10012
(D) of this section are the information relating to the particular	10013
subjects provided by the state or state agencies that are required	10014
or contemplated by any applicable state or federal securities laws	10015
and any commitments by the state or state agencies made under	10016
those laws. Reliance for the purpose should not be placed on any	10017
other information publicly provided, in any format including	10018
electronic, by any state agency for other purposes, including	10019
general information provided to the public or to portions of the	10020
public. A statement to that effect shall be included in those	10021
materials so approved or provided.	10022

(E) Issuers of obligations referred to in division (A) of	10023
this section may take steps, by formal agreement, covenants in the	10024
proceedings, or otherwise, as may be necessary or appropriate to	10025
comply or permit compliance with applicable lawful disclosure	10026
requirements relating to those obligations, and may, subject to	10027
division (D) of this section, provide, make available, or file	10028
copies of any required disclosure materials as necessary or	10029
appropriate. Any such formal agreement or covenant relating to	10030
subjects referred to in division (D) of this section, and any	10031
description of that agreement or covenant to be contained in any	10032
offering document, shall be approved by the director before being	10033
entered into or published or publicly disseminated in preliminary,	10034
draft, or final form or publicly filed in paper, electronic, or	10035
other format. The director shall be responsible for making all	10036
filings in compliance with those requirements relating to direct	10037
obligations of the state, including fractionalized interests in	10038
those obligations.	10039

(F) No state agency or official shall, without the approval	10040
of the director of budget and management and either the general	10041
assembly or the state controlling board, do either of the	10042
following:	10043

(1) Enter into or commit to enter into a public obligation	10044
under which fractionalized interests in the payments are to be	10045
publicly offered, which payments are anticipated to be made from	10046
money from any source appropriated or to be appropriated by the	10047
general assembly or in which the provision stated in section 9.94	10048
of the Revised Code is not included;	10049

(2) Except as otherwise expressly authorized for the purpose	10050
by law, agree or commit to provide, from money from any source to	10051
be appropriated in the future by the general assembly, financial	10052
assistance to or participation in the costs of capital facilities,	10053
or the payment of debt charges, directly or by way of a credit	10054
enhancement facility, a reserve, rental payments, or otherwise, on	10055
obligations issued to pay costs of capital facilities.	10056

(G) As used in this section, "interest rate hedge" has the	10057
same meaning as in section 9.98 of the Revised Code; "credit	10058
enhancement facilities," "debt charges," "fractionalized interests	10059
in public obligations," "obligor," "public issuer," and	10060
"securities" have the same meanings as in section 133.01 of the	10061
Revised Code; "public obligation" has the same meaning as in	10062
division (GG)(2) of section 133.01 of the Revised Code;	10063
"obligations" means securities or public obligations or	10064
fractionalized interests in them; "issuers" means issuers of	10065
securities or state obligors on public obligations; "offering	10066
document" means an official statement, offering circular, private	10067
placement memorandum, or prospectus, or similar document; and	10068
"director" means the director of budget and management or the	10069
employee of the office of budget and management designated by the	10070
director for the purpose.	10071

Sec. 126.12. (A)(1) The office of budget and management	10072
shall prepare and administer a statewide indirect cost allocation	10073
plan that provides for the recovery of statewide indirect costs	10074
from any fund of the state. The director of budget and management	10075
may make transfers of statewide indirect costs from the	10076
appropriate fund of the state to the general revenue fund on an	10077
intrastate transfer voucher. The director, for reasons of sound	10078
financial management, also may waive the recovery of statewide	10079
indirect costs. Prior to making a transfer in accordance with this	10080
division, the director shall notify the affected agency of the	10081
amounts to be transferred.	10082

(2) To support development and upgrade costs to the state's	10083
enterprise resource planning system, the director also may make	10084
transfers of statewide indirect costs attributable to debt service	10085
paid for the system to the OAKS support organization fund created	10086
in section 126.24 of the Revised Code. Transfers may be made from	10087
either of the following:	10088

(a) The appropriate fund of the state;

10089

(b) The general revenue fund, if the statewide indirect costs	10090
have been collected under division (A)(1) of this section and	10091
deposited in the general revenue fund.	10092

(B) As used in this section, "statewide indirect costs" means	10093
operating costs incurred by an agency in providing services to any	10094
other agency, for which there was no billing to such other agency	10095
for the services provided, and for which disbursements have been	10096
made from the general revenue fund or other funds.	10097

(C) Notwithstanding any provision of law to the contrary, in	10098
order to reduce the payment of adjustments to the federal	10099
government as determined under the plan prepared under division	10100
(A)(1) of this section, the director of budget and management	10101
shall, on or before the first day of September each fiscal year,	10102
designate such funds of the state as the director considers	10103
necessary to retain their own interest earnings.	10104

Sec. 126.141. Any request for release of capital	10105
appropriations by the director of budget and management or the	10106
controlling board for facilities projects shall contain a	10107
contingency reserve, the amount of which shall be determined by	10108
the public authority, for payment of unanticipated project	10109
expenses. Any amount deducted from the encumbrance for a	10110
contractor's contract as an assessment for liquidated damages	10111
shall be added to the encumbrance for the contingency reserve.	10112
Contingency reserve funds shall be used to pay costs resulting	10113
from unanticipated job conditions, to comply with rulings	10114
regarding building and other codes, to pay costs related to	10115
errors, omissions, or other deficiencies in contract documents, to	10116
pay costs associated with changes in the scope of work, to pay	10117
interest due on late payments, and to pay the costs of settlements	10118
and judgments related to the project.	10119

Any funds remaining upon completion of a project may, upon	10120
approval of the controlling board, be released for the use of the	10121
agency or instrumentality to which the appropriation was made for	10122
other capital facilities projects.	10123

Sec. 126.21. (A) The director of budget and management shall	10124
do all of the following:	10125

(1) Keep all necessary accounting records;

10126

(2) Prescribe and maintain the accounting system of the state	10127
and establish appropriate accounting procedures and charts of	10128
accounts;	10129

(3) Establish procedures for the use of written, electronic,	10130
optical, or other communications media for approving and reviewing	10131
payment vouchers;	10132

(4) Reconcile, in the case of any variation between the	10133
amount of any appropriation and the aggregate amount of items of	10134
the appropriation, with the advice and assistance of the state	10135
agency affected by it and the legislative service commission,	10136
totals so as to correspond in the aggregate with the total	10137
appropriation. In the case of a conflict between the item and the	10138
total of which it is a part, the item shall be considered the	10139
intended appropriation.	10140

(5) Evaluate on an ongoing basis and, if necessary, recommend	10141
improvements to the internal controls used in state agencies;	10142

(6) Authorize the establishment of petty cash accounts. The	10143
director may withdraw approval for any petty cash account and	10144
require the officer in charge to return to the state treasury any	10145
unexpended balance shown by the officer's accounts to be on hand.	10146
Any officer who is issued a warrant for petty cash shall render a	10147
detailed account of the expenditures of the petty cash and shall	10148
report when requested the balance of petty cash on hand at any	10149
time.	10150

(7) Process orders, invoices, vouchers, claims, and payrolls	10151
and prepare financial reports and statements;	10152

(8) Perform extensions, reviews, and compliance checks prior	10153
to or after approving a payment as the director considers	10154
necessary;	10155

(9) Issue the official comprehensive annual financial report	10156
of the state. The report shall cover all funds of the state	10157
reporting entity and shall include basic financial statements and	10158
required supplementary information prepared in accordance with	10159
generally accepted accounting principles and other information as	10160
the director provides. All state agencies, authorities,	10161
institutions, offices, retirement systems, and other component	10162
units of the state reporting entity as determined by the director	10163
shall furnish the director whatever financial statements and other	10164
information the director requests for the report, in the form, at	10165
the times, covering the periods, and with the attestation the	10166
director prescribes. The information for state institutions of	10167
higher education, as defined in section 3345.011 of the Revised	10168
Code, shall be submitted to the chancellor by the Ohio board of	10169
regents. The board shall establish a due date by which each such	10170
institution shall submit the information to the board, but no such	10171
date shall be later than one hundred twenty days after the end of	10172
the state fiscal year unless a later date is approved by the	10173
director.	10174

(B) In addition to the director's duties under division (A)	10175
of this section, the director may establish and administer one or	10176
more state payment card programs that permit or require state	10177
agencies to use a payment card to purchase equipment, materials,	10178
supplies, or services in accordance with guidelines issued by the	10179
director. The chief administrative officer of a state agency that	10180
uses a payment card for such purposes shall ensure that purchases	10181
made with the card are made in accordance with the guidelines	10182
issued by the director and do not exceed the unexpended,	10183
unencumbered, unobligated balance in the appropriation to be	10184
charged for the purchase. State agencies may participate in only	10185
those state payment card programs that the director establishes	10186
pursuant to this section.	10187

(C) In addition to the director's duties under divisions (A)	10188
and (B) of this section, the director may enter into any contract	10189
or agreement necessary for and incidental to the performance of	10190
the director's duties or the duties of the office of budget and	10191
management.	10192

(D) In consultation with the director of administrative	10193
services, the director may appoint and fix the compensation of	10194
employees of the office of budget and management whose primary	10195
duties include the consolidation of statewide financing functions	10196
and common transactional processes.	10197

(E) The director may transfer cash between funds other than	10198
the general revenue fund in order to correct an erroneous payment	10199
or deposit regardless of the fiscal year during which the	10200
erroneous payment or deposit occurred.	10201

Sec. 126.24. The OAKS support organization fund is hereby	10202
created in the state treasury for the purpose of paying the	10203
operating, development, and upgrade expenses of the state's	10204
enterprise resource planning system. The fund shall consist of	10205
~~cash~~ transfers ~~from the accounting and budgeting fund and the~~	10206
~~human resources services fund, and other~~received pursuant to	10207
division (A)(2) of section 126.12 of the Revised Code and agency	10208
payroll charge revenues that are designated to support the	10209
operating, development, and upgrade costs of the Ohio	10210
administrative knowledge system. All investment earnings of the	10211
fund shall be credited to the fund.	10212

Sec. 126.45. (A) As used in sections 126.45 to 126.48 of the	10213
Revised Code, "state agency" means the administrative departments	10214
listed in section 121.02 of the Revised Code, the department of	10215
taxation, ~~and~~ the bureau of workers' compensation, and the Ohio	10216
board of regents.	10217

(B) The office of internal auditing is hereby created in the	10218
office of budget and management to conduct internal audits of	10219
state agencies or divisions of state agencies to improve their	10220
operations in the areas of risk management, internal controls, and	10221
governance. The director of budget and management, with the	10222
approval of the governor, shall appoint for the office of internal	10223
auditing a chief internal auditor who meets the qualifications	10224
specified in division (C) of this section. The chief internal	10225
auditor shall serve at the director's pleasure and be responsible	10226
for the administration of the office of internal auditing	10227
consistent with sections 126.45 to 126.48 of the Revised Code.	10228

The office of internal auditing shall conduct programs for	10229
the internal auditing of state agencies. The programs shall	10230
include an annual internal audit plan, reviewed by the state audit	10231
committee, that utilizes risk assessment techniques and identifies	10232
the specific audits to be conducted during the year. The programs	10233
also shall include periodic audits of each state agency's major	10234
systems and controls, including those systems and controls	10235
pertaining to accounting, administration, and electronic data	10236
processing. Upon the request of the office of internal auditing,	10237
each state agency shall provide office employees access to all	10238
records and documents necessary for the performance of an internal	10239
audit.	10240

The director of budget and management shall assess a charge	10241
against each state agency for which the office of internal	10242
auditing conducts internal auditing programs under sections 126.45	10243
to 126.48 of the Revised Code so that the total amount of these	10244
charges is sufficient to cover the costs of the operation of the	10245
office of internal auditing.	10246

(C) The chief internal auditor of the office of internal	10247
auditing shall hold at least a bachelor's degree and be one of the	10248
following:	10249

(1) A certified internal auditor, a certified government	10250
auditing professional, or a certified public accountant, who also	10251
has held a PA registration or a CPA certificate authorized by	10252
Chapter 4701. of the Revised Code for at least four years and has	10253
at least six years of auditing experience;	10254

(2) An auditor who has held a PA registration or a CPA	10255
certificate authorized by Chapter 4701. of the Revised Code for at	10256
least four years and has at least ten years of auditing	10257
experience.	10258

(D) The chief internal auditor, subject to the direction and	10259
control of the director of budget and management, may appoint and	10260
maintain any staff necessary to carry out the duties assigned by	10261
sections 126.45 to 126.48 of the Revised Code to the office of	10262
internal auditing or to the chief internal auditor.	10263

Sec. 126.46. (A)(1) There is hereby created the state audit	10264
committee, consisting of the following five members: one public	10265
member appointed by the governor; two public members appointed by	10266
the speaker of the house of representatives, one of which may be a	10267
person who is recommended by the minority leader of the house of	10268
representatives; and two public members appointed by the president	10269
of the senate, one of which may be a person who is recommended by	10270
the minority leader of the senate. Not more than two of the four	10271
members appointed by the speaker of the house of representatives	10272
and the president of the senate shall belong to or be affiliated	10273
with the same political party. The member appointed by the	10274
governor shall ~~be a person who is external to the management~~	10275
~~structure associated with the preparation of financial statements~~	10276
~~of state government and shall~~ have the program and management	10277
expertise required to perform the duties of the committee's	10278
chairperson.	10279

Each member of the committee shall be external to the	10280
management structure of state government and shall serve a	10281
three-year term~~, except for the initial members. With respect to~~	10282
~~the initial appointments of the members, the first member~~	10283
~~appointed by the speaker of the house of representatives shall~~	10284
~~serve a one-year term, the second member appointed by the speaker~~	10285
~~of the house of representatives shall serve a three-year term, the~~	10286
~~initial members appointed by the president of the senate shall~~	10287
~~serve two-year terms, and the initial member appointed by the~~	10288
~~governor shall serve a three-year term~~. Each term shall commence	10289
on the first day of July and end on the thirtieth day of June. Any	10290
member may continue in office subsequent to the expiration date of	10291
the member's term until the member's successor takes office or	10292
until a period of ninety days has elapsed, whichever occurs first.	10293
Members may be reappointed to serve one additional term.	10294

On the effective date of the amendment of this section by	10295
H.B. 153 of the 129th general assembly, the terms of the members	10296
shall be altered as follows:	10297

(a) The terms of the members appointed by the president shall	10298
expire on June 30, 2012.	10299

(b) The term of the member appointed by the speaker scheduled	10300
to expire on November 17, 2012, shall expire on June 30, 2013.	10301

(c) The term of the other member appointed by the speaker	10302
shall expire on June 30, 2014.	10303

(d) The term of the member appointed by the governor shall	10304
expire on June 30, 2014.	10305

The committee shall include one member who is a financial	10306
expert; one member who is an active, inactive, or retired	10307
certified public accountant; one member who is familiar with	10308
governmental financial accounting; and one member who is a	10309
representative of the public.	10310

Any vacancy on the committee shall be filled in the same	10311
manner as provided in this division, and, when applicable, the	10312
person appointed to fill a vacancy shall serve the remainder of	10313
the predecessor's term.	10314

(2) Members of the committee shall receive reimbursement for	10315
actual and necessary expenses incurred in the discharge of their	10316
duties.	10317

(3) The member of the committee appointed by the governor	10318
shall serve as the committee's chairperson.	10319

(4) ~~Initial appointments of committee members shall be made~~	10320
~~not later than thirty days after the effective date of this~~	10321
~~section.~~	10322

~~(5)~~ Members of the committee shall be subject to the	10323
disclosure statement requirements of section 102.02 of the Revised	10324
Code.	10325

(B) The state audit committee shall do all of the following:

10326

(1) Ensure that the internal audits conducted by the office	10327
of internal auditing in the office of budget and management	10328
conform to the institute of internal auditors' international	10329
standards for the professional practice of internal auditing and	10330
to the institute of internal auditors' code of ethics;	10331

(2) Review and comment on the process used by the office of	10332
budget and management to prepare its annual budgetary financial	10333
report and the state's comprehensive annual financial report	10334
required under division (A)(9) of section 126.21 of the Revised	10335
Code;	10336

(3) Review and comment on unaudited financial statements	10337
submitted to the auditor of state and communicate with external	10338
auditors as required by government auditing standards;	10339

(4) Perform the additional functions imposed upon it by	10340
section 126.47 of the Revised Code.	10341

(C) As used in this section, "financial expert" means a	10342
person who has all of the following:	10343

(1) An understanding of generally accepted accounting	10344
principles and financial statements;	10345

(2) The ability to assess the general application of those	10346
principles in connection with accounting for estimates, accruals,	10347
and reserves;	10348

(3) Experience preparing, auditing, analyzing, or evaluating	10349
financial statements presenting accounting issues that generally	10350
are of comparable breadth and level of complexity to those likely	10351
to be presented by a state agency's financial statements, or	10352
experience actively supervising one or more persons engaged in	10353
those activities;	10354

(4) An understanding of internal controls and procedures for	10355
financial reporting; and	10356

(5) An understanding of audit committee functions.

10357

Sec. 126.50. As used in sections ~~126.50, 126.501, 126.502,~~	10358
126.503, 126.504, 126.505, and 126.506~~, and 126.507~~ of the Revised	10359
Code:	10360

~~(A) "Critical services" means a service provided by the state~~	10361
~~the deferral or cancellation of which would cause at least one of~~	10362
~~the following:~~	10363

~~(1) An immediate risk to the health, safety, or welfare of~~	10364
~~the citizens of the state;~~	10365

~~(2) A undermining of activity aimed at creating or retaining~~	10366
~~jobs in the state;~~	10367

~~(3) An interference with the receipt of revenue to the state~~	10368
~~or the realization of savings to the state.~~	10369

~~"Critical services" does not mean a deferral or cancellation~~	10370
~~of a service provided by the state that would result in~~	10371
~~inconvenience, sustainable delay, or other similar compromise to~~	10372
~~the normal provision of state-provided services.~~	10373

~~(B)~~, "~~State~~state agency" has the same meaning as in section	10374
1.60 of the Revised Code, but does not include the elected state	10375
officers, the general assembly or any legislative agency, a court	10376
or any judicial agency, or a state institution of higher	10377
education.	10378

Sec. 126.60. As used in sections 126.60 to 126.605 of the	10379
Revised Code:	10380

(A) "Contract" means any purchase and sale agreement, lease,	10381
service agreement, franchise agreement, concession agreement, or	10382
other written agreement entered into under sections 126.60 to	10383
126.605 of the Revised Code with respect to the provision of	10384
highway services and any project related thereto.	10385

(B) "Highway services" means the operation or maintenance of	10386
any highway in this state, the construction of which was funded by	10387
proceeds from state revenue bonds that are to be repaid primarily	10388
from revenues derived from the operation of the highway and any	10389
related facilities and not primarily from the tax that is subject	10390
to the limitations of Article XII, Section 5a of the Ohio	10391
Constitution.	10392

(C) "Improvement" means any construction, reconstruction,	10393
rehabilitation, renovation, installation, improvement,	10394
enlargement, or extension of property or improvements to property.	10395

(D) "Private sector entity" means any corporation, whether	10396
for profit or not for profit, limited liability company,	10397
partnership, limited liability partnership, sole proprietorship,	10398
business trust, joint venture or other entity, but shall not mean	10399
the state, a political subdivision of the state, or a public or	10400
governmental entity, agency, or instrumentality of the state.	10401

(E) "Project" means real or personal property, or both, and	10402
improvements thereto or in support thereof, including undivided	10403
and other interests therein, used for or in the provision of	10404
highway services.	10405

(F) "Proposer" means a private sector entity, local or	10406
regional public entity or agency, or any group or combination	10407
thereof, in collaboration or cooperation with other private sector	10408
entities, local or regional public entities, submitting	10409
qualifications or a proposal for providing highway services.	10410

Sec. 126.601. Notwithstanding any provision of the Revised	10411
Code to the contrary, the director of budget and management and	10412
the director of transportation may, in accordance with sections	10413
126.60 to 126.605 of the Revised Code, take any action and execute	10414
any contract for the provision of highway services in order to	10415
more efficiently and effectively provide those services, including	10416
by generating additional resources in support of those services	10417
and related projects. Any such contract may contain the terms and	10418
conditions established by the director of budget and management	10419
and the director of transportation to carry out and effect the	10420
purposes of sections 126.60 to 126.605 of the Revised Code. The	10421
director of budget and management is hereby authorized to receive	10422
and deposit, consistent with section 126.603 of the Revised Code,	10423
any money received under the contract. Any such contract shall be	10424
sufficient to effect its purpose, notwithstanding any provision of	10425
the Revised Code to the contrary, including other laws governing	10426
the sale, lease or other disposition of property or interests	10427
therein, service contracts, or financial transactions by or for	10428
the state. The director of transportation may exercise all powers	10429
of the Ohio turnpike commission for purposes of sections 126.60 to	10430
126.605 of the Revised Code, and may take any action and, with the	10431
director of budget and management, execute any contract necessary	10432
to effect the purposes of sections 126.60 to 126.605 of the	10433
Revised Code, notwithstanding any provision of Chapter 5537. of	10434
the Revised Code to the contrary.	10435

Sec. 126.602. (A)(1) Before releasing any invitation for	10436
qualifications or for proposals, the director of budget and	10437
management shall submit the material terms and conditions of that	10438
invitation to the general assembly, which shall include a draft of	10439
the invitation document. If within ninety days of the receipt of	10440
the director's submission the general assembly acts by concurrent	10441
resolution to approve the invitation, the director of budget and	10442
management may proceed to release the invitation.	10443

(2) Before entering into a contract for the provision of	10444
highway services, the director of budget and management shall	10445
publish notice of its intent to enter into a contract for the	10446
highway services and any related project. The notice shall notify	10447
interested parties of the opportunity to submit their	10448
qualifications or proposals, or both, for consideration and shall	10449
be published at least thirty days prior to the deadline for	10450
submitting those qualifications or proposals. The director also	10451
may advertise the information contained in the notice in	10452
appropriate trade journals and otherwise notify parties believed	10453
to be interested in providing the highway services and in any	10454
related project. The notice shall include a general description of	10455
the highway services to be provided and any related project and of	10456
the qualifications or proposals being sought and instructions for	10457
obtaining the invitation.	10458

(B) After inviting qualifications, the director of budget and	10459
management, in consultation with the department of transportation,	10460
shall evaluate the qualifications submitted and may hold	10461
discussions with proposers to further explore their	10462
qualifications. Following this evaluation, the director, in	10463
consultation with the department, may determine a list of	10464
qualified proposers based on criteria in the invitation and invite	10465
only those proposers to submit a proposal for the provision of the	10466
highway services and any related project.	10467

(C) After inviting proposals, the director of budget and	10468
management, in consultation with the department of transportation,	10469
shall evaluate the proposals submitted and may hold discussions	10470
with proposers to further explore their proposals, the scope and	10471
nature of the highway services they would provide, and the various	10472
technical approaches they may take regarding the highway services	10473
and any related project. Following this evaluation, the director,	10474
in consultation with the department, shall:	10475

(1) Select and rank no fewer than three proposers that the	10476
director considers to be the most qualified to enter into the	10477
contract, except when the director determines that fewer than	10478
three qualified proposers are available, in which case the	10479
director shall select and rank them;	10480

(2) Negotiate a contract with the proposer ranked most	10481
qualified to provide the highway services at a compensation	10482
determined in writing to be fair and reasonable, and to purchase,	10483
lease or otherwise take a legal interest in the project.	10484

(D)(1) Upon failure to negotiate a contract with the proposer	10485
ranked most qualified, the director shall inform the proposer in	10486
writing of the termination of negotiations and may enter into	10487
negotiations with the proposer ranked next most qualified. If	10488
negotiations again fail, the same procedure may be followed with	10489
each next most qualified proposer selected and ranked, in order of	10490
ranking, until a contract is negotiated.	10491

(2) If the director, in consultation with the department,	10492
fails to negotiate a contract with any of the ranked proposers,	10493
the director, in consultation with the department, may terminate	10494
the process or select and rank additional proposers, based on	10495
their qualifications or proposals, and negotiations shall continue	10496
as with the proposers selected and ranked initially until a	10497
contract is negotiated.	10498

(E) Any contract entered into under this section may contain	10499
terms, as deemed appropriate by the director, in consultation with	10500
the department, including the duration of the contract, which	10501
shall not exceed seventy-five years, rates or fees for the highway	10502
services to be provided or methods or procedures for the	10503
determination of such rates or fees, standards for the highway	10504
services to be provided, responsibilities and standards for	10505
operation and maintenance of any related project, required	10506
financial assurances, financial and other data reporting	10507
requirements, bases and procedures for termination of the contract	10508
and retaking of possession or title to the project, and events of	10509
default and remedies upon default, including mandamus, a suit in	10510
equity, an action at law, or any combination of those remedial	10511
actions.	10512

(F) Chapter 4117. of the Revised Code shall not apply to any	10513
employees working at or on a project to provide highway services.	10514

(G) The director of budget and management may reject any and	10515
all submissions of qualifications or proposals.	10516

(H) The director may provide compensation for the preparation	10517
of a responsive proposal from unsuccessful bidders for a proposal	10518
to lease the turnpike under sections 126.60 to 126.605 of the	10519
Revised Code. The director may establish policies or procedures	10520
necessary to determine the amount of compensation to be provided	10521
for each project and the method of evaluating the value of the	10522
preliminary proposal submitted, but in no instance may the	10523
compensation exceed the value of such proposal.	10524

Sec. 126.603. All money received by the director of budget	10525
and management under a contract executed pursuant to sections	10526
126.60 to 126.605 of the Revised Code shall be deposited into the	10527
state treasury to the credit of the highway services fund, which	10528
is hereby created. Any interest earned on money in the fund shall	10529
be credited to the fund. Any transfer of money or appropriations	10530
necessary to support highway services is subject to the approval	10531
of the controlling board.	10532

Sec. 126.604. The exercise of the powers granted by sections	10533
126.60 to 126.605 of the Revised Code will be for the benefit of	10534
the people of the state and shall be liberally construed to effect	10535
the purposes thereof. Any project or part thereof owned by the	10536
state and used for performing any highway services pursuant to a	10537
contract entered into under sections 126.60 to 126.605 of the	10538
Revised Code that would be exempt from real property taxes or	10539
assessments in the absence of such contract shall remain exempt	10540
from real property taxes and assessments levied by the state and	10541
its subdivisions to the same extent as if not subject to that	10542
contract. The gross receipts and income of a successful proposer	10543
derived from providing highway services under a contract through a	10544
project owned by the state shall be exempt from gross receipts and	10545
income taxes levied by the state and its subdivisions, including	10546
the tax levied pursuant to Chapter 5751. of the Revised Code. Any	10547
transfer or lease between a successful proposer and the state of a	10548
project or part thereof, or item included or to be included in the	10549
project, shall be exempt from the taxes levied pursuant to	10550
Chapters 5739. and 5741. of the Revised Code if the state is	10551
retaining ownership of the project or part thereof that is being	10552
transferred or leased.	10553

Sec. 126.605. The director of budget and management, in	10554
consultation with the department of transportation, may retain or	10555
contract for the services of commercial appraisers, engineers,	10556
investment bankers, financial advisers, accounting experts, and	10557
other consultants, independent contractors or providers of	10558
professional services as are necessary in the judgment of the	10559
director to carry out the director's powers and duties under	10560
sections 126.60 to 126.605 of the Revised Code, including the	10561
identification of highway services and any related projects to be	10562
subject to invitations for qualifications or proposals under	10563
sections 126.60 to 126.605 of the Revised Code, the development of	10564
those invitations and related evaluation criteria, the evaluation	10565
of those invitations, and negotiation of any contract under	10566
sections 126.60 to 126.605 of the Revised Code.	10567

Sec. 127.14. The controlling board may, at the request of	10568
any state agency or the director of budget and management,	10569
authorize, with respect to the provisions of any appropriation	10570
act:	10571

(A) Transfers of all or part of an appropriation within but	10572
not between state agencies, except such transfers as the director	10573
of budget and management is authorized by law to make, provided	10574
that no transfer shall be made by the director for the purpose of	10575
effecting new or changed levels of program service not authorized	10576
by the general assembly;	10577

(B) Transfers of all or part of an appropriation from one	10578
fiscal year to another;	10579

(C) Transfers of all or part of an appropriation within or	10580
between state agencies made necessary by administrative	10581
reorganization or by the abolition of an agency or part of an	10582
agency;	10583

(D) Transfers of all or part of cash balances in excess of	10584
needs from any fund of the state to the general revenue fund or to	10585
such other fund of the state to which the money would have been	10586
credited in the absence of the fund from which the transfers are	10587
authorized to be made, except that the controlling board may not	10588
authorize such transfers from the accrued leave liability fund,	10589
auto registration distribution fund, budget stabilization fund,	10590
development bond retirement fund, facilities establishment fund,	10591
gasoline excise tax fund, general revenue fund, higher education	10592
improvement fund, highway improvement bond retirement fund,	10593
highway obligations bond retirement fund, highway capital	10594
improvement fund, highway operating fund, horse racing tax fund,	10595
improvements bond retirement fund, public library fund, liquor	10596
control fund, local government fund, local transportation	10597
improvement program fund, mental health facilities improvement	10598
fund, Ohio fairs fund, parks and recreation improvement fund,	10599
public improvements bond retirement fund, school district income	10600
tax fund, state agency facilities improvement fund, state and	10601
local government highway distribution fund, state highway safety	10602
fund, state lottery fund, undivided liquor permit fund, Vietnam	10603
conflict compensation bond retirement fund, volunteer fire	10604
fighters' dependents fund, waterways safety fund, wildlife fund,	10605
workers' compensation fund, ~~workers' compensation council~~	10606
~~remuneration fund,~~ or any fund not specified in this division that	10607
the director of budget and management determines to be a bond fund	10608
or bond retirement fund;	10609

(E) Transfers of all or part of those appropriations included	10610
in the emergency purposes account of the controlling board;	10611

(F) Temporary transfers of all or part of an appropriation or	10612
other moneys into and between existing funds, or new funds, as may	10613
be established by law when needed for capital outlays for which	10614
notes or bonds will be issued;	10615

(G) Transfer or release of all or part of an appropriation to	10616
a state agency requiring controlling board approval of such	10617
transfer or release as provided by law;	10618

(H) Temporary transfer of funds included in the emergency	10619
purposes appropriation of the controlling board. Such temporary	10620
transfers may be made subject to conditions specified by the	10621
controlling board at the time temporary transfers are authorized.	10622
No transfers shall be made under this division for the purpose of	10623
effecting new or changed levels of program service not authorized	10624
by the general assembly.	10625

As used in this section, "request" means an application by a	10626
state agency or the director of budget and management seeking some	10627
action by the controlling board.	10628

When authorizing the transfer of all or part of an	10629
appropriation under this section, the controlling board may	10630
authorize the transfer to an existing appropriation item and the	10631
creation of and transfer to a new appropriation item.	10632

Whenever there is a transfer of all or part of funds included	10633
in the emergency purposes appropriation by the controlling board,	10634
pursuant to division (E) of this section, the state agency or the	10635
director of budget and management receiving such transfer shall	10636
keep a detailed record of the use of the transferred funds. At the	10637
earliest scheduled meeting of the controlling board following the	10638
accomplishment of the purposes specified in the request originally	10639
seeking the transfer, or following the total expenditure of the	10640
transferred funds for the specified purposes, the state agency or	10641
the director of budget and management shall submit a report on the	10642
expenditure of such funds to the board. The portion of any	10643
appropriation so transferred which is not required to accomplish	10644
the purposes designated in the original request to the controlling	10645
board shall be returned to the proper appropriation of the	10646
controlling board at this time.	10647

Notwithstanding any provisions of law providing for the	10648
deposit of revenues received by a state agency to the credit of a	10649
particular fund in the state treasury, whenever there is a	10650
temporary transfer of funds included in the emergency purposes	10651
appropriation of the controlling board pursuant to division (H) of	10652
this section, revenues received by any state agency receiving such	10653
a temporary transfer of funds shall, as directed by the	10654
controlling board, be transferred back to the emergency purposes	10655
appropriation.	10656

The board may delegate to the director of budget and	10657
management authority to approve transfers among items of	10658
appropriation under division (A) of this section.	10659

Sec. 127.16. (A) Upon the request of either a state agency	10660
or the director of budget and management and after the controlling	10661
board determines that an emergency or a sufficient economic reason	10662
exists, the controlling board may approve the making of a purchase	10663
without competitive selection as provided in division (B) of this	10664
section.	10665

(B) Except as otherwise provided in this section, no state	10666
agency, using money that has been appropriated to it directly,	10667
shall:	10668

(1) Make any purchase from a particular supplier, that would	10669
amount to fifty thousand dollars or more when combined with both	10670
the amount of all disbursements to the supplier during the fiscal	10671
year for purchases made by the agency and the amount of all	10672
outstanding encumbrances for purchases made by the agency from the	10673
supplier, unless the purchase is made by competitive selection or	10674
with the approval of the controlling board;	10675

(2) Lease real estate from a particular supplier, if the	10676
lease would amount to seventy-five thousand dollars or more when	10677
combined with both the amount of all disbursements to the supplier	10678
during the fiscal year for real estate leases made by the agency	10679
and the amount of all outstanding encumbrances for real estate	10680
leases made by the agency from the supplier, unless the lease is	10681
made by competitive selection or with the approval of the	10682
controlling board.	10683

(C) Any person who authorizes a purchase in violation of	10684
division (B) of this section shall be liable to the state for any	10685
state funds spent on the purchase, and the attorney general shall	10686
collect the amount from the person.	10687

(D) Nothing in division (B) of this section shall be	10688
construed as:	10689

(1) A limitation upon the authority of the director of	10690
transportation as granted in sections 5501.17, 5517.02, and	10691
5525.14 of the Revised Code;	10692

(2) Applying to medicaid provider agreements under Chapter	10693
5111. of the Revised Code;	10694

(3) Applying to the purchase of examinations from a sole	10695
supplier by a state licensing board under Title XLVII of the	10696
Revised Code;	10697

(4) Applying to entertainment contracts for the Ohio state	10698
fair entered into by the Ohio expositions commission, provided	10699
that the controlling board has given its approval to the	10700
commission to enter into such contracts and has approved a total	10701
budget amount for such contracts as agreed upon by commission	10702
action, and that the commission causes to be kept itemized records	10703
of the amounts of money spent under each contract and annually	10704
files those records with the clerk of the house of representatives	10705
and the clerk of the senate following the close of the fair;	10706

(5) Limiting the authority of the chief of the division of	10707
mineral resources management to contract for reclamation work with	10708
an operator mining adjacent land as provided in section 1513.27 of	10709
the Revised Code;	10710

(6) Applying to investment transactions and procedures of any	10711
state agency, except that the agency shall file with the board the	10712
name of any person with whom the agency contracts to make, broker,	10713
service, or otherwise manage its investments, as well as the	10714
commission, rate, or schedule of charges of such person with	10715
respect to any investment transactions to be undertaken on behalf	10716
of the agency. The filing shall be in a form and at such times as	10717
the board considers appropriate.	10718

(7) Applying to purchases made with money for the per cent	10719
for arts program established by section 3379.10 of the Revised	10720
Code;	10721

(8) Applying to purchases made by the rehabilitation services	10722
commission of services, or supplies, that are provided to persons	10723
with disabilities, or to purchases made by the commission in	10724
connection with the eligibility determinations it makes for	10725
applicants of programs administered by the social security	10726
administration;	10727

(9) Applying to payments by the department of job and family	10728
services under section 5111.13 of the Revised Code for group	10729
health plan premiums, deductibles, coinsurance, and other	10730
cost-sharing expenses;	10731

(10) Applying to any agency of the legislative branch of the	10732
state government;	10733

(11) Applying to agreements or contracts entered into under	10734
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	10735
Revised Code;	10736

(12) Applying to purchases of services by the adult parole	10737
authority under section 2967.14 of the Revised Code or by the	10738
department of youth services under section 5139.08 of the Revised	10739
Code;	10740

(13) Applying to dues or fees paid for membership in an	10741
organization or association;	10742

(14) Applying to purchases of utility services pursuant to	10743
section 9.30 of the Revised Code;	10744

(15) Applying to purchases made in accordance with rules	10745
adopted by the department of administrative services of motor	10746
vehicle, aviation, or watercraft fuel, or emergency repairs of	10747
such vehicles;	10748

(16) Applying to purchases of tickets for passenger air	10749
transportation;	10750

(17) Applying to purchases necessary to provide public	10751
notifications required by law or to provide notifications of job	10752
openings;	10753

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

10754

(19) Applying to purchases of liquor for resale by the	10755
division of liquor control;	10756

(20) Applying to purchases of motor courier and freight	10757
services made in accordance with department of administrative	10758
services rules;	10759

(21) Applying to purchases from the United States postal	10760
service and purchases of stamps and postal meter replenishment	10761
from vendors at rates established by the United States postal	10762
service;	10763

(22) Applying to purchases of books, periodicals, pamphlets,	10764
newspapers, maintenance subscriptions, and other published	10765
materials;	10766

(23) Applying to purchases from other state agencies,	10767
including state-assisted institutions of higher education;	10768

(24) Limiting the authority of the director of environmental	10769
protection to enter into contracts under division (D) of section	10770
3745.14 of the Revised Code to conduct compliance reviews, as	10771
defined in division (A) of that section;	10772

(25) Applying to purchases from a qualified nonprofit agency	10773
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	10774
the Revised Code;	10775

(26) Applying to payments by the department of job and family	10776
services to the United States department of health and human	10777
services for printing and mailing notices pertaining to the tax	10778
refund offset program of the internal revenue service of the	10779
United States department of the treasury;	10780

(27) Applying to contracts entered into by the department of	10781
developmental disabilities under section 5123.18 of the Revised	10782
Code;	10783

(28) Applying to payments made by the department of mental	10784
health under a physician recruitment program authorized by section	10785
5119.101 of the Revised Code;	10786

(29) Applying to contracts entered into with persons by the	10787
director of commerce for unclaimed funds collection and remittance	10788
efforts as provided in division (F) of section 169.03 of the	10789
Revised Code. The director shall keep an itemized accounting of	10790
unclaimed funds collected by those persons and amounts paid to	10791
them for their services.	10792

(30) Applying to purchases made by a state institution of	10793
higher education in accordance with the terms of a contract	10794
between the vendor and an inter-university purchasing group	10795
comprised of purchasing officers of state institutions of higher	10796
education;	10797

(31) Applying to the department of job and family services'	10798
purchases of health assistance services under the children's	10799
health insurance program part I provided for under section 5101.50	10800
of the Revised Code, the children's health insurance program part	10801
II provided for under section 5101.51 of the Revised Code, or the	10802
children's health insurance program part III provided for under	10803
section 5101.52 of the Revised Code~~, or the children's buy-in~~	10804
~~program provided for under sections 5101.5211 to 5101.5216 of the~~	10805
~~Revised Code~~;	10806

(32) Applying to payments by the attorney general from the	10807
reparations fund to hospitals and other emergency medical	10808
facilities for performing medical examinations to collect physical	10809
evidence pursuant to section 2907.28 of the Revised Code;	10810

(33) Applying to contracts with a contracting authority or	10811
administrative receiver under division (B) of section 5126.056 of	10812
the Revised Code;	10813

(34) Applying to purchases of goods and services by the	10814
department of veterans services in accordance with the terms of	10815
contracts entered into by the United States department of veterans	10816
affairs;	10817

(35) Applying to payments by the superintendent of the bureau	10818
of criminal identification and investigation to the federal bureau	10819
of investigation for criminal records checks pursuant to section	10820
109.572 of the Revised Code;	10821

(36) Applying to contracts entered into by the department of	10822
job and family services under section 5111.054 of the Revised	10823
Code.	10824

(E) When determining whether a state agency has reached the	10825
cumulative purchase thresholds established in divisions (B)(1) and	10826
(2) of this section, all of the following purchases by such agency	10827
shall not be considered:	10828

(1) Purchases made through competitive selection or with	10829
controlling board approval;	10830

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

10831

(3) For the purposes of the threshold of division (B)(1) of	10832
this section only, leases of real estate.	10833

(F) As used in this section, "competitive selection,"	10834
"purchase," "supplies," and "services" have the same meanings as	10835
in section 125.01 of the Revised Code.	10836

Sec. 127.162. (A) Upon the request of a state agency or the	10837
director of budget and management, the controlling board may	10838
approve the making of a purchase if the agency seeking to make the	10839
purchase has met both of the following requirements:	10840

(1) The agency has utilized one of the following competitive	10841
selection or evaluation and selection processes:	10842

(a) The requirements for competitive sealed bidding under	10843
section 125.07 of the Revised Code;	10844

(b) The requirements for competitive sealed proposals under	10845
section 125.071 of the Revised Code;	10846

(c) The requirements for reverse auctions under section	10847
125.072 of the Revised Code;	10848

(d) The evaluation and selection requirements for	10849
professional design services under section 153.69 of the Revised	10850
Code;	10851

(e) Agency released competitive opportunity that demonstrates	10852
a competitive process involving a request for proposals, request	10853
for qualifications, or request for information.	10854

(2) The agency has provided in its request to the board a	10855
detailed explanation of the competitive selection or evaluation	10856
and selection process it utilized.	10857

(B) The controlling board, by a majority vote, may disapprove	10858
or defer a request submitted under this section or request that	10859
the agency resubmit the request pursuant to section 127.16 of the	10860
Revised Code if the agency fails to demonstrate it utilized one of	10861
the competitive selection or evaluation and selection requirements	10862
described in division (A)(1) of this section.	10863

(C) Nothing in this section shall be construed to modify the	10864
cumulative purchasing thresholds established in divisions (B) and	10865
(E) of section 127.16 of the Revised Code.	10866

Sec. 127.19. There is hereby created in the state treasury	10867
the controlling board emergency purposes fund, consisting of	10868
transfers from the general revenue fund and any other funds	10869
appropriated by the general assembly. Moneys in the fund may be	10870
used by the controlling board at the request of a state agency or	10871
the director of budget and management for the purpose of providing	10872
disaster and emergency aid to state agencies and political	10873
subdivisions or for other purposes approved by the controlling	10874
board.	10875

Sec. 131.02. (A) Except as otherwise provided in section	10876
4123.37 and division (K) of section 4123.511 of the Revised Code,	10877
whenever any amount is payable to the state, the officer,	10878
employee, or agent responsible for administering the law under	10879
which the amount is payable shall immediately proceed to collect	10880
the amount or cause the amount to be collected and shall pay the	10881
amount into the state treasury or into the appropriate custodial	10882
fund in the manner set forth pursuant to section 113.08 of the	10883
Revised Code. Except as otherwise provided in this division, if	10884
the amount is not paid within forty-five days after payment is	10885
due, the officer, employee, or agent shall certify the amount due	10886
to the attorney general, in the form and manner prescribed by the	10887
attorney general, and notify the director of budget and management	10888
thereof. In the case of an amount payable by a student enrolled in	10889
a state institution of higher education, the amount shall be	10890
certified within the later of forty-five days after the amount is	10891
due or the tenth day after the beginning of the next academic	10892
semester, quarter, or other session following the session for	10893
which the payment is payable. The attorney general may assess the	10894
collection cost to the amount certified in such manner and amount	10895
as prescribed by the attorney general. If an amount payable to a	10896
political subdivision is past due, the political subdivision may,	10897
with the approval of the attorney general, certify the amount to	10898
the attorney general pursuant to this section.	10899

For the purposes of this section, the attorney general and	10900
the officer, employee, or agent responsible for administering the	10901
law under which the amount is payable shall agree on the time a	10902
payment is due, and that agreed upon time shall be one of the	10903
following times:	10904

(1) If a law, including an administrative rule, of this state	10905
prescribes the time a payment is required to be made or reported,	10906
when the payment is required by that law to be paid or reported.	10907

(2) If the payment is for services rendered, when the	10908
rendering of the services is completed.	10909

(3) If the payment is reimbursement for a loss, when the loss	10910
is incurred.	10911

(4) In the case of a fine or penalty for which a law or	10912
administrative rule does not prescribe a time for payment, when	10913
the fine or penalty is first assessed.	10914

(5) If the payment arises from a legal finding, judgment, or	10915
adjudication order, when the finding, judgment, or order is	10916
rendered or issued.	10917

(6) If the payment arises from an overpayment of money by the	10918
state to another person, when the overpayment is discovered.	10919

(7) The date on which the amount for which an individual is	10920
personally liable under section 5735.35, section 5739.33, or	10921
division (G) of section 5747.07 of the Revised Code is determined.	10922

(8) Upon proof of claim being filed in a bankruptcy case.

10923

(9) Any other appropriate time determined by the attorney	10924
general and the officer, employee, or agent responsible for	10925
administering the law under which the amount is payable on the	10926
basis of statutory requirements or ordinary business processes of	10927
the state agency to which the payment is owed.	10928

(B)(1) The attorney general shall give immediate notice by	10929
mail or otherwise to the party indebted of the nature and amount	10930
of the indebtedness.	10931

(2) If the amount payable to this state arises from a tax	10932
levied under Chapter 5733., 5739., 5741., 5747., or 5751. of the	10933
Revised Code, the notice also shall specify all of the following:	10934

(a) The assessment or case number;

10935

(b) The tax pursuant to which the assessment is made;

10936

(c) The reason for the liability, including, if applicable,	10937
that a penalty or interest is due;	10938

(d) An explanation of how and when interest will be added to	10939
the amount assessed;	10940

(e) That the attorney general and tax commissioner, acting	10941
together, have the authority, but are not required, to compromise	10942
the claim and accept payment over a reasonable time, if such	10943
actions are in the best interest of the state.	10944

(C) The attorney general shall collect the claim or secure a	10945
judgment and issue an execution for its collection.	10946

(D) Each claim shall bear interest, from the day on which the	10947
claim became due, at the rate per annum required by section	10948
5703.47 of the Revised Code.	10949

(E) The attorney general and the chief officer of the agency	10950
reporting a claim, acting together, may do any of the following if	10951
such action is in the best interests of the state:	10952

(1) Compromise the claim;

10953

(2) Extend for a reasonable period the time for payment of	10954
the claim by agreeing to accept monthly or other periodic	10955
payments. The agreement may require security for payment of the	10956
claim.	10957

(3) Add fees to recover the cost of processing checks or	10958
other draft instruments returned for insufficient funds and the	10959
cost of providing electronic payment options.	10960

(F)(1) Except as provided in division (F)(2) of this section,	10961
if the attorney general finds, after investigation, that any claim	10962
due and owing to the state is uncollectible, the attorney general,	10963
with the consent of the chief officer of the agency reporting the	10964
claim, may do the following:	10965

(a) Sell, convey, or otherwise transfer the claim to one or	10966
more private entities for collection;	10967

(b) Cancel the claim or cause it to be canceled.

10968

(2) The attorney general shall cancel or cause to be canceled	10969
an unsatisfied claim on the date that is forty years after the	10970
date the claim is certified.	10971

(3) No initial action shall be commenced to collect any tax	10972
payable to the state that is administered by the tax commissioner,	10973
whether or not such tax is subject to division (B) of this	10974
section, or any penalty, interest, or additional charge on such	10975
tax, after the expiration of the period ending on the later of the	10976
dates specified in divisions (F)(3)(a) and (b) of this section,	10977
provided that such period shall be extended by the period of any	10978
stay to such collection or by any other period to which the	10979
parties mutually agree. If the initial action in aid of execution	10980
is commenced before the later of the dates specified in divisions	10981
(F)(3)(a) and (b) of this section, any and all subsequent actions	10982
may be pursued in aid of execution of judgment for as long as the	10983
debt exists.	10984

(a) Seven years after the assessment of the tax, penalty,	10985
interest, or additional charge is issued.	10986

(b) Four years after the assessment of the tax, penalty,	10987
interest, or additional charge becomes final. For the purposes of	10988
division (F)(3)(b) of this section, the assessment becomes final	10989
at the latest of the following: upon expiration of the period to	10990
petition for reassessment, or if applicable, to appeal a final	10991
determination of the commissioner or decision of the board of tax	10992
appeals or a court, or, if applicable, upon decision of the United	10993
States supreme court.	10994

For the purposes of division (F)(3) of this section, an	10995
initial action to collect a tax debt is commenced at the time when	10996
any action, including any action in aid of execution on a	10997
judgment, commences after a certified copy of the tax	10998
commissioner's entry making an assessment final has been filed in	10999
the office of the clerk of court of common pleas in the county in	11000
which the taxpayer resides or has its principal place of business	11001
in this state, or in the office of the clerk of court of common	11002
pleas of Franklin county, as provided in section 5739.13, 5741.14,	11003
5747.13, or 5751.09 of the Revised Code or in any other applicable	11004
law requiring such a filing. If an assessment has not been issued	11005
and there is no time limitation on the issuance of an assessment	11006
under applicable law, an action to collect a tax debt commences	11007
when the action is filed in the courts of this state to collect	11008
the liability.	11009

(4) If information contained in a claim that is sold,	11010
conveyed, or transferred to a private entity pursuant to this	11011
section is confidential pursuant to federal law or a section of	11012
the Revised Code that implements a federal law governing	11013
confidentiality, such information remains subject to that law	11014
during and following the sale, conveyance, or transfer.	11015

Sec. 131.024. (A) The attorney general may, not later than	11016
the first day of February of each year, send to the director of	11017
commerce a request containing the name, address, and social	11018
security number of any person who owes a claim that has been	11019
certified to the attorney general under section 131.02 of the	11020
Revised Code and request that the director provide information to	11021
the attorney general as required in division (B) of this section.	11022
If the information the director provides identifies or results in	11023
identifying unclaimed funds held by the state for an obligor in	11024
default, the attorney general may file a claim under section	11025
169.08 of the Revised Code to recover the unclaimed funds. If the	11026
director allows the claim, the director shall pay the claim	11027
directly to the attorney general. The director shall not disallow	11028
a claim made by the attorney general because the attorney general	11029
is not the owner of the unclaimed funds according to the report	11030
made under section 169.03 of the Revised Code.	11031

(B) The director of commerce shall provide the attorney	11032
general, not later than the first day of March of each year, the	11033
name, address, social security number, if the social security	11034
number is available, and any other identifying information for any	11035
individual included in a request sent by the attorney general	11036
pursuant to division (A) of this section who has unclaimed funds	11037
delivered or reported to the state under Chapter 169. of the	11038
Revised Code.	11039

(C) The attorney general, in consultation with the department	11040
of commerce, may adopt rules under Chapter 119. of the Revised	11041
Code to aid in the implementation of this section.	11042

Sec. 131.23. The various political subdivisions of this	11043
state may issue bonds, and any indebtedness created by that	11044
issuance shall not be subject to the limitations or included in	11045
the calculation of indebtedness prescribed by sections 133.05,	11046
133.06, 133.07, and 133.09 of the Revised Code, but the bonds may	11047
be issued only under the following conditions:	11048

(A) The subdivision desiring to issue the bonds shall obtain	11049
from the county auditor a certificate showing the total amount of	11050
delinquent taxes due and unpayable to the subdivision at the last	11051
semiannual tax settlement.	11052

(B) The fiscal officer of that subdivision shall prepare a	11053
statement, from the books of the subdivision, verified by the	11054
fiscal officer under oath, which shall contain the following facts	11055
of the subdivision:	11056

(1) The total bonded indebtedness;

11057

(2) The aggregate amount of notes payable or outstanding	11058
accounts of the subdivision, incurred prior to the commencement of	11059
the current fiscal year, which shall include all evidences of	11060
indebtedness issued by the subdivision except notes issued in	11061
anticipation of bond issues and the indebtedness of any	11062
nontax-supported public utility;	11063

(3) Except in the case of school districts, the aggregate	11064
current year's requirement for disability financial assistance	11065
provided under Chapter 5115. of the Revised Code that the	11066
subdivision is unable to finance except by the issue of bonds;	11067

(4) The indebtedness outstanding through the issuance of any	11068
bonds or notes pledged or obligated to be paid by any delinquent	11069
taxes;	11070

(5) The total of any other indebtedness;

11071

(6) The net amount of delinquent taxes unpledged to pay any	11072
bonds, notes, or certificates, including delinquent assessments on	11073
improvements on which the bonds have been paid;	11074

(7) The budget requirements for the fiscal year for bond and	11075
note retirement;	11076

(8) The estimated revenue for the fiscal year.

11077

(C) The certificate and statement provided for in divisions	11078
(A) and (B) of this section shall be forwarded to the tax	11079
commissioner together with a request for authority to issue bonds	11080
of the subdivision in an amount not to exceed seventy per cent of	11081
the net unobligated delinquent taxes and assessments due and owing	11082
to the subdivision, as set forth in division (B)(6) of this	11083
section.	11084

(D) No subdivision may issue bonds under this section in	11085
excess of a sufficient amount to pay the indebtedness of the	11086
subdivision as shown by division (B)(2) of this section and,	11087
except in the case of school districts, to provide funds for	11088
disability financial assistance as shown by division (B)(3) of	11089
this section.	11090

(E) The tax commissioner shall grant to the subdivision	11091
authority requested by the subdivision as restricted by divisions	11092
(C) and (D) of this section and shall make a record of the	11093
certificate, statement, and grant in a record book devoted solely	11094
to such recording and which shall be open to inspection by the	11095
public.	11096

(F) The commissioner shall immediately upon issuing the	11097
authority provided in division (E) of this section notify the	11098
proper authority having charge of the retirement of bonds of the	11099
subdivision by forwarding a copy of the grant of authority and of	11100
the statement provided for in division (B) of this section.	11101

(G) Upon receipt of authority, the subdivision shall proceed	11102
according to law to issue the amount of bonds authorized by the	11103
commissioner, and authorized by the taxing authority, provided the	11104
taxing authority of that subdivision may submit, by resolution, to	11105
the electors of that subdivision the question of issuing the	11106
bonds. The resolution shall make the declarations and statements	11107
required by section 133.18 of the Revised Code. The county auditor	11108
and taxing authority shall thereupon proceed as set forth in	11109
divisions (C) and (D) of that section. The election on the	11110
question of issuing the bonds shall be held under divisions (E),	11111
(F), and (G) of that section, except that publication of the	11112
notice of the election shall be made on two separate days prior to	11113
the election in ~~one or more newspapers~~a newspaper of general	11114
circulation in the subdivision~~, and, if~~or as provided in section	11115
7.16 of the Revised Code. If the board of elections operates and	11116
maintains a web site, notice of the election also shall be posted	11117
on that web site for thirty days prior to the election. The bonds	11118
may be exchanged at their face value with creditors of the	11119
subdivision in liquidating the indebtedness described and	11120
enumerated in division (B)(2) of this section or may be sold as	11121
provided in Chapter 133. of the Revised Code, and in either event	11122
shall be uncontestable.	11123

(H) The per cent of delinquent taxes and assessments	11124
collected for and to the credit of the subdivision after the	11125
exchange or sale of bonds as certified by the commissioner shall	11126
be paid to the authority having charge of the sinking fund of the	11127
subdivision, which money shall be placed in a separate fund for	11128
the purpose of retiring the bonds so issued. The proper authority	11129
of the subdivisions shall provide for the levying of a tax	11130
sufficient in amount to pay the debt charges on all such bonds	11131
issued under this section.	11132

(I) This section is for the sole purpose of assisting the	11133
various subdivisions in paying their unsecured indebtedness, and	11134
providing funds for disability financial assistance. The bonds	11135
issued under authority of this section shall not be used for any	11136
other purpose, and any exchange for other purposes, or the use of	11137
the money derived from the sale of the bonds by the subdivision	11138
for any other purpose, is misapplication of funds.	11139

(J) The bonds authorized by this section shall be redeemable	11140
or payable in not to exceed ten years from date of issue and shall	11141
not be subject to or considered in calculating the net	11142
indebtedness of the subdivision. The budget commission of the	11143
county in which the subdivision is located shall annually allocate	11144
such portion of the then delinquent levy due the subdivision which	11145
is unpledged for other purposes to the payment of debt charges on	11146
the bonds issued under authority of this section.	11147

(K) The issue of bonds under this section shall be governed	11148
by Chapter 133. of the Revised Code, respecting the terms used,	11149
forms, manner of sale, and redemption except as otherwise provided	11150
in this section.	11151

The board of county commissioners of any county may issue	11152
bonds authorized by this section and distribute the proceeds of	11153
the bond issues to any or all of the cities and townships of the	11154
county, according to their relative needs for disability financial	11155
assistance as determined by the county.	11156

All sections of the Revised Code inconsistent with or	11157
prohibiting the exercise of the authority conferred by this	11158
section are inoperative respecting bonds issued under this	11159
section.	11160

Sec. 131.44. (A) As used in this section:

11161

(1) "Surplus revenue" means the excess, if any, of the total	11162
fund balance over the required year-end balance.	11163

(2) "Total fund balance" means the sum of the unencumbered	11164
balance in the general revenue fund on the last day of the	11165
preceding fiscal year plus the balance in the budget stabilization	11166
fund.	11167

(3) "Required year-end balance" means the sum of the	11168
following:	11169

(a) Five per cent of the general revenue fund revenues for	11170
the preceding fiscal year;	11171

(b) "Ending fund balance," which means one-half of one per	11172
cent of general revenue fund revenues for the preceding fiscal	11173
year;	11174

(c) "Carryover balance," which means, with respect to a	11175
fiscal biennium, the excess, if any, of the estimated general	11176
revenue fund appropriation and transfer requirement for the second	11177
fiscal year of the biennium over the estimated general revenue	11178
fund revenue for that fiscal year;	11179

(d) "Capital appropriation reserve," which means the amount,	11180
if any, of general revenue fund capital appropriations made for	11181
the current biennium that the director of budget and management	11182
has determined will be encumbered or disbursed;	11183

(e) "Income tax reduction impact reserve," which means an	11184
amount equal to the reduction projected by the director of budget	11185
and management in income tax revenue in the current fiscal year	11186
attributable to the previous reduction in the income tax rate made	11187
by the tax commissioner pursuant to division (B) of section	11188
5747.02 of the Revised Code.	11189

(4) "Estimated general revenue fund appropriation and	11190
transfer requirement" means the most recent adjusted	11191
appropriations made by the general assembly from the general	11192
revenue fund and includes both of the following:	11193

(a) Appropriations made and transfers of appropriations from	11194
the first fiscal year to the second fiscal year of the biennium in	11195
provisions of acts of the general assembly signed by the governor	11196
but not yet effective;	11197

(b) Transfers of ~~appropriation~~appropriations from the first	11198
fiscal year to the second fiscal year of the biennium approved by	11199
the controlling board.	11200

(5) "Estimated general revenue fund revenue" means the most	11201
recent such estimate available to the director of budget and	11202
management.	11203

(B)(1) Not later than the thirty-first day of July each year,	11204
the director of budget and management shall determine the surplus	11205
revenue that existed on the preceding thirtieth day of June and	11206
transfer from the general revenue fund, to the extent of the	11207
unobligated, unencumbered balance on the preceding thirtieth day	11208
of June in excess of one-half of one per cent of the general	11209
revenue fund revenues in the preceding fiscal year, the following:	11210

(a) First, to the budget stabilization fund, any amount	11211
necessary for the balance of the budget stabilization fund to	11212
equal five per cent of the general revenue fund revenues of the	11213
preceding fiscal year;	11214

(b) Then, to the income tax reduction fund, which is hereby	11215
created in the state treasury, an amount equal to the surplus	11216
revenue.	11217

(2) Not later than the thirty-first day of July each year,	11218
the director shall determine the percentage that the balance in	11219
the income tax reduction fund is of the amount of revenue that the	11220
director estimates will be received from the tax levied under	11221
section 5747.02 of the Revised Code in the current fiscal year	11222
without regard to any reduction under division (B) of that	11223
section. If that percentage exceeds thirty-five one hundredths of	11224
one per cent, the director shall certify the percentage to the tax	11225
commissioner not later than the thirty-first day of July.	11226

(C) The director of budget and management shall transfer	11227
money in the income tax reduction fund to the general revenue	11228
fund, the local government fund, and the public library fund as	11229
necessary to offset revenue reductions resulting from the	11230
reductions in taxes required under division (B) of section 5747.02	11231
of the Revised Code in the respective amounts and percentages	11232
prescribed by division (A) of section 5747.03 and divisions ~~(A)~~(B)	11233
and ~~(B)~~(C) of section 131.51 of the Revised Code as if the amount	11234
transferred had been collected as taxes under Chapter 5747. of the	11235
Revised Code. If no reductions in taxes are made under that	11236
division that affect revenue received in the current fiscal year,	11237
the director shall not transfer money from the income tax	11238
reduction fund to the general revenue fund, the local government	11239
fund, and the public library fund.	11240

Sec. 131.51. (A) ~~Beginning January 2008, on~~On or before	11241
July 5, 2013, the tax commissioner shall compute the following	11242
amounts and certify those amounts to the director of budget and	11243
management:	11244

(1) A percentage calculated by multiplying one hundred by the	11245
quotient obtained by dividing the total amount credited to the	11246
local government fund in fiscal year 2013 by the total amount of	11247
tax revenue credited to the general revenue fund in fiscal year	11248
2013. The percentage shall be rounded to the nearest one-hundredth	11249
of one per cent.	11250

(2) A percentage calculated by multiplying one hundred by the	11251
quotient obtained by dividing the total amount credited to the	11252
public library fund in fiscal year 2013 by the total amount of tax	11253
revenue credited to the general revenue fund in fiscal year 2013.	11254
The percentage shall be rounded to the nearest one-hundredth of	11255
one per cent.	11256

(B) On or before the ~~fifth~~seventh day of each month, the	11257
director of budget and management shall credit to the local	11258
government fund ~~three and sixty-eight one hundredths per cent of~~	11259
an amount equal to the product obtained by multiplying the	11260
percentage calculated under division (A)(1) of this section by the	11261
total tax revenue credited to the general revenue fund during the	11262
preceding month. ~~In determining the total tax revenue credited to~~	11263
~~the general revenue fund during the preceding month, the director~~	11264
~~shall include amounts transferred from that fund during the~~	11265
~~preceding month pursuant to divisions (A) and (B) of this section.~~	11266
Money shall be distributed from the local government fund as	11267
required under section 5747.50 of the Revised Code during the same	11268
month in which it is credited to the fund.	11269

~~(B) Beginning January 2008, on~~(C) On or before the ~~fifth~~	11270
seventh day of each month, the director of budget and management	11271
shall credit to the public library fund~~, two and twenty-two one~~	11272
~~hundredths per cent of~~an amount equal to the product obtained by	11273
multiplying the percentage calculated under division (A)(2) of	11274
this section by the total tax revenue credited to the general	11275
revenue fund during the preceding month. ~~In determining the total~~	11276
~~tax revenue credited to the general revenue fund during the~~	11277
~~preceding month, the director shall include amounts transferred~~	11278
~~from that fund during the preceding month pursuant to divisions~~	11279
~~(A) and (B) of this section.~~ Money shall be distributed from the	11280
public library fund as required under section 5747.47 of the	11281
Revised Code during the same month in which it is credited to the	11282
fund.	11283

~~(C)~~(D) The director of budget and management shall develop a	11284
schedule identifying the specific tax revenue sources to be used	11285
to make the monthly transfers required under divisions ~~(A)~~(B) and	11286
~~(B)~~(C) of this section. The director may, from time to time,	11287
revise the schedule as the director considers necessary.	11288

Sec. 133.01. As used in this chapter, in sections 9.95,	11289
9.96, and 2151.655 of the Revised Code, in other sections of the	11290
Revised Code that make reference to this chapter unless the	11291
context does not permit, and in related proceedings, unless	11292
otherwise expressly provided:	11293

(A) "Acquisition" as applied to real or personal property	11294
includes, among other forms of acquisition, acquisition by	11295
exercise of a purchase option, and acquisition of interests in	11296
property, including, without limitation, easements and	11297
rights-of-way, and leasehold and other lease interests initially	11298
extending or extendable for a period of at least sixty months.	11299

(B) "Anticipatory securities" means securities, including	11300
notes, issued in anticipation of the issuance of other securities.	11301

(C) "Board of elections" means the county board of elections	11302
of the county in which the subdivision is located. If the	11303
subdivision is located in more than one county, "board of	11304
elections" means the county board of elections of the county that	11305
contains the largest portion of the population of the subdivision	11306
or that otherwise has jurisdiction in practice over and	11307
customarily handles election matters relating to the subdivision.	11308

(D) "Bond retirement fund" means the bond retirement fund	11309
provided for in section 5705.09 of the Revised Code, and also	11310
means a sinking fund or any other special fund, regardless of the	11311
name applied to it, established by or pursuant to law or the	11312
proceedings for the payment of debt charges. Provision may be made	11313
in the applicable proceedings for the establishment in a bond	11314
retirement fund of separate accounts relating to debt charges on	11315
particular securities, or on securities payable from the same or	11316
common sources, and for the application of moneys in those	11317
accounts only to specified debt charges on specified securities or	11318
categories of securities. Subject to law and any provisions in the	11319
applicable proceedings, moneys in a bond retirement fund or	11320
separate account in a bond retirement fund may be transferred to	11321
other funds and accounts.	11322

(E) "Capitalized interest" means all or a portion of the	11323
interest payable on securities from their date to a date stated or	11324
provided for in the applicable legislation, which interest is to	11325
be paid from the proceeds of the securities.	11326

(F) "Chapter 133. securities" means securities authorized by	11327
or issued pursuant to or in accordance with this chapter.	11328

(G) "County auditor" means the county auditor of the county	11329
in which the subdivision is located. If the subdivision is located	11330
in more than one county, "county auditor" means the county auditor	11331
of the county that contains the highest amount of the tax	11332
valuation of the subdivision or that otherwise has jurisdiction in	11333
practice over and customarily handles property tax matters	11334
relating to the subdivision. In the case of a county that has	11335
adopted a charter, "county auditor" means the officer who	11336
generally has the duties and functions provided in the Revised	11337
Code for a county auditor.	11338

(H) "Credit enhancement facilities" means letters of credit,	11339
lines of credit, stand-by, contingent, or firm securities purchase	11340
agreements, insurance, or surety arrangements, guarantees, and	11341
other arrangements that provide for direct or contingent payment	11342
of debt charges, for security or additional security in the event	11343
of nonpayment or default in respect of securities, or for making	11344
payment of debt charges to and at the option and on demand of	11345
securities holders or at the option of the issuer or upon certain	11346
conditions occurring under put or similar arrangements, or for	11347
otherwise supporting the credit or liquidity of the securities,	11348
and includes credit, reimbursement, marketing, remarketing,	11349
indexing, carrying, interest rate hedge, and subrogation	11350
agreements, and other agreements and arrangements for payment and	11351
reimbursement of the person providing the credit enhancement	11352
facility and the security for that payment and reimbursement.	11353

(I) "Current operating expenses" or "current expenses" means	11354
the lawful expenditures of a subdivision, except those for	11355
permanent improvements and for payments of debt charges of the	11356
subdivision.	11357

(J) "Debt charges" means the principal, including any	11358
mandatory sinking fund deposits and mandatory redemption payments,	11359
interest, and any redemption premium, payable on securities as	11360
those payments come due and are payable. The use of "debt charges"	11361
for this purpose does not imply that any particular securities	11362
constitute debt within the meaning of the Ohio Constitution or	11363
other laws.	11364

(K) "Financing costs" means all costs and expenses relating	11365
to the authorization, including any required election, issuance,	11366
sale, delivery, authentication, deposit, custody, clearing,	11367
registration, transfer, exchange, fractionalization, replacement,	11368
payment, and servicing of securities, including, without	11369
limitation, costs and expenses for or relating to publication and	11370
printing, postage, delivery, preliminary and final official	11371
statements, offering circulars, and informational statements,	11372
travel and transportation, underwriters, placement agents,	11373
investment bankers, paying agents, registrars, authenticating	11374
agents, remarketing agents, custodians, clearing agencies or	11375
corporations, securities depositories, financial advisory	11376
services, certifications, audits, federal or state regulatory	11377
agencies, accounting and computation services, legal services and	11378
obtaining approving legal opinions and other legal opinions,	11379
credit ratings, redemption premiums, and credit enhancement	11380
facilities. Financing costs may be paid from any moneys available	11381
for the purpose, including, unless otherwise provided in the	11382
proceedings, from the proceeds of the securities to which they	11383
relate and, as to future financing costs, from the same sources	11384
from which debt charges on the securities are paid and as though	11385
debt charges.	11386

(L) "Fiscal officer" means the following, or, in the case of	11387
absence or vacancy in the office, a deputy or assistant authorized	11388
by law or charter to act in the place of the named officer, or if	11389
there is no such authorization then the deputy or assistant	11390
authorized by legislation to act in the place of the named officer	11391
for purposes of this chapter, in the case of the following	11392
subdivisions:	11393

(1) A county, the county auditor;

11394

(2) A municipal corporation, the city auditor or village	11395
clerk or clerk-treasurer, or the officer who, by virtue of a	11396
charter, has the duties and functions provided in the Revised Code	11397
for the city auditor or village clerk or clerk-treasurer;	11398

(3) A school district, the treasurer of the board of	11399
education;	11400

(4) A regional water and sewer district, the secretary of the	11401
board of trustees;	11402

(5) A joint township hospital district, the treasurer of the	11403
district;	11404

(6) A joint ambulance district, the clerk of the board of	11405
trustees;	11406

(7) A joint recreation district, the person designated	11407
pursuant to section 755.15 of the Revised Code;	11408

(8) A detention facility district or a district organized	11409
under section 2151.65 of the Revised Code or a combined district	11410
organized under sections 2152.41 and 2151.65 of the Revised Code,	11411
the county auditor of the county designated by law to act as the	11412
auditor of the district;	11413

(9) A township, a fire district organized under division (C)	11414
of section 505.37 of the Revised Code, or a township police	11415
district, the fiscal officer of the township;	11416

(10) A joint fire district, the clerk of the board of	11417
trustees of that district;	11418

(11) A regional or county library district, the person	11419
responsible for the financial affairs of that district;	11420

(12) A joint solid waste management district, the fiscal	11421
officer appointed by the board of directors of the district under	11422
section 343.01 of the Revised Code;	11423

(13) A joint emergency medical services district, the person	11424
appointed as fiscal officer pursuant to division (D) of section	11425
307.053 of the Revised Code;	11426

(14) A fire and ambulance district, the person appointed as	11427
fiscal officer under division (B) of section 505.375 of the	11428
Revised Code;	11429

(15) A subdivision described in division (MM)~~(17)~~(18) of this	11430
section, the officer who is designated by law as or performs the	11431
functions of its chief fiscal officer;	11432

(16) A joint police district, the treasurer of the district.

11433

(M) "Fiscal year" has the same meaning as in section 9.34 of	11434
the Revised Code.	11435

(N) "Fractionalized interests in public obligations" means	11436
participations, certificates of participation, shares, or other	11437
instruments or agreements, separate from the public obligations	11438
themselves, evidencing ownership of interests in public	11439
obligations or of rights to receive payments of, or on account of,	11440
principal or interest or their equivalents payable by or on behalf	11441
of an obligor pursuant to public obligations.	11442

(O) "Fully registered securities" means securities in	11443
certificated or uncertificated form, registered as to both	11444
principal and interest in the name of the owner.	11445

(P) "Fund" means to provide for the payment of debt charges	11446
and expenses related to that payment at or prior to retirement by	11447
purchase, call for redemption, payment at maturity, or otherwise.	11448

(Q) "General obligation" means securities to the payment of	11449
debt charges on which the full faith and credit and the general	11450
property taxing power, including taxes within the tax limitation	11451
if available to the subdivision, of the subdivision are pledged.	11452

(R) "Interest" or "interest equivalent" means those payments	11453
or portions of payments, however denominated, that constitute or	11454
represent consideration for forbearing the collection of money, or	11455
for deferring the receipt of payment of money to a future time.	11456

(S) "Internal Revenue Code" means the "Internal Revenue Code	11457
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and	11458
includes any laws of the United States providing for application	11459
of that code.	11460

(T) "Issuer" means any public issuer and any nonprofit	11461
corporation authorized to issue securities for or on behalf of any	11462
public issuer.	11463

(U) "Legislation" means an ordinance or resolution passed by	11464
a majority affirmative vote of the then members of the taxing	11465
authority unless a different vote is required by charter	11466
provisions governing the passage of the particular legislation by	11467
the taxing authority.	11468

(V) "Mandatory sinking fund redemption requirements" means	11469
amounts required by proceedings to be deposited in a bond	11470
retirement fund for the purpose of paying in any year or fiscal	11471
year by mandatory redemption prior to stated maturity the	11472
principal of securities that is due and payable, except for	11473
mandatory prior redemption requirements as provided in those	11474
proceedings, in a subsequent year or fiscal year.	11475

(W) "Mandatory sinking fund requirements" means amounts	11476
required by proceedings to be deposited in a year or fiscal year	11477
in a bond retirement fund for the purpose of paying the principal	11478
of securities that is due and payable in a subsequent year or	11479
fiscal year.	11480

(X) "Net indebtedness" has the same meaning as in division	11481
(A) of section 133.04 of the Revised Code.	11482

(Y) "Obligor," in the case of securities or fractionalized	11483
interests in public obligations issued by another person the debt	11484
charges or their equivalents on which are payable from payments	11485
made by a public issuer, means that public issuer.	11486

(Z) "One purpose" relating to permanent improvements means	11487
any one permanent improvement or group or category of permanent	11488
improvements for the same utility, enterprise, system, or project,	11489
development or redevelopment project, or for or devoted to the	11490
same general purpose, function, or use or for which	11491
self-supporting securities, based on the same or different sources	11492
of revenues, may be issued or for which special assessments may be	11493
levied by a single ordinance or resolution. "One purpose"	11494
includes, but is not limited to, in any case any off-street	11495
parking facilities relating to another permanent improvement, and:	11496

(1) Any number of roads, highways, streets, bridges,	11497
sidewalks, and viaducts;	11498

(2) Any number of off-street parking facilities;

11499

(3) In the case of a county, any number of permanent	11500
improvements for courthouse, jail, county offices, and other	11501
county buildings, and related facilities;	11502

(4) In the case of a school district, any number of	11503
facilities and buildings for school district purposes, and related	11504
facilities.	11505

(AA) "Outstanding," referring to securities, means securities	11506
that have been issued, delivered, and paid for, except any of the	11507
following:	11508

(1) Securities canceled upon surrender, exchange, or	11509
transfer, or upon payment or redemption;	11510

(2) Securities in replacement of which or in exchange for	11511
which other securities have been issued;	11512

(3) Securities for the payment, or redemption or purchase for	11513
cancellation prior to maturity, of which sufficient moneys or	11514
investments, in accordance with the applicable legislation or	11515
other proceedings or any applicable law, by mandatory sinking fund	11516
redemption requirements, mandatory sinking fund requirements, or	11517
otherwise, have been deposited, and credited for the purpose in a	11518
bond retirement fund or with a trustee or paying or escrow agent,	11519
whether at or prior to their maturity or redemption, and, in the	11520
case of securities to be redeemed prior to their stated maturity,	11521
notice of redemption has been given or satisfactory arrangements	11522
have been made for giving notice of that redemption, or waiver of	11523
that notice by or on behalf of the affected security holders has	11524
been filed with the subdivision or its agent for the purpose.	11525

(BB) "Paying agent" means the one or more banks, trust	11526
companies, or other financial institutions or qualified persons,	11527
including an appropriate office or officer of the subdivision,	11528
designated as a paying agent or place of payment of debt charges	11529
on the particular securities.	11530

(CC) "Permanent improvement" or "improvement" means any	11531
property, asset, or improvement certified by the fiscal officer,	11532
which certification is conclusive, as having an estimated life or	11533
period of usefulness of five years or more, and includes, but is	11534
not limited to, real estate, buildings, and personal property and	11535
interests in real estate, buildings, and personal property,	11536
equipment, furnishings, and site improvements, and reconstruction,	11537
rehabilitation, renovation, installation, improvement,	11538
enlargement, and extension of property, assets, or improvements so	11539
certified as having an estimated life or period of usefulness of	11540
five years or more. The acquisition of all the stock ownership of	11541
a corporation is the acquisition of a permanent improvement to the	11542
extent that the value of that stock is represented by permanent	11543
improvements. A permanent improvement for parking, highway, road,	11544
and street purposes includes resurfacing, but does not include	11545
ordinary repair.	11546

(DD) "Person" has the same meaning as in section 1.59 of the	11547
Revised Code and also includes any federal, state, interstate,	11548
regional, or local governmental agency, any subdivision, and any	11549
combination of those persons.	11550

(EE) "Proceedings" means the legislation, certifications,	11551
notices, orders, sale proceedings, trust agreement or indenture,	11552
mortgage, lease, lease-purchase agreement, assignment, credit	11553
enhancement facility agreements, and other agreements,	11554
instruments, and documents, as amended and supplemented, and any	11555
election proceedings, authorizing, or providing for the terms and	11556
conditions applicable to, or providing for the security or sale or	11557
award of, public obligations, and includes the provisions set	11558
forth or incorporated in those public obligations and proceedings.	11559

(FF) "Public issuer" means any of the following that is	11560
authorized by law to issue securities or enter into public	11561
obligations:	11562

(1) The state, including an agency, commission, officer,	11563
institution, board, authority, or other instrumentality of the	11564
state;	11565

(2) A taxing authority, subdivision, district, or other local	11566
public or governmental entity, and any combination or consortium,	11567
or public division, district, commission, authority, department,	11568
board, officer, or institution, thereof;	11569

(3) Any other body corporate and politic, or other public	11570
entity.	11571

(GG) "Public obligations" means both of the following:

11572

(1) Securities;

11573

(2) Obligations of a public issuer to make payments under	11574
installment sale, lease, lease purchase, or similar agreements,	11575
which obligations may bear interest or interest equivalent.	11576

(HH) "Refund" means to fund and retire outstanding	11577
securities, including advance refunding with or without payment or	11578
redemption prior to maturity.	11579

(II) "Register" means the books kept and maintained by the	11580
registrar for registration, exchange, and transfer of registered	11581
securities.	11582

(JJ) "Registrar" means the person responsible for keeping the	11583
register for the particular registered securities, designated by	11584
or pursuant to the proceedings.	11585

(KK) "Securities" means bonds, notes, certificates of	11586
indebtedness, commercial paper, and other instruments in writing,	11587
including, unless the context does not admit, anticipatory	11588
securities, issued by an issuer to evidence its obligation to	11589
repay money borrowed, or to pay interest, by, or to pay at any	11590
future time other money obligations of, the issuer of the	11591
securities, but not including public obligations described in	11592
division (GG)(2) of this section.	11593

(LL) "Self-supporting securities" means securities or	11594
portions of securities issued for the purpose of paying costs of	11595
permanent improvements to the extent that receipts of the	11596
subdivision, other than the proceeds of taxes levied by that	11597
subdivision, derived from or with respect to the improvements or	11598
the operation of the improvements being financed, or the	11599
enterprise, system, project, or category of improvements of which	11600
the improvements being financed are part, are estimated by the	11601
fiscal officer to be sufficient to pay the current expenses of	11602
that operation or of those improvements or enterprise, system,	11603
project, or categories of improvements and the debt charges	11604
payable from those receipts on securities issued for the purpose.	11605
Until such time as the improvements or increases in rates and	11606
charges have been in operation or effect for a period of at least	11607
six months, the receipts therefrom, for purposes of this	11608
definition, shall be those estimated by the fiscal officer, except	11609
that those receipts may include, without limitation, payments made	11610
and to be made to the subdivision under leases or agreements in	11611
effect at the time the estimate is made. In the case of an	11612
operation, improvements, or enterprise, system, project, or	11613
category of improvements without at least a six-month history of	11614
receipts, the estimate of receipts by the fiscal officer, other	11615
than those to be derived under leases and agreements then in	11616
effect, shall be confirmed by the taxing authority.	11617

(MM) "Subdivision" means any of the following:

11618

(1) A county, including a county that has adopted a charter	11619
under Article X, Ohio Constitution;	11620

(2) A municipal corporation, including a municipal	11621
corporation that has adopted a charter under Article XVIII, Ohio	11622
Constitution;	11623

(3) A school district;

11624

(4) A regional water and sewer district organized under	11625
Chapter 6119. of the Revised Code;	11626

(5) A joint township hospital district organized under	11627
section 513.07 of the Revised Code;	11628

(6) A joint ambulance district organized under section 505.71	11629
of the Revised Code;	11630

(7) A joint recreation district organized under division (C)	11631
of section 755.14 of the Revised Code;	11632

(8) A detention facility district organized under section	11633
2152.41, a district organized under section 2151.65, or a combined	11634
district organized under sections 2152.41 and 2151.65 of the	11635
Revised Code;	11636

(9) A township police district organized under section 505.48	11637
of the Revised Code;	11638

(10) A township;

11639

(11) A joint fire district organized under section 505.371 of	11640
the Revised Code;	11641

(12) A county library district created under section 3375.19	11642
or a regional library district created under section 3375.28 of	11643
the Revised Code;	11644

(13) A joint solid waste management district organized under	11645
section 343.01 or 343.012 of the Revised Code;	11646

(14) A joint emergency medical services district organized	11647
under section 307.052 of the Revised Code;	11648

(15) A fire and ambulance district organized under section	11649
505.375 of the Revised Code;	11650

(16) A fire district organized under division (C) of section	11651
505.37 of the Revised Code;	11652

(17) A joint police district organized under section 505.482	11653
of the Revised Code;	11654

(18) Any other political subdivision or taxing district or	11655
other local public body or agency authorized by this chapter or	11656
other laws to issue Chapter 133. securities.	11657

(NN) "Taxing authority" means in the case of the following	11658
subdivisions:	11659

(1) A county, a county library district, or a regional	11660
library district, the board or boards of county commissioners, or	11661
other legislative authority of a county that has adopted a charter	11662
under Article X, Ohio Constitution, but with respect to such a	11663
library district acting solely as agent for the board of trustees	11664
of that district;	11665

(2) A municipal corporation, the legislative authority;

11666

(3) A school district, the board of education;

11667

(4) A regional water and sewer district, a joint ambulance	11668
district, a joint recreation district, a fire and ambulance	11669
district, or a joint fire district, the board of trustees of the	11670
district;	11671

(5) A joint township hospital district, the joint township	11672
hospital board;	11673

(6) A detention facility district or a district organized	11674
under section 2151.65 of the Revised Code, a combined district	11675
organized under sections 2152.41 and 2151.65 of the Revised Code,	11676
or a joint emergency medical services district, the joint board of	11677
county commissioners;	11678

(7) A township, a fire district organized under division (C)	11679
of section 505.37 of the Revised Code, or a township police	11680
district, the board of township trustees;	11681

(8) A joint solid waste management district organized under	11682
section 343.01 or 343.012 of the Revised Code, the board of	11683
directors of the district;	11684

(9) A subdivision described in division (MM)~~(17)~~(18) of this	11685
section, the legislative or governing body or official;	11686

(10) A joint police district, the joint police district	11687
board.	11688

(OO) "Tax limitation" means the "ten-mill limitation" as	11689
defined in section 5705.02 of the Revised Code without diminution	11690
by reason of section 5705.313 of the Revised Code or otherwise,	11691
or, in the case of a municipal corporation or county with a	11692
different charter limitation on property taxes levied to pay debt	11693
charges on unvoted securities, that charter limitation. Those	11694
limitations shall be respectively referred to as the "ten-mill	11695
limitation" and the "charter tax limitation."	11696

(PP) "Tax valuation" means the aggregate of the valuations of	11697
property subject to ad valorem property taxation by the	11698
subdivision on the real property, personal property, and public	11699
utility property tax lists and duplicates most recently certified	11700
for collection, and shall be calculated without deductions of the	11701
valuations of otherwise taxable property exempt in whole or in	11702
part from taxation by reason of exemptions of certain amounts of	11703
taxable value under division (C) of section 5709.01, tax	11704
reductions under section 323.152 of the Revised Code, or similar	11705
laws now or in the future in effect.	11706

For purposes of section 133.06 of the Revised Code, "tax	11707
valuation" shall not include the valuation of tangible personal	11708
property used in business, telephone or telegraph property,	11709
interexchange telecommunications company property, or personal	11710
property owned or leased by a railroad company and used in	11711
railroad operations listed under or described in section 5711.22,	11712
division (B) or (F) of section 5727.111, or section 5727.12 of the	11713
Revised Code.	11714

(QQ) "Year" means the calendar year.

11715

(RR) "Administrative agent," "agent," "commercial paper,"	11716
"floating rate interest structure," "indexing agent," "interest	11717
rate hedge," "interest rate period," "put arrangement," and	11718
"remarketing agent" have the same meanings as in section 9.98 of	11719
the Revised Code.	11720

(SS) "Sales tax supported" means obligations to the payment	11721
of debt charges on which an additional sales tax or additional	11722
sales taxes have been pledged by the taxing authority of a county	11723
pursuant to section 133.081 of the Revised Code.	11724

Sec. 133.06. (A) A school district shall not incur, without	11725
a vote of the electors, net indebtedness that exceeds an amount	11726
equal to one-tenth of one per cent of its tax valuation, except as	11727
provided in divisions (G) and (H) of this section and in division	11728
(C) of section 3313.372 of the Revised Code, or as prescribed in	11729
section 3318.052 or 3318.44 of the Revised Code, or as provided in	11730
division (J) of this section.	11731

(B) Except as provided in divisions (E), (F), and (I) of this	11732
section, a school district shall not incur net indebtedness that	11733
exceeds an amount equal to nine per cent of its tax valuation.	11734

(C) A school district shall not submit to a vote of the	11735
electors the question of the issuance of securities in an amount	11736
that will make the district's net indebtedness after the issuance	11737
of the securities exceed an amount equal to four per cent of its	11738
tax valuation, unless the superintendent of public instruction,	11739
acting under policies adopted by the state board of education, and	11740
the tax commissioner, acting under written policies of the	11741
commissioner, consent to the submission. A request for the	11742
consents shall be made at least one hundred twenty days prior to	11743
the election at which the question is to be submitted.	11744

The superintendent of public instruction shall certify to the	11745
district the superintendent's and the tax commissioner's decisions	11746
within thirty days after receipt of the request for consents.	11747

If the electors do not approve the issuance of securities at	11748
the election for which the superintendent of public instruction	11749
and tax commissioner consented to the submission of the question,	11750
the school district may submit the same question to the electors	11751
on the date that the next special election may be held under	11752
section 3501.01 of the Revised Code without submitting a new	11753
request for consent. If the school district seeks to submit the	11754
same question at any other subsequent election, the district shall	11755
first submit a new request for consent in accordance with this	11756
division.	11757

(D) In calculating the net indebtedness of a school district,	11758
none of the following shall be considered:	11759

(1) Securities issued to acquire school buses and other	11760
equipment used in transporting pupils or issued pursuant to	11761
division (D) of section 133.10 of the Revised Code;	11762

(2) Securities issued under division (F) of this section,	11763
under section 133.301 of the Revised Code, and, to the extent in	11764
excess of the limitation stated in division (B) of this section,	11765
under division (E) of this section;	11766

(3) Indebtedness resulting from the dissolution of a joint	11767
vocational school district under section 3311.217 of the Revised	11768
Code, evidenced by outstanding securities of that joint vocational	11769
school district;	11770

(4) Loans, evidenced by any securities, received under	11771
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the	11772
Revised Code;	11773

(5) Debt incurred under section 3313.374 of the Revised Code;

11774

(6) Debt incurred pursuant to division (B)(5) of section	11775
3313.37 of the Revised Code to acquire computers and related	11776
hardware;	11777

(7) Debt incurred under section 3318.042 of the Revised Code.

11778

(E) A school district may become a special needs district as	11779
to certain securities as provided in division (E) of this section.	11780

(1) A board of education, by resolution, may declare its	11781
school district to be a special needs district by determining both	11782
of the following:	11783

(a) The student population is not being adequately serviced	11784
by the existing permanent improvements of the district.	11785

(b) The district cannot obtain sufficient funds by the	11786
issuance of securities within the limitation of division (B) of	11787
this section to provide additional or improved needed permanent	11788
improvements in time to meet the needs.	11789

(2) The board of education shall certify a copy of that	11790
resolution to the superintendent of public instruction with a	11791
statistical report showing all of the following:	11792

(a) ~~A history of and a projection of the growth of the~~	11793
~~student population;~~	11794

~~(b)~~ The history of and a projection of the growth of the tax	11795
valuation;	11796

~~(c)~~(b) The projected needs;

11797

~~(d)~~(c) The estimated cost of permanent improvements proposed	11798
to meet such projected needs.	11799

(3) The superintendent of public instruction shall certify	11800
the district as an approved special needs district if the	11801
superintendent finds both of the following:	11802

(a) The district does not have available sufficient	11803
additional funds from state or federal sources to meet the	11804
projected needs.	11805

(b) The projection of the potential average growth of tax	11806
valuation during the next five years, according to the information	11807
certified to the superintendent and any other information the	11808
superintendent obtains, indicates a likelihood of potential	11809
average growth of tax valuation of the district during the next	11810
five years of an average of not less than ~~three~~one and one-half	11811
per cent per year. The findings and certification of the	11812
superintendent shall be conclusive.	11813

(4) An approved special needs district may incur net	11814
indebtedness by the issuance of securities in accordance with the	11815
provisions of this chapter in an amount that does not exceed an	11816
amount equal to the greater of the following:	11817

(a) ~~Nine~~Twelve per cent of the sum of its tax valuation plus	11818
an amount that is the product of multiplying that tax valuation by	11819
the percentage by which the tax valuation has increased over the	11820
tax valuation on the first day of the sixtieth month preceding the	11821
month in which its board determines to submit to the electors the	11822
question of issuing the proposed securities;	11823

(b) ~~Nine~~Twelve per cent of the sum of its tax valuation plus	11824
an amount that is the product of multiplying that tax valuation by	11825
the percentage, determined by the superintendent of public	11826
instruction, by which that tax valuation is projected to increase	11827
during the next ten years.	11828

(F) A school district may issue securities for emergency	11829
purposes, in a principal amount that does not exceed an amount	11830
equal to three per cent of its tax valuation, as provided in this	11831
division.	11832

(1) A board of education, by resolution, may declare an	11833
emergency if it determines both of the following:	11834

(a) School buildings or other necessary school facilities in	11835
the district have been wholly or partially destroyed, or condemned	11836
by a constituted public authority, or that such buildings or	11837
facilities are partially constructed, or so constructed or planned	11838
as to require additions and improvements to them before the	11839
buildings or facilities are usable for their intended purpose, or	11840
that corrections to permanent improvements are necessary to remove	11841
or prevent health or safety hazards.	11842

(b) Existing fiscal and net indebtedness limitations make	11843
adequate replacement, additions, or improvements impossible.	11844

(2) Upon the declaration of an emergency, the board of	11845
education may, by resolution, submit to the electors of the	11846
district pursuant to section 133.18 of the Revised Code the	11847
question of issuing securities for the purpose of paying the cost,	11848
in excess of any insurance or condemnation proceeds received by	11849
the district, of permanent improvements to respond to the	11850
emergency need.	11851

(3) The procedures for the election shall be as provided in	11852
section 133.18 of the Revised Code, except that:	11853

(a) The form of the ballot shall describe the emergency	11854
existing, refer to this division as the authority under which the	11855
emergency is declared, and state that the amount of the proposed	11856
securities exceeds the limitations prescribed by division (B) of	11857
this section;	11858

(b) The resolution required by division (B) of section 133.18	11859
of the Revised Code shall be certified to the county auditor and	11860
the board of elections at least one hundred days prior to the	11861
election;	11862

(c) The county auditor shall advise and, not later than	11863
ninety-five days before the election, confirm that advice by	11864
certification to, the board of education of the information	11865
required by division (C) of section 133.18 of the Revised Code;	11866

(d) The board of education shall then certify its resolution	11867
and the information required by division (D) of section 133.18 of	11868
the Revised Code to the board of elections not less than ninety	11869
days prior to the election.	11870

(4) Notwithstanding division (B) of section 133.21 of the	11871
Revised Code, the first principal payment of securities issued	11872
under this division may be set at any date not later than sixty	11873
months after the earliest possible principal payment otherwise	11874
provided for in that division.	11875

(G) The board of education may contract with an architect,	11876
professional engineer, or other person experienced in the design	11877
and implementation of energy conservation measures for an analysis	11878
and recommendations pertaining to installations, modifications of	11879
installations, or remodeling that would significantly reduce	11880
energy consumption in buildings owned by the district. The report	11881
shall include estimates of all costs of such installations,	11882
modifications, or remodeling, including costs of design,	11883
engineering, installation, maintenance, repairs, and debt service,	11884
forgone residual value of materials or equipment replaced by the	11885
energy conservation measure, as defined by the Ohio school	11886
facilities commission, a baseline analysis of actual energy	11887
consumption data for the preceding five years, and estimates of	11888
the amounts by which energy consumption and resultant operational	11889
and maintenance costs, as defined by the ~~Ohio school facilities~~	11890
commission, would be reduced.	11891

If the board finds after receiving the report that the amount	11892
of money the district would spend on such installations,	11893
modifications, or remodeling is not likely to exceed the amount of	11894
money it would save in energy and resultant operational and	11895
maintenance costs over the ensuing fifteen years, the board may	11896
submit to the commission a copy of its findings and a request for	11897
approval to incur indebtedness to finance the making or	11898
modification of installations or the remodeling of buildings for	11899
the purpose of significantly reducing energy consumption.	11900

If the commission determines that the board's findings are	11901
reasonable, it shall approve the board's request. Upon receipt of	11902
the commission's approval, the district may issue securities	11903
without a vote of the electors in a principal amount not to exceed	11904
nine-tenths of one per cent of its tax valuation for the purpose	11905
of making such installations, modifications, or remodeling, but	11906
the total net indebtedness of the district without a vote of the	11907
electors incurred under this and all other sections of the Revised	11908
Code, except section 3318.052 of the Revised Code, shall not	11909
exceed one per cent of the district's tax valuation.	11910

So long as any securities issued under division (G) of this	11911
section remain outstanding, the board of education shall monitor	11912
the energy consumption and resultant operational and maintenance	11913
costs of buildings in which installations or modifications have	11914
been made or remodeling has been done pursuant to division (G) of	11915
this section and shall maintain and annually update a report	11916
documenting the reductions in energy consumption and resultant	11917
operational and maintenance cost savings attributable to such	11918
installations, modifications, or remodeling. The report shall be	11919
certified by an architect or engineer independent of any person	11920
that provided goods or services to the board in connection with	11921
the energy conservation measures that are the subject of the	11922
report. The resultant operational and maintenance cost savings	11923
shall be certified by the school district treasurer. The report	11924
shall be ~~made available~~submitted annually to the commission ~~upon~~	11925
~~request~~.	11926

(H) With the consent of the superintendent of public	11927
instruction, a school district may incur without a vote of the	11928
electors net indebtedness that exceeds the amounts stated in	11929
divisions (A) and (G) of this section for the purpose of paying	11930
costs of permanent improvements, if and to the extent that both of	11931
the following conditions are satisfied:	11932

(1) The fiscal officer of the school district estimates that	11933
receipts of the school district from payments made under or	11934
pursuant to agreements entered into pursuant to section 725.02,	11935
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	11936
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	11937
Code, or distributions under division (C) of section 5709.43 of	11938
the Revised Code, or any combination thereof, are, after	11939
accounting for any appropriate coverage requirements, sufficient	11940
in time and amount, and are committed by the proceedings, to pay	11941
the debt charges on the securities issued to evidence that	11942
indebtedness and payable from those receipts, and the taxing	11943
authority of the district confirms the fiscal officer's estimate,	11944
which confirmation is approved by the superintendent of public	11945
instruction;	11946

(2) The fiscal officer of the school district certifies, and	11947
the taxing authority of the district confirms, that the district,	11948
at the time of the certification and confirmation, reasonably	11949
expects to have sufficient revenue available for the purpose of	11950
operating such permanent improvements for their intended purpose	11951
upon acquisition or completion thereof, and the superintendent of	11952
public instruction approves the taxing authority's confirmation.	11953

The maximum maturity of securities issued under division (H)	11954
of this section shall be the lesser of twenty years or the maximum	11955
maturity calculated under section 133.20 of the Revised Code.	11956

(I) A school district may incur net indebtedness by the	11957
issuance of securities in accordance with the provisions of this	11958
chapter in excess of the limit specified in division (B) or (C) of	11959
this section when necessary to raise the school district portion	11960
of the basic project cost and any additional funds necessary to	11961
participate in a project under Chapter 3318. of the Revised Code,	11962
including the cost of items designated by the Ohio school	11963
facilities commission as required locally funded initiatives, the	11964
cost of other locally funded initiatives in an amount that does	11965
not exceed fifty per cent of the district's portion of the basic	11966
project cost, and the cost for site acquisition. The school	11967
facilities commission shall notify the superintendent of public	11968
instruction whenever a school district will exceed either limit	11969
pursuant to this division.	11970

(J) A school district whose portion of the basic project cost	11971
of its classroom facilities project under sections 3318.01 to	11972
3318.20 of the Revised Code is greater than or equal to one	11973
hundred million dollars may incur without a vote of the electors	11974
net indebtedness in an amount up to two per cent of its tax	11975
valuation through the issuance of general obligation securities in	11976
order to generate all or part of the amount of its portion of the	11977
basic project cost if the controlling board has approved the	11978
school facilities commission's conditional approval of the project	11979
under section 3318.04 of the Revised Code. The school district	11980
board and the Ohio school facilities commission shall include the	11981
dedication of the proceeds of such securities in the agreement	11982
entered into under section 3318.08 of the Revised Code. No state	11983
moneys shall be released for a project to which this section	11984
applies until the proceeds of any bonds issued under this section	11985
that are dedicated for the payment of the school district portion	11986
of the project are first deposited into the school district's	11987
project construction fund.	11988

Sec. 133.09. (A) Unless it is a township that has adopted a	11989
limited home rule government under Chapter 504. of the Revised	11990
Code, a township shall not incur net indebtedness that exceeds an	11991
amount equal to five per cent of its tax valuation and, except as	11992
specifically authorized by section 505.262 of the Revised Code or	11993
other laws, shall not incur any net indebtedness unless authorized	11994
by vote of the electors.	11995

(B) A township that has adopted a limited home rule	11996
government under Chapter 504. of the Revised Code shall not incur	11997
net indebtedness that exceeds an amount equal to ten and one-half	11998
per cent of its tax valuation, or incur without a vote of the	11999
electors net indebtedness that exceeds an amount equal to five and	12000
one-half per cent of that tax valuation. In calculating the net	12001
indebtedness of a township that has adopted a limited home rule	12002
government, none of the following securities shall be considered:	12003

(1) Self-supporting securities issued for any purpose;

12004

(2) Securities issued for the purpose of purchasing,	12005
constructing, improving, or extending water or sanitary or surface	12006
and storm water sewerage systems or facilities, or a combination	12007
of those systems or facilities, to the extent that an agreement	12008
entered into with another subdivision requires the other	12009
subdivision to pay to the township amounts equivalent to debt	12010
charges on the securities;	12011

(3) Securities that are not general obligations of the	12012
township;	12013

(4) Voted securities issued for the purposes of redevelopment	12014
to the extent that their principal amount does not exceed an	12015
amount equal to two per cent of the tax valuation of the township;	12016

(5) Securities issued for the purpose of acquiring or	12017
constructing roads, highways, bridges, or viaducts, or for the	12018
purpose of acquiring or making other highway permanent	12019
improvements, to the extent that the resolution of the board of	12020
township trustees authorizing the issuance of the securities	12021
includes a covenant to appropriate from money distributed to the	12022
township under Chapter 4501., 4503., 4504., or 5735. of the	12023
Revised Code a sufficient amount to cover debt charges on and	12024
financing costs relating to the securities as they become due;	12025

(6) Securities issued for energy conservation measures under	12026
section 505.264 of the Revised Code.	12027

(C) In calculating the net indebtedness of any township, no	12028
obligation incurred under division (B) of section 513.17 or under	12029
section 505.261, 505.264, 505.265, 505.267, or 505.37 of the	12030
Revised Code, or in connection with a project undertaken pursuant	12031
to Section 515.03 of H.B. 66 of the 126th general assembly or,	12032
Section 555.10 of H.B. 67 of the 127th general assembly, or	12033
Section 755.20 of H.B. 153 of the 129th general assembly shall be	12034
considered.	12035

Sec. 133.18. (A) The taxing authority of a subdivision may	12036
by legislation submit to the electors of the subdivision the	12037
question of issuing any general obligation bonds, for one purpose,	12038
that the subdivision has power or authority to issue.	12039

(B) When the taxing authority of a subdivision desires or is	12040
required by law to submit the question of a bond issue to the	12041
electors, it shall pass legislation that does all of the	12042
following:	12043

(1) Declares the necessity and purpose of the bond issue;

12044

(2) States the date of the authorized election at which the	12045
question shall be submitted to the electors;	12046

(3) States the amount, approximate date, estimated net	12047
average rate of interest, and maximum number of years over which	12048
the principal of the bonds may be paid;	12049

(4) Declares the necessity of levying a tax outside the tax	12050
limitation to pay the debt charges on the bonds and any	12051
anticipatory securities.	12052

The estimated net average interest rate shall be determined	12053
by the taxing authority based on, among other factors, then	12054
existing market conditions, and may reflect adjustments for any	12055
anticipated direct payments expected to be received by the taxing	12056
authority from the government of the United States relating to the	12057
bonds and the effect of any federal tax credits anticipated to be	12058
available to owners of all or a portion of the bonds. The	12059
estimated net average rate of interest, and any statutory or	12060
charter limit on interest rates that may then be in effect and	12061
that is subsequently amended, shall not be a limitation on the	12062
actual interest rate or rates on the securities when issued.	12063

(C)(1) The taxing authority shall certify a copy of the	12064
legislation passed under division (B) of this section to the	12065
county auditor. The county auditor shall promptly calculate and	12066
advise and, not later than seventy-five days before the election,	12067
confirm that advice by certification to, the taxing authority the	12068
estimated average annual property tax levy, expressed in cents or	12069
dollars and cents for each one hundred dollars of tax valuation	12070
and in mills for each one dollar of tax valuation, that the county	12071
auditor estimates to be required throughout the stated maturity of	12072
the bonds to pay the debt charges on the bonds. In calculating the	12073
estimated average annual property tax levy for this purpose, the	12074
county auditor shall assume that the bonds are issued in one	12075
series bearing interest and maturing in substantially equal	12076
principal amounts in each year over the maximum number of years	12077
over which the principal of the bonds may be paid as stated in	12078
that legislation, and that the amount of the tax valuation of the	12079
subdivision for the current year remains the same throughout the	12080
maturity of the bonds, except as otherwise provided in division	12081
(C)(2) of this section. If the tax valuation for the current year	12082
is not determined, the county auditor shall base the calculation	12083
on the estimated amount of the tax valuation submitted by the	12084
county auditor to the county budget commission. If the subdivision	12085
is located in more than one county, the county auditor shall	12086
obtain the assistance of the county auditors of the other	12087
counties, and those county auditors shall provide assistance, in	12088
establishing the tax valuation of the subdivision for purposes of	12089
certifying the estimated average annual property tax levy.	12090

(2) When considering the tangible personal property component	12091
of the tax valuation of the subdivision, the county auditor shall	12092
take into account the assessment percentages prescribed in section	12093
5711.22 of the Revised Code. The tax commissioner may issue rules,	12094
orders, or instructions directing how the assessment percentages	12095
must be utilized.	12096

(D) After receiving the county auditor's advice under	12097
division (C) of this section, the taxing authority by legislation	12098
may determine to proceed with submitting the question of the issue	12099
of securities, and shall, not later than the seventy-fifth day	12100
before the day of the election, file the following with the board	12101
of elections:	12102

(1) Copies of the legislation provided for in divisions (B)	12103
and (D) of this section;	12104

(2) The amount of the estimated average annual property tax	12105
levy, expressed in cents or dollars and cents for each one hundred	12106
dollars of tax valuation and in mills for each one dollar of tax	12107
valuation, as estimated and certified to the taxing authority by	12108
the county auditor.	12109

(E)(1) The board of elections shall prepare the ballots and	12110
make other necessary arrangements for the submission of the	12111
question to the electors of the subdivision. If the subdivision is	12112
located in more than one county, the board shall inform the boards	12113
of elections of the other counties of the filings with it, and	12114
those other boards shall if appropriate make the other necessary	12115
arrangements for the election in their counties. The election	12116
shall be conducted, canvassed, and certified in the manner	12117
provided in Title XXXV of the Revised Code.	12118

(2) The election shall be held at the regular places for	12119
voting in the subdivision. If the electors of only a part of a	12120
precinct are qualified to vote at the election the board of	12121
elections may assign the electors in that part to an adjoining	12122
precinct, including an adjoining precinct in another county if the	12123
board of elections of the other county consents to and approves	12124
the assignment. Each elector so assigned shall be notified of that	12125
fact prior to the election by notice mailed by the board of	12126
elections, in such manner as it determines, prior to the election.	12127

(3) The board of elections shall publish a notice of the	12128
election,once in ~~one or more newspapers~~a newspaper of general	12129
circulation in the subdivision, ~~at least once~~ no later than ten	12130
days prior to the election. The notice shall state all of the	12131
following:	12132

(a) The principal amount of the proposed bond issue;

12133

(b) The stated purpose for which the bonds are to be issued;

12134

(c) The maximum number of years over which the principal of	12135
the bonds may be paid;	12136

(d) The estimated additional average annual property tax	12137
levy, expressed in cents or dollars and cents for each one hundred	12138
dollars of tax valuation and in mills for each one dollar of tax	12139
valuation, to be levied outside the tax limitation, as estimated	12140
and certified to the taxing authority by the county auditor;	12141

(e) The first calendar year in which the tax is expected to	12142
be due.	12143

(F)(1) The form of the ballot to be used at the election	12144
shall be substantially either of the following, as applicable:	12145

(a) "Shall bonds be issued by the ............ (name of	12146
subdivision) for the purpose of ........... (purpose of the bond	12147
issue) in the principal amount of .......... (principal amount of	12148
the bond issue), to be repaid annually over a maximum period of	12149
.......... (the maximum number of years over which the principal	12150
of the bonds may be paid) years, and an annual levy of property	12151
taxes be made outside the .......... (as applicable, "ten-mill" or	12152
"...charter tax") limitation, estimated by the county auditor to	12153
average over the repayment period of the bond issue ..........	12154
(number of mills) mills for each one dollar of tax valuation,	12155
which amounts to .......... (rate expressed in cents or dollars	12156
and cents, such as "36 cents" or "$1.41") for each one hundred	12157
dollars of tax valuation, commencing in .......... (first year the	12158
tax will be levied), first due in calendar year .......... (first	12159
calendar year in which the tax shall be due), to pay the annual	12160
debt charges on the bonds, and to pay debt charges on any notes	12161
issued in anticipation of those bonds?	12162

12163

		For the bond issue			12164
		Against the bond issue	"		12165

12166

(b) In the case of an election held pursuant to legislation	12167
adopted under section 3375.43 or 3375.431 of the Revised Code:	12168

"Shall bonds be issued for .......... (name of library) for	12169
the purpose of .......... (purpose of the bond issue), in the	12170
principal amount of .......... (amount of the bond issue) by	12171
.......... (the name of the subdivision that is to issue the bonds	12172
and levy the tax) as the issuer of the bonds, to be repaid	12173
annually over a maximum period of .......... (the maximum number	12174
of years over which the principal of the bonds may be paid) years,	12175
and an annual levy of property taxes be made outside the ten-mill	12176
limitation, estimated by the county auditor to average over the	12177
repayment period of the bond issue .......... (number of mills)	12178
mills for each one dollar of tax valuation, which amounts to	12179
.......... (rate expressed in cents or dollars and cents, such as	12180
"36 cents" or "$1.41") for each one hundred dollars of tax	12181
valuation, commencing in .......... (first year the tax will be	12182
levied), first due in calendar year .......... (first calendar	12183
year in which the tax shall be due), to pay the annual debt	12184
charges on the bonds, and to pay debt charges on any notes issued	12185
in anticipation of those bonds?	12186

12187

		For the bond issue			12188
		Against the bond issue	"		12189

12190

(2) The purpose for which the bonds are to be issued shall be	12191
printed in the space indicated, in boldface type.	12192

(G) The board of elections shall promptly certify the results	12193
of the election to the tax commissioner, the county auditor of	12194
each county in which any part of the subdivision is located, and	12195
the fiscal officer of the subdivision. The election, including the	12196
proceedings for and result of the election, is incontestable other	12197
than in a contest filed under section 3515.09 of the Revised Code	12198
in which the plaintiff prevails.	12199

(H) If a majority of the electors voting upon the question	12200
vote for it, the taxing authority of the subdivision may proceed	12201
under sections 133.21 to 133.33 of the Revised Code with the	12202
issuance of the securities and with the levy and collection of a	12203
property tax outside the tax limitation during the period the	12204
securities are outstanding sufficient in amount to pay the debt	12205
charges on the securities, including debt charges on any	12206
anticipatory securities required to be paid from that tax. If	12207
legislation passed under section 133.22 or 133.23 of the Revised	12208
Code authorizing those securities is filed with the county auditor	12209
on or before the last day of November, the amount of the voted	12210
property tax levy required to pay debt charges or estimated debt	12211
charges on the securities payable in the following year shall if	12212
requested by the taxing authority be included in the taxes levied	12213
for collection in the following year under section 319.30 of the	12214
Revised Code.	12215

(I)(1) If, before any securities authorized at an election	12216
under this section are issued, the net indebtedness of the	12217
subdivision exceeds that applicable to that subdivision or those	12218
securities, then and so long as that is the case none of the	12219
securities may be issued.	12220

(2) No securities authorized at an election under this	12221
section may be initially issued after the first day of the sixth	12222
January following the election, but this period of limitation	12223
shall not run for any time during which any part of the permanent	12224
improvement for which the securities have been authorized, or the	12225
issuing or validity of any part of the securities issued or to be	12226
issued, or the related proceedings, is involved or questioned	12227
before a court or a commission or other tribunal, administrative	12228
agency, or board.	12229

(3) Securities representing a portion of the amount	12230
authorized at an election that are issued within the applicable	12231
limitation on net indebtedness are valid and in no manner affected	12232
by the fact that the balance of the securities authorized cannot	12233
be issued by reason of the net indebtedness limitation or lapse of	12234
time.	12235

(4) Nothing in this division (I) shall be interpreted or	12236
applied to prevent the issuance of securities in an amount to fund	12237
or refund anticipatory securities lawfully issued.	12238

(5) The limitations of divisions (I)(1) and (2) of this	12239
section do not apply to any securities authorized at an election	12240
under this section if at least ten per cent of the principal	12241
amount of the securities, including anticipatory securities,	12242
authorized has theretofore been issued, or if the securities are	12243
to be issued for the purpose of participating in any federally or	12244
state-assisted program.	12245

(6) The certificate of the fiscal officer of the subdivision	12246
is conclusive proof of the facts referred to in this division.	12247

Sec. 133.20. (A) This section applies to bonds that are	12248
general obligation Chapter 133. securities. If the bonds are	12249
payable as to principal by provision for annual installments, the	12250
period of limitations on their last maturity, referred to as their	12251
maximum maturity, shall be measured from a date twelve months	12252
prior to the first date on which provision for payment of	12253
principal is made. If the bonds are payable as to principal by	12254
provision for semiannual installments, the period of limitations	12255
on their last maturity shall be measured from a date six months	12256
prior to the first date on which provision for payment of	12257
principal is made.	12258

(B) Bonds issued for the following permanent improvements or	12259
for permanent improvements for the following purposes shall have	12260
maximum maturities not exceeding the number of years stated:	12261

(1) Fifty years:

12262

(a) The clearance and preparation of real property for	12263
redevelopment as an urban redevelopment project;	12264

(b) Acquiring, constructing, widening, relocating, enlarging,	12265
extending, and improving a publicly owned railroad or line of	12266
railway or a light or heavy rail rapid transit system, including	12267
related bridges, overpasses, underpasses, and tunnels, but not	12268
including rolling stock or equipment;	12269

(c) Pursuant to section 307.675 of the Revised Code,	12270
constructing or repairing a bridge using long life expectancy	12271
material for the bridge deck, and purchasing, installing, and	12272
maintaining any performance equipment to monitor the physical	12273
condition of a bridge so constructed or repaired. Additionally,	12274
the average maturity of the bonds shall not exceed the expected	12275
useful life of the bridge deck as determined by the county	12276
engineer under that section.	12277

(2) Forty years:

12278

(a) General waterworks or water system permanent	12279
improvements, including buildings, water mains, or other	12280
structures and facilities in connection therewith;	12281

(b) Sewers or sewage treatment or disposal works or	12282
facilities, including fireproof buildings or other structures in	12283
connection therewith;	12284

(c) Storm water drainage, surface water, and flood prevention	12285
facilities.	12286

(3) Thirty-five years:

12287

(a) An arena, a convention center, or a combination of an	12288
arena and convention center under section 307.695 of the Revised	12289
Code;	12290

(b) Sports facilities.

12291

(4) Thirty years:

12292

(a) Municipal recreation, excluding recreational equipment;

12293

(b) Urban redevelopment projects;

12294

(c) Acquisition of real property, except as provided in	12295
division (F) of this section;	12296

(d) Street or alley lighting purposes or relocating overhead	12297
wires, cables, and appurtenant equipment underground.	12298

(5) Twenty years: constructing, reconstructing, widening,	12299
opening, improving, grading, draining, paving, extending, or	12300
changing the line of roads, highways, expressways, freeways,	12301
streets, sidewalks, alleys, or curbs and gutters, and related	12302
bridges, viaducts, overpasses, underpasses, grade crossing	12303
eliminations, service and access highways, and tunnels.	12304

(6) Fifteen years:

12305

(a) Resurfacing roads, highways, streets, or alleys;

12306

(b) Alarm, telegraph, or other communications systems for	12307
police or fire departments or other emergency services;	12308

12309

(d) Energy conservation measures as authorized by section	12310
133.06 of the Revised Code.	12311

(7) Ten years:

12312

(a) Water meters;

12313

(b) Fire department apparatus and equipment;

12314

(c) Road rollers and other road construction and servicing	12315
vehicles;	12316

(d) Furniture, equipment, and furnishings;

12317

(e) Landscape planting and other site improvements;

12318

(f) Playground, athletic, and recreational equipment and	12319
apparatus;	12320

(g) Energy conservation measures as authorized by section	12321
505.264 of the Revised Code.	12322

(8) Five years: New motor vehicles other than those described	12323
in any other division of this section and those for which	12324
provision is made in other provisions of the Revised Code.	12325

(C) Bonds issued for any permanent improvements not within	12326
the categories set forth in division (B) of this section shall	12327
have maximum maturities of from five to thirty years as the fiscal	12328
officer estimates is the estimated life or period of usefulness of	12329
those permanent improvements. Bonds issued under section 133.51 of	12330
the Revised Code for purposes other than permanent improvements	12331
shall have the maturities, not to exceed forty years, that the	12332
taxing authority shall specify. Bonds issued for energy	12333
conservation measures under section 307.041 of the Revised Code	12334
shall have maximum maturities not exceeding the lesser of the	12335
average life of the energy conservation measures as detailed in	12336
the energy conservation report prepared under that section or	12337
thirty years.	12338

(D) Securities issued under section 505.265 of the Revised	12339
Code shall mature not later than December 31, 2035.	12340

(E) A securities issue for one purpose may include permanent	12341
improvements within two or more categories under divisions (B) and	12342
(C) of this section. The maximum maturity of such a bond issue	12343
shall not exceed the average number of years of life or period of	12344
usefulness of the permanent improvements as measured by the	12345
weighted average of the amounts expended or proposed to be	12346
expended for the categories of permanent improvements.	12347

(F) Securities issued by a school district or county to	12348
acquire or construct real property shall have a maximum maturity	12349
longer than thirty years, but not longer than forty years, if the	12350
~~school district's~~ fiscal officer of the school district or county	12351
estimates the real property's useful life to be longer than thirty	12352
years, and certifies that estimate to the board of education or	12353
board of county commissioners, respectively.	12354

Sec. 133.55. Before adopting any reassessment provided for	12355
in section 133.54 of the Revised Code, the fiscal officer shall	12356
prepare and file for public inspection a list containing the names	12357
of the owners, a tax duplicate description of each parcel of land	12358
on which the reassessment will be levied, and the total amount to	12359
be reassessed, separately stated as to each parcel, and the taxing	12360
authority shall publish notice for two consecutive weeks in a	12361
newspaper of general circulation in the political subdivision, or	12362
as provided in section 7.16 of the Revised Code, that such	12363
reassessment has been prepared by the fiscal officer and that it	12364
is on file in ~~his~~the fiscal officer's office for the inspection	12365
and examination of the persons interested therein. Sections	12366
727.13, 727.15, and 727.16 of the Revised Code do not apply to any	12367
such assessments, but any person may file objections in writing	12368
with the fiscal officer within one week after the expiration of	12369
such notice and the taxing authority shall hear and determine any	12370
such objections at its next meeting. Such objections shall be	12371
limited solely to matters of description of parcels and owners and	12372
of computations of amounts, and no matters concluded by any	12373
proceedings on the original assessments shall form the basis for	12374
any such objections. When the reassessment list is confirmed by	12375
the taxing authority, it shall be complete and final and shall be	12376
recorded in the office of the fiscal officer.	12377

Sec. 135.05. Each governing board shall, at least three	12378
weeks prior to the date when it is required by section 135.12 of	12379
the Revised Code to designate public depositories, by resolution,	12380
estimate the aggregate maximum amount of public moneys subject to	12381
its control to be awarded and be on deposit as inactive deposits.	12382
The state board of deposit shall cause a copy of such resolution,	12383
together with a notice of the date on which the meeting of the	12384
board for the designation of such depositories will be held and	12385
the period for which such inactive deposits will be awarded, to be	12386
published once a week for two consecutive weeks in two newspapers	12387
of general circulation in each of the three most populous	12388
counties. The governing board of each subdivision shall cause a	12389
copy of such resolution, together with a notice of the date on	12390
which the meeting of the board for the designation of such	12391
depositories will be held and the period for which such inactive	12392
deposits will be awarded, to be published once a week for two	12393
consecutive weeks in ~~two newspapers~~a newspaper of ~~opposite~~	12394
~~politics and of~~ general circulation in the county or as provided	12395
in section 7.16 of the Revised Code. If a subdivision is located	12396
in more than one county, such publication shall be made in	12397
~~newspapers published~~a newspaper of general circulation in the	12398
county in which the major part of such subdivision is located, and	12399
of general circulation in the subdivision. A written notice	12400
stating the aggregate maximum amount to be awarded as inactive	12401
deposits of the subdivision shall be given to each eligible	12402
depository by the governing board at the time the first	12403
publication is made in the ~~newspapers~~newspaper.	12404

All deposits of the public moneys of the state or any	12405
subdivision made during the period covered by the designation in	12406
excess of the aggregate amount so estimated shall be active	12407
deposits or interim deposits. Inactive, interim, and active	12408
deposits shall be separately awarded, made, and administered as	12409
provided by sections 135.01 to 135.21~~, inclusive,~~ of the Revised	12410
Code.	12411

Sec. 135.61. As used in sections 135.61 to 135.67 of the	12412
Revised Code:	12413

(A) "Eligible small business" means any person, including,	12414
but not limited to a person engaged in agriculture, that has all	12415
of the following characteristics:	12416

(1) Is headquartered in this state;

12417

(2) Maintains offices and operating facilities exclusively in	12418
this state and transacts business in this state;	12419

(3) Employs fewer than one hundred fifty employees, the	12420
majority of whom are residents of this state;	12421

(4) Is organized for profit.

12422

(B) "Eligible lending institution" means a financial	12423
institution that is eligible to make commercial loans, is a public	12424
depository of state funds under section 135.03 of the Revised	12425
Code, and agrees to participate in the linked deposit program.	12426

(C) "Linked deposit" means a certificate of deposit or other	12427
financial institution instrument placed by the treasurer of state	12428
with an eligible lending institution at a rate below current	12429
market rates, as determined and calculated by the treasurer of	12430
state, provided the institution agrees to lend the value of such	12431
deposit, according to the deposit agreement provided in division	12432
(C) of section 135.65 of the Revised Code, to eligible small	12433
businesses at a rate that reflects an equal percentage rate	12434
reduction below the present borrowing rate applicable to each	12435
specific business at the time of the deposit of state funds in the	12436
institution.	12437

(D) "Other financial institution instrument" has the same	12438
meaning as in section 135.81 of the Revised Code.	12439

Sec. 135.65. (A) The treasurer of state may accept or reject	12440
a linked deposit loan package or any portion thereof, based on the	12441
treasurer's evaluation of the eligible small businesses included	12442
in the package and the amount of state funds to be deposited. When	12443
evaluating the eligible small businesses, the treasurer shall give	12444
priority to the economic needs of the area where the business is	12445
located and the ratio of state funds to be deposited to jobs	12446
sustained or created and shall also consider any reports,	12447
statements, or plans applicable to the business, the overall	12448
financial need of the business, and such other factors as the	12449
treasurer considers appropriate.	12450

(B) Upon acceptance of the linked deposit loan package or any	12451
portion thereof, the treasurer of state may place certificates of	12452
deposit or other financial institution instruments with the	12453
eligible lending institution at a rate below current market rates,	12454
as determined and calculated by the treasurer of state. When	12455
necessary, the treasurer may place certificates of deposit or	12456
other financial institution instruments prior to acceptance of a	12457
linked deposit loan package.	12458

(C) The eligible lending institution shall enter into a	12459
deposit agreement with the treasurer of state, which shall include	12460
requirements necessary to carry out the purposes of sections	12461
135.61 to 135.67 of the Revised Code. Such requirements shall	12462
reflect the market conditions prevailing in the eligible lending	12463
institution's lending area. The agreement may include a	12464
specification of the period of time in which the lending	12465
institution is to lend funds upon the placement of a linked	12466
deposit, and shall include provisions for the certificates of	12467
deposit or other financial institution instruments to be placed	12468
for any maturity considered appropriate by the treasurer of state	12469
not to exceed two years, and may be renewed for up to an	12470
additional two years at the option of the treasurer. Interest	12471
shall be paid at the times determined by the treasurer of state.	12472

(D) Eligible lending institutions shall comply fully with	12473
Chapter 135. of the Revised Code.	12474

Sec. 135.66. (A) Upon the placement of a linked deposit with	12475
an eligible lending institution, such institution is required to	12476
lend such funds to each approved eligible small business listed in	12477
the linked deposit loan package required by division (D) of	12478
section 135.64 of the Revised Code and in accordance with the	12479
deposit agreement required by division (C) of section 135.65 of	12480
the Revised Code. The loan shall be at a rate that reflects a	12481
percentage rate reduction below the present borrowing rate	12482
applicable to each business that is equal to the percentage rate	12483
reduction below market rates at which the ~~certificate~~certificates	12484
of ~~deposits~~deposit or other financial institution instruments	12485
that constitute the linked deposit were placed. A certification of	12486
compliance with this section in the form and manner as prescribed	12487
by the treasurer of state shall be required of the eligible	12488
lending institution.	12489

(B) The treasurer of state shall take any and all steps	12490
necessary to implement the linked deposit program and monitor	12491
compliance of eligible lending institutions and eligible small	12492
businesses, including the development of guidelines as necessary.	12493
The treasurer of state and the department of development shall	12494
notify each other at least quarterly of the names of the	12495
businesses receiving financial assistance from their respective	12496
programs.	12497

Annually, by the first day of February, the treasurer of	12498
state shall report on the linked deposits program for the	12499
preceding calendar year to the governor, the speaker of the house	12500
of representatives, and the president of the senate. The speaker	12501
of the house shall transmit copies of this report to the	12502
chairpersons of the standing committees in the house which	12503
customarily consider legislation regarding agriculture and small	12504
business, and the president of the senate shall transmit copies of	12505
this report to the chairpersons of the standing committees in the	12506
senate which customarily consider legislation regarding	12507
agriculture and small business. The report shall set forth the	12508
linked deposits made by the treasurer of state under the program	12509
during the year and shall include information regarding the	12510
nature, terms, and amounts of the loans upon which the linked	12511
deposits were based and the eligible small businesses to which the	12512
loans were made.	12513

Sec. 145.27. (A)(1) As used in this division, "personal	12514
history record" means information maintained by the public	12515
employees retirement board on an individual who is a member,	12516
former member, contributor, former contributor, retirant, or	12517
beneficiary that includes the address, telephone number, social	12518
security number, record of contributions, correspondence with the	12519
public employees retirement system, or other information the board	12520
determines to be confidential.	12521

(2) The records of the board shall be open to public	12522
inspection, except that the following shall be excluded, except	12523
with the written authorization of the individual concerned:	12524

(a) The individual's statement of previous service and other	12525
information as provided for in section 145.16 of the Revised Code;	12526

(b) The amount of a monthly allowance or benefit paid to the	12527
individual;	12528

12529

(B) All medical reports and recommendations required by this	12530
chapter are privileged, except as follows:	12531

(1) Copies of medical reports or recommendations shall be	12532
made available to the personal physician, attorney, or authorized	12533
agent of the individual concerned upon written release from the	12534
individual or the individual's agent, or when necessary for the	12535
proper administration of the fund, to the board assigned	12536
physician.	12537

(2) Documentation required by section 2929.193 of the Revised	12538
Code shall be provided to a court holding a hearing under that	12539
section.	12540

(C) Any person who is a member or contributor of the system	12541
shall be furnished with a statement of the amount to the credit of	12542
the individual's account upon written request. The board is not	12543
required to answer more than one such request of a person in any	12544
one year. The board may issue annual statements of accounts to	12545
members and contributors.	12546

(D) Notwithstanding the exceptions to public inspection in	12547
division (A)(2) of this section, the board may furnish the	12548
following information:	12549

(1) If a member, former member, contributor, former	12550
contributor, or retirant is subject to an order issued under	12551
section 2907.15 of the Revised Code or an order issued under	12552
division (A) or (B) of section 2929.192 of the Revised Code or is	12553
convicted of or pleads guilty to a violation of section 2921.41 of	12554
the Revised Code, on written request of a prosecutor as defined in	12555
section 2935.01 of the Revised Code, the board shall furnish to	12556
the prosecutor the information requested from the individual's	12557
personal history record.	12558

(2) Pursuant to a court or administrative order issued	12559
pursuant to Chapter 3119., 3121., 3123., or 3125. of the Revised	12560
Code, the board shall furnish to a court or child support	12561
enforcement agency the information required under that section.	12562

(3) At the written request of any person, the board shall	12563
provide to the person a list of the names and addresses of	12564
members, former members, contributors, former contributors,	12565
retirants, or beneficiaries. The costs of compiling, copying, and	12566
mailing the list shall be paid by such person.	12567

(4) Within fourteen days after receiving from the director of	12568
job and family services a list of the names and social security	12569
numbers of recipients of public assistance pursuant to section	12570
5101.181 of the Revised Code, the board shall inform the auditor	12571
of state of the name, current or most recent employer address, and	12572
social security number of each member whose name and social	12573
security number are the same as that of a person whose name or	12574
social security number was submitted by the director. The board	12575
and its employees shall, except for purposes of furnishing the	12576
auditor of state with information required by this section,	12577
preserve the confidentiality of recipients of public assistance in	12578
compliance with ~~division (A) of~~ section 5101.181 of the Revised	12579
Code.	12580

(5) The system shall comply with orders issued under section	12581
3105.87 of the Revised Code.	12582

On the written request of an alternate payee, as defined in	12583
section 3105.80 of the Revised Code, the system shall furnish to	12584
the alternate payee information on the amount and status of any	12585
amounts payable to the alternate payee under an order issued under	12586
section 3105.171 or 3105.65 of the Revised Code.	12587

(6) At the request of any person, the board shall make	12588
available to the person copies of all documents, including	12589
resumes, in the board's possession regarding filling a vacancy of	12590
an employee member or retirant member of the board. The person who	12591
made the request shall pay the cost of compiling, copying, and	12592
mailing the documents. The information described in division	12593
(D)(6) of this section is a public record.	12594

(7) The system shall provide the notice required by section	12595
145.573 of the Revised Code to the prosecutor assigned to the	12596
case.	12597

(E) A statement that contains information obtained from the	12598
system's records that is signed by the executive director or an	12599
officer of the system and to which the system's official seal is	12600
affixed, or copies of the system's records to which the signature	12601
and seal are attached, shall be received as true copies of the	12602
system's records in any court or before any officer of this state.	12603

Sec. 145.56. The right of an individual to a pension, an	12604
annuity, or a retirement allowance itself, the right of an	12605
individual to any optional benefit, any other right accrued or	12606
accruing to any individual, under this chapter, or under any	12607
municipal retirement system established subject to this chapter	12608
under the laws of this state or any charter, the various funds	12609
created by this chapter, or under such municipal retirement	12610
system, and all moneys, investments, and income from moneys or	12611
investments are exempt from any state tax, except the tax imposed	12612
by section 5747.02 of the Revised Code, and are exempt from any	12613
county, municipal, or other local tax, except income taxes imposed	12614
pursuant to section 5748.02 or, 5748.08, or 5748.09 of the Revised	12615
Code, and, except as provided in sections 145.57, 145.572,	12616
145.573, 3105.171, 3105.65, and 3115.32 and Chapters 3119., 3121.,	12617
3123., and 3125. of the Revised Code, shall not be subject to	12618
execution, garnishment, attachment, the operation of bankruptcy or	12619
insolvency laws, or other process of law whatsoever, and shall be	12620
unassignable except as specifically provided in this chapter and	12621
sections 3105.171, 3105.65, and 3115.32 and Chapters 3119., 3121.,	12622
3123., and 3125. of the Revised Code.	12623

Sec. 149.01. Each elective state officer, the adjutant	12624
general, the adult parole authority, the department of	12625
agriculture, the director of administrative services, the public	12626
utilities commission, the superintendent of insurance, the	12627
superintendent of financial institutions, the superintendent of	12628
purchases and printing, the state commissioner of soldiers'	12629
claims, the fire marshal, the industrial commission, the	12630
administrator of workers' compensation, the state department of	12631
transportation, the department of health, the state medical board,	12632
the state dental board, the board of embalmers and funeral	12633
directors, the Ohio commission for the blind, the accountancy	12634
board of Ohio, the state council of uniform state laws, the board	12635
of commissioners of the sinking fund, the department of taxation,	12636
the board of tax appeals, ~~the clerk of the supreme court,~~ the	12637
division of liquor control, the director of state armories, the	12638
trustees of the Ohio state university, and every private or	12639
quasi-public institution, association, board, or corporation	12640
receiving state money for its use and purpose shall make annually,	12641
at the end of each fiscal year, in quadruplicate, a report of the	12642
transactions and proceedings of that office or department for that	12643
fiscal year, excepting receipts and disbursements unless otherwise	12644
specifically required by law. The report shall contain a summary	12645
of the official acts of the officer, board, council, commission,	12646
institution, association, or corporation and any suggestions and	12647
recommendations that are proper. On the first day of August of	12648
each year, one of the reports shall be filed with the governor,	12649
one with the secretary of state, and one with the state library,	12650
and one shall be kept on file in the office of the officer, board,	12651
council, commission, institution, association, or corporation.	12652

Sec. 149.091. (A) ~~Except as otherwise provided in division~~	12653
~~(C) of this section, the~~The secretary of state shall compile,	12654
publish, and distribute the session laws either annually or	12655
biennially in a paper or electronic format ~~a maximum of nine~~	12656
~~hundred copies of the session laws~~. The annual or biennial	12657
publication shall contain all enrolled acts and joint resolutions.	12658
~~The secretary of state shall cause to be printed with each~~	12659
~~compilation of enrolled acts and joint resolutions distributed~~, a	12660
subject index, a table indicating Revised Code sections affected,	12661
and the secretary of state's certificate that the laws, as	12662
compiled and distributed, are true copies of the original enrolled	12663
acts or joint resolutions in the secretary of state's office.	12664

(B)(1) The secretary of state ~~shall~~may distribute the	12665
~~compilations~~paper or electronic format of the session laws in	12666
free of charge to the following ~~manner~~persons or entities:	12667

~~(1) One shall be forwarded to each~~(a) Each county auditor.

12668

~~(2) One shall be forwarded to each~~(b) Each county law	12669
library.	12670

~~(3) Two hundred may be distributed, free of charge, to~~(c)	12671
Other public officials upon request of the public official.	12672

~~(4) Remaining compilations may be sold by the secretary of~~	12673
~~state at a price that shall not exceed the actual cost of~~	12674
~~publication and distribution.~~	12675

~~(B) Notwithstanding division (C) of this section, the~~	12676
~~secretary of state shall compile, publish, and distribute, either~~	12677
~~annually or biennially, in permanently bound volumes, a minimum of~~	12678
~~twenty-five copies of the session laws. The annual or biennial~~	12679
~~volumes shall contain copies of all enrolled acts and joint~~	12680
~~resolutions. The secretary of state shall cause to be printed with~~	12681
~~each volume of enrolled acts and joint resolutions distributed a~~	12682
~~subject index, a table indicating Revised Code sections affected,~~	12683
~~and the secretary of state's certificate that the laws so~~	12684
~~assembled are true copies of the original enrolled acts or joint~~	12685
~~resolutions in the secretary of state's office.~~	12686

(2) The secretary of state shall distribute the ~~permanently~~	12687
~~bound volumes~~paper or electronic format of the session laws in	12688
free of charge to the following ~~manner~~persons or entities:	12689

~~(1) Five copies shall be forwarded to the~~(a) The clerk of	12690
the house of representatives.	12691

~~(2) Five copies shall be forwarded to the~~(b) The clerk of	12692
the senate.	12693

~~(3) Five copies shall be forwarded to the~~(c) The legislative	12694
service commission.	12695

~~(4) Two copies shall be forwarded to the~~(d) The Ohio supreme	12696
court.	12697

~~(5) Two copies shall be forwarded to the~~(e) The document	12698
division of the library of congress.	12699

~~(6) Two copies shall be forwarded to the~~(f) The state	12700
library.	12701

~~(7) Two copies shall be forwarded to the~~(g) The Ohio	12702
historical society.	12703

~~(8) Two copies shall be retained by the~~The secretary of	12704
state shall retain a paper or electronic format of the session	12705
laws.	12706

(C) ~~The secretary of state annually or biennially may~~	12707
~~compile, publish, and distribute the session laws in an electronic~~	12708
~~format instead of compiling and publishing the session laws as~~	12709
~~provided in division (A) of this section. If the secretary of~~	12710
~~state compiles and publishes the session laws in an electronic~~	12711
~~format, the following apply:~~	12712

~~(1) The session laws in electronic format shall include~~	12713
~~copies of all enrolled acts and joint resolutions and shall~~	12714
~~contain a subject index and a table indicating Revised Code~~	12715
~~sections affected.~~	12716

~~(2) Each compilation of the session laws in electronic format~~	12717
~~shall include the secretary of state's certificate that the laws~~	12718
~~so compiled and published are true copies of the original enrolled~~	12719
~~acts and joint resolutions in the secretary of state's office.~~	12720

~~(3) The session laws may be distributed in an electronic~~	12721
~~format to public officials free of charge.~~	12722

~~(4)~~ The session laws may be sold in ana paper or electronic	12723
format to individuals or entities not specified in division ~~(A) or~~	12724
(B) of this section. The price shall not exceed the actual cost of	12725
producing and distributing the session laws in ana paper or	12726
electronic format.	12727

Sec. 149.11. Any department, division, bureau, board, or	12728
commission of the state government issuing a report, pamphlet,	12729
document, or other publication intended for general public use and	12730
distribution, which publication is reproduced by duplicating	12731
processes such as mimeograph, multigraph, planograph, rotaprint,	12732
or multilith, or printed internally or through a contract awarded	12733
to any person, company, or the state printing division of the	12734
department of administrative services, shall cause to be delivered	12735
to the state library one hundred copies of the publication,	12736
subject to the provisions of section 125.42 of the Revised Code.	12737

The state library board shall distribute the publications so	12738
received as follows:	12739

(A) Retain two copies in the state library;

12740

(B) Send two copies to the document division of the library	12741
of congress;	12742

(C) Send one copy to the Ohio historical society and to each	12743
public or college library in the state designated by the state	12744
library board to be a depository for state publications. In	12745
designating which libraries shall be depositories, the board shall	12746
select those libraries that can best preserve those publications	12747
and that are so located geographically as will make the	12748
publications conveniently accessible to residents in all areas of	12749
the state.	12750

(D) Send one copy to each state in exchange for like	12751
publications of that state.	12752

The provisions of this section ~~shall~~do not apply to any	12753
publication of the general assembly or to the publications	12754
described in sections 149.07, 149.08, 149.091, and 149.17 of the	12755
Revised Code, except that the secretary of state shall forward to	12756
the document division of the library of congress two copies of all	12757
journals, two copies of the session laws ~~in bound form~~ as provided	12758
for in section 149.091 of the Revised Code, and two copies of all	12759
appropriation laws in separate form.	12760

Sec. 149.308. There is hereby created in the state treasury	12761
the Ohio historical society income tax contribution fund, which	12762
shall consist of money contributed to it under section 5747.113 of	12763
the Revised Code for taxable years beginning on or after January	12764
1, 2011, and of contributions made directly to it. Any person may	12765
contribute directly to the fund in addition to or independently of	12766
the income tax refund contribution system established in section	12767
5747.113 of the Revised Code.	12768

The Ohio historical society shall use money credited to the	12769
fund in furtherance of the public functions with which the society	12770
is charged under section 149.30 of the Revised Code.	12771

Sec. 149.311. (A) As used in this section:

12772

(1) "Historic building" means a building, including its	12773
structural components, that is located in this state and that is	12774
either individually listed on the national register of historic	12775
places under 16 U.S.C. 470a, located in a registered historic	12776
district, and certified by the state historic preservation officer	12777
as being of historic significance to the district, or is	12778
individually listed as a historic landmark designated by a local	12779
government certified under 16 U.S.C. 470a(c).	12780

(2) "Qualified rehabilitation expenditures" means	12781
expenditures paid or incurred during the rehabilitation period,	12782
and before and after that period as determined under 26 U.S.C. 47,	12783
by an owner of a historic building to rehabilitate the building.	12784
"Qualified rehabilitation expenditures" includes architectural or	12785
engineering fees paid or incurred in connection with the	12786
rehabilitation, and expenses incurred in the preparation of	12787
nomination forms for listing on the national register of historic	12788
places. "Qualified rehabilitation expenditures" does not include	12789
any of the following:	12790

(a) The cost of acquiring, expanding, or enlarging a historic	12791
building;	12792

(b) Expenditures attributable to work done to facilities	12793
related to the building, such as parking lots, sidewalks, and	12794
landscaping;	12795

12796

(3) "Owner" of a historic building means a person holding the	12797
fee simple interest in the building. "Owner" does not include the	12798
state or a state agency, or any political subdivision as defined	12799
in section 9.23 of the Revised Code.	12800

(4) "Certificate owner" means the owner of a historic	12801
building to which a rehabilitation tax credit certificate was	12802
issued under this section.	12803

(5) "Registered historic district" means a historic district	12804
listed in the national register of historic places under 16 U.S.C.	12805
470a, a historic district designated by a local government	12806
certified under 16 U.S.C. 470a(c), or a local historic district	12807
certified under 36 C.F.R. 67.8 and 67.9.	12808

(6) "Rehabilitation" means the process of repairing or	12809
altering a historic building or buildings, making possible an	12810
efficient use while preserving those portions and features of the	12811
building and its site and environment that are significant to its	12812
historic, architectural, and cultural values.	12813

(7) "Rehabilitation period" means one of the following:

12814

(a) If the rehabilitation initially was not planned to be	12815
completed in stages, a period chosen by the owner not to exceed	12816
twenty-four months during which rehabilitation occurs;	12817

(b) If the rehabilitation initially was planned to be	12818
completed in stages, a period chosen by the owner not to exceed	12819
sixty months during which rehabilitation occurs. Each stage shall	12820
be reviewed as a phase of a rehabilitation as determined under 26	12821
C.F.R. 1.48-12 or a successor to that section.	12822

(8) "State historic preservation officer" or "officer" means	12823
the state historic preservation officer appointed by the governor	12824
under 16 U.S.C. 470a.	12825

~~(9) "Application period" means any of the following time~~	12826
~~periods for which an application for a rehabilitation tax credit~~	12827
~~certificate may be filed under this section:~~	12828

~~(a) July 1, 2007, through June 30, 2008;~~

12829

~~(b) July 1, 2009, through June 30, 2010;~~

12830

~~(c) July 1, 2010, through June 30, 2011.~~

12831

(B) ~~For any application period, the~~The owner of a historic	12832
building may apply to the ~~state historic preservation officer~~	12833
director of development for a rehabilitation tax credit	12834
certificate for qualified rehabilitation expenditures paid or	12835
incurred after April 4, 2007, for rehabilitation of a historic	12836
building. The form and manner of filing such applications shall be	12837
prescribed by rule of the director of development~~, and, except as~~	12838
~~otherwise provided in division (D) of this section, applications~~	12839
~~expire at the end of each application period~~. Each application	12840
shall state the amount of qualified rehabilitation expenditures	12841
the applicant estimates will be paid or incurred. The director may	12842
require applicants to furnish documentation of such estimates.	12843

The director, after consultation with the tax commissioner	12844
and in accordance with Chapter 119. of the Revised Code, shall	12845
adopt rules that establish all of the following:	12846

(1) Forms and procedures by which applicants may apply for	12847
rehabilitation tax credit certificates;	12848

(2) Criteria for reviewing, evaluating, and approving	12849
applications for certificates within the limitations under	12850
division (D) of this section, criteria for assuring that the	12851
certificates issued encompass a mixture of high and low qualified	12852
rehabilitation expenditures, and criteria for issuing certificates	12853
under division (C)(3)(b) of this section;	12854

(3) Eligibility requirements for obtaining a certificate	12855
under this section;	12856

(4) The form of rehabilitation tax credit certificates;

12857

(5) Reporting requirements and monitoring procedures;

12858

(6) Procedures and criteria for conducting cost-benefit	12859
analyses of historic buildings that are the subjects of	12860
applications filed under this section. The purpose of a	12861
cost-benefit analysis shall be to determine whether rehabilitation	12862
of the historic building will result in a net revenue gain in	12863
state and local taxes once the building is used.	12864

(7) Any other rules necessary to implement and administer	12865
this section.	12866

(C) The ~~state historic preservation officer shall accept~~	12867
~~applications and forward them to the~~ director of development~~, who~~	12868
shall review the applications with the assistance of the state	12869
historic preservation officer and determine whether all of the	12870
following criteria are met:	12871

(1) That the building that is the subject of the application	12872
is a historic building and the applicant is the owner of the	12873
building;	12874

(2) That the rehabilitation will satisfy standards prescribed	12875
by the United States secretary of the interior under 16 U.S.C.	12876
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to	12877
that section;	12878

(3) That receiving a rehabilitation tax credit certificate	12879
under this section is a major factor in:	12880

(a) The applicant's decision to rehabilitate the historic	12881
building; or	12882

(b) To increase the level of investment in such	12883
rehabilitation.	12884

An applicant shall demonstrate to the satisfaction of the	12885
state historic preservation officer and director of development	12886
that the rehabilitation will satisfy the standards described in	12887
division (C)(2) of this section before the applicant begins the	12888
physical rehabilitation of the historic building.	12889

(D)(1) ~~The director of development may approve an application~~	12890
~~and issue a rehabilitation tax credit certificate to an applicant~~	12891
~~only if the director determines that the criteria in divisions~~	12892
~~(C)(1), (2), and (3) of this section are met~~If the director of	12893
development determines that an application meets the criteria in	12894
divisions (C)(1), (2), and (3) of this section, the director shall	12895
conduct a cost-benefit analysis for the historic building that is	12896
the subject of the application to determine whether rehabilitation	12897
of the historic building will result in a net revenue gain in	12898
state and local taxes once the building is used. The director	12899
shall consider the results of the cost-benefit analysis in	12900
determining whether to approve the application. The director shall	12901
also consider the potential economic impact and the regional	12902
distributive balance of the credits throughout the state. The	12903
director may approve an application only after completion of the	12904
cost-benefit analysis.	12905

(2) A rehabilitation tax credit certificate shall not be	12906
issued ~~before rehabilitation of a historic building is completed~~	12907
or for an amount greater than the estimated amount furnished by	12908
the applicant on the application for such certificate and approved	12909
by the director. The director shall not approve more than a total	12910
of sixty million dollars of rehabilitation tax credits ~~for an~~	12911
~~application period~~per fiscal year but the director may reallocate	12912
unused tax credits from a prior fiscal year for new applicants and	12913
such reallocated credits shall not apply toward the dollar limit	12914
of this division.	12915

(3) ~~Of the sixty million dollars approved for application~~	12916
~~periods July 1, 2009, through June 30, 2010, and July 1, 2010,~~	12917
~~through June 30, 2011, forty-five million dollars shall be~~	12918
~~reserved in each application period for the award of~~	12919
~~rehabilitation tax credit certificates to applicants who, as of~~	12920
~~March 1, 2008, had filed completed applications that met the~~	12921
~~criteria described in divisions (C)(1), (2), and (3) of this~~	12922
~~section, who have not withdrawn the application, and who have not~~	12923
~~yet been approved to receive a certificate. If the total amount of~~	12924
~~credits awarded for such applications is less than forty-five~~	12925
~~million dollars in an application period, the remainder shall be~~	12926
~~made available for other qualifying applications for that~~	12927
~~application period.~~	12928

For rehabilitations with a rehabilitation period not	12929
exceeding twenty-four months as provided in division (A)(7)(a) of	12930
this section, a rehabilitation tax credit certificate shall not be	12931
issued before the rehabilitation of the historic building is	12932
completed.	12933

(4) IfFor rehabilitations with a rehabilitation period not	12934
exceeding sixty months as provided in division (A)(7)(b) of this	12935
section, a rehabilitation tax credit certificate shall not be	12936
issued before a stage of rehabilitation is completed. After all	12937
stages of rehabilitation are completed, if the director cannot	12938
determine that the criteria in division (C) of this section are	12939
satisfied for all stages of rehabilitations, the director shall	12940
certify this finding to the tax commissioner, and any	12941
rehabilitation tax credits received by the applicant shall be	12942
repaid by the applicant and may be collected by assessment as	12943
unpaid tax by the commissioner.	12944

(5) The director of development shall require the applicant	12945
to provide a third-party cost certification by a certified public	12946
accountant of the actual costs attributed to the rehabilitation of	12947
the historic building when qualified rehabilitation expenditures	12948
exceed two hundred thousand dollars.	12949

If an applicant whose application is approved for receipt of	12950
a rehabilitation tax credit certificate fails to provide to the	12951
director of development sufficient evidence of reviewable	12952
progress, including a viable financial plan, copies of final	12953
construction drawings, and evidence that the applicant has	12954
obtained all historic approvals within twelve months after the	12955
date the applicant received notification of approval, orand if	12956
the applicant fails to provide evidence to the director of	12957
development that the applicant has secured and closed on financing	12958
for the rehabilitation within eighteen months after receiving	12959
notification of approval, the director may rescind the approval of	12960
the application. The director shall notify the applicant ~~that~~if	12961
the approval has been rescinded. Credits that would have been	12962
available to an applicant whose approval was rescinded shall be	12963
available for other qualified applicants. Nothing in this division	12964
prohibits an applicant whose approval has been rescinded from	12965
submitting a new application for a rehabilitation tax credit	12966
certificate.	12967

(E) Issuance of a certificate represents a finding by the	12968
director of development of the matters described in divisions	12969
(C)(1), (2), and (3) of this section only; issuance of a	12970
certificate does not represent a verification or certification by	12971
the director of the amount of qualified rehabilitation	12972
expenditures for which a tax credit may be claimed under section	12973
5725.151, 5725.34, 5729.17, 5733.47, or 5747.76 of the Revised	12974
Code. The amount of qualified rehabilitation expenditures for	12975
which a tax credit may be claimed is subject to inspection and	12976
examination by the tax commissioner or employees of the	12977
commissioner under section 5703.19 of the Revised Code and any	12978
other applicable law. Upon the issuance of a certificate, the	12979
director shall certify to the tax commissioner, in the form and	12980
manner requested by the tax commissioner, the name of the	12981
applicant, the amount of qualified rehabilitation expenditures	12982
shown on the certificate, and any other information required by	12983
the rules adopted under this section.	12984

(F)(1) On or before the first day of ~~December in 2007, 2008,~~	12985
~~2009, 2010, and 2011~~April each year, the director of development	12986
and tax commissioner jointly shall submit to the president of the	12987
senate and the speaker of the house of representatives a report on	12988
the tax credit program established under this section and sections	12989
5725.151, 5725.34, 5729.17, 5733.47, and 5747.76 of the Revised	12990
Code. The report shall present an overview of the program and	12991
shall include information on the number of rehabilitation tax	12992
credit certificates issued under this section during an	12993
~~application period~~the preceding fiscal year, an update on the	12994
status of each historic building for which an application was	12995
approved under this section, the dollar amount of the tax credits	12996
granted under sections 5725.151, 5725.34, 5729.17, 5733.47, and	12997
5747.76 of the Revised Code, and any other information the	12998
director and commissioner consider relevant to the topics	12999
addressed in the report.	13000

(2) On or before December 1, ~~2012~~2015, the director of	13001
development and tax commissioner jointly shall submit to the	13002
president of the senate and the speaker of the house of	13003
representatives a comprehensive report that includes the	13004
information required by division (F)(1) of this section and a	13005
detailed analysis of the effectiveness of issuing tax credits for	13006
rehabilitating historic buildings. The report shall be prepared	13007
with the assistance of an economic research organization jointly	13008
chosen by the director and commissioner.	13009

(G) There is hereby created in the state treasury the	13010
historic rehabilitation tax credit operating fund. The director of	13011
development is authorized to charge reasonable application and	13012
other fees in connection with the administration of tax credits	13013
authorized by this section and sections 5725.151, 5725.34,	13014
5729.17, 5733.44, and 5747.76 of the Revised Code. Any such fees	13015
collected shall be credited to the fund and used to pay reasonable	13016
costs incurred by the department of development in administering	13017
this section and sections 5725.151, 5725.34, 5729.17, 5733.44, and	13018
5747.76 of the Revised Code.	13019

The Ohio historic preservation office is authorized to charge	13020
reasonable fees in connection with its review and approval of	13021
applications under this section. Any such fees collected shall be	13022
credited to the fund and used to pay administrative costs incurred	13023
by the Ohio historic preservation office pursuant to this section.	13024

Sec. 149.351. (A) All records are the property of the public	13025
office concerned and shall not be removed, destroyed, mutilated,	13026
transferred, or otherwise damaged or disposed of, in whole or in	13027
part, except as provided by law or under the rules adopted by the	13028
records commissions provided for under sections 149.38 to 149.42	13029
of the Revised Code or under the records programs established by	13030
the boards of trustees of state-supported institutions of higher	13031
education under section 149.33 of the Revised Code. ~~Such~~Those	13032
records shall be delivered by outgoing officials and employees to	13033
their successors and shall not be otherwise removed, destroyed,	13034
mutilated, or transferred~~, or destroyed~~ unlawfully.	13035

(B) Any person who is aggrieved by the removal, destruction,	13036
mutilation, or transfer of, or by other damage to or disposition	13037
of a record in violation of division (A) of this section, or by	13038
threat of such removal, destruction, mutilation, transfer, or	13039
other damage to or disposition of such a record, may commence	13040
either or both of the following in the court of common pleas of	13041
the county in which division (A) of this section allegedly was	13042
violated or is threatened to be violated:	13043

(1) A civil action for injunctive relief to compel compliance	13044
with division (A) of this section, and to obtain an award of the	13045
reasonable attorney's fees incurred by the person in the civil	13046
action;	13047

(2) A civil action to recover a forfeiture in the amount of	13048
one thousand dollars for each violation, but not to exceed a	13049
cumulative total of ten thousand dollars, regardless of the number	13050
of violations, and to obtain an award of the reasonable attorney's	13051
fees incurred by the person in the civil action not to exceed the	13052
forfeiture amount recovered.	13053

(C)(1) A person is not aggrieved by a violation of division	13054
(A) of this section if clear and convincing evidence shows that	13055
the request for a record was contrived as a pretext to create	13056
potential liability under this section. The commencement of a	13057
civil action under division (B) of this section waives any right	13058
under this chapter to decline to divulge the purpose for	13059
requesting the record, but only to the extent needed to evaluate	13060
whether the request was contrived as a pretext to create potential	13061
liability under this section.	13062

(2) In a civil action under division (B) of this section, if	13063
clear and convincing evidence shows that the request for a record	13064
was a pretext to create potential liability under this section,	13065
the court may award reasonable attorney's fees to any defendant or	13066
defendants in the action.	13067

(D) Once a person recovers a forfeiture in a civil action	13068
commenced under division (B)(2) of this section, no other person	13069
may recover a forfeiture under that division for a violation of	13070
division (A) of this section involving the same record, regardless	13071
of the number of persons aggrieved by a violation of division (A)	13072
of this section or the number of civil actions commenced under	13073
this section.	13074

(E) A civil action for injunctive relief under division	13075
(B)(1) of this section or a civil action to recover a forfeiture	13076
under division (B)(2) of this section shall be commenced within	13077
five years after the day in which division (A) of this section was	13078
allegedly violated or was threatened to be violated.	13079

Sec. 149.38. (A) ~~There~~Except as otherwise provided in	13080
section 307.847 of the Revised Code, there is hereby created in	13081
each county a county records commission, composed of a member of	13082
the board of county commissioners as chairperson, the prosecuting	13083
attorney, the auditor, the recorder, and the clerk of the court of	13084
common pleas. The commission shall appoint a secretary, who may or	13085
may not be a member of the commission and who shall serve at the	13086
pleasure of the commission. The commission may employ an archivist	13087
or records manager to serve under its direction. The commission	13088
shall meet at least once every six months and upon the call of the	13089
chairperson.	13090

(B) The functions of the county records commission shall be	13091
to provide rules for retention and disposal of records of the	13092
county, and to review applications for one-time disposal of	13093
obsolete records and schedules of records retention and	13094
disposition submitted by county offices. The commission may	13095
dispose of records pursuant to the procedure outlined in this	13096
section. The commission, at any time, may review any schedule it	13097
has previously approved and, for good cause shown, may revise that	13098
schedule, subject to division (D) of this section.	13099

(C)(1) When the county records commission has approved any	13100
county application for one-time disposal of obsolete records or	13101
any schedule of records retention and disposition, the commission	13102
shall send that application or schedule to the Ohio historical	13103
society for its review. The Ohio historical society shall review	13104
the application or schedule within a period of not more than sixty	13105
days after its receipt of it. ~~Upon~~During the sixty-day review	13106
period, the Ohio historical society may select for its custody	13107
from the application for one-time disposal of obsolete records any	13108
records it considers to be of continuing historical value, and	13109
shall denote upon any schedule of records retention and	13110
disposition any records for which the Ohio historical society will	13111
require a certificate of records disposal prior to their disposal.	13112

(2) Upon completion of its review, the Ohio historical	13113
society shall forward the application for one-time disposal of	13114
obsolete records or the schedule of records retention and	13115
disposition to the auditor of state for the auditor's approval or	13116
disapproval. The auditor of state shall approve or disapprove the	13117
application or schedule within a period of not more than sixty	13118
days after receipt of it. ~~Before~~	13119

(3) Before public records are to be disposed of pursuant to	13120
an approved schedule of records retention and disposition, the	13121
county records commission shall inform the Ohio historical society	13122
of the disposal through the submission of a certificate of records	13123
disposal for only the records required by the schedule to be	13124
disposed of and shall give the society the opportunity for a	13125
period of fifteen business days to select for its custody those	13126
records, from the certificate submitted, that it considers to be	13127
of continuing historical value. Upon the expiration of the	13128
fifteen-business-day period, the county records commission also	13129
shall notify the public libraries, county historical society,	13130
state universities, and other public or quasi-public institutions,	13131
agencies, or corporations in the county that have provided the	13132
commission with their name and address for these notification	13133
purposes, that the commission has informed the Ohio historical	13134
society of the records disposal and that the notified entities,	13135
upon written agreement with the Ohio historical society pursuant	13136
to section 149.31 of the Revised Code, may select records of	13137
continuing historical value, including records that may be	13138
distributed to any of the notified entities under section 149.31	13139
of the Revised Code. Any notified entity that notifies the county	13140
records commission of its intent to review and select records of	13141
continuing historical value from certificates of records disposal	13142
is responsible for the cost of any notice given and for the	13143
transportation of those records.	13144

(D) The rules of the county records commission shall include	13145
a rule that requires any receipts, checks, vouchers, or other	13146
similar records pertaining to expenditures from the delinquent tax	13147
and assessment collection fund created in section 321.261 of the	13148
Revised Code, from the real estate assessment fund created in	13149
section 325.31 of the Revised Code, or from amounts allocated for	13150
the furtherance of justice to the county sheriff under section	13151
325.071 of the Revised Code or to the prosecuting attorney under	13152
section 325.12 of the Revised Code to be retained for at least	13153
four years.	13154

(E) No person shall knowingly violate the rule adopted under	13155
division (D) of this section. Whoever violates that rule is guilty	13156
of a misdemeanor of the first degree.	13157

Sec. 149.381. (A) As used in this section, "records	13158
commission" means a records commission created under section	13159
149.39 of the Revised Code, a school district records commission	13160
and an educational service center records commission created under	13161
section 149.41 of the Revised Code, a library records commission	13162
created under section 149.411 of the Revised Code, a special	13163
taxing district records commission created under section 149.412	13164
of the Revised Code, and a township records commission created	13165
under section 149.42 of the Revised Code.	13166

(B) When a records commission has approved an application for	13167
one-time disposal of obsolete records or any schedule of records	13168
retention and disposition, the records commission shall send that	13169
application or schedule to the Ohio historical society for its	13170
review. The Ohio historical society shall review the application	13171
or schedule within a period of not more than sixty days after its	13172
receipt of it. During the sixty-day review period, the Ohio	13173
historical society may select for its custody from the application	13174
for one-time disposal of obsolete records any records it considers	13175
to be of continuing historical value, and shall denote upon any	13176
schedule of records retention and disposition the records for	13177
which the Ohio historical society will require a certificate of	13178
records disposal prior to their disposal.	13179

(C) Upon completion of its review, the Ohio historical	13180
society shall forward the application for one-time disposal of	13181
obsolete records or the schedule of records retention and	13182
disposition to the auditor of state for the auditor of state's	13183
approval or disapproval. The auditor of state shall approve or	13184
disapprove the application or schedule within a period of not more	13185
than sixty days after receipt of it.	13186

(D) Before public records are to be disposed of pursuant to	13187
an approved schedule of records retention and disposition, the	13188
records commission shall inform the Ohio historical society of the	13189
disposal through the submission of a certificate of records	13190
disposal for only the records required by the schedule to be	13191
disposed of, and shall give the society the opportunity for a	13192
period of fifteen business days to select for its custody those	13193
public records, from the certificate submitted, that it considers	13194
to be of continuing historical value.	13195

(E) The Ohio historical society may not review or select for	13196
its custody any of the following:	13197

(1) Records the release of which is prohibited by section	13198
149.432 of the Revised Code.	13199

(2) Records containing personally identifiable information	13200
concerning any pupil attending a public school other than	13201
directory information, as defined in section 3319.321 of the	13202
Revised Code, without the written consent of the parent, guardian,	13203
or custodian of each such pupil who is less than eighteen years of	13204
age, or without the written consent of each pupil who is eighteen	13205
years of age or older.	13206

(3) Records the release of which would, according to the	13207
"Family Educational Rights and Privacy Act of 1974," 88 Stat. 571,	13208
20 U.S.C. 1232g, disqualify a school or other educational	13209
institution from receiving federal funds.	13210

Sec. 149.39. There is hereby created in each municipal	13211
corporation a records commission composed of the chief executive	13212
or the chief executive's appointed representative, as chairperson,	13213
and the chief fiscal officer, the chief legal officer, and a	13214
citizen appointed by the chief executive. The commission shall	13215
appoint a secretary, who may or may not be a member of the	13216
commission and who shall serve at the pleasure of the commission.	13217
The commission may employ an archivist or records manager to serve	13218
under its direction. The commission shall meet at least once every	13219
six months and upon the call of the chairperson.	13220

The functions of the commission shall be to provide rules for	13221
retention and disposal of records of the municipal corporation,	13222
and to review applications for one-time disposal of obsolete	13223
records and schedules of records retention and disposition	13224
submitted by municipal offices. The commission may dispose of	13225
records pursuant to the procedure outlined in ~~this~~ section 149.381	13226
of the Revised Code. The commission, at any time, may review any	13227
schedule it has previously approved and, for good cause shown, may	13228
revise that schedule under the procedure outlined in that section.	13229

~~When the municipal records commission has approved any~~	13230
~~application for one-time disposal of obsolete records or any~~	13231
~~schedule of records retention and disposition, the commission~~	13232
~~shall send that application or schedule to the Ohio historical~~	13233
~~society for its review. The Ohio historical society shall review~~	13234
~~the application or schedule within a period of not more than sixty~~	13235
~~days after its receipt of it. Upon completion of its review, the~~	13236
~~Ohio historical society shall forward the application for one-time~~	13237
~~disposal of obsolete records or the schedule of records retention~~	13238
~~and disposition to the auditor of state for the auditor's approval~~	13239
~~or disapproval. The auditor shall approve or disapprove the~~	13240
~~application or schedule within a period of not more than sixty~~	13241
~~days after receipt of it. Before public records are to be disposed~~	13242
~~of, the commission shall inform the Ohio historical society of the~~	13243
~~disposal through the submission of a certificate of records~~	13244
~~disposal and shall give the society the opportunity for a period~~	13245
~~of fifteen business days to select for its custody those public~~	13246
~~records that it considers to be of continuing historical value.~~	13247

Sec. 149.41. There is hereby created in each city, local,	13248
joint vocational, and exempted village school district a school	13249
district records commission, and in each educational service	13250
center an educational service center records commission. Each	13251
records commission shall be composed of the president, the	13252
treasurer of the board of education or governing board of the	13253
educational service center, and the superintendent of schools in	13254
each such district or educational service center. The commission	13255
shall meet at least once every twelve months.	13256

The function of the commission shall be to review	13257
applications for one-time disposal of obsolete records and	13258
schedules of records retention and disposition submitted by any	13259
employee of the school district or educational service center. The	13260
commission may dispose of records pursuant to the procedure	13261
outlined in ~~this~~ section 149.381 of the Revised Code. The	13262
commission, at any time, may review any schedule it has previously	13263
approved and, for good cause shown, may revise that schedule under	13264
the procedure outlined in that section.	13265

~~When the school district records commission or the~~	13266
~~educational service center records commission has approved any~~	13267
~~application for one-time disposal of obsolete records or any~~	13268
~~schedule of records retention and disposition, the appropriate~~	13269
~~commission shall send that application or schedule to the Ohio~~	13270
~~historical society for its review. The Ohio historical society~~	13271
~~shall review the application or schedule within a period of not~~	13272
~~more than sixty days after its receipt of it. Upon completion of~~	13273
~~its review, the Ohio historical society shall forward the~~	13274
~~application for one-time disposal of obsolete records or the~~	13275
~~schedule of records retention and disposition to the auditor of~~	13276
~~state for the auditor's approval or disapproval. The auditor shall~~	13277
~~approve or disapprove the application or schedule within a period~~	13278
~~of not more than sixty days after receipt of it. Before public~~	13279
~~records are to be disposed of, the appropriate commission shall~~	13280
~~inform the Ohio historical society of the disposal through the~~	13281
~~submission of a certificate of records disposal and shall give the~~	13282
~~society the opportunity for a period of fifteen business days to~~	13283
~~select for its custody those public records that it considers to~~	13284
~~be of continuing historical value. The society may not review or~~	13285
~~select for its custody either of the following:~~	13286

~~(A) Records containing personally identifiable information~~	13287
~~concerning any pupil attending a public school other than~~	13288
~~directory information, as defined in section 3319.321 of the~~	13289
~~Revised Code, without the written consent of the parent, guardian,~~	13290
~~or custodian of each such pupil who is less than eighteen years of~~	13291
~~age, or without the written consent of each such pupil who is~~	13292
~~eighteen years of age or older;~~	13293

~~(B) Records the release of which would, according to the~~	13294
~~"Family Educational Rights and Privacy Act of 1974," 88 Stat. 571,~~	13295
~~20 U.S.C.A. 1232g, disqualify a school or other educational~~	13296
~~institution from receiving federal funds.~~	13297

Sec. 149.411. There is hereby created in each county free	13298
public library, municipal free public library, township free	13299
public library, school district free public library as described	13300
in section 3375.15 of the Revised Code, county library district,	13301
and regional library district a library records commission	13302
composed of the members and the fiscal officer of the board of	13303
library trustees of the appropriate public library or library	13304
district. The commission shall meet at least once every twelve	13305
months.	13306

The functions of the commission shall be to review	13307
applications for one-time disposal of obsolete records and	13308
schedules of records retention and disposition submitted by any	13309
employee of the library. The commission may dispose of records	13310
pursuant to the procedure outlined in ~~this~~ section 149.381 of the	13311
Revised Code. The commission, at any time, may review any schedule	13312
it has previously approved and, for good cause shown, may revise	13313
that schedule under the procedure outlined in that section.	13314

~~When the appropriate library records commission has approved~~	13315
~~any library application for one-time disposal of obsolete records~~	13316
~~or any schedule of records retention and disposition, the~~	13317
~~commission shall send that application or schedule to the Ohio~~	13318
~~historical society for its review. The Ohio historical society~~	13319
~~shall review the application or schedule within a period of not~~	13320
~~more than sixty days after its receipt of it. Upon completion of~~	13321
~~its review, the Ohio historical society shall forward the~~	13322
~~application for one-time disposal of obsolete records or the~~	13323
~~schedule of records retention and disposition to the auditor of~~	13324
~~state for the auditor's approval or disapproval. The auditor shall~~	13325
~~approve or disapprove the application or schedule within a period~~	13326
~~of not more than sixty days after receipt of it. Before public~~	13327
~~records are to be disposed of, the commission shall inform the~~	13328
~~Ohio historical society of the disposal through the submission of~~	13329
~~a certificate of records disposal and shall give the society the~~	13330
~~opportunity for a period of fifteen business days to select for~~	13331
~~its custody those public records that it considers to be of~~	13332
~~continuing historical value. The Ohio historical society may not~~	13333
~~review or select for its custody any records pursuant to section~~	13334
~~149.432 of the Revised Code.~~	13335

Sec. 149.412. There is hereby created in each special taxing	13336
district that is a public office as defined in section 149.011 of	13337
the Revised Code and that is not specifically designated in	13338
section 149.38, 149.39, 149.41, 149.411, or 149.42 of the Revised	13339
Code a special taxing district records commission composed of, at	13340
a minimum, the chairperson, a fiscal representative, and a legal	13341
representative of the governing board of the special taxing	13342
district. The commission shall meet at least once every twelve	13343
months and upon the call of the chairperson.	13344

The functions of the commission shall be to review	13345
applications for one-time disposal of obsolete records and	13346
schedules of records retention and disposition submitted by any	13347
employee of the special taxing district. The commission may	13348
dispose of records pursuant to the procedure outlined in ~~this~~	13349
section 149.381 of the Revised Code. The commission, at any time,	13350
may review any schedule it has previously approved and, for good	13351
cause shown, may revise that schedule under the procedure outlined	13352
in that section.	13353

~~When the special taxing district records commission has~~	13354
~~approved any special taxing district application for one-time~~	13355
~~disposal of obsolete records or any schedule of records retention~~	13356
~~and disposition, the commission shall send that application or~~	13357
~~schedule to the Ohio historical society for its review. The Ohio~~	13358
~~historical society shall review the application or schedule within~~	13359
~~a period of not more than sixty days after its receipt of it. Upon~~	13360
~~completion of its review, the Ohio historical society shall~~	13361
~~forward the application for one-time disposal of obsolete records~~	13362
~~or the schedule of records retention and disposition to the~~	13363
~~auditor of state for the auditor's approval or disapproval. The~~	13364
~~auditor shall approve or disapprove the application or schedule~~	13365
~~within a period of not more than sixty days after receipt of it.~~	13366
~~Before public records are to be disposed of, the commission shall~~	13367
~~inform the Ohio historical society of the disposal through the~~	13368
~~submission of a certificate of records disposal and shall give the~~	13369
~~society the opportunity for a period of fifteen business days to~~	13370
~~select for its custody those public records that it considers to~~	13371
~~be of continuing historical value.~~	13372

Sec. 149.42. There is hereby created in each township a	13373
township records commission, composed of the chairperson of the	13374
board of township trustees and the fiscal officer of the township.	13375
The commission shall meet at least once every twelve months and	13376
upon the call of the chairperson.	13377

The function of the commission shall be to review	13378
applications for one-time disposal of obsolete records and	13379
schedules of records retention and disposition submitted by	13380
township offices. The commission may dispose of records pursuant	13381
to the procedure outlined in ~~this~~ section 149.381 of the Revised	13382
Code. The commission, at any time, may review any schedule it has	13383
previously approved and, for good cause shown, may revise that	13384
schedule under the procedure outlined in that section.	13385

~~When the township records commission has approved any~~	13386
~~township application for one-time disposal of obsolete records or~~	13387
~~any schedule of records retention and disposition, the commission~~	13388
~~shall send that application or schedule to the Ohio historical~~	13389
~~society for its review. The Ohio historical society shall review~~	13390
~~the application or schedule within a period of not more than sixty~~	13391
~~days after its receipt of it. Upon completion of its review, the~~	13392
~~Ohio historical society shall forward the application for one-time~~	13393
~~disposal of obsolete records or the schedule of records retention~~	13394
~~and disposition to the auditor of state for the auditor's approval~~	13395
~~or disapproval. The auditor shall approve or disapprove the~~	13396
~~application or schedule within a period of not more than sixty~~	13397
~~days after receipt of it. Before public records are to be disposed~~	13398
~~of, the commission shall inform the Ohio historical society of the~~	13399
~~disposal through the submission of a certificate of records~~	13400
~~disposal and shall give the society the opportunity for a period~~	13401
~~of fifteen business days to select for its custody those public~~	13402
~~records that it considers to be of continuing historical value.~~	13403

Sec. 149.43. (A) As used in this section:

13404

(1) "Public record" means records kept by any public office,	13405
including, but not limited to, state, county, city, village,	13406
township, and school district units, and records pertaining to the	13407
delivery of educational services by an alternative school in this	13408
state kept by the nonprofit or for-profit entity operating the	13409
alternative school pursuant to section 3313.533 of the Revised	13410
Code. "Public record" does not mean any of the following:	13411

(a) Medical records;

13412

(b) Records pertaining to probation and parole proceedings or	13413
to proceedings related to the imposition of community control	13414
sanctions and post-release control sanctions;	13415

(c) Records pertaining to actions under section 2151.85 and	13416
division (C) of section 2919.121 of the Revised Code and to	13417
appeals of actions arising under those sections;	13418

(d) Records pertaining to adoption proceedings, including the	13419
contents of an adoption file maintained by the department of	13420
health under section 3705.12 of the Revised Code;	13421

(e) Information in a record contained in the putative father	13422
registry established by section 3107.062 of the Revised Code,	13423
regardless of whether the information is held by the department of	13424
job and family services or, pursuant to section 3111.69 of the	13425
Revised Code, the office of child support in the department or a	13426
child support enforcement agency;	13427

(f) Records listed in division (A) of section 3107.42 of the	13428
Revised Code or specified in division (A) of section 3107.52 of	13429
the Revised Code;	13430

(g) Trial preparation records;

13431

(h) Confidential law enforcement investigatory records;

13432

(i) Records containing information that is confidential under	13433
section 2710.03 or 4112.05 of the Revised Code;	13434

(j) DNA records stored in the DNA database pursuant to	13435
section 109.573 of the Revised Code;	13436

(k) Inmate records released by the department of	13437
rehabilitation and correction to the department of youth services	13438
or a court of record pursuant to division (E) of section 5120.21	13439
of the Revised Code;	13440

(l) Records maintained by the department of youth services	13441
pertaining to children in its custody released by the department	13442
of youth services to the department of rehabilitation and	13443
correction pursuant to section 5139.05 of the Revised Code;	13444

(m) Intellectual property records;

13445

(n) Donor profile records;

13446

(o) Records maintained by the department of job and family	13447
services pursuant to section 3121.894 of the Revised Code;	13448

(p) Peace officer, parole officer, prosecuting attorney,	13449
assistant prosecuting attorney, correctional employee, youth	13450
services employee, firefighter, EMT, or investigator of the bureau	13451
of criminal identification and investigation residential and	13452
familial information;	13453

(q) In the case of a county hospital operated pursuant to	13454
Chapter 339. of the Revised Code or a municipal hospital operated	13455
pursuant to Chapter 749. of the Revised Code, information that	13456
constitutes a trade secret, as defined in section 1333.61 of the	13457
Revised Code;	13458

(r) Information pertaining to the recreational activities of	13459
a person under the age of eighteen;	13460

(s) Records provided to, statements made by review board	13461
members during meetings of, and all work products of a child	13462
fatality review board acting under sections 307.621 to 307.629 of	13463
the Revised Code, and child fatality review data submitted by the	13464
child fatality review board to the department of health or a	13465
national child death review database, other than the report	13466
prepared pursuant to division (A) of section 307.626 of the	13467
Revised Code;	13468

(t) Records provided to and statements made by the executive	13469
director of a public children services agency or a prosecuting	13470
attorney acting pursuant to section 5153.171 of the Revised Code	13471
other than the information released under that section;	13472

(u) Test materials, examinations, or evaluation tools used in	13473
an examination for licensure as a nursing home administrator that	13474
the board of examiners of nursing home administrators administers	13475
under section 4751.04 of the Revised Code or contracts under that	13476
section with a private or government entity to administer;	13477

(v) Records the release of which is prohibited by state or	13478
federal law;	13479

(w) Proprietary information of or relating to any person that	13480
is submitted to or compiled by the Ohio venture capital authority	13481
created under section 150.01 of the Revised Code;	13482

(x) Information reported and evaluations conducted pursuant	13483
to section 3701.072 of the Revised Code;	13484

(y) Financial statements and data any person submits for any	13485
purpose to the Ohio housing finance agency or the controlling	13486
board in connection with applying for, receiving, or accounting	13487
for financial assistance from the agency, and information that	13488
identifies any individual who benefits directly or indirectly from	13489
financial assistance from the agency;	13490

(z) Records listed in section 5101.29 of the Revised Code.;

13491

(aa) Discharges recorded with a county recorder under section	13492
317.24 of the Revised Code, as specified in division (B)(2) of	13493
that section;	13494

(bb) Usage information including names and addresses of	13495
specific residential and commercial customers of a municipally	13496
owned or operated public utility.	13497

(2) "Confidential law enforcement investigatory record" means	13498
any record that pertains to a law enforcement matter of a	13499
criminal, quasi-criminal, civil, or administrative nature, but	13500
only to the extent that the release of the record would create a	13501
high probability of disclosure of any of the following:	13502

(a) The identity of a suspect who has not been charged with	13503
the offense to which the record pertains, or of an information	13504
source or witness to whom confidentiality has been reasonably	13505
promised;	13506

(b) Information provided by an information source or witness	13507
to whom confidentiality has been reasonably promised, which	13508
information would reasonably tend to disclose the source's or	13509
witness's identity;	13510

(c) Specific confidential investigatory techniques or	13511
procedures or specific investigatory work product;	13512

(d) Information that would endanger the life or physical	13513
safety of law enforcement personnel, a crime victim, a witness, or	13514
a confidential information source.	13515

(3) "Medical record" means any document or combination of	13516
documents, except births, deaths, and the fact of admission to or	13517
discharge from a hospital, that pertains to the medical history,	13518
diagnosis, prognosis, or medical condition of a patient and that	13519
is generated and maintained in the process of medical treatment.	13520

(4) "Trial preparation record" means any record that contains	13521
information that is specifically compiled in reasonable	13522
anticipation of, or in defense of, a civil or criminal action or	13523
proceeding, including the independent thought processes and	13524
personal trial preparation of an attorney.	13525

(5) "Intellectual property record" means a record, other than	13526
a financial or administrative record, that is produced or	13527
collected by or for faculty or staff of a state institution of	13528
higher learning in the conduct of or as a result of study or	13529
research on an educational, commercial, scientific, artistic,	13530
technical, or scholarly issue, regardless of whether the study or	13531
research was sponsored by the institution alone or in conjunction	13532
with a governmental body or private concern, and that has not been	13533
publicly released, published, or patented.	13534

(6) "Donor profile record" means all records about donors or	13535
potential donors to a public institution of higher education	13536
except the names and reported addresses of the actual donors and	13537
the date, amount, and conditions of the actual donation.	13538

(7) "Peace officer, parole officer, prosecuting attorney,	13539
assistant prosecuting attorney, correctional employee, youth	13540
services employee, firefighter, EMT, or investigator of the bureau	13541
of criminal identification and investigation residential and	13542
familial information" means any information that discloses any of	13543
the following about a peace officer, parole officer, prosecuting	13544
attorney, assistant prosecuting attorney, correctional employee,	13545
youth services employee, firefighter, EMT, or investigator of the	13546
bureau of criminal identification and investigation:	13547

(a) The address of the actual personal residence of a peace	13548
officer, parole officer, assistant prosecuting attorney,	13549
correctional employee, youth services employee, firefighter, EMT,	13550
or an investigator of the bureau of criminal identification and	13551
investigation, except for the state or political subdivision in	13552
which the peace officer, parole officer, assistant prosecuting	13553
attorney, correctional employee, youth services employee,	13554
firefighter, EMT, or investigator of the bureau of criminal	13555
identification and investigation resides;	13556

(b) Information compiled from referral to or participation in	13557
an employee assistance program;	13558

(c) The social security number, the residential telephone	13559
number, any bank account, debit card, charge card, or credit card	13560
number, or the emergency telephone number of, or any medical	13561
information pertaining to, a peace officer, parole officer,	13562
prosecuting attorney, assistant prosecuting attorney, correctional	13563
employee, youth services employee, firefighter, EMT, or	13564
investigator of the bureau of criminal identification and	13565
investigation;	13566

(d) The name of any beneficiary of employment benefits,	13567
including, but not limited to, life insurance benefits, provided	13568
to a peace officer, parole officer, prosecuting attorney,	13569
assistant prosecuting attorney, correctional employee, youth	13570
services employee, firefighter, EMT, or investigator of the bureau	13571
of criminal identification and investigation by the peace	13572
officer's, parole officer's, prosecuting attorney's, assistant	13573
prosecuting attorney's, correctional employee's, youth services	13574
employee's, firefighter's, EMT's, or investigator of the bureau of	13575
criminal identification and investigation's employer;	13576

(e) The identity and amount of any charitable or employment	13577
benefit deduction made by the peace officer's, parole officer's,	13578
prosecuting attorney's, assistant prosecuting attorney's,	13579
correctional employee's, youth services employee's, firefighter's,	13580
EMT's, or investigator of the bureau of criminal identification	13581
and investigation's employer from the peace officer's, parole	13582
officer's, prosecuting attorney's, assistant prosecuting	13583
attorney's, correctional employee's, youth services employee's,	13584
firefighter's, EMT's, or investigator of the bureau of criminal	13585
identification and investigation's compensation unless the amount	13586
of the deduction is required by state or federal law;	13587

(f) The name, the residential address, the name of the	13588
employer, the address of the employer, the social security number,	13589
the residential telephone number, any bank account, debit card,	13590
charge card, or credit card number, or the emergency telephone	13591
number of the spouse, a former spouse, or any child of a peace	13592
officer, parole officer, prosecuting attorney, assistant	13593
prosecuting attorney, correctional employee, youth services	13594
employee, firefighter, EMT, or investigator of the bureau of	13595
criminal identification and investigation;	13596

(g) A photograph of a peace officer who holds a position or	13597
has an assignment that may include undercover or plain clothes	13598
positions or assignments as determined by the peace officer's	13599
appointing authority.	13600

As used in divisions (A)(7) and (B)(9) of this section,	13601
"peace officer" has the same meaning as in section 109.71 of the	13602
Revised Code and also includes the superintendent and troopers of	13603
the state highway patrol; it does not include the sheriff of a	13604
county or a supervisory employee who, in the absence of the	13605
sheriff, is authorized to stand in for, exercise the authority of,	13606
and perform the duties of the sheriff.	13607

As used in divisions (A)(7) and (B)(5) of this section,	13608
"correctional employee" means any employee of the department of	13609
rehabilitation and correction who in the course of performing the	13610
employee's job duties has or has had contact with inmates and	13611
persons under supervision.	13612

As used in divisions (A)(7) and (B)(5) of this section,	13613
"youth services employee" means any employee of the department of	13614
youth services who in the course of performing the employee's job	13615
duties has or has had contact with children committed to the	13616
custody of the department of youth services.	13617

As used in divisions (A)(7) and (B)(9) of this section,	13618
"firefighter" means any regular, paid or volunteer, member of a	13619
lawfully constituted fire department of a municipal corporation,	13620
township, fire district, or village.	13621

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	13622
means EMTs-basic, EMTs-I, and paramedics that provide emergency	13623
medical services for a public emergency medical service	13624
organization. "Emergency medical service organization,"	13625
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	13626
section 4765.01 of the Revised Code.	13627

As used in divisions (A)(7) and (B)(9) of this section,	13628
"investigator of the bureau of criminal identification and	13629
investigation" has the meaning defined in section 2903.11 of the	13630
Revised Code.	13631

(8) "Information pertaining to the recreational activities of	13632
a person under the age of eighteen" means information that is kept	13633
in the ordinary course of business by a public office, that	13634
pertains to the recreational activities of a person under the age	13635
of eighteen years, and that discloses any of the following:	13636

(a) The address or telephone number of a person under the age	13637
of eighteen or the address or telephone number of that person's	13638
parent, guardian, custodian, or emergency contact person;	13639

(b) The social security number, birth date, or photographic	13640
image of a person under the age of eighteen;	13641

(c) Any medical record, history, or information pertaining to	13642
a person under the age of eighteen;	13643

(d) Any additional information sought or required about a	13644
person under the age of eighteen for the purpose of allowing that	13645
person to participate in any recreational activity conducted or	13646
sponsored by a public office or to use or obtain admission	13647
privileges to any recreational facility owned or operated by a	13648
public office.	13649

(9) "Community control sanction" has the same meaning as in	13650
section 2929.01 of the Revised Code.	13651

(10) "Post-release control sanction" has the same meaning as	13652
in section 2967.01 of the Revised Code.	13653

(11) "Redaction" means obscuring or deleting any information	13654
that is exempt from the duty to permit public inspection or	13655
copying from an item that otherwise meets the definition of a	13656
"record" in section 149.011 of the Revised Code.	13657

(12) "Designee" and "elected official" have the same meanings	13658
as in section 109.43 of the Revised Code.	13659

(B)(1) Upon request and subject to division (B)(8) of this	13660
section, all public records responsive to the request shall be	13661
promptly prepared and made available for inspection to any person	13662
at all reasonable times during regular business hours. Subject to	13663
division (B)(8) of this section, upon request, a public office or	13664
person responsible for public records shall make copies of the	13665
requested public record available at cost and within a reasonable	13666
period of time. If a public record contains information that is	13667
exempt from the duty to permit public inspection or to copy the	13668
public record, the public office or the person responsible for the	13669
public record shall make available all of the information within	13670
the public record that is not exempt. When making that public	13671
record available for public inspection or copying that public	13672
record, the public office or the person responsible for the public	13673
record shall notify the requester of any redaction or make the	13674
redaction plainly visible. A redaction shall be deemed a denial of	13675
a request to inspect or copy the redacted information, except if	13676
federal or state law authorizes or requires a public office to	13677
make the redaction.	13678

(2) To facilitate broader access to public records, a public	13679
office or the person responsible for public records shall organize	13680
and maintain public records in a manner that they can be made	13681
available for inspection or copying in accordance with division	13682
(B) of this section. A public office also shall have available a	13683
copy of its current records retention schedule at a location	13684
readily available to the public. If a requester makes an ambiguous	13685
or overly broad request or has difficulty in making a request for	13686
copies or inspection of public records under this section such	13687
that the public office or the person responsible for the requested	13688
public record cannot reasonably identify what public records are	13689
being requested, the public office or the person responsible for	13690
the requested public record may deny the request but shall provide	13691
the requester with an opportunity to revise the request by	13692
informing the requester of the manner in which records are	13693
maintained by the public office and accessed in the ordinary	13694
course of the public office's or person's duties.	13695

(3) If a request is ultimately denied, in part or in whole,	13696
the public office or the person responsible for the requested	13697
public record shall provide the requester with an explanation,	13698
including legal authority, setting forth why the request was	13699
denied. If the initial request was provided in writing, the	13700
explanation also shall be provided to the requester in writing.	13701
The explanation shall not preclude the public office or the person	13702
responsible for the requested public record from relying upon	13703
additional reasons or legal authority in defending an action	13704
commenced under division (C) of this section.	13705

(4) Unless specifically required or authorized by state or	13706
federal law or in accordance with division (B) of this section, no	13707
public office or person responsible for public records may limit	13708
or condition the availability of public records by requiring	13709
disclosure of the requester's identity or the intended use of the	13710
requested public record. Any requirement that the requester	13711
disclose the requestor's identity or the intended use of the	13712
requested public record constitutes a denial of the request.	13713

(5) A public office or person responsible for public records	13714
may ask a requester to make the request in writing, may ask for	13715
the requester's identity, and may inquire about the intended use	13716
of the information requested, but may do so only after disclosing	13717
to the requester that a written request is not mandatory and that	13718
the requester may decline to reveal the requester's identity or	13719
the intended use and when a written request or disclosure of the	13720
identity or intended use would benefit the requester by enhancing	13721
the ability of the public office or person responsible for public	13722
records to identify, locate, or deliver the public records sought	13723
by the requester.	13724

(6) If any person chooses to obtain a copy of a public record	13725
in accordance with division (B) of this section, the public office	13726
or person responsible for the public record may require that	13727
person to pay in advance the cost involved in providing the copy	13728
of the public record in accordance with the choice made by the	13729
person seeking the copy under this division. The public office or	13730
the person responsible for the public record shall permit that	13731
person to choose to have the public record duplicated upon paper,	13732
upon the same medium upon which the public office or person	13733
responsible for the public record keeps it, or upon any other	13734
medium upon which the public office or person responsible for the	13735
public record determines that it reasonably can be duplicated as	13736
an integral part of the normal operations of the public office or	13737
person responsible for the public record. When the person seeking	13738
the copy makes a choice under this division, the public office or	13739
person responsible for the public record shall provide a copy of	13740
it in accordance with the choice made by the person seeking the	13741
copy. Nothing in this section requires a public office or person	13742
responsible for the public record to allow the person seeking a	13743
copy of the public record to make the copies of the public record.	13744

(7) Upon a request made in accordance with division (B) of	13745
this section and subject to division (B)(6) of this section, a	13746
public office or person responsible for public records shall	13747
transmit a copy of a public record to any person by United States	13748
mail or by any other means of delivery or transmission within a	13749
reasonable period of time after receiving the request for the	13750
copy. The public office or person responsible for the public	13751
record may require the person making the request to pay in advance	13752
the cost of postage if the copy is transmitted by United States	13753
mail or the cost of delivery if the copy is transmitted other than	13754
by United States mail, and to pay in advance the costs incurred	13755
for other supplies used in the mailing, delivery, or transmission.	13756

Any public office may adopt a policy and procedures that it	13757
will follow in transmitting, within a reasonable period of time	13758
after receiving a request, copies of public records by United	13759
States mail or by any other means of delivery or transmission	13760
pursuant to this division. A public office that adopts a policy	13761
and procedures under this division shall comply with them in	13762
performing its duties under this division.	13763

In any policy and procedures adopted under this division, a	13764
public office may limit the number of records requested by a	13765
person that the office will transmit by United States mail to ten	13766
per month, unless the person certifies to the office in writing	13767
that the person does not intend to use or forward the requested	13768
records, or the information contained in them, for commercial	13769
purposes. For purposes of this division, "commercial" shall be	13770
narrowly construed and does not include reporting or gathering	13771
news, reporting or gathering information to assist citizen	13772
oversight or understanding of the operation or activities of	13773
government, or nonprofit educational research.	13774

(8) A public office or person responsible for public records	13775
is not required to permit a person who is incarcerated pursuant to	13776
a criminal conviction or a juvenile adjudication to inspect or to	13777
obtain a copy of any public record concerning a criminal	13778
investigation or prosecution or concerning what would be a	13779
criminal investigation or prosecution if the subject of the	13780
investigation or prosecution were an adult, unless the request to	13781
inspect or to obtain a copy of the record is for the purpose of	13782
acquiring information that is subject to release as a public	13783
record under this section and the judge who imposed the sentence	13784
or made the adjudication with respect to the person, or the	13785
judge's successor in office, finds that the information sought in	13786
the public record is necessary to support what appears to be a	13787
justiciable claim of the person.	13788

(9)(a) Upon written request made and signed by a journalist	13789
on or after December 16, 1999, a public office, or person	13790
responsible for public records, having custody of the records of	13791
the agency employing a specified peace officer, parole officer,	13792
prosecuting attorney, assistant prosecuting attorney, correctional	13793
employee, youth services employee, firefighter, EMT, or	13794
investigator of the bureau of criminal identification and	13795
investigation shall disclose to the journalist the address of the	13796
actual personal residence of the peace officer, parole officer,	13797
prosecuting attorney, assistant prosecuting attorney, correctional	13798
employee, youth services employee, firefighter, EMT, or	13799
investigator of the bureau of criminal identification and	13800
investigation and, if the peace officer's, parole officer's,	13801
prosecuting attorney's, assistant prosecuting attorney's,	13802
correctional employee's, youth services employee's, firefighter's,	13803
EMT's, or investigator of the bureau of criminal identification	13804
and investigation's spouse, former spouse, or child is employed by	13805
a public office, the name and address of the employer of the peace	13806
officer's, parole officer's, prosecuting attorney's, assistant	13807
prosecuting attorney's, correctional employee's, youth services	13808
employee's, firefighter's, EMT's, or investigator of the bureau of	13809
criminal identification and investigation's spouse, former spouse,	13810
or child. The request shall include the journalist's name and	13811
title and the name and address of the journalist's employer and	13812
shall state that disclosure of the information sought would be in	13813
the public interest.	13814

(b) Division (B)(9)(a) of this section also applies to	13815
journalist requests for customer information maintained by a	13816
municipally owned or operated public utility, other than social	13817
security numbers and any private financial information such as	13818
credit reports, payment methods, credit card numbers, and bank	13819
account information.	13820

(c) As used in ~~this~~ division (B)(9) of this section,	13821
"journalist" means a person engaged in, connected with, or	13822
employed by any news medium, including a newspaper, magazine,	13823
press association, news agency, or wire service, a radio or	13824
television station, or a similar medium, for the purpose of	13825
gathering, processing, transmitting, compiling, editing, or	13826
disseminating information for the general public.	13827

(C)(1) If a person allegedly is aggrieved by the failure of a	13828
public office or the person responsible for public records to	13829
promptly prepare a public record and to make it available to the	13830
person for inspection in accordance with division (B) of this	13831
section or by any other failure of a public office or the person	13832
responsible for public records to comply with an obligation in	13833
accordance with division (B) of this section, the person allegedly	13834
aggrieved may commence a mandamus action to obtain a judgment that	13835
orders the public office or the person responsible for the public	13836
record to comply with division (B) of this section, that awards	13837
court costs and reasonable attorney's fees to the person that	13838
instituted the mandamus action, and, if applicable, that includes	13839
an order fixing statutory damages under division (C)(1) of this	13840
section. The mandamus action may be commenced in the court of	13841
common pleas of the county in which division (B) of this section	13842
allegedly was not complied with, in the supreme court pursuant to	13843
its original jurisdiction under Section 2 of Article IV, Ohio	13844
Constitution, or in the court of appeals for the appellate	13845
district in which division (B) of this section allegedly was not	13846
complied with pursuant to its original jurisdiction under Section	13847
3 of Article IV, Ohio Constitution.	13848

If a requestor transmits a written request by hand delivery	13849
or certified mail to inspect or receive copies of any public	13850
record in a manner that fairly describes the public record or	13851
class of public records to the public office or person responsible	13852
for the requested public records, except as otherwise provided in	13853
this section, the requestor shall be entitled to recover the	13854
amount of statutory damages set forth in this division if a court	13855
determines that the public office or the person responsible for	13856
public records failed to comply with an obligation in accordance	13857
with division (B) of this section.	13858

The amount of statutory damages shall be fixed at one hundred	13859
dollars for each business day during which the public office or	13860
person responsible for the requested public records failed to	13861
comply with an obligation in accordance with division (B) of this	13862
section, beginning with the day on which the requester files a	13863
mandamus action to recover statutory damages, up to a maximum of	13864
one thousand dollars. The award of statutory damages shall not be	13865
construed as a penalty, but as compensation for injury arising	13866
from lost use of the requested information. The existence of this	13867
injury shall be conclusively presumed. The award of statutory	13868
damages shall be in addition to all other remedies authorized by	13869
this section.	13870

The court may reduce an award of statutory damages or not	13871
award statutory damages if the court determines both of the	13872
following:	13873

(a) That, based on the ordinary application of statutory law	13874
and case law as it existed at the time of the conduct or	13875
threatened conduct of the public office or person responsible for	13876
the requested public records that allegedly constitutes a failure	13877
to comply with an obligation in accordance with division (B) of	13878
this section and that was the basis of the mandamus action, a	13879
well-informed public office or person responsible for the	13880
requested public records reasonably would believe that the conduct	13881
or threatened conduct of the public office or person responsible	13882
for the requested public records did not constitute a failure to	13883
comply with an obligation in accordance with division (B) of this	13884
section;	13885

(b) That a well-informed public office or person responsible	13886
for the requested public records reasonably would believe that the	13887
conduct or threatened conduct of the public office or person	13888
responsible for the requested public records would serve the	13889
public policy that underlies the authority that is asserted as	13890
permitting that conduct or threatened conduct.	13891

(2)(a) If the court issues a writ of mandamus that orders the	13892
public office or the person responsible for the public record to	13893
comply with division (B) of this section and determines that the	13894
circumstances described in division (C)(1) of this section exist,	13895
the court shall determine and award to the relator all court	13896
costs.	13897

(b) If the court renders a judgment that orders the public	13898
office or the person responsible for the public record to comply	13899
with division (B) of this section, the court may award reasonable	13900
attorney's fees subject to reduction as described in division	13901
(C)(2)(c) of this section. The court shall award reasonable	13902
attorney's fees, subject to reduction as described in division	13903
(C)(2)(c) of this section when either of the following applies:	13904

(i) The public office or the person responsible for the	13905
public records failed to respond affirmatively or negatively to	13906
the public records request in accordance with the time allowed	13907
under division (B) of this section.	13908

(ii) The public office or the person responsible for the	13909
public records promised to permit the relator to inspect or	13910
receive copies of the public records requested within a specified	13911
period of time but failed to fulfill that promise within that	13912
specified period of time.	13913

(c) Court costs and reasonable attorney's fees awarded under	13914
this section shall be construed as remedial and not punitive.	13915
Reasonable attorney's fees shall include reasonable fees incurred	13916
to produce proof of the reasonableness and amount of the fees and	13917
to otherwise litigate entitlement to the fees. The court may	13918
reduce an award of attorney's fees to the relator or not award	13919
attorney's fees to the relator if the court determines both of the	13920
following:	13921

(i) That, based on the ordinary application of statutory law	13922
and case law as it existed at the time of the conduct or	13923
threatened conduct of the public office or person responsible for	13924
the requested public records that allegedly constitutes a failure	13925
to comply with an obligation in accordance with division (B) of	13926
this section and that was the basis of the mandamus action, a	13927
well-informed public office or person responsible for the	13928
requested public records reasonably would believe that the conduct	13929
or threatened conduct of the public office or person responsible	13930
for the requested public records did not constitute a failure to	13931
comply with an obligation in accordance with division (B) of this	13932
section;	13933

(ii) That a well-informed public office or person responsible	13934
for the requested public records reasonably would believe that the	13935
conduct or threatened conduct of the public office or person	13936
responsible for the requested public records as described in	13937
division (C)(2)(c)(i) of this section would serve the public	13938
policy that underlies the authority that is asserted as permitting	13939
that conduct or threatened conduct.	13940

(D) Chapter 1347. of the Revised Code does not limit the	13941
provisions of this section.	13942

(E)(1) To ensure that all employees of public offices are	13943
appropriately educated about a public office's obligations under	13944
division (B) of this section, all elected officials or their	13945
appropriate designees shall attend training approved by the	13946
attorney general as provided in section 109.43 of the Revised	13947
Code. In addition, all public offices shall adopt a public records	13948
policy in compliance with this section for responding to public	13949
records requests. In adopting a public records policy under this	13950
division, a public office may obtain guidance from the model	13951
public records policy developed and provided to the public office	13952
by the attorney general under section 109.43 of the Revised Code.	13953
Except as otherwise provided in this section, the policy may not	13954
limit the number of public records that the public office will	13955
make available to a single person, may not limit the number of	13956
public records that it will make available during a fixed period	13957
of time, and may not establish a fixed period of time before it	13958
will respond to a request for inspection or copying of public	13959
records, unless that period is less than eight hours.	13960

(2) The public office shall distribute the public records	13961
policy adopted by the public office under division (E)(1) of this	13962
section to the employee of the public office who is the records	13963
custodian or records manager or otherwise has custody of the	13964
records of that office. The public office shall require that	13965
employee to acknowledge receipt of the copy of the public records	13966
policy. The public office shall create a poster that describes its	13967
public records policy and shall post the poster in a conspicuous	13968
place in the public office and in all locations where the public	13969
office has branch offices. The public office may post its public	13970
records policy on the internet web site of the public office if	13971
the public office maintains an internet web site. A public office	13972
that has established a manual or handbook of its general policies	13973
and procedures for all employees of the public office shall	13974
include the public records policy of the public office in the	13975
manual or handbook.	13976

(F)(1) The bureau of motor vehicles may adopt rules pursuant	13977
to Chapter 119. of the Revised Code to reasonably limit the number	13978
of bulk commercial special extraction requests made by a person	13979
for the same records or for updated records during a calendar	13980
year. The rules may include provisions for charges to be made for	13981
bulk commercial special extraction requests for the actual cost of	13982
the bureau, plus special extraction costs, plus ten per cent. The	13983
bureau may charge for expenses for redacting information, the	13984
release of which is prohibited by law.	13985

(2) As used in division (F)(1) of this section:

13986

(a) "Actual cost" means the cost of depleted supplies,	13987
records storage media costs, actual mailing and alternative	13988
delivery costs, or other transmitting costs, and any direct	13989
equipment operating and maintenance costs, including actual costs	13990
paid to private contractors for copying services.	13991

(b) "Bulk commercial special extraction request" means a	13992
request for copies of a record for information in a format other	13993
than the format already available, or information that cannot be	13994
extracted without examination of all items in a records series,	13995
class of records, or data base by a person who intends to use or	13996
forward the copies for surveys, marketing, solicitation, or resale	13997
for commercial purposes. "Bulk commercial special extraction	13998
request" does not include a request by a person who gives	13999
assurance to the bureau that the person making the request does	14000
not intend to use or forward the requested copies for surveys,	14001
marketing, solicitation, or resale for commercial purposes.	14002

(c) "Commercial" means profit-seeking production, buying, or	14003
selling of any good, service, or other product.	14004

(d) "Special extraction costs" means the cost of the time	14005
spent by the lowest paid employee competent to perform the task,	14006
the actual amount paid to outside private contractors employed by	14007
the bureau, or the actual cost incurred to create computer	14008
programs to make the special extraction. "Special extraction	14009
costs" include any charges paid to a public agency for computer or	14010
records services.	14011

(3) For purposes of divisions (F)(1) and (2) of this section,	14012
"surveys, marketing, solicitation, or resale for commercial	14013
purposes" shall be narrowly construed and does not include	14014
reporting or gathering news, reporting or gathering information to	14015
assist citizen oversight or understanding of the operation or	14016
activities of government, or nonprofit educational research.	14017

Sec. 153.01. (A) Whenever any building or structure for the	14018
use of the state or any institution supported in whole or in part	14019
by the state or in or upon the public works of the state that is	14020
administered by the director of administrative services or by any	14021
other state officer or state agency authorized by law to	14022
administer a project, including an educational institution listed	14023
in section 3345.50 of the Revised Code, is to be erected or	14024
constructed, whenever additions, alterations, or structural or	14025
other improvements are to be made, or whenever heating, cooling,	14026
or ventilating plants or other equipment is to be installed or	14027
material supplied therefor, the ~~aggregate~~estimated cost of which	14028
amounts to ~~fifty~~two hundred thousand dollars or more, or the	14029
amount determined pursuant to section 153.53 of the Revised Code	14030
or more, each officer, board, or other authority upon which	14031
devolves the duty of constructing, erecting, altering, or	14032
installing the same, referred to in sections 153.01 to 153.60 of	14033
the Revised Code as the ~~owner~~public authority, shall cause to be	14034
made, by an architect or engineer whose contract of employment	14035
shall be prepared and approved by the attorney general, the	14036
following:	14037

~~(A)~~(1) Full and accurate plans, suitable for the use of	14038
mechanics and other builders in the construction, improvement,	14039
addition, alteration, or installation;	14040

~~(B)~~(2) Details to scale and full-sized, so drawn and	14041
represented as to be easily understood;	14042

~~(C) Accurate bills showing the exact quantity of different~~	14043
~~kinds of material necessary to the construction;~~	14044

~~(D)~~(3) Definite and complete specifications of the work to be	14045
performed, together with directions that will enable a competent	14046
mechanic or other builder to carry them out and afford bidders all	14047
needful information;	14048

~~(E)~~(4) A full and accurate estimate of each item of expense	14049
and the aggregate cost of those items of expense;	14050

~~(F)~~(5) A life-cycle cost analysis;

14051

~~(G)~~(6) Further data as may be required by the department of	14052
administrative services.	14053

(B) Division (A) of this section shall not be required with	14054
respect to a construction management contract entered into with a	14055
construction manager at risk as described in section 9.334 of the	14056
Revised Code or a design-build contract entered into with a	14057
design-build firm as described in section 153.693 of the Revised	14058
Code.	14059

Sec. 153.02. (A) The director of administrative services, on	14060
the director's own initiative or upon request of the Ohio school	14061
facilities commission, may debar a contractor from contract awards	14062
for public improvements as referred to in section 153.01 of the	14063
Revised Code or for projects as defined in section 3318.01 of the	14064
Revised Code, upon proof that the contractor has done any of the	14065
following:	14066

(1) Defaulted on a contract requiring the execution of a	14067
takeover agreement as set forth in division (B) of section 153.17	14068
of the Revised Code;	14069

(2) Knowingly failed during the course of a contract to	14070
maintain the coverage required by the bureau of workers'	14071
compensation;	14072

(3) Knowingly failed during the course of a contract to	14073
maintain the contractor's drug-free workplace program as required	14074
by the contract;	14075

(4) Knowingly failed during the course of a contract to	14076
maintain insurance required by the contract or otherwise by law,	14077
resulting in a substantial loss to the owner, as owner is referred	14078
to in section 153.01 of the Revised Code, or to the commission and	14079
school district board, as provided in division (F) of section	14080
3318.08 of the Revised Code;	14081

(5) Misrepresented the firm's qualifications in the selection	14082
process set forth in sections 153.65 to 153.71 or section 3318.10	14083
of the Revised Code;	14084

(6) Been convicted of a criminal offense related to the	14085
application for or performance of any public or private contract,	14086
including, but not limited to, embezzlement, theft, forgery,	14087
bribery, falsification or destruction of records, receiving stolen	14088
property, and any other offense that directly reflects on the	14089
contractor's business integrity;	14090

(7) Been convicted of a criminal offense under state or	14091
federal antitrust laws;	14092

(8) Deliberately or willfully submitted false or misleading	14093
information in connection with the application for or performance	14094
of a public contract;	14095

(9) Been debarred from bidding on or participating in a	14096
contract with any state or federal agency.	14097

(B) When the director reasonably believes that grounds for	14098
debarment exist, the director shall send the contractor a notice	14099
of proposed debarment indicating the grounds for the proposed	14100
debarment and the procedure for requesting a hearing on the	14101
proposed debarment. The hearing shall be conducted in accordance	14102
with Chapter 119. of the Revised Code. If the contractor does not	14103
respond with a request for a hearing in the manner specified in	14104
Chapter 119. of the Revised Code, the director shall issue the	14105
debarment decision without a hearing and shall notify the	14106
contractor of the decision by certified mail, return receipt	14107
requested.	14108

(C) The director shall determine the length of the debarment	14109
period and may rescind the debarment at any time upon notification	14110
to the contractor. During the period of debarment, the contractor	14111
is not eligible to bid for or participate in any contract for a	14112
public improvement as referred to in section 153.01 of the Revised	14113
Code or for a project as defined in section 3318.01 of the Revised	14114
Code. After the debarment period expires, the contractor shall be	14115
eligible to bid for and participate in such contracts ~~for a public~~	14116
~~improvement as referred to in section 153.01 of the Revised Code~~.	14117

(D) The director, through the office of the state architect,	14118
shall maintain a list of all contractors currently debarred under	14119
this section. Any governmental entity awarding a contract for	14120
construction of a public improvement or project may use a	14121
contractor's presence on the debarment list to determine whether a	14122
contractor is responsible or best under section 9.312 or any other	14123
section of the Revised Code in the award of a contract.	14124

Sec. 153.03. (A) As used in this section:

14125

(1) "Contracting authority" means any state agency or other	14126
state instrumentality that is authorized to award a public	14127
improvement contract.	14128

(2) "Bidder" means a person who submits a bid to a	14129
contracting authority to perform work under a public improvement	14130
contract.	14131

(3) "Contractor" means any person with whom a contracting	14132
authority has entered into a public improvement contract to	14133
provide labor for a public improvement and includes a construction	14134
manager at risk and a design-build firm.	14135

(4) "Subcontractor" means any person who undertakes to	14136
provide any part of the labor on the site of a public improvement	14137
under a contract with any person other than the contracting	14138
authority, including all such persons in any tier.	14139

(5) "Construction manager" ~~means a person with substantial~~	14140
~~discretion and authority to plan, coordinate, manage, and direct~~	14141
~~all phases of a project for the construction, demolition,~~	14142
~~alteration, repair, or reconstruction of any public building,~~	14143
~~structure, or other improvement~~has the same meaning as in section	14144
9.33 of the Revised Code.	14145

(6) "Construction manager at risk" has the same meaning as in	14146
section 9.33 of the Revised Code.	14147

(7) "Design-build firm" has the same meaning as in section	14148
153.65 of the Revised Code.	14149

(8) "Labor" means any activity performed by a person that	14150
contributes to the direct installation of a product, component, or	14151
system, or that contributes to the direct removal of a product,	14152
component, or system.	14153

~~(7)~~(9) "Public improvement contract" means any contract that	14154
is financed in whole or in part with money appropriated by the	14155
general assembly, or that is financed in any manner by a	14156
contracting authority, and that is awarded by a contracting	14157
authority for the construction, alteration, or repair of any	14158
public building, public highway, or other public improvement.	14159

~~(8)~~(10) "State agency" means every organized body, office, or	14160
agency established by the laws of this state for the exercise of	14161
any function of state government.	14162

(B) A contracting authority shall not award a public	14163
improvement contract to a bidder, and a construction manager at	14164
risk or design-build firm shall not award a subcontract, unless	14165
the contract or subcontract contains both of the following:	14166

(1) The statements described in division (E) of this section;

14167

(2) Terms that require the contractor or subcontractor to be	14168
enrolled in and be in good standing in the drug-free workplace	14169
program of the bureau of workers' compensation or a comparable	14170
program approved by the bureau that requires an employer to do all	14171
of the following:	14172

(a) Develop, implement, and provide to all employees a	14173
written substance use policy that conveys full and fair disclosure	14174
of the employer's expectations that no employee be at work with	14175
alcohol or drugs in the employee's system, and specifies the	14176
consequences for violating the policy.	14177

(b) Conduct drug and alcohol tests on employees in accordance	14178
with division (B)(2)(c) of this section and under the following	14179
conditions:	14180

(i) Prior to an individual's employment or during an	14181
employee's probationary period for employment, which shall not	14182
exceed one hundred twenty days after the probationary period	14183
begins;	14184

(ii) At random intervals while an employee provides labor or	14185
~~onsite~~on-site supervision of labor for a public improvement	14186
contract. The employer shall use the neutral selection procedures	14187
required by the United States department of transportation to	14188
determine which employees to test and when to test those	14189
employees.	14190

(iii) After an accident at the site where labor is being	14191
performed pursuant to a public improvement contract. For purposes	14192
of this division, "accident" has the meaning established in rules	14193
the administrator of workers' compensation adopts pursuant to	14194
Chapters 4121. and 4123. of the Revised Code for the bureau's	14195
drug-free workplace program, as those rules exist on ~~the effective~~	14196
~~date of this section~~March 30, 2007.	14197

(iv) When the employer ~~or a~~, construction manager,	14198
construction manager at risk, or design-build firm has reasonable	14199
suspicion that prior to an accident an employee may be in	14200
violation of the employer's written substance use policy. For	14201
purposes of this division, "reasonable suspicion" has the meaning	14202
established in rules the administrator adopts pursuant to Chapters	14203
4121. and 4123. of the Revised Code for the bureau's drug-free	14204
workplace program, as those rules exist on ~~the effective date of~~	14205
~~this section~~March 30, 2007.	14206

(v) Prior to an employee returning to a work site to provide	14207
labor for a public improvement contract after the employee tested	14208
positive for drugs or alcohol, and again after the employee	14209
returns to that site to provide labor under that contract, as	14210
required by either the employer, ~~the~~ construction manager,	14211
construction manager at risk, design-build firm, or conditions in	14212
the contract.	14213

(c) Use the following types of tests when conducting a test	14214
on an employee under the conditions described in division	14215
(B)(2)(b) of this section:	14216

(i) Drug and alcohol testing that uses the federal testing	14217
model that the administrator has incorporated into the bureau's	14218
drug-free workplace program;	14219

(ii) Testing to determine whether the concentration of	14220
alcohol on an employee's breath is equal to or in excess of the	14221
level specified in division (A)(1)(d) or (h) of section 4511.19 of	14222
the Revised Code, which is obtained through an evidentiary breath	14223
test conducted by a breath alcohol technician using breath testing	14224
equipment that meets standards established by the United States	14225
department of transportation, or, if such technician and equipment	14226
are unavailable, a blood test may be used to determine whether the	14227
concentration of alcohol in an employee's blood is equal to or in	14228
excess of the level specified in division (A)(1)(b) or (f) of	14229
section 4511.19 of the Revised Code.	14230

(d) Require all employees to receive at least one hour of	14231
training that increases awareness of and attempts to deter	14232
substance abuse and supplies information about employee assistance	14233
to deal with substance abuse problems, and require all supervisors	14234
to receive one additional hour of training in skill building to	14235
teach a supervisor how to observe and document employee behavior	14236
and intervene when reasonable suspicion exists of substance use;	14237

(e) Require all supervisors and employees to receive the	14238
training described in division (B)(2)(d) of this section before	14239
work for a public improvement contract commences or during the	14240
term of a public improvement contract;	14241

(f) Require that the training described in division (B)(2)(d)	14242
of this section be provided using material prepared by an	14243
individual who has credentials or experience in substance abuse	14244
training;	14245

(g) Assist employees by providing, at a minimum, a list of	14246
community resources from which an employee may obtain help with	14247
substance abuse problems, except that this requirement does not	14248
preclude an employer from having a policy that allows an employer	14249
to terminate an employee's employment the first time the employee	14250
tests positive for drugs or alcohol or if an employee refuses to	14251
be tested for drugs, alcohol, or both.	14252

(C) Any time the United States department of health and human	14253
services changes the federal testing model that the administrator	14254
has incorporated into the bureau's drug-free workplace program in	14255
a manner that allows additional or new products, protocols,	14256
procedures, and standards in the model, the administrator may	14257
adopt rules establishing standards to allow employers to use those	14258
additional or new products, protocols, procedures, or standards to	14259
satisfy the requirements of division (B)(2)(c) of this section,	14260
and the bureau may approve an employer's drug-free workplace	14261
program that meets the administrator's standards and the other	14262
requirements specified in division (B)(2) of this section.	14263

(D) A contracting authority shall ensure that money	14264
appropriated by the general assembly for the contracting	14265
authority's public improvement contract or, in the case of a state	14266
institution of higher education, the institution's financing for	14267
the public improvement contract, is not expended unless the	14268
contractor for that contract is enrolled in and in good standing	14269
in a drug-free workplace program described in division (B) of this	14270
section. Prior to awarding a contract to a bidder, a contracting	14271
authority shall verify that the bidder is enrolled in and in good	14272
standing in such a program.	14273

(E) A contracting authority shall include all of the	14274
following statements in the public improvement contract entered	14275
into between the contracting authority and a contractor for the	14276
public improvement:	14277

(1) "Each contractor shall require all subcontractors with	14278
whom the contractor is in contract for the public improvement to	14279
be enrolled in and be in good standing in the Bureau of Workers'	14280
Compensation's Drug-Free Workplace Program or a comparable program	14281
approved by the Bureau that meets the requirements specified in	14282
section 153.03 of the Revised Code prior to a subcontractor	14283
providing labor at the project site of the public improvement."	14284

(2) "Each subcontractor shall require all lower-tier	14285
subcontractors with whom the subcontractor is in contract for the	14286
public improvement to be enrolled in and be in good standing in	14287
the Bureau of Workers' Compensation's Drug-Free Workplace Program	14288
or a comparable program approved by the Bureau that meets the	14289
requirements specified in section 153.03 of the Revised Code prior	14290
to a lower-tier subcontractor providing labor at the project site	14291
of the public improvement."	14292

(3) "Failure of a contractor to require a subcontractor to be	14293
enrolled in and be in good standing in the Bureau of Workers'	14294
Compensation's Drug-Free Workplace Program or a comparable program	14295
approved by the Bureau that meets the requirements specified in	14296
section 153.03 of the Revised Code prior to the time that the	14297
subcontractor provides labor at the project site will result in	14298
the contractor being found in breach of the contract and that	14299
breach shall be used in the responsibility analysis of that	14300
contractor or the subcontractor who was not enrolled in a program	14301
for future contracts with the state for five years after the date	14302
of the breach."	14303

(4) "Failure of a subcontractor to require a lower-tier	14304
subcontractor to be enrolled in and be in good standing in the	14305
Bureau of Workers' Compensation's Drug-Free Workplace Program or a	14306
comparable program approved by the Bureau that meets the	14307
requirements specified in section 153.03 of the Revised Code prior	14308
to the time that the lower-tier subcontractor provides labor at	14309
the project site will result in the subcontractor being found in	14310
breach of the contract and that breach shall be used in the	14311
responsibility analysis of that subcontractor or the lower-tier	14312
subcontractor who was not enrolled in a program for future	14313
contracts with the state for five years after the date of the	14314
breach."	14315

(F) In the event a construction manager, construction manager	14316
at risk, or design-build firm intends and is authorized to provide	14317
labor for a public improvement contract, a contracting authority	14318
shall verify, prior to awarding a contract for construction	14319
management services or design-build services, that the	14320
construction manager, construction manager at risk, or	14321
design-build firm was enrolled in and in good standing in a	14322
drug-free workplace program described in division (B) of this	14323
section prior to entering into the public improvement contract.	14324
The contracting authority shall not award a contract for	14325
construction manager services ~~to a construction manager~~or	14326
design-build services if the construction manager, construction	14327
manager at risk, or design-build firm is not enrolled in or in	14328
good standing in such a program.	14329

Sec. 153.07. The notice provided for in section 153.06 of	14330
the Revised Code shall be published once each week for three	14331
consecutive weeks in a newspaper of general circulation, or as	14332
provided in section 7.16 of the Revised Code, in the county where	14333
the activity for which bids are submitted is to occur and in such	14334
other newspapers as ordered by the department of administrative	14335
services, the last publication to be at least eight days preceding	14336
the day for opening the bids, and in such form and with such	14337
phraseology as the department orders. Copies of the plans,	14338
details, ~~bills of material,~~ estimates of cost, and specifications	14339
shall be open to public inspection at all business hours between	14340
the day of the first publication and the day for opening the bids,	14341
at the office of the department where the bids are received, and	14342
such other place as may be designated in such notice.	14343

Sec. 153.08. On the day and at the place named in the notice	14344
provided for in section 153.06 of the Revised Code, the owner	14345
referred to in section 153.01 of the Revised Code shall open the	14346
bids and shall publicly, with the assistance of the architect or	14347
engineer, immediately proceed to tabulate the bids upon duplicate	14348
sheets. The public bid opening may be broadcast by electronic	14349
means pursuant to rules established by the director of	14350
administrative services. A bid shall be invalid and not considered	14351
unless a bid guaranty meeting the requirements of section 153.54	14352
of the Revised Code and in the form approved by the department of	14353
administrative services is filed with such bid ~~and unless such~~.	14354
For a bid that is not filed electronically, the bid and bid	14355
guaranty ~~are~~shall be filed in one sealed envelope. If the bid	14356
and bid guaranty are filed electronically, they must be received	14357
electronically before the deadline published pursuant to section	14358
153.06 of the Revised Code. For all bids filed electronically, the	14359
original, unaltered bid guaranty shall be made available to the	14360
public authority after the public bid opening. After	14361
investigation, which shall be completed within thirty days, the	14362
contract shall be awarded by such owner to the lowest responsive	14363
and responsible bidder in accordance with section 9.312 of the	14364
Revised Code.	14365

No contract shall be entered into until the industrial	14366
commission has certified that the person so awarded the contract	14367
has complied with sections 4123.01 to 4123.94 of the Revised Code,	14368
until, if the bidder so awarded the contract is a foreign	14369
corporation, the secretary of state has certified that such	14370
corporation is authorized to do business in this state, until, if	14371
the bidder so awarded the contract is a person nonresident of this	14372
state, such person has filed with the secretary of state a power	14373
of attorney designating the secretary of state as its agent for	14374
the purpose of accepting service of summons in any action brought	14375
under section 153.05 of the Revised Code or under sections 4123.01	14376
to 4123.94 of the Revised Code, and until the contract and bond,	14377
if any, are submitted to the attorney general and the attorney	14378
general's approval certified thereon.	14379

No contract shall be entered into unless the bidder possesses	14380
a valid certificate of compliance with affirmative action programs	14381
issued pursuant to section 9.47 of the Revised Code and dated no	14382
earlier than one hundred eighty days prior to the date fixed for	14383
the opening of bids for a particular project.	14384

Sec. 153.50. (A) AnAs used in sections 153.50 to 153.52 of	14385
the Revised Code:	14386

(1) "Construction manager at risk" has the same meaning as in	14387
section 9.33 of the Revised Code.	14388

(2) "Design-assist services" means monitoring and assisting	14389
in the completion of the plans and specifications.	14390

(3) "Design-assist firm" means a person capable of providing	14391
design-assist services.	14392

(4) "Design-build firm" has the same meaning as in section	14393
153.65 of the Revised Code.	14394

(5) "General contracting" means constructing and managing an	14395
entire public improvement project, including the branches or	14396
classes of work specified in division (B) of this section, under	14397
the award of a single aggregate lump sum contract.	14398

(6) "General contracting firm" means a person capable of	14399
performing general contracting.	14400

(B) Except for contracts made with a construction manager at	14401
risk, with a design-build firm, or with a general contracting	14402
firm, an officer, board, or other authority of the state, a	14403
county, township, municipal corporation, or school district, or of	14404
any public institution belonging thereto, authorized to contract	14405
for the erection, repair, alteration, or rebuilding of a public	14406
building, institution, bridge, culvert, or improvement and	14407
required by law to advertise and receive bids for furnishing of	14408
materials and doing the work necessary for the erection thereof,	14409
shall require separate and distinct bids to be made for furnishing	14410
such materials or doing such work, or both, in their discretion,	14411
for each of the following branches or classes of work to be	14412
performed, and all work kindred thereto, entering into the	14413
improvement:	14414

(1) Plumbing and gas fitting;

14415

(2) Steam and hot-water heating, ventilating apparatus, and	14416
steam-power plant;	14417

(3) Electrical equipment.

14418

~~(B) A public authority is not required to solicit separate~~	14419
~~bids for a branch or class of work specified in division (A) of~~	14420
~~this section for an improvement if the estimated cost for that~~	14421
~~branch or class of work is less than five thousand dollars.~~	14422

Sec. 153.501. (A) A public authority may accept a subcontract	14423
awarded by a construction manager at risk, a design-build firm, or	14424
a general contracting firm, or may reject any such subcontract if	14425
the public authority determines that the bidder is not	14426
responsible.	14427

(B) A public authority may authorize a construction manager	14428
at risk or design-build firm to utilize a design-assist firm on	14429
any public improvement project without transferring any design	14430
liability to the design-assist firm.	14431

(C) If the construction manager at risk or design-build firm	14432
intends and is permitted by the public authority to self-perform a	14433
portion of the work to be performed, the construction manager at	14434
risk or design-build firm shall submit a sealed bid for the	14435
portion of the work prior to accepting and opening any bids for	14436
the same work.	14437

Sec. 153.502. (A) Each construction manager at risk and	14438
design-build firm shall establish criteria by which it will	14439
prequalify prospective bidders on subcontracts awarded for work to	14440
be performed under the construction management or design-build	14441
contract. The criteria established by a construction manager at	14442
risk or design-build firm shall be subject to the approval of the	14443
public authority involved in the project and shall be consistent	14444
with the rules adopted by the department of administrative	14445
services pursuant to section 153.503 of the Revised Code.	14446

(B) For each subcontract to be awarded, the construction	14447
manager at risk or design-build firm shall identify at least three	14448
prospective bidders that are prequalified to bid on that	14449
subcontract, except that the construction manager at risk or	14450
design-build firm shall identify fewer than three if the	14451
construction manager at risk or design-build firm establishes to	14452
the satisfaction of the public authority that fewer than three	14453
prequalified bidders are available. The public authority shall	14454
verify that each prospective bidder meets the prequalification	14455
criteria and may eliminate any bidder it determines is not	14456
qualified.	14457

(C) Once the prospective bidders are prequalified and found	14458
acceptable by the public authority, the construction manager at	14459
risk or design-build firm shall solicit proposals from each of	14460
those bidders. The solicitation and selection of a subcontractor	14461
shall be conducted under an open book pricing method. As used in	14462
this division, "open book pricing method" has the same meaning as	14463
in section 9.33 of the Revised Code, in the case of a construction	14464
manager at risk, and the same meaning as in section 153.65 of the	14465
Revised Code, in the case of a design-build firm.	14466

(D) A construction manager at risk or design-build firm shall	14467
not be required to award a subcontract to a low bidder.	14468

Sec. 153.503. The department of administrative services,	14469
pursuant to Chapter 119. of the Revised Code and not later than	14470
June 30, 2012, shall adopt rules to do all of the following:	14471

(A) Prescribe the procedures and criteria for determining the	14472
best value selection of a construction manager at risk or	14473
design-build firm;	14474

(B) In consultation with the state architect's office, set	14475
forth standards to be followed by construction managers at risk	14476
and design-build firms when establishing prequalification criteria	14477
pursuant to section 153.502 of the Revised Code;	14478

(C) Prescribe the form for the contract documents to be used	14479
by a construction manager at risk, design-build firm, or general	14480
contractor when entering into a subcontract;	14481

(D) Prescribe the form for the contract documents to be used	14482
by a public authority when entering into a contract with a	14483
construction manager at risk or design-build firm.	14484

Sec. 153.51. (A) ~~When more than one branch or class of work~~	14485
~~specified in division (A) of~~If separate and distinct bids are	14486
required pursuant to section 153.50 of the Revised Code is	14487
~~required~~, no contract for the entire job, or for a greater portion	14488
thereof than is embraced in one such branch or class of work ~~shall~~	14489
may be awarded, unless the separate bids do not cover all the work	14490
and materials required or the bids for the whole or for two or	14491
more kinds of work or materials are lower than the separate bids	14492
in the aggregate.	14493

(B)(1) ~~The~~If the public authority ~~referred to in section~~	14494
~~153.50 of the Revised Code also may award~~awards a single,	14495
aggregate contract for the entire project pursuant to division (A)	14496
of this section~~. This~~, the award shall be made to the bidder who	14497
is the lowest responsive and responsible bidder or the lowest and	14498
best bidder, as applicable, as specified in section 153.52 of the	14499
Revised Code.	14500

(2) The public authority ~~referred to in section 153.50 of the~~	14501
~~Revised Code~~ may assign all or any portion of its interest in the	14502
contract of the lowest responsive and responsible bidder or the	14503
lowest and best bidder, as applicable, to another successful	14504
bidder as an agreed condition for an award of the contract for the	14505
amount of its respective bid. Such assignment may include, but is	14506
not limited to, the duty to schedule, coordinate, and administer	14507
the contracts.	14508

~~(C) A public authority referred to in division (A) of section~~	14509
~~153.50 of the Revised Code is not required to award separate~~	14510
~~contracts for a branch or class of work specified in division (A)~~	14511
~~of section 153.50 of the Revised Code entering into an improvement~~	14512
~~if the estimated cost for that branch or class of work is less~~	14513
~~than five thousand dollars.~~	14514

Sec. 153.52. ~~The~~A contract for general contracting or for	14515
doing the work belonging to each separate branch or class of work	14516
specified in division ~~(A)~~(B) of section 153.50 of the Revised	14517
Code, or for the furnishing of materials therefor, ~~or both,~~ shall	14518
be awarded by the public authority referred to in section 153.50	14519
of the Revised Code, in its discretion, to the lowest responsive	14520
and responsible separate bidder therefor, in accordance with	14521
section 9.312 of the Revised Code in the case of any public	14522
authority of the state or any public institution belonging	14523
thereto, and to the lowest and best separate bidder in the case of	14524
a county, township, or municipal corporation, ~~or school district,~~	14525
or any public institution belonging thereto, and to the lowest	14526
responsive and responsible bidder in the case of a school	14527
district, and shall be made directly with the bidder in the manner	14528
and upon the terms, conditions, and limitations as to giving bond	14529
or bid guaranties as prescribed by law~~, unless it is let as a~~	14530
~~whole, or to bidders for more than one kind of work or materials.~~	14531
~~Sections 153.50 to 153.52 of the Revised Code do not apply to the~~	14532
~~erection of buildings and other structures which cost less than~~	14533
~~fifty thousand dollars~~.	14534

Sec. 153.53. (A) As used in this section, "rate of	14535
inflation" has the same meaning as in section 107.032 of the	14536
Revised Code.	14537

(B) Five years after the effective date of this section and	14538
every five years thereafter, the director of administrative	14539
services shall evaluate the monetary threshold specified in	14540
section 153.01 of the Revised Code and adopt rules adjusting that	14541
amount based on the average rate of inflation during each of the	14542
previous five years immediately preceding such adjustment.	14543

Sec. 153.54. (A) ~~Each~~Except with respect to a contract	14544
described in section 9.334 or 153.693 of the Revised Code, each	14545
person bidding for a contract with the state or any political	14546
subdivision, district, institution, or other agency thereof,	14547
excluding therefrom the department of transportation, for any	14548
public improvement shall file with the bid, a bid guaranty in the	14549
form of either:	14550

(1) A bond in accordance with division (B) of this section	14551
for the full amount of the bid;	14552

(2) A certified check, cashier's check, or letter of credit	14553
pursuant to Chapter 1305. of the Revised Code, in accordance with	14554
division (C) of this section. Any such letter of credit is	14555
revocable only at the option of the beneficiary state, political	14556
subdivision, district, institution, or agency. The amount of the	14557
certified check, cashier's check, or letter of credit shall be	14558
equal to ten per cent of the bid.	14559

(B) A bid guaranty filed pursuant to division (A)(1) of this	14560
section shall be conditioned to:	14561

(1) Provide that, if the bid is accepted, the bidder, after	14562
the awarding or the recommendation for the award of the contract,	14563
whichever the contracting authority designates, will enter into a	14564
proper contract in accordance with the bid, plans, details, and	14565
specifications~~, and bills of material~~. If for any reason, other	14566
than as authorized by section 9.31 of the Revised Code or division	14567
(G) of this section, the bidder fails to enter into the contract,	14568
and the contracting authority awards the contract to the next	14569
lowest bidder, the bidder and the surety on the bidder's bond are	14570
liable to the state, political subdivision, district, institution,	14571
or agency for the difference between the bid and that of the next	14572
lowest bidder, or for a penal sum not to exceed ten per cent of	14573
the amount of the bond, whichever is less. If the state, political	14574
subdivision, district, institution, or agency does not award the	14575
contract to the next lowest bidder but resubmits the project for	14576
bidding, the bidder failing to enter into the contract and the	14577
surety on the bidder's bond, except as provided in division (G) of	14578
this section, are liable to the state, political subdivision,	14579
district, institution, or agency for a penal sum not to exceed ten	14580
per cent of the amount of the bid or the costs in connection with	14581
the resubmission of printing new contract documents, required	14582
advertising, and printing and mailing notices to prospective	14583
bidders, whichever is less.	14584

(2) Indemnify the state, political subdivision, district,	14585
institution, or agency against all damage suffered by failure to	14586
perform the contract according to its provisions and in accordance	14587
with the plans, details, and specifications~~, and bills of material~~	14588
therefor and to pay all lawful claims of subcontractors, material	14589
suppliers, and laborers for labor performed or material furnished	14590
in carrying forward, performing, or completing the contract; and	14591
agree and assent that this undertaking is for the benefit of any	14592
subcontractor, material supplier, or laborer having a just claim,	14593
as well as for the state, political subdivision, district,	14594
institution, or agency.	14595

(C)(1) A bid guaranty filed pursuant to division (A)(2) of	14596
this section shall be conditioned to provide that if the bid is	14597
accepted, the bidder, after the awarding or the recommendation for	14598
the award of the contract, whichever the contracting authority	14599
designates, will enter into a proper contract in accordance with	14600
the bid, plans, details, specifications, and bills of material. If	14601
for any reason, other than as authorized by section 9.31 of the	14602
Revised Code or division (G) of this section, the bidder fails to	14603
enter into the contract, and the contracting authority awards the	14604
contract to the next lowest bidder, the bidder is liable to the	14605
state, political subdivision, district, institution, or agency for	14606
the difference between the bidder's bid and that of the next	14607
lowest bidder, or for a penal sum not to exceed ten per cent of	14608
the amount of the bid, whichever is less. If the state, political	14609
subdivision, district, institution, or agency does not award the	14610
contract to the next lowest bidder but resubmits the project for	14611
bidding, the bidder failing to enter into the contract, except as	14612
provided in division (G) of this section, is liable to the state,	14613
political subdivision, district, institution, or agency for a	14614
penal sum not to exceed ten per cent of the amount of the bid or	14615
the costs in connection with the resubmission, of printing new	14616
contract documents, required advertising, and printing and mailing	14617
notices to prospective bidders, whichever is less.	14618

If the bidder enters into the contract, the bidder, at the	14619
time the contract is entered to, shall file a bond for the amount	14620
of the contract to indemnify the state, political subdivision,	14621
district, institution, or agency against all damage suffered by	14622
failure to perform the contract according to its provisions and in	14623
accordance with the plans, details, and specifications~~, and bills~~	14624
~~of material therefor~~ and to pay all lawful claims of	14625
subcontractors, material suppliers, and laborers for labor	14626
performed or material furnished in carrying forward, performing,	14627
or completing the contract; and agree and assent that this	14628
undertaking is for the benefit of any subcontractor, material	14629
supplier, or laborer having a just claim, as well as for the	14630
state, political subdivision, district, institution, or agency.	14631

(2) A construction manager who enters into a contract	14632
pursuant to sections 9.33 to 9.333 of the Revised Code, if	14633
required by the public ~~owner~~authority at the time the	14634
construction manager enters into the contract, shall file a letter	14635
of credit pursuant to Chapter 1305. of the Revised Code, bond,	14636
certified check, or cashier's check, for the value of the	14637
construction management contract to indemnify the state, political	14638
subdivision, district, institution, or agency against all damage	14639
suffered by the construction manager's failure to perform the	14640
contract according to its provisions, and shall agree and assent	14641
that this undertaking is for the benefit of the state, political	14642
subdivision, district, institution, or agency. A letter of credit	14643
provided by the construction manager is revocable only at the	14644
option of the beneficiary state, political subdivision, district,	14645
institution, or agency.	14646

(D) Where the state, political subdivision, district,	14647
institution, or agency accepts a bid but the bidder fails or	14648
refuses to enter into a proper contract in accordance with the	14649
bid, plans, details, and specifications~~, and bills of material~~	14650
within ten days after the awarding of the contract, the bidder and	14651
the surety on any bond, except as provided in division (G) of this	14652
section, are liable for the amount of the difference between the	14653
bidder's bid and that of the next lowest bidder, but not in excess	14654
of the liability specified in division (B)(1) or (C) of this	14655
section. Where the state, political subdivision, district,	14656
institution, or agency then awards the bid to such next lowest	14657
bidder and such next lowest bidder also fails or refuses to enter	14658
into a proper contract in accordance with the bid, plans, details,	14659
and specifications~~, and bills of material~~ within ten days after	14660
the awarding of the contract, the liability of such next lowest	14661
bidder, except as provided in division (G) of this section, is the	14662
amount of the difference between the bids of such next lowest	14663
bidder and the third lowest bidder, but not in excess of the	14664
liability specified in division (B)(1) or (C) of this section.	14665
Liability on account of an award to any lowest bidder beyond the	14666
third lowest bidder shall be determined in like manner.	14667

(E) Notwithstanding division (C) of this section, where the	14668
state, political subdivision, district, institution, or agency	14669
resubmits the project for bidding, each bidder whose bid was	14670
accepted but who failed or refused to enter into a proper	14671
contract, except as provided in division (G) of this section, is	14672
liable for an equal share of a penal sum in connection with the	14673
resubmission, of printing new contract documents, required	14674
advertising, and printing and mailing notices to prospective	14675
bidders, but no bidder's liability shall exceed the amount of the	14676
bidder's bid guaranty.	14677

(F) All bid guaranties filed pursuant to this section shall	14678
be payable to the state, political subdivision, district,	14679
institution, or agency, be for the benefit of the state, political	14680
subdivision, district, institution, or agency or any person having	14681
a right of action thereon, and be deposited with, and held by, the	14682
board, officer, or agent contracting on behalf of the state,	14683
political subdivision, district, institution, or agency. All bonds	14684
filed pursuant to this section shall be issued by a surety company	14685
authorized to do business in this state as surety approved by the	14686
board, officer, or agent awarding the contract on behalf of the	14687
state, political subdivision, district, institution, or agency.	14688

(G) A bidder for a contract with the state or any political	14689
subdivision, district, institution, or other agency thereof,	14690
excluding therefrom the Ohio department of transportation, for a	14691
public improvement costing less than one-half million dollars may	14692
withdraw the bid from consideration if the bidder's bid for some	14693
other contract with the state or any political subdivision,	14694
district, institution, or other agency thereof, excluding	14695
therefrom the department of transportation, for the public	14696
improvement costing less than one-half million dollars has already	14697
been accepted, if the bidder certifies in good faith that the	14698
total amount of all the bidder's current contracts is less than	14699
one-half million dollars, and if the surety certifies in good	14700
faith that the bidder is unable to perform the subsequent contract	14701
because to do so would exceed the bidder's bonding capacity. If a	14702
bid is withdrawn under authority of this division, the contracting	14703
authority may award the contract to the next lowest bidder or	14704
reject all bids and resubmit the project for bidding, and neither	14705
the bidder nor the surety on the bidder's bond are liable for the	14706
difference between the bidder's bid and that of the next lowest	14707
bidder, for a penal sum, or for the costs of printing new contract	14708
documents, required advertising, and printing and mailing notices	14709
to prospective bidders.	14710

(H) Bid guaranties filed pursuant to division (A) of this	14711
section shall be returned to all unsuccessful bidders immediately	14712
after the contract is executed. The bid guaranty filed pursuant to	14713
division (A)(2) of this section shall be returned to the	14714
successful bidder upon filing of the bond required in division (C)	14715
of this section.	14716

(I) For the purposes of this section, "next lowest bidder"	14717
means, in the case of a political subdivision that has adopted the	14718
model Ohio and United States preference requirements promulgated	14719
pursuant to division (E) of section 125.11 of the Revised Code,	14720
the next lowest bidder that qualifies under those preference	14721
requirements.	14722

(J) For the purposes of this section and sections 153.56,	14723
153.57, and 153.571 of the Revised Code, "public improvement,"	14724
"subcontractor," "material supplier," "laborer," and "materials"	14725
have the same meanings as in section 1311.25 of the Revised Code.	14726

Sec. 153.55. (A) For purposes of calculating the amount of a	14727
public improvement project to determine whether it is subject to	14728
section 153.01 of the Revised Code, no officer, board, or other	14729
authority of the state or any institution supported by the state	14730
shall subdivide a public improvement project into component parts	14731
or separate projects in order to avoid the threshold of that	14732
section, unless the component parts or separate projects thus	14733
created are conceptually separate and unrelated to each other, or	14734
encompass independent or unrelated needs.	14735

(B) In calculating the project amount for purposes of the	14736
threshold in section 153.01 of the Revised Code, the following	14737
expenses shall be included as costs of the project:	14738

(1) Professional fees and expenses for services associated	14739
with the preparation of plans;	14740

(2) Permit costs, testing costs, and other fees associated	14741
with the work;	14742

(3) Project construction costs;

14743

(4) A contingency reserve fund.

14744

Sec. 153.56. (A) Any person to whom any money is due for	14745
labor or work performed or materials furnished in a public	14746
improvement as provided in section 153.54 of the Revised Code, at	14747
any time after performing the labor or work or furnishing the	14748
materials, but not later than ninety days after the completion of	14749
the contract by the principal contractor or design-build firm and	14750
the acceptance of the public improvement for which the bond was	14751
provided by the duly authorized board or officer, shall furnish	14752
the sureties on the bond, a statement of the amount due to the	14753
person.	14754

(B) A suit shall not be brought against sureties on the bond	14755
until after sixty days after the furnishing of the statement	14756
described in division (A) of this section. If the indebtedness is	14757
not paid in full at the expiration of that sixty days, and if the	14758
person complies with division (C) of this section, the person may	14759
bring an action in the person's own name upon the bond, as	14760
provided in sections 2307.06 and 2307.07 of the Revised Code, that	14761
action to be commenced, notwithstanding section 2305.12 of the	14762
Revised Code, not later than one year from the date of acceptance	14763
of the public improvement for which the bond was provided.	14764

(C) To exercise rights under this section, a subcontractor or	14765
materials supplier supplying labor or materials that cost more	14766
than thirty thousand dollars, who is not in direct privity of	14767
contract with the principal contractor or design-build firm for	14768
the public improvement, shall serve a notice of furnishing upon	14769
the principal contractor or design-build firm in the form provided	14770
in section 1311.261 of the Revised Code.	14771

(D) A subcontractor or materials supplier who serves a notice	14772
of furnishing under division (C) of this section as required to	14773
exercise rights under this section has the right of recovery only	14774
as to amounts owed for labor and work performed and materials	14775
furnished during and after the twenty-one days immediately	14776
preceding service of the notice of furnishing.	14777

(E) For purposes of this section~~, "principal~~:

14778

(1) "Design-build firm" has the same meaning as in section	14779
153.65 of the Revised Code.	14780

(2) "Principal contractor" has the same meaning as in section	14781
1311.25 of the Revised Code, and may include a "construction	14782
manager" and a "construction manager at risk" as defined in	14783
section 9.33 of the Revised Code.	14784

Sec. 153.581. As used in sections 153.581 and 153.591 of the	14785
Revised Code:	14786

(A) "Public works contract" means any contract awarded by a	14787
contracting authority for the construction, engineering,	14788
alteration, or repair of any public building, public highway, or	14789
other public work.	14790

(B) "Contracting authority" means the state, any township,	14791
county, municipal corporation, school board, or other governmental	14792
entity empowered to award a public works contract, and any	14793
construction manager at risk as defined in section 9.33 of the	14794
Revised Code or design-build firm as defined in section 153.65 of	14795
the Revised Code awarding a subcontract.	14796

(C) "Contractor" means any person, partnership, corporation,	14797
or association that has been awarded a public works contract.	14798

Sec. 153.65. As used in sections 153.65 to ~~153.71~~153.73 of	14799
the Revised Code:	14800

(A)(1) "Public authority" means the state, a state	14801
institution of higher education as defined in section 3345.011 of	14802
the Revised Code, a county, township, municipal corporation,	14803
school district, or other political subdivision, or any public	14804
agency, authority, board, commission, instrumentality, or special	14805
purpose district of the state or of a ~~county, township, municipal~~	14806
~~corporation, school district, or other~~ political subdivision.	14807

(2) "Public authority" does not include the Ohio turnpike	14808
commission.	14809

(B) "Professional design firm" means any person legally	14810
engaged in rendering professional design services.	14811

(C) "Professional design services" means services within the	14812
scope of practice of an architect or landscape architect	14813
registered under Chapter 4703. of the Revised Code or a	14814
professional engineer or surveyor registered under Chapter 4733.	14815
of the Revised Code.	14816

(D) "Qualifications" means all of the following:

14817

(1) ~~Competence of the~~(a) For a professional design firm,	14818
competence to perform the required professional design services as	14819
indicated by the technical training, education, and experience of	14820
the firm's personnel, especially the technical training,	14821
education, and experience of the employees within the firm who	14822
would be assigned to perform the services;	14823

(b) For a design-build firm, competence to perform the	14824
required design-build services as indicated by the technical	14825
training, education, and experience of the design-build firm's	14826
personnel and key consultants, especially the technical training,	14827
education, and experience of the employees and consultants of the	14828
design-build firm who would be assigned to perform the services,	14829
including the proposed architect or engineer of record.	14830

(2) Ability of the firm in terms of its workload and the	14831
availability of qualified personnel, equipment, and facilities to	14832
perform the required professional design services or design-build	14833
services competently and expeditiously;	14834

(3) Past performance of the firm as reflected by the	14835
evaluations of previous clients with respect to such factors as	14836
control of costs, quality of work, and meeting of deadlines;	14837

(4) Any other relevant factors as determined by the public	14838
authority;	14839

(5) With respect to a design-build firm, compliance with	14840
sections 4703.182, 4703.332, and 4733.16 of the Revised Code,	14841
including the use of a licensed design professional for all design	14842
services.	14843

(E) "Design-build contract" means a contract between a public	14844
authority and another person that obligates the person to provide	14845
design-build services.	14846

(F) "Design-build firm" means a person capable of providing	14847
design-build services.	14848

(G) "Design-build services" means services that form an	14849
integrated delivery system for which a person is responsible to a	14850
public authority for both the design and construction, demolition,	14851
alteration, repair, or reconstruction of a public improvement.	14852

(H) "Architect or engineer of record" means the architect or	14853
engineer that serves as the final signatory on the plans and	14854
specifications for the design-build project.	14855

(I) "Criteria architect or engineer" means the architect or	14856
engineer retained by a public authority to prepare conceptual	14857
plans and specifications, to assist the public authority in	14858
connection with the establishment of the design criteria for a	14859
design-build project, and, if requested by the public authority,	14860
to serve as the representative of the public authority and	14861
provide, during the design-build project, other design and	14862
construction administration services on behalf of the public	14863
authority, including but not limited to, confirming that the	14864
design prepared by the design-build firm reflects the original	14865
design intent established in the design criteria package.	14866

(J) "Open book pricing method" means a method in which a	14867
design-build firm provides the public authority, at the public	14868
authority's request, all books, records, documents, contracts,	14869
subcontracts, purchase orders, and other data in its possession	14870
pertaining to the bidding, pricing, or performance of a contract	14871
for design-build services awarded to the design-build firm.	14872

Sec. 153.66. (A) Each public authority planning to contract	14873
for professional design services or design-build services shall	14874
encourage professional design firms and design-build firms to	14875
submit a statement of qualifications and update the statements at	14876
regular intervals.	14877

(B) Notwithstanding any contrary requirements in sections	14878
153.65 to 153.70 of the Revised Code, for every design-build	14879
contract, each public authority planning to contract for	14880
design-build services shall evaluate the statements of	14881
qualifications submitted by design-build firms for the project,	14882
including the qualifications of the design-build firm's proposed	14883
architect or engineer of record, in consultation with the criteria	14884
architect or engineer before selecting a design-build firm	14885
pursuant to section 153.693 of the Revised Code.	14886

Sec. 153.67. Each public authority planning to contract for	14887
professional design services or design-build services shall	14888
publicly announce all contracts available from it for such	14889
services. The announcements shall:	14890

(A) Be made in a uniform and consistent manner and shall be	14891
made sufficiently in advance of the time that responses must be	14892
received from qualified professional design firms or design-build	14893
firms for the firms to have an adequate opportunity to submit a	14894
statement of interest in the project;	14895

(B) Include a general description of the project, a statement	14896
of the specific professional design services or design-build	14897
services required, and a description of the qualifications	14898
required for the project;	14899

(C) Indicate how qualified professional design firms or	14900
design-build firms may submit statements of qualifications in	14901
order to be considered for a contract to design or design-build	14902
the project;	14903

(D) Be sent to ~~either~~any of the following that the public	14904
authority considers appropriate:	14905

(1) ~~Each professional design firm that has a current~~	14906
~~statement of qualifications on file with the public authority and~~	14907
~~is qualified to perform the required professional design services~~	14908
Design-build firms, including contractors or other entities that	14909
seek to perform the work as a design-build firm;	14910

(2) Architect, landscape architect, engineer, and surveyor	14911
~~trade~~ associations~~, the~~;	14912

(3) The news media~~, and any~~;

14913

(4) Any publications or other public media ~~that the public~~	14914
~~authority considers appropriate~~, including electronic media.	14915

Sec. 153.69. For every professional design services	14916
contract, each public authority planning to contract for	14917
professional design services shall evaluate the statements of	14918
qualifications ~~of professional design firms currently on file,~~	14919
~~together with those that are~~ submitted by ~~other~~ professional	14920
design firms specifically regarding the project, and may hold	14921
discussions with individual firms to explore further the firms'	14922
statements of qualifications, the scope and nature of the services	14923
the firms would provide, and the various technical approaches the	14924
firms may take toward the project. Following this evaluation, the	14925
public authority shall:	14926

(A) Select and rank no fewer than three firms which it	14927
considers to be the most qualified to provide the required	14928
professional design services, except when the public authority	14929
determines in writing that fewer than three qualified firms are	14930
available in which case the public authority shall select and rank	14931
those firms;	14932

(B) Negotiate a contract with the firm ranked most qualified	14933
to perform the required services at a compensation determined in	14934
writing to be fair and reasonable to the public authority.	14935
Contract negotiations shall be directed toward:	14936

(1) Ensuring that the professional design firm and the agency	14937
have a mutual understanding of the essential requirements involved	14938
in providing the required services;	14939

(2) Determining that the firm will make available the	14940
necessary personnel, equipment, and facilities to perform the	14941
services within the required time;	14942

(3) Agreeing upon compensation which is fair and reasonable,	14943
taking into account the estimated value, scope, complexity, and	14944
nature of the services.	14945

(C) If a contract is negotiated with the firm ranked to	14946
perform the required services most qualified, the public authority	14947
shall, if applicable under section 127.16 of the Revised Code,	14948
request approval of the board to make expenditures under the	14949
contract.	14950

(D) Upon failure to negotiate a contract with the firm ranked	14951
most qualified, the public authority shall inform the firm in	14952
writing of the termination of negotiations and may enter into	14953
negotiations with the firm ranked next most qualified. If	14954
negotiations again fail, the same procedure ~~shall~~may be followed	14955
with each next most qualified firm selected and ranked pursuant to	14956
division (A) of this section, in order of ranking, until a	14957
contract is negotiated.	14958

(E) Should the public authority fail to negotiate a contract	14959
with any of the firms selected pursuant to division (A) of this	14960
section, the public authority ~~shall~~may select and rank additional	14961
firms, based on their qualifications, and negotiations ~~shall~~may	14962
continue as with the firms selected and ranked initially until a	14963
contract is negotiated.	14964

(F) Nothing in this section affects a public authority's	14965
right to accept or reject any or all proposals in whole or in	14966
part.	14967

Sec. 153.692. For every design-build contract, the public	14968
authority planning to contract for design-build services shall	14969
first obtain the services of a criteria architect or engineer by	14970
doing either of the following:	14971

(A) Contracting for the services consistent with sections	14972
153.65 to 153.70 of the Revised Code;	14973

(B) Obtaining the services through an architect or engineer	14974
who is an employee of the public authority and notifying the	14975
department of administrative services before the services are	14976
performed.	14977

Sec. 153.693. (A) For every design-build contract, the	14978
public authority planning to contract for design-build services,	14979
in consultation with the criteria architect or engineer, shall	14980
evaluate the statements of qualifications submitted by	14981
design-build firms specifically regarding the project, including	14982
the design-build firm's proposed architect or engineer of record.	14983
Following this evaluation, the public authority shall:	14984

(1) Select and rank not fewer than three firms which it	14985
considers to be the most qualified to provide the required	14986
design-build services, except that the public authority shall	14987
select and rank fewer than three firms when the public authority	14988
determines in writing that fewer than three qualified firms are	14989
available;	14990

(2) Provide each selected design-build firm with all of the	14991
following:	14992

(a) A description of the project and project delivery;

14993

(b) The design criteria produced by the criteria architect or	14994
engineer under section 153.692 of the Revised Code;	14995

14996

(d) A description of any preconstruction services;

14997

(e) A description of the proposed design services;

14998

(f) A description of a guaranteed maximum price, including	14999
the estimated level of design on which such guaranteed maximum	15000
price is based;	15001

(g) The form of the design-build services contract;

15002

(h) A request for a pricing proposal that shall be divided	15003
into a design services fee and a preconstruction and design-build	15004
services fee. The pricing proposal of each design-build firm shall	15005
include at least all of the following:	15006

(i) A list of key personnel and consultants for the project;

15007

(ii) Design concepts adhering to the design criteria produced	15008
by the criteria architect or engineer under section 153.692 of the	15009
Revised Code;	15010

(iii) The design-build firm's statement of general conditions	15011
and estimated contingency requirements;	15012

(iv) A preliminary project schedule.

15013

(3) Evaluate the pricing proposal submitted by each selected	15014
firm and, at its discretion, hold discussions with each firm to	15015
further investigate its pricing proposal, including the scope and	15016
nature of the firm's proposed services and potential technical	15017
approaches;	15018

(4) Rank the selected firms based on the public authority's	15019
evaluation of the value of each firm's pricing proposal, with such	15020
evaluation considering each firm's proposed costs and	15021
qualifications;	15022

(5) Enter into contract negotiations for design-build	15023
services with the design-build firm whose pricing proposal the	15024
public authority determines to be the best value under this	15025
section.	15026

(B) In complying with division (A)(5) of this section,	15027
contract negotiations shall be directed toward:	15028

(1) Ensuring that the design-build firm and the public	15029
authority mutually understand the essential requirements involved	15030
in providing the required design-build services, the provisions	15031
for the use of contingency funds, and the terms of the contract,	15032
including terms related to the possible distribution of savings in	15033
the final costs of the project;	15034

(2) Ensuring that the design-build firm shall be able to	15035
provide the necessary personnel, equipment, and facilities to	15036
perform the design-build services within the time required by the	15037
design-build construction contract;	15038

(3) Agreeing upon a procedure and schedule for determining a	15039
guaranteed maximum price using an open book pricing method that	15040
shall represent the total maximum amount to be paid by the public	15041
authority to the design-build firm for the project and that shall	15042
include the costs of all work, the cost of its general conditions,	15043
the contingency, and the fee payable to the design-build firm.	15044

(C) If the public authority fails to negotiate a contract	15045
with the design-build firm whose pricing proposal the public	15046
authority determines to be the best value as determined under this	15047
section, the public authority shall inform the design-build firm	15048
in writing of the termination of negotiations. The public	15049
authority may then do the following:	15050

(1) Negotiate a contract with a design-build firm ranked next	15051
highest under this section following the negotiation procedure	15052
described in this section;	15053

(2) If negotiations fail with the design-build firm under	15054
division (C)(1) of this section, negotiate a contract with the	15055
design-build firm ranked next highest under this section following	15056
the negotiation procedure described in this section and continue	15057
negotiating with the design-build firms selected under this	15058
section in the order of their ranking until a contract is	15059
negotiated.	15060

(D) If the public authority fails to negotiate a contract	15061
with a design-build firm whose pricing proposal the public	15062
authority determines to be the best value as determined under this	15063
section, it may select additional design-build firms to provide	15064
pricing proposals to the public authority pursuant to this section	15065
or may select an alternative delivery method for the project.	15066

(E) The public authority may provide a stipend for pricing	15067
proposals received from design-build firms.	15068

(F) Nothing in this section affects a public authority's	15069
right to accept or reject any or all proposals in whole or in	15070
part.	15071

Sec. 153.694. If a professional design firm selected as the	15072
criteria architect or engineer creates the preliminary criteria	15073
and design criteria for a project and provides professional design	15074
services to a public authority to assist that public authority in	15075
evaluating the design-build requirements provided to the public	15076
authority by a design-build firm pursuant to section 153.692 of	15077
the Revised Code, that professional design firm shall not provide	15078
any design-build services pursuant to the design-build contract	15079
under section 153.693 of the Revised Code for the project for	15080
which the professional design firm was selected as the criteria	15081
architect or engineer.	15082

Sec. 153.70. (A) Except for any person providing	15083
professional design services of a research or training nature, any	15084
person rendering professional design services to a public	15085
authority or to a design-build firm, including a criteria	15086
architect or engineer and person performing architect or engineer	15087
of record services, shall have and maintain, or be covered by,	15088
during the period the services are rendered, a professional	15089
liability insurance policy or policies with a company or companies	15090
that are authorized to do business in this state and that afford	15091
professional liability coverage for the professional design	15092
services rendered. The insurance shall be in amount considered	15093
sufficient by the public authority. At the public authority's	15094
discretion, the design-build firm shall carry contractor's	15095
professional liability insurance and any other insurance the	15096
public authority considers appropriate.	15097

(B) The requirement for professional liability insurance set	15098
forth in division (A) of this section may be waived by the public	15099
authority for good cause, or the public authority may allow the	15100
person providing the professional design services to provide other	15101
assurances of financial responsibility.	15102

(C) Before construction begins pursuant to a contract for	15103
design-build services with a design-build firm, the design-build	15104
firm shall provide a surety bond to the public authority in	15105
accordance with rules adopted by the director of administrative	15106
services under Chapter 119. of the Revised Code.	15107

Sec. 153.71. Any public authority planning to contract for	15108
professional design services or design-build services may adopt,	15109
amend, or rescind rules, in accordance with Chapter 119. of the	15110
Revised Code, to implement sections 153.66 to 153.70 of the	15111
Revised Code. Sections 153.66 to 153.70 of the Revised Code do not	15112
apply to ~~any~~either of the following:	15113

(A) Any project with an estimated professional design fee of	15114
less than ~~twenty-five~~fifty thousand dollars;if both of the	15115
following requirements are met:	15116

(1) The public authority selects a single design professional	15117
or firm from among those that have submitted a current statement	15118
of qualifications within the immediately preceding year, as	15119
provided under section 153.68 of the Revised Code, based on the	15120
public authority's determination that the selected design	15121
professional or firm is the most qualified to provide the required	15122
professional design services;	15123

(2) The public authority and the selected design professional	15124
or firm comply with division (B) of section 153.69 of the Revised	15125
Code with respect to the negotiation of a contract.	15126

(B) Any project determined in writing by the public authority	15127
head to be an emergency requiring immediate action including, but	15128
not limited to, any projects requiring multiple contracts let as	15129
part of a program requiring a large number of professional design	15130
firms of the same type;	15131

~~(C) Any public authority that is not empowered by law to~~	15132
~~contract for professional design services.~~	15133

Sec. 153.72. A design-build firm contracted for design-build	15134
services by a public authority may do either of the following:	15135

(A) Perform design, construction, demolition, alteration,	15136
repair, or reconstruction work pursuant to such contract;	15137

(B) Perform professional design services when contracted by a	15138
public authority for design-build services even if the	15139
design-build firm is not a professional design firm.	15140

Sec. 153.73. The requirements set forth in sections 153.65	15141
to 153.72 of the Revised Code for the bidding, selection, and	15142
award of a contract for professional design services or	15143
design-build services by a public authority prevail in the event	15144
of any conflict with any other provision of this chapter.	15145

Sec. 153.80. (A) A contract for the construction,	15146
demolition, alteration, repair, or reconstruction of a public	15147
improvement entered into on or after ~~the effective date of this~~	15148
~~section~~April 16, 1993, shall be deemed to include the provisions	15149
contained in division (B) of this section.	15150

(B)(1) In regard to any bond filed by the contractor for the	15151
work contracted, the contracting authority, in its sole	15152
discretion, may reduce the bond required by twenty-five per cent	15153
of the total amount of the bond after at least fifty per cent of	15154
the work contracted for has been completed and by fifty per cent	15155
after at least seventy-five per cent of the work contracted for	15156
has been completed provided that all of the following conditions	15157
are met:	15158

(a) The contracting authority determines that the percentage	15159
of the work that has been completed at the time of determination	15160
has been satisfactorily performed and meets the terms of the	15161
contract, including a provision in regard to the time when the	15162
whole or any specified portion of work contemplated in the	15163
contract must be completed;	15164

(b) The contracting authority determines that no disputed	15165
claim caused by the contractor exists or remains unresolved;	15166

(c) The successful bid upon which the contract is based was	15167
not more than ten per cent below the next lowest bid or not more	15168
than ten per cent below a cost estimate for the work as published	15169
by the contracting authority.	15170

(2) In regard to the amount of any funds retained, the	15171
contracting authority, in its sole discretion, may reduce the	15172
amount of funds retained pursuant to ~~section~~sections 153.12 and	15173
153.14 of the Revised Code for the faithful performance of work by	15174
fifty per cent of the amount of funds required to be retained	15175
pursuant to those sections, provided that the surety on the bond	15176
remains liable for all of the following that are caused due to	15177
default by the contractor:	15178

(a) Completion of the job;

15179

(b) All delay claims;

15180

15181

(d) All additional expenses incurred by the contracting	15182
authority.	15183

15184

(1) "Contracting authority" means an officer, board, or other	15185
authority of the state, a county, township, municipal corporation,	15186
or school district, or of any other political subdivision of the	15187
state, authorized to contract for the construction, demolition,	15188
alteration, repair, or reconstruction of a public improvement, and	15189
any construction manager at risk as defined in section 9.33 of the	15190
Revised Code or design-build firm as defined in section 153.65 of	15191
the Revised Code awarding a subcontract, but does not include an	15192
officer, board, or other authority of the department of	15193
transportation.	15194

(2) "Delay claim" means a claim that arises due to default on	15195
provisions in a contract in regard to the time when the whole or	15196
any specified portion of work contemplated in the contract must be	15197
completed.	15198

Sec. 154.02. (A) Pursuant to the provisions of Chapter 154.	15199
of the Revised Code, the issuing authority may issue obligations	15200
as from time to time authorized by or pursuant to act or	15201
resolution of the general assembly, consistent with such	15202
limitations thereon, subject to section 154.12 of the Revised	15203
Code, as the general assembly may thereby prescribe as to	15204
principal amount, bond service charges, or otherwise, and shall	15205
cause the proceeds thereof to be applied to those capital	15206
facilities designated by or pursuant to act of the general	15207
assembly for any of the following:	15208

(1) Mental hygiene and retardation, including housing for	15209
mental hygiene and retardation patients under Section 16 of	15210
Article VIII, Ohio Constitution;	15211

(2) State supported and assisted institutions of higher	15212
education, including community or technical ~~education~~colleges;	15213

(3) Parks and recreation;

15214

(4) Ohio cultural facilities;

15215

(5) Ohio sports facilities;

15216

(6) Housing of branches and agencies of state government.

15217

(B) The authority provided by Chapter 154. of the Revised	15218
Code is in addition to any other authority provided by law for the	15219
same or similar purposes, except as may otherwise specifically be	15220
provided in Chapter 154. of the Revised Code. In case any section	15221
or provision of Chapter 154. of the Revised Code or in case any	15222
covenant, stipulation, obligation, resolution, trust agreement,	15223
indenture, lease agreement, act, or action, or part thereof, made,	15224
assumed, entered into, or taken under Chapter 154. of the Revised	15225
Code, or any application thereof, is for any reason held to be	15226
illegal or invalid, such illegality or invalidity shall not affect	15227
the remainder thereof or any other section or provision of Chapter	15228
154. of the Revised Code or any other covenant, stipulation,	15229
obligation, resolution, trust agreement, indenture, lease,	15230
agreement, act, or action, or part thereof, made, assumed, entered	15231
into, or taken under such chapter, which shall be construed and	15232
enforced as if such illegal or invalid portion were not contained	15233
therein, nor shall such illegality or invalidity or any	15234
application thereof affect any legal and valid application	15235
thereof, and each such section, provision, covenant, stipulation,	15236
obligation, resolution, trust agreement, indenture, lease,	15237
agreement, act, or action, or part thereof, shall be deemed to be	15238
effective, operative, made, entered into or taken in the manner	15239
and to the full extent permitted by law.	15240

Sec. 154.07. For the respective purposes provided in	15241
sections 154.20, 154.21, 154.22, ~~and~~ 154.23, 154.24, and 154.25 of	15242
the Revised Code, the issuing authority may issue obligations of	15243
the state of Ohio as provided in Chapter 154. of the Revised Code,	15244
provided that the holders or owners of obligations shall have no	15245
right to have excises or taxes levied by the general assembly for	15246
the payment of the bond service charges. The right of holders and	15247
owners to payment of bond service charges shall be limited to the	15248
revenues or receipts and funds pledged thereto in accordance with	15249
Chapter 154. of the Revised Code, and each obligation shall bear	15250
on its face a statement to that effect. Chapter 154. of the	15251
Revised Code does not permit, and no provision of that chapter	15252
shall be applied to authorize or grant, a pledge of charges for	15253
the treatment or care of mental hygiene and retardation patients	15254
to bond service charges on obligations other than those issued for	15255
capital facilities for mental hygiene and retardation, or a pledge	15256
of any receipts of or on behalf of state supported or state	15257
assisted institutions of higher education to bond service charges	15258
on obligations other than those issued for capital facilities for	15259
state supported or state assisted institutions of higher	15260
education, or a pledge of receipts with respect to parks and	15261
recreation to bond service charges on obligations other than those	15262
issued for capital facilities for parks and recreation, or a	15263
pledge of revenues or receipts received by or on behalf of any	15264
state agency to bond service charges on obligations other than	15265
those issued for capital facilities which are in whole or in part	15266
useful to, constructed by, or financed by the state agency that	15267
receives the revenues or receipts so pledged.	15268

Sec. 154.11. The issuing authority may authorize and issue	15269
obligations for the refunding, including funding and retirement,	15270
of any obligations previously issued under this chapter and any	15271
bonds or notes previously issued under Chapter 152. of the Revised	15272
Code ~~to pay costs of capital facilities leased to the Ohio~~	15273
~~cultural facilities commission, formerly known as the Ohio arts~~	15274
~~and sports facilities commission~~. Such obligations may be issued	15275
in amounts sufficient for payment of the principal amount of the	15276
prior obligations, any redemption premiums thereon, principal	15277
maturities of any such obligations maturing prior to the	15278
redemption of the remaining obligations on a parity therewith,	15279
interest accrued or to accrue to the maturity dates or dates of	15280
redemption of such obligations, and any expenses incurred or to be	15281
incurred in connection with such issuance and such refunding,	15282
funding, and retirement. Subject to the bond proceedings therefor,	15283
the portion of proceeds of the sale of obligations issued under	15284
this section to be applied to bond service charges on the prior	15285
obligations shall be credited to the bond service fund for those	15286
prior obligations. Obligations authorized under this section shall	15287
be deemed to be issued for those purposes for which those prior	15288
obligations were issued and are subject to the provisions of	15289
Chapter 154. of the Revised Code pertaining to other obligations,	15290
except as otherwise indicated by this section and except for	15291
division (A) of section 154.02 of the Revised Code, provided that,	15292
unless otherwise authorized by the general assembly, any	15293
limitations imposed by the general assembly pursuant to that	15294
division with respect to bond service charges applicable to the	15295
prior obligations shall be applicable to the obligations issued	15296
under this section to refund, fund, or retire those prior	15297
obligations.	15298

Sec. 154.24. (A) In addition to the definitions provided in	15299
section 154.01 of the Revised Code:	15300

(1) "Capital facilities" includes, for purposes of this	15301
section, storage and parking facilities related to such capital	15302
facilities.	15303

(2) "Costs of capital facilities" includes, for purposes of	15304
this section, the costs of assessing, planning, and altering	15305
capital facilities, and the financing thereof, all related direct	15306
administrative expenses and allocable portions of direct costs of	15307
lessee state agencies, and all other expenses necessary or	15308
incident to the assessment, planning, alteration, maintenance,	15309
equipment, or furnishing of capital facilities and the placing of	15310
the same in use and operation, including any one, part of, or	15311
combination of such classes of costs and expenses.	15312

(3) "Governmental agency" includes, for purposes of this	15313
section, any state of the United States or any department,	15314
division, or agency of any state.	15315

(4) "State agency" includes, for purposes of this section,	15316
branches, authorities, courts, the general assembly, counties,	15317
municipal corporations, and any other governmental entities of	15318
this state that enter into leases with the commission pursuant to	15319
this section or that are designated by law as state agencies for	15320
the purpose of performing a state function that is to be housed by	15321
a capital facility for which the issuing authority is authorized	15322
to issue revenue obligations pursuant to this section.	15323

(B) Subject to authorization by the general assembly under	15324
section 154.02 of the Revised Code, the issuing authority may	15325
issue obligations pursuant to this chapter to pay costs of capital	15326
facilities for housing branches and agencies of state government,	15327
including capital facilities for the purpose of housing personnel,	15328
equipment, or functions, or any combination thereof that a state	15329
agency is responsible for housing, including obligations to pay	15330
the costs of capital facilities described in section 307.021 of	15331
the Revised Code, and the costs of capital facilities in which one	15332
or more state agencies are participating with the federal	15333
government, municipal corporations, counties, or other	15334
governmental entities, or any one or more of them, and in which	15335
that portion of the facility allocated to the participating state	15336
agencies is to be used for the purpose of housing branches and	15337
agencies of state government including housing personnel,	15338
equipment, or functions, or any combination thereof. Such	15339
participation may be by grants, loans, or contributions to other	15340
participating governmental agencies for any of those capital	15341
facilities.	15342

(C) The commission may lease any capital facilities for	15343
housing branches and agencies of state government to, and make or	15344
provide for other agreements with respect to the use or purchase	15345
of such capital facilities with, any state agency or governmental	15346
agency having authority under law to operate such capital	15347
facilities.	15348

(D)(1) For purposes of this division, "available receipts"	15349
means fees, charges, revenues, grants, subsidies, income from the	15350
investment of moneys, proceeds from the sale of goods or services,	15351
and all other revenues or receipts derived from the operation,	15352
leasing, or other disposition of capital facilities financed with	15353
obligations issued under this section or received by or on behalf	15354
of any state agency for which capital facilities are financed with	15355
obligations issued under this section or any state agency	15356
participating in or by which the capital facilities are	15357
constructed or financed; the proceeds of obligations issued under	15358
this section and sections 154.11 or 154.12 of the Revised Code;	15359
and any moneys appropriated by a governmental agency, and gifts,	15360
grants, donations, and pledges, and receipts therefrom, available	15361
for the payment of bond service charges on such obligations.	15362

(2) The issuing authority may pledge all, or such portion as	15363
it determines, of the available receipts to the payment of bond	15364
service charges on obligations issued under this section and	15365
section 154.11 or 154.12 of the Revised Code and for the	15366
establishment and maintenance of any reserves, as provided in the	15367
bond proceedings, and make other provisions therein with respect	15368
to such available receipts as authorized by this chapter, which	15369
provisions shall be controlling notwithstanding any other	15370
provision of law pertaining thereto.	15371

(E) There are hereby created in the custody of the treasurer	15372
of state, but separate and apart from and not a part of the state	15373
treasury, the administrative facilities bond service trust fund,	15374
the adult correctional facilities bond service trust fund, the	15375
juvenile correctional facilities bond service trust fund, and the	15376
public safety bond service trust fund. All money received by or on	15377
account of the issuing authority or the commission and required by	15378
the applicable bond proceedings to be deposited, transferred, or	15379
credited to any of these funds, and all other money transferred or	15380
allocated to or received for the purposes of any of these funds,	15381
shall be deposited with the treasurer of state and credited to	15382
such fund, subject to applicable provisions of the bond	15383
proceedings, but without necessity for any act or appropriation.	15384
These bond service funds are trust funds and are hereby pledged to	15385
the payment of bond service charges on the applicable obligations	15386
issued pursuant to this section and section 154.11 or 154.12 of	15387
the Revised Code to the extent provided in the applicable bond	15388
proceedings, and payment thereof from such funds shall be made or	15389
provided for by the treasurer of state in accordance with such	15390
bond proceedings without necessity for any act or appropriation.	15391

(F) There are hereby created in the state treasury the	15392
administrative building fund, the adult correctional building	15393
fund, the juvenile correctional building fund, and the public	15394
safety building fund. Subject to the bond proceedings therefor,	15395
the proceeds of the sale of obligations pursuant to this section	15396
shall be credited to the appropriate fund, except that any accrued	15397
interest shall be credited to the appropriate bond service trust	15398
fund created pursuant to this section. These funds may also	15399
consist of gifts, grants, appropriated money, and other sums and	15400
securities received to the credit of such fund. All investment	15401
earnings of each fund shall be credited to the fund. The funds	15402
shall be applied to pay the costs of capital facilities as defined	15403
in this section and set forth in the bond proceedings.	15404

(G) This section is to be applied with other applicable	15405
provisions of this chapter.	15406

Sec. 154.25. (A) As used in this section:

15407

(1) "Available community or technical college receipts" means	15408
all money received by a community or technical college or	15409
community or technical college district, including income,	15410
revenues, and receipts from the operation, ownership, or control	15411
of facilities, grants, gifts, donations, and pledges and receipts	15412
therefrom, receipts from fees and charges, the allocated state	15413
share of instruction as defined in section 3333.90 of the Revised	15414
Code, and the proceeds of the sale of obligations, including	15415
proceeds of obligations issued to refund obligations previously	15416
issued, but excluding any special fee, and receipts therefrom,	15417
charged pursuant to division (D) of section 154.21 of the Revised	15418
Code.	15419

(2) "Community or technical college," "college," "community	15420
or technical college district," and "district" have the same	15421
meanings as in section 3333.90 of the Revised Code.	15422

(3) "Community or technical college capital facilities" means	15423
auxiliary facilities, education facilities, and housing and dining	15424
facilities, as those terms are defined in section 3345.12 of the	15425
Revised Code, to the extent permitted to be financed by the	15426
issuance of obligations under division (A)(2) of section 3357.112	15427
of the Revised Code, that are authorized by sections 3354.121,	15428
3357.112, and 3358.10 of the Revised Code to be financed by	15429
obligations issued by a community or technical college district,	15430
and for which the issuing authority is authorized to issue	15431
obligations pursuant to this section, and includes any one, part	15432
of, or any combination of the foregoing, and further includes site	15433
improvements, utilities, machinery, furnishings, and any separate	15434
or connected buildings, structures, improvements, sites, open	15435
space and green space areas, utilities, or equipment to be used	15436
in, or in connection with the operation or maintenance of, or	15437
supplementing or otherwise related to the services or facilities	15438
to be provided by, such facilities.	15439

(4) "Cost of community or technical college capital	15440
facilities" means the costs of acquiring, constructing,	15441
reconstructing, rehabilitating, remodeling, renovating, enlarging,	15442
improving, equipping, or furnishing community or technical college	15443
capital facilities, and the financing thereof, including the cost	15444
of clearance and preparation of the site and of any land to be	15445
used in connection with community or technical college capital	15446
facilities, the cost of any indemnity and surety bonds and	15447
premiums on insurance, all related direct administrative expenses	15448
and allocable portions of direct costs of the commission and the	15449
issuing authority, community or technical college or community or	15450
technical college district, cost of engineering, architectural	15451
services, design, plans, specifications and surveys, estimates of	15452
cost, legal fees, fees and expenses of trustees, depositories,	15453
bond registrars, and paying agents for obligations, cost of	15454
issuance of obligations and financing costs and fees and expenses	15455
of financial advisers and consultants in connection therewith,	15456
interest on obligations from the date thereof to the time when	15457
interest is to be covered by available receipts or other sources	15458
other than proceeds of those obligations, amounts necessary to	15459
establish reserves as required by the bond proceedings, costs of	15460
audits, the reimbursements of all moneys advanced or applied by or	15461
borrowed from the community or technical college, community or	15462
technical college district, or others, from whatever source	15463
provided, including any temporary advances from state	15464
appropriations, for the payment of any item or items of cost of	15465
community or technical college facilities, and all other expenses	15466
necessary or incident to planning or determining feasibility or	15467
practicability with respect to such facilities, and such other	15468
expenses as may be necessary or incident to the acquisition,	15469
construction, reconstruction, rehabilitation, remodeling,	15470
renovation, enlargement, improvement, equipment, and furnishing of	15471
community or technical college capital facilities, the financing	15472
thereof and the placing of them in use and operation, including	15473
any one, part of, or combination of such classes of costs and	15474
expenses.	15475

(5) "Capital facilities" includes community or technical	15476
college capital facilities.	15477

(6) "Obligations" has the same meaning as in section 154.01	15478
or 3345.12 of the Revised Code, as the context requires.	15479

(B) The issuing authority is authorized to issue revenue	15480
obligations under Section 2i of Article VIII, Ohio Constitution,	15481
on behalf of a community or technical college district and shall	15482
cause the net proceeds thereof, after any deposits of accrued	15483
interest for the payment of bond service charges and after any	15484
deposit of all or such lesser portion as the issuing authority may	15485
direct of the premium received upon the sale of those obligations	15486
for the payment of the bond service charges, to be applied to the	15487
cost of community or technical college capital facilities,	15488
provided that the issuance of such obligations is subject to the	15489
execution of a written agreement in accordance with division (C)	15490
of section 3333.90 of the Revised Code for the withholding and	15491
depositing of funds otherwise due the district, or the college it	15492
operates, in respect of its allocated state share of instruction.	15493

(C) The bond service charges and all other payments required	15494
to be made by the trust agreement or indenture securing the	15495
obligations shall be payable solely from available community or	15496
technical college receipts pledged thereto as provided in the	15497
resolution. The available community or technical college receipts	15498
pledged and thereafter received by the commission are immediately	15499
subject to the lien of such pledge without any physical delivery	15500
thereof or further act, and the lien of any such pledge is valid	15501
and binding against all parties having claims of any kind against	15502
the authority, irrespective of whether those parties have notice	15503
thereof, and creates a perfected security interest for all	15504
purposes of Chapter 1309. of the Revised Code and a perfected lien	15505
for purposes of any real property interest, all without the	15506
necessity for separation or delivery of funds or for the filing or	15507
recording of the resolution, trust agreement, indenture, or other	15508
agreement by which such pledge is created or any certificate,	15509
statement, or other document with respect thereto; and the pledge	15510
of such available community or technical college receipts is	15511
effective and the money therefrom and thereof may be applied to	15512
the purposes for which pledged. Every pledge, and every covenant	15513
and agreement made with respect to the pledge, made in the	15514
resolution may therein be extended to the benefit of the owners	15515
and holders of obligations authorized by this section, and to any	15516
trustee therefor, for the further securing of the payment of the	15517
bond service charges, and all or any rights under any agreement or	15518
lease made under this section may be assigned for such purpose.	15519

(D) This section is to be applied with other applicable	15520
provisions of this chapter.	15521

Sec. 166.02. (A) The general assembly finds that many local	15522
areas throughout the state are experiencing economic stagnation or	15523
decline, and that the economic development programs provided for	15524
in this chapter will constitute deserved, necessary reinvestment	15525
by the state in those areas, materially contribute to their	15526
economic revitalization, and result in improving the economic	15527
welfare of all the people of the state. Accordingly, it is	15528
declared to be the public policy of the state, through the	15529
operations of this chapter and other applicable laws adopted	15530
pursuant to Section 2p or 13 of Article VIII, Ohio Constitution,	15531
and other authority vested in the general assembly, to assist in	15532
and facilitate the establishment or development of eligible	15533
projects or assist and cooperate with any governmental agency in	15534
achieving such purpose.	15535

(B) In furtherance of such public policy and to implement	15536
such purpose, the director of development may:	15537

(1) After consultation with appropriate governmental	15538
agencies, enter into agreements with persons engaged in industry,	15539
commerce, distribution, or research and with governmental agencies	15540
to induce such persons to acquire, construct, reconstruct,	15541
rehabilitate, renovate, enlarge, improve, equip, or furnish, or	15542
otherwise develop, eligible projects and make provision therein	15543
for project facilities and governmental actions, as authorized by	15544
this chapter and other applicable laws, subject to any required	15545
actions by the general assembly or the controlling board and	15546
subject to applicable local government laws and regulations;	15547

(2) Provide for the guarantees and loans as provided for in	15548
sections 166.06 and 166.07 of the Revised Code;	15549

(3) Subject to release of such moneys by the controlling	15550
board, contract for labor and materials needed for, or contract	15551
with others, including governmental agencies, to provide, project	15552
facilities the allowable costs of which are to be paid for or	15553
reimbursed from moneys in the facilities establishment fund, and	15554
contract for the operation of such project facilities;	15555

(4) Subject to release thereof by the controlling board, from	15556
moneys in the facilities establishment fund acquire or contract to	15557
acquire by gift, exchange, or purchase, including the obtaining	15558
and exercise of purchase options, property, and convey or	15559
otherwise dispose of, or provide for the conveyance or disposition	15560
of, property so acquired or contracted to be acquired by sale,	15561
exchange, lease, lease purchase, conditional or installment sale,	15562
transfer, or other disposition, including the grant of an option	15563
to purchase, to any governmental agency or to any other person	15564
without necessity for competitive bidding and upon such terms and	15565
conditions and manner of consideration pursuant to and as the	15566
director determines to be appropriate to satisfy the objectives of	15567
sections 166.01 to 166.11 of the Revised Code;	15568

(5) Retain the services of or employ financial consultants,	15569
appraisers, consulting engineers, superintendents, managers,	15570
construction and accounting experts, attorneys, and employees,	15571
agents, and independent contractors as are necessary in the	15572
director's judgment and fix the compensation for their services;	15573

(6) Receive and accept from any person grants, gifts, and	15574
contributions of money, property, labor, and other things of	15575
value, to be held, used and applied only for the purpose for which	15576
such grants, gifts, and contributions are made;	15577

(7) Enter into appropriate arrangements and agreements with	15578
any governmental agency for the taking or provision by that	15579
governmental agency of any governmental action;	15580

(8) Do all other acts and enter into contracts and execute	15581
all instruments necessary or appropriate to carry out the	15582
provisions of this chapter;	15583

(9) Adopt rules to implement any of the provisions of this	15584
chapter applicable to the director.	15585

(C) The determinations by the director that facilities	15586
constitute eligible projects, that facilities are project	15587
facilities, that costs of such facilities are allowable costs, and	15588
all other determinations relevant thereto or to an action taken or	15589
agreement entered into shall be conclusive for purposes of the	15590
validity and enforceability of rights of parties arising from	15591
actions taken and agreements entered into under this chapter.	15592

(D) Except as otherwise prescribed in this chapter, all	15593
expenses and obligations incurred by the director in carrying out	15594
the director's powers and in exercising the director's duties	15595
under this chapter, shall be payable solely from, as appropriate,	15596
moneys in the facilities establishment fund, the loan guarantee	15597
fund, the innovation Ohio loan guarantee fund, the innovation Ohio	15598
loan fund, the research and development loan fund, the logistics	15599
and distribution infrastructure fund, the logistics and	15600
distribution infrastructure taxable bond fund, or moneys	15601
appropriated for such purpose by the general assembly. This	15602
chapter does not authorize the director or the issuing authority	15603
under section 166.08 of the Revised Code to incur bonded	15604
indebtedness of the state or any political subdivision thereof, or	15605
to obligate or pledge moneys raised by taxation for the payment of	15606
any bonds or notes issued or guarantees made pursuant to this	15607
chapter.	15608

(E) ~~No financial assistance for project facilities shall be~~	15609
~~provided under this chapter unless the provisions of the agreement~~	15610
~~providing for such assistance specify that all wages paid to~~	15611
~~laborers and mechanics employed on such project facilities for~~	15612
~~which the assistance is granted shall be paid at the prevailing~~	15613
~~rates of wages of laborers and mechanics for the class of work~~	15614
~~called for by such project facilities, which wages shall be~~	15615
~~determined in accordance with the requirements of Chapter 4115. of~~	15616
~~the Revised Code for determination of prevailing wage rates,~~	15617
~~provided that the requirements of this division do not apply where~~	15618
~~the federal government or any of its agencies provides financing~~	15619
~~assistance as to all or any part of the funds used in connection~~	15620
~~with such project facilities and prescribes predetermined minimum~~	15621
~~wages to be paid to such laborers and mechanics; and provided~~	15622
~~further that should a nonpublic user beneficiary of the eligible~~	15623
~~project undertake, as part of the eligible project, construction~~	15624
~~to be performed by its regular bargaining unit employees who are~~	15625
~~covered under a collective bargaining agreement which was in~~	15626
~~existence prior to the date of the document authorizing such~~	15627
~~assistance then, in that event, the rate of pay provided under the~~	15628
~~collective bargaining agreement may be paid to such employees.~~	15629

~~(F)~~ Any governmental agency may enter into an agreement with	15630
the director, any other governmental agency, or a person to be	15631
assisted under this chapter, to take or provide for the purposes	15632
of this chapter any governmental action it is authorized to take	15633
or provide, and to undertake on behalf and at the request of the	15634
director any action which the director is authorized to undertake	15635
pursuant to divisions (B)(3), (4), and (5) of this section or	15636
divisions (B)(3), (4), and (5) of section 166.12 of the Revised	15637
Code. Governmental agencies of the state shall cooperate with and	15638
provide assistance to the director of development and the	15639
controlling board in the exercise of their respective functions	15640
under this chapter.	15641

Sec. 167.081. A regional council may enter into a contract	15642
that establishes a unit price for, and provides upon a per unit	15643
basis, materials, labor, services, overhead, profit, and	15644
associated expenses for the repair, enlargement, improvement, or	15645
demolition of a building or structure if the contract is awarded	15646
pursuant to a competitive bidding procedure of a county, municipal	15647
corporation, or township or a special district, school district,	15648
or other political subdivision that is a council member; a	15649
statewide consortium of which the council is a member; or a	15650
multistate consortium of which the council is a member.	15651

A public notice requirement pertaining to the contract shall	15652
be considered as having been met if the public notice is given	15653
once a week for at least two consecutive weeks in a newspaper of	15654
general circulation within a county in this state in which the	15655
council has members and if the notice is posted on the council's	15656
internet web site for at least two consecutive weeks before the	15657
date specified for receiving bids.	15658

A county, municipal corporation, or township and a special	15659
district, school district, or other political subdivision that is	15660
a council member may participate in a contract entered into under	15661
this section. Purchases under a contract entered into under this	15662
section are exempt from any competitive selection or bidding	15663
requirements otherwise required by law. A county, municipal	15664
corporation, or township or a special district, school district,	15665
or other political subdivision that is a member of the council is	15666
not entitled to participate in a contract entered into under this	15667
section if it has received bids for the same work under another	15668
contract, unless participation in a contract under this section	15669
will enable the member to obtain the same work, upon the same	15670
terms, conditions, and specifications, at a lower price.	15671

Sec. 173.14. As used in sections 173.14 to 173.27 of the	15672
Revised Code:	15673

(A)(1) Except as otherwise provided in division (A)(2) of	15674
this section, "long-term care facility" includes any residential	15675
facility that provides personal care services for more than	15676
twenty-four hours for two or more unrelated adults, including all	15677
of the following:	15678

(a) A "nursing home," "residential care facility," or "home	15679
for the aging" as defined in section 3721.01 of the Revised Code;	15680

(b) A facility authorized to provide extended care services	15681
under Title XVIII of the "Social Security Act," 49 Stat. 620	15682
(1935), 42 U.S.C. 301, as amended, including a long-term acute	15683
care hospital that provides medical and rehabilitative care to	15684
patients who require an average length of stay greater than	15685
twenty-five days and is classified by the centers for medicare and	15686
medicaid services as a long-term care hospital pursuant to 42	15687
C.F.R. 412.23(e);	15688

(c) A county home or district home operated pursuant to	15689
Chapter 5155. of the Revised Code;	15690

(d) An "adult care facility" as defined in section ~~3722.01~~	15691
5119.70 of the Revised Code;	15692

(e) A facility approved by the veterans administration under	15693
section 104(a) of the "Veterans Health Care Amendments of 1983,"	15694
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	15695
the placement and care of veterans;	15696

(f) An adult foster home certified under section ~~173.36~~	15697
5119.692 of the Revised Code.	15698

(2) "Long-term care facility" does not include a "residential	15699
facility" as defined in section 5119.22 of the Revised Code or a	15700
"residential facility" as defined in section 5123.19 of the	15701
Revised Code.	15702

(B) "Resident" means a resident of a long-term care facility	15703
and, where appropriate, includes a prospective, previous, or	15704
deceased resident of a long-term care facility.	15705

(C) "Community-based long-term care services" means health	15706
and social services provided to persons in their own homes or in	15707
community care settings, and includes any of the following:	15708

(1) Case management;

15709

(2) Home health care;

15710

(3) Homemaker services;

15711

(4) Chore services;

15712

(5) Respite care;

15713

(6) Adult day care;

15714

(7) Home-delivered meals;

15715

(8) Personal care;

15716

(9) Physical, occupational, and speech therapy;

15717

(10) Transportation;

15718

(11) Any other health and social services provided to persons	15719
that allow them to retain their independence in their own homes or	15720
in community care settings.	15721

(D) "Recipient" means a recipient of community-based	15722
long-term care services and, where appropriate, includes a	15723
prospective, previous, or deceased recipient of community-based	15724
long-term care services.	15725

(E) "Sponsor" means an adult relative, friend, or guardian	15726
who has an interest in or responsibility for the welfare of a	15727
resident or a recipient.	15728

(F) "Personal care services" has the same meaning as in	15729
section 3721.01 of the Revised Code.	15730

(G) "Regional long-term care ombudsperson program" means an	15731
entity, either public or private and nonprofit, designated as a	15732
regional long-term care ombudsperson program by the state	15733
long-term care ombudsperson.	15734

(H) "Representative of the office of the state long-term care	15735
ombudsperson program" means the state long-term care ombudsperson	15736
or a member of the ombudsperson's staff, or a person certified as	15737
a representative of the office under section 173.21 of the Revised	15738
Code.	15739

(I) "Area agency on aging" means an area agency on aging	15740
established under the "Older Americans Act of 1965," 79 Stat. 219,	15741
42 U.S.C.A. 3001, as amended.	15742

Sec. 173.21. (A) The office of the state long-term care	15743
~~ombudsman~~ombudsperson program, through the state long-term care	15744
~~ombudsman~~ombudsperson and the regional long-term care ~~ombudsman~~	15745
ombudsperson programs, shall require each representative of the	15746
office to complete a training and certification program in	15747
accordance with this section and to meet the continuing education	15748
requirements established under this section.	15749

(B) The department of aging shall adopt rules under Chapter	15750
119. of the Revised Code specifying the content of training	15751
programs for representatives of the office of the state long-term	15752
care ~~ombudsman~~ombudsperson program. Training for representatives	15753
other than those who are volunteers providing services through	15754
regional long-term care ~~ombudsman~~ombudsperson programs shall	15755
include instruction regarding federal, state, and local laws,	15756
rules, and policies on long-term care facilities and	15757
community-based long-term care services; investigative techniques;	15758
and other topics considered relevant by the department and shall	15759
consist of the following:	15760

(1) A minimum of forty clock hours of basic instruction,	15761
which shall be completed before the trainee is permitted to handle	15762
complaints without the supervision of a representative of the	15763
office certified under this section;	15764

(2) An additional sixty clock hours of instruction, which	15765
shall be completed within the first fifteen months of employment;	15766

(3) An internship of twenty clock hours, which shall be	15767
completed within the first twenty-four months of employment,	15768
including instruction in, and observation of, basic nursing care	15769
and long-term care provider operations and procedures. The	15770
internship shall be performed at a site that has been approved as	15771
an internship site by the state long-term care ~~ombudsman~~	15772
ombudsperson.	15773

(4) One of the following, which shall be completed within the	15774
first twenty-four months of employment:	15775

(a) Observation of a survey conducted by the director of	15776
health to certify a facility to receive funds under sections	15777
5111.20 to 5111.32 of the Revised Code;	15778

(b) Observation of an inspection conducted by the director of	15779
mental health to license an adult care facility under section	15780
~~3722.04~~5119.73 of the Revised Code.	15781

(5) Any other training considered appropriate by the	15782
department.	15783

(C) Persons who for a period of at least six months prior to	15784
June 11, 1990, served as ombudsmen through the long-term care	15785
~~ombudsman~~ombudsperson program established by the department of	15786
aging under division (M) of section 173.01 of the Revised Code	15787
shall not be required to complete a training program. These	15788
persons and persons who complete a training program shall take an	15789
examination administered by the department of aging. On attainment	15790
of a passing score, the person shall be certified by the	15791
department as a representative of the office. The department shall	15792
issue the person an identification card, which the representative	15793
shall show at the request of any person with whom hethe	15794
representative deals while performing ~~his~~the representative's	15795
duties and which he shall ~~surrender~~be surrendered at the time he	15796
the representative separates from the office.	15797

(D) The state ~~ombudsman~~ombudsperson and each regional	15798
program shall conduct training programs for volunteers on their	15799
respective staffs in accordance with the rules of the department	15800
of aging adopted under division (B) of this section. Training	15801
programs may be conducted that train volunteers to complete some,	15802
but not all, of the duties of a representative of the office. Each	15803
regional office shall bear the cost of training its	15804
representatives who are volunteers. On completion of a training	15805
program, the representative shall take an examination administered	15806
by the department of aging. On attainment of a passing score, hea	15807
volunteer shall be certified by the department as a representative	15808
authorized to perform services specified in the certification. The	15809
department shall issue an identification card, which the	15810
representative shall show at the request of any person with whom	15811
hethe representative deals while performing ~~his~~the	15812
representative's duties and which he shall ~~surrender~~be	15813
surrendered at the time hethe representative separates from the	15814
office. Except as a supervised part of a training program, no	15815
volunteer shall perform any duty unless he is certified as a	15816
representative having received appropriate training for that duty.	15817

(E) The state ~~ombudsman~~ombudsperson shall provide technical	15818
assistance to regional programs conducting training programs for	15819
volunteers and shall monitor the training programs.	15820

(F) Prior to scheduling an observation of a certification	15821
survey or licensing inspection for purposes of division (B)(4) of	15822
this section, the state ~~ombudsman~~ombudsperson shall obtain	15823
permission to have the survey or inspection observed from both the	15824
director of health and the long-term care facility at which the	15825
survey or inspection is to take place.	15826

(G) The department of aging shall establish continuing	15827
education requirements for representatives of the office.	15828

Sec. 173.26. (A) Each of the following facilities shall	15829
annually pay to the department of aging six dollars for each bed	15830
maintained by the facility for use by a resident during any part	15831
of the previous year:	15832

(1) Nursing homes, residential care facilities, and homes for	15833
the aging as defined in section 3721.01 of the Revised Code;	15834

(2) Facilities authorized to provide extended care services	15835
under Title XVIII of the "Social Security Act," 49 Stat. 620	15836
(1935), 42 U.S.C. 301, as amended, including a long-term acute	15837
care hospital that provides medical and rehabilitative care to	15838
patients who require an average length of stay greater than	15839
twenty-five days and is classified by the centers for medicare and	15840
medicaid services as a long-term care hospital pursuant to 42	15841
C.F.R. 412.23(e);	15842

(3) County homes and district homes operated pursuant to	15843
Chapter 5155. of the Revised Code;	15844

(4) Adult care facilities as defined in section ~~3722.01~~	15845
5119.70 of the Revised Code;	15846

(5) Facilities approved by the Veterans Administration under	15847
Section 104(a) of the "Veterans Health Care Amendments of 1983,"	15848
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	15849
the placement and care of veterans.	15850

The department shall, by rule adopted in accordance with	15851
Chapter 119. of the Revised Code, establish deadlines for payments	15852
required by this section. A facility that fails, within ninety	15853
days after the established deadline, to pay a payment required by	15854
this section shall be assessed at two times the original invoiced	15855
payment.	15856

(B) All money collected under this section shall be deposited	15857
in the state treasury to the credit of the office of the state	15858
long-term care ombudsperson program fund, which is hereby created.	15859
Money credited to the fund shall be used solely to pay the costs	15860
of operating the regional long-term care ombudsperson programs.	15861

(C) The state long-term care ombudsperson and the regional	15862
programs may solicit and receive contributions to support the	15863
operation of the office or a regional program, except that no	15864
contribution shall be solicited or accepted that would interfere	15865
with the independence or objectivity of the office or program.	15866

Sec. 173.391. (A) The department of aging or its designee	15867
shall do all of the following in accordance with Chapter 119. of	15868
the Revised Code:	15869

(1) Certify a person or government entity to provide	15870
community-based long-term care services under a program the	15871
department administers if the person or government entity	15872
satisfies the requirements for certification established by rules	15873
adopted under division (B) of this section and pays the fee, if	15874
any, established by rules adopted under division (G) of this	15875
section;	15876

(2) When required to do so by rules adopted under division	15877
(B) of this section, take one or more of the following	15878
disciplinary actions against a person or government entity ~~issued~~	15879
~~a certificate~~certified under division (A)(1) of this section:	15880

(a) Issue a written warning;

15881

(b) Require the submission of a plan of correction or	15882
evidence of compliance with requirements identified by the	15883
department;	15884

15885

(d) Remove clients;

15886

(e) Impose a fiscal sanction such as a civil monetary penalty	15887
or an order that unearned funds be repaid;	15888

(f) Suspend the certification;

15889

(g) Revoke the ~~certificate~~certification;

15890

~~(g)~~(h) Impose another sanction.

15891

(3) ~~Hold~~Except as provided in division (E) of this section,	15892
hold hearings when there is a dispute between the department or	15893
its designee and a person or government entity concerning actions	15894
the department or its designee takes ~~or does not take~~regarding a	15895
decision not to certify the person or government entity under	15896
division (A)(1) of this section or a disciplinary action under	15897
division (A)~~(1) or~~ (2)~~(c)~~(e) to ~~(g)~~(h) of this section.	15898

(B) The director of aging shall adopt rules in accordance	15899
with Chapter 119. of the Revised Code establishing certification	15900
requirements and standards for determining which type of	15901
disciplinary action to take under division (A)(2) of this section	15902
in individual situations. The rules shall establish procedures for	15903
all of the following:	15904

(1) Ensuring that community-based long-term care agencies	15905
comply with section 173.394 of the Revised Code;	15906

(2) Evaluating the services provided by the agencies to	15907
ensure that ~~they~~the services are provided in a quality manner	15908
advantageous to the individual receiving the services;	15909

(3) Determining when to take disciplinary action under	15910
division (A)(2) of this section and which disciplinary action to	15911
take;	15912

(4) Determining what constitutes another sanction for	15913
purposes of division (A)(2)(h) of this section.	15914

(C) The procedures established in rules adopted under	15915
division (B)(2) of this section shall require that all of the	15916
following be considered as part of an evaluation described in	15917
division (B)(2) of this section:	15918

(1) The ~~service provider's~~community-based long-term care	15919
agency's experience and financial responsibility;	15920

(2) The ~~service provider's~~agency's ability to comply with	15921
standards for the community-based long-term care services that the	15922
~~provider~~agency provides under a program the department	15923
administers;	15924

(3) The ~~service provider's~~agency's ability to meet the needs	15925
of the individuals served;	15926

(4) Any other factor the director considers relevant.

15927

(D) The rules adopted under division (B)(3) of this section	15928
shall specify that the reasons disciplinary action may be taken	15929
under division (A)(2) of this section include good cause,	15930
including misfeasance, malfeasance, nonfeasance, confirmed abuse	15931
or neglect, financial irresponsibility, or other conduct the	15932
director determines is injurious, or poses a threat, to the health	15933
or safety of individuals being served.	15934

(E) Subject to division (F) of this section, the department	15935
is not required to hold hearings under division (A)(3) of this	15936
section if any of the following conditions apply:	15937

(1) Rules adopted by the director of aging pursuant to this	15938
chapter require the community-based long-term care agency to be a	15939
party to a provider agreement; hold a license, certificate, or	15940
permit; or maintain a certification, any of which is required or	15941
issued by a state or federal government entity other than the	15942
department of aging, and either of the following is the case:	15943

(a) The provider agreement has not been entered into or the	15944
license, certificate, permit, or certification has not been	15945
obtained or maintained.	15946

(b) The provider agreement, license, certificate, permit, or	15947
certification has been denied, revoked, not renewed, or suspended	15948
or has been otherwise restricted.	15949

(2) The agency's certification under this section has been	15950
denied, suspended, or revoked for any of the following reasons:	15951

(a) A government entity of this state, other than the	15952
department of aging, has terminated or refused to renew any of the	15953
following held by, or has denied any of the following sought by, a	15954
community-based long-term care agency: a provider agreement,	15955
license, certificate, permit, or certification. Division (E)(2)(a)	15956
of this section applies regardless of whether the agency has	15957
entered into a provider agreement in, or holds a license,	15958
certificate, permit, or certification issued by, another state.	15959

(b) The agency or a principal owner or manager of the agency	15960
who provides direct care has entered a guilty plea for, or has	15961
been convicted of, an offense materially related to the medicaid	15962
program.	15963

(c) The agency or a principal owner or manager of the agency	15964
who provides direct care has entered a guilty plea for, or been	15965
convicted of, an offense listed in division (C)(1)(a) of section	15966
173.394 of the Revised Code, but only if none of the personal	15967
character standards established by the department in rules adopted	15968
under division (F) of section 173.394 of the Revised Code apply.	15969

(d) The United States department of health and human services	15970
has taken adverse action against the agency and that action	15971
impacts the agency's participation in the medicaid program.	15972

(e) The agency has failed to enter into or renew a provider	15973
agreement with the PASSPORT administrative agency, as that term is	15974
defined in section 173.42 of the Revised Code, that administers	15975
programs on behalf of the department of aging in the region of the	15976
state in which the agency is certified to provide services.	15977

(f) The agency has not billed or otherwise submitted a claim	15978
to the department for payment under the medicaid program in at	15979
least two years.	15980

(g) The agency denied or failed to provide the department or	15981
its designee access to the agency's facilities during the agency's	15982
normal business hours for purposes of conducting an audit or	15983
structural compliance review.	15984

(h) The agency has ceased doing business.

15985

(i) The agency has voluntarily relinquished its certification	15986
for any reason.	15987

(3) The agency's provider agreement with the department of	15988
job and family services has been suspended under division (C) of	15989
section 5111.031 of the Revised Code.	15990

(4) The agency's provider agreement with the department of	15991
job and family services is denied or revoked because the agency or	15992
its owner, officer, authorized agent, associate, manager, or	15993
employee has been convicted of an offense that caused the provider	15994
agreement to be suspended under section 5111.031 of the Revised	15995
Code.	15996

(F) If the department does not hold hearings when any	15997
condition described in division (E) of this section applies, the	15998
department may send a notice to the agency describing a decision	15999
not to certify the agency under division (A)(1) of this section or	16000
the disciplinary action the department proposes to take under	16001
division (A)(2)(e) to (h) of this section. The notice shall be	16002
sent to the agency's address that is on record with the department	16003
and may be sent by regular mail.	16004

(G) The director of aging may adopt rules in accordance with	16005
Chapter 119. of the Revised Code establishing a fee to be charged	16006
by the department of aging or its designee for certification	16007
issued under this section.	16008

All fees collected by the department or its designee under	16009
this section shall be deposited in the state treasury to the	16010
credit of the provider certification fund, which is hereby	16011
created. Money credited to the fund shall be used to pay for	16012
community-based long-term care services, administrative costs	16013
associated with community-based long-term care agency	16014
certification under this section, and administrative costs related	16015
to the publication of the Ohio long-term care consumer guide.	16016

Sec. 173.40. (A) As used in sections 173.40 to 173.402 of	16017
the Revised Code~~, "PASSPORT~~:	16018

"Medicaid waiver component" has the same meaning as in	16019
section 5111.85 of the Revised Code.	16020

"PASSPORT program" means the program created under this	16021
section.	16022

"PASSPORT waiver" means the federal medicaid waiver granted	16023
by the United States secretary of health and human services that	16024
authorizes the medicaid-funded component of the PASSPORT program.	16025

"Unified long-term services and support medicaid waiver	16026
component" means the medicaid waiver component authorized by	16027
section 5111.864 of the Revised Code.	16028

(B) There is hereby created the preadmission screening system	16029
providing options and resources today program, or PASSPORT. The	16030
PASSPORT program shall provide home and community-based services	16031
as an alternative to nursing facility placement for individuals	16032
who are aged and disabled ~~medicaid recipients~~and meet the	16033
program's applicable eligibility requirements. ~~The~~Subject to	16034
division (C) of this section, the program shall have a	16035
medicaid-funded component and a state-funded component.	16036

(C)(1) Unless the medicaid-funded component of the PASSPORT	16037
program is terminated under division (C)(2) of this section, all	16038
of the following apply:	16039

(a) The department of aging shall administer the	16040
medicaid-funded component through a contract entered into with the	16041
department of job and family services under section 5111.91 of the	16042
Revised Code.	16043

(b) The medicaid-funded component shall be operated as a	16044
separate medicaid waiver component~~, as defined in section 5111.85~~	16045
~~of the Revised Code, until the United States secretary of health~~	16046
~~and human services approves the consolidated federal medicaid~~	16047
~~waiver sought under section 5111.861 of the Revised Code~~. ~~The~~	16048
~~program shall be part of the consolidated federal medicaid waiver~~	16049
~~sought under that section if the United States secretary approves~~	16050
~~the waiver. The department of aging shall administer the program~~	16051
~~through a contract entered into with the department of job and~~	16052
~~family services under section 5111.91 of the Revised Code. The~~	16053

(c) For an individual to be eligible for the medicaid-funded	16054
component, the individual must be a medicaid recipient and meet	16055
the additional eligibility requirements applicable to the	16056
individual established in rules adopted under division (C)(1)(d)	16057
of this section.	16058

(d) The director of job and family services shall adopt rules	16059
under section 5111.85 of the Revised Code and the director of	16060
aging shall adopt rules in accordance with Chapter 119. of the	16061
Revised Code to implement the ~~program~~medicaid-funded component.	16062

(2) If the unified long-term services and support medicaid	16063
waiver component is created, the departments of aging and job and	16064
family services shall work together to determine whether the	16065
medicaid-funded component of the PASSPORT program should continue	16066
to operate as a separate medicaid waiver component or be	16067
terminated. If the departments determine that the medicaid-funded	16068
component of the PASSPORT program should be terminated, the	16069
medicaid-funded component shall cease to exist on a date the	16070
departments shall specify.	16071

(D)(1) The department of aging shall administer the	16072
state-funded component of the PASSPORT program. The state-funded	16073
component shall not be administered as part of the medicaid	16074
program.	16075

(2) For an individual to be eligible for the state-funded	16076
component, the individual must meet one of the following	16077
requirements and meet the additional eligibility requirements	16078
applicable to the individual established in rules adopted under	16079
division (D)(4) of this section:	16080

(a) The individual must have been enrolled in the	16081
state-funded component on September 1, 1991, (as the state-funded	16082
component was authorized by uncodified law in effect at that time)	16083
and have had one or more applications for enrollment in the	16084
medicaid-funded component (or, if the medicaid-funded component is	16085
terminated under division (C)(2) of this section, the unified	16086
long-term services and support medicaid waiver component) denied.	16087

(b) The individual must have had the individual's enrollment	16088
in the medicaid-funded component (or, if the medicaid-funded	16089
component is terminated under division (C)(2) of this section, the	16090
unified long-term services and support medicaid waiver component)	16091
terminated and the individual must still need the home and	16092
community-based services provided under the PASSPORT program to	16093
protect the individual's health and safety.	16094

(c) The individual must have an application for the	16095
medicaid-funded component (or, if the medicaid-funded component is	16096
terminated under division (C)(2) of this section, the unified	16097
long-term services and support medicaid waiver component) pending	16098
and the department or the department's designee must have	16099
determined that the individual meets the nonfinancial eligibility	16100
requirements of the medicaid-funded component (or, if the	16101
medicaid-funded component is terminated under division (C)(2) of	16102
this section, the unified long-term services and support medicaid	16103
waiver component) and not have reason to doubt that the individual	16104
meets the financial eligibility requirements of the	16105
medicaid-funded component (or, if the medicaid-funded component is	16106
terminated under division (C)(2) of this section, the unified	16107
long-term services and support medicaid waiver component).	16108

(3) An individual who is eligible for the state-funded	16109
component because the individual meets the requirement of division	16110
(D)(2)(c) of this section may participate in the component for not	16111
more than three months.	16112

(4) The director of aging shall adopt rules in accordance	16113
with section 111.15 of the Revised Code to implement the	16114
state-funded component. The additional eligibility requirements	16115
established in the rules may vary for the different groups of	16116
individuals specified in divisions (D)(2)(a), (b), and (c) of this	16117
section.	16118

Sec. 173.401. (A) As used in this section:

16119

"Area agency on aging" has the same meaning as in section	16120
173.14 of the Revised Code.	16121

"Long-term care consultation program" means the program the	16122
department of aging is required to develop under section 173.42 of	16123
the Revised Code.	16124

"Long-term care consultation program administrator" or	16125
"administrator" means the department of aging or, if the	16126
department contracts with an area agency on aging or other entity	16127
to administer the long-term care consultation program for a	16128
particular area, that agency or entity.	16129

"Nursing facility" has the same meaning as in section 5111.20	16130
of the Revised Code.	16131

~~"PASSPORT waiver" means the federal medicaid waiver granted~~	16132
~~by the United States secretary of health and human services that~~	16133
~~authorizes the PASSPORT program.~~	16134

(B) ~~The~~Subject to division (C)(2) of section 173.40 of the	16135
Revised Code, the department shall establish a home first	16136
component of the PASSPORT program under which eligible individuals	16137
may be enrolled in the medicaid-funded component of the PASSPORT	16138
program in accordance with this section. An individual is eligible	16139
for the PASSPORT program's home first component if ~~all~~both of the	16140
following apply:	16141

(1) The individual ishas been determined to be eligible for	16142
the medicaid-funded component of the PASSPORT program.	16143

(2) ~~The individual is on the unified waiting list established~~	16144
~~under section 173.404 of the Revised Code.~~	16145

~~(3)~~ At least one of the following applies:

16146

(a) The individual has been admitted to a nursing facility.

16147

(b) A physician has determined and documented in writing that	16148
the individual has a medical condition that, unless the individual	16149
is enrolled in home and community-based services such as the	16150
PASSPORT program, will require the individual to be admitted to a	16151
nursing facility within thirty days of the physician's	16152
determination.	16153

(c) The individual has been hospitalized and a physician has	16154
determined and documented in writing that, unless the individual	16155
is enrolled in home and community-based services such as the	16156
PASSPORT program, the individual is to be transported directly	16157
from the hospital to a nursing facility and admitted.	16158

(d) Both of the following apply:

16159

(i) The individual is the subject of a report made under	16160
section 5101.61 of the Revised Code regarding abuse, neglect, or	16161
exploitation or such a report referred to a county department of	16162
job and family services under section 5126.31 of the Revised Code	16163
or has made a request to a county department for protective	16164
services as defined in section 5101.60 of the Revised Code.	16165

(ii) A county department of job and family services and an	16166
area agency on aging have jointly documented in writing that,	16167
unless the individual is enrolled in home and community-based	16168
services such as the PASSPORT program, the individual should be	16169
admitted to a nursing facility.	16170

(C) Each month, each area agency on aging shall identify	16171
individuals residing in the area that the agency serves who are	16172
eligible for the home first component of the PASSPORT program.	16173
When an area agency on aging identifies such an individual, the	16174
agency shall notify the long-term care consultation program	16175
administrator serving the area in which the individual resides.	16176
The administrator shall determine whether the PASSPORT program is	16177
appropriate for the individual and whether the individual would	16178
rather participate in the PASSPORT program than continue or begin	16179
to reside in a nursing facility. If the administrator determines	16180
that the PASSPORT program is appropriate for the individual and	16181
the individual would rather participate in the PASSPORT program	16182
than continue or begin to reside in a nursing facility, the	16183
administrator shall so notify the department of aging. On receipt	16184
of the notice from the administrator, the department shall approve	16185
the individual's enrollment in the medicaid-funded component of	16186
the PASSPORT program regardless of the unified waiting list	16187
established under section 173.404 of the Revised Code, unless the	16188
enrollment would cause the ~~PASSPORT program~~component to exceed	16189
any limit on the number of individuals who may be enrolled in the	16190
~~program~~component as set by the United States secretary of health	16191
and human services in the PASSPORT waiver.	16192

~~(D) Each quarter, the department of aging shall certify to~~	16193
~~the director of budget and management the estimated increase in~~	16194
~~costs of the PASSPORT program resulting from enrollment of~~	16195
~~individuals in the PASSPORT program pursuant to this section.~~	16196

Sec. 173.403. ~~"Choices~~(A) As used in this section:

16197

"Choices program" means the program created under this	16198
section.	16199

~~There~~"Medicaid waiver component" has the same meaning as in	16200
section 5111.85 of the Revised Code.	16201

"Unified long-term services and support medicaid waiver	16202
component" means the medicaid waiver component authorized by	16203
section 5111.864 of the Revised Code.	16204

(B) Subject to division (C) of this section, there is hereby	16205
created the choices program. The program shall provide home and	16206
community-based services. ~~The choices program shall be operated as~~	16207
~~a separate medicaid waiver component, as defined in section~~	16208
~~5111.85 of the Revised Code, until the United States secretary of~~	16209
~~health and human services approves the consolidated federal~~	16210
~~medicaid waiver sought under section 5111.861 of the Revised Code.~~	16211
~~The program shall be part of the consolidated federal medicaid~~	16212
~~waiver sought under that section if the United States secretary~~	16213
~~approves the waiver.~~ The department of aging shall administer the	16214
program through a contract entered into with the department of job	16215
and family services under section 5111.91 of the Revised Code.	16216
Subject to federal approval, the program shall be available	16217
statewide.	16218

(C) If the unified long-term services and support medicaid	16219
waiver component is created, the departments of aging and job and	16220
family services shall work together to determine whether the	16221
choices program should continue to operate as a separate medicaid	16222
waiver component or be terminated. If the departments determine	16223
that the choices program should be terminated, the program shall	16224
cease to exist on a date the departments shall specify.	16225

Sec. 173.404. (A) As used in this section:

16226

(1) "Department of aging-administered medicaid waiver	16227
component" means each of the following:	16228

(a) The medicaid-funded component of the PASSPORT program	16229
created under section 173.40 of the Revised Code;	16230

(b) The choices program created under section 173.403 of the	16231
Revised Code;	16232

(c) The medicaid-funded component of the assisted living	16233
program created under section 5111.89 of the Revised Code.	16234

(2) "PACE program" means the component of the medicaid	16235
program the department of aging administers pursuant to section	16236
173.50 of the Revised Code.	16237

(B) ~~The~~If the department of aging determines that there are	16238
insufficient funds to enroll all individuals who have applied and	16239
been determined eligible for department of aging-administered	16240
medicaid waiver components and the PACE program, the department of	16241
~~aging~~ shall establish a unified waiting list for ~~department of~~	16242
~~aging-administered medicaid waiver~~the components and ~~the PACE~~	16243
program. Only individuals eligible for a department of	16244
aging-administered medicaid waiver component or the PACE program	16245
may be placed on the unified waiting list. An individual who may	16246
be enrolled in a department of aging-administered medicaid waiver	16247
component or the PACE program through a home first component	16248
established under section 173.401, 173.501, or 5111.894 of the	16249
Revised Code may be so enrolled without being placed on the	16250
unified waiting list.	16251

Sec. 173.41. (A) The department of aging shall promote the	16252
development of a statewide aging and disabilities resource network	16253
through which older adults, adults with disabilities, and their	16254
caregivers are provided with both of the following:	16255

(1) Information on any long-term care service options	16256
available to the individuals;	16257

(2) Streamlined access to long-term care services, both	16258
publicly funded services and services available through private	16259
payment.	16260

(B) Area agencies on aging shall establish the network	16261
throughout the state. In doing so, the agencies shall collaborate	16262
with centers for independent living and other locally funded	16263
organizations to establish a cost-effective and consumer-friendly	16264
network that builds on existing, local infrastructures of services	16265
that support consumers in their communities.	16266

Sec. 173.42. (A) As used in sections 173.42 to 173.434 of	16267
the Revised Code:	16268

(1) "Area agency on aging" means a public or private	16269
nonprofit entity designated under section 173.011 of the Revised	16270
Code to administer programs on behalf of the department of aging.	16271

(2) "Department of aging-administered medicaid waiver	16272
component" means each of the following:	16273

(a) The medicaid-funded component of the PASSPORT program	16274
created under section 173.40 of the Revised Code;	16275

(b) The choices program created under section 173.403 of the	16276
Revised Code;	16277

(c) The medicaid-funded component of the assisted living	16278
program created under section 5111.89 of the Revised Code;	16279

(d) Any other medicaid waiver component, as defined in	16280
section 5111.85 of the Revised Code, that the department of aging	16281
administers pursuant to an interagency agreement with the	16282
department of job and family services under section 5111.91 of the	16283
Revised Code.	16284

(3) "Home and community-based services covered by medicaid	16285
components the department of aging administers" means all of the	16286
following:	16287

(a) Medicaid waiver services available to a participant in a	16288
department of aging-administered medicaid waiver component;	16289

(b) The following medicaid state plan services available to a	16290
participant in a department of aging-administered medicaid waiver	16291
component as specified in rules adopted under section 5111.02 of	16292
the Revised Code:	16293

(i) Home health services;

16294

(ii) Private duty nursing services;

16295

(iii) Durable medical equipment;

16296

(iv) Services of a clinical nurse specialist;

16297

(v) Services of a certified nurse practitioner.

16298

16299

(4) "Long-term care consultation" or "consultation" means the	16300
consultation service made available by the department of aging or	16301
a program administrator through the long-term care consultation	16302
program established pursuant to this section.	16303

(5) "Medicaid" means the medical assistance program	16304
established under Chapter 5111. of the Revised Code.	16305

(6) "Nursing facility" has the same meaning as in section	16306
5111.20 of the Revised Code.	16307

(7) "PACE program" means the component of the medicaid	16308
program the department of aging administers pursuant to section	16309
173.50 of the Revised Code.	16310

(8) "PASSPORT administrative agency" means an entity under	16311
contract with the department of aging to provide administrative	16312
services regarding the PASSPORT program.	16313

(9) "Program administrator" means an area agency on aging or	16314
other entity under contract with the department of aging to	16315
administer the long-term care consultation program in a geographic	16316
region specified in the contract.	16317

(10) "Representative" means a person acting on behalf of an	16318
individual specified in division (G) of this section. A	16319
representative may be a family member, attorney, hospital social	16320
worker, or any other person chosen to act on behalf of the	16321
individual.	16322

(B) The department of aging shall develop a long-term care	16323
consultation program whereby individuals or their representatives	16324
are provided with long-term care consultations and receive through	16325
these professional consultations information about options	16326
available to meet long-term care needs and information about	16327
factors to consider in making long-term care decisions. The	16328
long-term care consultations provided under the program may be	16329
provided at any appropriate time, as permitted or required under	16330
this section and the rules adopted under it, including either	16331
prior to or after the individual who is the subject of a	16332
consultation has been admitted to a nursing facility or granted	16333
assistance in receiving home and community-based services covered	16334
by medicaid components the department of aging administers.	16335

(C) The long-term care consultation program shall be	16336
administered by the department of aging, except that the	16337
department may have the program administered on a regional basis	16338
by one or more program administrators. The department and each	16339
program administrator shall administer the program in such a	16340
manner that all of the following are included:	16341

(1) Coordination and collaboration with respect to all	16342
available funding sources for long-term care services;	16343

(2) Assessments of individuals regarding their long-term care	16344
service needs;	16345

(3) Assessments of individuals regarding their on-going	16346
eligibility for long-term care services;	16347

(4) Procedures for assisting individuals in obtaining access	16348
to, and coordination of, health and supportive services, including	16349
department of aging-administered medicaid waiver components;	16350

(5) Priorities for using available resources efficiently and	16351
effectively.	16352

(D) The program's long-term care consultations shall be	16353
provided by individuals certified by the department under section	16354
173.422 of the Revised Code.	16355

(E) The information provided through a long-term care	16356
consultation shall be appropriate to the individual's needs and	16357
situation and shall address all of the following:	16358

(1) The availability of any long-term care options open to	16359
the individual;	16360

(2) Sources and methods of both public and private payment	16361
for long-term care services;	16362

(3) Factors to consider when choosing among the available	16363
programs, services, and benefits;	16364

(4) Opportunities and methods for maximizing independence and	16365
self-reliance, including support services provided by the	16366
individual's family, friends, and community.	16367

(F) An individual's long-term care consultation may include	16368
an assessment of the individual's functional capabilities. The	16369
consultation may incorporate portions of the determinations	16370
required under sections 5111.202, 5119.061, and 5123.021 of the	16371
Revised Code and may be provided concurrently with the assessment	16372
required under section 5111.204 of the Revised Code.	16373

(G)(1) Unless an exemption specified in division (I) of this	16374
section is applicable, each of the following shall be provided	16375
with a long-term care consultation:	16376

(a) An individual who applies or indicates an intention to	16377
apply for admission to a nursing facility, regardless of the	16378
source of payment to be used for the individual's care in a	16379
nursing facility;	16380

(b) An individual who requests a long-term care consultation;

16381

(c) An individual identified by the department or a program	16382
administrator as being likely to benefit from a long-term care	16383
consultation.	16384

(2) In addition to the individuals specified in division	16385
(G)(1) of this section, a long-term care consultation may be	16386
provided to a nursing facility resident regardless of the source	16387
of payment being used for the resident's care in the nursing	16388
facility.	16389

(H)(1) Except as provided in division (H)(2) or (3) of this	16390
section, a long-term care consultation provided pursuant to	16391
division (G) of this section shall be provided as follows:	16392

(a) If the individual for whom the consultation is being	16393
provided has applied for medicaid and the consultation is being	16394
provided concurrently with the assessment required under section	16395
5111.204 of the Revised Code, the consultation shall be completed	16396
in accordance with the applicable time frames specified in that	16397
section for providing a level of care determination based on the	16398
assessment.	16399

(b) In all other cases, the consultation shall be provided	16400
not later than five calendar days after the department or program	16401
administrator receives notice of the reason for which the	16402
consultation is to be provided pursuant to division (G) of this	16403
section.	16404

(2) An individual or the individual's representative may	16405
request that a long-term care consultation be provided on a date	16406
that is later than the date required under division (H)(1)(a) or	16407
(b) of this section.	16408

(3) If a long-term care consultation cannot be completed	16409
within the number of days required by division (H)(1) or (2) of	16410
this section, the department or program administrator may do any	16411
of the following:	16412

(a) In the case of an individual specified in division (G)(1)	16413
of this section, exempt the individual from the consultation	16414
pursuant to rules that may be adopted under division (L) of this	16415
section;	16416

(b) In the case of an applicant for admission to a nursing	16417
facility, provide the consultation after the individual is	16418
admitted to the nursing facility;	16419

(c) In the case of a resident of a nursing facility, provide	16420
the consultation as soon as practicable.	16421

(I) An individual is not required to be provided a long-term	16422
care consultation under division (G)(1) of this section if any of	16423
the following apply:	16424

(1) The department or program administrator has attempted to	16425
provide the consultation, but the individual or the individual's	16426
representative refuses to cooperate;	16427

(2) The individual is to receive care in a nursing facility	16428
under a contract for continuing care as defined in section 173.13	16429
of the Revised Code;	16430

(3) The individual has a contractual right to admission to a	16431
nursing facility operated as part of a system of continuing care	16432
in conjunction with one or more facilities that provide a less	16433
intensive level of services, including a residential care facility	16434
licensed under Chapter 3721. of the Revised Code, an adult care	16435
facility licensed under ~~Chapter 3722.~~sections 5119.70 to 5119.88	16436
of the Revised Code, or an independent living arrangement;	16437

(4) The individual is to receive continual care in a home for	16438
the aged exempt from taxation under section 5701.13 of the Revised	16439
Code;	16440

(5) The individual is seeking admission to a facility that is	16441
not a nursing facility with a provider agreement under section	16442
5111.22, 5111.671, or 5111.672 of the Revised Code;	16443

(6) The individual is exempted from the long-term care	16444
consultation requirement by the department or the program	16445
administrator pursuant to rules that may be adopted under division	16446
(L) of this section.	16447

(J) As part of the long-term care consultation program, the	16448
department or program administrator shall assist an individual or	16449
individual's representative in accessing all sources of care and	16450
services that are appropriate for the individual and for which the	16451
individual is eligible, including all available home and	16452
community-based services covered by medicaid components the	16453
department of aging administers. The assistance shall include	16454
providing for the conduct of assessments or other evaluations and	16455
the development of individualized plans of care or services under	16456
section 173.424 of the Revised Code.	16457

(K) No nursing facility for which an operator has a provider	16458
agreement under section 5111.22, 5111.671, or 5111.672 of the	16459
Revised Code shall admit any individual as a resident, unless the	16460
nursing facility has received evidence that a long-term care	16461
consultation has been completed for the individual or division (I)	16462
of this section is applicable to the individual.	16463

(L) The director of aging may adopt any rules the director	16464
considers necessary for the implementation and administration of	16465
this section. The rules shall be adopted in accordance with	16466
Chapter 119. of the Revised Code and may specify any or all of the	16467
following:	16468

(1) Procedures for providing long-term care consultations	16469
pursuant to this section;	16470

(2) Information to be provided through long-term care	16471
consultations regarding long-term care services that are	16472
available;	16473

(3) Criteria and procedures to be used to identify and	16474
recommend appropriate service options for an individual receiving	16475
a long-term care consultation;	16476

(4) Criteria for exempting individuals from the long-term	16477
care consultation requirement;	16478

(5) Circumstances under which it may be appropriate to	16479
provide an individual's long-term care consultation after the	16480
individual's admission to a nursing facility rather than before	16481
admission;	16482

(6) Criteria for identifying nursing facility residents who	16483
would benefit from the provision of a long-term care consultation;	16484

(7) A description of the types of information from a nursing	16485
facility that is needed under the long-term care consultation	16486
program to assist a resident with relocation from the facility;	16487

(8) Standards to prevent conflicts of interest relative to	16488
the referrals made by a person who performs a long-term care	16489
consultation, including standards that prohibit the person from	16490
being employed by a provider of long-term care services;	16491

(9) Procedures for providing notice and an opportunity for a	16492
hearing under division (N) of this section.	16493

(M) To assist the department and each program administrator	16494
with identifying individuals who are likely to benefit from a	16495
long-term care consultation, the department and program	16496
administrator may ask to be given access to nursing facility	16497
resident assessment data collected through the use of the resident	16498
assessment instrument specified in rules adopted under section	16499
5111.02 of the Revised Code for purposes of the medicaid program.	16500
Except when prohibited by state or federal law, the department of	16501
health, department of job and family services, or nursing facility	16502
holding the data shall grant access to the data on receipt of the	16503
request from the department of aging or program administrator.	16504

(N)(1) The director of aging, after providing notice and an	16505
opportunity for a hearing, may fine a nursing facility an amount	16506
determined by rules the director shall adopt in accordance with	16507
Chapter 119. of the Revised Code for any of the following reasons:	16508

(a) The nursing facility admits an individual, without	16509
evidence that a long-term care consultation has been provided, as	16510
required by this section;	16511

(b) The nursing facility denies a person attempting to	16512
provide a long-term care consultation access to the facility or a	16513
resident of the facility;	16514

(c) The nursing facility denies the department of aging or	16515
program administrator access to the facility or a resident of the	16516
facility, as the department or administrator considers necessary	16517
to administer the program.	16518

(2) In accordance with section 5111.62 of the Revised Code,	16519
all fines collected under division (N)(1) of this section shall be	16520
deposited into the state treasury to the credit of the residents	16521
protection fund.	16522

Sec. 173.45. As used in this section and in sections 173.46	16523
to 173.49 of the Revised Code:	16524

(A) "Adult care facility" has the same meaning as in section	16525
5119.70 of the Revised Code.	16526

(B) "Community-based long-term care services" has the same	16527
meaning as in section 173.14 of the Revised Code.	16528

(C) "Long-term care facility" means a nursing home or	16529
residential care facility.	16530

~~(B)~~(D) "Nursing home" and "residential care facility" have	16531
the same meanings as in section 3721.01 of the Revised Code.	16532

~~(C)~~(E) "Nursing facility" has the same meaning as in section	16533
5111.20 of the Revised Code.	16534

Sec. 173.46. (A) The department of aging shall develop and	16535
publish a guide to long-term care facilities for use by	16536
individuals considering long-term care facility admission and	16537
their families, friends, and advisors. The guide, which shall be	16538
titled the Ohio long-term care consumer guide, may be published in	16539
printed form or in electronic form for distribution over the	16540
internet. The guide may be developed as a continuation or	16541
modification of the guide published by the department prior to ~~the~~	16542
~~effective date of this section~~September 29, 2005, under rules	16543
adopted under section 173.02 of the Revised Code.	16544

(B) The Ohio long-term care consumer guide shall include	16545
information on each long-term care facility in this state. For	16546
each facility, the guide shall include the following information,	16547
as applicable to the facility:	16548

(1) Information regarding the facility's compliance with	16549
state statutes and rules and federal statutes and regulations;	16550

(2) Information generated by the centers for medicare and	16551
medicaid services of the United States department of health and	16552
human services from the quality measures developed as part of its	16553
nursing home quality initiative;	16554

(3) Results of the customer satisfaction surveys conducted	16555
under section 173.47 of the Revised Code;	16556

(4) Any other information the department specifies in rules	16557
adopted under section 173.49 of the Revised Code.	16558

(C) The Ohio long-term care consumer guide may include	16559
information on adult care facilities and providers of	16560
community-based long-term care services. The department may adopt	16561
rules under section 173.49 of the Revised Code to specify the	16562
information to be included in the guide pursuant to this division.	16563

Sec. 173.47. (A) For purposes of publishing the Ohio	16564
long-term care consumer guide, the department of aging shall	16565
conduct or provide for the conduct of an annual customer	16566
satisfaction survey of each long-term care facility. The results	16567
of the surveys may include information obtained from long-term	16568
care facility residents, their families, or both.	16569

(B)~~(1) The department may charge fees for the conduct of~~	16570
~~annual customer satisfaction surveys. The department may contract~~	16571
~~with any person or government entity to collect the fees on its~~	16572
~~behalf. All fees collected under this section shall be deposited~~	16573
~~in accordance with section 173.48 of the Revised Code.~~	16574

~~(2) The fees charged under this section shall not exceed the~~	16575
~~following amounts:~~	16576

~~(a) Four hundred dollars for the customer satisfaction survey~~	16577
~~of a long-term care facility that is a nursing home;~~	16578

~~(b) Three hundred dollars for the customer satisfaction~~	16579
~~survey pertaining to a long-term care facility that is a~~	16580
~~residential care facility.~~	16581

~~(3) Fees paid by a long-term care facility that is a nursing~~	16582
~~facility shall be reimbursed through the medicaid program operated~~	16583
~~under Chapter 5111. of the Revised Code.~~	16584

~~(C)~~ Each long-term care facility shall cooperate in the	16585
conduct of its annual customer satisfaction survey.	16586

Sec. 173.48. (A)(1) The department of aging may charge annual	16587
fees to long-term care facilities for the publication of the Ohio	16588
long-term care consumer guide. The department may contract with	16589
any person or government entity to collect the fees on its behalf.	16590
All fees collected under this section shall be deposited in	16591
accordance with division (B) of this section.	16592

(2) The annual fees charged under this section shall not	16593
exceed the following amounts:	16594

(a) Six hundred fifty dollars for each long-term care	16595
facility that is a nursing home;	16596

(b) Three hundred dollars for each long-term care facility	16597
that is a residential care facility.	16598

(3) Fees paid by a long-term care facility that is a nursing	16599
facility shall be reimbursed through the medicaid program operated	16600
under Chapter 5111. of the Revised Code.	16601

(B) There is hereby created in the state treasury the	16602
long-term care consumer guide fund. Money collected from the fees	16603
charged for the ~~conduct of customer satisfaction surveys~~	16604
publication of the Ohio long-term care consumer guide under	16605
division (A) of this section ~~173.47 of the Revised Code~~ shall be	16606
credited to the fund. The department ~~of aging~~ shall use money in	16607
the fund for costs associated with publishing the Ohio long-term	16608
care consumer guide, including, but not limited to, costs incurred	16609
in conducting or providing for the conduct of customer	16610
satisfaction surveys.	16611

Sec. 173.501. (A) As used in this section:

16612

"Nursing facility" has the same meaning as in section 5111.20	16613
of the Revised Code.	16614

"PACE provider" has the same meaning as in 42 U.S.C.	16615
1396u-4(a)(3).	16616

(B) The department of aging shall establish a home first	16617
component of the PACE program under which eligible individuals may	16618
be enrolled in the PACE program in accordance with this section.	16619
An individual is eligible for the PACE program's home first	16620
component if ~~all~~both of the following apply:	16621

(1) The individual ishas been determined to be eligible for	16622
the PACE program.	16623

(2) ~~The individual is on the unified waiting list established~~	16624
~~under section 173.404 of the Revised Code.~~	16625

~~(3)~~ At least one of the following applies:

16626

(a) The individual has been admitted to a nursing facility.

16627

(b) A physician has determined and documented in writing that	16628
the individual has a medical condition that, unless the individual	16629
is enrolled in home and community-based services such as the PACE	16630
program, will require the individual to be admitted to a nursing	16631
facility within thirty days of the physician's determination.	16632

(c) The individual has been hospitalized and a physician has	16633
determined and documented in writing that, unless the individual	16634
is enrolled in home and community-based services such as the PACE	16635
program, the individual is to be transported directly from the	16636
hospital to a nursing facility and admitted.	16637

(d) Both of the following apply:

16638

(i) The individual is the subject of a report made under	16639
section 5101.61 of the Revised Code regarding abuse, neglect, or	16640
exploitation or such a report referred to a county department of	16641
job and family services under section 5126.31 of the Revised Code	16642
or has made a request to a county department for protective	16643
services as defined in section 5101.60 of the Revised Code.	16644

(ii) A county department of job and family services and an	16645
area agency on aging have jointly documented in writing that,	16646
unless the individual is enrolled in home and community-based	16647
services such as the PACE program, the individual should be	16648
admitted to a nursing facility.	16649

(C) Each month, the department of aging shall identify	16650
individuals who are eligible for the home first component of the	16651
PACE program. When the department identifies such an individual,	16652
the department shall notify the PACE provider serving the area in	16653
which the individual resides. The PACE provider shall determine	16654
whether the PACE program is appropriate for the individual and	16655
whether the individual would rather participate in the PACE	16656
program than continue or begin to reside in a nursing facility. If	16657
the PACE provider determines that the PACE program is appropriate	16658
for the individual and the individual would rather participate in	16659
the PACE program than continue or begin to reside in a nursing	16660
facility, the PACE provider shall so notify the department of	16661
aging. On receipt of the notice from the PACE provider, the	16662
department of aging shall approve the individual's enrollment in	16663
the PACE program in accordance with priorities established in	16664
rules adopted under section 173.50 of the Revised Code.	16665

~~(D) Each quarter, the department of aging shall certify to~~	16666
~~the director of budget and management the estimated increase in~~	16667
~~costs of the PACE program resulting from enrollment of individuals~~	16668
~~in the PACE program pursuant to this section.~~	16669

Sec. 183.30. ~~(A) Except as provided in division (C) of this~~	16670
~~section, no more than five per cent of the total disbursements,~~	16671
~~encumbrances, and obligations of the southern Ohio agricultural~~	16672
~~and community development foundation in a fiscal year shall be for~~	16673
~~administrative expenses of the foundation in the same fiscal year.~~	16674

~~(B) Except as provided in division (C) of this section, no~~	16675
~~more than five per cent of the total disbursements, encumbrances,~~	16676
~~and obligations of the biomedical research and technology transfer~~	16677
~~trust fund in a fiscal year shall be for expenses relating to the~~	16678
~~administration of the trust fund by the third frontier commission~~	16679
~~in the same fiscal year.~~	16680

~~(C) This section's five per cent limitation on administrative~~	16681
~~expenses does not apply to any fiscal year for which the~~	16682
~~controlling board approves a spending plan that the foundation~~ or	16683
~~commission~~ submits to the board.	16684

Payments may be made from the biomedical research and	16685
technology transfer trust fund for third frontier commission	16686
expenses related to the administration of awards made from the	16687
fund prior to the effective date of this section. No such payments	16688
shall be made after June 30, 2013.	16689

Sec. 183.51. (A) As used in this section and in the	16690
applicable bond proceedings unless otherwise provided:	16691

(1) "Bond proceedings" means the resolutions, orders,	16692
indentures, purchase and sale and trust and other agreements	16693
including any amendments or supplements to them, and credit	16694
enhancement facilities, and amendments and supplements to them, or	16695
any one or more or combination of them, authorizing, awarding, or	16696
providing for the terms and conditions applicable to or providing	16697
for the security or liquidity of, the particular obligations, and	16698
the provisions contained in those obligations.	16699

(2) "Bond service fund" means the bond service fund created	16700
in the bond proceedings for the obligations.	16701

(3) "Capital facilities" means, as applicable, capital	16702
facilities or projects as referred to in section 151.03 or 151.04	16703
of the Revised Code.	16704

(4) "Consent decree" means the consent decree and final	16705
judgment entered November 25, 1998, in the court of common pleas	16706
of Franklin county, Ohio, as the same may be amended or	16707
supplemented from time to time.	16708

(5) "Cost of capital facilities" has the same meaning as in	16709
section 151.01 of the Revised Code, as applicable.	16710

(6) "Credit enhancement facilities," "financing costs," and	16711
"interest" or "interest equivalent" have the same meanings as in	16712
section 133.01 of the Revised Code.	16713

(7) "Debt service" means principal, including any mandatory	16714
sinking fund or redemption requirements for retirement of	16715
obligations, interest and other accreted amounts, interest	16716
equivalent, and any redemption premium, payable on obligations. If	16717
not prohibited by the applicable bond proceedings, "debt service"	16718
may include costs relating to credit enhancement facilities that	16719
are related to and represent, or are intended to provide a source	16720
of payment of or limitation on, other debt service.	16721

(8) "Improvement fund" means, as applicable, the school	16722
building program assistance fund created in section 3318.25 of the	16723
Revised Code and the higher education improvement fund created in	16724
section 154.21 of the Revised Code.	16725

(9) "Issuing authority" means the buckeye tobacco settlement	16726
financing authority created in section 183.52 of the Revised Code.	16727

(10) "Net proceeds" means amounts received from the sale of	16728
obligations, excluding amounts used to refund or retire	16729
outstanding obligations, amounts required to be deposited into	16730
special funds pursuant to the applicable bond proceedings, and	16731
amounts to be used to pay financing costs.	16732

(11) "Obligations" means bonds, notes, or other evidences of	16733
obligation of the issuing authority, including any appertaining	16734
interest coupons, issued by the issuing authority under this	16735
section and Section 2i of Article VIII, Ohio Constitution, for the	16736
purpose of providing funds to the state, in exchange for the	16737
assignment and sale described in division (B) of this section, for	16738
the purpose of paying costs of capital facilities for: (a) housing	16739
branches and agencies of state government limited to facilities	16740
for a system of common schools throughout the state and (b)	16741
state-supported or state-assisted institutions of higher	16742
education.	16743

(12) "Pledged receipts" means, as and to the extent provided	16744
for in the applicable bond proceedings:	16745

(a) Pledged tobacco settlement receipts;

16746

(b) Accrued interest received from the sale of obligations;

16747

16748

(d) Additional or any other specific revenues or receipts	16749
lawfully available to be pledged, and pledged, pursuant to the	16750
bond proceedings, including but not limited to amounts received	16751
under credit enhancement facilities, to the payment of debt	16752
service.	16753

(13) "Pledged tobacco settlement receipts" means all amounts	16754
received by the issuing authority pursuant to division (B) of this	16755
section.	16756

(14) "Principal amount" means the aggregate of the amount as	16757
stated or provided for in the applicable bond proceedings as the	16758
amount on which interest or interest equivalent on particular	16759
obligations is initially calculated. "Principal amount" does not	16760
include any premium paid to the issuing authority by the initial	16761
purchaser of the obligations. "Principal amount" of a capital	16762
appreciation bond, as defined in division (C) of section 3334.01	16763
of the Revised Code, means its original face amount and not its	16764
accreted value, and "principal amount" of a zero coupon bond, as	16765
defined in division (J) of section 3334.01 of the Revised Code,	16766
means the discounted offering price at which the bond is initially	16767
sold to the public, disregarding any purchase price discount to	16768
the original purchaser, if provided in or for pursuant to the bond	16769
proceedings.	16770

(15) "Special funds" or "funds," unless the context indicates	16771
otherwise, means the bond service fund, and any other funds,	16772
including any reserve funds, created under the bond proceedings	16773
and stated to be special funds in those proceedings, including	16774
moneys and investments, and earnings from investments, credited	16775
and to be credited to the particular fund. "Special funds" does	16776
not include any improvement fund or investment earnings on amounts	16777
in any improvement fund, or other funds created by the bond	16778
proceedings that are not stated by those proceedings to be special	16779
funds.	16780

(B) The state may assign and sell to the issuing authority,	16781
and the issuing authority may accept and purchase, all or a	16782
portion of the amounts to be received by the state under the	16783
tobacco master settlement agreement for a purchase price payable	16784
by the issuing authority to the state consisting of the net	16785
proceeds of obligations and any residual interest, if any. Any	16786
such assignment and sale shall be irrevocable in accordance with	16787
its terms during the period any obligations secured by amounts so	16788
assigned and sold are outstanding under the applicable bond	16789
proceedings, and shall constitute a contractual obligation to the	16790
holders or owners of those obligations. Any such assignment and	16791
sale shall also be treated as an absolute transfer and true sale	16792
for all purposes, and not as a pledge or other security interest.	16793
The characterization of any such assignment and sale as a true	16794
sale and absolute transfer shall not be negated or adversely	16795
affected by only a portion of the amounts to be received under the	16796
tobacco master settlement agreement being transferred, the	16797
acquisition or retention by the state of a residual interest, the	16798
participation of any state officer or employee as a member or	16799
officer of, or providing staff support to, the issuing authority,	16800
any responsibility of an officer or employee of the state for	16801
collecting the amounts to be received under the tobacco master	16802
settlement agreement or otherwise enforcing that agreement or	16803
retaining any legal title to or interest in any portion of the	16804
amounts to be received under that agreement for the purpose of	16805
these collection activities, any characterization of the issuing	16806
authority or its obligations for purposes of accounting, taxation,	16807
or securities regulation, or by any other factors whatsoever. A	16808
true sale shall exist under this section regardless of whether the	16809
issuing authority has any recourse against the state or any other	16810
term of the bond proceedings or the treatment or characterization	16811
of the transfer as a financing for any purpose. Upon and following	16812
the assignment and sale, the state shall not have any right,	16813
title, or interest in the portion of the receipts under the	16814
tobacco master settlement agreement so assigned and sold, other	16815
than any residual interest that may be described in the applicable	16816
bond proceedings for those obligations, and that portion, if any,	16817
shall be the property of the issuing authority and not of the	16818
state, and shall be paid directly to the issuing authority, and	16819
shall be owned, received, held, and disbursed by the issuing	16820
authority and not by the state.	16821

The state may covenant, pledge, and agree in the bond	16822
proceedings, with and for the benefit of the issuing authority,	16823
the holders and owners of obligations, and providers of any credit	16824
enhancement facilities, that it shall: (1) maintain statutory	16825
authority for, and cause to be collected and paid directly to the	16826
issuing authority or its assignee, the pledged receipts, (2)	16827
enforce the rights of the issuing authority to receive the	16828
receipts under the tobacco master settlement agreement assigned	16829
and sold to the issuing authority, (3) not materially impair the	16830
rights of the issuing authority to fulfill the terms of its	16831
agreements with the holders or owners of outstanding obligations	16832
under the bond proceedings, (4) not materially impair the rights	16833
and remedies of the holders or owners of outstanding obligations	16834
or materially impair the security for those outstanding	16835
obligations, and (5) enforce Chapter 1346. of the Revised Code,	16836
the tobacco master settlement agreement, and the consent decree to	16837
effectuate the collection of the pledged tobacco settlement	16838
receipts. The bond proceedings may provide or authorize the manner	16839
for determining material impairment of the security for any	16840
outstanding obligations, including by assessing and evaluating the	16841
pledged receipts in the aggregate.	16842

As further provided for in division (H) of this section, the	16843
bond proceedings may also include such other covenants, pledges,	16844
and agreements by the state to protect and safeguard the security	16845
and rights of the holders and owners of the obligations, and of	16846
the providers of any credit enhancement facilities, including,	16847
without limiting the generality of the foregoing, any covenant,	16848
pledge, or agreement customary in transactions involving the	16849
issuance of securities the debt service on which is payable from	16850
or secured by amounts received under the tobacco master settlement	16851
agreement. Notwithstanding any other provision of law, any	16852
covenant, pledge, and agreement of the state, if and when made in	16853
the bond proceedings, shall be controlling and binding upon, and	16854
enforceable against the state in accordance with its terms for so	16855
long as any obligations are outstanding under the applicable bond	16856
proceedings. The bond proceedings may also include limitations on	16857
the remedies available to the issuing authority, the holders and	16858
owners of the obligations, and the providers of any credit	16859
enhancement facilities, including, without limiting the generality	16860
of the foregoing, a provision that those remedies may be limited	16861
to injunctive relief in circumstances where there has been no	16862
prior determination by a court of competent jurisdiction that the	16863
state has not enforced Chapter 1346. of the Revised Code, the	16864
tobacco master settlement agreement, or the consent decree as may	16865
have been covenanted or agreed in the bond proceedings under	16866
division (B)(5) of this section.	16867

Nothing in this section or the bond proceedings shall	16868
preclude or limit, or be construed to preclude or limit, the state	16869
from regulating or authorizing or permitting the regulation of	16870
smoking or from taxing and regulating the sale of cigarettes or	16871
other tobacco products, or from defending or prosecuting cases or	16872
other actions relating to the sale or use of cigarettes or other	16873
tobacco products. Except as otherwise may be agreed in writing by	16874
the attorney general, nothing in this section or the bond	16875
proceedings shall modify or limit, or be construed to modify or	16876
limit, the responsibility, power, judgment, and discretion of the	16877
attorney general to protect and discharge the duties, rights, and	16878
obligations of the state under the tobacco master settlement	16879
agreement, the consent decree, or Chapter 1346. of the Revised	16880
Code.	16881

The governor and the director of budget and management, in	16882
consultation with the attorney general, on behalf of the state,	16883
and any member or officer of the issuing authority as authorized	16884
by that issuing authority, on behalf of the issuing authority, may	16885
take any action and execute any documents, including any purchase	16886
and sale agreements, necessary to effect the assignment and sale	16887
and the acceptance of the assignment and title to the receipts	16888
including, providing irrevocable direction to the escrow agent	16889
acting under the tobacco master settlement agreement to transfer	16890
directly to the issuing authority the amounts to be received under	16891
that agreement that are subject to such assignment and sale. Any	16892
purchase and sale agreement or other bond proceedings may contain	16893
the terms and conditions established by the state and the issuing	16894
authority to carry out and effectuate the purposes of this	16895
section, including, without limitation, covenants binding the	16896
state in favor of the issuing authority and its assignees and the	16897
owners of the obligations. Any such purchase and sale agreement	16898
shall be sufficient to effectuate such purchase and sale without	16899
regard to any other laws governing other property sales or	16900
financial transactions by the state.	16901

Not later than two years following the date on which there	16902
are no longer any obligations outstanding under the bond	16903
proceedings, all assets of the issuing authority shall vest in the	16904
state, the issuing authority shall execute any necessary	16905
assignments or instruments, including any assignment of any right,	16906
title, or ownership to the state for receipt of amounts under the	16907
tobacco master settlement agreement, and the issuing authority	16908
shall be dissolved.	16909

(C) The issuing authority is authorized to issue and to sell	16910
obligations as provided in this section. The aggregate principal	16911
amount of obligations issued under this section shall not exceed	16912
six billion dollars, exclusive of obligations issued under	16913
division (M)(1) of this section to refund, renew, or advance	16914
refund other obligations issued or incurred. At least seventy-five	16915
per cent of the aggregate net proceeds of the obligations issued	16916
under the authority of this section, exclusive of obligations	16917
issued to refund, renew, or advance refund other obligations,	16918
shall be paid to the state for deposit into the school building	16919
program assistance fund created in section 3318.25 of the Revised	16920
Code.	16921

(D) Each issue of obligations shall be authorized by	16922
resolution or order of the issuing authority. The bond proceedings	16923
shall provide for or authorize the manner for determining the	16924
principal amount or maximum principal amount of obligations of an	16925
issue, the principal maturity or maturities, the interest rate or	16926
rates, the date of and the dates of payment of interest on the	16927
obligations, their denominations, and the place or places of	16928
payment of debt service which may be within or outside the state.	16929
Unless otherwise provided by law, the latest principal maturity	16930
may not be later than the earlier of the thirty-first day of	16931
December of the fiftieth calendar year after the year of issuance	16932
of the particular obligations or of the fiftieth calendar year	16933
after the year in which the original obligation to pay was issued	16934
or entered into. Sections 9.96, 9.98, 9.981, 9.982, and 9.983 of	16935
the Revised Code apply to the obligations.	16936

The purpose of the obligations may be stated in the bond	16937
proceedings in general terms, such as, as applicable, "paying	16938
costs of capital facilities for a system of common schools" and	16939
"paying costs of facilities for state-supported and state-assisted	16940
institutions of higher education." Unless otherwise provided in	16941
the bond proceedings or in division (C) of this section, the net	16942
proceeds from the issuance of the obligations shall be paid to the	16943
state for deposit into the applicable improvement fund. In	16944
addition to the investments authorized in Chapter 135. of the	16945
Revised Code, the net proceeds held in an improvement fund may be	16946
invested by the treasurer of state in guaranteed investment	16947
contracts with providers rated at the time of any investment in	16948
the three highest rating categories by two nationally recognized	16949
rating agencies, all subject to the terms and conditions set forth	16950
in those agreements or the bond proceedings. Notwithstanding	16951
~~division (B)(4) of section 3318.38~~anything to the contrary in	16952
Chapter 3318. of the Revised Code, net proceeds of obligations	16953
deposited into the school building program assistance fund created	16954
in section 3318.25 of the Revised Code may be used to pay basic	16955
project costs under ~~section 3318.38 of the Revised Code~~that	16956
chapter at the times determined by the Ohio school facilities	16957
commission without regard to whether those expenditures are in	16958
proportion to the state's and the school district's respective	16959
shares of that basic project cost; provided that this shall not	16960
result in any change in the state or school district shares of the	16961
basic project costs ~~provided under Chapter 3318. of the Revised~~	16962
~~Code~~as determined under that chapter. As used in the preceding	16963
sentence, "Ohio school facilities commission" and "basic project	16964
costs" have the same meanings as in section 3318.01 of the Revised	16965
Code.	16966

(E) The issuing authority may, without need for any other	16967
approval, appoint or provide for the appointment of paying agents,	16968
bond registrars, securities depositories, credit enhancement	16969
providers or counterparties, clearing corporations, and transfer	16970
agents, and retain or contract for the services of underwriters,	16971
investment bankers, financial advisers, accounting experts,	16972
marketing, remarketing, indexing, and administrative agents, other	16973
consultants, and independent contractors, including printing	16974
services, as are necessary in the judgment of the issuing	16975
authority to carry out the issuing authority's functions under	16976
this section and section 183.52 of the Revised Code. The attorney	16977
general as counsel to the issuing authority shall represent the	16978
authority in the execution of its powers and duties, and shall	16979
institute and prosecute all actions on its behalf. The issuing	16980
authority, in consultation with the attorney general, shall select	16981
counsel, and the attorney general shall appoint the counsel	16982
selected, for the purposes of carrying out the functions under	16983
this section and related sections of the Revised Code. Financing	16984
costs are payable, as may be provided in the bond proceedings,	16985
from the proceeds of the obligations, from special funds, or from	16986
other moneys available for the purpose, including as to future	16987
financing costs, from the pledged receipts.	16988

(F) The issuing authority may irrevocably pledge and assign	16989
all, or such portion as the issuing authority determines, of the	16990
pledged receipts to the payment of the debt service charges on	16991
obligations issued under this section, and for the establishment	16992
and maintenance of any reserves, as provided in the bond	16993
proceedings, and make other provisions in the bond proceedings	16994
with respect to pledged receipts as authorized by this section,	16995
which provisions are controlling notwithstanding any other	16996
provisions of law pertaining to them. Any and all pledged receipts	16997
received by the issuing authority and required by the bond	16998
proceedings, consistent with this section, to be deposited,	16999
transferred, or credited to the bond service fund, and all other	17000
money transferred or allocated to or received for the purposes of	17001
that fund, shall be deposited and credited to the bond service	17002
fund created in the bond proceedings for the obligations, subject	17003
to any applicable provisions of those bond proceedings, but	17004
without necessity for any act of appropriation. Those pledged	17005
receipts shall immediately be subject to the lien of that pledge	17006
without any physical delivery thereof or further act, and shall	17007
not be subject to other court judgments. The lien of the pledge of	17008
those pledged receipts shall be valid and binding against all	17009
parties having claims of any kind against the issuing authority,	17010
irrespective of whether those parties have notice thereof. The	17011
pledge shall create a perfected security interest for all purposes	17012
of Chapter 1309. of the Revised Code and a perfected lien for	17013
purposes of any other interest, all without the necessity for	17014
separation or delivery of funds or for the filing or recording of	17015
the applicable bond proceedings by which that pledge is created or	17016
any certificate, statement, or other document with respect	17017
thereto. The pledge of the pledged receipts shall be effective and	17018
the money therefrom and thereof may be applied to the purposes for	17019
which pledged.	17020

(G) Obligations may be further secured, as determined by the	17021
issuing authority, by an indenture or a trust agreement between	17022
the issuing authority and a corporate trustee, which may be any	17023
trust company or bank having a place of business within the state.	17024
Any indenture or trust agreement may contain the resolution or	17025
order authorizing the issuance of the obligations, any provisions	17026
that may be contained in any bond proceedings, and other	17027
provisions that are customary or appropriate in an agreement of	17028
that type, including, but not limited to:	17029

(1) Maintenance of each pledge, indenture, trust agreement,	17030
or other instrument comprising part of the bond proceedings until	17031
the issuing authority has fully paid or provided for the payment	17032
of debt service on the obligations secured by it;	17033

(2) In the event of default in any payments required to be	17034
made by the bond proceedings, enforcement of those payments or	17035
agreements by mandamus, the appointment of a receiver, suit in	17036
equity, action at law, or any combination of them;	17037

(3) The rights and remedies of the holders or owners of	17038
obligations and of the trustee and provisions for protecting and	17039
enforcing them, including limitations on rights of individual	17040
holders and owners.	17041

(H) The bond proceedings may contain additional provisions	17042
customary or appropriate to the financing or to the obligations or	17043
to particular obligations including, but not limited to,	17044
provisions for:	17045

(1) The redemption of obligations prior to maturity at the	17046
option of the issuing authority or of the holder or upon the	17047
occurrence of certain conditions, and at a particular price or	17048
prices and under particular terms and conditions;	17049

(2) The form of and other terms of the obligations;

17050

(3) The establishment, deposit, investment, and application	17051
of special funds, and the safeguarding of moneys on hand or on	17052
deposit, in lieu of the applicability of provisions of Chapter	17053
131. or 135. of the Revised Code, but subject to any special	17054
provisions of this section with respect to the application of	17055
particular funds or moneys. Any financial institution that acts as	17056
a depository of any moneys in special funds or other funds under	17057
the bond proceedings may furnish indemnifying bonds or pledge	17058
securities as required by the issuing authority.	17059

(4) Any or every provision of the bond proceedings being	17060
binding upon the issuing authority and upon such governmental	17061
agency or entity, officer, board, authority, agency, department,	17062
institution, district, or other person or body as may from time to	17063
time be authorized to take actions as may be necessary to perform	17064
all or any part of the duty required by the provision;	17065

(5) The maintenance of each pledge or instrument comprising	17066
part of the bond proceedings until the issuing authority has fully	17067
paid or provided for the payment of the debt service on the	17068
obligations or met other stated conditions;	17069

(6) In the event of default in any payments required to be	17070
made by the bond proceedings, or by any other agreement of the	17071
issuing authority made as part of a contract under which the	17072
obligations were issued or secured, including a credit enhancement	17073
facility, the enforcement of those payments by mandamus, a suit in	17074
equity, an action at law, or any combination of those remedial	17075
actions;	17076

(7) The rights and remedies of the holders or owners of	17077
obligations or of book-entry interests in them, and of third	17078
parties under any credit enhancement facility, and provisions for	17079
protecting and enforcing those rights and remedies, including	17080
limitations on rights of individual holders or owners;	17081

(8) The replacement of mutilated, destroyed, lost, or stolen	17082
obligations;	17083

(9) The funding, refunding, or advance refunding, or other	17084
provision for payment, of obligations that will then no longer be	17085
outstanding for purposes of this section or of the applicable bond	17086
proceedings;	17087

(10) Amendment of the bond proceedings;

17088

(11) Any other or additional agreements with the owners of	17089
obligations, and such other provisions as the issuing authority	17090
determines, including limitations, conditions, or qualifications,	17091
relating to any of the foregoing or the activities of the issuing	17092
authority in connection therewith.	17093

The bond proceedings shall make provision for the payment of	17094
the expenses of the enforcement activity of the attorney general	17095
referred to in division (B) of this section from the amounts from	17096
the tobacco master settlement agreement assigned and sold to the	17097
issuing authority under that division or from the proceeds of	17098
obligations, or a combination thereof, which may include provision	17099
for both annual payments and a special fund providing reserve	17100
amounts for the payment of those expenses.	17101

The issuing authority shall not, and shall covenant in the	17102
bond proceedings that it shall not, be authorized to and shall not	17103
file a voluntary petition under the United States Bankruptcy Code,	17104
11 U.S.C. 101 et seq., as amended, or voluntarily commence any	17105
similar bankruptcy proceeding under state law including, without	17106
limitation, consenting to the appointment of a receiver or trustee	17107
or making a general or specific assignment for the benefit of	17108
creditors, and neither any public officer or any organization,	17109
entity, or other person shall authorize the issuing authority to	17110
be or become a debtor under the United States Bankruptcy Code or	17111
take any of those actions under the United States Bankruptcy Code	17112
or state law. The state hereby covenants, and the issuing	17113
authority shall covenant, with the holders or owners of the	17114
obligations, that the state shall not permit the issuing authority	17115
to file a voluntary petition under the United States Bankruptcy	17116
Code or take any of those actions under the United States	17117
Bankruptcy Code or state law during the period obligations are	17118
outstanding and for any additional period for which the issuing	17119
authority covenants in the bond proceedings, which additional	17120
period may, but need not, be a period of three hundred sixty-seven	17121
days or more.	17122

(I) The obligations requiring execution by or for the issuing	17123
authority shall be signed as provided in the bond proceedings, and	17124
may bear the official seal of the issuing authority or a facsimile	17125
thereof. Any obligation may be signed by the individual who, on	17126
the date of execution, is the authorized signer even though, on	17127
the date of the obligations, that individual is not an authorized	17128
signer. In case the individual whose signature or facsimile	17129
signature appears on any obligation ceases to be an authorized	17130
signer before delivery of the obligation, that signature or	17131
facsimile is nevertheless valid and sufficient for all purposes as	17132
if that individual had remained the authorized signer until	17133
delivery.	17134

(J) Obligations are investment securities under Chapter 1308.	17135
of the Revised Code. Obligations may be issued in bearer or in	17136
registered form, registrable as to principal alone or as to both	17137
principal and interest, or both, or in certificated or	17138
uncertificated form, as the issuing authority determines.	17139
Provision may be made for the exchange, conversion, or transfer of	17140
obligations and for reasonable charges for registration, exchange,	17141
conversion, and transfer. Pending preparation of final	17142
obligations, the issuing authority may provide for the issuance of	17143
interim instruments to be exchanged for the final obligations.	17144

(K) Obligations may be sold at public sale or at private	17145
sale, in such manner, and at such price at, above, or below par,	17146
all as determined by and provided by the issuing authority in the	17147
bond proceedings.	17148

(L) Except to the extent that rights are restricted by the	17149
bond proceedings, any owner of obligations or provider of or	17150
counterparty to a credit enhancement facility may by any suitable	17151
form of legal proceedings protect and enforce any rights relating	17152
to obligations or that facility under the laws of this state or	17153
granted by the bond proceedings. Those rights include the right to	17154
compel the performance of all applicable duties of the issuing	17155
authority and the state. Each duty of the issuing authority and	17156
that issuing authority's officers, staff, and employees, and of	17157
each state entity or agency, or using district or using	17158
institution, and its officers, members, staff, or employees,	17159
undertaken pursuant to the bond proceedings, is hereby established	17160
as a duty of the entity or individual having authority to perform	17161
that duty, specifically enjoined by law and resulting from an	17162
office, trust, or station within the meaning of section 2731.01 of	17163
the Revised Code. The individuals who are from time to time	17164
members of the issuing authority, or their designees acting	17165
pursuant to section 183.52 of the Revised Code, or the issuing	17166
authority's officers, staff, agents, or employees, when acting	17167
within the scope of their employment or agency, shall not be	17168
liable in their personal capacities on any obligations or	17169
otherwise under the bond proceedings, or for otherwise exercising	17170
or carrying out any purposes or powers of the issuing authority.	17171

(M)(1) Subject to any applicable limitations in division (C)	17172
of this section, the issuing authority may also authorize and	17173
provide for the issuance of:	17174

(a) Obligations in the form of bond anticipation notes, and	17175
may authorize and provide for the renewal of those notes from time	17176
to time by the issuance of new notes. The holders of notes or	17177
appertaining interest coupons have the right to have debt service	17178
on those notes paid solely from the moneys and special funds, and	17179
all or any portion of the pledged receipts, that are or may be	17180
pledged to that payment, including the proceeds of bonds or	17181
renewal notes or both, as the issuing authority provides in the	17182
bond proceedings authorizing the notes. Notes may be additionally	17183
secured by covenants of the issuing authority to the effect that	17184
the issuing authority will do all things necessary for the	17185
issuance of bonds or renewal notes in such principal amount and	17186
upon such terms as may be necessary to provide moneys to pay when	17187
due the debt service on the notes, and apply their proceeds to the	17188
extent necessary, to make full and timely payment of debt service	17189
on the notes as provided in the applicable bond proceedings. In	17190
the bond proceedings authorizing the issuance of bond anticipation	17191
notes the issuing authority shall set forth for the bonds	17192
anticipated an estimated schedule of annual principal payments the	17193
latest of which shall be no later than provided in division (D) of	17194
this section. While the notes are outstanding there shall be	17195
deposited, as shall be provided in the bond proceedings for those	17196
notes, from the sources authorized for payment of debt service on	17197
the bonds, amounts sufficient to pay the principal of the bonds	17198
anticipated as set forth in that estimated schedule during the	17199
time the notes are outstanding, which amounts shall be used solely	17200
to pay the principal of those notes or of the bonds anticipated.	17201

(b) Obligations for the refunding, including funding and	17202
retirement, and advance refunding, with or without payment or	17203
redemption prior to maturity, of any obligations previously issued	17204
under this section and any bonds or notes previously issued for	17205
the purpose of paying costs of capital facilities for: (i)	17206
state-supported or state-assisted institutions of higher education	17207
as authorized by sections 151.01 and 151.04 of the Revised Code,	17208
pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution,	17209
and (ii) housing branches and agencies of state government limited	17210
to facilities for a system of common schools throughout the state	17211
as authorized by sections 151.01 and 151.03 of the Revised Code,	17212
pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution.	17213
Refunding obligations may be issued in amounts sufficient to pay	17214
or to provide for repayment of the principal amount, including	17215
principal amounts maturing prior to the redemption of the	17216
remaining prior obligations or bonds or notes, any redemption	17217
premium, and interest accrued or to accrue to the maturity or	17218
redemption date or dates, payable on the prior obligations or	17219
bonds or notes, and related financing costs and any expenses	17220
incurred or to be incurred in connection with that issuance and	17221
refunding. Subject to the applicable bond proceedings, the portion	17222
of the proceeds of the sale of refunding obligations issued under	17223
division (M)(1)(b) of this section to be applied to debt service	17224
on the prior obligations or bonds or notes shall be credited to an	17225
appropriate separate account in the bond service fund and held in	17226
trust for the purpose by the issuing authority or by a corporate	17227
trustee, and may be invested as provided in the bond proceedings.	17228
Obligations authorized under this division shall be considered to	17229
be issued for those purposes for which the prior obligations or	17230
bonds or notes were issued.	17231

(2) The principal amount of refunding, advance refunding, or	17232
renewal obligations issued pursuant to division (M) of this	17233
section shall be in addition to the amount authorized in division	17234
(C) of this section.	17235

(N) Obligations are lawful investments for banks, savings and	17236
loan associations, credit union share guaranty corporations, trust	17237
companies, trustees, fiduciaries, insurance companies, including	17238
domestic for life and domestic not for life, trustees or other	17239
officers having charge of sinking and bond retirement or other	17240
special funds of the state and political subdivisions and taxing	17241
districts of this state, notwithstanding any other provisions of	17242
the Revised Code or rules adopted pursuant to those provisions by	17243
any state agency with respect to investments by them, and are also	17244
acceptable as security for the repayment of the deposit of public	17245
moneys. The exemptions from taxation in Ohio as provided for in	17246
particular sections of the Ohio Constitution and section 5709.76	17247
of the Revised Code apply to the obligations.	17248

(O)(1) Unless otherwise provided or provided for in any	17249
applicable bond proceedings, moneys to the credit of or in a	17250
special fund shall be disbursed on the order of the issuing	17251
authority. No such order is required for the payment, from the	17252
bond service fund or other special fund, when due of debt service	17253
or required payments under credit enhancement facilities.	17254

(2) Payments received by the issuing authority under interest	17255
rate hedges entered into as credit enhancement facilities under	17256
this section shall be deposited as provided in the applicable bond	17257
proceedings.	17258

(P) The obligations shall not be general obligations of the	17259
state and the full faith and credit, revenue, and taxing power of	17260
the state shall not be pledged to the payment of debt service on	17261
them or to any guarantee of the payment of that debt service. The	17262
holders or owners of the obligations shall have no right to have	17263
any moneys obligated or pledged for the payment of debt service	17264
except as provided in this section and in the applicable bond	17265
proceedings. The rights of the holders and owners to payment of	17266
debt service are limited to all or that portion of the pledged	17267
receipts, and those special funds, pledged to the payment of debt	17268
service pursuant to the bond proceedings in accordance with this	17269
section, and each obligation shall bear on its face a statement to	17270
that effect.	17271

(Q) Each bond service fund is a trust fund and is hereby	17272
pledged to the payment of debt service on the applicable	17273
obligations. Payment of that debt service shall be made or	17274
provided for by the issuing authority in accordance with the bond	17275
proceedings without necessity for any act of appropriation. The	17276
bond proceedings may provide for the establishment of separate	17277
accounts in the bond service fund and for the application of those	17278
accounts only to debt service on specific obligations, and for	17279
other accounts in the bond service fund within the general	17280
purposes of that fund.	17281

(R) Subject to the bond proceedings pertaining to any	17282
obligations then outstanding in accordance with their terms, the	17283
issuing authority may in the bond proceedings pledge all, or such	17284
portion as the issuing authority determines, of the moneys in the	17285
bond service fund to the payment of debt service on particular	17286
obligations, and for the establishment and maintenance of any	17287
reserves for payment of particular debt service.	17288

(S)(1) Unless otherwise provided in any applicable bond	17289
proceedings, moneys to the credit of special funds may be invested	17290
by or on behalf of the issuing authority only in one or more of	17291
the following:	17292

(a) Notes, bonds, or other direct obligations of the United	17293
States or of any agency or instrumentality of the United States,	17294
or in no-front-end-load money market mutual funds consisting	17295
exclusively of those obligations, or in repurchase agreements,	17296
including those issued by any fiduciary, secured by those	17297
obligations, or in collective investment funds consisting	17298
exclusively of those obligations;	17299

(b) Obligations of this state or any political subdivision of	17300
this state;	17301

(c) Certificates of deposit of any national bank located in	17302
this state and any bank, as defined in section 1101.01 of the	17303
Revised Code, subject to inspection by the superintendent of	17304
financial institutions;	17305

(d) The treasurer of state's pooled investment program under	17306
section 135.45 of the Revised Code;	17307

(e) Other investment agreements or repurchase agreements that	17308
are consistent with the ratings on the obligations.	17309

(2) The income from investments referred to in division	17310
(S)(1) of this section shall be credited to special funds or	17311
otherwise as the issuing authority determines in the bond	17312
proceedings. Those investments may be sold or exchanged at times	17313
as the issuing authority determines, provides for, or authorizes.	17314

(T) The treasurer of state shall have responsibility for	17315
keeping records, making reports, and making payments, relating to	17316
any arbitrage rebate requirements under the applicable bond	17317
proceedings.	17318

(U) The issuing authority shall make quarterly reports to the	17319
general assembly of the amounts in, and activities of, each	17320
improvement fund, including amounts and activities on the subfund	17321
level. Each report shall include a detailed description and	17322
analysis of the amount of proceeds remaining in each fund from the	17323
sale of obligations pursuant to this section, and any other	17324
deposits, credits, interest earnings, disbursements, expenses,	17325
transfers, or activities of each fund.	17326

(V) The costs of the annual audit of the authority conducted	17327
pursuant to section 117.112 of the Revised Code are payable, as	17328
may be provided in the bond proceedings, from the proceeds of the	17329
obligations, from special funds, or from other moneys available	17330
for the purpose, including as to future financing costs, from the	17331
pledged receipts.	17332

Sec. 185.01. As used in this chapter:

17333

(A) "Advanced practice nurse" has the same meaning as in	17334
section 4723.01 of the Revised Code.	17335

(B) "Collaboration" has the same meaning as in section	17336
4723.01 of the Revised Code.	17337

(C) ~~"Health care coverage and quality council" means the~~	17338
~~entity established under section 3923.90 of the Revised Code.~~	17339

~~(D)~~ "Patient centered medical home education advisory group"	17340
means the entity established under section 185.03 of the Revised	17341
Code to implement and administer the patient centered medical home	17342
education pilot project.	17343

~~(E)~~(D) "Patient centered medical home education pilot	17344
project" means the pilot project established under section 185.02	17345
of the Revised Code.	17346

Sec. 185.03. (A) The patient centered medical home education	17347
advisory group is hereby created for the purpose of implementing	17348
and administering the patient centered medical home pilot project.	17349
The advisory group shall develop a set of expected outcomes for	17350
the pilot project.	17351

(B) The advisory group shall consist of the following voting	17352
members:	17353

(1) One individual with expertise in the training and	17354
education of primary care physicians who is appointed by the dean	17355
of the university of Toledo college of medicine;	17356

(2) One individual with expertise in the training and	17357
education of primary care physicians who is appointed by the dean	17358
of the Boonshoft school of medicine at Wright state university;	17359

(3) One individual with expertise in the training and	17360
education of primary care physicians who is appointed by the	17361
president and dean of the northeast Ohio medical university;	17362

(4) One individual with expertise in the training and	17363
education of primary care physicians who is appointed by the dean	17364
of the Ohio university college of osteopathic medicine;	17365

(5) Two individuals appointed by the governing board of the	17366
Ohio academy of family physicians;	17367

(6) One individual appointed by the governing board of the	17368
Ohio chapter of the American college of physicians;	17369

(7) One individual appointed by the governing board of the	17370
American academy of pediatrics;	17371

(8) One individual appointed by the governing board of the	17372
Ohio osteopathic association;	17373

(9) One individual with expertise in the training and	17374
education of advanced practice nurses who is appointed by the	17375
governing board of the Ohio council of deans and directors of	17376
baccalaureate and higher degree programs in nursing;	17377

(10) One individual appointed by the governing board of the	17378
Ohio nurses association;	17379

(11) One individual appointed by the governing board of the	17380
Ohio association of advanced practice nurses;	17381

(12) ~~A member of the health care coverage and quality~~	17382
~~council, other than the advisory group member specified in~~	17383
~~division (C)(2) of this section,~~One individual appointed by the	17384
governing board of the Ohio council for home care and hospice;	17385

(13) One individual appointed by the superintendent of	17386
insurance.	17387

(C) The advisory group shall consist of the following	17388
nonvoting, ex officio members:	17389

(1) The executive director of the state medical board, or the	17390
director's designee;	17391

(2) The executive director of the board of nursing or the	17392
director's designee;	17393

(3) The chancellor of the Ohio board of regents, or the	17394
chancellor's designee;	17395

(4) The individual within the department of job and family	17396
services who serves as the director of medicaid, or the director's	17397
designee;	17398

(5) The director of health or the director's designee.

17399

(D) Advisory group members who are appointed shall serve at	17400
the pleasure of their appointing authorities. Terms of office of	17401
appointed members shall be three years, except that a member's	17402
term ends if the pilot project ceases operation during the	17403
member's term.	17404

Vacancies shall be filled in the manner provided for original	17405
appointments.	17406

Members shall serve without compensation, except to the	17407
extent that serving on the advisory group is considered part of	17408
their regular employment duties.	17409

(E) The advisory group shall select from among its members a	17410
chairperson and vice-chairperson. The advisory group may select	17411
any other officers it considers necessary to conduct its business.	17412

A majority of the members of the advisory group constitutes a	17413
quorum for the transaction of official business. A majority of a	17414
quorum is necessary for the advisory group to take any action,	17415
except that when one or more members of a quorum are required to	17416
abstain from voting as provided in division (C)(1)(d) or (C)(2)(c)	17417
of section 185.05 of the Revised Code, the number of members	17418
necessary for a majority of a quorum shall be reduced accordingly.	17419

The advisory group shall meet as necessary to fulfill its	17420
duties. The times and places for the meetings shall be selected by	17421
the chairperson.	17422

(F) Sections 101.82 to 101.87 of the Revised Code do not	17423
apply to the advisory group.	17424

Sec. 185.06. (A) To be eligible for inclusion in the patient	17425
centered medical home education pilot project, a physician	17426
practice shall meet all of the following requirements:	17427

(1) Consist of physicians who are board-certified in family	17428
medicine, general pediatrics, or internal medicine, as those	17429
designations are issued by a medical specialty certifying board	17430
recognized by the American board of medical specialties or	17431
American osteopathic association;	17432

(2) Be capable of adapting the practice during the period in	17433
which the practice receives funding from the patient centered	17434
medical home education advisory group in such a manner that the	17435
practice is fully compliant with the minimum standards for	17436
operation of a patient centered medical home, as those standards	17437
are established by the advisory group;	17438

(3) ~~Comply with any reporting requirements recommended by the~~	17439
~~health care coverage and quality council under division (A)(12) of~~	17440
~~section 3923.91 of the Revised Code;~~	17441

~~(4)~~ Meet any other criteria established by the advisory group	17442
as part of the selection process.	17443

(B) To be eligible for inclusion in the pilot project, an	17444
advanced practice nurse primary care practice shall meet all of	17445
the following requirements:	17446

(1) Consist of advanced practice nurses who meet all of the	17447
following requirements:	17448

(a) Hold a certificate to prescribe issued under section	17449
4723.48 of the Revised Code;	17450

(b) Are board-certified as a family nurse practitioner or	17451
adult nurse practitioner by the American academy of nurse	17452
practitioners or American nurses credentialing center,	17453
board-certified as a geriatric nurse practitioner or women's	17454
health nurse practitioner by the American nurses credentialing	17455
center, or is board-certified as a pediatric nurse practitioner by	17456
the American nurses credentialing center or pediatric nursing	17457
certification board;	17458

(c) Has a collaboration agreement with a physician with board	17459
certification as specified in division (A)(1) of this section and	17460
who is an active participant on the health care team.	17461

(2) Be capable of adapting the primary care practice during	17462
the period in which the practice receives funding from the	17463
advisory group in such a manner that the practice is fully	17464
compliant with the minimum standards for operation of a patient	17465
centered medical home, as those standards are established by the	17466
advisory group;	17467

(3) ~~Comply with any reporting requirements recommended by the~~	17468
~~health care coverage and quality council under division (A)(12) of~~	17469
~~section 3923.91 of the Revised Code;~~	17470

~~(4)~~ Meet any other criteria established by the advisory group	17471
as part of the selection process.	17472

Sec. 185.10. The patient centered medical home education	17473
advisory group shall seek funding sources for the patient centered	17474
medical home education pilot project. In doing so, the advisory	17475
group may apply for grants, seek federal funds, seek private	17476
donations, or seek any other type of funding that may be available	17477
for the pilot project. ~~To ensure that appropriate sources of and~~	17478
~~opportunities for funding are identified and pursued, the advisory~~	17479
~~group may ask for assistance from the health care coverage and~~	17480
~~quality council.~~	17481

Sec. 187.01. As used in this chapter, "JobsOhio" means the	17482
nonprofit corporation formed under this section, and includes any	17483
subsidiary of that corporation. In any section of law that refers	17484
to the nonprofit corporation formed under this section, reference	17485
to the corporation includes reference to any such subsidiary	17486
unless otherwise specified or clearly appearing from the context.	17487

The governor is hereby authorized to form a nonprofit	17488
corporation, to be named "JobsOhio," with the purposes of	17489
promoting economic development, job creation, job retention, job	17490
training, and the recruitment of business to this state. Except as	17491
otherwise provided in this chapter, the corporation shall be	17492
organized and operated in accordance with Chapter 1702. of the	17493
Revised Code. The governor shall sign and file articles of	17494
incorporation for the corporation with the secretary of state. The	17495
legal existence of the corporation shall begin upon the filing of	17496
the articles.	17497

~~The~~In addition to meeting the requirements for articles of	17498
incorporation in Chapter 1702. of the Revised Code, the articles	17499
of incorporation for the nonprofit corporation shall set forth the	17500
following:	17501

(A) The designation of the name of the corporation as	17502
JobsOhio;	17503

(B) The creation of a board of directors consisting of ~~the~~	17504
~~governor and eight~~nine directors, to be appointed by the	17505
governor, who satisfy the qualifications prescribed by section	17506
187.02 of the Revised Code;	17507

(C) A requirement that the governor make initial appointments	17508
to the board within sixty days after the filing of the articles of	17509
incorporation. Of the initial appointments made to the board, two	17510
shall be for a term ending one year after the date the articles	17511
were filed, two shall be for a term ending two years after the	17512
date the articles were filed, and ~~four~~five shall be for a term	17513
ending four years after the date the articles were filed. The	17514
articles shall state that, following the initial appointments, the	17515
governor shall appoint directors to terms of office of four years,	17516
with each term of office ending on the same day of the same month	17517
as did the term that it succeeds. If any director dies, resigns,	17518
or the director's status changes such that any of the requirements	17519
of division (C) of section 187.02 of the Revised Code are no	17520
longer met, that director's seat on the board shall become	17521
immediately vacant. The governor shall forthwith fill the vacancy	17522
by appointment for the remainder of the term of office of the	17523
vacated seat.	17524

(D) ~~The designation of~~A requirement that the governor ~~as the~~	17525
appoint one director to be chairperson of the board and procedures	17526
for electing directors to serve as officers of the corporation and	17527
members of an executive committee;	17528

(E) A provision for the appointment of a chief investment	17529
officer of the corporation by the recommendation of the board and	17530
approval of the governor. The chief investment officer shall serve	17531
at the pleasure of the ~~governor~~board and shall have the power to	17532
execute contracts, spend corporation funds, and hire employees on	17533
behalf of the corporation. If the position of chief investment	17534
officer becomes vacant for any reason, the vacancy shall be filled	17535
in the same manner as provided in this division.	17536

(F) Provisions requiring the board to do all of the	17537
following:	17538

(1) Adopt one or more resolutions providing for compensation	17539
of the chief investment officer;	17540

(2) Approve an employee compensation plan recommended by the	17541
chief investment officer;	17542

(3) Approve a contract with the director of development for	17543
the corporation to assist the director and the department of	17544
development with providing services or otherwise carrying out the	17545
functions or duties of the department, including the operation and	17546
management of programs, offices, divisions, or boards, as may be	17547
determined by the director of development in consultation with the	17548
governor;	17549

(4) Approve all major contracts for services recommended by	17550
the chief investment officer;	17551

(5) Establish an annual strategic plan and standards of	17552
measure to be used in evaluating the corporation's success in	17553
executing the plan;	17554

(6) Establish a conflicts of interest policy that, at a	17555
minimum, complies with section 187.06 of the Revised Code;	17556

(7) Hold a minimum of four board of directors meetings per	17557
year at which a quorum of the board is physically present, and	17558
such other meetings, at which directors' physical presence is not	17559
required, as may be necessary. Meetings at which a quorum of the	17560
board is required to be physically present are subject to	17561
divisions (C), (D), and (E) of section 187.03 of the Revised Code.	17562

(8) Establish a records retention policy and present the	17563
policy, and any subsequent changes to the policy, at a meeting of	17564
the board of directors at which a quorum of the board is required	17565
to be physically present pursuant to division (F)(7) of this	17566
section;	17567

(9) Adopt standards of conduct for the directors.

17568

(G) A statement that directors shall not receive any	17569
compensation from the corporation, except that ~~governor-appointed~~	17570
directors may be reimbursed for actual and necessary expenses	17571
incurred in connection with services performed for the	17572
corporation;	17573

(H) A provision authorizing the board to amend provisions of	17574
the corporation's articles of incorporation or regulations, except	17575
provisions required by this chapter;	17576

(I) Procedures by which the corporation would be dissolved	17577
and by which all corporation rights~~, liabilities,~~ and assets would	17578
be distributed to the state or to another corporation organized	17579
under this chapter. These procedures shall incorporate any	17580
separate procedures subsequently set forth in this chapter for the	17581
dissolution of the corporation. The articles shall state that no	17582
dissolution shall take effect until the corporation has made	17583
adequate provision for the payment of any outstanding bonds,	17584
notes, or other obligations.	17585

(J) A provision establishing an audit committee to be	17586
comprised of directors. The articles shall require that the audit	17587
committee hire an independent certified public accountant to	17588
perform a financial audit of the corporation at least once every	17589
year.	17590

(K) A provision authorizing ~~the governor, as chairperson of~~	17591
~~the board,~~a majority of the disinterested directors to remove a	17592
director for misconduct, as that term may be defined in the	17593
articles or regulations of the corporation. The removal of a	17594
director under this division creates a vacancy on the board that	17595
the governor shall fill by appointment for the remainder of the	17596
term of office of the vacated seat.	17597

Sec. 187.02. (A) To qualify for appointment to the board of	17598
directors of JobsOhio, an individual must satisfy all of the	17599
following:	17600

(1) Has an understanding of generally accepted accounting	17601
principles and financial statements;	17602

(2) Possesses the ability to assess the general application	17603
of such principles in connection with the accounting for	17604
estimates, accruals, and reserves;	17605

(3) Has experience preparing, auditing, analyzing, or	17606
evaluating financial statements that present a breadth and level	17607
of complexity of accounting issues that are generally comparable	17608
to the breadth and complexity of issues that can reasonably be	17609
expected to be presented by the JobsOhio corporation's financial	17610
statements, or experience actively supervising one or more persons	17611
engaged in such activities;	17612

(4) Has an understanding of internal controls and the	17613
procedures for financial reporting;	17614

(5) Has an understanding of audit committee functions.

17615

(B) Specific experience demonstrating the qualifications	17616
required by division (A) of this section may be evidenced by any	17617
of the following:	17618

(1) Education and experience as a principal financial	17619
officer, principal accounting officer, controller, public	17620
accountant or auditor, or experience in one or more positions that	17621
involve the performance of similar functions;	17622

(2) Experience actively supervising a principal financial	17623
officer, principal accounting officer, controller, public	17624
accountant, auditor, or person performing similar functions;	17625

(3) Experience overseeing or assessing the performance of	17626
companies or public accountants with respect to the preparation,	17627
auditing, or evaluation of financial statements;	17628

~~(4) Other experience considered relevant by the governor~~	17629
~~consistent with division (A) of this section~~.	17630

(C) Each individual appointed to the board of directors shall	17631
be a citizen of the United States. At least six of the individuals	17632
appointed to the board shall be residents of or domiciled in this	17633
state.	17634

Sec. 187.03. (A) JobsOhio may perform such functions as	17635
permitted and shall perform such duties as prescribed by law, but	17636
shall not be considered a state or public department, agency,	17637
office, body, institution, or instrumentality for purposes of	17638
section 1.60 or Chapter 102., 121., 125., or 149. of the Revised	17639
Code. JobsOhio and its board of directors are not subject to the	17640
following sections of Chapter 1702. of the Revised Code: sections	17641
1702.03, 1702.08, 1702.09, 1702.21, 1702.24, 1702.26, 1702.27,	17642
1702.28, 1702.29, 1702.301, 1702.33, 1702.34, 1702.37, 1702.38,	17643
1702.40 to 1702.52, 1702.521, 1702.54, 1702.57, 1702.58, 1702.59,	17644
1702.60, 1702.80, and 1702.99. Nothing in this division shall be	17645
construed to impair the powers and duties of the Ohio ethics	17646
commission described in section 102.06 of the Revised Code to	17647
investigate and enforce section 102.02 of the Revised Code with	17648
regard to individuals required to file statements under division	17649
(B)(2) of this section.	17650

(B)(1) ~~With the exception of the governor, directors~~	17651
Directors and employees of JobsOhio are not employees or officials	17652
of the state and, except as provided in division (B)(2) of this	17653
section, are not subject to Chapter 102., 124., 145., or 4117. of	17654
the Revised Code.	17655

(2) The chief investment officer, any other officer or	17656
employee with significant administrative, supervisory,	17657
contracting, or investment authority, and any ~~governor-appointed~~	17658
director of JobsOhio shall file, with the Ohio ethics commission,	17659
a financial disclosure statement pursuant to section 102.02 of the	17660
Revised Code that includes, in place of the information required	17661
by divisions (A)(2), (7), (8), and (9) of that section, the	17662
information required by divisions (A) and (B) of section 102.022	17663
of the Revised Code. The governor shall comply with all applicable	17664
requirements of section 102.02 of the Revised Code.	17665

(3) Actual or in-kind expenditures for the travel, meals, or	17666
lodging of the governor or of any public official or employee	17667
designated by the governor for the purpose of this division shall	17668
not be considered a violation of section 102.03 of the Revised	17669
Code if the expenditures are made by the corporation, or on behalf	17670
of the corporation by any person, in connection with the	17671
governor's performance of official duties ~~as chairperson of the~~	17672
~~board of directors of~~related to JobsOhio. The governor may	17673
designate any person, including a person who is a public official	17674
or employee as defined in section 102.01 of the Revised Code, for	17675
the purpose of this division if such expenditures are made on	17676
behalf of the person in connection with the governor's performance	17677
of official duties ~~as chairperson~~related to JobsOhio. A public	17678
official or employee so designated by the governor shall comply	17679
with all applicable requirements of section 102.02 of the Revised	17680
Code.	17681

At the times and frequency agreed to under division (B)(2)(b)	17682
of section 187.04 of the Revised Code, beginning in 2012, the	17683
corporation shall file with the department of development a	17684
written report of all such expenditures paid or incurred during	17685
the preceding calendar year. The report shall state the dollar	17686
value and purpose of each expenditure, the date of each	17687
expenditure, the name of the person that paid or incurred each	17688
expenditure, and the location, if any, where services or benefits	17689
of an expenditure were received, provided that any such	17690
information that may disclose proprietary information as defined	17691
in division (C) of this section shall not be included in the	17692
report.	17693

(4) The prohibition applicable to former public officials or	17694
employees in division (A)(1) of section 102.03 of the Revised Code	17695
does not apply to any person appointed to be a director or hired	17696
as an employee of JobsOhio.	17697

(5) Notwithstanding division (A)(2) of section 145.01 of the	17698
Revised Code, any person who is a former state employee shall no	17699
longer be considered a public employee for purposes of Chapter	17700
145. of the Revised Code upon commencement of employment with	17701
JobsOhio.	17702

(6) Any director, officer, or employee of JobsOhio may	17703
request an advisory opinion from the Ohio ethics commission with	17704
regard to questions concerning the provisions of sections 102.02	17705
and 102.022 of the Revised Code to which the person is subject.	17706

(C) Meetings of the board of directors at which a quorum of	17707
the board is required to be physically present pursuant to	17708
division (F) of section 187.01 of the Revised Code shall be open	17709
to the public except, by a majority vote of the directors present	17710
at the meeting, such a meeting may be closed to the public only	17711
for one or more of the following purposes:	17712

(1) To consider business strategy of the corporation;

17713

(2) To consider proprietary information belonging to	17714
potential applicants or potential recipients of business	17715
recruitment, retention, or creation incentives. For the purposes	17716
of this division, "proprietary information" means marketing plans,	17717
specific business strategy, production techniques and trade	17718
secrets, financial projections, or personal financial statements	17719
of applicants or members of the applicants' immediate family,	17720
including, but not limited to, tax records or other similar	17721
information not open to the public inspection.	17722

(3) To consider legal matters, including litigation, in which	17723
the corporation is or may be involved;	17724

(4) To consider personnel matters related to an individual	17725
employee of the corporation.	17726

(D) The board of directors shall establish a reasonable	17727
method whereby any person may obtain the time and place of all	17728
public meetings described in division (C) of this section. The	17729
method shall provide that any person, upon request and payment of	17730
a reasonable fee, may obtain reasonable advance notification of	17731
all such meetings.	17732

(E) The board of directors shall promptly prepare, file, and	17733
maintain minutes of all public meetings described in division (C)	17734
of this section.	17735

(F) Not later than March 1, 2012, and the first day of March	17736
of each year thereafter, the chief investment officer of JobsOhio	17737
shall prepare and submit a report of the corporation's activities	17738
for the preceding year to the governor, the speaker and minority	17739
leader of the house of representatives, and the president and	17740
minority leader of the senate. The annual report shall include the	17741
following:	17742

(1) An analysis of the state's economy;

17743

(2) A description of the structure, operation, and financial	17744
status of the corporation;	17745

(3) A description of the corporation's strategy to improve	17746
the state economy and the standards of measure used to evaluate	17747
its progress;	17748

(4) An evaluation of the performance of current strategies	17749
and major initiatives;	17750

(5) An analysis of any statutory or administrative barriers	17751
to successful economic development, business recruitment, and job	17752
growth in the state identified by JobsOhio during the preceding	17753
year.	17754

Sec. 187.09. (A) Any action brought by or on behalf of	17755
JobsOhio against a director or former director in that	17756
individual's capacity as a director shall be brought in the court	17757
of common pleas of Franklin county.	17758

(B) Except as provided in division (D) of this section, any	17759
claim asserting that any one or more sections of the Revised Code	17760
amended or enacted by H.B. 1 of the 129th general assembly, any	17761
section of Chapter 4313. of the Revised Code enacted by H.B. 153	17762
of the 129th general assembly, or any portion of one or more of	17763
those sections, violates any provision of the Ohio Constitution	17764
shall be brought in the court of common pleas of Franklin county	17765
within ninety days after the effective date of the amendment of	17766
this section by H.B. 153 of the 129th general assembly.	17767

(C) Except as provided in division (D) of this section, any	17768
claim asserting that any action taken by JobsOhio violates any	17769
provision of the Ohio Constitution shall be brought in the court	17770
of common pleas of Franklin county within sixty days after the	17771
action is taken.	17772

(D) Divisions (B) and (C) of this section shall not apply to	17773
any claim within the original jurisdiction of the supreme court or	17774
a court of appeals pursuant to Article IV of the Ohio	17775
Constitution.	17776

(E) The court of common pleas of Franklin county shall give	17777
any claim filed pursuant to division (B) or (C) of this section	17778
priority over all other civil cases before the court, irrespective	17779
of position on the court's calendar, and shall make a	17780
determination on the claim expeditiously. A court of appeals shall	17781
give any appeal from a final order issued in a case brought	17782
pursuant to division (B) or (C) of this section priority over all	17783
other civil cases before the court, irrespective of position on	17784
the court's calendar, and shall make a determination on the appeal	17785
expeditiously.	17786

Sec. 187.13. (A) No person, except the nonprofit corporation	17787
formed under section 187.01 of the Revised Code or its designees,	17788
may use the name "JobsOhio" or "Jobs Ohio," or words of a similar	17789
meaning in another language, as any part of a designation or name	17790
under which the person conducts or may conduct business in this	17791
state, unless the person receives the written consent of JobsOhio.	17792
As used in this section, "person" has the same meaning as in	17793
section 1702.01 of the Revised Code.	17794

(B) The name of any subsidiary of JobsOhio shall include the	17795
name "JobsOhio" and an additional designation that differentiates	17796
the subsidiary from other JobsOhio corporations formed under	17797
section 187.01 of the Revised Code.	17798

Sec. 189.01. As used in sections 189.01 to 189.09 of the	17799
Revised Code, "political subdivision" means a municipal	17800
corporation, township, county, school district, or other body	17801
corporate and politic responsible for governmental activities in a	17802
geographic area smaller than that of the state. "Political	17803
subdivision" includes a county hospital commission appointed under	17804
section 339.14 of the Revised Code, board of hospital	17805
commissioners appointed for a municipal hospital under section	17806
749.04 of the Revised Code, board of hospital trustees appointed	17807
for a municipal hospital under section 749.22 of the Revised Code,	17808
regional planning commission created pursuant to section 713.21 of	17809
the Revised Code, county planning commission created pursuant to	17810
section 713.22 of the Revised Code, joint planning council created	17811
pursuant to section 713.231 of the Revised Code, interstate	17812
regional planning commission created pursuant to section 713.30 of	17813
the Revised Code, port authority created pursuant to section	17814
4582.02 or 4582.26 of the Revised Code or in existence on December	17815
16, 1964, regional council established by political subdivisions	17816
pursuant to Chapter 167. of the Revised Code, emergency planning	17817
district and joint emergency planning district designated under	17818
section 3750.03 of the Revised Code, joint emergency medical	17819
services district created pursuant to section 307.052 of the	17820
Revised Code, fire and ambulance district created pursuant to	17821
section 505.375 of the Revised Code, joint interstate emergency	17822
planning district established by an agreement entered into under	17823
section 3750.03 of the Revised Code, county solid waste management	17824
district and joint solid waste management district established	17825
under section 343.01 or 343.012 of the Revised Code, community	17826
school established under Chapter 3314. of the Revised Code, the	17827
county or counties served by a community-based correctional	17828
facility and program or district community-based correctional	17829
facility and program established and operated under sections	17830
2301.51 to 2301.58 of the Revised Code, a community-based	17831
correctional facility and program or district community-based	17832
correctional facility and program that is so established and	17833
operated, and the facility governing board of a community-based	17834
correctional facility and program or district community-based	17835
correctional facility and program that is so established and	17836
operated.	17837

Sec. 189.02. There is hereby created the local government	17838
innovation program to be administered by the department of	17839
development and the local government innovation council	17840
established in section 189.03 of the Revised Code. The program	17841
shall provide loans and grants for local government innovation	17842
projects in accordance with this chapter.	17843

Sec. 189.03. (A) There is hereby created the local	17844
government innovation council to establish criteria for and make	17845
loans and awards to political subdivisions for local government	17846
innovation projects and take such other actions, in consultation	17847
with the department of development, as necessary to implement the	17848
local government innovation program established in section 189.02	17849
of the Revised Code.	17850

(B) The council shall consist of the following members:

17851

(1) The director of development, or the director's designee;

17852

(2) The director of budget and management, or the director's	17853
designee;	17854

(3) The auditor of state, or the auditor's designee;

17855

(4) Two members of the senate, one member appointed by the	17856
president of the senate and one member appointed by the minority	17857
leader of the senate;	17858

(5) Two members of the house of representatives, one member	17859
appointed by the speaker of the house of representatives and one	17860
member appointed by the minority leader of the house of	17861
representatives;	17862

(6) One member recommended by the Ohio municipal league,	17863
appointed by the governor;	17864

(7) One member recommended by the county commissioners	17865
association of Ohio, appointed by the governor;	17866

(8) One member recommended by the Ohio township association,	17867
appointed by the governor;	17868

(9) One member recommended by the Ohio chamber of commerce,	17869
appointed by the governor;	17870

(10) One member recommended by the Ohio school boards	17871
association, appointed by the governor;	17872

(11) One member, appointed by the governor, who is	17873
recommended by an Ohio-based advocacy group selected by the	17874
governor;	17875

(12) One member, appointed by the governor, who is	17876
recommended by an Ohio-based foundation selected by the governor;	17877

(13) One member with expertise in local government issues	17878
appointed by the chancellor of the board of regents.	17879

(C) Initial appointments to the council shall be made not	17880
later than September 30, 2011. Of the governor's initial	17881
appointees, three shall serve an initial term of one year, two	17882
shall serve an initial term of two years, and two shall serve an	17883
initial term of three years. Thereafter, each member appointed by	17884
the governor shall serve a four-year term, or a term ending when	17885
the council ceases to exist, whichever occurs first. The remaining	17886
members of the council shall be appointed for four-year terms, or	17887
terms ending when the council ceases to exist, whichever occurs	17888
first. Members may be reappointed to the council.	17889

Vacancies on the council shall be filled in the same manner	17890
as the original appointments.	17891

(D) At its first meeting, the council shall select a	17892
chairperson from among its members. After the first meeting, the	17893
council shall meet at the call of the chairperson or upon the	17894
request of a majority of the council's members. A majority of the	17895
council constitutes a quorum.	17896

(E) The department of development shall provide	17897
administrative assistance to the council.	17898

(F) Council members shall receive no compensation but shall	17899
be reimbursed for actual and necessary expenses incurred in the	17900
performance of council duties.	17901

Sec. 189.04. (A) The local government innovation council	17902
shall award loans to a qualified political subdivision or a	17903
qualified group of political subdivisions to be used for the	17904
purchase of equipment, facilities, or systems or for	17905
implementation costs.	17906

Loans made under division (A) of this section shall be repaid	17907
by recipients using savings achieved from the innovation project.	17908

(B) Up to twenty per cent of the funds in the local	17909
government innovation fund, established in section 189.05 of the	17910
Revised Code, may be awarded by the council as grants to political	17911
subdivisions for use in process improvement or implementation of	17912
innovation project awards.	17913

(C) The council shall award, in total grants and loans, not	17914
more than one hundred thousand dollars to an individual political	17915
subdivision and not more than five hundred thousand dollars per	17916
innovation project under this section.	17917

Sec. 189.05. Funds for awards made by the local government	17918
innovation council shall be made from the local government	17919
innovation fund, which is hereby created in the state treasury.	17920
The fund shall consist of moneys appropriated to it and any grants	17921
or donations received from nonpublic entities. Interest earned on	17922
the money in the fund shall be credited to the fund.	17923

Sec. 189.06. (A) All political subdivisions of the state are	17924
eligible to apply for awards under the local government innovation	17925
program. The local government innovation council shall award loans	17926
and grants under the program in accordance with a competitive	17927
process to be developed by the council.	17928

(B) Not later than December 31, 2011, the council shall	17929
establish criteria for evaluating proposals and making awards to	17930
political subdivisions. The criteria shall be developed in	17931
consultation with nonpublic entities involved in local government	17932
issues, state institutions of higher education, and the department	17933
of development, as determined by the council. The criteria shall	17934
include a requirement that at least one of the political	17935
subdivisions that is a party to the proposal provide matching	17936
funds. The matching funds may be provided by a nonpublic entity.	17937
The criteria for evaluating proposals may include the following	17938
provisions:	17939

(1) The expected return on investment, based on the ratio of	17940
expected savings;	17941

(2) The number of participating entities in the proposal;

17942

(3) The probability of the proposal's success;

17943

(4) The percentage of local matching funds available;

17944

(5) The ability to replicate the proposal in other political	17945
subdivisions;	17946

(6) Whether the proposal is part of a larger consolidation	17947
effort by the applicant or applicants;	17948

(7) Whether the proposal is to implement performance audit	17949
recommendations under section 117.462 of the Revised Code;	17950

(8) Whether the applicant has successfully completed an	17951
innovation project in the past.	17952

Sec. 189.07. A political subdivision seeking an award under	17953
the local government innovation program shall submit a proposal to	17954
the subdivision's district public works integrating committee. The	17955
committee shall submit the proposal to the department of	17956
development, with advisory comments. The department shall provide	17957
the proposal to the local government innovation council for	17958
evaluation and selection.	17959

Sec. 189.08. (A) Starting not later than March 1, 2012, the	17960
local government innovation council shall begin evaluating	17961
proposals received from the department of development for awards	17962
to political subdivisions. Not later than July 1, 2012, the	17963
council shall make its first round of awards to the political	17964
subdivisions.	17965

(B) After making the first round of awards, the council shall	17966
evaluate proposals and make awards on a quarterly basis, or on	17967
another schedule determined by the council, with the council	17968
determining the funding levels for each round of awards.	17969

(C) When making awards from the local government innovation	17970
fund created in section 189.05 of the Revised Code, the funds	17971
available for each round of awards shall be divided into the	17972
following tiers:	17973

(1) At least thirty per cent to political subdivisions that	17974
are not counties and have a population of less than 50,000	17975
residents as determined in the decennial census conducted in 2010	17976
or counties with a population of less than 130,000 residents as	17977
determined in the decennial census conducted in 2010;	17978

(2) At least thirty per cent to political subdivisions that	17979
are not counties and have a population of 50,000 residents or more	17980
as determined in the decennial census conducted in 2010 or	17981
counties with a population of 130,000 residents or more as	17982
determined in the decennial census conducted in 2010.	17983

If a proposal includes participants from both division (C)(1)	17984
and (2) of this section, the award may be drawn from either or	17985
both tiers in the local government innovation fund.	17986

Sec. 189.09. Not later than January 31, 2013, the local	17987
government innovation council shall submit a report to the	17988
governor, president and minority leader of the senate, and speaker	17989
and minority leader of the house of representatives outlining the	17990
council's activities for the preceding year, including a listing	17991
of recipients of grants and loans, if any, made to political	17992
subdivisions, the amount of such grants and loans, and any other	17993
information about the local government innovation program that the	17994
council determines necessary to include in the report.	17995

Sec. 189.10. The local government innovation council shall	17996
cease to exist on December 31, 2015.	17997

Sec. 301.02. Previous to the presentation of a petition to	17998
the general assembly praying that a new county be erected, or for	17999
the location or relocation of a county seat, notice of the	18000
intention to present such petition shall be given, at least thirty	18001
days before the ensuing session of the general assembly, by	18002
advertisement in a newspaper ~~published~~of general circulation in	18003
each county from which such new county is intended to be taken. If	18004
no ~~paper~~newspaper is ~~printed~~of general circulation within the	18005
county, notice shall be given by advertisement affixed to the door	18006
of the house where courts are held for such county, for such	18007
period of thirty days. The notice shall set forth the boundary	18008
lines of the new county, or the place where it is proposed to	18009
locate such county seat.	18010

Sec. 301.15. Within sixty days after their appointment, the	18011
commissioners provided for by section 301.14 of the Revised Code,	18012
or any two of them, shall assemble at some convenient place in the	18013
new county. Twenty days' notice of the time, place, and purpose of	18014
such meeting shall be given by publication in a newspaper	18015
~~published in and circulated~~of general circulation in ~~such~~the	18016
county, or by being posted in three of the most public places in	18017
such county. When assembled, after having taken the oath of office	18018
prescribed by sections 3.22 and 3.23 of the Revised Code, such	18019
commissioners shall proceed to examine and select the most proper	18020
place as a seat of justice, as near the center of the county as	18021
possible, having regard to the situation, extent of population,	18022
quality of land, and the convenience and interest of the	18023
inhabitants.	18024

Sec. 301.28. (A) As used in this section:

18025

(1) "Financial transaction device" includes a credit card,	18026
debit card, charge card, or prepaid or stored value card, or	18027
automated clearinghouse network credit, debit, or e-check entry	18028
that includes, but is not limited to, accounts receivable and	18029
internet-initiated, point of purchase, and telephone-initiated	18030
applications or any other device or method for making an	18031
electronic payment or transfer of funds.	18032

(2) "County expenses" includes fees, costs, taxes,	18033
assessments, fines, penalties, payments, or any other expense a	18034
person owes to a county office under the authority of a county	18035
official other than dog registration and kennel fees required to	18036
be paid under Chapter 955. of the Revised Code.	18037

(3) "County official" includes the county auditor, county	18038
treasurer, county engineer, county recorder, county prosecuting	18039
attorney, county sheriff, county coroner, county park district and	18040
board of county commissioners, the clerk of the probate court, the	18041
clerk of the juvenile court, the clerks of court for all divisions	18042
of the courts of common pleas, and the clerk of the court of	18043
common pleas, the clerk of a county-operated municipal court, and	18044
the clerk of a county court.	18045

The term "county expenses" includes county expenses owed to	18046
the board of health of the general health district or a combined	18047
health district in the county. If the board of county	18048
commissioners authorizes county expenses to be paid by financial	18049
transaction devices under this section, then the board of health	18050
and the general health district and the combined health district	18051
may accept payments by financial transaction devices under this	18052
section as if the board were a "county official" and the district	18053
were a county office. However, in the case of a general health	18054
district formed by unification of general health districts under	18055
section 3709.10 of the Revised Code, this entitlement applies only	18056
if all the boards of county commissioners of all counties in the	18057
district have authorized payments to be accepted by financial	18058
transaction devices.	18059

(B) Notwithstanding any other section of the Revised Code and	18060
except as provided in division (D) of this section, a board of	18061
county commissioners may adopt a resolution authorizing the	18062
acceptance of payments by financial transaction devices for county	18063
expenses. The resolution shall include the following:	18064

(1) A specification of those county officials who, and of the	18065
county offices under those county officials that, are authorized	18066
to accept payments by financial transaction devices;	18067

(2) A list of county expenses that may be paid for through	18068
the use of a financial transaction device;	18069

(3) Specific identification of financial transaction devices	18070
that the board authorizes as acceptable means of payment for	18071
county expenses. Uniform acceptance of financial transaction	18072
devices among different types of county expenses is not required.	18073

(4) The amount, if any, authorized as a surcharge or	18074
convenience fee under division (E) of this section for persons	18075
using a financial transaction device. Uniform application of	18076
surcharges or convenience fees among different types of county	18077
expenses is not required.	18078

(5) A specific provision as provided in division (G) of this	18079
section requiring the payment of a penalty if a payment made by	18080
means of a financial transaction device is returned or dishonored	18081
for any reason.	18082

The board's resolution shall also designate the county	18083
treasurer as an administrative agent to solicit proposals, within	18084
guidelines established by the board in the resolution and in	18085
compliance with the procedures provided in division (C) of this	18086
section, from financial institutions, issuers of financial	18087
transaction devices, and processors of financial transaction	18088
devices, to make recommendations about those proposals to the	18089
board, and to assist county offices in implementing the county's	18090
financial transaction devices program. The county treasurer may	18091
decline this responsibility within thirty days after receiving a	18092
copy of the board's resolution by notifying the board in writing	18093
within that period. If the treasurer so notifies the board, the	18094
board shall perform the duties of the administrative agent.	18095

If the county treasurer is the administrative agent and fails	18096
to administer the county financial transaction devices program in	18097
accordance with the guidelines in the board's resolution, the	18098
board shall notify the treasurer in writing of the board's	18099
findings, explain the failures, and give the treasurer six months	18100
to correct the failures. If the treasurer fails to make the	18101
appropriate corrections within that six-month period, the board	18102
may pass a resolution declaring the board to be the administrative	18103
agent. The board may later rescind that resolution at its	18104
discretion.	18105

(C) The county shall follow the procedures provided in this	18106
division whenever it plans to contract with financial	18107
institutions, issuers of financial transaction devices, or	18108
processors of financial transaction devices for the purposes of	18109
this section. The administrative agent shall request proposals	18110
from at least three financial institutions, issuers of financial	18111
transaction devices, or processors of financial transaction	18112
devices, as appropriate in accordance with the resolution adopted	18113
under division (B) of this section. Prior to sending any financial	18114
institution, issuer, or processor a copy of any such request, the	18115
county shall advertise its intent to request proposals in a	18116
newspaper of general circulation in the county once a week for two	18117
consecutive weeks or as provided in section 7.16 of the Revised	18118
Code. The notice shall state that the county intends to request	18119
proposals; specify the purpose of the request; indicate the date,	18120
which shall be at least ten days after the second publication, on	18121
which the request for proposals will be mailed to financial	18122
institutions, issuers, or processors; and require that any	18123
financial institution, issuer, or processor, whichever is	18124
appropriate, interested in receiving the request for proposals	18125
submit written notice of this interest to the county not later	18126
than noon of the day on which the request for proposals will be	18127
mailed.	18128

Upon receiving the proposals, the administrative agent shall	18129
review them and make a recommendation to the board of county	18130
commissioners on which proposals to accept. The board of county	18131
commissioners shall consider the agent's recommendation and review	18132
all proposals submitted, and then may choose to contract with any	18133
or all of the entities submitting proposals, as appropriate. The	18134
board shall provide any financial institution, issuer, or	18135
processor that submitted a proposal, but with which the board does	18136
not enter into a contract, notice that its proposal is rejected.	18137
The notice shall state the reasons for the rejection, indicate	18138
whose proposals were accepted, and provide a copy of the terms and	18139
conditions of the successful bids.	18140

(D) A board of county commissioners adopting a resolution	18141
under this section shall send a copy of the resolution to each	18142
county official in the county who is authorized by the resolution	18143
to accept payments by financial transaction devices. After	18144
receiving the resolution and before accepting payments by	18145
financial transaction devices, a county official shall provide	18146
written notification to the board of county commissioners of the	18147
official's intent to implement the resolution within the	18148
official's office. Each county office subject to the board's	18149
resolution adopted under division (B) of this section may use only	18150
the financial institutions, issuers of financial transaction	18151
devices, and processors of financial transaction devices with	18152
which the board of county commissioners contracts, and each such	18153
office is subject to the terms of those contracts.	18154

If a county office under the authority of a county official	18155
is directly responsible for collecting one or more county expenses	18156
and the county official determines not to accept payments by	18157
financial transaction devices for one or more of those expenses,	18158
the office shall not be required to accept payments by financial	18159
transaction devices, notwithstanding the adoption of a resolution	18160
by the board of county commissioners under this section.	18161

Any office of a clerk of the court of common pleas that	18162
accepts financial transaction devices on or before July 1, 1999,	18163
and any other county office that accepted such devices before	18164
January 1, 1998, may continue to accept such devices without being	18165
subject to any resolution passed by the board of county	18166
commissioners under division (B) of this section, or any other	18167
oversight by the board of the office's financial transaction	18168
devices program. Any such office may use surcharges or convenience	18169
fees in any manner the county official in charge of the office	18170
determines to be appropriate, and, if the county treasurer	18171
consents, may appoint the county treasurer to be the office's	18172
administrative agent for purposes of accepting financial	18173
transaction devices. In order not to be subject to the resolution	18174
of the board of county commissioners adopted under division (B) of	18175
this section, a county office shall notify the board in writing	18176
within thirty days after March 30, 1999, that it accepted	18177
financial transaction devices prior to January 1, 1998, or, in the	18178
case of the office of a clerk of the court of common pleas, the	18179
clerk has accepted or will accept such devices on or before July	18180
1, 1999. Each such notification shall explain how processing costs	18181
associated with financial transaction devices are being paid and	18182
shall indicate whether surcharge or convenience fees are being	18183
passed on to consumers.	18184

(E) A board of county commissioners may establish a surcharge	18185
or convenience fee that may be imposed upon a person making	18186
payment by a financial transaction device. The surcharge or	18187
convenience fee shall not be imposed unless authorized or	18188
otherwise permitted by the rules prescribed by an agreement	18189
governing the use and acceptance of the financial transaction	18190
device.	18191

If a surcharge or convenience fee is imposed, every county	18192
office accepting payment by a financial transaction device,	18193
regardless of whether that office is subject to a resolution	18194
adopted by a board of county commissioners, shall clearly post a	18195
notice in that office and shall notify each person making a	18196
payment by such a device about the surcharge or fee. Notice to	18197
each person making a payment shall be provided regardless of the	18198
medium used to make the payment and in a manner appropriate to	18199
that medium. Each notice shall include all of the following:	18200

(1) A statement that there is a surcharge or convenience fee	18201
for using a financial transaction device;	18202

(2) The total amount of the charge or fee expressed in	18203
dollars and cents for each transaction, or the rate of the charge	18204
or fee expressed as a percentage of the total amount of the	18205
transaction, whichever is applicable;	18206

(3) A clear statement that the surcharge or convenience fee	18207
is nonrefundable.	18208

(F) If a person elects to make a payment to the county by a	18209
financial transaction device and a surcharge or convenience fee is	18210
imposed, the payment of the surcharge or fee shall be considered	18211
voluntary and the surcharge or fee is not refundable.	18212

(G) If a person makes payment by financial transaction device	18213
and the payment is returned or dishonored for any reason, the	18214
person is liable to the county for payment of a penalty over and	18215
above the amount of the expense due. The board of county	18216
commissioners shall determine the amount of the penalty, which may	18217
be either a fee not to exceed twenty dollars or payment of the	18218
amount necessary to reimburse the county for banking charges,	18219
legal fees, or other expenses incurred by the county in collecting	18220
the returned or dishonored payment. The remedies and procedures	18221
provided in this section are in addition to any other available	18222
civil or criminal remedies provided by law.	18223

(H) No person making any payment by financial transaction	18224
device to a county office shall be relieved from liability for the	18225
underlying obligation except to the extent that the county	18226
realizes final payment of the underlying obligation in cash or its	18227
equivalent. If final payment is not made by the financial	18228
transaction device issuer or other guarantor of payment in the	18229
transaction, the underlying obligation shall survive and the	18230
county shall retain all remedies for enforcement that would have	18231
applied if the transaction had not occurred.	18232

(I) A county official or employee who accepts a financial	18233
transaction device payment in accordance with this section and any	18234
applicable state or local policies or rules is immune from	18235
personal liability for the final collection of such payments.	18236

Sec. 305.171. The following applies until the department of	18237
administrative services implements for counties the health care	18238
plans under section 9.901 of the Revised Code. If those plans do	18239
not include or address any benefits listed in division (A) of this	18240
section, the following provisions continue in effect for those	18241
benefits.	18242

(A) The board of county commissioners of any county may	18243
contract for, purchase, or otherwise procure and pay all or any	18244
part of the cost of group insurance policies that may provide	18245
benefits including, but not limited to, hospitalization, surgical	18246
care, major medical care, disability, dental care, eye care,	18247
medical care, hearing aids, or prescription drugs, and that may	18248
provide sickness and accident insurance, group legal services, or	18249
group life insurance, or a combination of any of the foregoing	18250
types of insurance or coverage, for county officers and employees	18251
and their immediate dependents from the funds or budgets from	18252
which the county officers or employees are compensated for	18253
services, issued by an insurance company.	18254

(B) The board of county commissioners also may negotiate and	18255
contract for any plan or plans of health care services with health	18256
insuring corporations holding a certificate of authority under	18257
Chapter 1751. of the Revised Code, provided that each county	18258
officer or employee shall be permitted to do both of the	18259
following:	18260

(1) Exercise an option between a plan offered by an insurance	18261
company and a plan or plans offered by health insuring	18262
corporations under this division, on the condition that the county	18263
officer or employee shall pay any amount by which the cost of the	18264
plan chosen by the county officer or employee pursuant to this	18265
division exceeds the cost of the plan offered under division (A)	18266
of this section;	18267

(2) Change from one of the plans to another at a time each	18268
year as determined by the board.	18269

(C) Section 307.86 of the Revised Code does not apply to the	18270
purchase of benefits for county officers or employees under	18271
divisions (A) and (B) of this section when those benefits are	18272
provided through a jointly administered health and welfare trust	18273
fund in which the county or contracting authority and a collective	18274
bargaining representative of the county employees or contracting	18275
authority agree to participate.	18276

(D) The board of trustees of a jointly administered trust	18277
fund that receives contributions pursuant to collective bargaining	18278
agreements entered into between the board of county commissioners	18279
of any county and a collective bargaining representative of the	18280
employees of the county may provide for self-insurance of all risk	18281
in the provision of fringe benefits, and may provide through the	18282
self-insurance method specific fringe benefits as authorized by	18283
the rules of the board of trustees of the jointly administered	18284
trust fund. The fringe benefits may include, but are not limited	18285
to, hospitalization, surgical care, major medical care,	18286
disability, dental care, vision care, medical care, hearing aids,	18287
prescription drugs, group life insurance, sickness and accident	18288
insurance, group legal services, or a combination of any of the	18289
foregoing types of insurance or coverage, for county employees and	18290
their dependents.	18291

(E) The board of county commissioners may provide the	18292
benefits described in divisions (A) to (D) of this section through	18293
an individual self-insurance program or a joint self-insurance	18294
program as provided in section 9.833 of the Revised Code.	18295

(F) When a board of county commissioners offers health	18296
benefits authorized under this section to a county officer or	18297
employee, the board may offer the benefits through a cafeteria	18298
plan meeting the requirements of section 125 of the "Internal	18299
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 125, as	18300
amended, and, as part of that plan, may offer the county officer	18301
or employee the option of receiving a cash payment in any form	18302
permissible under such cafeteria plans. A cash payment made to a	18303
county officer or employee under this division shall not exceed	18304
twenty-five per cent of the cost of premiums or payments that	18305
otherwise would be paid by the board for benefits for the county	18306
officer or employee under a policy or plan.	18307

(G) The board of county commissioners may establish a policy	18308
authorizing any county appointing authority to make a cash payment	18309
to any county officer or employee in lieu of providing a benefit	18310
authorized under this section if the county officer or employee	18311
elects to take the cash payment instead of the offered benefit. A	18312
cash payment made to a county officer or employee under this	18313
division shall not exceed twenty-five per cent of the cost of	18314
premiums or payments that otherwise would be paid by the board for	18315
benefits for the county officer or employee under an offered	18316
policy or plan.	18317

(H) No cash payment in lieu of a health benefit shall be made	18318
to a county officer or employee under division (F) or (G) of this	18319
section unless the county officer or employee signs a statement	18320
affirming that the county officer or employee is covered under	18321
another health insurance or health care policy, contract, or plan,	18322
and setting forth the name of the employer, if any, that sponsors	18323
the coverage, the name of the carrier that provides the coverage,	18324
and the identifying number of the policy, contract, or plan.	18325

(I) The legislative authority of a county-operated municipal	18326
court, after consultation with the judges, or the clerk and deputy	18327
clerks, of the municipal court, shall negotiate and contract for,	18328
purchase, or otherwise procure, and pay the costs, premiums, or	18329
charges for, group health care coverage for the judges, and group	18330
health care coverage for the clerk and deputy clerks, in	18331
accordance with section 1901.111 or 1901.312 of the Revised Code.	18332

(J) As used in this section:

18333

(1) "County officer or employee" includes, but is not limited	18334
to, a member or employee of the county board of elections.	18335

(2) "County-operated municipal court" and "legislative	18336
authority" have the same meanings as in section 1901.03 of the	18337
Revised Code.	18338

(3) "Health care coverage" has the same meaning as in section	18339
1901.111 of the Revised Code.	18340

Sec. 305.23. (A) As used in this section:

18341

(1) "County office" means the offices of the county	18342
commissioner, county auditor, county treasurer, county engineer,	18343
county recorder, county prosecuting attorney, county sheriff,	18344
county coroner, county park district, veterans service commission,	18345
clerk of the juvenile court, clerks of court for all divisions of	18346
the courts of common pleas, including the clerk of the court of	18347
common pleas, clerk of a county-operated municipal court, and	18348
clerk of a county court, and any agency, department, or division	18349
under the authority of, or receiving funding in whole or in part	18350
from, any of those county offices.	18351

(2) "Human resources" means any and all functions relating to	18352
human resource management, including civil service, employee	18353
benefits administration, collective bargaining, labor relations,	18354
risk management, workers' compensation, unemployment compensation,	18355
and any human resource management function required by state or	18356
federal law, but "human resources" does not authorize a board of	18357
county commissioners to adopt a resolution establishing a	18358
centralized human resource service that requires any county office	18359
to conform to any classification and compensation plan, position	18360
descriptions, or organizational structure; to determine the rate	18361
of compensation of any employee appointed by the appointing	18362
authority of a county office or the salary ranges for positions of	18363
a county office within the aggregate limits set in the	18364
appropriation resolution of the board of county commissioners; to	18365
determine the number of or the terms of employment of any employee	18366
appointed by the appointing authority of a county office within	18367
the aggregate limits set in the board's appropriation resolution;	18368
or to exercise powers relating to the hiring, qualifications,	18369
evaluation, suspension, demotion, disciplinary action, layoff,	18370
furloughing, establishment of a modified work-week schedule, or	18371
the termination of any employee appointed by the appointing	18372
authority of any county office.	18373

(B) Subject to division (C) of this section, a board of	18374
county commissioners may adopt a resolution establishing	18375
centralized purchasing, printing, transportation, vehicle	18376
maintenance, human resources, revenue collection, and mail	18377
operation services for a county office. Before adopting a	18378
resolution under this section, the board of county commissioners,	18379
in a written notice, shall inform any other county office that	18380
will be impacted by the resolution of the board's desire to	18381
establish a centralized service or services. The written notice	18382
shall include a statement that provides the rationale and the	18383
estimated savings anticipated for centralizing a service or	18384
services. In addition, the board may request any other county	18385
office to serve as the agent and responsible party for	18386
administering a centralized service or services. That county	18387
office may enter into an agreement with the board of county	18388
commissioners to administer the centralized service or services	18389
under such terms and conditions as are included in the agreement,	18390
but nothing in this section authorizes the board of county	18391
commissioners to require a county office to serve as the agent and	18392
responsible party for administering a centralized service or	18393
services at the board's request.	18394

A resolution establishing a centralized service or services	18395
shall specify all of the following:	18396

(1) The name of the county office that will be the agent and	18397
responsible party for administering a centralized service or	18398
services, and if the agent and responsible party is not the board	18399
of county commissioners, the designation of the county office that	18400
has entered into an agreement under division (B) of this section	18401
with the board to be the agent and responsible party;	18402

(2) Which county offices are required to use the centralized	18403
services;	18404

(3) If not all of the centralized services, which centralized	18405
service each county office must use;	18406

(4) A list of rates and charges the county office shall pay	18407
for the centralized services;	18408

(5) The date upon which each county office specified in the	18409
resolution shall begin using the centralized services.	18410

Not later than ten days after a resolution is adopted under	18411
this section, the clerk of the board of county commissioners shall	18412
send a copy of the resolution to each county office that is	18413
specified in the resolution.	18414

(C) A board of county commissioners shall not adopt a	18415
resolution that establishes a centralized service or services	18416
regarding any of the following:	18417

(1) Purchases made for contract services with moneys from the	18418
special fund designated as "general fund moneys to supplement the	18419
equipment needs of the county recorder" under section 317.321 of	18420
the Revised Code, from the real estate assessment fund established	18421
under section 325.31 of the Revised Code, or from the funds that	18422
are paid out of the general fund of the county under sections	18423
325.071 and 325.12 of the Revised Code;	18424

(2) Purchases of financial software used by the county	18425
auditor;	18426

(3) The printing of county property tax bills;

18427

(4) The collection of any taxes, assessments, and fees the	18428
county treasurer is required by law to collect;	18429

(5) Purchases of software used by the county recorder.

18430

(D) Nothing in this section authorizes the board of county	18431
commissioners to have control or authority over funds that are	18432
received directly by a county office under another section of the	18433
Revised Code, or to control, or have authority regarding, the	18434
expenditure or use of such funds.	18435

Sec. 306.322. (A) For any regional transit authority that	18436
levies a property tax and that includes in its membership	18437
political subdivisions that are located in a county having a	18438
population of at least four hundred thousand according to the most	18439
recent federal census, the procedures of this section apply until	18440
November 5, 2013, and are in addition to and an alternative to	18441
those established in sections 306.32 and 306.321 for joining to	18442
the regional transit authority additional counties, municipal	18443
corporations, or townships.	18444

(B) Any municipal corporation or township may adopt a	18445
resolution or ordinance proposing to join a regional transit	18446
authority described in division (A) of this section. In its	18447
resolution or ordinance, the political subdivision may propose	18448
joining the regional transit authority for a limited period of	18449
three years or without a time limit.	18450

(C) The political subdivision proposing to join the regional	18451
transit authority shall submit a copy of its resolution or	18452
ordinance to the legislative authority of each municipal	18453
corporation and the board of trustees of each township comprising	18454
the regional transit authority. Within thirty days of receiving	18455
the resolution or ordinance for inclusion in the regional transit	18456
authority, the legislative authority of each municipal corporation	18457
and the board of trustees of each township shall consider the	18458
question of whether to include the additional subdivision in the	18459
regional transit authority, shall adopt a resolution or ordinance	18460
approving or rejecting the inclusion of the additional	18461
subdivision, and shall present its resolution or ordinance to the	18462
board of trustees of the regional transit authority.	18463

(D) If a majority of the political subdivisions comprising	18464
the regional transit authority approve the inclusion of the	18465
additional political subdivision, the board of trustees of the	18466
regional transit authority, not later than the tenth day following	18467
the day on which the last ordinance or resolution is presented,	18468
shall notify the subdivision proposing to join the regional	18469
transit authority that it may certify the proposal to the board of	18470
elections for the purpose of having the proposal placed on the	18471
ballot at the next general election or at a special election	18472
conducted on the day of the next primary election that occurs not	18473
less than ninety days after the resolution or ordinance is	18474
certified to the board of elections.	18475

(E) Upon certification of a proposal to the board of	18476
elections pursuant to this section, the board of elections shall	18477
make the necessary arrangements for the submission of the question	18478
to the electors of the territory to be included in the regional	18479
transit authority qualified to vote on the question, and the	18480
election shall be held, canvassed, and certified in the same	18481
manner as regular elections for the election of officers of the	18482
subdivision proposing to join the regional transit authority,	18483
except that, if the resolution proposed the inclusion without a	18484
time limitation the question appearing on the ballot shall read:	18485

"Shall the territory within the .........................	18486
(Name or names of political subdivisions to be joined) be added to	18487
......................... ......... (Name) regional transit	18488
authority?" and shall a(n) .......... (here insert type of tax or	18489
taxes) at a rate of taxation not to exceed ..... (here insert	18490
maximum tax rate or rates) be levied for all transit purposes?"	18491

If the resolution proposed the inclusion with a three-year	18492
time limitation, the question appearing on the ballot shall read:	18493

"Shall the territory within the .........................	18494
(Name or names of political subdivisions to be joined) be added to	18495
......................... ......... (Name) regional transit	18496
authority?" for three years and shall a(n) .......... (here insert	18497
type of tax or taxes) at a rate of taxation not to exceed .....	18498
(here insert maximum tax rate or rates) be levied for all transit	18499
purposes for three years?"	18500

(F) If the question is approved by at least a majority of the	18501
electors voting on the question, the addition of the new territory	18502
is effective six months from the date of the certification of its	18503
passage, and the regional transit authority may extend the levy of	18504
the tax against all the taxable property within the territory that	18505
was added. If the question is approved at a general election or at	18506
a special election occurring prior to the general election but	18507
after the fifteenth day of July, the regional transit authority	18508
may amend its budget and resolution adopted pursuant to section	18509
5705.34 of the Revised Code, and the levy shall be placed on the	18510
current tax list and duplicate and collected as other taxes are	18511
collected from all taxable property within the territorial	18512
boundaries of the regional transit authority, including the	18513
territory within the political subdivision added as a result of	18514
the election. If the budget of the regional transit authority is	18515
amended pursuant to this paragraph, the county auditor shall	18516
prepare and deliver an amended certificate of estimated resources	18517
to reflect the change in anticipated revenues of the regional	18518
transit authority.	18519

(G) If the question is approved by at least a majority of the	18520
electors voting on the question, the board of trustees of the	18521
regional transit authority immediately shall amend the resolution	18522
or ordinance creating the regional transit authority to include	18523
the additional political subdivision.	18524

(H) If the question approved by a majority of the electors	18525
voting on the question added the subdivision for three years, the	18526
territory of the additional municipal corporation or township in	18527
the regional transit authority shall be removed from the territory	18528
of the regional transit authority three years after the date the	18529
territory was added, as determined in the effective date of the	18530
election, and shall no longer be a part of that authority without	18531
any further action by either the political subdivisions that were	18532
included in the authority prior to submitting the question to the	18533
electors or of the political subdivision added to the authority as	18534
a result of the election. The regional transit authority reduced	18535
to its territory as it existed prior to the inclusion of the	18536
additional municipal corporation or township shall be entitled to	18537
levy and collect any property taxes that it was authorized to levy	18538
and collect prior to the enlargement of its territory and for	18539
which authorization has not expired, as if the enlargement had not	18540
occurred.	18541

Sec. 306.35. Upon the creation of a regional transit	18542
authority as provided by section 306.32 of the Revised Code, and	18543
upon the qualifying of its board of trustees and the election of a	18544
president and a vice-president, the authority shall exercise in	18545
its own name all the rights, powers, and duties vested in and	18546
conferred upon it by sections 306.30 to 306.53 of the Revised	18547
Code. Subject to any reservations, limitations, and qualifications	18548
that are set forth in those sections, the regional transit	18549
authority:	18550

(A) May sue or be sued in its corporate name;

18551

(B) May make contracts in the exercise of the rights, powers,	18552
and duties conferred upon it;	18553

(C) May adopt and at will alter a seal and use such seal by	18554
causing it to be impressed, affixed, reproduced, or otherwise	18555
used, but failure to affix the seal shall not affect the validity	18556
of any instrument;	18557

(D)(1) May adopt, amend, and repeal bylaws for the	18558
administration of its affairs and rules for the control of the	18559
administration and operation of transit facilities under its	18560
jurisdiction, and for the exercise of all of its rights of	18561
ownership in those transit facilities;	18562

(2) The regional transit authority also may adopt bylaws and	18563
rules for the following purposes:	18564

(a) To prohibit selling, giving away, or using any beer or	18565
intoxicating liquor on transit vehicles or transit property;	18566

(b) For the preservation of good order within or on transit	18567
vehicles or transit property;	18568

(c) To provide for the protection and preservation of all	18569
property and life within or on transit vehicles or transit	18570
property;	18571

(d) To regulate and enforce the collection of fares.

18572

(3) Before a bylaw or rule adopted under division (D)(2) of	18573
this section takes effect, the regional transit authority shall	18574
provide for a notice of its adoption to be published once a week	18575
for two consecutive weeks in a newspaper of general circulation	18576
within the territorial boundaries of the regional transit	18577
authority, or as provided in section 7.16 of the Revised Code.	18578

(4) No person shall violate any bylaw or rule of a regional	18579
transit authority adopted under division (D)(2) of this section.	18580

(E) May fix, alter, and collect fares, rates, and rentals and	18581
other charges for the use of transit facilities under its	18582
jurisdiction to be determined exclusively by it for the purpose of	18583
providing for the payment of the expenses of the regional transit	18584
authority, the acquisition, construction, improvement, extension,	18585
repair, maintenance, and operation of transit facilities under its	18586
jurisdiction, the payment of principal and interest on its	18587
obligations, and to fulfill the terms of any agreements made with	18588
purchasers or holders of any such obligations, or with any person	18589
or political subdivision;	18590

(F) Shall have jurisdiction, control, possession, and	18591
supervision of all property, rights, easements, licenses, moneys,	18592
contracts, accounts, liens, books, records, maps, or other	18593
property rights and interests conveyed, delivered, transferred, or	18594
assigned to it;	18595

(G) ~~May~~(1) Except as provided in division (G)(2) of this	18596
section, may acquire, construct, improve, extend, repair, lease,	18597
operate, maintain, or manage transit facilities within or without	18598
its territorial boundaries, considered necessary to accomplish the	18599
purposes of its organization and make charges for the use of	18600
transit facilities;.	18601

(2) Beginning on July 1, 2011, a regional transit authority	18602
shall not extend its service or facilities into a political	18603
subdivision outside the territorial boundaries of the authority	18604
without giving prior notice to the legislative authority of the	18605
political subdivision. The legislative authority shall have thirty	18606
days after receiving the notice to comment on the proposal.	18607

(H) May levy and collect taxes as provided in sections 306.40	18608
and 306.49 of the Revised Code;	18609

(I) May issue bonds secured by its general credit as provided	18610
in section 306.40 of the Revised Code;	18611

(J) May hold, encumber, control, acquire by donation, by	18612
purchase for cash or by installment payments, by lease-purchase	18613
agreement, by lease with option to purchase, or by condemnation,	18614
and may construct, own, lease as lessee or lessor, use, and sell,	18615
real and personal property, or any interest or right in real and	18616
personal property, within or without its territorial boundaries,	18617
for the location or protection of transit facilities and	18618
improvements and access to transit facilities and improvements,	18619
the relocation of buildings, structures, and improvements situated	18620
on lands acquired by the regional transit authority, or for any	18621
other necessary purpose, or for obtaining or storing materials to	18622
be used in constructing, maintaining, and improving transit	18623
facilities under its jurisdiction;	18624

(K) May exercise the power of eminent domain to acquire	18625
property or any interest in property, within or without its	18626
territorial boundaries, that is necessary or proper for the	18627
construction or efficient operation of any transit facility or	18628
access to any transit facility under its jurisdiction in	18629
accordance with section 306.36 of the Revised Code;	18630

(L) May provide by agreement with any county, including the	18631
counties within its territorial boundaries, or any municipal	18632
corporation or any combination of counties or municipal	18633
corporations for the making of necessary surveys, appraisals, and	18634
examinations preliminary to the acquisition or construction of any	18635
transit facility and the amount of the expense for the surveys,	18636
appraisals, and examinations to be paid by each such county or	18637
municipal corporation;	18638

(M) May provide by agreement with any county, including the	18639
counties within its territorial boundaries, or any municipal	18640
corporation or any combination of those counties or municipal	18641
corporations for the acquisition, construction, improvement,	18642
extension, maintenance, or operation of any transit facility owned	18643
or to be owned and operated by it or owned or to be owned and	18644
operated by any such county or municipal corporation and the terms	18645
on which it shall be acquired, leased, constructed, maintained, or	18646
operated, and the amount of the cost and expense of the	18647
acquisition, lease, construction, maintenance, or operation to be	18648
paid by each such county or municipal corporation;	18649

(N) May issue revenue bonds for the purpose of acquiring,	18650
replacing, improving, extending, enlarging, or constructing any	18651
facility or permanent improvement that it is authorized to	18652
acquire, replace, improve, extend, enlarge, or construct,	18653
including all costs in connection with and incidental to the	18654
acquisition, replacement, improvement, extension, enlargement, or	18655
construction, and their financing, as provided by section 306.37	18656
of the Revised Code;	18657

(O) May enter into and supervise franchise agreements for the	18658
operation of a transit system;	18659

(P) May accept the assignment of and supervise an existing	18660
franchise agreement for the operation of a transit system;	18661

(Q) May exercise a right to purchase a transit system in	18662
accordance with the acquisition terms of an existing franchise	18663
agreement; and in connection with the purchase the regional	18664
transit authority may issue revenue bonds as provided by section	18665
306.37 of the Revised Code or issue bonds secured by its general	18666
credit as provided in section 306.40 of the Revised Code;	18667

(R) May apply for and accept grants or loans from the United	18668
States, the state, or any other public body for the purpose of	18669
providing for the development or improvement of transit	18670
facilities, mass transportation facilities, equipment, techniques,	18671
methods, or services, and grants or loans needed to exercise a	18672
right to purchase a transit system pursuant to agreement with the	18673
owner of those transit facilities, or for providing lawful	18674
financial assistance to existing transit systems; and may provide	18675
any consideration that may be required in order to obtain those	18676
grants or loans from the United States, the state, or other public	18677
body, either of which grants or loans may be evidenced by the	18678
issuance of revenue bonds as provided by section 306.37 of the	18679
Revised Code or general obligation bonds as provided by section	18680
306.40 of the Revised Code;	18681

(S) May employ and fix the compensation of consulting	18682
engineers, superintendents, managers, and such other engineering,	18683
construction, accounting and financial experts, attorneys, and	18684
other employees and agents necessary for the accomplishment of its	18685
purposes;	18686

(T) May procure insurance against loss to it by reason of	18687
damages to its properties resulting from fire, theft, accident, or	18688
other casualties or by reason of its liability for any damages to	18689
persons or property occurring in the construction or operation of	18690
transit facilities under its jurisdiction or the conduct of its	18691
activities;	18692

(U) May maintain funds that it considers necessary for the	18693
efficient performance of its duties;	18694

(V) May direct its agents or employees, when properly	18695
identified in writing, after at least five days' written notice,	18696
to enter upon lands within or without its territorial boundaries	18697
in order to make surveys and examinations preliminary to the	18698
location and construction of transit facilities, without liability	18699
to it or its agents or employees except for actual damage done;	18700

(W) On its own motion, may request the appropriate zoning	18701
board, as defined in section 4563.03 of the Revised Code, to	18702
establish and enforce zoning regulations pertaining to any transit	18703
facility under its jurisdiction in the manner prescribed by	18704
sections 4563.01 to 4563.21 of the Revised Code;	18705

(X) If it acquires any existing transit system, shall assume	18706
all the employer's obligations under any existing labor contract	18707
between the employees and management of the system. If the board	18708
acquires, constructs, controls, or operates any such facilities,	18709
it shall negotiate arrangements to protect the interests of	18710
employees affected by the acquisition, construction, control, or	18711
operation. The arrangements shall include, but are not limited to:	18712

(1) The preservation of rights, privileges, and benefits	18713
under existing collective bargaining agreements or otherwise, the	18714
preservation of rights and benefits under any existing pension	18715
plans covering prior service, and continued participation in	18716
social security in addition to participation in the public	18717
employees retirement system as required in Chapter 145. of the	18718
Revised Code;	18719

(2) The continuation of collective bargaining rights;

18720

(3) The protection of individual employees against a	18721
worsening of their positions with respect to their employment;	18722

(4) Assurances of employment to employees of those transit	18723
systems and priority reemployment of employees terminated or laid	18724
off;	18725

(5) Paid training or retraining programs;

18726

(6) Signed written labor agreements.

18727

The arrangements may include provisions for the submission of	18728
labor disputes to final and binding arbitration.	18729

(Y) May provide for and maintain security operations,	18730
including a transit police department, subject to section 306.352	18731
of the Revised Code. Regional transit authority police officers	18732
shall have the power and duty to act as peace officers within	18733
transit facilities owned, operated, or leased by the transit	18734
authority to protect the transit authority's property and the	18735
person and property of passengers, to preserve the peace, and to	18736
enforce all laws of the state and ordinances and regulations of	18737
political subdivisions in which the transit authority operates.	18738
Regional transit authority police officers also shall have the	18739
power and duty to act as peace officers when they render emergency	18740
assistance outside their jurisdiction to any other peace officer	18741
who is not a regional transit authority police officer and who has	18742
arrest authority under section 2935.03 of the Revised Code.	18743
Regional transit authority police officers may render emergency	18744
assistance if there is a threat of imminent physical danger to the	18745
peace officer, a threat of physical harm to another person, or any	18746
other serious emergency situation and if either the peace officer	18747
who is assisted requests emergency assistance or it appears that	18748
the peace officer who is assisted is unable to request emergency	18749
assistance and the circumstances observed by the regional transit	18750
authority police officer reasonably indicate that emergency	18751
assistance is appropriate.	18752

Before exercising powers of arrest and the other powers and	18753
duties of a peace officer, each regional transit authority police	18754
officer shall take an oath and give bond to the state in a sum	18755
that the board of trustees prescribes for the proper performance	18756
of the officer's duties.	18757

Persons employed as regional transit authority police	18758
officers shall complete training for the position to which they	18759
have been appointed as required by the Ohio peace officer training	18760
commission as authorized in section 109.77 of the Revised Code, or	18761
be otherwise qualified. The cost of the training shall be provided	18762
by the regional transit authority.	18763

(Z) May procure a policy or policies insuring members of its	18764
board of trustees against liability on account of damages or	18765
injury to persons and property resulting from any act or omission	18766
of a member in the member's official capacity as a member of the	18767
board or resulting solely out of the member's membership on the	18768
board;	18769

(AA) May enter into any agreement for the sale and leaseback	18770
or lease and leaseback of transit facilities, which agreement may	18771
contain all necessary covenants for the security and protection of	18772
any lessor or the regional transit authority including, but not	18773
limited to, indemnification of the lessor against the loss of	18774
anticipated tax benefits arising from acts, omissions, or	18775
misrepresentations of the regional transit authority. In	18776
connection with that transaction, the regional transit authority	18777
may contract for insurance and letters of credit and pay any	18778
premiums or other charges for the insurance and letters of credit.	18779
The fiscal officer shall not be required to furnish any	18780
certificate under section 5705.41 of the Revised Code in	18781
connection with the execution of any such agreement.	18782

(BB) In regard to any contract entered into on or after March	18783
19, 1993, for the rendering of services or the supplying of	18784
materials or for the construction, demolition, alteration, repair,	18785
or reconstruction of transit facilities in which a bond is	18786
required for the faithful performance of the contract, may permit	18787
the person awarded the contract to utilize a letter of credit	18788
issued by a bank or other financial institution in lieu of the	18789
bond;	18790

(CC) May enter into agreements with municipal corporations	18791
located within the territorial jurisdiction of the regional	18792
transit authority permitting regional transit authority police	18793
officers employed under division (Y) of this section to exercise	18794
full arrest powers, as provided in section 2935.03 of the Revised	18795
Code, for the purpose of preserving the peace and enforcing all	18796
laws of the state and ordinances and regulations of the municipal	18797
corporation within the areas that may be agreed to by the regional	18798
transit authority and the municipal corporation.	18799

Sec. 306.43. (A) The board of trustees of a regional transit	18800
authority or any officer or employee designated by such board may	18801
make any contract for the purchase of goods or services, the cost	18802
of which does not exceed one hundred thousand dollars. When an	18803
expenditure, other than for the acquisition of real estate, the	18804
discharge of claims, or the acquisition of goods or services under	18805
the circumstances described in division (H) of this section, is	18806
expected to exceed one hundred thousand dollars, such expenditure	18807
shall be made through full and open competition by the use of	18808
competitive procedures. The regional transit authority shall use	18809
the competitive procedure, as set forth in divisions (B), (C),	18810
(D), and (E) of this section, that is most appropriate under the	18811
circumstances of the procurement.	18812

(B) Competitive sealed bidding is the preferred method of	18813
procurement and a regional transit authority shall use that method	18814
if all of the following conditions exist:	18815

(1) A clear, complete and adequate description of the goods,	18816
services, or work is available;	18817

(2) Time permits the solicitation, submission, and evaluation	18818
of sealed bids;	18819

(3) The award will be made on the basis of price and other	18820
price-related factors;	18821

(4) It is not necessary to conduct discussions with	18822
responding offerors about their bids;	18823

(5) There is a reasonable expectation of receiving more than	18824
one sealed bid.	18825

A regional transit authority shall publish a notice calling	18826
for bids once a week for no less than two consecutive weeks in at	18827
~~least one~~a newspaper of general circulation within the	18828
territorial boundaries of the regional transit authority, or as	18829
provided in section 7.16 of the Revised Code. A regional transit	18830
authority may require that a bidder for any contract other than a	18831
construction contract provide a bid guaranty in the form, quality,	18832
and amount considered appropriate by the regional transit	18833
authority. The board may let the contract to the lowest responsive	18834
and responsible bidder. Where fewer than two responsive bids are	18835
received, a regional transit authority may negotiate price with	18836
the sole responsive bidder or may rescind the solicitation and	18837
procure under division (H)(2) of this section.	18838

(C) A regional transit authority may use two-step competitive	18839
bidding, consisting of a technical proposal and a separate,	18840
subsequent sealed price bid from those submitting acceptable	18841
technical proposals, if both of the following conditions exist:	18842

(1) A clear, complete, and adequate description of the goods,	18843
services, or work is not available, but definite criteria exist	18844
for the evaluation of technical proposals;	18845

(2) It is necessary to conduct discussions with responding	18846
offerors.	18847

A regional transit authority shall publish a notice calling	18848
for technical proposals once a week for no less than two	18849
consecutive weeks in ~~at least one~~a newspaper of general	18850
circulation within the territorial boundaries of the regional	18851
transit authority, or as provided in section 7.16 of the Revised	18852
Code. A regional transit authority may require a bid guaranty in	18853
the form, quality, and amount the regional transit authority	18854
considers appropriate. The board may let the contract to the	18855
lowest responsive and responsible bidder. Where fewer than two	18856
responsive and responsible bids are received, a regional transit	18857
authority may negotiate price with the sole responsive and	18858
responsible bidder or may rescind the solicitation and procure	18859
under division (H)(2) of this section.	18860

(D) A regional transit authority shall make a procurement by	18861
competitive proposals if competitive sealed bidding or two-step	18862
competitive bidding is not appropriate.	18863

A regional transit authority shall publish a notice calling	18864
for proposals once a week for no less than two consecutive weeks	18865
in ~~at least one~~a newspaper of general circulation within the	18866
territorial boundaries of the regional transit authority, or as	18867
provided in section 7.16 of the Revised Code. A regional transit	18868
authority may require a proposal guaranty in the form, quality,	18869
and amount considered appropriate by the regional transit	18870
authority. The board may let the contract to the proposer making	18871
the offer considered most advantageous to the authority. Where	18872
fewer than two competent proposals are received, a regional	18873
transit authority may negotiate price and terms with the sole	18874
proposer or may rescind the solicitation and procure under	18875
division (H)(2) of this section.	18876

(E)(1) A regional transit authority shall procure the	18877
services of an architect or engineer in the manner prescribed by	18878
the "Federal Mass Transportation Act of 1987," Public Law No.	18879
100-17, section 316, 101 Stat. 227, 232-234, 49 U.S.C.A. app. 1608	18880
and the services of a construction manager in the manner	18881
prescribed by sections 9.33 to 9.332 of the Revised Code.	18882

(2) A regional transit authority may procure revenue rolling	18883
stock in the manner prescribed by division (B), (C), or (D) of	18884
this section.	18885

(3) All contracts for construction in excess of one hundred	18886
thousand dollars shall be made only after the regional transit	18887
authority has published a notice calling for bids once a week for	18888
two consecutive weeks in ~~at least one~~a newspaper of general	18889
circulation within the territorial boundaries of the regional	18890
transit authority, or as provided in section 7.16 of the Revised	18891
Code. The board may award a contract to the lowest responsive and	18892
responsible bidder. Where only one responsive and responsible bid	18893
is received, the regional transit authority may negotiate price	18894
with the sole responsive bidder or may rescind the solicitation.	18895
The regional transit authority shall award construction contracts	18896
in accordance with sections 153.12 to 153.14 and 153.54 of the	18897
Revised Code. Divisions (B) and (C) of this section shall not	18898
apply to the award of contracts for construction.	18899

(F) All contracts involving expenditures in excess of one	18900
hundred thousand dollars shall be in writing and shall be	18901
accompanied by or shall refer to plans and specifications for the	18902
work to be done. The plans and specifications shall at all times	18903
be made and considered part of the contract. For all contracts	18904
other than construction contracts, a regional transit authority	18905
may require performance, payment, or maintenance guaranties or any	18906
combination of such guaranties in the form, quality, and amount it	18907
considers appropriate. The contract shall be approved by the board	18908
and signed on behalf of the regional transit authority and by the	18909
contractor.	18910

(G) In making a contract, a regional transit authority may	18911
give preference to goods produced in the United States in	18912
accordance with the Buy America requirements in the "Surface	18913
Transportation Assistance Act of 1982," Public Law No. 97-424,	18914
section 165, 96 Stat. 2097, 23 U.S.C.A. 101 note, as amended, and	18915
the rules adopted thereunder. The regional transit authority also	18916
may give preference to providers of goods produced in and services	18917
provided in labor surplus areas as defined by the United States	18918
department of labor in 41 U.S.C.A. 401 note, Executive Order No.	18919
12073, August 16, 1978, 43 Fed. Reg. 36873, as amended.	18920

(H) Competitive procedures under this section are not	18921
required in any of the following circumstances:	18922

(1) The board of trustees of a regional transit authority, by	18923
a two-thirds affirmative vote of its members, determines that a	18924
real and present emergency exists under any of the following	18925
conditions, and the board enters its determination and the reasons	18926
for it in its proceedings:	18927

(a) Affecting safety, welfare, or the ability to deliver	18928
transportation services;	18929

(b) Arising out of an interruption of contracts essential to	18930
the provision of daily transit services;	18931

(c) Involving actual physical damage to structures, supplies,	18932
equipment, or property.	18933

(2) The purchase consists of goods or services, or any	18934
combination thereof, and after reasonable inquiry the board or any	18935
officer or employee the board designates finds that only one	18936
source of supply is reasonably available.	18937

(3) The expenditure is for a renewal or renegotiation of a	18938
lease or license for telecommunications or electronic data	18939
processing equipment, services, or systems, or for the upgrade of	18940
such equipment, services, or systems, or for the maintenance	18941
thereof as supplied by the original source or its successors or	18942
assigns.	18943

(4) The purchase of goods or services is made from another	18944
political subdivision, public agency, public transit system,	18945
regional transit authority, the state, or the federal government,	18946
or as a third-party beneficiary under a state or federal	18947
procurement contract, or as a participant in a department of	18948
administrative services contract under division (B) of section	18949
125.04 of the Revised Code.	18950

(5) The sale and leaseback or lease and leaseback of transit	18951
facilities is made as provided in division (AA) of section 306.35	18952
of the Revised Code.	18953

(6) The purchase substantially involves services of a	18954
personal, professional, highly technical, or scientific nature,	18955
including but not limited to the services of an attorney,	18956
physician, surveyor, appraiser, investigator, court reporter,	18957
adjuster, advertising consultant, or licensed broker, or involves	18958
the special skills or proprietary knowledge required for the	18959
servicing of specialized equipment owned by the regional transit	18960
authority.	18961

(7) Services or supplies are available from a qualified	18962
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	18963
Revised Code.	18964

(8) The purchase consists of the product or services of a	18965
public utility.	18966

(9) The purchase is for the services of individuals with	18967
disabilities to work in the authority's commissaries or	18968
cafeterias, and those individuals are supplied by a nonprofit	18969
corporation or association whose purpose is to assist individuals	18970
with disabilities, whether or not that corporation or association	18971
is funded entirely or in part by the federal government, or the	18972
purchase is for services provided by a nonprofit corporation or	18973
association whose purpose is to assist individuals with	18974
disabilities, whether or not that corporation or association is	18975
funded entirely or in part by the federal government. For purposes	18976
of division (H)(9) of this section, "disability" has the same	18977
meaning as in section 4112.01 of the Revised Code.	18978

(I) A regional transit authority may enter into blanket	18979
purchase agreements for purchases of maintenance, operating, or	18980
repair goods or services where the item cost does not exceed five	18981
hundred dollars and the annual expenditure does not exceed one	18982
hundred thousand dollars.	18983

(J) Nothing contained in this section prohibits a regional	18984
transit authority from participating in intergovernmental	18985
cooperative purchasing arrangements.	18986

(K) Except as otherwise provided in this chapter, a regional	18987
transit authority shall make a sale or other disposition of	18988
property through full and open competition. Except as provided in	18989
division (L) of this section, all dispositions of personal	18990
property and all grants of real property for terms exceeding five	18991
years shall be made by public auction or competitive procedure.	18992

(L) The competitive procedures required by division (K) of	18993
this section are not required in any of the following	18994
circumstances:	18995

(1) The grant is a component of a joint development between	18996
public and private entities and is intended to enhance or benefit	18997
public transit.	18998

(2) The grant of a limited use or of a license affecting land	18999
is made to an owner of abutting real property.	19000

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

19001

(4) The grant or disposition is to a department of the	19002
federal or state government, to a political subdivision of the	19003
state, or to any other governmental entity.	19004

(5) Used equipment is traded on the purchase of equipment and	19005
the value of the used equipment is a price-related factor in the	19006
basis for award for the purchase.	19007

(6) The value of the personal property is such that	19008
competitive procedures are not appropriate and the property either	19009
is sold at its fair market value or is disposed of by gift to a	19010
nonprofit entity having the general welfare or education of the	19011
public as one of its principal objects.	19012

(M) The board of trustees of a regional transit authority,	19013
when making a contract funded exclusively by state or local moneys	19014
or any combination thereof, shall make a good faith effort to use	19015
disadvantaged business enterprise participation to the same extent	19016
required under Section 105(f) of the "Surface Transportation	19017
Assistance Act of 1982," Public Law No. 97-424, 96 Stat. 2100, and	19018
Section 106(c) of the "Surface Transportation and Uniform	19019
Relocation Assistance Act of 1987," Public Law No. 100-17, 101	19020
Stat. 145, and the rules adopted thereunder.	19021

(N) As used in this section:

19022

(1) "Goods" means all things, including specially	19023
manufactured goods, that are movable at the time of identification	19024
to the contract for sale other than the money in which the price	19025
is to be paid, investment securities, and things in action.	19026
"Goods" also includes other identified things attached to realty	19027
as described in section 1302.03 of the Revised Code.	19028

(2) "Services" means the furnishing of labor, time, or effort	19029
by a contractor, not involving the delivery of goods or reports	19030
other than goods or reports that are merely incidental to the	19031
required performance, including but not limited to insurance,	19032
bonding, or routine operation, routine repair, or routine	19033
maintenance of existing structures, buildings, real property, or	19034
equipment, but does not include employment agreements, collective	19035
bargaining agreements, or personal services.	19036

(3) "Construction" means the process of building, altering,	19037
repairing, improving, painting, decorating, or demolishing any	19038
structure or building, or other improvements of any kind to any	19039
real property owned or leased by a regional transit authority.	19040

(4) "Full and open competition" has the same meaning as in	19041
the "Office of Federal Procurement Policy Act," Public Law No.	19042
98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403.	19043

(5) A bidder is "responsive" if, applying the criteria of	19044
division (A) of section 9.312 of the Revised Code, the bidder is	19045
"responsive" as described in that section.	19046

(6) A bidder is "responsible" if, applying the criteria of	19047
division ~~(A)~~(B) of section 9.312 of the Revised Code and of the	19048
"Office of Federal Procurement Policy Act," Public Law No. 98-369,	19049
section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403, the bidder is	19050
"responsible" as described in those sections.	19051

Sec. 306.55. Beginning July 1, 2011 and until November 5,	19052
2013, any municipal corporation or township that has created or	19053
joined a regional transit authority that levies a property tax and	19054
that includes in its membership political subdivisions that are	19055
located in a county having a population of at least four hundred	19056
thousand according to the most recent federal census, may withdraw	19057
from the regional transit authority in the manner provided in this	19058
section. The legislative authority of the municipal corporation or	19059
board of township trustees of the township proposing to withdraw	19060
shall adopt a resolution to submit the question of withdrawing	19061
from the regional transit authority to the electors of the	19062
territory to be withdrawn and shall certify the proposal to the	19063
board of elections for the purpose of having the proposal placed	19064
on the ballot at the next general election or at a special	19065
election conducted on the day of the next primary election that	19066
occurs not less than ninety days after the resolution is certified	19067
to the board of elections.	19068

Upon certification of a proposal to the board of elections	19069
pursuant to this section, the board of elections shall make the	19070
necessary arrangements for the submission of the question to the	19071
electors of the territory to be withdrawn from the regional	19072
transit authority qualified to vote on the question, and the	19073
election shall be held, canvassed, and certified in the same	19074
manner as regular elections for the election of officers of the	19075
subdivision proposing to withdraw from the regional transit	19076
authority, except that the question appearing on the ballot shall	19077
read:	19078

"Shall the territory within the .........................	19079
(Name of political subdivision to be withdrawn) be withdrawn from	19080
......................... ......... (Name) regional transit	19081
authority?"	19082

If the question is approved by at least a majority of the	19083
electors voting on the question, the withdrawal is effective six	19084
months from the date of the certification of its passage.	19085

The board of elections to which the resolution was certified	19086
shall certify the results of the election to the board or	19087
legislative authority of the subdivision that submitted the	19088
resolution to withdraw and to the board of trustees of the	19089
regional transit authority from which the subdivision proposed to	19090
withdraw.	19091

If the question of withdrawing from the regional transit	19092
authority is approved, the power of the regional transit authority	19093
to levy a tax on taxable property in the withdrawing subdivision	19094
terminates.	19095

Sec. 306.551. Any municipal corporation or township that	19096
withdraws from a regional transit authority under section 306.55	19097
of the Revised Code may enter into a contract with a regional	19098
transit authority or other provider of transit services to provide	19099
transportation service for handicapped, disabled, or elderly	19100
persons and for any other service the legislative authority of the	19101
municipal corporation or township may determine to be appropriate.	19102

Sec. 306.70. A tax proposed to be levied by a board of	19103
county commissioners or by the board of trustees of a regional	19104
transit authority pursuant to sections 5739.023 and 5741.022 of	19105
the Revised Code shall not become effective until it is submitted	19106
to the electors residing within the county or within the	19107
territorial boundaries of the regional transit authority and	19108
approved by a majority of the electors voting on it. Such question	19109
shall be submitted at a general election or at a special election	19110
on a day specified in the resolution levying the tax and occurring	19111
not less than ninety days after such resolution is certified to	19112
the board of elections, in accordance with section 3505.071 of the	19113
Revised Code.	19114

The board of elections of the county or of each county in	19115
which any territory of the regional transit authority is located	19116
shall make the necessary arrangements for the submission of such	19117
question to the electors of the county or regional transit	19118
authority, and the election shall be held, canvassed, and	19119
certified in the same manner as regular elections for the election	19120
of county officers. Notice of the election shall be published in	19121
~~one or more newspapers which in the aggregate are~~a newspaper of	19122
general circulation in the territory of the county or of the	19123
regional transit authority once a week for two consecutive weeks	19124
prior to the election ~~and, if~~or as provided in section 7.16 of	19125
the Revised Code. If the board of elections operates and maintains	19126
a web site, notice of the election also shall be posted on that	19127
web site for thirty days prior to the election. The notice shall	19128
state the type, rate, and purpose of the tax to be levied, the	19129
length of time during which the tax will be in effect, and the	19130
time and place of the election.	19131

More than one such question may be submitted at the same	19132
election. The form of the ballots cast at such election shall be:	19133

"Shall a(n) ................ (sales and use) .............	19134
tax be levied for all transit purposes of the ..................	19135
(here insert name of the county or regional transit authority) at	19136
a rate not exceeding ................... (here insert percentage)	19137
per cent for ................ (here insert number of years the tax	19138
is to be in effect, or that it is to be in effect for a continuing	19139
period of time)?"	19140

If the tax proposed to be levied is a continuation of an	19141
existing tax, whether at the same rate or at an increased or	19142
reduced rate, or an increase in the rate of an existing tax, the	19143
notice and ballot form shall so state.	19144

The board of elections to which the resolution was certified	19145
shall certify the results of the election to the county auditor of	19146
the county or secretary-treasurer of the regional transit	19147
authority levying the tax and to the tax commissioner of the	19148
state.	19149

Sec. 307.022. (A) The board of county commissioners of any	19150
county may do both of the following without following the	19151
competitive bidding requirements of section 307.86 of the Revised	19152
Code:	19153

(1) Enter into a lease, including a lease with an option to	19154
purchase, of correctional facilities for a term not in excess of	19155
forty years. Before entering into the lease, the board shall	19156
publish, once a week for three consecutive weeks in a newspaper of	19157
general circulation in the county or as provided in section 7.16	19158
of the Revised Code, a notice that the board is accepting	19159
proposals for a lease pursuant to this division. The notice shall	19160
state the date before which the proposals are required to be	19161
submitted in order to be considered by the board.	19162

(2) Subject to compliance with this section, grant leases,	19163
easements, and licenses with respect to, or sell, real property	19164
owned by the county if the real property is to be leased back by	19165
the county for use as correctional facilities.	19166

The lease under division (A)(1) of this section shall require	19167
the county to contract, in accordance with Chapter 153., sections	19168
307.86 to 307.92, and Chapter 4115. of the Revised Code, for the	19169
construction, improvement, furnishing, and equipping of	19170
correctional facilities to be leased pursuant to this section.	19171
Prior to the board's execution of the lease, it may require the	19172
lessor under the lease to cause sufficient money to be made	19173
available to the county to enable the county to comply with the	19174
certification requirements of division (D) of section 5705.41 of	19175
the Revised Code.	19176

A lease entered into pursuant to division (A)(1) of this	19177
section by a board may provide for the county to maintain and	19178
repair the correctional facility during the term of the leasehold,	19179
may provide for the county to make rental payments prior to or	19180
after occupation of the correctional facilities by the county, and	19181
may provide for the board to obtain and maintain any insurance	19182
that the lessor may require, including, but not limited to, public	19183
liability, casualty, builder's risk, and business interruption	19184
insurance. The obligations incurred under a lease entered into	19185
pursuant to division (A)(1) of this section shall not be	19186
considered to be within the debt limitations of section 133.07 of	19187
the Revised Code.	19188

(B) The correctional facilities leased under division (A)(1)	19189
of this section may include any or all of the following:	19190

(1) Facilities in which one or more other governmental	19191
entities are participating or in which other facilities of the	19192
county are included;	19193

(2) Facilities acquired, constructed, renovated, or financed	19194
by the Ohio building authority and leased to the county pursuant	19195
to section 307.021 of the Revised Code;	19196

(3) Correctional facilities that are under construction or	19197
have been completed and for which no permanent financing has been	19198
arranged.	19199

19200

(1) "Correctional facilities" includes, but is not limited	19201
to, jails, detention facilities, workhouses, community-based	19202
correctional facilities, and family court centers.	19203

(2) "Construction" has the same meaning as in division (B) of	19204
section 4115.03 of the Revised Code.	19205

Sec. 307.041. (A) As used in this section, "energy	19206
conservation measure" means an installation or modification of an	19207
installation in, or remodeling of, an existing building, to reduce	19208
energy consumption. "Energy conservation measure" includes the	19209
following:	19210

(1) Insulation of the building structure and of systems	19211
within the building;	19212

(2) Storm windows and doors, multiglazed windows and doors,	19213
heat-absorbing or heat-reflective glazed and coated window and	19214
door systems, additional glazing, reductions in glass area, and	19215
other window and door system modifications that reduce energy	19216
consumption;	19217

(3) Automatic energy control systems;

19218

(4) Heating, ventilating, or air conditioning system	19219
modifications or replacements;	19220

(5) Caulking and weatherstripping;

19221

(6) Replacement or modification of lighting fixtures to	19222
increase the energy efficiency of the system without increasing	19223
the overall illumination of a facility, unless such an increase in	19224
illumination is necessary to conform to the applicable state or	19225
local building code for the proposed lighting system;	19226

(7) Energy recovery systems;

19227

(8) Cogeneration systems that produce steam or forms of	19228
energy such as heat, as well as electricity, for use primarily	19229
within a building or complex of buildings;	19230

(9) Acquiring, constructing, furnishing, equipping, improving	19231
the site of, and otherwise improving a central utility plant to	19232
provide heating and cooling services to a building or buildings	19233
together with distribution piping and ancillary distribution	19234
controls, equipment, and related facilities from the central	19235
utility plant to the building or buildings;	19236

(10) Any other modification, installation, or remodeling	19237
approved by the board of county commissioners as an energy	19238
conservation measure.	19239

(B) For the purpose of evaluating county buildings for energy	19240
conservation measures, a county may contract with an architect,	19241
professional engineer, energy services company, contractor, or	19242
other person experienced in the design and implementation of	19243
energy conservation measures for an energy conservation report.	19244
The report shall include all of the following:	19245

(1) Analyses of the buildings' energy needs and	19246
recommendations for building installations, modifications of	19247
existing installations, or building remodeling that would	19248
significantly reduce energy consumption in the buildings owned by	19249
that county;	19250

(2) Estimates of all costs of those installations, those	19251
modifications, or that remodeling, including costs of design,	19252
engineering, installation, maintenance, and repairs;	19253

(3) Estimates of the amounts by which energy consumption	19254
could be reduced;	19255

(4) The interest rate used to estimate the costs of any	19256
energy conservation measures that are to be financed;	19257

(5) The average system life of the energy conservation	19258
measures;	19259

(6) Estimates of the likely savings that will result from the	19260
reduction in energy consumption over the average system life of	19261
the energy conservation measure, including the methods used to	19262
estimate the savings;	19263

(7) A certification under the seal of a registered	19264
professional engineer that the energy conservation report uses	19265
reasonable methods of analysis and estimation.	19266

(C)(1) A county desiring to implement energy conservation	19267
measures may proceed under either of the following methods:	19268

(a) Using a report or any part of an energy conservation	19269
report prepared under division (B) of this section, advertise for	19270
bids and, except as otherwise provided in this section, comply	19271
with sections 307.86 to 307.92 of the Revised Code;	19272

(b) Notwithstanding sections 307.86 to 307.92 of the Revised	19273
Code, request proposals from at least three vendors for the	19274
implementation of energy conservation measures. A request for	19275
proposals shall require the installer that is awarded a contract	19276
under division (C)(2)(b) of this section to prepare an energy	19277
conservation report in accordance with division (B) of this	19278
section. Prior to sending any installer of energy conservation	19279
measures a copy of any request for proposals, the county shall	19280
advertise its intent to request proposals for the installation of	19281
energy conservation measures in a newspaper of general circulation	19282
in the county once a week for two consecutive weeks or as	19283
provided in section 7.16 of the Revised Code. The notice shall	19284
state that the county intends to request proposals for the	19285
installation of energy conservation measures; indicate the date,	19286
which shall be at least ten days after the second publication, on	19287
which the request for proposals will be mailed to installers of	19288
energy conservation measures; and state that any installer of	19289
energy conservation measures interested in receiving the request	19290
for proposals shall submit written notice to the county not later	19291
than noon of the day on which the request for proposals will be	19292
mailed.	19293

(2)(a) Upon receiving bids under division (C)(1)(a) of this	19294
section, the county shall analyze them and select the lowest and	19295
best bid or bids most likely to result in the greatest energy	19296
savings considering the cost of the project and the county's	19297
ability to pay for the improvements with current revenues or by	19298
financing the improvements.	19299

(b) Upon receiving proposals under division (C)(1)(b) of this	19300
section, the county shall analyze the proposals and the	19301
installers' qualifications and select the most qualified installer	19302
to prepare an energy conservation report in accordance with	19303
division (B) of this section. After receipt and review of the	19304
energy conservation report, the county may award a contract to the	19305
selected installer to install the energy conservation measures	19306
that are most likely to result in the greatest energy savings	19307
considering the cost of the project and the county's ability to	19308
pay for the improvements with current revenues or by financing the	19309
improvements.	19310

(c) The awarding of a contract to install energy conservation	19311
measures under division (C)(2)(a) or (b) of this section shall be	19312
conditioned upon a finding by the contracting authority that the	19313
amount of money spent on the energy conservation measures is not	19314
likely to exceed the amount of money the county would save in	19315
energy, operating, maintenance, and avoided capital costs over the	19316
average system life of the energy conservation measures as	19317
specified in the energy conservation report. In making such a	19318
finding, the contracting authority may take into account increased	19319
costs due to inflation as shown in the energy conservation report.	19320
Nothing in this division prohibits a county from rejecting all	19321
bids or proposals under division (C)(1)(a) or (b) of this section	19322
or from selecting more than one bid or proposal.	19323

(D) A board of county commissioners may enter into an	19324
installment payment contract for the purchase and installation of	19325
energy conservation measures. Provisions of installment payment	19326
contracts that deal with interest charges and financing terms	19327
shall not be subject to the competitive bidding requirements of	19328
section 307.86 of the Revised Code, and shall be on the following	19329
terms:	19330

(1) Not less than a specified percentage, as determined and	19331
approved by the board of county commissioners, of the costs of the	19332
contract shall be paid within two years from the date of purchase.	19333

(2) The remaining balance of the costs of the contract shall	19334
be paid within the lesser of the average system life of the energy	19335
conservation measures as specified in the energy conservation	19336
report or thirty years.	19337

(E) The board of county commissioners may issue the notes of	19338
the county specifying the terms of a purchase of energy	19339
conservation measures under this section and securing any deferred	19340
payments provided for in division (D) of this section. The notes	19341
shall be payable at the times provided and bear interest at a rate	19342
not exceeding the rate determined as provided in section 9.95 of	19343
the Revised Code. The notes may contain an option for prepayment	19344
and shall not be subject to Chapter 133. of the Revised Code.	19345
Revenues derived from local taxes or otherwise for the purpose of	19346
conserving energy or for defraying the current operating expenses	19347
of the county may be pledged and applied to the payment of	19348
interest and the retirement of the notes. The notes may be sold at	19349
private sale or given to the contractor under an installment	19350
payment contract authorized by division (D) of this section.	19351

(F) Debt incurred under this section shall not be included in	19352
the calculation of the net indebtedness of a county under section	19353
133.07 of the Revised Code.	19354

Sec. 307.10. (A) No sale of real property, or lease of real	19355
property used or to be used for the purpose of airports, landing	19356
fields, or air navigational facilities, or parts thereof, as	19357
provided by section 307.09 of the Revised Code shall be made	19358
unless it is authorized by a resolution adopted by a majority of	19359
the board of county commissioners. When a sale of real property as	19360
provided by section 307.09 of the Revised Code is authorized, the	19361
board may either deed the property to the highest responsible	19362
bidder, after advertisement once a week for four consecutive weeks	19363
in a newspaper of general circulation in the county or as provided	19364
in section 7.16 of the Revised Code, or offer the real property	19365
for sale at a public auction, after giving at least thirty days'	19366
notice of the auction by publication in a newspaper of general	19367
circulation in the county. The board may reject any and all bids.	19368
The board may, as it considers best, sell real property pursuant	19369
to this section as an entire tract or in parcels. The board, by	19370
resolution adopted by a majority of the board, may lease real	19371
property, in accordance with division (A) of section 307.09 of the	19372
Revised Code, without advertising for bids.	19373

(B) The board, by resolution, may transfer real property in	19374
fee simple belonging to the county and not needed for public use	19375
to the United States government, to the state or any department or	19376
agency thereof, to municipal corporations or other political	19377
subdivisions of the state, to the county board of developmental	19378
disabilities, or to a county land reutilization corporation	19379
organized under Chapter 1724. of the Revised Code for public	19380
purposes upon the terms and in the manner that it may determine to	19381
be in the best interests of the county, without advertising for	19382
bids. The board shall execute a deed or other proper instrument	19383
when such a transfer is approved.	19384

(C) The board, by resolution adopted by a majority of the	19385
board, may grant leases, rights, or easements to the United States	19386
government, to the state or any department or agency thereof, or	19387
to municipal corporations and other political subdivisions of the	19388
state, or to privately owned electric light and power companies,	19389
natural gas companies, or telephone or telegraph companies for	19390
purposes of rendering their several public utilities services, in	19391
accordance with division (B) of section 307.09 of the Revised	19392
Code, without advertising for bids. When such grant of lease,	19393
right, or easement is authorized, a deed or other proper	19394
instrument therefor shall be executed by the board.	19395

Sec. 307.12. (A) Except as otherwise provided in divisions	19396
(D), (E), and (G) of this section, when the board of county	19397
commissioners finds, by resolution, that the county has personal	19398
property, including motor vehicles acquired for the use of county	19399
officers and departments, and road machinery, equipment, tools, or	19400
supplies, that is not needed for public use, is obsolete, or is	19401
unfit for the use for which it was acquired, and when the fair	19402
market value of the property to be sold or donated under this	19403
division is, in the opinion of the board, in excess of two	19404
thousand five hundred dollars, the board may do either of the	19405
following:	19406

(1) Sell the property at public auction or by sealed bid to	19407
the highest bidder. Notice of the time, place, and manner of the	19408
sale shall be published in a newspaper of general circulation in	19409
the county at least ten days prior to the sale, and a typewritten	19410
or printed notice of the time, place, and manner of the sale shall	19411
be posted at least ten days before the sale in the offices of the	19412
county auditor and the board of county commissioners.	19413

If a board conducts a sale of property by sealed bid, the	19414
form of the bid shall be as prescribed by the board, and each bid	19415
shall contain the name of the person submitting it. Bids received	19416
shall be opened and tabulated at the time stated in the notice.	19417
The property shall be sold to the highest bidder, except that the	19418
board may reject all bids and hold another sale, by public auction	19419
or sealed bid, in the manner prescribed by this section.	19420

(2) Donate any motor vehicle that does not exceed four	19421
thousand five hundred dollars in value to a nonprofit organization	19422
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	19423
and (c)(3) for the purpose of meeting the transportation needs of	19424
participants in the Ohio works first program established under	19425
Chapter 5107. of the Revised Code and participants in the	19426
prevention, retention, and contingency program established under	19427
Chapter 5108. of the Revised Code.	19428

(B) When the board of county commissioners finds, by	19429
resolution, that the county has personal property, including motor	19430
vehicles acquired for the use of county officers and departments,	19431
and road machinery, equipment, tools, or supplies, that is not	19432
needed for public use, is obsolete, or is unfit for the use for	19433
which it was acquired, and when the fair market value of the	19434
property to be sold or donated under this division is, in the	19435
opinion of the board, two thousand five hundred dollars or less,	19436
the board may do either of the following:	19437

(1) Sell the property by private sale, without advertisement	19438
or public notification;	19439

(2) Donate the property to an eligible nonprofit organization	19440
that is located in this state and is exempt from federal income	19441
taxation pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating	19442
any property under this division, the board shall adopt a	19443
resolution expressing its intent to make unneeded, obsolete, or	19444
unfit-for-use county personal property available to these	19445
organizations. The resolution shall include guidelines and	19446
procedures the board considers necessary to implement a donation	19447
program under this division and shall indicate whether the county	19448
will conduct the donation program or the board will contract with	19449
a representative to conduct it. If a representative is known when	19450
the resolution is adopted, the resolution shall provide contact	19451
information such as the representative's name, address, and	19452
telephone number.	19453

The resolution shall include within its procedures a	19454
requirement that any nonprofit organization desiring to obtain	19455
donated property under this division shall submit a written notice	19456
to the board or its representative. The written notice shall	19457
include evidence that the organization is a nonprofit organization	19458
that is located in this state and is exempt from federal income	19459
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	19460
the organization's primary purpose; a description of the type or	19461
types of property the organization needs; and the name, address,	19462
and telephone number of a person designated by the organization's	19463
governing board to receive donated property and to serve as its	19464
agent.	19465

After adoption of the resolution, the board shall publish, in	19466
a newspaper of general circulation in the county, notice of its	19467
intent to donate unneeded, obsolete, or unfit-for-use county	19468
personal property to eligible nonprofit organizations. The notice	19469
shall include a summary of the information provided in the	19470
resolution and shall be published ~~at least~~ twice or as provided in	19471
section 7.16 of the Revised Code. The second and any subsequent	19472
notice shall be published not less than ten nor more than twenty	19473
days after the previous notice. A similar notice also shall be	19474
posted continually in a conspicuous place in the offices of the	19475
county auditor and the board of county commissioners~~, and, if~~. If	19476
the county maintains a web site on the internet, the notice shall	19477
be posted continually at that web site.	19478

The board or its representative shall maintain a list of all	19479
nonprofit organizations that notify the board or its	19480
representative of their desire to obtain donated property under	19481
this division and that the board or its representative determines	19482
to be eligible, in accordance with the requirements set forth in	19483
this section and in the donation program's guidelines and	19484
procedures, to receive donated property.	19485

The board or its representatives also shall maintain a list	19486
of all county personal property the board finds to be unneeded,	19487
obsolete, or unfit for use and to be available for donation under	19488
this division. The list shall be posted continually in a	19489
conspicuous location in the offices of the county auditor and the	19490
board of county commissioners, and, if the county maintains a web	19491
site on the internet, the list shall be posted continually at that	19492
web site. An item of property on the list shall be donated to the	19493
eligible nonprofit organization that first declares to the board	19494
or its representative its desire to obtain the item unless the	19495
board previously has established, by resolution, a list of	19496
eligible nonprofit organizations that shall be given priority with	19497
respect to the item's donation. Priority may be given on the basis	19498
that the purposes of a nonprofit organization have a direct	19499
relationship to specific public purposes of programs provided or	19500
administered by the board. A resolution giving priority to certain	19501
nonprofit organizations with respect to the donation of an item of	19502
property shall specify the reasons why the organizations are given	19503
that priority.	19504

(C) Members of the board of county commissioners shall	19505
consult with the Ohio ethics commission, and comply with the	19506
provisions of Chapters 102. and 2921. of the Revised Code, with	19507
respect to any sale or donation under division (A) or (B) of this	19508
section to a nonprofit organization of which a county	19509
commissioner, any member of the county commissioner's family, or	19510
any business associate of the county commissioner is a trustee,	19511
officer, board member, or employee.	19512

(D) Notwithstanding anything to the contrary in division (A),	19513
(B), or (E) of this section and regardless of the property's	19514
value, the board of county commissioners may sell or donate county	19515
personal property, including motor vehicles, to the federal	19516
government, the state, any political subdivision of the state, or	19517
a county land reutilization corporation without advertisement or	19518
public notification.	19519

(E) Notwithstanding anything to the contrary in division (A),	19520
(B), or (G) of this section and regardless of the property's	19521
value, the board of county commissioners may sell personal	19522
property, including motor vehicles acquired for the use of county	19523
officers and departments, and road machinery, equipment, tools, or	19524
supplies, that is not needed for public use, is obsolete, or is	19525
unfit for the use for which it was acquired, by internet auction.	19526
The board shall adopt, during each calendar year, a resolution	19527
expressing its intent to sell that property by internet auction.	19528
The resolution shall include a description of how the auctions	19529
will be conducted and shall specify the number of days for bidding	19530
on the property, which shall be no less than ten days, including	19531
Saturdays, Sundays, and legal holidays. The resolution shall	19532
indicate whether the county will conduct the auction or the board	19533
will contract with a representative to conduct the auction and	19534
shall establish the general terms and conditions of sale. If a	19535
representative is known when the resolution is adopted, the	19536
resolution shall provide contact information such as the	19537
representative's name, address, and telephone number.	19538

After adoption of the resolution, the board shall publish, in	19539
a newspaper of general circulation in the county, notice of its	19540
intent to sell unneeded, obsolete, or unfit-for-use county	19541
personal property by internet auction. The notice shall include a	19542
summary of the information provided in the resolution and shall be	19543
published ~~at least~~ twice or as provided in section 7.16 of the	19544
Revised Code. The second and any subsequent notice shall be	19545
published not less than ten nor more than twenty days after the	19546
previous notice. A similar notice also shall be posted continually	19547
throughout the calendar year in a conspicuous place in the offices	19548
of the county auditor and the board of county commissioners~~, and,~~	19549
if. If the county maintains a web site on the internet, the notice	19550
shall be posted continually throughout the calendar year at that	19551
web site.	19552

When property is to be sold by internet auction, the board or	19553
its representative may establish a minimum price that will be	19554
accepted for specific items and may establish any other terms and	19555
conditions for the particular sale, including requirements for	19556
pick-up or delivery, method of payment, and sales tax. This type	19557
of information shall be provided on the internet at the time of	19558
the auction and may be provided before that time upon request	19559
after the terms and conditions have been determined by the board	19560
or its representative.	19561

(F) When a county officer or department head determines that	19562
county-owned personal property under the jurisdiction of the	19563
officer or department head, including motor vehicles, road	19564
machinery, equipment, tools, or supplies, is not of immediate	19565
need, the county officer or department head may notify the board	19566
of county commissioners, and the board may lease that personal	19567
property to any municipal corporation, township, other political	19568
subdivision of the state, or to a county land reutilization	19569
corporation. The lease shall require the county to be reimbursed	19570
under terms, conditions, and fees established by the board, or	19571
under contracts executed by the board.	19572

(G) If the board of county commissioners finds, by	19573
resolution, that the county has vehicles, equipment, or machinery	19574
that is not needed, or is unfit for public use, and the board	19575
desires to sell the vehicles, equipment, or machinery to the	19576
person or firm from which it proposes to purchase other vehicles,	19577
equipment, or machinery, the board may offer to sell the vehicles,	19578
equipment, or machinery to that person or firm, and to have the	19579
selling price credited to the person or firm against the purchase	19580
price of other vehicles, equipment, or machinery.	19581

(H) If the board of county commissioners advertises for bids	19582
for the sale of new vehicles, equipment, or machinery to the	19583
county, it may include in the same advertisement a notice of the	19584
willingness of the board to accept bids for the purchase of	19585
county-owned vehicles, equipment, or machinery that is obsolete or	19586
not needed for public use, and to have the amount of those bids	19587
subtracted from the selling price of the other vehicles,	19588
equipment, or machinery as a means of determining the lowest	19589
responsible bidder.	19590

(I) If a board of county commissioners determines that county	19591
personal property is not needed for public use, or is obsolete or	19592
unfit for the use for which it was acquired, and that the property	19593
has no value, the board may discard or salvage that property.	19594

(J) A county engineer, in the engineer's discretion, may	19595
dispose of scrap construction materials on such terms as the	19596
engineer determines reasonable, including disposal without	19597
recovery of costs, if the total value of the materials does not	19598
exceed twenty-five thousand dollars. The engineer shall maintain	19599
records of all dispositions made under this division, including	19600
identification of the origin of the materials, the final	19601
disposition, and copies of all receipts resulting from the	19602
dispositions.	19603

As used in division (I) of this section, "scrap construction	19604
materials" means construction materials that result from a road or	19605
bridge improvement, remain after the improvement is completed, and	19606
are not reusable. Construction material that is metal and that	19607
results from a road or bridge improvement and remains after the	19608
improvement is completed is scrap construction material only if it	19609
cannot be used in any other road or bridge improvement or other	19610
project in its current state.	19611

Sec. 307.676. (A) As used in this section:

19612

(1) "Food and beverages" means any raw, cooked, or processed	19613
edible substance used or intended for use in whole or in part for	19614
human consumption, including ice, water, spirituous liquors, wine,	19615
mixed beverages, beer, soft drinks, soda, and other beverages.	19616

(2) "Convention facilities authority" has the same meaning as	19617
in section 351.01 of the Revised Code.	19618

(3) "Convention center" has the same meaning as in section	19619
307.695 of the Revised Code.	19620

(B) The legislative authority of a county with a population	19621
of one million or more according to the most recent federal	19622
decennial census may, by resolution adopted on or before August	19623
30, 2004, by a majority of the members of the legislative	19624
authority and with the subsequent approval of a majority of the	19625
electors of the county voting upon it, levy a tax of not more than	19626
two per cent on every retail sale in the county of food and	19627
beverages to be consumed on the premises where sold to pay the	19628
expenses of administering the tax and to provide revenues for the	19629
county general fund. Such resolution shall direct the board of	19630
elections to submit the question of levying the tax to the	19631
electors of the county at the next primary or general election in	19632
the county occurring not less than ninety days after the	19633
resolution is certified to the board of elections, and such	19634
resolution may further direct the board of elections to include	19635
upon the ballot submitted to the electors any specific purposes	19636
for which the tax will be used. The legislative authority shall	19637
establish all regulations necessary to provide for the	19638
administration and allocation of the tax. The regulations may	19639
prescribe the time for payment of the tax and may provide for	19640
imposition of a penalty, interest, or both for late payments,	19641
provided that any such penalty may not exceed ten per cent of the	19642
amount of tax due and the rate at which interest accrues may not	19643
exceed the rate per annum required under section 5703.47 of the	19644
Revised Code.	19645

(C) A tax levied under this section shall remain in effect	19646
for the period of time specified in the resolution or ordinance	19647
levying the tax, but in no case for a longer period than forty	19648
years.	19649

(D) A tax levied under this section is in addition to any	19650
other tax levied under Chapter 307., 4301., 4305., 5739., 5741.,	19651
or any other chapter of the Revised Code. "Price," as defined in	19652
sections 5739.01 and 5741.01 of the Revised Code, does not include	19653
any tax levied under this section and any tax levied under this	19654
section does not include any tax imposed under Chapter 5739. or	19655
5741. of the Revised Code.	19656

(E)(1) No amount collected from a tax levied under this	19657
section shall be contributed to a convention facilities authority,	19658
corporation, or other entity created after July 1, 2003, for the	19659
principal purpose of constructing, improving, expanding,	19660
equipping, financing, or operating a convention center unless the	19661
mayor of the municipal corporation in which the convention center	19662
is to be operated by that convention facilities authority,	19663
corporation, or other entity has consented to the creation of that	19664
convention facilities authority, corporation, or entity.	19665
Notwithstanding any contrary provision of section 351.04 of the	19666
Revised Code, if a tax is levied by a county under this section,	19667
the board of county commissioners of that county may determine the	19668
manner of selection, the qualifications, the number, and terms of	19669
office of the members of the board of directors of any convention	19670
facilities authority, corporation, or other entity described in	19671
division (E)(1) of this section.	19672

(2)(a) No amount collected from a tax levied under this	19673
section may be used for any purpose other than paying the direct	19674
and indirect costs of constructing, improving, expanding,	19675
equipping, financing, or operating a convention center and for the	19676
real and actual costs of administering the tax, unless, prior to	19677
the adoption of the resolution of the legislative authority of the	19678
county directing the board of elections to submit the question of	19679
the levy, extension, or increase to the electors of the county,	19680
the county and the mayor of the most populous municipal	19681
corporation in that county have entered into an agreement as to	19682
the use of such amounts, provided that such agreement has been	19683
approved by a majority of the mayors of the other municipal	19684
corporations in that county. The agreement shall provide that the	19685
amounts to be used for purposes other than paying the convention	19686
center or administrative costs described in division (E)(2)(a) of	19687
this section be used only for the direct and indirect costs of	19688
capital improvements in accordance with the agreement, including	19689
the financing of capital improvements. Immediately following the	19690
execution of the agreement, the county shall:	19691

(i) In accordance with section 7.12 of the Revised Code,	19692
cause the agreement to be published ~~at least~~ once in a newspaper	19693
of general circulation in that county; or	19694

(ii) Post the agreement in at least five public places in the	19695
county, as determined by the legislative authority, for a period	19696
not less than fifteen days.	19697

(b) If the county in which the tax is levied has an	19698
association of mayors and city managers, the approval of that	19699
association of an agreement described in division (E)(2)(a) of	19700
this section shall be considered to be the approval of the	19701
majority of the mayors of the other municipal corporations for	19702
purposes of that division.	19703

(F) Each year, the auditor of state shall conduct an audit of	19704
the uses of any amounts collected from taxes levied under this	19705
section and shall prepare a report of the auditor of state's	19706
findings. The auditor of state shall submit the report to the	19707
legislative authority of the county that has levied the tax, the	19708
speaker of the house of representatives, the president of the	19709
senate, and the leaders of the minority parties of the house of	19710
representatives and the senate.	19711

(G) The levy of any taxes under Chapter 5739. of the Revised	19712
Code on the same transactions subject to a tax under this section	19713
does not prevent the levy of a tax under this section.	19714

Sec. 307.70. In any county electing a county charter	19715
commission, the board of county commissioners shall appropriate	19716
money for the expenses of such commission in the preparation of a	19717
county charter, or charter amendment, and the study of problems	19718
involved. No appropriation shall be made for the compensation of	19719
members of the commission for their services. The board shall	19720
appropriate money for the printing and mailing or otherwise	19721
distributing to each elector in the county, as far as may be	19722
reasonably possible, a copy of a charter submitted to the electors	19723
of the county by a charter commission or by the board pursuant to	19724
petition as provided by Section 4 of Article X, Ohio Constitution.	19725
The copy of the charter shall be mailed or otherwise distributed	19726
at least thirty days prior to the election. The board shall	19727
appropriate money for the printing and distribution or publication	19728
of proposed amendments to a charter submitted by a charter	19729
commission pursuant to Section 4 of Article X, Ohio Constitution.	19730
Notice of amendments to a county charter shall be given by mailing	19731
or otherwise distributing a copy of each proposed amendment to	19732
each elector in the county, as far as may be reasonably possible,	19733
at least thirty days prior to the election or, if the board so	19734
determines, by publishing the full text of the proposed amendments	19735
once a week for at least two consecutive weeks in a newspaper	19736
~~published in the county. If no newspaper is published in the~~	19737
~~county or the board is unable to obtain publication in a newspaper~~	19738
~~published in the county, the proposed amendments may be published~~	19739
~~in a newspaper~~ of general circulation within the county, or as	19740
provided in section 7.16 of the Revised Code. No public officer is	19741
precluded, because of being a public officer, from also holding	19742
office as a member of a county charter commission, except that not	19743
more than four officeholders may be elected to a county charter	19744
commission at the same time. No member of a county charter	19745
commission, because of charter commission membership, is precluded	19746
from seeking or holding other public office.	19747

Sec. 307.79. (A) The board of county commissioners may	19748
adopt, amend, and rescind rules establishing technically feasible	19749
and economically reasonable standards to achieve a level of	19750
management and conservation practices that will abate wind or	19751
water erosion of the soil or abate the degradation of the waters	19752
of the state by soil sediment in conjunction with land grading,	19753
excavating, filling, or other soil disturbing activities on land	19754
used or being developed for nonfarm commercial, industrial,	19755
residential, or other nonfarm purposes, and establish criteria for	19756
determination of the acceptability of those management and	19757
conservation practices. The rules shall be designed to implement	19758
the applicable areawide waste treatment management plan prepared	19759
under section 208 of the "Federal Water Pollution Control Act," 86	19760
Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement	19761
phase II of the storm water program of the national pollutant	19762
discharge elimination system established in 40 C.F.R. Part 122.	19763
The rules to implement phase II of the storm water program of the	19764
national pollutant discharge elimination system shall not be	19765
inconsistent with, more stringent than, or broader in scope than	19766
the rules or regulations adopted by the environmental protection	19767
agency under 40 C.F.R. Part 122. The rules adopted under this	19768
section shall not apply inside the limits of municipal	19769
corporations or the limits of townships with a limited home rule	19770
government that have adopted rules under section 504.21 of the	19771
Revised Code, to lands being used in a strip mine operation as	19772
defined in section 1513.01 of the Revised Code, or to land being	19773
used in a surface mine operation as defined in section 1514.01 of	19774
the Revised Code.	19775

The rules adopted under this section may require persons to	19776
file plans governing erosion control, sediment control, and water	19777
management before clearing, grading, excavating, filling, or	19778
otherwise wholly or partially disturbing one or more contiguous	19779
acres of land owned by one person or operated as one development	19780
unit for the construction of nonfarm buildings, structures,	19781
utilities, recreational areas, or other similar nonfarm uses. If	19782
the rules require plans to be filed, the rules shall do all of the	19783
following:	19784

(1) Designate the board itself, its employees, or another	19785
agency or official to review and approve or disapprove the plans;	19786

(2) Establish procedures and criteria for the review and	19787
approval or disapproval of the plans;	19788

(3) Require the designated entity to issue a permit to a	19789
person for the clearing, grading, excavating, filling, or other	19790
project for which plans are approved and to deny a permit to a	19791
person whose plans have been disapproved;	19792

(4) Establish procedures for the issuance of the permits;

19793

(5) Establish procedures under which a person may appeal the	19794
denial of a permit.	19795

Areas of less than one contiguous acre shall not be exempt	19796
from compliance with other provisions of this section or rules	19797
adopted under this section. The rules adopted under this section	19798
may impose reasonable filing fees for plan review, permit	19799
processing, and field inspections.	19800

No permit or plan shall be required for a public highway,	19801
transportation, or drainage improvement or maintenance project	19802
undertaken by a government agency or political subdivision in	19803
accordance with a statement of its standard sediment control	19804
policies that is approved by the board or the chief of the	19805
division of soil and water resources in the department of natural	19806
resources.	19807

(B) Rules or amendments may be adopted under this section	19808
only after public hearings at not fewer than two regular sessions	19809
of the board. The board of county commissioners shall cause to be	19810
published, in a newspaper of general circulation in the county,	19811
notice of the public hearings, including time, date, and place,	19812
once a week for two weeks immediately preceding the hearings, or	19813
as provided in section 7.16 of the Revised Code. The proposed	19814
rules or amendments shall be made available by the board to the	19815
public at the board office or other location indicated in the	19816
notice. The rules or amendments shall take effect on the	19817
thirty-first day following the date of their adoption.	19818

(C) The board of county commissioners may employ personnel to	19819
assist in the administration of this section and the rules adopted	19820
under it. The board also, if the action does not conflict with the	19821
rules, may delegate duties to review sediment control and water	19822
management plans to its employees, and may enter into agreements	19823
with one or more political subdivisions, other county officials,	19824
or other government agencies, in any combination, in order to	19825
obtain reviews and comments on plans governing erosion control,	19826
sediment control, and water management or to obtain other services	19827
for the administration of the rules adopted under this section.	19828

(D) The board of county commissioners or any duly authorized	19829
representative of the board may, upon identification to the owner	19830
or person in charge, enter any land upon obtaining agreement with	19831
the owner, tenant, or manager of the land in order to determine	19832
whether there is compliance with the rules adopted under this	19833
section. If the board or its duly authorized representative is	19834
unable to obtain such an agreement, the board or representative	19835
may apply for, and a judge of the court of common pleas for the	19836
county where the land is located may issue, an appropriate	19837
inspection warrant as necessary to achieve the purposes of this	19838
chapter.	19839

(E)(1) If the board of county commissioners or its duly	19840
authorized representative determines that a violation of the rules	19841
adopted under this section exists, the board or representative may	19842
issue an immediate stop work order if the violator failed to	19843
obtain any federal, state, or local permit necessary for sediment	19844
and erosion control, earth movement, clearing, or cut and fill	19845
activity. In addition, if the board or representative determines	19846
such a rule violation exists, regardless of whether or not the	19847
violator has obtained the proper permits, the board or	19848
representative may authorize the issuance of a notice of	19849
violation. If, after a period of not less than thirty days has	19850
elapsed following the issuance of the notice of violation, the	19851
violation continues, the board or its duly authorized	19852
representative shall issue a second notice of violation. Except as	19853
provided in division (E)(3) of this section, if, after a period of	19854
not less than fifteen days has elapsed following the issuance of	19855
the second notice of violation, the violation continues, the board	19856
or its duly authorized representative may issue a stop work order	19857
after first obtaining the written approval of the prosecuting	19858
attorney of the county if, in the opinion of the prosecuting	19859
attorney, the violation is egregious.	19860

Once a stop work order is issued, the board or its duly	19861
authorize representative shall request, in writing, the	19862
prosecuting attorney of the county to seek an injunction or other	19863
appropriate relief in the court of common pleas to abate excessive	19864
erosion or sedimentation and secure compliance with the rules	19865
adopted under this section. If the prosecuting attorney seeks an	19866
injunction or other appropriate relief, then, in granting relief,	19867
the court of common pleas may order the construction of sediment	19868
control improvements or implementation of other control measures	19869
and may assess a civil fine of not less than one hundred or more	19870
than five hundred dollars. Each day of violation of a rule or stop	19871
work order issued under this section shall be considered a	19872
separate violation subject to a civil fine.	19873

(2) The person to whom a stop work order is issued under this	19874
section may appeal the order to the court of common pleas of the	19875
county in which it was issued, seeking any equitable or other	19876
appropriate relief from that order.	19877

(3) No stop work order shall be issued under this section	19878
against any public highway, transportation, or drainage	19879
improvement or maintenance project undertaken by a government	19880
agency or political subdivision in accordance with a statement of	19881
its standard sediment control policies that is approved by the	19882
board or the chief of the division of soil and water resources in	19883
the department of natural resources.	19884

(F) No person shall violate any rule adopted or order issued	19885
under this section. Notwithstanding division (E) of this section,	19886
if the board of county commissioners determines that a violation	19887
of any rule adopted or administrative order issued under this	19888
section exists, the board may request, in writing, the prosecuting	19889
attorney of the county to seek an injunction or other appropriate	19890
relief in the court of common pleas to abate excessive erosion or	19891
sedimentation and secure compliance with the rules or order. In	19892
granting relief, the court of common pleas may order the	19893
construction of sediment control improvements or implementation of	19894
other control measures and may assess a civil fine of not less	19895
than one hundred or more than five hundred dollars. Each day of	19896
violation of a rule adopted or administrative order issued under	19897
this section shall be considered a separate violation subject to a	19898
civil fine.	19899

Sec. 307.791. The question of repeal of a county sediment	19900
control rule adopted under section 307.79 of the Revised Code may	19901
be initiated by filing with the board of elections of the county	19902
not less than ninety days before the general or primary election	19903
in any year a petition requesting that an election be held on such	19904
question. Such petition shall be signed by qualified electors	19905
residing in the county equal in number to ten per cent of those	19906
voting for governor at the most recent gubernatorial election in	19907
the county.	19908

After determination by it that such petition is valid, the	19909
board of elections shall submit the question to the electors of	19910
the county at the next general or primary election. The election	19911
shall be conducted, canvassed, and certified in the same manner as	19912
regular elections for county offices in the county. Notice of the	19913
election shall be published in a newspaper of general circulation	19914
in the county once a week for two consecutive weeks prior to the	19915
election ~~and, if~~or as provided in section 7.16 of the Revised	19916
Code. If the board of elections operates and maintains a web site,	19917
notice of the election also shall be posted on that web site for	19918
thirty days prior to the election. The notice shall state the	19919
purpose, time, and place of the election and ~~the complete text~~a	19920
succinct summary of each rule sought to be repealed. The form of	19921
the ballot cast at such election shall be prescribed by the	19922
secretary of state. The question covered by such petition shall be	19923
submitted as a separate proposition, but it may be printed on the	19924
same ballot with any other proposition submitted at the same	19925
election other than the election of officers. If a majority of the	19926
qualified electors voting on the question of repeal approve the	19927
repeal, the result of the election shall be certified immediately	19928
after the canvass by the board of elections to the board of county	19929
commissioners, who shall thereupon rescind the rule.	19930

Sec. 307.80. The board of county commissioners of any county	19931
may, by resolution, establish a county microfilming board. The	19932
county microfilming board shall consist of the county treasurer or	19933
~~his~~the treasurer's representative, the county auditor or ~~his~~the	19934
auditor's representative, the clerk of the court of common pleas	19935
or ~~his~~the clerk's representative, a member or representative of	19936
the board of county commissioners chosen by the board of county	19937
commissioners, and the county recorder or ~~his~~the recorder's	19938
representative who shall serve as secretary.	19939

After the initial meeting of the county microfilming board,	19940
no county office shall purchase, lease, operate, or contract for	19941
the use of any microfilming or other image processing equipment,	19942
software, or services without prior approval of the board.	19943

As used in sections 307.80 to 307.806 of the Revised Code,	19944
"county office" means any officer, department, board, commission,	19945
agency, court, or other office of the county and the court of	19946
common pleas. The county hospital shall not be considered a	19947
"county office" when the county hospital uses microfilming to	19948
record and store for future access physical and psychiatric	19949
examinations or treatment records of its patients. The county	19950
hospital shall participate, at the request of the county	19951
microfilming board, in purchasing film and equipment and in	19952
entering into contracts for services for microfilming.	19953

Sec. 307.801. Within ninety days after a county microfilming	19954
board has been established, it shall hold its initial meeting at	19955
such time as the secretary of the board determines. Thereafter,	19956
the board shall meet annually on the ~~third~~second Monday in	19957
January and at such other times and places as the secretary	19958
determines. The secretary shall, within five days after receiving	19959
a written request from any other member of the board, call the	19960
board together for a meeting. A majority of the board constitutes	19961
a quorum at any regular or special meeting.	19962

The board may, by unanimous consent, adopt such rules as it	19963
considers necessary for its operation, but no rule of the board	19964
shall derogate the authority or responsibility of any elected	19965
official.	19966

Sec. 307.802. The county microfilming board shall coordinate	19967
the use of all microfilming or image processing equipment,	19968
software, or services in use throughout the county offices at the	19969
time the board is established.	19970

The board may, in writing, authorize any county office to	19971
contract for microfilming or image processing services, or operate	19972
or acquire microfilming or image processing equipment or software,	19973
where the board determines such action is desirable. The	19974
authorization shall be signed by a majority of the members of the	19975
board and shall be filed in the office of the board of county	19976
commissioners.	19977

The county microfilming board may establish a microfilming	19978
center which shall provide a centralized system for the use of	19979
microfilming or image processing equipment, software, or services	19980
for all county offices.	19981

Sec. 307.803. The board of county commissioners may	19982
purchase, lease, or otherwise acquire any microfilming or image	19983
processing equipment, software, or services that the board	19984
determines is necessary, or that the county microfilming board or	19985
county board of information services and records management	19986
authorizes, from funds budgeted and appropriated by the board of	19987
county commissioners for such purposes.	19988

Sec. 307.806. The county microfilming board may enter into a	19989
contract with the legislative authorities of any municipal	19990
corporation, township, port authority, water or sewer district,	19991
school district, library district, county law library association,	19992
health district, park district, soil and water conservation	19993
district, conservancy district, other taxing district, regional	19994
council established pursuant to Chapter 167. of the Revised Code,	19995
or otherwise, county land reutilization corporation organized	19996
under Chapter 1724. of the Revised Code, or with the board of	19997
county commissioners or the microfilming board of any other	19998
county, or with any other federal or state governmental agency,	19999
and such authorities may enter into contracts with the county	20000
microfilming board, to provide microfilming or image processing	20001
services to any of them. The board shall establish a schedule of	20002
charges upon which the cost of providing such services shall be	20003
based. All moneys collected by the board for services rendered	20004
pursuant to contracts entered into under this section shall be	20005
deposited in the county general fund; however, such moneys may be	20006
segregated into a special fund in the county treasury until the	20007
end of the calendar year. County offices may also be charged for	20008
such services and the appropriation so charged and the	20009
appropriation of the board so credited.	20010

Sec. 307.81. (A) Where lands have been dedicated to or for	20011
the use of the public for parks or park lands, and where such	20012
lands have remained unimproved and unused by the public and there	20013
appears to be little or no possibility that such lands will be	20014
improved and used by the public, the board of county commissioners	20015
of the county in which the lands are located may, by resolution,	20016
declare such parks or park lands vacated upon the petition of a	20017
majority of the abutting freeholders. No such parks or park lands	20018
shall be vacated unless notice of the pendency and prayer of the	20019
petition is given in a newspaper of general circulation in the	20020
county in which such lands are situated for three consecutive	20021
weeks preceding action on such petition or as provided in section	20022
7.16 of the Revised Code. No such lands shall be vacated prior to	20023
a public hearing had thereon.	20024

(B) Before the board of county commissioners may act on a	20025
petition to vacate unimproved and unused parks or park lands under	20026
division (A) of this section, the board shall offer such parks or	20027
park lands to all political subdivisions described in division (C)	20028
of this section. The board shall give notice to those political	20029
subdivisions by first class mail that the parks or park lands may	20030
be declared vacated unless the board of county commissioners	20031
accepts an offer from another political subdivision to buy or	20032
lease the lands. The failure of delivery of any such notice does	20033
not invalidate any proceedings for the disposition of parks or	20034
park lands under this division. Any such political subdivision	20035
that wishes to buy or lease the parks or park lands shall make an	20036
offer for the lands to the board in writing not later than ninety	20037
days after receiving the notice. The board may reject any offer,	20038
except that if it receives an offer in which the political	20039
subdivision agrees to use the lands for park purposes and in which	20040
the board finds all of the other terms acceptable, the board shall	20041
accept that offer. No offer shall be accepted until notice of the	20042
offer is published for three consecutive weeks in a newspaper of	20043
general circulation in the county in which the lands are situated	20044
or as provided in section 7.16 of the Revised Code, and a public	20045
hearing is held. Proceeds from the sale or lease of the lands	20046
shall be placed in the general fund of the county and be disbursed	20047
as prescribed in section 307.82 of the Revised Code. Any deed	20048
conveying the lands shall be executed as provided in that section.	20049

(C) In order to receive a notice or to make an offer	20050
regarding parks or park lands under division (B) of this section,	20051
a political subdivision must meet both of the following	20052
conditions:	20053

(1) Have the authority to acquire, develop, and maintain	20054
public parks or recreation areas;	20055

(2) Contain the parks or park lands in question within its	20056
boundaries, or adjoin a political subdivision that contains those	20057
parks or park lands within its boundaries.	20058

Sec. 307.82. Upon the vacation of parks or park lands, the	20059
board of county commissioners shall offer such lands for sale at a	20060
public auction at the courthouse of the county in which such lands	20061
are situated. No lands shall be sold until the board gives notice	20062
of intention to sell such lands. Such notice shall be published	20063
once a week for four consecutive weeks in a newspaper of general	20064
circulation in the county in which sale is to be had or as	20065
provided in section 7.16 of the Revised Code. The board shall sell	20066
such lands to the highest and best bidder, provided, the board may	20067
reject any and all bids made hereunder.	20068

When such sale is made, the auditor of the county in which	20069
sale is had and in which such lands are located, shall enter into	20070
a deed, conveying said lands to the purchaser thereof. At the time	20071
of sale, the auditor shall place the lands sold hereunder on the	20072
tax duplicate of the county at a value to be established by ~~him~~	20073
the auditor as in cases where hethe auditor re-enters property	20074
which has been tax exempt on the taxable list of the county.	20075

The proceeds from the sale of lands sold pursuant to this	20076
section shall be placed in the general fund of the county in which	20077
such lands are located and may be disbursed as other general fund	20078
moneys.	20079

Sec. 307.83. When real estate which has been dedicated to or	20080
for the use of the public for parks or park lands is vacated by	20081
the board of county commissioners pursuant to division (A) of	20082
section 307.81 of the Revised Code or is to be sold or leased for	20083
nonpark use under division (B) of that section, and where	20084
reversionary interests have been set up in the event of the	20085
non-use of such lands for the dedicated purpose, such reversionary	20086
interests shall accelerate and vest in the holders thereof upon	20087
such vacation, or prior to the acceptance of an offer to buy or	20088
lease the land. Thereupon the auditor of the county shall place	20089
the lands on the tax duplicate of the county in the names of such	20090
reversioners as are known to the board of county commissioners. If	20091
the board is unable to establish the names of such reversioners,	20092
it shall fix a date on or before which claims to such real estate	20093
may be asserted and after which such real estate shall be sold or	20094
leased. The board shall give notice of such date and of the sale	20095
or lease to be held thereafter, once each week for four	20096
consecutive weeks in a newspaper of general circulation in the	20097
county wherein such lands are located or as provided in section	20098
7.16 of the Revised Code. In the event that no claims to such	20099
lands are asserted or found to be valid, the lands shall be sold	20100
pursuant to section 307.82 of the Revised Code in the case of a	20101
vacation of the lands pursuant to division (A) of section 307.81	20102
of the Revised Code, or be sold or leased pursuant to division (B)	20103
of section 307.81 of the Revised Code if an agreement with a	20104
political subdivision is entered into under that division, and the	20105
title of any holders of reversionary interests shall be	20106
extinguished.	20107

Sec. 307.84. The board of county commissioners of any county	20108
may, by resolution, establish a county automatic data processing	20109
board. The board shall consist of the county treasurer or the	20110
county treasurer's representative, the county recorder or the	20111
county recorder's representative, the clerk of the court of common	20112
pleas or the clerk's representative, a member or representative of	20113
the board of county commissioners chosen by the board, two members	20114
or representatives of the board of elections chosen by the board	20115
of elections one of whom shall be a member of the political party	20116
receiving the greatest number of votes at the most recent general	20117
election for the office of governor and one of whom shall be a	20118
member of the political party receiving the second greatest number	20119
of votes at such an election, if the board of elections desires to	20120
participate, and the county auditor or the county auditor's	20121
representative who shall serve as secretary. The members of the	20122
county automatic data processing board may by majority vote add to	20123
the board any additional members whose officers use the facilities	20124
of the board.	20125

After the initial meeting of the county automatic data	20126
processing board, no county office shall purchase, lease, operate,	20127
or contract for the use of any automatic or electronic data	20128
processing or record-keeping equipment, software, or services	20129
without prior approval of the board.	20130

As used in sections 307.84 to 307.846 of the Revised Code,	20131
"county office" means any officer, department, board, commission,	20132
agency, court, or other office of the county, other than a board	20133
of county hospital trustees.	20134

Sec. 307.842. The county automatic data processing board	20135
shall coordinate the use of all automatic or electronic data	20136
processing or record-keeping equipment, software, or services in	20137
use throughout the county offices at the time the board is	20138
established.	20139

The board may, in writing, authorize any county office to	20140
contract for automatic or electronic data processing or	20141
record-keeping services, or operate or acquire automatic or	20142
electronic data processing or record-keeping equipment, where the	20143
board determines such action is desirable. The authorization shall	20144
be signed by a majority of the members of the board and shall be	20145
filed in the office of the board of county commissioners.	20146

The county automatic data processing board may establish an	20147
automatic data processing center which shall provide a centralized	20148
system for the use of automatic or electronic data processing or	20149
record-keeping equipment, software, or services for all county	20150
offices.	20151

Sec. 307.843. The board of county commissioners may	20152
purchase, lease, or otherwise acquire any automatic or electronic	20153
data processing or record-keeping equipment, software, or services	20154
that the board determines is necessary, or that the county	20155
automatic data processing board recommends, from funds budgeted	20156
and appropriated by the board of county commissioners for such	20157
purposes.	20158

Sec. 307.846. The county automatic data processing board may	20159
enter into a contract with the legislative authorities of any	20160
municipal corporation, township, port authority, water or sewer	20161
district, school district, library district, county law library	20162
association, health district, park district, soil and water	20163
conservation district, conservancy district, other taxing	20164
district, regional council established pursuant to Chapter 167. of	20165
the Revised Code, county land reutilization corporation organized	20166
under Chapter 1724. of the Revised Code, or otherwise or with the	20167
board of county commissioners or the automatic data processing	20168
board of any other county, or with any other federal or state	20169
governmental agency, and such authorities or entities may enter	20170
into contracts with the county automatic data processing board, to	20171
provide automatic or electronic data processing or record-keeping	20172
services to any of them. The board shall establish a schedule of	20173
charges upon which the cost of providing such services shall be	20174
based. All moneys collected by the board for services rendered	20175
pursuant to contracts entered into under this section shall be	20176
deposited in the county general fund; however, such moneys may be	20177
segregated into a special fund in the county treasury until the	20178
end of the calendar year. County offices may also be charged for	20179
such services and the appropriation so charged and the	20180
appropriation of the board so credited.	20181

Sec. 307.847. (A) In lieu of having a county records	20182
commission and a county microfilming board, a board of county	20183
commissioners may, by resolution, require the county automatic	20184
data processing board established under section 307.84 of the	20185
Revised Code to coordinate the management of information resources	20186
of the county, the records and information management operations	20187
of all county offices, and the various records and information	20188
technologies acquired and operated by county offices. The	20189
resolution requiring the board to assume these duties shall	20190
specify the date on which the county records commission and the	20191
county microfilming board no longer exist. If the duties of the	20192
county automatic data processing board are expanded under this	20193
section, the prosecuting attorney, county engineer, county	20194
coroner, sheriff, and a judge of the court of common pleas	20195
selected by a majority vote of all judges of the court shall be	20196
added to the membership of the board. Any of these additional	20197
members may designate a representative to serve on that member's	20198
behalf.	20199

After a resolution is adopted under this section, no county	20200
office shall purchase, lease, operate, or contract for the use of	20201
any automatic data processing equipment, software, or services;	20202
microfilming equipment or services; records center or archives	20203
facilities; or any other image processing or electronic data	20204
processing or record-keeping equipment, software, or services	20205
without prior approval of the board. The board may adopt such	20206
rules as it considers necessary for its operation, but no rule	20207
shall derogate the authority or responsibility of any county	20208
elected official. The board's rules may include any regulations or	20209
standards the board wishes to impose. For purposes of this	20210
section, "county office" means any officer, department, board,	20211
commission, agency, court, or other office of the county and the	20212
court of common pleas, except that in the case of microfilming	20213
equipment, "county office" does not include the county hospital	20214
when the county hospital uses microfilming to record and store for	20215
future access physical and psychiatric examinations or treatment	20216
records of its patients. The county hospital shall participate, at	20217
the request of the county automatic data processing board, in	20218
purchasing film and equipment and in entering into contracts for	20219
services for microfilming.	20220

(B) In the resolution expanding the duties of the county	20221
automatic data processing board adopted under this section, the	20222
board of county commissioners shall designate the date on which	20223
all equipment, records, files, effects, and other personal	20224
property; contractual obligations; and assets and liabilities of	20225
the county records commission and the county microfilming board	20226
shall be transferred to the county automatic data processing	20227
board.	20228

For purposes of succession of the functions, powers, duties,	20229
and obligations of the county records commission and the county	20230
microfilming board transferred and assigned to, devolved upon, and	20231
assumed by the county automatic data processing board under this	20232
section, the county automatic data processing board shall be	20233
deemed to constitute the continuation of the county records	20234
commission and the county microfilming board, as applicable.	20235

Any business, proceeding, or other matter undertaken or	20236
commenced by the county records commission or the county	20237
microfilming board pertaining to or connected with the functions,	20238
powers, duties, and obligations transferred or assigned and	20239
pending on the date of the transfer of duties to the county	20240
automatic data processing board shall be conducted, prosecuted or	20241
defended, and completed by the county automatic data processing	20242
board in the same manner and with the same effect as if conducted	20243
by the county records commission or the county microfilming board.	20244
In all such actions and proceedings, the county automatic data	20245
processing board shall be substituted as a party.	20246

All rules, acts, determinations, approvals, and decisions of	20247
the county records commission or the county microfilming board	20248
pertaining to the functions transferred and assigned under this	20249
section to the county automatic data processing board in force at	20250
the time of the transfer, assignment, assumption, or devolution	20251
shall continue in force as rules, acts, determinations, approvals,	20252
and decisions of the county automatic data processing board until	20253
duly modified or repealed by the board.	20254

Wherever the functions, powers, duties, and obligations of	20255
the county records commission or the county microfilming board are	20256
referred to or designated in any law, contract, or other document	20257
pertaining to those functions, powers, duties, and obligations,	20258
the reference or designation shall be deemed to refer to the	20259
county automatic data processing board, as appropriate.	20260

No existing right or remedy of any character shall be lost,	20261
impaired, or affected by reason of the transfer of duties to the	20262
county automatic data processing board, except insofar as those	20263
rights and remedies are administered by the county automatic data	20264
processing board.	20265

(C) Except for provisions regarding the microfilming, the	20266
county automatic data processing board shall have the powers,	20267
duties, and functions of the county records commission as provided	20268
in section 149.38 of the Revised Code and the county microfilming	20269
board as provided in section 307.802 of the Revised Code.	20270

(D) The county automatic data processing board may establish	20271
an automatic data processing center, microfilming center, records	20272
center, archives, and any other centralized or decentralized	20273
facilities it considers necessary to fulfill its duties. Any such	20274
centralized facilities shall be used by all county offices. The	20275
establishment of either centralized or decentralized facilities	20276
shall be contingent on the appropriation of funds by the board of	20277
county commissioners.	20278

The county auditor shall be the chief administrator of either	20279
centralized or decentralized facilities, as provided under section	20280
307.844 of the Revised Code.	20281

The county auditor shall prepare an annual estimate of the	20282
revenues and expenditures of the county automatic data processing	20283
board for the ensuing fiscal year and submit it to the board of	20284
county commissioners as provided in section 5705.28 of the Revised	20285
Code. The estimate shall be sufficient to take care of all the	20286
needs of the county automatic data processing board, including,	20287
but not limited to, salaries, rental, and purchase of equipment.	20288
The board's funds shall be disbursed by the county auditor's	20289
warrant drawn on the county treasury five days after receipt of a	20290
voucher approved by a majority of that board and by a majority of	20291
the board of county commissioners.	20292

On the first Monday in April of each year the county auditor	20293
shall file with the county automatic data processing board and the	20294
board of county commissioners a report of the operations of each	20295
center and a statement of each center's receipts and expenditures	20296
during the preceding calendar year.	20297

(E) With the approval of the board of county commissioners,	20298
the county automatic data processing board may enter into a	20299
contract with the legislative authority of any municipal	20300
corporation, township, port authority, water or sewer district,	20301
school district, library district, county law library association,	20302
health district, park district, soil and water conservation	20303
district, conservancy district, other taxing district, or regional	20304
council established under Chapter 167. of the Revised Code, or	20305
with the board of county commissioners or the automatic data	20306
processing board or microfilming board of any other county, or	20307
with any other federal or state governmental agency, and such	20308
authorities may enter into contracts with the county automatic	20309
data processing board to provide microfilming, automatic data	20310
processing, or other image processing or electronic data	20311
processing or record-keeping services to any of them. The board	20312
shall establish a schedule of charges upon which the cost of	20313
providing such services shall be based. All moneys collected by	20314
the board for services rendered pursuant to contracts entered into	20315
under this section shall be deposited in the county general fund,	20316
although these moneys may be segregated into a special fund in the	20317
county treasury until the end of the calendar year. County offices	20318
also may be charged for such services and the appropriations of	20319
those offices so charged and the appropriation of the county	20320
automatic data processing board so credited.	20321

Sec. 307.86. Anything to be purchased, leased, leased with	20322
an option or agreement to purchase, or constructed, including, but	20323
not limited to, any product, structure, construction,	20324
reconstruction, improvement, maintenance, repair, or service,	20325
except the services of an accountant, architect, attorney at law,	20326
physician, professional engineer, construction project manager,	20327
consultant, surveyor, or appraiser, by or on behalf of the county	20328
or contracting authority, as defined in section 307.92 of the	20329
Revised Code, at a cost in excess of twenty-five thousand dollars,	20330
except as otherwise provided in division (D) of section 713.23 and	20331
in sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 307.041,	20332
307.861, 339.05, 340.03, 340.033, 4115.31 to 4115.35, 5119.16,	20333
5513.01, 5543.19, 5713.01, and 6137.05 of the Revised Code, shall	20334
be obtained through competitive bidding. However, competitive	20335
bidding is not required when any of the following applies:	20336

(A) The board of county commissioners, by a unanimous vote of	20337
its members, makes a determination that a real and present	20338
emergency exists, and that determination and the reasons for it	20339
are entered in the minutes of the proceedings of the board, when	20340
either of the following applies:	20341

(1) The estimated cost is less than fifty thousand dollars.

20342

(2) There is actual physical disaster to structures, radio	20343
communications equipment, or computers.	20344

For purposes of this division, "unanimous vote" means all	20345
three members of a board of county commissioners when all three	20346
members are present, or two members of the board if only two	20347
members, constituting a quorum, are present.	20348

Whenever a contract of purchase, lease, or construction is	20349
exempted from competitive bidding under division (A)(1) of this	20350
section because the estimated cost is less than fifty thousand	20351
dollars, but the estimated cost is twenty-five thousand dollars or	20352
more, the county or contracting authority shall solicit informal	20353
estimates from no fewer than three persons who could perform the	20354
contract, before awarding the contract. With regard to each such	20355
contract, the county or contracting authority shall maintain a	20356
record of such estimates, including the name of each person from	20357
whom an estimate is solicited. The county or contracting authority	20358
shall maintain the record for the longer of at least one year	20359
after the contract is awarded or the amount of time the federal	20360
government requires.	20361

(B)(1) The purchase consists of supplies or a replacement or	20362
supplemental part or parts for a product or equipment owned or	20363
leased by the county, and the only source of supply for the	20364
supplies, part, or parts is limited to a single supplier.	20365

(2) The purchase consists of services related to information	20366
technology, such as programming services, that are proprietary or	20367
limited to a single source.	20368

(C) The purchase is from the federal government, the state,	20369
another county or contracting authority of another county, or a	20370
board of education, educational service center, township, or	20371
municipal corporation.	20372

(D) The purchase is made by a county department of job and	20373
family services under section 329.04 of the Revised Code and	20374
consists of family services duties or workforce development	20375
activities or is made by a county board of developmental	20376
disabilities under section 5126.05 of the Revised Code and	20377
consists of program services, such as direct and ancillary client	20378
services, child care, case management services, residential	20379
services, and family resource services.	20380

(E) The purchase consists of criminal justice services,	20381
social services programs, family services, or workforce	20382
development activities by the board of county commissioners from	20383
nonprofit corporations or associations under programs funded by	20384
the federal government or by state grants.	20385

(F) The purchase consists of any form of an insurance policy	20386
or contract authorized to be issued under Title XXXIX of the	20387
Revised Code or any form of health care plan authorized to be	20388
issued under Chapter 1751. of the Revised Code, or any combination	20389
of such policies, contracts, plans, or services that the	20390
contracting authority is authorized to purchase, and the	20391
contracting authority does all of the following:	20392

(1) Determines that compliance with the requirements of this	20393
section would increase, rather than decrease, the cost of the	20394
purchase;	20395

(2) Requests issuers of the policies, contracts, plans, or	20396
services to submit proposals to the contracting authority, in a	20397
form prescribed by the contracting authority, setting forth the	20398
coverage and cost of the policies, contracts, plans, or services	20399
as the contracting authority desires to purchase;	20400

(3) Negotiates with the issuers for the purpose of purchasing	20401
the policies, contracts, plans, or services at the best and lowest	20402
price reasonably possible.	20403

(G) The purchase consists of computer hardware, software, or	20404
consulting services that are necessary to implement a computerized	20405
case management automation project administered by the Ohio	20406
prosecuting attorneys association and funded by a grant from the	20407
federal government.	20408

(H) Child care services are purchased for provision to county	20409
employees.	20410

(I)(1) Property, including land, buildings, and other real	20411
property, is leased for offices, storage, parking, or other	20412
purposes, and all of the following apply:	20413

(a) The contracting authority is authorized by the Revised	20414
Code to lease the property.	20415

(b) The contracting authority develops requests for proposals	20416
for leasing the property, specifying the criteria that will be	20417
considered prior to leasing the property, including the desired	20418
size and geographic location of the property.	20419

(c) The contracting authority receives responses from	20420
prospective lessors with property meeting the criteria specified	20421
in the requests for proposals by giving notice in a manner	20422
substantially similar to the procedures established for giving	20423
notice under section 307.87 of the Revised Code.	20424

(d) The contracting authority negotiates with the prospective	20425
lessors to obtain a lease at the best and lowest price reasonably	20426
possible considering the fair market value of the property and any	20427
relocation and operational costs that may be incurred during the	20428
period the lease is in effect.	20429

(2) The contracting authority may use the services of a real	20430
estate appraiser to obtain advice, consultations, or other	20431
recommendations regarding the lease of property under this	20432
division.	20433

(J) The purchase is made pursuant to section 5139.34 or	20434
sections 5139.41 to 5139.46 of the Revised Code and is of programs	20435
or services that provide case management, treatment, or prevention	20436
services to any felony or misdemeanant delinquent, unruly youth,	20437
or status offender under the supervision of the juvenile court,	20438
including, but not limited to, community residential care, day	20439
treatment, services to children in their home, or electronic	20440
monitoring.	20441

(K) The purchase is made by a public children services agency	20442
pursuant to section 307.92 or 5153.16 of the Revised Code and	20443
consists of family services, programs, or ancillary services that	20444
provide case management, prevention, or treatment services for	20445
children at risk of being or alleged to be abused, neglected, or	20446
dependent children.	20447

(L) The purchase is to obtain the services of emergency	20448
medical service organizations under a contract made by the board	20449
of county commissioners pursuant to section 307.05 of the Revised	20450
Code with a joint emergency medical services district.	20451

(M) The county contracting authority determines that the use	20452
of competitive sealed proposals would be advantageous to the	20453
county and the contracting authority complies with section 307.862	20454
of the Revised Code.	20455

Any issuer of policies, contracts, plans, or services listed	20456
in division (F) of this section and any prospective lessor under	20457
division (I) of this section may have the issuer's or prospective	20458
lessor's name and address, or the name and address of an agent,	20459
placed on a special notification list to be kept by the	20460
contracting authority, by sending the contracting authority that	20461
name and address. The contracting authority shall send notice to	20462
all persons listed on the special notification list. Notices shall	20463
state the deadline and place for submitting proposals. The	20464
contracting authority shall mail the notices at least six weeks	20465
prior to the deadline set by the contracting authority for	20466
submitting proposals. Every five years the contracting authority	20467
may review this list and remove any person from the list after	20468
mailing the person notification of that action.	20469

Any contracting authority that negotiates a contract under	20470
division (F) of this section shall request proposals and negotiate	20471
with issuers in accordance with that division at least every three	20472
years from the date of the signing of such a contract, unless the	20473
parties agree upon terms for extensions or renewals of the	20474
contract. Such extension or renewal periods shall not exceed six	20475
years from the date the initial contract is signed.	20476

Any real estate appraiser employed pursuant to division (I)	20477
of this section shall disclose any fees or compensation received	20478
from any source in connection with that employment.	20479

Sec. 308.13. (A) The board of trustees of a regional airport	20480
authority or any officer or employee designated by such board may	20481
make any contract for the purchase of supplies or material or for	20482
labor for any work, under the supervision of the board, the cost	20483
of which shall not exceed fifteen thousand dollars. Except where	20484
the contract is for equipment, materials, or supplies available	20485
from a qualified nonprofit agency pursuant to sections 4115.31 to	20486
4115.35 of the Revised Code, when an expenditure, other than for	20487
the acquisition of real estate, the discharge of noncontractual	20488
claims, personal services, or for the product or services of	20489
public utilities, exceeds fifteen thousand dollars, such	20490
expenditure shall be made only after a notice calling for bids has	20491
been published once a week for three consecutive weeks in ~~at least~~	20492
~~one~~a newspaper of general circulation within the territorial	20493
boundaries of the regional airport authority, or as provided in	20494
section 7.16 of the Revised Code. If the bid is for a contract for	20495
the construction, demolition, alteration, repair, or	20496
reconstruction of an improvement, it shall meet the requirements	20497
of section 153.54 of the Revised Code. If the bid is for any other	20498
contract authorized by this section, it shall be accompanied by a	20499
good and approved bond with ample security conditioned on the	20500
carrying out of the contract. The board may let the contract to	20501
the lowest and best bidder. Such contract shall be in writing and	20502
shall be accompanied by or shall refer to plans and specifications	20503
for the work to be done, approved by the board. The plans and	20504
specifications shall at all times be made and considered part of	20505
the contract. Said contract shall be approved by the board and	20506
signed by its chief executive officer and by the contractor, and	20507
shall be executed in duplicate.	20508

(B) Whenever a board of trustees of a regional airport	20509
authority or any officer or employee designated by the board makes	20510
a contract for the purchase of supplies or material or for labor	20511
for any work, the cost of which is greater than one thousand	20512
dollars but no more than fifteen thousand dollars, the board or	20513
designated officer or employee shall solicit informal estimates	20514
from no fewer than three potential suppliers before awarding the	20515
contract. With regard to each such contract, the board shall	20516
maintain a record of such estimates, including the name of each	20517
person from whom an estimate is solicited, for no less than one	20518
year after the contract is awarded.	20519

Sec. 311.29. (A) As used in this section, "Chautauqua	20520
assembly" has the same meaning as in section 4511.90 of the	20521
Revised Code.	20522

(B) The sheriff may, from time to time, enter into contracts	20523
with any municipal corporation, township, township police	20524
district, joint police district, metropolitan housing authority,	20525
port authority, water or sewer district, school district, library	20526
district, health district, park district created pursuant to	20527
section 511.18 or 1545.01 of the Revised Code, soil and water	20528
conservation district, water conservancy district, or other taxing	20529
district or with the board of county commissioners of any	20530
contiguous county with the concurrence of the sheriff of the other	20531
county, and such subdivisions, authorities, and counties may enter	20532
into agreements with the sheriff pursuant to which the sheriff	20533
undertakes and is authorized by the contracting subdivision,	20534
authority, or county to perform any police function, exercise any	20535
police power, or render any police service in behalf of the	20536
contracting subdivision, authority, or county, or its legislative	20537
authority, that the subdivision, authority, or county, or its	20538
legislative authority, may perform, exercise, or render.	20539

Upon the execution of an agreement under this division and	20540
within the limitations prescribed by it, the sheriff may exercise	20541
the same powers as the contracting subdivision, authority, or	20542
county possesses with respect to such policing that by the	20543
agreement the sheriff undertakes to perform or render, and all	20544
powers necessary or incidental thereto, as amply as such powers	20545
are possessed and exercised by the contracting subdivision,	20546
authority, or county directly.	20547

Any agreement authorized by division (A), (B), or (C) of this	20548
section shall not suspend the possession by a contracting	20549
subdivision, authority, or county of any police power performed or	20550
exercised or police service rendered in pursuance to the agreement	20551
nor limit the authority of the sheriff.	20552

(C) The sheriff may enter into contracts with any Chautauqua	20553
assembly that has grounds located within the county, and the	20554
Chautauqua assembly may enter into agreements with the sheriff	20555
pursuant to which the sheriff undertakes to perform any police	20556
function, exercise any police power, or render any police service	20557
upon the grounds of the Chautauqua assembly that the sheriff is	20558
authorized by law to perform, exercise, or render in any other	20559
part of the county within the sheriff's territorial jurisdiction.	20560
Upon the execution of an agreement under this division, the	20561
sheriff may, within the limitations prescribed by the agreement,	20562
exercise such powers with respect to such policing upon the	20563
grounds of the Chautauqua assembly, provided that any limitation	20564
contained in the agreement shall not be construed to limit the	20565
authority of the sheriff.	20566

(D) Contracts entered into under division (A), (B), or (C) of	20567
this section shall provide for the reimbursement of the county for	20568
the costs incurred by the sheriff for such policing including, but	20569
not limited to, the salaries of deputy sheriffs assigned to such	20570
policing, the current costs of funding retirement pensions and of	20571
providing workers' compensation, the cost of training, and the	20572
cost of equipment and supplies used in such policing, to the	20573
extent that such equipment and supplies are not directly furnished	20574
by the contracting subdivision, authority, county, or Chautauqua	20575
assembly. Each such contract shall provide for the ascertainment	20576
of such costs and shall be of any duration, not in excess of four	20577
years, and may contain any other terms that may be agreed upon.	20578
All payments pursuant to any such contract in reimbursement of the	20579
costs of such policing shall be made to the treasurer of the	20580
county to be credited to a special fund to be known as the	20581
"sheriff's policing revolving fund," hereby created. Any moneys	20582
coming into the fund shall be used for the purposes provided in	20583
divisions (A) to (D) of this section and paid out on vouchers by	20584
the county commissioners as other funds coming into their	20585
possession. Any moneys credited to the fund and not obligated at	20586
the termination of the contract shall be credited to the county	20587
general fund.	20588

The sheriff shall assign the number of deputies as may be	20589
provided for in any contract made pursuant to division (A), (B),	20590
or (C) of this section. The number of deputies regularly assigned	20591
to such policing shall be in addition to and an enlargement of the	20592
sheriff's regular number of deputies. Nothing in divisions (A) to	20593
(D) of this section shall preclude the sheriff from temporarily	20594
increasing or decreasing the deputies so assigned as emergencies	20595
indicate a need for shifting assignments to the extent provided by	20596
the contracts.	20597

All such deputies shall have the same powers and duties, the	20598
same qualifications, and be appointed and paid and receive the	20599
same benefits and provisions and be governed by the same laws as	20600
all other deputy sheriffs.	20601

Contracts under division (A), (B), or (C) of this section may	20602
be entered into jointly with the board of county commissioners,	20603
and sections 307.14 to 307.19 of the Revised Code apply to this	20604
section insofar as they may be applicable.	20605

(E)(1) As used in division (E) of this section:

20606

(a) "Ohio prisoner" has the same meaning as in section	20607
5120.64 of the Revised Code.	20608

(b) "Out-of-state prisoner" and "private contractor" have the	20609
same meanings as in section 9.07 of the Revised Code.	20610

(2) The sheriff may enter into a contract with a private	20611
person or entity for the return of Ohio prisoners who are the	20612
responsibility of the sheriff from outside of this state to a	20613
location in this state specified by the sheriff, if there are	20614
adequate funds appropriated by the board of county commissioners	20615
and there is a certification pursuant to division (D) of section	20616
5705.41 of the Revised Code that the funds are available for this	20617
purpose. A contract entered into under this division is within the	20618
coverage of section 325.07 of the Revised Code. If a sheriff	20619
enters into a contract as described in this division, subject to	20620
division (E)(3) of this section, the private person or entity in	20621
accordance with the contract may return Ohio prisoners from	20622
outside of this state to locations in this state specified by the	20623
sheriff. A contract entered into under this division shall include	20624
all of the following:	20625

(a) Specific provisions that assign the responsibility for	20626
costs related to medical care of prisoners while they are being	20627
returned that is not covered by insurance of the private person or	20628
entity;	20629

(b) Specific provisions that set forth the number of days,	20630
not exceeding ten, within which the private person or entity,	20631
after it receives the prisoner in the other state, must deliver	20632
the prisoner to the location in this state specified by the	20633
sheriff, subject to the exceptions adopted as described in	20634
division (E)(2)(c) of this section;	20635

(c) Any exceptions to the specified number of days for	20636
delivery specified as described in division (E)(2)(b) of this	20637
section;	20638

(d) A requirement that the private person or entity	20639
immediately report all escapes of prisoners who are being returned	20640
to this state, and the apprehension of all prisoners who are being	20641
returned and who have escaped, to the sheriff and to the local law	20642
enforcement agency of this state or another state that has	20643
jurisdiction over the place at which the escape occurs;	20644

(e) A schedule of fines that the sheriff shall impose upon	20645
the private person or entity if the private person or entity fails	20646
to perform its contractual duties, and a requirement that, if the	20647
private person or entity fails to perform its contractual duties,	20648
the sheriff shall impose a fine on the private person or entity	20649
from the schedule of fines and, in addition, may exercise any	20650
other rights the sheriff has under the contract.	20651

(f) If the contract is entered into on or after the effective	20652
date of the rules adopted by the department of rehabilitation and	20653
correction under section 5120.64 of the Revised Code, specific	20654
provisions that comport with all applicable standards that are	20655
contained in those rules.	20656

(3) If the private person or entity that enters into the	20657
contract fails to perform its contractual duties, the sheriff	20658
shall impose upon the private person or entity a fine from the	20659
schedule, the money paid in satisfaction of the fine shall be paid	20660
into the county treasury, and the sheriff may exercise any other	20661
rights the sheriff has under the contract. If a fine is imposed	20662
under this division, the sheriff may reduce the payment owed to	20663
the private person or entity pursuant to any invoice in the amount	20664
of the fine.	20665

(4) Upon the effective date of the rules adopted by the	20666
department of rehabilitation and correction under section 5120.64	20667
of the Revised Code, notwithstanding the existence of a contract	20668
entered into under division (E)(2) of this section, in no case	20669
shall the private person or entity that is a party to the contract	20670
return Ohio prisoners from outside of this state into this state	20671
for a sheriff unless the private person or entity complies with	20672
all applicable standards that are contained in the rules.	20673

(5) Divisions (E)(1) to (4) of this section do not apply	20674
regarding any out-of-state prisoner who is brought into this state	20675
to be housed pursuant to section 9.07 of the Revised Code in a	20676
correctional facility in this state that is managed and operated	20677
by a private contractor.	20678

Sec. 311.31. (A) The board of county commissioners of a	20679
county may establish, by resolution, a voluntary motor vehicle	20680
decal registration program to be controlled and conducted by the	20681
sheriff within the unincorporated areas of the county. The board	20682
may establish a fee for participation in the program in an amount	20683
sufficient to cover the cost of administering the program and the	20684
cost of the decals. The board shall coordinate its program with	20685
any pre-existing program established by a township located within	20686
the county under section 505.67 of the Revised Code.	20687

(B) Any resident of the county may enroll a motor vehicle	20688
that hethe resident owns in the program by signing a consent	20689
form, displaying the decal issued under this section, and paying	20690
the prescribed fee. The motor vehicle owner shall remove the decal	20691
to withdraw from the program and also prior to the sale or	20692
transfer of ownership of the vehicle. Any law enforcement officer	20693
may conduct, at any place within this state at which the officer	20694
would be permitted to arrest the person operating the vehicle, an	20695
investigatory stop of any motor vehicle displaying a decal issued	20696
under this section when the vehicle is being driven between the	20697
hours of one a.m. and five a.m. A law enforcement officer may	20698
conduct an investigatory stop under this division regardless of	20699
whether the officer observes a violation of law involving the	20700
vehicle or whether hethe officer has probable cause to believe	20701
that any violation of law involving the vehicle has occurred.	20702

(C) The consent form required under division (B) of this	20703
section shall:	20704

(1) Describe the conditions for participation in the program,	20705
including a description of an investigatory stop and a statement	20706
that any law enforcement officer may conduct, at any place within	20707
this state at which the officer would be permitted to arrest the	20708
person operating the vehicle, an investigatory stop of the motor	20709
vehicle when it is being driven between the hours of one a.m. and	20710
five a.m.	20711

(2) Contain other information identifying the vehicle and	20712
owner as the sheriff considers necessary.	20713

(D) The state director of public safety, in accordance with	20714
Chapter 119. of the Revised Code, shall adopt rules governing the	20715
color, size, and design of decals issued under this section and	20716
the location where the decals shall be displayed on vehicles that	20717
are enrolled in the program.	20718

(E) Divisions (A) to (D) of this section do not require a law	20719
enforcement officer to conduct an investigatory stop of a vehicle	20720
displaying a decal issued under this section.	20721

(F) As used in this section:

20722

(1) "Investigatory stop" means a temporary stop of a motor	20723
vehicle and its operator and occupants for purposes of determining	20724
the identity of the person who is operating the vehicle and, if	20725
the person who is operating it is not its owner, whether any	20726
violation of law has occurred or is occurring. An "investigatory	20727
stop" is not an arrest, but, if an officer who conducts an	20728
investigatory stop determines that illegal conduct has occurred or	20729
is ~~occuring~~occurring, an "investigatory stop" may be the basis	20730
for an arrest.	20731

(2) "Law enforcement officer" means a sheriff, deputy	20732
sheriff, constable, police officer of a township or joint ~~township~~	20733
police district, marshal, deputy marshal, municipal police	20734
officer, or state highway patrol trooper.	20735

Sec. 317.06. (A) Each county recorder who is newly elected	20736
to a full term of office shall attend and successfully complete at	20737
least fifteen hours of continuing education courses during the	20738
first year of the recorder's term of office and complete at least	20739
another eight hours of such courses each year of the remaining	20740
term. Each county recorder who is elected to a subsequent term of	20741
office shall attend and successfully complete at least eight hours	20742
of such courses in each year of any subsequent term of office. To	20743
be counted toward the continuing education hours required by this	20744
section, a course must be approved by the Ohio recorders'	20745
association. Any county recorder who teaches an approved course	20746
shall be entitled to credit for the course in the same manner as	20747
if the county recorder had attended the course.	20748

The Ohio recorders' association shall record and, upon	20749
request, verify the completion of required course work for each	20750
county recorder and issue a statement to each county recorder of	20751
the number of hours of continuing education the county recorder	20752
has successfully completed. Each year the association shall send a	20753
list of the continuing education courses, and the number of hours	20754
each county recorder has successfully completed, to the auditor of	20755
state and shall provide a copy of this list to any other	20756
individual who requests it.	20757

The association shall issue a "failure to complete notice" to	20758
any county recorder required to complete continuing education	20759
courses under this section who fails to successfully complete at	20760
least fifteen hours of continuing education courses during the	20761
first year of the county recorder's first term of office or to	20762
complete a total of at least thirty-nine hours of such courses,	20763
including the fifteen hours completed in the first year of the	20764
first term, by the end of that term. The association shall issue a	20765
"failure to complete notice" to any county recorder required to	20766
complete continuing education courses under this section who fails	20767
to successfully complete at least eight hours of continuing	20768
education courses each year of any subsequent term of office or to	20769
complete a total of at least thirty-two hours of such courses, by	20770
the end of that subsequent term. The notice is for informational	20771
purposes only and does not affect any individual's ability to hold	20772
the office of county recorder.	20773

(B) Each board of county commissioners shall approve, from	20774
money appropriated to the county recorder, a reasonable amount	20775
requested by the county recorder of its county to cover the costs	20776
the county recorder must incur to meet the requirements of	20777
division (A) of this section, including registration fees, lodging	20778
and meal expenses, and travel expenses.	20779

Sec. 317.20. (A) When, in the opinion of the board of county	20780
commissioners, sectional indexes are needed and it so directs, in	20781
addition to the alphabetical indexes provided for in section	20782
317.18 of the Revised Code, the board may provide for making, in	20783
books prepared for that purpose, sectional indexes to the records	20784
of all real estate in the county beginning with some designated	20785
year and continuing through the period of years that the board	20786
specifies. The sectional indexes shall place under the heads of	20787
the original surveyed sections or surveys, parts of a section or	20788
survey, squares, subdivisions, permanent parcel numbers provided	20789
for under section 319.28 of the Revised Code, or lots, on the	20790
left-hand page or on the upper portion of that page of the index	20791
book, the name of the grantor, then the name of the grantee, then	20792
the number and page of the record in which the instrument is found	20793
recorded, then the character of the instrument, and then a	20794
pertinent description of the interest in property conveyed by the	20795
deed, lease, or assignment of lease and shall place under similar	20796
headings on the right-hand page or on the lower portion of that	20797
page of the index book, beginning at the bottom, all the	20798
mortgages, liens, notices provided for in sections 5301.51,	20799
5301.52, and 5301.56 of the Revised Code, or other encumbrances	20800
affecting the real estate.	20801

(B) The compensation for the services rendered under this	20802
section shall be paid from the general revenue fund of the county,	20803
and no additional levy shall be made in consequence of the	20804
services.	20805

(C) If the board of county commissioners decides to have	20806
sectional indexes made, it shall advertise for three consecutive	20807
weeks in one newspaper of general circulation in the county or as	20808
provided in section 7.16 of the Revised Code for sealed proposals	20809
to do the work provided for in this section, shall contract with	20810
the lowest and best bidder, and shall require the successful	20811
bidder to give a bond for the faithful performance of the contract	20812
in the sum that the board fixes. The work shall be done to the	20813
acceptance of the auditor of state upon allowance by the board.	20814
The board may reject any and all bids for the work, provided that	20815
no more than five cents shall be paid for each entry of each tract	20816
or lot of land.	20817

(D) When the sectional indexes are brought up and completed,	20818
the county recorder shall maintain the indexes and comply with	20819
division (E) of this section in connection with registered land.	20820

(E)(1) As used in division (E) of this section, "housing	20821
accommodations" and "restrictive covenant" have the same meanings	20822
as in section 4112.01 of the Revised Code.	20823

(2) In connection with any transfer of registered land that	20824
occurs on and after ~~the effective date of this amendment~~March30,	20825
1999, in accordance with Chapters 5309. and 5310. of the Revised	20826
Code, the county recorder shall delete from the sectional indexes	20827
maintained under this section all references to any restrictive	20828
covenant that appears to apply to the transferred registered land,	20829
if any inclusion of the restrictive covenant in a transfer,	20830
rental, or lease of housing accommodations, any honoring or	20831
exercising of the restrictive covenant, or any attempt to honor or	20832
exercise the restrictive covenant constitutes an unlawful	20833
discriminatory practice under division (H)(9) of section 4112.02	20834
of the Revised Code.	20835

Sec. 319.11. The county auditor shall, on or before ninety	20836
days after the close of the fiscal year, prepare a financial	20837
report of the county for the preceding fiscal year in such form as	20838
prescribed by the auditor of state. Upon completing the report,	20839
the county auditor shall publish notice that the report has been	20840
completed and is available for public inspection at the office of	20841
the county auditor. The notice shall be published once in ~~two~~	20842
~~newspapers~~a newspaper of general circulation ~~published~~ in the	20843
county~~, except that if only one newspaper is published in the~~	20844
~~county, then publication in only one newspaper is required, and~~	20845
if. If there ~~are~~is no ~~newspapers~~newspaper of general circulation	20846
in the county, then publication is required in the newspaper of	20847
general circulation in an adjoining county that has the largest	20848
circulation in ~~the~~that adjoining county. The report shall contain	20849
at least the information required by section 117.38 of the Revised	20850
Code, and a copy shall be filed with the auditor of state.	20851

No county auditor shall fail or neglect to prepare the report	20852
or publish notice of completion of the report as required by this	20853
section.	20854

Sec. 319.301. (A) The reductions required by division (D) of	20855
this section do not apply to any of the following:	20856

(1) Taxes levied at whatever rate is required to produce a	20857
specified amount of tax money, including a tax levied under	20858
section 5705.199 or, 5705.211, or 5748.09 of the Revised Code, or	20859
an amount to pay debt charges;	20860

(2) Taxes levied within the one per cent limitation imposed	20861
by Section 2 of Article XII, Ohio Constitution;	20862

(3) Taxes provided for by the charter of a municipal	20863
corporation.	20864

(B) As used in this section:

20865

(1) "Real property" includes real property owned by a	20866
railroad.	20867

(2) "Carryover property" means all real property on the	20868
current year's tax list except:	20869

(a) Land and improvements that were not taxed by the district	20870
in both the preceding year and the current year;	20871

(b) Land and improvements that were not in the same class in	20872
both the preceding year and the current year.	20873

(3) "Effective tax rate" means with respect to each class of	20874
property:	20875

(a) The sum of the total taxes that would have been charged	20876
and payable for current expenses against real property in that	20877
class if each of the district's taxes were reduced for the current	20878
year under division (D)(1) of this section without regard to the	20879
application of division (E)(3) of this section divided by	20880

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

20881

(4) "Taxes charged and payable" means the taxes charged and	20882
payable prior to any reduction required by section 319.302 of the	20883
Revised Code.	20884

(C) The tax commissioner shall make the determinations	20885
required by this section each year, without regard to whether a	20886
taxing district has territory in a county to which section 5715.24	20887
of the Revised Code applies for that year. Separate determinations	20888
shall be made for each of the two classes established pursuant to	20889
section 5713.041 of the Revised Code.	20890

(D) With respect to each tax authorized to be levied by each	20891
taxing district, the tax commissioner, annually, shall do both of	20892
the following:	20893

(1) Determine by what percentage, if any, the sums levied by	20894
such tax against the carryover property in each class would have	20895
to be reduced for the tax to levy the same number of dollars	20896
against such property in that class in the current year as were	20897
charged against such property by such tax in the preceding year	20898
subsequent to the reduction made under this section but before the	20899
reduction made under section 319.302 of the Revised Code. In the	20900
case of a tax levied for the first time that is not a renewal of	20901
an existing tax, the commissioner shall determine by what	20902
percentage the sums that would otherwise be levied by such tax	20903
against carryover property in each class would have to be reduced	20904
to equal the amount that would have been levied if the full rate	20905
thereof had been imposed against the total taxable value of such	20906
property in the preceding tax year. A tax or portion of a tax that	20907
is designated a replacement levy under section 5705.192 of the	20908
Revised Code is not a renewal of an existing tax for purposes of	20909
this division.	20910

(2) Certify each percentage determined in division (D)(1) of	20911
this section, as adjusted under division (E) of this section, and	20912
the class of property to which that percentage applies to the	20913
auditor of each county in which the district has territory. The	20914
auditor, after complying with section 319.30 of the Revised Code,	20915
shall reduce the sum to be levied by such tax against each parcel	20916
of real property in the district by the percentage so certified	20917
for its class. Certification shall be made by the first day of	20918
September except in the case of a tax levied for the first time,	20919
in which case certification shall be made within fifteen days of	20920
the date the county auditor submits the information necessary to	20921
make the required determination.	20922

(E)(1) As used in division (E)(2) of this section, "pre-1982	20923
joint vocational taxes" means, with respect to a class of	20924
property, the difference between the following amounts:	20925

(a) The taxes charged and payable in tax year 1981 against	20926
the property in that class for the current expenses of the joint	20927
vocational school district of which the school district is a part	20928
after making all reductions under this section;	20929

(b) The following percentage of the taxable value of all real	20930
property in that class:	20931

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

20932

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

20933

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

20934

(iv) In 1990 and each subsequent year, two-tenths of one per	20935
cent.	20936

If the amount in division (E)(1)(b) of this section exceeds	20937
the amount in division (E)(1)(a) of this section, the pre-1982	20938
joint vocational taxes shall be zero.	20939

As used in divisions (E)(2) and (3) of this section, "taxes	20940
charged and payable" has the same meaning as in division (B)(4) of	20941
this section and excludes any tax charged and payable in 1985 or	20942
thereafter under sections 5705.194 to 5705.197 or section	20943
5705.199, 5705.213, or 5705.219, or 5748.09 of the Revised Code.	20944

(2) If in the case of a school district other than a joint	20945
vocational or cooperative education school district any percentage	20946
required to be used in division (D)(2) of this section for either	20947
class of property could cause the total taxes charged and payable	20948
for current expenses to be less than two per cent of the taxable	20949
value of all real property in that class that is subject to	20950
taxation by the district, the commissioner shall determine what	20951
percentages would cause the district's total taxes charged and	20952
payable for current expenses against that class, after all	20953
reductions that would otherwise be made under this section, to	20954
equal, when combined with the pre-1982 joint vocational taxes	20955
against that class, the lesser of the following:	20956

(a) The sum of the rates at which those taxes are authorized	20957
to be levied;	20958

(b) Two per cent of the taxable value of the property in that	20959
class. The auditor shall use such percentages in making the	20960
reduction required by this section for that class.	20961

(3)(a) If in the case of a joint vocational school district	20962
any percentage required to be used in division (D)(2) of this	20963
section for either class of property could cause the total taxes	20964
charged and payable for current expenses for that class to be less	20965
than the designated amount, the commissioner shall determine what	20966
percentages would cause the district's total taxes charged and	20967
payable for current expenses for that class, after all reductions	20968
that would otherwise be made under this section, to equal the	20969
designated amount. The auditor shall use such percentages in	20970
making the reductions required by this section for that class.	20971

(b) As used in division (E)(3)(a) of this section, the	20972
designated amount shall equal the taxable value of all real	20973
property in the class that is subject to taxation by the district	20974
times the lesser of the following:	20975

(i) Two-tenths of one per cent;

20976

(ii) The district's effective rate plus the following	20977
percentage for the year indicated:	20978

WHEN COMPUTING THE	ADD THE FOLLOWING	20979
TAXES CHARGED FOR	PERCENTAGE:	20980
1987	0.025%	20981
1988	0.05%	20982
1989	0.075%	20983
1990	0.1%	20984
1991	0.125%	20985
1992	0.15%	20986
1993	0.175%	20987
1994 and thereafter	0.2%	20988

(F) No reduction shall be made under this section in the rate	20989
at which any tax is levied.	20990

(G) The commissioner may order a county auditor to furnish	20991
any information the commissioner needs to make the determinations	20992
required under division (D) or (E) of this section, and the	20993
auditor shall supply the information in the form and by the date	20994
specified in the order. If the auditor fails to comply with an	20995
order issued under this division, except for good cause as	20996
determined by the commissioner, the commissioner shall withhold	20997
from such county or taxing district therein fifty per cent of	20998
state revenues to local governments pursuant to section 5747.50 of	20999
the Revised Code or shall direct the department of education to	21000
withhold therefrom fifty per cent of state revenues to school	21001
districts pursuant to ~~Chapters 3306. and~~Chapter 3317. of the	21002
Revised Code. The commissioner shall withhold the distribution of	21003
such revenues until the county auditor has complied with this	21004
division, and the department shall withhold the distribution of	21005
such revenues until the commissioner has notified the department	21006
that the county auditor has complied with this division.	21007

(H) If the commissioner is unable to certify a tax reduction	21008
factor for either class of property in a taxing district located	21009
in more than one county by the last day of November because	21010
information required under division (G) of this section is	21011
unavailable, the commissioner may compute and certify an estimated	21012
tax reduction factor for that district for that class. The	21013
estimated factor shall be based upon an estimate of the	21014
unavailable information. Upon receipt of the actual information	21015
for a taxing district that received an estimated tax reduction	21016
factor, the commissioner shall compute the actual tax reduction	21017
factor and use that factor to compute the taxes that should have	21018
been charged and payable against each parcel of property for the	21019
year for which the estimated reduction factor was used. The amount	21020
by which the estimated factor resulted in an overpayment or	21021
underpayment in taxes on any parcel shall be added to or	21022
subtracted from the amount due on that parcel in the ensuing tax	21023
year.	21024

A percentage or a tax reduction factor determined or computed	21025
by the commissioner under this section shall be used solely for	21026
the purpose of reducing the sums to be levied by the tax to which	21027
it applies for the year for which it was determined or computed.	21028
It shall not be used in making any tax computations for any	21029
ensuing tax year.	21030

(I) In making the determinations under division (D)(1) of	21031
this section, the tax commissioner shall take account of changes	21032
in the taxable value of carryover property resulting from	21033
complaints filed under section 5715.19 of the Revised Code for	21034
determinations made for the tax year in which such changes are	21035
reported to the commissioner. Such changes shall be reported to	21036
the commissioner on the first abstract of real property filed with	21037
the commissioner under section 5715.23 of the Revised Code	21038
following the date on which the complaint is finally determined by	21039
the board of revision or by a court or other authority with	21040
jurisdiction on appeal. The tax commissioner shall account for	21041
such changes in making the determinations only for the tax year in	21042
which the change in valuation is reported. Such a valuation change	21043
shall not be used to recompute the percentages determined under	21044
division (D)(1) of this section for any prior tax year.	21045

Sec. 319.54. (A) On all moneys collected by the county	21046
treasurer on any tax duplicate of the county, other than estate	21047
tax duplicates, and on all moneys received as advance payments of	21048
personal property and classified property taxes, the county	21049
auditor, on settlement with the treasurer and tax commissioner, on	21050
or before the date prescribed by law for such settlement or any	21051
lawful extension of such date, shall be allowed as compensation	21052
for the county auditor's services the following percentages:	21053

(1) On the first one hundred thousand dollars, two and	21054
one-half per cent;	21055

(2) On the next two million dollars, eight thousand three	21056
hundred eighteen ten-thousandths of one per cent;	21057

(3) On the next two million dollars, six thousand six hundred	21058
fifty-five ten-thousandths of one per cent;	21059

(4) On all further sums, one thousand six hundred sixty-three	21060
ten-thousandths of one per cent.	21061

If any settlement is not made on or before the date	21062
prescribed by law for such settlement or any lawful extension of	21063
such date, the aggregate compensation allowed to the auditor shall	21064
be reduced one per cent for each day such settlement is delayed	21065
after the prescribed date. No penalty shall apply if the auditor	21066
and treasurer grant all requests for advances up to ninety per	21067
cent of the settlement pursuant to section 321.34 of the Revised	21068
Code. The compensation allowed in accordance with this section on	21069
settlements made before the dates prescribed by law, or the	21070
reduced compensation allowed in accordance with this section on	21071
settlements made after the date prescribed by law or any lawful	21072
extension of such date, shall be apportioned ratably by the	21073
auditor and deducted from the shares or portions of the revenue	21074
payable to the state as well as to the county, townships,	21075
municipal corporations, and school districts.	21076

(B) For the purpose of reimbursing county auditors for the	21077
expenses associated with the increased number of applications for	21078
reductions in real property taxes under sections 323.152 and	21079
4503.065 of the Revised Code that result from the amendment of	21080
those sections by Am. Sub. H.B. 119 of the 127th general assembly,	21081
there shall be paid from the state's general revenue fund to the	21082
county treasury, to the credit of the real estate assessment fund	21083
created by section 325.31 of the Revised Code, an amount equal to	21084
one per cent of the total annual amount of property tax relief	21085
reimbursement paid to that county under sections 323.156 and	21086
4503.068 of the Revised Code for the preceding tax year. Payments	21087
made under this division shall be made at the same times and in	21088
the same manner as payments made under section 323.156 of the	21089
Revised Code.	21090

(C) From all moneys collected by the county treasurer on any	21091
tax duplicate of the county, other than estate tax duplicates, and	21092
on all moneys received as advance payments of personal property	21093
and classified property taxes, there shall be paid into the county	21094
treasury to the credit of the real estate assessment fund created	21095
by section 325.31 of the Revised Code, an amount to be determined	21096
by the county auditor, which shall not exceed the percentages	21097
prescribed in divisions (C)(1) and (2) of this section.	21098

(1) For payments made after June 30, 2007, and before 2011,	21099
the following percentages:	21100

(a) On the first five hundred thousand dollars, four per	21101
cent;	21102

(b) On the next five million dollars, two per cent;

21103

21104

(d) On all further sums not exceeding one hundred fifty	21105
million dollars, three-quarters of one per cent;	21106

(e) On amounts exceeding one hundred fifty million dollars,	21107
five hundred eighty-five thousandths of one per cent.	21108

(2) For payments made in or after 2011, the following	21109
percentages:	21110

(a) On the first five hundred thousand dollars, four per	21111
cent;	21112

(b) On the next ten million dollars, two per cent;

21113

(c) On amounts exceeding ten million five hundred thousand	21114
dollars, three-fourths of one per cent.	21115

Such compensation shall be apportioned ratably by the auditor	21116
and deducted from the shares or portions of the revenue payable to	21117
the state as well as to the county, townships, municipal	21118
corporations, and school districts.	21119

(D) Each county auditor shall receive four per cent of the	21120
amount of tax collected and paid into the county treasury, on	21121
property omitted and placed by the county auditor on the tax	21122
duplicate.	21123

(E) On all estate tax moneys collected by the county	21124
treasurer, the county auditor, on settlement semiannually with the	21125
tax commissioner, shall be allowed, as compensation for the	21126
auditor's services under Chapter 5731. of the Revised Code, the	21127
following percentages:	21128

(1) Four per cent on the first one hundred thousand dollars;

21129

(2) One-half of one per cent on all additional sums.

21130

Such percentages shall be computed upon the amount collected	21131
and reported at each semiannual settlement, and shall be for the	21132
use of the general fund of the county.	21133

(F) On all cigarette license moneys collected by the county	21134
treasurer, the county auditor, on settlement semiannually with the	21135
treasurer, shall be allowed as compensation for the auditor's	21136
services in the issuing of such licenses one-half of one per cent	21137
of such moneys, to be apportioned ratably and deducted from the	21138
shares of the revenue payable to the county and subdivisions, for	21139
the use of the general fund of the county.	21140

(G) The county auditor shall charge and receive fees as	21141
follows:	21142

(1) For deeds of land sold for taxes to be paid by the	21143
purchaser, five dollars;	21144

(2) For the transfer or entry of land, lot, or part of lot,	21145
or the transfer or entry on or after January 1, 2000, of a used	21146
manufactured home or mobile home as defined in section 5739.0210	21147
of the Revised Code, fifty cents for each transfer or entry, to be	21148
paid by the person requiring it;	21149

(3) For receiving statements of value and administering	21150
section 319.202 of the Revised Code, one dollar, or ten cents for	21151
each one hundred dollars or fraction of one hundred dollars,	21152
whichever is greater, of the value of the real property	21153
transferred or, for sales occurring on or after January 1, 2000,	21154
the value of the used manufactured home or used mobile home, as	21155
defined in section 5739.0210 of the Revised Code, transferred,	21156
except no fee shall be charged when the transfer is made:	21157

(a) To or from the United States, this state, or any	21158
instrumentality, agency, or political subdivision of the United	21159
States or this state;	21160

(b) Solely in order to provide or release security for a debt	21161
or obligation;	21162

(c) To confirm or correct a deed previously executed and	21163
recorded or when a current owner on any record made available to	21164
the general public on the internet or a publicly accessible	21165
database and the general tax list of real and public utility	21166
property and the general duplicate of real and public utility	21167
property is a peace officer, parole officer, prosecuting attorney,	21168
assistant prosecuting attorney, correctional employee, youth	21169
services employee, firefighter, EMT, or investigator of the bureau	21170
of criminal identification and investigation and is changing the	21171
current owner name listed on any record made available to the	21172
general public on the internet or a publicly accessible database	21173
and the general tax list of real and public utility property and	21174
the general duplicate of real and public utility property to the	21175
initials of the current owner as prescribed in division (B)(1) of	21176
section 319.28 of the Revised Code;	21177

(d) To evidence a gift, in trust or otherwise and whether	21178
revocable or irrevocable, between husband and wife, or parent and	21179
child or the spouse of either;	21180

(e) On sale for delinquent taxes or assessments;

21181

(f) Pursuant to court order, to the extent that such transfer	21182
is not the result of a sale effected or completed pursuant to such	21183
order;	21184

(g) Pursuant to a reorganization of corporations or	21185
unincorporated associations or pursuant to the dissolution of a	21186
corporation, to the extent that the corporation conveys the	21187
property to a stockholder as a distribution in kind of the	21188
corporation's assets in exchange for the stockholder's shares in	21189
the dissolved corporation;	21190

(h) By a subsidiary corporation to its parent corporation for	21191
no consideration, nominal consideration, or in sole consideration	21192
of the cancellation or surrender of the subsidiary's stock;	21193

(i) By lease, whether or not it extends to mineral or mineral	21194
rights, unless the lease is for a term of years renewable forever;	21195

(j) When the value of the real property or the manufactured	21196
or mobile home or the value of the interest that is conveyed does	21197
not exceed one hundred dollars;	21198

(k) Of an occupied residential property, including a	21199
manufactured or mobile home, being transferred to the builder of a	21200
new residence or to the dealer of a new manufactured or mobile	21201
home when the former residence is traded as part of the	21202
consideration for the new residence or new manufactured or mobile	21203
home;	21204

(l) To a grantee other than a dealer in real property or in	21205
manufactured or mobile homes, solely for the purpose of, and as a	21206
step in, the prompt sale of the real property or manufactured or	21207
mobile home to others;	21208

(m) To or from a person when no money or other valuable and	21209
tangible consideration readily convertible into money is paid or	21210
to be paid for the real estate or manufactured or mobile home and	21211
the transaction is not a gift;	21212

(n) Pursuant to division (B) of section 317.22 of the Revised	21213
Code, or section 2113.61 of the Revised Code, between spouses or	21214
to a surviving spouse pursuant to section 5302.17 of the Revised	21215
Code as it existed prior to April 4, 1985, between persons	21216
pursuant to section 5302.17 or 5302.18 of the Revised Code on or	21217
after April 4, 1985, to a person who is a surviving, survivorship	21218
tenant pursuant to section 5302.17 of the Revised Code on or after	21219
April 4, 1985, or pursuant to section 5309.45 of the Revised Code;	21220

(o) To a trustee acting on behalf of minor children of the	21221
deceased;	21222

(p) Of an easement or right-of-way when the value of the	21223
interest conveyed does not exceed one thousand dollars;	21224

(q) Of property sold to a surviving spouse pursuant to	21225
section 2106.16 of the Revised Code;	21226

(r) To or from an organization exempt from federal income	21227
taxation under section 501(c)(3) of the "Internal Revenue Code of	21228
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such	21229
transfer is without consideration and is in furtherance of the	21230
charitable or public purposes of such organization;	21231

(s) Among the heirs at law or devisees, including a surviving	21232
spouse, of a common decedent, when no consideration in money is	21233
paid or to be paid for the real property or manufactured or mobile	21234
home;	21235

(t) To a trustee of a trust, when the grantor of the trust	21236
has reserved an unlimited power to revoke the trust;	21237

(u) To the grantor of a trust by a trustee of the trust, when	21238
the transfer is made to the grantor pursuant to the exercise of	21239
the grantor's power to revoke the trust or to withdraw trust	21240
assets;	21241

(v) To the beneficiaries of a trust if the fee was paid on	21242
the transfer from the grantor of the trust to the trustee or if	21243
the transfer is made pursuant to trust provisions which became	21244
irrevocable at the death of the grantor;	21245

(w) To a corporation for incorporation into a sports facility	21246
constructed pursuant to section 307.696 of the Revised Code;	21247

(x) Between persons pursuant to section 5302.18 of the	21248
Revised Code;	21249

(y) From a county land reutilization corporation organized	21250
under Chapter 1724. of the Revised Code to a third party.	21251

(4) For the cost of publishing the delinquent manufactured	21252
home tax list, the delinquent tax list, and the delinquent vacant	21253
land tax list, a flat fee, as determined by the county auditor, to	21254
be charged to the owner of a home on the delinquent manufactured	21255
home tax list or the property owner of land on the delinquent tax	21256
list or the delinquent vacant land tax list.	21257

The auditor shall compute and collect the fee. The auditor	21258
shall maintain a numbered receipt system, as prescribed by the tax	21259
commissioner, and use such receipt system to provide a receipt to	21260
each person paying a fee. The auditor shall deposit the receipts	21261
of the fees on conveyances in the county treasury daily to the	21262
credit of the general fund of the county, except that fees charged	21263
and received under division (G)(3) of this section for a transfer	21264
of real property to a county land reutilization corporation shall	21265
be credited to the county land reutilization corporation fund	21266
established under section 321.263 of the Revised Code.	21267

The real property transfer fee provided for in division	21268
(G)(3) of this section shall be applicable to any conveyance of	21269
real property presented to the auditor on or after January 1,	21270
1968, regardless of its time of execution or delivery.	21271

The transfer fee for a used manufactured home or used mobile	21272
home shall be computed by and paid to the county auditor of the	21273
county in which the home is located immediately prior to the	21274
transfer.	21275

Sec. 321.18. As soon as sufficient funds are in the county	21276
treasury to redeem the warrants drawn on the treasury, and on	21277
which interest is accruing, the county treasurer shall give notice	21278
in a newspaper ~~published in and circulating~~of general circulation	21279
in ~~his~~the county that hethe treasurer is ready to redeem such	21280
warrants, and from the date of the notice the interest on such	21281
warrants shall cease.	21282

Sec. 321.261. (A) ~~Five~~In each county treasury there shall	21283
be created the treasurer's delinquent tax and assessment	21284
collection fund and the prosecuting attorney's delinquent tax and	21285
assessment collection fund. Except as otherwise provided in this	21286
division, two and one-half per cent of all delinquent real	21287
property, personal property, and manufactured and mobile home	21288
taxes and assessments collected by the county treasurer shall be	21289
deposited in the treasurer's delinquent tax and assessment	21290
collection fund, ~~which shall be created in the county treasury.~~	21291
~~Except as otherwise provided in division (D) of this section, the~~	21292
~~moneys in the fund, one-half of which shall be appropriated by the~~	21293
~~board of county commissioners to the treasurer and one-half of~~	21294
~~which shall be appropriated to the county prosecuting attorney,~~	21295
and two and one-half per cent of such delinquent taxes and	21296
assessments shall be deposited in the prosecuting attorney's	21297
delinquent tax and assessment collection fund. The board of county	21298
commissioners shall appropriate to the county treasurer from the	21299
treasurer's delinquent tax and assessment collection fund, and	21300
shall appropriate to the prosecuting attorney from the prosecuting	21301
attorney's delinquent tax and assessment collection fund, money to	21302
the credit of the respective fund, and except as provided in	21303
division (D) of this section, the appropriation shall be used only	21304
for the following purposes:	21305

(1) By the county treasurer ~~and~~or the county prosecuting	21306
attorney in connection with the collection of delinquent real	21307
property, personal property, and manufactured and mobile home	21308
taxes and assessments, including proceedings related to	21309
foreclosure of the state's lien for such taxes against such	21310
property;	21311

(2) With respect to any portion of the amount appropriated to	21312
~~the county treasurer~~from the treasurer's delinquent tax and	21313
assessment collection fund for the benefit of ~~the~~a county land	21314
reutilization corporation organized under Chapter 1724. of the	21315
Revised Code, ~~whether by transfer to or other application on~~	21316
~~behalf of,~~ the county land reutilization corporation. Upon the	21317
deposit of amounts in the treasurer's delinquent tax and	21318
assessment collection fund ~~of the county~~, any amounts allocated at	21319
the direction of the treasurer to the support of the county land	21320
reutilization corporation shall be paid out of such fund to the	21321
corporation upon a warrant of the county auditor.	21322

If the balance in the treasurer's or prosecuting attorney's	21323
delinquent tax and assessment collection fund exceeds three times	21324
the amount deposited into the fund in the preceding year, the	21325
treasurer or prosecuting attorney, on or before the twentieth day	21326
of October of the current year, may direct the county auditor to	21327
forgo the allocation of delinquent taxes and assessments to that	21328
officer's respective fund in the ensuing year. If the county	21329
auditor receives such direction, the auditor shall cause the	21330
portion of taxes and assessments that otherwise would be credited	21331
to the fund under this section in that ensuing year to be	21332
allocated and distributed among taxing units' funds as otherwise	21333
provided in this chapter and other applicable law.	21334

(B) During the period of time that a county land	21335
reutilization corporation is functioning as such on behalf of a	21336
county, the board of county commissioners, upon the request of the	21337
county treasurer, may designate by resolution that an additional	21338
amount, not exceeding five per cent of all collections of	21339
delinquent real property, personal property, and manufactured and	21340
mobile home taxes and assessments, shall be deposited in the	21341
treasurer's delinquent tax and assessment collection fund and be	21342
available for appropriation by the board for the use of the	21343
corporation. Any such amounts so deposited and appropriated under	21344
this division shall be paid out of the treasurer's delinquent tax	21345
and assessment collection fund to the corporation upon a warrant	21346
of the county auditor.	21347

(C) Annually by the first day of December, the county	21348
treasurer and the prosecuting attorney each shall submit a report	21349
to the board of county commissioners regarding the use of the	21350
moneys appropriated tofrom their respective ~~offices from the~~	21351
delinquent tax and assessment collection ~~fund~~funds. Each report	21352
shall specify the amount appropriated ~~to the office~~from the fund	21353
during the current calendar year, an estimate of the amount so	21354
appropriated that will be expended by the end of the year, a	21355
summary of how the amount appropriated has been expended in	21356
connection with delinquent tax collection activities or land	21357
reutilization, and an estimate of the amount that will be credited	21358
to the fund during the ensuing calendar year.	21359

The annual report of a county land reutilization corporation	21360
required by section 1724.05 of the Revised Code shall include	21361
information regarding the amount and use of the moneys that the	21362
corporation received from the treasurer's delinquent tax and	21363
assessment collection fund ~~of the county~~.	21364

(D)(1) In any county, if the county treasurer or prosecuting	21365
attorney determines that the ~~amount appropriated to the office~~	21366
~~from the county's~~balance to the credit of that officer's	21367
corresponding delinquent tax and assessment collection fund ~~under~~	21368
~~division (A) of this section~~ exceeds the amount required to be	21369
used as prescribed by ~~that~~ division (A) of this section, the	21370
county treasurer or prosecuting attorney may expend the excess to	21371
prevent residential mortgage foreclosures in the county and to	21372
address problems associated with other foreclosed real property.	21373
The amount used for that purpose in any year may not exceed the	21374
amount that would cause the fund to have a reserve of less than	21375
twenty per cent of the amount expended in the preceding year for	21376
the purposes of division (A) of this section. The county treasurer	21377
or prosecuting attorney may not expend any money from the	21378
officer's fund for the purpose of land reutilization unless the	21379
county treasurer or prosecuting attorney obtains the approval of	21380
the county investment advisory committee established under section	21381
135.341 of the Revised Code.	21382

Money authorized to be expended under division (D)(1) of this	21383
section shall be used to provide financial assistance in the form	21384
of loans to borrowers in default on their home mortgages,	21385
including for the payment of late fees, to clear arrearage	21386
balances, and to augment moneys used in the county's foreclosure	21387
prevention program. The money also may be used to assist municipal	21388
corporations or townships in the county, upon their application to	21389
the county treasurer, prosecuting attorney, or the county	21390
department of development, in the nuisance abatement of	21391
deteriorated residential buildings in foreclosure, or vacant,	21392
abandoned, tax-delinquent, or blighted real property, including	21393
paying the costs of boarding up such buildings, lot maintenance,	21394
and demolition.	21395

(2) In a county having a population of more than one hundred	21396
thousand according to the department of development's 2006 census	21397
estimate, if the county treasurer or prosecuting attorney	21398
determines that the ~~amount appropriated to the office from the~~	21399
~~county's~~balance to the credit of that officer's corresponding	21400
delinquent tax and assessment collection fund ~~under division (A)~~	21401
~~of this section~~ exceeds the amount required to be used as	21402
prescribed by ~~that~~ division (A) of this section, the county	21403
treasurer or prosecuting attorney may expend the excess to assist	21404
townships or municipal corporations located in the county as	21405
provided in division (D)(2) of this section, provided that the	21406
combined amount so expended each year in a county shall not exceed	21407
three million dollars. Upon application for the funds by a	21408
township or municipal corporation, the county treasurer ~~and~~or	21409
prosecuting attorney may assist the township or municipal	21410
corporation in abating foreclosed residential nuisances, including	21411
paying the costs of securing such buildings, lot maintenance, and	21412
demolition. At the prosecuting attorney's discretion, the	21413
prosecuting attorney also may apply the funds to costs of	21414
prosecuting alleged violations of criminal and civil laws	21415
governing real estate and related transactions, including fraud	21416
and abuse.	21417

Sec. 322.02. (A) For the purpose of paying the costs of	21418
enforcing and administering the tax and providing additional	21419
general revenue for the county, any county may levy and collect a	21420
tax to be known as the real property transfer tax on each deed	21421
conveying real property or any interest in real property located	21422
wholly or partially within the boundaries of the county at a rate	21423
not to exceed thirty cents per hundred dollars for each one	21424
hundred dollars or fraction thereof of the value of the real	21425
property or interest in real property located within the	21426
boundaries of the county granted, assigned, transferred, or	21427
otherwise conveyed by the deed. The tax shall be levied pursuant	21428
to a resolution adopted by the board of county commissioners of	21429
the county and, except as provided in division (A) of section	21430
322.07 of the Revised Code, shall be levied at a uniform rate upon	21431
all deeds as defined in division (D) of section 322.01 of the	21432
Revised Code. Prior to the adoption of any such resolution, the	21433
board of county commissioners shall conduct two public hearings	21434
thereon, the second hearing to be not less than three nor more	21435
than ten days after the first. Notice of the date, time, and place	21436
of the hearings shall be given by publication in a newspaper of	21437
general circulation in the county once a week on the same day of	21438
the week for two consecutive weeks~~, the~~or as provided in section	21439
7.16 of the Revised Code. The second publication ~~being~~shall be	21440
not less than ten nor more than thirty days prior to the first	21441
hearing. The tax shall be levied upon the grantor named in the	21442
deed and shall be paid by the grantor for the use of the county to	21443
the county auditor at the time of the delivery of the deed as	21444
provided in section 319.202 of the Revised Code and prior to the	21445
presentation of the deed to the recorder of the county for	21446
recording.	21447

(B) No resolution levying a real property transfer tax	21448
pursuant to this section or a manufactured home transfer tax	21449
pursuant to section 322.06 of the Revised Code shall be effective	21450
sooner than thirty days following its adoption. Such a resolution	21451
is subject to a referendum as provided in sections 305.31 to	21452
305.41 of the Revised Code, unless the resolution is adopted as an	21453
emergency measure necessary for the immediate preservation of the	21454
public peace, health, or safety, in which case it shall go into	21455
immediate effect. An emergency measure must receive an affirmative	21456
vote of all of the members of the board of commissioners, and	21457
shall state the reasons for the necessity. A resolution may direct	21458
the board of elections to submit the question of levying the tax	21459
to the electors of the county at the next primary or general	21460
election in the county occurring not less than ninety days after	21461
the resolution is certified to the board. No such resolution shall	21462
go into effect unless approved by a majority of those voting upon	21463
it.	21464

Sec. 322.021. The question of a repeal of a county	21465
permissive tax adopted as an emergency measure pursuant to	21466
division (B) of section 322.02 of the Revised Code may be	21467
initiated by filing with the board of elections of the county not	21468
less than ninety days before the general election in any year a	21469
petition requesting that an election be held on such question.	21470
Such petition shall be signed by qualified electors residing in	21471
the county equal in number to ten per cent of those voting for	21472
governor at the most recent gubernatorial election.	21473

After determination by it that such petition is valid, the	21474
board of elections shall submit the question to the electors of	21475
the county at the next general election. The election shall be	21476
conducted, canvassed, and certified in the same manner as regular	21477
elections for county offices in the county. Notice of the election	21478
shall be published in a newspaper of general circulation in the	21479
district once a week for two consecutive weeks prior to the	21480
election ~~and, if~~or as provided in section 7.16 of the Revised	21481
Code. If the board of elections operates and maintains a web site,	21482
notice of the election also shall be posted on that web site for	21483
thirty days prior to the election. The notice shall state the	21484
purpose, time, and place of the election. The form of the ballot	21485
cast at such election shall be prescribed by the secretary of	21486
state. The question covered by such petition shall be submitted as	21487
a separate proposition, but it may be printed on the same ballot	21488
with any other proposition submitted at the same election other	21489
than the election of officers. If a majority of the qualified	21490
electors voting on the question of repeal approve the repeal, the	21491
result of the election shall be certified immediately after the	21492
canvass by the board of elections to the board of county	21493
commissioners, who shall thereupon, after the current year, cease	21494
to levy the tax.	21495

Sec. 323.08. After certifying the tax list and duplicate	21496
pursuant to section 319.28 of the Revised Code, the county auditor	21497
shall deliver a list of the tax rates, tax reduction factors, and	21498
effective tax rates assessed and applied against each of the two	21499
classes of property of the county to the county treasurer, who	21500
shall immediately cause a schedule of such tax rates and effective	21501
rates to be published in a newspaper of ~~the type described in~~	21502
~~section 5721.01 of the Revised Code having~~ general circulation in	21503
the county or, in lieu of such publication, the county treasurer	21504
may insert a copy of such schedule with each tax bill mailed. Such	21505
schedule shall specify particularly the rates and effective rates	21506
of taxation levied for all purposes on the tax list and duplicate	21507
for the support of the various taxing units within the county,	21508
expressed in dollars and cents for each one thousand dollars of	21509
valuation. The effective tax rates shall be printed in boldface	21510
type.	21511

The county treasurer shall publish notice of the date of the	21512
last date for payment of each installment of taxes once a week for	21513
two successive weeks prior to such date in ~~two newspapers~~a	21514
newspaper of general circulation within the county or as provided	21515
in section 7.16 of the Revised Code. ~~If only one such newspaper~~	21516
~~exists, the notice shall be published in it.~~ The notice shall be	21517
inserted in a conspicuous place in ~~each~~the newspaper and shall	21518
also contain notice that any taxes paid after such date will	21519
accrue a penalty and interest and that failure to receive a tax	21520
bill will not avoid such penalty and interest. The notice shall	21521
contain a telephone number that may be called by taxpayers who	21522
have not received tax bills.	21523

As used in this section and section 323.131 of the Revised	21524
Code, "effective tax rate" means the effective rate after making	21525
the reduction required by section 319.301, but before making the	21526
reduction required by section 319.302 of the Revised Code.	21527

Sec. 323.73. (A) Except as provided in division (G) of this	21528
section or section 323.78 of the Revised Code, a parcel of	21529
abandoned land that is to be disposed of under this section shall	21530
be disposed of at a public auction scheduled and conducted as	21531
described in this section. At least twenty-one days prior to the	21532
date of the public auction, the clerk of court or sheriff of the	21533
county shall advertise the public auction in a newspaper of	21534
general circulation that meets the requirements of section 7.12 of	21535
the Revised Code in the county in which the land is located. The	21536
advertisement shall include the date, time, and place of the	21537
auction, the permanent parcel number of the land if a permanent	21538
parcel number system is in effect in the county as provided in	21539
section 319.28 of the Revised Code or, if a permanent parcel	21540
number system is not in effect, any other means of identifying the	21541
parcel, and a notice stating that the abandoned land is to be sold	21542
subject to the terms of sections 323.65 to 323.79 of the Revised	21543
Code.	21544

(B) The sheriff of the county or a designee of the sheriff	21545
shall conduct the public auction at which the abandoned land will	21546
be offered for sale. To qualify as a bidder, a person shall file	21547
with the sheriff on a form provided by the sheriff a written	21548
acknowledgment that the abandoned land being offered for sale is	21549
to be conveyed in fee simple to the successful bidder. At the	21550
auction, the sheriff of the county or a designee of the sheriff	21551
shall begin the bidding at an amount equal to the total of the	21552
impositions against the abandoned land, plus the costs apportioned	21553
to the land under section 323.75 of the Revised Code. The	21554
abandoned land shall be sold to the highest bidder. The county	21555
sheriff or designee may reject any and all bids not meeting the	21556
minimum bid requirements specified in this division.	21557

(C) Except as otherwise permitted under section 323.74 of the	21558
Revised Code, the successful bidder at a public auction conducted	21559
under this section shall pay the sheriff of the county or a	21560
designee of the sheriff a deposit of at least ten per cent of the	21561
purchase price in cash, or by bank draft or official bank check,	21562
at the time of the public auction, and shall pay the balance of	21563
the purchase price within thirty days after the day on which the	21564
auction was held. Notwithstanding section 321.261 of the Revised	21565
Code, with respect to any proceedings initiated pursuant to	21566
sections 323.65 to 323.79 of the Revised Code, from the total	21567
proceeds arising from the sale, transfer, or redemption of	21568
abandoned land, twenty per cent of such proceeds shall be	21569
deposited to the credit of the county treasurer's delinquent tax	21570
and assessment collection fund to reimburse the fund for costs	21571
paid from the fund for the transfer, redemption, or sale of	21572
abandoned land at public auction. Not more than one-half of the	21573
twenty per cent may be used by the treasurer for community	21574
development, nuisance abatement, foreclosure prevention,	21575
demolition, and related services or distributed by the treasurer	21576
to a land reutilization corporation. The balance of the proceeds,	21577
if any, shall be distributed to the appropriate political	21578
subdivisions and other taxing units in proportion to their	21579
respective claims for taxes, assessments, interest, and penalties	21580
on the land. Upon the sale of foreclosed lands, the clerk of court	21581
shall hold any surplus proceeds in excess of the impositions until	21582
the clerk receives an order of priority and amount of distribution	21583
of the surplus that are adjudicated by a court of competent	21584
jurisdiction or receives a certified copy of an agreement between	21585
the parties entitled to a share of the surplus providing for the	21586
priority and distribution of the surplus. Any party to the action	21587
claiming a right to distribution of surplus shall have a separate	21588
cause of action in the county or municipal court of the	21589
jurisdiction in which the land reposes, provided the board	21590
confirms the transfer or regularity of the sale. Any dispute over	21591
the distribution of the surplus shall not affect or revive the	21592
equity of redemption after the board confirms the transfer or	21593
sale.	21594

(D) Upon the sale or transfer of abandoned land pursuant to	21595
this section, the owner's fee simple interest in the land shall be	21596
conveyed to the purchaser. A conveyance under this division is	21597
free and clear of any liens and encumbrances of the parties named	21598
in the complaint for foreclosure attaching before the sale or	21599
transfer, and free and clear of any liens for taxes, except for	21600
federal tax liens and covenants and easements of record attaching	21601
before the sale.	21602

(E) The county board of revision shall reject the sale of	21603
abandoned land to any person if it is shown by a preponderance of	21604
the evidence that the person is delinquent in the payment of taxes	21605
levied by or pursuant to Chapter 307., 322., 324., 5737., 5739.,	21606
5741., or 5743. of the Revised Code or any real property taxing	21607
provision of the Revised Code. The board also shall reject the	21608
sale of abandoned land to any person if it is shown by a	21609
preponderance of the evidence that the person is delinquent in the	21610
payment of property taxes on any parcel in the county, or to a	21611
member of any of the following classes of parties connected to	21612
that person:	21613

(1) A member of that person's immediate family;

21614

(2) Any other person with a power of attorney appointed by	21615
that person;	21616

(3) A sole proprietorship owned by that person or a member of	21617
that person's immediate family;	21618

(4) A partnership, trust, business trust, corporation,	21619
association, or other entity in which that person or a member of	21620
that person's immediate family owns or controls directly or	21621
indirectly any beneficial or legal interest.	21622

(F) If the purchase of abandoned land sold pursuant to this	21623
section or section 323.74 of the Revised Code is for less than the	21624
sum of the impositions against the abandoned land and the costs	21625
apportioned to the land under division (A) of section 323.75 of	21626
the Revised Code, then, upon the sale or transfer, all liens for	21627
taxes due at the time the deed of the property is conveyed to the	21628
purchaser following the sale or transfer, and liens subordinate to	21629
liens for taxes, shall be deemed satisfied and discharged.	21630

(G) If the county board of revision finds that the total of	21631
the impositions against the abandoned land are greater than the	21632
fair market value of the abandoned land as determined by the	21633
auditor's then-current valuation of that land, the board, at any	21634
final hearing under section 323.70 of the Revised Code, may order	21635
the property foreclosed and, without an appraisal or public	21636
auction, order the sheriff to execute a deed to the certificate	21637
holder or county land reutilization corporation that filed a	21638
complaint under section 323.69 of the Revised Code, or to a	21639
community development organization, school district, municipal	21640
corporation, county, or township, whichever is applicable, as	21641
provided in section 323.74 of the Revised Code. Upon a transfer	21642
under this division, all liens for taxes due at the time the deed	21643
of the property is transferred to the certificate holder,	21644
community development organization, school district, municipal	21645
corporation, county, or township following the conveyance, and	21646
liens subordinate to liens for taxes, shall be deemed satisfied	21647
and discharged.	21648

Sec. 323.75. (A) The county treasurer or county prosecuting	21649
attorney shall apportion the costs of the proceedings with respect	21650
to abandoned lands offered for sale at a public auction held	21651
pursuant to section 323.73 or 323.74 of the Revised Code among	21652
those lands according to actual identified costs, equally, or in	21653
proportion to the fair market values of the lands. The costs of	21654
the proceedings include the costs of conducting the title search,	21655
notifying record owners or other persons required to be notified	21656
of the pending sale, advertising the sale, and any other costs	21657
incurred by the county board of revision, county treasurer, county	21658
auditor, clerk of court, prosecuting attorney, or county sheriff	21659
in performing their duties under sections 323.65 to 323.79 of the	21660
Revised Code.	21661

(B) All costs assessed in connection with proceedings under	21662
sections 323.65 to 323.79 of the Revised Code may be paid after	21663
they are incurred, as follows:	21664

(1) If the abandoned land in question is purchased at public	21665
auction, from the purchaser of the abandoned land;	21666

(2) In the case of abandoned land transferred to a community	21667
development organization, school district, municipal corporation,	21668
county, or township under section 323.74 of the Revised Code, from	21669
either of the following:	21670

(a) At the discretion of the county treasurer, in whole or in	21671
part from the delinquent tax and assessment collection ~~fund~~funds	21672
created under section 321.261 of the Revised Code, ~~in which case~~	21673
~~the amount shall be a prior charge to the fund before its equal~~	21674
~~allocation between~~allocated equally among the respective funds of	21675
the county treasurer and of the prosecuting attorney;	21676

(b) From the community development organization, school	21677
district, municipal corporation, county, or township, whichever is	21678
applicable.	21679

(3) If the abandoned land in question is transferred to a	21680
certificate holder, from the certificate holder.	21681

(C) If a parcel of abandoned land is sold or otherwise	21682
transferred pursuant to sections 323.65 to 323.79 of the Revised	21683
Code, the officer who conducted the sale or made the transfer, the	21684
prosecuting attorney, or the county treasurer may collect a	21685
recording fee from the purchaser or transferee of the parcel at	21686
the time of the sale or transfer and shall prepare the deed	21687
conveying title to the parcel or execute the deed prepared by the	21688
board for that purpose. That officer or the prosecuting attorney	21689
or treasurer is authorized to record on behalf of that purchaser	21690
or transferee the deed conveying title to the parcel,	21691
notwithstanding that the deed may not actually have been delivered	21692
to the purchaser or transferee prior to the recording of the deed.	21693
Receiving title to a parcel under sections 323.65 to 323.79 of the	21694
Revised Code constitutes the transferee's consent to an officer,	21695
prosecuting attorney, or county treasurer to file the deed to the	21696
parcel for recording. Nothing in this division shall be construed	21697
to require an officer, prosecuting attorney, or treasurer to file	21698
a deed or to relieve a transferee's obligation to file a deed.	21699
Upon confirmation of that sale or transfer, the deed shall be	21700
deemed delivered to the purchaser or transferee of the parcel.	21701

Sec. 324.02. For the purpose of providing additional general	21702
revenues for the county and paying the expense of administering	21703
such levy, any county may levy a county excise tax to be known as	21704
the utilities service tax on the charge for every utility service	21705
to customers within the county at a rate not to exceed two per	21706
cent of such charge. On utility service to customers engaged in	21707
business, the tax shall be imposed at a rate of one hundred fifty	21708
per cent of the rate imposed upon all other consumers within the	21709
county. The tax shall be levied pursuant to a resolution adopted	21710
by the board of county commissioners of the county and shall be	21711
levied at uniform rates required by this section upon all charges	21712
for utility service except as provided in section 324.03 of the	21713
Revised Code. The tax shall be levied upon the customer and shall	21714
be paid by the customer to the utility supplying the service at	21715
the time the customer pays the utility for the service. If the	21716
charge for utility service is billed to a person other than the	21717
customer at the request of such person, the tax commissioner of	21718
the state may, in accordance with section 324.04 of the Revised	21719
Code, provide for the levy of the tax against and the payment of	21720
the tax by such other person. Each utility furnishing a utility	21721
service the charge for which is subject to the tax shall set forth	21722
the tax as a separate item on each bill or statement rendered to	21723
the customer.	21724

Prior to the adoption of any resolution levying a utilities	21725
service tax the board of county commissioners shall conduct two	21726
public hearings thereon, the second hearing to be not less than	21727
three nor more than ten days after the first. Notice of the date,	21728
time, and place of such hearings shall be given by publication in	21729
a newspaper of general circulation in the county once a week on	21730
the same day of the week for two consecutive weeks~~, the~~or as	21731
provided in section 7.16 of the Revised Code. The second	21732
publication ~~being~~shall be not less than ten nor more than thirty	21733
days prior to the first hearing. No resolution levying a utilities	21734
service tax pursuant to this section of the Revised Code shall be	21735
effective sooner than thirty days following its adoption and such	21736
resolution is subject to a referendum as provided in sections	21737
305.31 to 305.41 of the Revised Code, unless such resolution is	21738
adopted as an emergency measure necessary for the immediate	21739
preservation of the public peace, health, or safety, in which case	21740
it shall go into immediate effect. Such emergency measure must	21741
receive an affirmative vote of all of the members of the board of	21742
commissioners, and shall state the reasons for such necessity. A	21743
resolution may direct the board of elections to submit the	21744
question of levying the tax to the electors of the county at the	21745
next primary or general election in the county occurring not less	21746
than ninety days after such resolution is certified to the board.	21747
No such resolution shall go into effect unless approved by a	21748
majority of those voting upon it. The tax levied by such	21749
resolution shall apply to all bills rendered subsequent to the	21750
sixtieth day after the effective date of the resolution. No bills	21751
shall be rendered out of the ordinary course of business to avoid	21752
payment of the tax.	21753

Sec. 324.021. The question of repeal of a county permissive	21754
tax adopted as an emergency measure pursuant to section 324.02 of	21755
the Revised Code may be initiated by filing with the board of	21756
elections of the county not less than ninety days before the	21757
general election in any year a petition requesting that an	21758
election be held on such question. Such petition shall be signed	21759
by qualified electors residing in the county equal in number to	21760
ten per cent of those voting for governor at the most recent	21761
gubernatorial election.	21762

After determination by it that such petition is valid, the	21763
board of elections shall submit the question to the electors of	21764
the county at the next general election. The election shall be	21765
conducted, canvassed, and certified in the same manner as regular	21766
elections for county offices in the county. Notice of the election	21767
shall be published in a newspaper of general circulation in the	21768
district once a week for two consecutive weeks prior to the	21769
election ~~and, if~~or as provided in section 7.16 of the Revised	21770
Code. If the board of elections operates and maintains a web site,	21771
notice of the election also shall be posted on that web site for	21772
thirty days prior to the election. The notice shall state the	21773
purpose, time, and place of the election. The form of the ballot	21774
cast at such election shall be prescribed by the secretary of	21775
state. The question covered by such petition shall be submitted as	21776
a separate proposition, but it may be printed on the same ballot	21777
with any other proposition submitted at the same election other	21778
than the election of officers. If a majority of the qualified	21779
electors voting on the question of repeal approve the repeal, the	21780
result of the election shall be certified immediately after the	21781
canvass by the board of elections to the board of county	21782
commissioners, who shall thereupon, after the current year, cease	21783
to levy the tax.	21784

Sec. 325.20. (A) Except as otherwise provided by law, no	21785
elected county officer and no deputy or employee of the county	21786
shall attend, at county expense, any association meeting,	21787
convention, or training sessions conducted pursuant to section	21788
901.10 of the Revised Code, unless authorized by the board of	21789
county commissioners. Before such allowance may be made, the head	21790
of the county office desiring it shall apply to the board in	21791
writing showing the necessity of such attendance and the probable	21792
costs to the county. If a majority of the members of the board	21793
approves the application, such expenses shall be paid from the	21794
moneys appropriated to such office for traveling expenses.	21795

(B) The board of county commissioners shall approve or	21796
disapprove any travel outside this state if the travel expenses	21797
will or may be in excess of one hundred dollars and will or may be	21798
paid for from funds in either of the delinquent tax and assessment	21799
collection ~~fund~~funds created in section 321.261 of the Revised	21800
Code or the real estate assessment fund created in section 325.31	21801
of the Revised Code. The head of the county office seeking	21802
approval shall apply to the board in writing showing the necessity	21803
of the travel and the probable costs to the county from either ~~the~~	21804
delinquent tax and assessment collection fund or from the real	21805
estate assessment fund. If the travel is requested by a county	21806
auditor, and the board does not approve the travel, the auditor	21807
may not apply to the tax commissioner pursuant to section 5713.01	21808
of the Revised Code for an additional allowance for such travel.	21809

Sec. 340.02. As used in this section, "mental health	21810
professional" means a person who is qualified to work with	21811
mentally ill persons, pursuant to standards established by the	21812
director of mental health under section 5119.611 of the Revised	21813
Code.	21814

For each alcohol, drug addiction, and mental health service	21815
district, there shall be appointed a board of alcohol, drug	21816
addiction, and mental health services of eighteen members. Nine	21817
members shall be interested in mental health programs and	21818
facilities and nine other members shall be interested in alcohol	21819
or drug addiction programs. All members shall be residents of the	21820
service district. The membership shall, as nearly as possible,	21821
reflect the composition of the population of the service district	21822
as to race and sex.	21823

The director of mental health shall appoint four members of	21824
the board, the director of alcohol and drug addiction services	21825
shall appoint four members, and the board of county commissioners	21826
shall appoint ten members. In a joint-county district, the county	21827
commissioners of each participating county shall appoint members	21828
in as nearly as possible the same proportion as that county's	21829
population bears to the total population of the district, except	21830
that at least one member shall be appointed from each	21831
participating county.	21832

The director of mental health shall ensure that at least one	21833
member of the board is a psychiatrist and one member of the board	21834
is a mental health professional. If the appointment of a	21835
psychiatrist is not possible, as determined under rules adopted by	21836
the director, a licensed physician may be appointed in place of	21837
the psychiatrist. If the appointment of a licensed physician is	21838
not possible, the director of mental health may waive the	21839
requirement that the psychiatrist or licensed physician be a	21840
resident of the service district and appoint a psychiatrist or	21841
licensed physician from a contiguous county. The director of	21842
mental health shall ensure that at least one member of the board	21843
is a person who has received or is receiving mental health	21844
services paid for by public funds and at least one member is a	21845
parent or other relative of such a person.	21846

The director of alcohol and drug addiction services shall	21847
ensure that at least one member of the board is a professional in	21848
the field of alcohol or drug addiction services and one member of	21849
the board is an advocate for persons receiving treatment for	21850
alcohol or drug addiction. Of the members appointed by the	21851
director of alcohol and drug addiction services, at least one	21852
shall be a person who has received or is receiving services for	21853
alcohol or drug addiction, and at least one shall be a parent or	21854
other relative of such a person.	21855

No member or employee of a board of alcohol, drug addiction,	21856
and mental health services shall serve as a member of the board of	21857
any agency with which the board of alcohol, drug addiction, and	21858
mental health services has entered into a contract for the	21859
provision of services or facilities. No member of a board of	21860
alcohol, drug addiction, and mental health services shall be an	21861
employee of any agency with which the board has entered into a	21862
contract for the provision of services or facilities, unless the	21863
board member's employment duties with the agency consist of	21864
providing, only outside the district the board serves, services	21865
for which the medicaid program pays. No person shall be an	21866
employee of a board and such an agency unless the board and agency	21867
both agree in writing.	21868

No person shall serve as a member of the board of alcohol,	21869
drug addiction, and mental health services whose spouse, child,	21870
parent, brother, sister, grandchild, stepparent, stepchild,	21871
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	21872
daughter-in-law, brother-in-law, or sister-in-law serves as a	21873
member of the board of any agency with which the board of alcohol,	21874
drug addiction, and mental health services has entered into a	21875
contract for the provision of services or facilities. No person	21876
shall serve as a member or employee of the board whose spouse,	21877
child, parent, brother, sister, stepparent, stepchild,	21878
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	21879
daughter-in-law, brother-in-law, or sister-in-law serves as a	21880
county commissioner of a county or counties in the alcohol, drug	21881
addiction, and mental health service district.	21882

Each year each board member shall attend at least one	21883
inservice training session provided or approved by the department	21884
of mental health or the department of alcohol and drug addiction	21885
services. Such training sessions shall not be considered to be	21886
regularly scheduled meetings of the board.	21887

Each member shall be appointed for a term of four years,	21888
commencing the first day of July, except that one-third of initial	21889
appointments to a newly established board, and to the extent	21890
possible to expanded boards, shall be for terms of two years,	21891
one-third of initial appointments shall be for terms of three	21892
years, and one-third of initial appointments shall be for terms of	21893
four years. No member shall serve more than two consecutive	21894
four-year terms. A member may serve for three consecutive terms	21895
only if one of the terms is for less than two years. A member who	21896
has served two consecutive four-year terms or three consecutive	21897
terms totaling less than ten years is eligible for reappointment	21898
one year following the end of the second or third term,	21899
respectively.	21900

When a vacancy occurs, appointment for the expired or	21901
unexpired term shall be made in the same manner as an original	21902
appointment. The appointing authority shall be notified by	21903
certified mail of any vacancy and shall fill the vacancy within	21904
sixty days following that notice.	21905

Any member of the board may be removed from office by the	21906
appointing authority for neglect of duty, misconduct, or	21907
malfeasance in office, and shall be removed by the appointing	21908
authority if the ~~member's spouse, child, parent, brother, sister,~~	21909
~~stepparent, stepchild, stepbrother, stepsister, father-in-law,~~	21910
~~mother-in-law, son-in-law, daughter-in-law, brother-in-law, or~~	21911
~~sister-in-law serves as a county commissioner of a county or~~	21912
~~counties in the service district or serves as a member or employee~~	21913
~~of the board of an agency with which the board of alcohol, drug~~	21914
~~addiction, and mental health services has entered a contract for~~	21915
~~the provision of services or facilities~~member is barred by this	21916
section from serving as a board member. The member shall be	21917
informed in writing of the charges and afforded an opportunity for	21918
a hearing. Upon the absence of a member within one year from	21919
either four board meetings or from two board meetings without	21920
prior notice, the board shall notify the appointing authority,	21921
which may vacate the appointment and appoint another person to	21922
complete the member's term.	21923

Members of the board shall serve without compensation, but	21924
shall be reimbursed for actual and necessary expenses incurred in	21925
the performance of their official duties, as defined by rules of	21926
the departments of mental health and alcohol and drug addiction	21927
services.	21928

Sec. 340.03. (A) Subject to rules issued by the director of	21929
mental health after consultation with relevant constituencies as	21930
required by division ~~(A)(11)~~(L) of section 5119.06 of the Revised	21931
Code, with regard to mental health services, the board of alcohol,	21932
drug addiction, and mental health services shall:	21933

(1) Serve as the community mental health planning agency for	21934
the county or counties under its jurisdiction, and in so doing it	21935
shall:	21936

(a) Evaluate the need for facilities and community mental	21937
health services;	21938

(b) In cooperation with other local and regional planning and	21939
funding bodies and with relevant ethnic organizations, assess the	21940
community mental health needs, set priorities, and develop plans	21941
for the operation of facilities and community mental health	21942
services;	21943

(c) In accordance with guidelines issued by the director of	21944
mental health after consultation with board representatives,	21945
annually develop and submit to the department of mental health~~, no~~	21946
~~later than six months prior to the conclusion of the fiscal year~~	21947
~~in which the board's current plan is scheduled to expire,~~ a	21948
community mental health plan listing community mental health	21949
needs, including the needs of all residents of the district now	21950
residing in state mental institutions and severely mentally	21951
disabled adults, children, and adolescents; all children subject	21952
to a determination made pursuant to section 121.38 of the Revised	21953
Code; and all the facilities and community mental health services	21954
that are or will be in operation or provided during the period for	21955
which the plan will be in operation in the service district to	21956
meet such needs.	21957

The plan shall include, but not be limited to, a statement of	21958
which of the services listed in section 340.09 of the Revised Code	21959
the board intends to make available. The board must include crisis	21960
intervention services for individuals in an emergency situation in	21961
the plan and explain how the board intends to make such services	21962
available. The plan must also include ~~an explanation of how the~~	21963
~~board intends to make any payments that it may be required to pay~~	21964
~~under section 5119.62 of the Revised Code,~~ a statement of the	21965
inpatient and community-based services the board proposes that the	21966
department operate, an assessment of the number and types of	21967
residential facilities needed, such other information as the	21968
department requests, and a budget for moneys the board expects to	21969
receive. The ~~board shall also submit an allocation request for~~	21970
~~state and federal funds. Within sixty days after the department's~~	21971
~~determination that the plan and allocation request are complete,~~	21972
~~the~~ department shall approve or disapprove the plan ~~and request~~,	21973
in whole or in part, according to the criteria developed pursuant	21974
to section 5119.61 of the Revised Code. The department's statement	21975
of approval or disapproval shall specify the inpatient and the	21976
community-based services that the department will operate for the	21977
board. Eligibility for state and federal funding shall be	21978
contingent upon an approved plan or relevant part of a plan.	21979

~~If the director disapproves all or part of any plan, the~~	21980
~~director shall inform the board of the reasons for the disapproval~~	21981
~~and of the criteria that must be met before the plan may be~~	21982
~~approved. The director shall provide the board an opportunity to~~	21983
~~present its case on behalf of the plan. The director shall give~~	21984
~~the board a reasonable time in which to meet the criteria, and~~	21985
~~shall offer the board technical assistance to help it meet the~~	21986
~~criteria.~~	21987

~~If the approval of a plan remains in dispute thirty days~~	21988
~~prior to the conclusion of the fiscal year in which the board's~~	21989
~~current plan is scheduled to expire, the board or the director may~~	21990
~~request that the dispute be submitted to a mutually agreed upon~~	21991
~~third-party mediator with the cost to be shared by the board and~~	21992
~~the department. The mediator shall issue to the board and the~~	21993
~~department recommendations for resolution of the dispute. Prior to~~	21994
~~the conclusion of the fiscal year in which the current plan is~~	21995
~~scheduled to expire, the director, taking into consideration the~~	21996
~~recommendations of the mediator, shall make a final determination~~	21997
~~and approve or disapprove the plan, in whole or in part.~~	21998

If a board determines that it is necessary to amend a plan or	21999
an allocation request that has been approved under division	22000
(A)(1)(c) of this section, the board shall submit a proposed	22001
amendment to the director. The director may approve or disapprove	22002
all or part of the amendment. ~~If the director does not approve all~~	22003
~~or part of the amendment within thirty days after it is submitted,~~	22004
~~the amendment or part of it shall be considered to have been~~	22005
~~approved.~~ The director shall inform the board of the reasons for	22006
disapproval of all or part of an amendment and of the criteria	22007
that must be met before the amendment may be approved. The	22008
director shall provide the board an opportunity to present its	22009
case on behalf of the amendment. The director shall give the board	22010
a reasonable time in which to meet the criteria, and shall offer	22011
the board technical assistance to help it meet the criteria.	22012

The board shall implement the plan approved by the	22013
department.	22014

(d) ~~Receive, compile, and transmit to the department of~~	22015
~~mental health applications for state reimbursement;~~	22016

~~(e)~~ Promote, arrange, and implement working agreements with	22017
social agencies, both public and private, and with judicial	22018
agencies.	22019

(2) Investigate, or request another agency to investigate,	22020
any complaint alleging abuse or neglect of any person receiving	22021
services from a community mental health agency as defined in	22022
section 5122.01 of the Revised Code, or from a residential	22023
facility licensed under section 5119.22 of the Revised Code. If	22024
the investigation substantiates the charge of abuse or neglect,	22025
the board shall take whatever action it determines is necessary to	22026
correct the situation, including notification of the appropriate	22027
authorities. Upon request, the board shall provide information	22028
about such investigations to the department.	22029

(3) For the purpose of section 5119.611 of the Revised Code,	22030
cooperate with the director of mental health in visiting and	22031
evaluating whether the services of a community mental health	22032
agency satisfy the certification standards established by rules	22033
adopted under that section;	22034

(4) In accordance with criteria established under division	22035
~~(G)~~(E) of section 5119.61 of the Revised Code, review and evaluate	22036
the quality, effectiveness, and efficiency of services provided	22037
through its community mental health plan and submit its findings	22038
and recommendations to the department of mental health;	22039

(5) In accordance with section 5119.22 of the Revised Code,	22040
review applications for residential facility licenses and	22041
recommend to the department of mental health approval or	22042
disapproval of applications;	22043

(6) Audit, in accordance with rules adopted by the auditor of	22044
state pursuant to section 117.20 of the Revised Code, at least	22045
annually all programs and services provided under contract with	22046
the board. In so doing, the board may contract for or employ the	22047
services of private auditors. A copy of the fiscal audit report	22048
shall be provided to the director of mental health, the auditor of	22049
state, and the county auditor of each county in the board's	22050
district.	22051

(7) Recruit and promote local financial support for mental	22052
health programs from private and public sources;	22053

(8)(a) Enter into contracts with public and private	22054
facilities for the operation of facility services included in the	22055
board's community mental health plan and enter into contracts with	22056
public and private community mental health agencies for the	22057
provision of community mental health services that are listed in	22058
section 340.09 of the Revised Code and included in the board's	22059
community mental health plan. The board may not contract with a	22060
community mental health agency to provide community mental health	22061
services included in the board's community mental health plan	22062
unless the services are certified by the director of mental health	22063
under section 5119.611 of the Revised Code. Section 307.86 of the	22064
Revised Code does not apply to contracts entered into under this	22065
division. In contracting with a community mental health agency, a	22066
board shall consider the cost effectiveness of services provided	22067
by that agency and the quality and continuity of care, and may	22068
review cost elements, including salary costs, of the services to	22069
be provided. A utilization review process shall be established as	22070
part of the contract for services entered into between a board and	22071
a community mental health agency. The board may establish this	22072
process in a way that is most effective and efficient in meeting	22073
local needs. ~~In the case of~~Until July 1, 2012, a contract with a	22074
community mental health agency or facility, as defined in section	22075
5111.023 of the Revised Code, to provide services listed in	22076
division (B) of that section~~, the contract~~ shall provide for the	22077
agency or facility to be paid in accordance with the contract	22078
entered into between the departments of job and family services	22079
and mental health under section 5111.91 of the Revised Code and	22080
any rules adopted under division (A) of section 5119.61 of the	22081
Revised Code.	22082

If either the board or a facility or community mental health	22083
agency with which the board contracts under division (A)(8)(a) of	22084
this section proposes not to renew the contract or proposes	22085
substantial changes in contract terms, the other party shall be	22086
given written notice at least one hundred twenty days before the	22087
expiration date of the contract. During the first sixty days of	22088
this one hundred twenty-day period, both parties shall attempt to	22089
resolve any dispute through good faith collaboration and	22090
negotiation in order to continue to provide services to persons in	22091
need. If the dispute has not been resolved sixty days before the	22092
expiration date of the contract, either party may ~~notify the~~	22093
~~department of mental health of the unresolved dispute. The~~	22094
~~director may require~~request that both parties to submit the	22095
dispute to a third party with the cost to be shared by the board	22096
and the facility or community mental health agency. The third	22097
party shall issue to the board~~, the~~and facility or agency~~, and~~	22098
~~the department~~ recommendations on how the dispute may be resolved	22099
twenty days prior to the expiration date of the contract, unless	22100
both parties agree to a time extension. ~~The director shall adopt~~	22101
~~rules establishing the procedures of this dispute resolution~~	22102
~~process.~~	22103

(b) With the prior approval of the director of mental health,	22104
a board may operate a facility or provide a community mental	22105
health service as follows, if there is no other qualified private	22106
or public facility or community mental health agency that is	22107
immediately available and willing to operate such a facility or	22108
provide the service:	22109

(i) In an emergency situation, any board may operate a	22110
facility or provide a community mental health service in order to	22111
provide essential services for the duration of the emergency;	22112

(ii) In a service district with a population of at least one	22113
hundred thousand but less than five hundred thousand, a board may	22114
operate a facility or provide a community mental health service	22115
for no longer than one year;	22116

(iii) In a service district with a population of less than	22117
one hundred thousand, a board may operate a facility or provide a	22118
community mental health service for no longer than one year,	22119
except that such a board may operate a facility or provide a	22120
community mental health service for more than one year with the	22121
prior approval of the director and the prior approval of the board	22122
of county commissioners, or of a majority of the boards of county	22123
commissioners if the district is a joint-county district.	22124

The director shall not give a board approval to operate a	22125
facility or provide a community mental health service under	22126
division (A)(8)(b)(ii) or (iii) of this section unless the	22127
director determines that it is not feasible to have the department	22128
operate the facility or provide the service.	22129

The director shall not give a board approval to operate a	22130
facility or provide a community mental health service under	22131
division (A)(8)(b)(iii) of this section unless the director	22132
determines that the board will provide greater administrative	22133
efficiency and more or better services than would be available if	22134
the board contracted with a private or public facility or	22135
community mental health agency.	22136

The director shall not give a board approval to operate a	22137
facility previously operated by a person or other government	22138
entity unless the board has established to the director's	22139
satisfaction that the person or other government entity cannot	22140
effectively operate the facility or that the person or other	22141
government entity has requested the board to take over operation	22142
of the facility. The director shall not give a board approval to	22143
provide a community mental health service previously provided by a	22144
community mental health agency unless the board has established to	22145
the director's satisfaction that the agency cannot effectively	22146
provide the service or that the agency has requested the board	22147
take over providing the service.	22148

The director shall review and evaluate a board's operation of	22149
a facility and provision of community mental health service under	22150
division (A)(8)(b) of this section.	22151

Nothing in division (A)(8)(b) of this section authorizes a	22152
board to administer or direct the daily operation of any facility	22153
or community mental health agency, but a facility or agency may	22154
contract with a board to receive administrative services or staff	22155
direction from the board under the direction of the governing body	22156
of the facility or agency.	22157

(9) Approve fee schedules and related charges or adopt a unit	22158
cost schedule or other methods of payment for contract services	22159
provided by community mental health agencies in accordance with	22160
guidelines issued by the department as necessary to comply with	22161
state and federal laws pertaining to financial assistance;	22162

(10) Submit to the director and the county commissioners of	22163
the county or counties served by the board, and make available to	22164
the public, an annual report of the programs under the	22165
jurisdiction of the board, including a fiscal accounting;	22166

(11) Establish, to the extent resources are available, a	22167
community support system, which provides for treatment, support,	22168
and rehabilitation services and opportunities. The essential	22169
elements of the system include, but are not limited to, the	22170
following components in accordance with section 5119.06 of the	22171
Revised Code:	22172

(a) To locate persons in need of mental health services to	22173
inform them of available services and benefits mechanisms;	22174

(b) Assistance for clients to obtain services necessary to	22175
meet basic human needs for food, clothing, shelter, medical care,	22176
personal safety, and income;	22177

(c) Mental health care, including, but not limited to,	22178
outpatient, partial hospitalization, and, where appropriate,	22179
inpatient care;	22180

(d) Emergency services and crisis intervention;

22181

(e) Assistance for clients to obtain vocational services and	22182
opportunities for jobs;	22183

(f) The provision of services designed to develop social,	22184
community, and personal living skills;	22185

(g) Access to a wide range of housing and the provision of	22186
residential treatment and support;	22187

(h) Support, assistance, consultation, and education for	22188
families, friends, consumers of mental health services, and	22189
others;	22190

(i) Recognition and encouragement of families, friends,	22191
neighborhood networks, especially networks that include racial and	22192
ethnic minorities, churches, community organizations, and	22193
meaningful employment as natural supports for consumers of mental	22194
health services;	22195

(j) Grievance procedures and protection of the rights of	22196
consumers of mental health services;	22197

(k) Case management, which includes continual individualized	22198
assistance and advocacy to ensure that needed services are offered	22199
and procured.	22200

(12) Designate the treatment program, agency, or facility for	22201
each person involuntarily committed to the board pursuant to	22202
Chapter 5122. of the Revised Code and authorize payment for such	22203
treatment. The board shall provide the least restrictive and most	22204
appropriate alternative that is available for any person	22205
involuntarily committed to it and shall assure that the services	22206
listed in section 340.09 of the Revised Code are available to	22207
severely mentally disabled persons residing within its service	22208
district. The board shall establish the procedure for authorizing	22209
payment for services, which may include prior authorization in	22210
appropriate circumstances. The board may provide for services	22211
directly to a severely mentally disabled person when life or	22212
safety is endangered and when no community mental health agency is	22213
available to provide the service.	22214

(13) Establish a method for evaluating referrals for	22215
involuntary commitment and affidavits filed pursuant to section	22216
5122.11 of the Revised Code in order to assist the probate	22217
division of the court of common pleas in determining whether there	22218
is probable cause that a respondent is subject to involuntary	22219
hospitalization and what alternative treatment is available and	22220
appropriate, if any;	22221

(14) Ensure that apartments or rooms built, subsidized,	22222
renovated, rented, owned, or leased by the board or a community	22223
mental health agency have been approved as meeting minimum fire	22224
safety standards and that persons residing in the rooms or	22225
apartments are receiving appropriate and necessary services,	22226
including culturally relevant services, from a community mental	22227
health agency. This division does not apply to residential	22228
facilities licensed pursuant to section 5119.22 of the Revised	22229
Code.	22230

(15) Establish a mechanism for involvement of consumer	22231
recommendation and advice on matters pertaining to mental health	22232
services in the alcohol, drug addiction, and mental health service	22233
district;	22234

(16) Perform the duties under section ~~3722.18~~5119.88 of the	22235
Revised Code required by rules adopted under section 5119.61 of	22236
the Revised Code regarding referrals by the board or mental health	22237
agencies under contract with the board of individuals with mental	22238
illness or severe mental disability to adult care facilities and	22239
effective arrangements for ongoing mental health services for the	22240
individuals. The board is accountable in the manner specified in	22241
the rules for ensuring that the ongoing mental health services are	22242
effectively arranged for the individuals.	22243

(B) The board shall establish such rules, operating	22244
procedures, standards, and bylaws, and perform such other duties	22245
as may be necessary or proper to carry out the purposes of this	22246
chapter.	22247

(C) A board of alcohol, drug addiction, and mental health	22248
services may receive by gift, grant, devise, or bequest any	22249
moneys, lands, or property for the benefit of the purposes for	22250
which the board is established, and may hold and apply it	22251
according to the terms of the gift, grant, or bequest. All money	22252
received, including accrued interest, by gift, grant, or bequest	22253
shall be deposited in the treasury of the county, the treasurer of	22254
which is custodian of the alcohol, drug addiction, and mental	22255
health services funds to the credit of the board and shall be	22256
available for use by the board for purposes stated by the donor or	22257
grantor.	22258

(D) No board member or employee of a board of alcohol, drug	22259
addiction, and mental health services shall be liable for injury	22260
or damages caused by any action or inaction taken within the scope	22261
of the board member's official duties or the employee's	22262
employment, whether or not such action or inaction is expressly	22263
authorized by this section, section 340.033, or any other section	22264
of the Revised Code, unless such action or inaction constitutes	22265
willful or wanton misconduct. Chapter 2744. of the Revised Code	22266
applies to any action or inaction by a board member or employee of	22267
a board taken within the scope of the board member's official	22268
duties or employee's employment. For the purposes of this	22269
division, the conduct of a board member or employee shall not be	22270
considered willful or wanton misconduct if the board member or	22271
employee acted in good faith and in a manner that the board member	22272
or employee reasonably believed was in or was not opposed to the	22273
best interests of the board and, with respect to any criminal	22274
action or proceeding, had no reasonable cause to believe the	22275
conduct was unlawful.	22276

(E) The meetings held by any committee established by a board	22277
of alcohol, drug addiction, and mental health services shall be	22278
considered to be meetings of a public body subject to section	22279
121.22 of the Revised Code.	22280

Sec. 340.05. A community mental health agency that receives	22281
a complaint under section ~~3722.17~~5119.87 of the Revised Code	22282
alleging abuse or neglect of an individual with mental illness or	22283
severe mental disability who resides in an adult care facility	22284
shall report the complaint to the board of alcohol, drug	22285
addiction, and mental health services serving the alcohol, drug	22286
addiction, and mental health service district in which the adult	22287
care facility is located. A board of alcohol, drug addiction, and	22288
mental health services that receives such a complaint or a report	22289
from a community mental health agency of such a complaint shall	22290
report the complaint to the director of mental health for the	22291
purpose of the director conducting an investigation under section	22292
~~3722.17~~5119.87 of the Revised Code. The board may enter the adult	22293
care facility with or without the director and, if the health and	22294
safety of a resident is in immediate danger, take any necessary	22295
action to protect the resident. The board's action shall not	22296
violate any resident's rights under section ~~3722.12~~5119.81 of the	22297
Revised Code and rules adopted by the ~~public health council~~	22298
department of mental health under ~~that chapter~~sections 5119.70 to	22299
5119.88 of the Revised Code. The board shall immediately report to	22300
the director regarding the board's actions under this section.	22301

Sec. 340.091. Each board of alcohol, drug addiction, and	22302
mental health services shall contract with a community mental	22303
health agency under division (A)~~(8)~~(7)(a) of section 340.03 of the	22304
Revised Code for the agency to do all of the following in	22305
accordance with rules adopted under section 5119.61 of the Revised	22306
Code for an individual referred to the agency under division	22307
(C)(2) of section ~~173.35~~5119.69 of the Revised Code:	22308

(A) Assess the individual to determine whether to recommend	22309
that a ~~PASSPORT~~residential state supplement administrative agency	22310
designated under section 5119.69 of the Revised Code determine	22311
that the environment in which the individual will be living while	22312
receiving residential state supplement payments is appropriate for	22313
the individual's needs and, if it determines the environment is	22314
appropriate, issue the recommendation to the ~~PASSPORT~~residential	22315
state supplement administrative agency;	22316

(B) Provide ongoing monitoring to ensure that services	22317
provided under section 340.09 of the Revised Code are available to	22318
the individual;	22319

(C) Provide discharge planning to ensure the individual's	22320
earliest possible transition to a less restrictive environment.	22321

Sec. 340.11. ~~(A)~~ A board of alcohol, drug addiction, and	22322
mental health services may procure a policy or policies of	22323
insurance insuring board members or employees of the board or	22324
agencies with which the board contracts against liability arising	22325
from the performance of their official duties. If the liability	22326
insurance is unavailable or the amount a board has procured or is	22327
able to procure is insufficient to cover the amount of a claim,	22328
the board may indemnify a board member or employee as follows:	22329

~~(1)~~(A) For any action or inaction in ~~his~~the capacity ~~as a~~of	22330
board member or employee or at the request of the board, whether	22331
or not the action or inaction is expressly authorized by this or	22332
any other section of the Revised Code, if:	22333

~~(a)~~(1) The board member or employee acted in good faith and	22334
in a manner that hethe board member or employee reasonably	22335
believed was in or was not opposed to the best interests of the	22336
board; and	22337

~~(b)~~(2) With respect to any criminal action or proceeding, the	22338
board member or employee had no reason to believe ~~his~~the board	22339
member's or employee's conduct was unlawful.	22340

~~(2)~~(B) Against any expenses, including attorneys' fees, the	22341
board member or employee actually and reasonably incurs as a	22342
result of a suit or other proceeding involving the defense of any	22343
action or inaction in ~~his~~the capacity ~~as a~~of board member or	22344
employee or at the request of the board, or in defense of any	22345
claim, issue, or matter raised in connection with the defense of	22346
such an action or inaction, to the extent that the board member or	22347
employee is successful on the merits or otherwise.	22348

~~(B) The board may utilize up to that per cent of its budget~~	22349
~~as approved by the department of mental health to purchase~~	22350
~~insurance and to pool with funds of other boards of alcohol, drug~~	22351
~~addiction, and mental health services, as provided in division (E)~~	22352
~~of section 5119.62 of the Revised Code, to pay expenditures for~~	22353
~~utilization of state hospital facilities that exceed the amount~~	22354
~~allocated to the board under the formula developed under that~~	22355
~~section.~~	22356

Sec. 341.192. (A) As used in this section:

22357

(1) "Jail" means a county jail, or a multicounty,	22358
municipal-county, or multicounty-municipal correctional center.	22359

(2) "Medical assistance program" has the same meaning as in	22360
section 2913.40 of the Revised Code.	22361

~~(2)~~(3) "Medical provider" means a physician, hospital,	22362
laboratory, pharmacy, or other health care provider that is not	22363
employed by or under contract to a county, municipal corporation,	22364
township, the department of youth services, or the department of	22365
rehabilitation and correction to provide medical services to	22366
persons confined in ~~the county~~a jail or a state correctional	22367
institution, or is in the custody of a law enforcement officer.	22368

~~(3)~~(4) "Necessary care" means medical care of a nonelective	22369
nature that cannot be postponed until after the period of	22370
confinement of a person who is confined in a ~~county~~ jail or a	22371
state correctional institution, or is in the custody of a law	22372
enforcement officer without endangering the life or health of the	22373
person.	22374

(B) If a physician employed by or under contract to a county,	22375
municipal corporation, township, the department of youth services,	22376
or the department of rehabilitation and correction to provide	22377
medical services to persons confined in ~~the county~~a jail or state	22378
correctional institution determines that a person who is confined	22379
in the ~~county~~ jail or a state correctional institution or who is	22380
in the custody of a law enforcement officer prior to the person's	22381
confinement in ~~the county~~a jail or a state correctional	22382
institution requires necessary care that the physician cannot	22383
provide, the necessary care shall be provided by a medical	22384
provider. The county, municipal corporation, township, the	22385
department of youth services, or the department of rehabilitation	22386
and correction shall pay a medical provider for necessary care an	22387
amount not exceeding the authorized reimbursement rate for the	22388
same service established by the department of job and family	22389
services under the medical assistance program.	22390

Sec. 343.08. (A) The board of county commissioners of a	22391
county solid waste management district and the board of directors	22392
of a joint solid waste management district may fix reasonable	22393
rates or charges to be paid by every person, municipal	22394
corporation, township, or other political subdivision that owns	22395
premises to which solid waste collection, storage, transfer,	22396
disposal, recycling, processing, or resource recovery service is	22397
provided by the district and may change the rates or charges	22398
whenever it considers it advisable. Charges for collection,	22399
storage, transfer, disposal, recycling, processing, or resource	22400
recovery service shall be made only against lots or parcels that	22401
are improved, or in the process of being improved, with at least	22402
one permanent, portable, or temporary building. The rates or	22403
charges may be collected by either of the following means:	22404

(1) Periodic billings made by the district directly or in	22405
conjunction with billings for public utility rates or charges by a	22406
county water district established under section 6103.02 of the	22407
Revised Code, a county sewer district established under section	22408
6117.02 of the Revised Code, or a municipal corporation or other	22409
political subdivision authorized by law to provide public utility	22410
service. When any such charges that are so billed are not paid,	22411
the board shall certify them to the county auditor of the county	22412
where the lots or parcels are located, who shall place them upon	22413
the real property duplicate against the property served by the	22414
collection, storage, transfer, disposal, recycling, processing, or	22415
resource recovery service. The charges shall be a lien on the	22416
property from the date they are placed upon the real property	22417
duplicate by the auditor and shall be collected in the same manner	22418
as other taxes.	22419

(2) Certifying the rates or charges to the county auditor of	22420
the county where the lots or parcels are located, who shall place	22421
them on the real property duplicate against the lots or parcels.	22422
The rates or charges are a lien on the property from the date they	22423
are placed upon the real property duplicate by the auditor and	22424
shall be collected in the same manner as other taxes.	22425

The county or joint district need not fix a rate or charge	22426
against property if the district does not operate a collection	22427
system.	22428

Where a county or joint district owns or operates a solid	22429
waste facility, either without a collection system or in	22430
conjunction therewith, the board of county commissioners or board	22431
of directors may fix reasonable rates or charges for the use of	22432
the facility by persons, municipal corporations, townships, and	22433
other political subdivisions, may contract with any public	22434
authority or person for the collection of solid wastes in any part	22435
of any district for collection, storage, disposal, transfer,	22436
recycling, processing, or resource recovery in any solid waste	22437
facility, or may lease the facility to any public authority or	22438
person. The cost of collection, storage, transfer, disposal,	22439
recycling, processing, or resource recovery under such contracts	22440
may be paid by rates or charges fixed and collected under this	22441
section or by rates and charges fixed under those contracts and	22442
collected by the contractors.	22443

All moneys collected by or on behalf of a county or joint	22444
district as rates or charges for solid waste collection, storage,	22445
transfer, disposal, recycling, processing, or resource recovery	22446
service in any district shall be paid to the county treasurer in a	22447
county district or to the county treasurer or other official	22448
designated by the board of directors in a joint district and kept	22449
in a separate and distinct fund to the credit of the district. The	22450
fund shall be used for the payment of the cost of the management,	22451
maintenance, and operation of the solid waste collection or other	22452
solid waste facilities of the district and, if applicable, the	22453
payment of the cost of collecting the rates or charges of the	22454
district pursuant to division (A)(1) or (2) of this section. Prior	22455
to the approval of the district's initial solid waste management	22456
plan under section 3734.55 of the Revised Code or the issuance of	22457
an order under that section requiring the district to implement an	22458
initial plan prepared by the director, as appropriate, the fund	22459
also may be used for the purposes of division (G)(1) or (3) of	22460
section 3734.57 of the Revised Code. On and after the approval of	22461
the district's initial plan under section 3734.521 or 3734.55 of	22462
the Revised Code or the issuance of an order under either of those	22463
sections, as appropriate, requiring the district to implement an	22464
initial plan prepared by the director, the fund also may be used	22465
for the purposes of divisions (G)(1) to (10) of section 3734.57 of	22466
the Revised Code. Those uses may include, in accordance with a	22467
cost allocation plan adopted under division (B) of this section,	22468
the payment of all allowable direct and indirect costs of the	22469
district, the sanitary engineer or sanitary engineering	22470
department, or a federal or state grant program, incurred for the	22471
purposes of this chapter and sections 3734.52 to 3734.572 of the	22472
Revised Code. Any surplus remaining after those uses of the fund	22473
may be used for the enlargement, modification, or replacement of	22474
such facilities and for the payment of the interest and principal	22475
on bonds and bond anticipation notes issued pursuant to section	22476
343.07 of the Revised Code. In no case shall money so collected be	22477
expended otherwise than for the use and benefit of the district.	22478

A board of county commissioners or directors, instead of	22479
operating and maintaining solid waste collection or other solid	22480
waste facilities of the district with county or joint district	22481
personnel, may enter into a contract with a municipal corporation	22482
having territory within the district pursuant to which the	22483
operation and maintenance of the facilities will be performed by	22484
the municipal corporation.	22485

The products of any solid waste collection or other solid	22486
waste facility owned under this chapter shall be sold through	22487
competitive bidding in accordance with section 307.12 of the	22488
Revised Code, except when a board of county commissioners or	22489
directors determines by resolution that it is in the public	22490
interest to sell those products in a commercially reasonable	22491
manner without competitive bidding.	22492

(B) A board of county commissioners or directors may adopt a	22493
cost allocation plan that identifies, accumulates, and distributes	22494
allowable direct and indirect costs that may be paid from the fund	22495
of the district created in division (A) of this section and	22496
prescribes methods for allocating those costs. The plan shall	22497
authorize payment from the fund for only those costs incurred by	22498
the district, the sanitary engineer or sanitary engineering	22499
department, or a federal or state grant program, and those costs	22500
incurred by the general and other funds of the county for a common	22501
or joint purpose, that are necessary and reasonable for the proper	22502
and efficient administration of the district under this chapter	22503
and sections 3734.52 to 3734.572 of the Revised Code. The plan	22504
shall not authorize payment from the fund of any general	22505
government expense required to carry out the overall governmental	22506
responsibilities of a county. The plan shall conform to United	22507
States office of management and budget Circular A-87 "Cost	22508
Principles for State and Local Governments," published January 15,	22509
1983.	22510

(C) A board of county commissioners or directors shall fix	22511
rates or charges, or enter into contracts fixing the rates or	22512
charges to be collected by the contractor, for solid waste	22513
collection, storage, transfer, disposal, recycling, processing, or	22514
resource recovery services at a public meeting held in accordance	22515
with section 121.22 of the Revised Code. In addition to fulfilling	22516
the requirements of section 121.22 of the Revised Code, the board,	22517
before fixing or changing rates or charges for solid waste	22518
collection, storage, transfer, disposal, recycling, processing, or	22519
resource recovery services, or before entering into a contract	22520
that fixes rates or charges to be collected by the contractor	22521
providing the services, shall hold at least three public hearings	22522
on the proposed rates, charges, or contract. Prior to the first	22523
public hearing, the board shall publish notice of the public	22524
hearings as provided in section 7.16 of the Revised Code or once a	22525
week for three consecutive weeks in a newspaper of general	22526
circulation in the county or counties that would be affected by	22527
the proposed rates, charges, or contract. The notice shall include	22528
a listing of the proposed rates or charges to be fixed and	22529
collected by the board or fixed pursuant to the contract and	22530
collected by the contractor, and the dates, time, and place of	22531
each of the three hearings thereon. The board shall hear any	22532
person who wishes to testify on the proposed rates, charges, or	22533
contract.	22534

Sec. 345.03. A copy of any resolution adopted under section	22535
345.01 of the Revised Code shall be certified within five days by	22536
the taxing authority and not later than four p. m. of the	22537
ninetieth day before the day of the election, to the county board	22538
of elections, and such board shall submit the proposal to the	22539
electors of the subdivision at the succeeding general election.	22540
The board shall make the necessary arrangements for the submission	22541
of such question to the electors of the subdivision, and the	22542
election shall be conducted, canvassed, and certified in like	22543
manner as regular elections in such subdivision.	22544

Notice of the election shall be published once in a newspaper	22545
of general circulation in the subdivision, ~~at least once,~~ not less	22546
than two weeks prior to such election. The notice shall set out	22547
the purpose of the proposed increase in rate, the amount of the	22548
increase expressed in dollars and cents for each one hundred	22549
dollars of valuation as well as in mills for each one dollar of	22550
property valuation, the number of years during which such increase	22551
will be in effect, and the time and place of holding such	22552
election.	22553

Sec. 349.03. (A) Proceedings for the organization of a new	22554
community authority shall be initiated by a petition filed by the	22555
developer in the office of the clerk of the board of county	22556
commissioners of one of the counties in which all or part of the	22557
proposed new community district is located. Such petition shall be	22558
signed by the developer and may be signed by each proximate city.	22559
The legislative authorities of each such proximate city shall act	22560
in behalf of such city. Such petition shall contain:	22561

(1) The name of the proposed new community authority;

22562

(2) The address where the principal office of the authority	22563
will be located or the manner in which the location will be	22564
selected;	22565

(3) A map and a full and accurate description of the	22566
boundaries of the new community district together with a	22567
description of the properties within such boundaries, if any,	22568
which will not be included in the new community district. Unless	22569
the district is wholly contained within municipalities, the total	22570
acreage included in such district shall not be less than one	22571
thousand acres, all of which acreage shall be owned by, or under	22572
the control through leases of at least seventy-five years'	22573
duration, options, or contracts to purchase, of the developer, if	22574
the developer is a private entity. Such acreage shall be	22575
developable as one functionally interrelated community. In the	22576
case of a new community authority established on or after the	22577
effective date of this amendment and before January 1, 2012, such	22578
leases may be of not less than forty years' duration, and the	22579
acreage may be developable so that the community is one	22580
functionally interrelated community.	22581

(4) A statement setting forth the zoning regulations proposed	22582
for zoning the area within the boundaries of the new community	22583
district for comprehensive development as a new community, and if	22584
the area has been zoned for such development, a certified copy of	22585
the applicable zoning regulations therefor;	22586

(5) A current plan indicating the proposed development	22587
program for the new community district, the land acquisition and	22588
land development activities, community facilities, services	22589
proposed to be undertaken by the new community authority under	22590
such program, the proposed method of financing such activities and	22591
services, including a description of the bases, timing, and manner	22592
of collecting any proposed community development charges, and the	22593
projected total residential population of, and employment within,	22594
the new community;	22595

(6) A suggested number of members, consistent with section	22596
349.04 of the Revised Code, for the board of trustees;	22597

(7) A preliminary economic feasibility analysis, including	22598
the area development pattern and demand, location and proposed new	22599
community district size, present and future socio-economic	22600
conditions, public services provision, financial plan, and the	22601
developer's management capability;	22602

(8) A statement that the development will comply with all	22603
applicable environmental laws and regulations.	22604

Upon the filing of such petition, the organizational board of	22605
commissioners shall determine whether such petition complies with	22606
the requirements of this section as to form and substance. The	22607
board in subsequent proceedings may at any time permit the	22608
petition to be amended in form and substance to conform to the	22609
facts by correcting any errors in the description of the proposed	22610
new community district or in any other particular.	22611

Upon the determination of the organizational board of	22612
commissioners that a sufficient petition has been filed in	22613
accordance with this section, the board shall fix the time and	22614
place of a hearing on the petition for the establishment of the	22615
proposed new community authority. Such hearing shall be held not	22616
less than ninety-five nor more than one hundred fifteen days after	22617
the petition filing date, except that if the petition has been	22618
signed by all proximate cities, such hearing shall be held not	22619
less than thirty nor more than forty-five days after the petition	22620
filing date. The clerk of the board of county commissioners with	22621
which the petition was filed shall give notice thereof by	22622
publication once each week for three consecutive weeks, or as	22623
provided in section 7.16 of the Revised Code, in a newspaper of	22624
general circulation in any county of which a portion is within the	22625
proposed new community district. Such clerk shall also give	22626
written notice of the date, time, and place of the hearing and	22627
furnish a certified copy of the petition to the clerk of the	22628
legislative authority of each proximate city which has not signed	22629
such petition. In the event that the legislative authority of a	22630
proximate city which did not sign the petition does not approve by	22631
ordinance, resolution, or motion the establishment of the proposed	22632
new community authority and does not deliver such ordinance,	22633
resolution, or motion to the clerk of the board of county	22634
commissioners with which the petition was filed within ninety days	22635
following the date of the first publication of the notice of the	22636
public hearing, the organizational board of commissioners shall	22637
cancel such public hearing and terminate the proceedings for the	22638
establishment of the new community authority.	22639

Upon the hearing, if the organizational board of	22640
commissioners determines by resolution that the proposed new	22641
community district will be conducive to the public health, safety,	22642
convenience, and welfare, and is intended to result in the	22643
development of a new community, the board shall by its resolution,	22644
entered of record in its journal and the journal of the board of	22645
county commissioners with which the petition was filed, declare	22646
the new community authority to be organized and a body politic and	22647
corporate with the corporate name designated in the resolution,	22648
and define the boundary of the new community district. In	22649
addition, the resolution shall provide the method of selecting the	22650
board of trustees of the new community authority and fix the	22651
surety for their bonds in accordance with section 349.04 of the	22652
Revised Code.	22653

If the organizational board of commissioners finds that the	22654
establishment of the district will not be conducive to the public	22655
health, safety, convenience, or welfare, or is not intended to	22656
result in the development of a new community, it shall reject the	22657
petition thereby terminating the proceedings for the establishment	22658
of the new community authority.	22659

(B) At any time after the creation of a new community	22660
authority, the developer may file an application with the clerk of	22661
the board of county commissioners of the county in which the	22662
original petition was filed, setting forth a general description	22663
of territory it desires to add or to delete from such district,	22664
that such change will be conducive to the public health, safety,	22665
convenience, and welfare, and will be consistent with the	22666
development of a new community and will not jeopardize the plan of	22667
the new community. If the developer is not a municipal	22668
corporation, port authority, or county, all of such an addition to	22669
such a district shall be owned by, or under the control through	22670
leases of at least seventy-five years' duration, options, or	22671
contracts to purchase, of the developer. In the case of a new	22672
community authority established on or after the effective date of	22673
this amendment and before January 1, 2012, such leases may be of	22674
not less than forty years' duration. Upon the filing of the	22675
application, the organizational board of commissioners shall	22676
follow the same procedure as required by this section in relation	22677
to the petition for the establishment of the proposed new	22678
community.	22679

(C) If all or any part of the new community district is	22680
annexed to one or more existing municipal corporations, their	22681
legislative authorities may appoint persons to replace any	22682
appointed citizen member of the board of trustees. The number of	22683
such trustees to be replaced by the municipal corporation shall be	22684
the number, rounded to the lowest integer, bearing the	22685
proportionate relationship to the number of existing appointed	22686
citizen members as the acreage of the new community district	22687
within such municipal corporation bears to the total acreage of	22688
the new community district. If any such municipal corporation	22689
chooses to replace an appointed citizen member, it shall do so by	22690
ordinance, the term of the trustee being replaced shall terminate	22691
thirty days from the date of passage of such ordinance, and the	22692
trustee to be replaced shall be determined by lot. Each newly	22693
appointed member shall assume the term of the member's	22694
predecessor.	22695

Sec. 501.07. Lands described in division (A) of section	22696
501.06 of the Revised Code shall continue to be leased under the	22697
terms granted until such time as the lease may expire. At the time	22698
of expiration, subject to section 501.04 of the Revised Code, the	22699
land may be leased again by the board of education of the school	22700
district for whose benefit the land has been allocated or be	22701
offered for sale by public auction or by the receipt of sealed	22702
bids with the sale awarded by the school board to the highest	22703
bidder. Prior to the offering of these lands for sale, the school	22704
board shall have an appraisal made of these lands by at least two	22705
disinterested appraisers. Notification of the sale of these lands,	22706
including the minerals in or on these or other lands, shall be	22707
advertised ~~at least~~ once a week for two consecutive weeks, or as	22708
provided in section 7.16 of the Revised Code, in a newspaper of	22709
general circulation in the county in which the land is located. No	22710
bids shall be accepted for less than the appraised value of the	22711
land.	22712

Sec. 503.05. When a boundary line between townships is in	22713
dispute, the board of county commissioners, upon application of	22714
the board of township trustees of one of such townships, and upon	22715
notice in writing to the board of township trustees of such civil	22716
township, and on thirty days' public notice printed in a newspaper	22717
~~published~~of general circulation within the county, shall	22718
establish such boundary line and make a record thereof as provided	22719
by section 503.04 of the Revised Code.	22720

Sec. 503.162. (A) After certification of a resolution as	22721
provided in section 503.161 of the Revised Code, the board of	22722
elections shall submit the question of whether the township's name	22723
shall be changed to the electors of the unincorporated area of the	22724
township in accordance with division (C) of that section, and the	22725
ballot language shall be substantially as follows:	22726

"Shall the township of .......... (name) change its name to	22727
........ (proposed name)?	22728

.......... For name change

22729

.......... Against name change"

22730

(B)(1) At least forty-five days before the election on this	22731
question, the board of township trustees shall provide notice of	22732
the election and an explanation of the proposed name change in a	22733
newspaper of general circulation in the township once a week for	22734
two consecutive weeks ~~and~~or as provided in section 7.16 of the	22735
Revised Code. The board of township trustees shall post the notice	22736
and explanation in five conspicuous places in the unincorporated	22737
area of the township.	22738

(2) If the board of elections operates and maintains a web	22739
site, notice of the election and an explanation of the proposed	22740
name change shall be posted on that web site for at least thirty	22741
days before the election on this question.	22742

(C) If a majority of the votes cast on the proposition of	22743
changing the township's name is in the affirmative, the name	22744
change is adopted and becomes effective ninety days after the	22745
board of elections certifies the election results to the fiscal	22746
officer of the township. Upon receipt of the certification of the	22747
election results from the board of elections, the fiscal officer	22748
of the township shall send a copy of that certification to the	22749
secretary of state.	22750

(D) A change in the name of a township shall not alter the	22751
rights or liabilities of the township as previously named.	22752

Sec. 503.41. (A) A board of township trustees, by	22753
resolution, may regulate and require the registration of massage	22754
establishments and their employees within the unincorporated	22755
territory of the township. In accordance with sections 503.40 to	22756
503.49 of the Revised Code, for that purpose, the board, by a	22757
majority vote of all members, may adopt, amend, administer, and	22758
enforce regulations within the unincorporated territory of the	22759
township.	22760

(B) A board may adopt regulations and amendments under this	22761
section only after public hearing at not fewer than two regular	22762
sessions of the board. The board shall cause to be published in at	22763
~~least one~~a newspaper of general circulation in the township, or	22764
as provided in section 7.16 of the Revised Code, notice of the	22765
public hearings, including the time, date, and place, once a week	22766
for two weeks immediately preceding the hearings. The board shall	22767
make available proposed regulations or amendments to the public at	22768
the office of the board.	22769

(C) Regulations or amendments adopted by the board are	22770
effective thirty days after the date of adoption unless, within	22771
thirty days after the adoption of the regulations or amendments,	22772
the township fiscal officer receives a petition, signed by a	22773
number of qualified electors residing in the unincorporated area	22774
of the township equal to not less than ten per cent of the total	22775
vote cast for all candidates for governor in the area at the most	22776
recent general election at which a governor was elected,	22777
requesting the board to submit the regulations or amendments to	22778
the electors of the area for approval or rejection at the next	22779
primary or general election occurring at least ninety days after	22780
the board receives the petition.	22781

No regulation or amendment for which the referendum vote has	22782
been requested is effective unless a majority of the votes cast on	22783
the issue is in favor of the regulation or amendment. Upon	22784
certification by the board of elections that a majority of the	22785
votes cast on the issue was in favor of the regulation or	22786
amendment, the regulation or amendment takes immediate effect.	22787

(D) The board shall make available regulations it adopts or	22788
amends to the public at the office of the board and shall cause to	22789
be published once a notice of the availability of the regulations	22790
in ~~at least one~~a newspaper of general circulation in the township	22791
within ten days after their adoption or amendment.	22792

(E) Nothing in sections 503.40 to 503.49 of the Revised Code	22793
shall be construed to allow a board of township trustees to	22794
regulate the practice of any limited branch of medicine specified	22795
in section 4731.15 of the Revised Code or the practice of	22796
providing therapeutic massage by a licensed physician, a licensed	22797
chiropractor, a licensed podiatrist, a licensed nurse, or any	22798
other licensed health professional. As used in this division,	22799
"licensed" means licensed, certified, or registered to practice in	22800
this state.	22801

Sec. 504.02. (A) After certification of a resolution as	22802
provided in division (A) of section 504.01 of the Revised Code,	22803
the board of elections shall submit the question of whether to	22804
adopt a limited home rule government to the electors of the	22805
unincorporated area of the township, and the ballot language shall	22806
be substantially as follows:	22807

"Shall the township of ........... (name) adopt a limited	22808
home rule government, under which government the board of township	22809
trustees, by resolution, may exercise limited powers of local	22810
self-government and limited police powers?	22811

......		For adoption of a limited home rule government		22812
......		Against adoption of a limited home rule government"		22813

(B)(1) At least forty-five days before the election on this	22814
question, the board of township trustees shall have notice of the	22815
election and a description of the proposed limited home rule	22816
government published in a newspaper of general circulation in the	22817
township once a week for two consecutive weeks or as provided in	22818
section 7.16 of the Revised Code, and shall have the notice and	22819
description posted in five conspicuous places in the	22820
unincorporated area of the township.	22821

(2) If a board of elections operates and maintains a web	22822
site, notice of the election and a description of the proposed	22823
limited home rule government shall be posted on that web site for	22824
at least thirty days before the election on this question.	22825

(C) If a majority of the votes cast on the proposition of	22826
adopting a limited home rule government is in the affirmative,	22827
that government is adopted and becomes the government of the	22828
township on the first day of January immediately following the	22829
election.	22830

Sec. 504.03. (A)(1) If a limited home rule government is	22831
adopted pursuant to section 504.02 of the Revised Code, it shall	22832
remain in effect for at least three years except as otherwise	22833
provided in division (B) of this section. At the end of that	22834
period, if the board of township trustees determines that that	22835
government is not in the best interests of the township, it may	22836
adopt a resolution causing the board of elections to submit to the	22837
electors of the unincorporated area of the township the question	22838
of whether the township should continue the limited home rule	22839
government. The question shall be voted upon at the next general	22840
election occurring at least ninety days after the certification of	22841
the resolution to the board of elections. After certification of	22842
the resolution, the board of elections shall submit the question	22843
to the electors of the unincorporated area of the township, and	22844
the ballot language shall be substantially as follows:	22845

"Shall the township of ........... (name) continue the	22846
limited home rule government under which it is operating?	22847

......		For continuation of the limited home rule government		22848
......		Against continuation of the limited home rule government"		22849

(2)(a) At least forty-five days before the election on the	22850
question of continuing the limited home rule government, the board	22851
of township trustees shall have notice of the election published	22852
in a newspaper of general circulation in the township once a week	22853
for two consecutive weeks or as provided in section 7.16 of the	22854
Revised Code, and shall have the notice posted in five conspicuous	22855
places in the unincorporated area of the township.	22856

(b) If a board of elections operates and maintains a web	22857
site, notice of the election shall be posted on that web site for	22858
at least thirty days before the election on the question of	22859
continuing the limited home rule government.	22860

(B) The electors of a township that has adopted a limited	22861
home rule government may propose at any time by initiative	22862
petition, in accordance with section 504.14 of the Revised Code, a	22863
resolution submitting to the electors in the unincorporated area	22864
of the township, in an election, the question set forth in	22865
division (A)(1) of this section.	22866

(C) If a majority of the votes cast under division (A) or (B)	22867
of this section on the proposition of continuing the limited home	22868
rule government is in the negative, that government is terminated	22869
effective on the first day of January immediately following the	22870
election, and a limited home rule government shall not be adopted	22871
in the unincorporated area of the township pursuant to section	22872
504.02 of the Revised Code for at least three years after that	22873
date.	22874

(D) If a limited home rule government is terminated under	22875
this section, the board of township trustees immediately shall	22876
adopt a resolution repealing all resolutions adopted pursuant to	22877
this chapter that are not authorized by any other section of the	22878
Revised Code outside this chapter, effective on the first day of	22879
January immediately following the election described in division	22880
(A) or (B) of this section. However, no resolution adopted under	22881
this division shall affect or impair the obligations of the	22882
township under any security issued or contracts entered into by	22883
the township in connection with the financing of any water supply	22884
facility or sewer improvement under sections 504.18 to 504.20 of	22885
the Revised Code or the authority of the township to collect or	22886
enforce any assessments or other revenues constituting security	22887
for or source of payments of debt service charges of those	22888
securities.	22889

(E) Upon the termination of a limited home rule government	22890
under this section, if the township had converted its board of	22891
township trustees to a five-member board before September 26,	22892
2003, the current board member who received the lowest number of	22893
votes of the current board members who were elected at the most	22894
recent election for township trustees, and the current board	22895
member who received the lowest number of votes of the current	22896
board members who were elected at the second most recent election	22897
for township trustees, shall cease to be township trustees on the	22898
date that the limited home rule government terminates. Their	22899
offices likewise shall cease to exist at that time, and the board	22900
shall continue as a three-member board as provided in section	22901
505.01 of the Revised Code.	22902

Sec. 504.12. No resolution and no section or numbered or	22903
lettered division of a section shall be revised or amended unless	22904
the new resolution contains the entire resolution, section, or	22905
division as revised or amended, and the resolution, section, or	22906
division so amended shall be repealed. This requirement does not	22907
prevent the amendment of a resolution by the addition of a new	22908
section, or division, and in this case the full text of the former	22909
resolution need not be set forth, nor does this section prevent	22910
repeals by implication. Except in the case of a codification or	22911
recodification of resolutions, a separate vote shall be taken on	22912
each resolution proposed to be amended. Resolutions that have been	22913
introduced and have received their first reading or their first	22914
and second readings, but have not been voted on for passage, may	22915
be amended or revised by a majority vote of the members of the	22916
board of township trustees, and the amended or revised resolution	22917
need not receive additional readings.	22918

The board of township trustees of a limited home rule	22919
township may revise, codify, and publish in book form the	22920
resolutions of the township in the same manner as provided in	22921
section 731.23 of the Revised Code for municipal corporations.	22922
Resolutions adopted by the board shall be published in the same	22923
manner as provided by sections 731.21, 731.22, 731.24, 731.25, and	22924
731.26 of the Revised Code for municipal corporations, except that	22925
they shall be published in ~~newspapers circulating~~a newspaper of	22926
general circulation within the township. The fiscal officer of the	22927
township shall perform the duties that the clerk of the	22928
legislative authority of a municipal corporation is required to	22929
perform under those sections.	22930

The procedures provided in this section apply only to	22931
resolutions adopted pursuant to a township's limited home rule	22932
powers as authorized by this chapter.	22933

Sec. 504.16. (A) Each township that adopts a limited home	22934
rule government shall promptly do one of the following:	22935

(1) Establish a police district pursuant to section 505.48 of	22936
the Revised Code, except that the district shall include all of	22937
the unincorporated area of the township and no other territory;	22938

(2) Establish a joint ~~township~~ police district pursuant to	22939
section ~~505.481~~505.482 of the Revised Code;	22940

(3) Contract pursuant to section 311.29, 505.43, or 505.50 of	22941
the Revised Code to obtain police protection services, including	22942
the enforcement of township resolutions adopted under this	22943
chapter, on a regular basis;	22944

(4) Designate one or more police constables under Chapter	22945
509. of the Revised Code.	22946

(B) A township that has taken an action described in division	22947
(A) of this section before adopting a limited home rule government	22948
need not take any other such action upon adopting that government.	22949

(C) The requirement that a township take one of the actions	22950
described in divisions (A)(1), (2), and (3) of this section does	22951
not prevent a township that acts under division (A)(1) or (2) of	22952
this section from contracting under division (A)(3) of this	22953
section to obtain additional police protection services on a	22954
regular basis.	22955

Sec. 504.21. (A) The board of township trustees of a	22956
township that has adopted a limited home rule government may, for	22957
the unincorporated territory in the township, adopt, amend, and	22958
rescind rules establishing technically feasible and economically	22959
reasonable standards to achieve a level of management and	22960
conservation practices that will abate wind or water erosion of	22961
the soil or abate the degradation of the waters of the state by	22962
soil sediment in conjunction with land grading, excavating,	22963
filling, or other soil disturbing activities on land used or being	22964
developed in the township for nonfarm commercial, industrial,	22965
residential, or other nonfarm purposes, and establish criteria for	22966
determination of the acceptability of those management and	22967
conservation practices. The rules shall be designed to implement	22968
the applicable areawide waste treatment management plan prepared	22969
under section 208 of the "Federal Water Pollution Control Act," 86	22970
Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement	22971
phase II of the storm water program of the national pollutant	22972
discharge elimination system established in 40 C.F.R. Part 122.	22973
The rules to implement phase II of the storm water program of the	22974
national pollutant discharge elimination system shall not be	22975
inconsistent with, more stringent than, or broader in scope than	22976
the rules or regulations adopted by the environmental protection	22977
agency under 40 C.F.R. Part 122. The rules adopted under this	22978
section shall not apply inside the limits of municipal	22979
corporations, to lands being used in a strip mine operation as	22980
defined in section 1513.01 of the Revised Code, or to land being	22981
used in a surface mine operation as defined in section 1514.01 of	22982
the Revised Code.	22983

The rules adopted under this section may require persons to	22984
file plans governing erosion control, sediment control, and water	22985
management before clearing, grading, excavating, filling, or	22986
otherwise wholly or partially disturbing one or more contiguous	22987
acres of land owned by one person or operated as one development	22988
unit for the construction of nonfarm buildings, structures,	22989
utilities, recreational areas, or other similar nonfarm uses. If	22990
the rules require plans to be filed, the rules shall do all of the	22991
following:	22992

(1) Designate the board itself, its employees, or another	22993
agency or official to review and approve or disapprove the plans;	22994

(2) Establish procedures and criteria for the review and	22995
approval or disapproval of the plans;	22996

(3) Require the designated entity to issue a permit to a	22997
person for the clearing, grading, excavating, filling, or other	22998
project for which plans are approved and to deny a permit to a	22999
person whose plans have been disapproved;	23000

(4) Establish procedures for the issuance of the permits;

23001

(5) Establish procedures under which a person may appeal the	23002
denial of a permit.	23003

Areas of less than one contiguous acre shall not be exempt	23004
from compliance with other provisions of this section or rules	23005
adopted under this section. The rules adopted under this section	23006
may impose reasonable filing fees for plan review, permit	23007
processing, and field inspections.	23008

No permit or plan shall be required for a public highway,	23009
transportation, or drainage improvement or maintenance project	23010
undertaken by a government agency or political subdivision in	23011
accordance with a statement of its standard sediment control	23012
policies that is approved by the board or the chief of the	23013
division of soil and water resources in the department of natural	23014
resources.	23015

(B) Rules or amendments may be adopted under this section	23016
only after public hearings at not fewer than two regular sessions	23017
of the board of township trustees. The board shall cause to be	23018
published, in a newspaper of general circulation in the township,	23019
notice of the public hearings, including time, date, and place,	23020
once a week for two weeks immediately preceding the hearings, or	23021
as provided in section 7.16 of the Revised Code. The proposed	23022
rules or amendments shall be made available by the board to the	23023
public at the board office or other location indicated in the	23024
notice. The rules or amendments shall take effect on the	23025
thirty-first day following the date of their adoption.	23026

(C) The board of township trustees may employ personnel to	23027
assist in the administration of this section and the rules adopted	23028
under it. The board also, if the action does not conflict with the	23029
rules, may delegate duties to review sediment control and water	23030
management plans to its employees, and may enter into agreements	23031
with one or more political subdivisions, other township officials,	23032
or other government agencies, in any combination, in order to	23033
obtain reviews and comments on plans governing erosion control,	23034
sediment control, and water management or to obtain other services	23035
for the administration of the rules adopted under this section.	23036

(D) The board of township trustees or any duly authorized	23037
representative of the board may, upon identification to the owner	23038
or person in charge, enter any land upon obtaining agreement with	23039
the owner, tenant, or manager of the land in order to determine	23040
whether there is compliance with the rules adopted under this	23041
section. If the board or its duly authorized representative is	23042
unable to obtain such an agreement, the board or representative	23043
may apply for, and a judge of the court of common pleas for the	23044
county where the land is located may issue, an appropriate	23045
inspection warrant as necessary to achieve the purposes of this	23046
section.	23047

(E)(1) If the board of township trustees or its duly	23048
authorized representative determines that a violation of the rules	23049
adopted under this section exists, the board or representative may	23050
issue an immediate stop work order if the violator failed to	23051
obtain any federal, state, or local permit necessary for sediment	23052
and erosion control, earth movement, clearing, or cut and fill	23053
activity. In addition, if the board or representative determines	23054
such a rule violation exists, regardless of whether or not the	23055
violator has obtained the proper permits, the board or	23056
representative may authorize the issuance of a notice of	23057
violation. If, after a period of not less than thirty days has	23058
elapsed following the issuance of the notice of violation, the	23059
violation continues, the board or its duly authorized	23060
representative shall issue a second notice of violation. Except as	23061
provided in division (E)(3) of this section, if, after a period of	23062
not less than fifteen days has elapsed following the issuance of	23063
the second notice of violation, the violation continues, the board	23064
or its duly authorized representative may issue a stop work order	23065
after first obtaining the written approval of the prosecuting	23066
attorney of the county in which the township is located if, in the	23067
opinion of the prosecuting attorney, the violation is egregious.	23068

Once a stop work order is issued, the board or its duly	23069
authorized representative shall request, in writing, the	23070
prosecuting attorney to seek an injunction or other appropriate	23071
relief in the court of common pleas to abate excessive erosion or	23072
sedimentation and secure compliance with the rules adopted under	23073
this section. If the prosecuting attorney seeks an injunction or	23074
other appropriate relief, then, in granting relief, the court of	23075
common pleas may order the construction of sediment control	23076
improvements or implementation of other control measures and may	23077
assess a civil fine of not less than one hundred or more than five	23078
hundred dollars. Each day of violation of a rule or stop work	23079
order issued under this section shall be considered a separate	23080
violation subject to a civil fine.	23081

(2) The person to whom a stop work order is issued under this	23082
section may appeal the order to the court of common pleas of the	23083
county in which it was issued, seeking any equitable or other	23084
appropriate relief from that order.	23085

(3) No stop work order shall be issued under this section	23086
against any public highway, transportation, or drainage	23087
improvement or maintenance project undertaken by a government	23088
agency or political subdivision in accordance with a statement of	23089
its standard sediment control policies that is approved by the	23090
board or the chief of the division of soil and water resources in	23091
the department of natural resources.	23092

(F) No person shall violate any rule adopted or order issued	23093
under this section. Notwithstanding division (E) of this section,	23094
if the board of township trustees determines that a violation of	23095
any rule adopted or administrative order issued under this section	23096
exists, the board may request, in writing, the prosecuting	23097
attorney of the county in which the township is located, to seek	23098
an injunction or other appropriate relief in the court of common	23099
pleas to abate excessive erosion or sedimentation and secure	23100
compliance with the rules or order. In granting relief, the court	23101
of common pleas may order the construction of sediment control	23102
improvements or implementation of other control measures and may	23103
assess a civil fine of not less than one hundred or more than five	23104
hundred dollars. Each day of violation of a rule adopted or	23105
administrative order issued under this section shall be considered	23106
a separate violation subject to a civil fine.	23107

Sec. 505.101. The board of township trustees of any township	23108
may, by resolution, enter into a contract, without advertising or	23109
bidding, for the purchase or sale of materials, equipment, or	23110
supplies from or to any department, agency, or political	23111
subdivision of the state, for the purchase of services with a soil	23112
and water conservation district established under Chapter 1515. of	23113
the Revised Code, or for the purchase of supplies, services,	23114
materials, and equipment with a regional planning commission	23115
pursuant to division (D) of section 713.23 of the Revised Code, or	23116
for the purchase of services from an educational service center	23117
under section 3313.846 of the Revised Code. The resolution shall:	23118

(A) Set forth the maximum amount to be paid as the purchase	23119
price for the materials, equipment, supplies, or services;	23120

(B) Describe the type of materials, equipment, supplies, or	23121
services that are to be purchased;	23122

(C) Appropriate sufficient funds to pay the purchase price	23123
for the materials, equipment, supplies, or services, except that	23124
no such appropriation is necessary if funds have been previously	23125
appropriated for the purpose and remain unencumbered at the time	23126
the resolution is adopted.	23127

Sec. 505.105. Stolen or other property recovered by members	23128
of an organized police department of a township, a township police	23129
district, a joint ~~township~~ police district, or the office of a	23130
township constable shall be deposited and kept in a place	23131
designated by the head of the department, district, or office.	23132
Each article of property shall be entered in a book kept for that	23133
purpose, with the name of its owner, if ascertained, the person	23134
from whom it was taken, the place where it was found with general	23135
circumstances, the date of its receipt, and the name of the	23136
officer receiving it.	23137

An inventory of all money or other property shall be given to	23138
the party from whom it was taken, and, if it is not claimed by	23139
some person within thirty days after arrest and seizure, it shall	23140
be delivered to the person from whom it was taken, and to no other	23141
person, either attorney, agent, factor, or clerk, except by	23142
special order of the head of the department, district, or office.	23143

Sec. 505.106. No officer, or other member of an organized	23144
police department of a township, a township police district, a	23145
joint ~~township~~ police district, or the office of a township	23146
constable shall neglect or refuse to deposit property taken or	23147
found by the officer or other member in possession of a person	23148
arrested. Any conviction for a violation of this section shall	23149
vacate the office of the person so convicted.	23150

Sec. 505.107. If, within thirty days, the money or property	23151
recovered under section 505.105 of the Revised Code is claimed by	23152
any other person, it shall be retained by its custodian until	23153
after the discharge or conviction of the person from whom it was	23154
taken and as long as it is required as evidence in any case in	23155
court. If that claimant establishes to the satisfaction of the	23156
court that the claimant is the rightful owner, the money or	23157
property shall be restored to the claimant; otherwise, it shall be	23158
returned to the accused person, personally, and not to any	23159
attorney, agent, factor, or clerk of the accused person, except	23160
upon special order of the head of the organized police department	23161
of the township, township police district, joint ~~township~~ police	23162
district, or office of a township constable, as the case may be,	23163
after all liens and claims in favor of the township have first	23164
been discharged and satisfied.	23165

Sec. 505.108. Except as otherwise provided in this section	23166
and unless the property involved is required to be disposed of	23167
pursuant to another section of the Revised Code, property that is	23168
unclaimed for ninety days or more shall be sold by the chief of	23169
police or other head of the organized police department of the	23170
township, township police district, joint ~~township~~ police	23171
district, or office of a township constable at public auction,	23172
after notice of the sale has been provided by publication once a	23173
week for three successive weeks in a newspaper of general	23174
circulation, or as provided in section 7.16 of the Revised Code,	23175
in the county, or counties, if appropriate, in the case of a joint	23176
~~township~~ police district. The proceeds of the sale shall be paid	23177
to the fiscal officer of the township and credited to the township	23178
general fund, except that, in the case of a joint ~~township~~ police	23179
district, the proceeds of a sale shall be paid to the ~~fiscal~~	23180
~~officer~~treasurer of the ~~most populous participating township~~	23181
joint police district board and credited to the appropriate	23182
~~township general~~ fund ~~or funds~~ according to agreement of the	23183
participating townships and municipal corporations.	23184

If authorized to do so by a resolution adopted by the board	23185
of township trustees or, in the case of a joint ~~township~~ police	23186
district, ~~each participating~~the joint police district board of	23187
~~township trustees~~, and if the property involved is not required to	23188
be disposed of pursuant to another section of the Revised Code,	23189
the head of the department, district, or office may contribute	23190
property that is unclaimed for ninety days or more to one or more	23191
public agencies, to one or more nonprofit organizations no part of	23192
the net income of which inures to the benefit of any private	23193
shareholder or individual and no substantial part of the	23194
activities of which consists of carrying on propaganda or	23195
otherwise attempting to influence legislation, or to one or more	23196
organizations satisfying section 501(c)(3) or (c)(19) of the	23197
Internal Revenue Code of 1986.	23198

Sec. 505.109. Upon the sale of any unclaimed property as	23199
provided in section 505.108 of the Revised Code, if any of the	23200
unclaimed property was ordered removed to a place of storage or	23201
stored, or both, by or under the direction of the head of the	23202
organized police department of the township, township police	23203
district, joint ~~township~~ police district, or office of a township	23204
constable, any expenses or charges for the removal or storage, or	23205
both, and costs of sale, provided they are approved by the head of	23206
the department, district, or office, shall first be paid from the	23207
proceeds of the sale. Notice shall be given by certified mail,	23208
thirty days before the date of the sale, to the owner and	23209
mortgagee, or other lienholder, at their last known addresses.	23210

Sec. 505.17. (A) Except in a township or portion of a	23211
township that is within the limits of a municipal corporation, the	23212
board of township trustees may make regulations and orders as are	23213
necessary to control passenger car, motorcycle, and internal	23214
combustion engine noise, as permitted under section 4513.221 of	23215
the Revised Code, and all vehicle parking in the township. This	23216
authorization includes, among other powers, the power to regulate	23217
parking on established roadways proximate to buildings on private	23218
property as necessary to provide access to the property by public	23219
safety vehicles and equipment, if the property is used for	23220
commercial purposes, the public is permitted to use the parking	23221
area, and accommodation for more than ten motor vehicles is	23222
provided, and the power to authorize the issuance of orders	23223
limiting or prohibiting parking on any township street or highway	23224
during a snow emergency declared pursuant to a snow-emergency	23225
authorization adopted under this division. All such regulations	23226
and orders shall be subject to the limitations, restrictions, and	23227
exceptions in sections 4511.01 to 4511.76 and 4513.02 to 4513.37	23228
of the Revised Code.	23229

A board of township trustees may adopt a general	23230
snow-emergency authorization, which becomes effective under	23231
division (B)(1) of this section, allowing the president of the	23232
board or some other person specified in the authorization to issue	23233
an order declaring a snow emergency and limiting or prohibiting	23234
parking on any township street or highway during the snow	23235
emergency. Any such order becomes effective under division (B)(2)	23236
of this section. Each general snow-emergency authorization adopted	23237
under this division shall specify the weather conditions under	23238
which a snow emergency may be declared in that township.	23239

(B)(1) All regulations and orders, including any	23240
snow-emergency authorization established by the board under this	23241
section, except for an order declaring a snow emergency as	23242
provided in division (B)(2) of this section, shall be posted by	23243
the township fiscal officer in five conspicuous public places in	23244
the township for thirty days before becoming effective, and shall	23245
be published in a newspaper of general circulation in the township	23246
for three consecutive weeks or as provided in section 7.16 of the	23247
Revised Code. In addition to these requirements, no general	23248
snow-emergency authorization shall become effective until	23249
permanent signs giving notice that parking is limited or	23250
prohibited during a snow emergency are properly posted, in	23251
accordance with any applicable standards adopted by the department	23252
of transportation, along streets or highways specified in the	23253
authorization.	23254

(2) Pursuant to the adoption of a snow-emergency	23255
authorization under this section, an order declaring a snow	23256
emergency becomes effective two hours after the president of the	23257
board or the other person specified in the general snow-emergency	23258
authorization makes an announcement of a snow emergency to the	23259
local news media. The president or other specified person shall	23260
request the local news media to announce that a snow emergency has	23261
been declared, the time the declaration will go into effect, and	23262
whether the snow emergency will remain in effect for a specified	23263
period of time or indefinitely until canceled by a subsequent	23264
announcement to the local news media by the president or other	23265
specified person.	23266

(C) Such regulations and orders may be enforced where traffic	23267
control devices conforming to section 4511.09 of the Revised Code	23268
are prominently displayed. Parking regulations authorized by this	23269
section do not apply to any state highway unless the parking	23270
regulations are approved by the director of transportation.	23271

(D) A board of township trustees or its designated agent may	23272
order into storage any vehicle parked in violation of a township	23273
parking regulation or order, if the violation is not one that is	23274
required to be handled pursuant to Chapter 4521. of the Revised	23275
Code. The owner or any lienholder of a vehicle ordered into	23276
storage may claim the vehicle upon presentation of proof of	23277
ownership, which may be evidenced by a certificate of title to the	23278
vehicle, and payment of all expenses, charges, and fines incurred	23279
as a result of the parking violation and removal and storage of	23280
the vehicle.	23281

(E) Whoever violates any regulation or order adopted pursuant	23282
to this section is guilty of a minor misdemeanor, unless the	23283
township has enacted a regulation pursuant to division (A) of	23284
section 4521.02 of the Revised Code, that specifies that the	23285
violation shall not be considered a criminal offense and shall be	23286
handled pursuant to Chapter 4521. of the Revised Code. Fines	23287
levied and collected under this section shall be paid into the	23288
township general revenue fund.	23289

Sec. 505.172. (A) As used in this section, "law enforcement	23290
officer" means a sheriff, deputy sheriff, constable, police	23291
officer of a township or joint ~~township~~ police district, marshal,	23292
deputy marshal, or municipal police officer.	23293

(B) Except as otherwise provided in this section and section	23294
505.17 of the Revised Code, a board of township trustees may adopt	23295
regulations and orders that are necessary to control noise within	23296
the unincorporated territory of the township that is generated at	23297
any premises to which a D permit has been issued by the division	23298
of liquor control or that is generated within any areas zoned for	23299
residential use.	23300

(C) Any person who engages in any of the activities described	23301
in section 1.61 of the Revised Code is exempt from any regulation	23302
or order adopted under division (B) of this section if the noise	23303
is attributed to an activity described in section 1.61 of the	23304
Revised Code. Any person who engages in coal mining and	23305
reclamation operations, as defined in division (B) of section	23306
1513.01 of the Revised Code, or surface mining, as defined in	23307
division (A) of section 1514.01 of the Revised Code, is exempt	23308
from any regulation or order adopted under division (B) of this	23309
section if the noise is attributed to coal mining and reclamation	23310
or surface mining activities. Noise resulting from the drilling,	23311
completion, operation, maintenance, or construction of any crude	23312
oil or natural gas wells or pipelines or any appurtenances to	23313
those wells or pipelines or from the distribution, transportation,	23314
gathering, or storage of crude oil or natural gas is exempt from	23315
any regulation or order adopted under division (B) of this	23316
section.	23317

(D)(1) Except as otherwise provided in division (C) ~~or (D)(2)~~	23318
of this section, any regulation or order adopted under division	23319
(B) of this section shall apply to any business or industry in	23320
~~existence and operating on October 20, 1999, and a regulation or~~	23321
~~order so adopted shall apply to any new operation or expansion of~~	23322
~~that business or industry that results in substantially increased~~	23323
~~noise levels from those generated by that business or industry on~~	23324
~~that date.~~	23325

~~(2) Any regulation or order adopted under division (B) of~~	23326
~~this section applies~~or to any premises to which a D permit has	23327
been issued by the division of liquor control regardless of	23328
~~whether the premises was in existence and operating on October 20,~~	23329
~~1999, or whether~~when it came into existence ~~and operation after~~	23330
~~that date~~.	23331

(E) Whoever violates any regulation or order adopted under	23332
division (B) of this section is guilty of a misdemeanor of the	23333
second degree. Fines levied and collected under this section shall	23334
be paid into the township general revenue fund.	23335

(F) Any person allegedly aggrieved by another person's	23336
violation of a regulation or order adopted under division (B) of	23337
this section may seek in a civil action a declaratory judgment, an	23338
injunction, or other appropriate relief against the other person	23339
committing the act or practice that violates that regulation or	23340
order. A board of township trustees that adopts a regulation or	23341
order under division (B) of this section ~~shall~~may seek in a civil	23342
action an injunction against ~~each~~any person that commits an act	23343
or practice that violates that regulation or order. The court	23344
involved in a civil action referred to in this division may award	23345
to the prevailing party reasonable attorney's fees limited to the	23346
work reasonably performed.	23347

(G) If any law enforcement officer with jurisdiction in a	23348
township that has adopted a regulation or order under division (B)	23349
of this section has reasonable cause to believe that any premises	23350
to which a D permit has been issued by the division of liquor	23351
control has violated the regulation or order and, as a result of	23352
the violation, has caused, is causing, or is about to cause	23353
substantial and material harm, the law enforcement officer may	23354
issue an order that the premises cease and desist from the	23355
activity violating the regulation or order. The cease-and-desist	23356
order shall be served personally upon the owner, operator,	23357
manager, or other person in charge of the premises immediately	23358
after its issuance by the officer. The township thereafter may	23359
publicize or otherwise make known to all interested persons that	23360
the cease-and-desist order has been issued.	23361

The cease-and-desist order shall specify the particular	23362
conduct that is subject to the order and shall inform the person	23363
upon whom it is served that the premises will be granted a hearing	23364
in the municipal court or county court with jurisdiction over the	23365
premises regarding the operation of the order and the possible	23366
issuance of an injunction or other appropriate relief. The	23367
premises shall comply with the cease-and-desist order immediately	23368
upon receipt of the order. Upon service of the cease-and-desist	23369
order upon the owner, operator, manager, or other person in charge	23370
of the premises, the township law director or, if the township	23371
does not have a law director, the prosecuting attorney of the	23372
county in which the township is located shall file in the	23373
municipal court or county court with jurisdiction over the	23374
premises a civil action seeking to confirm the cease-and-desist	23375
order and seeking an injunction or other appropriate relief	23376
against the premises. The owner, operator, manager, or other	23377
person in charge of the premises may file a motion in that civil	23378
action for a stay of the cease-and-desist order for good cause	23379
shown, pending the court's rendering its decision in the action.	23380
The court shall set a date for a hearing, hold the hearing, and	23381
render a decision in the action not more than ten days after the	23382
date of the cease-and-desist order, or the cease-and-desist order	23383
is terminated. Division (F) of this section applies regarding an	23384
action filed as described in this division.	23385

(H) Nothing in this section authorizes a township to enforce	23386
any regulation or order adopted under division (B) of this section	23387
against a premises to which a D permit has been issued by the	23388
division of liquor control if that premises is not located in the	23389
unincorporated territory of that township.	23390

Sec. 505.24. Each township trustee is entitled to	23391
compensation as follows:	23392

(A) Except as otherwise provided in division (B) of this	23393
section, an amount for each day of service in the business of the	23394
township, to be paid from the township treasury as follows:	23395

(1) In townships having a budget of fifty thousand dollars or	23396
less, twenty dollars per day for not more than two hundred days;	23397

(2) In townships having a budget of more than fifty thousand	23398
but not more than one hundred thousand dollars, twenty-four	23399
dollars per day for not more than two hundred days;	23400

(3) In townships having a budget of more than one hundred	23401
thousand but not more than two hundred fifty thousand dollars,	23402
twenty-eight dollars and fifty cents per day for not more than two	23403
hundred days;	23404

(4) In townships having a budget of more than two hundred	23405
fifty thousand but not more than five hundred thousand dollars,	23406
thirty-three dollars per day for not more than two hundred days;	23407

(5) In townships having a budget of more than five hundred	23408
thousand but not more than seven hundred fifty thousand dollars,	23409
thirty-five dollars per day for not more than two hundred days;	23410

(6) In townships having a budget of more than seven hundred	23411
fifty thousand but not more than one million five hundred thousand	23412
dollars, forty dollars per day for not more than two hundred days;	23413

(7) In townships having a budget of more than one million	23414
five hundred thousand but not more than three million five hundred	23415
thousand dollars, forty-four dollars per day for not more than two	23416
hundred days;	23417

(8) In townships having a budget of more than three million	23418
five hundred thousand dollars but not more than six million	23419
dollars, forty-eight dollars per day for not more than two hundred	23420
days;	23421

(9) In townships having a budget of more than six million	23422
dollars, fifty-two dollars per day for not more than two hundred	23423
days.	23424

(B) Beginning in calendar year 1999, the amounts paid as	23425
specified in division (A) of this section shall be replaced by the	23426
following amounts:	23427

(1) In calendar year 1999, the amounts specified in division	23428
(A) of this section increased by three per cent;	23429

(2) In calendar year 2000, the amounts determined under	23430
division (B)(1) of this section increased by three per cent;	23431

(3) In calendar year 2001, the amounts determined under	23432
division (B)(2) of this section increased by three per cent;	23433

(4) In calendar year 2002, except in townships having a	23434
budget of more than six million dollars, the amounts determined	23435
under division (B)(3) of this section increased by three per cent;	23436
in townships having a budget of more than six million but not more	23437
than ten million dollars, seventy dollars per day for not more	23438
than two hundred days; and in townships having a budget of more	23439
than ten million dollars, ninety dollars per day for not more than	23440
two hundred days;	23441

(5) In calendar years 2003 through 2008, the amounts	23442
determined under division (B) of this section for the immediately	23443
preceding calendar year increased by the lesser of the following:	23444

(a) Three per cent;

23445

(b) The percentage increase, if any, in the consumer price	23446
index over the twelve-month period that ends on the thirtieth day	23447
of September of the immediately preceding calendar year, rounded	23448
to the nearest one-tenth of one per cent;	23449

(6) In calendar year 2009 and thereafter, the amount	23450
determined under division (B) of this section for calendar year	23451
2008.	23452

As used in division (B) of this section, "consumer price	23453
index" has the same meaning as in section 325.18 of the Revised	23454
Code.	23455

(C) Whenever members of a board of township trustees are	23456
compensated per diem and not by annual salary, the board shall	23457
establish, by resolution, a method by which each member of the	23458
board shall periodically notify the township fiscal officer of the	23459
number of days spent in the service of the township and the kinds	23460
of services rendered on those days. The per diem compensation	23461
shall be paid from the township general fund or from other	23462
township funds in such proportions as the kinds of services	23463
performed may require. The notice shall be filed with the township	23464
fiscal officer and preserved for inspection by any persons	23465
interested.	23466

By unanimous vote, a board of township trustees may adopt a	23467
method of compensation consisting of an annual salary to be paid	23468
in equal monthly payments. If the office of trustee is held by	23469
more than one person during any calendar year, each person holding	23470
the office shall receive payments for only those months, and any	23471
fractions of those months, during which the person holds the	23472
office. The amount of the annual salary approved by the board	23473
shall be no more than the maximum amount that could be received	23474
annually by a trustee if the trustee were paid on a per diem basis	23475
as specified in this division, and shall be paid from the township	23476
general fund or from other township funds in such proportions as	23477
the board may specify by resolution. Each trustee shall certify	23478
the percentage of time spent working on matters to be paid from	23479
the township general fund and from other township funds in such	23480
proportions as the kinds of services performed. A board of	23481
township trustees that has adopted a salary method of compensation	23482
may return to a method of compensation on a per diem basis as	23483
specified in this division by a majority vote. Any change in the	23484
method of compensation shall be effective on the first day of	23485
January of the year following the year during which the board has	23486
voted to change the method of compensation.	23487

Sec. 505.264. (A) As used in this section, "energy	23488
conservation measure" means an installation or modification of an	23489
installation in, or remodeling of, an existing building, to reduce	23490
energy consumption. It includes the following:	23491

(1) Insulation of the building structure and of systems	23492
within the building;	23493

(2) Storm windows and doors, multiglazed windows and doors,	23494
heat-absorbing or heat-reflective glazed and coated window and	23495
door systems, additional glazing, reductions in glass area, and	23496
other window and door system modifications that reduce energy	23497
consumption;	23498

(3) Automatic energy control systems;

23499

(4) Heating, ventilating, or air conditioning system	23500
modifications or replacements;	23501

(5) Caulking and weatherstripping;

23502

(6) Replacement or modification of lighting fixtures to	23503
increase the energy efficiency of the system without increasing	23504
the overall illumination of a facility, unless an increase in	23505
illumination is necessary to conform to the applicable state or	23506
local building code for the proposed lighting system;	23507

(7) Energy recovery systems;

23508

(8) Cogeneration systems that produce steam or forms of	23509
energy such as heat, as well as electricity, for use primarily	23510
within a building or complex of buildings;	23511

(9) Any other modification, installation, or remodeling	23512
approved by the board of township trustees as an energy	23513
conservation measure.	23514

(B) For the purpose of evaluating township buildings for	23515
energy conservation measures, a township may contract with an	23516
architect, professional engineer, energy services company,	23517
contractor, or other person experienced in the design and	23518
implementation of energy conservation measures for a report that	23519
analyzes the buildings' energy needs and presents recommendations	23520
for building installations, modifications of existing	23521
installations, or building remodeling that would significantly	23522
reduce energy consumption in the buildings owned by that township.	23523
The report shall include estimates of all costs of the	23524
installations, modifications, or remodeling, including costs of	23525
design, engineering, installation, maintenance, and repairs, and	23526
estimates of the amounts by which energy consumption could be	23527
reduced.	23528

(C) A township desiring to implement energy conservation	23529
measures may proceed under either of the following methods:	23530

(1) Using a report or any part of a report prepared under	23531
division (B) of this section, advertise for bids and comply with	23532
the bidding procedures set forth in sections 307.86 to 307.92 of	23533
the Revised Code;	23534

(2) Request proposals from at least three vendors for the	23535
implementation of energy conservation measures. Prior to sending	23536
any installer of energy conservation measures a copy of any such	23537
request, the township shall advertise its intent to request	23538
proposals for the installation of energy conservation measures in	23539
a newspaper of general circulation in the township once a week for	23540
two consecutive weeks or as provided in section 7.16 of the	23541
Revised Code. The notice shall state that the township intends to	23542
request proposals for the installation of energy conservation	23543
measures; indicate the date, which shall be at least ten days	23544
after the second publication, on which the request for proposals	23545
will be mailed to installers of energy conservation measures; and	23546
state that any installer of energy conservation measures	23547
interested in receiving the request for proposal shall submit	23548
written notice to the township not later than noon of the day on	23549
which the request for proposal will be mailed.	23550

Upon receiving the proposals, the township shall analyze them	23551
and select the proposal or proposals most likely to result in the	23552
greatest energy savings considering the cost of the project and	23553
the township's ability to pay for the improvements with current	23554
revenues or by financing the improvements. The awarding of a	23555
contract to install energy conservation measures under division	23556
(C)(2) of this section shall be conditioned upon a finding by the	23557
township that the amount of money spent on energy savings measures	23558
is not likely to exceed the amount of money the township would	23559
save in energy and operating costs over ten years or a lesser	23560
period as determined by the township or, in the case of contracts	23561
for cogeneration systems, over five years or a lesser period as	23562
determined by the township. Nothing in this section prohibits a	23563
township from rejecting all proposals or from selecting more than	23564
one proposal.	23565

(D) A board of township trustees may enter into an	23566
installment payment contract for the purchase and installation of	23567
energy conservation measures. Any provisions of those installment	23568
payment contracts that deal with interest charges and financing	23569
terms shall not be subject to the competitive bidding procedures	23570
of section 307.86 of the Revised Code. Unless otherwise approved	23571
by a resolution of the board, an installment payment contract	23572
entered into by a board of township trustees under this section	23573
shall require the board to contract in accordance with the	23574
procedures set forth in section 307.86 of the Revised Code for the	23575
installation, modification, or remodeling of energy conservation	23576
measures pursuant to this section.	23577

(E) The board may issue securities of the township specifying	23578
the terms of the purchase and securing the deferred payments,	23579
payable at the times provided and bearing interest at a rate not	23580
exceeding the rate determined as provided in section 9.95 of the	23581
Revised Code. The maximum maturity of the securities shall be as	23582
provided in division (B)(7)(g) of section 133.20 of the Revised	23583
Code. The securities may contain an option for prepayment and	23584
shall not be subject to Chapter 133. of the Revised Code. Revenues	23585
derived from local taxes or otherwise, for the purpose of	23586
conserving energy or for defraying the current operating expenses	23587
of the township, may be applied to the payment of interest and the	23588
retirement of the securities. The securities may be sold at	23589
private sale or given to the contractor under the installment	23590
payment contract authorized by division (D) of this section.	23591

(F) Debt incurred under this section shall not be included in	23592
the calculation of the net indebtedness of a township under	23593
section 133.09 of the Revised Code.	23594

Sec. 505.267. (A) As used in this section:

23595

(1) "Lease-purchase agreement" has the same meaning as a	23596
lease with an option to purchase.	23597

(2) "Public obligation" has the same meaning as in section	23598
133.01 of the Revised Code.	23599

(B) For any purpose for which a board of township trustees,	23600
~~or a board of trustees of~~ a joint ~~township~~ police district board,	23601
a township fire district, a joint fire district, or a fire and	23602
ambulance district is authorized to acquire real or personal	23603
property, that board may enter into a lease-purchase agreement in	23604
accordance with this section to acquire the property. The board's	23605
resolution authorizing the lease-purchase agreement may provide	23606
for the issuance of certificates of participation or other	23607
evidences of fractionalized interests in the lease-purchase	23608
agreement, for the purpose of financing, or refinancing or	23609
refunding, any public obligation that financed or refinanced the	23610
acquisition of the property. Sections 9.94, 133.03, and 133.30 of	23611
the Revised Code shall apply to any such fractionalized interests.	23612

The lease-purchase agreement shall provide for a series of	23613
terms in which no term extends beyond the end of the fiscal year	23614
of the township or district in which that term commences. In	23615
total, the terms provided for in the agreement shall be for not	23616
more than the useful life of the real or personal property that is	23617
the subject of the agreement. A property's useful life shall be	23618
determined either by the maximum number of installment payments	23619
permitted under the statute that authorizes the board to acquire	23620
the property or, if there is no such provision, by the maximum	23621
number of years to maturity provided for the issuance of bonds in	23622
division (B) of section 133.20 of the Revised Code for that	23623
property. If the useful life cannot be determined under either of	23624
those statutes, it shall be estimated as provided in division (C)	23625
of section 133.20 of the Revised Code.	23626

The lease-purchase agreement shall provide that, at the end	23627
of the final term in the agreement, if all obligations of the	23628
township or district have been satisfied, the title to the leased	23629
property shall vest in the township or district executing the	23630
lease-purchase agreement, if that title has not vested in the	23631
township or district before or during the lease terms; except that	23632
the lease-purchase agreement may require the township or district	23633
to pay an additional lump sum payment as a condition of obtaining	23634
that title.	23635

(C) A board of trustees that enters into a lease-purchase	23636
agreement under this section may do any of the following with the	23637
property that is the subject of the agreement:	23638

(1) If the property is personal property, assign the board's	23639
rights to that property;	23640

(2) Grant the lessor a security interest in the property;

23641

(3) If the property is real property, grant leases,	23642
easements, or licenses for underlying land or facilities under the	23643
board's control for terms not exceeding five years beyond the	23644
final term of the lease-purchase agreement.	23645

(D) The authority granted in this section is in addition to,	23646
and not in derogation of, any other financing authority provided	23647
by law.	23648

Sec. 505.28. The board of township trustees may create a	23649
waste disposal district under sections 505.27 to 505.33 of the	23650
Revised Code, by a unanimous vote of the board and give notice	23651
thereof by a publication in ~~two newspapers~~a newspaper of general	23652
circulation in the township. If, within thirty days after such	23653
publication, a protest petition is filed with the board, signed by	23654
at least fifty per cent of the electors residing in the district,	23655
the act of the board in creating such district shall be void. If a	23656
petition is filed with the board asking for the creation of such a	23657
district in the township, accompanied by a map clearly showing the	23658
boundaries of such district, and signed by at least sixty-five per	23659
cent of the electors residing therein, with addresses of such	23660
signers, the board shall, within sixty days, create such a	23661
district.	23662

Each district shall be given a name, and the entire cost of	23663
any necessary equipment and labor shall be apportioned against	23664
each district by the respective boards.	23665

Sec. 505.373. The board of township trustees may, by	23666
resolution, adopt by incorporation by reference a standard code	23667
pertaining to fire, fire hazards, and fire prevention prepared and	23668
promulgated by the state or any department, board, or other agency	23669
of the state, or any such code prepared and promulgated by a	23670
public or private organization that publishes a model or standard	23671
code.	23672

After the adoption of the code by the board, a notice clearly	23673
identifying the code, stating the purpose of the code, and stating	23674
that a complete copy of the code is on file with the township	23675
fiscal officer for inspection by the public and also on file in	23676
the law library of the county in which the township is located and	23677
that the fiscal officer has copies available for distribution to	23678
the public at cost, shall be posted by the fiscal officer in five	23679
conspicuous places in the township for thirty days before becoming	23680
effective. The notice required by this section shall also be	23681
published in a newspaper of general circulation in the township	23682
once a week for three consecutive weeks or as provided in section	23683
7.16 of the Revised Code. If the adopting township amends or	23684
deletes any provision of the code, the notice shall contain a	23685
brief summary of the deletion or amendment.	23686

If the agency that originally promulgated or published the	23687
code thereafter amends the code, any township that has adopted the	23688
code pursuant to this section may adopt the amendment or change by	23689
incorporation by reference in the same manner as provided for	23690
adoption of the original code.	23691

Sec. 505.43. In order to obtain police protection, or to	23692
obtain additional police protection, any township may enter into a	23693
contract with one or more townships, municipal corporations, park	23694
districts created pursuant to section 511.18 or 1545.01 of the	23695
Revised Code, or county sheriffs, joint police districts, or with	23696
a governmental entity of an adjoining state upon any terms that	23697
are agreed to by them, for services of police departments or use	23698
of police equipment, or the interchange of the service of police	23699
departments or use of police equipment within the several	23700
territories of the contracting subdivisions, if the contract is	23701
first authorized by respective boards of township trustees or	23702
other legislative bodies. The cost of the contract may be paid for	23703
from the township general fund or from funds received pursuant to	23704
the passage of a levy authorized pursuant to division (J) of	23705
section 5705.19 and section 5705.25 of the Revised Code.	23706

Chapter 2744. of the Revised Code, insofar as it is	23707
applicable to the operation of police departments, applies to the	23708
contracting political subdivisions and police department members	23709
when the members are rendering service outside their own	23710
subdivision pursuant to the contract.	23711

Police department members acting outside the subdivision in	23712
which they are employed may participate in any pension or	23713
indemnity fund established by their employer to the same extent as	23714
while acting within the employing subdivision, and are entitled to	23715
all the rights and benefits of Chapter 4123. of the Revised Code,	23716
to the same extent as while performing service within the	23717
subdivision.	23718

The contract may provide for a fixed annual charge to be paid	23719
at the times agreed upon and stipulated in the contract.	23720

Sec. 505.48. (A) The board of township trustees of any	23721
township may, by resolution adopted by two-thirds of the members	23722
of the board, create a township police district comprised of all	23723
or a portion of the unincorporated territory of the township as	23724
the resolution may specify. If the township police district does	23725
not include all of the unincorporated territory of the township,	23726
the resolution creating the district shall contain a complete and	23727
accurate description of the territory of the district and a	23728
separate and distinct name for the district.	23729

At any time not less than one hundred twenty days after a	23730
township police district is created and operative, the territorial	23731
limits of the district may be altered in the manner provided in	23732
division (B) of this section or, if applicable, as provided in	23733
section 505.482 of the Revised Code.	23734

(B) Except as otherwise provided in section ~~505.482~~505.481	23735
of the Revised Code, the territorial limits of a township police	23736
district may be altered by a resolution adopted by a two-thirds	23737
vote of the board of township trustees. If the township police	23738
district imposes a tax, any territory proposed for addition to the	23739
district shall become part of the district only after all of the	23740
following have occurred:	23741

(1) Adoption by two-thirds vote of the board of township	23742
trustees of a resolution approving the expansion of the	23743
territorial limits of the district;	23744

(2) Adoption by a two-thirds vote of the board of township	23745
trustees of a resolution recommending the extension of the tax to	23746
the additional territory;	23747

(3) Approval of the tax by the electors of the territory	23748
proposed for addition to the district.	23749

Each resolution of the board adopted under division (B)(2) of	23750
this section shall state the name of the township police district,	23751
a description of the territory to be added, and the rate and	23752
termination date of the tax, which shall be the rate and	23753
termination date of the tax currently in effect in the district.	23754

The board of trustees shall certify each resolution adopted	23755
under division (B)(2) of this section to the board of elections in	23756
accordance with section 5705.19 of the Revised Code. The election	23757
required under division (B)(3) of this section shall be held,	23758
canvassed, and certified in the manner provided for the submission	23759
of tax levies under section 5705.25 of the Revised Code, except	23760
that the question appearing on the ballot shall read:	23761

"Shall the territory within ..........................	23762
(description of the proposed territory to be added) be added to	23763
................ (name) township police district, and a property	23764
tax at a rate of taxation not exceeding .......... (here insert	23765
tax rate) be in effect for .......... (here insert the number of	23766
years the tax is to be in effect or "a continuing period of time,"	23767
as applicable)?"	23768

If the question is approved by at least a majority of the	23769
electors voting on it, the joinder shall be effective as of the	23770
first day of January of the year following approval, and, on that	23771
date, the township police district tax shall be extended to the	23772
taxable property within the territory that has been added.	23773

~~Sec. 505.482.~~ Sec. 505.481. (A) If a township police district does	23774
not include all the unincorporated territory of the township, the	23775
remaining unincorporated territory of the township may be added to	23776
the district by a resolution adopted by a unanimous vote of the	23777
board of township trustees to place the issue of expansion of the	23778
district on the ballot for the electors of the entire	23779
unincorporated territory of the township. The resolution shall	23780
state whether the proposed township police district initially will	23781
hire personnel as provided in section 505.49 of the Revised Code	23782
or contract for the provision of police protection services or	23783
additional police protection services as provided in section	23784
505.43 or 505.50 of the Revised Code.	23785

The ballot measure shall provide for the addition into a new	23786
district of all the unincorporated territory of the township not	23787
already included in the township police district and for the levy	23788
of any tax then imposed by the district throughout the	23789
unincorporated territory of the township. The measure shall state	23790
the rate of the tax, if any, to be imposed in the district	23791
resulting from approval of the measure, which need not be the same	23792
rate of any tax imposed by the existing district, and the last	23793
year in which the tax will be levied or that it will be levied for	23794
a continuous period of time.	23795

(B) The election on the measure shall be held, canvassed, and	23796
certified in the manner provided for the submission of tax levies	23797
under section 5705.25 of the Revised Code, except that the	23798
question appearing on the ballot shall read substantially as	23799
follows:	23800

"Shall the unincorporated territory within ............ (name	23801
of the township) not already included within the ........... (name	23802
of township police district) be added to the township police	23803
district to create the ........... (name of new township police	23804
district) township police district?"	23805

The name of the proposed township police district shall be	23806
separate and distinct from the name of the existing township	23807
police district.	23808

If a tax is imposed in the existing township police district,	23809
the question shall be modified by adding, at the end of the	23810
question, the following: ", and shall a property tax be levied in	23811
the new township police district, replacing the tax in the	23812
existing township police district, at a rate not exceeding	23813
......... mills per dollar of taxable valuation, which amounts to	23814
......... (rate expressed in dollars and cents per one thousand	23815
dollars in taxable valuation), for ....... (number of years the	23816
tax will be levied, or "a continuing period of time")."	23817

If the measure is not approved by a majority of the electors	23818
voting on it, the township police district shall continue to	23819
occupy its existing territory until altered as provided in this	23820
section or section 505.48 of the Revised Code, and any existing	23821
tax imposed under section 505.51 of the Revised Code shall remain	23822
in effect in the existing district at the existing rate and for as	23823
long as provided in the resolution under the authority of which	23824
the tax is levied.	23825

~~Sec. 505.481.~~ Sec. 505.482. (A) The boards of township trustees of	23826
any two or more contiguous townships, or the boards of township	23827
trustees of one or more contiguous townships and the legislative	23828
authorities of one or more contiguous municipal corporations,	23829
whether or not within the same county, ~~may,~~ by adoption of a joint	23830
resolution by a ~~two-thirds~~majority favorable vote of each such	23831
board and of the members of the legislative authority of each such	23832
municipal corporation, may form themselves into a joint ~~township~~	23833
police district ~~board, and such townships shall be a part of a~~	23834
~~joint township police district~~comprising all or any part of the	23835
townships or municipal corporations as are mutually agreed upon.	23836
The governing body of the joint police district shall be a joint	23837
police district board, which shall include either all of the	23838
township trustees of each township and all of the members of the	23839
legislative authority of each municipal corporation in the	23840
district, as agreed to and established in the joint resolution	23841
creating the joint police district; or an odd number of members as	23842
agreed to and established in the joint resolution, as long as the	23843
members are representatives from each board of township trustees	23844
of each township and from the legislative authority of each	23845
municipal corporation in the joint police district.	23846

~~Such~~(B) The joint ~~township~~ police district board shall	23847
organize within thirty days after the favorable vote by the last	23848
board of township trustees or the members of the legislative	23849
authority of the last municipal corporation joining itself into	23850
the joint ~~township~~ police district board. The president of the	23851
board of township trustees of the most populous participating	23852
township or the legislative authority of the most populous	23853
participating municipal corporation shall give notice of the time	23854
and place of organization to each pending member of the joint	23855
police district board ~~of township trustees of each participating~~	23856
~~township~~, as established in the joint resolution. Such notice	23857
shall be signed ~~by the president of the board of township trustees~~	23858
~~of the most populous participating township,~~ and shall be sent by	23859
certified mail to each such pending member of the board of	23860
~~township trustees of each participating township,~~ at least five	23861
days prior to the organization meeting, which meeting shall be	23862
held in one of the participating townships or municipal	23863
corporations. ~~All members of the boards of township trustees of~~	23864
~~the participating townships constitute the joint township police~~	23865
~~district board.~~ Two-thirds of ~~all~~ the ~~township trustees of the~~	23866
~~participating townships~~joint police district board members	23867
constitutes a quorum. ~~Such~~The members of the ~~boards of township~~	23868
~~trustees~~joint police district board shall, at the organization	23869
meeting ~~of the joint township police district board~~, proceed with	23870
the election of a president, a secretary, and a treasurer, and	23871
such other officers as they consider necessary and proper, and	23872
shall transact such other business as properly comes before the	23873
board.	23874

(C) In the formation of ~~such~~ a joint police district, such	23875
action may be taken by or on behalf of part of a township, by	23876
excluding that portion of the township lying within a municipal	23877
corporation. The joint ~~township~~ police district board may exercise	23878
the same powers as are granted to a board of township trustees in	23879
the operation of a township police district under sections 505.49	23880
to 505.55 of the Revised Code, including, but not limited to, the	23881
power to employ, train, and discipline personnel, to acquire	23882
equipment and buildings, to levy a tax, to issue bonds and notes,	23883
and to dissolve the district.	23884

Sec. 505.483. A township or municipal corporation, or parts	23885
thereof, may join an existing joint police district by the	23886
adoption of a resolution by the township or of an ordinance by the	23887
municipal corporation requesting participation in the district and	23888
upon approval of the existing joint police district board.	23889

Sec. 505.484. The treasurer of the joint police district	23890
board, before entering upon the duties of that office, shall	23891
execute a bond payable to the state, in the amount and with surety	23892
to be approved by the joint police district board, conditioned for	23893
the faithful performance of all the official duties required by	23894
the treasurer. The bond shall be deposited with the president of	23895
the joint police district board, and a copy thereof, certified by	23896
the president, shall be filed with the county auditor.	23897

Sec. 505.49. (A) As used in this section, "felony" has the	23898
same meaning as in section 109.511 of the Revised Code.	23899

(B)(1) The township trustees of a township police district,	23900
by a two-thirds vote of the board, or a joint police district	23901
board, by majority vote of its members, may adopt rules necessary	23902
for the operation of the township or joint police district,	23903
including a determination of the qualifications of the chief of	23904
police, patrol officers, and others to serve as members of the	23905
district police force.	23906

(2) Except as otherwise provided in division (E) of this	23907
section and subject to division (D) of this section, the township	23908
trustees of a township police district, by a two-thirds vote of	23909
the board or the joint police district board, by majority vote of	23910
its members, shall appoint a chief of police for the district,	23911
determine the number of patrol officers and other personnel	23912
required by the district, and establish salary schedules and other	23913
conditions of employment for the employees of the township or	23914
joint police district. The chief of police of the district shall	23915
serve at the pleasure of the township trustees or the joint police	23916
district board and shall appoint patrol officers and other	23917
personnel that the district may require, subject to division (D)	23918
of this section and to the rules and limits as to qualifications,	23919
salary ranges, and numbers of personnel established by the board	23920
of township trustees or the joint police district board. The	23921
township trustees may include in the township police district and	23922
under the direction and control of the chief of police any	23923
constable appointed pursuant to section 509.01 of the Revised	23924
Code, or may designate the chief of police or any patrol officer	23925
appointed by the chief of police as a constable, as provided for	23926
in section 509.01 of the Revised Code, for the township police	23927
district.	23928

(3) Except as provided in division (D) of this section, a	23929
patrol officer, other police district employee, or police	23930
constable, who has been awarded a certificate attesting to the	23931
satisfactory completion of an approved state, county, or municipal	23932
police basic training program, as required by section 109.77 of	23933
the Revised Code, may be removed or suspended only under the	23934
conditions and by the procedures in sections 505.491 to 505.495 of	23935
the Revised Code. Any other patrol officer, police district	23936
employee, or police constable shall serve at the pleasure of the	23937
township trustees or joint police district board. In case of	23938
removal or suspension of an appointee by the board of township	23939
trustees of a township police district or the joint police	23940
district board, that appointee may appeal the decision of ~~the~~	23941
either board to the court of common pleas of the county in which	23942
the district is situated to determine the sufficiency of the cause	23943
of removal or suspension. The appointee shall take the appeal	23944
within ten days of written notice to the appointee of the decision	23945
of the board.	23946

(C)(1) Division (B) of this section does not apply to a	23947
township that has a population of ten thousand or more persons	23948
residing within the township and outside of any municipal	23949
corporation, that has its own police department employing ten or	23950
more full-time paid employees, and that has a civil service	23951
commission established under division (B) of section 124.40 of the	23952
Revised Code. The township shall comply with the procedures for	23953
the employment, promotion, and discharge of police personnel	23954
provided by Chapter 124. of the Revised Code, except as otherwise	23955
provided in divisions (C)(2) and (3) of this section.	23956

(2) The board of township trustees of the township may	23957
appoint the chief of police, and a person so appointed shall be in	23958
the unclassified service under section 124.11 of the Revised Code	23959
and shall serve at the pleasure of the board. A person appointed	23960
chief of police under these conditions who is removed by the board	23961
or who resigns from the position shall be entitled to return to	23962
the classified service in the township police department, in the	23963
position that person held previous to the person's appointment as	23964
chief of police.	23965

(3) The appointing authority of an urban township, as defined	23966
in section 504.01 of the Revised Code, may appoint to a vacant	23967
position any one of the three highest scorers on the eligible list	23968
for a promotional examination.	23969

(4) The board of township trustees of a township described in	23970
this division shall determine the number of personnel required and	23971
establish salary schedules and conditions of employment not in	23972
conflict with Chapter 124. of the Revised Code.	23973

(5) Persons employed as police personnel in a township	23974
described in this division on the date a civil service commission	23975
is appointed pursuant to division (B) of section 124.40 of the	23976
Revised Code, without being required to pass a competitive	23977
examination or a police training program, shall retain their	23978
employment and any rank previously granted them by action of the	23979
township trustees or otherwise, but those persons are eligible for	23980
promotion only by compliance with Chapter 124. of the Revised	23981
Code.	23982

(6) This division does not apply to constables appointed	23983
pursuant to section 509.01 of the Revised Code. This division is	23984
subject to division (D) of this section.	23985

(D)(1) The board of township trustees or a joint police	23986
district board shall not appoint or employ a person as a chief of	23987
police, and the chief of police shall not appoint or employ a	23988
person as a patrol officer or other peace officer of a township	23989
police district ~~or a~~, township police department, or joint police	23990
district on a permanent basis, on a temporary basis, for a	23991
probationary term, or on other than a permanent basis if the	23992
person previously has been convicted of or has pleaded guilty to a	23993
felony.	23994

(2)(a) The board of township trustees or joint police	23995
district board shall terminate the appointment or employment of a	23996
chief of police, patrol officer, or other peace officer of a	23997
township police district or, township police department, or joint	23998
police district who does either of the following:	23999

(i) Pleads guilty to a felony;

24000

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	24001
plea agreement as provided in division (D) of section 2929.43 of	24002
the Revised Code in which the chief of police, patrol officer, or	24003
other peace officer of a township police district or, township	24004
police department, or joint police district agrees to surrender	24005
the certificate awarded to that chief of police, patrol officer,	24006
or other peace officer under section 109.77 of the Revised Code.	24007

(b) The board shall suspend the appointment or employment of	24008
a chief of police, patrol officer, or other peace officer of a	24009
township police district or, township police department, or joint	24010
police district who is convicted, after trial, of a felony. If ~~the~~	24011
such chief of police, patrol officer, or other peace officer ~~of a~~	24012
~~township police district or township police department~~ files an	24013
appeal from that conviction and the conviction is upheld by the	24014
highest court to which the appeal is taken, or, if no timely	24015
appeal is filed, the board shall terminate the appointment or	24016
employment of that chief of police, patrol officer, or other peace	24017
officer. If the chief of police, patrol officer, or other peace	24018
officer of a township police district or, township police	24019
department, or joint police district files an appeal that results	24020
in that chief of police's, patrol officer's, or other peace	24021
officer's acquittal of the felony or conviction of a misdemeanor,	24022
or in the dismissal of the felony charge against the chief of	24023
police, patrol officer, or other peace officer, the board shall	24024
reinstate that chief of police, patrol officer, or other peace	24025
officer. A chief of police, patrol officer, or other peace officer	24026
~~of a township police district or township police department~~ who is	24027
reinstated under division (D)(2)(b) of this section shall not	24028
receive any back pay unless the conviction of that chief of	24029
police, patrol officer, or other peace officer of the felony was	24030
reversed on appeal, or the felony charge was dismissed, because	24031
the court found insufficient evidence to convict the chief of	24032
police, patrol officer, or other peace officer of the felony.	24033

(3) Division (D) of this section does not apply regarding an	24034
offense that was committed prior to January 1, 1997.	24035

(4) The suspension or termination of the appointment or	24036
employment of a chief of police, patrol officer, or other peace	24037
officer under division (D)(2) of this section shall be in	24038
accordance with Chapter 119. of the Revised Code.	24039

(E) The board of township trustees or the joint police	24040
district board may enter into a contract under section 505.43 or	24041
505.50 of the Revised Code to obtain all police protection for the	24042
township police district or joint police district from one or more	24043
municipal corporations, county sheriffs, or other townships. If	24044
the board enters into such a contract, subject to division (D) of	24045
this section, it may, but is not required to, appoint a police	24046
chief for the district.	24047

(F) The members of the police force of a township police	24048
district of a township, or of a joint police district board	24049
comprised of a township, that adopts the limited self-government	24050
form of township government shall serve as peace officers for the	24051
township territory included in the district.	24052

(G) A chief of police or patrol officer of a township police	24053
district, ~~or of a~~ township police department, or joint police	24054
district may participate, as the director of an organized crime	24055
task force established under section 177.02 of the Revised Code or	24056
as a member of the investigatory staff of that task force, in an	24057
investigation of organized criminal activity in any county or	24058
counties in this state under sections 177.01 to 177.03 of the	24059
Revised Code.	24060

Sec. 505.491. Except as provided in division (D) of section	24061
505.49 or in division (C) of section 509.01 of the Revised Code	24062
for a board of township trustees, and except as provided in	24063
division (D) of section 505.49 of the Revised Code for a joint	24064
police district board, if the board ~~of trustees of a township~~ has	24065
reason to believe that a chief of police, patrol officer, or other	24066
township or joint police district employee appointed under	24067
division (B) of section 505.49 of the Revised Code or a police	24068
constable appointed under division (B) of section 509.01 of the	24069
Revised Code has been guilty, in the performance of the official	24070
duty of that chief of police, patrol officer, other township or	24071
joint police district employee, or police constable, of bribery,	24072
misfeasance, malfeasance, nonfeasance, misconduct in office,	24073
neglect of duty, gross immorality, habitual drunkenness,	24074
incompetence, or failure to obey orders given that person by the	24075
proper authority, the board immediately shall file written charges	24076
against that person~~, setting~~. The written charges shall set forth	24077
in detail a statement of the alleged guilt and, at the same time,	24078
or as soon thereafter as possible, serve a true copy of those	24079
charges upon the person against whom they are made. The service	24080
may be made on the person or by leaving a copy of the charges at	24081
the office or residence of that person. Return of the service	24082
shall be made to the board in the same manner that is provided for	24083
the return of the service of summons in a civil action.	24084

Sec. 505.492. Charges filed by the board of township	24085
trustees or joint police district board under section 505.491 of	24086
the Revised Code shall be heard at the next regular meeting	24087
thereof, unless the board extends the time for the hearing, which	24088
shall be done only on the application of the accused. The accused	24089
may appear in person and by counsel, examine all witnesses, and	24090
answer all charges against ~~him~~the accused.	24091

Sec. 505.493. Pending any proceedings under sections 505.491	24092
and 505.492 of the Revised Code, an accused person may be	24093
suspended by the board of township trustees or joint police	24094
district board, but such suspension shall be for a period not	24095
longer than fifteen days, unless the hearing of such charges is	24096
extended upon the application of the accused, in which event the	24097
suspension shall not exceed thirty days.	24098

Sec. 505.494. For the purpose of investigating charges filed	24099
pursuant to section 505.491 of the Revised Code, the board of	24100
township trustees or joint police district board may issue	24101
subpoenas or compulsory process to compel the attendance of	24102
persons and the production of books and papers before it and	24103
provide by resolution for exercising and enforcing this section.	24104

Sec. 505.495. In all cases in which the attendance of	24105
witnesses may be compelled for an investigation, under section	24106
505.494 of the Revised Code, any member of the board of township	24107
trustees or of the joint police district board may administer the	24108
requisite oaths. The board has the same power to compel the giving	24109
of testimony by attending witnesses as is conferred upon courts.	24110
In all such cases, witnesses shall be entitled to the same	24111
privileges and immunities as are allowed witnesses in civil cases.	24112
Witnesses shall be paid the fees and mileage provided for under	24113
section 1901.26 of the Revised Code, and the costs of all such	24114
proceedings shall be payable from the general fund of the township	24115
or joint police district.	24116

Sec. 505.50. The board of township trustees of a township or	24117
of a township police district, or a joint police district board,	24118
may purchase, lease, lease with an option to purchase, or	24119
otherwise acquire any police apparatus, equipment, including a	24120
public communications system, or materials that the township or,	24121
township police district, or joint police district requires and	24122
may build, purchase, lease, or lease with an option to purchase	24123
any building or buildings and site of the building or buildings	24124
that are necessary for the police operations of the township or	24125
either district.	24126

The boards of trustees of any two or more contiguous	24127
townships, ~~may~~or the boards of township trustees of one or more	24128
contiguous townships and the legislative authorities of one or	24129
more contiguous municipal corporations, by joint agreement, may	24130
unite in the joint purchase, lease, lease with an option to	24131
purchase, maintenance, use, and operation of police equipment for	24132
any other police purpose designated in sections 505.48 to 505.55	24133
of the Revised Code, and to prorate the expense of that joint	24134
action on terms mutually agreed upon by the trustees in each	24135
affected township and the legislative authorities of each affected	24136
municipal corporation.	24137

The board of trustees of a township or of a township police	24138
district, or a joint police district board, may enter into a	24139
contract with one or more townships, a municipal corporation, a	24140
park district created pursuant to section 511.18 or 1545.01 of the	24141
Revised Code, or the county sheriff upon any terms that are	24142
mutually agreed upon for the provision of police protection	24143
services or additional police protection services either on a	24144
regular basis or for additional protection in times of emergency.	24145
The contract shall be agreed to in each instance by the respective	24146
board or boards of township trustees, the board of county	24147
commissioners, the board of park commissioners, the joint police	24148
district board, or the legislative authority of the municipal	24149
corporation involved. The contract may provide for a fixed annual	24150
charge to be paid at the time agreed upon in the contract.	24151

Chapter 2744. of the Revised Code, insofar as it is	24152
applicable to the operation of police departments, applies to the	24153
contracting political subdivisions and police department members	24154
when the members are serving outside their own political	24155
subdivision pursuant to such a contract. Police department members	24156
acting outside the political subdivision in which they are	24157
employed may participate in any pension or indemnity fund	24158
established by their employer and are entitled to all the rights	24159
and benefits of Chapter 4123. of the Revised Code, to the same	24160
extent as while performing services within the political	24161
subdivision.	24162

Sec. 505.51. ~~The~~(A) In the case of a township police	24163
district, the board of trustees of athe township police district	24164
may levy a tax upon all of the taxable property in the township	24165
police district pursuant to sections 5705.19 and 5705.25 of the	24166
Revised Code to defray all or a portion of expenses of the	24167
township police district in providing police protection.	24168

(B) In the case of a joint police district, the joint police	24169
district board may levy a tax upon all of the taxable property in	24170
the joint police district pursuant to sections 5705.19 and 5705.25	24171
of the Revised Code to defray all or a portion of expenses of the	24172
joint police district in providing police protection.	24173

Sec. 505.511. (A) A board of township trustees that operates	24174
a township police department or, the board of township trustees of	24175
a township police district, or a joint police district board may,	24176
after police constables, the township police, a law enforcement	24177
agency with which the township contracts for police services, the	24178
joint police district police, and the county sheriff or the	24179
sheriff's deputy have answered a combined total of three false	24180
alarms from the same commercial or residential security alarm	24181
system within the township in the same calendar year, cause the	24182
township fiscal officer to mail the manager of the commercial	24183
establishment or the occupant, lessee, agent, or tenant of the	24184
residence a bill for each subsequent false alarm from the same	24185
alarm system during that year, to defray the costs incurred. The	24186
bill's amount shall be as follows:	24187

(1) For the fourth false alarm of that year ..... $50.00;

24188

(2) For the fifth false alarm of that year ..... $100.00;

24189

(3) For all false alarms in that year occurring after the	24190
fifth false alarm ..... $150.00.	24191

If payment of the bill is not received within thirty days,	24192
the township fiscal officer or joint police district treasurer	24193
shall send a notice by certified mail to the manager and to the	24194
owner, if different, of the real estate of which the commercial	24195
establishment is a part, or to the occupant, lessee, agent, or	24196
tenant and to the owner, if different, of the real estate of which	24197
the residence is a part, indicating that failure to pay the bill	24198
within thirty days, or to show just cause why the bill should not	24199
be paid, will result in the assessment of a lien upon the real	24200
estate in the amount of the bill. If payment is not received	24201
within those thirty days or if just cause is not shown, the amount	24202
of the bill shall be entered upon the tax duplicate, shall be a	24203
lien upon the real estate from the date of the entry, and shall be	24204
collected as other taxes and returned to the township treasury to	24205
be earmarked for use for police services.	24206

The board of township trustees shall not cause the township	24207
fiscal officer, or the joint police district board shall not cause	24208
the joint police district treasurer, to send a bill pursuant to	24209
this division if a bill has already been sent pursuant to division	24210
(B) of this section for the same false alarm.	24211

(B) The county sheriff may, after the county sheriff or the	24212
sheriff's deputy, police constables, the township police, the	24213
joint police district police, and a law enforcement agency with	24214
which the township contracts for police services have answered a	24215
combined total of three false alarms from the same commercial or	24216
residential security alarm system within the unincorporated area	24217
of the county in the same calendar year, mail the manager of the	24218
commercial establishment or the occupant, lessee, agent, or tenant	24219
of the residence a bill for each subsequent false alarm from the	24220
same alarm system during that year, to defray the costs incurred.	24221
The bill's amount shall be as follows:	24222

(1) For the fourth false alarm of that year ..... $50.00;

24223

(2) For the fifth false alarm of that year ..... $100.00;

24224

(3) For all false alarms in that year occurring after the	24225
fifth false alarm ..... $150.00.	24226

If payment of the bill is not received within thirty days,	24227
the sheriff shall send a notice by certified mail to the manager	24228
and to the owner, if different, of the real estate of which the	24229
commercial establishment is a part, or to the occupant, lessee,	24230
agent, or tenant and to the owner, if different, of the real	24231
estate of which the residence is a part, indicating that failure	24232
to pay the bill within thirty days, or to show just cause why the	24233
bill should not be paid, will result in the assessment of a lien	24234
upon the real estate in the amount of the bill. If payment is not	24235
received within those thirty days or if just cause is not shown,	24236
the amount of the bill shall be entered upon the tax duplicate,	24237
shall be a lien upon the real estate from the date of the entry,	24238
and shall be collected as other taxes and returned to the county	24239
treasury.	24240

The sheriff shall not send a bill pursuant to this division	24241
if a bill has already been sent pursuant to division (A) of this	24242
section for the same false alarm.	24243

(C) As used in this section, "commercial establishment" has	24244
the same meaning as in section 505.391 of the Revised Code.	24245

Sec. 505.52. The board of trustees of a township police	24246
district or a joint police district board may issue bonds for the	24247
purpose of buying police equipment in the manner provided for in	24248
section 133.18 and pursuant to Chapter 133. of the Revised Code.	24249
The proceeds of the bonds issued under this section, other than	24250
any premium and accrued interest which is credited to the sinking	24251
fund, shall be placed in the township treasury or joint police	24252
district board treasury to the credit of a fund to be known as the	24253
"police equipment fund." Money from the police equipment fund	24254
shall be paid out only upon order of the township board of	24255
trustees of the township police district or of the joint police	24256
district board.	24257

Sec. 505.53. The board of trustees of a township police	24258
district or a joint police district board may issue notes for a	24259
period not to exceed three years for the purpose of buying police	24260
equipment or a building or site to house police equipment.	24261
One-third of the purchase price of the equipment, building, or	24262
site shall be paid at the time of purchase, and the remainder of	24263
the purchase price shall be covered by notes maturing in two and	24264
three years respectively. Notes may bear interest not to exceed	24265
the rate determined as provided in section 9.95 of the Revised	24266
Code, and shall not be subject to Chapter 133. of the Revised	24267
Code. Such notes shall be offered for sale on the open market or	24268
given to a vendor if no sale is made.	24269

Sec. 505.54. The board of trustees of the township or the	24270
joint police district board may, upon nomination by the chief of	24271
police, send one or more of the officers, ~~patrolmen~~patrol	24272
officers, or other employees of the township police district or	24273
the joint police district to a school of instruction designed to	24274
provide additional training or skills related to the employees	24275
work assignment in the district. The trustees may make advance	24276
tuition payments for any employee so nominated and may defray all	24277
or a portion of the employee's expenses while receiving this	24278
instruction.	24279

Sec. 505.541. (A) The board of township trustees or a joint	24280
police district board, respectively, may establish, by resolution,	24281
a parking enforcement unit within a township police district or	24282
within a joint police district, and provide for the regulation of	24283
parking enforcement officers. The chief of police of the district	24284
shall be the executive head of the parking enforcement unit, shall	24285
make all appointments and removals of parking enforcement	24286
officers, subject to any general rules prescribed by the board of	24287
township trustees by resolution or joint police district board, as	24288
appropriate, and shall prescribe rules for the organization,	24289
training, administration, control, and conduct of the parking	24290
enforcement unit. The chief of police may appoint parking	24291
enforcement officers who agree to serve for nominal compensation,	24292
and persons with physical disabilities may receive appointments as	24293
parking enforcement officers.	24294

(B) The authority of the parking enforcement officers shall	24295
be limited to the enforcement of section 4511.69 of the Revised	24296
Code and any other parking laws specified in the resolution	24297
creating the parking enforcement unit. Parking enforcement	24298
officers shall have no other powers.	24299

(C) The training the parking enforcement officers shall	24300
receive shall include instruction in general administrative rules	24301
and procedures governing the parking enforcement unit, the role of	24302
the judicial system as it relates to parking regulation and	24303
enforcement, proper techniques and methods relating to the	24304
enforcement of parking laws, human interaction skills, and first	24305
aid.	24306

Sec. 505.55. In the event that need for a township police	24307
district ceases to exist, the township trustees by a two-thirds	24308
vote of the board shall adopt a resolution specifying the date	24309
that the township police district shall cease to exist and provide	24310
for the disposal of all property belonging to the district by	24311
public sale. Such sale must be by public auction and upon notice	24312
thereof being published once a week for three weeks in a newspaper	24313
~~published, or~~ of general circulation in such township~~, the~~or as	24314
provided in section 7.16 of the Revised Code. The last of such	24315
publications toshall be made at least five days before the date	24316
of the sale. Any moneys remaining after the dissolution of the	24317
district or received from the public sale of property shall be	24318
paid into the treasury of the township and may be expended for any	24319
public purpose when duly authorized by the township board of	24320
trustees.	24321

Sec. 505.551. (A) Any township or municipal corporation may	24322
withdraw from a joint police district created under section	24323
505.482 of the Revised Code by adopting a resolution or an	24324
ordinance, respectively, ordering withdrawal. On or after the	24325
first day of January of the year following the adoption of the	24326
resolution or ordinance of withdrawal, the township or municipal	24327
corporation withdrawing ceases to be a part of the district, and	24328
the power of the district to levy a tax upon the taxable property	24329
in the withdrawing township or municipal corporation terminates,	24330
except that the district shall continue to levy and collect taxes	24331
for the payment of indebtedness within the territory of the	24332
district as it was comprised at the time the indebtedness was	24333
incurred.	24334

(B) Upon the withdrawal of any township or municipal	24335
corporation from a joint police district, the county auditor shall	24336
ascertain, apportion, and order a division of the funds on hand	24337
and moneys and taxes in the process of collection, except for	24338
taxes levied for the payment of indebtedness, credits, and real	24339
and personal property, either in money or in kind, on the basis of	24340
the valuation of the respective tax duplicates of the withdrawing	24341
township or municipal corporation and the remaining territory of	24342
the joint police district.	24343

(C) When the number of townships or municipal corporations	24344
comprising a joint police district is reduced to one, the joint	24345
police district ceases to exist by operation of law, and the	24346
funds, credits, and property remaining after apportionments to	24347
withdrawing townships or municipal corporations shall be assumed	24348
by the one remaining township or municipal corporation. When a	24349
joint police district ceases to exist and an indebtedness remains	24350
unpaid, the board of county commissioners shall continue to levy	24351
and collect taxes for the payment of that indebtedness within the	24352
territory of the joint police district as it was comprised at the	24353
time the indebtedness was incurred.	24354

Sec. 505.60. The following applies until the department of	24355
administrative services implements for townships the health care	24356
plans under section 9.901 of the Revised Code. If those plans do	24357
not include or address any benefits listed in division (A) of this	24358
section, the following provisions continue in effect for those	24359
benefits.	24360

(A) As provided in this section and section 505.601 of the	24361
Revised Code, the board of township trustees of any township may	24362
procure and pay all or any part of the cost of insurance policies	24363
that may provide benefits for hospitalization, surgical care,	24364
major medical care, disability, dental care, eye care, medical	24365
care, hearing aids, prescription drugs, or sickness and accident	24366
insurance, or a combination of any of the foregoing types of	24367
insurance for township officers and employees. The board of	24368
township trustees of any township may negotiate and contract for	24369
the purchase of a policy of long-term care insurance for township	24370
officers and employees pursuant to section 124.841 of the Revised	24371
Code.	24372

If the board procures any insurance policies under this	24373
section, the board shall provide uniform coverage under these	24374
policies for township officers and full-time township employees	24375
and their immediate dependents, and may provide coverage under	24376
these policies for part-time township employees and their	24377
immediate dependents, from the funds or budgets from which the	24378
officers or employees are compensated for services, such policies	24379
to be issued by an insurance company duly authorized to do	24380
business in this state.	24381

(B) The board may also provide coverage for any or all of the	24382
benefits described in division (A) of this section by entering	24383
into a contract for group health care services with health	24384
insuring corporations holding certificates of authority under	24385
Chapter 1751. of the Revised Code for township officers and	24386
employees and their immediate dependents. If the board so	24387
contracts, it shall provide uniform coverage under any such	24388
contracts for township officers and full-time township employees	24389
and their immediate dependents, from the funds or budgets from	24390
which the officers or employees are compensated for services, and	24391
may provide coverage under such contracts for part-time township	24392
employees and their immediate dependents, from the funds or	24393
budgets from which the officers or employees are compensated for	24394
services, provided that each officer and employee so covered is	24395
permitted to:	24396

(1) Choose between a plan offered by an insurance company and	24397
a plan offered by a health insuring corporation, and provided	24398
further that the officer or employee pays any amount by which the	24399
cost of the plan chosen exceeds the cost of the plan offered by	24400
the board under this section;	24401

(2) Change the choice made under this division at a time each	24402
year as determined in advance by the board.	24403

An addition of a class or change of definition of coverage to	24404
the plan offered under this division by the board may be made at	24405
any time that it is determined by the board to be in the best	24406
interest of the township. If the total cost to the township of the	24407
revised plan for any trustee's coverage does not exceed that cost	24408
under the plan in effect during the prior policy year, the	24409
revision of the plan does not cause an increase in that trustee's	24410
compensation.	24411

(C) Any township officer or employee may refuse to accept any	24412
coverage authorized by this section without affecting the	24413
availability of such coverage to other township officers and	24414
employees.	24415

(D) If any township officer or employee is denied coverage	24416
under a health care plan procured under this section or if any	24417
township officer or employee elects not to participate in the	24418
township's health care plan, the township may reimburse the	24419
officer or employee for each out-of-pocket premium attributable to	24420
the coverage provided for the officer or employee for insurance	24421
benefits described in division (A) of this section that the	24422
officer or employee otherwise obtains, but not to exceed an amount	24423
equal to the average premium paid by the township for its officers	24424
and employees under any health care plan it procures under this	24425
section.	24426

(E) The board may provide the benefits authorized under this	24427
section, without competitive bidding, by contributing to a health	24428
and welfare trust fund administered through or in conjunction with	24429
a collective bargaining representative of the township employees.	24430

The board may also provide the benefits described in this	24431
section through an individual self-insurance program or a joint	24432
self-insurance program as provided in section 9.833 of the Revised	24433
Code.	24434

(F) If a board of township trustees fails to pay one or more	24435
premiums for a policy, contract, or plan of insurance or health	24436
care services authorized under this section and the failure causes	24437
a lapse, cancellation, or other termination of coverage under the	24438
policy, contract, or plan, it may reimburse a township officer or	24439
employee for, or pay on behalf of the officer or employee, any	24440
expenses incurred that would have been covered under the policy,	24441
contract, or plan.	24442

(G) As used in this section and section 505.601 of the	24443
Revised Code:	24444

(1) "Part-time township employee" means a township employee	24445
who is hired with the expectation that the employee will work not	24446
more than one thousand five hundred hours in any year.	24447

(2) "Premium" does not include any deductible or health care	24448
costs paid directly by a township officer or employee.	24449

Sec. 505.601. The following applies until the department of	24450
administrative services implements for townships the health care	24451
plans under section 9.901 of the Revised Code.	24452

If a board of township trustees does not procure an insurance	24453
policy or group health care services as provided in section 505.60	24454
of the Revised Code, the board of township trustees may reimburse	24455
any township officer or employee for each out-of-pocket premium	24456
attributable to the coverage provided for that officer or employee	24457
for insurance benefits described in division (A) of section 505.60	24458
of the Revised Code that the officer or employee otherwise	24459
obtains, if all of the following conditions are met:	24460

(A) The board of township trustees adopts a resolution that	24461
states that the township has chosen not to procure a health care	24462
plan under section 505.60 of the Revised Code and has chosen	24463
instead to reimburse its officers and employees for each	24464
out-of-pocket premium attributable to the coverage provided for	24465
them for insurance benefits described in division (A) of section	24466
505.60 of the Revised Code that they otherwise obtain.	24467

(B) That resolution provides for a uniform maximum monthly or	24468
yearly payment amount for each officer or employee to cover	24469
themselves and their immediate dependents, beyond which the	24470
township will not reimburse the officer or employee.	24471

(C) That resolution states the specific benefits listed in	24472
division (A) of section 505.60 of the Revised Code for which the	24473
township will reimburse all officers and employees of the	24474
township. The township may not reimburse officers and employees	24475
for benefits other than those listed in division (A) of section	24476
505.60 of the Revised Code.	24477

Sec. 505.603. The following applies until the department of	24478
administrative services implements for townships the health care	24479
plans under section 9.901 of the Revised Code. If those plans do	24480
not include or address any benefits incorporated in this section,	24481
the following provisions continue in effect for those benefits.	24482

In addition to or in lieu of providing benefits to township	24483
officers and employees under section 505.60, 505.601, or 505.602	24484
of the Revised Code, a board of township trustees may offer	24485
benefits to officers and employees through a cafeteria plan that	24486
meets the requirements of section 125 of the "Internal Revenue	24487
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 125, as amended, after	24488
first adopting a policy authorizing an officer or employee to	24489
receive a cash payment in lieu of a benefit otherwise offered to	24490
township officers or employees under any of those sections, but	24491
only if the cash payment does not exceed twenty-five per cent of	24492
the cost of premiums or payments that otherwise would be paid by	24493
the board for benefits for the officer or employee under an	24494
offered policy, contract, or plan. No cash payment in lieu of a	24495
benefit shall be made pursuant to this section unless the officer	24496
or employee signs a statement affirming that the officer or	24497
employee is covered under another health insurance or health care	24498
policy, contract, or plan in the case of a health benefit, or a	24499
life insurance policy in the case of a life insurance benefit, and	24500
setting forth the name of the employer, if any, that sponsors the	24501
coverage, the name of the carrier that provides the coverage, and	24502
an identifying number of the applicable policy, contract, or plan.	24503

Sec. 505.61. A board of township trustees may purchase a	24504
policy or policies of insurance to indemnify township constables	24505
appointed under Chapter 509. of the Revised Code or the chief of	24506
police, ~~patrolmen~~patrol officers, and other employees of a	24507
township police district established under sections 505.48 to	24508
505.55 of the Revised Code against liability arising from the	24509
performance of their official duties.	24510

A joint police district board may purchase a policy or	24511
policies of insurance to indemnify the chief of police, patrol	24512
officers, and other employees of a joint police district	24513
established under section 505.482 of the Revised Code against	24514
liability arising from the performance of their duties.	24515

Sec. 505.67. (A) If the board of county commissioners of the	24516
county in which a township is located has not established a motor	24517
vehicle decal registration program under section 311.31 of the	24518
Revised Code, the board of township trustees may establish, by	24519
resolution, a voluntary motor vehicle decal registration program	24520
to be controlled and conducted by the chief law enforcement	24521
officer of the township within the unincorporated areas of the	24522
township. The board may establish a fee for participation in the	24523
program in an amount sufficient to cover the cost of administering	24524
the program and the cost of the decals.	24525

(B) Any resident of the township may enroll a motor vehicle	24526
that hethe resident owns in the program by signing a consent	24527
form, displaying the decal issued under this section, and paying	24528
the prescribed fee. The motor vehicle owner shall remove the decal	24529
to withdraw from the program and also prior to the sale or	24530
transfer of ownership of the vehicle. Any law enforcement officer	24531
may conduct, at any place within this state at which the officer	24532
would be permitted to arrest the person operating the vehicle, an	24533
investigatory stop of any motor vehicle displaying a decal issued	24534
under this section when the vehicle is being driven between the	24535
hours of one a.m. and five a.m. A law enforcement officer may	24536
conduct an investigatory stop under this division regardless of	24537
whether the officer observes a violation of law involving the	24538
vehicle or whether hethe officer has probable cause to believe	24539
that any violation of law involving the vehicle has occurred.	24540

(C) The consent form required under division (B) of this	24541
section shall:	24542

(1) Describe the conditions for participation in the program,	24543
including a description of an investigatory stop and a statement	24544
that any law enforcement officer may conduct, at any place within	24545
this state at which the officer would be permitted to arrest the	24546
person operating the vehicle, an investigatory stop of the motor	24547
vehicle when it is being driven between the hours of one a.m. and	24548
five a.m.	24549

(2) Contain other information identifying the vehicle and	24550
owner as the chief law enforcement officer of the township	24551
considers necessary.	24552

(D) The state director of public safety, in accordance with	24553
Chapter 119. of the Revised Code, shall adopt rules governing the	24554
color, size, and design of decals issued under this section and	24555
the location where the decals shall be displayed on vehicles that	24556
are enrolled in the program.	24557

(E) Divisions (A) to (D) of this section do not require a law	24558
enforcement officer to conduct an investigatory stop of a vehicle	24559
displaying a decal issued under this section.	24560

(F) As used in this section:

24561

(1) "Investigatory stop" means a temporary stop of a motor	24562
vehicle and its operator and occupants for purposes of determining	24563
the identity of the person who is operating the vehicle and, if	24564
the person who is operating it is not its owner, whether any	24565
violation of law has occurred or is occurring. An "investigatory	24566
stop" is not an arrest, but, if an officer who conducts an	24567
investigatory stop determines that illegal conduct has occurred or	24568
is ~~occuring~~occurring, an "investigatory stop" may be the basis	24569
for an arrest.	24570

(2) "Law enforcement officer" means a sheriff, deputy	24571
sheriff, constable, police officer of a township or joint ~~township~~	24572
police district, marshal, deputy marshal, municipal police	24573
officer, or state highway patrol trooper.	24574

Sec. 505.73. (A) The board of township trustees may, by	24575
resolution, adopt by incorporation by reference, administer, and	24576
enforce within the unincorporated area of the township an existing	24577
structures code pertaining to the repair and continued maintenance	24578
of structures and the premises of those structures. For that	24579
purpose, the board shall adopt any model or standard code prepared	24580
and promulgated by this state, any department, board, or agency of	24581
this state, or any public or private organization that publishes a	24582
recognized model or standard code on the subject. The board shall	24583
ensure that the code adopted governs subject matter not addressed	24584
by the state residential building code and that it is fully	24585
compatible with the state residential and nonresidential building	24586
codes the board of building standards adopts pursuant to section	24587
3781.10 of the Revised Code.	24588

(B) The board shall assign the duties of administering and	24589
enforcing the existing structures code to a township officer or	24590
employee who is trained and qualified for those duties and shall	24591
establish by resolution the minimum qualifications necessary to	24592
perform those duties.	24593

(C)(1) After the board adopts an existing structures code,	24594
the township fiscal officer shall post a notice that clearly	24595
identifies the code, states the code's purpose, and states that a	24596
complete copy of the code is on file for inspection by the public	24597
with the fiscal officer and in the county law library and that the	24598
fiscal officer has copies available for distribution to the public	24599
at cost.	24600

(2) The township fiscal officer shall post the notice in five	24601
conspicuous places in the township for thirty days before the code	24602
becomes effective and shall publish the notice in a newspaper of	24603
general circulation in the township for three consecutive weeks or	24604
as provided in section 7.16 of the Revised Code. If the adopting	24605
township amends or deletes any provision of the code, the notice	24606
shall contain a brief summary of the deletion or amendment.	24607

(D) If the agency that originally promulgated or published	24608
the existing structures code amends the code, the board may adopt	24609
the amendment or change by incorporation by reference in the	24610
manner provided for the adoption of the original code.	24611

Sec. 507.09. (A) Except as otherwise provided in division	24612
(D) of this section, the township fiscal officer shall be entitled	24613
to compensation as follows:	24614

(1) In townships having a budget of fifty thousand dollars or	24615
less, three thousand five hundred dollars;	24616

(2) In townships having a budget of more than fifty thousand	24617
but not more than one hundred thousand dollars, five thousand five	24618
hundred dollars;	24619

(3) In townships having a budget of more than one hundred	24620
thousand but not more than two hundred fifty thousand dollars,	24621
seven thousand seven hundred dollars;	24622

(4) In townships having a budget of more than two hundred	24623
fifty thousand but not more than five hundred thousand dollars,	24624
nine thousand nine hundred dollars;	24625

(5) In townships having a budget of more than five hundred	24626
thousand but not more than seven hundred fifty thousand dollars,	24627
eleven thousand dollars;	24628

(6) In townships having a budget of more than seven hundred	24629
fifty thousand but not more than one million five hundred thousand	24630
dollars, thirteen thousand two hundred dollars;	24631

(7) In townships having a budget of more than one million	24632
five hundred thousand but not more than three million five hundred	24633
thousand dollars, fifteen thousand four hundred dollars;	24634

(8) In townships having a budget of more than three million	24635
five hundred thousand dollars but not more than six million	24636
dollars, sixteen thousand five hundred dollars;	24637

(9) In townships having a budget of more than six million	24638
dollars, seventeen thousand six hundred dollars.	24639

(B) Any township fiscal officer may elect to receive less	24640
than the compensation the fiscal officer is entitled to under	24641
division (A) of this section. Any township fiscal officer electing	24642
to do this shall so notify the board of township trustees in	24643
writing, and the board shall include this notice in the minutes of	24644
its next board meeting.	24645

(C) The compensation of the township fiscal officer shall be	24646
paid in equal monthly payments. If the office of township fiscal	24647
officer is held by more than one person during any calendar year,	24648
each person holding the office shall receive payments for only	24649
those months, and any fractions of those months, during which the	24650
person holds the office.	24651

A township fiscal officer may be compensated from the	24652
township general fund or from other township funds based on the	24653
proportion of time the township fiscal officer spends providing	24654
services related to each fund. A township fiscal officer must	24655
document the amount of time the township fiscal officer spends	24656
providing services related to each fund by certification	24657
specifying the percentage of time spent working on matters to be	24658
paid from the township general fund or from other township funds	24659
in such proportions as the kinds of services performed.	24660

(D) Beginning in calendar year 1999, the township fiscal	24661
officer shall be entitled to compensation as follows:	24662

(1) In calendar year 1999, the compensation specified in	24663
division (A) of this section increased by three per cent;	24664

(2) In calendar year 2000, the compensation determined under	24665
division (D)(1) of this section increased by three per cent;	24666

(3) In calendar year 2001, the compensation determined under	24667
division (D)(2) of this section increased by three per cent;	24668

(4) In calendar year 2002, except in townships having a	24669
budget of more than six million dollars, the compensation	24670
determined under division (D)(3) of this section increased by	24671
three per cent; in townships having a budget of more than six	24672
million but not more than ten million dollars, nineteen thousand	24673
eight hundred ten dollars; and in townships having a budget of	24674
more than ten million dollars, twenty thousand nine hundred	24675
dollars;	24676

(5) In calendar year 2003, the compensation determined under	24677
division (D)(4) of this section increased by three per cent or the	24678
percentage increase in the consumer price index as described in	24679
division (D)(7)(b) of this section, whichever percentage is lower;	24680

(6) In calendar year 2004, except in townships having a	24681
budget of more than six million dollars, the compensation	24682
determined under division (D)(5) of this section for the calendar	24683
year 2003 increased by three per cent or the percentage increase	24684
in the consumer price index as described in division (D)(7)(b) of	24685
this section, whichever percentage is lower; in townships having a	24686
budget of more than six million but not more than ten million	24687
dollars, twenty-two thousand eighty-seven dollars; and in	24688
townships having a budget of more than ten million dollars,	24689
twenty-five thousand five hundred fifty-three dollars;	24690

(7) In calendar years 2005 through 2008, the compensation	24691
determined under division (D) of this section for the immediately	24692
preceding calendar year increased by the lesser of the following:	24693

(a) Three per cent;

24694

(b) The percentage increase, if any, in the consumer price	24695
index over the twelve-month period that ends on the thirtieth day	24696
of September of the immediately preceding calendar year, rounded	24697
to the nearest one-tenth of one per cent;	24698

(8) In calendar year 2009 and thereafter, the amount	24699
determined under division (D) of this section for calendar year	24700
2008.	24701

As used in this division, "consumer price index" has the same	24702
meaning as in section 325.18 of the Revised Code.	24703

Sec. 509.15. The following fees and expenses shall be taxed	24704
as costs, collected from the judgment debtor, and paid to the	24705
general fund of the appropriate township or district as	24706
compensation due for services rendered by township constables or	24707
members of the police force of a township police district or joint	24708
police district:	24709

(A) Serving and making return of each of the following:

24710

(1) Order to commit to jail, order on jailer for prisoner, or	24711
order of ejectment, including copies to complete service, one	24712
dollar for each defendant named therein;	24713

(2) Search warrant or warrant of arrest, for each person	24714
named in the writ, five dollars;	24715

(3) Writ of attachment of property, except for purpose of	24716
garnishment, twenty dollars;	24717

(4) Writ of attachment for the purpose of garnishment, five	24718
dollars;	24719

(5) Writ of possession or restitution, twenty dollars;

24720

(6) Attachment for contempt, for each person named in the	24721
writ, three dollars;	24722

(7) Writ of replevin, twenty dollars;

24723

(8) Summons and writs, subpoena, venire, and notice to	24724
garnishee, including copies to complete service, three dollars for	24725
each person named therein;	24726

(9) Execution against property or person, eighty cents, and	24727
six per cent of all money thus collected;	24728

(10) Any other writ, order, or notice required by law, for	24729
each person named therein, including copies to complete service,	24730
three dollars for the first name and fifty cents for each	24731
additional name.	24732

(B) Mileage for the distance actually and necessarily	24733
traveled in serving and returning any of the preceding writs,	24734
orders, and notices, fifty cents for the first mile and for each	24735
additional mile, twenty cents;	24736

(C) For attending a criminal case during the trial or hearing	24737
and having charge of prisoners, each case, two dollars and fifty	24738
cents, but, when so acting, such constable shall not be entitled	24739
to a witness fee if called upon to testify;	24740

(D) For attending civil court during a jury trial, each case,	24741
two dollars;	24742

(E) For attending civil court during a trial without jury,	24743
each case, one dollar and fifty cents;	24744

(F) The actual amount paid solely for the transportation,	24745
meals, and lodging of prisoners, and for the moving and storage of	24746
goods and the care of animals taken on any legal process, such	24747
expense shall be specifically itemized on the back of the writs	24748
and sworn to;	24749

(G) For summoning and swearing appraisers, each case, two	24750
dollars;	24751

(H) For advertising property for sale, by posting, taken on	24752
any legal process, one dollar;	24753

(I) For taking and making return of any bond required by law,	24754
eighty cents.	24755

Notwithstanding anything to the contrary in this section, if	24756
any comparable fee or expense specified under section 311.17 of	24757
the Revised Code is increased to an amount greater than that set	24758
forth in this section, the board of township trustees, board of	24759
trustees of the township police district, or joint ~~township~~ police	24760
district board, as appropriate, may require that the amount taxed	24761
as costs under this section equal the amount specified under	24762
section 311.17 of the Revised Code.	24763

Sec. 511.01. If, in a township, a town hall is to be built,	24764
improved, enlarged, or removed at a cost greater than ~~ten~~fifty	24765
thousand dollars, the board of township trustees shall submit the	24766
question to the electors of such township and shall certify their	24767
resolution to the board of elections not later than four p.m. of	24768
the ninetieth day before the day of the election.	24769

Sec. 511.12. The board of township trustees may prepare	24770
plans and specifications and make contracts for the construction	24771
and erection of a memorial building, monument, statue, or	24772
memorial, for the purposes specified and within the amount	24773
authorized by section 511.08 of the Revised Code. If the total	24774
estimated cost of the construction and erection exceeds	24775
~~twenty-five~~fifty thousand dollars, the contract shall be let by	24776
competitive bidding. If the estimated cost is ~~twenty-five~~fifty	24777
thousand dollars or less, competitive bidding may be required at	24778
the board's discretion. In making contracts under this section,	24779
the board shall be governed as follows:	24780

(A) Contracts for construction when competitive bidding is	24781
required shall be based upon detailed plans, specifications, forms	24782
of bids, and estimates of cost, adopted by the board.	24783

(B) Contracts shall be made in writing upon concurrence of a	24784
majority of the members of the board, and shall be signed by at	24785
least two of the members and by the contractor. If competitive	24786
bidding is required, no contract shall be made or signed until an	24787
advertisement has been placed in a newspaper, published or of	24788
general circulation in the township, at least twice. The board may	24789
also cause notice to be inserted in trade papers or other	24790
publications designated by it or to be distributed by electronic	24791
means, including posting the notice on the board's internet web	24792
site. If the board posts the notice on its web site, it may	24793
eliminate the second notice otherwise required to be published in	24794
a newspaper published or of general circulation in the township,	24795
provided that the first notice published in such newspaper meets	24796
all of the following requirements:	24797

(1) It is published at least two weeks before the opening of	24798
bids.	24799

(2) It includes a statement that the notice is posted on the	24800
board's internet web site.	24801

(3) It includes the internet address of the board's internet	24802
web site.	24803

(4) It includes instructions describing how the notice may be	24804
accessed on the board's internet web site.	24805

(C) No contract shall be let by competitive bidding except to	24806
the lowest and best bidder, who shall meet the requirements of	24807
section 153.54 of the Revised Code.	24808

(D) When, in the opinion of the board, it becomes necessary	24809
in the prosecution of such work to make alterations or	24810
modifications in any contract, the alterations or modifications	24811
shall be made only by order of the board, and that order shall be	24812
of no effect until the price to be paid for the work or materials	24813
under the altered or modified contract has been agreed upon in	24814
writing and signed by the contractor and at least two members of	24815
the board.	24816

(E) No contract or alteration or modification of it shall be	24817
valid unless made in the manner provided in this section.	24818

Sec. 511.23. (A) When the vote under section 511.22 of the	24819
Revised Code is in favor of establishing one or more public parks,	24820
the board of park commissioners shall constitute a board, to be	24821
called the board of park commissioners of that township park	24822
district, and they shall be a body politic and corporate. Their	24823
office is not a township office within the meaning of section	24824
703.22 of the Revised Code but is an office of the township park	24825
district. The members of the board shall serve without	24826
compensation but shall be allowed their actual and necessary	24827
expenses incurred in the performance of their duties.	24828

(B) The board may locate, establish, improve, maintain, and	24829
operate a public park or parks in accordance with division (B) of	24830
section 511.18 of the Revised Code, with or without recreational	24831
facilities. Any township park district that contains only	24832
unincorporated territory and that operated a public park or parks	24833
outside the township immediately prior to July 18, 1990, may	24834
continue to improve, maintain, and operate these parks outside the	24835
township, but further acquisitions of land shall not affect the	24836
boundaries of the park district itself or the appointing authority	24837
for the board of park commissioners.	24838

The board may lease, accept a conveyance of, or purchase	24839
suitable lands for cash, by purchase by installment payments with	24840
or without a mortgage, by lease or lease-purchase agreements, or	24841
by lease with option to purchase, may acquire suitable lands	24842
through an exchange under section 511.241 of the Revised Code, or	24843
may appropriate suitable lands and materials for park district	24844
purposes. The board also may lease facilities from other political	24845
subdivisions or private sources. The board shall have careful	24846
surveys and plats made of the lands acquired for park district	24847
purposes and shall establish permanent monuments on the boundaries	24848
of the lands. Those plats, when executed according to sections	24849
711.01 to 711.38 of the Revised Code, shall be recorded in the	24850
office of the county recorder, and those records shall be	24851
admissible in evidence for the purpose of locating and	24852
ascertaining the true boundaries of the park or parks.	24853

(C) In furtherance of the use and enjoyment of the lands	24854
controlled by it, the board may accept donations of money or other	24855
property or act as trustees of land, money, or other property, and	24856
may use and administer the land, money, or other property as	24857
stipulated by the donor or as provided in the trust agreement.	24858

The board may receive and expend grants for park purposes	24859
from agencies and instrumentalities of the United States and this	24860
state and may enter into contracts or agreements with those	24861
agencies and instrumentalities to carry out the purposes for which	24862
the grants were furnished.	24863

(D) In exercising any powers conferred upon the board under	24864
divisions (B) and (C) of this section and for other types of	24865
assistance that the board finds necessary in carrying out its	24866
duties, the board may hire and contract for professional,	24867
technical, consulting, and other special services and may purchase	24868
goods and award contracts. The procuring of goods and awarding of	24869
contracts shall be done in accordance with the procedures	24870
established for the board of county commissioners by sections	24871
307.86 to 307.91 of the Revised Code.	24872

(E) The board may appoint an executive for the park or parks	24873
and may designate the executive or another person as the clerk of	24874
the board. It may appoint all other necessary officers and	24875
employees, fix their compensation, and prescribe their duties, or	24876
it may require the executive to appoint all other necessary	24877
officers and employees, and to fix their compensation and	24878
prescribe their duties, in accordance with guidelines and policies	24879
adopted by the board.	24880

(F) The board may adopt bylaws and rules that it considers	24881
advisable for the following purposes:	24882

(1) To prohibit selling, giving away, or using any	24883
intoxicating liquors in the park or parks;	24884

(2) For the government and control of the park or parks and	24885
the operation of motor vehicles in the park or parks;	24886

(3) To provide for the protection and preservation of all	24887
property and natural life within its jurisdiction.	24888

Before the bylaws and rules take effect, the board shall	24889
provide for a notice of their adoption to be published once a week	24890
for two consecutive weeks or as provided in section 7.16 of the	24891
Revised Code, in a newspaper of general circulation in the county	24892
within which the park district is located.	24893

No person shall violate any of the bylaws or rules. Fines	24894
levied and collected for violations shall be paid into the	24895
treasury of the township park district. The board may use moneys	24896
collected from those fines for any purpose that is not	24897
inconsistent with sections 511.18 to 511.37 of the Revised Code.	24898

(G) The board may do either of the following:

24899

(1) Establish and charge fees for the use of any facilities	24900
and services of the park or parks regardless of whether the park	24901
or parks were acquired before, on, or after ~~the effective date of~~	24902
~~this amendment~~September 21, 2000;	24903

(2) Enter into a lease agreement with an individual or	24904
organization that provides for the exclusive use of a specified	24905
portion of the park or parks within the township park district by	24906
that individual or organization for the duration of an event	24907
produced by the individual or organization. The board, for the	24908
specific portion of the park or parks covered by the lease	24909
agreement, may charge a fee to, or permit the individual or	24910
organization to charge a fee to, participants in and spectators at	24911
the event covered by the agreement.	24912

(H) If the board finds that real or personal property owned	24913
by the township park district is not currently needed for park	24914
purposes, the board may lease that property to other persons or	24915
organizations during any period of time the board determines the	24916
property will not be needed. If the board finds that competitive	24917
bidding on a lease is not feasible, it may lease the property	24918
without taking bids.	24919

(I) The board may exchange property owned by the township	24920
park district for property owned by the state, another political	24921
subdivision, or the federal government on terms that it considers	24922
desirable, without the necessity of competitive bidding.	24923

(J) Any rights or duties established under this section may	24924
be modified, shared, or assigned by an agreement pursuant to	24925
section 755.16 of the Revised Code.	24926

Sec. 511.235. The board of park commissioners of a township	24927
park district may enter into contracts with one or more townships,	24928
township police districts, joint police districts, municipal	24929
corporations, or county sheriffs of this state, with one or more	24930
park districts created pursuant to section 1545.01 of the Revised	24931
Code or other township park districts, or with a contiguous	24932
political subdivision of an adjoining state, and a township,	24933
township police district, joint police district board, municipal	24934
corporation, county sheriff, park district, or other township park	24935
district of this state may enter into a contract with a township	24936
park district upon any terms that are agreed to by them, to allow	24937
the use of the township park district law enforcement officers	24938
designated under section 511.232 of the Revised Code to perform	24939
any police function, exercise any police power, or render any	24940
police service in behalf of the contracting political subdivision	24941
that the subdivision may perform, exercise, or render.	24942

Chapter 2744. of the Revised Code, insofar as it applies to	24943
the operation of police departments, shall apply to the	24944
contracting political subdivisions and to the members of their	24945
police force or law enforcement department when they are rendering	24946
service outside their own subdivisions pursuant to that contract.	24947

Any members of the police force or law enforcement department	24948
acting pursuant to that contract outside the political subdivision	24949
in which they are employed shall be entitled to participate in any	24950
indemnity fund established by their employer to the same extent as	24951
while acting within the employing subdivision. Those members shall	24952
be entitled to all the rights and benefits of Chapter 4123. of the	24953
Revised Code, to the same extent as while performing service	24954
within the subdivision.	24955

The contracts entered into pursuant to this section may	24956
provide for the following:	24957

(A) A fixed annual charge to be paid at the times agreed upon	24958
and stipulated in the contract;	24959

(B) Compensation based upon the following:

24960

(1) A stipulated price for each call or emergency;

24961

(2) The number of members or pieces of equipment employed;

24962

(3) The elapsed time of service required in each call or	24963
emergency.	24964

(C) Compensation for loss or damage to equipment while	24965
engaged in rendering police services outside the limits of the	24966
subdivision that owns and furnishes the equipment;	24967

(D) Reimbursement of the subdivision in which the police	24968
force or law enforcement department members are employed, for any	24969
indemnity award or premium contribution assessed against the	24970
employing subdivision for workers' compensation benefits for	24971
injuries or death to members of its police force or law	24972
enforcement department occurring while engaged in rendering	24973
service pursuant to the contract.	24974

Sec. 511.236. The police force or law enforcement department	24975
of any township park district may provide police protection to any	24976
county, municipal corporation, township, or township police	24977
district, or joint police district of this state, to any other	24978
township park district or any park district created pursuant to	24979
section 1545.01 of the Revised Code, or to a governmental entity	24980
of an adjoining state without a contract to provide police	24981
protection, upon the approval, by resolution, of the board of park	24982
commissioners of the township park district in which the police	24983
force or law enforcement department is located and upon	24984
authorization by an officer or employee of the police force or	24985
department providing the police protection who is designated by	24986
title of office or position, pursuant to the resolution of the	24987
board of park commissioners, to give the authorization.	24988

Chapter 2744. of the Revised Code, insofar as it applies to	24989
the operation of police departments, shall apply to any township	24990
park district and to members of its police force or law	24991
enforcement department when those members are rendering police	24992
services pursuant to this section outside the township park	24993
district by which they are employed.	24994

Police force or law enforcement department members acting, as	24995
provided in this section, outside the township park district by	24996
which they are employed shall be entitled to participate in any	24997
pension or indemnity fund established by their employer to the	24998
same extent as while acting within the township park district by	24999
which they are employed. Those members shall be entitled to all	25000
rights and benefits of Chapter 4123. of the Revised Code to the	25001
same extent as while performing services within the township park	25002
district by which they are employed.	25003

Sec. 511.25. If the board of park commissioners of a	25004
township park district finds that any lands that the board has	25005
acquired are not necessary for the purposes for which they were	25006
acquired, it may sell and dispose of those lands upon terms that	25007
the board considers advisable and may reject any purchase bid	25008
received under this section that the board determines does not	25009
meet its terms for sale.	25010

Except as otherwise provided in this section, no lands shall	25011
be sold without first giving notice of the board's intention to	25012
sell the lands by publication once a week for four consecutive	25013
weeks in a newspaper of general circulation in the township or as	25014
provided in section 7.16 of the Revised Code. The notice shall	25015
contain an accurate description of the lands being offered for	25016
sale and shall state the time and place at which sealed bids for	25017
the lands will be received. If the board rejects all of the	25018
purchase bids, it may reoffer the lands for sale in accordance	25019
with this section.	25020

The board also may sell park lands not necessary for district	25021
purposes to another political subdivision, the state, or the	25022
federal government without giving the notices or taking bids as	25023
otherwise required by this section.	25024

No lands acquired by a township park district may be sold	25025
without the approval of the court of common pleas of the county in	25026
which the park district is located, if the court appointed the	25027
board under section 511.18 of the Revised Code, or the approval of	25028
the board of township trustees, if the board of township trustees	25029
appointed the board of park commissioners under section 511.18 of	25030
the Revised Code.	25031

Sec. 511.28. A copy of any resolution for a tax levy adopted	25032
by the township board of park commissioners as provided in section	25033
511.27 of the Revised Code shall be certified by the clerk of the	25034
board of park commissioners to the board of elections of the	25035
proper county, together with a certified copy of the resolution	25036
approving the levy, passed by the board of township trustees if	25037
such a resolution is required by division (C) of section 511.27 of	25038
the Revised Code, not less than ninety days before a general or	25039
primary election in any year. The board of elections shall submit	25040
the proposal to the electors as provided in section 511.27 of the	25041
Revised Code at the succeeding general or primary election. A	25042
resolution to renew an existing levy may not be placed on the	25043
ballot unless the question is submitted at the general election	25044
held during the last year the tax to be renewed may be extended on	25045
the real and public utility property tax list and duplicate, or at	25046
any election held in the ensuing year. The board of park	25047
commissioners shall cause notice that the vote will be taken to be	25048
published once a week for two consecutive weeks prior to the	25049
election in a newspaper of general circulation, or as provided in	25050
section 7.16 of the Revised Code, in the county within which the	25051
park district is located. Additionally, if the board of elections	25052
operates and maintains a web site, the board of elections shall	25053
post that notice on its web site for thirty days prior to the	25054
election. The notice shall state the purpose of the proposed levy,	25055
the annual rate proposed expressed in dollars and cents for each	25056
one hundred dollars of valuation as well as in mills for each one	25057
dollar of valuation, the number of consecutive years during which	25058
the levy shall be in effect, and the time and place of the	25059
election.	25060

The form of the ballots cast at the election shall be: "An	25061
additional tax for the benefit of (name of township park district)	25062
.......... for the purpose of (purpose stated in the order of the	25063
board) .......... at a rate not exceeding .......... mills for	25064
each one dollar of valuation, which amounts to (rate expressed in	25065
dollars and cents) .......... for each one hundred dollars of	25066
valuation, for (number of years the levy is to run) ..........	25067

25068

		FOR THE TAX LEVY			25069
		AGAINST THE TAX LEVY	"		25070

25071

If the levy submitted is a proposal to renew, increase, or	25072
decrease an existing levy, the form of the ballot specified in	25073
this section may be changed by substituting for the words "An	25074
additional" at the beginning of the form, the words "A renewal of	25075
a" in the case of a proposal to renew an existing levy in the same	25076
amount; the words "A renewal of .......... mills and an increase	25077
of .......... mills to constitute a" in the case of an increase;	25078
or the words "A renewal of part of an existing levy, being a	25079
reduction of .......... mills, to constitute a" in the case of a	25080
decrease in the rate of the existing levy.	25081

If the tax is to be placed on the current tax list, the form	25082
of the ballot shall be modified by adding, after the statement of	25083
the number of years the levy is to run, the phrase ", commencing	25084
in .......... (first year the tax is to be levied), first due in	25085
calendar year .......... (first calendar year in which the tax	25086
shall be due)."	25087

The question covered by the order shall be submitted as a	25088
separate proposition, but may be printed on the same ballot with	25089
any other proposition submitted at the same election, other than	25090
the election of officers. More than one such question may be	25091
submitted at the same election.	25092

Sec. 511.34. In townships composed of islands, and on one of	25093
which islands lands have been conveyed in trust for the benefit of	25094
the inhabitants of the island for use as a park, and a board of	25095
park trustees has been provided for the control of the park, the	25096
board of township trustees may create a tax district of the island	25097
to raise funds by taxation as provided under divisions (A) and (B)	25098
of this section.	25099

(A) For the care and maintenance of parks on the island, the	25100
board of township trustees annually may levy a tax, not to exceed	25101
one mill, upon all the taxable property in the district. The tax	25102
shall be in addition to all other levies authorized by law, and	25103
subject to no limitation on tax rates except as provided in this	25104
division.	25105

The proceeds of the tax levy shall be expended by the board	25106
of township trustees for the purpose of the care and maintenance	25107
of the parks, and shall be paid out of the township treasury upon	25108
the orders of the board of park trustees.	25109

(B) For the purpose of acquiring additional land for use as a	25110
park, the board of township trustees may levy a tax in excess of	25111
the ten-mill limitation on all taxable property in the district.	25112
The tax shall be proposed by resolution adopted by two-thirds of	25113
the members of the board of township trustees. The resolution	25114
shall specify the purpose and rate of the tax and the number of	25115
years the tax will be levied, which shall not exceed five years,	25116
and which may include a levy on the current tax list and	25117
duplicate. The resolution shall go into immediate effect upon its	25118
passage, and no publication of the resolution is necessary other	25119
than that provided for in the notice of election. The board of	25120
township trustees shall certify a copy of the resolution to the	25121
proper board of elections not later than ninety days before the	25122
primary or general election in the township, and the board of	25123
elections shall submit the question of the tax to the voters of	25124
the district at the succeeding primary or general election. The	25125
board of elections shall make the necessary arrangements for the	25126
submission of the question to the electors of the district, and	25127
the election shall be conducted, canvassed, and certified in the	25128
same manner as regular elections in the township for the election	25129
of officers. Notice of the election shall be published in a	25130
newspaper of general circulation in the township once a week for	25131
two consecutive weeks, or as provided in section 7.16 of the	25132
Revised Code prior to the election ~~and, if~~. If the board of	25133
elections operates and maintains a web site, notice of the	25134
election also shall be posted on that web site for thirty days	25135
prior to the election. The notice shall state the purpose of the	25136
tax, the proposed rate of the tax expressed in dollars and cents	25137
for each one hundred dollars of valuation and mills for each one	25138
dollar of valuation, the number of years the tax will be in	25139
effect, the first year the tax will be levied, and the time and	25140
place of the election.	25141

The form of the ballots cast at an election held under this	25142
division shall be as follows:	25143

"An additional tax for the benefit of ......... (name of the	25144
township) for the purpose of acquiring additional park land at a	25145
rate of ......... mills for each one dollar of valuation, which	25146
amounts to ........ (rate expressed in dollars and cents) for each	25147
one hundred dollars of valuation, for ......... (number of years	25148
the levy is to run) beginning in ........... (first year the tax	25149
will be levied).	25150

25151

		FOR THE TAX LEVY			25152
		AGAINST THE TAX LEVY	"		25153

25154

The question shall be submitted as a separate proposition but	25155
may be printed on the same ballot with any other proposition	25156
submitted at the same election other than the election of	25157
officers. More than one such question may be submitted at the same	25158
election.	25159

If the levy is approved by a majority of electors voting on	25160
the question, the board of elections shall certify the result of	25161
the election to the tax commissioner. In the first year of the	25162
levy, the tax shall be extended on the tax lists after the	25163
February settlement following the election. If the tax is to be	25164
placed on the tax lists of the current year as specified in the	25165
resolution, the board of elections shall certify the result of the	25166
election immediately after the canvass to the board of township	25167
trustees, which shall forthwith make the necessary levy and	25168
certify the levy to the county auditor, who shall extend the levy	25169
on the tax lists for collection. After the first year of the levy,	25170
the levy shall be included in the annual tax budget that is	25171
certified to the county budget commission.	25172

Sec. 513.14. The board of elections shall advertise the	25173
proposed tax levy question mentioned in section 513.13 of the	25174
Revised Code in ~~two newspapers of opposite political faith, if two~~	25175
~~such newspapers are published in the joint township hospital~~	25176
~~district, or otherwise in one~~a newspaper~~, published or~~ of general	25177
circulation in the proposed township hospital district, once a	25178
week for two consecutive weeks, or as provided in section 7.16 of	25179
the Revised Code, prior to the election ~~and, if~~. If the board	25180
operates and maintains a web site, the board also shall advertise	25181
that proposed tax levy question on its web site for thirty days	25182
prior to the election.	25183

Sec. 515.01. The board of township trustees may provide	25184
artificial lights for any road, highway, public place, or building	25185
under its supervision or control, or for any territory within the	25186
township and outside the boundaries of any municipal corporation,	25187
when the board determines that the public safety or welfare	25188
requires that the road, highway, public place, building, or	25189
territory shall be lighted. The lighting may be procured either by	25190
the township installing a lighting system or by contracting with	25191
any person or corporation to furnish lights.	25192

If lights are furnished under contract, the contract may	25193
provide that the equipment employed may be owned by the township	25194
or by the person or corporation supplying the lights.	25195

If the board determines to procure lighting by contract and	25196
the total estimated cost of the contract exceeds ~~twenty-five~~fifty	25197
thousand dollars, the board shall prepare plans and specifications	25198
for the lighting equipment and shall, for two weeks, advertise for	25199
bids for furnishing the lighting equipment, either by posting the	25200
advertisement in three conspicuous places in the township or by	25201
publication of the advertisement once a week, for two consecutive	25202
weeks, in a newspaper of general circulation in the township. Any	25203
such contract for lighting shall be made with the lowest and best	25204
bidder.	25205

The board may also cause notice to be inserted in trade	25206
papers or other publications designated by it or to be distributed	25207
by electronic means, including posting the notice on the board's	25208
internet web site. If the board posts the notice on its web site,	25209
it may eliminate the second notice otherwise required to be	25210
published in a newspaper of general circulation in the township,	25211
provided that the first notice published in such newspaper meets	25212
all of the following requirements:	25213

(A) It is published at least two weeks before the opening of	25214
bids.	25215

(B) It includes a statement that the notice is posted on the	25216
board's internet web site.	25217

(C) It includes the internet address of the board's internet	25218
web site.	25219

(D) It includes instructions describing how the notice may be	25220
accessed on the board's internet web site.	25221

No lighting contract awarded by the board shall be made to	25222
cover a period of more than twenty years. The cost of installing	25223
and operating any lighting system or any light furnished under	25224
contract shall be paid from the general fund of the township	25225
treasury.	25226

Sec. 515.04. The township fiscal officer shall fix a day,	25227
not more than thirty days from the date of notice to the board of	25228
township trustees, for the hearing of the petition authorized by	25229
section 515.02 or 515.16 of the Revised Code. The township fiscal	25230
officer or the fiscal officer's designee shall prepare and deliver	25231
to any of the petitioners a notice in writing directed to the lot	25232
and land owners and to the corporations, either public or private,	25233
affected by the improvement. The notice shall set forth the	25234
substance, pendency, and prayer of the petition and the time and	25235
place of the hearing on it.	25236

A copy of the notice shall be served upon each lot or land	25237
owner or left at the lot or land owner's usual place of residence,	25238
and upon an officer or agent of each corporation having its place	25239
of business in the district or area, at least fifteen days before	25240
the date set for the hearing. On or before the day of the hearing,	25241
the person serving the notice shall make return on it, under oath,	25242
of the time and manner of service and shall file the return with	25243
the township fiscal officer.	25244

The township fiscal officer or the fiscal officer's designee	25245
shall give the notice to each nonresident lot or land owner, by	25246
publication once, in a newspaper ~~published in and~~ of general	25247
circulation in the county in which the district or area is	25248
situated, at least two weeks before the day set for hearing. The	25249
notice shall be verified by affidavit of the printer or other	25250
person knowing the fact and shall be filed with the township	25251
fiscal officer or the fiscal officer's designee on or before the	25252
day of hearing. No further notice of the petition or the	25253
proceedings under it shall thereafter be required.	25254

Sec. 515.07. If the total estimated cost of any lighting	25255
improvement provided for in section 515.06 of the Revised Code is	25256
~~twenty-five~~fifty thousand dollars or less, the contract may be	25257
let without competitive bidding. When competitive bidding is	25258
required, the board of township trustees shall post, in three of	25259
the most conspicuous public places in the district, a notice	25260
specifying the number, candle power, and location of lights and	25261
the kind of supports for the lights as provided by section 515.06	25262
of the Revised Code, as well as the time, which shall not be less	25263
than thirty days from the posting of the notices, and the place	25264
the board will receive bids to furnish the lights. The board shall	25265
accept the lowest and best bid, if the successful bidder meets the	25266
requirements of section 153.54 of the Revised Code. The board may	25267
reject all bids.	25268

Sec. 517.06. The board of township trustees shall have the	25269
cemetery laid out in lots, avenues, and paths, shall number the	25270
lots, and shall have a suitable plat of the lots made, which plat	25271
shall be carefully kept by the township fiscal officer. The board	25272
shall make and enforce all needful rules and regulations for the	25273
division of the cemetery into lots, for the allotment of lots to	25274
families or individuals, and for the care, supervision, and	25275
improvement of the lots. The board also may make and enforce all	25276
needful rules and regulations for burial, interment, reinterment,	25277
or disinterment. The board shall require the grass and weeds in	25278
the cemetery to be cut and destroyed at least twice each year.	25279
Suitable provision shall be made in the cemetery for persons whose	25280
burial is at the expense of the township.	25281

Sec. 517.12. The board of township trustees may make rules	25282
specifying the times when cemeteries under its control shall be	25283
closed to the public. The board shall cause the rules to be	25284
published once a week for two consecutive weeks in a newspaper of	25285
general circulation within the township or as provided in section	25286
7.16 of the Revised Code, and may post appropriate notice in the	25287
township as considered necessary.	25288

The purposes of such rules shall be to assure a reasonable	25289
time of access to the cemeteries in view of the differences in	25290
attendance anticipated from past experience as to each, to exclude	25291
attendance at times when no proper purposes could normally be	25292
expected, to permit exceptions to the normal hours of access on	25293
reasonable request with adequate reason provided, and to	25294
facilitate the task of protecting the premises from vandalism,	25295
desecration, and other improper usage.	25296

Whoever violates these rules is guilty of a minor	25297
misdemeanor.	25298

Sec. 517.22. The board of township trustees or the trustees	25299
or directors of a cemetery association, after notice has first	25300
been given in ~~two newspapers~~a newspaper of general circulation in	25301
the county, may dispose of, at public sale, and convey any	25302
cemetery under their control that they have determined to	25303
discontinue as burial grounds, but possession of the cemetery	25304
shall not be given to a grantee until after the remains buried in	25305
that cemetery, together with stones and monuments, have been	25306
removed as provided by section 517.21 of the Revised Code.	25307

Sec. 521.03. On receiving a petition filed under section	25308
521.02 of the Revised Code, or at the request of the board of	25309
township trustees, the township fiscal officer shall fix a time,	25310
not more than thirty days after the date of giving notice of the	25311
filing to the board or the date of receiving the request from the	25312
board, and place for a hearing on the issue of repair or	25313
maintenance of the tiles. The township fiscal officer shall	25314
prepare a notice in writing directed to the lot and land owners	25315
and to the corporations, either public or private, affected by the	25316
improvement. The notice shall set forth the substance of the	25317
petition or board request, and the time and place of the hearing	25318
on it.	25319

If the hearing is to be held in response to a petition, the	25320
township fiscal officer shall deliver a copy of the notice to any	25321
of the petitioners, who shall see that the notice is served on	25322
each lot or land owner or left at the lot or land owner's usual	25323
place of residence, and served on an officer or agent of each	25324
corporation affected by the improvement, at least fifteen days	25325
before the date set for the hearing. If the hearing is to be held	25326
at the request of the board, the board shall see that the notice	25327
is so served. On or before the day of the hearing, the person	25328
serving the notice shall certify, under oath, the time and manner	25329
of service, and shall file this certification with the township	25330
fiscal officer.	25331

The township fiscal officer shall give notice of the hearing	25332
to each nonresident lot or land owner, by publication once, in a	25333
newspaper ~~published in and~~ of general circulation in the county in	25334
which the township is situated, at least two weeks before the day	25335
set for the hearing. This notice shall be verified by affidavit of	25336
the printer or other person knowing the fact, and shall be filed	25337
with the township fiscal officer on or before the day of the	25338
hearing. No further notice of the petition or the proceedings	25339
under it shall thereafter be required.	25340

Sec. 521.05. (A) If the total estimated cost of any	25341
improvement provided for in section 521.04 of the Revised Code is	25342
~~twenty-five~~fifty thousand dollars or less, the contract may be	25343
let without competitive bidding. When competitive bidding is	25344
required, the board of township trustees shall post, in three of	25345
the most conspicuous public places in the township, a notice	25346
specifying the improvement to be made and the time, which shall be	25347
at least thirty days after the posting of the notices, and the	25348
place the board will receive bids to make the improvement. The	25349
board shall accept the lowest and best bid, if the successful	25350
bidder meets the requirements of section 153.54 of the Revised	25351
Code. The board may reject all bids.	25352

(B) On accepting a bid, the board shall enter into a contract	25353
with the successful bidder for making the improvement according to	25354
specifications. The contract shall not be for a term longer than	25355
ten years.	25356

Sec. 523.01. The territory of one or more townships may be	25357
merged with that of a contiguous township to create a new	25358
township, in the manner provided under this chapter. The new	25359
township shall have all of, and only, the rights, powers, and	25360
responsibilities afforded by law to townships.	25361

Sec. 523.02. (A) A resolution for a merger under this	25362
chapter may be proposed by initiative petition by the electors of	25363
each township being proposed for merger, and adopted by election	25364
by these electors under the same circumstances, in the same	25365
manner, and subject to the same penalties as provided by sections	25366
731.28 to 731.40 and 731.99 of the Revised Code for municipal	25367
corporations, except that all of the following apply:	25368

(1) Each board of township trustees shall perform the duties	25369
imposed on the legislative authority of the municipal corporation	25370
under those sections;	25371

(2) Initiative petitions shall be filed with the township	25372
fiscal officer of each township proposed for merger, who shall	25373
perform the duties imposed under those sections upon the city	25374
auditor or village clerk;	25375

(3) Initiative petitions shall contain the signatures of not	25376
less than ten per cent of the total number of electors in a	25377
township proposed for merger who voted for the office of governor	25378
at the most recent general election in the township for that	25379
office;	25380

(4) Each signer of an initiative petition shall be an elector	25381
of the township in which the election on the proposed resolution	25382
is to be held.	25383

(B) The merger shall take effect one hundred twenty days	25384
after certification by the board or boards of elections that the	25385
merger has been approved by the electors of each township proposed	25386
for merger.	25387

Sec. 523.03. (A) The boards of township trustees of two or	25388
more townships, by adopting resolutions by a majority vote of the	25389
board of township trustees of each township, may cause the	25390
appropriate board of elections for each township to submit to the	25391
electors of each township the question of merger under section	25392
523.01 of the Revised Code. The question shall be voted upon at	25393
the next general election occurring not less than ninety days	25394
after the certification of the resolutions to the appropriate	25395
board of elections.	25396

(B) In submitting to the electors of each township the	25397
question of merger, the board of elections shall submit the	25398
question in language substantially as follows:	25399

"Shall the townships of ................ (Names of all of the	25400
townships to be merged) be merged to create the new township of	25401
............... (Name of the new township)?"	25402

(C) The merger shall take effect one hundred twenty days	25403
after certification by the board or boards of elections that the	25404
merger has been approved by the electors of each township proposed	25405
for merger.	25406

Sec. 523.04. (A) Within one hundred twenty days after	25407
approval of the merger by the electors under section 523.02 or	25408
523.03 of the Revised Code, each board of township trustees of the	25409
townships merged, by adopting a joint resolution approved by a	25410
majority of the members of each board, shall enter into a merger	25411
agreement that contains the specific terms and conditions of the	25412
merger. At a minimum, the merger agreement shall set forth all of	25413
the following:	25414

(1) The names of the former townships that were merged;

25415

(2) The name of the new township;

25416

(3) The place in which the principal office of the new	25417
township will be located or the manner in which it may be	25418
selected;	25419

(4) The territorial boundaries of the new township;

25420

(5) The date on which the merger took effect;

25421

(6) The governmental operations and organization for the new	25422
township, including a plan for electing officers at the next	25423
general election that is held not later than ninety days after the	25424
merger agreement is finalized;	25425

(7) A procedure for the efficient and timely transition of	25426
specific services, functions, and responsibilities from each	25427
township and its respective offices to the new township;	25428

(8) Terms for the disposition of the assets and property of	25429
each township, if necessary;	25430

(9) The liquidation of existing indebtedness for each	25431
township, if necessary;	25432

(10) A plan for the common administration and enforcement of	25433
resolutions of the townships merged, to be enforced uniformly	25434
within the new township;	25435

(11) A provision that specifies whether there will be any	25436
zoning changes as a result of the merger, if applicable;	25437

(12) A plan to conform the boundaries of an existing special	25438
purpose district with the new township, to dissolve the special	25439
purpose district, or to absorb the special purpose district into	25440
the new township. As used in this division, "special purpose	25441
district" has the meaning in division (F) of section 523.06 of the	25442
Revised Code.	25443

(B) A copy of the joint resolution and the merger agreement	25444
adopted under this section shall be filed with the township fiscal	25445
officer of the new township. The merger agreement shall take	25446
effect on the day on which such filing is made.	25447

(C) If no merger agreement, or if only a partial merger	25448
agreement, is entered into within the time period prescribed by	25449
division (A) of this section, the new township shall comply with	25450
and operate under a merger agreement that contains the terms and	25451
conditions required by section 523.06 of the Revised Code.	25452

Sec. 523.05. (A) A new township created under this chapter	25453
shall succeed to the following interests of each township merged:	25454

(1) All money, taxes, and special assessments, whether in the	25455
township treasury or in the process of collection;	25456

(2) All property and interests in property, whether real or	25457
personal;	25458

(3) All rights and interests in contracts, or in securities,	25459
bonds, notes, or other instruments;	25460

(4) All accounts receivable and rights of action;

25461

(5) All other matters not included in this section that are	25462
not addressed in the merger agreement.	25463

(B) A new township created under this chapter is legally	25464
obligated for all outstanding franchises, contracts, debts, and	25465
other legally binding obligations for each township merged into	25466
the new township. A new township created under this chapter is	25467
legally responsible for maintaining, defending, or otherwise	25468
resolving any and all legal claims or actions of each township	25469
merged into the new township.	25470

Sec. 523.06. If a merger agreement is entered into as	25471
required by section 523.04 of the Revised Code, this section does	25472
not apply. If a merger agreement is not entered into under section	25473
523.04 of the Revised Code, the merger agreement shall contain all	25474
of the terms and conditions specified in this section. If a	25475
partial merger agreement is entered into under section 523.04 of	25476
the Revised Code, this section applies only to the extent any term	25477
or condition that is required by section 523.04 of the Revised	25478
Code to be addressed in the merger agreement is not addressed	25479
therein.	25480

The terms and conditions of a merger agreement to which this	25481
section applies shall be as follows:	25482

(A) All members of each board of township trustees shall	25483
serve as board members of the new township. At the first general	25484
election for township officers occurring not less than ninety days	25485
after a merger is approved, the electors of the new township shall	25486
elect three township trustees with staggered terms of office. The	25487
first terms of office following the election shall be modified to	25488
an even number of years not to exceed four to allow subsequent	25489
elections for the office to be held in the same year as other	25490
township officers.	25491

(B) The township fiscal officer of the largest township, by	25492
population, shall be the township fiscal officer for the new	25493
township. At the first general election for township officers	25494
occurring not less than ninety days after the merger, the electors	25495
shall elect a township fiscal officer, whose first term of office	25496
shall be modified to an even number of years not to exceed four to	25497
allow subsequent elections for that office to be held in the same	25498
year as other township fiscal officers.	25499

(C) Voted property tax levies shall remain in effect for the	25500
parcels of real property to which they applied prior to the	25501
merger, and the merger shall not affect the proceeds of a tax levy	25502
pledged for the retirement of any debt obligation. Upon expiration	25503
of a property tax levy, the levy may only be replaced or renewed	25504
by vote of the electors in the manner provided by law, to apply to	25505
real property within the boundaries of the new township. If the	25506
millage levied inside the ten-mill limitation of each township	25507
merged is different, the board of township trustees of the new	25508
township shall immediately equalize the millage for the entire new	25509
township.	25510

(D) For purposes of the retirement of all debt obligations of	25511
each township merged, the township fiscal officer shall continue	25512
to track parcels of real property and the tax revenue generated on	25513
those parcels by the tax districts that were in place prior to the	25514
merger, and shall provide that information on an annual basis to	25515
the board of township trustees of the new township. Debt	25516
obligations that existed at the time of the merger shall be	25517
retired from the revenue generated from the parcels of real	25518
property that made up the township that incurred the debt before	25519
the merger.	25520

(E)(1) With respect to any agreement entered into under	25521
Chapter 4117. of the Revised Code that covers any of the employees	25522
of the townships merged under this chapter, the state employment	25523
relations board, within one hundred twenty days after the date the	25524
merger is approved, shall designate the appropriate bargaining	25525
units for the employees of the new township in accordance with	25526
section 4117.06 of the Revised Code. Notwithstanding the	25527
recognition procedures prescribed in section 4117.05 and division	25528
(A) of section 4117.07 of the Revised Code, the board shall	25529
conduct a representation election with respect to each bargaining	25530
unit designated under this division in accordance with divisions	25531
(B) and (C) of section 4117.07 of the Revised Code. If an	25532
exclusive representative is selected through this election, the	25533
exclusive representative shall negotiate and enter into an	25534
agreement with the new township in accordance with Chapter 4117.	25535
of the Revised Code. Until the parties reach an agreement, any	25536
agreement in effect on the date of the merger shall apply to the	25537
employees that were in the bargaining unit that is covered by the	25538
agreement. An agreement in existence on the date of the merger is	25539
terminated on the effective date of an agreement negotiated under	25540
this division.	25541

(2) If an exclusive representative is not selected, any	25542
agreement in effect on the date of the merger shall apply to the	25543
employees that were in the bargaining unit that is covered by the	25544
agreement and shall expire on its terms.	25545

(3) Each agreement entered into under Chapter 4117. of the	25546
Revised Code on or after the effective date of this section	25547
involving a new township shall contain a provision regarding the	25548
designation of an exclusive representative and bargaining units	25549
for the new township as described in division (E) of this section.	25550

(4) In addition to the laws listed in division (A) of section	25551
4117.10 of the Revised Code that prevail over conflicting	25552
agreements between employee organizations and public employers,	25553
division (E) of this section prevails over any conflicting	25554
provisions of agreements between employee organizations and public	25555
employers that are entered into on or after the effective date of	25556
this section pursuant to Chapter 4117. of the Revised Code.	25557

(5) As used in division (E) of this section, "employee	25558
organization" and "exclusive representative" have the same	25559
meanings as in section 4117.01 of the Revised Code.	25560

(F)(1) If the boundaries of the new township are not	25561
coextensive with a special purpose district, the new township	25562
shall remain in the existing special purpose district as a	25563
successor to the original township, unless the special purpose	25564
district is dissolved. The board of township trustees of the new	25565
township may place a question on the ballot at the next general	25566
election held after the merger to conform the boundaries, dissolve	25567
the special purpose district, or absorb the special purpose	25568
district into the new township on the terms specified in the	25569
resolution that places the question on the ballot for approval of	25570
the electors of the new township.	25571

(2) As used in division (F) of this section, "special purpose	25572
district" means any geographic or political jurisdiction that is	25573
created under law by a township merged.	25574

(G) Zoning codes that existed at the time of the merger shall	25575
remain in effect after the merger, and the townships that existed	25576
before the merger shall be treated as administrative districts	25577
within the new township for the purposes of zoning.	25578

Sec. 523.07. If a merger is disapproved by a majority of	25579
those voting on it in the townships proposed to be merged, an	25580
identical merger shall not be considered for at least three years	25581
after the date of the disapproval.	25582

Sec. 705.16. (A) All ordinances or resolutions shall be in	25583
effect after thirty days from the date of their passage, except as	25584
provided in section 705.75 of the Revised Code.	25585

(B) ~~Notwithstanding any conflicting provision of section 7.12~~	25586
~~of the Revised Code,~~A succinct summary of each ordinance and	25587
resolution of a general nature, or providing for public	25588
improvements, or assessing property~~, or a succinct summary of each~~	25589
~~such ordinance or resolution,~~ shall, upon passage of the ordinance	25590
or resolution, be promptly published one time in ~~not more than two~~	25591
~~newspapers~~a newspaper of general circulation in the municipal	25592
corporation. Such publication shall be made in the body type of	25593
the paper under headlines in eighteen point type, which headlines	25594
shall specify the nature of such legislation. ~~If a summary of an~~	25595
~~ordinance or resolution is published, the~~The publication shall	25596
contain notice that the complete text of each such ordinance or	25597
resolution may be obtained or viewed at the office of the clerk of	25598
the legislative authority of the municipal corporation and may be	25599
viewed at any other location designated by the legislative	25600
authority of the municipal corporation. The city director of law,	25601
village solicitor, or other chief legal officer of the municipal	25602
corporation shall review ~~any~~the summary of an ordinance or	25603
resolution published under this section prior to forwarding it to	25604
the clerk for publication, to ensure that the summary is legally	25605
accurate and sufficient.	25606

(C) Upon publication of a summary of an ordinance or	25607
resolution in accordance with this section, the clerk of the	25608
legislative authority shall supply a copy of the complete text of	25609
each such ordinance or resolution to any person, upon request, and	25610
may charge a reasonable fee, set by the legislative authority, for	25611
each copy supplied. The clerk shall post a copy of the text at ~~his~~	25612
the clerk's office and at every other location designated by the	25613
legislative authority.	25614

(D) No newspaper shall be paid a higher price for the	25615
publication of summaries of ordinances than its ~~maximum bona fide~~	25616
~~commercial~~government rate established under section 7.10 of the	25617
Revised Code.	25618

Sec. 709.43. As used in sections 709.43 to 709.48 of the	25619
Revised Code, "merger" means the annexation, one to another, of	25620
existing municipal corporations or of the unincorporated area of a	25621
township with one or more municipal corporations, or the merger of	25622
one or more municipal corporations with the unincorporated area of	25623
a township.	25624

Sec. 709.44. The territory of one or more municipal	25625
corporations, whether or not adjacent to one another, may be	25626
merged with that of an adjacent municipal corporation, and the	25627
unincorporated area of a township may be merged with one or more	25628
municipal corporations, or one or more municipal corporations,	25629
whether or not adjacent to one another, may be merged with that of	25630
an adjacent unincorporated area of a township, in the manner	25631
provided in sections 709.43 to 709.48 of the Revised Code.	25632

Sec. 709.451. (A) In lieu of filing a petition under section	25633
709.45 of the Revised Code, if the legislative authorities of each	25634
political subdivision that may be merged as provided in section	25635
709.44 of the Revised Code agree to a merger and adopt, by a	25636
two-thirds vote of each legislative authority, an ordinance or	25637
resolution proposing a merger, no election of a commission to draw	25638
up a statement of conditions for merger of the political	25639
subdivisions shall be held. Instead, the legislative authorities	25640
of those political subdivisions shall have one hundred twenty days	25641
to enter into a merger agreement that specifies the conditions of	25642
the proposed merger, in identical ordinances or a resolution	25643
adopted by a simple majority vote of each legislative authority.	25644
At a minimum, the proposed merger agreement shall include all of	25645
the following:	25646

(1) The names of the municipal corporations and township, if	25647
any, proposing the merger;	25648

(2) The territorial boundaries of the resulting municipal	25649
corporation or township;	25650

(3) The date that the proposed merger will take effect;

25651

(4) A procedure for the efficient and timely transition to	25652
the resulting municipal corporation or township of specified	25653
services, functions, and responsibilities from each municipal	25654
corporation or township and its respective departments and	25655
agencies;	25656

(5) A transition plan and schedule.

25657

(B) The merger shall take effect as provided in division (C)	25658
of section 709.452 of the Revised Code. On the effective date of	25659
the merger, a municipal corporation merging into a township only	25660
has the rights, powers, and responsibilities afforded by law to	25661
townships, and all other authority ceases to exist.	25662

Sec. 709.452. (A) The legislative authority of each	25663
municipal corporation or township proposed for merger as provided	25664
in section 709.44 of the Revised Code that adopts a merger	25665
agreement under section 709.451 of the Revised Code shall submit	25666
the question of merger to the electors of the municipal	25667
corporations and township proposed for merger. The legislative	25668
authorities shall certify the ordinances or resolution that	25669
adopted the merger agreement to the board or boards of elections,	25670
if the territory proposed for merger is located in more than one	25671
county, directing the submission of the question of merger to the	25672
electors of the municipal corporations and township proposed for	25673
merger at a special election to be held on the day of the next	25674
primary or general election in the county or counties that occurs	25675
not less than ninety days after the ordinances or resolution are	25676
certified to the board or boards of elections. The question shall	25677
be put on the ballot and voted upon, separately, in each municipal	25678
corporation or township proposed for merger.	25679

(B) The ordinances or resolution specifying the merger	25680
conditions agreed to by the municipal corporations and township	25681
proposed for merger shall be posted on the web sites of those	25682
municipal corporations and township, and shall be published in a	25683
newspaper of general circulation in the municipal corporations and	25684
township once a week for two consecutive weeks prior to the	25685
election.	25686

(C) If the merger is approved by a majority of those voting	25687
on it in each municipal corporation or township proposed to be	25688
merged, the merger and the merger agreement shall take immediate	25689
effect.	25690

(D) If an existing charter of a municipal corporation	25691
proposed for merger under this section conflicts with the	25692
processes and procedures specified in this section, the processes	25693
and procedures for merger addressed in the municipal corporation's	25694
charter apply.	25695

Sec. 711.35. Upon the filing of the application provided for	25696
in section 711.34 of the Revised Code, the county auditor shall	25697
give notice of the filing, by publication, for two consecutive	25698
weeks in a newspaper ~~published and~~ of general circulation in the	25699
county~~, of the filing thereof, and~~or as provided in section 7.16	25700
of the Revised Code. The county auditor shall also notify the	25701
board of county commissioners of such filing.	25702

Sec. 715.011. Each municipal corporation may lease for a	25703
period not to exceed forty years, pursuant to a contract providing	25704
for the construction thereof under a lease-purchase plan,	25705
buildings, structures, and other improvements for any authorized	25706
municipal purpose, and in conjunction therewith, may grant leases,	25707
easements, or licenses for lands under the control of the	25708
municipal corporation for a period not to exceed forty years. The	25709
lease shall provide that at the end of the lease period the	25710
buildings, structures, and related improvements together with the	25711
land on which they are situate shall become the property of the	25712
municipal corporation without cost.	25713

Whenever any building, structure, or other improvement is to	25714
be so leased by a municipal corporation, the appropriate	25715
contracting officer of the municipal corporation shall file with	25716
the clerk of the council such basic plans, specifications, bills	25717
of materials, and estimates of cost with sufficient detail to	25718
afford bidders all needed information, or alternatively, shall	25719
file the following plans, details, bills of materials, and	25720
specifications:	25721

(A) Full and accurate plans, suitable for the use of	25722
mechanics and other builders in such construction, improvement,	25723
addition, alteration, or installation;	25724

(B) Details to scale and full sized, so drawn and represented	25725
as to be easily understood;	25726

(C) Accurate bills showing the exact quantity of different	25727
kinds of material necessary to the construction;	25728

(D) Definite and complete specifications of the work to be	25729
performed, together with such directions as will enable a	25730
competent mechanic or other builder to carry them out and afford	25731
bidders all needed information;	25732

(E) A full and accurate estimate of each item of expense and	25733
of the aggregate cost thereof.	25734

The council of the municipal corporation shall give public	25735
notice, in ~~the~~a newspaper of general circulation in the municipal	25736
corporation, and in the form and with the phraseology as the	25737
council orders, published once each week for four consecutive	25738
weeks or as provided in section 7.16 of the Revised Code, of the	25739
time and place, when and where bids will be received for entering	25740
into an agreement to lease to the municipal corporation a	25741
building, structure, or other improvement, the last publication to	25742
be at least eight days preceding the day for opening the bids. The	25743
bids shall contain the terms upon which the builder would propose	25744
to lease the building, structure, or other improvement to the	25745
municipal corporation. The form of the bid approved by the council	25746
of the municipal corporation shall be used and a bid shall be	25747
invalid and not considered unless such form is used without	25748
change, alteration, or addition. Before submitting bids pursuant	25749
to this section, any builder shall have complied with sections	25750
153.50 to 153.52 of the Revised Code.	25751

On the day and at the place named for receiving bids for	25752
entering into lease agreements with the municipal corporation, the	25753
appropriate contracting officer of the municipal corporation shall	25754
open the bids, and shall publicly proceed immediately to tabulate	25755
the bids upon triplicate sheets, one of each of which sheets shall	25756
be filed with the clerk of the council. No lease agreement shall	25757
be entered into until the bureau of workers' compensation has	25758
certified that the corporation, partnership, or person to be	25759
awarded the lease agreement has complied with Chapter 4123. of the	25760
Revised Code, and until, if the builder submitting the lowest and	25761
best bid is a foreign corporation, the secretary of state has	25762
certified that the corporation is authorized to do business in	25763
this state, and until, if the builder submitting the lowest and	25764
best bid is a person or partnership nonresident of this state, the	25765
person or partnership has filed with the secretary of state a	25766
power of attorney designating the secretary of state as its agent	25767
for the purpose of accepting service of summons in any action	25768
brought under Chapter 4123. of the Revised Code, and until the	25769
agreement is submitted to the village solicitor or city director	25770
of law of the municipal corporation and ~~his~~the solicitor's or	25771
director's approval is certified thereon. Within thirty days after	25772
the day on which the bids are received, the council shall	25773
investigate the bids received and shall determine that the bureau	25774
and the secretary of state have made the certifications required	25775
by this section of the builder who has submitted the lowest and	25776
best bid. Within ten days of the completion of the investigation	25777
of the bids the council may award the lease agreement to the	25778
builder who has submitted the lowest and best bid and who has been	25779
certified by the bureau and secretary of state as required by this	25780
section. If bidding for the lease agreement has been conducted	25781
upon the basis of basic plans, specifications, bills of materials,	25782
and estimates of costs, upon the award to the builder, the	25783
council, or the builder with the approval of the council, shall	25784
appoint an architect or engineer licensed in this state to prepare	25785
such further detailed plans, specifications, and bills of	25786
materials as are required to construct the building, structure, or	25787
improvement.	25788

The council may reject any bid. Where there is reason to	25789
believe there is collusion or combination among bidders, the bids	25790
of those concerned therein shall be rejected.	25791

Sec. 715.47. A municipal corporation may fill or drain any	25792
lot or land within its limits on which water at any time becomes	25793
stagnant, remove all putrid substances from any lot, and remove	25794
all obstructions from culverts, covered drains, or private	25795
property, laid in any natural watercourse, creek, brook, or	25796
branch, which obstruct the water naturally flowing therein,	25797
causing it to flow back or become stagnant, in a way prejudicial	25798
to the health, comfort, or convenience of any of the citizens of	25799
the neighborhood. If such culverts or drains are of insufficient	25800
capacity, the municipal corporation may make them of such capacity	25801
as reasonably to accommodate the flow of such water at all times.	25802
The legislative authority of such municipal corporation may, by	25803
resolution, direct the owner to fill or drain such lot, remove	25804
such putrid substance or such obstructions, and if necessary,	25805
enlarge such culverts or covered drains to meet the requirements	25806
thereof.	25807

After service of a copy of such resolution, or after a	25808
publication thereof, in a newspaper of general circulation in such	25809
municipal corporation or as provided in section 7.16 of the	25810
Revised Code, for two consecutive weeks, such owner, or ~~his~~such	25811
owner's agent or attorney, shall comply with the directions of the	25812
resolution within the time therein specified.	25813

In case of the failure or refusal of such owner to comply	25814
with the resolution, the work required thereby may be done at the	25815
expense of the municipal corporation, and the amount of money so	25816
expended shall be recovered from the owner before any court of	25817
competent jurisdiction. Such expense from the time of the adoption	25818
of the resolution shall be a lien on such lot, which may be	25819
enforced by suit in the court of common pleas, and like	25820
proceedings may be had as directed in relation to the improvement	25821
of streets.	25822

The officers connected with the health department of every	25823
such municipal corporation shall see that this section is strictly	25824
and promptly enforced.	25825

Sec. 718.01. (A) As used in this chapter:

25826

(1) "Adjusted federal taxable income" means a C corporation's	25827
federal taxable income before net operating losses and special	25828
deductions as determined under the Internal Revenue Code, adjusted	25829
as follows:	25830

(a) Deduct intangible income to the extent included in	25831
federal taxable income. The deduction shall be allowed regardless	25832
of whether the intangible income relates to assets used in a trade	25833
or business or assets held for the production of income.	25834

(b) Add an amount equal to five per cent of intangible income	25835
deducted under division (A)(1)(a) of this section, but excluding	25836
that portion of intangible income directly related to the sale,	25837
exchange, or other disposition of property described in section	25838
1221 of the Internal Revenue Code;	25839

(c) Add any losses allowed as a deduction in the computation	25840
of federal taxable income if the losses directly relate to the	25841
sale, exchange, or other disposition of an asset described in	25842
section 1221 or 1231 of the Internal Revenue Code;	25843

(d)(i) Except as provided in division (A)(1)(d)(ii) of this	25844
section, deduct income and gain included in federal taxable income	25845
to the extent the income and gain directly relate to the sale,	25846
exchange, or other disposition of an asset described in section	25847
1221 or 1231 of the Internal Revenue Code;	25848

(ii) Division (A)(1)(d)(i) of this section does not apply to	25849
the extent the income or gain is income or gain described in	25850
section 1245 or 1250 of the Internal Revenue Code.	25851

(e) Add taxes on or measured by net income allowed as a	25852
deduction in the computation of federal taxable income;	25853

(f) In the case of a real estate investment trust and	25854
regulated investment company, add all amounts with respect to	25855
dividends to, distributions to, or amounts set aside for or	25856
credited to the benefit of investors and allowed as a deduction in	25857
the computation of federal taxable income;	25858

(g) IfDeduct, to the extent not otherwise deducted or	25859
excluded in computing federal taxable income, any income derived	25860
from providing public services under a contract through a project	25861
owned by the state, as described in section 126.604 of the Revised	25862
Code or derived from a transfer agreement or from the enterprise	25863
transferred under that agreement under section 4313.02 of the	25864
Revised Code.	25865

If the taxpayer is not a C corporation and is not an	25866
individual, the taxpayer shall compute adjusted federal taxable	25867
income as if the taxpayer were a C corporation, except:guaranteed	25868

~~(i) Guaranteed~~ payments and other similar amounts paid or	25869
accrued to a partner, former partner, member, or former member	25870
shall not be allowed as a deductible expense; ~~and~~amounts	25871

~~(ii) Amounts~~ paid or accrued to a qualified self-employed	25872
retirement plan with respect to an owner or owner-employee of the	25873
taxpayer, amounts paid or accrued to or for health insurance for	25874
an owner or owner-employee, and amounts paid or accrued to or for	25875
life insurance for an owner or owner-employee shall not be allowed	25876
as a deduction.	25877

Nothing in division (A)(1) of this section shall be construed	25878
as allowing the taxpayer to add or deduct any amount more than	25879
once or shall be construed as allowing any taxpayer to deduct any	25880
amount paid to or accrued for purposes of federal self-employment	25881
tax.	25882

Nothing in this chapter shall be construed as limiting or	25883
removing the ability of any municipal corporation to administer,	25884
audit, and enforce the provisions of its municipal income tax.	25885

(2) "Internal Revenue Code" means the Internal Revenue Code	25886
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.	25887

(3) "Schedule C" means internal revenue service schedule C	25888
filed by a taxpayer pursuant to the Internal Revenue Code.	25889

(4) "Form 2106" means internal revenue service form 2106	25890
filed by a taxpayer pursuant to the Internal Revenue Code.	25891

(5) "Intangible income" means income of any of the following	25892
types: income yield, interest, capital gains, dividends, or other	25893
income arising from the ownership, sale, exchange, or other	25894
disposition of intangible property including, but not limited to,	25895
investments, deposits, money, or credits as those terms are	25896
defined in Chapter 5701. of the Revised Code, and patents,	25897
copyrights, trademarks, tradenames, investments in real estate	25898
investment trusts, investments in regulated investment companies,	25899
and appreciation on deferred compensation. "Intangible income"	25900
does not include prizes, awards, or other income associated with	25901
any lottery winnings or other similar games of chance.	25902

(6) "S corporation" means a corporation that has made an	25903
election under subchapter S of Chapter 1 of Subtitle A of the	25904
Internal Revenue Code for its taxable year.	25905

(7) For taxable years beginning on or after January 1, 2004,	25906
"net profit" for a taxpayer other than an individual means	25907
adjusted federal taxable income and "net profit" for a taxpayer	25908
who is an individual means the individual's profit required to be	25909
reported on schedule C, schedule E, or schedule F, other than any	25910
amount allowed as a deduction under division (E)(2) or (3) of this	25911
section or amounts described in division (H) of this section.	25912

(8) "Taxpayer" means a person subject to a tax on income	25913
levied by a municipal corporation. Except as provided in division	25914
(L) of this section, "taxpayer" does not include any person that	25915
is a disregarded entity or a qualifying subchapter S subsidiary	25916
for federal income tax purposes, but "taxpayer" includes any other	25917
person who owns the disregarded entity or qualifying subchapter S	25918
subsidiary.	25919

(9) "Taxable year" means the corresponding tax reporting	25920
period as prescribed for the taxpayer under the Internal Revenue	25921
Code.	25922

(10) "Tax administrator" means the individual charged with	25923
direct responsibility for administration of a tax on income levied	25924
by a municipal corporation and includes:	25925

(a) The central collection agency and the regional income tax	25926
agency and their successors in interest, and other entities	25927
organized to perform functions similar to those performed by the	25928
central collection agency and the regional income tax agency;	25929

(b) A municipal corporation acting as the agent of another	25930
municipal corporation; and	25931

(c) Persons retained by a municipal corporation to administer	25932
a tax levied by the municipal corporation, but only if the	25933
municipal corporation does not compensate the person in whole or	25934
in part on a contingency basis.	25935

(11) "Person" includes individuals, firms, companies,	25936
business trusts, estates, trusts, partnerships, limited liability	25937
companies, associations, corporations, governmental entities, and	25938
any other entity.	25939

(12) "Schedule E" means internal revenue service schedule E	25940
filed by a taxpayer pursuant to the Internal Revenue Code.	25941

(13) "Schedule F" means internal revenue service schedule F	25942
filed by a taxpayer pursuant to the Internal Revenue Code.	25943

(B) No municipal corporation shall tax income at other than a	25944
uniform rate.	25945

(C) No municipal corporation shall levy a tax on income at a	25946
rate in excess of one per cent without having obtained the	25947
approval of the excess by a majority of the electors of the	25948
municipality voting on the question at a general, primary, or	25949
special election. The legislative authority of the municipal	25950
corporation shall file with the board of elections at least ninety	25951
days before the day of the election a copy of the ordinance	25952
together with a resolution specifying the date the election is to	25953
be held and directing the board of elections to conduct the	25954
election. The ballot shall be in the following form: "Shall the	25955
Ordinance providing for a ... per cent levy on income for (Brief	25956
description of the purpose of the proposed levy) be passed?	25957

25958

		FOR THE INCOME TAX			25959
		AGAINST THE INCOME TAX	"		25960

25961

In the event of an affirmative vote, the proceeds of the levy	25962
may be used only for the specified purpose.	25963

(D)(1) Except as otherwise provided in this section, no	25964
municipal corporation shall exempt from a tax on income	25965
compensation for personal services of individuals over eighteen	25966
years of age or the net profit from a business or profession.	25967

(2)(a) For taxable years beginning on or after January 1,	25968
2004, no municipal corporation shall tax the net profit from a	25969
business or profession using any base other than the taxpayer's	25970
adjusted federal taxable income.	25971

(b) Division (D)(2)(a) of this section does not apply to any	25972
taxpayer required to file a return under section 5745.03 of the	25973
Revised Code or to the net profit from a sole proprietorship.	25974

(E)(1) The legislative authority of a municipal corporation	25975
may, by ordinance or resolution, exempt from withholding and from	25976
a tax on income the following:	25977

(a) Compensation arising from the sale, exchange, or other	25978
disposition of a stock option, the exercise of a stock option, or	25979
the sale, exchange, or other disposition of stock purchased under	25980
a stock option; or	25981

(b) Compensation attributable to a nonqualified deferred	25982
compensation plan or program described in section 3121(v)(2)(C) of	25983
the Internal Revenue Code.	25984

(2) The legislative authority of a municipal corporation may	25985
adopt an ordinance or resolution that allows a taxpayer who is an	25986
individual to deduct, in computing the taxpayer's municipal income	25987
tax liability, an amount equal to the aggregate amount the	25988
taxpayer paid in cash during the taxable year to a health savings	25989
account of the taxpayer, to the extent the taxpayer is entitled to	25990
deduct that amount on internal revenue service form 1040.	25991

(3) The legislative authority of a municipal corporation may	25992
adopt an ordinance or resolution that allows a taxpayer who has a	25993
net profit from a business or profession that is operated as a	25994
sole proprietorship to deduct from that net profit the amount that	25995
the taxpayer paid during the taxable year for medical care	25996
insurance premiums for the taxpayer, the taxpayer's spouse, and	25997
dependents as defined in section 5747.01 of the Revised Code. The	25998
deduction shall be allowed to the same extent the taxpayer is	25999
entitled to deduct the premiums on internal revenue service form	26000
1040. The deduction allowed under this division shall be net of	26001
any related premium refunds, related premium reimbursements, or	26002
related insurance premium dividends received by the taxpayer	26003
during the taxable year.	26004

(F) If an individual's taxable income includes income against	26005
which the taxpayer has taken a deduction for federal income tax	26006
purposes as reportable on the taxpayer's form 2106, and against	26007
which a like deduction has not been allowed by the municipal	26008
corporation, the municipal corporation shall deduct from the	26009
taxpayer's taxable income an amount equal to the deduction shown	26010
on such form allowable against such income, to the extent not	26011
otherwise so allowed as a deduction by the municipal corporation.	26012

(G)(1) In the case of a taxpayer who has a net profit from a	26013
business or profession that is operated as a sole proprietorship,	26014
no municipal corporation may tax or use as the base for	26015
determining the amount of the net profit that shall be considered	26016
as having a taxable situs in the municipal corporation, an amount	26017
other than the net profit required to be reported by the taxpayer	26018
on schedule C or F from such sole proprietorship for the taxable	26019
year.	26020

(2) In the case of a taxpayer who has a net profit from	26021
rental activity required to be reported on schedule E, no	26022
municipal corporation may tax or use as the base for determining	26023
the amount of the net profit that shall be considered as having a	26024
taxable situs in the municipal corporation, an amount other than	26025
the net profit from rental activities required to be reported by	26026
the taxpayer on schedule E for the taxable year.	26027

(H) A municipal corporation shall not tax any of the	26028
following:	26029

(1) The military pay or allowances of members of the armed	26030
forces of the United States and of members of their reserve	26031
components, including the Ohio national guard;	26032

(2) The income of religious, fraternal, charitable,	26033
scientific, literary, or educational institutions to the extent	26034
that such income is derived from tax-exempt real estate,	26035
tax-exempt tangible or intangible property, or tax-exempt	26036
activities;	26037

(3) Except as otherwise provided in division (I) of this	26038
section, intangible income;	26039

(4) Compensation paid under section 3501.28 or 3501.36 of the	26040
Revised Code to a person serving as a precinct election official,	26041
to the extent that such compensation does not exceed one thousand	26042
dollars annually. Such compensation in excess of one thousand	26043
dollars may be subjected to taxation by a municipal corporation. A	26044
municipal corporation shall not require the payer of such	26045
compensation to withhold any tax from that compensation.	26046

(5) Compensation paid to an employee of a transit authority,	26047
regional transit authority, or regional transit commission created	26048
under Chapter 306. of the Revised Code for operating a transit bus	26049
or other motor vehicle for the authority or commission in or	26050
through the municipal corporation, unless the bus or vehicle is	26051
operated on a regularly scheduled route, the operator is subject	26052
to such a tax by reason of residence or domicile in the municipal	26053
corporation, or the headquarters of the authority or commission is	26054
located within the municipal corporation;	26055

(6) The income of a public utility, when that public utility	26056
is subject to the tax levied under section 5727.24 or 5727.30 of	26057
the Revised Code, except a municipal corporation may tax the	26058
following, subject to Chapter 5745. of the Revised Code:	26059

(a) Beginning January 1, 2002, the income of an electric	26060
company or combined company;	26061

(b) Beginning January 1, 2004, the income of a telephone	26062
company.	26063

As used in division (H)(6) of this section, "combined	26064
company," "electric company," and "telephone company" have the	26065
same meanings as in section 5727.01 of the Revised Code.	26066

(7) On and after January 1, 2003, items excluded from federal	26067
gross income pursuant to section 107 of the Internal Revenue Code;	26068

(8) On and after January 1, 2001, compensation paid to a	26069
nonresident individual to the extent prohibited under section	26070
718.011 of the Revised Code;	26071

(9)(a) Except as provided in division (H)(9)(b) and (c) of	26072
this section, an S corporation shareholder's distributive share of	26073
net profits of the S corporation, other than any part of the	26074
distributive share of net profits that represents wages as defined	26075
in section 3121(a) of the Internal Revenue Code or net earnings	26076
from self-employment as defined in section 1402(a) of the Internal	26077
Revenue Code.	26078

(b) If, pursuant to division (H) of former section 718.01 of	26079
the Revised Code as it existed before March 11, 2004, a majority	26080
of the electors of a municipal corporation voted in favor of the	26081
question at an election held on November 4, 2003, the municipal	26082
corporation may continue after 2002 to tax an S corporation	26083
shareholder's distributive share of net profits of an S	26084
corporation.	26085

(c) If, on December 6, 2002, a municipal corporation was	26086
imposing, assessing, and collecting a tax on an S corporation	26087
shareholder's distributive share of net profits of the S	26088
corporation to the extent the distributive share would be	26089
allocated or apportioned to this state under divisions (B)(1) and	26090
(2) of section 5733.05 of the Revised Code if the S corporation	26091
were a corporation subject to taxes imposed under Chapter 5733. of	26092
the Revised Code, the municipal corporation may continue to impose	26093
the tax on such distributive shares to the extent such shares	26094
would be so allocated or apportioned to this state only until	26095
December 31, 2004, unless a majority of the electors of the	26096
municipal corporation voting on the question of continuing to tax	26097
such shares after that date vote in favor of that question at an	26098
election held November 2, 2004. If a majority of those electors	26099
vote in favor of the question, the municipal corporation may	26100
continue after December 31, 2004, to impose the tax on such	26101
distributive shares only to the extent such shares would be so	26102
allocated or apportioned to this state.	26103

(d) For the purposes of division (D) of section 718.14 of the	26104
Revised Code, a municipal corporation shall be deemed to have	26105
elected to tax S corporation shareholders' distributive shares of	26106
net profits of the S corporation in the hands of the shareholders	26107
if a majority of the electors of a municipal corporation vote in	26108
favor of a question at an election held under division (H)(9)(b)	26109
or (c) of this section. The municipal corporation shall specify by	26110
ordinance or rule that the tax applies to the distributive share	26111
of a shareholder of an S corporation in the hands of the	26112
shareholder of the S corporation.	26113

(10) Employee compensation that is not "qualifying wages" as	26114
defined in section 718.03 of the Revised Code;	26115

(11) Beginning August 1, 2007, compensation paid to a person	26116
employed within the boundaries of a United States air force base	26117
under the jurisdiction of the United States air force that is used	26118
for the housing of members of the United States air force and is a	26119
center for air force operations, unless the person is subject to	26120
taxation because of residence or domicile. If the compensation is	26121
subject to taxation because of residence or domicile, municipal	26122
income tax shall be payable only to the municipal corporation of	26123
residence or domicile.	26124

(I) Any municipal corporation that taxes any type of	26125
intangible income on March 29, 1988, pursuant to Section 3 of	26126
Amended Substitute Senate Bill No. 238 of the 116th general	26127
assembly, may continue to tax that type of income after 1988 if a	26128
majority of the electors of the municipal corporation voting on	26129
the question of whether to permit the taxation of that type of	26130
intangible income after 1988 vote in favor thereof at an election	26131
held on November 8, 1988.	26132

(J) Nothing in this section or section 718.02 of the Revised	26133
Code shall authorize the levy of any tax on income that a	26134
municipal corporation is not authorized to levy under existing	26135
laws or shall require a municipal corporation to allow a deduction	26136
from taxable income for losses incurred from a sole proprietorship	26137
or partnership.	26138

(K)(1) Nothing in this chapter prohibits a municipal	26139
corporation from allowing, by resolution or ordinance, a net	26140
operating loss carryforward.	26141

(2) Nothing in this chapter requires a municipal corporation	26142
to allow a net operating loss carryforward.	26143

(L)(1) A single member limited liability company that is a	26144
disregarded entity for federal tax purposes may elect to be a	26145
separate taxpayer from its single member in all Ohio municipal	26146
corporations in which it either filed as a separate taxpayer or	26147
did not file for its taxable year ending in 2003, if all of the	26148
following conditions are met:	26149

(a) The limited liability company's single member is also a	26150
limited liability company;	26151

(b) The limited liability company and its single member were	26152
formed and doing business in one or more Ohio municipal	26153
corporations for at least five years before January 1, 2004;	26154

(c) Not later than December 31, 2004, the limited liability	26155
company and its single member each make an election to be treated	26156
as a separate taxpayer under division (L) of this section;	26157

(d) The limited liability company was not formed for the	26158
purpose of evading or reducing Ohio municipal corporation income	26159
tax liability of the limited liability company or its single	26160
member;	26161

(e) The Ohio municipal corporation that is the primary place	26162
of business of the sole member of the limited liability company	26163
consents to the election.	26164

(2) For purposes of division (L)(1)(e) of this section, a	26165
municipal corporation is the primary place of business of a	26166
limited liability company if, for the limited liability company's	26167
taxable year ending in 2003, its income tax liability is greater	26168
in that municipal corporation than in any other municipal	26169
corporation in Ohio, and that tax liability to that municipal	26170
corporation for its taxable year ending in 2003 is at least four	26171
hundred thousand dollars.	26172

Sec. 718.09. (A) This section applies to either of the	26173
following:	26174

(1) A municipal corporation that shares the same territory as	26175
a city, local, or exempted village school district, to the extent	26176
that not more than five per cent of the territory of the municipal	26177
corporation is located outside the school district and not more	26178
than five per cent of the territory of the school district is	26179
located outside the municipal corporation;	26180

(2) A municipal corporation that shares the same territory as	26181
a city, local, or exempted village school district, to the extent	26182
that not more than five per cent of the territory of the municipal	26183
corporation is located outside the school district, more than five	26184
per cent but not more than ten per cent of the territory of the	26185
school district is located outside the municipal corporation, and	26186
that portion of the territory of the school district that is	26187
located outside the municipal corporation is located entirely	26188
within another municipal corporation having a population of four	26189
hundred thousand or more according to the federal decennial census	26190
most recently completed before the agreement is entered into under	26191
division (B) of this section.	26192

(B) The legislative authority of a municipal corporation to	26193
which this section applies may propose to the electors an income	26194
tax, one of the purposes of which shall be to provide financial	26195
assistance to the school district through payment to the district	26196
of not less than twenty-five per cent of the revenue generated by	26197
the tax, except that the legislative authority may not propose to	26198
levy the income tax on the incomes of nonresident individuals.	26199
Prior to proposing the tax, the legislative authority shall	26200
negotiate and enter into a written agreement with the board of	26201
education of the school district specifying the tax rate, the	26202
percentage of tax revenue to be paid to the school district, the	26203
purpose for which the school district will use the money, the	26204
first year the tax will be levied, the date of the special	26205
election on the question of the tax, and the method and schedule	26206
by which the municipal corporation will make payments to the	26207
school district. The special election shall be held on a day	26208
specified in division (D) of section 3501.01 of the Revised Code,	26209
except that the special election may not be held on the day for	26210
holding a primary election as authorized by the municipal	26211
corporation's charter unless the municipal corporation is to have	26212
a primary election on that day.	26213

After the legislative authority and board of education have	26214
entered into the agreement, the legislative authority shall	26215
provide for levying the tax by ordinance. The ordinance shall	26216
state the tax rate, the percentage of tax revenue to be paid to	26217
the school district, the purpose for which the municipal	26218
corporation will use its share of the tax revenue, the first year	26219
the tax will be levied, and that the question of the income tax	26220
will be submitted to the electors of the municipal corporation.	26221
The legislative authority also shall adopt a resolution specifying	26222
the regular or special election date the election will be held and	26223
directing the board of elections to conduct the election. At least	26224
ninety days before the date of the election, the legislative	26225
authority shall file certified copies of the ordinance and	26226
resolution with the board of elections.	26227

(C) The board of elections shall make the necessary	26228
arrangements for the submission of the question to the electors of	26229
the municipal corporation, and shall conduct the election in the	26230
same manner as any other municipal income tax election. Notice of	26231
the election shall be published in a newspaper of general	26232
circulation in the municipal corporation once a week for four	26233
consecutive weeks, or as provided in section 7.16 of the Revised	26234
Code, prior to the election, and shall include statements of the	26235
rate and municipal corporation and school district purposes of the	26236
income tax, the percentage of tax revenue that will be paid to the	26237
school district, and the first year the tax will be levied. The	26238
ballot shall be in the following form:	26239

"Shall the ordinance providing for a ..... per cent levy on	26240
income for (brief description of the municipal corporation and	26241
school district purposes of the levy, including a statement of the	26242
percentage of tax revenue that will be paid to the school	26243
district) be passed? The income tax, if approved, will not be	26244
levied on the incomes of individuals who do not reside in (the	26245
name of the municipal corporation).	26246

26247

		For the income tax			26248
		Against the income tax	"		26249

26250

(D) If the question is approved by a majority of the	26251
electors, the municipal corporation shall impose the income tax	26252
beginning in the year specified in the ordinance. The proceeds of	26253
the levy may be used only for the specified purposes, including	26254
payment of the specified percentage to the school district.	26255

Sec. 718.10. (A) This section applies to a group of two or	26256
more municipal corporations that, taken together, share the same	26257
territory as a single city, local, or exempted village school	26258
district, to the extent that not more than five per cent of the	26259
territory of the municipal corporations as a group is located	26260
outside the school district and not more than five per cent of the	26261
territory of the school district is located outside the municipal	26262
corporations as a group.	26263

(B) The legislative authorities of the municipal corporations	26264
in a group of municipal corporations to which this section applies	26265
each may propose to the electors an income tax, to be levied in	26266
concert with income taxes in the other municipal corporations of	26267
the group, except that a legislative authority may not propose to	26268
levy the income tax on the incomes of individuals who do not	26269
reside in the municipal corporation. One of the purposes of such a	26270
tax shall be to provide financial assistance to the school	26271
district through payment to the district of not less than	26272
twenty-five per cent of the revenue generated by the tax. Prior to	26273
proposing the taxes, the legislative authorities shall negotiate	26274
and enter into a written agreement with each other and with the	26275
board of education of the school district specifying the tax rate,	26276
the percentage of the tax revenue to be paid to the school	26277
district, the first year the tax will be levied, and the date of	26278
the election on the question of the tax, all of which shall be the	26279
same for each municipal corporation. The agreement also shall	26280
state the purpose for which the school district will use the	26281
money, and specify the method and schedule by which each municipal	26282
corporation will make payments to the school district. The special	26283
election shall be held on a day specified in division (D) of	26284
section 3501.01 of the Revised Code, including a day on which all	26285
of the municipal corporations are to have a primary election.	26286

After the legislative authorities and board of education have	26287
entered into the agreement, each legislative authority shall	26288
provide for levying its tax by ordinance. Each ordinance shall	26289
state the rate of the tax, the percentage of tax revenue to be	26290
paid to the school district, the purpose for which the municipal	26291
corporation will use its share of the tax revenue, and the first	26292
year the tax will be levied. Each ordinance also shall state that	26293
the question of the income tax will be submitted to the electors	26294
of the municipal corporation on the same date as the submission of	26295
questions of an identical tax to the electors of each of the other	26296
municipal corporations in the group, and that unless the electors	26297
of all of the municipal corporations in the group approve the tax	26298
in their respective municipal corporations, none of the municipal	26299
corporations in the group shall levy the tax. Each legislative	26300
authority also shall adopt a resolution specifying the regular or	26301
special election date the election will be held and directing the	26302
board of elections to conduct the election. At least ninety days	26303
before the date of the election, each legislative authority shall	26304
file certified copies of the ordinance and resolution with the	26305
board of elections.	26306

(C) For each of the municipal corporations, the board of	26307
elections shall make the necessary arrangements for the submission	26308
of the question to the electors, and shall conduct the election in	26309
the same manner as any other municipal income tax election. For	26310
each of the municipal corporations, notice of the election shall	26311
be published in a newspaper of general circulation in the	26312
municipal corporation once a week for four consecutive weeks, or	26313
as provided in section 7.16 of the Revised Code, prior to the	26314
election. The notice shall include a statement of the rate and	26315
municipal corporation and school district purposes of the income	26316
tax, the percentage of tax revenue that will be paid to the school	26317
district, and the first year the tax will be levied, and an	26318
explanation that the tax will not be levied unless an identical	26319
tax is approved by the electors of each of the other municipal	26320
corporations in the group. The ballot shall be in the following	26321
form:	26322

"Shall the ordinance providing for a ... per cent levy on	26323
income for (brief description of the municipal corporation and	26324
school district purposes of the levy, including a statement of the	26325
percentage of income tax revenue that will be paid to the school	26326
district) be passed? The income tax, if approved, will not be	26327
levied on the incomes of individuals who do not reside in (the	26328
name of the municipal corporation). In order for the income tax to	26329
be levied, the voters of (the other municipal corporations in the	26330
group), which are also in the (name of the school district) school	26331
district, must approve an identical income tax and agree to pay	26332
the same percentage of the tax revenue to the school district.	26333

26334

		For the income tax			26335
		Against the income tax	"		26336

26337

(D) If the question is approved by a majority of the electors	26338
and identical taxes are approved by a majority of the electors in	26339
each of the other municipal corporations in the group, the	26340
municipal corporation shall impose the tax beginning in the year	26341
specified in the ordinance. The proceeds of the levy may be used	26342
only for the specified purposes, including payment of the	26343
specified percentage to the school district.	26344

Sec. 719.012. In order to rehabilitate a building or	26345
structure that a municipal corporation determines to be a blighted	26346
property as defined in section 1.08 of the Revised Code, a	26347
municipal corporation may appropriate, in the manner provided in	26348
sections 163.01 to 163.22 of the Revised Code, any such building	26349
or structure and the real property of which it is a part. The	26350
municipal corporation shall rehabilitate the building or structure	26351
or cause it to be rehabilitated within two years after the	26352
appropriation, so that the building or structure is no longer a	26353
public nuisance, insecure, unsafe, structurally defective,	26354
unhealthful, or unsanitary, or a threat to the public health,	26355
safety, or welfare, or in violation of a building code or	26356
ordinance adopted under section 731.231 of the Revised Code. Any	26357
building or structure appropriated pursuant to this section which	26358
is not rehabilitated within two years shall be demolished.	26359

If during the rehabilitation process the municipal	26360
corporation retains title to the building or structure and the	26361
real property of which it is a part, then within one hundred	26362
eighty days after the rehabilitation is complete, the municipal	26363
corporation shall appraise the rehabilitated building or structure	26364
and the real property of which it is a part, and shall sell the	26365
building or structure and property at public auction. The	26366
municipal corporation shall advertise the public auction in a	26367
newspaper of general circulation in the municipal corporation once	26368
a week for three consecutive weeks, or as provided in section 7.16	26369
of the Revised Code, prior to the date of sale. The municipal	26370
corporation shall sell the building or structure and real property	26371
to the highest and best bidder. No property that a municipal	26372
corporation acquires pursuant to this section shall be leased.	26373

Sec. 719.05. The mayor of a municipal corporation shall,	26374
immediately upon the passage of a resolution under section 719.04	26375
of the Revised Code, declaring an intent to appropriate property,	26376
for which but one reading is necessary, cause written notice to be	26377
given to the owner of, person in possession of, or person having	26378
an interest of record in, every piece of property sought to be	26379
appropriated, or to ~~his~~the authorized agent of the owner or other	26380
such person. Such notice shall be served by a person designated	26381
for the purpose and return made in the manner provided for the	26382
service and return of summons in civil actions. If such owner,	26383
person, or agent cannot be found, notice shall be given by	26384
publication once a week for three consecutive weeks in a newspaper	26385
of general circulation in the municipal corporation or as provided	26386
in section 7.16 of the Revised Code, and the legislative authority	26387
may thereupon pass an ordinance by a two-thirds vote of all	26388
members elected thereto, directing such appropriation to proceed.	26389

Sec. 721.03. No contract, except as provided in section	26390
721.28 of the Revised Code, for the sale or lease of real estate	26391
belonging to a municipal corporation shall be made unless	26392
authorized by an ordinance, approved by a two-thirds vote of the	26393
members of the legislative authority of such municipal	26394
corporation, and by the board or officer having supervision or	26395
management of such real estate. When the contract is so	26396
authorized, it shall be made in writing by such board or officer,	26397
and, except as provided in section 721.27 of the Revised Code,	26398
only with the highest bidder, after advertisement once a week for	26399
five consecutive weeks in a newspaper of general circulation	26400
within the municipal corporation or as provided in section 7.16 of	26401
the Revised Code. Such board or officer may reject any bids and	26402
readvertise until all such real estate is sold or leased.	26403

Sec. 721.15. (A) Personal property not needed for municipal	26404
purposes, the estimated value of which is less than one thousand	26405
dollars, may be sold by the board or officer having supervision or	26406
management of that property. If the estimated value of that	26407
property is one thousand dollars or more, it shall be sold only	26408
when authorized by an ordinance of the legislative authority of	26409
the municipal corporation and approved by the board, officer, or	26410
director having supervision or management of that property. When	26411
so authorized, the board, officer, or director shall make a	26412
written contract with the highest and best bidder after	26413
advertisement for not less than two ornor more than four	26414
consecutive weeks in a newspaper of general circulation within the	26415
municipal corporation or as provided in section 7.16 of the	26416
Revised Code, or with a board of county commissioners upon such	26417
lawful terms as are agreed upon, as provided by division (B)(1) of	26418
section 721.27 of the Revised Code.	26419

(B) When the legislative authority finds, by resolution, that	26420
the municipal corporation has vehicles, equipment, or machinery	26421
which is obsolete, or is not needed or is unfit for public use,	26422
that the municipal corporation has need of other vehicles,	26423
equipment, or machinery of the same type, and that it will be in	26424
the best interest of the municipal corporation that the sale of	26425
obsolete, unneeded, or unfit vehicles, equipment, or machinery be	26426
made simultaneously with the purchase of the new vehicles,	26427
equipment, or machinery of the same type, the legislative	26428
authority may offer to sell, or authorize a board, officer, or	26429
director of the municipal corporation having supervision or	26430
management of the property to offer to sell, those vehicles,	26431
equipment, or machinery and to have the selling price credited	26432
against the purchase price of other vehicles, equipment, or	26433
machinery and to consummate the sale and purchase by a single	26434
contract with the lowest and best bidder to be determined by	26435
subtracting from the selling price of the vehicles, equipment, or	26436
machinery to be purchased by the municipal corporation the	26437
purchase price offered for the municipally-owned vehicles,	26438
equipment, or machinery. When the legislative authority or the	26439
authorized board, officer, or director of a municipal corporation	26440
advertises for bids for the sale of new vehicles, equipment, or	26441
machinery to the municipal corporation, they may include in the	26442
same advertisement a notice of willingness to accept bids for the	26443
purchase of municipally-owned vehicles, equipment, or machinery	26444
which is obsolete, or is not needed or is unfit for public use,	26445
and to have the amount of those bids subtracted from the selling	26446
price as a means of determining the lowest and best bidder.	26447

(C) If the legislative authority of the municipal corporation	26448
determines that municipal personal property is not needed for	26449
public use, or is obsolete or unfit for the use for which it was	26450
acquired, and that the property has no value, the legislative	26451
authority may discard or salvage that property.	26452

(D) Notwithstanding anything to the contrary in division (A)	26453
or (B) of this section and regardless of the property's value, the	26454
legislative authority of a municipal corporation may sell personal	26455
property, including motor vehicles acquired for the use of	26456
municipal officers and departments, and road machinery, equipment,	26457
tools, or supplies, which is not needed for public use, or is	26458
obsolete or unfit for the use for which it was acquired, by	26459
internet auction. The legislative authority shall adopt, during	26460
each calendar year, a resolution expressing its intent to sell	26461
that property by internet auction. The resolution shall include a	26462
description of how the auctions will be conducted and shall	26463
specify the number of days for bidding on the property, which	26464
shall be no less than ten days, including Saturdays, Sundays, and	26465
legal holidays. The resolution shall indicate whether the	26466
municipal corporation will conduct the auction or the legislative	26467
authority will contract with a representative to conduct the	26468
auction and shall establish the general terms and conditions of	26469
sale. If a representative is known when the resolution is adopted,	26470
the resolution shall provide contact information such as the	26471
representative's name, address, and telephone number.	26472

After adoption of the resolution, the legislative authority	26473
shall publish, in a newspaper of general circulation in the	26474
municipal corporation or as provided in section 7.16 of the	26475
Revised Code, notice of its intent to sell unneeded, obsolete, or	26476
unfit municipal personal property by internet auction. The notice	26477
shall include a summary of the information provided in the	26478
resolution and shall be published ~~at least~~ twice. The second ~~and~~	26479
~~any subsequent~~ notice shall be published not less than ten nor	26480
more than twenty days after the previous notice. A similar notice	26481
also shall be posted continually throughout the calendar year in a	26482
conspicuous place in the offices of the village clerk or city	26483
auditor, and the legislative authority~~, and, if~~. If the municipal	26484
corporation maintains a ~~website~~web site on the internet, the	26485
notice shall be posted continually throughout the calendar year at	26486
that ~~website~~web site.	26487

When the property is to be sold by internet auction, the	26488
legislative authority or its representative may establish a	26489
minimum price that will be accepted for specific items and may	26490
establish any other terms and conditions for the particular sale,	26491
including requirements for pick-up or delivery, method of payment,	26492
and sales tax. This type of information shall be provided on the	26493
internet at the time of the auction and may be provided before	26494
that time upon request after the terms and conditions have been	26495
determined by the legislative authority or its representative.	26496

Sec. 721.20. Notice of the filing, pendency, and prayer of	26497
the petition provided for by section 721.19 of the Revised Code	26498
shall be published for four consecutive weeks or as provided in	26499
section 7.16 of the Revised Code, prior to the day of hearing, in	26500
a newspaper ~~published in the municipal corporation, or if there is~~	26501
~~none, then in a newspaper published in the county, and~~ of general	26502
circulation in such municipal corporation.	26503

Sec. 723.07. No street or alley shall be vacated or narrowed	26504
unless notice of the pendency and prayer of the petition under	26505
section 723.04 of the Revised Code is given by publishing, in a	26506
newspaper ~~published or~~ of general circulation in such municipal	26507
corporation, for six consecutive weeks preceding action on such	26508
petition, or~~, where~~as provided in section 7.16 of the Revised	26509
Code preceding action on the petition. Where no newspaper is	26510
~~published~~of general circulation in the municipal corporation,	26511
notice shall be given by posting the notice in three public places	26512
therein six weeks preceding such action. Action thereon shall take	26513
place within three months after the completion of the notice.	26514

Sec. 727.011. For the purpose of controlling the blight and	26515
disease of shade trees within public rights-of-way, and for	26516
planting, maintaining, trimming, and removing shade trees in and	26517
along the streets of a municipality, the legislative authority of	26518
such municipal corporation may establish one or more districts in	26519
the municipality designating the boundaries thereof, and may each	26520
year thereafter, by ordinance, designate the district in which	26521
such control, planting, care, and maintenance shall be effected,	26522
setting forth an estimate of the cost and providing for the levy	26523
of a special assessment upon all the real property in the	26524
district, in the amount and in the manner provided in section	26525
727.01 of the Revised Code, for planting, maintaining, trimming,	26526
and removing shade trees. The ordinance shall be adopted ~~and~~	26527
~~published~~ as other ordinances and a succinct summary of the	26528
ordinance shall be published in the manner provided in section	26529
731.21 of the Revised Code. Bonds and anticipatory notes may be	26530
issued in anticipation of the collection of such special	26531
assessments, under section 133.17 of the Revised Code.	26532

Sec. 727.012. For the purpose of constructing, maintaining,	26533
repairing, cleaning, and enclosing ditches, the legislative	26534
authority of such municipal corporation may establish one or more	26535
districts in the municipality designating the boundaries thereof,	26536
and may each year thereafter, by ordinance, designate the district	26537
in which such constructing, maintaining, repairing, cleaning, and	26538
enclosing of ditches shall be effected, setting forth an estimate	26539
of the cost and providing for the levying of a special assessment	26540
upon all the real property in the district, in the amount and in	26541
the manner provided in section 727.01 of the Revised Code, for	26542
constructing, maintaining, repairing, cleaning, and enclosing	26543
ditches. The ordinance shall be adopted ~~and published~~ as other	26544
ordinances and a succinct summary of the ordinance shall be	26545
published in the manner provided in section 731.21 of the Revised	26546
Code. Bonds and anticipatory notes may be issued in anticipation	26547
of the collection of such special assessments, under section	26548
133.17 of the Revised Code.	26549

Sec. 727.08. The cost of any public improvement to be paid	26550
for directly or indirectly, in whole or in part, by funds derived	26551
from special assessments may include but not be limited to:	26552

(A) The purchase price of real estate or any interest therein	26553
when acquired by purchase, or not more than fifty per cent of the	26554
cost of acquiring such real estate or any interest therein when	26555
acquired by appropriation;	26556

(B) The cost of preliminary and other surveys;

26557

(C) The cost of preparing plans, specifications, profiles,	26558
and estimates except, to the extent that costs of plans,	26559
specifications, and estimates of cost have been paid for by the	26560
levy of assessments under section 729.11 of the Revised Code, such	26561
costs shall not be included in determining the cost of the	26562
improvement under this section;	26563

(D) The cost of printing, serving, and publishing notices,	26564
and summaries of resolutions, and ordinances;	26565

(E) The cost of all special proceedings;

26566

(F) The cost of labor and material, whether furnished by	26567
contract or otherwise;	26568

(G) Interest on securities issued in anticipation of the levy	26569
and collection of the special assessments or, if securities in	26570
anticipation of the levy of the special assessments are not	26571
issued, interest, at a rate to be determined by the legislative	26572
authority in the resolution of necessity adopted pursuant to	26573
section 727.12 of the Revised Code, on moneys advanced by the	26574
municipal corporation for the cost of the public improvement in	26575
anticipation of the levy of the special assessments;	26576

(H) The total amount of damages, resulting from the	26577
improvement, assessed in favor of any owner of lands affected by	26578
the improvement, and interest thereon;	26579

(I) The cost incurred in connection with the preparation,	26580
levy, and collection of the special assessments, including legal	26581
expenses incurred by reason of the improvement;	26582

(J) Incidental costs directly connected with the improvement.

26583

Sec. 727.14. In lieu of the procedure provided in section	26584
727.13 of the Revised Code, the legislative authority may provide	26585
for notice of the passage of a resolution of necessity providing	26586
for the lighting, sprinkling, sweeping, or cleaning of any street,	26587
alley, public road, or place, or parts thereof or for treating the	26588
surface of the same with dust-laying or preservative substances,	26589
or for the planting, maintaining, and removing of shade trees, or	26590
for the constructing, maintaining, repairing, cleaning, and	26591
enclosing of ditches, and the filing of the estimated assessment	26592
under section 727.12 of the Revised Code, to be given by	26593
publication of such notice once a week for two consecutive weeks	26594
in a newspaper of general circulation in the municipal corporation	26595
or as provided in section 7.16 of the Revised Code. When it	26596
appears from the estimated assessment filed as provided by section	26597
727.12 of the Revised Code, that the assessment against the owner	26598
of any lot or parcel of land will exceed two hundred fifty	26599
dollars, such owner shall be notified of the assessment in the	26600
manner provided in section 727.13 of the Revised Code.	26601

Sec. 727.46. When a general plan has been prepared under	26602
section 727.44 of the Revised Code and reported to the legislative	26603
authority, it shall be filed with the clerk of the legislative	26604
authority and the legislative authority shall cause its clerk to	26605
publish, once a week for two consecutive weeks in a newspaper of	26606
general circulation in the municipal corporation or as provided in	26607
section 7.16 of the Revised Code, a notice stating that such	26608
general plan has been prepared and is on file in the office of the	26609
clerk of the legislative authority for examination by interested	26610
persons and that written objections to such plan may be filed in	26611
the office of such clerk before the date specified in the notice,	26612
which shall not be earlier than the seventeenth day following the	26613
date of the first publication in said newspaper. Any person having	26614
an objection to the general plan shall file such objection in	26615
writing, with the clerk of the legislative authority within the	26616
time specified.	26617

Sec. 729.08. The legislative authority of the municipal	26618
corporation shall cause a notice to be published for three	26619
consecutive weeks in a newspaper of general circulation in the	26620
municipal corporation or as provided in section 7.16 of the	26621
Revised Code, stating that such list of estimated assessments has	26622
been made and is on file in the office of the clerk of the	26623
legislative authority for the inspection and examination of	26624
persons interested therein.	26625

If any person objects to an assessment on such list, hethe	26626
person shall file ~~his~~the objection in writing with the clerk of	26627
the legislative authority within two weeks after the expiration of	26628
the notice provided in this section.	26629

Sec. 729.11. In addition to the power conferred upon	26630
municipal corporations under section 727.01 of the Revised Code to	26631
levy and collect special assessments, the legislative authority of	26632
a municipal corporation may, whenever it has determined by	26633
ordinance that it is necessary to construct, enlarge, or improve a	26634
system of storm or sanitary sewerage for the municipal corporation	26635
or any part thereof, including sewage disposal works, treatment	26636
plants, and sewage pumping stations, or a water supply system for	26637
the municipal corporation or any part thereof including mains,	26638
dams, reservoirs, wells, intakes, purification works, and pumping	26639
stations, and that any such improvement shall be constructed,	26640
enlarged, or improved, may levy upon property to be benefited in	26641
the municipal corporation or any designated part thereof, which	26642
property shall be described in the ordinance, a preliminary	26643
assessment upon the benefited lots and lands within the	26644
corporation or such part thereof, apportioned according to	26645
benefits or to the tax valuation or partly by one method and	26646
partly by the other, as the legislative authority determines for	26647
the purpose of paying the costs of general and detailed plans,	26648
specifications, estimates, preparation of the tentative	26649
assessment, financing, and legal services incident to the	26650
preparation of such plans, and a plan for financing the proposed	26651
improvements.	26652

Prior to the adoption of such ordinance, the legislative	26653
authority of such municipal corporation shall give notice of the	26654
pendency thereof and of the proposed determination of the	26655
necessity of the improvement therein generally described, which	26656
notice shall set forth the description of the benefited property	26657
as designated in the ordinance and the time and place of hearing	26658
of objections to and endorsements of the improvement. Such notice	26659
shall be given by publication in a newspaper of general	26660
circulation in the municipal corporation once a week for two	26661
consecutive weeks or as provided in section 7.16 of the Revised	26662
Code, the first publication to be at least two weeks prior to the	26663
date set for the hearing. At such hearing, or at any adjournment	26664
thereof, of which no further published notice need be given, the	26665
legislative authority shall hear all persons whose properties are	26666
proposed to be assessed, and such evidence as is deemed to be	26667
necessary, and shall then determine the necessity of the proposed	26668
improvement and in addition shall determine whether the	26669
improvement shall be made by the municipal corporation, and shall	26670
direct the preparation of tentative assessments upon the benefited	26671
properties and by whom they shall be prepared.	26672

Such assessments shall be in the amount determined to be	26673
necessary by the legislative authority to pay the costs of general	26674
and detailed plans, specifications, estimates of cost, preparation	26675
of the tentative assessment, financing and legal services incident	26676
to the preparation of such plans, and a plan of financing the	26677
proposed improvements, and shall be payable in such number of	26678
years as the legislative authority determines, not to exceed	26679
twenty, together with interest on any notes which may be issued in	26680
anticipation of the collection of such assessments.	26681

The legislative authority may at any time levy additional	26682
assessments according to benefits or to tax valuation or partly by	26683
one method and partly by the other as the legislative authority	26684
determines for such purposes upon such properties to complete the	26685
payment of such costs or to pay the cost of any additional plans,	26686
specifications, estimates of cost, tentative assessments, and the	26687
cost of financing and legal services incident to the preparation	26688
of such plans and such plan of financing, which additional	26689
assessments shall be payable in such number of years as the	26690
legislative authority determines, not to exceed twenty years,	26691
together with interest on any notes and bonds which may be issued	26692
in anticipation of the collection thereof.	26693

Upon completion of the tentative assessments or any	26694
additional assessments, they shall be filed with the clerk of the	26695
legislative authority and shall be and remain open to public	26696
inspection, and thereupon, the legislative authority shall give at	26697
least ten days' notice of the filing thereof in one newspaper of	26698
general circulation in the municipal corporation, or shall give	26699
notice as provided in section 7.16 of the Revised Code, which	26700
notice shall state the time and place when and where such	26701
tentative assessments shall be taken up for consideration. At such	26702
time and place or at any adjournment thereof, of which no further	26703
published notice need be given, the legislative authority shall	26704
hear all persons whose properties are proposed to be assessed,	26705
shall correct any errors and make any revisions that appear to be	26706
necessary or just, and may then pass an ordinance levying upon the	26707
properties determined to be benefited such assessments as so	26708
corrected and revised.	26709

The assessments levied by such ordinance shall be certified	26710
to the county auditor for collection as other taxes in the year or	26711
years in which they are payable; provided any such assessment in	26712
the amount of five dollars or less, or any unpaid balance of any	26713
such assessment which is five dollars or less, shall be paid in	26714
full, and not in installments, at the time the first or next	26715
installment would otherwise become due and payable.	26716

Upon the adoption of such ordinance levying assessments the	26717
legislative authority may authorize contracts to carry out the	26718
purposes for which such assessments have been levied without the	26719
prior issuance of notes and bonds; provided that the payments due	26720
by the municipal corporation do not fall due prior to the times in	26721
which such assessments shall be collected. The municipal	26722
corporation may also issue and sell its bonds with a maximum	26723
maturity of twenty years in anticipation of the collection of such	26724
assessments and may issue its notes in anticipation of the	26725
issuance of such bonds, which notes and bonds shall be issued and	26726
sold as provided in Chapter 133. of the Revised Code.	26727

Sec. 731.14. All contracts made by the legislative authority	26728
of a village shall be executed in the name of the village and	26729
signed on its behalf by the mayor and clerk. Except where the	26730
contract is for equipment, services, materials, or supplies to be	26731
purchased under division (D) of section 713.23 or section 125.04	26732
or 5513.01 of the Revised Code, available from a qualified	26733
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	26734
Revised Code, or required to be purchased from a qualified	26735
nonprofit agency under sections 125.60 to 125.6012 of the Revised	26736
Code, when any expenditure, other than the compensation of persons	26737
employed in the village, exceeds ~~twenty-five~~fifty thousand	26738
dollars, such contracts shall be in writing and made with the	26739
lowest and best bidder after advertising once a week for not less	26740
than two consecutive weeks in a newspaper of general circulation	26741
within the village. The legislative authority may also cause	26742
notice to be inserted in trade papers or other publications	26743
designated by it or to be distributed by electronic means,	26744
including posting the notice on the legislative authority's	26745
internet web site. If the legislative authority posts the notice	26746
on its web site, it may eliminate the second notice otherwise	26747
required to be published in a newspaper of general circulation	26748
within the village, provided that the first notice published in	26749
such newspaper meets all of the following requirements:	26750

(A) It is published at least two weeks before the opening of	26751
bids.	26752

(B) It includes a statement that the notice is posted on the	26753
legislative authority's internet web site.	26754

(C) It includes the internet address of the legislative	26755
authority's internet web site.	26756

(D) It includes instructions describing how the notice may be	26757
accessed on the legislative authority's internet web site.	26758

The bids shall be opened and shall be publicly read by the	26759
clerk of the village or a person designated by the clerk at the	26760
time, date, and place specified in the advertisement to bidders or	26761
specifications. The time, date, and place of bid openings may be	26762
extended to a later date by the legislative authority of the	26763
village, provided that written or oral notice of the change shall	26764
be given to all persons who have received or requested	26765
specifications no later than ninety-six hours prior to the	26766
original time and date fixed for the opening. This section does	26767
not apply to those villages that have provided for the appointment	26768
of a village administrator under section 735.271 of the Revised	26769
Code.	26770

Sec. 731.141. In those villages that have established the	26771
position of village administrator, as provided by section 735.271	26772
of the Revised Code, the village administrator shall make	26773
contracts, purchase supplies and materials, and provide labor for	26774
any work under the administrator's supervision involving not more	26775
than twenty-five thousand dollars. When an expenditure, other than	26776
the compensation of persons employed by the village, exceeds	26777
twenty-five thousand dollars, the expenditure shall first be	26778
authorized and directed by ordinance of the legislative authority	26779
of the village. When so authorized and directed, except where the	26780
contract is for equipment, services, materials, or supplies to be	26781
purchased under division (D) of section 713.23 or section 125.04	26782
or 5513.01 of the Revised Code, available from a qualified	26783
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	26784
Revised Code, or required to be purchased from a qualified	26785
nonprofit agency under sections 125.60 to 125.6012 of the Revised	26786
Code, the village administrator shall make a written contract with	26787
the lowest and best bidder after advertisement for not less than	26788
two nor more than four consecutive weeks in a newspaper of general	26789
circulation within the village or as provided in section 7.16 of	26790
the Revised Code. The bids shall be opened and shall be publicly	26791
read by the village administrator or a person designated by the	26792
village administrator at the time, date, and place as specified in	26793
the advertisement to bidders or specifications. The time, date,	26794
and place of bid openings may be extended to a later date by the	26795
village administrator, provided that written or oral notice of the	26796
change shall be given to all persons who have received or	26797
requested specifications no later than ninety-six hours prior to	26798
the original time and date fixed for the opening. All contracts	26799
shall be executed in the name of the village and signed on its	26800
behalf by the village administrator and the clerk.	26801

The legislative authority of a village may provide, by	26802
ordinance, for central purchasing for all offices, departments,	26803
divisions, boards, and commissions of the village, under the	26804
direction of the village administrator, who shall make contracts,	26805
purchase supplies or materials, and provide labor for any work of	26806
the village in the manner provided by this section.	26807

Sec. 731.20. Ordinances, resolutions, and bylaws shall be	26808
authenticated by the signature of the presiding officer and clerk	26809
of the legislative authority of the municipal corporation.	26810
~~Ordinances~~A succinct summary of ordinances of a general nature or	26811
providing for improvements shall be published as provided by	26812
sections 731.21 and 731.22 of the Revised Code before going into	26813
operation. No ordinance shall take effect until the expiration of	26814
ten days after the first publication of such notice. As soon as a	26815
bylaw, resolution, or ordinance is passed and signed, it shall be	26816
recorded by the clerk in a book furnished by the legislative	26817
authority for that purpose.	26818

Sec. 731.21. (A) ~~Notwithstanding any conflicting provision~~	26819
~~of section 7.12 of the Revised Code,~~A succinct summary of each	26820
municipal ordinance or resolution~~, or a succinct summary of each~~	26821
~~municipal ordinance and resolution,~~ and all statements, orders,	26822
proclamations, notices, and reports required by law or ordinance	26823
to be published shall be published ~~as follows:~~	26824

~~(1) In two English language newspapers of opposite politics,~~	26825
~~published and~~in a newspaper of general circulation in the	26826
municipal corporation~~, if there are any such newspapers;~~	26827

~~(2) If two English language newspapers of opposite politics~~	26828
~~are not published and of general circulation in the municipal~~	26829
~~corporation, then in one such political newspaper and one other~~	26830
~~English language newspaper published and of general circulation~~	26831
~~therein;~~	26832

~~(3) If only one english language newspaper is published and~~	26833
~~of general circulation in the municipal corporation, then in that~~	26834
~~newspaper;~~	26835

~~(4) If no english language newspaper is published and of~~	26836
~~general circulation in the municipal corporation, then in any~~	26837
~~English language newspaper of general circulation therein or by~~	26838
~~posting as provided in section 731.25 of the Revised Code, at the~~	26839
~~option of the legislative authority of such municipal corporation~~.	26840
Proof of the publication and required circulation of any newspaper	26841
used as a medium of publication as provided by this section shall	26842
be made by affidavit of the proprietor of ~~either of such~~	26843
~~newspapers~~the newspaper, and shall be filed with the clerk of the	26844
legislative authority.	26845

(B) ~~If a summary of an ordinance or resolution is published~~	26846
~~under division (A) of this section, the~~The publication shall	26847
contain notice that the complete text of each such ordinance or	26848
resolution may be obtained or viewed at the office of the clerk of	26849
the legislative authority of the municipal corporation and may be	26850
viewed at any other location designated by the legislative	26851
authority of the municipal corporation. The city director of law,	26852
village solicitor, or other chief legal officer of the municipal	26853
corporation shall review ~~any~~the summary of an ordinance or	26854
resolution published under this section prior to forwarding it to	26855
the clerk for publication, to ensure that the summary is legally	26856
accurate and sufficient.	26857

(C) Upon publication of a summary of an ordinance or	26858
resolution in accordance with this section, the clerk of the	26859
legislative authority shall supply a copy of the complete text of	26860
each such ordinance or resolution to any person, upon request, and	26861
may charge a reasonable fee, set by the legislative authority, for	26862
each copy supplied. The clerk shall post a copy of the text at ~~his~~	26863
the clerk's office and at every other location designated by the	26864
legislative authority.	26865

Sec. 731.211. In accordance with Section 9 of Article XVIII,	26866
Ohio Constitution, notice of proposed amendments to municipal	26867
charters shall be given in one of the following ways:	26868

(A) Not less than thirty days prior to the election at which	26869
the amendment is to be submitted to the electors, the clerk of the	26870
municipality shall mail a copy of the proposed charter amendment	26871
to each elector whose name appears upon the poll or registration	26872
books of the last regular or general election held therein.	26873

(B) The full text of the proposed charter amendment shall be	26874
published once a week for not less than two consecutive weeks in a	26875
newspaper ~~published~~of general circulation in the municipal	26876
corporation or as provided in section 7.16 of the Revised Code,	26877
with the first publication being at least fifteen days prior to	26878
the election at which the amendment is to be submitted to the	26879
electors. ~~If no newspaper is published in the municipal~~	26880
~~corporation, then such publication shall be made in a newspaper of~~	26881
~~general circulation within the municipal corporation.~~	26882

Sec. 731.22. The publication required in section 731.21 of	26883
the Revised Code shall be for the following times:	26884

(A) ~~Ordinances and resolutions, or summaries~~Summaries of	26885
ordinances or resolutions, and proclamations of elections, once a	26886
week for two consecutive weeks or as provided in section 7.16 of	26887
the Revised Code;	26888

(B) Notices, not less than two nor more than four consecutive	26889
weeks or as provided in section 7.16 of the Revised Code;	26890

26891

Sec. 731.23. When ordinances are revised, codified,	26892
rearranged, published in book form, and certified as correct by	26893
the clerk of the legislative authority of a municipal corporation	26894
and the mayor, such publication shall be a sufficient publication,	26895
and the ordinances so published, under appropriate titles,	26896
chapters, and sections, shall be held the same in law as though	26897
they had been published in a newspaper. A new ordinance so	26898
published in book form, a summary of which has not been published	26899
as required by sections 731.21 and 731.22 of the Revised Code, and	26900
which contains entirely new matter, shall be published as required	26901
by such sections. If such revision or codification is made by a	26902
municipal corporation and contains new matter, it shall be a	26903
sufficient publication of such codification, including the new	26904
matter, to publish, in the manner required by such sections, a	26905
notice of the enactment of such codifying ordinance, containing	26906
the title of the ordinance and a summary of the new matters	26907
covered by it. Such revision and codification may be made under	26908
appropriate titles, chapters, and sections and in one ordinance	26909
containing one or more subjects.	26910

Except as provided by this section, a succinct summary of all	26911
ordinances, including emergency ordinances, shall be published in	26912
accordance with section 731.21 of the Revised Code.	26913

Sec. 731.24. Immediately after the expiration of the period	26914
of publication ~~for ordinances or~~of summaries of ordinances	26915
required by section 731.22 of the Revised Code, the clerk of the	26916
legislative authority of a municipal corporation shall enter on	26917
the record of ordinances, in a blank to be left for such purpose	26918
under the recorded ordinance, a certificate stating in which	26919
newspaper and on what dates such publication was made, and shall	26920
sign ~~his~~the clerk's name thereto officially. Such certificate	26921
shall be prima-facie evidence that legal publication of the	26922
~~ordinance or~~ summary of the ordinance was made.	26923

Sec. 731.25. ~~Notwithstanding any conflicting provision of~~	26924
~~section 7.12 of the Revised Code, in~~In municipal corporations in	26925
which no newspaper is ~~published~~generally circulated, publication	26926
of ~~ordinances and resolutions, or~~ summaries of ordinances and	26927
resolutions, and publication of all statements, orders,	26928
proclamations, notices, and reports, required by law or ordinance	26929
to be published, shall be accomplished ~~in either of the following~~	26930
~~methods, as determined by the legislative authority:~~	26931

~~(A) By~~by posting copies in not less than five of the most	26932
public places in the municipal corporation, as determined by the	26933
legislative authority, for a period of not less than fifteen days	26934
prior to the effective date thereof;	26935

~~(B) By publication in any newspaper printed in this state and~~	26936
~~of general circulation in such municipal corporation~~.	26937

Notices to bidders for the construction of public	26938
improvements and notices of the sale of bonds shall be published	26939
in ~~not more than two newspapers, printed in this state and~~a	26940
newspaper of general circulation in such municipal corporation,	26941
for the time prescribed in section 731.22 of the Revised Code.	26942

Where such publication is by posting, the clerk shall make a	26943
certificate as to such posting, and as to the times when and the	26944
places where such posting is done, in the manner provided in	26945
section 731.24 of the Revised Code, and such certificate shall be	26946
prima-facie evidence that the copies were posted as required.	26947

Sec. 735.05. The director of public service may make any	26948
contract, purchase supplies or material, or provide labor for any	26949
work under the supervision of the department of public service	26950
involving not more than twenty-five thousand dollars. When an	26951
expenditure within the department, other than the compensation of	26952
persons employed in the department, exceeds twenty-five thousand	26953
dollars, the expenditure shall first be authorized and directed by	26954
ordinance of the city legislative authority. When so authorized	26955
and directed, except where the contract is for equipment,	26956
services, materials, or supplies to be purchased under division	26957
(D) of section 713.23 or section 125.04 or 5513.01 of the Revised	26958
Code or available from a qualified nonprofit agency pursuant to	26959
sections 4115.31 to 4115.35 of the Revised Code, the director	26960
shall make a written contract with the lowest and best bidder	26961
after advertisement for not less than two nor more than four	26962
consecutive weeks in a newspaper of general circulation within the	26963
city or as provided in section 7.16 of the Revised Code.	26964

Sec. 735.20. When a whole plan, or any portion thereof, as	26965
provided in section 735.19 of the Revised Code is completed, or	26966
when the location of any avenue, street, roadway, or alley has	26967
been finally determined by the platting commissioner of a city, a	26968
plat of the plan, avenue, street, roadway, or alley shall be	26969
placed in the office of the city engineer for the inspection of	26970
persons interested, and notice that it is ready for inspection	26971
shall be published in ~~one or more newspapers,~~a newspaper of	26972
general circulation within the city, for six consecutive weeks, or	26973
as provided in section 7.16 of the Revised Code.	26974

Sec. 737.022. ~~When authorized by ordinance of the~~	26975
~~legislative authority of a city, and in~~(A) As used in this	26976
section:	26977

(1) "Occupy or use," with respect to a public way, means to	26978
create parking spaces and install, repair, maintain, replace, and	26979
operate parking meters or other similar devices for the purpose of	26980
providing on-street parking.	26981

(2) "Public agency" includes any county, municipal	26982
corporation, port authority, regional transit authority, airport	26983
authority, or transportation improvement district created pursuant	26984
to the laws of this state.	26985

(3) "Public parking franchise" means a property right and	26986
privilege to occupy and use one or more public ways for the	26987
operation of an on-street parking system in all or in one or more	26988
portions of the area within the corporate limits of a municipal	26989
corporation or to construct, install, repair, maintain, and	26990
operate parking meters or other devices or facilities on public	26991
property owned or controlled by the municipal corporation.	26992

(4) "Public way" means the surface of, and the space within,	26993
through, on, across, above, or below, any public street, road,	26994
highway, lane, path, alley, court, sidewalk, boulevard, parkway,	26995
or drive owned or controlled by a municipal corporation.	26996

(B) In order to expedite the flow and direction of traffic,	26997
to eliminate congestion on ~~streets, alleys, and highways~~public	26998
ways, and to provide for the safety of passengers in motor	26999
vehicles and pedestrians, the legislative authority of a municipal	27000
corporation may by ordinance make and issue, or, in the case of	27001
the legislative authority of a city, authorize the director of	27002
public safety ~~may~~to make and issue rules and regulations	27003
concerning:	27004

~~(A)~~(1) The number, type, and location of traffic control	27005
devices and signs;	27006

~~(B)~~(2) The regulation or prohibition of parking on ~~streets,~~	27007
~~alleys, highways,~~public ways or public property;	27008

~~(C)~~(3) The regulation of the right-of-way at intersections of	27009
streets, alleys, and highways;	27010

~~(D)~~(4) The regulation or prohibition of turns at	27011
intersections;	27012

~~(E)~~(5) The creation, abolition, and regulation of through	27013
routes and truck routes;	27014

~~(F)~~(6) The creation, abolition, and regulation of pedestrian	27015
crosswalk and safety zones;	27016

~~(G)~~(7) The creation, abolition, and regulation of bus loading	27017
and unloading zones and business loading zones;	27018

~~(H)~~(8) The creation, abolition, and regulation of traffic	27019
lanes, and passing zones;	27020

~~(I)~~(9) The regulation of the direction of traffic on ~~streets,~~	27021
~~alleys, and highways~~public ways and the creation and abolition of	27022
one way public streets, roads, alleys, courts, or drives;	27023

~~(J)~~(10) Such other subjects as may be provided by ordinance,	27024
which shall not be limited by the specific enumeration of subjects	27025
by this section.	27026

~~Such rules~~(C) The legislative authority of a municipal	27027
corporation having rules and regulations with respect to parking	27028
on public ways or public property for the purposes specified in	27029
division (B) of this section may establish and maintain reasonable	27030
fees and charges for the privilege of parking in locations	27031
permitted by those rules and regulations and may construct,	27032
install, maintain, repair, replace, and operate parking meters or	27033
other devices or facilities on public ways and public property for	27034
the collection of those fees and charges. The operation of meters,	27035
devices, and facilities may be managed and operated by municipal	27036
officials and employees or by any other person or public agency	27037
retained by the municipal corporation for those purposes, as	27038
determined by the legislative authority.	27039

(D) As an alternative to the operation of parking meters,	27040
devices, and facilities in the manner specified in division (C) of	27041
this section, the legislative authority of a municipal corporation	27042
having rules and regulations with respect to parking on public	27043
ways or public property for the purposes specified in division (B)	27044
of this section may grant to a person or public agency a public	27045
parking franchise permitting that person or agency to occupy and	27046
use certain public ways or to construct, install, maintain,	27047
repair, replace, and operate parking meters or other devices or	27048
facilities on public property on and subject to terms and	27049
conditions specified in a franchise agreement approved by the	27050
legislative authority; provided, that no such public parking	27051
franchise shall be granted for a term of more than thirty years.	27052
The legislative authority may require the person or public agency	27053
receiving such a public parking franchise to pay to the municipal	27054
corporation a lump sum fee, a periodic fee, or both for the	27055
property rights and privileges granted. Public parking franchises	27056
shall be subject to regulation by the legislative authority of the	27057
municipal corporation and shall not be deemed to be a public	27058
utility or an entity otherwise subject to regulation by any state	27059
agency or commission.	27060

(E) Rules and regulations made and issued in accordance with	27061
division (B) of this section shall be issued in the manner and	27062
subject to the conditions and limitations as prescribed by	27063
ordinance of the legislative authority of such city. Copies of	27064
~~such~~ rules and regulations issued pursuant to this section, when	27065
certified by the director of public safety, shall be competent	27066
evidence in all courts. Violation of any such rules and	27067
regulations shall be as specified by the legislative authority,	27068
either a criminal misdemeanor ~~and shall be~~ punishable as provided	27069
by the ordinances of such ~~city~~municipal corporation or a civil	27070
infraction for which a charge is prescribed. The enforcement of	27071
rules and regulations violations of which constitute criminal	27072
misdemeanors shall be by authorized law enforcement officers.	27073

Sec. 737.04. The legislative authority of any municipal	27074
corporation, in order to obtain police protection or to obtain	27075
additional police protection, or to allow its police officers to	27076
work in multijurisdictional drug, gang, or career criminal task	27077
forces, may enter into contracts with one or more municipal	27078
corporations, townships, township police districts, joint police	27079
districts, or county sheriffs in this state, with one or more park	27080
districts created pursuant to section 511.18 or 1545.01 of the	27081
Revised Code, with one or more port authorities, or with a	27082
contiguous municipal corporation in an adjoining state, upon any	27083
terms that are agreed upon, for services of police departments or	27084
the use of police equipment or for the interchange of services of	27085
police departments or police equipment within the several	27086
territories of the contracting subdivisions.	27087

Chapter 2744. of the Revised Code, insofar as it applies to	27088
the operation of police departments, shall apply to the	27089
contracting political subdivisions and to the police department	27090
members when they are rendering service outside their own	27091
subdivisions pursuant to the contracts.	27092

Police department members acting outside the subdivision in	27093
which they are employed, pursuant to a contract entered into under	27094
this section, shall be entitled to participate in any indemnity	27095
fund established by their employer to the same extent as while	27096
acting within the employing subdivision. Those members shall be	27097
entitled to all the rights and benefits of Chapter 4123. of the	27098
Revised Code, to the same extent as while performing service	27099
within the subdivision.	27100

The contracts may provide for:

27101

(A) A fixed annual charge to be paid at the times agreed upon	27102
and stipulated in the contract;	27103

(B) Compensation based upon:

27104

(1) A stipulated price for each call or emergency;

27105

(2) The number of members or pieces of equipment employed;

27106

(3) The elapsed time of service required in each call or	27107
emergency.	27108

(C) Compensation for loss or damage to equipment while	27109
engaged in rendering police services outside the limits of the	27110
subdivision owning and furnishing the equipment;	27111

(D) Reimbursement of the subdivision in which the police	27112
department members are employed for any indemnity award or premium	27113
contribution assessed against the employing subdivision for	27114
workers' compensation benefits for injuries or death of its police	27115
department members occurring while engaged in rendering police	27116
services pursuant to the contract.	27117

Sec. 737.041. The police department of any municipal	27118
corporation may provide police protection to any county, municipal	27119
corporation, township, or township police district, or joint	27120
police district of this state, to a park district created pursuant	27121
to section 511.18 or 1545.01 of the Revised Code, to a port	27122
authority, to any multijurisdictional drug, gang, or career	27123
criminal task force, or to a governmental entity of an adjoining	27124
state without a contract to provide police protection, upon the	27125
approval, by resolution, of the legislative authority of the	27126
municipal corporation in which the department is located and upon	27127
authorization by an officer or employee of the police department	27128
providing the police protection who is designated by title of	27129
office or position, pursuant to the resolution of the legislative	27130
authority of the municipal corporation, to give the authorization.	27131

Chapter 2744. of the Revised Code, insofar as it applies to	27132
the operation of police departments, shall apply to any municipal	27133
corporation and to members of its police department when the	27134
members are rendering police services pursuant to this section	27135
outside the municipal corporation by which they are employed.	27136

Police department members acting, as provided in this	27137
section, outside the municipal corporation by which they are	27138
employed shall be entitled to participate in any pension or	27139
indemnity fund established by their employer to the same extent as	27140
while acting within the municipal corporation by which they are	27141
employed. Those members shall be entitled to all the rights and	27142
benefits of Chapter 4123. of the Revised Code to the same extent	27143
as while performing services within the municipal corporation by	27144
which they are employed.	27145

Sec. 737.32. Except as otherwise provided in this section	27146
and unless the property involved is required to be disposed of	27147
pursuant to another section of the Revised Code, property that is	27148
unclaimed for ninety days or more shall be sold by the chief of	27149
police of the municipal corporation, marshal of the village, or	27150
licensed auctioneer at public auction, after notice of the sale	27151
has been provided by publication once a week for three successive	27152
weeks in a newspaper of general circulation in the county or as	27153
provided in section 7.16 of the Revised Code. The proceeds of the	27154
sale shall be paid to the treasurer of the municipal corporation	27155
and shall be credited to the general fund of the municipal	27156
corporation.	27157

If authorized to do so by an ordinance adopted by the	27158
legislative authority of the municipal corporation and if the	27159
property involved is not required to be disposed of pursuant to	27160
another section of the Revised Code, the chief of police or	27161
marshal may contribute property that is unclaimed for ninety days	27162
or more to one or more public agencies, to one or more nonprofit	27163
organizations no part of the net income of which inures to the	27164
benefit of any private shareholder or individual and no	27165
substantial part of the activities of which consists of carrying	27166
on propaganda or otherwise attempting to influence legislation, or	27167
to one or more organizations satisfying section 501(c)(3) or	27168
(c)(19) of the Internal Revenue Code of 1986.	27169

Sec. 737.40. (A) The legislative authority of a municipal	27170
corporation may establish, by ordinance or resolution, a voluntary	27171
motor vehicle decal registration program to be controlled by the	27172
director of public safety of the municipal corporation and	27173
conducted by the police department of the municipal corporation.	27174
The legislative authority may establish a fee for participation in	27175
the program in an amount sufficient to cover the cost of	27176
administering the program and the cost of the decals.	27177

(B) Any resident of the municipal corporation may enroll a	27178
motor vehicle that he owns in the program by signing a consent	27179
form, displaying the decal issued under this section, and paying	27180
the prescribed fee. The motor vehicle owner shall remove the decal	27181
to withdraw from the program and also prior to the sale or	27182
transfer of ownership of the vehicle. Any law enforcement officer	27183
may conduct, at any place within this state at which the officer	27184
would be permitted to arrest the person operating the vehicle, an	27185
investigatory stop of any motor vehicle displaying a decal issued	27186
under this section when the vehicle is being driven between the	27187
hours of one a.m. and five a.m. A law enforcement officer may	27188
conduct an investigatory stop under this division regardless of	27189
whether the officer observes a violation of law involving the	27190
vehicle or whether he has probable cause to believe that any	27191
violation of law involving the vehicle has occurred.	27192

(C) The consent form required under division (B) of this	27193
section shall:	27194

(1) Describe the conditions for participation in the program,	27195
including a description of an investigatory stop and a statement	27196
that any law enforcement officer may conduct, at any place within	27197
this state at which the officer would be permitted to arrest the	27198
person operating the vehicle, an investigatory stop of the motor	27199
vehicle when it is being driven between the hours of one a.m. and	27200
five a.m.	27201

(2) Contain other information identifying the vehicle and	27202
owner as the director of public safety of the municipal	27203
corporation or the chief of police considers necessary.	27204

(D) The state director of public safety, in accordance with	27205
Chapter 119. of the Revised Code, shall adopt rules governing the	27206
color, size, and design of decals issued under this section and	27207
the location where the decals shall be displayed on vehicles that	27208
are enrolled in the program.	27209

(E) Divisions (A) to (D) and (G) of this section do not	27210
require a law enforcement officer to conduct an investigatory stop	27211
of a vehicle displaying a decal issued under this section or under	27212
a program described in division (G) of this section.	27213

(F) As used in this section:

27214

(1) "Investigatory stop" means a temporary stop of a motor	27215
vehicle and its operator and occupants for purposes of determining	27216
the identity of the person who is operating the vehicle and, if	27217
the person who is operating it is not its owner, whether any	27218
violation of law has occurred or is occurring. An "investigatory	27219
stop" is not an arrest, but, if an officer who conducts an	27220
investigatory stop determines that illegal conduct has occurred or	27221
is occurring, an "investigatory stop" may be the basis for an	27222
arrest.	27223

(2) "Law enforcement officer" means a sheriff, deputy	27224
sheriff, constable, police officer of a township or joint ~~township~~	27225
police district, marshal, deputy marshal, municipal police	27226
officer, or state highway patrol trooper.	27227

(G) Any motor vehicle decal registration program that was in	27228
existence on June 1, 1993, and administered by a municipal	27229
corporation shall not be required to conform in any manner to this	27230
section and may continue to be administered in the manner in which	27231
it was administered on that date.	27232

Sec. 742.41. (A) As used in this section:

27233

(1) "Other system retirant" has the same meaning as in	27234
section 742.26 of the Revised Code.	27235

(2) "Personal history record" includes a member's, former	27236
member's, or other system retirant's name, address, telephone	27237
number, social security number, record of contributions,	27238
correspondence with the Ohio police and fire pension fund, status	27239
of any application for benefits, and any other information deemed	27240
confidential by the trustees of the fund.	27241

(B) The treasurer of state shall furnish annually to the	27242
board of trustees of the fund a sworn statement of the amount of	27243
the funds in the treasurer of state's custody belonging to the	27244
Ohio police and fire pension fund. The records of the fund shall	27245
be open for public inspection except for the following, which	27246
shall be excluded, except with the written authorization of the	27247
individual concerned:	27248

(1) The individual's personal history record;

27249

(2) Any information identifying, by name and address, the	27250
amount of a monthly allowance or benefit paid to the individual.	27251

(C) All medical reports and recommendations required are	27252
privileged, except as follows:	27253

(1) Copies of medical reports or recommendations shall be	27254
made available to the personal physician, attorney, or authorized	27255
agent of the individual concerned upon written release received	27256
from the individual or the individual's agent or, when necessary	27257
for the proper administration of the fund, to the board-assigned	27258
physician.	27259

(2) Documentation required by section 2929.193 of the Revised	27260
Code shall be provided to a court holding a hearing under that	27261
section.	27262

(D) Any person who is a member of the fund or an other system	27263
retirant shall be furnished with a statement of the amount to the	27264
credit of the person's individual account upon the person's	27265
written request. The fund need not answer more than one such	27266
request of a person in any one year.	27267

(E) Notwithstanding the exceptions to public inspection in	27268
division (B) of this section, the fund may furnish the following	27269
information:	27270

(1) If a member, former member, or other system retirant is	27271
subject to an order issued under section 2907.15 of the Revised	27272
Code or an order issued under division (A) or (B) of section	27273
2929.192 of the Revised Code or is convicted of or pleads guilty	27274
to a violation of section 2921.41 of the Revised Code, on written	27275
request of a prosecutor as defined in section 2935.01 of the	27276
Revised Code, the fund shall furnish to the prosecutor the	27277
information requested from the individual's personal history	27278
record.	27279

(2) Pursuant to a court order issued pursuant to Chapter	27280
3119., 3121., 3123., or 3125. of the Revised Code, the fund shall	27281
furnish to a court or child support enforcement agency the	27282
information required under that section.	27283

(3) At the request of any organization or association of	27284
members of the fund, the fund shall provide a list of the names	27285
and addresses of members of the fund and other system retirants.	27286
The fund shall comply with the request of such organization or	27287
association at least once a year and may impose a reasonable	27288
charge for the list.	27289

(4) Within fourteen days after receiving from the director of	27290
job and family services a list of the names and social security	27291
numbers of recipients of public assistance pursuant to section	27292
5101.181 of the Revised Code, the fund shall inform the auditor of	27293
state of the name, current or most recent employer address, and	27294
social security number of each member or other system retirant	27295
whose name and social security number are the same as that of a	27296
person whose name or social security number was submitted by the	27297
director. The fund and its employees shall, except for purposes of	27298
furnishing the auditor of state with information required by this	27299
section, preserve the confidentiality of recipients of public	27300
assistance in compliance with ~~division (A) of~~ section 5101.181 of	27301
the Revised Code.	27302

(5) The fund shall comply with orders issued under section	27303
3105.87 of the Revised Code.	27304

On the written request of an alternate payee, as defined in	27305
section 3105.80 of the Revised Code, the fund shall furnish to the	27306
alternate payee information on the amount and status of any	27307
amounts payable to the alternate payee under an order issued under	27308
section 3105.171 or 3105.65 of the Revised Code.	27309

(6) At the request of any person, the fund shall make	27310
available to the person copies of all documents, including	27311
resumes, in the fund's possession regarding filling a vacancy of a	27312
police officer employee member, firefighter employee member,	27313
police retirant member, or firefighter retirant member of the	27314
board of trustees. The person who made the request shall pay the	27315
cost of compiling, copying, and mailing the documents. The	27316
information described in this division is a public record.	27317

(7) The fund shall provide the notice required by section	27318
742.464 of the Revised Code to the prosecutor assigned to the	27319
case.	27320

(F) A statement that contains information obtained from the	27321
fund's records that is signed by the secretary of the board of	27322
trustees of the Ohio police and fire pension fund and to which the	27323
board's official seal is affixed, or copies of the fund's records	27324
to which the signature and seal are attached, shall be received as	27325
true copies of the fund's records in any court or before any	27326
officer of this state.	27327

Sec. 745.07. An ordinance passed pursuant to section 745.06	27328
of the Revised Code shall not take effect until submitted to the	27329
electors of the municipal corporation, at a special or general	27330
election held in the municipal corporation at such time as the	27331
legislative authority determines, and approved by a majority of	27332
the electors voting on it. The ordinance shall be passed by an	27333
affirmative vote of not less than a majority of the members of the	27334
legislative authority and shall be subject to the approval of the	27335
mayor as provided by law. The ordinance shall specify the form or	27336
phrasing of the question to be placed upon the ballot. Thirty	27337
days' notice of the election shall be given by publication once a	27338
week for two consecutive weeks in ~~two daily or weekly newspapers~~	27339
~~published or circulated~~a newspaper of general circulation in the	27340
municipal corporation ~~and, if~~or as provided in section 7.16 of	27341
the Revised Code. If the board of elections operates and maintains	27342
a web site, notice of the election also shall be posted on that	27343
web site for thirty days prior to the election. The notice shall	27344
contain the full form or phrasing of the question to be submitted.	27345
The clerk of the legislative authority shall certify the passage	27346
of the ordinance to the officers having control of elections in	27347
the municipal corporation, who shall cause the question to be	27348
voted on at the general or special election as specified in the	27349
ordinance.	27350

Sec. 747.05. The board of rapid transit commissioners shall	27351
have control of the expenditure of all moneys appropriated by the	27352
legislative authority of the city, received from the sale of bonds	27353
provided for in sections 747.01 to 747.13~~, inclusive,~~ of the	27354
Revised Code, or from any other source, for the purchase,	27355
construction, improvement, maintenance, equipment, or enjoyment of	27356
all such rapid transit property, but no liability shall be	27357
incurred or expenditure made unless the money required therefor is	27358
in the city treasury to the credit of the board of rapid transit	27359
commissioners' fund and not appropriated for any other purpose.	27360
Moneys to be derived from the sale of bonds, the issue of which	27361
has been authorized, shall be deemed to be in the treasury to the	27362
credit of such fund.	27363

All moneys expended for the construction and acquisition of	27364
parkways or boulevards, as authorized by such sections, shall be	27365
provided for partly by special appropriation or bond issue and	27366
partly by assessments, as specified in section 747.06 of the	27367
Revised Code, and such funds shall be separately accounted for,	27368
and such expenditure shall not be considered a part of the rapid	27369
transit expenditure authorized by this section. The board may let	27370
contracts for any part of the work to the lowest and best bidder	27371
after three weeks' advertisement in ~~two newspapers~~a newspaper of	27372
general circulation in the city or as provided in section 7.16 of	27373
the Revised Code.	27374

The board may reject any bid, and the proceedings for such	27375
contracts and payment therefor shall be the same as provided for	27376
the director of public service except the requirement of the	27377
approval of the board of control.	27378

Sec. 747.11. The board of rapid transit commissioners may	27379
grant to any corporation organized for street or interurban	27380
railway purposes the right to operate, by lease or otherwise, the	27381
depots, terminals, and railways mentioned in section 747.08 of the	27382
Revised Code upon such terms as the board is authorized by	27383
ordinance to agree upon with such corporation, subject to the	27384
approval of a majority of the electors of the city voting on the	27385
question.	27386

The board of rapid transit commissioners shall certify such	27387
lease or agreement to the board of elections, which shall then	27388
submit the question of the approval of such lease or agreement to	27389
the qualified electors of the city at either a special or general	27390
election as the ordinance specifies. Thirty days' notice of the	27391
election shall be given by publication in ~~one or more of the~~	27392
~~newspapers published~~a newspaper of general circulation in the	27393
city once a week for two consecutive weeks prior to the election,	27394
~~and, if~~or as provided in section 7.16 of the Revised Code. If the	27395
board of elections operates and maintains a web site, the board of	27396
elections shall post notice of the election for thirty days prior	27397
to the election on its web site. The notice shall set forth the	27398
terms of the lease or agreement and the time of holding the	27399
election. On the approval by a majority of the voters voting at	27400
the election, the corporation may operate such depots, terminals,	27401
and railways as provided in the lease or agreement, and	27402
corporations organized under the laws of this state for street or	27403
interurban railway purposes may lease and operate such depots,	27404
terminals, and railways.	27405

Sec. 747.12. Whenever the board of rapid transit	27406
commissioners of a city declares by resolution that real estate of	27407
the city acquired for rapid transit purposes is not needed for the	27408
proper conduct and maintenance of such rapid transit system, such	27409
real estate may be sold or leased by the board to the highest	27410
bidder after advertisement once a week for three consecutive weeks	27411
in a newspaper of general circulation within the city or as	27412
provided in section 7.16 of the Revised Code. The board may reject	27413
any bid and readvertise until all such property is sold or leased.	27414
When the board has twice so offered to sell or lease such	27415
property, and it is not sold or leased, the board may privately	27416
sell or lease it.	27417

Moneys arising from such sales or leases shall be deposited	27418
in the treasury of the city to the credit of the board of rapid	27419
transit commissioners' fund, and may be expended for the purchase,	27420
construction, improvement, maintenance, equipment, and enjoyment	27421
of the city's rapid transit property, as such board directs.	27422

Contracts, leases, deeds, bills of sale, or other instruments	27423
in writing pertaining to such sales or leases shall be executed on	27424
behalf of the city by the board, by its president and secretary.	27425

Sec. 755.16. (A) Any ~~municipal corporation, township,~~	27426
~~township park district, county, or school district~~contracting	27427
subdivision, jointly with one or more other ~~municipal~~	27428
~~corporations, townships, township park districts, counties, or~~	27429
~~school districts or with an educational service center~~contracting	27430
subdivisions, in any combination, ~~and a joint recreation district,~~	27431
may acquire property for, construct, operate, and maintain any	27432
parks, playgrounds, playfields, gymnasiums, public baths, swimming	27433
pools, indoor recreation centers, educational facilities, or	27434
community centers. Any school district or, educational service	27435
center, or state institution of higher education may provide by	27436
the erection of any school or, educational service center, or	27437
state institution of higher education building or premises, or by	27438
the enlargement of, addition to, or reconstruction or improvement	27439
of any school or, educational service center, or state institution	27440
of higher education building or premises, for the inclusion of any	27441
such parks, recreational facilities, educational facilities, and	27442
community centers to be jointly acquired, constructed, operated,	27443
and maintained. Any ~~municipal corporation, township, township park~~	27444
~~district, county, or school district~~contracting subdivision,	27445
jointly with one or more other ~~municipal corporations, townships,~~	27446
~~township park districts, counties, or school districts or with an~~	27447
~~educational service center~~contracting subdivisions, in any	27448
combination, ~~and a joint recreation district,~~ may equip, operate,	27449
and maintain those parks, recreational facilities, educational	27450
facilities, and community centers and may appropriate money for	27451
~~them~~those purposes. ~~An educational service center also may~~	27452
~~appropriate money for purposes of equipping, operating, and~~	27453
~~maintaining those parks, recreational facilities, and community~~	27454
~~centers.~~	27455

Any ~~municipal corporation, township, township park district,~~	27456
~~county, school district, or educational service center~~contracting	27457
subdivision agreeing to jointly acquire, construct, operate, or	27458
maintain parks, recreational facilities, educational facilities,	27459
and community centers pursuant to this section may contribute	27460
lands, money, other personal property, or services to the joint	27461
venture, as may be agreed upon. Any agreement shall specify the	27462
rights of the parties in any lands or personal property	27463
contributed.	27464

Any lands acquired by a township park district pursuant to	27465
Chapter 511. of the Revised Code and established as a public park	27466
or parks may be contributed to a joint venture authorized by this	27467
section. Fees may be charged in connection with the use of any	27468
recreational facilities, educational facilities, and community	27469
centers that may be constructed on those lands.	27470

(B) Any township may, jointly with a private land owner,	27471
construct, operate, equip, and maintain free public playgrounds	27472
and playfields. Any equipment provided by a township pursuant to	27473
this division shall remain township property and shall be used	27474
subject to a right of removal by the township.	27475

(C) As used in this section and in sections 755.17 and 755.18	27476
of the Revised Code:	27477

(1) "Community centers" means facilities characterized by all	27478
of the following:	27479

(a) They are acquired, constructed, operated, or maintained	27480
by ~~political~~contracting subdivisions ~~or an educational service~~	27481
~~center~~ pursuant to division (A) of this section.	27482

(b) They may be used for governmental, civic, or educational	27483
operations or purposes, or recreational activities.	27484

(c) They may be used only by the ~~entities~~contracting	27485
subdivisions that acquire, construct, operate, or maintain them or	27486
by any other person upon terms and conditions determined by those	27487
~~entities~~contracting subdivisions.	27488

(2) "Educational service center" has the same meaning as in	27489
division (A) of section 3311.05 of the Revised Code.	27490

(3) "Contracting subdivision" means a municipal corporation,	27491
township, joint recreation district, township park district,	27492
county, school district, educational service center, or state	27493
institution of higher education.	27494

(4) "School district" means any of the school districts or	27495
joint vocational school districts referred to in section 3311.01	27496
of the Revised Code.	27497

(5) "State institution of higher education" has the same	27498
meaning as in section 3345.011 of the Revised Code.	27499

Sec. 755.29. The board of park trustees, before entering	27500
into any contract for the performance of any work, the cost of	27501
which exceeds ~~ten~~twenty-five thousand dollars, shall cause plans	27502
and specifications and forms of bids to be prepared, and when	27503
adopted by the board, it shall have them printed for distribution	27504
among bidders.	27505

Sec. 755.41. When lands lying within the limits of a	27506
municipal corporation have been dedicated to or for the use of the	27507
public for parks or park lands, and where such lands have remained	27508
unimproved and unused by the public for a period of twenty-one	27509
years and there appears to be little or no possibility that such	27510
lands will be improved and used by the public, the legislative	27511
authority of a municipal corporation in which said lands are	27512
located may, by ordinance, declare such parks or park lands	27513
vacated upon the petition of a majority of the abutting	27514
freeholders. No such parks or park lands shall be vacated unless	27515
notice of the pendency and prayer of the petition is given, in a	27516
newspaper of general circulation in the municipal corporation in	27517
which such lands are situated for three consecutive weeks, or as	27518
provided in section 7.16 of the Revised Code, preceding action on	27519
such petition. No such lands shall be vacated prior to a public	27520
hearing had thereon.	27521

Sec. 755.42. Upon the vacation of parks or park lands as	27522
provided by section 755.41 of the Revised Code, the legislative	27523
authority of a municipal corporation shall offer such lands for	27524
sale at a public auction. No lands shall be sold until the	27525
legislative authority of such municipal corporation gives notice	27526
of intention to sell such lands. Such notice shall be published as	27527
provided in section 7.16 of the Revised Code or once a week for	27528
four consecutive weeks in a newspaper of general circulation in a	27529
municipal corporation in which the sale is to be had. The	27530
legislative authority of such municipal corporation or the board	27531
or officer having supervision or management of such real estate	27532
shall sell such lands to the highest and best bidder, provided	27533
that any and all bids made hereunder may be rejected.	27534

When such sale is made, the mayor or other officer of a	27535
municipal corporation in which sale is had and in which such lands	27536
are located, shall enter into a deed, conveying said lands to the	27537
purchaser thereof. At or after the time of sale, the auditor of	27538
the county shall place the lands sold hereunder on the tax	27539
duplicate of the county at a value to be established by ~~him~~the	27540
auditor as in cases where hethe auditor re-enters property which	27541
has been tax exempt on the taxable list of the county.	27542

The proceeds from the sale of lands sold pursuant to this	27543
section shall be placed in the general fund of the treasury of the	27544
municipal corporation in which such lands are located and may be	27545
disbursed as other general fund moneys.	27546

Sec. 755.43. When real estate ~~which~~that has been dedicated	27547
to or for the use of the public for parks or park lands is vacated	27548
by the legislative authority of a municipal corporation pursuant	27549
to section 755.41 of the Revised Code, and where reversionary	27550
interests have been set up in the event of the non-use of such	27551
lands for the dedicated purpose, such reversionary interests shall	27552
accelerate and vest in the holders thereof upon such vacation.	27553
Thereupon, the auditor of the county shall place the lands on the	27554
tax duplicate of the county in the names of such reversionaries as	27555
are known to and supplied by the legislative authority of the	27556
municipal corporation or the board or officer having supervision	27557
or management of such real estate. If the legislative authority of	27558
such board or officer is unable to furnish the names of such	27559
reversioners, the legislative authority of a municipal corporation	27560
shall fix a date on or before which claims to such real estate may	27561
be asserted and after which such real estate shall be sold. Notice	27562
shall be given of such date and of the sale to be held thereafter,	27563
as provided in section 7.16 of the Revised Code or once each week	27564
for four consecutive weeks in a newspaper of general circulation	27565
in the municipal corporation wherein such lands are located. In	27566
the event that no claims to such lands are asserted or found to be	27567
valid, the lands shall be sold pursuant to section 755.42 of the	27568
Revised Code, and the title of any holders of reversionary	27569
interests shall be extinguished.	27570

Nothing contained in sections 755.41, 755.42, or 755.43 of	27571
the Revised Code shall be construed as limiting any of the home	27572
rule powers conferred upon municipalities by Article XVIII of the	27573
Constitution of the State of Ohio.	27574

Sec. 759.47. Land belonging to a public cemetery and used	27575
for an approach thereto, and which is, in the judgment of a	27576
majority of the officers having control or management thereof,	27577
unnecessary for cemetery purposes, may be sold by them at public	27578
sale to the highest bidder after advertisement as provided in	27579
section 7.16 of the Revised Code or once a week for five	27580
consecutive weeks in a newspaper of general circulation within the	27581
county in which the cemetery is situated. The board of township	27582
trustees or board of cemetery trustees of a municipal corporation	27583
making such sale shall execute in the name of the township or	27584
municipal corporation owning such cemetery proper conveyances for	27585
the land so sold.	27586

Sec. 901.09. (A) The director of agriculture may employ and	27587
establish a compensation rate for seasonal produce graders and	27588
seasonal gypsy mothtrap tenders, who shall be in the unclassified	27589
civil service.	27590

(B) In lieu of employing seasonal gypsy moth tenders as	27591
provided in division (A) of this section, the director may	27592
contract with qualified individuals or entities to perform gypsy	27593
moth trapping.	27594

Sec. 924.52. (A) The Ohio grape industries committee may:

27595

(1) Conduct, and contract with others to conduct, research,	27596
including the study, analysis, dissemination, and accumulation of	27597
information obtained from the research or elsewhere, concerning	27598
the marketing and distribution of grapes and grape products, the	27599
storage, refrigeration, processing, and transportation of them,	27600
and the production and product development of grapes and grape	27601
products. The committee shall expend for these activities ~~no less~~	27602
~~than thirty per cent and~~ no more than seventy per cent of all	27603
money it receives from the Ohio grape industries fund created	27604
under section 924.54 of the Revised Code.	27605

(2) Provide the wholesale and retail trade with information	27606
relative to proper methods of handling and selling grapes and	27607
grape products;	27608

(3) Make or contract for market surveys and analyses,	27609
undertake any other similar activities that it determines are	27610
appropriate for the maintenance and expansion of present markets	27611
and the creation of new and larger markets for grapes and grape	27612
products, and make, in the name of the committee, contracts to	27613
render service in formulating and conducting plans and programs	27614
and such other contracts or agreements as the committee considers	27615
necessary for the promotion of the sale of grapes and grape	27616
products. The committee shall expend for these activities ~~no less~~	27617
~~than thirty per cent and~~ no more than seventy per cent of all	27618
money it receives from the fund.	27619

(4) Publish and distribute to producers and others	27620
information relating to the grape and grape product industries;	27621

(5) Propose to the director of agriculture for adoption,	27622
rescission, or amendment, pursuant to Chapter 119. of the Revised	27623
Code, rules necessary for the exercise of its powers and the	27624
performance of its duties;	27625

(6) Advertise for, post notices seeking, or otherwise solicit	27626
applicants to serve in administrative positions in the department	27627
of agriculture as employees who support the administrative	27628
functions of the committee. Applications shall be submitted to the	27629
committee. The committee shall select applicants that it wishes to	27630
recommend for employment and shall submit a list of the	27631
recommended applicants to the director.	27632

(B) The committee shall:

27633

(1) Promote the sale of grapes and grape products for the	27634
purpose of maintaining and expanding present markets and creating	27635
new and larger intrastate, interstate, and foreign markets for	27636
grapes and grape products, and inform the public of the uses and	27637
benefits of grapes and grape products;	27638

(2) Perform all acts and exercise all powers incidental to,	27639
in connection with, or considered reasonably necessary, proper, or	27640
advisable to effectuate the purposes of this section.	27641

Sec. 927.69. To effect the purpose of sections 927.51 to	27642
927.73 of the Revised Code, the director of agriculture or the	27643
director's authorized representative may:	27644

(A) Make reasonable inspection of any premises in this state	27645
and any property therein or thereon;	27646

(B) Stop and inspect in a reasonable manner, any means of	27647
conveyance moving within this state upon probable cause to believe	27648
it contains or carries any pest, host, commodity, or other article	27649
that is subject to sections 927.51 to 927.72 of the Revised Code;	27650

(C) Conduct inspections of agricultural products that are	27651
required by other states, the United States department of	27652
agriculture, other federal agencies, or foreign countries to	27653
determine whether the products are infested. If, upon making such	27654
an inspection, the director or the director's authorized	27655
representative determines that an agricultural product is not	27656
infested, the director or the director's authorized representative	27657
may issue a certificate, as required by other states, the United	27658
States department of agriculture, other federal agencies, or	27659
foreign countries, indicating that the product is not infested.	27660

If the director charges fees for any of the certificates,	27661
agreements, or inspections specified in this section, the fees	27662
shall be as follows:	27663

(1) ~~Phyto sanitary~~Phytosanitary certificates, twenty-five	27664
dollars for ~~those collectors or dealers that are licensed under~~	27665
~~section 927.53 of the Revised Code~~shipments comprised exclusively	27666
of nursery stock;	27667

(2) ~~Phyto sanitary~~Phytosanitary certificates, one hundred	27668
dollars for all others;	27669

(3) Phytosanitary certificates, twenty-five dollars for	27670
replacement of an issued certificate because of a mistake on the	27671
certificate or a change made by the shipper if no additional	27672
inspection is required;	27673

(4) Compliance agreements, forty dollars;

27674

~~(4)~~(5) Agricultural products and their conveyances	27675
inspections, an amount equal to the hourly rate of pay in the	27676
highest step in the pay range, including fringe benefits, of a	27677
plant pest control specialist multiplied by the number of hours	27678
worked by such a specialist in conducting an inspection.	27679

The director may adopt rules under section 927.52 of the	27680
Revised Code that define the certificates, agreements, and	27681
inspections.	27682

The fees shall be credited to the plant pest program fund	27683
created in section 927.54 of the Revised Code.	27684

Sec. 951.11. A person finding an animal at large in	27685
violation of section 951.01 or 951.02 of the Revised Code, may,	27686
and a law enforcement officer of a county, township, city, or	27687
village, on view or information, shall, take and confine such	27688
animal, forthwith giving notice thereof to the owner or keeper, if	27689
known, and, if not known, by publishing a notice describing such	27690
animal ~~at least~~ once in a newspaper of general circulation in the	27691
county, township, city, or village wherein the animal was found.	27692
If the owner or keeper does not appear and claim the animal and	27693
pay the compensation prescribed in section 951.13 of the Revised	27694
Code for so taking, advertising, and keeping it within ten days	27695
from the date of such notice, such person or the county shall have	27696
a lien therefor and the animal may be sold at public auction as	27697
provided in section 1311.49 of the Revised Code, and the residue	27698
of the proceeds of sale shall be paid and deposited by the	27699
treasurer in the general fund of the county.	27700

Sec. 955.011. (A) When an application is made for	27701
registration of an assistance dog and the owner can show proof by	27702
certificate or other means that the dog is an assistance dog, the	27703
owner of the dog shall be exempt from any fee for the	27704
registration. Registration for an assistance dog shall be	27705
permanent and not subject to annual renewal so long as the dog is	27706
an assistance dog. Certificates and tags stamped "Ohio Assistance	27707
Dog-Permanent Registration," with registration number, shall be	27708
issued upon registration of such a dog. Any certificate and tag	27709
stamped "Ohio Guide Dog-Permanent Registration" or "Ohio Hearing	27710
Dog-Permanent Registration," with registration number, that was	27711
issued for a dog in accordance with this section as it existed	27712
prior to July 4, 1984, any certificate and tag stamped "Ohio	27713
Handicapped Assistance Dog-Permanent Registration," with	27714
registration number, that was issued for a dog in accordance with	27715
this section as it existed on and after July 5, 1984, but prior to	27716
November 26, 2004, and any certificate and tag stamped "Ohio	27717
Service Dog-Permanent Registration," with registration number,	27718
that was issued for a dog in accordance with this section as it	27719
existed on and after November 26, 2004, but prior to ~~the effective~~	27720
~~date of this amendment~~June 30, 2006, shall remain in effect as	27721
valid proof of the registration of the dog on and after November	27722
26, 2004. Duplicate certificates and tags for a dog registered in	27723
accordance with this section, upon proper proof of loss, shall be	27724
issued and no fee required. Each duplicate certificate and tag	27725
that is issued shall be stamped "Ohio Assistance Dog-Permanent	27726
Registration."	27727

(B) As used in this section and in sections 955.16 and 955.43	27728
of the Revised Code:	27729

(1) "Mobility impaired person" means any person, regardless	27730
of age, who is subject to a physiological defect or deficiency	27731
regardless of its cause, nature, or extent that renders the person	27732
unable to move about without the aid of crutches, a wheelchair, or	27733
any other form of support, or that limits the person's functional	27734
ability to ambulate, climb, descend, sit, rise, or perform any	27735
related function. "Mobility impaired person" includes a person	27736
with a neurological or psychological disability that limits the	27737
person's functional ability to ambulate, climb, descend, sit,	27738
rise, or perform any related function. "Mobility impaired person"	27739
also includes a person with a seizure disorder and a person who is	27740
diagnosed with autism.	27741

(2) "Blind" means either of the following:

27742

(a) Vision twenty/two hundred or less in the better eye with	27743
proper correction;	27744

(b) Field defect in the better eye with proper correction	27745
that contracts the peripheral field so that the diameter of the	27746
visual field subtends an angle no greater than twenty degrees.	27747

(3) "Assistance dog" means a guide dog, hearing dog, or	27748
service dog that has been trained by a nonprofit special agency.	27749

(4) "Guide dog" means a dog that has been trained or is in	27750
training to assist a blind person.	27751

(5) "Hearing dog" means a dog that has been trained or is in	27752
training to assist a deaf or hearing-impaired person.	27753

(6) "Service dog" means a dog that has been trained or is in	27754
training to assist a mobility impaired person.	27755

Sec. 955.012. (A) As used in this section:

27756

(1) "Controlled substance" has the same meaning as in section	27757
3719.01 of the Revised Code.	27758

(2) "Law enforcement agency" means the state highway patrol,	27759
the office of a county sheriff, the police department of a	27760
municipal corporation or township, or a township or joint ~~township~~	27761
police district.	27762

(3) "Law enforcement canine" means a dog regularly utilized	27763
by a law enforcement agency for general law enforcement purposes,	27764
tracking, or detecting the presence of a controlled substance or	27765
explosive.	27766

(B) Instead of obtaining an annual registration under section	27767
955.01 of the Revised Code, a law enforcement agency owning,	27768
keeping, or harboring a law enforcement canine may obtain an	27769
annual registration for the dog as a law enforcement canine under	27770
this section. The application for a law enforcement canine	27771
registration shall be submitted to the county auditor of the	27772
county in which the central office of the law enforcement agency	27773
that owns, keeps, or harbors the dog is located, except that for a	27774
dog owned, kept, or harbored by the state highway patrol, the	27775
application shall be submitted to the county auditor of the county	27776
in which is located the state highway patrol post to which the dog	27777
and its handler primarily are assigned. The application shall be	27778
submitted on or after the first day of December immediately	27779
preceding the beginning of the registration year and before the	27780
thirty-first day of January of that year. If the period for filing	27781
registration applications under division (A)(1) of section 955.01	27782
of the Revised Code is extended in the county in which a law	27783
enforcement canine is to be registered, an application for	27784
registration under this section shall be submitted to the county	27785
auditor not later than the registration deadline for that year, as	27786
so extended.	27787

The application for registration of a law enforcement canine	27788
shall state the age, sex, hair color, character of hair, whether	27789
short or long, and breed, if known, of the dog, the name and	27790
address of the owner of the dog, and, if the law enforcement	27791
agency keeping or harboring the dog is different from the owner,	27792
the name of that law enforcement agency. For a dog owned, kept, or	27793
harbored by the police department of a municipal corporation or	27794
township or by a township or joint ~~township~~ police district, the	27795
application shall be signed by the chief of the police department	27796
or district. For a dog owned, kept, or harbored by the office of a	27797
county sheriff, the application shall be signed by the sheriff.	27798
For a dog owned, kept, or harbored by the state highway patrol,	27799
the application shall be signed by the officer in charge of the	27800
post of the state highway patrol to which the dog and its handler	27801
primarily are assigned. The application shall include a	27802
certification by the chief of the police department or district,	27803
sheriff, or officer of the state highway patrol post, as	27804
applicable, that the dog described in the application has been	27805
properly trained to carry out one or more of the purposes	27806
described in division (A)(3) of this section and actually is used	27807
for one or more of those purposes by the law enforcement agency	27808
making the application.	27809

No fee is required for issuance of a law enforcement canine	27810
registration. Upon proper proof of loss, a duplicate certificate	27811
and tag shall be issued for a dog registered under this section,	27812
and no fee shall be required.	27813

If an application for registration of a law enforcement	27814
canine is not filed under this section on or before the	27815
thirty-first day of January of the registration year, or the	27816
extended registration deadline established under division (A)(1)	27817
of section 955.01 of the Revised Code, as applicable, the law	27818
enforcement canine shall be registered under that section, and the	27819
registration fee and late registration penalty applicable under	27820
divisions (A) and (B) of that section shall accompany the	27821
application.	27822

(C) If a law enforcement agency becomes the owner, keeper, or	27823
harborer of a law enforcement canine or brings a law enforcement	27824
canine into the state after the thirty-first day of January of a	27825
registration year or the extended registration deadline	27826
established under division (A)(1) of section 955.01 of the Revised	27827
Code, as applicable, the law enforcement agency, within thirty	27828
days after becoming the owner, keeper, or harborer or bringing the	27829
dog into the state, may submit an application for registration of	27830
the dog under this section. Upon submission of the application,	27831
the law enforcement agency shall be issued such a registration in	27832
the manner provided in division (B) of this section. If such an	27833
application is not filed within the thirty-day period, the dog	27834
shall be registered under section 955.05 of the Revised Code, and	27835
the registration fee and late registration penalty applicable	27836
under that section or section 955.06 of the Revised Code shall	27837
accompany the application.	27838

Sec. 1309.528. ~~(A)~~ All fees collected by the secretary of	27839
state for filings under Title XIII or XVII of the Revised Code	27840
shall be deposited into the state treasury to the credit of the	27841
corporate and uniform commercial code filing fund, which is hereby	27842
created. All moneys credited to the fund~~, subject to division (B)~~	27843
~~of this section,~~ shall be used for the purpose of paying for the	27844
operations of the office of the secretary of state and for the	27845
purpose of paying for expenses relating to the processing of	27846
filings under Title XIII or XVII of the Revised Code.	27847

~~(B) There is hereby created in the state treasury the~~	27848
~~secretary of state business technology fund. One per cent of the~~	27849
~~money credited to the corporate and uniform commercial code filing~~	27850
~~fund created in division (A) of this section shall be transferred~~	27851
~~to the credit of this fund. All moneys credited to this fund shall~~	27852
~~be used only for the upkeep, improvement, or replacement of~~	27853
~~equipment, or for the purpose of training employees in the use of~~	27854
~~equipment, used to conduct business of the secretary of state's~~	27855
~~office under Title XIII or XVII of the Revised Code.~~	27856

Sec. 1327.46. ~~(A)~~As used in sections 1327.46 to 1327.61 of	27857
the Revised Code:	27858

(A) "Weights and measures" means all weights and measures of	27859
every kind, instruments and devices for weighing and measuring,	27860
and any appliances and accessories associated with any such	27861
instruments and devices, except that ~~the term~~"weights and	27862
measures" shall not be construed to include meters for the	27863
measurement of electricity, gas, whether natural or manufactured,	27864
or water when the same are operated in a public utility system.	27865
Such electricity, gas, and water meters, and appliances or	27866
accessories associated therewith, are specifically excluded from	27867
the purview of the weights and measures laws.	27868

(B) "Intrastate commerce" means all commerce or trade that is	27869
begun, carried on, and completed wholly within the limits of this	27870
state, and "introduced into intrastate commerce" defines the time	27871
and place in which the first sale and delivery of a commodity is	27872
made within the state, the delivery being made either directly to	27873
the purchaser or to a common carrier for shipment to the	27874
purchaser.	27875

(C) "Package" means any commodity put up or packaged in any	27876
manner in advance of sale in units suitable for either wholesale	27877
or retail sale.	27878

(D) "Consumer package" means a package that is customarily	27879
produced or distributed for sale through a retail sales agency for	27880
consumption by an individual or use by an individual.	27881

(E) "Weight" as used in connection with any commodity means	27882
net weight.	27883

(F) "Correct" as used in connection with weights and measures	27884
means conformity with all applicable requirements of sections	27885
1327.46 to 1327.61 of the Revised Code and rules adopted pursuant	27886
to those sections.	27887

(G) "Primary standards" means the physical standards of the	27888
state that serve as the legal reference from which all other	27889
standards and weights and measures are derived.	27890

(H) "Secondary standards" means the physical standards that	27891
are traceable to the primary standards through comparisons, using	27892
acceptable laboratory procedures, and used in the enforcement of	27893
weights and measures laws and rules.	27894

(I) "Sale from bulk" means the sale of commodities when the	27895
quantity is determined at the time of sale.	27896

(J) "Net weight" means the weight of a commodity, excluding	27897
any materials, substances, or items not considered to be a part of	27898
the commodity. Materials, substances, or items not considered to	27899
be part of the commodity include, but are not limited to,	27900
containers, conveyances, bags, wrappers, packaging materials,	27901
labels, individual piece coverings, decorative accompaniments, and	27902
coupons.	27903

(K) "Random weight package" means a package that is one of a	27904
lot, shipment, or delivery of packages of the same commodity with	27905
no fixed pattern of weights.	27906

(L) "Sold" includes keeping, offering, or exposing for sale.

27907

(M) "Commercially used weighing and measuring device" means a	27908
device described in the national institute of standards and	27909
technology handbook 44 or its supplements and revisions and any	27910
other weighing and measuring device designated by rules adopted	27911
under division (C) of section 1327.50 of the Revised Code.	27912
"Commercially used weighing and measuring device" includes, but is	27913
not limited to, a livestock scale, vehicle scale, railway scale,	27914
vehicle tank meter, bulk rack meter, and LPG meter.	27915

(N) "Livestock scale" means a scale equipped with stock racks	27916
and gates that is adapted to weighing livestock standing on the	27917
scale platform.	27918

(O) "Vehicle scale" means a scale that is adapted to weighing	27919
highway, farm, or other large industrial vehicles other than	27920
railroad cars.	27921

(P) "Railway scale" means a rail scale that is designed to	27922
weigh railroad cars.	27923

(Q) "Vehicle tank meter" means a vehicle mounted device that	27924
is designed for the measurement and delivery of liquid products	27925
from a tank.	27926

(R) "Bulk rack meter" means a wholesale device, usually	27927
mounted on a rack, that is designed for the measurement and	27928
delivery of liquid products.	27929

(S) "LPG meter" means a system, including a mechanism or	27930
machine of the meter type, that is designed to measure and deliver	27931
liquefied petroleum gas in the liquid state by a definite quantity	27932
whether installed in a permanent location or mounted on a vehicle.	27933

Sec. 1327.50. The director of agriculture shall:

27934

(A) Maintain traceability of the state standards to those of	27935
the national institute of standards and technology;	27936

(B) Enforce sections 1327.46 to 1327.61 of the Revised Code;

27937

(C) Issue reasonable rules for the uniform enforcement of	27938
sections 1327.46 to 1327.61 of the Revised Code, which rules shall	27939
have the force and effect of law;	27940

(D) Establish standards of weight, measure, or count,	27941
reasonable standards of fill, and standards for the voluntary	27942
presentation of cost per unit information for any package;	27943

(E) Grant any exemptions from sections 1327.46 to 1327.61 of	27944
the Revised Code, or any rules adopted under those sections, when	27945
appropriate to the maintenance of good commercial practices in the	27946
state;	27947

(F) Conduct investigations to ensure compliance with sections	27948
1327.46 to 1327.61 of the Revised Code;	27949

(G) Delegate to appropriate personnel any of these	27950
responsibilities for the proper administration of the director's	27951
office;	27952

(H) Test as often as is prescribed by rule the standards of	27953
weight and measure used by any municipal corporation or county	27954
within the state, and approve the same when found to be correct;	27955

(I) Inspect and test weights and measures ~~kept, offered, or~~	27956
~~exposed for sale~~that are sold;	27957

(J) Inspect and test to ascertain if they are correct,	27958
weights and measures commercially used either:	27959

(1) In determining the weight, measure, or count of	27960
commodities or things sold~~, or offered or exposed for sale,~~ on the	27961
basis of weight, measure, or count;	27962

(2) In computing the basic charge or payment for goods or	27963
services rendered on the basis of weight, measure, or count.	27964

(K) Test all weights and measures used in checking the	27965
receipt or disbursement of supplies in every institution, for the	27966
maintenance of which funds are appropriated by the general	27967
assembly;	27968

(L) Approve for use, and may mark, such weights and measures	27969
as the director finds to be correct, and shall reject and mark as	27970
rejected such weights and measures as the director finds to be	27971
incorrect. Weights and measures that have been rejected may be	27972
seized if not corrected within the time specified or if used or	27973
disposed of in a manner not specifically authorized, and may be	27974
condemned and seized if found to be incorrect and not capable of	27975
being made correct.	27976

(M) Weigh, measure, or inspect packaged commodities ~~kept,~~	27977
~~offered, or exposed for sale,~~that are sold, or in the process of	27978
delivery to determine whether they contain the amounts represented	27979
and whether they are ~~kept, offered, or exposed for sale~~sold in	27980
accordance with sections 1327.46 to 1327.61 of the Revised Code or	27981
rules adopted under those sections. In carrying out this section,	27982
the director shall employ recognized sampling procedures, such as	27983
those designated in the national institute of standards and	27984
technology handbook 133 "checking the net contents of packaged	27985
goods."	27986

(N) Prescribe by rule the appropriate term or unit of weight	27987
or measure to be used, whenever the director determines in the	27988
case of a specific commodity that an existing practice of	27989
declaring the quantity by weight, measure, numerical count, or	27990
combination thereof, does not facilitate value comparisons by	27991
consumers, or offers an opportunity for consumer confusion;	27992

(O) Allow reasonable variations from the stated quantity of	27993
contents, which shall include those caused by unavoidable	27994
deviations in good manufacturing practice and by loss or gain of	27995
moisture during the course of good distribution practice, only	27996
after the commodity has entered intrastate commerce;	27997

(P) Provide for the weights and measures training of	27998
inspector personnel and establish minimum training requirements,	27999
which shall be met by all inspector personnel, whether county,	28000
municipal, or state;	28001

(Q) Prescribe the methods of tests and inspections to be	28002
employed in the enforcement of sections 1327.46 to 1327.61 of the	28003
Revised Code. The director may prescribe the official test and	28004
inspection forms to be used.	28005

(R) Provide by rule for voluntary registration with the	28006
director of private weighing and measuring device servicing	28007
agencies, and personnel;	28008

(S) In conjunction with the national institute of standards	28009
and technology, operate a type evaluation program for	28010
certification of weighing and measuring devices as part of the	28011
national type evaluation program. The director shall establish a	28012
schedule of fees for services rendered by the department of	28013
agriculture for type evaluation services. The director may require	28014
any weighing or measuring instrument or device to be traceable to	28015
a national type evaluation program certificate of conformance	28016
prior to use for commercial or law enforcement purposes.	28017

Sec. 1327.501. (A) No person shall operate in this state a	28018
commercially used weighing and measuring device that provides the	28019
final quantity and final cost of a transaction and for which a fee	28020
is established in division (G) of this section unless the operator	28021
of the device obtains a permit issued by the director of	28022
agriculture or the director's designee.	28023

(B) An application for a permit shall be submitted to the	28024
director on a form that the director prescribes and provides. The	28025
applicant shall include with the application any information that	28026
is specified on the application form as well as the application	28027
fee established in this section.	28028

(C) Upon receipt of a completed application and the required	28029
fee from an applicant, the director or the director's designee	28030
shall issue or deny the permit to operate the commercially used	28031
weighing and measuring device that was the subject of the	28032
application.	28033

(D) A permit issued under this section expires on the	28034
thirtieth day of June of the year following its issuance and may	28035
be renewed annually on or before the first day of July of that	28036
year upon payment of a permit renewal fee established in this	28037
section.	28038

(E) If a permit renewal fee is more than sixty days past due,	28039
the director may assess a late penalty in an amount established	28040
under this section.	28041

(F) The director shall do both of the following:

28042

(1) Establish procedures and requirements governing the	28043
issuance or denial of permits under this section;	28044

(2) Establish late penalties to be assessed for the late	28045
payment of a permit renewal fee and fees for the replacement of	28046
lost or destroyed permits.	28047

(G) An applicant for a permit to operate under this section	28048
shall pay an application fee in the following applicable amount:	28049

(1) Seventy-five dollars for a livestock scale;

28050

(2) Seventy-five dollars for a vehicle scale;

28051

(3) Seventy-five dollars for a railway scale;

28052

(4) Seventy-five dollars for a vehicle tank meter;

28053

(5) Seventy-five dollars for a bulk rack meter;

28054

(6) Seventy-five dollars for a LPG meter.

28055

A person who is issued a permit under this section and who	28056
seeks to renew that permit shall pay an annual permit renewal fee.	28057
The amount of a permit renewal fee shall be equal to the	28058
application fee for that permit established in this division.	28059

(H) All money collected through the payment of fees and the	28060
imposition of penalties under this section shall be credited to	28061
the metrology and scale certification and device permitting fund	28062
created in section 1327.511 of the Revised Code.	28063

Sec. 1327.51. (A) When necessary for the enforcement of	28064
sections 1327.46 to 1327.61 of the Revised Code or rules adopted	28065
pursuant thereto, the director of agriculture and any weights and	28066
measures official acting under the authority of section 1327.52 of	28067
the Revised Code may do any of the following:	28068

(1) Enter any commercial premises during normal business	28069
hours, except that in the event such premises are not open to the	28070
public, hethe director or official shall first present ~~his~~the	28071
director's or official's credentials and obtain consent before	28072
making entry thereto, unless a search warrant previously has been	28073
obtained;	28074

(2) Issue stop-use, hold, and removal orders with respect to	28075
any weights and measures commercially used, and stop-sale, hold,	28076
and removal orders with respect to any packaged commodities or	28077
bulk commodity observed to be or believed to be ~~kept, offered, or~~	28078
~~exposed for sale~~sold;	28079

(3) Seize for use as evidence any incorrect or unapproved	28080
weight or measure or any package or commodity found to be used,	28081
retained, ~~offered or exposed for sale,~~ or sold in violation of	28082
sections 1327.46 to 1327.61 of the Revised Code or rules	28083
~~promulgated~~adopted pursuant thereto.	28084

(B) The director shall afford an opportunity for a hearing in	28085
accordance with Chapter 119. of the Revised Code to any owner or	28086
operator whose property is seized by the ~~Ohio~~ department of	28087
agriculture.	28088

Sec. 1327.511. All money collected under ~~section~~sections	28089
1327.50 and 1327.501 of the Revised Code from fees and for	28090
services rendered by the department of agriculture in operating	28091
the type evaluation program, a metrology laboratory program, and	28092
the device permitting program shall be deposited in the state	28093
treasury to the credit of the metrology and scale certification	28094
and device permitting fund, which is hereby created. Money	28095
credited to the fund shall be used to pay operating costs incurred	28096
by the department in administering the ~~program~~programs.	28097

Sec. 1327.54. No person shall misrepresent the price of any	28098
commodity or service sold~~, offered, exposed,~~ or advertised for	28099
sale by weight, measure, or count, nor represent the price in any	28100
manner calculated or tending to mislead or in any way deceive a	28101
person.	28102

Sec. 1327.57. (A) Except as otherwise provided by law, any	28103
consumer package or commodity in package form introduced or	28104
delivered for introduction into or received in intrastate	28105
commerce~~, kept for the purpose of sale, or offered~~ or ~~exposed for~~	28106
~~sale~~sold in intrastate commerce shall bear on the outside of the	28107
package a definite, plain, and conspicuous declaration, as may be	28108
prescribed by rule adopted by the director of agriculture, of any	28109
of the following, as applicable:	28110

(1) The identity of the commodity in the package unless the	28111
same can easily be identified through the wrapper or container;	28112

(2) The net quantity of the contents in terms of weight,	28113
measure, or count;	28114

(3) In the case of any package ~~kept, or offered or exposed~~	28115
~~for sale, or~~ sold at any place other than on the premises where	28116
packed, the name and place of business of the manufacturer,	28117
packer, or distributor.	28118

This section does not apply to beer or intoxicating liquor as	28119
defined in section 4301.01 of the Revised Code, or packages	28120
thereof, or to malt or brewer's wort, or packages thereof.	28121

(B) Under division (A)(2) of this section, neither the	28122
qualifying term "when packed" or any words of similar import, nor	28123
any term qualifying a unit of weight, measure, or count that tends	28124
to exaggerate the amount of commodity in a package, shall be used.	28125

(C) In addition to the declarations required by division (A)	28126
of this section, any package or commodity in package form, if the	28127
package is one of a lot containing random weights, measures, or	28128
counts of the same commodity and bears the total selling price of	28129
the package, shall bear on the outside of the package a plain and	28130
conspicuous declaration of the price per single unit of weight,	28131
measure, or count.	28132

(D) No package or commodity in package form shall be so	28133
wrapped, nor shall it be in a container so made, formed, or	28134
filled, as to mislead the purchaser as to the quantity of the	28135
contents of the package, and the contents of a container shall not	28136
fall below any reasonable standard of fill that may have been	28137
prescribed for the commodity in question by the director.	28138

Sec. 1327.62. Whenever the director of agriculture, or ~~his~~	28139
the director's designee, has cause to believe that any person has	28140
violated, or is violating~~, section~~any provision of sections	28141
~~1327.54 or~~1327.46 to 1327.61 of the Revised Code or a rule	28142
adopted under them, hethe director, or ~~his~~the director's	28143
designee, may conduct a hearing in accordance with Chapter 119. of	28144
the Revised Code to determine whether a violation has occurred. If	28145
the director or ~~his~~the director's designee determines that the	28146
person has violated or is violating ~~section 1327.54 or~~any	28147
provision of sections 1327.46 to 1327.61 of the Revised Code or a	28148
rule adopted under it, hethe director or the director's designee	28149
may assess a civil penalty against the person. The person is	28150
liable for a civil penalty of not more than five hundred dollars	28151
for a first violation; for a second violation the person is liable	28152
for a civil penalty of not more than two thousand five hundred	28153
dollars; for each subsequent violation that occurs within five	28154
years after the second violation, the person is liable for a civil	28155
penalty of not more than ten thousand dollars.	28156

Any person assessed a civil penalty under this section shall	28157
pay the amount prescribed to the department of agriculture. The	28158
department shall remit all moneys collected under this section to	28159
the treasurer of state for deposit in the general revenue fund.	28160

Sec. 1327.99. Whoever violates section 1327.501 or 1327.54	28161
or division (A), (B), (C), or (D) of section 1327.61 of the	28162
Revised Code or a rule adopted under sections 1327.46 to 1327.61	28163
of the Revised Code is guilty of a misdemeanor of the second	28164
degree on a first offense; on each subsequent offense within seven	28165
years after the first offense, such person is guilty of a	28166
misdemeanor of the first degree.	28167

Sec. 1329.04. Registration of a trade name or report of a	28168
fictitious name, under sections 1329.01 to 1329.10 of the Revised	28169
Code, shall be effective for a term of five years from the date of	28170
registration or report. Upon application filed within six months	28171
prior to the expiration of such term, on a form furnished by the	28172
secretary of state, the registration or report may be renewed at	28173
the end of each five-year period for a like term, provided that a	28174
general partnership shall renew its registration or report	28175
whenever any partner named on its registration or report ceases to	28176
be a partner. Such a renewal shall extend the registration or	28177
report for five years, unless further changes occur in the	28178
interim. The renewal fee specified in division (S)(3) of section	28179
111.16 of the Revised Code, payable to the secretary of state,	28180
shall accompany the application for renewal of the registration or	28181
report.	28182

The secretary of state shall notify persons who have	28183
registered trade names or reported fictitious names, within the	28184
six months next preceding the expiration of the five years from	28185
the date of registration or report, of the necessity of renewal by	28186
~~writing~~ordinary or electronic mail to the last known physical or	28187
electronic mail address of such persons.	28188

Sec. 1329.42. A person who uses in this state a name, mark,	28189
or device to indicate ownership of articles or supplies may file	28190
in the office of the secretary of state, on a form to be	28191
prescribed by the secretary of state, a verified statement setting	28192
forth, but not limited to, the following information:	28193

(A) The name and business address of the person filing the	28194
statement; and, if a corporation, the state of incorporation;	28195

(B) The nature of the business of the applicant;

28196

(C) The type of articles or supplies in connection with which	28197
the name, mark, or device is used.	28198

The statement shall include or be accompanied by a specimen	28199
evidencing actual use of the name, mark, or device, together with	28200
the filing fee specified in division (U)(1) of section 111.16 of	28201
the Revised Code. The registration of a name, mark, or device	28202
pursuant to this section is effective for a ten-year period	28203
beginning on the date of registration. If an application for	28204
renewal is filed within six months prior to the expiration of the	28205
ten-year period on a form prescribed by the secretary of state,	28206
the registration may be renewed at the end of each ten-year period	28207
for an additional ten-year period. The renewal fee specified in	28208
division (U)(2) of section 111.16 of the Revised Code shall	28209
accompany the application for renewal. The secretary of state	28210
shall notify a registrant within the six months next preceding the	28211
expiration of ten years from the date of registration of the	28212
necessity of renewal by ~~writing~~ordinary or electronic mail to the	28213
last known physical or electronic mail address of the registrant.	28214

Sec. 1332.24. (A)(1) In accordance with section 1332.25 of	28215
the Revised Code, the director of commerce may issue to any	28216
person, or renew, a video service authorization, which	28217
authorization confers on the person the authority, subject to	28218
sections 1332.21 to 1332.34 of the Revised Code, to provide video	28219
service in its video service area; construct and operate a video	28220
service network in, along, across, or on public rights-of-way for	28221
the provision of video service; and, when necessary to provide	28222
that service, exercise the power of a telephone company under	28223
section 4931.04 of the Revised Code. The term of a video service	28224
authorization or authorization renewal shall be ten years.	28225

(2) For the purposes of the "Cable Communications Policy Act	28226
of 1984," Pub. L. No. 98-549, 98 Stat. 2779, 47 U.S.C. 521 et	28227
seq., a video service authorization shall constitute a franchise	28228
under that law, and the director shall be the sole franchising	28229
authority under that law for video service authorizations in this	28230
state.	28231

(3) The director may impose upon and collect an annual	28232
assessment on video service providers. All money collected under	28233
division (A)(3) of this section shall be deposited in the state	28234
treasury to the credit of the ~~division of administration~~video	28235
service authorization fund created under section ~~121.08~~1332.25	28236
of the Revised Code. The total amount assessed in a fiscal year	28237
shall not exceed the lesser of four hundred fifty thousand dollars	28238
or, as shall be determined annually by the director, the	28239
department's actual, current fiscal year administrative costs in	28240
carrying out its duties under sections 1332.21 to 1332.34 of the	28241
Revised Code. The director shall allocate that total amount	28242
proportionately among the video service providers to be assessed,	28243
using a formula based on subscriber counts as of the thirty-first	28244
day of December of the preceding calendar year, which counts shall	28245
be submitted to the director not later than the thirty-first day	28246
of January of each year, via a notarized statement signed by an	28247
authorized officer. Any information submitted by a video service	28248
provider to the director for the purpose of determining subscriber	28249
counts shall be considered trade secret information, shall not be	28250
disclosed except by court order, and shall not constitute a public	28251
record under section 149.43 of the Revised Code. On or about the	28252
first day of June of each year, the director shall send to each	28253
video service provider to be assessed written notice of its	28254
proportional amount of the total assessment. The provider shall	28255
pay that amount on a quarterly basis not later than forty-five	28256
days after the end of each calendar quarter. After the initial	28257
assessment, the director annually shall reconcile the amount	28258
collected with the total, current amount assessed pursuant to this	28259
section, and either shall charge each assessed video service	28260
provider its respective proportion of any insufficiency or	28261
proportionately credit the provider's next assessment for any	28262
excess collected.	28263

(B)(1) The director may investigate alleged violations of or	28264
failures to comply with division (A) of section 1332.23, division	28265
(A) of this section, division (C) of section 1332.25, division (C)	28266
or (D) of section 1332.26, division (A), (B), or (C) of section	28267
1332.27, division (A) of section 1332.28, division (A) or (B) of	28268
section 1332.29, or section 1332.30 or 1332.31 of the Revised	28269
Code, or complaints concerning any such violation or failure.	28270
Except as provided in this section, the director has no authority	28271
to regulate video service in this state, including, but not	28272
limited to, the rates, terms, or conditions of that service.	28273

(2) In conducting an investigation under division (B)(1) of	28274
this section, the director, by subpoena, may compel witnesses to	28275
testify in relation to any matter over which the director has	28276
jurisdiction and may require the production of any book, record,	28277
or other document pertaining to that matter. If a person fails to	28278
file any statement or report, obey any subpoena, give testimony,	28279
produce any book, record, or other document as required by a	28280
subpoena, or permit photocopying of any book, record, or other	28281
document subpoenaed, the court of common pleas of any county in	28282
this state, upon application made to it by the director, shall	28283
compel obedience by attachment proceedings for contempt, as in the	28284
case of disobedience of the requirements of a subpoena issued from	28285
the court or a refusal to testify.	28286

(C)(1) If the director finds that a person has violated or	28287
failed to comply with division (A) of section 1332.23, division	28288
(A) of this section, division (C) of section 1332.25, division (C)	28289
or (D) of section 1332.26, division (A), (B), or (C) of section	28290
1332.27, division (A) of section 1332.28, division (A) or (B) of	28291
section 1332.29, or section 1332.30 or 1332.31 of the Revised	28292
Code, and the person has failed to cure the violation or failure	28293
after reasonable, written notice and reasonable time to cure, the	28294
director may do any of the following:	28295

(a) Apply to the court of common pleas of any county in this	28296
state for an order enjoining the activity or requiring compliance.	28297
Such an action shall be commenced not later than three years after	28298
the date the alleged violation or failure occurred or was	28299
reasonably discovered. Upon a showing by the director that the	28300
person has engaged in a violation or failure to comply, the court	28301
shall grant an injunction, restraining order, or other appropriate	28302
relief.	28303

(b) Enter into a written assurance of voluntary compliance	28304
with the person;	28305

(c) Pursuant to an adjudication under Chapter 119. of the	28306
Revised Code, assess a civil penalty in an amount determined by	28307
the director, including for any failure to comply with an	28308
assurance of voluntary compliance under division (C)(1)(b) of this	28309
section. The amount shall be not more than one thousand dollars	28310
for each day of violation or noncompliance, not to exceed a total	28311
of ten thousand dollars, counting all subscriber impacts as a	28312
single violation or act of noncompliance. In determining whether a	28313
civil penalty is appropriate under division (C)(1)(c) of this	28314
section, the director shall consider all of the following factors:	28315

(i) The seriousness of the noncompliance;

28316

(ii) The good faith efforts of the person to comply;

28317

(iii) The person's history of noncompliance;

28318

(iv) The financial resources of the person;

28319

(v) Any other matter that justice requires.

28320

Civil penalties collected pursuant to division (C)(1)(c) of	28321
this section shall be deposited to the credit of the video service	28322
enforcement fund in the state treasury, which is hereby created,	28323
to be used by the department of commerce in carrying out its	28324
duties under this section.	28325

(2) Pursuant to an adjudication under Chapter 119. of the	28326
Revised Code, the director may revoke, in whole or in part, the	28327
video service authorization of any person that has repeatedly and	28328
knowingly violated or failed to comply with division (A) of	28329
section 1332.23, division (A) of this section, division (C) of	28330
section 1332.25, division (C) or (D) of section 1332.26, division	28331
(A), (B), or (C) of section 1332.27, division (A) of section	28332
1332.28, division (A) or (B) of section 1332.29, or section	28333
1332.30 or 1332.31 of the Revised Code and that has failed to cure	28334
the violations or noncompliances after reasonable written notice	28335
and reasonable time to cure. Such person acts knowingly,	28336
regardless of the person's purpose, when the person is aware that	28337
the person's conduct will probably cause a certain result or will	28338
probably be of a certain nature. A person has knowledge of	28339
circumstances when the person is aware that such circumstances	28340
probably exist.	28341

(3) The court shall conduct a de novo review in any appeal	28342
from an adjudication under division (C)(1)(c) or (C)(2) of this	28343
section.	28344

(D) The public utilities commission has no authority over a	28345
video service provider in its offering of video service or a cable	28346
operator in its offering of cable or video service, or over any	28347
person in its offering of video service pursuant to a competitive	28348
video service agreement.	28349

Sec. 1345.52. There is hereby created in the state treasury	28350
the title defect recision fund. The fund shall consist of ~~moneys~~	28351
money collected under section 4505.09 of the Revised Code when a	28352
motor vehicle dealer is issued a certificate of title, money	28353
collected under section 4517.10 of the Revised Code when the	28354
registrar of motor vehicles grants the initial application of a	28355
person for a license as a motor vehicle dealer or motor vehicle	28356
leasing dealer, money paid to the attorney general by motor	28357
vehicle dealers under division (A)(2) of section 4505.181 of the	28358
Revised Code for deposit into the fund, the proceeds of all sales	28359
conducted and collections obtained by the attorney general under	28360
division ~~(D)~~(E) of that section, and any recoveries to the fund	28361
obtained by the attorney general in actions filed under section	28362
1345.07 of the Revised Code for violations of section 4505.181 of	28363
the Revised Code.	28364

~~Moneys~~Money in the fund shall be used solely for maintaining	28365
and administering the fund, providing restitution or other	28366
remedies pursuant to division ~~(D)~~(E)(1) or (F) of section 4505.181	28367
of the Revised Code to retail purchasers of motor vehicles who	28368
suffer damages due to failure of a motor vehicle dealer or person	28369
acting on behalf of such a dealer to comply with that section, and	28370
pursuit of deficiencies in the fund caused by the failure of motor	28371
vehicle dealers to comply with divisions (A), (B), and (G) of that	28372
section. The attorney general may adopt rules governing the	28373
maintenance and administration of the fund.	28374

Sec. 1345.73. It(A) Except as provided in division (B) of	28375
this section, it shall be presumed that a reasonable number of	28376
attempts have been undertaken by the manufacturer, its dealer, or	28377
its authorized agent to conform a motor vehicle to any applicable	28378
express warranty if, during the period of one year following the	28379
date of original delivery or during the first eighteen thousand	28380
miles of operation, whichever is earlier, any of the following	28381
apply:	28382

~~(A)~~(1) Substantially the same nonconformity has been subject	28383
to repair three or more times and either continues to exist or	28384
recurs;	28385

~~(B)~~(2) The vehicle is out of service by reason of repair for	28386
a cumulative total of thirty or more calendar days;	28387

~~(C)~~(3) There have been eight or more attempts to repair any	28388
nonconformity;	28389

~~(D)~~(4) There has been at least one attempt to repair a	28390
nonconformity that results in a condition that is likely to cause	28391
death or serious bodily injury if the vehicle is driven, and the	28392
nonconformity either continues to exist or recurs.	28393

(B)(1) Any period of time described in division (A) of this	28394
section shall be extended by any period of time during which the	28395
vehicle could not be reasonably repaired due to war, invasion,	28396
civil unrest, strike, fire, flood, or natural disaster.	28397

(2) If an extension of time is necessitated under division	28398
(B)(1) of this section due to the conditions described in that	28399
division, the manufacturer shall arrange for the use of a vehicle	28400
for the consumer whose vehicle is out of service at no cost to the	28401
consumer. If the manufacturer utilizes or contracts with a motor	28402
vehicle dealer or other third party to provide the vehicle, the	28403
manufacturer shall reimburse the motor vehicle dealer or other	28404
third party at a reasonable rate for the use of the vehicle.	28405

Sec. 1501.01. (A) Except where otherwise expressly provided,	28406
the director of natural resources shall formulate and institute	28407
all the policies and programs of the department of natural	28408
resources. The chief of any division of the department shall not	28409
enter into any contract, agreement, or understanding unless it is	28410
approved by the director. No appointee or employee of the	28411
director, other than the assistant director, may bind the director	28412
in a contract except when given general or special authority to do	28413
so by the director.	28414

The director may enter into contracts or agreements with any	28415
agency of the United States government, any other public agency,	28416
or any private entity or organization for the performance of the	28417
duties of the department.	28418

(B) The director shall correlate and coordinate the work and	28419
activities of the divisions in the department to eliminate	28420
unnecessary duplications of effort and overlapping of functions.	28421
The chiefs of the various divisions of the department shall meet	28422
with the director at least once each month at a time and place	28423
designated by the director.	28424

The director may create advisory boards to any of those	28425
divisions in conformity with section 121.13 of the Revised Code.	28426

(C) The director may accept and expend gifts, devises, and	28427
bequests of money, lands, and other properties on behalf of the	28428
department or any division thereof under the terms set forth in	28429
section 9.20 of the Revised Code. Any political subdivision of	28430
this state may make contributions to the department for the use of	28431
the department or any division therein according to the terms of	28432
the contribution.	28433

(D) The director may publish and sell or otherwise distribute	28434
data, reports, and information.	28435

(E) The director may identify and develop the geographic	28436
information system needs for the department, which may include,	28437
but not be limited to, all of the following:	28438

(1) Assisting in the training and education of department	28439
resource managers, administrators, and other staff in the	28440
application and use of geographic information system technology;	28441

(2) Providing technical support to the department in the	28442
design, preparation of data, and use of appropriate geographic	28443
information system applications in order to help solve resource	28444
related problems and to improve the effectiveness and efficiency	28445
of department delivered services;	28446

(3) Creating, maintaining, and documenting spatial digital	28447
data bases;	28448

(4) Providing information to and otherwise assisting	28449
government officials, planners, and resource managers in	28450
understanding land use planning and resource management;	28451

(5) Providing continuing assistance to local government	28452
officials and others in natural resource digital data base	28453
development and in applying and utilizing the geographic	28454
information system for land use planning, current agricultural use	28455
value assessment, development reviews, coastal management, and	28456
other resource management activities;	28457

(6) Coordinating and administering the remote sensing needs	28458
of the department, including the collection and analysis of aerial	28459
photography, satellite data, and other data pertaining to land,	28460
water, and other resources of the state;	28461

(7) Preparing and publishing maps and digital data relating	28462
to the state's land use and land cover over time on a local,	28463
regional, and statewide basis;	28464

(8) Locating and distributing hard copy maps, digital data,	28465
aerial photography, and other resource data and information to	28466
government agencies and the public;	28467

(9) Preparing special studies and executing any other related	28468
duties, functions, and responsibilities identified by the	28469
director;	28470

(10) Entering into contracts or agreements with any agency of	28471
the United States government, any other public agency, or any	28472
private agency or organization for the performance of the duties	28473
specified in division (E) of this section or for accomplishing	28474
cooperative projects within those duties;	28475

(11) Entering into agreements with local government agencies	28476
for the purposes of land use inventories, Ohio capability analysis	28477
data layers, and other duties related to resource management.	28478

(F) The director shall adopt rules in accordance with Chapter	28479
119. of the Revised Code to permit the department to accept by	28480
means of a credit card the payment of fees, charges, and rentals	28481
at those facilities described in section 1501.07 of the Revised	28482
Code that are operated by the department, for any data, reports,	28483
or information sold by the department, and for any other goods or	28484
services provided by the department.	28485

(G) Whenever authorized by the governor to do so, the	28486
director may appropriate property for the uses and purposes	28487
authorized to be performed by the department and on behalf of any	28488
division within the department. This authority shall be exercised	28489
in the manner provided in sections 163.01 to 163.22 of the Revised	28490
Code for the appropriation of property by the director of	28491
administrative services. This authority to appropriate property is	28492
in addition to the authority provided by law for the appropriation	28493
of property by divisions of the department. The director of	28494
natural resources also may acquire by purchase, lease, or	28495
otherwise such real and personal property rights or privileges in	28496
the name of the state as are necessary for the purposes of the	28497
department or any division therein. The director, with the	28498
approval of the governor and the attorney general, may sell,	28499
lease, or exchange portions of lands or property, real or	28500
personal, of any division of the department or grant easements or	28501
licenses for the use thereof, or enter into agreements for the	28502
sale of water from lands and waters under the administration or	28503
care of the department or any of its divisions, when the sale,	28504
lease, exchange, easement, agreement, or license for use is	28505
advantageous to the state, provided that such approval is not	28506
required for leases and contracts made under section 1501.07,	28507
1501.09, or 1520.03 or Chapter 1523. of the Revised Code. Water	28508
may be sold from a reservoir only to the extent that the reservoir	28509
was designed to yield a supply of water for a purpose other than	28510
recreation or wildlife, and the water sold is in excess of that	28511
needed to maintain the reservoir for purposes of recreation or	28512
wildlife.	28513

Money received from such sales, leases, easements, exchanges,	28514
agreements, or licenses for use, except revenues required to be	28515
set aside or paid into depositories or trust funds for the payment	28516
of bonds issued under sections 1501.12 to 1501.15 of the Revised	28517
Code, and to maintain the required reserves therefor as provided	28518
in the orders authorizing the issuance of such bonds or the trust	28519
agreements securing such bonds, revenues required to be paid and	28520
credited pursuant to the bond proceeding applicable to obligations	28521
issued pursuant to section 154.22, and revenues generated under	28522
section 1520.05 of the Revised Code, shall be deposited in the	28523
state treasury to the credit of the fund of the division of the	28524
department having prior jurisdiction over the lands or property.	28525
If no such fund exists, the money shall be credited to the general	28526
revenue fund. All such money received from lands or properties	28527
administered by the division of wildlife shall be credited to the	28528
wildlife fund.	28529

(H) The director shall provide for the custody, safekeeping,	28530
and deposit of all moneys, checks, and drafts received by the	28531
department or its employees prior to paying them to the treasurer	28532
of state under section 113.08 of the Revised Code.	28533

(I) The director shall cooperate with the nature conservancy,	28534
other nonprofit organizations, and the United States fish and	28535
wildlife service in order to secure protection of islands in the	28536
Ohio river and the wildlife and wildlife habitat of those islands.	28537

(J) Any instrument by which real property is acquired	28538
pursuant to this section shall identify the agency of the state	28539
that has the use and benefit of the real property as specified in	28540
section 5301.012 of the Revised Code.	28541

Sec. 1501.022. There is hereby created in the state treasury	28542
the injection well review fund consisting of moneys transferred to	28543
it under section 6111.046 of the Revised Code. Moneys in the fund	28544
shall be used by the chiefs of the divisions of mineral resources	28545
management, oil and gas resources management, geological survey,	28546
and soil and water resources in the department of natural	28547
resources exclusively for the purpose of executing their duties	28548
under sections 6111.043 to 6111.047 of the Revised Code.	28549

Sec. 1501.40. The department of natural resources is the	28550
designated state agency responsible for the coordination and	28551
administration of sections 120 to 136 of the "National and	28552
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.A.	28553
12401 to 12456, as amended. With the assistance of the Ohio	28554
~~community~~commission on service ~~council~~and volunteerism created	28555
in section 121.40 of the Revised Code, the director of natural	28556
resources shall coordinate with other state agencies to apply for	28557
funding under the act when appropriate and shall administer any	28558
federal funds the state receives under sections 120 to 136 of the	28559
act.	28560

Sec. 1503.05. (A) The chief of the division of forestry may	28561
sell timber and other forest products from the state forest and	28562
state forest nurseries whenever the chief considers such a sale	28563
desirable and, with the approval of the attorney general and the	28564
director of natural resources, may sell portions of the state	28565
forest lands when such a sale is advantageous to the state.	28566

(B) Except as otherwise provided in this section, a timber	28567
sale agreement shall not be executed unless the person or	28568
governmental entity bidding on the sale executes and files a	28569
surety bond conditioned on completion of the timber sale in	28570
accordance with the terms of the agreement in an amount equal to	28571
twenty-five per cent of the highest value cutting section. All	28572
bonds shall be given in a form prescribed by the chief and shall	28573
run to the state as obligee.	28574

The chief shall not approve any bond until it is personally	28575
signed and acknowledged by both principal and surety, or as to	28576
either by the attorney in fact thereof, with a certified copy of	28577
the power of attorney attached. The chief shall not approve the	28578
bond unless there is attached a certificate of the superintendent	28579
of insurance that the company is authorized to transact a fidelity	28580
and surety business in this state.	28581

In lieu of a bond, the bidder may deposit any of the	28582
following:	28583

(1) Cash in an amount equal to the amount of the bond;

28584

(2) United States government securities having a par value	28585
equal to or greater than the amount of the bond;	28586

(3) Negotiable certificates of deposit or irrevocable letters	28587
of credit issued by any bank organized or transacting business in	28588
this state having a par value equal to or greater than the amount	28589
of the bond.	28590

The cash or securities shall be deposited on the same terms	28591
as bonds. If one or more certificates of deposit are deposited in	28592
lieu of a bond, the chief shall require the bank that issued any	28593
of the certificates to pledge securities of the aggregate market	28594
value equal to the amount of the certificate or certificates that	28595
is in excess of the amount insured by the federal deposit	28596
insurance corporation. The securities to be pledged shall be those	28597
designated as eligible under section 135.18 of the Revised Code.	28598
The securities shall be security for the repayment of the	28599
certificate or certificates of deposit.	28600

Immediately upon a deposit of cash, securities, certificates	28601
of deposit, or letters of credit, the chief shall deliver them to	28602
the treasurer of state, who shall hold them in trust for the	28603
purposes for which they have been deposited. The treasurer of	28604
state is responsible for the safekeeping of the deposits. A bidder	28605
making a deposit of cash, securities, certificates of deposit, or	28606
letters of credit may withdraw and receive from the treasurer of	28607
state, on the written order of the chief, all or any portion of	28608
the cash, securities, certificates of deposit, or letters of	28609
credit upon depositing with the treasurer of state cash, other	28610
United States government securities, or other negotiable	28611
certificates of deposit or irrevocable letters of credit issued by	28612
any bank organized or transacting business in this state, equal in	28613
par value to the par value of the cash, securities, certificates	28614
of deposit, or letters of credit withdrawn.	28615

A bidder may demand and receive from the treasurer of state	28616
all interest or other income from any such securities or	28617
certificates as it becomes due. If securities so deposited with	28618
and in the possession of the treasurer of state mature or are	28619
called for payment by their issuer, the treasurer of state, at the	28620
request of the bidder who deposited them, shall convert the	28621
proceeds of the redemption or payment of the securities into other	28622
United States government securities, negotiable certificates of	28623
deposit, or cash as the bidder designates.	28624

When the chief finds that a person or governmental agency has	28625
failed to comply with the conditions of the person's or	28626
governmental agency's bond, the chief shall make a finding of that	28627
fact and declare the bond, cash, securities, certificates, or	28628
letters of credit forfeited. The chief thereupon shall certify the	28629
total forfeiture to the attorney general, who shall proceed to	28630
collect the amount of the bond, cash, securities, certificates, or	28631
letters of credit.	28632

In lieu of total forfeiture, the surety, at its option, may	28633
cause the timber sale to be completed or pay to the treasurer of	28634
state the cost thereof.	28635

All moneys collected as a result of forfeitures of bonds,	28636
cash, securities, certificates, and letters of credit under this	28637
section shall be credited to the state forest fund created in this	28638
section.	28639

(C) The chief may grant easements and leases on portions of	28640
the state forest lands and state forest nurseries under terms that	28641
are advantageous to the state, and the chief may grant mineral	28642
rights on a royalty basis on those lands and nurseries, with the	28643
approval of the attorney general and the director.	28644

(D) All moneys received from the sale of state forest lands,	28645
or in payment for easements or leases on or as rents from those	28646
lands or from state forest nurseries, shall be paid into the state	28647
treasury to the credit of the state forest fund, which is hereby	28648
created. In addition, all moneys received from federal grants,	28649
payments, and reimbursements, from the sale of reforestation tree	28650
stock, from the sale of forest products, other than standing	28651
timber, and from the sale of minerals taken from the state forest	28652
lands and state forest nurseries, together with royalties from	28653
mineral rights, shall be paid into the state treasury to the	28654
credit of the state forest fund. Any other revenues derived from	28655
the operation of the state forests and related facilities or	28656
equipment also shall be paid into the state treasury to the credit	28657
of the state forest fund, as shall contributions received for the	28658
issuance of Smokey Bear license plates under section 4503.574 of	28659
the Revised Code and any other moneys required by law to be	28660
deposited in the fund.	28661

The state forest fund shall not be expended for any purpose	28662
other than the administration, operation, maintenance,	28663
development, or utilization of the state forests, forest	28664
nurseries, and forest programs, for facilities or equipment	28665
incident to them, or for the further purchase of lands for state	28666
forest or forest nursery purposes and, in the case of	28667
contributions received pursuant to section 4503.574 of the Revised	28668
Code, for fire prevention purposes.	28669

All moneys received from the sale of standing timber taken	28670
from state forest lands and state forest nurseries shall be	28671
deposited into the state treasury to the credit of the forestry	28672
holding account redistribution fund, which is hereby created. The	28673
moneys shall remain in the fund until they are redistributed in	28674
accordance with this division.	28675

The redistribution shall occur at least once each year. To	28676
begin the redistribution, the chief first shall determine the	28677
amount of all standing timber sold from state forest lands and	28678
state forest nurseries, together with the amount of the total sale	28679
proceeds, in each county, in each township within the county, and	28680
in each school district within the county. The chief next shall	28681
determine the amount of the direct costs that the division of	28682
forestry incurred in association with the sale of that standing	28683
timber. The amount of the direct costs shall be subtracted from	28684
the amount of the total sale proceeds and shall be transferred	28685
from the forestry holding account redistribution fund to the state	28686
forest fund.	28687

The remaining amount of the total sale proceeds equals the	28688
net value of the standing timber that was sold. The chief shall	28689
determine the net value of standing timber sold from state forest	28690
lands and state forest nurseries in each county, in each township	28691
within the county, and in each school district within the county	28692
and shall send to each county treasurer a copy of the	28693
determination at the time that moneys are paid to the county	28694
treasurer under this division.	28695

~~Twenty-five~~Thirty-five per cent of the net value of standing	28696
timber sold from state forest lands and state forest nurseries	28697
located in a county shall be transferred from the forestry holding	28698
account redistribution fund to the state forest fund. ~~Ten per cent~~	28699
~~of that net value shall be transferred from the forestry holding~~	28700
~~account redistribution fund to the general revenue fund.~~ The	28701
remaining sixty-five per cent of the net value shall be	28702
transferred from the forestry holding account redistribution fund	28703
and paid to the county treasurer for the use of the general fund	28704
of that county.	28705

The county auditor shall do all of the following:

28706

(1) Retain for the use of the general fund of the county	28707
one-fourth of the amount received by the county under division (D)	28708
of this section;	28709

(2) Pay into the general fund of any township located within	28710
the county and containing such lands and nurseries one-fourth of	28711
the amount received by the county from standing timber sold from	28712
lands and nurseries located in the township;	28713

(3) Request the board of education of any school district	28714
located within the county and containing such lands and nurseries	28715
to identify which fund or funds of the district should receive the	28716
moneys available to the school district under division (D)(3) of	28717
this section. After receiving notice from the board, the county	28718
auditor shall pay into the fund or funds so identified one-half of	28719
the amount received by the county from standing timber sold from	28720
lands and nurseries located in the school district, distributed	28721
proportionately as identified by the board.	28722

The division of forestry shall not supply logs, lumber, or	28723
other forest products or minerals, taken from the state forest	28724
lands or state forest nurseries, to any other agency or	28725
subdivision of the state unless payment is made therefor in the	28726
amount of the actual prevailing value thereof. This section is	28727
applicable to the moneys so received.	28728

(E) The chief may enter into a personal service contract for	28729
consulting services to assist the chief with the sale of timber or	28730
other forest products and related inventory. Compensation for	28731
consulting services shall be paid from the proceeds of the sale of	28732
timber or other forest products and related inventory that are the	28733
subject of the personal service contract.	28734

Sec. 1503.141. There is hereby created in the state treasury	28735
the wildfire suppression fund. The fund shall consist of any	28736
federal moneys received for the purposes of this section and	28737
donations, gifts, bequests, and other moneys received for those	28738
purposes. In addition, the chief of the division of forestry	28739
annually may request that the director of budget and management	28740
transfer, and, if so requested, the director shall transfer, not	28741
more than one hundred thousand dollars to the wildfire suppression	28742
fund from the ~~general revenue~~state forest fund created in section	28743
1503.05 of the Revised Code. The amount transferred shall consist	28744
only of money deposited into the ~~general revenue~~state forest fund	28745
from the sale of standing timber taken from state forest lands as	28746
set forth in that section ~~1503.05 of the Revised Code~~.	28747

The chief shall use moneys in the wildfire suppression fund	28748
to reimburse firefighting agencies and private fire companies for	28749
their costs incurred in the suppression of wildfires. The chief	28750
shall provide such reimbursement pursuant to agreements and	28751
contracts entered into under section 1503.14 of the Revised Code	28752
and in accordance with the following schedule:	28753

(A) For wildfire suppression on private land, an initial	28754
seventy-dollar payment to the firefighting agency or private fire	28755
company;	28756

(B) For wildfire suppression on land under the administration	28757
or care of the department of natural resources or on land that is	28758
part of any national forest administered by the United States	28759
department of agriculture forest service, an initial	28760
one-hundred-dollar payment to the firefighting agency or private	28761
fire company;	28762

(C) For any wildfire suppression on land specified in	28763
division (A) or (B) of this section lasting more than two hours,	28764
an additional payment of thirty-five dollars per hour.	28765

If at any time moneys in the fund exceed two hundred thousand	28766
dollars, the chief shall disburse the moneys that exceed that	28767
amount to the firefighting agencies and private fire companies in	28768
accordance with rules that the chief shall adopt in accordance	28769
with Chapter 119. of the Revised Code. The rules shall establish	28770
requirements and procedures that are similar in purpose and	28771
operation to the federal rural community fire protection program	28772
established under the "Cooperative Forestry Assistance Act of	28773
1978," 92 Stat. 365, 16 U.S.C.A. 2101, as amended.	28774

As used in this section, "firefighting agency" and "private	28775
fire company" have the same meanings as in section 9.60 of the	28776
Revised Code.	28777

Sec. 1505.01. The division of geological survey:

28778

(A) Shall collect, study, and interpret all available	28779
information pertaining to the geomorphology, stratigraphy,	28780
paleontology, mineralogy, and geologic structure of the state and	28781
shall publish reports on the same;	28782

(B) Shall collect, study, and interpret all available data	28783
pertaining to the origin, distribution, extent, use, and valuation	28784
of mineralogical and geological raw materials and natural	28785
resources such as: clays, coals, building stones, gypsum, salt,	28786
limestones ~~and~~, dolomite, aggregates, sand, gravel, shales ~~for~~	28787
~~cement and other uses, petroleum~~, oil, natural gas, brines, ~~saline~~	28788
~~deposits,~~ molding sands, and other natural substances of use and	28789
value, excluding only those pertaining to water usable as such for	28790
agricultural, industrial, commercial, and domestic purposes, but	28791
not excluding other rock fluids such as natural and artificial	28792
brines and oil-well fluids;	28793

(C) Shall make special studies and reports of resources of	28794
geological nature within the state ~~which~~that in its discretion	28795
are of current or potential economic, environmental, or	28796
educational significance or of significance to the health,	28797
welfare, and safety of the public;	28798

(D) May examine the technological processes by which mining,	28799
quarrying, or other extracting processes may be improved, or by	28800
which materials now uneconomical to exploit may be extracted and	28801
used commercially for the public welfare;	28802

(E) Shall make, store, catalog, and have available ~~for~~	28803
~~distribution~~in perpetuity data, maps, diagrams, records, rock	28804
cores, samples, profiles, and geologic sections portraying the	28805
geological characteristics and topography of the state, both of	28806
general nature and of specific localities;	28807

(F) May~~, or at the request of other agencies of the state~~	28808
~~government shall,~~ advise ~~and~~, consult, or collaborate with	28809
representatives of ~~those~~ agencies of the state, other state	28810
governments, or the United States government on problems or issues	28811
of a geological nature;	28812

(G) Shall advise, consult, or collaborate with	28813
representatives of agencies of the state, other state governments,	28814
or the United States government on problems or issues of a	28815
geological nature when requested by such an agency or government;	28816

(H) May create custom maps, custom data sets, or other custom	28817
products for government agencies, colleges and universities, and	28818
persons;	28819

(I) May provide information on the geological nature of the	28820
state to government agencies, colleges and universities, and	28821
persons.	28822

Sec. 1505.04. (A) Any person, firm, government agency, or	28823
corporation who, for hire, or by its own forces for economic use	28824
or exploration, drills, bores, or digs within the state a well for	28825
the production or extraction of any gas or liquid, excluding only	28826
water to be used as such, but including natural or artificial	28827
brines and oil-filled waters, or who drills ~~wells~~, bores, or digs	28828
within the state a well to explore geological formations, shall	28829
keep a careful and accurate log of ~~such~~the activity and report	28830
the same together with the results of any rock or fluid analyses	28831
or of any production ~~test results~~or pressure tests in such form	28832
as is designated by the division of geological survey to the chief	28833
of the division of geological survey.	28834

(B) The division may file such well logs and establish and	28835
observe such regulations regarding their availability and use as	28836
will meet the legitimate requirements of the owner or lessee of	28837
the well. Personnel of the division of may examine any such well	28838
during its construction to confirm the accuracy of the log and to	28839
collect samples of the cores, chips, fluids, gases, or sludge.	28840

(C) No person, firm, agency, or corporation shall fail to	28841
keep an accurate log or file a report as required in division (A)	28842
of this section.	28843

Sec. 1505.05. (A) Notwithstanding any other provision of the	28844
Revised Code to the contrary, the chief of the division of	28845
geological survey shall adopt rules under Chapter 119. of the	28846
Revised Code that establish a fee schedule for requests for	28847
manipulated, interpreted, or analyzed data from the geologic	28848
records, data, maps, rock cores, and samples archived by the	28849
division. The fee schedule may include the cost of specialized	28850
storage requirements, programming, labor, research, retrieval,	28851
data manipulation, and copying and mailing of records requested	28852
from the archives. In addition, the rules shall establish	28853
procedures for the levying and collection of the fees in the fee	28854
schedule.	28855

(B) For purposes of divisions (H) and (I) of section 1505.01	28856
of the Revised Code, the chief shall adopt rules under Chapter	28857
119. of the Revised Code that establish a fee schedule to be paid	28858
for creating custom maps, custom data sets, and other custom	28859
products and for providing geological information of the state.	28860
The fee schedule may include the costs of labor, research,	28861
analysis, equipment, and technology. In addition, the rules shall	28862
establish procedures for the levying and collection of the fees in	28863
the fee schedule.	28864

(C) The chief may reduce or waive a fee in a fee schedule	28865
established in rules adopted under division (A) or (B) of this	28866
section for a student that is enrolled in an institution of higher	28867
education.	28868

(D) Any revision to a fee schedule established in rules	28869
adopted under division (A) or (B) of this section shall be	28870
established in rules adopted under Chapter 119. of the Revised	28871
Code. A revision to a fee schedule is subject to review by the	28872
Ohio geology advisory council created in section 1505.11 of the	28873
Revised Code and to approval by the director of natural resources.	28874

(E) All fees collected under this section shall be credited	28875
to the geological mapping fund created in section 1505.09 of the	28876
Revised Code.	28877

Sec. 1505.06. The chief of the division of geological survey	28878
in the discharge of ~~his~~official duties under ~~section~~sections	28879
1505.01 to 1505.08~~, inclusive,~~ of the Revised Code, may call to	28880
~~his~~the chief's assistance, temporarily, any engineers or other	28881
employees in any state department, or in the Ohio state	28882
university, or other educational institutions financed wholly or	28883
in part by the state, for the purpose of making studies, surveys,	28884
maps, and plans for ~~erosion~~economic development or geologic	28885
hazards projects.	28886

Such engineers and employees shall not receive any additional	28887
compensation over that which they receive from the departments by	28888
which they are employed, but they shall be reimbursed for their	28889
actual necessary expenses incurred while working under the	28890
direction of the chief on ~~erosion~~the projects.	28891

Sec. 1505.09. There is hereby created in the state treasury	28892
the geological mapping fund, to be administered by the chief of	28893
the division of geological survey. The fund shall be used	28894
~~exclusively~~ for the purposes of performing the necessary field,	28895
laboratory, and administrative tasks to map and make public	28896
reports on the geology, geologic hazards, and energy and mineral	28897
resources ~~of each county~~ of the state. The source of moneys for	28898
the fund shall include, but not be limited to, the mineral	28899
severance tax as specified in section 5749.02 of the Revised Code	28900
and the fees collected under rules adopted under section 1505.05	28901
of the Revised Code. The chief may seek federal or other moneys in	28902
addition to the mineral severance tax and fees to carry out the	28903
purposes of this section. If the chief receives federal moneys for	28904
the purposes of this section, hethe chief shall deposit those	28905
moneys into the state treasury to the credit of a fund ~~which shall~~	28906
be created ~~at that time~~ by the controlling board to carry out	28907
those purposes. Other moneys received by the chief for the	28908
purposes of this section in addition to the mineral severance tax,	28909
fees, and federal moneys shall be credited to the geological	28910
mapping fund.	28911

Sec. 1505.11. There is hereby created in the department of	28912
natural resources the Ohio geology advisory council consisting of	28913
seven members to be appointed by the governor with the advice and	28914
consent of the senate. No more than four of the members shall be	28915
of the same political party. Members shall be persons who have a	28916
demonstrated interest in ~~Ohio~~the geology and mineral resources of	28917
this state and whose expertise reflects the various	28918
responsibilities of the division of geological survey. The council	28919
shall include at least one representative from each of the	28920
following: the oil and gas industry, the industrial minerals	28921
industry, the coal industry, hydrogeology interests, environmental	28922
geology interests, and an institution of higher education in this	28923
state. The chief of the division of geological survey may	28924
participate in the deliberations of the council, but shall not	28925
vote.	28926

Within ninety days after ~~the effective date of this section~~	28927
May 3, 1990, the governor shall make initial appointments to the	28928
council. Of the initial appointments, three shall be for a term	28929
ending one year after ~~the effective date of this section~~May 3,	28930
1990, three shall be for a term ending two years after ~~the~~	28931
~~effective date of this section~~May 3, 1990, and one shall be for a	28932
term ending three years after ~~the effective date of this section~~	28933
May 3, 1990. Thereafter, terms of office shall be for three years,	28934
with each term ending on the same day of the same month as did the	28935
term that it succeeds. Members may be reappointed. The governor	28936
may remove any member at any time for inefficiency, neglect of	28937
duty, or malfeasance in office. Vacancies shall be filled in the	28938
manner provided for original appointments. Any member appointed to	28939
fill a vacancy prior to the expiration date of the term for which	28940
~~his~~the member's predecessor was appointed shall hold office as a	28941
member for the remainder of that term. A member shall continue in	28942
office subsequent to the expiration date of ~~his~~the member's term	28943
until ~~his~~the member's successor takes office or until a period of	28944
sixty days has elapsed, whichever occurs first.	28945

Serving as an appointed member on the council does not	28946
constitute holding a public office or position of employment under	28947
the laws of this state and does not constitute grounds for removal	28948
of public officers or employees from their offices or positions of	28949
employment.	28950

Members shall serve without compensation, but shall be	28951
reimbursed for their actual and necessary expenses incurred in the	28952
performance of their official duties from moneys appropriated to	28953
the division.	28954

The council annually shall select from its members a ~~chairman~~	28955
chairperson and a ~~vice-chairman~~vice-chairperson. The council	28956
shall hold at least one meeting each calendar quarter and shall	28957
keep a record of its proceedings, which shall be open to public	28958
inspection. Special meetings may be called by the ~~chairman~~	28959
chairperson and shall be called upon the written request of two or	28960
more members. A majority of the members constitutes a quorum. The	28961
division shall furnish clerical, technical, legal, and other	28962
services required by the council in the performance of its duties.	28963

The council shall do all of the following:

28964

(A) Advise the chief ~~of the division of geological survey~~ in	28965
carrying out the duties of the division under this chapter;	28966

(B) Recommend policy and legislation with respect to geology,	28967
resource analysis, and management that will promote the economic	28968
and industrial development of the state while minimizing threats	28969
to the natural environment of the state;	28970

(C) Review and make recommendations on the development of	28971
plans and programs for long-term, comprehensive geologic mapping	28972
and analysis throughout the state;	28973

(D) Recommend ways to enhance cooperation among governmental	28974
agencies having an interest in ~~Ohio~~the geology of the state to	28975
encourage wise use and management of the geology and mineral	28976
resources of the state. To this end, the council shall request	28977
nonvoting representation from appropriate governmental agencies.	28978

(E) Review and make recommendations with respect to changes	28979
in the fee schedules established in rules adopted under section	28980
1505.05 of the Revised Code.	28981

Sec. 1505.99. (A) Whoever violates section 1505.07 of the	28982
Revised Code shall be fined not less than one thousand nor more	28983
than two thousand dollars on a first offense; on each subsequent	28984
offense, the person shall be fined not less than two thousand nor	28985
more than five thousand dollars.	28986

(B) Whoever violates section 1505.04 or 1505.10 of the	28987
Revised Code shall be fined not less than one hundred nor more	28988
than one thousand dollars on a first offense; on each subsequent	28989
offense, the person shall be fined not less than one thousand nor	28990
more than two thousand dollars. Notwithstanding any section of the	28991
Revised Code relating to the distribution or crediting of fines	28992
for violations of the Revised Code, all fines imposed under this	28993
division shall be paid into the geological mapping fund created in	28994
section 1505.09 of the Revised Code.	28995

Sec. 1506.21. (A) There is hereby created the Ohio Lake Erie	28996
commission, consisting of the directors of environmental	28997
protection, natural resources, health, agriculture, and	28998
transportation, or their designees, and five additional members	28999
appointed by the governor who shall serve at the pleasure of the	29000
governor. The members of the commission annually shall designate a	29001
chairperson, who shall preside at the meetings of the commission,	29002
and a secretary.	29003

The commission shall hold at least one meeting every three	29004
months. The secretary of the commission shall keep a record of its	29005
proceedings. Special meetings shall be held at the call of the	29006
chairperson or upon the request of four members of the commission.	29007
All meetings and records of the commission shall be open to the	29008
public. ~~Three~~Six members of the commission constitute a quorum.	29009
The agencies represented on the commission shall furnish clerical,	29010
technical, and other services required by the commission in the	29011
performance of its duties.	29012

(B) The commission shall do all of the following:

29013

(1) Ensure the coordination of state and local policies and	29014
programs pertaining to Lake Erie water quality, toxic pollution	29015
control, and resource protection;	29016

(2) Review, and make recommendations concerning, the	29017
development and implementation of policies, programs, and issues	29018
for long-term, comprehensive protection of Lake Erie water	29019
resources and water quality that are consistent with the great	29020
lakes water quality agreement and the great lakes toxic substances	29021
control agreement;	29022

(3) Recommend policies and programs to modify the coastal	29023
management program of this state;	29024

(4) At each regular meeting, consider matters relating to the	29025
implementation of sections 1506.22 and 1506.23 of the Revised	29026
Code;	29027

(5) Publish and submit the Lake Erie protection agenda in	29028
accordance with division (C) of section 1506.23 of the Revised	29029
Code;	29030

(6) Ensure the implementation of a basinwide approach to Lake	29031
Erie issues;	29032

(7) Increase representation of the interests of this state in	29033
state, regional, national, and international forums pertaining to	29034
the resources and water quality of Lake Erie and the Lake Erie	29035
basin;	29036

(8) Promote education concerning the wise management of the	29037
resources of Lake Erie;	29038

(9) Establish public advisory councils as considered	29039
necessary to assist in programs established under this section and	29040
sections 1506.22 and 1506.23 of the Revised Code. Members of the	29041
public advisory councils shall represent a broad cross section of	29042
interests, shall have experience or expertise in the subject for	29043
which the advisory council was established, and shall serve	29044
without compensation.	29045

(10) Prepare and submit the report required under division	29046
(D) of section 1506.23 of the Revised Code.	29047

(C) Each state agency, upon the request of the commission,	29048
shall cooperate in the implementation of this section and sections	29049
1506.22 and 1506.23 of the Revised Code.	29050

Sec. 1509.01. As used in this chapter:

29051

(A) "Well" means any borehole, whether drilled or bored,	29052
within the state for production, extraction, or injection of any	29053
gas or liquid mineral, excluding potable water to be used as such,	29054
but including natural or artificial brines and oil field waters.	29055

(B) "Oil" means crude petroleum oil and all other	29056
hydrocarbons, regardless of gravity, that are produced in liquid	29057
form by ordinary production methods, but does not include	29058
hydrocarbons that were originally in a gaseous phase in the	29059
reservoir.	29060

(C) "Gas" means all natural gas and all other fluid	29061
hydrocarbons that are not oil, including condensate.	29062

(D) "Condensate" means liquid hydrocarbons that were	29063
originally in the gaseous phase in the reservoir.	29064

(E) "Pool" means an underground reservoir containing a common	29065
accumulation of oil or gas, or both, but does not include a gas	29066
storage reservoir. Each zone of a geological structure that is	29067
completely separated from any other zone in the same structure may	29068
contain a separate pool.	29069

(F) "Field" means the general area underlaid by one or more	29070
pools.	29071

(G) "Drilling unit" means the minimum acreage on which one	29072
well may be drilled, but does not apply to a well for injecting	29073
gas into or removing gas from a gas storage reservoir.	29074

(H) "Waste" includes all of the following:

29075

(1) Physical waste, as that term generally is understood in	29076
the oil and gas industry;	29077

(2) Inefficient, excessive, or improper use, or the	29078
unnecessary dissipation, of reservoir energy;	29079

(3) Inefficient storing of oil or gas;

29080

(4) Locating, drilling, equipping, operating, or producing an	29081
oil or gas well in a manner that reduces or tends to reduce the	29082
quantity of oil or gas ultimately recoverable under prudent and	29083
proper operations from the pool into which it is drilled or that	29084
causes or tends to cause unnecessary or excessive surface loss or	29085
destruction of oil or gas;	29086

(5) Other underground or surface waste in the production or	29087
storage of oil, gas, or condensate, however caused.	29088

(I) "Correlative rights" means the reasonable opportunity to	29089
every person entitled thereto to recover and receive the oil and	29090
gas in and under the person's tract or tracts, or the equivalent	29091
thereof, without having to drill unnecessary wells or incur other	29092
unnecessary expense.	29093

(J) "Tract" means a single, individually taxed parcel of land	29094
appearing on the tax list.	29095

(K) "Owner," unless referring to a mine, means the person who	29096
has the right to drill on a tract or drilling unit, to drill into	29097
and produce from a pool, and to appropriate the oil or gas	29098
produced therefrom either for the person or for others, except	29099
that a person ceases to be an owner with respect to a well when	29100
the well has been plugged in accordance with applicable rules	29101
adopted and orders issued under this chapter. "Owner" does not	29102
include a person who obtains a lease of the mineral rights for oil	29103
and gas on a parcel of land if the person does not attempt to	29104
produce or produce oil or gas from a well or obtain a permit under	29105
this chapter for a well or if the entire interest of a well is	29106
transferred to the person in accordance with division (B) of	29107
section 1509.31 of the Revised Code.	29108

(L) "Royalty interest" means the fee holder's share in the	29109
production from a well.	29110

(M) "Discovery well" means the first well capable of	29111
producing oil or gas in commercial quantities from a pool.	29112

(N) "Prepared clay" means a clay that is plastic and is	29113
thoroughly saturated with fresh water to a weight and consistency	29114
great enough to settle through saltwater in the well in which it	29115
is to be used, except as otherwise approved by the chief of the	29116
division of ~~mineral~~oil and gas resources management.	29117

(O) "Rock sediment" means the combined cutting and residue	29118
from drilling sedimentary rocks and formation.	29119

(P) "Excavations and workings," "mine," and "pillar" have the	29120
same meanings as in section 1561.01 of the Revised Code.	29121

(Q) "Coal bearing township" means a township designated as	29122
such by the chief of the division of mineral resources management	29123
under section 1561.06 of the Revised Code.	29124

(R) "Gas storage reservoir" means a continuous area of a	29125
subterranean porous sand or rock stratum or strata into which gas	29126
is or may be injected for the purpose of storing it therein and	29127
removing it therefrom and includes a gas storage reservoir as	29128
defined in section 1571.01 of the Revised Code.	29129

(S) "Safe Drinking Water Act" means the "Safe Drinking Water	29130
Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended by the	29131
"Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42	29132
U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 1986,"	29133
100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking Water	29134
Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 300(f), and	29135
regulations adopted under those acts.	29136

(T) "Person" includes any political subdivision, department,	29137
agency, or instrumentality of this state; the United States and	29138
any department, agency, or instrumentality thereof; and any legal	29139
entity defined as a person under section 1.59 of the Revised Code.	29140

(U) "Brine" means all saline geological formation water	29141
resulting from, obtained from, or produced in connection with	29142
exploration, drilling, well stimulation, production of oil or gas,	29143
or plugging of a well.	29144

(V) "Waters of the state" means all streams, lakes, ponds,	29145
marshes, watercourses, waterways, springs, irrigation systems,	29146
drainage systems, and other bodies of water, surface or	29147
underground, natural or artificial, that are situated wholly or	29148
partially within this state or within its jurisdiction, except	29149
those private waters that do not combine or effect a junction with	29150
natural surface or underground waters.	29151

(W) "Exempt Mississippian well" means a well that meets all	29152
of the following criteria:	29153

(1) Was drilled and completed before January 1, 1980;

29154

(2) Is located in an unglaciated part of the state;

29155

(3) Was completed in a reservoir no deeper than the	29156
Mississippian Big Injun sandstone in areas underlain by	29157
Pennsylvanian or Permian stratigraphy, or the Mississippian Berea	29158
sandstone in areas directly underlain by Permian stratigraphy;	29159

(4) Is used primarily to provide oil or gas for domestic use.

29160

(X) "Exempt domestic well" means a well that meets all of the	29161
following criteria:	29162

(1) Is owned by the owner of the surface estate of the tract	29163
on which the well is located;	29164

(2) Is used primarily to provide gas for the owner's domestic	29165
use;	29166

(3) Is located more than two hundred feet horizontal distance	29167
from any inhabited private dwelling house other than an inhabited	29168
private dwelling house located on the tract on which the well is	29169
located;	29170

(4) Is located more than two hundred feet horizontal distance	29171
from any public building that may be used as a place of resort,	29172
assembly, education, entertainment, lodging, trade, manufacture,	29173
repair, storage, traffic, or occupancy by the public.	29174

(Y) "Urbanized area" means an area where a well or production	29175
facilities of a well are located within a municipal corporation or	29176
within a township that has an unincorporated population of more	29177
than five thousand in the most recent federal decennial census	29178
prior to the issuance of the permit for the well or production	29179
facilities.	29180

(Z) "Well stimulation" or "stimulation of a well" means the	29181
process of enhancing well productivity, including hydraulic	29182
fracturing operations.	29183

(AA) "Production operation" means all operations and	29184
activities and all related equipment, facilities, and other	29185
structures that may be used in or associated with the exploration	29186
and production of oil, gas, or other mineral resources that are	29187
regulated under this chapter, including operations and activities	29188
associated with site preparation, site construction, access ~~roads~~	29189
road construction, well drilling, well completion, well	29190
stimulation, well ~~operation~~site activities, ~~site~~ reclamation,	29191
and ~~well~~ plugging. "Production operation" also includes all of the	29192
following:	29193

(1) The piping ~~and~~, equipment, and facilities used for the	29194
production and preparation of hydrocarbon gas or liquids for	29195
transportation or delivery;	29196

(2) The processes of extraction and recovery, lifting,	29197
stabilization, treatment, separation, production processing,	29198
storage, waste disposal, and measurement of hydrocarbon gas and	29199
liquids, including related equipment and facilities;	29200

(3) The processes and related equipment and facilities	29201
associated with production compression, gas lift, gas injection,	29202
~~and~~ fuel gas supply, well drilling, well stimulation, and well	29203
completion activities, including dikes, pits, and earthen and	29204
other impoundments used for the temporary storage of fluids and	29205
waste substances associated with well drilling, well stimulation,	29206
and well completion activities.	29207

(BB) "Annular overpressurization" means the accumulation of	29208
fluids within an annulus with sufficient pressure to allow	29209
migration of annular fluids into underground sources of drinking	29210
water.	29211

(CC) "Idle and orphaned well" means a well for which a bond	29212
has been forfeited or an abandoned well for which no money is	29213
available to plug the well in accordance with this chapter and	29214
rules adopted under it.	29215

(DD) "Temporarily inactive well" means a well that has been	29216
granted temporary inactive status under section 1509.062 of the	29217
Revised Code.	29218

(EE) "Material and substantial violation" means any of the	29219
following:	29220

(1) Failure to obtain a permit to drill, reopen, convert,	29221
plugback, or plug a well under this chapter;	29222

(2) Failure to obtain or maintain insurance coverage that is	29223
required under this chapter;	29224

(3) Failure to obtain or maintain a surety bond that is	29225
required under this chapter;	29226

(4) Failure to plug an abandoned well or idle and orphaned	29227
well unless the well has been granted temporary inactive status	29228
under section 1509.062 of the Revised Code or the chief of the	29229
division of oil and gas resources management has approved another	29230
option concerning the abandoned well or idle and orphaned well;	29231

(5) Failure to restore a disturbed land surface as required	29232
by section 1509.072 of the Revised Code;	29233

(6) Failure to reimburse the oil and gas well fund pursuant	29234
to a final order issued under section 1509.071 of the Revised	29235
Code;	29236

(7) Failure to comply with a final nonappealable order of the	29237
chief issued under section 1509.04 of the Revised Code.	29238

(FF) "Severer" has the same meaning as in section 5749.01 of	29239
the Revised Code.	29240

Sec. 1509.02. There is hereby created in the department of	29241
natural resources the division of ~~mineral~~oil and gas resources	29242
management, which shall be administered by the chief of the	29243
division of ~~mineral~~oil and gas resources management. The	29244
division has sole and exclusive authority to regulate the	29245
permitting, location, and spacing of oil and gas wells and	29246
production operations within the state, excepting only those	29247
activities regulated under federal laws for which oversight has	29248
been delegated to the environmental protection agency and	29249
activities regulated under sections 6111.02 to 6111.029 of the	29250
Revised Code. The regulation of oil and gas activities is a matter	29251
of general statewide interest that requires uniform statewide	29252
regulation, and this chapter and rules adopted under it constitute	29253
a comprehensive plan with respect to all aspects of the locating,	29254
drilling, well stimulation, completing, and operating of oil and	29255
gas wells within this state, including site construction and	29256
restoration, permitting related to those activities, and the	29257
disposal of wastes from those wells. Nothing in this section	29258
affects the authority granted to the director of transportation	29259
and local authorities in section 723.01 or 4513.34 of the Revised	29260
Code, provided that the authority granted under those sections	29261
shall not be exercised in a manner that discriminates against,	29262
unfairly impedes, or obstructs oil and gas activities and	29263
operations regulated under this chapter.	29264

The chief shall not hold any other public office, nor shall	29265
the chief be engaged in any occupation or business that might	29266
interfere with or be inconsistent with the duties as chief.	29267

All moneys collected by the chief pursuant to sections	29268
1509.06, 1509.061, 1509.062, 1509.071, 1509.13, 1509.22, 1509.221,	29269
1509.222, 1509.34, and 1509.50 of the Revised Code, ninety per	29270
cent of moneys received by the treasurer of state from the tax	29271
levied in divisions (A)(5) and (6) of section 5749.02 of the	29272
Revised Code, all civil penalties paid under section 1509.33 of	29273
the Revised Code, and, notwithstanding any section of the Revised	29274
Code relating to the distribution or crediting of fines for	29275
violations of the Revised Code, all fines imposed under divisions	29276
(A) and (B) of section 1509.99 of the Revised Code and fines	29277
imposed under divisions (C) and (D) of section 1509.99 of the	29278
Revised Code for all violations prosecuted by the attorney general	29279
and for violations prosecuted by prosecuting attorneys that do not	29280
involve the transportation of brine by vehicle shall be deposited	29281
into the state treasury to the credit of the oil and gas well	29282
fund, which is hereby created. Fines imposed under divisions (C)	29283
and (D) of section 1509.99 of the Revised Code for violations	29284
prosecuted by prosecuting attorneys that involve the	29285
transportation of brine by vehicle and penalties associated with a	29286
compliance agreement entered into pursuant to this chapter shall	29287
be paid to the county treasury of the county where the violation	29288
occurred.	29289

The fund shall be used solely and exclusively for the	29290
purposes enumerated in division (B) of section 1509.071 of the	29291
Revised Code, for the expenses of the division associated with the	29292
administration of this chapter and Chapter 1571. of the Revised	29293
Code and rules adopted under them, and for expenses that are	29294
critical and necessary for the protection of human health and	29295
safety and the environment related to oil and gas production in	29296
this state. The expenses of the division in excess of the moneys	29297
available in the fund shall be paid from general revenue fund	29298
appropriations to the department.	29299

Sec. 1509.021. On and after ~~the effective date of this~~	29300
~~section~~June 30, 2010, all of the following apply:	29301

(A) The surface location of a new well or a tank battery of a	29302
well shall not be within one hundred fifty feet of an occupied	29303
dwelling that is located in an urbanized area unless the owner of	29304
the land on which the occupied dwelling is located consents in	29305
writing to the surface location of the well or tank battery of a	29306
well less than one hundred fifty feet from the occupied dwelling	29307
and the chief of the division of ~~mineral~~oil and gas resources	29308
management approves the written consent of that owner. However,	29309
the chief shall not approve the written consent of such an owner	29310
when the surface location of a new well or a tank battery of a	29311
well will be within one hundred feet of an occupied dwelling that	29312
is located in an urbanized area.	29313

(B) The surface location of a new well shall not be within	29314
one hundred fifty feet from the property line of a parcel of land	29315
that is not in the drilling unit of the well if the parcel of land	29316
is located in an urbanized area and directional drilling will be	29317
used to drill the new well unless the owner of the parcel of land	29318
consents in writing to the surface location of the well less than	29319
one hundred fifty feet from the property line of the parcel of	29320
land and the chief approves the written consent of that owner.	29321
However, the chief shall not approve the written consent of such	29322
an owner when the surface location of a new well will be less than	29323
one hundred feet from the property line of the owner's parcel of	29324
land that is not in the drilling unit of the well if the parcel of	29325
land is located in an urbanized area and directional drilling will	29326
be used.	29327

(C) The surface location of a new well shall not be within	29328
two hundred feet of an occupied dwelling that is located in an	29329
urbanized area and that is located on land that has become part of	29330
the drilling unit of the well pursuant to a mandatory pooling	29331
order issued under section 1509.27 of the Revised Code unless the	29332
owner of the land on which the occupied dwelling is located	29333
consents in writing to the surface location of the well at a	29334
distance that is less than two hundred feet from the occupied	29335
dwelling. However, if the owner of the land on which the occupied	29336
dwelling is located provides such written consent, the surface	29337
location of the well shall not be within one hundred feet of the	29338
occupied dwelling.	29339

If an applicant cannot identify an owner of land or if an	29340
owner of land is not responsive to attempts by the applicant to	29341
contact the owner, the applicant may submit an affidavit to the	29342
chief attesting to such an unidentifiable owner or to such	29343
unresponsiveness of an owner and attempts by the applicant to	29344
contact the owner and include a written request to reduce the	29345
distance of the location of the well from the occupied dwelling to	29346
less than two hundred feet. If the chief receives such an	29347
affidavit and written request, the chief shall reduce the distance	29348
of the location of the well from the occupied dwelling to a	29349
distance of not less than one hundred feet.	29350

(D) Except as otherwise provided in division (L) of this	29351
section, the surface location of a new well shall not be within	29352
one hundred fifty feet of the property line of a parcel of land	29353
that is located in an urbanized area and that has become part of	29354
the drilling unit of the well pursuant to a mandatory pooling	29355
order issued under section 1509.27 of the Revised Code unless the	29356
owner of the land consents in writing to the surface location of	29357
the well at a distance that is less than one hundred fifty feet	29358
from the owner's property line. However, if the owner of the land	29359
provides such written consent, the surface location of the well	29360
shall not be within seventy-five feet of the property line of the	29361
owner's parcel of land.	29362

If an applicant cannot identify an owner of land or if an	29363
owner of land is not responsive to attempts by the applicant to	29364
contact the owner, the applicant may submit an affidavit to the	29365
chief attesting to such an unidentifiable owner or to such	29366
unresponsiveness of an owner and attempts by the applicant to	29367
contact the owner and include a written request to reduce the	29368
distance of the location of the well from the property line of the	29369
owner's parcel of land to less than one hundred fifty feet. If the	29370
chief receives such an affidavit and written request, the chief	29371
shall reduce the distance of the location of the well from the	29372
property line to a distance of not less than seventy-five feet.	29373

(E) The surface location of a new tank battery of a well	29374
shall not be within one hundred fifty feet of an occupied dwelling	29375
that is located in an urbanized area and that is located on land	29376
that has become part of the drilling unit of the well pursuant to	29377
a mandatory pooling order issued under section 1509.27 of the	29378
Revised Code unless the owner of the land on which the occupied	29379
dwelling is located consents in writing to the location of the	29380
tank battery at a distance that is less than one hundred fifty	29381
feet from the occupied dwelling. However, if the owner of the land	29382
on which the occupied dwelling is located provides such written	29383
consent, the location of the tank battery shall not be within one	29384
hundred feet of the occupied dwelling.	29385

If an applicant cannot identify an owner of land or if an	29386
owner of land is not responsive to attempts by the applicant to	29387
contact the owner, the applicant may submit an affidavit to the	29388
chief attesting to such an unidentifiable owner or to such	29389
unresponsiveness of an owner and attempts by the applicant to	29390
contact the owner and include a written request to reduce the	29391
distance of the location of the tank battery from the occupied	29392
dwelling to less than one hundred fifty feet. If the chief	29393
receives such an affidavit and written request, the chief shall	29394
reduce the distance of the location of the tank battery from the	29395
occupied dwelling to a distance of not less than one hundred feet.	29396

(F) Except as otherwise provided in division (L) of this	29397
section, the location of a new tank battery of a well shall not be	29398
within seventy-five feet of the property line of a parcel of land	29399
that is located in an urbanized area and that has become part of	29400
the drilling unit of the well pursuant to a mandatory pooling	29401
order issued under section 1509.27 of the Revised Code unless the	29402
owner of the land consents in writing to the location of the tank	29403
battery at a distance that is less than seventy-five feet from the	29404
owner's property line. However, if the owner of the land provides	29405
such written consent, the location of the tank battery shall not	29406
be within the property line of the owner's parcel of land.	29407

If an applicant cannot identify an owner of land or if an	29408
owner of land is not responsive to attempts by the applicant to	29409
contact the owner, the applicant may submit an affidavit to the	29410
chief attesting to such an unidentifiable owner or to such	29411
unresponsiveness of an owner and attempts by the applicant to	29412
contact the owner and include a written request to reduce the	29413
distance of the location of the tank battery from the property	29414
line of the owner's parcel of land to less than seventy-five feet.	29415
If the chief receives such an affidavit and written request, the	29416
chief shall reduce the distance of the location of the tank	29417
battery from the property line, provided that the tank battery	29418
shall not be within the property line of the owner's parcel of	29419
land.	29420

(G) For purposes of divisions (C) to (F) of this section,	29421
written consent of an owner of land may be provided by any of the	29422
following:	29423

(1) A copy of an original lease agreement as recorded in the	29424
office of the county recorder of the county in which the occupied	29425
dwelling or property is located that expressly provides for the	29426
reduction of the distance of the location of a well or a tank	29427
battery, as applicable, from an occupied dwelling or a property	29428
line;	29429

(2) A copy of a deed severing the oil or gas mineral rights,	29430
as applicable, from the owner's parcel of land as recorded in the	29431
office of the county recorder of the county in which the property	29432
is located that expressly provides for the reduction of the	29433
distance of the location of a well or a tank battery, as	29434
applicable, from an occupied dwelling or a property line;	29435

(3) A written statement that consents to the proposed	29436
location of a well or a tank battery, as applicable, and that is	29437
approved by the chief. For purposes of division (G)(3) of this	29438
section, an applicant shall submit a copy of a written statement	29439
to the chief.	29440

(H) For areas that are not urbanized areas, the surface	29441
location of a new well shall not be within one hundred feet of an	29442
occupied private dwelling or of a public building that may be used	29443
as a place of assembly, education, entertainment, lodging, trade,	29444
manufacture, repair, storage, or occupancy by the public. This	29445
division does not apply to a building or other structure that is	29446
incidental to agricultural use of the land on which the building	29447
or other structure is located unless the building or other	29448
structure is used as an occupied private dwelling or for retail	29449
trade.	29450

(I) The surface location of a new well shall not be within	29451
one hundred feet of any other well. However, an applicant may	29452
submit a written statement to request the chief to authorize a new	29453
well to be located at a distance that is less than one hundred	29454
feet from another well. If the chief receives such a written	29455
statement, the chief may authorize a new well to be located within	29456
one hundred feet of another well if the chief determines that the	29457
applicant satisfactorily has demonstrated that the location of the	29458
new well at a distance that is less than one hundred feet from	29459
another well is necessary to reduce impacts to the owner of the	29460
land on which the well is to be located or to the surface of the	29461
land on which the well is to be located.	29462

(J) For areas that are not urbanized areas, the location of a	29463
new tank battery of a well shall not be within one hundred feet of	29464
an existing inhabited structure.	29465

(K) The location of a new tank battery of a well shall not be	29466
within fifty feet of any other well.	29467

(L) The location of a new well or a new tank battery of a	29468
well shall not be within fifty feet of a stream, river,	29469
watercourse, water well, pond, lake, or other body of water.	29470
However, the chief may authorize a new well or a new tank battery	29471
of a well to be located at a distance that is less than fifty feet	29472
from a stream, river, watercourse, water well, pond, lake, or	29473
other body of water if the chief determines that the reduction in	29474
the distance is necessary to reduce impacts to the owner of the	29475
land on which the well or tank battery of a well is to be located	29476
or to protect public safety or the environment.	29477

(M) The surface location of a new well or a new tank battery	29478
of a well shall not be within fifty feet of a railroad track or of	29479
the traveled portion of a public street, road, or highway. This	29480
division applies regardless of whether the public street, road, or	29481
highway has become part of the drilling unit of the well pursuant	29482
to a mandatory pooling order issued under section 1509.27 of the	29483
Revised Code.	29484

~~(M)~~(N) A new oil tank shall not be within three feet of	29485
another oil tank.	29486

~~(N)~~(O) The surface location of a mechanical separator shall	29487
not be within any of the following:	29488

(1) Fifty feet of a well;

29489

(2) Ten feet of an oil tank;

29490

(3) One hundred feet of an existing inhabited structure.

29491

~~(O)~~(P) A vessel that is equipped in such a manner that the	29492
contents of the vessel may be heated shall not be within any of	29493
the following:	29494

(1) Fifty feet of an oil production tank;

29495

(2) Fifty feet of a well;

29496

(3) One hundred feet of an existing inhabited structure;

29497

(4) If the contents of the vessel are heated by a direct fire	29498
heater, fifty feet of a mechanical separator.	29499

Sec. 1509.022. Except as provided in section 1509.021 of the	29500
Revised Code, the surface location of a new well that will be	29501
drilled using directional drilling may be located on a parcel of	29502
land that is not in the drilling unit of the well.	29503

Sec. 1509.03. (A) The chief of the division of ~~mineral~~oil	29504
and gas resources management shall adopt, rescind, and amend, in	29505
accordance with Chapter 119. of the Revised Code, rules for the	29506
administration, implementation, and enforcement of this chapter.	29507
The rules shall include an identification of the subjects that the	29508
chief shall address when attaching terms and conditions to a	29509
permit with respect to a well and production facilities of a well	29510
that are located within an urbanized area. The subjects shall	29511
include all of the following:	29512

(1) Safety concerning the drilling or operation of a well;

29513

(2) Protection of the public and private water supply;

29514

(3) Fencing and screening of surface facilities of a well;

29515

(4) Containment and disposal of drilling and production	29516
wastes;	29517

(5) Construction of access roads for purposes of the drilling	29518
and operation of a well;	29519

(6) Noise mitigation for purposes of the drilling of a well	29520
and the operation of a well, excluding safety and maintenance	29521
operations.	29522

No person shall violate any rule of the chief adopted under	29523
this chapter.	29524

(B) Any order issuing, denying, or modifying a permit or	29525
notices required to be made by the chief pursuant to this chapter	29526
shall be made in compliance with Chapter 119. of the Revised Code,	29527
except that personal service may be used in lieu of service by	29528
mail. Every order issuing, denying, or modifying a permit under	29529
this chapter and described as such shall be considered an	29530
adjudication order for purposes of Chapter 119. of the Revised	29531
Code.	29532

Where notice to the owners is required by this chapter, the	29533
notice shall be given as prescribed by a rule adopted by the chief	29534
to govern the giving of notices. The rule shall provide for notice	29535
by publication except in those cases where other types of notice	29536
are necessary in order to meet the requirements of the law.	29537

(C) The chief or the chief's authorized representative may at	29538
any time enter upon lands, public or private, for the purpose of	29539
administration or enforcement of this chapter, the rules adopted	29540
or orders made thereunder, or terms or conditions of permits or	29541
registration certificates issued thereunder and may examine and	29542
copy records pertaining to the drilling, conversion, or operation	29543
of a well for injection of fluids and logs required by division	29544
(C) of section 1509.223 of the Revised Code. No person shall	29545
prevent or hinder the chief or the chief's authorized	29546
representative in the performance of official duties. If entry is	29547
prevented or hindered, the chief or the chief's authorized	29548
representative may apply for, and the court of common pleas may	29549
issue, an appropriate inspection warrant necessary to achieve the	29550
purposes of this chapter within the court's territorial	29551
jurisdiction.	29552

(D) The chief may issue orders to enforce this chapter, rules	29553
adopted thereunder, and terms or conditions of permits issued	29554
thereunder. Any such order shall be considered an adjudication	29555
order for the purposes of Chapter 119. of the Revised Code. No	29556
person shall violate any order of the chief issued under this	29557
chapter. No person shall violate a term or condition of a permit	29558
or registration certificate issued under this chapter.	29559

(E) Orders of the chief denying, suspending, or revoking a	29560
registration certificate; approving or denying approval of an	29561
application for revision of a registered transporter's plan for	29562
disposal; or to implement, administer, or enforce division (A) of	29563
section 1509.224 and sections 1509.22, 1509.222, 1509.223,	29564
1509.225, and 1509.226 of the Revised Code pertaining to the	29565
transportation of brine by vehicle and the disposal of brine so	29566
transported are not adjudication orders for purposes of Chapter	29567
119. of the Revised Code. The chief shall issue such orders under	29568
division (A) or (B) of section 1509.224 of the Revised Code, as	29569
appropriate.	29570

Sec. 1509.04. (A) The chief of the division of ~~mineral~~oil	29571
and gas resources management, or the chief's authorized	29572
representatives, shall enforce this chapter and the rules, terms	29573
and conditions of permits and registration certificates, and	29574
orders adopted or issued pursuant thereto, except that any peace	29575
officer, as defined in section 2935.01 of the Revised Code, may	29576
arrest for violations of this chapter involving transportation of	29577
brine by vehicle. The enforcement authority of the chief includes	29578
the authority to issue compliance notices and to enter into	29579
compliance agreements.	29580

(B)(1) The chief or the chief's authorized representative may	29581
issue an administrative order to an owner for a violation of this	29582
chapter or rules adopted under it, terms and conditions of a	29583
permit issued under it, a registration certificate that is	29584
required under this chapter, or orders issued under this chapter.	29585

(2) The chief may issue an order finding that an owner has	29586
committed a material and substantial violation.	29587

(C) The chief, by order, immediately may suspend drilling,	29588
operating, or plugging activities that are related to a material	29589
and substantial violation and suspend and revoke an unused permit	29590
after finding either of the following:	29591

(1) An owner has failed to comply with an order issued under	29592
division (B)(2) of this section that is final and nonappealable.	29593

(2) An owner is causing, engaging in, or maintaining a	29594
condition or activity that the chief determines presents an	29595
imminent danger to the health or safety of the public or that	29596
results in or is likely to result in immediate substantial damage	29597
to the natural resources of this state.	29598

(D)(1) The chief may issue an order under division (C) of	29599
this section without prior notification if reasonable attempts to	29600
notify the owner have failed or if the owner is currently in	29601
material breach of a prior order, but in such an event	29602
notification shall be given as soon thereafter as practical.	29603

(2) Not later than five days after the issuance of an order	29604
under division (C) of this section, the chief shall provide the	29605
owner an opportunity to be heard and to present evidence that one	29606
of the following applies:	29607

(a) The condition or activity does not present an imminent	29608
danger to the public health or safety or is not likely to result	29609
in immediate substantial damage to natural resources.	29610

(b) Required records, reports, or logs have been submitted.

29611

(3) If the chief, after considering evidence presented by the	29612
owner under division (D)(2)(a) of this section, determines that	29613
the activities do not present such a threat or that the required	29614
records, reports, or logs have been submitted under division	29615
(D)(2)(b) of this section, the chief shall revoke the order. The	29616
owner may appeal an order to the court of common pleas of the	29617
county in which the activity that is the subject of the order is	29618
located.	29619

(E) The chief may issue a bond forfeiture order pursuant to	29620
section 1509.071 of the Revised Code for failure to comply with a	29621
final nonappealable order issued or compliance agreement entered	29622
into under this section.	29623

(F) The chief may notify drilling contractors, transporters,	29624
service companies, or other similar entities of the compliance	29625
status of an owner.	29626

If the owner fails to comply with a prior enforcement action	29627
of the chief, the chief may issue a suspension order without prior	29628
notification, but in such an event the chief shall give notice as	29629
soon thereafter as practical. Not later than five calendar days	29630
after the issuance of an order, the chief shall provide the owner	29631
an opportunity to be heard and to present evidence that required	29632
records, reports, or logs have been submitted. If the chief, after	29633
considering the evidence presented by the owner, determines that	29634
the requirements have been satisfied, the chief shall revoke the	29635
suspension order. The owner may appeal a suspension order to the	29636
court of common pleas of the county in which the activity that is	29637
the subject of the suspension order is located.	29638

(G) The prosecuting attorney of the county or the attorney	29639
general, upon the request of the chief, may apply to the court of	29640
common pleas in the county in which any of the provisions of this	29641
chapter or any rules, terms or conditions of a permit or	29642
registration certificate, or orders adopted or issued pursuant to	29643
this chapter are being violated for a temporary restraining order,	29644
preliminary injunction, or permanent injunction restraining any	29645
person from such violation.	29646

Sec. 1509.041. The chief of the division of ~~mineral~~oil and	29647
gas resources management shall maintain a database on the division	29648
of ~~mineral~~oil and gas resources management's web site that is	29649
accessible to the public. The database shall list each final	29650
nonappealable order issued for a material and substantial	29651
violation under this chapter. The list shall identify the	29652
violator, the date on which the violation occurred, and the date	29653
on which the violation was corrected.	29654

Sec. 1509.05. No person shall drill a new well, drill an	29655
existing well any deeper, reopen a well, convert a well to any use	29656
other than its original purpose, or plug back a well to a source	29657
of supply different from the existing pool, without having a	29658
permit to do so issued by the chief of the division of ~~mineral~~oil	29659
and gas resources management, and until the original permit or a	29660
photostatic copy thereof is posted or displayed in a conspicuous	29661
and easily accessible place at the well site, with the name,	29662
current address, and telephone number of the permit holder and the	29663
telephone numbers for fire and emergency medical services	29664
maintained on the posted permit or copy. The permit or a copy	29665
shall be continuously displayed in that manner at all times during	29666
the work authorized by the permit.	29667

Sec. 1509.06. (A) An application for a permit to drill a new	29668
well, drill an existing well deeper, reopen a well, convert a well	29669
to any use other than its original purpose, or plug back a well to	29670
a different source of supply, including associated production	29671
operations, shall be filed with the chief of the division of	29672
~~mineral~~oil and gas resources management upon such form as the	29673
chief prescribes and shall contain each of the following that is	29674
applicable:	29675

(1) The name and address of the owner and, if a corporation,	29676
the name and address of the statutory agent;	29677

(2) The signature of the owner or the owner's authorized	29678
agent. When an authorized agent signs an application, it shall be	29679
accompanied by a certified copy of the appointment as such agent.	29680

(3) The names and addresses of all persons holding the	29681
royalty interest in the tract upon which the well is located or is	29682
to be drilled or within a proposed drilling unit;	29683

(4) The location of the tract or drilling unit on which the	29684
well is located or is to be drilled identified by section or lot	29685
number, city, village, township, and county;	29686

(5) Designation of the well by name and number;

29687

(6) The geological formation to be tested or used and the	29688
proposed total depth of the well;	29689

(7) The type of drilling equipment to be used;

29690

(8) If the well is for the injection of a liquid, identity of	29691
the geological formation to be used as the injection zone and the	29692
composition of the liquid to be injected;	29693

(9) For an application for a permit to drill a new well	29694
within an urbanized area, a sworn statement that the applicant has	29695
provided notice by regular mail of the application to the owner of	29696
each parcel of real property that is located within five hundred	29697
feet of the surface location of the well and to the executive	29698
authority of the municipal corporation or the board of township	29699
trustees of the township, as applicable, in which the well is to	29700
be located. In addition, the notice shall contain a statement that	29701
informs an owner of real property who is required to receive the	29702
notice under division (A)(9) of this section that within five days	29703
of receipt of the notice, the owner is required to provide notice	29704
under section 1509.60 of the Revised Code to each residence in an	29705
occupied dwelling that is located on the owner's parcel of real	29706
property. The notice shall contain a statement that an application	29707
has been filed with the division of ~~mineral~~oil and gas resources	29708
management, identify the name of the applicant and the proposed	29709
well location, include the name and address of the division, and	29710
contain a statement that comments regarding the application may be	29711
sent to the division. The notice may be provided by hand delivery	29712
or regular mail. The identity of the owners of parcels of real	29713
property shall be determined using the tax records of the	29714
municipal corporation or county in which a parcel of real property	29715
is located as of the date of the notice.	29716

(10) A plan for restoration of the land surface disturbed by	29717
drilling operations. The plan shall provide for compliance with	29718
the restoration requirements of division (A) of section 1509.072	29719
of the Revised Code and any rules adopted by the chief pertaining	29720
to that restoration.	29721

(11) A description by name or number of the county, township,	29722
and municipal corporation roads, streets, and highways that the	29723
applicant anticipates will be used for access to and egress from	29724
the well site;	29725

(12) Such other relevant information as the chief prescribes	29726
by rule.	29727

Each application shall be accompanied by a map, on a scale	29728
not smaller than four hundred feet to the inch, prepared by an	29729
Ohio registered surveyor, showing the location of the well and	29730
containing such other data as may be prescribed by the chief. If	29731
the well is or is to be located within the excavations and	29732
workings of a mine, the map also shall include the location of the	29733
mine, the name of the mine, and the name of the person operating	29734
the mine.	29735

(B) The chief shall cause a copy of the weekly circular	29736
prepared by the division to be provided to the county engineer of	29737
each county that contains active or proposed drilling activity.	29738
The weekly circular shall contain, in the manner prescribed by the	29739
chief, the names of all applicants for permits, the location of	29740
each well or proposed well, the information required by division	29741
(A)(11) of this section, and any additional information the chief	29742
prescribes. In addition, the chief promptly shall transfer an	29743
electronic copy or facsimile, or if those methods are not	29744
available to a municipal corporation or township, a copy via	29745
regular mail, of a drilling permit application to the clerk of the	29746
legislative authority of the municipal corporation or to the clerk	29747
of the township in which the well or proposed well is or is to be	29748
located if the legislative authority of the municipal corporation	29749
or the board of township trustees has asked to receive copies of	29750
such applications and the appropriate clerk has provided the chief	29751
an accurate, current electronic mailing address or facsimile	29752
number, as applicable.	29753

(C)(1) Except as provided in division (C)(2) of this section,	29754
the chief shall not issue a permit for at least ten days after the	29755
date of filing of the application for the permit unless, upon	29756
reasonable cause shown, the chief waives that period or a request	29757
for expedited review is filed under this section. However, the	29758
chief shall issue a permit within twenty-one days of the filing of	29759
the application unless the chief denies the application by order.	29760

(2) If the location of a well or proposed well will be or is	29761
within an urbanized area, the chief shall not issue a permit for	29762
at least eighteen days after the date of filing of the application	29763
for the permit unless, upon reasonable cause shown, the chief	29764
waives that period or the chief at the chief's discretion grants a	29765
request for an expedited review. However, the chief shall issue a	29766
permit for a well or proposed well within an urbanized area within	29767
thirty days of the filing of the application unless the chief	29768
denies the application by order.	29769

(D) An applicant may file a request with the chief for	29770
expedited review of a permit application if the well is not or is	29771
not to be located in a gas storage reservoir or reservoir	29772
protective area, as "reservoir protective area" is defined in	29773
section 1571.01 of the Revised Code. If the well is or is to be	29774
located in a coal bearing township, the application shall be	29775
accompanied by the affidavit of the landowner prescribed in	29776
section 1509.08 of the Revised Code.	29777

In addition to a complete application for a permit that meets	29778
the requirements of this section and the permit fee prescribed by	29779
this section, a request for expedited review shall be accompanied	29780
by a separate nonrefundable filing fee of two hundred fifty	29781
dollars. Upon the filing of a request for expedited review, the	29782
chief shall cause the county engineer of the county in which the	29783
well is or is to be located to be notified of the filing of the	29784
permit application and the request for expedited review by	29785
telephone or other means that in the judgment of the chief will	29786
provide timely notice of the application and request. The chief	29787
shall issue a permit within seven days of the filing of the	29788
request unless the chief denies the application by order.	29789
Notwithstanding the provisions of this section governing expedited	29790
review of permit applications, the chief may refuse to accept	29791
requests for expedited review if, in the chief's judgment, the	29792
acceptance of the requests would prevent the issuance, within	29793
twenty-one days of their filing, of permits for which applications	29794
are pending.	29795

(E) A well shall be drilled and operated in accordance with	29796
the plans, sworn statements, and other information submitted in	29797
the approved application.	29798

(F) The chief shall issue an order denying a permit if the	29799
chief finds that there is a substantial risk that the operation	29800
will result in violations of this chapter or rules adopted under	29801
it that will present an imminent danger to public health or safety	29802
or damage to the environment, provided that where the chief finds	29803
that terms or conditions to the permit can reasonably be expected	29804
to prevent such violations, the chief shall issue the permit	29805
subject to those terms or conditions, including, if applicable,	29806
terms and conditions regarding subjects identified in rules	29807
adopted under section 1509.03 of the Revised Code. The issuance of	29808
a permit shall not be considered an order of the chief.	29809

(G) Each application for a permit required by section 1509.05	29810
of the Revised Code, except an application to plug back an	29811
existing well that is required by that section and an application	29812
for a well drilled or reopened for purposes of section 1509.22 of	29813
the Revised Code, also shall be accompanied by a nonrefundable fee	29814
as follows:	29815

(1) Five hundred dollars for a permit to conduct activities	29816
in a township with a population of fewer than ten thousand;	29817

(2) Seven hundred fifty dollars for a permit to conduct	29818
activities in a township with a population of ten thousand or	29819
more, but fewer than fifteen thousand;	29820

(3) One thousand dollars for a permit to conduct activities	29821
in either of the following:	29822

(a) A township with a population of fifteen thousand or more;

29823

(b) A municipal corporation regardless of population.

29824

(4) If the application is for a permit that requires	29825
mandatory pooling, an additional five thousand dollars.	29826

For purposes of calculating fee amounts, populations shall be	29827
determined using the most recent federal decennial census.	29828

Each application for the revision or reissuance of a permit	29829
shall be accompanied by a nonrefundable fee of two hundred fifty	29830
dollars.	29831

(H) Prior to the issuance of a permit to drill a proposed	29832
well that is to be located in an urbanized area, the division	29833
shall conduct a site review to identify and evaluate any	29834
site-specific terms and conditions that may be attached to the	29835
permit. At the site review, a representative of the division shall	29836
consider fencing, screening, and landscaping requirements, if any,	29837
for similar structures in the community in which the well is	29838
proposed to be located. The terms and conditions that are attached	29839
to the permit shall include the establishment of fencing,	29840
screening, and landscaping requirements for the surface facilities	29841
of the proposed well, including a tank battery of the well.	29842

(I) A permit shall be issued by the chief in accordance with	29843
this chapter. A permit issued under this section for a well that	29844
is or is to be located in an urbanized area shall be valid for	29845
twelve months, and all other permits issued under this section	29846
shall be valid for twenty-four months.	29847

(J) A permittee or a permittee's authorized representative	29848
shall notify an inspector from the division ~~of mineral resources~~	29849
~~management~~ at least twenty-four hours, or another time period	29850
agreed to by the chief's authorized representative, prior to the	29851
commencement of drilling, reopening, converting, well stimulation,	29852
or plugback operations.	29853

Sec. 1509.061. An owner of a well who has been issued a	29854
permit under section 1509.06 of the Revised Code may submit to the	29855
chief of the division of ~~mineral~~oil and gas resources management,	29856
on a form prescribed by the chief, a request to revise an existing	29857
tract upon which exists a producing or idle well. The chief shall	29858
adopt, and may amend and rescind, rules under section 1509.03 of	29859
the Revised Code that are necessary for the administration of this	29860
section. The rules at least shall stipulate the information to be	29861
included on the request form and shall establish a fee to be paid	29862
by the person submitting the request, which fee shall not exceed	29863
two hundred fifty dollars.	29864

The chief shall approve a request submitted under this	29865
section unless it would result in a violation of this chapter or	29866
rules adopted under it, including provisions establishing spacing	29867
or minimum acreage requirements.	29868

Sec. 1509.062. (A)(1) The owner of a well that has not been	29869
completed, a well that has not produced within one year after	29870
completion, or an existing well that has no reported production	29871
for two consecutive reporting periods as reported in accordance	29872
with section 1509.11 of the Revised Code shall plug the well in	29873
accordance with section 1509.12 of the Revised Code, obtain	29874
temporary inactive well status for the well in accordance with	29875
this section, or perform another activity regarding the well that	29876
is approved by the chief of the division of ~~mineral~~oil and gas	29877
resources management.	29878

(2) If a well has a reported annual production that is less	29879
than one hundred thousand cubic feet of natural gas or fifteen	29880
barrels of crude oil, or a combination thereof, the chief may	29881
require the owner of the well to submit an application for	29882
temporary inactive well status under this section for the well.	29883

(B) In order for the owner of a well to submit an application	29884
for temporary inactive well status for the well under this	29885
division, the owner and the well shall be in compliance with this	29886
chapter and rules adopted under it, any terms and conditions of	29887
the permit for the well, and applicable orders issued by the	29888
chief. An application for temporary inactive status for a well	29889
shall be submitted to the chief on a form prescribed and provided	29890
by the chief and shall contain all of the following:	29891

(1) The owner's name and address and, if the owner is a	29892
corporation, the name and address of the corporation's statutory	29893
agent;	29894

(2) The signature of the owner or of the owner's authorized	29895
agent. When an authorized agent signs an application, the	29896
application shall be accompanied by a certified copy of the	29897
appointment as such agent.	29898

(3) The permit number assigned to the well. If the well has	29899
not been assigned a permit number, the chief shall assign a permit	29900
number to the well.	29901

(4) A map, on a scale not smaller than four hundred feet to	29902
the inch, that shows the location of the well and the tank	29903
battery, that includes the latitude and longitude of the well, and	29904
that contains all other data that are required by the chief;	29905

(5) A demonstration that the well is of future utility and	29906
that the applicant has a viable plan to utilize the well within a	29907
reasonable period of time;	29908

(6) A demonstration that the well poses no threat to the	29909
health or safety of persons, property, or the environment;	29910

(7) Any other relevant information that the chief prescribes	29911
by rule.	29912

The chief may waive any of the requirements established in	29913
divisions (B)(1) to (6) of this section if the division of ~~mineral~~	29914
oil and gas resources management possesses a current copy of the	29915
information or document that is required in the applicable	29916
division.	29917

(C) Upon receipt of an application for temporary inactive	29918
well status, the chief shall review the application and shall	29919
either deny the application by issuing an order or approve the	29920
application. The chief shall approve the application only if the	29921
chief determines that the well that is the subject of the	29922
application poses no threat to the health or safety of persons,	29923
property, or the environment. If the chief approves the	29924
application, the chief shall notify the applicant of the chief's	29925
approval. Upon receipt of the chief's approval, the owner shall	29926
shut in the well and empty all liquids and gases from all storage	29927
tanks, pipelines, and other equipment associated with the well. In	29928
addition, the owner shall maintain the well, other equipment	29929
associated with the well, and the surface location of the well in	29930
a manner that prevents hazards to the health and safety of people	29931
and the environment. The owner shall inspect the well at least	29932
every six months and submit to the chief within fourteen days	29933
after the inspection a record of inspection on a form prescribed	29934
and provided by the chief.	29935

(D) Not later than thirty days prior to the expiration of	29936
temporary inactive well status or a renewal of temporary inactive	29937
well status approved by the chief for a well, the owner of the	29938
well may submit to the chief an application for renewal of the	29939
temporary inactive well status on a form prescribed and provided	29940
by the chief. The application shall include a detailed plan that	29941
describes the ultimate disposition of the well, the time frames	29942
for that disposition, and any other information that the chief	29943
determines is necessary. The chief shall either deny an	29944
application by order or approve the application. If the chief	29945
approves the application, the chief shall notify the owner of the	29946
well of the chief's approval.	29947

(E) An application for temporary inactive well status shall	29948
be accompanied by a nonrefundable fee of one hundred dollars. An	29949
application for a renewal of temporary inactive well status shall	29950
be accompanied by a nonrefundable fee of two hundred fifty dollars	29951
for the first renewal and five hundred dollars for each subsequent	29952
renewal.	29953

(F) After a third renewal, the chief may require an owner to	29954
provide a surety bond in an amount not to exceed ten thousand	29955
dollars for each of the owner's wells that has been approved by	29956
the chief for temporary inactive well status.	29957

(G) Temporary inactive well status approved by the chief	29958
expires one year after the date of approval of the application for	29959
temporary inactive well status or production from the well	29960
commences, whichever occurs sooner. In addition, a renewal of a	29961
temporary inactive well status expires one year after the	29962
expiration date of the initial temporary inactive well status or	29963
one year after the expiration date of the previous renewal of the	29964
temporary inactive well status, as applicable, or production from	29965
the well commences, whichever occurs sooner.	29966

(H) The owner of a well that has been approved by the chief	29967
for temporary inactive well status may commence production from	29968
the well at any time. Not later than sixty days after the	29969
commencement of production from such a well, the owner shall	29970
notify the chief of the commencement of production.	29971

(I) This chapter and rules adopted under it, any terms and	29972
conditions of the permit for a well, and applicable orders issued	29973
by the chief apply to a well that has been approved by the chief	29974
for temporary inactive well status or renewal of that status.	29975

Sec. 1509.07. An owner of any well, except an exempt	29976
Mississippian well or an exempt domestic well, shall obtain	29977
liability insurance coverage from a company authorized to do	29978
business in this state in an amount of not less than one million	29979
dollars bodily injury coverage and property damage coverage to pay	29980
damages for injury to persons or damage to property caused by the	29981
drilling, operation, or plugging of all the owner's wells in this	29982
state. However, if any well is located within an urbanized area,	29983
the owner shall obtain liability insurance coverage in an amount	29984
of not less than three million dollars for bodily injury coverage	29985
and property damage coverage to pay damages for injury to persons	29986
or damage to property caused by the drilling, operation, or	29987
plugging of all of the owner's wells in this state. The owner	29988
shall maintain the coverage until all the owner's wells are	29989
plugged and abandoned or are transferred to an owner who has	29990
obtained insurance as required under this section and who is not	29991
under a notice of material and substantial violation or under a	29992
suspension order. The owner shall provide proof of liability	29993
insurance coverage to the chief of the division of ~~mineral~~oil and	29994
gas resources management upon request. Upon failure of the owner	29995
to provide that proof when requested, the chief may order the	29996
suspension of any outstanding permits and operations of the owner	29997
until the owner provides proof of the required insurance coverage.	29998

Except as otherwise provided in this section, an owner of any	29999
well, before being issued a permit under section 1509.06 of the	30000
Revised Code or before operating or producing from a well, shall	30001
execute and file with the division of ~~mineral~~oil and gas	30002
resources management a surety bond conditioned on compliance with	30003
the restoration requirements of section 1509.072, the plugging	30004
requirements of section 1509.12, the permit provisions of section	30005
1509.13 of the Revised Code, and all rules and orders of the chief	30006
relating thereto, in an amount set by rule of the chief.	30007

The owner may deposit with the chief, instead of a surety	30008
bond, cash in an amount equal to the surety bond as prescribed	30009
pursuant to this section or negotiable certificates of deposit or	30010
irrevocable letters of credit, issued by any bank organized or	30011
transacting business in this state or by any savings and loan	30012
association as defined in section 1151.01 of the Revised Code,	30013
having a cash value equal to or greater than the amount of the	30014
surety bond as prescribed pursuant to this section. Cash or	30015
certificates of deposit shall be deposited upon the same terms as	30016
those upon which surety bonds may be deposited. If certificates of	30017
deposit are deposited with the chief instead of a surety bond, the	30018
chief shall require the bank or savings and loan association that	30019
issued any such certificate to pledge securities of a cash value	30020
equal to the amount of the certificate that is in excess of the	30021
amount insured by any of the agencies and instrumentalities	30022
created under the "Federal Deposit Insurance Act," 64 Stat. 873	30023
(1950), 12 U.S.C. 1811, as amended, and regulations adopted under	30024
it, including at least the federal deposit insurance corporation,	30025
bank insurance fund, and savings association insurance fund. The	30026
securities shall be security for the repayment of the certificate	30027
of deposit.	30028

Immediately upon a deposit of cash, certificates of deposit,	30029
or letters of credit with the chief, the chief shall deliver them	30030
to the treasurer of state who shall hold them in trust for the	30031
purposes for which they have been deposited.	30032

Instead of a surety bond, the chief may accept proof of	30033
financial responsibility consisting of a sworn financial statement	30034
showing a net financial worth within this state equal to twice the	30035
amount of the bond for which it substitutes and, as may be	30036
required by the chief, a list of producing properties of the owner	30037
within this state or other evidence showing ability and intent to	30038
comply with the law and rules concerning restoration and plugging	30039
that may be required by rule of the chief. The owner of an exempt	30040
Mississippian well is not required to file scheduled updates of	30041
the financial documents, but shall file updates of those documents	30042
if requested to do so by the chief. The owner of a nonexempt	30043
Mississippian well shall file updates of the financial documents	30044
in accordance with a schedule established by rule of the chief.	30045
The chief, upon determining that an owner for whom the chief has	30046
accepted proof of financial responsibility instead of bond cannot	30047
demonstrate financial responsibility, shall order that the owner	30048
execute and file a bond or deposit cash, certificates of deposit,	30049
or irrevocable letters of credit as required by this section for	30050
the wells specified in the order within ten days of receipt of the	30051
order. If the order is not complied with, all wells of the owner	30052
that are specified in the order and for which no bond is filed or	30053
cash, certificates of deposit, or letters of credit are deposited	30054
shall be plugged. No owner shall fail or refuse to plug such a	30055
well. Each day on which such a well remains unplugged thereafter	30056
constitutes a separate offense.	30057

The surety bond provided for in this section shall be	30058
executed by a surety company authorized to do business in this	30059
state.	30060

The chief shall not approve any bond until it is personally	30061
signed and acknowledged by both principal and surety, or as to	30062
either by the principal's or surety's attorney in fact, with a	30063
certified copy of the power of attorney attached thereto. The	30064
chief shall not approve a bond unless there is attached a	30065
certificate of the superintendent of insurance that the company is	30066
authorized to transact a fidelity and surety business in this	30067
state.	30068

All bonds shall be given in a form to be prescribed by the	30069
chief and shall run to the state as obligee.	30070

An owner of an exempt Mississippian well or an exempt	30071
domestic well, in lieu of filing a surety bond, cash in an amount	30072
equal to the surety bond, certificates of deposit, irrevocable	30073
letters of credit, or a sworn financial statement, may file a	30074
one-time fee of fifty dollars, which shall be deposited in the oil	30075
and gas well plugging fund created in section 1509.071 of the	30076
Revised Code.	30077

An owner, operator, producer, or other person shall not	30078
operate a well or produce from a well at any time if the owner,	30079
operator, producer, or other person has not satisfied the	30080
requirements established in this section.	30081

Sec. 1509.071. (A) When the chief of the division of ~~mineral~~	30082
oil and gas resources management finds that an owner has failed to	30083
comply with a final nonappealable order issued or compliance	30084
agreement entered into under section 1509.04, the restoration	30085
requirements of section 1509.072, plugging requirements of section	30086
1509.12, or permit provisions of section 1509.13 of the Revised	30087
Code, or rules and orders relating thereto, the chief shall make a	30088
finding of that fact and declare any surety bond filed to ensure	30089
compliance with those sections and rules forfeited in the amount	30090
set by rule of the chief. The chief thereupon shall certify the	30091
total forfeiture to the attorney general, who shall proceed to	30092
collect the amount of the forfeiture. In addition, the chief may	30093
require an owner, operator, producer, or other person who	30094
forfeited a surety bond to post a new surety bond in the amount of	30095
fifteen thousand dollars for a single well, thirty thousand	30096
dollars for two wells, or fifty thousand dollars for three or more	30097
wells.	30098

In lieu of total forfeiture, the surety or owner, at the	30099
surety's or owner's option, may cause the well to be properly	30100
plugged and abandoned and the area properly restored or pay to the	30101
treasurer of state the cost of plugging and abandonment.	30102

(B) All moneys collected because of forfeitures of bonds as	30103
provided in this section shall be deposited in the state treasury	30104
to the credit of the oil and gas well fund created in section	30105
1509.02 of the Revised Code.	30106

The chief annually shall spend not less than fourteen per	30107
cent of the revenue credited to the fund during the previous	30108
fiscal year for the following purposes:	30109

(1) In accordance with division (D) of this section, to plug	30110
idle and orphaned wells or to restore the land surface properly as	30111
required in section 1509.072 of the Revised Code;	30112

(2) In accordance with division (E) of this section, to	30113
correct conditions that the chief reasonably has determined are	30114
causing imminent health or safety risks at an idle and orphaned	30115
well or a well for which the owner cannot be contacted in order to	30116
initiate a corrective action within a reasonable period of time as	30117
determined by the chief.	30118

Expenditures from the fund shall be made only for lawful	30119
purposes. In addition, expenditures from the fund shall not be	30120
made to purchase real property or to remove a dwelling in order to	30121
access a well.	30122

(C)(1) Upon determining that the owner of a well has failed	30123
to properly plug and abandon it or to properly restore the land	30124
surface at the well site in compliance with the applicable	30125
requirements of this chapter and applicable rules adopted and	30126
orders issued under it or that a well is an abandoned well for	30127
which no funds are available to plug the well in accordance with	30128
this chapter, the chief shall do all of the following:	30129

(a) Determine from the records in the office of the county	30130
recorder of the county in which the well is located the identity	30131
of the owner of the land on which the well is located, the	30132
identity of the owner of the oil or gas lease under which the well	30133
was drilled or the identity of each person owning an interest in	30134
the lease, and the identities of the persons having legal title	30135
to, or a lien upon, any of the equipment appurtenant to the well;	30136

(b) Mail notice to the owner of the land on which the well is	30137
located informing the landowner that the well is to be plugged. If	30138
the owner of the oil or gas lease under which the well was drilled	30139
is different from the owner of the well or if any persons other	30140
than the owner of the well own interests in the lease, the chief	30141
also shall mail notice that the well is to be plugged to the owner	30142
of the lease or to each person owning an interest in the lease, as	30143
appropriate.	30144

(c) Mail notice to each person having legal title to, or a	30145
lien upon, any equipment appurtenant to the well, informing the	30146
person that the well is to be plugged and offering the person the	30147
opportunity to plug the well and restore the land surface at the	30148
well site at the person's own expense in order to avoid forfeiture	30149
of the equipment to this state.	30150

(2) If none of the persons described in division (C)(1)(c) of	30151
this section plugs the well within sixty days after the mailing of	30152
the notice required by that division, all equipment appurtenant to	30153
the well is hereby declared to be forfeited to this state without	30154
compensation and without the necessity for any action by the state	30155
for use to defray the cost of plugging and abandoning the well and	30156
restoring the land surface at the well site.	30157

(D) Expenditures from the fund for the purpose of division	30158
(B)(1) of this section shall be made in accordance with either of	30159
the following:	30160

(1) The expenditures may be made pursuant to contracts	30161
entered into by the chief with persons who agree to furnish all of	30162
the materials, equipment, work, and labor as specified and	30163
provided in such a contract for activities associated with the	30164
restoration or plugging of a well as determined by the chief. The	30165
activities may include excavation to uncover a well, geophysical	30166
methods to locate a buried well when clear evidence of leakage	30167
from the well exists, cleanout of wellbores to remove material	30168
from a failed plugging of a well, plugging operations,	30169
installation of vault and vent systems, including associated	30170
engineering certifications and permits, restoration of property,	30171
and repair of damage to property that is caused by such	30172
activities. Expenditures shall not be used for salaries,	30173
maintenance, equipment, or other administrative purposes, except	30174
for costs directly attributed to the plugging of an idle and	30175
orphaned well. Agents or employees of persons contracting with the	30176
chief for a restoration or plugging project may enter upon any	30177
land, public or private, on which the well is located for the	30178
purpose of performing the work. Prior to such entry, the chief	30179
shall give to the following persons written notice of the	30180
existence of a contract for a project to restore or plug a well,	30181
the names of the persons with whom the contract is made, and the	30182
date that the project will commence: the owner of the well, the	30183
owner of the land upon which the well is located, the owner or	30184
agents of adjoining land, and, if the well is located in the same	30185
township as or in a township adjacent to the excavations and	30186
workings of a mine and the owner or lessee of that mine has	30187
provided written notice identifying those townships to the chief	30188
at any time during the immediately preceding three years, the	30189
owner or lessee of the mine.	30190

(2)(a) The owner of the land on which a well is located who	30191
has received notice under division (C)(1)(b) of this section may	30192
plug the well and be reimbursed by the division of oil and gas	30193
resources management for the reasonable cost of plugging the well.	30194
In order to plug the well, the landowner shall submit an	30195
application to the chief on a form prescribed by the chief and	30196
approved by the technical advisory council on oil and gas created	30197
in section 1509.38 of the Revised Code. The application, at a	30198
minimum, shall require the landowner to provide the same	30199
information as is required to be included in the application for a	30200
permit to plug and abandon under section 1509.13 of the Revised	30201
Code. The application shall be accompanied by a copy of a proposed	30202
contract to plug the well prepared by a contractor regularly	30203
engaged in the business of plugging oil and gas wells. The	30204
proposed contract shall require the contractor to furnish all of	30205
the materials, equipment, work, and labor necessary to plug the	30206
well properly and shall specify the price for doing the work,	30207
including a credit for the equipment appurtenant to the well that	30208
was forfeited to the state through the operation of division	30209
(C)(2) of this section. Expenditures under division (D)(2)(a) of	30210
this section shall be consistent with the expenditures for	30211
activities described in division (D)(1) of this section. The	30212
application also shall be accompanied by the permit fee required	30213
by section 1509.13 of the Revised Code unless the chief, in the	30214
chief's discretion, waives payment of the permit fee. The	30215
application constitutes an application for a permit to plug and	30216
abandon the well for the purposes of section 1509.13 of the	30217
Revised Code.	30218

(b) Within thirty days after receiving an application and	30219
accompanying proposed contract under division (D)(2)(a) of this	30220
section, the chief shall determine whether the plugging would	30221
comply with the applicable requirements of this chapter and	30222
applicable rules adopted and orders issued under it and whether	30223
the cost of the plugging under the proposed contract is	30224
reasonable. If the chief determines that the proposed plugging	30225
would comply with those requirements and that the proposed cost of	30226
the plugging is reasonable, the chief shall notify the landowner	30227
of that determination and issue to the landowner a permit to plug	30228
and abandon the well under section 1509.13 of the Revised Code.	30229
Upon approval of the application and proposed contract, the chief	30230
shall transfer ownership of the equipment appurtenant to the well	30231
to the landowner. The chief may disapprove an application	30232
submitted under division (D)(2)(a) of this section if the chief	30233
determines that the proposed plugging would not comply with the	30234
applicable requirements of this chapter and applicable rules	30235
adopted and orders issued under it, that the cost of the plugging	30236
under the proposed contract is unreasonable, or that the proposed	30237
contract is not a bona fide, ~~arms~~arm's length contract.	30238

(c) After receiving the chief's notice of the approval of the	30239
application and permit to plug and abandon a well under division	30240
(D)(2)(b) of this section, the landowner shall enter into the	30241
proposed contract to plug the well.	30242

(d) Upon determining that the plugging has been completed in	30243
compliance with the applicable requirements of this chapter and	30244
applicable rules adopted and orders issued under it, the chief	30245
shall reimburse the landowner for the cost of the plugging as set	30246
forth in the proposed contract approved by the chief. The	30247
reimbursement shall be paid from the oil and gas well fund. If the	30248
chief determines that the plugging was not completed in accordance	30249
with the applicable requirements, the chief shall not reimburse	30250
the landowner for the cost of the plugging, and the landowner or	30251
the contractor, as applicable, promptly shall transfer back to	30252
this state title to and possession of the equipment appurtenant to	30253
the well that previously was transferred to the landowner under	30254
division (D)(2)(b) of this section. If any such equipment was	30255
removed from the well during the plugging and sold, the landowner	30256
shall pay to the chief the proceeds from the sale of the	30257
equipment, and the chief promptly shall pay the moneys so received	30258
to the treasurer of state for deposit into the oil and gas well	30259
fund.	30260

The chief may establish an annual limit on the number of	30261
wells that may be plugged under division (D)(2) of this section or	30262
an annual limit on the expenditures to be made under that	30263
division.	30264

As used in division (D)(2) of this section, "plug" and	30265
"plugging" include the plugging of the well and the restoration of	30266
the land surface disturbed by the plugging.	30267

(E) Expenditures from the oil and gas well fund for the	30268
purpose of division (B)(2) of this section may be made pursuant to	30269
contracts entered into by the chief with persons who agree to	30270
furnish all of the materials, equipment, work, and labor as	30271
specified and provided in such a contract. The competitive bidding	30272
requirements of Chapter 153. of the Revised Code do not apply if	30273
the chief reasonably determines that correction of the applicable	30274
health or safety risk requires immediate action. The chief,	30275
designated representatives of the chief, and agents or employees	30276
of persons contracting with the chief under this division may	30277
enter upon any land, public or private, for the purpose of	30278
performing the work.	30279

(F) Contracts entered into by the chief under this section	30280
are not subject to either of the following:	30281

(1) Chapter 4115. of the Revised Code;

30282

(2) Section 153.54 of the Revised Code, except that the	30283
contractor shall obtain and provide to the chief as a bid guaranty	30284
a surety bond or letter of credit in an amount equal to ten per	30285
cent of the amount of the contract.	30286

(G) The owner of land on which a well is located who has	30287
received notice under division (C)(1)(b) of this section, in lieu	30288
of plugging the well in accordance with division (D)(2) of this	30289
section, may cause ownership of the well to be transferred to an	30290
owner who is lawfully doing business in this state and who has met	30291
the financial responsibility requirements established under	30292
section 1509.07 of the Revised Code, subject to the approval of	30293
the chief. The transfer of ownership also shall be subject to the	30294
landowner's filing the appropriate forms required under section	30295
1509.31 of the Revised Code and providing to the chief sufficient	30296
information to demonstrate the landowner's or owner's right to	30297
produce a formation or formations. That information may include a	30298
deed, a lease, or other documentation of ownership or property	30299
rights.	30300

The chief shall approve or disapprove the transfer of	30301
ownership of the well. If the chief approves the transfer, the	30302
owner is responsible for operating the well in accordance with	30303
this chapter and rules adopted under it, including, without	30304
limitation, all of the following:	30305

(1) Filing an application with the chief under section	30306
1509.06 of the Revised Code if the owner intends to drill deeper	30307
or produce a formation that is not listed in the records of the	30308
division for that well;	30309

(2) Taking title to and possession of the equipment	30310
appurtenant to the well that has been identified by the chief as	30311
having been abandoned by the former owner;	30312

(3) Complying with all applicable requirements that are	30313
necessary to drill deeper, plug the well, or plug back the well.	30314

(H) The chief shall issue an order that requires the owner of	30315
a well to pay the actual documented costs of a corrective action	30316
that is described in division (B)(2) of this section concerning	30317
the well. The chief shall transmit the money so recovered to the	30318
treasurer of state who shall deposit the money in the state	30319
treasury to the credit of the oil and gas well fund.	30320

Sec. 1509.072. No oil or gas well owner or agent of an oil	30321
or gas well owner shall fail to restore the land surface within	30322
the area disturbed in siting, drilling, completing, and producing	30323
the well as required in this section.	30324

(A) Within fourteen days after the date upon which the	30325
drilling of a well is completed to total depth in an urbanized	30326
area and within two months after the date upon which the drilling	30327
of a well is completed in all other areas, the owner or the	30328
owner's agent, in accordance with the restoration plan filed under	30329
division (A)(10) of section 1509.06 of the Revised Code, shall	30330
fill all the pits for containing brine and other waste substances	30331
resulting, obtained, or produced in connection with exploration or	30332
drilling for oil or gas that are not required by other state or	30333
federal law or regulation, and remove all drilling supplies and	30334
drilling equipment. Unless the chief of the division of ~~mineral~~	30335
oil and gas resources management approves a longer time period,	30336
within three months after the date upon which the surface drilling	30337
of a well is commenced in an urbanized area and within six months	30338
after the date upon which the surface drilling of a well is	30339
commenced in all other areas, the owner or the owner's agent shall	30340
grade or terrace and plant, seed, or sod the area disturbed that	30341
is not required in production of the well where necessary to bind	30342
the soil and prevent substantial erosion and sedimentation. If the	30343
chief finds that a pit used for containing brine, other waste	30344
substances, or oil is in violation of section 1509.22 of the	30345
Revised Code or rules adopted or orders issued under it, the chief	30346
may require the pit to be emptied and closed before expiration of	30347
the fourteen-day or three-month restoration period.	30348

(B) Within three months after a well that has produced oil or	30349
gas is plugged in an urbanized area and within six months after a	30350
well that has produced oil or gas is plugged in all other areas,	30351
or after the plugging of a dry hole, unless the chief approves a	30352
longer time period, the owner or the owner's agent shall remove	30353
all production and storage structures, supplies, and equipment,	30354
and any oil, salt water, and debris, and fill any remaining	30355
excavations. Within that period the owner or the owner's agent	30356
shall grade or terrace and plant, seed, or sod the area disturbed	30357
where necessary to bind the soil and prevent substantial erosion	30358
and sedimentation.	30359

The owner shall be released from responsibility to perform	30360
any or all restoration requirements of this section on any part or	30361
all of the area disturbed upon the filing of a request for a	30362
waiver with and obtaining the written approval of the chief, which	30363
request shall be signed by the surface owner to certify the	30364
approval of the surface owner of the release sought. The chief	30365
shall approve the request unless the chief finds upon inspection	30366
that the waiver would be likely to result in substantial damage to	30367
adjoining property, substantial contamination of surface or	30368
underground water, or substantial erosion or sedimentation.	30369

The chief, by order, may shorten the time periods provided	30370
for under division (A) or (B) of this section if failure to	30371
shorten the periods would be likely to result in damage to public	30372
health or the waters or natural resources of the state.	30373

The chief, upon written application by an owner or an owner's	30374
agent showing reasonable cause, may extend the period within which	30375
restoration shall be completed under divisions (A) and (B) of this	30376
section, but not to exceed a further six-month period, except	30377
under extraordinarily adverse weather conditions or when essential	30378
equipment, fuel, or labor is unavailable to the owner or the	30379
owner's agent.	30380

If the chief refuses to approve a request for waiver or	30381
extension, the chief shall do so by order.	30382

Sec. 1509.073. A person that is issued a permit under this	30383
chapter to drill a new well or drill an existing well deeper in an	30384
urbanized area shall establish fluid drilling conditions prior to	30385
penetration of the Onondaga limestone and continue to use fluid	30386
drilling until total depth of the well is achieved unless the	30387
chief of the division of ~~mineral~~oil and gas resources management	30388
authorizes such drilling without using fluid.	30389

Sec. 1509.08. Upon receipt of an application for a permit	30390
required by section 1509.05 of the Revised Code, or upon receipt	30391
of an application for a permit to plug and abandon under section	30392
1509.13 of the Revised Code, the chief of the division of ~~mineral~~	30393
oil and gas resources management shall determine whether the well	30394
is or is to be located in a coal bearing township.	30395

Whether or not the well is or is to be located in a coal	30396
bearing township, the chief, by order, may refuse to issue a	30397
permit required by section 1509.05 of the Revised Code to any	30398
applicant who at the time of applying for the permit is in	30399
material or substantial violation of this chapter or rules adopted	30400
or orders issued under it. The chief shall refuse to issue a	30401
permit to any applicant who at the time of applying for the permit	30402
has been found liable by a final nonappealable order of a court of	30403
competent jurisdiction for damage to streets, roads, highways,	30404
bridges, culverts, or drainways pursuant to section 4513.34 or	30405
5577.12 of the Revised Code until the applicant provides the chief	30406
with evidence of compliance with the order. No applicant shall	30407
attempt to circumvent this provision by applying for a permit	30408
under a different name or business organization name, by	30409
transferring responsibility to another person or entity, by	30410
abandoning the well or lease, or by any other similar act.	30411

If the well is not or is not to be located in a coal bearing	30412
township, or if it is to be located in a coal bearing township,	30413
but the landowner submits an affidavit attesting to ownership of	30414
the property in fee simple, including the coal, and has no	30415
objection to the well, the chief shall issue the permit.	30416

If the application to drill, reopen, or convert concerns a	30417
well that is or is to be located in a coal bearing township, the	30418
chief shall transmit to the chief of the division of mineral	30419
resources management two copies of the application and three	30420
copies of the map required in section 1509.06 of the Revised Code,	30421
except that, when the affidavit with the waiver of objection	30422
described above is submitted, the chief of the division of oil and	30423
gas resources management shall not transmit the copies.	30424

The chief of the division of mineral resources management	30425
immediately shall notify the owner or lessee of any affected mine	30426
that the application has been filed and send to the owner or	30427
lessee two copies of the map accompanying the application setting	30428
forth the location of the well.	30429

If the owner or lessee objects to the location of the well or	30430
objects to any location within fifty feet of the original location	30431
as a possible site for relocation of the well, the owner or lessee	30432
shall notify the chief of the division of mineral resources	30433
management of the objection, giving the reasons for the objection	30434
and, if applicable, indicating on a copy of the map the particular	30435
location or locations within fifty feet of the original location	30436
to which the owner or lessee objects as a site for possible	30437
relocation of the well, within six days after the receipt of the	30438
notice. If the chief receives no objections from the owner or	30439
lessee of the mine within ten days after the receipt of the notice	30440
by the owner or lessee, or if in the opinion of the chief the	30441
objections offered by the owner or lessee are not sufficiently	30442
well founded, the chief immediately shall notify the owner or	30443
lessee of those findings. The owner or lessee may appeal the	30444
decision of the chief to the reclamation commission under section	30445
1513.13 of the Revised Code. The appeal shall be filed within	30446
fifteen days, notwithstanding provisions in divisions (A)(1) of	30447
section 1513.13 of the Revised Code, to the contrary, from the	30448
date on which the owner or lessee receives the notice. If the	30449
appeal is not filed within that time, the chief immediately shall	30450
approve the application ~~and~~, retain a copy of the application and	30451
map, and return a copy of the application to the chief of the	30452
division of oil and gas resources management with the approval	30453
noted on it. The chief of the division of oil and gas resources	30454
management then shall issue the permit if the provisions of this	30455
chapter pertaining to the issuance of such a permit have been	30456
complied with.	30457

If the chief of the division of mineral resources management	30458
receives an objection from the owner or lessee of the mine as to	30459
the location of the well within ten days after receipt of the	30460
notice by the owner or lessee, and if in the opinion of the chief	30461
the objection is well founded, the chief shall disapprove the	30462
application and ~~suggest~~immediately return it to the chief of the	30463
division of oil and gas resources management together with the	30464
reasons for disapproval and a suggestion for a new location for	30465
the well, provided that the suggested new location shall not be a	30466
location within fifty feet of the original location to which the	30467
owner or lessee has objected as a site for possible relocation of	30468
the well if the chief of the division of mineral resources	30469
management has determined that the objection is well founded. The	30470
chief of the division of oil and gas resources management	30471
immediately shall notify the applicant for the permit of the	30472
disapproval and any suggestion made by the chief of the division	30473
of mineral resources management as to a new location for the well.	30474
The applicant may withdraw the application or amend the	30475
application to drill the well at the location suggested by the	30476
chief, or the applicant may appeal the disapproval of the	30477
application by the chief to the reclamation commission.	30478

If the chief of the division of mineral resources management	30479
receives no objection from the owner or lessee of a mine as to the	30480
location of the well, but does receive an objection from the owner	30481
or lessee as to one or more locations within fifty feet of the	30482
original location as possible sites for relocation of the well	30483
within ten days after receipt of the notice by the owner or	30484
lessee, and if in the opinion of the chief the objection is well	30485
founded, the chief nevertheless shall approve the application and	30486
shall return it immediately to the chief of the division of oil	30487
and gas resources management together with the reasons for	30488
disapproving any of the locations to which the owner or lessee	30489
objects as possible sites for the relocation of the well. The	30490
chief of the division of oil and gas resources management then	30491
shall issue a permit if the provisions of this chapter pertaining	30492
to the issuance of such a permit have been complied with,	30493
incorporating as a term or condition of the permit that the	30494
applicant is prohibited from commencing drilling at any location	30495
within fifty feet of the original location that has been	30496
disapproved by the chief of the division of mineral resources	30497
management. The applicant may appeal to the reclamation commission	30498
the terms and conditions of the permit prohibiting the	30499
commencement of drilling at any such location disapproved by the	30500
chief of the division of mineral resources management.	30501

Any such appeal shall be filed within fifteen days,	30502
notwithstanding provisions in division (A)(1) of section 1513.13	30503
of the Revised Code to the contrary, from the date the applicant	30504
receives notice of the disapproval of the application, any other	30505
location within fifty feet of the original location, or terms or	30506
conditions of the permit, or the owner or lessee receives notice	30507
of the chief's decision. No approval or disapproval of an	30508
application shall be delayed by the chief of the division of	30509
mineral resources management for more than fifteen days from the	30510
date of sending the notice of the application to the mine owner or	30511
lessee as required by this section.	30512

All appeals provided for in this section shall be treated as	30513
expedited appeals. The reclamation commission shall hear any such	30514
appeal in accordance with section 1513.13 of the Revised Code and	30515
issue a decision within thirty days of the filing of the notice of	30516
appeal.	30517

The chief of the division of oil and gas resources management	30518
shall not issue a permit to drill a new well or reopen a well that	30519
is or is to be located within three hundred feet of any opening of	30520
any mine used as a means of ingress, egress, or ventilation for	30521
persons employed in the mine, nor within one hundred feet of any	30522
building or inflammable structure connected with the mine and	30523
actually used as a part of the operating equipment of the mine,	30524
unless the chief of the division of mineral resources management	30525
determines that life or property will not be endangered by	30526
drilling and operating the well in that location.	30527

The chief of the division of mineral resources management may	30528
suspend the drilling or reopening of a well in a coal bearing	30529
township after determining that the drilling or reopening	30530
activities present an imminent and substantial threat to public	30531
health or safety or to miners' health or safety and having been	30532
unable to contact the chief of the division of oil and gas	30533
resources management to request an order of suspension under	30534
section 1509.06 of the Revised Code. Before issuing a suspension	30535
order for that purpose, the chief of the division of mineral	30536
resources management shall notify the owner in a manner that in	30537
the chief's judgment would provide reasonable notification that	30538
the chief intends to issue a suspension order. The chief may issue	30539
such an order without prior notification if reasonable attempts to	30540
notify the owner have failed, but in that event notification shall	30541
be given as soon thereafter as practical. Within five calendar	30542
days after the issuance of the order, the chief shall provide the	30543
owner an opportunity to be heard and to present evidence that the	30544
activities do not present an imminent and substantial threat to	30545
public health or safety or to miners' health or safety. If, after	30546
considering the evidence presented by the owner, the chief	30547
determines that the activities do not present such a threat, the	30548
chief shall revoke the suspension order. An owner may appeal a	30549
suspension order issued by the chief of the division of mineral	30550
resources management under this section to the reclamation	30551
commission in accordance with section 1513.13 of the Revised Code	30552
or may appeal the order directly to the court of common pleas of	30553
the county in which the well is located.	30554

Sec. 1509.09. A well may be drilled under a permit only at	30555
the location designated on the map required in section 1509.06 of	30556
the Revised Code. The location of a well may be changed after the	30557
issuance of a permit only with the approval of the chief of the	30558
division of ~~mineral~~oil and gas resources management and, if the	30559
well is located in a coal bearing township, with the approval of	30560
the chief of the division of mineral resources management using	30561
the procedures required in section 1509.08 of the Revised Code for	30562
a permit to drill a well unless the permit holder requests the	30563
issuance of an emergency drilling permit under this section due to	30564
a lost hole under such circumstances that completion of the well	30565
is not feasible at the original location. If a permit holder	30566
requests a change of location, the permit holder shall return the	30567
original permit and file an amended map indicating the proposed	30568
new location.	30569

Drilling shall not be commenced at a new location until the	30570
original permit bearing a notation of approval by the chief or	30571
chiefs is posted at the well site. However, a permit holder may	30572
commence drilling at a new location without first receiving the	30573
prior approval required by this section, if all of the following	30574
conditions are met:	30575

(A) Within one working day after spudding the new well, the	30576
permit holder files a request for an emergency drilling permit and	30577
submits to the chief of the division of oil and gas resources	30578
management an application for a permit that meets the requirements	30579
of section 1509.06 of the Revised Code, including the permit fee	30580
required by that section, with an amended map showing the new	30581
location;.	30582

(B) ~~A mineral~~An oil and gas resources inspector is present	30583
before spudding operations are commenced at the location;.	30584

(C) The original well is plugged prior to the skidding of the	30585
drilling rig to the new location, and the plugging is witnessed or	30586
verified by ~~a mineral~~an oil and gas resources inspector or, if	30587
the well is located in a coal bearing township, both a deputy mine	30588
inspector and ~~a mineral~~an oil and gas resources inspector unless	30589
the chief or the chief's authorized representative temporarily	30590
waives the requirement, but in any event the original well shall	30591
be plugged before the drilling rig is moved from the location;.	30592

(D) The new location is within fifty feet of the original	30593
location unless, upon request of the permit holder, the chief,	30594
with the approval of the chief of the division of mineral	30595
resources management if the well is located in a coal bearing	30596
township, agrees to a new location farther than fifty feet from	30597
the original location;.	30598

(E) The new location meets all the distance and spacing	30599
requirements prescribed by rules adopted under sections 1509.23	30600
and 1509.24 of the Revised Code;.	30601

(F) If the well is located in a coal bearing township, use of	30602
the new well location has not been disapproved by the chief of the	30603
division of mineral resources management and has not been	30604
prohibited as a term or condition of the permit under section	30605
1509.08 of the Revised Code.	30606

If the chief of the division of oil and gas resources	30607
management approves the change of location, the chief shall issue	30608
an emergency permit within two working days after the filing of	30609
the request for the emergency permit. If the chief disapproves the	30610
change of location, the chief shall, by order, deny the request	30611
and may issue an appropriate enforcement order under section	30612
1509.03 of the Revised Code.	30613

Sec. 1509.10. (A) Any person drilling within the state	30614
shall, within sixty days after the completion of drilling	30615
operations to the proposed total depth or after a determination	30616
that a well is a dry or lost hole, file with the division of	30617
~~mineral~~oil and gas resources management all wireline electric	30618
logs and an accurate well completion record on a form that is	30619
approved by the chief of the division of ~~mineral~~oil and gas	30620
resources management that designates:	30621

(1) The purpose for which the well was drilled;

30622

(2) The character, depth, and thickness of geological units	30623
encountered, including coal seams, mineral beds, associated fluids	30624
such as fresh water, brine, and crude oil, natural gas, and sour	30625
gas, if such seams, beds, fluids, or gases are known;	30626

(3) The dates on which drilling operations were commenced and	30627
completed;	30628

(4) The types of drilling tools used and the name of the	30629
person that drilled the well;	30630

(5) The length in feet of the various sizes of casing and	30631
tubing used in drilling the well, the amount removed after	30632
completion, the type and setting depth of each packer, all other	30633
data relating to cementing in the annular space behind such casing	30634
or tubing, and data indicating completion as a dry, gas, oil,	30635
combination oil and gas, brine injection, or artificial brine well	30636
or a stratigraphic test;	30637

(6) The number of perforations in the casing and the	30638
intervals of the perforations;	30639

(7) The elevation above mean sea level of the point from	30640
which the depth measurements were made, stating also the height of	30641
the point above ground level at the well, the total depth of the	30642
well, and the deepest geological unit that was penetrated in the	30643
drilling of the well;	30644

(8) If applicable, the type, volume, and concentration of	30645
acid, and the date on which acid was used in acidizing the well;	30646

(9) If applicable, the type and volume of fluid used to	30647
stimulate the reservoir of the well, the reservoir breakdown	30648
pressure, the method used for the containment of fluids recovered	30649
from the fracturing of the well, the methods used for the	30650
containment of fluids when pulled from the wellbore from swabbing	30651
the well, the average pumping rate of the well, and the name of	30652
the person that performed the well stimulation. In addition, the	30653
owner shall include a copy of the log from the stimulation of the	30654
well, a copy of the invoice for each of the procedures and methods	30655
described in division (A)(9) of this section that were used on a	30656
well, and a copy of the pumping pressure and rate graphs. However,	30657
the owner may redact from the copy of each invoice that is	30658
required to be included under division (A)(9) of this section the	30659
costs of and charges for the procedures and methods described in	30660
division (A)(9) of this section that were used on a well.	30661

(10) The name of the company that performed the logging of	30662
the well and the types of wireline electric logs performed on the	30663
well.	30664

The well completion record shall be submitted in duplicate.	30665
The first copy shall be retained as a permanent record in the	30666
files of the division, and the second copy shall be transmitted by	30667
the chief to the division of geological survey.	30668

(B)(1) Not later than sixty days after the completion of the	30669
drilling operations to the proposed total depth, the owner shall	30670
file all wireline electric logs with the division of ~~mineral~~oil	30671
and gas resources management and the chief shall transmit such	30672
logs electronically, if available, to the division of geological	30673
survey. Such logs may be retained by the owner for a period of not	30674
more than six months, or such additional time as may be granted by	30675
the chief in writing, after the completion of the well	30676
substantially to the depth shown in the application required by	30677
section 1509.06 of the Revised Code.	30678

(2) If a well is not completed within sixty days after the	30679
completion of drilling operations, the owner shall file with the	30680
division of oil and gas resources management a supplemental well	30681
completion record that includes all of the information required	30682
under this section within sixty days after the completion of the	30683
well.	30684

(C) Upon request in writing by the chief of the division of	30685
geological survey prior to the beginning of drilling of the well,	30686
the person drilling the well shall make available a complete set	30687
of cuttings accurately identified as to depth.	30688

(D) The form of the well completion record required by this	30689
section shall be one that has been approved by the chief of the	30690
division of ~~mineral~~oil and gas resources management and the chief	30691
of the division of geological survey. The filing of a log as	30692
required by this section fulfills the requirement of filing a log	30693
with the chief of the division of geological survey in section	30694
1505.04 of the Revised Code.	30695

(E) If there is a material listed on the invoice that is	30696
required by division (A)(9) of this section for which the division	30697
of ~~mineral~~oil and gas resources management does not have a	30698
material safety data sheet, the chief shall obtain a copy of the	30699
material safety data sheet for the material and post a copy of the	30700
material safety data sheet on the division's web site.	30701

Sec. 1509.11. The owner of any well producing or capable of	30702
producing oil or gas shall file with the chief of the division of	30703
~~mineral~~oil and gas resources management, on or before the	30704
thirty-first day of March, a statement of production of oil, gas,	30705
and brine for the last preceding calendar year in such form as the	30706
chief may prescribe. An owner that has more than one hundred wells	30707
in this state shall submit electronically the statement of	30708
production in a format that is approved by the chief. The chief	30709
shall include on the form, at the minimum, a request for the	30710
submittal of the information that a person who is regulated under	30711
this chapter is required to submit under the "Emergency Planning	30712
and Community Right-To-Know Act of 1986," 100 Stat. 1728, 42	30713
U.S.C.A. 11001, and regulations adopted under it, and that the	30714
division does not obtain through other reporting mechanisms.	30715

Sec. 1509.12. (A) No owner of any well shall construct a	30716
well, or permit defective casing in a well to leak fluids or	30717
gases, that causes damage to other permeable strata, underground	30718
sources of drinking water, or the surface of the land or that	30719
threatens the public health and safety or the environment. Upon	30720
the discovery that the casing in a well is defective or that a	30721
well was not adequately constructed, the owner of the well shall	30722
notify the chief of the division of ~~mineral~~oil and gas resources	30723
management within twenty-four hours of the discovery, and the	30724
owner shall immediately repair the casing, correct the	30725
construction inadequacies, or plug and abandon the well.	30726

(B) When the chief finds that a well should be plugged, the	30727
chief shall notify the owner to that effect by order in writing	30728
and shall specify in the order a reasonable time within which to	30729
comply. No owner shall fail or refuse to plug a well within the	30730
time specified in the order. Each day on which such a well remains	30731
unplugged thereafter constitutes a separate offense.	30732

Where the plugging method prescribed by rules adopted	30733
pursuant to section 1509.15 of the Revised Code cannot be applied	30734
or if applied would be ineffective in carrying out the protection	30735
that the law is meant to give, the chief may designate a different	30736
method of plugging. The abandonment report shall show the manner	30737
in which the well was plugged.	30738

(C) In case of oil or gas wells abandoned prior to September	30739
1, 1978, the board of county commissioners of the county in which	30740
the wells are located may submit to the electors of the county the	30741
question of establishing a special fund, by general levy, by	30742
general bond issue, or out of current funds, which shall be	30743
approved by a majority of the electors voting upon that question	30744
for the purpose of plugging the wells. The fund shall be	30745
administered by the board and the plugging of oil and gas wells	30746
shall be under the supervision of the chief, and the board shall	30747
let contracts for that purpose, provided that the fund shall not	30748
be used for the purpose of plugging oil and gas wells that were	30749
abandoned subsequent to September 1, 1978.	30750

Sec. 1509.13. (A) No person shall plug and abandon a well	30751
without having a permit to do so issued by the chief of the	30752
division of ~~mineral~~oil and gas resources management. The permit	30753
shall be issued by the chief in accordance with this chapter and	30754
shall be valid for a period of twenty-four months from the date of	30755
issue.	30756

(B) Application by the owner for a permit to plug and abandon	30757
shall be filed as many days in advance as will be necessary for a	30758
~~mineral~~an oil and gas resources inspector or, if the well is	30759
located in a coal bearing township, both a deputy mine inspector	30760
and ~~a mineral~~an oil and gas resources inspector to be present at	30761
the plugging. The application shall be filed with the chief upon a	30762
form that the chief prescribes and shall contain the following	30763
information:	30764

(1) The name and address of the owner;

30765

(2) The signature of the owner or the owner's authorized	30766
agent. When an authorized agent signs an application, it shall be	30767
accompanied by a certified copy of the appointment as that agent.	30768

(3) The location of the well identified by section or lot	30769
number, city, village, township, and county;	30770

(4) Designation of well by name and number;

30771

(5) The total depth of the well to be plugged;

30772

(6) The date and amount of last production from the well;

30773

(7) Other data that the chief may require.

30774

(C) If oil or gas has been produced from the well, the	30775
application shall be accompanied by a fee of two hundred fifty	30776
dollars. If a well has been drilled in accordance with law and the	30777
permit is still valid, the permit holder may receive approval to	30778
plug the well from ~~a mineral~~an oil and gas resources inspector so	30779
that the well can be plugged and abandoned without undue delay.	30780
Unless waived by ~~a mineral~~an oil and gas resources inspector,	30781
the owner of a well or the owner's authorized representative shall	30782
notify ~~a mineral~~an oil and gas resources inspector at least	30783
twenty-four hours prior to the commencement of the plugging of a	30784
well. No well shall be plugged and abandoned without ~~a mineral~~an	30785
oil and gas resources inspector present unless permission has been	30786
granted by the chief. The owner of a well that has produced oil or	30787
gas shall give written notice at the same time to the owner of the	30788
land upon which the well is located and to all lessors that	30789
receive gas from the well pursuant to a lease agreement. If the	30790
well penetrates or passes within one hundred feet of the	30791
excavations and workings of a mine, the owner of the well shall	30792
give written notice to the owner or lessee of that mine, of the	30793
well owner's intention to abandon the well and of the time when	30794
the well owner will be prepared to commence plugging it.	30795

(D) An applicant may file a request with the chief for	30796
expedited review of an application for a permit to plug and	30797
abandon a well. The chief may refuse to accept a request for	30798
expedited review if, in the chief's judgment, acceptance of the	30799
request will prevent the issuance, within twenty-one days of	30800
filing, of permits for which applications filed under section	30801
1509.06 of the Revised Code are pending. In addition to a complete	30802
application for a permit that meets the requirements of this	30803
section and the permit fee prescribed by this section, if	30804
applicable, a request shall be accompanied by a nonrefundable	30805
filing fee of five hundred dollars unless the chief has ordered	30806
the applicant to plug and abandon the well. When a request for	30807
expedited review is filed, the chief shall immediately begin to	30808
process the application and shall issue a permit within seven days	30809
of the filing of the request unless the chief, by order, denies	30810
the application.	30811

(E) This section does not apply to a well plugged or	30812
abandoned in compliance with section 1571.05 of the Revised Code.	30813

Sec. 1509.14. Any person who abandons a well, when written	30814
permission has been granted by the chief of the division of	30815
~~mineral~~oil and gas resources management to abandon and plug the	30816
well without an inspector being present to supervise the plugging,	30817
shall make a written report of the abandonment to the chief. The	30818
report shall be submitted not later than thirty days after the	30819
date of abandonment and shall include all of the following:	30820

(A) The date of abandonment;

30821

(B) The name of the owner or operator of the well at the time	30822
of abandonment and the post-office address of the owner or	30823
operator;	30824

(C) The location of the well as to township and county and	30825
the name of the owner of the surface upon which the well is	30826
drilled, with the address thereof;	30827

(D) The date of the permit to drill;

30828

(E) The date when drilled;

30829

(F) The depth of the well;

30830

(G) The depth of the top of the formation to which the well	30831
was drilled;	30832

(H) The depth of each seam of coal drilled through, if known;

30833

(I) A detailed report as to how the well was plugged, giving	30834
in particular the manner in which the coal and various formations	30835
were plugged, and the date of the plugging of the well, including	30836
the names of those who witnessed the plugging of the well.	30837

The report shall be signed by the owner or operator, or the	30838
agent of the owner or operator, who abandons and plugs the well	30839
and verified by the oath of the party so signing. For the purposes	30840
of this section, the ~~mineral~~oil and gas resources inspectors may	30841
take acknowledgments and administer oaths to the parties signing	30842
the report.	30843

Sec. 1509.15. When any well is to be abandoned, it shall	30844
first be plugged in accordance with a method of plugging adopted	30845
by rule by the chief of the division of ~~mineral~~oil and gas	30846
resources management. The abandonment report shall show the manner	30847
in which the well was plugged.	30848

Sec. 1509.17. (A) A well shall be constructed in a manner	30849
that is approved by the chief of the division of ~~mineral~~oil and	30850
gas resources management as specified in the permit using	30851
materials that comply with industry standards for the type and	30852
depth of the well and the anticipated fluid pressures that are	30853
associated with the well. In addition, a well shall be constructed	30854
using sufficient steel or conductor casing in a manner that	30855
supports unconsolidated sediments, that protects and isolates all	30856
underground sources of drinking water as defined by the Safe	30857
Drinking Water Act, and that provides a base for a blowout	30858
preventer or other well control equipment that is necessary to	30859
control formation pressures and fluids during the drilling of the	30860
well and other operations to complete the well. Using steel	30861
production casing with sufficient cement, an oil and gas reservoir	30862
shall be isolated during well stimulation and during the	30863
productive life of the well. In addition, sour gas zones and gas	30864
bearing zones that have sufficient pressure and volume to	30865
over-pressurize the surface production casing annulus resulting in	30866
annular overpressurization shall be isolated using approved	30867
cementing, casing, and well construction practices. However,	30868
isolating an oil and gas reservoir shall not exclude open-hole	30869
completion. A well shall not be perforated for purposes of well	30870
stimulation in any zone that is located around casing that	30871
protects underground sources of drinking water without written	30872
authorization from the chief in accordance with division (D) of	30873
this section. When the well penetrates the excavations of a mine,	30874
the casing shall remain intact as provided in section 1509.18 of	30875
the Revised Code and be plugged and abandoned in accordance with	30876
section 1509.15 of the Revised Code.	30877

(B) The chief may adopt rules in accordance with Chapter 119.	30878
of the Revised Code that are consistent with division (A) of this	30879
section and that establish standards for constructing a well, for	30880
evaluating the quality of well construction materials, and for	30881
completing remedial cementing. In addition, the standards	30882
established in the rules shall consider local geology and various	30883
drilling conditions and shall require the use of reasonable	30884
methods that are based on sound engineering principles.	30885

(C) An owner or an owner's authorized representative shall	30886
notify ~~a mineral~~an oil and gas resources inspector each time that	30887
the owner or the authorized representative notifies a person to	30888
perform the cementing of the conductor casing, the surface casing,	30889
or the production casing. In addition, not later than sixty days	30890
after the completion of the cementing of the production casing, an	30891
owner shall submit to the chief a copy of the cement tickets for	30892
each cemented string of casing and a copy of all logs that were	30893
used to evaluate the quality of the cementing.	30894

(D) The chief shall grant an exemption from this section and	30895
rules adopted under it for a well if the chief determines that a	30896
cement bond log confirms zonal isolation and there is a minimum of	30897
five hundred feet between the uppermost perforation of the casing	30898
and the lowest depth of an underground source of drinking water.	30899

Sec. 1509.181. (A) The chief of the division of mineral	30900
resources management may order the immediate suspension of the	30901
drilling or reopening of a well in a coal bearing township after	30902
determining that the drilling or reopening activities present an	30903
imminent and substantial threat to public health or safety or to a	30904
miner's health or safety.	30905

(B) Before issuing an order under division (A) of this	30906
section, the chief shall notify the chief of the division of oil	30907
and gas resources management and the owner in any manner that the	30908
chief of the division of mineral resources management determines	30909
would provide reasonable notification of the chief's intent to	30910
issue a suspension order. However, the chief may order the	30911
immediate suspension of the drilling or reopening of a well in a	30912
coal bearing township without prior notification to the owner if	30913
the chief has made reasonable attempts to notify the owner and the	30914
attempts have failed. If the chief orders the immediate suspension	30915
of such drilling or reopening, the chief shall provide the chief	30916
of the division of oil and gas resources management and the owner	30917
notice of the order as soon as practical.	30918

(C) Not later than five days after the issuance of an order	30919
under division (A) of this section to immediately suspend the	30920
drilling or reopening of a well in a coal bearing township, the	30921
chief of the division of mineral resources management shall	30922
provide the owner an opportunity to be heard and to present	30923
evidence that the drilling or reopening activities will not likely	30924
result in an imminent and substantial threat to public health or	30925
safety or to a miner's health or safety, as applicable. If the	30926
chief, after considering all evidence presented by the owner,	30927
determines that the activities do not present such a threat, the	30928
chief shall revoke the suspension order.	30929

(D) Notwithstanding any other provision of this chapter, an	30930
owner may appeal a suspension order issued under this section to	30931
the reclamation commission in accordance with section 1513.13 of	30932
the Revised Code.	30933

Sec. 1509.19. An owner who elects to stimulate a well shall	30934
stimulate the well in a manner that will not endanger underground	30935
sources of drinking water. Not later than twenty-four hours before	30936
commencing the stimulation of a well, the owner or the owner's	30937
authorized representative shall notify ~~a mineral~~an oil and gas	30938
resources inspector. If during the stimulation of a well damage to	30939
the production casing or cement occurs and results in the	30940
circulation of fluids from the annulus of the surface production	30941
casing, the owner shall immediately terminate the stimulation of	30942
the well and notify the chief of the division of ~~mineral~~oil and	30943
gas resources management. If the chief determines that the casing	30944
and the cement may be remediated in a manner that isolates the oil	30945
and gas bearing zones of the well, the chief may authorize the	30946
completion of the stimulation of the well. If the chief determines	30947
that the stimulation of a well resulted in irreparable damage to	30948
the well, the chief shall order that the well be plugged and	30949
abandoned within thirty days of the issuance of the order.	30950

For purposes of determining the integrity of the remediation	30951
of the casing or cement of a well that was damaged during the	30952
stimulation of the well, the chief may require the owner of the	30953
well to submit cement evaluation logs, temperature surveys,	30954
pressure tests, or a combination of such logs, surveys, and tests.	30955

Sec. 1509.21. No person shall, without first having obtained	30956
a permit from the chief of the division of ~~mineral~~oil and gas	30957
resources management, conduct secondary or additional recovery	30958
operations, including any underground injection of fluids or	30959
carbon dioxide for the secondary or tertiary recovery of oil or	30960
natural gas or for the storage of hydrocarbons that are liquid at	30961
standard temperature or pressure, unless a rule of the chief	30962
expressly authorizes such operations without a permit. The permit	30963
shall be in addition to any permit required by section 1509.05 of	30964
the Revised Code. Secondary or additional recovery operations	30965
shall be conducted in accordance with rules and orders of the	30966
chief and any terms or conditions of the permit authorizing such	30967
operations. In addition, the chief may authorize tests to evaluate	30968
whether fluids or carbon dioxide may be injected in a reservoir	30969
and to determine the maximum allowable injection pressure. The	30970
tests shall be conducted in accordance with methods prescribed in	30971
rules of the chief or conditions of the permit. Rules adopted	30972
under this section shall include provisions regarding applications	30973
for and the issuance of permits; the terms and conditions of	30974
permits; entry to conduct inspections and to examine records to	30975
ascertain compliance with this section and rules, orders, and	30976
terms and conditions of permits adopted or issued thereunder; the	30977
provision and maintenance of information through monitoring,	30978
recordkeeping, and reporting; and other provisions in furtherance	30979
of the goals of this section and the Safe Drinking Water Act. To	30980
implement the goals of the Safe Drinking Water Act, the chief	30981
shall not issue a permit for the underground injection of fluids	30982
for the secondary or tertiary recovery of oil or natural gas or	30983
for the storage of hydrocarbons that are liquid at standard	30984
temperature and pressure, unless the chief concludes that the	30985
applicant has demonstrated that the injection will not result in	30986
the presence of any contaminant in underground water that supplies	30987
or can be reasonably expected to supply any public water system,	30988
such that the presence of any such contaminant may result in the	30989
system's not complying with any national primary drinking water	30990
regulation or may otherwise adversely affect the health of	30991
persons. Rules, orders, and terms or conditions of permits adopted	30992
or issued under this section shall be construed to be no more	30993
stringent than required for compliance with the Safe Drinking	30994
Water Act, unless essential to ensure that underground sources of	30995
drinking water will not be endangered.	30996

Sec. 1509.22. (A) Except when acting in accordance with	30997
section 1509.226 of the Revised Code, no person shall place or	30998
cause to be placed brine, crude oil, natural gas, or other fluids	30999
associated with the exploration or development of oil and gas	31000
resources in surface or ground water or in or on the land in such	31001
quantities or in such manner as actually causes or could	31002
reasonably be anticipated to cause either of the following:	31003

(1) Water used for consumption by humans or domestic animals	31004
to exceed the standards of the Safe Drinking Water Act;	31005

(2) Damage or injury to public health or safety or the	31006
environment.	31007

(B) No person shall store or dispose of brine in violation of	31008
a plan approved under division (A) of section 1509.222 or section	31009
1509.226 of the Revised Code, in violation of a resolution	31010
submitted under section 1509.226 of the Revised Code, or in	31011
violation of rules or orders applicable to those plans or	31012
resolutions.	31013

(C) The chief of the division of ~~mineral~~oil and gas	31014
resources management shall adopt rules and issue orders regarding	31015
storage and disposal of brine and other waste substances; however,	31016
the storage and disposal of brine and other waste substances and	31017
the chief's rules relating to storage and disposal are subject to	31018
all of the following standards:	31019

(1) Brine from any well except an exempt Mississippian well	31020
shall be disposed of only by injection into an underground	31021
formation, including annular disposal if approved by rule of the	31022
chief, which injection shall be subject to division (D) of this	31023
section; by surface application in accordance with section	31024
1509.226 of the Revised Code; in association with a method of	31025
enhanced recovery as provided in section 1509.21 of the Revised	31026
Code; or by other methods approved by the chief for testing or	31027
implementing a new technology or method of disposal. Brine from	31028
exempt Mississippian wells shall not be discharged directly into	31029
the waters of the state.	31030

(2) Muds, cuttings, and other waste substances shall not be	31031
disposed of in violation of any rule.	31032

(3) Pits or steel tanks shall be used as authorized by the	31033
chief for containing brine and other waste substances resulting	31034
from, obtained from, or produced in connection with drilling, well	31035
stimulation, reworking, reconditioning, plugging back, or plugging	31036
operations. The pits and steel tanks shall be constructed and	31037
maintained to prevent the escape of brine and other waste	31038
substances.	31039

(4) A dike or pit may be used for spill prevention and	31040
control. A dike or pit so used shall be constructed and maintained	31041
to prevent the escape of brine and crude oil, and the reservoir	31042
within such a dike or pit shall be kept reasonably free of brine,	31043
crude oil, and other waste substances.	31044

(5) Earthen impoundments constructed pursuant to the	31045
division's specifications may be used for the temporary storage of	31046
fluids used in the stimulation of a well.	31047

(6) No pit, earthen impoundment, or dike shall be used for	31048
the temporary storage of brine or other substances except in	31049
accordance with divisions (C)(3) to (5) of this section.	31050

(7) No pit or dike shall be used for the ultimate disposal of	31051
brine or other liquid waste substances.	31052

(D) No person, without first having obtained a permit from	31053
the chief, shall inject brine or other waste substances resulting	31054
from, obtained from, or produced in connection with oil or gas	31055
drilling, exploration, or production into an underground formation	31056
unless a rule of the chief expressly authorizes the injection	31057
without a permit. The permit shall be in addition to any permit	31058
required by section 1509.05 of the Revised Code, and the permit	31059
application shall be accompanied by a permit fee of one thousand	31060
dollars. The chief shall adopt rules in accordance with Chapter	31061
119. of the Revised Code regarding the injection into wells of	31062
brine and other waste substances resulting from, obtained from, or	31063
produced in connection with oil or gas drilling, exploration, or	31064
production. The rules may authorize tests to evaluate whether	31065
fluids or carbon dioxide may be injected in a reservoir and to	31066
determine the maximum allowable injection pressure, which shall be	31067
conducted in accordance with methods prescribed in the rules or in	31068
accordance with conditions of the permit. In addition, the rules	31069
shall include provisions regarding applications for and issuance	31070
of the permits required by this division; entry to conduct	31071
inspections and to examine and copy records to ascertain	31072
compliance with this division and rules, orders, and terms and	31073
conditions of permits adopted or issued under it; the provision	31074
and maintenance of information through monitoring, recordkeeping,	31075
and reporting; and other provisions in furtherance of the goals of	31076
this section and the Safe Drinking Water Act. To implement the	31077
goals of the Safe Drinking Water Act, the chief shall not issue a	31078
permit for the injection of brine or other waste substances	31079
resulting from, obtained from, or produced in connection with oil	31080
or gas drilling, exploration, or production unless the chief	31081
concludes that the applicant has demonstrated that the injection	31082
will not result in the presence of any contaminant in ground water	31083
that supplies or can reasonably be expected to supply any public	31084
water system, such that the presence of the contaminant may result	31085
in the system's not complying with any national primary drinking	31086
water regulation or may otherwise adversely affect the health of	31087
persons. This division and rules, orders, and terms and conditions	31088
of permits adopted or issued under it shall be construed to be no	31089
more stringent than required for compliance with the Safe Drinking	31090
Water Act unless essential to ensure that underground sources of	31091
drinking water will not be endangered.	31092

(E) The owner holding a permit, or an assignee or transferee	31093
who has assumed the obligations and liabilities imposed by this	31094
chapter and any rules adopted or orders issued under it pursuant	31095
to section 1509.31 of the Revised Code, and the operator of a well	31096
shall be liable for a violation of this section or any rules	31097
adopted or orders or terms or conditions of a permit issued under	31098
it.	31099

(F) An owner shall replace the water supply of the holder of	31100
an interest in real property who obtains all or part of the	31101
holder's supply of water for domestic, agricultural, industrial,	31102
or other legitimate use from an underground or surface source	31103
where the supply has been substantially disrupted by	31104
contamination, diminution, or interruption proximately resulting	31105
from the owner's oil or gas operation, or the owner may elect to	31106
compensate the holder of the interest in real property for the	31107
difference between the fair market value of the interest before	31108
the damage occurred to the water supply and the fair market value	31109
after the damage occurred if the cost of replacing the water	31110
supply exceeds this difference in fair market values. However,	31111
during the pendency of any order issued under this division, the	31112
owner shall obtain for the holder or shall reimburse the holder	31113
for the reasonable cost of obtaining a water supply from the time	31114
of the contamination, diminution, or interruption by the operation	31115
until the owner has complied with an order of the chief for	31116
compliance with this division or such an order has been revoked or	31117
otherwise becomes not effective. If the owner elects to pay the	31118
difference in fair market values, but the owner and the holder	31119
have not agreed on the difference within thirty days after the	31120
chief issues an order for compliance with this division, within	31121
ten days after the expiration of that thirty-day period, the owner	31122
and the chief each shall appoint an appraiser to determine the	31123
difference in fair market values, except that the holder of the	31124
interest in real property may elect to appoint and compensate the	31125
holder's own appraiser, in which case the chief shall not appoint	31126
an appraiser. The two appraisers appointed shall appoint a third	31127
appraiser, and within thirty days after the appointment of the	31128
third appraiser, the three appraisers shall hold a hearing to	31129
determine the difference in fair market values. Within ten days	31130
after the hearing, the appraisers shall make their determination	31131
by majority vote and issue their final determination of the	31132
difference in fair market values. The chief shall accept a	31133
determination of the difference in fair market values made by	31134
agreement of the owner and holder or by appraisers under this	31135
division and shall make and dissolve orders accordingly. This	31136
division does not affect in any way the right of any person to	31137
enforce or protect, under applicable law, the person's interest in	31138
water resources affected by an oil or gas operation.	31139

(G) In any action brought by the state for a violation of	31140
division (A) of this section involving any well at which annular	31141
disposal is used, there shall be a rebuttable presumption	31142
available to the state that the annular disposal caused the	31143
violation if the well is located within a one-quarter-mile radius	31144
of the site of the violation.	31145

Sec. 1509.221. (A) No person, without first having obtained	31146
a permit from the chief of the division of ~~mineral~~oil and gas	31147
resources management, shall drill a well or inject a substance	31148
into a well for the exploration for or extraction of minerals or	31149
energy, other than oil or natural gas, including, but not limited	31150
to, the mining of sulfur by the Frasch process, the solution	31151
mining of minerals, the in situ combustion of fossil fuel, or the	31152
recovery of geothermal energy to produce electric power, unless a	31153
rule of the chief expressly authorizes the activity without a	31154
permit. The permit shall be in addition to any permit required by	31155
section 1509.05 of the Revised Code. The chief shall adopt rules	31156
in accordance with Chapter 119. of the Revised Code governing the	31157
issuance of permits under this section. The rules shall include	31158
provisions regarding the matters the applicant for a permit shall	31159
demonstrate to establish eligibility for a permit; the form and	31160
content of applications for permits; the terms and conditions of	31161
permits; entry to conduct inspections and to examine and copy	31162
records to ascertain compliance with this section and rules,	31163
orders, and terms and conditions of permits adopted or issued	31164
thereunder; provision and maintenance of information through	31165
monitoring, recordkeeping, and reporting; and other provisions in	31166
furtherance of the goals of this section and the Safe Drinking	31167
Water Act. To implement the goals of the Safe Drinking Water Act,	31168
the chief shall not issue a permit under this section, unless the	31169
chief concludes that the applicant has demonstrated that the	31170
drilling, injection of a substance, and extraction of minerals or	31171
energy will not result in the presence of any contaminant in	31172
underground water that supplies or can reasonably be expected to	31173
supply any public water system, such that the presence of the	31174
contaminant may result in the system's not complying with any	31175
national primary drinking water regulation or may otherwise	31176
adversely affect the health of persons. The chief may issue,	31177
without a prior adjudication hearing, orders requiring compliance	31178
with this section and rules, orders, and terms and conditions of	31179
permits adopted or issued thereunder. This section and rules,	31180
orders, and terms and conditions of permits adopted or issued	31181
thereunder shall be construed to be no more stringent than	31182
required for compliance with the Safe Drinking Water Act, unless	31183
essential to ensure that underground sources of drinking water	31184
will not be endangered.	31185

(B)(1) There is levied on the owner of an injection well who	31186
has been issued a permit under division (D) of section 1509.22 of	31187
the Revised Code the following fees:	31188

(a) Five cents per barrel of each substance that is delivered	31189
to a well to be injected in the well when the substance is	31190
produced within the division of ~~mineral~~oil and gas resources	31191
management regulatory district in which the well is located or	31192
within an adjoining ~~mineral~~oil and gas resources management	31193
regulatory district;	31194

(b) Twenty cents per barrel of each substance that is	31195
delivered to a well to be injected in the well when the substance	31196
is not produced within the division of ~~mineral~~oil and gas	31197
resources management regulatory district in which the well is	31198
located or within an adjoining ~~mineral~~oil and gas resources	31199
management regulatory district.	31200

(2) The maximum number of barrels of substance per injection	31201
well in a calendar year on which a fee may be levied under	31202
division (B) of this section is five hundred thousand. If in a	31203
calendar year the owner of an injection well receives more than	31204
five hundred thousand barrels of substance to be injected in the	31205
owner's well and if the owner receives at least one substance that	31206
is produced within the division's regulatory district in which the	31207
well is located or within an adjoining regulatory district and at	31208
least one substance that is not produced within the division's	31209
regulatory district in which the well is located or within an	31210
adjoining regulatory district, the fee shall be calculated first	31211
on all of the barrels of substance that are not produced within	31212
the division's regulatory district in which the well is located or	31213
within an adjoining district at the rate established in division	31214
(B)(2) of this section. The fee then shall be calculated on the	31215
barrels of substance that are produced within the division's	31216
regulatory district in which the well is located or within an	31217
adjoining district at the rate established in division (B)(1) of	31218
this section until the maximum number of barrels established in	31219
division (B)(2) of this section has been attained.	31220

(3) The owner of an injection well who is issued a permit	31221
under division (D) of section 1509.22 of the Revised Code shall	31222
collect the fee levied by division (B) of this section on behalf	31223
of the division of ~~mineral~~oil and gas resources management and	31224
forward the fee to the division. The chief shall transmit all	31225
money received under division (B) of this section to the treasurer	31226
of state who shall deposit the money in the state treasury to the	31227
credit of the oil and gas well fund created in section 1509.02 of	31228
the Revised Code. The owner of an injection well who collects the	31229
fee levied by this division may retain up to three per cent of the	31230
amount that is collected.	31231

(4) The chief shall adopt rules in accordance with Chapter	31232
119. of the Revised Code establishing requirements and procedures	31233
for collection of the fee levied by division (B) of this section.	31234

(C) In an action under section 1509.04 or 1509.33 of the	31235
Revised Code to enforce this section, the court shall grant	31236
preliminary and permanent injunctive relief and impose a civil	31237
penalty upon the showing that the person against whom the action	31238
is brought has violated, is violating, or will violate this	31239
section or rules, orders, or terms or conditions of permits	31240
adopted or issued thereunder. The court shall not require, prior	31241
to granting such preliminary and permanent injunctive relief or	31242
imposing a civil penalty, proof that the violation was, is, or	31243
will be the result of intentional conduct or negligence. In any	31244
such action, any person may intervene as a plaintiff upon the	31245
demonstration that the person has an interest that is or may be	31246
adversely affected by the activity for which injunctive relief or	31247
a civil penalty is sought.	31248

Sec. 1509.222. (A)(1) Except as provided in section 1509.226	31249
of the Revised Code, no person shall transport brine by vehicle in	31250
this state unless the business entity that employs the person	31251
first registers with and obtains a registration certificate and	31252
identification number from the chief of the division of ~~mineral~~	31253
oil and gas resources management.	31254

(2) No more than one registration certificate shall be	31255
required of any business entity. Registration certificates issued	31256
under this section are not transferable. An applicant shall file	31257
an application with the chief, containing such information in such	31258
form as the chief prescribes, but including a plan for disposal	31259
that provides for compliance with the requirements of this chapter	31260
and rules of the chief pertaining to the transportation of brine	31261
by vehicle and the disposal of brine so transported and that lists	31262
all disposal sites that the applicant intends to use, the bond	31263
required by section 1509.225 of the Revised Code, and a	31264
certificate issued by an insurance company authorized to do	31265
business in this state certifying that the applicant has in force	31266
a liability insurance policy in an amount not less than three	31267
hundred thousand dollars bodily injury coverage and three hundred	31268
thousand dollars property damage coverage to pay damages for	31269
injury to persons or property caused by the collecting, handling,	31270
transportation, or disposal of brine. The policy shall be	31271
maintained in effect during the term of the registration	31272
certificate. The policy or policies providing the coverage shall	31273
require the insurance company to give notice to the chief if the	31274
policy or policies lapse for any reason. Upon such termination of	31275
the policy, the chief may suspend the registration certificate	31276
until proper insurance coverage is obtained. Each application for	31277
a registration certificate shall be accompanied by a nonrefundable	31278
fee of five hundred dollars.	31279

(3) If a business entity that has been issued a registration	31280
certificate under this section changes its name due to a business	31281
reorganization or merger, the business entity shall revise the	31282
bond or certificates of deposit required by section 1509.225 of	31283
the Revised Code and obtain a new certificate from an insurance	31284
company in accordance with division (A)(2) of this section to	31285
reflect the change in the name of the business entity.	31286

(B) The chief shall issue an order denying an application for	31287
a registration certificate if the chief finds that either of the	31288
following applies:	31289

(1) The applicant, at the time of applying for the	31290
registration certificate, has been found liable by a final	31291
nonappealable order of a court of competent jurisdiction for	31292
damage to streets, roads, highways, bridges, culverts, or	31293
drainways pursuant to section 4513.34 or 5577.12 of the Revised	31294
Code until the applicant provides the chief with evidence of	31295
compliance with the order.	31296

(2) The applicant's plan for disposal does not provide for	31297
compliance with the requirements of this chapter and rules of the	31298
chief pertaining to the transportation of brine by vehicle and the	31299
disposal of brine so transported.	31300

(C) No applicant shall attempt to circumvent division (B) of	31301
this section by applying for a registration certificate under a	31302
different name or business organization name, by transferring	31303
responsibility to another person or entity, or by any similar act.	31304

(D) A registered transporter shall apply to revise a disposal	31305
plan under procedures that the chief shall prescribe by rule.	31306
However, at a minimum, an application for a revision shall list	31307
all sources and disposal sites of brine currently transported. The	31308
chief shall deny any application for a revision of a plan under	31309
this division if the chief finds that the proposed revised plan	31310
does not provide for compliance with the requirements of this	31311
chapter and rules of the chief pertaining to the transportation of	31312
brine by vehicle and the disposal of brine so transported.	31313
Approvals and denials of revisions shall be by order of the chief.	31314

(E) The chief may adopt rules, issue orders, and attach terms	31315
and conditions to registration certificates as may be necessary to	31316
administer, implement, and enforce sections 1509.222 to 1509.226	31317
of the Revised Code for protection of public health or safety or	31318
conservation of natural resources.	31319

Sec. 1509.223. (A) No permit holder or owner of a well shall	31320
enter into an agreement with or permit any person to transport	31321
brine produced from the well who is not registered pursuant to	31322
section 1509.222 of the Revised Code or exempt from registration	31323
under section 1509.226 of the Revised Code.	31324

(B) Each registered transporter shall file with the chief of	31325
the division of ~~mineral~~oil and gas resources management, on or	31326
before the fifteenth day of April, a statement concerning brine	31327
transported, including quantities transported and source and	31328
delivery points, during the last preceding calendar year, and such	31329
other information in such form as the chief may prescribe.	31330

(C) Each registered transporter shall keep on each vehicle	31331
used to transport brine a daily log and have it available upon the	31332
request of the chief or an authorized representative of the chief	31333
or a peace officer. The log shall, at a minimum, include all of	31334
the following information:	31335

(1) The name of the owner or owners of the well or wells	31336
producing the brine to be transported;	31337

(2) The date and time the brine is loaded;

31338

(3) The name of the driver;

31339

(4) The amount of brine loaded at each collection point;

31340

(5) The disposal location;

31341

(6) The date and time the brine is disposed of and the amount	31342
of brine disposed of at each location.	31343

No registered transporter shall falsify or fail to keep or	31344
submit the log required by this division.	31345

(D) Each registered transporter shall legibly identify with	31346
reflective paints all vehicles employed in transporting or	31347
disposing of brine. Letters shall be no less than four inches in	31348
height and shall indicate the identification number issued by the	31349
chief, the word "brine," and the name and telephone number of the	31350
transporter.	31351

(E) The chief shall maintain and keep a current list of	31352
persons registered to transport brine under section 1509.222 of	31353
the Revised Code. The list shall be open to public inspection. It	31354
is an affirmative defense to a charge under division (A) of this	31355
section that at the time the permit holder or owner of a well	31356
entered into an agreement with or permitted a person to transport	31357
brine, the person was shown on the list as currently registered to	31358
transport brine.	31359

Sec. 1509.224. (A) In addition to any other remedies	31360
provided in this chapter, if the chief of the division of ~~mineral~~	31361
oil and gas resources management has reason to believe that a	31362
pattern of the same or similar violations of any requirements of	31363
~~sections~~section 1509.22, 1509.222, or 1509.223 of the Revised	31364
Code, or any rule adopted thereunder or term or condition of the	31365
registration certificate issued thereunder exists or has existed,	31366
and the violations are caused by the transporter's indifference,	31367
lack of diligence, or lack of reasonable care, or are willfully	31368
caused by the transporter, the chief shall immediately issue an	31369
order to the transporter to show cause why the certificate should	31370
not be suspended or revoked. After the issuance of the order, the	31371
chief shall provide the transporter an opportunity to be heard and	31372
to present evidence at an informal hearing conducted by the chief.	31373
If, at the conclusion of the hearing, the chief finds that such a	31374
pattern of violations exists or has existed, the chief shall issue	31375
an order suspending or revoking the transporter's registration	31376
certificate. An order suspending or revoking a certificate under	31377
this section may be appealed under sections 1509.36 and 1509.37 of	31378
the Revised Code, or notwithstanding any other provision of this	31379
chapter, may be appealed directly to the court of common pleas of	31380
Franklin county.	31381

(B) Before issuing an order denying a registration	31382
certificate; approving or denying approval of an application for	31383
revision of a registered transporter's plan for disposal; or to	31384
implement, administer, or enforce section 1509.22, 1509.222,	31385
1509.223, 1509.225, or 1509.226 of the Revised Code and rules and	31386
terms and conditions of registration certificates adopted or	31387
issued thereunder pertaining to the transportation of brine by	31388
vehicle and the disposal of brine so transported, the chief shall	31389
issue a preliminary order indicating the chief's intent to issue a	31390
final order. The preliminary order shall clearly state the nature	31391
of the chief's proposed action and the findings on which it is	31392
based and shall state that the preliminary order becomes a final	31393
order thirty days after its issuance unless the person to whom the	31394
preliminary order is directed submits to the chief a written	31395
request for an informal hearing before the chief within that	31396
thirty-day period. At the hearing the person may present evidence	31397
as to why the preliminary order should be revoked or modified.	31398
Based upon the findings from the informal hearing, the chief shall	31399
revoke, issue, or modify and issue the preliminary order as a	31400
final order. A final order may be appealed under sections 1509.36	31401
and 1509.37 of the Revised Code.	31402

Sec. 1509.225. (A) Before being issued a registration	31403
certificate under section 1509.222 of the Revised Code, an	31404
applicant shall execute and file with the division of ~~mineral~~oil	31405
and gas resources management a surety bond for fifteen thousand	31406
dollars to provide compensation for damage and injury resulting	31407
from transporters' violations of sections 1509.22, 1509.222, and	31408
1509.223 of the Revised Code, all rules and orders of the chief of	31409
the division of ~~mineral resource~~oil and gas resources management	31410
relating thereto, and all terms and conditions of the registration	31411
certificate imposed thereunder. The applicant may deposit with the	31412
chief, in lieu of a surety bond, cash in an amount equal to the	31413
surety bond as prescribed in this section, or negotiable	31414
certificates of deposit issued by any bank organized or	31415
transacting business in this state, or certificates of deposit	31416
issued by any building and loan association as defined in section	31417
1151.01 of the Revised Code, having a cash value equal to or	31418
greater than the amount of the surety bond as prescribed in this	31419
section. Cash or certificates of deposit shall be deposited upon	31420
the same terms as those upon which surety bonds may be deposited.	31421
If certificates of deposit are deposited with the chief in lieu of	31422
a surety bond, the chief shall require the bank or building and	31423
loan association that issued any such certificate to pledge	31424
securities of a cash value equal to the amount of the certificate	31425
that is in excess of the amount insured by any of the agencies and	31426
instrumentalities created under the "Federal Deposit Insurance	31427
Act," 64 Stat. 873 (1950), 12 U.S.C. 1811, as amended, and	31428
regulations adopted under it, including at least the federal	31429
deposit insurance corporation, bank insurance fund, and savings	31430
association insurance fund.	31431

Such securities shall be security for the repayment of the	31432
certificate of deposit. Immediately upon a deposit of cash or	31433
certificates with the chief, the chief shall deliver it to the	31434
treasurer of state who shall hold it in trust for the purposes for	31435
which it has been deposited.	31436

(B) The surety bond provided for in this section shall be	31437
executed by a surety company authorized to do business in this	31438
state. The chief shall not approve any bond until it is personally	31439
signed and acknowledged by both principal and surety, or as to	31440
either by an attorney in fact, with a certified copy of the power	31441
of attorney attached thereto. The chief shall not approve the bond	31442
unless there is attached a certificate of the superintendent of	31443
insurance that the company is authorized to transact a fidelity	31444
and surety business in this state. All bonds shall be given in a	31445
form to be prescribed by the chief.	31446

(C) If a registered transporter is found liable for a	31447
violation of section 1509.22, 1509.222, or 1509.223 of the Revised	31448
Code or a rule, order, or term or condition of a certificate	31449
involving, in any case, damage or injury to persons or property,	31450
or both, the court may order the forfeiture of any portion of the	31451
bond, cash, or other securities required by this section in full	31452
or partial payment of damages to the person to whom the damages	31453
are due. The treasurer of state and the chief shall deliver the	31454
bond or any cash or other securities deposited in lieu of bond, as	31455
specified in the court's order, to the person to whom the damages	31456
are due; however, execution against the bond, cash, or other	31457
securities, if necessary, is the responsibility of the person to	31458
whom the damages are due. The chief shall not release the bond,	31459
cash, or securities required by this section except by court order	31460
or until the registration is terminated.	31461

Sec. 1509.226. (A) If a board of county commissioners, a	31462
board of township trustees, or the legislative authority of a	31463
municipal corporation wishes to permit the surface application of	31464
brine to roads, streets, highways, and other similar land surfaces	31465
it owns or has the right to control for control of dust or ice, it	31466
may adopt a resolution permitting such application as provided in	31467
this section. If a board or legislative authority does not adopt	31468
such a resolution, then no such surface application of brine is	31469
permitted on such roads, streets, highways, and other similar	31470
surfaces. If a board or legislative authority votes on a proposed	31471
resolution to permit such surface application of brine, but the	31472
resolution fails to receive the affirmative vote of a majority of	31473
the board or legislative authority, the board or legislative	31474
authority shall not adopt such a resolution for one year following	31475
the date on which the vote was taken. A board or legislative	31476
authority shall hold at least one public hearing on any proposal	31477
to permit surface application of brine under this division and may	31478
hold additional hearings. The board or legislative authority shall	31479
publish notice of the time and place of each such public hearing	31480
in a newspaper of general circulation in the political subdivision	31481
at least five days before the day on which the hearing is to be	31482
held.	31483

(B) If a board or legislative authority adopts a resolution	31484
permitting the surface application of brine to roads, streets,	31485
highways, and other similar land surfaces under division (A) of	31486
this section, the board or legislative authority shall, within	31487
thirty days after the adoption of the resolution, prepare and	31488
submit to the chief of the division of ~~mineral~~oil and gas	31489
resources management a copy of the resolution. Any department,	31490
agency, or instrumentality of this state or the United States that	31491
wishes to permit the surface application of brine to roads,	31492
streets, highways, and other similar land surfaces it owns or has	31493
a right to control shall prepare and submit guidelines for such	31494
application, but need not adopt a resolution under division (A) of	31495
this section permitting such surface application.	31496

All resolutions and guidelines shall be subject to the	31497
following standards:	31498

(1) Brine shall not be applied:

31499

(a) To a water-saturated surface;

31500

(b) Directly to vegetation near or adjacent to surfaces being	31501
treated;	31502

(c) Within twelve feet of structures crossing bodies of water	31503
or crossing drainage ditches;	31504

(d) Between sundown and sunrise, except for ice control.

31505

(2) The discharge of brine through the spreader bar shall	31506
stop when the application stops.	31507

(3) The applicator vehicle shall be moving at least five	31508
miles per hour at all times while the brine is being applied.	31509

(4) The maximum spreader bar nozzle opening shall be	31510
three-quarters of an inch in diameter.	31511

(5) The maximum uniform application rate of brine shall be	31512
three thousand gallons per mile on a twelve-foot-wide road or	31513
three gallons per sixty square feet on unpaved lots.	31514

(6) The applicator vehicle discharge valve shall be closed	31515
between the brine collection point and the specific surfaces that	31516
have been approved for brine application.	31517

(7) Any valves that provide for tank draining other than	31518
through the spreader bar shall be closed during the brine	31519
application and transport.	31520

(8) The angle of discharge from the applicator vehicle	31521
spreader bar shall not be greater than sixty degrees from the	31522
perpendicular to the unpaved surface.	31523

(9) Only the last twenty-five per cent of an applicator	31524
vehicle's contents shall be allowed to have a pressure greater	31525
than atmospheric pressure; therefore, the first seventy-five per	31526
cent of the applicator vehicle's contents shall be discharged	31527
under atmospheric pressure.	31528

(10) Only brine that is produced from a well shall be allowed	31529
to be spread on a road. Fluids from the drilling of a well,	31530
flowback from the stimulation of a well, and other fluids used to	31531
treat a well shall not be spread on a road.	31532

If a resolution or guidelines contain only the standards	31533
listed in ~~division~~divisions (B)(1) to (10) of this section,	31534
without addition or qualification, the resolution or guidelines	31535
shall be deemed effective when submitted to the chief without	31536
further action by the chief. All other resolutions and guidelines	31537
shall comply with and be no less stringent than this chapter,	31538
rules concerning surface application that the chief shall adopt	31539
under division (C) of section 1509.22 of the Revised Code, and	31540
other rules of the chief. Within fifteen days after receiving such	31541
other resolutions and guidelines, the chief shall review them for	31542
compliance with the law and rules and disapprove them if they do	31543
not comply.	31544

The board, legislative authority, or department, agency, or	31545
instrumentality may revise and resubmit any resolutions or	31546
guidelines that the chief disapproves after each disapproval, and	31547
the chief shall again review and approve or disapprove them within	31548
fifteen days after receiving them. The board, legislative	31549
authority, or department, agency, or instrumentality may amend any	31550
resolutions or guidelines previously approved by the chief and	31551
submit them, as amended, to the chief. The chief shall receive,	31552
review, and approve or disapprove the amended resolutions or	31553
guidelines on the same basis and in the same time as original	31554
resolutions or guidelines. The board, legislative authority, or	31555
department, agency, or instrumentality shall not implement amended	31556
resolutions or guidelines until they are approved by the chief	31557
under this division.	31558

(C) Any person, other than a political subdivision required	31559
to adopt a resolution under division (A) of this section or a	31560
department, agency, or instrumentality of this state or the United	31561
States, who owns or has a legal right or obligation to maintain a	31562
road, street, highway, or other similar land surface may file with	31563
the board of county commissioners a written plan for the	31564
application of brine to the road, street, highway, or other	31565
surface. The board need not approve any such plans, but if it	31566
approves a plan, the plan shall comply with this chapter, rules	31567
adopted thereunder, and the board's resolutions, if any.	31568
Disapproved plans may be revised and resubmitted for the board's	31569
approval. Approved plans may also be revised and submitted to the	31570
board. A plan or revised plan shall do all of the following:	31571

(1) Identify the sources of brine to be used under the plan;

31572

(2) Identify by name, address, and registration certificate,	31573
if applicable, any transporters of the brine;	31574

(3) Specifically identify the places to which the brine will	31575
be applied;	31576

(4) Specifically describe the method, rate, and frequency of	31577
application.	31578

(D) The board may attach terms and conditions to approval of	31579
a plan, or revised plan, and may revoke approval for any violation	31580
of this chapter, rules adopted thereunder, resolutions adopted by	31581
the board, or terms or conditions attached by the board. The board	31582
shall conduct at least one public hearing before approving a plan	31583
or revised plan, publishing notice of the time and place of each	31584
such public hearing in a newspaper of general circulation in the	31585
county at least five days before the day on which the hearing is	31586
to be held. The board shall record the filings of all plans and	31587
revised plans in its journal. The board shall approve, disapprove,	31588
or revoke approval of a plan or revised plan by the adoption of a	31589
resolution. Upon approval of a plan or revised plan, the board	31590
shall send a copy of the plan to the chief. Upon revoking approval	31591
of a plan or revised plan, the board shall notify the chief of the	31592
revocation.	31593

(E) No person shall:

31594

(1) Apply brine to a water-saturated surface;

31595

(2) Apply brine directly to vegetation adjacent to the	31596
surface of roads, streets, highways, and other surfaces to which	31597
brine may be applied.	31598

(F) Each political subdivision that adopts a resolution under	31599
divisions (A) and (B) of this section, each department, agency, or	31600
instrumentality of this state or the United States that submits	31601
guidelines under division (B) of this section, and each person who	31602
files a plan under divisions (C) and (D) of this section shall, on	31603
or before the fifteenth day of April of each year, file a report	31604
with the chief concerning brine applied within the person's or	31605
governmental entity's jurisdiction, including the quantities	31606
transported and the sources and application points during the last	31607
preceding calendar year and such other information in such form as	31608
the chief requires.	31609

(G) Any political subdivision or department, agency, or	31610
instrumentality of this state or the United States that applies	31611
brine under this section may do so with its own personnel,	31612
vehicles, and equipment without registration under or compliance	31613
with section 1509.222 or 1509.223 of the Revised Code and without	31614
the necessity for filing the surety bond or other security	31615
required by section 1509.225 of the Revised Code. However, each	31616
such entity shall legibly identify vehicles used to apply brine	31617
with reflective paint in letters no less than four inches in	31618
height, indicating the word "brine" and that the vehicle is a	31619
vehicle of the political subdivision, department, agency, or	31620
instrumentality. Except as stated in this division, such entities	31621
shall transport brine in accordance with sections 1509.22 to	31622
1509.226 of the Revised Code.	31623

(H) A surface application plan filed for approval under	31624
division (C) of this section shall be accompanied by a	31625
nonrefundable fee of fifty dollars, which shall be credited to the	31626
general fund of the county. An approved plan is valid for one year	31627
from the date of its approval unless it is revoked before that	31628
time. An approved revised plan is valid for the remainder of the	31629
term of the plan it supersedes unless it is revoked before that	31630
time. Any person who has filed such a plan or revised plan and had	31631
it approved may renew it by refiling it in accordance with	31632
divisions (C) and (D) of this section within thirty days before	31633
any anniversary of the date on which the original plan was	31634
approved. The board shall notify the chief of renewals and	31635
nonrenewals of plans. Even if a renewed plan is approved under	31636
those divisions, the plan is not effective until notice is	31637
received by the chief, and until notice is received, the chief	31638
shall enforce this chapter and rules adopted thereunder with	31639
regard to the affected roads, streets, highways, and other similar	31640
land surfaces as if the plan had not been renewed.	31641

(I) A resolution adopted under division (A) of this section	31642
by a board or legislative authority shall be effective for one	31643
year following the date of its adoption and from month to month	31644
thereafter until the board or legislative authority, by	31645
resolution, terminates the authority granted in the original	31646
resolution. The termination shall be effective not less than seven	31647
days after enactment of the resolution, and a copy of the	31648
resolution shall be sent to the chief.	31649

Sec. 1509.23. (A) Rules of the chief of the division of	31650
~~mineral~~oil and gas resources management may specify practices to	31651
be followed in the drilling and treatment of wells, production of	31652
oil and gas, and plugging of wells for protection of public health	31653
or safety or to prevent damage to natural resources, including	31654
specification of the following:	31655

(1) Appropriate devices;

31656

(2) Minimum distances that wells and other excavations,	31657
structures, and equipment shall be located from water wells,	31658
streets, roads, highways, rivers, lakes, streams, ponds, other	31659
bodies of water, railroad tracks, public or private recreational	31660
areas, zoning districts, and buildings or other structures. Rules	31661
adopted under division (A)(2) of this section shall not conflict	31662
with section 1509.021 of the Revised Code.	31663

(3) Other methods of operation;

31664

(4) Procedures, methods, and equipment and other requirements	31665
for equipment to prevent and contain discharges of oil and brine	31666
from oil production facilities and oil drilling and workover	31667
facilities consistent with and equivalent in scope, content, and	31668
coverage to section 311(j)(1)(c) of the "Federal Water Pollution	31669
Control Act Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251,	31670
as amended, and regulations adopted under it. In addition, the	31671
rules may specify procedures, methods, and equipment and other	31672
requirements for equipment to prevent and contain surface and	31673
subsurface discharges of fluids, condensates, and gases.	31674

(5) Notifications.

31675

(B) The chief, in consultation with the emergency response	31676
commission created in section 3750.02 of the Revised Code, shall	31677
adopt rules in accordance with Chapter 119. of the Revised Code	31678
that specify the information that shall be included in an	31679
electronic database that the chief shall create and host. The	31680
information shall be that which the chief considers to be	31681
appropriate for the purpose of responding to emergency situations	31682
that pose a threat to public health or safety or the environment.	31683
At the minimum, the information shall include that which a person	31684
who is regulated under this chapter is required to submit under	31685
the "Emergency Planning and Community Right-To-Know Act of 1986,"	31686
100 Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under	31687
it.	31688

In addition, the rules shall specify whether and to what	31689
extent the database and the information that it contains will be	31690
made accessible to the public. The rules shall ensure that the	31691
database will be made available via the internet or a system of	31692
computer disks to the emergency response commission and to every	31693
local emergency planning committee and fire department in this	31694
state.	31695

Sec. 1509.24. (A) The chief of the division of ~~mineral~~oil	31696
and gas resources management, with the approval of the technical	31697
advisory council on oil and gas created in section 1509.38 of the	31698
Revised Code, may adopt, amend, or rescind rules relative to	31699
minimum acreage requirements for drilling units and minimum	31700
distances from which a new well may be drilled or an existing well	31701
deepened, plugged back, or reopened to a source of supply	31702
different from the existing pool from boundaries of tracts,	31703
drilling units, and other wells for the purpose of conserving oil	31704
and gas reserves. The rules relative to minimum acreage	31705
requirements for drilling units shall require a drilling unit to	31706
be compact and composed of contiguous land.	31707

(B) Rules adopted under this section and special orders made	31708
under section 1509.25 of the Revised Code shall apply only to new	31709
wells to be drilled or existing wells to be deepened, plugged	31710
back, or reopened to a source of supply different from the	31711
existing pool for the purpose of extracting oil or gas in their	31712
natural state.	31713

Sec. 1509.25. The chief of the division of ~~mineral~~oil and	31714
gas resources management, upon the chief's own motion or upon	31715
application of an owner, may hold a hearing to consider the need	31716
or desirability of adopting a special order for drilling unit	31717
requirements in a particular pool different from those established	31718
under section 1509.24 of the Revised Code. The chief shall notify	31719
every owner of land within the area proposed to be included within	31720
the order, of the date, time, and place of the hearing and the	31721
nature of the order being considered at least thirty days prior to	31722
the date of the hearing. Each application for such an order shall	31723
be accompanied by such information as the chief may request. If	31724
the chief finds that the pool can be defined with reasonable	31725
certainty, that the pool is in the initial state of development,	31726
and that the establishment of such different requirements for	31727
drilling a well on a tract or drilling unit in ~~such~~the pool is	31728
reasonably necessary to protect correlative rights or to provide	31729
effective development, use, or conservation of oil and gas, the	31730
chief, with the written approval of the technical advisory council	31731
on oil and gas created in section 1509.38 of the Revised Code,	31732
shall make a special order designating the area covered by the	31733
order, and specifying the acreage requirements for drilling a well	31734
on a tract or drilling unit in ~~such~~the area, which acreage	31735
requirements shall be uniform for the entire pool. The order shall	31736
specify minimum distances from the boundary of the tract or	31737
drilling unit for the drilling of wells and minimum distances from	31738
other wells and allow exceptions for wells drilled or drilling in	31739
a particular pool at the time of the filing of the application.	31740
The chief may exempt the discovery well from minimum acreage and	31741
distance requirements in the order. After the date of the notice	31742
for a hearing called to make ~~such~~the order, no additional well	31743
shall be commenced in the pool for a period of sixty days or until	31744
an order has been made pursuant to the application, whichever is	31745
earlier. The chief, upon the chief's own motion or upon	31746
application of an owner, after a hearing and with the approval of	31747
the technical advisory council on oil and gas, may include	31748
additional lands determined to be underlaid by a particular pool	31749
or to exclude lands determined not to be underlaid by a particular	31750
pool, and may modify the spacing and acreage requirements of the	31751
order.	31752

Nothing in this section permits the chief to establish	31753
drilling units in a pool by requiring the use of a survey grid	31754
coordinate system with fixed or established unit boundaries.	31755

Sec. 1509.26. The owners of adjoining tracts may agree to	31756
pool ~~such~~the tracts to form a drilling unit that conforms to the	31757
minimum acreage and distance requirements of the division of	31758
~~mineral~~oil and gas resources management under section 1509.24 or	31759
1509.25 of the Revised Code. ~~Such~~The agreement shall be in	31760
writing, a copy of which shall be submitted to the division with	31761
the application for a permit required by section 1509.05 of the	31762
Revised Code. Parties to the agreement shall designate one of	31763
their number as the applicant for ~~such~~the permit.	31764

Sec. 1509.27. If a tract of land is of insufficient size or	31765
shape to meet the requirements for drilling a well thereon as	31766
provided in section 1509.24 or 1509.25 of the Revised Code,	31767
whichever is applicable, and the owner of the tract who also is	31768
the owner of the mineral interest has been unable to form a	31769
drilling unit under agreement as provided in section 1509.26 of	31770
the Revised Code, on a just and equitable basis, such an owner may	31771
make application to the division of ~~mineral~~oil and gas resources	31772
management for a mandatory pooling order.	31773

The application shall include information as shall be	31774
reasonably required by the chief of the division of ~~mineral~~oil	31775
and gas resources management and shall be accompanied by an	31776
application for a permit as required by section 1509.05 of the	31777
Revised Code. The chief shall notify all owners of land within the	31778
area proposed to be included within the drilling unit of the	31779
filing of the application and of their right to a hearing. After	31780
the hearing or after the expiration of thirty days from the date	31781
notice of application was mailed to such owners, the chief, if	31782
satisfied that the application is proper in form and that	31783
mandatory pooling is necessary to protect correlative rights and	31784
to provide effective development, use, and conservation of oil and	31785
gas, shall issue a drilling permit and a mandatory pooling order	31786
complying with the requirements for drilling a well as provided in	31787
section 1509.24 or 1509.25 of the Revised Code, whichever is	31788
applicable. The mandatory pooling order shall:	31789

(A) Designate the boundaries of the drilling unit within	31790
which the well shall be drilled;	31791

(B) Designate the proposed production site;

31792

(C) Describe each separately owned tract or part thereof	31793
pooled by the order;	31794

(D) Allocate on a surface acreage basis a pro rata portion of	31795
the production to the owner of each tract pooled by the order. The	31796
pro rata portion shall be in the same proportion that the	31797
percentage of the owner's acreage is to the state minimum acreage	31798
requirements established in rules adopted under this chapter for a	31799
drilling unit unless the applicant demonstrates to the chief using	31800
geological evidence that the geologic structure containing the oil	31801
or gas is larger than the minimum acreage requirement in which	31802
case the pro rata portion shall be in the same proportion that the	31803
percentage of the owner's acreage is to the geologic structure.	31804

(E) Specify the basis upon which each owner of a tract pooled	31805
by the order shall share all reasonable costs and expenses of	31806
drilling and producing if the owner elects to participate in the	31807
drilling and operation of the well;	31808

(F) Designate the person to whom the permit shall be issued.

31809

A person shall not submit more than five applications for	31810
mandatory pooling orders per year under this section unless	31811
otherwise approved by the chief.	31812

No surface operations or disturbances to the surface of the	31813
land shall occur on a tract pooled by an order without the written	31814
consent of or a written agreement with the owner of the tract that	31815
approves the operations or disturbances.	31816

If an owner of a tract pooled by the order does not elect to	31817
participate in the risk and cost of the drilling and operation of	31818
a well, the owner shall be designated as a nonparticipating owner	31819
in the drilling and operation of the well on a limited or carried	31820
basis and is subject to terms and conditions determined by the	31821
chief to be just and reasonable. In addition, if an owner is	31822
designated as a nonparticipating owner, the owner is not liable	31823
for actions or conditions associated with the drilling or	31824
operation of the well. If the applicant bears the costs of	31825
drilling, equipping, and operating a well for the benefit of a	31826
nonparticipating owner, as provided for in the pooling order, then	31827
the applicant shall be entitled to the share of production from	31828
the drilling unit accruing to the interest of that	31829
nonparticipating owner, exclusive of the nonparticipating owner's	31830
proportionate share of the royalty interest until there has been	31831
received the share of costs charged to that nonparticipating owner	31832
plus such additional percentage of the share of costs as the chief	31833
shall determine. The total amount receivable hereunder shall in no	31834
event exceed two hundred per cent of the share of costs charged to	31835
that nonparticipating owner. After receipt of that share of costs	31836
by such an applicant, a nonparticipating owner shall receive a	31837
proportionate share of the working interest in the well in	31838
addition to a proportionate share of the royalty interest, if any.	31839

If there is a dispute as to costs of drilling, equipping, or	31840
operating a well, the chief shall determine those costs.	31841

Sec. 1509.28. (A) The chief of the division of ~~mineral~~oil	31842
and gas resources management, upon the chief's own motion or upon	31843
application by the owners of sixty-five per cent of the land area	31844
overlying the pool, shall hold a hearing to consider the need for	31845
the operation as a unit of an entire pool or part thereof. An	31846
application by owners shall be accompanied by such information as	31847
the chief may request.	31848

The chief shall make an order providing for the unit	31849
operation of a pool or part thereof if the chief finds that such	31850
operation is reasonably necessary to increase substantially the	31851
ultimate recovery of oil and gas, and the value of the estimated	31852
additional recovery of oil or gas exceeds the estimated additional	31853
cost incident to conducting ~~such~~the operation. The order shall be	31854
upon terms and conditions that are just and reasonable and shall	31855
prescribe a plan for unit operations that shall include:	31856

(1) A description of the unitized area, termed the unit area;

31857

(2) A statement of the nature of the operations contemplated;

31858

(3) An allocation to the separately owned tracts in the unit	31859
area of all the oil and gas that is produced from the unit area	31860
and is saved, being the production that is not used in the conduct	31861
of operations on the unit area or not unavoidably lost. The	31862
allocation shall be in accord with the agreement, if any, of the	31863
interested parties. If there is no such agreement, the chief shall	31864
determine the value, from the evidence introduced at the hearing,	31865
of each separately owned tract in the unit area, exclusive of	31866
physical equipment, for development of oil and gas by unit	31867
operations, and the production allocated to each tract shall be	31868
the proportion that the value of each tract so determined bears to	31869
the value of all tracts in the unit area.	31870

(4) A provision for the credits and charges to be made in the	31871
adjustment among the owners in the unit area for their respective	31872
investments in wells, tanks, pumps, machinery, materials, and	31873
equipment contributed to the unit operations;	31874

(5) A provision providing how the expenses of unit	31875
operations, including capital investment, shall be determined and	31876
charged to the separately owned tracts and how the expenses shall	31877
be paid;	31878

(6) A provision, if necessary, for carrying or otherwise	31879
financing any person who is unable to meet the person's financial	31880
obligations in connection with the unit, allowing a reasonable	31881
interest charge for such service;	31882

(7) A provision for the supervision and conduct of the unit	31883
operations, in respect to which each person shall have a vote with	31884
a value corresponding to the percentage of the expenses of unit	31885
operations chargeable against the interest of ~~such~~that person;	31886

(8) The time when the unit operations shall commence, and the	31887
manner in which, and the circumstances under which, the unit	31888
operations shall terminate;	31889

(9) Such additional provisions as are found to be appropriate	31890
for carrying on the unit operations, and for the protection or	31891
adjustment of correlative rights.	31892

(B) No order of the chief providing for unit operations shall	31893
become effective unless and until the plan for unit operations	31894
prescribed by the chief has been approved in writing by those	31895
owners who, under the chief's order, will be required to pay at	31896
least sixty-five per cent of the costs of the unit operation, and	31897
also by the royalty or, with respect to unleased acreage, fee	31898
owners of sixty-five per cent of the acreage to be included in the	31899
unit. If the plan for unit operations has not been so approved by	31900
owners and royalty owners at the time the order providing for unit	31901
operations is made, the chief shall upon application and notice	31902
hold such supplemental hearings as may be required to determine if	31903
and when the plan for unit operations has been so approved. If the	31904
owners and royalty owners, or either, owning the required	31905
percentage of interest in the unit area do not approve the plan	31906
for unit operations within a period of six months from the date on	31907
which the order providing for unit operations is made, ~~such~~the	31908
order shall cease to be of force and shall be revoked by the	31909
chief.	31910

An order providing for unit operations may be amended by an	31911
order made by the chief, in the same manner and subject to the	31912
same conditions as an original order providing for unit	31913
operations, provided that:	31914

(1) If such an amendment affects only the rights and	31915
interests of the owners, the approval of the amendment by the	31916
royalty owners shall not be required.	31917

(2) No such order of amendment shall change the percentage	31918
for allocation of oil and gas as established for any separately	31919
owned tract by the original order, except with the consent of all	31920
persons owning interest in ~~such~~the tract.	31921

The chief, by an order, may provide for the unit operation of	31922
a pool or a part thereof that embraces a unit area established by	31923
a previous order of the chief. Such an order, in providing for the	31924
allocation of unit production, shall first treat the unit area	31925
previously established as a single tract, and the portion of the	31926
unit production so allocated thereto shall then be allocated among	31927
the separately owned tracts included in ~~such~~the previously	31928
established unit area in the same proportions as those specified	31929
in the previous order.	31930

Oil and gas allocated to a separately owned tract shall be	31931
deemed, for all purposes, to have been actually produced from ~~such~~	31932
the tract, and all operations, including, but not limited to, the	31933
commencement, drilling, operation of, or production from a well	31934
upon any portion of the unit area shall be deemed for all purposes	31935
the conduct of such operations and production from any lease or	31936
contract for lands any portion of which is included in the unit	31937
area. The operations conducted pursuant to the order of the chief	31938
shall constitute a fulfillment of all the express or implied	31939
obligations of each lease or contract covering lands in the unit	31940
area to the extent that compliance with such obligations cannot be	31941
had because of the order of the chief.	31942

Oil and gas allocated to any tract, and the proceeds from the	31943
sale thereof, shall be the property and income of the several	31944
persons to whom, or to whose credit, the same are allocated or	31945
payable under the order providing for unit operations.	31946

No order of the chief or other contract relating to the sale	31947
or purchase of production from a separately owned tract shall be	31948
terminated by the order providing for unit operations, but shall	31949
remain in force and apply to oil and gas allocated to ~~such~~the	31950
tract until terminated in accordance with the provisions thereof.	31951

Except to the extent that the parties affected so agree, no	31952
order providing for unit operations shall be construed to result	31953
in a transfer of all or any part of the title of any person to the	31954
oil and gas rights in any tract in the unit area. All property,	31955
whether real or personal, that may be acquired for the account of	31956
the owners within the unit area shall be the property of such	31957
owners in the proportion that the expenses of unit operations are	31958
charged.	31959

Sec. 1509.29. Upon application by an owner of a tract for	31960
which a drilling permit may not be issued, and a showing by the	31961
owner that the owner is unable to enter a voluntary pooling	31962
agreement and that the owner would be unable to participate under	31963
a mandatory pooling order, the chief of the division of ~~mineral~~	31964
oil and gas resources management shall issue a permit and order	31965
establishing the tract as an exception tract if the chief finds	31966
that ~~such~~the owner would otherwise be precluded from producing	31967
oil or gas from the owner's tract because of minimum acreage or	31968
distance requirements. The order shall set a percentage of the	31969
maximum daily potential production at which the well may be	31970
produced. The percentage shall be the same as the percentage that	31971
the number of acres in the tract bears to the number of acres in	31972
the minimum acreage requirement that has been established under	31973
section 1509.24 or 1509.25 of the Revised Code, whichever is	31974
applicable, but if the well drilled on ~~such~~the tract is located	31975
nearer to the boundary of the tract than the required minimum	31976
distance, the percentage may not exceed the percentage determined	31977
by dividing the distance from the well to the boundary by the	31978
minimum distance requirement. Within ten days after completion of	31979
the well, the maximum daily potential production of the well shall	31980
be determined by such drill stem, open flow, or other tests as may	31981
be required by the chief. The chief shall require such tests, at	31982
least once every three months, as are necessary to determine the	31983
maximum daily potential production at that time.	31984

Sec. 1509.31. (A) Whenever the entire interest of an oil and	31985
gas lease is assigned or otherwise transferred, the assignor or	31986
transferor shall notify the holders of the royalty interests, and,	31987
if a well or wells exist on the lease, the division of ~~mineral~~oil	31988
and gas resources management, of the name and address of the	31989
assignee or transferee by certified mail, return receipt	31990
requested, not later than thirty days after the date of the	31991
assignment or transfer. When notice of any such assignment or	31992
transfer is required to be provided to the division, it shall be	31993
provided on a form prescribed and provided by the division and	31994
verified by both the assignor or transferor and by the assignee or	31995
transferee and shall be accompanied by a nonrefundable fee of one	31996
hundred dollars for each well. The notice form applicable to	31997
assignments or transfers of a well to the owner of the surface	31998
estate of the tract on which the well is located shall contain a	31999
statement informing the landowner that the well may require	32000
periodic servicing to maintain its productivity; that, upon	32001
assignment or transfer of the well to the landowner, the landowner	32002
becomes responsible for compliance with the requirements of this	32003
chapter and rules adopted under it, including, without limitation,	32004
the proper disposal of brine obtained from the well, the plugging	32005
of the well when it becomes incapable of producing oil or gas, and	32006
the restoration of the well site; and that, upon assignment or	32007
transfer of the well to the landowner, the landowner becomes	32008
responsible for the costs of compliance with the requirements of	32009
this chapter and rules adopted under it and the costs for	32010
operating and servicing the well.	32011

(B) When the entire interest of a well is proposed to be	32012
assigned or otherwise transferred to the landowner for use as an	32013
exempt domestic well, the owner who has been issued a permit under	32014
this chapter for the well shall submit to the chief of the	32015
division of oil and gas resources management an application for	32016
the assignment or transfer that contains all documents that the	32017
chief requires and a nonrefundable fee of one hundred dollars. The	32018
application for such an assignment or transfer shall be prescribed	32019
and provided by the chief. The chief may approve the application	32020
if the application is accompanied by a release of all of the oil	32021
and gas leases that are included in the applicable formation of	32022
the drilling unit, the release is in a form such that the well	32023
ownership merges with the fee simple interest of the surface	32024
tract, and the release is in a form that may be recorded. However,	32025
if the owner of the well does not release the oil and gas leases	32026
associated with the well that is proposed to be assigned or	32027
otherwise transferred or if the fee simple tract that results from	32028
the merger of the well ownership with the fee simple interest of	32029
the surface tract is less than five acres, the proposed exempt	32030
domestic well owner shall post a five thousand dollar bond with	32031
the division ~~of mineral resources management~~ prior to the	32032
assignment or transfer of the well to ensure that the well will be	32033
properly plugged. The chief, for good cause, may modify the	32034
requirements of this section governing the assignment or transfer	32035
of the interests of a well to the landowner. Upon the assignment	32036
or transfer of the well, the owner of an exempt domestic well is	32037
not subject to the severance tax levied under section 5749.02 of	32038
the Revised Code, but is subject to all applicable fees	32039
established in this chapter.	32040

(C) The owner holding a permit under section 1509.05 of the	32041
Revised Code is responsible for all obligations and liabilities	32042
imposed by this chapter and any rules, orders, and terms and	32043
conditions of a permit adopted or issued under it, and no	32044
assignment or transfer by the owner relieves the owner of the	32045
obligations and liabilities until and unless the assignee or	32046
transferee files with the division the information described in	32047
divisions (A)(1), (2), (3), (4), (5), (10), (11), and (12) of	32048
section 1509.06 of the Revised Code; obtains liability insurance	32049
coverage required by section 1509.07 of the Revised Code, except	32050
when none is required by that section; and executes and files a	32051
surety bond, negotiable certificates of deposit or irrevocable	32052
letters of credit, or cash, as described in that section. Instead	32053
of a bond, but only upon acceptance by the chief ~~of the division~~	32054
~~of mineral resources management~~, the assignee or transferee may	32055
file proof of financial responsibility, described in section	32056
1509.07 of the Revised Code. Section 1509.071 of the Revised Code	32057
applies to the surety bond, cash, and negotiable certificates of	32058
deposit and irrevocable letters of credit described in this	32059
section. Unless the chief approves a modification, each assignee	32060
or transferee shall operate in accordance with the plans and	32061
information filed by the permit holder pursuant to section 1509.06	32062
of the Revised Code.	32063

(D) If a mortgaged property that is being foreclosed is	32064
subject to an oil or gas lease, pipeline agreement, or other	32065
instrument related to the production or sale of oil or natural gas	32066
and the lease, agreement, or other instrument was recorded	32067
subsequent to the mortgage, and if the lease, agreement, or other	32068
instrument is not in default, the oil or gas lease, pipeline	32069
agreement, or other instrument, as applicable, has priority over	32070
all other liens, claims, or encumbrances on the property so that	32071
the oil or gas lease, pipeline agreement, or other instrument is	32072
not terminated or extinguished upon the foreclosure sale of the	32073
mortgaged property. If the owner of the mortgaged property was	32074
entitled to oil and gas royalties before the foreclosure sale, the	32075
oil or gas royalties shall be paid to the purchaser of the	32076
foreclosed property.	32077

Sec. 1509.32. Any person adversely affected may file with	32078
the chief of the division of ~~mineral~~oil and gas resources	32079
management a written complaint alleging failure to restore	32080
disturbed land surfaces in violation of section 1509.072 or	32081
1509.22 of the Revised Code or a rule adopted thereunder.	32082

Upon receipt of a complaint, the chief shall cause an	32083
investigation to be made of the lands where the alleged violation	32084
has occurred and send copies of the investigation report to the	32085
person who filed the complaint and to the owner. Upon finding a	32086
violation the chief shall order the owner to eliminate the	32087
violation within a specified time. If the owner fails to eliminate	32088
the violation within the time specified, the chief may request the	32089
prosecuting attorney of the county in which the violation occurs	32090
or the attorney general to bring appropriate action to secure	32091
compliance with ~~such~~those sections. If the chief fails to bring	32092
an appropriate action to secure compliance with ~~such~~those	32093
sections within twenty days after the time specified, the person	32094
filing the complaint may request the prosecuting attorney of the	32095
county in which the violation occurs to bring an appropriate	32096
action to secure compliance with ~~such~~those sections. The division	32097
of ~~mineral~~oil and gas resources management may cooperate with any	32098
state or local agency to provide technical advice or minimum	32099
standards for the restoration of various soils and land surfaces	32100
or to assist in any investigation.	32101

Sec. 1509.33. (A) Whoever violates sections 1509.01 to	32102
1509.31 of the Revised Code, or any rules adopted or orders or	32103
terms or conditions of a permit or registration certificate issued	32104
pursuant to these sections for which no specific penalty is	32105
provided in this section, shall pay a civil penalty of not more	32106
than four thousand dollars for each offense.	32107

(B) Whoever violates section 1509.221 of the Revised Code or	32108
any rules adopted or orders or terms or conditions of a permit	32109
issued thereunder shall pay a civil penalty of not more than two	32110
thousand five hundred dollars for each violation.	32111

(C) Whoever violates division (D) of section 1509.22 or	32112
division (A)(1) of section 1509.222 of the Revised Code shall pay	32113
a civil penalty of not less than two thousand five hundred dollars	32114
nor more than twenty thousand dollars for each violation.	32115

(D) Whoever violates division (A) of section 1509.22 of the	32116
Revised Code shall pay a civil penalty of not less than two	32117
thousand five hundred dollars nor more than ten thousand dollars	32118
for each violation.	32119

(E) Whoever violates division (A) of section 1509.223 of the	32120
Revised Code shall pay a civil penalty of not more than ten	32121
thousand dollars for each violation.	32122

(F) Whoever violates section 1509.072 of the Revised Code or	32123
any rules adopted or orders issued to administer, implement, or	32124
enforce that section shall pay a civil penalty of not more than	32125
five thousand dollars for each violation.	32126

(G) In addition to any other penalties provided in this	32127
chapter, whoever violates division (B) of section 1509.22 or	32128
division (A)(1) of section 1509.222 or knowingly violates division	32129
(A) of section 1509.223 of the Revised Code is liable for any	32130
damage or injury caused by the violation and for the cost of	32131
rectifying the violation and conditions caused by the violation.	32132
If two or more persons knowingly violate one or more of ~~such~~those	32133
divisions in connection with the same event, activity, or	32134
transaction, they are jointly and severally liable under this	32135
division.	32136

(H) The attorney general, upon the request of the chief of	32137
the division of ~~mineral~~oil and gas resources management, shall	32138
commence an action under this section against any person who	32139
violates sections 1509.01 to 1509.31 of the Revised Code, or any	32140
rules adopted or orders or terms or conditions of a permit or	32141
registration certificate issued pursuant to these sections. Any	32142
action under this section is a civil action, governed by the Rules	32143
of Civil Procedure and other rules of practice and procedure	32144
applicable to civil actions. The remedy provided in this division	32145
is cumulative and concurrent with any other remedy provided in	32146
this chapter, and the existence or exercise of one remedy does not	32147
prevent the exercise of any other, except that no person shall be	32148
subject to both a civil penalty under division (A), (B), (C), or	32149
(D) of this section and a criminal penalty under section 1509.99	32150
of the Revised Code for the same offense.	32151

Sec. 1509.34. (A)(1) If an owner fails to pay the fees	32152
imposed by this chapter, or if the chief of the division of	32153
~~mineral~~oil and gas resources management incurs costs under	32154
division (E) of section 1509.071 of the Revised Code to correct	32155
conditions associated with the owner's well that the chief	32156
reasonably has determined are causing imminent health or safety	32157
risks, the division of ~~mineral~~oil and gas resources management	32158
shall have a priority lien against that owner's interest in the	32159
applicable well in front of all other creditors for the amount of	32160
any such unpaid fees and costs incurred. The chief shall file a	32161
statement in the office of the county recorder of the county in	32162
which the applicable well is located of the amount of the unpaid	32163
fees and costs incurred as described in this division. The	32164
statement shall constitute a lien on the owner's interest in the	32165
well as of the date of the filing. The lien shall remain in force	32166
so long as any portion of the lien remains unpaid or until the	32167
chief issues a certificate of release of the lien. If the chief	32168
issues a certificate of release of the lien, the chief shall file	32169
the certificate of release in the office of the applicable county	32170
recorder.	32171

(2) A lien imposed under division (A)(1) of this section	32172
shall be in addition to any lien imposed by the attorney general	32173
for failure to pay the assessment imposed by section 1509.50 of	32174
the Revised Code or the tax levied under division (A)(5) or (6) of	32175
section 5749.02 of the Revised Code, as applicable.	32176

(3) If the attorney general cannot collect from a severer or	32177
an owner for an outstanding balance of amounts due under section	32178
1509.50 of the Revised Code or of unpaid taxes levied under	32179
division (A)(5) or (6) of section 5749.02 of the Revised Code, as	32180
applicable, the tax commissioner may request the chief to impose a	32181
priority lien against the owner's interest in the applicable well.	32182
Such a lien has priority in front of all other creditors.	32183

(B) The chief promptly shall issue a certificate of release	32184
of a lien under either of the following circumstances:	32185

(1) Upon the repayment in full of the amount of unpaid fees	32186
imposed by this chapter or costs incurred by the chief under	32187
division (E) of section 1509.071 of the Revised Code to correct	32188
conditions associated with the owner's well that the chief	32189
reasonably has determined are causing imminent health or safety	32190
risks;	32191

(2) Any other circumstance that the chief determines to be in	32192
the best interests of the state.	32193

(C) The chief may modify the amount of a lien under this	32194
section. If the chief modifies a lien, the chief shall file a	32195
statement in the office of the county recorder of the applicable	32196
county of the new amount of the lien.	32197

(D) An owner regarding which the division has recorded a lien	32198
against the owner's interest in a well in accordance with this	32199
section shall not transfer a well, lease, or mineral rights to	32200
another owner or person until the chief issues a certificate of	32201
release for each lien against the owner's interest in the well.	32202

(E) All money from the collection of liens under this section	32203
shall be deposited in the state treasury to the credit of the oil	32204
and gas well fund created in section 1509.02 of the Revised Code.	32205

Sec. 1509.36. Any person adversely affected by an order by	32206
the chief of the division of ~~mineral~~oil and gas resources	32207
management may appeal to the oil and gas commission for an order	32208
vacating or modifying the order.	32209

The person so appealing to the commission shall be known as	32210
appellant and the chief shall be known as appellee. Appellant and	32211
appellee shall be deemed to be parties to the appeal.	32212

The appeal shall be in writing and shall set forth the order	32213
complained of and the grounds upon which the appeal is based. The	32214
appeal shall be filed with the commission within thirty days after	32215
the date upon which the appellant received notice by certified	32216
mail and, for all other persons adversely affected by the order,	32217
within thirty days after the date of the order complained of.	32218
Notice of the filing of the appeal shall be filed with the chief	32219
within three days after the appeal is filed with the commission.	32220

Upon the filing of the appeal the commission promptly shall	32221
fix the time and place at which the hearing on the appeal will be	32222
held, and shall give the appellant and the chief at least ten	32223
days' written notice thereof by mail. The commission may postpone	32224
or continue any hearing upon its own motion or upon application of	32225
the appellant or of the chief.	32226

The filing of an appeal provided for in this section does not	32227
automatically suspend or stay execution of the order appealed	32228
from, but upon application by the appellant the commission may	32229
suspend or stay the execution pending determination of the appeal	32230
upon such terms as the commission considers proper.	32231

Either party to the appeal or any interested person who,	32232
pursuant to commission rules has been granted permission to	32233
appear, may submit such evidence as the commission considers	32234
admissible.	32235

For the purpose of conducting a hearing on an appeal, the	32236
commission may require the attendance of witnesses and the	32237
production of books, records, and papers, and it may, and at the	32238
request of any party it shall, issue subpoenas for witnesses or	32239
subpoenas duces tecum to compel the production of any books,	32240
records, or papers, directed to the sheriffs of the counties where	32241
the witnesses are found. The subpoenas shall be served and	32242
returned in the same manner as subpoenas in criminal cases are	32243
served and returned. The fees of sheriffs shall be the same as	32244
those allowed by the court of common pleas in criminal cases.	32245
Witnesses shall be paid the fees and mileage provided for under	32246
section 119.094 of the Revised Code. Such fees and mileage	32247
expenses incurred at the request of appellant shall be paid in	32248
advance by the appellant, and the remainder of those expenses	32249
shall be paid out of funds appropriated for the expenses of the	32250
division of ~~mineral~~oil and gas resources management.	32251

In case of disobedience or neglect of any subpoena served on	32252
any person, or the refusal of any witness to testify to any matter	32253
regarding which the witness may be lawfully interrogated, the	32254
court of common pleas of the county in which the disobedience,	32255
neglect, or refusal occurs, or any judge thereof, on application	32256
of the commission or any member thereof, shall compel obedience by	32257
attachment proceedings for contempt as in the case of disobedience	32258
of the requirements of a subpoena issued from that court or a	32259
refusal to testify therein. Witnesses at such hearings shall	32260
testify under oath, and any member of the commission may	32261
administer oaths or affirmations to persons who so testify.	32262

At the request of any party to the appeal, a stenographic	32263
record of the testimony and other evidence submitted shall be	32264
taken by an official court shorthand reporter at the expense of	32265
the party making the request therefor. The record shall include	32266
all of the testimony and other evidence and the rulings on the	32267
admissibility thereof presented at the hearing. The commission	32268
shall pass upon the admissibility of evidence, but any party may	32269
at the time object to the admission of any evidence and except to	32270
the rulings of the commission thereon, and if the commission	32271
refuses to admit evidence the party offering same may make a	32272
proffer thereof, and such proffer shall be made a part of the	32273
record of the hearing.	32274

If upon completion of the hearing the commission finds that	32275
the order appealed from was lawful and reasonable, it shall make a	32276
written order affirming the order appealed from; if the commission	32277
finds that the order was unreasonable or unlawful, it shall make a	32278
written order vacating the order appealed from and making the	32279
order that it finds the chief should have made. Every order made	32280
by the commission shall contain a written finding by the	32281
commission of the facts upon which the order is based.	32282

Notice of the making of the order shall be given forthwith to	32283
each party to the appeal by mailing a certified copy thereof to	32284
each such party by certified mail.	32285

The order of the commission is final unless vacated by the	32286
court of common pleas of Franklin county in an appeal as provided	32287
for in section 1509.37 of the Revised Code. Sections 1509.01 to	32288
1509.37 of the Revised Code, providing for appeals relating to	32289
orders by the chief or by the commission, or relating to rules	32290
adopted by the chief, do not constitute the exclusive procedure	32291
that any person who believes the person's rights to be unlawfully	32292
affected by those sections or any official action taken thereunder	32293
must pursue in order to protect and preserve those rights, nor do	32294
those sections constitute a procedure that that person must pursue	32295
before that person may lawfully appeal to the courts to protect	32296
and preserve those rights.	32297

Sec. 1509.38. There is hereby created in the division of	32298
~~mineral~~oil and gas resources management a technical advisory	32299
council on oil and gas, which shall consist of eight members to be	32300
appointed by the governor with the advice and consent of the	32301
senate. Three members shall be independent oil or gas producers,	32302
operators, or their representatives, operating and producing	32303
primarily in this state, three members shall be oil or gas	32304
producers, operators, or their representatives having substantial	32305
oil and gas producing operations in this state and at least one	32306
other state, one member shall represent the public, and one member	32307
shall represent persons having landowners' royalty interests in	32308
oil and gas production. All members shall be residents of this	32309
state, and all members, except the members representing the public	32310
and persons having landowners' royalty interests, shall have at	32311
least five years of practical or technical experience in oil or	32312
gas drilling and production. Not more than one member may	32313
represent any one company, producer, or operator.	32314

Terms of office shall be for three years, commencing on the	32315
first day of February and ending on the thirty-first day of	32316
January. Each member shall hold office from the date of	32317
appointment until the end of the term for which the member was	32318
appointed. A vacancy in the office of a member shall be filled by	32319
the governor, with the advice and consent of the senate. Any	32320
member appointed to fill a vacancy occurring prior to the	32321
expiration of the term for which the member's predecessor was	32322
appointed shall hold office for the remainder of that term. Any	32323
member shall continue in office subsequent to the expiration date	32324
of the member's term until the member's successor takes office, or	32325
until a period of sixty days has elapsed, whichever occurs first.	32326

The council shall select from among its members a	32327
chairperson, a vice-chairperson, and a secretary. All members are	32328
entitled to their actual and necessary expenses incurred in the	32329
performance of their duties as members, payable from the	32330
appropriations for the division.	32331

The governor may remove any member for inefficiency, neglect	32332
of duty, or malfeasance in office.	32333

The council shall hold at least one regular meeting in each	32334
quarter of a calendar year and shall keep a record of its	32335
proceedings. Special meetings may be called by the chairperson and	32336
shall be called by the chairperson upon receipt of a written	32337
request signed by two or more members of the council. A written	32338
notice of the time and place of each meeting shall be sent to each	32339
member of the council. Five members constitute a quorum, and no	32340
action of the council is valid unless five members concur.	32341

The council, when requested by the chief of the division of	32342
~~mineral~~oil and gas resources management, shall consult with and	32343
advise the chief and perform other duties that may be lawfully	32344
delegated to it by the chief. The council may participate in	32345
hearings held by the chief under this chapter and has powers of	32346
approval as provided in sections 1509.24 and 1509.25 of the	32347
Revised Code. The council shall conduct the activities required,	32348
and exercise the authority granted, under Chapter 1510. of the	32349
Revised Code.	32350

The council, upon receiving a request from the chairperson of	32351
the oil and gas commission under division (C) of section 1509.35	32352
of the Revised Code, immediately shall prepare and provide to the	32353
chairperson a list of its members who may serve as temporary	32354
members of the oil and gas commission as provided in that	32355
division.	32356

Sec. 1509.40. Except as provided in section 1509.29 of the	32357
Revised Code, no authority granted in this chapter shall be	32358
construed as authorizing a limitation on the amount that any well,	32359
leasehold, or field is permitted to produce under proration orders	32360
of the division of ~~mineral~~oil and gas resources management.	32361

Sec. 1509.50. (A) An oil and gas regulatory cost recovery	32362
assessment is hereby imposed by this section on an owner. An owner	32363
shall pay the assessment in the same manner as a severer who is	32364
required to file a return under section 5749.06 of the Revised	32365
Code. However, an owner may designate a severer who shall pay the	32366
owner's assessment on behalf of the owner on the return that the	32367
severer is required to file under that section. If a severer so	32368
pays an owner's assessment, the severer may recoup from the owner	32369
the amount of the assessment. Except for an exempt domestic well,	32370
the assessment imposed shall be in addition to the taxes levied on	32371
the severance of oil and gas under section 5749.02 of the Revised	32372
Code.	32373

(B)(1) Except for an exempt domestic well, the oil and gas	32374
regulatory cost recovery assessment shall be calculated on a	32375
quarterly basis and shall be one of the following:	32376

(a) If the sum of ten cents per barrel of oil for all of the	32377
wells of the owner, one-half of one cent per one thousand cubic	32378
feet of natural gas for all of the wells of the owner, and the	32379
amount of the severance tax levied on each severer for all of the	32380
wells of the owner under divisions (A)(5) and (6) of section	32381
5749.02 of the Revised Code, as applicable, is greater than the	32382
sum of fifteen dollars for each well owned by the owner, the	32383
amount of the assessment is the sum of ten cents per barrel of oil	32384
for all of the wells of the owner and one-half of one cent per one	32385
thousand cubic feet of natural gas for all of the wells of the	32386
owner.	32387

(b) If the sum of ten cents per barrel of oil for all of the	32388
wells of the owner, one-half of one cent per one thousand cubic	32389
feet of natural gas for all of the wells of the owner, and the	32390
amount of the severance tax levied on each severer for all of the	32391
wells of the owner under divisions (A)(5) and (6) of section	32392
5749.02 of the Revised Code, as applicable, is less than the sum	32393
of fifteen dollars for each well owned by the owner, the amount of	32394
the assessment is the sum of fifteen dollars for each well owned	32395
by the owner less the amount of the tax levied on each severer for	32396
all of the wells of the owner under divisions (A)(5) and (6) of	32397
section 5749.02 of the Revised Code, as applicable.	32398

(2) The oil and gas regulatory cost recovery assessment for a	32399
well that becomes an exempt domestic well on and after ~~the~~	32400
~~effective date of this section~~June 30, 2010, shall be sixty	32401
dollars to be paid to the division of ~~mineral~~oil and gas	32402
resources management on the first day of July of each year.	32403

(C) All money collected pursuant to this section shall be	32404
deposited in the state treasury to the credit of the oil and gas	32405
well fund created in section 1509.02 of the Revised Code.	32406

(D) Except for purposes of revenue distribution as specified	32407
in division (B) of section 5749.02 of the Revised Code, the oil	32408
and gas regulatory cost recovery assessment imposed by this	32409
section shall be treated the same and equivalent for all purposes	32410
as the taxes levied on the severance of oil and gas under that	32411
section. However, the assessment imposed by this section is not a	32412
tax under Chapter 5749. of the Revised Code.	32413

Sec. 1510.01. As used in this chapter:

32414

(A) "First purchaser" means:

32415

(1) With regard to crude oil, the person to whom title first	32416
is transferred beyond the gathering tank or tanks, beyond the	32417
facility from which the crude oil was first produced, or both;	32418

(2) With regard to natural gas, the person to whom title	32419
first is transferred beyond the inlet side of the measurement	32420
station from which the natural gas was first produced.	32421

(B) "Independent producer" means a person who complies with	32422
both of the following:	32423

(1) Produces oil or natural gas and is not engaged in	32424
refining either product;	32425

(2) Derives a majority of income from ownership in properties	32426
producing oil or natural gas.	32427

(C) "Qualified independent producer association" means an	32428
association that complies with all of the following:	32429

(1) It is in existence on December 18, 1997.

32430

(2) It is organized and operating within this state.

32431

(3) A majority of the members of its governing body are	32432
independent producers.	32433

(D) "Technical advisory council" or "council" means the	32434
technical advisory council created in the division of ~~mineral~~oil	32435
and gas resources management under section 1509.38 of the Revised	32436
Code.	32437

Sec. 1510.08. (A)(1) Except as provided in division (A)(2)	32438
of this section, an operating committee may levy assessments on	32439
the production of oil and natural gas in this state for the	32440
purposes of a marketing program established under this chapter.	32441

(2) An operating committee shall not levy an assessment that	32442
was not approved by independent producers or that exceeds the	32443
amount authorized under division (B)(1) of section 1510.04 of the	32444
Revised Code. An operating committee shall not levy an assessment	32445
against an independent producer who is not eligible to vote in a	32446
referendum for the marketing program that the operating committee	32447
administers, as determined under division (C) of section 1510.02	32448
of the Revised Code.	32449

(B) The technical advisory council may require a first	32450
purchaser to withhold assessments from any amounts that the first	32451
purchaser owes to independent producers and, notwithstanding	32452
division (A)(2) of this section, to remit them to the chairperson	32453
of the council at the office of the division of ~~mineral~~oil and	32454
gas resources management. A first purchaser who pays an assessment	32455
that is levied pursuant to this section for an independent	32456
producer may deduct the amount of the assessment from any moneys	32457
that the first purchaser owes the independent producer.	32458

(C) A marketing program shall require a refund of assessments	32459
collected under this section after receiving an application for a	32460
refund from an independent producer. An application for a refund	32461
shall be made on a form furnished by the council. The operating	32462
committee shall ensure that refund forms are available where	32463
assessments for its program are withheld.	32464

An independent producer who desires a refund shall submit a	32465
request for a refund not later than the thirty-first day of March	32466
of the year in which the request is submitted. The council shall	32467
refund the assessment to the independent producer not later than	32468
the thirtieth day of June of the year in which the request for the	32469
refund is submitted.	32470

(D) An operating committee shall not use moneys from any	32471
assessments that it levies for any political or legislative	32472
purpose or for preferential treatment of one person to the	32473
detriment of another person who is affected by the marketing	32474
program that the operating committee administers.	32475

Sec. 1515.08. The supervisors of a soil and water	32476
conservation district have the following powers in addition to	32477
their other powers:	32478

(A) To conduct surveys, investigations, and research relating	32479
to the character of soil erosion, floodwater and sediment damages,	32480
and the preventive and control measures and works of improvement	32481
for flood prevention and the conservation, development,	32482
utilization, and disposal of water needed within the district, and	32483
to publish the results of those surveys, investigations, or	32484
research, provided that no district shall initiate any research	32485
program except in cooperation or after consultation with the Ohio	32486
agricultural research and development center;	32487

(B) To develop plans for the conservation of soil resources,	32488
for the control and prevention of soil erosion, and for works of	32489
improvement for flood prevention and the conservation,	32490
development, utilization, and disposal of water within the	32491
district, and to publish those plans and information;	32492

(C) To implement, construct, repair, maintain, and operate	32493
preventive and control measures and other works of improvement for	32494
natural resource conservation and development and flood	32495
prevention, and the conservation, development, utilization, and	32496
disposal of water within the district on lands owned or controlled	32497
by this state or any of its agencies and on any other lands within	32498
the district, which works may include any facilities authorized	32499
under state or federal programs, and to acquire, by purchase or	32500
gift, to hold, encumber, or dispose of, and to lease real and	32501
personal property or interests in such property for those	32502
purposes;	32503

(D) To cooperate or enter into agreements with any occupier	32504
of lands within the district in the carrying on of natural	32505
resource conservation operations and works of improvement for	32506
flood prevention and the conservation, development, utilization,	32507
and management of natural resources within the district, subject	32508
to such conditions as the supervisors consider necessary;	32509

(E) To accept donations, gifts, grants, and contributions in	32510
money, service, materials, or otherwise, and to use or expend them	32511
according to their terms;	32512

(F) To adopt, amend, and rescind rules to carry into effect	32513
the purposes and powers of the district;	32514

(G) To sue and plead in the name of the district, and be sued	32515
and impleaded in the name of the district, with respect to its	32516
contracts and, as indicated in section 1515.081 of the Revised	32517
Code, certain torts of its officers, employees, or agents acting	32518
within the scope of their employment or official responsibilities,	32519
or with respect to the enforcement of its obligations and	32520
covenants made under this chapter;	32521

(H) To make and enter into all contracts, leases, and	32522
agreements and execute all instruments necessary or incidental to	32523
the performance of the duties and the execution of the powers of	32524
the district under this chapter, provided that all of the	32525
following apply:	32526

(1) Except as provided in section 307.86 of the Revised Code	32527
regarding expenditures by boards of county commissioners, when the	32528
cost under any such contract, lease, or agreement, other than	32529
compensation for personal services or rental of office space,	32530
involves an expenditure of more than the amount established in	32531
that section regarding expenditures by boards of county	32532
commissioners, the supervisors shall make a written contract with	32533
the lowest and best bidder after advertisement, for not less than	32534
two nor more than four consecutive weeks preceding the day of the	32535
opening of bids, in a newspaper of general circulation within the	32536
district or as provided in section 7.16 of the Revised Code and in	32537
such other publications as the supervisors determine. The notice	32538
shall state the general character of the work and materials to be	32539
furnished, the place where plans and specifications may be	32540
examined, and the time and place of receiving bids.	32541

(2) Each bid for a contract shall contain the full name of	32542
every person interested in it.	32543

(3) Each bid for a contract for the construction, demolition,	32544
alteration, repair, or reconstruction of an improvement shall meet	32545
the requirements of section 153.54 of the Revised Code.	32546

(4) Each bid for a contract, other than a contract for the	32547
construction, demolition, alteration, repair, or reconstruction of	32548
an improvement, at the discretion of the supervisors, may be	32549
accompanied by a bond or certified check on a solvent bank in an	32550
amount not to exceed five per cent of the bid, conditioned that,	32551
if the bid is accepted, a contract shall be entered into.	32552

(5) The supervisors may reject any and all bids.

32553

(I) To make agreements with the department of natural	32554
resources giving it control over lands of the district for the	32555
purpose of construction of improvements by the department under	32556
section 1501.011 of the Revised Code;	32557

(J) To charge, alter, and collect rentals and other charges	32558
for the use or services of any works of the district;	32559

(K) To enter, either in person or by designated	32560
representatives, upon lands, private or public, in the necessary	32561
discharge of their duties;	32562

(L) To enter into agreements or contracts with the department	32563
for the determination, implementation, inspection, and funding of	32564
agricultural pollution abatement and urban sediment pollution	32565
abatement measures whereby landowners, operators, managers, and	32566
developers may meet adopted state standards for a quality	32567
environment, except that failure of a district board of	32568
supervisors to negotiate an agreement or contract with the	32569
department shall authorize the division of soil and water	32570
resources to implement the required program;	32571

(M) To conduct demonstrations and provide information to the	32572
public regarding practices and methods for natural resource	32573
conservation, development, and utilization;	32574

(N) To enter into contracts or agreements with the chief of	32575
the division of soil and water resources to implement and	32576
administer a program for urban sediment pollution abatement and to	32577
receive and expend moneys provided by the chief for that purpose;	32578

(O) To develop operation and management plans, as defined in	32579
section 1511.01 of the Revised Code, as necessary;	32580

(P) To determine whether operation and management plans	32581
developed under division (A) of section 1511.021 of the Revised	32582
Code comply with the standards established under division (E)(1)	32583
of section 1511.02 of the Revised Code and to approve or	32584
disapprove the plans, based on such compliance. If an operation	32585
and management plan is disapproved, the board shall provide a	32586
written explanation to the person who submitted the plan. The	32587
person may appeal the plan disapproval to the chief, who shall	32588
afford the person a hearing. Following the hearing, the chief	32589
shall uphold the plan disapproval or reverse it. If the chief	32590
reverses the plan disapproval, the plan shall be deemed approved	32591
under this division. In the event that any person operating or	32592
owning agricultural land or a concentrated animal feeding	32593
operation in accordance with an approved operation and management	32594
plan who, in good faith, is following that plan, causes	32595
agricultural pollution, the plan shall be revised in a fashion	32596
necessary to mitigate the agricultural pollution, as determined	32597
and approved by the board of supervisors of the soil and water	32598
conservation district.	32599

(Q) With regard to composting conducted in conjunction with	32600
agricultural operations, to do all of the following:	32601

(1) Upon request or upon their own initiative, inspect	32602
composting at any such operation to determine whether the	32603
composting is being conducted in accordance with section 1511.022	32604
of the Revised Code;	32605

(2) If the board determines that composting is not being so	32606
conducted, request the chief to issue an order under division (G)	32607
of section 1511.02 of the Revised Code requiring the person who is	32608
conducting the composting to prepare a composting plan in	32609
accordance with rules adopted under division (E)(8)(c) of that	32610
section and to operate in accordance with that plan or to operate	32611
in accordance with a previously prepared plan, as applicable;	32612

(3) In accordance with rules adopted under division (E)(8)(c)	32613
of section 1511.02 of the Revised Code, review and approve or	32614
disapprove any such composting plan. If a plan is disapproved, the	32615
board shall provide a written explanation to the person who	32616
submitted the plan.	32617

As used in division (Q) of this section, "composting" has the	32618
same meaning as in section 1511.01 of the Revised Code.	32619

(R) With regard to conservation activities that are conducted	32620
in conjunction with agricultural operations, to assist the county	32621
auditor, upon request, in determining whether a conservation	32622
activity is a conservation practice for purposes of Chapter 929.	32623
or sections 5713.30 to 5713.37 and 5715.01 of the Revised Code.	32624

As used in this division, "conservation practice" has the	32625
same meaning as in section 5713.30 of the Revised Code.	32626

(S) To do all acts necessary or proper to carry out the	32627
powers granted in this chapter.	32628

The director of natural resources shall make recommendations	32629
to reduce the adverse environmental effects of each project that a	32630
soil and water conservation district plans to undertake under	32631
division (A), (B), (C), or (D) of this section and that will be	32632
funded in whole or in part by moneys authorized under section	32633
1515.16 of the Revised Code and shall disapprove any such project	32634
that the director finds will adversely affect the environment	32635
without equal or greater benefit to the public. The director's	32636
disapproval or recommendations, upon the request of the district	32637
filed in accordance with rules adopted by the Ohio soil and water	32638
conservation commission, shall be reviewed by the commission,	32639
which may confirm the director's decision, modify it, or add	32640
recommendations to or approve a project the director has	32641
disapproved.	32642

Any instrument by which real property is acquired pursuant to	32643
this section shall identify the agency of the state that has the	32644
use and benefit of the real property as specified in section	32645
5301.012 of the Revised Code.	32646

Sec. 1515.14. Within the limits of funds appropriated to the	32647
department of natural resources and the soil and water	32648
conservation district assistance fund created in this section,	32649
there shall be paid in each calendar year to each local soil and	32650
water conservation district an amount not to exceed one dollar for	32651
each one dollar received in accordance with section 1515.10 of the	32652
Revised Code, received from tax levies in excess of the ten-mill	32653
levy limitation approved for the benefit of local soil and water	32654
conservation districts, or received from an appropriation by a	32655
municipal corporation or a township to a maximum of eight thousand	32656
dollars, provided that the Ohio soil and water conservation	32657
commission may approve payment to a district in an amount in	32658
excess of eight thousand dollars in any calendar year upon receipt	32659
of a request and justification from the district. The county	32660
auditor shall credit such payments to the special fund established	32661
pursuant to section 1515.10 of the Revised Code for the local soil	32662
and water conservation district. The department may make advances	32663
at least quarterly to each district on the basis of the estimated	32664
contribution of the state to each district. Moneys received by	32665
each district shall be expended for the purposes of the district.	32666

For the purpose of providing money to soil and water	32667
conservation districts under this section, there is hereby created	32668
in the state treasury the soil and water conservation district	32669
assistance fund consisting of money credited to it under sections	32670
3714.073 and 3734.901 and division (A)~~(5)~~(4) of section 3734.57 of	32671
the Revised Code.	32672

Sec. 1515.24. (A) Following receipt of a certification made	32673
by the supervisors of a soil and water conservation district	32674
pursuant to section 1515.19 of the Revised Code together with	32675
receipt of all plans, specifications, and estimates submitted	32676
under that section and upon completion of a schedule of estimated	32677
assessments in accordance with section 1515.211 of the Revised	32678
Code, the board of county commissioners may adopt a resolution	32679
levying upon the property within the project area an assessment at	32680
a uniform or varied rate based upon the benefit to the area	32681
certified by the supervisors, as necessary to pay the cost of	32682
construction of the improvement not otherwise funded and to repay	32683
advances made for purposes of the improvement from the fund	32684
created by section 1515.15 of the Revised Code. The board of	32685
county commissioners shall direct the person or authority	32686
preparing assessments to give primary consideration, in	32687
determining a parcel's estimated assessments relating to the	32688
disposal of water, to the potential increase in productivity that	32689
the parcel may experience as a result of the improvement and also	32690
to give consideration to the amount of water disposed of, the	32691
location of the property relative to the project, the value of the	32692
project to the watershed, and benefits. The part of the assessment	32693
that is found to benefit state, county, or township roads or	32694
highways or municipal streets shall be assessed against the state,	32695
county, township, or municipal corporation, respectively, payable	32696
from motor vehicle revenues. The part of the assessment that is	32697
found to benefit property owned by any public corporation, any	32698
political subdivision of the state, or the state shall be assessed	32699
against the public corporation, the political subdivision, or the	32700
state and shall be paid out of the general funds or motor vehicle	32701
revenues of the public corporation, the political subdivision of	32702
the state, or the state, except as otherwise provided by law.	32703

(B) The assessment shall be certified to the county auditor	32704
and by the county auditor to the county treasurer. The collection	32705
of the assessment shall conform in all matters to Chapter 323. of	32706
the Revised Code.	32707

(C) Any land owned and managed by the department of natural	32708
resources for wildlife, recreation, nature preserve, or forestry	32709
purposes is exempt from assessments if the director of natural	32710
resources determines that the land derives no benefit from the	32711
improvement. In making such a determination, the director shall	32712
consider the purposes for which the land is owned and managed and	32713
any relevant articles of dedication or existing management plans	32714
for the land. If the director determines that the land derives no	32715
benefit from the improvement, the director shall notify the board	32716
of county commissioners, within thirty days after receiving the	32717
assessment notification required by this section, indicating that	32718
the director has determined that the land is to be exempt and	32719
explaining the specific reason for making this determination. The	32720
board of county commissioners, within thirty days after receiving	32721
the director's exemption notification, may appeal the	32722
determination to the court of common pleas. If the court of common	32723
pleas finds in favor of the board of county commissioners, the	32724
department of natural resources shall pay all court costs and	32725
legal fees.	32726

(D)(1) The board shall give notice by first class mail to	32727
every public and private property owner whose property is subject	32728
to assessment, at the tax mailing or other known address of the	32729
owner. The notice shall contain a statement of the amount to be	32730
assessed against the property of the addressee, a description of	32731
the method used to determine the necessity for and the amount of	32732
the proposed assessment, a description of any easement on the	32733
property that is necessary for purposes of the improvement, and a	32734
statement that the addressee may file an objection in writing at	32735
the office of the board of county commissioners within thirty days	32736
after the mailing of notice. If the residence of any owner cannot	32737
be ascertained, or if any mailed notice is returned undelivered,	32738
the board shall publish the notice to all such owners in a	32739
newspaper of general circulation within the project area, ~~at least~~	32740
once each week for three weeks~~, which~~or as provided in section	32741
7.16 of the Revised Code. The notice shall include the information	32742
contained in the mailed notice, but shall state that the owner may	32743
file an objection in writing at the office of the board of county	32744
commissioners within thirty days after the last publication of the	32745
notice.	32746

(2) Upon receipt of objections as provided in this section,	32747
the board shall proceed within thirty days to hold a final hearing	32748
on the objections by fixing a date and giving notice by first	32749
class mail to the objectors at the address provided in filing the	32750
objection. If any mailed notice is returned undelivered, the board	32751
shall give due notice to the objectors in a newspaper of general	32752
circulation in the project area or as provided in section 7.16 of	32753
the Revised Code, stating the time, place, and purpose of the	32754
hearing. Upon hearing the objectors, the board may adopt a	32755
resolution amending and approving the final schedule of	32756
assessments and shall enter it in the journal.	32757

(3) Any owner whose objection is not allowed may appeal	32758
within thirty days to the court of common pleas of the county in	32759
which the property is located.	32760

(4) The board of county commissioners shall make an order	32761
approving the levying of the assessment and shall proceed under	32762
section 6131.23 of the Revised Code after one of the following has	32763
occurred, as applicable:	32764

(a) Final notice is provided by mail or publication.

32765

(b) The imposition of assessments is upheld in the final	32766
disposition of an appeal that is filed pursuant to division (D)(3)	32767
of this section.	32768

(c) The resolution levying the assessments is approved in a	32769
referendum that is held pursuant to section 305.31 of the Revised	32770
Code.	32771

(5) The county treasurer shall deposit the proceeds of the	32772
assessment in the fund designated by the board and shall report to	32773
the county auditor the amount of money from the assessment that is	32774
collected by the treasurer. Moneys shall be expended from the fund	32775
for purposes of the improvement.	32776

(E) Any moneys collected in excess of the amount needed for	32777
construction of the improvement and the subsequent first year's	32778
maintenance may be maintained in a fund to be used for maintenance	32779
of the improvement. In any year subsequent to a year in which an	32780
assessment for construction of an improvement levied under this	32781
section has been collected, and upon determination by the board of	32782
county commissioners that funds are not otherwise available for	32783
maintenance or repair of the improvement, the board shall levy on	32784
the property within the project area an assessment for maintenance	32785
at a uniform percentage of all construction costs based upon the	32786
assessment schedule used in determining the construction	32787
assessment. The assessment is not subject to the provisions	32788
concerning notice and petition contained in this section. An	32789
assessment for maintenance shall not be levied in any year in	32790
which the unencumbered balance of funds available for maintenance	32791
of the improvement exceeds twenty per cent of the cost of	32792
construction of the improvement, except that the board may adjust	32793
the level of assessment within the twenty per cent limitation, or	32794
suspend temporarily the levying of an assessment, for maintenance	32795
purposes as maintenance funds are needed.	32796

For the purpose of levying an assessment for maintenance of	32797
an improvement, a board may use the procedures established in	32798
Chapter 6137. of the Revised Code regarding maintenance of	32799
improvements as defined in section 6131.01 of the Revised Code in	32800
lieu of using the procedures established under this section.	32801

(F) The board of county commissioners may issue bonds and	32802
notes as authorized by section 131.23 or 133.17 of the Revised	32803
Code.	32804

Sec. 1517.02. There is hereby created in the department of	32805
natural resources the division of natural areas and preserves,	32806
which shall be administered by the chief of the division of	32807
natural areas and preserves. The chief shall take an oath of	32808
office and shall file in the office of the secretary of state a	32809
bond signed by the chief and by a surety approved by the governor	32810
for a sum fixed pursuant to section 121.11 of the Revised Code.	32811

The chief shall administer a system of nature preserves. The	32812
chief shall establish a system of nature preserves through	32813
acquisition and dedication of natural areas of state or national	32814
significance, which shall include, but not be limited to, areas	32815
that represent characteristic examples of Ohio's natural landscape	32816
types and its natural vegetation and geological history. The chief	32817
shall encourage landowners to dedicate areas of unusual	32818
significance as nature preserves, and shall establish and maintain	32819
a registry of natural areas of unusual significance.	32820

The chief may participate in watershed planning activities	32821
with other states or federal agencies.	32822

The chief shall do the following:

32823

(A) Formulate policies and plans for the acquisition, use,	32824
management, and protection of nature preserves;	32825

(B) Formulate policies for the selection of areas suitable	32826
for registration;	32827

(C) Formulate policies for the dedication of areas as nature	32828
preserves;	32829

(D) Prepare and maintain surveys and inventories of natural	32830
areas, rare and endangered species of plants and animals, and	32831
other unique natural features. The information shall be ~~stored~~	32832
entered in the Ohio natural heritage database, established	32833
~~pursuant to this division, and may be made available to any~~	32834
~~individual or private or public agency for research, educational,~~	32835
~~environmental, land management, or other similar purposes that are~~	32836
~~not detrimental to the conservation of a species or feature.~~	32837
~~Information regarding sensitive site locations of species that are~~	32838
~~listed pursuant to section 1518.01 of the Revised Code and of~~	32839
~~unique natural features that are included in the Ohio natural~~	32840
~~heritage database is not subject to section 149.43 of the Revised~~	32841
~~Code if the chief determines that the release of the information~~	32842
~~could be detrimental to the conservation of a species or unique~~	32843
~~natural feature~~under section 1531.04 of the Revised Code.	32844

(E) Adopt rules for the use, visitation, and protection of	32845
nature preserves and natural areas owned or managed through	32846
easement, license, or lease by the department and administered by	32847
the division in accordance with Chapter 119. of the Revised Code;	32848

(F) Provide facilities and improvements within the state	32849
system of nature preserves that are necessary for their	32850
visitation, use, restoration, and protection and do not impair	32851
their natural character;	32852

(G) Provide interpretive programs and publish and disseminate	32853
information pertaining to nature preserves and natural areas for	32854
their visitation and use;	32855

(H) Conduct and grant permits to qualified persons for the	32856
conduct of scientific research and investigations within nature	32857
preserves;	32858

(I) Establish an appropriate system for marking nature	32859
preserves;	32860

(J) Publish and submit to the governor and the general	32861
assembly a biennial report of the status and condition of each	32862
nature preserve, activities conducted within each preserve, and	32863
plans and recommendations for natural area preservation.	32864

Sec. 1517.03. (A) There is hereby created the Ohio natural	32865
areas council to advise the ~~chief of the division~~director of	32866
natural ~~areas and preserves~~resources or the director's designee	32867
on the administration of nature preserves and the preservation of	32868
natural areas.	32869

(B) The council shall ~~have no fewer than five members as~~	32870
~~determined by the director of natural resources. The members shall~~	32871
~~be appointed by the director.~~	32872

~~Not later than thirty days after the effective date of this~~	32873
~~section, the director shall make initial appointments to the~~	32874
~~council. The director shall establish the terms of office of the~~	32875
~~members of the council~~be composed of the following members	32876
appointed by the governor with the advice and consent of the	32877
senate:	32878

(1) One member representing natural history museums;

32879

(2) One member representing metropolitan park districts;

32880

(3) One member representing colleges and universities;

32881

(4) One member representing outdoor education programs in	32882
primary and secondary education;	32883

(5) One member representing nature centers;

32884

(6) Two members representing the public.

32885

Each appointed member shall be active or interested in	32886
natural area preservation. Not more than four of the appointed	32887
members shall belong to the same political party.	32888

The director or the director's designee shall be a nonvoting	32889
ex officio member of the council.	32890

(C) Not later than thirty days after the effective date of	32891
this amendment, the governor shall make appointments to the	32892
council. Of the initial appointments, two shall be for terms	32893
ending on the first Monday in February 2012, two shall be for	32894
terms ending on the first Monday in February 2013, two shall be	32895
for terms ending on the first Monday in February 2014, and one	32896
shall be for a term ending on the first Monday in February 2015.	32897
Thereafter, terms of office shall be for four years, with each	32898
term ending on the same day of the same month as did the term that	32899
it succeeds. A member shall hold office from the date of	32900
appointment until the end of the term for which the member was	32901
appointed. Members may be reappointed. Vacancies shall be filled	32902
in the manner provided for original appointments. A member	32903
appointed to fill a vacancy occurring prior to the expiration date	32904
of the term for which the member's predecessor was appointed shall	32905
hold office for the remainder of that term. A member shall	32906
continue in office subsequent to the expiration date of the	32907
member's term until the member's successor takes office or until a	32908
period of sixty days has elapsed, whichever occurs first.	32909

(D) The council annually shall select from among its members	32910
a chairperson and a secretary. ~~Members~~The department of natural	32911
resources shall furnish clerical, technical, legal, and other	32912
services required by the council in the performance of its duties.	32913

Members of the council shall receive no compensation and	32914
shall not be reimbursed for expenses incurred as members of the	32915
council.	32916

(E) The council shall hold at least one regular meeting in	32917
~~each calendar year~~every three months. Special meetings may be	32918
called by the chairperson and shall be called by the chairperson	32919
upon written request by two or more members of the council. A	32920
written notice of the time and place of each meeting shall be sent	32921
to each member and to the director. A majority of the members of	32922
the council constitutes a quorum. The council shall keep a record	32923
of its proceedings at each meeting and shall send a copy of the	32924
record to the director. The record shall be open to the public for	32925
inspection.	32926

Sec. 1531.04. The division of wildlife, at the direction of	32927
the chief of the division, shall do all of the following:	32928

(A) Plan, develop, and institute programs and policies based	32929
on the best available information, including biological	32930
information derived from professionally accepted practices in	32931
wildlife and fisheries management, with the approval of the	32932
director of natural resources;	32933

(B) Have and take the general care, protection, and	32934
supervision of the wildlife in the state parks known as Lake St.	32935
Marys, The Portage Lakes, Lake Loramie, Indian Lake, Buckeye Lake,	32936
Guilford Lake, such part of Pymatuning reservoir as lies in this	32937
state, and all other state parks and lands owned by the state or	32938
in which it is interested or may acquire or become interested,	32939
except lands and lakes the care and supervision of which are	32940
vested in some other officer, body, board, association, or	32941
organization;	32942

(C) Enforce by proper legal action or proceeding the laws of	32943
the state and division rules for the protection, preservation,	32944
propagation, and management of wild animals and sanctuaries and	32945
refuges for the propagation of those wild animals, and adopt and	32946
carry into effect such measures as it considers necessary in the	32947
performance of its duties;	32948

(D) Promote, educate, and inform the citizens of the state	32949
about conservation and the values of fishing, hunting, and	32950
trapping, with the approval of the director;	32951

(E) Prepare and maintain surveys and inventories of rare and	32952
endangered species of plants and animals and other unique natural	32953
features. The information shall be stored in the Ohio natural	32954
heritage database, established pursuant to this division, and may	32955
be made available to any individual or private or public agency	32956
for research, educational, environmental, land management, or	32957
other similar purposes that are not detrimental to the	32958
conservation of a species or feature. Information regarding	32959
sensitive site locations of species that are listed pursuant to	32960
section 1518.01 of the Revised Code and of unique natural features	32961
that are included in the Ohio natural heritage database is not	32962
subject to section 149.43 of the Revised Code if the chief	32963
determines that the release of the information could be	32964
detrimental to the conservation of a species or unique natural	32965
feature.	32966

Sec. 1533.10. Except as provided in this section or division	32967
(A)(2) of section 1533.12 of the Revised Code, no person shall	32968
hunt any wild bird or wild quadruped without a hunting license.	32969
Each day that any person hunts within the state without procuring	32970
such a license constitutes a separate offense. Except as otherwise	32971
provided in this section, every applicant for a hunting license	32972
who is a resident of the state and eighteen years of age or more	32973
shall procure a resident hunting license or an apprentice resident	32974
hunting license, the fee for which shall be eighteen dollars	32975
unless the rules adopted under division (B) of section 1533.12 of	32976
the Revised Code provide for issuance of a resident hunting	32977
license to the applicant free of charge. Except as provided in	32978
rules adopted under division (B)(2) of that section, each	32979
applicant who is a resident of this state and who at the time of	32980
application is sixty-six years of age or older shall procure a	32981
special senior hunting license, the fee for which shall be	32982
one-half of the regular hunting license fee. Every applicant who	32983
is under the age of eighteen years shall procure a special youth	32984
hunting license or an apprentice youth hunting license, the fee	32985
for which shall be one-half of the regular hunting license fee.	32986
~~The owner of~~	32987

A resident of this state who owns lands in the state and the	32988
owner's children of any age and grandchildren under eighteen years	32989
of age may hunt on the lands without a hunting license. If the	32990
owner of land in this state is a limited liability company or a	32991
limited liability partnership that consists of three or fewer	32992
individual members or partners, as applicable, an individual	32993
member or partner who is a resident of this state and the member's	32994
or partner's children of any age and grandchildren under eighteen	32995
years of age may hunt on the land owned by the limited liability	32996
company or limited liability partnership without a hunting	32997
license. In addition, if the owner of land in this state is a	32998
trust that has a total of three or fewer trustees and	32999
beneficiaries, an individual who is a trustee or beneficiary and	33000
who is a resident of this state and the individual's children of	33001
any age and grandchildren under eighteen years of age may hunt on	33002
the land owned by the trust without a hunting license. The tenant	33003
and children of the tenant, residing on lands in the state, may	33004
hunt on them without a hunting license. ~~Except~~	33005

Except as otherwise provided in division (A)(1) of section	33006
1533.12 of the Revised Code, every applicant for a hunting license	33007
who is a nonresident of the state and who is eighteen years of age	33008
or older shall procure a nonresident hunting license or an	33009
apprentice nonresident hunting license, the fee for which shall be	33010
one hundred twenty-four dollars unless the applicant is a resident	33011
of a state that is a party to an agreement under section 1533.91	33012
of the Revised Code, in which case the fee shall be eighteen	33013
dollars. Apprentice resident hunting licenses, apprentice youth	33014
hunting licenses, and apprentice nonresident hunting licenses are	33015
subject to the requirements established under section 1533.102 of	33016
the Revised Code and rules adopted pursuant to it.	33017

The chief of the division of wildlife may issue a small game	33018
hunting license expiring three days from the effective date of the	33019
license to a nonresident of the state, the fee for which shall be	33020
thirty-nine dollars. No person shall take or possess deer, wild	33021
turkeys, fur-bearing animals, ducks, geese, brant, or any nongame	33022
animal while possessing only a small game hunting license. A small	33023
game hunting license or an apprentice nonresident hunting license	33024
does not authorize the taking or possessing of ducks, geese, or	33025
brant without having obtained, in addition to the small game	33026
hunting license or the apprentice nonresident hunting license, a	33027
wetlands habitat stamp as provided in section 1533.112 of the	33028
Revised Code. A small game hunting license or an apprentice	33029
nonresident hunting license does not authorize the taking or	33030
possessing of deer, wild turkeys, or fur-bearing animals. A	33031
nonresident of the state who wishes to take or possess deer, wild	33032
turkeys, or fur-bearing animals in this state shall procure,	33033
respectively, a deer or wild turkey permit as provided in section	33034
1533.11 of the Revised Code or a fur taker permit as provided in	33035
section 1533.111 of the Revised Code in addition to a nonresident	33036
hunting license, an apprentice nonresident hunting license, a	33037
special youth hunting license, or an apprentice youth hunting	33038
license, as applicable, as provided in this section.	33039

No person shall procure or attempt to procure a hunting	33040
license by fraud, deceit, misrepresentation, or any false	33041
statement.	33042

This section does not authorize the taking and possessing of	33043
deer or wild turkeys without first having obtained, in addition to	33044
the hunting license required by this section, a deer or wild	33045
turkey permit as provided in section 1533.11 of the Revised Code	33046
or the taking and possessing of ducks, geese, or brant without	33047
first having obtained, in addition to the hunting license required	33048
by this section, a wetlands habitat stamp as provided in section	33049
1533.112 of the Revised Code.	33050

This section does not authorize the hunting or trapping of	33051
fur-bearing animals without first having obtained, in addition to	33052
a hunting license required by this section, a fur taker permit as	33053
provided in section 1533.111 of the Revised Code.	33054

No hunting license shall be issued unless it is accompanied	33055
by a written explanation of the law in section 1533.17 of the	33056
Revised Code and the penalty for its violation, including a	33057
description of terms of imprisonment and fines that may be	33058
imposed.	33059

No hunting license, other than an apprentice hunting license,	33060
shall be issued unless the applicant presents to the agent	33061
authorized to issue the license a previously held hunting license	33062
or evidence of having held such a license in content and manner	33063
approved by the chief, a certificate of completion issued upon	33064
completion of a hunter education and conservation course approved	33065
by the chief, or evidence of equivalent training in content and	33066
manner approved by the chief. A previously held apprentice hunting	33067
license does not satisfy the requirement concerning the	33068
presentation of a previously held hunting license or evidence of	33069
it.	33070

No person shall issue a hunting license, except an apprentice	33071
hunting license, to any person who fails to present the evidence	33072
required by this section. No person shall purchase or obtain a	33073
hunting license, other than an apprentice hunting license, without	33074
presenting to the issuing agent the evidence required by this	33075
section. Issuance of a hunting license in violation of the	33076
requirements of this section is an offense by both the purchaser	33077
of the illegally obtained hunting license and the clerk or agent	33078
who issued the hunting license. Any hunting license issued in	33079
violation of this section is void.	33080

The chief, with approval of the wildlife council, shall adopt	33081
rules prescribing a hunter education and conservation course for	33082
first-time hunting license buyers, other than buyers of apprentice	33083
hunting licenses, and for volunteer instructors. The course shall	33084
consist of subjects including, but not limited to, hunter safety	33085
and health, use of hunting implements, hunting tradition and	33086
ethics, the hunter and conservation, the law in section 1533.17 of	33087
the Revised Code along with the penalty for its violation,	33088
including a description of terms of imprisonment and fines that	33089
may be imposed, and other law relating to hunting. Authorized	33090
personnel of the division or volunteer instructors approved by the	33091
chief shall conduct such courses with such frequency and at such	33092
locations throughout the state as to reasonably meet the needs of	33093
license applicants. The chief shall issue a certificate of	33094
completion to each person who successfully completes the course	33095
and passes an examination prescribed by the chief.	33096

Sec. 1533.11. (A) Except as provided in this section, no	33097
person shall hunt deer on lands of another without first obtaining	33098
an annual deer permit. Except as provided in this section, no	33099
person shall hunt wild turkeys on lands of another without first	33100
obtaining an annual wild turkey permit. Each applicant for a deer	33101
or wild turkey permit shall pay an annual fee of twenty-three	33102
dollars for each permit unless the rules adopted under division	33103
(B) of section 1533.12 of the Revised Code provide for issuance of	33104
a deer or wild turkey permit to the applicant free of charge.	33105
Except as provided in rules adopted under division (B)(2) of that	33106
section, each applicant who is a resident of this state and who at	33107
the time of application is sixty-six years of age or older shall	33108
procure a senior deer or wild turkey permit, the fee for which	33109
shall be one-half of the regular deer or wild turkey permit fee.	33110
Each applicant who is under the age of eighteen years shall	33111
procure a youth deer or wild turkey permit, the fee for which	33112
shall be one-half of the regular deer or wild turkey permit fee.	33113
Except as provided in division (A)(2) of section 1533.12 of the	33114
Revised Code, a deer or wild turkey permit shall run concurrently	33115
with the hunting license. The money received shall be paid into	33116
the state treasury to the credit of the wildlife fund, created in	33117
section 1531.17 of the Revised Code, exclusively for the use of	33118
the division of wildlife in the acquisition and development of	33119
land for deer or wild turkey management, for investigating deer or	33120
wild turkey problems, and for the stocking, management, and	33121
protection of deer or wild turkey. Every person, while hunting	33122
deer or wild turkey on lands of another, shall carry the person's	33123
deer or wild turkey permit and exhibit it to any enforcement	33124
officer so requesting. Failure to so carry and exhibit such a	33125
permit constitutes an offense under this section. The chief of the	33126
division of wildlife shall adopt any additional rules the chief	33127
considers necessary to carry out this section and section 1533.10	33128
of the Revised Code.	33129

~~The~~An owner who is a resident of this state and the children	33130
of the owner of lands in this state may hunt deer or wild turkey	33131
thereon without a deer or wild turkey permit. If the owner of land	33132
in this state is a limited liability company or a limited	33133
liability partnership that consists of three or fewer individual	33134
members or partners, as applicable, an individual member or	33135
partner who is a resident of this state and the member's or	33136
partner's children of any age may hunt deer or wild turkey on the	33137
land owned by the limited liability company or limited liability	33138
partnership without a deer or wild turkey permit. In addition, if	33139
the owner of land in this state is a trust that has a total of	33140
three or fewer trustees and beneficiaries, an individual who is a	33141
trustee or beneficiary and who is a resident of this state and the	33142
individual's children of any age may hunt deer or wild turkey on	33143
the land owned by the trust without a deer or wild turkey permit.	33144
The tenant and children of the tenant may hunt deer or wild turkey	33145
on lands where they reside without a deer or wild turkey permit.	33146

(B) A deer or wild turkey permit is not transferable. No	33147
person shall carry a deer or wild turkey permit issued in the name	33148
of another person.	33149

(C) The wildlife refunds fund is hereby created in the state	33150
treasury. The fund shall consist of money received from	33151
application fees for deer permits that are not issued. Money in	33152
the fund shall be used to make refunds of such application fees.	33153

(D) If the division establishes a system for the electronic	33154
submission of information regarding deer or wild turkey that are	33155
taken, the division shall allow the owner and the children of the	33156
owner of lands in this state to use the owner's name or address	33157
for purposes of submitting that information electronically via	33158
that system.	33159

Sec. 1533.111. Except as provided in this section or	33160
division (A)(2) of section 1533.12 of the Revised Code, no person	33161
shall hunt or trap fur-bearing animals on land of another without	33162
first obtaining some type of an annual fur taker permit. Each	33163
applicant for a fur taker permit or an apprentice fur taker permit	33164
shall pay an annual fee of fourteen dollars for the permit, except	33165
as otherwise provided in this section or unless the rules adopted	33166
under division (B) of section 1533.12 of the Revised Code provide	33167
for issuance of a fur taker permit to the applicant free of	33168
charge. Except as provided in rules adopted under division (B)(2)	33169
of that section, each applicant who is a resident of this state	33170
and who at the time of application is sixty-six years of age or	33171
older shall procure a special senior fur taker permit, the fee for	33172
which shall be one-half of the regular fur taker permit fee. Each	33173
applicant under the age of eighteen years shall procure a special	33174
youth fur taker permit or an apprentice youth fur taker permit,	33175
the fee for which shall be one-half of the regular fur taker	33176
permit fee. Each type of fur taker permit shall run concurrently	33177
with the hunting license. The money received shall be paid into	33178
the state treasury to the credit of the fund established in	33179
section 1533.15 of the Revised Code. Apprentice fur taker permits	33180
and apprentice youth fur taker permits are subject to the	33181
requirements established under section 1533.102 of the Revised	33182
Code and rules adopted pursuant to it.	33183

No fur taker permit shall be issued unless it is accompanied	33184
by a written explanation of the law in section 1533.17 of the	33185
Revised Code and the penalty for its violation, including a	33186
description of terms of imprisonment and fines that may be	33187
imposed.	33188

No fur taker permit, other than an apprentice fur taker	33189
permit or an apprentice youth fur taker permit, shall be issued	33190
unless the applicant presents to the agent authorized to issue a	33191
fur taker permit a previously held hunting license or trapping or	33192
fur taker permit or evidence of having held such a license or	33193
permit in content and manner approved by the chief of the division	33194
of wildlife, a certificate of completion issued upon completion of	33195
a trapper education course approved by the chief, or evidence of	33196
equivalent training in content and manner approved by the chief. A	33197
previously held apprentice hunting license, apprentice fur taker	33198
permit, or apprentice youth fur taker permit does not satisfy the	33199
requirement concerning the presentation of a previously held	33200
hunting license or fur taker permit or evidence of such a license	33201
or permit.	33202

No person shall issue a fur taker permit, other than an	33203
apprentice fur taker permit or an apprentice youth fur taker	33204
permit, to any person who fails to present the evidence required	33205
by this section. No person shall purchase or obtain a fur taker	33206
permit, other than an apprentice fur taker permit or an apprentice	33207
youth fur taker permit, without presenting to the issuing agent	33208
the evidence required by this section. Issuance of a fur taker	33209
permit in violation of the requirements of this section is an	33210
offense by both the purchaser of the illegally obtained permit and	33211
the clerk or agent who issued the permit. Any fur taker permit	33212
issued in violation of this section is void.	33213

The chief, with approval of the wildlife council, shall adopt	33214
rules prescribing a trapper education course for first-time fur	33215
taker permit buyers, other than buyers of apprentice fur taker	33216
permits or apprentice youth fur taker permits, and for volunteer	33217
instructors. The course shall consist of subjects that include,	33218
but are not limited to, trapping techniques, animal habits and	33219
identification, trapping tradition and ethics, the trapper and	33220
conservation, the law in section 1533.17 of the Revised Code along	33221
with the penalty for its violation, including a description of	33222
terms of imprisonment and fines that may be imposed, and other law	33223
relating to trapping. Authorized personnel of the division of	33224
wildlife or volunteer instructors approved by the chief shall	33225
conduct the courses with such frequency and at such locations	33226
throughout the state as to reasonably meet the needs of permit	33227
applicants. The chief shall issue a certificate of completion to	33228
each person who successfully completes the course and passes an	33229
examination prescribed by the chief.	33230

Every person, while hunting or trapping fur-bearing animals	33231
on lands of another, shall carry the person's fur taker permit	33232
with the person's signature written on the permit. Failure to	33233
carry such a signed permit constitutes an offense under this	33234
section. The chief shall adopt any additional rules the chief	33235
considers necessary to carry out this section.	33236

~~The~~An owner who is a resident of this state and the children	33237
of the owner of lands in this state may hunt or trap fur-bearing	33238
animals thereon without a fur taker permit. If the owner of land	33239
in this state is a limited liability company or a limited	33240
liability partnership that consists of three or fewer individual	33241
members or partners, as applicable, an individual member or	33242
partner who is a resident of this state and the member's or	33243
partner's children of any age may hunt or trap fur-bearing animals	33244
on the land owned by the limited liability company or limited	33245
liability partnership without a fur taker permit. In addition, if	33246
the owner of land in this state is a trust that has a total of	33247
three or fewer trustees and beneficiaries, an individual who is a	33248
trustee or beneficiary and who is a resident of this state and the	33249
individual's children of any age may hunt or trap fur-bearing	33250
animals on the land owned by the trust without a fur taker permit.	33251
The tenant and children of the tenant may hunt or trap fur-bearing	33252
animals on lands where they reside without a fur taker permit.	33253

A fur taker permit is not transferable. No person shall carry	33254
a fur taker permit issued in the name of another person.	33255

A fur taker permit entitles a nonresident to take from this	33256
state fur-bearing animals taken and possessed by the nonresident	33257
as provided by law or division rule.	33258

Sec. 1533.32. Except as provided in this section or division	33259
(A)(2) or (C) of section 1533.12 of the Revised Code, no person,	33260
including nonresidents, shall take or catch any fish by angling in	33261
any of the waters in the state or engage in fishing in those	33262
waters without a license. No person shall take or catch frogs or	33263
turtles without a valid fishing license, except as provided in	33264
this section. Persons fishing in privately owned ponds, lakes, or	33265
reservoirs to or from which fish are not accustomed to migrate are	33266
exempt from the license requirements set forth in this section.	33267
Persons fishing in privately owned ponds, lakes, or reservoirs	33268
that are open to public fishing through an agreement or lease with	33269
the division of wildlife shall comply with the license	33270
requirements set forth in this section.	33271

The fee for an annual license shall be thirty-nine dollars	33272
for a resident of a state that is not a party to an agreement	33273
under section 1533.91 of the Revised Code. The fee for an annual	33274
license shall be eighteen dollars for a resident of a state that	33275
is a party to such an agreement. The fee for an annual license for	33276
residents of this state shall be eighteen dollars unless the rules	33277
adopted under division (B) of section 1533.12 of the Revised Code	33278
provide for issuance of a resident fishing license to the	33279
applicant free of charge. Except as provided in rules adopted	33280
under division (B)(2) of that section, each applicant who is a	33281
resident of this state and who at the time of application is	33282
sixty-six years of age or older shall procure a special senior	33283
fishing license, the fee for which shall be one-half of the annual	33284
resident fishing license fee.	33285

Any person under the age of sixteen years may take or catch	33286
frogs and turtles and take or catch fish by angling without a	33287
license.	33288

The chief of the division of wildlife may issue a tourist's	33289
license expiring three days from the effective date of the license	33290
to a resident of a state that is not a party to an agreement under	33291
section 1533.91 of the Revised Code. The fee for a tourist's	33292
license shall be eighteen dollars.	33293

The chief shall adopt rules under section 1531.10 of the	33294
Revised Code providing for the issuance of a one-day fishing	33295
license to a resident of this state or of any other state. The fee	33296
for such a license shall be fifty-five per cent of the amount	33297
established under this section for a tourist's license, rounded up	33298
to the nearest whole dollar. A one-day fishing license shall allow	33299
the holder to take or catch fish by angling in the waters in the	33300
state, engage in fishing in those waters, or take or catch frogs	33301
or turtles in those waters for one day without obtaining an annual	33302
license or a tourist's license under this section. At the request	33303
of a holder of a one-day fishing license who wishes to obtain an	33304
annual license, a clerk or agent authorized to issue licenses	33305
under section 1533.13 of the Revised Code, not later than the last	33306
day on which the one-day license would be valid if it were an	33307
annual license, shall credit the amount of the fee paid for the	33308
one-day license toward the fee charged for the annual license if	33309
so authorized by the chief. The clerk or agent shall issue the	33310
annual license upon presentation of the one-day license and	33311
payment of a fee in an amount equal to the difference between the	33312
fee for the annual license and the fee for the one-day license.	33313

Unless otherwise provided by division rule, each annual	33314
license shall begin on the first day of March of the current year	33315
and expire on the last day of February of the following year.	33316

No person shall alter a fishing license or possess a fishing	33317
license that has been altered.	33318

No person shall procure or attempt to procure a fishing	33319
license by fraud, deceit, misrepresentation, or any false	33320
statement.	33321

~~Owners of~~A resident of this state who owns land over,	33322
through, upon, or along which any water flows or stands, except	33323
where the land is in or borders on state parks or state-owned	33324
lakes, together with the members of the immediate families of such	33325
owners, may take frogs and turtles and may take or catch fish of	33326
the kind permitted to be taken or caught therefrom without	33327
procuring a license provided for in this section. This exemption	33328
extends to tenants actually residing upon such lands and to the	33329
members of the immediate families of the tenants. If the owner of	33330
such land in this state is a limited liability company or a	33331
limited liability partnership that consists of three or fewer	33332
individual members or partners, as applicable, an individual	33333
member or partner who is a resident of this state and the member's	33334
or partner's children of any age may take frogs and turtles and	33335
may take or catch fish of the kind permitted to be taken or caught	33336
therefrom without procuring a license provided for in this	33337
section. In addition, if the owner of such land in this state is a	33338
trust that has a total of three or fewer trustees and	33339
beneficiaries, an individual who is a trustee or beneficiary and	33340
who is a resident of this state and the individual's children of	33341
any age may take frogs and turtles and may take or catch fish of	33342
the kind permitted to be taken or caught therefrom without	33343
procuring a license provided for in this section. Residents of	33344
state or county institutions, charitable institutions, and	33345
military homes in this state may take frogs and turtles without	33346
procuring the required license, provided that a member of the	33347
institution or home has an identification card, which shall be	33348
carried on that person when fishing.	33349

Every fisher required to be licensed, while fishing or taking	33350
or attempting to take frogs or turtles, shall carry the license	33351
and exhibit it to any person. Failure to so carry and exhibit the	33352
license constitutes an offense under this section.	33353

Sec. 1533.731. (A) No wild animal hunting preserve shall be	33354
less than eighty acres in area. Each such preserve shall be in one	33355
continuous block of land, except that the block of land may be	33356
intersected by highways or roads. No wild animal hunting preserve	33357
shall be located within ~~three~~one thousand five hundred feet of	33358
another such preserve or of a commercial bird shooting preserve	33359
licensed under section 1533.72 of the Revised Code.	33360

The boundaries of each wild animal hunting preserve shall be	33361
clearly defined by posting, at intervals of not more than ~~two~~four	33362
hundred feet, with signs prescribed by the division of wildlife.	33363
Each wild animal hunting preserve shall be surrounded by a fence	33364
at least six feet in height that is constructed of a woven wire	33365
mesh, or such other enclosure approved by the chief of the	33366
division of wildlife.	33367

(B)(1) Except as provided in divisions (B)(2) and (3) of this	33368
section, game and nonnative wildlife that have been approved by	33369
the chief for such use, that have been legally acquired or	33370
propagated under the authority of a propagating license issued	33371
under section 1533.71 of the Revised Code, and that are marked and	33372
tagged as provided in division (C) of this section may be released	33373
and hunted within the confines of the licensed wild animal hunting	33374
preserve between sunrise and sunset, without regard to sex, bag	33375
limit, or open season, by licensed hunters authorized by the	33376
holder of the wild animal hunting preserve license to hunt on	33377
those lands. The chief shall establish, by rule, the allowable	33378
methods of taking game and nonnative wildlife in a wild animal	33379
hunting preserve.	33380

(2) No game or nonnative wildlife on the federal endangered	33381
species list established in accordance with the "Endangered	33382
Species Act of 1973," 87 Stat. 884, 16 U.S.C.A. 1531, as amended,	33383
or the state endangered species list established in rules adopted	33384
under section 1531.25 of the Revised Code, no bears native to	33385
North America, and no large carnivores of the family Felidae shall	33386
be released for hunting or hunted in any wild animal hunting	33387
preserve in this state.	33388

(3) No person shall release for hunting or hunt within a wild	33389
animal hunting preserve any game or nonnative wildlife not listed	33390
in the application for a license for that preserve.	33391

(C) All game and nonnative wildlife released on a wild animal	33392
hunting preserve shall be identified with a tag that shall bear	33393
upon it a symbol identifying the preserve.	33394

(D) For the purposes of division (B) of section 1533.02 of	33395
the Revised Code, the owner or operator of a wild animal hunting	33396
preserve shall furnish each person who takes any game or nonnative	33397
wildlife from the preserve a certificate bearing a description of	33398
the animal, the date the animal was taken, and the name of the	33399
preserve.	33400

(E) The chief shall adopt rules under section 1531.10 of the	33401
Revised Code that provide for the safety of the public and for the	33402
protection of the game and nonnative wildlife to be hunted in a	33403
wild animal hunting preserve prior to their release in the	33404
preserve.	33405

(F) No holder of a wild animal hunting preserve license shall	33406
violate Chapter 1531. or this chapter of the Revised Code or any	33407
division rule.	33408

(G) This section does not authorize the hunting of game birds	33409
in a licensed wild animal hunting preserve.	33410

Sec. 1533.83. As used in sections 1533.83 to 1533.85 of the	33411
Revised Code:	33412

(A) "Political subdivision" means a municipal corporation,	33413
township, county, or other body corporate and politic responsible	33414
for governmental activities in a geographic area smaller than that	33415
of the state.	33416

(B) "Shooting range" means a facility operated for the	33417
purpose of shooting with firearms or archery equipment, whether	33418
publicly or privately owned and whether or not operated for	33419
profit, including, but not limited to, commercial bird shooting	33420
preserves and wild animal hunting preserves established pursuant	33421
to this chapter. "Shooting range" does not include a facility	33422
owned or operated by a municipal corporation, county, or township	33423
police district, or joint police district.	33424

(C) "Harm" means injury, death, or loss to person or	33425
property.	33426

(D) "The chief's noise rules" means the rules of the chief of	33427
the division of wildlife that are adopted pursuant to section	33428
1533.84 of the Revised Code and that pertain to the limitation or	33429
suppression of noise at a shooting range or to the hours of	33430
operation of shooting ranges.	33431

(E) "The chief's public safety rules" means the rules of the	33432
chief of the division of wildlife that are adopted pursuant to	33433
section 1533.84 of the Revised Code and that pertain to public	33434
safety, including standards for the reconstruction, enlargement,	33435
remodeling, or repair of any structure or facility that is part of	33436
a shooting range.	33437

Sec. 1541.03. All lands and waters dedicated and set apart	33438
for state park purposes shall be under the control and management	33439
of the division of parks and recreation, which shall protect,	33440
maintain, and keep them in repair. The division shall have the	33441
following powers over all such lands and waters:	33442

(A) To make alterations and improvements;

33443

(B) To construct and maintain dikes, wharves, landings,	33444
docks, dams, and other works;	33445

(C) To construct and maintain roads and drives in, around,	33446
upon, and to the lands and waters to make them conveniently	33447
accessible and useful to the public;	33448

(D) Except as otherwise provided in this section, to adopt,	33449
amend, and rescind, in accordance with Chapter 119. of the Revised	33450
Code, rules necessary for the proper management of state parks,	33451
bodies of water, and the lands adjacent to them under its	33452
jurisdiction and control, including the following:	33453

(1) Governing opening and closing times and dates of the	33454
parks;	33455

(2) Establishing fees and charges for use of facilities in	33456
state parks;	33457

(3) Governing camps, camping, and fees for camps and camping;

33458

(4) Governing the application for and rental of, rental fees	33459
for, and the use of cottages;	33460

(5) Relating to public use of state park lands, and governing	33461
the operation of motor vehicles, including speeds, and parking on	33462
those lands;	33463

(6) Governing all advertising within state parks and the	33464
requirements for the operation of places selling tangible personal	33465
property and control of food service sales on lands and waters	33466
under the control of the division, which rules shall establish	33467
uniform requirements;	33468

(7) Providing uniform standards relating to the size, type,	33469
location, construction, and maintenance of structures and devices	33470
used for fishing or moorage of watercraft, rowboats, sailboats,	33471
and powercraft, as those terms are defined in section 1547.01 of	33472
the Revised Code, over waters under the control of the division	33473
and establishing reasonable fees for the construction of and	33474
annual use permits for those structures and devices;	33475

(8) Governing state beaches, swimming, inflatable devices,	33476
and fees for them;	33477

(9) Governing the removal and disposition of any watercraft,	33478
rowboat, sailboat, or powercraft, as those terms are defined in	33479
section 1547.01 of the Revised Code, left unattended for more than	33480
seven days on any lands or waters under the control of the	33481
division;	33482

(10) Governing the establishment and collection of check	33483
collection charges for checks that are returned to the division or	33484
dishonored for any reason.	33485

(E) To coordinate and plan trails in accordance with section	33486
1519.03 of the Revised Code;	33487

(F) To cooperate with the United States and agencies of it	33488
and with political subdivisions in administering federal	33489
recreation moneys under the "Land and Water Conservation Fund Act	33490
of 1965," 78 Stat. 897, 16 U.S.C. 4601-8, as amended; prepare and	33491
distribute the statewide comprehensive outdoor recreation plan;	33492
and administer the state recreational vehicle fund created in	33493
section 4519.11 of the Revised Code;	33494

(G) To administer any state or federally funded grant program	33495
that is related to natural resources and recreation as considered	33496
necessary by the director of natural resources;	33497

(H) To assist the department of natural resources and its	33498
divisions by providing department-wide planning, capital	33499
improvements planning, and special purpose planning.	33500

~~With the approval of the director, the chief of the division~~	33501
~~of parks and recreation may enter into contracts or agreements~~	33502
~~with any agency of the United States government, any other public~~	33503
~~agency, or any private entity or organization for the performance~~	33504
~~of the duties of the division.~~	33505

The division shall adopt rules under this section	33506
establishing a discount program for all persons who are issued a	33507
golden buckeye card under section 173.06 of the Revised Code. The	33508
discount program shall provide a discount for all park services	33509
and rentals, but shall not provide a discount for the purchase of	33510
merchandise.	33511

The division shall not adopt rules establishing fees or	33512
charges for parking a motor vehicle in a state park or for	33513
admission to a state park.	33514

Every resident of this state with a disability that has been	33515
determined by the veterans administration to be permanently and	33516
totally disabling, who receives a pension or compensation from the	33517
veterans administration, and who received an honorable discharge	33518
from the armed forces of the United States, and every veteran to	33519
whom the registrar of motor vehicles has issued a set of license	33520
plates under section 4503.41 of the Revised Code, shall be exempt	33521
from the fees for camping, provided that the resident or veteran	33522
carries in the state park such evidence of the resident's or	33523
veteran's disability as the chief prescribes by rule.	33524

Unless otherwise provided by division rule, every resident of	33525
this state who is sixty-five years of age or older or who is	33526
permanently and totally disabled and who furnishes evidence of	33527
that age or disability in a manner prescribed by division rule	33528
shall be charged one-half of the regular fee for camping, except	33529
on the weekends and holidays designated by the division, and shall	33530
not be charged more than ninety per cent of the regular charges	33531
for state recreational facilities, equipment, services, and food	33532
service operations utilized by the person at any time of year,	33533
whether maintained or operated by the state or leased for	33534
operation by another entity.	33535

As used in this section, "food service operations" means	33536
restaurants that are owned by the department of natural resources	33537
at Hocking Hills, Lake Hope, Malabar Farm, and Rocky Fork state	33538
parks or are part of a state park lodge. "Food service operations"	33539
does not include automatic vending machines, concession stands, or	33540
snack bars.	33541

As used in this section, "prisoner of war" means any	33542
regularly appointed, enrolled, enlisted, or inducted member of the	33543
military forces of the United States who was captured, separated,	33544
and incarcerated by an enemy of the United States. Any person who	33545
has been a prisoner of war, was honorably discharged from the	33546
military forces, and is a resident of this state is exempt from	33547
the fees for camping. To claim this exemption, the person shall	33548
present written evidence in the form of a record of separation, a	33549
letter from one of the military forces of the United States, or	33550
such other evidence as the chief prescribes by rule that satisfies	33551
the eligibility criteria established by this section.	33552

Sec. 1541.05. (A) The chief of the division of parks and	33553
recreation, with the approval of the director of natural	33554
resources, may dispose of any of the following by sale, donation,	33555
trade, trade-in, recycling, or any other lawful means, in a manner	33556
that will benefit the division:	33557

(1) Standing timber that as a result of wind, storm,	33558
pestilence, or any other natural occurrence may present a hazard	33559
to life or property, timber that has weakened or fallen on lands	33560
under the control and management of the division, or any timber or	33561
other forest products that ~~requires~~require management to improve	33562
wildlife habitat, protect against wildfires, provide access to	33563
recreational facilities, implement sustainable forestry practices,	33564
or improve the safety, quality, or appearance of any state park	33565
area;	33566

(2) Spoils of a dredging operation conducted by the division	33567
in waters under the control and management of the division. Prior	33568
to the disposition of any spoils under this division, the chief	33569
shall notify the director of environmental protection of the	33570
chief's intent so that the director may determine if the spoils	33571
constitute solid wastes or hazardous waste, as those terms are	33572
defined in section 3734.01 of the Revised Code, that must be	33573
disposed of in accordance with Chapter 3734. of the Revised Code.	33574
If the director does not notify the chief within thirty days after	33575
receiving notice of the disposition that the spoils must be	33576
disposed of in accordance with Chapter 3734. of the Revised Code,	33577
the chief may proceed with the disposition.	33578

(3) Notwithstanding sections 125.12 to 125.14 of the Revised	33579
Code, excess supplies and surplus supplies, as those terms are	33580
defined in section 125.12 of the Revised Code;	33581

(4) Agricultural products that are grown or raised by the	33582
division. As used in this division, "agricultural products"	33583
includes products of apiculture, animal husbandry, or poultry	33584
husbandry, field crops, fruits, and vegetables.	33585

(5) Abandoned personal property, including golf balls that	33586
are found on property under the control and management of the	33587
division.	33588

(B) In accordance with Chapter 119. of the Revised Code, the	33589
chief shall adopt, and may amend and rescind, such rules as are	33590
necessary to administer this section.	33591

(C) ~~Proceeds~~Except as provided in division (D) of this	33592
section, proceeds from the disposition of items under this section	33593
shall be deposited in the state treasury to the credit of the	33594
state park fund created in section 1541.22 of the Revised Code.	33595

(D) The chief of the division of parks and recreation may	33596
enter into a memorandum of understanding with the chief of the	33597
division of forestry to allow the division of forestry to	33598
administer the sale of timber and forest products on lands that	33599
are owned or controlled by the division of parks and recreation.	33600
Proceeds from the sale of timber or forest products pursuant to	33601
the memorandum of understanding shall be apportioned as follows:	33602

(1) Seventy-five per cent of the proceeds shall be deposited	33603
in the state treasury to the credit of the state park fund.	33604

(2) Twenty-five per cent of the proceeds shall be deposited	33605
in the state treasury to the credit of the state forest fund	33606
created in section 1503.05 of the Revised Code.	33607

Sec. 1545.071. The following applies until the department of	33608
administrative services implements for park districts the health	33609
care plans under section 9.901 of the Revised Code. If those plans	33610
do not include or address any benefits listed in this section, the	33611
following provisions continue in effect for those benefits.	33612

The board of park commissioners of any park district may	33613
procure and pay all or any part of the cost of group insurance	33614
policies that may provide benefits for hospitalization, surgical	33615
care, major medical care, disability, dental care, eye care,	33616
medical care, hearing aids, or prescription drugs, or sickness and	33617
accident insurance or a combination of any of the foregoing types	33618
of insurance or coverage for park district officers and employees	33619
and their immediate dependents issued by an insurance company duly	33620
authorized to do business in this state.	33621

The board may procure and pay all or any part of the cost of	33622
group life insurance to insure the lives of park district	33623
employees.	33624

The board also may contract for group health care services	33625
with health insuring corporations holding a certificate of	33626
authority under Chapter 1751. of the Revised Code provided that	33627
each officer or employee is permitted to:	33628

(A) Choose between a plan offered by an insurance company and	33629
a plan offered by a health insuring corporation and provided	33630
further that the officer or employee pays any amount by which the	33631
cost of the plan chosen by the officer or employee exceeds the	33632
cost of the plan offered by the board under this section;	33633

(B) Change the choice made under division (A) of this section	33634
at a time each year as determined in advance by the board.	33635

Any appointed member of the board of park commissioners and	33636
the spouse and dependent children of the member may be covered, at	33637
the option and expense of the member, as a noncompensated employee	33638
of the park district under any benefit plan described in division	33639
(A) of this section. The member shall pay to the park district the	33640
amount certified to it by the benefit provider as the provider's	33641
charge for the coverage the member has chosen under division (A)	33642
of this section. Payments for coverage shall be made, in advance,	33643
in a manner prescribed by the board. The member's exercise of an	33644
option to be covered under this section shall be in writing,	33645
announced at a regular public meeting of the board, and recorded	33646
as a public record in the minutes of the board.	33647

The board may provide the benefits authorized in this section	33648
by contributing to a health and welfare trust fund administered	33649
through or in conjunction with a collective bargaining	33650
representative of the park district employees.	33651

The board may provide the benefits described in this section	33652
through an individual self-insurance program or a joint	33653
self-insurance program as provided in section 9.833 of the Revised	33654
Code.	33655

Sec. 1545.09. (A) The board of park commissioners shall adopt	33656
such bylaws and rules as the board considers advisable for the	33657
preservation of good order within and adjacent to parks and	33658
reservations of land, and for the protection and preservation of	33659
the parks, parkways, and other reservations of land under its	33660
jurisdiction and control and of property and natural life therein.	33661
The board shall also adopt bylaws or rules establishing a	33662
procedure for contracting for professional, technical, consulting,	33663
and other special services. Any competitive bidding procedures of	33664
the board do not apply to the purchase of benefits for park	33665
district officers or employees when such benefits are provided	33666
through a health and welfare trust fund administered through or in	33667
conjunction with a collective bargaining representative of the	33668
park district employees, as authorized in section 1545.071 of the	33669
Revised Code. ~~The~~Summaries of the bylaws and rules shall be	33670
published as provided in the case of ordinances of municipal	33671
corporations under section 731.21 of the Revised Code before	33672
taking effect.	33673

(B)(1) As used in division (B)(2) of this section, "similar	33674
violation under state law" means a violation of any section of the	33675
Revised Code, other than division (C) of this section, that is	33676
similar to a violation of a bylaw or rule adopted under division	33677
(A) of this section.	33678

(2) The board of park commissioners may adopt by bylaw a	33679
penalty for a violation of any bylaw or rule adopted under	33680
division (A) of this section, and any penalty so adopted shall not	33681
exceed in severity whichever of the following is applicable:	33682

(a) The penalty designated under the Revised Code for a	33683
violation of the state law that is similar to the bylaw or rule	33684
for which the board adopted the penalty;	33685

(b) For a violation of a bylaw or rule adopted under division	33686
(A) of this section for which the similar violation under state	33687
law does not bear a penalty or for which there is no similar	33688
violation under state law, a fine of not more than one hundred	33689
fifty dollars for a first offense and not more than one thousand	33690
dollars for each subsequent offense.	33691

(3) ~~Any~~A summary of any bylaw adopted under division (B)(2)	33692
of this section shall be published as provided in the case of	33693
ordinances of municipal corporations under section 731.21 of the	33694
Revised Code before taking effect.	33695

(C) No person shall violate any bylaws or rules adopted under	33696
division (A) of this section. All fines collected for any	33697
violation of this section shall be paid into the treasury of such	33698
park board.	33699

Sec. 1545.12. (A) Except as provided in division (B) of this	33700
section, if the board of park commissioners finds that any lands	33701
that it has acquired are not necessary for the purposes for which	33702
they were acquired by the board, it may sell and dispose of the	33703
lands upon terms the board considers advisable. The board also may	33704
lease or permit the use of any lands for purposes not inconsistent	33705
with the purposes for which the lands were acquired, and upon	33706
terms the board considers advisable. No lands shall be sold	33707
pursuant to this division without first giving notice of the	33708
board's intention to sell the lands by publication once a week for	33709
four consecutive weeks in ~~not less than two English newspapers~~a	33710
newspaper of general circulation in the district or as provided in	33711
section 7.16 of the Revised Code. The notice shall contain an	33712
accurate description of the lands and shall state the time and	33713
place at which sealed bids will be received for the purchase of	33714
the lands, and the lands shall not thereafter be sold at private	33715
sale for less than the best and highest bid received without	33716
giving further notice as specified in this division.	33717

(B)(1) After compliance with division (B)(2) of this section,	33718
the board of park commissioners may sell land upon terms the board	33719
considers advisable to any park district established under section	33720
511.18 or Chapter 1545. of the Revised Code, any political	33721
subdivision of the state, the state or any department or agency of	33722
the state, or any department or agency of the federal government	33723
for conservation uses or for park or recreation purposes without	33724
the necessity of having to comply with division (A) of this	33725
section.	33726

(2) Before the board of park commissioners may sell land	33727
under division (B)(1) of this section, the board shall offer the	33728
land for sale to each of the following public agencies that is	33729
authorized to acquire, develop, and maintain land for conservation	33730
uses or for park or recreation purposes: each park district	33731
established under section 511.18 or Chapter 1545. of the Revised	33732
Code or political subdivision in which the land is located, each	33733
park district that is so established and that adjoins or each	33734
political subdivision that adjoins a park district so established	33735
or political subdivision in which the land is located, and each	33736
agency or department of the state or of the federal government	33737
that operates parks or conservation or recreation areas near the	33738
land. The board shall make the offer by giving a written notice	33739
that the land is available for sale, by first class mail, to these	33740
public agencies. A failure of delivery of the written notice to	33741
any of these public agencies does not invalidate any proceedings	33742
for the sale of land under this division. Any public agency that	33743
is so notified and that wishes to purchase the land shall make an	33744
offer to the board in writing not later than sixty days after	33745
receiving the written notice.	33746

If there is only one offer to purchase the land made in that	33747
sixty-day period, the board need not hold a public hearing on the	33748
offer. The board shall accept the offer only if it determines that	33749
acceptance of the offer will result in the best public use of the	33750
land.	33751

If there is more than one offer to purchase the land made in	33752
that sixty-day period, the board shall not accept any offer until	33753
the board holds a public hearing on the offers. If, after the	33754
hearing, the board decides to accept an offer, it shall accept the	33755
offer that it determines will result in the best public use of the	33756
land.	33757

(C) No lands shall be sold under this section at either	33758
public or private sale without the approval of the probate court	33759
of the county in which the lands are situated.	33760

Sec. 1545.131. The board of park commissioners of a park	33761
district may enter into contracts with one or more townships,	33762
township police districts, joint police districts, municipal	33763
corporations, or county sheriffs of this state, with one or more	33764
township park districts created pursuant to section 511.18 of the	33765
Revised Code or other park districts, with one or more state	33766
universities or colleges, as defined in section 3345.12 of the	33767
Revised Code, or with a contiguous political subdivision of an	33768
adjoining state, and a township, township police district, joint	33769
police district, municipal corporation, county sheriff, township	33770
park district, other park district, or state university or college	33771
may enter into a contract with a park district upon any terms that	33772
are agreed to by them, to allow the use of the park district	33773
police or law enforcement officers designated under section	33774
1545.13 of the Revised Code to perform any police function,	33775
exercise any police power, or render any police service on behalf	33776
of the contracting entity that the entity may perform, exercise,	33777
or render.	33778

Chapter 2744. of the Revised Code, insofar as it applies to	33779
the operation of police departments, applies to the contracting	33780
entities and to the members of the police force or law enforcement	33781
department when they are rendering service outside their own	33782
subdivisions pursuant to that contract.	33783

Members of the police force or law enforcement department	33784
acting outside the political subdivision in which they are	33785
employed, pursuant to that contract, shall be entitled to	33786
participate in any indemnity fund established by their employer to	33787
the same extent as while acting within the employing subdivision.	33788
Those members shall be entitled to all the rights and benefits of	33789
Chapter 4123. of the Revised Code, to the same extent as while	33790
performing service within the subdivision.	33791

The contracts entered into pursuant to this section may	33792
provide for the following:	33793

(A) A fixed annual charge to be paid at the times agreed upon	33794
and stipulated in the contract;	33795

(B) Compensation based upon the following:

33796

(1) A stipulated price for each call or emergency;

33797

(2) The number of members or pieces of equipment employed;

33798

(3) The elapsed time of service required in each call or	33799
emergency.	33800

(C) Compensation for loss or damage to equipment while	33801
engaged in rendering police services outside the limits of the	33802
subdivision that owns and furnishes the equipment;	33803

(D) Reimbursement of the subdivision in which the police	33804
force or law enforcement department members are employed for any	33805
indemnity award or premium contribution assessed against the	33806
employing subdivision for workers' compensation benefits for	33807
injuries or death of its police force or law enforcement	33808
department members occurring while engaged in rendering police	33809
services pursuant to the contract.	33810

Sec. 1545.132. The police force or law enforcement	33811
department of any park district may provide police protection to	33812
any county, municipal corporation, township, or township police	33813
district, or joint police district of this state, to any other	33814
park district or any township park district created pursuant to	33815
section 511.18 of the Revised Code, or to a governmental entity of	33816
an adjoining state without a contract to provide police	33817
protection, upon the approval, by resolution, of the board of park	33818
commissioners of the park district in which the police force or	33819
law enforcement department is located and upon authorization by an	33820
officer or employee of the police force or department providing	33821
the police protection who is designated by title of office or	33822
position, pursuant to the resolution of the board of park	33823
commissioners, to give the authorization.	33824

Chapter 2744. of the Revised Code, insofar as it applies to	33825
the operation of police departments, shall apply to any park	33826
district and to members of its police force or law enforcement	33827
department when those members are rendering police services	33828
pursuant to this section outside the park district by which they	33829
are employed.	33830

Police force or law enforcement department members acting, as	33831
provided in this section, outside the park district by which they	33832
are employed shall be entitled to participate in any pension or	33833
indemnity fund established by their employer to the same extent as	33834
while acting within the park district by which they are employed.	33835
Those members shall be entitled to all rights and benefits of	33836
Chapter 4123. of the Revised Code to the same extent as while	33837
performing services within the park district by which they are	33838
employed.	33839

Sec. 1547.01. (A) As used in sections 1541.03, 1547.26,	33840
1547.39, 1547.40, 1547.53, 1547.54, 1547.541, 1547.542, 1547.543,	33841
1547.56, 1547.57, 1547.66, ~~3733.21,~~ and 5311.01 of the Revised	33842
Code, "watercraft" means any of the following when used or capable	33843
of being used for transportation on the water:	33844

(1) A vessel operated by machinery either permanently or	33845
temporarily affixed;	33846

(2) A sailboat other than a sailboard;

33847

(3) An inflatable, manually propelled boat that is required	33848
by federal law to have a hull identification number meeting the	33849
requirements of the United States coast guard;	33850

(4) A canoe or rowboat.

33851

"Watercraft" does not include ferries as referred to in	33852
Chapter 4583. of the Revised Code.	33853

Watercraft subject to section 1547.54 of the Revised Code	33854
shall be divided into five classes as follows:	33855

Class A: Less than sixteen feet in length;

33856

Class 1: At least sixteen feet, but less than twenty-six feet	33857
in length;	33858

Class 2: At least twenty-six feet, but less than forty feet	33859
in length;	33860

Class 3: At least forty feet, but less than sixty-five feet	33861
in length;	33862

Class 4: At least sixty-five feet in length.

33863

(B) As used in this chapter:

33864

(1) "Vessel" includes every description of craft, including	33865
nondisplacement craft and seaplanes, designed to be used as a	33866
means of transportation on water.	33867

(2) "Rowboat" means any vessel, except a canoe, that is	33868
designed to be rowed and that is propelled by human muscular	33869
effort by oars or paddles and upon which no mechanical propulsion	33870
device, electric motor, internal combustion engine, or sail has	33871
been affixed or is used for the operation of the vessel.	33872

(3) "Sailboat" means any vessel, equipped with mast and	33873
sails, dependent upon the wind to propel it in the normal course	33874
of operation.	33875

(a) Any sailboat equipped with an inboard engine is deemed a	33876
powercraft with auxiliary sail.	33877

(b) Any sailboat equipped with a detachable motor is deemed a	33878
sailboat with auxiliary power.	33879

(c) Any sailboat being propelled by mechanical power, whether	33880
under sail or not, is deemed a powercraft and subject to all laws	33881
and rules governing powercraft operation.	33882

(4) "Powercraft" means any vessel propelled by machinery,	33883
fuel, rockets, or similar device.	33884

(5) "Person" includes any legal entity defined as a person in	33885
section 1.59 of the Revised Code and any body politic, except the	33886
United States and this state, and includes any agent, trustee,	33887
executor, receiver, assignee, or other representative thereof.	33888

(6) "Owner" includes any person who claims lawful possession	33889
of a vessel by virtue of legal title or equitable interest therein	33890
that entitled the person to that possession.	33891

(7) "Operator" includes any person who navigates or has under	33892
the person's control a vessel, or vessel and detachable motor, on	33893
the waters in this state.	33894

(8) "Visible" means visible on a dark night with clear	33895
atmosphere.	33896

(9) "Waters in this state" means all streams, rivers, lakes,	33897
ponds, marshes, watercourses, waterways, and other bodies of	33898
water, natural or humanmade, that are situated wholly or partially	33899
within this state or within its jurisdiction and are used for	33900
recreational boating.	33901

(10) "Navigable waters" means waters that come under the	33902
jurisdiction of the department of the army of the United States	33903
and any waterways within or adjacent to this state, except inland	33904
lakes having neither a navigable inlet nor outlet.	33905

(11) "In operation" in reference to a vessel means that the	33906
vessel is being navigated or otherwise used on the waters in this	33907
state.	33908

(12) "Sewage" means human body wastes and the wastes from	33909
toilets and other receptacles intended to receive or retain body	33910
waste.	33911

(13) "Canoe" means a narrow vessel of shallow draft, pointed	33912
at both ends and propelled by human muscular effort, and includes	33913
kayaks, racing shells, and rowing sculls.	33914

(14) "Coast guard approved" means bearing an approval number	33915
assigned by the United States coast guard.	33916

(15) "Type one personal flotation device" means a device that	33917
is designed to turn an unconscious person floating in water from a	33918
face downward position to a vertical or slightly face upward	33919
position and that has at least nine kilograms, approximately	33920
twenty pounds, of buoyancy.	33921

(16) "Type two personal flotation device" means a device that	33922
is designed to turn an unconscious person in the water from a face	33923
downward position to a vertical or slightly face upward position	33924
and that has at least seven kilograms, approximately fifteen and	33925
four-tenths pounds, of buoyancy.	33926

(17) "Type three personal flotation device" means a device	33927
that is designed to keep a conscious person in a vertical or	33928
slightly face upward position and that has at least seven	33929
kilograms, approximately fifteen and four-tenths pounds, of	33930
buoyancy.	33931

(18) "Type four personal flotation device" means a device	33932
that is designed to be thrown to a person in the water and not	33933
worn and that has at least seven and five-tenths kilograms,	33934
approximately sixteen and five-tenths pounds, of buoyancy.	33935

(19) "Type five personal flotation device" means a device	33936
that, unlike other personal flotation devices, has limitations on	33937
its approval by the United States coast guard, including, without	33938
limitation, all of the following:	33939

(a) The approval label on the type five personal flotation	33940
device indicates that the device is approved for the activity in	33941
which the vessel is being used or as a substitute for a personal	33942
flotation device of the type required on the vessel in use.	33943

(b) The personal flotation device is used in accordance with	33944
any requirements on the approval label.	33945

(c) The personal flotation device is used in accordance with	33946
requirements in its owner's manual if the approval label refers to	33947
such a manual.	33948

(20) "Inflatable watercraft" means any vessel constructed of	33949
rubber, canvas, or other material that is designed to be inflated	33950
with any gaseous substance, constructed with two or more air	33951
cells, and operated as a vessel. Inflatable watercraft propelled	33952
by a motor shall be classified as powercraft and shall be	33953
registered by length. Inflatable watercraft propelled by a sail	33954
shall be classified as a sailboat and shall be registered by	33955
length.	33956

(21) "Idle speed" means the slowest possible speed needed to	33957
maintain steerage or maneuverability.	33958

(22) "Diver's flag" means a red flag not less than one foot	33959
square having a diagonal white stripe extending from the masthead	33960
to the opposite lower corner that when displayed indicates that	33961
divers are in the water.	33962

(23) "Muffler" means an acoustical suppression device or	33963
system that is designed and installed to abate the sound of	33964
exhaust gases emitted from an internal combustion engine and that	33965
prevents excessive or unusual noise.	33966

(24) "Law enforcement vessel" means any vessel used in law	33967
enforcement and under the command of a law enforcement officer.	33968

(25) "Personal watercraft" means a vessel, less than sixteen	33969
feet in length, that is propelled by machinery and designed to be	33970
operated by an individual sitting, standing, or kneeling on the	33971
vessel rather than by an individual sitting or standing inside the	33972
vessel.	33973

(26) "No wake" has the same meaning as "idle speed."

33974

(27) "Watercraft dealer" means any person who is regularly	33975
engaged in the business of manufacturing, selling, displaying,	33976
offering for sale, or dealing in vessels at an established place	33977
of business. "Watercraft dealer" does not include a person who is	33978
a marine salvage dealer or any other person who dismantles,	33979
salvages, or rebuilds vessels using used parts.	33980

(28) "Electronic" includes electrical, digital, magnetic,	33981
optical, electromagnetic, or any other form of technology that	33982
entails capabilities similar to these technologies.	33983

(29) "Electronic record" means a record generated,	33984
communicated, received, or stored by electronic means for use in	33985
an information system or for transmission from one information	33986
system to another.	33987

(30) "Electronic signature" means a signature in electronic	33988
form attached to or logically associated with an electronic	33989
record.	33990

(31) "Drug of abuse" has the same meaning as in section	33991
4506.01 of the Revised Code.	33992

(32) "Watercourse" means a substantially natural channel with	33993
recognized banks and bottom in which a flow of water occurs, with	33994
an average of at least ten feet mean surface water width and at	33995
least five miles of length.	33996

(33) "Impoundment" means the reservoir created by a dam or	33997
other artificial barrier across a watercourse that causes water to	33998
be stored deeper than and generally beyond the banks of the	33999
natural channel of the watercourse during periods of normal flow,	34000
but does not include water stored behind rock piles, rock riffle	34001
dams, and low channel dams where the depth of water is less than	34002
ten feet above the channel bottom and is essentially confined	34003
within the banks of the natural channel during periods of normal	34004
stream flow.	34005

(34) "Wild river area" means an area declared a wild river	34006
area by the director of natural resources under this chapter and	34007
includes those rivers or sections of rivers that are free of	34008
impoundments and generally inaccessible except by trail, with	34009
watersheds or shorelines essentially primitive and waters	34010
unpolluted, representing vestiges of primitive America.	34011

(35) "Scenic river area" means an area declared a scenic	34012
river area by the director under this chapter and includes those	34013
rivers or sections of rivers that are free of impoundments, with	34014
shorelines or watersheds still largely primitive and shorelines	34015
largely undeveloped, but accessible in places by roads.	34016

(36) "Recreational river area" means an area declared a	34017
recreational river area by the director under this chapter and	34018
includes those rivers or sections of rivers that are readily	34019
accessible by road or railroad, that may have some development	34020
along their shorelines, and that may have undergone some	34021
impoundment or diversion in the past.	34022

Sec. 1547.30. (A) As used in this section and sections	34023
1547.301, 1547.302, and 1547.304 of the Revised Code:	34024

(1) "Vessel or outboard motor" excludes an abandoned junk	34025
vessel or outboard motor, as defined in section 1547.303 of the	34026
Revised Code, or any watercraft or outboard motor under section	34027
4585.31 of the Revised Code.	34028

(2) "Law enforcement agency" means any organization or unit	34029
comprised of law enforcement officers, as defined in section	34030
2901.01 of the Revised Code.	34031

(B)(1) The sheriff of a county, chief of police of a	34032
municipal corporation, township, or township police district, or	34033
joint police district, or other chief of a law enforcement agency,	34034
within the sheriff's or chief's respective territorial	34035
jurisdiction, upon complaint of any person adversely affected, may	34036
order into storage any vessel or outboard motor that has been left	34037
on private property, other than a private dock or mooring facility	34038
or structure, for at least seventy-two hours without the	34039
permission of the person having the right to the possession of the	34040
property. The sheriff or chief, upon complaint of the owner of a	34041
marine repair facility or place of storage, may order into storage	34042
any vessel or outboard motor that has been left at the facility or	34043
place of storage for a longer period than that agreed upon. The	34044
place of storage shall be designated by the sheriff or chief. When	34045
ordering a vessel or motor into storage under division (B)(1) of	34046
this section, a sheriff or chief, whenever possible, shall arrange	34047
for the removal of the vessel or motor by a private tow truck	34048
operator or towing company.	34049

(2)(a) Except as provided in division (B)(2)(d) of this	34050
section, no person, without the consent of the owner or other	34051
person authorized to give consent, shall moor, anchor, or tie a	34052
vessel or outboard motor at a private dock or mooring facility or	34053
structure owned by another person if the owner has posted, in a	34054
conspicuous manner, a prohibition against the mooring, anchoring,	34055
or tying of vessels or outboard motors at the dock, facility, or	34056
structure by any person not having the consent of the owner or	34057
other person authorized to give consent.	34058

(b) If the owner of a private dock or mooring facility or	34059
structure has posted at the dock, facility, or structure, in a	34060
conspicuous manner, conditions and regulations under which the	34061
mooring, anchoring, or tying of vessels or outboard motors is	34062
permitted at the dock, facility, or structure, no person, except	34063
as provided in division (B)(2)(d) of this section, shall moor,	34064
anchor, or tie a vessel or outboard motor at the dock, facility,	34065
or structure in violation of the posted conditions and	34066
regulations.	34067

(c) The owner of a private dock or mooring facility or	34068
structure may order towed into storage any vessel or outboard	34069
motor found moored, anchored, or tied in violation of division	34070
(B)(2)(a) or (b) of this section, provided that the owner of the	34071
dock, facility, or structure posts on it a sign that states that	34072
the dock, facility, or structure is private, is visible from all	34073
entrances to the dock, facility, or structure, and contains all of	34074
the following information:	34075

(i) The information specified in division (B)(2)(a) or (b) of	34076
this section, as applicable;	34077

(ii) A notice that violators will be towed and that violators	34078
are responsible for paying the cost of the towing;	34079

(iii) The telephone number of the person from whom a towed	34080
vessel or outboard motor may be recovered, and the address of the	34081
place to which the vessel or outboard motor will be taken and the	34082
place from which it may be recovered.	34083

(d) Divisions (B)(2)(a) and (b) of this section do not	34084
prohibit a person from mooring, anchoring, or tying a vessel or	34085
outboard motor at a private dock or mooring facility or structure	34086
if either of the following applies:	34087

(i) The vessel or outboard motor is disabled due to a	34088
mechanical or structural malfunction, provided that the person	34089
immediately removes the vessel or outboard motor from the dock,	34090
facility, or structure when the malfunction is corrected or when a	34091
reasonable attempt has been made to correct it;	34092

(ii) Weather conditions are creating an imminent threat to	34093
safe operation of the vessel or outboard motor, provided that the	34094
person immediately removes the vessel or outboard motor from the	34095
dock, facility, or structure when the weather conditions permit	34096
safe operation of the vessel or outboard motor.	34097

(e) A person whose vessel or outboard motor is towed into	34098
storage under division (B)(2)(c) of this section either shall pay	34099
the costs of the towing of the vessel or outboard motor or shall	34100
reimburse the owner of the dock or mooring facility or structure	34101
for the costs that the owner incurs in towing the vessel or	34102
outboard motor.	34103

(3) Subject to division (C) of this section, the owner of a	34104
vessel or motor that has been removed under division (B) of this	34105
section may recover the vessel or motor only in accordance with	34106
division (F) of this section.	34107

(C) If the owner or operator of a vessel or outboard motor	34108
that has been ordered into storage under division (B) of this	34109
section arrives after the vessel or motor has been prepared for	34110
removal, but prior to its actual removal from the property, the	34111
owner or operator shall be given the opportunity to pay a fee of	34112
not more than one-half of the charge for the removal of vessels or	34113
motors under division (B) of this section that normally is	34114
assessed by the person who has prepared the vessel or motor for	34115
removal, in order to obtain release of the vessel or motor. Upon	34116
payment of that fee, the vessel or motor shall be released to the	34117
owner or operator, and upon its release, the owner or operator	34118
immediately shall move it so that it is not on the private	34119
property without the permission of the person having the right to	34120
possession of the property, or is not at the facility or place of	34121
storage without the permission of the owner, whichever is	34122
applicable.	34123

(D) Each county sheriff, each chief of police of a municipal	34124
corporation, township, or township police district, or joint	34125
police district, and each other chief of a law enforcement agency	34126
shall maintain a record of vessels or outboard motors that are	34127
ordered into storage under division (B)(1) of this section. The	34128
record shall include an entry for each such vessel or motor that	34129
identifies the vessel's hull identification number or serial	34130
number, if any, the vessel's or motor's make, model, and color,	34131
the location from which it was removed, the date and time of its	34132
removal, the telephone number of the person from whom it may be	34133
recovered, and the address of the place to which it has been taken	34134
and from which it may be recovered. Any information in the record	34135
that pertains to a particular vessel or motor shall be provided to	34136
any person who, pursuant to a statement the person makes either in	34137
person or by telephone, is identified as the owner or operator of	34138
the vessel or motor and requests information pertaining to its	34139
location.	34140

(E) Any person who registers a complaint that is the basis of	34141
a sheriff's or chief's order for the removal and storage of a	34142
vessel or outboard motor under division (B)(1) of this section	34143
shall provide the identity of the law enforcement agency with	34144
which the complaint was registered to any person who, pursuant to	34145
a statement the person makes, is identified as the owner or	34146
operator of the vessel or motor and requests information	34147
pertaining to its location.	34148

(F)(1) The owner of a vessel or outboard motor that is	34149
ordered into storage under division (B) of this section may	34150
reclaim it upon payment of any expenses or charges incurred in its	34151
removal, in an amount not to exceed two hundred dollars, and	34152
storage, in an amount not to exceed five dollars per	34153
twenty-four-hour period, and upon presentation of proof of	34154
ownership, which may be evidenced by a certificate of title to the	34155
vessel or motor, certificate of United States coast guard	34156
documentation, or certificate of registration if the vessel or	34157
motor is not subject to titling under section 1548.01 of the	34158
Revised Code.	34159

(2) If a vessel or outboard motor that is ordered into	34160
storage under division (B)(1) of this section remains unclaimed by	34161
the owner for thirty days, the procedures established by sections	34162
1547.301 and 1547.302 of the Revised Code shall apply.	34163

(3) If a vessel or outboard motor ordered into storage under	34164
division (B)(2) of this section remains unclaimed for seventy-two	34165
hours after being stored, the tow truck operator or towing company	34166
that removed the vessel or outboard motor shall provide notice of	34167
the removal and storage to the sheriff of a county, chief of	34168
police of a municipal corporation, township, or township police	34169
district, or joint police district, or other chief of a law	34170
enforcement agency within whose territorial jurisdiction the	34171
vessel or outboard motor had been moored, anchored, or tied in	34172
violation of division (B)(2) of this section. The notice shall be	34173
in writing and include the vessel's hull identification number or	34174
serial number, if any, the vessel's or outboard motor's make,	34175
model, and color, the location from which it was removed, the date	34176
and time of its removal, the telephone number of the person from	34177
whom it may be recovered, and the address of the place to which it	34178
has been taken and from which it may be recovered.	34179

Upon receipt of the notice, the sheriff or chief immediately	34180
shall cause a search to be made of the records of the division of	34181
watercraft to ascertain the owner and any lienholder of the vessel	34182
or outboard motor, and, if known, shall send notice to the owner	34183
and lienholder, if any, at the owner's and lienholder's last known	34184
address by certified mail, return receipt requested, that the	34185
vessel or outboard motor will be declared a nuisance and disposed	34186
of if not claimed not later than thirty days after the date of the	34187
mailing of the notice.	34188

If the owner or lienholder makes no claim to the vessel or	34189
outboard motor within thirty days of the date of the mailing of	34190
the notice, the sheriff or chief shall file with the clerk of	34191
courts of the county in which the place of storage is located an	34192
affidavit showing compliance with the requirements of division	34193
(F)(3) of this section, and the vessel or outboard motor shall be	34194
disposed of in accordance with section 1547.302 of the Revised	34195
Code.	34196

(G) No person shall remove, or cause the removal of, any	34197
vessel or outboard motor from private property other than in	34198
accordance with division (B) of this section or section 1547.301	34199
of the Revised Code.	34200

Sec. 1547.301. The sheriff of a county, chief of police of a	34201
municipal corporation, township, or township police district, or	34202
joint police district, or other chief of a law enforcement agency,	34203
within ~~his~~the sheriff's or chief's respective territorial	34204
jurisdiction, or a state highway patrol trooper, upon notification	34205
to the sheriff or chief of such action and of the location of the	34206
place of storage, may order into storage any vessel or outboard	34207
motor that has been left in a sunken, beached, or drifting	34208
condition for any period of time, or in a docked condition, on a	34209
public street or other property open to the public, or upon or	34210
within the right-of-way of any waterway, road, or highway, for	34211
forty-eight hours or longer without notification to the sheriff or	34212
chief of the reasons for leaving the vessel or motor in any such	34213
place or condition. The sheriff or chief shall designate the place	34214
of storage of any vessel or motor ordered removed by ~~him~~the	34215
sheriff or chief.	34216

The sheriff or chief shall immediately cause a search to be	34217
made of the records of the division of watercraft to ascertain the	34218
owner and any lienholder of a vessel or outboard motor ordered	34219
into storage by the sheriff or chief, and, if known, shall send	34220
notice to the owner and lienholder, if any, at ~~his~~the owner's or	34221
lienholder's last known address by certified mail, return receipt	34222
requested, that the vessel or motor will be declared a nuisance	34223
and disposed of if not claimed within ten days of the date of	34224
mailing of the notice. The owner or lienholder of the vessel or	34225
motor may reclaim it upon payment of any expenses or charges	34226
incurred in its removal and storage, and presentation of proof of	34227
ownership, which may be evidenced by a certificate of title to the	34228
vessel or motor, certificate of United States coast guard	34229
documentation, or certificate of registration if the vessel or	34230
motor is not subject to titling under section 1548.01 of the	34231
Revised Code.	34232

If the owner or lienholder makes no claim to the vessel or	34233
outboard motor within ten days of the date of mailing of the	34234
notice, and if the vessel or motor is to be disposed of at public	34235
auction as provided in section 1547.302 of the Revised Code, the	34236
sheriff or chief shall file with the clerk of courts of the county	34237
in which the place of storage is located an affidavit showing	34238
compliance with the requirements of this section. Upon	34239
presentation of the affidavit, the clerk of courts shall without	34240
charge issue a salvage certificate of title, free and clear of all	34241
liens and encumbrances, to the sheriff or chief and shall send a	34242
copy of the affidavit to the chief of the division of watercraft.	34243
If the vessel or motor is to be disposed of to a marine salvage	34244
dealer or other facility as provided in section 1547.302 of the	34245
Revised Code, the sheriff or chief shall execute in triplicate an	34246
affidavit, as prescribed by the chief of the division of	34247
watercraft, describing the vessel or motor and the manner in which	34248
it was disposed of, and that all requirements of this section have	34249
been complied with. The sheriff or chief shall retain the original	34250
of the affidavit for ~~his~~the sheriff's or chief's records and	34251
shall furnish two copies to the marine salvage dealer or other	34252
facility. Upon presentation of a copy of the affidavit by the	34253
marine salvage dealer or other facility, the clerk of courts shall	34254
issue to such owner a salvage certificate of title, free and clear	34255
of all liens and encumbrances.	34256

Whenever the marine salvage dealer or other facility receives	34257
an affidavit for the disposal of a vessel or outboard motor as	34258
provided in this section, such owner shall not be required to	34259
obtain an Ohio certificate of title to the vessel or motor in ~~his~~	34260
the owner's own name if the vessel or motor is dismantled or	34261
destroyed and both copies of the affidavit are delivered to the	34262
clerk of courts. Upon receipt of such an affidavit, the clerk of	34263
courts shall send one copy of it to the chief of the division of	34264
watercraft.	34265

Sec. 1547.302. (A) Unclaimed vessels or outboard motors	34266
ordered into storage under division (B) of section 1547.30 or	34267
section 1547.301 of the Revised Code shall be disposed of at the	34268
order of the sheriff of the county, the chief of police of the	34269
municipal corporation, township, or township police district, or	34270
another chief of a law enforcement agency in any of the following	34271
ways:	34272

(1) To a marine salvage dealer;

34273

(2) To any other facility owned, operated, or under contract	34274
with the state or the county, municipal corporation, township, or	34275
other political subdivision;	34276

(3) To a charitable organization, religious organization, or	34277
similar organization not used and operated for profit;	34278

(4) By sale at public auction by the sheriff, the chief, or	34279
an auctioneer licensed under Chapter 4707. of the Revised Code,	34280
after giving notice of the auction by advertisement, published	34281
once a week for two consecutive weeks in a newspaper of general	34282
circulation in the county or as provided in section 7.16 of the	34283
Revised Code.	34284

(B) Any moneys accruing from the disposition of an unclaimed	34285
vessel or motor that are in excess of the expenses resulting from	34286
the removal and storage of the vessel or motor shall be credited	34287
to the general revenue fund or to the general fund of the county,	34288
municipal corporation, township, or other political subdivision,	34289
as appropriate.	34290

(C) As used in this section, "charitable organization" has	34291
the same meaning as in section 1716.01 of the Revised Code.	34292

Sec. 1547.303. (A) As used in this section and section	34293
1547.304 of the Revised Code:	34294

(1) "Abandoned junk vessel or outboard motor" means any	34295
vessel or outboard motor meeting all of the following	34296
requirements:	34297

(a) It has been left on private property for at least	34298
seventy-two hours without the permission of the person having the	34299
right to the possession of the property; left in a sunken,	34300
beached, or drifting condition for any period of time; or left in	34301
a docked condition, on a public street or other property open to	34302
the public, or upon or within the right-of-way of any waterway,	34303
road, or highway, for forty-eight hours or longer without	34304
notification to the sheriff of the county, the chief of police of	34305
the municipal corporation, township, or township police district,	34306
or joint police district, or other chief of a law enforcement	34307
agency, having territorial jurisdiction with respect to the	34308
location of the vessel or motor, of the reasons for leaving the	34309
vessel or motor in any such place or condition;	34310

(b) It is three years old, or older;

34311

(c) It is extensively damaged, such damage including but not	34312
limited to any of the following: missing deck, hull, transom,	34313
gunwales, motor, or outdrive;	34314

(d) It is apparently inoperable;

34315

(e) It has a fair market value of two hundred dollars or	34316
less.	34317

(2) "Law enforcement agency" means any organization or unit	34318
comprised of law enforcement officers, as defined in section	34319
2901.01 of the Revised Code.	34320

(B) The sheriff of a county, chief of police of a municipal	34321
corporation, township, or township police district, or joint	34322
police district, or other chief of a law enforcement agency,	34323
within the sheriff's or chief's respective territorial	34324
jurisdiction, or a state highway patrol trooper, upon notification	34325
to the sheriff or chief of such action, shall order any abandoned	34326
junk vessel or outboard motor to be photographed by a law	34327
enforcement officer. The officer shall record the make of vessel	34328
or motor, the hull identification number or serial number when	34329
available, and shall also detail the damage or missing equipment	34330
to substantiate the value of two hundred dollars or less. The	34331
sheriff or chief shall thereupon immediately dispose of the	34332
abandoned junk vessel or outboard motor to a marine salvage dealer	34333
or other facility owned, operated, or under contract to the state,	34334
the county, township, or municipal corporation for the destruction	34335
of such vessels or motors. The records and photographs relating to	34336
the abandoned junk vessel or outboard motor shall be retained by	34337
the law enforcement agency ordering the disposition of the vessel	34338
or motor for a period of at least two years. The law enforcement	34339
agency shall execute in quadruplicate an affidavit, as prescribed	34340
by the chief of the division of watercraft, describing the vessel	34341
or motor and the manner in which it was disposed of, and that all	34342
requirements of this section have been complied with, and shall	34343
sign and file the same with the clerk of courts of the county in	34344
which the vessel or motor was abandoned. The clerk of courts shall	34345
retain the original of the affidavit for the clerk's files, shall	34346
furnish one copy thereof to the chief of the division of	34347
watercraft, one copy to the marine salvage dealer or other	34348
facility handling the disposal of the vessel or motor, and one	34349
copy to the law enforcement agency ordering the disposal, who	34350
shall file such copy with the records and photographs relating to	34351
the disposal. Any moneys arising from the disposal of an abandoned	34352
junk vessel or outboard motor shall be credited to the general	34353
revenue fund, or to the general fund of the county, township,	34354
municipal corporation, or other political subdivision, as	34355
appropriate.	34356

Notwithstanding section 1547.301 of the Revised Code, any	34357
vessel or outboard motor meeting the requirements of divisions	34358
(A)(1)(c) to (e) of this section which has remained unclaimed by	34359
the owner or lienholder for a period of ten days or longer	34360
following notification as provided in section 1547.301 of the	34361
Revised Code may be disposed of as provided in this section.	34362

Sec. 1547.304. No person shall purposely leave an abandoned	34363
junk vessel or outboard motor on private property for more than	34364
seventy-two hours without the permission of the person having the	34365
right to the possession of the property; in a sunken, beached, or	34366
drifting condition for any period of time; or in a docked	34367
condition, on a public street or other property open to the	34368
public, or upon or within the right-of-way of any waterway, road,	34369
or highway, for forty-eight hours or longer without notification	34370
to the sheriff of the county, chief of police of the municipal	34371
corporation, township, or township police district, or joint	34372
police district, or other chief of a law enforcement agency,	34373
having territorial jurisdiction with respect to the location of	34374
the vessel or motor, of the reasons for leaving the vessel or	34375
motor in any such place or condition.	34376

For purposes of this section, the fact that an abandoned junk	34377
vessel or outboard motor has been so left without permission or	34378
notification is prima-facie evidence of abandonment.	34379

Nothing in sections 1547.30, 1547.301, and 1547.303 of the	34380
Revised Code invalidates the provisions of any ordinance of a	34381
municipal corporation regulating or prohibiting the abandonment of	34382
vessels or outboard motors on waterways, beaches, docks, streets,	34383
highways, public property, or private property within the	34384
boundaries of the municipal corporation.	34385

Sec. 1551.311. The general assembly hereby finds and	34386
declares that the future of the Ohio coal industry lies in the	34387
development of clean coal technology and that the disproportionate	34388
economic impact on the state under Title IV of the "Clean Air Act	34389
Amendments of 1990," 104 Stat. 2584, 42 U.S.C.A. 7651, warrants	34390
maximum federal assistance to this state for such development. It	34391
is therefore imperative that the ~~Ohio air quality~~department of	34392
development ~~authority created under Chapter 3706. of the Revised~~	34393
~~Code~~, its Ohio coal development office, the Ohio coal industry,	34394
the Ohio Washington office in the office of the governor, and the	34395
state's congressional delegation make every effort to acquire any	34396
federal assistance available for the development of clean coal	34397
technology, including assisting entities eligible for grants in	34398
their acquisition. The Ohio coal development agenda required by	34399
section 1551.34 of the Revised Code shall include, in addition to	34400
the other information required by that section, a description of	34401
such efforts and a description of the current status of the	34402
development of clean coal technology in this state and elsewhere.	34403

Sec. 1551.32. (A) There is hereby established within the	34404
~~Ohio air quality~~department of development ~~authority~~ the Ohio coal	34405
development office whose purposes are to do all of the following:	34406

(1) Encourage, promote, and support siting, financing,	34407
construction, and operation of commercially available or scaled	34408
facilities and technologies, including, without limitation,	34409
commercial-scale demonstration facilities and, when necessary or	34410
appropriate to demonstrate the commercial acceptability of a	34411
specific technology, up to three installations within this state	34412
utilizing the specific technology, to more efficiently produce,	34413
beneficiate, market, or use Ohio coal;	34414

(2) Encourage, promote, and support the market acceptance and	34415
increased market use of Ohio coal through technology and market	34416
development;	34417

(3) Assist in the financing of coal development facilities;

34418

(4) Encourage, promote, and support, in state-owned	34419
buildings, facilities, and operations, use of Ohio coal and	34420
electricity sold by utilities and others in this state that use	34421
Ohio coal for generation;	34422

(5) Improve environmental quality, particularly through	34423
cleaner use of Ohio coal;	34424

(6) Assist and cooperate with governmental agencies,	34425
universities and colleges, coal producers, coal miners, electric	34426
utilities and other coal users, public and private sector coal	34427
development interests, and others in achieving these purposes.	34428

(B) The office shall give priority to improvement or	34429
reconstruction of existing facilities and equipment when	34430
economically feasible, to construction and operation of	34431
commercial-scale facilities, and to technologies, equipment, and	34432
other techniques that enable maximum use of Ohio coal in an	34433
environmentally acceptable, cost-effective manner.	34434

Sec. 1551.33. (A) The ~~Ohio air quality~~director of	34435
development ~~authority, by the affirmative vote of a majority of~~	34436
~~its members,~~ shall appoint and fix the compensation of the	34437
director of the Ohio coal development office. The director shall	34438
serve at the pleasure of the ~~authority~~director of development.	34439

(B) The director of the office shall do all of the following:

34440

(1) Biennially prepare and maintain the Ohio coal development	34441
agenda required under section 1551.34 of the Revised Code;	34442

(2) Propose and support policies for the office consistent	34443
with the Ohio coal development agenda and develop means to	34444
implement the agenda;	34445

(3) Initiate, undertake, and support projects to carry out	34446
the office's purposes and ensure that the projects are consistent	34447
with and meet the selection criteria established by the Ohio coal	34448
development agenda;	34449

(4) Actively encourage joint participation in and, when	34450
feasible, joint funding of the office's projects with governmental	34451
agencies, electric utilities, universities and colleges, other	34452
public or private interests, or any other person;	34453

(5) Establish a table of organization for and employ such	34454
employees and agents as are necessary for the administration and	34455
operation of the office. Any such employees shall be in the	34456
unclassified service and shall serve at the pleasure of the	34457
~~authority~~director of development.	34458

(6) Appoint specified members of and convene the technical	34459
advisory committee established under section 1551.35 of the	34460
Revised Code;	34461

(7) Review, with the assistance of the technical advisory	34462
committee, proposed coal research and development projects as	34463
defined in section 1555.01 of the Revised Code, and coal	34464
development projects, submitted to the office by public utilities	34465
for the purpose of section 4905.304 of the Revised Code. If the	34466
director and the advisory committee determine that any such	34467
facility or project has as its purpose the enhanced use of Ohio	34468
coal in an environmentally acceptable, cost effective manner,	34469
promotes energy conservation, is cost effective, and is	34470
environmentally sound, the director shall submit to the public	34471
utilities commission a report recommending that the commission	34472
allow the recovery of costs associated with the facility or	34473
project under section 4905.304 of the Revised Code and including	34474
the reasons for the recommendation.	34475

(8) Establish such policies, procedures, and guidelines as	34476
are necessary to achieve the office's purposes.	34477

(C) ~~By the affirmative vote of a majority of the members of~~	34478
~~the Ohio air quality development authority, the~~The director of	34479
the office may exercise any of the powers and duties ~~of the~~	34480
~~director of development as the authority and~~that the director of	34481
the office ~~consider~~considers appropriate or desirable to achieve	34482
the office's purposes, including, but not limited to, the powers	34483
and duties enumerated in sections 1551.11, 1551.12, ~~1551.13,~~ and	34484
1551.15 of the Revised Code.	34485

Additionally, the director of the office may make loans to	34486
governmental agencies or persons for projects to carry out the	34487
office's purposes. Fees, charges, rates of interest, times of	34488
payment of interest and principal, and other terms, conditions,	34489
and provisions of the loans shall be such as the director of the	34490
office determines to be appropriate and in furtherance of the	34491
purposes for which the loans are made. The mortgage lien securing	34492
any moneys lent by the director of the office may be subordinate	34493
to the mortgage lien securing any moneys lent or invested by a	34494
financial institution, but shall be superior to that securing any	34495
moneys lent or expended by any other person. The moneys used in	34496
making the loans shall be disbursed upon order of the director of	34497
the office.	34498

Sec. 1551.35. (A) There is hereby established a technical	34499
advisory committee to assist the director of the Ohio coal	34500
development office in achieving the office's purposes. The	34501
director shall appoint to the committee one member of the public	34502
utilities commission and one representative each of coal	34503
production companies, the united mine workers of America, electric	34504
utilities, manufacturers that use Ohio coal, and environmental	34505
organizations, as well as two people with a background in coal	34506
research and development technology, one of whom is employed at	34507
the time of the member's appointment by a state university, as	34508
defined in section 3345.011 of the Revised Code. In addition, the	34509
committee shall include four legislative members. The speaker and	34510
minority leader of the house of representatives each shall appoint	34511
one member of the house of representatives, and the president and	34512
minority leader of the senate each shall appoint one member of the	34513
senate, to the committee. The director of environmental protection	34514
~~and the director of development~~ shall serve on the committee as an	34515
ex officio ~~members~~member. Any member of the committee may	34516
designate in writing a substitute to serve in the member's absence	34517
on the committee. The director of environmental protection may	34518
designate in writing the chief of the air pollution control	34519
division of the agency to represent the agency. Members shall	34520
serve on the committee at the pleasure of their appointing	34521
authority. Members of the committee appointed by the director of	34522
the office and, notwithstanding section 101.26 of the Revised	34523
Code, legislative members of the committee, when engaged in their	34524
official duties as members of the committee, shall be compensated	34525
on a per diem basis in accordance with division (J) of section	34526
124.15 of the Revised Code, except that the member of the public	34527
utilities commission and, while employed by a state university,	34528
the member with a background in coal research, shall not be so	34529
compensated. Members shall receive their actual and necessary	34530
expenses incurred in the performance of their duties.	34531

(B) The technical advisory committee shall review and make	34532
recommendations concerning the Ohio coal development agenda	34533
required under section 1551.34 of the Revised Code, project	34534
proposals, research and development projects submitted to the	34535
office by public utilities for the purpose of section 4905.304 of	34536
the Revised Code, proposals for grants, loans, and loan guarantees	34537
for purposes of sections 1555.01 to 1555.06 of the Revised Code,	34538
and such other topics as the director of the office considers	34539
appropriate.	34540

(C) The technical advisory committee may hold an executive	34541
session at any regular or special meeting for the purpose of	34542
considering research and development project proposals or	34543
applications for assistance submitted to the Ohio coal development	34544
office under section 1551.33, or sections 1555.01 to 1555.06, of	34545
the Revised Code, to the extent that the proposals or applications	34546
consist of trade secrets or other proprietary information.	34547

Any materials or data submitted to, made available to, or	34548
received by the ~~Ohio air quality~~department of development	34549
~~authority~~ or the director of the Ohio coal development office in	34550
connection with agreements for assistance entered into under this	34551
chapter or Chapter 1555. of the Revised Code, or any information	34552
taken from those materials or data for any purpose, to the extent	34553
that the materials or data consist of trade secrets or other	34554
proprietary information, are not public records for the purposes	34555
of section 149.43 of the Revised Code.	34556

As used in this division, "trade secrets" has the same	34557
meaning as in section 1333.61 of the Revised Code.	34558

Sec. 1555.02. It is hereby declared to be the public policy	34559
of this state through the operations of the Ohio coal development	34560
office under this chapter to contribute toward one or more of the	34561
following: to provide for the comfort, health, safety, and general	34562
welfare of all employees and other inhabitants of this state	34563
through research and development directed toward the discovery of	34564
new technologies or the demonstration or application of existing	34565
technologies to enable the conversion or use of Ohio coal as a	34566
fuel or chemical feedstock in an environmentally acceptable manner	34567
thereby enhancing the marketability and fostering the use of this	34568
state's vast reserves of coal, to assist in the financing of coal	34569
research and development and coal research and development	34570
projects or facilities for persons doing business in this state	34571
and educational and scientific institutions located in this state,	34572
to create or preserve jobs and employment opportunities or improve	34573
the economic welfare of the people of this state, or to assist and	34574
cooperate with such persons and educational and scientific	34575
institutions in conducting coal research and development. In	34576
furtherance of this public policy, the Ohio coal development	34577
office, with the advice of the technical advisory committee	34578
created in section 1551.35 of the Revised Code ~~and the affirmative~~	34579
~~vote of a majority of the members of the Ohio air quality~~	34580
~~development authority~~, may make loans, guarantee loans, and make	34581
grants to persons doing business in this state or to educational	34582
or scientific institutions located in this state for coal research	34583
and development projects by such persons or educational or	34584
scientific institutions; may, with the advice of the technical	34585
advisory committee ~~and the affirmative vote of a majority of the~~	34586
~~members of the Ohio air quality development authority~~, request the	34587
issuance of coal research and development general obligations	34588
under section 151.07 of the Revised Code to provide funds for	34589
making such loans, loan guarantees, and grants; and may, with the	34590
advice of the technical advisory committee ~~and the affirmative~~	34591
~~vote of a majority of the members of the Ohio air quality~~	34592
~~development authority~~, expend moneys credited to the coal research	34593
and development fund created in section 1555.15 of the Revised	34594
Code for the purpose of making such loans, loan guarantees, and	34595
grants. Determinations by the director of the Ohio coal	34596
development office that coal research and development or a coal	34597
research and development facility is a coal research and	34598
development project under this chapter and is consistent with the	34599
purposes of Section 15 of Article VIII, Ohio Constitution, and	34600
this chapter shall be conclusive as to the validity and	34601
enforceability of the coal research and development general	34602
obligations issued to finance such project and of the	34603
authorizations, trust agreements or indentures, loan agreements,	34604
loan guarantee agreements, or grant agreements, and other	34605
agreements made in connection therewith, all in accordance with	34606
their terms.	34607

Sec. 1555.03. For the purposes of this chapter, the director	34608
of the Ohio coal development office may:	34609

(A) With the advice of the technical advisory committee	34610
created in section 1551.35 of the Revised Code ~~and the affirmative~~	34611
~~vote of a majority of the members of the Ohio air quality~~	34612
~~development authority~~, make loans, guarantee loans, and make	34613
grants to persons doing business in this state or to educational	34614
or scientific institutions located in this state for coal research	34615
and development projects by any such person or educational or	34616
scientific institution and adopt rules under Chapter 119. of the	34617
Revised Code for making such loans, guarantees, and grants.	34618

(B) In making loans, loan guarantees, and grants under	34619
division (A) of this section and section 1555.04 of the Revised	34620
Code, the director of the office shall ensure that an adequate	34621
portion of the total amount of those loans, loan guarantees, and	34622
grants, as determined by the director with the advice of the	34623
technical advisory committee, is used for conducting research on	34624
fundamental scientific problems related to the utilization of Ohio	34625
coal and shall ensure, to the maximum feasible extent, joint	34626
financial participation by the federal government or other	34627
investors or interested parties in conjunction with any such loan,	34628
loan guarantee, or grant. The director, in each grant agreement or	34629
contract under division (A) of this section, loan contract or	34630
agreement under this division or section 1555.04 of the Revised	34631
Code, and contract of guarantee under section 1555.05 of the	34632
Revised Code, shall require that the facility or project be	34633
maintained and kept in good condition and repair by the person or	34634
educational or scientific institution to whom the grant or loan	34635
was made or for whom the guarantee was made.	34636

(C) From time to time, with the advice of the technical	34637
advisory committee ~~and the affirmative vote of a majority of the~~	34638
~~members of the Ohio air quality development authority~~, request the	34639
issuance of coal research and development general obligations	34640
under section 151.07 of the Revised Code, for any of the purposes	34641
set forth in Section 15 of Article VIII, Ohio Constitution, and	34642
subject to the limitations therein upon the aggregate total amount	34643
of obligations that may be outstanding at any time.	34644

(D) Include as a condition of any loan, loan guarantee, or	34645
grant contract or agreement with any such person or educational or	34646
scientific institution that the director of the office receive, in	34647
addition to payments of principal and interest on any such loan or	34648
service charges for any such guarantee, as appropriate, as	34649
authorized by Section 15, Article VIII, Ohio Constitution, a	34650
reasonable royalty or portion of the income or profits arising out	34651
of the developments, discoveries, or inventions, including patents	34652
or copyrights, that result in whole or in part from coal research	34653
and development projects conducted under any such contract or	34654
agreement, in such amounts and for such period of years as may be	34655
negotiated and provided by the contract or agreement in advance of	34656
the making of the grant, loan, or loan guarantee. Moneys received	34657
by the director of the office under this section may be credited	34658
to the coal research and development bond service fund or used to	34659
make additional loans, loan guarantees, grants, or agreements	34660
under this section.	34661

(E) Employ managers, superintendents, and other employees and	34662
retain or contract with consulting engineers, financial	34663
consultants, accounting experts, architects, and such other	34664
consultants and independent contractors as are necessary in the	34665
judgment of the director of the office to carry out this chapter,	34666
and fix the compensation thereof.	34667

(F) Receive and accept from any federal agency, subject to	34668
the approval of the governor, grants for or in aid of the	34669
construction or operation of any coal research and development	34670
project or for coal research and development, and receive and	34671
accept aid or contributions from any source of money, property,	34672
labor, or other things of value, to be held, used, and applied	34673
only for the purposes for which such grants and contributions are	34674
made.	34675

(G) Purchase fire and extended coverage and liability	34676
insurance for any coal research and development project, insurance	34677
protecting the office and its officers and employees against	34678
liability for damage to property or injury to or death of persons	34679
arising from its operations, and any other insurance the director	34680
of the office determines necessary or proper under this chapter.	34681
Any moneys received by the director from the proceeds of any such	34682
insurance with respect to a coal research and development project	34683
and any moneys received by the director from the proceeds of any	34684
settlement, judgment, foreclosure, or other insurance with respect	34685
to a coal research and development project or facility shall be	34686
credited to the coal research and development bond service fund.	34687

(H) In the exercise of the powers of the director of the	34688
office under this chapter, call to the director's assistance,	34689
temporarily, from time to time, any engineers, technical experts,	34690
financial experts, and other employees in any state department,	34691
agency, or commission, or in the Ohio state university, or other	34692
educational institutions financed wholly or partially by this	34693
state for purposes of assisting the director of the office with	34694
reviewing and evaluating applications for financial assistance	34695
under this chapter, monitoring performance of coal research and	34696
development projects receiving financial assistance under this	34697
chapter, and reviewing and evaluating the progress and findings of	34698
those projects. Such engineers, experts, and employees shall not	34699
receive any additional compensation over that which they receive	34700
from the department, agency, commission, or educational	34701
institution by which they are employed, but they shall be	34702
reimbursed for their actual and necessary expenses incurred while	34703
working under the direction of the director.	34704

(I) Do all acts necessary or proper to carry out the powers	34705
expressly granted in this chapter.	34706

Sec. 1555.04. (A) With respect to coal research and	34707
development projects financed wholly or partially from a loan or	34708
loan guarantee under this chapter, the director of the Ohio coal	34709
development office, in addition to other powers under this	34710
chapter, with the advice of the technical advisory committee	34711
created in section 1551.35 of the Revised Code ~~and the affirmative~~	34712
~~vote of a majority of the members of the Ohio air quality~~	34713
~~development authority~~, may enter into loan agreements, accept	34714
notes and other forms of obligation to evidence such indebtedness	34715
and mortgages, liens, pledges, assignments, or other security	34716
interests to secure such indebtedness, which may be prior or	34717
subordinate to or on a parity with other indebtedness,	34718
obligations, mortgages, pledges, assignments, other security	34719
interests, or liens or encumbrances, and take such actions as the	34720
director of the office considers appropriate to protect such	34721
security and safeguard against losses, including, without	34722
limitation, foreclosure and the bidding upon and purchase of	34723
property upon foreclosure or other sale.	34724

(B) The authority granted by this section is cumulative and	34725
supplementary to all other authority granted in this chapter. The	34726
authority granted by this section does not alter or impair any	34727
similar authority granted elsewhere in this chapter with respect	34728
to other projects.	34729

Sec. 1555.05. (A) Subject to any limitations as to aggregate	34730
amounts thereof that may from time to time be prescribed by the	34731
general assembly and to other applicable provisions of this	34732
chapter, and subject to the one-hundred-million-dollar limitation	34733
provided in Section 15 of Article VIII, Ohio Constitution, the	34734
director of the Ohio coal development office, on behalf of this	34735
state, with the advice of the technical advisory committee created	34736
in section 1551.35 of the Revised Code ~~and the affirmative vote of~~	34737
~~a majority of the members of the Ohio air quality development~~	34738
~~authority~~, may enter into contracts to guarantee the repayment or	34739
payment of the unpaid principal amount of loans made to pay the	34740
costs of coal research and development projects.	34741

(B) The contract of guarantee may make provision for the	34742
conditions of, time for, and manner of fulfillment of the	34743
guarantee commitment, subrogation of this state to the rights of	34744
the parties guaranteed and exercise of such parties' rights by the	34745
state, giving the state the option of making payment of the	34746
principal amount guaranteed in one or more installments and, if	34747
deferred, to pay interest thereon from the source specified in	34748
division (A) of this section, and any other terms or conditions	34749
customary to such guarantees and as the director of the office may	34750
approve, and may contain provisions for securing the guarantee in	34751
the manner consistent with this section, covenants on behalf of	34752
this state to issue obligations under section 1555.08 of the	34753
Revised Code to provide moneys to fulfill such guarantees and	34754
covenants, and covenants restricting the aggregate amount of	34755
guarantees that may be contracted under this section and	34756
obligations that may be issued under section 151.07 of the Revised	34757
Code, and terms pertinent to either, to better secure the parties	34758
guaranteed.	34759

(C) The director of the office may fix service charges for	34760
making a guarantee. Such charges shall be payable at such times	34761
and place and in such amounts and manner as may be prescribed by	34762
the director. Moneys received from such charges shall be credited	34763
to the coal research and development bond service fund.	34764

(D) Any guaranteed parties under this section, by any	34765
suitable form of legal proceedings and except to the extent that	34766
their rights are restricted by the guarantee documents, may	34767
protect and enforce any rights under the laws of this state or	34768
granted by such guarantee or guarantee documents. Such rights	34769
include the right to compel the performance of all duties of the	34770
office required by this section or the guarantee or guarantee	34771
documents; and in the event of default with respect to the payment	34772
of any guarantees, to apply to a court having jurisdiction of the	34773
cause to appoint a receiver to receive and administer the moneys	34774
pledged to such guarantee with full power to pay, and to provide	34775
for payment of, such guarantee, and with such powers, subject to	34776
the direction of the court, as are accorded receivers in general	34777
equity cases, excluding any power to pledge or apply additional	34778
revenues or receipts or other income or moneys of this state. Each	34779
duty of the office and its director and employees required or	34780
undertaken under this section or a guarantee made under this	34781
section is hereby established as a duty of the office and of its	34782
director and each such employee having authority to perform such	34783
duty, specifically enjoined by the law resulting from an office,	34784
trust, or station within the meaning of section 2731.01 of the	34785
Revised Code. The persons who are at the time the director of the	34786
office, or its employees, are not liable in their personal	34787
capacities on any guarantees or contracts to make guarantees by	34788
the director.	34789

Sec. 1555.06. Upon application by the director of the Ohio	34790
coal development office ~~with the affirmative vote of a majority of~~	34791
~~the members of the Ohio air quality development authority~~, the	34792
controlling board, from appropriations available to the board, may	34793
provide funds for surveys or studies by the office of any proposed	34794
coal research and development project subject to repayment by the	34795
office from funds available to it, within the time fixed by the	34796
board. Funds to be repaid shall be charged by the office to the	34797
appropriate coal research and development project and the amount	34798
thereof shall be a cost of the project. This section does not	34799
abrogate the authority of the controlling board to otherwise	34800
provide funds for use by the office in the exercise of the powers	34801
granted to it by this chapter.	34802

Sec. 1555.08. (A) Subject to the limitations provided in	34803
Section 15 of Article VIII, Ohio Constitution, the commissioners	34804
of the sinking fund, upon certification by the director of the	34805
Ohio coal development office of the amount of moneys or additional	34806
moneys needed in the coal research and development fund for the	34807
purpose of making grants or loans for allowable costs, or needed	34808
for capitalized interest, for funding reserves, and for paying	34809
costs and expenses incurred in connection with the issuance,	34810
carrying, securing, paying, redeeming, or retirement of the	34811
obligations or any obligations refunded thereby, including payment	34812
of costs and expenses relating to letters of credit, lines of	34813
credit, insurance, put agreements, standby purchase agreements,	34814
indexing, marketing, remarketing and administrative arrangements,	34815
interest swap or hedging agreements, and any other credit	34816
enhancement, liquidity, remarketing, renewal, or refunding	34817
arrangements, all of which are authorized by this section, or	34818
providing moneys for loan guarantees, shall issue obligations of	34819
the state under this section in amounts authorized by the general	34820
assembly; provided that such obligations may be issued to the	34821
extent necessary to satisfy the covenants in contracts of	34822
guarantee made under section 1555.05 of the Revised Code to issue	34823
obligations to meet such guarantees, notwithstanding limitations	34824
otherwise applicable to the issuance of obligations under this	34825
section except the one-hundred-million-dollar limitation provided	34826
in Section 15 of Article VIII, Ohio Constitution. The proceeds of	34827
such obligations, except for the portion to be deposited in the	34828
coal research and development bond service fund as may be provided	34829
in the bond proceedings, shall as provided in the bond proceedings	34830
be deposited in the coal research and development fund. The	34831
commissioners of the sinking fund may appoint trustees, paying	34832
agents, and transfer agents and may retain the services of	34833
financial advisors, accounting experts, and attorneys, and retain	34834
or contract for the services of marketing, remarketing, indexing,	34835
and administrative agents, other consultants, and independent	34836
contractors, including printing services, as are necessary in	34837
their judgment to carry out this section.	34838

(B) The full faith and credit of the state of Ohio is hereby	34839
pledged to obligations issued under this section. The right of the	34840
holders and owners to payment of bond service charges is limited	34841
to all or that portion of the moneys pledged thereto pursuant to	34842
the bond proceedings in accordance with this section, and each	34843
such obligation shall bear on its face a statement to that effect.	34844

(C) Obligations shall be authorized by resolution of the	34845
commissioners of the sinking fund on request of the director of	34846
the Ohio coal development office as provided in section 1555.02 of	34847
the Revised Code and the bond proceedings shall provide for the	34848
purpose thereof and the principal amount or amounts, and shall	34849
provide for or authorize the manner or agency for determining the	34850
principal maturity or maturities, not exceeding forty years from	34851
the date of issuance, the interest rate or rates or the maximum	34852
interest rate, the date of the obligations and the dates of	34853
payment of interest thereon, their denomination, and the	34854
establishment within or without the state of a place or places of	34855
payment of bond service charges. Sections 9.98 to 9.983 of the	34856
Revised Code apply to obligations issued under this section. The	34857
purpose of such obligations may be stated in the bond proceedings	34858
in terms describing the general purpose or purposes to be served.	34859
The bond proceedings shall also provide, subject to the provisions	34860
of any other applicable bond proceedings, for the pledge of all,	34861
or such part as the commissioners of the sinking fund may	34862
determine, of the moneys credited to the coal research and	34863
development bond service fund to the payment of bond service	34864
charges, which pledges may be made either prior or subordinate to	34865
other expenses, claims, or payments and may be made to secure the	34866
obligations on a parity with obligations theretofore or thereafter	34867
issued, if and to the extent provided in the bond proceedings. The	34868
moneys so pledged and thereafter received by the state are	34869
immediately subject to the lien of such pledge without any	34870
physical delivery thereof or further act, and the lien of any such	34871
pledges is valid and binding against all parties having claims of	34872
any kind against the state or any governmental agency of the	34873
state, irrespective of whether such parties have notice thereof,	34874
and shall create a perfected security interest for all purposes of	34875
Chapter 1309. of the Revised Code, without the necessity for	34876
separation or delivery of funds or for the filing or recording of	34877
the bond proceedings by which such pledge is created or any	34878
certificate, statement, or other document with respect thereto;	34879
and the pledge of such moneys is effective and the money therefrom	34880
and thereof may be applied to the purposes for which pledged	34881
without necessity for any act of appropriation. Every pledge, and	34882
every covenant and agreement made with respect thereto, made in	34883
the bond proceedings may therein be extended to the benefit of the	34884
owners and holders of obligations authorized by this section, and	34885
to any trustee therefor, for the further security of the payment	34886
of the bond service charges.	34887

(D) The bond proceedings may contain additional provisions as	34888
to:	34889

(1) The redemption of obligations prior to maturity at the	34890
option of the commissioners of the sinking fund at such price or	34891
prices and under such terms and conditions as are provided in the	34892
bond proceedings;	34893

(2) Other terms of the obligations;

34894

(3) Limitations on the issuance of additional obligations;

34895

(4) The terms of any trust agreement or indenture securing	34896
the obligations or under which the obligations may be issued;	34897

(5) The deposit, investment, and application of the coal	34898
research and development bond service fund, and the safeguarding	34899
of moneys on hand or on deposit, without regard to Chapter 131. or	34900
135. of the Revised Code, but subject to any special provisions of	34901
this chapter, with respect to particular moneys; provided, that	34902
any bank or trust company which acts as depository of any moneys	34903
in the fund may furnish such indemnifying bonds or may pledge such	34904
securities as required by the commissioners of the sinking fund;	34905

(6) Any other provision of the bond proceedings being binding	34906
upon the commissioners of the sinking fund, or such other body or	34907
person as may from time to time have the authority under law to	34908
take such actions as may be necessary to perform all or any part	34909
of the duty required by such provision;	34910

(7) Any provision which may be made in a trust agreement or	34911
indenture;	34912

(8) Any other or additional agreements with the holders of	34913
the obligations, or the trustee therefor, relating to the	34914
obligations or the security therefor, including the assignment of	34915
mortgages or other security obtained or to be obtained for loans	34916
under this chapter.	34917

(E) The obligations may have the great seal of the state or a	34918
facsimile thereof affixed thereto or printed thereon. The	34919
obligations shall be signed by such members of the commissioners	34920
of the sinking fund as are designated in the resolution	34921
authorizing the obligations or bear the facsimile signatures of	34922
such members. Any coupons attached to the obligations shall bear	34923
the facsimile signature of the treasurer of state. Any obligations	34924
may be executed by the persons who, on the date of execution, are	34925
the commissioners although on the date of such bonds the persons	34926
were not the commissioners. Any coupons may be executed by the	34927
person who, on the date of execution, is the treasurer of state	34928
although on the date of such coupons the person was not the	34929
treasurer of state. In case any officer or commissioner whose	34930
signature or a facsimile of whose signature appears on any such	34931
obligations or any coupons ceases to be such officer or	34932
commissioner before delivery thereof, such signature or facsimile	34933
is nevertheless valid and sufficient for all purposes as if the	34934
individual had remained such officer or commissioner until such	34935
delivery; and in case the seal to be affixed to obligations has	34936
been changed after a facsimile of the seal has been imprinted on	34937
such obligations, such facsimile seal shall continue to be	34938
sufficient as to such obligations and obligations issued in	34939
substitution or exchange therefor.	34940

(F) All obligations except loan guarantees are negotiable	34941
instruments and securities under Chapter 1308. of the Revised	34942
Code, subject to the provisions of the bond proceedings as to	34943
registration. The obligations may be issued in coupon or in	34944
registered form, or both, as the commissioners of the sinking fund	34945
determine. Provision may be made for the registration of any	34946
obligations with coupons attached thereto as to principal alone or	34947
as to both principal and interest, their exchange for obligations	34948
so registered, and for the conversion or reconversion into	34949
obligations with coupons attached thereto of any obligations	34950
registered as to both principal and interest, and for reasonable	34951
charges for such registration, exchange, conversion, and	34952
reconversion.	34953

(G) Obligations may be sold at public sale or at private	34954
sale, as determined in the bond proceedings.	34955

(H) Pending preparation of definitive obligations, the	34956
commissioners of the sinking fund may issue interim receipts or	34957
certificates which shall be exchanged for such definitive	34958
obligations.	34959

(I) In the discretion of the commissioners of the sinking	34960
fund, obligations may be secured additionally by a trust agreement	34961
or indenture between the commissioners and a corporate trustee,	34962
which may be any trust company or bank having a place of business	34963
within the state. Any such agreement or indenture may contain the	34964
resolution authorizing the issuance of the obligations, any	34965
provisions that may be contained in any bond proceedings, and	34966
other provisions that are customary or appropriate in an agreement	34967
or indenture of such type, including, but not limited to:	34968

(1) Maintenance of each pledge, trust agreement, indenture,	34969
or other instrument comprising part of the bond proceedings until	34970
the state has fully paid the bond service charges on the	34971
obligations secured thereby, or provision therefor has been made;	34972

(2) In the event of default in any payments required to be	34973
made by the bond proceedings, or any other agreement of the	34974
commissioners of the sinking fund made as a part of the contract	34975
under which the obligations were issued, enforcement of such	34976
payments or agreement by mandamus, the appointment of a receiver,	34977
suit in equity, action at law, or any combination of the	34978
foregoing;	34979

(3) The rights and remedies of the holders of obligations and	34980
of the trustee, and provisions for protecting and enforcing them,	34981
including limitations on rights of individual holders of	34982
obligations;	34983

(4) The replacement of any obligations that become mutilated	34984
or are destroyed, lost, or stolen;	34985

(5) Such other provisions as the trustee and the	34986
commissioners of the sinking fund agree upon, including	34987
limitations, conditions, or qualifications relating to any of the	34988
foregoing.	34989

(J) Any holder of obligations or a trustee under the bond	34990
proceedings, except to the extent that the holder's rights are	34991
restricted by the bond proceedings, may by any suitable form of	34992
legal proceedings protect and enforce any rights under the laws of	34993
this state or granted by such bond proceedings. Such rights	34994
include the right to compel the performance of all duties of the	34995
commissioners of the sinking fund, the ~~Ohio air quality~~department	34996
of development ~~authority~~, or the Ohio coal development office	34997
required by this chapter and Chapter 1551. of the Revised Code or	34998
the bond proceedings; to enjoin unlawful activities; and in the	34999
event of default with respect to the payment of any bond service	35000
charges on any obligations or in the performance of any covenant	35001
or agreement on the part of the commissioners, the ~~authority~~	35002
department, or the office in the bond proceedings, to apply to a	35003
court having jurisdiction of the cause to appoint a receiver to	35004
receive and administer the moneys pledged, other than those in the	35005
custody of the treasurer of state, that are pledged to the payment	35006
of the bond service charges on such obligations or that are the	35007
subject of the covenant or agreement, with full power to pay, and	35008
to provide for payment of bond service charges on, such	35009
obligations, and with such powers, subject to the direction of the	35010
court, as are accorded receivers in general equity cases,	35011
excluding any power to pledge additional revenues or receipts or	35012
other income or moneys of the commissioners of the sinking fund or	35013
the state or governmental agencies of the state to the payment of	35014
such principal and interest and excluding the power to take	35015
possession of, mortgage, or cause the sale or otherwise dispose of	35016
any project.	35017

Each duty of the commissioners of the sinking fund and their	35018
employees, and of each governmental agency and its officers,	35019
members, or employees, undertaken pursuant to the bond proceedings	35020
or any grant, loan, or loan guarantee agreement made under	35021
authority of this chapter, and in every agreement by or with the	35022
commissioners, is hereby established as a duty of the	35023
commissioners, and of each such officer, member, or employee	35024
having authority to perform such duty, specifically enjoined by	35025
the law resulting from an office, trust, or station within the	35026
meaning of section 2731.01 of the Revised Code.	35027

The persons who are at the time the commissioners of the	35028
sinking fund, or their employees, are not liable in their personal	35029
capacities on any obligations issued by the commissioners or any	35030
agreements of or with the commissioners.	35031

(K) Obligations issued under this section are lawful	35032
investments for banks, societies for savings, savings and loan	35033
associations, deposit guarantee associations, trust companies,	35034
trustees, fiduciaries, insurance companies, including domestic for	35035
life and domestic not for life, trustees or other officers having	35036
charge of sinking and bond retirement or other special funds of	35037
political subdivisions and taxing districts of this state, the	35038
commissioners of the sinking fund of the state, the administrator	35039
of workers' compensation, the state teachers retirement system,	35040
the public employees retirement system, the school employees	35041
retirement system, and the Ohio police and fire pension fund,	35042
notwithstanding any other provisions of the Revised Code or rules	35043
adopted pursuant thereto by any governmental agency of the state	35044
with respect to investments by them, and are also acceptable as	35045
security for the deposit of public moneys.	35046

(L) If the law or the instrument creating a trust pursuant to	35047
division (I) of this section expressly permits investment in	35048
direct obligations of the United States or an agency of the United	35049
States, unless expressly prohibited by the instrument, such moneys	35050
also may be invested in no-front-end-load money market mutual	35051
funds consisting exclusively of obligations of the United States	35052
or an agency of the United States and in repurchase agreements,	35053
including those issued by the fiduciary itself, secured by	35054
obligations of the United States or an agency of the United	35055
States; and in collective investment funds established in	35056
accordance with section 1111.14 of the Revised Code and consisting	35057
exclusively of any such securities, notwithstanding division	35058
(A)(1)(c) of that section. The income from such investments shall	35059
be credited to such funds as the commissioners of the sinking fund	35060
determine, and such investments may be sold at such times as the	35061
commissioners determine or authorize.	35062

(M) Provision may be made in the applicable bond proceedings	35063
for the establishment of separate accounts in the bond service	35064
fund and for the application of such accounts only to the	35065
specified bond service charges on obligations pertinent to such	35066
accounts and bond service fund and for other accounts therein	35067
within the general purposes of such fund. Moneys to the credit of	35068
the bond service fund shall be disbursed on the order of the	35069
treasurer of state; provided, that no such order is required for	35070
the payment from the bond service fund when due of bond service	35071
charges on obligations.	35072

(N) The commissioners of the sinking fund may pledge all, or	35073
such portion as they determine, of the receipts of the bond	35074
service fund to the payment of bond service charges on obligations	35075
issued under this section, and for the establishment and	35076
maintenance of any reserves, as provided in the bond proceedings,	35077
and make other provisions therein with respect to pledged receipts	35078
as authorized by this chapter, which provisions control	35079
notwithstanding any other provisions of law pertaining thereto.	35080

(O) The commissioners of the sinking fund may covenant in the	35081
bond proceedings, and any such covenants control notwithstanding	35082
any other provision of law, that the state and applicable officers	35083
and governmental agencies of the state, including the general	35084
assembly, so long as any obligations are outstanding, shall:	35085

(1) Maintain statutory authority for and cause to be levied	35086
and collected taxes so that the pledged receipts are sufficient in	35087
amount to meet bond service charges, and the establishment and	35088
maintenance of any reserves and other requirements provided for in	35089
the bond proceedings, and, as necessary, to meet covenants	35090
contained in any loan guarantees made under this chapter;	35091

(2) Take or permit no action, by statute or otherwise, that	35092
would impair the exemption from federal income taxation of the	35093
interest on the obligations.	35094

(P) All moneys received by or on account of the state and	35095
required by the applicable bond proceedings, consistent with this	35096
section, to be deposited, transferred, or credited to the coal	35097
research and development bond service fund, and all other moneys	35098
transferred or allocated to or received for the purposes of the	35099
fund, shall be credited to such fund and to any separate accounts	35100
therein, subject to applicable provisions of the bond proceedings,	35101
but without necessity for any act of appropriation. During the	35102
period beginning with the date of the first issuance of	35103
obligations and continuing during such time as any such	35104
obligations are outstanding, and so long as moneys in the bond	35105
service fund are insufficient to pay all bond service charges on	35106
such obligations becoming due in each year, a sufficient amount of	35107
moneys of the state are committed and shall be paid to the bond	35108
service fund in each year for the purpose of paying the bond	35109
service charges becoming due in that year without necessity for	35110
further act of appropriation for such purpose. The bond service	35111
fund is a trust fund and is hereby pledged to the payment of bond	35112
service charges to the extent provided in the applicable bond	35113
proceedings, and payment thereof from such fund shall be made or	35114
provided for by the treasurer of state in accordance with such	35115
bond proceedings without necessity for any act of appropriation.	35116
All investment earnings of the fund shall be credited to the fund.	35117

(Q) For purposes of establishing the limitations contained in	35118
Section 15 of Article VIII, Ohio Constitution, the "principal	35119
amount" refers to the aggregate of the offering price of the bonds	35120
or notes. "Principal amount" does not refer to the aggregate value	35121
at maturity or redemption of the bonds or notes.	35122

(R) This section applies only with respect to obligations	35123
issued and delivered prior to September 30, 2000.	35124

Sec. 1555.17. All final actions of the director of the Ohio	35125
coal development office shall be journalized and such journal	35126
shall be open to inspection of the public at all reasonable times.	35127
Any materials or data, to the extent that they consist of trade	35128
secrets, as defined in section 1333.61 of the Revised Code, or	35129
other proprietary information, that are submitted or made	35130
available to, or received by, the ~~Ohio air quality~~department of	35131
development ~~authority~~ or the director of the Ohio coal development	35132
office, in connection with agreements for assistance entered into	35133
under this chapter or Chapter 1551. of the Revised Code, or any	35134
information taken from those materials or data, are not public	35135
records for the purposes of section 149.43 of the Revised Code.	35136

Sec. 1561.06. The chief of the division of mineral resources	35137
management shall designate the townships in which mineable or	35138
quarryable coal or other mineral is or may be mined or quarried,	35139
which townships shall be considered coal or mineral bearing	35140
townships. The chief shall divide the coal or other mineral	35141
bearing townships into such districts as the chief deems best for	35142
inspection purposes, and the chief may change such districts	35143
whenever, in the chief's judgment, the best interests of the	35144
service require.	35145

The chief shall designate as provided in this section as coal	35146
or mineral bearing townships those townships in which coal is	35147
being mined or in which coal is found in such thickness as to make	35148
the mining of ~~such~~the coal or mineral probable at some future	35149
time, and shall designate ~~such~~the township as a unit. As used in	35150
this chapter and Chapters 1563., 1565., and 1567. of the Revised	35151
Code, "coal or mineral bearing township" means a township that has	35152
been so designated by the chief under this section.	35153

The chief shall also designate the townships in which coal is	35154
being mined or in which coal is found in such thickness as to make	35155
the mining of ~~such~~the coal probable at some future time as "coal	35156
bearing townships" as ~~such~~that term is used in Chapter 1509. of	35157
the Revised Code. The chief shall certify to the chief of the	35158
division of oil and gas resources management the townships that	35159
are designated as coal bearing townships.	35160

Sec. 1561.12. An applicant for any examination or	35161
certificate under this section shall, before being examined,	35162
register the applicant's name with the chief of the division of	35163
mineral resources management and file with the chief an affidavit	35164
as to all matters of fact establishing the applicant's right to	35165
receive the examination, a certificate of good character and	35166
temperate habits signed by at least three reputable citizens of	35167
the community in which the applicant resides, and a certificate	35168
from a reputable and disinterested physician as to the physical	35169
condition of ~~such~~the applicant showing that the applicant is	35170
physically capable of performing the duties of the office or	35171
position.	35172

Each applicant for examination for any of the following	35173
positions shall present evidence satisfactory to the chief that	35174
the applicant has been a resident and citizen of this state for	35175
two years next preceding the date of application:	35176

(A) An applicant for the position of deputy mine inspector of	35177
underground mines shall have had actual practical experience of	35178
not less than six years, at least two of which shall have been in	35179
the underground workings of mines in this state. In the case of an	35180
applicant who would inspect underground coal mines, the two years	35181
shall consist of actual practical experience in underground coal	35182
mines. In the case of an applicant who would inspect noncoal	35183
mines, the two years shall consist of actual practical experience	35184
in noncoal mines. In lieu of two years of the actual practical	35185
experience required, the chief may accept as the equivalent	35186
thereof a certificate evidencing graduation from an accredited	35187
school of mines or mining, after a four-year course of study, but	35188
such credit shall not apply as to the two years' actual practical	35189
experience required in the mines in this state.	35190

The applicant shall pass an examination as to the applicant's	35191
practical and technological knowledge of mine surveying, mining	35192
machinery, and appliances; the proper development and operation of	35193
mines; the best methods of working and ventilating mines; the	35194
nature, properties, and powers of noxious, poisonous, and	35195
explosive gases, particularly methane; the best means and methods	35196
of detecting, preventing, and removing the accumulation of such	35197
gases; the use and operation of gas detecting devices and	35198
appliances; first aid to the injured; and the uses and dangers of	35199
electricity as applied and used in, at, and around mines. ~~Such~~The	35200
applicant shall also hold a certificate for foreperson of gaseous	35201
mines issued by the chief.	35202

(B) An applicant for the position of deputy mine inspector of	35203
surface mines shall have had actual practical mining experience of	35204
not less than six years, at least two of which shall have been in	35205
surface mines in this state. In lieu of two years of the actual	35206
practical experience required, the chief may accept as the	35207
equivalent thereof a certificate evidencing graduation from an	35208
accredited school of mines or mining, after a four-year course of	35209
study, but that credit shall not apply as to the two years' actual	35210
practical experience required in the mines in this state. The	35211
applicant shall pass an examination as to the applicant's	35212
practical and technological knowledge of surface mine surveying,	35213
machinery, and appliances; the proper development and operations	35214
of surface mines; first aid to the injured; and the use and	35215
dangers of explosives and electricity as applied and used in, at,	35216
and around surface mines. The applicant shall also hold a surface	35217
mine foreperson certificate issued by the chief.	35218

(C) An applicant for the position of electrical inspector	35219
shall have had at least five years' practical experience in the	35220
installation and maintenance of electrical circuits and equipment	35221
in mines, and the applicant shall be thoroughly familiar with the	35222
principles underlying the safety features of permissible and	35223
approved equipment as authorized and used in mines.	35224

The applicant shall be required to pass the examination	35225
required for deputy mine inspectors and an examination testing and	35226
determining the applicant's qualification and ability to	35227
competently inspect and administer the mining law that relates to	35228
electricity used in and around mines and mining in this state.	35229

(D) An applicant for the position of superintendent or	35230
assistant superintendent of rescue stations shall possess the same	35231
qualifications as those required for a deputy mine inspector. In	35232
addition, the applicant shall present evidence satisfactory to the	35233
chief that the applicant is sufficiently qualified and trained to	35234
organize, supervise, and conduct group training classes in first	35235
aid, safety, and rescue work.	35236

The applicant shall pass the examination required for deputy	35237
mine inspectors and shall be tested as to the applicant's	35238
practical and technological experience and training in first aid,	35239
safety, and mine rescue work.	35240

(E) An applicant for the position of mine chemist shall have	35241
such educational training as is represented by the degree MS in	35242
chemistry from a university of recognized standing, and at least	35243
five years of actual practical experience in research work in	35244
chemistry or as an assistant chemist. The chief may provide that	35245
an equivalent combination of education and experience together	35246
with a wide knowledge of the methods of and skill in chemical	35247
analysis and research may be accepted in lieu of the above	35248
qualifications. It is preferred that ~~such~~the chemist shall have	35249
had actual experience in mineralogy and metallurgy.	35250

~~(F) An applicant for the position of gas storage well~~	35251
~~inspector shall possess the same qualifications as an applicant~~	35252
~~for the position of deputy mine inspector and shall have a~~	35253
~~practical knowledge and experience of and in the operation,~~	35254
~~location, drilling, maintenance, and abandonment of oil and gas~~	35255
~~wells, especially in coal or mineral bearing townships, and shall~~	35256
~~have a thorough knowledge of the latest and best method of~~	35257
~~plugging and sealing abandoned oil and gas wells.~~	35258

~~Such applicant for gas storage well inspector shall pass an~~	35259
~~examination conducted by the chief to determine the applicant's~~	35260
~~fitness to act as a gas storage well inspector before being~~	35261
~~eligible for appointment.~~	35262

Sec. 1561.13. The chief of the division of mineral resources	35263
management shall conduct examinations for offices and positions in	35264
the division of mineral resources management, and for mine	35265
forepersons, mine electricians, shot firers, surface mine	35266
blasters, and fire bosses, as follows:	35267

(A) Division of mineral resources management:

35268

(1) Deputy mine inspectors of underground mines;

35269

(2) Deputy mine inspectors of surface mines;

35270

(3) Electrical inspectors;

35271

(4) Superintendent of rescue stations;

35272

(5) Assistant superintendents of rescue stations;

35273

(6) Mine chemists at a division laboratory if the chief	35274
chooses to operate a laboratory;	35275

~~(7) Gas storage well inspector~~.

35276

(B) Mine forepersons:

35277

(1) Mine foreperson of gaseous mines;

35278

(2) Mine foreperson of nongaseous mines;

35279

(3) Mine foreperson of surface mines.

35280

35281

(1) Foreperson of gaseous mines;

35282

(2) Foreperson of nongaseous mines;

35283

(3) Foreperson of surface maintenance facilities at	35284
underground or surface mines;	35285

(4) Foreperson of surface mines.

35286

(D) Fire bosses.

35287

(E) Mine electricians.

35288

(F) Surface mine blasters.

35289

(G) Shot firers.

35290

The chief annually shall provide for the examination of	35291
candidates for appointment or promotion as deputy mine inspectors	35292
and such other positions and offices set forth in division (A) of	35293
this section as are necessary. Special examinations may be held	35294
whenever it becomes necessary to make appointments to any of those	35295
positions.	35296

The chief shall provide for the examination of persons	35297
seeking certificates of competency as mine forepersons,	35298
forepersons, mine electricians, shot firers, surface mine	35299
blasters, and fire bosses quarterly or more often as required, at	35300
such times and places within the state as shall, in the judgment	35301
of the chief, afford the best facilities to the greatest number of	35302
applicants. Public notice shall be given through the press or	35303
otherwise, not less than ten days in advance, announcing the time	35304
and place at which examinations under this section are to be held.	35305

The examinations provided for in this section shall be	35306
conducted under rules adopted under section 1561.05 of the Revised	35307
Code and conditions prescribed by the chief. Any rules that relate	35308
to particular candidates shall, upon application of any candidate,	35309
be furnished to the candidate by the chief; they shall also be of	35310
uniform application to all candidates in the several groups.	35311

Sec. 1561.35. If the deputy mine inspector finds that any	35312
matter, thing, or practice connected with any mine and not	35313
prohibited specifically by law is dangerous or hazardous, or that	35314
from a rigid enforcement of this chapter and Chapters ~~1509.,~~	35315
1563., 1565., and 1567. and applicable provisions of Chapter 1509.	35316
of the Revised Code, the matter, thing, or practice would become	35317
dangerous and hazardous so as to tend to the bodily injury of any	35318
person, the deputy mine inspector forthwith shall give notice in	35319
writing to the owner, lessee, or agent of the mine of the	35320
particulars in which the deputy mine inspector considers the mine	35321
or any matter, thing, or practice connected therewith is dangerous	35322
or hazardous and recommend changes that the conditions require,	35323
and forthwith shall mail a copy of the report and the deputy mine	35324
inspector's recommendations to the chief of the division of	35325
mineral resources management. Upon receipt of the report and	35326
recommendations, the chief forthwith shall make a finding thereon	35327
and mail a copy to the owner, operator, lessee, or agent of the	35328
mine, and to the deputy mine inspector; a copy of the finding of	35329
the chief shall be posted upon the bulletin board of the mine.	35330
Where the miners have a mine safety committee, one additional copy	35331
shall be posted on the bulletin board for the use and possession	35332
of the committee.	35333

The owner, operator, lessee, or agent of the mine, or the	35334
authorized representative of the workers of the mine, within ten	35335
days may appeal to the reclamation commission for a review and	35336
redetermination of the finding of the chief in the matter in	35337
accordance with section 1513.13 of the Revised Code,	35338
notwithstanding division (A)(1) of that section, which provides	35339
for appeals within thirty days. A copy of the decision of the	35340
commission shall be mailed as required by this section for the	35341
mailing of the finding by the chief on the deputy mine inspector's	35342
report.	35343

Sec. 1561.49. The chief of the division of mineral resources	35344
management may designate not more than thirty deputy mine	35345
inspectors, at least one of whom shall be classified and appointed	35346
as electrical inspector provided for in division (B) of section	35347
1561.12 of the Revised Code; ~~one gas storage well inspector;~~ one	35348
superintendent of rescue stations; three assistant superintendents	35349
of rescue stations; three chemists; and such clerks,	35350
stenographers, and other employees as are necessary for the	35351
administration of this chapter and Chapters 1563., 1565., and	35352
1567., and applicable provisions of Chapter 1509. of the Revised	35353
Code.	35354

Such officers, employees, and personnel shall be appointed	35355
and employed under such conditions and qualifications as set forth	35356
in ~~such~~those chapters.	35357

Sec. 1563.06. For the purpose of making the examinations	35358
provided for in this chapter and Chapters ~~1509.,~~ 1561., 1565., and	35359
1567. and applicable provisions of Chapter 1509. of the Revised	35360
Code, the chief of the division of mineral resources management,	35361
and each deputy mine inspector, may enter any mine at a reasonable	35362
time, by day or by night, but in such manner as will not	35363
necessarily impede the working of the mine, and the owner, lessee,	35364
or agent thereof shall furnish the means necessary for such entry	35365
and examination.	35366

Sec. 1563.24. In all mines generating methane in such	35367
quantities as to be considered a gaseous mine under section	35368
1563.02 of the Revised Code, the mine foreperson of such a mine	35369
shall:	35370

(A) Employ a sufficient number of competent persons holding	35371
foreperson of gaseous mines or fire boss certificates, except as	35372
provided in section 1565.02 of the Revised Code, to examine the	35373
working places whether they are in actual course of working or	35374
not, and the traveling ways and entrances to old workings with	35375
approved flame safety lamps, all of which shall be done not more	35376
than three hours prior to the time fixed for the employees to	35377
enter ~~such~~the mine;	35378

(B) Have all old parts of the mine not in the actual course	35379
of working, but that are open and safe to travel, examined not	35380
less than once each three days by a competent person who holds a	35381
foreperson of gaseous mines or a fire boss certificate;	35382

(C) See that all parts of the mine not sealed off as provided	35383
in section 1563.41 of the Revised Code are kept free from standing	35384
gas, and upon the discovery of any standing gas, see that the	35385
entrance to the place where the gas is so discovered is fenced off	35386
and marked with a sign upon which is written the word "danger,"	35387
and ~~such~~the sign shall so remain until ~~such~~the gas has been	35388
removed;	35389

(D) Have the mine examined on all idle days, holidays, and	35390
Sundays on which employees are required to work therein;	35391

(E) If more than three hours elapse between shifts, have the	35392
places in which the succeeding shift works examined by a competent	35393
person who holds a foreperson of gaseous mines or fire boss	35394
certificate;	35395

(F) See that this chapter and Chapters ~~1509.,~~ 1561., 1565.,	35396
and 1567. and applicable provisions of Chapter 1509. of the	35397
Revised Code, with regard to examination of working places,	35398
removal of standing gas, and fencing off of dangerous places, are	35399
complied with before the employees employed by the mine foreperson	35400
for this particular work are permitted to do any other work;	35401

(G) Have a report made on the blackboard provided for in	35402
section 1567.06 of the Revised Code, which report shall show the	35403
condition of the mine as to the presence of gas and the place	35404
where such gas is present, if there is any, before the mine	35405
foreperson permits the employees to enter the mine;	35406

(H) Have reports of the duties and activities enumerated in	35407
this section signed by the person who makes ~~such~~the examination.	35408
The reports so signed shall be sent once each week to the deputy	35409
mine inspector of the district in which the mine is located on	35410
blanks furnished by the division of mineral resources management	35411
for that purpose, and a copy of ~~such~~the report shall be kept on	35412
file at the mine.	35413

(I) Have the fire boss record a report after each	35414
examination, in ink, in the fire boss' record book, which book	35415
shall show the time taken in making the examination and also	35416
clearly state the nature and location of any danger that was	35417
discovered in any room, entry, or other place in the mine, and, if	35418
any danger was discovered, the fire boss shall immediately report	35419
the location thereof to the mine foreperson.	35420

No person shall enter the mine until the fire bosses return	35421
to the mine office on the surface, or to a station located in the	35422
mine, where a record book as provided for in this section shall be	35423
kept and signed by the person making the examination, and report	35424
to the oncoming mine foreperson that the mine is in safe condition	35425
for the employees to enter. When a station is located in any mine,	35426
the fire bosses shall sign also the report entered in the record	35427
book in the mine office on the surface. The record books of the	35428
fire bosses shall at all times during working hours be accessible	35429
to the deputy mine inspector and the employees of the mine.	35430

In every mine generating explosive gas in quantities	35431
sufficient to be detected by an approved flame safety lamp, when	35432
the working portions are one mile or more from the entrance to the	35433
mine or from the bottom of the shaft or slope, a permanent station	35434
of suitable dimensions may be erected by the mine foreperson,	35435
provided that the location is approved by the deputy mine	35436
inspector, for the use of the fire bosses, and a fireproof vault	35437
of ample strength shall be erected in ~~such~~the station of brick,	35438
stone, or concrete, in which the temporary record book of the fire	35439
bosses, as described in this section, shall be kept. No person,	35440
except a mine foreperson of gaseous mines, and in case of	35441
necessity such other persons as are designated by the mine	35442
foreperson, shall pass beyond the permanent station and danger	35443
signal until the mine has been examined by a fire boss, and the	35444
mine or certain portions thereof reported by the fire boss to be	35445
safe.	35446

This section does not prevent a mine foreperson or foreperson	35447
of gaseous mines from being qualified to act and acting in the	35448
capacity of fire boss. The record book shall be supplied by the	35449
division and purchased by the operator.	35450

No mine foreperson or person delegated by the mine	35451
foreperson, or any operator of a mine, or other person, shall	35452
refuse or neglect to comply with this section.	35453

Sec. 1563.28. The ~~man~~worker performing the duties of fire	35454
boss shall, in an approved manner, use a flame safety lamp when	35455
making examinations under this chapter and Chapters ~~1509.,~~ 1561.,	35456
1565., and 1567. and applicable provisions of Chapter 1509. of the	35457
Revised Code. As evidence of such examinations hethe fire boss	35458
shall mark with chalk, upon the face of the coal or in some other	35459
conspicuous place, ~~his~~the fire boss's initials and the date of	35460
the month that ~~such~~the examination is made, and shall fully	35461
comply with all the law relating to gas and ~~his~~the fire boss's	35462
duties as to making such examinations. After making ~~his~~such an	35463
examination and report, prior to employees entering the mine for	35464
the oncoming shift, hethe fire boss who made the examination or	35465
another fire boss shall return to the working places with the	35466
employees at the starting time of the oncoming shift.	35467

No person shall refuse or neglect to comply with this	35468
section.	35469

Sec. 1571.01. As used in this chapter, unless other meaning	35470
is clearly indicated in the context:	35471

(A) "Gas storage reservoir" or "storage reservoir" or	35472
"reservoir" means a continuous area of a subterranean porous sand	35473
or rock stratum or strata, any part of which or of the protective	35474
area of which, is within a coal bearing township, into which gas	35475
is or may be injected for the purpose of storing it therein and	35476
removing it therefrom, or for the purpose of testing whether such	35477
stratum is suitable for such storage purposes.	35478

(B) "Gas" means any natural, manufactured, or by-product gas	35479
or any mixture thereof.	35480

(C) "Reservoir operator" or "operator," when used in	35481
referring to the operator of a gas storage reservoir, means a	35482
person who is engaged in the work of preparing to inject, or who	35483
injects gas into, or who stores gas in, or who removes gas from, a	35484
gas storage reservoir, and who owns the right to do so.	35485

(D)(1) "Boundary," when used in referring to the boundary of	35486
a gas storage reservoir, means the boundary of such reservoir as	35487
shown on the map or maps thereof on file in the division of	35488
~~mineral~~oil and gas resources management as required by this	35489
chapter.	35490

(2) "Boundary," when used in referring to the boundary of a	35491
reservoir protective area, means the boundary of such reservoir	35492
protective area as shown on the map or maps thereof on file in the	35493
division as required by this chapter.	35494

(E) "Reservoir protective area" or "reservoir's protective	35495
area" means the area of land outside the boundary of a gas storage	35496
reservoir shown as such on the map or maps thereof on file in the	35497
division as required by this chapter. The area of land shown on	35498
such map or maps as such reservoir protective area shall be	35499
outside the boundary of such reservoir, and shall encircle such	35500
reservoir and touch all parts of the boundary of such reservoir,	35501
and no part of the outside boundary of such protective area shall	35502
be less than two thousand nor more than five thousand linear feet	35503
distant from the boundary of such reservoir.	35504

(F) "Coal bearing township" means a township designated as a	35505
coal bearing township by the chief of the division of mineral	35506
resources management as required by section 1561.06 of the Revised	35507
Code.	35508

(G) "Coal mine" means the underground excavations of a mine	35509
that are being used or are usable or are being developed for use	35510
in connection with the extraction of coal from its natural deposit	35511
in the earth. "Underground excavations," when used in referring to	35512
the underground excavations of a coal mine, includes the abandoned	35513
underground excavations of such mine. It also includes the	35514
underground excavations of an abandoned coal mine if such	35515
abandoned mine is connected with underground excavations of a coal	35516
mine. "Coal mine" does not mean or include:	35517

(1) A mine in which coal is extracted from its natural	35518
deposit in the earth by strip or open pit mining methods or by	35519
other methods by which individuals are not required to go	35520
underground in connection with the extraction of coal from its	35521
natural deposit in the earth;	35522

(2) A mine in which not more than fourteen individuals are	35523
regularly employed underground.	35524

(H) "Operator," when used in referring to the operator of a	35525
coal mine, means a person who engages in the work of developing	35526
such mine for use in extracting coal from its natural deposit in	35527
the earth, or who so uses such mine, and who owns the right to do	35528
so.	35529

(I) "Boundary," when used in referring to the boundary of a	35530
coal mine, means the boundary of the underground excavations of	35531
such mine as shown on the maps of such mine on file in the	35532
division of mineral resources management as required by sections	35533
1563.03 to 1563.05 and 1571.03 of the Revised Code.	35534

(J) "Mine protective area" or "mine's protective area" means	35535
the area of land that the operator of a coal mine designates and	35536
shows as such on the map or maps of such coal mine filed with the	35537
division as required by sections 1563.03 to 1563.05 and 1571.03 of	35538
the Revised Code. Such area of land shall be outside of the	35539
boundary of such coal mine, but some part of the boundary of such	35540
area of land shall abut upon a part of the boundary of such coal	35541
mine. Such area of land shall be comprised of such tracts of land	35542
in which such coal mine operator owns the right to extract coal	35543
therefrom by underground mining methods and in which underground	35544
excavations of such coal mine are likely to be made within the	35545
ensuing year for use in connection with the extraction of coal	35546
therefrom.	35547

(K) "Pillar" means a solid block of coal or other material	35548
left unmined to support the overlying strata in a coal mine, or to	35549
protect a well.	35550

(L) "Retreat mining" means the removal of pillars and ribs	35551
and stumps and other coal remaining in a section of a coal mine	35552
after the development mining has been completed in such section.	35553

(M) "Linear feet," when used to indicate distance between two	35554
points that are not in the same plane, means the length in feet of	35555
the shortest horizontal line that connects two lines projected	35556
vertically upward or downward from the two points.	35557

(N) "Map" means a graphic representation of the location and	35558
size of the existing or proposed items it is made to represent,	35559
accurately drawn according to a given scale.	35560

(O) "Well" means any hole, drilled or bored, or being drilled	35561
or bored, into the earth, whether for the purpose of, or whether	35562
used for:	35563

(1) Producing or extracting any gas or liquid mineral, or	35564
natural or artificial brines, or oil field waters;	35565

(2) Injecting gas into or removing gas from an underground	35566
gas storage reservoir;	35567

(3) Introducing water or other liquid pressure into an oil	35568
bearing sand to recover oil contained in such sand, provided that	35569
"well" does not mean a hole drilled or bored, or being drilled or	35570
bored, into the earth, whether for the purpose of, or whether used	35571
for, producing or extracting potable water to be used as such.	35572

(P) "Testing" means injecting gas into, or storing gas in or	35573
removing gas from, a gas storage reservoir for the sole purpose of	35574
determining whether such reservoir is suitable for use as a gas	35575
storage reservoir.	35576

(Q) "Casing" means a string or strings of pipe commonly	35577
placed in a well.	35578

(R) "Inactivate" means to shut off temporarily all flow of	35579
gas from a well at a point below the horizon of the coal mine that	35580
might be affected by such flow of gas, by means of a plug or other	35581
suitable device or by injecting water, bentonite, or some other	35582
equally nonporous material into the well, or any other method	35583
approved by ~~the mineral~~an oil and gas resources inspector.	35584

(S) "Gas storage well inspector" means the gas storage well	35585
inspector in the division.	35586

(T) The verb "open" or the noun "opening," when used in	35587
clauses relating to the time when a coal mine operator intends to	35588
open a new coal mine, or the time when a new coal mine is opened,	35589
or the time of the opening of a new coal mine, or when used in	35590
other similar clauses to convey like meanings, means that time and	35591
condition in the initial development of a new coal mine when the	35592
second opening required by section 1563.14 of the Revised Code is	35593
completed in such mine.	35594

Sec. 1571.012. An applicant for the position of gas storage	35595
well inspector shall register the applicant's name with the chief	35596
of the division of oil and gas resources management and file with	35597
the chief an affidavit as to all matters of fact establishing the	35598
applicant's right to take the examination for that position, a	35599
certificate of good character and temperate habits signed by at	35600
least three reputable citizens of the community in which the	35601
applicant resides, and a certificate from a reputable and	35602
disinterested physician as to the physical condition of the	35603
applicant showing that the applicant is physically capable of	35604
performing the duties of the position. The applicant also shall	35605
present evidence satisfactory to the chief that the applicant has	35606
been a resident and citizen of this state for at least two years	35607
next preceding the date of application.	35608

An applicant shall possess the same qualifications as an	35609
applicant for the position of deputy mine inspector established in	35610
section 1561.12 of the Revised Code. In addition, the applicant	35611
shall have practical knowledge and experience of and in the	35612
operation, location, drilling, maintenance, and abandonment of oil	35613
and gas wells, especially in coal or mineral bearing townships,	35614
and shall have a thorough knowledge of the latest and best method	35615
of plugging and sealing abandoned oil and gas wells.	35616

An applicant for gas storage well inspector shall pass an	35617
examination conducted by the chief to determine the applicant's	35618
fitness to act as gas storage well inspector before being eligible	35619
for appointment.	35620

Sec. 1571.013. (A) The chief of the division of oil and gas	35621
resources management shall conduct examinations for the position	35622
of gas storage well inspector. The chief annually shall provide	35623
for the examination of candidates for appointment as gas storage	35624
well inspector. Special examinations may be held whenever it	35625
becomes necessary to make an appointment of gas storage well	35626
inspector.	35627

(B) Public notice shall be given through the press or	35628
otherwise, not less than ten days in advance, announcing the time	35629
and place at which examinations under this section are to be held.	35630

(C) The examinations provided for in this section shall be	35631
conducted in accordance with rules adopted under section 1571.014	35632
of the Revised Code and conditions prescribed by the chief.	35633

Sec. 1571.014. The chief of the division of oil and gas	35634
resources management shall appoint a gas storage well inspector	35635
from the eligible list of candidates for that position that is	35636
prepared under section 124.24 of the Revised Code. If a vacancy	35637
occurs in the position of gas storage well inspector, the chief	35638
shall fill the position by selecting a person from that list.	35639

The chief shall adopt rules in accordance with Chapter 119.	35640
of the Revised Code that are necessary for conducting examinations	35641
for the position of gas storage well inspector.	35642

Sec. 1571.02. (A) Any reservoir operator who, on September	35643
9, 1957, is injecting gas into, storing gas in, or removing gas	35644
from a reservoir shall within sixty days after such date file with	35645
the division of ~~mineral~~oil and gas resources management a map	35646
thereof as described in division (C) of this section, provided	35647
that if a reservoir operator is, on September 9, 1957, injecting	35648
gas into or storing gas in a reservoir solely for testing, the	35649
reservoir operator shall at once file such map with the division.	35650

(B) If the injection of gas into or storage of gas in a gas	35651
storage reservoir is begun after September 9, 1957, the operator	35652
of such reservoir shall file with the division a map thereof as	35653
described in division (C) of this section, on the same day and not	35654
less than three months prior to beginning such injection or	35655
storage.	35656

(C) Each map filed with the division pursuant to this section	35657
shall be prepared by a registered surveyor, registered engineer,	35658
or competent geologist. It shall show both of the following:	35659

(1) The location of the boundary of such reservoir and the	35660
boundary of such reservoir's protective area, and the known fixed	35661
monuments, corner stones, or other permanent markers in such	35662
boundary lines;	35663

(2) The boundary lines of the counties, townships, and	35664
sections or lots that are within the limits of such map, and the	35665
name of each such county and township and the number of each such	35666
section or lot clearly indicated thereon. The legend of the map	35667
shall indicate the stratum or strata in which the gas storage	35668
reservoir is located.	35669

The location of the boundary of the gas storage reservoir as	35670
shown on the map shall be defined by the location of those wells	35671
around the periphery of such reservoir that had no gas production	35672
when drilled into the storage stratum of such reservoir, provided	35673
that if the operator of such reservoir, upon taking into	35674
consideration the number and nature of such wells, the geological	35675
and production knowledge of the storage stratum, its character,	35676
permeability, and distribution, and operating experience,	35677
determines that the location of the boundary of such reservoir	35678
should be differently defined, the reservoir operator may, on such	35679
map, show the boundary of such reservoir to be located at a	35680
location different than the location defined by the location of	35681
those wells around the periphery of such reservoir that had no gas	35682
production when drilled into the storage stratum.	35683

Whenever the operator of a gas storage reservoir determines	35684
that the location of the boundary of such reservoir as shown on	35685
the most recent map thereof on file in the division pursuant to	35686
this section is incorrect, the reservoir operator shall file with	35687
the division an amended map showing the boundary of such reservoir	35688
to be located at the location that the reservoir operator then	35689
considers to be correct.	35690

(D) Each operator of a gas storage reservoir who files with	35691
the division a map as required by this section shall, at the end	35692
of each six-month period following the date of such filing, file	35693
with the division an amended map showing changes, if any, in the	35694
boundary line of such reservoir or of such reservoir's protective	35695
area that have occurred in the six-month period. Nothing in this	35696
division shall be construed to require such a reservoir operator	35697
to file an amended map at the end of any such six-month period if	35698
no such boundary changes have occurred in such period.	35699

An operator of a gas storage reservoir who is required by	35700
this section to file an amended map with the division shall not be	35701
required to so file such an amended map after such time when the	35702
reservoir operator files with the division a map pertaining to	35703
such reservoir, as provided in section 1571.04 of the Revised	35704
Code.	35705

Sec. 1571.03. (A) Every operator of a coal mine who is	35706
required by sections 1563.03 to 1563.05 of the Revised Code, to	35707
file maps of such mine, shall cause to be shown on each of such	35708
maps, in addition to the boundary lines of each tract under which	35709
excavations are likely to be made during the ensuing year, as	35710
referred to in section 1563.03 of the Revised Code:	35711

(1) The boundary of such coal mine in accordance with the	35712
meaning of the term "boundary" ~~when used in referring to the~~	35713
~~boundary of a coal mine, and the term "coal mine" as those terms~~	35714
~~are defined~~ in section 1571.01 of the Revised Code;	35715

(2) The boundary of the mine protective area of such mine.

35716

This division shall not be construed to amend or repeal any	35717
provisions of sections 1563.03 to 1563.05 of the Revised Code,	35718
either by implication or otherwise.	35719

This division is intended only to add to existing statutory	35720
requirements pertaining to the filing of coal mine maps with the	35721
division of mineral resources management, the requirements	35722
established in this division.	35723

(B) Every operator of a coal mine who believes that any part	35724
of the boundary of such mine is within two thousand linear feet of	35725
a well that is drilled through the horizon of such coal mine and	35726
into or through the storage stratum or strata of a gas storage	35727
reservoir within the boundary of such reservoir or within its	35728
protective area, shall at once send notice to that effect by	35729
registered mail to the operator of such reservoir, the division of	35730
mineral resources management, and to the division of oil and gas	35731
resources management.	35732

(C) Every operator of a coal mine who expects that any part	35733
of the boundary of such mine will, on a date after September 9,	35734
1957, be extended beyond its location on such date to a point	35735
within two thousand linear feet of a well that is drilled through	35736
the horizon of such mine and into or through the stratum or strata	35737
of a gas storage reservoir within the boundary of such reservoir	35738
or within its protective area, shall send at least nine months'	35739
notice of such date and of the location of such well by registered	35740
mail to the operator of such reservoir, the division of mineral	35741
resources management, and to the division of oil and gas resources	35742
management. If at the end of three years after the date stated in	35743
the notice by an operator of a coal mine to an operator of a	35744
storage reservoir as the date upon which part of the boundary of	35745
such coal mine is expected to be extended to a point within two	35746
thousand linear feet of such well, no part of such coal mine is so	35747
extended, the operator of such coal mine shall be liable to the	35748
operator of such storage reservoir for all expenses incurred by	35749
such reservoir operator in doing the plugging or reconditioning of	35750
such well as the reservoir operator is required to do in such	35751
cases as provided in section 1571.05 of the Revised Code. Such	35752
mine operator shall in no event be liable to such reservoir	35753
operator:	35754

(1) For expenses of plugging or reconditioning such well	35755
incurred prior to receipt by such reservoir operator from such	35756
mine operator of a notice as provided for in this division;	35757

(2) For any expenses of plugging or reconditioning such well	35758
if any part of the work of plugging or reconditioning was	35759
commenced prior to receipt by such reservoir operator from such	35760
mine operator of a notice as provided for in this division.	35761

(D) If a person intends to open a new coal mine after	35762
September 9, 1957, and if at the time of its opening any part of	35763
the boundary of such mine will be within two thousand linear feet	35764
of a well that is drilled through the horizon of such mine and	35765
into or through the storage stratum or strata of a gas storage	35766
reservoir within the boundary of such reservoir or within its	35767
protective area, such person shall send by registered mail to the	35768
operator of such storage reservoir, the division of mineral	35769
resources management, and to the division of oil and gas resources	35770
management at least nine months' notice of the date upon which the	35771
person intends to open such mine, and of the location of such	35772
well. If at the end of nine months after the date stated in the	35773
notice by an operator of a coal mine to an operator of a storage	35774
reservoir, the division of mineral resources management, and to	35775
the division of oil and gas resources management, as the date upon	35776
which such coal mine operator intends to open such new mine, such	35777
new mine is not opened, the operator of such coal mine shall be	35778
liable to the operator of such storage reservoir for all expenses	35779
incurred by such reservoir operator in doing the plugging or	35780
reconditioning of such well as the reservoir operator is required	35781
to do in such cases as provided in section 1571.05 of the Revised	35782
Code, provided:	35783

(1) That such mine operator may, prior to the end of nine	35784
months after the date stated in such mine operator's notice to	35785
such reservoir operator, the division of mineral resources	35786
management, and the division of oil and gas resources management	35787
as the date upon which the mine operator intended to open such new	35788
mine, notify such reservoir operator, the division of mineral	35789
resources management, and the division of oil and gas resources	35790
management in writing by registered mail, that the opening of such	35791
new mine will be delayed beyond the end of such nine-month period	35792
of time, and that the mine operator requests that a conference be	35793
held as provided in section 1571.10 of the Revised Code for the	35794
purpose of endeavoring to reach an agreement establishing a date	35795
subsequent to the end of such nine-month period of time, on or	35796
before which such mine operator may open such new mine without	35797
being liable to pay such reservoir operator expenses incurred by	35798
such reservoir operator in plugging or reconditioning such well as	35799
in this division provided;	35800

(2) That if such mine operator sends to such reservoir	35801
operator, the division of mineral resources management, and to the	35802
division of oil and gas resources management a notice and request	35803
for a conference as provided in division (D)(1) of this section,	35804
such mine operator shall not be liable to pay such reservoir	35805
operator for expenses incurred by such reservoir operator in	35806
plugging and reconditioning such well, unless such mine operator	35807
fails to open such new mine within the period of time fixed by an	35808
approved agreement reached in such conference, or fixed by an	35809
order by the chief of the division of ~~mineral~~oil and gas	35810
resources management upon a hearing held in the matter in the	35811
event of failure to reach an approved agreement in the	35812
conference;. After issuing an order under this division, the chief	35813
shall notify the chief of the division of mineral resources	35814
management and send a copy of the order to the chief.	35815

(3) That such mine operator shall in no event be liable to	35816
such reservoir operator:	35817

(a) For expense of plugging or reconditioning such well	35818
incurred prior to the receipt by such reservoir operator from such	35819
mine operator of the notice of the date upon which such mine	35820
operator intends to open such new mine;	35821

(b) For any expense of plugging or reconditioning such well	35822
if any part of the work of plugging or reconditioning was	35823
commenced prior to receipt by such reservoir operator from such	35824
mine operator of such notice.	35825

Sec. 1571.04. (A) Upon the filing of each map or amended map	35826
with the division of ~~mineral~~oil and gas resources management by	35827
operators of gas storage reservoirs as required by this chapter,	35828
and each coal mine map with the division of mineral resources	35829
management as required by sections 1563.03 to 1563.05 and division	35830
(A) of section 1571.03 of the Revised Code, the gas storage well	35831
inspector shall cause an examination to be made of all maps on	35832
file in ~~the division~~those divisions as the gas storage well	35833
inspector may deem necessary to ascertain whether any part of a	35834
reservoir protective area as shown on any such map is within ten	35835
thousand linear feet of any part of the boundary of a coal mine as	35836
shown on any such map. If, upon making that examination, the gas	35837
storage well inspector finds that any part of such a reservoir	35838
protective area is within ten thousand linear feet of any part of	35839
the boundary of such a coal mine, the gas storage well inspector	35840
shall promptly send by registered mail notice to that effect to	35841
the operator of the reservoir and to the operator of the coal	35842
mine.	35843

(B) Within sixty days after receipt by an operator of a gas	35844
storage reservoir of a notice from the gas storage well inspector	35845
under division (A) of this section, such operator shall file on	35846
the same day with both the division ~~a map~~of mineral resources	35847
management and the division of oil and gas resources management	35848
identical maps prepared by a registered surveyor, registered	35849
engineer, or competent geologist, which shall do all of the	35850
following:	35851

(1) Indicate the stratum or strata in which such gas storage	35852
reservoir is located;	35853

(2) Show the location of the boundary of the reservoir and	35854
the boundary of its protective area, and the known fixed	35855
monuments, corner stones, or other permanent markers in such	35856
boundary lines;	35857

(3) Show the boundary lines of the counties, townships, and	35858
sections or lots that are within the limits of such maps, and the	35859
name of each such county and township and the number of each such	35860
section or lot clearly indicated thereon;	35861

(4) Show the location of all oil or gas wells known to the	35862
operator of such reservoir that have been drilled within the	35863
boundary of the reservoir or within its protective area, and	35864
indicate which of such wells, if any, have been or are to be	35865
plugged or reconditioned for use in the operation of such	35866
reservoir.	35867

The location of the boundary of the gas storage reservoir as	35868
shown on the maps shall be defined by the location of those wells	35869
around the periphery of the reservoir that had no gas production	35870
when drilled into the storage stratum of the reservoir, provided	35871
that, if the operator of the reservoir, upon taking into	35872
consideration the number and nature of such wells, the geological	35873
and production knowledge of the storage stratum, its character,	35874
permeability, and distribution, and operating experience,	35875
determines that the location of the boundary of the reservoir	35876
should be differently defined, the reservoir operator may, on the	35877
maps, show the boundary of the reservoir to be located at a	35878
location different from the location defined by the location of	35879
those wells around the periphery of the reservoir that had no gas	35880
production when drilled into the storage stratum.	35881

(C) Any coal mine operator who receives from the gas storage	35882
well inspector a copy of a map as provided by division (E) of this	35883
section may request the gas storage well inspector to furnish the	35884
coal mine operator with:	35885

(1) The name of the original operator of any well shown on	35886
such map;	35887

(2) The date drilling of such well was completed;

35888

(3) The total depth of such well;

35889

(4) The depth at which oil or gas was encountered in such	35890
well if it was productive of oil or gas;	35891

(5) The initial rock pressure of such well;

35892

(6) A copy of the log of the driller of such well or other	35893
similar data;	35894

(7) The location of such well in respect to the property	35895
lines of the tract of land on which it is located;	35896

(8) A statement as to whether the well is inactive or active:

35897

(a) If inactive, the date of plugging and other pertinent	35898
data;	35899

(b) If active, whether it is being used for test purposes or	35900
storage purposes;.	35901

(9) A statement of the maximum injection pressure	35902
contemplated by the operator of the reservoir shown on such map.	35903

Upon receipt of such a request, the gas storage well	35904
inspector shall promptly furnish the coal mine operator the	35905
information requested. If the information is not ascertainable	35906
from the files in the division of oil and gas resources	35907
management, the gas storage well inspector shall request the	35908
reservoir operator to furnish the division with such information	35909
to the extent that the reservoir operator has knowledge thereof.	35910
Upon receipt of such a request, the reservoir operator shall	35911
promptly furnish such information to the division. Thereupon the	35912
gas storage well inspector shall promptly transmit such	35913
information to the mine operator who requested it.	35914

Whenever the operator of a gas storage reservoir determines	35915
that the location of the boundary of the reservoir as shown on the	35916
most recent map thereof on file in the division pursuant to this	35917
section is incorrect, the reservoir operator shall file with the	35918
division an amended map showing the boundary of the reservoir to	35919
be located at the location that the reservoir operator then	35920
considers to be correct.	35921

(D) Each operator of a gas storage reservoir who files ~~a map~~	35922
with the division of mineral resources management and the division	35923
of oil and gas resources management maps as required by this	35924
section shall, at the end of each six-month period following the	35925
date of such filing, file with ~~the~~each division anidentical	35926
amended ~~map~~maps showing changes in the boundary line of the	35927
reservoir or of the reservoir's protective area that have occurred	35928
in the six-month period, and further showing or describing any	35929
other occurrences within that six-month period that cause the most	35930
recent ~~map~~maps on file and pertaining to the reservoir to no	35931
longer be correct. Nothing in this division shall be construed to	35932
require such a reservoir operator to file an amended map at the	35933
end of any such six-month period if no boundary changes or other	35934
occurrences have occurred in that period. The operator of the	35935
reservoir shall also file with the division of mineral resources	35936
management and the division of oil and gas resources management,	35937
subsequent to the filing of ~~a map~~maps as provided for in division	35938
(B) of this section, a statement whenever changing the maximum	35939
injection pressure is contemplated, stating for each affected well	35940
within the boundary of the reservoir or its protective area, the	35941
amount of change of injection pressure contemplated. The location	35942
or drilling of new wells or the abandonment or reconditioning of	35943
wells shall not be considered to be occurrences requiring the	35944
filing of an amended map or statement.	35945

(E) Promptly upon the filing with the division of oil and gas	35946
resources management of a map or an amended map pertaining to a	35947
gas storage reservoir under this section, the gas storage well	35948
inspector shall send by registered mail to the operator of the	35949
coal mine a part of the boundary of which is within ten thousand	35950
linear feet of any part of the boundary of the reservoir or of the	35951
outside boundary of the reservoir's protective area, notice of the	35952
filing together with a copy of the map.	35953

(F) When the operator of a gas storage reservoir files with	35954
the division ~~a map~~of mineral resources management and the	35955
division of oil and gas resources management maps or an amended	35956
~~map~~maps under this section, the reservoir operator shall file as	35957
many copies of the ~~map~~maps as ~~the~~each division may require for	35958
its files and as are needed for sending a copy to each coal mine	35959
operator under division (E) of this section.	35960

Sec. 1571.05. (A) Whenever any part of a gas storage	35961
reservoir or any part of its protective area underlies any part of	35962
a coal mine, or is, or within nine months is expected or intended	35963
to be, within two thousand linear feet of the boundary of a coal	35964
mine that is operating in a coal seam any part of which extends	35965
over any part of the storage reservoir or its protective area, the	35966
operator of the reservoir, if the reservoir operator or some other	35967
reservoir operator has not theretofore done so, shall:	35968

(1) Use every known method that is reasonable under the	35969
circumstance for discovering and locating all wells drilled within	35970
the area of the reservoir or its protective area that underlie any	35971
part of the coal mine or its protective area;	35972

(2) Plug or recondition all known wells drilled within the	35973
area of the reservoir or its protective area that underlie any	35974
part of the coal mine.	35975

(B) Whenever an operator of a gas storage reservoir is	35976
notified by the operator of a coal mine, as provided in division	35977
(B) of section 1571.03 of the Revised Code, that the coal mine	35978
operator believes that part of the boundary of the mine is within	35979
two thousand linear feet of a well that is drilled through the	35980
horizon of the coal mine and into or through the storage stratum	35981
or strata of the reservoir within the boundary of the reservoir or	35982
within its protective area, the reservoir operator shall plug or	35983
recondition the well as in this section prescribed, unless it is	35984
agreed in a conference or is ordered by the chief of the division	35985
of ~~mineral~~oil and gas resources management after a hearing, as	35986
provided in section 1571.10 of the Revised Code, that the well	35987
referred to in the notice is not such a well as is described in	35988
division (B) of section 1571.03 of the Revised Code.	35989

Whenever an operator of a gas storage reservoir is notified	35990
by the operator of a coal mine as provided in division (C) or (D)	35991
of section 1571.03 of the Revised Code, that part of the boundary	35992
of the mine is, or within nine months is intended or expected to	35993
be, within two thousand linear feet of a well that is drilled	35994
through the horizon of the mine and into or through the storage	35995
stratum or strata of the reservoir within the boundary of the	35996
reservoir or within its protective area, the reservoir operator	35997
shall plug or recondition the well as in this section prescribed.	35998

Whenever the operator of a coal mine considers that the use	35999
of a well such as in this section described, if used for injecting	36000
gas into, or storing gas in, or removing gas from, a gas storage	36001
reservoir, would be hazardous to the safety of persons or property	36002
on or in the vicinity of the premises of the coal mine or the	36003
reservoir or well, the coal mine operator may file with the	36004
division objections to the use of the well for such purposes, and	36005
a request that a conference be held as provided in section 1571.10	36006
of the Revised Code, to discuss and endeavor to resolve by mutual	36007
agreement whether or not the well shall or shall not be used for	36008
such purposes, and whether or not the well shall be reconditioned,	36009
inactivated, or plugged. The request shall set forth the mine	36010
operator's reasons for such objections. If no approved agreement	36011
is reached in the conference, the gas storage well inspector shall	36012
within ten days after the termination of the conference, file with	36013
the chief a request that the chief hear and determine the matters	36014
considered at the conference as provided in section 1571.10 of the	36015
Revised Code. Upon conclusion of the hearing, the chief shall find	36016
and determine whether or not the safety of persons or of the	36017
property on or in the vicinity of the premises of the coal mine,	36018
or the reservoir, or the well requires that the well be	36019
reconditioned, inactivated, or plugged, and shall make an order	36020
consistent with that determination, provided that the chief shall	36021
not order a well plugged unless the chief first finds that there	36022
is underground leakage of gas therefrom.	36023

The plugging or reconditioning of each well described in a	36024
notice from a coal mine operator to a reservoir operator as	36025
provided in division (B) of section 1571.03 of the Revised Code,	36026
which must be plugged or reconditioned, shall be completed within	36027
such time as the gas storage well inspector may fix in the case of	36028
each such well. The plugging or reconditioning of each well	36029
described in a notice from a coal mine operator to a reservoir	36030
operator as provided in division (C) of section 1571.03 of the	36031
Revised Code, which must be plugged or reconditioned, shall be	36032
completed by the time the well, by reason of the extension of the	36033
boundary of the coal mine, is within two thousand linear feet of	36034
any part of the boundary of the mine. The plugging or	36035
reconditioning of each well described in a notice from a coal mine	36036
operator to a reservoir operator, as provided in division (D) of	36037
section 1571.03 of the Revised Code, which must be plugged or	36038
reconditioned, shall be completed by the time the well, by reason	36039
of the opening of the new mine, is within two thousand linear feet	36040
of any part of the boundary of the new mine. A reservoir operator	36041
who is required to complete the plugging or reconditioning of a	36042
well within a period of time fixed as in this division prescribed,	36043
may prior to the end of that period of time, notify the division	36044
and the mine operator from whom the reservoir operator received a	36045
notice as provided in division (B), (C), or (D) of section 1571.03	36046
of the Revised Code, in writing by registered mail, that the	36047
completion of the plugging or reconditioning of the well referred	36048
to in the notice will be delayed beyond the end of the period of	36049
time fixed therefor as in this section provided, and that the	36050
reservoir operator requests that a conference be held for the	36051
purpose of endeavoring to reach an agreement establishing a date	36052
subsequent to the end of that period of time, on or before which	36053
the reservoir operator may complete the plugging or reconditioning	36054
without incurring any penalties for failure to do so as provided	36055
in this chapter. If such a reservoir operator sends to such a mine	36056
operator and to the division a notice and request for a conference	36057
as in this division provided, the reservoir operator shall not	36058
incur any penalties for failure to complete the plugging or	36059
reconditioning of the well within the period of time fixed as in	36060
this division prescribed, unless the reservoir operator fails to	36061
complete the plugging or reconditioning of the well within the	36062
period of time fixed by an approved agreement reached in the	36063
conference, or fixed by an order by the chief upon a hearing held	36064
in the matter in the event of failure to reach an approved	36065
agreement in the conference.	36066

Whenever, in compliance with this division, a well is to be	36067
plugged by a reservoir operator, the operator shall give to the	36068
division notice thereof, as many days in advance as will be	36069
necessary for the gas storage well inspector or a deputy mine	36070
inspector to be present at the plugging. The notification shall be	36071
made on blanks furnished by the division and shall show the	36072
following information:	36073

(1) Name and address of the applicant;

36074

(2) The location of the well identified by section or lot	36075
number, city or village, and township and county;	36076

(3) The well name and number of each well to be plugged.

36077

(C) The operator shall give written notice at the same time	36078
to the owner of the land upon which the well is located, the	36079
owners or agents of the adjoining land, and adjoining well owners	36080
or agents of the operator's intention to abandon the well, and of	36081
the time when the operator will be prepared to commence plugging	36082
and filling the same. In addition to giving such notices, the	36083
reservoir operator shall also at the same time send a copy of the	36084
notice by registered mail to the coal mine operator, if any, who	36085
sent to the reservoir operator the notice as provided in division	36086
(B), (C), or (D) of section 1571.03 of the Revised Code, in order	36087
that the coal mine operator or the coal mine operator's designated	36088
representative may attend and observe the manner in which the	36089
plugging of the well is done.	36090

If the reservoir operator plugs the well without anthe gas	36091
storage well inspector ~~from the division~~or a deputy mine	36092
inspector being present to supervise the plugging, the reservoir	36093
operator shall send to the division and to the coal mine operator	36094
a copy of the report of the plugging of the well, including in the	36095
report:	36096

(1) The date of abandonment;

36097

(2) The name of the owner or operator of the well at the time	36098
of abandonment and the well owner's or operator's post office	36099
address;	36100

(3) The location of the well as to township and county and	36101
the name of the owner of the surface upon which the well is	36102
drilled, with the address thereof;	36103

(4) The date of the permit to drill;

36104

(5) The date when drilled;

36105

(6) Whether the well has been mapped;

36106

(7) The depth of the well;

36107

(8) The depth of the top of the sand to which the well was	36108
drilled;	36109

(9) The depth of each seam of coal drilled through;

36110

(10) A detailed report as to how the well was plugged, giving	36111
in particular the manner in which the coal and various sands were	36112
plugged, and the date of the plugging of the well, including	36113
therein the names of those who witnessed the plugging of the well.	36114

The report shall be signed by the operator or the operator's	36115
agent who plugged the well and verified by the oath of the party	36116
so signing. For the purposes of this section, a deputy mine	36117
inspector may take acknowledgements and administer oaths to the	36118
parties signing the report.	36119

Whenever, in compliance with this division, a well is to be	36120
reconditioned by a reservoir operator, the operator shall give to	36121
the division notice thereof as many days before the reconditioning	36122
is begun as will be necessary for the gas storage well inspector,	36123
or a deputy mine inspector, to be present at the reconditioning.	36124
No well shall be reconditioned if an inspector of the division is	36125
not present unless permission to do so has been granted by the	36126
chief. The reservoir operator, at the time of giving notice to the	36127
division as in this section required, also shall send a copy of	36128
the notice by registered mail to the coal mine operator, if any,	36129
who sent to the reservoir operator the notice as provided in	36130
division (B), (C), or (D) of section 1571.03 of the Revised Code,	36131
in order that the coal mine operator or the coal mine operator's	36132
designated representative may attend and observe the manner in	36133
which the reconditioning of the well is done.	36134

If the reservoir operator reconditions the well when nothe	36135
gas storage well inspector ~~of the division~~or a deputy mine	36136
inspector is not present to supervise the reconditioning, the	36137
reservoir operator shall make written report to the division	36138
describing the manner in which the reconditioning was done, and	36139
shall send to the coal mine operator a copy of the report by	36140
registered mail.	36141

(D) Wells that are required by this section to be plugged	36142
shall be plugged in the manner specified in sections 1509.13 to	36143
1509.17 of the Revised Code, and the operator shall give the	36144
notifications and reports required by divisions (B) and (C) of	36145
this section. No such well shall be plugged or abandoned without	36146
the written approval of the division, and no such well shall be	36147
mudded, plugged, or abandoned without the gas storage well	36148
inspector or a deputy mine inspector present unless written	36149
permission has been granted by the chief or the gas storage well	36150
inspector. For purposes of this section, the chief of the division	36151
of mineral resources management has the authority given the chief	36152
of the division of oil and gas resources management in sections	36153
1509.15 and 1509.17 of the Revised Code. If such a well has been	36154
plugged prior to the time plugging thereof is required by this	36155
section, and, on the basis of the data, information, and other	36156
evidence available it is determined that the plugging was done in	36157
the manner required by this section, or was done in accordance	36158
with statutes prescribing the manner of plugging wells in effect	36159
at the time the plugging was done, and that there is no evidence	36160
of leakage of gas from the well either at or below the surface,	36161
and that the plugging is sufficiently effective to prevent the	36162
leakage of gas from the well, the obligations imposed upon the	36163
reservoir operator by this section as to plugging the well shall	36164
be considered fully satisfied. The operator of a coal mine any	36165
part of the boundary of which is, or within nine months is	36166
expected or intended to be, within two thousand linear feet of the	36167
well may at any time raise a question as to whether the plugging	36168
of the well is sufficiently effective to prevent the leakage of	36169
gas therefrom, and the issue so made shall be determined by a	36170
conference or hearing as provided in section 1571.10 of the	36171
Revised Code.	36172

(E) Wells that are to be reconditioned as required by this	36173
section shall be, or shall be made to be:	36174

(1) Cased in accordance with the statutes of this state in	36175
effect at the time the wells were drilled, with the casing being,	36176
or made to be, sufficiently effective in that there is no evidence	36177
of any leakage of gas therefrom;	36178

(2) Equipped with a producing string and well head composed	36179
of new pipe, or pipe as good as new, and fittings designed to	36180
operate with safety and to contain the stored gas at maximum	36181
pressures contemplated.	36182

When a well that is to be reconditioned as required by this	36183
section has been reconditioned for use in the operation of the	36184
reservoir prior to the time prescribed in this section, and on the	36185
basis of the data, information, and other evidence available it is	36186
determined that at the time the well was so reconditioned the	36187
requirements prescribed in this division were met, and that there	36188
is no evidence of underground leakage of gas from the well, and	36189
that the reconditioning is sufficiently effective to prevent	36190
underground leakage from the well, the obligations imposed upon	36191
the reservoir operator by this section as to reconditioning the	36192
well shall be considered fully satisfied. Any operator of a coal	36193
mine any part of the boundary of which is, or within nine months	36194
is expected or intended to be, within two thousand linear feet of	36195
the well may at any time raise a question as to whether the	36196
reconditioning of the well is sufficiently effective to prevent	36197
underground leakage of gas therefrom, and the issue so made shall	36198
be determined by a conference or hearing as provided in section	36199
1571.10 of the Revised Code.	36200

If the gas storage well inspector at any time finds that a	36201
well that is drilled through the horizon of a coal mine and into	36202
or through the storage stratum or strata of a reservoir within the	36203
boundary of the reservoir or within its protective area is located	36204
within the boundary of the coal mine or within two thousand linear	36205
feet of the mine boundary, and was drilled prior to the time the	36206
statutes of this state required that wells be cased, and that the	36207
well fails to meet the casing and equipping requirements	36208
prescribed in this division, the gas storage well inspector shall	36209
promptly notify the operator of the reservoir thereof in writing,	36210
and the reservoir operator upon receipt of the notice shall	36211
promptly recondition the well in the manner prescribed in this	36212
division for reconditioning wells, unless, in a conference or	36213
hearing as provided in section 1571.10 of the Revised Code, a	36214
different course of action is agreed upon or ordered.	36215

(F)(1) When a well within the boundary of a gas storage	36216
reservoir or within the reservoir's protective area penetrates the	36217
storage stratum or strata of the reservoir, but does not penetrate	36218
the coal seam within the boundary of a coal mine, the gas storage	36219
well inspector may, upon application of the operator of the	36220
storage reservoir, exempt the well from the requirements of this	36221
section. Either party affected by the action of the gas storage	36222
well inspector may request a conference and hearing with respect	36223
to the exemption.	36224

(2) When a well located within the boundary of a storage	36225
reservoir or a reservoir's protective area is a producing well in	36226
a stratum above or below the storage stratum, the obligations	36227
imposed by this section shall not begin until the well ceases to	36228
be a producing well.	36229

(G) When retreat mining reaches a point in a coal mine when	36230
the operator of the mine expects that within ninety days retreat	36231
work will be at the location of a pillar surrounding an active	36232
storage reservoir well, the operator of the mine shall promptly	36233
send by registered mail notice to that effect to the operator of	36234
the reservoir. Thereupon the operators may by agreement determine	36235
whether it is necessary or advisable to temporarily inactivate the	36236
well. If inactivated, the well shall not be reactivated until a	36237
reasonable period of time has elapsed, such period of time to be	36238
determined by agreement by the operators. In the event that the	36239
parties cannot agree upon either of the foregoing matters, the	36240
question shall be submitted to the gas storage well inspector for	36241
a conference in accordance with section 1571.10 of the Revised	36242
Code.	36243

(H)(1) The provisions of this section that require the	36244
plugging or reconditioning of wells shall not apply to such wells	36245
as are used to inject gas into, store gas in, or remove gas from a	36246
gas storage reservoir when the sole purpose of the injection,	36247
storage, or removal is testing. The operator of a gas storage	36248
reservoir who injects gas into, stores gas in, or removes gas from	36249
a reservoir for the sole purpose of testing shall be subject to	36250
all other provisions of this chapter that are applicable to	36251
operators of reservoirs.	36252

(2) If the injection of gas into, or storage of gas in, a gas	36253
storage reservoir any part of which, or of the protective area of	36254
which, is within the boundary of a coal mine is begun after	36255
September 9, 1957, and if the injection or storage of gas is for	36256
the sole purpose of testing, the operator of the reservoir shall	36257
send by registered mail to the operator of the coal mine, the	36258
division of oil and gas resources management, and to the division	36259
of mineral resources management at least sixty days' notice of the	36260
date upon which the testing will be begun.	36261

If at any time within the period of time during which testing	36262
of a reservoir is in progress, any part of the reservoir or of its	36263
protective area comes within any part of the boundary of a coal	36264
mine, the operator of the reservoir shall promptly send notice to	36265
that effect by registered mail to the operator of the mine, the	36266
division of oil and gas resources management, and to the division	36267
of mineral resources management.	36268

(3) Any coal mine operator who receives a notice as provided	36269
for in division (H)(2) of this section may within thirty days of	36270
the receipt thereof file with the division objections to the	36271
testing. The gas storage well inspector also may, within the time	36272
within which a coal mine operator may file an objection, place in	36273
the files of the division objections to the testing. The reservoir	36274
operator shall comply throughout the period of the testing	36275
operations with all conditions and requirements agreed upon and	36276
approved in the conference on such objections conducted as	36277
provided in section 1571.10 of the Revised Code, or in an order	36278
made by the chief following a hearing in the matter as provided in	36279
section 1571.10 of the Revised Code. If in complying with the	36280
agreement or order either the reservoir operator or the coal mine	36281
operator encounters or discovers conditions that were not known to	36282
exist at the time of the conference or hearing and that materially	36283
affect the agreement or order, or the ability of the reservoir	36284
operator to comply therewith, either operator may apply for a	36285
rehearing or modification of the order.	36286

(I) In addition to complying with all other provisions of	36287
this chapter and any lawful orders issued thereunder, the operator	36288
of each gas storage reservoir shall keep all wells drilled into or	36289
through the storage stratum or strata within the boundary of the	36290
operator's reservoir or within the reservoir's protective area in	36291
such condition, and operate the same in such manner, as to prevent	36292
the escape of gas therefrom into any coal mine, and shall operate	36293
and maintain the storage reservoir and its facilities in such	36294
manner and at such pressures as will prevent gas from escaping	36295
from the reservoir or its facilities into any coal mine.	36296

Sec. 1571.06. (A) Distances between boundaries of gas	36297
storage reservoirs, reservoir protective areas, coal mines, coal	36298
mine protective areas, and wells, as shown on the most recent maps	36299
of storage reservoirs and of coal mines filed with the division of	36300
oil and gas resources management or the division of mineral	36301
resources management as required by this chapter and sections	36302
1563.03 to 1563.05 of the Revised Code, may be accepted and relied	36303
upon as being accurate and correct, by operators of coal mines and	36304
operators of reservoirs. Data, statements, and reports filed with	36305
~~the~~either division as required by this chapter and sections	36306
1563.03 to 1563.05 of the Revised Code may be likewise accepted	36307
and relied upon. However, the gas storage well inspector or any	36308
reservoir operator or coal mine operator, or any other person	36309
having a direct interest in the matter, may at any time question	36310
the accuracy or correctness of any map, data, statement, or report	36311
so filed, with ~~the~~either division by notifying ~~the division~~both	36312
divisions thereof in writing. Such notice shall state the reasons	36313
why the question is raised. When any such notice is so filed, the	36314
gas storage well inspector shall proceed promptly to hold a	36315
conference on the question thus raised, as provided in section	36316
1571.10 of the Revised Code.	36317

(B) If, in any proceeding under this chapter, the accuracy or	36318
correctness of any map, data, statement, or report, filed by any	36319
person pursuant to the requirements of this chapter is in	36320
question, the person so filing the same shall have the burden of	36321
proving the accuracy or correctness thereof.	36322

(C) The operator of a gas storage reservoir shall, at all	36323
reasonable times, be permitted to inspect the premises and	36324
facilities of any coal mine any part of the boundary of which is	36325
within any part of the boundary of such gas storage reservoir or	36326
within its protective area, and the operator of a coal mine shall,	36327
at all reasonable times, be permitted to inspect the premises and	36328
facilities of any gas storage reservoir any part of the boundary	36329
of which or any part of the protective area of which is within the	36330
boundary of such coal mine. In the event that either such	36331
reservoir operator or such coal mine operator denies permission to	36332
make any such inspection, the chief of the division of ~~mineral~~oil	36333
and gas resources management on the chief's own motion, or on an	36334
application by the operator desiring to make such inspection, upon	36335
a hearing thereon if requested by either operator, after	36336
reasonable notice of such hearing, may make an order providing for	36337
such inspection.	36338

Sec. 1571.08. (A) Whenever in this chapter, the method or	36339
material to be used in discharging any obligations imposed by this	36340
chapter is specified, an alternative method or material may be	36341
used if approved by the gas storage well inspector or the chief of	36342
the division of ~~mineral~~oil and gas resources management. A person	36343
desiring to use such alternative method or material shall file	36344
with the division of ~~mineral~~oil and gas resources management an	36345
application for permission to do so. Such application shall	36346
describe such alternative method or material in reasonable detail.	36347
The gas storage well inspector shall promptly send by registered	36348
mail notice of the filing of such application to any coal mine	36349
operator or reservoir operator whose mine or reservoir may be	36350
directly affected thereby. Any such coal mine operator or	36351
reservoir operator may within ten days following receipt of such	36352
notice, file with the division objections to such application. The	36353
gas storage well inspector may also file with the division an	36354
objection to such application at any time during which coal mine	36355
operators or reservoir operators are permitted to file objections.	36356
If no objections are filed within the ten-day period of time, the	36357
gas storage well inspector shall thereupon issue a permit	36358
approving the use of such alternative method or material. If any	36359
such objections are filed by any coal mine operator or reservoir	36360
operator, or by the gas storage well inspector, the question as to	36361
whether or not the use of such alternative method or material, or	36362
a modification thereof is approved, shall be determined by a	36363
conference or hearing as provided in section 1571.10 of the	36364
Revised Code.	36365

(B) Whenever in this chapter, provision is made for the	36366
filing of objections with the division, such objections shall be	36367
in writing and shall state as definitely as is reasonably possible	36368
the reasons for such objections. Upon the filing of any such	36369
objection the gas storage well inspector shall promptly fix the	36370
time and place for holding a conference for the purpose of	36371
discussing and endeavoring to resolve by mutual agreement the	36372
issue raised by such objection. The gas storage well inspector	36373
shall send written notice thereof by registered mail to each	36374
person having a direct interest therein. Thereupon the issue made	36375
by such objection shall be determined by a conference or hearing	36376
in accordance with the procedures for conferences and hearings as	36377
provided in section 1571.10 of the Revised Code.	36378

Sec. 1571.09. (A) The chief of the division of ~~mineral~~oil	36379
and gas resources management or any officer or employee of the	36380
division thereunto duly authorized by the chief may investigate,	36381
inspect, or examine records and facilities of any coal mine	36382
operator or reservoir operator, for the purpose of determining the	36383
accuracy or correctness of any map, data, statement, report, or	36384
other item or article, filed with or otherwise received by the	36385
division pursuant to this chapter. When a material question is	36386
raised by any reservoir operator or coal mine operator as to the	36387
accuracy or correctness of any such map, data, statement, report,	36388
or other item or article, which may directly affect the reservoir	36389
operator or coal mine operator, the matter shall be determined by	36390
a conference or hearing as provided in section 1571.10 of the	36391
Revised Code.	36392

(B) The division of ~~mineral~~oil and gas resources management	36393
shall keep all maps, data, statements, reports, well logs,	36394
notices, or other items or articles filed with or otherwise	36395
received by it pursuant to this chapter in a safe place and	36396
conveniently accessible to persons entitled to examine them. It	36397
shall maintain indexes of all such items and articles so that any	36398
of them may be promptly located. None of such items or articles	36399
shall be open to public inspection, but: (1) any of such items or	36400
articles pertaining to a mine may be examined by: the operator,	36401
owner, lessee, or agent of such mine; persons financially	36402
interested in such mine; owners of land adjoining such mine; the	36403
operator, owner, lessee, or agent of a mine adjoining such mine;	36404
authorized representatives of the persons employed to work in such	36405
mine; the operator of a gas storage reservoir any part of the	36406
boundary of which or of the boundary of its protective area is	36407
within ten thousand linear feet of the boundary of such mine, or	36408
the agent of such reservoir operator thereunto authorized by such	36409
reservoir operator; or any employee of the division of geological	36410
survey in the department of natural resources thereunto duly	36411
authorized by the chief of that division; and (2) any of such	36412
items or articles pertaining to a gas storage reservoir may be	36413
examined by: the operator of such reservoir; the operator of a	36414
coal mine any part of the boundary of which is within ten thousand	36415
linear feet of the boundary of a gas storage reservoir or of the	36416
boundary of its protective area, or the agent of such mine	36417
operator thereunto authorized by such mine operator, or the	36418
authorized representatives of the persons employed to work in such	36419
mine; or any employee of the division of geological survey	36420
thereunto duly authorized by the chief of that division. The	36421
division of ~~mineral~~oil and gas resources management shall not	36422
permit any of such items or articles to be removed from its	36423
office, and it shall not furnish copies of any such items or	36424
articles to any person other than as provided in this chapter.	36425

The division shall keep a docket of all proceedings arising	36426
under this chapter, in which shall be entered the dates of any	36427
notice received or issued, the names of all persons to whom it	36428
sends a notice, and the address of each, the dates of conferences	36429
and hearings, and all findings, determinations, decisions,	36430
rulings, and orders, or other actions by the division.	36431

(C) Whenever any provision of this chapter requires the	36432
division to give notice to the operator of a coal mine of any	36433
proceeding to be held pursuant to this chapter, the division shall	36434
simultaneously give a copy of such notice to the authorized	36435
representatives of the persons employed to work in such mine.	36436

Sec. 1571.10. (A) The gas storage well inspector or any	36437
person having a direct interest in the administration of this	36438
chapter may at any time file with the division of ~~mineral~~oil and	36439
gas resources management a written request that a conference be	36440
held for the purpose of discussing and endeavoring to resolve by	36441
mutual agreement any question or issue relating to the	36442
administration of this chapter, or to compliance with its	36443
provisions, or to any violation thereof. Such request shall	36444
describe the matter concerning which the conference is requested.	36445
Thereupon the gas storage well inspector shall promptly fix the	36446
time and place for the holding of such conference and shall send	36447
written notice thereof to each person having a direct interest	36448
therein. At such conference the gas storage well inspector or a	36449
representative of the division designated by the gas storage well	36450
inspector shall be in attendance, and shall preside at the	36451
conference, and the gas storage well inspector or designated	36452
representative may make such recommendations as the gas storage	36453
well inspector or designated representative deems proper. Any	36454
agreement reached at such conference shall be consistent with the	36455
requirements of this chapter and, if approved by the gas storage	36456
well inspector, it shall be reduced to writing and shall be	36457
effective. Any such agreement approved by the gas storage well	36458
inspector shall be kept on file in the division and a copy thereof	36459
shall be furnished to each of the persons having a direct interest	36460
therein. The conference shall be deemed terminated as of the date	36461
an approved agreement is reached or when any person having a	36462
direct interest therein refuses to confer thereafter. Such a	36463
conference shall be held in all cases prior to the holding of a	36464
hearing as provided in this section.	36465

(B) Within ten days after the termination of a conference at	36466
which no approved agreement is reached, any person who	36467
participated in such conference and who has a direct interest in	36468
the subject matter thereof, or the gas storage well inspector, may	36469
file with the chief of the division of ~~mineral~~oil and gas	36470
resources management a request that the chief hear and determine	36471
the matter or matters, or any part thereof considered at the	36472
conference. Thereupon the chief shall promptly fix the time and	36473
place for the holding of such hearing and shall send written	36474
notice thereof to each person having a direct interest therein.	36475
The form of the request for such hearing and the conduct of the	36476
hearing shall be in accordance with rules that the chief adopts	36477
under section 1571.11 of the Revised Code. Consistent with the	36478
requirement for reasonable notice each such hearing shall be held	36479
promptly after the filing of the request therefor. Any person	36480
having a direct interest in the matter to be heard shall be	36481
entitled to appear and be heard in person or by attorney. The	36482
division may present at such hearing any evidence that is material	36483
to the matter being heard and that has come to the division's	36484
attention in any investigation or inspection made pursuant to this	36485
chapter.	36486

(C) For the purpose of conducting such a hearing the chief	36487
may require the attendance of witnesses and the production of	36488
books, records, and papers, and the chief may, and at the request	36489
of any person having a direct interest in the matter being heard,	36490
the chief shall, issue subpoenas for witnesses or subpoenas duces	36491
tecum to compel the production of any books, records, or papers,	36492
directed to the sheriffs of the counties where such witnesses are	36493
found, which subpoenas shall be served and returned in the same	36494
manner as subpoenas in criminal cases are served and returned. The	36495
fees of sheriffs shall be the same as those allowed by the court	36496
of common pleas in criminal cases. Witnesses shall be paid the	36497
fees and mileage provided for under section 119.094 of the Revised	36498
Code. Such fee and mileage expenses shall be paid in advance by	36499
the persons at whose request they are incurred, and the remainder	36500
of such expenses shall be paid out of funds appropriated for the	36501
expenses of the division.	36502

In case of disobedience or neglect of any subpoena served on	36503
any person, or the refusal of any witness to testify to any matter	36504
regarding which the witness may be lawfully interrogated, the	36505
court of common pleas of the county in which such disobedience,	36506
neglect, or refusal occurs, or any judge thereof, on application	36507
of the chief, shall compel obedience by attachment proceedings for	36508
contempt as in the case of disobedience of the requirements of a	36509
subpoena issued from such court or a refusal to testify therein.	36510
Witnesses at such hearings shall testify under oath, and the chief	36511
may administer oaths or affirmations to persons who so testify.	36512

(D) With the consent of the chief, the testimony of any	36513
witness may be taken by deposition at the instance of a party to	36514
any hearing before the chief at any time after hearing has been	36515
formally commenced. The chief may, of the chief's own motion,	36516
order testimony to be taken by deposition at any stage in any	36517
hearing, proceeding, or investigation pending before the chief.	36518
Such deposition shall be taken in the manner prescribed by the	36519
laws of this state for taking depositions in civil cases in courts	36520
of record.	36521

(E) After the conclusion of a hearing the chief shall make a	36522
determination and finding of facts. Every adjudication,	36523
determination, or finding by the chief shall be made by written	36524
order and shall contain a written finding by the chief of the	36525
facts upon which the adjudication, determination, or finding is	36526
based. Notice of the making of such order shall be given to the	36527
persons whose rights, duties, or privileges are affected thereby,	36528
by sending a certified copy thereof by registered mail to each of	36529
such persons.	36530

Adjudications, determinations, findings, and orders made by	36531
the chief shall not be governed by, or be subject to, Chapter 119.	36532
of the Revised Code.	36533

Sec. 1571.11. The chief of the division of ~~mineral~~oil and	36534
gas resources management shall adopt rules governing	36535
administrative procedures to be followed in the administration of	36536
this chapter, which shall be of general application in all matters	36537
and to all persons affected by this chapter.	36538

No rule adopted by the chief pursuant to this section shall	36539
be effective until the tenth day after a certified copy thereof	36540
has been filed in the office of the secretary of state.	36541

All rules filed in the office of the secretary of state	36542
pursuant to this section shall be recorded by the secretary of	36543
state under a heading entitled "Regulations relating to the	36544
storage of gas in underground gas storage reservoirs" and shall be	36545
numbered consecutively under such heading and shall bear the date	36546
of filing. Such rules shall be public records open to public	36547
inspection.	36548

No rule filed in the office of the secretary of state	36549
pursuant to this section shall be amended except by a rule that	36550
contains the entire rule as amended and that repeals the rule	36551
amended. Each rule that amends a rule shall bear the same	36552
consecutive rule number as the number of the rule that it amends,	36553
and it shall bear the date of filing.	36554

No rule filed in the office of the secretary of state	36555
pursuant to this section shall be repealed except by a rule. Each	36556
rule that repeals a rule shall bear the same consecutive rule	36557
number as the number of the rule that it repeals, and it shall	36558
bear the date of filing.	36559

The authority and the duty of the chief to adopt rules as	36560
provided in this section shall not be governed by, or be subject	36561
to Chapter 119. of the Revised Code.	36562

The chief shall have available at all times copies of all	36563
rules adopted pursuant to this section, and shall furnish same	36564
free of charge to any person requesting same.	36565

Sec. 1571.14. Any person claiming to be aggrieved or	36566
adversely affected by an order of the chief of the division of	36567
~~mineral~~oil and gas resources management made as provided in	36568
section 1571.10 or 1571.16 of the Revised Code may appeal to the	36569
director of natural resources for an order vacating or modifying	36570
such order. Upon receipt of the appeal, the director shall appoint	36571
an individual who has knowledge of the laws and rules regarding	36572
the underground storage of gas and who shall act as a hearing	36573
officer in accordance with Chapter 119. of the Revised Code in	36574
hearing the appeal.	36575

The person appealing to the director shall be known as	36576
appellant and the chief shall be known as appellee. The appellant	36577
and the appellee shall be deemed parties to the appeal.	36578

The appeal shall be in writing and shall set forth the order	36579
complained of and the grounds upon which the appeal is based. The	36580
appeal shall be filed with the director within thirty days after	36581
the date upon which appellant received notice by registered mail	36582
of the making of the order complained of, as required by section	36583
1571.10 of the Revised Code. Notice of the filing of such appeal	36584
shall be delivered by appellant to the chief within three days	36585
after the appeal is filed with the director.	36586

Within seven days after receipt of the notice of appeal the	36587
chief shall prepare and certify to the director at the expense of	36588
appellant a complete transcript of the proceedings out of which	36589
the appeal arises, including a transcript of the testimony	36590
submitted to the chief.	36591

Upon the filing of the appeal the director shall fix the time	36592
and place at which the hearing on the appeal will be held, and	36593
shall give appellant and the chief at least ten days' written	36594
notice thereof by mail. The director may postpone or continue any	36595
hearing upon the director's own motion or upon application of	36596
appellant or of the chief.	36597

The filing of an appeal provided for in this section does not	36598
automatically suspend or stay execution of the order appealed	36599
from, but upon application by the appellant the director may	36600
suspend or stay such execution pending determination of the appeal	36601
upon such terms as the director deems proper.	36602

The hearing officer appointed by the director shall hear the	36603
appeal de novo, and either party to the appeal may submit such	36604
evidence as the hearing officer deems admissible.	36605

For the purpose of conducting a hearing on an appeal, the	36606
hearing officer may require the attendance of witnesses and the	36607
production of books, records, and papers, and may, and at the	36608
request of any party shall, issue subpoenas for witnesses or	36609
subpoenas duces tecum to compel the production of any books,	36610
records, or papers, directed to the sheriffs of the counties where	36611
such witnesses are found, which subpoenas shall be served and	36612
returned in the same manner as subpoenas in criminal cases are	36613
served and returned. The fees of sheriffs shall be the same as	36614
those allowed by the court of common pleas in criminal cases.	36615
Witnesses shall be paid the fees and mileage provided for under	36616
section 119.094 of the Revised Code. Such fee and mileage expenses	36617
incurred at the request of appellant shall be paid in advance by	36618
appellant, and the remainder of such expenses shall be paid out of	36619
funds appropriated for the expenses of the division of ~~mineral~~oil	36620
and gas resources management.	36621

In case of disobedience or neglect of any subpoena served on	36622
any person, or the refusal of any witness to testify to any matter	36623
regarding which the witness may be lawfully interrogated, the	36624
court of common pleas of the county in which such disobedience,	36625
neglect, or refusal occurs, or any judge thereof, on application	36626
of the director, shall compel obedience by attachment proceedings	36627
for contempt as in the case of disobedience of the requirements of	36628
a subpoena issued from such court or a refusal to testify therein.	36629
Witnesses at such hearings shall testify under oath, and the	36630
hearing officer may administer oaths or affirmations to persons	36631
who so testify.	36632

At the request of any party to the appeal, a stenographic	36633
record of the testimony and other evidence submitted shall be	36634
taken by an official court shorthand reporter at the expense of	36635
the party making the request therefor. The record shall include	36636
all of the testimony and other evidence and the rulings on the	36637
admissibility thereof presented at the hearing. The hearing	36638
officer shall pass upon the admissibility of evidence, but any	36639
party may at the time object to the admission of any evidence and	36640
except to the ruling of the hearing officer thereon, and if the	36641
hearing officer refuses to admit evidence, the party offering same	36642
may make a proffer thereof, and such proffer shall be made a part	36643
of the record of such hearing.	36644

If upon completion of the hearing the hearing officer finds	36645
that the order appealed from was lawful and reasonable, the	36646
hearing officer shall make a written order affirming the order	36647
appealed from. If the hearing officer finds that such order was	36648
unreasonable or unlawful, the hearing officer shall make a written	36649
order vacating the order appealed from and making the order that	36650
it finds the chief should have made. Every order made by the	36651
hearing officer shall contain a written finding by the hearing	36652
officer of the facts upon which the order is based. Notice of the	36653
making of such order shall be given forthwith to each party to the	36654
appeal by mailing a certified copy thereof to each such party by	36655
registered mail.	36656

Sec. 1571.16. (A) The gas storage well inspector or any	36657
person having a direct interest in the subject matter of this	36658
chapter may file with the division of ~~mineral~~oil and gas	36659
resources management a complaint in writing stating that a person	36660
is violating, or is about to violate, a provision or provisions of	36661
this chapter, or has done, or is about to do, an act, matter, or	36662
thing therein prohibited or declared to be unlawful, or has	36663
failed, omitted, neglected, or refused, or is about to fail, omit,	36664
neglect, or refuse, to perform a duty enjoined upon the person by	36665
this chapter. Upon the filing of such a complaint, the chief of	36666
the division of ~~mineral~~oil and gas resources management shall	36667
promptly fix the time for the holding of a hearing on such	36668
complaint and shall send by registered mail to the person so	36669
complained of, a copy of such complaint together with at least	36670
five days' notice of the time and place at which such hearing will	36671
be held. Such notice of such hearing shall also be given to all	36672
persons having a direct interest in the matters complained of in	36673
such complaint. Such hearing shall be conducted in the same	36674
manner, and the chief and persons having a direct interest in the	36675
matter being heard, shall have the same powers, rights, and duties	36676
as provided in divisions (B), (C), (D), and (E) of section 1571.10	36677
of the Revised Code, in connection with hearings by the chief,	36678
provided that if after conclusion of the hearing the chief finds	36679
that the charges against the person complained of, as stated in	36680
such complaint, have not been sustained by a preponderance of	36681
evidence, the chief shall make an order dismissing the complaint,	36682
and if the chief finds that the charges have been so sustained,	36683
the chief shall by appropriate order require compliance with those	36684
provisions.	36685

(B) Whenever the chief is of the opinion that any person is	36686
violating, or is about to violate, any provision of this chapter,	36687
or has done, or is about to do, any act, matter, or thing therein	36688
prohibited or declared to be unlawful, or has failed, omitted,	36689
neglected, or refused, or is about to fail, omit, neglect, or	36690
refuse, to perform any duty enjoined upon the person by this	36691
chapter, or has failed, omitted, neglected, or refused, or is	36692
about to fail, omit, neglect, or refuse, to obey any lawful	36693
requirement or order made by the chief, or any final judgment,	36694
order, or decree made by any court pursuant to this chapter, then	36695
and in every such case, the chief may institute in a court of	36696
competent jurisdiction of the county or counties wherein the	36697
operation is situated, an action to enjoin or restrain such	36698
violations or to enforce obedience with law or the orders of the	36699
chief. No injunction bond shall be required to be filed in any	36700
such proceeding. Such persons or corporations as the court may	36701
deem necessary or proper to be joined as parties in order to make	36702
its judgment, order, or writ effective may be joined as parties.	36703
An appeal may be taken as in other civil actions.	36704

(C) In addition to the other remedies as provided in	36705
divisions (A) and (B) of this section, any reservoir operator or	36706
coal mine operator affected by this chapter may proceed by	36707
injunction or other appropriate remedy to restrain violations or	36708
threatened violations of this chapter or of orders of the chief,	36709
or of the hearing officer appointed under section 1571.14 of the	36710
Revised Code, or the judgments, orders, or decrees of any court or	36711
to enforce obedience therewith.	36712

(D) Each remedy prescribed in divisions (A), (B), and (C) of	36713
this section is deemed concurrent or contemporaneous with each	36714
other remedy prescribed therein, and the existence or exercise of	36715
any one such remedy shall not prevent the exercise of any other	36716
such remedy.	36717

(E) The provisions of this chapter providing for conferences,	36718
hearings by the chief, appeals to the hearing officer from orders	36719
of the chief, and appeals to the court of common pleas from orders	36720
of the hearing officer, and the remedies prescribed in divisions	36721
(A), (B), (C), and (D) of this section, do not constitute the	36722
exclusive procedure that a person, who deems the person's rights	36723
to be unlawfully affected by any official action taken thereunder,	36724
must pursue in order to protect and preserve such rights, nor does	36725
this chapter constitute a procedure that such a person must pursue	36726
before the person may lawfully proceed by other actions, legal or	36727
equitable, to protect and preserve such rights.	36728

Sec. 1571.18. After ~~the effective date of this section~~June	36729
30, 2010, and not later than the thirty-first day of March each	36730
year, the owner of a well that is used for gas storage or of a	36731
well that is used to monitor a gas storage reservoir and that is	36732
located in a reservoir protective area shall pay to the chief of	36733
the division of ~~mineral~~oil and gas resources management a gas	36734
storage well regulatory fee of one hundred twenty-five dollars for	36735
each well that the owner owned as of the thirty-first day of	36736
December of the previous year for the purposes of administering	36737
this chapter and Chapter 1509. of the Revised Code. The chief may	36738
prescribe and provide a form for the collection of the fee imposed	36739
by this section and may adopt rules in accordance with Chapter	36740
119. of the Revised Code that are necessary for the administration	36741
of this section.	36742

All money collected under this section shall be deposited in	36743
the state treasury to the credit of the oil and gas well fund	36744
created in section 1509.02 of the Revised Code.	36745

Sec. 1571.99. Any person who purposely violates any order of	36746
the chief of the division of ~~mineral~~oil and gas resources	36747
management, of a hearing officer appointed by the director of	36748
natural resources under section 1571.14 of the Revised Code, or of	36749
the director, made pursuant to this chapter shall be punished by a	36750
fine not exceeding two thousand dollars, or imprisoned in jail for	36751
a period not exceeding twelve months, or both, in the discretion	36752
of the court.	36753

Sec. 1701.07. (A) Every corporation shall have and maintain	36754
an agent, sometimes referred to as the "statutory agent," upon	36755
whom any process, notice, or demand required or permitted by	36756
statute to be served upon a corporation may be served. The agent	36757
may be a natural person who is a resident of this state or may be	36758
a domestic corporation or a foreign corporation holding a license	36759
as such under the laws of this state, that is authorized by its	36760
articles of incorporation to act as such agent and that has a	36761
business address in this state.	36762

(B) The secretary of state shall not accept original articles	36763
for filing unless there is filed with the articles a written	36764
appointment of an agent that is signed by the incorporators of the	36765
corporation or a majority of them and a written acceptance of the	36766
appointment that is signed by the agent. In all other cases, the	36767
corporation shall appoint the agent and shall file in the office	36768
of the secretary of state a written appointment of the agent that	36769
is signed by any authorized officer of the corporation and a	36770
written acceptance of the appointment that is either the original	36771
acceptance signed by the agent or a photocopy, facsimile, or	36772
similar reproduction of the original acceptance signed by the	36773
agent.	36774

(C) The written appointment of an agent shall set forth the	36775
name and address in this state of the agent, including the street	36776
and number or other particular description, and shall otherwise be	36777
in such form as the secretary of state prescribes. The secretary	36778
of state shall keep a record of the names of corporations, and the	36779
names and addresses of their respective agents.	36780

(D) If any agent dies, removes from the state, or resigns,	36781
the corporation shall forthwith appoint another agent and file	36782
with the secretary of state, on a form prescribed by the secretary	36783
of state, a written appointment of the agent.	36784

(E) If the agent changes the agent's address from that	36785
appearing upon the record in the office of the secretary of state,	36786
the corporation or the agent shall forthwith file with the	36787
secretary of state, on a form prescribed by the secretary of	36788
state, a written statement setting forth the new address.	36789

(F) An agent may resign by filing with the secretary of	36790
state, on a form prescribed by the secretary of state, a written	36791
notice to that effect that is signed by the agent and by sending a	36792
copy of the notice to the corporation at the current or last known	36793
address of its principal office on or prior to the date the notice	36794
is filed with the secretary of state. The notice shall set forth	36795
the name of the corporation, the name and current address of the	36796
agent, the current or last known address, including the street and	36797
number or other particular description, of the corporation's	36798
principal office, the resignation of the agent, and a statement	36799
that a copy of the notice has been sent to the corporation within	36800
the time and in the manner prescribed by this division. Upon the	36801
expiration of thirty days after the filing, the authority of the	36802
agent shall terminate.	36803

(G) A corporation may revoke the appointment of an agent by	36804
filing with the secretary of state, on a form prescribed by the	36805
secretary of state, a written appointment of another agent and a	36806
statement that the appointment of the former agent is revoked.	36807

(H) Any process, notice, or demand required or permitted by	36808
statute to be served upon a corporation may be served upon the	36809
corporation by delivering a copy of it to its agent, if a natural	36810
person, or by delivering a copy of it at the address of its agent	36811
in this state, as the address appears upon the record in the	36812
office of the secretary of state. If (1) the agent cannot be	36813
found, or (2) the agent no longer has that address, or (3) the	36814
corporation has failed to maintain an agent as required by this	36815
section, and if in any such case the party desiring that the	36816
process, notice, or demand be served, or the agent or	36817
representative of the party, shall have filed with the secretary	36818
of state an affidavit stating that one of the foregoing conditions	36819
exists and stating the most recent address of the corporation that	36820
the party after diligent search has been able to ascertain, then	36821
service of process, notice, or demand upon the secretary of state,	36822
as the agent of the corporation, may be initiated by delivering to	36823
the secretary of state or at the secretary of state's office	36824
quadruplicate copies of such process, notice, or demand and by	36825
paying to the secretary of state a fee of five dollars. The	36826
secretary of state shall forthwith give notice of the delivery to	36827
the corporation at its principal office as shown upon the record	36828
in the secretary of state's office and at any different address	36829
shown on its last franchise tax report filed in this state, or to	36830
the corporation at any different address set forth in the above	36831
mentioned affidavit, and shall forward to the corporation at said	36832
addresses, by certified mail, with request for return receipt, a	36833
copy of the process, notice, or demand; and thereupon service upon	36834
the corporation shall be deemed to have been made.	36835

(I) The secretary of state shall keep a record of each	36836
process, notice, and demand delivered to the secretary of state or	36837
at the secretary of state's office under this section or any other	36838
law of this state that authorizes service upon the secretary of	36839
state, and shall record the time of the delivery and the action	36840
thereafter with respect thereto.	36841

(J) This section does not limit or affect the right to serve	36842
any process, notice, or demand upon a corporation in any other	36843
manner permitted by law.	36844

(K) Every corporation shall state in each annual report filed	36845
by it with the department of taxation the name and address of its	36846
statutory agent.	36847

(L) Except when an original appointment of an agent is filed	36848
with the original articles, a written appointment of an agent or a	36849
written statement filed by a corporation with the secretary of	36850
state shall be signed by any authorized officer of the corporation	36851
or by the incorporators of the corporation or a majority of them	36852
if no directors have been elected.	36853

(M) For filing a written appointment of an agent other than	36854
one filed with original articles, and for filing a statement of	36855
change of address of an agent, the secretary of state shall charge	36856
and collect the fee specified in division (R) of section 111.16 of	36857
the Revised Code.	36858

(N) Upon the failure of a corporation to appoint another	36859
agent or to file a statement of change of address of an agent, the	36860
secretary of state shall give notice thereof by ~~certified~~ordinary	36861
or electronic mail to the corporation at the electronic mail	36862
address provided to the secretary of state, or at the address set	36863
forth in the notice of resignation or on the last franchise tax	36864
return filed in this state by the corporation. Unless the default	36865
is cured within thirty days after the mailing by the secretary of	36866
state of the notice or within any further period of time that the	36867
secretary of state grants, upon the expiration of that period of	36868
time from the date of the mailing, the articles of the corporation	36869
shall be canceled without further notice or action by the	36870
secretary of state. The secretary of state shall make a notation	36871
of the cancellation on the secretary of state's records.	36872

A corporation whose articles have been canceled may be	36873
reinstated by filing, on a form prescribed by the secretary of	36874
state, an application for reinstatement and the required	36875
appointment of agent or required statement, and by paying the	36876
filing fee specified in division (Q) of section 111.16 of the	36877
Revised Code. The rights, privileges, and franchises of a	36878
corporation whose articles have been reinstated are subject to	36879
section 1701.922 of the Revised Code. The secretary of state shall	36880
furnish the tax commissioner a monthly list of all corporations	36881
canceled and reinstated under this division.	36882

(O) This section does not apply to banks, trust companies,	36883
insurance companies, or any corporation defined under the laws of	36884
this state as a public utility for taxation purposes.	36885

Sec. 1702.01. As used in this chapter, unless the context	36886
otherwise requires:	36887

(A) "Corporation" or "domestic corporation" means a nonprofit	36888
corporation formed under the laws of this state, or a business	36889
corporation formed under the laws of this state that, by amendment	36890
to its articles as provided by law, becomes a nonprofit	36891
corporation.	36892

(B) "Foreign corporation" means a nonprofit corporation	36893
formed under the laws of another state.	36894

(C) "Nonprofit corporation" means a domestic or foreign	36895
corporation that is formed otherwise than for the pecuniary gain	36896
or profit of, and whose net earnings or any part of them is not	36897
distributable to, its members, directors, officers, or other	36898
private persons, except that the payment of reasonable	36899
compensation for services rendered and the distribution of assets	36900
on dissolution as permitted by section 1702.49 of the Revised Code	36901
is not pecuniary gain or profit or distribution of net earnings.	36902
In a corporation all of whose members are nonprofit corporations,	36903
distribution to members does not deprive it of the status of a	36904
nonprofit corporation.	36905

(D) "State" means the United States; any state, territory,	36906
insular possession, or other political subdivision of the United	36907
States, including the District of Columbia; any foreign country or	36908
nation; and any province, territory, or other political	36909
subdivision of a foreign country or nation.	36910

(E) "Articles" includes original articles of incorporation,	36911
agreements of merger or consolidation if and only to the extent	36912
that articles of incorporation are adopted or amended in the	36913
agreements, amended articles, and amendments to any of these, and,	36914
in the case of a corporation created before September 1, 1851, the	36915
special charter and any amendments to it made by special act of	36916
the general assembly or pursuant to general law.	36917

(F) "Incorporator" means a person who signed the original	36918
articles of incorporation.	36919

(G) "Member" means one having membership rights and	36920
privileges in a corporation in accordance with its articles or	36921
regulations.	36922

(H) "Voting member" means a member possessing voting rights,	36923
either generally or in respect of the particular question	36924
involved, as the case may be.	36925

(I) "Person" includes, but is not limited to, a nonprofit	36926
corporation, a business corporation, a partnership, an	36927
unincorporated society or association, and two or more persons	36928
having a joint or common interest.	36929

(J) The location of the "principal office" of a corporation	36930
is the place named as such in its articles.	36931

(K) "Directors" means the persons vested with the authority	36932
to conduct the affairs of the corporation irrespective of the	36933
name, such as trustees, by which they are designated.	36934

(L) "Insolvent" means that the corporation is unable to pay	36935
its obligations as they become due in the usual course of its	36936
affairs.	36937

(M)(1) Subject to division (M)(2) of this section,	36938
"volunteer" means a director, officer, or agent of a corporation,	36939
or another person associated with a corporation, who satisfies	36940
both of the following:	36941

(a) Performs services for or on behalf of, and under the	36942
authority or auspices of, that corporation;	36943

(b) Does not receive compensation, either directly or	36944
indirectly, for performing those services.	36945

(2) For purposes of division (M)(1) of this section,	36946
"compensation" does not include any of the following:	36947

(a) Actual and necessary expenses that are incurred by a	36948
volunteer in connection with the services performed for a	36949
corporation, and that are reimbursed to the volunteer or otherwise	36950
paid;	36951

(b) Insurance premiums paid on behalf of a volunteer, and	36952
amounts paid or reimbursed, pursuant to division (E) of section	36953
1702.12 of the Revised Code;	36954

36955

(N) "Business corporation" means any entity, as defined in	36956
section 1701.01 of the Revised Code, other than a public benefit	36957
corporation or a mutual benefit corporation, that is organized	36958
pursuant to Chapter 1701. of the Revised Code.	36959

(O) "Mutual benefit corporation" means any corporation	36960
organized under this chapter other than a public benefit	36961
corporation.	36962

(P) "Public benefit corporation" means a corporation that is	36963
recognized as exempt from federal income taxation under section	36964
501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085,	36965
26 U.S.C. 1, as amended, or is organized for a public or	36966
charitable purpose and that upon dissolution must distribute its	36967
assets to a public benefit corporation, the United States, a state	36968
or any political subdivision of a state, or a person that is	36969
recognized as exempt from federal income taxation under section	36970
501(c)(3) of the "Internal Revenue Code of 1986," as amended.	36971
"Public benefit corporation" does not include a nonprofit	36972
corporation that is organized by one or more municipal	36973
corporations to further a public purpose that is not a charitable	36974
purpose.	36975

(Q) "Authorized communications equipment" means any	36976
communications equipment that provides a transmission, including,	36977
but not limited to, by telephone, telecopy, or any electronic	36978
means, from which it can be determined that the transmission was	36979
authorized by, and accurately reflects the intention of, the	36980
member or director involved and, with respect to meetings, allows	36981
all persons participating in the meeting to contemporaneously	36982
communicate with each other.	36983

(R) "Entity" means any of the following:

36984

(1) A nonprofit corporation existing under the laws of this	36985
state or any other state;	36986

(2) Any of the following organizations existing under the	36987
laws of this state, the United States, or any other state:	36988

(a) A common law trust;

36989

(b) An unincorporated nonprofit organization, including a	36990
general or limited partnership;	36991

36992

(d) A for profit corporation.

36993

Sec. 1702.461. (A) Subject to division (B)(2) of this	36994
section and pursuant to a written declaration of conversion as	36995
provided in this section, a domestic corporation may be converted	36996
into a domestic or foreign entity other than a for profit	36997
corporation or a domestic corporation. The conversion also must be	36998
permitted by the laws under which the converted entity will exist.	36999

(B)(1) The written declaration of conversion shall set forth	37000
all of the following:	37001

(a) The name and form of entity that is being converted, the	37002
name and form of entity into which the entity will be converted,	37003
and the jurisdiction of formation of the converted entity;	37004

(b) If the converted entity is a domestic entity, the	37005
complete terms of all documents required under the applicable	37006
chapter of the Revised Code to form the converted entity;	37007

(c) If the converted entity is a foreign entity, all of the	37008
following:	37009

(i) The complete terms of all documents required under the	37010
law of its formation to form the converted entity;	37011

(ii) The consent of the converted entity to be sued and	37012
served with process in this state, and the irrevocable appointment	37013
of the secretary of state as the agent of the converted entity to	37014
accept service of process in this state to enforce against the	37015
converted entity any obligation of the converting corporation or	37016
to enforce the rights of a dissenting shareholder of the	37017
converting corporation;	37018

(iii) If the converted entity desires to transact business in	37019
this state, the information required to qualify or to be licensed	37020
under the applicable chapter of the Revised Code.	37021

(d) All other statements and matters required to be set forth	37022
in the declaration of conversion by the applicable chapter of the	37023
Revised Code, if the converted entity is a domestic entity, or by	37024
the laws under which the converted entity will be formed, if the	37025
converted entity is a foreign entity;	37026

(e) The terms of the conversion, the mode of carrying them	37027
into effect, and the manner and basis of converting the interests	37028
of the converting corporation into, or substituting the interests	37029
in the converting corporation for, interests in the converted	37030
entity.	37031

(2) No conversion or substitution described in this section	37032
shall be effected if there are reasonable grounds to believe that	37033
the conversion or substitution would render the converted entity	37034
unable to pay its obligations as they become due in the usual	37035
course of its affairs.	37036

(C) The written declaration of conversion may set forth any	37037
of the following:	37038

(1) The effective date of the conversion, which date may be	37039
on or after the date of the filing of the certificate of	37040
conversion;	37041

(2) A provision authorizing, prior to the filing of the	37042
certificate of conversion pursuant to section 1702.462 of the	37043
Revised Code, the converting corporation to abandon the proposed	37044
conversion by action of the trustees of the converting corporation	37045
or by the same vote as was required to adopt the declaration of	37046
conversion;	37047

(3) A statement of, or a statement of the method to be used	37048
to determine, the fair value of the assets owned by the converting	37049
corporation at the time of the conversion;	37050

(4) The parties to the declaration of conversion in addition	37051
to the converting entity;	37052

(5) Any additional provision necessary or desirable with	37053
respect to the proposed conversion or the converted entity.	37054

(D) The trustees of the domestic converting corporation must	37055
approve the declaration of conversion to effect the conversion,	37056
and the declaration of conversion must be adopted by the members	37057
of the domestic converting corporation, at a meeting held for the	37058
purpose.	37059

(E) Notice of each meeting of members of a domestic	37060
converting corporation at which a declaration of conversion is to	37061
be submitted shall be given to all members of that corporation,	37062
whether or not they are entitled to vote, and shall be accompanied	37063
by a copy or a summary of the material provisions of the	37064
declaration of conversion.	37065

(F) The vote required to adopt a declaration of conversion at	37066
a meeting of the members of a domestic converting corporation is	37067
the affirmative vote of the members of that corporation entitling	37068
them to exercise at least two-thirds of the voting power of the	37069
corporation on the proposal or a different proportion as provided	37070
in the articles, but not less than a majority, or, if the	37071
conversion is to a foreign corporation, a different proportion as	37072
the articles provide for a merger or consolidation, and the	37073
affirmative vote of the members of any particular class as	37074
required by the articles of the converting corporation.	37075

If the declaration of conversion would authorize any	37076
particular corporate action that under any applicable provision of	37077
law or the articles could be authorized only by or pursuant to a	37078
specified vote of members, the declaration of conversion also must	37079
be adopted by the same affirmative vote as required for such	37080
action.	37081

(G)(1) At any time before the filing of the certificate of	37082
conversion pursuant to section 1702.462 of the Revised Code, the	37083
conversion may be abandoned by the trustees of the converting	37084
corporation, if the trustees are authorized to do so by the	37085
declaration of conversion, or by the same vote of the members as	37086
was required to adopt the declaration of conversion.	37087

(2) The declaration of conversion may contain a provision	37088
authorizing the trustees of the converting corporation to amend	37089
the declaration of conversion at any time before the filing of the	37090
certificate of conversion pursuant to section 1702.462 of the	37091
Revised Code, except that, after the adoption of the declaration	37092
of conversion by the members of the converting corporation, the	37093
trustees may not amend the declaration of conversion to do any of	37094
the following:	37095

(a) Alter or change any term of the organizational documents	37096
of the converted entity except for alterations or changes that are	37097
adopted with the vote or action of the persons, the vote or action	37098
of which would be required for the alteration or change after the	37099
conversion;	37100

(b) Alter or change any other terms and conditions of the	37101
declaration of conversion if any of the alterations or changes,	37102
alone or in the aggregate, materially and adversely would affect	37103
the members of the converting corporation.	37104

Sec. 1702.462. (A) Upon the adoption of a declaration of	37105
conversion pursuant to section 1702.461 of the Revised Code, or at	37106
a later time as authorized by the declaration of conversion, a	37107
certificate of conversion that is signed by an authorized	37108
representative of the converting entity shall be filed with the	37109
secretary of state. The certificate shall be on a form prescribed	37110
by the secretary of state and shall set forth only the information	37111
required under division (B) of this section.	37112

(B)(1) The certificate of conversion shall set forth all of	37113
the following:	37114

(a) The name and form of entity of the converting entity and	37115
the state under the laws of which the converting entity exists;	37116

(b) A statement that the converting entity has complied with	37117
all of the laws under which it exists and that the laws permit the	37118
conversion;	37119

(c) The name and mailing address of the person or entity that	37120
is to provide a copy of the declaration of conversion in response	37121
to any written request made by a member of the converting entity;	37122

(d) The effective date of the conversion, which date may be	37123
on or after the date of the filing of the certificate pursuant to	37124
this section;	37125

(e) The signature of the representative or representatives	37126
authorized to sign the certificate on behalf of the converting	37127
entity and the office held or the capacity in which the	37128
representative is acting;	37129

(f) A statement that the declaration of conversion is	37130
authorized on behalf of the converting entity and that each person	37131
signing the certificate on behalf of the converting entity is	37132
authorized to do so;	37133

(g) The name and the form of the converted entity and the	37134
state under the laws of which the converted entity will exist;	37135

(h) If the converted entity is a foreign entity that will not	37136
be licensed in this state, the name and address of the statutory	37137
agent upon whom any process, notice, or demand may be served.	37138

(2) In the case of a conversion into a limited liability	37139
company, limited partnership, or other partnership, any	37140
organizational document, including a designation of agent, that	37141
would be filed upon the creation of the new entity shall be filed	37142
with the certificate of conversion.	37143

(3) If the converted entity is a foreign entity that desires	37144
to transact business in this state, the certificate of conversion	37145
shall be accompanied by the information required by divisions	37146
(B)(1)(c)(ii) and (iii) of section 1702.461 of the Revised Code.	37147

(4) If a foreign or domestic corporation licensed to transact	37148
business in this state is the converting entity, the certificate	37149
of conversion shall be accompanied by the affidavits, receipts,	37150
certificates, or other evidence required by division (G) of	37151
section 1702.47 of the Revised Code, with respect to a converting	37152
domestic corporation, and by the affidavits, receipts,	37153
certificates, or other evidence required by division (C) or (D) of	37154
section 1703.17 of the Revised Code with respect to a foreign	37155
corporation.	37156

(C) If the converting entity or the converted entity is	37157
organized or formed under the laws of a state other than this	37158
state or under any chapter of the Revised Code other than this	37159
chapter, all documents required to be filed in connection with the	37160
conversion by the laws of that state or that chapter shall be	37161
filed in the proper office.	37162

(D) Upon the filing of a certificate of conversion and other	37163
filings required by division (C) of this section or at any later	37164
date that the certificate of conversion specifies, the conversion	37165
is effective, subject to the limitation that no conversion shall	37166
be effective if there are reasonable grounds to believe that the	37167
conversion would render the converted entity unable to pay its	37168
obligations as they become due in the usual course of its affairs.	37169

(E) The secretary of state shall furnish, upon request and	37170
payment of the fee specified in division (K)(2) of section 111.16	37171
of the Revised Code, the secretary of state's certificate setting	37172
forth all of the following:	37173

(1) The name and form of entity of the converting entity and	37174
the state under the laws of which it existed prior to the	37175
conversion;	37176

(2) The name and form of entity of the converted entity and	37177
the state under the laws of which it will exist;	37178

(3) The date of filing of the certificate of conversion with	37179
the secretary of state and the effective date of the conversion.	37180

(F) The certificate of the secretary of state, or a copy of	37181
the certificate of conversion certified by the secretary of state,	37182
may be filed for record in the office of the recorder of any	37183
county in this state and, if filed, shall be recorded in the	37184
records of deeds for that county. For the recording, the county	37185
recorder shall charge and collect the same fee as in the case of	37186
deeds.	37187

Sec. 1702.59. (A) Every nonprofit corporation, incorporated	37188
under the general corporation laws of this state, or previous	37189
laws, or under special provisions of the Revised Code, or created	37190
before September 1, 1851, which corporation has expressedly or	37191
impliedly elected to be governed by the laws passed since that	37192
date, and whose articles or other documents are filed with the	37193
secretary of state, shall file with the secretary of state a	37194
verified statement of continued existence, signed by a director,	37195
officer, or three members in good standing, setting forth the	37196
corporate name, the place where the principal office of the	37197
corporation is located, the date of incorporation, the fact that	37198
the corporation is still actively engaged in exercising its	37199
corporate privileges, and the name and address of its agent	37200
appointed pursuant to section 1702.06 of the Revised Code.	37201

(B) Each corporation required to file a statement of	37202
continued existence shall file it with the secretary of state	37203
within each five years after the date of incorporation or of the	37204
last corporate filing.	37205

(C) Corporations specifically exempted by division (N) of	37206
section 1702.06 of the Revised Code, or whose activities are	37207
regulated or supervised by another state official, agency, bureau,	37208
department, or commission are exempted from this section.	37209

(D) The secretary of state shall give notice ~~in writing~~by	37210
ordinary or electronic mail and provide a form for compliance with	37211
this section to each corporation required by this section to file	37212
the statement of continued existence, such notice and form to be	37213
mailed to the last known physical or electronic mail address of	37214
the corporation as it appears on the records of the secretary of	37215
state or which the secretary of state may ascertain upon a	37216
reasonable search.	37217

(E) If any nonprofit corporation required by this section to	37218
file a statement of continued existence fails to file the	37219
statement required every fifth year, then the secretary of state	37220
shall cancel the articles of such corporation, make a notation of	37221
the cancellation on the records, and mail to the corporation a	37222
certificate of the action so taken.	37223

(F) A corporation whose articles have been canceled may be	37224
reinstated by filing an application for reinstatement and paying	37225
to the secretary of state the fee specified in division (Q) of	37226
section 111.16 of the Revised Code. The name of a corporation	37227
whose articles have been canceled shall be reserved for a period	37228
of one year after the date of cancellation. If the reinstatement	37229
is not made within one year from the date of the cancellation of	37230
its articles of incorporation and it appears that a corporate	37231
name, limited liability company name, limited liability	37232
partnership name, limited partnership name, or trade name has been	37233
filed, the name of which is not distinguishable upon the record as	37234
provided in section 1702.06 of the Revised Code, the applicant for	37235
reinstatement shall be required by the secretary of state, as a	37236
condition prerequisite to such reinstatement, to amend its	37237
articles by changing its name. A certificate of reinstatement may	37238
be filed in the recorder's office of any county in the state, for	37239
which the recorder shall charge and collect a base fee of one	37240
dollar for services and a housing trust fund fee of one dollar	37241
pursuant to section 317.36 of the Revised Code. The rights,	37242
privileges, and franchises of a corporation whose articles have	37243
been reinstated are subject to section 1702.60 of the Revised	37244
Code.	37245

(G) The secretary of state shall furnish the tax commissioner	37246
a list of all corporations failing to file the required statement	37247
of continued existence.	37248

Sec. 1703.031. (A) If the laws of the United States	37249
prohibit, preempt, or otherwise eliminate the licensing	37250
requirement of sections 1703.01 to 1703.31 of the Revised Code	37251
with respect to a corporation that is a bank, savings bank, or	37252
savings and loan association chartered under the laws of the	37253
United States, the main office of which is located in another	37254
state, the bank, savings bank, or savings and loan association	37255
shall notify the secretary of state that it is transacting	37256
business in this state by submitting a notice in such form as the	37257
secretary of state prescribes. The notice shall be verified by the	37258
oath of the president, vice-president, secretary, or treasurer of	37259
the bank, savings bank, or savings and loan association, and shall	37260
set forth all of the following:	37261

(1) The name of the corporation and any trade name under	37262
which it will do business in this state;	37263

(2) The location and complete address, including the county,	37264
of its main office in another state and its principal office, if	37265
any, in this state;	37266

(3) The appointment of a designated agent and the complete	37267
address of such agent in this state, which agent may be a natural	37268
person who is a resident of this state, or may be a domestic	37269
corporation for profit or a foreign corporation for profit holding	37270
a license as such under the laws of this state, provided that the	37271
domestic or foreign corporation has a business address in this	37272
state and is authorized by its articles of incorporation to act as	37273
such agent;	37274

(4) The irrevocable consent of the corporation to service of	37275
process on such agent so long as the authority of the agent	37276
continues and to service of process upon the secretary of state in	37277
the events provided for in section 1703.19 of the Revised Code;	37278

(5) A brief summary of the business to be transacted within	37279
this state.	37280

(B) The notice required by this section shall be accompanied	37281
by a certificate of good standing or subsistence, dated not	37282
earlier than sixty days prior to the submission of the notice,	37283
under the seal of the proper official of the agency of the United	37284
States that incorporated the bank, savings bank, or savings and	37285
loan association, setting forth the exact corporate title, the	37286
date of incorporation, and the fact that the bank, savings bank,	37287
or savings and loan association is in good standing or is a	37288
subsisting bank, savings bank, or savings and loan association.	37289

(C) Upon submission of the notice, a bank, savings bank, or	37290
savings and loan association shall pay a filing fee ~~of one hundred~~	37291
~~dollars~~ to the secretary of state as required by section 111.16 of	37292
the Revised Code.	37293

(D)(1) No such notice shall be accepted for filing if it	37294
appears that the name of the bank, savings bank, or savings and	37295
loan association is any of the following:	37296

(a) Prohibited by law;

37297

(b) Not distinguishable upon the records in the office of the	37298
secretary of state from the name of a limited liability company,	37299
whether domestic or foreign, or any other corporation, whether	37300
nonprofit or for profit and whether that of a domestic corporation	37301
or of a foreign corporation authorized to transact business in	37302
this state, unless there is also filed with the secretary of state	37303
the consent of the other limited liability company or corporation	37304
to the use of the name, evidenced in a writing signed by any	37305
authorized representative or authorized officer of the other	37306
limited liability company or corporation;	37307

(c) Not distinguishable upon the records in the office of the	37308
secretary of state from a trade name, the exclusive right to which	37309
is at the time in question registered in the manner provided in	37310
Chapter 1329. of the Revised Code, unless there also is filed with	37311
the secretary of state the consent of the other corporation or	37312
person to the use of the name, evidenced in a writing signed by	37313
any authorized officer of the other corporation or authorized	37314
party of the other person owning the exclusive right to the	37315
registered trade name.	37316

(2) Notwithstanding division (D)(1)(b) of this section, if a	37317
notice is not acceptable for filing solely because the name of the	37318
bank, savings bank, or savings and loan association is not	37319
distinguishable from the name of another corporation or registered	37320
trade name, the bank, savings bank, or savings and loan	37321
association may be authorized to transact business in this state	37322
by filing with the secretary of state, in addition to those items	37323
otherwise prescribed by this section, a statement signed by an	37324
authorized officer directing the bank, savings bank, or savings	37325
and loan association to transact business in this state under an	37326
assumed business name or names that comply with the requirements	37327
of division (D) of this section and stating that the bank, savings	37328
bank, or savings and loan association will transact business in	37329
this state only under the assumed name or names.	37330

(E) The secretary of state shall provide evidence of receipt	37331
of notice to each bank, savings bank, or savings and loan	37332
association that submits a notice required by this section.	37333

Sec. 1703.07. If a foreign corporation has merged or	37334
consolidated with one or more foreign corporations, it shall file	37335
with the secretary of state a certificate setting forth the fact	37336
of merger or consolidation, certified by the secretary of state,	37337
or other proper official, of the state under the laws of which the	37338
foreign corporation was incorporated.	37339

The secretary of state, before filing a certificate	37340
evidencing a foreign corporation's merger or consolidation, shall	37341
charge and collect from the foreign corporation a filing fee of	37342
~~ten dollars~~as required by section 111.16 of the Revised Code.	37343

Sec. 1705.01. As used in this chapter:

37344

(A) "Business" means every trade, occupation, or profession.

37345

(B) "Contribution" means any cash, property, services	37346
rendered, promissory note, or other binding obligation to	37347
contribute cash or property or to perform services that a member	37348
contributes to a limited liability company in the capacity as a	37349
member.	37350

(C) "Conveyance" means every assignment, lease, mortgage, or	37351
encumbrance.	37352

(D) "Entity" means any of the following:

37353

(1) A ~~for profit~~ corporation existing under the laws of this	37354
state or any other state;	37355

(2) Any of the following organizations existing under the	37356
laws of this state, the United States, or any other state:	37357

(a) A business trust or association;

37358

(b) A real estate investment trust;

37359

37360

(d) An unincorporated business or for profit organization,	37361
including a general or limited partnership;	37362

(e) A limited liability company.

37363

(E) "Incompetent" has the same meaning as in section 2111.01	37364
of the Revised Code.	37365

(F) "Knowledge," of a fact, means actual knowledge of that	37366
fact and knowledge of other facts that under the circumstances	37367
shows bad faith.	37368

(G) "Member" means a person whose name appears on the records	37369
of the limited liability company as the owner of a membership	37370
interest in that company.	37371

(H) "Membership interest" means a member's share of the	37372
profits and losses of a limited liability company and the right to	37373
receive distributions from that company.	37374

(I) "Notice" means that the person who claims the benefit of	37375
the notice has done one of the following:	37376

(1) Stated the fact to the person entitled to notice;

37377

(2) Delivered through the mail or by other means of	37378
communication a written statement of the fact to the person	37379
entitled to notice or to a proper person at the place of business	37380
or residence of the person entitled to receive a notice.	37381

(J) "Operating agreement" means all of the valid written or	37382
oral agreements of the members or, in the case of a limited	37383
liability company consisting of one member, a written declaration	37384
of that member, as to the affairs of a limited liability company	37385
and the conduct of its business.	37386

(K) "Person" means any natural person; partnership, limited	37387
partnership, trust, estate, association, limited liability	37388
company, or corporation; any custodian, nominee, trustee,	37389
executor, administrator, or other fiduciary; or any other	37390
individual or entity in its own or any representative capacity.	37391

(L) "Professional association" and "professional service"	37392
have the same meanings as in section 1785.01 of the Revised Code.	37393

(M) "State" has the same meaning as in section 1.59 of the	37394
Revised Code and additionally includes a foreign country and any	37395
province, territory, or other political subdivision of a foreign	37396
country.	37397

Sec. 1707.11. (A) Each person that is not organized under	37398
the laws of this state, that is not licensed under section 1703.03	37399
of the Revised Code, or that does not have its principal place of	37400
business in this state, shall submit to the division of securities	37401
an irrevocable consent to service of process, as described in	37402
division (B) of this section, in connection with any of the	37403
following:	37404

(1) Filings to claim any of the exemptions enumerated in	37405
division (Q), (W), ~~(X),~~ or (Y) of section 1707.03 of the Revised	37406
Code;	37407

(2) Applications for registration by description,	37408
qualification, or coordination;	37409

(3) Notice filings pursuant to section 1707.092 of the	37410
Revised Code.	37411

(B) The irrevocable written consent shall be executed and	37412
acknowledged by an individual duly authorized to give the consent	37413
and shall do all of the following:	37414

(1) Designate the secretary of state as agent for service of	37415
process or pleadings;	37416

(2) State that actions growing out of the sale of such	37417
securities, the giving of investment advice, or fraud committed by	37418
a person on whose behalf the consent is submitted may be commenced	37419
against the person, in the proper court of any county in this	37420
state in which a cause of action may arise or in which the	37421
plaintiff in the action may reside, by serving on the secretary of	37422
state any proper process or pleading authorized by the laws of	37423
this state;	37424

(3) Stipulate that service of process or pleading on the	37425
secretary of state shall be taken in all courts to be as valid and	37426
binding as if service had been made upon the person on whose	37427
behalf the consent is submitted.	37428

(C) Notwithstanding any application, form, or other material	37429
filed with or submitted to the division that purports to appoint	37430
as agent for service of process a person other than the secretary	37431
of state, the application, form, or other material shall be	37432
considered to appoint the secretary of state as agent for service	37433
of process.	37434

(D) Service of any process or pleadings may be made on the	37435
secretary of state by duplicate copies, of which one shall be	37436
filed in the office of the secretary of state, and the other	37437
immediately forwarded by the secretary of state by certified mail	37438
to the principal place of business of the person on whose behalf	37439
the consent is submitted or to the last known address as shown on	37440
the filing made with the division. However, failure to mail such	37441
copy does not invalidate the service.	37442

(E) Notwithstanding any provision of this chapter, or of any	37443
rule adopted by the division of securities under this chapter,	37444
that requires the submission of a consent to service of process,	37445
the division may provide by rule for the electronic filing or	37446
submission of a consent to service of process.	37447

Sec. 1707.17. (A)(1) The license of every dealer in and	37448
salesperson of securities shall expire on the thirty-first day of	37449
December of each year, and may be renewed upon the filing with the	37450
division of securities of an application for renewal, and the	37451
payment of the fee prescribed in this section. The division shall	37452
give notice, without unreasonable delay, of its action on any	37453
application for renewal of a dealer's or salesperson's license.	37454

(2) The license of every investment adviser and investment	37455
adviser representative licensed under section 1707.141 or 1707.161	37456
of the Revised Code shall expire on the thirty-first day of	37457
December of each year. The licenses may be renewed upon the filing	37458
with the division of an application for renewal, and the payment	37459
of the fee prescribed in division (B) of this section. The	37460
division shall give notice, without unreasonable delay, of its	37461
action on any application for renewal.	37462

(3) An investment adviser required to make a notice filing	37463
under division (B) of section 1707.141 of the Revised Code	37464
annually shall file with the division the notice filing and the	37465
fee prescribed in division (B) of this section, no later than the	37466
thirty-first day of December of each year.	37467

(4) The license of every state retirement system investment	37468
officer licensed under section 1707.163 of the Revised Code and	37469
the license of a bureau of workers' compensation chief investment	37470
officer issued under section 1707.165 of the Revised Code shall	37471
expire on the thirtieth day of June of each year. The licenses may	37472
be renewed on the filing with the division of an application for	37473
renewal, and the payment of the fee prescribed in division (B) of	37474
this section. The division shall give notice, without unreasonable	37475
delay, of its action on any application for renewal.	37476

(B)(1) The fee for each dealer's license, and for each annual	37477
renewal thereof, shall be two hundred dollars.	37478

(2) The fee for each salesperson's license, and for each	37479
annual renewal thereof, shall be sixty dollars.	37480

(3) The fee for each investment adviser's license, and for	37481
each annual renewal thereof, shall be one hundred dollars.	37482

(4) The fee for each investment adviser notice filing	37483
required by division (B) of section 1707.141 of the Revised Code	37484
shall be one hundred dollars.	37485

(5) The fee for each investment adviser representative's	37486
license, and for each annual renewal thereof, shall be thirty-five	37487
dollars.	37488

(6) The fee for each state retirement system investment	37489
officer's license, and for each annual renewal thereof, shall be	37490
fifty dollars.	37491

(7) The fee for a bureau of workers' compensation chief	37492
investment officer's license, and for each annual renewal thereof,	37493
shall be fifty dollars.	37494

(C) A dealer's, salesperson's, investment adviser's,	37495
investment adviser representative's, bureau of workers'	37496
compensation chief investment officer's, or state retirement	37497
system investment officer's license may be issued at any time for	37498
the remainder of the calendar year. In that event, the annual fee	37499
shall not be reduced.	37500

(D) The division may, by rule or order, waive, in whole or in	37501
part, any of the fee requirements of this section for any person	37502
or class of persons if, in the same calendar year, the person or	37503
class of persons is required to pay an additional fee as a result	37504
of changes in federal law and regulations implemented under Title	37505
IV of the "Dodd-Frank Wall Street Reform and Consumer Protection	37506
Act of 2010," 124 Stat. 1576 (2010), 15 U.S.C. 80b-3a(a), under	37507
which a person or class of persons formerly subject to regulation	37508
under the United States securities and exchange commission is	37509
subject to state regulation under Chapter 1707. of the Revised	37510
Code.	37511

Sec. 1711.05. Every county agricultural society annually	37512
shall publish an abstract of its treasurer's account in a	37513
newspaper of general circulation in the county and make a report	37514
of its proceedings during the year. It shall also make, in	37515
accordance with the rules of the department of agriculture, a	37516
synopsis of its awards for improvement in agriculture and in	37517
household manufactures and forward such synopsis to the director	37518
of agriculture at or before the annual meeting of the directors of	37519
the society with the director of agriculture, as provided for in	37520
section 901.06 of the Revised Code. No payment after such date	37521
shall be made from the county treasury to such society unless a	37522
certificate from the director is presented to the county auditor	37523
showing that such reports have been made.	37524

Sec. 1711.07. The board of directors of a county or	37525
independent agricultural society shall consist of at least eight	37526
members. An employee of the Ohio state university extension	37527
service and the county school superintendent shall be members ex	37528
officio. Their terms of office shall be determined by the rules of	37529
the department of agriculture. Any vacancy in the board caused by	37530
death, resignation, refusal to qualify, removal from county, or	37531
other cause may be filled by the board until the society's next	37532
annual election, when a director shall be elected for the	37533
unexpired term. There shall be an annual election of directors by	37534
ballot at a time and a place fixed by the board, but this election	37535
shall not be held later than the first Saturday in December 1994,	37536
and not later than the fifteenth day of November each year	37537
thereafter, beginning in 1995. The secretary of the society shall	37538
give notice of such election, for three weeks prior to the holding	37539
thereof, in ~~at least two newspapers~~a newspaper of ~~opposite~~	37540
~~politics and of~~ general circulation in the county or as provided	37541
in section 7.16 of the Revised Code, or by letter mailed to each	37542
member of the society. Only persons holding membership	37543
certificates at the close of the annual county fair, or at least	37544
fifteen calendar days before the date of election, as may be fixed	37545
by the board, may vote, unless such election is held on the	37546
fairground during the fair, in which case all persons holding	37547
membership certificates on the date and hour of the election may	37548
vote. When the election is to be held during the fair, notice of	37549
such election must be prominently mentioned in the premium list,	37550
in addition to the notice required in ~~newspapers~~a newspaper. The	37551
terms of office of the retiring directors shall expire, and those	37552
of the directors-elect shall begin, not later than the first	37553
Saturday in January 1995, and not later than the thirtieth day of	37554
November each year thereafter, beginning in 1995.	37555

The secretary of such society shall send the name and address	37556
of each member of its board to the director of agriculture within	37557
ten days after the election.	37558

Sec. 1711.18. In a county in which there is a county	37559
agricultural society indebted fifteen thousand dollars or more,	37560
and such society has purchased a fairground or title to such	37561
fairground is vested in fee in the county, the board of county	37562
commissioners, upon the presentation of a petition signed by not	37563
less than five hundred resident electors of the county praying for	37564
the submission to the electors of the county of the question	37565
whether or not county bonds shall be issued and sold to liquidate	37566
such indebtedness, shall, by resolution within ten days	37567
thereafter, fix a date, which shall be within thirty days, upon	37568
which the question of issuing and selling such bonds, in the	37569
necessary amount and denomination, shall be submitted to the	37570
electors of the county. The board also shall cause a copy of such	37571
resolution to be certified to the county board of elections and	37572
such board of elections, within ten days after such certification,	37573
shall proceed to make the necessary arrangements for the	37574
submission of such question to such electors at the time fixed by	37575
such resolution.	37576

Such election shall be held at the regular places of voting	37577
in the county and shall be conducted, canvassed, and certified,	37578
except as otherwise provided by law, as are elections of county	37579
officers. The county board of elections must give fifteen days'	37580
notice of such submission by publication in ~~one or more newspapers~~	37581
~~published~~a newspaper of general circulation in the county once a	37582
week for two consecutive weeks or as provided in section 7.16 of	37583
the Revised Code, stating the amount of bonds to be issued, the	37584
purpose for which they are to be issued, and the time and places	37585
of holding such election. Those who vote in favor of the	37586
proposition shall have written or printed on their ballots "for	37587
the issue of bonds" and those who vote against it shall have	37588
written or printed on their ballots "against the issue of bonds."	37589
If a majority of those voting upon the question of issuing the	37590
bonds vote in favor thereof, then and only then shall they be	37591
issued and the tax provided for in section 1711.20 of the Revised	37592
Code be levied.	37593

Sec. 1711.30. Before issuing bonds under section 1711.28 of	37594
the Revised Code, the board of county commissioners, by	37595
resolution, shall submit to the qualified electors of the county	37596
at the next general election for county officers, held not less	37597
than ninety days after receiving from the county agricultural	37598
society the notice provided for in section 1711.25 of the Revised	37599
Code, the question of issuing and selling such bonds in such	37600
amount and denomination as are necessary for the purpose in view,	37601
and shall certify a copy of such resolution to the county board of	37602
elections.	37603

The county board of elections shall place the question of	37604
issuing and selling such bonds upon the ballot and make all other	37605
necessary arrangements for the submission, at the time fixed by	37606
such resolution, of such question to such electors. The votes cast	37607
at such election upon such question must be counted, canvassed,	37608
and certified in the same manner, except as provided by law, as	37609
votes cast for county officers. Fifteen days' notice of such	37610
submission shall be given by the county board of elections, by	37611
publication once a week for two consecutive weeks in ~~two or more~~	37612
~~newspapers published~~a newspaper of general circulation in the	37613
county or as provided in section 7.16 of the Revised Code, stating	37614
the amount of bonds to be issued, the purpose for which they are	37615
to be issued, and the time and places of holding such election.	37616
Such question must be stated on the ballot as follows: "For the	37617
issue of county fair bonds, yes"; "For the issue of county fair	37618
bonds, no." If the majority of those voting upon the question of	37619
issuing the bonds vote in favor thereof, then and only then shall	37620
they be issued and the tax provided for in section 1711.29 of the	37621
Revised Code be levied.	37622

Sec. 1728.06. Every community urban redevelopment	37623
corporation qualifying under this chapter, before proceeding with	37624
any project authorized in this chapter, shall make written	37625
application to the municipal corporation for approval thereof. The	37626
application shall be in such form and shall certify to such facts	37627
and data as shall be required by the municipal corporation, and	37628
may include but not be limited to:	37629

(A) A general statement of the nature of the proposed	37630
project, that the undertaking conforms to all applicable municipal	37631
ordinances, that its completion will meet an existing need, and	37632
that the project accords with the master plan or official map, if	37633
any, of the municipal corporation;	37634

(B) A description of the proposed project outlining the area	37635
included and a description of each unit thereof if the project is	37636
to be undertaken in units and setting out such architectural and	37637
site plans as may be required;	37638

(C) A statement of the estimated cost of the proposed project	37639
in such detail as may be required, including the estimated cost of	37640
each unit if it is to be so undertaken;	37641

(D) The source, method, and amount of money to be subscribed	37642
through the investment of private capital, setting forth the	37643
amount of stock or other securities to be issued therefor;	37644

(E) A fiscal plan for the project outlining a schedule of	37645
rents, the estimated expenditures for operation and maintenance,	37646
payments for interest, amortization of debt and reserves, and	37647
payments to the municipal corporation to be made pursuant to a	37648
financial agreement to be entered into with the municipal	37649
corporation;	37650

(F) A relocation plan providing for the relocation of	37651
persons, including families, business concerns, and others,	37652
displaced by the project, which relocation plan shall include, but	37653
not be limited to, the proposed method for the relocation of	37654
residents who will be displaced from their dwelling accommodations	37655
in decent, safe, and sanitary dwelling accommodations within their	37656
means, or with provision for adjustment payments to bring such	37657
accommodations within their means, and without undue hardship, and	37658
reasonable moving costs;	37659

(G) The names and tax mailing addresses, as determined from	37660
the records of the county auditor not more than five days prior to	37661
the submission of the application to the mayor of the municipal	37662
corporation, of the owners of all property which the corporation	37663
proposes in its application to acquire.	37664

Such application shall be addressed and submitted to the	37665
mayor of the municipal corporation, who shall, within sixty days	37666
after receipt thereof, submit it with ~~his~~the mayor's	37667
recommendations to the governing body. The application shall be a	37668
matter of public record upon receipt by the mayor.	37669

The governing body shall by notice published once a week for	37670
two consecutive weeks in a newspaper of general circulation in the	37671
municipal corporation or as provided in section 7.16 of the	37672
Revised Code, by written notice, by certified mail or personal	37673
service, to the owners of property which the corporation proposes	37674
in its application to purchase at the tax mailing address as set	37675
forth in the corporation's application, by the putting up of signs	37676
in at least five places within the area covered by the	37677
application, and by giving written notice, by certified mail or	37678
personal service, to community organizations known by the clerk of	37679
the governing body to represent a substantial number of the	37680
residents of the area covered by the application, advise that the	37681
application is on file in the office of the clerk of the governing	37682
body of the municipal corporation and is available for inspection	37683
by the general public during business hours and advise that a	37684
public hearing shall be held thereon, stating the place and time	37685
of the public hearing, which time shall be not less than fourteen	37686
days after the first publication, or after sending the mailed	37687
notice, or after the putting up of the signs, whichever is later.	37688

Following the public hearing and after complying with section	37689
5709.83 of the Revised Code, the governing body, taking into	37690
consideration the financial impact on the community, shall by	37691
resolution approve or disapprove the application, approval to be	37692
by an affirmative vote of not less than three-fifths of the	37693
governing body, but in the event of disapproval, changes may be	37694
suggested to secure its approval.	37695

An application may be revised or resubmitted in the same	37696
manner and subject to the same procedures as an original	37697
application. The clerk of the governing body shall diligently	37698
discharge the duties imposed on the clerk by this division,	37699
provided failure of the clerk to send written notices to all	37700
community organizations, in a good faith effort by the clerk to	37701
give the required notice, shall not invalidate any proceedings	37702
under this chapter. The failure of delivery of notice given by	37703
certified mail under this division shall not invalidate any	37704
proceedings under this chapter.	37705

Sec. 1728.07. Every approved project shall be evidenced by a	37706
financial agreement between the municipal corporation and the	37707
community urban redevelopment corporation. Such agreement shall be	37708
prepared by the community urban redevelopment corporation and	37709
submitted as a separate part of its application for project	37710
approval.	37711

The financial agreement shall be in the form of a contract	37712
requiring full performance within twenty years from the date of	37713
completion of the project and shall, as a minimum, include the	37714
following:	37715

(A) That all improvements in the project to be constructed or	37716
acquired by the corporation shall be exempt from taxation, subject	37717
to section 1728.10 of the Revised Code;	37718

(B) That the corporation shall make payments in lieu of real	37719
estate taxes not less than the amount as provided by section	37720
1728.11 of the Revised Code; or if the municipal corporation is an	37721
impacted city, not less than the amount as provided by section	37722
1728.111 of the Revised Code;	37723

(C) That the corporation, its successors and assigns, shall	37724
use, develop, and redevelop the real property of the project in	37725
accordance with, and for the period of, the community development	37726
plan approved by the governing body of the municipal corporation	37727
for the blighted area in which the project is situated and shall	37728
so bind its successors and assigns by appropriate agreements and	37729
covenants running with the land enforceable by the municipal	37730
corporation.	37731

(D) If the municipal corporation is an impacted city, the	37732
extent of the undertakings and activities of the corporation for	37733
the elimination and for the prevention of the development or	37734
spread of blight.	37735

(E) That the corporation or the municipal corporation, or	37736
both, shall provide for carrying out relocation of persons,	37737
families, business concerns, and others displaced by the project,	37738
pursuant to a relocation plan, including the method for the	37739
relocation of residents in decent, safe, and sanitary dwelling	37740
accommodations, and reasonable moving costs, determined to be	37741
feasible by the governing body of the municipal corporation. Where	37742
the relocation plan is carried out by the corporation, its	37743
officers, employees, agents, or lessees, the municipal corporation	37744
shall enforce and supervise the corporation's compliance with the	37745
relocation plan. If the corporation refuses or fails to comply	37746
with the relocation plan and the municipal corporation fails or	37747
refuses to enforce compliance with such plan, the director of	37748
development may request the attorney general to commence a civil	37749
action against the municipality and the corporation to require	37750
compliance with such relocation plan. Prior to requesting action	37751
by the attorney general the director shall give notice of the	37752
proposed action to the municipality and the corporation, provide	37753
an opportunity to such municipality and corporation for	37754
discussions on the matter, and allow a reasonable time in which	37755
the corporation may begin compliance with the relocation plan, or	37756
the municipality may commence enforcement of the relocation plan.	37757

(F) That the corporation shall submit annually, within ninety	37758
days after the close of its fiscal year, its auditor's reports to	37759
the mayor and governing body of the municipal corporation;	37760

(G) That the corporation shall, upon request, permit	37761
inspection of property, equipment, buildings, and other facilities	37762
of the corporation, and also permit examination and audit of its	37763
books, contracts, records, documents, and papers by authorized	37764
representatives of the municipal corporation;	37765

(H) That in the event of any dispute between the parties the	37766
matters in controversy shall be resolved by arbitration in the	37767
manner provided therein;	37768

(I) That operation under the financial agreement is	37769
terminable by the corporation in the manner provided by Chapter	37770
1728. of the Revised Code;	37771

(J) That the corporation shall, at all times prior to the	37772
expiration or other termination of the financial agreement, remain	37773
bound by Chapter 1728. of the Revised Code;	37774

(K) ~~That all wages paid to laborers and mechanics employed~~	37775
~~for work on such projects, other than for residential structures~~	37776
~~containing seven or less family units, shall be paid at the~~	37777
~~prevailing rates of wages of laborers and mechanics for the class~~	37778
~~of work called for by the project, which wages shall be determined~~	37779
~~in accordance with the requirements of Chapter 4115. of the~~	37780
~~Revised Code for determination of prevailing wage rates, provided~~	37781
~~that the requirements of this division do not apply where the~~	37782
~~federal government or any of its agencies furnishes by law or~~	37783
~~grant all or any part of the funds used in connection with such~~	37784
~~project and prescribes predetermined minimum wages to be paid to~~	37785
~~such laborers and mechanics.~~	37786

Modifications of the financial agreement may from time to	37787
time be made by agreement between the governing body of the	37788
municipal corporation and the community urban redevelopment	37789
corporation.	37790

Sec. 1751.01. As used in this chapter:

37791

(A)(1) "Basic health care services" means the following	37792
services when medically necessary:	37793

(a) Physician's services, except when such services are	37794
supplemental under division (B) of this section;	37795

(b) Inpatient hospital services;

37796

37797

(d) Emergency health services;

37798

(e) Urgent care services;

37799

(f) Diagnostic laboratory services and diagnostic and	37800
therapeutic radiologic services;	37801

(g) Diagnostic and treatment services, other than	37802
prescription drug services, for biologically based mental	37803
illnesses;	37804

(h) Preventive health care services, including, but not	37805
limited to, voluntary family planning services, infertility	37806
services, periodic physical examinations, prenatal obstetrical	37807
care, and well-child care;	37808

(i) Routine patient care for patients enrolled in an eligible	37809
cancer clinical trial pursuant to section 3923.80 of the Revised	37810
Code.	37811

"Basic health care services" does not include experimental	37812
procedures.	37813

Except as provided by divisions (A)(2) and (3) of this	37814
section in connection with the offering of coverage for diagnostic	37815
and treatment services for biologically based mental illnesses, a	37816
health insuring corporation shall not offer coverage for a health	37817
care service, defined as a basic health care service by this	37818
division, unless it offers coverage for all listed basic health	37819
care services. However, this requirement does not apply to the	37820
coverage of beneficiaries enrolled in medicare pursuant to a	37821
medicare contract, or to the coverage of beneficiaries enrolled in	37822
the federal employee health benefits program pursuant to 5	37823
U.S.C.A. 8905, or to the coverage of medicaid recipients, ~~or to~~	37824
~~the coverage of participants of the children's buy-in program,~~ or	37825
to the coverage of beneficiaries under any federal health care	37826
program regulated by a federal regulatory body, or to the coverage	37827
of beneficiaries under any contract covering officers or employees	37828
of the state that has been entered into by the department of	37829
administrative services.	37830

(2) A health insuring corporation may offer coverage for	37831
diagnostic and treatment services for biologically based mental	37832
illnesses without offering coverage for all other basic health	37833
care services. A health insuring corporation may offer coverage	37834
for diagnostic and treatment services for biologically based	37835
mental illnesses alone or in combination with one or more	37836
supplemental health care services. However, a health insuring	37837
corporation that offers coverage for any other basic health care	37838
service shall offer coverage for diagnostic and treatment services	37839
for biologically based mental illnesses in combination with the	37840
offer of coverage for all other listed basic health care services.	37841

(3) A health insuring corporation that offers coverage for	37842
basic health care services is not required to offer coverage for	37843
diagnostic and treatment services for biologically based mental	37844
illnesses in combination with the offer of coverage for all other	37845
listed basic health care services if all of the following apply:	37846

(a) The health insuring corporation submits documentation	37847
certified by an independent member of the American academy of	37848
actuaries to the superintendent of insurance showing that incurred	37849
claims for diagnostic and treatment services for biologically	37850
based mental illnesses for a period of at least six months	37851
independently caused the health insuring corporation's costs for	37852
claims and administrative expenses for the coverage of basic	37853
health care services to increase by more than one per cent per	37854
year.	37855

(b) The health insuring corporation submits a signed letter	37856
from an independent member of the American academy of actuaries to	37857
the superintendent of insurance opining that the increase in costs	37858
described in division (A)(3)(a) of this section could reasonably	37859
justify an increase of more than one per cent in the annual	37860
premiums or rates charged by the health insuring corporation for	37861
the coverage of basic health care services.	37862

(c) The superintendent of insurance makes the following	37863
determinations from the documentation and opinion submitted	37864
pursuant to divisions (A)(3)(a) and (b) of this section:	37865

(i) Incurred claims for diagnostic and treatment services for	37866
biologically based mental illnesses for a period of at least six	37867
months independently caused the health insuring corporation's	37868
costs for claims and administrative expenses for the coverage of	37869
basic health care services to increase by more than one per cent	37870
per year.	37871

(ii) The increase in costs reasonably justifies an increase	37872
of more than one per cent in the annual premiums or rates charged	37873
by the health insuring corporation for the coverage of basic	37874
health care services.	37875

Any determination made by the superintendent under this	37876
division is subject to Chapter 119. of the Revised Code.	37877

(B)(1) "Supplemental health care services" means any health	37878
care services other than basic health care services that a health	37879
insuring corporation may offer, alone or in combination with	37880
either basic health care services or other supplemental health	37881
care services, and includes:	37882

(a) Services of facilities for intermediate or long-term	37883
care, or both;	37884

(b) Dental care services;

37885

(c) Vision care and optometric services including lenses and	37886
frames;	37887

(d) Podiatric care or foot care services;

37888

(e) Mental health services, excluding diagnostic and	37889
treatment services for biologically based mental illnesses;	37890

(f) Short-term outpatient evaluative and crisis-intervention	37891
mental health services;	37892

(g) Medical or psychological treatment and referral services	37893
for alcohol and drug abuse or addiction;	37894

(h) Home health services;

37895

(i) Prescription drug services;

37896

(j) Nursing services;

37897

(k) Services of a dietitian licensed under Chapter 4759. of	37898
the Revised Code;	37899

(l) Physical therapy services;

37900

(m) Chiropractic services;

37901

(n) Any other category of services approved by the	37902
superintendent of insurance.	37903

(2) If a health insuring corporation offers prescription drug	37904
services under this division, the coverage shall include	37905
prescription drug services for the treatment of biologically based	37906
mental illnesses on the same terms and conditions as other	37907
physical diseases and disorders.	37908

(C) "Specialty health care services" means one of the	37909
supplemental health care services listed in division (B) of this	37910
section, when provided by a health insuring corporation on an	37911
outpatient-only basis and not in combination with other	37912
supplemental health care services.	37913

(D) "Biologically based mental illnesses" means	37914
schizophrenia, schizoaffective disorder, major depressive	37915
disorder, bipolar disorder, paranoia and other psychotic	37916
disorders, obsessive-compulsive disorder, and panic disorder, as	37917
these terms are defined in the most recent edition of the	37918
diagnostic and statistical manual of mental disorders published by	37919
the American psychiatric association.	37920

(E) ~~"Children's buy-in program" has the same meaning as in~~	37921
~~section 5101.5211 of the Revised Code.~~	37922

~~(F)~~ "Closed panel plan" means a health care plan that	37923
requires enrollees to use participating providers.	37924

~~(G)~~(F) "Compensation" means remuneration for the provision of	37925
health care services, determined on other than a fee-for-service	37926
or discounted-fee-for-service basis.	37927

~~(H)~~(G) "Contractual periodic prepayment" means the formula	37928
for determining the premium rate for all subscribers of a health	37929
insuring corporation.	37930

~~(I)~~(H) "Corporation" means a corporation formed under Chapter	37931
1701. or 1702. of the Revised Code or the similar laws of another	37932
state.	37933

~~(J)~~(I) "Emergency health services" means those health care	37934
services that must be available on a seven-days-per-week,	37935
twenty-four-hours-per-day basis in order to prevent jeopardy to an	37936
enrollee's health status that would occur if such services were	37937
not received as soon as possible, and includes, where appropriate,	37938
provisions for transportation and indemnity payments or service	37939
agreements for out-of-area coverage.	37940

~~(K)~~(J) "Enrollee" means any natural person who is entitled to	37941
receive health care benefits provided by a health insuring	37942
corporation.	37943

~~(L)~~(K) "Evidence of coverage" means any certificate,	37944
agreement, policy, or contract issued to a subscriber that sets	37945
out the coverage and other rights to which such person is entitled	37946
under a health care plan.	37947

~~(M)~~(L) "Health care facility" means any facility, except a	37948
health care practitioner's office, that provides preventive,	37949
diagnostic, therapeutic, acute convalescent, rehabilitation,	37950
mental health, mental retardation, intermediate care, or skilled	37951
nursing services.	37952

~~(N)~~(M) "Health care services" means basic, supplemental, and	37953
specialty health care services.	37954

~~(O)~~(N) "Health delivery network" means any group of providers	37955
or health care facilities, or both, or any representative thereof,	37956
that have entered into an agreement to offer health care services	37957
in a panel rather than on an individual basis.	37958

~~(P)~~(O) "Health insuring corporation" means a corporation, as	37959
defined in division ~~(I)~~(H) of this section, that, pursuant to a	37960
policy, contract, certificate, or agreement, pays for, reimburses,	37961
or provides, delivers, arranges for, or otherwise makes available,	37962
basic health care services, supplemental health care services, or	37963
specialty health care services, or a combination of basic health	37964
care services and either supplemental health care services or	37965
specialty health care services, through either an open panel plan	37966
or a closed panel plan.	37967

"Health insuring corporation" does not include a limited	37968
liability company formed pursuant to Chapter 1705. of the Revised	37969
Code, an insurer licensed under Title XXXIX of the Revised Code if	37970
that insurer offers only open panel plans under which all	37971
providers and health care facilities participating receive their	37972
compensation directly from the insurer, a corporation formed by or	37973
on behalf of a political subdivision or a department, office, or	37974
institution of the state, or a public entity formed by or on	37975
behalf of a board of county commissioners, a county board of	37976
developmental disabilities, an alcohol and drug addiction services	37977
board, a board of alcohol, drug addiction, and mental health	37978
services, or a community mental health board, as those terms are	37979
used in Chapters 340. and 5126. of the Revised Code. Except as	37980
provided by division (D) of section 1751.02 of the Revised Code,	37981
or as otherwise provided by law, no board, commission, agency, or	37982
other entity under the control of a political subdivision may	37983
accept insurance risk in providing for health care services.	37984
However, nothing in this division shall be construed as	37985
prohibiting such entities from purchasing the services of a health	37986
insuring corporation or a third-party administrator licensed under	37987
Chapter 3959. of the Revised Code.	37988

~~(Q)~~(P) "Intermediary organization" means a health delivery	37989
network or other entity that contracts with licensed health	37990
insuring corporations or self-insured employers, or both, to	37991
provide health care services, and that enters into contractual	37992
arrangements with other entities for the provision of health care	37993
services for the purpose of fulfilling the terms of its contracts	37994
with the health insuring corporations and self-insured employers.	37995

~~(R)~~(Q) "Intermediate care" means residential care above the	37996
level of room and board for patients who require personal	37997
assistance and health-related services, but who do not require	37998
skilled nursing care.	37999

~~(S)~~(R) "Medicaid" has the same meaning as in section 5111.01	38000
of the Revised Code.	38001

~~(T)~~(S) "Medical record" means the personal information that	38002
relates to an individual's physical or mental condition, medical	38003
history, or medical treatment.	38004

~~(U)~~(T) "Medicare" means the program established under Title	38005
XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C.	38006
1395, as amended.	38007

~~(V)~~(U)(1) "Open panel plan" means a health care plan that	38008
provides incentives for enrollees to use participating providers	38009
and that also allows enrollees to use providers that are not	38010
participating providers.	38011

(2) No health insuring corporation may offer an open panel	38012
plan, unless the health insuring corporation is also licensed as	38013
an insurer under Title XXXIX of the Revised Code, the health	38014
insuring corporation, on June 4, 1997, holds a certificate of	38015
authority or license to operate under Chapter 1736. or 1740. of	38016
the Revised Code, or an insurer licensed under Title XXXIX of the	38017
Revised Code is responsible for the out-of-network risk as	38018
evidenced by both an evidence of coverage filing under section	38019
1751.11 of the Revised Code and a policy and certificate filing	38020
under section 3923.02 of the Revised Code.	38021

~~(W)~~(V) "Panel" means a group of providers or health care	38022
facilities that have joined together to deliver health care	38023
services through a contractual arrangement with a health insuring	38024
corporation, employer group, or other payor.	38025

~~(X)~~(W) "Person" has the same meaning as in section 1.59 of	38026
the Revised Code, and, unless the context otherwise requires,	38027
includes any insurance company holding a certificate of authority	38028
under Title XXXIX of the Revised Code, any subsidiary and	38029
affiliate of an insurance company, and any government agency.	38030

~~(Y)~~(X) "Premium rate" means any set fee regularly paid by a	38031
subscriber to a health insuring corporation. A "premium rate" does	38032
not include a one-time membership fee, an annual administrative	38033
fee, or a nominal access fee, paid to a managed health care system	38034
under which the recipient of health care services remains solely	38035
responsible for any charges accessed for those services by the	38036
provider or health care facility.	38037

~~(Z)~~(Y) "Primary care provider" means a provider that is	38038
designated by a health insuring corporation to supervise,	38039
coordinate, or provide initial care or continuing care to an	38040
enrollee, and that may be required by the health insuring	38041
corporation to initiate a referral for specialty care and to	38042
maintain supervision of the health care services rendered to the	38043
enrollee.	38044

~~(AA)~~(Z) "Provider" means any natural person or partnership of	38045
natural persons who are licensed, certified, accredited, or	38046
otherwise authorized in this state to furnish health care	38047
services, or any professional association organized under Chapter	38048
1785. of the Revised Code, provided that nothing in this chapter	38049
or other provisions of law shall be construed to preclude a health	38050
insuring corporation, health care practitioner, or organized	38051
health care group associated with a health insuring corporation	38052
from employing certified nurse practitioners, certified nurse	38053
anesthetists, clinical nurse specialists, certified nurse	38054
midwives, dietitians, physician assistants, dental assistants,	38055
dental hygienists, optometric technicians, or other allied health	38056
personnel who are licensed, certified, accredited, or otherwise	38057
authorized in this state to furnish health care services.	38058

~~(BB)~~(AA) "Provider sponsored organization" means a	38059
corporation, as defined in division ~~(I)~~(H) of this section, that	38060
is at least eighty per cent owned or controlled by one or more	38061
hospitals, as defined in section 3727.01 of the Revised Code, or	38062
one or more physicians licensed to practice medicine or surgery or	38063
osteopathic medicine and surgery under Chapter 4731. of the	38064
Revised Code, or any combination of such physicians and hospitals.	38065
Such control is presumed to exist if at least eighty per cent of	38066
the voting rights or governance rights of a provider sponsored	38067
organization are directly or indirectly owned, controlled, or	38068
otherwise held by any combination of the physicians and hospitals	38069
described in this division.	38070

~~(CC)~~(BB) "Solicitation document" means the written materials	38071
provided to prospective subscribers or enrollees, or both, and	38072
used for advertising and marketing to induce enrollment in the	38073
health care plans of a health insuring corporation.	38074

~~(DD)~~(CC) "Subscriber" means a person who is responsible for	38075
making payments to a health insuring corporation for participation	38076
in a health care plan, or an enrollee whose employment or other	38077
status is the basis of eligibility for enrollment in a health	38078
insuring corporation.	38079

~~(EE)~~(DD) "Urgent care services" means those health care	38080
services that are appropriately provided for an unforeseen	38081
condition of a kind that usually requires medical attention	38082
without delay but that does not pose a threat to the life, limb,	38083
or permanent health of the injured or ill person, and may include	38084
such health care services provided out of the health insuring	38085
corporation's approved service area pursuant to indemnity payments	38086
or service agreements.	38087

Sec. 1751.04. (A) Except as provided by division (D) of this	38088
section, upon the receipt by the superintendent of insurance of a	38089
complete application for a certificate of authority to establish	38090
or operate a health insuring corporation, which application sets	38091
forth or is accompanied by the information and documents required	38092
by division (A) of section 1751.03 of the Revised Code, the	38093
superintendent shall review the application and accompanying	38094
documents and make findings as to whether the applicant for a	38095
certificate of authority has done all of the following with	38096
respect to any basic health care services and supplemental health	38097
care services to be furnished:	38098

(1) Demonstrated the willingness and potential ability to	38099
ensure that all basic health care services and supplemental health	38100
care services described in the evidence of coverage will be	38101
provided to all its enrollees as promptly as is appropriate and in	38102
a manner that assures continuity;	38103

(2) Made effective arrangements to ensure that its enrollees	38104
have reliable access to qualified providers in those specialties	38105
that are generally available in the geographic area or areas to be	38106
served by the applicant and that are necessary to provide all	38107
basic health care services and supplemental health care services	38108
described in the evidence of coverage;	38109

(3) Made appropriate arrangements for the availability of	38110
short-term health care services in emergencies within the	38111
geographic area or areas to be served by the applicant,	38112
twenty-four hours per day, seven days per week, and for the	38113
provision of adequate coverage whenever an out-of-area emergency	38114
arises;	38115

(4) Made appropriate arrangements for an ongoing evaluation	38116
and assurance of the quality of health care services provided to	38117
enrollees, including, if applicable, the development of a quality	38118
assurance program complying with the requirements of sections	38119
1751.73 to 1751.75 of the Revised Code, and the adequacy of the	38120
personnel, facilities, and equipment by or through which the	38121
services are rendered;	38122

(5) Developed a procedure to gather and report statistics	38123
relating to the cost and effectiveness of its operations, the	38124
pattern of utilization of its services, and the quality,	38125
availability, and accessibility of its services.	38126

(B) Based upon the information provided in the application	38127
for issuance of a certificate of authority, the superintendent	38128
shall determine whether or not the applicant meets the	38129
requirements of division (A) of this section. If the	38130
superintendent determines that the applicant does not meet these	38131
requirements, the superintendent shall specify in what respects it	38132
is deficient. However, the superintendent shall not deny an	38133
application because the requirements of this section are not met	38134
unless the applicant has been given an opportunity for a hearing	38135
on that issue.	38136

(C) If the applicant requests a hearing, the superintendent	38137
shall hold a hearing before denying an application because the	38138
applicant does not meet the requirements of this section. The	38139
hearing shall be held in accordance with Chapter 119. of the	38140
Revised Code.	38141

(D) Nothing in this section requires the superintendent to	38142
review or make findings with regard to an application and	38143
accompanying documents to establish or operate any of the	38144
following:	38145

(1) A health insuring corporation to cover solely medicaid	38146
recipients;	38147

(2) A health insuring corporation to cover solely medicare	38148
beneficiaries;	38149

(3) A health insuring corporation to cover solely medicaid	38150
recipients and medicare beneficiaries;	38151

~~(4) A health insuring corporation to cover solely~~	38152
~~participants of the children's buy-in program;~~	38153

~~(5) A health insuring corporation to cover solely medicaid~~	38154
~~recipients and participants of the children's buy-in program;~~	38155

~~(6) A health insuring corporation to cover solely medicaid~~	38156
~~recipients, medicare beneficiaries, and participants of the~~	38157
~~children's buy-in program~~.	38158

Sec. 1751.11. (A) Every subscriber of a health insuring	38159
corporation is entitled to an evidence of coverage for the health	38160
care plan under which health care benefits are provided.	38161

(B) Every subscriber of a health insuring corporation that	38162
offers basic health care services is entitled to an identification	38163
card or similar document that specifies the health insuring	38164
corporation's name as stated in its articles of incorporation, and	38165
any trade or fictitious names used by the health insuring	38166
corporation. The identification card or document shall list at	38167
least one toll-free telephone number that provides the subscriber	38168
with access, to information on a twenty-four-hours-per-day,	38169
seven-days-per-week basis, as to how health care services may be	38170
obtained. The identification card or document shall also list at	38171
least one toll-free number that, during normal business hours,	38172
provides the subscriber with access to information on the coverage	38173
available under the subscriber's health care plan and information	38174
on the health care plan's internal and external review processes.	38175

(C) No evidence of coverage, or amendment to the evidence of	38176
coverage, shall be delivered, issued for delivery, renewed, or	38177
used, until the form of the evidence of coverage or amendment has	38178
been filed by the health insuring corporation with the	38179
superintendent of insurance. If the superintendent does not	38180
disapprove the evidence of coverage or amendment within sixty days	38181
after it is filed it shall be deemed approved, unless the	38182
superintendent sooner gives approval for the evidence of coverage	38183
or amendment. With respect to an amendment to an approved evidence	38184
of coverage, the superintendent only may disapprove provisions	38185
amended or added to the evidence of coverage. If the	38186
superintendent determines within the sixty-day period that any	38187
evidence of coverage or amendment fails to meet the requirements	38188
of this section, the superintendent shall so notify the health	38189
insuring corporation and it shall be unlawful for the health	38190
insuring corporation to use such evidence of coverage or	38191
amendment. At any time, the superintendent, upon at least thirty	38192
days' written notice to a health insuring corporation, may	38193
withdraw an approval, deemed or actual, of any evidence of	38194
coverage or amendment on any of the grounds stated in this	38195
section. Such disapproval shall be effected by a written order,	38196
which shall state the grounds for disapproval and shall be issued	38197
in accordance with Chapter 119. of the Revised Code.	38198

(D) No evidence of coverage or amendment shall be delivered,	38199
issued for delivery, renewed, or used:	38200

(1) If it contains provisions or statements that are	38201
inequitable, untrue, misleading, or deceptive;	38202

(2) Unless it contains a clear, concise, and complete	38203
statement of the following:	38204

(a) The health care services and insurance or other benefits,	38205
if any, to which an enrollee is entitled under the health care	38206
plan;	38207

(b) Any exclusions or limitations on the health care	38208
services, type of health care services, benefits, or type of	38209
benefits to be provided, including copayments and deductibles;	38210

(c) An enrollee's personal financial obligation for	38211
noncovered services;	38212

(d) Where and in what manner general information and	38213
information as to how health care services may be obtained is	38214
available, including a toll-free telephone number;	38215

(e) The premium rate with respect to individual and	38216
conversion contracts, and relevant copayment and deductible	38217
provisions with respect to all contracts. The statement of the	38218
premium rate, however, may be contained in a separate insert.	38219

(f) The method utilized by the health insuring corporation	38220
for resolving enrollee complaints;	38221

(g) The utilization review, internal review, and external	38222
review procedures established under sections 1751.77 to 1751.85 of	38223
the Revised Code.	38224

(3) Unless it provides for the continuation of an enrollee's	38225
coverage, in the event that the enrollee's coverage under the	38226
group policy, contract, certificate, or agreement terminates while	38227
the enrollee is receiving inpatient care in a hospital. This	38228
continuation of coverage shall terminate at the earliest	38229
occurrence of any of the following:	38230

(a) The enrollee's discharge from the hospital;

38231

(b) The determination by the enrollee's attending physician	38232
that inpatient care is no longer medically indicated for the	38233
enrollee; however, nothing in division (D)(3)(b) of this section	38234
precludes a health insuring corporation from engaging in	38235
utilization review as described in the evidence of coverage.	38236

(c) The enrollee's reaching the limit for contractual	38237
benefits;	38238

(d) The effective date of any new coverage.

38239

(4) Unless it contains a provision that states, in substance,	38240
that the health insuring corporation is not a member of any	38241
guaranty fund, and that in the event of the health insuring	38242
corporation's insolvency, an enrollee is protected only to the	38243
extent that the hold harmless provision required by section	38244
1751.13 of the Revised Code applies to the health care services	38245
rendered;	38246

(5) Unless it contains a provision that states, in substance,	38247
that in the event of the insolvency of the health insuring	38248
corporation, an enrollee may be financially responsible for health	38249
care services rendered by a provider or health care facility that	38250
is not under contract to the health insuring corporation, whether	38251
or not the health insuring corporation authorized the use of the	38252
provider or health care facility.	38253

(E) Notwithstanding divisions (C) and (D) of this section, a	38254
health insuring corporation may use an evidence of coverage that	38255
provides for the coverage of beneficiaries enrolled in medicare	38256
pursuant to a medicare contract, or an evidence of coverage that	38257
provides for the coverage of beneficiaries enrolled in the federal	38258
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	38259
an evidence of coverage that provides for the coverage of medicaid	38260
recipients, ~~or an evidence of coverage that provides for coverage~~	38261
~~of participants of the children's buy-in program,~~ or an evidence	38262
of coverage that provides for the coverage of beneficiaries under	38263
any other federal health care program regulated by a federal	38264
regulatory body, or an evidence of coverage that provides for the	38265
coverage of beneficiaries under any contract covering officers or	38266
employees of the state that has been entered into by the	38267
department of administrative services, if both of the following	38268
apply:	38269

(1) The evidence of coverage has been approved by the United	38270
States department of health and human services, the United States	38271
office of personnel management, the Ohio department of job and	38272
family services, or the department of administrative services.	38273

(2) The evidence of coverage is filed with the superintendent	38274
of insurance prior to use and is accompanied by documentation of	38275
approval from the United States department of health and human	38276
services, the United States office of personnel management, the	38277
Ohio department of job and family services, or the department of	38278
administrative services.	38279

Sec. 1751.111. (A)(1) This section applies to both of the	38280
following:	38281

(a) A health insuring corporation that issues or requires the	38282
use of a standardized identification card or an electronic	38283
technology for submission and routing of prescription drug claims	38284
pursuant to a policy, contract, or agreement for health care	38285
services;	38286

(b) A person or entity that a health insuring corporation	38287
contracts with to issue a standardized identification card or an	38288
electronic technology described in division (A)(1)(a) of this	38289
section.	38290

(2) Notwithstanding division (A)(1) of this section, this	38291
section does not apply to the issuance or required use of a	38292
standardized identification card or an electronic technology for	38293
submission and routing of prescription drug claims in connection	38294
with any of the following:	38295

(a) Coverage provided under the medicare advantage program	38296
operated pursuant to Part C of Title XVIII of the "Social Security	38297
Act," 49 Stat. 62 (1935), 42 U.S.C. 301, as amended.	38298

(b) Coverage provided under medicaid.

38299

38300

~~(d)~~ Coverage provided under an employer's self-insurance plan	38301
or by any of its administrators, as defined in section 3959.01 of	38302
the Revised Code, to the extent that federal law supersedes,	38303
preempts, prohibits, or otherwise precludes the application of	38304
this section to the plan and its administrators.	38305

(B) A standardized identification card or an electronic	38306
technology issued or required to be used as provided in division	38307
(A)(1) of this section shall contain uniform prescription drug	38308
information in accordance with either division (B)(1) or (2) of	38309
this section.	38310

(1) The standardized identification card or the electronic	38311
technology shall be in a format and contain information fields	38312
approved by the national council for prescription drug programs or	38313
a successor organization, as specified in the council's or	38314
successor organization's pharmacy identification card	38315
implementation guide in effect on the first day of October most	38316
immediately preceding the issuance or required use of the	38317
standardized identification card or the electronic technology.	38318

(2) If the health insuring corporation or the person under	38319
contract with the corporation to issue a standardized	38320
identification card or an electronic technology requires the	38321
information for the submission and routing of a claim, the	38322
standardized identification card or the electronic technology	38323
shall contain any of the following information:	38324

(a) The health insuring corporation's name;

38325

(b) The subscriber's name, group number, and identification	38326
number;	38327

(c) A telephone number to inquire about pharmacy-related	38328
issues;	38329

(d) The issuer's international identification number, labeled	38330
as "ANSI BIN" or "RxBIN";	38331

(e) The processor's control number, labeled as "RxPCN";

38332

(f) The subscriber's pharmacy benefits group number if	38333
different from the subscriber's medical group number, labeled as	38334
"RxGrp."	38335

(C) If the standardized identification card or the electronic	38336
technology issued or required to be used as provided in division	38337
(A)(1) of this section is also used for submission and routing of	38338
nonpharmacy claims, the designation "Rx" is required to be	38339
included as part of the labels identified in divisions (B)(2)(d)	38340
and (e) of this section if the issuer's international	38341
identification number or the processor's control number is	38342
different for medical and pharmacy claims.	38343

(D) Each health insuring corporation described in division	38344
(A) of this section shall annually file a certificate with the	38345
superintendent of insurance certifying that it or any person it	38346
contracts with to issue a standardized identification card or	38347
electronic technology for submission and routing of prescription	38348
drug claims complies with this section.	38349

(E)(1) Except as provided in division (E)(2) of this section,	38350
if there is a change in the information contained in the	38351
standardized identification card or the electronic technology	38352
issued to a subscriber, the health insuring corporation or person	38353
under contract with the corporation to issue a standardized	38354
identification card or an electronic technology shall issue a new	38355
card or electronic technology to the subscriber.	38356

(2) A health insuring corporation or person under contract	38357
with the corporation is not required under division (E)(1) of this	38358
section to issue a new card or electronic technology to a	38359
subscriber more than once during a twelve-month period.	38360

(F) Nothing in this section shall be construed as requiring a	38361
health insuring corporation to produce more than one standardized	38362
identification card or one electronic technology for use by	38363
subscribers accessing health care benefits provided under a	38364
policy, contract, or agreement for health care services.	38365

Sec. 1751.12. (A)(1) No contractual periodic prepayment and	38366
no premium rate for nongroup and conversion policies for health	38367
care services, or any amendment to them, may be used by any health	38368
insuring corporation at any time until the contractual periodic	38369
prepayment and premium rate, or amendment, have been filed with	38370
the superintendent of insurance, and shall not be effective until	38371
the expiration of sixty days after their filing unless the	38372
superintendent sooner gives approval. The filing shall be	38373
accompanied by an actuarial certification in the form prescribed	38374
by the superintendent. The superintendent shall disapprove the	38375
filing, if the superintendent determines within the sixty-day	38376
period that the contractual periodic prepayment or premium rate,	38377
or amendment, is not in accordance with sound actuarial principles	38378
or is not reasonably related to the applicable coverage and	38379
characteristics of the applicable class of enrollees. The	38380
superintendent shall notify the health insuring corporation of the	38381
disapproval, and it shall thereafter be unlawful for the health	38382
insuring corporation to use the contractual periodic prepayment or	38383
premium rate, or amendment.	38384

(2) No contractual periodic prepayment for group policies for	38385
health care services shall be used until the contractual periodic	38386
prepayment has been filed with the superintendent. The filing	38387
shall be accompanied by an actuarial certification in the form	38388
prescribed by the superintendent. The superintendent may reject a	38389
filing made under division (A)(2) of this section at any time,	38390
with at least thirty days' written notice to a health insuring	38391
corporation, if the contractual periodic prepayment is not in	38392
accordance with sound actuarial principles or is not reasonably	38393
related to the applicable coverage and characteristics of the	38394
applicable class of enrollees.	38395

(3) At any time, the superintendent, upon at least thirty	38396
days' written notice to a health insuring corporation, may	38397
withdraw the approval given under division (A)(1) of this section,	38398
deemed or actual, of any contractual periodic prepayment or	38399
premium rate, or amendment, based on information that either of	38400
the following applies:	38401

(a) The contractual periodic prepayment or premium rate, or	38402
amendment, is not in accordance with sound actuarial principles.	38403

(b) The contractual periodic prepayment or premium rate, or	38404
amendment, is not reasonably related to the applicable coverage	38405
and characteristics of the applicable class of enrollees.	38406

(4) Any disapproval under division (A)(1) of this section,	38407
any rejection of a filing made under division (A)(2) of this	38408
section, or any withdrawal of approval under division (A)(3) of	38409
this section, shall be effected by a written notice, which shall	38410
state the specific basis for the disapproval, rejection, or	38411
withdrawal and shall be issued in accordance with Chapter 119. of	38412
the Revised Code.	38413

(B) Notwithstanding division (A) of this section, a health	38414
insuring corporation may use a contractual periodic prepayment or	38415
premium rate for policies used for the coverage of beneficiaries	38416
enrolled in medicare pursuant to a medicare risk contract or	38417
medicare cost contract, or for policies used for the coverage of	38418
beneficiaries enrolled in the federal employees health benefits	38419
program pursuant to 5 U.S.C.A. 8905, or for policies used for the	38420
coverage of medicaid recipients, ~~or for policies used for coverage~~	38421
~~of participants of the children's buy-in program,~~ or for policies	38422
used for the coverage of beneficiaries under any other federal	38423
health care program regulated by a federal regulatory body, or for	38424
policies used for the coverage of beneficiaries under any contract	38425
covering officers or employees of the state that has been entered	38426
into by the department of administrative services, if both of the	38427
following apply:	38428

(1) The contractual periodic prepayment or premium rate has	38429
been approved by the United States department of health and human	38430
services, the United States office of personnel management, the	38431
department of job and family services, or the department of	38432
administrative services.	38433

(2) The contractual periodic prepayment or premium rate is	38434
filed with the superintendent prior to use and is accompanied by	38435
documentation of approval from the United States department of	38436
health and human services, the United States office of personnel	38437
management, the department of job and family services, or the	38438
department of administrative services.	38439

(C) The administrative expense portion of all contractual	38440
periodic prepayment or premium rate filings submitted to the	38441
superintendent for review must reflect the actual cost of	38442
administering the product. The superintendent may require that the	38443
administrative expense portion of the filings be itemized and	38444
supported.	38445

(D)(1) Copayments must be reasonable and must not be a	38446
barrier to the necessary utilization of services by enrollees.	38447

(2) A health insuring corporation, in order to ensure that	38448
copayments are reasonable and not a barrier to the necessary	38449
utilization of basic health care services by enrollees, may do one	38450
of the following:	38451

(a) Impose copayment charges on any single covered basic	38452
health care service that does not exceed forty per cent of the	38453
average cost to the health insuring corporation of providing the	38454
service;	38455

(b) Impose copayment charges that annually do not exceed	38456
twenty per cent of the total annual cost to the health insuring	38457
corporation of providing all covered basic health care services,	38458
including physician office visits, urgent care services, and	38459
emergency health services, when aggregated as to all persons	38460
covered under the filed product in question. In addition, annual	38461
copayment charges as to each enrollee shall not exceed twenty per	38462
cent of the total annual cost to the health insuring corporation	38463
of providing all covered basic health care services, including	38464
physician office visits, urgent care services, and emergency	38465
health services, as to such enrollee. The total annual cost of	38466
providing a health care service is the cost to the health insuring	38467
corporation of providing the health care service to its enrollees	38468
as reduced by any applicable provider discount.	38469

(3) To ensure that copayments are reasonable and not a	38470
barrier to the utilization of basic health care services, a health	38471
insuring corporation may not impose, in any contract year, on any	38472
subscriber or enrollee, copayments that exceed two hundred per	38473
cent of the average annual premium rate to subscribers or	38474
enrollees.	38475

(4) For purposes of division (D) of this section, both of the	38476
following apply:	38477

(a) Copayments imposed by health insuring corporations in	38478
connection with a high deductible health plan that is linked to a	38479
health savings account are reasonable and are not a barrier to the	38480
necessary utilization of services by enrollees.	38481

(b) Divisions (D)(2) and (3) of this section do not apply to	38482
a high deductible health plan that is linked to a health savings	38483
account.	38484

(E) A health insuring corporation shall not impose lifetime	38485
maximums on basic health care services. However, a health insuring	38486
corporation may establish a benefit limit for inpatient hospital	38487
services that are provided pursuant to a policy, contract,	38488
certificate, or agreement for supplemental health care services.	38489

(F) A health insuring corporation may require that an	38490
enrollee pay an annual deductible that does not exceed one	38491
thousand dollars per enrollee or two thousand dollars per family,	38492
except that:	38493

(1) A health insuring corporation may impose higher	38494
deductibles for high deductible health plans that are linked to	38495
health savings accounts;	38496

(2) The superintendent may adopt rules allowing different	38497
annual deductible amounts for plans with a medical savings	38498
account, health reimbursement arrangement, flexible spending	38499
account, or similar account;	38500

(3) A health insuring corporation may impose higher	38501
deductibles under health plans if requested by the group contract,	38502
policy, certificate, or agreement holder, or an individual seeking	38503
coverage under an individual health plan. This shall not be	38504
construed as requiring the health insuring corporation to create	38505
customized health plans for group contract holders or individuals.	38506

(G) As used in this section, "health savings account" and	38507
"high deductible health plan" have the same meanings as in the	38508
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 223, as	38509
amended.	38510

Sec. 1751.13. (A)(1)(a) A health insuring corporation shall,	38511
either directly or indirectly, enter into contracts for the	38512
provision of health care services with a sufficient number and	38513
types of providers and health care facilities to ensure that all	38514
covered health care services will be accessible to enrollees from	38515
a contracted provider or health care facility.	38516

(b) A health insuring corporation shall not refuse to	38517
contract with a physician for the provision of health care	38518
services or refuse to recognize a physician as a specialist on the	38519
basis that the physician attended an educational program or a	38520
residency program approved or certified by the American	38521
osteopathic association. A health insuring corporation shall not	38522
refuse to contract with a health care facility for the provision	38523
of health care services on the basis that the health care facility	38524
is certified or accredited by the American osteopathic association	38525
or that the health care facility is an osteopathic hospital as	38526
defined in section 3702.51 of the Revised Code.	38527

(c) Nothing in division (A)(1)(b) of this section shall be	38528
construed to require a health insuring corporation to make a	38529
benefit payment under a closed panel plan to a physician or health	38530
care facility with which the health insuring corporation does not	38531
have a contract, provided that none of the bases set forth in that	38532
division are used as a reason for failing to make a benefit	38533
payment.	38534

(2) When a health insuring corporation is unable to provide a	38535
covered health care service from a contracted provider or health	38536
care facility, the health insuring corporation must provide that	38537
health care service from a noncontracted provider or health care	38538
facility consistent with the terms of the enrollee's policy,	38539
contract, certificate, or agreement. The health insuring	38540
corporation shall either ensure that the health care service be	38541
provided at no greater cost to the enrollee than if the enrollee	38542
had obtained the health care service from a contracted provider or	38543
health care facility, or make other arrangements acceptable to the	38544
superintendent of insurance.	38545

(3) Nothing in this section shall prohibit a health insuring	38546
corporation from entering into contracts with out-of-state	38547
providers or health care facilities that are licensed, certified,	38548
accredited, or otherwise authorized in that state.	38549

(B)(1) A health insuring corporation shall, either directly	38550
or indirectly, enter into contracts with all providers and health	38551
care facilities through which health care services are provided to	38552
its enrollees.	38553

(2) A health insuring corporation, upon written request,	38554
shall assist its contracted providers in finding stop-loss or	38555
reinsurance carriers.	38556

(C) A health insuring corporation shall file an annual	38557
certificate with the superintendent certifying that all provider	38558
contracts and contracts with health care facilities through which	38559
health care services are being provided contain the following:	38560

(1) A description of the method by which the provider or	38561
health care facility will be notified of the specific health care	38562
services for which the provider or health care facility will be	38563
responsible, including any limitations or conditions on such	38564
services;	38565

(2) The specific hold harmless provision specifying	38566
protection of enrollees set forth as follows:	38567

"[Provider/Health Care Facility] agrees that in no event,	38568
including but not limited to nonpayment by the health insuring	38569
corporation, insolvency of the health insuring corporation, or	38570
breach of this agreement, shall [Provider/Health Care Facility]	38571
bill, charge, collect a deposit from, seek remuneration or	38572
reimbursement from, or have any recourse against, a subscriber,	38573
enrollee, person to whom health care services have been provided,	38574
or person acting on behalf of the covered enrollee, for health	38575
care services provided pursuant to this agreement. This does not	38576
prohibit [Provider/Health Care Facility] from collecting	38577
co-insurance, deductibles, or copayments as specifically provided	38578
in the evidence of coverage, or fees for uncovered health care	38579
services delivered on a fee-for-service basis to persons	38580
referenced above, nor from any recourse against the health	38581
insuring corporation or its successor."	38582

(3) Provisions requiring the provider or health care facility	38583
to continue to provide covered health care services to enrollees	38584
in the event of the health insuring corporation's insolvency or	38585
discontinuance of operations. The provisions shall require the	38586
provider or health care facility to continue to provide covered	38587
health care services to enrollees as needed to complete any	38588
medically necessary procedures commenced but unfinished at the	38589
time of the health insuring corporation's insolvency or	38590
discontinuance of operations. The completion of a medically	38591
necessary procedure shall include the rendering of all covered	38592
health care services that constitute medically necessary follow-up	38593
care for that procedure. If an enrollee is receiving necessary	38594
inpatient care at a hospital, the provisions may limit the	38595
required provision of covered health care services relating to	38596
that inpatient care in accordance with division (D)(3) of section	38597
1751.11 of the Revised Code, and may also limit such required	38598
provision of covered health care services to the period ending	38599
thirty days after the health insuring corporation's insolvency or	38600
discontinuance of operations.	38601

The provisions required by division (C)(3) of this section	38602
shall not require any provider or health care facility to continue	38603
to provide any covered health care service after the occurrence of	38604
any of the following:	38605

(a) The end of the thirty-day period following the entry of a	38606
liquidation order under Chapter 3903. of the Revised Code;	38607

(b) The end of the enrollee's period of coverage for a	38608
contractual prepayment or premium;	38609

(c) The enrollee obtains equivalent coverage with another	38610
health insuring corporation or insurer, or the enrollee's employer	38611
obtains such coverage for the enrollee;	38612

(d) The enrollee or the enrollee's employer terminates	38613
coverage under the contract;	38614

(e) A liquidator effects a transfer of the health insuring	38615
corporation's obligations under the contract under division (A)(8)	38616
of section 3903.21 of the Revised Code.	38617

(4) A provision clearly stating the rights and	38618
responsibilities of the health insuring corporation, and of the	38619
contracted providers and health care facilities, with respect to	38620
administrative policies and programs, including, but not limited	38621
to, payments systems, utilization review, quality assurance,	38622
assessment, and improvement programs, credentialing,	38623
confidentiality requirements, and any applicable federal or state	38624
programs;	38625

(5) A provision regarding the availability and	38626
confidentiality of those health records maintained by providers	38627
and health care facilities to monitor and evaluate the quality of	38628
care, to conduct evaluations and audits, and to determine on a	38629
concurrent or retrospective basis the necessity of and	38630
appropriateness of health care services provided to enrollees. The	38631
provision shall include terms requiring the provider or health	38632
care facility to make these health records available to	38633
appropriate state and federal authorities involved in assessing	38634
the quality of care or in investigating the grievances or	38635
complaints of enrollees, and requiring the provider or health care	38636
facility to comply with applicable state and federal laws related	38637
to the confidentiality of medical or health records.	38638

(6) A provision that states that contractual rights and	38639
responsibilities may not be assigned or delegated by the provider	38640
or health care facility without the prior written consent of the	38641
health insuring corporation;	38642

(7) A provision requiring the provider or health care	38643
facility to maintain adequate professional liability and	38644
malpractice insurance. The provision shall also require the	38645
provider or health care facility to notify the health insuring	38646
corporation not more than ten days after the provider's or health	38647
care facility's receipt of notice of any reduction or cancellation	38648
of such coverage.	38649

(8) A provision requiring the provider or health care	38650
facility to observe, protect, and promote the rights of enrollees	38651
as patients;	38652

(9) A provision requiring the provider or health care	38653
facility to provide health care services without discrimination on	38654
the basis of a patient's participation in the health care plan,	38655
age, sex, ethnicity, religion, sexual preference, health status,	38656
or disability, and without regard to the source of payments made	38657
for health care services rendered to a patient. This requirement	38658
shall not apply to circumstances when the provider or health care	38659
facility appropriately does not render services due to limitations	38660
arising from the provider's or health care facility's lack of	38661
training, experience, or skill, or due to licensing restrictions.	38662

(10) A provision containing the specifics of any obligation	38663
on the primary care provider to provide, or to arrange for the	38664
provision of, covered health care services twenty-four hours per	38665
day, seven days per week;	38666

(11) A provision setting forth procedures for the resolution	38667
of disputes arising out of the contract;	38668

(12) A provision stating that the hold harmless provision	38669
required by division (C)(2) of this section shall survive the	38670
termination of the contract with respect to services covered and	38671
provided under the contract during the time the contract was in	38672
effect, regardless of the reason for the termination, including	38673
the insolvency of the health insuring corporation;	38674

(13) A provision requiring those terms that are used in the	38675
contract and that are defined by this chapter, be used in the	38676
contract in a manner consistent with those definitions.	38677

This division does not apply to the coverage of beneficiaries	38678
enrolled in medicare pursuant to a medicare risk contract or	38679
medicare cost contract, or to the coverage of beneficiaries	38680
enrolled in the federal employee health benefits program pursuant	38681
to 5 U.S.C.A. 8905, or to the coverage of medicaid recipients, or	38682
to the coverage of beneficiaries under any federal health care	38683
program regulated by a federal regulatory body, ~~or to the coverage~~	38684
~~of participants of the children's buy-in program,~~ or to the	38685
coverage of beneficiaries under any contract covering officers or	38686
employees of the state that has been entered into by the	38687
department of administrative services.	38688

(D)(1) No health insuring corporation contract with a	38689
provider or health care facility shall contain any of the	38690
following:	38691

(a) A provision that directly or indirectly offers an	38692
inducement to the provider or health care facility to reduce or	38693
limit medically necessary health care services to a covered	38694
enrollee;	38695

(b) A provision that penalizes a provider or health care	38696
facility that assists an enrollee to seek a reconsideration of the	38697
health insuring corporation's decision to deny or limit benefits	38698
to the enrollee;	38699

(c) A provision that limits or otherwise restricts the	38700
provider's or health care facility's ethical and legal	38701
responsibility to fully advise enrollees about their medical	38702
condition and about medically appropriate treatment options;	38703

(d) A provision that penalizes a provider or health care	38704
facility for principally advocating for medically necessary health	38705
care services;	38706

(e) A provision that penalizes a provider or health care	38707
facility for providing information or testimony to a legislative	38708
or regulatory body or agency. This shall not be construed to	38709
prohibit a health insuring corporation from penalizing a provider	38710
or health care facility that provides information or testimony	38711
that is libelous or slanderous or that discloses trade secrets	38712
which the provider or health care facility has no privilege or	38713
permission to disclose.	38714

(f) A provision that violates Chapter 3963. of the Revised	38715
Code.	38716

(2) Nothing in this division shall be construed to prohibit a	38717
health insuring corporation from doing either of the following:	38718

(a) Making a determination not to reimburse or pay for a	38719
particular medical treatment or other health care service;	38720

(b) Enforcing reasonable peer review or utilization review	38721
protocols, or determining whether a particular provider or health	38722
care facility has complied with these protocols.	38723

(E) Any contract between a health insuring corporation and an	38724
intermediary organization shall clearly specify that the health	38725
insuring corporation must approve or disapprove the participation	38726
of any provider or health care facility with which the	38727
intermediary organization contracts.	38728

(F) If an intermediary organization that is not a health	38729
delivery network contracting solely with self-insured employers	38730
subcontracts with a provider or health care facility, the	38731
subcontract with the provider or health care facility shall do all	38732
of the following:	38733

(1) Contain the provisions required by divisions (C) and (G)	38734
of this section, as made applicable to an intermediary	38735
organization, without the inclusion of inducements or penalties	38736
described in division (D) of this section;	38737

(2) Acknowledge that the health insuring corporation is a	38738
third-party beneficiary to the agreement;	38739

(3) Acknowledge the health insuring corporation's role in	38740
approving the participation of the provider or health care	38741
facility, pursuant to division (E) of this section.	38742

(G) Any provider contract or contract with a health care	38743
facility shall clearly specify the health insuring corporation's	38744
statutory responsibility to monitor and oversee the offering of	38745
covered health care services to its enrollees.	38746

(H)(1) A health insuring corporation shall maintain its	38747
provider contracts and its contracts with health care facilities	38748
at one or more of its places of business in this state, and shall	38749
provide copies of these contracts to facilitate regulatory review	38750
upon written notice by the superintendent of insurance.	38751

(2) Any contract with an intermediary organization that	38752
accepts compensation shall include provisions requiring the	38753
intermediary organization to provide the superintendent with	38754
regulatory access to all books, records, financial information,	38755
and documents related to the provision of health care services to	38756
subscribers and enrollees under the contract. The contract shall	38757
require the intermediary organization to maintain such books,	38758
records, financial information, and documents at its principal	38759
place of business in this state and to preserve them for at least	38760
three years in a manner that facilitates regulatory review.	38761

(I)(1) A health insuring corporation shall notify its	38762
affected enrollees of the termination of a contract for the	38763
provision of health care services between the health insuring	38764
corporation and a primary care physician or hospital, by mail,	38765
within thirty days after the termination of the contract.	38766

(a) Notice shall be given to subscribers of the termination	38767
of a contract with a primary care physician if the subscriber, or	38768
a dependent covered under the subscriber's health care coverage,	38769
has received health care services from the primary care physician	38770
within the previous twelve months or if the subscriber or	38771
dependent has selected the physician as the subscriber's or	38772
dependent's primary care physician within the previous twelve	38773
months.	38774

(b) Notice shall be given to subscribers of the termination	38775
of a contract with a hospital if the subscriber, or a dependent	38776
covered under the subscriber's health care coverage, has received	38777
health care services from that hospital within the previous twelve	38778
months.	38779

(2) The health insuring corporation shall pay, in accordance	38780
with the terms of the contract, for all covered health care	38781
services rendered to an enrollee by a primary care physician or	38782
hospital between the date of the termination of the contract and	38783
five days after the notification of the contract termination is	38784
mailed to a subscriber at the subscriber's last known address.	38785

(J) Divisions (A) and (B) of this section do not apply to any	38786
health insuring corporation that, on June 4, 1997, holds a	38787
certificate of authority or license to operate under Chapter 1740.	38788
of the Revised Code.	38789

(K) Nothing in this section shall restrict the governing body	38790
of a hospital from exercising the authority granted it pursuant to	38791
section 3701.351 of the Revised Code.	38792

Sec. 1751.15. (A) Each health insuring corporation shall	38793
accept individuals for open enrollment coverage as provided in	38794
sections 3923.58 and 3923.581 of the Revised Code. A health	38795
insuring corporation may reinsure coverage of any individual	38796
acquired under those sections with the open enrollment reinsurance	38797
program in accordance with division (G) of section 3924.11 of the	38798
Revised Code. Fixed periodic prepayment rates charged for coverage	38799
reinsured by the program shall be established in accordance with	38800
section 3924.12 of the Revised Code.	38801

(B) This section does not apply to any of the following:

38802

(1) Any health insuring corporation that offers only	38803
supplemental health care services or specialty health care	38804
services;	38805

(2) Any health insuring corporation that offers plans only	38806
through medicare,or medicaid~~, or the children's buy-in program~~	38807
and that has no other commercial enrollment;	38808

(3) Any health insuring corporation that offers plans only	38809
through other federal health care programs regulated by federal	38810
regulatory bodies and that has no other commercial enrollment;	38811

(4) Any health insuring corporation that offers plans only	38812
through contracts covering officers or employees of the state that	38813
have been entered into by the department of administrative	38814
services and that has no other commercial enrollment.	38815

Sec. 1751.17. (A) As used in this section, "nongroup	38816
contract" means a contract issued by a health insuring corporation	38817
to an individual who makes direct application for coverage under	38818
the contract and who, if required by the health insuring	38819
corporation, submits to medical underwriting. "Nongroup contract"	38820
does not include group conversion coverage, coverage obtained	38821
through open enrollment, or coverage issued on the basis of	38822
membership in a group.	38823

(B) Except as provided in division (C) of this section, every	38824
nongroup contract that is issued by a health insuring corporation	38825
and that makes available basic health care services shall provide	38826
an option for conversion to a contract issued on a direct-payment	38827
basis to an enrollee covered by the nongroup contract. The option	38828
for conversion shall be available:	38829

(1) Upon the death of the subscriber, to the surviving spouse	38830
with respect to the spouse or dependents who were then covered by	38831
the nongroup contract;	38832

(2) Upon the divorce, dissolution, or annulment of the	38833
marriage of the subscriber, to the divorced spouse, or, in the	38834
event of annulment, to the former spouse of the subscriber;	38835

(3) To a child solely with respect to the child, upon the	38836
child's attaining the limiting age of coverage under the nongroup	38837
contract while covered as a dependent under the contract.	38838

(C) The direct payment contract offered pursuant to division	38839
(B) of this section shall not be made available to an enrollee if	38840
any of the following applies:	38841

(1) The enrollee is, or is eligible to be, covered for	38842
benefits at least comparable to the nongroup contract under any of	38843
the following:	38844

(a) Medicaid;

38845

(b) ~~The children's buy-in program;~~

38846

~~(c)~~ Medicare;

38847

~~(d)~~(c) Any act of congress or law under this or any other	38848
state of the United States providing coverage at least comparable	38849
to the benefits offered under division (C)(1)(a),or (b)~~, or (c)~~	38850
of this section.	38851

(2) The nongroup contract under which the enrollee was	38852
covered was terminated due to nonpayment of a premium rate.	38853

(3) The enrollee is eligible for group coverage provided by,	38854
or available through, an employer or association and the group	38855
coverage provides benefits comparable to the benefits provided	38856
under a direct payment contract.	38857

(D) The direct payment contract offered pursuant to division	38858
(B) of this section shall provide benefits that are at least	38859
comparable to the benefits provided by the nongroup contract under	38860
which the enrollee was covered at the time of the occurrence of	38861
any of the events set forth in division (B) of this section. The	38862
coverage provided under the direct payment contract shall be	38863
continuous, provided that the enrollee makes the required premium	38864
rate payment within the thirty-day period immediately following	38865
the occurrence of the event, and may be terminated for nonpayment	38866
of any required premium rate payment.	38867

(E) The evidence of coverage of every nongroup contract shall	38868
contain notice that an option for conversion to a contract issued	38869
on a direct-payment basis is available, in accordance with this	38870
section, to any enrollee covered by the contract.	38871

(F) Benefits otherwise payable to an enrollee under a direct	38872
payment contract shall be reduced by the amount of any benefits	38873
available to the enrollee under any applicable group health	38874
insuring corporation contract or group sickness and accident	38875
insurance policy.	38876

(G) Nothing in this section shall be construed as requiring a	38877
health insuring corporation to offer nongroup contracts.	38878

(H) This section does not apply to any nongroup contract	38879
offering only supplemental health care services or specialty	38880
health care services.	38881

Sec. 1751.20. (A) No health insuring corporation, or agent,	38882
employee, or representative of a health insuring corporation,	38883
shall use any advertisement or solicitation document, or shall	38884
engage in any activity, that is unfair, untrue, misleading, or	38885
deceptive.	38886

(B) No health insuring corporation shall use a name that is	38887
deceptively similar to the name or description of any insurance or	38888
surety corporation doing business in this state.	38889

(C) All solicitation documents, advertisements, evidences of	38890
coverage, and enrollee identification cards used by a health	38891
insuring corporation shall contain the health insuring	38892
corporation's name. The use of a trade name, an insurance group	38893
designation, the name of a parent company, the name of a division	38894
of an affiliated insurance company, a service mark, a slogan, a	38895
symbol, or other device, without the name of the health insuring	38896
corporation as stated in its articles of incorporation, shall not	38897
satisfy this requirement if the usage would have the capacity and	38898
tendency to mislead or deceive persons as to the true identity of	38899
the health insuring corporation.	38900

(D) No solicitation document or advertisement used by a	38901
health insuring corporation shall contain any words, symbols, or	38902
physical materials that are so similar in content, phraseology,	38903
shape, color, or other characteristic to those used by an agency	38904
of the federal government or this state, that prospective	38905
enrollees may be led to believe that the solicitation document or	38906
advertisement is connected with an agency of the federal	38907
government or this state.	38908

(E) A health insuring corporation that provides basic health	38909
care services may use the phrase "health maintenance organization"	38910
or the abbreviation "HMO" in its marketing name, advertising,	38911
solicitation documents, or marketing literature, or in reference	38912
to the phrase "doing business as" or the abbreviation "DBA."	38913

(F) This section does not apply to the coverage of	38914
beneficiaries enrolled in medicare pursuant to a medicare risk	38915
contract or medicare cost contract, or to the coverage of	38916
beneficiaries enrolled in the federal employee health benefits	38917
program pursuant to 5 U.S.C.A. 8905, or to the coverage of	38918
medicaid recipients~~, or to the coverage of participants of the~~	38919
~~children's buy-in program,~~ or to the coverage of beneficiaries	38920
under any federal health care program regulated by a federal	38921
regulatory body, or to the coverage of beneficiaries under any	38922
contract covering officers or employees of the state that has been	38923
entered into by the department of administrative services.	38924

Sec. 1751.31. (A) Any changes in a health insuring	38925
corporation's solicitation document shall be filed with the	38926
superintendent of insurance. The superintendent, within sixty days	38927
of filing, may disapprove any solicitation document or amendment	38928
to it on any of the grounds stated in this section. Such	38929
disapproval shall be effected by written notice to the health	38930
insuring corporation. The notice shall state the grounds for	38931
disapproval and shall be issued in accordance with Chapter 119. of	38932
the Revised Code.	38933

(B) The solicitation document shall contain all information	38934
necessary to enable a consumer to make an informed choice as to	38935
whether or not to enroll in the health insuring corporation. The	38936
information shall include a specific description of the health	38937
care services to be available and the approximate number and type	38938
of full-time equivalent medical practitioners. The information	38939
shall be presented in the solicitation document in a manner that	38940
is clear, concise, and intelligible to prospective applicants in	38941
the proposed service area.	38942

(C) Every potential applicant whose subscription to a health	38943
care plan is solicited shall receive, at or before the time of	38944
solicitation, a solicitation document approved by the	38945
superintendent.	38946

(D) Notwithstanding division (A) of this section, a health	38947
insuring corporation may use a solicitation document that the	38948
corporation uses in connection with policies for medicare	38949
beneficiaries pursuant to a medicare risk contract or medicare	38950
cost contract, or for policies for beneficiaries of the federal	38951
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	38952
for policies for medicaid recipients, or for policies for	38953
beneficiaries of any other federal health care program regulated	38954
by a federal regulatory body, ~~or for policies for participants of~~	38955
~~the children's buy-in program,~~ or for policies for beneficiaries	38956
of contracts covering officers or employees of the state entered	38957
into by the department of administrative services, if both of the	38958
following apply:	38959

(1) The solicitation document has been approved by the United	38960
States department of health and human services, the United States	38961
office of personnel management, the department of job and family	38962
services, or the department of administrative services.	38963

(2) The solicitation document is filed with the	38964
superintendent of insurance prior to use and is accompanied by	38965
documentation of approval from the United States department of	38966
health and human services, the United States office of personnel	38967
management, the department of job and family services, or the	38968
department of administrative services.	38969

(E) No health insuring corporation, or its agents or	38970
representatives, shall use monetary or other valuable	38971
consideration, engage in misleading or deceptive practices, or	38972
make untrue, misleading, or deceptive representations to induce	38973
enrollment. Nothing in this division shall prohibit incentive	38974
forms of remuneration such as commission sales programs for the	38975
health insuring corporation's employees and agents.	38976

(F) Any person obligated for any part of a premium rate in	38977
connection with an enrollment agreement, in addition to any right	38978
otherwise available to revoke an offer, may cancel such agreement	38979
within seventy-two hours after having signed the agreement or	38980
offer to enroll. Cancellation occurs when written notice of the	38981
cancellation is given to the health insuring corporation or its	38982
agents or other representatives. A notice of cancellation mailed	38983
to the health insuring corporation shall be considered to have	38984
been filed on its postmark date.	38985

(G) Nothing in this section shall prohibit healthy lifestyle	38986
programs.	38987

Sec. 1751.34. (A) Each health insuring corporation and each	38988
applicant for a certificate of authority under this chapter shall	38989
be subject to examination by the superintendent of insurance in	38990
accordance with section 3901.07 of the Revised Code. Section	38991
3901.07 of the Revised Code shall govern every aspect of the	38992
examination, including the circumstances under and frequency with	38993
which it is conducted, the authority of the superintendent and any	38994
examiner or other person appointed by the superintendent, the	38995
liability for the assessment of expenses incurred in conducting	38996
the examination, and the remittance of the assessment to the	38997
superintendent's examination fund.	38998

(B) The superintendent shall make an examination concerning	38999
the matters subject to the superintendent's consideration in	39000
section 1751.04 of the Revised Code as often as the superintendent	39001
considers it necessary for the protection of the interests of the	39002
people of this state. The expenses of such examinations shall be	39003
assessed against the health insuring corporation being examined in	39004
the manner in which expenses of examinations are assessed against	39005
an insurance company under section 3901.07 of the Revised Code.	39006
Nothing in this division requires the superintendent to make an	39007
examination of any of the following:	39008

(1) A health insuring corporation that covers solely medicaid	39009
recipients;	39010

(2) A health insuring corporation that covers solely medicare	39011
beneficiaries;	39012

(3) A health insuring corporation that covers solely medicaid	39013
recipients and medicare beneficiaries;	39014

~~(4) A health insuring corporation that covers solely~~	39015
~~participants of the children's buy-in program;~~	39016

~~(5) A health insuring corporation that covers solely medicaid~~	39017
~~recipients and participants of the children's buy-in program;~~	39018

~~(6) A health insuring corporation that covers solely medicaid~~	39019
~~recipients, medicare beneficiaries, and participants of the~~	39020
~~children's buy-in program~~.	39021

(C) An examination, pursuant to section 3901.07 of the	39022
Revised Code, of an insurance company holding a certificate of	39023
authority under this chapter to organize and operate a health	39024
insuring corporation shall include an examination of the health	39025
insuring corporation pursuant to this section and the examination	39026
shall satisfy the requirements of divisions (A) and (B) of this	39027
section.	39028

(D) The superintendent may conduct market conduct	39029
examinations pursuant to section 3901.011 of the Revised Code of	39030
any health insuring corporation as often as the superintendent	39031
considers it necessary for the protection of the interests of	39032
subscribers and enrollees. The expenses of such market conduct	39033
examinations shall be assessed against the health insuring	39034
corporation being examined. All costs, assessments, or fines	39035
collected under this division shall be paid into the state	39036
treasury to the credit of the department of insurance operating	39037
fund.	39038

Sec. 1751.60. (A) Except as provided for in divisions (E)	39039
and (F) of this section, every provider or health care facility	39040
that contracts with a health insuring corporation to provide	39041
health care services to the health insuring corporation's	39042
enrollees or subscribers shall seek compensation for covered	39043
services solely from the health insuring corporation and not,	39044
under any circumstances, from the enrollees or subscribers, except	39045
for approved copayments and deductibles.	39046

(B) No subscriber or enrollee of a health insuring	39047
corporation is liable to any contracting provider or health care	39048
facility for the cost of any covered health care services, if the	39049
subscriber or enrollee has acted in accordance with the evidence	39050
of coverage.	39051

(C) Except as provided for in divisions (E) and (F) of this	39052
section, every contract between a health insuring corporation and	39053
provider or health care facility shall contain a provision	39054
approved by the superintendent of insurance requiring the provider	39055
or health care facility to seek compensation solely from the	39056
health insuring corporation and not, under any circumstances, from	39057
the subscriber or enrollee, except for approved copayments and	39058
deductibles.	39059

(D) Nothing in this section shall be construed as preventing	39060
a provider or health care facility from billing the enrollee or	39061
subscriber of a health insuring corporation for noncovered	39062
services.	39063

(E) Upon application by a health insuring corporation and a	39064
provider or health care facility, the superintendent may waive the	39065
requirements of divisions (A) and (C) of this section when, in	39066
addition to the reserve requirements contained in section 1751.28	39067
of the Revised Code, the health insuring corporation provides	39068
sufficient assurances to the superintendent that the provider or	39069
health care facility has been provided with financial guarantees.	39070
No waiver of the requirements of divisions (A) and (C) of this	39071
section is effective as to enrollees or subscribers for whom the	39072
health insuring corporation is compensated under a provider	39073
agreement or risk contract entered into pursuant to Chapter 5111.	39074
or 5115. of the Revised Code ~~or under the children's buy-in~~	39075
~~program~~.	39076

(F) The requirements of divisions (A) to (C) of this section	39077
apply only to health care services provided to an enrollee or	39078
subscriber prior to the effective date of a termination of a	39079
contract between the health insuring corporation and the provider	39080
or health care facility.	39081

Sec. 1761.04. (A) The licensing and operation of a credit	39082
union share guaranty corporation is subject to the regulation of	39083
the superintendent of insurance pursuant to Chapters 3901., 3903.,	39084
3905., 3925., 3927., 3929., 3937., 3941., and 3999. of the Revised	39085
Code to the extent such laws are otherwise applicable and are not	39086
in conflict with this chapter.	39087

(B) A credit union share guaranty corporation shall pay, by	39088
the fifteenth day of April of each year, to the superintendent of	39089
credit unions, an annual fee of one-half of one per cent of its	39090
guarantee fund as shown by the corporation's last annual financial	39091
report, but in no event shall such payment exceed ~~five~~twenty-five	39092
thousand dollars in any calendar year.	39093

(C) In addition to the specific powers and duties given the	39094
superintendent of insurance and the superintendent of credit	39095
unions under this chapter, the superintendents may independently,	39096
pursuant to Chapter 119. of the Revised Code, adopt, amend, and	39097
rescind such rules as are necessary to implement the requirements	39098
of this chapter.	39099

Sec. 1776.83. (A) A limited liability partnership and a	39100
foreign limited liability partnership authorized to transact	39101
business in this state shall file a biennial report in the office	39102
of the secretary of state. The report shall contain all of the	39103
following:	39104

(1) The name of the limited liability partnership and the	39105
state or other jurisdiction under whose laws the foreign limited	39106
liability partnership is formed;	39107

(2) The street address of the partnership's chief executive	39108
office and, if the partnership's chief executive office is not in	39109
this state, the street address of any office of the partnership in	39110
this state;	39111

(3) If the partnership does not have an office in this state,	39112
the name and street address of the partnership's current agent for	39113
service of process.	39114

(B) A partnership shall file a biennial report between the	39115
first day of April and the first day of July of each odd-numbered	39116
year that follows the calendar year in which the partnership files	39117
a statement of qualification or a foreign partnership becomes	39118
authorized to transact business in this state.	39119

(C) The secretary of state may revoke the statement of	39120
qualification of any partnership that fails to file a biennial	39121
report when due or pay the required filing fee. To revoke a	39122
statement, the secretary of state shall provide the partnership at	39123
least sixty days' written notice of the intent to revoke, mailed	39124
to the partnership at its chief executive office set forth in the	39125
last filed statement of qualification or biennial report or sent	39126
by electronic mail to the last electronic mail address provided to	39127
the secretary of state. The notice shall specify the report that	39128
the partnership failed to file, the unpaid fee, and the effective	39129
date of the revocation. The revocation is not effective if the	39130
partnership files the report and pays the fee before the effective	39131
date of the revocation.	39132

(D) A revocation under division (C) of this section affects	39133
only a partnership's status as a limited liability partnership and	39134
is not an event of dissolution of the partnership.	39135

(E) A partnership whose statement of qualification is revoked	39136
may apply to the secretary of state for reinstatement within two	39137
years after the effective date of the revocation. The application	39138
for reinstatement shall state the name of the partnership, the	39139
effective date of the revocation, and that the ground for	39140
revocation either did not exist or has been corrected.	39141

(F) A reinstatement under division (E) of this section	39142
relates back to and takes effect as of the effective date of the	39143
revocation, and the partnership's status as a limited liability	39144
partnership continues as if the revocation had never occurred.	39145

Sec. 1785.06. A professional association, within thirty days	39146
after the thirtieth day of June in each even-numbered year, shall	39147
furnish a statement to the secretary of state showing the names	39148
and post-office addresses of all of the shareholders in the	39149
association and certifying that all of the shareholders are duly	39150
licensed, certificated, or otherwise legally authorized to render	39151
within this state the same professional service for which the	39152
association was organized or, in the case of a combination of	39153
professional services described in division (B) of section 1785.01	39154
of the Revised Code, to render within this state any of the	39155
applicable types of professional services for which the	39156
association was organized. This statement shall be made on a form	39157
that the secretary of state shall prescribe, shall be signed by an	39158
officer of the association, and shall be filed in the office of	39159
the secretary of state.	39160

If any professional association fails to file the biennial	39161
statement within the time required by this section, the secretary	39162
of state shall give notice of the failure by ~~certified~~ordinary or	39163
electronic mail~~, return receipt requested,~~ to the last known	39164
physical or electronic address of the association or its agent. If	39165
the biennial statement is not filed within thirty days after the	39166
mailing of the notice, the secretary of state, upon the expiration	39167
of that period, shall cancel the association's articles of	39168
incorporation, give notice of the cancellation to the association	39169
by ordinary or electronic mail sent to the last known physical or	39170
electronic address of the association or its agent, and make a	39171
notation of the cancellation on the records of the secretary of	39172
state.	39173

A professional association whose articles have been canceled	39174
pursuant to this section may be reinstated by filing an	39175
application for reinstatement and the required biennial statement	39176
or statements and by paying the reinstatement fee specified in	39177
division (Q) of section 111.16 of the Revised Code. The rights,	39178
privileges, and franchises of a professional association whose	39179
articles have been reinstated are subject to section 1701.922 of	39180
the Revised Code. The secretary of state shall inform the tax	39181
commissioner of all cancellations and reinstatements under this	39182
section.	39183

Sec. 1901.02. (A) The municipal courts established by	39184
section 1901.01 of the Revised Code have jurisdiction within the	39185
corporate limits of their respective municipal corporations, or,	39186
for the Clermont county municipal court, the Columbiana county	39187
municipal court, and, effective January 1, 2008, the Erie county	39188
municipal court, within the municipal corporation or	39189
unincorporated territory in which they are established, and are	39190
courts of record. Each of the courts shall be styled	39191
".................................. municipal court," inserting	39192
the name of the municipal corporation, except the following	39193
courts, which shall be styled as set forth below:	39194

(1) The municipal court established in Chesapeake that shall	39195
be styled and known as the "Lawrence county municipal court";	39196

(2) The municipal court established in Cincinnati that shall	39197
be styled and known as the "Hamilton county municipal court";	39198

(3) The municipal court established in Ravenna that shall be	39199
styled and known as the "Portage county municipal court";	39200

(4) The municipal court established in Athens that shall be	39201
styled and known as the "Athens county municipal court";	39202

(5) The municipal court established in Columbus that shall be	39203
styled and known as the "Franklin county municipal court";	39204

(6) The municipal court established in London that shall be	39205
styled and known as the "Madison county municipal court";	39206

(7) The municipal court established in Newark that shall be	39207
styled and known as the "Licking county municipal court";	39208

(8) The municipal court established in Wooster that shall be	39209
styled and known as the "Wayne county municipal court";	39210

(9) The municipal court established in Wapakoneta that shall	39211
be styled and known as the "Auglaize county municipal court";	39212

(10) The municipal court established in Troy that shall be	39213
styled and known as the "Miami county municipal court";	39214

(11) The municipal court established in Bucyrus that shall be	39215
styled and known as the "Crawford county municipal court";	39216

(12) The municipal court established in Logan that shall be	39217
styled and known as the "Hocking county municipal court";	39218

(13) The municipal court established in Urbana that shall be	39219
styled and known as the "Champaign county municipal court";	39220

(14) The municipal court established in Jackson that shall be	39221
styled and known as the "Jackson county municipal court";	39222

(15) The municipal court established in Springfield that	39223
shall be styled and known as the "Clark county municipal court";	39224

(16) The municipal court established in Kenton that shall be	39225
styled and known as the "Hardin county municipal court";	39226

(17) The municipal court established within Clermont county	39227
in Batavia or in any other municipal corporation or unincorporated	39228
territory within Clermont county that is selected by the	39229
legislative authority of that court that shall be styled and known	39230
as the "Clermont county municipal court";	39231

(18) The municipal court established in Wilmington that,	39232
beginning July 1, 1992, shall be styled and known as the "Clinton	39233
county municipal court";	39234

(19) The municipal court established in Port Clinton that	39235
shall be styled and known as "the Ottawa county municipal court";	39236

(20) The municipal court established in Lancaster that,	39237
beginning January 2, 2000, shall be styled and known as the	39238
"Fairfield county municipal court";	39239

(21) The municipal court established within Columbiana county	39240
in Lisbon or in any other municipal corporation or unincorporated	39241
territory selected pursuant to division (I) of section 1901.021 of	39242
the Revised Code, that shall be styled and known as the	39243
"Columbiana county municipal court";	39244

(22) The municipal court established in Georgetown that,	39245
beginning February 9, 2003, shall be styled and known as the	39246
"Brown county municipal court";	39247

(23) The municipal court established in Mount Gilead that,	39248
beginning January 1, 2003, shall be styled and known as the	39249
"Morrow county municipal court";	39250

(24) The municipal court established in Greenville that,	39251
beginning January 1, 2005, shall be styled and known as the "Darke	39252
county municipal court";	39253

(25) The municipal court established in Millersburg that,	39254
beginning January 1, 2007, shall be styled and known as the	39255
"Holmes county municipal court";	39256

(26) The municipal court established in Carrollton that,	39257
beginning January 1, 2007, shall be styled and known as the	39258
"Carroll county municipal court";	39259

(27) The municipal court established within Erie county in	39260
Milan or established in any other municipal corporation or	39261
unincorporated territory that is within Erie county, is within the	39262
territorial jurisdiction of that court, and is selected by the	39263
legislative authority of that court that, beginning January 1,	39264
2008, shall be styled and known as the "Erie county municipal	39265
court";	39266

(28) The municipal court established in Ottawa that,	39267
beginning January 1, 2011, shall be styled and known as the	39268
"Putnam county municipal court";	39269

(29) The municipal court established within Montgomery county	39270
in any municipal corporation or unincorporated territory within	39271
Montgomery county, except the municipal corporations of	39272
Centerville, Clayton, Dayton, Englewood, Germantown, Kettering,	39273
Miamisburg, Moraine, Oakwood, Union, Vandalia, and West Carrollton	39274
and Butler, German, Harrison, Miami, and Washington townships,	39275
that is selected by the legislative authority of that court and	39276
that, beginning July 1, 2010, shall be styled and known as the	39277
"Montgomery county municipal court."	39278

(B) In addition to the jurisdiction set forth in division (A)	39279
of this section, the municipal courts established by section	39280
1901.01 of the Revised Code have jurisdiction as follows:	39281

The Akron municipal court has jurisdiction within Bath,	39282
Richfield, and Springfield townships, and within the municipal	39283
corporations of Fairlawn, Lakemore, and Mogadore, in Summit	39284
county.	39285

The Alliance municipal court has jurisdiction within	39286
Lexington, Marlboro, Paris, and Washington townships in Stark	39287
county.	39288

The Ashland municipal court has jurisdiction within Ashland	39289
county.	39290

The Ashtabula municipal court has jurisdiction within	39291
Ashtabula, Plymouth, and Saybrook townships in Ashtabula county.	39292

The Athens county municipal court has jurisdiction within	39293
Athens county.	39294

The Auglaize county municipal court has jurisdiction within	39295
Auglaize county.	39296

The Avon Lake municipal court has jurisdiction within the	39297
municipal corporations of Avon and Sheffield in Lorain county.	39298

The Barberton municipal court has jurisdiction within	39299
Coventry, Franklin, and Green townships, within all of Copley	39300
township except within the municipal corporation of Fairlawn, and	39301
within the municipal corporations of Clinton and Norton, in Summit	39302
county.	39303

The Bedford municipal court has jurisdiction within the	39304
municipal corporations of Bedford Heights, Oakwood, Glenwillow,	39305
Solon, Bentleyville, Chagrin Falls, Moreland Hills, Orange,	39306
Warrensville Heights, North Randall, and Woodmere, and within	39307
Warrensville and Chagrin Falls townships, in Cuyahoga county.	39308

The Bellefontaine municipal court has jurisdiction within	39309
Logan county.	39310

The Bellevue municipal court has jurisdiction within Lyme and	39311
Sherman townships in Huron county and within York township in	39312
Sandusky county.	39313

The Berea municipal court has jurisdiction within the	39314
municipal corporations of Strongsville, Middleburgh Heights, Brook	39315
Park, Westview, and Olmsted Falls, and within Olmsted township, in	39316
Cuyahoga county.	39317

The Bowling Green municipal court has jurisdiction within the	39318
municipal corporations of Bairdstown, Bloomdale, Bradner, Custar,	39319
Cygnet, Grand Rapids, Haskins, Hoytville, Jerry City, Milton	39320
Center, North Baltimore, Pemberville, Portage, Rising Sun,	39321
Tontogany, Wayne, West Millgrove, and Weston, and within Bloom,	39322
Center, Freedom, Grand Rapids, Henry, Jackson, Liberty, Middleton,	39323
Milton, Montgomery, Plain, Portage, Washington, Webster, and	39324
Weston townships in Wood county.	39325

Beginning February 9, 2003, the Brown county municipal court	39326
has jurisdiction within Brown county.	39327

The Bryan municipal court has jurisdiction within Williams	39328
county.	39329

The Cambridge municipal court has jurisdiction within	39330
Guernsey county.	39331

The Campbell municipal court has jurisdiction within	39332
Coitsville township in Mahoning county.	39333

The Canton municipal court has jurisdiction within Canton,	39334
Lake, Nimishillen, Osnaburg, Pike, Plain, and Sandy townships in	39335
Stark county.	39336

The Carroll county municipal court has jurisdiction within	39337
Carroll county.	39338

The Celina municipal court has jurisdiction within Mercer	39339
county.	39340

The Champaign county municipal court has jurisdiction within	39341
Champaign county.	39342

The Chardon municipal court has jurisdiction within Geauga	39343
county.	39344

The Chillicothe municipal court has jurisdiction within Ross	39345
county.	39346

The Circleville municipal court has jurisdiction within	39347
Pickaway county.	39348

The Clark county municipal court has jurisdiction within	39349
Clark county.	39350

The Clermont county municipal court has jurisdiction within	39351
Clermont county.	39352

The Cleveland municipal court has jurisdiction within the	39353
municipal corporation of Bratenahl in Cuyahoga county.	39354

Beginning July 1, 1992, the Clinton county municipal court	39355
has jurisdiction within Clinton county.	39356

The Columbiana county municipal court has jurisdiction within	39357
all of Columbiana county except within the municipal corporation	39358
of East Liverpool and except within Liverpool and St. Clair	39359
townships.	39360

The Coshocton municipal court has jurisdiction within	39361
Coshocton county.	39362

The Crawford county municipal court has jurisdiction within	39363
Crawford county.	39364

Until December 31, 2008, the Cuyahoga Falls municipal court	39365
has jurisdiction within Boston, Hudson, Northfield Center,	39366
Sagamore Hills, and Twinsburg townships, and within the municipal	39367
corporations of Boston Heights, Hudson, Munroe Falls, Northfield,	39368
Peninsula, Reminderville, Silver Lake, Stow, Tallmadge, Twinsburg,	39369
and Macedonia, in Summit county.	39370

Beginning January 1, 2005, the Darke county municipal court	39371
has jurisdiction within Darke county except within the municipal	39372
corporation of Bradford.	39373

The Defiance municipal court has jurisdiction within Defiance	39374
county.	39375

The Delaware municipal court has jurisdiction within Delaware	39376
county.	39377

The East Liverpool municipal court has jurisdiction within	39378
Liverpool and St. Clair townships in Columbiana county.	39379

The Eaton municipal court has jurisdiction within Preble	39380
county.	39381

The Elyria municipal court has jurisdiction within the	39382
municipal corporations of Grafton, LaGrange, and North Ridgeville,	39383
and within Elyria, Carlisle, Eaton, Columbia, Grafton, and	39384
LaGrange townships, in Lorain county.	39385

Beginning January 1, 2008, the Erie county municipal court	39386
has jurisdiction within Erie county except within the townships of	39387
Florence, Huron, Perkins, and Vermilion and the municipal	39388
corporations of Bay View, Castalia, Huron, Sandusky, and	39389
Vermilion.	39390

The Fairborn municipal court has jurisdiction within the	39391
municipal corporation of Beavercreek and within Bath and	39392
Beavercreek townships in Greene county.	39393

Beginning January 2, 2000, the Fairfield county municipal	39394
court has jurisdiction within Fairfield county.	39395

The Findlay municipal court has jurisdiction within all of	39396
Hancock county except within Washington township.	39397

The Fostoria municipal court has jurisdiction within Loudon	39398
and Jackson townships in Seneca county, within Washington township	39399
in Hancock county, and within Perry township, except within the	39400
municipal corporation of West Millgrove, in Wood county.	39401

The Franklin municipal court has jurisdiction within Franklin	39402
township in Warren county.	39403

The Franklin county municipal court has jurisdiction within	39404
Franklin county.	39405

The Fremont municipal court has jurisdiction within Ballville	39406
and Sandusky townships in Sandusky county.	39407

The Gallipolis municipal court has jurisdiction within Gallia	39408
county.	39409

The Garfield Heights municipal court has jurisdiction within	39410
the municipal corporations of Maple Heights, Walton Hills, Valley	39411
View, Cuyahoga Heights, Newburgh Heights, Independence, and	39412
Brecksville in Cuyahoga county.	39413

The Girard municipal court has jurisdiction within Liberty,	39414
Vienna, and Hubbard townships in Trumbull county.	39415

The Hamilton municipal court has jurisdiction within Ross and	39416
St. Clair townships in Butler county.	39417

The Hamilton county municipal court has jurisdiction within	39418
Hamilton county.	39419

The Hardin county municipal court has jurisdiction within	39420
Hardin county.	39421

The Hillsboro municipal court has jurisdiction within all of	39422
Highland county except within Madison township.	39423

The Hocking county municipal court has jurisdiction within	39424
Hocking county.	39425

The Holmes county municipal court has jurisdiction within	39426
Holmes county.	39427

The Huron municipal court has jurisdiction within all of	39428
Huron township in Erie county except within the municipal	39429
corporation of Sandusky.	39430

The Ironton municipal court has jurisdiction within Aid,	39431
Decatur, Elizabeth, Hamilton, Lawrence, Upper, and Washington	39432
townships in Lawrence county.	39433

The Jackson county municipal court has jurisdiction within	39434
Jackson county.	39435

The Kettering municipal court has jurisdiction within the	39436
municipal corporations of Centerville and Moraine, and within	39437
Washington township, in Montgomery county.	39438

Until January 2, 2000, the Lancaster municipal court has	39439
jurisdiction within Fairfield county.	39440

The Lawrence county municipal court has jurisdiction within	39441
the townships of Fayette, Mason, Perry, Rome, Symmes, Union, and	39442
Windsor in Lawrence county.	39443

The Lebanon municipal court has jurisdiction within	39444
Turtlecreek township in Warren county.	39445

The Licking county municipal court has jurisdiction within	39446
Licking county.	39447

The Lima municipal court has jurisdiction within Allen	39448
county.	39449

The Lorain municipal court has jurisdiction within the	39450
municipal corporation of Sheffield Lake, and within Sheffield	39451
township, in Lorain county.	39452

The Lyndhurst municipal court has jurisdiction within the	39453
municipal corporations of Mayfield Heights, Gates Mills, Mayfield,	39454
Highland Heights, and Richmond Heights in Cuyahoga county.	39455

The Madison county municipal court has jurisdiction within	39456
Madison county.	39457

The Mansfield municipal court has jurisdiction within	39458
Madison, Springfield, Sandusky, Franklin, Weller, Mifflin, Troy,	39459
Washington, Monroe, Perry, Jefferson, and Worthington townships,	39460
and within sections 35-36-31 and 32 of Butler township, in	39461
Richland county.	39462

The Marietta municipal court has jurisdiction within	39463
Washington county.	39464

The Marion municipal court has jurisdiction within Marion	39465
county.	39466

The Marysville municipal court has jurisdiction within Union	39467
county.	39468

The Mason municipal court has jurisdiction within Deerfield	39469
township in Warren county.	39470

The Massillon municipal court has jurisdiction within	39471
Bethlehem, Perry, Sugar Creek, Tuscarawas, Lawrence, and Jackson	39472
townships in Stark county.	39473

The Maumee municipal court has jurisdiction within the	39474
municipal corporations of Waterville and Whitehouse, within	39475
Waterville and Providence townships, and within those portions of	39476
Springfield, Monclova, and Swanton townships lying south of the	39477
northerly boundary line of the Ohio turnpike, in Lucas county.	39478

The Medina municipal court has jurisdiction within the	39479
municipal corporations of Briarwood Beach, Brunswick,	39480
Chippewa-on-the-Lake, and Spencer and within the townships of	39481
Brunswick Hills, Chatham, Granger, Hinckley, Lafayette,	39482
Litchfield, Liverpool, Medina, Montville, Spencer, and York	39483
townships, in Medina county.	39484

The Mentor municipal court has jurisdiction within the	39485
municipal corporation of Mentor-on-the-Lake in Lake county.	39486

The Miami county municipal court has jurisdiction within	39487
Miami county and within the part of the municipal corporation of	39488
Bradford that is located in Darke county.	39489

The Miamisburg municipal court has jurisdiction within the	39490
municipal corporations of Germantown and West Carrollton, and	39491
within German and Miami townships in Montgomery county.	39492

The Middletown municipal court has jurisdiction within	39493
Madison township, and within all of Lemon township, except within	39494
the municipal corporation of Monroe, in Butler county.	39495

Beginning July 1, 2010, the Montgomery county municipal court	39496
has jurisdiction within all of Montgomery county except for the	39497
municipal corporations of Centerville, Clayton, Dayton, Englewood,	39498
Germantown, Kettering, Miamisburg, Moraine, Oakwood, Union,	39499
Vandalia, and West Carrollton and Butler, German, Harrison, Miami,	39500
and Washington townships.	39501

Beginning January 1, 2003, the Morrow county municipal court	39502
has jurisdiction within Morrow county.	39503

The Mount Vernon municipal court has jurisdiction within Knox	39504
county.	39505

The Napoleon municipal court has jurisdiction within Henry	39506
county.	39507

The New Philadelphia municipal court has jurisdiction within	39508
the municipal corporation of Dover, and within Auburn, Bucks,	39509
Fairfield, Goshen, Jefferson, Warren, York, Dover, Franklin,	39510
Lawrence, Sandy, Sugarcreek, and Wayne townships in Tuscarawas	39511
county.	39512

The Newton Falls municipal court has jurisdiction within	39513
Bristol, Bloomfield, Lordstown, Newton, Braceville, Southington,	39514
Farmington, and Mesopotamia townships in Trumbull county.	39515

The Niles municipal court has jurisdiction within the	39516
municipal corporation of McDonald, and within Weathersfield	39517
township in Trumbull county.	39518

The Norwalk municipal court has jurisdiction within all of	39519
Huron county except within the municipal corporation of Bellevue	39520
and except within Lyme and Sherman townships.	39521

The Oberlin municipal court has jurisdiction within the	39522
municipal corporations of Amherst, Kipton, Rochester, South	39523
Amherst, and Wellington, and within Henrietta, Russia, Camden,	39524
Pittsfield, Brighton, Wellington, Penfield, Rochester, and	39525
Huntington townships, and within all of Amherst township except	39526
within the municipal corporation of Lorain, in Lorain county.	39527

The Oregon municipal court has jurisdiction within the	39528
municipal corporation of Harbor View, and within Jerusalem	39529
township, in Lucas county, and north within Maumee Bay and Lake	39530
Erie to the boundary line between Ohio and Michigan between the	39531
easterly boundary of the court and the easterly boundary of the	39532
Toledo municipal court.	39533

The Ottawa county municipal court has jurisdiction within	39534
Ottawa county.	39535

The Painesville municipal court has jurisdiction within	39536
Painesville, Perry, Leroy, Concord, and Madison townships in Lake	39537
county.	39538

The Parma municipal court has jurisdiction within the	39539
municipal corporations of Parma Heights, Brooklyn, Linndale, North	39540
Royalton, Broadview Heights, Seven Hills, and Brooklyn Heights in	39541
Cuyahoga county.	39542

The Perrysburg municipal court has jurisdiction within the	39543
municipal corporations of Luckey, Millbury, Northwood, Rossford,	39544
and Walbridge, and within Perrysburg, Lake, and Troy townships, in	39545
Wood county.	39546

The Portage county municipal court has jurisdiction within	39547
Portage county.	39548

The Portsmouth municipal court has jurisdiction within Scioto	39549
county.	39550

The Putnam county municipal court has jurisdiction within	39551
Putnam county.	39552

The Rocky River municipal court has jurisdiction within the	39553
municipal corporations of Bay Village, Westlake, Fairview Park,	39554
and North Olmsted, and within Riveredge township, in Cuyahoga	39555
county.	39556

The Sandusky municipal court has jurisdiction within the	39557
municipal corporations of Castalia and Bay View, and within	39558
Perkins township, in Erie county.	39559

The Shaker Heights municipal court has jurisdiction within	39560
the municipal corporations of University Heights, Beachwood,	39561
Pepper Pike, and Hunting Valley in Cuyahoga county.	39562

The Shelby municipal court has jurisdiction within Sharon,	39563
Jackson, Cass, Plymouth, and Blooming Grove townships, and within	39564
all of Butler township except sections 35-36-31 and 32, in	39565
Richland county.	39566

The Sidney municipal court has jurisdiction within Shelby	39567
county.	39568

Beginning January 1, 2009, the Stow municipal court has	39569
jurisdiction within Boston, Hudson, Northfield Center, Sagamore	39570
Hills, and Twinsburg townships, and within the municipal	39571
corporations of Boston Heights, Cuyahoga Falls, Hudson, Munroe	39572
Falls, Northfield, Peninsula, Reminderville, Silver Lake, Stow,	39573
Tallmadge, Twinsburg, and Macedonia, in Summit county.	39574

The Struthers municipal court has jurisdiction within the	39575
municipal corporations of Lowellville, New Middleton, and Poland,	39576
and within Poland and Springfield townships in Mahoning county.	39577

The Sylvania municipal court has jurisdiction within the	39578
municipal corporations of Berkey and Holland, and within Sylvania,	39579
Richfield, Spencer, and Harding townships, and within those	39580
portions of Swanton, Monclova, and Springfield townships lying	39581
north of the northerly boundary line of the Ohio turnpike, in	39582
Lucas county.	39583

The Tiffin municipal court has jurisdiction within Adams, Big	39584
Spring, Bloom, Clinton, Eden, Hopewell, Liberty, Pleasant, Reed,	39585
Scipio, Seneca, Thompson, and Venice townships in Seneca county.	39586

The Toledo municipal court has jurisdiction within Washington	39587
township, and within the municipal corporation of Ottawa Hills, in	39588
Lucas county.	39589

The Upper Sandusky municipal court has jurisdiction within	39590
Wyandot county.	39591

The Vandalia municipal court has jurisdiction within the	39592
municipal corporations of Clayton, Englewood, and Union, and	39593
within Butler, Harrison, and Randolph townships, in Montgomery	39594
county.	39595

The Van Wert municipal court has jurisdiction within Van Wert	39596
county.	39597

The Vermilion municipal court has jurisdiction within the	39598
townships of Vermilion and Florence in Erie county and within all	39599
of Brownhelm township except within the municipal corporation of	39600
Lorain, in Lorain county.	39601

The Wadsworth municipal court has jurisdiction within the	39602
municipal corporations of Gloria Glens Park, Lodi, Seville, and	39603
Westfield Center, and within Guilford, Harrisville, Homer, Sharon,	39604
Wadsworth, and Westfield townships in Medina county.	39605

The Warren municipal court has jurisdiction within Warren and	39606
Champion townships, and within all of Howland township except	39607
within the municipal corporation of Niles, in Trumbull county.	39608

The Washington Court House municipal court has jurisdiction	39609
within Fayette county.	39610

The Wayne county municipal court has jurisdiction within	39611
Wayne county.	39612

The Willoughby municipal court has jurisdiction within the	39613
municipal corporations of Eastlake, Wickliffe, Willowick,	39614
Willoughby Hills, Kirtland, Kirtland Hills, Waite Hill,	39615
Timberlake, and Lakeline, and within Kirtland township, in Lake	39616
county.	39617

Through June 30, 1992, the Wilmington municipal court has	39618
jurisdiction within Clinton county.	39619

The Xenia municipal court has jurisdiction within	39620
Caesarcreek, Cedarville, Jefferson, Miami, New Jasper, Ross,	39621
Silvercreek, Spring Valley, Sugarcreek, and Xenia townships in	39622
Greene county.	39623

39624

(1) "Within a township" includes all land, including, but not	39625
limited to, any part of any municipal corporation, that is	39626
physically located within the territorial boundaries of that	39627
township, whether or not that land or municipal corporation is	39628
governmentally a part of the township.	39629

(2) "Within a municipal corporation" includes all land within	39630
the territorial boundaries of the municipal corporation and any	39631
townships that are coextensive with the municipal corporation.	39632

Sec. 1901.06. A municipal judge during the judge's term of	39633
office shall be a qualified elector and a resident of the	39634
territory of the court to which the judge is elected or appointed.	39635
A municipal judge shall have been admitted to the practice of law	39636
in this state and shall have been, for a total of at least six	39637
years preceding appointment or the commencement of the judge's	39638
term, engaged in the practice of law ~~in this state~~ or served as a	39639
judge of a court of record in any jurisdiction in the United	39640
States, or both. At least two of the years of practice or service	39641
that qualify a judge shall have been in this state.	39642

Except as provided in section 1901.08 of the Revised Code,	39643
the first election of any newly created office of a municipal	39644
judge shall be held at the next regular municipal election	39645
occurring not less than one hundred days after the creation of the	39646
office. Except as otherwise provided in division (G) of section	39647
1901.01 of the Revised Code, the institution of a new municipal	39648
court shall take place on the first day of January next after the	39649
first election for the court.	39650

Sec. 1901.261. (A)(1) A municipal court may determine that	39651
for the efficient operation of the court additional funds are	39652
required to computerize the court, to make available computerized	39653
legal research services, or to do both. Upon making a	39654
determination that additional funds are required for either or	39655
both of those purposes, the court shall include in its schedule of	39656
fees and costs under section 1901.26 of the Revised Code one	39657
additional fee not to exceed three dollars on the filing of each	39658
cause of action or appeal equivalent to one described in division	39659
(A), (Q), or (U) of section 2303.20 of the Revised Code and shall	39660
direct the clerk of the court to charge the fee.	39661

(2) All fees collected under this section shall be paid to	39662
the county treasurer if the court is a county-operated municipal	39663
court or to the city treasurer if the court is not a	39664
county-operated municipal court. The treasurer shall place the	39665
funds from the fees in a separate fund to be disbursed upon an	39666
order of the court, subject to an appropriation by the board of	39667
county commissioners if the court is a county-operated municipal	39668
court or by the legislative authority of the municipal corporation	39669
if the court is not a county-operated municipal court, or upon an	39670
order of the court, subject to the court making an annual report	39671
available to the public listing the use of all such funds, in an	39672
amount not greater than the actual cost to the court of	39673
computerizing the court, procuring and maintaining computerized	39674
legal research services, or both.	39675

(3) If the court determines that the funds in the fund	39676
described in division (A)(2) of this section are more than	39677
sufficient to satisfy the purpose for which the additional fee	39678
described in division (A)(1) of this section was imposed, the	39679
court may declare a surplus in the fund and, subject to an	39680
appropriation by the board of county commissioners if the court is	39681
a county-operated municipal court or by the legislative authority	39682
of the municipal corporation if the court is not a county-operated	39683
municipal court, expend those surplus funds, or upon an order of	39684
the court, subject to the court making an annual report available	39685
to the public listing the use of all such funds, expend those	39686
surplus funds, for other appropriate technological expenses of the	39687
court.	39688

(B)(1) A municipal court may determine that, for the	39689
efficient operation of the court, additional funds are required to	39690
computerize the office of the clerk of the court and, upon that	39691
determination, may include in its schedule of fees and costs under	39692
section 1901.26 of the Revised Code an additional fee not to	39693
exceed ten dollars on the filing of each cause of action or	39694
appeal, on the filing, docketing, and endorsing of each	39695
certificate of judgment, or on the docketing and indexing of each	39696
aid in execution or petition to vacate, revive, or modify a	39697
judgment that is equivalent to one described in division (A), (P),	39698
(Q), (T), or (U) of section 2303.20 of the Revised Code. Subject	39699
to division (B)(2) of this section, all moneys collected under	39700
division (B)(1) of this section shall be paid to the county	39701
treasurer if the court is a county-operated municipal court or to	39702
the city treasurer if the court is not a county-operated municipal	39703
court. The treasurer shall place the funds from the fees in a	39704
separate fund to be disbursed, upon an order of the municipal	39705
court and subject to an appropriation by the board of county	39706
commissioners if the court is a county-operated municipal court or	39707
by the legislative authority of the municipal corporation if the	39708
court is not a county-operated municipal court, in an amount no	39709
greater than the actual cost to the court of procuring and	39710
maintaining computer systems for the office of the clerk of the	39711
municipal court.	39712

(2) If a municipal court makes the determination described in	39713
division (B)(1) of this section, the board of county commissioners	39714
of the county if the court is a county-operated municipal court or	39715
the legislative authority of the municipal corporation if the	39716
court is not a county-operated municipal court, may issue one or	39717
more general obligation bonds for the purpose of procuring and	39718
maintaining the computer systems for the office of the clerk of	39719
the municipal court. In addition to the purposes stated in	39720
division (B)(1) of this section for which the moneys collected	39721
under that division may be expended, the moneys additionally may	39722
be expended to pay debt charges and financing costs related to any	39723
general obligation bonds issued pursuant to division (B)(2) of	39724
this section as they become due. General obligation bonds issued	39725
pursuant to division (B)(2) of this section are Chapter 133.	39726
securities.	39727

Sec. 1901.262. (A) A municipal court may establish by rule	39728
procedures for the resolution of disputes between parties. Any	39729
procedures so adopted shall include, but are not limited to,	39730
mediation. If the court establishes any procedures under this	39731
division, the court may include in the court's schedule of fees	39732
and costs under section 1901.26 of the Revised Code a reasonable	39733
fee, that is to be collected on the filing of each civil or	39734
criminal action or proceeding, and that is to be used to implement	39735
the procedures, and the court shall direct the clerk of the court	39736
to charge the fee.	39737

(B) All fees collected under division (A) of this section	39738
shall be paid to the county treasurer if the court is a	39739
county-operated municipal court or to the city treasurer if the	39740
court is not a county-operated municipal court. The treasurer	39741
shall place the funds from the fees in a separate fund to be	39742
disbursed either upon an order of the court, subject to an	39743
appropriation by the board of county commissioners if the court is	39744
a county-operated municipal court or by the legislative authority	39745
of the municipal corporation if the court is not a county-operated	39746
municipal court, or upon an order of the court, subject to the	39747
court making an annual report available to the public listing the	39748
use of all such funds.	39749

(C) If the court determines that the amount of the moneys in	39750
the fund described in division (B) of this section is more than	39751
the amount sufficient to satisfy the purpose for which the	39752
additional fee described in division (A) of this section was	39753
imposed, the court may declare a surplus in the fund and, subject	39754
to an appropriation by the board of county commissioners if the	39755
court is a county-operated municipal court or by the legislative	39756
authority of the municipal corporation if the court is not a	39757
county-operated municipal court, expend the surplus moneys, or	39758
upon an order of the court, subject to the court making an annual	39759
report available to the public listing the use of all such funds,	39760
expend the surplus moneys for other appropriate expenses of the	39761
court.	39762

Sec. 1901.41. (A) Notwithstanding ~~section~~sections 149.381	39763
and 149.39 of the Revised Code and subject to division (E) of this	39764
section, each municipal court, by rule, may order the destruction	39765
or other disposition of the files of cases that have been finally	39766
disposed of by the court for at least five years as follows:	39767

(1) If a case has been finally disposed of for at least five	39768
years, but less than fifteen years prior to the adoption of the	39769
rule of court for destruction or other disposition of the files,	39770
the court may order the files destroyed or otherwise disposed of	39771
only if the court first complies with division (B)(1) of this	39772
section;	39773

(2) If a case has been finally disposed of for fifteen years	39774
or more prior to the adoption of the rule of court for destruction	39775
or other disposition of the files, the court may order the files	39776
destroyed or otherwise disposed of without having copied or	39777
reproduced the files prior to their destruction.	39778

(B)(1) Except as otherwise provided in this division, all	39779
files destroyed or otherwise disposed of under division (A)(1) of	39780
this section shall be copied or reproduced prior to their	39781
destruction or disposition in the manner and according to the	39782
procedure prescribed in section 9.01 of the Revised Code. The	39783
copies or reproductions of the files made pursuant to section 9.01	39784
of the Revised Code shall be retained and preserved by the court	39785
for a period of ten years after the destruction of the original	39786
files in accordance with this section, after which the copies or	39787
reproductions themselves may be destroyed or otherwise disposed	39788
of.	39789

Files destroyed or otherwise disposed of under division	39790
(A)(1) of this section that are solely concerned with criminal	39791
prosecutions for minor misdemeanor offenses or that are concerned	39792
solely with minor misdemeanor traffic prosecutions do not have to	39793
be copied or reproduced in any manner or under any procedure prior	39794
to their destruction or disposition as provided in this section.	39795

(2) Files destroyed or otherwise disposed of under division	39796
(A)(2) of this section do not have to be copied or reproduced in	39797
any manner or under any procedure prior to their destruction or	39798
disposition.	39799

(C) Nothing in this section permits or shall be construed as	39800
permitting the destruction or other disposition of the files in	39801
the Cleveland municipal court of cases involving the following	39802
actions and proceedings:	39803

(1) The sale of real property in an action to foreclose and	39804
marshal all liens on the real property;	39805

(2) The sale of real property in an action to foreclose a	39806
mortgage on the real property;	39807

(3) The determination of rights in the title to real property	39808
either in the form of a creditor's bill or in any other action	39809
intended to determine or adjudicate the right, title, and interest	39810
of a person or persons in the ownership of a parcel or parcels of	39811
real property or any interest therein.	39812

(D) All dockets, indexes, journals, and cash books of the	39813
court shall be retained and preserved by the court for at least	39814
twenty-five years unless they are reproduced in the manner and	39815
according to the procedure prescribed in section 9.01 of the	39816
Revised Code, in which case the reproductions shall be retained	39817
and preserved by the court at least until the expiration of the	39818
twenty-five year period for which the originals would have had to	39819
have been retained. Court dockets, indexes, journals, and cash	39820
books, and all other court records also shall be subject to	39821
destruction or other disposition under section ~~149.39~~149.381 of	39822
the Revised Code.	39823

(E) Notwithstanding ~~section~~sections 149.381 and 149.39 of	39824
the Revised Code, each clerk of a municipal court shall retain	39825
documentation regarding each criminal conviction and plea of	39826
guilty involving a case that is or was before the court. The	39827
documentation shall be in a form that is admissible as evidence in	39828
a criminal proceeding as evidence of a prior conviction or that is	39829
readily convertible to or producible in a form that is admissible	39830
as evidence in a criminal proceeding as evidence of a prior	39831
conviction and may be retained in any form authorized by section	39832
9.01 of the Revised Code. The clerk shall retain this	39833
documentation for a period of fifty years after the entry of	39834
judgment in the case, except that documentation regarding cases	39835
solely concerned with minor misdemeanor offenses or minor	39836
misdemeanor traffic offenses shall be retained as provided in	39837
divisions (A) and (B) of this section, and documentation regarding	39838
other misdemeanor traffic offenses shall be retained for a period	39839
of twenty-five years after the entry of judgment in the case. This	39840
section shall apply to records currently retained and to records	39841
created on or after September 23, 2004.	39842

Sec. 1907.13. A county court judge, at the time of filing a	39843
nominating petition for the office or at the time of appointment	39844
to the office and during the judge's term of office, shall be a	39845
qualified elector and a resident of the county court district in	39846
which the judge is elected or appointed. A county court judge does	39847
not have to be a resident of an area of separate jurisdiction in	39848
the county court district to which the judge may be assigned	39849
pursuant to section 1907.15 of the Revised Code. Every county	39850
court judge shall have been admitted to the practice of law in	39851
this state and shall have been engaged, for a total of at least	39852
six years preceding the judge's appointment or the commencement of	39853
the judge's term, in the practice of law in ~~this state~~any	39854
jurisdiction in the United States, except that the six-year	39855
practice requirement does not apply to a county court judge who is	39856
holding office on ~~the effective date of this amendment~~July 2,	39857
2010, and who subsequently is a candidate for that office. At	39858
least two of the years of practice that qualify a judge shall have	39859
been in this state.	39860

Judges shall be elected by the electors of the county court	39861
district at the general election in even-numbered years as set	39862
forth in section 1907.11 of the Revised Code for a term of six	39863
years commencing on the first day of January following the	39864
election for the county court or on the dates specified in section	39865
1907.11 of the Revised Code for particular county court judges.	39866
Their successors shall be elected in even-numbered years every six	39867
years.	39868

All candidates for county court judge shall be nominated by	39869
petition. The nominating petition shall be in the general form and	39870
signed and verified as prescribed by section 3513.261 of the	39871
Revised Code and shall be signed by the lesser of fifty qualified	39872
electors of the county court district or a number of qualified	39873
electors of the county court district not less than one per cent	39874
of the number of electors who voted for governor at the most	39875
recent regular state election in the district. A nominating	39876
petition shall not be accepted for filing or filed if it appears	39877
on its face to contain signatures aggregating in number more than	39878
twice the minimum aggregate number of signatures required by this	39879
section. A nominating petition shall be filed with the board of	39880
elections not later than four p.m. of the ninetieth day before the	39881
day of the general election.	39882

Sec. 1907.261. (A)(1) A county court may determine that for	39883
the efficient operation of the court additional funds are required	39884
to computerize the court, to make available computerized legal	39885
research services, or to do both. Upon making a determination that	39886
additional funds are required for either or both of those	39887
purposes, the court shall include in its schedule of fees and	39888
costs under section 1907.24 of the Revised Code one additional fee	39889
not to exceed three dollars on the filing of each cause of action	39890
or appeal equivalent to one described in division (A), (Q), or (U)	39891
of section 2303.20 of the Revised Code and shall direct the clerk	39892
of the court to charge the fee.	39893

(2) All fees collected under this section shall be paid to	39894
the county treasurer. The treasurer shall place the funds from the	39895
fees in a separate fund to be disbursed either upon an order of	39896
the court, subject to an appropriation by the board of county	39897
commissioners, or upon an order of the court, subject to the court	39898
making an annual report available to the public listing the use of	39899
all such funds, in an amount not greater than the actual cost to	39900
the court of computerizing the court, procuring and maintaining	39901
computerized legal research services, or both.	39902

(3) If the court determines that the funds in the fund	39903
described in division (A)(2) of this section are more than	39904
sufficient to satisfy the purpose for which the additional fee	39905
described in division (A)(1) of this section was imposed, the	39906
court may declare a surplus in the fund and, subject to an	39907
appropriation by the board of county commissioners, expend those	39908
surplus funds, or upon an order of the court, subject to the court	39909
making an annual report available to the public listing the use of	39910
all such funds, expend those surplus funds, for other appropriate	39911
technological expenses of the court.	39912

(B)(1) A county court may determine that, for the efficient	39913
operation of the court, additional funds are required to	39914
computerize the office of the clerk of the court and, upon that	39915
determination, may include in its schedule of fees and costs under	39916
section 1907.24 of the Revised Code an additional fee not to	39917
exceed ten dollars on the filing of each cause of action or	39918
appeal, on the filing, docketing, and endorsing of each	39919
certificate of judgment, or on the docketing and indexing of each	39920
aid in execution or petition to vacate, revive, or modify a	39921
judgment that is equivalent to one described in division (A), (P),	39922
(Q), (T), or (U) of section 2303.20 of the Revised Code. Subject	39923
to division (B)(2) of this section, all moneys collected under	39924
division (B)(1) of this section shall be paid to the county	39925
treasurer. The treasurer shall place the funds from the fees in a	39926
separate fund to be disbursed, upon an order of the county court	39927
and subject to an appropriation by the board of county	39928
commissioners, in an amount no greater than the actual cost to the	39929
court of procuring and maintaining computer systems for the office	39930
of the clerk of the county court.	39931

(2) If a county court makes the determination described in	39932
division (B)(1) of this section, the board of county commissioners	39933
of that county may issue one or more general obligation bonds for	39934
the purpose of procuring and maintaining the computer systems for	39935
the office of the clerk of the county court. In addition to the	39936
purposes stated in division (B)(1) of this section for which the	39937
moneys collected under that division may be expended, the moneys	39938
additionally may be expended to pay debt charges and financing	39939
costs related to any general obligation bonds issued pursuant to	39940
division (B)(2) of this section as they become due. General	39941
obligation bonds issued pursuant to division (B)(2) of this	39942
section are Chapter 133. securities.	39943

Sec. 1907.262. (A) A county court may establish by rule	39944
procedures for the resolution of disputes between parties. Any	39945
procedures so adopted shall include, but are not limited to,	39946
mediation. If the court establishes any procedures under this	39947
division, the court may include in the court's schedule of fees	39948
and costs under section 1907.24 of the Revised Code a reasonable	39949
fee, that is to be collected on the filing of each civil or	39950
criminal action or proceeding, and that is to be used to implement	39951
the procedures, and the court shall direct the clerk of the court	39952
to charge the fee.	39953

(B) All fees collected under division (A) of this section	39954
shall be paid to the county treasurer. The treasurer shall place	39955
the funds from the fees in a separate fund to be disbursed either	39956
upon an order of the court, subject to an appropriation by the	39957
board of county commissioners, or upon an order of the court,	39958
subject to the court making an annual report available to the	39959
public listing the use of all such funds.	39960

(C) If the court determines that the amount of the moneys in	39961
the fund described in division (B) of this section is more than	39962
the amount sufficient to satisfy the purpose for which the	39963
additional fee described in division (A) of this section was	39964
imposed, the court may declare a surplus in the fund and, subject	39965
to an appropriation by the board of county commissioners, expend	39966
the surplus moneys, or upon an order of the court, subject to the	39967
court making an annual report available to the public listing the	39968
use of all such funds, expend the surplus moneys, for other	39969
appropriate expenses of the court.	39970

Sec. 1907.53. (A)(1) Each judge of a county court may	39971
appoint a bailiff on a full-time or part-time basis. The bailiff	39972
shall receive compensation as prescribed by the appointing judge,	39973
and the compensation is payable in semimonthly installments from	39974
the treasury of the county or other authorized fund. Before	39975
entering upon the duties of the office, a bailiff shall take an	39976
oath to faithfully perform those duties and shall give a bond of	39977
not less than three thousand dollars, as the appointing judge	39978
prescribes, conditioned on the faithful performance of the duties	39979
as bailiff.	39980

(2) The board of county commissioners may purchase motor	39981
vehicles for the use of the bailiff that the court determines	39982
necessary to perform the duties of the office. The board, upon	39983
approval by the court, shall pay all expenses, maintenance, and	39984
upkeep of the vehicles from the county treasury or other	39985
authorized fund. Any allowances, costs, and expenses for the	39986
operation of private motor vehicles by the bailiffs for official	39987
duties, including the cost of oil, gasoline, and maintenance,	39988
shall be prescribed by the court and subject to the approval of	39989
the board and shall be paid from the county treasury or other	39990
authorized fund.	39991

(B)(1) In a county court district in which no bailiff is	39992
appointed pursuant to division (A)(1) of this section, every	39993
deputy sheriff of the county, every police officer of a municipal	39994
corporation within the jurisdiction of the court, every member of	39995
a township or joint ~~township~~ police district police force, and	39996
every police constable of a township within the county court	39997
district is ex officio a bailiff of the court in and for the	39998
county, municipal corporation, or township within which the deputy	39999
sheriff, police officer, police force member, or police constable	40000
is commissioned and shall perform, in respect to cases within that	40001
jurisdiction and without additional compensation, any duties that	40002
are required by a judge of the court or by the clerk of the court.	40003

(2) At the request of a county court judge, a deputy sheriff	40004
or constable shall attend the county court while a trial is in	40005
progress.	40006

(C)(1) A bailiff and an ex officio bailiff shall perform for	40007
the county court services similar to those performed by the	40008
sheriff for the court of common pleas and shall perform any other	40009
duties that are required by rule of court.	40010

(2) The bailiff may administer oaths to witnesses and jurors	40011
and receive verdicts in the same manner and form and to the same	40012
extent as the clerk or deputy clerks of the county court. The	40013
bailiff may approve all undertakings and bonds given in actions of	40014
replevin and all redelivery bonds in attachments.	40015

(D) Bailiffs and deputy bailiffs are in the unclassified	40016
civil service.	40017

Sec. 2105.09. (A) The county auditor, unless hethe auditor	40018
acts pursuant to division (C) of this section, shall take	40019
possession of real property escheated to the state that is located	40020
in ~~his~~the auditor's county and outside the incorporated area of a	40021
city. The auditor shall take possession in the name of the state	40022
and sell the property at public auction, at the county seat of the	40023
county, to the highest bidder, after having given thirty days'	40024
notice of the intended sale in a newspaper ~~published within~~of	40025
general circulation in the county or as provided in section 7.16	40026
of the Revised Code.	40027

On the application of the auditor, the court of common pleas	40028
shall appoint three disinterested freeholders of the county to	40029
appraise the real property. The freeholders shall be governed by	40030
the same rule as appraisers in sheriffs' or administrators' sales.	40031
The auditor shall sell the property at not less than two thirds of	40032
its appraised value and may sell it for cash, or for one-third	40033
cash and the balance in equal annual payments, the deferred	40034
payments to be amply secured. Upon payment of the whole	40035
consideration, the auditor shall execute a deed to the purchaser,	40036
in the name and on behalf of the state. The proceeds of the sale	40037
shall be paid by the auditor to the county treasurer.	40038

If there is a regularly organized agricultural society within	40039
the county, the treasurer shall pay the greater of six hundred	40040
dollars or five per cent of the proceeds, in any case, to the	40041
society. The excess of the proceeds, or the whole thereof if there	40042
is no regularly organized agricultural society within the county,	40043
shall be distributed as follows:	40044

(1) Twenty-five per cent shall be paid equally to the	40045
townships of the county;	40046

(2) Seventy per cent shall be paid into the state treasury to	40047
the credit of the agro Ohio fund created under section 901.04 of	40048
the Revised Code;	40049

(3) Five per cent shall be credited to the county general	40050
fund for such lawful purposes as the board of county commissioners	40051
provides.	40052

(B) The legislative authority of a city within which are	40053
lands escheated to the state, unless it acts pursuant to division	40054
(C) of this section, shall take possession of the lands for the	40055
city, and the title to the lands shall vest in the city. The city	40056
shall use the premises primarily for health, welfare, or	40057
recreational purposes, or may lease them at such prices and for	40058
such purposes as it considers proper. With the approval of the tax	40059
commissioner, the city may sell the lands or any undivided	40060
interest in the lands, in the same manner as is provided in the	40061
sale of land not needed for any municipal purposes; provided, that	40062
the net proceeds from the rent or sale of the premises shall be	40063
devoted to health, welfare, or recreational purposes.	40064

(C) As an alternative to the procedure prescribed in	40065
divisions (A) and (B) of this section, the county auditor, or if	40066
the real property is located within the incorporated area of a	40067
city, the legislative authority of that city by an affirmative	40068
vote of at least a majority of its members, may request the	40069
probate court to direct the administrator or executor of the	40070
estate that contains the escheated property to commence an action	40071
in the probate court for authority to sell the real property in	40072
the manner provided in Chapter 2127. of the Revised Code. The	40073
proceeds from the sale of real property that is located outside	40074
the incorporated area of a city shall be distributed by the court	40075
in the same manner as the proceeds are distributed under division	40076
(A) of this section. The proceeds from the sale of real property	40077
that is located within the incorporated area of a city shall be	40078
distributed by the court in the same manner as the proceeds are	40079
distributed under division (B) of this section.	40080

Sec. 2117.25. (A) Every executor or administrator shall	40081
proceed with diligence to pay the debts of the decedent and shall	40082
apply the assets in the following order:	40083

(1) Costs and expenses of administration;

40084

(2) An amount, not exceeding four thousand dollars, for	40085
funeral expenses that are included in the bill of a funeral	40086
director, funeral expenses other than those in the bill of a	40087
funeral director that are approved by the probate court, and an	40088
amount, not exceeding three thousand dollars, for burial and	40089
cemetery expenses, including that portion of the funeral	40090
director's bill allocated to cemetery expenses that have been paid	40091
to the cemetery by the funeral director.	40092

For purposes of ~~this~~ division (A)(2) of this section, burial	40093
and cemetery expenses shall be limited to the following:	40094

(a) The purchase of a right of interment;

40095

(b) Monuments or other markers;

40096

40097

(d) The cost of opening and closing the place of interment;

40098

(e) The urn.

40099

(3) The allowance for support made to the surviving spouse,	40100
minor children, or both under section 2106.13 of the Revised Code;	40101

(4) Debts entitled to a preference under the laws of the	40102
United States;	40103

(5) Expenses of the last sickness of the decedent;

40104

(6) If the total bill of a funeral director for funeral	40105
expenses exceeds four thousand dollars, then, in addition to the	40106
amount described in division (A)(2) of this section, an amount,	40107
not exceeding two thousand dollars, for funeral expenses that are	40108
included in the bill and that exceed four thousand dollars;	40109

(7) Expenses of the decedent's last continuous stay in a	40110
nursing home as defined in section 3721.01 of the Revised Code,	40111
residential facility as defined in section 5123.19 of the Revised	40112
Code, or hospital long-term care unit as defined in section	40113
3721.50 of the Revised Code.	40114

For purposes of division (A)(7) of this section, a decedent's	40115
last continuance stay includes up to thirty consecutive days	40116
during which the decedent was temporarily absent from the nursing	40117
home, residential facility, or hospital long-term care unit.	40118

(8) Personal property taxes, claims made under the medicaid	40119
estate recovery program instituted pursuant to section 5111.11 of	40120
the Revised Code, and obligations for which the decedent was	40121
personally liable to the state or any of its subdivisions;	40122

~~(8)~~(9) Debts for manual labor performed for the decedent	40123
within twelve months preceding the decedent's death, not exceeding	40124
three hundred dollars to any one person;	40125

~~(9)~~(10) Other debts for which claims have been presented and	40126
finally allowed.	40127

(B) The part of the bill of a funeral director that exceeds	40128
the total of six thousand dollars as described in divisions (A)(2)	40129
and (6) of this section, and the part of a claim included in	40130
division (A)~~(8)~~(9) of this section that exceeds three hundred	40131
dollars shall be included as a debt under division (A)~~(9)~~(10) of	40132
this section, depending upon the time when the claim for the	40133
additional amount is presented.	40134

(C) Any natural person or fiduciary who pays a claim of any	40135
creditor described in division (A) of this section shall be	40136
subrogated to the rights of that creditor proportionate to the	40137
amount of the payment and shall be entitled to reimbursement for	40138
that amount in accordance with the priority of payments set forth	40139
in that division.	40140

(D)(1) Chapters 2113. to 2125. of the Revised Code, relating	40141
to the manner in which and the time within which claims shall be	40142
presented, shall apply to claims set forth in divisions (A)(2),	40143
(6), and ~~(8)~~(9) of this section. Claims for an expense of	40144
administration or for the allowance for support need not be	40145
presented. The executor or administrator shall pay debts included	40146
in divisions (A)(4) and ~~(7)~~(8) of this section, of which the	40147
executor or administrator has knowledge, regardless of	40148
presentation.	40149

(2) The giving of written notice to an executor or	40150
administrator of a motion or application to revive an action	40151
pending against the decedent at the date of death shall be	40152
equivalent to the presentation of a claim to the executor or	40153
administrator for the purpose of determining the order of payment	40154
of any judgment rendered or decree entered in such an action.	40155

(E) No payments shall be made to creditors of one class until	40156
all those of the preceding class are fully paid or provided for.	40157
If the assets are insufficient to pay all the claims of one class,	40158
the creditors of that class shall be paid ratably.	40159

(F) If it appears at any time that the assets have been	40160
exhausted in paying prior or preferred charges, allowances, or	40161
claims, those payments shall be a bar to an action on any claim	40162
not entitled to that priority or preference.	40163

Sec. 2151.011. (A) As used in the Revised Code:

40164

(1) "Juvenile court" means whichever of the following is	40165
applicable that has jurisdiction under this chapter and Chapter	40166
2152. of the Revised Code:	40167

(a) The division of the court of common pleas specified in	40168
section 2101.022 or 2301.03 of the Revised Code as having	40169
jurisdiction under this chapter and Chapter 2152. of the Revised	40170
Code or as being the juvenile division or the juvenile division	40171
combined with one or more other divisions;	40172

(b) The juvenile court of Cuyahoga county or Hamilton county	40173
that is separately and independently created by section 2151.08 or	40174
Chapter 2153. of the Revised Code and that has jurisdiction under	40175
this chapter and Chapter 2152. of the Revised Code;	40176

(c) If division (A)(1)(a) or (b) of this section does not	40177
apply, the probate division of the court of common pleas.	40178

(2) "Juvenile judge" means a judge of a court having	40179
jurisdiction under this chapter.	40180

(3) "Private child placing agency" means any association, as	40181
defined in section 5103.02 of the Revised Code, that is certified	40182
under section 5103.03 of the Revised Code to accept temporary,	40183
permanent, or legal custody of children and place the children for	40184
either foster care or adoption.	40185

(4) "Private noncustodial agency" means any person,	40186
organization, association, or society certified by the department	40187
of job and family services that does not accept temporary or	40188
permanent legal custody of children, that is privately operated in	40189
this state, and that does one or more of the following:	40190

(a) Receives and cares for children for two or more	40191
consecutive weeks;	40192

(b) Participates in the placement of children in certified	40193
foster homes;	40194

(c) Provides adoption services in conjunction with a public	40195
children services agency or private child placing agency.	40196

(B) As used in this chapter:

40197

(1) "Adequate parental care" means the provision by a child's	40198
parent or parents, guardian, or custodian of adequate food,	40199
clothing, and shelter to ensure the child's health and physical	40200
safety and the provision by a child's parent or parents of	40201
specialized services warranted by the child's physical or mental	40202
needs.	40203

(2) "Adult" means an individual who is eighteen years of age	40204
or older.	40205

(3) "Agreement for temporary custody" means a voluntary	40206
agreement authorized by section 5103.15 of the Revised Code that	40207
transfers the temporary custody of a child to a public children	40208
services agency or a private child placing agency.	40209

(4) "Alternative response" means the public children services	40210
agency's response to a report of child abuse or neglect that	40211
engages the family in a comprehensive evaluation of child safety,	40212
risk of subsequent harm, and family strengths and needs and that	40213
does not include a determination as to whether child abuse or	40214
neglect occurred.	40215

(5) "Certified foster home" means a foster home, as defined	40216
in section 5103.02 of the Revised Code, certified under section	40217
5103.03 of the Revised Code.	40218

~~(5)~~(6) "Child" means a person who is under eighteen years of	40219
age, except that the juvenile court has jurisdiction over any	40220
person who is adjudicated an unruly child prior to attaining	40221
eighteen years of age until the person attains twenty-one years of	40222
age, and, for purposes of that jurisdiction related to that	40223
adjudication, a person who is so adjudicated an unruly child shall	40224
be deemed a "child" until the person attains twenty-one years of	40225
age.	40226

~~(6)~~(7) "Child day camp," "child care," "child day-care	40227
center," "part-time child day-care center," "type A family	40228
day-care home," "certified type B family day-care home," "type B	40229
home," "administrator of a child day-care center," "administrator	40230
of a type A family day-care home," "in-home aide," and "authorized	40231
provider" have the same meanings as in section 5104.01 of the	40232
Revised Code.	40233

~~(7)~~(8) "Child care provider" means an individual who is a	40234
child-care staff member or administrator of a child day-care	40235
center, a type A family day-care home, or a type B family day-care	40236
home, or an in-home aide or an individual who is licensed, is	40237
regulated, is approved, operates under the direction of, or	40238
otherwise is certified by the department of job and family	40239
services, department of developmental disabilities, or the early	40240
childhood programs of the department of education.	40241

~~(8)~~(9) "Chronic truant" has the same meaning as in section	40242
2152.02 of the Revised Code.	40243

~~(9)~~(10) "Commit" means to vest custody as ordered by the	40244
court.	40245

~~(10)~~(11) "Counseling" includes both of the following:

40246

(a) General counseling services performed by a public	40247
children services agency or shelter for victims of domestic	40248
violence to assist a child, a child's parents, and a child's	40249
siblings in alleviating identified problems that may cause or have	40250
caused the child to be an abused, neglected, or dependent child.	40251

(b) Psychiatric or psychological therapeutic counseling	40252
services provided to correct or alleviate any mental or emotional	40253
illness or disorder and performed by a licensed psychiatrist,	40254
licensed psychologist, or a person licensed under Chapter 4757. of	40255
the Revised Code to engage in social work or professional	40256
counseling.	40257

~~(11)~~(12) "Custodian" means a person who has legal custody of	40258
a child or a public children services agency or private child	40259
placing agency that has permanent, temporary, or legal custody of	40260
a child.	40261

~~(12)~~(13) "Delinquent child" has the same meaning as in	40262
section 2152.02 of the Revised Code.	40263

~~(13)~~(14) "Detention" means the temporary care of children	40264
pending court adjudication or disposition, or execution of a court	40265
order, in a public or private facility designed to physically	40266
restrict the movement and activities of children.	40267

~~(14)~~(15) "Developmental disability" has the same meaning as	40268
in section 5123.01 of the Revised Code.	40269

~~(15)~~(16) "Differential response approach" means an approach	40270
that a public children services agency may use to respond to	40271
accepted reports of child abuse or neglect with either an	40272
alternative response or a traditional response.	40273

(17) "Foster caregiver" has the same meaning as in section	40274
5103.02 of the Revised Code.	40275

~~(16)~~(18) "Guardian" means a person, association, or	40276
corporation that is granted authority by a probate court pursuant	40277
to Chapter 2111. of the Revised Code to exercise parental rights	40278
over a child to the extent provided in the court's order and	40279
subject to the residual parental rights of the child's parents.	40280

~~(17)~~(19) "Habitual truant" means any child of compulsory	40281
school age who is absent without legitimate excuse for absence	40282
from the public school the child is supposed to attend for five or	40283
more consecutive school days, seven or more school days in one	40284
school month, or twelve or more school days in a school year.	40285

~~(18)~~(20) "Juvenile traffic offender" has the same meaning as	40286
in section 2152.02 of the Revised Code.	40287

~~(19)~~(21) "Legal custody" means a legal status that vests in	40288
the custodian the right to have physical care and control of the	40289
child and to determine where and with whom the child shall live,	40290
and the right and duty to protect, train, and discipline the child	40291
and to provide the child with food, shelter, education, and	40292
medical care, all subject to any residual parental rights,	40293
privileges, and responsibilities. An individual granted legal	40294
custody shall exercise the rights and responsibilities personally	40295
unless otherwise authorized by any section of the Revised Code or	40296
by the court.	40297

~~(20)~~(22) A "legitimate excuse for absence from the public	40298
school the child is supposed to attend" includes, but is not	40299
limited to, any of the following:	40300

(a) The fact that the child in question has enrolled in and	40301
is attending another public or nonpublic school in this or another	40302
state;	40303

(b) The fact that the child in question is excused from	40304
attendance at school for any of the reasons specified in section	40305
3321.04 of the Revised Code;	40306

(c) The fact that the child in question has received an age	40307
and schooling certificate in accordance with section 3331.01 of	40308
the Revised Code.	40309

~~(21)~~(23) "Mental illness" and "mentally ill person subject to	40310
hospitalization by court order" have the same meanings as in	40311
section 5122.01 of the Revised Code.	40312

~~(22)~~(24) "Mental injury" means any behavioral, cognitive,	40313
emotional, or mental disorder in a child caused by an act or	40314
omission that is described in section 2919.22 of the Revised Code	40315
and is committed by the parent or other person responsible for the	40316
child's care.	40317

~~(23)~~(25) "Mentally retarded person" has the same meaning as	40318
in section 5123.01 of the Revised Code.	40319

~~(24)~~(26) "Nonsecure care, supervision, or training" means	40320
care, supervision, or training of a child in a facility that does	40321
not confine or prevent movement of the child within the facility	40322
or from the facility.	40323

~~(25)~~(27) "Of compulsory school age" has the same meaning as	40324
in section 3321.01 of the Revised Code.	40325

~~(26)~~(28) "Organization" means any institution, public,	40326
semipublic, or private, and any private association, society, or	40327
agency located or operating in the state, incorporated or	40328
unincorporated, having among its functions the furnishing of	40329
protective services or care for children, or the placement of	40330
children in certified foster homes or elsewhere.	40331

~~(27)~~(29) "Out-of-home care" means detention facilities,	40332
shelter facilities, certified children's crisis care facilities,	40333
certified foster homes, placement in a prospective adoptive home	40334
prior to the issuance of a final decree of adoption,	40335
organizations, certified organizations, child day-care centers,	40336
type A family day-care homes, child care provided by type B family	40337
day-care home providers and by in-home aides, group home	40338
providers, group homes, institutions, state institutions,	40339
residential facilities, residential care facilities, residential	40340
camps, day camps, public schools, chartered nonpublic schools,	40341
educational service centers, hospitals, and medical clinics that	40342
are responsible for the care, physical custody, or control of	40343
children.	40344

~~(28)~~(30) "Out-of-home care child abuse" means any of the	40345
following when committed by a person responsible for the care of a	40346
child in out-of-home care:	40347

(a) Engaging in sexual activity with a child in the person's	40348
care;	40349

(b) Denial to a child, as a means of punishment, of proper or	40350
necessary subsistence, education, medical care, or other care	40351
necessary for a child's health;	40352

(c) Use of restraint procedures on a child that cause injury	40353
or pain;	40354

(d) Administration of prescription drugs or psychotropic	40355
medication to the child without the written approval and ongoing	40356
supervision of a licensed physician;	40357

(e) Commission of any act, other than by accidental means,	40358
that results in any injury to or death of the child in out-of-home	40359
care or commission of any act by accidental means that results in	40360
an injury to or death of a child in out-of-home care and that is	40361
at variance with the history given of the injury or death.	40362

~~(29)~~(31) "Out-of-home care child neglect" means any of the	40363
following when committed by a person responsible for the care of a	40364
child in out-of-home care:	40365

(a) Failure to provide reasonable supervision according to	40366
the standards of care appropriate to the age, mental and physical	40367
condition, or other special needs of the child;	40368

(b) Failure to provide reasonable supervision according to	40369
the standards of care appropriate to the age, mental and physical	40370
condition, or other special needs of the child, that results in	40371
sexual or physical abuse of the child by any person;	40372

40373

(i) Administration of prescription drugs or psychotropic	40374
drugs for the child;	40375

(ii) Assuring that the instructions of the licensed physician	40376
who prescribed a drug for the child are followed;	40377

(iii) Reporting to the licensed physician who prescribed the	40378
drug all unfavorable or dangerous side effects from the use of the	40379
drug.	40380

(d) Failure to provide proper or necessary subsistence,	40381
education, medical care, or other individualized care necessary	40382
for the health or well-being of the child;	40383

(e) Confinement of the child to a locked room without	40384
monitoring by staff;	40385

(f) Failure to provide ongoing security for all prescription	40386
and nonprescription medication;	40387

(g) Isolation of a child for a period of time when there is	40388
substantial risk that the isolation, if continued, will impair or	40389
retard the mental health or physical well-being of the child.	40390

~~(30)~~(32) "Permanent custody" means a legal status that vests	40391
in a public children services agency or a private child placing	40392
agency, all parental rights, duties, and obligations, including	40393
the right to consent to adoption, and divests the natural parents	40394
or adoptive parents of all parental rights, privileges, and	40395
obligations, including all residual rights and obligations.	40396

~~(31)~~(33) "Permanent surrender" means the act of the parents	40397
or, if a child has only one parent, of the parent of a child, by a	40398
voluntary agreement authorized by section 5103.15 of the Revised	40399
Code, to transfer the permanent custody of the child to a public	40400
children services agency or a private child placing agency.	40401

~~(32)~~(34) "Person" means an individual, association,	40402
corporation, or partnership and the state or any of its political	40403
subdivisions, departments, or agencies.	40404

~~(33)~~(35) "Person responsible for a child's care in	40405
out-of-home care" means any of the following:	40406

(a) Any foster caregiver, in-home aide, or provider;

40407

(b) Any administrator, employee, or agent of any of the	40408
following: a public or private detention facility; shelter	40409
facility; certified children's crisis care facility; organization;	40410
certified organization; child day-care center; type A family	40411
day-care home; certified type B family day-care home; group home;	40412
institution; state institution; residential facility; residential	40413
care facility; residential camp; day camp; school district;	40414
community school; chartered nonpublic school; educational service	40415
center; hospital; or medical clinic;	40416

(c) Any person who supervises or coaches children as part of	40417
an extracurricular activity sponsored by a school district, public	40418
school, or chartered nonpublic school;	40419

(d) Any other person who performs a similar function with	40420
respect to, or has a similar relationship to, children.	40421

~~(34)~~(36) "Physically impaired" means having one or more of	40422
the following conditions that substantially limit one or more of	40423
an individual's major life activities, including self-care,	40424
receptive and expressive language, learning, mobility, and	40425
self-direction:	40426

(a) A substantial impairment of vision, speech, or hearing;

40427

(b) A congenital orthopedic impairment;

40428

(c) An orthopedic impairment caused by disease, rheumatic	40429
fever or any other similar chronic or acute health problem, or	40430
amputation or another similar cause.	40431

~~(35)~~(37) "Placement for adoption" means the arrangement by a	40432
public children services agency or a private child placing agency	40433
with a person for the care and adoption by that person of a child	40434
of whom the agency has permanent custody.	40435

~~(36)~~(38) "Placement in foster care" means the arrangement by	40436
a public children services agency or a private child placing	40437
agency for the out-of-home care of a child of whom the agency has	40438
temporary custody or permanent custody.	40439

~~(37)~~(39) "Planned permanent living arrangement" means an	40440
order of a juvenile court pursuant to which both of the following	40441
apply:	40442

(a) The court gives legal custody of a child to a public	40443
children services agency or a private child placing agency without	40444
the termination of parental rights.	40445

(b) The order permits the agency to make an appropriate	40446
placement of the child and to enter into a written agreement with	40447
a foster care provider or with another person or agency with whom	40448
the child is placed.	40449

~~(38)~~(40) "Practice of social work" and "practice of	40450
professional counseling" have the same meanings as in section	40451
4757.01 of the Revised Code.	40452

~~(39)~~(41) "Sanction, service, or condition" means a sanction,	40453
service, or condition created by court order following an	40454
adjudication that a child is an unruly child that is described in	40455
division (A)(4) of section 2152.19 of the Revised Code.	40456

~~(40)~~(42) "Protective supervision" means an order of	40457
disposition pursuant to which the court permits an abused,	40458
neglected, dependent, or unruly child to remain in the custody of	40459
the child's parents, guardian, or custodian and stay in the	40460
child's home, subject to any conditions and limitations upon the	40461
child, the child's parents, guardian, or custodian, or any other	40462
person that the court prescribes, including supervision as	40463
directed by the court for the protection of the child.	40464

~~(41)~~(43) "Psychiatrist" has the same meaning as in section	40465
5122.01 of the Revised Code.	40466

~~(42)~~(44) "Psychologist" has the same meaning as in section	40467
4732.01 of the Revised Code.	40468

~~(43)~~(45) "Residential camp" means a program in which the	40469
care, physical custody, or control of children is accepted	40470
overnight for recreational or recreational and educational	40471
purposes.	40472

~~(44)~~(46) "Residential care facility" means an institution,	40473
residence, or facility that is licensed by the department of	40474
mental health under section 5119.22 of the Revised Code and that	40475
provides care for a child.	40476

~~(45)~~(47) "Residential facility" means a home or facility that	40477
is licensed by the department of developmental disabilities under	40478
section 5123.19 of the Revised Code and in which a child with a	40479
developmental disability resides.	40480

~~(46)~~(48) "Residual parental rights, privileges, and	40481
responsibilities" means those rights, privileges, and	40482
responsibilities remaining with the natural parent after the	40483
transfer of legal custody of the child, including, but not	40484
necessarily limited to, the privilege of reasonable visitation,	40485
consent to adoption, the privilege to determine the child's	40486
religious affiliation, and the responsibility for support.	40487

~~(47)~~(49) "School day" means the school day established by the	40488
state board of education pursuant to section 3313.48 of the	40489
Revised Code.	40490

~~(48)~~(50) "School month" and "school year" have the same	40491
meanings as in section 3313.62 of the Revised Code.	40492

~~(49)~~(51) "Secure correctional facility" means a facility	40493
under the direction of the department of youth services that is	40494
designed to physically restrict the movement and activities of	40495
children and used for the placement of children after adjudication	40496
and disposition.	40497

~~(50)~~(52) "Sexual activity" has the same meaning as in section	40498
2907.01 of the Revised Code.	40499

~~(51)~~(53) "Shelter" means the temporary care of children in	40500
physically unrestricted facilities pending court adjudication or	40501
disposition.	40502

~~(52)~~(54) "Shelter for victims of domestic violence" has the	40503
same meaning as in section 3113.33 of the Revised Code.	40504

~~(53)~~(55) "Temporary custody" means legal custody of a child	40505
who is removed from the child's home, which custody may be	40506
terminated at any time at the discretion of the court or, if the	40507
legal custody is granted in an agreement for temporary custody, by	40508
the person who executed the agreement.	40509

(56) "Traditional response" means a public children services	40510
agency's response to a report of child abuse or neglect that	40511
encourages engagement of the family in a comprehensive evaluation	40512
of the child's current and future safety needs and a fact-finding	40513
process to determine whether child abuse or neglect occurred and	40514
the circumstances surrounding the alleged harm or risk of harm.	40515

(C) For the purposes of this chapter, a child shall be	40516
presumed abandoned when the parents of the child have failed to	40517
visit or maintain contact with the child for more than ninety	40518
days, regardless of whether the parents resume contact with the	40519
child after that period of ninety days.	40520

Sec. 2151.3515. As used in sections 2151.3515 to 2151.3530	40521
of the Revised Code:	40522

(A) "Deserted child" means a child whose parent has	40523
voluntarily delivered the child to an emergency medical service	40524
worker, peace officer, or hospital employee without expressing an	40525
intent to return for the child.	40526

(B) "Emergency medical service organization," "emergency	40527
medical technician-basic," "emergency medical	40528
technician-intermediate," "first responder," and "paramedic" have	40529
the same meanings as in section 4765.01 of the Revised Code.	40530

(C) "Emergency medical service worker" means a first	40531
responder, emergency medical technician-basic, emergency medical	40532
technician-intermediate, or paramedic.	40533

(D) "Hospital" has the same meaning as in section 3727.01 of	40534
the Revised Code.	40535

(E) "Hospital employee" means any of the following persons:

40536

(1) A physician who has been granted privileges to practice	40537
at the hospital;	40538

(2) A nurse, physician assistant, or nursing assistant	40539
employed by the hospital;	40540

(3) An authorized person employed by the hospital who is	40541
acting under the direction of a physician described in division	40542
(E)(1) of this section.	40543

(F) "Law enforcement agency" means an organization or entity	40544
made up of peace officers.	40545

(G) "Nurse" means a person who is licensed under Chapter	40546
4723. of the Revised Code to practice as a registered nurse or	40547
licensed practical nurse.	40548

(H) "Nursing assistant" means a person designated by a	40549
hospital as a nurse aide or nursing assistant whose job is to aid	40550
nurses, physicians, and physician assistants in the performance of	40551
their duties.	40552

(I) "Peace officer" means a sheriff, deputy sheriff,	40553
constable, police officer of a township or joint ~~township~~ police	40554
district, marshal, deputy marshal, municipal police officer, or a	40555
state highway patrol trooper.	40556

(J) "Physician" and "physician assistant" have the same	40557
meanings as in section 4730.01 of the Revised Code.	40558

Sec. 2151.412. (A) Each public children services agency and	40559
private child placing agency shall prepare and maintain a case	40560
plan for any child to whom the agency is providing services and to	40561
whom any of the following applies:	40562

(1) The agency filed a complaint pursuant to section 2151.27	40563
of the Revised Code alleging that the child is an abused,	40564
neglected, or dependent child;	40565

(2) The agency has temporary or permanent custody of the	40566
child;	40567

(3) The child is living at home subject to an order for	40568
protective supervision;	40569

(4) The child is in a planned permanent living arrangement.

40570

Except as provided by division (A)(2) of section 5103.153 of	40571
the Revised Code, a private child placing agency providing	40572
services to a child who is the subject of a voluntary permanent	40573
custody surrender agreement entered into under division (B)(2) of	40574
section 5103.15 of the Revised Code is not required to prepare and	40575
maintain a case plan for that child.	40576

(B) Each public children services agency shall prepare and	40577
maintain a case plan or a family service plan for any child for	40578
whom the agency is providing in-home services pursuant to an	40579
alternative response.	40580

(C)(1) The director of job and family services shall adopt	40581
rules pursuant to Chapter 119. of the Revised Code setting forth	40582
the content and format of case plans required by division (A) of	40583
this section and establishing procedures for developing,	40584
implementing, and changing the case plans. The rules shall at a	40585
minimum comply with the requirements of Title IV-E of the "Social	40586
Security Act," 94 Stat. 501, 42 U.S.C. 671 (1980), as amended.	40587

(2) The director of job and family services shall adopt rules	40588
pursuant to Chapter 119. of the Revised Code requiring public	40589
children services agencies and private child placing agencies to	40590
maintain case plans for children and their families who are	40591
receiving services in their homes from the agencies and for whom	40592
case plans are not required by division (A) of this section. The	40593
rules for public children services agencies shall include the	40594
requirements for case plans or family service plans maintained for	40595
children and their families who are receiving services in their	40596
homes from public children services agencies pursuant to an	40597
alternative response. The agencies shall maintain case plans and	40598
family service plans as required by those rules; however, the case	40599
plans and family service plans shall not be subject to any other	40600
provision of this section except as specifically required by the	40601
rules.	40602

~~(C)~~(D) Each public children services agency and private child	40603
placing agency that is required by division (A) of this section to	40604
maintain a case plan shall file the case plan with the court prior	40605
to the child's adjudicatory hearing but no later than thirty days	40606
after the earlier of the date on which the complaint in the case	40607
was filed or the child was first placed into shelter care. If the	40608
agency does not have sufficient information prior to the	40609
adjudicatory hearing to complete any part of the case plan, the	40610
agency shall specify in the case plan the additional information	40611
necessary to complete each part of the case plan and the steps	40612
that will be taken to obtain that information. All parts of the	40613
case plan shall be completed by the earlier of thirty days after	40614
the adjudicatory hearing or the date of the dispositional hearing	40615
for the child.	40616

~~(D)~~(E) Any agency that is required by division (A) of this	40617
section to prepare a case plan shall attempt to obtain an	40618
agreement among all parties, including, but not limited to, the	40619
parents, guardian, or custodian of the child and the guardian ad	40620
litem of the child regarding the content of the case plan. If all	40621
parties agree to the content of the case plan and the court	40622
approves it, the court shall journalize it as part of its	40623
dispositional order. If the agency cannot obtain an agreement upon	40624
the contents of the case plan or the court does not approve it,	40625
the parties shall present evidence on the contents of the case	40626
plan at the dispositional hearing. The court, based upon the	40627
evidence presented at the dispositional hearing and the best	40628
interest of the child, shall determine the contents of the case	40629
plan and journalize it as part of the dispositional order for the	40630
child.	40631

~~(E)~~(F)(1) All parties, including the parents, guardian, or	40632
custodian of the child, are bound by the terms of the journalized	40633
case plan. A party that fails to comply with the terms of the	40634
journalized case plan may be held in contempt of court.	40635

(2) Any party may propose a change to a substantive part of	40636
the case plan, including, but not limited to, the child's	40637
placement and the visitation rights of any party. A party	40638
proposing a change to the case plan shall file the proposed change	40639
with the court and give notice of the proposed change in writing	40640
before the end of the day after the day of filing it to all	40641
parties and the child's guardian ad litem. All parties and the	40642
guardian ad litem shall have seven days from the date the notice	40643
is sent to object to and request a hearing on the proposed change.	40644

(a) If it receives a timely request for a hearing, the court	40645
shall schedule a hearing pursuant to section 2151.417 of the	40646
Revised Code to be held no later than thirty days after the	40647
request is received by the court. The court shall give notice of	40648
the date, time, and location of the hearing to all parties and the	40649
guardian ad litem. The agency may implement the proposed change	40650
after the hearing, if the court approves it. The agency shall not	40651
implement the proposed change unless it is approved by the court.	40652

(b) If it does not receive a timely request for a hearing,	40653
the court may approve the proposed change without a hearing. If	40654
the court approves the proposed change without a hearing, it shall	40655
journalize the case plan with the change not later than fourteen	40656
days after the change is filed with the court. If the court does	40657
not approve the proposed change to the case plan, it shall	40658
schedule a hearing to be held pursuant to section 2151.417 of the	40659
Revised Code no later than thirty days after the expiration of the	40660
fourteen-day time period and give notice of the date, time, and	40661
location of the hearing to all parties and the guardian ad litem	40662
of the child. If, despite the requirements of division ~~(E)~~(F)(2)	40663
of this section, the court neither approves and journalizes the	40664
proposed change nor conducts a hearing, the agency may implement	40665
the proposed change not earlier than fifteen days after it is	40666
submitted to the court.	40667

(3) If an agency has reasonable cause to believe that a child	40668
is suffering from illness or injury and is not receiving proper	40669
care and that an appropriate change in the child's case plan is	40670
necessary to prevent immediate or threatened physical or emotional	40671
harm, to believe that a child is in immediate danger from the	40672
child's surroundings and that an immediate change in the child's	40673
case plan is necessary to prevent immediate or threatened physical	40674
or emotional harm to the child, or to believe that a parent,	40675
guardian, custodian, or other member of the child's household has	40676
abused or neglected the child and that the child is in danger of	40677
immediate or threatened physical or emotional harm from that	40678
person unless the agency makes an appropriate change in the	40679
child's case plan, it may implement the change without prior	40680
agreement or a court hearing and, before the end of the next day	40681
after the change is made, give all parties, the guardian ad litem	40682
of the child, and the court notice of the change. Before the end	40683
of the third day after implementing the change in the case plan,	40684
the agency shall file a statement of the change with the court and	40685
give notice of the filing accompanied by a copy of the statement	40686
to all parties and the guardian ad litem. All parties and the	40687
guardian ad litem shall have ten days from the date the notice is	40688
sent to object to and request a hearing on the change.	40689

(a) If it receives a timely request for a hearing, the court	40690
shall schedule a hearing pursuant to section 2151.417 of the	40691
Revised Code to be held no later than thirty days after the	40692
request is received by the court. The court shall give notice of	40693
the date, time, and location of the hearing to all parties and the	40694
guardian ad litem. The agency shall continue to administer the	40695
case plan with the change after the hearing, if the court approves	40696
the change. If the court does not approve the change, the court	40697
shall make appropriate changes to the case plan and shall	40698
journalize the case plan.	40699

(b) If it does not receive a timely request for a hearing,	40700
the court may approve the change without a hearing. If the court	40701
approves the change without a hearing, it shall journalize the	40702
case plan with the change within fourteen days after receipt of	40703
the change. If the court does not approve the change to the case	40704
plan, it shall schedule a hearing under section 2151.417 of the	40705
Revised Code to be held no later than thirty days after the	40706
expiration of the fourteen-day time period and give notice of the	40707
date, time, and location of the hearing to all parties and the	40708
guardian ad litem of the child.	40709

~~(F)~~(G)(1) All case plans for children in temporary custody	40710
shall have the following general goals:	40711

(a) Consistent with the best interest and special needs of	40712
the child, to achieve a safe out-of-home placement in the least	40713
restrictive, most family-like setting available and in close	40714
proximity to the home from which the child was removed or the home	40715
in which the child will be permanently placed;	40716

(b) To eliminate with all due speed the need for the	40717
out-of-home placement so that the child can safely return home.	40718

(2) The director of job and family services shall adopt rules	40719
pursuant to Chapter 119. of the Revised Code setting forth the	40720
general goals of case plans for children subject to dispositional	40721
orders for protective supervision, a planned permanent living	40722
arrangement, or permanent custody.	40723

~~(G)~~(H) In the agency's development of a case plan and the	40724
court's review of the case plan, the child's health and safety	40725
shall be the paramount concern. The agency and the court shall be	40726
guided by the following general priorities:	40727

(1) A child who is residing with or can be placed with the	40728
child's parents within a reasonable time should remain in their	40729
legal custody even if an order of protective supervision is	40730
required for a reasonable period of time;	40731

(2) If both parents of the child have abandoned the child,	40732
have relinquished custody of the child, have become incapable of	40733
supporting or caring for the child even with reasonable	40734
assistance, or have a detrimental effect on the health, safety,	40735
and best interest of the child, the child should be placed in the	40736
legal custody of a suitable member of the child's extended family;	40737

(3) If a child described in division ~~(G)~~(H)(2) of this	40738
section has no suitable member of the child's extended family to	40739
accept legal custody, the child should be placed in the legal	40740
custody of a suitable nonrelative who shall be made a party to the	40741
proceedings after being given legal custody of the child;	40742

(4) If the child has no suitable member of the child's	40743
extended family to accept legal custody of the child and no	40744
suitable nonrelative is available to accept legal custody of the	40745
child and, if the child temporarily cannot or should not be placed	40746
with the child's parents, guardian, or custodian, the child should	40747
be placed in the temporary custody of a public children services	40748
agency or a private child placing agency;	40749

(5) If the child cannot be placed with either of the child's	40750
parents within a reasonable period of time or should not be placed	40751
with either, if no suitable member of the child's extended family	40752
or suitable nonrelative is available to accept legal custody of	40753
the child, and if the agency has a reasonable expectation of	40754
placing the child for adoption, the child should be committed to	40755
the permanent custody of the public children services agency or	40756
private child placing agency;	40757

(6) If the child is to be placed for adoption or foster care,	40758
the placement shall not be delayed or denied on the basis of the	40759
child's or adoptive or foster family's race, color, or national	40760
origin.	40761

~~(H)~~(I) The case plan for a child in temporary custody shall	40762
include at a minimum the following requirements if the child is or	40763
has been the victim of abuse or neglect or if the child witnessed	40764
the commission in the child's household of abuse or neglect	40765
against a sibling of the child, a parent of the child, or any	40766
other person in the child's household:	40767

(1) A requirement that the child's parents, guardian, or	40768
custodian participate in mandatory counseling;	40769

(2) A requirement that the child's parents, guardian, or	40770
custodian participate in any supportive services that are required	40771
by or provided pursuant to the child's case plan.	40772

~~(I)~~(J) A case plan may include, as a supplement, a plan for	40773
locating a permanent family placement. The supplement shall not be	40774
considered part of the case plan for purposes of division ~~(D)~~(E)	40775
of this section.	40776

Sec. 2151.421. (A)(1)(a) No person described in division	40777
(A)(1)(b) of this section who is acting in an official or	40778
professional capacity and knows, or has reasonable cause to	40779
suspect based on facts that would cause a reasonable person in a	40780
similar position to suspect, that a child under eighteen years of	40781
age or a mentally retarded, developmentally disabled, or	40782
physically impaired child under twenty-one years of age has	40783
suffered or faces a threat of suffering any physical or mental	40784
wound, injury, disability, or condition of a nature that	40785
reasonably indicates abuse or neglect of the child shall fail to	40786
immediately report that knowledge or reasonable cause to suspect	40787
to the entity or persons specified in this division. Except as	40788
provided in section 5120.173 of the Revised Code, the person	40789
making the report shall make it to the public children services	40790
agency or a municipal or county peace officer in the county in	40791
which the child resides or in which the abuse or neglect is	40792
occurring or has occurred. In the circumstances described in	40793
section 5120.173 of the Revised Code, the person making the report	40794
shall make it to the entity specified in that section.	40795

(b) Division (A)(1)(a) of this section applies to any person	40796
who is an attorney; physician, including a hospital intern or	40797
resident; dentist; podiatrist; practitioner of a limited branch of	40798
medicine as specified in section 4731.15 of the Revised Code;	40799
registered nurse; licensed practical nurse; visiting nurse; other	40800
health care professional; licensed psychologist; licensed school	40801
psychologist; independent marriage and family therapist or	40802
marriage and family therapist; speech pathologist or audiologist;	40803
coroner; administrator or employee of a child day-care center;	40804
administrator or employee of a residential camp or child day camp;	40805
administrator or employee of a certified child care agency or	40806
other public or private children services agency; school teacher;	40807
school employee; school authority; person engaged in social work	40808
or the practice of professional counseling; agent of a county	40809
humane society; person, other than a cleric, rendering spiritual	40810
treatment through prayer in accordance with the tenets of a	40811
well-recognized religion; employee of a county department of job	40812
and family services who is a professional and who works with	40813
children and families; superintendent, board member, or employee	40814
of a county board of developmental disabilities; investigative	40815
agent contracted with by a county board of developmental	40816
disabilities; employee of the department of developmental	40817
disabilities; employee of a facility or home that provides respite	40818
care in accordance with section 5123.171 of the Revised Code;	40819
employee of a home health agency; employee of an entity that	40820
provides homemaker services; a person performing the duties of an	40821
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	40822
or third party employed by a public children services agency to	40823
assist in providing child or family related services.	40824

(2) Except as provided in division (A)(3) of this section, an	40825
attorney or a physician is not required to make a report pursuant	40826
to division (A)(1) of this section concerning any communication	40827
the attorney or physician receives from a client or patient in an	40828
attorney-client or physician-patient relationship, if, in	40829
accordance with division (A) or (B) of section 2317.02 of the	40830
Revised Code, the attorney or physician could not testify with	40831
respect to that communication in a civil or criminal proceeding.	40832

(3) The client or patient in an attorney-client or	40833
physician-patient relationship described in division (A)(2) of	40834
this section is deemed to have waived any testimonial privilege	40835
under division (A) or (B) of section 2317.02 of the Revised Code	40836
with respect to any communication the attorney or physician	40837
receives from the client or patient in that attorney-client or	40838
physician-patient relationship, and the attorney or physician	40839
shall make a report pursuant to division (A)(1) of this section	40840
with respect to that communication, if all of the following apply:	40841

(a) The client or patient, at the time of the communication,	40842
is either a child under eighteen years of age or a mentally	40843
retarded, developmentally disabled, or physically impaired person	40844
under twenty-one years of age.	40845

(b) The attorney or physician knows, or has reasonable cause	40846
to suspect based on facts that would cause a reasonable person in	40847
similar position to suspect, as a result of the communication or	40848
any observations made during that communication, that the client	40849
or patient has suffered or faces a threat of suffering any	40850
physical or mental wound, injury, disability, or condition of a	40851
nature that reasonably indicates abuse or neglect of the client or	40852
patient.	40853

(c) The abuse or neglect does not arise out of the client's	40854
or patient's attempt to have an abortion without the notification	40855
of her parents, guardian, or custodian in accordance with section	40856
2151.85 of the Revised Code.	40857

(4)(a) No cleric and no person, other than a volunteer,	40858
designated by any church, religious society, or faith acting as a	40859
leader, official, or delegate on behalf of the church, religious	40860
society, or faith who is acting in an official or professional	40861
capacity, who knows, or has reasonable cause to believe based on	40862
facts that would cause a reasonable person in a similar position	40863
to believe, that a child under eighteen years of age or a mentally	40864
retarded, developmentally disabled, or physically impaired child	40865
under twenty-one years of age has suffered or faces a threat of	40866
suffering any physical or mental wound, injury, disability, or	40867
condition of a nature that reasonably indicates abuse or neglect	40868
of the child, and who knows, or has reasonable cause to believe	40869
based on facts that would cause a reasonable person in a similar	40870
position to believe, that another cleric or another person, other	40871
than a volunteer, designated by a church, religious society, or	40872
faith acting as a leader, official, or delegate on behalf of the	40873
church, religious society, or faith caused, or poses the threat of	40874
causing, the wound, injury, disability, or condition that	40875
reasonably indicates abuse or neglect shall fail to immediately	40876
report that knowledge or reasonable cause to believe to the entity	40877
or persons specified in this division. Except as provided in	40878
section 5120.173 of the Revised Code, the person making the report	40879
shall make it to the public children services agency or a	40880
municipal or county peace officer in the county in which the child	40881
resides or in which the abuse or neglect is occurring or has	40882
occurred. In the circumstances described in section 5120.173 of	40883
the Revised Code, the person making the report shall make it to	40884
the entity specified in that section.	40885

(b) Except as provided in division (A)(4)(c) of this section,	40886
a cleric is not required to make a report pursuant to division	40887
(A)(4)(a) of this section concerning any communication the cleric	40888
receives from a penitent in a cleric-penitent relationship, if, in	40889
accordance with division (C) of section 2317.02 of the Revised	40890
Code, the cleric could not testify with respect to that	40891
communication in a civil or criminal proceeding.	40892

(c) The penitent in a cleric-penitent relationship described	40893
in division (A)(4)(b) of this section is deemed to have waived any	40894
testimonial privilege under division (C) of section 2317.02 of the	40895
Revised Code with respect to any communication the cleric receives	40896
from the penitent in that cleric-penitent relationship, and the	40897
cleric shall make a report pursuant to division (A)(4)(a) of this	40898
section with respect to that communication, if all of the	40899
following apply:	40900

(i) The penitent, at the time of the communication, is either	40901
a child under eighteen years of age or a mentally retarded,	40902
developmentally disabled, or physically impaired person under	40903
twenty-one years of age.	40904

(ii) The cleric knows, or has reasonable cause to believe	40905
based on facts that would cause a reasonable person in a similar	40906
position to believe, as a result of the communication or any	40907
observations made during that communication, the penitent has	40908
suffered or faces a threat of suffering any physical or mental	40909
wound, injury, disability, or condition of a nature that	40910
reasonably indicates abuse or neglect of the penitent.	40911

(iii) The abuse or neglect does not arise out of the	40912
penitent's attempt to have an abortion performed upon a child	40913
under eighteen years of age or upon a mentally retarded,	40914
developmentally disabled, or physically impaired person under	40915
twenty-one years of age without the notification of her parents,	40916
guardian, or custodian in accordance with section 2151.85 of the	40917
Revised Code.	40918

(d) Divisions (A)(4)(a) and (c) of this section do not apply	40919
in a cleric-penitent relationship when the disclosure of any	40920
communication the cleric receives from the penitent is in	40921
violation of the sacred trust.	40922

(e) As used in divisions (A)(1) and (4) of this section,	40923
"cleric" and "sacred trust" have the same meanings as in section	40924
2317.02 of the Revised Code.	40925

(B) Anyone who knows, or has reasonable cause to suspect	40926
based on facts that would cause a reasonable person in similar	40927
circumstances to suspect, that a child under eighteen years of age	40928
or a mentally retarded, developmentally disabled, or physically	40929
impaired person under twenty-one years of age has suffered or	40930
faces a threat of suffering any physical or mental wound, injury,	40931
disability, or other condition of a nature that reasonably	40932
indicates abuse or neglect of the child may report or cause	40933
reports to be made of that knowledge or reasonable cause to	40934
suspect to the entity or persons specified in this division.	40935
Except as provided in section 5120.173 of the Revised Code, a	40936
person making a report or causing a report to be made under this	40937
division shall make it or cause it to be made to the public	40938
children services agency or to a municipal or county peace	40939
officer. In the circumstances described in section 5120.173 of the	40940
Revised Code, a person making a report or causing a report to be	40941
made under this division shall make it or cause it to be made to	40942
the entity specified in that section.	40943

(C) Any report made pursuant to division (A) or (B) of this	40944
section shall be made forthwith either by telephone or in person	40945
and shall be followed by a written report, if requested by the	40946
receiving agency or officer. The written report shall contain:	40947

(1) The names and addresses of the child and the child's	40948
parents or the person or persons having custody of the child, if	40949
known;	40950

(2) The child's age and the nature and extent of the child's	40951
injuries, abuse, or neglect that is known or reasonably suspected	40952
or believed, as applicable, to have occurred or of the threat of	40953
injury, abuse, or neglect that is known or reasonably suspected or	40954
believed, as applicable, to exist, including any evidence of	40955
previous injuries, abuse, or neglect;	40956

(3) Any other information that might be helpful in	40957
establishing the cause of the injury, abuse, or neglect that is	40958
known or reasonably suspected or believed, as applicable, to have	40959
occurred or of the threat of injury, abuse, or neglect that is	40960
known or reasonably suspected or believed, as applicable, to	40961
exist.	40962

Any person, who is required by division (A) of this section	40963
to report child abuse or child neglect that is known or reasonably	40964
suspected or believed to have occurred, may take or cause to be	40965
taken color photographs of areas of trauma visible on a child and,	40966
if medically indicated, cause to be performed radiological	40967
examinations of the child.	40968

(D) As used in this division, "children's advocacy center"	40969
and "sexual abuse of a child" have the same meanings as in section	40970
2151.425 of the Revised Code.	40971

(1) When a municipal or county peace officer receives a	40972
report concerning the possible abuse or neglect of a child or the	40973
possible threat of abuse or neglect of a child, upon receipt of	40974
the report, the municipal or county peace officer who receives the	40975
report shall refer the report to the appropriate public children	40976
services agency.	40977

(2) When a public children services agency receives a report	40978
pursuant to this division or division (A) or (B) of this section,	40979
upon receipt of the report, the public children services agency	40980
shall do both of the following:	40981

(a) Comply with section 2151.422 of the Revised Code;

40982

(b) If the county served by the agency is also served by a	40983
children's advocacy center and the report alleges sexual abuse of	40984
a child or another type of abuse of a child that is specified in	40985
the memorandum of understanding that creates the center as being	40986
within the center's jurisdiction, comply regarding the report with	40987
the protocol and procedures for referrals and investigations, with	40988
the coordinating activities, and with the authority or	40989
responsibility for performing or providing functions, activities,	40990
and services stipulated in the interagency agreement entered into	40991
under section 2151.428 of the Revised Code relative to that	40992
center.	40993

(E) No township, municipal, or county peace officer shall	40994
remove a child about whom a report is made pursuant to this	40995
section from the child's parents, stepparents, or guardian or any	40996
other persons having custody of the child without consultation	40997
with the public children services agency, unless, in the judgment	40998
of the officer, and, if the report was made by physician, the	40999
physician, immediate removal is considered essential to protect	41000
the child from further abuse or neglect. The agency that must be	41001
consulted shall be the agency conducting the investigation of the	41002
report as determined pursuant to section 2151.422 of the Revised	41003
Code.	41004

(F)(1) Except as provided in section 2151.422 of the Revised	41005
Code or in an interagency agreement entered into under section	41006
2151.428 of the Revised Code that applies to the particular	41007
report, the public children services agency shall investigate,	41008
within twenty-four hours, each report of child abuse or child	41009
neglect that is known or reasonably suspected or believed to have	41010
occurred and of a threat of child abuse or child neglect that is	41011
known or reasonably suspected or believed to exist that is	41012
referred to it under this section to determine the circumstances	41013
surrounding the injuries, abuse, or neglect or the threat of	41014
injury, abuse, or neglect, the cause of the injuries, abuse,	41015
neglect, or threat, and the person or persons responsible. The	41016
investigation shall be made in cooperation with the law	41017
enforcement agency and in accordance with the memorandum of	41018
understanding prepared under division (J) of this section. A	41019
representative of the public children services agency shall, at	41020
the time of initial contact with the person subject to the	41021
investigation, inform the person of the specific complaints or	41022
allegations made against the person. The information shall be	41023
given in a manner that is consistent with division (H)(1) of this	41024
section and protects the rights of the person making the report	41025
under this section.	41026

A failure to make the investigation in accordance with the	41027
memorandum is not grounds for, and shall not result in, the	41028
dismissal of any charges or complaint arising from the report or	41029
the suppression of any evidence obtained as a result of the report	41030
and does not give, and shall not be construed as giving, any	41031
rights or any grounds for appeal or post-conviction relief to any	41032
person. The public children services agency shall report each case	41033
to the uniform statewide automated child welfare information	41034
system that the department of job and family services shall	41035
maintain in accordance with section 5101.13 of the Revised Code.	41036
The public children services agency shall submit a report of its	41037
investigation, in writing, to the law enforcement agency.	41038

(2) The public children services agency shall make any	41039
recommendations to the county prosecuting attorney or city	41040
director of law that it considers necessary to protect any	41041
children that are brought to its attention.	41042

(G)(1)(a) Except as provided in division (H)(3) of this	41043
section, anyone or any hospital, institution, school, health	41044
department, or agency participating in the making of reports under	41045
division (A) of this section, anyone or any hospital, institution,	41046
school, health department, or agency participating in good faith	41047
in the making of reports under division (B) of this section, and	41048
anyone participating in good faith in a judicial proceeding	41049
resulting from the reports, shall be immune from any civil or	41050
criminal liability for injury, death, or loss to person or	41051
property that otherwise might be incurred or imposed as a result	41052
of the making of the reports or the participation in the judicial	41053
proceeding.	41054

(b) Notwithstanding section 4731.22 of the Revised Code, the	41055
physician-patient privilege shall not be a ground for excluding	41056
evidence regarding a child's injuries, abuse, or neglect, or the	41057
cause of the injuries, abuse, or neglect in any judicial	41058
proceeding resulting from a report submitted pursuant to this	41059
section.	41060

(2) In any civil or criminal action or proceeding in which it	41061
is alleged and proved that participation in the making of a report	41062
under this section was not in good faith or participation in a	41063
judicial proceeding resulting from a report made under this	41064
section was not in good faith, the court shall award the	41065
prevailing party reasonable attorney's fees and costs and, if a	41066
civil action or proceeding is voluntarily dismissed, may award	41067
reasonable attorney's fees and costs to the party against whom the	41068
civil action or proceeding is brought.	41069

(H)(1) Except as provided in divisions (H)(4) and (N) of this	41070
section, a report made under this section is confidential. The	41071
information provided in a report made pursuant to this section and	41072
the name of the person who made the report shall not be released	41073
for use, and shall not be used, as evidence in any civil action or	41074
proceeding brought against the person who made the report. Nothing	41075
in this division shall preclude the use of reports of other	41076
incidents of known or suspected abuse or neglect in a civil action	41077
or proceeding brought pursuant to division (M) of this section	41078
against a person who is alleged to have violated division (A)(1)	41079
of this section, provided that any information in a report that	41080
would identify the child who is the subject of the report or the	41081
maker of the report, if the maker of the report is not the	41082
defendant or an agent or employee of the defendant, has been	41083
redacted. In a criminal proceeding, the report is admissible in	41084
evidence in accordance with the Rules of Evidence and is subject	41085
to discovery in accordance with the Rules of Criminal Procedure.	41086

(2) No person shall permit or encourage the unauthorized	41087
dissemination of the contents of any report made under this	41088
section.	41089

(3) A person who knowingly makes or causes another person to	41090
make a false report under division (B) of this section that	41091
alleges that any person has committed an act or omission that	41092
resulted in a child being an abused child or a neglected child is	41093
guilty of a violation of section 2921.14 of the Revised Code.	41094

(4) If a report is made pursuant to division (A) or (B) of	41095
this section and the child who is the subject of the report dies	41096
for any reason at any time after the report is made, but before	41097
the child attains eighteen years of age, the public children	41098
services agency or municipal or county peace officer to which the	41099
report was made or referred, on the request of the child fatality	41100
review board, shall submit a summary sheet of information	41101
providing a summary of the report to the review board of the	41102
county in which the deceased child resided at the time of death.	41103
On the request of the review board, the agency or peace officer	41104
may, at its discretion, make the report available to the review	41105
board. If the county served by the public children services agency	41106
is also served by a children's advocacy center and the report of	41107
alleged sexual abuse of a child or another type of abuse of a	41108
child is specified in the memorandum of understanding that creates	41109
the center as being within the center's jurisdiction, the agency	41110
or center shall perform the duties and functions specified in this	41111
division in accordance with the interagency agreement entered into	41112
under section 2151.428 of the Revised Code relative to that	41113
advocacy center.	41114

(5) A public children services agency shall advise a person	41115
alleged to have inflicted abuse or neglect on a child who is the	41116
subject of a report made pursuant to this section, including a	41117
report alleging sexual abuse of a child or another type of abuse	41118
of a child referred to a children's advocacy center pursuant to an	41119
interagency agreement entered into under section 2151.428 of the	41120
Revised Code, in writing of the disposition of the investigation.	41121
The agency shall not provide to the person any information that	41122
identifies the person who made the report, statements of	41123
witnesses, or police or other investigative reports.	41124

(I) Any report that is required by this section, other than a	41125
report that is made to the state highway patrol as described in	41126
section 5120.173 of the Revised Code, shall result in protective	41127
services and emergency supportive services being made available by	41128
the public children services agency on behalf of the children	41129
about whom the report is made, in an effort to prevent further	41130
neglect or abuse, to enhance their welfare, and, whenever	41131
possible, to preserve the family unit intact. The agency required	41132
to provide the services shall be the agency conducting the	41133
investigation of the report pursuant to section 2151.422 of the	41134
Revised Code.	41135

(J)(1) Each public children services agency shall prepare a	41136
memorandum of understanding that is signed by all of the	41137
following:	41138

(a) If there is only one juvenile judge in the county, the	41139
juvenile judge of the county or the juvenile judge's	41140
representative;	41141

(b) If there is more than one juvenile judge in the county, a	41142
juvenile judge or the juvenile judges' representative selected by	41143
the juvenile judges or, if they are unable to do so for any	41144
reason, the juvenile judge who is senior in point of service or	41145
the senior juvenile judge's representative;	41146

41147

(d) All chief municipal peace officers within the county;

41148

(e) Other law enforcement officers handling child abuse and	41149
neglect cases in the county;	41150

(f) The prosecuting attorney of the county;

41151

(g) If the public children services agency is not the county	41152
department of job and family services, the county department of	41153
job and family services;	41154

(h) The county humane society;

41155

(i) If the public children services agency participated in	41156
the execution of a memorandum of understanding under section	41157
2151.426 of the Revised Code establishing a children's advocacy	41158
center, each participating member of the children's advocacy	41159
center established by the memorandum.	41160

(2) A memorandum of understanding shall set forth the normal	41161
operating procedure to be employed by all concerned officials in	41162
the execution of their respective responsibilities under this	41163
section and division (C) of section 2919.21, division (B)(1) of	41164
section 2919.22, division (B) of section 2919.23, and section	41165
2919.24 of the Revised Code and shall have as two of its primary	41166
goals the elimination of all unnecessary interviews of children	41167
who are the subject of reports made pursuant to division (A) or	41168
(B) of this section and, when feasible, providing for only one	41169
interview of a child who is the subject of any report made	41170
pursuant to division (A) or (B) of this section. A failure to	41171
follow the procedure set forth in the memorandum by the concerned	41172
officials is not grounds for, and shall not result in, the	41173
dismissal of any charges or complaint arising from any reported	41174
case of abuse or neglect or the suppression of any evidence	41175
obtained as a result of any reported child abuse or child neglect	41176
and does not give, and shall not be construed as giving, any	41177
rights or any grounds for appeal or post-conviction relief to any	41178
person.	41179

(3) A memorandum of understanding shall include all of the	41180
following:	41181

(a) The roles and responsibilities for handling emergency and	41182
nonemergency cases of abuse and neglect;	41183

(b) Standards and procedures to be used in handling and	41184
coordinating investigations of reported cases of child abuse and	41185
reported cases of child neglect, methods to be used in	41186
interviewing the child who is the subject of the report and who	41187
allegedly was abused or neglected, and standards and procedures	41188
addressing the categories of persons who may interview the child	41189
who is the subject of the report and who allegedly was abused or	41190
neglected.	41191

(4) If a public children services agency participated in the	41192
execution of a memorandum of understanding under section 2151.426	41193
of the Revised Code establishing a children's advocacy center, the	41194
agency shall incorporate the contents of that memorandum in the	41195
memorandum prepared pursuant to this section.	41196

(5) The clerk of the court of common pleas in the county may	41197
sign the memorandum of understanding prepared under division	41198
(J)(1) of this section. If the clerk signs the memorandum of	41199
understanding, the clerk shall execute all relevant	41200
responsibilities as required of officials specified in the	41201
memorandum.	41202

(K)(1) Except as provided in division (K)(4) of this section,	41203
a person who is required to make a report pursuant to division (A)	41204
of this section may make a reasonable number of requests of the	41205
public children services agency that receives or is referred the	41206
report, or of the children's advocacy center that is referred the	41207
report if the report is referred to a children's advocacy center	41208
pursuant to an interagency agreement entered into under section	41209
2151.428 of the Revised Code, to be provided with the following	41210
information:	41211

(a) Whether the agency or center has initiated an	41212
investigation of the report;	41213

(b) Whether the agency or center is continuing to investigate	41214
the report;	41215

(c) Whether the agency or center is otherwise involved with	41216
the child who is the subject of the report;	41217

(d) The general status of the health and safety of the child	41218
who is the subject of the report;	41219

(e) Whether the report has resulted in the filing of a	41220
complaint in juvenile court or of criminal charges in another	41221
court.	41222

(2) A person may request the information specified in	41223
division (K)(1) of this section only if, at the time the report is	41224
made, the person's name, address, and telephone number are	41225
provided to the person who receives the report.	41226

When a municipal or county peace officer or employee of a	41227
public children services agency receives a report pursuant to	41228
division (A) or (B) of this section the recipient of the report	41229
shall inform the person of the right to request the information	41230
described in division (K)(1) of this section. The recipient of the	41231
report shall include in the initial child abuse or child neglect	41232
report that the person making the report was so informed and, if	41233
provided at the time of the making of the report, shall include	41234
the person's name, address, and telephone number in the report.	41235

Each request is subject to verification of the identity of	41236
the person making the report. If that person's identity is	41237
verified, the agency shall provide the person with the information	41238
described in division (K)(1) of this section a reasonable number	41239
of times, except that the agency shall not disclose any	41240
confidential information regarding the child who is the subject of	41241
the report other than the information described in those	41242
divisions.	41243

(3) A request made pursuant to division (K)(1) of this	41244
section is not a substitute for any report required to be made	41245
pursuant to division (A) of this section.	41246

(4) If an agency other than the agency that received or was	41247
referred the report is conducting the investigation of the report	41248
pursuant to section 2151.422 of the Revised Code, the agency	41249
conducting the investigation shall comply with the requirements of	41250
division (K) of this section.	41251

(L) The director of job and family services shall adopt rules	41252
in accordance with Chapter 119. of the Revised Code to implement	41253
this section. The department of job and family services may enter	41254
into a plan of cooperation with any other governmental entity to	41255
aid in ensuring that children are protected from abuse and	41256
neglect. The department shall make recommendations to the attorney	41257
general that the department determines are necessary to protect	41258
children from child abuse and child neglect.	41259

(M) Whoever violates division (A) of this section is liable	41260
for compensatory and exemplary damages to the child who would have	41261
been the subject of the report that was not made. A person who	41262
brings a civil action or proceeding pursuant to this division	41263
against a person who is alleged to have violated division (A)(1)	41264
of this section may use in the action or proceeding reports of	41265
other incidents of known or suspected abuse or neglect, provided	41266
that any information in a report that would identify the child who	41267
is the subject of the report or the maker of the report, if the	41268
maker is not the defendant or an agent or employee of the	41269
defendant, has been redacted.	41270

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

41271

(a) "Out-of-home care" includes a nonchartered nonpublic	41272
school if the alleged child abuse or child neglect, or alleged	41273
threat of child abuse or child neglect, described in a report	41274
received by a public children services agency allegedly occurred	41275
in or involved the nonchartered nonpublic school and the alleged	41276
perpetrator named in the report holds a certificate, permit, or	41277
license issued by the state board of education under section	41278
3301.071 or Chapter 3319. of the Revised Code.	41279

(b) "Administrator, director, or other chief administrative	41280
officer" means the superintendent of the school district if the	41281
out-of-home care entity subject to a report made pursuant to this	41282
section is a school operated by the district.	41283

(2) No later than the end of the day following the day on	41284
which a public children services agency receives a report of	41285
alleged child abuse or child neglect, or a report of an alleged	41286
threat of child abuse or child neglect, that allegedly occurred in	41287
or involved an out-of-home care entity, the agency shall provide	41288
written notice of the allegations contained in and the person	41289
named as the alleged perpetrator in the report to the	41290
administrator, director, or other chief administrative officer of	41291
the out-of-home care entity that is the subject of the report	41292
unless the administrator, director, or other chief administrative	41293
officer is named as an alleged perpetrator in the report. If the	41294
administrator, director, or other chief administrative officer of	41295
an out-of-home care entity is named as an alleged perpetrator in a	41296
report of alleged child abuse or child neglect, or a report of an	41297
alleged threat of child abuse or child neglect, that allegedly	41298
occurred in or involved the out-of-home care entity, the agency	41299
shall provide the written notice to the owner or governing board	41300
of the out-of-home care entity that is the subject of the report.	41301
The agency shall not provide witness statements or police or other	41302
investigative reports.	41303

(3) No later than three days after the day on which a public	41304
children services agency that conducted the investigation as	41305
determined pursuant to section 2151.422 of the Revised Code makes	41306
a disposition of an investigation involving a report of alleged	41307
child abuse or child neglect, or a report of an alleged threat of	41308
child abuse or child neglect, that allegedly occurred in or	41309
involved an out-of-home care entity, the agency shall send written	41310
notice of the disposition of the investigation to the	41311
administrator, director, or other chief administrative officer and	41312
the owner or governing board of the out-of-home care entity. The	41313
agency shall not provide witness statements or police or other	41314
investigative reports.	41315

(O) As used in this section, "investigation" means the public	41316
children services agency's response to an accepted report of child	41317
abuse or neglect through either an alternative response or a	41318
traditional response.	41319

Sec. 2151.424. (A) If a child has been placed in a certified	41320
foster home or is in the custody of a relative of the child, other	41321
than a parent of the child, a court, prior to conducting any	41322
hearing pursuant to division ~~(E)~~(F)(2) or (3) of section 2151.412	41323
or section 2151.28, 2151.33, 2151.35, 2151.414, 2151.415,	41324
2151.416, or 2151.417 of the Revised Code with respect to the	41325
child, shall notify the foster caregiver or relative of the date,	41326
time, and place of the hearing. At the hearing, the foster	41327
caregiver or relative shall have the right to present evidence.	41328

(B) If a public children services agency or private child	41329
placing agency has permanent custody of a child and a petition to	41330
adopt the child has been filed under Chapter 3107. of the Revised	41331
Code, the agency, prior to conducting a review under section	41332
2151.416 of the Revised Code, or a court, prior to conducting a	41333
hearing under division ~~(E)~~(F)(2) or (3) of section 2151.412 or	41334
section 2151.416 or 2151.417 of the Revised Code, shall notify the	41335
prospective adoptive parent of the date, time, and place of the	41336
review or hearing. At the review or hearing, the prospective	41337
adoptive parent shall have the right to present evidence.	41338

(C) The notice and the opportunity to present evidence do not	41339
make the foster caregiver, relative, or prospective adoptive	41340
parent a party in the action or proceeding pursuant to which the	41341
review or hearing is conducted.	41342

Sec. 2151.429. (A) The differential response approach, as	41343
defined in section 2151.011 of the Revised Code, pursued by a	41344
public children services agency shall include two response	41345
pathways, the traditional response pathway and the alternative	41346
response pathway. The director of job and family services shall	41347
adopt rules pursuant to Chapter 119. of the Revised Code setting	41348
forth the procedures and criteria for public children services	41349
agencies to assign and reassign response pathways.	41350

(B) The agency shall use the traditional response for the	41351
following types of accepted reports:	41352

(1) Physical abuse resulting in serious injury or that	41353
creates a serious and immediate risk to a child's health and	41354
safety.	41355

(2) Sexual abuse.

41356

(3) Child fatality.

41357

(4) Reports requiring a specialized assessment as identified	41358
by rule adopted by the department.	41359

(5) Reports requiring a third party investigative procedure	41360
as identified by rule adopted by the department.	41361

(C) For all other child abuse and neglect reports, an	41362
alternative response shall be the preferred response, whenever	41363
appropriate and in accordance with rules adopted by the	41364
department.	41365

Sec. 2151.541. (A)(1) The juvenile judge may determine that,	41366
for the efficient operation of the juvenile court, additional	41367
funds are required to computerize the court, to make available	41368
computerized legal research services, or both. Upon making a	41369
determination that additional funds are required for either or	41370
both of those purposes, the judge shall do one of the following:	41371

(a) If hethe judge is clerk of the court, charge one	41372
additional fee not to exceed three dollars on the filing of each	41373
cause of action or appeal under division (A), (Q), or (U) of	41374
section 2303.20 of the Revised Code;	41375

(b) If the clerk of the court of common pleas serves as the	41376
clerk of the juvenile court pursuant to section 2151.12 of the	41377
Revised Code, authorize and direct the clerk to charge one	41378
additional fee not to exceed three dollars on the filing of each	41379
cause of action or appeal under division (A), (Q), or (U) of	41380
section 2303.20 of the Revised Code.	41381

(2) All moneys collected under division (A)(1) of this	41382
section shall be paid to the county treasurer. The treasurer shall	41383
place the moneys from the fees in a separate fund to be disbursed,	41384
either upon an order of the juvenile judge, subject to an	41385
appropriation by the board of county commissioners, or upon an	41386
order of the juvenile judge, subject to the court making an annual	41387
report available to the public listing the use of all such funds,	41388
in an amount no greater than the actual cost to the court of	41389
procuring and maintaining computerization of the court,	41390
computerized legal research services, or both.	41391

(3) If the court determines that the funds in the fund	41392
described in division (A)(2) of this section are more than	41393
sufficient to satisfy the purpose for which the additional fee	41394
described in division (A)(1) of this section was imposed, the	41395
court may declare a surplus in the fund and, subject to an	41396
appropriation by the board of county commissioners, expend those	41397
surplus funds, or upon an order of the court, subject to the court	41398
making an annual report available to the public listing the use of	41399
all such funds, expend those surplus funds, for other appropriate	41400
technological expenses of the court.	41401

(B)(1) If the juvenile judge is the clerk of the juvenile	41402
court, hethe judge may determine that, for the efficient	41403
operation of ~~his~~the juvenile court, additional funds are required	41404
to computerize the clerk's office and, upon that determination,	41405
may charge an additional fee, not to exceed ten dollars, on the	41406
filing of each cause of action or appeal, on the filing,	41407
docketing, and endorsing of each certificate of judgment, or on	41408
the docketing and indexing of each aid in execution or petition to	41409
vacate, revive, or modify a judgment under divisions (A), (P),	41410
(Q), (T), and (U) of section 2303.20 of the Revised Code. Subject	41411
to division (B)(2) of this section, all moneys collected under	41412
this division shall be paid to the county treasurer to be	41413
disbursed, upon an order of the juvenile judge and subject to	41414
appropriation by the board of county commissioners, in an amount	41415
no greater than the actual cost to the juvenile court of procuring	41416
and maintaining computer systems for the clerk's office.	41417

(2) If the juvenile judge makes the determination described	41418
in division (B)(1) of this section, the board of county	41419
commissioners may issue one or more general obligation bonds for	41420
the purpose of procuring and maintaining the computer systems for	41421
the office of the clerk of the juvenile court. In addition to the	41422
purposes stated in division (B)(1) of this section for which the	41423
moneys collected under that division may be expended, the moneys	41424
additionally may be expended to pay debt charges on and financing	41425
costs related to any general obligation bonds issued pursuant to	41426
this division as they become due. General obligation bonds issued	41427
pursuant to this division are Chapter 133. securities.	41428

Sec. 2152.72. (A) This section applies only to a child who	41429
is or previously has been adjudicated a delinquent child for an	41430
act to which any of the following applies:	41431

(1) The act is a violation of section 2903.01, 2903.02,	41432
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or	41433
2907.05 of the Revised Code.	41434

(2) The act is a violation of section 2923.01 of the Revised	41435
Code and involved an attempt to commit aggravated murder or	41436
murder.	41437

(3) The act would be a felony if committed by an adult, and	41438
the court determined that the child, if an adult, would be guilty	41439
of a specification found in section 2941.141, 2941.144, or	41440
2941.145 of the Revised Code or in another section of the Revised	41441
Code that relates to the possession or use of a firearm during the	41442
commission of the act for which the child was adjudicated a	41443
delinquent child.	41444

(4) The act would be an offense of violence that is a felony	41445
if committed by an adult, and the court determined that the child,	41446
if an adult, would be guilty of a specification found in section	41447
2941.1411 of the Revised Code or in another section of the Revised	41448
Code that relates to the wearing or carrying of body armor during	41449
the commission of the act for which the child was adjudicated a	41450
delinquent child.	41451

(B)(1) Except as provided in division (E) of this section, a	41452
public children services agency, private child placing agency,	41453
private noncustodial agency, or court, the department of youth	41454
services, or another private or government entity shall not place	41455
a child in a certified foster home or for adoption until it	41456
provides the foster caregivers or prospective adoptive parents	41457
with all of the following:	41458

(a) A written report describing the child's social history;

41459

(b) A written report describing all the acts committed by the	41460
child the entity knows of that resulted in the child being	41461
adjudicated a delinquent child and the disposition made by the	41462
court, unless the records pertaining to the acts have been sealed	41463
pursuant to section 2151.356 of the Revised Code;	41464

(c) A written report describing any other violent act	41465
committed by the child of which the entity is aware;	41466

(d) The substantial and material conclusions and	41467
recommendations of any psychiatric or psychological examination	41468
conducted on the child or, if no psychological or psychiatric	41469
examination of the child is available, the substantial and	41470
material conclusions and recommendations of an examination to	41471
detect mental and emotional disorders conducted in compliance with	41472
the requirements of Chapter 4757. of the Revised Code by an	41473
independent social worker, social worker, professional clinical	41474
counselor, or professional counselor licensed under that chapter.	41475
The entity shall not provide any part of a psychological,	41476
psychiatric, or mental and emotional disorder examination to the	41477
foster caregivers or prospective adoptive parents other than the	41478
substantial and material conclusions.	41479

(2) Notwithstanding sections 2151.356 to 2151.358 of the	41480
Revised Code, if records of an adjudication that a child is a	41481
delinquent child have been sealed pursuant to those sections and	41482
an entity knows the records have been sealed, the entity shall	41483
provide the foster caregivers or prospective adoptive parents a	41484
written statement that the records of a prior adjudication have	41485
been sealed.	41486

(C)(1) The entity that places the child in a certified foster	41487
home or for adoption shall conduct a psychological examination of	41488
the child unless either of the following applies:	41489

(a) An entity is not required to conduct the examination if	41490
an examination was conducted no more than one year prior to the	41491
child's placement, and division (C)(1)(b) of this section does not	41492
apply.	41493

(b) An entity is not required to conduct the examination if a	41494
foster caregiver seeks to adopt the foster caregiver's foster	41495
child, and an examination was conducted no more than two years	41496
prior to the date the foster caregiver seeks to adopt the child.	41497

(2) No later than sixty days after placing the child, the	41498
entity shall provide the foster caregiver or prospective adoptive	41499
parents a written report detailing the substantial and material	41500
conclusions and recommendations of the examination conducted	41501
pursuant to this division.	41502

(D)(1) Except as provided in divisions (D)(2) and (3) of this	41503
section, the expenses of conducting the examinations and preparing	41504
the reports and assessment required by division (B) or (C) of this	41505
section shall be paid by the entity that places the child in the	41506
certified foster home or for adoption.	41507

(2) When a juvenile court grants temporary or permanent	41508
custody of a child pursuant to any section of the Revised Code,	41509
including section 2151.33, 2151.353, 2151.354, or 2152.19 of the	41510
Revised Code, to a public children services agency or private	41511
child placing agency, the court shall provide the agency the	41512
information described in division (B) of this section, pay the	41513
expenses of preparing that information, and, if a new examination	41514
is required to be conducted, pay the expenses of conducting the	41515
examination described in division (C) of this section. On receipt	41516
of the information described in division (B) of this section, the	41517
agency shall provide to the court written acknowledgment that the	41518
agency received the information. The court shall keep the	41519
acknowledgment and provide a copy to the agency. On the motion of	41520
the agency, the court may terminate the order granting temporary	41521
or permanent custody of the child to that agency, if the court	41522
does not provide the information described in division (B) of this	41523
section.	41524

(3) If one of the following entities is placing a child in a	41525
certified foster home or for adoption with the assistance of or by	41526
contracting with a public children services agency, private child	41527
placing agency, or a private noncustodial agency, the entity shall	41528
provide the agency with the information described in division (B)	41529
of this section, pay the expenses of preparing that information,	41530
and, if a new examination is required to be conducted, pay the	41531
expenses of conducting the examination described in division (C)	41532
of this section:	41533

(a) The department of youth services if the placement is	41534
pursuant to any section of the Revised Code including section	41535
2152.22, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised	41536
Code;	41537

(b) A juvenile court with temporary or permanent custody of a	41538
child pursuant to section 2151.354 or 2152.19 of the Revised Code;	41539

(c) A public children services agency or private child	41540
placing agency with temporary or permanent custody of the child.	41541

The agency receiving the information described in division	41542
(B) of this section shall provide the entity described in division	41543
(D)(3)(a) to (c) of this section that sent the information written	41544
acknowledgment that the agency received the information and	41545
provided it to the foster caregivers or prospective adoptive	41546
parents. The entity shall keep the acknowledgment and provide a	41547
copy to the agency. An entity that places a child in a certified	41548
foster home or for adoption with the assistance of or by	41549
contracting with an agency remains responsible to provide the	41550
information described in division (B) of this section to the	41551
foster caregivers or prospective adoptive parents unless the	41552
entity receives written acknowledgment that the agency provided	41553
the information.	41554

(E) If a child is placed in a certified foster home as a	41555
result of an emergency removal of the child from home pursuant to	41556
division (D) of section 2151.31 of the Revised Code, an emergency	41557
change in the child's case plan pursuant to division ~~(E)~~(F)(3) of	41558
section 2151.412 of the Revised Code, or an emergency placement by	41559
the department of youth services pursuant to this chapter or	41560
Chapter 5139. of the Revised Code, the entity that places the	41561
child in the certified foster home shall provide the information	41562
described in division (B) of this section no later than ninety-six	41563
hours after the child is placed in the certified foster home.	41564

(F) On receipt of the information described in divisions (B)	41565
and (C) of this section, the foster caregiver or prospective	41566
adoptive parents shall provide to the entity that places the child	41567
in the foster caregiver's or prospective adoptive parents' home a	41568
written acknowledgment that the foster caregiver or prospective	41569
adoptive parents received the information. The entity shall keep	41570
the acknowledgment and provide a copy to the foster caregiver or	41571
prospective adoptive parents.	41572

(G) No person employed by an entity subject to this section	41573
and made responsible by that entity for the child's placement in a	41574
certified foster home or for adoption shall fail to provide the	41575
foster caregivers or prospective adoptive parents with the	41576
information required by divisions (B) and (C) of this section.	41577

(H) It is not a violation of any duty of confidentiality	41578
provided for in the Revised Code or a code of professional	41579
responsibility for a person or government entity to provide the	41580
substantial and material conclusions and recommendations of a	41581
psychiatric or psychological examination, or an examination to	41582
detect mental and emotional disorders, in accordance with division	41583
(B)(1)(d) or (C) of this section.	41584

(I) As used in this section:

41585

(1) "Body armor" has the same meaning as in section 2941.1411	41586
of the Revised Code.	41587

(2) "Firearm" has the same meaning as in section 2923.11 of	41588
the Revised Code.	41589

Sec. 2301.01. There shall be a court of common pleas in each	41590
county held by one or more judges, each of whom has been admitted	41591
to practice as an attorney at law in this state and has, for a	41592
total of at least six years preceding the judge's appointment or	41593
commencement of the judge's term, engaged in the practice of law	41594
~~in this state~~ or served as a judge of a court of record in any	41595
jurisdiction in the United States, or both, resides in ~~said~~the	41596
county, and is elected by the electors therein. At least two of	41597
the years of practice or service that qualify a judge shall have	41598
been in this state. Each judge shall be elected for six years at	41599
the general election immediately preceding the year in which the	41600
term, as provided in sections 2301.02 and 2301.03 of the Revised	41601
Code, commences, and the judge's successor shall be elected at the	41602
general election immediately preceding the expiration of ~~such~~that	41603
term.	41604

Sec. 2301.031. (A)(1) The domestic relations judges of a	41605
domestic relations division created by section 2301.03 of the	41606
Revised Code may determine that, for the efficient operation of	41607
their division, additional funds are required to computerize the	41608
division, to make available computerized legal research services,	41609
or both. Upon making a determination that additional funds are	41610
required for either or both of those purposes, the judges shall do	41611
one of the following:	41612

(a) Authorize and direct the clerk or a deputy clerk of the	41613
division to charge one additional fee not to exceed three dollars	41614
on the filing of each cause of action or appeal under division	41615
(A), (Q), or (U) of section 2303.20 of the Revised Code;	41616

(b) If the clerk of the court of common pleas serves as the	41617
clerk of the division, authorize and direct the clerk of the court	41618
of common pleas to charge one additional fee not to exceed three	41619
dollars on the filing of each cause of action or appeal under	41620
division (A), (Q), or (U) of section 2303.20 of the Revised Code.	41621

(2) All moneys collected under division (A)(1) of this	41622
section shall be paid to the county treasurer. The treasurer shall	41623
place the moneys from the fees in a separate fund to be disbursed,	41624
either upon an order of the domestic relations judges, subject to	41625
an appropriation by the board of county commissioners, or upon an	41626
order of the domestic relations judge, subject to the court making	41627
an annual report available to the public listing the use of all	41628
such funds, in an amount no greater than the actual cost to the	41629
division of procuring and maintaining computerization of the	41630
court, computerized legal research services, or both.	41631

(3) If the court determines that the funds in the fund	41632
described in division (A)(2) of this section are more than	41633
sufficient to satisfy the purpose for which the additional fee	41634
described in division (A)(1) of this section was imposed, the	41635
court may declare a surplus in the fund and, subject to an	41636
appropriation by the board of county commissioners, expend those	41637
surplus funds, or upon an order of the court, subject to the court	41638
making an annual report available to the public listing the use of	41639
all such funds, expend those surplus funds, for other appropriate	41640
technological expenses of the court.	41641

(B)(1) If the clerk of the court of common pleas is not	41642
serving as the clerk of a juvenile or domestic relations division	41643
created by section 2301.03 of the Revised Code, the juvenile or	41644
domestic relations judges may determine that, for the efficient	41645
operation of their division, additional funds are required to	41646
computerize the office of the clerk of their division and, upon	41647
that determination, may authorize and direct the clerk or a deputy	41648
clerk of their division to charge an additional fee, not to exceed	41649
ten dollars, on the filing of each cause of action or appeal, on	41650
the filing, docketing, and endorsing of each certificate of	41651
judgment, or on the docketing and indexing of each aid in	41652
execution or petition to vacate, revive, or modify a judgment	41653
under divisions (A), (P), (Q), (T), and (U) of section 2303.20 of	41654
the Revised Code. Subject to division (B)(2) of this section, all	41655
moneys collected under this division shall be paid to the county	41656
treasurer to be disbursed, upon an order of the juvenile or	41657
domestic relations judges and subject to appropriation by the	41658
board of county commissioners, in an amount no greater than the	41659
actual cost to the juvenile or domestic relations division of	41660
procuring and maintaining computer systems for the clerk's office.	41661

(2) If juvenile or domestic relations judges make the	41662
determination described in division (B)(1) of this section, the	41663
board of county commissioners may issue one or more general	41664
obligation bonds for the purpose of procuring and maintaining the	41665
computer systems for the office of the clerk of the juvenile or	41666
domestic relations division. In addition to the purposes stated in	41667
division (B)(1) of this section for which the moneys collected	41668
under that division may be expended, the moneys additionally may	41669
be expended to pay debt charges on and financing costs related to	41670
any general obligation bonds issued pursuant to this division as	41671
they become due. General obligation bonds issued pursuant to this	41672
division are Chapter 133. securities.	41673

Sec. 2303.201. (A)(1) The court of common pleas of any	41674
county may determine that for the efficient operation of the court	41675
additional funds are required to computerize the court, to make	41676
available computerized legal research services, or to do both.	41677
Upon making a determination that additional funds are required for	41678
either or both of those purposes, the court shall authorize and	41679
direct the clerk of the court of common pleas to charge one	41680
additional fee, not to exceed three dollars, on the filing of each	41681
cause of action or appeal under divisions (A), (Q), and (U) of	41682
section 2303.20 of the Revised Code.	41683

(2) All fees collected under division (A)(1) of this section	41684
shall be paid to the county treasurer. The treasurer shall place	41685
the funds from the fees in a separate fund to be disbursed,either	41686
upon an order of the court, subject to an appropriation by the	41687
board of county commissioners, or upon an order of the court,	41688
subject to the court making an annual report available to the	41689
public listing the use of all such funds, in an amount not greater	41690
than the actual cost to the court of procuring and maintaining	41691
computerization of the court, computerized legal research	41692
services, or both.	41693

(3) If the court determines that the funds in the fund	41694
described in division (A)(2) of this section are more than	41695
sufficient to satisfy the purpose for which the additional fee	41696
described in division (A)(1) of this section was imposed, the	41697
court may declare a surplus in the fund and, subject to an	41698
appropriation by the board of county commissioners, expend those	41699
surplus funds, or upon an order of the court, subject to the court	41700
making an annual report available to the public listing the use of	41701
all such funds, expend those surplus funds, for other appropriate	41702
technological expenses of the court.	41703

(B)(1) The court of common pleas of any county may determine	41704
that, for the efficient operation of the court, additional funds	41705
are required to computerize the office of the clerk of the court	41706
of common pleas and, upon that determination, authorize and direct	41707
the clerk of the court of common pleas to charge an additional	41708
fee, not to exceed ten dollars, on the filing of each cause of	41709
action or appeal, on the filing, docketing, and endorsing of each	41710
certificate of judgment, or on the docketing and indexing of each	41711
aid in execution or petition to vacate, revive, or modify a	41712
judgment under divisions (A), (P), (Q), (T), and (U) of section	41713
2303.20 of the Revised Code. Subject to division (B)(2) of this	41714
section, all moneys collected under division (B)(1) of this	41715
section shall be paid to the county treasurer to be disbursed,	41716
upon an order of the court of common pleas and subject to	41717
appropriation by the board of county commissioners, in an amount	41718
no greater than the actual cost to the court of procuring and	41719
maintaining computer systems for the office of the clerk of the	41720
court of common pleas.	41721

(2) If the court of common pleas of a county makes the	41722
determination described in division (B)(1) of this section, the	41723
board of county commissioners of that county may issue one or more	41724
general obligation bonds for the purpose of procuring and	41725
maintaining the computer systems for the office of the clerk of	41726
the court of common pleas. In addition to the purposes stated in	41727
division (B)(1) of this section for which the moneys collected	41728
under that division may be expended, the moneys additionally may	41729
be expended to pay debt charges on and financing costs related to	41730
any general obligation bonds issued pursuant to division (B)(2) of	41731
this section as they become due. General obligation bonds issued	41732
pursuant to division (B)(2) of this section are Chapter 133.	41733
securities.	41734

(C) The court of common pleas shall collect the sum of	41735
twenty-six dollars as additional filing fees in each new civil	41736
action or proceeding for the charitable public purpose of	41737
providing financial assistance to legal aid societies that operate	41738
within the state and to support the office of the state public	41739
defender. This division does not apply to proceedings concerning	41740
annulments, dissolutions of marriage, divorces, legal separation,	41741
spousal support, marital property or separate property	41742
distribution, support, or other domestic relations matters; to a	41743
juvenile division of a court of common pleas; to a probate	41744
division of a court of common pleas, except that the additional	41745
filing fees shall apply to name change, guardianship, adoption,	41746
and decedents' estate proceedings; or to an execution on a	41747
judgment, proceeding in aid of execution, or other post-judgment	41748
proceeding arising out of a civil action. The filing fees required	41749
to be collected under this division shall be in addition to any	41750
other filing fees imposed in the action or proceeding and shall be	41751
collected at the time of the filing of the action or proceeding.	41752
The court shall not waive the payment of the additional filing	41753
fees in a new civil action or proceeding unless the court waives	41754
the advanced payment of all filing fees in the action or	41755
proceeding. All such moneys collected during a month except for an	41756
amount equal to up to one per cent of those moneys retained to	41757
cover administrative costs shall be transmitted on or before the	41758
twentieth day of the following month by the clerk of the court to	41759
the treasurer of state in a manner prescribed by the treasurer of	41760
state or by the Ohio legal assistance foundation. The treasurer of	41761
state shall deposit four per cent of the funds collected under	41762
this division to the credit of the civil case filing fee fund	41763
established under section 120.07 of the Revised Code and	41764
ninety-six per cent of the funds collected under this division to	41765
the credit of the legal aid fund established under section 120.52	41766
of the Revised Code.	41767

The court may retain up to one per cent of the moneys it	41768
collects under this division to cover administrative costs,	41769
including the hiring of any additional personnel necessary to	41770
implement this division. If the court fails to transmit to the	41771
treasurer of state the moneys the court collects under this	41772
division in a manner prescribed by the treasurer of state or by	41773
the Ohio legal assistance foundation, the court shall forfeit the	41774
moneys the court retains under this division to cover	41775
administrative costs, including the hiring of any additional	41776
personnel necessary to implement this division, and shall transmit	41777
to the treasurer of state all moneys collected under this	41778
division, including the forfeited amount retained for	41779
administrative costs, for deposit in the legal aid fund.	41780

(D) On and after the thirtieth day after December 9, 1994,	41781
the court of common pleas shall collect the sum of thirty-two	41782
dollars as additional filing fees in each new action or proceeding	41783
for annulment, divorce, or dissolution of marriage for the purpose	41784
of funding shelters for victims of domestic violence pursuant to	41785
sections 3113.35 to 3113.39 of the Revised Code. The filing fees	41786
required to be collected under this division shall be in addition	41787
to any other filing fees imposed in the action or proceeding and	41788
shall be collected at the time of the filing of the action or	41789
proceeding. The court shall not waive the payment of the	41790
additional filing fees in a new action or proceeding for	41791
annulment, divorce, or dissolution of marriage unless the court	41792
waives the advanced payment of all filing fees in the action or	41793
proceeding. On or before the twentieth day of each month, all	41794
moneys collected during the immediately preceding month pursuant	41795
to this division shall be deposited by the clerk of the court into	41796
the county treasury in the special fund used for deposit of	41797
additional marriage license fees as described in section 3113.34	41798
of the Revised Code. Upon their deposit into the fund, the moneys	41799
shall be retained in the fund and expended only as described in	41800
section 3113.34 of the Revised Code.	41801

(E)(1) The court of common pleas may determine that, for the	41802
efficient operation of the court, additional funds are necessary	41803
to acquire and pay for special projects of the court, including,	41804
but not limited to, the acquisition of additional facilities or	41805
the rehabilitation of existing facilities, the acquisition of	41806
equipment, the hiring and training of staff, community service	41807
programs, mediation or dispute resolution services, the employment	41808
of magistrates, the training and education of judges, acting	41809
judges, and magistrates, and other related services. Upon that	41810
determination, the court by rule may charge a fee, in addition to	41811
all other court costs, on the filing of each criminal cause, civil	41812
action or proceeding, or judgment by confession.	41813

If the court of common pleas offers a special program or	41814
service in cases of a specific type, the court by rule may assess	41815
an additional charge in a case of that type, over and above court	41816
costs, to cover the special program or service. The court shall	41817
adjust the special assessment periodically, but not retroactively,	41818
so that the amount assessed in those cases does not exceed the	41819
actual cost of providing the service or program.	41820

All moneys collected under division (E) of this section shall	41821
be paid to the county treasurer for deposit into either a general	41822
special projects fund or a fund established for a specific special	41823
project. Moneys from a fund of that nature shall be disbursed upon	41824
an order of the court, subject to an appropriation by the board of	41825
county commissioners, in an amount no greater than the actual cost	41826
to the court of a project. If a specific fund is terminated	41827
because of the discontinuance of a program or service established	41828
under division (E) of this section, the court may order, subject	41829
to an appropriation by the board of county commissioners, that	41830
moneys remaining in the fund be transferred to an account	41831
established under this division for a similar purpose.	41832

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

41833

(a) "Criminal cause" means a charge alleging the violation of	41834
a statute or ordinance, or subsection of a statute or ordinance,	41835
that requires a separate finding of fact or a separate plea before	41836
disposition and of which the defendant may be found guilty,	41837
whether filed as part of a multiple charge on a single summons,	41838
citation, or complaint or as a separate charge on a single	41839
summons, citation, or complaint. "Criminal cause" does not include	41840
separate violations of the same statute or ordinance, or	41841
subsection of the same statute or ordinance, unless each charge is	41842
filed on a separate summons, citation, or complaint.	41843

(b) "Civil action or proceeding" means any civil litigation	41844
that must be determined by judgment entry.	41845

Sec. 2305.232. (A) No person who gives aid or advice in an	41846
emergency situation relating to the prevention of an imminent	41847
release of hazardous material, to the clean-up or disposal of	41848
hazardous material that has been released, or to the related	41849
mitigation of the effects of a release of hazardous material, nor	41850
the public or private employer of such a person, is liable in	41851
civil damages as a result of the aid or advice if all of the	41852
following apply:	41853

(1) The aid or advice was given at the request of:

41854

(a) A sheriff, the chief of police or other chief officer of	41855
the law enforcement agency of a municipal corporation, the chief	41856
of police of a township police district or joint police district,	41857
the chief of a fire department, the state fire marshal, the	41858
director of environmental protection, the chairperson of the	41859
public utilities commission, the superintendent of the state	41860
highway patrol, the executive director of the emergency management	41861
agency, the chief executive of a municipal corporation, or the	41862
authorized representative of any such official, or the legislative	41863
authority of a township or county; or	41864

(b) The owner or manufacturer of the hazardous material, an	41865
association of manufacturers of the hazardous material, or a	41866
hazardous material mutual aid group.	41867

(2) The person giving the aid or advice acted without	41868
anticipating remuneration for self or the person's employer from	41869
the governmental official, authority, or agency that requested the	41870
aid or advice;	41871

(3) The person giving the aid or advice was specially	41872
qualified by training or experience to give the aid or advice;	41873

(4) Neither the person giving the aid or advice nor the	41874
public or private employer of the person giving the aid or advice	41875
was responsible for causing the release or threat of release nor	41876
would otherwise be liable for damages caused by the release;	41877

(5) The person giving the aid or advice did not engage in	41878
willful, wanton, or reckless misconduct or grossly negligent	41879
conduct in giving the aid or advice;	41880

(6) The person giving the aid or advice notified the	41881
emergency response section of the environmental protection agency	41882
prior to giving the aid or advice.	41883

(B) The immunity conferred by this section does not limit the	41884
liability of any person whose action caused or contributed to the	41885
release of hazardous material. That person is liable for any	41886
enhancement of damages caused by the person giving aid or advice	41887
under this section unless the enhancement of damages was caused by	41888
the willful, wanton, or reckless misconduct or grossly negligent	41889
conduct of the person giving aid or advice.	41890

(C) This section does not apply to any person rendering care,	41891
assistance, or advice in response to a discharge of oil when that	41892
person's immunity from liability is subject to determination under	41893
section 2305.39 of the Revised Code.	41894

(D) As used in this section:

41895

(1) "Hazardous material" means any material designated as	41896
such under the "Hazardous Materials Transportation Act," 88 Stat.	41897
2156 (1975), 49 U.S.C.A. 1803, as amended.	41898

(2) "Mutual aid group" means any group formed at the federal,	41899
state, regional, or local level whose members agree to respond to	41900
incidents involving hazardous material whether or not they	41901
shipped, transported, manufactured, or were at all connected with	41902
the hazardous material involved in a particular incident.	41903

(3) "Discharge" and "oil" have the same meanings as in	41904
section 2305.39 of the Revised Code.	41905

Sec. 2317.02. The following persons shall not testify in	41906
certain respects:	41907

(A)(1) An attorney, concerning a communication made to the	41908
attorney by a client in that relation or the attorney's advice to	41909
a client, except that the attorney may testify by express consent	41910
of the client or, if the client is deceased, by the express	41911
consent of the surviving spouse or the executor or administrator	41912
of the estate of the deceased client. However, if the client	41913
voluntarily testifies or is deemed by section 2151.421 of the	41914
Revised Code to have waived any testimonial privilege under this	41915
division, the attorney may be compelled to testify on the same	41916
subject.	41917

The testimonial privilege established under this division	41918
does not apply concerning a communication between a client who has	41919
since died and the deceased client's attorney if the communication	41920
is relevant to a dispute between parties who claim through that	41921
deceased client, regardless of whether the claims are by testate	41922
or intestate succession or by inter vivos transaction, and the	41923
dispute addresses the competency of the deceased client when the	41924
deceased client executed a document that is the basis of the	41925
dispute or whether the deceased client was a victim of fraud,	41926
undue influence, or duress when the deceased client executed a	41927
document that is the basis of the dispute.	41928

(2) An attorney, concerning a communication made to the	41929
attorney by a client in that relationship or the attorney's advice	41930
to a client, except that if the client is an insurance company,	41931
the attorney may be compelled to testify, subject to an in camera	41932
inspection by a court, about communications made by the client to	41933
the attorney or by the attorney to the client that are related to	41934
the attorney's aiding or furthering an ongoing or future	41935
commission of bad faith by the client, if the party seeking	41936
disclosure of the communications has made a prima facie showing of	41937
bad faith, fraud, or criminal misconduct by the client.	41938

(B)(1) A physician or a dentist concerning a communication	41939
made to the physician or dentist by a patient in that relation or	41940
the physician's or dentist's advice to a patient, except as	41941
otherwise provided in this division, division (B)(2), and division	41942
(B)(3) of this section, and except that, if the patient is deemed	41943
by section 2151.421 of the Revised Code to have waived any	41944
testimonial privilege under this division, the physician may be	41945
compelled to testify on the same subject.	41946

The testimonial privilege established under this division	41947
does not apply, and a physician or dentist may testify or may be	41948
compelled to testify, in any of the following circumstances:	41949

(a) In any civil action, in accordance with the discovery	41950
provisions of the Rules of Civil Procedure in connection with a	41951
civil action, or in connection with a claim under Chapter 4123. of	41952
the Revised Code, under any of the following circumstances:	41953

(i) If the patient or the guardian or other legal	41954
representative of the patient gives express consent;	41955

(ii) If the patient is deceased, the spouse of the patient or	41956
the executor or administrator of the patient's estate gives	41957
express consent;	41958

(iii) If a medical claim, dental claim, chiropractic claim,	41959
or optometric claim, as defined in section 2305.113 of the Revised	41960
Code, an action for wrongful death, any other type of civil	41961
action, or a claim under Chapter 4123. of the Revised Code is	41962
filed by the patient, the personal representative of the estate of	41963
the patient if deceased, or the patient's guardian or other legal	41964
representative.	41965

(b) In any civil action concerning court-ordered treatment or	41966
services received by a patient, if the court-ordered treatment or	41967
services were ordered as part of a case plan journalized under	41968
section 2151.412 of the Revised Code or the court-ordered	41969
treatment or services are necessary or relevant to dependency,	41970
neglect, or abuse or temporary or permanent custody proceedings	41971
under Chapter 2151. of the Revised Code.	41972

(c) In any criminal action concerning any test or the results	41973
of any test that determines the presence or concentration of	41974
alcohol, a drug of abuse, a combination of them, a controlled	41975
substance, or a metabolite of a controlled substance in the	41976
patient's whole blood, blood serum or plasma, breath, urine, or	41977
other bodily substance at any time relevant to the criminal	41978
offense in question.	41979

(d) In any criminal action against a physician or dentist. In	41980
such an action, the testimonial privilege established under this	41981
division does not prohibit the admission into evidence, in	41982
accordance with the Rules of Evidence, of a patient's medical or	41983
dental records or other communications between a patient and the	41984
physician or dentist that are related to the action and obtained	41985
by subpoena, search warrant, or other lawful means. A court that	41986
permits or compels a physician or dentist to testify in such an	41987
action or permits the introduction into evidence of patient	41988
records or other communications in such an action shall require	41989
that appropriate measures be taken to ensure that the	41990
confidentiality of any patient named or otherwise identified in	41991
the records is maintained. Measures to ensure confidentiality that	41992
may be taken by the court include sealing its records or deleting	41993
specific information from its records.	41994

(e)(i) If the communication was between a patient who has	41995
since died and the deceased patient's physician or dentist, the	41996
communication is relevant to a dispute between parties who claim	41997
through that deceased patient, regardless of whether the claims	41998
are by testate or intestate succession or by inter vivos	41999
transaction, and the dispute addresses the competency of the	42000
deceased patient when the deceased patient executed a document	42001
that is the basis of the dispute or whether the deceased patient	42002
was a victim of fraud, undue influence, or duress when the	42003
deceased patient executed a document that is the basis of the	42004
dispute.	42005

(ii) If neither the spouse of a patient nor the executor or	42006
administrator of that patient's estate gives consent under	42007
division (B)(1)(a)(ii) of this section, testimony or the	42008
disclosure of the patient's medical records by a physician,	42009
dentist, or other health care provider under division (B)(1)(e)(i)	42010
of this section is a permitted use or disclosure of protected	42011
health information, as defined in 45 C.F.R. 160.103, and an	42012
authorization or opportunity to be heard shall not be required.	42013

(iii) Division (B)(1)(e)(i) of this section does not require	42014
a mental health professional to disclose psychotherapy notes, as	42015
defined in 45 C.F.R. 164.501.	42016

(iv) An interested person who objects to testimony or	42017
disclosure under division (B)(1)(e)(i) of this section may seek a	42018
protective order pursuant to Civil Rule 26.	42019

(v) A person to whom protected health information is	42020
disclosed under division (B)(1)(e)(i) of this section shall not	42021
use or disclose the protected health information for any purpose	42022
other than the litigation or proceeding for which the information	42023
was requested and shall return the protected health information to	42024
the covered entity or destroy the protected health information,	42025
including all copies made, at the conclusion of the litigation or	42026
proceeding.	42027

(2)(a) If any law enforcement officer submits a written	42028
statement to a health care provider that states that an official	42029
criminal investigation has begun regarding a specified person or	42030
that a criminal action or proceeding has been commenced against a	42031
specified person, that requests the provider to supply to the	42032
officer copies of any records the provider possesses that pertain	42033
to any test or the results of any test administered to the	42034
specified person to determine the presence or concentration of	42035
alcohol, a drug of abuse, a combination of them, a controlled	42036
substance, or a metabolite of a controlled substance in the	42037
person's whole blood, blood serum or plasma, breath, or urine at	42038
any time relevant to the criminal offense in question, and that	42039
conforms to section 2317.022 of the Revised Code, the provider,	42040
except to the extent specifically prohibited by any law of this	42041
state or of the United States, shall supply to the officer a copy	42042
of any of the requested records the provider possesses. If the	42043
health care provider does not possess any of the requested	42044
records, the provider shall give the officer a written statement	42045
that indicates that the provider does not possess any of the	42046
requested records.	42047

(b) If a health care provider possesses any records of the	42048
type described in division (B)(2)(a) of this section regarding the	42049
person in question at any time relevant to the criminal offense in	42050
question, in lieu of personally testifying as to the results of	42051
the test in question, the custodian of the records may submit a	42052
certified copy of the records, and, upon its submission, the	42053
certified copy is qualified as authentic evidence and may be	42054
admitted as evidence in accordance with the Rules of Evidence.	42055
Division (A) of section 2317.422 of the Revised Code does not	42056
apply to any certified copy of records submitted in accordance	42057
with this division. Nothing in this division shall be construed to	42058
limit the right of any party to call as a witness the person who	42059
administered the test to which the records pertain, the person	42060
under whose supervision the test was administered, the custodian	42061
of the records, the person who made the records, or the person	42062
under whose supervision the records were made.	42063

(3)(a) If the testimonial privilege described in division	42064
(B)(1) of this section does not apply as provided in division	42065
(B)(1)(a)(iii) of this section, a physician or dentist may be	42066
compelled to testify or to submit to discovery under the Rules of	42067
Civil Procedure only as to a communication made to the physician	42068
or dentist by the patient in question in that relation, or the	42069
physician's or dentist's advice to the patient in question, that	42070
related causally or historically to physical or mental injuries	42071
that are relevant to issues in the medical claim, dental claim,	42072
chiropractic claim, or optometric claim, action for wrongful	42073
death, other civil action, or claim under Chapter 4123. of the	42074
Revised Code.	42075

(b) If the testimonial privilege described in division (B)(1)	42076
of this section does not apply to a physician or dentist as	42077
provided in division (B)(1)(c) of this section, the physician or	42078
dentist, in lieu of personally testifying as to the results of the	42079
test in question, may submit a certified copy of those results,	42080
and, upon its submission, the certified copy is qualified as	42081
authentic evidence and may be admitted as evidence in accordance	42082
with the Rules of Evidence. Division (A) of section 2317.422 of	42083
the Revised Code does not apply to any certified copy of results	42084
submitted in accordance with this division. Nothing in this	42085
division shall be construed to limit the right of any party to	42086
call as a witness the person who administered the test in	42087
question, the person under whose supervision the test was	42088
administered, the custodian of the results of the test, the person	42089
who compiled the results, or the person under whose supervision	42090
the results were compiled.	42091

(4) The testimonial privilege described in division (B)(1) of	42092
this section is not waived when a communication is made by a	42093
physician to a pharmacist or when there is communication between a	42094
patient and a pharmacist in furtherance of the physician-patient	42095
relation.	42096

(5)(a) As used in divisions (B)(1) to (4) of this section,	42097
"communication" means acquiring, recording, or transmitting any	42098
information, in any manner, concerning any facts, opinions, or	42099
statements necessary to enable a physician or dentist to diagnose,	42100
treat, prescribe, or act for a patient. A "communication" may	42101
include, but is not limited to, any medical or dental, office, or	42102
hospital communication such as a record, chart, letter,	42103
memorandum, laboratory test and results, x-ray, photograph,	42104
financial statement, diagnosis, or prognosis.	42105

(b) As used in division (B)(2) of this section, "health care	42106
provider" means a hospital, ambulatory care facility, long-term	42107
care facility, pharmacy, emergency facility, or health care	42108
practitioner.	42109

42110

(i) "Ambulatory care facility" means a facility that provides	42111
medical, diagnostic, or surgical treatment to patients who do not	42112
require hospitalization, including a dialysis center, ambulatory	42113
surgical facility, cardiac catheterization facility, diagnostic	42114
imaging center, extracorporeal shock wave lithotripsy center, home	42115
health agency, inpatient hospice, birthing center, radiation	42116
therapy center, emergency facility, and an urgent care center.	42117
"Ambulatory health care facility" does not include the private	42118
office of a physician or dentist, whether the office is for an	42119
individual or group practice.	42120

(ii) "Emergency facility" means a hospital emergency	42121
department or any other facility that provides emergency medical	42122
services.	42123

(iii) "Health care practitioner" has the same meaning as in	42124
section 4769.01 of the Revised Code.	42125

(iv) "Hospital" has the same meaning as in section 3727.01 of	42126
the Revised Code.	42127

(v) "Long-term care facility" means a nursing home,	42128
residential care facility, or home for the aging, as those terms	42129
are defined in section 3721.01 of the Revised Code; an adult care	42130
facility, as defined in section ~~3722.01~~5119.70 of the Revised	42131
Code; a nursing facility or intermediate care facility for the	42132
mentally retarded, as those terms are defined in section 5111.20	42133
of the Revised Code; a facility or portion of a facility certified	42134
as a skilled nursing facility under Title XVIII of the "Social	42135
Security Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	42136

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	42137
the Revised Code.	42138

(d) As used in divisions (B)(1) and (2) of this section,	42139
"drug of abuse" has the same meaning as in section 4506.01 of the	42140
Revised Code.	42141

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	42142
apply to doctors of medicine, doctors of osteopathic medicine,	42143
doctors of podiatry, and dentists.	42144

(7) Nothing in divisions (B)(1) to (6) of this section	42145
affects, or shall be construed as affecting, the immunity from	42146
civil liability conferred by section 307.628 of the Revised Code	42147
or the immunity from civil liability conferred by section 2305.33	42148
of the Revised Code upon physicians who report an employee's use	42149
of a drug of abuse, or a condition of an employee other than one	42150
involving the use of a drug of abuse, to the employer of the	42151
employee in accordance with division (B) of that section. As used	42152
in division (B)(7) of this section, "employee," "employer," and	42153
"physician" have the same meanings as in section 2305.33 of the	42154
Revised Code.	42155

(C)(1) A cleric, when the cleric remains accountable to the	42156
authority of that cleric's church, denomination, or sect,	42157
concerning a confession made, or any information confidentially	42158
communicated, to the cleric for a religious counseling purpose in	42159
the cleric's professional character. The cleric may testify by	42160
express consent of the person making the communication, except	42161
when the disclosure of the information is in violation of a sacred	42162
trust and except that, if the person voluntarily testifies or is	42163
deemed by division (A)(4)(c) of section 2151.421 of the Revised	42164
Code to have waived any testimonial privilege under this division,	42165
the cleric may be compelled to testify on the same subject except	42166
when disclosure of the information is in violation of a sacred	42167
trust.	42168

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

42169

(a) "Cleric" means a member of the clergy, rabbi, priest,	42170
Christian Science practitioner, or regularly ordained, accredited,	42171
or licensed minister of an established and legally cognizable	42172
church, denomination, or sect.	42173

(b) "Sacred trust" means a confession or confidential	42174
communication made to a cleric in the cleric's ecclesiastical	42175
capacity in the course of discipline enjoined by the church to	42176
which the cleric belongs, including, but not limited to, the	42177
Catholic Church, if both of the following apply:	42178

(i) The confession or confidential communication was made	42179
directly to the cleric.	42180

(ii) The confession or confidential communication was made in	42181
the manner and context that places the cleric specifically and	42182
strictly under a level of confidentiality that is considered	42183
inviolate by canon law or church doctrine.	42184

(D) Husband or wife, concerning any communication made by one	42185
to the other, or an act done by either in the presence of the	42186
other, during coverture, unless the communication was made, or act	42187
done, in the known presence or hearing of a third person competent	42188
to be a witness; and such rule is the same if the marital relation	42189
has ceased to exist;	42190

(E) A person who assigns a claim or interest, concerning any	42191
matter in respect to which the person would not, if a party, be	42192
permitted to testify;	42193

(F) A person who, if a party, would be restricted under	42194
section 2317.03 of the Revised Code, when the property or thing is	42195
sold or transferred by an executor, administrator, guardian,	42196
trustee, heir, devisee, or legatee, shall be restricted in the	42197
same manner in any action or proceeding concerning the property or	42198
thing.	42199

(G)(1) A school guidance counselor who holds a valid educator	42200
license from the state board of education as provided for in	42201
section 3319.22 of the Revised Code, a person licensed under	42202
Chapter 4757. of the Revised Code as a professional clinical	42203
counselor, professional counselor, social worker, independent	42204
social worker, marriage and family therapist or independent	42205
marriage and family therapist, or registered under Chapter 4757.	42206
of the Revised Code as a social work assistant concerning a	42207
confidential communication received from a client in that relation	42208
or the person's advice to a client unless any of the following	42209
applies:	42210

(a) The communication or advice indicates clear and present	42211
danger to the client or other persons. For the purposes of this	42212
division, cases in which there are indications of present or past	42213
child abuse or neglect of the client constitute a clear and	42214
present danger.	42215

(b) The client gives express consent to the testimony.

42216

(c) If the client is deceased, the surviving spouse or the	42217
executor or administrator of the estate of the deceased client	42218
gives express consent.	42219

(d) The client voluntarily testifies, in which case the	42220
school guidance counselor or person licensed or registered under	42221
Chapter 4757. of the Revised Code may be compelled to testify on	42222
the same subject.	42223

(e) The court in camera determines that the information	42224
communicated by the client is not germane to the counselor-client,	42225
marriage and family therapist-client, or social worker-client	42226
relationship.	42227

(f) A court, in an action brought against a school, its	42228
administration, or any of its personnel by the client, rules after	42229
an in-camera inspection that the testimony of the school guidance	42230
counselor is relevant to that action.	42231

(g) The testimony is sought in a civil action and concerns	42232
court-ordered treatment or services received by a patient as part	42233
of a case plan journalized under section 2151.412 of the Revised	42234
Code or the court-ordered treatment or services are necessary or	42235
relevant to dependency, neglect, or abuse or temporary or	42236
permanent custody proceedings under Chapter 2151. of the Revised	42237
Code.	42238

(2) Nothing in division (G)(1) of this section shall relieve	42239
a school guidance counselor or a person licensed or registered	42240
under Chapter 4757. of the Revised Code from the requirement to	42241
report information concerning child abuse or neglect under section	42242
2151.421 of the Revised Code.	42243

(H) A mediator acting under a mediation order issued under	42244
division (A) of section 3109.052 of the Revised Code or otherwise	42245
issued in any proceeding for divorce, dissolution, legal	42246
separation, annulment, or the allocation of parental rights and	42247
responsibilities for the care of children, in any action or	42248
proceeding, other than a criminal, delinquency, child abuse, child	42249
neglect, or dependent child action or proceeding, that is brought	42250
by or against either parent who takes part in mediation in	42251
accordance with the order and that pertains to the mediation	42252
process, to any information discussed or presented in the	42253
mediation process, to the allocation of parental rights and	42254
responsibilities for the care of the parents' children, or to the	42255
awarding of parenting time rights in relation to their children;	42256

(I) A communications assistant, acting within the scope of	42257
the communication assistant's authority, when providing	42258
telecommunications relay service pursuant to section 4931.06 of	42259
the Revised Code or Title II of the "Communications Act of 1934,"	42260
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	42261
made through a telecommunications relay service. Nothing in this	42262
section shall limit the obligation of a communications assistant	42263
to divulge information or testify when mandated by federal law or	42264
regulation or pursuant to subpoena in a criminal proceeding.	42265

Nothing in this section shall limit any immunity or privilege	42266
granted under federal law or regulation.	42267

(J)(1) A chiropractor in a civil proceeding concerning a	42268
communication made to the chiropractor by a patient in that	42269
relation or the chiropractor's advice to a patient, except as	42270
otherwise provided in this division. The testimonial privilege	42271
established under this division does not apply, and a chiropractor	42272
may testify or may be compelled to testify, in any civil action,	42273
in accordance with the discovery provisions of the Rules of Civil	42274
Procedure in connection with a civil action, or in connection with	42275
a claim under Chapter 4123. of the Revised Code, under any of the	42276
following circumstances:	42277

(a) If the patient or the guardian or other legal	42278
representative of the patient gives express consent.	42279

(b) If the patient is deceased, the spouse of the patient or	42280
the executor or administrator of the patient's estate gives	42281
express consent.	42282

(c) If a medical claim, dental claim, chiropractic claim, or	42283
optometric claim, as defined in section 2305.113 of the Revised	42284
Code, an action for wrongful death, any other type of civil	42285
action, or a claim under Chapter 4123. of the Revised Code is	42286
filed by the patient, the personal representative of the estate of	42287
the patient if deceased, or the patient's guardian or other legal	42288
representative.	42289

(2) If the testimonial privilege described in division (J)(1)	42290
of this section does not apply as provided in division (J)(1)(c)	42291
of this section, a chiropractor may be compelled to testify or to	42292
submit to discovery under the Rules of Civil Procedure only as to	42293
a communication made to the chiropractor by the patient in	42294
question in that relation, or the chiropractor's advice to the	42295
patient in question, that related causally or historically to	42296
physical or mental injuries that are relevant to issues in the	42297
medical claim, dental claim, chiropractic claim, or optometric	42298
claim, action for wrongful death, other civil action, or claim	42299
under Chapter 4123. of the Revised Code.	42300

(3) The testimonial privilege established under this division	42301
does not apply, and a chiropractor may testify or be compelled to	42302
testify, in any criminal action or administrative proceeding.	42303

(4) As used in this division, "communication" means	42304
acquiring, recording, or transmitting any information, in any	42305
manner, concerning any facts, opinions, or statements necessary to	42306
enable a chiropractor to diagnose, treat, or act for a patient. A	42307
communication may include, but is not limited to, any	42308
chiropractic, office, or hospital communication such as a record,	42309
chart, letter, memorandum, laboratory test and results, x-ray,	42310
photograph, financial statement, diagnosis, or prognosis.	42311

(K)(1) Except as provided under division (K)(2) of this	42312
section, a critical incident stress management team member	42313
concerning a communication received from an individual who	42314
receives crisis response services from the team member, or the	42315
team member's advice to the individual, during a debriefing	42316
session.	42317

(2) The testimonial privilege established under division	42318
(K)(1) of this section does not apply if any of the following are	42319
true:	42320

(a) The communication or advice indicates clear and present	42321
danger to the individual who receives crisis response services or	42322
to other persons. For purposes of this division, cases in which	42323
there are indications of present or past child abuse or neglect of	42324
the individual constitute a clear and present danger.	42325

(b) The individual who received crisis response services	42326
gives express consent to the testimony.	42327

(c) If the individual who received crisis response services	42328
is deceased, the surviving spouse or the executor or administrator	42329
of the estate of the deceased individual gives express consent.	42330

(d) The individual who received crisis response services	42331
voluntarily testifies, in which case the team member may be	42332
compelled to testify on the same subject.	42333

(e) The court in camera determines that the information	42334
communicated by the individual who received crisis response	42335
services is not germane to the relationship between the individual	42336
and the team member.	42337

(f) The communication or advice pertains or is related to any	42338
criminal act.	42339

(3) As used in division (K) of this section:

42340

(a) "Crisis response services" means consultation, risk	42341
assessment, referral, and on-site crisis intervention services	42342
provided by a critical incident stress management team to	42343
individuals affected by crisis or disaster.	42344

(b) "Critical incident stress management team member" or	42345
"team member" means an individual specially trained to provide	42346
crisis response services as a member of an organized community or	42347
local crisis response team that holds membership in the Ohio	42348
critical incident stress management network.	42349

(c) "Debriefing session" means a session at which crisis	42350
response services are rendered by a critical incident stress	42351
management team member during or after a crisis or disaster.	42352

(L)(1) Subject to division (L)(2) of this section and except	42353
as provided in division (L)(3) of this section, an employee	42354
assistance professional, concerning a communication made to the	42355
employee assistance professional by a client in the employee	42356
assistance professional's official capacity as an employee	42357
assistance professional.	42358

(2) Division (L)(1) of this section applies to an employee	42359
assistance professional who meets either or both of the following	42360
requirements:	42361

(a) Is certified by the employee assistance certification	42362
commission to engage in the employee assistance profession;	42363

(b) Has education, training, and experience in all of the	42364
following:	42365

(i) Providing workplace-based services designed to address	42366
employer and employee productivity issues;	42367

(ii) Providing assistance to employees and employees'	42368
dependents in identifying and finding the means to resolve	42369
personal problems that affect the employees or the employees'	42370
performance;	42371

(iii) Identifying and resolving productivity problems	42372
associated with an employee's concerns about any of the following	42373
matters: health, marriage, family, finances, substance abuse or	42374
other addiction, workplace, law, and emotional issues;	42375

(iv) Selecting and evaluating available community resources;

42376

(v) Making appropriate referrals;

42377

(vi) Local and national employee assistance agreements;

42378

(vii) Client confidentiality.

42379

(3) Division (L)(1) of this section does not apply to any of	42380
the following:	42381

(a) A criminal action or proceeding involving an offense	42382
under sections 2903.01 to 2903.06 of the Revised Code if the	42383
employee assistance professional's disclosure or testimony relates	42384
directly to the facts or immediate circumstances of the offense;	42385

(b) A communication made by a client to an employee	42386
assistance professional that reveals the contemplation or	42387
commission of a crime or serious, harmful act;	42388

(c) A communication that is made by a client who is an	42389
unemancipated minor or an adult adjudicated to be incompetent and	42390
indicates that the client was the victim of a crime or abuse;	42391

(d) A civil proceeding to determine an individual's mental	42392
competency or a criminal action in which a plea of not guilty by	42393
reason of insanity is entered;	42394

(e) A civil or criminal malpractice action brought against	42395
the employee assistance professional;	42396

(f) When the employee assistance professional has the express	42397
consent of the client or, if the client is deceased or disabled,	42398
the client's legal representative;	42399

(g) When the testimonial privilege otherwise provided by	42400
division (L)(1) of this section is abrogated under law.	42401

Sec. 2317.422. (A) Notwithstanding sections 2317.40 and	42402
2317.41 of the Revised Code but subject to division (B) of this	42403
section, the records, or copies or photographs of the records, of	42404
a hospital, homes required to be licensed pursuant to section	42405
3721.01 of the Revised Code, and adult care facilities required to	42406
be licensed pursuant to Chapter ~~3722.~~5119. of the Revised Code,	42407
in lieu of the testimony in open court of their custodian, person	42408
who made them, or person under whose supervision they were made,	42409
may be qualified as authentic evidence if any such person endorses	42410
thereon the person's verified certification identifying such	42411
records, giving the mode and time of their preparation, and	42412
stating that they were prepared in the usual course of the	42413
business of the institution. Such records, copies, or photographs	42414
may not be qualified by certification as provided in this section	42415
unless the party intending to offer them delivers a copy of them,	42416
or of their relevant portions, to the attorney of record for each	42417
adverse party not less than five days before trial. Nothing in	42418
this section shall be construed to limit the right of any party to	42419
call the custodian, person who made such records, or person under	42420
whose supervision they were made, as a witness.	42421

(B) Division (A) of this section does not apply to any	42422
certified copy of the results of any test given to determine the	42423
presence or concentration of alcohol, a drug of abuse, a	42424
combination of them, a controlled substance, or a metabolite of a	42425
controlled substance in a patient's whole blood, blood serum or	42426
plasma, breath, or urine at any time relevant to a criminal	42427
offense that is submitted in a criminal action or proceeding in	42428
accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02	42429
of the Revised Code.	42430

Sec. 2329.26. (A) Lands and tenements taken in execution	42431
shall not be sold until all of the following occur:	42432

(1)(a) Except as otherwise provided in division (A)(1)(b) of	42433
this section, the judgment creditor who seeks the sale of the	42434
lands and tenements or the judgment creditor's attorney does both	42435
of the following:	42436

(i) Causes a written notice of the date, time, and place of	42437
the sale to be served in accordance with divisions (A) and (B) of	42438
Civil Rule 5 upon the judgment debtor and upon each other party to	42439
the action in which the judgment giving rise to the execution was	42440
rendered;	42441

(ii) At least seven calendar days prior to the date of the	42442
sale, files with the clerk of the court that rendered the judgment	42443
giving rise to the execution a copy of the written notice	42444
described in division (A)(1)(a)(i) of this section with proof of	42445
service endorsed on the copy in the form described in division (D)	42446
of Civil Rule 5.	42447

(b) Service of the written notice described in division	42448
(A)(1)(a)(i) of this section is not required to be made upon any	42449
party who is in default for failure to appear in the action in	42450
which the judgment giving rise to the execution was rendered.	42451

(2) The officer taking the lands and tenements gives public	42452
notice of the date, time, and place of the sale once a week for at	42453
least three consecutive weeks before the day of sale by	42454
advertisement in a newspaper ~~published in and~~ of general	42455
circulation in the county. The newspaper shall meet the	42456
requirements of section 7.12 of the Revised Code. The court	42457
ordering the sale may designate in the order of sale the newspaper	42458
in which this public notice shall be published~~, and this public~~	42459
~~notice is subject to division (A) of section 2329.27 of the~~	42460
~~Revised Code~~.	42461

(3) The officer taking the lands and tenements shall collect	42462
the purchaser's information required by section 2329.271 of the	42463
Revised Code.	42464

(B) A sale of lands and tenements taken in execution may be	42465
set aside in accordance with division (A) or (B) of section	42466
2329.27 of the Revised Code.	42467

Sec. 2335.05. In all cases or proceedings not specified in	42468
sections 2335.06 and 2335.08 of the Revised Code, except as	42469
otherwise provided in section 2335.061 of the Revised Code, each	42470
person subpoenaed as a witness shall be allowed one dollar for	42471
each day's attendance and the mileage allowed in courts of record.	42472
~~When~~If not subpoenaed each person called upon to testify in a	42473
case or proceeding shall receive twenty-five cents. Such fee shall	42474
be taxed in the bill of costs, and if incurred in a state or	42475
ordinance case, or in a proceeding before a public officer, board,	42476
or commission, the fee shall be paid out of the proper public	42477
treasury, upon the certificate of the court, officer, board, or	42478
commission conducting the proceeding.	42479

Sec. 2335.06. ~~Each~~(A) Except as otherwise provided in	42480
section 2335.061 of the Revised Code, each witness in civil cases	42481
shall receive the following fees:	42482

~~(A)~~(1) Twelve dollars for each full day's attendance and six	42483
dollars for each half day's attendance at a court of record,	42484
mayor's court, or before a person authorized to take depositions,	42485
to be taxed in the bill of costs. Each witness shall also receive	42486
reimbursement for each mile necessarily traveled to and from the	42487
witness's place of residence to the place of giving testimony, to	42488
be taxed in the bill of costs. The board of county commissioners	42489
of each county shall set the reimbursement rate for each mile	42490
necessarily traveled by a witness in a civil case in the common	42491
pleas court, any division of the common pleas court, a county	42492
court, or a county-operated municipal court. The rate shall not	42493
exceed fifty and one-half cents for each mile.	42494

~~(B)~~(2) For attending a coroner's inquest, the same fees and	42495
mileage provided by division (A)(1) of this section, payable from	42496
the county treasury on the certificate of the coroner.	42497

~~(C)~~(B) As used in this section, "full day's attendance" means	42498
a day on which a witness is required or requested to be present at	42499
proceedings before and after twelve noon regardless of whether the	42500
witness actually testifies; "half day's attendance" means a day on	42501
which a witness is required or requested to be present at	42502
proceedings either before or after twelve noon, but not both,	42503
regardless of whether the witness actually testifies.	42504

Sec. 2335.061. (A) As used in this section:

42505

(1) "Coroner" has the same meaning as in section 313.01 of	42506
the Revised Code, and includes the following:	42507

(a) The coroner of a county other than a county in which the	42508
death occurred or the dead human body was found if the coroner of	42509
that other county performed services for the county in which the	42510
death occurred or the dead human body was found;	42511

(b) A medical examiner appointed by the governing authority	42512
of a county to perform the duties of a coroner set forth in	42513
Chapter 313. of the Revised Code.	42514

(2) "Deposition fee" means the amount derived by multiplying	42515
the hourly rate by the number of hours a coroner or deputy coroner	42516
spent preparing for and giving expert testimony at a deposition in	42517
a civil action pursuant to this section.	42518

(3) "Deputy coroner" means a pathologist serving as a deputy	42519
coroner.	42520

(4) "Expert testimony" means testimony given by a coroner or	42521
deputy coroner as an expert witness pursuant to this section and	42522
the Rules of Evidence.	42523

(5) "Fact testimony" means testimony given by a coroner or	42524
deputy coroner regarding the performance of the duties of the	42525
coroner as set forth in Chapter 313. of the Revised Code. "Fact	42526
testimony" does not include expert testimony.	42527

(6) "Hourly rate" means the compensation established in	42528
sections 325.15 and 325.18 of the Revised Code for a coroner	42529
without a private practice of medicine at the class 8 level for	42530
calendar year 2001 and thereafter, divided by two thousand eighty.	42531

(7) "Testimonial fee" means the amount derived by multiplying	42532
the hourly rate by six and multiplying the product by the number	42533
of hours that a coroner or deputy coroner spent preparing for and	42534
giving expert testimony at a trial or hearing in a civil action	42535
pursuant to this section.	42536

(B)(1) A party may subpoena a coroner or deputy coroner to	42537
give expert testimony at a trial, hearing, or deposition in a	42538
civil action only upon filing with the court a notice that	42539
includes all of the following:	42540

(a) The name of the coroner or deputy coroner whose testimony	42541
is sought;	42542

(b) A brief statement of the issues upon which the party	42543
seeks expert testimony from the coroner or deputy coroner;	42544

(c) An acknowledgment by the party that the giving of expert	42545
testimony by the coroner or deputy coroner at the trial, hearing,	42546
or deposition is governed by this section and that the party will	42547
comply with all of the requirements of this section;	42548

(d) A statement of the obligations of the coroner or deputy	42549
coroner under division (C) of this section.	42550

(2) The notice under division (B)(1) of this section shall be	42551
served together with the subpoena.	42552

(C) A party that obtains the expert testimony of a coroner or	42553
deputy coroner at a trial, hearing, or deposition in a civil	42554
action pursuant to division (B) or (D) of this section shall pay	42555
to the treasury of the county in which the coroner or deputy	42556
coroner holds office or is appointed or employed a testimonial fee	42557
or deposition fee, whichever is applicable, within thirty days	42558
after receiving the statement described in this division. Upon the	42559
conclusion of the coroner's or deputy coroner's expert testimony,	42560
the coroner or deputy coroner shall file a statement with the	42561
court on behalf of the county in which the coroner or deputy	42562
coroner holds office or is appointed or employed showing the fee	42563
due and how the coroner or deputy coroner calculated the fee. The	42564
coroner or deputy coroner shall serve a copy of the statement on	42565
each of the parties.	42566

(D) For good cause shown, the court may permit a coroner or	42567
deputy coroner who has not been served with a subpoena under	42568
division (B) of this section to give expert testimony at a trial,	42569
hearing, or deposition in a civil action. Unless good cause is	42570
shown, the failure of a party to file with the court the notice	42571
described in division (B)(1) of this section prohibits the party	42572
from having a coroner or deputy coroner subpoenaed to give expert	42573
testimony at a trial, hearing, or deposition in a civil action or	42574
from otherwise calling the coroner or a deputy coroner to give	42575
expert testimony at a trial, hearing, or deposition in a civil	42576
action.	42577

(E) In the event of a dispute as to the contents of the	42578
notice filed by a party under division (B) of this section or as	42579
to the nature of the testimony sought from or given by a coroner	42580
or a deputy coroner at a trial, hearing, or deposition in a civil	42581
action, the court shall determine whether the testimony sought	42582
from or given by the coroner or deputy coroner is expert testimony	42583
or fact testimony. In making this determination, the court shall	42584
consider all of the following:	42585

(1) The definitions of "expert testimony" and "fact	42586
testimony" set forth in this section;	42587

(2) All applicable rules of evidence;

42588

(3) Any other information that the court considers relevant.

42589

(F) Nothing in this section shall be construed to alter,	42590
amend, or supersede the requirements of the Rules of Civil	42591
Procedure or the Rules of Evidence.	42592

Sec. 2501.02. Each judge of a court of appeals shall have	42593
been admitted to practice as an attorney at law in this state and	42594
have, for a total of six years preceding the judge's appointment	42595
or commencement of the judge's term, engaged in the practice of	42596
law ~~in this state~~ or served as a judge of a court of record in any	42597
jurisdiction in the United States, or both. At least two of the	42598
years of practice or service that qualify a judge shall have been	42599
in this state. One judge shall be chosen in each court of appeals	42600
district every two years, and shall hold office for six years,	42601
beginning on the ninth day of February next after the judge's	42602
election.	42603

In addition to the original jurisdiction conferred by Section	42604
3 of Article IV, Ohio Constitution, the court shall have	42605
jurisdiction upon an appeal upon questions of law to review,	42606
affirm, modify, set aside, or reverse judgments or final orders of	42607
courts of record inferior to the court of appeals within the	42608
district, including the finding, order, or judgment of a juvenile	42609
court that a child is delinquent, neglected, abused, or dependent,	42610
for prejudicial error committed by such lower court.	42611

The court, on good cause shown, may issue writs of	42612
supersedeas in any case, and all other writs, not specially	42613
provided for or prohibited by statute, necessary to enforce the	42614
administration of justice.	42615

Sec. 2503.01. The supreme court shall consist of a chief	42616
justice and six justices, each of whom has been admitted to	42617
practice as an attorney at law in this state and has, for a total	42618
of at least six years preceding ~~his~~ appointment or commencement of	42619
~~his~~the justice's term, engaged in the practice of law ~~in this~~	42620
~~state~~ or served as a judge of a court of record in any	42621
jurisdiction of the United States, or both. At least two of the	42622
years of practice or service that qualify a justice shall have	42623
been in this state.	42624

Sec. 2744.05. Notwithstanding any other provisions of the	42625
Revised Code or rules of a court to the contrary, in an action	42626
against a political subdivision to recover damages for injury,	42627
death, or loss to person or property caused by an act or omission	42628
in connection with a governmental or proprietary function:	42629

(A) Punitive or exemplary damages shall not be awarded.

42630

(B)(1) If a claimant receives or is entitled to receive	42631
benefits for injuries or loss allegedly incurred from a policy or	42632
policies of insurance or any other source, the benefits shall be	42633
disclosed to the court, and the amount of the benefits shall be	42634
deducted from any award against a political subdivision recovered	42635
by that claimant. No insurer or other person is entitled to bring	42636
an action under a subrogation provision in an insurance or other	42637
contract against a political subdivision with respect to those	42638
benefits.	42639

The amount of the benefits shall be deducted from an award	42640
against a political subdivision under division (B)(1) of this	42641
section regardless of whether the claimant may be under an	42642
obligation to pay back the benefits upon recovery, in whole or in	42643
part, for the claim. A claimant whose benefits have been deducted	42644
from an award under division (B)(1) of this section is not	42645
considered fully compensated and shall not be required to	42646
reimburse a subrogated claim for benefits deducted from an award	42647
pursuant to division (B)(1) of this section.	42648

(2) Nothing in division (B)(1) of this section shall be	42649
construed to do either of the following:	42650

(a) Limit the rights of a beneficiary under a life insurance	42651
policy or the rights of sureties under fidelity or surety bonds;	42652

(b) Prohibit the department of job and family services from	42653
recovering from the political subdivision, pursuant to section	42654
5101.58 of the Revised Code, the cost of medical assistance	42655
benefits provided under ~~sections 5101.5211 to 5101.5216 or~~ Chapter	42656
5107., or 5111. of the Revised Code.	42657

(C)(1) There shall not be any limitation on compensatory	42658
damages that represent the actual loss of the person who is	42659
awarded the damages. However, except in wrongful death actions	42660
brought pursuant to Chapter 2125. of the Revised Code, damages	42661
that arise from the same cause of action, transaction or	42662
occurrence, or series of transactions or occurrences and that do	42663
not represent the actual loss of the person who is awarded the	42664
damages shall not exceed two hundred fifty thousand dollars in	42665
favor of any one person. The limitation on damages that do not	42666
represent the actual loss of the person who is awarded the damages	42667
provided in this division does not apply to court costs that are	42668
awarded to a plaintiff, or to interest on a judgment rendered in	42669
favor of a plaintiff, in an action against a political	42670
subdivision.	42671

(2) As used in this division, "the actual loss of the person	42672
who is awarded the damages" includes all of the following:	42673

(a) All wages, salaries, or other compensation lost by the	42674
person injured as a result of the injury, including wages,	42675
salaries, or other compensation lost as of the date of a judgment	42676
and future expected lost earnings of the person injured;	42677

(b) All expenditures of the person injured or another person	42678
on behalf of the person injured for medical care or treatment, for	42679
rehabilitation services, or for other care, treatment, services,	42680
products, or accommodations that were necessary because of the	42681
injury;	42682

(c) All expenditures to be incurred in the future, as	42683
determined by the court, by the person injured or another person	42684
on behalf of the person injured for medical care or treatment, for	42685
rehabilitation services, or for other care, treatment, services,	42686
products, or accommodations that will be necessary because of the	42687
injury;	42688

(d) All expenditures of a person whose property was injured	42689
or destroyed or of another person on behalf of the person whose	42690
property was injured or destroyed in order to repair or replace	42691
the property that was injured or destroyed;	42692

(e) All expenditures of the person injured or of the person	42693
whose property was injured or destroyed or of another person on	42694
behalf of the person injured or of the person whose property was	42695
injured or destroyed in relation to the actual preparation or	42696
presentation of the claim involved;	42697

(f) Any other expenditures of the person injured or of the	42698
person whose property was injured or destroyed or of another	42699
person on behalf of the person injured or of the person whose	42700
property was injured or destroyed that the court determines	42701
represent an actual loss experienced because of the personal or	42702
property injury or property loss.	42703

"The actual loss of the person who is awarded the damages"	42704
does not include any fees paid or owed to an attorney for any	42705
services rendered in relation to a personal or property injury or	42706
property loss, and does not include any damages awarded for pain	42707
and suffering, for the loss of society, consortium, companionship,	42708
care, assistance, attention, protection, advice, guidance,	42709
counsel, instruction, training, or education of the person	42710
injured, for mental anguish, or for any other intangible loss.	42711

Sec. 2901.01. (A) As used in the Revised Code:

42712

(1) "Force" means any violence, compulsion, or constraint	42713
physically exerted by any means upon or against a person or thing.	42714

(2) "Deadly force" means any force that carries a substantial	42715
risk that it will proximately result in the death of any person.	42716

(3) "Physical harm to persons" means any injury, illness, or	42717
other physiological impairment, regardless of its gravity or	42718
duration.	42719

(4) "Physical harm to property" means any tangible or	42720
intangible damage to property that, in any degree, results in loss	42721
to its value or interferes with its use or enjoyment. "Physical	42722
harm to property" does not include wear and tear occasioned by	42723
normal use.	42724

(5) "Serious physical harm to persons" means any of the	42725
following:	42726

(a) Any mental illness or condition of such gravity as would	42727
normally require hospitalization or prolonged psychiatric	42728
treatment;	42729

(b) Any physical harm that carries a substantial risk of	42730
death;	42731

(c) Any physical harm that involves some permanent	42732
incapacity, whether partial or total, or that involves some	42733
temporary, substantial incapacity;	42734

(d) Any physical harm that involves some permanent	42735
disfigurement or that involves some temporary, serious	42736
disfigurement;	42737

(e) Any physical harm that involves acute pain of such	42738
duration as to result in substantial suffering or that involves	42739
any degree of prolonged or intractable pain.	42740

(6) "Serious physical harm to property" means any physical	42741
harm to property that does either of the following:	42742

(a) Results in substantial loss to the value of the property	42743
or requires a substantial amount of time, effort, or money to	42744
repair or replace;	42745

(b) Temporarily prevents the use or enjoyment of the property	42746
or substantially interferes with its use or enjoyment for an	42747
extended period of time.	42748

(7) "Risk" means a significant possibility, as contrasted	42749
with a remote possibility, that a certain result may occur or that	42750
certain circumstances may exist.	42751

(8) "Substantial risk" means a strong possibility, as	42752
contrasted with a remote or significant possibility, that a	42753
certain result may occur or that certain circumstances may exist.	42754

(9) "Offense of violence" means any of the following:

42755

(a) A violation of section 2903.01, 2903.02, 2903.03,	42756
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,	42757
2903.22, 2905.01, 2905.02, 2905.11, 2905.32, 2907.02, 2907.03,	42758
2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11,	42759
2917.01, 2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04,	42760
2921.34, or 2923.161, of division (A)(1), (2), or (3) of section	42761
2911.12, or of division (B)(1), (2), (3), or (4) of section	42762
2919.22 of the Revised Code or felonious sexual penetration in	42763
violation of former section 2907.12 of the Revised Code;	42764

(b) A violation of an existing or former municipal ordinance	42765
or law of this or any other state or the United States,	42766
substantially equivalent to any section, division, or offense	42767
listed in division (A)(9)(a) of this section;	42768

(c) An offense, other than a traffic offense, under an	42769
existing or former municipal ordinance or law of this or any other	42770
state or the United States, committed purposely or knowingly, and	42771
involving physical harm to persons or a risk of serious physical	42772
harm to persons;	42773

(d) A conspiracy or attempt to commit, or complicity in	42774
committing, any offense under division (A)(9)(a), (b), or (c) of	42775
this section.	42776

(10)(a) "Property" means any property, real or personal,	42777
tangible or intangible, and any interest or license in that	42778
property. "Property" includes, but is not limited to, cable	42779
television service, other telecommunications service,	42780
telecommunications devices, information service, computers, data,	42781
computer software, financial instruments associated with	42782
computers, other documents associated with computers, or copies of	42783
the documents, whether in machine or human readable form, trade	42784
secrets, trademarks, copyrights, patents, and property protected	42785
by a trademark, copyright, or patent. "Financial instruments	42786
associated with computers" include, but are not limited to,	42787
checks, drafts, warrants, money orders, notes of indebtedness,	42788
certificates of deposit, letters of credit, bills of credit or	42789
debit cards, financial transaction authorization mechanisms,	42790
marketable securities, or any computer system representations of	42791
any of them.	42792

(b) As used in division (A)(10) of this section, "trade	42793
secret" has the same meaning as in section 1333.61 of the Revised	42794
Code, and "telecommunications service" and "information service"	42795
have the same meanings as in section 2913.01 of the Revised Code.	42796

(c) As used in divisions (A)(10) and (13) of this section,	42797
"cable television service," "computer," "computer software,"	42798
"computer system," "computer network," "data," and	42799
"telecommunications device" have the same meanings as in section	42800
2913.01 of the Revised Code.	42801

(11) "Law enforcement officer" means any of the following:

42802

(a) A sheriff, deputy sheriff, constable, police officer of a	42803
township or joint ~~township~~ police district, marshal, deputy	42804
marshal, municipal police officer, member of a police force	42805
employed by a metropolitan housing authority under division (D) of	42806
section 3735.31 of the Revised Code, or state highway patrol	42807
trooper;	42808

(b) An officer, agent, or employee of the state or any of its	42809
agencies, instrumentalities, or political subdivisions, upon whom,	42810
by statute, a duty to conserve the peace or to enforce all or	42811
certain laws is imposed and the authority to arrest violators is	42812
conferred, within the limits of that statutory duty and authority;	42813

(c) A mayor, in the mayor's capacity as chief conservator of	42814
the peace within the mayor's municipal corporation;	42815

(d) A member of an auxiliary police force organized by	42816
county, township, or municipal law enforcement authorities, within	42817
the scope of the member's appointment or commission;	42818

(e) A person lawfully called pursuant to section 311.07 of	42819
the Revised Code to aid a sheriff in keeping the peace, for the	42820
purposes and during the time when the person is called;	42821

(f) A person appointed by a mayor pursuant to section 737.01	42822
of the Revised Code as a special patrolling officer during riot or	42823
emergency, for the purposes and during the time when the person is	42824
appointed;	42825

(g) A member of the organized militia of this state or the	42826
armed forces of the United States, lawfully called to duty to aid	42827
civil authorities in keeping the peace or protect against domestic	42828
violence;	42829

(h) A prosecuting attorney, assistant prosecuting attorney,	42830
secret service officer, or municipal prosecutor;	42831

(i) A veterans' home police officer appointed under section	42832
5907.02 of the Revised Code;	42833

(j) A member of a police force employed by a regional transit	42834
authority under division (Y) of section 306.35 of the Revised	42835
Code;	42836

(k) A special police officer employed by a port authority	42837
under section 4582.04 or 4582.28 of the Revised Code;	42838

(l) The house of representatives sergeant at arms if the	42839
house of representatives sergeant at arms has arrest authority	42840
pursuant to division (E)(1) of section 101.311 of the Revised Code	42841
and an assistant house of representatives sergeant at arms;	42842

(m) A special police officer employed by a municipal	42843
corporation at a municipal airport, or other municipal air	42844
navigation facility, that has scheduled operations, as defined in	42845
section 119.3 of Title 14 of the Code of Federal Regulations, 14	42846
C.F.R. 119.3, as amended, and that is required to be under a	42847
security program and is governed by aviation security rules of the	42848
transportation security administration of the United States	42849
department of transportation as provided in Parts 1542. and 1544.	42850
of Title 49 of the Code of Federal Regulations, as amended.	42851

(12) "Privilege" means an immunity, license, or right	42852
conferred by law, bestowed by express or implied grant, arising	42853
out of status, position, office, or relationship, or growing out	42854
of necessity.	42855

(13) "Contraband" means any property that is illegal for a	42856
person to acquire or possess under a statute, ordinance, or rule,	42857
or that a trier of fact lawfully determines to be illegal to	42858
possess by reason of the property's involvement in an offense.	42859
"Contraband" includes, but is not limited to, all of the	42860
following:	42861

(a) Any controlled substance, as defined in section 3719.01	42862
of the Revised Code, or any device or paraphernalia;	42863

(b) Any unlawful gambling device or paraphernalia;

42864

42865

(14) A person is "not guilty by reason of insanity" relative	42866
to a charge of an offense only if the person proves, in the manner	42867
specified in section 2901.05 of the Revised Code, that at the time	42868
of the commission of the offense, the person did not know, as a	42869
result of a severe mental disease or defect, the wrongfulness of	42870
the person's acts.	42871

(B)(1)(a) Subject to division (B)(2) of this section, as used	42872
in any section contained in Title XXIX of the Revised Code that	42873
sets forth a criminal offense, "person" includes all of the	42874
following:	42875

(i) An individual, corporation, business trust, estate,	42876
trust, partnership, and association;	42877

(ii) An unborn human who is viable.

42878

(b) As used in any section contained in Title XXIX of the	42879
Revised Code that does not set forth a criminal offense, "person"	42880
includes an individual, corporation, business trust, estate,	42881
trust, partnership, and association.	42882

42883

(i) "Unborn human" means an individual organism of the	42884
species Homo sapiens from fertilization until live birth.	42885

(ii) "Viable" means the stage of development of a human fetus	42886
at which there is a realistic possibility of maintaining and	42887
nourishing of a life outside the womb with or without temporary	42888
artificial life-sustaining support.	42889

(2) Notwithstanding division (B)(1)(a) of this section, in no	42890
case shall the portion of the definition of the term "person" that	42891
is set forth in division (B)(1)(a)(ii) of this section be applied	42892
or construed in any section contained in Title XXIX of the Revised	42893
Code that sets forth a criminal offense in any of the following	42894
manners:	42895

(a) Except as otherwise provided in division (B)(2)(a) of	42896
this section, in a manner so that the offense prohibits or is	42897
construed as prohibiting any pregnant woman or her physician from	42898
performing an abortion with the consent of the pregnant woman,	42899
with the consent of the pregnant woman implied by law in a medical	42900
emergency, or with the approval of one otherwise authorized by law	42901
to consent to medical treatment on behalf of the pregnant woman.	42902
An abortion that violates the conditions described in the	42903
immediately preceding sentence may be punished as a violation of	42904
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,	42905
2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22	42906
of the Revised Code, as applicable. An abortion that does not	42907
violate the conditions described in the second immediately	42908
preceding sentence, but that does violate section 2919.12,	42909
division (B) of section 2919.13, or section 2919.151, 2919.17, or	42910
2919.18 of the Revised Code, may be punished as a violation of	42911
section 2919.12, division (B) of section 2919.13, or section	42912
2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable.	42913
Consent is sufficient under this division if it is of the type	42914
otherwise adequate to permit medical treatment to the pregnant	42915
woman, even if it does not comply with section 2919.12 of the	42916
Revised Code.	42917

(b) In a manner so that the offense is applied or is	42918
construed as applying to a woman based on an act or omission of	42919
the woman that occurs while she is or was pregnant and that	42920
results in any of the following:	42921

(i) Her delivery of a stillborn baby;

42922

(ii) Her causing, in any other manner, the death in utero of	42923
a viable, unborn human that she is carrying;	42924

(iii) Her causing the death of her child who is born alive	42925
but who dies from one or more injuries that are sustained while	42926
the child is a viable, unborn human;	42927

(iv) Her causing her child who is born alive to sustain one	42928
or more injuries while the child is a viable, unborn human;	42929

(v) Her causing, threatening to cause, or attempting to	42930
cause, in any other manner, an injury, illness, or other	42931
physiological impairment, regardless of its duration or gravity,	42932
or a mental illness or condition, regardless of its duration or	42933
gravity, to a viable, unborn human that she is carrying.	42934

42935

(1) "School safety zone" consists of a school, school	42936
building, school premises, school activity, and school bus.	42937

(2) "School," "school building," and "school premises" have	42938
the same meanings as in section 2925.01 of the Revised Code.	42939

(3) "School activity" means any activity held under the	42940
auspices of a board of education of a city, local, exempted	42941
village, joint vocational, or cooperative education school	42942
district; a governing authority of a community school established	42943
under Chapter 3314. of the Revised Code; a governing board of an	42944
educational service center, or the governing body of a school for	42945
which the state board of education prescribes minimum standards	42946
under section 3301.07 of the Revised Code.	42947

(4) "School bus" has the same meaning as in section 4511.01	42948
of the Revised Code.	42949

Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the	42950
Revised Code:	42951

(A) "Care facility" means any of the following:

42952

(1) Any "home" as defined in section 3721.10 or 5111.20 of	42953
the Revised Code;	42954

(2) Any "residential facility" as defined in section 5123.19	42955
of the Revised Code;	42956

(3) Any institution or facility operated or provided by the	42957
department of mental health or by the department of developmental	42958
disabilities pursuant to sections 5119.02 and 5123.03 of the	42959
Revised Code;	42960

(4) Any "residential facility" as defined in section 5119.22	42961
of the Revised Code;	42962

(5) Any unit of any hospital, as defined in section 3701.01	42963
of the Revised Code, that provides the same services as a nursing	42964
home, as defined in section 3721.01 of the Revised Code;	42965

(6) Any institution, residence, or facility that provides,	42966
for a period of more than twenty-four hours, whether for a	42967
consideration or not, accommodations to one individual or two	42968
unrelated individuals who are dependent upon the services of	42969
others;	42970

(7) Any "adult care facility" as defined in section ~~3722.01~~	42971
5119.70 of the Revised Code;	42972

(8) Any adult foster home certified ~~by the department of~~	42973
~~aging or its designee~~ under section ~~173.36~~5119.692 of the Revised	42974
Code.	42975

(B) "Abuse" means knowingly causing physical harm or	42976
recklessly causing serious physical harm to a person by physical	42977
contact with the person or by the inappropriate use of a physical	42978
or chemical restraint, medication, or isolation on the person.	42979

(C)(1) "Gross neglect" means knowingly failing to provide a	42980
person with any treatment, care, goods, or service that is	42981
necessary to maintain the health or safety of the person when the	42982
failure results in physical harm or serious physical harm to the	42983
person.	42984

(2) "Neglect" means recklessly failing to provide a person	42985
with any treatment, care, goods, or service that is necessary to	42986
maintain the health or safety of the person when the failure	42987
results in serious physical harm to the person.	42988

(D) "Inappropriate use of a physical or chemical restraint,	42989
medication, or isolation" means the use of physical or chemical	42990
restraint, medication, or isolation as punishment, for staff	42991
convenience, excessively, as a substitute for treatment, or in	42992
quantities that preclude habilitation and treatment.	42993

Sec. 2917.40. (A) As used in this section:

42994

(1) "Live entertainment performance" means any live speech;	42995
any live musical performance, including a concert; any live	42996
dramatic performance; any live variety show; and any other live	42997
performance with respect to which the primary intent of the	42998
audience can be construed to be viewing the performers. A "live	42999
entertainment performance" does not include any form of	43000
entertainment with respect to which the person purchasing a ticket	43001
routinely participates in amusements as well as views performers.	43002

(2) "Restricted entertainment area" means any wholly or	43003
partially enclosed area, whether indoors or outdoors, that has	43004
limited access through established entrances, or established	43005
~~turnstyles~~turnstiles or similar devices.	43006

(3) "Concert" means a musical performance of which the	43007
primary component is a presentation by persons singing or playing	43008
musical instruments, that is intended by its sponsors mainly, but	43009
not necessarily exclusively, for the listening enjoyment of the	43010
audience, and that is held in a facility. A "concert" does not	43011
include any performance in which music is a part of the	43012
presentation and the primary component of which is acting,	43013
dancing, a motion picture, a demonstration of skills or talent	43014
other than singing or playing an instrument, an athletic event, an	43015
exhibition, or a speech.	43016

(4) "Facility" means any structure that has a roof or partial	43017
roof and that has walls that wholly surround the area on all	43018
sides, including, but not limited to, a stadium, hall, arena,	43019
armory, auditorium, ballroom, exhibition hall, convention center,	43020
or music hall.	43021

(5) "Person" includes, in addition to an individual or entity	43022
specified in division (C) of section 1.59 of the Revised Code, any	43023
governmental entity.	43024

(B)(1) No person shall sell, offer to sell, or offer in	43025
return for a donation any ticket that is not numbered and that	43026
does not correspond to a specific seat for admission to either of	43027
the following:	43028

(a) A live entertainment performance that is not exempted	43029
under division (D) of this section, that is held in a restricted	43030
entertainment area, and for which more than eight thousand tickets	43031
are offered to the public;	43032

(b) A concert that is not exempted under division (D) of this	43033
section and for which more than three thousand tickets are offered	43034
to the public.	43035

(2) No person shall advertise any live entertainment	43036
performance as described in division (B)(1)(a) of this section or	43037
any concert as described in division (B)(1)(b) of this section,	43038
unless the advertisement contains the words "Reserved Seats Only."	43039

(C) Unless exempted by division (D)(1) of this section, no	43040
person who owns or operates any restricted entertainment area	43041
shall fail to open, maintain, and properly staff at least the	43042
number of entrances designated under division (E) of this section	43043
for a minimum of ninety minutes prior to the scheduled start of	43044
any live entertainment performance that is held in the restricted	43045
entertainment area and for which more than three thousand tickets	43046
are sold, offered for sale, or offered in return for a donation.	43047

(D)(1) A live entertainment performance, other than a	43048
concert, is exempted from the provisions of divisions (B) and (C)	43049
of this section if both of the following apply:	43050

(a) The restricted entertainment area in which the	43051
performance is held has at least eight entrances or, if both	43052
entrances and separate admission ~~turnstyles~~turnstiles or similar	43053
devices are used, has at least eight ~~turnstyles~~turnstiles or	43054
similar devices;	43055

(b) The eight entrances or, if applicable, the eight	43056
~~turnstyles~~turnstiles or similar devices are opened, maintained,	43057
and properly staffed at least one hour prior to the scheduled	43058
start of the performance.	43059

(2)(a) The chief of the police department of a township	43060
police district or joint police district in the case of a facility	43061
located within the district, the officer responsible for public	43062
safety within a municipal corporation in the case of a facility	43063
located within the municipal corporation, or the county sheriff in	43064
the case of a facility located outside the boundaries of a	43065
township or joint police district or municipal corporation may,	43066
upon application of the sponsor of a concert covered by division	43067
(B) of this section, exempt the concert from the provisions of	43068
that division if the official finds that the health, safety, and	43069
welfare of the participants and spectators would not be	43070
substantially affected by failure to comply with the provisions of	43071
that division.	43072

In determining whether to grant an exemption, the official	43073
shall consider the following factors:	43074

(i) The size and design of the facility in which the concert	43075
is scheduled;	43076

(ii) The size, age, and anticipated conduct of the crowd	43077
expected to attend the concert;	43078

(iii) The ability of the sponsor to manage and control the	43079
expected crowd.	43080

If the sponsor of any concert desires to obtain an exemption	43081
under this division, the sponsor shall apply to the appropriate	43082
official on a form prescribed by that official. The official shall	43083
issue an order that grants or denies the exemption within five	43084
days after receipt of the application. The sponsor may appeal any	43085
order that denies an exemption to the court of common pleas of the	43086
county in which the facility is located.	43087

(b) If an official grants an exemption under division	43088
(D)(2)(a) of this section, the official shall designate an on-duty	43089
law enforcement officer to be present at the concert. The	43090
designated officer has authority to issue orders to all security	43091
personnel at the concert to protect the health, safety, and	43092
welfare of the participants and spectators.	43093

(3) Notwithstanding division (D)(2) of this section, in the	43094
case of a concert held in a facility located on the campus of an	43095
educational institution covered by section 3345.04 of the Revised	43096
Code, a state university law enforcement officer appointed	43097
pursuant to sections 3345.04 and 3345.21 of the Revised Code shall	43098
do both of the following:	43099

(a) Exercise the authority to grant exemptions provided by	43100
division (D)(2)(a) of this section in lieu of an official	43101
designated in that division;	43102

(b) If the officer grants an exemption under division	43103
(D)(3)(a) of this section, designate an on-duty state university	43104
law enforcement officer to be present at the concert. The	43105
designated officer has authority to issue orders to all security	43106
personnel at the concert to protect the health, safety, and	43107
welfare of the participants and spectators.	43108

(E)(1) Unless a live entertainment performance is exempted by	43109
division (D)(1) of this section, the chief of the police	43110
department of a township police district or joint police district	43111
in the case of a restricted entertainment area located within the	43112
district, the officer responsible for public safety within a	43113
municipal corporation in the case of a restricted entertainment	43114
area located within the municipal corporation, or the county	43115
sheriff in the case of a restricted entertainment area located	43116
outside the boundaries of a township or joint police district or	43117
municipal corporation shall designate, for purposes of division	43118
(C) of this section, the minimum number of entrances required to	43119
be opened, maintained, and staffed at each live entertainment	43120
performance so as to permit crowd control and reduce congestion at	43121
the entrances. The designation shall be based on such factors as	43122
the size and nature of the crowd expected to attend the live	43123
entertainment performance, the length of time prior to the live	43124
entertainment performance that crowds are expected to congregate	43125
at the entrances, and the amount of security provided at the	43126
restricted entertainment area.	43127

(2) Notwithstanding division (E)(1) of this section, a state	43128
university law enforcement officer appointed pursuant to sections	43129
3345.04 and 3345.21 of the Revised Code shall designate the number	43130
of entrances required to be opened, maintained, and staffed in the	43131
case of a live entertainment performance that is held at a	43132
restricted entertainment area located on the campus of an	43133
educational institution covered by section 3345.04 of the Revised	43134
Code.	43135

(F) No person shall enter into any contract for a live	43136
entertainment performance, that does not permit or require	43137
compliance with this section.	43138

(G)(1) This section does not apply to a live entertainment	43139
performance held in a restricted entertainment area if one	43140
admission ticket entitles the holder to view or participate in	43141
three or more different games, rides, activities, or live	43142
entertainment performances occurring simultaneously at different	43143
sites within the restricted entertainment area and if the initial	43144
admittance entrance to the restricted entertainment area, for	43145
which the ticket is required, is separate from the entrance to any	43146
specific live entertainment performance and an additional ticket	43147
is not required for admission to the particular live entertainment	43148
performance.	43149

(2) This section does not apply to a symphony orchestra	43150
performance, a ballet performance, horse races, dances, or fairs.	43151

(H) This section does not prohibit the legislative authority	43152
of any municipal corporation from imposing additional	43153
requirements, not in conflict with this section, for the promotion	43154
or holding of live entertainment performances.	43155

(I) Whoever violates division (B), (C), or (F) of this	43156
section is guilty of a misdemeanor of the first degree. If any	43157
individual suffers physical harm to ~~his~~the individual's person as	43158
a result of a violation of this section, the sentencing court	43159
shall consider this factor in favor of imposing a term of	43160
imprisonment upon the offender.	43161

Sec. 2919.271. (A)(1)(a) If a defendant is charged with a	43162
violation of section 2919.27 of the Revised Code or of a municipal	43163
ordinance that is substantially similar to that section, the court	43164
may order an evaluation of the mental condition of the defendant	43165
if the court determines that either of the following criteria	43166
apply:	43167

(i) If the alleged violation is a violation of a protection	43168
order issued or consent agreement approved pursuant to section	43169
2919.26 or 3113.31 of the Revised Code, that the violation	43170
allegedly involves conduct by the defendant that caused physical	43171
harm to the person or property of a family or household member	43172
covered by the order or agreement, or conduct by the defendant	43173
that caused a family or household member to believe that the	43174
defendant would cause physical harm to that member or that	43175
member's property.	43176

(ii) If the alleged violation is a violation of a protection	43177
order issued pursuant to section 2903.213 or 2903.214 of the	43178
Revised Code or a protection order issued by a court of another	43179
state, that the violation allegedly involves conduct by the	43180
defendant that caused physical harm to the person or property of	43181
the person covered by the order, or conduct by the defendant that	43182
caused the person covered by the order to believe that the	43183
defendant would cause physical harm to that person or that	43184
person's property.	43185

(b) If a defendant is charged with a violation of section	43186
2903.211 of the Revised Code or of a municipal ordinance that is	43187
substantially similar to that section, the court may order an	43188
evaluation of the mental condition of the defendant.	43189

(2) An evaluation ordered under division (A)(1) of this	43190
section shall be completed no later than thirty days from the date	43191
the order is entered pursuant to that division. In that order, the	43192
court shall do either of the following:	43193

(a) Order that the evaluation of the mental condition of the	43194
defendant be preceded by an examination conducted either by a	43195
forensic center that is designated by the department of mental	43196
health to conduct examinations and make evaluations of defendants	43197
charged with violations of section 2903.211 or 2919.27 of the	43198
Revised Code or of substantially similar municipal ordinances in	43199
the area in which the court is located, or by any other program or	43200
facility that is designated by the department of mental health or	43201
the department of developmental disabilities to conduct	43202
examinations and make evaluations of defendants charged with	43203
violations of section 2903.211 or 2919.27 of the Revised Code or	43204
of substantially similar municipal ordinances, and that is	43205
operated by either department or is certified by either department	43206
as being in compliance with the standards established under	43207
division ~~(I)~~(H) of section 5119.01 of the Revised Code or division	43208
(C) of section 5123.04 of the Revised Code.	43209

(b) Designate a center, program, or facility other than one	43210
designated by the department of mental health or the department of	43211
developmental disabilities, as described in division (A)(2)(a) of	43212
this section, to conduct the evaluation and preceding examination	43213
of the mental condition of the defendant.	43214

Whether the court acts pursuant to division (A)(2)(a) or (b)	43215
of this section, the court may designate examiners other than the	43216
personnel of the center, program, facility, or department involved	43217
to make the evaluation and preceding examination of the mental	43218
condition of the defendant.	43219

(B) If the court considers that additional evaluations of the	43220
mental condition of a defendant are necessary following the	43221
evaluation authorized by division (A) of this section, the court	43222
may order up to two additional similar evaluations. These	43223
evaluations shall be completed no later than thirty days from the	43224
date the applicable court order is entered. If more than one	43225
evaluation of the mental condition of the defendant is ordered	43226
under this division, the prosecutor and the defendant may	43227
recommend to the court an examiner whom each prefers to perform	43228
one of the evaluations and preceding examinations.	43229

(C)(1) The court may order a defendant who has been released	43230
on bail to submit to an examination under division (A) or (B) of	43231
this section. The examination shall be conducted either at the	43232
detention facility in which the defendant would have been confined	43233
if the defendant had not been released on bail, or, if so	43234
specified by the center, program, facility, or examiners involved,	43235
at the premises of the center, program, or facility. Additionally,	43236
the examination shall be conducted at the times established by the	43237
examiners involved. If such a defendant refuses to submit to an	43238
examination or a complete examination as required by the court or	43239
the center, program, facility, or examiners involved, the court	43240
may amend the conditions of the bail of the defendant and order	43241
the sheriff to take the defendant into custody and deliver the	43242
defendant to the detention facility in which the defendant would	43243
have been confined if the defendant had not been released on bail,	43244
or, if so specified by the center, program, facility, or examiners	43245
involved, to the premises of the center, program, or facility, for	43246
purposes of the examination.	43247

(2) A defendant who has not been released on bail shall be	43248
examined at the detention facility in which the defendant is	43249
confined or, if so specified by the center, program, facility, or	43250
examiners involved, at the premises of the center, program, or	43251
facility.	43252

(D) The examiner of the mental condition of a defendant under	43253
division (A) or (B) of this section shall file a written report	43254
with the court within thirty days after the entry of an order for	43255
the evaluation of the mental condition of the defendant. The	43256
report shall contain the findings of the examiner; the facts in	43257
reasonable detail on which the findings are based; the opinion of	43258
the examiner as to the mental condition of the defendant; the	43259
opinion of the examiner as to whether the defendant represents a	43260
substantial risk of physical harm to other persons as manifested	43261
by evidence of recent homicidal or other violent behavior,	43262
evidence of recent threats that placed other persons in reasonable	43263
fear of violent behavior and serious physical harm, or evidence of	43264
present dangerousness; and the opinion of the examiner as to the	43265
types of treatment or counseling that the defendant needs. The	43266
court shall provide copies of the report to the prosecutor and	43267
defense counsel.	43268

(E) The costs of any evaluation and preceding examination of	43269
a defendant that is ordered pursuant to division (A) or (B) of	43270
this section shall be taxed as court costs in the criminal case.	43271

(F) If the examiner considers it necessary in order to make	43272
an accurate evaluation of the mental condition of a defendant, an	43273
examiner under division (A) or (B) of this section may request any	43274
family or household member of the defendant to provide the	43275
examiner with information. A family or household member may, but	43276
is not required to, provide information to the examiner upon	43277
receipt of the request.	43278

(G) As used in this section:

43279

(1) "Bail" includes a recognizance.

43280

(2) "Examiner" means a psychiatrist, a licensed independent	43281
social worker who is employed by a forensic center that is	43282
certified as being in compliance with the standards established	43283
under division ~~(I)~~(H) of section 5119.01 or division (C) of	43284
section 5123.04 of the Revised Code, a licensed professional	43285
clinical counselor who is employed at a forensic center that is	43286
certified as being in compliance with such standards, or a	43287
licensed clinical psychologist, except that in order to be an	43288
examiner, a licensed clinical psychologist shall meet the criteria	43289
of division (I)(1) of section 5122.01 of the Revised Code or be	43290
employed to conduct examinations by the department of mental	43291
health or by a forensic center certified as being in compliance	43292
with the standards established under division ~~(I)~~(H) of section	43293
5119.01 or division (C) of section 5123.04 of the Revised Code	43294
that is designated by the department of mental health.	43295

(3) "Family or household member" has the same meaning as in	43296
section 2919.25 of the Revised Code.	43297

(4) "Prosecutor" has the same meaning as in section 2935.01	43298
of the Revised Code.	43299

(5) "Psychiatrist" and "licensed clinical psychologist" have	43300
the same meanings as in section 5122.01 of the Revised Code.	43301

(6) "Protection order issued by a court of another state" has	43302
the same meaning as in section 2919.27 of the Revised Code.	43303

Sec. 2929.71. (A) As used in this section:

43304

(1) "Agency" means any law enforcement agency, other public	43305
agency, or public official involved in the investigation or	43306
prosecution of the offender or in the investigation of the fire or	43307
explosion in an aggravated arson, arson, or criminal damaging or	43308
endangering case. An "agency" includes, but is not limited to, a	43309
sheriff's office, a municipal corporation, township, or township	43310
or joint police district police department, the office of a	43311
prosecuting attorney, city director of law, village solicitor, or	43312
similar chief legal officer of a municipal corporation, the fire	43313
marshal's office, a municipal corporation, township, or township	43314
fire district fire department, the office of a fire prevention	43315
officer, and any state, county, or municipal corporation crime	43316
laboratory.	43317

(2) "Assets" includes all forms of real or personal property.

43318

(3) "Itemized statement" means the statement of costs	43319
described in division (B) of this section.	43320

(4) "Offender" means the person who has been convicted of or	43321
pleaded guilty to committing, attempting to commit, or complicity	43322
in committing a violation of section 2909.02 or 2909.03 of the	43323
Revised Code, or, when the means used are fire or explosion,	43324
division (A)(2) of section 2909.06 of the Revised Code.	43325

(5) "Costs" means the reasonable value of the time spent by	43326
an officer or employee of an agency on the aggravated arson,	43327
arson, or criminal damaging or endangering case, any moneys spent	43328
by the agency on that case, and the reasonable fair market value	43329
of resources used or expended by the agency on that case.	43330

(B) Prior to the sentencing of an offender, the court shall	43331
enter an order that directs agencies that wish to be reimbursed by	43332
the offender for the costs they incurred in the investigation or	43333
prosecution of the offender or in the investigation of the fire or	43334
explosion involved in the case, to file with the court within a	43335
specified time an itemized statement of those costs. The order	43336
also shall require that a copy of the itemized statement be given	43337
to the offender or offender's attorney within the specified time.	43338
Only itemized statements so filed and given shall be considered at	43339
the hearing described in division (C) of this section.	43340

(C) The court shall set a date for a hearing on all the	43341
itemized statements filed with it and given to the offender or the	43342
offender's attorney in accordance with division (B) of this	43343
section. The hearing shall be held prior to the sentencing of the	43344
offender, but may be held on the same day as the sentencing.	43345
Notice of the hearing date shall be given to the offender or the	43346
offender's attorney and to the agencies whose itemized statements	43347
are involved. At the hearing, each agency has the burden of	43348
establishing by a preponderance of the evidence that the costs set	43349
forth in its itemized statement were incurred in the investigation	43350
or prosecution of the offender or in the investigation of the fire	43351
or explosion involved in the case, and of establishing by a	43352
preponderance of the evidence that the offender has assets	43353
available for the reimbursement of all or a portion of the costs.	43354

The offender may cross-examine all witnesses and examine all	43355
documentation presented by the agencies at the hearing, and the	43356
offender may present at the hearing witnesses and documentation	43357
the offender has obtained without a subpoena or a subpoena duces	43358
tecum or, in the case of documentation, that belongs to the	43359
offender. The offender also may issue subpoenas and subpoenas	43360
duces tecum for, and present and examine at the hearing, witnesses	43361
and documentation, subject to the following applying to the	43362
witnesses or documentation subpoenaed:	43363

(1) The testimony of witnesses subpoenaed or documentation	43364
subpoenaed is material to the preparation or presentation by the	43365
offender of the offender's defense to the claims of the agencies	43366
for a reimbursement of costs;	43367

(2) If witnesses to be subpoenaed are personnel of an agency	43368
or documentation to be subpoenaed belongs to an agency, the	43369
personnel or documentation may be subpoenaed only if the agency	43370
involved has indicated, pursuant to this division, that it intends	43371
to present the personnel as witnesses or use the documentation at	43372
the hearing. The offender shall submit, in writing, a request to	43373
an agency as described in this division to ascertain whether the	43374
agency intends to present various personnel as witnesses or to use	43375
particular documentation. The request shall indicate that the	43376
offender is considering issuing subpoenas to personnel of the	43377
agency who are specifically named or identified by title or	43378
position, or for documentation of the agency that is specifically	43379
described or generally identified, and shall request the agency to	43380
indicate, in writing, whether it intends to present such personnel	43381
as witnesses or to use such documentation at the hearing. The	43382
agency shall promptly reply to the request of the offender. An	43383
agency is prohibited from presenting personnel as witnesses or	43384
from using documentation at the hearing if it indicates to the	43385
offender it does not intend to do so in response to a request of	43386
the offender under this division, or if it fails to reply or	43387
promptly reply to such a request.	43388

(D) Following the hearing, the court shall determine which of	43389
the agencies established by a preponderance of the evidence that	43390
costs set forth in their itemized statements were incurred as	43391
described in division (C) of this section and that the offender	43392
has assets available for reimbursement purposes. The court also	43393
shall determine whether the offender has assets available to	43394
reimburse all such agencies, in whole or in part, for their	43395
established costs, and if it determines that the assets are	43396
available, it shall order the offender, as part of the offender's	43397
sentence, to reimburse the agencies from the offender's assets for	43398
all or a specified portion of their established costs.	43399

Sec. 2935.01. As used in this chapter:

43400

(A) "Magistrate" has the same meaning as in section 2931.01	43401
of the Revised Code.	43402

(B) "Peace officer" includes, except as provided in section	43403
2935.081 of the Revised Code, a sheriff; deputy sheriff; marshal;	43404
deputy marshal; member of the organized police department of any	43405
municipal corporation, including a member of the organized police	43406
department of a municipal corporation in an adjoining state	43407
serving in Ohio under a contract pursuant to section 737.04 of the	43408
Revised Code; member of a police force employed by a metropolitan	43409
housing authority under division (D) of section 3735.31 of the	43410
Revised Code; member of a police force employed by a regional	43411
transit authority under division (Y) of section 306.05 of the	43412
Revised Code; state university law enforcement officer appointed	43413
under section 3345.04 of the Revised Code; enforcement agent of	43414
the department of public safety designated under section 5502.14	43415
of the Revised Code; employee of the department of taxation to	43416
whom investigation powers have been delegated under section	43417
5743.45 of the Revised Code; employee of the department of natural	43418
resources who is a natural resources law enforcement staff officer	43419
designated pursuant to section 1501.013 of the Revised Code, a	43420
forest officer designated pursuant to section 1503.29 of the	43421
Revised Code, a preserve officer designated pursuant to section	43422
1517.10 of the Revised Code, a wildlife officer designated	43423
pursuant to section 1531.13 of the Revised Code, a park officer	43424
designated pursuant to section 1541.10 of the Revised Code, or a	43425
state watercraft officer designated pursuant to section 1547.521	43426
of the Revised Code; individual designated to perform law	43427
enforcement duties under section 511.232, 1545.13, or 6101.75 of	43428
the Revised Code; veterans' home police officer appointed under	43429
section 5907.02 of the Revised Code; special police officer	43430
employed by a port authority under section 4582.04 or 4582.28 of	43431
the Revised Code; police constable of any township; police officer	43432
of a township or joint ~~township~~ police district; a special police	43433
officer employed by a municipal corporation at a municipal	43434
airport, or other municipal air navigation facility, that has	43435
scheduled operations, as defined in section 119.3 of Title 14 of	43436
the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and	43437
that is required to be under a security program and is governed by	43438
aviation security rules of the transportation security	43439
administration of the United States department of transportation	43440
as provided in Parts 1542. and 1544. of Title 49 of the Code of	43441
Federal Regulations, as amended; the house of representatives	43442
sergeant at arms if the house of representatives sergeant at arms	43443
has arrest authority pursuant to division (E)(1) of section	43444
101.311 of the Revised Code; and an assistant house of	43445
representatives sergeant at arms; officer or employee of the	43446
bureau of criminal identification and investigation established	43447
pursuant to section 109.51 of the Revised Code who has been	43448
awarded a certificate by the executive director of the Ohio peace	43449
officer training commission attesting to the officer's or	43450
employee's satisfactory completion of an approved state, county,	43451
municipal, or department of natural resources peace officer basic	43452
training program and who is providing assistance upon request to a	43453
law enforcement officer or emergency assistance to a peace officer	43454
pursuant to section 109.54 or 109.541 of the Revised Code; a state	43455
fire marshal law enforcement officer described in division (A)(23)	43456
of section 109.71 of the Revised Code; and, for the purpose of	43457
arrests within those areas, for the purposes of Chapter 5503. of	43458
the Revised Code, and the filing of and service of process	43459
relating to those offenses witnessed or investigated by them, the	43460
superintendent and troopers of the state highway patrol.	43461

(C) "Prosecutor" includes the county prosecuting attorney and	43462
any assistant prosecutor designated to assist the county	43463
prosecuting attorney, and, in the case of courts inferior to	43464
courts of common pleas, includes the village solicitor, city	43465
director of law, or similar chief legal officer of a municipal	43466
corporation, any such officer's assistants, or any attorney	43467
designated by the prosecuting attorney of the county to appear for	43468
the prosecution of a given case.	43469

(D) "Offense," except where the context specifically	43470
indicates otherwise, includes felonies, misdemeanors, and	43471
violations of ordinances of municipal corporations and other	43472
public bodies authorized by law to adopt penal regulations.	43473

Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,	43474
deputy marshal, municipal police officer, township constable,	43475
police officer of a township or joint ~~township~~ police district,	43476
member of a police force employed by a metropolitan housing	43477
authority under division (D) of section 3735.31 of the Revised	43478
Code, member of a police force employed by a regional transit	43479
authority under division (Y) of section 306.35 of the Revised	43480
Code, state university law enforcement officer appointed under	43481
section 3345.04 of the Revised Code, veterans' home police officer	43482
appointed under section 5907.02 of the Revised Code, special	43483
police officer employed by a port authority under section 4582.04	43484
or 4582.28 of the Revised Code, or a special police officer	43485
employed by a municipal corporation at a municipal airport, or	43486
other municipal air navigation facility, that has scheduled	43487
operations, as defined in section 119.3 of Title 14 of the Code of	43488
Federal Regulations, 14 C.F.R. 119.3, as amended, and that is	43489
required to be under a security program and is governed by	43490
aviation security rules of the transportation security	43491
administration of the United States department of transportation	43492
as provided in Parts 1542. and 1544. of Title 49 of the Code of	43493
Federal Regulations, as amended, shall arrest and detain, until a	43494
warrant can be obtained, a person found violating, within the	43495
limits of the political subdivision, metropolitan housing	43496
authority housing project, regional transit authority facilities	43497
or areas of a municipal corporation that have been agreed to by a	43498
regional transit authority and a municipal corporation located	43499
within its territorial jurisdiction, college, university,	43500
veterans' home operated under Chapter 5907. of the Revised Code,	43501
port authority, or municipal airport or other municipal air	43502
navigation facility, in which the peace officer is appointed,	43503
employed, or elected, a law of this state, an ordinance of a	43504
municipal corporation, or a resolution of a township.	43505

(2) A peace officer of the department of natural resources, a	43506
state fire marshal law enforcement officer described in division	43507
(A)(23) of section 109.71 of the Revised Code, or an individual	43508
designated to perform law enforcement duties under section	43509
511.232, 1545.13, or 6101.75 of the Revised Code shall arrest and	43510
detain, until a warrant can be obtained, a person found violating,	43511
within the limits of the peace officer's, state fire marshal law	43512
enforcement officer's, or individual's territorial jurisdiction, a	43513
law of this state.	43514

(3) The house sergeant at arms, if the house sergeant at arms	43515
has arrest authority pursuant to division (E)(1) of section	43516
101.311 of the Revised Code, and an assistant house sergeant at	43517
arms shall arrest and detain, until a warrant can be obtained, a	43518
person found violating, within the limits of the sergeant at	43519
arms's or assistant sergeant at arms's territorial jurisdiction	43520
specified in division (D)(1)(a) of section 101.311 of the Revised	43521
Code or while providing security pursuant to division (D)(1)(f) of	43522
section 101.311 of the Revised Code, a law of this state, an	43523
ordinance of a municipal corporation, or a resolution of a	43524
township.	43525

(B)(1) When there is reasonable ground to believe that an	43526
offense of violence, the offense of criminal child enticement as	43527
defined in section 2905.05 of the Revised Code, the offense of	43528
public indecency as defined in section 2907.09 of the Revised	43529
Code, the offense of domestic violence as defined in section	43530
2919.25 of the Revised Code, the offense of violating a protection	43531
order as defined in section 2919.27 of the Revised Code, the	43532
offense of menacing by stalking as defined in section 2903.211 of	43533
the Revised Code, the offense of aggravated trespass as defined in	43534
section 2911.211 of the Revised Code, a theft offense as defined	43535
in section 2913.01 of the Revised Code, or a felony drug abuse	43536
offense as defined in section 2925.01 of the Revised Code, has	43537
been committed within the limits of the political subdivision,	43538
metropolitan housing authority housing project, regional transit	43539
authority facilities or those areas of a municipal corporation	43540
that have been agreed to by a regional transit authority and a	43541
municipal corporation located within its territorial jurisdiction,	43542
college, university, veterans' home operated under Chapter 5907.	43543
of the Revised Code, port authority, or municipal airport or other	43544
municipal air navigation facility, in which the peace officer is	43545
appointed, employed, or elected or within the limits of the	43546
territorial jurisdiction of the peace officer, a peace officer	43547
described in division (A) of this section may arrest and detain	43548
until a warrant can be obtained any person who the peace officer	43549
has reasonable cause to believe is guilty of the violation.	43550

(2) For purposes of division (B)(1) of this section, the	43551
execution of any of the following constitutes reasonable ground to	43552
believe that the offense alleged in the statement was committed	43553
and reasonable cause to believe that the person alleged in the	43554
statement to have committed the offense is guilty of the	43555
violation:	43556

(a) A written statement by a person alleging that an alleged	43557
offender has committed the offense of menacing by stalking or	43558
aggravated trespass;	43559

(b) A written statement by the administrator of the	43560
interstate compact on mental health appointed under section	43561
5119.51 of the Revised Code alleging that a person who had been	43562
hospitalized, institutionalized, or confined in any facility under	43563
an order made pursuant to or under authority of section 2945.37,	43564
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	43565
Revised Code has escaped from the facility, from confinement in a	43566
vehicle for transportation to or from the facility, or from	43567
supervision by an employee of the facility that is incidental to	43568
hospitalization, institutionalization, or confinement in the	43569
facility and that occurs outside of the facility, in violation of	43570
section 2921.34 of the Revised Code;	43571

(c) A written statement by the administrator of any facility	43572
in which a person has been hospitalized, institutionalized, or	43573
confined under an order made pursuant to or under authority of	43574
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	43575
2945.402 of the Revised Code alleging that the person has escaped	43576
from the facility, from confinement in a vehicle for	43577
transportation to or from the facility, or from supervision by an	43578
employee of the facility that is incidental to hospitalization,	43579
institutionalization, or confinement in the facility and that	43580
occurs outside of the facility, in violation of section 2921.34 of	43581
the Revised Code.	43582

(3)(a) For purposes of division (B)(1) of this section, a	43583
peace officer described in division (A) of this section has	43584
reasonable grounds to believe that the offense of domestic	43585
violence or the offense of violating a protection order has been	43586
committed and reasonable cause to believe that a particular person	43587
is guilty of committing the offense if any of the following	43588
occurs:	43589

(i) A person executes a written statement alleging that the	43590
person in question has committed the offense of domestic violence	43591
or the offense of violating a protection order against the person	43592
who executes the statement or against a child of the person who	43593
executes the statement.	43594

(ii) No written statement of the type described in division	43595
(B)(3)(a)(i) of this section is executed, but the peace officer,	43596
based upon the peace officer's own knowledge and observation of	43597
the facts and circumstances of the alleged incident of the offense	43598
of domestic violence or the alleged incident of the offense of	43599
violating a protection order or based upon any other information,	43600
including, but not limited to, any reasonably trustworthy	43601
information given to the peace officer by the alleged victim of	43602
the alleged incident of the offense or any witness of the alleged	43603
incident of the offense, concludes that there are reasonable	43604
grounds to believe that the offense of domestic violence or the	43605
offense of violating a protection order has been committed and	43606
reasonable cause to believe that the person in question is guilty	43607
of committing the offense.	43608

(iii) No written statement of the type described in division	43609
(B)(3)(a)(i) of this section is executed, but the peace officer	43610
witnessed the person in question commit the offense of domestic	43611
violence or the offense of violating a protection order.	43612

(b) If pursuant to division (B)(3)(a) of this section a peace	43613
officer has reasonable grounds to believe that the offense of	43614
domestic violence or the offense of violating a protection order	43615
has been committed and reasonable cause to believe that a	43616
particular person is guilty of committing the offense, it is the	43617
preferred course of action in this state that the officer arrest	43618
and detain that person pursuant to division (B)(1) of this section	43619
until a warrant can be obtained.	43620

If pursuant to division (B)(3)(a) of this section a peace	43621
officer has reasonable grounds to believe that the offense of	43622
domestic violence or the offense of violating a protection order	43623
has been committed and reasonable cause to believe that family or	43624
household members have committed the offense against each other,	43625
it is the preferred course of action in this state that the	43626
officer, pursuant to division (B)(1) of this section, arrest and	43627
detain until a warrant can be obtained the family or household	43628
member who committed the offense and whom the officer has	43629
reasonable cause to believe is the primary physical aggressor.	43630
There is no preferred course of action in this state regarding any	43631
other family or household member who committed the offense and	43632
whom the officer does not have reasonable cause to believe is the	43633
primary physical aggressor, but, pursuant to division (B)(1) of	43634
this section, the peace officer may arrest and detain until a	43635
warrant can be obtained any other family or household member who	43636
committed the offense and whom the officer does not have	43637
reasonable cause to believe is the primary physical aggressor.	43638

(c) If a peace officer described in division (A) of this	43639
section does not arrest and detain a person whom the officer has	43640
reasonable cause to believe committed the offense of domestic	43641
violence or the offense of violating a protection order when it is	43642
the preferred course of action in this state pursuant to division	43643
(B)(3)(b) of this section that the officer arrest that person, the	43644
officer shall articulate in the written report of the incident	43645
required by section 2935.032 of the Revised Code a clear statement	43646
of the officer's reasons for not arresting and detaining that	43647
person until a warrant can be obtained.	43648

(d) In determining for purposes of division (B)(3)(b) of this	43649
section which family or household member is the primary physical	43650
aggressor in a situation in which family or household members have	43651
committed the offense of domestic violence or the offense of	43652
violating a protection order against each other, a peace officer	43653
described in division (A) of this section, in addition to any	43654
other relevant circumstances, should consider all of the	43655
following:	43656

(i) Any history of domestic violence or of any other violent	43657
acts by either person involved in the alleged offense that the	43658
officer reasonably can ascertain;	43659

(ii) If violence is alleged, whether the alleged violence was	43660
caused by a person acting in self-defense;	43661

(iii) Each person's fear of physical harm, if any, resulting	43662
from the other person's threatened use of force against any person	43663
or resulting from the other person's use or history of the use of	43664
force against any person, and the reasonableness of that fear;	43665

(iv) The comparative severity of any injuries suffered by the	43666
persons involved in the alleged offense.	43667

(e)(i) A peace officer described in division (A) of this	43668
section shall not require, as a prerequisite to arresting or	43669
charging a person who has committed the offense of domestic	43670
violence or the offense of violating a protection order, that the	43671
victim of the offense specifically consent to the filing of	43672
charges against the person who has committed the offense or sign a	43673
complaint against the person who has committed the offense.	43674

(ii) If a person is arrested for or charged with committing	43675
the offense of domestic violence or the offense of violating a	43676
protection order and if the victim of the offense does not	43677
cooperate with the involved law enforcement or prosecuting	43678
authorities in the prosecution of the offense or, subsequent to	43679
the arrest or the filing of the charges, informs the involved law	43680
enforcement or prosecuting authorities that the victim does not	43681
wish the prosecution of the offense to continue or wishes to drop	43682
charges against the alleged offender relative to the offense, the	43683
involved prosecuting authorities, in determining whether to	43684
continue with the prosecution of the offense or whether to dismiss	43685
charges against the alleged offender relative to the offense and	43686
notwithstanding the victim's failure to cooperate or the victim's	43687
wishes, shall consider all facts and circumstances that are	43688
relevant to the offense, including, but not limited to, the	43689
statements and observations of the peace officers who responded to	43690
the incident that resulted in the arrest or filing of the charges	43691
and of all witnesses to that incident.	43692

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	43693
this section whether to arrest a person pursuant to division	43694
(B)(1) of this section, a peace officer described in division (A)	43695
of this section shall not consider as a factor any possible	43696
shortage of cell space at the detention facility to which the	43697
person will be taken subsequent to the person's arrest or any	43698
possibility that the person's arrest might cause, contribute to,	43699
or exacerbate overcrowding at that detention facility or at any	43700
other detention facility.	43701

(g) If a peace officer described in division (A) of this	43702
section intends pursuant to divisions (B)(3)(a) to (g) of this	43703
section to arrest a person pursuant to division (B)(1) of this	43704
section and if the officer is unable to do so because the person	43705
is not present, the officer promptly shall seek a warrant for the	43706
arrest of the person.	43707

(h) If a peace officer described in division (A) of this	43708
section responds to a report of an alleged incident of the offense	43709
of domestic violence or an alleged incident of the offense of	43710
violating a protection order and if the circumstances of the	43711
incident involved the use or threatened use of a deadly weapon or	43712
any person involved in the incident brandished a deadly weapon	43713
during or in relation to the incident, the deadly weapon that was	43714
used, threatened to be used, or brandished constitutes contraband,	43715
and, to the extent possible, the officer shall seize the deadly	43716
weapon as contraband pursuant to Chapter 2981. of the Revised	43717
Code. Upon the seizure of a deadly weapon pursuant to division	43718
(B)(3)(h) of this section, section 2981.12 of the Revised Code	43719
shall apply regarding the treatment and disposition of the deadly	43720
weapon. For purposes of that section, the "underlying criminal	43721
offense" that was the basis of the seizure of a deadly weapon	43722
under division (B)(3)(h) of this section and to which the deadly	43723
weapon had a relationship is any of the following that is	43724
applicable:	43725

(i) The alleged incident of the offense of domestic violence	43726
or the alleged incident of the offense of violating a protection	43727
order to which the officer who seized the deadly weapon responded;	43728

(ii) Any offense that arose out of the same facts and	43729
circumstances as the report of the alleged incident of the offense	43730
of domestic violence or the alleged incident of the offense of	43731
violating a protection order to which the officer who seized the	43732
deadly weapon responded.	43733

(4) If, in the circumstances described in divisions (B)(3)(a)	43734
to (g) of this section, a peace officer described in division (A)	43735
of this section arrests and detains a person pursuant to division	43736
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	43737
this section, a peace officer described in division (A) of this	43738
section seizes a deadly weapon, the officer, to the extent	43739
described in and in accordance with section 9.86 or 2744.03 of the	43740
Revised Code, is immune in any civil action for damages for	43741
injury, death, or loss to person or property that arises from or	43742
is related to the arrest and detention or the seizure.	43743

(C) When there is reasonable ground to believe that a	43744
violation of division (A)(1), (2), (3), (4), or (5) of section	43745
4506.15 or a violation of section 4511.19 of the Revised Code has	43746
been committed by a person operating a motor vehicle subject to	43747
regulation by the public utilities commission of Ohio under Title	43748
XLIX of the Revised Code, a peace officer with authority to	43749
enforce that provision of law may stop or detain the person whom	43750
the officer has reasonable cause to believe was operating the	43751
motor vehicle in violation of the division or section and, after	43752
investigating the circumstances surrounding the operation of the	43753
vehicle, may arrest and detain the person.	43754

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	43755
municipal police officer, member of a police force employed by a	43756
metropolitan housing authority under division (D) of section	43757
3735.31 of the Revised Code, member of a police force employed by	43758
a regional transit authority under division (Y) of section 306.35	43759
of the Revised Code, special police officer employed by a port	43760
authority under section 4582.04 or 4582.28 of the Revised Code,	43761
special police officer employed by a municipal corporation at a	43762
municipal airport or other municipal air navigation facility	43763
described in division (A) of this section, township constable,	43764
police officer of a township or joint ~~township~~ police district,	43765
state university law enforcement officer appointed under section	43766
3345.04 of the Revised Code, peace officer of the department of	43767
natural resources, individual designated to perform law	43768
enforcement duties under section 511.232, 1545.13, or 6101.75 of	43769
the Revised Code, the house sergeant at arms if the house sergeant	43770
at arms has arrest authority pursuant to division (E)(1) of	43771
section 101.311 of the Revised Code, or an assistant house	43772
sergeant at arms is authorized by division (A) or (B) of this	43773
section to arrest and detain, within the limits of the political	43774
subdivision, metropolitan housing authority housing project,	43775
regional transit authority facilities or those areas of a	43776
municipal corporation that have been agreed to by a regional	43777
transit authority and a municipal corporation located within its	43778
territorial jurisdiction, port authority, municipal airport or	43779
other municipal air navigation facility, college, or university in	43780
which the officer is appointed, employed, or elected or within the	43781
limits of the territorial jurisdiction of the peace officer, a	43782
person until a warrant can be obtained, the peace officer, outside	43783
the limits of that territory, may pursue, arrest, and detain that	43784
person until a warrant can be obtained if all of the following	43785
apply:	43786

(1) The pursuit takes place without unreasonable delay after	43787
the offense is committed;	43788

(2) The pursuit is initiated within the limits of the	43789
political subdivision, metropolitan housing authority housing	43790
project, regional transit authority facilities or those areas of a	43791
municipal corporation that have been agreed to by a regional	43792
transit authority and a municipal corporation located within its	43793
territorial jurisdiction, port authority, municipal airport or	43794
other municipal air navigation facility, college, or university in	43795
which the peace officer is appointed, employed, or elected or	43796
within the limits of the territorial jurisdiction of the peace	43797
officer;	43798

(3) The offense involved is a felony, a misdemeanor of the	43799
first degree or a substantially equivalent municipal ordinance, a	43800
misdemeanor of the second degree or a substantially equivalent	43801
municipal ordinance, or any offense for which points are	43802
chargeable pursuant to section 4510.036 of the Revised Code.	43803

(E) In addition to the authority granted under division (A)	43804
or (B) of this section:	43805

(1) A sheriff or deputy sheriff may arrest and detain, until	43806
a warrant can be obtained, any person found violating section	43807
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	43808
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	43809
portion of any street or highway that is located immediately	43810
adjacent to the boundaries of the county in which the sheriff or	43811
deputy sheriff is elected or appointed.	43812

(2) A member of the police force of a township police	43813
district created under section 505.48 of the Revised Code, a	43814
member of the police force of a joint ~~township~~ police district	43815
created under section ~~505.481~~505.482 of the Revised Code, or a	43816
township constable appointed in accordance with section 509.01 of	43817
the Revised Code, who has received a certificate from the Ohio	43818
peace officer training commission under section 109.75 of the	43819
Revised Code, may arrest and detain, until a warrant can be	43820
obtained, any person found violating any section or chapter of the	43821
Revised Code listed in division (E)(1) of this section, other than	43822
sections 4513.33 and 4513.34 of the Revised Code, on the portion	43823
of any street or highway that is located immediately adjacent to	43824
the boundaries of the township police district or joint ~~township~~	43825
police district, in the case of a member of a township police	43826
district or joint ~~township~~ police district police force, or the	43827
unincorporated territory of the township, in the case of a	43828
township constable. However, if the population of the township	43829
that created the township police district served by the member's	43830
police force, or the townships and municipal corporations that	43831
created the joint ~~township~~ police district served by the member's	43832
police force, or the township that is served by the township	43833
constable, is sixty thousand or less, the member of the township	43834
police district or joint police district police force or the	43835
township constable may not make an arrest under division (E)(2) of	43836
this section on a state highway that is included as part of the	43837
interstate system.	43838

(3) A police officer or village marshal appointed, elected,	43839
or employed by a municipal corporation may arrest and detain,	43840
until a warrant can be obtained, any person found violating any	43841
section or chapter of the Revised Code listed in division (E)(1)	43842
of this section on the portion of any street or highway that is	43843
located immediately adjacent to the boundaries of the municipal	43844
corporation in which the police officer or village marshal is	43845
appointed, elected, or employed.	43846

(4) A peace officer of the department of natural resources, a	43847
state fire marshal law enforcement officer described in division	43848
(A)(23) of section 109.71 of the Revised Code, or an individual	43849
designated to perform law enforcement duties under section	43850
511.232, 1545.13, or 6101.75 of the Revised Code may arrest and	43851
detain, until a warrant can be obtained, any person found	43852
violating any section or chapter of the Revised Code listed in	43853
division (E)(1) of this section, other than sections 4513.33 and	43854
4513.34 of the Revised Code, on the portion of any street or	43855
highway that is located immediately adjacent to the boundaries of	43856
the lands and waters that constitute the territorial jurisdiction	43857
of the peace officer or state fire marshal law enforcement	43858
officer.	43859

(F)(1) A department of mental health special police officer	43860
or a department of developmental disabilities special police	43861
officer may arrest without a warrant and detain until a warrant	43862
can be obtained any person found committing on the premises of any	43863
institution under the jurisdiction of the particular department a	43864
misdemeanor under a law of the state.	43865

A department of mental health special police officer or a	43866
department of developmental disabilities special police officer	43867
may arrest without a warrant and detain until a warrant can be	43868
obtained any person who has been hospitalized, institutionalized,	43869
or confined in an institution under the jurisdiction of the	43870
particular department pursuant to or under authority of section	43871
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	43872
2945.402 of the Revised Code and who is found committing on the	43873
premises of any institution under the jurisdiction of the	43874
particular department a violation of section 2921.34 of the	43875
Revised Code that involves an escape from the premises of the	43876
institution.	43877

(2)(a) If a department of mental health special police	43878
officer or a department of developmental disabilities special	43879
police officer finds any person who has been hospitalized,	43880
institutionalized, or confined in an institution under the	43881
jurisdiction of the particular department pursuant to or under	43882
authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,	43883
2945.401, or 2945.402 of the Revised Code committing a violation	43884
of section 2921.34 of the Revised Code that involves an escape	43885
from the premises of the institution, or if there is reasonable	43886
ground to believe that a violation of section 2921.34 of the	43887
Revised Code has been committed that involves an escape from the	43888
premises of an institution under the jurisdiction of the	43889
department of mental health or the department of developmental	43890
disabilities and if a department of mental health special police	43891
officer or a department of developmental disabilities special	43892
police officer has reasonable cause to believe that a particular	43893
person who has been hospitalized, institutionalized, or confined	43894
in the institution pursuant to or under authority of section	43895
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	43896
2945.402 of the Revised Code is guilty of the violation, the	43897
special police officer, outside of the premises of the	43898
institution, may pursue, arrest, and detain that person for that	43899
violation of section 2921.34 of the Revised Code, until a warrant	43900
can be obtained, if both of the following apply:	43901

(i) The pursuit takes place without unreasonable delay after	43902
the offense is committed;	43903

(ii) The pursuit is initiated within the premises of the	43904
institution from which the violation of section 2921.34 of the	43905
Revised Code occurred.	43906

(b) For purposes of division (F)(2)(a) of this section, the	43907
execution of a written statement by the administrator of the	43908
institution in which a person had been hospitalized,	43909
institutionalized, or confined pursuant to or under authority of	43910
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	43911
2945.402 of the Revised Code alleging that the person has escaped	43912
from the premises of the institution in violation of section	43913
2921.34 of the Revised Code constitutes reasonable ground to	43914
believe that the violation was committed and reasonable cause to	43915
believe that the person alleged in the statement to have committed	43916
the offense is guilty of the violation.	43917

(G) As used in this section:

43918

(1) A "department of mental health special police officer"	43919
means a special police officer of the department of mental health	43920
designated under section 5119.14 of the Revised Code who is	43921
certified by the Ohio peace officer training commission under	43922
section 109.77 of the Revised Code as having successfully	43923
completed an approved peace officer basic training program.	43924

(2) A "department of developmental disabilities special	43925
police officer" means a special police officer of the department	43926
of developmental disabilities designated under section 5123.13 of	43927
the Revised Code who is certified by the Ohio peace officer	43928
training council under section 109.77 of the Revised Code as	43929
having successfully completed an approved peace officer basic	43930
training program.	43931

(3) "Deadly weapon" has the same meaning as in section	43932
2923.11 of the Revised Code.	43933

(4) "Family or household member" has the same meaning as in	43934
section 2919.25 of the Revised Code.	43935

(5) "Street" or "highway" has the same meaning as in section	43936
4511.01 of the Revised Code.	43937

(6) "Interstate system" has the same meaning as in section	43938
5516.01 of the Revised Code.	43939

(7) "Peace officer of the department of natural resources"	43940
means an employee of the department of natural resources who is a	43941
natural resources law enforcement staff officer designated	43942
pursuant to section 1501.013 of the Revised Code, a forest officer	43943
designated pursuant to section 1503.29 of the Revised Code, a	43944
preserve officer designated pursuant to section 1517.10 of the	43945
Revised Code, a wildlife officer designated pursuant to section	43946
1531.13 of the Revised Code, a park officer designated pursuant to	43947
section 1541.10 of the Revised Code, or a state watercraft officer	43948
designated pursuant to section 1547.521 of the Revised Code.	43949

(8) "Portion of any street or highway" means all lanes of the	43950
street or highway irrespective of direction of travel, including	43951
designated turn lanes, and any berm, median, or shoulder.	43952

Sec. 2945.371. (A) If the issue of a defendant's competence	43953
to stand trial is raised or if a defendant enters a plea of not	43954
guilty by reason of insanity, the court may order one or more	43955
evaluations of the defendant's present mental condition or, in the	43956
case of a plea of not guilty by reason of insanity, of the	43957
defendant's mental condition at the time of the offense charged.	43958
An examiner shall conduct the evaluation.	43959

(B) If the court orders more than one evaluation under	43960
division (A) of this section, the prosecutor and the defendant may	43961
recommend to the court an examiner whom each prefers to perform	43962
one of the evaluations. If a defendant enters a plea of not guilty	43963
by reason of insanity and if the court does not designate an	43964
examiner recommended by the defendant, the court shall inform the	43965
defendant that the defendant may have independent expert	43966
evaluation and that, if the defendant is unable to obtain	43967
independent expert evaluation, it will be obtained for the	43968
defendant at public expense if the defendant is indigent.	43969

(C) If the court orders an evaluation under division (A) of	43970
this section, the defendant shall be available at the times and	43971
places established by the examiners who are to conduct the	43972
evaluation. The court may order a defendant who has been released	43973
on bail or recognizance to submit to an evaluation under this	43974
section. If a defendant who has been released on bail or	43975
recognizance refuses to submit to a complete evaluation, the court	43976
may amend the conditions of bail or recognizance and order the	43977
sheriff to take the defendant into custody and deliver the	43978
defendant to a center, program, or facility operated or certified	43979
by the department of mental health or the department of	43980
developmental disabilities where the defendant may be held for	43981
evaluation for a reasonable period of time not to exceed twenty	43982
days.	43983

(D) A defendant who has not been released on bail or	43984
recognizance may be evaluated at the defendant's place of	43985
detention. Upon the request of the examiner, the court may order	43986
the sheriff to transport the defendant to a program or facility	43987
operated or certified by the department of mental health or the	43988
department of developmental disabilities, where the defendant may	43989
be held for evaluation for a reasonable period of time not to	43990
exceed twenty days, and to return the defendant to the place of	43991
detention after the evaluation. A municipal court may make an	43992
order under this division only upon the request of a certified	43993
forensic center examiner.	43994

(E) If a court orders the evaluation to determine a	43995
defendant's mental condition at the time of the offense charged,	43996
the court shall inform the examiner of the offense with which the	43997
defendant is charged.	43998

(F) In conducting an evaluation of a defendant's mental	43999
condition at the time of the offense charged, the examiner shall	44000
consider all relevant evidence. If the offense charged involves	44001
the use of force against another person, the relevant evidence to	44002
be considered includes, but is not limited to, any evidence that	44003
the defendant suffered, at the time of the commission of the	44004
offense, from the "battered woman syndrome."	44005

(G) The examiner shall file a written report with the court	44006
within thirty days after entry of a court order for evaluation,	44007
and the court shall provide copies of the report to the prosecutor	44008
and defense counsel. The report shall include all of the	44009
following:	44010

(1) The examiner's findings;

44011

(2) The facts in reasonable detail on which the findings are	44012
based;	44013

(3) If the evaluation was ordered to determine the	44014
defendant's competence to stand trial, all of the following	44015
findings or recommendations that are applicable:	44016

(a) Whether the defendant is capable of understanding the	44017
nature and objective of the proceedings against the defendant or	44018
of assisting in the defendant's defense;	44019

(b) If the examiner's opinion is that the defendant is	44020
incapable of understanding the nature and objective of the	44021
proceedings against the defendant or of assisting in the	44022
defendant's defense, whether the defendant presently is mentally	44023
ill or mentally retarded and, if the examiner's opinion is that	44024
the defendant presently is mentally retarded, whether the	44025
defendant appears to be a mentally retarded person subject to	44026
institutionalization by court order;	44027

(c) If the examiner's opinion is that the defendant is	44028
incapable of understanding the nature and objective of the	44029
proceedings against the defendant or of assisting in the	44030
defendant's defense, the examiner's opinion as to the likelihood	44031
of the defendant becoming capable of understanding the nature and	44032
objective of the proceedings against the defendant and of	44033
assisting in the defendant's defense within one year if the	44034
defendant is provided with a course of treatment;	44035

(d) If the examiner's opinion is that the defendant is	44036
incapable of understanding the nature and objective of the	44037
proceedings against the defendant or of assisting in the	44038
defendant's defense and that the defendant presently is mentally	44039
ill or mentally retarded, the examiner's recommendation as to the	44040
least restrictive ~~treatment~~placement or commitment alternative,	44041
consistent with the defendant's treatment needs for restoration to	44042
competency and with the safety of the community;	44043

(e) If the defendant is charged with a misdemeanor offense	44044
that is not an offense of violence and the examiner's opinion is	44045
that the defendant is incapable of understanding the nature and	44046
objective of the proceedings against the defendant or of assisting	44047
in the defendant's defense and that the defendant is presently	44048
mentally ill or mentally retarded, the examiner's recommendation	44049
as to whether the defendant is amenable to engagement in mental	44050
health treatment or developmental disability services.	44051

(4) If the evaluation was ordered to determine the	44052
defendant's mental condition at the time of the offense charged,	44053
the examiner's findings as to whether the defendant, at the time	44054
of the offense charged, did not know, as a result of a severe	44055
mental disease or defect, the wrongfulness of the defendant's acts	44056
charged.	44057

(H) If the examiner's report filed under division (G) of this	44058
section indicates that in the examiner's opinion the defendant is	44059
incapable of understanding the nature and objective of the	44060
proceedings against the defendant or of assisting in the	44061
defendant's defense and that in the examiner's opinion the	44062
defendant appears to be a mentally retarded person subject to	44063
institutionalization by court order, the court shall order the	44064
defendant to undergo a separate mental retardation evaluation	44065
conducted by a psychologist designated by the director of	44066
developmental disabilities. Divisions (C) to (F) of this section	44067
apply in relation to a separate mental retardation evaluation	44068
conducted under this division. The psychologist appointed under	44069
this division to conduct the separate mental retardation	44070
evaluation shall file a written report with the court within	44071
thirty days after the entry of the court order requiring the	44072
separate mental retardation evaluation, and the court shall	44073
provide copies of the report to the prosecutor and defense	44074
counsel. The report shall include all of the information described	44075
in divisions (G)(1) to (4) of this section. If the court orders a	44076
separate mental retardation evaluation of a defendant under this	44077
division, the court shall not conduct a hearing under divisions	44078
(B) to (H) of section 2945.37 of the Revised Code regarding that	44079
defendant until a report of the separate mental retardation	44080
evaluation conducted under this division has been filed. Upon the	44081
filing of that report, the court shall conduct the hearing within	44082
the period of time specified in division (C) of section 2945.37 of	44083
the Revised Code.	44084

(I) An examiner appointed under divisions (A) and (B) of this	44085
section or under division (H) of this section to evaluate a	44086
defendant to determine the defendant's competence to stand trial	44087
also may be appointed to evaluate a defendant who has entered a	44088
plea of not guilty by reason of insanity, but an examiner of that	44089
nature shall prepare separate reports on the issue of competence	44090
to stand trial and the defense of not guilty by reason of	44091
insanity.	44092

(J) No statement that a defendant makes in an evaluation or	44093
hearing under divisions (A) to (H) of this section relating to the	44094
defendant's competence to stand trial or to the defendant's mental	44095
condition at the time of the offense charged shall be used against	44096
the defendant on the issue of guilt in any criminal action or	44097
proceeding, but, in a criminal action or proceeding, the	44098
prosecutor or defense counsel may call as a witness any person who	44099
evaluated the defendant or prepared a report pursuant to a	44100
referral under this section. Neither the appointment nor the	44101
testimony of an examiner appointed under this section precludes	44102
the prosecutor or defense counsel from calling other witnesses or	44103
presenting other evidence on competency or insanity issues.	44104

(K) Persons appointed as examiners under divisions (A) and	44105
(B) of this section or under division (H) of this section shall be	44106
paid a reasonable amount for their services and expenses, as	44107
certified by the court. The certified amount shall be paid by the	44108
county in the case of county courts and courts of common pleas and	44109
by the legislative authority, as defined in section 1901.03 of the	44110
Revised Code, in the case of municipal courts.	44111

Sec. 2945.38. (A) If the issue of a defendant's competence	44112
to stand trial is raised and if the court, upon conducting the	44113
hearing provided for in section 2945.37 of the Revised Code, finds	44114
that the defendant is competent to stand trial, the defendant	44115
shall be proceeded against as provided by law. If the court finds	44116
the defendant competent to stand trial and the defendant is	44117
receiving psychotropic drugs or other medication, the court may	44118
authorize the continued administration of the drugs or medication	44119
or other appropriate treatment in order to maintain the	44120
defendant's competence to stand trial, unless the defendant's	44121
attending physician advises the court against continuation of the	44122
drugs, other medication, or treatment.	44123

(B)(1)(a) If, after taking into consideration all relevant	44124
reports, information, and other evidence, the court finds that the	44125
defendant is incompetent to stand trial and that there is a	44126
substantial probability that the defendant will become competent	44127
to stand trial within one year if the defendant is provided with a	44128
course of treatment, the court shall order the defendant to	44129
undergo treatment. If the defendant has been charged with a felony	44130
offense and if, after taking into consideration all relevant	44131
reports, information, and other evidence, the court finds that the	44132
defendant is incompetent to stand trial, but the court is unable	44133
at that time to determine whether there is a substantial	44134
probability that the defendant will become competent to stand	44135
trial within one year if the defendant is provided with a course	44136
of treatment, the court shall order continuing evaluation and	44137
treatment of the defendant for a period not to exceed four months	44138
to determine whether there is a substantial probability that the	44139
defendant will become competent to stand trial within one year if	44140
the defendant is provided with a course of treatment.	44141

(b) The court order for the defendant to undergo treatment or	44142
continuing evaluation and treatment under division (B)(1)(a) of	44143
this section shall specify that the defendant, if determined to	44144
require mental health treatment or continuing evaluation and	44145
treatment, shall be committed to the department of mental health	44146
for treatment or continuing evaluation and treatment ~~shall occur~~	44147
at a hospital, facility, or agency, as determined to be clinically	44148
appropriate by the department of mental health and, if determined	44149
to require treatment or continuing evaluation and treatment for a	44150
developmental disability, shall receive treatment or continuing	44151
evaluation and treatment at an institution or facility operated by	44152
the department of ~~mental health or the department of~~ developmental	44153
disabilities, at a facility certified by ~~either of those~~	44154
~~departments~~the department of developmental disabilities as being	44155
qualified to treat ~~mental illness or~~ mental retardation, at a	44156
public or private community mental ~~health or mental~~ retardation	44157
facility, or by a ~~psychiatrist or another~~ mental ~~health or mental~~	44158
retardation professional. The order may restrict the defendant's	44159
freedom of movement as the court considers necessary. The	44160
prosecutor in the defendant's case shall send to the chief	44161
clinical officer of the hospital or, facility, or agency where	44162
the defendant is placed by the department of mental health, or to	44163
the managing officer of the institution, the director of the	44164
~~program~~facility, or the person to which the defendant is	44165
committed, copies of relevant police reports and other background	44166
information that pertains to the defendant and is available to the	44167
prosecutor unless the prosecutor determines that the release of	44168
any of the information in the police reports or any of the other	44169
background information to unauthorized persons would interfere	44170
with the effective prosecution of any person or would create a	44171
substantial risk of harm to any person.	44172

In committing the defendant to the department of mental	44173
health, the court shall consider the extent to which the person is	44174
a danger to the person and to others, the need for security, and	44175
the type of crime involved and, if the court finds that	44176
restrictions on the defendant's freedom of movement are necessary,	44177
shall specify the least restrictive limitations on the person's	44178
freedom of movement determined to be necessary to protect public	44179
safety. In determining ~~placement~~commitment alternatives for	44180
defendants determined to require treatment or continuing	44181
evaluation and treatment for developmental disabilities, the court	44182
shall consider the extent to which the person is a danger to the	44183
person and to others, the need for security, and the type of crime	44184
involved and shall order the least restrictive alternative	44185
available that is consistent with public safety and treatment	44186
goals. In weighing these factors, the court shall give preference	44187
to protecting public safety.	44188

(c) If the defendant is found incompetent to stand trial, if	44189
the chief clinical officer of the hospital or, facility, or agency	44190
where the defendant is placed, or the managing officer of the	44191
institution, the director of the ~~program~~facility, or the person	44192
to which the defendant is committed for treatment or continuing	44193
evaluation and treatment under division (B)(1)(b) of this section	44194
determines that medication is necessary to restore the defendant's	44195
competency to stand trial, and if the defendant lacks the capacity	44196
to give informed consent or refuses medication, the chief clinical	44197
officer of the hospital, facility, or agency where the defendant	44198
is placed, or the managing officer of the institution, the	44199
director of the facility, or the person to which the defendant is	44200
committed for treatment or continuing evaluation and treatment may	44201
petition the court for authorization for the involuntary	44202
administration of medication. The court shall hold a hearing on	44203
the petition within five days of the filing of the petition if the	44204
petition was filed in a municipal court or a county court	44205
regarding an incompetent defendant charged with a misdemeanor or	44206
within ten days of the filing of the petition if the petition was	44207
filed in a court of common pleas regarding an incompetent	44208
defendant charged with a felony offense. Following the hearing,	44209
the court may authorize the involuntary administration of	44210
medication or may dismiss the petition.	44211

(d) If the defendant is charged with a misdemeanor offense	44212
that is not an offense of violence, the prosecutor may hold the	44213
charges in abeyance while the defendant engages in mental health	44214
treatment or developmental disability services.	44215

(2) If the court finds that the defendant is incompetent to	44216
stand trial and that, even if the defendant is provided with a	44217
course of treatment, there is not a substantial probability that	44218
the defendant will become competent to stand trial within one	44219
year, the court shall order the discharge of the defendant, unless	44220
upon motion of the prosecutor or on its own motion, the court	44221
either seeks to retain jurisdiction over the defendant pursuant to	44222
section 2945.39 of the Revised Code or files an affidavit in the	44223
probate court for the civil commitment of the defendant pursuant	44224
to Chapter 5122. or 5123. of the Revised Code alleging that the	44225
defendant is a mentally ill person subject to hospitalization by	44226
court order or a mentally retarded person subject to	44227
institutionalization by court order. If an affidavit is filed in	44228
the probate court, the trial court shall send to the probate court	44229
copies of all written reports of the defendant's mental condition	44230
that were prepared pursuant to section 2945.371 of the Revised	44231
Code.	44232

The trial court may issue the temporary order of detention	44233
that a probate court may issue under section 5122.11 or 5123.71 of	44234
the Revised Code, to remain in effect until the probable cause or	44235
initial hearing in the probate court. Further proceedings in the	44236
probate court are civil proceedings governed by Chapter 5122. or	44237
5123. of the Revised Code.	44238

(C) No defendant shall be required to undergo treatment,	44239
including any continuing evaluation and treatment, under division	44240
(B)(1) of this section for longer than whichever of the following	44241
periods is applicable:	44242

(1) One year, if the most serious offense with which the	44243
defendant is charged is one of the following offenses:	44244

(a) Aggravated murder, murder, or an offense of violence for	44245
which a sentence of death or life imprisonment may be imposed;	44246

(b) An offense of violence that is a felony of the first or	44247
second degree;	44248

(c) A conspiracy to commit, an attempt to commit, or	44249
complicity in the commission of an offense described in division	44250
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	44251
complicity is a felony of the first or second degree.	44252

(2) Six months, if the most serious offense with which the	44253
defendant is charged is a felony other than a felony described in	44254
division (C)(1) of this section;	44255

(3) Sixty days, if the most serious offense with which the	44256
defendant is charged is a misdemeanor of the first or second	44257
degree;	44258

(4) Thirty days, if the most serious offense with which the	44259
defendant is charged is a misdemeanor of the third or fourth	44260
degree, a minor misdemeanor, or an unclassified misdemeanor.	44261

(D) Any defendant who is committed pursuant to this section	44262
shall not voluntarily admit the defendant or be voluntarily	44263
admitted to a hospital or institution pursuant to section 5122.02,	44264
5122.15, 5123.69, or 5123.76 of the Revised Code.	44265

(E) Except as otherwise provided in this division, a	44266
defendant who is charged with an offense and is committed by the	44267
court under this section to ~~a hospital~~the department of mental	44268
health with restrictions on the defendant's freedom of movement or	44269
~~other~~is committed to an institution ~~by the court under this~~	44270
~~section~~or facility for the treatment of developmental	44271
disabilities shall not be granted unsupervised on-grounds	44272
movement, supervised off-grounds movement, or nonsecured status	44273
except in accordance with the court order. The court may grant a	44274
defendant supervised off-grounds movement to obtain medical	44275
treatment or specialized habilitation treatment services if the	44276
person who supervises the treatment or the continuing evaluation	44277
and treatment of the defendant ordered under division (B)(1)(a) of	44278
this section informs the court that the treatment or continuing	44279
evaluation and treatment cannot be provided at the hospital or	44280
facility where the defendant is placed by the department of mental	44281
health or the institution or facility to which the defendant is	44282
committed. The chief clinical officer of the hospital or facility	44283
where the defendant is placed by the department of mental health	44284
or the managing officer of the institution or director of the	44285
facility to which the defendant is committed, or a designee of	44286
~~either~~any of those persons, may grant a defendant movement to a	44287
medical facility for an emergency medical situation with	44288
appropriate supervision to ensure the safety of the defendant,	44289
staff, and community during that emergency medical situation. The	44290
chief clinical officer of the hospital or facility where the	44291
defendant is placed by the department of mental health or the	44292
managing officer of the institution or director of the facility to	44293
which the defendant is committed shall notify the court within	44294
twenty-four hours of the defendant's movement to the medical	44295
facility for an emergency medical situation under this division.	44296

(F) The person who supervises the treatment or continuing	44297
evaluation and treatment of a defendant ordered to undergo	44298
treatment or continuing evaluation and treatment under division	44299
(B)(1)(a) of this section shall file a written report with the	44300
court at the following times:	44301

(1) Whenever the person believes the defendant is capable of	44302
understanding the nature and objective of the proceedings against	44303
the defendant and of assisting in the defendant's defense;	44304

(2) For a felony offense, fourteen days before expiration of	44305
the maximum time for treatment as specified in division (C) of	44306
this section and fourteen days before the expiration of the	44307
maximum time for continuing evaluation and treatment as specified	44308
in division (B)(1)(a) of this section, and, for a misdemeanor	44309
offense, ten days before the expiration of the maximum time for	44310
treatment, as specified in division (C) of this section;	44311

(3) At a minimum, after each six months of treatment;

44312

(4) Whenever the person who supervises the treatment or	44313
continuing evaluation and treatment of a defendant ordered under	44314
division (B)(1)(a) of this section believes that there is not a	44315
substantial probability that the defendant will become capable of	44316
understanding the nature and objective of the proceedings against	44317
the defendant or of assisting in the defendant's defense even if	44318
the defendant is provided with a course of treatment.	44319

(G) A report under division (F) of this section shall contain	44320
the examiner's findings, the facts in reasonable detail on which	44321
the findings are based, and the examiner's opinion as to the	44322
defendant's capability of understanding the nature and objective	44323
of the proceedings against the defendant and of assisting in the	44324
defendant's defense. If, in the examiner's opinion, the defendant	44325
remains incapable of understanding the nature and objective of the	44326
proceedings against the defendant and of assisting in the	44327
defendant's defense and there is a substantial probability that	44328
the defendant will become capable of understanding the nature and	44329
objective of the proceedings against the defendant and of	44330
assisting in the defendant's defense if the defendant is provided	44331
with a course of treatment, if in the examiner's opinion the	44332
defendant remains mentally ill or mentally retarded, and if the	44333
maximum time for treatment as specified in division (C) of this	44334
section has not expired, the report also shall contain the	44335
examiner's recommendation as to the least restrictive ~~treatment~~	44336
placement or commitment alternative that is consistent with the	44337
defendant's treatment needs for restoration to competency and with	44338
the safety of the community. The court shall provide copies of the	44339
report to the prosecutor and defense counsel.	44340

(H) If a defendant is committed pursuant to division (B)(1)	44341
of this section, within ten days after the treating physician of	44342
the defendant or the examiner of the defendant who is employed or	44343
retained by the treating facility advises that there is not a	44344
substantial probability that the defendant will become capable of	44345
understanding the nature and objective of the proceedings against	44346
the defendant or of assisting in the defendant's defense even if	44347
the defendant is provided with a course of treatment, within ten	44348
days after the expiration of the maximum time for treatment as	44349
specified in division (C) of this section, within ten days after	44350
the expiration of the maximum time for continuing evaluation and	44351
treatment as specified in division (B)(1)(a) of this section,	44352
within thirty days after a defendant's request for a hearing that	44353
is made after six months of treatment, or within thirty days after	44354
being advised by the treating physician or examiner that the	44355
defendant is competent to stand trial, whichever is the earliest,	44356
the court shall conduct another hearing to determine if the	44357
defendant is competent to stand trial and shall do whichever of	44358
the following is applicable:	44359

(1) If the court finds that the defendant is competent to	44360
stand trial, the defendant shall be proceeded against as provided	44361
by law.	44362

(2) If the court finds that the defendant is incompetent to	44363
stand trial, but that there is a substantial probability that the	44364
defendant will become competent to stand trial if the defendant is	44365
provided with a course of treatment, and the maximum time for	44366
treatment as specified in division (C) of this section has not	44367
expired, the court, after consideration of the examiner's	44368
recommendation, shall order that treatment be continued, may	44369
change the ~~facility or program at which the treatment is to be~~	44370
~~continued~~least restrictive limitations on the defendant's freedom	44371
of movement, and, if applicable, shall specify whether the	44372
treatment for developmental disabilities is to be continued at the	44373
same or a different facility or ~~program~~institution.	44374

(3) If the court finds that the defendant is incompetent to	44375
stand trial, if the defendant is charged with an offense listed in	44376
division (C)(1) of this section, and if the court finds that there	44377
is not a substantial probability that the defendant will become	44378
competent to stand trial even if the defendant is provided with a	44379
course of treatment, or if the maximum time for treatment relative	44380
to that offense as specified in division (C) of this section has	44381
expired, further proceedings shall be as provided in sections	44382
2945.39, 2945.401, and 2945.402 of the Revised Code.	44383

(4) If the court finds that the defendant is incompetent to	44384
stand trial, if the most serious offense with which the defendant	44385
is charged is a misdemeanor or a felony other than a felony listed	44386
in division (C)(1) of this section, and if the court finds that	44387
there is not a substantial probability that the defendant will	44388
become competent to stand trial even if the defendant is provided	44389
with a course of treatment, or if the maximum time for treatment	44390
relative to that offense as specified in division (C) of this	44391
section has expired, the court shall dismiss the indictment,	44392
information, or complaint against the defendant. A dismissal under	44393
this division is not a bar to further prosecution based on the	44394
same conduct. The court shall discharge the defendant unless the	44395
court or prosecutor files an affidavit in probate court for civil	44396
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	44397
If an affidavit for civil commitment is filed, the court may	44398
detain the defendant for ten days pending civil commitment. All of	44399
the following provisions apply to persons charged with a	44400
misdemeanor or a felony other than a felony listed in division	44401
(C)(1) of this section who are committed by the probate court	44402
subsequent to the court's or prosecutor's filing of an affidavit	44403
for civil commitment under authority of this division:	44404

(a) The chief clinical officer of the entity, hospital, or	44405
facility, the managing officer of the institution~~, the director of~~	44406
~~the program~~, or the person to which the defendant is committed or	44407
admitted shall do all of the following:	44408

(i) Notify the prosecutor, in writing, of the discharge of	44409
the defendant, send the notice at least ten days prior to the	44410
discharge unless the discharge is by the probate court, and state	44411
in the notice the date on which the defendant will be discharged;	44412

(ii) Notify the prosecutor, in writing, when the defendant is	44413
absent without leave or is granted unsupervised, off-grounds	44414
movement, and send this notice promptly after the discovery of the	44415
absence without leave or prior to the granting of the	44416
unsupervised, off-grounds movement, whichever is applicable;	44417

(iii) Notify the prosecutor, in writing, of the change of the	44418
defendant's commitment or admission to voluntary status, send the	44419
notice promptly upon learning of the change to voluntary status,	44420
and state in the notice the date on which the defendant was	44421
committed or admitted on a voluntary status.	44422

(b) Upon receiving notice that the defendant will be granted	44423
unsupervised, off-grounds movement, the prosecutor either shall	44424
re-indict the defendant or promptly notify the court that the	44425
prosecutor does not intend to prosecute the charges against the	44426
defendant.	44427

(I) If a defendant is convicted of a crime and sentenced to a	44428
jail or workhouse, the defendant's sentence shall be reduced by	44429
the total number of days the defendant is confined for evaluation	44430
to determine the defendant's competence to stand trial or	44431
treatment under this section and sections 2945.37 and 2945.371 of	44432
the Revised Code or by the total number of days the defendant is	44433
confined for evaluation to determine the defendant's mental	44434
condition at the time of the offense charged.	44435

Sec. 2945.39. (A) If a defendant who is charged with an	44436
offense described in division (C)(1) of section 2945.38 of the	44437
Revised Code is found incompetent to stand trial, after the	44438
expiration of the maximum time for treatment as specified in	44439
division (C) of that section or after the court finds that there	44440
is not a substantial probability that the defendant will become	44441
competent to stand trial even if the defendant is provided with a	44442
course of treatment, one of the following applies:	44443

(1) The court or the prosecutor may file an affidavit in	44444
probate court for civil commitment of the defendant in the manner	44445
provided in Chapter 5122. or 5123. of the Revised Code. If the	44446
court or prosecutor files an affidavit for civil commitment, the	44447
court may detain the defendant for ten days pending civil	44448
commitment. If the probate court commits the defendant subsequent	44449
to the court's or prosecutor's filing of an affidavit for civil	44450
commitment, the chief clinical officer of the entity, hospital, or	44451
facility, the managing officer of the institution, ~~the director of~~	44452
~~the program,~~ or the person to which the defendant is committed or	44453
admitted shall send to the prosecutor the notices described in	44454
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised	44455
Code within the periods of time and under the circumstances	44456
specified in those divisions.	44457

(2) On the motion of the prosecutor or on its own motion, the	44458
court may retain jurisdiction over the defendant if, at a hearing,	44459
the court finds both of the following by clear and convincing	44460
evidence:	44461

(a) The defendant committed the offense with which the	44462
defendant is charged.	44463

(b) The defendant is a mentally ill person subject to	44464
hospitalization by court order or a mentally retarded person	44465
subject to institutionalization by court order.	44466

(B) In making its determination under division (A)(2) of this	44467
section as to whether to retain jurisdiction over the defendant,	44468
the court may consider all relevant evidence, including, but not	44469
limited to, any relevant psychiatric, psychological, or medical	44470
testimony or reports, the acts constituting the offense charged,	44471
and any history of the defendant that is relevant to the	44472
defendant's ability to conform to the law.	44473

(C) If the court conducts a hearing as described in division	44474
(A)(2) of this section and if the court does not make both	44475
findings described in divisions (A)(2)(a) and (b) of this section	44476
by clear and convincing evidence, the court shall dismiss the	44477
indictment, information, or complaint against the defendant. Upon	44478
the dismissal, the court shall discharge the defendant unless the	44479
court or prosecutor files an affidavit in probate court for civil	44480
commitment of the defendant pursuant to Chapter 5122. or 5123. of	44481
the Revised Code. If the court or prosecutor files an affidavit	44482
for civil commitment, the court may order that the defendant be	44483
detained for up to ten days pending the civil commitment. If the	44484
probate court commits the defendant subsequent to the court's or	44485
prosecutor's filing of an affidavit for civil commitment, the	44486
chief clinical officer of the entity, hospital, or facility, the	44487
managing officer of the institution, ~~the director of the program,~~	44488
or the person to which the defendant is committed or admitted	44489
shall send to the prosecutor the notices described in divisions	44490
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code	44491
within the periods of time and under the circumstances specified	44492
in those divisions. A dismissal of charges under this division is	44493
not a bar to further criminal proceedings based on the same	44494
conduct.	44495

(D)(1) If the court conducts a hearing as described in	44496
division (A)(2) of this section and if the court makes the	44497
findings described in divisions (A)(2)(a) and (b) of this section	44498
by clear and convincing evidence, the court shall commit the	44499
defendant, if determined to require mental health treatment, to a	44500
~~hospital operated by~~ the department of mental health for treatment	44501
at a hospital, facility, or agency as determined clinically	44502
appropriate by the department of mental health or, if determined	44503
to require treatment for developmental disabilities, to a facility	44504
operated by the department of developmental disabilities, or	44505
another ~~medical or psychiatric~~ facility, as appropriate. In	44506
committing the defendant to the department of mental health, the	44507
court shall specify the least restrictive limitations on the	44508
defendant's freedom of movement determined to be necessary to	44509
protect public safety. In determining the place and nature of the	44510
commitment to a facility operated by the department of	44511
developmental disabilities or another facility for treatment of	44512
developmental disabilities, the court shall order the least	44513
restrictive commitment alternative available that is consistent	44514
with public safety and the welfare of the defendant. In weighing	44515
these factors, the court shall give preference to protecting	44516
public safety.	44517

(2) If a court makes a commitment of a defendant under	44518
division (D)(1) of this section, the prosecutor shall send to the	44519
hospital, facility, or agency where the defendant is placed by the	44520
department of mental health or to the defendant's place of	44521
commitment all reports of the defendant's current mental condition	44522
and, except as otherwise provided in this division, any other	44523
relevant information, including, but not limited to, a transcript	44524
of the hearing held pursuant to division (A)(2) of this section,	44525
copies of relevant police reports, and copies of any prior arrest	44526
and conviction records that pertain to the defendant and that the	44527
prosecutor possesses. The prosecutor shall send the reports of the	44528
defendant's current mental condition in every case of commitment,	44529
and, unless the prosecutor determines that the release of any of	44530
the other relevant information to unauthorized persons would	44531
interfere with the effective prosecution of any person or would	44532
create a substantial risk of harm to any person, the prosecutor	44533
also shall send the other relevant information. ~~Upon admission of~~	44534
~~a defendant committed under division (D)(1) of this section, the~~	44535
~~place of commitment shall send to the board of alcohol, drug~~	44536
~~addiction, and mental health services or the community mental~~	44537
~~health board serving the county in which the charges against the~~	44538
~~defendant were filed a copy of all reports of the defendant's~~	44539
~~current mental condition and a copy of the other relevant~~	44540
~~information provided by the prosecutor under this division,~~	44541
~~including, if provided, a transcript of the hearing held pursuant~~	44542
~~to division (A)(2) of this section, the relevant police reports,~~	44543
~~and the prior arrest and conviction records that pertain to the~~	44544
~~defendant and that the prosecutor possesses.~~	44545

(3) If a court makes a commitment under division (D)(1) of	44546
this section, all further proceedings shall be in accordance with	44547
sections 2945.401 and 2945.402 of the Revised Code.	44548

Sec. 2945.40. (A) If a person is found not guilty by reason	44549
of insanity, the verdict shall state that finding, and the trial	44550
court shall conduct a full hearing to determine whether the person	44551
is a mentally ill person subject to hospitalization by court order	44552
or a mentally retarded person subject to institutionalization by	44553
court order. Prior to the hearing, if the trial judge believes	44554
that there is probable cause that the person found not guilty by	44555
reason of insanity is a mentally ill person subject to	44556
hospitalization by court order or mentally retarded person subject	44557
to institutionalization by court order, the trial judge may issue	44558
a temporary order of detention for that person to remain in effect	44559
for ten court days or until the hearing, whichever occurs first.	44560

Any person detained pursuant to a temporary order of	44561
detention issued under this division shall be held in a suitable	44562
facility, taking into consideration the place and type of	44563
confinement prior to and during trial.	44564

(B) The court shall hold the hearing under division (A) of	44565
this section to determine whether the person found not guilty by	44566
reason of insanity is a mentally ill person subject to	44567
hospitalization by court order or a mentally retarded person	44568
subject to institutionalization by court order within ten court	44569
days after the finding of not guilty by reason of insanity.	44570
Failure to conduct the hearing within the ten-day period shall	44571
cause the immediate discharge of the respondent, unless the judge	44572
grants a continuance for not longer than ten court days for good	44573
cause shown or for any period of time upon motion of the	44574
respondent.	44575

(C) If a person is found not guilty by reason of insanity,	44576
the person has the right to attend all hearings conducted pursuant	44577
to sections 2945.37 to 2945.402 of the Revised Code. At any	44578
hearing conducted pursuant to one of those sections, the court	44579
shall inform the person that the person has all of the following	44580
rights:	44581

(1) The right to be represented by counsel and to have that	44582
counsel provided at public expense if the person is indigent, with	44583
the counsel to be appointed by the court under Chapter 120. of the	44584
Revised Code or under the authority recognized in division (C) of	44585
section 120.06, division (E) of section 120.16, division (E) of	44586
section 120.26, or section 2941.51 of the Revised Code;	44587

(2) The right to have independent expert evaluation and to	44588
have that independent expert evaluation provided at public expense	44589
if the person is indigent;	44590

(3) The right to subpoena witnesses and documents, to present	44591
evidence on the person's behalf, and to cross-examine witnesses	44592
against the person;	44593

(4) The right to testify in the person's own behalf and to	44594
not be compelled to testify;	44595

(5) The right to have copies of any relevant medical or	44596
mental health document in the custody of the state or of any place	44597
of commitment other than a document for which the court finds that	44598
the release to the person of information contained in the document	44599
would create a substantial risk of harm to any person.	44600

(D) The hearing under division (A) of this section shall be	44601
open to the public, and the court shall conduct the hearing in	44602
accordance with the Rules of Civil Procedure. The court shall make	44603
and maintain a full transcript and record of the hearing	44604
proceedings. The court may consider all relevant evidence,	44605
including, but not limited to, any relevant psychiatric,	44606
psychological, or medical testimony or reports, the acts	44607
constituting the offense in relation to which the person was found	44608
not guilty by reason of insanity, and any history of the person	44609
that is relevant to the person's ability to conform to the law.	44610

(E) Upon completion of the hearing under division (A) of this	44611
section, if the court finds there is not clear and convincing	44612
evidence that the person is a mentally ill person subject to	44613
hospitalization by court order or a mentally retarded person	44614
subject to institutionalization by court order, the court shall	44615
discharge the person, unless a detainer has been placed upon the	44616
person by the department of rehabilitation and correction, in	44617
which case the person shall be returned to that department.	44618

(F) If, at the hearing under division (A) of this section,	44619
the court finds by clear and convincing evidence that the person	44620
is a mentally ill person subject to hospitalization by court order	44621
or, the court shall commit the person to the department of mental	44622
health for placement in a hospital, facility, or agency as	44623
determined clinically appropriate by the department of mental	44624
health. If, at the hearing under division (A) of this section, the	44625
court finds by clear and convincing evidence that the person is a	44626
mentally retarded person subject to institutionalization by court	44627
order, it shall commit the person to a ~~hospital operated by the~~	44628
~~department of mental health, a~~ facility operated by the department	44629
of developmental disabilities, or another ~~medical or psychiatric~~	44630
facility, as appropriate~~, and further~~. Further proceedings shall	44631
be in accordance with sections 2945.401 and 2945.402 of the	44632
Revised Code. In committing the person to the department of mental	44633
health, the court shall specify the least restrictive limitations	44634
to the defendant's freedom of movement determined to be necessary	44635
to protect public safety. In determining the place and nature of	44636
the commitment of a mentally retarded person subject to	44637
institutionalization by court order, the court shall order the	44638
least restrictive commitment alternative available that is	44639
consistent with public safety and the welfare of the person. In	44640
weighing these factors, the court shall give preference to	44641
protecting public safety.	44642

(G) If a court makes a commitment of a person under division	44643
(F) of this section, the prosecutor shall send to the hospital,	44644
facility, or agency where the person is placed by the department	44645
of mental health or to the defendant's place of commitment all	44646
reports of the person's current mental condition, and, except as	44647
otherwise provided in this division, any other relevant	44648
information, including, but not limited to, a transcript of the	44649
hearing held pursuant to division (A) of this section, copies of	44650
relevant police reports, and copies of any prior arrest and	44651
conviction records that pertain to the person and that the	44652
prosecutor possesses. The prosecutor shall send the reports of the	44653
person's current mental condition in every case of commitment,	44654
and, unless the prosecutor determines that the release of any of	44655
the other relevant information to unauthorized persons would	44656
interfere with the effective prosecution of any person or would	44657
create a substantial risk of harm to any person, the prosecutor	44658
also shall send the other relevant information. ~~Upon admission of~~	44659
~~a person committed under division (F) of this section, the place~~	44660
~~of commitment shall send to the board of alcohol, drug addiction,~~	44661
~~and mental health services or the community mental health board~~	44662
~~serving the county in which the charges against the person were~~	44663
~~filed a copy of all reports of the person's current mental~~	44664
~~condition and a copy of the other relevant information provided by~~	44665
~~the prosecutor under this division, including, if provided, a~~	44666
~~transcript of the hearing held pursuant to division (A) of this~~	44667
~~section, the relevant police reports, and the prior arrest and~~	44668
~~conviction records that pertain to the person and that the~~	44669
~~prosecutor possesses.~~	44670

(H) A person who is committed pursuant to this section shall	44671
not voluntarily admit the person or be voluntarily admitted to a	44672
hospital or institution pursuant to section 5122.02, 5122.15,	44673
5123.69, or 5123.76 of the Revised Code.	44674

Sec. 2945.401. (A) A defendant found incompetent to stand	44675
trial and committed pursuant to section 2945.39 of the Revised	44676
Code or a person found not guilty by reason of insanity and	44677
committed pursuant to section 2945.40 of the Revised Code shall	44678
remain subject to the jurisdiction of the trial court pursuant to	44679
that commitment, and to the provisions of this section, until the	44680
final termination of the commitment as described in division	44681
(J)(1) of this section. If the jurisdiction is terminated under	44682
this division because of the final termination of the commitment	44683
resulting from the expiration of the maximum prison term or term	44684
of imprisonment described in division (J)(1)(b) of this section,	44685
the court or prosecutor may file an affidavit for the civil	44686
commitment of the defendant or person pursuant to Chapter 5122. or	44687
5123. of the Revised Code.	44688

(B) A hearing conducted under any provision of sections	44689
2945.37 to 2945.402 of the Revised Code shall not be conducted in	44690
accordance with Chapters 5122. and 5123. of the Revised Code. Any	44691
person who is committed pursuant to section 2945.39 or 2945.40 of	44692
the Revised Code shall not voluntarily admit the person or be	44693
voluntarily admitted to a hospital or institution pursuant to	44694
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.	44695
All other provisions of Chapters 5122. and 5123. of the Revised	44696
Code regarding hospitalization or institutionalization shall apply	44697
to the extent they are not in conflict with this chapter. A	44698
commitment under section 2945.39 or 2945.40 of the Revised Code	44699
shall not be terminated and the conditions of the commitment shall	44700
not be changed except as otherwise provided in division (D)(2) of	44701
this section with respect to a mentally retarded person subject to	44702
institutionalization by court order or except by order of the	44703
trial court.	44704

(C) The ~~hospital,~~department of mental health or the	44705
institution or facility~~, or program~~ to which a defendant or person	44706
has been committed under section 2945.39 or 2945.40 of the Revised	44707
Code shall report in writing to the trial court, at the times	44708
specified in this division, as to whether the defendant or person	44709
remains a mentally ill person subject to hospitalization by court	44710
order or a mentally retarded person subject to	44711
institutionalization by court order and, in the case of a	44712
defendant committed under section 2945.39 of the Revised Code, as	44713
to whether the defendant remains incompetent to stand trial. The	44714
~~hospital~~department, institution, or facility~~, or program~~ shall	44715
make the reports after the initial six months of treatment and	44716
every two years after the initial report is made. The trial court	44717
shall provide copies of the reports to the prosecutor and to the	44718
counsel for the defendant or person. Within thirty days after its	44719
receipt pursuant to this division of a report from ~~a hospital~~the	44720
department, institution, or facility~~, or program~~, the trial court	44721
shall hold a hearing on the continued commitment of the defendant	44722
or person or on any changes in the conditions of the commitment of	44723
the defendant or person. The defendant or person may request a	44724
change in the conditions of confinement, and the trial court shall	44725
conduct a hearing on that request if six months or more have	44726
elapsed since the most recent hearing was conducted under this	44727
section.	44728

(D)(1) Except as otherwise provided in division (D)(2) of	44729
this section, when a defendant or person has been committed under	44730
section 2945.39 or 2945.40 of the Revised Code, at any time after	44731
evaluating the risks to public safety and the welfare of the	44732
defendant or person, the ~~chief clinical officer~~designee of the	44733
department of mental health or the managing officer of the	44734
institution or director of the ~~hospital,~~ facility~~, or program~~ to	44735
which the defendant or person is committed may recommend a	44736
termination of the defendant's or person's commitment or a change	44737
in the conditions of the defendant's or person's commitment.	44738

Except as otherwise provided in division (D)(2) of this	44739
section, if the ~~chief clinical officer~~designee of the department	44740
of mental health recommends on-grounds unsupervised movement,	44741
off-grounds supervised movement, or nonsecured status for the	44742
defendant or person or termination of the defendant's or person's	44743
commitment, the following provisions apply:	44744

(a) If the ~~chief clinical officer~~department's designee	44745
recommends on-grounds unsupervised movement or off-grounds	44746
supervised movement, the ~~chief clinical officer~~department's	44747
designee shall file with the trial court an application for	44748
approval of the movement and shall send a copy of the application	44749
to the prosecutor. Within fifteen days after receiving the	44750
application, the prosecutor may request a hearing on the	44751
application and, if a hearing is requested, shall so inform the	44752
~~chief clinical officer~~department's designee. If the prosecutor	44753
does not request a hearing within the fifteen-day period, the	44754
trial court shall approve the application by entering its order	44755
approving the requested movement or, within five days after the	44756
expiration of the fifteen-day period, shall set a date for a	44757
hearing on the application. If the prosecutor requests a hearing	44758
on the application within the fifteen-day period, the trial court	44759
shall hold a hearing on the application within thirty days after	44760
the hearing is requested. If the trial court, within five days	44761
after the expiration of the fifteen-day period, sets a date for a	44762
hearing on the application, the trial court shall hold the hearing	44763
within thirty days after setting the hearing date. At least	44764
fifteen days before any hearing is held under this division, the	44765
trial court shall give the prosecutor written notice of the date,	44766
time, and place of the hearing. At the conclusion of each hearing	44767
conducted under this division, the trial court either shall	44768
approve or disapprove the application and shall enter its order	44769
accordingly.	44770

(b) If the ~~chief clinical officer~~department's designee	44771
recommends termination of the defendant's or person's commitment	44772
at any time or if the ~~chief clinical officer~~department's designee	44773
recommends the first of any nonsecured status for the defendant or	44774
person, the ~~chief clinical officer~~department's designee shall	44775
send written notice of this recommendation to the trial court and	44776
to the local forensic center. The local forensic center shall	44777
evaluate the committed defendant or person and, within thirty days	44778
after its receipt of the written notice, shall submit to the trial	44779
court and the ~~chief clinical officer~~department's designee a	44780
written report of the evaluation. The trial court shall provide a	44781
copy of the ~~chief clinical officer's~~department's designee's	44782
written notice and of the local forensic center's written report	44783
to the prosecutor and to the counsel for the defendant or person.	44784
Upon the local forensic center's submission of the report to the	44785
trial court and the ~~chief clinical officer~~department's designee,	44786
all of the following apply:	44787

(i) If the forensic center disagrees with the recommendation	44788
of the ~~chief clinical officer~~department's designee, it shall	44789
inform the ~~chief clinical officer~~department's designee and the	44790
trial court of its decision and the reasons for the decision. The	44791
~~chief clinical officer~~department's designee, after consideration	44792
of the forensic center's decision, shall either withdraw, proceed	44793
with, or modify and proceed with the recommendation. If the ~~chief~~	44794
~~clinical officer~~department's designee proceeds with, or modifies	44795
and proceeds with, the recommendation, the ~~chief clinical officer~~	44796
department's designee shall proceed in accordance with division	44797
(D)(1)(b)(iii) of this section.	44798

(ii) If the forensic center agrees with the recommendation of	44799
the ~~chief clinical officer~~department's designee, it shall inform	44800
the ~~chief clinical officer~~department's designee and the trial	44801
court of its decision and the reasons for the decision, and the	44802
~~chief clinical officer~~department's designee shall proceed in	44803
accordance with division (D)(1)(b)(iii) of this section.	44804

(iii) If the forensic center disagrees with the	44805
recommendation of the ~~chief clinical officer~~ department's	44806
designee and the ~~chief clinical officer~~department's designee	44807
proceeds with, or modifies and proceeds with, the recommendation	44808
or if the forensic center agrees with the recommendation of the	44809
~~chief clinical officer~~department's designee, the ~~chief clinical~~	44810
~~officer~~department's designee shall work with ~~the board~~community	44811
mental health agencies, programs, facilities, or boards of	44812
alcohol, drug addiction, and mental health services ~~or community~~	44813
~~mental health board serving the area, as appropriate,~~ to develop a	44814
plan to implement the recommendation. If the defendant or person	44815
is on medication, the plan shall include, but shall not be limited	44816
to, a system to monitor the defendant's or person's compliance	44817
with the prescribed medication treatment plan. The system shall	44818
include a schedule that clearly states when the defendant or	44819
person shall report for a medication compliance check. The	44820
medication compliance checks shall be based upon the effective	44821
duration of the prescribed medication, taking into account the	44822
route by which it is taken, and shall be scheduled at intervals	44823
sufficiently close together to detect a potential increase in	44824
mental illness symptoms that the medication is intended to	44825
prevent.	44826

The ~~chief clinical officer, after consultation with the board~~	44827
~~of alcohol, drug addiction, and mental health services or the~~	44828
~~community mental health board serving the area,~~department's	44829
designee shall send the recommendation and plan developed under	44830
division (D)(1)(b)(iii) of this section, in writing, to the trial	44831
court, the prosecutor and the counsel for the committed defendant	44832
or person. The trial court shall conduct a hearing on the	44833
recommendation and plan developed under division (D)(1)(b)(iii) of	44834
this section. Divisions (D)(1)(c) and (d) and (E) to (J) of this	44835
section apply regarding the hearing.	44836

(c) If the ~~chief clinical officer's~~department's designee's	44837
recommendation is for nonsecured status or termination of	44838
commitment, the prosecutor may obtain an independent expert	44839
evaluation of the defendant's or person's mental condition, and	44840
the trial court may continue the hearing on the recommendation for	44841
a period of not more than thirty days to permit time for the	44842
evaluation.	44843

The prosecutor may introduce the evaluation report or present	44844
other evidence at the hearing in accordance with the Rules of	44845
Evidence.	44846

(d) The trial court shall schedule the hearing on a ~~chief~~	44847
~~clinical officer's~~department's designee's recommendation for	44848
nonsecured status or termination of commitment and shall give	44849
reasonable notice to the prosecutor and the counsel for the	44850
defendant or person. Unless continued for independent evaluation	44851
at the prosecutor's request or for other good cause, the hearing	44852
shall be held within thirty days after the trial court's receipt	44853
of the recommendation and plan.	44854

(2)(a) Division (D)(1) of this section does not apply to	44855
on-grounds unsupervised movement of a defendant or person who has	44856
been committed under section 2945.39 or 2945.40 of the Revised	44857
Code, who is a mentally retarded person subject to	44858
institutionalization by court order, and who is being provided	44859
residential habilitation, care, and treatment in a facility	44860
operated by the department of developmental disabilities.	44861

(b) If, pursuant to section 2945.39 of the Revised Code, the	44862
trial court commits a defendant who is found incompetent to stand	44863
trial and who is a mentally retarded person subject to	44864
institutionalization by court order, if the defendant is being	44865
provided residential habilitation, care, and treatment in a	44866
facility operated by the department of developmental disabilities,	44867
if an individual who is conducting a survey for the department of	44868
health to determine the facility's compliance with the	44869
certification requirements of the medicaid program under Chapter	44870
5111. of the Revised Code and Title XIX of the "Social Security	44871
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, cites the	44872
defendant's receipt of the residential habilitation, care, and	44873
treatment in the facility as being inappropriate under the	44874
certification requirements, if the defendant's receipt of the	44875
residential habilitation, care, and treatment in the facility	44876
potentially jeopardizes the facility's continued receipt of	44877
federal medicaid moneys, and if as a result of the citation the	44878
chief clinical officer of the facility determines that the	44879
conditions of the defendant's commitment should be changed, the	44880
department of developmental disabilities may cause the defendant	44881
to be removed from the particular facility and, after evaluating	44882
the risks to public safety and the welfare of the defendant and	44883
after determining whether another type of placement is consistent	44884
with the certification requirements, may place the defendant in	44885
another facility that the department selects as an appropriate	44886
facility for the defendant's continued receipt of residential	44887
habilitation, care, and treatment and that is a no less secure	44888
setting than the facility in which the defendant had been placed	44889
at the time of the citation. Within three days after the	44890
defendant's removal and alternative placement under the	44891
circumstances described in division (D)(2)(b) of this section, the	44892
department of developmental disabilities shall notify the trial	44893
court and the prosecutor in writing of the removal and alternative	44894
placement.	44895

The trial court shall set a date for a hearing on the removal	44896
and alternative placement, and the hearing shall be held within	44897
twenty-one days after the trial court's receipt of the notice from	44898
the department of developmental disabilities. At least ten days	44899
before the hearing is held, the trial court shall give the	44900
prosecutor, the department of developmental disabilities, and the	44901
counsel for the defendant written notice of the date, time, and	44902
place of the hearing. At the hearing, the trial court shall	44903
consider the citation issued by the individual who conducted the	44904
survey for the department of health to be prima-facie evidence of	44905
the fact that the defendant's commitment to the particular	44906
facility was inappropriate under the certification requirements of	44907
the medicaid program under Chapter 5111. of the Revised Code and	44908
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	44909
U.S.C.A. 301, as amended, and potentially jeopardizes the	44910
particular facility's continued receipt of federal medicaid	44911
moneys. At the conclusion of the hearing, the trial court may	44912
approve or disapprove the defendant's removal and alternative	44913
placement. If the trial court approves the defendant's removal and	44914
alternative placement, the department of developmental	44915
disabilities may continue the defendant's alternative placement.	44916
If the trial court disapproves the defendant's removal and	44917
alternative placement, it shall enter an order modifying the	44918
defendant's removal and alternative placement, but that order	44919
shall not require the department of developmental disabilities to	44920
replace the defendant for purposes of continued residential	44921
habilitation, care, and treatment in the facility associated with	44922
the citation issued by the individual who conducted the survey for	44923
the department of health.	44924

(E) In making a determination under this section regarding	44925
nonsecured status or termination of commitment, the trial court	44926
shall consider all relevant factors, including, but not limited	44927
to, all of the following:	44928

(1) Whether, in the trial court's view, the defendant or	44929
person currently represents a substantial risk of physical harm to	44930
the defendant or person or others;	44931

(2) Psychiatric and medical testimony as to the current	44932
mental and physical condition of the defendant or person;	44933

(3) Whether the defendant or person has insight into the	44934
dependant's or person's condition so that the defendant or person	44935
will continue treatment as prescribed or seek professional	44936
assistance as needed;	44937

(4) The grounds upon which the state relies for the proposed	44938
commitment;	44939

(5) Any past history that is relevant to establish the	44940
defendant's or person's degree of conformity to the laws, rules,	44941
regulations, and values of society;	44942

(6) If there is evidence that the defendant's or person's	44943
mental illness is in a state of remission, the medically suggested	44944
cause and degree of the remission and the probability that the	44945
defendant or person will continue treatment to maintain the	44946
remissive state of the defendant's or person's illness should the	44947
defendant's or person's commitment conditions be altered.	44948

(F) At any hearing held pursuant to division (C) or (D)(1) or	44949
(2) of this section, the defendant or the person shall have all	44950
the rights of a defendant or person at a commitment hearing as	44951
described in section 2945.40 of the Revised Code.	44952

(G) In a hearing held pursuant to division (C) or (D)(1) of	44953
this section, the prosecutor has the burden of proof as follows:	44954

(1) For a recommendation of termination of commitment, to	44955
show by clear and convincing evidence that the defendant or person	44956
remains a mentally ill person subject to hospitalization by court	44957
order or a mentally retarded person subject to	44958
institutionalization by court order;	44959

(2) For a recommendation for a change in the conditions of	44960
the commitment to a less restrictive status, to show by clear and	44961
convincing evidence that the proposed change represents a threat	44962
to public safety or a threat to the safety of any person.	44963

(H) In a hearing held pursuant to division (C) or (D)(1) or	44964
(2) of this section, the prosecutor shall represent the state or	44965
the public interest.	44966

(I) At the conclusion of a hearing conducted under division	44967
(D)(1) of this section regarding a recommendation from the ~~chief~~	44968
~~clinical officer~~designee of the department of mental health,	44969
managing officer of the institution, or director of a ~~hospital,~~	44970
~~program, or~~ facility, the trial court may approve, disapprove, or	44971
modify the recommendation and shall enter an order accordingly.	44972

(J)(1) A defendant or person who has been committed pursuant	44973
to section 2945.39 or 2945.40 of the Revised Code continues to be	44974
under the jurisdiction of the trial court until the final	44975
termination of the commitment. For purposes of division (J) of	44976
this section, the final termination of a commitment occurs upon	44977
the earlier of one of the following:	44978

(a) The defendant or person no longer is a mentally ill	44979
person subject to hospitalization by court order or a mentally	44980
retarded person subject to institutionalization by court order, as	44981
determined by the trial court;	44982

(b) The expiration of the maximum prison term or term of	44983
imprisonment that the defendant or person could have received if	44984
the defendant or person had been convicted of the most serious	44985
offense with which the defendant or person is charged or in	44986
relation to which the defendant or person was found not guilty by	44987
reason of insanity;	44988

(c) The trial court enters an order terminating the	44989
commitment under the circumstances described in division	44990
(J)(2)(a)(ii) of this section.	44991

(2)(a) If a defendant is found incompetent to stand trial and	44992
committed pursuant to section 2945.39 of the Revised Code, if	44993
neither of the circumstances described in divisions (J)(1)(a) and	44994
(b) of this section applies to that defendant, and if a report	44995
filed with the trial court pursuant to division (C) of this	44996
section indicates that the defendant presently is competent to	44997
stand trial or if, at any other time during the period of the	44998
defendant's commitment, the prosecutor, the counsel for the	44999
defendant, or the ~~chief clinical officer~~designee of the	45000
department of mental health or the managing officer of the	45001
institution or director of the ~~hospital,~~ facility~~, or program~~ to	45002
which the defendant is committed files an application with the	45003
trial court alleging that the defendant presently is competent to	45004
stand trial and requesting a hearing on the competency issue or	45005
the trial court otherwise has reasonable cause to believe that the	45006
defendant presently is competent to stand trial and determines on	45007
its own motion to hold a hearing on the competency issue, the	45008
trial court shall schedule a hearing on the competency of the	45009
defendant to stand trial, shall give the prosecutor, the counsel	45010
for the defendant, and the ~~chief clinical officer~~department's	45011
designee or the managing officer of the institution or the	45012
director of the facility to which the defendant is committed	45013
notice of the date, time, and place of the hearing at least	45014
fifteen days before the hearing, and shall conduct the hearing	45015
within thirty days of the filing of the application or of its own	45016
motion. If, at the conclusion of the hearing, the trial court	45017
determines that the defendant presently is capable of	45018
understanding the nature and objective of the proceedings against	45019
the defendant and of assisting in the defendant's defense, the	45020
trial court shall order that the defendant is competent to stand	45021
trial and shall be proceeded against as provided by law with	45022
respect to the applicable offenses described in division (C)(1) of	45023
section 2945.38 of the Revised Code and shall enter whichever of	45024
the following additional orders is appropriate:	45025

(i) If the trial court determines that the defendant remains	45026
a mentally ill person subject to hospitalization by court order or	45027
a mentally retarded person subject to institutionalization by	45028
court order, the trial court shall order that the defendant's	45029
commitment to the ~~hospital,~~department of mental health or to an	45030
institution or facility~~, or program~~for the treatment of	45031
developmental disabilities be continued during the pendency of the	45032
trial on the applicable offenses described in division (C)(1) of	45033
section 2945.38 of the Revised Code.	45034

(ii) If the trial court determines that the defendant no	45035
longer is a mentally ill person subject to hospitalization by	45036
court order or a mentally retarded person subject to	45037
institutionalization by court order, the trial court shall order	45038
that the defendant's commitment to the ~~hospital,~~department of	45039
mental health or to an institution or facility~~, or program~~for the	45040
treatment of developmental disabilities shall not be continued	45041
during the pendency of the trial on the applicable offenses	45042
described in division (C)(1) of section 2945.38 of the Revised	45043
Code. This order shall be a final termination of the commitment	45044
for purposes of division (J)(1)(c) of this section.	45045

(b) If, at the conclusion of the hearing described in	45046
division (J)(2)(a) of this section, the trial court determines	45047
that the defendant remains incapable of understanding the nature	45048
and objective of the proceedings against the defendant or of	45049
assisting in the defendant's defense, the trial court shall order	45050
that the defendant continues to be incompetent to stand trial,	45051
that the defendant's commitment to the ~~hospital,~~department of	45052
mental health or to an institution or facility~~, or program~~for the	45053
treatment of developmental disabilities shall be continued, and	45054
that the defendant remains subject to the jurisdiction of the	45055
trial court pursuant to that commitment, and to the provisions of	45056
this section, until the final termination of the commitment as	45057
described in division (J)(1) of this section.	45058

Sec. 2945.402. (A) In approving a conditional release, the	45059
trial court may set any conditions on the release with respect to	45060
the treatment, evaluation, counseling, or control of the defendant	45061
or person that the court considers necessary to protect the public	45062
safety and the welfare of the defendant or person. The trial court	45063
may revoke a defendant's or person's conditional release and order	45064
~~rehospitalization~~reinstatement of the previous placement or	45065
reinstitutionalization at any time the conditions of the release	45066
have not been satisfied, provided that the revocation shall be in	45067
accordance with this section.	45068

(B) A conditional release is a commitment. The hearings on	45069
continued commitment as described in section 2945.401 of the	45070
Revised Code apply to a defendant or person on conditional	45071
release.	45072

(C) A person, agency, or facility that is assigned to monitor	45073
a defendant or person on conditional release immediately shall	45074
notify the trial court on learning that the defendant or person	45075
being monitored has violated the terms of the conditional release.	45076
Upon learning of any violation of the terms of the conditional	45077
release, the trial court may issue a temporary order of detention	45078
or, if necessary, an arrest warrant for the defendant or person.	45079
Within ten court days after the defendant's or person's detention	45080
or arrest, the trial court shall conduct a hearing to determine	45081
whether the conditional release should be modified or terminated.	45082
At the hearing, the defendant or person shall have the same rights	45083
as are described in division (C) of section 2945.40 of the Revised	45084
Code. The trial court may order a continuance of the ten-court-day	45085
period for no longer than ten days for good cause shown or for any	45086
period on motion of the defendant or person. If the trial court	45087
fails to conduct the hearing within the ten-court-day period and	45088
does not order a continuance in accordance with this division, the	45089
defendant or person shall be restored to the prior conditional	45090
release status.	45091

(D) The trial court shall give all parties reasonable notice	45092
of a hearing conducted under this section. At the hearing, the	45093
prosecutor shall present the case demonstrating that the defendant	45094
or person violated the terms of the conditional release. If the	45095
court finds by a preponderance of the evidence that the defendant	45096
or person violated the terms of the conditional release, the court	45097
may continue, modify, or terminate the conditional release and	45098
shall enter its order accordingly.	45099

Sec. 2949.14. Upon conviction of a nonindigent person for a	45100
felony, the clerk of the court of common pleas shall make and	45101
certify under ~~his~~the clerk's hand and seal of the court, a	45102
complete itemized bill of the costs made in such prosecution,	45103
including the sum paid by the board of county commissioners,	45104
certified by the county auditor, for the arrest and return of the	45105
person on the requisition of the governor, or on the request of	45106
the governor to the president of the United States, or on the	45107
return of the fugitive by a designated agent pursuant to a waiver	45108
of extradition except in cases of parole violation. ~~Such bill of~~	45109
~~costs shall be presented by such clerk to the prosecuting~~	45110
~~attorney, who shall examine each item therein charged and certify~~	45111
~~to it if correct and legal. Upon certification by the prosecuting~~	45112
~~attorney, the~~The clerk shall attempt to collect the costs from	45113
the person convicted.	45114

Sec. 2981.11. (A)(1) Any property that has been lost,	45115
abandoned, stolen, seized pursuant to a search warrant, or	45116
otherwise lawfully seized or forfeited and that is in the custody	45117
of a law enforcement agency shall be kept safely by the agency,	45118
pending the time it no longer is needed as evidence or for another	45119
lawful purpose, and shall be disposed of pursuant to sections	45120
2981.12 and 2981.13 of the Revised Code.	45121

(2) This chapter does not apply to the custody and disposal	45122
of any of the following:	45123

(a) Vehicles subject to forfeiture under Title XLV of the	45124
Revised Code, except as provided in division (A)(6) of section	45125
2981.12 of the Revised Code;	45126

(b) Abandoned junk motor vehicles or other property of	45127
negligible value;	45128

(c) Property held by a department of rehabilitation and	45129
correction institution that is unclaimed, that does not have an	45130
identified owner, that the owner agrees to dispose of, or that is	45131
identified by the department as having little value;	45132

(d) Animals taken, and devices used in unlawfully taking	45133
animals, under section 1531.20 of the Revised Code;	45134

(e) Controlled substances sold by a peace officer in the	45135
performance of the officer's official duties under section	45136
3719.141 of the Revised Code;	45137

(f) Property recovered by a township law enforcement agency	45138
under sections 505.105 to 505.109 of the Revised Code;	45139

(g) Property held and disposed of under an ordinance of the	45140
municipal corporation or under sections 737.29 to 737.33 of the	45141
Revised Code, except that a municipal corporation that has	45142
received notice of a citizens' reward program as provided in	45143
division (F) of section 2981.12 of the Revised Code and disposes	45144
of property under an ordinance shall pay twenty-five per cent of	45145
any moneys acquired from any sale or auction to the citizens'	45146
reward program.	45147

(B)(1) Each law enforcement agency that has custody of any	45148
property that is subject to this section shall adopt and comply	45149
with a written internal control policy that does all of the	45150
following:	45151

(a) Provides for keeping detailed records as to the amount of	45152
property acquired by the agency and the date property was	45153
acquired;	45154

(b) Provides for keeping detailed records of the disposition	45155
of the property, which shall include, but not be limited to, both	45156
of the following:	45157

(i) The manner in which it was disposed, the date of	45158
disposition, detailed financial records concerning any property	45159
sold, and the name of any person who received the property. The	45160
record shall not identify or enable identification of the	45161
individual officer who seized any item of property.	45162

(ii) The general types of expenditures made with amounts that	45163
are gained from the sale of the property and that are retained by	45164
the agency, including the specific amount expended on each general	45165
type of expenditure, except that the policy shall not provide for	45166
or permit the identification of any specific expenditure that is	45167
made in an ongoing investigation.	45168

(c) Complies with section 2981.13 of the Revised Code if the	45169
agency has a law enforcement trust fund or similar fund created	45170
under that section.	45171

(2) Each law enforcement agency that during any calendar year	45172
has any seized or forfeited property covered by this section in	45173
its custody, including amounts distributed under section 2981.13	45174
of the Revised Code to its law enforcement trust fund or a similar	45175
fund created for the state highway patrol, department of public	45176
safety, department of taxation, or state board of pharmacy, shall	45177
prepare a report covering the calendar year that cumulates all of	45178
the information contained in all of the public records kept by the	45179
agency pursuant to this section for that calendar year. The agency	45180
shall send a copy of the cumulative report to the attorney general	45181
not later than the first day of March in the calendar year	45182
following the calendar year covered by the report.	45183

(3) The records kept under the internal control policy shall	45184
be open to public inspection during the agency's regular business	45185
hours. The policy adopted under this section and each report	45186
received by the attorney general is a public record open for	45187
inspection under section 149.43 of the Revised Code.	45188

(4) Not later than the fifteenth day of April in each	45189
calendar year in which reports are sent to the attorney general	45190
under division (B)(2) of this section, the attorney general shall	45191
send to the president of the senate and the speaker of the house	45192
of representatives a written notice that indicates that the	45193
attorney general received reports that cover the previous calendar	45194
year, that the reports are open for inspection under section	45195
149.43 of the Revised Code, and that the attorney general will	45196
provide a copy of any or all of the reports to the president of	45197
the senate or the speaker of the house of representatives upon	45198
request.	45199

(C) A law enforcement agency with custody of property to be	45200
disposed of under section 2981.12 or 2981.13 of the Revised Code	45201
shall make a reasonable effort to locate persons entitled to	45202
possession of the property, to notify them of when and where it	45203
may be claimed, and to return the property to them at the earliest	45204
possible time. In the absence of evidence identifying persons	45205
entitled to possession, it is sufficient notice to advertise in a	45206
newspaper of general circulation in the county and to briefly	45207
describe the nature of the property in custody and inviting	45208
persons to view and establish their right to it.	45209

(D) As used in sections 2981.11 to 2981.13 of the Revised	45210
Code:	45211

(1) "Citizens' reward program" has the same meaning as in	45212
section 9.92 of the Revised Code.	45213

(2) "Law enforcement agency" includes correctional	45214
institutions.	45215

(3) "Township law enforcement agency" means an organized	45216
police department of a township, a township police district, a	45217
joint ~~township~~ police district, or the office of a township	45218
constable.	45219

Sec. 2981.12. (A) Unclaimed or forfeited property in the	45220
custody of a law enforcement agency, other than property described	45221
in division (A)(2) of section 2981.11 of the Revised Code, shall	45222
be disposed of by order of any court of record that has	45223
territorial jurisdiction over the political subdivision that	45224
employs the law enforcement agency, as follows:	45225

(1) Drugs shall be disposed of pursuant to section 3719.11 of	45226
the Revised Code or placed in the custody of the secretary of the	45227
treasury of the United States for disposal or use for medical or	45228
scientific purposes under applicable federal law.	45229

(2) Firearms and dangerous ordnance suitable for police work	45230
may be given to a law enforcement agency for that purpose.	45231
Firearms suitable for sporting use or as museum pieces or	45232
collectors' items may be sold at public auction pursuant to	45233
division (B) of this section. The agency ~~shall destroy~~may sell	45234
other firearms and dangerous ordnance orto a federally licensed	45235
firearms dealer in a manner that the court considers proper. The	45236
agency shall destroy any firearms or dangerous ordnance not given	45237
to a law enforcement agency or sold or shall send them to the	45238
bureau of criminal identification and investigation for	45239
destruction by the bureau.	45240

(3) Obscene materials shall be destroyed.

45241

(4) Beer, intoxicating liquor, or alcohol seized from a	45242
person who does not hold a permit issued under Chapters 4301. and	45243
4303. of the Revised Code or otherwise forfeited to the state for	45244
an offense under section 4301.45 or 4301.53 of the Revised Code	45245
shall be sold by the division of liquor control if the division	45246
determines that it is fit for sale or shall be placed in the	45247
custody of the investigations unit in the department of public	45248
safety and be used for training relating to law enforcement	45249
activities. The department, with the assistance of the division of	45250
liquor control, shall adopt rules in accordance with Chapter 119.	45251
of the Revised Code to provide for the distribution to state or	45252
local law enforcement agencies upon their request. If any tax	45253
imposed under Title XLIII of the Revised Code has not been paid in	45254
relation to the beer, intoxicating liquor, or alcohol, any moneys	45255
acquired from the sale shall first be used to pay the tax. All	45256
other money collected under this division shall be paid into the	45257
state treasury. Any beer, intoxicating liquor, or alcohol that the	45258
division determines to be unfit for sale shall be destroyed.	45259

(5) Money received by an inmate of a correctional institution	45260
from an unauthorized source or in an unauthorized manner shall be	45261
returned to the sender, if known, or deposited in the inmates'	45262
industrial and entertainment fund of the institution if the sender	45263
is not known.	45264

(6)(a) Any mobile instrumentality forfeited under this	45265
chapter may be given to the law enforcement agency that initially	45266
seized the mobile instrumentality for use in performing its	45267
duties, if the agency wants the mobile instrumentality. The agency	45268
shall take the mobile instrumentality subject to any security	45269
interest or lien on the mobile instrumentality.	45270

(b) Vehicles and vehicle parts forfeited under sections	45271
4549.61 to 4549.63 of the Revised Code may be given to a law	45272
enforcement agency for use in performing its duties. Those parts	45273
may be incorporated into any other official vehicle. Parts that do	45274
not bear vehicle identification numbers or derivatives of them may	45275
be sold or disposed of as provided by rules of the director of	45276
public safety. Parts from which a vehicle identification number or	45277
derivative of it has been removed, defaced, covered, altered, or	45278
destroyed and that are not suitable for police work or	45279
incorporation into an official vehicle shall be destroyed and sold	45280
as junk or scrap.	45281

(7) Computers, computer networks, computer systems, and	45282
computer software suitable for police work may be given to a law	45283
enforcement agency for that purpose or disposed of under division	45284
(B) of this section.	45285

(B) Unclaimed or forfeited property that is not described in	45286
division (A) of this section or division (A)(2) of section 2981.11	45287
of the Revised Code, with court approval, may be used by the law	45288
enforcement agency in possession of it. If it is not used by the	45289
agency, it may be sold without appraisal at a public auction to	45290
the highest bidder for cash or disposed of in another manner that	45291
the court considers proper.	45292

(C) Except as provided in divisions (A) and (F) of this	45293
section and after compliance with division (D) of this section	45294
when applicable, any moneys acquired from the sale of property	45295
disposed of pursuant to this section shall be placed in the	45296
general revenue fund of the state, or the general fund of the	45297
county, the township, or the municipal corporation of which the	45298
law enforcement agency involved is an agency.	45299

(D) If the property was in the possession of the law	45300
enforcement agency in relation to a delinquent child proceeding in	45301
a juvenile court, ten per cent of any moneys acquired from the	45302
sale of property disposed of under this section shall be applied	45303
to one or more alcohol and drug addiction treatment programs that	45304
are certified by the department of alcohol and drug addiction	45305
services under section 3793.06 of the Revised Code. A juvenile	45306
court shall not specify a program, except as provided in this	45307
division, unless the program is in the same county as the court or	45308
in a contiguous county. If no certified program is located in any	45309
of those counties, the juvenile court may specify a certified	45310
program anywhere in Ohio. The remaining ninety per cent of the	45311
proceeds or cash shall be applied as provided in division (C) of	45312
this section.	45313

Each treatment program that receives in any calendar year	45314
forfeited money under this division shall file an annual report	45315
for that year with the attorney general and with the court of	45316
common pleas and board of county commissioners of the county in	45317
which the program is located and of any other county from which	45318
the program received forfeited money. The program shall file the	45319
report on or before the first day of March in the calendar year	45320
following the calendar year in which the program received the	45321
money. The report shall include statistics on the number of	45322
persons the program served, identify the types of treatment	45323
services it provided to them, and include a specific accounting of	45324
the purposes for which it used the money so received. No	45325
information contained in the report shall identify, or enable a	45326
person to determine the identity of, any person served by the	45327
program.	45328

(E) Each certified alcohol and drug addiction treatment	45329
program that receives in any calendar year money under this	45330
section or under section 2981.13 of the Revised Code as the result	45331
of a juvenile forfeiture order shall file an annual report for	45332
that calendar year with the attorney general and with the court of	45333
common pleas and board of county commissioners of the county in	45334
which the program is located and of any other county from which	45335
the program received the money. The program shall file the report	45336
on or before the first day of March in the calendar year following	45337
the year in which the program received the money. The report shall	45338
include statistics on the number of persons served with the money,	45339
identify the types of treatment services provided, and	45340
specifically account for how the money was used. No information in	45341
the report shall identify or enable a person to determine the	45342
identity of anyone served by the program.	45343

As used in this division, "juvenile-related forfeiture order"	45344
means any forfeiture order issued by a juvenile court under	45345
section 2981.04 or 2981.05 of the Revised Code and any disposal of	45346
property ordered by a court under section 2981.11 of the Revised	45347
Code regarding property that was in the possession of a law	45348
enforcement agency in relation to a delinquent child proceeding in	45349
a juvenile court.	45350

(F) Each board of county commissioners that recognizes a	45351
citizens' reward program under section 9.92 of the Revised Code	45352
shall notify each law enforcement agency of that county and of a	45353
township or municipal corporation wholly located in that county of	45354
the recognition by filing a copy of its resolution conferring that	45355
recognition with each of those agencies. When the board recognizes	45356
a citizens' reward program and the county includes a part, but not	45357
all, of the territory of a municipal corporation, the board shall	45358
so notify the law enforcement agency of that municipal corporation	45359
of the recognition of the citizens' reward program only if the	45360
county contains the highest percentage of the municipal	45361
corporation's population.	45362

Upon being so notified, each law enforcement agency shall pay	45363
twenty-five per cent of any forfeited proceeds or cash derived	45364
from each sale of property disposed of pursuant to this section to	45365
the citizens' reward program for use exclusively to pay rewards.	45366
No part of the funds may be used to pay expenses associated with	45367
the program. If a citizens' reward program that operates in more	45368
than one county or in another state in addition to this state	45369
receives funds under this section, the funds shall be used to pay	45370
rewards only for tips and information to law enforcement agencies	45371
concerning offenses committed in the county from which the funds	45372
were received.	45373

Receiving funds under this section or section 2981.11 of the	45374
Revised Code does not make the citizens' reward program a	45375
governmental unit or public office for purposes of section 149.43	45376
of the Revised Code.	45377

(G) Any property forfeited under this chapter shall not be	45378
used to pay any fine imposed upon a person who is convicted of or	45379
pleads guilty to an underlying criminal offense or a different	45380
offense arising out of the same facts and circumstances.	45381

Sec. 2981.13. (A) Except as otherwise provided in this	45382
section, property ordered forfeited as contraband, proceeds, or an	45383
instrumentality pursuant to this chapter shall be disposed of,	45384
used, or sold pursuant to section 2981.12 of the Revised Code. If	45385
the property is to be sold under that section, the prosecutor	45386
shall cause notice of the proposed sale to be given in accordance	45387
with law.	45388

(B) If the contraband or instrumentality forfeited under this	45389
chapter is sold, any moneys acquired from a sale and any proceeds	45390
forfeited under this chapter shall be applied in the following	45391
order:	45392

(1) First, to pay costs incurred in the seizure, storage,	45393
maintenance, security, and sale of the property and in the	45394
forfeiture proceeding;	45395

(2) Second, in a criminal forfeiture case, to satisfy any	45396
restitution ordered to the victim of the offense or, in a civil	45397
forfeiture case, to satisfy any recovery ordered for the person	45398
harmed, unless paid from other assets;	45399

(3) Third, to pay the balance due on any security interest	45400
preserved under this chapter;	45401

(4) Fourth, apply the remaining amounts as follows:

45402

(a) If the forfeiture was ordered by a juvenile court, ten	45403
per cent to one or more certified alcohol and drug addiction	45404
treatment programs as provided in division (D) of section 2981.12	45405
of the Revised Code;	45406

(b) If the forfeiture was ordered in a juvenile court, ninety	45407
per cent, and if the forfeiture was ordered in a court other than	45408
a juvenile court, one hundred per cent to the law enforcement	45409
trust fund of the prosecutor and to the following fund supporting	45410
the law enforcement agency that substantially conducted the	45411
investigation: the law enforcement trust fund of the county	45412
sheriff, municipal corporation, township, or park district created	45413
under section 511.18 or 1545.01 of the Revised Code; the state	45414
highway patrol contraband, forfeiture, and other fund; the	45415
department of public safety investigative unit contraband,	45416
forfeiture, and other fund; the department of taxation enforcement	45417
fund; the board of pharmacy drug law enforcement fund created by	45418
division (B)(1) of section 4729.65 of the Revised Code; the	45419
medicaid fraud investigation and prosecution fund; or the	45420
treasurer of state for deposit into the peace officer training	45421
commission fund if any other state law enforcement agency	45422
substantially conducted the investigation. In the case of property	45423
forfeited for medicaid fraud, any remaining amount shall be used	45424
by the attorney general to investigate and prosecute medicaid	45425
fraud offenses.	45426

If the prosecutor declines to accept any of the remaining	45427
amounts, the amounts shall be applied to the fund of the agency	45428
that substantially conducted the investigation.	45429

(c) If more than one law enforcement agency is substantially	45430
involved in the seizure of property forfeited under this chapter,	45431
the court ordering the forfeiture shall equitably divide the	45432
amounts, after calculating any distribution to the law enforcement	45433
trust fund of the prosecutor pursuant to division (B)(4) of this	45434
section, among the entities that the court determines were	45435
substantially involved in the seizure.	45436

(C)(1) A law enforcement trust fund shall be established by	45437
the prosecutor of each county who intends to receive any remaining	45438
amounts pursuant to this section, by the sheriff of each county,	45439
by the legislative authority of each municipal corporation, by the	45440
board of township trustees of each township that has a township	45441
police department, township or joint police district police force,	45442
or office of the constable, and by the board of park commissioners	45443
of each park district created pursuant to section 511.18 or	45444
1545.01 of the Revised Code that has a park district police force	45445
or law enforcement department, for the purposes of this section.	45446

There is hereby created in the state treasury the state	45447
highway patrol contraband, forfeiture, and other fund, the	45448
department of public safety investigative unit contraband,	45449
forfeiture, and other fund, the medicaid fraud investigation and	45450
prosecution fund, the department of taxation enforcement fund, and	45451
the peace officer training commission fund, for the purposes of	45452
this section.	45453

Amounts distributed to any municipal corporation, township,	45454
or park district law enforcement trust fund shall be allocated	45455
from the fund by the legislative authority only to the police	45456
department of the municipal corporation, by the board of township	45457
trustees only to the township police department, township police	45458
district police force, or office of the constable, by the joint	45459
police district board only to the joint police district, and by	45460
the board of park commissioners only to the park district police	45461
force or law enforcement department.	45462

(2)(a) No amounts shall be allocated to a fund created under	45463
this section or used by an agency unless the agency has adopted a	45464
written internal control policy that addresses the use of moneys	45465
received from the appropriate fund. The appropriate fund shall be	45466
expended only in accordance with that policy and, subject to the	45467
requirements specified in this section, only for the following	45468
purposes:	45469

(i) To pay the costs of protracted or complex investigations	45470
or prosecutions;	45471

(ii) To provide reasonable technical training or expertise;

45472

(iii) To provide matching funds to obtain federal grants to	45473
aid law enforcement, in the support of DARE programs or other	45474
programs designed to educate adults or children with respect to	45475
the dangers associated with the use of drugs of abuse;	45476

(iv) To pay the costs of emergency action taken under section	45477
3745.13 of the Revised Code relative to the operation of an	45478
illegal methamphetamine laboratory if the forfeited property or	45479
money involved was that of a person responsible for the operation	45480
of the laboratory;	45481

(v) For other law enforcement purposes that the	45482
superintendent of the state highway patrol, department of public	45483
safety, prosecutor, county sheriff, legislative authority,	45484
department of taxation, board of township trustees, or board of	45485
park commissioners determines to be appropriate.	45486

(b) The board of pharmacy drug law enforcement fund shall be	45487
expended only in accordance with the written internal control	45488
policy so adopted by the board and only in accordance with section	45489
4729.65 of the Revised Code, except that it also may be expended	45490
to pay the costs of emergency action taken under section 3745.13	45491
of the Revised Code relative to the operation of an illegal	45492
methamphetamine laboratory if the forfeited property or money	45493
involved was that of a person responsible for the operation of the	45494
laboratory.	45495

(c) The state highway patrol contraband, forfeiture, and	45496
other fund, the department of public safety investigative unit	45497
contraband, forfeiture, and other fund, the department of taxation	45498
enforcement fund, the board of pharmacy drug law enforcement fund,	45499
and a law enforcement trust fund shall not be used to meet the	45500
operating costs of the state highway patrol, of the investigative	45501
unit of the department of public safety, of the state board of	45502
pharmacy, of any political subdivision, or of any office of a	45503
prosecutor or county sheriff that are unrelated to law	45504
enforcement.	45505

(d) Forfeited moneys that are paid into the state treasury to	45506
be deposited into the peace officer training commission fund shall	45507
be used by the commission only to pay the costs of peace officer	45508
training.	45509

(3) Any of the following offices or agencies that receive	45510
amounts under this section during any calendar year shall file a	45511
report with the specified entity, not later than the thirty-first	45512
day of January of the next calendar year, verifying that the	45513
moneys were expended only for the purposes authorized by this	45514
section or other relevant statute and specifying the amounts	45515
expended for each authorized purpose:	45516

(a) Any sheriff or prosecutor shall file the report with the	45517
county auditor.	45518

(b) Any municipal corporation police department shall file	45519
the report with the legislative authority of the municipal	45520
corporation.	45521

(c) Any township police department, township or joint police	45522
district police force, or office of the constable shall file the	45523
report with the board of township trustees of the township.	45524

(d) Any park district police force or law enforcement	45525
department shall file the report with the board of park	45526
commissioners of the park district.	45527

(e) The superintendent of the state highway patrol and the	45528
tax commissioner shall file the report with the attorney general.	45529

(f) The executive director of the state board of pharmacy	45530
shall file the report with the attorney general, verifying that	45531
cash and forfeited proceeds paid into the board of pharmacy drug	45532
law enforcement fund were used only in accordance with section	45533
4729.65 of the Revised Code.	45534

(g) The peace officer training commission shall file a report	45535
with the attorney general, verifying that cash and forfeited	45536
proceeds paid into the peace officer training commission fund	45537
pursuant to this section during the prior calendar year were used	45538
by the commission during the prior calendar year only to pay the	45539
costs of peace officer training.	45540

(D) The written internal control policy of a county sheriff,	45541
prosecutor, municipal corporation police department, township	45542
police department, township or joint police district police force,	45543
office of the constable, or park district police force or law	45544
enforcement department shall provide that at least ten per cent of	45545
the first one hundred thousand dollars of amounts deposited during	45546
each calendar year in the agency's law enforcement trust fund	45547
under this section, and at least twenty per cent of the amounts	45548
exceeding one hundred thousand dollars that are so deposited,	45549
shall be used in connection with community preventive education	45550
programs. The manner of use shall be determined by the sheriff,	45551
prosecutor, department, police force, or office of the constable	45552
after receiving and considering advice on appropriate community	45553
preventive education programs from the county's board of alcohol,	45554
drug addiction, and mental health services, from the county's	45555
alcohol and drug addiction services board, or through appropriate	45556
community dialogue.	45557

The financial records kept under the internal control policy	45558
shall specify the amount deposited during each calendar year in	45559
the portion of that amount that was used pursuant to this	45560
division, and the programs in connection with which the portion of	45561
that amount was so used.	45562

As used in this division, "community preventive education	45563
programs" include, but are not limited to, DARE programs and other	45564
programs designed to educate adults or children with respect to	45565
the dangers associated with using drugs of abuse.	45566

(E) Upon the sale, under this section or section 2981.12 of	45567
the Revised Code, of any property that is required by law to be	45568
titled or registered, the state shall issue an appropriate	45569
certificate of title or registration to the purchaser. If the	45570
state is vested with title and elects to retain property that is	45571
required to be titled or registered under law, the state shall	45572
issue an appropriate certificate of title or registration.	45573

(F) Any failure of a law enforcement officer or agency,	45574
prosecutor, court, or the attorney general to comply with this	45575
section in relation to any property seized does not affect the	45576
validity of the seizure and shall not be considered to be the	45577
basis for suppressing any evidence resulting from the seizure,	45578
provided the seizure itself was lawful.	45579

Sec. 3109.16. (A) The children's trust fund board, upon the	45580
recommendation of the director of job and family services, shall	45581
approve the employment of an executive director who will	45582
administer the programs of the board. ~~The~~	45583

(B) The department of job and family services shall provide	45584
budgetary, procurement, accounting, and other related management	45585
functions for the board and may adopt rules in accordance with	45586
Chapter 119. of the Revised Code for these purposes. An amount not	45587
to exceed three per cent of the total amount of fees deposited in	45588
the children's trust fund in each fiscal year may be used for	45589
costs directly related to these administrative functions of the	45590
department. Each fiscal year, the board shall approve a budget for	45591
administrative expenditures for the next fiscal year.	45592

(C) The board may request that the department adopt rules the	45593
board considers necessary for the purpose of carrying out the	45594
board's responsibilities under this section, and the department	45595
may adopt those rules. The department may, after consultation with	45596
the board and the executive director, adopt any other rules to	45597
assist the board in carrying out its responsibilities under this	45598
section. In either case, the rules shall be adopted under Chapter	45599
119. of the Revised Code.	45600

(D) The board shall meet at least quarterly at the call of	45601
the chairperson to conduct its official business. All business	45602
transactions of the board shall be conducted in public meetings.	45603
Eight members of the board constitute a quorum. A majority of the	45604
board members is required to adopt the state plan for the	45605
allocation of funds from the children's trust fund. A majority of	45606
the quorum is required to make all other decisions of the board.	45607

~~The~~(E) With respect to funding, all of the following apply:

45608

(1) The board may apply for and accept federal and other	45609
funds for the purpose of funding child abuse and child neglect	45610
prevention programs. ~~In addition, the~~	45611

(2) The board may solicit and accept gifts, money, and other	45612
donations from any public or private source, including	45613
individuals, philanthropic foundations or organizations,	45614
corporations, or corporation endowments. ~~The~~	45615

(3) The board may develop private-public partnerships to	45616
support the mission of the children's trust fund.	45617

(4) The acceptance and use of federal and other funds shall	45618
not entail any commitment or pledge of state funds, nor obligate	45619
the general assembly to continue the programs or activities for	45620
which the federal and other funds are made available. ~~All~~	45621

(5) All funds received in the manner described in this	45622
section shall be transmitted to the treasurer of state, who shall	45623
credit them to the children's trust fund created in section	45624
3109.14 of the Revised Code.	45625

Sec. 3111.04. (A) An action to determine the existence or	45626
nonexistence of the father and child relationship may be brought	45627
by the child or the child's personal representative, the child's	45628
mother or her personal representative, a man alleged or alleging	45629
himself to be the child's father, the child support enforcement	45630
agency of the county in which the child resides if the child's	45631
mother, father, or alleged father is a recipient of public	45632
assistance or of services under Title IV-D of the "Social Security	45633
Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the	45634
alleged father's personal representative.	45635

(B) An agreement does not bar an action under this section.

45636

(C) If an action under this section is brought before the	45637
birth of the child and if the action is contested, all	45638
proceedings, except service of process and the taking of	45639
depositions to perpetuate testimony, may be stayed until after the	45640
birth.	45641

(D) A recipient of public assistance or of services under	45642
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	45643
U.S.C.A. 651, as amended, shall cooperate with the child support	45644
enforcement agency of the county in which a child resides to	45645
obtain an administrative determination pursuant to sections	45646
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court	45647
determination pursuant to sections 3111.01 to 3111.18 of the	45648
Revised Code, of the existence or nonexistence of a parent and	45649
child relationship between the father and the child. If the	45650
recipient fails to cooperate, the agency may commence an action to	45651
determine the existence or nonexistence of a parent and child	45652
relationship between the father and the child pursuant to sections	45653
3111.01 to 3111.18 of the Revised Code.	45654

(E) As used in this section, "public assistance" means all of	45655
the following:	45656

(1) Medicaid under Chapter 5111. of the Revised Code;

45657

(2) Ohio works first under Chapter 5107. of the Revised Code;

45658

(3) Disability financial assistance under Chapter 5115. of	45659
the Revised Code;	45660

~~(4) Children's buy-in program under sections 5101.5211 to~~	45661
~~5101.5216 of the Revised Code~~.	45662

Sec. 3113.06. No father, or mother when she is charged with	45663
the maintenance, of a child under eighteen years of age, or a	45664
mentally or physically handicapped child under age twenty-one, who	45665
is legally a ward of a public children services agency or is the	45666
recipient of aid pursuant to ~~sections 5101.5211 to 5101.5216 or~~	45667
Chapter 5107. or 5115. of the Revised Code, shall neglect or	45668
refuse to pay such agency the reasonable cost of maintaining such	45669
child when such father or mother is able to do so by reason of	45670
property, labor, or earnings.	45671

An offense under this section shall be held committed in the	45672
county in which the agency is located. The agency shall file	45673
charges against any parent who violates this section, unless the	45674
agency files charges under section 2919.21 of the Revised Code, or	45675
unless charges of nonsupport are filed by a relative or guardian	45676
of the child, or unless an action to enforce support is brought	45677
under Chapter 3115. of the Revised Code.	45678

Sec. 3119.54. A party to a child support order issued in	45679
accordance with section 3119.30 of the Revised Code shall notify	45680
any physician, hospital, or other provider of medical services	45681
that provides medical services to the child who is the subject of	45682
the child support order of the number of any health insurance or	45683
health care policy, contract, or plan that covers the child if the	45684
child is eligible for medical assistance under ~~sections 5101.5211~~	45685
~~to 5101.5216 or~~ Chapter 5111. of the Revised Code. The party shall	45686
include in the notice the name and address of the insurer. Any	45687
physician, hospital, or other provider of medical services for	45688
which medical assistance is available under ~~sections 5101.5211 to~~	45689
~~5101.5216 or~~ Chapter 5111. of the Revised Code who is notified	45690
under this section of the existence of a health insurance or	45691
health care policy, contract, or plan with coverage for children	45692
who are eligible for medical assistance shall first bill the	45693
insurer for any services provided for those children. If the	45694
insurer fails to pay all or any part of a claim filed under this	45695
section and the services for which the claim is filed are covered	45696
by ~~sections 5101.5211 to 5101.5216 or~~ Chapter 5111. of the Revised	45697
Code, the physician, hospital, or other medical services provider	45698
shall bill the remaining unpaid costs of the services in	45699
accordance with ~~sections 5101.5211 to 5101.5216 or~~ Chapter 5111.	45700
of the Revised Code.	45701

Sec. 3121.48. The office of child support shall ~~maintain~~	45702
administer a ~~separate account~~fund for the deposit of support	45703
payments it receives as trustee for remittance to the persons	45704
entitled to receive the support payments. The fund shall be in the	45705
custody of the treasurer of state, but shall not be part of the	45706
state treasury.	45707

Sec. 3123.44. (A) Notice shall be sent to an individual	45708
described in section 3123.42 of the Revised Code in compliance	45709
with section 3121.23 of the Revised Code. The notice shall specify	45710
that a court or child support enforcement agency has determined	45711
the individual to be in default under a child support order or	45712
that the individual is an obligor who has failed to comply with a	45713
subpoena or warrant issued by a court or agency with respect to a	45714
proceeding to enforce a child support order, that a notice	45715
containing the individual's name and social security number or	45716
other identification number may be sent to every board that has	45717
authority to issue or has issued the individual a license, and	45718
that, if the board receives that notice and determines that the	45719
individual is the individual named in that notice and the board	45720
has not received notice under section 3123.45 or 3123.46 of the	45721
Revised Code, all of the following will occur:	45722

~~(A)~~(1) The board will not issue any license to the individual	45723
or renew any license of the individual.	45724

~~(B)~~(2) The board will suspend any license of the individual	45725
if it determines that the individual is the individual named in	45726
the notice sent to the board under section 3123.43 of the Revised	45727
Code.	45728

~~(C)~~(3) If the individual is the individual named in the	45729
notice, the board will not issue any license to the individual,	45730
and will not reinstate a suspended license, until the board	45731
receives a notice under section 3123.45 or 3123.46 of the Revised	45732
Code.	45733

(B) If an agency makes the determination described in	45734
division (A) of section 3123.42 of the Revised Code, it shall not	45735
send the notice described in division (A) of this section unless	45736
both of the following are the case:	45737

(1) At least ninety days have elapsed since the final and	45738
enforceable determination of default;	45739

(2) In the preceding ninety days, the obligor has failed to	45740
pay at least fifty per cent of the total monthly obligation due	45741
through means other than those described in sections 3123.81 to	45742
3123.85 of the Revised Code.	45743

(C) The department of job and family services shall adopt	45744
rules pursuant to section 3123.63 of the Revised Code establishing	45745
a uniform pre-suspension notice form that shall be used by	45746
agencies that send notice as required by this section.	45747

Sec. 3123.45. A child support enforcement agency that sent a	45748
notice to a board of an individual's default under a child support	45749
order shall send to each board to which the agency sent the notice	45750
a further notice that the individual is not in default if it	45751
determines that the individual is not in default or any of the	45752
following occurs:	45753

(A) The individual makes full payment to the office of child	45754
support in the department of job and family services or, pursuant	45755
to sections 3125.27 to 3125.30 of the Revised Code, to the child	45756
support enforcement agency of the arrearage ~~that was the basis for~~	45757
~~the court or agency determination that the individual was in~~	45758
~~default~~as of the date the payment is made.	45759

(B) AnIf division (A) is not possible, the individual has	45760
presented to the agency sufficient evidence of current employment	45761
or of an account in a financial institution, the agency has	45762
confirmed the individual's employment or the existence of the	45763
account, and an appropriate withholding or deduction notice or	45764
~~other appropriate order~~ described in section 3121.03~~, 3121.04,~~	45765
~~3121.05, 3121.06, or 3121.12~~ of the Revised Code has been issued	45766
to collect current support and any arrearage due under the child	45767
support order that was in default~~, and the individual is complying~~	45768
~~with the notice or order~~.	45769

(C) ~~A new child support order has been issued or the child~~	45770
~~support order that was in default, has been modified to collect~~	45771
~~current support and any arrearage due under the child support~~	45772
~~order that was in default, and the individual is complying with~~	45773
~~the new or modified child support order~~If divisions (A) and (B)	45774
are not possible, the individual presents evidence to the agency	45775
sufficient to establish that the individual is unable to work due	45776
to circumstances beyond the individual's control.	45777

(D) If divisions (A), (B), and (C) are not possible, the	45778
individual enters into and complies with a written agreement with	45779
the agency that requires the obligor to comply with either of the	45780
following:	45781

(1) A family support program administered or approved by the	45782
agency;	45783

(2) A program to establish compliance with a seek work order	45784
issued pursuant to section 3123.03 of the Revised Code.	45785

(E) If divisions (A), (B), (C), and (D) are not possible, the	45786
individual pays the balance of the total monthly obligation due	45787
for the ninety-day period preceding the date the agency sent the	45788
notice described in section 3123.44 of the Revised Code.	45789

The agency shall send the notice under this section not later	45790
than seven days after the agency determines the individual is not	45791
in default or that any of the circumstances specified in this	45792
section has occurred.	45793

Sec. 3123.55. (A) Notice shall be sent to the individual	45794
described in section ~~3123.54~~3123.53 of the Revised Code in	45795
compliance with section 3121.23 of the Revised Code. The notice	45796
shall specify that a court or child support enforcement agency has	45797
determined the individual to be in default under a child support	45798
order or that the individual is an obligor under a child support	45799
order who has failed to comply with a subpoena or warrant issued	45800
by a court or agency with respect to a proceeding to enforce a	45801
child support order, that a notice containing the individual's	45802
name and social security number or other identification number may	45803
be sent to the registrar of motor vehicles, and that, if the	45804
registrar receives that notice and determines that the individual	45805
is the individual named in that notice and the registrar has not	45806
received notice under section 3123.56 or 3123.57 of the Revised	45807
Code, all of the following will occur:	45808

~~(A)~~(1) The registrar and all deputy registrars will be	45809
prohibited from issuing to the individual a driver's or commercial	45810
driver's license, motorcycle operator's license or endorsement, or	45811
temporary instruction permit or commercial driver's temporary	45812
instruction permit.	45813

~~(B)~~(2) The registrar and all deputy registrars will be	45814
prohibited from renewing for the individual a driver's or	45815
commercial driver's license, motorcycle operator's license or	45816
endorsement, or commercial driver's temporary instruction permit.	45817

~~(C)~~(3) If the individual holds a driver's or commercial	45818
driver's license, motorcycle operator's license or endorsement, or	45819
temporary instruction permit or commercial driver's temporary	45820
instruction permit, the registrar will impose a class F suspension	45821
under division (B)(6) of section 4510.02 of the Revised Code if	45822
the registrar determines that the individual is the individual	45823
named in the notice sent pursuant to section 3123.54 of the	45824
Revised Code.	45825

~~(D)~~(4) If the individual is the individual named in the	45826
notice, the individual will not be issued or have renewed any	45827
license, endorsement, or permit, and no suspension will be lifted	45828
with respect to any license, endorsement, or permit listed in this	45829
section until the registrar receives a notice under section	45830
3123.56 or 3123.57 of the Revised Code.	45831

(B) If an agency makes the determination described in	45832
division (A) of section 3123.53 of the Revised Code, it shall not	45833
send the notice described in division (A) of this section unless	45834
both of the following are the case:	45835

(1) At least ninety days have elapsed since the final and	45836
enforceable determination of default;	45837

(2) In the preceding ninety days, the obligor has failed to	45838
pay at least fifty per cent of the total monthly obligation due	45839
through means other than those described in sections 3123.81 to	45840
3123.85 of the Revised Code.	45841

(C) The department of job and family services shall adopt	45842
rules pursuant to section 3123.63 of the Revised Code establishing	45843
a uniform pre-suspension notice form that shall be used by	45844
agencies that send notice as required by this section.	45845

Sec. 3123.56. A child support enforcement agency that sent a	45846
notice under section 3123.54 of the Revised Code of an	45847
individual's default under a child support order shall send to the	45848
registrar of motor vehicles a notice that the individual is not in	45849
default if it determines that the individual is not in default or	45850
any of the following occurs:	45851

(A) The individual makes full payment to the office of child	45852
support or, pursuant to sections 3125.27 to 3125.30 of the Revised	45853
Code, to the child support enforcement agency of the arrearage	45854
~~that was the basis for the court or agency determination that the~~	45855
~~individual was in default~~as of the date the payment is made.	45856

(B) AnIf division (A) is not possible, the individual has	45857
presented to the agency sufficient evidence of current employment	45858
or of an account in a financial institution, the agency has	45859
confirmed the individual's employment or the existence of the	45860
account, and an appropriate withholding or deduction notice or	45861
~~other appropriate order~~ described in section 3121.03~~, 3121.04,~~	45862
~~3121.05, 3121.06, or 3121.12~~ of the Revised Code has been issued	45863
to collect current support and any arrearage due under the child	45864
support order that was in default~~, and the individual is complying~~	45865
~~with the notice or order~~.	45866

(C) ~~A new child support order has been issued or the child~~	45867
~~support order that was in default has been modified to collect~~	45868
~~current support and any arrearage due under the child support~~	45869
~~order that was in default, and the individual is complying with~~	45870
~~the new or modified child support order~~If divisions (A) and (B)	45871
are not possible, the individual presents evidence to the agency	45872
sufficient to establish that the individual is unable to work due	45873
to circumstances beyond the individual's control.	45874

(D) If divisions (A), (B), and (C) are not possible, the	45875
individual enters into and complies with a written agreement with	45876
the agency that requires the obligor to comply with either of the	45877
following:	45878

(1) A family support program administered or approved by the	45879
agency;	45880

(2) A program to establish compliance with a seek work order	45881
issued pursuant to section 3123.03 of the Revised Code.	45882

(E) If divisions (A), (B), (C), and (D) are not possible, the	45883
individual pays the balance of the total monthly obligation due	45884
for the ninety-day period preceding the date the agency sent the	45885
notice described in section 3123.55 of the Revised Code.	45886

The agency shall send the notice under this section not later	45887
than seven days after it determines the individual is not in	45888
default or that any of the circumstances specified in this section	45889
has occurred.	45890

Sec. 3123.58. (A) On receipt of a notice pursuant to section	45891
3123.54 of the Revised Code, the registrar of motor vehicles shall	45892
determine whether the individual named in the notice holds or has	45893
applied for a driver's license or commercial driver's license,	45894
motorcycle operator's license or endorsement, or temporary	45895
instruction permit or commercial driver's temporary instruction	45896
permit. If the registrar determines that the individual holds or	45897
has applied for a license, permit, or endorsement and the	45898
individual is the individual named in the notice and does not	45899
receive a notice pursuant to section 3123.56 or 3123.57 of the	45900
Revised Code, the registrar immediately shall provide notice of	45901
the determination to each deputy registrar. The registrar or a	45902
deputy registrar may not issue to the individual a driver's or	45903
commercial driver's license, motorcycle operator's license or	45904
endorsement, or temporary instruction permit or commercial	45905
driver's temporary instruction permit and may not renew for the	45906
individual a driver's or commercial driver's license, motorcycle	45907
operator's license or endorsement, or commercial driver's	45908
temporary instruction permit. The registrar or a deputy registrar	45909
also shall impose a class F suspension of the license, permit, or	45910
endorsement held by the individual under division (B)(6) of	45911
section 4510.02 of the Revised Code.	45912

~~(B) Prior to the date specified in section 3123.52 of the~~	45913
~~Revised Code, the registrar of motor vehicles or a deputy~~	45914
~~registrar shall do only the following with respect to an~~	45915
~~individual if the registrar makes the determination required under~~	45916
~~division (A) of this section and no notice is received concerning~~	45917
~~the individual under section 3123.56 or 3123.57 of the Revised~~	45918
~~Code:~~	45919

~~(1) Refuse to issue or renew the individual's commercial~~	45920
~~driver's license or commercial driver's temporary instruction~~	45921
~~permit;~~	45922

~~(2) Impose a class F suspension under division (B)(6) of~~	45923
~~section 4510.02 of the Revised Code on the individual with respect~~	45924
~~to the license or permit held by the individual.~~	45925

Sec. 3123.59. Not later than seven days after receipt of a	45926
notice pursuant to section 3123.56 or 3123.57 of the Revised Code,	45927
the registrar of motor vehicles shall notify each deputy registrar	45928
of the notice. The registrar and each deputy registrar shall then,	45929
if the individual otherwise is eligible for the license, permit,	45930
or endorsement and wants the license, permit, or endorsement,	45931
issue a license, permit, or endorsement to, or renew a license,	45932
permit, or endorsement of, the individual, or, if the registrar	45933
imposed a class F suspension of the individual's license, permit,	45934
or endorsement pursuant to division (A) of section 3123.58 of the	45935
Revised Code, remove the suspension. ~~On and after the date~~	45936
~~specified in section 3123.52 of the Revised Code, the registrar or~~	45937
~~a deputy registrar shall remove, after receipt of a notice under~~	45938
~~section 3123.56 or 3123.57 of the Revised Code, a class F~~	45939
~~suspension imposed on an individual with respect to a license or~~	45940
~~permit pursuant to division (B) of section 3123.58 of the Revised~~	45941
~~Code.~~ The registrar or a deputy registrar may charge a fee of not	45942
more than twenty-five dollars for issuing or renewing or removing	45943
the suspension of a license, permit, or endorsement pursuant to	45944
this section. The fees collected by the registrar pursuant to this	45945
section shall be paid into the state bureau of motor vehicles fund	45946
established in section 4501.25 of the Revised Code.	45947

Sec. 3123.591. A child support enforcement agency may,	45948
pursuant to rules adopted under section 3123.63 of the Revised	45949
Code, direct the registrar of motor vehicles to eliminate from the	45950
abstract maintained by the bureau of motor vehicles any reference	45951
to the suspension of an individual's license, permit, or	45952
endorsement imposed under section 3123.58 of the Revised Code.	45953

Sec. 3123.63. The director of job and family services ~~may~~	45954
shall adopt rules in accordance with Chapter 119. of the Revised	45955
Code to implement sections 3123.41 to 3123.50, ~~3123.52~~3123.53 to	45956
~~3123.614~~3123.60, and 3123.62 of the Revised Code. The rules shall	45957
include both of the following:	45958

(A) Requirements concerning the contents of, and the	45959
conditions for issuance of, a notice required by section 3123.44	45960
or 3123.55 of the Revised Code. The rules shall require the	45961
contents of the notice to include information about the effect of	45962
a license suspension and appropriate steps that an individual can	45963
take to avoid license suspension.	45964

(B) Requirements establishing standards for confirming an	45965
individual's employment or the existence of an account pursuant to	45966
sections 3123.45 and 3123.56 of the Revised Code.	45967

(C) Requirements concerning the authority of a child support	45968
enforcement agency to direct the registrar of motor vehicles to	45969
eliminate from the abstract maintained by the bureau of motor	45970
vehicles any reference to the suspension of an individual's	45971
license, permit, or endorsement imposed under section 3123.58 of	45972
the Revised Code.	45973

Sec. 3301.07. The state board of education shall exercise	45974
under the acts of the general assembly general supervision of the	45975
system of public education in the state. In addition to the powers	45976
otherwise imposed on the state board under the provisions of law,	45977
the board shall have the powers described in this section.	45978

(A) The state board shall exercise policy forming, planning,	45979
and evaluative functions for the public schools of the state	45980
except as otherwise provided by law.	45981

(B)(1) The state board shall exercise leadership in the	45982
improvement of public education in this state, and administer the	45983
educational policies of this state relating to public schools, and	45984
relating to instruction and instructional material, building and	45985
equipment, transportation of pupils, administrative	45986
responsibilities of school officials and personnel, and finance	45987
and organization of school districts, educational service centers,	45988
and territory. Consultative and advisory services in such matters	45989
shall be provided by the board to school districts and educational	45990
service centers of this state.	45991

(2) The state board also shall develop a standard of	45992
financial reporting which shall be used by each school district	45993
board of education and educational service center governing board	45994
to make its financial information and annual budgets for each	45995
school building under its control available to the public in a	45996
format understandable by the average citizen. The format shall	45997
show, among other things, at the district and educational service	45998
center level or at the school building level, as determined	45999
appropriate by the department of education, revenue by source;	46000
expenditures for salaries, wages, and benefits of employees,	46001
showing such amounts separately for classroom teachers, other	46002
employees required to hold licenses issued pursuant to sections	46003
3319.22 to 3319.31 of the Revised Code, and all other employees;	46004
expenditures other than for personnel, by category, including	46005
utilities, textbooks and other educational materials, equipment,	46006
permanent improvements, pupil transportation, extracurricular	46007
athletics, and other extracurricular activities; and per pupil	46008
expenditures.	46009

(C) The state board shall administer and supervise the	46010
allocation and distribution of all state and federal funds for	46011
public school education under the provisions of law, and may	46012
prescribe such systems of accounting as are necessary and proper	46013
to this function. It may require county auditors and treasurers,	46014
boards of education, educational service center governing boards,	46015
treasurers of such boards, teachers, and other school officers and	46016
employees, or other public officers or employees, to file with it	46017
such reports as it may prescribe relating to such funds, or to the	46018
management and condition of such funds.	46019

(D)(1) Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII,	46020
XLVII, and LI of the Revised Code a reference is made to standards	46021
prescribed under this section or division (D) of this section,	46022
that reference shall be construed to refer to the standards	46023
prescribed under division (D)(2) of this section, unless the	46024
context specifically indicates a different meaning or intent.	46025

(2) The state board shall formulate and prescribe minimum	46026
standards to be applied to all elementary and secondary schools in	46027
this state for the purpose of requiring a general education of	46028
high quality. Such standards shall provide adequately for: the	46029
licensing of teachers, administrators, and other professional	46030
personnel and their assignment according to training and	46031
qualifications; efficient and effective instructional materials	46032
and equipment, including library facilities; the proper	46033
organization, administration, and supervision of each school,	46034
including regulations for preparing all necessary records and	46035
reports and the preparation of a statement of policies and	46036
objectives for each school; buildings, grounds, health and	46037
sanitary facilities and services; admission of pupils, and such	46038
requirements for their promotion from grade to grade as will	46039
assure that they are capable and prepared for the level of study	46040
to which they are certified; requirements for graduation; and such	46041
other factors as the board finds necessary.	46042

In the formulation and administration of such standards for	46043
nonpublic schools the board shall also consider the particular	46044
needs, methods and objectives of those schools, provided they do	46045
not conflict with the provision of a general education of a high	46046
quality and provided that regular procedures shall be followed for	46047
promotion from grade to grade of pupils who have met the	46048
educational requirements prescribed.	46049

In the formulation and administration of such standards as	46050
they relate to instructional materials and equipment in public	46051
schools, including library materials, the board shall require that	46052
the material and equipment be aligned with and promote skills	46053
expected under the statewide academic standards adopted under	46054
section 3301.079 of the Revised Code.	46055

(3) In addition to the minimum standards required by division	46056
(D)(2) of this section, the state board ~~shall~~may formulate and	46057
prescribe the following additional minimum operating standards for	46058
school districts:	46059

(a) Standards for the effective and efficient organization,	46060
administration, and supervision of each school district so that it	46061
becomes a thinking and learning organization according to	46062
principles of systems design and collaborative professional	46063
learning communities research as defined by the superintendent of	46064
public instruction, including a focus on the personalized and	46065
individualized needs of each student; a shared responsibility	46066
among school boards, administrators, faculty, and staff to develop	46067
a common vision, mission, and set of guiding principles; a shared	46068
responsibility among school boards, administrators, faculty, and	46069
staff to engage in a process of collective inquiry, action	46070
orientation, and experimentation to ensure the academic success of	46071
all students; commitment to teaching and learning strategies that	46072
utilize technological tools and emphasize inter-disciplinary,	46073
real-world, project-based, and technology-oriented learning	46074
experiences to meet the individual needs of every student;	46075
commitment to high expectations for every student and commitment	46076
to closing the achievement gap so that all students achieve core	46077
knowledge and skills in accordance with the statewide academic	46078
standards adopted under section 3301.079 of the Revised Code;	46079
commitment to the use of assessments to diagnose the needs of each	46080
student; effective connections and relationships with families and	46081
others that support student success; and commitment to the use of	46082
positive behavior intervention supports throughout a district to	46083
ensure a safe and secure learning environment for all students;	46084

(b) Standards for the establishment of business advisory	46085
councils under section 3313.82 of the Revised Code;	46086

(c) Standards for school district ~~organizational units, as~~	46087
~~defined in sections 3306.02 and 3306.04 of the Revised Code,~~	46088
buildings that may require:	46089

(i) The effective and efficient organization, administration,	46090
and supervision of each school district ~~organizational unit~~	46091
building so that it becomes a thinking and learning organization	46092
according to principles of systems design and collaborative	46093
professional learning communities research as defined by the state	46094
superintendent, including a focus on the personalized and	46095
individualized needs of each student; a shared responsibility	46096
among ~~organizational unit~~building administrators, faculty, and	46097
staff to develop a common vision, mission, and set of guiding	46098
principles; a shared responsibility among ~~organizational unit~~	46099
building administrators, faculty, and staff to engage in a process	46100
of collective inquiry, action orientation, and experimentation to	46101
ensure the academic success of all students; commitment to job	46102
embedded professional development and professional mentoring and	46103
coaching; established periods of time for teachers to pursue	46104
planning time for the development of lesson plans, professional	46105
development, and shared learning; commitment to effective	46106
management strategies that allow administrators reasonable access	46107
to classrooms for observation and professional development	46108
experiences; commitment to teaching and learning strategies that	46109
utilize technological tools and emphasize inter-disciplinary,	46110
real-world, project-based, and technology-oriented learning	46111
experiences to meet the individual needs of every student;	46112
commitment to high expectations for every student and commitment	46113
to closing the achievement gap so that all students achieve core	46114
knowledge and skills in accordance with the statewide academic	46115
standards adopted under section 3301.079 of the Revised Code;	46116
commitment to the use of assessments to diagnose the needs of each	46117
student; effective connections and relationships with families and	46118
others that support student success; commitment to the use of	46119
positive behavior intervention supports throughout the	46120
~~organizational unit~~building to ensure a safe and secure learning	46121
environment for all students;	46122

(ii) A school ~~organizational unit~~building leadership team to	46123
coordinate positive behavior intervention supports, learning	46124
environments, thinking and learning systems, collaborative	46125
planning, planning time, student academic interventions, student	46126
extended learning opportunities, and other activities identified	46127
by the team and approved by the district board of education. The	46128
team shall include the building principal, representatives from	46129
each collective bargaining unit, ~~the building lead~~a classroom	46130
teacher, parents, business representatives, and others that	46131
support student success.	46132

(E) The state board may require as part of the health	46133
curriculum information developed under section 2108.34 of the	46134
Revised Code promoting the donation of anatomical gifts pursuant	46135
to Chapter 2108. of the Revised Code and may provide the	46136
information to high schools, educational service centers, and	46137
joint vocational school district boards of education;	46138

(F) The state board shall prepare and submit annually to the	46139
governor and the general assembly a report on the status, needs,	46140
and major problems of the public schools of the state, with	46141
recommendations for necessary legislative action and a ten-year	46142
projection of the state's public and nonpublic school enrollment,	46143
by year and by grade level.	46144

(G) The state board shall prepare and submit to the director	46145
of budget and management the biennial budgetary requests of the	46146
state board of education, for its agencies and for the public	46147
schools of the state.	46148

(H) The state board shall cooperate with federal, state, and	46149
local agencies concerned with the health and welfare of children	46150
and youth of the state.	46151

(I) The state board shall require such reports from school	46152
districts and educational service centers, school officers, and	46153
employees as are necessary and desirable. The superintendents and	46154
treasurers of school districts and educational service centers	46155
shall certify as to the accuracy of all reports required by law or	46156
state board or state department of education rules to be submitted	46157
by the district or educational service center and which contain	46158
information necessary for calculation of state funding. Any	46159
superintendent who knowingly falsifies such report shall be	46160
subject to license revocation pursuant to section 3319.31 of the	46161
Revised Code.	46162

(J) In accordance with Chapter 119. of the Revised Code, the	46163
state board shall adopt procedures, standards, and guidelines for	46164
the education of children with disabilities pursuant to Chapter	46165
3323. of the Revised Code, including procedures, standards, and	46166
guidelines governing programs and services operated by county	46167
boards of developmental disabilities pursuant to section 3323.09	46168
of the Revised Code.	46169

(K) For the purpose of encouraging the development of special	46170
programs of education for academically gifted children, the state	46171
board shall employ competent persons to analyze and publish data,	46172
promote research, advise and counsel with boards of education, and	46173
encourage the training of teachers in the special instruction of	46174
gifted children. The board may provide financial assistance out of	46175
any funds appropriated for this purpose to boards of education and	46176
educational service center governing boards for developing and	46177
conducting programs of education for academically gifted children.	46178

(L) The state board shall require that all public schools	46179
emphasize and encourage, within existing units of study, the	46180
teaching of energy and resource conservation as recommended to	46181
each district board of education by leading business persons	46182
involved in energy production and conservation, beginning in the	46183
primary grades.	46184

(M) The state board shall formulate and prescribe minimum	46185
standards requiring the use of phonics as a technique in the	46186
teaching of reading in grades kindergarten through three. In	46187
addition, the state board shall provide in-service training	46188
programs for teachers on the use of phonics as a technique in the	46189
teaching of reading in grades kindergarten through three.	46190

(N) The state board may adopt rules necessary for carrying	46191
out any function imposed on it by law, and may provide rules as	46192
are necessary for its government and the government of its	46193
employees, and may delegate to the superintendent of public	46194
instruction the management and administration of any function	46195
imposed on it by law. It may provide for the appointment of board	46196
members to serve on temporary committees established by the board	46197
for such purposes as are necessary. Permanent or standing	46198
committees shall not be created.	46199

(O) Upon application from the board of education of a school	46200
district, the superintendent of public instruction may issue a	46201
waiver exempting the district from compliance with the standards	46202
adopted under divisions (B)(2) and (D) of this section, as they	46203
relate to the operation of a school operated by the district. The	46204
state board shall adopt standards for the approval or disapproval	46205
of waivers under this division. The state superintendent shall	46206
consider every application for a waiver, and shall determine	46207
whether to grant or deny a waiver in accordance with the state	46208
board's standards. For each waiver granted, the state	46209
superintendent shall specify the period of time during which the	46210
waiver is in effect, which shall not exceed five years. A district	46211
board may apply to renew a waiver.	46212

Sec. 3301.071. (A)(1) In the case of nontax-supported	46213
schools, standards for teacher certification prescribed under	46214
section 3301.07 of the Revised Code shall provide for	46215
certification, without further educational requirements, of any	46216
administrator, supervisor, or teacher who has attended and	46217
received a bachelor's degree from a college or university	46218
accredited by a national or regional association in the United	46219
States except that, at the discretion of the state board of	46220
education, this requirement may be met by having an equivalent	46221
degree from a foreign college or university of comparable	46222
standing.	46223

(2) In the case of nonchartered, nontax-supported schools,	46224
the standards for teacher certification prescribed under section	46225
3301.07 of the Revised Code shall provide for certification,	46226
without further educational requirements, of any administrator,	46227
supervisor, or teacher who has attended and received a diploma	46228
from a "bible college" or "bible institute" described in division	46229
(E) of section 1713.02 of the Revised Code.	46230

(3) A certificate issued under division (A)(3) of this	46231
section shall be valid only for teaching foreign language, music,	46232
religion, computer technology, or fine arts.	46233

Notwithstanding division (A)(1) of this section, the	46234
standards for teacher certification prescribed under section	46235
3301.07 of the Revised Code shall provide for certification of a	46236
person as a teacher upon receipt by the state board of an	46237
affidavit signed by the chief administrative officer of a	46238
chartered nonpublic school seeking to employ the person, stating	46239
that the person meets one of the following conditions:	46240

(a) The person has specialized knowledge, skills, or	46241
expertise that qualifies the person to provide instruction.	46242

(b) The person has provided to the chief administrative	46243
officer evidence of at least three years of teaching experience in	46244
a public or nonpublic school.	46245

(c) The person has provided to the chief administrative	46246
officer evidence of completion of a teacher training program named	46247
in the affidavit.	46248

(B) Each person applying for a certificate under this section	46249
for purposes of serving in a nonpublic school chartered by the	46250
state board under section 3301.16 of the Revised Code shall pay a	46251
fee in the amount established under division (A) of section	46252
3319.51 of the Revised Code. Any fees received under this division	46253
shall be paid into the state treasury to the credit of the state	46254
board of education certification fund established under division	46255
(B) of section 3319.51 of the Revised Code.	46256

(C) A person applying for or holding any certificate pursuant	46257
to this section for purposes of serving in a nonpublic school	46258
chartered by the state board is subject to sections 3123.41 to	46259
3123.50 of the Revised Code and any applicable rules adopted under	46260
section 3123.63 of the Revised Code and sections 3319.31 and	46261
3319.311 of the Revised Code.	46262

(D) Divisions (B) and (C) of this section and sections	46263
3319.291, 3319.31, and 3319.311 of the Revised Code do not apply	46264
to any administrators, supervisors, or teachers in nonchartered,	46265
nontax-supported schools.	46266

Sec. 3301.079. (A)(1) Not later than June 30, 2010, and at	46267
~~least once every five years~~periodically thereafter, the state	46268
board of education shall adopt statewide academic standards with	46269
emphasis on coherence, focus, and rigor for each of grades	46270
kindergarten through twelve in English language arts, mathematics,	46271
science, and social studies.	46272

The standards shall specify the following:

46273

(a) The core academic content and skills that students are	46274
expected to know and be able to do at each grade level that will	46275
allow each student to be prepared for postsecondary instruction	46276
and the workplace for success in the twenty-first century;	46277

(b) ~~The development of skill sets as they relate to~~	46278
~~creativity and innovation, critical thinking and problem solving,~~	46279
~~and communication and collaboration;~~	46280

~~(c)~~ The development of skill sets that promote information,	46281
media, and technological literacy;	46282

~~(d) The development of skill sets that promote personal~~	46283
~~management, productivity and accountability, and leadership and~~	46284
~~responsibility;~~	46285

~~(e)~~(c) Interdisciplinary, project-based, real-world learning	46286
opportunities.	46287

(2) After completing the standards required by division	46288
(A)(1) of this section, the state board shall adopt standards and	46289
model curricula for instruction in ~~computer literacy~~technology,	46290
financial literacy and entrepreneurship, fine arts, and foreign	46291
language for grades kindergarten through twelve. The standards	46292
shall meet the same requirements prescribed in divisions (A)(1)(a)	46293
to ~~(e)~~(c) of this section.	46294

(3) The state board shall adopt the most recent standards	46295
developed by the national association for sport and physical	46296
education for physical education in grades kindergarten through	46297
twelve or shall adopt its own standards for physical education in	46298
those grades and revise and update them periodically.	46299

The department shall employ a full-time physical education	46300
coordinator to provide guidance and technical assistance to	46301
districts, community schools, and STEM schools in implementing the	46302
physical education standards adopted under this division. The	46303
superintendent of public instruction shall determine that the	46304
person employed as coordinator is qualified for the position, as	46305
demonstrated by possessing an adequate combination of education,	46306
license, and experience.	46307

(4) When academic standards have been completed for any	46308
subject area required by this section, the state board shall	46309
inform all school districts, all community schools established	46310
under Chapter 3314. of the Revised Code, all STEM schools	46311
established under Chapter 3326. of the Revised Code, and all	46312
nonpublic schools required to administer the assessments	46313
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code	46314
of the content of those standards.	46315

(B) Not later than March 31, 2011, the state board shall	46316
adopt a model curriculum for instruction in each subject area for	46317
which updated academic standards are required by division (A)(1)	46318
of this section and for each of grades kindergarten through twelve	46319
that is sufficient to meet the needs of students in every	46320
community. The model curriculum shall be aligned with the	46321
standards, to ensure that the academic content and skills	46322
specified for each grade level are taught to students, and shall	46323
demonstrate vertical articulation and emphasize coherence, focus,	46324
and rigor. When any model curriculum has been completed, the state	46325
board shall inform all school districts, community schools, and	46326
STEM schools of the content of that model curriculum.	46327

All school districts, community schools, and STEM schools may	46328
utilize the state standards and the model curriculum established	46329
by the state board, together with other relevant resources,	46330
examples, or models to ensure that students have the opportunity	46331
to attain the academic standards. Upon request, the department of	46332
education shall provide technical assistance to any district,	46333
community school, or STEM school in implementing the model	46334
curriculum.	46335

Nothing in this section requires any school district to	46336
utilize all or any part of a model curriculum developed under this	46337
division.	46338

(C) The state board shall develop achievement assessments	46339
aligned with the academic standards and model curriculum for each	46340
of the subject areas and grade levels required by divisions (A)(1)	46341
and (B)(1) of section 3301.0710 of the Revised Code.	46342

When any achievement assessment has been completed, the state	46343
board shall inform all school districts, community schools, STEM	46344
schools, and nonpublic schools required to administer the	46345
assessment of its completion, and the department of education	46346
shall make the achievement assessment available to the districts	46347
and schools.	46348

(D)(1) The state board shall adopt a diagnostic assessment	46349
aligned with the academic standards and model curriculum for each	46350
of grades kindergarten through two in English language arts and	46351
mathematics and for grade three in English language arts. The	46352
diagnostic assessment shall be designed to measure student	46353
comprehension of academic content and mastery of related skills	46354
for the relevant subject area and grade level. Any diagnostic	46355
assessment shall not include components to identify gifted	46356
students. Blank copies of diagnostic assessments shall be public	46357
records.	46358

(2) When each diagnostic assessment has been completed, the	46359
state board shall inform all school districts of its completion	46360
and the department of education shall make the diagnostic	46361
assessment available to the districts at no cost to the district.	46362
School districts shall administer the diagnostic assessment	46363
pursuant to section 3301.0715 of the Revised Code beginning the	46364
first school year following the development of the assessment.	46365

(E) The state board shall not adopt a diagnostic or	46366
achievement assessment for any grade level or subject area other	46367
than those specified in this section.	46368

(F) Whenever the state board or the department of education	46369
consults with persons for the purpose of drafting or reviewing any	46370
standards, diagnostic assessments, achievement assessments, or	46371
model curriculum required under this section, the state board or	46372
the department shall first consult with parents of students in	46373
kindergarten through twelfth grade and with active Ohio classroom	46374
teachers, other school personnel, and administrators with	46375
expertise in the appropriate subject area. Whenever practicable,	46376
the state board and department shall consult with teachers	46377
recognized as outstanding in their fields.	46378

If the department contracts with more than one outside entity	46379
for the development of the achievement assessments required by	46380
this section, the department shall ensure the interchangeability	46381
of those assessments.	46382

(G) The fairness sensitivity review committee, established by	46383
rule of the state board of education, shall not allow any question	46384
on any achievement or diagnostic assessment developed under this	46385
section or any proficiency test prescribed by former section	46386
3301.0710 of the Revised Code, as it existed prior to September	46387
11, 2001, to include, be written to promote, or inquire as to	46388
individual moral or social values or beliefs. The decision of the	46389
committee shall be final. This section does not create a private	46390
cause of action.	46391

(H) Not later than forty-five days prior to the initial	46392
deadline established under division (A)(1) of this section and the	46393
deadline established under division (B) of this section, the	46394
superintendent of public instruction shall present the academic	46395
standards or model curricula, as applicable, to the respective	46396
committees of the house of representatives and senate that	46397
consider education legislation.	46398

(I) As used in this section:

46399

(1) "Coherence" means a reflection of the structure of the	46400
discipline being taught.	46401

(2) "Focus" means limiting the number of items included in a	46402
curriculum to allow for deeper exploration of the subject matter.	46403

(3) "Rigor" means more challenging and demanding when	46404
compared to international standards.	46405

(4) "Vertical articulation" means key academic concepts and	46406
skills associated with mastery in particular content areas should	46407
be articulated and reinforced in a developmentally appropriate	46408
manner at each grade level so that over time students acquire a	46409
depth of knowledge and understanding in the core academic	46410
disciplines.	46411

Sec. 3301.0710. The state board of education shall adopt	46412
rules establishing a statewide program to assess student	46413
achievement. The state board shall ensure that all assessments	46414
administered under the program are aligned with the academic	46415
standards and model curricula adopted by the state board and are	46416
created with input from Ohio parents, Ohio classroom teachers,	46417
Ohio school administrators, and other Ohio school personnel	46418
pursuant to section 3301.079 of the Revised Code.	46419

The assessment program shall be designed to ensure that	46420
students who receive a high school diploma demonstrate at least	46421
high school levels of achievement in English language arts,	46422
mathematics, science, and social studies~~, and other skills~~	46423
~~necessary in the twenty-first century~~.	46424

(A)(1) The state board shall prescribe all of the following:

46425

(a) Two statewide achievement assessments, one each designed	46426
to measure the level of English language arts and mathematics	46427
skill expected at the end of third grade;	46428

(b) Two statewide achievement assessments, one each designed	46429
to measure the level of English language arts and mathematics	46430
skill expected at the end of fourth grade;	46431

(c) Four statewide achievement assessments, one each designed	46432
to measure the level of English language arts, mathematics,	46433
science, and social studies skill expected at the end of fifth	46434
grade;	46435

(d) Two statewide achievement assessments, one each designed	46436
to measure the level of English language arts and mathematics	46437
skill expected at the end of sixth grade;	46438

(e) Two statewide achievement assessments, one each designed	46439
to measure the level of English language arts and mathematics	46440
skill expected at the end of seventh grade;	46441

(f) Four statewide achievement assessments, one each designed	46442
to measure the level of English language arts, mathematics,	46443
science, and social studies skill expected at the end of eighth	46444
grade.	46445

(2) The state board shall determine and designate at least	46446
three ranges of scores on each of the achievement assessments	46447
described in divisions (A)(1) and (B)(1) of this section. Each	46448
range of scores shall be deemed to demonstrate a level of	46449
achievement so that any student attaining a score within such	46450
range has achieved one of the following:	46451

(a) An advanced level of skill;

46452

(b) A proficient level of skill;

46453

46454

(B)(1) The assessments prescribed under division (B)(1) of	46455
this section shall collectively be known as the Ohio graduation	46456
tests. The state board shall prescribe five statewide high school	46457
achievement assessments, one each designed to measure the level of	46458
reading, writing, mathematics, science, and social studies skill	46459
expected at the end of tenth grade. The state board shall	46460
designate a score in at least the range designated under division	46461
(A)(2)(b) of this section on each such assessment that shall be	46462
deemed to be a passing score on the assessment as a condition	46463
toward granting high school diplomas under sections 3313.61,	46464
3313.611, 3313.612, and 3325.08 of the Revised Code until the	46465
assessment system prescribed by section 3301.0712 of the Revised	46466
Code is implemented in accordance with rules adopted by the state	46467
board under division ~~(E)~~(D) of that section.	46468

(2) The state board shall prescribe an assessment system in	46469
accordance with section 3301.0712 of the Revised Code that shall	46470
replace the Ohio graduation tests in the manner prescribed by	46471
rules adopted by the state board under division ~~(E)~~(D) of that	46472
section.	46473

(3) The state board may enter into a reciprocal agreement	46474
with the appropriate body or agency of any other state that has	46475
similar statewide achievement assessment requirements for	46476
receiving high school diplomas, under which any student who has	46477
met an achievement assessment requirement of one state is	46478
recognized as having met the similar requirement of the other	46479
state for purposes of receiving a high school diploma. For	46480
purposes of this section and sections 3301.0711 and 3313.61 of the	46481
Revised Code, any student enrolled in any public high school in	46482
this state who has met an achievement assessment requirement	46483
specified in a reciprocal agreement entered into under this	46484
division shall be deemed to have attained at least the applicable	46485
score designated under this division on each assessment required	46486
by division (B)(1) or (2) of this section that is specified in the	46487
agreement.	46488

(C) The superintendent of public instruction shall designate	46489
dates and times for the administration of the assessments	46490
prescribed by divisions (A) and (B) of this section.	46491

In prescribing administration dates pursuant to this	46492
division, the superintendent shall designate the dates in such a	46493
way as to allow a reasonable length of time between the	46494
administration of assessments prescribed under this section and	46495
any administration of the national assessment of educational	46496
progress given to students in the same grade level pursuant to	46497
section 3301.27 of the Revised Code or federal law.	46498

(D) The state board shall prescribe a practice version of	46499
each Ohio graduation test described in division (B)(1) of this	46500
section that is of comparable length to the actual test.	46501

(E) Any committee established by the department of education	46502
for the purpose of making recommendations to the state board	46503
regarding the state board's designation of scores on the	46504
assessments described by this section shall inform the state board	46505
of the probable percentage of students who would score in each of	46506
the ranges established under division (A)(2) of this section on	46507
the assessments if the committee's recommendations are adopted by	46508
the state board. To the extent possible, these percentages shall	46509
be disaggregated by gender, major racial and ethnic groups,	46510
limited English proficient students, economically disadvantaged	46511
students, students with disabilities, and migrant students.	46512

If the state board intends to make any change to the	46513
committee's recommendations, the state board shall explain the	46514
intended change to the Ohio accountability task force established	46515
by section 3302.021 of the Revised Code. The task force shall	46516
recommend whether the state board should proceed to adopt the	46517
intended change. Nothing in this division shall require the state	46518
board to designate assessment scores based upon the	46519
recommendations of the task force.	46520

Sec. 3301.0711. (A) The department of education shall:

46521

(1) Annually furnish to, grade, and score all assessments	46522
required by divisions (A)(1) and (B)(1) of section 3301.0710 of	46523
the Revised Code to be administered by city, local, exempted	46524
village, and joint vocational school districts, except that each	46525
district shall score any assessment administered pursuant to	46526
division (B)(10) of this section. Each assessment so furnished	46527
shall include the data verification code of the student to whom	46528
the assessment will be administered, as assigned pursuant to	46529
division (D)(2) of section 3301.0714 of the Revised Code. In	46530
furnishing the practice versions of Ohio graduation tests	46531
prescribed by division (D) of section 3301.0710 of the Revised	46532
Code, the department shall make the tests available on its web	46533
site for reproduction by districts. In awarding contracts for	46534
grading assessments, the department shall give preference to	46535
Ohio-based entities employing Ohio residents.	46536

(2) Adopt rules for the ethical use of assessments and	46537
prescribing the manner in which the assessments prescribed by	46538
section 3301.0710 of the Revised Code shall be administered to	46539
students.	46540

(B) Except as provided in divisions (C) and (J) of this	46541
section, the board of education of each city, local, and exempted	46542
village school district shall, in accordance with rules adopted	46543
under division (A) of this section:	46544

(1) Administer the English language arts assessments	46545
prescribed under division (A)(1)(a) of section 3301.0710 of the	46546
Revised Code twice annually to all students in the third grade who	46547
have not attained the score designated for that assessment under	46548
division (A)(2)(b) of section 3301.0710 of the Revised Code.	46549

(2) Administer the mathematics assessment prescribed under	46550
division (A)(1)(a) of section 3301.0710 of the Revised Code at	46551
least once annually to all students in the third grade.	46552

(3) Administer the assessments prescribed under division	46553
(A)(1)(b) of section 3301.0710 of the Revised Code at least once	46554
annually to all students in the fourth grade.	46555

(4) Administer the assessments prescribed under division	46556
(A)(1)(c) of section 3301.0710 of the Revised Code at least once	46557
annually to all students in the fifth grade.	46558

(5) Administer the assessments prescribed under division	46559
(A)(1)(d) of section 3301.0710 of the Revised Code at least once	46560
annually to all students in the sixth grade.	46561

(6) Administer the assessments prescribed under division	46562
(A)(1)(e) of section 3301.0710 of the Revised Code at least once	46563
annually to all students in the seventh grade.	46564

(7) Administer the assessments prescribed under division	46565
(A)(1)(f) of section 3301.0710 of the Revised Code at least once	46566
annually to all students in the eighth grade.	46567

(8) Except as provided in division (B)(9) of this section,	46568
administer any assessment prescribed under division (B)(1) of	46569
section 3301.0710 of the Revised Code as follows:	46570

(a) At least once annually to all tenth grade students and at	46571
least twice annually to all students in eleventh or twelfth grade	46572
who have not yet attained the score on that assessment designated	46573
under that division;	46574

(b) To any person who has successfully completed the	46575
curriculum in any high school or the individualized education	46576
program developed for the person by any high school pursuant to	46577
section 3323.08 of the Revised Code but has not received a high	46578
school diploma and who requests to take such assessment, at any	46579
time such assessment is administered in the district.	46580

(9) In lieu of the board of education of any city, local, or	46581
exempted village school district in which the student is also	46582
enrolled, the board of a joint vocational school district shall	46583
administer any assessment prescribed under division (B)(1) of	46584
section 3301.0710 of the Revised Code at least twice annually to	46585
any student enrolled in the joint vocational school district who	46586
has not yet attained the score on that assessment designated under	46587
that division. A board of a joint vocational school district may	46588
also administer such an assessment to any student described in	46589
division (B)(8)(b) of this section.	46590

(10) If the district has been declared to be under an	46591
academic watch or in a state of academic emergency pursuant to	46592
section 3302.03 of the Revised Code or has a three-year average	46593
graduation rate of not more than seventy-five per cent, administer	46594
each assessment prescribed by division (D) of section 3301.0710 of	46595
the Revised Code in September to all ninth grade students,	46596
beginning in the school year that starts July 1, 2005.	46597

Except as provided in section 3313.614 of the Revised Code	46598
for administration of an assessment to a person who has fulfilled	46599
the curriculum requirement for a high school diploma but has not	46600
passed one or more of the required assessments, the assessments	46601
prescribed under division (B)(1) of section 3301.0710 of the	46602
Revised Code and the practice assessments prescribed under	46603
division (D) of that section and required to be administered under	46604
divisions (B)(8), (9), and (10) of this section shall not be	46605
administered after the assessment system prescribed by division	46606
(B)(2) of section 3301.0710 and section 3301.0712 of the Revised	46607
Code is implemented under rule of the state board adopted under	46608
division ~~(E)~~(D)(1) of section 3301.0712 of the Revised Code.	46609

(11) Administer the assessments prescribed by division (B)(2)	46610
of section 3301.0710 and section 3301.0712 of the Revised Code in	46611
accordance with the timeline and plan for implementation of those	46612
assessments prescribed by rule of the state board adopted under	46613
division ~~(E)~~(D)(1) of section 3301.0712 of the Revised Code.	46614

(C)(1)(a) ~~Any~~In the case of a student receiving special	46615
education services under Chapter 3323. of the Revised Code, the	46616
individualized education program developed for the student under	46617
that chapter shall specify the manner in which the student will	46618
participate in the assessments administered under this section.	46619
The individualized education program may ~~be excused~~excuse the	46620
student from taking any particular assessment required to be	46621
administered under this section if ~~the individualized education~~	46622
~~program developed for the student pursuant to section 3323.08 of~~	46623
~~the Revised Code excuses the student from taking that assessment~~	46624
~~and~~it instead specifies an alternate assessment method approved	46625
by the department of education as conforming to requirements of	46626
federal law for receipt of federal funds for disadvantaged pupils.	46627
To the extent possible, the individualized education program shall	46628
not excuse the student from taking an assessment unless no	46629
reasonable accommodation can be made to enable the student to take	46630
the assessment.	46631

(b) Any alternate assessment approved by the department for a	46632
student under this division shall produce measurable results	46633
comparable to those produced by the assessment it replaces in	46634
order to allow for the student's results to be included in the	46635
data compiled for a school district or building under section	46636
3302.03 of the Revised Code.	46637

(c) Any student enrolled in a chartered nonpublic school who	46638
has been identified, based on an evaluation conducted in	46639
accordance with section 3323.03 of the Revised Code or section 504	46640
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	46641
794, as amended, as a child with a disability shall be excused	46642
from taking any particular assessment required to be administered	46643
under this section if a plan developed for the student pursuant to	46644
rules adopted by the state board excuses the student from taking	46645
that assessment. In the case of any student so excused from taking	46646
an assessment, the chartered nonpublic school shall not prohibit	46647
the student from taking the assessment.	46648

(2) A district board may, for medical reasons or other good	46649
cause, excuse a student from taking an assessment administered	46650
under this section on the date scheduled, but that assessment	46651
shall be administered to the excused student not later than nine	46652
days following the scheduled date. The district board shall	46653
annually report the number of students who have not taken one or	46654
more of the assessments required by this section to the state	46655
board of education not later than the thirtieth day of June.	46656

(3) As used in this division, "limited English proficient	46657
student" has the same meaning as in 20 U.S.C. 7801.	46658

No school district board shall excuse any limited English	46659
proficient student from taking any particular assessment required	46660
to be administered under this section, except that any limited	46661
English proficient student who has been enrolled in United States	46662
schools for less than one full school year shall not be required	46663
to take any reading, writing, or English language arts assessment.	46664
However, no board shall prohibit a limited English proficient	46665
student who is not required to take an assessment under this	46666
division from taking the assessment. A board may permit any	46667
limited English proficient student to take an assessment required	46668
to be administered under this section with appropriate	46669
accommodations, as determined by the department. For each limited	46670
English proficient student, each school district shall annually	46671
assess that student's progress in learning English, in accordance	46672
with procedures approved by the department.	46673

The governing authority of a chartered nonpublic school may	46674
excuse a limited English proficient student from taking any	46675
assessment administered under this section. However, no governing	46676
authority shall prohibit a limited English proficient student from	46677
taking the assessment.	46678

(D)(1) In the school year next succeeding the school year in	46679
which the assessments prescribed by division (A)(1) or (B)(1) of	46680
section 3301.0710 of the Revised Code or former division (A)(1),	46681
(A)(2), or (B) of section 3301.0710 of the Revised Code as it	46682
existed prior to September 11, 2001, are administered to any	46683
student, the board of education of any school district in which	46684
the student is enrolled in that year shall provide to the student	46685
intervention services commensurate with the student's performance,	46686
including any intensive intervention required under section	46687
3313.608 of the Revised Code, in any skill in which the student	46688
failed to demonstrate at least a score at the proficient level on	46689
the assessment.	46690

(2) Following any administration of the assessments	46691
prescribed by division (D) of section 3301.0710 of the Revised	46692
Code to ninth grade students, each school district that has a	46693
three-year average graduation rate of not more than seventy-five	46694
per cent shall determine for each high school in the district	46695
whether the school shall be required to provide intervention	46696
services to any students who took the assessments. In determining	46697
which high schools shall provide intervention services based on	46698
the resources available, the district shall consider each school's	46699
graduation rate and scores on the practice assessments. The	46700
district also shall consider the scores received by ninth grade	46701
students on the English language arts and mathematics assessments	46702
prescribed under division (A)(1)(f) of section 3301.0710 of the	46703
Revised Code in the eighth grade in determining which high schools	46704
shall provide intervention services.	46705

Each high school selected to provide intervention services	46706
under this division shall provide intervention services to any	46707
student whose results indicate that the student is failing to make	46708
satisfactory progress toward being able to attain scores at the	46709
proficient level on the Ohio graduation tests. Intervention	46710
services shall be provided in any skill in which a student	46711
demonstrates unsatisfactory progress and shall be commensurate	46712
with the student's performance. Schools shall provide the	46713
intervention services prior to the end of the school year, during	46714
the summer following the ninth grade, in the next succeeding	46715
school year, or at any combination of those times.	46716

(E) Except as provided in section 3313.608 of the Revised	46717
Code and division (M) of this section, no school district board of	46718
education shall utilize any student's failure to attain a	46719
specified score on an assessment administered under this section	46720
as a factor in any decision to deny the student promotion to a	46721
higher grade level. However, a district board may choose not to	46722
promote to the next grade level any student who does not take an	46723
assessment administered under this section or make up an	46724
assessment as provided by division (C)(2) of this section and who	46725
is not exempt from the requirement to take the assessment under	46726
division (C)(3) of this section.	46727

(F) No person shall be charged a fee for taking any	46728
assessment administered under this section.	46729

(G)(1) Each school district board shall designate one	46730
location for the collection of assessments administered in the	46731
spring under division (B)(1) of this section and those	46732
administered under divisions (B)(2) to (7) of this section. Each	46733
district board shall submit the assessments to the entity with	46734
which the department contracts for the scoring of the assessments	46735
as follows:	46736

(a) If the district's total enrollment in grades kindergarten	46737
through twelve during the first full school week of October was	46738
less than two thousand five hundred, not later than the Friday	46739
after all of the assessments have been administered;	46740

(b) If the district's total enrollment in grades kindergarten	46741
through twelve during the first full school week of October was	46742
two thousand five hundred or more, but less than seven thousand,	46743
not later than the Monday after all of the assessments have been	46744
administered;	46745

(c) If the district's total enrollment in grades kindergarten	46746
through twelve during the first full school week of October was	46747
seven thousand or more, not later than the Tuesday after all of	46748
the assessments have been administered.	46749

However, any assessment that a student takes during the	46750
make-up period described in division (C)(2) of this section shall	46751
be submitted not later than the Friday following the day the	46752
student takes the assessment.	46753

(2) The department or an entity with which the department	46754
contracts for the scoring of the assessment shall send to each	46755
school district board a list of the individual scores of all	46756
persons taking an assessment prescribed by division (A)(1) or	46757
(B)(1) of section 3301.0710 of the Revised Code within sixty days	46758
after its administration, but in no case shall the scores be	46759
returned later than the fifteenth day of June following the	46760
administration. For assessments administered under this section by	46761
a joint vocational school district, the department or entity shall	46762
also send to each city, local, or exempted village school district	46763
a list of the individual scores of any students of such city,	46764
local, or exempted village school district who are attending	46765
school in the joint vocational school district.	46766

(H) Individual scores on any assessments administered under	46767
this section shall be released by a district board only in	46768
accordance with section 3319.321 of the Revised Code and the rules	46769
adopted under division (A) of this section. No district board or	46770
its employees shall utilize individual or aggregate results in any	46771
manner that conflicts with rules for the ethical use of	46772
assessments adopted pursuant to division (A) of this section.	46773

(I) Except as provided in division (G) of this section, the	46774
department or an entity with which the department contracts for	46775
the scoring of the assessment shall not release any individual	46776
scores on any assessment administered under this section. The	46777
state board of education shall adopt rules to ensure the	46778
protection of student confidentiality at all times. The rules may	46779
require the use of the data verification codes assigned to	46780
students pursuant to division (D)(2) of section 3301.0714 of the	46781
Revised Code to protect the confidentiality of student scores.	46782

(J) Notwithstanding division (D) of section 3311.52 of the	46783
Revised Code, this section does not apply to the board of	46784
education of any cooperative education school district except as	46785
provided under rules adopted pursuant to this division.	46786

(1) In accordance with rules that the state board of	46787
education shall adopt, the board of education of any city,	46788
exempted village, or local school district with territory in a	46789
cooperative education school district established pursuant to	46790
divisions (A) to (C) of section 3311.52 of the Revised Code may	46791
enter into an agreement with the board of education of the	46792
cooperative education school district for administering any	46793
assessment prescribed under this section to students of the city,	46794
exempted village, or local school district who are attending	46795
school in the cooperative education school district.	46796

(2) In accordance with rules that the state board of	46797
education shall adopt, the board of education of any city,	46798
exempted village, or local school district with territory in a	46799
cooperative education school district established pursuant to	46800
section 3311.521 of the Revised Code shall enter into an agreement	46801
with the cooperative district that provides for the administration	46802
of any assessment prescribed under this section to both of the	46803
following:	46804

(a) Students who are attending school in the cooperative	46805
district and who, if the cooperative district were not	46806
established, would be entitled to attend school in the city,	46807
local, or exempted village school district pursuant to section	46808
3313.64 or 3313.65 of the Revised Code;	46809

(b) Persons described in division (B)(8)(b) of this section.

46810

Any assessment of students pursuant to such an agreement	46811
shall be in lieu of any assessment of such students or persons	46812
pursuant to this section.	46813

(K)(1) As a condition of compliance with section 3313.612 of	46814
the Revised Code, each chartered nonpublic school that educates	46815
students in grades nine through twelve shall administer the	46816
assessments prescribed by divisions (B)(1) and (2) of section	46817
3301.0710 of the Revised Code. Any chartered nonpublic school may	46818
participate in the assessment program by administering any of the	46819
assessments prescribed by division (A) of section 3301.0710 of the	46820
Revised Code. The chief administrator of the school shall specify	46821
which assessments the school will administer. Such specification	46822
shall be made in writing to the superintendent of public	46823
instruction prior to the first day of August of any school year in	46824
which assessments are administered and shall include a pledge that	46825
the nonpublic school will administer the specified assessments in	46826
the same manner as public schools are required to do under this	46827
section and rules adopted by the department.	46828

(2) The department of education shall furnish the assessments	46829
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	46830
to each chartered nonpublic school that participates under this	46831
division.	46832

(L)(1) The superintendent of the state school for the blind	46833
and the superintendent of the state school for the deaf shall	46834
administer the assessments described by sections 3301.0710 and	46835
3301.0712 of the Revised Code. Each superintendent shall	46836
administer the assessments in the same manner as district boards	46837
are required to do under this section and rules adopted by the	46838
department of education and in conformity with division (C)(1)(a)	46839
of this section.	46840

(2) The department of education shall furnish the assessments	46841
described by sections 3301.0710 and 3301.0712 of the Revised Code	46842
to each superintendent.	46843

(M) Notwithstanding division (E) of this section, a school	46844
district may use a student's failure to attain a score in at least	46845
the proficient range on the mathematics assessment described by	46846
division (A)(1)(a) of section 3301.0710 of the Revised Code or on	46847
an assessment described by division (A)(1)(b), (c), (d), (e), or	46848
(f) of section 3301.0710 of the Revised Code as a factor in	46849
retaining that student in the current grade level.	46850

(N)(1) In the manner specified in divisions (N)(3) and (4) of	46851
this section, the assessments required by division (A)(1) of	46852
section 3301.0710 of the Revised Code shall become public records	46853
pursuant to section 149.43 of the Revised Code on the first day of	46854
July following the school year that the assessments were	46855
administered.	46856

(2) The department may field test proposed questions with	46857
samples of students to determine the validity, reliability, or	46858
appropriateness of questions for possible inclusion in a future	46859
year's assessment. The department also may use anchor questions on	46860
assessments to ensure that different versions of the same	46861
assessment are of comparable difficulty.	46862

Field test questions and anchor questions shall not be	46863
considered in computing scores for individual students. Field test	46864
questions and anchor questions may be included as part of the	46865
administration of any assessment required by division (A)(1) or	46866
(B)(1) of section 3301.0710 of the Revised Code.	46867

(3) Any field test question or anchor question administered	46868
under division (N)(2) of this section shall not be a public	46869
record. Such field test questions and anchor questions shall be	46870
redacted from any assessments which are released as a public	46871
record pursuant to division (N)(1) of this section.	46872

(4) This division applies to the assessments prescribed by	46873
division (A) of section 3301.0710 of the Revised Code.	46874

(a) The first administration of each assessment, as specified	46875
in former section 3301.0712 of the Revised Code, shall be a public	46876
record.	46877

(b) For subsequent administrations of each assessment prior	46878
to the 2011-2012 school year, not less than forty per cent of the	46879
questions on the assessment that are used to compute a student's	46880
score shall be a public record. The department shall determine	46881
which questions will be needed for reuse on a future assessment	46882
and those questions shall not be public records and shall be	46883
redacted from the assessment prior to its release as a public	46884
record. However, for each redacted question, the department shall	46885
inform each city, local, and exempted village school district of	46886
the statewide academic standard adopted by the state board of	46887
education under section 3301.079 of the Revised Code and the	46888
corresponding benchmark to which the question relates. The	46889
preceding sentence does not apply to field test questions that are	46890
redacted under division (N)(3) of this section.	46891

(c) The administrations of each assessment in the 2011-2012	46892
school year and later shall not be a public record.	46893

(5) Each assessment prescribed by division (B)(1) of section	46894
3301.0710 of the Revised Code shall not be a public record.	46895

(O) As used in this section:

46896

(1) "Three-year average" means the average of the most recent	46897
consecutive three school years of data.	46898

(2) "Dropout" means a student who withdraws from school	46899
before completing course requirements for graduation and who is	46900
not enrolled in an education program approved by the state board	46901
of education or an education program outside the state. "Dropout"	46902
does not include a student who has departed the country.	46903

(3) "Graduation rate" means the ratio of students receiving a	46904
diploma to the number of students who entered ninth grade four	46905
years earlier. Students who transfer into the district are added	46906
to the calculation. Students who transfer out of the district for	46907
reasons other than dropout are subtracted from the calculation. If	46908
a student who was a dropout in any previous year returns to the	46909
same school district, that student shall be entered into the	46910
calculation as if the student had entered ninth grade four years	46911
before the graduation year of the graduating class that the	46912
student joins.	46913

Sec. 3301.0712. (A) The state board of education, the	46914
superintendent of public instruction, and the chancellor of the	46915
Ohio board of regents shall develop a system of college and work	46916
ready assessments as described in divisions (B)(1) ~~to (3)~~and (2)	46917
of this section to assess whether each student upon graduating	46918
from high school is ready to enter college or the workforce. The	46919
system shall replace the Ohio graduation tests prescribed in	46920
division (B)(1) of section 3301.0710 of the Revised Code as a	46921
measure of student academic performance and a prerequisite for	46922
eligibility for a high school diploma in the manner prescribed by	46923
rule of the state board adopted under division ~~(E)~~(D) of this	46924
section.	46925

(B) The college and work ready assessment system shall	46926
consist of the following:	46927

(1) A nationally standardized assessment that measures	46928
~~competencies in science, mathematics, and English language arts~~	46929
college and career readiness selected jointly by the state	46930
superintendent and the chancellor.	46931

(2) A series of end-of-course examinations in the areas of	46932
science, mathematics, English language arts, and social studies	46933
selected jointly by the state superintendent and the chancellor in	46934
consultation with faculty in the appropriate subject areas at	46935
institutions of higher education of the university system of Ohio.	46936
For each subject area, the state superintendent and chancellor	46937
shall select multiple assessments that school districts, public	46938
schools, and chartered nonpublic schools may use as end-of-course	46939
examinations. Those assessments shall include nationally	46940
recognized subject area assessments, such as advanced placement	46941
examinations, SAT subject tests, international baccalaureate	46942
examinations, and other assessments of college and work readiness.	46943

~~(3) A senior project completed by a student or a group of~~	46944
~~students. The purpose of the senior project is to assess the~~	46945
~~student's:~~	46946

~~(a) Mastery of core knowledge in a subject area chosen by the~~	46947
~~student;~~	46948

~~(b) Written and verbal communication skills;~~

46949

~~(c) Critical thinking and problem-solving skills;~~

46950

~~(d) Real-world and interdisciplinary learning;~~

46951

~~(e) Creative and innovative thinking;~~

46952

~~(f) Acquired technology, information, and media skills;~~

46953

~~(g) Personal management skills such as self-direction, time~~	46954
~~management, work ethic, enthusiasm, and the desire to produce a~~	46955
~~high quality product.~~	46956

~~The state superintendent and the chancellor jointly shall~~	46957
~~develop standards for the senior project for students~~	46958
~~participating in dual enrollment programs.~~	46959

(C)~~(1) The state superintendent and the chancellor jointly~~	46960
~~shall designate the scoring rubrics and the required overall~~	46961
~~composite score for the assessment system to assess whether each~~	46962
~~student is college or work ready.~~	46963

~~(2) Each senior project shall be judged by the student's high~~	46964
~~school in accordance with rubrics designated by the state~~	46965
~~superintendent and the chancellor.~~	46966

~~(D)~~ Not later than thirty days after the state board adopts	46967
the model curricula required by division (B) of section 3301.079	46968
of the Revised Code, the state board shall convene a group of	46969
national experts, state experts, and local practitioners to	46970
provide advice, guidance, and recommendations for the alignment of	46971
standards and model curricula to the assessments and in the design	46972
of the end-of-course examinations ~~and scoring rubrics~~ prescribed	46973
by this section.	46974

~~(E)~~(D) Upon completion of the development of the assessment	46975
system, the state board shall adopt rules prescribing all of the	46976
following:	46977

(1) A timeline and plan for implementation of the assessment	46978
system, including a phased implementation if the state board	46979
determines such a phase-in is warranted;	46980

(2) The date after which a person entering ninth grade shall	46981
~~attain at least the composite score for~~meet the requirements of	46982
the entire assessment system as a prerequisite for a high school	46983
diploma under ~~sections~~section 3313.61, 3313.612, or 3325.08 of	46984
the Revised Code;	46985

(3) The date after which a person shall ~~attain at least the~~	46986
~~composite score for~~meet the requirements of the entire assessment	46987
system as a prerequisite for a diploma of adult education under	46988
section 3313.611 of the Revised Code;	46989

(4) Whether and the extent to which a person may be excused	46990
from a social studies end-of-course examination under division (H)	46991
of section 3313.61 and division (B)(2) of section 3313.612 of the	46992
Revised Code;	46993

(5) The date after which a person who has fulfilled the	46994
curriculum requirement for a diploma but has not passed one or	46995
more of the required assessments at the time the person fulfilled	46996
the curriculum requirement shall ~~attain at least the composite~~	46997
~~score for~~meet the requirements of the entire assessment system as	46998
a prerequisite for a high school diploma under division (B) of	46999
section 3313.614 of the Revised Code;	47000

(6) The extent to which the assessment system applies to	47001
students enrolled in a dropout recovery and prevention program for	47002
purposes of division (F) of section 3313.603 and section 3314.36	47003
of the Revised Code.	47004

No rule adopted under this division shall be effective	47005
earlier than one year after the date the rule is filed in final	47006
form pursuant to Chapter 119. of the Revised Code.	47007

~~(F)~~(E) Not later than forty-five days prior to the state	47008
board's adoption of a resolution directing the department of	47009
education to file the rules prescribed by division ~~(E)~~(D) of this	47010
section in final form under section 119.04 of the Revised Code,	47011
the superintendent of public instruction shall present the	47012
assessment system developed under this section to the respective	47013
committees of the house of representatives and senate that	47014
consider education legislation.	47015

Sec. 3301.0714. (A) The state board of education shall adopt	47016
rules for a statewide education management information system. The	47017
rules shall require the state board to establish guidelines for	47018
the establishment and maintenance of the system in accordance with	47019
this section and the rules adopted under this section. The	47020
guidelines shall include:	47021

(1) Standards identifying and defining the types of data in	47022
the system in accordance with divisions (B) and (C) of this	47023
section;	47024

(2) Procedures for annually collecting and reporting the data	47025
to the state board in accordance with division (D) of this	47026
section;	47027

(3) Procedures for annually compiling the data in accordance	47028
with division (G) of this section;	47029

(4) Procedures for annually reporting the data to the public	47030
in accordance with division (H) of this section.	47031

(B) The guidelines adopted under this section shall require	47032
the data maintained in the education management information system	47033
to include at least the following:	47034

(1) Student participation and performance data, for each	47035
grade in each school district as a whole and for each grade in	47036
each school building in each school district, that includes:	47037

(a) The numbers of students receiving each category of	47038
instructional service offered by the school district, such as	47039
regular education instruction, vocational education instruction,	47040
specialized instruction programs or enrichment instruction that is	47041
part of the educational curriculum, instruction for gifted	47042
students, instruction for students with disabilities, and remedial	47043
instruction. The guidelines shall require instructional services	47044
under this division to be divided into discrete categories if an	47045
instructional service is limited to a specific subject, a specific	47046
type of student, or both, such as regular instructional services	47047
in mathematics, remedial reading instructional services,	47048
instructional services specifically for students gifted in	47049
mathematics or some other subject area, or instructional services	47050
for students with a specific type of disability. The categories of	47051
instructional services required by the guidelines under this	47052
division shall be the same as the categories of instructional	47053
services used in determining cost units pursuant to division	47054
(C)(3) of this section.	47055

(b) The numbers of students receiving support or	47056
extracurricular services for each of the support services or	47057
extracurricular programs offered by the school district, such as	47058
counseling services, health services, and extracurricular sports	47059
and fine arts programs. The categories of services required by the	47060
guidelines under this division shall be the same as the categories	47061
of services used in determining cost units pursuant to division	47062
(C)(4)(a) of this section.	47063

(c) Average student grades in each subject in grades nine	47064
through twelve;	47065

(d) Academic achievement levels as assessed under sections	47066
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	47067

(e) The number of students designated as having a disabling	47068
condition pursuant to division (C)(1) of section 3301.0711 of the	47069
Revised Code;	47070

(f) The numbers of students reported to the state board	47071
pursuant to division (C)(2) of section 3301.0711 of the Revised	47072
Code;	47073

(g) Attendance rates and the average daily attendance for the	47074
year. For purposes of this division, a student shall be counted as	47075
present for any field trip that is approved by the school	47076
administration.	47077

(h) Expulsion rates;

47078

(i) Suspension rates;

47079

(j) Dropout rates;

47080

(k) Rates of retention in grade;

47081

(l) For pupils in grades nine through twelve, the average	47082
number of carnegie units, as calculated in accordance with state	47083
board of education rules;	47084

(m) Graduation rates, to be calculated in a manner specified	47085
by the department of education that reflects the rate at which	47086
students who were in the ninth grade three years prior to the	47087
current year complete school and that is consistent with	47088
nationally accepted reporting requirements;	47089

(n) Results of diagnostic assessments administered to	47090
kindergarten students as required under section 3301.0715 of the	47091
Revised Code to permit a comparison of the academic readiness of	47092
kindergarten students. However, no district shall be required to	47093
report to the department the results of any diagnostic assessment	47094
administered to a kindergarten student if the parent of that	47095
student requests the district not to report those results.	47096

(2) Personnel and classroom enrollment data for each school	47097
district, including:	47098

(a) The total numbers of licensed employees and nonlicensed	47099
employees and the numbers of full-time equivalent licensed	47100
employees and nonlicensed employees providing each category of	47101
instructional service, instructional support service, and	47102
administrative support service used pursuant to division (C)(3) of	47103
this section. The guidelines adopted under this section shall	47104
require these categories of data to be maintained for the school	47105
district as a whole and, wherever applicable, for each grade in	47106
the school district as a whole, for each school building as a	47107
whole, and for each grade in each school building.	47108

(b) The total number of employees and the number of full-time	47109
equivalent employees providing each category of service used	47110
pursuant to divisions (C)(4)(a) and (b) of this section, and the	47111
total numbers of licensed employees and nonlicensed employees and	47112
the numbers of full-time equivalent licensed employees and	47113
nonlicensed employees providing each category used pursuant to	47114
division (C)(4)(c) of this section. The guidelines adopted under	47115
this section shall require these categories of data to be	47116
maintained for the school district as a whole and, wherever	47117
applicable, for each grade in the school district as a whole, for	47118
each school building as a whole, and for each grade in each school	47119
building.	47120

(c) The total number of regular classroom teachers teaching	47121
classes of regular education and the average number of pupils	47122
enrolled in each such class, in each of grades kindergarten	47123
through five in the district as a whole and in each school	47124
building in the school district.	47125

(d) The number of lead teachers employed by each school	47126
district and each school building.	47127

(3)(a) Student demographic data for each school district,	47128
including information regarding the gender ratio of the school	47129
district's pupils, the racial make-up of the school district's	47130
pupils, the number of limited English proficient students in the	47131
district, and an appropriate measure of the number of the school	47132
district's pupils who reside in economically disadvantaged	47133
households. The demographic data shall be collected in a manner to	47134
allow correlation with data collected under division (B)(1) of	47135
this section. Categories for data collected pursuant to division	47136
(B)(3) of this section shall conform, where appropriate, to	47137
standard practices of agencies of the federal government.	47138

(b) With respect to each student entering kindergarten,	47139
whether the student previously participated in a public preschool	47140
program, a private preschool program, or a head start program, and	47141
the number of years the student participated in each of these	47142
programs.	47143

(4) Any data required to be collected pursuant to federal	47144
law.	47145

(C) The education management information system shall include	47146
cost accounting data for each district as a whole and for each	47147
school building in each school district. The guidelines adopted	47148
under this section shall require the cost data for each school	47149
district to be maintained in a system of mutually exclusive cost	47150
units and shall require all of the costs of each school district	47151
to be divided among the cost units. The guidelines shall require	47152
the system of mutually exclusive cost units to include at least	47153
the following:	47154

(1) Administrative costs for the school district as a whole.	47155
The guidelines shall require the cost units under this division	47156
(C)(1) to be designed so that each of them may be compiled and	47157
reported in terms of average expenditure per pupil in formula ADM	47158
in the school district, as determined pursuant to section 3317.03	47159
of the Revised Code.	47160

(2) Administrative costs for each school building in the	47161
school district. The guidelines shall require the cost units under	47162
this division (C)(2) to be designed so that each of them may be	47163
compiled and reported in terms of average expenditure per	47164
full-time equivalent pupil receiving instructional or support	47165
services in each building.	47166

(3) Instructional services costs for each category of	47167
instructional service provided directly to students and required	47168
by guidelines adopted pursuant to division (B)(1)(a) of this	47169
section. The guidelines shall require the cost units under	47170
division (C)(3) of this section to be designed so that each of	47171
them may be compiled and reported in terms of average expenditure	47172
per pupil receiving the service in the school district as a whole	47173
and average expenditure per pupil receiving the service in each	47174
building in the school district and in terms of a total cost for	47175
each category of service and, as a breakdown of the total cost, a	47176
cost for each of the following components:	47177

(a) The cost of each instructional services category required	47178
by guidelines adopted under division (B)(1)(a) of this section	47179
that is provided directly to students by a classroom teacher;	47180

(b) The cost of the instructional support services, such as	47181
services provided by a speech-language pathologist, classroom	47182
aide, multimedia aide, or librarian, provided directly to students	47183
in conjunction with each instructional services category;	47184

(c) The cost of the administrative support services related	47185
to each instructional services category, such as the cost of	47186
personnel that develop the curriculum for the instructional	47187
services category and the cost of personnel supervising or	47188
coordinating the delivery of the instructional services category.	47189

(4) Support or extracurricular services costs for each	47190
category of service directly provided to students and required by	47191
guidelines adopted pursuant to division (B)(1)(b) of this section.	47192
The guidelines shall require the cost units under division (C)(4)	47193
of this section to be designed so that each of them may be	47194
compiled and reported in terms of average expenditure per pupil	47195
receiving the service in the school district as a whole and	47196
average expenditure per pupil receiving the service in each	47197
building in the school district and in terms of a total cost for	47198
each category of service and, as a breakdown of the total cost, a	47199
cost for each of the following components:	47200

(a) The cost of each support or extracurricular services	47201
category required by guidelines adopted under division (B)(1)(b)	47202
of this section that is provided directly to students by a	47203
licensed employee, such as services provided by a guidance	47204
counselor or any services provided by a licensed employee under a	47205
supplemental contract;	47206

(b) The cost of each such services category provided directly	47207
to students by a nonlicensed employee, such as janitorial	47208
services, cafeteria services, or services of a sports trainer;	47209

(c) The cost of the administrative services related to each	47210
services category in division (C)(4)(a) or (b) of this section,	47211
such as the cost of any licensed or nonlicensed employees that	47212
develop, supervise, coordinate, or otherwise are involved in	47213
administering or aiding the delivery of each services category.	47214

(D)(1) The guidelines adopted under this section shall	47215
require school districts to collect information about individual	47216
students, staff members, or both in connection with any data	47217
required by division (B) or (C) of this section or other reporting	47218
requirements established in the Revised Code. The guidelines may	47219
also require school districts to report information about	47220
individual staff members in connection with any data required by	47221
division (B) or (C) of this section or other reporting	47222
requirements established in the Revised Code. The guidelines shall	47223
not authorize school districts to request social security numbers	47224
of individual students. The guidelines shall prohibit the	47225
reporting under this section of a student's name, address, and	47226
social security number to the state board of education or the	47227
department of education. The guidelines shall also prohibit the	47228
reporting under this section of any personally identifiable	47229
information about any student, except for the purpose of assigning	47230
the data verification code required by division (D)(2) of this	47231
section, to any other person unless such person is employed by the	47232
school district or the information technology center operated	47233
under section 3301.075 of the Revised Code and is authorized by	47234
the district or technology center to have access to such	47235
information or is employed by an entity with which the department	47236
contracts for the scoring of assessments administered under	47237
section 3301.0711 of the Revised Code. The guidelines may require	47238
school districts to provide the social security numbers of	47239
individual staff members.	47240

(2) The guidelines shall provide for each school district or	47241
community school to assign a data verification code that is unique	47242
on a statewide basis over time to each student whose initial Ohio	47243
enrollment is in that district or school and to report all	47244
required individual student data for that student utilizing such	47245
code. The guidelines shall also provide for assigning data	47246
verification codes to all students enrolled in districts or	47247
community schools on the effective date of the guidelines	47248
established under this section.	47249

Individual student data shall be reported to the department	47250
through the information technology centers utilizing the code but,	47251
except as provided in sections 3310.11, 3310.42, 3313.978,	47252
3310.63, and 3317.20 of the Revised Code, at no time shall the	47253
state board or the department have access to information that	47254
would enable any data verification code to be matched to	47255
personally identifiable student data.	47256

Each school district shall ensure that the data verification	47257
code is included in the student's records reported to any	47258
subsequent school district, community school, or state institution	47259
of higher education, as defined in section 3345.011 of the Revised	47260
Code, in which the student enrolls. Any such subsequent district	47261
or school shall utilize the same identifier in its reporting of	47262
data under this section.	47263

The director of health shall request and receive, pursuant to	47264
sections 3301.0723 and 3701.62 of the Revised Code, a data	47265
verification code for a child who is receiving services under	47266
division (A)(2) of section 3701.61 of the Revised Code.	47267

(E) The guidelines adopted under this section may require	47268
school districts to collect and report data, information, or	47269
reports other than that described in divisions (A), (B), and (C)	47270
of this section for the purpose of complying with other reporting	47271
requirements established in the Revised Code. The other data,	47272
information, or reports may be maintained in the education	47273
management information system but are not required to be compiled	47274
as part of the profile formats required under division (G) of this	47275
section or the annual statewide report required under division (H)	47276
of this section.	47277

(F) Beginning with the school year that begins July 1, 1991,	47278
the board of education of each school district shall annually	47279
collect and report to the state board, in accordance with the	47280
guidelines established by the board, the data required pursuant to	47281
this section. A school district may collect and report these data	47282
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	47283

(G) The state board shall, in accordance with the procedures	47284
it adopts, annually compile the data reported by each school	47285
district pursuant to division (D) of this section. The state board	47286
shall design formats for profiling each school district as a whole	47287
and each school building within each district and shall compile	47288
the data in accordance with these formats. These profile formats	47289
shall:	47290

(1) Include all of the data gathered under this section in a	47291
manner that facilitates comparison among school districts and	47292
among school buildings within each school district;	47293

(2) Present the data on academic achievement levels as	47294
assessed by the testing of student achievement maintained pursuant	47295
to division (B)(1)(d) of this section.	47296

(H)(1) The state board shall, in accordance with the	47297
procedures it adopts, annually prepare a statewide report for all	47298
school districts and the general public that includes the profile	47299
of each of the school districts developed pursuant to division (G)	47300
of this section. Copies of the report shall be sent to each school	47301
district.	47302

(2) The state board shall, in accordance with the procedures	47303
it adopts, annually prepare an individual report for each school	47304
district and the general public that includes the profiles of each	47305
of the school buildings in that school district developed pursuant	47306
to division (G) of this section. Copies of the report shall be	47307
sent to the superintendent of the district and to each member of	47308
the district board of education.	47309

(3) Copies of the reports received from the state board under	47310
divisions (H)(1) and (2) of this section shall be made available	47311
to the general public at each school district's offices. Each	47312
district board of education shall make copies of each report	47313
available to any person upon request and payment of a reasonable	47314
fee for the cost of reproducing the report. The board shall	47315
annually publish in a newspaper of general circulation in the	47316
school district, at least twice during the two weeks prior to the	47317
week in which the reports will first be available, a notice	47318
containing the address where the reports are available and the	47319
date on which the reports will be available.	47320

(I) Any data that is collected or maintained pursuant to this	47321
section and that identifies an individual pupil is not a public	47322
record for the purposes of section 149.43 of the Revised Code.	47323

(J) As used in this section:

47324

(1) "School district" means any city, local, exempted	47325
village, or joint vocational school district and, in accordance	47326
with section 3314.17 of the Revised Code, any community school. As	47327
used in division (L) of this section, "school district" also	47328
includes any educational service center or other educational	47329
entity required to submit data using the system established under	47330
this section.	47331

(2) "Cost" means any expenditure for operating expenses made	47332
by a school district excluding any expenditures for debt	47333
retirement except for payments made to any commercial lending	47334
institution for any loan approved pursuant to section 3313.483 of	47335
the Revised Code.	47336

(K) Any person who removes data from the information system	47337
established under this section for the purpose of releasing it to	47338
any person not entitled under law to have access to such	47339
information is subject to section 2913.42 of the Revised Code	47340
prohibiting tampering with data.	47341

(L)(1) In accordance with division (L)(2) of this section and	47342
the rules adopted under division (L)(10) of this section, the	47343
department of education may sanction any school district that	47344
reports incomplete or inaccurate data, reports data that does not	47345
conform to data requirements and descriptions published by the	47346
department, fails to report data in a timely manner, or otherwise	47347
does not make a good faith effort to report data as required by	47348
this section.	47349

(2) If the department decides to sanction a school district	47350
under this division, the department shall take the following	47351
sequential actions:	47352

(a) Notify the district in writing that the department has	47353
determined that data has not been reported as required under this	47354
section and require the district to review its data submission and	47355
submit corrected data by a deadline established by the department.	47356
The department also may require the district to develop a	47357
corrective action plan, which shall include provisions for the	47358
district to provide mandatory staff training on data reporting	47359
procedures.	47360

(b) Withhold up to ten per cent of the total amount of state	47361
funds due to the district for the current fiscal year and, if not	47362
previously required under division (L)(2)(a) of this section,	47363
require the district to develop a corrective action plan in	47364
accordance with that division;	47365

(c) Withhold an additional amount of up to twenty per cent of	47366
the total amount of state funds due to the district for the	47367
current fiscal year;	47368

(d) Direct department staff or an outside entity to	47369
investigate the district's data reporting practices and make	47370
recommendations for subsequent actions. The recommendations may	47371
include one or more of the following actions:	47372

(i) Arrange for an audit of the district's data reporting	47373
practices by department staff or an outside entity;	47374

(ii) Conduct a site visit and evaluation of the district;

47375

(iii) Withhold an additional amount of up to thirty per cent	47376
of the total amount of state funds due to the district for the	47377
current fiscal year;	47378

(iv) Continue monitoring the district's data reporting;

47379

(v) Assign department staff to supervise the district's data	47380
management system;	47381

(vi) Conduct an investigation to determine whether to suspend	47382
or revoke the license of any district employee in accordance with	47383
division (N) of this section;	47384

(vii) If the district is issued a report card under section	47385
3302.03 of the Revised Code, indicate on the report card that the	47386
district has been sanctioned for failing to report data as	47387
required by this section;	47388

(viii) If the district is issued a report card under section	47389
3302.03 of the Revised Code and incomplete or inaccurate data	47390
submitted by the district likely caused the district to receive a	47391
higher performance rating than it deserved under that section,	47392
issue a revised report card for the district;	47393

(ix) Any other action designed to correct the district's data	47394
reporting problems.	47395

(3) Any time the department takes an action against a school	47396
district under division (L)(2) of this section, the department	47397
shall make a report of the circumstances that prompted the action.	47398
The department shall send a copy of the report to the district	47399
superintendent or chief administrator and maintain a copy of the	47400
report in its files.	47401

(4) If any action taken under division (L)(2) of this section	47402
resolves a school district's data reporting problems to the	47403
department's satisfaction, the department shall not take any	47404
further actions described by that division. If the department	47405
withheld funds from the district under that division, the	47406
department may release those funds to the district, except that if	47407
the department withheld funding under division (L)(2)(c) of this	47408
section, the department shall not release the funds withheld under	47409
division (L)(2)(b) of this section and, if the department withheld	47410
funding under division (L)(2)(d) of this section, the department	47411
shall not release the funds withheld under division (L)(2)(b) or	47412
(c) of this section.	47413

(5) Notwithstanding anything in this section to the contrary,	47414
the department may use its own staff or an outside entity to	47415
conduct an audit of a school district's data reporting practices	47416
any time the department has reason to believe the district has not	47417
made a good faith effort to report data as required by this	47418
section. If any audit conducted by an outside entity under	47419
division (L)(2)(d)(i) or (5) of this section confirms that a	47420
district has not made a good faith effort to report data as	47421
required by this section, the district shall reimburse the	47422
department for the full cost of the audit. The department may	47423
withhold state funds due to the district for this purpose.	47424

(6) Prior to issuing a revised report card for a school	47425
district under division (L)(2)(d)(viii) of this section, the	47426
department may hold a hearing to provide the district with an	47427
opportunity to demonstrate that it made a good faith effort to	47428
report data as required by this section. The hearing shall be	47429
conducted by a referee appointed by the department. Based on the	47430
information provided in the hearing, the referee shall recommend	47431
whether the department should issue a revised report card for the	47432
district. If the referee affirms the department's contention that	47433
the district did not make a good faith effort to report data as	47434
required by this section, the district shall bear the full cost of	47435
conducting the hearing and of issuing any revised report card.	47436

(7) If the department determines that any inaccurate data	47437
reported under this section caused a school district to receive	47438
excess state funds in any fiscal year, the district shall	47439
reimburse the department an amount equal to the excess funds, in	47440
accordance with a payment schedule determined by the department.	47441
The department may withhold state funds due to the district for	47442
this purpose.	47443

(8) Any school district that has funds withheld under	47444
division (L)(2) of this section may appeal the withholding in	47445
accordance with Chapter 119. of the Revised Code.	47446

(9) In all cases of a disagreement between the department and	47447
a school district regarding the appropriateness of an action taken	47448
under division (L)(2) of this section, the burden of proof shall	47449
be on the district to demonstrate that it made a good faith effort	47450
to report data as required by this section.	47451

(10) The state board of education shall adopt rules under	47452
Chapter 119. of the Revised Code to implement division (L) of this	47453
section.	47454

(M) No information technology center or school district shall	47455
acquire, change, or update its student administration software	47456
package to manage and report data required to be reported to the	47457
department unless it converts to a student software package that	47458
is certified by the department.	47459

(N) The state board of education, in accordance with sections	47460
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	47461
license as defined under division (A) of section 3319.31 of the	47462
Revised Code that has been issued to any school district employee	47463
found to have willfully reported erroneous, inaccurate, or	47464
incomplete data to the education management information system.	47465

(O) No person shall release or maintain any information about	47466
any student in violation of this section. Whoever violates this	47467
division is guilty of a misdemeanor of the fourth degree.	47468

(P) The department shall disaggregate the data collected	47469
under division (B)(1)(n) of this section according to the race and	47470
socioeconomic status of the students assessed. No data collected	47471
under that division shall be included on the report cards required	47472
by section 3302.03 of the Revised Code.	47473

(Q) If the department cannot compile any of the information	47474
required by division (C)(5) of section 3302.03 of the Revised Code	47475
based upon the data collected under this section, the department	47476
shall develop a plan and a reasonable timeline for the collection	47477
of any data necessary to comply with that division.	47478

Sec. 3301.16. Pursuant to standards prescribed by the state	47479
board of education as provided in division (D) of section 3301.07	47480
of the Revised Code, the state board shall classify and charter	47481
school districts and individual schools within each district	47482
except that no charter shall be granted to a nonpublic school	47483
unless the school complies with section 3313.612 of the Revised	47484
Code.	47485

In the course of considering the charter of a new school	47486
district created under section 3311.26 or 3311.38 of the Revised	47487
Code, the state board shall require the party proposing creation	47488
of the district to submit to the board a map, certified by the	47489
county auditor of the county in which the proposed new district is	47490
located, showing the boundaries of the proposed new district. In	47491
the case of a proposed new district located in more than one	47492
county, the map shall be certified by the county auditor of each	47493
county in which the proposed district is located.	47494

The state board shall revoke the charter of any school	47495
district or school which fails to meet the standards for	47496
elementary and high schools as prescribed by the board. The state	47497
board shall also revoke the charter of any nonpublic school that	47498
does not comply with section 3313.612 of the Revised Code. ~~The~~	47499
~~state board may revoke the charter of any school district that~~	47500
~~fails to meet the operating standards established under division~~	47501
~~(D)(3) of section 3301.07 of the Revised Code.~~	47502

In the issuance and revocation of school district or school	47503
charters, the state board shall be governed by the provisions of	47504
Chapter 119. of the Revised Code.	47505

No school district, or individual school operated by a school	47506
district, shall operate without a charter issued by the state	47507
board under this section.	47508

In case a school district charter is revoked pursuant to this	47509
section, the state board may dissolve the school district and	47510
transfer its territory to one or more adjacent districts. An	47511
equitable division of the funds, property, and indebtedness of the	47512
school district shall be made by the state board among the	47513
receiving districts. The board of education of a receiving	47514
district shall accept such territory pursuant to the order of the	47515
state board. Prior to dissolving the school district, the state	47516
board shall notify the appropriate educational service center	47517
governing board and all adjacent school district boards of	47518
education of its intention to do so. Boards so notified may make	47519
recommendations to the state board regarding the proposed	47520
dissolution and subsequent transfer of territory. Except as	47521
provided in section 3301.161 of the Revised Code, the transfer	47522
ordered by the state board shall become effective on the date	47523
specified by the state board, but the date shall be at least	47524
thirty days following the date of issuance of the order.	47525

A high school is one of higher grade than an elementary	47526
school, in which instruction and training are given in accordance	47527
with sections 3301.07 and 3313.60 of the Revised Code and which	47528
also offers other subjects of study more advanced than those	47529
taught in the elementary schools and such other subjects as may be	47530
approved by the state board of education.	47531

An elementary school is one in which instruction and training	47532
are given in accordance with sections 3301.07 and 3313.60 of the	47533
Revised Code and which offers such other subjects as may be	47534
approved by the state board of education. In districts wherein a	47535
junior high school is maintained, the elementary schools in that	47536
district may be considered to include only the work of the first	47537
six school years inclusive, plus the kindergarten year.	47538

~~A high school or an elementary school may consist of less~~	47539
~~than one or more than one organizational unit, as defined in~~	47540
~~sections 3306.02 and 3306.04 of the Revised Code.~~	47541

Sec. 3301.162. (A) If the governing authority of a chartered	47542
nonpublic school intends to close the school, the governing	47543
authority shall notify all of the following of that intent prior	47544
to closing the school:	47545

(1) The department of education;

47546

(2) The school district that receives auxiliary services	47547
funding under division ~~(I)~~(E) of section 3317.024 of the Revised	47548
Code on behalf of the students enrolled in the school;	47549

(3) The accrediting association that most recently accredited	47550
the school for purposes of chartering the school in accordance	47551
with the rules of the state board of education, if applicable.	47552

The notice shall include the school year and, if possible,	47553
the actual date the school will close.	47554

(B) The chief administrator of each chartered nonpublic	47555
school that closes shall deposit the school's records with either:	47556

(1) The accrediting association that most recently accredited	47557
the school for purposes of chartering the school in accordance	47558
with the rules of the state board, if applicable;	47559

(2) The school district that received auxiliary services	47560
funding under division ~~(I)~~(E) of section 3317.024 of the Revised	47561
Code on behalf of the students enrolled in the school.	47562

The school district that receives the records may charge for	47563
and receive a one-time reimbursement from auxiliary services	47564
funding under division ~~(I)~~(E) of section 3317.024 of the Revised	47565
Code for costs the district incurred to store the records.	47566

Sec. 3301.70. (A) The state board of education is the	47567
designated state agency responsible for the coordination and	47568
administration of sections 110 to 118 of the "National and	47569
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.	47570
12401 to 12431, as amended. With the assistance of the Ohio	47571
~~community~~commission on service ~~council~~and volunteerism created	47572
in section 121.40 of the Revised Code, the state board shall	47573
coordinate with other state agencies to apply for funding under	47574
the act when appropriate.	47575

(B) With the assistance of the Ohio ~~community~~commission on	47576
service ~~council~~and volunteerism, the state board of education	47577
shall develop a plan to assist school districts in the	47578
implementation of section 3313.605 of the Revised Code and other	47579
community service activities of school districts. The state board	47580
shall encourage the development of school district programs	47581
meeting the requirements for funding under the National and	47582
Community Service Act of 1990. The plan shall include the	47583
investigation of funding from all available sources for school	47584
community service education programs, including funds available	47585
under the National and Community Service Act of 1990, and the	47586
provision of technical assistance to school districts for the	47587
implementation of community service education programs. The plan	47588
shall also provide for technical assistance to be given to school	47589
boards to assist in obtaining funds for community service	47590
education programs from any source.	47591

(C) With the assistance of the Ohio ~~community~~commission on	47592
service ~~council~~and volunteerism, the state board of education	47593
shall do all of the following:	47594

(1) Disseminate information about school district community	47595
service education programs to other school districts and to	47596
statewide organizations involved with or promoting volunteerism;	47597

(2) Recruit additional school districts to develop community	47598
service education programs;	47599

(3) Identify or develop model community service programs,	47600
teacher training courses, and community service curricula and	47601
teaching materials for possible use by school districts in their	47602
programs.	47603

Sec. 3301.921. The healthy choices for healthy children	47604
council shall do all of the following:	47605

(A) Monitor progress in improving student health and	47606
wellness;	47607

(B) Make periodic policy recommendations to the state board	47608
of education regarding ways to improve the nutritional standards	47609
for food and beverages prescribed by sections 3313.816 and	47610
3313.817 of the Revised Code. If, on or after ~~the effective date~~	47611
~~of this section~~September 17, 2010, the United States department	47612
of agriculture adopts regulations for the sale of food or	47613
beverages in schools, the council, within sixty days after their	47614
adoption, shall review the regulations and, based on that review,	47615
make recommendations for changes to the nutritional standards	47616
prescribed by those sections.	47617

(C) Make periodic recommendations to the department of	47618
education for the development of a clearinghouse of best practices	47619
in the areas of student nutrition, physical activity for students,	47620
and body mass index screenings;	47621

(D) ~~Assist the department of health in developing a list of~~	47622
~~resources regarding health risks associated with weight status for~~	47623
~~distribution to parents and guardians under division (E) of~~	47624
~~section 3313.674 of the Revised Code;~~	47625

~~(E)~~ Regularly review developments in science and nutrition to	47626
ensure the council remains informed for purposes of making	47627
recommendations under divisions (B) and (C) of this section.	47628

Sec. 3302.02. Not later than one year after the adoption of	47629
rules under division ~~(E)~~(D) of section 3301.0712 of the Revised	47630
Code and at least every sixth year thereafter, upon	47631
recommendations of the superintendent of public instruction, the	47632
state board of education shall establish performance indicators	47633
for the report cards required by division (C) of section 3302.03	47634
of the Revised Code. In establishing these indicators, the	47635
superintendent shall consider inclusion of student performance on	47636
assessments prescribed under section 3301.0710 or 3301.0712 of the	47637
Revised Code, rates of student improvement on such assessments,	47638
student attendance, the breadth of coursework available within the	47639
district, and other indicators of student success. Not later than	47640
December 31, 2011, the state board, upon recommendation of the	47641
superintendent, shall establish a performance indicator reflecting	47642
the level of services provided to, and the performance of,	47643
students identified as gifted under Chapter 3324. of the Revised	47644
Code.	47645

The superintendent shall inform the Ohio accountability task	47646
force established under section 3302.021 of the Revised Code of	47647
the performance indicators the superintendent establishes under	47648
this section and the rationale for choosing each indicator and for	47649
determining how a school district or building meets that	47650
indicator.	47651

The superintendent shall not establish any performance	47652
indicator for passage of the third or fourth grade English	47653
language arts assessment that is solely based on the assessment	47654
given in the fall for the purpose of determining whether students	47655
have met the reading guarantee provisions of section 3313.608 of	47656
the Revised Code.	47657

Sec. 3302.031. In addition to the report cards required under	47658
section 3302.03 of the Revised Code, the department of education	47659
shall annually prepare the following reports for each school	47660
district and make a copy of each report available to the	47661
superintendent of each district:	47662

(A) A funding and expenditure accountability report which	47663
shall consist of the amount of state aid payments the school	47664
district will receive during the fiscal year under ~~Chapters 3306.~~	47665
~~and~~Chapter 3317. of the Revised Code and any other fiscal data	47666
the department determines is necessary to inform the public about	47667
the financial status of the district;	47668

(B) A school safety and discipline report which shall consist	47669
of statistical information regarding student safety and discipline	47670
in each school building, including the number of suspensions and	47671
expulsions disaggregated according to race and gender;	47672

(C) A student equity report which shall consist of at least a	47673
description of the status of teacher qualifications, library and	47674
media resources, textbooks, classroom materials and supplies, and	47675
technology resources for each district. To the extent possible,	47676
the information included in the report required under this	47677
division shall be disaggregated according to grade level, race,	47678
gender, disability, and scores attained on assessments required	47679
under section 3301.0710 of the Revised Code.	47680

(D) A school enrollment report which shall consist of	47681
information about the composition of classes within each district	47682
by grade and subject disaggregated according to race, gender, and	47683
scores attained on assessments required under section 3301.0710 of	47684
the Revised Code;	47685

(E) A student retention report which shall consist of the	47686
number of students retained in their respective grade levels in	47687
the district disaggregated by grade level, subject area, race,	47688
gender, and disability;	47689

(F) A school district performance report which shall describe	47690
for the district and each building within the district the extent	47691
to which the district or building meets each of the applicable	47692
performance indicators established under section 3302.02 of the	47693
Revised Code, the number of performance indicators that have been	47694
achieved, and the performance index score. In calculating the	47695
rates of achievement on the performance indicators and the	47696
performance index scores for each report, the department shall	47697
exclude all students with disabilities.	47698

Sec. 3302.032. (A) Not later than December 31, 2011, the	47699
state board of education shall establish a measure of the	47700
following:	47701

(1) Student success in meeting the benchmarks contained in	47702
the physical education standards adopted under division (A)(3) of	47703
section 3301.079 of the Revised Code;	47704

(2) Compliance with the requirements for local wellness	47705
policies prescribed by section 204 of the "Child Nutrition and WIC	47706
Reauthorization Act of 2004," 42 U.S.C. 1751 note;	47707

(3) ~~Whether a school district or building is complying with~~	47708
~~section 3313.674 of the Revised Code instead of operating under a~~	47709
~~waiver from the requirements of that section;~~	47710

~~(4)~~ Whether a school district or building is participating in	47711
the physical activity pilot program administered under section	47712
3313.6016 of the Revised Code.	47713

(B) The measure shall be included on the school district and	47714
building report cards issued under section 3302.03 of the Revised	47715
Code, beginning with the report cards issued for the 2012-2013	47716
school year, but it shall not be a factor in the performance	47717
ratings issued under that section.	47718

(C) The department of education may accept, receive, and	47719
expend gifts, devises, or bequests of money for the purpose of	47720
establishing the measure required by this section.	47721

Sec. 3302.04. (A) The department of education shall	47722
establish a system of intensive, ongoing support for the	47723
improvement of school districts and school buildings. In	47724
accordance with the model of differentiated accountability	47725
described in section 3302.041 of the Revised Code, the system	47726
shall give priority to districts and buildings that have been	47727
declared to be under an academic watch or in a state of academic	47728
emergency under section 3302.03 of the Revised Code and shall	47729
include services provided to districts and buildings through	47730
regional service providers, such as educational service centers.	47731

(B) This division does not apply to any school district after	47732
June 30, 2008.	47733

When a school district has been notified by the department	47734
pursuant to division (A) of section 3302.03 of the Revised Code	47735
that the district or a building within the district has failed to	47736
make adequate yearly progress for two consecutive school years,	47737
the district shall develop a three-year continuous improvement	47738
plan for the district or building containing each of the	47739
following:	47740

(1) An analysis of the reasons for the failure of the	47741
district or building to meet any of the applicable performance	47742
indicators established under section 3302.02 of the Revised Code	47743
that it did not meet and an analysis of the reasons for its	47744
failure to make adequate yearly progress;	47745

(2) Specific strategies that the district or building will	47746
use to address the problems in academic achievement identified in	47747
division (B)(1) of this section;	47748

(3) Identification of the resources that the district will	47749
allocate toward improving the academic achievement of the district	47750
or building;	47751

(4) A description of any progress that the district or	47752
building made in the preceding year toward improving its academic	47753
achievement;	47754

(5) An analysis of how the district is utilizing the	47755
professional development standards adopted by the state board	47756
pursuant to section 3319.61 of the Revised Code;	47757

(6) Strategies that the district or building will use to	47758
improve the cultural competency, as defined pursuant to section	47759
3319.61 of the Revised Code, of teachers and other educators.	47760

No three-year continuous improvement plan shall be developed	47761
or adopted pursuant to this division unless at least one public	47762
hearing is held within the affected school district or building	47763
concerning the final draft of the plan. Notice of the hearing	47764
shall be given two weeks prior to the hearing by publication in	47765
one newspaper of general circulation within the territory of the	47766
affected school district or building. Copies of the plan shall be	47767
made available to the public.	47768

(C) When a school district or building has been notified by	47769
the department pursuant to division (A) of section 3302.03 of the	47770
Revised Code that the district or building is under an academic	47771
watch or in a state of academic emergency, the district or	47772
building shall be subject to any rules establishing intervention	47773
in academic watch or emergency school districts or buildings.	47774

(D)(1) Within one hundred twenty days after any school	47775
district or building is declared to be in a state of academic	47776
emergency under section 3302.03 of the Revised Code, the	47777
department may initiate a site evaluation of the building or	47778
school district.	47779

(2) Division (D)(2) of this section does not apply to any	47780
school district after June 30, 2008.	47781

If any school district that is declared to be in a state of	47782
academic emergency or in a state of academic watch under section	47783
3302.03 of the Revised Code or encompasses a building that is	47784
declared to be in a state of academic emergency or in a state of	47785
academic watch fails to demonstrate to the department satisfactory	47786
improvement of the district or applicable buildings or fails to	47787
submit to the department any information required under rules	47788
established by the state board of education, prior to approving a	47789
three-year continuous improvement plan under rules established by	47790
the state board of education, the department shall conduct a site	47791
evaluation of the school district or applicable buildings to	47792
determine whether the school district is in compliance with	47793
minimum standards established by law or rule.	47794

(3) Site evaluations conducted under divisions (D)(1) and (2)	47795
of this section shall include, but not be limited to, the	47796
following:	47797

(a) Determining whether teachers are assigned to subject	47798
areas for which they are licensed or certified;	47799

(b) Determining pupil-teacher ratios;

47800

(c) Examination of compliance with minimum instruction time	47801
requirements for each school day and for each school year;	47802

(d) Determining whether materials and equipment necessary to	47803
implement the curriculum approved by the school district board are	47804
available;	47805

(e) Examination of whether the teacher and principal	47806
evaluation ~~system reflects the evaluation system guidelines~~	47807
~~adopted by the state board of education under section 3319.112~~	47808
systems comply with sections 3319.02 and 3319.111 of the Revised	47809
Code;	47810

(f) Examination of the adequacy of efforts to improve the	47811
cultural competency, as defined pursuant to section 3319.61 of the	47812
Revised Code, of teachers and other educators.	47813

(E) This division applies only to school districts that	47814
operate a school building that fails to make adequate yearly	47815
progress for two or more consecutive school years. It does not	47816
apply to any such district after June 30, 2008, except as provided	47817
in division (D)(2) of section 3313.97 of the Revised Code.	47818

(1) For any school building that fails to make adequate	47819
yearly progress for two consecutive school years, the district	47820
shall do all of the following:	47821

(a) Provide written notification of the academic issues that	47822
resulted in the building's failure to make adequate yearly	47823
progress to the parent or guardian of each student enrolled in the	47824
building. The notification shall also describe the actions being	47825
taken by the district or building to improve the academic	47826
performance of the building and any progress achieved toward that	47827
goal in the immediately preceding school year.	47828

(b) If the building receives funds under Title 1, Part A of	47829
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	47830
6311 to 6339, from the district, in accordance with section	47831
3313.97 of the Revised Code, offer all students enrolled in the	47832
building the opportunity to enroll in an alternative building	47833
within the district that is not in school improvement status as	47834
defined by the "No Child Left Behind Act of 2001." Notwithstanding	47835
Chapter 3327. of the Revised Code, the district shall spend an	47836
amount equal to twenty per cent of the funds it receives under	47837
Title I, Part A of the "Elementary and Secondary Education Act of	47838
1965," 20 U.S.C. 6311 to 6339, to provide transportation for	47839
students who enroll in alternative buildings under this division,	47840
unless the district can satisfy all demand for transportation with	47841
a lesser amount. If an amount equal to twenty per cent of the	47842
funds the district receives under Title I, Part A of the	47843
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	47844
to 6339, is insufficient to satisfy all demand for transportation,	47845
the district shall grant priority over all other students to the	47846
lowest achieving students among the subgroup described in division	47847
(B)(3) of section 3302.01 of the Revised Code in providing	47848
transportation. Any district that does not receive funds under	47849
Title I, Part A of the "Elementary and Secondary Education Act of	47850
1965," 20 U.S.C. 6311 to 6339, shall not be required to provide	47851
transportation to any student who enrolls in an alternative	47852
building under this division.	47853

(2) For any school building that fails to make adequate	47854
yearly progress for three consecutive school years, the district	47855
shall do both of the following:	47856

(a) If the building receives funds under Title 1, Part A of	47857
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	47858
6311 to 6339, from the district, in accordance with section	47859
3313.97 of the Revised Code, provide all students enrolled in the	47860
building the opportunity to enroll in an alternative building	47861
within the district that is not in school improvement status as	47862
defined by the "No Child Left Behind Act of 2001." Notwithstanding	47863
Chapter 3327. of the Revised Code, the district shall provide	47864
transportation for students who enroll in alternative buildings	47865
under this division to the extent required under division (E)(2)	47866
of this section.	47867

(b) If the building receives funds under Title 1, Part A of	47868
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	47869
6311 to 6339, from the district, offer supplemental educational	47870
services to students who are enrolled in the building and who are	47871
in the subgroup described in division (B)(3) of section 3302.01 of	47872
the Revised Code.	47873

The district shall spend a combined total of an amount equal	47874
to twenty per cent of the funds it receives under Title I, Part A	47875
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	47876
6311 to 6339, to provide transportation for students who enroll in	47877
alternative buildings under division (E)(1)(b) or (E)(2)(a) of	47878
this section and to pay the costs of the supplemental educational	47879
services provided to students under division (E)(2)(b) of this	47880
section, unless the district can satisfy all demand for	47881
transportation and pay the costs of supplemental educational	47882
services for those students who request them with a lesser amount.	47883
In allocating funds between the requirements of divisions	47884
(E)(1)(b) and (E)(2)(a) and (b) of this section, the district	47885
shall spend at least an amount equal to five per cent of the funds	47886
it receives under Title I, Part A of the "Elementary and Secondary	47887
Education Act of 1965," 20 U.S.C. 6311 to 6339, to provide	47888
transportation for students who enroll in alternative buildings	47889
under division (E)(1)(b) or (E)(2)(a) of this section, unless the	47890
district can satisfy all demand for transportation with a lesser	47891
amount, and at least an amount equal to five per cent of the funds	47892
it receives under Title I, Part A of the "Elementary and Secondary	47893
Education Act of 1965," 20 U.S.C. 6311 to 6339, to pay the costs	47894
of the supplemental educational services provided to students	47895
under division (E)(2)(b) of this section, unless the district can	47896
pay the costs of such services for all students requesting them	47897
with a lesser amount. If an amount equal to twenty per cent of the	47898
funds the district receives under Title I, Part A of the	47899
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311	47900
to 6339, is insufficient to satisfy all demand for transportation	47901
under divisions (E)(1)(b) and (E)(2)(a) of this section and to pay	47902
the costs of all of the supplemental educational services provided	47903
to students under division (E)(2)(b) of this section, the district	47904
shall grant priority over all other students in providing	47905
transportation and in paying the costs of supplemental educational	47906
services to the lowest achieving students among the subgroup	47907
described in division (B)(3) of section 3302.01 of the Revised	47908
Code.	47909

Any district that does not receive funds under Title I, Part	47910
A of the "Elementary and Secondary Education Act of 1965," 20	47911
U.S.C. 6311 to 6339, shall not be required to provide	47912
transportation to any student who enrolls in an alternative	47913
building under division (E)(2)(a) of this section or to pay the	47914
costs of supplemental educational services provided to any student	47915
under division (E)(2)(b) of this section.	47916

No student who enrolls in an alternative building under	47917
division (E)(2)(a) of this section shall be eligible for	47918
supplemental educational services under division (E)(2)(b) of this	47919
section.	47920

(3) For any school building that fails to make adequate	47921
yearly progress for four consecutive school years, the district	47922
shall continue to comply with division (E)(2) of this section and	47923
shall implement at least one of the following options with respect	47924
to the building:	47925

(a) Institute a new curriculum that is consistent with the	47926
statewide academic standards adopted pursuant to division (A) of	47927
section 3301.079 of the Revised Code;	47928

(b) Decrease the degree of authority the building has to	47929
manage its internal operations;	47930

(c) Appoint an outside expert to make recommendations for	47931
improving the academic performance of the building. The district	47932
may request the department to establish a state intervention team	47933
for this purpose pursuant to division (G) of this section.	47934

(d) Extend the length of the school day or year;

47935

(e) Replace the building principal or other key personnel;

47936

(f) Reorganize the administrative structure of the building.

47937

(4) For any school building that fails to make adequate	47938
yearly progress for five consecutive school years, the district	47939
shall continue to comply with division (E)(2) of this section and	47940
shall develop a plan during the next succeeding school year to	47941
improve the academic performance of the building, which shall	47942
include at least one of the following options:	47943

(a) Reopen the school as a community school under Chapter	47944
3314. of the Revised Code;	47945

(b) Replace personnel;

47946

(c) Contract with a nonprofit or for-profit entity to operate	47947
the building;	47948

(d) Turn operation of the building over to the department;

47949

(e) Other significant restructuring of the building's	47950
governance.	47951

(5) For any school building that fails to make adequate	47952
yearly progress for six consecutive school years, the district	47953
shall continue to comply with division (E)(2) of this section and	47954
shall implement the plan developed pursuant to division (E)(4) of	47955
this section.	47956

(6) A district shall continue to comply with division	47957
(E)(1)(b) or (E)(2) of this section, whichever was most recently	47958
applicable, with respect to any building formerly subject to one	47959
of those divisions until the building makes adequate yearly	47960
progress for two consecutive school years.	47961

(F) This division applies only to school districts that have	47962
been identified for improvement by the department pursuant to the	47963
"No Child Left Behind Act of 2001." It does not apply to any such	47964
district after June 30, 2008.	47965

(1) If a school district has been identified for improvement	47966
for one school year, the district shall provide a written	47967
description of the continuous improvement plan developed by the	47968
district pursuant to division (B) of this section to the parent or	47969
guardian of each student enrolled in the district. If the district	47970
does not have a continuous improvement plan, the district shall	47971
develop such a plan in accordance with division (B) of this	47972
section and provide a written description of the plan to the	47973
parent or guardian of each student enrolled in the district.	47974

(2) If a school district has been identified for improvement	47975
for two consecutive school years, the district shall continue to	47976
implement the continuous improvement plan developed by the	47977
district pursuant to division (B) or (F)(1) of this section.	47978

(3) If a school district has been identified for improvement	47979
for three consecutive school years, the department shall take at	47980
least one of the following corrective actions with respect to the	47981
district:	47982

(a) Withhold a portion of the funds the district is entitled	47983
to receive under Title I, Part A of the "Elementary and Secondary	47984
Education Act of 1965," 20 U.S.C. 6311 to 6339;	47985

(b) Direct the district to replace key district personnel;

47986

(c) Institute a new curriculum that is consistent with the	47987
statewide academic standards adopted pursuant to division (A) of	47988
section 3301.079 of the Revised Code;	47989

(d) Establish alternative forms of governance for individual	47990
school buildings within the district;	47991

(e) Appoint a trustee to manage the district in place of the	47992
district superintendent and board of education.	47993

The department shall conduct individual audits of a sampling	47994
of districts subject to this division to determine compliance with	47995
the corrective actions taken by the department.	47996

(4) If a school district has been identified for improvement	47997
for four consecutive school years, the department shall continue	47998
to monitor implementation of the corrective action taken under	47999
division (F)(3) of this section with respect to the district.	48000

(5) If a school district has been identified for improvement	48001
for five consecutive school years, the department shall take at	48002
least one of the corrective actions identified in division (F)(3)	48003
of this section with respect to the district, provided that the	48004
corrective action the department takes is different from the	48005
corrective action previously taken under division (F)(3) of this	48006
section with respect to the district.	48007

(G) The department may establish a state intervention team to	48008
evaluate all aspects of a school district or building, including	48009
management, curriculum, instructional methods, resource	48010
allocation, and scheduling. Any such intervention team shall be	48011
appointed by the department and shall include teachers and	48012
administrators recognized as outstanding in their fields. The	48013
intervention team shall make recommendations regarding methods for	48014
improving the performance of the district or building.	48015

The department shall not approve a district's request for an	48016
intervention team under division (E)(3) of this section if the	48017
department cannot adequately fund the work of the team, unless the	48018
district agrees to pay for the expenses of the team.	48019

(H) The department shall conduct individual audits of a	48020
sampling of community schools established under Chapter 3314. of	48021
the Revised Code to determine compliance with this section.	48022

(I) The state board shall adopt rules for implementing this	48023
section.	48024

Sec. 3302.042. (A) This section shall operate as a pilot	48025
project that applies to any school that has been ranked according	48026
to performance index score under section 3302.21 of the Revised	48027
Code in the lowest five per cent of all public school buildings	48028
statewide for three or more consecutive school years and is	48029
operated by the Columbus city school district. The pilot project	48030
shall commence once the department of education establishes	48031
implementation guidelines for the pilot project in consultation	48032
with the Columbus city school district.	48033

(B) Except as provided in division (D) of this section, if	48034
the parents or guardians of at least fifty per cent of the	48035
students enrolled in a school to which this section applies, or if	48036
the parents or guardians of at least fifty per cent of the total	48037
number of students enrolled in that school and the schools of	48038
lower grade levels whose students typically matriculate into that	48039
school, sign and file with the school district treasurer a	48040
petition requesting the district board of education to implement	48041
one of the following reforms in the school, and if the validity	48042
and sufficiency of the petition is certified in accordance with	48043
division (C) of this section, the board shall implement the	48044
requested reform in the next school year:	48045

(1) Reopen the school as a community school under Chapter	48046
3314. of the Revised Code;	48047

(2) Replace at least seventy per cent of the school's	48048
personnel who are related to the school's poor academic	48049
performance or, at the request of the petitioners, retain not more	48050
than thirty per cent of the personnel;	48051

(3) Contract with another school district or a nonprofit or	48052
for-profit entity with a demonstrated record of effectiveness to	48053
operate the school;	48054

(4) Turn operation of the school over to the department;

48055

(5) Any other major restructuring of the school that makes	48056
fundamental reforms in the school's staffing or governance.	48057

(C) Not later than thirty days after receipt of a petition	48058
under division (B) of this section, the district treasurer shall	48059
verify the validity and sufficiency of the signatures on the	48060
petition and certify to the district board whether the petition	48061
contains the necessary number of valid signatures to require the	48062
board to implement the reform requested by the petitioners. If the	48063
treasurer certifies to the district board that the petition does	48064
not contain the necessary number of valid signatures, any person	48065
who signed the petition may file an appeal with the county auditor	48066
within ten days after the certification. Not later than thirty	48067
days after the filing of an appeal, the county auditor shall	48068
conduct an independent verification of the validity and	48069
sufficiency of the signatures on the petition and certify to the	48070
district board whether the petition contains the necessary number	48071
of valid signatures to require the board to implement the	48072
requested reform. If the treasurer or county auditor certifies	48073
that the petition contains the necessary number of valid	48074
signatures, the district board shall notify the superintendent of	48075
public instruction and the state board of education of the	48076
certification.	48077

(D) The district board shall not implement the reform	48078
requested by the petitioners in any of the following	48079
circumstances:	48080

(1) The district board has determined that the request is for	48081
reasons other than improving student academic achievement or	48082
student safety.	48083

(2) The state superintendent has determined that	48084
implementation of the requested reform would not comply with the	48085
model of differentiated accountability described in section	48086
3302.041 of the Revised Code.	48087

(3) The petitioners have requested the district board to	48088
implement the reform described in division (B)(4) of this section	48089
and the department has not agreed to take over the school's	48090
operation.	48091

(4) When all of the following have occurred:

48092

(a) After a public hearing on the matter, the district board	48093
issued a written statement explaining the reasons that it is	48094
unable to implement the requested reform and agreeing to implement	48095
one of the other reforms described in division (B) of this	48096
section.	48097

(b) The district board submitted its written statement to the	48098
state superintendent and the state board along with evidence	48099
showing how the alternative reform the district board has agreed	48100
to implement will enable the school to improve its academic	48101
performance.	48102

(c) Both the state superintendent and the state board have	48103
approved implementation of the alternative reform.	48104

(E) Beginning not later than six months after the first	48105
petition under this section has been resolved, the department of	48106
education shall annually evaluate the pilot program and submit a	48107
report to the general assembly under section 101.68 of the Revised	48108
Code. Such reports shall contain its recommendations to the	48109
general assembly with respect to the continuation of the pilot	48110
program, its expansion to other school districts, or the enactment	48111
of further legislation establishing the program statewide under	48112
permanent law.	48113

Sec. 3302.05. The state board of education shall adopt rules	48114
freeing school districts declared to be excellent under division	48115
(B)(1) or effective under division (B)(2) of section 3302.03 of	48116
the Revised Code from specified state mandates. Any mandates	48117
included in the rules shall be only those statutes or rules	48118
pertaining to state education requirements. The rules shall not	48119
exempt districts ~~from any standard or requirement of section~~	48120
~~3306.09 of the Revised Code or~~ from any operating standard adopted	48121
under division (D)(3) of section 3301.07 of the Revised Code.	48122

Sec. 3302.06. (A) Any school of a city, exempted village, or	48123
local school district may apply to the district board of education	48124
to be designated as an innovation school. Each application shall	48125
include an innovation plan that contains the following:	48126

(1) A statement of the school's mission and an explanation of	48127
how the designation would enhance the school's ability to fulfill	48128
its mission;	48129

(2) A description of the innovations the school would	48130
implement;	48131

(3) An explanation of how implementation of the innovations	48132
described in division (A)(2) of this section would affect the	48133
school's programs and policies, including any of the following	48134
that apply:	48135

(a) The school's educational program;

48136

(b) The length of the school day and the school year;

48137

48138

(d) The school's plan for the assessment of students;

48139

(e) The school's budget;

48140

(f) The school's staffing levels.

48141

(4) A description of the improvements in student academic	48142
performance that the school expects to achieve by implementing the	48143
innovations described in division (A)(2) of this section;	48144

(5) An estimate of the cost savings and increased	48145
efficiencies, if any, that the school expects to achieve by	48146
implementing the innovations described in division (A)(2) of this	48147
section;	48148

(6) A description of any laws in Title XXXIII of the Revised	48149
Code, rules adopted by the state board of education, or	48150
requirements enacted by the district board that would need to be	48151
waived to implement the innovations described in division (A)(2)	48152
of this section;	48153

(7) A description of any provisions of a collective	48154
bargaining agreement covering personnel of the school that would	48155
need to be waived to implement the innovations described in	48156
division (A)(2) of this section;	48157

(8) Evidence that a majority of the administrators assigned	48158
to the school and a majority of the teachers assigned to the	48159
school consent to seeking the designation and a statement of the	48160
level of support for seeking the designation demonstrated by other	48161
staff working in the school, students enrolled in the school and	48162
their parents, and members of the community in which the school is	48163
located.	48164

(B) Two or more schools of the district may apply to the	48165
district board to be designated as an innovation school zone, if	48166
the schools share common interests based on factors such as	48167
geographical proximity or similar educational programs or if the	48168
schools serve the same classes of students as they advance to	48169
higher grade levels. Each application shall include an innovation	48170
plan that contains the information prescribed by divisions (A)(1)	48171
to (8) of this section for each participating school and the	48172
following additional information:	48173

(1) A description of how innovations in the participating	48174
schools would be integrated to achieve results that would be less	48175
likely to be achieved by each participating school alone;	48176

(2) An estimate of any economies of scale that would be	48177
realized by implementing innovations jointly.	48178

Sec. 3302.061. (A) A school district board of education shall	48179
review each application received under section 3302.06 of the	48180
Revised Code and, within sixty days after receipt of the	48181
application, shall approve or disapprove the application. In	48182
reviewing applications, the board shall give preference to	48183
applications that propose innovations in one or more of the	48184
following areas:	48185

(1) Curriculum;

48186

(2) Student assessments, other than the assessments	48187
prescribed by sections 3301.0710 and 3301.0712 of the Revised	48188
Code;	48189

(3) Class scheduling;

48190

(4) Accountability measures, including innovations that	48191
expand the number and variety of measures used in order to collect	48192
more complete data about student academic performance. For this	48193
purpose, schools may consider use of measures such as	48194
end-of-course examinations, portfolios of student work, nationally	48195
or internationally normed assessments, the percentage of students	48196
enrolling in post-secondary education, or the percentage of	48197
students simultaneously obtaining a high school diploma and an	48198
associate's degree or certification to work in an industry or	48199
career field.	48200

(5) Provision of student services, including services for	48201
students who are disabled, identified as gifted under Chapter	48202
3324. of the Revised Code, limited English proficient, at risk of	48203
academic failure or dropping out, or at risk of suspension or	48204
expulsion;	48205

(6) Provision of health, counseling, or other social services	48206
to students;	48207

(7) Preparation of students for transition to higher	48208
education or the workforce;	48209

(8) Teacher recruitment, employment, and evaluation;

48210

(9) Compensation for school personnel;

48211

(10) Professional development;

48212

(11) School governance and the roles and responsibilities of	48213
principals;	48214

(12) Use of financial or other resources.

48215

(B)(1) If the board approves an application seeking	48216
designation as an innovation school, it shall so designate the	48217
school that submitted the application. If the board approves an	48218
application seeking designation as an innovation school zone, it	48219
shall so designate the participating schools that submitted the	48220
application.	48221

(2) If the board disapproves an application, it shall provide	48222
a written explanation of the basis for its decision to the school	48223
or schools that submitted the application. The school or schools	48224
may reapply for designation as an innovation school or innovation	48225
school zone at any time.	48226

(C) The board may approve an application that allows an	48227
innovation school or a school participating in an innovation	48228
school zone to determine the compensation of board employees	48229
working in the school, but the total compensation for all such	48230
employees shall not exceed the financial resources allocated to	48231
the school by the board. The school shall not be required to	48232
comply with the salary schedule adopted by the board under section	48233
3317.14 or 3317.141 of the Revised Code. The board may approve an	48234
application that allows an innovation school or a school	48235
participating in an innovation school zone to remove board	48236
employees from the school, but no employee shall be terminated	48237
except as provided in section 3319.081 or 3319.16 of the Revised	48238
Code.	48239

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

48240

(1) Designate a school as an innovation school by creating an	48241
innovation plan for that school and offering the school an	48242
opportunity to participate in the plan's creation;	48243

(2) Designate as an innovation school zone two or more	48244
schools that share common interests based on factors such as	48245
geographical proximity or similar educational programs or that	48246
serve the same classes of students as they advance to higher grade	48247
levels, by creating an innovation plan for those schools and	48248
offering the schools an opportunity to participate in the plan's	48249
creation.	48250

Sec. 3302.062. (A) If a school district board of education	48251
approves an application under division (B)(1) of section 3302.061	48252
of the Revised Code or designates an innovation school or	48253
innovation school zone under division (D) of that section, the	48254
district board shall apply to the state board of education for	48255
designation as a school district of innovation by submitting to	48256
the state board the innovation plan included in the approved	48257
application or created by the district board.	48258

Within sixty days after receipt of the application, the state	48259
board shall designate the district as a school district of	48260
innovation, unless the state board determines that the submitted	48261
innovation plan is not financially feasible or will likely result	48262
in decreased academic achievement. If the state board so	48263
determines, it shall provide a written explanation of the basis	48264
for its determination to the district board. If the district is	48265
not designated as a school district of innovation, the district	48266
board shall not implement the innovation plan. However, the	48267
district board may reapply for designation as a school district of	48268
innovation at any time.	48269

(B) A district board may request the state board to make a	48270
preliminary review of an innovation plan prior to the district	48271
board's formal application for designation as a school district of	48272
innovation. In that case, the state board shall review the	48273
innovation plan and, within sixty days after the request,	48274
recommend to the district board any changes or additions that the	48275
state board believes will improve the plan, which may include	48276
further innovations or measures to increase the likelihood that	48277
the innovations will result in higher academic achievement. The	48278
district board may revise the innovation plan prior to making	48279
formal application for designation as a school district of	48280
innovation.	48281

Sec. 3302.063. (A) Except as provided in division (B) of this	48282
section, upon designation of a school district of innovation under	48283
section 3302.062 of the Revised Code, the state board of education	48284
shall waive any laws in Title XXXIII of the Revised Code or rules	48285
adopted by the state board that are specified in the innovation	48286
plan submitted by the district board of education as needing to be	48287
waived to implement the plan. The waiver shall apply only to the	48288
school or schools participating in the innovation plan and shall	48289
not apply to the district as a whole, unless each of the	48290
district's schools is a participating school. The waiver shall	48291
cease to apply to a school if the school's designation as an	48292
innovation school is revoked or the innovation school zone in	48293
which the school participates has its designation revoked under	48294
section 3302.065 of the Revised Code, or if the school is removed	48295
from an innovation school zone under that section or section	48296
3302.064 of the Revised Code.	48297

(B) The state board shall not waive any law or rule regarding	48298
the following:	48299

(1) Funding for school districts under Chapter 3317. of the	48300
Revised Code;	48301

(2) The requirements of Chapters 3323. and 3324. of the	48302
Revised Code for the provision of services to students with	48303
disabilities and gifted students;	48304

(3) Requirements related to the provision of career-technical	48305
education that are necessary to comply with federal law or	48306
maintenance of effort provisions;	48307

(4) Administration of the assessments prescribed by sections	48308
3301.0710, 3301.0712, and 3301.0715 of the Revised Code;	48309

(5) Requirements related to the issuance of report cards and	48310
the assignment of performance ratings under section 3302.03 of the	48311
Revised Code;	48312

(6) Implementation of the model of differentiated	48313
accountability under section 3302.041 of the Revised Code;	48314

(7) Requirements for the reporting of data to the department	48315
of education;	48316

(8) Criminal records checks of school employees;

48317

(9) The requirements of Chapters 3307. and 3309. regarding	48318
the retirement systems for teachers and school employees.	48319

(C) If a district board's revisions to an innovation plan	48320
under section 3302.066 of the Revised Code require a waiver of	48321
additional laws or state board rules, the state board shall grant	48322
a waiver from those laws or rules upon evidence that	48323
administrators and teachers have consented to the revisions as	48324
required by that section.	48325

Sec. 3302.064. (A) Each collective bargaining agreement	48326
entered into by a school district board of education under Chapter	48327
4117. of the Revised Code on or after the effective date of this	48328
section shall allow for the waiver of any provision of the	48329
agreement specified in the innovation plan approved or created	48330
under section 3302.061 of the Revised Code as needing to be waived	48331
to implement the plan, in the event the district is designated as	48332
a school district of innovation.	48333

(B)(1) In the case of an innovation school, waiver of the	48334
provisions specified in the innovation plan shall be contingent	48335
upon at least sixty per cent of the members of the bargaining unit	48336
covered by the collective bargaining agreement who work in the	48337
school voting, by secret ballot, to approve the waiver.	48338

(2) In the case of an innovation school zone, waiver of the	48339
provisions specified in the innovation plan shall be contingent	48340
upon, in each participating school, at least sixty per cent of the	48341
members of the bargaining unit covered by the collective	48342
bargaining agreement who work in that school voting, by secret	48343
ballot, to approve the waiver. If at least sixty per cent of the	48344
members of the bargaining unit in a participating school do not	48345
vote to approve the waiver, the board may revise the innovation	48346
plan to remove that school from the innovation school zone.	48347

(3) If a board's revisions to an innovation plan under	48348
section 3302.066 of the Revised Code require a waiver of	48349
additional provisions of the collective bargaining agreement, that	48350
waiver shall be contingent upon approval under division (B)(1) or	48351
(2) of this section in the same manner as the initial waiver.	48352

(C) A waiver approved under division (B) of this section	48353
shall continue to apply relative to any substantially similar	48354
provision of a collective bargaining agreement entered into after	48355
the approval of the waiver.	48356

(D) A waiver approved under division (B) of this section	48357
shall cease to apply to a school if the school's designation as an	48358
innovation school is revoked or the innovation school zone in	48359
which the school participates has its designation revoked under	48360
section 3302.065 of the Revised Code, or if the school is removed	48361
from an innovation school zone under that section.	48362

(E) An employee working in an innovation school or a school	48363
participating in an innovation school zone who is a member of a	48364
bargaining unit that approves a waiver under division (B) of this	48365
section may request the board to transfer the employee to another	48366
school of the district. The board shall make every reasonable	48367
effort to accommodate the employee's request.	48368

Sec. 3302.065. Not later than three years after obtaining	48369
designation as a school district of innovation under section	48370
3302.062 of the Revised Code, and every three years thereafter,	48371
the district board of education shall review the performance of	48372
the innovation school or innovation school zone and determine if	48373
it is achieving, or making sufficient progress toward achieving,	48374
the improvements in student academic performance that were	48375
described in its innovation plan. If the board finds that an	48376
innovation school is not achieving, or not making sufficient	48377
progress toward achieving, those improvements in student academic	48378
performance, the board may revoke the designation as an innovation	48379
school. If the board finds that a school participating in an	48380
innovation school zone is not achieving, or not making sufficient	48381
progress toward achieving, those improvements in student academic	48382
performance, the board may remove that school from the innovation	48383
school zone or may revoke the designation of all participating	48384
schools as an innovation school zone.	48385

Sec. 3302.066. A school district board of education may	48386
revise an innovation plan approved or created under section	48387
3302.061 of the Revised Code, in collaboration with the school or	48388
schools participating in the plan, to further improve student	48389
academic performance. The revisions may include identifying	48390
additional laws in Title XXXIII of the Revised Code, rules adopted	48391
by the state board of education, requirements enacted by the	48392
district board, or provisions of a collective bargaining agreement	48393
that need to be waived. Any revisions to an innovation plan shall	48394
require the consent, in each school participating in the plan, of	48395
a majority of the administrators assigned to that school and a	48396
majority of the teachers assigned to that school.	48397

Sec. 3302.067. The board of education of any district	48398
designated as a school district of innovation or any school	48399
participating in an innovation plan may accept, receive, and	48400
expend gifts, grants, or donations from any public or private	48401
entity to support the implementation of the plan.	48402

Sec. 3302.068. Not later than the first day of July each	48403
year, the department of education shall issue, and post on its web	48404
site, a report on school districts of innovation. The report shall	48405
include the following information:	48406

(A) The number of districts designated as school districts of	48407
innovation in the preceding school year and the total number of	48408
school districts of innovation statewide;	48409

(B) The number of innovation schools in each school district	48410
of innovation and the number of district students served by the	48411
schools, expressed as a total number and as a percentage of the	48412
district's total student population;	48413

(C) The number of innovation school zones in each school	48414
district of innovation, the number of schools participating in	48415
each zone, and the number of district students served by the	48416
participating schools, expressed as a total number and as a	48417
percentage of the district's total student population;	48418

(D) An overview of the innovations implemented in innovation	48419
schools and innovation school zones;	48420

(E) Data on the academic performance of the students enrolled	48421
in an innovation school or an innovation school zone in each	48422
school district of innovation, including a comparison of the	48423
students' academic performance before and after the district's	48424
designation as a school district of innovation;	48425

(F) Recommendations for legislative changes based on the	48426
innovations implemented or to enhance the ability of schools and	48427
districts to implement innovations.	48428

Sec. 3302.07. (A) The board of education of any school	48429
district, the governing board of any educational service center,	48430
or the administrative authority of any chartered nonpublic school	48431
may submit to the state board of education an application	48432
proposing an innovative education pilot program the implementation	48433
of which requires exemptions from specific statutory provisions or	48434
rules. If a district or service center board employs teachers	48435
under a collective bargaining agreement adopted pursuant to	48436
Chapter 4117. of the Revised Code, any application submitted under	48437
this division shall include the written consent of the teachers'	48438
employee representative designated under division (B) of section	48439
4117.04 of the Revised Code. The exemptions requested in the	48440
application shall be limited to any requirement of Title XXXIII of	48441
the Revised Code or of any rule of the state board adopted	48442
pursuant to that title except that the application may not propose	48443
an exemption from any requirement of or rule adopted pursuant to	48444
~~section 3306.09,~~ Chapter 3307. or 3309., sections 3319.07 to	48445
3319.21, or Chapter 3323. of the Revised Code. Furthermore, an	48446
exemption from any operating standard adopted under division	48447
(B)(2) or (D)~~(3)~~ of section 3301.07 of the Revised Code shall be	48448
granted only pursuant to a waiver granted by the superintendent of	48449
public instruction under division (O) of that section.	48450

(B) The state board of education shall accept any application	48451
submitted in accordance with division (A) of this section. The	48452
superintendent of public instruction shall approve or disapprove	48453
the application in accordance with standards for approval, which	48454
shall be adopted by the state board.	48455

(C) The superintendent of public instruction shall exempt	48456
each district or service center board or chartered nonpublic	48457
school administrative authority with an application approved under	48458
division (B) of this section for a specified period from the	48459
statutory provisions or rules specified in the approved	48460
application. The period of exemption shall not exceed the period	48461
during which the pilot program proposed in the application is	48462
being implemented and a reasonable period to allow for evaluation	48463
of the effectiveness of the program.	48464

Sec. 3302.12. (A) For any school building that is ranked	48465
according to performance index score under section 3302.21 of the	48466
Revised Code in the lowest five per cent of all public school	48467
buildings statewide for three consecutive years and is declared to	48468
be under an academic watch or in a state of academic emergency	48469
under section 3302.03 of the Revised Code, the district board of	48470
education shall do one of the following at the conclusion of the	48471
school year in which the building first becomes subject to this	48472
division:	48473

(1) Close the school and direct the district superintendent	48474
to reassign the students enrolled in the school to other school	48475
buildings that demonstrate higher academic achievement;	48476

(2) Contract with another school district or a nonprofit or	48477
for-profit entity with a demonstrated record of effectiveness to	48478
operate the school;	48479

(3) Replace the principal and all teaching staff of the	48480
school and, upon request from the new principal, exempt the school	48481
from all requested policies and regulations of the board regarding	48482
curriculum and instruction. The board also shall distribute	48483
funding to the school in an amount that is at least equal to the	48484
product of the per pupil amount of state and local revenues	48485
received by the district multiplied by the student population of	48486
the school.	48487

(4) Reopen the school as a conversion community school under	48488
Chapter 3314. of the Revised Code.	48489

(B) If an action taken by the board under division (A) of	48490
this section causes the district to no longer maintain all grades	48491
kindergarten through twelve, as required by section 3311.29 of the	48492
Revised Code, the board shall enter into a contract with another	48493
school district pursuant to section 3327.04 of the Revised Code	48494
for enrollment of students in the schools of that other district	48495
to the extent necessary to comply with the requirement of section	48496
3311.29 of the Revised Code. Notwithstanding any provision of the	48497
Revised Code to the contrary, if the board enters into and	48498
maintains a contract under section 3327.04 of the Revised Code,	48499
the district shall not be considered to have failed to comply with	48500
the requirement of section 3311.29 of the Revised Code. If,	48501
however, the district board fails to or is unable to enter into or	48502
maintain such a contract, the state board of education shall take	48503
all necessary actions to dissolve the district as provided in	48504
division (A) of section 3311.29 of the Revised Code.	48505

Sec. 3302.20. (A) The department of education shall develop	48506
standards for determining, from the existing data reported in	48507
accordance with sections 3301.0714 and 3314.17 of the Revised	48508
Code, the amount of annual operating expenditures for classroom	48509
instructional purposes and for nonclassroom purposes for each	48510
city, exempted village, local, and joint vocational school	48511
district, each community school established under Chapter 3314.	48512
that is not an internet- or computer-based community school, each	48513
internet- or computer-based community school, and each STEM school	48514
established under Chapter 3326. of the Revised Code. Not later	48515
than January 1, 2012, the department shall present those standards	48516
to the state board of education for consideration. In developing	48517
the standards, the department shall adapt existing standards used	48518
by professional organizations, research organizations, and other	48519
state governments.	48520

The state board shall consider the proposed standards and	48521
adopt a final set of standards not later than July 1, 2012.	48522

(B)(1) The department shall categorize all city, exempted	48523
village, and local school districts into not less than three nor	48524
more than five groups based primarily on average daily student	48525
enrollment as reported on the most recent report card issued for	48526
each district under section 3302.03 of the Revised Code.	48527

(2) The department shall categorize all joint vocational	48528
school districts into not less than three nor more than five	48529
groups based primarily on average daily membership as reported	48530
under division (D) of section 3317.03 of the Revised Code rounded	48531
to the nearest whole number.	48532

(3) The department shall categorize all community schools	48533
that are not internet- or computer-based community schools into	48534
not less than three nor more than five groups based primarily on	48535
average daily student enrollment as reported on the most recent	48536
report card issued for each community school under sections	48537
3302.03 and 3314.012 of the Revised Code.	48538

(4) The department shall categorize all internet- or	48539
computer-based community schools into a single category.	48540

(5) The department shall categorize all STEM schools into a	48541
single category.	48542

(C) Using the standards adopted under division (A) of this	48543
section and the data reported under sections 3301.0714 and 3314.17	48544
of the Revised Code, the department shall compute, for fiscal	48545
years 2008 through 2012, and annually for each fiscal year	48546
thereafter, the following:	48547

(1) The percentage of each district's, community school's, or	48548
STEM school's total operating budget spent for classroom	48549
instructional purposes;	48550

(2) The statewide average percentage for all districts,	48551
community schools, and STEM schools combined spent for classroom	48552
instructional purposes;	48553

(3) The average percentage for each of the categories of	48554
districts and schools established under division (B) of this	48555
section spent for classroom instructional purposes;	48556

(4) The ranking of each district, community school, or STEM	48557
school within its respective category established under division	48558
(B) of this section according to the following:	48559

(a) From highest to lowest percentage spent for classroom	48560
instructional purposes;	48561

(b) From lowest to highest percentage spent for	48562
noninstructional purposes.	48563

(D) In its display of rankings within each category under	48564
division (C)(4) of this section, the department shall make the	48565
following notations:	48566

(1) Within each category of city, exempted village, and local	48567
school districts, the department shall denote each district that	48568
is:	48569

(a) Among the twenty per cent of all city, exempted village,	48570
and local school districts statewide with the lowest total	48571
operating expenditures per pupil;	48572

(b) Among the twenty per cent of all city, exempted village,	48573
and local school districts statewide with the highest performance	48574
index scores.	48575

(2) Within each category of joint vocational school	48576
districts, the department shall denote each district that is:	48577

(a) Among the twenty per cent of all joint vocational school	48578
districts statewide with the lowest total operating expenditures	48579
per pupil;	48580

(b) Among the twenty per cent of all joint vocational school	48581
districts statewide with the highest performance measures required	48582
for career-technical education under 20 U.S.C. 2323, as ranked	48583
under division (A)(3) of section 3302.21 of the Revised Code.	48584

(3) Within each category of community schools that are not	48585
internet- or computer-based community schools, the department	48586
shall denote each school that is:	48587

(a) Among the twenty per cent of all such community schools	48588
statewide with the lowest total operating expenditures per pupil;	48589

(b) Among the twenty per cent of all such community schools	48590
statewide with the highest performance index scores.	48591

(4) Within the category of internet- or computer-based	48592
community schools, the department shall denote each school that	48593
is:	48594

(a) Among the twenty per cent of all such community schools	48595
statewide with the lowest total operating expenditures per pupil;	48596

(b) Among the twenty per cent of all such community schools	48597
statewide with the highest performance index scores.	48598

(5) Within the category of STEM schools, the department shall	48599
denote each school that is:	48600

(a) Among the twenty per cent of all STEM schools statewide	48601
with the lowest total operating expenditures per pupil;	48602

(b) Among the twenty per cent of all STEM schools statewide	48603
with the highest performance index scores.	48604

(E) The department shall post in a prominent location on its	48605
web site the information prescribed by divisions (C) and (D) of	48606
this section. The department also shall include on each	48607
district's, community school's, and STEM school's annual report	48608
card issued under section 3302.03 of the Revised Code the	48609
respective information computed for the district or school under	48610
divisions (C)(1) and (4) of this section, the statewide	48611
information computed under division (C)(2) of this section, and	48612
the information computed for the district's or school's category	48613
under division (C)(3) of this section.	48614

(F) As used in this section:

48615

(1) "Internet- or computer-based community school" has the	48616
same meaning as in section 3314.02 of the Revised Code.	48617

(2) A school district's, community school's, or STEM school's	48618
performance index score rank is its performance index score rank	48619
as computed under section 3302.21 of the Revised Code.	48620

Sec. 3302.21. (A) The department of education shall develop	48621
a system to rank order all city, exempted village, local, and	48622
joint vocational school districts, community schools established	48623
under Chapter 3314., and STEM schools established under Chapter	48624
3326. of the Revised Code according to the following measures:	48625

(1) Performance index score for each school district,	48626
community school, and STEM school and for each separate building	48627
of a district, community school, or STEM school. For districts,	48628
schools, or buildings to which the performance index score does	48629
not apply, the superintendent of public instruction shall develop	48630
another measure of student academic performance and use that	48631
measure to include those buildings in the ranking so that all	48632
districts, schools, and buildings may be reliably compared to each	48633
other.	48634

(2) Student performance growth from year to year, using the	48635
value-added progress dimension, if applicable, and other measures	48636
of student performance growth designated by the superintendent of	48637
public instruction for subjects and grades not covered by the	48638
value-added progress dimension;	48639

(3) Performance measures required for career-technical	48640
education under 20 U.S.C. 2323, if applicable. If a school	48641
district is a "VEPD" or "lead district" as those terms are defined	48642
in section 3317.023 of the Revised Code, the district's ranking	48643
shall be based on the performance of career-technical students	48644
from that district and all other districts served by that	48645
district, and such fact, including the identity of the other	48646
districts served by that district, shall be noted on the report	48647
required by division (B) of this section.	48648

(4) Current operating expenditures per pupil;

48649

(5) Of total current operating expenditures, percentage spent	48650
for classroom instruction as determined under standards adopted by	48651
the state board of education;	48652

(6) Performance of, and opportunities provided to, students	48653
identified as gifted using value-added progress dimensions, if	48654
applicable, and other relevant measures as designated by the	48655
superintendent of public instruction.	48656

The department shall rank each district, community school,	48657
and STEM school annually in accordance with the system developed	48658
under this section.	48659

(B) In addition to the reports required by sections 3302.03	48660
and 3302.031 of the Revised Code, not later than the first day of	48661
September each year, the department shall issue a report for each	48662
city, exempted village, local, and joint vocational school	48663
district, each community school, and each STEM school indicating	48664
the district's or school's rank on each measure described in	48665
divisions (A)(1) to (5) of this section, including each separate	48666
building's rank among all public school buildings according to	48667
performance index score under division (A)(1) of this section.	48668

Sec. 3302.22. (A) The governor's effective and efficient	48669
schools recognition program is hereby created. Each year, the	48670
governor shall recognize, in a manner deemed appropriate by the	48671
governor, the top ten per cent of all public schools in this	48672
state, including schools of city, exempted village, local, or	48673
joint vocational school districts, community schools established	48674
under Chapter 3314. of the Revised Code, and STEM schools	48675
established under Chapter 3326. of the Revised Code.	48676

(B) The top ten per cent of schools shall be determined by	48677
the department of education according to standards established by	48678
the department. The standards shall include, but need not be	48679
limited to, both of the following:	48680

(1) Student performance, as determined by factors including,	48681
but not limited to, performance indicators under section 3302.02	48682
of the Revised Code, report cards issued under section 3302.03 of	48683
the Revised Code, performance index score rankings under section	48684
3302.21 of the Revised Code, and any other statewide or national	48685
assessment or student performance recognition program the	48686
department selects;	48687

(2) Fiscal performance, including cost-effective measures	48688
taken by the school.	48689

Sec. 3302.25. (A) In accordance with standards prescribed by	48690
the state board of education for categorization of school district	48691
expenditures adopted under division (A) of section 3302.20 of the	48692
Revised Code, the department of education annually shall determine	48693
all of the following for the previous fiscal year:	48694

(1) For each school district, the ratio of the district's	48695
operating expenditures for instructional purposes compared to its	48696
operating expenditures for administrative purposes;	48697

(2) For each school district, the per pupil amount of the	48698
district's expenditures for instructional purposes;	48699

(3) For each school district, the per pupil amount of the	48700
district's operating expenditures for administrative purposes;	48701

(4) For each school district, the percentage of the	48702
district's operating expenditures attributable to school district	48703
funds;	48704

(5) The statewide average among all school districts for each	48705
of the items described in divisions (A)(1) to (4) of this section.	48706

(B) The department annually shall submit a report to each	48707
school district indicating the district's information for each of	48708
the items described in divisions (A)(1) to (4) of this section and	48709
the statewide averages described in division (A)(5) of this	48710
section.	48711

(C) Each school district, upon receipt of the report	48712
prescribed by division (B) of this section, shall publish the	48713
information contained in that report in a prominent location on	48714
the district's web site and publish the report in another fashion	48715
so that it is available to all parents of students enrolled in the	48716
district and to taxpayers of the district.	48717

Sec. 3302.30. (A) The superintendent of public instruction	48718
shall establish a pilot project in Columbiana county under which	48719
one or more school districts in that county shall offer a	48720
multiple-track high school curriculum for students with differing	48721
career plans. The superintendent shall solicit and select	48722
districts to participate in the pilot project. Selected districts	48723
shall begin offering their career track curricula not later than	48724
the school year that begins at least six months after the	48725
effective date of this section. No district shall be required to	48726
participate in the pilot project.	48727

The curricula provided under the pilot project at each	48728
participating district shall offer at least three distinct career	48729
tracks, including at least a college preparatory track and a	48730
career-technical track. Each track shall comply with the	48731
curriculum requirements of section 3313.603 of the Revised Code.	48732
The different tracks may be offered at different campuses. Two or	48733
more participating districts may offer some or all of their	48734
respective curriculum tracks through a cooperative agreement	48735
entered into under section 3313.842 of the Revised Code.	48736

The department of education shall provide technical	48737
assistance to participating districts in developing the curriculum	48738
tracks to offer to students under the pilot project.	48739

Part or all of selected curriculum materials or services may	48740
be purchased from other public or private sources.	48741

The state superintendent shall apply for private and other	48742
nonstate funds, and may use other available state funds, to	48743
support the pilot project. If nonstate funds cannot be obtained or	48744
the superintendent of public instruction determines that	48745
sufficient funds are not available to support the pilot project,	48746
implementation of this section may be postponed until such time as	48747
the superintendent determines that sufficient funds are available.	48748

(B) Each participating school district shall report to the	48749
state superintendent data about the operation and results of the	48750
pilot project, as required by the superintendent.	48751

(C) Not later than the thirty-first day of December of the	48752
third school year in which the pilot project is operating, the	48753
state superintendent shall submit a report to the general	48754
assembly, in accordance with section 101.68 of the Revised Code,	48755
containing the superintendent's evaluation of the results of the	48756
pilot project and legislative recommendations whether to continue,	48757
expand, or make changes to the pilot project.	48758

Sec. 3304.181. If the total of all funds available from	48759
nonfederal sources to support the activities of the rehabilitation	48760
services commission does not comply with the expenditure	48761
requirements of 34 C.F.R. 361.60 and 361.62 for those activities	48762
or would cause the state to lose an allotment or fail to receive a	48763
reallotment under 34 C.F.R. 361.65, the commission shall solicit	48764
additional funds from, and enter into agreements for the use of	48765
those funds with, private or public entities, including local	48766
government entities of this state. The commission shall continue	48767
to solicit additional funds and enter into agreements until the	48768
total funding available is sufficient for the commission to	48769
receive federal funds at the maximum amount and in the most	48770
advantageous proportion possible.	48771

Any agreement entered into between the commission and a	48772
private or public entity to provide funds under this section shall	48773
be in accordance with 34 C.F.R. 361.28 and section 3304.182 of the	48774
Revised Code.	48775

Sec. 3304.182. Any agreement between the rehabilitation	48776
services commission and a private or public entity providing funds	48777
under section 3304.181 of the Revised Code may permit the	48778
commission to receive a specified percentage of the funds ~~for~~	48779
~~administration~~, but the percentage shall be not more than ~~thirteen~~	48780
twenty-five per cent of the total funds available under the	48781
agreement. The agreement shall not be for less than six months or	48782
be discontinued by the commission without the commission first	48783
providing three months notice of intent to discontinue the	48784
agreement. The commission may terminate an agreement only for good	48785
cause.	48786

Any services provided under an agreement entered into under	48787
section 3304.181 of the Revised Code shall be provided by a person	48788
or government entity that meets the accreditation standards	48789
established in rules adopted by the commission under section	48790
3304.16 of the Revised Code.	48791

Sec. 3305.08. Any payment, benefit, or other right accruing	48792
to any electing employee under a contract entered into for	48793
purposes of an alternative retirement plan and all moneys,	48794
investments, and income of those contracts are exempt from any	48795
state tax, except the tax imposed by section 5747.02 of the	48796
Revised Code, are exempt from any county, municipal, or other	48797
local tax, except income taxes imposed pursuant to section 5748.02	48798
or, 5748.08, or 5748.09 of the Revised Code, and, except as	48799
provided in sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81,	48800
3121.02, 3121.03, 3123.06, 3305.09, and 3305.12 of the Revised	48801
Code, shall not be subject to execution, garnishment, attachment,	48802
the operation of bankruptcy or the insolvency law, or other	48803
process of law, and shall be unassignable except as specifically	48804
provided in this section and sections 3105.171, 3105.65, 3119.80,	48805
3119.81, 3121.02, 3121.03, 3115.32, and 3123.06 of the Revised	48806
Code or in any contract the electing employee has entered into for	48807
purposes of an alternative retirement plan.	48808

Sec. 3307.20. (A) As used in this section:

48809

(1) "Personal history record" means information maintained by	48810
the state teachers retirement board on an individual who is a	48811
member, former member, contributor, former contributor, retirant,	48812
or beneficiary that includes the address, telephone number, social	48813
security number, record of contributions, correspondence with the	48814
state teachers retirement system, or other information the board	48815
determines to be confidential.	48816

(2) "Retirant" has the same meaning as in section 3307.50 of	48817
the Revised Code.	48818

(B) The records of the board shall be open to public	48819
inspection, except for the following, which shall be excluded,	48820
except with the written authorization of the individual concerned:	48821

(1) The individual's personal records provided for in section	48822
3307.23 of the Revised Code;	48823

(2) The individual's personal history record;

48824

(3) Any information identifying, by name and address, the	48825
amount of a monthly allowance or benefit paid to the individual.	48826

(C) All medical reports and recommendations under sections	48827
3307.62, 3307.64, and 3307.66 of the Revised Code are privileged,	48828
except as follows:	48829

(1) Copies of medical reports or recommendations shall be	48830
made available to the personal physician, attorney, or authorized	48831
agent of the individual concerned upon written release received	48832
from the individual or the individual's agent, or, when necessary	48833
for the proper administration of the fund, to the board assigned	48834
physician.	48835

(2) Documentation required by section 2929.193 of the Revised	48836
Code shall be provided to a court holding a hearing under that	48837
section.	48838

(D) Any person who is a member or contributor of the system	48839
shall be furnished, on written request, with a statement of the	48840
amount to the credit of the person's account. The board need not	48841
answer more than one request of a person in any one year.	48842

(E) Notwithstanding the exceptions to public inspection in	48843
division (B) of this section, the board may furnish the following	48844
information:	48845

(1) If a member, former member, retirant, contributor, or	48846
former contributor is subject to an order issued under section	48847
2907.15 of the Revised Code or an order issued under division (A)	48848
or (B) of section 2929.192 of the Revised Code or is convicted of	48849
or pleads guilty to a violation of section 2921.41 of the Revised	48850
Code, on written request of a prosecutor as defined in section	48851
2935.01 of the Revised Code, the board shall furnish to the	48852
prosecutor the information requested from the individual's	48853
personal history record.	48854

(2) Pursuant to a court or administrative order issued under	48855
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the	48856
Revised Code, the board shall furnish to a court or child support	48857
enforcement agency the information required under that section.	48858

(3) At the written request of any person, the board shall	48859
provide to the person a list of the names and addresses of	48860
members, former members, retirants, contributors, former	48861
contributors, or beneficiaries. The costs of compiling, copying,	48862
and mailing the list shall be paid by such person.	48863

(4) Within fourteen days after receiving from the director of	48864
job and family services a list of the names and social security	48865
numbers of recipients of public assistance pursuant to section	48866
5101.181 of the Revised Code, the board shall inform the auditor	48867
of state of the name, current or most recent employer address, and	48868
social security number of each member whose name and social	48869
security number are the same as that of a person whose name or	48870
social security number was submitted by the director. The board	48871
and its employees shall, except for purposes of furnishing the	48872
auditor of state with information required by this section,	48873
preserve the confidentiality of recipients of public assistance in	48874
compliance with ~~division (A) of~~ section 5101.181 of the Revised	48875
Code.	48876

(5) The system shall comply with orders issued under section	48877
3105.87 of the Revised Code.	48878

On the written request of an alternate payee, as defined in	48879
section 3105.80 of the Revised Code, the system shall furnish to	48880
the alternate payee information on the amount and status of any	48881
amounts payable to the alternate payee under an order issued under	48882
section 3105.171 or 3105.65 of the Revised Code.	48883

(6) At the request of any person, the board shall make	48884
available to the person copies of all documents, including	48885
resumes, in the board's possession regarding filling a vacancy of	48886
a contributing member or retired teacher member of the board. The	48887
person who made the request shall pay the cost of compiling,	48888
copying, and mailing the documents. The information described in	48889
this division is a public record.	48890

(7) The system shall provide the notice required by section	48891
3307.373 of the Revised Code to the prosecutor assigned to the	48892
case.	48893

(F) A statement that contains information obtained from the	48894
system's records that is signed by an officer of the retirement	48895
system and to which the system's official seal is affixed, or	48896
copies of the system's records to which the signature and seal are	48897
attached, shall be received as true copies of the system's records	48898
in any court or before any officer of this state.	48899

Sec. 3307.31. (A) Payments by boards of education and	48900
governing authorities of community schools to the state teachers	48901
retirement system, as provided in sections 3307.29 and 3307.291 of	48902
the Revised Code, shall be made from the amount allocated under	48903
section 3314.08~~, Chapter 3306.,~~ or Chapter 3317. of the Revised	48904
Code prior to its distribution to the individual school districts	48905
or community schools. The amount due from each school district or	48906
community school shall be certified by the secretary of the system	48907
to the superintendent of public instruction monthly, or at such	48908
times as may be determined by the state teachers retirement board.	48909

The superintendent shall deduct, from the amount allocated to	48910
each district or community school under section 3314.08~~, Chapter~~	48911
~~3306.,~~ or Chapter 3317. of the Revised Code, the entire amounts	48912
due to the system from such district or school upon the	48913
certification to the superintendent by the secretary thereof.	48914

The superintendent shall certify to the director of budget	48915
and management the amounts thus due the system for payment.	48916

(B) Payments to the state teachers retirement system by a	48917
science, technology, engineering, and mathematics school shall be	48918
deducted from the amount allocated under section 3326.33 of the	48919
Revised Code and shall be made in the same manner as payments by	48920
boards of education under this section.	48921

Sec. 3307.41. The right of an individual to a pension, an	48922
annuity, or a retirement allowance itself, the right of an	48923
individual to any optional benefit, or any other right or benefit	48924
accrued or accruing to any individual under this chapter, the	48925
various funds created by section 3307.14 of the Revised Code, and	48926
all moneys, investments, and income from moneys or investments are	48927
exempt from any state tax, except the tax imposed by section	48928
5747.02 of the Revised Code, and are exempt from any county,	48929
municipal, or other local tax, except income taxes imposed	48930
pursuant to section 5748.02 or, 5748.08, or 5748.09 of the Revised	48931
Code, and, except as provided in sections 3105.171, 3105.65,	48932
3115.32, 3119.80, 3119.81, 3121.02, 3121.03, 3123.06, 3307.37,	48933
3307.372, and 3307.373 of the Revised Code, shall not be subject	48934
to execution, garnishment, attachment, the operation of bankruptcy	48935
or insolvency laws, or any other process of law whatsoever, and	48936
shall be unassignable except as specifically provided in this	48937
chapter or sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81,	48938
3121.02, 3121.03, and 3123.06 of the Revised Code.	48939

Sec. 3307.64. A disability benefit recipient,	48940
notwithstanding section 3319.13 of the Revised Code, shall retain	48941
membership in the state teachers retirement system and shall be	48942
considered on leave of absence during the first five years	48943
following the effective date of a disability benefit.	48944

The state teachers retirement board shall require any	48945
disability benefit recipient to submit to an annual medical	48946
examination by a physician selected by the board, except that the	48947
board may waive the medical examination if the board's physician	48948
certifies that the recipient's disability is ongoing. If a	48949
disability benefit recipient refuses to submit to a medical	48950
examination, the recipient's disability benefit shall be suspended	48951
until the recipient withdraws the refusal. If the refusal	48952
continues for one year, all the recipient's rights under and to	48953
the disability benefit shall be terminated as of the effective	48954
date of the original suspension.	48955

After the examination, the examiner shall report and certify	48956
to the board whether the disability benefit recipient is no longer	48957
physically and mentally incapable of resuming the service from	48958
which the recipient was found disabled. If the board concurs in a	48959
report by the examining physician that the disability benefit	48960
recipient is no longer incapable, the payment of a disability	48961
benefit shall be terminated not later than the following	48962
thirty-first day of August or upon employment as a teacher prior	48963
thereto. If the leave of absence has not expired, the board shall	48964
so certify to the disability benefit recipient's last employer	48965
before being found disabled that the recipient is no longer	48966
physically and mentally incapable of resuming service that is the	48967
same or similar to that from which the recipient was found	48968
disabled. If the recipient was under contract at the time the	48969
recipient was found disabled, the employer by the first day of the	48970
next succeeding year shall restore the recipient to the	48971
recipient's previous position and salary or to a position and	48972
salary similar thereto, unless the recipient was dismissed or	48973
resigned in lieu of dismissal for dishonesty, misfeasance,	48974
malfeasance, or conviction of a felony.	48975

A disability benefit shall terminate if the disability	48976
benefit recipient becomes employed as a teacher in any public or	48977
private school or institution in this state or elsewhere. An	48978
individual receiving a disability benefit from the system shall be	48979
ineligible for any employment as a teacher and it shall be	48980
unlawful for any employer to employ the individual as a teacher.	48981
If any employer should employ or reemploy the individual prior to	48982
the termination of a disability benefit, the employer shall file	48983
notice of employment with the board designating the date of the	48984
employment. If the individual should be paid both a disability	48985
benefit and also compensation for teaching service for all or any	48986
part of the same month, the secretary of the board shall certify	48987
to the employer or to the superintendent of public instruction the	48988
amount of the disability benefit received by the individual during	48989
the employment, which amount shall be deducted from any amount due	48990
the employing district under ~~Chapters 3306. and~~Chapter 3317. of	48991
the Revised Code or shall be paid by the employer to the annuity	48992
and pension reserve fund.	48993

Each disability benefit recipient shall file with the board	48994
an annual statement of earnings, current medical information on	48995
the recipient's condition, and any other information required in	48996
rules adopted by the board. The board may waive the requirement	48997
that a disability benefit recipient file an annual statement of	48998
earnings or current medical information if the board's physician	48999
certifies that the recipient's disability is ongoing.	49000

The board shall annually examine the information submitted by	49001
the recipient. If a disability benefit recipient refuses to file	49002
the statement or information, the disability benefit shall be	49003
suspended until the statement and information are filed. If the	49004
refusal continues for one year, the recipient's right to the	49005
disability benefit shall be terminated as of the effective date of	49006
the original suspension.	49007

A disability benefit also may be terminated by the board at	49008
the request of the disability benefit recipient.	49009

If disability retirement under section 3307.63 of the Revised	49010
Code is terminated for any reason, the annuity and pension	49011
reserves at that time in the annuity and pension reserve fund	49012
shall be transferred to the teachers' savings fund and the	49013
employers' trust fund, respectively. If the total disability	49014
benefit paid was less than the amount of the accumulated	49015
contributions of the member transferred to the annuity and pension	49016
reserve fund at the time of the member's disability retirement,	49017
then the difference shall be transferred from the annuity and	49018
pension reserve fund to another fund as required. In determining	49019
the amount of a member's account following the termination of	49020
disability retirement for any reason, the total amount paid shall	49021
be charged against the member's refundable account.	49022

If a disability allowance paid under section 3307.631 of the	49023
Revised Code is terminated for any reason, the reserve on the	49024
allowance at that time in the annuity and pension reserve fund	49025
shall be transferred from that fund to the employers' trust fund.	49026

If a former disability benefit recipient again becomes a	49027
contributor, other than as an other system retirant under section	49028
3307.35 of the Revised Code, to this retirement system, the school	49029
employees retirement system, or the public employees retirement	49030
system, and completes at least two additional years of service	49031
credit, the former disability benefit recipient shall receive	49032
credit for the period as a disability benefit recipient.	49033

Sec. 3309.22. (A)(1) As used in this division, "personal	49034
history record" means information maintained by the board on an	49035
individual who is a member, former member, contributor, former	49036
contributor, retirant, or beneficiary that includes the address,	49037
telephone number, social security number, record of contributions,	49038
correspondence with the system, and other information the board	49039
determines to be confidential.	49040

(2) The records of the board shall be open to public	49041
inspection, except for the following, which shall be excluded,	49042
except with the written authorization of the individual concerned:	49043

(a) The individual's statement of previous service and other	49044
information as provided for in section 3309.28 of the Revised	49045
Code;	49046

(b) Any information identifying by name and address the	49047
amount of a monthly allowance or benefit paid to the individual;	49048

49049

(B) All medical reports and recommendations required by the	49050
system are privileged except as follows:	49051

(1) Copies of medical reports or recommendations shall be	49052
made available to the personal physician, attorney, or authorized	49053
agent of the individual concerned upon written release received	49054
from the individual or the individual's agent, or when necessary	49055
for the proper administration of the fund, to the board assigned	49056
physician.	49057

(2) Documentation required by section 2929.193 of the Revised	49058
Code shall be provided to a court holding a hearing under that	49059
section.	49060

(C) Any person who is a contributor of the system shall be	49061
furnished, on written request, with a statement of the amount to	49062
the credit of the person's account. The board need not answer more	49063
than one such request of a person in any one year.	49064

(D) Notwithstanding the exceptions to public inspection in	49065
division (A)(2) of this section, the board may furnish the	49066
following information:	49067

(1) If a member, former member, contributor, former	49068
contributor, or retirant is subject to an order issued under	49069
section 2907.15 of the Revised Code or an order issued under	49070
division (A) or (B) of section 2929.192 of the Revised Code or is	49071
convicted of or pleads guilty to a violation of section 2921.41 of	49072
the Revised Code, on written request of a prosecutor as defined in	49073
section 2935.01 of the Revised Code, the board shall furnish to	49074
the prosecutor the information requested from the individual's	49075
personal history record.	49076

(2) Pursuant to a court or administrative order issued under	49077
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the	49078
Revised Code, the board shall furnish to a court or child support	49079
enforcement agency the information required under that section.	49080

(3) At the written request of any person, the board shall	49081
provide to the person a list of the names and addresses of	49082
members, former members, retirants, contributors, former	49083
contributors, or beneficiaries. The costs of compiling, copying,	49084
and mailing the list shall be paid by such person.	49085

(4) Within fourteen days after receiving from the director of	49086
job and family services a list of the names and social security	49087
numbers of recipients of public assistance pursuant to section	49088
5101.181 of the Revised Code, the board shall inform the auditor	49089
of state of the name, current or most recent employer address, and	49090
social security number of each contributor whose name and social	49091
security number are the same as that of a person whose name or	49092
social security number was submitted by the director. The board	49093
and its employees shall, except for purposes of furnishing the	49094
auditor of state with information required by this section,	49095
preserve the confidentiality of recipients of public assistance in	49096
compliance with ~~division (A) of~~ section 5101.181 of the Revised	49097
Code.	49098

(5) The system shall comply with orders issued under section	49099
3105.87 of the Revised Code.	49100

On the written request of an alternate payee, as defined in	49101
section 3105.80 of the Revised Code, the system shall furnish to	49102
the alternate payee information on the amount and status of any	49103
amounts payable to the alternate payee under an order issued under	49104
section 3105.171 or 3105.65 of the Revised Code.	49105

(6) At the request of any person, the board shall make	49106
available to the person copies of all documents, including	49107
resumes, in the board's possession regarding filling a vacancy of	49108
an employee member or retirant member of the board. The person who	49109
made the request shall pay the cost of compiling, copying, and	49110
mailing the documents. The information described in this division	49111
is a public record.	49112

(7) The system shall provide the notice required by section	49113
3309.673 of the Revised Code to the prosecutor assigned to the	49114
case.	49115

(E) A statement that contains information obtained from the	49116
system's records that is signed by an officer of the retirement	49117
system and to which the system's official seal is affixed, or	49118
copies of the system's records to which the signature and seal are	49119
attached, shall be received as true copies of the system's records	49120
in any court or before any officer of this state.	49121

Sec. 3309.41. (A) A disability benefit recipient shall	49122
retain membership status and shall be considered on leave of	49123
absence from employment during the first five years following the	49124
effective date of a disability benefit, notwithstanding any	49125
contrary provisions in Chapter 124. or 3319. of the Revised Code.	49126

(B) The school employees retirement board shall require a	49127
disability benefit recipient to undergo an annual medical	49128
examination, except that the board may waive the medical	49129
examination if the board's physician or physicians certify that	49130
the recipient's disability is ongoing. Should any disability	49131
benefit recipient refuse to submit to a medical examination, the	49132
recipient's disability benefit shall be suspended until withdrawal	49133
of the refusal. Should the refusal continue for one year, all the	49134
recipient's rights in and to the disability benefit shall be	49135
terminated as of the effective date of the original suspension.	49136

(C) On completion of the examination by an examining	49137
physician or physicians selected by the board, the physician or	49138
physicians shall report and certify to the board whether the	49139
disability benefit recipient is no longer physically and mentally	49140
incapable of resuming the service from which the recipient was	49141
found disabled. If the board concurs in the report that the	49142
disability benefit recipient is no longer incapable, the payment	49143
of the disability benefit shall be terminated not later than three	49144
months after the date of the board's concurrence or upon	49145
employment as an employee. If the leave of absence has not	49146
expired, the retirement board shall certify to the disability	49147
benefit recipient's last employer before being found disabled that	49148
the recipient is no longer physically and mentally incapable of	49149
resuming service that is the same or similar to that from which	49150
the recipient was found disabled. The employer shall restore the	49151
recipient to the recipient's previous position and salary or to a	49152
position and salary similar thereto not later than the first day	49153
of the first month following termination of the disability	49154
benefit, unless the recipient was dismissed or resigned in lieu of	49155
dismissal for dishonesty, misfeasance, malfeasance, or conviction	49156
of a felony.	49157

(D) Each disability benefit recipient shall file with the	49158
board an annual statement of earnings, current medical information	49159
on the recipient's condition, and any other information required	49160
in rules adopted by the board. The board may waive the requirement	49161
that a disability benefit recipient file an annual statement of	49162
earnings or current medical information on the recipient's	49163
condition if the board's physician or physicians certify that the	49164
recipient's disability is ongoing.	49165

The board shall annually examine the information submitted by	49166
the recipient. If a disability benefit recipient refuses to file	49167
the statement or information, the disability benefit shall be	49168
suspended until the statement and information are filed. If the	49169
refusal continues for one year, the recipient's right to the	49170
disability benefit shall be terminated as of the effective date of	49171
the original suspension.	49172

(E) If a disability benefit recipient is employed by an	49173
employer covered by this chapter, the recipient's disability	49174
benefit shall cease.	49175

(F) If disability retirement under section 3309.40 of the	49176
Revised Code is terminated for any reason, the annuity and pension	49177
reserves at that time in the annuity and pension reserve fund	49178
shall be transferred to the employees' savings fund and the	49179
employers' trust fund, respectively. If the total disability	49180
benefit paid is less than the amount of the accumulated	49181
contributions of the member transferred into the annuity and	49182
pension reserve fund at the time of the member's disability	49183
retirement, the difference shall be transferred from the annuity	49184
and pension reserve fund to another fund as may be required. In	49185
determining the amount of a member's account following the	49186
termination of disability retirement for any reason, the amount	49187
paid shall be charged against the member's refundable account.	49188

If a disability allowance paid under section 3309.401 of the	49189
Revised Code is terminated for any reason, the reserve on the	49190
allowance at that time in the annuity and pension reserve fund	49191
shall be transferred from that fund to the employers' trust fund.	49192

The board may terminate a disability benefit at the request	49193
of the recipient.	49194

(G) If a disability benefit is terminated and a former	49195
disability benefit recipient again becomes a contributor, other	49196
than as an other system retirant as defined in section 3309.341 of	49197
the Revised Code, to this system, the public employees retirement	49198
system, or the state teachers retirement system, and completes an	49199
additional two years of service credit after the termination of	49200
the disability benefit, the former disability benefit recipient	49201
shall be entitled to full service credit for the period as a	49202
disability benefit recipient.	49203

(H) If any employer employs any member who is receiving a	49204
disability benefit, the employer shall file notice of employment	49205
with the retirement board, designating the date of employment. In	49206
case the notice is not filed, the total amount of the benefit paid	49207
during the period of employment prior to notice shall be paid from	49208
amounts allocated under ~~Chapters 3306. and~~Chapter 3317. of the	49209
Revised Code prior to its distribution to the school district in	49210
which the disability benefit recipient was so employed.	49211

Sec. 3309.48. Any employee who left the service of an	49212
employer after attaining age sixty-five or over and such employer	49213
had failed or refused to deduct and transmit to the school	49214
employees retirement system the employee contributions as required	49215
by section 3309.47 of the Revised Code during any year for which	49216
membership was compulsory as determined by the school employees	49217
retirement board, shall be granted service credit without cost,	49218
which shall be considered as total service credit for the purposes	49219
of meeting the qualifications for service retirement provided by	49220
the law in effect on and retroactive to the first eligible	49221
retirement date following the date such employment terminated, but	49222
shall not be paid until formal application for such allowance on a	49223
form provided by the retirement board is received in the office of	49224
the retirement system. The total service credit granted under this	49225
section shall not exceed ten years for any such employee.	49226

The liability incurred by the retirement board because of the	49227
service credit granted under this section shall be determined by	49228
the retirement board, the cost of which shall be equal to an	49229
amount that is determined by applying the combined employee and	49230
employer rates of contribution against the compensation of such	49231
employee at the rates of contribution and maximum salary	49232
provisions in effect during such employment for each year for	49233
which credit is granted, together with interest at the rate to be	49234
credited accumulated contributions at retirement, compounded	49235
annually from the first day of the month payment was due the	49236
retirement system to and including the month of deposit, the total	49237
amount of which shall be collected from the employer. Such amounts	49238
shall be certified by the retirement board to the superintendent	49239
of public instruction, who shall deduct the amount due the system	49240
from any funds due the affected school district under ~~Chapters~~	49241
~~3306. and~~Chapter 3317. of the Revised Code. The superintendent	49242
shall certify to the director of budget and management the amount	49243
due the system for payment. The total amount paid shall be	49244
deposited into the employers' trust fund, and shall not be	49245
considered as accumulated contributions of the employee in the	49246
event of the employee's death or withdrawal of funds.	49247

Sec. 3309.51. (A) Each employer shall pay annually into the	49248
employers' trust fund, in such monthly or less frequent	49249
installments as the school employees retirement board requires, an	49250
amount certified by the school employees retirement board, which	49251
shall be as required by Chapter 3309. of the Revised Code.	49252

Payments by school district boards of education to the	49253
employers' trust fund of the school employees retirement system	49254
may be made from the amounts allocated under ~~Chapters 3306. and~~	49255
Chapter 3317. of the Revised Code prior to their distribution to	49256
the individual school districts. The amount due from each school	49257
district may be certified by the secretary of the system to the	49258
superintendent of public instruction monthly, or at such times as	49259
is determined by the school employees retirement board.	49260

Payments by governing authorities of community schools to the	49261
employers' trust fund of the school employees retirement system	49262
shall be made from the amounts allocated under section 3314.08 of	49263
the Revised Code prior to their distribution to the individual	49264
community schools. The amount due from each community school shall	49265
be certified by the secretary of the system to the superintendent	49266
of public instruction monthly, or at such times as determined by	49267
the school employees retirement board.	49268

Payments by a science, technology, engineering, and	49269
mathematics school to the employers' trust fund of the school	49270
employees retirement system shall be made from the amounts	49271
allocated under section 3326.33 of the Revised Code prior to their	49272
distribution to the school. The amount due from a science,	49273
technology, engineering, and mathematics school shall be certified	49274
by the secretary of the school employees retirement system to the	49275
superintendent of public instruction monthly, or at such times as	49276
determined by the school employees retirement board.	49277

(B) The superintendent shall deduct from the amount allocated	49278
to each community school under section 3314.08 of the Revised	49279
Code, to each school district under ~~Chapters 3306. and~~Chapter	49280
3317. of the Revised Code, or to each science, technology,	49281
engineering, and mathematics school under section 3326.33 of the	49282
Revised Code the entire amounts due to the school employees	49283
retirement system from such school or school district upon the	49284
certification to the superintendent by the secretary thereof.	49285

(C) Where an employer fails or has failed or refuses to make	49286
payments to the employers' trust fund, as provided for under	49287
Chapter 3309. of the Revised Code, the secretary of the school	49288
employees retirement system may certify to the state	49289
superintendent of public instruction, monthly or at such times as	49290
is determined by the school employees retirement board, the amount	49291
due from such employer, and the superintendent shall deduct from	49292
the amount allocated to the employer under section 3314.08 or	49293
3326.33 or Chapter ~~3306. or~~ 3317. of the Revised Code, as	49294
applicable, the entire amounts due to the system from the employer	49295
upon the certification to the superintendent by the secretary of	49296
the school employees retirement system.	49297

(D) The superintendent shall certify to the director of	49298
budget and management the amounts thus due the system for payment.	49299

Sec. 3309.66. The right of an individual to a pension, an	49300
annuity, or a retirement allowance itself, the right of an	49301
individual to any optional benefit, any other right accrued or	49302
accruing to any individual under this chapter, the various funds	49303
created by section 3309.60 of the Revised Code, and all moneys,	49304
investments, and income from moneys and investments are exempt	49305
from any state tax, except the tax imposed by section 5747.02 of	49306
the Revised Code, and are exempt from any county, municipal, or	49307
other local tax, except income taxes imposed pursuant to section	49308
5748.02 or, 5748.08, or 5748.09 of the Revised Code, and, except	49309
as provided in sections 3105.171, 3105.65, 3115.32, 3119.80,	49310
3119.81, 3121.02, 3121.03, 3123.06, 3309.67, 3309.672, and	49311
3309.673 of the Revised Code, shall not be subject to execution,	49312
garnishment, attachment, the operation of bankruptcy or insolvency	49313
laws, or any other process of law whatsoever, and shall be	49314
unassignable except as specifically provided in this chapter and	49315
in sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81, 3121.02,	49316
3121.03, and 3123.06 of the Revised Code.	49317

Sec. 3310.02. (A) The educational choice scholarship pilot	49318
program is hereby established. Under the program, the department	49319
of education annually shall pay scholarships to attend chartered	49320
nonpublic schools in accordance with section 3310.08 of the	49321
Revised Code for up to ~~fourteen thousand~~the following number of	49322
eligible students:	49323

(1) Thirty thousand in the 2011-2012 school year;

49324

(2) Sixty thousand in the 2012-2013 school year and	49325
thereafter. If	49326

(B) If the number of students who apply for a scholarship	49327
exceeds ~~fourteen thousand~~the number of scholarships available	49328
under division (A) of this section for the applicable school year,	49329
the department shall award scholarships in the following order of	49330
priority:	49331

~~(A)~~(1) First, to eligible students who received scholarships	49332
in the prior school year;	49333

~~(B)~~(2) Second, to eligible students with family incomes at or	49334
below two hundred per cent of the federal poverty guidelines, as	49335
defined in section 5101.46 of the Revised Code, who qualify under	49336
division (A) of section 3310.03 of the Revised Code. If the number	49337
of students described in ~~this~~ division (B)(2) of this section who	49338
apply for a scholarship exceeds the number of available	49339
scholarships after awards are made under division ~~(A)~~(B)(1) of	49340
this section, the department shall select students described in	49341
~~this~~ division (B)(2) of this section by lot to receive any	49342
remaining scholarships.	49343

~~(C)~~(3) Third, to other eligible students who qualify under	49344
division (A) of section 3310.03 of the Revised Code. If the number	49345
of students described in ~~this~~ division (B)(3) of this section who	49346
apply for a scholarship exceeds the number of available	49347
scholarships after awards are made under divisions ~~(A)~~(B)(1) and	49348
~~(B)~~(2) of this section, the department shall select students	49349
described in ~~this~~ division (B)(3) of this section by lot to	49350
receive any remaining scholarships.	49351

(4) Fourth, to eligible students with family incomes at or	49352
below two hundred per cent of the federal poverty guidelines who	49353
qualify under division (B) of section 3310.03 of the Revised Code.	49354
If the number of students described in division (B)(4) of this	49355
section who apply for a scholarship exceeds the number of	49356
available scholarships after awards are made under divisions	49357
(B)(1) to (3) of this section, the department shall select	49358
students described in division (B)(4) of this section by lot to	49359
receive any remaining scholarships.	49360

(5) Fifth, to other eligible students who qualify under	49361
division (B) of section 3310.03 of the Revised Code. If the number	49362
of students described in division (B)(5) of this section who apply	49363
for a scholarship exceeds the number of available scholarships	49364
after awards are made under divisions (B)(1) to (4) of this	49365
section, the department shall select students described in	49366
division (B)(5) of this section by lot to receive any remaining	49367
scholarships.	49368

Sec. 3310.03. ~~(A)~~ A student is an "eligible student" for	49369
purposes of the educational choice scholarship pilot program if	49370
the student's resident district is not a school district in which	49371
the pilot project scholarship program is operating under sections	49372
3313.974 to 3313.979 of the Revised Code and the student satisfies	49373
one of the ~~following~~ conditions in division (A) or (B) of this	49374
section:	49375

(A)(1) The student is enrolled in a school building that is	49376
operated by the student's resident district and to which both of	49377
the following apply:	49378

(a) The building was declared, in at least two of the three	49379
most recent ratings of school buildings published prior to the	49380
first day of July of the school year for which a scholarship is	49381
sought, to be in a state of academic emergency or academic watch	49382
under section 3302.03 of the Revised Code;	49383

(b) The building was not declared to be excellent or	49384
effective under that section in the most recent rating published	49385
prior to the first day of July of the school year for which a	49386
scholarship is sought.	49387

(2) The student is eligible to enroll in kindergarten in the	49388
school year for which a scholarship is sought and otherwise would	49389
be assigned under section 3319.01 of the Revised Code to a school	49390
building described in division (A)(1) of this section.	49391

(3) The student is enrolled in a community school established	49392
under Chapter 3314. of the Revised Code but otherwise would be	49393
assigned under section 3319.01 of the Revised Code to a building	49394
described in division (A)(1) of this section.	49395

(4) The student is enrolled in a school building that is	49396
operated by the student's resident district or in a community	49397
school established under Chapter 3314. of the Revised Code and	49398
otherwise would be assigned under section 3319.01 of the Revised	49399
Code to a school building described in division (A)(1) of this	49400
section in the school year for which the scholarship is sought.	49401

(5) The student is eligible to enroll in kindergarten in the	49402
school year for which a scholarship is sought, or is enrolled in a	49403
community school established under Chapter 3314. of the Revised	49404
Code, and all of the following apply to the student's resident	49405
district:	49406

(a) The district has in force an intradistrict open	49407
enrollment policy under which no student in kindergarten or the	49408
community school student's grade level, respectively, is	49409
automatically assigned to a particular school building;	49410

(b) In at least two of the three most recent ratings of	49411
school districts published prior to the first day of July of the	49412
school year for which a scholarship is sought, the district was	49413
declared to be in a state of academic emergency under section	49414
3302.03 of the Revised Code;	49415

(c) The district was not declared to be excellent or	49416
effective under that section in the most recent rating published	49417
prior to the first day of July of the school year for which a	49418
scholarship is sought.	49419

(B)(1) The student is enrolled in a school building that is	49420
operated by the student's resident district and to which both of	49421
the following apply:	49422

(a) The building was ranked, for at least two of the three	49423
most recent rankings published under section 3302.21 of the	49424
Revised Code prior to the first day of July of the school year for	49425
which a scholarship is sought, in the lowest ten per cent of all	49426
public school buildings according to performance index score under	49427
section 3302.21 of the Revised Code.	49428

(b) The building was not declared to be excellent or	49429
effective under section 3302.03 of the Revised Code in the most	49430
recent rating published prior to the first day of July of the	49431
school year for which a scholarship is sought.	49432

(2) The student is eligible to enroll in kindergarten in the	49433
school year for which a scholarship is sought and otherwise would	49434
be assigned under section 3319.01 of the Revised Code to a school	49435
building described in division (B)(1) of this section.	49436

(3) The student is enrolled in a community school established	49437
under Chapter 3314. of the Revised Code but otherwise would be	49438
assigned under section 3319.01 of the Revised Code to a building	49439
described in division (B)(1) of this section.	49440

(4) The student is enrolled in a school building that is	49441
operated by the student's resident district or in a community	49442
school established under Chapter 3314. of the Revised Code and	49443
otherwise would be assigned under section 3319.01 of the Revised	49444
Code to a school building described in division (B)(1) of this	49445
section in the school year for which the scholarship is sought.	49446

(C) A student who receives a scholarship under the	49447
educational choice scholarship pilot program remains an eligible	49448
student and may continue to receive scholarships in subsequent	49449
school years until the student completes grade twelve, so long as	49450
all of the following apply:	49451

(1) The student's resident district remains the same, or the	49452
student transfers to a new resident district and otherwise would	49453
be assigned in the new resident district to a school building	49454
described in division (A)(1) or ~~(6)~~(B)(1) of this section;	49455

(2) The student takes each assessment prescribed for the	49456
student's grade level under section 3301.0710 or 3301.0712 of the	49457
Revised Code while enrolled in a chartered nonpublic school;	49458

(3) In each school year that the student is enrolled in a	49459
chartered nonpublic school, the student is absent from school for	49460
not more than twenty days that the school is open for instruction,	49461
not including excused absences.	49462

~~(C)~~(D)(1) The department shall cease awarding first-time	49463
scholarships pursuant to divisions (A)(1) to (4) of this section	49464
with respect to a school building that, in the most recent ratings	49465
of school buildings published under section 3302.03 of the Revised	49466
Code prior to the first day of July of the school year, ceases to	49467
meet the criteria in division (A)(1) of this section. The	49468
department shall cease awarding first-time scholarships pursuant	49469
to division (A)(5) of this section with respect to a school	49470
district that, in the most recent ratings of school districts	49471
published under section 3302.03 of the Revised Code prior to the	49472
first day of July of the school year, ceases to meet the criteria	49473
in division (A)(5) of this section. ~~However~~	49474

(2) The department shall cease awarding first-time	49475
scholarships pursuant to divisions (B)(1) to (4) of this section	49476
with respect to a school building that, in the most recent ratings	49477
of school buildings under section 3302.03 of the Revised Code	49478
prior to the first day of July of the school year, ceases to meet	49479
the criteria in division (B)(1) of this section.	49480

(3) However, students who have received scholarships in the	49481
prior school year remain eligible students pursuant to division	49482
~~(B)~~(C) of this section.	49483

~~(D)~~(E) The state board of education shall adopt rules	49484
defining excused absences for purposes of division ~~(B)~~(C)(3) of	49485
this section.	49486

Sec. 3310.05. A scholarship under the educational choice	49487
scholarship pilot program is not available for any student whose	49488
resident district is a school district in which the pilot project	49489
scholarship program is operating under sections 3313.974 to	49490
3313.979 of the Revised Code. The two pilot programs are separate	49491
and distinct~~. The general assembly has prescribed separate~~	49492
~~scholarship amounts for the two pilot programs in recognition of~~	49493
~~their~~, with differing eligibility criteria. The pilot project	49494
scholarship program operating under sections 3313.974 to 3313.979	49495
of the Revised Code is a district-wide program that may award	49496
scholarships to students who do not attend district schools that	49497
face academic challenges, whereas the educational choice	49498
scholarship pilot program established under sections 3310.01 to	49499
3310.17 of the Revised Code is limited to students of individual	49500
district school buildings that face academic challenges.	49501

Sec. 3310.08. (A) The amount paid for an eligible student	49502
under the educational choice scholarship pilot program shall be	49503
the lesser of the tuition of the chartered nonpublic school in	49504
which the student is enrolled or the maximum amount prescribed in	49505
section 3310.09 of the Revised Code.	49506

(B)(1) The department shall pay to the parent of each	49507
eligible student for whom a scholarship is awarded under the	49508
program, or to the student if at least eighteen years of age,	49509
periodic partial payments of the scholarship.	49510

(2) The department shall proportionately reduce or terminate	49511
the payments for any student who withdraws from a chartered	49512
nonpublic school prior to the end of the school year.	49513

(C)(1) The department shall deduct ~~five thousand two hundred~~	49514
~~dollars~~ from the payments made to each school district under	49515
~~Chapters 3306. and~~Chapter 3317., and, if necessary, sections	49516
321.24 and 323.156 of the Revised Code, the amount paid under	49517
division (B) of this section for each eligible student awarded a	49518
scholarship under the ~~educational choice scholarship pilot~~ program	49519
who is entitled under section 3313.64 or 3313.65 of the Revised	49520
Code to attend school in the district.	49521

~~The amount deducted under division (C)(1) of this section~~	49522
~~funds scholarships for students under both the educational choice~~	49523
~~scholarship pilot program and the pilot project scholarship~~	49524
~~program under sections 3313.974 to 3313.979 of the Revised Code.~~	49525

(2) If the department reduces or terminates payments to a	49526
parent or a student, as prescribed in division (B)(2) of this	49527
section, and the student enrolls in the schools of the student's	49528
resident district or in a community school, established under	49529
Chapter 3314. of the Revised Code, before the end of the school	49530
year, the department shall proportionally restore to the resident	49531
district the amount deducted for that student under division	49532
(C)(1) of this section.	49533

~~(D) In the case of any school district from which a deduction~~	49534
~~is made under division (C) of this section, the department shall~~	49535
~~disclose on the district's SF-3 form, or any successor to that~~	49536
~~form used to calculate a district's state funding for operating~~	49537
~~expenses, a comparison of the following:~~	49538

~~(1) The district's state share of the adequacy amount~~	49539
~~payment, as calculated under section 3306.13 of the Revised Code~~	49540
~~with the scholarship students included in the district's formula~~	49541
~~ADM;~~	49542

~~(2) What the district's state share of the adequacy amount~~	49543
~~payment would have been, as calculated under that section if the~~	49544
~~scholarship students were not included in the district's formula~~	49545
~~ADM.~~	49546

~~This comparison shall display both the aggregate difference~~	49547
~~between the amounts described in divisions (D)(1) and (2) of this~~	49548
~~section, and the quotient of that aggregate difference divided by~~	49549
~~the number of eligible students for whom deductions are made under~~	49550
~~division (C) of this section.~~	49551

Sec. 3310.41. (A) As used in this section:

49552

(1) "Alternative public provider" means either of the	49553
following providers that agrees to enroll a child in the	49554
provider's special education program to implement the child's	49555
individualized education program and to which the child's parent	49556
owes fees for the services provided to the child:	49557

(a) A school district that is not the school district in	49558
which the child is entitled to attend school;	49559

(b) A public entity other than a school district.

49560

(2) "Entitled to attend school" means entitled to attend	49561
school in a school district under section 3313.64 or 3313.65 of	49562
the Revised Code.	49563

(3) "Formula ADM" and "category six special education ADM"	49564
have the same meanings as in section 3317.02 of the Revised Code.	49565

(4) "Preschool child with a disability" and "individualized	49566
education program" have the same meanings as in section 3323.01 of	49567
the Revised Code.	49568

(5) "Parent" has the same meaning as in section 3313.64 of	49569
the Revised Code, except that "parent" does not mean a parent	49570
whose custodial rights have been terminated.	49571

(6) "Preschool scholarship ADM" means the number of preschool	49572
children with disabilities reported under division (B)(3)(h) of	49573
section 3317.03 of the Revised Code.	49574

(7) "Qualified special education child" is a child for whom	49575
all of the following conditions apply:	49576

(a) The school district in which the child is entitled to	49577
attend school has identified the child as autistic. A child who	49578
has been identified as having a "pervasive developmental disorder	49579
- not otherwise specified (PPD-NOS)" shall be considered to be an	49580
autistic child for purposes of this section.	49581

(b) The school district in which the child is entitled to	49582
attend school has developed an individualized education program	49583
under Chapter 3323. of the Revised Code for the child.	49584

49585

(i) Was enrolled in the school district in which the child is	49586
entitled to attend school in any grade from preschool through	49587
twelve in the school year prior to the year in which a scholarship	49588
under this section is first sought for the child; or	49589

(ii) Is eligible to enter school in any grade preschool	49590
through twelve in the school district in which the child is	49591
entitled to attend school in the school year in which a	49592
scholarship under this section is first sought for the child.	49593

(8) "Registered private provider" means a nonpublic school or	49594
other nonpublic entity that has been approved by the department of	49595
education to participate in the program established under this	49596
section.	49597

(9) "Special education program" means a school or facility	49598
that provides special education and related services to children	49599
with disabilities.	49600

(B) There is hereby established the autism scholarship	49601
program. Under the program, the department of education shall pay	49602
a scholarship to the parent of each qualified special education	49603
child upon application of that parent pursuant to procedures and	49604
deadlines established by rule of the state board of education.	49605
Each scholarship shall be used only to pay tuition for the child	49606
on whose behalf the scholarship is awarded to attend a special	49607
education program that implements the child's individualized	49608
education program and that is operated by an alternative public	49609
provider or by a registered private provider. Each scholarship	49610
shall be in an amount not to exceed the lesser of the tuition	49611
charged for the child by the special education program or twenty	49612
thousand dollars. The purpose of the scholarship is to permit the	49613
parent of a qualified special education child the choice to send	49614
the child to a special education program, instead of the one	49615
operated by or for the school district in which the child is	49616
entitled to attend school, to receive the services prescribed in	49617
the child's individualized education program once the	49618
individualized education program is finalized. AThe services	49619
provided under the scholarship shall include an educational	49620
component.	49621

A scholarship under this section shall not be awarded to the	49622
parent of a child while the child's individualized education	49623
program is being developed by the school district in which the	49624
child is entitled to attend school, or while any administrative or	49625
judicial mediation or proceedings with respect to the content of	49626
the child's individualized education program are pending. A	49627
scholarship under this section shall not be used for a child to	49628
attend a public special education program that operates under a	49629
contract, compact, or other bilateral agreement between the school	49630
district in which the child is entitled to attend school and	49631
another school district or other public provider, or for a child	49632
to attend a community school established under Chapter 3314. of	49633
the Revised Code. However, nothing in this section or in any rule	49634
adopted by the state board shall prohibit a parent whose child	49635
attends a public special education program under a contract,	49636
compact, or other bilateral agreement, or a parent whose child	49637
attends a community school, from applying for and accepting a	49638
scholarship under this section so that the parent may withdraw the	49639
child from that program or community school and use the	49640
scholarship for the child to attend a special education program	49641
for which the parent is required to pay for services for the	49642
child. A	49643

A child attending a special education program with a	49644
scholarship under this section shall continue to be entitled to	49645
transportation to and from that program in the manner prescribed	49646
by law.	49647

(C)(1) As prescribed in divisions (A)(2)(h), (B)(3)(g), and	49648
(B)(10) of section 3317.03 of the Revised Code, a child who is not	49649
a preschool child with a disability for whom a scholarship is	49650
awarded under this section shall be counted in the formula ADM and	49651
the category six special education ADM of the district in which	49652
the child is entitled to attend school and not in the formula ADM	49653
and the category six special education ADM of any other school	49654
district. As prescribed in divisions (B)(3)(h) and (B)(10) of	49655
section 3317.03 of the Revised Code, a child who is a preschool	49656
child with a disability for whom a scholarship is awarded under	49657
this section shall be counted in the preschool scholarship ADM and	49658
category six special education ADM of the school district in which	49659
the child is entitled to attend school and not in the preschool	49660
scholarship ADM or category six special education ADM of any other	49661
school district.	49662

(2) In each fiscal year, the department shall deduct from the	49663
amounts paid to each school district under ~~Chapters 3306. and~~	49664
Chapter 3317. of the Revised Code, and, if necessary, sections	49665
321.24 and 323.156 of the Revised Code, the aggregate amount of	49666
scholarships awarded under this section for qualified special	49667
education children included in the formula ADM, or preschool	49668
scholarship ADM, and in the category six special education ADM of	49669
that school district as provided in division (C)(1) of this	49670
section. ~~When computing the school district's instructional~~	49671
~~services support under section 3306.05 of the Revised Code, the~~	49672
~~department shall add the district's preschool scholarship ADM to~~	49673
~~the district's formula ADM.~~	49674

The scholarships deducted shall be considered as an approved	49675
special education and related services expense of the school	49676
district.	49677

(3) From time to time, the department shall make a payment to	49678
the parent of each qualified special education child for whom a	49679
scholarship has been awarded under this section. The scholarship	49680
amount shall be proportionately reduced in the case of any such	49681
child who is not enrolled in the special education program for	49682
which a scholarship was awarded under this section for the entire	49683
school year. The department shall make no payments to the parent	49684
of a child while any administrative or judicial mediation or	49685
proceedings with respect to the content of the child's	49686
individualized education program are pending.	49687

(D) A scholarship shall not be paid to a parent for payment	49688
of tuition owed to a nonpublic entity unless that entity is a	49689
registered private provider. The department shall approve entities	49690
that meet the standards established by rule of the state board for	49691
the program established under this section.	49692

(E) The state board shall adopt rules under Chapter 119. of	49693
the Revised Code prescribing procedures necessary to implement	49694
this section, including, but not limited to, procedures and	49695
deadlines for parents to apply for scholarships, standards for	49696
registered private providers, and procedures for approval of	49697
entities as registered private providers.	49698

Sec. 3310.51. As used in sections 3310.51 to 3310.64 of the	49699
Revised Code:	49700

(A) "Alternative public provider" means either of the	49701
following providers that agrees to enroll a child in the	49702
provider's special education program to implement the child's	49703
individualized education program and to which the eligible	49704
applicant owes fees for the services provided to the child:	49705

(1) A school district that is not the school district in	49706
which the child is entitled to attend school or the child's school	49707
district of residence, if different;	49708

(2) A public entity other than a school district.

49709

(B) "Child with a disability" and "individualized education	49710
program" have the same meanings as in section 3323.01 of the	49711
Revised Code.	49712

49713

(1) Either of the natural or adoptive parents of a qualified	49714
special education child, except as otherwise specified in this	49715
division. When the marriage of the natural or adoptive parents of	49716
the student has been terminated by a divorce, dissolution of	49717
marriage, or annulment, or when the natural or adoptive parents of	49718
the student are living separate and apart under a legal separation	49719
decree, and a court has issued an order allocating the parental	49720
rights and responsibilities with respect to the child, "eligible	49721
applicant" means the residential parent as designated by the	49722
court. If the court issues a shared parenting decree, "eligible	49723
applicant" means either parent. "Eligible applicant" does not mean	49724
a parent whose custodial rights have been terminated.	49725

(2) The custodian of a qualified special education child,	49726
when a court has granted temporary, legal, or permanent custody of	49727
the child to an individual other than either of the natural or	49728
adoptive parents of the child or to a government agency;	49729

(3) The guardian of a qualified special education child, when	49730
a court has appointed a guardian for the child;	49731

(4) The grandparent of a qualified special education child,	49732
when the grandparent is the child's attorney in fact under a power	49733
of attorney executed under sections 3109.51 to 3109.62 of the	49734
Revised Code or when the grandparent has executed a caregiver	49735
authorization affidavit under sections 3109.65 to 3109.73 of the	49736
Revised Code;	49737

(5) The surrogate parent appointed for a qualified special	49738
education child pursuant to division (B) of section 3323.05 and	49739
section 3323.051 of the Revised Code;	49740

(6) A qualified special education child, if the child does	49741
not have a custodian or guardian and the child is at least	49742
eighteen years of age.	49743

(D) "Entitled to attend school" means entitled to attend	49744
school in a school district under sections 3313.64 and 3313.65 of	49745
the Revised Code.	49746

(E) "Formula ADM" and "formula amount" have the same meanings	49747
as in section 3317.02 of the Revised Code.	49748

(F) "Qualified special education child" is a child for whom	49749
all of the following conditions apply:	49750

(1) The child is at least five years of age and less than	49751
twenty-two years of age.	49752

(2) The school district in which the child is entitled to	49753
attend school, or the child's school district of residence if	49754
different, has identified the child as a child with a disability.	49755

(3) The school district in which the child is entitled to	49756
attend school, or the child's school district of residence if	49757
different, has developed an individualized education program under	49758
Chapter 3323. of the Revised Code for the child.	49759

(4) The child either:

49760

(a) Was enrolled in the schools of the school district in	49761
which the child is entitled to attend school in any grade from	49762
kindergarten through twelve in the school year prior to the school	49763
year in which a scholarship is first sought for the child;	49764

(b) Is eligible to enter school in any grade kindergarten	49765
through twelve in the school district in which the child is	49766
entitled to attend school in the school year in which a	49767
scholarship is first sought for the child.	49768

(5) The department of education has not approved a	49769
scholarship for the child under the educational choice scholarship	49770
pilot program, under sections 3310.01 to 3310.17 of the Revised	49771
Code, the autism scholarship program, under section 3310.41 of the	49772
Revised Code, or the pilot project scholarship program, under	49773
sections 3313.974 to 3313.979 of the Revised Code for the same	49774
school year in which a scholarship under the Jon Peterson special	49775
needs scholarship program is sought.	49776

(6) The child and the child's parents are in compliance with	49777
the state compulsory attendance law under Chapter 3321. of the	49778
Revised Code.	49779

(G) "Registered private provider" means a nonpublic school or	49780
other nonpublic entity that has been registered by the	49781
superintendent of public instruction under section 3310.58 of the	49782
Revised Code.	49783

(H) "Scholarship" means a scholarship awarded under the Jon	49784
Peterson special needs scholarship program pursuant to sections	49785
3310.51 to 3310.64 of the Revised Code.	49786

(I) "School district of residence" has the same meaning as in	49787
section 3323.01 of the Revised Code. A community school	49788
established under Chapter 3314. of the Revised Code is not a	49789
"school district of residence" for purposes of sections 3310.51 to	49790
3310.64 of the Revised Code.	49791

(J) "School year" has the same meaning as in section 3313.62	49792
of the Revised Code.	49793

(K) "Special education program" means a school or facility	49794
that provides special education and related services to children	49795
with disabilities.	49796

Sec. 3310.52. (A) The Jon Peterson special needs scholarship	49797
program is hereby established. Under the program, beginning with	49798
the 2012-2013 school year, subject to division (B) of this	49799
section, the department of education annually shall pay a	49800
scholarship to an eligible applicant for services provided by an	49801
alternative public provider or a registered private provider for a	49802
qualified special education child. The scholarship shall be used	49803
only to pay all or part of the fees for the child to attend the	49804
special education program operated by the alternative public	49805
provider or registered private provider to implement the child's	49806
individualized education program, in lieu of the child's attending	49807
the special education program operated by the school district in	49808
which the child is entitled to attend school, and other services	49809
agreed to by the provider and eligible applicant that are not	49810
included in the individualized education program but are	49811
associated with educating the child. Upon agreement with the	49812
eligible applicant, the alternative public provider or registered	49813
private provider may modify the services provided to the child.	49814

(B) The number of scholarships awarded under the program in	49815
any fiscal year shall not exceed five per cent of the total number	49816
of students residing in the state identified as children with	49817
disabilities during the previous fiscal year.	49818

(C) No scholarship or renewal of a scholarship shall be	49819
awarded to an eligible applicant on behalf of a qualified special	49820
education child for the next school year, unless on or before the	49821
application deadline the eligible applicant completes the	49822
application for the scholarship or renewal, in the manner	49823
prescribed by the department, and notifies the school district in	49824
which the child is entitled to attend school that the eligible	49825
applicant has applied for the scholarship or renewal.	49826

The application deadline for academic terms that begin	49827
between the first day of July and the thirty-first day of December	49828
shall be the fifteenth day of April that precedes the first day of	49829
instruction. The application deadline for academic terms that	49830
begin between the first day of January and the thirtieth day of	49831
June shall be the fifteenth day of November that precedes the	49832
first day of instruction.	49833

Sec. 3310.521. (A) As a condition of receiving payments for a	49834
scholarship, each eligible applicant shall attest to receipt of	49835
the profile prescribed by division (B) of this section. Such	49836
attestation shall be made and submitted to the department of	49837
education in the form and manner as required by the department.	49838

(B) The alternative public provider or registered private	49839
provider that enrolls a qualified special education child shall	49840
submit in writing to the eligible applicant to whom a scholarship	49841
is awarded on behalf of that child a profile of the provider's	49842
special education program, in a form as prescribed by the	49843
department, that shall contain the following:	49844

(1) Methods of instruction that will be utilized by the	49845
provider to provide services to the qualified special education	49846
child;	49847

(2) Qualifications of teachers, instructors, and other	49848
persons who will be engaged by the provider to provide services to	49849
the qualified special education child.	49850

Sec. 3310.522. In order to maintain eligibility for a	49851
scholarship under the program, a student shall take each	49852
assessment prescribed by sections 3301.0710 and 3301.0712 of the	49853
Revised Code, unless the student is excused from taking that	49854
assessment under federal law or the student's individualized	49855
education program.	49856

Notwithstanding division (K) of section 3301.0711 of the	49857
Revised Code, each registered private provider that enrolls a	49858
student who is awarded a scholarship under this section shall	49859
administer each assessment prescribed by sections 3301.0710 and	49860
3301.0712 of the Revised Code to that student, unless the student	49861
is excused from taking that assessment, and shall report to the	49862
department the results of each assessment so administered.	49863

Nothing in this section requires any chartered nonpublic	49864
school that is a registered private provider to administer any	49865
achievement assessment, except for an Ohio graduation test	49866
prescribed by division (B)(1) of section 3301.0710 of the Revised	49867
Code, as required by section 3313.612 of the Revised Code, to any	49868
student enrolled in the school who is not a scholarship student.	49869

Sec. 3310.53. (A) Except for development of the child's	49870
individualized education program, as specified in division (B) of	49871
this section, the school district in which a qualified special	49872
education child is entitled to attend school and the child's	49873
school district of residence, if different, are not obligated to	49874
provide the child with a free appropriate public education under	49875
Chapter 3323. of the Revised Code for as long as the child	49876
continues to attend the special education program operated by	49877
either an alternative public provider or a registered private	49878
provider for which a scholarship is awarded under the Jon Peterson	49879
special needs scholarship program. If at any time, the eligible	49880
applicant for the child decides no longer to accept scholarship	49881
payments and enrolls the child in the special education program of	49882
the school district in which the child is entitled to attend	49883
school, that district shall provide the child with a free	49884
appropriate public education under Chapter 3323. of the Revised	49885
Code.	49886

(B) Each eligible applicant and each qualified special	49887
education child have a continuing right to the development of an	49888
individualized education program for the child that complies with	49889
Chapter 3323. of the Revised Code, 20 U.S.C. 1400 et seq., and	49890
administrative rules or guidelines adopted by the Ohio department	49891
of education or the United States department of education. The	49892
school district in which a qualified special education child is	49893
entitled to attend school, or the child's school district of	49894
residence if different, shall develop each individualized	49895
education program for the child in accordance with those	49896
provisions.	49897

(C) Each school district shall notify an eligible applicant	49898
of the applicant's and qualified special education child's rights	49899
under sections 3310.51 to 3310.64 of the Revised Code by providing	49900
to each eligible applicant the comparison document prescribed in	49901
section 3323.052 of the Revised Code. An eligible applicant's	49902
receipt of that document, as acknowledged in a format prescribed	49903
by the department of education, shall constitute notice that the	49904
eligible applicant has been informed of those rights. Upon receipt	49905
of that document, subsequent acceptance of a scholarship	49906
constitutes the eligible applicant's informed consent to the	49907
provisions of sections 3310.51 to 3310.64 of the Revised Code.	49908

Sec. 3310.54. A qualified special education child in any of	49909
grades kindergarten through twelve for whom a scholarship is	49910
awarded under the Jon Peterson special needs scholarship program	49911
shall be counted in the formula ADM and category one through six	49912
special education ADM, as appropriate, of the school district in	49913
which the child is entitled to attend school. A qualified special	49914
education child shall not be counted in the formula ADM or	49915
category one through six special education ADM of any other school	49916
district.	49917

Sec. 3310.55. The department of education shall deduct from	49918
a school district's state education aid, as defined in section	49919
3317.02 of the Revised Code, and if necessary, from its payment	49920
under sections 321.24 and 323.156 of the Revised Code, the	49921
aggregate amount of scholarships paid under section 3310.57 of the	49922
Revised Code for qualified special education children included in	49923
the formula ADM and the category one through six special education	49924
ADM of that school district.	49925

Sec. 3310.56. (A) The amount of the scholarship awarded and	49926
paid to an eligible applicant for services for a qualified special	49927
education child under the Jon Peterson special needs scholarship	49928
program in each school year shall be the least of the amounts	49929
prescribed in divisions (A)(1), (2), or (3) of this section, as	49930
follows:	49931

(1) The amount of fees charged for that school year by the	49932
alternative public provider or registered private provider;	49933

(2) The sum of the amounts calculated under divisions	49934
(A)(2)(a) and (b) of this section:	49935

(a) The sum of the formula amount plus the per pupil amount	49936
of the base funding supplements specified in divisions (C)(1) to	49937
(4) of section 3317.012 of the Revised Code for fiscal year 2009;	49938

(b) An amount equal to $5,732 times the following multiple	49939
prescribed for the child's disability:	49940

(i) For a student in category one, 0.2892;

49941

(ii) For a student in category two, 0.3691;

49942

(iii) For a student in category three, 1.7695;

49943

(iv) For a student in category four, 2.3646;

49944

(v) For a student in category five, 3.1129;

49945

(vi) For a student in category six, 4.7342.

49946

Before applying the multiples specified in divisions	49947
(A)(2)(b)(i) to (vi) of this section, they first shall be adjusted	49948
by multiplying them by 0.90.	49949

(3) Twenty thousand dollars.

49950

(B) As used in division (A)(2)(b) of this section, a child	49951
with a disability is in:	49952

(1) "Category one" if the child's primary or only identified	49953
disability is a speech and language disability, as this term is	49954
defined pursuant to Chapter 3323. of the Revised Code;	49955

(2) "Category two" if the child is identified as specific	49956
learning disabled or developmentally disabled, as these terms are	49957
defined pursuant to Chapter 3323. of the Revised Code, or as	49958
having an other health impairment-minor, as defined in section	49959
3317.02 of the Revised Code;	49960

(3) "Category three" if the child is identified as vision	49961
impaired, hearing disabled, or severe behavior disabled, as these	49962
terms are defined pursuant to Chapter 3323. of the Revised Code;	49963

(4) "Category four" if the child is identified as	49964
orthopedically disabled, as this term is defined pursuant to	49965
Chapter 3323. of the Revised Code, or as having an other health	49966
impairment-major, as defined in section 3317.02 of the Revised	49967
Code;	49968

(5) "Category five" if the child is identified as having	49969
multiple disabilities, as this term is defined pursuant to Chapter	49970
3323. of the Revised Code;	49971

(6) "Category six" if the child is identified as autistic,	49972
having traumatic brain injuries, or both visually and hearing	49973
impaired, as these terms are defined pursuant to Chapter 3323. of	49974
the Revised Code.	49975

Sec. 3310.57. The department of education shall make	49976
periodic payments to an eligible applicant for services for each	49977
qualified special education child for whom a scholarship has been	49978
awarded. The total of all payments made to an applicant in each	49979
school year shall not exceed the amount calculated for the child	49980
under section 3310.56 of the Revised Code.	49981

The department shall proportionately reduce the scholarship	49982
amount in the case of a child who is not enrolled in the special	49983
education program of an alternative public provider or a	49984
registered private provider for the entire school year.	49985

In accordance with division (A) of section 3310.62 of the	49986
Revised Code, the department shall make no payments to an	49987
applicant for a first-time scholarship for a qualified special	49988
education child while any administrative or judicial mediation or	49989
proceedings with respect to the content of the child's	49990
individualized education program are pending.	49991

Sec. 3310.58. No nonpublic school or entity shall receive	49992
payments from an eligible applicant for services for a qualified	49993
special education child under the Jon Peterson special needs	49994
scholarship program until the school or entity registers with the	49995
superintendent of public instruction. The superintendent shall	49996
register and designate as a registered private provider any	49997
nonpublic school or entity that meets the following requirements:	49998

(A) The school or entity complies with the antidiscrimination	49999
provisions of 42 U.S.C. 2000d, regardless of whether the school or	50000
entity receives federal financial assistance.	50001

(B) If the school or entity is not chartered by the state	50002
board under section 3301.16 of the Revised Code, the school or	50003
entity agrees to comply with sections 3319.39, 3319.391, and	50004
3319.392 of the Revised Code as if it were a school district.	50005

(C) The teaching and nonteaching professionals employed by	50006
the school or entity, or employed by any subcontractors of the	50007
school or entity, hold credentials determined by the state board	50008
to be appropriate for the qualified special education children	50009
enrolled in the special education program it operates.	50010

(D) The school's or entity's educational program shall be	50011
approved by the department of education.	50012

(E) The school or entity meets applicable health and safety	50013
standards established by law.	50014

(F) The school or entity agrees to retain on file	50015
documentation as required by the department of education.	50016

(G) The school or entity agrees to provide a record of the	50017
implementation of the individualized education program for each	50018
qualified special education child enrolled in the school's or	50019
entity's special education program, including evaluation of the	50020
child's progress, to the school district in which the child is	50021
entitled to attend school, in the form and manner prescribed by	50022
the department.	50023

(H) The school or entity agrees that, if it declines to	50024
enroll a particular qualified special education child, it will	50025
notify in writing the eligible applicant of its reasons for	50026
declining to enroll the child.	50027

Sec. 3310.59. The superintendent of public instruction shall	50028
revoke the registration of any school or entity if, after a	50029
hearing, the superintendent determines that the school or entity	50030
is in violation of any provision of section 3310.522 or 3310.58 of	50031
the Revised Code.	50032

Sec. 3310.60. A qualified special education child attending	50033
a special education program at an alternative public provider or a	50034
registered private provider with a scholarship shall be entitled	50035
to transportation to and from that program in the manner	50036
prescribed by law.	50037

Sec. 3310.61. An eligible applicant on behalf of a child who	50038
currently attends a public special education program under a	50039
contract, compact, or other bilateral agreement, or on behalf of a	50040
child who currently attends a community school, shall not be	50041
prohibited from applying for and accepting a scholarship so that	50042
the applicant may withdraw the child from that program or	50043
community school and use the scholarship for the child to attend a	50044
special education program operated by an alternative public	50045
provider or a registered private provider.	50046

Sec. 3310.62. (A) A scholarship under the Jon Peterson	50047
special needs scholarship program shall not be awarded for the	50048
first time to an eligible applicant on behalf of a qualified	50049
special education child while the child's individualized education	50050
program is being developed by the school district in which the	50051
child is entitled to attend school, or by the child's school	50052
district of residence if different, or while any administrative or	50053
judicial mediation or proceedings with respect to the content of	50054
that individualized education program are pending.	50055

(B) Development of individualized education programs	50056
subsequent to the one developed for the child the first time a	50057
scholarship was awarded on behalf of the child and the	50058
prosecuting, by the eligible applicant on behalf of the child, of	50059
administrative or judicial mediation or proceedings with respect	50060
to any of those subsequent individualized education programs do	50061
not affect the applicant's and the child's continued eligibility	50062
for scholarship payments.	50063

(C) In the case of any child for whom a scholarship has been	50064
awarded, if the school district in which the child is entitled to	50065
attend school has agreed to provide some services for the child	50066
under an agreement entered into with the eligible applicant or	50067
with the alternative public provider or registered private	50068
provider implementing the child's individualized education	50069
program, or if the district is required by law to provide some	50070
services for the child, including transportation services under	50071
sections 3310.60 and 3327.01 of the Revised Code, the district	50072
shall not discontinue the services it is providing pending	50073
completion of any administrative proceedings regarding those	50074
services. The prosecuting, by the eligible applicant on behalf of	50075
the child, of administrative proceedings regarding the services	50076
provided by the district does not affect the applicant's and the	50077
child's continued eligibility for scholarship payments.	50078

(D) The department of education shall continue to make	50079
payments to the eligible applicant under section 3310.57 of the	50080
Revised Code while either of the following are pending:	50081

(1) Administrative or judicial mediation or proceedings with	50082
respect to a subsequent individualized education program for the	50083
child referred to in division (B) of this section;	50084

(2) Administrative proceedings regarding services provided by	50085
the district under division (C) of this section.	50086

Sec. 3310.63. (A) Only for the purpose of administering the	50087
Jon Peterson special needs scholarship program, the department of	50088
education may request from any of the following entities the data	50089
verification code assigned under division (D)(2) of section	50090
3301.0714 of the Revised Code to any qualified special education	50091
child for whom a scholarship is sought under the program:	50092

(1) The school district in which the child is entitled to	50093
attend school;	50094

(2) If applicable, the community school in which the child is	50095
enrolled;	50096

(3) The independent contractor engaged to create and maintain	50097
data verification codes.	50098

(B) Upon a request by the department under division (A) of	50099
this section for the data verification code of a qualified special	50100
education child or a request by the eligible applicant for the	50101
child for that code, the school district or community school shall	50102
submit that code to the department or applicant in the manner	50103
specified by the department. If the child has not been assigned a	50104
code, because the child will be entering kindergarten during the	50105
school year for which the scholarship is sought, the district	50106
shall assign a code to that child and submit the code to the	50107
department or applicant by a date specified by the department. If	50108
the district does not assign a code to the child by the specified	50109
date, the department shall assign a code to the child.	50110

The department annually shall submit to each school district	50111
the name and data verification code of each child residing in the	50112
district who is entering kindergarten, who has been awarded a	50113
scholarship under the program, and for whom the department has	50114
assigned a code under this division.	50115

(C) The department shall not release any data verification	50116
code that it receives under this section to any person except as	50117
provided by law.	50118

(D) Any document relative to the Jon Peterson special needs	50119
scholarship program that the department holds in its files that	50120
contains both a qualified special education child's name or other	50121
personally identifiable information and the child's data	50122
verification code shall not be a public record under section	50123
149.43 of the Revised Code.	50124

Sec. 3310.64. The state board of education shall adopt rules	50125
in accordance with Chapter 119. of the Revised Code prescribing	50126
procedures necessary to implement sections 3310.51 to 3310.63 of	50127
the Revised Code including, but not limited to, procedures for	50128
parents to apply for scholarships, standards for registered	50129
private providers, and procedures for registration of private	50130
providers.	50131

Sec. 3311.05. (A) The territory within the territorial	50132
limits of a county, or the territory included in a district formed	50133
under ~~either~~ section 3311.053 ~~or 3311.059~~ of the Revised Code,	50134
exclusive of the territory embraced in any city school district or	50135
exempted village school district, and excluding the territory	50136
detached therefrom for school purposes and including the territory	50137
attached thereto for school purposes constitutes an educational	50138
service center.	50139

(B) A county school financing district created under section	50140
3311.50 of the Revised Code is not the school district described	50141
in division (A) of this section or any other school district but	50142
is a taxing district.	50143

Sec. 3311.054. (A) The initial members of any new governing	50144
board of an educational service center established in accordance	50145
with this section shall be all of the members of the governing	50146
boards of the former educational service centers whose territory	50147
comprises the new educational service center. The initial members	50148
of any such governing board shall serve until the first Monday of	50149
January immediately following the first election of governing	50150
board members conducted under division (C) of this section.	50151

Notwithstanding section 3313.11 of the Revised Code, that	50152
section shall not apply to the filling of any vacancy among the	50153
initial members of any governing board established in accordance	50154
with this section. Any such vacancy shall be filled for the	50155
remainder of the term by a majority vote of all the remaining	50156
members of the governing board.	50157

(B) Prior to the next first day of April in an odd-numbered	50158
year that occurs at least ninety days after the date on which any	50159
new governing board of an educational service center is initially	50160
established in accordance with this section, the governing board	50161
or, at the governing board's option, an executive committee of the	50162
governing board appointed by the governing board shall do both of	50163
the following:	50164

(1) Designate the number of elected members comprising all	50165
subsequent governing boards of the educational service center,	50166
which number shall be an odd number not to exceed nine.	50167

(2) Divide the educational service center into a number of	50168
subdistricts equal to the number of governing board members	50169
designated under division (B)(1) of this section and number the	50170
subdistricts. Each subdistrict shall be as nearly equal in	50171
population as possible and shall be composed of adjacent and	50172
compact territory. To the extent possible, each subdistrict shall	50173
be composed only of territory located in one county. In addition,	50174
the subdistricts shall be bounded as far as possible by	50175
corporation lines, streets, alleys, avenues, public grounds,	50176
canals, watercourses, ward boundaries, voting precinct boundaries,	50177
or school district boundaries.	50178

If the new governing board fails to divide the territory of	50179
the educational service center in accordance with this division,	50180
the superintendent of public instruction shall establish the	50181
subdistricts within thirty days.	50182

(C) At the next regular municipal election following the	50183
deadline for creation of the subdistricts of an educational	50184
service center under division (B) of this section, an entire new	50185
governing board shall be elected. All members of such governing	50186
board shall be elected from those subdistricts.	50187

(D) Within ninety days after the official announcement of the	50188
results of each successive federal decennial census, each	50189
governing board of an educational service center established in	50190
accordance with this section shall redistrict the educational	50191
service center's territory into a number of subdistricts equal to	50192
the number of board members designated under division (B)(1) of	50193
this section and number the subdistricts. Each such redistricting	50194
shall be done in accordance with the standards for subdistricts in	50195
division (B)(2) of this section. At the next regular municipal	50196
election following the announcement of the results of each such	50197
successive census, all elected governing board members shall again	50198
be elected from the subdistricts most recently created under this	50199
division.	50200

If a governing board fails to redistrict the territory of its	50201
educational service center in accordance with this division, the	50202
superintendent of public instruction shall redistrict the service	50203
center within thirty days.	50204

(E) All members elected pursuant to this section shall take	50205
office on the first Monday of January immediately following the	50206
election. Whenever all elected governing board members are elected	50207
at one election under division (C) or (D) of this section, the	50208
terms of each of the members elected from even-numbered	50209
subdistricts shall be for two years and the terms of each of the	50210
members elected from odd-numbered subdistricts shall be for four	50211
years. Thereafter, successors shall be elected for four-year terms	50212
in the same manner as is provided by law for the election of	50213
members of school boards except that any successor elected at a	50214
regular municipal election immediately preceding any election at	50215
which an entire new governing board is elected shall be elected	50216
for a two-year term.	50217

Sec. 3311.056. After at least one election of board members	50218
has occurred under division (B) of section 3313.053, division (C)	50219
of section 3311.054, or section 3311.057 of the Revised Code, the	50220
elected governing board members of an educational service center	50221
created under division (A) of section 3311.053 of the Revised Code	50222
may by resolution adopt a plan for adding appointed members to	50223
that governing board. A plan may provide for adding to the board a	50224
number of appointed members that is up to one less than the number	50225
of elected members on the board except that the total number of	50226
elected and appointed board members shall be an odd number. A plan	50227
shall provide for the terms of the appointed board members. The	50228
appointed board members in each plan shall be appointed by a	50229
majority vote of the full number of elected members on the board	50230
and vacancies shall be filled as provided in the plan. Each plan	50231
shall specify the qualifications for the appointed board members	50232
of an educational service center ~~and shall at least require~~	50233
~~appointed board members to be electors residing in the service~~	50234
~~center~~. Appointed members may be representative of the client	50235
school districts of the service center. As used in this section,	50236
"client school district" has the same meaning as in section	50237
3317.11 of the Revised Code.	50238

A governing board adopting a plan under this section shall	50239
submit the plan to the state board of education for approval. The	50240
state board may approve or disapprove a plan or make	50241
recommendations for modifications in a plan. A plan shall take	50242
effect thirty days after approval by the state board and, when	50243
effective, appointments to the board shall be made in accordance	50244
with the plan.	50245

The elected members of the governing board of an educational	50246
service center with a plan in effect under this section may adopt,	50247
by unanimous vote of all the elected members, a resolution to	50248
revise or rescind the plan in effect under this section. All	50249
revisions shall comply with the requirements in this section for	50250
appointed board members. A resolution revising or rescinding a	50251
plan shall specify the dates and manner in which the revision or	50252
rescission is to take place. The revision or rescission of a plan	50253
shall be submitted to the state board of education for approval.	50254
The state board may approve or disapprove a revision or rescission	50255
of a plan or make recommendations for modifications. Upon approval	50256
of a revision or rescission by the state board, the revised plan	50257
or rescission of the plan shall go into effect as provided in the	50258
revision or rescission.	50259

Sec. 3311.0510. (A) If all of the local school districts	50260
that make up the territory of an educational service center have	50261
severed from the territory of that service center, upon the	50262
effective date of the severance of the last remaining local school	50263
district to make up the territory of the service center, the	50264
governing board of that service center shall be abolished and such	50265
service center shall be dissolved by order of the superintendent	50266
of public instruction. The superintendent's order shall provide	50267
for the equitable division and disposition of the assets,	50268
property, debts, and obligations of the service center among the	50269
local school districts, of which the territory of the service	50270
center is or previously was made up, and the city and exempted	50271
village school districts with which the service center had	50272
agreements under section 3313.843 of the Revised Code for the	50273
service center's last fiscal year of operation. The	50274
superintendent's order shall provide that the tax duplicate of	50275
each of those school districts shall be bound for and assume the	50276
district's equitable share of the outstanding indebtedness of the	50277
service center. The superintendent's order is final and is not	50278
appealable.	50279

Immediately upon the abolishment of the service center	50280
governing board pursuant to this section, the superintendent of	50281
public instruction shall appoint a qualified individual to	50282
administer the dissolution of the service center and to implement	50283
the terms of the superintendent's dissolution order.	50284

Prior to distributing assets to any school district under	50285
this section, but after paying in full other debts and obligations	50286
of the service center under this section, the superintendent of	50287
public instruction may assess against the remaining assets of the	50288
service center the amount of the costs incurred by the department	50289
of education in performing the superintendent's duties under this	50290
division, including the fees, if any, owed to the individual	50291
appointed to administer the superintendent's dissolution order.	50292
Any excess cost incurred by the department under this division	50293
shall be divided equitably among the local school districts, of	50294
which the territory of the service center is or previously was	50295
made up, and the city and exempted village school districts with	50296
which the service center had agreements under section 3313.843 of	50297
the Revised Code for the service center's last fiscal year of	50298
operation. Each district's share of that excess cost shall be	50299
bound against the tax duplicate of that district.	50300

(B) A final audit of the former service center shall be	50301
performed in accordance with procedures established by the auditor	50302
of state.	50303

(C) The public records of an educational service center that	50304
is dissolved under this section shall be transferred in accordance	50305
with this division. Public records maintained by the service	50306
center in connection with services provided by the service center	50307
to local school districts shall be transferred to each of the	50308
respective local school districts. Public records maintained by	50309
the service center in connection with services provided under an	50310
agreement with a city or exempted village school district pursuant	50311
to section 3313.843 of the Revised Code shall be transferred to	50312
each of the respective city or exempted village school districts.	50313
All other public records maintained by the service center at the	50314
time the service center ceases operations shall be transferred to	50315
the Ohio historical society for analysis and disposition by the	50316
society in its capacity as archives administrator for the state	50317
and its political subdivisions pursuant to division (C) of section	50318
149.30 and section 149.31 of the Revised Code.	50319

Sec. 3311.06. (A) As used in this section:

50320

(1) "Annexation" and "annexed" mean annexation for municipal	50321
purposes under sections 709.02 to 709.37 of the Revised Code.	50322

(2) "Annexed territory" means territory that has been annexed	50323
for municipal purposes to a city served by an urban school	50324
district, but on September 24, 1986, has not been transferred to	50325
the urban school district.	50326

(3) "Urban school district" means a city school district with	50327
an average daily membership for the 1985-1986 school year in	50328
excess of twenty thousand that is the school district of a city	50329
that contains annexed territory.	50330

(4) "Annexation agreement" means an agreement entered into	50331
under division (F) of this section that has been approved by the	50332
state board of education or an agreement entered into prior to	50333
September 24, 1986, that meets the requirements of division (F) of	50334
this section and has been filed with the state board.	50335

(B) The territory included within the boundaries of a city,	50336
local, exempted village, or joint vocational school district shall	50337
be contiguous except where a natural island forms an integral part	50338
of the district, where the state board of education authorizes a	50339
noncontiguous school district, as provided in division (E)(1) of	50340
this section, or where a local school district is created pursuant	50341
to section 3311.26 of the Revised Code from one or more local	50342
school districts, one of which has entered into an agreement under	50343
section 3313.42 of the Revised Code.	50344

(C)(1) When all of the territory of a school district is	50345
annexed to a city or village, such territory thereby becomes a	50346
part of the city school district or the school district of which	50347
the village is a part, and the legal title to school property in	50348
such territory for school purposes shall be vested in the board of	50349
education of the city school district or the school district of	50350
which the village is a part.	50351

(2) When the territory so annexed to a city or village	50352
comprises part but not all of the territory of a school district,	50353
the said territory becomes part of the city school district or the	50354
school district of which the village is a part only upon approval	50355
by the state board of education, unless the district in which the	50356
territory is located is a party to an annexation agreement with	50357
the city school district.	50358

Any urban school district that has not entered into an	50359
annexation agreement with any other school district whose	50360
territory would be affected by any transfer under this division	50361
and that desires to negotiate the terms of transfer with any such	50362
district shall conduct any negotiations under division (F) of this	50363
section as part of entering into an annexation agreement with such	50364
a district.	50365

Any school district, except an urban school district,	50366
desiring state board approval of a transfer under this division	50367
shall make a good faith effort to negotiate the terms of transfer	50368
with any other school district whose territory would be affected	50369
by the transfer. Before the state board may approve any transfer	50370
of territory to a school district, except an urban school	50371
district, under this section, it must receive the following:	50372

(a) A resolution requesting approval of the transfer, passed	50373
by at least one of the school districts whose territory would be	50374
affected by the transfer;	50375

(b) Evidence determined to be sufficient by the state board	50376
to show that good faith negotiations have taken place or that the	50377
district requesting the transfer has made a good faith effort to	50378
hold such negotiations;	50379

(c) If any negotiations took place, a statement signed by all	50380
boards that participated in the negotiations, listing the terms	50381
agreed on and the points on which no agreement could be reached.	50382

(D) The state board of education shall adopt rules governing	50383
negotiations held by any school district except an urban school	50384
district pursuant to division (C)(2) of this section. The rules	50385
shall encourage the realization of the following goals:	50386

(1) A discussion by the negotiating districts of the present	50387
and future educational needs of the pupils in each district;	50388

(2) The educational, financial, and territorial stability of	50389
each district affected by the transfer;	50390

(3) The assurance of appropriate educational programs,	50391
services, and opportunities for all the pupils in each	50392
participating district, and adequate planning for the facilities	50393
needed to provide these programs, services, and opportunities.	50394

Districts involved in negotiations under such rules may agree	50395
to share revenues from the property included in the territory to	50396
be transferred, establish cooperative programs between the	50397
participating districts, and establish mechanisms for the	50398
settlement of any future boundary disputes.	50399

(E)(1) If territory annexed after September 24, 1986, is part	50400
of a school district that is a party to an annexation agreement	50401
with the urban school district serving the annexing city, the	50402
transfer of such territory shall be governed by the agreement. If	50403
the agreement does not specify how the territory is to be dealt	50404
with, the boards of education of the district in which the	50405
territory is located and the urban school district shall negotiate	50406
with regard to the transfer of the territory which shall be	50407
transferred to the urban school district unless, not later than	50408
ninety days after the effective date of municipal annexation, the	50409
boards of education of both districts, by resolution adopted by a	50410
majority of the members of each board, agree that the territory	50411
will not be transferred and so inform the state board of	50412
education.	50413

If territory is transferred under this division the transfer	50414
shall take effect on the first day of July occurring not sooner	50415
than ninety-one days after the effective date of the municipal	50416
annexation. Territory transferred under this division need not be	50417
contiguous to the district to which it is transferred.	50418

(2) Territory annexed prior to September 24, 1986, by a city	50419
served by an urban school district shall not be subject to	50420
transfer under this section if the district in which the territory	50421
is located is a party to an annexation agreement or becomes a	50422
party to such an agreement not later than ninety days after	50423
September 24, 1986. If the district does not become a party to an	50424
annexation agreement within the ninety-day period, transfer of	50425
territory shall be governed by division (C)(2) of this section. If	50426
the district subsequently becomes a party to an agreement,	50427
territory annexed prior to September 24, 1986, other than	50428
territory annexed under division (C)(2) of this section prior to	50429
the effective date of the agreement, shall not be subject to	50430
transfer under this section.	50431

(F) An urban school district may enter into a comprehensive	50432
agreement with one or more school districts under which transfers	50433
of territory annexed by the city served by the urban school	50434
district after September 24, 1986, shall be governed by the	50435
agreement. Such agreement must provide for the establishment of a	50436
cooperative education program under section 3313.842 of the	50437
Revised Code in which all the parties to the agreement are	50438
participants and must be approved by resolution of the majority of	50439
the members of each of the boards of education of the school	50440
districts that are parties to it. An agreement may provide for	50441
interdistrict payments based on local revenue growth resulting	50442
from development in any territory annexed by the city served by	50443
the urban school district.	50444

An agreement entered into under this division may be altered,	50445
modified, or terminated only by agreement, by resolution approved	50446
by the majority of the members of each board of education, of all	50447
school districts that are parties to the agreement, except that	50448
with regard to any provision that affects only the urban school	50449
district and one of the other districts that is a party, that	50450
district and the urban district may modify or alter the agreement	50451
by resolution approved by the majority of the members of the board	50452
of that district and the urban district. Alterations,	50453
modifications, terminations, and extensions of an agreement	50454
entered into under this division do not require approval of the	50455
state board of education, but shall be filed with the board after	50456
approval and execution by the parties.	50457

If an agreement provides for interdistrict payments, each	50458
party to the agreement, except any school district specifically	50459
exempted by the agreement, shall agree to make an annual payment	50460
to the urban school district with respect to any of its territory	50461
that is annexed territory in an amount not to exceed the amount	50462
certified for that year under former section 3317.029 of the	50463
Revised Code as that section existed prior to July 1, 1998; except	50464
that such limitation of annual payments to amounts certified under	50465
former section 3317.029 of the Revised Code does not apply to	50466
agreements or extensions of agreements entered into on or after	50467
June 1, 1992, unless such limitation is expressly agreed to by the	50468
parties. The agreement may provide that all or any part of the	50469
payment shall be waived if the urban school district receives its	50470
payment with respect to such annexed territory under former	50471
section 3317.029 of the Revised Code and that all or any part of	50472
such payment may be waived if the urban school district does not	50473
receive its payment with respect to such annexed territory under	50474
such section.	50475

With respect to territory that is transferred to the urban	50476
school district after September 24, 1986, the agreement may	50477
provide for annual payments by the urban school district to the	50478
school district whose territory is transferred to the urban school	50479
district subsequent to annexation by the city served by the urban	50480
school district.	50481

(G) In the event territory is transferred from one school	50482
district to another under this section, an equitable division of	50483
the funds and indebtedness between the districts involved shall be	50484
made under the supervision of the state board of education and	50485
that board's decision shall be final. Such division shall not	50486
include funds payable to or received by a school district under	50487
Chapter ~~3306. or~~ 3317. of the Revised Code or payable to or	50488
received by a school district from the United States or any	50489
department or agency thereof. In the event such transferred	50490
territory includes real property owned by a school district, the	50491
state board of education, as part of such division of funds and	50492
indebtedness, shall determine the true value in money of such real	50493
property and all buildings or other improvements thereon. The	50494
board of education of the school district receiving such territory	50495
shall forthwith pay to the board of education of the school	50496
district losing such territory such true value in money of such	50497
real property, buildings, and improvements less such percentage of	50498
the true value in money of each school building located on such	50499
real property as is represented by the ratio of the total	50500
enrollment in day classes of the pupils residing in the territory	50501
transferred enrolled at such school building in the school year in	50502
which such annexation proceedings were commenced to the total	50503
enrollment in day classes of all pupils residing in the school	50504
district losing such territory enrolled at such school building in	50505
such school year. The school district receiving such payment shall	50506
place the proceeds thereof in its sinking fund or bond retirement	50507
fund.	50508

(H) The state board of education, before approving such	50509
transfer of territory, shall determine that such payment has been	50510
made and shall apportion to the acquiring school district such	50511
percentage of the indebtedness of the school district losing the	50512
territory as is represented by the ratio that the assessed	50513
valuation of the territory transferred bears to the total assessed	50514
valuation of the entire school district losing the territory as of	50515
the effective date of the transfer, provided that in ascertaining	50516
the indebtedness of the school district losing the territory the	50517
state board of education shall disregard such percentage of the	50518
par value of the outstanding and unpaid bonds and notes of said	50519
school district issued for construction or improvement of the	50520
school building or buildings for which payment was made by the	50521
acquiring district as is equal to the percentage by which the true	50522
value in money of such building or buildings was reduced in fixing	50523
the amount of said payment.	50524

(I) No transfer of school district territory or division of	50525
funds and indebtedness incident thereto, pursuant to the	50526
annexation of territory to a city or village shall be completed in	50527
any other manner than that prescribed by this section regardless	50528
of the date of the commencement of such annexation proceedings,	50529
and this section applies to all proceedings for such transfers and	50530
divisions of funds and indebtedness pending or commenced on or	50531
after October 2, 1959.	50532

Sec. 3311.19. (A) The management and control of a joint	50533
vocational school district shall be vested in the joint vocational	50534
school district board of education. Where a joint vocational	50535
school district is composed only of two or more local school	50536
districts located in one county, or when all the participating	50537
districts are in one county and the boards of such participating	50538
districts so choose, the educational service center governing	50539
board of the county in which the joint vocational school district	50540
is located shall serve as the joint vocational school district	50541
board of education. Where a joint vocational school district is	50542
composed of local school districts of more than one county, or of	50543
any combination of city, local, or exempted village school	50544
districts or educational service centers, unless administration by	50545
the educational service center governing board has been chosen by	50546
all the participating districts in one county pursuant to this	50547
section, the board of education of the joint vocational school	50548
district shall be composed of one or more persons who are members	50549
of the boards of education from each of the city or exempted	50550
village school districts or members of the educational service	50551
centers' governing boards affected to be appointed by the boards	50552
of education or governing boards of such school districts and	50553
educational service centers. In such joint vocational school	50554
districts the number and terms of members of the joint vocational	50555
school district board of education and the allocation of a given	50556
number of members to each of the city and exempted village	50557
districts and educational service centers shall be determined in	50558
the plan for such district, provided that each such joint	50559
vocational school district board of education shall be composed of	50560
an odd number of members.	50561

(B) Notwithstanding division (A) of this section, a governing	50562
board of an educational service center that has members of its	50563
governing board serving on a joint vocational school district	50564
board of education may make a request to the joint vocational	50565
district board that the joint vocational school district plan be	50566
revised to provide for one or more members of boards of education	50567
of local school districts that are within the territory of the	50568
educational service district and within the joint vocational	50569
school district to serve in the place of or in addition to its	50570
educational service center governing board members. If agreement	50571
is obtained among a majority of the boards of education and	50572
governing boards that have a member serving on the joint	50573
vocational school district board of education and among a majority	50574
of the local school district boards of education included in the	50575
district and located within the territory of the educational	50576
service center whose board requests the substitution or addition,	50577
the state board of education may revise the joint vocational	50578
school district plan to conform with such agreement.	50579

(C) If the board of education of any school district or	50580
educational service center governing board included within a joint	50581
vocational district that has had its board or governing board	50582
membership revised under division (B) of this section requests the	50583
joint vocational school district board to submit to the state	50584
board of education a revised plan under which one or more joint	50585
vocational board members chosen in accordance with a plan revised	50586
under such division would again be chosen in the manner prescribed	50587
by division (A) of this section, the joint vocational board shall	50588
submit the revised plan to the state board of education, provided	50589
the plan is agreed to by a majority of the boards of education	50590
represented on the joint vocational board, a majority of the local	50591
school district boards included within the joint vocational	50592
district, and each educational service center governing board	50593
affected by such plan. The state board of education may revise the	50594
joint vocational school district plan to conform with the revised	50595
plan.	50596

(D) The vocational schools in such joint vocational school	50597
district shall be available to all youth of school age within the	50598
joint vocational school district subject to the rules adopted by	50599
the joint vocational school district board of education in regard	50600
to the standards requisite to admission. A joint vocational school	50601
district board of education shall have the same powers, duties,	50602
and authority for the management and operation of such joint	50603
vocational school district as is granted by law, except by this	50604
chapter and Chapters 124., ~~3306.,~~ 3317., 3323., and 3331. of the	50605
Revised Code, to a board of education of a city school district,	50606
and shall be subject to all the provisions of law that apply to a	50607
city school district, except such provisions in this chapter and	50608
Chapters 124., ~~3306.,~~ 3317., 3323., and 3331. of the Revised Code.	50609

(E) Where a governing board of an educational service center	50610
has been designated to serve as the joint vocational school	50611
district board of education, the educational service center	50612
superintendent shall be the executive officer for the joint	50613
vocational school district, and the governing board may provide	50614
for additional compensation to be paid to the educational service	50615
center superintendent by the joint vocational school district, but	50616
the educational service center superintendent shall have no	50617
continuing tenure other than that of educational service center	50618
superintendent. The superintendent of schools of a joint	50619
vocational school district shall exercise the duties and authority	50620
vested by law in a superintendent of schools pertaining to the	50621
operation of a school district and the employment and supervision	50622
of its personnel. The joint vocational school district board of	50623
education shall appoint a treasurer of the joint vocational school	50624
district who shall be the fiscal officer for such district and who	50625
shall have all the powers, duties, and authority vested by law in	50626
a treasurer of a board of education. Where a governing board of an	50627
educational service center has been designated to serve as the	50628
joint vocational school district board of education, such board	50629
may appoint the educational service center superintendent as the	50630
treasurer of the joint vocational school district.	50631

(F) Each member of a joint vocational school district board	50632
of education may be paid such compensation as the board provides	50633
by resolution, but it shall not exceed one hundred twenty-five	50634
dollars per member for each meeting attended plus mileage, at the	50635
rate per mile provided by resolution of the board, to and from	50636
meetings of the board.	50637

The board may provide by resolution for the deduction of	50638
amounts payable for benefits under section 3313.202 of the Revised	50639
Code.	50640

Each member of a joint vocational school district board may	50641
be paid such compensation as the board provides by resolution for	50642
attendance at an approved training program, provided that such	50643
compensation shall not exceed sixty dollars per day for attendance	50644
at a training program three hours or fewer in length and one	50645
hundred twenty-five dollars a day for attendance at a training	50646
program longer than three hours in length. However, no board	50647
member shall be compensated for the same training program under	50648
this section and section 3313.12 of the Revised Code.	50649

Sec. 3311.21. (A) In addition to the resolutions authorized	50650
by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213 of	50651
the Revised Code, the board of education of a joint vocational or	50652
cooperative education school district by a vote of two-thirds of	50653
its full membership may at any time adopt a resolution declaring	50654
the necessity to levy a tax in excess of the ten-mill limitation	50655
for a period not to exceed ten years to provide funds for any one	50656
or more of the following purposes, which may be stated in the	50657
following manner in such resolution, the ballot, and the notice of	50658
election: purchasing a site or enlargement thereof and for the	50659
erection and equipment of buildings; for the purpose of enlarging,	50660
improving, or rebuilding thereof; for the purpose of providing for	50661
the current expenses of the joint vocational or cooperative school	50662
district; or for a continuing period for the purpose of providing	50663
for the current expenses of the joint vocational or cooperative	50664
education school district. The resolution shall specify the amount	50665
of the proposed rate and, if a renewal, whether the levy is to	50666
renew all, or a portion of, the existing levy, and shall specify	50667
the first year in which the levy will be imposed. If the levy	50668
provides for but is not limited to current expenses, the	50669
resolution shall apportion the annual rate of the levy between	50670
current expenses and the other purpose or purposes. Such	50671
apportionment may but need not be the same for each year of the	50672
levy, but the respective portions of the rate actually levied each	50673
year for current expenses and the other purpose or purposes shall	50674
be limited by such apportionment. The portion of any such rate	50675
actually levied for current expenses of a joint vocational or	50676
cooperative education school district shall be used in applying	50677
~~division (A)(1) of section 3306.01 and~~ division (A) of section	50678
3317.01 of the Revised Code. The portion of any such rate not	50679
apportioned to the current expenses of a joint vocational or	50680
cooperative education school district shall be used in applying	50681
division (B) of this section. On the adoption of such resolution,	50682
the joint vocational or cooperative education school district	50683
board of education shall certify the resolution to the board of	50684
elections of the county containing the most populous portion of	50685
the district, which board shall receive resolutions for filing and	50686
send them to the boards of elections of each county in which	50687
territory of the district is located, furnish all ballots for the	50688
election as provided in section 3505.071 of the Revised Code, and	50689
prepare the election notice; and the board of elections of each	50690
county in which the territory of such district is located shall	50691
make the other necessary arrangements for the submission of the	50692
question to the electors of the joint vocational or cooperative	50693
education school district at the next primary or general election	50694
occurring not less than ninety days after the resolution was	50695
received from the joint vocational or cooperative education school	50696
district board of education, or at a special election to be held	50697
at a time designated by the district board of education consistent	50698
with the requirements of section 3501.01 of the Revised Code,	50699
which date shall not be earlier than ninety days after the	50700
adoption and certification of the resolution.	50701

The board of elections of the county or counties in which	50702
territory of the joint vocational or cooperative education school	50703
district is located shall cause to be published in ~~one or more~~	50704
~~newspapers~~a newspaper of general circulation in that district an	50705
advertisement of the proposed tax levy question, together with a	50706
statement of the amount of the proposed levy once a week for two	50707
consecutive weeks or as provided in section 7.16 of the Revised	50708
Code, prior to the election at which the question is to appear on	50709
the ballot~~, and, if~~. If the board of elections operates and	50710
maintains a web site, the board also shall post ~~a similar~~the	50711
advertisement on its web site for thirty days prior to that	50712
election.	50713

If a majority of the electors voting on the question of	50714
levying such tax vote in favor of the levy, the joint vocational	50715
or cooperative education school district board of education shall	50716
annually make the levy within the district at the rate specified	50717
in the resolution and ballot or at any lesser rate, and the county	50718
auditor of each affected county shall annually place the levy on	50719
the tax list and duplicate of each school district in the county	50720
having territory in the joint vocational or cooperative education	50721
school district. The taxes realized from the levy shall be	50722
collected at the same time and in the same manner as other taxes	50723
on the duplicate, and the taxes, when collected, shall be paid to	50724
the treasurer of the joint vocational or cooperative education	50725
school district and deposited to a special fund, which shall be	50726
established by the joint vocational or cooperative education	50727
school district board of education for all revenue derived from	50728
any tax levied pursuant to this section and for the proceeds of	50729
anticipation notes which shall be deposited in such fund. After	50730
the approval of the levy, the joint vocational or cooperative	50731
education school district board of education may anticipate a	50732
fraction of the proceeds of the levy and from time to time, during	50733
the life of the levy, but in any year prior to the time when the	50734
tax collection from the levy so anticipated can be made for that	50735
year, issue anticipation notes in an amount not exceeding fifty	50736
per cent of the estimated proceeds of the levy to be collected in	50737
each year up to a period of five years after the date of the	50738
issuance of the notes, less an amount equal to the proceeds of the	50739
levy obligated for each year by the issuance of anticipation	50740
notes, provided that the total amount maturing in any one year	50741
shall not exceed fifty per cent of the anticipated proceeds of the	50742
levy for that year. Each issue of notes shall be sold as provided	50743
in Chapter 133. of the Revised Code, and shall, except for such	50744
limitation that the total amount of such notes maturing in any one	50745
year shall not exceed fifty per cent of the anticipated proceeds	50746
of the levy for that year, mature serially in substantially equal	50747
installments, during each year over a period not to exceed five	50748
years after their issuance.	50749

(B) Prior to the application of section 319.301 of the	50750
Revised Code, the rate of a levy that is limited to, or to the	50751
extent that it is apportioned to, purposes other than current	50752
expenses shall be reduced in the same proportion in which the	50753
district's total valuation increases during the life of the levy	50754
because of additions to such valuation that have resulted from	50755
improvements added to the tax list and duplicate.	50756

(C) The form of ballot cast at an election under division (A)	50757
of this section shall be as prescribed by section 5705.25 of the	50758
Revised Code.	50759

Sec. 3311.213. (A) With the approval of the board of	50760
education of a joint vocational school district ~~which~~that is in	50761
existence, any school district in the county or counties	50762
comprising the joint vocational school district or any school	50763
district in a county adjacent to a county comprising part of a	50764
joint vocational school district may become a part of the joint	50765
vocational school district. On the adoption of a resolution of	50766
approval by the board of education of the joint vocational school	50767
district, it shall advertise a copy of such resolution in a	50768
newspaper of general circulation in the school district proposing	50769
to become a part of such joint vocational school district once	50770
each week for ~~at least~~ two weeks, or as provided in section 7.16	50771
of the Revised Code, immediately following the date of the	50772
adoption of such resolution. Such resolution shall not become	50773
effective until the later of the sixty-first day after its	50774
adoption or until the board of elections certifies the results of	50775
an election in favor of joining of the school district to the	50776
joint vocational school district if such an election is held under	50777
division (B) of this section.	50778

(B) During the sixty-day period following the date of the	50779
adoption of a resolution to join a school district to a joint	50780
vocational school district under division (A) of this section, the	50781
electors of the school district that proposes joining the joint	50782
vocational school district may petition for a referendum vote on	50783
the resolution. The question whether to approve or disapprove the	50784
resolution shall be submitted to the electors of such school	50785
district if a number of qualified electors equal to twenty per	50786
cent of the number of electors in the school district who voted	50787
for the office of governor at the most recent general election for	50788
that office sign a petition asking that the question of whether	50789
the resolution shall be disapproved be submitted to the electors.	50790
The petition shall be filed with the board of elections of the	50791
county in which the school district is located. If the school	50792
district is located in more than one county, the petition shall be	50793
filed with the board of elections of the county in which the	50794
majority of the territory of the school district is located. The	50795
board shall certify the validity and sufficiency of the signatures	50796
on the petition.	50797

The board of elections shall immediately notify the board of	50798
education of the joint vocational school district and the board of	50799
education of the school district that proposes joining the joint	50800
vocational school district that the petition has been filed.	50801

The effect of the resolution shall be stayed until the board	50802
of elections certifies the validity and sufficiency of the	50803
signatures on the petition. If the board of elections determines	50804
that the petition does not contain a sufficient number of valid	50805
signatures and sixty days have passed since the adoption of the	50806
resolution, the resolution shall become effective.	50807

If the board of elections certifies that the petition	50808
contains a sufficient number of valid signatures, the board shall	50809
submit the question to the qualified electors of the school	50810
district on the day of the next general or primary election held	50811
at least ninety days after but no later than six months after the	50812
board of elections certifies the validity and sufficiency of	50813
signatures on the petition. If there is no general or primary	50814
election held at least ninety days after but no later than six	50815
months after the board of elections certifies the validity and	50816
sufficiency of signatures on the petition, the board shall submit	50817
the question to the electors at a special election to be held on	50818
the next day specified for special elections in division (D) of	50819
section 3501.01 of the Revised Code that occurs at least ninety	50820
days after the board certifies the validity and sufficiency of	50821
signatures on the petition. The election shall be conducted and	50822
canvassed and the results shall be certified in the same manner as	50823
in regular elections for the election of members of a board of	50824
education.	50825

If a majority of the electors voting on the question	50826
disapprove the resolution, the resolution shall not become	50827
effective.	50828

(C) If the resolution becomes effective, the board of	50829
education of the joint vocational school district shall notify the	50830
county auditor of the county in which the school district becoming	50831
a part of the joint vocational school district is located, who	50832
shall thereupon have any outstanding levy for building purposes,	50833
bond retirement, or current expenses in force in the joint	50834
vocational school district spread over the territory of the school	50835
district becoming a part of the joint vocational school district.	50836
On the addition of a city or exempted village school district or	50837
an educational service center to the joint vocational school	50838
district, pursuant to this section, the board of education of such	50839
joint vocational school district shall submit to the state board	50840
of education a proposal to enlarge the membership of such board by	50841
the addition of one or more persons at least one of whom shall be	50842
a member of the board of education or governing board of such	50843
additional school district or educational service center, and the	50844
term of each such additional member. On the addition of a local	50845
school district to the joint vocational school district, pursuant	50846
to this section, the board of education of such joint vocational	50847
school district may submit to the state board of education a	50848
proposal to enlarge the membership of such board by the addition	50849
of one or more persons who are members of the educational service	50850
center governing board of such additional local school district.	50851
On approval by the state board of education additional members	50852
shall be added to such joint vocational school district board of	50853
education.	50854

Sec. 3311.214. (A) With the approval of the state board of	50855
education, the boards of education of any two or more joint	50856
vocational school districts may, by the adoption of identical	50857
resolutions by a majority of the members of each such board,	50858
propose that one new joint vocational school district be created	50859
by adding together all of the territory of each of the districts	50860
and dissolving such districts. A copy of each resolution shall be	50861
filed with the state board of education for its approval or	50862
disapproval. The resolutions shall include a provision that the	50863
board of education of the new district shall be composed of the	50864
members from the same boards of education that composed the	50865
membership of the board of each of the districts to be dissolved,	50866
except that, if an even number of districts are to be dissolved,	50867
one additional member shall be added, who may be from any school	50868
district included in the territory of any of the districts to be	50869
dissolved as designated in the resolutions. The members of the new	50870
board shall have the same terms of office as they had under the	50871
respective plans of the districts adopting the resolutions, except	50872
that, if the new board has an additional member, hethe additional	50873
member shall have a term as specified in the resolutions.	50874

If the state board approves the resolutions, the board of	50875
education of each district to be dissolved shall advertise a copy	50876
of the resolution in a newspaper of general circulation in its	50877
district once each week for ~~at least~~ two weeks, or as provided in	50878
section 7.16 of the Revised Code, immediately following the date	50879
the resolutions are approved by the state board. The resolutions	50880
shall become effective on the first day of July next succeeding	50881
the sixtieth day following approval by the state board unless	50882
prior to the expiration of such sixty-day period, qualified	50883
electors residing in one of the districts to be dissolved equal in	50884
number to a majority of the qualified electors of that district	50885
voting at the last general election file with the state board a	50886
petition of remonstrance against creation of the proposed new	50887
district.	50888

(B) When a resolution becomes effective under division (A) of	50889
this section, each district in which a resolution was adopted and	50890
the board of each such district are dissolved. The territory of	50891
each dissolved district becomes a part of the new joint vocational	50892
school district. The net indebtedness of each dissolved district	50893
shall be assumed in full by the new district and the funds and	50894
property of each dissolved district shall become in full the funds	50895
and property of the new district. All existing contracts of each	50896
dissolved board shall be honored by the board of the new district	50897
until their expiration dates. The board of the new district shall	50898
notify the county auditor of each county in which each dissolved	50899
district was located that a resolution has become effective and a	50900
new district has been created and shall certify to each auditor	50901
any changes that might be required in the tax rate as a result of	50902
the creation of the new district.	50903

(C) As used in this section, "net indebtedness" means the	50904
difference between the par value of the outstanding and unpaid	50905
bonds and notes of the school district and the amount held in the	50906
sinking fund and other indebtedness retirement funds for their	50907
redemption.	50908

Sec. 3311.29. (A) Except as provided under division (B) or	50909
(C) of this section, no school district shall be created and no	50910
school district shall exist which does not maintain within such	50911
district public schools consisting of grades kindergarten through	50912
twelve and any such existing school district not maintaining such	50913
schools shall be dissolved and its territory joined with another	50914
school district or districts by order of the state board of	50915
education if no agreement is made among the surrounding districts	50916
voluntarily, which order shall provide an equitable division of	50917
the funds, property, and indebtedness of the dissolved school	50918
district among the districts receiving its territory. The state	50919
board of education may authorize exceptions to school districts	50920
where topography, sparsity of population, and other factors make	50921
compliance impracticable.	50922

The superintendent of public instruction is without authority	50923
to distribute funds under Chapter ~~3306. or~~ 3317. of the Revised	50924
Code to any school district that does not maintain schools with	50925
grades kindergarten through twelve and to which no exception has	50926
been granted by the state board of education.	50927

(B) Division (A) of this section does not apply to any joint	50928
vocational school district or any cooperative education school	50929
district established pursuant to divisions (A) to (C) of section	50930
3311.52 of the Revised Code.	50931

(C)(1)(a) Except as provided in division (C)(3) of this	50932
section, division (A) of this section does not apply to any	50933
cooperative education school district established pursuant to	50934
section 3311.521 of the Revised Code nor to the city, exempted	50935
village, or local school districts that have territory within such	50936
a cooperative education district.	50937

(b) The cooperative district and each city, exempted village,	50938
or local district with territory within the cooperative district	50939
shall maintain the grades that the resolution adopted or amended	50940
pursuant to section 3311.521 of the Revised Code specifies.	50941

(2) Any cooperative education school district described under	50942
division (C)(1) of this section that fails to maintain the grades	50943
it is specified to operate shall be dissolved by order of the	50944
state board of education unless prior to such an order the	50945
cooperative district is dissolved pursuant to section 3311.54 of	50946
the Revised Code. Any such order shall provide for the equitable	50947
adjustment, division, and disposition of the assets, property,	50948
debts, and obligations of the district among each city, local, and	50949
exempted village school district whose territory is in the	50950
cooperative district and shall provide that the tax duplicate of	50951
each city, local, and exempted village school district whose	50952
territory is in the cooperative district shall be bound for and	50953
assume its share of the outstanding indebtedness of the	50954
cooperative district.	50955

(3) If any city, exempted village, or local school district	50956
described under division (C)(1) of this section fails to maintain	50957
the grades it is specified to operate the cooperative district	50958
within which it has territory shall be dissolved in accordance	50959
with division (C)(2) of this section and upon that dissolution any	50960
city, exempted village, or local district failing to maintain	50961
grades kindergarten through twelve shall be subject to the	50962
provisions for dissolution in division (A) of this section.	50963

Sec. 3311.50. (A) As used in this section, "county school	50964
financing district" means a taxing district consisting of the	50965
following territory:	50966

(1) The territory that constitutes the educational service	50967
center on the date that the governing board of that educational	50968
service center adopts a resolution under division (B) of this	50969
section declaring that the territory of the educational service	50970
center is a county school financing district, exclusive of any	50971
territory subsequently withdrawn from the district under division	50972
(D) of this section;	50973

(2) Any territory that has been added to the county school	50974
financing district under this section.	50975

A county school financing district may include the territory	50976
of a city, local, or exempted village school district whose	50977
territory also is included in the territory of one or more other	50978
county school financing districts.	50979

(B) The governing board of any educational service center	50980
may, by resolution, declare that the territory of the educational	50981
service center is a county school financing district. The	50982
resolution shall state the purpose for which the county school	50983
financing district is created which may be for any one or more of	50984
the following purposes:	50985

(1) To levy taxes for the provision of special education by	50986
the school districts that are a part of the district, including	50987
taxes for permanent improvements for special education;	50988

(2) To levy taxes for the provision of specified educational	50989
programs and services by the school districts that are a part of	50990
the district, as identified in the resolution creating the	50991
district, including the levying of taxes for permanent	50992
improvements for those programs and services;	50993

(3) To levy taxes for permanent improvements of school	50994
districts that are a part of the district.	50995

The governing board of the educational service center that	50996
creates a county school financing district shall serve as the	50997
taxing authority of the district and may use educational service	50998
center governing board employees to perform any of the functions	50999
necessary in the performance of its duties as a taxing authority.	51000
A county school financing district shall not employ any personnel.	51001

With the approval of a majority of the members of the board	51002
of education of each school district within the territory of the	51003
county school financing district, the taxing authority of the	51004
financing district may amend the resolution creating the district	51005
to broaden or narrow the purposes for which it was created.	51006

A governing board of an educational service center may create	51007
more than one county school financing district. If a governing	51008
board of an educational service center creates more than one such	51009
district, it shall clearly distinguish among the districts it	51010
creates by including a designation of each district's purpose in	51011
the district's name.	51012

(C) A majority of the members of a board of education of a	51013
city, local, or exempted village school district may adopt a	51014
resolution requesting that its territory be joined with the	51015
territory of any county school financing district. Copies of the	51016
resolution shall be filed with the state board of education and	51017
the taxing authority of the county school financing district.	51018
Within sixty days of its receipt of such a resolution, the county	51019
school financing district's taxing authority shall vote on the	51020
question of whether to accept the school district's territory as	51021
part of the county school financing district. If a majority of the	51022
members of the taxing authority vote to accept the territory, the	51023
school district's territory shall thereupon become a part of the	51024
county school financing district unless the county school	51025
financing district has in effect a tax imposed under section	51026
5705.211 of the Revised Code. If the county school financing	51027
district has such a tax in effect, the taxing authority shall	51028
certify a copy of its resolution accepting the school district's	51029
territory to the school district's board of education, which may	51030
then adopt a resolution, with the affirmative vote of a majority	51031
of its members, proposing the submission to the electors of the	51032
question of whether the district's territory shall become a part	51033
of the county school financing district and subject to the taxes	51034
imposed by the financing district. The resolution shall set forth	51035
the date on which the question shall be submitted to the electors,	51036
which shall be at a special election held on a date specified in	51037
the resolution, which shall not be earlier than ninety days after	51038
the adoption and certification of the resolution. A copy of the	51039
resolution shall immediately be certified to the board of	51040
elections of the proper county, which shall make arrangements for	51041
the submission of the proposal to the electors of the school	51042
district. The board of the joining district shall publish notice	51043
of the election in ~~one or more newspapers~~a newspaper of general	51044
circulation in the county once a week for two consecutive weeks,	51045
or as provided in section 7.16 of the Revised Code, prior to the	51046
election. Additionally, if the board of elections operates and	51047
maintains a web site, the board of elections shall post notice of	51048
the election on its web site for thirty days prior to the	51049
election. The question appearing on the ballot shall read:	51050

"Shall the territory within .......... (name of the school	51051
district proposing to join the county school financing district)	51052
.......... be added to .......... (name) .......... county school	51053
financing district, and a property tax for the purposes of	51054
......... (here insert purposes) .......... at a rate of taxation	51055
not exceeding .......... (here insert the outstanding tax rate)	51056
........... be in effect for .......... (here insert the number of	51057
years the tax is to be in effect or "a continuing period of time,"	51058
as applicable) ..........?"	51059

If the proposal is approved by a majority of the electors	51060
voting on it, the joinder shall take effect on the first day of	51061
July following the date of the election, and the county board of	51062
elections shall notify the county auditor of each county in which	51063
the school district joining its territory to the county school	51064
financing district is located.	51065

(D) The board of any city, local, or exempted village school	51066
district whose territory is part of a county school financing	51067
district may withdraw its territory from the county school	51068
financing district thirty days after submitting to the governing	51069
board that is the taxing authority of the district and the state	51070
board a resolution proclaiming such withdrawal, adopted by a	51071
majority vote of its members, but any county school financing	51072
district tax levied in such territory on the effective date of the	51073
withdrawal shall remain in effect in such territory until such tax	51074
expires or is renewed. No board may adopt a resolution withdrawing	51075
from a county school financing district that would take effect	51076
during the forty-five days preceding the date of an election at	51077
which a levy proposed under section 5705.215 of the Revised Code	51078
is to be voted upon.	51079

(E) A city, local, or exempted village school district does	51080
not lose its separate identity or legal existence by reason of	51081
joining its territory to a county school financing district under	51082
this section and an educational service center does not lose its	51083
separate identity or legal existence by reason of creating a	51084
county school financing district that accepts or loses territory	51085
under this section.	51086

Sec. 3311.52. A cooperative education school district may be	51087
established pursuant to divisions (A) to (C) of this section or	51088
pursuant to section 3311.521 of the Revised Code.	51089

(A) A cooperative education school district may be	51090
established upon the adoption of identical resolutions within a	51091
sixty-day period by a majority of the members of the board of	51092
education of each city, local, and exempted village school	51093
district that is within the territory of a county school financing	51094
district.	51095

A copy of each resolution shall be filed with the governing	51096
board of the educational service center which created the county	51097
school financing district. Upon the filing of the last such	51098
resolution, the educational service center governing board shall	51099
immediately notify each board of education filing such a	51100
resolution of the date on which the last resolution was filed.	51101

Ten days after the date on which the last resolution is filed	51102
with the educational service center governing board or ten days	51103
after the last of any notices required under division (C) of this	51104
section is received by the educational service center governing	51105
board, whichever is later, the county school financing district	51106
shall be dissolved and the new cooperative education school	51107
district and the board of education of the cooperative education	51108
school district shall be established.	51109

On the date that any county school financing district is	51110
dissolved and a cooperative education school district is	51111
established under this section, each of the following shall apply:	51112

(1) The territory of the dissolved district becomes the	51113
territory of the new district.	51114

(2) Any outstanding tax levy in force in the dissolved	51115
district shall be spread over the territory of the new district	51116
and shall remain in force in the new district until the levy	51117
expires or is renewed.	51118

(3) Any funds of the dissolved district shall be paid over in	51119
full to the new district.	51120

(4) Any net indebtedness of the dissolved district shall be	51121
assumed in full by the new district. As used in division (A)(4) of	51122
this section, "net indebtedness" means the difference between the	51123
par value of the outstanding and unpaid bonds and notes of the	51124
dissolved district and the amount held in the sinking fund and	51125
other indebtedness retirement funds for their redemption.	51126

When a county school financing district is dissolved and a	51127
cooperative education school district is established under this	51128
section, the governing board of the educational service center	51129
that created the dissolved district shall give written notice of	51130
this fact to the county auditor and the board of elections of each	51131
county having any territory in the new district.	51132

(B) The resolutions adopted under division (A) of this	51133
section shall include all of the following provisions:	51134

(1) Provision that the governing board of the educational	51135
service center which created the county school financing district	51136
shall be the board of education of the cooperative education	51137
school district, except that provision may be made for the	51138
composition, selection, and terms of office of an alternative	51139
board of education of the cooperative district, which board shall	51140
include at least one member selected from or by the members of the	51141
board of education of each city, local, and exempted village	51142
school district and at least one member selected from or by the	51143
members of the educational service center governing board within	51144
the territory of the cooperative district;	51145

(2) Provision that the treasurer and superintendent of the	51146
educational service center which created the county school	51147
financing district shall be the treasurer and superintendent of	51148
the cooperative education school district, except that provision	51149
may be made for the selection of a treasurer or superintendent of	51150
the cooperative district other than the treasurer or	51151
superintendent of the educational service center, which provision	51152
shall require one of the following:	51153

(a) The selection of one person as both the treasurer and	51154
superintendent of the cooperative district, which provision may	51155
require such person to be the treasurer or superintendent of any	51156
city, local, or exempted village school district or educational	51157
service center within the territory of the cooperative district;	51158

(b) The selection of one person as the treasurer and another	51159
person as the superintendent of the cooperative district, which	51160
provision may require either one or both such persons to be	51161
treasurers or superintendents of any city, local, or exempted	51162
village school districts or educational service center within the	51163
territory of the cooperative district.	51164

(3) A statement of the educational program the board of	51165
education of the cooperative education school district will	51166
conduct, including but not necessarily limited to the type of	51167
educational program, the grade levels proposed for inclusion in	51168
the program, the timetable for commencing operation of the	51169
program, and the facilities proposed to be used or constructed to	51170
be used by the program;	51171

(4) A statement of the annual amount, or the method for	51172
determining that amount, of funds or services or facilities that	51173
each city, local, and exempted village school district within the	51174
territory of the cooperative district is required to pay to or	51175
provide for the use of the board of education of the cooperative	51176
education school district;	51177

(5) Provision for adopting amendments to the provisions of	51178
divisions (B)(2) to (4) of this section.	51179

(C) If the resolutions adopted under division (A) of this	51180
section provide for a board of education of the cooperative	51181
education school district that is not the governing board of the	51182
educational service center that created the county school	51183
financing district, each board of education of each city, local,	51184
or exempted village school district and the governing board of the	51185
educational service center within the territory of the cooperative	51186
district shall, within thirty days after the date on which the	51187
last resolution is filed with the educational service center	51188
governing board under division (A) of this section, select one or	51189
more members of the board of education of the cooperative district	51190
as provided in the resolutions filed with the educational service	51191
center governing board. Each such board shall immediately notify	51192
the educational service center governing board of each such	51193
selection.	51194

(D) Except for the powers and duties in this chapter and	51195
Chapters 124., ~~3306.,~~ 3317., 3318., 3323., and 3331. of the	51196
Revised Code, a cooperative education school district established	51197
pursuant to divisions (A) to (C) of this section or pursuant to	51198
section 3311.521 of the Revised Code has all the powers of a city	51199
school district and its board of education has all the powers and	51200
duties of a board of education of a city school district with	51201
respect to the educational program specified in the resolutions	51202
adopted under division (A) of this section. All laws applicable to	51203
a city school district or the board of education or the members of	51204
the board of education of a city school district, except such laws	51205
in this chapter and Chapters 124., ~~3306.,~~ 3317., 3318., 3323., and	51206
3331. of the Revised Code, are applicable to a cooperative	51207
education school district and its board.	51208

The treasurer and superintendent of a cooperative education	51209
school district shall have the same respective duties and powers	51210
as a treasurer and superintendent of a city school district,	51211
except for any powers and duties in this chapter and Chapters	51212
124., ~~3306.,~~ 3317., 3318., 3323., and 3331. of the Revised Code.	51213

(E) For purposes of this title, any student included in the	51214
formula ADM certified for any city, exempted village, or local	51215
school district under section 3317.03 of the Revised Code by	51216
virtue of being counted, in whole or in part, in the average daily	51217
membership of a cooperative education school district under	51218
division (A)(2)(f) of that section shall be construed to be	51219
enrolled both in that city, exempted village, or local school	51220
district and in that cooperative education school district. This	51221
division shall not be construed to mean that any such individual	51222
student may be counted more than once for purposes of determining	51223
the average daily membership of any one school district.	51224

Sec. 3311.53. (A)(1) The board of education of any city,	51225
local, or exempted village school district that wishes to become	51226
part of a cooperative education school district established	51227
pursuant to divisions (A) to (C) of section 3311.52 of the Revised	51228
Code may adopt a resolution proposing to become a part of the	51229
cooperative education school district.	51230

(2) The board of education of any city, local, or exempted	51231
village school district that is contiguous to a cooperative	51232
education school district established pursuant to section 3311.521	51233
of the Revised Code and that wishes to become part of that	51234
cooperative district may adopt a resolution proposing to become	51235
part of that cooperative district.	51236

(B) If, after the adoption of a resolution in accordance with	51237
division (A) of this section, the board of education of the	51238
cooperative education school district named in that resolution	51239
also adopts a resolution accepting the new district, the board of	51240
the district wishing to become part of the cooperative district	51241
shall advertise a copy of the cooperative district board's	51242
resolution in a newspaper of general circulation in the school	51243
district proposing to become a part of the cooperative education	51244
school district once each week for ~~at least~~ two weeks, or as	51245
provided in section 7.16 of the Revised Code, immediately	51246
following the date of the adoption of the resolution. The	51247
resolution shall become legally effective on the sixtieth day	51248
after its adoption, unless prior to the expiration of that	51249
sixty-day period qualified electors residing in the school	51250
district proposed to become a part of the cooperative education	51251
school district equal in number to a majority of the qualified	51252
electors voting at the last general election file with the board	51253
of education a petition of remonstrance against the transfer. If	51254
the resolution becomes legally effective, both of the following	51255
shall apply:	51256

(1) The resolution that established the cooperative education	51257
school district pursuant to divisions (A) to (C) of section	51258
3311.52 or section 3311.521 of the Revised Code shall be amended	51259
to reflect the addition of the new district to the cooperative	51260
district.	51261

(2) The board of education of the cooperative education	51262
school district shall give written notice of this fact to the	51263
county auditor and the board of elections of each county in which	51264
the school district becoming a part of the cooperative education	51265
school district has territory. Any such county auditor shall	51266
thereupon have any outstanding levy for building purposes, bond	51267
retirement, or current expenses in force in the cooperative	51268
education school district spread over the territory of the school	51269
district becoming a part of the cooperative education school	51270
district.	51271

(C) If the board of education of the cooperative education	51272
school district is not the governing board of an educational	51273
service center, the board of education of the cooperative	51274
education school district shall, on the addition of a city, local,	51275
or exempted village school district to the district pursuant to	51276
this section, submit to the state board of education a proposal to	51277
enlarge the membership of the board. In the case of a cooperative	51278
district established pursuant to divisions (A) to (C) of section	51279
3311.52 of the Revised Code, the proposal shall add one or more	51280
persons to the district's board, at least one of whom shall be a	51281
member of or selected by the board of education of the additional	51282
school district, and shall specify the term of each such	51283
additional member. In the case of a cooperative district	51284
established pursuant to section 3311.521 of the Revised Code, the	51285
proposal shall add two or more persons to the district's board, at	51286
least two of whom shall be a member of or selected by the board of	51287
education of the additional school district, and shall specify the	51288
term of each such additional member. On approval by the state	51289
board of education, the additional members shall be added to the	51290
cooperative education school district board of education.	51291

Sec. 3311.73. (A) No later than ninety days before the	51292
general election held in the first even-numbered year occurring at	51293
least four years after the date it assumed control of the	51294
municipal school district pursuant to division (B) of section	51295
3311.71 of the Revised Code, the board of education appointed	51296
under that division shall notify the board of elections of each	51297
county containing territory of the municipal school district of	51298
the referendum election required by division (B) of this section.	51299

(B) At the general election held in the first even-numbered	51300
year occurring at least four years after the date the new board	51301
assumed control of a municipal school district pursuant to	51302
division (B) of section 3311.71 of the Revised Code, the following	51303
question shall be submitted to the electors residing in the school	51304
district:	51305

"Shall the mayor of ..... (here insert the name of the	51306
applicable municipal corporation) continue to appoint the members	51307
of the board of education of the ..... (here insert the name of	51308
the municipal school district)?"	51309

The board of elections of the county in which the majority of	51310
the school district's territory is located shall make all	51311
necessary arrangements for the submission of the question to the	51312
electors, and the election shall be conducted, canvassed, and	51313
certified in the same manner as regular elections in the district	51314
for the election of county officers, provided that in any such	51315
election in which only part of the electors of a precinct are	51316
qualified to vote, the board of elections may assign voters in	51317
such part to an adjoining precinct. Such an assignment may be made	51318
to an adjoining precinct in another county with the consent and	51319
approval of the board of elections of such other county. Notice of	51320
the election shall be published in a newspaper of general	51321
circulation in the school district once a week for two consecutive	51322
weeks, or as provided in section 7.16 of the Revised Code, prior	51323
to the election~~, and, if~~. If the board of elections operates and	51324
maintains a web site, the board of elections shall post notice of	51325
the election on its web site for thirty days prior to the	51326
election. The notice shall state the question on which the	51327
election is being held. The ballot shall be in the form prescribed	51328
by the secretary of state. Costs of submitting the question to the	51329
electors shall be charged to the municipal school district in	51330
accordance with section 3501.17 of the Revised Code.	51331

(C) If a majority of electors voting on the issue proposed in	51332
division (B) of this section approve the question, the mayor shall	51333
appoint a new board on the immediately following first day of July	51334
pursuant to division (F) of section 3311.71 of the Revised Code.	51335

(D) If a majority of electors voting on the issue proposed in	51336
division (B) of this section disapprove the question, a new	51337
seven-member board of education shall be elected at the next	51338
regular election occurring in November of an odd-numbered year. At	51339
such election, four members shall be elected for terms of four	51340
years and three members shall be elected for terms of two years.	51341
Thereafter, their successors shall be elected in the same manner	51342
and for the same terms as members of boards of education of a city	51343
school district. All members of the board of education of a	51344
municipal school district appointed pursuant to division (B) of	51345
section 3311.71 of the Revised Code shall continue to serve after	51346
the end of the terms to which they were appointed until their	51347
successors are qualified and assume office in accordance with	51348
section 3313.09 of the Revised Code.	51349

Sec. 3311.76. (A) Notwithstanding Chapters 3302.~~, 3306.,~~ and	51350
3317. of the Revised Code, upon written request of the district	51351
chief executive officer the state superintendent of public	51352
instruction may exempt a municipal school district from any rules	51353
adopted under Title XXXIII of the Revised Code except for any rule	51354
adopted under Chapter 3307. or 3309., sections 3319.07 to 3319.21,	51355
or Chapter 3323. of the Revised Code, and may authorize a	51356
municipal school district to apply funds allocated to the district	51357
under ~~Chapters 3306. and~~Chapter 3317. of the Revised Code, except	51358
those specifically allocated to purposes other than current	51359
expenses, to the payment of debt charges on the district's public	51360
obligations. The request must specify the provisions from which	51361
the district is seeking exemption or the application requested and	51362
the reasons for the request. The state superintendent shall	51363
approve the request if the superintendent finds the requested	51364
exemption or application is in the best interest of the district's	51365
students. The superintendent shall approve or disapprove the	51366
request within thirty days and shall notify the district board and	51367
the district chief executive officer of approval or reasons for	51368
disapproving the request.	51369

(B) In addition to the rights, authority, and duties	51370
conferred upon a municipal school district and its board of	51371
education in sections 3311.71 to 3311.76 of the Revised Code, a	51372
municipal school district and its board shall have all of the	51373
rights, authority, and duties conferred upon a city school	51374
district and its board by law that are not inconsistent with	51375
sections 3311.71 to 3311.76 of the Revised Code.	51376

Sec. 3313.29. The treasurer of each board of education shall	51377
keep an account of all school funds of the district. The treasurer	51378
shall receive all vouchers for payments and disbursements made to	51379
and by the board and preserve such vouchers for a period of ten	51380
years unless copied or reproduced according to the procedure	51381
prescribed in section 9.01 of the Revised Code. Thereafter, such	51382
vouchers may be destroyed by the treasurer upon applying to and	51383
obtaining an order from the school district records commission in	51384
the manner prescribed by section ~~149.41~~149.381 of the Revised	51385
Code, except that it shall not be necessary to copy or reproduce	51386
such vouchers before their destruction. The treasurer shall render	51387
a statement to the board and to the superintendent of the school	51388
district, monthly, or more often if required, showing the revenues	51389
and receipts from whatever sources derived, the various	51390
appropriations made by the board, the expenditures and	51391
disbursements therefrom, the purposes thereof, the balances	51392
remaining in each appropriation, and the assets and liabilities of	51393
the school district. At the end of the fiscal year such statement	51394
shall be a complete exhibit of the financial affairs of the school	51395
district which may be published and distributed with the approval	51396
of the board. All monthly and yearly statements as required in	51397
this section shall be available for examination by the public.	51398

On request of the principal or other chief administrator of	51399
any nonpublic school located within the school district's	51400
territory, the treasurer shall provide such principal or	51401
administrator with an account of the moneys received by the	51402
district under division ~~(I)~~(E) of section 3317.024 of the Revised	51403
Code as reported to the district's board in the treasurer's most	51404
recent monthly statement.	51405

Sec. 3313.372. (A) As used in this section, "energy	51406
conservation measure" means an installation or modification of an	51407
installation in, or remodeling of, a building, to reduce energy	51408
consumption. It includes:	51409

(1) Insulation of the building structure and systems within	51410
the building;	51411

(2) Storm windows and doors, multiglazed windows and doors,	51412
heat absorbing or heat reflective glazed and coated window and	51413
door systems, additional glazing, reductions in glass area, and	51414
other window and door system modifications that reduce energy	51415
consumption;	51416

(3) Automatic energy control systems;

51417

(4) Heating, ventilating, or air conditioning system	51418
modifications or replacements;	51419

(5) Caulking and weatherstripping;

51420

(6) Replacement or modification of lighting fixtures to	51421
increase the energy efficiency of the system without increasing	51422
the overall illumination of a facility, unless such increase in	51423
illumination is necessary to conform to the applicable state or	51424
local building code for the proposed lighting system;	51425

(7) Energy recovery systems;

51426

(8) Cogeneration systems that produce steam or forms of	51427
energy such as heat, as well as electricity, for use primarily	51428
within a building or complex of buildings;	51429

(9) Any other modification, installation, or remodeling	51430
approved by the Ohio school facilities commission as an energy	51431
conservation measure.	51432

(B) A board of education of a city, exempted village, local,	51433
or joint vocational school district may enter into an installment	51434
payment contract for the purchase and installation of energy	51435
conservation measures. The provisions of such installment payment	51436
contracts dealing with interest charges and financing terms shall	51437
not be subject to the competitive bidding requirements of section	51438
3313.46 of the Revised Code, and shall be on the following terms:	51439

(1) Not less than one-fifteenth of the costs thereof shall be	51440
paid within two years from the date of purchase.	51441

(2) The remaining balance of the costs thereof shall be paid	51442
within fifteen years from the date of purchase.	51443

An installment payment contract entered into by a board of	51444
education under this section shall require the board to contract	51445
in accordance with division (A) of section 3313.46 of the Revised	51446
Code for the installation, modification, or remodeling of energy	51447
conservation measures unless division (A) of section 3313.46 of	51448
the Revised Code does not apply pursuant to division (B)(3) of	51449
that section.	51450

(C) The board may issue the notes of the school district	51451
signed by the president and the treasurer of the board and	51452
specifying the terms of the purchase and securing the deferred	51453
payments provided in this section, payable at the times provided	51454
and bearing interest at a rate not exceeding the rate determined	51455
as provided in section 9.95 of the Revised Code. The notes may	51456
contain an option for prepayment and shall not be subject to	51457
Chapter 133. of the Revised Code. In the resolution authorizing	51458
the notes, the board may provide, without the vote of the electors	51459
of the district, for annually levying and collecting taxes in	51460
amounts sufficient to pay the interest on and retire the notes,	51461
except that the total net indebtedness of the district without a	51462
vote of the electors incurred under this and all other sections of	51463
the Revised Code, except section 3318.052 of the Revised Code,	51464
shall not exceed one per cent of the district's tax valuation.	51465
Revenues derived from local taxes or otherwise, for the purpose of	51466
conserving energy or for defraying the current operating expenses	51467
of the district, may be applied to the payment of interest and the	51468
retirement of such notes. The notes may be sold at private sale or	51469
given to the contractor under the installment payment contract	51470
authorized by division (B) of this section.	51471

(D) Debt incurred under this section shall not be included in	51472
the calculation of the net indebtedness of a school district under	51473
section 133.06 of the Revised Code.	51474

(E) No school district board shall enter into an installment	51475
payment contract under division (B) of this section unless it	51476
first obtains a report of the costs of the energy conservation	51477
measures and the savings thereof as described under division (G)	51478
of section 133.06 of the Revised Code as a requirement for issuing	51479
energy securities, makes a finding that the amount spent on such	51480
measures is not likely to exceed the amount of money it would save	51481
in energy costs and resultant operational and maintenance costs as	51482
described in that division, except that that finding shall cover	51483
the ensuing fifteen years, and the Ohio school facilities	51484
commission determines that the district board's findings are	51485
reasonable and approves the contract as described in that	51486
division.	51487

The district board shall monitor the savings and maintain a	51488
report of those savings, which shall be ~~available~~submitted to the	51489
commission in the same manner as required by division (G) of	51490
section 133.06 of the Revised Code in the case of energy	51491
securities.	51492

Sec. 3313.41. (A) Except as provided in divisions (C), (D),	51493
(F), and (G) of this section, when a board of education decides to	51494
dispose of real or personal property that it owns in its corporate	51495
capacity and that exceeds in value ten thousand dollars, it shall	51496
sell the property at public auction, after giving at least thirty	51497
days' notice of the auction by publication in a newspaper of	51498
general circulation in the school district, by publication as	51499
provided in section 7.16 of the Revised Code, or by posting	51500
notices in five of the most public places in the school district	51501
in which the property, if it is real property, is situated, or, if	51502
it is personal property, in the school district of the board of	51503
education that owns the property. The board may offer real	51504
property for sale as an entire tract or in parcels.	51505

(B) When the board of education has offered real or personal	51506
property for sale at public auction at least once pursuant to	51507
division (A) of this section, and the property has not been sold,	51508
the board may sell it at a private sale. Regardless of how it was	51509
offered at public auction, at a private sale, the board shall, as	51510
it considers best, sell real property as an entire tract or in	51511
parcels, and personal property in a single lot or in several lots.	51512

(C) If a board of education decides to dispose of real or	51513
personal property that it owns in its corporate capacity and that	51514
exceeds in value ten thousand dollars, it may sell the property to	51515
the adjutant general; to any subdivision or taxing authority as	51516
respectively defined in divisions (A) and (C) of section 5705.01	51517
of the Revised Code, township park district, board of park	51518
commissioners established under Chapter 755. of the Revised Code,	51519
or park district established under Chapter 1545. of the Revised	51520
Code; to a wholly or partially tax-supported university,	51521
university branch, or college; or to the board of trustees of a	51522
school district library, upon such terms as are agreed upon. The	51523
sale of real or personal property to the board of trustees of a	51524
school district library is limited, in the case of real property,	51525
to a school district library within whose boundaries the real	51526
property is situated, or, in the case of personal property, to a	51527
school district library whose boundaries lie in whole or in part	51528
within the school district of the selling board of education.	51529

(D) When a board of education decides to trade as a part or	51530
an entire consideration, an item of personal property on the	51531
purchase price of an item of similar personal property, it may	51532
trade the same upon such terms as are agreed upon by the parties	51533
to the trade.	51534

(E) The president and the treasurer of the board of education	51535
shall execute and deliver deeds or other necessary instruments of	51536
conveyance to complete any sale or trade under this section.	51537

(F) When a board of education has identified a parcel of real	51538
property that it determines is needed for school purposes, the	51539
board may, upon a majority vote of the members of the board,	51540
acquire that property by exchanging real property that the board	51541
owns in its corporate capacity for the identified real property or	51542
by using real property that the board owns in its corporate	51543
capacity as part or an entire consideration for the purchase price	51544
of the identified real property. Any exchange or acquisition made	51545
pursuant to this division shall be made by a conveyance executed	51546
by the president and the treasurer of the board.	51547

(G)~~(1)~~ When a school district board of education decides to	51548
dispose of real property ~~suitable for use as classroom space~~,	51549
prior to disposing of that property under divisions (A) to (F) of	51550
this section, it shall first offer that property for sale to the	51551
governing authorities of the start-up community schools	51552
established under Chapter 3314. of the Revised Code located within	51553
the territory of the school district, at a price that is not	51554
higher than the appraised fair market value of that property. If	51555
more than one community school governing authority accepts the	51556
offer made by the school district board, the board shall sell the	51557
property to the governing authority that accepted the offer first	51558
in time. If no community school governing authority accepts the	51559
offer within sixty days after the offer is made by the school	51560
district board, the board may dispose of the property in the	51561
applicable manner prescribed under divisions (A) to (F) of this	51562
section.	51563

~~(2) When a school district board of education has not used~~	51564
~~real property suitable for classroom space for academic~~	51565
~~instruction, administration, storage, or any other educational~~	51566
~~purpose for one full school year and has not adopted a resolution~~	51567
~~outlining a plan for using that property for any of those purposes~~	51568
~~within the next three school years, it shall offer that property~~	51569
~~for sale to the governing authorities of the start-up community~~	51570
~~schools established under Chapter 3314. of the Revised Code~~	51571
~~located within the territory of the school district, at a price~~	51572
~~that is not higher than the appraised fair market value of that~~	51573
~~property. If more than one community school governing authority~~	51574
~~accepts the offer made by the school district board, the board~~	51575
~~shall sell the property to the governing authority that accepted~~	51576
~~the offer first in time.~~	51577

(H) When a school district board of education has property	51578
that the board, by resolution, finds is not needed for school	51579
district use, is obsolete, or is unfit for the use for which it	51580
was acquired, the board may donate that property in accordance	51581
with this division if the fair market value of the property is, in	51582
the opinion of the board, two thousand five hundred dollars or	51583
less.	51584

The property may be donated to an eligible nonprofit	51585
organization that is located in this state and is exempt from	51586
federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3).	51587
Before donating any property under this division, the board shall	51588
adopt a resolution expressing its intent to make unneeded,	51589
obsolete, or unfit-for-use school district property available to	51590
these organizations. The resolution shall include guidelines and	51591
procedures the board considers to be necessary to implement the	51592
donation program and shall indicate whether the school district	51593
will conduct the donation program or the board will contract with	51594
a representative to conduct it. If a representative is known when	51595
the resolution is adopted, the resolution shall provide contact	51596
information such as the representative's name, address, and	51597
telephone number.	51598

The resolution shall include within its procedures a	51599
requirement that any nonprofit organization desiring to obtain	51600
donated property under this division shall submit a written notice	51601
to the board or its representative. The written notice shall	51602
include evidence that the organization is a nonprofit organization	51603
that is located in this state and is exempt from federal income	51604
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	51605
the organization's primary purpose; a description of the type or	51606
types of property the organization needs; and the name, address,	51607
and telephone number of a person designated by the organization's	51608
governing board to receive donated property and to serve as its	51609
agent.	51610

After adoption of the resolution, the board shall publish, in	51611
a newspaper of general circulation in the school district or as	51612
provided in section 7.16 of the Revised Code, notice of its intent	51613
to donate unneeded, obsolete, or unfit-for-use school district	51614
property to eligible nonprofit organizations. The notice shall	51615
include a summary of the information provided in the resolution	51616
and shall be published ~~at least~~ twice. The second ~~and any~~	51617
~~subsequent~~ notice shall be published not less than ten nor more	51618
than twenty days after the previous notice. A similar notice also	51619
shall be posted continually in the board's office~~, and, if~~. If the	51620
school district maintains a web site on the internet, the notice	51621
shall be posted continually at that web site.	51622

The board or its representatives shall maintain a list of all	51623
nonprofit organizations that notify the board or its	51624
representative of their desire to obtain donated property under	51625
this division and that the board or its representative determines	51626
to be eligible, in accordance with the requirements set forth in	51627
this section and in the donation program's guidelines and	51628
procedures, to receive donated property.	51629

The board or its representative also shall maintain a list of	51630
all school district property the board finds to be unneeded,	51631
obsolete, or unfit for use and to be available for donation under	51632
this division. The list shall be posted continually in a	51633
conspicuous location in the board's office, and, if the school	51634
district maintains a web site on the internet, the list shall be	51635
posted continually at that web site. An item of property on the	51636
list shall be donated to the eligible nonprofit organization that	51637
first declares to the board or its representative its desire to	51638
obtain the item unless the board previously has established, by	51639
resolution, a list of eligible nonprofit organizations that shall	51640
be given priority with respect to the item's donation. Priority	51641
may be given on the basis that the purposes of a nonprofit	51642
organization have a direct relationship to specific school	51643
district purposes of programs provided or administered by the	51644
board. A resolution giving priority to certain nonprofit	51645
organizations with respect to the donation of an item of property	51646
shall specify the reasons why the organizations are given that	51647
priority.	51648

Members of the board shall consult with the Ohio ethics	51649
commission, and comply with Chapters 102. and 2921. of the Revised	51650
Code, with respect to any donation under this division to a	51651
nonprofit organization of which a board member, any member of a	51652
board member's family, or any business associate of a board member	51653
is a trustee, officer, board member, or employee.	51654

Sec. 3313.411. (A) As used in this section, "unused school	51655
facilities" means any real property that has been used by a school	51656
district for school operations, including, but not limited to,	51657
academic instruction or administration, since July 1, 1998, but	51658
has not been used in that capacity for two years.	51659

(B) On and after the effective date of this section, any	51660
school district board of education shall offer any unused school	51661
facilities it owns in its corporate capacity for lease or sale to	51662
the governing authorities of community schools established under	51663
Chapter 3314. of the Revised Code that are located within the	51664
territory of the school district.	51665

(1) If, not later than sixty days after the district board	51666
makes the offer, the governing authority of one community school	51667
located within the territory of the school district notifies the	51668
district treasurer in writing of its intention to purchase the	51669
property, the district board shall sell the property to the	51670
community school for the appraised fair market value of the	51671
property.	51672

(2) If, not later than sixty days after the district board	51673
makes the offer, the governing authorities of two or more	51674
community schools located within the territory of the school	51675
district notify the district treasurer in writing of their	51676
intention to purchase the property, the board shall conduct a	51677
public auction in the manner required for auctions of district	51678
property under division (A) of section 3313.41 of the Revised	51679
Code. Only the governing authorities of all community schools	51680
located within the territory of the school district are eligible	51681
to bid at the auction. The district board is not obligated to	51682
accept any bid for the property that is lower than the appraised	51683
fair market value of the property.	51684

(3) If the governing authorities of two or more community	51685
schools located within the territory of the school district notify	51686
the district treasurer in writing of their intention to lease the	51687
property, the district board shall conduct a lottery to select the	51688
community school to which the district board shall lease the	51689
property.	51690

(4) The lease price offered by a district board to the	51691
governing authority of a community school under this section shall	51692
not be higher than the fair market value for such a leasehold.	51693

(5) If no community school governing authority accepts the	51694
offer to lease or buy the property within sixty days after the	51695
offer is made, the district board may offer the property to any	51696
other entity in accordance with divisions (A) to (F) of section	51697
3313.41 of the Revised Code.	51698

(C) Notwithstanding division (B) of this section, a school	51699
district board may renew any agreement it originally entered into	51700
prior to the effective date of this section to lease real property	51701
to an entity other than a community school. Nothing in this	51702
section shall affect the leasehold arrangements between the	51703
district board and that other entity.	51704

Sec. 3313.46. (A) In addition to any other law governing the	51705
bidding for contracts by the board of education of any school	51706
district, when any such board determines to build, repair,	51707
enlarge, improve, or demolish any school building, the cost of	51708
which will exceed twenty-five thousand dollars, except in cases of	51709
urgent necessity, or for the security and protection of school	51710
property, and except as otherwise provided in division (D) of	51711
section 713.23 and in section 125.04 of the Revised Code, all of	51712
the following shall apply:	51713

(1) The board shall cause to be prepared the plans,	51714
specifications, and related information as required in divisions	51715
(A)~~, (B)~~(1), (2), and ~~(D)~~(3) of section 153.01 of the Revised Code	51716
unless the board determines that other information is sufficient	51717
to inform any bidders of the board's requirements. However, if the	51718
board determines that such other information is sufficient for	51719
bidding a project, the board shall not engage in the construction	51720
of any such project involving the practice of professional	51721
engineering, professional surveying, or architecture, for which	51722
plans, specifications, and estimates have not been made by, and	51723
the construction thereof inspected by, a licensed professional	51724
engineer, licensed professional surveyor, or registered architect.	51725

(2) The board shall advertise for bids once each week for a	51726
period of not less than two consecutive weeks, or as provided in	51727
section 7.16 of the Revised Code, in a newspaper of general	51728
circulation in the district before the date specified by the board	51729
for receiving bids. The board may also cause notice to be inserted	51730
in trade papers or other publications designated by it or to be	51731
distributed by electronic means, including posting the notice on	51732
the board's internet web site. If the board posts the notice on	51733
its web site, it may eliminate the second notice otherwise	51734
required to be published in a newspaper of general circulation	51735
within the school district, provided that the first notice	51736
published in such newspaper meets all of the following	51737
requirements:	51738

(a) It is published at least two weeks before the opening of	51739
bids.	51740

(b) It includes a statement that the notice is posted on the	51741
board of education's internet web site.	51742

(c) It includes the internet address of the board's internet	51743
web site.	51744

(d) It includes instructions describing how the notice may be	51745
accessed on the board's internet web site.	51746

(3) Unless the board extends the time for the opening of bids	51747
they shall be opened at the time and place specified by the board	51748
in the advertisement for the bids.	51749

(4) Each bid shall contain the name of every person	51750
interested therein. Each bid shall meet the requirements of	51751
section 153.54 of the Revised Code.	51752

(5) When both labor and materials are embraced in the work	51753
bid for, the board may require that each be separately stated in	51754
the bid, with the price thereof, or may require that bids be	51755
submitted without such separation.	51756

(6) None but the lowest responsible bid shall be accepted.	51757
The board may reject all the bids, or accept any bid for both	51758
labor and material for such improvement or repair, which is the	51759
lowest in the aggregate. In all other respects, the award of	51760
contracts for improvement or repair, but not for purchases made	51761
under section 3327.08 of the Revised Code, shall be pursuant to	51762
section 153.12 of the Revised Code.	51763

(7) The contract shall be between the board and the bidders.	51764
The board shall pay the contract price for the work pursuant to	51765
sections 153.13 and 153.14 of the Revised Code. The board shall	51766
approve and retain the estimates referred to in section 153.13 of	51767
the Revised Code and make them available to the auditor of state	51768
upon request.	51769

(8) When two or more bids are equal, in the whole, or in any	51770
part thereof, and are lower than any others, either may be	51771
accepted, but in no case shall the work be divided between such	51772
bidders.	51773

(9) When there is reason to believe there is collusion or	51774
combination among the bidders, or any number of them, the bids of	51775
those concerned therein shall be rejected.	51776

(B) Division (A) of this section does not apply to the board	51777
of education of any school district in any of the following	51778
situations:	51779

(1) The acquisition of educational materials used in	51780
teaching.	51781

(2) If the board determines and declares by resolution	51782
adopted by two-thirds of all its members that any item is	51783
available and can be acquired only from a single source.	51784

(3) If the board declares by resolution adopted by two-thirds	51785
of all its members that division (A) of this section does not	51786
apply to any installation, modification, or remodeling involved in	51787
any energy conservation measure undertaken through an installment	51788
payment contract under section 3313.372 of the Revised Code or	51789
undertaken pursuant to division (G) of section 133.06 of the	51790
Revised Code.	51791

(4) The acquisition of computer software for instructional	51792
purposes and computer hardware for instructional purposes pursuant	51793
to division (B)(4) of section 3313.37 of the Revised Code.	51794

(C) No resolution adopted pursuant to division (B)(2) or (3)	51795
of this section shall have any effect on whether sections 153.12	51796
to 153.14 and 153.54 of the Revised Code apply to the board of	51797
education of any school district with regard to any item.	51798

~~Sec. 3314.20.~~ Sec. 3313.473. This section does not apply to any	51799
school district declared to be excellent or effective pursuant to	51800
division (B)(1) or (2) of section 3302.03 of the Revised Code.	51801

(A) The state board of education shall adopt rules requiring	51802
school districts with a total student count of over five thousand,	51803
as determined pursuant to section 3317.03 of the Revised Code, to	51804
designate one school building to be operated by a site-based	51805
management council. The rules shall specify the composition of the	51806
council and the manner in which members of the council are to be	51807
selected and removed.	51808

(B) The rules adopted under division (A) of this section	51809
shall specify those powers, duties, functions, and	51810
responsibilities that shall be vested in the management council	51811
and that would otherwise be exercised by the district board of	51812
education. The rules shall also establish a mechanism for	51813
resolving any differences between the council and the district	51814
board if there is disagreement as to their respective powers,	51815
duties, functions, and responsibilities.	51816

(C) The board of education of any school district described	51817
by division (A) of this section may, in lieu of complying with the	51818
rules adopted under this section, file with the department of	51819
education an alternative structure for a district site-based	51820
management program in at least one of its school buildings. The	51821
proposal shall specify the composition of the council, which shall	51822
include an equal number of parents and teachers and the building	51823
principal, and the method of selection and removal of the council	51824
members. The proposal shall also clearly delineate the respective	51825
powers, duties, functions, and responsibilities of the district	51826
board and the council. The district's proposal shall comply	51827
substantially with the rules adopted under division (A) of this	51828
section.	51829

Sec. 3313.482. (A) Annually, prior to the first day of	51830
September, the board of education of each city, local, and	51831
exempted village school district shall adopt a resolution	51832
specifying a contingency plan under which the district's students	51833
will make up days on which it was necessary to close schools for	51834
any of the reasons specified in ~~division (A)(2) of section 3306.01~~	51835
~~and~~ division (B) of section 3317.01 of the Revised Code, if any	51836
such days must be made up in order to comply with the requirements	51837
of sections ~~3306.01,~~ 3313.48, 3313.481, and 3317.01 of the Revised	51838
Code. The plan shall provide for making up at least five school	51839
days. The plan may provide for making up some or all of the days a	51840
school is closed by increasing the length of other school days in	51841
the manner authorized in division (B) of this section. No	51842
resolution adopted pursuant to this division shall conflict with	51843
any collective bargaining agreement into which a board has entered	51844
pursuant to Chapter 4117. of the Revised Code and that is in	51845
effect in the district.	51846

(B) Notwithstanding anything to the contrary in the	51847
contingency plan it adopts under division (A) of this section, if	51848
a school district closes or evacuates any school building for any	51849
of the reasons specified in ~~division (A)(2) of section 3306.01 and~~	51850
division (B) of section 3317.01 of the Revised Code, or as a	51851
result of a bomb threat or any other report of an alleged or	51852
impending explosion, and if, as a result of the closing or	51853
evacuation, the school district would be unable to meet the	51854
requirements of sections ~~3306.01,~~ 3313.48, 3313.481, and 3317.01	51855
of the Revised Code regarding the number of days schools must be	51856
open for instruction or the requirements of the state minimum	51857
standards for the school day that are established by the	51858
department of education regarding the number of hours there must	51859
be in the school day, the school district may increase the length	51860
of one or more other school days for the school that was closed or	51861
evacuated, in increments of one-half hour, to make up the number	51862
of hours or days that the school building in question was so	51863
closed or evacuated for the purpose of satisfying the requirements	51864
of those sections.	51865

A school district that makes up, as described in this	51866
division, all of the hours or days that its school buildings were	51867
closed or evacuated for any of the reasons identified in this	51868
division shall be deemed to have complied with the requirements of	51869
sections ~~3306.01,~~ 3313.48, 3313.481, and 3317.01 of the Revised	51870
Code regarding the number of days schools must be open for	51871
instruction and the requirements of the state minimum standards	51872
regarding the number of hours there must be in the school day.	51873

Sec. 3313.533. (A) The board of education of a city,	51874
exempted village, or local school district may adopt a resolution	51875
to establish and maintain an alternative school in accordance with	51876
this section. The resolution shall specify, but not necessarily be	51877
limited to, all of the following:	51878

(1) The purpose of the school, which purpose shall be to	51879
serve students who are on suspension, who are having truancy	51880
problems, who are experiencing academic failure, who have a	51881
history of class disruption, who are exhibiting other academic or	51882
behavioral problems specified in the resolution, or who have been	51883
discharged or released from the custody of the department of youth	51884
services under section 5139.51 of the Revised Code;	51885

(2) The grades served by the school, which may include any of	51886
grades kindergarten through twelve;	51887

(3) A requirement that the school be operated in accordance	51888
with this section. The board of education adopting the resolution	51889
under division (A) of this section shall be the governing board of	51890
the alternative school. The board shall develop and implement a	51891
plan for the school in accordance with the resolution establishing	51892
the school and in accordance with this section. Each plan shall	51893
include, but not necessarily be limited to, all of the following:	51894

(a) Specification of the reasons for which students will be	51895
accepted for assignment to the school and any criteria for	51896
admission that are to be used by the board to approve or	51897
disapprove the assignment of students to the school;	51898

(b) Specification of the criteria and procedures that will be	51899
used for returning students who have been assigned to the school	51900
back to the regular education program of the district;	51901

(c) An evaluation plan for assessing the effectiveness of the	51902
school and its educational program and reporting the results of	51903
the evaluation to the public.	51904

(B) Notwithstanding any provision of Title XXXIII of the	51905
Revised Code to the contrary, the alternative school plan may	51906
include any of the following:	51907

(1) A requirement that on each school day students must	51908
attend school or participate in other programs specified in the	51909
plan or by the chief administrative officer of the school for a	51910
period equal to the minimum school day set by the state board of	51911
education under section 3313.48 of the Revised Code plus any	51912
additional time required in the plan or by the chief	51913
administrative officer;	51914

(2) Restrictions on student participation in extracurricular	51915
or interscholastic activities;	51916

(3) A requirement that students wear uniforms prescribed by	51917
the district board of education.	51918

(C) In accordance with the alternative school plan, the	51919
district board of education may employ teachers and nonteaching	51920
employees necessary to carry out its duties and fulfill its	51921
responsibilities or may contract with a nonprofit or for profit	51922
entity to operate the alternative school, including the provision	51923
of personnel, supplies, equipment, or facilities.	51924

(D) An alternative school may be established in all or part	51925
of a school building.	51926

(E) If a district board of education elects under this	51927
section, or is required by section 3313.534 of the Revised Code,	51928
to establish an alternative school, the district board may join	51929
with the board of education of one or more other districts to form	51930
a joint alternative school by forming a cooperative education	51931
school district under section 3311.52 or 3311.521 of the Revised	51932
Code, or a joint educational program under section 3313.842 of the	51933
Revised Code. The authority to employ personnel or to contract	51934
with a nonprofit or for profit entity under division (C) of this	51935
section applies to any alternative school program established	51936
under this division.	51937

(F) Any individual employed as a teacher at an alternative	51938
school operated by a nonprofit or for profit entity under this	51939
section shall be licensed and shall be subject to background	51940
checks, as described in section 3319.39 of the Revised Code, in	51941
the same manner as an individual employed by a school district.	51942

(G) Division (G) of this section applies only to any	51943
alternative school that is operated by a nonprofit or for profit	51944
entity under contract with the school district.	51945

(1) In addition to the specifications authorized under	51946
division (B) of this section, any plan adopted under that division	51947
for an alternative school to which division (G) of this section	51948
also applies shall include the following:	51949

(a) A description of the educational program provided at the	51950
alternative school, which shall include:	51951

(i) Provisions for the school to be configured in clusters or	51952
small learning communities;	51953

(ii) Provisions for the incorporation of education technology	51954
into the curriculum;	51955

(iii) Provisions for accelerated learning programs in reading	51956
and mathematics.	51957

(b) A method to determine the reading and mathematics level	51958
of each student assigned to the alternative school and a method to	51959
continuously monitor each student's progress in those areas. The	51960
methods employed under this division shall be aligned with the	51961
curriculum adopted by the school district board of education under	51962
section 3313.60 of the Revised Code.	51963

(c) A plan for social services to be provided at the	51964
alternative school, such as, but not limited to, counseling	51965
services, psychological support services, and enrichment programs;	51966

(d) A plan for a student's transition from the alternative	51967
school back to a school operated by the school district;	51968

(e) A requirement that the alternative school maintain	51969
financial records in a manner that is compatible with the form	51970
prescribed for school districts by the auditor of state to enable	51971
the district to comply with any rules adopted by the auditor of	51972
state.	51973

(2) Notwithstanding division (A)(2) of this section, any	51974
alternative school to which division (G) of this section applies	51975
shall include only grades six through twelve.	51976

(3) Notwithstanding anything in division (A)(3)(a) of this	51977
section to the contrary, the characteristics of students who may	51978
be assigned to an alternative school to which division (G) of this	51979
section applies shall include only disruptive and low-performing	51980
students.	51981

(H) When any district board of education determines to	51982
contract with a nonprofit or for profit entity to operate an	51983
alternative school under this section, the board shall use the	51984
procedure set forth in this division.	51985

(1) The board shall publish notice of a request for proposals	51986
in a newspaper of general circulation in the district once each	51987
week for a period of ~~at least~~ two consecutive weeks, or as	51988
provided in section 7.16 of the Revised Code, prior to the date	51989
specified by the board for receiving proposals. Notices of	51990
requests for proposals shall contain a general description of the	51991
subject of the proposed contract and the location where the	51992
request for proposals may be obtained. The request for proposals	51993
shall include all of the following information:	51994

(a) Instructions and information to respondents concerning	51995
the submission of proposals, including the name and address of the	51996
office where proposals are to be submitted;	51997

(b) Instructions regarding communications, including at least	51998
the names, titles, and telephone numbers of persons to whom	51999
questions concerning a proposal may be directed;	52000

(c) A description of the performance criteria that will be	52001
used to evaluate whether a respondent to which a contract is	52002
awarded is meeting the district's educational standards or the	52003
method by which such performance criteria will be determined;	52004

(d) Factors and criteria to be considered in evaluating	52005
proposals, the relative importance of each factor or criterion,	52006
and a description of the evaluation procedures to be followed;	52007

(e) Any terms or conditions of the proposed contract,	52008
including any requirement for a bond and the amount of such bond;	52009

(f) Documents that may be incorporated by reference into the	52010
request for proposals, provided that the request for proposals	52011
specifies where such documents may be obtained and that such	52012
documents are readily available to all interested parties.	52013

(2) After the date specified for receiving proposals, the	52014
board shall evaluate the submitted proposals and may hold	52015
discussions with any respondent to ensure a complete understanding	52016
of the proposal and the qualifications of such respondent to	52017
execute the proposed contract. Such qualifications shall include,	52018
but are not limited to, all of the following:	52019

(a) Demonstrated competence in performance of the required	52020
services as indicated by effective implementation of educational	52021
programs in reading and mathematics and at least three years of	52022
experience successfully serving a student population similar to	52023
the student population assigned to the alternative school;	52024

(b) Demonstrated performance in the areas of cost	52025
containment, the provision of educational services of a high	52026
quality, and any other areas determined by the board;	52027

(c) Whether the respondent has the resources to undertake the	52028
operation of the alternative school and to provide qualified	52029
personnel to staff the school;	52030

(d) Financial responsibility.

52031

(3) The board shall select for further review at least three	52032
proposals from respondents the board considers qualified to	52033
operate the alternative school in the best interests of the	52034
students and the district. If fewer than three proposals are	52035
submitted, the board shall select each proposal submitted. The	52036
board may cancel a request for proposals or reject all proposals	52037
at any time prior to the execution of a contract.	52038

The board may hold discussions with any of the three selected	52039
respondents to clarify or revise the provisions of a proposal or	52040
the proposed contract to ensure complete understanding between the	52041
board and the respondent of the terms under which a contract will	52042
be entered. Respondents shall be accorded fair and equal treatment	52043
with respect to any opportunity for discussion regarding	52044
clarifications or revisions. The board may terminate or	52045
discontinue any further discussion with a respondent upon written	52046
notice.	52047

(4) Upon further review of the three proposals selected by	52048
the board, the board shall award a contract to the respondent the	52049
board considers to have the most merit, taking into consideration	52050
the scope, complexity, and nature of the services to be performed	52051
by the respondent under the contract.	52052

(5) Except as provided in division (H)(6) of this section,	52053
the request for proposals, submitted proposals, and related	52054
documents shall become public records under section 149.43 of the	52055
Revised Code after the award of the contract.	52056

(6) Any respondent may request in writing that the board not	52057
disclose confidential or proprietary information or trade secrets	52058
contained in the proposal submitted by the respondent to the	52059
board. Any such request shall be accompanied by an offer of	52060
indemnification from the respondent to the board. The board shall	52061
determine whether to agree to the request and shall inform the	52062
respondent in writing of its decision. If the board agrees to	52063
nondisclosure of specified information in a proposal, such	52064
information shall not become a public record under section 149.43	52065
of the Revised Code. If the respondent withdraws its proposal at	52066
any time prior to the execution of a contract, the proposal shall	52067
not be a public record under section 149.43 of the Revised Code.	52068

(I) Upon a recommendation from the department and in	52069
accordance with section 3301.16 of the Revised Code, the state	52070
board of education may revoke the charter of any alternative	52071
school operated by a school district that violates this section.	52072

Sec. 3313.538. (A) No student who attends school in this	52073
state shall be denied the opportunity to participate in	52074
interscholastic athletics solely because the student's parents do	52075
not reside in this state, if the student resides in this state	52076
with the student's grandparent, uncle, aunt, or sibling who has	52077
legal or temporary custody of the student or is the guardian of	52078
the student.	52079

(B) No school district, school, interscholastic conference,	52080
or organization that regulates interscholastic conferences or	52081
events shall have a rule, bylaw, or other regulation that	52082
conflicts with this section.	52083

(C) As used in this section, "legal custody," "temporary	52084
custody," and "guardian" have the same meanings as in section	52085
2151.011 of the Revised Code.	52086

Sec. 3313.55. The board of education of any school district	52087
in which is located a state, district, county, or municipal	52088
hospital for children with epilepsy or any public institution,	52089
except state institutions for the care and treatment of	52090
delinquent, unstable, or socially maladjusted children, shall make	52091
provision for the education of all educable children therein;	52092
except that in the event another school district within the same	52093
county or an adjoining county is the source of sixty per cent or	52094
more of the children in said hospital or institution, the board of	52095
that school district shall make provision for the education of all	52096
the children therein. In any case in which a board provides	52097
educational facilities under this section, the board that provides	52098
the facilities shall be entitled to all moneys authorized for the	52099
attendance of pupils as provided in Chapter ~~3306. or~~ 3317. of the	52100
Revised Code, tuition as provided in section 3317.08 of the	52101
Revised Code, and such additional compensation as is provided for	52102
crippled children in sections 3323.01 to 3323.12 of the Revised	52103
Code. Any board that provides the educational facilities for	52104
children in county or municipal institutions established for the	52105
care and treatment of children who are delinquent, unstable, or	52106
socially maladjusted shall not be entitled to any moneys provided	52107
for crippled children in sections 3323.01 to 3323.12 of the	52108
Revised Code.	52109

Sec. 3313.603. (A) As used in this section:

52110

(1) "One unit" means a minimum of one hundred twenty hours of	52111
course instruction, except that for a laboratory course, "one	52112
unit" means a minimum of one hundred fifty hours of course	52113
instruction.	52114

(2) "One-half unit" means a minimum of sixty hours of course	52115
instruction, except that for physical education courses, "one-half	52116
unit" means a minimum of one hundred twenty hours of course	52117
instruction.	52118

(B) Beginning September 15, 2001, except as required in	52119
division (C) of this section and division (C) of section 3313.614	52120
of the Revised Code, the requirements for graduation from every	52121
high school shall include twenty units earned in grades nine	52122
through twelve and shall be distributed as follows:	52123

(1) English language arts, four units;

52124

(2) Health, one-half unit;

52125

(3) Mathematics, three units;

52126

(4) Physical education, one-half unit;

52127

(5) Science, two units until September 15, 2003, and three	52128
units thereafter, which at all times shall include both of the	52129
following:	52130

(a) Biological sciences, one unit;

52131

(b) Physical sciences, one unit.

52132

(6) Social studies, three units, which shall include both of	52133
the following:	52134

(a) American history, one-half unit;

52135

(b) American government, one-half unit.

52136

(7) Elective units, seven units until September 15, 2003, and	52137
six units thereafter.	52138

Each student's electives shall include at least one unit, or	52139
two half units, chosen from among the areas of	52140
business/technology, fine arts, and/or foreign language.	52141

(C) Beginning with students who enter ninth grade for the	52142
first time on or after July 1, 2010, except as provided in	52143
divisions (D) to (F) of this section, the requirements for	52144
graduation from every public and chartered nonpublic high school	52145
shall include twenty units that are designed to prepare students	52146
for the workforce and college. The units shall be distributed as	52147
follows:	52148

(1) English language arts, four units;

52149

(2) Health, one-half unit, which shall include instruction in	52150
nutrition and the benefits of nutritious foods and physical	52151
activity for overall health;	52152

(3) Mathematics, four units, which shall include one unit of	52153
algebra II or the equivalent of algebra II;	52154

(4) Physical education, one-half unit;

52155

(5) Science, three units with inquiry-based laboratory	52156
experience that engages students in asking valid scientific	52157
questions and gathering and analyzing information, which shall	52158
include the following, or their equivalent:	52159

(a) Physical sciences, one unit;

52160

(b) Life sciences, one unit;

52161

(c) Advanced study in one or more of the following sciences,	52162
one unit:	52163

(i) Chemistry, physics, or other physical science;

52164

(ii) Advanced biology or other life science;

52165

(iii) Astronomy, physical geology, or other earth or space	52166
science.	52167

(6) Social studies, three units, which shall include both of	52168
the following:	52169

(a) American history, one-half unit;

52170

(b) American government, one-half unit.

52171

Each school shall integrate the study of economics and	52172
financial literacy, as expressed in the social studies academic	52173
content standards adopted by the state board of education under	52174
division (A)(1) of section 3301.079 of the Revised Code and the	52175
academic content standards for financial literacy and	52176
entrepreneurship adopted under division (A)(2) of that section,	52177
into one or more existing social studies credits required under	52178
division (C)(6) of this section, or into the content of another	52179
class, so that every high school student receives instruction in	52180
those concepts. In developing the curriculum required by this	52181
paragraph, schools shall use available public-private partnerships	52182
and resources and materials that exist in business, industry, and	52183
through the centers for economics education at institutions of	52184
higher education in the state.	52185

(7) Five units consisting of one or any combination of	52186
foreign language, fine arts, business, career-technical education,	52187
family and consumer sciences, technology, agricultural education,	52188
a junior reserve officer training corps (JROTC) program approved	52189
by the congress of the United States under title 10 of the United	52190
States Code, or English language arts, mathematics, science, or	52191
social studies courses not otherwise required under division (C)	52192
of this section.	52193

Ohioans must be prepared to apply increased knowledge and	52194
skills in the workplace and to adapt their knowledge and skills	52195
quickly to meet the rapidly changing conditions of the	52196
twenty-first century. National studies indicate that all high	52197
school graduates need the same academic foundation, regardless of	52198
the opportunities they pursue after graduation. The goal of Ohio's	52199
system of elementary and secondary education is to prepare all	52200
students for and seamlessly connect all students to success in	52201
life beyond high school graduation, regardless of whether the next	52202
step is entering the workforce, beginning an apprenticeship,	52203
engaging in post-secondary training, serving in the military, or	52204
pursuing a college degree.	52205

The Ohio core curriculum is the standard expectation for all	52206
students entering ninth grade for the first time at a public or	52207
chartered nonpublic high school on or after July 1, 2010. A	52208
student may satisfy this expectation through a variety of methods,	52209
including, but not limited to, integrated, applied,	52210
career-technical, and traditional coursework.	52211

Whereas teacher quality is essential for student success in	52212
completing the Ohio core curriculum, the general assembly shall	52213
appropriate funds for strategic initiatives designed to strengthen	52214
schools' capacities to hire and retain highly qualified teachers	52215
in the subject areas required by the curriculum. Such initiatives	52216
are expected to require an investment of $120,000,000 over five	52217
years.	52218

Stronger coordination between high schools and institutions	52219
of higher education is necessary to prepare students for more	52220
challenging academic endeavors and to lessen the need for academic	52221
remediation in college, thereby reducing the costs of higher	52222
education for Ohio's students, families, and the state. The state	52223
board and the chancellor of the Ohio board of regents shall	52224
develop policies to ensure that only in rare instances will	52225
students who complete the Ohio core curriculum require academic	52226
remediation after high school.	52227

School districts, community schools, and chartered nonpublic	52228
schools shall integrate technology into learning experiences	52229
~~whenever practicable~~ across the curriculum in order to maximize	52230
efficiency, enhance learning, and prepare students for success in	52231
the technology-driven twenty-first century. Districts and schools	52232
~~may~~shall use distance and web-based course delivery as a method	52233
of providing or augmenting all instruction required under this	52234
division, including laboratory experience in science. Districts	52235
and schools shall ~~whenever practicable~~ utilize technology access	52236
and electronic learning opportunities provided by the eTech Ohio	52237
commission, the Ohio learning network, education technology	52238
centers, public television stations, and other public and private	52239
providers.	52240

(D) Except as provided in division (E) of this section, a	52241
student who enters ninth grade on or after July 1, 2010, and	52242
before July 1, 2014, may qualify for graduation from a public or	52243
chartered nonpublic high school even though the student has not	52244
completed the Ohio core curriculum prescribed in division (C) of	52245
this section if all of the following conditions are satisfied:	52246

(1) After the student has attended high school for two years,	52247
as determined by the school, the student and the student's parent,	52248
guardian, or custodian sign and file with the school a written	52249
statement asserting the parent's, guardian's, or custodian's	52250
consent to the student's graduating without completing the Ohio	52251
core curriculum and acknowledging that one consequence of not	52252
completing the Ohio core curriculum is ineligibility to enroll in	52253
most state universities in Ohio without further coursework.	52254

(2) The student and parent, guardian, or custodian fulfill	52255
any procedural requirements the school stipulates to ensure the	52256
student's and parent's, guardian's, or custodian's informed	52257
consent and to facilitate orderly filing of statements under	52258
division (D)(1) of this section.	52259

(3) The student and the student's parent, guardian, or	52260
custodian and a representative of the student's high school	52261
jointly develop an individual career plan for the student that	52262
specifies the student matriculating to a two-year degree program,	52263
acquiring a business and industry credential, or entering an	52264
apprenticeship.	52265

(4) The student's high school provides counseling and support	52266
for the student related to the plan developed under division	52267
(D)(3) of this section during the remainder of the student's high	52268
school experience.	52269

(5) The student successfully completes, at a minimum, the	52270
curriculum prescribed in division (B) of this section.	52271

The department of education, in collaboration with the	52272
chancellor, shall analyze student performance data to determine if	52273
there are mitigating factors that warrant extending the exception	52274
permitted by division (D) of this section to high school classes	52275
beyond those entering ninth grade before July 1, 2014. The	52276
department shall submit its findings and any recommendations not	52277
later than August 1, 2014, to the speaker and minority leader of	52278
the house of representatives, the president and minority leader of	52279
the senate, the chairpersons and ranking minority members of the	52280
standing committees of the house of representatives and the senate	52281
that consider education legislation, the state board of education,	52282
and the superintendent of public instruction.	52283

(E) Each school district and chartered nonpublic school	52284
retains the authority to require an even more rigorous minimum	52285
curriculum for high school graduation than specified in division	52286
(B) or (C) of this section. A school district board of education,	52287
through the adoption of a resolution, or the governing authority	52288
of a chartered nonpublic school may stipulate any of the	52289
following:	52290

(1) A minimum high school curriculum that requires more than	52291
twenty units of academic credit to graduate;	52292

(2) An exception to the district's or school's minimum high	52293
school curriculum that is comparable to the exception provided in	52294
division (D) of this section but with additional requirements,	52295
which may include a requirement that the student successfully	52296
complete more than the minimum curriculum prescribed in division	52297
(B) of this section;	52298

(3) That no exception comparable to that provided in division	52299
(D) of this section is available.	52300

(F) A student enrolled in a dropout prevention and recovery	52301
program, which program has received a waiver from the department,	52302
may qualify for graduation from high school by successfully	52303
completing a competency-based instructional program administered	52304
by the dropout prevention and recovery program in lieu of	52305
completing the Ohio core curriculum prescribed in division (C) of	52306
this section. The department shall grant a waiver to a dropout	52307
prevention and recovery program, within sixty days after the	52308
program applies for the waiver, if the program meets all of the	52309
following conditions:	52310

(1) The program serves only students not younger than sixteen	52311
years of age and not older than twenty-one years of age.	52312

(2) The program enrolls students who, at the time of their	52313
initial enrollment, either, or both, are at least one grade level	52314
behind their cohort age groups or experience crises that	52315
significantly interfere with their academic progress such that	52316
they are prevented from continuing their traditional programs.	52317

(3) The program requires students to attain at least the	52318
applicable score designated for each of the assessments prescribed	52319
under division (B)(1) of section 3301.0710 of the Revised Code or,	52320
to the extent prescribed by rule of the state board under division	52321
~~(E)~~(D)(6) of section 3301.0712 of the Revised Code, division	52322
(B)(2) of that section.	52323

(4) The program develops an individual career plan for the	52324
student that specifies the student's matriculating to a two-year	52325
degree program, acquiring a business and industry credential, or	52326
entering an apprenticeship.	52327

(5) The program provides counseling and support for the	52328
student related to the plan developed under division (F)(4) of	52329
this section during the remainder of the student's high school	52330
experience.	52331

(6) The program requires the student and the student's	52332
parent, guardian, or custodian to sign and file, in accordance	52333
with procedural requirements stipulated by the program, a written	52334
statement asserting the parent's, guardian's, or custodian's	52335
consent to the student's graduating without completing the Ohio	52336
core curriculum and acknowledging that one consequence of not	52337
completing the Ohio core curriculum is ineligibility to enroll in	52338
most state universities in Ohio without further coursework.	52339

(7) Prior to receiving the waiver, the program has submitted	52340
to the department an instructional plan that demonstrates how the	52341
academic content standards adopted by the state board under	52342
section 3301.079 of the Revised Code will be taught and assessed.	52343

If the department does not act either to grant the waiver or	52344
to reject the program application for the waiver within sixty days	52345
as required under this section, the waiver shall be considered to	52346
be granted.	52347

(G) Every high school may permit students below the ninth	52348
grade to take advanced work. If a high school so permits, it shall	52349
award high school credit for successful completion of the advanced	52350
work and shall count such advanced work toward the graduation	52351
requirements of division (B) or (C) of this section if the	52352
advanced work was both:	52353

(1) Taught by a person who possesses a license or certificate	52354
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	52355
Code that is valid for teaching high school;	52356

(2) Designated by the board of education of the city, local,	52357
or exempted village school district, the board of the cooperative	52358
education school district, or the governing authority of the	52359
chartered nonpublic school as meeting the high school curriculum	52360
requirements.	52361

Each high school shall record on the student's high school	52362
transcript all high school credit awarded under division (G) of	52363
this section. In addition, if the student completed a seventh- or	52364
eighth-grade fine arts course described in division (K) of this	52365
section and the course qualified for high school credit under that	52366
division, the high school shall record that course on the	52367
student's high school transcript.	52368

(H) The department shall make its individual academic career	52369
plan available through its Ohio career information system web site	52370
for districts and schools to use as a tool for communicating with	52371
and providing guidance to students and families in selecting high	52372
school courses.	52373

(I) Units earned in English language arts, mathematics,	52374
science, and social studies that are delivered through integrated	52375
academic and career-technical instruction are eligible to meet the	52376
graduation requirements of division (B) or (C) of this section.	52377

(J) The state board, in consultation with the chancellor,	52378
shall adopt a statewide plan implementing methods for students to	52379
earn units of high school credit based on a demonstration of	52380
subject area competency, instead of or in combination with	52381
completing hours of classroom instruction. The state board shall	52382
adopt the plan not later than March 31, 2009, and commence phasing	52383
in the plan during the 2009-2010 school year. The plan shall	52384
include a standard method for recording demonstrated proficiency	52385
on high school transcripts. Each school district,and community	52386
school~~, and chartered nonpublic school~~ shall comply with the state	52387
board's plan adopted under this division and award units of high	52388
school credit in accordance with the plan. The state board may	52389
adopt existing methods for earning high school credit based on a	52390
demonstration of subject area competency as necessary prior to the	52391
2009-2010 school year.	52392

(K) This division does not apply to students who qualify for	52393
graduation from high school under division (D) or (F) of this	52394
section, or to students pursuing a career-technical instructional	52395
track as determined by the school district board of education or	52396
the chartered nonpublic school's governing authority.	52397
Nevertheless, the general assembly encourages such students to	52398
consider enrolling in a fine arts course as an elective.	52399

Beginning with students who enter ninth grade for the first	52400
time on or after July 1, 2010, each student enrolled in a public	52401
or chartered nonpublic high school shall complete two semesters or	52402
the equivalent of fine arts to graduate from high school. The	52403
coursework may be completed in any of grades seven to twelve. Each	52404
student who completes a fine arts course in grade seven or eight	52405
may elect to count that course toward the five units of electives	52406
required for graduation under division (C)(7) of this section, if	52407
the course satisfied the requirements of division (G) of this	52408
section. In that case, the high school shall award the student	52409
high school credit for the course and count the course toward the	52410
five units required under division (C)(7) of this section. If the	52411
course in grade seven or eight did not satisfy the requirements of	52412
division (G) of this section, the high school shall not award the	52413
student high school credit for the course but shall count the	52414
course toward the two semesters or the equivalent of fine arts	52415
required by this division.	52416

(L) Notwithstanding anything to the contrary in this section,	52417
the board of education of each school district and the governing	52418
authority of each chartered nonpublic school may adopt a policy to	52419
excuse from the high school physical education requirement each	52420
student who, during high school, has participated in	52421
interscholastic athletics, marching band, or cheerleading for at	52422
least two full seasons or in the junior reserve officer training	52423
corps for at least two full school years. If the board or	52424
authority adopts such a policy, the board or authority shall not	52425
require the student to complete any physical education course as a	52426
condition to graduate. However, the student shall be required to	52427
complete one-half unit, consisting of at least sixty hours of	52428
instruction, in another course of study. In the case of a student	52429
who has participated in the junior reserve officer training corps	52430
for at least two full school years, credit received for that	52431
participation may be used to satisfy the requirement to complete	52432
one-half unit in another course of study.	52433

Sec. 3313.61. (A) A diploma shall be granted by the board of	52434
education of any city, exempted village, or local school district	52435
that operates a high school to any person to whom all of the	52436
following apply:	52437

(1) The person has successfully completed the curriculum in	52438
any high school or the individualized education program developed	52439
for the person by any high school pursuant to section 3323.08 of	52440
the Revised Code, or has qualified under division (D) or (F) of	52441
section 3313.603 of the Revised Code, provided that no school	52442
district shall require a student to remain in school for any	52443
specific number of semesters or other terms if the student	52444
completes the required curriculum early;	52445

(2) Subject to section 3313.614 of the Revised Code, the	52446
person has met the assessment requirements of division (A)(2)(a)	52447
or (b) of this section, as applicable.	52448

(a) If the person entered the ninth grade prior to the date	52449
prescribed by rule of the state board of education under division	52450
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the person	52451
either:	52452

(i) Has attained at least the applicable scores designated	52453
under division (B)(1) of section 3301.0710 of the Revised Code on	52454
all the assessments required by that division unless the person	52455
was excused from taking any such assessment pursuant to section	52456
3313.532 of the Revised Code or unless division (H) or (L) of this	52457
section applies to the person;	52458

(ii) Has satisfied the alternative conditions prescribed in	52459
section 3313.615 of the Revised Code.	52460

(b) If the person entered the ninth grade on or after the	52461
date prescribed by rule of the state board under division	52462
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the person has	52463
~~attained on~~met the requirements of the entire assessment system	52464
prescribed under division (B)(2) of section 3301.0710 of the	52465
Revised Code ~~at least the required passing composite score,~~	52466
~~designated under division (C)(1) of section 3301.0712 of the~~	52467
~~Revised Code~~, except to the extent that the person is excused from	52468
some portion of that assessment system pursuant to section	52469
3313.532 of the Revised Code or division (H) or (L) of this	52470
section.	52471

(3) The person is not eligible to receive an honors diploma	52472
granted pursuant to division (B) of this section.	52473

Except as provided in divisions (C), (E), (J), and (L) of	52474
this section, no diploma shall be granted under this division to	52475
anyone except as provided under this division.	52476

(B) In lieu of a diploma granted under division (A) of this	52477
section, an honors diploma shall be granted, in accordance with	52478
rules of the state board, by any such district board to anyone who	52479
accomplishes all of the following:	52480

(1) Successfully completes the curriculum in any high school	52481
or the individualized education program developed for the person	52482
by any high school pursuant to section 3323.08 of the Revised	52483
Code;	52484

(2) Subject to section 3313.614 of the Revised Code, has met	52485
the assessment requirements of division (B)(2)(a) or (b) of this	52486
section, as applicable.	52487

(a) If the person entered the ninth grade prior to the date	52488
prescribed by rule of the state board of education under division	52489
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the person	52490
either:	52491

(i) Has attained at least the applicable scores designated	52492
under division (B)(1) of section 3301.0710 of the Revised Code on	52493
all the assessments required by that division;	52494

(ii) Has satisfied the alternative conditions prescribed in	52495
section 3313.615 of the Revised Code.	52496

(b) If the person entered the ninth grade on or after the	52497
date prescribed by rule of the state board under division	52498
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the person has	52499
~~attained on~~met the requirements of the entire assessment system	52500
prescribed under division (B)(2) of section 3301.0710 of the	52501
Revised Code ~~at least the required passing composite score,~~	52502
~~designated under division (C)(1) of section 3301.0712 of the~~	52503
~~Revised Code~~.	52504

(3) Has met additional criteria established by the state	52505
board for the granting of such a diploma.	52506

An honors diploma shall not be granted to a student who is	52507
subject to the Ohio core curriculum prescribed in division (C) of	52508
section 3313.603 of the Revised Code but elects the option of	52509
division (D) or (F) of that section. Except as provided in	52510
divisions (C), (E), and (J) of this section, no honors diploma	52511
shall be granted to anyone failing to comply with this division	52512
and no more than one honors diploma shall be granted to any	52513
student under this division.	52514

The state board shall adopt rules prescribing the granting of	52515
honors diplomas under this division. These rules may prescribe the	52516
granting of honors diplomas that recognize a student's achievement	52517
as a whole or that recognize a student's achievement in one or	52518
more specific subjects or both. The rules may prescribe the	52519
granting of an honors diploma recognizing technical expertise for	52520
a career-technical student. In any case, the rules shall designate	52521
two or more criteria for the granting of each type of honors	52522
diploma the board establishes under this division and the number	52523
of such criteria that must be met for the granting of that type of	52524
diploma. The number of such criteria for any type of honors	52525
diploma shall be at least one less than the total number of	52526
criteria designated for that type and no one or more particular	52527
criteria shall be required of all persons who are to be granted	52528
that type of diploma.	52529

(C) Any district board administering any of the assessments	52530
required by section 3301.0710 of the Revised Code to any person	52531
requesting to take such assessment pursuant to division (B)(8)(b)	52532
of section 3301.0711 of the Revised Code shall award a diploma to	52533
such person if the person attains at least the applicable scores	52534
designated under division (B)(1) of section 3301.0710 of the	52535
Revised Code on all the assessments administered and if the person	52536
has previously attained the applicable scores on all the other	52537
assessments required by division (B)(1) of that section or has	52538
been exempted or excused from attaining the applicable score on	52539
any such assessment pursuant to division (H) or (L) of this	52540
section or from taking any such assessment pursuant to section	52541
3313.532 of the Revised Code.	52542

(D) Each diploma awarded under this section shall be signed	52543
by the president and treasurer of the issuing board, the	52544
superintendent of schools, and the principal of the high school.	52545
Each diploma shall bear the date of its issue, be in such form as	52546
the district board prescribes, and be paid for out of the	52547
district's general fund.	52548

(E) A person who is a resident of Ohio and is eligible under	52549
state board of education minimum standards to receive a high	52550
school diploma based in whole or in part on credits earned while	52551
an inmate of a correctional institution operated by the state or	52552
any political subdivision thereof, shall be granted such diploma	52553
by the correctional institution operating the programs in which	52554
such credits were earned, and by the board of education of the	52555
school district in which the inmate resided immediately prior to	52556
the inmate's placement in the institution. The diploma granted by	52557
the correctional institution shall be signed by the director of	52558
the institution, and by the person serving as principal of the	52559
institution's high school and shall bear the date of issue.	52560

(F) Persons who are not residents of Ohio but who are inmates	52561
of correctional institutions operated by the state or any	52562
political subdivision thereof, and who are eligible under state	52563
board of education minimum standards to receive a high school	52564
diploma based in whole or in part on credits earned while an	52565
inmate of the correctional institution, shall be granted a diploma	52566
by the correctional institution offering the program in which the	52567
credits were earned. The diploma granted by the correctional	52568
institution shall be signed by the director of the institution and	52569
by the person serving as principal of the institution's high	52570
school and shall bear the date of issue.	52571

(G) The state board of education shall provide by rule for	52572
the administration of the assessments required by section	52573
3301.0710 of the Revised Code to inmates of correctional	52574
institutions.	52575

(H) Any person to whom all of the following apply shall be	52576
exempted from attaining the applicable score on the assessment in	52577
social studies designated under division (B)(1) of section	52578
3301.0710 of the Revised Code, any social studies end-of-course	52579
examination required under division (B)(2) of that section if such	52580
an exemption is prescribed by rule of the state board under	52581
division ~~(E)~~(D)(4) of section 3301.0712 of the Revised Code, or	52582
the test in citizenship designated under former division (B) of	52583
section 3301.0710 of the Revised Code as it existed prior to	52584
September 11, 2001:	52585

(1) The person is not a citizen of the United States;

52586

(2) The person is not a permanent resident of the United	52587
States;	52588

(3) The person indicates no intention to reside in the United	52589
States after the completion of high school.	52590

(I) Notwithstanding division (D) of section 3311.19 and	52591
division (D) of section 3311.52 of the Revised Code, this section	52592
and section 3311.611 of the Revised Code do not apply to the board	52593
of education of any joint vocational school district or any	52594
cooperative education school district established pursuant to	52595
divisions (A) to (C) of section 3311.52 of the Revised Code.	52596

(J) Upon receipt of a notice under division (D) of section	52597
3325.08 of division (D) of section 3328.25 of the Revised Code	52598
that a student has received a diploma under ~~that~~either section,	52599
the board of education receiving the notice may grant a high	52600
school diploma under this section to the student, except that such	52601
board shall grant the student a diploma if the student meets the	52602
graduation requirements that the student would otherwise have had	52603
to meet to receive a diploma from the district. The diploma	52604
granted under this section shall be of the same type the notice	52605
indicates the student received under section 3325.08 or 3328.25 of	52606
the Revised Code.	52607

(K) As used in this division, "limited English proficient	52608
student" has the same meaning as in division (C)(3) of section	52609
3301.0711 of the Revised Code.	52610

Notwithstanding division (C)(3) of section 3301.0711 of the	52611
Revised Code, no limited English proficient student who has not	52612
either attained the applicable scores designated under division	52613
(B)(1) of section 3301.0710 of the Revised Code on all the	52614
assessments required by that division, or ~~attained the composite~~	52615
~~score designated for~~met the requirements of the assessments	52616
required by division (B)(2) of that section, shall be awarded a	52617
diploma under this section.	52618

(L) Any student described by division (A)(1) of this section	52619
may be awarded a diploma without attaining the applicable scores	52620
designated on the assessments prescribed under division (B) of	52621
section 3301.0710 of the Revised Code provided an individualized	52622
education program specifically exempts the student from attaining	52623
such scores. This division does not negate the requirement for	52624
such a student to take all such assessments or alternate	52625
assessments required by division (C)(1) of section 3301.0711 of	52626
the Revised Code for the purpose of assessing student progress as	52627
required by federal law.	52628

Sec. 3313.611. (A) The state board of education shall adopt,	52629
by rule, standards for awarding high school credit equivalent to	52630
credit for completion of high school academic and vocational	52631
education courses to applicants for diplomas under this section.	52632
The standards may permit high school credit to be granted to an	52633
applicant for any of the following:	52634

(1) Work experiences or experiences as a volunteer;

52635

(2) Completion of academic, vocational, or self-improvement	52636
courses offered to persons over the age of twenty-one by a	52637
chartered public or nonpublic school;	52638

(3) Completion of academic, vocational, or self-improvement	52639
courses offered by an organization, individual, or educational	52640
institution other than a chartered public or nonpublic school;	52641

(4) Other life experiences considered by the board to provide	52642
knowledge and learning experiences comparable to that gained in a	52643
classroom setting.	52644

(B) The board of education of any city, exempted village, or	52645
local school district that operates a high school shall grant a	52646
diploma of adult education to any applicant if all of the	52647
following apply:	52648

(1) The applicant is a resident of the district;

52649

(2) The applicant is over the age of twenty-one and has not	52650
been issued a diploma as provided in section 3313.61 of the	52651
Revised Code;	52652

(3) Subject to section 3313.614 of the Revised Code, the	52653
applicant has met the assessment requirements of division	52654
(B)(3)(a) or (b) of this section, as applicable.	52655

(a) Prior to the date prescribed by rule of the state board	52656
under division ~~(E)~~(D)(3) of section 3301.0712 of the Revised Code,	52657
the applicant either:	52658

(i) Has attained the applicable scores designated under	52659
division (B)(1) of section 3301.0710 of the Revised Code on all of	52660
the assessments required by that division or was excused or	52661
exempted from any such assessment pursuant to section 3313.532 or	52662
was exempted from attaining the applicable score on any such	52663
assessment pursuant to division (H) or (L) of section 3313.61 of	52664
the Revised Code;	52665

(ii) Has satisfied the alternative conditions prescribed in	52666
section 3313.615 of the Revised Code.	52667

(b) On or after the date prescribed by rule of the state	52668
board under division ~~(E)~~(D)(3) of section 3301.0712 of the	52669
Revised Code, has ~~attained on~~met the requirements of the entire	52670
assessment system prescribed under division (B)(2) of section	52671
3301.0710 of the Revised Code ~~at least the required passing~~	52672
~~composite score, designated under division (C)(1) of section~~	52673
~~3301.0712 of the Revised Code~~, except and only to the extent that	52674
the applicant is excused from some portion of that assessment	52675
system pursuant to section 3313.532 of the Revised Code or	52676
division (H) or (L) of section 3313.61 of the Revised Code.	52677

(4) The district board determines, in accordance with the	52678
standards adopted under division (A) of this section, that the	52679
applicant has attained sufficient high school credits, including	52680
equivalent credits awarded under such standards, to qualify as	52681
having successfully completed the curriculum required by the	52682
district for graduation.	52683

(C) If a district board determines that an applicant is not	52684
eligible for a diploma under division (B) of this section, it	52685
shall inform the applicant of the reason the applicant is	52686
ineligible and shall provide a list of any courses required for	52687
the diploma for which the applicant has not received credit. An	52688
applicant may reapply for a diploma under this section at any	52689
time.	52690

(D) If a district board awards an adult education diploma	52691
under this section, the president and treasurer of the board and	52692
the superintendent of schools shall sign it. Each diploma shall	52693
bear the date of its issuance, be in such form as the district	52694
board prescribes, and be paid for from the district's general	52695
fund, except that the state board may by rule prescribe standard	52696
language to be included on each diploma.	52697

(E) As used in this division, "limited English proficient	52698
student" has the same meaning as in division (C)(3) of section	52699
3301.0711 of the Revised Code.	52700

Notwithstanding division (C)(3) of section 3301.0711 of the	52701
Revised Code, no limited English proficient student who has not	52702
either attained the applicable scores designated under division	52703
(B)(1) of section 3301.0710 of the Revised Code on all the	52704
assessments required by that division, or ~~attained the composite~~	52705
~~score designated for~~has not met the requirements of the	52706
assessments required by division (B)(2) of that section, shall be	52707
awarded a diploma under this section.	52708

Sec. 3313.612. (A) No nonpublic school chartered by the	52709
state board of education shall grant a high school diploma to any	52710
person unless, subject to section 3313.614 of the Revised Code,	52711
the person has met the assessment requirements of division (A)(1)	52712
or (2) of this section, as applicable.	52713

(1) If the person entered the ninth grade prior to the date	52714
prescribed by rule of the state board under division ~~(E)~~(D)(2) of	52715
section 3301.0712 of the Revised Code, the person has attained at	52716
least the applicable scores designated under division (B)(1) of	52717
section 3301.0710 of the Revised Code on all the assessments	52718
required by that division, or has satisfied the alternative	52719
conditions prescribed in section 3313.615 of the Revised Code.	52720

(2) If the person entered the ninth grade on or after the	52721
date prescribed by rule of the state board under division (E)(2)	52722
of section 3301.0712 of the Revised Code, the person has ~~attained~~	52723
onmet the requirements of the entire assessment system	52724
prescribed under division (B)(2) of section 3301.0710 of the	52725
Revised Code ~~at least the required passing composite score,~~	52726
~~designated under division (C)(1) of section 3301.0712 of the~~	52727
~~Revised Code~~.	52728

(B) This section does not apply to either of the following:

52729

(1) Any person with regard to any assessment from which the	52730
person was excused pursuant to division (C)(1)(c) of section	52731
3301.0711 of the Revised Code;	52732

(2) Any person with regard to the social studies assessment	52733
under division (B)(1) of section 3301.0710 of the Revised Code,	52734
any social studies end-of-course examination required under	52735
division (B)(2) of that section if such an exemption is prescribed	52736
by rule of the state board of education under division ~~(E)~~(D)(4)	52737
of section 3301.0712 of the Revised Code, or the citizenship test	52738
under former division (B) of section 3301.0710 of the Revised Code	52739
as it existed prior to September 11, 2001, if all of the following	52740
apply:	52741

(a) The person is not a citizen of the United States;

52742

(b) The person is not a permanent resident of the United	52743
States;	52744

(c) The person indicates no intention to reside in the United	52745
States after completion of high school.	52746

(C) As used in this division, "limited English proficient	52747
student" has the same meaning as in division (C)(3) of section	52748
3301.0711 of the Revised Code.	52749

Notwithstanding division (C)(3) of section 3301.0711 of the	52750
Revised Code, no limited English proficient student who has not	52751
either attained the applicable scores designated under division	52752
(B)(1) of section 3301.0710 of the Revised Code on all the	52753
assessments required by that division, or ~~attained the composite~~	52754
~~score designated for~~met the requirements of the assessments	52755
~~required by~~under division (B)(2) of that section, shall be	52756
awarded a diploma under this section.	52757

Sec. 3313.614. (A) As used in this section, a person	52758
"fulfills the curriculum requirement for a diploma" at the time	52759
one of the following conditions is satisfied:	52760

(1) The person successfully completes the high school	52761
curriculum of a school district, a community school, a chartered	52762
nonpublic school, or a correctional institution.	52763

(2) The person successfully completes the individualized	52764
education program developed for the person under section 3323.08	52765
of the Revised Code.	52766

(3) A board of education issues its determination under	52767
section 3313.611 of the Revised Code that the person qualifies as	52768
having successfully completed the curriculum required by the	52769
district.	52770

(B) This division specifies the assessment requirements that	52771
must be fulfilled as a condition toward granting high school	52772
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	52773
of the Revised Code.	52774

(1) A person who fulfills the curriculum requirement for a	52775
diploma before September 15, 2000, is not required to pass any	52776
proficiency test or achievement test in science as a condition to	52777
receiving a diploma.	52778

(2) A person who began ninth grade prior to July 1, 2003, is	52779
not required to pass the Ohio graduation test prescribed under	52780
division (B)(1) of section 3301.0710 or any assessment prescribed	52781
under division (B)(2) of that section in any subject as a	52782
condition to receiving a diploma once the person has passed the	52783
ninth grade proficiency test in the same subject, so long as the	52784
person passed the ninth grade proficiency test prior to September	52785
15, 2008. However, any such person who passes the Ohio graduation	52786
test in any subject prior to passing the ninth grade proficiency	52787
test in the same subject shall be deemed to have passed the ninth	52788
grade proficiency test in that subject as a condition to receiving	52789
a diploma. For this purpose, the ninth grade proficiency test in	52790
citizenship substitutes for the Ohio graduation test in social	52791
studies. If a person began ninth grade prior to July 1, 2003, but	52792
does not pass a ninth grade proficiency test or the Ohio	52793
graduation test in a particular subject before September 15, 2008,	52794
and passage of a test in that subject is a condition for the	52795
person to receive a diploma, the person must pass the Ohio	52796
graduation test instead of the ninth grade proficiency test in	52797
that subject to receive a diploma.	52798

(3) A person who begins ninth grade on or after July 1, 2003,	52799
in a school district, community school, or chartered nonpublic	52800
school is not eligible to receive a diploma based on passage of	52801
ninth grade proficiency tests. Each such person who begins ninth	52802
grade prior to the date prescribed by the state board of education	52803
under division ~~(E)~~(D)(5) of section 3301.0712 of the Revised Code	52804
must pass Ohio graduation tests to meet the assessment	52805
requirements applicable to that person as a condition to receiving	52806
a diploma.	52807

(4) A person who begins ninth grade on or after the date	52808
prescribed by the state board of education under division	52809
~~(E)~~(D)(5) of section 3301.0712 of the Revised Code is not eligible	52810
to receive a diploma based on passage of the Ohio graduation	52811
tests. Each such person must ~~attain on~~meet the requirements of	52812
the entire assessment system prescribed under division (B)(2) of	52813
section 3301.0710 of the Revised Code ~~at least the required~~	52814
~~passing composite score, designated under division (C)(1) of~~	52815
~~section 3301.0712 of the Revised Code~~.	52816

(C) This division specifies the curriculum requirement that	52817
shall be completed as a condition toward granting high school	52818
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	52819
of the Revised Code.	52820

(1) A person who is under twenty-two years of age when the	52821
person fulfills the curriculum requirement for a diploma shall	52822
complete the curriculum required by the school district or school	52823
issuing the diploma for the first year that the person originally	52824
enrolled in high school, except for a person who qualifies for	52825
graduation from high school under either division (D) or (F) of	52826
section 3313.603 of the Revised Code.	52827

(2) Once a person fulfills the curriculum requirement for a	52828
diploma, the person is never required, as a condition of receiving	52829
a diploma, to meet any different curriculum requirements that take	52830
effect pending the person's passage of proficiency tests or	52831
achievement tests or assessments, including changes mandated by	52832
section 3313.603 of the Revised Code, the state board, a school	52833
district board of education, or a governing authority of a	52834
community school or chartered nonpublic school.	52835

Sec. 3313.617. (A) When a person who is at least sixteen	52836
years of age but less than nineteen years of age applies to the	52837
department of education to take the tests of general educational	52838
development, the person shall submit with the application written	52839
approval from the superintendent of the school district in which	52840
the person was last enrolled, or the superintendent's designee,	52841
except that if the person was last enrolled in a community school	52842
established under Chapter 3314. of the Revised Code or a science,	52843
technology, engineering, and mathematics school established under	52844
Chapter 3326. of the Revised Code, the approval shall be from the	52845
principal of the school, or the principal's designee. The	52846
department may require the person also to submit written approval	52847
from the person's parent or guardian or a court official, if the	52848
person is younger than eighteen years of age.	52849

(B) For the purpose of calculating graduation rates for the	52850
school district and building report cards under section 3302.03 of	52851
the Revised Code, the department shall count any person for whom	52852
approval is obtained from the superintendent or principal, or a	52853
designee, under division (A) of this section as a dropout from the	52854
district or school in which the person was last enrolled prior to	52855
obtaining the approval.	52856

Sec. 3313.64. (A) As used in this section and in section	52857
3313.65 of the Revised Code:	52858

(1)(a) Except as provided in division (A)(1)(b) of this	52859
section, "parent" means either parent, unless the parents are	52860
separated or divorced or their marriage has been dissolved or	52861
annulled, in which case "parent" means the parent who is the	52862
residential parent and legal custodian of the child. When a child	52863
is in the legal custody of a government agency or a person other	52864
than the child's natural or adoptive parent, "parent" means the	52865
parent with residual parental rights, privileges, and	52866
responsibilities. When a child is in the permanent custody of a	52867
government agency or a person other than the child's natural or	52868
adoptive parent, "parent" means the parent who was divested of	52869
parental rights and responsibilities for the care of the child and	52870
the right to have the child live with the parent and be the legal	52871
custodian of the child and all residual parental rights,	52872
privileges, and responsibilities.	52873

(b) When a child is the subject of a power of attorney	52874
executed under sections 3109.51 to 3109.62 of the Revised Code,	52875
"parent" means the grandparent designated as attorney in fact	52876
under the power of attorney. When a child is the subject of a	52877
caretaker authorization affidavit executed under sections 3109.64	52878
to 3109.73 of the Revised Code, "parent" means the grandparent	52879
that executed the affidavit.	52880

(2) "Legal custody," "permanent custody," and "residual	52881
parental rights, privileges, and responsibilities" have the same	52882
meanings as in section 2151.011 of the Revised Code.	52883

(3) "School district" or "district" means a city, local, or	52884
exempted village school district and excludes any school operated	52885
in an institution maintained by the department of youth services.	52886

(4) Except as used in division (C)(2) of this section, "home"	52887
means a home, institution, foster home, group home, or other	52888
residential facility in this state that receives and cares for	52889
children, to which any of the following applies:	52890

(a) The home is licensed, certified, or approved for such	52891
purpose by the state or is maintained by the department of youth	52892
services.	52893

(b) The home is operated by a person who is licensed,	52894
certified, or approved by the state to operate the home for such	52895
purpose.	52896

(c) The home accepted the child through a placement by a	52897
person licensed, certified, or approved to place a child in such a	52898
home by the state.	52899

(d) The home is a children's home created under section	52900
5153.21 or 5153.36 of the Revised Code.	52901

(5) "Agency" means all of the following:

52902

(a) A public children services agency;

52903

(b) An organization that holds a certificate issued by the	52904
Ohio department of job and family services in accordance with the	52905
requirements of section 5103.03 of the Revised Code and assumes	52906
temporary or permanent custody of children through commitment,	52907
agreement, or surrender, and places children in family homes for	52908
the purpose of adoption;	52909

(c) Comparable agencies of other states or countries that	52910
have complied with applicable requirements of section 2151.39 of	52911
the Revised Code or as applicable, sections 5103.20 to 5103.22 or	52912
5103.23 to 5103.237 of the Revised Code.	52913

(6) A child is placed for adoption if either of the following	52914
occurs:	52915

(a) An agency to which the child has been permanently	52916
committed or surrendered enters into an agreement with a person	52917
pursuant to section 5103.16 of the Revised Code for the care and	52918
adoption of the child.	52919

(b) The child's natural parent places the child pursuant to	52920
section 5103.16 of the Revised Code with a person who will care	52921
for and adopt the child.	52922

(7) "Preschool child with a disability" has the same meaning	52923
as in section 3323.01 of the Revised Code.	52924

(8) "Child," unless otherwise indicated, includes preschool	52925
children with disabilities.	52926

(9) "Active duty" means active duty pursuant to an executive	52927
order of the president of the United States, an act of the	52928
congress of the United States, or section 5919.29 or 5923.21 of	52929
the Revised Code.	52930

(B) Except as otherwise provided in section 3321.01 of the	52931
Revised Code for admittance to kindergarten and first grade, a	52932
child who is at least five but under twenty-two years of age and	52933
any preschool child with a disability shall be admitted to school	52934
as provided in this division.	52935

(1) A child shall be admitted to the schools of the school	52936
district in which the child's parent resides.	52937

(2) A child who does not reside in the district where the	52938
child's parent resides shall be admitted to the schools of the	52939
district in which the child resides if any of the following	52940
applies:	52941

(a) The child is in the legal or permanent custody of a	52942
government agency or a person other than the child's natural or	52943
adoptive parent.	52944

(b) The child resides in a home.

52945

52946

(3) A child who is not entitled under division (B)(2) of this	52947
section to be admitted to the schools of the district where the	52948
child resides and who is residing with a resident of this state	52949
with whom the child has been placed for adoption shall be admitted	52950
to the schools of the district where the child resides unless	52951
either of the following applies:	52952

(a) The placement for adoption has been terminated.

52953

(b) Another school district is required to admit the child	52954
under division (B)(1) of this section.	52955

Division (B) of this section does not prohibit the board of	52956
education of a school district from placing a child with a	52957
disability who resides in the district in a special education	52958
program outside of the district or its schools in compliance with	52959
Chapter 3323. of the Revised Code.	52960

(C) A district shall not charge tuition for children admitted	52961
under division (B)(1) or (3) of this section. If the district	52962
admits a child under division (B)(2) of this section, tuition	52963
shall be paid to the district that admits the child as provided in	52964
divisions (C)(1) to (3) of this section, unless division (C)(4) of	52965
this section applies to the child:	52966

(1) If the child receives special education in accordance	52967
with Chapter 3323. of the Revised Code, the school district of	52968
residence, as defined in section 3323.01 of the Revised Code,	52969
shall pay tuition for the child in accordance with section	52970
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code	52971
regardless of who has custody of the child or whether the child	52972
resides in a home.	52973

(2) For a child that does not receive special education in	52974
accordance with Chapter 3323. of the Revised Code, except as	52975
otherwise provided in division (C)(2)(d) of this section, if the	52976
child is in the permanent or legal custody of a government agency	52977
or person other than the child's parent, tuition shall be paid by:	52978

(a) The district in which the child's parent resided at the	52979
time the court removed the child from home or at the time the	52980
court vested legal or permanent custody of the child in the person	52981
or government agency, whichever occurred first;	52982

(b) If the parent's residence at the time the court removed	52983
the child from home or placed the child in the legal or permanent	52984
custody of the person or government agency is unknown, tuition	52985
shall be paid by the district in which the child resided at the	52986
time the child was removed from home or placed in legal or	52987
permanent custody, whichever occurred first;	52988

(c) If a school district cannot be established under division	52989
(C)(2)(a) or (b) of this section, tuition shall be paid by the	52990
district determined as required by section 2151.362 of the Revised	52991
Code by the court at the time it vests custody of the child in the	52992
person or government agency;	52993

(d) If at the time the court removed the child from home or	52994
vested legal or permanent custody of the child in the person or	52995
government agency, whichever occurred first, one parent was in a	52996
residential or correctional facility or a juvenile residential	52997
placement and the other parent, if living and not in such a	52998
facility or placement, was not known to reside in this state,	52999
tuition shall be paid by the district determined under division	53000
(D) of section 3313.65 of the Revised Code as the district	53001
required to pay any tuition while the parent was in such facility	53002
or placement;	53003

(e) If the department of education has determined, pursuant	53004
to division (A)(2) of section 2151.362 of the Revised Code, that a	53005
school district other than the one named in the court's initial	53006
order, or in a prior determination of the department, is	53007
responsible to bear the cost of educating the child, the district	53008
so determined shall be responsible for that cost.	53009

(3) If the child is not in the permanent or legal custody of	53010
a government agency or person other than the child's parent and	53011
the child resides in a home, tuition shall be paid by one of the	53012
following:	53013

(a) The school district in which the child's parent resides;

53014

(b) If the child's parent is not a resident of this state,	53015
the home in which the child resides.	53016

(4) Division (C)(4) of this section applies to any child who	53017
is admitted to a school district under division (B)(2) of this	53018
section, resides in a home that is not a foster home or a home	53019
maintained by the department of youth services, receives	53020
educational services at the home in which the child resides	53021
pursuant to a contract between the home and the school district	53022
providing those services, and does not receive special education.	53023

In the case of a child to which division (C)(4) of this	53024
section applies, the total educational cost to be paid for the	53025
child shall be determined by a formula approved by the department	53026
of education, which formula shall be designed to calculate a per	53027
diem cost for the educational services provided to the child for	53028
each day the child is served and shall reflect the total actual	53029
cost incurred in providing those services. The department shall	53030
certify the total educational cost to be paid for the child to	53031
both the school district providing the educational services and,	53032
if different, the school district that is responsible to pay	53033
tuition for the child. The department shall deduct the certified	53034
amount from the state basic aid funds payable under Chapter 3317.	53035
of the Revised Code to the district responsible to pay tuition and	53036
shall pay that amount to the district providing the educational	53037
services to the child.	53038

(D) Tuition required to be paid under divisions (C)(2) and	53039
(3)(a) of this section shall be computed in accordance with	53040
section 3317.08 of the Revised Code. Tuition required to be paid	53041
under division (C)(3)(b) of this section shall be computed in	53042
accordance with section 3317.081 of the Revised Code. If a home	53043
fails to pay the tuition required by division (C)(3)(b) of this	53044
section, the board of education providing the education may	53045
recover in a civil action the tuition and the expenses incurred in	53046
prosecuting the action, including court costs and reasonable	53047
attorney's fees. If the prosecuting attorney or city director of	53048
law represents the board in such action, costs and reasonable	53049
attorney's fees awarded by the court, based upon the prosecuting	53050
attorney's, director's, or one of their designee's time spent	53051
preparing and presenting the case, shall be deposited in the	53052
county or city general fund.	53053

(E) A board of education may enroll a child free of any	53054
tuition obligation for a period not to exceed sixty days, on the	53055
sworn statement of an adult resident of the district that the	53056
resident has initiated legal proceedings for custody of the child.	53057

(F) In the case of any individual entitled to attend school	53058
under this division, no tuition shall be charged by the school	53059
district of attendance and no other school district shall be	53060
required to pay tuition for the individual's attendance.	53061
Notwithstanding division (B), (C), or (E) of this section:	53062

(1) All persons at least eighteen but under twenty-two years	53063
of age who live apart from their parents, support themselves by	53064
their own labor, and have not successfully completed the high	53065
school curriculum or the individualized education program	53066
developed for the person by the high school pursuant to section	53067
3323.08 of the Revised Code, are entitled to attend school in the	53068
district in which they reside.	53069

(2) Any child under eighteen years of age who is married is	53070
entitled to attend school in the child's district of residence.	53071

(3) A child is entitled to attend school in the district in	53072
which either of the child's parents is employed if the child has a	53073
medical condition that may require emergency medical attention.	53074
The parent of a child entitled to attend school under division	53075
(F)(3) of this section shall submit to the board of education of	53076
the district in which the parent is employed a statement from the	53077
child's physician certifying that the child's medical condition	53078
may require emergency medical attention. The statement shall be	53079
supported by such other evidence as the board may require.	53080

(4) Any child residing with a person other than the child's	53081
parent is entitled, for a period not to exceed twelve months, to	53082
attend school in the district in which that person resides if the	53083
child's parent files an affidavit with the superintendent of the	53084
district in which the person with whom the child is living resides	53085
stating all of the following:	53086

(a) That the parent is serving outside of the state in the	53087
armed services of the United States;	53088

(b) That the parent intends to reside in the district upon	53089
returning to this state;	53090

(c) The name and address of the person with whom the child is	53091
living while the parent is outside the state.	53092

(5) Any child under the age of twenty-two years who, after	53093
the death of a parent, resides in a school district other than the	53094
district in which the child attended school at the time of the	53095
parent's death is entitled to continue to attend school in the	53096
district in which the child attended school at the time of the	53097
parent's death for the remainder of the school year, subject to	53098
approval of that district board.	53099

(6) A child under the age of twenty-two years who resides	53100
with a parent who is having a new house built in a school district	53101
outside the district where the parent is residing is entitled to	53102
attend school for a period of time in the district where the new	53103
house is being built. In order to be entitled to such attendance,	53104
the parent shall provide the district superintendent with the	53105
following:	53106

(a) A sworn statement explaining the situation, revealing the	53107
location of the house being built, and stating the parent's	53108
intention to reside there upon its completion;	53109

(b) A statement from the builder confirming that a new house	53110
is being built for the parent and that the house is at the	53111
location indicated in the parent's statement.	53112

(7) A child under the age of twenty-two years residing with a	53113
parent who has a contract to purchase a house in a school district	53114
outside the district where the parent is residing and who is	53115
waiting upon the date of closing of the mortgage loan for the	53116
purchase of such house is entitled to attend school for a period	53117
of time in the district where the house is being purchased. In	53118
order to be entitled to such attendance, the parent shall provide	53119
the district superintendent with the following:	53120

(a) A sworn statement explaining the situation, revealing the	53121
location of the house being purchased, and stating the parent's	53122
intent to reside there;	53123

(b) A statement from a real estate broker or bank officer	53124
confirming that the parent has a contract to purchase the house,	53125
that the parent is waiting upon the date of closing of the	53126
mortgage loan, and that the house is at the location indicated in	53127
the parent's statement.	53128

The district superintendent shall establish a period of time	53129
not to exceed ninety days during which the child entitled to	53130
attend school under division (F)(6) or (7) of this section may	53131
attend without tuition obligation. A student attending a school	53132
under division (F)(6) or (7) of this section shall be eligible to	53133
participate in interscholastic athletics under the auspices of	53134
that school, provided the board of education of the school	53135
district where the student's parent resides, by a formal action,	53136
releases the student to participate in interscholastic athletics	53137
at the school where the student is attending, and provided the	53138
student receives any authorization required by a public agency or	53139
private organization of which the school district is a member	53140
exercising authority over interscholastic sports.	53141

(8) A child whose parent is a full-time employee of a city,	53142
local, or exempted village school district, or of an educational	53143
service center, may be admitted to the schools of the district	53144
where the child's parent is employed, or in the case of a child	53145
whose parent is employed by an educational service center, in the	53146
district that serves the location where the parent's job is	53147
primarily located, provided the district board of education	53148
establishes such an admission policy by resolution adopted by a	53149
majority of its members. Any such policy shall take effect on the	53150
first day of the school year and the effective date of any	53151
amendment or repeal may not be prior to the first day of the	53152
subsequent school year. The policy shall be uniformly applied to	53153
all such children and shall provide for the admission of any such	53154
child upon request of the parent. No child may be admitted under	53155
this policy after the first day of classes of any school year.	53156

(9) A child who is with the child's parent under the care of	53157
a shelter for victims of domestic violence, as defined in section	53158
3113.33 of the Revised Code, is entitled to attend school free in	53159
the district in which the child is with the child's parent, and no	53160
other school district shall be required to pay tuition for the	53161
child's attendance in that school district.	53162

The enrollment of a child in a school district under this	53163
division shall not be denied due to a delay in the school	53164
district's receipt of any records required under section 3313.672	53165
of the Revised Code or any other records required for enrollment.	53166
Any days of attendance and any credits earned by a child while	53167
enrolled in a school district under this division shall be	53168
transferred to and accepted by any school district in which the	53169
child subsequently enrolls. The state board of education shall	53170
adopt rules to ensure compliance with this division.	53171

(10) Any child under the age of twenty-two years whose parent	53172
has moved out of the school district after the commencement of	53173
classes in the child's senior year of high school is entitled,	53174
subject to the approval of that district board, to attend school	53175
in the district in which the child attended school at the time of	53176
the parental move for the remainder of the school year and for one	53177
additional semester or equivalent term. A district board may also	53178
adopt a policy specifying extenuating circumstances under which a	53179
student may continue to attend school under division (F)(10) of	53180
this section for an additional period of time in order to	53181
successfully complete the high school curriculum for the	53182
individualized education program developed for the student by the	53183
high school pursuant to section 3323.08 of the Revised Code.	53184

(11) As used in this division, "grandparent" means a parent	53185
of a parent of a child. A child under the age of twenty-two years	53186
who is in the custody of the child's parent, resides with a	53187
grandparent, and does not require special education is entitled to	53188
attend the schools of the district in which the child's	53189
grandparent resides, provided that, prior to such attendance in	53190
any school year, the board of education of the school district in	53191
which the child's grandparent resides and the board of education	53192
of the school district in which the child's parent resides enter	53193
into a written agreement specifying that good cause exists for	53194
such attendance, describing the nature of this good cause, and	53195
consenting to such attendance.	53196

In lieu of a consent form signed by a parent, a board of	53197
education may request the grandparent of a child attending school	53198
in the district in which the grandparent resides pursuant to	53199
division (F)(11) of this section to complete any consent form	53200
required by the district, including any authorization required by	53201
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised	53202
Code. Upon request, the grandparent shall complete any consent	53203
form required by the district. A school district shall not incur	53204
any liability solely because of its receipt of a consent form from	53205
a grandparent in lieu of a parent.	53206

Division (F)(11) of this section does not create, and shall	53207
not be construed as creating, a new cause of action or substantive	53208
legal right against a school district, a member of a board of	53209
education, or an employee of a school district. This section does	53210
not affect, and shall not be construed as affecting, any	53211
immunities from defenses to tort liability created or recognized	53212
by Chapter 2744. of the Revised Code for a school district,	53213
member, or employee.	53214

(12) A child under the age of twenty-two years is entitled to	53215
attend school in a school district other than the district in	53216
which the child is entitled to attend school under division (B),	53217
(C), or (E) of this section provided that, prior to such	53218
attendance in any school year, both of the following occur:	53219

(a) The superintendent of the district in which the child is	53220
entitled to attend school under division (B), (C), or (E) of this	53221
section contacts the superintendent of another district for	53222
purposes of this division;	53223

(b) The superintendents of both districts enter into a	53224
written agreement that consents to the attendance and specifies	53225
that the purpose of such attendance is to protect the student's	53226
physical or mental well-being or to deal with other extenuating	53227
circumstances deemed appropriate by the superintendents.	53228

While an agreement is in effect under this division for a	53229
student who is not receiving special education under Chapter 3323.	53230
of the Revised Code and notwithstanding Chapter 3327. of the	53231
Revised Code, the board of education of neither school district	53232
involved in the agreement is required to provide transportation	53233
for the student to and from the school where the student attends.	53234

A student attending a school of a district pursuant to this	53235
division shall be allowed to participate in all student	53236
activities, including interscholastic athletics, at the school	53237
where the student is attending on the same basis as any student	53238
who has always attended the schools of that district while of	53239
compulsory school age.	53240

(13) All school districts shall comply with the	53241
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	53242
seq., for the education of homeless children. Each city, local,	53243
and exempted village school district shall comply with the	53244
requirements of that act governing the provision of a free,	53245
appropriate public education, including public preschool, to each	53246
homeless child.	53247

When a child loses permanent housing and becomes a homeless	53248
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	53249
such a homeless person changes temporary living arrangements, the	53250
child's parent or guardian shall have the option of enrolling the	53251
child in either of the following:	53252

(a) The child's school of origin, as defined in 42 U.S.C.A.	53253
11432(g)(3)(C);	53254

(b) The school that is operated by the school district in	53255
which the shelter where the child currently resides is located and	53256
that serves the geographic area in which the shelter is located.	53257

(14) A child under the age of twenty-two years who resides	53258
with a person other than the child's parent is entitled to attend	53259
school in the school district in which that person resides if both	53260
of the following apply:	53261

(a) That person has been appointed, through a military power	53262
of attorney executed under section 574(a) of the "National Defense	53263
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	53264
U.S.C. 1044b, or through a comparable document necessary to	53265
complete a family care plan, as the parent's agent for the care,	53266
custody, and control of the child while the parent is on active	53267
duty as a member of the national guard or a reserve unit of the	53268
armed forces of the United States or because the parent is a	53269
member of the armed forces of the United States and is on a duty	53270
assignment away from the parent's residence.	53271

(b) The military power of attorney or comparable document	53272
includes at least the authority to enroll the child in school.	53273

The entitlement to attend school in the district in which the	53274
parent's agent under the military power of attorney or comparable	53275
document resides applies until the end of the school year in which	53276
the military power of attorney or comparable document expires.	53277

(G) A board of education, after approving admission, may	53278
waive tuition for students who will temporarily reside in the	53279
district and who are either of the following:	53280

(1) Residents or domiciliaries of a foreign nation who	53281
request admission as foreign exchange students;	53282

(2) Residents or domiciliaries of the United States but not	53283
of Ohio who request admission as participants in an exchange	53284
program operated by a student exchange organization.	53285

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	53286
3327.04, and 3327.06 of the Revised Code, a child may attend	53287
school or participate in a special education program in a school	53288
district other than in the district where the child is entitled to	53289
attend school under division (B) of this section.	53290

(I)(1) Notwithstanding anything to the contrary in this	53291
section or section 3313.65 of the Revised Code, a child under	53292
twenty-two years of age may attend school in the school district	53293
in which the child, at the end of the first full week of October	53294
of the school year, was entitled to attend school as otherwise	53295
provided under this section or section 3313.65 of the Revised	53296
Code, if at that time the child was enrolled in the schools of the	53297
district but since that time the child or the child's parent has	53298
relocated to a new address located outside of that school district	53299
and within the same county as the child's or parent's address	53300
immediately prior to the relocation. The child may continue to	53301
attend school in the district, and at the school to which the	53302
child was assigned at the end of the first full week of October of	53303
the current school year, for the balance of the school year.	53304
Division (I)(1) of this section applies only if both of the	53305
following conditions are satisfied:	53306

(a) The board of education of the school district in which	53307
the child was entitled to attend school at the end of the first	53308
full week in October and of the district to which the child or	53309
child's parent has relocated each has adopted a policy to enroll	53310
children described in division (I)(1) of this section.	53311

(b) The child's parent provides written notification of the	53312
relocation outside of the school district to the superintendent of	53313
each of the two school districts.	53314

(2) At the beginning of the school year following the school	53315
year in which the child or the child's parent relocated outside of	53316
the school district as described in division (I)(1) of this	53317
section, the child is not entitled to attend school in the school	53318
district under that division.	53319

(3) Any person or entity owing tuition to the school district	53320
on behalf of the child at the end of the first full week in	53321
October, as provided in division (C) of this section, shall	53322
continue to owe such tuition to the district for the child's	53323
attendance under division (I)(1) of this section for the lesser of	53324
the balance of the school year or the balance of the time that the	53325
child attends school in the district under division (I)(1) of this	53326
section.	53327

(4) A pupil who may attend school in the district under	53328
division (I)(1) of this section shall be entitled to	53329
transportation services pursuant to an agreement between the	53330
district and the district in which the child or child's parent has	53331
relocated unless the districts have not entered into such	53332
agreement, in which case the child shall be entitled to	53333
transportation services in the same manner as a pupil attending	53334
school in the district under interdistrict open enrollment as	53335
described in division (H) of section 3313.981 of the Revised Code,	53336
regardless of whether the district has adopted an open enrollment	53337
policy as described in division (B)(1)(b) or (c) of section	53338
3313.98 of the Revised Code.	53339

(J) This division does not apply to a child receiving special	53340
education.	53341

A school district required to pay tuition pursuant to	53342
division (C)(2) or (3) of this section or section 3313.65 of the	53343
Revised Code shall have an amount deducted under division ~~(F)~~(C)	53344
of section 3317.023 of the Revised Code equal to its own tuition	53345
rate for the same period of attendance. A school district entitled	53346
to receive tuition pursuant to division (C)(2) or (3) of this	53347
section or section 3313.65 of the Revised Code shall have an	53348
amount credited under division ~~(F)~~(C) of section 3317.023 of the	53349
Revised Code equal to its own tuition rate for the same period of	53350
attendance. If the tuition rate credited to the district of	53351
attendance exceeds the rate deducted from the district required to	53352
pay tuition, the department of education shall pay the district of	53353
attendance the difference from amounts deducted from all	53354
districts' payments under division ~~(F)~~(C) of section 3317.023 of	53355
the Revised Code but not credited to other school districts under	53356
such division and from appropriations made for such purpose. The	53357
treasurer of each school district shall, by the fifteenth day of	53358
January and July, furnish the superintendent of public instruction	53359
a report of the names of each child who attended the district's	53360
schools under divisions (C)(2) and (3) of this section or section	53361
3313.65 of the Revised Code during the preceding six calendar	53362
months, the duration of the attendance of those children, the	53363
school district responsible for tuition on behalf of the child,	53364
and any other information that the superintendent requires.	53365

Upon receipt of the report the superintendent, pursuant to	53366
division ~~(F)~~(C) of section 3317.023 of the Revised Code, shall	53367
deduct each district's tuition obligations under divisions (C)(2)	53368
and (3) of this section or section 3313.65 of the Revised Code and	53369
pay to the district of attendance that amount plus any amount	53370
required to be paid by the state.	53371

(K) In the event of a disagreement, the superintendent of	53372
public instruction shall determine the school district in which	53373
the parent resides.	53374

(L) Nothing in this section requires or authorizes, or shall	53375
be construed to require or authorize, the admission to a public	53376
school in this state of a pupil who has been permanently excluded	53377
from public school attendance by the superintendent of public	53378
instruction pursuant to sections 3301.121 and 3313.662 of the	53379
Revised Code.	53380

(M) In accordance with division (B)(1) of this section, a	53381
child whose parent is a member of the national guard or a reserve	53382
unit of the armed forces of the United States and is called to	53383
active duty, or a child whose parent is a member of the armed	53384
forces of the United States and is ordered to a temporary duty	53385
assignment outside of the district, may continue to attend school	53386
in the district in which the child's parent lived before being	53387
called to active duty or ordered to a temporary duty assignment	53388
outside of the district, as long as the child's parent continues	53389
to be a resident of that district, and regardless of where the	53390
child lives as a result of the parent's active duty status or	53391
temporary duty assignment. However, the district is not	53392
responsible for providing transportation for the child if the	53393
child lives outside of the district as a result of the parent's	53394
active duty status or temporary duty assignment.	53395

Sec. 3313.642. (A) Except as provided in division (B) of	53396
this section and notwithstanding the provisions of sections	53397
3313.48 and 3313.64 of the Revised Code, the board of education of	53398
a city, exempted village, or local school district shall not be	53399
required to furnish, free of charge, to the pupils attending the	53400
public schools any materials used in a course of instruction with	53401
the exception of the necessary textbooks or electronic textbooks	53402
required to be furnished without charge pursuant to section	53403
3329.06 of the Revised Code. The board may, however, make	53404
provision by appropriations transferred from the general fund of	53405
the district or otherwise for furnishing free of charge any	53406
materials used in a course of instruction to such pupils as it	53407
determines are in serious financial need of such materials.	53408

(B) No board of education of a school district shall charge a	53409
fee to a pupil who is eligible for a free lunch under the	53410
"National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751,	53411
as amended, and the "Child Nutrition Act of 1966," 80 Stat. 885,	53412
42 U.S.C. 1771, as amended, for any materials needed to enable the	53413
pupil to participate fully in a course of instruction. The	53414
prohibition in this division against charging a fee does not apply	53415
to any fee charged for any of the following:	53416

(1) Any materials needed to enable a pupil to participate	53417
fully in extracurricular activities or in any pupil enrichment	53418
program that is not a course of instruction;	53419

(2) Any tools, equipment, and materials that are necessary	53420
for workforce-readiness training within a career-technical	53421
education program that, to the extent the tools, equipment, and	53422
materials are not consumed, may be retained by the student upon	53423
course completion.	53424

(C) Boards of education may adopt rules and regulations	53425
prescribing a schedule of fees for materials used in a course of	53426
instruction and prescribing a schedule of charges which may be	53427
imposed upon pupils for the loss, damage, or destruction of school	53428
apparatus, equipment, musical instruments, library material,	53429
textbooks, or electronic textbooks required to be furnished	53430
without charge, and for damage to school buildings, and may	53431
enforce the payment of such fees and charges by withholding the	53432
grades and credits of the pupils concerned.	53433

Sec. 3313.6410. This section applies to any school that is	53434
operated by a school district and in which the enrolled students	53435
work primarily on assignments in nonclassroom-based learning	53436
opportunities provided via an internet- or other computer-based	53437
instructional method.	53438

(A) Any school to which this section applies shall withdraw	53439
from the school any student who, for two consecutive school years,	53440
has failed to participate in the spring administration of any	53441
assessment prescribed under section 3301.0710 or 3301.0712 of the	53442
Revised Code for the student's grade level and was not excused	53443
from the assessment pursuant to division (C)(1) or (3) of section	53444
3301.0711 of the Revised Code, regardless of whether a waiver was	53445
granted for the student under division (E) of section 3317.03 of	53446
the Revised Code. The school shall report any such student's data	53447
verification code, as assigned pursuant to section 3301.0714 of	53448
the Revised Code, to the department of education to be added to	53449
the list maintained by the department under section 3314.26 of the	53450
Revised Code.	53451

(B) No school to which this section applies shall receive any	53452
state funds under Chapter ~~3306. or~~ 3317. of the Revised Code for	53453
any enrolled student whose data verification code appears on the	53454
list maintained by the department under section 3314.26 of the	53455
Revised Code. Notwithstanding any provision of the Revised Code to	53456
the contrary, the parent of any such student shall pay tuition to	53457
the school district that operates the school in an amount equal to	53458
the state funds the district otherwise would receive for that	53459
student, as determined by the department. A school to which this	53460
section applies may withdraw any student for whom the parent does	53461
not pay tuition as required by this division.	53462

Sec. 3313.65. (A) As used in this section and section	53463
3313.64 of the Revised Code:	53464

(1) A person is "in a residential facility" if the person is	53465
a resident or a resident patient of an institution, home, or other	53466
residential facility that is:	53467

(a) Licensed as a nursing home, residential care facility, or	53468
home for the aging by the director of health under section 3721.02	53469
of the Revised Code;	53470

(b) Licensed as an adult care facility by the director of	53471
mental health under ~~Chapter 3722.~~sections 5119.70 to 5119.88 of	53472
the Revised Code;	53473

(c) Maintained as a county home or district home by the board	53474
of county commissioners or a joint board of county commissioners	53475
under Chapter 5155. of the Revised Code;	53476

(d) Operated or administered by a board of alcohol, drug	53477
addiction, and mental health services under section 340.03 or	53478
340.06 of the Revised Code, or provides residential care pursuant	53479
to contracts made under section 340.03 or 340.033 of the Revised	53480
Code;	53481

(e) Maintained as a state institution for the mentally ill	53482
under Chapter 5119. of the Revised Code;	53483

(f) Licensed by the department of mental health under section	53484
5119.20 or 5119.22 of the Revised Code;	53485

(g) Licensed as a residential facility by the department of	53486
developmental disabilities under section 5123.19 of the Revised	53487
Code;	53488

(h) Operated by the veteran's administration or another	53489
agency of the United States government;	53490

(i) ~~The~~Operated by the Ohio ~~soldiers' and sailors'~~veterans'	53491
home.	53492

(2) A person is "in a correctional facility" if any of the	53493
following apply:	53494

(a) The person is an Ohio resident and is:

53495

(i) Imprisoned, as defined in section 1.05 of the Revised	53496
Code;	53497

(ii) Serving a term in a community-based correctional	53498
facility or a district community-based correctional facility;	53499

(iii) Required, as a condition of parole, a post-release	53500
control sanction, a community control sanction, transitional	53501
control, or early release from imprisonment, as a condition of	53502
shock parole or shock probation granted under the law in effect	53503
prior to July 1, 1996, or as a condition of a furlough granted	53504
under the version of section 2967.26 of the Revised Code in effect	53505
prior to March 17, 1998, to reside in a halfway house or other	53506
community residential center licensed under section 2967.14 of the	53507
Revised Code or a similar facility designated by the court of	53508
common pleas that established the condition or by the adult parole	53509
authority.	53510

(b) The person is imprisoned in a state correctional	53511
institution of another state or a federal correctional institution	53512
but was an Ohio resident at the time the sentence was imposed for	53513
the crime for which the person is imprisoned.	53514

(3) A person is "in a juvenile residential placement" if the	53515
person is an Ohio resident who is under twenty-one years of age	53516
and has been removed, by the order of a juvenile court, from the	53517
place the person resided at the time the person became subject to	53518
the court's jurisdiction in the matter that resulted in the	53519
person's removal.	53520

(4) "Community control sanction" has the same meaning as in	53521
section 2929.01 of the Revised Code.	53522

(5) "Post-release control sanction" has the same meaning as	53523
in section 2967.01 of the Revised Code.	53524

(B) If the circumstances described in division (C) of this	53525
section apply, the determination of what school district must	53526
admit a child to its schools and what district, if any, is liable	53527
for tuition shall be made in accordance with this section, rather	53528
than section 3313.64 of the Revised Code.	53529

(C) A child who does not reside in the school district in	53530
which the child's parent resides and for whom a tuition obligation	53531
previously has not been established under division (C)(2) of	53532
section 3313.64 of the Revised Code shall be admitted to the	53533
schools of the district in which the child resides if at least one	53534
of the child's parents is in a residential or correctional	53535
facility or a juvenile residential placement and the other parent,	53536
if living and not in such a facility or placement, is not known to	53537
reside in this state.	53538

(D) Regardless of who has custody or care of the child,	53539
whether the child resides in a home, or whether the child receives	53540
special education, if a district admits a child under division (C)	53541
of this section, tuition shall be paid to that district as	53542
follows:	53543

(1) If the child's parent is in a juvenile residential	53544
placement, by the district in which the child's parent resided at	53545
the time the parent became subject to the jurisdiction of the	53546
juvenile court;	53547

(2) If the child's parent is in a correctional facility, by	53548
the district in which the child's parent resided at the time the	53549
sentence was imposed;	53550

(3) If the child's parent is in a residential facility, by	53551
the district in which the parent resided at the time the parent	53552
was admitted to the residential facility, except that if the	53553
parent was transferred from another residential facility, tuition	53554
shall be paid by the district in which the parent resided at the	53555
time the parent was admitted to the facility from which the parent	53556
first was transferred;	53557

(4) In the event of a disagreement as to which school	53558
district is liable for tuition under division (C)(1), (2), or (3)	53559
of this section, the superintendent of public instruction shall	53560
determine which district shall pay tuition.	53561

(E) If a child covered by division (D) of this section	53562
receives special education in accordance with Chapter 3323. of the	53563
Revised Code, the tuition shall be paid in accordance with section	53564
3323.13 or 3323.14 of the Revised Code. Tuition for children who	53565
do not receive special education shall be paid in accordance with	53566
division (J) of section 3313.64 of the Revised Code.	53567

Sec. 3313.75. (A) The board of education of a city, exempted	53568
village, or local school district may authorize the opening of	53569
schoolhouses for any lawful purposes. ~~This~~	53570

(B) In accordance with this section and section 3313.77 of	53571
the Revised Code, a district board may rent or lease facilities	53572
under its control to any public or nonpublic institution of higher	53573
education for the institution's use in providing evening and	53574
summer classes.	53575

(C) This section does not authorize a board to rent or lease	53576
a schoolhouse when such rental or lease interferes with the public	53577
schools in such district, or for any purpose other than is	53578
authorized by law.	53579

Sec. 3313.816. ~~(A)~~ No public or chartered nonpublic school	53580
shall permit the sale of a la carte beverage items other than the	53581
following during the regular and extended school day:	53582

~~(1)~~(A) For a school in which the majority of grades offered	53583
are in the range from kindergarten to grade four:	53584

~~(a)~~(1) Water;

53585

~~(b)(i) Prior to January 1, 2014, eight ounces or less of~~	53586
~~low-fat or fat-free milk, including flavored milk, that contains~~	53587
~~not more than one hundred seventy calories per eight ounces;~~	53588

~~(ii) Beginning January 1, 2014, eight ounces or less of~~	53589
~~low-fat or fat-free milk, including flavored milk, that contains~~	53590
~~not more than one hundred fifty calories per eight ounces.~~	53591

~~(c)~~(2) Milk;

53592

(3) Eight ounces or less of one hundred per cent fruit juice,	53593
or a one hundred per cent fruit juice and water blend with no	53594
added sweeteners, that contains not more than one hundred sixty	53595
calories per eight ounces.	53596

~~(2)~~(B) For a school in which the majority of grades offered	53597
are in the range from grade five to grade eight:	53598

~~(a)~~(1) Water;

53599

~~(b)(i) Prior to January 1, 2014, eight ounces or less of~~	53600
~~low-fat or fat-free milk, including flavored milk, that contains~~	53601
~~not more than one hundred seventy calories per eight ounces;~~	53602

~~(ii) Beginning January 1, 2014, eight ounces or less of~~	53603
~~low-fat or fat-free milk, including flavored milk, that contains~~	53604
~~not more than one hundred fifty calories per eight ounces.~~	53605

~~(c)~~(2) Milk;

53606

(3) Ten ounces or less of one hundred per cent fruit juice,	53607
or a one hundred per cent fruit juice and water blend with no	53608
added sweeteners, that contains not more than one hundred sixty	53609
calories per eight ounces.	53610

~~(3)~~(C) For a school in which the majority of grades offered	53611
are in the range from grade nine to grade twelve:	53612

~~(a)~~(1) Water;

53613

~~(b)(i) Prior to January 1, 2014, sixteen ounces or less of~~	53614
~~low-fat or fat-free milk, including flavored milk, that contains~~	53615
~~not more than one hundred seventy calories per eight ounces;~~	53616

~~(ii) Beginning January 1, 2014, sixteen ounces or less of~~	53617
~~low-fat or fat-free milk, including flavored milk, that contains~~	53618
~~not more than one hundred fifty calories per eight ounces.~~	53619

~~(c)~~(2) Milk;

53620

(3) Twelve ounces or less of one hundred per cent fruit	53621
juice, or a one hundred per cent fruit juice and water blend with	53622
no added sweeteners, that contains not more than one hundred sixty	53623
calories per eight ounces;	53624

~~(d)~~(4) Twelve ounces or less of any beverage that contains	53625
not more than sixty-six calories per eight ounces;	53626

~~(e)~~(5) Any size of a beverage that contains not more than ten	53627
calories per eight ounces, which may include caffeinated beverages	53628
and beverages with added sweeteners, carbonation, or artificial	53629
flavoring.	53630

~~(B)~~(D) Each public and chartered nonpublic school shall	53631
require at least fifty per cent of the a la carte beverage items	53632
available for sale from each of the following sources during the	53633
regular and extended school day to be water or other beverages	53634
that contain not more than ten calories per eight ounces:	53635

(1) A school food service program;

53636

(2) A vending machine located on school property that does	53637
not sell only milk or reimbursable meals;	53638

(3) A store operated by the school, a student association, or	53639
other school-sponsored organization.	53640

Sec. 3313.842. (A) The boards of education or governing	53641
authorities of any two or more school districts or community	53642
schools may enter into an agreement for joint or cooperative	53643
establishment and operation of any educational program including	53644
any class, course, or program that may be included in a school	53645
district's or community school's graded course of study and staff	53646
development programs for teaching and nonteaching school	53647
employees. Each school district or community school that is party	53648
to such an agreement may contribute funds of the district or	53649
school in support of the agreement and for the establishment and	53650
operation of any educational program established under the	53651
agreement. The agreement shall designate one of the districts or	53652
community schools as ~~the district~~ responsible for receiving and	53653
disbursing the funds contributed by the ~~districts that are~~ parties	53654
to the agreement.	53655

(B) Notwithstanding sections 3313.48 and 3313.64 of the	53656
Revised Code, any school district that is party to an agreement	53657
for joint or cooperative establishment and operation of an	53658
educational program may charge fees or tuition for students who	53659
participate in the program and are entitled to attend school in	53660
the district under section 3313.64 or 3313.65 of the Revised Code.	53661
Except as otherwise provided in division (H) of section 3321.01 of	53662
the Revised Code, no community school that is party to the	53663
agreement shall charge fees or tuition for students who	53664
participate in the program and are reported by the school under	53665
division (B)(2) of section 3314.08 of the Revised Code.	53666

Sec. 3313.843. (A) Notwithstanding division (D) of section	53667
3311.52 of the Revised Code, this section does not apply to ~~either~~	53668
~~of the following:~~	53669

~~(1) Any~~any cooperative education school district;

53670

~~(2) Any city or exempted village school district with a total~~	53671
~~student count of thirteen thousand or more determined pursuant to~~	53672
~~section 3317.03 of the Revised Code that has not entered into one~~	53673
~~or more agreements pursuant to this section prior to July 1, 1993,~~	53674
~~unless the district's total student count did not exceed thirteen~~	53675
~~thousand at the time it entered into an initial agreement under~~	53676
~~this section~~.	53677

(B)(1) The board of education of aeach city or, exempted	53678
village, or local school district ~~and~~with an average daily	53679
student enrollment of sixteen thousand or less, reported for the	53680
district on the most recent report card issued under section	53681
3302.03 of the Revised Code, shall enter into an agreement with	53682
the governing board of an educational service center ~~may enter~~	53683
~~into an agreement, through adoption of identical resolutions~~,	53684
under which the educational service center governing board will	53685
provide services to the ~~city or exempted village school~~ district.	53686

(2) The board of education of a city, exempted village, or	53687
local school district with an average daily student enrollment of	53688
more than sixteen thousand may enter into an agreement with the	53689
governing board of an educational service center, under which the	53690
educational service center governing board will provide services	53691
to the district.	53692

(3) Services provided under ~~the~~an agreement entered into	53693
under division (B)(1) or (2) of this section shall be specified in	53694
the agreement, and may include any ~~one or a combination~~ of the	53695
following: supervisory teachers; in-service and continuing	53696
education programs for ~~city or exempted village school~~ district	53697
personnel; curriculum services ~~as provided to the local school~~	53698
~~districts under the supervision of the service center governing~~	53699
~~board~~; research and development programs; academic instruction for	53700
which the governing board employs teachers pursuant to section	53701
3319.02 of the Revised Code; ~~and~~ assistance in the provision of	53702
special accommodations and classes for students with disabilities;	53703
or any other services the district board and service center	53704
governing board agree can be better provided by the service center	53705
and are not provided under an agreement entered into under section	53706
3313.845 of the Revised Code. Services included in the agreement	53707
shall be provided to the ~~city or exempted village~~ district in the	53708
~~same~~ manner ~~they are provided to local school districts under the~~	53709
~~governing board's supervision, unless otherwise~~ specified in the	53710
agreement. The ~~city or exempted village~~district board of	53711
education shall reimburse the educational service center governing	53712
board pursuant to section 3317.11 of the Revised Code.	53713

(C) ~~If an educational service center received funding under~~	53714
~~division (B) of former section 3317.11 or division (F) of section~~	53715
~~3317.11 of the Revised Code for an agreement under this section~~	53716
~~involving a city school district whose total student count was~~	53717
~~less than thirteen thousand, the service center may continue to~~	53718
~~receive funding under that division for such an agreement in any~~	53719
~~subsequent year if the city district's total student count exceeds~~	53720
~~thirteen thousand. However, only the first thirteen thousand~~	53721
~~pupils in the formula ADM of such district shall be included in~~	53722
~~determining the amount of the per pupil subsidy the service center~~	53723
~~shall receive under division (F) of section 3317.11 of the Revised~~	53724
~~Code.~~	53725

~~(D)~~ Any agreement entered into pursuant to this section shall	53726
be ~~valid only if a copy is~~ filed with the department of education	53727
by the first day of July of the school year for which the	53728
agreement is in effect.	53729

(D)(1) An agreement for services from an educational service	53730
center entered into under this section may be terminated by the	53731
school district board of education, at its option, by notifying	53732
the governing board of the service center by January 1, 2012, or	53733
by the first day of January of any odd-numbered year thereafter,	53734
that the district board intends to terminate the agreement in that	53735
year, and that termination shall be effective on the thirtieth day	53736
of June of that year. The failure of a district board to notify an	53737
educational service center of its intent to terminate an agreement	53738
by the first day of January of an odd-numbered year shall result	53739
in renewal of the existing agreement for the following two school	53740
years.	53741

(2) If the school district that terminates an agreement for	53742
services under division (D)(1) of this section is also subject to	53743
the requirement of division (B)(1) of this section, the district	53744
board shall enter into a new agreement with a different	53745
educational service center so that the new agreement is effective	53746
on the first day of July of that same year.	53747

Sec. 3313.845. The board of education of a city, exempted	53748
village, or local school district and the governing board of an	53749
educational service center may enter into an agreement~~, through~~	53750
~~adoption of identical resolutions,~~ under which the educational	53751
service center will provide services to the school district.	53752
Services provided under the agreement and the amount to be paid	53753
for such services shall be mutually agreed to by the district	53754
board of education and the service center governing board, and	53755
shall be specified in the agreement. Payment for services	53756
specified in the agreement shall be made pursuant to division (D)	53757
of section 3317.11 of the Revised Code and shall not include any	53758
deduction under division (B), (C), or (F) of that section. Any	53759
agreement entered into pursuant to this section shall be valid	53760
only if a copy is filed with the department of education by the	53761
first day of the school year for which the agreement is in effect.	53762

The authority granted under this section to the boards of	53763
education of city ~~and~~, exempted village, and local school	53764
districts is in addition to the authority granted to such boards	53765
under section 3313.843 of the Revised Code. ~~No city or exempted~~	53766
~~village district that is eligible to receive services from an~~	53767
~~educational service center under section 3313.843 of the Revised~~	53768
~~Code may receive any of the services described in division (B) of~~	53769
~~that section pursuant to an agreement entered into with an~~	53770
~~educational service center under this section.~~	53771

~~If a local school district enters into an agreement with an~~	53772
~~educational service center under this section and the district is~~	53773
~~not located within the territory of the service center, the~~	53774
~~agreement shall not require the district to receive any~~	53775
~~supervisory services described in division (B) of section 3317.11~~	53776
~~of the Revised Code from the service center. The supervisory~~	53777
~~services described in that section shall be provided to the~~	53778
~~district by the educational service center of the territory in~~	53779
~~which the district is located.~~	53780

Sec. 3313.846. The governing board of an educational service	53781
center may enter into a contract with any political subdivision as	53782
defined in section 2744.01 of the Revised Code, not including	53783
school districts, community schools, or STEM schools contracting	53784
for services under section 3313.843, 3313.844, 3313.845, or	53785
3326.45 of the Revised Code, under which the educational service	53786
center will provide services to the political subdivision.	53787
Services provided under the contract and the amount to be paid for	53788
such services shall be mutually agreed to by the parties and shall	53789
be specified in the contract. The political subdivision shall	53790
directly pay an educational service center for services specified	53791
in the contract. The board of the educational service center shall	53792
file a copy of each contract entered into under this section with	53793
the department of education by the first day the contract is in	53794
effect.	53795

Sec. 3313.88. (A)(1) Prior to the first day of August of	53796
each school year, the board of education of any school district or	53797
the governing authority of any chartered nonpublic school may	53798
submit to the department of education a plan to require students	53799
to access and complete classroom lessons posted on the district's	53800
or nonpublic school's web portal or web site in order to make up	53801
days in that school year on which it is necessary to close schools	53802
for any of the reasons specified in division (B) of section	53803
3317.01 of the Revised Code in excess of the number of days	53804
permitted under sections 3313.48, 3313.481, and 3317.01 of the	53805
Revised Code.	53806

Prior to the first day of August of each school year, the	53807
governing authority of any community school established under	53808
Chapter 3314. that is not an internet- or computer-based community	53809
school, as defined in section 3314.02 of the Revised Code, may	53810
submit to the department a plan to require students to access and	53811
complete classroom lessons posted on the school's web portal or	53812
web site in order to make up days or hours in that school year on	53813
which it is necessary to close the school for any of the reasons	53814
specified in division (L)(4) of section 3314.08 of the Revised	53815
Code so that the school is in compliance with the minimum number	53816
of hours required under Chapter 3314. of the Revised Code.	53817

A plan submitted by a school district board or chartered	53818
nonpublic school governing authority shall provide for making up	53819
any number of days, up to a maximum of three days. A plan	53820
submitted by a community school governing authority shall provide	53821
for making up any number of hours, up to a maximum of the	53822
equivalent of three days. Provided the plan meets all requirements	53823
of this section, the department shall permit the board or	53824
governing authority to implement the plan for the applicable	53825
school year.	53826

(2) Each plan submitted under this section by a school	53827
district board of education shall include the written consent of	53828
the teachers' employee representative designated under division	53829
(B) of section 4117.04 of the Revised Code.	53830

(3) Each plan submitted under this section shall provide for	53831
the following:	53832

(a) Not later than the first day of November of the school	53833
year, each classroom teacher shall develop a sufficient number of	53834
lessons for each course taught by the teacher that school year to	53835
cover the number of make-up days or hours specified in the plan.	53836
The teacher shall designate the order in which the lessons are to	53837
be posted on the district's, community school's, or nonpublic	53838
school's web portal or web site in the event of a school closure.	53839
Teachers may be granted up to one professional development day to	53840
create lesson plans for those lessons.	53841

(b) To the extent possible and necessary, a classroom teacher	53842
shall update or replace, based on current instructional progress,	53843
one or more of the lesson plans developed under division (A)(3)(a)	53844
of this section before they are posted on the web portal or web	53845
site under division (A)(3)(c) of this section or distributed under	53846
division (B) of this section.	53847

(c) As soon as practicable after a school closure, a district	53848
or school employee responsible for web portal or web site	53849
operations shall make the designated lessons available to students	53850
on the district's, community school's, or nonpublic school's	53851
portal or site. A lesson shall be posted for each course that was	53852
scheduled to meet on the day or hours of the closure.	53853

(d) Each student enrolled in a course for which a lesson is	53854
posted on the portal or site shall be granted a two-week period	53855
from the date of posting to complete the lesson. The student's	53856
classroom teacher shall grade the lesson in the same manner as	53857
other lessons. The student may receive an incomplete or failing	53858
grade if the lesson is not completed on time.	53859

(e) If a student does not have access to a computer at the	53860
student's residence and the plan does not include blizzard bags	53861
under division (B) of this section, the student shall be permitted	53862
to work on the posted lessons at school after the student's school	53863
reopens. If the lessons were posted prior to the reopening, the	53864
student shall be granted a two-week period from the date of the	53865
reopening, rather than from the date of posting as otherwise	53866
required under division (A)(3)(d) of this section, to complete the	53867
lessons. The district board or community school or nonpublic	53868
school governing authority may provide the student access to a	53869
computer before, during, or after the regularly scheduled school	53870
day or may provide a substantially similar paper lesson in order	53871
to complete the lessons.	53872

(B)(1) In addition to posting classroom lessons online under	53873
division (A) of this section, the board of education of any school	53874
district or governing authority of any community or chartered	53875
nonpublic school may include in the plan distribution of "blizzard	53876
bags," which are paper copies of the lessons posted online.	53877

(2) If a school opts to use blizzard bags, teachers shall	53878
prepare paper copies in conjunction with the lessons to be posted	53879
online and update the paper copies whenever the teacher updates	53880
the online lesson plans.	53881

(3) The board of education of any school district or	53882
governing authority of any community or chartered nonpublic school	53883
that opts to use blizzard bags shall specify in the plan the	53884
method of distribution of blizzard bag lessons, which may include,	53885
but not be limited to, requiring distribution by a specific	53886
deadline or requiring distribution prior to anticipated school	53887
closure as directed by the superintendent of a school district or	53888
the principal, director, chief administrative officer, or the	53889
equivalent, of a school.	53890

(4) Students shall turn in completed lessons in accordance	53891
with division (A)(3)(d) of this section.	53892

(C)(1) No school district that implements a plan in	53893
accordance with this section shall be considered to have failed to	53894
comply with division (B) of section 3317.01 of the Revised Code	53895
with respect to the number of make-up days specified in the plan.	53896

(2) No community school that implements a plan in accordance	53897
with this section shall be considered to have failed to comply	53898
with the minimum number of hours required under Chapter 3314. of	53899
the Revised Code with respect to the number of make-up hours	53900
specified in the plan.	53901

Sec. 3313.911. The state board of education may adopt a	53902
resolution assigning a city, exempted village, or local school	53903
district that is not a part of a joint vocational school district	53904
to membership in a joint vocational school district. A copy of the	53905
resolution shall be certified to the board of education of the	53906
joint vocational school district and the board of education of the	53907
district proposed to be assigned. The board of education of the	53908
joint vocational school district shall advertise a copy of the	53909
resolution in a newspaper of general circulation in the district	53910
proposed to be assigned once each week for ~~at least~~ two weeks, or	53911
as provided in section 7.16 of the Revised Code, immediately	53912
following the certification of the resolution to the board. The	53913
assignment shall take effect on the ninety-first day after the	53914
state board adopts the resolution, unless prior to that date	53915
qualified electors residing in the school district proposed for	53916
assignment, equal in number to ten per cent of the qualified	53917
electors of that district voting at the last general election,	53918
file a petition against the assignment.	53919

The petition of referendum shall be filed with the treasurer	53920
of the board of education of the district proposed to be assigned	53921
to the joint vocational school district. The treasurer shall give	53922
the person presenting the petition a receipt showing the time of	53923
day, date, and purpose of the petition. The treasurer shall cause	53924
the board of elections to determine the sufficiency of signatures	53925
on the petition and if the signatures are found to be sufficient,	53926
shall present the petition to the board of education of the	53927
district. The board of education shall promptly certify the	53928
question to the board of elections for the purpose of having the	53929
question placed on the ballot at the next general, primary, or	53930
special election not earlier than sixty days after the date of the	53931
certification.	53932

Only those qualified electors residing in the district	53933
proposed for assignment to the joint vocational school district	53934
are qualified to vote on the question. If a majority of the	53935
electors voting on the question vote against the assignment, it	53936
shall not take place, and the state board of education shall	53937
require the district to contract with the joint vocational school	53938
district or another school district as authorized by section	53939
3313.91 of the Revised Code.	53940

If a majority of the electors voting on the question do not	53941
vote against the assignment, the assignment shall take immediate	53942
effect, and the board of education of the joint vocational school	53943
district shall notify the county auditor of the county in which	53944
the school district becoming a part of the joint vocational school	53945
district is located to have any outstanding levy of the joint	53946
vocational school district spread over the territory of the school	53947
district that has become a part of the joint vocational school	53948
district.	53949

The assignment of a school district to a joint vocational	53950
school district pursuant to this section is subject to any	53951
agreements made between the board of education of the assigned	53952
school district and the board of education of the joint vocational	53953
school district. Such an agreement may include provisions for a	53954
payment by the assigned school district to the joint vocational	53955
school district of an amount to be contributed toward the cost of	53956
the existing facilities of the joint vocational school district.	53957

On the assignment of a school district to a joint vocational	53958
school district pursuant to this section, the joint vocational	53959
school district's board of education shall submit a proposal to	53960
the state board of education to enlarge or reorganize the	53961
membership of the joint vocational school district's board of	53962
education if expansion or reorganization of the board is necessary	53963
in order to comply with section 3311.19 of the Revised Code.	53964

Sec. 3313.97. Notwithstanding division (D) of section	53965
3311.19 and division (D) of section 3311.52 of the Revised Code,	53966
this section does not apply to any joint vocational or cooperative	53967
education school district.	53968

(A) As used in this section:

53969

(1) "Parent" has the same meaning as in section 3313.64 of	53970
the Revised Code.	53971

(2) "Alternative school" means a school building other than	53972
the one to which a student is assigned by the district	53973
superintendent.	53974

(3) "IEP" has the same meaning as in section 3323.01 of the	53975
Revised Code.	53976

(B) The board of education of each city, local, and exempted	53977
village school district shall adopt an open enrollment policy	53978
allowing students entitled to attend school in the district	53979
pursuant to section 3313.64 or 3313.65 of the Revised Code to	53980
enroll in an alternative school. Each policy shall provide for the	53981
following:	53982

(1) Application procedures, including deadlines for	53983
application and for notification of students and principals of	53984
alternative schools whenever a student's application is accepted.	53985
The policy shall require a student to apply only if the student	53986
wishes to attend an alternative school.	53987

(2) The establishment of district capacity limits by grade	53988
level, school building, and education program;	53989

(3) A requirement that students enrolled in a school building	53990
or living in any attendance area of the school building	53991
established by the superintendent or board be given preference	53992
over applicants;	53993

(4) Procedures to ensure that an appropriate racial balance	53994
is maintained in the district schools.	53995

Each policy may permit a student to permanently transfer to	53996
an alternative school so that the student need not reapply	53997
annually for permission to attend the alternative school.	53998

(C) Except as provided in section 3313.982 of the Revised	53999
Code, the procedures for admitting applicants to alternative	54000
schools shall not include:	54001

(1) Any requirement of academic ability, or any level of	54002
athletic, artistic, or other extracurricular skills;	54003

(2) Limitations on admitting applicants because of disabling	54004
conditions, except that a board may require a student receiving	54005
services under Chapter 3323. of the Revised Code to attend school	54006
where the services described in the student's IEP are available;	54007

(3) A requirement that the student be proficient in the	54008
English language;	54009

(4) Rejection of any applicant because the student has been	54010
subject to disciplinary proceedings, except that if an applicant	54011
has been suspended or expelled for ten consecutive days or more in	54012
the term for which admission is sought or in the term immediately	54013
preceding the term for which admission is sought, the procedures	54014
may include a provision denying admission of such applicant to an	54015
alternative school.	54016

(D)(1) Notwithstanding Chapter 3327. of the Revised Code, and	54017
except as provided in division (D)(2) of this section, a district	54018
board is not required to provide transportation to a nondisabled	54019
student enrolled in an alternative school unless such student can	54020
be picked up and dropped off at a regular school bus stop	54021
designated in accordance with the board's transportation policy or	54022
unless the board is required to provide additional transportation	54023
to the student in accordance with a court-approved desegregation	54024
plan.	54025

(2) A district board shall provide transportation to any	54026
student described in 20 U.S.C. 6316(b)(1)(F) to the extent	54027
required by division (E) of section 3302.04 of the Revised Code,	54028
except that no district board shall be required to provide	54029
transportation to any such student after the school in which the	54030
student was enrolled immediately prior to enrolling in the	54031
alternative school makes adequate yearly progress, as defined in	54032
section 3302.01 of the Revised Code, for two consecutive school	54033
years.	54034

(E) Each school board shall provide information about the	54035
policy adopted under this section and the application procedures	54036
and deadlines to the parent of each student in the district and to	54037
the general public.	54038

(F) The state board of education shall monitor school	54039
districts to ensure compliance with this section and the	54040
districts' policies.	54041

Sec. 3313.975. As used in this section and in sections	54042
3313.975 to 3313.979 of the Revised Code, "the pilot project	54043
school district" or "the district" means any school district	54044
included in the pilot project scholarship program pursuant to this	54045
section.	54046

(A) The superintendent of public instruction shall establish	54047
a pilot project scholarship program and shall include in such	54048
program any school districts that are or have ever been under	54049
federal court order requiring supervision and operational	54050
management of the district by the state superintendent. The	54051
program shall provide for a number of students residing in any	54052
such district to receive scholarships to attend alternative	54053
schools, and for an equal number of students to receive tutorial	54054
assistance grants while attending public school in any such	54055
district.	54056

(B) The state superintendent shall establish an application	54057
process and deadline for accepting applications from students	54058
residing in the district to participate in the scholarship	54059
program. In the initial year of the program students may only use	54060
a scholarship to attend school in grades kindergarten through	54061
third.	54062

The state superintendent shall award as many scholarships and	54063
tutorial assistance grants as can be funded given the amount	54064
appropriated for the program. In no case, however, shall more than	54065
fifty per cent of all scholarships awarded be used by students who	54066
were enrolled in a nonpublic school during the school year of	54067
application for a scholarship.	54068

(C)(1) The pilot project program shall continue in effect	54069
each year that the general assembly has appropriated sufficient	54070
money to fund scholarships and tutorial assistance grants. In each	54071
year the program continues, no new students may receive	54072
scholarships ~~unless they are enrolled~~ in grades kindergarten to	54073
~~eight~~twelve. ~~However, any~~A student who has received a	54074
scholarship ~~the preceding year~~ may continue to receive one until	54075
the student has completed grade ~~ten. Beginning in the 2005-2006~~	54076
~~academic year, a student who previously has received a scholarship~~	54077
~~may receive a scholarship in grade eleven. Beginning in the~~	54078
~~2006-2007 academic year, a student who previously has received a~~	54079
~~scholarship may receive a scholarship in grade~~ twelve.	54080

(2) If the general assembly discontinues the scholarship	54081
program, all students who are attending an alternative school	54082
under the pilot project shall be entitled to continued admittance	54083
to that specific school through all grades that are provided in	54084
such school, under the same conditions as when they were	54085
participating in the pilot project. The state superintendent shall	54086
continue to make scholarship payments in accordance with division	54087
(A) or (B) of section 3313.979 of the Revised Code for students	54088
who remain enrolled in an alternative school under this provision	54089
in any year that funds have been appropriated for this purpose.	54090

If funds are not appropriated, the tuition charged to the	54091
parents of a student who remains enrolled in an alternative school	54092
under this provision shall not be increased beyond the amount	54093
equal to the amount of the scholarship plus any additional amount	54094
charged that student's parent in the most recent year of	54095
attendance as a participant in the pilot project, except that	54096
tuition for all the students enrolled in such school may be	54097
increased by the same percentage.	54098

(D) Notwithstanding sections 124.39, 3307.54, and 3319.17 of	54099
the Revised Code, if the pilot project school district experiences	54100
a decrease in enrollment due to participation in a state-sponsored	54101
scholarship program pursuant to sections 3313.974 to 3313.979 of	54102
the Revised Code, the district board of education may enter into	54103
an agreement with any teacher it employs to provide to that	54104
teacher severance pay or early retirement incentives, or both, if	54105
the teacher agrees to terminate the employment contract with the	54106
district board, provided any collective bargaining agreement in	54107
force pursuant to Chapter 4117. of the Revised Code does not	54108
prohibit such an agreement for termination of a teacher's	54109
employment contract.	54110

Sec. 3313.978. (A) Annually by the first day of November,	54111
the superintendent of public instruction shall notify the pilot	54112
project school district of the number of initial scholarships that	54113
the state superintendent will be awarding in each of grades	54114
kindergarten through ~~eight~~twelve.	54115

The state superintendent shall provide information about the	54116
scholarship program to all students residing in the district,	54117
shall accept applications from any such students until such date	54118
as shall be established by the state superintendent as a deadline	54119
for applications, and shall establish criteria for the selection	54120
of students to receive scholarships from among all those applying	54121
prior to the deadline, which criteria shall give preference to	54122
students from low-income families. For each student selected, the	54123
state superintendent shall also determine whether the student	54124
qualifies for seventy-five or ninety per cent of the scholarship	54125
amount. Students whose family income is at or above two hundred	54126
per cent of the maximum income level established by the state	54127
superintendent for low-income families shall qualify for	54128
seventy-five per cent of the scholarship amount and students whose	54129
family income is below two hundred per cent of that maximum income	54130
level shall qualify for ninety per cent of the scholarship amount.	54131
The state superintendent shall notify students of their selection	54132
prior to the fifteenth day of January and whether they qualify for	54133
seventy-five or ninety per cent of the scholarship amount.	54134

(1) A student receiving a pilot project scholarship may	54135
utilize it at an alternative public school by notifying the	54136
district superintendent, at any time before the beginning of the	54137
school year, of the name of the public school in an adjacent	54138
school district to which the student has been accepted pursuant to	54139
section 3327.06 of the Revised Code.	54140

(2) A student may decide to utilize a pilot project	54141
scholarship at a registered private school in the district if all	54142
of the following conditions are met:	54143

(a) By the fifteenth day of February of the preceding school	54144
year, or at any time prior to the start of the school year, the	54145
parent makes an application on behalf of the student to a	54146
registered private school.	54147

(b) The registered private school notifies the parent and the	54148
state superintendent as follows that the student has been	54149
admitted:	54150

(i) By the fifteenth day of March of the preceding school	54151
year if the student filed an application by the fifteenth day of	54152
February and was admitted by the school pursuant to division (A)	54153
of section 3313.977 of the Revised Code;	54154

(ii) Within one week of the decision to admit the student if	54155
the student is admitted pursuant to division (C) of section	54156
3313.977 of the Revised Code.	54157

(c) The student actually enrolls in the registered private	54158
school to which the student was first admitted or in another	54159
registered private school in the district or in a public school in	54160
an adjacent school district.	54161

(B) The state superintendent shall also award in any school	54162
year tutorial assistance grants to a number of students equal to	54163
the number of students who receive scholarships under division (A)	54164
of this section. Tutorial assistance grants shall be awarded	54165
solely to students who are enrolled in the public schools of the	54166
district in a grade level covered by the pilot project. Tutorial	54167
assistance grants may be used solely to obtain tutorial assistance	54168
from a provider approved pursuant to division (D) of section	54169
3313.976 of the Revised Code.	54170

All students wishing to obtain tutorial assistance grants	54171
shall make application to the state superintendent by the first	54172
day of the school year in which the assistance will be used. The	54173
state superintendent shall award assistance grants in accordance	54174
with criteria the superintendent shall establish. For each student	54175
awarded a grant, the state superintendent shall also determine	54176
whether the student qualifies for seventy-five or ninety per cent	54177
of the grant amount and so notify the student. Students whose	54178
family income is at or above two hundred per cent of the maximum	54179
income level established by the state superintendent for	54180
low-income families shall qualify for seventy-five per cent of the	54181
grant amount and students whose family income is below two hundred	54182
per cent of that maximum income level shall qualify for ninety per	54183
cent of the grant amount.	54184

(C)(1) In the case of basic scholarships for students in	54185
grades kindergarten through eight, the scholarship amount shall	54186
not exceed the lesser of the tuition charges of the alternative	54187
school the scholarship recipient attends or three thousand dollars	54188
before fiscal year 2007 ~~and~~, three thousand four hundred fifty	54189
dollars in fiscal year 2007 through fiscal year 2011, and four	54190
thousand two hundred fifty dollars in fiscal year 2012 and	54191
thereafter.	54192

In the case of basic scholarships for students in grades nine	54193
through twelve, the scholarship amount shall not exceed the lesser	54194
of the tuition charges of the alternative school the scholarship	54195
recipient attends or two thousand seven hundred dollars before	54196
fiscal year 2007 ~~and~~, three thousand four hundred fifty dollars in	54197
fiscal year 2007 through fiscal year 2011, and five thousand	54198
dollars in fiscal year 2012 and thereafter.	54199

(2) The state superintendent shall provide for an increase in	54200
the basic scholarship amount in the case of any student who is a	54201
mainstreamed student with a disability and shall further increase	54202
such amount in the case of any separately educated student with a	54203
disability. Such increases shall take into account the	54204
instruction, related services, and transportation costs of	54205
educating such students.	54206

(3) In the case of tutorial assistance grants, the grant	54207
amount shall not exceed the lesser of the provider's actual	54208
charges for such assistance or:	54209

(a) Before fiscal year 2007, a percentage established by the	54210
state superintendent, not to exceed twenty per cent, of the amount	54211
of the pilot project school district's average basic scholarship	54212
amount;	54213

(b) In fiscal year 2007 and thereafter, four hundred dollars.

54214

(4) No scholarship or tutorial assistance grant shall be	54215
awarded unless the state superintendent determines that	54216
twenty-five or ten per cent, as applicable, of the amount	54217
specified for such scholarship or grant pursuant to division	54218
(C)(1), (2), or (3) of this section will be furnished by a	54219
political subdivision, a private nonprofit or for profit entity,	54220
or another person. Only seventy-five or ninety per cent of such	54221
amounts, as applicable, shall be paid from state funds pursuant to	54222
section 3313.979 of the Revised Code.	54223

(D)(1) Annually by the first day of November, the state	54224
superintendent shall estimate the maximum per-pupil scholarship	54225
amounts for the ensuing school year. The state superintendent	54226
shall make this estimate available to the general public at the	54227
offices of the district board of education together with the forms	54228
required by division (D)(2) of this section.	54229

(2) Annually by the fifteenth day of January, the chief	54230
administrator of each registered private school located in the	54231
pilot project district and the principal of each public school in	54232
such district shall complete a parental information form and	54233
forward it to the president of the board of education. The	54234
parental information form shall be prescribed by the department of	54235
education and shall provide information about the grade levels	54236
offered, the numbers of students, tuition amounts, achievement	54237
test results, and any sectarian or other organizational	54238
affiliations.	54239

(E)(1) Only for the purpose of administering the pilot	54240
project scholarship program, the department may request from any	54241
of the following entities the data verification code assigned	54242
under division (D)(2) of section 3301.0714 of the Revised Code to	54243
any student who is seeking a scholarship under the program:	54244

(a) The school district in which the student is entitled to	54245
attend school under section 3313.64 or 3313.65 of the Revised	54246
Code;	54247

(b) If applicable, the community school in which the student	54248
is enrolled;	54249

(c) The independent contractor engaged to create and maintain	54250
data verification codes.	54251

(2) Upon a request by the department under division (E)(1) of	54252
this section for the data verification code of a student seeking a	54253
scholarship or a request by the student's parent for that code,	54254
the school district or community school shall submit that code to	54255
the department or parent in the manner specified by the	54256
department. If the student has not been assigned a code, because	54257
the student will be entering kindergarten during the school year	54258
for which the scholarship is sought, the district shall assign a	54259
code to that student and submit the code to the department or	54260
parent by a date specified by the department. If the district does	54261
not assign a code to the student by the specified date, the	54262
department shall assign a code to the student.	54263

The department annually shall submit to each school district	54264
the name and data verification code of each student residing in	54265
the district who is entering kindergarten, who has been awarded a	54266
scholarship under the program, and for whom the department has	54267
assigned a code under this division.	54268

(3) The department shall not release any data verification	54269
code that it receives under division (E) of this section to any	54270
person except as provided by law.	54271

(F) Any document relative to the pilot project scholarship	54272
program that the department holds in its files that contains both	54273
a student's name or other personally identifiable information and	54274
the student's data verification code shall not be a public record	54275
under section 149.43 of the Revised Code.	54276

(G)(1) The department annually shall compile the scores	54277
attained by scholarship students enrolled in registered private	54278
schools on the assessments administered to the students pursuant	54279
to division (A)(11) of section 3313.976 of the Revised Code. The	54280
scores shall be aggregated as follows:	54281

(a) By school district, which shall include all scholarship	54282
students residing in the pilot project school district who are	54283
enrolled in a registered private school and were required to take	54284
an assessment pursuant to division (A)(11) of section 3313.976 of	54285
the Revised Code;	54286

(b) By registered private school, which shall include all	54287
scholarship students enrolled in that school who were required to	54288
take an assessment pursuant to division (A)(11) of section	54289
3313.976 of the Revised Code.	54290

(2) The department shall disaggregate the student performance	54291
data described in division (G)(1) of this section according to the	54292
following categories:	54293

(a) Age;

54294

(b) Race and ethnicity;

54295

54296

(d) Students who have participated in the scholarship program	54297
for three or more years;	54298

(e) Students who have participated in the scholarship program	54299
for more than one year and less than three years;	54300

(f) Students who have participated in the scholarship program	54301
for one year or less;	54302

(g) Economically disadvantaged students.

54303

(3) The department shall post the student performance data	54304
required under divisions (G)(1) and (2) of this section on its web	54305
site and shall include that data in the information about the	54306
scholarship program provided to students under division (A) of	54307
this section. In reporting student performance data under this	54308
division, the department shall not include any data that is	54309
statistically unreliable or that could result in the	54310
identification of individual students. For this purpose, the	54311
department shall not report performance data for any group that	54312
contains less than ten students.	54313

(4) The department shall provide the parent of each	54314
scholarship student enrolled in a registered private school with	54315
information comparing the student's performance on the assessments	54316
administered pursuant to division (A)(11) of section 3313.976 of	54317
the Revised Code with the average performance of similar students	54318
enrolled in the building operated by the pilot project school	54319
district that the scholarship student would otherwise attend. In	54320
calculating the performance of similar students, the department	54321
shall consider age, grade, race and ethnicity, gender, and	54322
socioeconomic status.	54323

Sec. 3313.981. (A) The state board of education shall adopt	54324
rules requiring all of the following:	54325

(1) The board of education of each city, exempted village,	54326
and local school district to annually report to the department of	54327
education all of the following:	54328

(a) The number of adjacent district or other district	54329
students, as applicable, and adjacent district or other district	54330
joint vocational students, as applicable, enrolled in the district	54331
and the number of native students enrolled in adjacent or other	54332
districts, in accordance with a policy adopted under division (B)	54333
of section 3313.98 of the Revised Code;	54334

(b) Each adjacent district or other district student's or	54335
adjacent district or other district joint vocational student's	54336
date of enrollment in the district;	54337

(c) The full-time equivalent number of adjacent district or	54338
other district students enrolled in vocational education programs	54339
or classes described in division (A) of section 3317.014 of the	54340
Revised Code and the full-time equivalent number of such students	54341
enrolled in vocational education programs or classes described in	54342
division (B) of that section;	54343

(d) Each native student's date of enrollment in an adjacent	54344
or other district.	54345

(2) The board of education of each joint vocational school	54346
district to annually report to the department all of the	54347
following:	54348

(a) The number of adjacent district or other district joint	54349
vocational students, as applicable, enrolled in the district;	54350

(b) The full-time equivalent number of adjacent district or	54351
other district joint vocational students enrolled in vocational	54352
education programs or classes described in division (A) of section	54353
3317.014 of the Revised Code and the full-time equivalent number	54354
of such students enrolled in vocational education programs or	54355
classes described in division (B) of that section;	54356

(c) For each adjacent district or other district joint	54357
vocational student, the city, exempted village, or local school	54358
district in which the student is also enrolled.	54359

(3) Prior to the first full school week in October each year,	54360
the superintendent of each city, local, or exempted village school	54361
district that admits adjacent district or other district students	54362
or adjacent district or other district joint vocational students	54363
in accordance with a policy adopted under division (B) of section	54364
3313.98 of the Revised Code to notify each adjacent or other	54365
district where those students are entitled to attend school under	54366
section 3313.64 or 3313.65 of the Revised Code of the number of	54367
the adjacent or other district's native students who are enrolled	54368
in the superintendent's district under the policy.	54369

The rules shall provide for the method of counting students	54370
who are enrolled for part of a school year in an adjacent or other	54371
district or as an adjacent district or other district joint	54372
vocational student.	54373

(B) From the payments made to a city, exempted village, or	54374
local school district under Chapter ~~3306.~~3317. of the Revised	54375
Code and, if necessary, from the payments made to the district	54376
under sections 321.24 and 323.156 of the Revised Code, the	54377
department of education shall annually subtract both of the	54378
following:	54379

(1) An amount equal to the number of the district's native	54380
students reported under division (A)(1) of this section who are	54381
enrolled in adjacent or other school districts pursuant to	54382
policies adopted by such districts under division (B) of section	54383
3313.98 of the Revised Code multiplied by the adjusted formula	54384
amount;	54385

(2) The excess costs computed in accordance with division (E)	54386
of this section for any such native students receiving special	54387
education and related services in adjacent or other school	54388
districts or as an adjacent district or other district joint	54389
vocational student;	54390

(3) For the full-time equivalent number of the district's	54391
native students reported under division (A)(1)(c) or (2)(b) of	54392
this section as enrolled in vocational education programs or	54393
classes described in section 3317.014 of the Revised Code, an	54394
amount equal to ~~the formula amount~~$5,732 times the applicable	54395
multiple prescribed by that section.	54396

(C) To the payments made to a city, exempted village, or	54397
local school district under Chapter ~~3306.~~3317. of the Revised	54398
Code, the department of education shall annually add all of the	54399
following:	54400

(1) An amount equal to the adjusted formula amount multiplied	54401
by the remainder obtained by subtracting the number of adjacent	54402
district or other district joint vocational students from the	54403
number of adjacent district or other district students enrolled in	54404
the district, as reported under division (A)(1) of this section;	54405

(2) The excess costs computed in accordance with division (E)	54406
of this section for any adjacent district or other district	54407
students, except for any adjacent or other district joint	54408
vocational students, receiving special education and related	54409
services in the district;	54410

(3) For the full-time equivalent number of the adjacent or	54411
other district students who are not adjacent district or other	54412
district joint vocational students and are reported under division	54413
(A)(1)(c) of this section as enrolled in vocational education	54414
programs or classes described in section 3317.014 of the Revised	54415
Code, an amount equal to ~~the formula amount~~$5,732 times the	54416
applicable multiple prescribed by that section;	54417

(4) An amount equal to the number of adjacent district or	54418
other district joint vocational students reported under division	54419
(A)(1) of this section multiplied by an amount equal to twenty per	54420
cent of the adjusted formula amount.	54421

(D) To the payments made to a joint vocational school	54422
district under Chapter 3317. of the Revised Code, the department	54423
of education shall add, for each adjacent district or other	54424
district joint vocational student reported under division (A)(2)	54425
of this section, both of the following:	54426

(1) The adjusted formula amount;

54427

(2) An amount equal to the full-time equivalent number of	54428
students reported pursuant to division (A)(2)(b) of this section	54429
times ~~the formula amount~~$5,732 times the applicable multiple	54430
prescribed by section 3317.014 of the Revised Code.	54431

(E)(1) A city, exempted village, or local school board	54432
providing special education and related services to an adjacent or	54433
other district student in accordance with an IEP shall, pursuant	54434
to rules of the state board, compute the excess costs to educate	54435
such student as follows:	54436

(a) Subtract the adjusted formula amount from the actual	54437
costs to educate the student;	54438

(b) From the amount computed under division (E)(1)(a) of this	54439
section subtract the amount of any funds received by the district	54440
under Chapter ~~3306.~~3317. of the Revised Code to provide special	54441
education and related services to the student.	54442

(2) The board shall report the excess costs computed under	54443
this division to the department of education.	54444

(3) If any student for whom excess costs are computed under	54445
division (E)(1) of this section is an adjacent or other district	54446
joint vocational student, the department of education shall add	54447
the amount of such excess costs to the payments made under Chapter	54448
~~3306.~~3317. of the Revised Code to the joint vocational school	54449
district enrolling the student.	54450

(F) As provided in division (D)(1)(b) of section 3317.03 of	54451
the Revised Code, no joint vocational school district shall count	54452
any adjacent or other district joint vocational student enrolled	54453
in the district in its formula ADM certified under section 3317.03	54454
of the Revised Code.	54455

(G) No city, exempted village, or local school district shall	54456
receive a payment under division (C) of this section for a	54457
student, and no joint vocational school district shall receive a	54458
payment under division (D) of this section for a student, if for	54459
the same school year that student is counted in the district's	54460
formula ADM certified under section 3317.03 of the Revised Code.	54461

(H) Upon request of a parent, and provided the board offers	54462
transportation to native students of the same grade level and	54463
distance from school under section 3327.01 of the Revised Code, a	54464
city, exempted village, or local school board enrolling an	54465
adjacent or other district student shall provide transportation	54466
for the student within the boundaries of the board's district,	54467
except that the board shall be required to pick up and drop off a	54468
nonhandicapped student only at a regular school bus stop	54469
designated in accordance with the board's transportation policy.	54470
Pursuant to rules of the state board of education, such board may	54471
reimburse the parent from funds received for pupil transportation	54472
under section ~~3306.12~~3317.0212 of the Revised Code, or other	54473
provisions of law, for the reasonable cost of transportation from	54474
the student's home to the designated school bus stop if the	54475
student's family has an income below the federal poverty line.	54476

Sec. 3314.012. (A) Within ninety days of September 28, 1999,	54477
the superintendent of public instruction shall appoint	54478
representatives of the department of education, including	54479
employees who work with the education management information	54480
system ~~and employees of the office of community schools~~	54481
~~established by section 3314.11 of the Revised Code~~, to a committee	54482
to develop report card models for community schools. ~~The director~~	54483
~~of the legislative office of education oversight shall also~~	54484
~~appoint representatives to the committee.~~ The committee shall	54485
design model report cards appropriate for the various types of	54486
community schools approved to operate in the state. Sufficient	54487
models shall be developed to reflect the variety of grade levels	54488
served and the missions of the state's community schools. All	54489
models shall include both financial and academic data. The initial	54490
models shall be developed by March 31, 2000.	54491

(B) The department of education shall issue an annual report	54492
card for each community school, regardless of how long the school	54493
has been in operation. The report card shall report the academic	54494
and financial performance of the school utilizing one of the	54495
models developed under division (A) of this section. The report	54496
card shall include all information applicable to school buildings	54497
under division (A) of section 3302.03 of the Revised Code. The	54498
ratings a community school receives under section 3302.03 of the	54499
Revised Code for its first two full school years shall not be	54500
considered toward automatic closure of the school under section	54501
3314.35 of the Revised Code or any other matter that is based on	54502
report card ratings.	54503

(C) Upon receipt of a copy of a contract between a sponsor	54504
and a community school entered into under this chapter, the	54505
department of education shall notify the community school of the	54506
specific model report card that will be used for that school.	54507

(D) Report cards shall be distributed to the parents of all	54508
students in the community school, to the members of the board of	54509
education of the school district in which the community school is	54510
located, and to any person who requests one from the department.	54511

Sec. 3314.013. (A)~~(1) Until July 1, 2000, no more than~~	54512
~~seventy-five contracts between start-up schools and the state~~	54513
~~board of education may be in effect outside the pilot project area~~	54514
~~at any time under this chapter.~~	54515

~~(2) After July 1, 2000, and until July 1, 2001, no more than~~	54516
~~one hundred twenty-five contracts between start-up schools and the~~	54517
~~state board of education may be in effect outside the pilot~~	54518
~~project area at any time under this chapter.~~	54519

~~(3) This division applies only to contracts between start-up~~	54520
~~schools and the state board of education and contracts between~~	54521
~~start-up schools and entities described in divisions (C)(1)(b) to~~	54522
~~(f) of section 3314.02 of the Revised Code.~~	54523

~~Until July 1, 2005, not more than two hundred twenty-five~~	54524
~~contracts to which this division applies may be in effect at any~~	54525
~~time under this chapter.~~	54526

~~(4) This division applies only to contracts between start-up~~	54527
~~schools and entities described in divisions (C)(1)(b) to (f) of~~	54528
~~section 3314.02 of the Revised Code.~~	54529

~~Except as otherwise provided in section 3314.014 of the~~	54530
~~Revised Code, after July 1, 2005, and until July 1, 2007, the~~	54531
~~number of contracts to which this division applies in effect at~~	54532
~~any time under this chapter shall be not more than thirty plus the~~	54533
~~number of such contracts with schools that were open for operation~~	54534
~~as of May 1, 2005.~~	54535

~~(5) This division applies only to contracts between a~~	54536
~~conversion school that is an internet- or computer-based community~~	54537
~~school or a start-up school and the board of education of the~~	54538
~~school district in which the school is or is proposed to be~~	54539
~~located.~~	54540

~~Except as otherwise provided in section 3314.014 of the~~	54541
~~Revised Code, until July 1, 2007, the number of contracts to which~~	54542
~~this division applies in effect at any time under this chapter~~	54543
~~shall be not more than thirty plus the number of such contracts~~	54544
~~with schools that were open for operation as of May 1, 2005.~~	54545

~~(6)~~ Until ~~the effective date of any standards enacted by the~~	54546
~~general assembly governing the operation of internet- or~~	54547
~~computer-based community schools~~January 1, 2013, no internet- or	54548
computer-based community school shall operate unless the school	54549
was open for instruction as of May 1, 2005. No entity described in	54550
division (C)(1) of section 3314.02 of the Revised Code shall enter	54551
into a contract to sponsor an internet- or computer-based	54552
community school, including a conversion school, between May 1,	54553
2005, and ~~the effective date of any standards enacted by the~~	54554
~~general assembly governing the operation of internet- or~~	54555
~~computer-based community schools~~January 1, 2013, except as	54556
follows:	54557

~~(a) Any~~(1) The entity ~~described in division (C)(1) of that~~	54558
~~section~~ may renew a contract that the entity entered into with an	54559
internet- or computer-based community school prior to May 1, 2005,	54560
if the school was open for operation as of that date.	54561

~~(b) Any~~(2) The entity ~~described in divisions (C)(1)(a) to~~	54562
~~(e) of that section~~ may assume sponsorship of an existing	54563
internet- or computer-based community school that was formerly	54564
sponsored by another entity and may enter into a contract with	54565
that community school in accordance with section 3314.03 of the	54566
Revised Code.	54567

~~(c) Any entity described in division (C)(1)(f) of that~~	54568
~~section may assume sponsorship of an existing internet- or~~	54569
~~computer-based community school in accordance with division (A)(7)~~	54570
~~of this section and may enter into a contract with that community~~	54571
~~school in accordance with section 3314.03 of the Revised Code.~~	54572

If a sponsor entered into a contract with an internet- or	54573
computer-based community school, including a conversion school,	54574
but the school was not open for operation as of May 1, 2005, the	54575
contract shall be void and the entity shall not enter into another	54576
contract with the school until ~~the effective date of any standards~~	54577
~~enacted by the general assembly governing the operation of~~	54578
~~internet- or computer-based community schools~~January 1, 2013.	54579

~~(7) Until July 1, 2005, any entity described in division~~	54580
~~(C)(1)(f) of section 3314.02 of the Revised Code may sponsor only~~	54581
~~a community school that formerly was sponsored by the state board~~	54582
~~of education under division (C)(1)(d) of that section, as it~~	54583
~~existed prior to April 8, 2003. After July 1, 2005, any such~~	54584
~~entity may assume sponsorship of any existing community school,~~	54585
~~and may sponsor any new community school that is not an internet-~~	54586
~~or computer-based community school. Beginning on the effective~~	54587
~~date of any standards enacted by the general assembly governing~~	54588
~~the operation of internet- or computer-based community schools,~~	54589
~~any such entity may sponsor a new internet- or computer-based~~	54590
~~community school.~~	54591

~~(8)~~(B) Beginning January 1, 2013, up to five new internet- or	54592
computer-based community schools may open each year. If the	54593
governing authorities of more than five new schools notify the	54594
department of education under division (D) of section 3314.02 of	54595
the Revised Code, by a deadline established by the department,	54596
that they have signed a contract with a sponsor to open in the	54597
following school year, the department shall hold a lottery within	54598
thirty days after the deadline to choose the five schools that may	54599
open in that school year. The contract signed by the governing	54600
authority of any school not selected in the lottery shall be void,	54601
but the school may enter into a contract with a sponsor to open in	54602
a subsequent school year, subject to this division.	54603

(C) Nothing in ~~division~~divisions (A) or (B) of this section	54604
prohibits aan internet- or computer-based community school from	54605
increasing the number of grade levels it offers.	54606

~~(B) Within twenty-four hours of a request by any person, the~~	54607
~~superintendent of public instruction shall indicate the number of~~	54608
~~preliminary agreements for start-up schools currently outstanding~~	54609
~~and the number of contracts for these schools in effect at the~~	54610
~~time of the request.~~	54611

~~(C) It is the intent of the general assembly to consider~~	54612
~~whether to provide limitations on the number of start-up community~~	54613
~~schools after July 1, 2001, following its examination of the~~	54614
~~results of the studies by the legislative office of education~~	54615
~~oversight required under Section 50.39 of Am. Sub. H.B. No. 215 of~~	54616
~~the 122nd general assembly and Section 50.52.2 of Am. Sub. H.B.~~	54617
~~No. 215 of the 122nd general assembly, as amended by Am. Sub. H.B.~~	54618
~~No. 770 of the 122nd general assembly~~(D) Not later than July 1,	54619
2012, the director of the governor's office of 21st century	54620
education and the superintendent of public instruction shall	54621
develop standards for the operation of internet- or computer-based	54622
community schools. The director shall submit those standards to	54623
the speaker of the house of representatives and the president of	54624
the senate for consideration of enactment by the general assembly.	54625

Sec. 3314.015. (A) The department of education shall be	54626
responsible for the oversight of any and all sponsors of the	54627
community schools established under this chapter and shall provide	54628
technical assistance to schools and sponsors in their compliance	54629
with applicable laws and the terms of the contracts entered into	54630
under section 3314.03 of the Revised Code and in the development	54631
and start-up activities of those schools. In carrying out its	54632
duties under this section, the department shall do all of the	54633
following:	54634

(1) In providing technical assistance to proposing parties,	54635
governing authorities, and sponsors, conduct training sessions and	54636
distribute informational materials;	54637

(2) Approve entities to be sponsors of community schools;

54638

(3) Monitor the effectiveness of any and all sponsors in	54639
their oversight of the schools with which they have contracted;	54640

(4) By December thirty-first of each year, issue a report to	54641
the governor, the speaker of the house of representatives, the	54642
president of the senate, and the chairpersons of the house and	54643
senate committees principally responsible for education matters	54644
regarding the effectiveness of academic programs, operations, and	54645
legal compliance and of the financial condition of all community	54646
schools established under this chapter and on the performance of	54647
community school sponsors;	54648

(5) From time to time, make legislative recommendations to	54649
the general assembly designed to enhance the operation and	54650
performance of community schools.	54651

(B)(1) Except as provided in sections 3314.021 and 3314.027	54652
of the Revised Code, no entity listed in division (C)(1) of	54653
section 3314.02 of the Revised Code shall enter into a preliminary	54654
agreement under division (C)(2) of section 3314.02 of the Revised	54655
Code until it has received approval from the department of	54656
education to sponsor community schools under this chapter and has	54657
entered into a written agreement with the department regarding the	54658
manner in which the entity will conduct such sponsorship. The	54659
department shall adopt in accordance with Chapter 119. of the	54660
Revised Code rules containing criteria, procedures, and deadlines	54661
for processing applications for such approval, for oversight of	54662
sponsors, for revocation of the approval of sponsors, and for	54663
entering into written agreements with sponsors. The rules shall	54664
require an entity to submit evidence of the entity's ability and	54665
willingness to comply with the provisions of division (D) of	54666
section 3314.03 of the Revised Code. The rules also shall require	54667
entities approved as sponsors on and after June 30, 2005, to	54668
demonstrate a record of financial responsibility and successful	54669
implementation of educational programs. If an entity seeking	54670
approval on or after June 30, 2005, to sponsor community schools	54671
in this state sponsors or operates schools in another state, at	54672
least one of the schools sponsored or operated by the entity must	54673
be comparable to or better than the performance of Ohio schools in	54674
need of continuous improvement under section 3302.03 of the	54675
Revised Code, as determined by the department.	54676

AnSubject to section 3314.016 of the Revised Code, an entity	54677
that sponsors community schools may enter into preliminary	54678
agreements and sponsor up to one hundred schools ~~as follows~~,	54679
provided each school and the contract for sponsorship meets the	54680
requirements of this chapter:	54681

~~(a) An entity that sponsored fifty or fewer schools that were~~	54682
~~open for operation as of May 1, 2005, may sponsor not more than~~	54683
~~fifty schools.~~	54684

~~(b) An entity that sponsored more than fifty but not more~~	54685
~~than seventy-five schools that were open for operation as of May~~	54686
~~1, 2005, may sponsor not more than the number of schools the~~	54687
~~entity sponsored that were open for operation as of May 1, 2005.~~	54688

~~(c) Until June 30, 2006, an entity that sponsored more than~~	54689
~~seventy-five schools that were open for operation as of May 1,~~	54690
~~2005, may sponsor not more than the number of schools the entity~~	54691
~~sponsored that were open for operation as of May 1, 2005. After~~	54692
~~June 30, 2006, such an entity may sponsor not more than~~	54693
~~seventy-five schools.~~	54694

~~Upon approval of an entity to be a sponsor under this~~	54695
~~division, the department shall notify the entity of the number of~~	54696
~~schools the entity may sponsor.~~	54697

~~The limit imposed on an entity to which division (B)(1) of~~	54698
~~this section applies shall be decreased by one for each school~~	54699
~~sponsored by the entity that permanently closes.~~	54700

~~If at any time an entity exceeds the number of schools it may~~	54701
~~sponsor under this division, the department shall assist the~~	54702
~~schools in excess of the entity's limit in securing new sponsors.~~	54703
~~If a school is unable to secure a new sponsor, the department~~	54704
~~shall assume sponsorship of the school in accordance with division~~	54705
~~(C) of this section. Those schools for which another sponsor or~~	54706
~~the department assumes sponsorship shall be the schools that most~~	54707
~~recently entered into contracts with the entity under section~~	54708
~~3314.03 of the Revised Code~~.	54709

(2) The department of education shall determine, pursuant to	54710
criteria adopted by rule of the department, whether the mission	54711
proposed to be specified in the contract of a community school to	54712
be sponsored by a state university board of trustees or the	54713
board's designee under division (C)(1)(e) of section 3314.02 of	54714
the Revised Code complies with the requirements of that division.	54715
Such determination of the department is final.	54716

(3) The department of education shall determine, pursuant to	54717
criteria adopted by rule of the department, if any tax-exempt	54718
entity under section 501(c)(3) of the Internal Revenue Code that	54719
is proposed to be a sponsor of a community school is an	54720
education-oriented entity for purpose of satisfying the condition	54721
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the	54722
Revised Code. Such determination of the department is final.	54723

(C) If at any time the state board of education finds that a	54724
sponsor is not in compliance or is no longer willing to comply	54725
with its contract with any community school or with the	54726
department's rules for sponsorship, the state board or designee	54727
shall conduct a hearing in accordance with Chapter 119. of the	54728
Revised Code on that matter. If after the hearing, the state board	54729
or designee has confirmed the original finding, the department of	54730
education may revoke the sponsor's approval to sponsor community	54731
schools and may assume the sponsorship of any schools with which	54732
the sponsor has contracted until the earlier of the expiration of	54733
two school years or until a new sponsor as described in division	54734
(C)(1) of section 3314.02 of the Revised Code is secured by the	54735
school's governing authority. The department may extend the term	54736
of the contract in the case of a school for which it has assumed	54737
sponsorship under this division as necessary to accommodate the	54738
term of the department's authorization to sponsor the school	54739
specified in this division.	54740

(D) The decision of the department to disapprove an entity	54741
for sponsorship of a community school or to revoke approval for	54742
such sponsorship under division (C) of this section, may be	54743
appealed by the entity in accordance with section 119.12 of the	54744
Revised Code.	54745

(E) The department shall adopt procedures for use by a	54746
community school governing authority and sponsor when the school	54747
permanently closes and ceases operation, which shall include at	54748
least procedures for data reporting to the department, handling of	54749
student records, distribution of assets in accordance with section	54750
3314.074 of the Revised Code, and other matters related to ceasing	54751
operation of the school.	54752

(F) In carrying out its duties under this chapter, the	54753
department shall not impose requirements on community schools or	54754
their sponsors that are not permitted by law or duly adopted	54755
rules.	54756

Sec. 3314.016. This section applies to any entity that	54757
sponsors a community school, regardless of whether section	54758
3314.021 or 3314.027 of the Revised Code exempts the entity from	54759
the requirement to be approved for sponsorship under divisions	54760
(A)(2) and (B)(1) of section 3314.015 of the Revised Code.	54761

(A) An entity that sponsors a community school shall be	54762
permitted to enter into contracts under section 3314.03 of the	54763
Revised Code to sponsor additional community schools only if the	54764
entity meets both of the following criteria:	54765

(1) The entity is in compliance with all provisions of this	54766
chapter requiring sponsors of community schools to report data or	54767
information to the department of education.	54768

(2) The entity is not ranked in the lowest twenty per cent of	54769
community school sponsors on the ranking prescribed by division	54770
(B) of this section.	54771

(B) For purposes of this section, the department shall	54772
develop a composite performance index score, as defined in section	54773
3302.01 of the Revised Code, that measures the academic	54774
performance of students enrolled in community schools sponsored by	54775
the same entity. In calculating the composite performance index	54776
score, the department shall exclude all community schools	54777
described in division (A)(3) of section 3314.35 of the Revised	54778
Code, but the department shall cease to exclude those schools	54779
beginning January 1, 2013, if the general assembly does not enact	54780
by that date separate performance standards for community schools	54781
that operate dropout prevention and recovery programs and for	54782
community schools that serve students with disabilities. The	54783
department annually shall rank all entities that sponsor community	54784
schools from highest to lowest according to the entities'	54785
composite performance index scores.	54786

(C) If the governing authority of a community school enters	54787
into a contract with a sponsor prior to the date on which the	54788
sponsor is prohibited from sponsoring additional schools under	54789
division (A) of this section and the school has not opened for	54790
operation as of that date, that contract shall be void and the	54791
school shall not open until the governing authority secures a new	54792
sponsor by entering into a contract with the new sponsor under	54793
section 3314.03 of the Revised Code.	54794

Sec. 3314.02. (A) As used in this chapter:

54795

(1) "Sponsor" means an entity listed in division (C)(1) of	54796
this section, which has been approved by the department of	54797
education to sponsor community schools and with which the	54798
governing authority of the proposed community school enters into a	54799
contract pursuant to this section.	54800

(2) "Pilot project area" means the school districts included	54801
in the territory of the former community school pilot project	54802
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	54803
the 122nd general assembly.	54804

(3) "Challenged school district" means any of the following:

54805

(a) A school district that is part of the pilot project area;

54806

(b) A school district that is either in a state of academic	54807
emergency or in a state of academic watch under section 3302.03 of	54808
the Revised Code;	54809

54810

(d) A school district ranked in the lowest five per cent of	54811
school districts according to performance index score under	54812
section 3302.21 of the Revised Code.	54813

(4) "Big eight school district" means a school district that	54814
for fiscal year 1997 had both of the following:	54815

(a) A percentage of children residing in the district and	54816
participating in the predecessor of Ohio works first greater than	54817
thirty per cent, as reported pursuant to section 3317.10 of the	54818
Revised Code;	54819

(b) An average daily membership greater than twelve thousand,	54820
as reported pursuant to former division (A) of section 3317.03 of	54821
the Revised Code.	54822

(5) "New start-up school" means a community school other than	54823
one created by converting all or part of an existing public school	54824
or educational service center building, as designated in the	54825
school's contract pursuant to division (A)(17) of section 3314.03	54826
of the Revised Code.	54827

(6) "Urban school district" means one of the state's	54828
twenty-one urban school districts as defined in division (O) of	54829
section 3317.02 of the Revised Code as that section existed prior	54830
to July 1, 1998.	54831

(7) "Internet- or computer-based community school" means a	54832
community school established under this chapter in which the	54833
enrolled students work primarily from their residences on	54834
assignments in nonclassroom-based learning opportunities provided	54835
via an internet- or other computer-based instructional method that	54836
does not rely on regular classroom instruction or via	54837
comprehensive instructional methods that include internet-based,	54838
other computer-based, and noncomputer-based learning	54839
opportunities.	54840

(8) "Operator" means either of the following:

54841

(a) An individual or organization that manages the daily	54842
operations of a community school pursuant to a contract between	54843
the operator and the school's governing authority;	54844

(b) A nonprofit organization that provides programmatic	54845
oversight and support to a community school under a contract with	54846
the school's governing authority and that retains the right to	54847
terminate its affiliation with the school if the school fails to	54848
meet the organization's quality standards.	54849

(B) Any person or group of individuals may initially propose	54850
under this division the conversion of all or a portion of a public	54851
school or a building operated by an educational service center to	54852
a community school. The proposal shall be made to the board of	54853
education of the city, local, exempted village, or joint	54854
vocational school district in which the public school is proposed	54855
to be converted or, in the case of the conversion of a building	54856
operated by an educational service center, to the governing board	54857
of the service center. Upon receipt of a proposal, a board may	54858
enter into a preliminary agreement with the person or group	54859
proposing the conversion of the public school or service center	54860
building, indicating the intention of the board to support the	54861
conversion to a community school. A proposing person or group that	54862
has a preliminary agreement under this division may proceed to	54863
finalize plans for the school, establish a governing authority for	54864
the school, and negotiate a contract with the board. Provided the	54865
proposing person or group adheres to the preliminary agreement and	54866
all provisions of this chapter, the board shall negotiate in good	54867
faith to enter into a contract in accordance with section 3314.03	54868
of the Revised Code and division (C) of this section.	54869

(C)(1) Any person or group of individuals may propose under	54870
this division the establishment of a new start-up school to be	54871
located in a challenged school district. The proposal may be made	54872
to any of the following entities:	54873

(a) The board of education of the district in which the	54874
school is proposed to be located;	54875

(b) The board of education of any joint vocational school	54876
district with territory in the county in which is located the	54877
majority of the territory of the district in which the school is	54878
proposed to be located;	54879

(c) The board of education of any other city, local, or	54880
exempted village school district having territory in the same	54881
county where the district in which the school is proposed to be	54882
located has the major portion of its territory;	54883

(d) The governing board of any educational service center, as	54884
long as the proposed school will be located in a county within the	54885
territory of the service center or in a county contiguous to such	54886
county;	54887

(e) A sponsoring authority designated by the board of	54888
trustees of any of the thirteen state universities listed in	54889
section 3345.011 of the Revised Code or the board of trustees	54890
itself as long as a mission of the proposed school to be specified	54891
in the contract under division (A)(2) of section 3314.03 of the	54892
Revised Code and as approved by the department of education under	54893
division (B)(2) of section 3314.015 of the Revised Code will be	54894
the practical demonstration of teaching methods, educational	54895
technology, or other teaching practices that are included in the	54896
curriculum of the university's teacher preparation program	54897
approved by the state board of education;	54898

(f) Any qualified tax-exempt entity under section 501(c)(3)	54899
of the Internal Revenue Code as long as all of the following	54900
conditions are satisfied:	54901

(i) The entity has been in operation for at least five years	54902
prior to applying to be a community school sponsor.	54903

(ii) The entity has assets of at least five hundred thousand	54904
dollars and a demonstrated record of financial responsibility.	54905

(iii) The department of education has determined that the	54906
entity is an education-oriented entity under division (B)(3) of	54907
section 3314.015 of the Revised Code and the entity has a	54908
demonstrated record of successful implementation of educational	54909
programs.	54910

(iv) The entity is not a community school.

54911

Any entity described in division (C)(1) of this section may	54912
enter into a preliminary agreement pursuant to division (C)(2) of	54913
this section with the proposing person or group.	54914

(2) A preliminary agreement indicates the intention of an	54915
entity described in division (C)(1) of this section to sponsor the	54916
community school. A proposing person or group that has such a	54917
preliminary agreement may proceed to finalize plans for the	54918
school, establish a governing authority as described in division	54919
(E) of this section for the school, and negotiate a contract with	54920
the entity. Provided the proposing person or group adheres to the	54921
preliminary agreement and all provisions of this chapter, the	54922
entity shall negotiate in good faith to enter into a contract in	54923
accordance with section 3314.03 of the Revised Code.	54924

(3) A new start-up school that is established in a school	54925
district while that district is either in a state of academic	54926
emergency or in a state of academic watch under section 3302.03 of	54927
the Revised Code or ranked in the lowest five per cent according	54928
to performance index score under section 3302.21 of the Revised	54929
Code may continue in existence once the school district is no	54930
longer in a state of academic emergency or academic watch or	54931
ranked in the lowest five per cent according to performance index	54932
score, provided there is a valid contract between the school and a	54933
sponsor.	54934

(4) A copy of every preliminary agreement entered into under	54935
this division shall be filed with the superintendent of public	54936
instruction.	54937

(D) A majority vote of the board of a sponsoring entity and a	54938
majority vote of the members of the governing authority of a	54939
community school shall be required to adopt a contract and convert	54940
the public school or educational service center building to a	54941
community school or establish the new start-up school. Beginning	54942
September 29, 2005, adoption of the contract shall occur not later	54943
than the fifteenth day of March, and signing of the contract shall	54944
occur not later than the fifteenth day of May, prior to the school	54945
year in which the school will open. The governing authority shall	54946
notify the department of education when the contract has been	54947
signed. Subject to sections 3314.013~~, 3314.014,~~and 3314.016~~, and~~	54948
~~3314.017~~ of the Revised Code, an unlimited number of community	54949
schools may be established in any school district provided that a	54950
contract is entered into for each community school pursuant to	54951
this chapter.	54952

(E)(1) As used in this division, "immediate relatives" are	54953
limited to spouses, children, parents, grandparents, siblings, and	54954
in-laws.	54955

Each new start-up community school established under this	54956
chapter shall be under the direction of a governing authority	54957
which shall consist of a board of not less than five individuals.	54958

No person shall serve on the governing authority or operate	54959
the community school under contract with the governing authority	54960
so long as the person owes the state any money or is in a dispute	54961
over whether the person owes the state any money concerning the	54962
operation of a community school that has closed.	54963

(2) No person shall serve on the governing authorities of	54964
more than two start-up community schools at the same time.	54965

(3) No present or former member, or immediate relative of a	54966
present or former member, of the governing authority of any	54967
community school established under this chapter shall be an owner,	54968
employee, or consultant of any ~~nonprofit~~sponsor or ~~for-profit~~	54969
operator of a community school, unless at least one year has	54970
elapsed since the conclusion of the person's membership.	54971

(4) The governing authority of a start-up community school	54972
may provide by resolution for the compensation of its members.	54973
However, no individual who serves on the governing authority of a	54974
start-up community school shall be compensated more than four	54975
hundred twenty-five dollars per meeting of that governing	54976
authority and no such individual shall be compensated more than a	54977
total amount of five thousand dollars per year for all governing	54978
authorities upon which the individual serves.	54979

(F)(1) A new start-up school that is established prior to	54980
August 15, 2003, in an urban school district that is not also a	54981
big-eight school district may continue to operate after that date	54982
and the contract between the school's governing authority and the	54983
school's sponsor may be renewed, as provided under this chapter,	54984
after that date, but no additional new start-up schools may be	54985
established in such a district unless the district is a challenged	54986
school district as defined in this section as it exists on and	54987
after that date.	54988

(2) A community school that was established prior to June 29,	54989
1999, and is located in a county contiguous to the pilot project	54990
area and in a school district that is not a challenged school	54991
district may continue to operate after that date, provided the	54992
school complies with all provisions of this chapter. The contract	54993
between the school's governing authority and the school's sponsor	54994
may be renewed, but no additional start-up community school may be	54995
established in that district unless the district is a challenged	54996
school district.	54997

(3) Any educational service center that, on June 30, 2007,	54998
sponsors a community school that is not located in a county within	54999
the territory of the service center or in a county contiguous to	55000
such county may continue to sponsor that community school on and	55001
after June 30, 2007, and may renew its contract with the school.	55002
However, the educational service center shall not enter into a	55003
contract with any additional community school unless the school is	55004
located in a county within the territory of the service center or	55005
in a county contiguous to such county.	55006

Sec. 3314.021. (A) This section applies to any entity that is	55007
exempt from taxation under section 501(c)(3) of the Internal	55008
Revenue Code and that satisfies the conditions specified in	55009
divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the	55010
Revised Code but does not satisfy the condition specified in	55011
division (C)(1)(f)(i) of that section.	55012

(B) Notwithstanding division (C)(1)(f)(i) of section 3314.02	55013
of the Revised Code, an entity described in division (A) of this	55014
section may do both of the following without obtaining the	55015
department of education's initial approval of its sponsorship	55016
under divisions (A)(2) and (B)(1) of section 3314.015 of the	55017
Revised Code:	55018

(1) Succeed the board of trustees of a state university	55019
located in the pilot project area or that board's designee as the	55020
sponsor of a community school established under this chapter;	55021

(2) Continue to sponsor that school in conformance with the	55022
terms of the contract between the board of trustees or its	55023
designee and the governing authority of the community school and	55024
renew that contract as provided in division (E) of section 3314.03	55025
of the Revised Code.	55026

(C) The entity that succeeds the board of trustees or the	55027
board's designee as sponsor of a community school under division	55028
(B) of this section also may enter into contracts to sponsor other	55029
community schools located in any challenged school district,	55030
without obtaining the department's initial approval of its	55031
sponsorship of those schools under divisions (A)(2) and (B)(1) of	55032
section 3314.015 of the Revised Code~~, and not subject to the~~	55033
~~restriction of division (A)(7) of section 3314.013 of the Revised~~	55034
~~Code,~~ as long as the contracts conform with and the entity	55035
complies with all other requirements of this chapter.	55036

(D) Regardless of the entity's authority to sponsor community	55037
schools without the initial approval of the department, the entity	55038
is under the continuing oversight of the department in accordance	55039
with rules adopted under section 3314.015 of the Revised Code.	55040

Sec. 3314.023. In order to provide monitoring and technical	55041
assistance, ~~the sponsor of a community school shall be located or~~	55042
~~have representatives located within fifty miles of the location of~~	55043
~~the community school, or in the case of an internet- or~~	55044
~~computer-based community school, within fifty miles of the~~	55045
~~school's base of operation. A~~a representative of the sponsor of a	55046
community school shall meet with the governing authority or	55047
treasurer of the school and shall review the financial and	55048
enrollment records of the school at least once every ~~two months~~	55049
month.	55050

Sec. 3314.029. This section establishes the Ohio school	55051
sponsorship program. The department of education shall establish	55052
an office of Ohio school sponsorship to perform the department's	55053
duties prescribed by this section.	55054

(A)(1) Notwithstanding anything to the contrary in this	55055
chapter, but subject to section 3314.20 of the Revised Code, any	55056
person, group of individuals, or entity may apply to the	55057
department for direct authorization to establish a community	55058
school and, upon approval of the application, may establish the	55059
school. Notwithstanding anything to the contrary in this chapter,	55060
the governing authority of an existing community school, upon the	55061
expiration or termination of its contract with the school's	55062
sponsor entered into under section 3314.03 of the Revised Code,	55063
may apply to the department for direct authorization to continue	55064
operating the school and, upon approval of the application, may	55065
continue to operate the school.	55066

Each application submitted to the department shall include	55067
the following:	55068

(a) Evidence that the applicant will be able to comply with	55069
division (C) of this section;	55070

(b) A statement indicating that the applicant agrees to	55071
comply with all applicable provisions of this chapter, including	55072
the requirement to be established as a nonprofit corporation or	55073
public benefit corporation in accordance with division (A)(1) of	55074
section 3314.03 of the Revised Code;	55075

(c) A statement attesting that no unresolved finding of	55076
recovery has been issued by the auditor of state against any	55077
person, group of individuals, or entity that is a party to the	55078
application and that no person who is party to the application has	55079
been a member of the governing authority of any community school	55080
that has permanently closed and against which an unresolved	55081
finding of recovery has been issued by the auditor of state. In	55082
the case of an application submitted by the governing authority of	55083
an existing community school, a person who is party to the	55084
application shall include each individual member of that governing	55085
authority.	55086

(d) A statement that the school will be nonsectarian in its	55087
programs, admission policies, employment practices, and all other	55088
operations, and will not be operated by a sectarian school or	55089
religious institution;	55090

(e) A statement of whether the school is to be created by	55091
converting all or part of an existing public school or educational	55092
service center building or is to be a new start-up school. If it	55093
is a converted public school or service center building, the	55094
statement shall include a specification of any duties or	55095
responsibilities of an employer that the board of education or	55096
service center governing board that operated the school or	55097
building before conversion is delegating to the governing	55098
authority of the community school with respect to all or any	55099
specified group of employees, provided the delegation is not	55100
prohibited by a collective bargaining agreement applicable to such	55101
employees.	55102

(f) A statement that the school's teachers will be licensed	55103
in the manner prescribed by division (A)(10) of section 3314.03 of	55104
the Revised Code;	55105

(g) A statement that the school will comply with all of the	55106
provisions of law enumerated in divisions (A)(11)(d) and (e) of	55107
section 3314.03 of the Revised Code and of division (A)(11)(h) of	55108
that section, if applicable;	55109

(h) A statement that the school's graduation and curriculum	55110
requirements will comply with division (A)(11)(f) of section	55111
3314.03 of the Revised Code;	55112

(i) A description of each of the following:

55113

(i) The school's mission and educational program, the	55114
characteristics of the students the school is expected to attract,	55115
the ages and grade levels of students, and the focus of the	55116
curriculum;	55117

(ii) The school's governing authority, which shall be in	55118
compliance with division (E) of section 3314.02 of the Revised	55119
Code;	55120

(iii) The school's admission and dismissal policies, which	55121
shall be in compliance with divisions (A)(5) and (6) of section	55122
3314.03 of the Revised Code;	55123

(iv) The school's business plan, including a five-year	55124
financial forecast;	55125

(v) In the case of an application to establish a community	55126
school, the applicant's resources and capacity to establish and	55127
operate the school;	55128

(vi) The school's academic goals to be achieved and the	55129
method of measurement that will be used to determine progress	55130
toward those goals, which shall include the statewide achievement	55131
assessments;	55132

(vii) The facilities to be used by the school and their	55133
locations;	55134

(viii) A description of the learning opportunities that will	55135
be offered to students including both classroom-based and	55136
nonclassroom-based learning opportunities that are in compliance	55137
with criteria for student participation established by the	55138
department under division (L)(2) of section 3314.08 of the Revised	55139
Code.	55140

(2) Subject to division (A)(3) of this section, the	55141
department shall approve each application, unless, within thirty	55142
days after receipt of the application, the department determines	55143
that the application does not satisfy the requirements of division	55144
(A)(1) of this section and provides the applicant a written	55145
explanation of the reasons for the determination. In that case,	55146
the department shall grant the applicant thirty days to correct	55147
the insufficiencies in the application. If the department	55148
determines that the insufficiencies have been corrected, it shall	55149
approve the application. If the department determines that the	55150
insufficiencies have not been corrected, it shall deny the	55151
application and provide the applicant with a written explanation	55152
of the reasons for the denial. The denial of an application may be	55153
appealed in accordance with section 119.12 of the Revised Code.	55154

(3) For each of five school years, beginning with the school	55155
year that begins in the calendar year in which this section takes	55156
effect, the department may approve up to twenty applications for	55157
community schools to be established or to continue operation under	55158
division (A) of this section; however, of the twenty applications	55159
that may be approved each school year, only up to five may be for	55160
the establishment of new schools.	55161

(B) The department and the governing authority of each	55162
community school authorized under this section shall enter into a	55163
contract under section 3314.03 of the Revised Code.	55164
Notwithstanding division (A)(13) of that section, the contract	55165
with an existing community school may begin at any time during the	55166
academic year. The length of the initial contract of any community	55167
school under this section may be for any term up to five years.	55168
The contract may be renewed in accordance with division (E) of	55169
that section. The contract may provide for the school's governing	55170
authority to pay a fee for oversight and monitoring of the school	55171
that does not exceed three per cent of the total amount of	55172
payments for operating expenses that the school receives from the	55173
state.	55174

(C) The department may require a community school authorized	55175
under this section to post and file with the superintendent of	55176
public instruction a bond payable to the state or to file with the	55177
state superintendent a guarantee, which shall be used to pay the	55178
state any moneys owed by the community school in the event the	55179
school closes.	55180

(D) Except as otherwise provided in this section, a community	55181
school authorized under this section shall comply with all	55182
applicable provisions of this chapter. The department may take any	55183
action that a sponsor may take under this chapter to enforce the	55184
school's compliance with this division and the terms of the	55185
contract entered into under division (B) of this section.	55186

(E) Not later than December 31, 2012, and annually	55187
thereafter, the department shall issue a report on the program,	55188
including information about the number of community schools	55189
participating in the program and their compliance with the	55190
provisions of this chapter. In its fifth report, the department	55191
shall include a complete evaluation of the program and	55192
recommendations regarding the program's continuation. Each report	55193
shall be provided to the general assembly, in accordance with	55194
section 101.68 of the Revised Code, and to the governor.	55195

Sec. 3314.03. A copy of every contract entered into under	55196
this section shall be filed with the superintendent of public	55197
instruction.	55198

(A) Each contract entered into between a sponsor and the	55199
governing authority of a community school shall specify the	55200
following:	55201

(1) That the school shall be established as either of the	55202
following:	55203

(a) A nonprofit corporation established under Chapter 1702.	55204
of the Revised Code, if established prior to April 8, 2003;	55205

(b) A public benefit corporation established under Chapter	55206
1702. of the Revised Code, if established after April 8, 2003.	55207

(2) The education program of the school, including the	55208
school's mission, the characteristics of the students the school	55209
is expected to attract, the ages and grades of students, and the	55210
focus of the curriculum;	55211

(3) The academic goals to be achieved and the method of	55212
measurement that will be used to determine progress toward those	55213
goals, which shall include the statewide achievement assessments;	55214

(4) Performance standards by which the success of the school	55215
will be evaluated by the sponsor;	55216

(5) The admission standards of section 3314.06 of the Revised	55217
Code and, if applicable, section 3314.061 of the Revised Code;	55218

(6)(a) Dismissal procedures;

55219

(b) A requirement that the governing authority adopt an	55220
attendance policy that includes a procedure for automatically	55221
withdrawing a student from the school if the student without a	55222
legitimate excuse fails to participate in one hundred five	55223
consecutive hours of the learning opportunities offered to the	55224
student.	55225

(7) The ways by which the school will achieve racial and	55226
ethnic balance reflective of the community it serves;	55227

(8) Requirements for financial audits by the auditor of	55228
state. The contract shall require financial records of the school	55229
to be maintained in the same manner as are financial records of	55230
school districts, pursuant to rules of the auditor of state.	55231
Audits shall be conducted in accordance with section 117.10 of the	55232
Revised Code.	55233

(9) The facilities to be used and their locations;

55234

(10) Qualifications of teachers, including the following:

55235

(a) A requirement that the school's classroom teachers be	55236
licensed in accordance with sections 3319.22 to 3319.31 of the	55237
Revised Code, except that a community school may engage	55238
noncertificated persons to teach up to twelve hours per week	55239
pursuant to section 3319.301 of the Revised Code;	55240

(b) A requirement that each classroom teacher initially hired	55241
by the school on or after July 1, 2013, and employed to provide	55242
instruction in physical education hold a valid license issued	55243
pursuant to section 3319.22 of the Revised Code for teaching	55244
physical education.	55245

(11) That the school will comply with the following	55246
requirements:	55247

(a) The school will provide learning opportunities to a	55248
minimum of twenty-five students for a minimum of nine hundred	55249
twenty hours per school year.	55250

(b) The governing authority will purchase liability	55251
insurance, or otherwise provide for the potential liability of the	55252
school.	55253

(c) The school will be nonsectarian in its programs,	55254
admission policies, employment practices, and all other	55255
operations, and will not be operated by a sectarian school or	55256
religious institution.	55257

(d) The school will comply with sections 9.90, 9.91, 109.65,	55258
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	55259
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	55260
3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643, 3313.648,	55261
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	55262
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	55263
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, ~~3314.817~~	55264
3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391,	55265
3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18,	55266
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	55267
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141.,	55268
and 4167. of the Revised Code as if it were a school district and	55269
will comply with section 3301.0714 of the Revised Code in the	55270
manner specified in section 3314.17 of the Revised Code.	55271

(e) The school shall comply with Chapter 102. and section	55272
2921.42 of the Revised Code.	55273

(f) The school will comply with sections 3313.61, 3313.611,	55274
and 3313.614 of the Revised Code, except that for students who	55275
enter ninth grade for the first time before July 1, 2010, the	55276
requirement in sections 3313.61 and 3313.611 of the Revised Code	55277
that a person must successfully complete the curriculum in any	55278
high school prior to receiving a high school diploma may be met by	55279
completing the curriculum adopted by the governing authority of	55280
the community school rather than the curriculum specified in Title	55281
XXXIII of the Revised Code or any rules of the state board of	55282
education. Beginning with students who enter ninth grade for the	55283
first time on or after July 1, 2010, the requirement in sections	55284
3313.61 and 3313.611 of the Revised Code that a person must	55285
successfully complete the curriculum of a high school prior to	55286
receiving a high school diploma shall be met by completing the	55287
Ohio core curriculum prescribed in division (C) of section	55288
3313.603 of the Revised Code, unless the person qualifies under	55289
division (D) or (F) of that section. Each school shall comply with	55290
the plan for awarding high school credit based on demonstration of	55291
subject area competency, adopted by the state board of education	55292
under division (J) of section 3313.603 of the Revised Code.	55293

(g) The school governing authority will submit within four	55294
months after the end of each school year a report of its	55295
activities and progress in meeting the goals and standards of	55296
divisions (A)(3) and (4) of this section and its financial status	55297
to the sponsor and the parents of all students enrolled in the	55298
school.	55299

(h) The school, unless it is an internet- or computer-based	55300
community school, will comply with ~~sections 3313.674 and~~section	55301
3313.801 of the Revised Code as if it were a school district.	55302

(i) If the school is the recipient of moneys from a grant	55303
awarded under the federal race to the top program, Division (A),	55304
Title XIV, Sections 14005 and 14006 of the "American Recovery and	55305
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	55306
school will pay teachers based upon performance in accordance with	55307
section 3317.141 and will comply with section 3319.111 of the	55308
Revised Code as if it were a school district.	55309

(12) Arrangements for providing health and other benefits to	55310
employees;	55311

(13) The length of the contract, which shall begin at the	55312
beginning of an academic year. No contract shall exceed five years	55313
unless such contract has been renewed pursuant to division (E) of	55314
this section.	55315

(14) The governing authority of the school, which shall be	55316
responsible for carrying out the provisions of the contract;	55317

(15) A financial plan detailing an estimated school budget	55318
for each year of the period of the contract and specifying the	55319
total estimated per pupil expenditure amount for each such year.	55320
The plan shall specify for each year the base formula amount that	55321
will be used for purposes of funding calculations under section	55322
3314.08 of the Revised Code. This base formula amount for any year	55323
shall not exceed the formula amount defined under section 3317.02	55324
of the Revised Code. The plan may also specify for any year a	55325
percentage figure to be used for reducing the per pupil amount of	55326
the subsidy calculated pursuant to section 3317.029 of the Revised	55327
Code the school is to receive that year under section 3314.08 of	55328
the Revised Code.	55329

(16) Requirements and procedures regarding the disposition of	55330
employees of the school in the event the contract is terminated or	55331
not renewed pursuant to section 3314.07 of the Revised Code;	55332

(17) Whether the school is to be created by converting all or	55333
part of an existing public school or educational service center	55334
building or is to be a new start-up school, and if it is a	55335
converted public school or service center building, specification	55336
of any duties or responsibilities of an employer that the board of	55337
education or service center governing board that operated the	55338
school or building before conversion is delegating to the	55339
governing authority of the community school with respect to all or	55340
any specified group of employees provided the delegation is not	55341
prohibited by a collective bargaining agreement applicable to such	55342
employees;	55343

(18) Provisions establishing procedures for resolving	55344
disputes or differences of opinion between the sponsor and the	55345
governing authority of the community school;	55346

(19) A provision requiring the governing authority to adopt a	55347
policy regarding the admission of students who reside outside the	55348
district in which the school is located. That policy shall comply	55349
with the admissions procedures specified in sections 3314.06 and	55350
3314.061 of the Revised Code and, at the sole discretion of the	55351
authority, shall do one of the following:	55352

(a) Prohibit the enrollment of students who reside outside	55353
the district in which the school is located;	55354

(b) Permit the enrollment of students who reside in districts	55355
adjacent to the district in which the school is located;	55356

(c) Permit the enrollment of students who reside in any other	55357
district in the state.	55358

(20) A provision recognizing the authority of the department	55359
of education to take over the sponsorship of the school in	55360
accordance with the provisions of division (C) of section 3314.015	55361
of the Revised Code;	55362

(21) A provision recognizing the sponsor's authority to	55363
assume the operation of a school under the conditions specified in	55364
division (B) of section 3314.073 of the Revised Code;	55365

(22) A provision recognizing both of the following:

55366

(a) The authority of public health and safety officials to	55367
inspect the facilities of the school and to order the facilities	55368
closed if those officials find that the facilities are not in	55369
compliance with health and safety laws and regulations;	55370

(b) The authority of the department of education as the	55371
community school oversight body to suspend the operation of the	55372
school under section 3314.072 of the Revised Code if the	55373
department has evidence of conditions or violations of law at the	55374
school that pose an imminent danger to the health and safety of	55375
the school's students and employees and the sponsor refuses to	55376
take such action;	55377

(23) A description of the learning opportunities that will be	55378
offered to students including both classroom-based and	55379
non-classroom-based learning opportunities that is in compliance	55380
with criteria for student participation established by the	55381
department under division (L)(2) of section 3314.08 of the Revised	55382
Code;	55383

(24) The school will comply with sections 3302.04 and	55384
3302.041 of the Revised Code, except that any action required to	55385
be taken by a school district pursuant to those sections shall be	55386
taken by the sponsor of the school. However, the sponsor shall not	55387
be required to take any action described in division (F) of	55388
section 3302.04 of the Revised Code.	55389

(25) Beginning in the 2006-2007 school year, the school will	55390
open for operation not later than the thirtieth day of September	55391
each school year, unless the mission of the school as specified	55392
under division (A)(2) of this section is solely to serve dropouts.	55393
In its initial year of operation, if the school fails to open by	55394
the thirtieth day of September, or within one year after the	55395
adoption of the contract pursuant to division (D) of section	55396
3314.02 of the Revised Code if the mission of the school is solely	55397
to serve dropouts, the contract shall be void.	55398

(B) The community school shall also submit to the sponsor a	55399
comprehensive plan for the school. The plan shall specify the	55400
following:	55401

(1) The process by which the governing authority of the	55402
school will be selected in the future;	55403

(2) The management and administration of the school;

55404

(3) If the community school is a currently existing public	55405
school or educational service center building, alternative	55406
arrangements for current public school students who choose not to	55407
attend the converted school and for teachers who choose not to	55408
teach in the school or building after conversion;	55409

(4) The instructional program and educational philosophy of	55410
the school;	55411

(5) Internal financial controls.

55412

(C) A contract entered into under section 3314.02 of the	55413
Revised Code between a sponsor and the governing authority of a	55414
community school may provide for the community school governing	55415
authority to make payments to the sponsor, which is hereby	55416
authorized to receive such payments as set forth in the contract	55417
between the governing authority and the sponsor. The total amount	55418
of such payments for oversight and monitoring of the school shall	55419
not exceed three per cent of the total amount of payments for	55420
operating expenses that the school receives from the state.	55421

(D) The contract shall specify the duties of the sponsor	55422
which shall be in accordance with the written agreement entered	55423
into with the department of education under division (B) of	55424
section 3314.015 of the Revised Code and shall include the	55425
following:	55426

(1) Monitor the community school's compliance with all laws	55427
applicable to the school and with the terms of the contract;	55428

(2) Monitor and evaluate the academic and fiscal performance	55429
and the organization and operation of the community school on at	55430
least an annual basis;	55431

(3) Report on an annual basis the results of the evaluation	55432
conducted under division (D)(2) of this section to the department	55433
of education and to the parents of students enrolled in the	55434
community school;	55435

(4) Provide technical assistance to the community school in	55436
complying with laws applicable to the school and terms of the	55437
contract;	55438

(5) Take steps to intervene in the school's operation to	55439
correct problems in the school's overall performance, declare the	55440
school to be on probationary status pursuant to section 3314.073	55441
of the Revised Code, suspend the operation of the school pursuant	55442
to section 3314.072 of the Revised Code, or terminate the contract	55443
of the school pursuant to section 3314.07 of the Revised Code as	55444
determined necessary by the sponsor;	55445

(6) Have in place a plan of action to be undertaken in the	55446
event the community school experiences financial difficulties or	55447
closes prior to the end of a school year.	55448

(E) Upon the expiration of a contract entered into under this	55449
section, the sponsor of a community school may, with the approval	55450
of the governing authority of the school, renew that contract for	55451
a period of time determined by the sponsor, but not ending earlier	55452
than the end of any school year, if the sponsor finds that the	55453
school's compliance with applicable laws and terms of the contract	55454
and the school's progress in meeting the academic goals prescribed	55455
in the contract have been satisfactory. Any contract that is	55456
renewed under this division remains subject to the provisions of	55457
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	55458

(F) If a community school fails to open for operation within	55459
one year after the contract entered into under this section is	55460
adopted pursuant to division (D) of section 3314.02 of the Revised	55461
Code or permanently closes prior to the expiration of the	55462
contract, the contract shall be void and the school shall not	55463
enter into a contract with any other sponsor. A school shall not	55464
be considered permanently closed because the operations of the	55465
school have been suspended pursuant to section 3314.072 of the	55466
Revised Code. ~~Any contract that becomes void under this division~~	55467
~~shall not count toward any statewide limit on the number of such~~	55468
~~contracts prescribed by section 3314.013 of the Revised Code.~~	55469

Sec. 3314.05. (A) The contract between the community school	55470
and the sponsor shall specify the facilities to be used for the	55471
community school and the method of acquisition. Except as provided	55472
in ~~division~~divisions (B)(3) and (4) of this section, no community	55473
school shall be established in more than one school district under	55474
the same contract.	55475

(B) Division (B) of this section shall not apply to internet-	55476
or computer-based community schools.	55477

(1) A community school may be located in multiple facilities	55478
under the same contract only if the limitations on availability of	55479
space prohibit serving all the grade levels specified in the	55480
contract in a single facility or division (B)(2) or, (3), or (4)	55481
of this section applies to the school. The school shall not offer	55482
the same grade level classrooms in more than one facility.	55483

(2) A community school may be located in multiple facilities	55484
under the same contract and, notwithstanding division (B)(1) of	55485
this section, may assign students in the same grade level to	55486
multiple facilities, as long as all of the following apply:	55487

(a) The governing authority of the community school filed a	55488
copy of its contract with the school's sponsor under section	55489
3314.03 of the Revised Code with the superintendent of public	55490
instruction on or before May 15, 2008.	55491

(b) The school was not open for operation prior to July 1,	55492
2008.	55493

(c) The governing authority has entered into and maintains a	55494
contract with an operator of the type described in division	55495
(A)~~(2)~~(8)(b) of section ~~3314.014~~3314.02 of the Revised Code.	55496

(d) The contract with that operator qualified the school to	55497
be established pursuant to division (A) of former section 3314.016	55498
of the Revised Code.	55499

(e) The school's rating under section 3302.03 of the Revised	55500
Code does not fall below "in need of continuous improvement" for	55501
two or more consecutive years.	55502

(3) A new start-up community school may be established in two	55503
school districts under the same contract if all of the following	55504
apply:	55505

(a) At least one of the school districts in which the school	55506
is established is a challenged school district;	55507

(b) The school operates not more than one facility in each	55508
school district and, in accordance with division (B)(1) of this	55509
section, the school does not offer the same grade level classrooms	55510
in both facilities; and	55511

(c) Transportation between the two facilities does not	55512
require more than thirty minutes of direct travel time as measured	55513
by school bus.	55514

In the case of a community school to which division (B)(3) of	55515
this section applies, if only one of the school districts in which	55516
the school is established is a challenged school district, that	55517
district shall be considered the school's primary location and the	55518
district in which the school is located for the purposes of	55519
division (A)(19) of section 3314.03 and divisions (C) and (H) of	55520
section 3314.06 of the Revised Code and for all other purposes of	55521
this chapter. If both of the school districts in which the school	55522
is established are challenged school districts, the school's	55523
governing authority shall designate one of those districts to be	55524
considered the school's primary location and the district in which	55525
the school is located for the purposes of those divisions and all	55526
other purposes of this chapter and shall notify the department of	55527
education of that designation.	55528

(4) A community school may be located in multiple facilities	55529
under the same contract and, notwithstanding division (B)(1) of	55530
this section, may assign students in the same grade level to	55531
multiple facilities, as long as both of the following apply:	55532

(a) The facilities are all located in the same county.

55533

(b) The governing authority has entered into and maintains a	55534
contract with an operator.	55535

In the case of a community school to which division (B)(4) of	55536
this section applies and that maintains facilities in more than	55537
one school district, the school's governing authority shall	55538
designate one of those districts to be considered the school's	55539
primary location and the district in which the school is located	55540
for the purposes of division (A)(19) of section 3314.03 and	55541
divisions (C) and (H) of section 3314.06 of the Revised Code and	55542
for all other purposes of this chapter and shall notify the	55543
department of that designation.	55544

(5) Any facility used for a community school shall meet all	55545
health and safety standards established by law for school	55546
buildings.	55547

(C) In the case where a community school is proposed to be	55548
located in a facility owned by a school district or educational	55549
service center, the facility may not be used for such community	55550
school unless the district or service center board owning the	55551
facility enters into an agreement for the community school to	55552
utilize the facility. Use of the facility may be under any terms	55553
and conditions agreed to by the district or service center board	55554
and the school.	55555

(D) Two or more separate community schools may be located in	55556
the same facility.	55557

(E) In the case of a community school that is located in	55558
multiple facilities, beginning July 1, 2012, the department shall	55559
assign a unique identification number to the school and to each	55560
facility maintained by the school. Each number shall be used for	55561
identification purposes only. Nothing in this division shall be	55562
construed to require the department to calculate the amount of	55563
funds paid under this chapter, or to compute any data required for	55564
the report cards issued under section 3314.012 of the Revised	55565
Code, for each facility separately. The department shall make all	55566
such calculations or computations for the school as a whole.	55567

Sec. 3314.051. (A) When the governing authority of a	55568
community school that acquired real property from a school	55569
district pursuant to former division (G)(2) of section 3313.41 of	55570
the Revised Code decides to dispose of that property, it first	55571
shall offer that property for sale to the school district board of	55572
education from which it acquired the property, at a price that is	55573
not higher than the appraised fair market value of that property.	55574
If the district board does not accept the offer within sixty days	55575
after the offer is made, the community school may dispose of the	55576
property in another lawful manner.	55577

(B) When a community school that acquired real property from	55578
a school district pursuant to former division (G)(2) of section	55579
3313.41 of the Revised Code permanently closes, in distributing	55580
the school's assets under section 3314.074 of the Revised Code,	55581
that property first shall be offered for sale to the school	55582
district board of education from which the community school	55583
acquired the property, at a price that is not higher than the	55584
appraised fair market value of that property. If the district	55585
board does not accept the offer within sixty days after the offer	55586
is made, the property may be disposed in another lawful manner.	55587

Sec. 3314.07. (A) The expiration of the contract for a	55588
community school between a sponsor and a school shall be the date	55589
provided in the contract. A successor contract may be entered into	55590
pursuant to division (E) of section 3314.03 of the Revised Code	55591
unless the contract is terminated or not renewed pursuant to this	55592
section.	55593

(B)(1) A sponsor may choose not to renew a contract at its	55594
expiration or may choose to terminate a contract prior to its	55595
expiration for any of the following reasons:	55596

(a) Failure to meet student performance requirements stated	55597
in the contract;	55598

(b) Failure to meet generally accepted standards of fiscal	55599
management;	55600

(c) Violation of any provision of the contract or applicable	55601
state or federal law;	55602

(d) Other good cause.

55603

(2) A sponsor may choose to terminate a contract prior to its	55604
expiration if the sponsor has suspended the operation of the	55605
contract under section 3314.072 of the Revised Code.	55606

(3) ~~At least ninety days prior to the termination or~~	55607
~~nonrenewal of a~~Not later than the first day of February in the	55608
year in which the sponsor intends to terminate or take actions not	55609
to renew the community school's contract, the sponsor shall notify	55610
the school of the proposed action in writing. The notice shall	55611
include the reasons for the proposed action in detail, the	55612
effective date of the termination or nonrenewal, and a statement	55613
that the school may, within fourteen days of receiving the notice,	55614
request an informal hearing before the sponsor. Such request must	55615
be in writing. The informal hearing shall be held within ~~seventy~~	55616
fourteen days of the receipt of a request for the hearing.	55617
~~Promptly following~~Not later than fourteen days after the informal	55618
hearing, the sponsor shall issue a written decision either	55619
affirming or rescinding the decision to terminate or not renew the	55620
contract.	55621

(4) A decision by the sponsor to terminate a contract may be	55622
appealed to the state board of education. The notice of appeal	55623
shall be filed with the state board not later than fourteen days	55624
following receipt of the sponsor's written decision to terminate	55625
the contract. Within sixty days of receipt of the notice of	55626
appeal, the state board shall conduct a hearing and issue a	55627
written decision on the appeal. The written decision of the state	55628
board shall include the reasons for affirming or rescinding the	55629
decision of the sponsor. The decision by the state board	55630
pertaining to an appeal under this division is final. If the	55631
sponsor is the state board, its decision to terminate a contract	55632
under division (B)(3) of this section shall be final.	55633

(5) The termination of a contract under this section shall be	55634
effective upon the occurrence of the later of the following	55635
events:	55636

(a) ~~Ninety days following the~~The date the sponsor notifies	55637
the school of its decision to terminate the contract as prescribed	55638
in division (B)(3) of this section;	55639

(b) If an informal hearing is requested under division (B)(3)	55640
of this section and as a result of that hearing the sponsor	55641
affirms its decision to terminate the contract, the effective date	55642
of the termination specified in the notice issued under division	55643
(B)(3) of this section, or if that decision is appealed to the	55644
state board under division (B)(4) of this section and the state	55645
board affirms that decision, the date established in the	55646
resolution of the state board affirming the sponsor's decision.	55647

(6) Any community school whose contract is terminated under	55648
division (B) of this section shall close permanently at the end of	55649
the current school year or on a date specified in the notification	55650
of termination under (B)(3) of this section. Any community school	55651
whose contract is terminated under this division shall not enter	55652
into a contract with any other sponsor.	55653

(C) A child attending a community school whose contract has	55654
been terminated, nonrenewed, or suspended or that closes for any	55655
reason shall be admitted to the schools of the district in which	55656
the child is entitled to attend under section 3313.64 or 3313.65	55657
of the Revised Code. Any deadlines established for the purpose of	55658
admitting students under section 3313.97 or 3313.98 of the Revised	55659
Code shall be waived for students to whom this division pertains.	55660

(D) If a community school does not intend to renew a contract	55661
with its sponsor, the community school shall notify its sponsor in	55662
writing of that fact at least one hundred eighty days prior to the	55663
expiration of the contract. Such a community school may enter into	55664
a contract with a new sponsor in accordance with section 3314.03	55665
of the Revised Code upon the expiration of the previous contract.	55666

(E) A sponsor of a community school and the officers,	55667
directors, or employees of such a sponsor are immune from civil	55668
liability for any action authorized under this chapter or the	55669
contract entered into with the school under section 3314.03 of the	55670
Revised Code that is taken to fulfill the sponsor's responsibility	55671
to oversee and monitor the school. The sponsor and its officers,	55672
directors, or employees are not liable in damages in a tort or	55673
other civil action for harm allegedly arising from either of the	55674
following:	55675

(1) A failure of the community school or any of its officers,	55676
directors, or employees to perform any statutory or common law	55677
duty or responsibility or any other legal obligation;	55678

(2) An action or omission of the community school or any of	55679
its officers, directors, or employees that results in harm.	55680

(F) As used in this section:

55681

(1) "Harm" means injury, death, or loss to person or	55682
property.	55683

(2) "Tort action" means a civil action for damages for	55684
injury, death, or loss to person or property other than a civil	55685
action for damages for a breach of contract or another agreement	55686
between persons.	55687

Sec. 3314.08. The deductions under division (C) and the	55688
payments under division (D) of this section for fiscal years ~~2010~~	55689
2012 and ~~2011~~2013 shall be made in accordance with section	55690
3314.088 of the Revised Code.	55691

(A) As used in this section:

55692

(1) "Base formula amount" means the amount specified as such	55693
in a community school's financial plan for a school year pursuant	55694
to division (A)(15) of section 3314.03 of the Revised Code.	55695

(2) "IEP" has the same meaning as in section 3323.01 of the	55696
Revised Code.	55697

(3) "Applicable special education weight" means the multiple	55698
specified in section 3317.013 of the Revised Code for a disability	55699
described in that section.	55700

(4) "Applicable vocational education weight" means:

55701

(a) For a student enrolled in vocational education programs	55702
or classes described in division (A) of section 3317.014 of the	55703
Revised Code, the multiple specified in that division;	55704

(b) For a student enrolled in vocational education programs	55705
or classes described in division (B) of section 3317.014 of the	55706
Revised Code, the multiple specified in that division.	55707

(5) "Entitled to attend school" means entitled to attend	55708
school in a district under section 3313.64 or 3313.65 of the	55709
Revised Code.	55710

(6) A community school student is "included in the poverty	55711
student count" of a school district if the student is entitled to	55712
attend school in the district and the student's family receives	55713
assistance under the Ohio works first program.	55714

(7) "Poverty-based assistance reduction factor" means the	55715
percentage figure, if any, for reducing the per pupil amount of	55716
poverty-based assistance a community school is entitled to receive	55717
pursuant to divisions (D)(5) to (9) of this section in any year,	55718
as specified in the school's financial plan for the year pursuant	55719
to division (A)(15) of section 3314.03 of the Revised Code.	55720

(8) "All-day kindergarten" has the same meaning as in section	55721
~~3317.029~~3321.05 of the Revised Code.	55722

(9) "State education aid" has the same meaning as in section	55723
5751.20 of the Revised Code.	55724

(B) The state board of education shall adopt rules requiring	55725
both of the following:	55726

(1) The board of education of each city, exempted village,	55727
and local school district to annually report the number of	55728
students entitled to attend school in the district who are	55729
enrolled in grades one through twelve in a community school	55730
established under this chapter, the number of students entitled to	55731
attend school in the district who are enrolled in kindergarten in	55732
a community school, the number of those kindergartners who are	55733
enrolled in all-day kindergarten in their community school, and	55734
for each child, the community school in which the child is	55735
enrolled.	55736

(2) The governing authority of each community school	55737
established under this chapter to annually report all of the	55738
following:	55739

(a) The number of students enrolled in grades one through	55740
twelve and the number of students enrolled in kindergarten in the	55741
school who are not receiving special education and related	55742
services pursuant to an IEP;	55743

(b) The number of enrolled students in grades one through	55744
twelve and the number of enrolled students in kindergarten, who	55745
are receiving special education and related services pursuant to	55746
an IEP;	55747

(c) The number of students reported under division (B)(2)(b)	55748
of this section receiving special education and related services	55749
pursuant to an IEP for a disability described in each of divisions	55750
(A) to (F) of section 3317.013 of the Revised Code;	55751

(d) The full-time equivalent number of students reported	55752
under divisions (B)(2)(a) and (b) of this section who are enrolled	55753
in vocational education programs or classes described in each of	55754
divisions (A) and (B) of section 3317.014 of the Revised Code that	55755
are provided by the community school;	55756

(e) Twenty per cent of the number of students reported under	55757
divisions (B)(2)(a) and (b) of this section who are not reported	55758
under division (B)(2)(d) of this section but who are enrolled in	55759
vocational education programs or classes described in each of	55760
divisions (A) and (B) of section 3317.014 of the Revised Code at a	55761
joint vocational school district under a contract between the	55762
community school and the joint vocational school district and are	55763
entitled to attend school in a city, local, or exempted village	55764
school district whose territory is part of the territory of the	55765
joint vocational school district;	55766

(f) The number of enrolled preschool children with	55767
disabilities receiving special education services in a	55768
state-funded unit;	55769

(g) The community school's base formula amount;

55770

(h) For each student, the city, exempted village, or local	55771
school district in which the student is entitled to attend school;	55772

(i) Any poverty-based assistance reduction factor that	55773
applies to a school year.	55774

(C) From the state education aid calculated for a city,	55775
exempted village, or local school district and, if necessary, from	55776
the payment made to the district under sections 321.24 and 323.156	55777
of the Revised Code, the department of education shall annually	55778
subtract the sum of the amounts described in divisions (C)(1) to	55779
(9) of this section. However, when deducting payments on behalf of	55780
students enrolled in internet- or computer-based community	55781
schools, the department shall deduct only those amounts described	55782
in divisions (C)(1) and (2) of this section. Furthermore, the	55783
aggregate amount deducted under this division shall not exceed the	55784
sum of the district's state education aid and its payment under	55785
sections 321.24 and 323.156 of the Revised Code.	55786

(1) An amount equal to the sum of the amounts obtained when,	55787
for each community school where the district's students are	55788
enrolled, the number of the district's students reported under	55789
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	55790
in grades one through twelve, and one-half the number of students	55791
reported under those divisions who are enrolled in kindergarten,	55792
in that community school is multiplied by the sum of the base	55793
formula amount of that community school plus the per pupil amount	55794
of the base funding supplements specified in divisions (C)(1) to	55795
(4) of section 3317.012 of the Revised Code.	55796

(2) The sum of the amounts calculated under divisions	55797
(C)(2)(a) and (b) of this section:	55798

(a) For each of the district's students reported under	55799
division (B)(2)(c) of this section as enrolled in a community	55800
school in grades one through twelve and receiving special	55801
education and related services pursuant to an IEP for a disability	55802
described in section 3317.013 of the Revised Code, the product of	55803
the applicable special education weight times the community	55804
school's base formula amount;	55805

(b) For each of the district's students reported under	55806
division (B)(2)(c) of this section as enrolled in kindergarten in	55807
a community school and receiving special education and related	55808
services pursuant to an IEP for a disability described in section	55809
3317.013 of the Revised Code, one-half of the amount calculated as	55810
prescribed in division (C)(2)(a) of this section.	55811

(3) For each of the district's students reported under	55812
division (B)(2)(d) of this section for whom payment is made under	55813
division (D)(4) of this section, the amount of that payment;	55814

(4) An amount equal to the sum of the amounts obtained when,	55815
for each community school where the district's students are	55816
enrolled, the number of the district's students enrolled in that	55817
community school who are included in the district's poverty	55818
student count is multiplied by the per pupil amount of	55819
poverty-based assistance the school district receives that year	55820
pursuant to division (C) of section 3317.029 of the Revised Code,	55821
as adjusted by any poverty-based assistance reduction factor of	55822
that community school. The per pupil amount of that aid for the	55823
district shall be calculated by the department.	55824

(5) An amount equal to the sum of the amounts obtained when,	55825
for each community school where the district's students are	55826
enrolled, the district's per pupil amount of aid received under	55827
division (E) of section 3317.029 of the Revised Code, as adjusted	55828
by any poverty-based assistance reduction factor of the community	55829
school, is multiplied by the sum of the following:	55830

(a) The number of the district's students reported under	55831
division (B)(2)(a) of this section who are enrolled in grades one	55832
to three in that community school and who are not receiving	55833
special education and related services pursuant to an IEP;	55834

(b) One-half of the district's students who are enrolled in	55835
all-day or any other kindergarten class in that community school	55836
and who are not receiving special education and related services	55837
pursuant to an IEP;	55838

(c) One-half of the district's students who are enrolled in	55839
all-day kindergarten in that community school and who are not	55840
receiving special education and related services pursuant to an	55841
IEP.	55842

The district's per pupil amount of aid under division (E) of	55843
section 3317.029 of the Revised Code is the quotient of the amount	55844
the district received under that division divided by the	55845
district's kindergarten through third grade ADM, as defined in	55846
that section.	55847

(6) An amount equal to the sum of the amounts obtained when,	55848
for each community school where the district's students are	55849
enrolled, the district's per pupil amount received under division	55850
(F) of section 3317.029 of the Revised Code, as adjusted by any	55851
poverty-based assistance reduction factor of that community	55852
school, is multiplied by the number of the district's students	55853
enrolled in the community school who are identified as	55854
limited-English proficient.	55855

(7) An amount equal to the sum of the amounts obtained when,	55856
for each community school where the district's students are	55857
enrolled, the district's per pupil amount received under division	55858
(G) of section 3317.029 of the Revised Code, as adjusted by any	55859
poverty-based assistance reduction factor of that community	55860
school, is multiplied by the sum of the following:	55861

(a) The number of the district's students enrolled in grades	55862
one through twelve in that community school;	55863

(b) One-half of the number of the district's students	55864
enrolled in kindergarten in that community school.	55865

The district's per pupil amount under division (G) of section	55866
3317.029 of the Revised Code is the district's amount per teacher	55867
calculated under division (G)(1) or (2) of that section divided by	55868
17.	55869

(8) An amount equal to the sum of the amounts obtained when,	55870
for each community school where the district's students are	55871
enrolled, the district's per pupil amount received under divisions	55872
(H) and (I) of section 3317.029 of the Revised Code, as adjusted	55873
by any poverty-based assistance reduction factor of that community	55874
school, is multiplied by the sum of the following:	55875

(a) The number of the district's students enrolled in grades	55876
one through twelve in that community school;	55877

(b) One-half of the number of the district's students	55878
enrolled in kindergarten in that community school.	55879

The district's per pupil amount under divisions (H) and (I)	55880
of section 3317.029 of the Revised Code is the amount calculated	55881
under each division divided by the district's formula ADM, as	55882
defined in section 3317.02 of the Revised Code.	55883

(9) An amount equal to the per pupil state parity aid funding	55884
calculated for the school district under either division (C) or	55885
(D) of section 3317.0217 of the Revised Code multiplied by the sum	55886
of the number of students in grades one through twelve, and	55887
one-half of the number of students in kindergarten, who are	55888
entitled to attend school in the district and are enrolled in a	55889
community school as reported under division (B)(1) of this	55890
section.	55891

(D) The department shall annually pay to a community school	55892
established under this chapter the sum of the amounts described in	55893
divisions (D)(1) to (10) of this section. However, the department	55894
shall calculate and pay to each internet- or computer-based	55895
community school only the amounts described in divisions (D)(1) to	55896
(3) of this section. Furthermore, the sum of the payments to all	55897
community schools under divisions (D)(1), (2), and (4) to (10) of	55898
this section for the students entitled to attend school in any	55899
particular school district shall not exceed the sum of that	55900
district's state education aid and its payment under sections	55901
321.24 and 323.156 of the Revised Code. If the sum of the payments	55902
calculated under those divisions for the students entitled to	55903
attend school in a particular school district exceeds the sum of	55904
that district's state education aid and its payment under sections	55905
321.24 and 323.156 of the Revised Code, the department shall	55906
calculate and apply a proration factor to the payments to all	55907
community schools under those divisions for the students entitled	55908
to attend school in that district.	55909

(1) ~~Subject to section 3314.085 of the Revised Code, an~~An	55910
amount equal to the sum of the amounts obtained when the number of	55911
students enrolled in grades one through twelve, plus one-half of	55912
the kindergarten students in the school, reported under divisions	55913
(B)(2)(a), (b), and (e) of this section who are not receiving	55914
special education and related services pursuant to an IEP for a	55915
disability described in section 3317.013 of the Revised Code is	55916
multiplied by the sum of the community school's base formula	55917
amount plus the per pupil amount of the base funding supplements	55918
specified in divisions (C)(1) to (4) of section 3317.012 of the	55919
Revised Code.	55920

(2) ~~Prior to fiscal year 2007, the greater of the amount~~	55921
~~calculated under division (D)(2)(a) or (b) of this section, and in~~	55922
~~fiscal year 2007 and thereafter, the amount calculated under~~	55923
~~division (D)(2)(b) of this section:~~	55924

~~(a) The aggregate amount that the department paid to the~~	55925
~~community school in fiscal year 1999 for students receiving~~	55926
~~special education and related services pursuant to IEPs, excluding~~	55927
~~federal funds and state disadvantaged pupil impact aid funds;~~	55928

~~(b)~~ The sum of the following amounts ~~calculated under~~	55929
~~divisions (D)(2)(b)(i) and (ii) of this section~~:	55930

~~(i)~~(a) For each student reported under division (B)(2)(c) of	55931
this section as enrolled in the school in grades one through	55932
twelve and receiving special education and related services	55933
pursuant to an IEP for a disability described in section 3317.013	55934
of the Revised Code, the following amount:	55935

(the school's base formula amount plus	55936

the per pupil amount of the base funding supplements specified in	55937

divisions (C)(1) to (4) of section 3317.012 of the Revised Code)	55938

+ (the applicable special education weight X the	55939

community school's base formula amount);	55940

~~(ii)~~(b) For each student reported under division (B)(2)(c) of	55941
this section as enrolled in kindergarten and receiving special	55942
education and related services pursuant to an IEP for a disability	55943
described in section 3317.013 of the Revised Code, one-half of the	55944
amount calculated under the formula prescribed in division	55945
(D)(2)~~(b)(i)~~(a) of this section.	55946

(3) An amount received from federal funds to provide special	55947
education and related services to students in the community	55948
school, as determined by the superintendent of public instruction.	55949

(4) For each student reported under division (B)(2)(d) of	55950
this section as enrolled in vocational education programs or	55951
classes that are described in section 3317.014 of the Revised	55952
Code, are provided by the community school, and are comparable as	55953
determined by the superintendent of public instruction to school	55954
district vocational education programs and classes eligible for	55955
state weighted funding under section 3317.014 of the Revised Code,	55956
an amount equal to the applicable vocational education weight	55957
times the community school's base formula amount times the	55958
percentage of time the student spends in the vocational education	55959
programs or classes.	55960

(5) An amount equal to the sum of the amounts obtained when,	55961
for each school district where the community school's students are	55962
entitled to attend school, the number of that district's students	55963
enrolled in the community school who are included in the	55964
district's poverty student count is multiplied by the per pupil	55965
amount of poverty-based assistance that school district receives	55966
that year pursuant to division (C) of section 3317.029 of the	55967
Revised Code, as adjusted by any poverty-based assistance	55968
reduction factor of the community school. The per pupil amount of	55969
aid shall be determined as described in division (C)(4) of this	55970
section.	55971

(6) An amount equal to the sum of the amounts obtained when,	55972
for each school district where the community school's students are	55973
entitled to attend school, the district's per pupil amount of aid	55974
received under division (E) of section 3317.029 of the Revised	55975
Code, as adjusted by any poverty-based assistance reduction factor	55976
of the community school, is multiplied by the sum of the	55977
following:	55978

(a) The number of the district's students reported under	55979
division (B)(2)(a) of this section who are enrolled in grades one	55980
to three in that community school and who are not receiving	55981
special education and related services pursuant to an IEP;	55982

(b) One-half of the district's students who are enrolled in	55983
all-day or any other kindergarten class in that community school	55984
and who are not receiving special education and related services	55985
pursuant to an IEP;	55986

(c) One-half of the district's students who are enrolled in	55987
all-day kindergarten in that community school and who are not	55988
receiving special education and related services pursuant to an	55989
IEP.	55990

The district's per pupil amount of aid under division (E) of	55991
section 3317.029 of the Revised Code shall be determined as	55992
described in division (C)(5) of this section.	55993

(7) An amount equal to the sum of the amounts obtained when,	55994
for each school district where the community school's students are	55995
entitled to attend school, the number of that district's students	55996
enrolled in the community school who are identified as	55997
limited-English proficient is multiplied by the district's per	55998
pupil amount received under division (F) of section 3317.029 of	55999
the Revised Code, as adjusted by any poverty-based assistance	56000
reduction factor of the community school.	56001

(8) An amount equal to the sum of the amounts obtained when,	56002
for each school district where the community school's students are	56003
entitled to attend school, the district's per pupil amount	56004
received under division (G) of section 3317.029 of the Revised	56005
Code, as adjusted by any poverty-based assistance reduction factor	56006
of the community school, is multiplied by the sum of the	56007
following:	56008

(a) The number of the district's students enrolled in grades	56009
one through twelve in that community school;	56010

(b) One-half of the number of the district's students	56011
enrolled in kindergarten in that community school.	56012

The district's per pupil amount under division (G) of section	56013
3317.029 of the Revised Code shall be determined as described in	56014
division (C)(7) of this section.	56015

(9) An amount equal to the sum of the amounts obtained when,	56016
for each school district where the community school's students are	56017
entitled to attend school, the district's per pupil amount	56018
received under divisions (H) and (I) of section 3317.029 of the	56019
Revised Code, as adjusted by any poverty-based assistance	56020
reduction factor of the community school, is multiplied by the sum	56021
of the following:	56022

(a) The number of the district's students enrolled in grades	56023
one through twelve in that community school;	56024

(b) One-half of the number of the district's students	56025
enrolled in kindergarten in that community school.	56026

The district's per pupil amount under divisions (H) and (I)	56027
of section 3317.029 of the Revised Code shall be determined as	56028
described in division (C)(8) of this section.	56029

(10) An amount equal to the sum of the amounts obtained when,	56030
for each school district where the community school's students are	56031
entitled to attend school, the district's per pupil amount of	56032
state parity aid funding calculated under either division (C) or	56033
(D) of section 3317.0217 of the Revised Code is multiplied by the	56034
sum of the number of that district's students enrolled in grades	56035
one through twelve, and one-half of the number of that district's	56036
students enrolled in kindergarten, in the community school as	56037
reported under ~~division~~divisions (B)(2)(a) and (b) of this	56038
section.	56039

(E)(1) If a community school's costs for a fiscal year for a	56040
student receiving special education and related services pursuant	56041
to an IEP for a disability described in divisions (B) to (F) of	56042
section 3317.013 of the Revised Code exceed the threshold	56043
catastrophic cost for serving the student as specified in division	56044
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	56045
submit to the superintendent of public instruction documentation,	56046
as prescribed by the superintendent, of all its costs for that	56047
student. Upon submission of documentation for a student of the	56048
type and in the manner prescribed, the department shall pay to the	56049
community school an amount equal to the school's costs for the	56050
student in excess of the threshold catastrophic costs.	56051

(2) The community school shall only report under division	56052
(E)(1) of this section, and the department shall only pay for, the	56053
costs of educational expenses and the related services provided to	56054
the student in accordance with the student's individualized	56055
education program. Any legal fees, court costs, or other costs	56056
associated with any cause of action relating to the student may	56057
not be included in the amount.	56058

(F) A community school may apply to the department of	56059
education for preschool children with disabilities ~~or gifted~~ unit	56060
funding the school would receive if it were a school district.	56061
Upon request of its governing authority, a community school that	56062
received such unit funding as a school district-operated school	56063
before it became a community school shall retain any units awarded	56064
to it as a school district-operated school provided the school	56065
continues to meet eligibility standards for the unit.	56066

A community school shall be considered a school district and	56067
its governing authority shall be considered a board of education	56068
for the purpose of applying to any state or federal agency for	56069
grants that a school district may receive under federal or state	56070
law or any appropriations act of the general assembly. The	56071
governing authority of a community school may apply to any private	56072
entity for additional funds.	56073

(G) A board of education sponsoring a community school may	56074
utilize local funds to make enhancement grants to the school or	56075
may agree, either as part of the contract or separately, to	56076
provide any specific services to the community school at no cost	56077
to the school.	56078

(H) A community school may not levy taxes or issue bonds	56079
secured by tax revenues.	56080

(I) No community school shall charge tuition for the	56081
enrollment of any student.	56082

(J)(1)(a) A community school may borrow money to pay any	56083
necessary and actual expenses of the school in anticipation of the	56084
receipt of any portion of the payments to be received by the	56085
school pursuant to division (D) of this section. The school may	56086
issue notes to evidence such borrowing. The proceeds of the notes	56087
shall be used only for the purposes for which the anticipated	56088
receipts may be lawfully expended by the school.	56089

(b) A school may also borrow money for a term not to exceed	56090
fifteen years for the purpose of acquiring facilities.	56091

(2) Except for any amount guaranteed under section 3318.50 of	56092
the Revised Code, the state is not liable for debt incurred by the	56093
governing authority of a community school.	56094

(K) For purposes of determining the number of students for	56095
which divisions (D)(5) and (6) of this section applies in any	56096
school year, a community school may submit to the department of	56097
job and family services, no later than the first day of March, a	56098
list of the students enrolled in the school. For each student on	56099
the list, the community school shall indicate the student's name,	56100
address, and date of birth and the school district where the	56101
student is entitled to attend school. Upon receipt of a list under	56102
this division, the department of job and family services shall	56103
determine, for each school district where one or more students on	56104
the list is entitled to attend school, the number of students	56105
residing in that school district who were included in the	56106
department's report under section 3317.10 of the Revised Code. The	56107
department shall make this determination on the basis of	56108
information readily available to it. Upon making this	56109
determination and no later than ninety days after submission of	56110
the list by the community school, the department shall report to	56111
the state department of education the number of students on the	56112
list who reside in each school district who were included in the	56113
department's report under section 3317.10 of the Revised Code. In	56114
complying with this division, the department of job and family	56115
services shall not report to the state department of education any	56116
personally identifiable information on any student.	56117

(L) The department of education shall adjust the amounts	56118
subtracted and paid under divisions (C) and (D) of this section to	56119
reflect any enrollment of students in community schools for less	56120
than the equivalent of a full school year. The state board of	56121
education within ninety days after April 8, 2003, shall adopt in	56122
accordance with Chapter 119. of the Revised Code rules governing	56123
the payments to community schools under this section and section	56124
3314.13 of the Revised Code including initial payments in a school	56125
year and adjustments and reductions made in subsequent periodic	56126
payments to community schools and corresponding deductions from	56127
school district accounts as provided under divisions (C) and (D)	56128
of this section and section 3314.13 of the Revised Code. For	56129
purposes of this section and section 3314.13 of the Revised Code:	56130

(1) A student shall be considered enrolled in the community	56131
school for any portion of the school year the student is	56132
participating at a college under Chapter 3365. of the Revised	56133
Code.	56134

(2) A student shall be considered to be enrolled in a	56135
community school ~~during a school year~~ for the period of time	56136
beginning on the later of the date on which the school both has	56137
received documentation of the student's enrollment from a parent	56138
and the student has commenced participation in learning	56139
opportunities as defined in the contract with the sponsor, or	56140
thirty days prior to the date on which the student is entered into	56141
the education management information system established under	56142
section 3301.0714 of the Revised Code. For purposes of applying	56143
this division and divisions (L)(3) and (4) of this section to a	56144
community school student, "learning opportunities" shall be	56145
defined in the contract, which shall describe both classroom-based	56146
and non-classroom-based learning opportunities and shall be in	56147
compliance with criteria and documentation requirements for	56148
student participation which shall be established by the	56149
department. Any student's instruction time in non-classroom-based	56150
learning opportunities shall be certified by an employee of the	56151
community school. A student's enrollment shall be considered to	56152
cease on the date on which any of the following occur:	56153

(a) The community school receives documentation from a parent	56154
terminating enrollment of the student.	56155

(b) The community school is provided documentation of a	56156
student's enrollment in another public or private school.	56157

(c) The community school ceases to offer learning	56158
opportunities to the student pursuant to the terms of the contract	56159
with the sponsor or the operation of any provision of this	56160
chapter.	56161

Except as otherwise specified in this paragraph, beginning in	56162
the 2011-2012 school year, any student who completed the prior	56163
school year in an internet- or computer-based community school	56164
shall be considered to be enrolled in the same school in the	56165
subsequent school year until the student's enrollment has ceased	56166
as specified in division (L)(2) of this section. The department	56167
shall continue subtracting and paying amounts for the student	56168
under divisions (C) and (D) of this section without interruption	56169
at the start of the subsequent school year. However, if the	56170
student without a legitimate excuse fails to participate in the	56171
first one hundred five consecutive hours of learning opportunities	56172
offered to the student in that subsequent school year, the student	56173
shall be considered not to have re-enrolled in the school for that	56174
school year and the department shall recalculate the payments to	56175
the school for that school year to account for the fact that the	56176
student is not enrolled.	56177

(3) The department shall determine each community school	56178
student's percentage of full-time equivalency based on the	56179
percentage of learning opportunities offered by the community	56180
school to that student, reported either as number of hours or	56181
number of days, is of the total learning opportunities offered by	56182
the community school to a student who attends for the school's	56183
entire school year. However, no internet- or computer-based	56184
community school shall be credited for any time a student spends	56185
participating in learning opportunities beyond ten hours within	56186
any period of twenty-four consecutive hours. Whether it reports	56187
hours or days of learning opportunities, each community school	56188
shall offer not less than nine hundred twenty hours of learning	56189
opportunities during the school year.	56190

(4) With respect to the calculation of full-time equivalency	56191
under division (L)(3) of this section, the department shall waive	56192
the number of hours or days of learning opportunities not offered	56193
to a student because the community school was closed during the	56194
school year due to disease epidemic, hazardous weather conditions,	56195
inoperability of school buses or other equipment necessary to the	56196
school's operation, damage to a school building, or other	56197
temporary circumstances due to utility failure rendering the	56198
school building unfit for school use, so long as the school was	56199
actually open for instruction with students in attendance during	56200
that school year for not less than the minimum number of hours	56201
required by this chapter. The department shall treat the school as	56202
if it were open for instruction with students in attendance during	56203
the hours or days waived under this division.	56204

(M) The department of education shall reduce the amounts paid	56205
under division (D) of this section to reflect payments made to	56206
colleges under division (B) of section 3365.07 of the Revised Code	56207
or through alternative funding agreements entered into under rules	56208
adopted under section 3365.12 of the Revised Code.	56209

(N)(1) No student shall be considered enrolled in any	56210
internet- or computer-based community school or, if applicable to	56211
the student, in any community school that is required to provide	56212
the student with a computer pursuant to division (C) of section	56213
3314.22 of the Revised Code, unless both of the following	56214
conditions are satisfied:	56215

(a) The student possesses or has been provided with all	56216
required hardware and software materials and all such materials	56217
are operational so that the student is capable of fully	56218
participating in the learning opportunities specified in the	56219
contract between the school and the school's sponsor as required	56220
by division (A)(23) of section 3314.03 of the Revised Code;	56221

(b) The school is in compliance with division (A) of section	56222
3314.22 of the Revised Code, relative to such student.	56223

(2) In accordance with policies adopted jointly by the	56224
superintendent of public instruction and the auditor of state, the	56225
department shall reduce the amounts otherwise payable under	56226
division (D) of this section to any community school that includes	56227
in its program the provision of computer hardware and software	56228
materials to any student, if such hardware and software materials	56229
have not been delivered, installed, and activated for each such	56230
student in a timely manner or other educational materials or	56231
services have not been provided according to the contract between	56232
the individual community school and its sponsor.	56233

The superintendent of public instruction and the auditor of	56234
state shall jointly establish a method for auditing any community	56235
school to which this division pertains to ensure compliance with	56236
this section.	56237

The superintendent, auditor of state, and the governor shall	56238
jointly make recommendations to the general assembly for	56239
legislative changes that may be required to assure fiscal and	56240
academic accountability for such schools.	56241

(O)(1) If the department determines that a review of a	56242
community school's enrollment is necessary, such review shall be	56243
completed and written notice of the findings shall be provided to	56244
the governing authority of the community school and its sponsor	56245
within ninety days of the end of the community school's fiscal	56246
year, unless extended for a period not to exceed thirty additional	56247
days for one of the following reasons:	56248

(a) The department and the community school mutually agree to	56249
the extension.	56250

(b) Delays in data submission caused by either a community	56251
school or its sponsor.	56252

(2) If the review results in a finding that additional	56253
funding is owed to the school, such payment shall be made within	56254
thirty days of the written notice. If the review results in a	56255
finding that the community school owes moneys to the state, the	56256
following procedure shall apply:	56257

(a) Within ten business days of the receipt of the notice of	56258
findings, the community school may appeal the department's	56259
determination to the state board of education or its designee.	56260

(b) The board or its designee shall conduct an informal	56261
hearing on the matter within thirty days of receipt of such an	56262
appeal and shall issue a decision within fifteen days of the	56263
conclusion of the hearing.	56264

(c) If the board has enlisted a designee to conduct the	56265
hearing, the designee shall certify its decision to the board. The	56266
board may accept the decision of the designee or may reject the	56267
decision of the designee and issue its own decision on the matter.	56268

(d) Any decision made by the board under this division is	56269
final.	56270

(3) If it is decided that the community school owes moneys to	56271
the state, the department shall deduct such amount from the	56272
school's future payments in accordance with guidelines issued by	56273
the superintendent of public instruction.	56274

(P) The department shall not subtract from a school	56275
district's state aid account under division (C) of this section	56276
and shall not pay to a community school under division (D) of this	56277
section any amount for any of the following:	56278

(1) Any student who has graduated from the twelfth grade of a	56279
public or nonpublic high school;	56280

(2) Any student who is not a resident of the state;

56281

(3) Any student who was enrolled in the community school	56282
during the previous school year when assessments were administered	56283
under section 3301.0711 of the Revised Code but did not take one	56284
or more of the assessments required by that section and was not	56285
excused pursuant to division (C)(1) or (3) of that section, unless	56286
the superintendent of public instruction grants the student a	56287
waiver from the requirement to take the assessment and a parent is	56288
not paying tuition for the student pursuant to section 3314.26 of	56289
the Revised Code. The superintendent may grant a waiver only for	56290
good cause in accordance with rules adopted by the state board of	56291
education.	56292

(4) Any student who has attained the age of twenty-two years,	56293
except for veterans of the armed services whose attendance was	56294
interrupted before completing the recognized twelve-year course of	56295
the public schools by reason of induction or enlistment in the	56296
armed forces and who apply for enrollment in a community school	56297
not later than four years after termination of war or their	56298
honorable discharge. If, however, any such veteran elects to	56299
enroll in special courses organized for veterans for whom tuition	56300
is paid under federal law, or otherwise, the department shall not	56301
subtract from a school district's state aid account under division	56302
(C) of this section and shall not pay to a community school under	56303
division (D) of this section any amount for that veteran.	56304

Sec. 3314.087. (A) As used in this section:

56305

(1) "Career-technical program" means vocational programs or	56306
classes described in division (A) or (B) of section 3317.014 of	56307
the Revised Code in which a student is enrolled.	56308

(2) "Formula ADM," "category one or two vocational education	56309
ADM," and "FTE basis" have the same meanings as in section 3317.02	56310
of the Revised Code.	56311

(3) "Resident school district" means the city, exempted	56312
village, or local school district in which a student is entitled	56313
to attend school under section 3313.64 or 3313.65 of the Revised	56314
Code.	56315

(B) Notwithstanding anything to the contrary in this chapter	56316
or Chapter ~~3306. or~~ 3317. of the Revised Code, a student enrolled	56317
in a community school may simultaneously enroll in the	56318
career-technical program operated by the student's resident school	56319
district. On an FTE basis, the student's resident school district	56320
shall count the student in the category one or two vocational	56321
education ADM for the proportion of the time the student is	56322
enrolled in the district's career-technical program and,	56323
accordingly, the department of education shall calculate funds	56324
under ~~Chapters 3306. and~~Chapter 3317. for the district	56325
attributable to the student for the proportion of time the student	56326
attends the career-technical program. The community school shall	56327
count the student in its enrollment report under section 3314.08	56328
of the Revised Code and shall report to the department the	56329
proportion of time that the student attends classes at the	56330
community school. The department shall pay the community school	56331
and deduct from the student's resident school district the amount	56332
computed for the student under section 3314.08 of the Revised Code	56333
in proportion to the fraction of the time on an FTE basis that the	56334
student attends classes at the community school. "Full-time	56335
equivalency" for a community school student, as defined in	56336
division (L) of section 3314.08 of the Revised Code, does not	56337
apply to the student.	56338

Sec. 3314.088. ~~(A)~~ For purposes of applying sections 3314.08	56339
and 3314.13 of the Revised Code to fiscal years ~~2010~~2012 and ~~2011~~	56340
2013:	56341

~~(1)~~(A) The base formula amount for community schools for each	56342
of fiscal ~~year 2010 is $5,718 and for fiscal year 2011 is $5,703.~~	56343
~~These respective amounts~~years 2012 and 2013 is $5,653. That	56344
amount shall be applied wherein sections 3314.08 and 3314.13 of	56345
the Revised Code the base formula amount is specified, except for	56346
deducting and paying amounts for special education weighted	56347
funding and vocational education weighted funding.	56348

~~(2)~~(B) The base funding supplements under section 3317.012 of	56349
the Revised Code shall be deemed in each year to be the amounts	56350
specified in that section for fiscal year 2009. Accordingly, when	56351
computing the per-pupil base funding supplements for a community	56352
school under that section for fiscal years 2012 and 2013, the	56353
department of education shall substitute $5,732 for the "formula	56354
amount" as used in divisions (C)(2), (3), and (4) of that section.	56355

~~(3)~~(C) Special education additional weighted funding shall be	56356
calculated by first grouping children with disabilities into the	56357
appropriate disability categories prescribed by section 3317.013	56358
of the Revised Code as that section existed for fiscal year 2009,	56359
and then by multiplying the ~~applicable weight~~respective multiple	56360
specified for that same fiscal year in that same version of that	56361
section ~~3317.013 of the Revised Code for fiscal year 2009~~, times	56362
$5,732.	56363

~~(4)~~(D) Vocational education additional weighted funding shall	56364
be calculated by multiplying the applicable weight specified in	56365
section 3317.014 of the Revised Code for fiscal year 2009 times	56366
$5,732.	56367

~~(5)~~(E) The per pupil amounts paid to a school district under	56368
sections 3317.029 and 3317.0217 of the Revised Code shall be	56369
deemed to be the respective per pupil amounts paid under those	56370
sections to that district for fiscal year 2009.	56371

~~(6)~~(F) A community school may receive all-day kindergarten	56372
payments under section 3314.13 of the Revised Code only for	56373
all-day kindergarten students who are entitled to attend school in	56374
school districts that, for fiscal year 2009, met the eligibility	56375
requirements of division (D) of section 3317.029 of the Revised	56376
Code. For students entitled to attend school in such school	56377
districts that actually received payment for all-day kindergarten	56378
for fiscal year 2009, the payments to community schools under	56379
section 3314.13 of the Revised Code shall be deducted from the	56380
school district's state education aid. For students entitled to	56381
attend school in such school districts that did not receive	56382
payment for all-day kindergarten for fiscal year 2009, the	56383
payments to community schools under section 3314.13 of the Revised	56384
Code shall be paid out of the funds appropriated under	56385
appropriation item 200550, foundation funding~~, as appropriated in~~	56386
~~section 265.10 of Am. Sub. H.B. 1 of the 128th General Assembly~~.	56387
As used in this division, "entitled to attend school" has the same	56388
meaning as in section 3314.08 of the Revised Code.	56389

~~(B) For purposes of applying section 3314.085 of the Revised~~	56390
~~Code to fiscal years 2010 and 2011, the minimum per pupil~~	56391
~~expenditure required for pupil instruction under that section is~~	56392
~~$2,931, which equals the minimum amount required by that section~~	56393
~~for fiscal year 2009.~~	56394

Sec. 3314.091. (A) A school district is not required to	56395
provide transportation for any native student enrolled in a	56396
community school if the district board of education has entered	56397
into an agreement with the community school's governing authority	56398
that designates the community school as responsible for providing	56399
or arranging for the transportation of the district's native	56400
students to and from the community school. For any such agreement	56401
to be effective, it must be certified by the superintendent of	56402
public instruction as having met all of the following	56403
requirements:	56404

(1) It is submitted to the department of education by a	56405
deadline which shall be established by the department.	56406

(2) In accordance with divisions (C)(1) and (2) of this	56407
section, it specifies qualifications, such as residing a minimum	56408
distance from the school, for students to have their	56409
transportation provided or arranged.	56410

(3) The transportation provided by the community school is	56411
subject to all provisions of the Revised Code and all rules	56412
adopted under the Revised Code pertaining to pupil transportation.	56413

(4) The sponsor of the community school also has signed the	56414
agreement.	56415

(B)(1) For the school year that begins on July 1, 2007, a	56416
school district is not required to provide transportation for any	56417
native student enrolled in a community school, if the community	56418
school during the previous school year transported the students	56419
enrolled in the school or arranged for the students'	56420
transportation, even if that arrangement consisted of having	56421
parents transport their children to and from the school, but did	56422
not enter into an agreement to transport or arrange for	56423
transportation for those students under division (A) of this	56424
section, and if the governing authority of the community school by	56425
July 15, 2007, submits written notification to the district board	56426
of education stating that the governing authority is accepting	56427
responsibility for providing or arranging for the transportation	56428
of the district's native students to and from the community	56429
school.	56430

(2) For any school year subsequent to the school year that	56431
begins on July 1, 2007, a school district is not required to	56432
provide transportation for any native student enrolled in a	56433
community school if the governing authority of the community	56434
school, by the thirty-first day of January of the previous school	56435
year, submits written notification to the district board of	56436
education stating that the governing authority is accepting	56437
responsibility for providing or arranging for the transportation	56438
of the district's native students to and from the community	56439
school. If the governing authority of the community school has	56440
previously accepted responsibility for providing or arranging for	56441
the transportation of a district's native students to and from the	56442
community school, under division (B)(1) or (2) of this section,	56443
and has since relinquished that responsibility under division	56444
(B)(3) of this section, the governing authority shall not accept	56445
that responsibility again unless the district board consents to	56446
the governing authority's acceptance of that responsibility.	56447

(3) A governing authority's acceptance of responsibility	56448
under division (B)(1) or (2) of this section shall cover an entire	56449
school year, and shall remain in effect for subsequent school	56450
years unless the governing authority submits written notification	56451
to the district board that the governing authority is	56452
relinquishing the responsibility. However, a governing authority	56453
shall not relinquish responsibility for transportation before the	56454
end of a school year, and shall submit the notice relinquishing	56455
responsibility by the thirty-first day of January, in order to	56456
allow the school district reasonable time to prepare	56457
transportation for its native students enrolled in the school.	56458

(C)(1) A community school governing authority that enters	56459
into an agreement under division (A) of this section, or that	56460
accepts responsibility under division (B) of this section, shall	56461
provide or arrange transportation free of any charge for each of	56462
its enrolled students who is required to be transported under	56463
section 3327.01 of the Revised Code or who would otherwise be	56464
transported by the school district under the district's	56465
transportation policy. The governing authority shall report to the	56466
department of education the number of students transported or for	56467
whom transportation is arranged under this section in accordance	56468
with rules adopted by the state board of education.	56469

(2) The governing authority may provide or arrange	56470
transportation for any other enrolled student who is not eligible	56471
for transportation in accordance with division (C)(1) of this	56472
section and may charge a fee for such service up to the actual	56473
cost of the service.	56474

(3) Notwithstanding anything to the contrary in division	56475
(C)(1) or (2) of this section, a community school governing	56476
authority shall provide or arrange transportation free of any	56477
charge for any disabled student enrolled in the school for whom	56478
the student's individualized education program developed under	56479
Chapter 3323. of the Revised Code specifies transportation.	56480

(D)(1) If a school district board and a community school	56481
governing authority elect to enter into an agreement under	56482
division (A) of this section, the department of education shall	56483
make payments to the community school according to the terms of	56484
the agreement for each student actually transported under division	56485
(C)(1) of this section.	56486

If a community school governing authority accepts	56487
transportation responsibility under division (B) of this section,	56488
the department shall make payments to the community school for	56489
each student actually transported or for whom transportation is	56490
arranged by the community school under division (C)(1) of this	56491
section, calculated as follows:	56492

(a) For any fiscal year which the general assembly has	56493
specified that transportation payments to school districts be	56494
based on an across-the-board percentage of the district's payment	56495
for the previous school year, the per pupil payment to the	56496
community school shall be the following quotient:	56497

(i) The total amount calculated for the school district in	56498
which the child is entitled to attend school for student	56499
transportation other than transportation of children with	56500
disabilities; divided by	56501

(ii) The number of students included in the district's	56502
transportation ADM for the current fiscal year, as reported under	56503
division (B)(13) of section 3317.03 of the Revised Code, plus the	56504
number of students enrolled in the community school not counted in	56505
the district's transportation ADM who are transported under	56506
division (B)(1) or (2) of this section.	56507

(b) For any fiscal year which the general assembly has	56508
specified that the transportation payments to school districts be	56509
calculated in accordance with section ~~3306.12~~3317.0212 of the	56510
Revised Code and any rules of the state board of education	56511
implementing that section, the payment to the community school	56512
shall be the amount so calculated that otherwise would be paid to	56513
the school district in which the student is entitled to attend	56514
school by the method of transportation the district would have	56515
used. The community school, however, is not required to use the	56516
same method to transport that student.	56517

(c) Divisions (D)(1)(a) and (b) of this section do not apply	56518
to fiscal years 2012 and 2013. Rather, for each of those fiscal	56519
years, the per pupil payment to a community school for	56520
transporting a student shall be the total amount paid under former	56521
section 3306.12 of the Revised Code for fiscal year 2011 to the	56522
school district in which the child is entitled to attend school	56523
divided by that district's "qualifying ridership," as defined in	56524
that section for fiscal year 2011.	56525

As used in this division "entitled to attend school" means	56526
entitled to attend school under section 3313.64 or 3313.65 of the	56527
Revised Code.	56528

(2) The department shall deduct the payment under division	56529
(D)(1) of this section from the state education aid, as defined in	56530
section 3314.08 of the Revised Code, and, if necessary, the	56531
payment under sections 321.14 and 323.156 of the Revised Code,	56532
that is otherwise paid to the school district in which the student	56533
enrolled in the community school is entitled to attend school. The	56534
department shall include the number of the district's native	56535
students for whom payment is made to a community school under	56536
division (D)(1) of this section in the calculation of the	56537
district's transportation payment under section ~~3306.12~~3317.0212	56538
of the Revised Code and the operating appropriations act.	56539

(3) A community school shall be paid under division (D)(1) of	56540
this section only for students who are eligible as specified in	56541
section 3327.01 of the Revised Code and division (C)(1) of this	56542
section, and whose transportation to and from school is actually	56543
provided, who actually utilized transportation arranged, or for	56544
whom a payment in lieu of transportation is made by the community	56545
school's governing authority. To qualify for the payments, the	56546
community school shall report to the department, in the form and	56547
manner required by the department, data on the number of students	56548
transported or whose transportation is arranged, the number of	56549
miles traveled, cost to transport, and any other information	56550
requested by the department.	56551

(4) A community school shall use payments received under this	56552
section solely to pay the costs of providing or arranging for the	56553
transportation of students who are eligible as specified in	56554
section 3327.01 of the Revised Code and division (C)(1) of this	56555
section, which may include payments to a parent, guardian, or	56556
other person in charge of a child in lieu of transportation.	56557

(E) Except when arranged through payment to a parent,	56558
guardian, or person in charge of a child, transportation provided	56559
or arranged for by a community school pursuant to an agreement	56560
under this section is subject to all provisions of the Revised	56561
Code, and all rules adopted under the Revised Code, pertaining to	56562
the construction, design, equipment, and operation of school buses	56563
and other vehicles transporting students to and from school. The	56564
drivers and mechanics of the vehicles are subject to all	56565
provisions of the Revised Code, and all rules adopted under the	56566
Revised Code, pertaining to drivers and mechanics of such	56567
vehicles. The community school also shall comply with sections	56568
3313.201, 3327.09, and 3327.10 of the Revised Code, division (B)	56569
of section 3327.16 of the Revised Code and, subject to division	56570
(C)(1) of this section, sections 3327.01 and 3327.02 of the	56571
Revised Code, as if it were a school district.	56572

Sec. 3314.10. (A)(1) The governing authority of any	56573
community school established under this chapter may employ	56574
teachers and nonteaching employees necessary to carry out its	56575
mission and fulfill its contract.	56576

(2) Except as provided under division (A)(3) of this section,	56577
employees hired under this section may organize and collectively	56578
bargain pursuant to Chapter 4117. of the Revised Code.	56579
Notwithstanding division (D)(1) of section 4117.06 of the Revised	56580
Code, a unit containing teaching and nonteaching employees	56581
employed under this section shall be considered an appropriate	56582
unit. As applicable, employment under this section is subject to	56583
either Chapter 3307. or 3309. of the Revised Code.	56584

(3) If a school is created by converting all or part of an	56585
existing public school rather than by establishment of a new	56586
start-up school, at the time of conversion, the employees of the	56587
community school shall remain part of any collective bargaining	56588
unit in which they were included immediately prior to the	56589
conversion and shall remain subject to any collective bargaining	56590
agreement for that unit in effect on the first day of July of the	56591
year in which the community school initially begins operation and	56592
shall be subject to any subsequent collective bargaining agreement	56593
for that unit, unless a petition is certified as sufficient under	56594
division (A)(6) of this section with regard to those employees.	56595
Any new employees of the community school shall also be included	56596
in the unit to which they would have been assigned had not the	56597
conversion taken place and shall be subject to the collective	56598
bargaining agreement for that unit unless a petition is certified	56599
as sufficient under division (A)(6) of this section with regard to	56600
those employees.	56601

Notwithstanding division (B) of section 4117.01 of the	56602
Revised Code, the board of education of a school district and not	56603
the governing authority of a community school shall be regarded,	56604
for purposes of Chapter 4117. of the Revised Code, as the "public	56605
employer" of the employees of a conversion community school	56606
subject to a collective bargaining agreement pursuant to division	56607
(A)(3) of this section unless a petition is certified under	56608
division (A)(6) of this section with regard to those employees.	56609
Only on and after the effective date of a petition certified as	56610
sufficient under division (A)(6) of this section shall division	56611
(A)(2) of this section apply to those employees of that community	56612
school and only on and after the effective date of that petition	56613
shall Chapter 4117. of the Revised Code apply to the governing	56614
authority of that community school with regard to those employees.	56615

(4) Notwithstanding sections 4117.03 to 4117.18 of the	56616
Revised Code and Section 4 of Amended Substitute Senate Bill No.	56617
133 of the 115th general assembly, the employees of a conversion	56618
community school who are subject to a collective bargaining	56619
agreement pursuant to division (A)(3) of this section shall cease	56620
to be subject to that agreement and all subsequent agreements	56621
pursuant to that division and shall cease to be part of the	56622
collective bargaining unit that is subject to that and all	56623
subsequent agreements, if a majority of the employees of that	56624
community school who are subject to that collective bargaining	56625
agreement sign and submit to the state employment relations board	56626
a petition requesting all of the following:	56627

(a) That all the employees of the community school who are	56628
subject to that agreement be removed from the bargaining unit that	56629
is subject to that agreement and be designated by the state	56630
employment relations board as a new and separate bargaining unit	56631
for purposes of Chapter 4117. of the Revised Code;	56632

(b) That the employee organization certified as the exclusive	56633
representative of the employees of the bargaining unit from which	56634
the employees are to be removed be certified as the exclusive	56635
representative of the new and separate bargaining unit for	56636
purposes of Chapter 4117. of the Revised Code;	56637

(c) That the governing authority of the community school be	56638
regarded as the "public employer" of these employees for purposes	56639
of Chapter 4117. of the Revised Code.	56640

(5) Notwithstanding sections 4117.03 to 4117.18 of the	56641
Revised Code and Section 4 of Amended Substitute Senate Bill No.	56642
133 of the 115th general assembly, the employees of a conversion	56643
community school who are subject to a collective bargaining	56644
agreement pursuant to division (A)(3) of this section shall cease	56645
to be subject to that agreement and all subsequent agreements	56646
pursuant to that division, shall cease to be part of the	56647
collective bargaining unit that is subject to that and all	56648
subsequent agreements, and shall cease to be represented by any	56649
exclusive representative of that collective bargaining unit, if a	56650
majority of the employees of the community school who are subject	56651
to that collective bargaining agreement sign and submit to the	56652
state employment relations board a petition requesting all of the	56653
following:	56654

(a) That all the employees of the community school who are	56655
subject to that agreement be removed from the bargaining unit that	56656
is subject to that agreement;	56657

(b) That any employee organization certified as the exclusive	56658
representative of the employees of that bargaining unit be	56659
decertified as the exclusive representative of the employees of	56660
the community school who are subject to that agreement;	56661

(c) That the governing authority of the community school be	56662
regarded as the "public employer" of these employees for purposes	56663
of Chapter 4117. of the Revised Code.	56664

(6) Upon receipt of a petition under division (A)(4) or (5)	56665
of this section, the state employment relations board shall check	56666
the sufficiency of the signatures on the petition. If the	56667
signatures are found sufficient, the board shall certify the	56668
sufficiency of the petition and so notify the parties involved,	56669
including the board of education, the governing authority of the	56670
community school, and any exclusive representative of the	56671
bargaining unit. The changes requested in a certified petition	56672
shall take effect on the first day of the month immediately	56673
following the date on which the sufficiency of the petition is	56674
certified under division (A)(6) of this section.	56675

(B)(1) The board of education of each city, local, and	56676
exempted village school district sponsoring a community school and	56677
the governing board of each educational service center in which a	56678
community school is located shall adopt a policy that provides a	56679
leave of absence of at least three years to each teacher or	56680
nonteaching employee of the district or service center who is	56681
employed by a conversion or new start-up community school	56682
sponsored by the district or located in the district or center for	56683
the period during which the teacher or employee is continuously	56684
employed by the community school. The policy shall also provide	56685
that any teacher or nonteaching employee may return to employment	56686
by the district or service center if the teacher or employee	56687
leaves or is discharged from employment with the community school	56688
for any reason, unless, in the case of a teacher, the board of the	56689
district or service center determines that the teacher was	56690
discharged for a reason for which the board would have sought to	56691
discharge the teacher under section 3319.16 of the Revised Code,	56692
in which case the board may proceed to discharge the teacher	56693
utilizing the procedures of that section. Upon termination of such	56694
a leave of absence, any seniority that is applicable to the person	56695
shall be calculated to include all of the following: all	56696
employment by the district or service center prior to the leave of	56697
absence; all employment by the community school during the leave	56698
of absence; and all employment by the district or service center	56699
after the leave of absence. The policy shall also provide that if	56700
any teacher holding valid certification returns to employment by	56701
the district or service center upon termination of such a leave of	56702
absence, the teacher shall be restored to the previous position	56703
and salary or to a position and salary similar thereto. If, as a	56704
result of teachers returning to employment upon termination of	56705
such leaves of absence, a school district or educational service	56706
center reduces the number of teachers it employs, it shall make	56707
such reductions in accordance with section ~~3319.17 or, if~~	56708
~~applicable,~~ 3319.171 of the Revised Code.	56709

Unless a collective bargaining agreement providing otherwise	56710
is in effect for an employee of a conversion community school	56711
pursuant to division (A)(3) of this section, an employee on a	56712
leave of absence pursuant to this division shall remain eligible	56713
for any benefits that are in addition to benefits under Chapter	56714
3307. or 3309. of the Revised Code provided by the district or	56715
service center to its employees provided the employee pays the	56716
entire cost associated with such benefits, except that personal	56717
leave and vacation leave cannot be accrued for use as an employee	56718
of a school district or service center while in the employ of a	56719
community school unless the district or service center board	56720
adopts a policy expressly permitting this accrual.	56721

(2) While on a leave of absence pursuant to division (B)(1)	56722
of this section, a conversion community school shall permit a	56723
teacher to use sick leave accrued while in the employ of the	56724
school district from which the leave of absence was taken and	56725
prior to commencing such leave. If a teacher who is on such a	56726
leave of absence uses sick leave so accrued, the cost of any	56727
salary paid by the community school to the teacher for that time	56728
shall be reported to the department of education. The cost of	56729
employing a substitute teacher for that time shall be paid by the	56730
community school. The department of education shall add amounts to	56731
the payments made to a community school under this chapter as	56732
necessary to cover the cost of salary reported by a community	56733
school as paid to a teacher using sick leave so accrued pursuant	56734
to this section. The department shall subtract the amounts of any	56735
payments made to community schools under this division from	56736
payments made to such sponsoring school district under ~~Chapters~~	56737
~~3306. and~~Chapter 3317. of the Revised Code.	56738

A school district providing a leave of absence and employee	56739
benefits to a person pursuant to this division is not liable for	56740
any action of that person while the person is on such leave and	56741
employed by a community school.	56742

Sec. 3314.102. As used in this section, "municipal school	56743
district" and "mayor" have the same meanings as in section 3311.71	56744
of the Revised Code.	56745

Notwithstanding section 3314.10 and sections 4117.03 to	56746
4117.18 of the Revised Code and Section 4 of Amended Substitute	56747
Senate Bill No. 133 of the 115th general assembly, the employees	56748
of a conversion community school that is sponsored by the board of	56749
education of a municipal school district shall cease to be subject	56750
to any future collective bargaining agreement, if the mayor	56751
submits to the board of education sponsoring the school and to the	56752
state employment relations board a statement requesting that all	56753
employees of the community school be removed from a collective	56754
bargaining unit. The employees of the community school who are	56755
covered by a collective bargaining agreement in effect on the date	56756
the mayor submits the statement shall remain subject to that	56757
collective bargaining agreement until the collective bargaining	56758
agreement expires on its terms. Upon expiration of that collective	56759
bargaining agreement, the employees of that school are not subject	56760
to Chapter 4117. of the Revised Code and may not organize or	56761
collectively bargain pursuant to that chapter.	56762

Sec. 3314.13. Payments and deductions under this section for	56763
fiscal years ~~2010~~2012 and ~~2011~~2013 shall be made in accordance	56764
with section 3314.088 of the Revised Code.	56765

(A) As used in this section:

56766

(1) "All-day kindergarten" has the same meaning as in section	56767
3317.029 of the Revised Code.	56768

(2) "Formula amount" has the same meaning as in section	56769
3317.02 of the Revised Code.	56770

(B) Except as provided in division (C) of this section, the	56771
department of education annually shall pay each community school	56772
established under this chapter one-half of the formula amount for	56773
each student to whom both of the following apply:	56774

(1) The student is entitled to attend school under section	56775
3313.64 or 3313.65 of the Revised Code in a school district that	56776
is eligible to receive a payment under division (D) of section	56777
3317.029 of the Revised Code if it provides all-day kindergarten;	56778

(2) The student is reported by the community school as	56779
enrolled in all-day kindergarten at the community school.	56780

(C) The department shall make no payments under this section	56781
to any internet- or computer-based community school.	56782

(D) If a student for whom payment is made under division (B)	56783
of this section is entitled to attend school in a district that	56784
receives any payment for all-day kindergarten under division (D)	56785
of section 3317.029 of the Revised Code, the department shall	56786
deduct the payment to the community school under this section from	56787
the amount paid that school district under that division. If that	56788
school district does not receive payment for all-day kindergarten	56789
under that division because it does not provide all-day	56790
kindergarten, the department shall pay the community school from	56791
state funds appropriated generally for poverty-based assistance to	56792
school districts.	56793

(E) The department shall adjust the amounts deducted from	56794
school districts and paid to community schools under this section	56795
to reflect any enrollments of students in all-day kindergarten in	56796
community schools for less than the equivalent of a full school	56797
year.	56798

Sec. 3314.19. The sponsor of each community school annually	56799
shall provide the following assurances in writing to the	56800
department of education not later than ten business days prior to	56801
the opening of the school:	56802

(A) That a current copy of the contract between the sponsor	56803
and the governing authority of the school entered into under	56804
section 3314.03 of the Revised Code has been filed with the ~~state~~	56805
~~office of community schools established under section 3314.11 of~~	56806
~~the Revised Code~~department and that any subsequent modifications	56807
to that contract will be filed with the ~~office~~department;	56808

(B) That the school has submitted to the sponsor a plan for	56809
providing special education and related services to students with	56810
disabilities and has demonstrated the capacity to provide those	56811
services in accordance with Chapter 3323. of the Revised Code and	56812
federal law;	56813

(C) That the school has a plan and procedures for	56814
administering the achievement and diagnostic assessments	56815
prescribed by sections 3301.0710, 3301.0712, and 3301.0715 of the	56816
Revised Code;	56817

(D) That school personnel have the necessary training,	56818
knowledge, and resources to properly use and submit information to	56819
all databases maintained by the department for the collection of	56820
education data, including the education management information	56821
system established under section 3301.0714 of the Revised Code in	56822
accordance with methods and timelines established under section	56823
3314.17 of the Revised Code;	56824

(E) That all required information about the school has been	56825
submitted to the Ohio education directory system or any successor	56826
system;	56827

(F) That the school will enroll at least the minimum number	56828
of students required by division (A)(11)(a) of section 3314.03 of	56829
the Revised Code in the school year for which the assurances are	56830
provided;	56831

(G) That all classroom teachers are licensed in accordance	56832
with sections 3319.22 to 3319.31 of the Revised Code, except for	56833
noncertificated persons engaged to teach up to twelve hours per	56834
week pursuant to section 3319.301 of the Revised Code;	56835

(H) That the school's fiscal officer is in compliance with	56836
section 3314.011 of the Revised Code;	56837

(I) That the school has complied with sections 3319.39 and	56838
3319.391 of the Revised Code with respect to all employees and	56839
that the school has conducted a criminal records check of each of	56840
its governing authority members;	56841

(J) That the school holds all of the following:

56842

(1) Proof of property ownership or a lease for the facilities	56843
used by the school;	56844

(2) A certificate of occupancy;

56845

(3) Liability insurance for the school, as required by	56846
division (A)(11)(b) of section 3314.03 of the Revised Code, that	56847
the sponsor considers sufficient to indemnify the school's	56848
facilities, staff, and governing authority against risk;	56849

(4) A satisfactory health and safety inspection;

56850

(5) A satisfactory fire inspection;

56851

(6) A valid food permit, if applicable.

56852

(K) That the sponsor has conducted a pre-opening site visit	56853
to the school for the school year for which the assurances are	56854
provided;	56855

(L) That the school has designated a date it will open for	56856
the school year for which the assurances are provided that is in	56857
compliance with division (A)(25) of section 3314.03 of the Revised	56858
Code;	56859

(M) That the school has met all of the sponsor's requirements	56860
for opening and any other requirements of the sponsor.	56861

Sec. 3314.22. (A)(1) Each child enrolled in an internet- or	56862
computer-based community school is entitled to a computer supplied	56863
by the school; however, the parent of any child enrolled in the	56864
school may waive this entitlement in the manner specified in	56865
division (A)(3) of this section. In no case shall an internet- or	56866
computer-based community school provide a stipend or other	56867
substitute to an enrolled child or the child's parent in lieu of	56868
supplying a computer to the child. The prohibition contained in	56869
the preceding sentence is intended to clarify the meaning of this	56870
division as it existed prior to September 29, 2005, and is not	56871
intended to change that meaning in any way.	56872

(2) Notwithstanding division (A)(1) of this section, if more	56873
than one child living in a single residence is enrolled in an	56874
internet- or computer-based community school, at the option of the	56875
parent of those children, the school may supply less than one	56876
computer per child, as long as at least one computer is supplied	56877
to the residence. An internet- or computer-based community school	56878
may supply no computer at all only if the parent has waived the	56879
entitlement prescribed in division (A)(1) of this section in the	56880
manner specified in division (A)(3) of this section. The parent	56881
may amend the decision to accept less than one computer per child	56882
anytime during the school year, and, in such case, within thirty	56883
days after the parent notifies the school of such amendment, the	56884
school shall provide any additiona1 computers requested by the	56885
parent up to the number necessary to comply with division (A)(1)	56886
of this section.	56887

(3) The parent of any child enrolled in an internet- or	56888
computer-based community school may waive the entitlement to one	56889
computer per child, and have no computer at all supplied by the	56890
school, if the school and parent set forth that waiver in writing	56891
with both parties attesting that there is a computer available to	56892
the child in the child's residence with sufficient hardware,	56893
software, programming, and connectivity so that the child may	56894
fully participate in all of the learning opportunities offered to	56895
the child by the school. The parent may amend the decision to	56896
waive the entitlement at any time during the school year and, in	56897
such case, within thirty days after the parent notifies the school	56898
of that decision, the school shall provide any additional	56899
computers requested by the parent up to the number necessary to	56900
comply with division (A)(1) of this section, regardless of whether	56901
there is any change in the conditions attested to in the waiver.	56902

(4) A copy of a waiver executed under division (A)(3) of this	56903
section shall be retained by the internet- or computer-based	56904
community school and the parent who attested to the conditions	56905
prescribed in that division. The school shall submit a copy of the	56906
waiver to the ~~office of community schools, established under~~	56907
~~section 3314.11 of the Revised Code,~~department of education	56908
immediately upon execution of the waiver.	56909

(5) The school shall notify the ~~office of community schools~~	56910
department of education, in the manner specified by the ~~office~~	56911
department, of any parent's decision under division (A)(2) of this	56912
section to accept less than one computer per child or the parent's	56913
amendment to that decision, and of any parent's decision to amend	56914
the waiver executed under division (A)(3) of this section.	56915

(B) Each internet- or computer-based community school shall	56916
provide to each parent who is considering enrolling the parent's	56917
child in the school and to the parent of each child already	56918
enrolled in the school a written notice of the provisions	56919
prescribed in division (A) of this section.	56920

(C) If a community school that is not an internet- or	56921
computer-based community school provides any of its enrolled	56922
students with nonclassroom-based learning opportunities provided	56923
via an internet- or other computer-based instructional method and	56924
requires such students to participate in any of those learning	56925
opportunities from their residences, the school shall be subject	56926
to this section and division (C)(1) of section 3314.21 of the	56927
Revised Code relative to each such student in the same manner as	56928
an internet- or computer-based community school, unless both of	56929
the following conditions apply to the student:	56930

(1) The nonclassroom-based learning opportunities in which	56931
the student is required to participate from the student's	56932
residence are supplemental in nature or do not constitute a	56933
significant portion of the total classroom-based and	56934
nonclassroom-based learning opportunities provided to the student	56935
by the school;	56936

(2) The student's residence is equipped with a computer	56937
available for the student's use.	56938

Sec. 3314.23. (A) Subject to division (B) of this section,	56939
each internet- or computer-based community school shall do the	56940
applicable one of the following:	56941

(1) If the general assembly has enacted standards for the	56942
operation of internet- or computer-based community schools by	56943
January 1, 2013, comply with the standards so enacted;	56944

(2) If the general assembly has not enacted such standards by	56945
that date, comply with the standards developed by the	56946
international association for K-12 online learning.	56947

(B) Each internet- or computer-based community school that	56948
initially opens for operation on or after January 1, 2013, shall	56949
comply with the standards required by division (A) of this section	56950
at the time it opens. Each internet- or computer-based community	56951
school that initially opened for operation prior to January 1,	56952
2013, shall comply with the standards required by division (A) of	56953
this section not later than July 1, 2013.	56954

Sec. 3314.35. (A)(1) ~~Except as provided in division (A)(3)~~	56955
~~of this section, this section applies to any community school that~~	56956
~~meets one of the following criteria after July 1, 2008, but before~~	56957
~~July 1, 2009:~~	56958

~~(a) The school does not offer a grade level higher than three~~	56959
~~and has been declared to be in a state of academic emergency under~~	56960
~~section 3302.03 of the Revised Code for four consecutive school~~	56961
~~years.~~	56962

~~(b) The school satisfies all of the following conditions:~~

56963

~~(i) The school offers any of grade levels four to eight but~~	56964
~~does not offer a grade level higher than nine.~~	56965

~~(ii) The school has been declared to be in a state of~~	56966
~~academic emergency under section 3302.03 of the Revised Code for~~	56967
~~three consecutive school years.~~	56968

~~(iii) For two of those school years, the school showed less~~	56969
~~than one standard year of academic growth in either reading or~~	56970
~~mathematics, as determined by the department of education in~~	56971
~~accordance with rules adopted under division (A) of section~~	56972
~~3302.021 of the Revised Code.~~	56973

~~(c) The school satisfies all of the following conditions:~~

56974

~~(i) The school offers any of grade levels ten to twelve.~~

56975

~~(ii) The school has been declared to be in a state of~~	56976
~~academic emergency under section 3302.03 of the Revised Code for~~	56977
~~three consecutive school years.~~	56978

~~(iii) For two of those school years, the school showed less~~	56979
~~than two standard years of academic growth in either reading or~~	56980
~~mathematics, as determined by the department in accordance with~~	56981
~~rules adopted under division (A) of section 3302.021 of the~~	56982
~~Revised Code.~~	56983

~~(2)~~ Except as provided in division (A)(3) of this section,	56984
this section applies to any community school that meets one of the	56985
following criteria after July 1, 2009, but before July 1, 2011:	56986

(a) The school does not offer a grade level higher than three	56987
and has been declared to be in a state of academic emergency under	56988
section 3302.03 of the Revised Code for three of the four most	56989
recent school years.	56990

(b) The school satisfies all of the following conditions:

56991

(i) The school offers any of grade levels four to eight but	56992
does not offer a grade level higher than nine.	56993

(ii) The school has been declared to be in a state of	56994
academic emergency under section 3302.03 of the Revised Code for	56995
two of the three most recent school years.	56996

(iii) In at least two of the three most recent school years,	56997
the school showed less than one standard year of academic growth	56998
in either reading or mathematics, as determined by the department	56999
of education in accordance with rules adopted under division (A)	57000
of section 3302.021 of the Revised Code.	57001

(c) The school offers any of grade levels ten to twelve and	57002
has been declared to be in a state of academic emergency under	57003
section 3302.03 of the Revised Code for three of the four most	57004
recent school years.	57005

(2) Except as provided in division (A)(3) of this section,	57006
this section applies to any community school that meets one of the	57007
following criteria after July 1, 2011:	57008

(a) The school does not offer a grade level higher than three	57009
and has been declared to be in a state of academic emergency under	57010
section 3302.03 of the Revised Code for two of the three most	57011
recent school years.	57012

(b) The school satisfies all of the following conditions:

57013

(i) The school offers any of grade levels four to eight but	57014
does not offer a grade level higher than nine.	57015

(ii) The school has been declared to be in a state of	57016
academic emergency under section 3302.03 of the Revised Code for	57017
two of the three most recent school years.	57018

(iii) In at least two of the three most recent school years,	57019
the school showed less than one standard year of academic growth	57020
in either reading or mathematics, as determined by the department	57021
in accordance with rules adopted under division (A) of section	57022
3302.021 of the Revised Code.	57023

(c) The school offers any of grade levels ten to twelve and	57024
has been declared to be in a state of academic emergency under	57025
section 3302.03 of the Revised Code for two of the three most	57026
recent school years.	57027

(3) This section does not apply to either of the following:

57028

(a) Any community school in which a majority of the students	57029
are enrolled in a dropout prevention and recovery program that is	57030
operated by the school and that has been granted a waiver under	57031
section 3314.36 of the Revised Code;	57032

(b) Any community school in which a majority of the enrolled	57033
students are children with disabilities receiving special	57034
education and related services in accordance with Chapter 3323. of	57035
the Revised Code.	57036

(B) Any community school to which this section applies shall	57037
permanently close at the conclusion of the school year in which	57038
the school first becomes subject to this section. The sponsor and	57039
governing authority of the school shall comply with all procedures	57040
for closing a community school adopted by the department under	57041
division (E) of section 3314.015 of the Revised Code. The	57042
governing authority of the school shall not enter into a contract	57043
with any other sponsor under section 3314.03 of the Revised Code	57044
after the school closes.	57045

(C) ~~Not later than July 1, 2008, the department shall~~	57046
~~determine the feasibility of using the value-added progress~~	57047
~~dimension, as defined in section 3302.01 of the Revised Code, as a~~	57048
~~factor in evaluating the academic performance of community schools~~	57049
~~described in division (A)(1)(c)(i) of this section.~~	57050
~~Notwithstanding divisions (A)(1)(c)(ii) and (iii) of this section,~~	57051
~~if the department determines that using the value-added progress~~	57052
~~dimension to evaluate community schools described in division~~	57053
~~(A)(1)(c)(i) of this section is not feasible, a community school~~	57054
~~described in that division shall be required to permanently close~~	57055
~~under this section only if it has been declared to be in a state~~	57056
~~of academic emergency under section 3302.03 of the Revised Code~~	57057
~~for four consecutive school years.~~	57058

~~(D)~~ In accordance with division (B) of section 3314.012 of	57059
the Revised Code, the department shall not consider the	57060
performance ratings assigned to a community school for its first	57061
two years of operation when determining whether the school meets	57062
the criteria prescribed by division (A)(1) or (2) of this section.	57063
~~The department shall reevaluate each community school that the~~	57064
~~department directed to close at the conclusion of the 2009-2010~~	57065
~~school year to determine if the school still meets the criteria~~	57066
~~prescribed by division (A)(2) of this section when the school's~~	57067
~~performance ratings for its first two years of operation are not~~	57068
~~considered and, if the school no longer meets those criteria, the~~	57069
~~department shall not require the school to close at the conclusion~~	57070
~~of that school year.~~	57071

Sec. 3314.36. (A) Section 3314.35 of the Revised Code does	57072
not apply to any community school in which a majority of the	57073
students are enrolled in a dropout prevention and recovery program	57074
that is operated by the school and that has been granted a waiver	57075
by the department of education. The department shall grant a	57076
waiver to a dropout prevention and recovery program, within sixty	57077
days after the program applies for the waiver, if the program	57078
meets all of the following conditions:	57079

(1) The program serves only students not younger than sixteen	57080
years of age and not older than twenty-one years of age.	57081

(2) The program enrolls students who, at the time of their	57082
initial enrollment, either, or both, are at least one grade level	57083
behind their cohort age groups or experience crises that	57084
significantly interfere with their academic progress such that	57085
they are prevented from continuing their traditional programs.	57086

(3) The program requires students to attain at least the	57087
applicable score designated for each of the assessments prescribed	57088
under division (B)(1) of section 3301.0710 of the Revised Code or,	57089
to the extent prescribed by rule of the state board of education	57090
under division ~~(E)~~(D)(6) of section 3301.0712 of the Revised	57091
Code, division (B)(2) of that section.	57092

(4) The program develops an individual career plan for the	57093
student that specifies the student's matriculating to a two-year	57094
degree program, acquiring a business and industry credential, or	57095
entering an apprenticeship.	57096

(5) The program provides counseling and support for the	57097
student related to the plan developed under division (A)(4) of	57098
this section during the remainder of the student's high school	57099
experience.	57100

(6) Prior to receiving the waiver, the program has submitted	57101
to the department an instructional plan that demonstrates how the	57102
academic content standards adopted by the state board of education	57103
under section 3301.079 of the Revised Code will be taught and	57104
assessed.	57105

If the department does not act either to grant the waiver or	57106
to reject the program application for the waiver within sixty days	57107
as required under this section, the waiver shall be considered to	57108
be granted.	57109

(B) Notwithstanding division (A) of this section, the	57110
department shall not grant a waiver to any community school that	57111
did not qualify for a waiver under this section when it initially	57112
began operations, unless the state board of education approves the	57113
waiver.	57114

Sec. 3315.01. (A) Except as provided in division (B) of this	57115
section and notwithstanding sections 3315.12 and 3315.14 of the	57116
Revised Code, the board of education of any school district may	57117
adopt a resolution requiring the treasurer of the district to	57118
credit the earnings made on the investment of the principal of the	57119
moneys specified in the resolution to the fund from which the	57120
earnings arose or any other fund of the district as the board	57121
specifies in its resolution.	57122

(B) This section does not apply to the earnings made on the	57123
investment of the bond retirement fund, the sinking fund, a	57124
project construction fund established pursuant to sections 3318.01	57125
to 3318.20 of the Revised Code, or the payments received by school	57126
districts pursuant to division ~~(I)~~(E) of section 3317.024 of the	57127
Revised Code.	57128

Sec. 3316.041. (A) Notwithstanding any provision of Chapter	57129
133. or sections 3313.483 to 3313.4811 of the Revised Code, and	57130
subject to the approval of the superintendent of public	57131
instruction, a school district that is in a state of fiscal watch	57132
declared under section 3316.03 of the Revised Code may restructure	57133
or refinance loans obtained or in the process of being obtained	57134
under section 3313.483 of the Revised Code if all of the following	57135
requirements are met:	57136

(1) The operating deficit certified for the school district	57137
for the current or preceding fiscal year under section 3313.483 of	57138
the Revised Code exceeds fifteen per cent of the district's	57139
general revenue fund for the fiscal year preceding the year for	57140
which the certification of the operating deficit is made.	57141

(2) The school district voters have, during the period of the	57142
fiscal watch, approved the levy of a tax under section 718.09,	57143
718.10, 5705.194, 5705.21, or 5748.02, or 5748.09 of the Revised	57144
Code that is not a renewal or replacement levy, or a levy under	57145
section 5705.199 of the Revised Code, and that will provide new	57146
operating revenue.	57147

(3) The board of education of the school district has adopted	57148
or amended the financial plan required by section 3316.04 of the	57149
Revised Code to reflect the restructured or refinanced loans, and	57150
sets forth the means by which the district will bring projected	57151
operating revenues and expenditures, and projected debt service	57152
obligations, into balance for the life of any such loan.	57153

(B) Subject to the approval of the superintendent of public	57154
instruction, the school district may issue securities to evidence	57155
the restructuring or refinancing authorized by this section. Such	57156
securities may extend the original period for repayment not to	57157
exceed ten years, and may alter the frequency and amount of	57158
repayments, interest or other financing charges, and other terms	57159
or agreements under which the loans were originally contracted,	57160
provided the loans received under sections 3313.483 of the Revised	57161
Code are repaid from funds the district would otherwise receive	57162
under Chapter ~~3306.~~3317. of the Revised Code, as required under	57163
division (E)(3) of section 3313.483 of the Revised Code.	57164
Securities issued for the purpose of restructuring or refinancing	57165
under this section shall be repaid in equal payments and at equal	57166
intervals over the term of the debt and are not eligible to be	57167
included in any subsequent proposal to restructure or refinance.	57168

(C) Unless the district is declared to be in a state of	57169
fiscal emergency under division (D) of section 3316.04 of the	57170
Revised Code, a school district shall remain in a state of fiscal	57171
watch for the duration of the repayment period of any loan	57172
restructured or refinanced under this section.	57173

Sec. 3316.06. (A) Within one hundred twenty days after the	57174
first meeting of a school district financial planning and	57175
supervision commission, the commission shall adopt a financial	57176
recovery plan regarding the school district for which the	57177
commission was created. During the formulation of the plan, the	57178
commission shall seek appropriate input from the school district	57179
board and from the community. This plan shall contain the	57180
following:	57181

(1) Actions to be taken to:

57182

(a) Eliminate all fiscal emergency conditions declared to	57183
exist pursuant to division (B) of section 3316.03 of the Revised	57184
Code;	57185

(b) Satisfy any judgments, past-due accounts payable, and all	57186
past-due and payable payroll and fringe benefits;	57187

(c) Eliminate the deficits in all deficit funds, except that	57188
any prior year deficits in the capital and maintenance fund	57189
established pursuant to section 3315.18 of the Revised Code shall	57190
be forgiven;	57191

(d) Restore to special funds any moneys from such funds that	57192
were used for purposes not within the purposes of such funds, or	57193
borrowed from such funds by the purchase of debt obligations of	57194
the school district with the moneys of such funds, or missing from	57195
the special funds and not accounted for, if any;	57196

(e) Balance the budget, avoid future deficits in any funds,	57197
and maintain on a current basis payments of payroll, fringe	57198
benefits, and all accounts;	57199

(f) Avoid any fiscal emergency condition in the future;

57200

(g) Restore the ability of the school district to market	57201
long-term general obligation bonds under provisions of law	57202
applicable to school districts generally.	57203

(2) The management structure that will enable the school	57204
district to take the actions enumerated in division (A)(1) of this	57205
section. The plan shall specify the level of fiscal and management	57206
control that the commission will exercise within the school	57207
district during the period of fiscal emergency, and shall	57208
enumerate respectively, the powers and duties of the commission	57209
and the powers and duties of the school board during that period.	57210
The commission may elect to assume any of the powers and duties of	57211
the school board it considers necessary, including all powers	57212
related to personnel, curriculum, and legal issues in order to	57213
successfully implement the actions described in division (A)(1) of	57214
this section.	57215

(3) The target dates for the commencement, progress upon, and	57216
completion of the actions enumerated in division (A)(1) of this	57217
section and a reasonable period of time expected to be required to	57218
implement the plan. The commission shall prepare a reasonable time	57219
schedule for progress toward and achievement of the requirements	57220
for the plan, and the plan shall be consistent with that time	57221
schedule.	57222

(4) The amount and purpose of any issue of debt obligations	57223
that will be issued, together with assurances that any such debt	57224
obligations that will be issued will not exceed debt limits	57225
supported by appropriate certifications by the fiscal officer of	57226
the school district and the county auditor. Debt obligations	57227
issued pursuant to section 133.301 of the Revised Code shall	57228
include assurances that such debt shall be in an amount not to	57229
exceed the amount certified under division (B) of such section. If	57230
the commission considers it necessary in order to maintain or	57231
improve educational opportunities of pupils in the school	57232
district, the plan may include a proposal to restructure or	57233
refinance outstanding debt obligations incurred by the board under	57234
section 3313.483 of the Revised Code contingent upon the approval,	57235
during the period of the fiscal emergency, by district voters of a	57236
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	57237
5748.02, or 5748.08, or 5748.09 of the Revised Code that is not a	57238
renewal or replacement levy, or a levy under section 5705.199 of	57239
the Revised Code, and that will provide new operating revenue.	57240
Notwithstanding any provision of Chapter 133. or sections 3313.483	57241
to 3313.4811 of the Revised Code, following the required approval	57242
of the district voters and with the approval of the commission,	57243
the school district may issue securities to evidence the	57244
restructuring or refinancing. Those securities may extend the	57245
original period for repayment, not to exceed ten years, and may	57246
alter the frequency and amount of repayments, interest or other	57247
financing charges, and other terms of agreements under which the	57248
debt originally was contracted, at the discretion of the	57249
commission, provided that any loans received pursuant to section	57250
3313.483 of the Revised Code shall be paid from funds the district	57251
would otherwise receive under Chapter ~~3306.~~3317. of the Revised	57252
Code, as required under division (E)(3) of section 3313.483 of the	57253
Revised Code. The securities issued for the purpose of	57254
restructuring or refinancing the debt shall be repaid in equal	57255
payments and at equal intervals over the term of the debt and are	57256
not eligible to be included in any subsequent proposal for the	57257
purpose of restructuring or refinancing debt under this section.	57258

(B) Any financial recovery plan may be amended subsequent to	57259
its adoption. Each financial recovery plan shall be updated	57260
annually.	57261

(C) Each school district financial planning and supervision	57262
commission shall submit the financial recovery plan it adopts or	57263
updates under this section to the state superintendent of public	57264
instruction for approval immediately following its adoption or	57265
updating. The state superintendent shall evaluate the plan and	57266
either approve or disapprove it within thirty calendar days from	57267
the date of its submission. If the plan is disapproved, the state	57268
superintendent shall recommend modifications that will render it	57269
acceptable. No financial planning and supervision commission shall	57270
implement a financial recovery plan that is adopted or updated on	57271
or after April 10, 2001, unless the state superintendent has	57272
approved it.	57273

Sec. 3316.08. During a school district's fiscal emergency	57274
period, the auditor of state shall determine annually, or at any	57275
other time upon request of the financial planning and supervision	57276
commission, whether the school district will incur an operating	57277
deficit. If the auditor of state determines that a school district	57278
will incur an operating deficit, the auditor of state shall	57279
certify that determination to the superintendent of public	57280
instruction, the financial planning and supervision commission,	57281
and the board of education of the school district. Upon receiving	57282
the auditor of state's certification, the commission shall adopt a	57283
resolution requesting that the board of education work with the	57284
county auditor or tax commissioner to estimate the amount and rate	57285
of a tax levy that is needed under section 5705.194, 5709.199, or	57286
5705.21 or Chapter 5748. of the Revised Code to produce a positive	57287
fund balance not later than the fifth year of the five-year	57288
forecast submitted under section 5705.391 of the Revised Code.	57289

The board of education shall recommend to the commission	57290
whether the board supports or opposes a tax levy under section	57291
5705.194, 5709.199, or 5705.21 or Chapter 5748. of the Revised	57292
Code and shall provide supporting documentation to the commission	57293
of its recommendation.	57294

After considering the board of education's recommendation and	57295
supporting documentation, the commission shall adopt a resolution	57296
to either submit a ballot question proposing a tax levy or not to	57297
submit such a question.	57298

Except as otherwise provided in this division, the tax shall	57299
be levied in the manner prescribed for a tax levied under section	57300
5705.194, 5709.199, or 5705.21 or under Chapter 5748. of the	57301
Revised Code. If the commission decides that a tax should be	57302
levied, the tax shall be levied for the purpose of paying current	57303
operating expenses of the school district. The rate of a property	57304
tax levied under section 5705.194, 5709.199, or 5705.21, or	57305
5748.09 of the Revised Code shall be determined by the county	57306
auditor, and the rate of aan income tax levied under section	57307
5748.02 or, 5748.08, or 5748.09 of the Revised Code shall be	57308
determined by the tax commissioner, upon the request of the	57309
commission. The commission, in consultation with the board of	57310
education, shall determine the election at which the question of	57311
the tax shall appear on the ballot, and the commission shall	57312
submit a copy of its resolution to the board of elections not	57313
later than ninety days prior to the day of that election. The	57314
board of elections conducting the election shall certify the	57315
results of the election to the board of education and to the	57316
financial planning and supervision commission.	57317

Sec. 3316.20. (A)(1) The school district solvency assistance	57318
fund is hereby created in the state treasury, to consist of such	57319
amounts designated for the purposes of the fund by the general	57320
assembly. The fund shall be used to provide assistance and grants	57321
to school districts to enable them to remain solvent and to pay	57322
unforeseeable expenses of a temporary or emergency nature that	57323
they are unable to pay from existing resources.	57324

(2) There is hereby created within the fund an account known	57325
as the school district shared resource account, which shall	57326
consist of money appropriated to it by the general assembly. The	57327
money in the account shall be used solely for solvency assistance	57328
to school districts that have been declared under division (B) of	57329
section 3316.03 of the Revised Code to be in a state of fiscal	57330
emergency.	57331

(3) There is hereby created within the fund an account known	57332
as the catastrophic expenditures account, which shall consist of	57333
money appropriated to the account by the general assembly plus all	57334
investment earnings of the fund. Money in the account shall be	57335
used solely for the following:	57336

(a) Solvency assistance to school districts that have been	57337
declared under division (B) of section 3316.03 of the Revised Code	57338
to be in a state of fiscal emergency, in the event that all money	57339
in the shared resource account is utilized for solvency	57340
assistance;	57341

(b) Grants to school districts under division (C) of this	57342
section.	57343

(B) Solvency assistance payments under division (A)(2) or	57344
(3)(a) of this section shall be made from the fund by the	57345
superintendent of public instruction in accordance with rules	57346
adopted by the director of budget and management, after consulting	57347
with the superintendent, specifying approval criteria and	57348
procedures necessary for administering the fund.	57349

The fund shall be reimbursed for any solvency assistance	57350
amounts paid under division (A)(2) or (3)(a) of this section not	57351
later than the end of the second fiscal year following the fiscal	57352
year in which the solvency assistance payment was made, except	57353
that, upon the approval of the director of budget and management	57354
and the superintendent of public instruction, the fund may be	57355
reimbursed in another fiscal year designated by the director and	57356
superintendent that is not later than the end of the tenth fiscal	57357
year following the fiscal year in which the solvency assistance	57358
payment was made. If not made directly by the school district,	57359
such reimbursement shall be made by the director of budget and	57360
management from the amounts the school district would otherwise	57361
receive pursuant to Chapter ~~3306.~~3317. of the Revised Code, or	57362
from any other funds appropriated for the district by the general	57363
assembly. Reimbursements shall be credited to the respective	57364
account from which the solvency assistance paid to the district	57365
was deducted.	57366

(C) The superintendent of public instruction may make	57367
recommendations, and the controlling board may grant money from	57368
the catastrophic expenditures account to any school district that	57369
suffers an unforeseen catastrophic event that severely depletes	57370
the district's financial resources. The superintendent shall make	57371
recommendations for the grants in accordance with rules adopted by	57372
the director of budget and management, after consulting with the	57373
superintendent. A school district shall not be required to repay	57374
any grant awarded to the district under this division, unless the	57375
district receives money from this state or a third party,	57376
including an agency of the government of the United States,	57377
specifically for the purpose of compensating the district for	57378
revenue lost or expenses incurred as a result of the unforeseen	57379
catastrophic event. If a school district receives a grant from the	57380
catastrophic expenditures account on the basis of the same	57381
circumstances for which an adjustment or recomputation is	57382
authorized under section 3317.025, 3317.026, 3317.027, 3317.028,	57383
3317.0210, or 3317.0211 of the Revised Code, the department of	57384
education shall reduce the adjustment or recomputation by an	57385
amount not to exceed the total amount of the grant, and an amount	57386
equal to the reduction shall be transferred, from the funding	57387
source from which the adjustment or recomputation would be paid,	57388
to the catastrophic expenditures account. Any adjustment or	57389
recomputation under such sections that is in excess of the total	57390
amount of the grant shall be paid to the school district.	57391

Sec. 3317.01. As used in this section ~~and section 3317.011~~	57392
~~of the Revised Code~~, "school district," unless otherwise	57393
specified, means any city, local, exempted village, joint	57394
vocational, or cooperative education school district and any	57395
educational service center.	57396

This chapter shall be administered by the state board of	57397
education. The superintendent of public instruction shall	57398
calculate the amounts payable to each school district and shall	57399
certify the amounts payable to each eligible district to the	57400
treasurer of the district as provided by this chapter. As soon as	57401
possible after such amounts are calculated, the superintendent	57402
shall certify to the treasurer of each school district the	57403
district's adjusted charge-off increase, as defined in section	57404
5705.211 of the Revised Code. No moneys shall be distributed	57405
pursuant to this chapter without the approval of the controlling	57406
board.	57407

The state board of education shall, in accordance with	57408
appropriations made by the general assembly, meet the financial	57409
obligations of this chapter.	57410

Moneys distributed pursuant to this chapter shall be	57411
calculated and paid on a fiscal year basis, beginning with the	57412
first day of July and extending through the thirtieth day of June.	57413
The moneys appropriated for each fiscal year shall be distributed	57414
periodically to each school district unless otherwise provided	57415
for. The state board, in June of each year, shall submit ~~a yearly~~	57416
~~distribution plan~~ to the controlling board ~~at its first meeting in~~	57417
~~July. The state board shall submit any proposed midyear revision~~	57418
~~of the plan to the controlling board in January. Any year-end~~	57419
~~revision of the plan shall be submitted to the controlling board~~	57420
~~in June. If moneys appropriated for each fiscal year are~~	57421
~~distributed other than monthly, such distribution shall be on the~~	57422
~~same basis for each school district~~the state board's year-end	57423
distributions pursuant to this chapter.	57424

Except as otherwise provided, payments under this chapter	57425
shall be made only to those school districts in which:	57426

(A) The school district, except for any educational service	57427
center and any joint vocational or cooperative education school	57428
district, levies for current operating expenses at least twenty	57429
mills. Levies for joint vocational or cooperative education school	57430
districts or county school financing districts, limited to or to	57431
the extent apportioned to current expenses, shall be included in	57432
this qualification requirement. School district income tax levies	57433
under Chapter 5748. of the Revised Code, limited to or to the	57434
extent apportioned to current operating expenses, shall be	57435
included in this qualification requirement to the extent	57436
determined by the tax commissioner under division (D) of section	57437
3317.021 of the Revised Code.	57438

(B) The school year next preceding the fiscal year for which	57439
such payments are authorized meets the requirement of section	57440
3313.48 or 3313.481 of the Revised Code, with regard to the	57441
minimum number of days or hours school must be open for	57442
instruction with pupils in attendance, for individualized	57443
parent-teacher conference and reporting periods, and for	57444
professional meetings of teachers. This requirement shall be	57445
waived by the superintendent of public instruction if it had been	57446
necessary for a school to be closed because of disease epidemic,	57447
hazardous weather conditions, inoperability of school buses or	57448
other equipment necessary to the school's operation, damage to a	57449
school building, or other temporary circumstances due to utility	57450
failure rendering the school building unfit for school use,	57451
provided that for those school districts operating pursuant to	57452
section 3313.48 of the Revised Code the number of days the school	57453
was actually open for instruction with pupils in attendance and	57454
for individualized parent-teacher conference and reporting periods	57455
is not less than one hundred seventy-five, or for those school	57456
districts operating on a trimester plan the number of days the	57457
school was actually open for instruction with pupils in attendance	57458
not less than seventy-nine days in any trimester, for those school	57459
districts operating on a quarterly plan the number of days the	57460
school was actually open for instruction with pupils in attendance	57461
not less than fifty-nine days in any quarter, or for those school	57462
districts operating on a pentamester plan the number of days the	57463
school was actually open for instruction with pupils in attendance	57464
not less than forty-four days in any pentamester.	57465

A school district shall not be considered to have failed to	57466
comply with this division or section 3313.481 of the Revised Code	57467
because schools were open for instruction but either twelfth grade	57468
students were excused from attendance for up to three days or only	57469
a portion of the kindergarten students were in attendance for up	57470
to three days in order to allow for the gradual orientation to	57471
school of such students.	57472

The superintendent of public instruction shall waive the	57473
requirements of this section with reference to the minimum number	57474
of days or hours school must be in session with pupils in	57475
attendance for the school year succeeding the school year in which	57476
a board of education initiates a plan of operation pursuant to	57477
section 3313.481 of the Revised Code. The minimum requirements of	57478
this section shall again be applicable to such a district	57479
beginning with the school year commencing the second July	57480
succeeding the initiation of one such plan, and for each school	57481
year thereafter.	57482

A school district shall not be considered to have failed to	57483
comply with this division or section 3313.48 or 3313.481 of the	57484
Revised Code because schools were open for instruction but the	57485
length of the regularly scheduled school day, for any number of	57486
days during the school year, was reduced by not more than two	57487
hours due to hazardous weather conditions.	57488

~~(C) The school district has on file, and is paying in~~	57489
~~accordance with, a teachers' salary schedule which complies with~~	57490
~~section 3317.13 of the Revised Code.~~	57491

A board of education or governing board of an educational	57492
service center which has not conformed with other law and the	57493
rules pursuant thereto, shall not participate in the distribution	57494
of funds authorized by ~~sections 3317.022 to 3317.0211, 3317.11,~~	57495
~~3317.16, 3317.17, and 3317.19 of the Revised Code~~this chapter,	57496
except for good and sufficient reason established to the	57497
satisfaction of the state board of education and the state	57498
controlling board.	57499

All funds allocated to school districts under this chapter,	57500
except those specifically allocated for other purposes, shall be	57501
used to pay current operating expenses only.	57502

Sec. 3317.013. Except for a preschool child with a	57503
disability for whom a scholarship has been awarded under section	57504
3310.41 of the Revised Code, this section does not apply to	57505
preschool children with disabilities.	57506

Analysis of special education cost data has resulted in a	57507
finding that the average special education additional cost per	57508
pupil, including the costs of related services, can be expressed	57509
as a multiple of the ~~base cost per pupil calculated under section~~	57510
~~3317.012 of the Revised Code~~formula amount. The multiples for the	57511
following categories of special education programs, as these	57512
programs are defined for purposes of Chapter 3323. of the Revised	57513
Code, and adjusted as provided in this section, are as follows:	57514

(A) A multiple of ~~0.2892~~0.2906 for students whose primary or	57515
only identified disability is a speech and language disability, as	57516
this term is defined pursuant to Chapter 3323. of the Revised	57517
Code;	57518

(B) A multiple of ~~0.3691~~0.7374 for students identified as	57519
specific learning disabled or developmentally disabled, as these	57520
terms are defined pursuant to Chapter 3323. of the Revised Code,	57521
or as having an other health impairment-minor;	57522

(C) A multiple of ~~1.7695~~1.7716 for students identified as	57523
hearing disabled~~, vision impaired,~~ or severe behavior disabled, as	57524
these terms are defined pursuant to Chapter 3323. of the Revised	57525
Code;	57526

(D) A multiple of ~~2.3646~~2.3643 for students identified as	57527
~~orthopedically disabled~~vision impaired, as this term is defined	57528
pursuant to Chapter 3323. of the Revised Code, or as having an	57529
other health impairment-major;	57530

(E) A multiple of ~~3.1129~~3.2022 for students identified as	57531
orthopedically disabled or as having multiple disabilities, as	57532
~~this term is~~these terms are defined pursuant to Chapter 3323. of	57533
the Revised Code;	57534

(F) A multiple of ~~4.7342~~4.7205 for students identified as	57535
autistic, having traumatic brain injuries, or as both visually and	57536
hearing impaired, as these terms are defined pursuant to Chapter	57537
3323. of the Revised Code.	57538

In fiscal years 2008, 2009, 2010, ~~and~~ 2011, 2012, and 2013,	57539
the multiples specified in divisions (A) to (F) of this section	57540
shall be adjusted by multiplying them by 0.90.	57541

~~Not later than the thirtieth day of December in 2007, 2008,~~	57542
~~and 2009, the department of education shall submit to the office~~	57543
~~of budget and management a report that specifies for each city,~~	57544
~~local, exempted village, and joint vocational school district the~~	57545
~~fiscal year allocation of the state and local shares of special~~	57546
~~education and related services additional weighted funding and~~	57547
~~federal special education funds passed through to the district.~~	57548

Sec. 3317.014. The ~~average~~ vocational education additional	57549
cost per pupil can be expressed as a multiple of the ~~base cost per~~	57550
~~pupil calculated under section 3317.012 of the Revised Code~~	57551
formula amount. The multiples for the following categories of	57552
vocational education programs are as follows:	57553

(A) A multiple of 0.57 for students enrolled in vocational	57554
education job-training and workforce development programs approved	57555
by the department of education in accordance with rules adopted	57556
under section 3313.90 of the Revised Code.	57557

(B) A multiple of 0.28 for students enrolled in vocational	57558
education classes other than job-training and workforce	57559
development programs.	57560

Vocational education associated services costs can be	57561
expressed as a multiple of 0.05 of the ~~base cost per pupil~~	57562
~~calculated under section 3317.012 of the Revised Code~~formula	57563
amount.	57564

~~By the thirtieth day of each December, the department of~~	57565
~~education shall report to the office of budget and management and~~	57566
~~the general assembly the amount of weighted funding for vocational~~	57567
~~education and associated services that was spent by each city,~~	57568
~~local, exempted village, and joint vocational school district~~	57569
~~specifically for vocational educational and associated services~~	57570
~~during the previous fiscal year.~~	57571

Sec. 3317.018. (A) The department of education shall make no	57572
calculations or payments under ~~Chapter 3317. of the Revised Code~~	57573
this chapter for any fiscal year except as prescribed in this	57574
section. The payments authorized under this section are in	57575
addition to payments computed and paid for fiscal years 2012 and	57576
2013 under the section of H.B. 153 of the 129th general assembly	57577
entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL SCHOOL	57578
DISTRICTS."	57579

(B) School districts shall report student enrollment data as	57580
prescribed by section 3317.03 of the Revised Code, which data the	57581
department shall use to make payments under ~~Chapters 3306. and~~	57582
~~3317. of the Revised Code.~~this chapter and the section of H.B.	57583
153 of the 129th general assembly entitled "FUNDING FOR CITY,	57584
EXEMPTED VILLAGE, AND LOCAL SCHOOL DISTRICTS."	57585

(C) The tax commissioner shall report data regarding tax	57586
valuation and receipts for school districts as prescribed by	57587
sections 3317.015, 3317.021, 3317.025, 3317.026, 3317.027,	57588
3317.028, 3317.0210, 3317.0211, and 3317.08 and by division ~~(M)~~(K)	57589
of section 3317.02 of the Revised Code, which data the department	57590
shall use to make payments under ~~Chapters 3306. and 3317. of the~~	57591
~~Revised Code.~~this chapter and the section of H.B. 153 of the	57592
129th general assembly entitled "FUNDING FOR CITY, EXEMPTED	57593
VILLAGE, AND LOCAL SCHOOL DISTRICTS."	57594

(D) Unless otherwise specified by another provision of law,	57595
~~in addition to the payments prescribed by Chapter 3306. of the~~	57596
~~Revised Code,~~ the department shall continue to make payments to or	57597
adjustments for school districts in fiscal years after fiscal year	57598
2009 under the following provisions of ~~Chapter 3317. of the~~	57599
~~Revised Code~~this chapter:	57600

(1) The catastrophic cost reimbursement under division (C)(3)	57601
of section 3317.022 of the Revised Code; however, when computing	57602
that payment, the department shall use the disability categories	57603
and multiples specified in section 3317.013 of the Revised Code as	57604
that section existed prior to the effective date of this	57605
amendment. No other payments shall be made under ~~that~~ section	57606
3317.022 of the Revised Code.	57607

(2) All payments or adjustments under section 3317.023 of the	57608
Revised Code~~, except no payments or adjustments shall be made~~	57609
~~under divisions (B), (C), and (D) of that section.~~;	57610

(3) All payments or adjustments under section 3317.024 of the	57611
Revised Code~~, except no payments or adjustments shall be made~~	57612
~~under divisions (F) and (N) of that section for fiscal years after~~	57613
~~fiscal year 2009 or under division (L) of that section for fiscal~~	57614
~~years 2010 and 2011.~~;	57615

(4) All payments and adjustments under sections 3317.025,	57616
3317.026, 3317.027, 3317.028, 3317.0210, and 3317.0211 of the	57617
Revised Code;	57618

(5) ~~Payments under section 3317.04 of the Revised Code;~~

57619

~~(6)~~ Unit payments under sections 3317.05, 3317.051, 3317.052,	57620
and 3317.053 of the Revised Code, except that no units for gifted	57621
funding are authorized ~~for~~after fiscal ~~years 2010 and 2011~~year	57622
2009.	57623

~~(7)~~(6) Payments under sections 3317.06, 3317.063, and	57624
3317.064 of the Revised Code;	57625

~~(8) Payments under section 3317.07 of the Revised Code;~~

57626

~~(9)~~(7) Payments to educational service centers under section	57627
3317.11 of the Revised Code;	57628

~~(10)~~(8) The catastrophic cost reimbursement under division	57629
(E) of section 3317.16 of the Revised Code and excess cost	57630
reimbursements under division (G) of that section; however, when	57631
computing that payment, the department shall use the disability	57632
categories and multiples specified in section 3317.013 of the	57633
Revised Code as that section existed prior to the effective date	57634
of this amendment. No other payments shall be made under ~~that~~	57635
section;3317.16 of the Revised Code.	57636

~~(11) Payments under section 3317.17 of the Revised Code;~~

57637

~~(12)~~(9) Adjustments under section 3317.18 of the Revised	57638
Code;	57639

~~(13)~~(10) Payments to cooperative education school districts	57640
under section 3317.19 of the Revised Code;	57641

~~(14)~~(11) Payments to county ~~MR/DD~~DD boards under section	57642
3317.20 of the Revised Code;	57643

~~(15)~~(12) Payments to state institutions for weighted special	57644
education funding under section 3317.201 of the Revised Code.	57645

(E) ~~Sections 3317.016 and 3317.017 shall not apply to fiscal~~	57646
~~years after fiscal year 2009.~~	57647

~~(F)~~ This section does not affect the provisions of sections	57648
3317.031, 3317.032, 3317.033, 3317.035, 3317.061, 3317.08,	57649
3317.081, 3317.082, 3317.09, 3317.12, 3317.13, 3317.14, 3317.141,	57650
3317.15, 3317.50, and 3317.51~~, 3317.62, 3317.63, and 3317.64~~ of	57651
the Revised Code.	57652

(F) The department shall make no payments for fiscal years	57653
2012 or 2013 under section 3317.0212 of the Revised Code.	57654

Sec. 3317.02. As used in this chapter:

57655

(A) Unless otherwise specified, "school district" means city,	57656
local, and exempted village school districts.	57657

(B) "Formula amount" means ~~$5,732~~$5,653 for fiscal year ~~2010~~	57658
2012 and fiscal year ~~2011~~2013.	57659

(C) "FTE basis" means a count of students based on full-time	57660
equivalency, in accordance with rules adopted by the department of	57661
education pursuant to section 3317.03 of the Revised Code. In	57662
adopting its rules under this division, the department shall	57663
provide for counting any student in category one, two, three,	57664
four, five, or six special education ADM or in category one or two	57665
vocational education ADM in the same proportion the student is	57666
counted in formula ADM.	57667

(D)(1) "Formula ADM" means, for a city, local, or exempted	57668
village school district, ~~"formula ADM" as defined in section~~	57669
~~3306.02 of the Revised Code.~~the average daily membership	57670
described in division (A) of section 3317.03 of the Revised Code,	57671
as verified by the superintendent of public instruction and	57672
adjusted if so ordered under division (K) of that section, and as	57673
further adjusted by the department of education, as follows:	57674

(a) Count only twenty per cent of the number of joint	57675
vocational school district students counted under division (A)(3)	57676
of section 3317.03 of the Revised Code;	57677

(b) Add twenty per cent of the number of students who are	57678
entitled to attend school in the district under section 3313.64 or	57679
3313.65 of the Revised Code and are enrolled in another school	57680
district under a career-technical educational compact.	57681

(2) "Formula ADM" means, for a joint vocational school	57682
district, the final number verified by the superintendent of	57683
public instruction, based on the number reported pursuant to	57684
division (D) of section 3317.03 of the Revised Code, as adjusted,	57685
if so ordered, under division (K) of that section. ~~For purposes~~	57686
~~of the calculation of payments to or adjustments for a city,~~	57687
~~exempted village, local, or joint vocational school district under~~	57688
~~this chapter or under Chapter 3306. of the Revised Code,~~	57689
~~calculations required under Chapter 3318. of the Revised Code, or~~	57690
~~adjustments required under Chapter 3365. of the Revised Code, the~~	57691
~~department of education shall use the district's formula ADM for~~	57692
~~the previous fiscal year, unless the district's average daily~~	57693
~~membership reported and verified for the current fiscal year is at~~	57694
~~least two per cent greater than the formula ADM reported for the~~	57695
~~previous fiscal year, in which case the department shall use the~~	57696
~~district's formula ADM for the current fiscal year.~~	57697

(E) "Three-year average formula ADM" means the average of	57698
formula ADMs for the preceding three fiscal years.	57699

(F)(1) "Category one special education ADM" means the average	57700
daily membership of children with disabilities receiving special	57701
education services for the disability specified in division	57702
~~(D)(1)~~(A) of section ~~3306.02~~3317.013 of the Revised Code and	57703
reported under division (B)(5) or (D)(2)(b) of section 3317.03 of	57704
the Revised Code.	57705

(2) "Category two special education ADM" means the average	57706
daily membership of children with disabilities receiving special	57707
education services for those disabilities specified in division	57708
~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the Revised Code and	57709
reported under division (B)(6) or (D)(2)(c) of section 3317.03 of	57710
the Revised Code.	57711

(3) "Category three special education ADM" means the average	57712
daily membership of students receiving special education services	57713
for those disabilities specified in division ~~(D)(3)~~(C) of section	57714
~~3306.02~~3317.013 of the Revised Code, and reported under division	57715
(B)(7) or (D)(2)(d) of section 3317.03 of the Revised Code.	57716

(4) "Category four special education ADM" means the average	57717
daily membership of students receiving special education services	57718
for those disabilities specified in division (D)~~(4)~~ of section	57719
~~3306.02~~3317.013 of the Revised Code and reported under division	57720
(B)(8) or (D)(2)(e) of section 3317.03 of the Revised Code.	57721

(5) "Category five special education ADM" means the average	57722
daily membership of students receiving special education services	57723
for the disabilities specified in division ~~(D)(5)~~(E) of section	57724
~~3306.02~~3317.013 of the Revised Code and reported under division	57725
(B)(9) or (D)(2)(f) of section 3317.03 of the Revised Code.	57726

(6) "Category six special education ADM" means the average	57727
daily membership of students receiving special education services	57728
for the disabilities specified in division ~~(D)(6)~~(F) of section	57729
~~3306.02~~3317.013 of the Revised Code and reported under division	57730
(B)(10) or (D)(2)(g) of section 3317.03 of the Revised Code.	57731

(7) "Category one vocational education ADM" means the average	57732
daily membership of students receiving vocational education	57733
services described in division (A) of section 3317.014 of the	57734
Revised Code and reported under division (B)(11) or (D)(2)(h) of	57735
section 3317.03 of the Revised Code.	57736

(8) "Category two vocational education ADM" means the average	57737
daily membership of students receiving vocational education	57738
services described in division (B) of section 3317.014 of the	57739
Revised Code and reported under division (B)(12) or (D)(2)(i) of	57740
section 3317.03 of the Revised Code.	57741

(G) "Preschool child with a disability" means a child with a	57742
disability, as defined in section 3323.01 of the Revised Code, who	57743
is at least age three but is not of compulsory school age, as	57744
defined in section 3321.01 of the Revised Code, and who is not	57745
currently enrolled in kindergarten.	57746

(H) "County DD board" means a county board of developmental	57747
disabilities.	57748

(I) "Recognized valuation" means the amount calculated for a	57749
school district pursuant to section 3317.015 of the Revised Code.	57750

(J) ~~"Transportation ADM" means the number of children~~	57751
~~reported under division (B)(13) of section 3317.03 of the Revised~~	57752
~~Code.~~	57753

~~(K) "Average efficient transportation use cost per student"~~	57754
~~means a statistical representation of transportation costs as~~	57755
~~calculated under division (D)(2) of section 3317.022 of the~~	57756
~~Revised Code.~~	57757

~~(L)~~ "Taxes charged and payable" means the taxes charged and	57758
payable against real and public utility property after making the	57759
reduction required by section 319.301 of the Revised Code, plus	57760
the taxes levied against tangible personal property.	57761

~~(M)~~(K) "Total taxable value" means the sum of the amounts	57762
certified for a city, local, exempted village, or joint vocational	57763
school district under divisions (A)(1) and (2) of section 3317.021	57764
of the Revised Code.	57765

~~(N)~~(L) "Tax exempt value" of a school district means the	57766
amount certified for a school district under division (A)(4) of	57767
section 3317.021 of the Revised Code.	57768

~~(O)~~(M) "Potential value" of a school district means the	57769
recognized valuation of a school district plus the tax exempt	57770
value of the district.	57771

~~(P)~~(N) "District median income" means the median Ohio	57772
adjusted gross income certified for a school district. On or	57773
before the first day of July of each year, the tax commissioner	57774
shall certify to the department of education and the office of	57775
budget and management for each city, exempted village, and local	57776
school district the median Ohio adjusted gross income of the	57777
residents of the school district determined on the basis of tax	57778
returns filed for the second preceding tax year by the residents	57779
of the district.	57780

~~(Q)~~(O) "Statewide median income" means the median district	57781
median income of all city, exempted village, and local school	57782
districts in the state.	57783

~~(R)~~(P) "Income factor" for a city, exempted village, or local	57784
school district means the quotient obtained by dividing that	57785
district's median income by the statewide median income.	57786

~~(S)~~(Q) "Medically fragile child" means a child to whom all of	57787
the following apply:	57788

(1) The child requires the services of a doctor of medicine	57789
or osteopathic medicine at least once a week due to the	57790
instability of the child's medical condition.	57791

(2) The child requires the services of a registered nurse on	57792
a daily basis.	57793

(3) The child is at risk of institutionalization in a	57794
hospital, skilled nursing facility, or intermediate care facility	57795
for the mentally retarded.	57796

~~(T)~~(R) A child may be identified as having an "other health	57797
impairment-major" if the child's condition meets the definition of	57798
"other health impaired" established in rules adopted by the state	57799
board of education prior to July 1, 2001, and if either of the	57800
following apply:	57801

(1) The child is identified as having a medical condition	57802
that is among those listed by the superintendent of public	57803
instruction as conditions where a substantial majority of cases	57804
fall within the definition of "medically fragile child." The	57805
superintendent of public instruction shall issue an initial list	57806
no later than September 1, 2001.	57807

(2) The child is determined by the superintendent of public	57808
instruction to be a medically fragile child. A school district	57809
superintendent may petition the superintendent of public	57810
instruction for a determination that a child is a medically	57811
fragile child.	57812

~~(U)~~(S) A child may be identified as having an "other health	57813
impairment-minor" if the child's condition meets the definition of	57814
"other health impaired" established in rules adopted by the state	57815
board of education prior to July 1, 2001, but the child's	57816
condition does not meet either of the conditions specified in	57817
division ~~(T)~~(R)(1) or (2) of this section.	57818

~~(V)~~(T) "State education aid" has the same meaning as in	57819
section 5751.20 of the Revised Code.	57820

~~(W)~~(U) "Property exemption value" means zero in fiscal year	57821
2006, and in fiscal year 2007 and each fiscal year thereafter, the	57822
amount certified for a school district under divisions (A)(6) and	57823
(7) of section 3317.021 of the Revised Code.	57824

~~(X)~~(V) "Internet- or computer-based community school" has the	57825
same meaning as in section 3314.02 of the Revised Code.	57826

~~(Y)~~(W) "State share percentage~~" has the same meaning as in~~,"	57827
for a city, exempted village, or local school district, for fiscal	57828
years 2012 and 2013, means the district's state share percentage	57829
as computed for fiscal year 2011 under former section 3306.02 of	57830
the Revised Code. "State share percentage," for a joint vocational	57831
school district, for fiscal years 2012 and 2013, means the	57832
district's state share percentage as computed for fiscal year 2009	57833
under section 3317.16 of the Revised Code as that section existed	57834
for that fiscal year.	57835

Sec. 3317.021. ~~The information certified under this section~~	57836
~~shall be used to calculate payments under this chapter and Chapter~~	57837
~~3306. of the Revised Code.~~	57838

(A) On or before the first day of June of each year, the tax	57839
commissioner shall certify to the department of education and the	57840
office of budget and management the information described in	57841
divisions (A)(1) to (7) of this section for each city, exempted	57842
village, and local school district, and the information required	57843
by divisions (A)(1) and (2) of this section for each joint	57844
vocational school district, and it shall be used, along with the	57845
information certified under division (B) of this section, in	57846
making the computations for the district under this chapter ~~and~~	57847
~~Chapter 3306. of the Revised Code~~.	57848

(1) The taxable value of real and public utility real	57849
property in the school district subject to taxation in the	57850
preceding tax year, by class and by county of location.	57851

(2) The taxable value of tangible personal property,	57852
including public utility personal property, subject to taxation by	57853
the district for the preceding tax year.	57854

(3)(a) The total property tax rate and total taxes charged	57855
and payable for the current expenses for the preceding tax year	57856
and the total property tax rate and the total taxes charged and	57857
payable to a joint vocational district for the preceding tax year	57858
that are limited to or to the extent apportioned to current	57859
expenses.	57860

(b) The portion of the amount of taxes charged and payable	57861
reported for each city, local, and exempted village school	57862
district under division (A)(3)(a) of this section attributable to	57863
a joint vocational school district.	57864

(4) The value of all real and public utility real property in	57865
the school district exempted from taxation minus both of the	57866
following:	57867

(a) The value of real and public utility real property in the	57868
district owned by the United States government and used	57869
exclusively for a public purpose;	57870

(b) The value of real and public utility real property in the	57871
district exempted from taxation under Chapter 725. or 1728. or	57872
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	57873
5709.73, or 5709.78 of the Revised Code.	57874

(5) The total federal adjusted gross income of the residents	57875
of the school district, based on tax returns filed by the	57876
residents of the district, for the most recent year for which this	57877
information is available.	57878

(6) The sum of the school district compensation value as	57879
indicated on the list of exempted property for the preceding tax	57880
year under section 5713.08 of the Revised Code as if such property	57881
had been assessed for taxation that year and the other	57882
compensation value for the school district, minus the amounts	57883
described in divisions (A)(6)(c) to (i) of this section. The	57884
portion of school district compensation value or other	57885
compensation value attributable to an incentive district exemption	57886
may be subtracted only once even if that incentive district	57887
satisfies more than one of the criteria in divisions (A)(6)(c) to	57888
(i) of this section.	57889

(a) "School district compensation value" means the aggregate	57890
value of real property in the school district exempted from	57891
taxation pursuant to an ordinance or resolution adopted under	57892
division (C) of section 5709.40, division (C) of section 5709.73,	57893
or division (B) of section 5709.78 of the Revised Code to the	57894
extent that the exempted value results in the charging of payments	57895
in lieu of taxes required to be paid to the school district under	57896
division (D)(1) or (2) of section 5709.40, division (D) of section	57897
5709.73, or division (C) of section 5709.78 of the Revised Code.	57898

(b) "Other compensation value" means the quotient that	57899
results from dividing (i) the dollar value of compensation	57900
received by the school district during the preceding tax year	57901
pursuant to division (B), (C), or (D) of section 5709.82 of the	57902
Revised Code and the amounts received pursuant to an agreement as	57903
specified in division (D)(2) of section 5709.40, division (D) of	57904
section 5709.73, or division (C) of section 5709.78 of the Revised	57905
Code to the extent those amounts were not previously reported or	57906
included in division (A)(6)(a) of this section, and so that any	57907
such amount is reported only once under division (A)(6)(b) of this	57908
section, in relation to exemptions from taxation granted pursuant	57909
to an ordinance or resolution adopted under division (C) of	57910
section 5709.40, division (C) of section 5709.73, or division (B)	57911
of section 5709.78 of the Revised Code, by (ii) the real property	57912
tax rate in effect for the preceding tax year for	57913
nonresidential/agricultural real property after making the	57914
reductions required by section 319.301 of the Revised Code.	57915

(c) The portion of school district compensation value or	57916
other compensation value that was exempted from taxation pursuant	57917
to such an ordinance or resolution for the preceding tax year, if	57918
the ordinance or resolution is adopted prior to January 1, 2006,	57919
and the legislative authority or board of township trustees or	57920
county commissioners, prior to January 1, 2006, executes a	57921
contract or agreement with a developer, whether for-profit or	57922
not-for-profit, with respect to the development of a project	57923
undertaken or to be undertaken and identified in the ordinance or	57924
resolution, and upon which parcels such project is being, or will	57925
be, undertaken;	57926

(d) The portion of school district compensation value that	57927
was exempted from taxation for the preceding tax year and for	57928
which payments in lieu of taxes for the preceding tax year were	57929
provided to the school district under division (D)(1) of section	57930
5709.40 of the Revised Code.	57931

(e) The portion of school district compensation value that	57932
was exempted from taxation for the preceding tax year pursuant to	57933
such an ordinance or resolution, if and to the extent that, on or	57934
before April 1, 2006, the fiscal officer of the municipal	57935
corporation that adopted the ordinance, or of the township or	57936
county that adopted the resolution, certifies and provides	57937
appropriate supporting documentation to the tax commissioner and	57938
the director of development that, based on hold-harmless	57939
provisions in any agreement between the school district and the	57940
legislative authority of the municipal corporation, board of	57941
township trustees, or board of county commissioners that was	57942
entered into on or before June 1, 2005, the ability or obligation	57943
of the municipal corporation, township, or county to repay bonds,	57944
notes, or other financial obligations issued or entered into prior	57945
to January 1, 2006, will be impaired, including obligations to or	57946
of any other body corporate and politic with whom the legislative	57947
authority of the municipal corporation or board of township	57948
trustees or county commissioners has entered into an agreement	57949
pertaining to the use of service payments derived from the	57950
improvements exempted;	57951

(f) The portion of school district compensation value that	57952
was exempted from taxation for the preceding tax year pursuant to	57953
such an ordinance or resolution, if the ordinance or resolution is	57954
adopted prior to January 1, 2006, in a municipal corporation with	57955
a population that exceeds one hundred thousand, as shown by the	57956
most recent federal decennial census, that includes a major	57957
employment center and that is adjacent to historically distressed	57958
neighborhoods, if the legislative authority of the municipal	57959
corporation that exempted the property prepares an economic	57960
analysis that demonstrates that all taxes generated within the	57961
incentive district accruing to the state by reason of improvements	57962
constructed within the district during its existence exceed the	57963
amount the state pays the school district under section 3317.022	57964
of the Revised Code attributable to such property exemption from	57965
the school district's recognized valuation. The analysis shall be	57966
submitted to and approved by the department of development prior	57967
to January 1, 2006, and the department shall not unreasonably	57968
withhold approval.	57969

(g) The portion of school district compensation value that	57970
was exempted from taxation for the preceding tax year under such	57971
an ordinance or resolution, if the ordinance or resolution is	57972
adopted prior to January 1, 2006, and if service payments have	57973
been pledged to be used for mixed-use riverfront entertainment	57974
development in any county with a population that exceeds six	57975
hundred thousand, as shown by the most recent federal decennial	57976
census;	57977

(h) The portion of school district compensation value that	57978
was exempted from taxation for the preceding tax year under such	57979
an ordinance or resolution, if, prior to January 1, 2006, the	57980
legislative authority of a municipal corporation, board of	57981
township trustees, or board of county commissioners has pledged	57982
service payments for a designated transportation capacity project	57983
approved by the transportation review advisory council under	57984
Chapter 5512. of the Revised Code;	57985

(i) The portion of school district compensation value that	57986
was exempted from taxation for the preceding tax year under such	57987
an ordinance or resolution if the legislative authority of a	57988
municipal corporation, board of township trustees, or board of	57989
county commissioners have, by January 1, 2006, pledged proceeds	57990
for designated transportation improvement projects that involve	57991
federal funds for which the proceeds are used to meet a local	57992
share match requirement for such funding.	57993

As used in division (A)(6) of this section, "project" has the	57994
same meaning as in section 5709.40 of the Revised Code.	57995

(7) The aggregate value of real property in the school	57996
district for which an exemption from taxation is granted by an	57997
ordinance or resolution adopted on or after January 1, 2006, under	57998
Chapter 725. or 1728., sections 3735.65 to 3735.70, or section	57999
5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised	58000
Code, as indicated on the list of exempted property for the	58001
preceding tax year under section 5713.08 of the Revised Code and	58002
as if such property had been assessed for taxation that year,	58003
minus the product determined by multiplying (a) the aggregate	58004
value of the real property in the school district exempted from	58005
taxation for the preceding tax year under any of the chapters or	58006
sections specified in this division, by (b) a fraction, the	58007
numerator of which is the difference between (i) the amount of	58008
anticipated revenue such school district would have received for	58009
the preceding tax year if the real property exempted from taxation	58010
had not been exempted from taxation and (ii) the aggregate amount	58011
of payments in lieu of taxes on the exempt real property for the	58012
preceding tax year and other compensation received for the	58013
preceding tax year by the school district pursuant to any	58014
agreements entered into on or after January 1, 2006, under section	58015
5709.82 of the Revised Code between the school district and the	58016
legislative authority of a political subdivision that acted under	58017
the authority of a chapter or statute specified in this division,	58018
that were entered into in relation to such exemption, and the	58019
denominator of which is the amount of anticipated revenue such	58020
school district would have received in the preceding fiscal year	58021
if the real property exempted from taxation had not been exempted.	58022

(B) On or before the first day of May each year, the tax	58023
commissioner shall certify to the department of education and the	58024
office of budget and management the total taxable real property	58025
value of railroads and, separately, the total taxable tangible	58026
personal property value of all public utilities for the preceding	58027
tax year, by school district and by county of location.	58028

(C) If a public utility has properly and timely filed a	58029
petition for reassessment under section 5727.47 of the Revised	58030
Code with respect to an assessment issued under section 5727.23 of	58031
the Revised Code affecting taxable property apportioned by the tax	58032
commissioner to a school district, the taxable value of public	58033
utility tangible personal property included in the certification	58034
under divisions (A)(2) and (B) of this section for the school	58035
district shall include only the amount of taxable value on the	58036
basis of which the public utility paid tax for the preceding year	58037
as provided in division (B)(1) or (2) of section 5727.47 of the	58038
Revised Code.	58039

(D) If on the basis of the information certified under	58040
division (A) of this section, the department determines that any	58041
district fails in any year to meet the qualification requirement	58042
specified in ~~division (A)(1) of section 3306.01 and~~ division (A)	58043
of section 3317.01 of the Revised Code, the department shall	58044
immediately request the tax commissioner to determine the extent	58045
to which any school district income tax levied by the district	58046
under Chapter 5748. of the Revised Code shall be included in	58047
meeting that requirement. Within five days of receiving such a	58048
request from the department, the tax commissioner shall make the	58049
determination required by this division and report the quotient	58050
obtained under division (D)(3) of this section to the department	58051
and the office of budget and management. This quotient represents	58052
the number of mills that the department shall include in	58053
determining whether the district meets the qualification	58054
requirement of ~~division (A)(1) of section 3306.01 and~~ division (A)	58055
of section 3317.01 of the Revised Code.	58056

The tax commissioner shall make the determination required by	58057
this division as follows:	58058

(1) Multiply one mill times the total taxable value of the	58059
district as determined in divisions (A)(1) and (2) of this	58060
section;	58061

(2) Estimate the total amount of tax liability for the	58062
current tax year under taxes levied by Chapter 5748. of the	58063
Revised Code that are apportioned to current operating expenses of	58064
the district, excluding any income tax receipts allocated for the	58065
project cost, debt service, or maintenance set-aside associated	58066
with a state-assisted classroom facilities project as authorized	58067
by section 3318.052 of the Revised Code;	58068

(3) Divide the amount estimated under division (D)(2) of this	58069
section by the product obtained under division (D)(1) of this	58070
section.	58071

(E)(1) On or before June 1, 2006, and the first day of April	58072
of each year thereafter, the director of development shall report	58073
to the department of education, the tax commissioner, and the	58074
director of budget and management the total amounts of payments	58075
received by each city, local, exempted village, or joint	58076
vocational school district for the preceding tax year pursuant to	58077
division (D) of section 5709.40, division (D) of section 5709.73,	58078
division (C) of section 5709.78, or division (B)(1), (B)(2), (C),	58079
or (D) of section 5709.82 of the Revised Code in relation to	58080
exemptions from taxation granted pursuant to an ordinance adopted	58081
by the legislative authority of a municipal corporation under	58082
division (C) of section 5709.40 of the Revised Code, or a	58083
resolution adopted by a board of township trustees or board of	58084
county commissioners under division (C) of section 5709.73 or	58085
division (B) of section 5709.78 of the Revised Code, respectively.	58086
On or before April 1, 2006, and the first day of March of each	58087
year thereafter, the treasurer of each city, local, exempted	58088
village, or joint vocational school district that has entered into	58089
such an agreement shall report to the director of development the	58090
total amounts of such payments the district received for the	58091
preceding tax year as provided in this section. The state board of	58092
education, in accordance with sections 3319.31 and 3319.311 of the	58093
Revised Code, may suspend or revoke the license of a treasurer	58094
found to have willfully reported erroneous, inaccurate, or	58095
incomplete data under this division.	58096

(2) On or before April 1, 2007, and the first day of April of	58097
each year thereafter, the director of development shall report to	58098
the department of education, the tax commissioner, and the	58099
director of budget and management the total amounts of payments	58100
received by each city, local, exempted village, or joint	58101
vocational school district for the preceding tax year pursuant to	58102
divisions (B), (C), and (D) of section 5709.82 of the Revised Code	58103
in relation to exemptions from taxation granted pursuant to	58104
ordinances or resolutions adopted on or after January 1, 2006,	58105
under Chapter 725. or 1728., sections 3735.65 to 3735.70, or	58106
section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the	58107
Revised Code. On or before March 1, 2007, and the first day of	58108
March of each year thereafter, the treasurer of each city, local,	58109
exempted village, or joint vocational school district that has	58110
entered into such an agreement shall report to the director of	58111
development the total amounts of such payments the district	58112
received for the preceding tax year as provided by this section.	58113
The state board of education, in accordance with sections 3319.31	58114
and 3319.311 of the Revised Code, may suspend or revoke the	58115
license of a treasurer found to have willfully reported erroneous,	58116
inaccurate, or incomplete data under this division.	58117

Sec. 3317.022. (A)(1) The department of education shall	58118
compute and distribute state base cost funding to each eligible	58119
school district for the fiscal year, using the information	58120
obtained under section 3317.021 of the Revised Code in the	58121
calendar year in which the fiscal year begins, according to the	58122
following formula:	58123

{[the formula amount X (formula ADM +	58124

preschool scholarship ADM)] +	58125

the sum of the base funding supplements	58126

prescribed in divisions (C)(1) to (4)	58127

of section 3317.012 of the Revised Code} -	58128

[.023 x (the sum of recognized valuation	58129

and property exemption value)] +	58130

the amounts calculated for the district under	58131

sections 3317.029 and 3317.0217 of the Revised Code	58132

If the difference obtained is a negative number, the	58133
district's computation shall be zero.	58134

(2)(a) For each school district for which the tax exempt	58135
value of the district equals or exceeds twenty-five per cent of	58136
the potential value of the district, the department of education	58137
shall calculate the difference between the district's tax exempt	58138
value and twenty-five per cent of the district's potential value.	58139

(b) For each school district to which division (A)(2)(a) of	58140
this section applies, the department shall adjust the recognized	58141
valuation used in the calculation under division (A)(1) of this	58142
section by subtracting from it the amount calculated under	58143
division (A)(2)(a) of this section.	58144

(B) As used in this section:

58145

(1) The "total special education weight" for a district means	58146
the sum of the following amounts:	58147

(a) The district's category one special education ADM	58148
multiplied by the multiple specified in division (A) of section	58149
3317.013 of the Revised Code;	58150

(b) The district's category two special education ADM	58151
multiplied by the multiple specified in division (B) of section	58152
3317.013 of the Revised Code;	58153

(c) The district's category three special education ADM	58154
multiplied by the multiple specified in division (C) of section	58155
3317.013 of the Revised Code;	58156

(d) The district's category four special education ADM	58157
multiplied by the multiple specified in division (D) of section	58158
3317.013 of the Revised Code;	58159

(e) The district's category five special education ADM	58160
multiplied by the multiple specified in division (E) of section	58161
3317.013 of the Revised Code;	58162

(f) The district's category six special education ADM	58163
multiplied by the multiple specified in division (F) of section	58164
3317.013 of the Revised Code.	58165

(2) "Related services" includes:

58166

(a) Child study, special education supervisors and	58167
coordinators, speech and hearing services, adaptive physical	58168
development services, occupational or physical therapy, teacher	58169
assistants for children with disabilities whose disabilities are	58170
described in division (B) of section 3317.013 or division (F)(3)	58171
of section 3317.02 of the Revised Code, behavioral intervention,	58172
interpreter services, work study, nursing services, and	58173
specialized integrative services as those terms are defined by the	58174
department;	58175

(b) Speech and language services provided to any student with	58176
a disability, including any student whose primary or only	58177
disability is a speech and language disability;	58178

(c) Any related service not specifically covered by other	58179
state funds but specified in federal law, including but not	58180
limited to, audiology and school psychological services;	58181

(d) Any service included in units funded under former	58182
division (O)(1) of section 3317.024 of the Revised Code;	58183

(e) Any other related service needed by children with	58184
disabilities in accordance with their individualized education	58185
programs.	58186

(3) The "total vocational education weight" for a district	58187
means the sum of the following amounts:	58188

(a) The district's category one vocational education ADM	58189
multiplied by the multiple specified in division (A) of section	58190
3317.014 of the Revised Code;	58191

(b) The district's category two vocational education ADM	58192
multiplied by the multiple specified in division (B) of section	58193
3317.014 of the Revised Code.	58194

(4) "Preschool scholarship ADM" means the number of preschool	58195
children with disabilities reported under division (B)(3)(h) of	58196
section 3317.03 of the Revised Code.	58197

(C)(1) The department shall compute and distribute state	58198
special education and related services additional weighted costs	58199
funds to each school district in accordance with the following	58200
formula:	58201

The district's state share percentage X	58202

the formula amount for the year for which	58203

the aid is calculated X the district's	58204

total special education weight	58205

(2) The attributed local share of special education and	58206
related services additional weighted costs equals:	58207

(1 - the district's state share percentage) X the district's	58208

total special education weight X the formula amount	58209

(3)(a) The department shall compute and pay in accordance	58210
with this division additional state aid to school districts for	58211
students in categories two through six special education ADM. If a	58212
district's costs for the fiscal year for a student in its	58213
categories two through six special education ADM exceed the	58214
threshold catastrophic cost for serving the student, the district	58215
may submit to the superintendent of public instruction	58216
documentation, as prescribed by the superintendent, of all its	58217
costs for that student. Upon submission of documentation for a	58218
student of the type and in the manner prescribed, the department	58219
shall pay to the district an amount equal to the sum of the	58220
following:	58221

(i) One-half of the district's costs for the student in	58222
excess of the threshold catastrophic cost;	58223

(ii) The product of one-half of the district's costs for the	58224
student in excess of the threshold catastrophic cost multiplied by	58225
the district's state share percentage.	58226

(b) For purposes of division (C)(3)(a) of this section, the	58227
threshold catastrophic cost for serving a student equals:	58228

(i) For a student in the school district's category two,	58229
three, four, or five special education ADM, twenty-seven thousand	58230
three hundred seventy-five dollars;	58231

(ii) For a student in the district's category six special	58232
education ADM, thirty-two thousand eight hundred fifty dollars.	58233

(c) The district shall only report under division (C)(3)(a)	58234
of this section, and the department shall only pay for, the costs	58235
of educational expenses and the related services provided to the	58236
student in accordance with the student's individualized education	58237
program. Any legal fees, court costs, or other costs associated	58238
with any cause of action relating to the student may not be	58239
included in the amount.	58240

(4)(a) As used in this division, the "personnel allowance"	58241
means thirty thousand dollars in fiscal years 2008 and 2009.	58242

(b) For the provision of speech language pathology services	58243
to students, including students who do not have individualized	58244
education programs prepared for them under Chapter 3323. of the	58245
Revised Code, and for no other purpose, the department of	58246
education shall pay each school district an amount calculated	58247
under the following formula:	58248

(formula ADM divided by 2000) X	58249

the personnel allowance X	58250

the state share percentage	58251

(5) In any fiscal year, a school district shall spend for	58252
purposes that the department designates as approved for special	58253
education and related services expenses at least the amount	58254
calculated as follows:	58255

(formula amount X the sum of categories	58256

one through six special education ADM) +	58257

(total special education weight X formula amount)	58258

The purposes approved by the department for special education	58259
expenses shall include, but shall not be limited to,	58260
identification of children with disabilities, compliance with	58261
state rules governing the education of children with disabilities	58262
and prescribing the continuum of program options for children with	58263
disabilities, provision of speech language pathology services, and	58264
the portion of the school district's overall administrative and	58265
overhead costs that are attributable to the district's special	58266
education student population.	58267

The scholarships deducted from the school district's account	58268
under section 3310.41 of the Revised Code shall be considered to	58269
be an approved special education and related services expense for	58270
the purpose of the school district's compliance with division	58271
(C)(5) of this section.	58272

The department shall require school districts to report data	58273
annually to allow for monitoring compliance with division (C)(5)	58274
of this section. The department shall annually report to the	58275
governor and the general assembly the amount of money spent by	58276
each school district for special education and related services.	58277

(6) In any fiscal year, a school district shall spend for the	58278
provision of speech language pathology services not less than the	58279
sum of the amount calculated under division (C)(1) of this section	58280
for the students in the district's category one special education	58281
ADM and the amount calculated under division (C)(4) of this	58282
section.	58283

(D)(1) ~~As used in this division:~~

58284

~~(a) "Daily bus miles per student" equals the number of bus~~	58285
~~miles traveled per day, divided by transportation base.~~	58286

~~(b) "Transportation base" equals total student count as~~	58287
~~defined in section 3301.011 of the Revised Code, minus the number~~	58288
~~of students enrolled in units for preschool children with~~	58289
~~disabilities, plus the number of nonpublic school students~~	58290
~~included in transportation ADM.~~	58291

~~(c) "Transported student percentage" equals transportation~~	58292
~~ADM divided by transportation base.~~	58293

~~(d) "Transportation cost per student" equals total operating~~	58294
~~costs for board-owned or contractor-operated school buses divided~~	58295
~~by transportation base.~~	58296

~~(2) Analysis of student transportation cost data has resulted~~	58297
~~in a finding that an average efficient transportation use cost per~~	58298
~~student can be calculated by means of a regression formula that~~	58299
~~has as its two independent variables the number of daily bus miles~~	58300
~~per student and the transported student percentage. For fiscal~~	58301
~~year 1998 transportation cost data, the average efficient~~	58302
~~transportation use cost per student is expressed as follows:~~	58303

~~51.79027 + (139.62626 X daily bus miles per student) +~~	58304

~~(116.25573 X transported student percentage)~~	58305

~~The department of education shall annually determine the~~	58306
~~average efficient transportation use cost per student in~~	58307
~~accordance with the principles stated in division (D)(2) of this~~	58308
~~section, updating the intercept and regression coefficients of the~~	58309
~~regression formula modeled in this division, based on an annual~~	58310
~~statewide analysis of each school district's daily bus miles per~~	58311
~~student, transported student percentage, and transportation cost~~	58312
~~per student data. The department shall conduct the annual update~~	58313
~~using data, including daily bus miles per student, transported~~	58314
~~student percentage, and transportation cost per student data, from~~	58315
~~the prior fiscal year. The department shall notify the office of~~	58316
~~budget and management of such update by the fifteenth day of~~	58317
~~February of each year.~~	58318

~~(3) In addition to funds paid under divisions (A), (C), and~~	58319
~~(E) of this section, each district with a transported student~~	58320
~~percentage greater than zero shall receive a payment equal to a~~	58321
~~percentage of the product of the district's transportation base~~	58322
~~from the prior fiscal year times the annually updated average~~	58323
~~efficient transportation use cost per student, times an inflation~~	58324
~~factor of two and eight-tenths per cent to account for the~~	58325
~~one-year difference between the data used in updating the formula~~	58326
~~and calculating the payment and the year in which the payment is~~	58327
~~made. The percentage shall be the following percentage of that~~	58328
~~product specified for the corresponding fiscal year:~~	58329

~~FISCAL YEAR~~	~~PERCENTAGE~~	58330
~~2000~~	~~52.5%~~	58331
~~2001~~	~~55%~~	58332
~~2002~~	~~57.5%~~	58333
~~2003 and thereafter~~	~~The greater of 60% or the district's state share percentage~~	58334

~~The payments made under division (D)(3) of this section each~~	58335
~~year shall be calculated based on all of the same prior year's~~	58336
~~data used to update the formula.~~	58337

~~(4) In addition to funds paid under divisions (D)(2) and (3)~~	58338
~~of this section, a school district shall receive a rough road~~	58339
~~subsidy if both of the following apply:~~	58340

~~(a) Its county rough road percentage is higher than the~~	58341
~~statewide rough road percentage, as those terms are defined in~~	58342
~~division (D)(5) of this section;~~	58343

~~(b) Its district student density is lower than the statewide~~	58344
~~student density, as those terms are defined in that division.~~	58345

~~(5) The rough road subsidy paid to each district meeting the~~	58346
~~qualifications of division (D)(4) of this section shall be~~	58347
~~calculated in accordance with the following formula:~~	58348

~~(per rough mile subsidy X total rough road miles)~~	58349

~~X density multiplier~~	58350

~~where:~~

58351

~~(a) "Per rough mile subsidy" equals the amount calculated in~~	58352
~~accordance with the following formula:~~	58353

~~0.75 - {0.75 X [(maximum rough road percentage -~~	58354

~~county rough road percentage)/(maximum rough road~~	58355

~~percentage - statewide rough road percentage)]}~~	58356

~~(i) "Maximum rough road percentage" means the highest county~~	58357
~~rough road percentage in the state.~~	58358

~~(ii) "County rough road percentage" equals the percentage of~~	58359
~~the mileage of state, municipal, county, and township roads that~~	58360
~~is rated by the department of transportation as type A, B, C, E2,~~	58361
~~or F in the county in which the school district is located or, if~~	58362
~~the district is located in more than one county, the county to~~	58363
~~which it is assigned for purposes of determining its~~	58364
~~cost-of-doing-business factor.~~	58365

~~(iii) "Statewide rough road percentage" means the percentage~~	58366
~~of the statewide total mileage of state, municipal, county, and~~	58367
~~township roads that is rated as type A, B, C, E2, or F by the~~	58368
~~department of transportation.~~	58369

~~(b) "Total rough road miles" means a school district's total~~	58370
~~bus miles traveled in one year times its county rough road~~	58371
~~percentage.~~	58372

~~(c) "Density multiplier" means a figure calculated in~~	58373
~~accordance with the following formula:~~	58374

~~1 - [(minimum student density - district student~~	58375

~~density)/(minimum student density -~~	58376

~~statewide student density)]~~	58377

~~(i) "Minimum student density" means the lowest district~~	58378
~~student density in the state.~~	58379

~~(ii) "District student density" means a school district's~~	58380
~~transportation base divided by the number of square miles in the~~	58381
~~district.~~	58382

~~(iii) "Statewide student density" means the sum of the~~	58383
~~transportation bases for all school districts divided by the sum~~	58384
~~of the square miles in all school districts.~~	58385

~~(6) In addition to funds paid under divisions (D)(2) to (5)~~	58386
~~of this section, each district shall receive in accordance with~~	58387
~~rules adopted by the state board of education a payment for~~	58388
~~students transported by means other than board-owned or~~	58389
~~contractor-operated buses and whose transportation is not funded~~	58390
~~under division (G) of section 3317.024 of the Revised Code. The~~	58391
~~rules shall include provisions for school district reporting of~~	58392
~~such students.~~	58393

~~(E)(1)~~ The department shall compute and distribute state	58394
vocational education additional weighted costs funds to each	58395
school district in accordance with the following formula:	58396

state share percentage X	58397

the formula amount X	58398

total vocational education weight	58399

In any fiscal year, a school district receiving funds under	58400
division ~~(E)~~(D)(1) of this section shall spend those funds only	58401
for the purposes that the department designates as approved for	58402
vocational education expenses. Vocational educational expenses	58403
approved by the department shall include only expenses connected	58404
to the delivery of career-technical programming to	58405
career-technical students. The department shall require the school	58406
district to report data annually so that the department may	58407
monitor the district's compliance with the requirements regarding	58408
the manner in which funding received under division ~~(E)~~(D)(1) of	58409
this section may be spent.	58410

(2) The department shall compute for each school district	58411
state funds for vocational education associated services in	58412
accordance with the following formula:	58413

state share percentage X .05 X the formula amount X	58414

the sum of categories one and two vocational education ADM	58415

In any fiscal year, a school district receiving funds under	58416
division ~~(E)~~(D)(2) of this section, or through a transfer of funds	58417
pursuant to division ~~(L)~~(I) of section 3317.023 of the Revised	58418
Code, shall spend those funds only for the purposes that the	58419
department designates as approved for vocational education	58420
associated services expenses, which may include such purposes as	58421
apprenticeship coordinators, coordinators for other vocational	58422
education services, vocational evaluation, and other purposes	58423
designated by the department. The department may deny payment	58424
under division ~~(E)~~(D)(2) of this section to any district that the	58425
department determines is not operating those services or is using	58426
funds paid under division ~~(E)~~(D)(2) of this section, or through a	58427
transfer of funds pursuant to division ~~(L)~~(I) of section 3317.023	58428
of the Revised Code, for other purposes.	58429

~~(F)~~(E) The actual local share in any fiscal year for the	58430
combination of special education and related services additional	58431
weighted costs funding calculated under division (C)(1) of this	58432
section, transportation ~~funding~~base payment calculated under	58433
divisions ~~(D)(2) and (3)~~division (E) of ~~this~~ section 3317.0212 of	58434
the Revised Code, and vocational education and associated services	58435
additional weighted costs funding calculated under divisions	58436
~~(E)~~(D)(1) and (2) of this section shall not exceed for any school	58437
district the product of three and three-tenths mills times the	58438
district's recognized valuation. The department annually shall pay	58439
each school district as an excess cost supplement any amount by	58440
which the sum of the district's attributed local shares for that	58441
funding exceeds that product. For purposes of calculating the	58442
excess cost supplement:	58443

(1) The attributed local share for special education and	58444
related services additional weighted costs funding is the amount	58445
specified in division (C)(2) of this section.	58446

(2) The attributed local share of the district's	58447
transportation ~~funding~~base payment equals the difference of the	58448
total amount calculated for the district ~~using the formula~~	58449
~~developed~~ under division ~~(D)(2)~~(E) of ~~this~~ section 3317.0212 of	58450
the Revised Code minus the actual amount paid to the district	58451
after applying the percentage specified in division ~~(D)~~(E)(3) of	58452
~~this~~that section.	58453

(3) The attributed local share of vocational education and	58454
associated services additional weighted costs funding is the	58455
amount determined as follows:	58456

(1 - state share percentage) X	58457

[(total vocational education weight X	58458

the formula amount) + the payment under	58459

division ~~(E)~~(D)(2) of this section]	58460

Sec. 3317.023. (A) The amounts required to be paid to a	58461
district under this chapter ~~and Chapter 3306. of the Revised Code~~	58462
shall be adjusted by the amount of the computations made under	58463
divisions (B) to ~~(N)~~(K) of this section. ~~The department of~~	58464
~~education shall not make payments or adjustments under divisions~~	58465
~~(B), (C), and (D) of this section for any fiscal year after fiscal~~	58466
~~year 2009.~~	58467

As used in this section:

58468

(1) ~~"Classroom teacher" means a licensed employee who~~	58469
~~provides direct instruction to pupils, excluding teachers funded~~	58470
~~from money paid to the district from federal sources; educational~~	58471
~~service personnel; and vocational and special education teachers.~~	58472

~~(2) "Educational service personnel" shall not include such~~	58473
~~specialists funded from money paid to the district from federal~~	58474
~~sources or assigned full-time to vocational or special education~~	58475
~~students and classes and may only include those persons employed~~	58476
~~in the eight specialist areas in a pattern approved by the~~	58477
~~department of education under guidelines established by the state~~	58478
~~board of education.~~	58479

~~(3) "Annual salary" means the annual base salary stated in~~	58480
~~the state minimum salary schedule for the performance of the~~	58481
~~teacher's regular teaching duties that the teacher earns for~~	58482
~~services rendered for the first full week of October of the fiscal~~	58483
~~year for which the adjustment is made under division (C) of this~~	58484
~~section. It shall not include any salary payments for supplemental~~	58485
~~teachers contracts.~~	58486

~~(4) "Regular student population" means the formula ADM plus~~	58487
~~the number of students reported as enrolled in the district~~	58488
~~pursuant to division (A)(1) of section 3313.981 of the Revised~~	58489
~~Code; minus the number of students reported under division (A)(2)~~	58490
~~of section 3317.03 of the Revised Code; minus the FTE of students~~	58491
~~reported under division (B)(6), (7), (8), (9), (10), (11), or (12)~~	58492
~~of that section who are enrolled in a vocational education class~~	58493
~~or receiving special education; and minus twenty per cent of the~~	58494
~~students enrolled concurrently in a joint vocational school~~	58495
~~district.~~	58496

~~(5)~~ "VEPD" means a school district or group of school	58497
districts designated by the department of education as being	58498
responsible for the planning for and provision of vocational	58499
education services to students within the district or group.	58500

~~(6)~~(2) "Lead district" means a school district, including a	58501
joint vocational school district, designated by the department as	58502
a VEPD, or designated to provide primary vocational education	58503
leadership within a VEPD composed of a group of districts.	58504

(B) ~~If the district employs less than one full-time~~	58505
~~equivalent classroom teacher for each twenty-five pupils in the~~	58506
~~regular student population in any school district, deduct the sum~~	58507
~~of the amounts obtained from the following computations:~~	58508

~~(1) Divide the number of the district's full-time equivalent~~	58509
~~classroom teachers employed by one twenty-fifth;~~	58510

~~(2) Subtract the quotient in (1) from the district's regular~~	58511
~~student population;~~	58512

~~(3) Multiply the difference in (2) by seven hundred fifty-two~~	58513
~~dollars.~~	58514

~~(C) If a positive amount, add one-half of the amount obtained~~	58515
~~by multiplying the number of full-time equivalent classroom~~	58516
~~teachers by:~~	58517

~~(1) The mean annual salary of all full-time equivalent~~	58518
~~classroom teachers employed by the district at their respective~~	58519
~~training and experience levels minus;~~	58520

~~(2) The mean annual salary of all such teachers at their~~	58521
~~respective levels in all school districts receiving payments under~~	58522
~~this section.~~	58523

~~The number of full-time equivalent classroom teachers used in~~	58524
~~this computation shall not exceed one twenty-fifth of the~~	58525
~~district's regular student population. In calculating the~~	58526
~~district's mean salary under this division, those full-time~~	58527
~~equivalent classroom teachers with the highest training level~~	58528
~~shall be counted first, those with the next highest training level~~	58529
~~second, and so on, in descending order. Within the respective~~	58530
~~training levels, teachers with the highest years of service shall~~	58531
~~be counted first, the next highest years of service second, and so~~	58532
~~on, in descending order.~~	58533

~~(D) This division does not apply to a school district that~~	58534
~~has entered into an agreement under division (A) of section~~	58535
~~3313.42 of the Revised Code. Deduct the amount obtained from the~~	58536
~~following computations if the district employs fewer than five~~	58537
~~full-time equivalent educational service personnel, including~~	58538
~~elementary school art, music, and physical education teachers,~~	58539
~~counselors, librarians, visiting teachers, school social workers,~~	58540
~~and school nurses for each one thousand pupils in the regular~~	58541
~~student population:~~	58542

~~(1) Divide the number of full-time equivalent educational~~	58543
~~service personnel employed by the district by five~~	58544
~~one-thousandths;~~	58545

~~(2) Subtract the quotient in (1) from the district's regular~~	58546
~~student population;~~	58547

~~(3) Multiply the difference in (2) by ninety-four dollars.~~

58548

~~(E)~~ If a local school district, or a city or exempted village	58549
school district to which a governing board of an educational	58550
service center provides services pursuant to section 3313.843 of	58551
the Revised Code, deduct the amount of the payment required for	58552
the reimbursement of the governing board under section 3317.11 of	58553
the Revised Code.	58554

~~(F)~~(C)(1) If the district is required to pay to or entitled	58555
to receive tuition from another school district under division	58556
(C)(2) or (3) of section 3313.64 or section 3313.65 of the Revised	58557
Code, or if the superintendent of public instruction is required	58558
to determine the correct amount of tuition and make a deduction or	58559
credit under section 3317.08 of the Revised Code, deduct and	58560
credit such amounts as provided in division (J) of section 3313.64	58561
or section 3317.08 of the Revised Code.	58562

(2) For each child for whom the district is responsible for	58563
tuition or payment under division (A)(1) of section 3317.082 or	58564
section 3323.091 of the Revised Code, deduct the amount of tuition	58565
or payment for which the district is responsible.	58566

~~(G)~~(D) If the district has been certified by the	58567
superintendent of public instruction under section 3313.90 of the	58568
Revised Code as not in compliance with the requirements of that	58569
section, deduct an amount equal to ten per cent of the amount	58570
computed for the district under ~~Chapter 3306. of the Revised Code~~	58571
this chapter.	58572

~~(H)~~(E) If the district has received a loan from a commercial	58573
lending institution for which payments are made by the	58574
superintendent of public instruction pursuant to division (E)(3)	58575
of section 3313.483 of the Revised Code, deduct an amount equal to	58576
such payments.	58577

~~(I)~~(F)(1) If the district is a party to an agreement entered	58578
into under division (D), (E), or (F) of section 3311.06 or	58579
division (B) of section 3311.24 of the Revised Code and is	58580
obligated to make payments to another district under such an	58581
agreement, deduct an amount equal to such payments if the district	58582
school board notifies the department in writing that it wishes to	58583
have such payments deducted.	58584

(2) If the district is entitled to receive payments from	58585
another district that has notified the department to deduct such	58586
payments under division ~~(I)~~(F)(1) of this section, add the amount	58587
of such payments.	58588

~~(J)~~(G) If the district is required to pay an amount of funds	58589
to a cooperative education district pursuant to a provision	58590
described by division (B)(4) of section 3311.52 or division (B)(8)	58591
of section 3311.521 of the Revised Code, deduct such amounts as	58592
provided under that provision and credit those amounts to the	58593
cooperative education district for payment to the district under	58594
division (B)(1) of section 3317.19 of the Revised Code.	58595

~~(K)~~(H)(1) If a district is educating a student entitled to	58596
attend school in another district pursuant to a shared education	58597
contract, compact, or cooperative education agreement other than	58598
an agreement entered into pursuant to section 3313.842 of the	58599
Revised Code, credit to that educating district on an FTE basis	58600
both of the following:	58601

(a) An amount equal to the formula amount.

58602

(b) An amount equal to ~~the current formula amount~~$5,732	58603
times the state share percentage times any multiple applicable to	58604
the student for fiscal year 2009 pursuant to section ~~3306.11~~	58605
3317.013 or 3317.014 of the Revised Code, as those sections	58606
existed for that fiscal year.	58607

(2) Deduct any amount credited pursuant to division ~~(K)~~(H)(1)	58608
of this section from amounts paid to the school district in which	58609
the student is entitled to attend school pursuant to section	58610
3313.64 or 3313.65 of the Revised Code.	58611

(3) If the district is required by a shared education	58612
contract, compact, or cooperative education agreement to make	58613
payments to an educational service center, deduct the amounts from	58614
payments to the district and add them to the amounts paid to the	58615
service center pursuant to section 3317.11 of the Revised Code.	58616

~~(L)~~(I)(1) If a district, including a joint vocational school	58617
district, is a lead district of a VEPD, credit to that district	58618
the following amounts calculated for all the school districts	58619
within that VEPD ~~pursuant to~~:	58620

(a) In any fiscal year except fiscal year 2012 or 2013, the	58621
amount computed under division ~~(E)~~(D)(2) of section 3317.022 of	58622
the Revised Code.;	58623

(b) In fiscal years 2012 and 2013, an amount equal to the	58624
following:	58625

state share percentage X .05 X $5,732 X	58626

the sum of categories one	58627

and two vocational education ADM	58628

(2) Deduct from each appropriate district that is not a lead	58629
district, the amount attributable to that district that is	58630
credited to a lead district under division ~~(L)~~(I)(1) of this	58631
section.	58632

~~(M)~~(J) If the department pays a joint vocational school	58633
district under division (G)(4) of section 3317.16 of the Revised	58634
Code for excess costs of providing special education and related	58635
services to a student with a disability, as calculated under	58636
division (G)(2) of that section, the department shall deduct the	58637
amount of that payment from the city, local, or exempted village	58638
school district that is responsible as specified in that section	58639
for the excess costs.	58640

~~(N)~~(K)(1) If the district reports an amount of excess cost	58641
for special education services for a child under division (C) of	58642
section 3323.14 of the Revised Code, the department shall pay that	58643
amount to the district.	58644

(2) If the district reports an amount of excess cost for	58645
special education services for a child under division (C) of	58646
section 3323.14 of the Revised Code, the department shall deduct	58647
that amount from the district of residence of that child.	58648

Sec. 3317.024. The following shall be distributed monthly,	58649
quarterly, or annually as may be determined by the state board of	58650
education~~, except that the department of education shall not make~~	58651
~~payments under divisions (F) and (N) of this section for any~~	58652
~~fiscal year after fiscal year 2009 or under division (L) of this~~	58653
~~section for fiscal year 2010 or 2011~~:	58654

(A) An amount for each island school district and each joint	58655
state school district for the operation of each high school and	58656
each elementary school maintained within such district and for	58657
capital improvements for such schools. Such amounts shall be	58658
determined on the basis of standards adopted by the state board of	58659
education. However, for fiscal years 2012 and 2013, an island	58660
district shall receive the lesser of its actual cost of operation,	58661
as certified to the department of education, or ninety-three per	58662
cent of the amount the district received in state operating	58663
funding for fiscal year 2011. If an island district received no	58664
funding for fiscal year 2011, it shall receive no funding for	58665
either of fiscal year 2012 or 2013.	58666

(B) ~~An amount for each school district operating classes for~~	58667
~~children of migrant workers who are unable to be in attendance in~~	58668
~~an Ohio school during the entire regular school year. The amounts~~	58669
~~shall be determined on the basis of standards adopted by the state~~	58670
~~board of education, except that payment shall be made only for~~	58671
~~subjects regularly offered by the school district providing the~~	58672
~~classes.~~	58673

~~(C) An amount for each school district with guidance,~~	58674
~~testing, and counseling programs approved by the state board of~~	58675
~~education. The amount shall be determined on the basis of~~	58676
~~standards adopted by the state board of education.~~	58677

~~(D) An amount for the emergency purchase of school buses as~~	58678
~~provided for in section 3317.07 of the Revised Code;~~	58679

~~(E)~~ An amount for each school district required to pay	58680
tuition for a child in an institution maintained by the department	58681
of youth services pursuant to section 3317.082 of the Revised	58682
Code, provided the child was not included in the calculation of	58683
the district's average daily membership for the preceding school	58684
year.	58685

~~(F) An amount for adult basic literacy education for each~~	58686
~~district participating in programs approved by the state board of~~	58687
~~education. The amount shall be determined on the basis of~~	58688
~~standards adopted by the state board of education.~~	58689

~~(G)~~(C) An amount for the approved cost of transporting	58690
eligible pupils with disabilities attending a special education	58691
program approved by the department of education whom it is	58692
impossible or impractical to transport by regular school bus in	58693
the course of regular route transportation provided by the school	58694
district or educational service center. No district or service	58695
center is eligible to receive a payment under this division for	58696
the cost of transporting any pupil whom it transports by regular	58697
school bus and who is included in the district's transportation	58698
ADM. The state board of education shall establish standards and	58699
guidelines for use by the department of education in determining	58700
the approved cost of such transportation for each district or	58701
service center.	58702

~~(H)~~(D) An amount to each school district, including each	58703
cooperative education school district, pursuant to section 3313.81	58704
of the Revised Code to assist in providing free lunches to needy	58705
children ~~and an amount to assist needy school districts in~~	58706
~~purchasing necessary equipment for food preparation~~. The amounts	58707
shall be determined on the basis of rules adopted by the state	58708
board of education.	58709

~~(I)~~(E) An amount to each school district, for each pupil	58710
attending a chartered nonpublic elementary or high school within	58711
the district. The amount shall equal the amount appropriated for	58712
the implementation of section 3317.06 of the Revised Code divided	58713
by the average daily membership in grades kindergarten through	58714
twelve in nonpublic elementary and high schools within the state	58715
as determined during the first full week in October of each school	58716
year.	58717

~~(J)~~(F) An amount for each county DD board, distributed on the	58718
basis of standards adopted by the state board of education, for	58719
the approved cost of transportation required for children	58720
attending special education programs operated by the county DD	58721
board under section 3323.09 of the Revised Code;	58722

~~(K) An amount for each school district that establishes a~~	58723
~~mentor teacher program that complies with rules of the state board~~	58724
~~of education. No school district shall be required to establish or~~	58725
~~maintain such a program in any year unless sufficient funds are~~	58726
~~appropriated to cover the district's total costs for the program.~~	58727

~~(L) An amount to each school district or educational service~~	58728
~~center for the total number of gifted units approved pursuant to~~	58729
~~section 3317.05 of the Revised Code. The amount for each such unit~~	58730
~~shall be the sum of the minimum salary for the teacher of the~~	58731
~~unit, calculated on the basis of the teacher's training level and~~	58732
~~years of experience pursuant to the salary schedule prescribed in~~	58733
~~the version of section 3317.13 of the Revised Code in effect prior~~	58734
~~to July 1, 2001, plus fifteen per cent of that minimum salary~~	58735
~~amount, plus two thousand six hundred seventy-eight dollars.~~	58736

~~(M)~~(G) An amount to each institution defined under section	58737
3317.082 of the Revised Code providing elementary or secondary	58738
education to children other than children receiving special	58739
education under section 3323.091 of the Revised Code. This amount	58740
for any institution in any fiscal year shall equal the total of	58741
all tuition amounts required to be paid to the institution under	58742
division (A)(1) of section 3317.082 of the Revised Code.	58743

~~(N) A grant to each school district and joint vocational~~	58744
~~school district that operates a "graduation, reality, and~~	58745
~~dual-role skills" (GRADS) program for pregnant and parenting~~	58746
~~students that is approved by the department. The amount of the~~	58747
~~payment shall be the district's state share percentage, as defined~~	58748
~~in section 3317.022 or 3317.16 of the Revised Code, times the~~	58749
~~GRADS personnel allowance times the full-time-equivalent number of~~	58750
~~GRADS teachers approved by the department. The GRADS personnel~~	58751
~~allowance is $47,555 in fiscal years 2008 and 2009. The GRADS~~	58752
~~program shall include instruction on adoption as an option for~~	58753
~~unintended pregnancies.~~	58754

The state board of education or any other board of education	58755
or governing board may provide for any resident of a district or	58756
educational service center territory any educational service for	58757
which funds are made available to the board by the United States	58758
under the authority of public law, whether such funds come	58759
directly or indirectly from the United States or any agency or	58760
department thereof or through the state or any agency, department,	58761
or political subdivision thereof.	58762

Sec. 3317.025. On or before the first day of June of each	58763
year, the tax commissioner shall certify the following information	58764
to the department of education and the office of budget and	58765
management, for each school district in which the value of the	58766
property described under division (A) of this section exceeds one	58767
per cent of the taxable value of all real and tangible personal	58768
property in the district or in which is located tangible personal	58769
property designed for use or used in strip mining operations,	58770
whose taxable value exceeds five million dollars, and the taxes	58771
upon which the district is precluded from collecting by virtue of	58772
legal proceedings to determine the value of such property:	58773

(A) The total taxable value of all property in the district	58774
owned by a public utility or railroad that has filed a petition	58775
for reorganization under the "Bankruptcy Act," 47 Stat. 1474	58776
(1898), 11 U.S.C. 205, as amended, and all tangible personal	58777
property in the district designed for use or used in strip mining	58778
operations whose taxable value exceeds five million dollars upon	58779
which have not been paid in full on or before the first day of	58780
April of that calendar year all real and tangible personal	58781
property taxes levied for the preceding calendar year and which	58782
the district was precluded from collecting by virtue of	58783
proceedings under section 205 of said act or by virtue of legal	58784
proceedings to determine the tax liability of such strip mining	58785
equipment;	58786

(B) The percentage of the total operating taxes charged and	58787
payable for school district purposes levied against such valuation	58788
for the preceding calendar year that have not been paid by such	58789
date;	58790

(C) The product obtained by multiplying the value certified	58791
under division (A) of this section by the percentage certified	58792
under division (B) of this section. If the value certified under	58793
division (A) of this section includes taxable property owned by a	58794
public utility or railroad that has filed a petition for	58795
reorganization under the bankruptcy act, the amount used in making	58796
the calculation under this division shall be reduced by one per	58797
cent of the total value of all real and tangible personal property	58798
in the district or the value of the utility's or railroad's	58799
property, whichever is less.	58800

Upon receipt of the certification, the department shall	58801
recompute the payments required under ~~Chapter 3306. of the~~	58802
~~Revised Code~~this chapter in the manner the payments would have	58803
been computed if:	58804

(1) The amount certified under division (C) of this section	58805
was not subject to taxation by the district and was not included	58806
in the certification made under division (A)(1), (A)(2), or (D) of	58807
section 3317.021 of the Revised Code.	58808

(2) The amount of taxes charged and payable and unpaid and	58809
used to make the computation under division (B) of this section	58810
had not been levied and had not been used in the computation	58811
required by division (B) of section 3317.021 of the Revised Code.	58812
The department shall pay the district that amount in the ensuing	58813
fiscal year in lieu of the amounts computed under ~~Chapter 3306. of~~	58814
~~the Revised Code~~this chapter.	58815

If a school district received a grant from the catastrophic	58816
expenditures account pursuant to division (C) of section 3316.20	58817
of the Revised Code on the basis of the same circumstances for	58818
which a recomputation is made under this section, the amount of	58819
the recomputation shall be reduced and transferred in accordance	58820
with division (C) of section 3316.20 of the Revised Code.	58821

Sec. 3317.0210. (A) As used in this section:

58822

(1) "Bankruptcy Reform Act" means the "Bankruptcy Reform Act	58823
of 1978," 92 Stat. 2558, 11 U.S.C. 301, as amended.	58824

(2) "Chapter 11 corporation" means a corporation, company, or	58825
other business organization that has filed a petition for	58826
reorganization under Chapter 11 of the "Bankruptcy Reform Act," 92	58827
Stat. 2626, 11 U.S.C. 1101, as amended.	58828

(3) "Uncollectable taxes" means property taxes payable in a	58829
calendar year by a Chapter 11 corporation on its property that a	58830
school district is precluded from collecting by virtue of	58831
proceedings under the Bankruptcy Reform Act.	58832

(4) "Basic state aid" means ~~the~~a school district's state	58833
education aid ~~calculated for a school district under Chapter 3306.~~	58834
~~of the Revised Code~~.	58835

(5) "Effective value" means the amount obtained by	58836
multiplying the total taxable value certified in a calendar year	58837
under section 3317.021 of the Revised Code by a fraction, the	58838
numerator of which is the total taxes charged and payable in that	58839
calendar year exclusive of the uncollectable taxes payable in that	58840
year, and the denominator of which is the total taxes charged and	58841
payable in that year.	58842

(6) "Total taxes charged and payable" has the same meaning	58843
given "taxes charged and payable" in section 3317.02 of the	58844
Revised Code.	58845

(B)(1) Between the first day of January and the first day of	58846
February of any year, a school district shall notify the	58847
department of education if it has uncollectable taxes payable in	58848
the preceding calendar year from one Chapter 11 corporation.	58849

(2) The department shall verify whether the district has such	58850
uncollectable taxes from such a corporation, and if the district	58851
does, shall immediately request the tax commissioner to certify	58852
the district's total taxes charged and payable in the preceding	58853
calendar year, and the tax commissioner shall certify that	58854
information to the department within thirty days after receiving	58855
the request. For the purposes of this section, taxes are payable	58856
in the calendar year that includes the day prescribed by law for	58857
their payment, including any lawful extension thereof.	58858

(C) Upon receiving the certification from the tax	58859
commissioner, the department shall determine whether the amount of	58860
uncollectable taxes from the corporation equals at least one per	58861
cent of the total taxes charged and payable as certified by the	58862
tax commissioner. If it does, the department shall compute the	58863
district's effective value and shall recompute the basic state aid	58864
payable to the district for the current fiscal year using the	58865
effective value in lieu of the total taxable value used to compute	58866
the basic state aid for the current fiscal year. The difference	58867
between the basic state aid amount originally computed for the	58868
district for the current fiscal year and the recomputed amount	58869
shall be paid to the district from the lottery profits education	58870
fund before the end of the current fiscal year.	58871

(D) Except as provided in division (E) of this section,	58872
amounts received by a school district under division (C) of this	58873
section shall be repaid to the department of education in any	58874
future year to the extent the district receives payments of	58875
uncollectable taxes in such future year. The district shall notify	58876
the department of any amount owed under this division.	58877

(E) If a school district received a grant from the	58878
catastrophic expenditures account pursuant to division (C) of	58879
section 3316.20 of the Revised Code on the basis of the same	58880
circumstances for which a recomputation is made under this	58881
section, the amount of the recomputation shall be reduced and	58882
transferred in accordance with division (C) of section 3316.20 of	58883
the Revised Code.	58884

Sec. 3317.0211. (A) As used in this section:

58885

(1) "Port authority" means any port authority as defined in	58886
section 4582.01 or 4582.21 of the Revised Code.	58887

(2) "Real property" includes public utility real property and	58888
"personal property" includes public utility personal property.	58889

(3) "Uncollected taxes" means property taxes charged and	58890
payable against the property of a port authority for a tax year	58891
that a school district has not collected.	58892

(4) "Basic state aid" means ~~the~~a school district's state	58893
education aid ~~calculated for a school district under Chapter 3306.~~	58894
~~of the Revised Code~~.	58895

(5) "Effective value" means the sum of the effective	58896
residential/agricultural real property value, the effective	58897
nonresidential/agricultural real property value, and the effective	58898
personal value.	58899

(6) "Effective residential/agricultural real property value"	58900
means, for a tax year, the amount obtained by multiplying the	58901
value for that year of residential/agricultural real property	58902
subject to taxation in the district by a fraction, the numerator	58903
of which is the total taxes charged and payable for that year	58904
against the residential/agricultural real property subject to	58905
taxation in the district, exclusive of the uncollected taxes for	58906
that year on all real property subject to taxation in the	58907
district, and the denominator of which is the total taxes charged	58908
and payable for that year against the residential/agricultural	58909
real property subject to taxation in the district.	58910

(7) "Effective nonresidential/agricultural real property	58911
value" means, for a tax year, the amount obtained by multiplying	58912
the value for that year of nonresidential/agricultural real	58913
property subject to taxation in the district by a fraction, the	58914
numerator of which is the total taxes charged and payable for that	58915
year against the nonresidential/agricultural real property subject	58916
to taxation in the district, exclusive of the uncollected taxes	58917
for that year on all real property subject to taxation in the	58918
district, and the denominator of which is the total taxes charged	58919
and payable for that year against the nonresidential/agricultural	58920
real property subject to taxation in the district.	58921

(8) "Effective personal value" means, for a tax year, the	58922
amount obtained by multiplying the value for that year certified	58923
under division (A)(2) of section 3317.021 of the Revised Code by a	58924
fraction, the numerator of which is the total taxes charged and	58925
payable for that year against personal property subject to	58926
taxation in the district, exclusive of the uncollected taxes for	58927
that year on that property, and the denominator of which is the	58928
total taxes charged and payable for that year against personal	58929
property subject to taxation in the district.	58930

(9) "Nonresidential/agricultural real property value" means,	58931
for a tax year, the sum of the values certified for a school	58932
district for that year under division (B)(2)(a) of this section,	58933
and "residential/agricultural real property value" means, for a	58934
tax year, the sum of the values certified for a school district	58935
under division (B)(2)(b) of this section.	58936

(10) "Taxes charged and payable against real property" means	58937
the taxes charged and payable against that property after making	58938
the reduction required by section 319.301 of the Revised Code.	58939

(11) "Total taxes charged and payable" has the same meaning	58940
given "taxes charged and payable" in section 3317.02 of the	58941
Revised Code.	58942

(B)(1) By the first day of August of any calendar year, a	58943
school district shall notify the department of education if it has	58944
any uncollected taxes from one port authority for the second	58945
preceding tax year whose taxes charged and payable represent at	58946
least one-half of one per cent of the district's total taxes	58947
charged and payable for that tax year.	58948

(2) The department shall verify whether the district has such	58949
uncollected taxes by the first day of September, and if the	58950
district does, shall immediately request the county auditor of	58951
each county in which the school district has territory to certify	58952
the following information concerning the district's property	58953
values and taxes for the second preceding tax year, and each such	58954
auditor shall certify that information to the department within	58955
thirty days of receiving the request:	58956

(a) The value of the property subject to taxation in the	58957
district that was classified as nonresidential/agricultural real	58958
property pursuant to section 5713.041 of the Revised Code, and the	58959
taxes charged and payable on that property; and	58960

(b) The value of the property subject to taxation in the	58961
district that was classified as residential/agricultural real	58962
property under section 5713.041 of the Revised Code.	58963

(C) By the fifteenth day of November, the department shall	58964
compute the district's effective nonresidential/agricultural real	58965
property value, effective residential/agricultural real property	58966
value, effective personal value, and effective value, and shall	58967
determine whether the school district's effective value for the	58968
second preceding tax year is at least one per cent less than its	58969
total value for that year certified under divisions (A)(1) and (2)	58970
of section 3317.021 of the Revised Code. If it is, the department	58971
shall recompute the basic state aid payable to the district for	58972
the immediately preceding fiscal year using the effective value in	58973
lieu of the amounts previously certified under section 3317.021 of	58974
the Revised Code. The difference between the original basic state	58975
aid amount computed for the district for the preceding fiscal year	58976
and the recomputed amount shall be paid to the district from the	58977
lottery profits education fund before the end of the current	58978
fiscal year.	58979

(D) Except as provided in division (E) of this section,	58980
amounts received by a school district under division (C) of this	58981
section shall be repaid to the department of education in any	58982
future year to the extent the district receives payments of	58983
uncollectable taxes in such future year. The department shall	58984
notify a district of any amount owed under this division.	58985

(E) If a school district received a grant from the	58986
catastrophic expenditures account pursuant to division (C) of	58987
section 3316.20 of the Revised Code on the basis of the same	58988
circumstances for which a recomputation is made under this	58989
section, the amount of the recomputation shall be reduced and	58990
transferred in accordance with division (C) of section 3316.20 of	58991
the Revised Code.	58992

~~Sec. 3306.12.~~ Sec. 3317.0212. ~~(A)~~The department of education shall	58993
make no payments under this section for fiscal year 2012 or 2013.	58994

(A) As used in this section:

58995

(1) "Assigned bus" means a school bus used to transport	58996
qualifying riders.	58997

(2) "Nontraditional ridership" means the average number of	58998
qualifying riders who are enrolled in a community school	58999
established under Chapter 3314. of the Revised Code, in a STEM	59000
school established under Chapter 3326. of the Revised Code, or in	59001
a nonpublic school and are provided school bus service by a school	59002
district during the first full week of October.	59003

(3) "Qualifying riders" means resident students enrolled in	59004
regular education in grades kindergarten to twelve who are	59005
provided school bus service by a school district and who live more	59006
than one mile from the school they attend, including students with	59007
dual enrollment in a joint vocational school district or a	59008
cooperative education school district, and students enrolled in a	59009
community school, STEM school, or nonpublic school.	59010

(4) "Qualifying ridership" means the average number of	59011
qualifying riders who are provided school bus service by a school	59012
district during the first full week of October.	59013

(5) "Rider density" means the number of qualifying riders per	59014
square mile of a school district.	59015

(6) "School bus service" means a school district's	59016
transportation of qualifying riders in any of the following types	59017
of vehicles:	59018

(a) School buses owned or leased by the district;

59019

(b) School buses operated by a private contractor hired by	59020
the district;	59021

(c) School buses operated by another school district or	59022
entity with which the district has contracted, either as part of a	59023
consortium for the provision of transportation or otherwise.	59024

(B) Not later than the fifteenth day of October each year,	59025
each city, local, and exempted village school district shall	59026
report to the department of education its qualifying ridership,	59027
nontraditional ridership, number of qualifying riders per assigned	59028
bus, and any other information requested by the department.	59029
Subsequent adjustments to the reported numbers shall be made only	59030
in accordance with rules adopted by the department.	59031

(C) The department shall calculate the statewide	59032
transportation cost per student as follows:	59033

(1) Determine each city, local, and exempted village school	59034
district's transportation cost per student by dividing the	59035
district's total costs for school bus service in the previous	59036
fiscal year by its qualifying ridership in the previous fiscal	59037
year.	59038

(2) After excluding districts that do not provide school bus	59039
service and the ten districts with the highest transportation	59040
costs per student and the ten districts with the lowest	59041
transportation costs per student, divide the aggregate cost for	59042
school bus service for the remaining districts in the previous	59043
fiscal year by the aggregate qualifying ridership of those	59044
districts in the previous fiscal year.	59045

(D) The department shall calculate the statewide	59046
transportation cost per mile as follows:	59047

(1) Determine each city, local, and exempted village school	59048
district's transportation cost per mile by dividing the district's	59049
total costs for school bus service in the previous fiscal year by	59050
its total number of miles driven for school bus service in the	59051
previous fiscal year.	59052

(2) After excluding districts that do not provide school bus	59053
service and the ten districts with the highest transportation	59054
costs per mile and the ten districts with the lowest	59055
transportation costs per mile, divide the aggregate cost for	59056
school bus service for the remaining districts in the previous	59057
fiscal year by the aggregate miles driven for school bus service	59058
in those districts in the previous fiscal year.	59059

(E) The department shall calculate each city, local, and	59060
exempted village school district's transportation base payment as	59061
follows:	59062

(1) Multiply the statewide transportation cost per student by	59063
the district's qualifying ridership for the current fiscal year.	59064

(2) Multiply the statewide transportation cost per mile by	59065
the district's total number of miles driven for school bus service	59066
in the current fiscal year.	59067

(3) Multiply the greater of the amounts calculated under	59068
divisions (E)(1) and (2) of this section by the greater of sixty	59069
per cent or the district's state share percentage, as defined in	59070
section 3317.02 of the Revised Code.	59071

(F) The department shall calculate each city, local, and	59072
exempted village school district's nontraditional ridership	59073
adjustment according to the following formula:	59074

(nontraditional ridership for the current fiscal year /	59075

qualifying ridership for the current fiscal year) X 0.1 X	59076

transportation base payment	59077

(G) If a city, local, ~~and~~or exempted village school district	59078
offers school bus service to all resident students who are	59079
enrolled in regular education in district schools in grades nine	59080
to twelve and who live more than one mile from the school they	59081
attend, the department shall calculate the district's high school	59082
ridership adjustment according to the following formula:	59083

0.025 X transportation base payment	59084

(H) If a city, local, ~~and~~or exempted village school district	59085
offers school bus service to students enrolled in grades	59086
kindergarten to eight who live more than one mile, but two miles	59087
or less, from the school they attend, the department shall	59088
calculate an additional adjustment according to the following	59089
formula:	59090

0.025 X transportation base payment	59091

(I)(1) The department annually shall establish a target	59092
number of qualifying riders per assigned bus for each city, local,	59093
and exempted village school district. The department shall use the	59094
most recently available data in establishing the target number.	59095
The target number shall be based on the statewide median number of	59096
qualifying riders per assigned bus as adjusted to reflect the	59097
district's rider density in comparison to the rider density of all	59098
other districts. The department shall post on the department's web	59099
site each district's target number of qualifying riders per	59100
assigned bus and a description of how the target number was	59101
determined.	59102

(2) The department shall determine each school district's	59103
efficiency index by dividing the district's median number of	59104
qualifying riders per assigned bus by its target number of	59105
qualifying riders per assigned bus.	59106

(3) The department shall determine each city, local, and	59107
exempted village school district's efficiency adjustment as	59108
follows:	59109

(a) If the district's efficiency index is equal to or greater	59110
than 1.5, the efficiency adjustment shall be calculated according	59111
to the following formula:	59112

0.1 X transportation base payment	59113

(b) If the district's efficiency index is less than 1.5 but	59114
equal to or greater than 1.0, the efficiency adjustment shall be	59115
calculated according to the following formula:	59116

[(efficiency index – 1) / 5] X transportation base payment	59117

(c) If the district's efficiency index is less than 1.0, the	59118
efficiency adjustment shall be zero.	59119

(J) The department shall pay each city, local, and exempted	59120
village school district the lesser of the following:	59121

(1) The sum of the amounts calculated under divisions (E) to	59122
(H) and (I)(3) of this section;	59123

(2) The district's total costs for school bus service for the	59124
prior fiscal year.	59125

(K) In addition to funds paid under division (J) of this	59126
section, each city, local, and exempted village district shall	59127
receive in accordance with rules adopted by the state board of	59128
education a payment for students transported by means other than	59129
school bus service and whose transportation is not funded under	59130
division ~~(G)~~(C) of section 3317.024 of the Revised Code. The rules	59131
shall include provisions for school district reporting of such	59132
students.	59133

~~(L)(1) In fiscal years 2010 and 2011, the department shall~~	59134
~~pay each district a pro rata portion of the amounts calculated~~	59135
~~under division (J) of this section and described in division (K)~~	59136
~~of this section, based on state appropriations.~~	59137

~~(2) In addition to the prorated payment under division (L)(1)~~	59138
~~of this section, in fiscal years 2010 and 2011, the department~~	59139
~~shall pay each school district that meets the conditions~~	59140
~~prescribed in division (L)(3) of this section an additional amount~~	59141
~~equal to the following product:~~	59142

~~(a) The difference of (i) the amounts calculated under~~	59143
~~division (J) of this section and prescribed in division (K) of~~	59144
~~this section minus (ii) that prorated payment; times~~	59145

~~(b) 0.30 in fiscal year 2010 and 0.70 in fiscal year 2011.~~

59146

~~(3) Division (L)(2) of this section applies to each school~~	59147
~~district that meets all of the following conditions:~~	59148

~~(a) The district qualifies for the calculation of a payment~~	59149
~~under division (J) of this section because it transports students~~	59150
~~on board-owned or contractor-owned school buses.~~	59151

~~(b) The district's local wealth per pupil, calculated as~~	59152
~~prescribed in section 3317.0217 of the Revised Code, is at or~~	59153
~~below the median local wealth per pupil of all districts that~~	59154
~~qualify for calculation of a payment under division (J) of this~~	59155
~~section.~~	59156

~~(c) The district's rider density is at or below the median~~	59157
~~rider density of all districts that qualify for calculation of a~~	59158
~~payment under division (J) of this section.~~	59159

Sec. 3317.03. ~~The information certified and verified under~~	59160
~~this section shall be used to calculate payments under this~~	59161
~~chapter and Chapter 3306. of the Revised Code.~~	59162

(A) The superintendent of each city, local, and exempted	59163
village school district and of each educational service center	59164
shall, for the schools under the superintendent's supervision,	59165
certify to the state board of education on or before the fifteenth	59166
day of October in each year for the first full school week in	59167
October the average daily membership of students receiving	59168
services from schools under the superintendent's supervision, and	59169
the numbers of other students entitled to attend school in the	59170
district under section 3313.64 or 3313.65 of the Revised Code the	59171
superintendent is required to report under this section, so that	59172
the department of education can calculate the district's formula	59173
ADM. If a school under the superintendent's supervision is closed	59174
for one or more days during that week due to hazardous weather	59175
conditions or other circumstances described in the first paragraph	59176
of division (B) of section 3317.01 of the Revised Code, the	59177
superintendent may apply to the superintendent of public	59178
instruction for a waiver, under which the superintendent of public	59179
instruction may exempt the district superintendent from certifying	59180
the average daily membership for that school for that week and	59181
specify an alternate week for certifying the average daily	59182
membership of that school.	59183

The average daily membership during such week shall consist	59184
of the sum of the following:	59185

(1) On an FTE basis, the number of students in grades	59186
kindergarten through twelve receiving any educational services	59187
from the district, except that the following categories of	59188
students shall not be included in the determination:	59189

(a) Students enrolled in adult education classes;

59190

(b) Adjacent or other district students enrolled in the	59191
district under an open enrollment policy pursuant to section	59192
3313.98 of the Revised Code;	59193

(c) Students receiving services in the district pursuant to a	59194
compact, cooperative education agreement, or a contract, but who	59195
are entitled to attend school in another district pursuant to	59196
section 3313.64 or 3313.65 of the Revised Code;	59197

(d) Students for whom tuition is payable pursuant to sections	59198
3317.081 and 3323.141 of the Revised Code;	59199

(e) Students receiving services in the district through a	59200
scholarship awarded under either section 3310.41 or sections	59201
3310.51 to 3310.64 of the Revised Code.	59202

(2) On an FTE basis, the number of students entitled to	59203
attend school in the district pursuant to section 3313.64 or	59204
3313.65 of the Revised Code, but receiving educational services in	59205
grades kindergarten through twelve from one or more of the	59206
following entities:	59207

(a) A community school pursuant to Chapter 3314. of the	59208
Revised Code, including any participation in a college pursuant to	59209
Chapter 3365. of the Revised Code while enrolled in such community	59210
school;	59211

(b) An alternative school pursuant to sections 3313.974 to	59212
3313.979 of the Revised Code as described in division (I)(2)(a) or	59213
(b) of this section;	59214

(c) A college pursuant to Chapter 3365. of the Revised Code,	59215
except when the student is enrolled in the college while also	59216
enrolled in a community school pursuant to Chapter 3314. or a	59217
science, technology, engineering, and mathematics school	59218
established under Chapter 3326. of the Revised Code;	59219

(d) An adjacent or other school district under an open	59220
enrollment policy adopted pursuant to section 3313.98 of the	59221
Revised Code;	59222

(e) An educational service center or cooperative education	59223
district;	59224

(f) Another school district under a cooperative education	59225
agreement, compact, or contract;	59226

(g) A chartered nonpublic school with a scholarship paid	59227
under section 3310.08 of the Revised Code;	59228

(h) An alternative public provider or a registered private	59229
provider with a scholarship awarded under either section 3310.41	59230
or sections 3310.51 to 3310.64 of the Revised Code.	59231

As used in this section, "alternative public provider" and	59232
"registered private provider" have the same meanings as in section	59233
3310.41 or 3310.51 of the Revised Code, as applicable.	59234

(i) A science, technology, engineering, and mathematics	59235
school established under Chapter 3326. of the Revised Code,	59236
including any participation in a college pursuant to Chapter 3365.	59237
of the Revised Code while enrolled in the school;	59238

(j) A college-preparatory boarding school established under	59239
Chapter 3328. of the Revised Code.	59240

(3) The number of students enrolled in a joint vocational	59241
school district or under a vocational education compact, excluding	59242
any students entitled to attend school in the district under	59243
section 3313.64 or 3313.65 of the Revised Code who are enrolled in	59244
another school district through an open enrollment policy as	59245
reported under division (A)(2)(d) of this section and then enroll	59246
in a joint vocational school district or under a vocational	59247
education compact;	59248

(4) The number of children with disabilities, other than	59249
preschool children with disabilities, entitled to attend school in	59250
the district pursuant to section 3313.64 or 3313.65 of the Revised	59251
Code who are placed by the district with a county DD board, minus	59252
the number of such children placed with a county DD board in	59253
fiscal year 1998. If this calculation produces a negative number,	59254
the number reported under division (A)(4) of this section shall be	59255
zero.	59256

(B) To enable the department of education to obtain the data	59257
needed to complete the calculation of payments pursuant to this	59258
chapter ~~and Chapter 3306. of the Revised Code~~, in addition to the	59259
average daily membership, each superintendent shall report	59260
separately the following student counts for the same week for	59261
which average daily membership is certified:	59262

(1) The total average daily membership in regular learning	59263
day classes included in the report under division (A)(1) or (2) of	59264
this section for each of the individual grades kindergarten	59265
through twelve in schools under the superintendent's supervision;	59266

(2) The number of all preschool children with disabilities	59267
enrolled as of the first day of December in classes in the	59268
district that are eligible for approval under division (B) of	59269
section 3317.05 of the Revised Code and the number of those	59270
classes, which shall be reported not later than the fifteenth day	59271
of December, in accordance with rules adopted under that section;	59272

(3) The number of children entitled to attend school in the	59273
district pursuant to section 3313.64 or 3313.65 of the Revised	59274
Code who are:	59275

(a) Participating in a pilot project scholarship program	59276
established under sections 3313.974 to 3313.979 of the Revised	59277
Code as described in division (I)(2)(a) or (b) of this section;	59278

(b) Enrolled in a college under Chapter 3365. of the Revised	59279
Code, except when the student is enrolled in the college while	59280
also enrolled in a community school pursuant to Chapter 3314. or a	59281
science, technology, engineering, and mathematics school	59282
established under Chapter 3326. of the Revised Code;	59283

(c) Enrolled in an adjacent or other school district under	59284
section 3313.98 of the Revised Code;	59285

(d) Enrolled in a community school established under Chapter	59286
3314. of the Revised Code that is not an internet- or	59287
computer-based community school as defined in section 3314.02 of	59288
the Revised Code, including any participation in a college	59289
pursuant to Chapter 3365. of the Revised Code while enrolled in	59290
such community school;	59291

(e) Enrolled in an internet- or computer-based community	59292
school, as defined in section 3314.02 of the Revised Code,	59293
including any participation in a college pursuant to Chapter 3365.	59294
of the Revised Code while enrolled in the school;	59295

(f) Enrolled in a chartered nonpublic school with a	59296
scholarship paid under section 3310.08 of the Revised Code;	59297

(g) Enrolled in kindergarten through grade twelve in an	59298
alternative public provider or a registered private provider with	59299
a scholarship awarded under section 3310.41 of the Revised Code;	59300

(h) Enrolled as a preschool child with a disability in an	59301
alternative public provider or a registered private provider with	59302
a scholarship awarded under section 3310.41 of the Revised Code;	59303

(i) Participating in a program operated by a county DD board	59304
or a state institution;	59305

(j) Enrolled in a science, technology, engineering, and	59306
mathematics school established under Chapter 3326. of the Revised	59307
Code, including any participation in a college pursuant to Chapter	59308
3365. of the Revised Code while enrolled in the school;	59309

(k) Enrolled in a college-preparatory boarding school	59310
established under Chapter 3328. of the Revised Code.	59311

(4) The number of pupils enrolled in joint vocational	59312
schools;	59313

(5) The combined average daily membership of children with	59314
disabilities reported under division (A)(1) or (2) of this section	59315
receiving special education services for the category one	59316
disability described in division ~~(D)(1)~~(A) of section ~~3306.02~~	59317
3317.013 of the Revised Code, including children attending a	59318
special education program operated by an alternative public	59319
provider or a registered private provider with a scholarship	59320
awarded under sections 3310.51 to 3310.64 of the Revised Code;	59321

(6) The combined average daily membership of children with	59322
disabilities reported under division (A)(1) or (2) of this section	59323
receiving special education services for category two disabilities	59324
described in division ~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the	59325
Revised Code, including children attending a special education	59326
program operated by an alternative public provider or a registered	59327
private provider with a scholarship awarded under sections 3310.51	59328
to 3310.64 of the Revised Code;	59329

(7) The combined average daily membership of children with	59330
disabilities reported under division (A)(1) or (2) of this section	59331
receiving special education services for category three	59332
disabilities described in division ~~(D)(3)~~(C) of section ~~3306.02~~	59333
3317.013 of the Revised Code, including children attending a	59334
special education program operated by an alternative public	59335
provider or a registered private provider with a scholarship	59336
awarded under sections 3310.51 to 3310.64 of the Revised Code;	59337

(8) The combined average daily membership of children with	59338
disabilities reported under division (A)(1) or (2) of this section	59339
receiving special education services for category four	59340
disabilities described in division (D)~~(4)~~ of section ~~3306.02~~	59341
3317.013 of the Revised Code, including children attending a	59342
special education program operated by an alternative public	59343
provider or a registered private provider with a scholarship	59344
awarded under sections 3310.51 to 3310.64 of the Revised Code;	59345

(9) The combined average daily membership of children with	59346
disabilities reported under division (A)(1) or (2) of this section	59347
receiving special education services for the category five	59348
disabilities described in division ~~(D)(5)~~(E) of section ~~3306.02~~	59349
3317.013 of the Revised Code, including children attending a	59350
special education program operated by an alternative public	59351
provider or a registered private provider with a scholarship	59352
awarded under sections 3310.51 to 3310.64 of the Revised Code;	59353

(10) The combined average daily membership of children with	59354
disabilities reported under division (A)(1) or (2) and under	59355
division (B)(3)(h) of this section receiving special education	59356
services for category six disabilities described in division	59357
~~(D)(6)~~(F) of section ~~3306.02~~3317.013 of the Revised Code,	59358
including children attending a special education program operated	59359
by an alternative public provider or a registered private provider	59360
with a scholarship awarded under either section 3310.41 or	59361
sections 3310.51 to 3310.64 of the Revised Code;	59362

(11) The average daily membership of pupils reported under	59363
division (A)(1) or (2) of this section enrolled in category one	59364
vocational education programs or classes, described in division	59365
(A) of section 3317.014 of the Revised Code, operated by the	59366
school district or by another district, other than a joint	59367
vocational school district, or by an educational service center,	59368
excluding any student reported under division (B)(3)(e) of this	59369
section as enrolled in an internet- or computer-based community	59370
school, notwithstanding division (C) of section 3317.02 of the	59371
Revised Code and division (C)(3) of this section;	59372

(12) The average daily membership of pupils reported under	59373
division (A)(1) or (2) of this section enrolled in category two	59374
vocational education programs or services, described in division	59375
(B) of section 3317.014 of the Revised Code, operated by the	59376
school district or another school district, other than a joint	59377
vocational school district, or by an educational service center,	59378
excluding any student reported under division (B)(3)(e) of this	59379
section as enrolled in an internet- or computer-based community	59380
school, notwithstanding division (C) of section 3317.02 of the	59381
Revised Code and division (C)(3) of this section;	59382

Beginning with fiscal year 2010, vocational education ADM	59383
shall not be used to calculate a district's funding but shall be	59384
reported under divisions (B)(11) and (12) of this section for	59385
statistical purposes.	59386

(13) The average number of children transported by the school	59387
district on board-owned or contractor-owned and -operated buses,	59388
reported in accordance with rules adopted by the department of	59389
education;	59390

(14)(a) The number of children, other than preschool children	59391
with disabilities, the district placed with a county DD board in	59392
fiscal year 1998;	59393

(b) The number of children with disabilities, other than	59394
preschool children with disabilities, placed with a county DD	59395
board in the current fiscal year to receive special education	59396
services for the category one disability described in division	59397
~~(D)(1)~~(A) of section ~~3306.02~~3317.013 of the Revised Code;	59398

(c) The number of children with disabilities, other than	59399
preschool children with disabilities, placed with a county DD	59400
board in the current fiscal year to receive special education	59401
services for category two disabilities described in division	59402
~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the Revised Code;	59403

(d) The number of children with disabilities, other than	59404
preschool children with disabilities, placed with a county DD	59405
board in the current fiscal year to receive special education	59406
services for category three disabilities described in division	59407
~~(D)(3)~~(C) of section ~~3306.02~~3317.013 of the Revised Code;	59408

(e) The number of children with disabilities, other than	59409
preschool children with disabilities, placed with a county DD	59410
board in the current fiscal year to receive special education	59411
services for category four disabilities described in division	59412
(D)~~(4)~~ of section ~~3306.02~~3317.013 of the Revised Code;	59413

(f) The number of children with disabilities, other than	59414
preschool children with disabilities, placed with a county DD	59415
board in the current fiscal year to receive special education	59416
services for the category five disabilities described in division	59417
~~(D)(5)~~(E) of section ~~3306.02~~3317.013 of the Revised Code;	59418

(g) The number of children with disabilities, other than	59419
preschool children with disabilities, placed with a county DD	59420
board in the current fiscal year to receive special education	59421
services for category six disabilities described in division	59422
~~(D)(6)~~(F) of section ~~3306.02~~3317.013 of the Revised Code.	59423

(C)(1) The average daily membership in divisions (B)(1) to	59424
(12) of this section shall be based upon the number of full-time	59425
equivalent students. The state board of education shall adopt	59426
rules defining full-time equivalent students and for determining	59427
the average daily membership therefrom for the purposes of	59428
divisions (A), (B), and (D) of this section. Each student enrolled	59429
in kindergarten shall be counted as one full-time equivalent	59430
student regardless of whether the student is enrolled in a	59431
part-day or all-day kindergarten class.	59432

(2) A student enrolled in a community school established	59433
under Chapter 3314. or, a science, technology, engineering, and	59434
mathematics school established under Chapter 3326., or a	59435
college-preparatory boarding school established under Chapter	59436
3328. of the Revised Code shall be counted in the formula ADM and,	59437
if applicable, the category one, two, three, four, five, or six	59438
special education ADM of the school district in which the student	59439
is entitled to attend school under section 3313.64 or 3313.65 of	59440
the Revised Code for the same proportion of the school year that	59441
the student is counted in the enrollment of the community school	59442
or, the science, technology, engineering, and mathematics school,	59443
or the college-preparatory boarding school for purposes of section	59444
3314.08 or, 3326.33, or 3328.24 of the Revised Code.	59445
Notwithstanding the number of students reported pursuant to	59446
division (B)(3)(d), (e), or (j), or (k) of this section, the	59447
department may adjust the formula ADM of a school district to	59448
account for students entitled to attend school in the district	59449
under section 3313.64 or 3313.65 of the Revised Code who are	59450
enrolled in a community school or, a science, technology,	59451
engineering, and mathematics school, or a college-preparatory	59452
boarding school for only a portion of the school year.	59453

(3) No child shall be counted as more than a total of one	59454
child in the sum of the average daily memberships of a school	59455
district under division (A), divisions (B)(1) to (12), or division	59456
(D) of this section, except as follows:	59457

(a) A child with a disability described in ~~division (D) of~~	59458
section ~~3306.02~~3317.013 of the Revised Code may be counted both	59459
in formula ADM and in category one, two, three, four, five, or six	59460
special education ADM and, if applicable, in category one or two	59461
vocational education ADM. As provided in division (C) of section	59462
3317.02 of the Revised Code, such a child shall be counted in	59463
category one, two, three, four, five, or six special education ADM	59464
in the same proportion that the child is counted in formula ADM.	59465

(b) A child enrolled in vocational education programs or	59466
classes described in section 3317.014 of the Revised Code may be	59467
counted both in formula ADM and category one or two vocational	59468
education ADM and, if applicable, in category one, two, three,	59469
four, five, or six special education ADM. Such a child shall be	59470
counted in category one or two vocational education ADM in the	59471
same proportion as the percentage of time that the child spends in	59472
the vocational education programs or classes.	59473

(4) Based on the information reported under this section, the	59474
department of education shall determine the total student count,	59475
as defined in section 3301.011 of the Revised Code, for each	59476
school district.	59477

(D)(1) The superintendent of each joint vocational school	59478
district shall certify to the superintendent of public instruction	59479
on or before the fifteenth day of October in each year for the	59480
first full school week in October the formula ADM, for purposes of	59481
section 3318.42 of the Revised Code and for any other purpose	59482
prescribed by law for which "formula ADM" of the joint vocational	59483
district is a factor. If a school operated by the joint vocational	59484
school district is closed for one or more days during that week	59485
due to hazardous weather conditions or other circumstances	59486
described in the first paragraph of division (B) of section	59487
3317.01 of the Revised Code, the superintendent may apply to the	59488
superintendent of public instruction for a waiver, under which the	59489
superintendent of public instruction may exempt the district	59490
superintendent from certifying the formula ADM for that school for	59491
that week and specify an alternate week for certifying the formula	59492
ADM of that school.	59493

The formula ADM, except as otherwise provided in this	59494
division, shall consist of the average daily membership during	59495
such week, on an FTE basis, of the number of students receiving	59496
any educational services from the district, including students	59497
enrolled in a community school established under Chapter 3314. or	59498
a science, technology, engineering, and mathematics school	59499
established under Chapter 3326. of the Revised Code who are	59500
attending the joint vocational district under an agreement between	59501
the district board of education and the governing authority of the	59502
community school or the governing body of the science, technology,	59503
engineering, and mathematics school and are entitled to attend	59504
school in a city, local, or exempted village school district whose	59505
territory is part of the territory of the joint vocational	59506
district.	59507

The following categories of students shall not be included in	59508
the determination made under division (D)(1) of this section:	59509

(a) Students enrolled in adult education classes;

59510

(b) Adjacent or other district joint vocational students	59511
enrolled in the district under an open enrollment policy pursuant	59512
to section 3313.98 of the Revised Code;	59513

(c) Students receiving services in the district pursuant to a	59514
compact, cooperative education agreement, or a contract, but who	59515
are entitled to attend school in a city, local, or exempted	59516
village school district whose territory is not part of the	59517
territory of the joint vocational district;	59518

(d) Students for whom tuition is payable pursuant to sections	59519
3317.081 and 3323.141 of the Revised Code.	59520

(2) InTo enable the department of education to obtain the	59521
data needed to complete the calculation of payments pursuant to	59522
this chapter, in addition to the formula ADM, each superintendent	59523
shall report separately the average daily membership included in	59524
the report under division (D)(1) of this section for each of the	59525
following categories of students for the same week for which	59526
formula ADM is certified:	59527

(a) Students enrolled in each individual grade included in	59528
the joint vocational district schools;	59529

(b) Children with disabilities receiving special education	59530
services for the category one disability described in division	59531
~~(D)(1)~~(A) of section ~~3306.02~~3317.013 of the Revised Code;	59532

(c) Children with disabilities receiving special education	59533
services for the category two disabilities described in division	59534
~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the Revised Code;	59535

(d) Children with disabilities receiving special education	59536
services for category three disabilities described in division	59537
~~(D)(3)~~(C) of section ~~3306.02~~3317.013 of the Revised Code;	59538

(e) Children with disabilities receiving special education	59539
services for category four disabilities described in division	59540
(D)~~(4)~~ of section ~~3306.02~~3317.013 of the Revised Code;	59541

(f) Children with disabilities receiving special education	59542
services for the category five disabilities described in division	59543
~~(D)(5)~~(E) of section ~~3306.02~~3317.013 of the Revised Code;	59544

(g) Children with disabilities receiving special education	59545
services for category six disabilities described in division	59546
~~(D)(6)~~(F) of section ~~3306.02~~3317.013 of the Revised Code;	59547

(h) Students receiving category one vocational education	59548
services, described in division (A) of section 3317.014 of the	59549
Revised Code;	59550

(i) Students receiving category two vocational education	59551
services, described in division (B) of section 3317.014 of the	59552
Revised Code.	59553

The superintendent of each joint vocational school district	59554
shall also indicate the city, local, or exempted village school	59555
district in which each joint vocational district pupil is entitled	59556
to attend school pursuant to section 3313.64 or 3313.65 of the	59557
Revised Code.	59558

(E) In each school of each city, local, exempted village,	59559
joint vocational, and cooperative education school district there	59560
shall be maintained a record of school membership, which record	59561
shall accurately show, for each day the school is in session, the	59562
actual membership enrolled in regular day classes. For the purpose	59563
of determining average daily membership, the membership figure of	59564
any school shall not include any pupils except those pupils	59565
described by division (A) of this section. The record of	59566
membership for each school shall be maintained in such manner that	59567
no pupil shall be counted as in membership prior to the actual	59568
date of entry in the school and also in such manner that where for	59569
any cause a pupil permanently withdraws from the school that pupil	59570
shall not be counted as in membership from and after the date of	59571
such withdrawal. There shall not be included in the membership of	59572
any school any of the following:	59573

(1) Any pupil who has graduated from the twelfth grade of a	59574
public or nonpublic high school;	59575

(2) Any pupil who is not a resident of the state;

59576

(3) Any pupil who was enrolled in the schools of the district	59577
during the previous school year when assessments were administered	59578
under section 3301.0711 of the Revised Code but did not take one	59579
or more of the assessments required by that section and was not	59580
excused pursuant to division (C)(1) or (3) of that section;	59581

(4) Any pupil who has attained the age of twenty-two years,	59582
except for veterans of the armed services whose attendance was	59583
interrupted before completing the recognized twelve-year course of	59584
the public schools by reason of induction or enlistment in the	59585
armed forces and who apply for reenrollment in the public school	59586
system of their residence not later than four years after	59587
termination of war or their honorable discharge.	59588

If, however, any veteran described by division (E)(4) of this	59589
section elects to enroll in special courses organized for veterans	59590
for whom tuition is paid under the provisions of federal laws, or	59591
otherwise, that veteran shall not be included in average daily	59592
membership.	59593

Notwithstanding division (E)(3) of this section, the	59594
membership of any school may include a pupil who did not take an	59595
assessment required by section 3301.0711 of the Revised Code if	59596
the superintendent of public instruction grants a waiver from the	59597
requirement to take the assessment to the specific pupil and a	59598
parent is not paying tuition for the pupil pursuant to section	59599
3313.6410 of the Revised Code. The superintendent may grant such a	59600
waiver only for good cause in accordance with rules adopted by the	59601
state board of education.	59602

Except as provided in divisions (B)(2) and (F) of this	59603
section, the average daily membership figure of any local, city,	59604
exempted village, or joint vocational school district shall be	59605
determined by dividing the figure representing the sum of the	59606
number of pupils enrolled during each day the school of attendance	59607
is actually open for instruction during the week for which the	59608
average daily membership is being certified by the total number of	59609
days the school was actually open for instruction during that	59610
week. For purposes of state funding, "enrolled" persons are only	59611
those pupils who are attending school, those who have attended	59612
school during the current school year and are absent for	59613
authorized reasons, and those children with disabilities currently	59614
receiving home instruction.	59615

The average daily membership figure of any cooperative	59616
education school district shall be determined in accordance with	59617
rules adopted by the state board of education.	59618

(F)(1) If the formula ADM for the first full school week in	59619
February is at least three per cent greater than that certified	59620
for the first full school week in the preceding October, the	59621
superintendent of schools of any city, exempted village, or joint	59622
vocational school district or educational service center shall	59623
certify such increase to the superintendent of public instruction.	59624
Such certification shall be submitted no later than the fifteenth	59625
day of February. For the balance of the fiscal year, beginning	59626
with the February payments, the superintendent of public	59627
instruction shall use the increased formula ADM in calculating or	59628
recalculating the amounts to be allocated in accordance with	59629
section 3317.022 or 3317.16 of the Revised Code. In no event shall	59630
the superintendent use an increased membership certified to the	59631
superintendent after the fifteenth day of February. Division	59632
(F)(1) of this section does not apply after fiscal year 2006.	59633

(2) If on the first school day of April the total number of	59634
classes or units for preschool children with disabilities that are	59635
eligible for approval under division (B) of section 3317.05 of the	59636
Revised Code exceeds the number of units that have been approved	59637
for the year under that division, the superintendent of schools of	59638
any city, exempted village, or cooperative education school	59639
district or educational service center shall make the	59640
certifications required by this section for that day. If the	59641
department determines additional units can be approved for the	59642
fiscal year within any limitations set forth in the acts	59643
appropriating moneys for the funding of such units, the department	59644
shall approve additional units for the fiscal year on the basis of	59645
such average daily membership. For each unit so approved, the	59646
department shall pay an amount computed in the manner prescribed	59647
in section 3317.052 or 3317.19 and section 3317.053 of the Revised	59648
Code.	59649

(3) If a student attending a community school under Chapter	59650
3314. or, a science, technology, engineering, and mathematics	59651
school established under Chapter 3326., or a college-preparatory	59652
boarding school established under Chapter 3328. of the Revised	59653
Code is not included in the formula ADM certified for the school	59654
district in which the student is entitled to attend school under	59655
section 3313.64 or 3313.65 of the Revised Code, the department of	59656
education shall adjust the formula ADM of that school district to	59657
include the student in accordance with division (C)(2) of this	59658
section, and shall recalculate the school district's payments	59659
under this chapter ~~and Chapter 3306. of the Revised Code~~ for the	59660
entire fiscal year on the basis of that adjusted formula ADM. This	59661
requirement applies regardless of whether the student was	59662
enrolled, as defined in division (E) of this section, in the	59663
community school or, the science, technology, engineering, and	59664
mathematics school, or the college-preparatory boarding school	59665
during the week for which the formula ADM is being certified.	59666

(4) If a student awarded an educational choice scholarship is	59667
not included in the formula ADM of the school district from which	59668
the department deducts funds for the scholarship under section	59669
3310.08 of the Revised Code, the department shall adjust the	59670
formula ADM of that school district to include the student to the	59671
extent necessary to account for the deduction, and shall	59672
recalculate the school district's payments under this chapter ~~and~~	59673
~~Chapter 3306. of the Revised Code~~ for the entire fiscal year on	59674
the basis of that adjusted formula ADM. This requirement applies	59675
regardless of whether the student was enrolled, as defined in	59676
division (E) of this section, in the chartered nonpublic school,	59677
the school district, or a community school during the week for	59678
which the formula ADM is being certified.	59679

(5) If a student awarded a scholarship under the Jon Peterson	59680
special needs scholarship program is not included in the formula	59681
ADM of the school district from which the department deducts funds	59682
for the scholarship under section 3310.55 of the Revised Code, the	59683
department shall adjust the formula ADM of that school district to	59684
include the student to the extent necessary to account for the	59685
deduction, and shall recalculate the school district's payments	59686
under this chapter for the entire fiscal year on the basis of that	59687
adjusted formula ADM. This requirement applies regardless of	59688
whether the student was enrolled, as defined in division (E) of	59689
this section, in an alternative public provider, a registered	59690
private provider, or the school district during the week for which	59691
the formula ADM is being certified.	59692

(G)(1)(a) The superintendent of an institution operating a	59693
special education program pursuant to section 3323.091 of the	59694
Revised Code shall, for the programs under such superintendent's	59695
supervision, certify to the state board of education, in the	59696
manner prescribed by the superintendent of public instruction,	59697
both of the following:	59698

(i) The average daily membership of all children with	59699
disabilities other than preschool children with disabilities	59700
receiving services at the institution for each category of	59701
disability described in divisions ~~(D)(1) to (6)~~(A) to (F) of	59702
section ~~3306.02~~3317.013 of the Revised Code;	59703

(ii) The average daily membership of all preschool children	59704
with disabilities in classes or programs approved annually by the	59705
department of education for unit funding under section 3317.05 of	59706
the Revised Code.	59707

(b) The superintendent of an institution with vocational	59708
education units approved under division (A) of section 3317.05 of	59709
the Revised Code shall, for the units under the superintendent's	59710
supervision, certify to the state board of education the average	59711
daily membership in those units, in the manner prescribed by the	59712
superintendent of public instruction.	59713

(2) The superintendent of each county DD board that maintains	59714
special education classes under section 3317.20 of the Revised	59715
Code or units approved pursuant to section 3317.05 of the Revised	59716
Code shall do both of the following:	59717

(a) Certify to the state board, in the manner prescribed by	59718
the board, the average daily membership in classes under section	59719
3317.20 of the Revised Code for each school district that has	59720
placed children in the classes;	59721

(b) Certify to the state board, in the manner prescribed by	59722
the board, the number of all preschool children with disabilities	59723
enrolled as of the first day of December in classes eligible for	59724
approval under division (B) of section 3317.05 of the Revised	59725
Code, and the number of those classes.	59726

(3)(a) If on the first school day of April the number of	59727
classes or units maintained for preschool children with	59728
disabilities by the county DD board that are eligible for approval	59729
under division (B) of section 3317.05 of the Revised Code is	59730
greater than the number of units approved for the year under that	59731
division, the superintendent shall make the certification required	59732
by this section for that day.	59733

(b) If the department determines that additional classes or	59734
units can be approved for the fiscal year within any limitations	59735
set forth in the acts appropriating moneys for the funding of the	59736
classes and units described in division (G)(3)(a) of this section,	59737
the department shall approve and fund additional units for the	59738
fiscal year on the basis of such average daily membership. For	59739
each unit so approved, the department shall pay an amount computed	59740
in the manner prescribed in sections 3317.052 and 3317.053 of the	59741
Revised Code.	59742

(H) Except as provided in division (I) of this section, when	59743
any city, local, or exempted village school district provides	59744
instruction for a nonresident pupil whose attendance is	59745
unauthorized attendance as defined in section 3327.06 of the	59746
Revised Code, that pupil's membership shall not be included in	59747
that district's membership figure used in the calculation of that	59748
district's formula ADM or included in the determination of any	59749
unit approved for the district under section 3317.05 of the	59750
Revised Code. The reporting official shall report separately the	59751
average daily membership of all pupils whose attendance in the	59752
district is unauthorized attendance, and the membership of each	59753
such pupil shall be credited to the school district in which the	59754
pupil is entitled to attend school under division (B) of section	59755
3313.64 or section 3313.65 of the Revised Code as determined by	59756
the department of education.	59757

(I)(1) A city, local, exempted village, or joint vocational	59758
school district admitting a scholarship student of a pilot project	59759
district pursuant to division (C) of section 3313.976 of the	59760
Revised Code may count such student in its average daily	59761
membership.	59762

(2) In any year for which funds are appropriated for pilot	59763
project scholarship programs, a school district implementing a	59764
state-sponsored pilot project scholarship program that year	59765
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	59766
count in average daily membership:	59767

(a) All children residing in the district and utilizing a	59768
scholarship to attend kindergarten in any alternative school, as	59769
defined in section 3313.974 of the Revised Code;	59770

(b) All children who were enrolled in the district in the	59771
preceding year who are utilizing a scholarship to attend ~~any such~~	59772
an alternative school.	59773

(J) The superintendent of each cooperative education school	59774
district shall certify to the superintendent of public	59775
instruction, in a manner prescribed by the state board of	59776
education, the applicable average daily memberships for all	59777
students in the cooperative education district, also indicating	59778
the city, local, or exempted village district where each pupil is	59779
entitled to attend school under section 3313.64 or 3313.65 of the	59780
Revised Code.	59781

(K) If the superintendent of public instruction determines	59782
that a component of the average daily membership certified or	59783
reported by a district superintendent, or other reporting entity,	59784
is not correct, the superintendent of public instruction may order	59785
that the formula ADM used for the purposes of payments under any	59786
section of Title XXXIII of the Revised Code be adjusted in the	59787
amount of the error.	59788

Sec. 3317.031. A membership record shall be kept by grade	59789
level in each city, local, exempted village, joint vocational, and	59790
cooperative education school district and such a record shall be	59791
kept by grade level in each educational service center that	59792
provides academic instruction to pupils, classes for pupils with	59793
disabilities, or any other direct instructional services to	59794
pupils. Such membership record shall show the following	59795
information for each pupil enrolled: Name, date of birth, name of	59796
parent, date entered school, date withdrawn from school, days	59797
present, days absent, and the number of days school was open for	59798
instruction while the pupil was enrolled. At the end of the school	59799
year this membership record shall show the total days present, the	59800
total days absent, and the total days due for all pupils in each	59801
grade. Such membership record shall show the pupils that are	59802
transported to and from school and it shall also show the pupils	59803
that are transported living within one mile of the school	59804
attended. This membership record shall also show any other	59805
information prescribed by the state board of education.	59806

This membership record shall be kept intact for at least five	59807
years and shall be made available to the state board of education	59808
or its representative in making an audit of the average daily	59809
membership or the transportation of the district or educational	59810
service center. ~~The membership records of local school districts~~	59811
~~shall be filed at the close of each school year in the office of~~	59812
~~the educational service center superintendent.~~	59813

The state board of education may withhold any money due any	59814
school district or educational service center under this chapter	59815
~~and Chapter 3306. of the Revised Code~~ until it has satisfactory	59816
evidence that the board of education or educational service center	59817
governing board has fully complied with all of the provisions of	59818
this section.	59819

Nothing in this section shall require any person to release,	59820
or to permit access to, public school records in violation of	59821
section 3319.321 of the Revised Code.	59822

Sec. 3317.05. (A) For the purpose of calculating payments	59823
under sections 3317.052 and 3317.053 of the Revised Code, the	59824
department of education shall determine for each institution, by	59825
the last day of January of each year and based on information	59826
certified under section 3317.03 of the Revised Code, the number of	59827
vocational education units or fractions of units approved by the	59828
department on the basis of standards and rules adopted by the	59829
state board of education. As used in this division, "institution"	59830
means an institution operated by a department specified in section	59831
3323.091 of the Revised Code and that provides vocational	59832
education programs under the supervision of the division of	59833
vocational education of the department that meet the standards and	59834
rules for these programs, including licensure of professional	59835
staff involved in the programs, as established by the state board.	59836

(B) For the purpose of calculating payments under sections	59837
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	59838
department shall determine, based on information certified under	59839
section 3317.03 of the Revised Code, the following by the last day	59840
of January of each year for each educational service center, for	59841
each school district, including each cooperative education school	59842
district, for each institution eligible for payment under section	59843
3323.091 of the Revised Code, and for each county DD board: the	59844
number of classes operated by the school district, service center,	59845
institution, or county DD board for preschool children with	59846
disabilities, or fraction thereof, including in the case of a	59847
district or service center that is a funding agent, classes taught	59848
by a licensed teacher employed by that district or service center	59849
under section 3313.841 of the Revised Code, approved annually by	59850
the department on the basis of standards and rules adopted by the	59851
state board.	59852

(C) For the purpose of calculating payments under sections	59853
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	59854
department shall determine, based on information certified under	59855
section 3317.03 of the Revised Code, the following by the last day	59856
of January of each year for each school district, including each	59857
cooperative education school district, for each institution	59858
eligible for payment under section 3323.091 of the Revised Code,	59859
and for each county DD board: the number of units for related	59860
services, as defined in section 3323.01 of the Revised Code, for	59861
preschool children with disabilities approved annually by the	59862
department on the basis of standards and rules adopted by the	59863
state board.	59864

(D) All of the arithmetical calculations made under this	59865
section shall be carried to the second decimal place. The total	59866
number of units for school districts, service centers, and	59867
institutions approved annually under this section shall not exceed	59868
the number of units included in the estimate of cost for these	59869
units and appropriations made for them by the general assembly.	59870

In the case of units for preschool children with disabilities	59871
described in division (B) of this section, the department shall	59872
approve only preschool units for children who are under age six on	59873
the thirtieth day of September of the academic year, or on the	59874
first day of August of the academic year if the school district in	59875
which the child is enrolled has adopted a resolution under	59876
division (A)(3) of section 3321.01 of the Revised Code, but not	59877
less than age three on the first day of December of the academic	59878
year, except that such a unit may include one or more children who	59879
are under age three or are age six or over on the applicable date,	59880
as reported under division (B)(2) or (G)(2)(b) of section 3317.03	59881
of the Revised Code, if such children have been admitted to the	59882
unit pursuant to rules of the state board. The number of units for	59883
county DD boards and institutions eligible for payment under	59884
section 3323.091 of the Revised Code approved under this section	59885
shall not exceed the number that can be funded with appropriations	59886
made for such purposes by the general assembly.	59887

No unit shall be approved under divisions (B) and (C) of this	59888
section unless a plan has been submitted and approved under	59889
Chapter 3323. of the Revised Code.	59890

~~(E) The department shall approve units or fractions thereof~~	59891
~~for gifted children on the basis of standards and rules adopted by~~	59892
~~the state board.~~	59893

Sec. 3317.051. ~~(A)(1) Notwithstanding sections 3317.05 and~~	59894
~~3317.11 of the Revised Code, a unit funded pursuant to division~~	59895
~~(L) of section 3317.024 or division (A)(2) of section 3317.052 of~~	59896
~~the Revised Code shall not be approved for state funding in one~~	59897
~~school district, including any cooperative education school~~	59898
~~district or any educational service center, to the extent that~~	59899
~~such unit provides programs in or services to another district~~	59900
~~which receives payment pursuant to section 3317.04 of the Revised~~	59901
~~Code.~~	59902

~~(2)~~ Any city, local, exempted village, or cooperative	59903
education school district or any educational service center may	59904
combine partial unit eligibility for programs for preschool	59905
children with disabilities pursuant to section 3317.05 of the	59906
Revised Code, and such combined partial units may be approved for	59907
state funding in one school district or service center.	59908

~~(B) After units have been initially approved for any fiscal~~	59909
~~year under section 3317.05 of the Revised Code, no unit shall be~~	59910
~~subsequently transferred from a school district or educational~~	59911
~~service center to another city, exempted village, local, or~~	59912
~~cooperative education school district or educational service~~	59913
~~center or to an institution or county DD board solely for the~~	59914
~~purpose of reducing the financial obligations of the school~~	59915
~~district in a fiscal year it receives payment pursuant to section~~	59916
~~3317.04 of the Revised Code.~~	59917

Sec. 3317.053. (A) As used in this section:

59918

(1) "State share percentage" has the same meaning as in	59919
section 3317.022 of the Revised Code.	59920

(2) "Dollar amount" means the amount shown in the following	59921
table for the corresponding type of unit:	59922

TYPE OF UNIT	DOLLAR AMOUNT	59923
Division (B) of section 3317.05		59924
of the Revised Code	$8,334	59925
Division (C) of that section	$3,234	59926
~~Division (E) of that section~~	~~$5,550~~	59927

(3) "Average unit amount" means the amount shown in the	59928
following table for the corresponding type of unit:	59929

TYPE OF UNIT	AVERAGE UNIT AMOUNT	59930
Division (B) of section 3317.05		59931
of the Revised Code	$7,799	59932
Division (C) of that section	$2,966	59933
~~Division (E) of that section~~	~~$5,251~~	59934

(B) In the case of each unit described in division (B),or	59935
(C)~~, or (E)~~ of section 3317.05 of the Revised Code and allocated	59936
to a city, local, or exempted village school district, the	59937
department of education, in addition to the amounts specified in	59938
~~division (L) of section 3317.024 and~~ sections 3317.052 and 3317.19	59939
of the Revised Code, shall pay a supplemental unit allowance equal	59940
to the sum of the following amounts:	59941

(1) An amount equal to 50% of the average unit amount for the	59942
unit;	59943

(2) An amount equal to the percentage of the dollar amount	59944
for the unit that equals the district's state share percentage.	59945

If, prior to the fifteenth day of May of a fiscal year, a	59946
school district's aid computed under section 3317.022 of the	59947
Revised Code is recomputed pursuant to section 3317.027 or	59948
3317.028 of the Revised Code, the department shall also recompute	59949
the district's entitlement to payment under this section utilizing	59950
a new state share percentage. Such new state share percentage	59951
shall be determined using the district's recomputed basic aid	59952
amount pursuant to section 3317.027 or 3317.028 of the Revised	59953
Code. During the last six months of the fiscal year, the	59954
department shall pay the district a sum equal to one-half of the	59955
recomputed payment in lieu of one-half the payment otherwise	59956
calculated under this section.	59957

(C)(1) In the case of each unit allocated to an institution	59958
pursuant to division (A) of section 3317.05 of the Revised Code,	59959
the department, in addition to the amount specified in section	59960
3317.052 of the Revised Code, shall pay a supplemental unit	59961
allowance of $7,227.	59962

(2) In the case of each unit described in division (B) of	59963
section 3317.05 of the Revised Code that is allocated to any	59964
entity other than a city, exempted village, or local school	59965
district, the department, in addition to the amount specified in	59966
section 3317.052 of the Revised Code, shall pay a supplemental	59967
unit allowance of $7,799.	59968

(3) In the case of each unit described in division (C) of	59969
section 3317.05 of the Revised Code and allocated to any entity	59970
other than a city, exempted village, or local school district, the	59971
department, in addition to the amounts specified in section	59972
3317.052 of the Revised Code, shall pay a supplemental unit	59973
allowance of $2,966.	59974

~~(4) In the case of each unit described in division (E) of~~	59975
~~section 3317.05 of the Revised Code and allocated to an~~	59976
~~educational service center, the department, in addition to the~~	59977
~~amounts specified in division (L) of section 3317.024 of the~~	59978
~~Revised Code, shall pay a supplemental unit allowance of $5,251.~~	59979

Sec. 3317.06. Moneys paid to school districts under division	59980
~~(I)~~(E) of section 3317.024 of the Revised Code shall be used for	59981
the following independent and fully severable purposes:	59982

(A) To purchase such secular textbooks or electronic	59983
textbooks as have been approved by the superintendent of public	59984
instruction for use in public schools in the state and to loan	59985
such textbooks or electronic textbooks to pupils attending	59986
nonpublic schools within the district or to their parents and to	59987
hire clerical personnel to administer such lending program. Such	59988
loans shall be based upon individual requests submitted by such	59989
nonpublic school pupils or parents. Such requests shall be	59990
submitted to the school district in which the nonpublic school is	59991
located. Such individual requests for the loan of textbooks or	59992
electronic textbooks shall, for administrative convenience, be	59993
submitted by the nonpublic school pupil or the pupil's parent to	59994
the nonpublic school, which shall prepare and submit collective	59995
summaries of the individual requests to the school district. As	59996
used in this section:	59997

(1) "Textbook" means any book or book substitute that a pupil	59998
uses as a consumable or nonconsumable text, text substitute, or	59999
text supplement in a particular class or program in the school the	60000
pupil regularly attends.	60001

(2) "Electronic textbook" means ~~computer software,~~	60002
~~interactive videodisc, magnetic media, CD-ROM, computer~~	60003
~~courseware, local and remote computer assisted instruction,~~	60004
~~on-line service, electronic medium, or other means of conveying~~	60005
~~information to the student or otherwise contributing~~any book or	60006
book substitute that a student accesses through the use of a	60007
computer or other electronic medium or that is available through	60008
an internet-based provider of course content, or any other	60009
material that contributes to the learning process through	60010
electronic means.	60011

(B) To provide speech and hearing diagnostic services to	60012
pupils attending nonpublic schools within the district. Such	60013
service shall be provided in the nonpublic school attended by the	60014
pupil receiving the service.	60015

(C) To provide physician, nursing, dental, and optometric	60016
services to pupils attending nonpublic schools within the	60017
district. Such services shall be provided in the school attended	60018
by the nonpublic school pupil receiving the service.	60019

(D) To provide diagnostic psychological services to pupils	60020
attending nonpublic schools within the district. Such services	60021
shall be provided in the school attended by the pupil receiving	60022
the service.	60023

(E) To provide therapeutic psychological and speech and	60024
hearing services to pupils attending nonpublic schools within the	60025
district. Such services shall be provided in the public school, in	60026
nonpublic schools, in public centers, or in mobile units located	60027
on or off of the nonpublic premises. If such services are provided	60028
in the public school or in public centers, transportation to and	60029
from such facilities shall be provided by the school district in	60030
which the nonpublic school is located.	60031

(F) To provide guidance, counseling, and social work services	60032
to pupils attending nonpublic schools within the district. Such	60033
services shall be provided in the public school, in nonpublic	60034
schools, in public centers, or in mobile units located on or off	60035
of the nonpublic premises. If such services are provided in the	60036
public school or in public centers, transportation to and from	60037
such facilities shall be provided by the school district in which	60038
the nonpublic school is located.	60039

(G) To provide remedial services to pupils attending	60040
nonpublic schools within the district. Such services shall be	60041
provided in the public school, in nonpublic schools, in public	60042
centers, or in mobile units located on or off of the nonpublic	60043
premises. If such services are provided in the public school or in	60044
public centers, transportation to and from such facilities shall	60045
be provided by the school district in which the nonpublic school	60046
is located.	60047

(H) To supply for use by pupils attending nonpublic schools	60048
within the district such standardized tests and scoring services	60049
as are in use in the public schools of the state;	60050

(I) To provide programs for children who attend nonpublic	60051
schools within the district and are children with disabilities as	60052
defined in section 3323.01 of the Revised Code or gifted children.	60053
Such programs shall be provided in the public school, in nonpublic	60054
schools, in public centers, or in mobile units located on or off	60055
of the nonpublic premises. If such programs are provided in the	60056
public school or in public centers, transportation to and from	60057
such facilities shall be provided by the school district in which	60058
the nonpublic school is located.	60059

(J) To hire clerical personnel to assist in the	60060
administration of programs pursuant to divisions (B), (C), (D),	60061
(E), (F), (G), and (I) of this section and to hire supervisory	60062
personnel to supervise the providing of services and textbooks	60063
pursuant to this section.	60064

(K) To purchase or lease any secular, neutral, and	60065
nonideological computer application software ~~(including~~designed	60066
to assist students in performing a single task or multiple related	60067
tasks, device management software, learning management software,	60068
site-licensing), ~~prerecorded video laserdiscs,~~ digital video on	60069
demand (DVD), ~~compact discs, and video cassette cartridges,~~ wide	60070
area connectivity and related technology as it relates to internet	60071
access, mathematics or science equipment and materials,	60072
instructional materials, and school library materials that are in	60073
general use in the public schools of the state and loan such items	60074
to pupils attending nonpublic schools within the district or to	60075
their parents, and to hire clerical personnel to administer the	60076
lending program. Only such items that are incapable of diversion	60077
to religious use and that are susceptible of loan to individual	60078
pupils and are furnished for the use of individual pupils shall be	60079
purchased and loaned under this division. As used in this section,	60080
"instructional materials" means prepared learning materials that	60081
are secular, neutral, and nonideological in character and are of	60082
benefit to the instruction of school children, and may include	60083
educational resources and services developed by the eTech Ohio	60084
commission.	60085

(L) To purchase or lease instructional equipment, including	60086
computer hardware and related equipment in general use in the	60087
public schools of the state, for use by pupils attending nonpublic	60088
schools within the district and to loan such items to pupils	60089
attending nonpublic schools within the district or to their	60090
parents, and to hire clerical personnel to administer the lending	60091
program. "Computer hardware and related equipment" includes	60092
desktop computers and workstations; laptop computers, computer	60093
tablets, and other mobile handheld devices; and their operating	60094
systems and accessories.	60095

(M) To purchase mobile units to be used for the provision of	60096
services pursuant to divisions (E), (F), (G), and (I) of this	60097
section and to pay for necessary repairs and operating costs	60098
associated with these units.	60099

(N) To reimburse costs the district incurred to store the	60100
records of a chartered nonpublic school that closes.	60101
Reimbursements under this division shall be made one time only for	60102
each chartered nonpublic school that closes.	60103

(O) To purchase life-saving medical or other emergency	60104
equipment for placement in nonpublic schools within the district	60105
or to maintain such equipment.	60106

Clerical and supervisory personnel hired pursuant to division	60107
(J) of this section shall perform their services in the public	60108
schools, in nonpublic schools, public centers, or mobile units	60109
where the services are provided to the nonpublic school pupil,	60110
except that such personnel may accompany pupils to and from the	60111
service sites when necessary to ensure the safety of the children	60112
receiving the services.	60113

All services provided pursuant to this section may be	60114
provided under contract with educational service centers, the	60115
department of health, city or general health districts, or private	60116
agencies whose personnel are properly licensed by an appropriate	60117
state board or agency.	60118

Transportation of pupils provided pursuant to divisions (E),	60119
(F), (G), and (I) of this section shall be provided by the school	60120
district from its general funds and not from moneys paid to it	60121
under division ~~(I)~~(E) of section 3317.024 of the Revised Code	60122
unless a special transportation request is submitted by the parent	60123
of the child receiving service pursuant to such divisions. If such	60124
an application is presented to the school district, it may pay for	60125
the transportation from moneys paid to it under division ~~(I)~~(E) of	60126
section 3317.024 of the Revised Code.	60127

No school district shall provide health or remedial services	60128
to nonpublic school pupils as authorized by this section unless	60129
such services are available to pupils attending the public schools	60130
within the district.	60131

Materials, equipment, computer hardware or software,	60132
textbooks, electronic textbooks, and health and remedial services	60133
provided for the benefit of nonpublic school pupils pursuant to	60134
this section and the admission of pupils to such nonpublic schools	60135
shall be provided without distinction as to race, creed, color, or	60136
national origin of such pupils or of their teachers.	60137

No school district shall provide services, materials, or	60138
equipment that contain religious content for use in religious	60139
courses, devotional exercises, religious training, or any other	60140
religious activity.	60141

As used in this section, "parent" includes a person standing	60142
in loco parentis to a child.	60143

Notwithstanding section 3317.01 of the Revised Code, payments	60144
shall be made under this section to any city, local, or exempted	60145
village school district within which is located one or more	60146
nonpublic elementary or high schools and any payments made to	60147
school districts under division ~~(I)~~(E) of section 3317.024 of the	60148
Revised Code for purposes of this section may be disbursed without	60149
submission to and approval of the controlling board.	60150

The allocation of payments for materials, equipment,	60151
textbooks, electronic textbooks, health services, and remedial	60152
services to city, local, and exempted village school districts	60153
shall be on the basis of the state board of education's estimated	60154
annual average daily membership in nonpublic elementary and high	60155
schools located in the district.	60156

Payments made to city, local, and exempted village school	60157
districts under this section shall be equal to specific	60158
appropriations made for the purpose. All interest earned by a	60159
school district on such payments shall be used by the district for	60160
the same purposes and in the same manner as the payments may be	60161
used.	60162

The department of education shall adopt guidelines and	60163
procedures under which such programs and services shall be	60164
provided, under which districts shall be reimbursed for	60165
administrative costs incurred in providing such programs and	60166
services, and under which any unexpended balance of the amounts	60167
appropriated by the general assembly to implement this section may	60168
be transferred to the auxiliary services personnel unemployment	60169
compensation fund established pursuant to section 4141.47 of the	60170
Revised Code. The department shall also adopt guidelines and	60171
procedures limiting the purchase and loan of the items described	60172
in division (K) of this section to items that are in general use	60173
in the public schools of the state, that are incapable of	60174
diversion to religious use, and that are susceptible to individual	60175
use rather than classroom use. Within thirty days after the end of	60176
each biennium, each board of education shall remit to the	60177
department all moneys paid to it under division ~~(I)~~(E) of section	60178
3317.024 of the Revised Code and any interest earned on those	60179
moneys that are not required to pay expenses incurred under this	60180
section during the biennium for which the money was appropriated	60181
and during which the interest was earned. If a board of education	60182
subsequently determines that the remittal of moneys leaves the	60183
board with insufficient money to pay all valid expenses incurred	60184
under this section during the biennium for which the remitted	60185
money was appropriated, the board may apply to the department of	60186
education for a refund of money, not to exceed the amount of the	60187
insufficiency. If the department determines the expenses were	60188
lawfully incurred and would have been lawful expenditures of the	60189
refunded money, it shall certify its determination and the amount	60190
of the refund to be made to the director of job and family	60191
services who shall make a refund as provided in section 4141.47 of	60192
the Revised Code.	60193

Each school district shall label materials, equipment,	60194
computer hardware or software, textbooks, and electronic textbooks	60195
purchased or leased for loan to a nonpublic school under this	60196
section, acknowledging that they were purchased or leased with	60197
state funds under this section. However, a district need not label	60198
materials, equipment, computer hardware or software, textbooks, or	60199
electronic textbooks that the district determines are consumable	60200
in nature or have a value of less than two hundred dollars.	60201

Sec. 3317.061. The superintendent of each school district,	60202
including each cooperative education and joint vocational school	60203
district and the superintendent of each educational service	60204
center, shall, on forms prescribed and furnished by the state	60205
board of education, certify to the state board of education, on or	60206
before the fifteenth day of October of each year, the name of each	60207
licensed employee employed, on an annual salary, in each school	60208
under such superintendent's supervision during the first full	60209
school week of said month of October, the number of years of	60210
recognized college training such licensed employee has completed,	60211
the college degrees from a recognized college earned by such	60212
licensed employee, the type of teaching license held by such	60213
licensed employee, the number of months such licensed employee is	60214
employed in the school district, the annual salary of such	60215
licensed employee, and such other information as the state board	60216
of education may request. For the purposes of ~~Chapters 3306. and~~	60217
Chapter 3317. of the Revised Code, a licensed employee is any	60218
employee in a position that requires a license issued pursuant to	60219
sections 3319.22 to 3319.31 of the Revised Code.	60220

Pursuant to standards adopted by the state board of	60221
education, experience of vocational teachers in trade and industry	60222
shall be recognized by such board for the purpose of complying	60223
with the requirements of recognized college training provided by	60224
~~Chapters 3306. and~~Chapter 3317. of the Revised Code.	60225

Sec. 3317.07. ~~The state board of education shall establish~~	60226
~~rules for the purpose of distributing subsidies for the purchase~~	60227
~~of school buses under division (D) of section 3317.024 of the~~	60228
~~Revised Code.~~	60229

~~No school bus subsidy payments shall be paid to any district~~	60230
~~unless such district can demonstrate that pupils residing more~~	60231
~~than one mile from the school could not be transported without~~	60232
~~such additional aid.~~	60233

~~The amount paid to a county DD board for buses purchased for~~	60234
~~transportation of children in special education programs operated~~	60235
~~by the board shall be based on a per pupil allocation for eligible~~	60236
~~students.~~	60237

~~The amount paid to a school district for buses purchased for~~	60238
~~transportation of pupils with disabilities and nonpublic school~~	60239
~~pupils shall be determined by a per pupil allocation based on the~~	60240
~~number of special education and nonpublic school pupils for whom~~	60241
~~transportation is provided.~~	60242

~~The state board of education shall adopt a formula to~~	60243
~~determine the amount of payments that shall be distributed to~~	60244
~~school districts to purchase school buses for pupils other than~~	60245
~~pupils with disabilities or nonpublic school pupils.~~	60246

~~If any district or county DD board obtains bus services for~~	60247
~~pupil transportation pursuant to a contract, such district or~~	60248
~~board may use payments received under this section to defray the~~	60249
~~costs of contracting for bus services in lieu of for purchasing~~	60250
~~buses.~~	60251

If the department of education determines that a county DD	60252
board no longer needs a school bus because the board no longer	60253
transports children to a special education program operated by the	60254
board, or if the department determines that a school district no	60255
longer needs a school bus to transport pupils to a nonpublic	60256
school or special education program, the department may reassign a	60257
bus that was funded with payments provided pursuant to the version	60258
of this section in effect prior to the effective date of this	60259
amendment for the purpose of transporting such pupils. The	60260
department may reassign a bus to a county DD board or school	60261
district that transports children to a special education program	60262
designated in the children's individualized education plans, or to	60263
a school district that transports pupils to a nonpublic school,	60264
and needs an additional school bus.	60265

Sec. 3317.08. A board of education may admit to its schools	60266
a child it is not required by section 3313.64 or 3313.65 of the	60267
Revised Code to admit, if tuition is paid for the child.	60268

Unless otherwise provided by law, tuition shall be computed	60269
in accordance with this section. A district's tuition charge for a	60270
school year shall be one of the following:	60271

(A) For any child, except a preschool child with a disability	60272
described in division (B) of this section, the quotient obtained	60273
by dividing the sum of the amounts described in divisions (A)(1)	60274
and (2) of this section by the district's formula ADM.	60275

(1) The district's total taxes charged and payable for	60276
current expenses for the tax year preceding the tax year in which	60277
the school year begins as certified under division (A)(3) of	60278
section 3317.021 of the Revised Code.	60279

(2) The district's total taxes collected for current expenses	60280
under a school district income tax adopted pursuant to section	60281
5748.03 or, 5748.08, or 5748.09 of the Revised Code that are	60282
disbursed to the district during the fiscal year, excluding any	60283
income tax receipts allocated for the project cost, debt service,	60284
or maintenance set-aside associated with a state-assisted	60285
classroom facilities project as authorized by section 3318.052 of	60286
the Revised Code. On or before the first day of June of each year,	60287
the tax commissioner shall certify the amount to be used in the	60288
calculation under this division for the next fiscal year to the	60289
department of education and the office of budget and management	60290
for each city, local, and exempted village school district that	60291
levies a school district income tax.	60292

(B) For any preschool child with a disability not included in	60293
a unit approved under division (B) of section 3317.05 of the	60294
Revised Code, an amount computed for the school year as follows:	60295

(1) For each type of special education service provided to	60296
the child for whom tuition is being calculated, determine the	60297
amount of the district's operating expenses in providing that type	60298
of service to all preschool children with disabilities not	60299
included in units approved under division (B) of section 3317.05	60300
of the Revised Code;	60301

(2) For each type of special education service for which	60302
operating expenses are determined under division (B)(1) of this	60303
section, determine the amount of such operating expenses that was	60304
paid from any state funds received under this chapter;	60305

(3) For each type of special education service for which	60306
operating expenses are determined under division (B)(1) of this	60307
section, divide the difference between the amount determined under	60308
division (B)(1) of this section and the amount determined under	60309
division (B)(2) of this section by the total number of preschool	60310
children with disabilities not included in units approved under	60311
division (B) of section 3317.05 of the Revised Code who received	60312
that type of service;	60313

(4) Determine the sum of the quotients obtained under	60314
division (B)(3) of this section for all types of special education	60315
services provided to the child for whom tuition is being	60316
calculated.	60317

The state board of education shall adopt rules defining the	60318
types of special education services and specifying the operating	60319
expenses to be used in the computation under this section.	60320

If any child for whom a tuition charge is computed under this	60321
section for any school year is enrolled in a district for only	60322
part of that school year, the amount of the district's tuition	60323
charge for the child for the school year shall be computed in	60324
proportion to the number of school days the child is enrolled in	60325
the district during the school year.	60326

Except as otherwise provided in division (J) of section	60327
3313.64 of the Revised Code, whenever a district admits a child to	60328
its schools for whom tuition computed in accordance with this	60329
section is an obligation of another school district, the amount of	60330
the tuition shall be certified by the treasurer of the board of	60331
education of the district of attendance, to the board of education	60332
of the district required to pay tuition for its approval and	60333
payment. If agreement as to the amount payable or the district	60334
required to pay the tuition cannot be reached, or the board of	60335
education of the district required to pay the tuition refuses to	60336
pay that amount, the board of education of the district of	60337
attendance shall notify the superintendent of public instruction.	60338
The superintendent shall determine the correct amount and the	60339
district required to pay the tuition and shall deduct that amount,	60340
if any, under division ~~(G)~~(D) of section 3317.023 of the Revised	60341
Code, from the district required to pay the tuition and add that	60342
amount to the amount allocated to the district attended under such	60343
division. The superintendent of public instruction shall send to	60344
the district required to pay the tuition an itemized statement	60345
showing such deductions at the time of such deduction.	60346

When a political subdivision owns and operates an airport,	60347
welfare, or correctional institution or other project or facility	60348
outside its corporate limits, the territory within which the	60349
facility is located is exempt from taxation by the school district	60350
within which such territory is located, and there are school age	60351
children residing within such territory, the political subdivision	60352
owning such tax exempt territory shall pay tuition to the district	60353
in which such children attend school. The tuition for these	60354
children shall be computed as provided for in this section.	60355

Sec. 3317.081. (A) Tuition shall be computed in accordance	60356
with this section if:	60357

(1) The tuition is required by division (C)(3)(b) of section	60358
3313.64 of the Revised Code; or	60359

(2) Neither the child nor the child's parent resides in this	60360
state and tuition is required by section 3327.06 of the Revised	60361
Code.	60362

(B) Tuition computed in accordance with this section shall	60363
equal the attendance district's tuition rate computed under	60364
section 3317.08 of the Revised Code plus the amount in state	60365
education aid that district would have received for the child	60366
~~pursuant to Chapter 3306. and sections 3317.023 and 3317.025 to~~	60367
~~3317.0211~~ of the Revised Code during the school year had the	60368
attendance district been authorized to count the child in its	60369
formula ADM for that school year under section 3317.03 of the	60370
Revised Code.	60371

Sec. 3317.082. As used in this section, "institution" means	60372
a residential facility that receives and cares for children	60373
maintained by the department of youth services and that operates a	60374
school chartered by the state board of education under section	60375
3301.16 of the Revised Code.	60376

(A) On or before the thirty-first day of each January and	60377
July, the superintendent of each institution that during the	60378
six-month period immediately preceding each January or July	60379
provided an elementary or secondary education for any child, other	60380
than a child receiving special education under section 3323.091 of	60381
the Revised Code, shall prepare and submit to the department of	60382
education, a statement for each such child indicating the child's	60383
name, any school district responsible to pay tuition for the child	60384
as determined by the superintendent in accordance with division	60385
(C)(2) or (3) of section 3313.64 of the Revised Code, and the	60386
period of time during that six-month period that the child	60387
received an elementary or secondary education. If any school	60388
district is responsible to pay tuition for any such child, the	60389
department of education, no later than the immediately succeeding	60390
last day of February or August, as applicable, shall calculate the	60391
amount of the tuition of the district under section 3317.08 of the	60392
Revised Code for the period of time indicated on the statement and	60393
do one of the following:	60394

(1) If the tuition amount is equal to or less than the ~~amount~~	60395
~~of state basic aid funds payable to the district under Chapter~~	60396
~~3306. and section 3317.023 of the Revised Code~~district's state	60397
education aid, pay to the institution submitting the statement an	60398
amount equal to the tuition amount, as provided under division	60399
~~(M)~~(G) of section 3317.024 of the Revised Code, and deduct the	60400
tuition amount from the state basic aid funds payable to the	60401
district, as provided under division ~~(F)~~(C)(2) of section 3317.023	60402
of the Revised Code;	60403

(2) If the tuition amount is greater than the ~~amount of state~~	60404
~~basic aid funds payable to the district under Chapter 3306. and~~	60405
~~section 3317.023 of the Revised Code~~district's state education	60406
aid, require the district to pay to the institution submitting the	60407
statement an amount equal to the tuition amount.	60408

(B) In the case of any disagreement about the school district	60409
responsible to pay tuition for a child pursuant to this section,	60410
the superintendent of public instruction shall make the	60411
determination in any such case in accordance with division (C)(2)	60412
or (3) of section 3313.64 of the Revised Code.	60413

Sec. 3317.09. All moneys distributed to a school district,	60414
including any cooperative education or joint vocational school	60415
district and all moneys distributed to any educational service	60416
center, by the state whether from a state or federal source, shall	60417
be accounted for by the division of school finance of the	60418
department of education. All moneys distributed shall be coded as	60419
to county, school district or educational service center, source,	60420
and other pertinent information, and at the end of each month, a	60421
report of such distribution shall be made by such division of	60422
school finance to each school district and educational service	60423
center. If any board of education fails to make the report	60424
required in section 3319.33 of the Revised Code, the	60425
superintendent of public instruction shall be without authority to	60426
distribute funds to that school district or educational service	60427
center ~~pursuant to sections 3317.022 to 3317.0211, 3317.11,~~	60428
~~3317.16, 3317.17, or 3317.19 of the Revised Code~~under this	60429
chapter until such time as the required reports are filed with all	60430
specified officers, boards, or agencies.	60431

Sec. 3317.11. (A) As used in this section:

60432

(1) "Client school district" means a city or exempted village	60433
school district that has entered into an agreement under section	60434
3313.843 of the Revised Code to receive any services from an	60435
educational service center.	60436

(2) "Service center ADM" means the sum of the total student	60437
counts of all local school districts within an educational service	60438
center's territory and all of the service center's client school	60439
districts.	60440

(3) "STEM school" means a science, technology, engineering,	60441
and mathematics school established under Chapter 3326. of the	60442
Revised Code.	60443

(4) "Total student count" has the same meaning as in section	60444
3301.011 of the Revised Code.	60445

(B)(1) The governing board of each educational service center	60446
shall provide supervisory services to each local school district	60447
within the service center's territory. Each city or exempted	60448
village school district that enters into an agreement under	60449
section 3313.843 of the Revised Code for a governing board to	60450
provide any services also is considered to be provided supervisory	60451
services by the governing board. Except as provided in division	60452
(B)(2) of this section, the supervisory services shall not exceed	60453
one supervisory teacher for the first fifty classroom teachers	60454
required to be employed in the districts, as calculated in the	60455
manner prescribed under former division (B) of section 3317.023	60456
of the Revised Code, as that division existed prior to the	60457
effective date of this amendment, and one for each additional one	60458
hundred required classroom teachers, as so calculated.	60459

The supervisory services shall be financed annually through	60460
supervisory units. Except as provided in division (B)(2) of this	60461
section, the number of supervisory units assigned to each district	60462
shall not exceed one unit for the first fifty classroom teachers	60463
required to be employed in the district, as calculated in the	60464
manner prescribed under former division (B) of section 3317.023	60465
of the Revised Code, as that division existed prior to the	60466
effective date of this amendment, and one for each additional one	60467
hundred required classroom teachers, as so calculated. The cost of	60468
each supervisory unit shall be the sum of:	60469

(a) The minimum salary prescribed by section 3317.13 of the	60470
Revised Code for the licensed supervisory employee of the	60471
governing board;	60472

(b) An amount equal to fifteen per cent of ~~the~~that salary	60473
~~prescribed by section 3317.13 of the Revised Code~~;	60474

(c) An allowance for necessary travel expenses, limited to	60475
the lesser of two hundred twenty-three dollars and sixteen cents	60476
per month or two thousand six hundred seventy-eight dollars per	60477
year.	60478

(2) If a majority of the boards of education, or	60479
superintendents acting on behalf of the boards, of the local and	60480
client school districts receiving services from the educational	60481
service center agree to receive additional supervisory services	60482
and to pay the cost of a corresponding number of supervisory units	60483
in excess of the services and units specified in division (B)(1)	60484
of this section, the service center shall provide the additional	60485
services as agreed to by the majority of districts to, and the	60486
department of education shall apportion the cost of the	60487
corresponding number of additional supervisory units pursuant to	60488
division (B)(3) of this section among, all of the service center's	60489
local and client school districts.	60490

(3) The department shall apportion the total cost for all	60491
supervisory units among the service center's local and client	60492
school districts based on each district's total student count. The	60493
department shall deduct each district's apportioned share pursuant	60494
to division ~~(E)~~(B) of section 3317.023 of the Revised Code and pay	60495
the apportioned share to the service center.	60496

(C) The department annually shall deduct from each local and	60497
client school district of each educational service center,	60498
pursuant to division ~~(E)~~(B) of section 3317.023 of the Revised	60499
Code, and pay to the service center an amount equal to six dollars	60500
and fifty cents times the school district's total student count.	60501
The board of education, or the superintendent acting on behalf of	60502
the board, of any local or client school district may agree to pay	60503
an amount in excess of six dollars and fifty cents per student in	60504
total student count. If a majority of the boards of education, or	60505
superintendents acting on behalf of the boards, of the local	60506
school districts within a service center's territory approve an	60507
amount in excess of six dollars and fifty cents per student in	60508
total student count, the department shall deduct the approved	60509
excess per student amount from all of the local school districts	60510
within the service center's territory and pay the excess amount to	60511
the service center.	60512

(D) The department shall pay each educational service center	60513
the amounts due to it from school districts pursuant to contracts,	60514
compacts, or agreements under which the service center furnishes	60515
services to the districts or their students. In order to receive	60516
payment under this division, an educational service center shall	60517
furnish either a copy of the contract, compact, or agreement	60518
clearly indicating the amounts of the payments, or a written	60519
statement that clearly indicates the payments owed and is signed	60520
by the superintendent or treasurer of the responsible school	60521
district. The amounts paid to service centers under this division	60522
shall be deducted from payments to school districts pursuant to	60523
division ~~(K)~~(H)(3) of section 3317.023 of the Revised Code.	60524

(E) Each school district's deduction under this section and	60525
divisions ~~(E)~~(B) and ~~(K)~~(H)(3) of section 3317.023 of the Revised	60526
Code shall be made from the total payment computed for the	60527
district under this chapter, after making any other adjustments in	60528
that payment required by law.	60529

(F)(1) Except as provided in division (F)(2) of this section,	60530
the department annually shall pay the governing board of each	60531
educational service center state funds equal to thirty-seven	60532
dollars times its service center ADM.	60533

(2) The department annually shall pay state funds equal to	60534
forty dollars and fifty-two cents times the service center ADM to	60535
each educational service center comprising territory that was	60536
included in the territory of at least three former service centers	60537
or county school districts, which former centers or districts	60538
engaged in one or more mergers under section 3311.053 of the	60539
Revised Code to form the present center.	60540

(G) Each city, exempted village, local, joint vocational, or	60541
cooperative education school district shall pay to the governing	60542
board of an educational service center any amounts agreed to for	60543
each child enrolled in the district who receives special education	60544
and related services or career-technical education from the	60545
educational service center, unless these educational services are	60546
provided pursuant to a contract, compact, or agreement for which	60547
the department deducts and transfers payments under division (D)	60548
of this section and division ~~(K)~~(H)(3) of section 3317.023 of the	60549
Revised Code.	60550

(H) The department annually shall pay the governing board of	60551
each educational service center that has entered into a contract	60552
with a STEM school for the provision of services described in	60553
division (B) of section 3326.45 of the Revised Code state funds	60554
equal to the per-pupil amount specified in the contract for the	60555
provision of those services times the number of students enrolled	60556
in the STEM school.	60557

(I) An educational service center:

60558

(1) May provide special education and career-technical	60559
education to students in its local or client school districts;	60560

(2) Is eligible for transportation funding under division	60561
~~(G)~~(C) of section 3317.024 of the Revised Code ~~and for state~~	60562
~~subsidies for the purchase of school buses under section 3317.07~~	60563
~~of the Revised Code~~;	60564

(3) May apply for and receive gifted education units and	60565
provide gifted education services to students in its local or	60566
client school districts;	60567

(4) May conduct driver education for high school students in	60568
accordance with Chapter 4508. of the Revised Code.	60569

Sec. 3317.12. Any board of education participating in funds	60570
distributed under ~~Chapters 3306. and~~Chapter 3317. of the Revised	60571
Code shall annually adopt a salary schedule for nonteaching school	60572
employees based upon training, experience, and qualifications with	60573
initial salaries no less than the salaries in effect on October	60574
13, 1967. Each board of education shall prepare and may amend from	60575
time to time, specifications descriptive of duties,	60576
responsibilities, requirements, and desirable qualifications of	60577
the classifications of employees required to perform the duties	60578
specified in the salary schedule. All nonteaching school employees	60579
are to be notified of the position classification to which they	60580
are assigned and the salary for the classification. The	60581
compensation of all employees working for a particular school	60582
board shall be uniform for like positions except as compensation	60583
would be affected by salary increments based upon length of	60584
service.	60585

On the fifteenth day of October each year the salary schedule	60586
and the list of job classifications and salaries in effect on that	60587
date shall be filed by each board of education with the	60588
superintendent of public instruction. If such salary schedule and	60589
classification plan is not filed the superintendent of public	60590
instruction shall order the board to file such schedules	60591
forthwith. If this condition is not corrected within ten days	60592
after receipt of the order from the superintendent of public	60593
instruction, no money shall be distributed to the district under	60594
~~Chapters 3306. and~~Chapter 3317. of the Revised Code until the	60595
superintendent has satisfactory evidence of the board of	60596
education's full compliance with such order.	60597

Sec. 3317.14. Any school district board of education or	60598
educational service center governing board participating in funds	60599
distributed under Chapter 3317. of the Revised Code shall annually	60600
adopt a teachers' salary schedule with provision for increments	60601
based upon training and years of service. Notwithstanding sections	60602
3317.13 and 3319.088 of the Revised Code, the board may establish	60603
its own service requirements and may grant service credit for such	60604
activities as teaching in public or nonpublic schools in this	60605
state or in another state, for service as an educational assistant	60606
other than as a classroom aide employed in accordance with section	60607
5107.541 of the Revised Code, and for service in the military or	60608
in an appropriate state or federal governmental agency, provided	60609
no teacher receives less than the amount required to be paid	60610
pursuant to section 3317.13 of the Revised Code and provided full	60611
credit for a minimum of five years of actual teaching and military	60612
experience as defined in division (A) of section 3317.13 of the	60613
Revised Code is given to each teacher.	60614

On the fifteenth day of October of each year ~~the salary~~	60615
~~schedule in effect on that date in each school district and each~~	60616
~~educational service center shall be filed with the superintendent~~	60617
~~of public instruction. A~~, a copy of ~~such~~the salary schedule in	60618
effect on that date shall ~~also annually~~ be filed by the board of	60619
education of each local school district with the educational	60620
service center superintendent, who thereupon shall certify to the	60621
treasurer of such local district the correct salary to be paid to	60622
each teacher in accordance with the adopted schedule.	60623

Each teacher who has completed training which would qualify	60624
such teacher for a higher salary bracket pursuant to this section	60625
shall file by the fifteenth day of September with the treasurer of	60626
the board of education or educational service center satisfactory	60627
evidence of the completion of such additional training. The	60628
treasurer shall then immediately place the teacher, pursuant to	60629
this section and section 3317.13 of the Revised Code, in the	60630
proper salary bracket in accordance with training and years of	60631
service before certifying such salary, training, and years of	60632
service to the superintendent of public instruction. No teacher	60633
shall be paid less than the salary to which such teacher is	60634
entitled pursuant to section 3317.13 of the Revised Code.	60635

Sec. 3317.141. The board of education of any city, exempted	60636
village, local, or joint vocational school district that is the	60637
recipient of moneys from a grant awarded under the federal race to	60638
the top program, Division (A), Title XIV, Sections 14005 and 14006	60639
of the "American Recovery and Reinvestment Act of 2009," Pub. L.	60640
No. 111-5, 123 Stat. 115, shall comply with this section in	60641
accordance with the timeline contained in the board's scope of	60642
work, as approved by the superintendent of public instruction, and	60643
shall not be subject to sections 3317.13 and 3317.14 of the	60644
Revised Code. The board of education of any other school district,	60645
and the governing board of each educational service center, shall	60646
comply with either this section or sections 3317.13 and 3317.14 of	60647
the Revised Code.	60648

(A) The board annually shall adopt a salary schedule for	60649
teachers based upon performance as described in division (B) of	60650
this section.	60651

(B) For purposes of the schedule, a board shall measure a	60652
teacher's performance by considering all of the following:	60653

(1) The level of license issued under section 3319.22 of the	60654
Revised Code that the teacher holds;	60655

(2) Whether the teacher is a highly qualified teacher, as	60656
defined in section 3319.074 of the Revised Code;	60657

(3) Ratings received by the teacher on performance	60658
evaluations conducted under section 3319.111 of the Revised Code.	60659

(C) The schedule shall provide for annual adjustments based	60660
on performance on the evaluations conducted under section 3319.111	60661
of the Revised Code. The annual performance-based adjustment for a	60662
teacher rated as accomplished shall be greater than the annual	60663
performance-based adjustment for a teacher rated as proficient.	60664

(D) The salary schedule adopted under this section may	60665
provide for additional compensation for teachers who agree to	60666
perform duties, not contracted for under a supplemental contract,	60667
that the employing board determines warrant additional	60668
compensation. Those duties may include, but are not limited to,	60669
assignment to a school building eligible for funding under Title I	60670
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	60671
6301 et seq.; assignment to a building in "school improvement"	60672
status under the "No Child Left Behind Act of 2001," as defined in	60673
section 3302.01 of the Revised Code; teaching in a grade level or	60674
subject area in which the board has determined there is a shortage	60675
within the district or service center; or assignment to a	60676
hard-to-staff school, as determined by the board.	60677

Sec. 3317.16. (A) As used in this section:

60678

(1) The "total special education weight" for a joint	60679
vocational school district shall be calculated in the same manner	60680
as prescribed in section 3317.022 of the Revised Code.	60681

(2) The "total vocational education weight" for a joint	60682
vocational school district shall be calculated in the same manner	60683
as prescribed in section 3317.022 of the Revised Code.	60684

(3) The "total recognized valuation" of a joint vocational	60685
school district shall be determined by adding the recognized	60686
valuations of all its constituent school districts that were	60687
subject to the joint vocational school district's tax levies for	60688
both the current and preceding tax years.	60689

(4) "Resident district" means the city, local, or exempted	60690
village school district in which a student is entitled to attend	60691
school under section 3313.64 or 3313.65 of the Revised Code.	60692

(5) "Community school" means a community school established	60693
under Chapter 3314. of the Revised Code.	60694

(B) The department of education shall compute and distribute	60695
state base cost funding to each joint vocational school district	60696
for the fiscal year in accordance with the following formula:	60697

(formula amount X formula ADM) -	60698

(.0005 X total recognized valuation)	60699

If the difference obtained under this division is a negative	60700
number, the district's computation shall be zero.	60701

(C)(1) The department shall compute and distribute state	60702
vocational education additional weighted costs funds to each joint	60703
vocational school district in accordance with the following	60704
formula:	60705

state share percentage X formula amount X	60706

total vocational education weight	60707

In each fiscal year, a joint vocational school district	60708
receiving funds under division (C)(1) of this section shall spend	60709
those funds only for the purposes the department designates as	60710
approved for vocational education expenses. Vocational educational	60711
expenses approved by the department shall include only expenses	60712
connected to the delivery of career-technical programming to	60713
career-technical students. The department shall require the joint	60714
vocational school district to report data annually so that the	60715
department may monitor the district's compliance with the	60716
requirements regarding the manner in which funding received under	60717
division (C)(1) of this section may be spent.	60718

(2) The department shall compute for each joint vocational	60719
school district state funds for vocational education associated	60720
services costs in accordance with the following formula:	60721

state share percentage X .05 X	60722

the formula amount X the sum of	60723

categories one and two vocational	60724

education ADM	60725

In any fiscal year, a joint vocational school district	60726
receiving funds under division (C)(2) of this section, or through	60727
a transfer of funds pursuant to division ~~(L)~~(I) of section	60728
3317.023 of the Revised Code, shall spend those funds only for the	60729
purposes that the department designates as approved for vocational	60730
education associated services expenses, which may include such	60731
purposes as apprenticeship coordinators, coordinators for other	60732
vocational education services, vocational evaluation, and other	60733
purposes designated by the department. The department may deny	60734
payment under division (C)(2) of this section to any district that	60735
the department determines is not operating those services or is	60736
using funds paid under division (C)(2) of this section, or through	60737
a transfer of funds pursuant to division ~~(L)~~(I) of section	60738
3317.023 of the Revised Code, for other purposes.	60739

(D)(1) The department shall compute and distribute state	60740
special education and related services additional weighted costs	60741
funds to each joint vocational school district in accordance with	60742
the following formula:	60743

state share percentage X formula amount X	60744

total special education weight	60745

(2)(a) As used in this division, the "personnel allowance"	60746
means thirty thousand dollars in fiscal years 2008 and 2009.	60747

(b) For the provision of speech language pathology services	60748
to students, including students who do not have individualized	60749
education programs prepared for them under Chapter 3323. of the	60750
Revised Code, and for no other purpose, the department shall pay	60751
each joint vocational school district an amount calculated under	60752
the following formula:	60753

(formula ADM divided by 2000) X the personnel	60754

allowance X state share percentage	60755

(3) In any fiscal year, a joint vocational school district	60756
shall spend for purposes that the department designates as	60757
approved for special education and related services expenses at	60758
least the amount calculated as follows:	60759

(formula amount X	60760

the sum of categories one through	60761

six special education ADM) +	60762

(total special education weight X	60763

formula amount)	60764

The purposes approved by the department for special education	60765
expenses shall include, but shall not be limited to, compliance	60766
with state rules governing the education of children with	60767
disabilities, providing services identified in a student's	60768
individualized education program as defined in section 3323.01 of	60769
the Revised Code, provision of speech language pathology services,	60770
and the portion of the district's overall administrative and	60771
overhead costs that are attributable to the district's special	60772
education student population.	60773

The department shall require joint vocational school	60774
districts to report data annually to allow for monitoring	60775
compliance with division (D)(3) of this section. The department	60776
shall annually report to the governor and the general assembly the	60777
amount of money spent by each joint vocational school district for	60778
special education and related services.	60779

(4) In any fiscal year, a joint vocational school district	60780
shall spend for the provision of speech language pathology	60781
services not less than the sum of the amount calculated under	60782
division (D)(1) of this section for the students in the district's	60783
category one special education ADM and the amount calculated under	60784
division (D)(2) of this section.	60785

(E)(1) If a joint vocational school district's costs for a	60786
fiscal year for a student in its categories two through six	60787
special education ADM exceed the threshold catastrophic cost for	60788
serving the student, as specified in division (C)(3)(b) of section	60789
3317.022 of the Revised Code, the district may submit to the	60790
superintendent of public instruction documentation, as prescribed	60791
by the superintendent, of all of its costs for that student. Upon	60792
submission of documentation for a student of the type and in the	60793
manner prescribed, the department shall pay to the district an	60794
amount equal to the sum of the following:	60795

(a) One-half of the district's costs for the student in	60796
excess of the threshold catastrophic cost;	60797

(b) The product of one-half of the district's costs for the	60798
student in excess of the threshold catastrophic cost multiplied by	60799
the district's state share percentage.	60800

(2) The district shall only report under division (E)(1) of	60801
this section, and the department shall only pay for, the costs of	60802
educational expenses and the related services provided to the	60803
student in accordance with the student's individualized education	60804
program. Any legal fees, court costs, or other costs associated	60805
with any cause of action relating to the student may not be	60806
included in the amount.	60807

(F) Each fiscal year, the department shall pay each joint	60808
vocational school district an amount for adult technical and	60809
vocational education and specialized consultants.	60810

(G)(1) A joint vocational school district's local share of	60811
special education and related services additional weighted costs	60812
equals:	60813

(1 - state share percentage) X	60814

Total special education weight X	60815

~~the formula amount~~ $5,732	60816

(2) For each student with a disability receiving special	60817
education and related services under an individualized education	60818
program, as defined in section 3323.01 of the Revised Code, at a	60819
joint vocational district, the resident district or, if the	60820
student is enrolled in a community school, the community school	60821
shall be responsible for the amount of any costs of providing	60822
those special education and related services to that student that	60823
exceed the sum of the amount calculated for those services	60824
attributable to that student under divisions (B), (D), (E), and	60825
(G)(1) of this section.	60826

Those excess costs shall be calculated by subtracting the sum	60827
of the following from the actual cost to provide special education	60828
and related services to the student:	60829

(a) The formula amount;

60830

(b) The product of ~~the formula amount~~$5,732 times the	60831
applicable multiple specified in section ~~3306.11~~3317.013 of the	60832
Revised Code as that section existed prior to the effective date	60833
of this amendment;	60834

(c) Any funds paid under division (E) of this section for the	60835
student;	60836

(d) Any other funds received by the joint vocational school	60837
district under this chapter to provide special education and	60838
related services to the student, not including the amount	60839
calculated under division (G)(2) of this section.	60840

(3) The board of education of the joint vocational school	60841
district may report the excess costs calculated under division	60842
(G)(2) of this section to the department of education.	60843

(4) If the board of education of the joint vocational school	60844
district reports excess costs under division (G)(3) of this	60845
section, the department shall pay the amount of excess cost	60846
calculated under division (G)(2) of this section to the joint	60847
vocational school district and shall deduct that amount as	60848
provided in division (G)(4)(a) or (b) of this section, as	60849
applicable:	60850

(a) If the student is not enrolled in a community school, the	60851
department shall deduct the amount from the account of the	60852
student's resident district pursuant to division ~~(M)~~(J) of section	60853
3317.023 of the Revised Code.	60854

(b) If the student is enrolled in a community school, the	60855
department shall deduct the amount from the account of the	60856
community school pursuant to section 3314.083 of the Revised Code.	60857

Sec. 3317.18. (A) As used in this section, the terms	60858
"Chapter 133. securities," "credit enhancement facilities," "debt	60859
charges," "general obligation," "legislation," "public	60860
obligations," and "securities" have the same meanings as in	60861
section 133.01 of the Revised Code.	60862

(B) The board of education of any school district authorizing	60863
the issuance of securities under section 133.10, 133.301, or	60864
3313.372 of the Revised Code or general obligation Chapter 133.	60865
securities may adopt legislation requesting the state department	60866
of education to approve, and enter into an agreement with the	60867
school district and the primary paying agent or fiscal agent for	60868
such securities providing for, the withholding and deposit of	60869
funds, otherwise due the district under ~~Chapters 3306. and~~Chapter	60870
3317. of the Revised Code, for the payment of debt service charges	60871
on such securities.	60872

The board of education shall deliver to the state department	60873
a copy of such resolution and any additional pertinent information	60874
the state department may require.	60875

The department of education and the office of budget and	60876
management shall evaluate each request received from a school	60877
district under this section and the department, with the advice	60878
and consent of the director of budget and management, shall	60879
approve or deny each request based on all of the following:	60880

(1) Whether approval of the request will enhance the	60881
marketability of the securities for which the request is made;	60882

(2) Any other pertinent factors or limitations established in	60883
rules made under division (I) of this section, including:	60884

(a) Current and projected obligations of funds due to the	60885
requesting school district under ~~Chapters 3306. and~~Chapter 3317.	60886
of the Revised Code including obligations of those funds to public	60887
obligations or relevant credit enhancement facilities under this	60888
section, Chapter 133. and section 3313.483 of the Revised Code,	60889
and under any other similar provisions of law;	60890

(b) Whether the department of education or the office of	60891
budget and management has any reason to believe the requesting	60892
school district will be unable to pay when due the debt charges on	60893
the securities for which the request is made.	60894

The department may require a school district to establish	60895
schedules for the payment of all debt charges that take into	60896
account the amount and timing of anticipated distributions of	60897
funds to the district under Chapter 3317. of the Revised Code.	60898

(C) If the department approves the request of a school	60899
district to withhold and deposit funds pursuant to this section,	60900
the department shall enter into a written agreement with the	60901
district and the primary paying agent or fiscal agent for the	60902
securities which shall provide for the withholding of funds	60903
pursuant to this section for the payment of debt charges on those	60904
securities, and may include both of the following:	60905

(1) Provisions for certification by the district to the	60906
department, at a time prior to any date for the payment of	60907
applicable debt charges, whether the district is able to pay those	60908
debt charges when due;	60909

(2) Requirements that the district deposit amounts for the	60910
payment of debt charges on the securities with the primary paying	60911
agent or fiscal agent for the securities prior to the date on	60912
which those debt charge payments are due to the owners or holders	60913
of the securities.	60914

(D) Whenever a district notifies the department of education	60915
that it will be unable to pay debt charges when they are due,	60916
subject to the withholding provisions of this section, or whenever	60917
the applicable paying agent or fiscal agent notifies the	60918
department that it has not timely received from a school district	60919
the full amount needed for the payment when due of those debt	60920
charges to the holders or owners of such securities, the	60921
department shall immediately contact the school district and the	60922
paying agent or fiscal agent to confirm or determine whether the	60923
district is unable to make the required payment by the date on	60924
which it is due.	60925

Upon demand of the treasurer of state while holding a school	60926
district obligation purchased under division (G)(1) of section	60927
135.143 of the Revised Code, the state department of education,	60928
without a request of the school district, shall withhold and	60929
deposit funds pursuant to this section for payment of debt service	60930
charges on that obligation.	60931

If the department confirms or determines that the district	60932
will be unable to make such payment and payment will not be made	60933
pursuant to a credit enhancement facility, the department shall	60934
promptly pay to the applicable primary paying agent or fiscal	60935
agent the lesser of the amount due for debt charges or the amount	60936
due the district for the remainder of the fiscal year under	60937
Chapter 3317. of the Revised Code. If this amount is insufficient	60938
to pay the total amount then due the agent for the payment of debt	60939
charges, the department shall pay to the agent each fiscal year	60940
thereafter, and until the full amount due the agent for unpaid	60941
debt charges is paid in full, the lesser of the remaining amount	60942
due the agent for debt charges or the amount due the district for	60943
the fiscal year under Chapter 3317. of the Revised Code.	60944

(E) The state department may make any payments under this	60945
division by direct deposit of funds by electronic transfer.	60946

Any amount received by a paying agent or fiscal agent under	60947
this section shall be applied only to the payment of debt charges	60948
on the securities of the school district subject to this section	60949
or to the reimbursement to the provider of a credit enhancement	60950
facility that has paid such debt charges.	60951

(F) To the extent a school district whose securities are	60952
subject to this section is unable to pay applicable debt charges	60953
because of the failure to collect property taxes levied for the	60954
payment of those debt charges, the district may transfer to or	60955
deposit into any fund that would have received payments under	60956
~~3306. or~~Chapter 3317. of the Revised Code that were withheld	60957
under this section any such delinquent property taxes when later	60958
collected, provided that transfer or deposit shall be limited to	60959
the amounts withheld from that fund under this section.	60960

(G) The department may make payments under this section to	60961
paying agents or fiscal agents only from and to the extent that	60962
money is appropriated by the general assembly for Chapter 3317. of	60963
the Revised Code or for the purposes of this section. No	60964
securities of a school district to which this section is made	60965
applicable constitute an obligation or a debt or a pledge of the	60966
faith, credit, or taxing power of the state, and the holders or	60967
owners of such securities have no right to have taxes levied or	60968
appropriations made by the general assembly for the payment of	60969
debt charges on those securities, and those securities, if the	60970
department requires, shall contain a statement to that effect. The	60971
agreement for or the actual withholding and payment of moneys	60972
under this section does not constitute the assumption by the state	60973
of any debt of a school district.	60974

(H) In the case of securities subject to the withholding	60975
provisions of this section, the issuing board of education shall	60976
appoint a paying agent or fiscal agent who is not an officer or	60977
employee of the school district.	60978

(I) The department of education, with the advice of the	60979
office of budget and management, may adopt reasonable rules not	60980
inconsistent with this section for the implementation of this	60981
section and division (B) of section 133.25 of the Revised Code as	60982
it relates to the withholding and depositing of payments under	60983
~~Chapters 3306. and~~Chapter 3317. of the Revised Code to secure	60984
payment of debt charges on school district securities. Those rules	60985
shall include criteria for the evaluation and approval or denial	60986
of school district requests for withholding under this section and	60987
limits on the obligation for the purpose of paying debt charges or	60988
reimbursing credit enhancement facilities of funds otherwise to be	60989
paid to school districts under Chapter 3317. of the Revised Code.	60990

(J) The authority granted by this section is in addition to	60991
and not a limitation on any other authorizations granted by or	60992
pursuant to law for the same or similar purposes.	60993

Sec. 3317.19. (A) As used in this section, "total unit	60994
allowance" means an amount equal to the sum of the following:	60995

(1) The total of the salary allowances for the teachers	60996
employed in the cooperative education school district for all	60997
units approved under division (B) or (C) of section 3317.05 of the	60998
Revised Code. The salary allowance for each unit shall equal the	60999
minimum salary for the teacher of the unit calculated on the basis	61000
of the teacher's training level and years of experience pursuant	61001
to the salary schedule prescribed in the version of section	61002
3317.13 of the Revised Code in effect prior to July 1, 2001.	61003

(2) Fifteen per cent of the total computed under division	61004
(A)(1) of this section;	61005

(3) The total of the unit operating allowances for all	61006
approved units. The amount of each allowance shall equal one of	61007
the following:	61008

(a) Eight thousand twenty-three dollars times the number of	61009
units for preschool children with disabilities or fraction thereof	61010
approved for the year under division (B) of section 3317.05 of the	61011
Revised Code;	61012

(b) Two thousand one hundred thirty-two dollars times the	61013
number of units or fraction thereof approved for the year under	61014
division (C) of section 3317.05 of the Revised Code.	61015

(B) The state board of education shall compute and distribute	61016
to each cooperative education school district for each fiscal year	61017
an amount equal to the sum of the following:	61018

(1) An amount equal to the total of the amounts credited to	61019
the cooperative education school district pursuant to division	61020
~~(K)~~(H) of section 3317.023 of the Revised Code;	61021

(2) The total unit allowance;

61022

(3) An amount for assisting in providing free lunches to	61023
needy children ~~and an amount for assisting needy school districts~~	61024
~~in purchasing necessary equipment for food preparation~~ pursuant to	61025
division ~~(H)~~(D) of section 3317.024 of the Revised Code.	61026

(C) If a cooperative education school district has had	61027
additional special education units approved for the year under	61028
division (F)(2) of section 3317.03 of the Revised Code, the	61029
district shall receive an additional amount during the last half	61030
of the fiscal year. For each unit, the additional amount shall	61031
equal fifty per cent of the amount computed under division (A) of	61032
this section for a unit approved under division (B) of section	61033
3317.05 of the Revised Code.	61034

Sec. 3317.20. This section does not apply to preschool	61035
children with disabilities.	61036

(A) As used in this section:

61037

(1) "Applicable weight" means the multiple specified in	61038
section ~~3306.11~~3317.013 of the Revised Code for a disability	61039
described in that section.	61040

(2) "Child's school district" means the school district in	61041
which a child is entitled to attend school pursuant to section	61042
3313.64 or 3313.65 of the Revised Code.	61043

(3) "State share percentage" means the state share percentage	61044
of the child's school district.	61045

(B) Except as provided in division (C) of this section, the	61046
department shall annually pay each county DD board for each child	61047
with a disability, other than a preschool child with a disability,	61048
for whom the county DD board provides special education and	61049
related services an amount equal to the formula amount + (state	61050
share percentage X formula amount X the applicable weight).	61051

(C) If any school district places with a county DD board more	61052
children with disabilities than it had placed with a county DD	61053
board in fiscal year 1998, the department shall not make a payment	61054
under division (B) of this section for the number of children	61055
exceeding the number placed in fiscal year 1998. The department	61056
instead shall deduct from the district's payments under this	61057
chapter ~~and Chapter 3306. of the Revised Code~~, and pay to the	61058
county DD board, an amount calculated in accordance with the	61059
formula prescribed in division (B) of this section for each child	61060
over the number of children placed in fiscal year 1998.	61061

(D) The department shall calculate for each county DD board	61062
receiving payments under divisions (B) and (C) of this section the	61063
following amounts:	61064

(1) The amount received by the county DD board for approved	61065
special education and related services units, other than units for	61066
preschool children with disabilities, in fiscal year 1998, divided	61067
by the total number of children served in the units that year;	61068

(2) The product of the quotient calculated under division	61069
(D)(1) of this section times the number of children for whom	61070
payments are made under divisions (B) and (C) of this section.	61071

If the amount calculated under division (D)(2) of this	61072
section is greater than the total amount calculated under	61073
divisions (B) and (C) of this section, the department shall pay	61074
the county DD board one hundred per cent of the difference in	61075
addition to the payments under divisions (B) and (C) of this	61076
section.	61077

(E) Each county DD board shall report to the department, in	61078
the manner specified by the department, the name of each child for	61079
whom the county DD board provides special education and related	61080
services and the child's school district.	61081

(F)(1) For the purpose of verifying the accuracy of the	61082
payments under this section, the department may request from	61083
either of the following entities the data verification code	61084
assigned under division (D)(2) of section 3301.0714 of the Revised	61085
Code to any child who is placed with a county DD board:	61086

(a) The child's school district;

61087

(b) The independent contractor engaged to create and maintain	61088
data verification codes.	61089

(2) Upon a request by the department under division (F)(1) of	61090
this section for the data verification code of a child, the	61091
child's school district shall submit that code to the department	61092
in the manner specified by the department. If the child has not	61093
been assigned a code, the district shall assign a code to that	61094
child and submit the code to the department by a date specified by	61095
the department. If the district does not assign a code to the	61096
child by the specified date, the department shall assign a code to	61097
the child.	61098

The department annually shall submit to each school district	61099
the name and data verification code of each child residing in the	61100
district for whom the department has assigned a code under this	61101
division.	61102

(3) The department shall not release any data verification	61103
code that it receives under division (F) of this section to any	61104
person except as provided by law.	61105

(G) Any document relative to special education and related	61106
services provided by a county DD board that the department holds	61107
in its files that contains both a student's name or other	61108
personally identifiable information and the student's data	61109
verification code shall not be a public record under section	61110
149.43 of the Revised Code.	61111

Sec. 3317.201. This section does not apply to preschool	61112
children with disabilities.	61113

(A) As used in this section, the "total special education	61114
weight" for an institution means the sum of the following amounts:	61115

(1) The number of children reported by the institution under	61116
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	61117
receiving services for a disability described in division	61118
~~(D)(1)~~(A) of section ~~3306.02~~3317.013 of the Revised Code	61119
multiplied by the multiple specified in that division;	61120

(2) The number of children reported by the institution under	61121
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	61122
receiving services for a disability described in division	61123
~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the Revised Code	61124
multiplied by the multiple specified in that division;	61125

(3) The number of children reported by the institution under	61126
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	61127
receiving services for a disability described in division	61128
~~(D)(3)~~(C) of section ~~3306.02~~3317.013 of the Revised Code	61129
multiplied by the multiple specified in that division;	61130

(4) The number of children reported by the institution under	61131
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	61132
receiving services for a disability described in division (D)~~(4)~~	61133
of section ~~3306.02~~3317.013 of the Revised Code multiplied by the	61134
multiple specified in that division;	61135

(5) The number of children reported by the institution under	61136
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	61137
receiving services for a disability described in division	61138
~~(D)(5)~~(E) of section ~~3306.02~~3317.013 of the Revised Code	61139
multiplied by the multiple specified in that division;	61140

(6) The number of children reported by the institution under	61141
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	61142
receiving services for a disability described in division	61143
~~(D)(6)~~(F) of section ~~3306.02~~3317.013 of the Revised Code	61144
multiplied by the multiple specified in that division.	61145

(B) For each fiscal year, the department of education shall	61146
pay each state institution required to provide special education	61147
services under division (A) of section 3323.091 of the Revised	61148
Code an amount equal to the greater of:	61149

(1) The formula amount times the institution's total special	61150
education weight;	61151

(2) The aggregate amount of special education and related	61152
services unit funding the institution received for all children	61153
with disabilities other than preschool children with disabilities	61154
in fiscal year 2005 under sections 3317.052 and 3317.053 of the	61155
Revised Code, as those sections existed prior to June 30, 2005.	61156

Sec. 3318.011. For purposes of providing assistance under	61157
sections 3318.01 to 3318.20 of the Revised Code, the department of	61158
education shall annually do all of the following:	61159

(A) Calculate the adjusted valuation per pupil of each city,	61160
local, and exempted village school district according to the	61161
following formula:	61162

The district's valuation per pupil -	61163

[$30,000 X (1 - the district's income factor)].	61164

For purposes of this calculation:

61165

(1) Except for a district with an open enrollment net gain	61166
that is ten per cent or more of its formula ADM, "valuation per	61167
pupil" for a district means its average taxable value, divided by	61168
its formula ADM for the previous fiscal year. "Valuation per	61169
pupil," for a district with an open enrollment net gain that is	61170
ten per cent or more of its formula ADM, means its average taxable	61171
value, divided by the sum of its formula ADM for the previous	61172
fiscal year plus its open enrollment net gain for the previous	61173
fiscal year.	61174

(2) ~~"Average~~Except for a tangible personal property	61175
phase-out impacted district, "average taxable value" means the	61176
average of the sum of the amounts certified for a district under	61177
divisions (A)(1) and (2) of section 3317.021 of the Revised Code	61178
in the second, third, and fourth preceding fiscal years. For a	61179
tangible personal property phase-out impacted district, "average	61180
taxable value" means the average of the sum of the amounts	61181
certified for the district under division (A)(1) and as public	61182
utility personal property under division (A)(2) of section	61183
3317.021 of the Revised Code in the second, third, and fourth	61184
preceding fiscal years.	61185

(3) "Entitled to attend school" means entitled to attend	61186
school in a city, local, or exempted village school district under	61187
section 3313.64 or 3313.65 of the Revised Code.	61188

(4) "Formula ADM" and "income factor" have the same meanings	61189
as in section 3317.02 of the Revised Code.	61190

(5) "Native student" has the same meaning as in section	61191
3313.98 of the Revised Code.	61192

(6) "Open enrollment net gain" for a district means (a) the	61193
number of the students entitled to attend school in another	61194
district but who are enrolled in the schools of the district under	61195
its open enrollment policy minus (b) the number of the district's	61196
native students who are enrolled in the schools of another	61197
district under the other district's open enrollment policy, both	61198
numbers as certified to the department under section 3313.981 of	61199
the Revised Code. If the difference is a negative number, the	61200
district's "open enrollment net gain" is zero.	61201

(7) "Open enrollment policy" means an interdistrict open	61202
enrollment policy adopted under section 3313.98 of the Revised	61203
Code.	61204

(8) "Tangible personal property phase-out impacted district"	61205
means a school district for which the taxable value of its	61206
tangible personal property certified under division (A)(2) of	61207
section 3317.021 of the Revised Code for tax year 2005, excluding	61208
the taxable value of public utility personal property, made up	61209
eighteen per cent or more of its total taxable value for tax year	61210
2005 as certified under that section.	61211

(B) Calculate for each district the three-year average of the	61212
adjusted valuations per pupil calculated for the district for the	61213
current and two preceding fiscal years;	61214

(C) Rank all such districts in order of adjusted valuation	61215
per pupil from the district with the lowest three-year average	61216
adjusted valuation per pupil to the district with the highest	61217
three-year average adjusted valuation per pupil;	61218

(D) Divide such ranking into percentiles with the first	61219
percentile containing the one per cent of school districts having	61220
the lowest three-year average adjusted valuations per pupil and	61221
the one-hundredth percentile containing the one per cent of school	61222
districts having the highest three-year average adjusted	61223
valuations per pupil;	61224

(E) Determine the school districts that have three-year	61225
average adjusted valuations per pupil that are greater than the	61226
median three-year average adjusted valuation per pupil for all	61227
school districts in the state;	61228

(F) On or before the first day of September, certify the	61229
information described in divisions (A) to (E) of this section to	61230
the Ohio school facilities commission.	61231

Sec. 3318.032. (A) Except as otherwise provided in divisions	61232
(C) and (D) of this section, the portion of the basic project cost	61233
supplied by the school district shall be the greater of:	61234

(1) The required percentage of the basic project costs;

61235

(2)(a) For all districts except a district that opts to	61236
divide its entire classroom facilities needs into segments to be	61237
completed separately as authorized by section 3318.034 of the	61238
Revised Code, an amount necessary to raise the school district's	61239
net bonded indebtedness, as of the date the controlling board	61240
approved the project, to within five thousand dollars of the	61241
required level of indebtedness;	61242

(b) For a district that opts to divide its entire classroom	61243
facilities needs into segments to be completed separately as	61244
authorized by section 3318.034 of the Revised Code, an amount	61245
necessary to raise the school district's net bonded indebtedness,	61246
as of the date the controlling board approved the project, to	61247
within five thousand dollars of the following:	61248

The required level of indebtedness X (the basic	61249

project cost of the segment as approved	61250

by the controlling board / the estimated basic	61251

project cost of the district's entire classroom facilities	61252

needs as determined jointly by the staff of the Ohio	61253

school facilities commission and the district)	61254

(B) The amount of the district's share determined under this	61255
section shall be calculated only as of the date the controlling	61256
board approved the project, and that amount applies throughout the	61257
~~one-year~~thirteen-month period permitted under section 3318.05 of	61258
the Revised Code for the district's electors to approve the	61259
propositions described in that section. If the amount reserved and	61260
encumbered for a project is released because the electors do not	61261
approve those propositions within that ~~year~~period, and the school	61262
district later receives the controlling board's approval for the	61263
project, subject to a new project scope and estimated costs under	61264
section 3318.054 of the Revised Code, the district's portion shall	61265
be recalculated in accordance with this section as of the date of	61266
the controlling board's subsequent approval.	61267

(C) At no time shall a school district's portion of the basic	61268
project cost be greater than ninety-five per cent of the total	61269
basic project cost.	61270

(D) If the controlling board approves a project under	61271
sections 3318.01 to 3318.20 of the Revised Code for a school	61272
district that previously received assistance under those sections	61273
or section 3318.37 of the Revised Code within the twenty-year	61274
period prior to the date on which the controlling board approves	61275
the new project, the district's portion of the basic project cost	61276
for the new project shall be the lesser of the following:	61277

(1) The portion calculated under division (A) of this	61278
section;	61279

(2) The greater of the following:

61280

(a) The required percentage of the basic project costs for	61281
the new project;	61282

(b) The percentage of the basic project cost paid by the	61283
district for the previous project.	61284

Sec. 3318.034. (A) This section applies to both of the	61285
following:	61286

(1) Any school district that has not executed an agreement	61287
for a project under sections 3318.01 to 3318.20 of the Revised	61288
Code prior to ~~the effective date of this section~~June 24, 2008;	61289

(2) Any school district that is eligible for additional	61290
assistance under sections 3318.01 to 3318.20 of the Revised Code	61291
pursuant to division (B)(2) of section 3318.04 of the Revised	61292
Code.	61293

Notwithstanding any provision of this chapter to the	61294
contrary, with the approval of the Ohio school facilities	61295
commission, any school district to which this section applies may	61296
opt to divide the district's entire classroom facilities needs, as	61297
those needs are jointly determined by the staff of the commission	61298
and the school district, into discrete segments and shall comply	61299
with all of the provisions of those sections unless otherwise	61300
provided in this section.	61301

(B) ~~Each~~Except as provided in division (C) of this section,	61302
each segment shall comply with all of the following:	61303

(1) The segment shall consist of the new construction of one	61304
or more entire buildings or the complete renovation of one or more	61305
entire existing buildings, with any necessary additions to that	61306
building.	61307

(2) The segment shall not include any construction of or	61308
renovation or repair to any building that does not complete the	61309
needs of the district with respect to that particular building at	61310
the time the segment is completed.	61311

(3) The segment shall consist of new construction,	61312
renovations, additions, reconstruction, or repair of classroom	61313
facilities to the extent that the school district portion, as	61314
determined under section 3318.032 of the Revised Code, is an	61315
amount not less than the product of 0.040 times the district's	61316
valuation at the time the agreement for the segment is executed,	61317
unless the district previously has undertaken a segment under this	61318
section and the district's portion of the estimated basic project	61319
cost of the remainder of its entire classroom facilities needs, as	61320
determined jointly by the staff of the commission and the	61321
district, is less than the amount otherwise required by this	61322
division.	61323

(C) A district described in division (A)(2) of this section	61324
that has not received the additional assistance authorized under	61325
division (B)(2) of section 3318.04 of the Revised Code may	61326
undertake a segment, with commission approval, for the purpose of	61327
renovating or replacing work performed on a facility under the	61328
district's prior project. The commission may approve that segment	61329
if the commission determines that the renovation or replacement is	61330
necessary to protect the facility. The basic project cost of the	61331
segment shall be allocated between the state and the district in	61332
accordance with section 3318.032 of the Revised Code. However, the	61333
requirements of division (B) of this section shall not apply to a	61334
segment undertaken under this division.	61335

(D) The commission shall conditionally approve and seek	61336
controlling board approval in accordance with division (A) of	61337
section 3318.04 of the Revised Code of each segment.	61338

~~(D)~~(E) The school district's maintenance levy requirement, as	61339
defined in section 3318.18 of the Revised Code, shall run for	61340
twenty-three years from the date the first segment is undertaken;	61341
however, the maintenance levy requirement does not apply to a	61342
segment undertaken under division (C) of this section.	61343

Sec. 3318.05. The conditional approval of the Ohio school	61344
facilities commission for a project shall lapse and the amount	61345
reserved and encumbered for such project shall be released unless	61346
the school district board accepts such conditional approval within	61347
one hundred twenty days following the date of certification of the	61348
conditional approval to the school district board and the electors	61349
of the school district vote favorably on both of the propositions	61350
described in divisions (A) and (B) of this section within ~~one year~~	61351
thirteen months of the date of such certification, except that a	61352
school district described in division (C) of this section does not	61353
need to submit the proposition described in division (B) of this	61354
section. The propositions described in divisions (A) and (B) of	61355
this section shall be combined in a single proposal. If the	61356
district board or the district's electors fail to meet such	61357
requirements and the amount reserved and encumbered for the	61358
district's project is released, the district shall be given first	61359
priority for project funding as such funds become available,	61360
subject to section 3318.054 of the Revised Code.	61361

(A) On the question of issuing bonds of the school district	61362
board, for the school district's portion of the basic project	61363
cost, in an amount equal to the school district's portion of the	61364
basic project cost less the amount of the proceeds of any	61365
securities authorized or to be authorized under division (J) of	61366
section 133.06 of the Revised Code and dedicated by the school	61367
district board to payment of the district's portion of the basic	61368
project cost; and	61369

(B) On the question of levying a tax the proceeds of which	61370
shall be used to pay the cost of maintaining the classroom	61371
facilities included in the project. Such tax shall be at the rate	61372
of not less than one-half mill for each dollar of valuation for a	61373
period of twenty-three years, subject to any extension approved	61374
under section 3318.061 of the Revised Code.	61375

(C) If a school district has in place a tax levied under	61376
section 5705.21 of the Revised Code for general permanent	61377
improvements for a continuing period of time and the proceeds of	61378
such tax can be used for maintenance, or if a district agrees to	61379
the transfers described in section 3318.051 of the Revised Code,	61380
the school district need not levy the additional tax required	61381
under division (B) of this section, provided the school district	61382
board includes in the agreement entered into under section 3318.08	61383
of the Revised Code provisions either:	61384

(1) Earmarking an amount from the proceeds of that permanent	61385
improvement tax for maintenance of classroom facilities equivalent	61386
to the amount of the additional tax and for the equivalent number	61387
of years otherwise required under this section;	61388

(2) Requiring the transfer of money in accordance with	61389
section 3318.051 of the Revised Code.	61390

The district board subsequently may rescind the agreement to	61391
make the transfers under section 3318.051 of the Revised Code only	61392
so long as the electors of the district have approved, in	61393
accordance with section 3318.063 of the Revised Code, the levy of	61394
a tax for the maintenance of the classroom facilities acquired	61395
under the district's project and that levy continues to be	61396
collected as approved by the electors.	61397

(D) Proceeds of the tax to be used for maintenance of the	61398
classroom facilities under either division (B) or (C)(1) of this	61399
section, and transfers of money in accordance with section	61400
3318.051 of the Revised Code shall be deposited into a separate	61401
fund established by the school district for such purpose.	61402

Sec. 3318.051. (A) Any city, exempted village, or local	61403
school district that commences a project under sections 3318.01 to	61404
3318.20, 3318.36, 3318.37, or 3318.38 of the Revised Code on or	61405
after September 5, 2006, need not levy the tax otherwise required	61406
under division (B) of section 3318.05 of the Revised Code, if the	61407
district board of education adopts a resolution petitioning the	61408
Ohio school facilities commission to approve the transfer of money	61409
in accordance with this section and the commission approves that	61410
transfer. If so approved, the commission and the district board	61411
shall enter into an agreement under which the board, in each of	61412
twenty-three consecutive years beginning in the year in which the	61413
board and the commission enter into the project agreement under	61414
section 3318.08 of the Revised Code, shall transfer into the	61415
maintenance fund required by division (D) of section 3318.05 of	61416
the Revised Code not less than an amount equal to one-half mill	61417
for each dollar of the district's valuation unless and until the	61418
agreement to make those transfers is rescinded by the district	61419
board pursuant to division (F) of this section.	61420

(B) On the first day of July each year, or on an alternative	61421
date prescribed by the commission, the district treasurer shall	61422
certify to the commission and the auditor of state that the amount	61423
required for the year has been transferred. The auditor of state	61424
shall include verification of the transfer as part of any audit of	61425
the district under section 117.11 of the Revised Code. If the	61426
auditor of state finds that less than the required amount has been	61427
deposited into a district's maintenance fund, the auditor of state	61428
shall notify the district board of education in writing of that	61429
fact and require the board to deposit into the fund, within ninety	61430
days after the date of the notice, the amount by which the fund is	61431
deficient for the year. If the district board fails to demonstrate	61432
to the auditor of state's satisfaction that the board has made the	61433
deposit required in the notice, the auditor of state shall notify	61434
the department of education. At that time, the department shall	61435
withhold an amount equal to ten per cent of the district's funds	61436
calculated for the current fiscal year under ~~Chapters 3306. and~~	61437
Chapter 3317. of the Revised Code until the auditor of state	61438
notifies the department that the auditor of state is satisfied	61439
that the board has made the required transfer.	61440

(C) Money transferred to the maintenance fund shall be used	61441
for the maintenance of the facilities acquired under the	61442
district's project.	61443

(D) The transfers to the maintenance fund under this section	61444
does not affect a district's obligation to establish and maintain	61445
a capital and maintenance fund under section 3315.18 of the	61446
Revised Code.	61447

(E) Any decision by the commission to approve or not approve	61448
the transfer of money under this section is final and not subject	61449
to appeal. The commission shall not be responsible for errors or	61450
miscalculations made in deciding whether to approve a petition to	61451
make transfers under this section.	61452

(F) If the district board determines that it no longer can	61453
continue making the transfers agreed to under this section, the	61454
board may rescind the agreement only so long as the electors of	61455
the district have approved, in accordance with section 3318.063 of	61456
the Revised Code, the levy of a tax for the maintenance of the	61457
classroom facilities acquired under the district's project and	61458
that levy continues to be collected as approved by the electors.	61459
That levy shall be for a number of years that is equal to the	61460
difference between twenty-three years and the number of years that	61461
the district made transfers under this section and shall be at the	61462
rate of not less than one-half mill for each dollar of the	61463
district's valuation. The district board shall continue to make	61464
the transfers agreed to under this section until that levy has	61465
been approved by the electors.	61466

Sec. 3318.054. (A) If conditional approval of a city,	61467
exempted village, or local school district's project lapses as	61468
provided in section 3318.05 of the Revised Code, or if conditional	61469
approval of a joint vocational school district's project lapses as	61470
provided in division (D) of section 3318.41 of the Revised Code,	61471
because the district's electors have not approved the ballot	61472
measures necessary to generate the district's portion of the basic	61473
project cost, and if the district board desires to seek a new	61474
conditional approval of the project, the district board shall	61475
request that the Ohio school facilities commission set the scope,	61476
basic project cost, and school district portion of the basic	61477
project cost prior to resubmitting the ballot measures to the	61478
electors. To do so, the commission shall use the district's	61479
current assessed tax valuation and the district's percentile for	61480
the prior fiscal year. For a district that has entered into an	61481
agreement under section 3318.36 of the Revised Code and desires to	61482
proceed with a project under sections 3318.01 to 3318.20 of the	61483
Revised Code, the district's portion of the basic project cost	61484
shall be the percentage specified in that agreement. The project	61485
scope and basic costs established under this division shall be	61486
valid for one year from the date the commission approves them.	61487

(B) Upon the commission's approval under division (A) of this	61488
section, the district board may submit the ballot measures to the	61489
district's electors for approval of the project based on the new	61490
project scope and estimated costs. Upon electoral approval of	61491
those measures, the district shall be given first priority for	61492
project funding as such funds become available.	61493

(C) When the commission determines that funds are available	61494
for the district's project, the commission shall do all of the	61495
following:	61496

(1) Determine the school district portion of the basic	61497
project cost under section 3318.032 of the Revised Code, in the	61498
case of a city, exempted village, or local school district, or	61499
under section 3318.42 of the Revised Code, in the case of a joint	61500
vocational school district;	61501

(2) Conditionally approve the project and submit it to the	61502
controlling board for approval pursuant to section 3318.04 of the	61503
Revised Code;	61504

(3) Encumber funds for the project under section 3318.11 of	61505
the Revised Code;	61506

(4) Enter into an agreement with the district board under	61507
section 3318.08 of the Revised Code.	61508

Sec. 3318.08. Except in the case of a joint vocational	61509
school district that receives assistance under sections 3318.40 to	61510
3318.45 of the Revised Code, if the requisite favorable vote on	61511
the election is obtained, or if the school district board has	61512
resolved to apply the proceeds of a property tax levy or the	61513
proceeds of an income tax, or a combination of proceeds from such	61514
taxes, as authorized in section 3318.052 of the Revised Code, the	61515
Ohio school facilities commission, upon certification to it of	61516
either the results of the election or the resolution under section	61517
3318.052 of the Revised Code, shall enter into a written agreement	61518
with the school district board for the construction and sale of	61519
the project. In the case of a joint vocational school district	61520
that receives assistance under sections 3318.40 to 3318.45 of the	61521
Revised Code, if the school district board of education and the	61522
school district electors have satisfied the conditions prescribed	61523
in division (D)(1) of section 3318.41 of the Revised Code, the	61524
commission shall enter into an agreement with the school district	61525
board for the construction and sale of the project. In either	61526
case, the agreement shall include, but need not be limited to, the	61527
following provisions:	61528

(A) The sale and issuance of bonds or notes in anticipation	61529
thereof, as soon as practicable after the execution of the	61530
agreement, in an amount equal to the school district's portion of	61531
the basic project cost, including any securities authorized under	61532
division (J) of section 133.06 of the Revised Code and dedicated	61533
by the school district board to payment of the district's portion	61534
of the basic project cost of the project; provided, that if at	61535
that time the county treasurer of each county in which the school	61536
district is located has not commenced the collection of taxes on	61537
the general duplicate of real and public utility property for the	61538
year in which the controlling board approved the project, the	61539
school district board shall authorize the issuance of a first	61540
installment of bond anticipation notes in an amount specified by	61541
the agreement, which amount shall not exceed an amount necessary	61542
to raise the net bonded indebtedness of the school district as of	61543
the date of the controlling board's approval to within five	61544
thousand dollars of the required level of indebtedness for the	61545
preceding year. In the event that a first installment of bond	61546
anticipation notes is issued, the school district board shall, as	61547
soon as practicable after the county treasurer of each county in	61548
which the school district is located has commenced the collection	61549
of taxes on the general duplicate of real and public utility	61550
property for the year in which the controlling board approved the	61551
project, authorize the issuance of a second and final installment	61552
of bond anticipation notes or a first and final issue of bonds.	61553

The combined value of the first and second installment of	61554
bond anticipation notes or the value of the first and final issue	61555
of bonds shall be equal to the school district's portion of the	61556
basic project cost. The proceeds of any such bonds shall be used	61557
first to retire any bond anticipation notes. Otherwise, the	61558
proceeds of such bonds and of any bond anticipation notes, except	61559
the premium and accrued interest thereon, shall be deposited in	61560
the school district's project construction fund. In determining	61561
the amount of net bonded indebtedness for the purpose of fixing	61562
the amount of an issue of either bonds or bond anticipation notes,	61563
gross indebtedness shall be reduced by moneys in the bond	61564
retirement fund only to the extent of the moneys therein on the	61565
first day of the year preceding the year in which the controlling	61566
board approved the project. Should there be a decrease in the tax	61567
valuation of the school district so that the amount of	61568
indebtedness that can be incurred on the tax duplicates for the	61569
year in which the controlling board approved the project is less	61570
than the amount of the first installment of bond anticipation	61571
notes, there shall be paid from the school district's project	61572
construction fund to the school district's bond retirement fund to	61573
be applied against such notes an amount sufficient to cause the	61574
net bonded indebtedness of the school district, as of the first	61575
day of the year following the year in which the controlling board	61576
approved the project, to be within five thousand dollars of the	61577
required level of indebtedness for the year in which the	61578
controlling board approved the project. The maximum amount of	61579
indebtedness to be incurred by any school district board as its	61580
share of the cost of the project is either an amount that will	61581
cause its net bonded indebtedness, as of the first day of the year	61582
following the year in which the controlling board approved the	61583
project, to be within five thousand dollars of the required level	61584
of indebtedness, or an amount equal to the required percentage of	61585
the basic project costs, whichever is greater. All bonds and bond	61586
anticipation notes shall be issued in accordance with Chapter 133.	61587
of the Revised Code, and notes may be renewed as provided in	61588
section 133.22 of the Revised Code.	61589

(B) The transfer of such funds of the school district board	61590
available for the project, together with the proceeds of the sale	61591
of the bonds or notes, except premium, accrued interest, and	61592
interest included in the amount of the issue, to the school	61593
district's project construction fund;	61594

(C) For all school districts except joint vocational school	61595
districts that receive assistance under sections 3318.40 to	61596
3318.45 of the Revised Code, the following provisions as	61597
applicable:	61598

(1) If section 3318.052 of the Revised Code applies, the	61599
earmarking of the proceeds of a tax levied under section 5705.21	61600
of the Revised Code for general permanent improvements or under	61601
section 5705.218 of the Revised Code for the purpose of permanent	61602
improvements, or the proceeds of a school district income tax	61603
levied under Chapter 5748. of the Revised Code, or the proceeds	61604
from a combination of those two taxes, in an amount to pay all or	61605
part of the service charges on bonds issued to pay the school	61606
district portion of the project and an amount equivalent to all or	61607
part of the tax required under division (B) of section 3318.05 of	61608
the Revised Code;	61609

(2) If section 3318.052 of the Revised Code does not apply,	61610
one of the following:	61611

(a) The levy of the tax authorized at the election for the	61612
payment of maintenance costs, as specified in division (B) of	61613
section 3318.05 of the Revised Code;	61614

(b) If the school district electors have approved a	61615
continuing tax for general permanent improvements under section	61616
5705.21 of the Revised Code and that tax can be used for	61617
maintenance, the earmarking of an amount of the proceeds from such	61618
tax for maintenance of classroom facilities as specified in	61619
division (B) of section 3318.05 of the Revised Code;	61620

(c) If, in lieu of the tax otherwise required under division	61621
(B) of section 3318.05 of the Revised Code, the commission has	61622
approved the transfer of money to the maintenance fund in	61623
accordance with section 3318.051 of the Revised Code, a	61624
requirement that the district board comply with the provisions	61625
that section. The district board may rescind the provision	61626
prescribed under division (C)(2)(c) of this section only so long	61627
as the electors of the district have approved, in accordance with	61628
section 3318.063 of the Revised Code, the levy of a tax for the	61629
maintenance of the classroom facilities acquired under the	61630
district's project and that levy continues to be collected as	61631
approved by the electors.	61632

(D) For joint vocational school districts that receive	61633
assistance under sections 3318.40 to 3318.45 of the Revised Code,	61634
provision for deposit of school district moneys dedicated to	61635
maintenance of the classroom facilities acquired under those	61636
sections as prescribed in section 3318.43 of the Revised Code;	61637

(E) Dedication of any local donated contribution as provided	61638
for under section 3318.084 of the Revised Code, including a	61639
schedule for depositing such moneys applied as an offset of the	61640
district's obligation to levy the tax described in division (B) of	61641
section 3318.05 of the Revised Code as required under division	61642
(D)(2) of section 3318.084 of the Revised Code;	61643

(F) Ownership of or interest in the project during the period	61644
of construction, which shall be divided between the commission and	61645
the school district board in proportion to their respective	61646
contributions to the school district's project construction fund;	61647

(G) Maintenance of the state's interest in the project until	61648
any obligations issued for the project under section 3318.26 of	61649
the Revised Code are no longer outstanding;	61650

(H) The insurance of the project by the school district from	61651
the time there is an insurable interest therein and so long as the	61652
state retains any ownership or interest in the project pursuant to	61653
division (F) of this section, in such amounts and against such	61654
risks as the commission shall require; provided, that the cost of	61655
any required insurance until the project is completed shall be a	61656
part of the basic project cost;	61657

(I) The certification by the director of budget and	61658
management that funds are available and have been set aside to	61659
meet the state's share of the basic project cost as approved by	61660
the controlling board pursuant to either section 3318.04 or	61661
division (B)(1) of section 3318.41 of the Revised Code;	61662

(J) Authorization of the school district board to advertise	61663
for and receive construction bids for the project, for and on	61664
behalf of the commission, and to award contracts in the name of	61665
the state subject to approval by the commission;	61666

(K) Provisions for the disbursement of moneys from the school	61667
district's project account upon issuance by the commission or the	61668
commission's designated representative of vouchers for work done	61669
to be certified to the commission by the treasurer of the school	61670
district board;	61671

(L) Disposal of any balance left in the school district's	61672
project construction fund upon completion of the project;	61673

(M) Limitations upon use of the project or any part of it so	61674
long as any obligations issued to finance the project under	61675
section 3318.26 of the Revised Code are outstanding;	61676

(N) Provision for vesting the state's interest in the project	61677
to the school district board when the obligations issued to	61678
finance the project under section 3318.26 of the Revised Code are	61679
outstanding;	61680

(O) Provision for deposit of an executed copy of the	61681
agreement in the office of the commission;	61682

(P) Provision for termination of the contract and release of	61683
the funds encumbered at the time of the conditional approval, if	61684
the proceeds of the sale of the bonds of the school district board	61685
are not paid into the school district's project construction fund	61686
and if bids for the construction of the project have not been	61687
taken within such period after the execution of the agreement as	61688
may be fixed by the commission;	61689

(Q) Provision for the school district to maintain the project	61690
in accordance with a plan approved by the commission;	61691

(R)~~(1) For all school districts except a district undertaking~~	61692
~~a project under section 3318.38 of the Revised Code or a joint~~	61693
~~vocational school district undertaking a project under sections~~	61694
~~3318.40 to 3318.45 of the Revised Code, provision~~Provision that	61695
all state funds reserved and encumbered to pay the state share of	61696
the cost of the project ~~pursuant to section 3318.03 of the Revised~~	61697
~~Code be spent on the construction or acquisition of the project~~	61698
~~prior to the expenditure of any~~and the funds provided by the	61699
school district to pay for its share of the project cost, ~~unless~~	61700
including the respective shares of the cost of a segment if the	61701
project is divided into segments, be spent on the construction and	61702
acquisition of the project or segment simultaneously in proportion	61703
to the state's and the school district's respective shares of that	61704
basic project cost as determined under section 3318.032 of the	61705
Revised Code or, if the district is a joint vocational school	61706
district, under section 3318.42 of the Revised Code. However, if	61707
the school district certifies to the commission that expenditure	61708
by the school district is necessary to maintain the federal tax	61709
status or tax-exempt status of notes or bonds issued by the school	61710
district to pay for its share of the project cost or to comply	61711
with applicable temporary investment periods or spending	61712
exceptions to rebate as provided for under federal law in regard	61713
to those notes or bonds, ~~in which cases,~~ the school district may	61714
commit to spend, or spend, a greater portion of the funds it	61715
provides;	61716

~~(2) For a school district undertaking a project under section~~	61717
~~3318.38 of the Revised Code or a joint vocational school district~~	61718
~~undertaking a project under sections 3318.40 to 3318.45 of the~~	61719
~~Revised Code, provision that the state funds reserved and~~	61720
~~encumbered and the funds provided by the school district to pay~~	61721
~~the basic project cost of any segment of the project, or of the~~	61722
~~entire project if it is not divided into segments, be spent on the~~	61723
~~construction and acquisition of the project simultaneously in~~	61724
~~proportion to the state's and the school district's respective~~	61725
~~shares of that basic project cost as determined under section~~	61726
~~3318.032 of the Revised Code or, if the district is a joint~~	61727
~~vocational school district, under section 3318.42 of the Revised~~	61728
~~Code~~during any specific period than would otherwise be required	61729
under this division.	61730

(S) A provision stipulating that the commission may prohibit	61731
the district from proceeding with any project if the commission	61732
determines that the site is not suitable for construction	61733
purposes. The commission may perform soil tests in its	61734
determination of whether a site is appropriate for construction	61735
purposes.	61736

(T) A provision stipulating that, unless otherwise authorized	61737
by the commission, any contingency reserve portion of the	61738
construction budget prescribed by the commission shall be used	61739
only to pay costs resulting from unforeseen job conditions, to	61740
comply with rulings regarding building and other codes, to pay	61741
costs related to design clarifications or corrections to contract	61742
documents, and to pay the costs of settlements or judgments	61743
related to the project as provided under section 3318.086 of the	61744
Revised Code;	61745

(U) Provision stipulating that for continued release of	61746
project funds the school district board shall comply with section	61747
3313.41 of the Revised Code throughout the project and shall	61748
notify the department of education and the Ohio community school	61749
association when the board plans to dispose of facilities by sale	61750
under that section;	61751

(V) Provision that the commission shall not approve a	61752
contract for demolition of a facility until the school district	61753
board has complied with section 3313.41 of the Revised Code	61754
relative to that facility, unless demolition of that facility is	61755
to clear a site for construction of a replacement facility	61756
included in the district's project.	61757

Sec. 3318.12. (A) The Ohio school facilities commission shall	61758
cause to be transferred to the school district's project	61759
construction fund the necessary amounts from amounts appropriated	61760
by the general assembly and set aside for such purpose, from time	61761
to time as may be necessary to pay obligations chargeable to such	61762
fund when due. All investment earnings of a school district's	61763
project construction fund shall be credited to the fund.	61764

(B)(1) The treasurer of the school district board shall	61765
disburse funds from the school district's project construction	61766
fund, including investment earnings credited to the fund, only	61767
upon the approval of the commission or the commission's designated	61768
representative. The commission or the commission's designated	61769
representative shall issue vouchers against such fund, in such	61770
amounts, and at such times as required by the contracts for	61771
construction of the project.	61772

(2) Notwithstanding anything to the contrary in division	61773
(B)(1) of this section, the school district board may, by a duly	61774
adopted resolution, choose to use all or part of the investment	61775
earnings of the district's project construction fund that are	61776
attributable to the district's contribution to the fund to pay the	61777
cost of classroom facilities or portions or components of	61778
classroom facilities that are not included in the district's basic	61779
project cost but that are related to the district's project. If	61780
the district board adopts a resolution in favor of using those	61781
investment earnings as authorized under division (B)(2) of this	61782
section, the treasurer shall disburse the amount as designated and	61783
directed by the board. However, if the district board chooses to	61784
use any part of the investment earnings for classroom facilities	61785
or portions or components of classroom facilities that are not	61786
included in the basic project cost, as authorized under division	61787
(B)(2) of this section, and, subsequently, the cost of the project	61788
exceeds the amount in the project construction fund, the district	61789
board shall restore to the project construction fund the full	61790
amount of the investment earnings used under division (B)(2) of	61791
this section before any additional state moneys shall be released	61792
for the project.	61793

(C) After ~~the~~a certificate of completion has been issued for	61794
a project ~~has been completed~~under section 3318.48 of the Revised	61795
Code:	61796

(1) At the discretion of the school district board, any	61797
investment earnings remaining in the project construction fund	61798
that are attributable to the school district's contribution to the	61799
fund shall be:	61800

(a) Retained in the project construction fund for future	61801
projects;	61802

(b) Transferred to the district's maintenance fund required	61803
by division (B) of section 3318.05 or section 3318.43 of the	61804
Revised Code, and the money so transferred shall be used solely	61805
for maintaining the classroom facilities included in the project;	61806

61807

(2) Any investment earnings remaining in the project	61808
construction fund that are attributable to the state's	61809
contribution to the fund shall be transferred to the commission	61810
for expenditure pursuant to sections 3318.01 to 3318.20 or	61811
sections 3318.40 to 3318.45 of the Revised Code.	61812

(3) Any other surplus remaining in the school district's	61813
project construction fund ~~after the project has been completed~~	61814
shall be transferred to the commission and the school district	61815
board in proportion to their respective contributions to the fund.	61816
The commission shall use the money transferred to it under this	61817
division for expenditure pursuant to sections 3318.01 to 3318.20	61818
or sections 3318.40 to 3318.45 of the Revised Code.	61819

(D) Pursuant to appropriations of the general assembly, any	61820
moneys transferred to the commission under division (C)(2) or (3)	61821
of this section from a project construction fund for a project	61822
under sections 3318.40 to 3318.45 of the Revised Code may be used	61823
for future expenditures for projects under sections 3318.40 to	61824
3318.45 of the Revised Code, notwithstanding the two per cent	61825
annual limit specified in division (B) of section 3318.40 of the	61826
Revised Code.	61827

Sec. 3318.31. (A) The Ohio school facilities commission may	61828
perform any act and ensure the performance of any function	61829
necessary or appropriate to carry out the purposes of, and	61830
exercise the powers granted under, Chapter 3318. of the Revised	61831
Code, including any of the following:	61832

(1) Adopt, amend, and rescind, pursuant to section 111.15 of	61833
the Revised Code, rules for the administration of programs	61834
authorized under Chapter 3318. of the Revised Code.	61835

(2) Contract with, retain the services of, or designate, and	61836
fix the compensation of, such agents, accountants, consultants,	61837
advisers, and other independent contractors as may be necessary or	61838
desirable to carry out the programs authorized under Chapter 3318.	61839
of the Revised Code, or authorize the executive director to	61840
perform such powers and duties.	61841

(3) Receive and accept any gifts, grants, donations, and	61842
pledges, and receipts therefrom, to be used for the programs	61843
authorized under Chapter 3318. of the Revised Code.	61844

(4) Make and enter into all contracts, commitments, and	61845
agreements, and execute all instruments, necessary or incidental	61846
to the performance of its duties and the execution of its rights	61847
and powers under Chapter 3318. of the Revised Code, or authorize	61848
the executive director to perform such powers and duties.	61849

(5) Request the director of administrative services to debar	61850
a contractor as provided in section 153.02 of the Revised Code.	61851

(B) The commission shall appoint and fix the compensation of	61852
an executive director who shall serve at the pleasure of the	61853
commission. The executive director shall supervise the operations	61854
of the commission and perform such other duties as delegated by	61855
the commission. The executive director also shall employ and fix	61856
the compensation of such employees as will facilitate the	61857
activities and purposes of the commission, who shall serve at the	61858
pleasure of the executive director. The employees of the	61859
commission shall be exempt from Chapter 4117. of the Revised Code	61860
and shall not be public employees as defined in section 4117.01 of	61861
the Revised Code.	61862

(C) The attorney general shall serve as the legal	61863
representative for the commission and may appoint other counsel as	61864
necessary for that purpose in accordance with section 109.07 of	61865
the Revised Code.	61866

Sec. 3318.36. (A)(1) As used in this section:

61867

(a) "Ohio school facilities commission," "classroom	61868
facilities," "school district," "school district board," "net	61869
bonded indebtedness," "required percentage of the basic project	61870
costs," "basic project cost," "valuation," and "percentile" have	61871
the same meanings as in section 3318.01 of the Revised Code.	61872

(b) "Required level of indebtedness" means five per cent of	61873
the school district's valuation for the year preceding the year in	61874
which the commission and school district enter into an agreement	61875
under division (B) of this section, plus [two one-hundredths of	61876
one per cent multiplied by (the percentile in which the district	61877
ranks minus one)].	61878

(c) "Local resources" means any moneys generated in any	61879
manner permitted for a school district board to raise the school	61880
district portion of a project undertaken with assistance under	61881
sections 3318.01 to 3318.20 of the Revised Code.	61882

(d) "Tangible personal property phase-out impacted district"	61883
has the same meaning as in section 3318.011 of the Revised Code.	61884

(2) For purposes of determining the required level of	61885
indebtedness, the required percentage of the basic project costs	61886
under division (C)(1) of this section, and priority for assistance	61887
under sections 3318.01 to 3318.20 of the Revised Code, the	61888
percentile ranking of a school district with which the commission	61889
has entered into an agreement under this section between the first	61890
day of July and the thirty-first day of August in each fiscal year	61891
is the percentile ranking calculated for that district for the	61892
immediately preceding fiscal year, and the percentile ranking of a	61893
school district with which the commission has entered into such	61894
agreement between the first day of September and the thirtieth day	61895
of June in each fiscal year is the percentile ranking calculated	61896
for that district for the current fiscal year. However, in the	61897
case of a tangible personal property phase-out impacted district,	61898
the district's priority for assistance under sections 3318.01 to	61899
3318.20 of the Revised Code and its portion of the basic project	61900
cost under those sections shall be determined in the manner	61901
prescribed, respectively, in divisions (B)(3)(b) and (E)(1)(b) of	61902
this section.	61903

(B)(1) There is hereby established the school building	61904
assistance expedited local partnership program. Under the program,	61905
the Ohio school facilities commission may enter into an agreement	61906
with the school district board of any school district under which	61907
the school district board may proceed with the new construction or	61908
major repairs of a part of the school district's classroom	61909
facilities needs, as determined under sections 3318.01 to 3318.20	61910
of the Revised Code, through the expenditure of local resources	61911
prior to the school district's eligibility for state assistance	61912
under those sections and may apply that expenditure toward meeting	61913
the school district's portion of the basic project cost of the	61914
total of the school district's classroom facilities needs, as	61915
determined under sections 3318.01 to 3318.20 of the Revised Code	61916
and as recalculated under division (E) of this section, that are	61917
eligible for state assistance under sections 3318.01 to 3318.20 of	61918
the Revised Code when the school district becomes eligible for	61919
that assistance. Any school district that is reasonably expected	61920
to receive assistance under sections 3318.01 to 3318.20 of the	61921
Revised Code within two fiscal years from the date the school	61922
district adopts its resolution under division (B) of this section	61923
shall not be eligible to participate in the program established	61924
under this section.	61925

(2) To participate in the program, a school district board	61926
shall first adopt a resolution certifying to the commission the	61927
board's intent to participate in the program.	61928

The resolution shall specify the approximate date that the	61929
board intends to seek elector approval of any bond or tax measures	61930
or to apply other local resources to use to pay the cost of	61931
classroom facilities to be constructed under this section. The	61932
resolution may specify the application of local resources or	61933
elector-approved bond or tax measures after the resolution is	61934
adopted by the board, and in such case the board may proceed with	61935
a discrete portion of its project under this section as soon as	61936
the commission and the controlling board have approved the basic	61937
project cost of the district's classroom facilities needs as	61938
specified in division (D) of this section. The board shall submit	61939
its resolution to the commission not later than ten days after the	61940
date the resolution is adopted by the board.	61941

The commission shall not consider any resolution that is	61942
submitted pursuant to division (B)(2) of this section, as amended	61943
by this amendment, sooner than September 14, 2000.	61944

(3) For purposes of determining when a district that enters	61945
into an agreement under this section becomes eligible for	61946
assistance under sections 3318.01 to 3318.20 of the Revised Code,	61947
the commission shall use one of the following as applicable:	61948

(a) Except for a tangible personal property phase-out	61949
impacted district, the district's percentile ranking determined at	61950
the time the district entered into the agreement under this	61951
section, as prescribed by division (A)(2) of this section;	61952

(b) For a tangible personal property phase-out impacted	61953
district, the least of (i) the district's percentile ranking	61954
determined at the time the district entered into the agreement	61955
under this section, as prescribed by division (A)(2) of this	61956
section, (ii) the district's current percentile ranking under	61957
section 3318.011 of the Revised Code, or (iii) for a project	61958
approved for fiscal year 2012, the district's percentile ranking	61959
under the alternate equity list prescribed by Section 387.70 of	61960
H.B. 153 of the 129th general assembly.	61961

(4) Any project under this section shall comply with section	61962
3318.03 of the Revised Code and with any specifications for plans	61963
and materials for classroom facilities adopted by the commission	61964
under section 3318.04 of the Revised Code.	61965

(5) If a school district that enters into an agreement under	61966
this section has not begun a project applying local resources as	61967
provided for under that agreement at the time the district is	61968
notified by the commission that it is eligible to receive state	61969
assistance under sections 3318.01 to 3318.20 of the Revised Code,	61970
all assessment and agreement documents entered into under this	61971
section are void.	61972

(6) Only construction of or repairs to classroom facilities	61973
that have been approved by the commission and have been therefore	61974
included as part of a district's basic project cost qualify for	61975
application of local resources under this section.	61976

(C) Based on the results of on-site visits and assessment,	61977
the commission shall determine the basic project cost of the	61978
school district's classroom facilities needs. The commission shall	61979
determine the school district's portion of such basic project	61980
cost, which shall be the greater of:	61981

(1) The required percentage of the basic project costs,	61982
determined based on the school district's percentile ranking;	61983

(2) An amount necessary to raise the school district's net	61984
bonded indebtedness, as of the fiscal year the commission and the	61985
school district enter into the agreement under division (B) of	61986
this section, to within five thousand dollars of the required	61987
level of indebtedness.	61988

(D)(1) When the commission determines the basic project cost	61989
of the classroom facilities needs of a school district and the	61990
school district's portion of that basic project cost under	61991
division (C) of this section, the project shall be conditionally	61992
approved. Such conditional approval shall be submitted to the	61993
controlling board for approval thereof. The controlling board	61994
shall forthwith approve or reject the commission's determination,	61995
conditional approval, and the amount of the state's portion of the	61996
basic project cost; however, no state funds shall be encumbered	61997
under this section. Upon approval by the controlling board, the	61998
school district board may identify a discrete part of its	61999
classroom facilities needs, which shall include only new	62000
construction of or additions or major repairs to a particular	62001
building, to address with local resources. Upon identifying a part	62002
of the school district's basic project cost to address with local	62003
resources, the school district board may allocate any available	62004
school district moneys to pay the cost of that identified part,	62005
including the proceeds of an issuance of bonds if approved by the	62006
electors of the school district.	62007

All local resources utilized under this division shall first	62008
be deposited in the project construction account required under	62009
section 3318.08 of the Revised Code.	62010

(2) Unless the school district board exercises its option	62011
under division (D)(3) of this section, for a school district to	62012
qualify for participation in the program authorized under this	62013
section, one of the following conditions shall be satisfied:	62014

(a) The electors of the school district by a majority vote	62015
shall approve the levy of taxes outside the ten-mill limitation	62016
for a period of twenty-three years at the rate of not less than	62017
one-half mill for each dollar of valuation to be used to pay the	62018
cost of maintaining the classroom facilities included in the basic	62019
project cost as determined by the commission. The form of the	62020
ballot to be used to submit the question whether to approve the	62021
tax required under this division to the electors of the school	62022
district shall be the form for an additional levy of taxes	62023
prescribed in section 3318.361 of the Revised Code, which may be	62024
combined in a single ballot question with the questions prescribed	62025
under section 5705.218 of the Revised Code.	62026

(b) As authorized under division (C) of section 3318.05 of	62027
the Revised Code, the school district board shall earmark from the	62028
proceeds of a permanent improvement tax levied under section	62029
5705.21 of the Revised Code, an amount equivalent to the	62030
additional tax otherwise required under division (D)(2)(a) of this	62031
section for the maintenance of the classroom facilities included	62032
in the basic project cost as determined by the commission.	62033

(c) As authorized under section 3318.051 of the Revised Code,	62034
the school district board shall, if approved by the commission,	62035
annually transfer into the maintenance fund required under section	62036
3318.05 of the Revised Code the amount prescribed in section	62037
3318.051 of the Revised Code in lieu of the tax otherwise required	62038
under division (D)(2)(a) of this section for the maintenance of	62039
the classroom facilities included in the basic project cost as	62040
determined by the commission.	62041

(d) If the school district board has rescinded the agreement	62042
to make transfers under section 3318.051 of the Revised Code, as	62043
provided under division (F) of that section, the electors of the	62044
school district, in accordance with section 3318.063 of the	62045
Revised Code, first shall approve the levy of taxes outside the	62046
ten-mill limitation for the period specified in that section at a	62047
rate of not less than one-half mill for each dollar of valuation.	62048

(e) The school district board shall apply the proceeds of a	62049
tax to leverage bonds as authorized under section 3318.052 of the	62050
Revised Code or dedicate a local donated contribution in the	62051
manner described in division (B) of section 3318.084 of the	62052
Revised Code in an amount equivalent to the additional tax	62053
otherwise required under division (D)(2)(a) of this section for	62054
the maintenance of the classroom facilities included in the basic	62055
project cost as determined by the commission.	62056

(3) A school district board may opt to delay taking any of	62057
the actions described in division (D)(2) of this section until the	62058
school district becomes eligible for state assistance under	62059
sections 3318.01 to 3318.20 of the Revised Code. In order to	62060
exercise this option, the board shall certify to the commission a	62061
resolution indicating the board's intent to do so prior to	62062
entering into an agreement under division (B) of this section.	62063

(4) If pursuant to division (D)(3) of this section a district	62064
board opts to delay levying an additional tax until the district	62065
becomes eligible for state assistance, it shall submit the	62066
question of levying that tax to the district electors as follows:	62067

(a) In accordance with section 3318.06 of the Revised Code if	62068
it will also be necessary pursuant to division (E) of this section	62069
to submit a proposal for approval of a bond issue;	62070

(b) In accordance with section 3318.361 of the Revised Code	62071
if it is not necessary to also submit a proposal for approval of a	62072
bond issue pursuant to division (E) of this section.	62073

(5) No state assistance under sections 3318.01 to 3318.20 of	62074
the Revised Code shall be released until a school district board	62075
that adopts and certifies a resolution under division (D) of this	62076
section also demonstrates to the satisfaction of the commission	62077
compliance with the provisions of division (D)(2) of this section.	62078

Any amount required for maintenance under division (D)(2) of	62079
this section shall be deposited into a separate fund as specified	62080
in division (B) of section 3318.05 of the Revised Code.	62081

(E)(1) If the school district becomes eligible for state	62082
assistance under sections 3318.01 to 3318.20 of the Revised Code	62083
based on its percentile ranking under division (B)(3) of this	62084
section, the commission shall conduct a new assessment of the	62085
school district's classroom facilities needs and shall recalculate	62086
the basic project cost based on this new assessment. The basic	62087
project cost recalculated under this division shall include the	62088
amount of expenditures made by the school district board under	62089
division (D)(1) of this section. The commission shall then	62090
recalculate the school district's portion of the new basic project	62091
cost, which shall be one of the following as applicable:	62092

(a) Except for a tangible personal property phase-out	62093
impacted district, the percentage of the original basic project	62094
cost assigned to the school district as its portion under division	62095
(C) of this section;	62096

(b) For a tangible personal property phase-out impacted	62097
district, the least of (i) the percentage of the original basic	62098
project cost assigned to the school district as its portion under	62099
division (C) of this section, (ii) the percentage of the new basic	62100
project cost determined under section 3318.032 of the Revised Code	62101
using the district's current percentile ranking under section	62102
3318.011 of the Revised Code, or (iii) for a project approved for	62103
fiscal year 2012, the percentage of the new basic project cost	62104
determined under section 3318.032 of the Revised Code using the	62105
district's percentile ranking under the alternate equity list	62106
prescribed by Section 387.70 of H.B. 153 of the 129th general	62107
assembly. ~~The~~	62108

The commission shall deduct the expenditure of school	62109
district moneys made under division (D)(1) of this section from	62110
the school district's portion of the basic project cost as	62111
recalculated under this division. If the amount of school district	62112
resources applied by the school district board to the school	62113
district's portion of the basic project cost under this section is	62114
less than the total amount of such portion as recalculated under	62115
this division, the school district board by a majority vote of all	62116
of its members shall, if it desires to seek state assistance under	62117
sections 3318.01 to 3318.20 of the Revised Code, adopt a	62118
resolution as specified in section 3318.06 of the Revised Code to	62119
submit to the electors of the school district the question of	62120
approval of a bond issue in order to pay any additional amount of	62121
school district portion required for state assistance. Any tax	62122
levy approved under division (D) of this section satisfies the	62123
requirements to levy the additional tax under section 3318.06 of	62124
the Revised Code.	62125

(2) If the amount of school district resources applied by the	62126
school district board to the school district's portion of the	62127
basic project cost under this section is more than the total	62128
amount of such portion as recalculated under ~~this~~ division (E)(1)	62129
of this section, within one year after the school district's	62130
portion is so recalculated ~~under division (E)(1) of this section~~	62131
the commission may grant to the school district the difference	62132
between the two calculated portions, but at no time shall the	62133
commission expend any state funds on a project in an amount	62134
greater than the state's portion of the basic project cost as	62135
recalculated under ~~this~~ division (E)(1) of this section.	62136

Any reimbursement under this division shall be only for local	62137
resources the school district has applied toward construction cost	62138
expenditures for the classroom facilities approved by the	62139
commission, which shall not include any financing costs associated	62140
with that construction.	62141

The school district board shall use any moneys reimbursed to	62142
the district under this division to pay off any debt service the	62143
district owes for classroom facilities constructed under its	62144
project under this section before such moneys are applied to any	62145
other purpose. However, the district board first may deposit	62146
moneys reimbursed under this division into the district's general	62147
fund or a permanent improvement fund to replace local resources	62148
the district withdrew from those funds, as long as, and to the	62149
extent that, those local resources were used by the district for	62150
constructing classroom facilities included in the district's basic	62151
project cost.	62152

(3) A tangible personal property phase-out impacted district	62153
shall receive credit under division (E) of this section for the	62154
expenditure of local resources pursuant to any prior agreement	62155
authorized by this section, notwithstanding any recalculation of	62156
its average taxable value.	62157

Sec. 3318.37. (A)(1) As used in this section:

62158

(a) "Large land area school district" means a school district	62159
with a territory of greater than three hundred square miles in any	62160
percentile as determined under section 3318.011 of the Revised	62161
Code.	62162

(b) "Low wealth school district" means a school district in	62163
the first through seventy-fifth percentiles as determined under	62164
section 3318.011 of the Revised Code.	62165

(c) A "school district with an exceptional need for immediate	62166
classroom facilities assistance" means a low wealth or large land	62167
area school district with an exceptional need for new facilities	62168
in order to protect the health and safety of all or a portion of	62169
its students.	62170

(2) ~~No school district reasonably expected to be eligible for~~	62171
~~state assistance under sections 3318.01 to 3318.20 of the Revised~~	62172
~~Code within three fiscal years after the year of the application~~	62173
~~for assistance under this section shall be eligible for assistance~~	62174
~~under this section, unless the district's entire classroom~~	62175
~~facilities plan consists of only a single building designed to~~	62176
~~house grades kindergarten through twelve and the district~~	62177
~~satisfies the conditions prescribed in divisions (A)(3)(a) and (b)~~	62178
~~of this section.~~	62179

~~(3)~~ No school district that participates in the school	62180
building assistance expedited local partnership program under	62181
section 3318.36 of the Revised Code shall receive assistance under	62182
the program established under this section unless the following	62183
conditions are satisfied:	62184

(a) The district board adopted a resolution certifying its	62185
intent to participate in the school building assistance expedited	62186
local partnership program under section 3318.36 of the Revised	62187
Code prior to September 14, 2000.	62188

(b) The district was selected by the Ohio school facilities	62189
commission for participation in the school building assistance	62190
expedited local partnership program under section 3318.36 of the	62191
Revised Code in the manner prescribed by the commission under that	62192
section as it existed prior to September 14, 2000.	62193

(B)(1) There is hereby established the exceptional needs	62194
school facilities assistance program. Under the program, the Ohio	62195
school facilities commission may set aside from the moneys	62196
annually appropriated to it for classroom facilities assistance	62197
projects up to twenty-five per cent for assistance to school	62198
districts with exceptional needs for immediate classroom	62199
facilities assistance.	62200

(2)(a) After consulting with education and construction	62201
experts, the commission shall adopt guidelines for identifying	62202
school districts with an exceptional need for immediate classroom	62203
facilities assistance.	62204

(b) The guidelines shall include application forms and	62205
instructions for school districts to use in applying for	62206
assistance under this section.	62207

(3) The commission shall evaluate the classroom facilities,	62208
and the need for replacement classroom facilities from the	62209
applications received under this section. The commission,	62210
utilizing the guidelines adopted under division (B)(2)(a) of this	62211
section, shall prioritize the school districts to be assessed.	62212

Notwithstanding section 3318.02 of the Revised Code, the	62213
commission may conduct on-site evaluation of the school districts	62214
prioritized under this section and approve and award funds until	62215
such time as all funds set aside under division (B)(1) of this	62216
section have been encumbered. However, the commission need not	62217
conduct the evaluation of facilities if the commission determines	62218
that a district's assessment conducted under section 3318.36 of	62219
the Revised Code is sufficient for purposes of this section.	62220

(4) Notwithstanding division (A) of section 3318.05 of the	62221
Revised Code, the school district's portion of the basic project	62222
cost under this section shall be the "required percentage of the	62223
basic project costs," as defined in division (K) of section	62224
3318.01 of the Revised Code.	62225

(5) Except as otherwise specified in this section, any	62226
project undertaken with assistance under this section shall comply	62227
with all provisions of sections 3318.01 to 3318.20 of the Revised	62228
Code. A school district may receive assistance under sections	62229
3318.01 to 3318.20 of the Revised Code for the remainder of the	62230
district's classroom facilities needs as assessed under this	62231
section when the district is eligible for such assistance pursuant	62232
to section 3318.02 of the Revised Code, but any classroom facility	62233
constructed with assistance under this section shall not be	62234
included in a district's project at that time unless the	62235
commission determines the district has experienced the increased	62236
enrollment specified in division (B)(1) of section 3318.04 of the	62237
Revised Code.	62238

(C) No school district shall receive assistance under this	62239
section for a classroom facility that has been included in the	62240
discrete part of the district's classroom facilities needs	62241
identified and addressed in the district's project pursuant to an	62242
agreement entered into under section 3318.36 of the Revised Code,	62243
unless the district's entire classroom facilities plan consists of	62244
only a single building designed to house grades kindergarten	62245
through twelve.	62246

Sec. 3318.371. The Ohio school facilities commission may	62247
provide assistance under the exceptional needs school facilities	62248
program established by section 3318.37 of the Revised Code to any	62249
school district for the purpose of the relocation or replacement	62250
of classroom facilities required as a result of any contamination	62251
of air, soil, or water that impacts the occupants of the facility.	62252
Assistance under this section is not limited to school districts	62253
in the first through seventy-fifth percentiles as determined under	62254
section 3318.011 of the Revised Code.	62255

The commission shall make a determination in accordance with	62256
guidelines adopted by the commission regarding eligibility and	62257
funding for projects under this section. The commission may	62258
contract with an independent environmental consultant to conduct a	62259
study to assist the commission in making the determination.	62260

If the federal government or other public or private entity	62261
provides funds for restitution of costs incurred by the state or	62262
school district in the relocation or replacement of the classroom	62263
facilities, the school district shall use such funds in excess of	62264
the school district's share to refund the state for the state's	62265
contribution to the environmental contamination portion of the	62266
project. The school district may apply an amount of such	62267
restitution funds up to an amount equal to the school district's	62268
portion of the project, as defined by the commission, toward	62269
paying its portion of that project to reduce the amount of bonds	62270
the school district otherwise must issue to receive state	62271
assistance under sections 3318.01 to 3318.20 of the Revised Code.	62272

Sec. 3318.38. (A) As used in this section, "big-eight school	62273
district" has the same meaning as in section 3314.02 of the	62274
Revised Code.	62275

(B) There is hereby established the accelerated urban school	62276
building assistance program. Under the program, notwithstanding	62277
section 3318.02 of the Revised Code, any big-eight school district	62278
that has not been approved to receive assistance under sections	62279
3318.01 to 3318.20 of the Revised Code by July 1, 2002, may	62280
beginning on that date apply for approval of and be approved for	62281
such assistance. Except as otherwise provided in this section, any	62282
project approved and undertaken pursuant to this section shall	62283
comply with all provisions of sections 3318.01 to 3318.20 of the	62284
Revised Code.	62285

The Ohio school facilities commission shall provide	62286
assistance to any big-eight school district eligible for	62287
assistance under this section in the following manner:	62288

(1) Notwithstanding section 3318.02 of the Revised Code:

62289

(a) Not later than June 30, 2002, the commission shall	62290
conduct an on-site visit and shall assess the classroom facilities	62291
needs of each big-eight school district eligible for assistance	62292
under this section;	62293

(b) Beginning July 1, 2002, any big-eight school district	62294
eligible for assistance under this section may apply to the	62295
commission for conditional approval of its project as determined	62296
by the assessment conducted under division (B)(1)(a) of this	62297
section. The commission may conditionally approve that project and	62298
submit it to the controlling board for approval pursuant to	62299
section 3318.04 of the Revised Code.	62300

(2) If the controlling board approves the project of a	62301
big-eight school district eligible for assistance under this	62302
section, the commission and the school district shall enter into	62303
an agreement as prescribed in section 3318.08 of the Revised Code.	62304
Any agreement executed pursuant to this division shall include any	62305
applicable segmentation provisions as approved by the commission	62306
under division (B)(3) of this section.	62307

(3) Notwithstanding any provision to the contrary in sections	62308
3318.05, 3318.06, and 3318.08 of the Revised Code, a big-eight	62309
school district eligible for assistance under this section may	62310
with the approval of the commission opt to divide the project as	62311
approved under division (B)(1)(b) of this section into discrete	62312
segments to be completed sequentially. Any project divided into	62313
segments shall comply with all other provisions of sections	62314
3318.05, 3318.06, and 3318.08 of the Revised Code except as	62315
otherwise specified in this division.	62316

If a project is divided into segments under this division:

62317

(a) The school district need raise only the amount equal to	62318
its proportionate share, as determined under section 3318.032 of	62319
the Revised Code, of each segment at any one time and may seek	62320
voter approval of each segment separately;	62321

(b) The state's proportionate share, as determined under	62322
section 3318.032 of the Revised Code, of only the segment which	62323
has been approved by the school district electors or for which the	62324
district has applied a local donated contribution under section	62325
3318.084 of the Revised Code shall be encumbered in accordance	62326
with section 3318.11 of the Revised Code. Encumbrance of	62327
additional amounts to cover the state's proportionate share of	62328
later segments shall be approved separately as they are approved	62329
by the school district electors or as the district applies a local	62330
donated contribution to the segments under section 3318.084 of the	62331
Revised Code.	62332

(c) The school district's maintenance levy requirement, as	62333
defined in section 3318.18 of the Revised Code, shall run for	62334
twenty-three years from the date the first segment is undertaken.	62335

~~(4) For any project under this section~~(C) In accordance with	62336
division (R) of section 3318.08 of the Revised Code, the state	62337
funds reserved and encumbered and the funds provided by the school	62338
district to pay the basic project cost of any segment of the	62339
project under this section, or of the entire project if it is not	62340
divided into segments, shall be spent on the construction and	62341
acquisition of the project simultaneously in proportion to the	62342
state's and the school district's respective shares of that basic	62343
project cost as determined under section 3318.032 of the Revised	62344
Code.	62345

Sec. 3318.41. (A)(1) The Ohio school facilities commission	62346
annually shall assess the classroom facilities needs of the number	62347
of joint vocational school districts that the commission	62348
reasonably expects to be able to provide assistance to in a fiscal	62349
year, based on the amount set aside for that fiscal year under	62350
division (B) of section 3318.40 of the Revised Code and the order	62351
of priority prescribed in division (B) of section 3318.42 of the	62352
Revised Code, except that in fiscal year 2004 the commission shall	62353
conduct at least the five assessments prescribed in division (E)	62354
of section 3318.40 of the Revised Code.	62355

Upon conducting an assessment of the classroom facilities	62356
needs of a school district, the commission shall make a	62357
determination of all of the following:	62358

(a) The number of classroom facilities to be included in a	62359
project and the basic project cost of acquiring the classroom	62360
facilities included in the project. The number of facilities and	62361
basic project cost shall be determined in accordance with the	62362
specifications adopted under section 3318.311 of the Revised Code	62363
except to the extent that compliance with such specifications is	62364
waived by the commission pursuant to the rule of the commission	62365
adopted under division (F) of section 3318.40 of the Revised Code.	62366

(b) The school district's portion of the basic project cost	62367
as determined under division (C) of section 3318.42 of the Revised	62368
Code;	62369

(c) The remaining portion of the basic project cost that	62370
shall be supplied by the state;	62371

(d) The amount of the state's portion of the basic project	62372
cost to be encumbered in accordance with section 3318.11 of the	62373
Revised Code in the current and subsequent fiscal years from funds	62374
set aside under division (B) of section 3318.40 of the Revised	62375
Code.	62376

(2) Divisions (A), (C), and (D) of section 3318.03 of the	62377
Revised Code apply to any project under sections 3318.40 to	62378
3318.45 of the Revised Code.	62379

(B)(1) If the commission makes a determination under division	62380
(A) of this section in favor of the acquisition of classroom	62381
facilities for a project under sections 3318.40 to 3318.45 of the	62382
Revised Code, such project shall be conditionally approved. Such	62383
conditional approval shall be submitted to the controlling board	62384
for approval. The controlling board shall immediately approve or	62385
reject the commission's determination, conditional approval, the	62386
amount of the state's portion of the basic project cost, and the	62387
amount of the state's portion of the basic project cost to be	62388
encumbered in the current fiscal year. In the event of approval by	62389
the controlling board, the commission shall certify the	62390
conditional approval to the joint vocational school district board	62391
of education and shall encumber the approved funds for the current	62392
fiscal year.	62393

(2) No school district that receives assistance under	62394
sections 3318.40 to 3318.45 of the Revised Code shall have another	62395
such project conditionally approved until the expiration of twenty	62396
years after the school district's prior project was conditionally	62397
approved, unless the school district board demonstrates to the	62398
satisfaction of the commission that the school district has	62399
experienced since conditional approval of its prior project an	62400
exceptional increase in enrollment or program requirements	62401
significantly above the school district's design capacity under	62402
that prior project as determined by rule of the commission. Any	62403
rule adopted by the commission to implement this division shall be	62404
tailored to address the classroom facilities needs of joint	62405
vocational school districts.	62406

(C) In addition to generating the amount of the school	62407
district's portion of the basic project cost as determined under	62408
division (C) of section 3318.42 of the Revised Code, in order for	62409
a school district to receive assistance under sections 3318.40 to	62410
3318.45 of the Revised Code, the school district board shall set	62411
aside school district moneys for the maintenance of the classroom	62412
facilities included in the school district's project in the amount	62413
and manner prescribed in section 3318.43 of the Revised Code.	62414

(D)(1) The conditional approval for a project certified under	62415
division (B)(1) of this section shall lapse and the amount	62416
reserved and encumbered for such project shall be released unless	62417
both of the following conditions are satisfied:	62418

(a) Within one hundred twenty days following the date of	62419
certification of the conditional approval to the joint vocational	62420
school district board, the school district board accepts the	62421
conditional approval and certifies to the commission the school	62422
district board's plan to generate the school district's portion of	62423
the basic project cost, as determined under division (C) of	62424
section 3318.42 of the Revised Code, and to set aside moneys for	62425
maintenance of the classroom facilities acquired under the	62426
project, as prescribed in section 3318.43 of the Revised Code.	62427

(b) Within ~~one year~~thirteen months following the date of	62428
certification of the conditional approval to the school district	62429
board, the electors of the school district vote favorably on any	62430
ballot measures proposed by the school district board to generate	62431
the school district's portion of the basic project cost.	62432

(2) If the school district board or electors fail to satisfy	62433
the conditions prescribed in division (D)(1) of this section and	62434
the amount reserved and encumbered for the school district's	62435
project is released, the school district shall be given first	62436
priority over other joint vocational school districts for project	62437
funding under sections 3318.40 to 3318.45 of the Revised Code as	62438
such funds become available, subject to section 3318.054 of the	62439
Revised Code.	62440

(E) If the conditions prescribed in division (D)(1) of this	62441
section are satisfied, the commission and the school district	62442
board shall enter into an agreement as prescribed in section	62443
3318.08 of the Revised Code and shall proceed with the development	62444
of plans, cost estimates, designs, drawings, and specifications as	62445
prescribed in section 3318.091 of the Revised Code.	62446

(F) Costs in excess of those approved by the commission under	62447
section 3318.091 of the Revised Code shall be payable only as	62448
provided in sections 3318.042 and 3318.083 of the Revised Code.	62449

(G) Advertisement for bids and the award of contracts for	62450
construction of any project under sections 3318.40 to 3318.45 of	62451
the Revised Code shall be conducted in accordance with section	62452
3318.10 of the Revised Code.	62453

(H) ~~The~~In accordance with division (R) of section 3318.08 of	62454
the Revised Code, the state funds reserved and encumbered and the	62455
funds provided by the school district to pay the basic project	62456
cost of a project under sections 3318.40 to 3318.45 of the Revised	62457
Code shall be spent simultaneously in proportion to the state's	62458
and the school district's respective portions of that basic	62459
project cost.	62460

(I) Sections 3318.13, 3318.14, and 3318.16 of the Revised	62461
Code apply to projects under sections 3318.40 to 3318.45 of the	62462
Revised Code.	62463

Sec. 3318.44. (A) A joint vocational school district board of	62464
education may generate the school district's portion of the basic	62465
project cost of its project under sections 3318.40 to 3318.45 of	62466
the Revised Code using any combination of the following means if	62467
lawfully employed for the acquisition of classroom facilities:	62468

(1) The issuance of securities in accordance with Chapter	62469
133. and section 3311.20 of the Revised Code;	62470

(2) Local donated contributions as authorized under section	62471
3318.084 of the Revised Code;	62472

(3) A levy for permanent improvements under section 3311.21	62473
or 5705.21 of the Revised Code;	62474

(4) Bonds issued pursuant to division (B) of this section.

62475

(B) By resolution adopted by a majority of all its members, a	62476
school district board, in order to pay all or part of the school	62477
district's portion of its basic project cost, or portions or	62478
components of classroom facilities that are not included in the	62479
school district's basic project cost but that are related to the	62480
school district's project, may apply the proceeds of a tax levied	62481
under either section 3311.21 of the Revised Code for ten years or	62482
section 5705.21 of the Revised Code for ~~general permanent~~	62483
~~improvements~~a continuing period of time, if the proceeds of that	62484
levy lawfully may be used for general construction, renovation,	62485
repair, or maintenance of classroom facilities to pay debt charges	62486
on and financing costs related to bonds issued to pay all or part	62487
of the school district portion of the basic project cost of the	62488
school district's project under sections 3318.40 to 3318.45 of the	62489
Revised Code, or portions or components of classroom facilities	62490
that are not included in the school district's basic project cost	62491
but that are related to the school district's project, or to	62492
generate an amount equivalent to all or part of the amount	62493
required under section 3318.43 of the Revised Code to be used for	62494
maintenance of classroom facilities acquired under the project.	62495
Bonds issued under this division shall be Chapter 133. securities,	62496
and may be issued as general obligation securities, but the	62497
issuance of the bonds shall not be subject to a vote of the	62498
electors of the school district as long as the tax proceeds	62499
earmarked for payment of the debt charges on the bonds may	62500
lawfully be used for that purpose. Such bonds shall not be	62501
included in the calculation of net indebtedness under section	62502
133.06 of the Revised Code if the resolution authorizing their	62503
issuance includes covenants to appropriate annually, from lawfully	62504
available proceeds of a property tax levied under either section	62505
3311.21 or 5705.21 of the Revised Code, and to continue to levy	62506
that tax in amounts necessary to pay the debt charges on and	62507
financing costs related to the bonds as they become due. No	62508
property tax levied under section 5705.21 of the Revised Code that	62509
is pledged, or that the school district has covenanted to levy,	62510
collect, and appropriate annually to pay the debt charges on and	62511
financing costs related to the bonds under this section may be	62512
repealed while those bonds are outstanding. If such a tax is	62513
reduced by electors of the district or by the board of education	62514
while the bonds are outstanding, the board of education shall	62515
continue to levy and collect the tax under the authority of the	62516
original election authorizing the tax at a rate in each year that	62517
the board reasonably estimates will produce an amount in that year	62518
equal to the debt charges on the bonds in that year.	62519

No state moneys shall be released for a project to which this	62520
division applies until the proceeds of any bonds issued under this	62521
division that are dedicated for payment of the school district's	62522
portion of the basic project cost are first deposited into the	62523
school district's project construction fund.	62524

(C) A school district board of education may adopt a	62525
resolution proposing that any of the following questions be	62526
combined with a question specified in section 3318.45 of the	62527
Revised Code:	62528

(1) A bond issue question under section 133.18 of the Revised	62529
Code;	62530

(2) A tax levy question under section 3311.21 of the Revised	62531
Code;	62532

(3) A tax levy question under either section 3311.21 or	62533
5705.21 of the Revised Code.	62534

Any question described in divisions (C)(1) to (3) of this	62535
section that is combined with a question proposed under section	62536
3318.45 of the Revised Code shall be for the purpose of either	62537
paying for any permanent improvement, as defined in section 133.01	62538
of the Revised Code, or generating operating revenue specifically	62539
for the facilities acquired under the school district's project	62540
under Chapter 3318. of the Revised Code or for both to the extent	62541
such purposes are permitted by the sections of law under which	62542
each is proposed.	62543

(D) The board of education of a joint vocational school	62544
district that receives assistance under this section may enter	62545
into an agreement for joint issuance of bonds as provided for in	62546
section 3318.085 of the Revised Code.	62547

Sec. 3318.48. (A) When all of the following have occurred, a	62548
project undertaken by a school district pursuant to this chapter	62549
shall be considered complete and the Ohio school facilities	62550
commission shall issue a certificate of completion to the district	62551
board of education:	62552

(1) All facilities to be constructed under the project, as	62553
specified in the project agreement entered into under section	62554
3318.08 of the Revised Code, have been completed and the board has	62555
received a permanent certificate of occupancy for each of those	62556
facilities.	62557

(2) The commission has issued certificates of contract	62558
completion on all prime construction contracts entered into by the	62559
board under section 3318.10 of the Revised Code.	62560

(3) The commission has completed a final accounting of the	62561
district's project construction fund and has determined that all	62562
payments from the fund were made in compliance with all policies	62563
of the commission.	62564

(4) Any litigation concerning the project has been finally	62565
resolved with no chance of appeal.	62566

(5) All construction management services typically provided	62567
by the commission to school districts have been delivered and the	62568
commission has canceled any remaining encumbrance of funds for	62569
those services.	62570

(B) The commission may issue a certificate of completion to a	62571
district board prior to all of the conditions described in	62572
division (A) of this section being satisfied, if the commission	62573
determines that the circumstances preventing the conditions from	62574
being satisfied are so minor in nature that the project should be	62575
considered complete. When issuing a certificate of completion	62576
under this division, the commission may specify any of the	62577
following:	62578

(1) Any construction or work that has yet to be completed and	62579
the manner in which the board shall oversee its completion, which	62580
may include procedures for reporting progress to the commission	62581
and for accounting of expenditures;	62582

(2) Terms and conditions for the resolution of any pending	62583
litigation;	62584

(3) Any remaining responsibilities of the construction	62585
manager regarding the project.	62586

(C) The commission may issue a certificate of completion to a	62587
district board that does not voluntarily participate in the	62588
process of closing out the district's project, if the construction	62589
manager for the project verifies that all facilities to be	62590
constructed under the project, as specified in the project	62591
agreement entered into under section 3318.08 of the Revised Code,	62592
have been completed and the commission determines that those	62593
facilities have been occupied for at least one year. In that case,	62594
all funds due to the commission under division (C) of section	62595
3318.12 of the Revised Code shall be returned to the commission	62596
not later than thirty days after receipt of the certificate of	62597
completion. If the funds due to the commission have not been	62598
returned within sixty days after receipt of the certificate of	62599
completion, the auditor of state shall issue a finding for	62600
recovery against the school district and shall request legal	62601
action under section 117.42 of the Revised Code.	62602

(D) Upon issuance of a certificate of completion under this	62603
section, the commission's ownership of and interest in the	62604
project, as specified in division (F) of section 3318.08 of the	62605
Revised Code, shall cease. This cessation shall not alter or	62606
otherwise affect the state's or commission's interest in the	62607
project or any limitations on the use of the project as specified	62608
in the project agreement pursuant to divisions (G), (M), and (N)	62609
of that section or as specified in section 3318.16 of the Revised	62610
Code.	62611

Sec. 3318.49. (A) The corrective action program is hereby	62612
established to provide funding for the correction of work, in	62613
connection with a project funded under sections 3318.01 to 3318.20	62614
or sections 3318.40 to 3318.45 of the Revised Code, that is found	62615
after occupancy of the facility to be defective or to have been	62616
omitted.	62617

(B) The Ohio school facilities commission may provide funding	62618
under this section only if the school district notifies the	62619
executive director of the commission of the defective or omitted	62620
work within five years after occupancy of the facility for which	62621
the district seeks the funding.	62622

(C) The commission shall establish procedures and deadlines	62623
for school districts to follow in applying for assistance under	62624
this section. The procedures shall include definitions of	62625
"defective" and "omitted," and shall require that remediation	62626
efforts focus first on engaging the respective contractors that	62627
designed and constructed the areas that have design or	62628
construction-related issues. The commission shall consider	62629
applications on a case-by-case basis, taking into account the	62630
amount of money appropriated and available for purposes of this	62631
section.	62632

(D) The commission may provide funding assistance necessary	62633
to take corrective measures after evaluating the defective or	62634
omitted work.	62635

(1) If the work to be corrected or remediated is part of a	62636
project not yet completed, the commission may amend the project	62637
agreement to increase the project budget and use corrective action	62638
funding to provide the state portion of the amendment. If the work	62639
to be corrected or remediated is part of a completed project and	62640
funds were retained or transferred pursuant to division (C) of	62641
section 3318.12 of the Revised Code, the commission may enter into	62642
a new agreement to address the corrective action.	62643

(2) Whether or not the project is completed, the district	62644
shall contribute a portion of the cost of the corrective action,	62645
to be determined in accordance with section 3318.032 of the	62646
Revised Code or, if the district is a joint vocational school	62647
district, section 3318.42 of the Revised Code. A district that is	62648
unable to provide its portion so that remediation can proceed may	62649
apply to the commission for additional assistance under section	62650
3318.042 of the Revised Code.	62651

(E) The commission shall assess responsibility for the	62652
defective or omitted work and seek cost recovery from responsible	62653
parties, if applicable. Any recovery of the expense of remediation	62654
shall be applied first to the district portion of the cost of the	62655
corrective action. Any remaining funds shall be applied to the	62656
state portion and deposited into the school building program	62657
assistance fund established under section 3318.25 of the Revised	62658
Code.	62659

Sec. 3318.60. (A) As used in this section:

62660

(1) "Acquisition of classroom facilities" means constructing,	62661
reconstructing, repairing, or making additions to classroom	62662
facilities.	62663

(2) "Ohio school facilities commission" and "classroom	62664
facilities" have the same meanings as in section 3318.01 of the	62665
Revised Code.	62666

(B) There is hereby established the college-preparatory	62667
boarding school facilities program. Under the program, the Ohio	62668
school facilities commission shall provide assistance to the	62669
boards of trustees of college-preparatory boarding schools	62670
established under Chapter 3328. of the Revised Code for the	62671
acquisition of classroom facilities.	62672

(C) To be eligible for assistance under this program, a board	62673
of trustees shall secure at least twenty million dollars of	62674
private money to satisfy its share of facilities acquisition. A	62675
board of trustees that receives assistance under the program shall	62676
fund the acquisition of residential facilities and any other	62677
facilities other than classroom facilities through private means.	62678

(D) The lease payments made by the boards of trustees of	62679
college-preparatory boarding schools receiving assistance under	62680
the program shall be deposited into the state treasury and	62681
credited to the common schools capital facilities bond service	62682
fund created in section 151.03 of the Revised Code.	62683

(E) The acquisition of classroom facilities with assistance	62684
provided under the program shall not be subject to sections	62685
3318.01 to 3318.20 of the Revised Code.	62686

(F) Within the ninety-day period immediately following the	62687
effective date of this section, the commission shall adopt rules	62688
necessary for the implementation and administration of the	62689
program.	62690

Sec. 3318.70. (A) As used in this section:

62691

(1) "Acquisition of classroom facilities" has the same	62692
meaning as in section 3318.40 of the Revised Code.	62693

(2) "Classroom facilities" has the same meaning as in section	62694
3318.01 of the Revised Code.	62695

(3) "STEM school" means a science, technology, engineering,	62696
and mathematics school established under Chapter 3326. of the	62697
Revised Code that is not governed by a single school district	62698
board of education, as prescribed by section 3326.51 of the	62699
Revised Code.	62700

(B) Upon receipt of a written proposal by the governing body	62701
of a STEM school, the Ohio school facilities commission, subject	62702
to approval of the controlling board, may provide funding to	62703
assist that STEM school in the acquisition of classroom	62704
facilities. The proposal of the governing body shall be submitted	62705
in a form and in the manner prescribed by the commission and shall	62706
indicate both the total amount of state funding requested and the	62707
amount of nonstate funding pledged for the acquisition of the	62708
classroom facilities, which shall not be less than the total	62709
amount of state funding requested. If the commission decides in	62710
favor of providing funding for the classroom facilities and if the	62711
controlling board approves that funding, the commission shall	62712
enter into an agreement with the governing body for the	62713
acquisition of the classroom facilities and shall encumber, in	62714
accordance with section 3318.11 of the Revised Code, the approved	62715
funding from the amounts appropriated to the commission for	62716
classroom facilities assistance projects. The agreement shall	62717
include a stipulation of the ownership of the classroom facilities	62718
in the event the STEM school permanently closes at any time.	62719

Sec. 3319.02. (A)(1) As used in this section, "other	62720
administrator" means any of the following:	62721

(a) Except as provided in division (A)(2) of this section,	62722
any employee in a position for which a board of education requires	62723
a license designated by rule of the department of education for	62724
being an administrator issued under section 3319.22 of the Revised	62725
Code, including a professional pupil services employee or	62726
administrative specialist or an equivalent of either one who is	62727
not employed as a school counselor and spends less than fifty per	62728
cent of the time employed teaching or working with students;	62729

(b) Any nonlicensed employee whose job duties enable such	62730
employee to be considered as either a "supervisor" or a	62731
"management level employee," as defined in section 4117.01 of the	62732
Revised Code;	62733

(c) A business manager appointed under section 3319.03 of the	62734
Revised Code.	62735

(2) As used in this section, "other administrator" does not	62736
include a superintendent, assistant superintendent, principal, or	62737
assistant principal.	62738

(B) The board of education of each school district and the	62739
governing board of an educational service center may appoint one	62740
or more assistant superintendents and such other administrators as	62741
are necessary. An assistant educational service center	62742
superintendent or service center supervisor employed on a	62743
part-time basis may also be employed by a local board as a	62744
teacher. The board of each city, exempted village, and local	62745
school district shall employ principals for all high schools and	62746
for such other schools as the board designates, and those boards	62747
may appoint assistant principals for any school that they	62748
designate.	62749

(C) In educational service centers and in city, exempted	62750
village, and local school districts, assistant superintendents,	62751
principals, assistant principals, and other administrators shall	62752
only be employed or reemployed in accordance with nominations of	62753
the superintendent, except that a board of education of a school	62754
district or the governing board of a service center, by a	62755
three-fourths vote of its full membership, may reemploy any	62756
assistant superintendent, principal, assistant principal, or other	62757
administrator whom the superintendent refuses to nominate.	62758

The board of education or governing board shall execute a	62759
written contract of employment with each assistant superintendent,	62760
principal, assistant principal, and other administrator it employs	62761
or reemploys. The term of such contract shall not exceed three	62762
years except that in the case of a person who has been employed as	62763
an assistant superintendent, principal, assistant principal, or	62764
other administrator in the district or center for three years or	62765
more, the term of the contract shall be for not more than five	62766
years and, unless the superintendent of the district recommends	62767
otherwise, not less than two years. If the superintendent so	62768
recommends, the term of the contract of a person who has been	62769
employed by the district or service center as an assistant	62770
superintendent, principal, assistant principal, or other	62771
administrator for three years or more may be one year, but all	62772
subsequent contracts granted such person shall be for a term of	62773
not less than two years and not more than five years. When a	62774
teacher with continuing service status becomes an assistant	62775
superintendent, principal, assistant principal, or other	62776
administrator with the district or service center with which the	62777
teacher holds continuing service status, the teacher retains such	62778
status in the teacher's nonadministrative position as provided in	62779
sections 3319.08 and 3319.09 of the Revised Code.	62780

A board of education or governing board may reemploy an	62781
assistant superintendent, principal, assistant principal, or other	62782
administrator at any regular or special meeting held during the	62783
period beginning on the first day of January of the calendar year	62784
immediately preceding the year of expiration of the employment	62785
contract and ending on the last day of March of the year the	62786
employment contract expires.	62787

Except by mutual agreement of the parties thereto, no	62788
assistant superintendent, principal, assistant principal, or other	62789
administrator shall be transferred during the life of a contract	62790
to a position of lesser responsibility. No contract may be	62791
terminated by a board except pursuant to section 3319.16 of the	62792
Revised Code. No contract may be suspended except pursuant to	62793
section 3319.17 or 3319.171 of the Revised Code. The salaries and	62794
compensation prescribed by such contracts shall not be reduced by	62795
a board unless such reduction is a part of a uniform plan	62796
affecting the entire district or center. The contract shall	62797
specify the employee's administrative position and duties as	62798
included in the job description adopted under division (D) of this	62799
section, the salary and other compensation to be paid for	62800
performance of duties, the number of days to be worked, the number	62801
of days of vacation leave, if any, and any paid holidays in the	62802
contractual year.	62803

An assistant superintendent, principal, assistant principal,	62804
or other administrator is, at the expiration of the current term	62805
of employment, deemed reemployed at the same salary plus any	62806
increments that may be authorized by the board, unless such	62807
employee notifies the board in writing to the contrary on or	62808
before the first day of June, or unless such board, on or before	62809
the last day of March of the year in which the contract of	62810
employment expires, either reemploys such employee for a	62811
succeeding term or gives written notice of its intention not to	62812
reemploy the employee. The term of reemployment of a person	62813
reemployed under this paragraph shall be one year, except that if	62814
such person has been employed by the school district or service	62815
center as an assistant superintendent, principal, assistant	62816
principal, or other administrator for three years or more, the	62817
term of reemployment shall be two years.	62818

(D)(1) Each board shall adopt procedures for the evaluation	62819
of all assistant superintendents, principals, assistant	62820
principals, and other administrators and shall evaluate such	62821
employees in accordance with those procedures. The procedures for	62822
the evaluation of principals shall be based on principles	62823
comparable to the teacher evaluation policy adopted by the board	62824
under section 3319.111 of the Revised Code, but shall be tailored	62825
to the duties and responsibilities of principals and the	62826
environment in which principals work. An evaluation based upon	62827
~~such~~ procedures adopted under this division shall be considered by	62828
the board in deciding whether to renew the contract of employment	62829
of an assistant superintendent, principal, assistant principal, or	62830
other administrator.	62831

(2) The evaluation shall measure each assistant	62832
superintendent's, principal's, assistant principal's, and other	62833
administrator's effectiveness in performing the duties included in	62834
the job description and the evaluation procedures shall provide	62835
for, but not be limited to, the following:	62836

(a) Each assistant superintendent, principal, assistant	62837
principal, and other administrator shall be evaluated annually	62838
through a written evaluation process.	62839

(b) The evaluation shall be conducted by the superintendent	62840
or designee.	62841

(c) In order to provide time to show progress in correcting	62842
the deficiencies identified in the evaluation process, the	62843
evaluation process shall be completed as follows:	62844

(i) In any school year that the employee's contract of	62845
employment is not due to expire, at least one evaluation shall be	62846
completed in that year. A written copy of the evaluation shall be	62847
provided to the employee no later than the end of the employee's	62848
contract year as defined by the employee's annual salary notice.	62849

(ii) In any school year that the employee's contract of	62850
employment is due to expire, at least a preliminary evaluation and	62851
at least a final evaluation shall be completed in that year. A	62852
written copy of the preliminary evaluation shall be provided to	62853
the employee at least sixty days prior to any action by the board	62854
on the employee's contract of employment. The final evaluation	62855
shall indicate the superintendent's intended recommendation to the	62856
board regarding a contract of employment for the employee. A	62857
written copy of the evaluation shall be provided to the employee	62858
at least five days prior to the board's acting to renew or not	62859
renew the contract.	62860

(3) Termination of an assistant superintendent, principal,	62861
assistant principal, or other administrator's contract shall be	62862
pursuant to section 3319.16 of the Revised Code. Suspension of any	62863
such employee shall be pursuant to section 3319.17 or 3319.171 of	62864
the Revised Code.	62865

(4) Before taking action to renew or nonrenew the contract of	62866
an assistant superintendent, principal, assistant principal, or	62867
other administrator under this section and prior to the last day	62868
of March of the year in which such employee's contract expires,	62869
the board shall notify each such employee of the date that the	62870
contract expires and that the employee may request a meeting with	62871
the board. Upon request by such an employee, the board shall grant	62872
the employee a meeting in executive session. In that meeting, the	62873
board shall discuss its reasons for considering renewal or	62874
nonrenewal of the contract. The employee shall be permitted to	62875
have a representative, chosen by the employee, present at the	62876
meeting.	62877

(5) The establishment of an evaluation procedure shall not	62878
create an expectancy of continued employment. Nothing in division	62879
(D) of this section shall prevent a board from making the final	62880
determination regarding the renewal or nonrenewal of the contract	62881
of any assistant superintendent, principal, assistant principal,	62882
or other administrator. However, if a board fails to provide	62883
evaluations pursuant to division (D)(2)(c)(i) or (ii) of this	62884
section, or if the board fails to provide at the request of the	62885
employee a meeting as prescribed in division (D)(4) of this	62886
section, the employee automatically shall be reemployed at the	62887
same salary plus any increments that may be authorized by the	62888
board for a period of one year, except that if the employee has	62889
been employed by the district or service center as an assistant	62890
superintendent, principal, assistant principal, or other	62891
administrator for three years or more, the period of reemployment	62892
shall be for two years.	62893

(E) On nomination of the superintendent of a service center a	62894
governing board may employ supervisors who shall be employed under	62895
written contracts of employment for terms not to exceed five years	62896
each. Such contracts may be terminated by a governing board	62897
pursuant to section 3319.16 of the Revised Code. Any supervisor	62898
employed pursuant to this division may terminate the contract of	62899
employment at the end of any school year after giving the board at	62900
least thirty days' written notice prior to such termination. On	62901
the recommendation of the superintendent the contract or contracts	62902
of any supervisor employed pursuant to this division may be	62903
suspended for the remainder of the term of any such contract	62904
pursuant to section 3319.17 or 3319.171 of the Revised Code.	62905

(F) A board may establish vacation leave for any individuals	62906
employed under this section. Upon such an individual's separation	62907
from employment, a board that has such leave may compensate such	62908
an individual at the individual's current rate of pay for all	62909
lawfully accrued and unused vacation leave credited at the time of	62910
separation, not to exceed the amount accrued within three years	62911
before the date of separation. In case of the death of an	62912
individual employed under this section, such unused vacation leave	62913
as the board would have paid to the individual upon separation	62914
under this section shall be paid in accordance with section	62915
2113.04 of the Revised Code, or to the estate.	62916

(G) The board of education of any school district may	62917
contract with the governing board of the educational service	62918
center from which it otherwise receives services to conduct	62919
searches and recruitment of candidates for assistant	62920
superintendent, principal, assistant principal, and other	62921
administrator positions authorized under this section.	62922

Sec. 3319.08. (A) The board of education of each city,	62923
exempted village, local, and joint vocational school district and	62924
the governing board of each educational service center shall enter	62925
into written contracts for the employment and reemployment of all	62926
teachers. Contracts for the employment of teachers shall be of two	62927
types, limited contracts and continuing contracts. The board of	62928
each school district or service center that authorizes	62929
compensation in addition to the ~~base~~ salary ~~stated in the~~	62930
~~teachers' salary schedule~~paid under section 3317.14 or 3317.141	62931
of the Revised Code for the performance of duties by a teacher	62932
that are in addition to the teacher's regular teaching duties,	62933
shall enter into a supplemental written contract with each teacher	62934
who is to perform additional duties. Such supplemental written	62935
contracts shall be limited contracts. Such written contracts and	62936
supplemental written contracts shall set forth the teacher's	62937
duties and shall specify the salaries and compensation to be paid	62938
for regular teaching duties and additional teaching duties,	62939
respectively, either or both of which may be increased but not	62940
diminished during the term for which the contract is made, except	62941
as provided in section 3319.12 of the Revised Code.	62942

If a board adopts a motion or resolution to employ a teacher	62943
under a limited or continuing contract and the teacher accepts	62944
such employment, the failure of such parties to execute a written	62945
contract shall not void such employment contract.	62946

(B) Teachers must be paid for all time lost when the schools	62947
in which they are employed are closed due to an epidemic or other	62948
public calamity, and for time lost due to illness or otherwise for	62949
not less than five days annually as authorized by regulations	62950
which each board shall adopt.	62951

62952

(1) For a superintendent, a contract for such term as	62953
authorized by section 3319.01 of the Revised Code;	62954

(2) For an assistant superintendent, principal, assistant	62955
principal, or other administrator, a contract for such term as	62956
authorized by section 3319.02 of the Revised Code;	62957

(3) For all other teachers, a contract for a term not to	62958
exceed five years.	62959

(D) A continuing contract is a contract that remains in	62960
effect until the teacher resigns, elects to retire, or is retired	62961
pursuant to former section 3307.37 of the Revised Code, or until	62962
it is terminated or suspended and shall be granted only to the	62963
following:	62964

(1) Any teacher holding a professional, permanent, or life	62965
teacher's certificate;	62966

(2) Any teacher who meets the following conditions:

62967

(a) The teacher was initially issued a teacher's certificate	62968
or educator license prior to January 1, 2011.	62969

(b) The teacher holds a professional educator license issued	62970
under section 3319.22 or 3319.222 or former section 3319.22 of the	62971
Revised Code or a senior professional educator license or lead	62972
professional educator license issued under section 3319.22 of the	62973
Revised Code.	62974

(c) The teacher has completed the applicable one of the	62975
following:	62976

(i) If the teacher did not hold a master's degree at the time	62977
of initially receiving a teacher's certificate under former law or	62978
an educator license, thirty semester hours of coursework in the	62979
area of licensure or in an area related to the teaching field	62980
since the initial issuance of such certificate or license, as	62981
specified in rules which the state board of education shall adopt;	62982

(ii) If the teacher held a master's degree at the time of	62983
initially receiving a teacher's certificate under former law or an	62984
educator license, six semester hours of graduate coursework in the	62985
area of licensure or in an area related to the teaching field	62986
since the initial issuance of such certificate or license, as	62987
specified in rules which the state board shall adopt.	62988

(3) Any teacher who meets the following conditions:

62989

(a) The teacher never held a teacher's certificate and was	62990
initially issued an educator license on or after January 1, 2011.	62991

(b) The teacher holds a professional educator license, senior	62992
professional educator license, or lead professional educator	62993
license issued under section 3319.22 of the Revised Code.	62994

(c) The teacher has held an educator license for at least	62995
seven years.	62996

(d) The teacher has completed the applicable one of the	62997
following:	62998

(i) If the teacher did not hold a master's degree at the time	62999
of initially receiving an educator license, thirty semester hours	63000
of coursework in the area of licensure or in an area related to	63001
the teaching field since the initial issuance of that license, as	63002
specified in rules which the state board shall adopt;	63003

(ii) If the teacher held a master's degree at the time of	63004
initially receiving an educator license, six semester hours of	63005
graduate coursework in the area of licensure or in an area related	63006
to the teaching field since the initial issuance of that license,	63007
as specified in rules which the state board shall adopt.	63008

(E) Division (D) of this section applies only to continuing	63009
contracts entered into on or after ~~the effective date of this~~	63010
~~amendment~~October 16, 2009. Nothing in that division shall be	63011
construed to void or otherwise affect a continuing contract	63012
entered into prior to that date.	63013

Notwithstanding any provision to the contrary in Chapter	63014
4117. of the Revised Code, the requirements of division (D)(3) of	63015
this section prevail over any conflicting provisions of a	63016
collective bargaining agreement entered into on or after ~~the~~	63017
~~effective date of this amendment~~October 16, 2009.	63018

(F) Wherever the term "educator license" is used in this	63019
section without reference to a specific type of educator license,	63020
the term does not include an educator license for substitute	63021
teaching issued under section 3319.226 of the Revised Code.	63022

Sec. 3319.081. Except as otherwise provided in division (G)	63023
of this section, in all school districts wherein the provisions of	63024
Chapter 124. of the Revised Code do not apply, the following	63025
employment contract system shall control for employees whose	63026
contracts of employment are not otherwise provided by law:	63027

(A) Newly hired regular nonteaching school employees,	63028
including regular hourly rate and per diem employees, shall enter	63029
into written contracts for their employment which shall be for a	63030
period of not more than one year. If such employees are rehired,	63031
their subsequent contract shall be for a period of two years.	63032

(B) After the termination of the two-year contract provided	63033
in division (A) of this section, if the contract of a nonteaching	63034
employee is renewed, the employee shall be continued in	63035
employment, and the salary provided in the contract may be	63036
increased but not reduced unless such reduction is a part of a	63037
uniform plan affecting the nonteaching employees of the entire	63038
district.	63039

(C) The contracts as provided for in this section may be	63040
terminated by a majority vote of the board of education. Except as	63041
provided in ~~section~~sections 3319.0810 and 3319.172 of the Revised	63042
Code, the contracts may be terminated only for violation of	63043
written rules and regulations as set forth by the board of	63044
education or for incompetency, inefficiency, dishonesty,	63045
drunkenness, immoral conduct, insubordination, discourteous	63046
treatment of the public, neglect of duty, or any other acts of	63047
misfeasance, malfeasance, or nonfeasance. In addition to the right	63048
of the board of education to terminate the contract of an	63049
employee, the board may suspend an employee for a definite period	63050
of time or demote the employee for the reasons set forth in this	63051
division. The action of the board of education terminating the	63052
contract of an employee or suspending or demoting the employee	63053
shall be served upon the employee by certified mail. Within ten	63054
days following the receipt of such notice by the employee, the	63055
employee may file an appeal, in writing, with the court of common	63056
pleas of the county in which such school board is situated. After	63057
hearing the appeal the common pleas court may affirm, disaffirm,	63058
or modify the action of the school board.	63059

A violation of division (A)(7) of section 2907.03 of the	63060
Revised Code is grounds for termination of employment of a	63061
nonteaching employee under this division.	63062

(D) All employees who have been employed by a school district	63063
where the provisions of Chapter 124. of the Revised Code do not	63064
apply, for a period of at least three years on November 24, 1967,	63065
shall hold continuing contracts of employment pursuant to this	63066
section.	63067

(E) Any nonteaching school employee may terminate the	63068
nonteaching school employee's contract of employment thirty days	63069
subsequent to the filing of a written notice of such termination	63070
with the treasurer of the board.	63071

(F) A person hired exclusively for the purpose of replacing a	63072
nonteaching school employee while such employee is on leave of	63073
absence granted under section 3319.13 of the Revised Code is not a	63074
regular nonteaching school employee under this section.	63075

(G) All nonteaching employees employed pursuant to this	63076
section and Chapter 124. of the Revised Code shall be paid for all	63077
time lost when the schools in which they are employed are closed	63078
owing to an epidemic or other public calamity. Nothing in this	63079
division shall be construed as requiring payment in excess of an	63080
employee's regular wage rate or salary for any time worked while	63081
the school in which the employee is employed is officially closed	63082
for the reasons set forth in this division.	63083

Sec. 3319.0810. (A) The board of education of any school	63084
district wherein the provisions of Chapter 124. of the Revised	63085
Code do not apply may terminate any of its transportation staff	63086
positions for reasons of economy and efficiency if the board	63087
instead of employing its own staff to transport some or all of the	63088
students enrolled in the district schools enters into a contract	63089
with an independent agent for the provision of transportation	63090
services for such students. Such a contract may be entered into	63091
only if all of the following conditions are satisfied:	63092

(1) Any collective bargaining agreement between the employee	63093
organization representing the employees whose positions are	63094
terminated under this section and the board has expired or will	63095
expire within sixty days and has not been renewed in conformance	63096
with provisions of that agreement and with Chapter 4117. of the	63097
Revised Code, or the agreement contains provisions permitting the	63098
termination of positions for reasons of economy and efficiency	63099
while the agreement is in force and the board is in conformance	63100
with those provisions.	63101

(2) The board permits any employee whose position is	63102
terminated under this section to fill any vacancy within the	63103
district's organization for which the employee is qualified. The	63104
board shall select from among similarly qualified employees to	63105
fill such vacancies pursuant to procedures established under any	63106
collective bargaining agreement between the employee organization	63107
representing the terminated employees and the board that is in	63108
force at the time of the termination, or in absence of such	63109
provisions on the basis of seniority of employment by the board	63110
with the employee with the greatest seniority having highest	63111
priority.	63112

(3) Unless a collective bargaining agreement between the	63113
employee organization representing the terminated employees and	63114
the board that is in force at the time of the termination provides	63115
otherwise, the board permits any employee whose position is	63116
terminated under this section to fill the employee's former	63117
position in the event that the board reinstates that position	63118
within one year after the date the position is terminated under	63119
this section.	63120

(4) The board permits any employee whose position is	63121
terminated under this section to appeal in accordance with section	63122
119.12 of the Revised Code the board's decision to terminate the	63123
employee's position, not to hire that employee for another	63124
position pursuant to division (A)(2) of this section, or not to	63125
rehire that employee for the position if it is reinstated within	63126
one year after the position is terminated pursuant to division	63127
(A)(3) of this section.	63128

(5) The contract entered into by the board and an independent	63129
agent for the provision of transportation services contains a	63130
stipulation requiring the agent to consider hiring any employees	63131
of the school district whose positions are terminated under this	63132
section for similar positions within the agent's organization.	63133

(6) The contract entered into by the board and an independent	63134
agent for the provision of transportation services contains a	63135
stipulation requiring the agent to recognize for purposes of	63136
employee representation in collective bargaining any employee	63137
organization that represented the employees whose positions are	63138
terminated under this section in collective bargaining with the	63139
board at the time of the termination provided:	63140

(a) A majority of all employees in the bargaining unit agree	63141
to such representation;	63142

(b) Such representation is not prohibited by federal law,	63143
including any ruling of the national labor relations board;	63144

(c) The employee organization is not prohibited from	63145
representing nonpublic employees by other provisions of law or its	63146
own governing instruments.	63147

However, any employee whose position is terminated under this	63148
section shall not be compelled to be included in such bargaining	63149
unit if there is another bargaining unit within the agent's	63150
organization that is applicable to the employee.	63151

(B) If after terminating any positions of employment under	63152
this section the board fails to comply with any condition	63153
prescribed in division (A) of this section or fails to enforce on	63154
the agent its contractual obligations prescribed in divisions	63155
(A)(5) and (6) of this section, the terminations shall be void and	63156
the board shall reinstate the positions and fill them with the	63157
employees who filled those positions just prior to the	63158
terminations. Such employees shall be compensated at a rate equal	63159
to their rate of compensation in those positions just prior to the	63160
terminations plus any increases paid since the terminations to	63161
other nonteaching employees. The employees shall also be entitled	63162
to back pay at such rate for the period from the date of the	63163
terminations to the date of the reinstatements minus any pay	63164
received by the employees during any time the board was in	63165
compliance with such conditions or during any time the board	63166
enforced those obligations.	63167

Any employee aggrieved by the failure of the board to comply	63168
with any condition prescribed in division (A) of this section or	63169
to enforce on the agent its contractual obligations prescribed in	63170
divisions (A)(5) and (6) of this section shall have the right to	63171
sue the board for reinstatement of the employee's former position	63172
as provided for in this division in the court of common pleas for	63173
the county in which the school district is located or, if the	63174
school district is located in more than one county, in the court	63175
of common pleas for the county in which the majority of the	63176
territory of the school district is located.	63177

Sec. 3319.11. (A) As used in this section:

63178

(1) "Evaluation procedures" means the procedures required by	63179
the policy adopted pursuant to division ~~(B)~~(A) of section 3319.111	63180
of the Revised Code.	63181

(2) "Limited contract" means a limited contract, as described	63182
in section 3319.08 of the Revised Code, that a school district	63183
board of education or governing board of an educational service	63184
center enters into with a teacher who is not eligible for	63185
continuing service status.	63186

(3) "Extended limited contract" means a limited contract, as	63187
described in section 3319.08 of the Revised Code, that a board of	63188
education or governing board enters into with a teacher who is	63189
eligible for continuing service status.	63190

(B) Teachers eligible for continuing service status in any	63191
city, exempted village, local, or joint vocational school district	63192
or educational service center shall be those teachers qualified as	63193
described in division (D) of section 3319.08 of the Revised Code,	63194
who within the last five years have taught for at least three	63195
years in the district or center, and those teachers who, having	63196
attained continuing contract status elsewhere, have served two	63197
years in the district or center, but the board, upon the	63198
recommendation of the superintendent, may at the time of	63199
employment or at any time within such two-year period, declare any	63200
of the latter teachers eligible.	63201

(1) Upon the recommendation of the superintendent that a	63202
teacher eligible for continuing service status be reemployed, a	63203
continuing contract shall be entered into between the board and	63204
the teacher unless the board by a three-fourths vote of its full	63205
membership rejects the recommendation of the superintendent. If	63206
the board rejects by a three-fourths vote of its full membership	63207
the recommendation of the superintendent that a teacher eligible	63208
for continuing service status be reemployed and the superintendent	63209
makes no recommendation to the board pursuant to division (C) of	63210
this section, the board may declare its intention not to reemploy	63211
the teacher by giving the teacher written notice on or before the	63212
thirtieth day of April of its intention not to reemploy the	63213
teacher. If evaluation procedures have not been complied with	63214
pursuant to ~~division (A) of~~ section 3319.111 of the Revised Code	63215
or the board does not give the teacher written notice on or before	63216
the thirtieth day of April of its intention not to reemploy the	63217
teacher, the teacher is deemed reemployed under an extended	63218
limited contract for a term not to exceed one year at the same	63219
salary plus any increment provided by the salary schedule. The	63220
teacher is presumed to have accepted employment under the extended	63221
limited contract for a term not to exceed one year unless such	63222
teacher notifies the board in writing to the contrary on or before	63223
the first day of June, and an extended limited contract for a term	63224
not to exceed one year shall be executed accordingly. Upon any	63225
subsequent reemployment of the teacher only a continuing contract	63226
may be entered into.	63227

(2) If the superintendent recommends that a teacher eligible	63228
for continuing service status not be reemployed, the board may	63229
declare its intention not to reemploy the teacher by giving the	63230
teacher written notice on or before the thirtieth day of April of	63231
its intention not to reemploy the teacher. If evaluation	63232
procedures have not been complied with pursuant to ~~division (A) of~~	63233
section 3319.111 of the Revised Code or the board does not give	63234
the teacher written notice on or before the thirtieth day of April	63235
of its intention not to reemploy the teacher, the teacher is	63236
deemed reemployed under an extended limited contract for a term	63237
not to exceed one year at the same salary plus any increment	63238
provided by the salary schedule. The teacher is presumed to have	63239
accepted employment under the extended limited contract for a term	63240
not to exceed one year unless such teacher notifies the board in	63241
writing to the contrary on or before the first day of June, and an	63242
extended limited contract for a term not to exceed one year shall	63243
be executed accordingly. Upon any subsequent reemployment of a	63244
teacher only a continuing contract may be entered into.	63245

(3) Any teacher receiving written notice of the intention of	63246
a board not to reemploy such teacher pursuant to this division is	63247
entitled to the hearing provisions of division (G) of this	63248
section.	63249

(C)(1) If a board rejects the recommendation of the	63250
superintendent for reemployment of a teacher pursuant to division	63251
(B)(1) of this section, the superintendent may recommend	63252
reemployment of the teacher, if continuing service status has not	63253
previously been attained elsewhere, under an extended limited	63254
contract for a term not to exceed two years, provided that written	63255
notice of the superintendent's intention to make such	63256
recommendation has been given to the teacher with reasons directed	63257
at the professional improvement of the teacher on or before the	63258
thirtieth day of April. Upon subsequent reemployment of the	63259
teacher only a continuing contract may be entered into.	63260

(2) If a board of education takes affirmative action on a	63261
superintendent's recommendation, made pursuant to division (C)(1)	63262
of this section, of an extended limited contract for a term not to	63263
exceed two years but the board does not give the teacher written	63264
notice of its affirmative action on the superintendent's	63265
recommendation of an extended limited contract on or before the	63266
thirtieth day of April, the teacher is deemed reemployed under a	63267
continuing contract at the same salary plus any increment provided	63268
by the salary schedule. The teacher is presumed to have accepted	63269
employment under such continuing contract unless such teacher	63270
notifies the board in writing to the contrary on or before the	63271
first day of June, and a continuing contract shall be executed	63272
accordingly.	63273

(3) A board shall not reject a superintendent's	63274
recommendation, made pursuant to division (C)(1) of this section,	63275
of an extended limited contract for a term not to exceed two years	63276
except by a three-fourths vote of its full membership. If a board	63277
rejects by a three-fourths vote of its full membership the	63278
recommendation of the superintendent of an extended limited	63279
contract for a term not to exceed two years, the board may declare	63280
its intention not to reemploy the teacher by giving the teacher	63281
written notice on or before the thirtieth day of April of its	63282
intention not to reemploy the teacher. If evaluation procedures	63283
have not been complied with pursuant to ~~division (A) of~~ section	63284
3319.111 of the Revised Code or if the board does not give the	63285
teacher written notice on or before the thirtieth day of April of	63286
its intention not to reemploy the teacher, the teacher is deemed	63287
reemployed under an extended limited contract for a term not to	63288
exceed one year at the same salary plus any increment provided by	63289
the salary schedule. The teacher is presumed to have accepted	63290
employment under the extended limited contract for a term not to	63291
exceed one year unless such teacher notifies the board in writing	63292
to the contrary on or before the first day of June, and an	63293
extended limited contract for a term not to exceed one year shall	63294
be executed accordingly. Upon any subsequent reemployment of the	63295
teacher only a continuing contract may be entered into.	63296

Any teacher receiving written notice of the intention of a	63297
board not to reemploy such teacher pursuant to this division is	63298
entitled to the hearing provisions of division (G) of this	63299
section.	63300

(D) A teacher eligible for continuing contract status	63301
employed under an extended limited contract pursuant to division	63302
(B) or (C) of this section, is, at the expiration of such extended	63303
limited contract, deemed reemployed under a continuing contract at	63304
the same salary plus any increment granted by the salary schedule,	63305
unless evaluation procedures have been complied with pursuant to	63306
~~division (A) of~~ section 3319.111 of the Revised Code and the	63307
employing board, acting on the superintendent's recommendation	63308
that the teacher not be reemployed, gives the teacher written	63309
notice on or before the thirtieth day of April of its intention	63310
not to reemploy such teacher. A teacher who does not have	63311
evaluation procedures applied in compliance with ~~division (A) of~~	63312
section 3319.111 of the Revised Code or who does not receive	63313
notice on or before the thirtieth day of April of the intention of	63314
the board not to reemploy such teacher is presumed to have	63315
accepted employment under a continuing contract unless such	63316
teacher notifies the board in writing to the contrary on or before	63317
the first day of June, and a continuing contract shall be executed	63318
accordingly.	63319

Any teacher receiving a written notice of the intention of a	63320
board not to reemploy such teacher pursuant to this division is	63321
entitled to the hearing provisions of division (G) of this	63322
section.	63323

(E) AThe board shall enter into a limited contract ~~may be~~	63324
~~entered into by each board with each teacher who has not been in~~	63325
~~the employ of the board for at least three years and shall be~~	63326
~~entered into, regardless of length of previous employment,~~ with	63327
each teacher employed by the board who is not eligible to be	63328
considered for a continuing contract.	63329

Any teacher employed under a limited contract, and not	63330
eligible to be considered for a continuing contract, is, at the	63331
expiration of such limited contract, considered reemployed under	63332
the provisions of this division at the same salary plus any	63333
increment provided by the salary schedule unless evaluation	63334
procedures have been complied with pursuant to ~~division (A) of~~	63335
section 3319.111 of the Revised Code and the employing board,	63336
acting upon the superintendent's written recommendation that the	63337
teacher not be reemployed, gives such teacher written notice of	63338
its intention not to reemploy such teacher on or before the	63339
thirtieth day of April. A teacher who does not have evaluation	63340
procedures applied in compliance with ~~division (A) of~~ section	63341
3319.111 of the Revised Code or who does not receive notice of the	63342
intention of the board not to reemploy such teacher on or before	63343
the thirtieth day of April is presumed to have accepted such	63344
employment unless such teacher notifies the board in writing to	63345
the contrary on or before the first day of June, and a written	63346
contract for the succeeding school year shall be executed	63347
accordingly.	63348

Any teacher receiving a written notice of the intention of a	63349
board not to reemploy such teacher pursuant to this division is	63350
entitled to the hearing provisions of division (G) of this	63351
section.	63352

(F) The failure of a superintendent to make a recommendation	63353
to the board under any of the conditions set forth in divisions	63354
(B) to (E) of this section, or the failure of the board to give	63355
such teacher a written notice pursuant to divisions (C) to (E) of	63356
this section shall not prejudice or prevent a teacher from being	63357
deemed reemployed under either a limited or continuing contract as	63358
the case may be under the provisions of this section. A failure of	63359
the parties to execute a written contract shall not void any	63360
automatic reemployment provisions of this section.	63361

(G)(1) Any teacher receiving written notice of the intention	63362
of a board of education not to reemploy such teacher pursuant to	63363
division (B), (C)(3), (D), or (E) of this section may, within ten	63364
days of the date of receipt of the notice, file with the treasurer	63365
of the board a written demand for a written statement describing	63366
the circumstances that led to the board's intention not to	63367
reemploy the teacher.	63368

(2) The treasurer of a board, on behalf of the board, shall,	63369
within ten days of the date of receipt of a written demand for a	63370
written statement pursuant to division (G)(1) of this section,	63371
provide to the teacher a written statement describing the	63372
circumstances that led to the board's intention not to reemploy	63373
the teacher.	63374

(3) Any teacher receiving a written statement describing the	63375
circumstances that led to the board's intention not to reemploy	63376
the teacher pursuant to division (G)(2) of this section may,	63377
within five days of the date of receipt of the statement, file	63378
with the treasurer of the board a written demand for a hearing	63379
before the board pursuant to divisions (G)(4) to (6) of this	63380
section.	63381

(4) The treasurer of a board, on behalf of the board, shall,	63382
within ten days of the date of receipt of a written demand for a	63383
hearing pursuant to division (G)(3) of this section, provide to	63384
the teacher a written notice setting forth the time, date, and	63385
place of the hearing. The board shall schedule and conclude the	63386
hearing within forty days of the date on which the treasurer of	63387
the board receives a written demand for a hearing pursuant to	63388
division (G)(3) of this section.	63389

(5) Any hearing conducted pursuant to this division shall be	63390
conducted by a majority of the members of the board. The hearing	63391
shall be held in executive session of the board unless the board	63392
and the teacher agree to hold the hearing in public. The	63393
superintendent, assistant superintendent, the teacher, and any	63394
person designated by either party to take a record of the hearing	63395
may be present at the hearing. The board may be represented by	63396
counsel and the teacher may be represented by counsel or a	63397
designee. A record of the hearing may be taken by either party at	63398
the expense of the party taking the record.	63399

(6) Within ten days of the conclusion of a hearing conducted	63400
pursuant to this division, the board shall issue to the teacher a	63401
written decision containing an order affirming the intention of	63402
the board not to reemploy the teacher reported in the notice given	63403
to the teacher pursuant to division (B), (C)(3), (D), or (E) of	63404
this section or an order vacating the intention not to reemploy	63405
and expunging any record of the intention, notice of the	63406
intention, and the hearing conducted pursuant to this division.	63407

(7) A teacher may appeal an order affirming the intention of	63408
the board not to reemploy the teacher to the court of common pleas	63409
of the county in which the largest portion of the territory of the	63410
school district or service center is located, within thirty days	63411
of the date on which the teacher receives the written decision, on	63412
the grounds that the board has not complied with this section or	63413
section 3319.111 of the Revised Code.	63414

Notwithstanding section 2506.04 of the Revised Code, the	63415
court in an appeal under this division is limited to the	63416
determination of procedural errors and to ordering the correction	63417
of procedural errors and shall have no jurisdiction to order a	63418
board to reemploy a teacher, except that the court may order a	63419
board to reemploy a teacher in compliance with the requirements of	63420
division (B), (C)(3), (D), or (E) of this section when the court	63421
determines that evaluation procedures have not been complied with	63422
pursuant to ~~division (A) of~~ section 3319.111 of the Revised Code	63423
or the board has not given the teacher written notice on or before	63424
the thirtieth day of April of its intention not to reemploy the	63425
teacher pursuant to division (B), (C)(3), (D), or (E) of this	63426
section. Otherwise, the determination whether to reemploy or not	63427
reemploy a teacher is solely a board's determination and not a	63428
proper subject of judicial review and, except as provided in this	63429
division, no decision of a board whether to reemploy or not	63430
reemploy a teacher shall be invalidated by the court on any basis,	63431
including that the decision was not warranted by the results of	63432
any evaluation or was not warranted by any statement given	63433
pursuant to division (G)(2) of this section.	63434

No appeal of an order of a board may be made except as	63435
specified in this division.	63436

(H)(1) In giving a teacher any notice required by division	63437
(B), (C), (D), or (E) of this section, the board or the	63438
superintendent shall do either of the following:	63439

(a) Deliver the notice by personal service upon the teacher;

63440

(b) Deliver the notice by certified mail, return receipt	63441
requested, addressed to the teacher at the teacher's place of	63442
employment and deliver a copy of the notice by certified mail,	63443
return receipt requested, addressed to the teacher at the	63444
teacher's place of residence.	63445

(2) In giving a board any notice required by division (B),	63446
(C), (D), or (E) of this section, the teacher shall do either of	63447
the following:	63448

(a) Deliver the notice by personal delivery to the office of	63449
the superintendent during regular business hours;	63450

(b) Deliver the notice by certified mail, return receipt	63451
requested, addressed to the office of the superintendent and	63452
deliver a copy of the notice by certified mail, return receipt	63453
requested, addressed to the president of the board at the	63454
president's place of residence.	63455

(3) When any notice and copy of the notice are mailed	63456
pursuant to division (H)(1)(b) or (2)(b) of this section, the	63457
notice or copy of the notice with the earlier date of receipt	63458
shall constitute the notice for the purposes of division (B), (C),	63459
(D), or (E) of this section.	63460

(I) The provisions of this section shall not apply to any	63461
supplemental written contracts entered into pursuant to section	63462
3319.08 of the Revised Code.	63463

Sec. 3319.111. (A) ~~Any~~Not later than July 1, 2013, the	63464
board of education ~~that~~of each school district, in consultation	63465
with teachers employed by the board, shall adopt a standards-based	63466
teacher evaluation policy that conforms with the framework for	63467
evaluation of teachers developed under section 3319.112 of the	63468
Revised Code. The policy shall become operative at the expiration	63469
of any collective bargaining agreement covering teachers employed	63470
by the board that is in effect on the effective date of this	63471
section and shall be included in any renewal or extension of such	63472
an agreement.	63473

(B) When using measures of student academic growth as a	63474
component of a teacher's evaluation, those measures shall include	63475
the value-added progress dimension prescribed by section 3302.021	63476
of the Revised Code. For teachers of grade levels and subjects for	63477
which the value-added progress dimension is not applicable, the	63478
board shall administer assessments on the list developed under	63479
division (B)(2) of section 3319.112 of the Revised Code.	63480

(C)(1) The board shall conduct an evaluation of each teacher	63481
employed by the board at least once each school year, except as	63482
provided in divisions (C)(2) and (3) of this section. The	63483
evaluation shall be completed by the first day of April and the	63484
teacher shall receive a written report of the results of the	63485
evaluation by the tenth day of April.	63486

(2) If the board has entered into ~~any~~a limited contract or	63487
extended limited contract with athe teacher pursuant to section	63488
3319.11 of the Revised Code, the board shall evaluate ~~such a~~the	63489
teacher ~~in compliance with the requirements of this section~~at	63490
least twice in any school year in which the board may wish to	63491
declare its intention not to re-employ the teacher pursuant to	63492
division (B), (C)(3), (D), or (E) of that section ~~3319.11 of the~~	63493
~~Revised Code.~~	63494

~~This evaluation shall be conducted at least twice in the~~	63495
~~school year in which the board may wish to declare its intention~~	63496
~~not to re-employ the teacher~~. One evaluation shall be conducted	63497
and completed not later than the fifteenth day of January and the	63498
teacher being evaluated shall receive a written report of the	63499
results of this evaluation not later than the twenty-fifth day of	63500
January. One evaluation shall be conducted and completed between	63501
the tenth day of February and the first day of April and the	63502
teacher being evaluated shall receive a written report of the	63503
results of this evaluation not later than the tenth day of April.	63504

(3) The board may elect, by adoption of a resolution, to	63505
evaluate each teacher who received a rating of accomplished on the	63506
teacher's most recent evaluation conducted under this section once	63507
every two school years. In that case, the biennial evaluation	63508
shall be completed by the first day of April of the applicable	63509
school year, and the teacher shall receive a written report of the	63510
results of the evaluation by the tenth day of April of that school	63511
year.	63512

~~Any~~(D) Each evaluation conducted pursuant to this section	63513
shall be conducted by one or more of the following:	63514

(1) A person who is under contract with athe board of	63515
~~education~~ pursuant to section 3319.01 or 3319.02 of the Revised	63516
Code and holds a license designated for being a superintendent,	63517
assistant superintendent, or principal issued under section	63518
3319.22 of the Revised Code;	63519

(2) A person who is under contract with athe board of	63520
~~education~~ pursuant to section 3319.02 of the Revised Code and	63521
holds a license designated for being a vocational director or a	63522
supervisor in any educational area issued under section 3319.22 of	63523
the Revised Code;	63524

(3) A person designated to conduct evaluations under an	63525
agreement providing for peer review entered into by athe board of	63526
~~education~~ and representatives of teachers employed by ~~that~~the	63527
board.	63528

~~(B) Any board of education evaluating a teacher pursuant to~~	63529
~~this section shall adopt evaluation procedures that shall be~~	63530
~~applied each time a teacher is evaluated pursuant to this section.~~	63531
~~These evaluation procedures shall include, but not be limited to:~~	63532

~~(1) Criteria of expected job performance in the areas of~~	63533
~~responsibility assigned to the teacher being evaluated;~~	63534

~~(2) Observation of the teacher being evaluated by the person~~	63535
~~conducting the evaluation on at least two occasions for not less~~	63536
~~than thirty minutes on each occasion;~~	63537

~~(3) A written report of the results of the evaluation that~~	63538
~~includes specific recommendations regarding any improvements~~	63539
~~needed in the performance of the teacher being evaluated and~~	63540
~~regarding the means by which the teacher may obtain assistance in~~	63541
~~making such improvements.~~	63542

~~(C)~~(E) The board shall include in its evaluation policy	63543
procedures for using the evaluation results for retention and	63544
promotion decisions and for removal of poorly performing teachers.	63545
Seniority shall not be the basis for a decision to retain a	63546
teacher, except when making a decision between teachers who have	63547
comparable evaluations.	63548

(F) This section does not apply to ~~teachers~~superintendents	63549
and administrators subject to evaluation procedures under sections	63550
3319.01 and 3319.02 of the Revised Code or to any teacher employed	63551
as a substitute for less than one hundred twenty days during a	63552
school year pursuant to section 3319.10 of the Revised Code.	63553

Sec. 3319.112. (A) Not later than December 31, 2011, the	63554
state board of education shall develop a standards-based state	63555
framework for the evaluation of teachers. The framework shall	63556
establish an evaluation system that does the following:	63557

(1) Provides for multiple evaluation factors, including	63558
student academic growth which shall account for fifty per cent of	63559
each evaluation;	63560

(2) Is aligned with the standards for teachers adopted under	63561
section 3319.61 of the Revised Code;	63562

(3) Requires observation of the teacher being evaluated,	63563
including at least two formal observations by the evaluator of at	63564
least thirty minutes each and classroom walkthroughs;	63565

(4) Assigns a rating on each evaluation in accordance with	63566
division (B) of this section;	63567

(5) Requires each teacher to be provided with a written	63568
report of the results of the teacher's evaluation;	63569

(6) Identifies measures of student academic growth for grade	63570
levels and subjects for which the value-added progress dimension	63571
prescribed by section 3302.021 of the Revised Code does not apply;	63572

(7) Implements a classroom-level, value-added program	63573
developed by a nonprofit organization described in division (B) of	63574
section 3302.021 of the Revised Code;	63575

(8) Provides for professional development to accelerate and	63576
continue teacher growth and provide support to poorly performing	63577
teachers;	63578

(9) Provides for the allocation of financial resources to	63579
support professional development.	63580

(B) For purposes of the framework developed under this	63581
section, the state board also shall do the following:	63582

(1) Develop specific standards and criteria that distinguish	63583
between the following levels of performance for teachers and	63584
principals for the purpose of assigning ratings on the evaluations	63585
conducted under sections 3319.02 and 3319.111 of the Revised Code:	63586

(a) Accomplished;

63587

(b) Proficient;

63588

63589

(d) Ineffective.

63590

(2) For grade levels and subjects for which the assessments	63591
prescribed under sections 3301.0710 and 3301.0712 of the Revised	63592
Code and the value-added progress dimension prescribed by section	63593
3302.021 of the Revised Code do not apply, develop a list of	63594
student assessments that measure mastery of the course content for	63595
the appropriate grade level, which may include nationally normed	63596
standardized assessments, industry certification examinations, or	63597
end-of-course examinations.	63598

(C) The state board shall consult with experts, teachers and	63599
principals employed in public schools, and representatives of	63600
stakeholder groups in developing the standards and criteria	63601
required by division (B)(1) of this section.	63602

(D) To assist school districts in developing evaluation	63603
policies under sections 3319.02 and 3319.111 of the Revised Code,	63604
the department shall do both of the following:	63605

(1) Serve as a clearinghouse of promising evaluation	63606
procedures and evaluation models that districts may use;	63607

(2) Provide technical assistance to districts in creating	63608
evaluation policies.	63609

Sec. 3319.141. Each person who is employed by any board of	63610
education in this state, except for substitutes, adult education	63611
instructors who are scheduled to work the full-time equivalent of	63612
less than one hundred twenty days per school year, or persons who	63613
are employed on an as-needed, seasonal, or intermittent basis,	63614
shall be entitled to fifteen days sick leave with pay, for each	63615
year under contract, which shall be credited at the rate of one	63616
and one-fourth days per month. Teachers and regular nonteaching	63617
school employees, upon approval of the responsible administrative	63618
officer of the school district, may use sick leave for absence due	63619
to personal illness, pregnancy, injury, exposure to contagious	63620
disease which could be communicated to others, and for absence due	63621
to illness, injury, or death in the employee's immediate family.	63622
Unused sick leave shall be cumulative up to one hundred twenty	63623
work days, unless more than one hundred twenty days are approved	63624
by the employing board of education. The previously accumulated	63625
sick leave of a person who has been separated from public service,	63626
whether accumulated pursuant to section 124.38 of the Revised Code	63627
or pursuant to this section, shall be placed to ~~his~~the person's	63628
credit upon ~~his~~ re-employment in the public service, provided that	63629
such re-employment takes place within ten years of the date of the	63630
last termination from public service. A teacher or nonteaching	63631
school employee who transfers from one public agency to another	63632
shall be credited with the unused balance of ~~his~~the teacher's or	63633
nonteaching employee's accumulated sick leave up to the maximum of	63634
the sick leave accumulation permitted in the public agency to	63635
which the employee transfers. Teachers and nonteaching school	63636
employees who render regular part-time, ~~seasonal, intermittent,~~	63637
per diem, or hourly service shall be entitled to sick leave for	63638
the time actually worked at the same rate as that granted like	63639
full-time employees, calculated in the same manner as the ratio of	63640
sick leave granted to hours of service established by section	63641
124.38 of the Revised Code. Each board of education may establish	63642
regulations for the entitlement, crediting and use of sick leave	63643
by those substitute teachers employed by such board pursuant to	63644
section 3319.10 of the Revised Code who are not otherwise entitled	63645
to sick leave pursuant to such section. A board of education shall	63646
require a teacher or nonteaching school employee to furnish a	63647
written, signed statement on forms prescribed by such board to	63648
justify the use of sick leave. If medical attention is required,	63649
the employee's statement shall list the name and address of the	63650
attending physician and the dates when hethe physician was	63651
consulted. Nothing in this section shall be construed to waive the	63652
physician-patient privilege provided by section 2317.02 of the	63653
Revised Code. Falsification of a statement is grounds for	63654
suspension or termination of employment under sections 3319.081	63655
and 3319.16 of the Revised Code. No sick leave shall be granted or	63656
credited to a teacher after ~~his~~the teacher's retirement or	63657
termination of employment.	63658

Except to the extent used as sick leave, leave granted under	63659
regulations adopted by a board of education pursuant to section	63660
3319.08 of the Revised Code shall not be charged against sick	63661
leave earned or earnable under this section. Nothing in this	63662
section shall be construed to affect in any other way the granting	63663
of leave pursuant to section 3319.08 of the Revised Code and any	63664
granting of sick leave pursuant to such section shall be charged	63665
against sick leave accumulated pursuant to this section.	63666

This section shall not be construed to interfere with any	63667
unused sick leave credit in any agency of government where	63668
attendance records are maintained and credit has been given for	63669
unused sick leave. Unused sick leave accumulated by teachers and	63670
nonteaching school employees under section 124.38 of the Revised	63671
Code shall continue to be credited toward the maximum accumulation	63672
permitted in accordance with this section. Each newly hired	63673
regular nonteaching and each regular nonteaching employee of any	63674
board of education who has exhausted ~~his~~the employee's	63675
accumulated sick leave shall be entitled to an advancement of not	63676
less than five days of sick leave each year, as authorized by	63677
rules which each board shall adopt, to be charged against the sick	63678
leave hethe employee subsequently accumulates under this section.	63679

This section shall be uniformly administered.

63680

Sec. 3319.17. (A) As used in this section, "interdistrict	63681
contract" means any contract or agreement entered into by an	63682
educational service center governing board and another board or	63683
other public entity pursuant to section 3313.17, 3313.841,	63684
3313.842, 3313.843, 3313.844, 3313.845, 3313.91, or 3323.08 of the	63685
Revised Code, including any such contract or agreement for the	63686
provision of services funded under division ~~(I)~~(E) of section	63687
3317.024 of the Revised Code or provided in any unit approved	63688
under section 3317.05 of the Revised Code.	63689

(B) When, for any of the following reasons that apply to any	63690
city, exempted village, local, or joint vocational school district	63691
or any educational service center, the board decides that it will	63692
be necessary to reduce the number of teachers it employs, it may	63693
make a reasonable reduction:	63694

(1) In the case of any district or service center, return to	63695
duty of regular teachers after leaves of absence including ~~leaves~~	63696
~~provided pursuant to division (B) of section 3314.10 of the~~	63697
~~Revised Code,~~ suspension of schools, territorial changes affecting	63698
the district or center, or financial reasons;	63699

(2) In the case of any city, exempted village, local, or	63700
joint vocational school district, decreased enrollment of pupils	63701
in the district;	63702

(3) In the case of any governing board of a service center	63703
providing any particular service directly to pupils pursuant to	63704
one or more interdistrict contracts requiring such service,	63705
reduction in the total number of pupils the governing board is	63706
required to provide with the service under all interdistrict	63707
contracts as a result of the termination or nonrenewal of one or	63708
more of these interdistrict contracts;	63709

(4) In the case of any governing board providing any	63710
particular service that it does not provide directly to pupils	63711
pursuant to one or more interdistrict contracts requiring such	63712
service, reduction in the total level of the service the governing	63713
board is required to provide under all interdistrict contracts as	63714
a result of the termination or nonrenewal of one or more of these	63715
interdistrict contracts.	63716

(C) In making any such reduction, any city, exempted village,	63717
local, or joint vocational school board shall proceed to suspend	63718
contracts in accordance with the recommendation of the	63719
superintendent of schools who shall, within each teaching field	63720
affected, give preference ~~first~~ to teachers on continuing	63721
contracts ~~and then to teachers who have greater seniority. In~~	63722
~~making any such reduction, any governing board of a service center~~	63723
~~shall proceed to suspend contracts in accordance with the~~	63724
~~recommendation of the superintendent who shall, within each~~	63725
~~teaching field or service area affected, give preference first to~~	63726
~~teachers on continuing contracts and then to teachers who have~~	63727
~~greater seniority~~. The board shall not give preference to any	63728
teacher based on seniority, except when making a decision between	63729
teachers who have comparable evaluations.	63730

On a case-by-case basis, in lieu of suspending a contract in	63731
whole, a board may suspend a contract in part, so that an	63732
individual is required to work a percentage of the time the	63733
employee otherwise is required to work under the contract and	63734
receives a commensurate percentage of the full compensation the	63735
employee otherwise would receive under the contract.	63736

The teachers whose continuing contracts are suspended by any	63737
board pursuant to this section shall have the right of restoration	63738
to continuing service status by that board ~~in the order of~~	63739
~~seniority of service in the district or service center~~ if and when	63740
teaching positions become vacant or are created for which any of	63741
such teachers are or become qualified. No teacher whose continuing	63742
contract has been suspended pursuant to this section shall lose	63743
that right of restoration to continuing service status by reason	63744
of having declined recall to a position that is less than	63745
full-time or, if the teacher was not employed full-time just prior	63746
to suspension of the teacher's continuing contract, to a position	63747
requiring a lesser percentage of full-time employment than the	63748
position the teacher last held while employed in the district or	63749
service center. Seniority shall not be the basis for rehiring a	63750
teacher, except when making a decision between teachers who have	63751
comparable evaluations.	63752

(D) Notwithstanding any provision to the contrary in Chapter	63753
4117. of the Revised Code~~, the~~:	63754

(1) The requirements of this section, as it existed prior to	63755
the effective date of this amendment, prevail over any conflicting	63756
provisions of agreements between employee organizations and public	63757
employers entered into ~~after~~between September 29, 2005, and that	63758
effective date;	63759

(2) The requirements of this section, as it exists on and	63760
after the effective date of this amendment, prevail over any	63761
conflicting provisions of agreements between employee	63762
organizations and public employers entered into on or after that	63763
effective date.	63764

Sec. 3319.18. If an entire school district or that part of a	63765
school district which comprises the territory in which a school is	63766
situated is transferred to any other district, or if a new school	63767
district is created, the teachers in such districts or schools	63768
employed on continuing contracts immediately prior to such	63769
transfer, or creation shall, subject to section 3319.17 or	63770
3319.171 of the Revised Code, have continuing service status in	63771
the newly created district, or in the district to which the	63772
territory is transferred.	63773

The limited contracts of the teachers employed in such	63774
districts or schools immediately prior to such transfer, or	63775
creation, shall become the legal obligations of the board of	63776
education in the newly created district, or in the district to	63777
which the territory is transferred, subject to section 3319.17 or	63778
3319.171 of the Revised Code. The teaching experience of such	63779
teachers in such prior districts or schools shall be included in	63780
the three years of service required under section 3319.11 of the	63781
Revised Code for a teacher to become eligible for continuing	63782
service status.	63783

Teachers employed on limited or continuing contracts in an	63784
entire school district or that part of a school district which	63785
comprises the territory in which a school is situated which is	63786
transferred to any other district or which is merged with other	63787
school territory to create a new school district, shall be placed,	63788
on the effective date of such transfer or merger, on the salary	63789
schedule of the district to which the territory is transferred or	63790
the newly created district, according to their training and	63791
experience. Such experience shall be the total sum of the years	63792
taught in the district whose territory was transferred or merged	63793
to create a new district, plus the total number of years of	63794
teaching experience recognized by such previous district upon its	63795
first employment of such teachers.	63796

The placement of the teachers on the salary schedule,	63797
pursuant to this section, shall not result, however, in the salary	63798
of any teacher being less than the teacher's current annual salary	63799
for regular duties, in existence immediately prior to the merger	63800
or transfer.	63801

~~In making any reduction in the number of teachers under~~	63802
~~section 3319.17 of the Revised Code by reason of the transfer or~~	63803
~~consolidation of school territory, the years of teaching service~~	63804
~~of the teachers employed in the district or schools transferred to~~	63805
~~any other district or merged with any school territory to create a~~	63806
~~new district, shall be included as a part of the seniority on~~	63807
~~which the recommendation of the superintendent of schools shall be~~	63808
~~based, under section 3319.17 of the Revised Code. Such service~~	63809
~~shall have been continuous and shall include years of service in~~	63810
~~the previous district as well as the years of continuous service~~	63811
~~in any district which had been previously transferred to or~~	63812
~~consolidated to form such district.~~ When suspending contracts in	63813
accordance with an administrative personnel suspension policy	63814
adopted under section 3319.171 of the Revised Code, a board may	63815
consider years of teaching service in the previous district in its	63816
decision if it is a part of the suspension policy.	63817

Sec. 3319.19. (A) Except as provided in division (D) of this	63818
section or division (A)(2) of section 3313.37 of the Revised Code,	63819
upon request, the board of county commissioners shall provide and	63820
equip offices in the county for the use of the superintendent of	63821
an educational service center, and shall provide heat, light,	63822
water, and janitorial services for such offices. Such offices	63823
shall be the permanent headquarters of the superintendent and	63824
shall be used by the governing board of the service center when it	63825
is in session. Except as provided in division (B) of this section,	63826
such offices shall be located in the county seat or, upon the	63827
approval of the governing board, may be located outside of the	63828
county seat.	63829

(B) In the case of a service center formed under section	63830
3311.053 ~~or 3311.059~~ of the Revised Code, the governing board	63831
shall designate the site of its offices. Except as provided in	63832
division (D) of this section or division (A)(2) of section 3313.37	63833
of the Revised Code, the board of county commissioners of the	63834
county in which the designated site is located shall provide and	63835
equip the offices as under division (A) of this section, but the	63836
costs of such offices and equipment shall be apportioned among the	63837
boards of county commissioners of all counties having any	63838
territory in the area under the control of the governing board,	63839
according to the proportion of local school district pupils under	63840
the supervision of such board residing in the respective counties.	63841
Where there is a dispute as to the amount any board of county	63842
commissioners is required to pay, the probate judge of the county	63843
in which the greatest number of pupils under the supervision of	63844
the governing board reside shall apportion such costs among the	63845
boards of county commissioners and notify each such board of its	63846
share of the costs.	63847

(C) As used in division (C) of this section, in the case of a	63848
building, facility, or office space that a board of county	63849
commissioners leases or rents, "actual cost per square foot" means	63850
all cost on a per square foot basis incurred by the board under	63851
the lease or rental agreement. In the case of a building,	63852
facility, or office space that the board owns in fee simple,	63853
"actual cost per square foot" means the fair rental value on a per	63854
square foot basis of the building, facility, or office space	63855
either as compared to a similarly situated building, facility, or	63856
office space in the general vicinity or as calculated under a	63857
formula that accounts for depreciation, amortization of	63858
improvements, and other reasonable factors, including, but not	63859
limited to, parking space and other amenities.	63860

Not later than the thirty-first day of March of 2002, 2003,	63861
2004, and 2005 a board of county commissioners required to provide	63862
or equip offices pursuant to division (A) or (B) of this section	63863
shall make a written estimate of the total cost it will incur for	63864
the ensuing fiscal year to provide and equip the offices and to	63865
provide heat, light, water, and janitorial services for such	63866
offices. The total estimate of cost shall include:	63867

(1) The total square feet of space to be utilized by the	63868
educational service center;	63869

(2) The total square feet of any common areas that should be	63870
reasonably allocated to the center and the methodology for making	63871
this allocation;	63872

(3) The actual cost per square foot for both the space	63873
utilized by and the common area allocated to the center;	63874

(4) An explanation of the methodology used to determine the	63875
actual cost per square foot;	63876

(5) The estimated cost of providing heat, light, and water,	63877
including an explanation of how these costs were determined;	63878

(6) The estimated cost of providing janitorial services	63879
including an explanation of the methodology used to determine this	63880
cost;	63881

(7) Any other estimated costs that the board anticipates it	63882
will ~~occur~~incur and a detailed explanation of the costs and the	63883
rationale used to determine such costs.	63884

A copy of the total estimate of costs under this division	63885
shall be sent to the superintendent of the educational service	63886
center not later than the fifth day of April. The superintendent	63887
shall review the total estimate and shall notify the board of	63888
county commissioners not later than twenty days after receipt of	63889
the estimate of either agreement with the estimate or any specific	63890
objections to the estimates and the reasons for the objections. If	63891
the superintendent agrees with the estimate, it shall become the	63892
final total estimate of cost. Failure of the superintendent to	63893
make objections to the estimate by the twentieth day after receipt	63894
of it shall be deemed to mean that the superintendent is in	63895
agreement with the estimate.	63896

If the superintendent provides specific objections to the	63897
board of county commissioners, the board shall review the	63898
objections and may modify the original estimate and shall send a	63899
revised total estimate to the superintendent within ten days after	63900
the receipt of the superintendent's objections. The superintendent	63901
shall respond to the revised estimate within ten days after its	63902
receipt. If the superintendent agrees with it, it shall become the	63903
final total estimated cost. If the superintendent fails to respond	63904
within the required time, the superintendent shall be deemed to	63905
have agreed with the revised estimate. If the superintendent	63906
disagrees with the revised estimate, the superintendent shall send	63907
specific objections to the county commissioners.	63908

If a superintendent has sent specific objections to the	63909
revised estimate within the required time, the probate judge of	63910
the county which has the greatest number of resident local school	63911
district pupils under the supervision of the educational service	63912
center shall determine the final estimated cost and certify this	63913
amount to the superintendent and the board of county commissioners	63914
prior to the first day of July.	63915

(D)(1) A board of county commissioners shall be responsible	63916
for the following percentages of the final total estimated cost	63917
established by division (C) of this section:	63918

(a) Eighty per cent for fiscal year 2003;

63919

(b) Sixty per cent for fiscal year 2004;

63920

63921

(d) Twenty per cent for fiscal year 2006.

63922

In fiscal years 2003, 2004, 2005, and 2006 the educational	63923
service center shall be responsible for the remainder of any costs	63924
in excess of the amounts specified in division (D)(1)(a),(b), (c),	63925
or (d) of this section, as applicable, associated with the	63926
provision and equipment of offices for the educational service	63927
center and for provision of heat, light, water, and janitorial	63928
services for such offices, including any unanticipated or	63929
unexpected increases in the costs beyond the final estimated cost	63930
amount.	63931

Beginning in fiscal year 2007, no board of county	63932
commissioners shall have any obligation to provide and equip	63933
offices for an educational service center or to provide heat,	63934
light, water, or janitorial services for such offices.	63935

(2) Nothing in this section shall prohibit the board of	63936
county commissioners and the governing board of an educational	63937
service center from entering into a contract for providing and	63938
equipping offices for the use of an educational service center and	63939
for providing heat, light, water, and janitorial services for such	63940
offices. The term of any such contract shall not exceed a period	63941
of four years and may be renewed for additional periods not to	63942
exceed four years. Any such contract shall supersede the	63943
provisions of division (D)(1) of this section and no educational	63944
service center may be charged, at any time, any additional amount	63945
for the county's provision of an office and equipment, heat,	63946
light, water, and janitorial services beyond the amount specified	63947
in such contract.	63948

(3) No contract entered into under division (D)(2) of this	63949
section in any year prior to fiscal year 2007 between an	63950
educational service center formed under section 3311.053 or	63951
~~3311.059~~ of the Revised Code and the board of county commissioners	63952
required to provide and equip its office pursuant to division (B)	63953
of this section shall take effect unless the boards of county	63954
commissioners of all other counties required to participate in the	63955
funding for such offices pursuant to division (B) of this section	63956
adopt resolutions approving the contract.	63957

Sec. 3319.227. (A) Notwithstanding any other provision of	63958
the Revised Code or any rule adopted by the state board of	63959
education to the contrary, the state board shall issue a resident	63960
educator license under section 3319.22 of the Revised Code to each	63961
person who is assigned to teach in this state as a participant in	63962
the teach for America program and who meets the following	63963
conditions:	63964

(1) Holds a bachelor's degree from an accredited institution	63965
of higher education;	63966

(2) Maintained a cumulative undergraduate grade point average	63967
of at least 2.5 out of 4.0, or its equivalent;	63968

(3) Has passed an examination prescribed by the state board	63969
in the subject area to be taught;	63970

(4) Has successfully completed the summer training institute	63971
operated by teach for America.	63972

(B) The state board shall issue a resident educator license	63973
under this section for teaching in any grade level or subject area	63974
for which a person may obtain a resident educator license under	63975
section 3319.22 of the Revised Code. The state board shall not	63976
adopt rules establishing any additional qualifications for the	63977
license beyond those specified in this section.	63978

(C) Notwithstanding any other provision of the Revised Code	63979
or any rule adopted by the state board to the contrary, the state	63980
board shall issue a resident educator license under section	63981
3319.22 of the Revised Code to any applicant who has completed at	63982
least two years of teaching in another state as a participant in	63983
the teach for America program and meets all of the conditions of	63984
divisions (A)(1) to (4) of this section. The state board shall	63985
credit an applicant under this division as having completed two	63986
years of the teacher residency program under section 3319.223 of	63987
the Revised Code.	63988

(D) In order to place teachers in this state, the ~~Teach~~teach	63989
for America program shall enter into an agreement with one or more	63990
accredited four-year public or private institutions of higher	63991
education in the state to provide optional training of ~~Teach~~teach	63992
for America participants for the purpose of enabling those	63993
participants to complete an optional master's degree or an	63994
equivalent amount of coursework. Nothing in this division shall	63995
require any ~~Teach~~teach for America participant to complete a	63996
master's degree as a condition of holding a license issued under	63997
this section.	63998

Sec. 3319.228. (A) This section applies only to a person who	63999
meets the following conditions:	64000

(1) Holds a minimum of a baccalaureate degree;

64001

(2) Has been licensed and employed as a teacher in another	64002
state for each of the preceding five years;	64003

(3) Was initially licensed as a teacher in any state within	64004
the preceding fifteen years;	64005

(4) Has not had a teacher's license suspended or revoked in	64006
any state.	64007

(B)(1) Not later than July 1, 2012, the superintendent of	64008
public instruction shall develop a list of states that the	64009
superintendent considers to have standards for teacher licensure	64010
that are inadequate to ensure that a person to whom this section	64011
applies and who was most recently licensed to teach in that state	64012
is qualified for a professional educator license issued under	64013
section 3319.22 of the Revised Code.	64014

(2) Following development of the list, the superintendent	64015
shall establish a panel of experts to evaluate the adequacy of the	64016
teacher licensure standards of each state on the list. Each person	64017
selected by the superintendent to be a member of the panel shall	64018
be approved by the state board of education. In evaluating the	64019
superintendent's list, the panel shall provide an opportunity for	64020
representatives of the department of education, or similar	64021
state-level agency, of each state on the list to provide evidence	64022
to refute the state's placement on the list.	64023

Not later than April 1, 2013, the panel shall recommend to	64024
the state board that the list be approved without changes or that	64025
specified states be removed from the list prior to approval. Not	64026
later than July 1, 2013, the state board shall approve a final	64027
list of states with standards for teacher licensure that are	64028
inadequate to ensure that a person to whom this section applies	64029
and who was most recently licensed to teach in that state is	64030
qualified for a professional educator license issued under section	64031
3319.22 of the Revised Code.	64032

(C) Except as otherwise provided in division (E)(1) of this	64033
section, until the date on which the state board approves a final	64034
list of states with inadequate teacher licensure standards under	64035
division (B)(2) of this section, the state board shall issue a	64036
one-year provisional educator license to any applicant to whom	64037
this section applies. On and after that date, neither the state	64038
board nor the department of education shall be party to any	64039
reciprocity agreement with a state on that list that requires the	64040
state board to issue a person to whom this section applies any	64041
type of professional educator license on the basis of the person's	64042
licensure and teaching experience in that state.	64043

(D) Upon the expiration of a provisional license issued to a	64044
person under division (C) of this section, the state board shall	64045
issue the person a professional educator license, if the person	64046
satisfies either of the following conditions:	64047

(1) The person was issued the provisional license prior to	64048
the development of the list by the state superintendent under	64049
division (B)(1) of this section and, prior to issuance of the	64050
provisional license, the person was most recently licensed to	64051
teach by a state not on the superintendent's list or, if the final	64052
list of states with inadequate teacher licensure standards has	64053
been approved by the state board under division (B)(2) of this	64054
section, by a state not on that list.	64055

(2) All of the following apply to the person:

64056

(a) Prior to obtaining the provisional license, the person	64057
was most recently licensed to teach by a state on the	64058
superintendent's list or, if the final list of states with	64059
inadequate teacher licensure standards has been approved by the	64060
state board under division (B)(2) of this section, by a state on	64061
that list.	64062

(b) The person was employed under the provisional license by	64063
a school district; community school established under Chapter	64064
3314. of the Revised Code; science, technology, engineering, and	64065
mathematics school established under Chapter 3326. of the Revised	64066
Code; or an entity contracted by such a district or school to	64067
provide internet- or computer-based instruction or distance	64068
learning programs to students.	64069

(c) The district or school certifies to the state board that	64070
the person's teaching was satisfactory while employed or	64071
contracted by the district or school.	64072

(E)(1) From July 1, 2012, until the date on which the state	64073
board approves a final list of states with inadequate teacher	64074
licensure standards under division (B)(2) of this section, the	64075
state board shall issue a professional educator license to any	64076
applicant to whom this section applies and who was most recently	64077
licensed to teach by a state that is not on the list developed by	64078
the state superintendent under division (B)(1) of this section.	64079

(2) Beginning on the date on which the state board approves a	64080
final list of states with inadequate teacher licensure standards	64081
under division (B)(2) of this section, the state board shall issue	64082
a professional educator license to any applicant to whom this	64083
section applies and who was most recently licensed to teach by a	64084
state that is not on that list.	64085

Sec. 3319.229. The rules adopted under section 3319.22 of	64086
the Revised Code shall include requirements for the issuance and	64087
renewal of professional career-technical teaching licenses,	64088
including, but not limited to, requirements relating to life	64089
experience, professional certification, and practical ability.	64090
Nothing in sections 3319.22 to 3319.31 of the Revised Code	64091
requires, and the state board of education shall not adopt a rule	64092
requiring, an applicant for the issuance or renewal of a	64093
professional career-technical teaching license who meets the	64094
requirements relating to life experience, professional	64095
certification, and practical ability to complete a degree	64096
applicable to the career field, classroom teaching, or an area of	64097
licensure.	64098

Sec. 3319.26. (A) The state board of education shall adopt	64099
rules establishing the standards and requirements for obtaining an	64100
alternative resident educator license for teaching in grades ~~four~~	64101
kindergarten to twelve, or the equivalent, in a designated subject	64102
area~~. However, an alternative resident educator license~~or in the	64103
area of intervention specialist, as defined by rule of the state	64104
board~~, shall be valid for teaching in grades kindergarten to~~	64105
~~twelve~~.	64106

(B) The superintendent of public instruction and the	64107
chancellor of the Ohio board of regents jointly shall develop an	64108
intensive pedagogical training institute to provide instruction in	64109
the principles and practices of teaching for individuals seeking	64110
an alternative resident educator license. The instruction shall	64111
cover such topics as student development and learning, pupil	64112
assessment procedures, curriculum development, classroom	64113
management, and teaching methodology.	64114

(C) The rules adopted under this section shall require	64115
applicants for the alternative resident educator license to	64116
satisfy the following conditions prior to issuance of the license,	64117
but they shall not require applicants to have completed a major in	64118
the subject area for which application is being made:	64119

(1) Hold a minimum of a baccalaureate degree;

64120

(2) Successfully complete the pedagogical training institute	64121
described in division (B) of this section;or a summer training	64122
institute provided to participants of a teacher preparation	64123
program that is operated by a nonprofit organization and has been	64124
approved by the chancellor. The chancellor shall approve any such	64125
program that requires participants to hold a bachelor's degree;	64126
have a cumulative undergraduate grade point average of at least	64127
2.5 out of 4.0, or its equivalent; and successfully complete the	64128
program's summer training institute.	64129

(3) Pass an examination in the subject area for which	64130
application is being made.	64131

(D) An alternative resident educator license shall be valid	64132
for four years, except that the state board, on a case-by-case	64133
basis, may extend the license's duration as necessary to enable	64134
the license holder to complete the Ohio teacher residency program	64135
established under section 3319.223 of the Revised Code.	64136

(E) The rules shall require the holder of an alternative	64137
resident educator license, as a condition of continuing to hold	64138
the license, to do all of the following:	64139

(1) Participate in the Ohio teacher residency program;

64140

(2) Show satisfactory progress in taking and successfully	64141
completing atone of the following:	64142

(a) At least twelve additional semester hours, or the	64143
equivalent, of college coursework in the principles and practices	64144
of teaching in such topics as student development and learning,	64145
pupil assessment procedures, curriculum development, classroom	64146
management, and teaching methodology;	64147

(b) Professional development provided by a teacher	64148
preparation program that has been approved by the chancellor under	64149
division (C)(2) of this section.	64150

(3) Take an assessment of professional knowledge in the	64151
second year of teaching under the license.	64152

(F) The rules shall provide for the granting of a	64153
professional educator license to a holder of an alternative	64154
resident educator license upon successfully completing all of the	64155
following:	64156

(1) Four years of teaching under the alternative license;

64157

(2) The ~~twelve semester hours, or the equivalent, of the~~	64158
additional college coursework or professional development	64159
described in division (E)(2) of this section;	64160

(3) The assessment of professional knowledge described in	64161
division (E)(3) of this section. The standards for successfully	64162
completing this assessment and the manner of conducting the	64163
assessment shall be the same as for any other individual who is	64164
required to take the assessment pursuant to rules adopted by the	64165
state board under section 3319.22 of the Revised Code.	64166

(4) The Ohio teacher residency program;

64167

(5) All other requirements for a professional educator	64168
license adopted by the state board under section 3319.22 of the	64169
Revised Code.	64170

(G) A person who is assigned to teach in this state as a	64171
participant in the teach for America program or who has completed	64172
two years of teaching in another state as a participant in that	64173
program shall be eligible for a license only under section	64174
3319.227 of the Revised Code and shall not be eligible for a	64175
license under this section.	64176

Sec. 3319.31. (A) As used in this section and sections	64177
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"	64178
means a certificate, license, or permit described in this chapter	64179
or in division (B) of section 3301.071 or in section 3301.074 of	64180
the Revised Code.	64181

(B) For any of the following reasons, the state board of	64182
education, in accordance with Chapter 119. and section 3319.311 of	64183
the Revised Code, may refuse to issue a license to an applicant;	64184
may limit a license it issues to an applicant; may suspend,	64185
revoke, or limit a license that has been issued to any person; or	64186
may revoke a license that has been issued to any person and has	64187
expired:	64188

(1) Engaging in an immoral act, incompetence, negligence, or	64189
conduct that is unbecoming to the applicant's or person's	64190
position;	64191

(2) A plea of guilty to, a finding of guilt by a jury or	64192
court of, or a conviction of any of the following:	64193

(a) A felony other than a felony listed in division (C) of	64194
this section;	64195

(b) An offense of violence other than an offense of violence	64196
listed in division (C) of this section;	64197

(c) A theft offense, as defined in section 2913.01 of the	64198
Revised Code, other than a theft offense listed in division (C) of	64199
this section;	64200

(d) A drug abuse offense, as defined in section 2925.01 of	64201
the Revised Code, that is not a minor misdemeanor, other than a	64202
drug abuse offense listed in division (C) of this section;	64203

(e) A violation of an ordinance of a municipal corporation	64204
that is substantively comparable to an offense listed in divisions	64205
(B)(2)(a) to (d) of this section.	64206

(3) A judicial finding of eligibility for intervention in	64207
lieu of conviction under section 2951.041 of the Revised Code, or	64208
agreeing to participate in a pre-trial diversion program under	64209
section 2935.36 of the Revised Code, or a similar diversion	64210
program under rules of a court, for any offense listed in division	64211
(B)(2) or (C) of this section;	64212

(4) Failure to comply with section 3314.40, 3319.313,	64213
3326.24, 3328.19, or 5126.253 of the Revised Code.	64214

(C) Upon learning of a plea of guilty to, a finding of guilt	64215
by a jury or court of, or a conviction of any of the offenses	64216
listed in this division by a person who holds a current or expired	64217
license or is an applicant for a license or renewal of a license,	64218
the state board or the superintendent of public instruction, if	64219
the state board has delegated the duty pursuant to division (D) of	64220
this section, shall by a written order revoke the person's license	64221
or deny issuance or renewal of the license to the person. The	64222
state board or the superintendent shall revoke a license that has	64223
been issued to a person to whom this division applies and has	64224
expired in the same manner as a license that has not expired.	64225

Revocation of a license or denial of issuance or renewal of a	64226
license under this division is effective immediately at the time	64227
and date that the board or superintendent issues the written order	64228
and is not subject to appeal in accordance with Chapter 119. of	64229
the Revised Code. Revocation of a license or denial of issuance or	64230
renewal of license under this division remains in force during the	64231
pendency of an appeal by the person of the plea of guilty, finding	64232
of guilt, or conviction that is the basis of the action taken	64233
under this division.	64234

The state board or superintendent shall take the action	64235
required by this division for a violation of division (B)(1), (2),	64236
(3), or (4) of section 2919.22 of the Revised Code; a violation of	64237
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11,	64238
2903.12, 2903.15, 2905.01, 2905.02, 2905.05, 2905.11, 2907.02,	64239
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.21, 2907.22,	64240
2907.23, 2907.24, 2907.241, 2907.25, 2907.31, 2907.311, 2907.32,	64241
2907.321, 2907.322, 2907.323, 2907.33, 2907.34, 2909.02, 2909.22,	64242
2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.44,	64243
2917.01, 2917.02, 2917.03, 2917.31, 2917.33, 2919.12, 2919.121,	64244
2919.13, 2921.02, 2921.03, 2921.04, 2921.05, 2921.11, 2921.34,	64245
2921.41, 2923.122, 2923.123, 2923.161, 2923.17, 2923.21, 2925.02,	64246
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22,	64247
2925.23, 2925.24, 2925.32, 2925.36, 2925.37, 2927.24, or 3716.11	64248
of the Revised Code; a violation of section 2905.04 of the Revised	64249
Code as it existed prior to July 1, 1996; a violation of section	64250
2919.23 of the Revised Code that would have been a violation of	64251
section 2905.04 of the Revised Code as it existed prior to July 1,	64252
1996, had the violation been committed prior to that date;	64253
felonious sexual penetration in violation of former section	64254
2907.12 of the Revised Code; or a violation of an ordinance of a	64255
municipal corporation that is substantively comparable to an	64256
offense listed in this paragraph.	64257

(D) The state board may delegate to the superintendent of	64258
public instruction the authority to revoke a person's license or	64259
to deny issuance or renewal of a license to a person under	64260
division (C) or (F) of this section.	64261

(E)(1) If the plea of guilty, finding of guilt, or conviction	64262
that is the basis of the action taken under division (B)(2) or (C)	64263
of this section, or under the version of division (F) of section	64264
3319.311 of the Revised Code in effect prior to ~~the effective date~~	64265
~~of this amendment~~September 12, 2008, is overturned on appeal,	64266
upon exhaustion of the criminal appeal, the clerk of the court	64267
that overturned the plea, finding, or conviction or, if	64268
applicable, the clerk of the court that accepted an appeal from	64269
the court that overturned the plea, finding, or conviction, shall	64270
notify the state board that the plea, finding, or conviction has	64271
been overturned. Within thirty days after receiving the	64272
notification, the state board shall initiate proceedings to	64273
reconsider the revocation or denial of the person's license in	64274
accordance with division (E)(2) of this section. In addition, the	64275
person whose license was revoked or denied may file with the state	64276
board a petition for reconsideration of the revocation or denial	64277
along with appropriate court documents.	64278

(2) Upon receipt of a court notification or a petition and	64279
supporting court documents under division (E)(1) of this section,	64280
the state board, after offering the person an opportunity for an	64281
adjudication hearing under Chapter 119. of the Revised Code, shall	64282
determine whether the person committed the act in question in the	64283
prior criminal action against the person that is the basis of the	64284
revocation or denial and may continue the revocation or denial,	64285
may reinstate the person's license, with or without limits, or may	64286
grant the person a new license, with or without limits. The	64287
decision of the board shall be based on grounds for revoking,	64288
denying, suspending, or limiting a license adopted by rule under	64289
division (G) of this section and in accordance with the	64290
evidentiary standards the board employs for all other licensure	64291
hearings. The decision of the board under this division is subject	64292
to appeal under Chapter 119. of the Revised Code.	64293

(3) A person whose license is revoked or denied under	64294
division (C) of this section shall not apply for any license if	64295
the plea of guilty, finding of guilt, or conviction that is the	64296
basis of the revocation or denial, upon completion of the criminal	64297
appeal, either is upheld or is overturned but the state board	64298
continues the revocation or denial under division (E)(2) of this	64299
section and that continuation is upheld on final appeal.	64300

(F) The state board may take action under division (B) of	64301
this section, and the state board or the superintendent shall take	64302
the action required under division (C) of this section, on the	64303
basis of substantially comparable conduct occurring in a	64304
jurisdiction outside this state or occurring before a person	64305
applies for or receives any license.	64306

(G) The state board may adopt rules in accordance with	64307
Chapter 119. of the Revised Code to carry out this section and	64308
section 3319.311 of the Revised Code.	64309

Sec. 3319.311. (A)(1) The state board of education, or the	64310
superintendent of public instruction on behalf of the board, may	64311
investigate any information received about a person that	64312
reasonably appears to be a basis for action under section 3319.31	64313
of the Revised Code, including information received pursuant to	64314
section 3314.40, 3319.291, 3319.313, 3326.24, 3328.19, 5126.253,	64315
or 5153.176 of the Revised Code. Except as provided in division	64316
(A)(2) of this section, the board shall contract with the office	64317
of the Ohio attorney general to conduct any investigation of that	64318
nature. The board shall pay for the costs of the contract only	64319
from moneys in the state board of education licensure fund	64320
established under section 3319.51 of the Revised Code. Except as	64321
provided in division (A)(2) of this section, all information	64322
received pursuant to section 3314.40, 3319.291, 3319.313, 3326.24,	64323
3328.19, 5126.253, or 5153.176 of the Revised Code, and all	64324
information obtained during an investigation is confidential and	64325
is not a public record under section 149.43 of the Revised Code.	64326
If an investigation is conducted under this division regarding	64327
information received about a person and no action is taken against	64328
the person under this section or section 3319.31 of the Revised	64329
Code within two years of the completion of the investigation, all	64330
records of the investigation shall be expunged.	64331

(2) In the case of a person about whom the board has learned	64332
of a plea of guilty to, finding of guilt by a jury or court of, or	64333
a conviction of an offense listed in division (C) of section	64334
3319.31 of the Revised Code, or substantially comparable conduct	64335
occurring in a jurisdiction outside this state, the board or the	64336
superintendent of public instruction need not conduct any further	64337
investigation and shall take the action required by division (C)	64338
or (F) of that section. Except as provided in division (G) of this	64339
section, all information obtained by the board or the	64340
superintendent of public instruction pertaining to the action is a	64341
public record under section 149.43 of the Revised Code.	64342

(B) The superintendent of public instruction shall review the	64343
results of each investigation of a person conducted under division	64344
(A)(1) of this section and shall determine, on behalf of the state	64345
board, whether the results warrant initiating action under	64346
division (B) of section 3319.31 of the Revised Code. The	64347
superintendent shall advise the board of such determination at a	64348
meeting of the board. Within fourteen days of the next meeting of	64349
the board, any member of the board may ask that the question of	64350
initiating action under section 3319.31 of the Revised Code be	64351
placed on the board's agenda for that next meeting. Prior to	64352
initiating that action against any person, the person's name and	64353
any other personally identifiable information shall remain	64354
confidential.	64355

(C) The board shall take no action against a person under	64356
division (B) of section 3319.31 of the Revised Code without	64357
providing the person with written notice of the charges and with	64358
an opportunity for a hearing in accordance with Chapter 119. of	64359
the Revised Code.	64360

(D) For purposes of an investigation under division (A)(1) of	64361
this section or a hearing under division (C) of this section or	64362
under division (E)(2) of section 3319.31 of the Revised Code, the	64363
board, or the superintendent on behalf of the board, may	64364
administer oaths, order the taking of depositions, issue	64365
subpoenas, and compel the attendance of witnesses and the	64366
production of books, accounts, papers, records, documents, and	64367
testimony. The issuance of subpoenas under this division may be by	64368
certified mail or personal delivery to the person.	64369

(E) The superintendent, on behalf of the board, may enter	64370
into a consent agreement with a person against whom action is	64371
being taken under division (B) of section 3319.31 of the Revised	64372
Code. The board may adopt rules governing the superintendent's	64373
action under this division.	64374

(F) No surrender of a license shall be effective until the	64375
board takes action to accept the surrender unless the surrender is	64376
pursuant to a consent agreement entered into under division (E) of	64377
this section.	64378

(G) The name of any person who is not required to report	64379
information under section 3314.40, 3319.313, 3326.24, 3328.19,	64380
5126.253, or 5153.176 of the Revised Code, but who in good faith	64381
provides information to the state board or superintendent of	64382
public instruction about alleged misconduct committed by a person	64383
who holds a license or has applied for issuance or renewal of a	64384
license, shall be confidential and shall not be released. Any such	64385
person shall be immune from any civil liability that otherwise	64386
might be incurred or imposed for injury, death, or loss to person	64387
or property as a result of the provision of that information.	64388

(H)(1) No person shall knowingly make a false report to the	64389
superintendent of public instruction or the state board of	64390
education alleging misconduct by an employee of a public or	64391
chartered nonpublic school or an employee of the operator of a	64392
community school established under Chapter 3314. or a	64393
college-preparatory boarding school established under Chapter	64394
3328. of the Revised Code.	64395

(2)(a) In any civil action brought against a person in which	64396
it is alleged and proved that the person violated division (H)(1)	64397
of this section, the court shall award the prevailing party	64398
reasonable attorney's fees and costs that the prevailing party	64399
incurred in the civil action or as a result of the false report	64400
that was the basis of the violation.	64401

(b) If a person is convicted of or pleads guilty to a	64402
violation of division (H)(1) of this section, if the subject of	64403
the false report that was the basis of the violation was charged	64404
with any violation of a law or ordinance as a result of the false	64405
report, and if the subject of the false report is found not to be	64406
guilty of the charges brought against the subject as a result of	64407
the false report or those charges are dismissed, the court that	64408
sentences the person for the violation of division (H)(1) of this	64409
section, as part of the sentence, shall order the person to pay	64410
restitution to the subject of the false report, in an amount equal	64411
to reasonable attorney's fees and costs that the subject of the	64412
false report incurred as a result of or in relation to the	64413
charges.	64414

Sec. 3319.39. (A)(1) Except as provided in division	64415
(F)(2)(b) of section 109.57 of the Revised Code, the appointing or	64416
hiring officer of the board of education of a school district, the	64417
governing board of an educational service center, or of a	64418
chartered nonpublic school shall request the superintendent of the	64419
bureau of criminal identification and investigation to conduct a	64420
criminal records check with respect to any applicant who has	64421
applied to the school district, educational service center, or	64422
school for employment in any position. The appointing or hiring	64423
officer shall request that the superintendent include information	64424
from the federal bureau of investigation in the criminal records	64425
check, unless all of the following apply to the applicant:	64426

(a) The applicant is applying to be an instructor of adult	64427
education.	64428

(b) The duties of the position for which the applicant is	64429
applying do not involve routine interaction with a child or	64430
regular responsibility for the care, custody, or control of a	64431
child or, if the duties do involve such interaction or	64432
responsibility, during any period of time in which the applicant,	64433
if hired, has such interaction or responsibility, another employee	64434
of the school district, educational service center, or chartered	64435
nonpublic school will be present in the same room with the child	64436
or, if outdoors, will be within a thirty-yard radius of the child	64437
or have visual contact with the child.	64438

(c) The applicant presents proof that the applicant has been	64439
a resident of this state for the five-year period immediately	64440
prior to the date upon which the criminal records check is	64441
requested or provides evidence that within that five-year period	64442
the superintendent has requested information about the applicant	64443
from the federal bureau of investigation in a criminal records	64444
check.	64445

(2) A person required by division (A)(1) of this section to	64446
request a criminal records check shall provide to each applicant a	64447
copy of the form prescribed pursuant to division (C)(1) of section	64448
109.572 of the Revised Code, provide to each applicant a standard	64449
impression sheet to obtain fingerprint impressions prescribed	64450
pursuant to division (C)(2) of section 109.572 of the Revised	64451
Code, obtain the completed form and impression sheet from each	64452
applicant, and forward the completed form and impression sheet to	64453
the superintendent of the bureau of criminal identification and	64454
investigation at the time the person requests a criminal records	64455
check pursuant to division (A)(1) of this section.	64456

(3) An applicant who receives pursuant to division (A)(2) of	64457
this section a copy of the form prescribed pursuant to division	64458
(C)(1) of section 109.572 of the Revised Code and a copy of an	64459
impression sheet prescribed pursuant to division (C)(2) of that	64460
section and who is requested to complete the form and provide a	64461
set of fingerprint impressions shall complete the form or provide	64462
all the information necessary to complete the form and shall	64463
provide the impression sheet with the impressions of the	64464
applicant's fingerprints. If an applicant, upon request, fails to	64465
provide the information necessary to complete the form or fails to	64466
provide impressions of the applicant's fingerprints, the board of	64467
education of a school district, governing board of an educational	64468
service center, or governing authority of a chartered nonpublic	64469
school shall not employ that applicant for any position.	64470

(4) Notwithstanding any provision of this section to the	64471
contrary, an applicant who meets the conditions prescribed in	64472
divisions (A)(1)(a) and (b) of this section and who, within the	64473
two-year period prior to the date of application, was the subject	64474
of a criminal records check under this section prior to being	64475
hired for short-term employment with the school district,	64476
educational service center, or chartered nonpublic school to which	64477
application is being made shall not be required to undergo a	64478
criminal records check prior to the applicant's rehiring by that	64479
district, service center, or school.	64480

(B)(1) Except as provided in rules adopted by the department	64481
of education in accordance with division (E) of this section and	64482
as provided in division (B)(3) of this section, no board of	64483
education of a school district, no governing board of an	64484
educational service center, and no governing authority of a	64485
chartered nonpublic school shall employ a person if the person	64486
previously has been convicted of or pleaded guilty to any of the	64487
following:	64488

(a) A violation of section 2903.01, 2903.02, 2903.03,	64489
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	64490
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	64491
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	64492
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	64493
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	64494
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	64495
2925.06, or 3716.11 of the Revised Code, a violation of section	64496
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	64497
violation of section 2919.23 of the Revised Code that would have	64498
been a violation of section 2905.04 of the Revised Code as it	64499
existed prior to July 1, 1996, had the violation been committed	64500
prior to that date, a violation of section 2925.11 of the Revised	64501
Code that is not a minor drug possession offense, or felonious	64502
sexual penetration in violation of former section 2907.12 of the	64503
Revised Code;	64504

(b) A violation of an existing or former law of this state,	64505
another state, or the United States that is substantially	64506
equivalent to any of the offenses or violations described in	64507
division (B)(1)(a) of this section.	64508

(2) A board, governing board of an educational service	64509
center, or a governing authority of a chartered nonpublic school	64510
may employ an applicant conditionally until the criminal records	64511
check required by this section is completed and the board or	64512
governing authority receives the results of the criminal records	64513
check. If the results of the criminal records check indicate that,	64514
pursuant to division (B)(1) of this section, the applicant does	64515
not qualify for employment, the board or governing authority shall	64516
release the applicant from employment.	64517

(3) No board and no governing authority of a chartered	64518
nonpublic school shall employ a teacher who previously has been	64519
convicted of or pleaded guilty to any of the offenses listed in	64520
section 3319.31 of the Revised Code.	64521

(C)(1) Each board and each governing authority of a chartered	64522
nonpublic school shall pay to the bureau of criminal	64523
identification and investigation the fee prescribed pursuant to	64524
division (C)(3) of section 109.572 of the Revised Code for each	64525
criminal records check conducted in accordance with that section	64526
upon the request pursuant to division (A)(1) of this section of	64527
the appointing or hiring officer of the board or governing	64528
authority.	64529

(2) A board and the governing authority of a chartered	64530
nonpublic school may charge an applicant a fee for the costs it	64531
incurs in obtaining a criminal records check under this section. A	64532
fee charged under this division shall not exceed the amount of	64533
fees the board or governing authority pays under division (C)(1)	64534
of this section. If a fee is charged under this division, the	64535
board or governing authority shall notify the applicant at the	64536
time of the applicant's initial application for employment of the	64537
amount of the fee and that, unless the fee is paid, the board or	64538
governing authority will not consider the applicant for	64539
employment.	64540

(D) The report of any criminal records check conducted by the	64541
bureau of criminal identification and investigation in accordance	64542
with section 109.572 of the Revised Code and pursuant to a request	64543
under division (A)(1) of this section is not a public record for	64544
the purposes of section 149.43 of the Revised Code and shall not	64545
be made available to any person other than the applicant who is	64546
the subject of the criminal records check or the applicant's	64547
representative, the board or governing authority requesting the	64548
criminal records check or its representative, and any court,	64549
hearing officer, or other necessary individual involved in a case	64550
dealing with the denial of employment to the applicant.	64551

(E) The department of education shall adopt rules pursuant to	64552
Chapter 119. of the Revised Code to implement this section,	64553
including rules specifying circumstances under which the board or	64554
governing authority may hire a person who has been convicted of an	64555
offense listed in division (B)(1) or (3) of this section but who	64556
meets standards in regard to rehabilitation set by the department.	64557

The department shall amend rule 3301-83-23 of the Ohio	64558
Administrative Code that took effect August 27, 2009, and that	64559
specifies the offenses that disqualify a person for employment as	64560
a school bus or school van driver and establishes rehabilitation	64561
standards for school bus and school van drivers.	64562

(F) Any person required by division (A)(1) of this section to	64563
request a criminal records check shall inform each person, at the	64564
time of the person's initial application for employment, of the	64565
requirement to provide a set of fingerprint impressions and that a	64566
criminal records check is required to be conducted and	64567
satisfactorily completed in accordance with section 109.572 of the	64568
Revised Code if the person comes under final consideration for	64569
appointment or employment as a precondition to employment for the	64570
school district, educational service center, or school for that	64571
position.	64572

(G) As used in this section:

64573

(1) "Applicant" means a person who is under final	64574
consideration for appointment or employment in a position with a	64575
board of education, governing board of an educational service	64576
center, or a chartered nonpublic school, except that "applicant"	64577
does not include a person already employed by a board or chartered	64578
nonpublic school who is under consideration for a different	64579
position with such board or school.	64580

(2) "Teacher" means a person holding an educator license or	64581
permit issued under section 3319.22 or 3319.301 of the Revised	64582
Code and teachers in a chartered nonpublic school.	64583

(3) "Criminal records check" has the same meaning as in	64584
section 109.572 of the Revised Code.	64585

(4) "Minor drug possession offense" has the same meaning as	64586
in section 2925.01 of the Revised Code.	64587

(H) If the board of education of a local school district	64588
adopts a resolution requesting the assistance of the educational	64589
service center in which the local district has territory in	64590
conducting criminal records checks of substitute teachers and	64591
substitutes for other district employees under this section, the	64592
appointing or hiring officer of such educational service center	64593
shall serve for purposes of this section as the appointing or	64594
hiring officer of the local board in the case of hiring substitute	64595
teachers and other substitute employees for the local district.	64596

Sec. 3319.57. (A) A grant program is hereby established	64597
under which the department of education shall award grants to	64598
assist certain schools in a city, exempted village, local, or	64599
joint vocational school district in implementing one of the	64600
following innovations:	64601

(1) The use of instructional specialists to mentor and	64602
support classroom teachers;	64603

(2) The use of building managers to supervise the	64604
administrative functions of school operation so that a school	64605
principal can focus on supporting instruction, providing	64606
instructional leadership, and engaging teachers as part of the	64607
instructional leadership team;	64608

(3) The reconfiguration of school leadership structure in a	64609
manner that allows teachers to serve in leadership roles so that	64610
teachers may share the responsibility for making and implementing	64611
school decisions;	64612

(4) The adoption of new models for restructuring the school	64613
day or school year, such as including teacher planning and	64614
collaboration time as part of the school day;	64615

(5) The creation of smaller schools or smaller units within	64616
larger schools for the purpose of facilitating teacher	64617
collaboration to improve and advance the professional practice of	64618
teaching;	64619

(6) The implementation of "grow your own" recruitment	64620
strategies that are designed to assist individuals who show a	64621
commitment to education become licensed teachers, to assist	64622
experienced teachers obtain licensure in subject areas for which	64623
there is need, and to assist teachers in becoming principals;	64624

(7) The provision of better conditions for new teachers, such	64625
as reduced teaching load and reduced class size;	64626

(8) The provision of incentives to attract qualified	64627
mathematics, science, or special education teachers;	64628

(9) The development and implementation of a partnership with	64629
teacher preparation programs at colleges and universities to help	64630
attract teachers qualified to teach in shortage areas;	64631

(10) The implementation of a program to increase the cultural	64632
competency of both new and veteran teachers;	64633

(11) The implementation of a program to increase the subject	64634
matter competency of veteran teachers.	64635

(B) To qualify for a grant to implement one of the	64636
innovations described in division (A) of this section, a school	64637
must meet both of the following criteria:	64638

(1) Be hard to staff, as defined by the department.

64639

(2) Use existing school district funds for the implementation	64640
of the innovation in an amount equal to the grant amount	64641
multiplied by (1 - the district's state share percentage for the	64642
fiscal year in which the grant is awarded).	64643

For purposes of division (B)(2) of this section, "state share	64644
percentage" has the same meaning as in section ~~3306.02~~3317.02 of	64645
the Revised Code.	64646

(C) The amount and number of grants awarded under this	64647
section shall be determined by the department based on any	64648
appropriations made by the general assembly for grants under this	64649
section.	64650

(D) The state board of education shall adopt rules for the	64651
administration of this grant program.	64652

Sec. 3319.58. (A) As used in this section, "core subject	64653
area" has the same meaning as in section 3319.074 of the Revised	64654
Code.	64655

(B) Each year, the board of education of each city, exempted	64656
village, and local school district, governing authority of each	64657
community school established under Chapter 3314. of the Revised	64658
Code, and governing body of each STEM school established under	64659
Chapter 3326. of the Revised Code with a building ranked in the	64660
lowest ten per cent of all public school buildings according to	64661
performance index score, under section 3302.21 of the Revised	64662
Code, shall require each classroom teacher teaching in a core	64663
subject area in such a building to register for and take all	64664
written examinations prescribed by the state board of education	64665
for licensure to teach that core subject area and the grade level	64666
to which the teacher is assigned under section 3319.22 of the	64667
Revised Code. However, if a teacher who takes a prescribed	64668
examination under this division passes that examination and	64669
provides proof of that passage to the teacher's employer, the	64670
teacher shall not be required to take the examination again for	64671
three years, regardless of the performance index score ranking of	64672
the building in which the teacher teaches. No teacher shall be	64673
responsible for the cost of taking an examination under this	64674
division.	64675

(C) Each district board of education, each community school	64676
governing authority, and each STEM school governing body may use	64677
the results of a teacher's examinations required under division	64678
(B) of this section in developing and revising professional	64679
development plans and in deciding whether or not to continue	64680
employing the teacher in accordance with the provisions of this	64681
chapter or Chapter 3314. or 3326. of the Revised Code. However, no	64682
decision to terminate or not to renew a teacher's employment	64683
contract shall be made solely on the basis of the results of a	64684
teacher's examination under this section until and unless the	64685
teacher has not attained a passing score on the same required	64686
examination for at least three consecutive administrations of that	64687
examination.	64688

Sec. 3319.71. (A) The school health services advisory council	64689
shall make recommendations on the following topics:	64690

(1) The content of the course of instruction required to	64691
obtain a school nurse license under section 3319.221 of the	64692
Revised Code;	64693

(2) The content of the course of instruction required to	64694
obtain a school nurse wellness coordinator license under section	64695
3319.221 of the Revised Code;	64696

(3) Best practices for the use of school nurses and school	64697
nurse wellness coordinators in providing health and wellness	64698
programs for students and employees of school districts, community	64699
schools established under Chapter 3314. of the Revised Code, and	64700
STEM schools established under Chapter 3326. of the Revised Code.	64701

(B) The council shall issue its initial recommendations not	64702
later than March 31, 2010, and may issue subsequent	64703
recommendations as it considers necessary. Copies of all	64704
recommendations shall be provided to the state board of education,	64705
the chancellor of the Ohio board of regents, and the board of	64706
nursing~~, and the health care coverage and quality council~~.	64707

Sec. 3323.052. Not later than sixty days after the effective	64708
date of this section, the department of education shall develop a	64709
document that compares a parent's and child's rights under this	64710
chapter and 20 U.S.C. 1400 et seq. with the parent's and child's	64711
rights under the Jon Peterson special needs scholarship program,	64712
established in sections 3310.51 to 3310.64 of the Revised Code,	64713
including the deadline for application for a scholarship or	64714
renewal of a scholarship and notice of that application to the	64715
child's school district, prescribed in division (C) of section	64716
3310.52 of the Revised Code, and the provisions of divisions (A)	64717
and (B) of section 3310.53 of the Revised Code. The department	64718
shall revise that document as necessary to reflect any pertinent	64719
changes in state or federal statutory law, rule, or regulation	64720
enacted or adopted after the initial document is developed. The	64721
department and each school district shall ensure that the document	64722
prescribed in this section is included in, appended to, or	64723
otherwise distributed in conjunction with the notice required	64724
under 20 U.S.C. 1415(d), and any provision of the Code of Federal	64725
Regulations implementing that requirement, in the manner and at	64726
all the times specified for such notice in federal law or	64727
regulation. As used in this section, a "child's school district"	64728
means the school district in which the child is entitled to attend	64729
school under section 3313.64 or 3313.65 of the Revised Code.	64730

Sec. 3323.09. (A) As used in this section:

64731

(1) "Home" has the meaning given in section 3313.64 of the	64732
Revised Code.	64733

(2) "Preschool child" means a child who is at least age three	64734
but under age six on the thirtieth day of September of an academic	64735
year.	64736

(B) Each county DD board shall establish special education	64737
programs for all children with disabilities who in accordance with	64738
section 3323.04 of the Revised Code have been placed in special	64739
education programs operated by the county board and for preschool	64740
children who are developmentally delayed or at risk of being	64741
developmentally delayed. The board annually shall submit to the	64742
department of education a plan for the provision of these programs	64743
and, if applicable, a request for approval of units under section	64744
3317.05 of the Revised Code. The superintendent of public	64745
instruction shall review the plan and approve or modify it in	64746
accordance with rules adopted by the state board of education	64747
under section 3301.07 of the Revised Code. The superintendent of	64748
public instruction shall compile the plans submitted by county	64749
boards and shall submit a comprehensive plan to the state board.	64750

A county DD board may combine transportation for children	64751
enrolled in classes funded under section 3317.20 or units approved	64752
under section 3317.05 with transportation for children and adults	64753
enrolled in programs and services offered by the board under	64754
~~section 5126.12~~Chapter 5126. of the Revised Code.	64755

(C) A county DD board that during the school year provided	64756
special education pursuant to this section for any child with	64757
mental disabilities under twenty-two years of age shall prepare	64758
and submit the following reports and statements:	64759

(1) The board shall prepare a statement for each child who at	64760
the time of receiving such special education was a resident of a	64761
home and was not in the legal or permanent custody of an Ohio	64762
resident or a government agency in this state, and whose natural	64763
or adoptive parents are not known to have been residents of this	64764
state subsequent to the child's birth. The statement shall contain	64765
the child's name, the name of the child's school district of	64766
residence, the name of the county board providing the special	64767
education, and the number of months, including any fraction of a	64768
month, it was provided. Not later than the thirtieth day of June,	64769
the board shall forward a certified copy of such statement to both	64770
the director of developmental disabilities and to the home.	64771

Within thirty days after its receipt of a statement, the home	64772
shall pay tuition to the county board computed in the manner	64773
prescribed by section 3323.141 of the Revised Code.	64774

(2) The board shall prepare a report for each school district	64775
that is the school district of residence of one or more of such	64776
children for whom statements are not required by division (C)(1)	64777
of this section. The report shall contain the name of the county	64778
board providing special education, the name of each child	64779
receiving special education, the number of months, including	64780
fractions of a month, that the child received it, and the name of	64781
the child's school district of residence. Not later than the	64782
thirtieth day of June, the board shall forward certified copies of	64783
each report to the school district named in the report, the	64784
superintendent of public instruction, and the director of	64785
developmental disabilities.	64786

Sec. 3323.091. (A) The department of mental health, the	64787
department of developmental disabilities, the department of youth	64788
services, and the department of rehabilitation and correction	64789
shall establish and maintain special education programs for	64790
children with disabilities in institutions under their	64791
jurisdiction according to standards adopted by the state board of	64792
education.	64793

(B) The superintendent of each state institution required to	64794
provide services under division (A) of this section, and each	64795
county DD board, providing special education for preschool	64796
children with disabilities under this chapter may apply to the	64797
state department of education for unit funding, which shall be	64798
paid in accordance with sections 3317.052 and 3317.053 of the	64799
Revised Code.	64800

The superintendent of each state institution required to	64801
provide services under division (A) of this section may apply to	64802
the department of education for special education and related	64803
services weighted funding for children with disabilities other	64804
than preschool children with disabilities, calculated in	64805
accordance with section 3317.201 of the Revised Code.	64806

Each county DD board providing special education for children	64807
with disabilities other than preschool children with disabilities	64808
may apply to the department of education for base cost and special	64809
education and related services weighted funding calculated in	64810
accordance with section 3317.20 of the Revised Code.	64811

(C) In addition to the authorization to apply for state	64812
funding described in division (B) of this section, each state	64813
institution required to provide services under division (A) of	64814
this section is entitled to tuition payments calculated in the	64815
manner described in division (C) of this section.	64816

On or before the thirtieth day of June of each year, the	64817
superintendent of each institution that during the school year	64818
provided special education pursuant to this section shall prepare	64819
a statement for each child with a disability under twenty-two	64820
years of age who has received special education. The statement	64821
shall contain the child's data verification code assigned pursuant	64822
to division (D)(2) of section 3301.0714 of the Revised Code and	64823
the name of the child's school district of residence. Within sixty	64824
days after receipt of such statement, the department of education	64825
shall perform one of the following:	64826

(1) For any child except a preschool child with a disability	64827
described in division (C)(2) of this section, pay to the	64828
institution submitting the statement an amount equal to the	64829
tuition calculated under division (A) of section 3317.08 of the	64830
Revised Code for the period covered by the statement, and deduct	64831
the same from the amount of state funds, if any, payable under	64832
~~sections 3306.13 and 3317.023~~Chapter 3317. of the Revised Code,	64833
to the child's school district of residence or, if the amount of	64834
such state funds is insufficient, require the child's school	64835
district of residence to pay the institution submitting the	64836
statement an amount equal to the amount determined under this	64837
division.	64838

(2) For any preschool child with a disability not included in	64839
a unit approved under division (B) of section 3317.05 of the	64840
Revised Code, perform the following:	64841

(a) Pay to the institution submitting the statement an amount	64842
equal to the tuition calculated under division (B) of section	64843
3317.08 of the Revised Code for the period covered by the	64844
statement, except that in calculating the tuition under that	64845
section the operating expenses of the institution submitting the	64846
statement under this section shall be used instead of the	64847
operating expenses of the school district of residence;	64848

(b) Deduct from the amount of state funds, if any, payable	64849
under ~~sections 3317.022 or 3306.13 and 3317.023~~Chapter 3317. of	64850
the Revised Code to the child's school district of residence an	64851
amount equal to the amount paid under division (C)(2)(a) of this	64852
section.	64853

Sec. 3323.14. This section does not apply to any preschool	64854
child with a disability except if included in a unit approved	64855
under division (B) of section 3317.05 of the Revised Code.	64856

(A) Where a child who is a school resident of one school	64857
district receives special education from another district and the	64858
per capita cost to the educating district for that child exceeds	64859
the sum of the amount received by the educating district for that	64860
child under division (A) of section 3317.08 of the Revised Code	64861
and the amount received by the district from the state board of	64862
education for that child, then the board of education of the	64863
district of residence shall pay to the board of the school	64864
district that is providing the special education such excess cost	64865
as is determined by using a formula approved by the department of	64866
education and agreed upon in contracts entered into by the boards	64867
of the districts concerned at the time the district providing such	64868
special education accepts the child for enrollment. The department	64869
shall certify the amount of the payments under ~~Chapters 3306. and~~	64870
Chapter 3317. of the Revised Code for such pupils with	64871
disabilities for each school year ending on the thirtieth day of	64872
July.	64873

(B) In the case of a child described in division (A) of this	64874
section who has been placed in a home, as defined in section	64875
3313.64 of the Revised Code, pursuant to the order of a court and	64876
who is not subject to section 3323.141 of the Revised Code, the	64877
district providing the child with special education and related	64878
services may charge to the child's district of residence the	64879
excess cost determined by formula approved by the department,	64880
regardless of whether the district of residence has entered into a	64881
contract with the district providing the services. If the district	64882
providing the services chooses to charge excess costs, the	64883
district may report the amount calculated under this division to	64884
the department.	64885

(C) If a district providing special education for a child	64886
reports an amount for the excess cost of those services, as	64887
authorized and calculated under division (A) or (B) of this	64888
section, the department shall pay that amount of excess cost to	64889
the district providing the services and shall deduct that amount	64890
from the child's district of residence in accordance with division	64891
~~(N)~~(K) of section 3317.023 of the Revised Code.	64892

Sec. 3323.142. This section does not apply to any preschool	64893
child with a disability except if included in a unit approved	64894
under division (B) of section 3317.05 of the Revised Code.	64895

As used in this section, "per pupil amount" for a preschool	64896
child with a disability included in such an approved unit means	64897
the amount determined by dividing the amount received for the	64898
classroom unit in which the child has been placed by the number of	64899
children in the unit. For any other child, "per pupil amount"	64900
means the amount paid for the child under section 3317.20 of the	64901
Revised Code.	64902

When a school district places or has placed a child with a	64903
county DD board for special education, but another district is	64904
responsible for tuition under section 3313.64 or 3313.65 of the	64905
Revised Code and the child is not a resident of the territory	64906
served by the county DD board, the board may charge the district	64907
responsible for tuition with the educational costs in excess of	64908
the per pupil amount received by the board under ~~Chapters 3306.~~	64909
~~and~~Chapter 3317. of the Revised Code. The amount of the excess	64910
cost shall be determined by the formula established by rule of the	64911
department of education under section 3323.14 of the Revised Code,	64912
and the payment for such excess cost shall be made by the school	64913
district directly to the county DD board.	64914

A school district board of education and the county DD board	64915
that serves the school district may negotiate and contract, at or	64916
after the time of placement, for payments by the board of	64917
education to the county DD board for additional services provided	64918
to a child placed with the county DD board and whose	64919
individualized education program established pursuant to section	64920
3323.08 of the Revised Code requires additional services that are	64921
not routinely provided children in the county DD board's program	64922
but are necessary to maintain the child's enrollment and	64923
participation in the program. Additional services may include, but	64924
are not limited to, specialized supplies and equipment for the	64925
benefit of the child and instruction, training, or assistance	64926
provided by staff members other than staff members for which	64927
funding is received under Chapter ~~3306. or~~ 3317. of the Revised	64928
Code.	64929

Sec. 3323.31. The Franklin county educational service center	64930
shall establish the Ohio ~~Center~~center for ~~Autism~~autism and ~~Low~~	64931
~~Incidence~~low incidence. The ~~Center~~center shall administer	64932
programs and coordinate services for infants, preschool and	64933
school-age children, and adults with autism and low incidence	64934
disabilities. The ~~Center's~~center's principal focus shall be	64935
programs and services for persons with autism. The ~~Center~~center	64936
shall be under the direction of an executive director, appointed	64937
by the superintendent of the service center in consultation with	64938
the advisory board established under section 3323.33 of the	64939
Revised Code.	64940

In addition to its other duties, the Ohio ~~Center~~center for	64941
~~Autism~~autism and ~~Low Incidence~~low incidence shall participate	64942
as a member of anthe interagency workgroup on autism, as it is	64943
established by the ~~department~~director of developmental	64944
disabilities ~~and~~under section 5123.0419 of the Revised Code. The	64945
center shall provide technical assistance and support to the	64946
department of developmental disabilities in the department's	64947
leadership role to develop and implement the ~~initiatives~~	64948
~~identified by~~projects and activities of the workgroup.	64949

Sec. 3324.05. (A) Each school district shall submit an	64950
annual report to the department of education specifying the number	64951
of students in each of grades kindergarten through ~~twelfth~~twelve	64952
screened, the number assessed, and the number identified as gifted	64953
in each category specified in section 3324.03 of the Revised Code.	64954

(B) The department of education shall audit each school	64955
district's identification numbers at least once every three years	64956
and may select any district at random or upon complaint or	64957
suspicion of noncompliance for a further audit to determine	64958
compliance with sections 3324.03 to 3324.06 of the Revised Code.	64959

(C) The department shall provide technical assistance to any	64960
district found in noncompliance under division (B) of this	64961
section. The department may reduce funds received by the district	64962
under ~~Chapters 3306. and~~Chapter 3317. of the Revised Code by any	64963
amount if the district continues to be noncompliant.	64964

Sec. 3324.08. Any person employed by a school district and	64965
assigned to a school as a principal or any other position may also	64966
serve as the district's gifted education coordinator, if qualified	64967
to do so pursuant to the rules adopted by the state board of	64968
education under this chapter.	64969

Sec. 3325.08. (A) A diploma shall be granted by the	64970
superintendent of the state school for the blind and the	64971
superintendent of the state school for the deaf to any student	64972
enrolled in one of these state schools to whom all of the	64973
following apply:	64974

(1) The student has successfully completed the individualized	64975
education program developed for the student for the student's high	64976
school education pursuant to section 3323.08 of the Revised Code;	64977

(2) Subject to section 3313.614 of the Revised Code, the	64978
student has met the assessment requirements of division (A)(2)(a)	64979
or (b) of this section, as applicable.	64980

(a) If the student entered the ninth grade prior to the date	64981
prescribed by rule of the state board of education under division	64982
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the student	64983
either:	64984

(i) Has attained at least the applicable scores designated	64985
under division (B)(1) of section 3301.0710 of the Revised Code on	64986
all the assessments prescribed by that division unless division	64987
(L) of section 3313.61 of the Revised Code applies to the student;	64988

(ii) Has satisfied the alternative conditions prescribed in	64989
section 3313.615 of the Revised Code.	64990

(b) If the student entered the ninth grade on or after the	64991
date prescribed by rule of the state board under division	64992
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the student	64993
has ~~attained on~~met the requirements of the entire assessment	64994
system prescribed under division (B)(2) of section 3301.0710 of	64995
the Revised Code ~~at least the required passing composite score,~~	64996
~~designated under division (C)(1) of section 3301.0712 of the~~	64997
~~Revised Code~~, except to the extent that division (L) of section	64998
3313.61 of the Revised Code applies to the student.	64999

(3) The student is not eligible to receive an honors diploma	65000
granted pursuant to division (B) of this section.	65001

No diploma shall be granted under this division to anyone	65002
except as provided under this division.	65003

(B) In lieu of a diploma granted under division (A) of this	65004
section, the superintendent of the state school for the blind and	65005
the superintendent of the state school for the deaf shall grant an	65006
honors diploma, in the same manner that the boards of education of	65007
school districts grant such diplomas under division (B) of section	65008
3313.61 of the Revised Code, to any student enrolled in one of	65009
these state schools who accomplishes all of the following:	65010

(1) Successfully completes the individualized education	65011
program developed for the student for the student's high school	65012
education pursuant to section 3323.08 of the Revised Code;	65013

(2) Subject to section 3313.614 of the Revised Code, has met	65014
the assessment requirements of division (B)(2)(a) or (b) of this	65015
section, as applicable.	65016

(a) If the student entered the ninth grade prior to the date	65017
prescribed by rule of the state board under division ~~(E)~~(D)(2) of	65018
section 3301.0712 of the Revised Code, the student either:	65019

(i) Has attained at least the applicable scores designated	65020
under division (B)(1) of section 3301.0710 of the Revised Code on	65021
all the assessments prescribed under that division;	65022

(ii) Has satisfied the alternative conditions prescribed in	65023
section 3313.615 of the Revised Code.	65024

(b) If the student entered the ninth grade on or after the	65025
date prescribed by rule of the state board under division	65026
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the student	65027
has ~~attained on~~met the requirements of the entire assessment	65028
system prescribed under division (B)(2) of section 3301.0710 of	65029
the Revised Code ~~at least the required passing composite score,~~	65030
~~designated under division (C)(1) of section 3301.0712 of the~~	65031
~~Revised Code~~.	65032

(3) Has met additional criteria for granting an honors	65033
diploma.	65034

These additional criteria shall be the same as those	65035
prescribed by the state board under division (B) of section	65036
3313.61 of the Revised Code for the granting of such diplomas by	65037
school districts. No honors diploma shall be granted to anyone	65038
failing to comply with this division and not more than one honors	65039
diploma shall be granted to any student under this division.	65040

(C) A diploma or honors diploma awarded under this section	65041
shall be signed by the superintendent of public instruction and	65042
the superintendent of the state school for the blind or the	65043
superintendent of the state school for the deaf, as applicable.	65044
Each diploma shall bear the date of its issue and be in such form	65045
as the school superintendent prescribes.	65046

(D) Upon granting a diploma to a student under this section,	65047
the superintendent of the state school in which the student is	65048
enrolled shall provide notice of receipt of the diploma to the	65049
board of education of the school district where the student is	65050
entitled to attend school under section 3313.64 or 3313.65 of the	65051
Revised Code when not residing at the state school for the blind	65052
or the state school for the deaf. The notice shall indicate the	65053
type of diploma granted.	65054

Sec. 3326.11. Each science, technology, engineering, and	65055
mathematics school established under this chapter and its	65056
governing body shall comply with sections 9.90, 9.91, 109.65,	65057
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	65058
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	65059
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	65060
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	65061
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648,	65062
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	65063
3313.671, 3313.672, 3313.673, ~~3313.674,~~ 3313.69, 3313.71,	65064
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	65065
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21,	65066
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	65067
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	65068
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	65069
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	65070
4123., 4141., and 4167. of the Revised Code as if it were a school	65071
district.	65072

Sec. 3326.111. If a science, technology, engineering, and	65073
mathematics school is the recipient of moneys from a grant awarded	65074
under the federal race to the top program, Division (A), Title	65075
XIV, Sections 14005 and 14006 of the "American Recovery and	65076
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	65077
governing body of the school shall pay teachers based upon	65078
performance in accordance with section 3317.141 and shall comply	65079
with section 3319.111 of the Revised Code as if it were a school	65080
district board of education.	65081

Sec. 3326.33. Payments and deductions under this section for	65082
fiscal years ~~2010~~2012 and ~~2011~~2013 shall be made in accordance	65083
with section 3326.39 of the Revised Code.	65084

For each student enrolled in a science, technology,	65085
engineering, and mathematics school established under this	65086
chapter, the department of education annually shall deduct from	65087
the state education aid of a student's resident school district	65088
and, if necessary, from the payment made to the district under	65089
sections 321.24 and 323.156 of the Revised Code and pay to the	65090
school the sum of the following:	65091

(A) The sum of the formula amount plus the per pupil amount	65092
of the base funding supplements specified in divisions (C)(1) to	65093
(4) of section 3317.012 of the Revised Code.	65094

(B) If the student is receiving special education and related	65095
services pursuant to an IEP, the product of the applicable special	65096
education weight times the formula amount;	65097

(C) If the student is enrolled in vocational education	65098
programs or classes that are described in section 3317.014 of the	65099
Revised Code, are provided by the school, and are comparable as	65100
determined by the superintendent of public instruction to school	65101
district vocational education programs and classes eligible for	65102
state weighted funding under section 3317.014 of the Revised Code,	65103
the product of the applicable vocational education weight times	65104
the formula amount times the percentage of time the student spends	65105
in the vocational education programs or classes;	65106

(D) If the student is included in the poverty student count	65107
of the student's resident district, the per pupil amount of the	65108
district's payment under division (C) of section 3317.029 of the	65109
Revised Code;	65110

(E) If the student is identified as limited English	65111
proficient and the student's resident district receives a payment	65112
for services to limited English proficient students under division	65113
(F) of section 3317.029 of the Revised Code, the per pupil amount	65114
of the district's payment under that division, calculated in the	65115
same manner as per pupil payments are calculated under division	65116
(C)(6) of section 3314.08 of the Revised Code;	65117

(F) If the student's resident district receives a payment	65118
under division (G), (H), or (I) of section 3317.029 of the Revised	65119
Code, the per pupil amount of the district's payments under each	65120
division, calculated in the same manner as per pupil payments are	65121
calculated under divisions (C)(7) and (8) of section 3314.08 of	65122
the Revised Code;	65123

(G) If the student's resident district receives a parity aid	65124
payment under section 3317.0217 of the Revised Code, the per pupil	65125
amount calculated for the district under division (C) or (D) of	65126
that section.	65127

Sec. 3326.39. For purposes of applying sections 3326.31 to	65128
3326.37 of the Revised Code to fiscal years ~~2010~~2012 and ~~2011~~	65129
2013:	65130

(A) The formula amount for STEM schools for each of fiscal	65131
~~year 2010 is $5,718, and for fiscal year 2011 is $5,703. These~~	65132
~~respective amounts~~years 2012 and 2013 is $5,653. That amount	65133
shall be applied wherein sections 3326.31 to 3326.37 of the	65134
Revised Code the formula amount is specified, except for deducting	65135
and paying amounts for special education weighted funding and	65136
vocational education weighted funding.	65137

(B) The base funding supplements under section 3317.012 of	65138
the Revised Code shall be deemed in each year to be the amounts	65139
specified in that section for fiscal year 2009. Accordingly, when	65140
computing the per-pupil base funding supplements for a STEM school	65141
under that section for fiscal years 2012 and 2013, the department	65142
of education shall substitute $5,732 for the "formula amount" as	65143
used in divisions (C)(2), (3), and (4) of that section.	65144

(C) Special education additional weighted funding shall be	65145
calculated by first grouping children with disabilities into the	65146
appropriate disability categories prescribed by section 3317.013	65147
of the Revised Code as that section existed for fiscal year 2009,	65148
and then by multiplying the ~~applicable weight~~respective multiple	65149
specified for that same fiscal year in that same version of that	65150
section ~~3317.013 of the Revised Code for fiscal year 2009~~, times	65151
$5,732.	65152

(D) Vocational education additional weighted funding shall be	65153
calculated by multiplying the applicable weight specified in	65154
section 3317.014 of the Revised Code for fiscal year 2009 times	65155
$5,732.	65156

(E) The per pupil amounts paid to a school district under	65157
sections 3317.029 and 3317.0217 of the Revised Code shall be	65158
deemed to be the respective per pupil amounts paid under those	65159
sections to that district for fiscal year 2009.	65160

Sec. 3327.02. (A) After considering each of the following	65161
factors, the board of education of a city, exempted village, or	65162
local school district may determine that it is impractical to	65163
transport a pupil who is eligible for transportation to and from a	65164
school under section 3327.01 of the Revised Code:	65165

(1) The time and distance required to provide the	65166
transportation;	65167

(2) The number of pupils to be transported;

65168

(3) The cost of providing transportation in terms of	65169
equipment, maintenance, personnel, and administration;	65170

(4) Whether similar or equivalent service is provided to	65171
other pupils eligible for transportation;	65172

(5) Whether and to what extent the additional service	65173
unavoidably disrupts current transportation schedules;	65174

(6) Whether other reimbursable types of transportation are	65175
available.	65176

(B)(1) Based on its consideration of the factors established	65177
in division (A) of this section, the board may pass a resolution	65178
declaring the impracticality of transportation. The resolution	65179
shall include each pupil's name and the reason for impracticality.	65180

(2) The board shall report its determination to the state	65181
board of education in a manner determined by the state board.	65182

(3) The board of education of a local school district	65183
additionally shall submit the resolution for concurrence to the	65184
educational service center that contains the local district's	65185
territory. If the educational service center governing board	65186
considers transportation by school conveyance practicable, it	65187
shall so inform the local board and transportation shall be	65188
provided by such local board. If the educational service center	65189
board agrees with the view of the local board, the local board may	65190
offer payment in lieu of transportation as provided in this	65191
section.	65192

(C) After passing the resolution declaring the impracticality	65193
of transportation, the district board shall offer to provide	65194
payment in lieu of transportation by doing the following:	65195

(1) In accordance with guidelines established by the	65196
department of education, informing the pupil's parent, guardian,	65197
or other person in charge of the pupil of both of the following:	65198

(a) The board's resolution;

65199

(b) The right of the pupil's parent, guardian, or other	65200
person in charge of the pupil to accept the offer of payment in	65201
lieu of transportation or to reject the offer and instead request	65202
the department to initiate mediation procedures.	65203

(2) Issuing the pupil's parent, guardian, or other person in	65204
charge of the pupil a contract or other form on which the parent,	65205
guardian, or other person in charge of the pupil is given the	65206
option to accept or reject the board's offer of payment in lieu of	65207
transportation.	65208

(D) If the parent, guardian, or other person in charge of the	65209
pupil accepts the offer of payment in lieu of providing	65210
transportation, the board shall pay the parent, guardian, or other	65211
person in charge of the ~~child~~pupil an amount that shall be not	65212
less than the amount determined by the department of education as	65213
the minimum for payment in lieu of transportation, and not more	65214
than the amount determined by the department as the average cost	65215
of pupil transportation for the previous school year. Payment may	65216
be prorated if the time period involved is only a part of the	65217
school year.	65218

(E)(1)(a) Upon the request of a parent, guardian, or other	65219
person in charge of the pupil who rejected the payment in lieu of	65220
transportation, the department shall conduct mediation procedures.	65221

(b) If the mediation does not resolve the dispute, the state	65222
board of education shall conduct a hearing in accordance with	65223
Chapter 119. of the Revised Code. The state board may approve the	65224
payment in lieu of transportation or may order the board of	65225
education to provide transportation. The decision of the state	65226
board is binding in subsequent years and on future parties in	65227
interest provided the facts of the determination remain	65228
comparable.	65229

(2) The school district shall provide transportation for the	65230
pupil from the time the parent, guardian, or other person in	65231
charge of the pupil requests mediation until the matter is	65232
resolved under division (E)(1)(a) or (b) of this section.	65233

(F)(1) If the department determines that a school district	65234
board has failed or is failing to provide transportation as	65235
required by division (E)(2) of this section or as ordered by the	65236
state board under division (E)(1)(b) of this section, the	65237
department shall order the school district board to pay to the	65238
pupil's parent, guardian, or other person in charge of the pupil,	65239
an amount equal to the state average daily cost of transportation	65240
as determined by the state board of education for the previous	65241
year. The school district board shall make payments on a schedule	65242
ordered by the department.	65243

(2) If the department subsequently finds that a school	65244
district board is not in compliance with an order issued under	65245
division (F)(1) of this section and the affected pupils are	65246
enrolled in a nonpublic or community school, the department shall	65247
deduct the amount that the board is required to pay under that	65248
order from any pupil transportation payments the department makes	65249
to the school district board under section ~~3306.12~~3317.0212 of	65250
the Revised Code or other provisions of law. The department shall	65251
use the moneys so deducted to make payments to the nonpublic or	65252
community school attended by the pupil. The department shall	65253
continue to make the deductions and payments required under this	65254
division until the school district board either complies with the	65255
department's order issued under division (F)(1) of this section or	65256
begins providing transportation.	65257

(G) A nonpublic or community school that receives payments	65258
from the department under division (F)(2) of this section shall do	65259
either of the following:	65260

(1) Disburse the entire amount of the payments to the parent,	65261
guardian, or other person in ~~control~~charge of the pupil affected	65262
by the failure of the school district of residence to provide	65263
transportation;	65264

(2) Use the entire amount of the payments to provide	65265
acceptable transportation for the affected pupil.	65266

Sec. 3327.04. (A) The board of education of any city,	65267
exempted village, or local school district may contract with the	65268
board of another district for the admission or transportation, or	65269
both, of pupils into any school in such other district, on terms	65270
agreed upon by such boards.	65271

(B) The boards of two school districts may enter into a	65272
contract under this section to share the provision of	65273
transportation to a child who resides in one school district and	65274
attends school in the other district. Under such an agreement, one	65275
district may claim the total transportation subsidy available for	65276
such child under section ~~3306.12~~3317.0212 of the Revised Code or	65277
other provisions of law and may agree to pay any portion of such	65278
subsidy to the other district sharing the provision of	65279
transportation to that child. The contract shall delineate the	65280
transportation responsibilities of each district.	65281

A school district that enters into a contract under this	65282
section is not liable for any injury, death, or loss to the person	65283
or property of a student that may occur while the student is being	65284
furnished transportation by the other school district that is a	65285
party to the contract.	65286

(C) Whenever a board not maintaining a high school enters	65287
into an agreement with one or more boards maintaining such school	65288
for the schooling of all its high school pupils, the board making	65289
such agreement is exempt from the payment of tuition at other high	65290
schools of pupils living within three miles of the school	65291
designated in the agreement. In case no such agreement is entered	65292
into, the high school to be attended can be selected by the pupil	65293
holding an eighth grade diploma, and the tuition shall be paid by	65294
the board of the district of school residence.	65295

Sec. 3327.05. (A) Except as provided in division (B) of this	65296
section, no board of education of any school district shall	65297
provide transportation for any pupil who is a school resident of	65298
another school district unless the pupil is enrolled pursuant to	65299
section 3313.98 of the Revised Code or the board of the other	65300
district has given its written consent thereto. If the board of	65301
any school district files with the state board of education a	65302
written complaint that transportation for resident pupils is being	65303
provided by the board of another school district contrary to this	65304
division, the state board of education shall make an investigation	65305
of such complaint. If the state board of education finds that	65306
transportation is being provided contrary to this section, it may	65307
withdraw from state funds due the offending district any part of	65308
the amount that has been approved for transportation pursuant to	65309
section ~~3306.12~~3317.0212 of the Revised Code or other provisions	65310
of law.	65311

(B) Notwithstanding division (D) of section 3311.19 and	65312
division (D) of section 3311.52 of the Revised Code, this division	65313
does not apply to any joint vocational or cooperative education	65314
school district.	65315

A board of education may provide transportation to and from	65316
the nonpublic school of attendance if both of the following apply:	65317

(1) The parent, guardian, or other person in charge of the	65318
pupil agrees to pay the board for all costs incurred in providing	65319
the transportation that are not reimbursed pursuant to Chapter	65320
~~3306. or~~ 3317. of the Revised Code;	65321

(2) The pupil's school district of residence does not provide	65322
transportation for public school pupils of the same grade as the	65323
pupil being transported under this division, or that district is	65324
not required under section 3327.01 of the Revised Code to	65325
transport the pupil to and from the nonpublic school because the	65326
direct travel time to the nonpublic school is more than thirty	65327
minutes.	65328

Upon receipt of the request to provide transportation, the	65329
board shall review the request and determine whether the board	65330
will accommodate the request. If the board agrees to transport the	65331
pupil, the board may transport the pupil to and from the nonpublic	65332
school and a collection point in the district, as determined by	65333
the board. If the board transports the pupil, the board may	65334
include the pupil in the district's transportation ADM reported to	65335
the department of education under section 3317.03 of the Revised	65336
Code and, accordingly, may receive a state payment under section	65337
~~3306.12~~3317.0212 of the Revised Code or other provisions of law	65338
for transporting the pupil.	65339

If the board declines to transport the pupil, the board, in a	65340
written communication to the parent, guardian, or other person in	65341
charge of the pupil, shall state the reasons for declining the	65342
request.	65343

Sec. 3328.01. As used in this chapter:

65344

(A) "Child with a disability," "IEP," and "school district of	65345
residence" have the same meanings as in section 3323.01 of the	65346
Revised Code.	65347

(B) "Eligible student" means a student who is entitled to	65348
attend school in a participating school district; is at risk of	65349
academic failure; is from a family whose income is below two	65350
hundred per cent of the federal poverty guidelines, as defined in	65351
section 5101.46 of the Revised Code; meets any additional criteria	65352
prescribed by agreement between the state board of education and	65353
the operator of the college-preparatory boarding school in which	65354
the student seeks enrollment; and meets at least two of the	65355
following additional conditions:	65356

(1) The student has a record of in-school disciplinary	65357
actions, suspensions, expulsions, or truancy.	65358

(2) The student has not attained at least a proficient score	65359
on the state achievement assessments in English language arts,	65360
reading, or mathematics prescribed under section 3301.0710 of the	65361
Revised Code, after those assessments have been administered to	65362
the student at least once, or the student has not attained at	65363
least a score designated by the board of trustees of the	65364
college-preparatory boarding school in which the student seeks	65365
enrollment under this chapter on an end-of-course examination in	65366
English language arts or mathematics prescribed under section	65367
3301.0712 of the Revised Code.	65368

(3) The student is a child with a disability.

65369

(4) The student has been referred for academic intervention	65370
services.	65371

(5) The student's head of household is a single parent. As	65372
used in this division and in division (B)(6) of this section,	65373
"head of household" means a person who occupies the same household	65374
as the student and who is financially responsible for the student.	65375

(6) The student's head of household is not the student's	65376
custodial parent.	65377

(7) A member of the student's family has been imprisoned, as	65378
defined in section 1.05 of the Revised Code.	65379

(C) "Entitled to attend school" means entitled to attend	65380
school in a school district under section 3313.64 or 3313.65 of	65381
the Revised Code.	65382

(D) "Formula ADM" and "category one through six special	65383
education ADM" have the same meanings as in section 3306.02 of the	65384
Revised Code.	65385

(E) "Operator" means the operator of a college-preparatory	65386
boarding school selected under section 3328.11 of the Revised	65387
Code.	65388

(F) "Participating school district" means either of the	65389
following:	65390

(1) The school district in which a college-preparatory	65391
boarding school established under this chapter is located;	65392

(2) A school district other than one described in division	65393
(F)(1) of this section that, pursuant to procedures adopted by the	65394
state board of education under section 3328.04 of the Revised	65395
Code, agrees to be a participating school district so that	65396
eligible students entitled to attend school in that district may	65397
enroll in a college-preparatory boarding school established under	65398
this chapter.	65399

(G) "State education aid" has the same meaning as in section	65400
3317.02 of the Revised Code.	65401

Sec. 3328.02. Each college-preparatory boarding school	65402
established under this chapter is a public school and is part of	65403
the state's program of education, subject to a charter granted by	65404
the state board of education under section 3301.16 of the Revised	65405
Code.	65406

Sec. 3328.03. In accordance with Section 22 of Article II,	65407
Ohio Constitution, no agreement or contract entered into under	65408
this chapter shall create an obligation of state funds for a	65409
period longer than two years; however, the general assembly, every	65410
two years, may authorize renewal of any such obligation.	65411

Sec. 3328.04. The city, exempted village, or local school	65412
district in which a college-preparatory boarding school	65413
established under this chapter is located is a participating	65414
school district under this chapter. Any other city, exempted	65415
village, or local school district may agree to be a participating	65416
school district. The state board of education shall adopt	65417
procedures for districts to agree to be participating school	65418
districts.	65419

Sec. 3328.11. (A) In accordance with the procedures	65420
prescribed in division (B) of this section, the state board of	65421
education shall select a private nonprofit corporation that meets	65422
the following qualifications to operate each college-preparatory	65423
boarding school established under this chapter:	65424

(1) The corporation has experience operating a school or	65425
program similar to the schools authorized under this chapter.	65426

(2) The school or program described in division (A)(1) of	65427
this section has demonstrated to the satisfaction of the state	65428
board success in improving the academic performance of students.	65429

(3) The corporation has demonstrated to the satisfaction of	65430
the state board that the corporation has the capacity to secure	65431
private funds for the development of the school authorized under	65432
this chapter.	65433

(B)(1) Not later than sixty days after the effective date of	65434
this section, the state board shall issue a request for proposals	65435
from private nonprofit corporations qualified to operate a	65436
college-preparatory boarding school established under this	65437
chapter. If the state board subsequently determines that the	65438
establishment of one or more additional college-preparatory	65439
boarding schools is advisable, the state board shall issue	65440
requests for proposals from private nonprofit corporations	65441
qualified to operate those additional schools.	65442

In all cases, the state board shall select the school's	65443
operator from among the qualified responders within one hundred	65444
eighty days after the issuance of the request for proposals. If no	65445
qualified responder submits a proposal, the state board may issue	65446
another request for proposals.	65447

(2) Each proposal submitted to the state board shall contain	65448
the following information:	65449

(a) The proposed location of the college-preparatory boarding	65450
school, which may differ from any location recommended by the	65451
state board in the request for proposals;	65452

(b) A plan for offering grade six in the school's initial	65453
year of operation and a plan for increasing the grade levels	65454
offered by the school in subsequent years;	65455

(c) Any other information about the proposed educational	65456
program, facilities, or operations of the school considered	65457
necessary by the state board.	65458

(C) No college-preparatory boarding school established under	65459
this chapter shall open for operation prior to the 2013-2014	65460
school year.	65461

Sec. 3328.12. The state board of education shall enter into	65462
a contract with the operator of each college-preparatory boarding	65463
school established under this chapter. The contract shall	65464
stipulate the following:	65465

(A) The school may operate only if and to the extent the	65466
school holds a valid charter granted by the state board under	65467
section 3301.16 of the Revised Code.	65468

(B) The operator shall oversee the acquisition of a facility	65469
for the school.	65470

(C) The operator shall operate the school in accordance with	65471
the terms of the proposal accepted by the state board under	65472
section 3328.11 of the Revised Code, including the plan for	65473
increasing the grade levels offered by the school.	65474

(D) The school shall comply with the provisions of this	65475
chapter.	65476

(E) The school shall comply with any other provisions of law	65477
specified in the contract, the charter granted by the state board,	65478
and the rules adopted by the state board under section 3328.50 of	65479
the Revised Code.	65480

(F) The school shall comply with the bylaws adopted by the	65481
operator under section 3328.13 of the Revised Code.	65482

(G) The school shall meet the academic goals and other	65483
performance standards specified in the contract.	65484

(H) The state board or the operator may terminate the	65485
contract in accordance with the procedures specified in the	65486
contract, which shall include at least a requirement that the	65487
party seeking termination give prior notice of the intent to	65488
terminate the contract and a requirement that the party receiving	65489
such notice be granted an opportunity to redress any grievances	65490
cited in the notice prior to the termination.	65491

(I) If the school closes for any reason, the school's board	65492
of trustees shall execute the closing in the manner specified in	65493
the contract.	65494

Sec. 3328.13. Each operator of a college-preparatory boarding	65495
school established under this chapter shall adopt bylaws for the	65496
oversight and operation of the school that are consistent with the	65497
provisions of this chapter, the rules adopted under section	65498
3328.50 of the Revised Code, the contract between the operator and	65499
the state board of education, and the charter granted to the	65500
school by the state board. The bylaws shall include procedures for	65501
the appointment of members of the school's board of trustees,	65502
whose terms of office shall be as prescribed in section 3328.15 of	65503
the Revised Code. The bylaws also shall include standards for the	65504
admission of students to the school and their dismissal from the	65505
school. The bylaws shall be subject to the approval of the state	65506
board.	65507

Sec. 3328.14. Each operator of a college-preparatory boarding	65508
school established under this chapter shall adopt a program of	65509
outreach to inform every city, local, and exempted village school	65510
district about the school and the procedures for admission to the	65511
school and for becoming a participating school district.	65512

Sec. 3328.15. (A) Each college-preparatory boarding school	65513
established under this chapter shall be governed by a board of	65514
trustees consisting of up to twenty-five members. Five of those	65515
members shall be appointed by the governor, with the advice and	65516
consent of the senate. The governor's appointments may be based on	65517
nonbinding recommendations made by the superintendent of public	65518
instruction. The remaining members shall be appointed pursuant to	65519
the bylaws adopted under section 3328.13 of the Revised Code.	65520

(B) The terms of office of the initial members shall be as	65521
follows:	65522

(1) Two members appointed by the governor shall serve for an	65523
initial term of three years.	65524

(2) Two members appointed by the governor shall serve for an	65525
initial term of two years.	65526

(3) One member appointed by the governor shall serve for an	65527
initial term of one year.	65528

(4) One-third of the members appointed pursuant to the	65529
bylaws, rounded down to the nearest whole number, shall serve for	65530
an initial term of three years.	65531

(5) One-third of the members appointed pursuant to the	65532
bylaws, rounded down to the nearest whole number, shall serve for	65533
an initial term of two years.	65534

(6) One-third of the members appointed pursuant to the	65535
bylaws, rounded down to the nearest whole number, shall serve for	65536
an initial term of one year.	65537

(7) Any remaining members appointed pursuant to the bylaws	65538
shall serve for an initial term of one year.	65539

Thereafter the terms of office of all members shall be for	65540
three years.	65541

The beginning date and ending date of terms of office shall	65542
be as prescribed in the bylaws adopted under section 3328.13 of	65543
the Revised Code.	65544

(C) Vacancies on the board shall be filled in the same manner	65545
as the initial appointments. A member appointed to an unexpired	65546
term shall serve for the remainder of that term and may be	65547
reappointed subject to division (D) of this section.	65548

(D) No member may serve for more than three consecutive	65549
three-year terms.	65550

(E) The officers of the board shall be selected by and from	65551
among the members of the board.	65552

(F) Compensation for the members of the board, if any, shall	65553
be as prescribed in the bylaws adopted under section 3328.13 of	65554
the Revised Code.	65555

Sec. 3328.17. Employees of a college-preparatory boarding	65556
school established under this chapter may organize and	65557
collectively bargain pursuant to Chapter 4117. of the Revised	65558
Code. Notwithstanding division (D)(1) of section 4117.06 of the	65559
Revised Code, a unit containing teaching and nonteaching employees	65560
employed under this section may be considered an appropriate unit.	65561

Sec. 3328.18. (A) As used in this section, "license" has the	65562
same meaning as in section 3319.31 of the Revised Code.	65563

(B) If a person who is employed by a college-preparatory	65564
boarding school established under this chapter or its operator is	65565
arrested, summoned, or indicted for an alleged violation of an	65566
offense listed in division (C) of section 3319.31 of the Revised	65567
Code, if the person holds a license, or an offense listed in	65568
division (B)(1) of section 3319.39 of the Revised Code, if the	65569
person does not hold a license, the chief administrator of the	65570
school in which that person works shall suspend that person from	65571
all duties that require the care, custody, or control of a child	65572
during the pendency of the criminal action against the person. If	65573
the person who is arrested, summoned, or indicted for an alleged	65574
violation of an offense listed in division (C) of section 3319.31	65575
or division (B)(1) of section 3319.39 of the Revised Code is the	65576
chief administrator of the school, the board of trustees of the	65577
school shall suspend the chief administrator from all duties that	65578
require the care, custody, or control of a child.	65579

(C) When a person who holds a license is suspended in	65580
accordance with this section, the chief administrator or board	65581
that imposed the suspension promptly shall report the person's	65582
suspension to the department of education. The report shall	65583
include the offense for which the person was arrested, summoned,	65584
or indicted.	65585

Sec. 3328.19. (A) As used in this section:

65586

(1) "Conduct unbecoming to the teaching profession" shall be	65587
as described in rules adopted by the state board of education.	65588

(2) "Intervention in lieu of conviction" means intervention	65589
in lieu of conviction under section 2951.041 of the Revised Code.	65590

(3) "License" has the same meaning as in section 3319.31 of	65591
the Revised Code.	65592

(4) "Pre-trial diversion program" means a pre-trial diversion	65593
program under section 2935.36 of the Revised Code or a similar	65594
diversion program under rules of a court.	65595

(B) The chief administrator of each college-preparatory	65596
boarding school established under this chapter, or the president	65597
or chairperson of the board of trustees of the school if division	65598
(C) of this section applies, shall promptly submit to the	65599
superintendent of public instruction the information prescribed in	65600
division (D) of this section when any of the following conditions	65601
applies to a person employed to work in the school who holds a	65602
license issued by the state board of education:	65603

(1) The chief administrator, or president or chairperson,	65604
knows that the employee has pleaded guilty to, has been found	65605
guilty by a jury or court of, has been convicted of, has been	65606
found to be eligible for intervention in lieu of conviction for,	65607
or has agreed to participate in a pre-trial diversion program for	65608
an offense described in division (B)(2) or (C) of section 3319.31	65609
or division (B)(1) of section 3319.39 of the Revised Code.	65610

(2) The board of trustees of the school, or the operator, has	65611
initiated termination or nonrenewal proceedings against, has	65612
terminated, or has not renewed the contract of the employee	65613
because the board or operator has reasonably determined that the	65614
employee has committed an act that is unbecoming to the teaching	65615
profession or an offense described in division (B)(2) or (C) of	65616
section 3319.31 or division (B)(1) of section 3319.39 of the	65617
Revised Code.	65618

(3) The employee has resigned under threat of termination or	65619
nonrenewal as described in division (B)(2) of this section.	65620

(4) The employee has resigned because of or in the course of	65621
an investigation by the board or operator regarding whether the	65622
employee has committed an act that is unbecoming to the teaching	65623
profession or an offense described in division (B)(2) or (C) of	65624
section 3319.31 or division (B)(1) of section 3319.39 of the	65625
Revised Code.	65626

(C) If the employee to whom any of the conditions prescribed	65627
in divisions (B)(1) to (4) of this section applies is the chief	65628
administrator of the school, the president or chairperson of the	65629
board of trustees of the school shall make the report required	65630
under this section.	65631

(D) If a report is required under this section, the chief	65632
administrator, or president or chairperson, shall submit to the	65633
superintendent of public instruction the name and social security	65634
number of the employee about whom the information is required and	65635
a factual statement regarding any of the conditions prescribed in	65636
divisions (B)(1) to (4) of this section that apply to the	65637
employee.	65638

(E) A determination made by the board or operator as	65639
described in division (B)(2) of this section or a termination,	65640
nonrenewal, resignation, or other separation described in	65641
divisions (B)(2) to (4) of this section does not create a	65642
presumption of the commission or lack of the commission by the	65643
employee of an act unbecoming to the teaching profession or an	65644
offense described in division (B)(2) or (C) of section 3319.31 or	65645
division (B)(1) of section 3319.39 of the Revised Code.	65646

(F) No individual required to submit a report under division	65647
(B) of this section shall knowingly fail to comply with that	65648
division.	65649

(G) An individual who provides information to the	65650
superintendent of public instruction in accordance with this	65651
section in good faith shall be immune from any civil liability	65652
that otherwise might be incurred or imposed for injury, death, or	65653
loss to person or property as a result of the provision of that	65654
information.	65655

Sec. 3328.191. The board of trustees of each	65656
college-preparatory boarding school established under this chapter	65657
shall require that the reports of any investigation by the board	65658
or by the school's operator of an employee who works in the	65659
school, regarding whether the employee has committed an act or	65660
offense for which the chief administrator of the school or the	65661
president or chairperson of the board is required to make a report	65662
to the superintendent of public instruction under section 3328.19	65663
of the Revised Code, be kept in the employee's personnel file. If,	65664
after an investigation under division (A) of section 3319.311 of	65665
the Revised Code, the superintendent of public instruction	65666
determines that the results of that investigation do not warrant	65667
initiating action under section 3319.31 of the Revised Code, the	65668
board shall require the reports of the investigation to be moved	65669
from the employee's personnel file to a separate public file.	65670

Sec. 3328.192. Notwithstanding any provision to the contrary	65671
in Chapter 4117. of the Revised Code, the provisions of sections	65672
3328.19 and 3328.191 of the Revised Code prevail over any	65673
conflicting provisions of a collective bargaining agreement or	65674
contract for employment entered into on or after the effective	65675
date of this section.	65676

Sec. 3328.193. (A) As used in this section, "license" has	65677
the same meaning as in section 3319.31 of the Revised Code.	65678

(B) No employee of a college-preparatory boarding school	65679
established under this chapter or its operator shall do either of	65680
the following:	65681

(1) Knowingly make a false report to the chief administrator	65682
of the school, or the chief administrator's designee, alleging	65683
misconduct by another employee of the school or its operator;	65684

(2) Knowingly cause the chief administrator, or the chief	65685
administrator's designee, to make a false report of the alleged	65686
misconduct to the superintendent of public instruction or the	65687
state board of education.	65688

(C) Any employee of a college-preparatory boarding school	65689
established under this chapter or its operator who in good faith	65690
reports to the chief administrator of the school, or the chief	65691
administrator's designee, information about alleged misconduct	65692
committed by another employee of the school or operator shall be	65693
immune from any civil liability that otherwise might be incurred	65694
or imposed for injury, death, or loss to person or property as a	65695
result of the reporting of that information.	65696

If the alleged misconduct involves a person who holds a	65697
license but the chief administrator is not required to submit a	65698
report to the superintendent of public instruction under section	65699
3328.19 of the Revised Code and the chief administrator, or the	65700
chief administrator's designee, in good faith reports the alleged	65701
misconduct to the superintendent of public instruction or the	65702
state board, the chief administrator, or the chief administrator's	65703
designee, shall be immune from any civil liability that otherwise	65704
might be incurred or imposed for injury, death, or loss to person	65705
or property as a result of the reporting of that information.	65706

(D)(1) In any civil action brought against a person in which	65707
it is alleged and proved that the person violated division (B) of	65708
this section, the court shall award the prevailing party	65709
reasonable attorney's fees and costs that the prevailing party	65710
incurred in the civil action or as a result of the false report	65711
that was the basis of the violation.	65712

(2) If a person is convicted of or pleads guilty to a	65713
violation of division (B) of this section, if the subject of the	65714
false report that was the basis of the violation was charged with	65715
any violation of a law or ordinance as a result of the false	65716
report, and if the subject of the false report is found not to be	65717
guilty of the charges brought against the subject as a result of	65718
the false report or those charges are dismissed, the court that	65719
sentences the person for the violation of division (B) of this	65720
section, as part of the sentence, shall order the person to pay	65721
restitution to the subject of the false report, in an amount equal	65722
to reasonable attorney's fees and costs that the subject of the	65723
false report incurred as a result of or in relation to the	65724
charges.	65725

Sec. 3328.20. (A) As used in this section:

65726

(1) "Designated official" means the chief administrator of a	65727
college-preparatory boarding school established under this	65728
chapter, or the chief administrator's designee.	65729

(2) "Essential school services" means services provided by a	65730
private company under contract with a college-preparatory boarding	65731
school established under this chapter that the chief administrator	65732
of the school has determined are necessary for the operation of	65733
the school and that would need to be provided by persons employed	65734
by the school or its operator if the services were not provided by	65735
the private company.	65736

(3) "License" has the same meaning as in section 3319.31 of	65737
the Revised Code.	65738

(B) This section applies to any person who is an employee of	65739
a private company under contract with a college-preparatory	65740
boarding school established under this chapter to provide	65741
essential school services and who will work in the school in a	65742
position that does not require a license issued by the state board	65743
of education, is not for the operation of a vehicle for pupil	65744
transportation, and that involves routine interaction with a child	65745
or regular responsibility for the care, custody, or control of a	65746
child.	65747

(C) No college-preparatory boarding school established under	65748
this chapter shall permit a person to whom this section applies to	65749
work in the school, unless one of the following applies to the	65750
person:	65751

(1) The person's employer presents proof of both of the	65752
following to the designated official:	65753

(a) That the person has been the subject of a criminal	65754
records check conducted in accordance with division (D) of this	65755
section within the five-year period immediately prior to the date	65756
on which the person will begin working in the school;	65757

(b) That the criminal records check indicates that the person	65758
has not been convicted of or pleaded guilty to any offense	65759
described in division (B)(1) of section 3319.39 of the Revised	65760
Code.	65761

(2) During any period of time in which the person will have	65762
routine interaction with a child or regular responsibility for the	65763
care, custody, or control of a child, the designated official has	65764
arranged for an employee of the school to be present in the same	65765
room with the child or, if outdoors, to be within a thirty-yard	65766
radius of the child or to have visual contact with the child.	65767

(D) Any private company that has been hired or seeks to be	65768
hired by a college-preparatory boarding school established under	65769
this chapter to provide essential school services may request the	65770
bureau of criminal identification and investigation to conduct a	65771
criminal records check of any of its employees for the purpose of	65772
complying with division (C)(1) of this section. Each request for a	65773
criminal records check under this division shall be made to the	65774
superintendent of the bureau in the manner prescribed in section	65775
3319.39 of the Revised Code. Upon receipt of a request, the bureau	65776
shall conduct the criminal records check in accordance with	65777
section 109.572 of the Revised Code as if the request had been	65778
made under section 3319.39 of the Revised Code.	65779

Notwithstanding division (H) of section 109.57 of the Revised	65780
Code, the private company may share the results of any criminal	65781
records check conducted under this division with the designated	65782
official for the purpose of complying with division (C)(1) of this	65783
section, but in no case shall the designated official release that	65784
information to any other person.	65785

Sec. 3328.21. (A) Any eligible student may apply for	65786
admission to a college-preparatory boarding school established	65787
under this chapter in a grade level offered by the school that is	65788
appropriate for the student and shall be admitted to the school in	65789
that grade level to the extent the student's admission is within	65790
the capacity of the school as established by the school's board of	65791
trustees, subject to division (B) of this section. If more	65792
eligible students apply for admission than the number of students	65793
permitted by the capacity established by the board of trustees,	65794
admission shall be by lot.	65795

(B) In the first year of operation, each school established	65796
under this chapter shall offer only grade six and shall not admit	65797
more than eighty students to the school. In each subsequent year	65798
of operation, the school may add additional grade levels as	65799
specified in the contract under section 3328.12 of the Revised	65800
Code, but at no time shall the school's total student population	65801
exceed four hundred students.	65802

Sec. 3328.22. The educational program of a	65803
college-preparatory boarding school established under this chapter	65804
shall include at least all of the following:	65805

(A) A remedial curriculum for students in grades lower than	65806
grade nine;	65807

(B) A college-preparatory curriculum for high school students	65808
that, at a minimum, shall comply with section 3313.603 of the	65809
Revised Code as that section applies to school districts;	65810

(C) Extracurricular activities, including athletic and	65811
cultural activities;	65812

(D) College admission counseling;

65813

(E) Health and mental health services;

65814

(F) Tutoring services;

65815

(G) Community services opportunities;

65816

(H) A residential student life program.

65817

Sec. 3328.23. (A) A college-preparatory boarding school	65818
established under this chapter and the school's operator shall	65819
comply with Chapter 3323. of the Revised Code as if the school	65820
were a school district. For each child with a disability enrolled	65821
in the school for whom an IEP has been developed, the school and	65822
its operator shall verify in the manner prescribed by the	65823
department of education that the school is providing the services	65824
required under the child's IEP.	65825

(B) The school district in which a child with a disability	65826
enrolled in the college-preparatory boarding school is entitled to	65827
attend school and the child's school district of residence, if	65828
different, are not obligated to provide the student with a free	65829
appropriate public education under Chapter 3323. of the Revised	65830
Code for as long as the child is enrolled in the	65831
college-preparatory boarding school.	65832

Sec. 3328.24. A college-preparatory boarding school	65833
established under this chapter, its operator, and its board of	65834
trustees shall comply with sections 3301.0710, 3301.0711,	65835
3301.0712, 3301.0714, 3319.39, and 3319.391 of the Revised Code as	65836
if the school and the operator were a school district and the	65837
school's board of trustees were a district board of education.	65838

Sec. 3328.25. (A) The board of trustees of a	65839
college-preparatory boarding school established under this chapter	65840
shall grant a diploma to any student enrolled in the school to	65841
whom all of the following apply:	65842

(1) The student has successfully completed the school's high	65843
school curriculum or the IEP developed for the student by the	65844
school pursuant to section 3323.08 of the Revised Code or has	65845
qualified under division (D) or (F) of section 3313.603 of the	65846
Revised Code, provided that the school shall not require a student	65847
to remain in school for any specific number of semesters or other	65848
terms if the student completes the required curriculum early.	65849

(2) Subject to section 3313.614 of the Revised Code, the	65850
student has met the assessment requirements of division (A)(2)(a)	65851
or (b) of this section, as applicable.	65852

(a) If the student entered ninth grade prior to the date	65853
prescribed by rule of the state board of education under division	65854
(D)(2) of section 3301.0712 of the Revised Code, the student	65855
either:	65856

(i) Has attained at least the applicable scores designated	65857
under division (B)(1) of section 3301.0710 of the Revised Code on	65858
all the assessments prescribed by that division unless division	65859
(L) of section 3313.61 of the Revised Code applies to the student;	65860

(ii) Has satisfied the alternative conditions prescribed in	65861
section 3313.615 of the Revised Code.	65862

(b) If the person entered ninth grade on or after the date	65863
prescribed by rule of the state board under division (D)(2) of	65864
section 3301.0712 of the Revised Code, the student has met the	65865
requirements of the entire assessment system prescribed under	65866
division (B)(2) of section 3301.0710 of the Revised Code, except	65867
to the extent that the student is excused from some portion of	65868
that assessment system pursuant to division (L) of section 3313.61	65869
of the Revised Code.	65870

(3) The student is not eligible to receive an honors diploma	65871
granted under division (B) of this section.	65872

No diploma shall be granted under this division to anyone	65873
except as provided in this division.	65874

(B) In lieu of a diploma granted under division (A) of this	65875
section, the board of trustees shall grant an honors diploma, in	65876
the same manner that boards of education of school districts grant	65877
honors diplomas under division (B) of section 3313.61 of the	65878
Revised Code, to any student enrolled in the school who	65879
accomplishes all of the following:	65880

(1) Successfully completes the school's high school	65881
curriculum or the IEP developed for the student by the school	65882
pursuant to section 3323.08 of the Revised Code;	65883

(2) Subject to section 3313.614 of the Revised Code, has met	65884
the assessment requirements of division (B)(2)(a) or (b) of this	65885
section, as applicable.	65886

(a) If the student entered ninth grade prior to the date	65887
prescribed by rule of the state board under division (D)(2) of	65888
section 3301.0712 of the Revised Code, the student either:	65889

(i) Has attained at least the applicable scores designated	65890
under division (B)(1) of section 3301.0710 of the Revised Code on	65891
all the assessments prescribed under that division;	65892

(ii) Has satisfied the alternative conditions prescribed in	65893
section 3313.615 of the Revised Code.	65894

(b) If the person entered ninth grade on or after the date	65895
prescribed by rule of the state board under division (D)(2) of	65896
section 3301.0712 of the Revised Code, the student has met the	65897
requirements of the entire assessment system prescribed under	65898
division (B)(2) of section 3301.0710 of the Revised Code.	65899

(3) Has met the additional criteria for granting an honors	65900
diploma prescribed by the state board under division (B) of	65901
section 3313.61 of the Revised Code for the granting of honors	65902
diplomas by school districts.	65903

An honors diploma shall not be granted to a student who is	65904
subject to the Ohio core curriculum prescribed in division (C) of	65905
section 3313.603 of the Revised Code but elects the option of	65906
division (D) or (F) of that section. No honors diploma shall be	65907
granted to anyone failing to comply with this division, and not	65908
more than one honors diploma shall be granted to any student under	65909
this division.	65910

(C) A diploma or honors diploma awarded under this section	65911
shall be signed by the presiding officer of the board of trustees.	65912
Each diploma shall bear the date of its issue and be in such form	65913
as the board of trustees prescribes.	65914

(D) Upon granting a diploma to a student under this section,	65915
the presiding officer of the board of trustees shall provide	65916
notice of receipt of the diploma to the board of education of the	65917
city, exempted village, or local school district where the student	65918
is entitled to attend school when not residing at the	65919
college-preparatory boarding school. The notice shall indicate the	65920
type of diploma granted.	65921

Sec. 3328.26. (A) The department of education shall issue an	65922
annual report card for each college-preparatory boarding school	65923
established under this chapter that includes all information	65924
applicable to school buildings under section 3302.03 of the	65925
Revised Code.	65926

(B) For each student enrolled in the school, the department	65927
shall combine data regarding the academic performance of that	65928
student with comparable data from the school district in which the	65929
student is entitled to attend school for the purpose of	65930
calculating the performance of the district as a whole on the	65931
report card issued for the district under section 3302.03 of the	65932
Revised Code.	65933

(C) Each college-preparatory boarding school and its operator	65934
shall comply with sections 3302.04 and 3302.041 of the Revised	65935
Code, except that any action required to be taken by a school	65936
district pursuant to those sections shall be taken by the school.	65937

Sec. 3328.31. Each college-preparatory boarding school	65938
established under this chapter shall report to the department of	65939
education, in the form and manner prescribed by the department,	65940
the following information:	65941

(A) The total number of students enrolled in the school;

65942

(B) The number of students enrolled in the school who are	65943
receiving special education and related services pursuant to an	65944
IEP;	65945

(C) The city, exempted village, or local school district in	65946
which each student reported under division (A) of this section is	65947
entitled to attend school;	65948

(D) Any additional information the department determines	65949
necessary to make payments to the school under this chapter.	65950

Sec. 3328.32. The city, exempted village, or local school	65951
district in which each child enrolled in a college-preparatory	65952
boarding school established under this chapter is entitled to	65953
attend school shall count that child in the district's average	65954
daily membership and in the district's category one through six	65955
special education ADM, as appropriate, as reported under divisions	65956
(A) and (B)(5) to (10) of section 3317.03 of the Revised Code.	65957

The department of education shall count that child in the	65958
district's formula ADM.	65959

Sec. 3328.33. (A) For each child enrolled in a	65960
college-preparatory boarding school, as reported under section	65961
3328.31 of the Revised Code, the department of education shall	65962
deduct from the state education aid and, if necessary, from the	65963
payment under sections 321.24 and 323.156 of the Revised Code, for	65964
the city, exempted village, or local school district in which the	65965
child is entitled to attend school the amount calculated under	65966
division (B) of this section, as set forth in the agreement filed	65967
with the department under division (C) of this section.	65968

(B) Each participating school district, in consultation with	65969
the college-preparatory boarding school's board of trustees, shall	65970
calculate the amount of funds per student to be deducted from the	65971
district's account under division (A) of this section, which shall	65972
be set forth in the agreement required by division (C) of this	65973
section. The amount to be deducted for each student shall equal	65974
eighty-five per cent of the operating expenditure per pupil of	65975
that district.	65976

As used in this division, a district's "operating expenditure	65977
per pupil" is the total amount of state payments and other	65978
nonfederal revenue spent by the district for operating expenses	65979
during the previous fiscal year, divided by the district's average	65980
daily membership, as reported under division (A) of section	65981
3317.03 of the Revised Code, for the previous fiscal year.	65982

(C) Each participating school district and the	65983
college-preparatory boarding school's board of trustees shall	65984
execute an agreement setting forth the amount per student to be	65985
deducted from the district's account, as calculated under division	65986
(B) of this section, and shall file a copy of that agreement with	65987
the department.	65988

Sec. 3328.34. (A) For each child enrolled in a	65989
college-preparatory boarding school, as reported under section	65990
3328.31 of the Revised Code, the department of education shall pay	65991
to the school the sum of the amount deducted from a participating	65992
school district's account for that child under section 3328.33 of	65993
the Revised Code plus the per-pupil boarding amount specified in	65994
division (B) of this section.	65995

(B) For the first fiscal year in which a college-preparatory	65996
boarding school may be established under this chapter, the	65997
"per-pupil boarding amount" is twenty-five thousand dollars. For	65998
each fiscal year thereafter, that amount shall be adjusted by the	65999
rate of inflation, as measured by the consumer price index (all	66000
urban consumers, all items) prepared by the bureau of labor	66001
statistics of the United States department of labor, for the	66002
previous twelve-month period.	66003

(C) The state board of education may accept funds from	66004
federal and state noneducation support services programs for the	66005
purpose of funding the per pupil boarding amount prescribed in	66006
division (B) of this section. Notwithstanding any other provision	66007
of the Revised Code, the state board shall coordinate and	66008
streamline any noneducation program requirements in order to	66009
eliminate redundant or conflicting requirements, licensing	66010
provisions, and oversight by government programs or agencies. The	66011
applicable regulatory entities shall, to the maximum extent	66012
possible, use independent reports and financial audits provided by	66013
the operator and coordinated by the department of education to	66014
eliminate or reduce contract and administrative reviews.	66015
Regulatory entities other than the state board may suggest	66016
reasonable additional items to be included in such independent	66017
reports and financial audits to meet any requirements of federal	66018
law. Reporting paperwork prepared for the state board shall be	66019
shared with and accepted by other state and local entities to the	66020
maximum extent feasible.	66021

(D)(1) Notwithstanding division (A) of this section, if, in	66022
any fiscal year, the operator of a college-preparatory boarding	66023
school receives federal funds for the purpose of supporting the	66024
school's operations, the amount of those federal funds shall be	66025
deducted from the total per-pupil boarding amount for all enrolled	66026
students paid by the department to the school for that fiscal	66027
year, unless the operator and the department determine otherwise	66028
in a written agreement. Any portion of the total per-pupil	66029
boarding amount for all enrolled students remaining after the	66030
deduction of the federal funds shall be paid by the department to	66031
the school from state funds appropriated to the department.	66032

(2) Notwithstanding division (A) of this section, if, in any	66033
fiscal year, the department receives federal funds for the purpose	66034
of supporting the operations of a college-preparatory boarding	66035
school, the department shall use those federal funds first to pay	66036
the school the total per-pupil boarding amount for all enrolled	66037
students for that fiscal year. Any portion of the total per-pupil	66038
boarding amount for all enrolled students remaining after the use	66039
of the federal funds shall be paid by the department to the school	66040
from state funds appropriated to the department.	66041

(3) If any federal funds are used for the purpose prescribed	66042
in division (D)(1) or (2) of this section, the department shall	66043
comply with all requirements upon which the acceptance of the	66044
federal funds is conditioned, including any requirements set forth	66045
in the funding application submitted by the operator or the	66046
department and, to the extent sufficient funds are appropriated by	66047
the general assembly, any requirements regarding maintenance of	66048
effort in expenditures.	66049

Sec. 3328.35. To the extent permitted by federal law, the	66050
department of education shall include college-preparatory boarding	66051
schools established under this chapter in its annual allocation of	66052
federal moneys under Title I of the "Elementary and Secondary	66053
Education Act of 1965," 20 U.S.C. 6301, et seq. The department may	66054
apply for any other federal moneys that may be used to support the	66055
operations of college-preparatory boarding schools established	66056
under this chapter.	66057

Sec. 3328.36. A college-preparatory boarding school	66058
established under this chapter shall be considered a school	66059
district and its board of trustees, on behalf of the school's	66060
operator, shall be considered a board of education for the purpose	66061
of applying to any state or federal agency for grants that a	66062
school district or public school may receive under federal or	66063
state law or any appropriations act of the general assembly. The	66064
college-preparatory boarding school and its operator may apply to	66065
any private entity to receive and accept funds.	66066

Sec. 3328.41. Each participating school district shall be	66067
responsible for providing transportation on a weekly basis for	66068
each student enrolled in a college-preparatory boarding school	66069
established under this chapter who is entitled to attend school in	66070
the district to and from that college-preparatory boarding school.	66071

Sec. 3328.45. (A) If the state board of education determines	66072
that a college-preparatory boarding school established under this	66073
chapter is not in compliance with any provision of this chapter or	66074
the terms of the contract entered into under section 3328.12 of	66075
the Revised Code, or that the school has failed to meet the	66076
academic goals or performance standards specified in that	66077
contract, the state board may initiate the termination procedures	66078
specified in the contract. No termination shall take effect prior	66079
to the end of a school year. Upon the effective date of a	66080
termination, the school shall close.	66081

(B) If a college-preparatory boarding school is required to	66082
close under division (A) of this section or closes for any other	66083
reason, the school's board of trustees shall execute the closing	66084
as provided in the contract under section 3328.12 of the Revised	66085
Code.	66086

Sec. 3328.50. The state board of education shall adopt rules	66087
in accordance with Chapter 119. of the Revised Code prescribing	66088
procedures necessary for the implementation of this chapter.	66089

Sec. 3328.99. (A) Whoever violates division (F) of section	66090
3328.19 of the Revised Code shall be punished as follows:	66091

(1) Except as otherwise provided in division (A)(2) of this	66092
section, the person is guilty of a misdemeanor of the fourth	66093
degree.	66094

(2) The person is guilty of a misdemeanor of the first degree	66095
if both of the following conditions apply:	66096

(a) The employee who is the subject of the report that the	66097
person fails to submit was required to be reported for the	66098
commission or alleged commission of an act or offense involving	66099
the infliction on a child of any physical or mental wound, injury,	66100
disability, or condition of a nature that constitutes abuse or	66101
neglect of the child.	66102

(b) During the period between the violation of division (F)	66103
of section 3328.19 of the Revised Code and the conviction of or	66104
plea of guilty by the person for that violation, the employee who	66105
is the subject of the report that the person fails to submit	66106
inflicts on any child attending a school district, educational	66107
service center, public or nonpublic school, or county board of	66108
developmental disabilities where the employee works any physical	66109
or mental wound, injury, disability, or condition of a nature that	66110
constitutes abuse or neglect of the child.	66111

(B) Whoever violates division (B) of section 3328.193 of the	66112
Revised Code is guilty of a misdemeanor of the first degree.	66113

Sec. 3329.08. At any regular meeting, the board of education	66114
of each local ~~school district, from lists adopted by the~~	66115
~~educational service center governing board, and the board of~~	66116
~~education of each~~, city, and exempted village school district	66117
shall determine by a majority vote of all members elected or	66118
appointed under division (B) or (F) of section 3311.71 of the	66119
Revised Code which of such textbooks or electronic textbooks so	66120
filed shall be used in the schools under its control.	66121

Sec. 3331.01. (A) As used in this chapter:

66122

(1) "Superintendent" or "superintendent of schools" of a	66123
school district means the person employed as the superintendent or	66124
that person's designee. ~~In the case of a local school district,~~	66125
~~such designee may be the superintendent of the educational service~~	66126
~~center to which the school district belongs.~~	66127

(2) "Chief administrative officer" means the chief	66128
administrative officer of a nonpublic or community school or that	66129
person's designee.	66130

(B)(1) Except as provided in division (B)(2) of this section,	66131
an age and schooling certificate may be issued only by the	66132
superintendent of the city, local, joint vocational, or exempted	66133
village school district in which the child in whose name such	66134
certificate is issued resides or by the chief administrative	66135
officer of the nonpublic or community school the child attends,	66136
and only upon satisfactory proof that the child to whom the	66137
certificate is issued is at least fourteen years of age.	66138

(2) A child who resides in this state shall apply for an age	66139
and schooling certificate to the superintendent of the school	66140
district in which the child resides, or to the chief	66141
administrative officer of the school that the child attends.	66142
Residents of other states who work in Ohio shall apply to the	66143
superintendent of the school district in which the place of	66144
employment is located, as a condition of employment or service.	66145

(C) Any such age and schooling certificate may be issued only	66146
upon satisfactory proof that the employment contemplated by the	66147
child is not prohibited by any law regulating the employment of	66148
such children. Section 4113.08 of the Revised Code does not apply	66149
to such employer in respect to such child while engaged in an	66150
employment legal for a child of the age stated therein.	66151

(D) Age and schooling certificate forms shall be approved by	66152
the state board of education, including forms submitted	66153
electronically. Forms shall not display the social security number	66154
of the child. Except as otherwise provided in this section, every	66155
application for an age and schooling certificate must be signed in	66156
the presence of the officer issuing it by the child in whose name	66157
it is issued.	66158

(E) A child shall furnish the superintendent or chief	66159
administrative officer all information required by this chapter in	66160
support of the issuance of a certificate.	66161

(F) On and after September 1, 2002, each superintendent and	66162
chief administrative officer who issues an age and schooling	66163
certificate shall file electronically the certificate with the	66164
director of commerce in accordance with rules adopted by the	66165
director of administrative services pursuant to section 1306.21 of	66166
the Revised Code. On and after September 1, 2002, only	66167
electronically filed certificates are valid to satisfy the	66168
requirements of Chapter 4109. of the Revised Code.	66169

Sec. 3333.03. (A) The governor, with the advice and consent	66170
of the senate, shall appoint the chancellor of the Ohio board of	66171
regents. ~~The governor may remove the chancellor in accordance with~~	66172
~~section 3.04 of the Revised Code, except that the removal shall~~	66173
~~not require the advice and consent of the senate.~~ The chancellor	66174
shall serve at the pleasure of the governor, and the governor	66175
shall prescribe the chancellor's duties in addition to the	66176
chancellor's duties prescribed by law. ~~In no case shall the~~	66177
~~chancellor assume any duties prescribed by the governor or law~~	66178
~~until the senate has consented to the chancellor's appointment.~~	66179
The governor shall fix the compensation for the chancellor. The	66180
chancellor shall be a member of the governor's cabinet.	66181

(B) ~~The term of office of the chancellor shall be five years.~~	66182
~~Any person appointed chancellor to fill a vacancy occurring prior~~	66183
~~to the expiration of the term for which the predecessor was~~	66184
~~appointed shall hold office for the remainder of that term. Any~~	66185
~~vacancy in the office shall be filled within sixty days after the~~	66186
~~vacancy occurs. Each chancellor shall continue in office~~	66187
~~subsequent to the expiration date of the term for which the~~	66188
~~chancellor was appointed until a successor takes office, or until~~	66189
~~a period of sixty days has elapsed, whichever occurs first. The~~	66190
~~chancellor may be reappointed.~~The term of the chancellor in	66191
office on the effective date of this amendment shall coincide with	66192
the term of that chancellor's appointing governor. Subsequent	66193
appointments to the office of chancellor shall be made pursuant to	66194
division (A) of this section.	66195

(C) The chancellor is responsible for appointing and fixing	66196
the compensation of all professional, administrative, and clerical	66197
employees and staff members necessary to assist in the performance	66198
of the chancellor's duties. All employees and staff shall serve at	66199
the chancellor's pleasure.	66200

(D) The chancellor shall be a person qualified by training	66201
and experience to understand the problems and needs of the state	66202
in the field of higher education and to devise programs, plans,	66203
and methods of solving the problems and meeting the needs.	66204

(E) Neither the chancellor nor any staff member or employee	66205
of the chancellor shall be a trustee, officer, or employee of any	66206
public or private college or university while serving as	66207
chancellor, staff member, or employee.	66208

Sec. 3333.043. (A) As used in this section:

66209

(1) "Institution of higher education" means the state	66210
universities listed in section 3345.011 of the Revised Code,	66211
municipal educational institutions established under Chapter 3349.	66212
of the Revised Code, community colleges established under Chapter	66213
3354. of the Revised Code, university branches established under	66214
Chapter 3355. of the Revised Code, technical colleges established	66215
under Chapter 3357. of the Revised Code, state community colleges	66216
established under Chapter 3358. of the Revised Code, any	66217
institution of higher education with a certificate of registration	66218
from the state board of career colleges and schools, and any	66219
institution for which the chancellor of the Ohio board of regents	66220
receives a notice pursuant to division (C) of this section.	66221

(2) "Community service" has the same meaning as in section	66222
3313.605 of the Revised Code.	66223

(B)(1) The board of trustees or other governing entity of	66224
each institution of higher education shall encourage and promote	66225
participation of students in community service through a program	66226
appropriate to the mission, student population, and environment of	66227
each institution. The program may include, but not be limited to,	66228
providing information about community service opportunities during	66229
student orientation or in student publications; providing awards	66230
for exemplary community service; encouraging faculty members to	66231
incorporate community service into students' academic experiences	66232
wherever appropriate to the curriculum; encouraging recognized	66233
student organizations to undertake community service projects as	66234
part of their purposes; and establishing advisory committees of	66235
students, faculty members, and community and business leaders to	66236
develop cooperative programs that benefit the community and	66237
enhance student experience. The program shall be flexible in	66238
design so as to permit participation by the greatest possible	66239
number of students, including part-time students and students for	66240
whom participation may be difficult due to financial, academic,	66241
personal, or other considerations. The program shall emphasize	66242
community service opportunities that can most effectively use the	66243
skills of students, such as tutoring or literacy programs. The	66244
programs shall encourage students to perform services that will	66245
not supplant the hiring of, result in the displacement of, or	66246
impair any existing employment contracts of any particular	66247
employee of any private or governmental entity for which services	66248
are performed.	66249

(2) The chancellor of the Ohio board of regents shall	66250
encourage all institutions of higher education in the development	66251
of community service programs. With the assistance of the Ohio	66252
~~community~~commission on service ~~council~~and volunteerism created	66253
in section 121.40 of the Revised Code, the chancellor shall make	66254
available information about higher education community service	66255
programs to institutions of higher education and to statewide	66256
organizations involved with or promoting volunteerism, including	66257
information about model community service programs, teacher	66258
training courses, and community service curricula and teaching	66259
materials for possible use by institutions of higher education in	66260
their programs. The chancellor shall encourage institutions of	66261
higher education to jointly coordinate higher education community	66262
service programs through consortia of institutions or other	66263
appropriate means of coordination.	66264

(C) The board of trustees of any nonprofit institution with a	66265
certificate of authorization issued pursuant to Chapter 1713. of	66266
the Revised Code or the governing authority of a private	66267
institution exempt from regulation under Chapter 3332. of the	66268
Revised Code as prescribed in section 3333.046 of the Revised Code	66269
may notify the chancellor that it is making itself subject to	66270
divisions (A) and (B) of this section. Upon receipt of such a	66271
notice, these divisions shall apply to that institution.	66272

Sec. 3333.0411. Not later than December 31, 2012, and	66273
annually thereafter, the chancellor of the Ohio board of regents	66274
shall report aggregate academic growth data for students assigned	66275
to graduates of teacher preparation programs approved under	66276
section 3333.048 of the Revised Code who teach English language	66277
arts or mathematics in any of grades four to eight in a public	66278
school in Ohio. For this purpose, the chancellor shall use the	66279
value-added progress dimension prescribed by section 3302.021 of	66280
the Revised Code. The chancellor shall aggregate the data by	66281
graduating class for each approved teacher preparation program,	66282
except that if a particular class has ten or fewer graduates to	66283
which this section applies, the chancellor shall report the data	66284
for a group of classes over a three-year period. In no case shall	66285
the report identify any individual graduate. The department of	66286
education shall share any data necessary for the report with the	66287
chancellor.	66288

Sec. 3333.31. (A) For state subsidy and tuition surcharge	66289
purposes, status as a resident of Ohio shall be defined by the	66290
chancellor of the Ohio board of regents by rule promulgated	66291
pursuant to Chapter 119. of the Revised Code. No adjudication as	66292
to the status of any person under such rule, however, shall be	66293
required to be made pursuant to Chapter 119. of the Revised Code.	66294
The term "resident" for these purposes shall not be equated with	66295
the definition of that term as it is employed elsewhere under the	66296
laws of this state and other states, and shall not carry with it	66297
any of the legal connotations appurtenant thereto. Rather, except	66298
as provided in ~~division~~divisions (B) and (D) of this section, for	66299
such purposes, the rule promulgated under this section shall have	66300
the objective of excluding from treatment as residents those who	66301
are present in the state primarily for the purpose of attending a	66302
state-supported or state-assisted institution of higher education,	66303
and may prescribe presumptive rules, rebuttable or conclusive, as	66304
to such purpose based upon the source or sources of support of the	66305
student, residence prior to first enrollment, evidence of	66306
intention to remain in the state after completion of studies, or	66307
such other factors as the chancellor deems relevant.	66308

(B) The rules of the chancellor for determining student	66309
residency shall grant residency status to a veteran and to the	66310
veteran's spouse and any dependent of the veteran, if both of the	66311
following conditions are met:	66312

(1) The veteran either:

66313

(a) Served one or more years on active military duty and was	66314
honorably discharged or received a medical discharge that was	66315
related to the military service;	66316

(b) Was killed while serving on active military duty or has	66317
been declared to be missing in action or a prisoner of war.	66318

(2) If the veteran seeks residency status for tuition	66319
surcharge purposes, the veteran has established domicile in this	66320
state as of the first day of a term of enrollment in an	66321
institution of higher education. If the spouse or a dependent of	66322
the veteran seeks residency status for tuition surcharge purposes,	66323
the veteran and the spouse or dependent seeking residency status	66324
have established domicile in this state as of the first day of a	66325
term of enrollment in an institution of higher education, except	66326
that if the veteran was killed while serving on active military	66327
duty or has been declared to be missing in action or a prisoner of	66328
war, only the spouse or dependent seeking residency status shall	66329
be required to have established domicile in accordance with this	66330
division.	66331

(C) The rules of the chancellor for determining student	66332
residency shall not deny residency status to a student who is	66333
either a dependent child of a parent, or the spouse of a person	66334
who, as of the first day of a term of enrollment in an institution	66335
of higher education, has accepted full-time employment and	66336
established domicile in this state for reasons other than gaining	66337
the benefit of favorable tuition rates.	66338

Documentation of full-time employment and domicile shall	66339
include both of the following documents:	66340

(1) A sworn statement from the employer or the employer's	66341
representative on the letterhead of the employer or the employer's	66342
representative certifying that the parent or spouse of the student	66343
is employed full-time in Ohio;	66344

(2) A copy of the lease under which the parent or spouse is	66345
the lessee and occupant of rented residential property in the	66346
state, a copy of the closing statement on residential real	66347
property of which the parent or spouse is the owner and occupant	66348
in this state or, if the parent or spouse is not the lessee or	66349
owner of the residence in which the parent or spouse has	66350
established domicile, a letter from the owner of the residence	66351
certifying that the parent or spouse resides at that residence.	66352

Residency officers may also evaluate, in accordance with the	66353
chancellor's rule, requests for immediate residency status from	66354
dependent students whose parents are not living and whose domicile	66355
follows that of a legal guardian who has accepted full-time	66356
employment and established domicile in the state for reasons other	66357
than gaining the benefit of favorable tuition rates.	66358

(D)(1) The rules of the chancellor for determining student	66359
residency shall grant residency status to a person who, while a	66360
resident of this state for state subsidy and tuition surcharge	66361
purposes, graduated from a high school in this state, if the	66362
person enrolls in an institution of higher education and	66363
establishes domicile in this state, regardless of the student's	66364
residence prior to that enrollment.	66365

(2) The rules of the chancellor for determining student	66366
residency shall not grant residency status to an alien if the	66367
alien is not also an immigrant or a nonimmigrant.	66368

(E) As used in this section:

66369

(1) "Dependent," "domicile," "institution of higher	66370
education," and "residency officer" have the meanings ascribed in	66371
the chancellor's rules adopted under this section.	66372

(2) "Alien" means a person who is not a United States citizen	66373
or a United States national.	66374

(3) "Immigrant" means an alien who has been granted the right	66375
by the United States bureau of citizenship and immigration	66376
services to reside permanently in the United States and to work	66377
without restrictions in the United States.	66378

(4) "Nonimmigrant" means an alien who has been granted the	66379
right by the United States bureau of citizenship and immigration	66380
services to reside temporarily in the United States.	66381

Sec. 3333.43. This section does not apply to any	66382
baccalaureate degree program that is a cooperative education	66383
program, as defined in section 3333.71 of the Revised Code.	66384

(A) The chancellor of the Ohio board of regents shall require	66385
all state institutions of higher education that offer	66386
baccalaureate degrees, as a condition of reauthorization for	66387
certification of each baccalaureate program offered by the	66388
institution, to submit a statement describing how each major for	66389
which the school offers a baccalaureate degree may be completed	66390
within three academic years. The chronology of the statement shall	66391
begin with the fall semester of a student's first year of the	66392
baccalaureate program.	66393

(B) The statement required under this section may include,	66394
but not be limited to, any of the following methods to contribute	66395
to earning a baccalaureate degree in three years:	66396

(1) Advanced placement credit;

66397

(2) International baccalaureate program credit;

66398

(3) A waiver of degree and credit-hour requirements by	66399
completion of courses that are widely available at community	66400
colleges in the state or through online programs offered by state	66401
institutions of higher education or private nonprofit institutions	66402
of higher education holding certificates of authorization under	66403
Chapter 1713. of the Revised Code, and through courses taken by	66404
the student through the post-secondary enrollment options program	66405
under Chapter 3365. of the Revised Code;	66406

(4) Completion of coursework during summer sessions;

66407

(5) A waiver of foreign-language degree requirements based on	66408
a proficiency examination specified by the institution.	66409

(C)(1) Not later than October 15, 2012, each state	66410
institution of higher education shall provide statements required	66411
under this section for ten per cent of all baccalaureate degree	66412
programs offered by the institution.	66413

(2) Not later than June 30, 2014, each state institution of	66414
higher education shall provide statements required under this	66415
section for sixty per cent of all baccalaureate degree programs	66416
offered by the institution.	66417

(D) Each state institution of higher education required to	66418
submit statements under this section shall post its three-year	66419
option on its web site and also provide that information to the	66420
department of education. The department shall distribute that	66421
information to the superintendent, high school principal, and	66422
guidance counselor, or equivalents, of each school district,	66423
community school established under Chapter 3314. of the Revised	66424
Code, and STEM school established under Chapter 3326. of the	66425
Revised Code.	66426

(E) Nothing in this section requires an institution to take	66427
any action that would violate the requirements of any independent	66428
association accrediting baccalaureate degree programs.	66429

Sec. 3333.66. (A)(1) Except as provided in division (A)(2) of	66430
this section, in each academic year, no student who receives a	66431
choose Ohio first scholarship shall receive less than one thousand	66432
five hundred dollars or more than one-half of the highest in-state	66433
undergraduate instructional and general fees charged by all state	66434
universities. For this purpose, if Miami university is	66435
implementing the pilot tuition restructuring plan originally	66436
recognized in Am. Sub. H.B. 95 of the 125th general assembly, that	66437
university's instructional and general fees shall be considered to	66438
be the average full-time in-state undergraduate instructional and	66439
general fee amount after taking into account the Ohio resident and	66440
Ohio leader scholarships and any other credit provided to all Ohio	66441
residents.	66442

(2) The chancellor of the Ohio board of regents may authorize	66443
a state university or college or a nonpublic Ohio institution of	66444
higher education to award a choose Ohio first scholarship in an	66445
amount greater than one-half of the highest in-state undergraduate	66446
instructional and general fees charged by all state universities	66447
to either of the following:	66448

(a) Any undergraduate student who qualifies for a scholarship	66449
and is enrolled in a program leading to a teaching profession in	66450
science, technology, engineering, mathematics, or medicine;	66451

(b) Any graduate student who qualifies for a scholarship, if	66452
any initiatives are selected for award under division (B) of this	66453
section.	66454

(B) The chancellor shall encourage state universities and	66455
colleges, alone or in collaboration with other state institutions	66456
of higher education, nonpublic Ohio universities and colleges, or	66457
other public or private Ohio entities, to submit proposals under	66458
the choose Ohio first scholarship program for initiatives that	66459
recruit either of the following:	66460

(1) Ohio residents who enrolled in colleges and universities	66461
in other states or other countries to return to Ohio and enroll in	66462
state universities or colleges as graduate students in the fields	66463
of science, technology, engineering, mathematics, and medicine, or	66464
in the fields of science, technology, engineering, mathematics, or	66465
medical education. If such proposals are submitted and meet the	66466
chancellor's competitive criteria for awards, the chancellor,	66467
subject to approval by the controlling board, shall give at least	66468
one of the proposals preference for an award.	66469

(2) Graduates, or undergraduates who will graduate in time to	66470
participate in the program described in this division by the	66471
subsequent school year, from an Ohio college or university who	66472
received, or will receive, a degree in science, technology,	66473
engineering, mathematics, or medicine to participate in a	66474
graduate-level teacher education masters program in one of those	66475
fields that requires the student to establish a domicile in the	66476
state and to commit to teach for a minimum of three years in a	66477
hard-to-staff school district in the state upon completion of the	66478
master's degree program. The chancellor may require a college or	66479
university to give priority to qualified candidates who graduated	66480
from a high school in this state.	66481

"Hard-to-staff" shall be as defined by the department of	66482
education.	66483

(C) The general assembly intends that money appropriated for	66484
the choose Ohio first scholarship program in each fiscal year be	66485
used for scholarships in the following academic year.	66486

Sec. 3333.81. As used in sections 3333.81 to 3333.88 of the	66487
Revised Code:	66488

(A) "Clearinghouse" means the clearinghouse established under	66489
section 3333.82 of the Revised Code.	66490

(B) "Community school" means a community school established	66491
under Chapter 3314. of the Revised Code.	66492

(C) "Common statewide platform" means a software program that	66493
facilitates the delivery of courses via computers from multiple	66494
course providers to multiple end users, tracks the progress of the	66495
end user, and includes an integrated searchable database of	66496
standards-based course content.	66497

(D) "Course provider" means a school district, community	66498
school, STEM school, state institution of higher education,	66499
private college or university, or nonprofit or for-profit private	66500
entity that creates or is an agent of the creator of original	66501
course content for a course offered through the clearinghouse.	66502

(E) "Instructor" means an individual who holds a license	66503
issued by the state board of education, as defined in section	66504
3319.31 of the Revised Code, or an individual employed as an	66505
instructor or professor by a state institution of higher education	66506
or a private college or university.	66507

(F) "State institution of higher education" has the same	66508
meaning as in section 3345.011 of the Revised Code.	66509

(G) "STEM school" means a science, technology, engineering,	66510
and mathematics school established under Chapter 3326. of the	66511
Revised Code.	66512

(H) A "student's community school" means the community school	66513
in which the student is enrolled instead of being enrolled in a	66514
school operated by a school district.	66515

(I) A "student's school district" means the school district	66516
operating the school in which the student is lawfully enrolled.	66517

(J) "A student's STEM school" means the STEM school in which	66518
the student is enrolled instead of being enrolled in a school	66519
operated by a school district.	66520

(K) "School district" means a city, exempted village, local,	66521
or joint vocational school district.	66522

Sec. 3333.82. (A) The chancellor of the Ohio board of	66523
regents shall establish a clearinghouse of interactive distance	66524
learning courses and other distance learning courses delivered via	66525
a computer-based method offered by school districts, community	66526
schools, STEM schools, state institutions of higher education,	66527
private colleges and universities, and other nonprofit and	66528
for-profit course providers for sharing with other school	66529
districts, community schools, STEM schools, state institutions of	66530
higher education, private colleges and universities, and	66531
individuals for the fee set pursuant to section 3333.84 of the	66532
Revised Code. The chancellor shall not be responsible for the	66533
content of courses offered through the clearinghouse; however, all	66534
such courses shall be delivered only in accordance with technical	66535
specifications approved by the chancellor and on a common	66536
statewide platform administered by the chancellor.	66537

The clearinghouse's distance learning program for students in	66538
grades kindergarten to twelve shall be based on the following	66539
principles:	66540

(1) All Ohio students shall have access to high quality	66541
distance learning courses at any point in their educational	66542
careers.	66543

(2) All students shall be able to customize their education	66544
using distance learning courses offered through the clearinghouse	66545
and no student shall be denied access to any course in the	66546
clearinghouse in which the student is eligible to enroll.	66547

(3) Students may take distance learning courses for all or	66548
any portion of their curriculum requirements and may utilize a	66549
combination of distance learning courses and courses taught in a	66550
traditional classroom setting.	66551

(4) Students may earn an unlimited number of academic credits	66552
through distance learning courses.	66553

(5) Students may take distance learning courses at any time	66554
of the calendar year.	66555

(6) Student advancement to higher coursework shall be based	66556
on a demonstration of subject area competency instead of	66557
completion of any particular number of hours of instruction.	66558

(B) To offer a course through the clearinghouse, a course	66559
provider shall apply to the chancellor in a form and manner	66560
prescribed by the chancellor. The application for each course	66561
shall describe the course of study in as much detail as required	66562
by the chancellor, whether an instructor is provided, the	66563
qualification and credentials of the instructor, the number of	66564
hours of instruction, and any other information required by the	66565
chancellor. The chancellor may require course providers to include	66566
in their applications information recommended by the state board	66567
of education under former section 3353.30 of the Revised Code.	66568

(C) The chancellor shall review the technical specifications	66569
of each application submitted under division (B) of this section.	66570
In reviewing applications, the chancellor may consult with the	66571
department of education; however, the responsibility to either	66572
approve or not approve a course for the clearinghouse belongs to	66573
the chancellor. The chancellor may request additional information	66574
from a course provider that submits an application under division	66575
(B) of this section, if the chancellor determines that such	66576
information is necessary. The chancellor may negotiate changes in	66577
the proposal to offer a course, if the chancellor determines that	66578
changes are necessary in order to approve the course.	66579

(D) The chancellor shall catalog each course approved for the	66580
clearinghouse, through a print or electronic medium, displaying	66581
the following:	66582

(1) Information necessary for a student and the student's	66583
parent, guardian, or custodian and the student's school district,	66584
community school, STEM school, college, or university to decide	66585
whether to enroll in or subscribe to the course;	66586

(2) Instructions for enrolling in that course, including	66587
deadlines for enrollment.	66588

(E) Any expenses related to the installation of a course into	66589
the common statewide platform shall be borne by the course	66590
provider.	66591

(F) ~~The chancellor may contract with an entity to perform any~~	66592
~~or all of the chancellor's duties under sections 3333.81 to~~	66593
~~3333.88 of the Revised Code.~~The eTech Ohio commission, in	66594
consultation with the chancellor and the state board, shall	66595
distribute information to students and parents describing the	66596
clearinghouse. The information shall be provided in an easily	66597
understandable format.	66598

Sec. 3333.83. (A) ~~A student who is enrolled in a school~~	66599
~~operated by a school district or in a community school or STEM~~	66600
~~school may enroll in a course through the clearinghouse only if~~	66601
~~both of the following conditions are satisfied:~~	66602

~~(1) The student's enrollment in the course is approved by the~~	66603
~~student's school district, community school, or STEM school.~~	66604

~~(2) The student's school district, community school, or STEM~~	66605
~~school agrees to accept for credit the grade assigned by the~~	66606
~~course provider, if that provider is another school district,~~	66607
~~community school, or STEM school~~Each school district, community	66608
school, and STEM school shall encourage students to take advantage	66609
of the distance learning opportunities offered through the	66610
clearinghouse and shall assist any student electing to participate	66611
in the clearinghouse with the selection and scheduling of courses	66612
that satisfy the district's or school's curriculum requirements	66613
and promote the student's post-secondary college or career plans.	66614

(B) For each student enrolled in a school operated by a	66615
school district or in a community school or STEM school who is	66616
enrolling in a course provided through the clearinghouse by	66617
another school district, community school, or STEM school, the	66618
student's school district, community school, or STEM school shall	66619
transmit the student's name to the course provider.	66620

The course provider may request from the student's school	66621
district, community school, or STEM school other information from	66622
the student's school record. The district or school shall provide	66623
the requested information only in accordance with section 3319.321	66624
of the Revised Code.	66625

(C) The student's school district, community school, or STEM	66626
school shall determine the manner in which and facilities at which	66627
the student shall participate in the course consistent with	66628
specifications for technology and connectivity adopted by the	66629
chancellor of the Ohio board of regents.	66630

(D) A student may withdraw from a course prior to the end of	66631
the course only by a date and in a manner prescribed by the	66632
student's school district, community school, or STEM school.	66633

(E) A student who is enrolled in a school operated by a	66634
school district or in a community school or STEM school and who	66635
takes a course through the clearinghouse shall be counted in the	66636
formula ADM of a school district under section 3317.03 of the	66637
Revised Code as if the student were taking the course from the	66638
student's school district, community school, or STEM school.	66639

Sec. 3333.84. (A) The fee charged for any course offered	66640
through the clearinghouse shall be set by the course provider.	66641

(B) The chancellor of the Ohio board of regents shall	66642
prescribe the manner in which the fee for a course shall be	66643
collected or deducted from the school district, school, college or	66644
university, or individual subscribing to the course and in which	66645
manner the fee shall be paid to the course provider.	66646

(C) The chancellor may retain a percentage of the fee charged	66647
for a course to offset the cost of maintaining and operating the	66648
clearinghouse, including the payment of compensation for an entity	66649
or a private entity that is under contract with the chancellor	66650
under division (F) of section 3333.82 of the Revised Code. The	66651
percentage retained shall be determined by the chancellor.	66652

(D) Nothing in this section shall be construed to require the	66653
school district, community school, or STEM school in which a	66654
student is enrolled to pay the fee charged for a course taken by	66655
the student.	66656

Sec. 3333.85. (A) The grade for a student enrolled in a	66657
school operated by a school district or in a community school or	66658
STEM school for a course provided through the clearinghouse by	66659
another school district, community school, or STEM school shall be	66660
assigned by the course provider and shall be transmitted to the	66661
student's school district, community school, or STEM school.	66662

(B) The district or school enrolling the student shall award	66663
the student credit for successful completion of the course. The	66664
credit awarded shall be equivalent to any credit that would be	66665
granted for successful completion of a similar course offered by	66666
the district or school.	66667

(C) No district or school shall prohibit or otherwise limit	66668
any student's access to or participation in courses offered	66669
through the clearinghouse, or refuse to recognize such courses as	66670
fulfilling curriculum requirements, including the requirements for	66671
a high school diploma under section 3313.603 of the Revised Code.	66672

Sec. 3333.87. The chancellor of the Ohio board of regents	66673
and the state board of education jointly, and in consultation with	66674
the director of the governor's office of 21st century education,	66675
shall adopt rules in accordance with Chapter 119. of the Revised	66676
Code prescribing procedures for the implementation of sections	66677
3333.81 to 3333.86 of the Revised Code.	66678

Sec. 3333.90. (A) As used in this section:

66679

(1) "Allocated state share of instruction" means, for any	66680
fiscal year, the amount of the state share of instruction	66681
appropriated to the Ohio board of regents by the general assembly	66682
that is allocated to a community or technical college or community	66683
or technical college district for such fiscal year.	66684

(2) "~~Authority~~Issuing authority" ~~means the Ohio building~~	66685
~~authority~~has the same meaning as in section 154.01 of the Revised	66686
Code.	66687

(3) "Bond service charges" has the same meaning as in section	66688
~~152.09~~154.01 of the Revised Code.	66689

(4) "Chancellor" means the chancellor of the Ohio board of	66690
regents.	66691

(5) "Community or technical college" or "college" means any	66692
of the following state-supported or state-assisted institutions of	66693
higher education:	66694

(a) A community college as defined in section 3354.01 of the	66695
Revised Code;	66696

(b) A technical college as defined in section 3357.01 of the	66697
Revised Code;	66698

(c) A state community college as defined in section 3358.01	66699
of the Revised Code.	66700

(6) "Community or technical college district" or "district"	66701
means any of the following institutions of higher education that	66702
are state-supported or state-assisted:	66703

(a) A community college district as defined in section	66704
3354.01 of the Revised Code;	66705

(b) A technical college district as defined in section	66706
3357.01 of the Revised Code;	66707

(c) A state community college district as defined in section	66708
3358.01 of the Revised Code.	66709

(7) "Credit enhancement facilities" has the same meaning as	66710
in section 133.01 of the Revised Code.	66711

(8) "Obligations" has the meaning as in section ~~152.09~~154.01	66712
or 3345.12 of the Revised Code, as the context requires.	66713

(B) The board of trustees of any community or technical	66714
college district authorizing the issuance of obligations under	66715
section 3354.12, 3354.121, 3357.11, 3357.112, or 3358.10 of the	66716
Revised Code, or for whose benefit and on whose behalf the issuing	66717
authority proposes to issue obligations under ~~division (G) of~~	66718
section ~~152.09~~154.25 of the Revised Code, may adopt a resolution	66719
requesting the chancellor to enter into an agreement with the	66720
community or technical college district and the primary paying	66721
agent or fiscal agent for such obligations, providing for the	66722
withholding and deposit of funds otherwise due the district or the	66723
community or technical college it operates in respect of its	66724
allocated state share of instruction, for the payment of bond	66725
service charges on such obligations.	66726

The board of trustees shall deliver to the chancellor a copy	66727
of the resolution and any additional pertinent information the	66728
chancellor may require.	66729

The chancellor and the office of budget and management, and	66730
the issuing authority in the case of obligations to be issued by	66731
the issuing authority, shall evaluate each request received from a	66732
community or technical college district under this section. The	66733
chancellor, with the advice and consent of the director of budget	66734
and management and the issuing authority in the case of	66735
obligations to be issued by the issuing authority, shall approve	66736
each request if all of the following conditions are met:	66737

(1) Approval of the request will enhance the marketability of	66738
the obligations for which the request is made;	66739

(2) The chancellor and the office of budget and management,	66740
and the issuing authority in the case of obligations to be issued	66741
by the issuing authority, have no reason to believe the requesting	66742
community or technical college district or the community or	66743
technical college it operates will be unable to pay when due the	66744
bond service charges on the obligations for which the request is	66745
made, and bond service charges on those obligations are therefore	66746
not anticipated to be paid pursuant to this section from the	66747
allocated state share of instruction for purposes of Section 17 of	66748
Article VIII, Ohio Constitution.	66749

(3) Any other pertinent conditions established in rules	66750
adopted under division (H) of this section.	66751

(C) If the chancellor approves the request of a community or	66752
technical college district to withhold and deposit funds pursuant	66753
to this section, the chancellor shall enter into a written	66754
agreement with the district and the primary paying agent or fiscal	66755
agent for the obligations, which agreement shall provide for the	66756
withholding of funds pursuant to this section for the payment of	66757
bond service charges on those obligations. The agreement may also	66758
include both of the following:	66759

(1) Provisions for certification by the district to the	66760
chancellor, prior to the deadline for payment of the applicable	66761
bond service charges, whether the district and the community or	66762
technical college it operates are able to pay those bond service	66763
charges when due;	66764

(2) Requirements that the district or the community or	66765
technical college it operates deposits amounts for the payment of	66766
those bond service charges with the primary paying agent or fiscal	66767
agent for the obligations prior to the date on which the bond	66768
service charges are due to the owners or holders of the	66769
obligations.	66770

(D) Whenever a district or the community or technical college	66771
it operates notifies the chancellor that it will not be able to	66772
pay the bond service charges when they are due, subject to the	66773
withholding provisions of this section, or whenever the applicable	66774
paying agent or fiscal agent notifies the chancellor that it has	66775
not timely received from a district or from the college it	66776
operates the full amount needed for payment of the bond service	66777
charges when due to the holders or owners of such obligations, the	66778
chancellor shall immediately contact the district or college and	66779
the paying agent or fiscal agent to confirm that the district and	66780
the college are not able to make the required payment by the date	66781
on which it is due.	66782

If the chancellor confirms that the district and the college	66783
are not able to make the payment and the payment will not be made	66784
pursuant to a credit enhancement facility, the chancellor shall	66785
promptly pay to the applicable primary paying agent or fiscal	66786
agent the lesser of the amount due for bond service charges or the	66787
amount of the next periodic distribution scheduled to be made to	66788
the district or to the college in respect of its allocated state	66789
share of instruction. If this amount is insufficient to pay the	66790
total amount then due the agent for the payment of bond service	66791
charges, the chancellor shall continue to pay to the agent from	66792
each periodic distribution thereafter, and until the full amount	66793
due the agent for unpaid bond service charges is paid in full, the	66794
lesser of the remaining amount due the agent for bond service	66795
charges or the amount of the next periodic distribution scheduled	66796
to be made to the district or college in respect of its allocated	66797
state share of instruction.	66798

(E) The chancellor may make any payments under this section	66799
by direct deposit of funds by electronic transfer.	66800

Any amount received by a paying agent or fiscal agent under	66801
this section shall be applied only to the payment of bond service	66802
charges on the obligations of the community or technical college	66803
district or community or technical college subject to this section	66804
or to the reimbursement of the provider of a credit enhancement	66805
facility that has paid the bond service charges.	66806

(F) The chancellor may make payments under this section to	66807
paying agents or fiscal agents during any fiscal biennium of the	66808
state only from and to the extent that money is appropriated to	66809
the board of regents by the general assembly for distribution	66810
during such biennium for the state share of instruction and only	66811
to the extent that a portion of the state share of instruction has	66812
been allocated to the community or technical college district or	66813
community or technical college. Obligations of the issuing	66814
authority or of a community or technical college district to which	66815
this section is made applicable do not constitute an obligation or	66816
a debt or a pledge of the faith, credit, or taxing power of the	66817
state, and the holders or owners of those obligations have no	66818
right to have excises or taxes levied or appropriations made by	66819
the general assembly for the payment of bond service charges on	66820
the obligations, and the obligations shall contain a statement to	66821
that effect. The agreement for or the actual withholding and	66822
payment of money under this section does not constitute the	66823
assumption by the state of any debt of a community or technical	66824
college district or a community or technical college, and bond	66825
service charges on the related obligations are not anticipated to	66826
be paid from the state general revenue fund for purposes of	66827
Section 17 of Article VIII, Ohio Constitution.	66828

(G) In the case of obligations subject to the withholding	66829
provisions of this section, the issuing community or technical	66830
college district, or the issuing authority in the case of	66831
obligations issued by the issuing authority, shall appoint a	66832
paying agent or fiscal agent who is not an officer or employee of	66833
the district or college.	66834

(H) The chancellor, with the advice and consent of the office	66835
of budget and management, may adopt reasonable rules not	66836
inconsistent with this section for the implementation of this	66837
section to secure payment of bond service charges on obligations	66838
issued by a community or technical college district or by the	66839
issuing authority for the benefit of a community or technical	66840
college district or the community or technical college it	66841
operates. Those rules shall include criteria for the evaluation	66842
and approval or denial of community or technical college district	66843
requests for withholding under this section.	66844

(I) The authority granted by this section is in addition to	66845
and not a limitation on any other authorizations granted by or	66846
pursuant to law for the same or similar purposes.	66847

Sec. 3334.19. (A) The Ohio tuition trust authority shall	66848
adopt an investment plan that sets forth investment policies and	66849
guidelines to be utilized in administering the variable college	66850
savings program and investment options offered by the authority.	66851
The investment options shall include a default option to benefit	66852
contributors who are first-time investors or have low to moderate	66853
incomes. Except as provided in section 3334.20 of the Revised	66854
Code, the authority shall contract with one or more insurance	66855
companies, banks, or other financial institutions to act as its	66856
investment agents and to provide such services as the authority	66857
considers appropriate to the investment plan, including:	66858

(1) Purchase, control, and safekeeping of assets;

66859

(2) Record keeping and accounting for individual accounts and	66860
for the program as a whole;	66861

(3) Provision of consolidated statements of account.

66862

(B) The authority or its investment agents shall maintain a	66863
separate account for the beneficiary of each contract entered into	66864
under the variable college savings program. If a beneficiary has	66865
more than one such account, the authority or its agents shall	66866
track total contributions and earnings and provide a consolidated	66867
system of account distributions to institutions of higher	66868
education.	66869

(C) The authority or its investment agents may place assets	66870
of the program in savings accounts and may purchase fixed or	66871
variable life insurance or annuity contracts, securities, evidence	66872
of indebtedness, or other investment products pursuant to the	66873
investment plan.	66874

(D) Contributors shall not direct the investment of their	66875
contributions under the investment plan. The authority shall	66876
impose other limits on contributors' investment discretion to the	66877
extent required under section 529 of the Internal Revenue Code.	66878

(E) The investment agents with which the authority contracts	66879
shall discharge their duties with respect to program funds with	66880
the care and diligence that a prudent person familiar with such	66881
matters and with the character and aims of the program would use.	66882

(F) The assets of the program shall be preserved, invested,	66883
and expended solely for the purposes of this chapter and shall not	66884
be loaned or otherwise transferred or used by the state for any	66885
other purpose. This section shall not be construed to prohibit the	66886
investment agents of the authority from investing, by purchase or	66887
otherwise, in bonds, notes, or other obligations of the state or	66888
any agency or instrumentality of the state. Unless otherwise	66889
specified by the authority, assets of the program shall be	66890
expended in the following order of priority:	66891

(1) To make payments on behalf of beneficiaries;

66892

(2) To make refunds upon termination of variable college	66893
savings program contracts;	66894

(3) To pay the authority's costs of administering the	66895
program;	66896

(4) To pay or cover any other expenditure or disbursement the	66897
authority determines necessary or appropriate.	66898

(G) Fees, charges, and other costs imposed or collected by	66899
the authority in connection with the variable college savings	66900
program, including any fees or other payments that the authority	66901
requires an investment agent to pay to the authority, shall be	66902
credited to either the variable operating fund or the index	66903
operating fund at the discretion of the authority. These funds are	66904
hereby created in the state treasury. Expenses incurred in the	66905
administration of the variable college savings program, as well as	66906
other expenses, disbursements, or payments the authority considers	66907
appropriate for the benefit of any college savings programs	66908
administered by the authority, the state of Ohio and its citizens,	66909
shall be paid from the variable operating fund or the index	66910
operating fund at the discretion of the authority.	66911

(H) No records of the authority indicating the identity of	66912
purchasers, contributors, and beneficiaries under the program or	66913
amounts contributed to, earned by, or distributed from program	66914
accounts are public records within the meaning of section 149.43	66915
of the Revised Code.	66916

Sec. 3345.023. (A) No state institution of higher education	66917
shall take any action or enforce any policy that would deny a	66918
religious student group any benefit available to any other student	66919
group based on the religious student group's requirement that its	66920
leaders or members adhere to its sincerely held religious beliefs	66921
or standards of conduct.	66922

(B) As used in this section:

66923

(1) "Benefits" include, without limitation:

66924

(a) Recognition;

66925

(b) Registration;

66926

(c) The use of facilities of the state institution of higher	66927
education for meetings or speaking purposes, subject to section	66928
3345.021 of the Revised Code;	66929

(d) The use of channels of communication of the state	66930
institution of higher education;	66931

(e) Funding sources that are otherwise available to any other	66932
student group in the state institution of higher education.	66933

(2) "State institution of higher education" has the same	66934
meaning as in section 3345.011 of the Revised Code.	66935

Sec. 3345.061. (A) Ohio's two-year institutions of higher	66936
education are respected points of entry for students embarking on	66937
post-secondary careers and courses completed at those institutions	66938
are transferable to state universities in accordance with	66939
articulation and transfer agreements developed under sections	66940
3333.16, 3333.161, and 3333.162 of the Revised Code.	66941

(B) Beginning with undergraduate students who commence	66942
undergraduate studies in the 2014-2015 academic year, no state	66943
university listed in section 3345.011 of the Revised Code, except	66944
Central state university, Shawnee state university, and Youngstown	66945
state university, shall receive any state operating subsidies for	66946
any academic remedial or developmental courses for undergraduate	66947
students, including courses prescribed in the Ohio core curriculum	66948
for high school graduation under division (C) of section 3313.603	66949
of the Revised Code, offered at its main campus, except as	66950
provided in divisions (B)(1) to (4) of this section.	66951

(1) In the 2014-2015 and 2015-2016 academic years, a state	66952
university may receive state operating subsidies for academic	66953
remedial or developmental courses for not more than three per cent	66954
of the total undergraduate credit hours provided by the university	66955
at its main campus.	66956

(2) In the 2016-2017 academic year, a state university may	66957
receive state operating subsidies for academic remedial or	66958
developmental courses for not more than fifteen per cent of the	66959
first-year students who have graduated from high school within the	66960
previous twelve months and who are enrolled in the university at	66961
its main campus, as calculated on a full-time-equivalent basis.	66962

(3) In the 2017-2018 academic year, a state university may	66963
receive state operating subsidies for academic remedial or	66964
developmental courses for not more than ten per cent of the	66965
first-year students who have graduated from high school within the	66966
previous twelve months and who are enrolled in the university at	66967
its main campus, as calculated on a full-time-equivalent basis.	66968

(4) In the 2018-2019 academic year, a state university may	66969
receive state operating subsidies for academic remedial or	66970
developmental courses for not more than five per cent of the	66971
first-year students who have graduated from high school within the	66972
previous twelve months and who are enrolled in the university at	66973
its main campus, as calculated on a full-time-equivalent basis.	66974

Each state university may continue to offer academic remedial	66975
and developmental courses at its main campus beyond the extent for	66976
which state operating subsidies may be paid under this division	66977
and may continue to offer such courses beyond the 2018-2019	66978
academic year. However, the university shall not receive any state	66979
operating subsidies for such courses above the maximum amounts	66980
permitted in this division.	66981

(C) Except as otherwise provided in division (B) of this	66982
section, beginning with students who commence undergraduate	66983
studies in the 2014-2015 academic year, state operating subsidies	66984
for academic remedial or developmental courses offered by state	66985
institutions of higher education may be paid only to Central state	66986
university, Shawnee state university, Youngstown state university,	66987
any university branch, any community college, any state community	66988
college, or any technical college.	66989

(D) Each state university shall grant credit for academic	66990
remedial or developmental courses successfully completed at an	66991
institution described in division (C) of this section pursuant to	66992
any applicable articulation and transfer agreements the university	66993
has entered into in accordance with policies and procedures	66994
adopted under section 3333.16, 3333.161, or 3333.162 of the	66995
Revised Code.	66996

(E) The chancellor of the Ohio board of regents shall do all	66997
of the following:	66998

(1) Withhold state operating subsidies for academic remedial	66999
or developmental courses provided by a state university as	67000
required in order to conform to divisions (B) and (C) of this	67001
section;	67002

(2) Adopt uniform statewide standards for academic remedial	67003
and developmental courses offered by all state institutions of	67004
higher education~~, as defined in section 3345.011 of the Revised~~	67005
~~Code~~;	67006

(3) Encourage and assist in the design and establishment of	67007
academic remedial and developmental courses by institutions of	67008
higher education;	67009

(4) Define "academic year" for purposes of this section and	67010
section 3345.06 of the Revised Code;	67011

(5) Encourage and assist in the development of articulation	67012
and transfer agreements between state universities and other	67013
institutions of higher education in accordance with policies and	67014
procedures adopted under sections 3333.16, 3333.161, and 3333.162	67015
of the Revised Code.	67016

(F) Not later than December 31, 2012, the presidents, or	67017
equivalent position, of all state institutions of higher	67018
education, or their designees, jointly shall establish uniform	67019
statewide standards in mathematics, science, reading, and writing	67020
each student enrolled in a state institution of higher education	67021
must meet to be considered in remediation-free status. The	67022
presidents also shall establish assessments, if they deem	67023
necessary, to determine if a student meets the standards adopted	67024
under this division. Each institution is responsible for assessing	67025
the needs of its enrolled students in the manner adopted by the	67026
presidents. The board of trustees or managing authority of each	67027
state institution of higher education shall adopt the	67028
remediation-free status standard, and any related assessments,	67029
into the institution's policies.	67030

The chancellor shall assist in coordinating the work of the	67031
presidents under this division.	67032

(G) Each year, not later than a date established by the	67033
chancellor, each state institution of higher education shall	67034
report to the governor, the general assembly, the chancellor, and	67035
the superintendent of public instruction all of the following for	67036
the prior academic year:	67037

(1) The institution's aggregate costs for providing academic	67038
remedial or developmental courses;	67039

(2) The amount of those costs disaggregated according to the	67040
city, local, or exempted village school districts from which the	67041
students taking those courses received their high school diplomas;	67042

(3) Any other information with respect to academic remedial	67043
and developmental courses that the chancellor considers	67044
appropriate.	67045

(H) Not later than December 31, 2011, and the thirty-first	67046
day of each December thereafter, the chancellor and the	67047
superintendent of public instruction shall issue a report	67048
recommending policies and strategies for reducing the need for	67049
academic remediation and developmental courses at state	67050
institutions of higher education.	67051

(I) As used in this section, "state institution of higher	67052
education" has the same meaning as in section 3345.011 of the	67053
Revised Code.	67054

Sec. 3345.14. (A) As used in this section, "state college or	67055
university" means any state university or college defined in	67056
division (A)(1) of section 3345.12 of the Revised Code, and any	67057
other institution of higher education defined in division (A)(2)	67058
of that section.	67059

(B) All rights to and interests in discoveries, inventions,	67060
or patents which result from research or investigation conducted	67061
in any experiment station, bureau, laboratory, research facility,	67062
or other facility of any state college or university, or by	67063
employees of any state college or university acting within the	67064
scope of their employment or with funding, equipment, or	67065
infrastructure provided by or through any state college or	67066
university, shall be the sole property of that college or	67067
university. No person, firm, association, corporation, or	67068
governmental agency which uses the facilities of such college or	67069
university in connection with such research or investigation and	67070
no faculty member, employee, or student of such college or	67071
university participating in or making such discoveries or	67072
inventions, shall have any rights to or interests in such	67073
discoveries or inventions, including income therefrom, except as	67074
may, by determination of the board of trustees of such college or	67075
university, be assigned, licensed, transferred, or paid to such	67076
persons or entities in accordance with division (C) of this	67077
section or in accordance with rules adopted under division (D) of	67078
this section.	67079

(C) As may be determined from time to time by the board of	67080
trustees of any state college or university, the college or	67081
university may retain, assign, license, transfer, sell, or	67082
otherwise dispose of, in whole or in part and upon such terms as	67083
the board of trustees may direct, any and all rights to, interests	67084
in, or income from any such discoveries, inventions, or patents	67085
which the college or university owns or may acquire. Such	67086
dispositions may be to any individual, firm, association,	67087
corporation, or governmental agency, or to any faculty member,	67088
employee, or student of the college or university as the board of	67089
trustees may direct. Any and all income or proceeds derived or	67090
retained from such dispositions shall be applied to the general or	67091
special use of the college or university as determined by the	67092
board of trustees of such college or university.	67093

(D)(1) Notwithstanding any provision of the Revised Code to	67094
the contrary, including but not limited to sections 102.03,	67095
102.04, 2921.42, and 2921.43 of the Revised Code, the board of	67096
trustees of any state college or university may adopt rules in	67097
accordance with section 111.15 of the Revised Code that set forth	67098
circumstances under which an employee of the college or university	67099
may solicit or accept, and under which a person may give or	67100
promise to give to such an employee, a financial interest in any	67101
firm, corporation, or other association to which the board has	67102
assigned, licensed, transferred, or sold the college or	67103
university's interests in its intellectual property, including	67104
discoveries or inventions made or created by that employee or in	67105
patents issued to that employee.	67106

(2) Rules established under division (D)(1) of this section	67107
shall include the following:	67108

(a) A requirement that each college or university employee	67109
disclose to the college or university board of trustees any	67110
financial interest the employee holds in a firm, corporation, or	67111
other association as described in division (D)(1) of this section;	67112

(b) A requirement that all disclosures made under division	67113
(D)(2)(a) of this section are reviewed by officials designated by	67114
the college or university board of trustees. The officials	67115
designated under this division shall determine the information	67116
that shall be disclosed and safeguards that shall be applied in	67117
order to manage, reduce, or eliminate any actual or potential	67118
conflict of interest.	67119

(c) A requirement that in implementing division (D) of this	67120
section all members of the college or university board of trustees	67121
shall be governed by Chapter 102. and sections 2921.42 and 2921.43	67122
of the Revised Code.	67123

(d) Guidelines to ensure that any financial interest held by	67124
any employee of the college or university does not result in	67125
misuse of the students, employees, or resources of the college or	67126
university for the benefit of the firm, corporation, or other	67127
association in which such interest is held or does not otherwise	67128
interfere with the duties and responsibilities of the employee who	67129
holds such an interest.	67130

(3) Rules established under division (D)(1) of this section	67131
may include other provisions at the discretion of the college or	67132
university board of trustees.	67133

(E) Notwithstanding division (D) of this section, the Ohio	67134
ethics commission retains authority to provide assistance to a	67135
college or university board of trustees in the implementation of	67136
division (D)(2) of this section and to address any matter that is	67137
outside the scope of the exception to division (B) of this section	67138
as set forth in division (D) of this section or as set forth in	67139
rules established under division (D) of this section.	67140

Sec. 3345.54. (A) As used in this section:

67141

(1) "Auxiliary facilities" has the same meaning as in section	67142
3345.12 of the Revised Code.	67143

(2) "Conduit entity" means an organization described in	67144
section 501(c)(3) of the Internal Revenue Code qualified as a	67145
public charity under section 509(a)(2) or 509(a)(3) of the	67146
Internal Revenue Code, whose corporate purpose allows it to	67147
perform the functions and obligations of a conduit entity pursuant	67148
to the terms of a financing agreement.	67149

(3) "Conveyed property" means auxiliary facilities conveyed	67150
by a state institution to a conduit entity pursuant to a financing	67151
agreement.	67152

(4) "Financing agreement" means a contract described in	67153
division (C) of this section.	67154

(5) "Independent funding source" means a private entity that	67155
enters into a financing agreement with a conduit entity and a	67156
state institution.	67157

(6) "State institution" means a state institution of higher	67158
education as defined in section 3345.011 of the Revised Code.	67159

(B) The board of trustees of a state institution, with the	67160
approval of the chancellor of the Ohio board of regents and the	67161
controlling board, may enter into a financing agreement with a	67162
conduit entity and an independent funding source selected either	67163
through a competitive selection process or by direct negotiations,	67164
and may convey to the conduit entity title to any auxiliary	67165
facilities owned by the state institution pursuant to the terms of	67166
a financing agreement.	67167

(C) A financing agreement under this section is a written	67168
contract entered into among a state institution, a conduit entity,	67169
and an independent funding source that provides for:	67170

(1) The conveyance of auxiliary facilities owned by a state	67171
institution to the conduit entity for consideration deemed	67172
adequate by the state institution;	67173

(2) The lease of the conveyed property by the conduit entity	67174
to the independent funding source and leaseback of the conveyed	67175
property to the conduit entity for a term not to exceed	67176
ninety-nine years;	67177

(3) Such other terms and conditions that may be negotiated	67178
and agreed upon by the parties, including, but not limited to,	67179
terms regarding:	67180

(a) Payment to the state institution by the conduit entity of	67181
revenues received by it from the operations of the conveyed	67182
property in excess of the payments it is required to make to the	67183
independent funding source under the lease-leaseback arrangement	67184
described in division (C)(2) of this section;	67185

(b) Pledge, assignment, or creation of a lien in favor of the	67186
independent funding source by the conduit entity of any revenues	67187
derived from the conveyed property;	67188

(c) Reverter or conveyance of title to the conveyed property	67189
to the state institution when the conveyed property is no longer	67190
subject to a lease with the independent funding source.	67191

(4) Terms and conditions required by the chancellor or the	67192
controlling board as a condition of approval of the financing	67193
agreement.	67194

(D) The state institution and the conduit entity may enter	67195
into such other management agreements or other contracts regarding	67196
the conveyed property the parties deem appropriate, including	67197
agreements pursuant to which the state institution may maintain or	67198
administer the conveyed property and collect and disburse revenues	67199
from the conveyed property on behalf of the conduit entity.	67200

(E) The parties may modify or extend the term of the	67201
financing agreement with the approval of the chancellor and the	67202
controlling board.	67203

(F) The conveyed property shall retain its exemption from	67204
property taxes and assessments as though title to the conveyed	67205
property were held by the state institution during any part of a	67206
tax year that title is held by the state institution or the	67207
conduit entity and, if held by the conduit entity, remains subject	67208
to the lease-leaseback arrangement described in division (C)(2) of	67209
this section. However, as a condition of the continued exemption	67210
of the conveyed property during the term of the lease-leaseback	67211
arrangement the conduit entity shall apply for and maintain the	67212
exemption as provided by law.	67213

(G) Nothing in this section is intended to abrogate, amend,	67214
limit, or replace any existing authority state institutions may	67215
have with respect to the conveyance, lease, lease-leaseback,	67216
finance, or acquisition of auxiliary facilities including, but not	67217
limited to, authority granted under sections 3345.07, 3345.11, and	67218
3345.12 of the Revised Code.	67219

Sec. 3345.55. (A) For purposes of this section, "university"	67220
includes a state institution of higher education as defined in	67221
section 3345.011 of the Revised Code and a university housing	67222
commission created under section 3347.01 of the Revised Code.	67223

(B) Each university may enter into a lease agreement with a	67224
nonpublic vendor to provide housing services in campus housing	67225
facilities to students of the university. The lease agreement may	67226
require the vendor to construct new campus housing facilities to	67227
serve students. The vendor with whom the university enters into an	67228
agreement shall be responsible for the operation and maintenance	67229
of the housing facilities. The lease shall be for a term of at	67230
least twenty years but shall not exceed thirty years. The lease	67231
agreement shall specify that the vendor is required to lease	67232
housing units to students of the university. Any university	67233
housing policies shall extend to and be enforced by the vendors	67234
with whom the university contracts.	67235

(C) If the vendors with whom the university has entered into	67236
a lease agreement violate the terms of the lease, the university	67237
may revoke the lease and regain operational control over the	67238
dormitory.	67239

Sec. 3345.81. (A) The chancellor of the Ohio board of regents	67240
shall develop a plan for designating public institutions of higher	67241
education as charter universities. In developing the plan, the	67242
chancellor shall:	67243

(1) Study the administrative and financial relationships	67244
between the state and its public institutions of higher education	67245
to determine the extent to which public colleges and universities	67246
can manage their operations more effectively when accorded	67247
flexibility through selected delegation of authority;	67248

(2) Examine legal and other issues related to the feasibility	67249
and practicability of restructuring the administrative and	67250
financial relationships between the state and its public	67251
institutions of higher education;	67252

(3) Consult with the presidents of the institutions of higher	67253
education of the university system of Ohio.	67254

(B) The office of budget and management, the department of	67255
administrative services, and each state institution of higher	67256
education shall provide the chancellor, upon the chancellor's	67257
request, with research assistance, fiscal and policy analysis, and	67258
other services in conducting the study and developing the plan	67259
under this section. Each state agency shall provide the chancellor	67260
with any other assistance requested by the chancellor in	67261
conducting the study and developing the plan.	67262

67263

(1) The manner in which a state institution of higher	67264
education may become eligible for restructured financial and	67265
operational authority, and performance measures and criteria to	67266
determine eligibility. The performance measures and criteria shall	67267
address the institution's ability to manage successfully its	67268
administrative and financial operations without jeopardizing the	67269
financial integrity and stability of the institution.	67270

(2) Specific areas of financial and operational authority	67271
that are subject to increased flexibility;	67272

(3) The nature and term of the management agreement required	67273
between the state and an institution.	67274

(D) Not later than August 15, 2011, the chancellor shall	67275
submit to the general assembly and the governor a report of	67276
findings and recommendations for use in developing policy,	67277
statutory, and administrative rule changes necessary to implement	67278
the plan. No institution shall be designated a charter university	67279
until the general assembly, after considering the chancellor's	67280
plan, has enacted legislation establishing a procedure for making	67281
the designation. The chancellor shall not adopt, amend, or rescind	67282
any rules with respect to designating institutions as charter	67283
universities until that legislation is enacted. The general	67284
assembly intends that the general assembly, governor, and	67285
chancellor will take actions necessary for implementation of the	67286
plan for charter universities to commence July 1, 2012.	67287

Sec. 3349.29. An agreement made pursuant to sections 3349.27	67288
and 3349.28 of the Revised Code is not effective unless it has	67289
been approved by the legislative authority of the municipal	67290
corporation with which the municipal university is identified,	67291
upon such legislative authority's determination that such	67292
agreement will be beneficial to the municipal corporation, and	67293
also approved by the Ohio board of regents, and, if required by	67294
any applicable appropriation measure, by the state controlling	67295
board, and any payment from state tax moneys provided for in the	67296
agreement will be subject to appropriations made by the general	67297
assembly. If provision is to be made under such agreement for the	67298
transfer of, or grant of the right to use, all or a substantial	67299
part of the assets of the municipal university to the state	67300
university and assumption by the state university of educational	67301
functions of the municipal university, such agreement shall not	67302
become effective, under sections 3349.27 to 3349.30 of the Revised	67303
Code until the electors of the municipal corporation have approved	67304
such transfer or grant.	67305

The legislative authority of the municipal corporation shall,	67306
by ordinance, submit the question to the electors at a general,	67307
primary, or a special election to be held on the date specified in	67308
the ordinance. The ordinance shall be certified to the board of	67309
elections not later than the forty-fifth day preceding the date of	67310
the election. Notice of the election shall be published in one or	67311
~~more newspapers~~newspaper of general circulation in the municipal	67312
corporation once a week for two consecutive weeks or as provided	67313
in section 7.16 of the Revised Code, prior to the election ~~and,~~	67314
if. If the board of elections operates and maintains a web site,	67315
notice of the election also shall be posted on that web site for	67316
thirty days prior to the election. The form of the ballot to be	67317
used at the election shall be substantially as follows, with such	67318
variations as may be appropriate to reflect the general nature of	67319
the transfer or grant of use of assets and the transfer of	67320
educational functions contemplated:	67321

"Shall assets of the municipal university known as	67322
.......................... be transferred to (make available for	67323
use by) a state university known as ...........................	67324
and the state university assume educational functions of the	67325
municipal university and provide higher education in (or in close	67326
proximity to) the city of .......................... to the	67327
residents of the city of ........................ and of the state	67328
of Ohio and such others as shall be admitted?"	67329

The favorable vote of a majority of those voting on the	67330
proposition constitutes such approval as is required by this	67331
section.	67332

Sec. 3353.04. (A) The eTech Ohio commission may perform any	67333
act necessary to carry out the functions of this chapter,	67334
including any of the following:	67335

(1) Make grants to institutions and other organizations as	67336
prescribed by the general assembly for the provision of technical	67337
assistance, professional development, and other support services	67338
to enable school districts, community schools established under	67339
Chapter 3314. of the Revised Code, other educational institutions,	67340
and affiliates to utilize educational technology;	67341

(2) Establish a reporting system for school districts,	67342
community schools, other educational institutions, affiliates, and	67343
educational technology organizations that receive financial	67344
assistance from the commission. The system may require the	67345
reporting of information regarding the manner in which the	67346
assistance was expended, the manner in which the equipment or	67347
services purchased with the assistance is being utilized, the	67348
results or outcome of the utilization, the manner in which the	67349
utilization is compatible with the statewide academic standards	67350
adopted by the state board of education pursuant to section	67351
3301.079 of the Revised Code, and any other information determined	67352
by the commission.	67353

(3) Ensure that, where appropriate, products produced by any	67354
entity to which the commission provides financial assistance for	67355
use in elementary and secondary education are aligned with the	67356
statewide academic standards adopted by the state board pursuant	67357
to section 3301.079 of the Revised Code;	67358

(4) Promote accessibility to educational products aligned	67359
with the statewide academic standards, adopted by the state board	67360
pursuant to section 3301.079 of the Revised Code, for school	67361
districts, community schools, and other entities serving grades	67362
kindergarten through twelve;	67363

(5) Own or operate transmission facilities and	67364
interconnection facilities, or contract for transmission	67365
facilities and interconnection facilities, for an educational	67366
television, radio, or radio reading service network;	67367

(6) Establish standards for interconnection facilities used	67368
by the commission in the transmission of educational television,	67369
radio, or radio reading service programming;	67370

(7) Enter into agreements with noncommercial educational	67371
television or radio broadcasting stations or radio reading	67372
services for the operation of the interconnection;	67373

(8) Enter into agreements with noncommercial educational	67374
television or radio broadcasting stations or radio reading	67375
services for the production and use of educational television,	67376
radio, or radio reading service programs to be transmitted by the	67377
educational telecommunications network;	67378

(9) Execute contracts and other agreements necessary and	67379
desirable to carry out the purposes of this chapter and other	67380
duties prescribed to the commission by law or authorize the	67381
executive director of the commission to execute such contracts and	67382
agreements on the commission's behalf;	67383

(10) Act as consultant with educational television and	67384
educational radio stations and radio reading services toward	67385
coordination within the state of the distribution of federal funds	67386
that may become available for equipment for educational	67387
broadcasting or radio reading services;	67388

(11) Make payments to noncommercial Ohio educational	67389
television or radio broadcasting stations or radio reading	67390
services to sustain the operation of such stations or services;	67391

(12) In consultation with participants in programs	67392
administered by the commission, establish guidelines governing	67393
purchasing and procurement that facilitate the timely and	67394
effective implementation of such programs;	67395

(13) In consultation with participants in programs	67396
administered by the commission, consider the efficiency and cost	67397
savings of statewide procurement prior to allocating and releasing	67398
funds for such programs;	67399

(14) In consultation with participants in programs	67400
administered by the commission, establish a systems support	67401
network to facilitate the timely implementation of the programs	67402
and other projects and activities for which the commission	67403
provides assistance.	67404

(B) Chapters 123., 124., 125., and 153. of the Revised Code	67405
and sections 9.331~~, 9.332, and 9.333~~to 9.335 of the Revised Code	67406
do not apply to contracts, programs, projects, or activities of	67407
the commission.	67408

Sec. 3353.15. There is hereby created in the state treasury	67409
the information technology service fund. The fund shall consist of	67410
money received by the eTech Ohio commission pursuant to agreements	67411
with educational entities for the provision of information	67412
technology services to support initiatives to align education from	67413
preschool through college, and any other money deposited into the	67414
fund by the commission. Money in the fund shall be used to provide	67415
the services specified in the agreements, including implementation	67416
and maintenance of an electronic clearinghouse for student	67417
transcript transfers and development of the education data	67418
repository described in section 3301.94 of the Revised Code.	67419
Investment earnings of the fund shall be credited to the fund.	67420

Sec. 3354.12. (A) Upon the request by resolution approved by	67421
the board of trustees of a community college district, and upon	67422
certification to the board of elections not less than ninety days	67423
prior to the election, the boards of elections of the county or	67424
counties comprising such district shall place upon the ballot in	67425
their respective counties the question of levying a tax on all the	67426
taxable property in the community college district outside the	67427
ten-mill limitation, for a specified period of years or for a	67428
continuing period of time, to provide funds for any one or more of	67429
the following purposes: the acquisition of sites, the erection,	67430
furnishing, and equipment of buildings, the acquisition,	67431
construction, or improvement of any property which the board of	67432
trustees of a community college district is authorized to acquire,	67433
construct, or improve and which has an estimated life of	67434
usefulness of five years or more as certified by the fiscal	67435
officer, and the payment of operating costs. Not more than two	67436
special elections shall be held in any one calendar year. Levies	67437
for a continuing period of time adopted under this section may be	67438
reduced in accordance with section 5705.261 of the Revised Code.	67439

If such proposal is to be or include the renewal of an	67440
existing levy at the expiration thereof, the ballot for such	67441
election shall state whether it is a renewal of a tax; a renewal	67442
of a stated number of mills and an increase of a stated number of	67443
mills, or a renewal of a part of an existing levy with a reduction	67444
of a stated number of mills; the year of the tax duplicate on	67445
which such renewal will first be made; and if earlier, the year of	67446
the tax duplicate on which such additional levy will first be	67447
made, which may include the tax duplicate for the current year	67448
unless the election is to be held after the first Tuesday after	67449
the first Monday in November of the current tax year. The ballot	67450
shall also state the period of years for such levy or that it is	67451
for a continuing period of time. If a levy for a continuing period	67452
of time provides for but is not limited to current expenses, the	67453
resolution of the board of trustees providing for the election on	67454
such levy shall apportion the annual rate of the levy between	67455
current expenses and the other purpose or purposes. Such	67456
apportionment need not be the same for each year of the levy, but	67457
the respective portions of the rate actually levied each year for	67458
current expenses and the other purpose or purposes shall be	67459
limited by such apportionment. The portion of the rate apportioned	67460
to the other purpose or purposes shall be reduced as provided in	67461
division (B) of this section.	67462

If a majority of the electors in such district voting on such	67463
question approve thereof, the county auditor or auditors of the	67464
county or counties comprising such district shall annually, for	67465
the applicable years, place such levy on the tax duplicate in such	67466
district, in an amount determined by the board of trustees, but	67467
not to exceed the amount set forth in the proposition approved by	67468
the electors.	67469

The boards of trustees of a community college district shall	67470
establish a special fund for all revenue derived from any tax	67471
levied pursuant to this section.	67472

The boards of elections of the county or counties comprising	67473
the district shall cause to be published in a newspaper of general	67474
circulation in each such county an advertisement of the proposed	67475
tax levy question once a week for two consecutive weeks, or as	67476
provided in section 7.16 of the Revised Code, prior to the	67477
election at which the question is to appear on the ballot~~, and,~~	67478
if. If a board of elections operates and maintains a web site,	67479
that board also shall post ~~a similar~~the advertisement on its web	67480
site for thirty days prior to that election.	67481

After the approval of such levy by vote, the board of	67482
trustees of a community college district may anticipate a fraction	67483
of the proceeds of such levy and from time to time issue	67484
anticipation notes having such maturity or maturities that the	67485
aggregate principal amount of all such notes maturing in any	67486
calendar year shall not exceed seventy-five per cent of the	67487
anticipated proceeds from such levy for such year, and that no	67488
note shall mature later than the thirty-first day of December of	67489
the tenth calendar year following the calendar year in which such	67490
note is issued. Each issue of notes shall be sold as provided in	67491
Chapter 133. of the Revised Code.	67492

The amount of bonds or anticipatory notes authorized pursuant	67493
to Chapter 3354. of the Revised Code, may include sums to repay	67494
moneys previously borrowed, advanced, or granted and expended for	67495
the purposes of such bond or anticipatory note issues, whether	67496
such moneys were advanced from the available funds of the	67497
community college district or by other persons, and the community	67498
college district may restore and repay to such funds or persons	67499
from the proceeds of such issues the moneys so borrowed, advanced	67500
or granted.	67501

All operating costs of such community college may be paid out	67502
of any gift or grant from the state, pursuant to division (K) of	67503
section 3354.09 of the Revised Code; out of student fees and	67504
tuition collected pursuant to division (G) of section 3354.09 of	67505
the Revised Code; or out of unencumbered funds from any other	67506
source of the community college income not prohibited by law.	67507

(B) Prior to the application of section 319.301 of the	67508
Revised Code, the rate of a levy that is limited to, or to the	67509
extent that it is apportioned to, purposes other than current	67510
expenses shall be reduced in the same proportion in which the	67511
district's total valuation increases during the life of the levy	67512
because of additions to such valuation that have resulted from	67513
improvements added to the tax list and duplicate.	67514

Sec. 3354.16. (A) When the board of trustees of a community	67515
college district has by resolution determined to let by contract	67516
the work of improvements pursuant to the official plan of such	67517
district, contracts in amounts exceeding a dollar amount set by	67518
the board, which dollar amount shall not exceed ~~fifty~~two hundred	67519
thousand dollars, shall be advertised after notices calling for	67520
bids have been published once a week for three consecutive weeks	67521
or as provided in section 7.16 of the Revised Code, in ~~at least~~	67522
~~one~~a newspaper of general circulation within the community	67523
college district wherein the work is to be done. Subject to	67524
section 3354.10 of the Revised Code, the board of trustees of the	67525
district may let such contract to the lowest responsive and	67526
responsible bidder, in accordance with section 9.312 of the	67527
Revised Code, who meets the requirements of section 153.54 of the	67528
Revised Code. Such contract shall be in writing and shall be	67529
accompanied by or shall refer to plans and specifications for the	67530
work to be done. Such contract shall be approved by the board of	67531
trustees and signed by the president of the board and by the	67532
contractor.	67533

(B) On the first day of January of every even-numbered year,	67534
the chancellor of the board of regents shall adjust the ~~fifty~~two	67535
hundred thousand dollar contract limit set forth in division (A)	67536
of this section, as adjusted in any previous year pursuant to this	67537
division. The chancellor shall adjust the limit according to the	67538
average increase or decrease for each of the two years immediately	67539
preceding the adjustment as set forth in the United States	67540
department of commerce, bureau of economic analysis implicit price	67541
deflator for gross domestic product, nonresidential structures, or	67542
an alternative if the federal government ceases to publish this	67543
metric, provided that no increase or decrease for any year shall	67544
exceed three per cent of the contract limit in existence at the	67545
time of the adjustment. Notwithstanding division (A) of this	67546
section, the limit adjusted under this division shall be used	67547
thereafter in lieu of the limit in division (A) of this section.	67548

(C) Before entering into an improvement pursuant to division	67549
(A) of this section, and except for contracts made with a	67550
construction manager at risk, a design-build firm, or a general	67551
contracting firm, as those terms are defined in section 153.50 of	67552
the Revised Code, the board of trustees of a community college	67553
district shall require separate and distinct proposals to be made	67554
for furnishing materials or doing work on the improvement, or	67555
both, in the board's discretion, for each separate and distinct	67556
branch or class of work entering into the improvement. The board	67557
of trustees also may require a single, combined proposal for the	67558
entire project for materials or doing work, or both, in the	67559
board's discretion, that includes each separate and distinct	67560
branch or class of work entering into the improvement. ~~The board~~	67561
~~of trustees need not solicit separate proposals for a branch or~~	67562
~~class of work for an improvement if the estimate cost for that~~	67563
~~branch or class of work is less than five thousand dollars.~~	67564

(D) When more than one branch or class of work is required,	67565
no contract for the entire job, or for a greater portion thereof	67566
than is embraced in one such branch or class of work shall be	67567
awarded, unless the separate bids do not cover all the work and	67568
materials required or the bids for the whole or for two or more	67569
kinds of work or materials are lower than the separate bids in the	67570
aggregate. ~~The board of trustees need not award separate contracts~~	67571
~~for a branch or class of work entering into an improvement if the~~	67572
~~estimated cost for that branch or class of work is less than five~~	67573
~~thousand dollars.~~	67574

Sec. 3355.09. Upon receipt of a request from the university	67575
branch district managing authority, the boards of elections of the	67576
county or counties comprising such district shall place upon the	67577
ballot in the district at the next primary or general election	67578
occurring not less than ninety days after submission of such	67579
request by such managing authority, the question of levying a tax	67580
outside the ten-mill limitation, for a specified period of years,	67581
to provide funds for any of the following purposes:	67582

(A) Purchasing a site or enlargement thereof;

67583

(B) The erection and equipment of buildings;

67584

67585

(D) The acquisition, construction, or improvement of any	67586
property which the university branch district managing authority	67587
is authorized to acquire, construct, or improve and which has been	67588
certified by the fiscal officer to have an estimated useful life	67589
of five or more years.	67590

If a majority of the electors in such district voting on such	67591
question approve, the county auditor of the county or counties	67592
comprising such district shall annually place such levy on the tax	67593
duplicate in such district, in the amount set forth in the	67594
proposition approved by the electors.	67595

The managing authority of the university branch district	67596
shall establish a special fund pursuant to section 3355.07 of the	67597
Revised Code for all revenue derived from any tax levied pursuant	67598
to provisions of this section.	67599

The boards of election of the county or counties comprising	67600
the district shall cause to be published in a newspaper of general	67601
circulation in each such county an advertisement of the proposed	67602
tax levy question once a week for two consecutive weeks, or as	67603
provided in section 7.16 of the Revised Code, prior to the	67604
election at which the question is to appear on the ballot~~, and,~~	67605
if. If a board of elections operates and maintains a web site,	67606
that board also shall post ~~a similar~~the advertisement on its web	67607
site for thirty days prior to the election.	67608

After the approval of such levy by vote, the managing	67609
authority of the university branch district may anticipate a	67610
fraction of the proceeds of such levy and from time to time,	67611
during the life of such levy, issue anticipation notes in an	67612
amount not to exceed seventy-five per cent of the estimated	67613
proceeds of such levy to be collected in each year over a period	67614
of five years after the date of the issuance of such notes, less	67615
an amount equal to the proceeds of such levy previously obligated	67616
for such year by the issuance of anticipation notes, provided,	67617
that the total amount maturing in any one year shall not exceed	67618
seventy-five per cent of the anticipated proceeds of such levy for	67619
that year.	67620

Each issue of notes shall be sold as provided in Chapter 133.	67621
of the Revised Code and shall mature serially in substantially	67622
equal amounts, during each remaining year of the levy, not to	67623
exceed five, after their issuance.	67624

Sec. 3357.16. (A) When the board of trustees of a technical	67625
college district has by resolution determined to let by contract	67626
the work of improvements pursuant to the official plan of such	67627
district, contracts in amounts exceeding a dollar amount set by	67628
the board, which dollar amount shall not exceed ~~fifty~~two hundred	67629
thousand dollars, shall be advertised after notice calling for	67630
bids has been published once a week for three consecutive weeks or	67631
as provided in section 7.16 of the Revised Code, in ~~at least one~~a	67632
newspaper of general circulation within the technical college	67633
district where the work is to be done. The board of trustees of	67634
the technical college district may let such contract to the lowest	67635
responsive and responsible bidder, in accordance with section	67636
9.312 of the Revised Code, who meets the requirements of section	67637
153.54 of the Revised Code. Such contract shall be in writing and	67638
shall be accompanied by or shall refer to plans and specifications	67639
for the work to be done. Such contract shall be approved by the	67640
board of trustees and signed by the president of the board and by	67641
the contractor.	67642

(B) On the first day of January of every even-numbered year,	67643
the chancellor of the board of regents shall adjust the ~~fifty~~two	67644
hundred thousand dollar contract limit set forth in division (A)	67645
of this section, as adjusted in any previous year pursuant to this	67646
division. The chancellor shall adjust the limit according to the	67647
average increase or decrease for each of the two years immediately	67648
preceding the adjustment as set forth in the United States	67649
department of commerce, bureau of economic analysis implicit price	67650
deflator for gross domestic product, nonresidential structures, or	67651
an alternative if the federal government ceases to publish this	67652
metric, provided that no increase or decrease for any year shall	67653
exceed three per cent of the contract limit in existence at the	67654
time of the adjustment. Notwithstanding division (A) of this	67655
section, the limit adjusted under this division shall be used	67656
thereafter in lieu of the limit in division (A) of this section.	67657

(C) Before entering into an improvement pursuant to division	67658
(A) of this section, and except for contracts made with a	67659
construction manager at risk, a design-build firm, or a general	67660
contracting firm, as those terms are defined in section 153.50 of	67661
the Revised Code, the board of trustees of a technical college	67662
district shall require separate and distinct proposals to be made	67663
for furnishing materials or doing work on the improvement, or	67664
both, in the board's discretion, for each separate and distinct	67665
branch or class of work entering into the improvement. The board	67666
of trustees also may require a single, combined proposal for the	67667
entire project for materials or doing work, or both, in the	67668
board's discretion, that includes each separate and distinct	67669
branch or class of work entering into the improvement. ~~The board~~	67670
~~of trustees need not solicit separate proposals for a branch or~~	67671
~~class of work for an improvement if the estimate cost for that~~	67672
~~branch or class of work is less than five thousand dollars.~~	67673

(D) When more than one branch or class of work is required,	67674
no contract for the entire job, or for a greater portion thereof	67675
than is embraced in one such branch or class of work shall be	67676
awarded, unless the separate bids do not cover all the work and	67677
materials required or the bids for the whole or for two or more	67678
kinds of work or materials are lower than the separate bids in the	67679
aggregate. ~~The board of trustees need not award separate contracts~~	67680
~~for a branch or class of work entering into an improvement if the~~	67681
~~estimated cost for that branch or class of work is less than five~~	67682
~~thousand dollars.~~	67683

Sec. 3365.01. As used in this chapter:

67684

(A) "College" means any state-assisted college or university	67685
described in section 3333.041 of the Revised Code, any nonprofit	67686
institution holding a certificate of authorization pursuant to	67687
Chapter 1713. of the Revised Code, any private institution exempt	67688
from regulation under Chapter 3332. of the Revised Code as	67689
prescribed in section 3333.046 of the Revised Code, and any	67690
institution holding a certificate of registration from the state	67691
board of career colleges and schools and program authorization for	67692
an associate or bachelor's degree program issued under section	67693
3332.05 of the Revised Code.	67694

(B) "School district," except as specified in division (G) of	67695
this section, means any school district to which a student is	67696
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	67697
the Revised Code and does not include a joint vocational or	67698
cooperative education school district.	67699

(C) "Parent" has the same meaning as in section 3313.64 of	67700
the Revised Code.	67701

(D) "Participant" means a student enrolled in a college under	67702
the post-secondary enrollment options program established by this	67703
chapter.	67704

(E) "Secondary grade" means the ninth through twelfth grades.

67705

(F) "School foundation payments" means the amount required to	67706
be paid to a school district for a fiscal year under ~~Chapters~~	67707
~~3306. and~~Chapter 3317. of the Revised Code.	67708

(G) "Tuition base" means, with respect to a participant's	67709
school district, the sum of the formula amount plus the per pupil	67710
amount of the base funding supplements specified in divisions	67711
(C)(1) to (4) of section 3317.012 of the Revised Code for fiscal	67712
year 2009.	67713

The participant's "school district" in the case of a	67714
participant enrolled in a community school shall be the school	67715
district in which the student is entitled to attend school under	67716
section 3313.64 or 3313.65 of the Revised Code.	67717

(H) "Educational program" means enrollment in one or more	67718
school districts, in a nonpublic school, or in a college under	67719
division (B) of section 3365.04 of the Revised Code.	67720

(I) "Nonpublic school" means a chartered or nonchartered	67721
school for which minimum standards are prescribed by the state	67722
board of education pursuant to division (D) of section 3301.07 of	67723
the Revised Code.	67724

(J) "School year" means the year beginning on the first day	67725
of July and ending on the thirtieth day of June.	67726

(K) "Community school" means any school established pursuant	67727
to Chapter 3314. of the Revised Code that includes secondary	67728
grades.	67729

(L) "STEM school" means a science, technology, engineering,	67730
and mathematics school established under Chapter 3326. of the	67731
Revised Code.	67732

Sec. 3365.08. (A) A college that expects to receive or	67733
receives reimbursement under section 3365.07 of the Revised Code	67734
or through alternative funding agreements entered into under rules	67735
adopted under section 3365.12 of the Revised Code shall furnish to	67736
a participant all textbooks and materials directly related to a	67737
course taken by the participant under division (B) of section	67738
3365.04 of the Revised Code. No college shall charge such	67739
participant for tuition, textbooks, materials, or other fees	67740
directly related to any such course.	67741

(B) No student enrolled under this chapter in a course for	67742
which credit toward high school graduation is awarded shall	67743
receive direct financial aid through any state or federal program.	67744

(C) If a school district provides transportation for resident	67745
school students in grades eleven and twelve under section 3327.01	67746
of the Revised Code, a parent of a pupil enrolled in a course	67747
under division (A)(2) or (B) of section 3365.04 of the Revised	67748
Code may apply to the board of education for full or partial	67749
reimbursement for the necessary costs of transporting the student	67750
between the secondary school the student attends and the college	67751
in which the student is enrolled. Reimbursement may be paid solely	67752
from funds received by the district for pupil transportation under	67753
section ~~3306.12~~3317.0212 of the Revised Code or other provisions	67754
of law. The state board of education shall establish guidelines,	67755
based on financial need, under which a district may provide such	67756
reimbursement.	67757

(D) If a community school provides or arranges transportation	67758
for its pupils in grades nine through twelve under section	67759
3314.091 of the Revised Code, a parent of a pupil of the community	67760
school who is enrolled in a course under division (A)(2) or (B) of	67761
section 3365.04 of the Revised Code may apply to the governing	67762
authority of the community school for full or partial	67763
reimbursement of the necessary costs of transporting the student	67764
between the community school and the college. The governing	67765
authority may pay the reimbursement in accordance with the state	67766
board's rules adopted under division (C) of this section solely	67767
from funds paid to it under section 3314.091 of the Revised Code.	67768

Sec. 3375.41. When a board of library trustees appointed	67769
pursuant to section 3375.06, 3375.10, 3375.12, 3375.15, 3375.22,	67770
or 3375.30 of the Revised Code determines to construct, demolish,	67771
alter, repair, or reconstruct a library or make any improvements	67772
or repairs, the cost of which will exceed twenty-five thousand	67773
dollars, except in cases of urgent necessity or for the security	67774
and protection of library property, it shall proceed as follows:	67775

(A) The board shall advertise for a period of two weeks for	67776
sealed bids in ~~some~~a newspaper of general circulation in the	67777
district~~, and, if there are two such newspapers, the board shall~~	67778
~~advertise in both of them~~or as provided in section 7.16 of the	67779
Revised Code. If no newspaper has a general circulation in the	67780
district, the board shall post the advertisement in three public	67781
places in the district. The advertisement shall be entered in full	67782
by the fiscal officer on the record of proceedings of the board.	67783

(B) The sealed bids shall be filed with the fiscal officer by	67784
twelve noon of the last day stated in the advertisement.	67785

(C) The sealed bids shall be opened at the next meeting of	67786
the board, shall be publicly read by the fiscal officer, and shall	67787
be entered in full on the records of the board; provided that the	67788
board, by resolution, may provide for the public opening and	67789
reading of the bids by the fiscal officer, immediately after the	67790
time for their filing has expired, at the usual place of meeting	67791
of the board, and for the tabulation of the bids and a report of	67792
the tabulation to the board at its next meeting.	67793

(D) Each sealed bid shall contain the name of every person	67794
interested in it and shall meet the requirements of section 153.54	67795
of the Revised Code.	67796

(E) When both labor and materials are embraced in the work	67797
bid for, the board may require that each be separately stated in	67798
the sealed bid, with their price, or may require that bids be	67799
submitted without the separation.	67800

(F) None but the lowest responsible bid shall be accepted.	67801
The board may reject all the bids or accept any bid for both labor	67802
and material for the improvement or repair which is the lowest in	67803
the aggregate.	67804

(G) The contract shall be between the board and the bidders.	67805
The board shall pay the contract price for the work in cash at the	67806
times and in the amounts as provided by sections 153.12, 153.13,	67807
and 153.14 of the Revised Code.	67808

(H) When two or more bids are equal, in whole or in part, and	67809
are lower than any others, either may be accepted, but in no case	67810
shall the work be divided between these bidders.	67811

(I) When there is reason to believe there is collusion or	67812
combination among the bidders, the bids of those concerned in the	67813
collusion or combination shall be rejected.	67814

Sec. 3381.11. The board of trustees of a regional arts and	67815
cultural district or any officer or employee designated by such	67816
board may make any contract for the purchase of supplies or	67817
material or for labor for any work, under the supervision of the	67818
board, the cost of which shall not exceed ten thousand dollars.	67819
When an expenditure, other than for the acquisition of real	67820
estate, the discharge of noncontractual claims, personal services,	67821
or for the product or services of public utilities, exceeds ten	67822
thousand dollars, such expenditure shall be made only after a	67823
notice calling for bids has been published once a week for two	67824
consecutive weeks in ~~at least~~ one newspaper of general circulation	67825
within the territory of the district or as provided in section	67826
7.16 of the Revised Code. The board may then let said contract to	67827
the lowest and best bidder, who shall give a good and approved	67828
bond with ample security conditioned on the carrying out of the	67829
contract. Such contract shall be in writing and shall be	67830
accompanied by or shall refer to plans and specifications for the	67831
work to be done, approved by the board. The plans and	67832
specifications shall at all times be made and considered part of	67833
the contract. The contract shall be approved by the board and	67834
signed on behalf of the district and by the contractor. No sale of	67835
any real or personal property or a lease thereof having a term	67836
thereof in excess of five years shall be made except with the	67837
highest and best bidder after publication of notice for bids in	67838
the manner above provided.	67839

Competitive bidding under this section is not required when:

67840

(A) The board, by a two-thirds affirmative vote of its	67841
members, determines that a real and present emergency exists and	67842
such determination and the reasons therefor are entered in the	67843
proceedings of the board, when:	67844

(1) The estimated cost is less than fifteen thousand dollars;	67845
or	67846

(2) There is actual physical damage to structures or	67847
equipment.	67848

(B) Such purchase consists of supplies or a replacement or	67849
supplemental part or parts for a product or equipment owned or	67850
leased by the district and the only source of supply for such	67851
supplies, part, or parts is limited to a single supplier;	67852

(C) The lease is a renewal of a lease for electronic data	67853
processing equipment, services, or systems;	67854

(D) Services or supplies are available from a qualified	67855
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	67856
Revised Code;	67857

(E) With respect to any contract, agreement, or lease by a	67858
district with any arts or cultural organization or any	67859
governmental body or agency.	67860

Sec. 3501.03. At least ten days before the time for holding	67861
an election the board of elections shall give public notice by a	67862
proclamation, posted in a conspicuous place in the courthouse and	67863
city hall, or by one insertion in a newspaper ~~published~~of general	67864
circulation in the county~~, but if no newspaper is published in~~	67865
~~such county, then in a newspaper of general circulation therein~~.	67866

The board shall have authority to publicize information	67867
relative to registration or elections.	67868

Sec. 3501.17. (A) The expenses of the board of elections	67869
shall be paid from the county treasury, in pursuance of	67870
appropriations by the board of county commissioners, in the same	67871
manner as other county expenses are paid. If the board of county	67872
commissioners fails to appropriate an amount sufficient to provide	67873
for the necessary and proper expenses of the board of elections	67874
pertaining to the conduct of elections, the board of elections may	67875
apply to the court of common pleas within the county, which shall	67876
fix the amount necessary to be appropriated and the amount shall	67877
be appropriated. Payments shall be made upon vouchers of the board	67878
of elections certified to by its chairperson or acting chairperson	67879
and the director or deputy director, upon warrants of the county	67880
auditor.	67881

The board of elections shall not incur any obligation	67882
involving the expenditure of money unless there are moneys	67883
sufficient in the funds appropriated therefor to meet the	67884
obligation. If the board of elections requests a transfer of funds	67885
from one of its appropriation items to another, the board of	67886
county commissioners shall adopt a resolution providing for the	67887
transfer except as otherwise provided in section 5705.40 of the	67888
Revised Code. The expenses of the board of elections shall be	67889
apportioned among the county and the various subdivisions as	67890
provided in this section, and the amount chargeable to each	67891
subdivision shall be withheld by the county auditor from the	67892
moneys payable thereto at the time of the next tax settlement. At	67893
the time of submitting budget estimates in each year, the board of	67894
elections shall submit to the taxing authority of each	67895
subdivision, upon the request of the subdivision, an estimate of	67896
the amount to be withheld from the subdivision during the next	67897
fiscal year.	67898

A board of township trustees may, by resolution, request that	67899
the county auditor withhold expenses charged to the township from	67900
a specified township fund that is to be credited with revenue at a	67901
tax settlement. The resolution shall specify the tax levy ballot	67902
issue, the date of the election on the levy issue, and the	67903
township fund from which the expenses the board of elections	67904
incurs related to that ballot issue shall be withheld.	67905

(B) Except as otherwise provided in division (F) of this	67906
section, the compensation of the members of the board of elections	67907
and of the director, deputy director, and regular employees in the	67908
board's offices, other than compensation for overtime worked; the	67909
expenditures for the rental, furnishing, and equipping of the	67910
office of the board and for the necessary office supplies for the	67911
use of the board; the expenditures for the acquisition, repair,	67912
care, and custody of the polling places, booths, guardrails, and	67913
other equipment for polling places; the cost of tally sheets,	67914
maps, flags, ballot boxes, and all other permanent records and	67915
equipment; the cost of all elections held in and for the state and	67916
county; and all other expenses of the board which are not	67917
chargeable to a political subdivision in accordance with this	67918
section shall be paid in the same manner as other county expenses	67919
are paid.	67920

(C) The compensation of judges of elections and intermittent	67921
employees in the board's offices; the cost of renting, moving,	67922
heating, and lighting polling places and of placing and removing	67923
ballot boxes and other fixtures and equipment thereof, including	67924
voting machines, marking devices, and automatic tabulating	67925
equipment; the cost of printing and delivering ballots, cards of	67926
instructions, registration lists required under section 3503.23 of	67927
the Revised Code, and other election supplies, including the	67928
supplies required to comply with division (H) of section 3506.01	67929
of the Revised Code; the cost of contractors engaged by the board	67930
to prepare, program, test, and operate voting machines, marking	67931
devices, and automatic tabulating equipment; and all other	67932
expenses of conducting primaries and elections in the odd-numbered	67933
years shall be charged to the subdivisions in and for which such	67934
primaries or elections are held. The charge for each primary or	67935
general election in odd-numbered years for each subdivision shall	67936
be determined in the following manner: first, the total cost of	67937
all chargeable items used in conducting such elections shall be	67938
ascertained; second, the total charge shall be divided by the	67939
number of precincts participating in such election, in order to	67940
fix the cost per precinct; third, the cost per precinct shall be	67941
prorated by the board of elections to the subdivisions conducting	67942
elections for the nomination or election of offices in such	67943
precinct; fourth, the total cost for each subdivision shall be	67944
determined by adding the charges prorated to it in each precinct	67945
within the subdivision.	67946

(D) The entire cost of special elections held on a day other	67947
than the day of a primary or general election, both in	67948
odd-numbered or in even-numbered years, shall be charged to the	67949
subdivision. Where a special election is held on the same day as a	67950
primary or general election in an even-numbered year, the	67951
subdivision submitting the special election shall be charged only	67952
for the cost of ballots and advertising. Where a special election	67953
is held on the same day as a primary or general election in an	67954
odd-numbered year, the subdivision submitting the special election	67955
shall be charged for the cost of ballots and advertising for such	67956
special election, in addition to the charges prorated to such	67957
subdivision for the election or nomination of candidates in each	67958
precinct within the subdivision, as set forth in the preceding	67959
paragraph.	67960

(E) Where a special election is held on the day specified by	67961
division (E) of section 3501.01 of the Revised Code for the	67962
holding of a primary election, for the purpose of submitting to	67963
the voters of the state constitutional amendments proposed by the	67964
general assembly, and a subdivision conducts a special election on	67965
the same day, the entire cost of the special election shall be	67966
divided proportionally between the state and the subdivision based	67967
upon a ratio determined by the number of issues placed on the	67968
ballot by each, except as otherwise provided in division (G) of	67969
this section. Such proportional division of cost shall be made	67970
only to the extent funds are available for such purpose from	67971
amounts appropriated by the general assembly to the secretary of	67972
state. If a primary election is also being conducted in the	67973
subdivision, the costs shall be apportioned as otherwise provided	67974
in this section.	67975

(F) When a precinct is open during a general, primary, or	67976
special election solely for the purpose of submitting to the	67977
voters a statewide ballot issue, the state shall bear the entire	67978
cost of the election in that precinct and shall reimburse the	67979
county for all expenses incurred in opening the precinct.	67980

(G)(1) The state shall bear the entire cost of advertising in	67981
newspapers statewide ballot issues, explanations of those issues,	67982
and arguments for or against those issues, as required by Section	67983
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	67984
and any other section of law. Appropriations made to the	67985
controlling board shall be used to reimburse the secretary of	67986
state for all expenses the secretary of state incurs for such	67987
advertising under division (G) of section 3505.062 of the Revised	67988
Code.	67989

(2) There is hereby created in the state treasury the	67990
statewide ballot advertising fund. The fund shall receive	67991
transfers approved by the controlling board, and shall be used by	67992
the secretary of state to pay the costs of advertising state	67993
ballot issues as required under division (G)(1) of this section.	67994
Any such transfers may be requested from and approved by the	67995
controlling board prior to placing the advertising, in order to	67996
facilitate timely provision of the required advertising.	67997

(H) The cost of renting, heating, and lighting registration	67998
places; the cost of the necessary books, forms, and supplies for	67999
the conduct of registration; and the cost of printing and posting	68000
precinct registration lists shall be charged to the subdivision in	68001
which such registration is held.	68002

(I) At the request of a majority of the members of the board	68003
of elections, the board of county commissioners may, by	68004
resolution, establish an elections revenue fund. Except as	68005
otherwise provided in this division, the purpose of the fund shall	68006
be to accumulate revenue withheld by or paid to the county under	68007
this section for the payment of any expense related to the duties	68008
of the board of elections specified in section 3501.11 of the	68009
Revised Code, upon approval of a majority of the members of the	68010
board of elections. The fund shall not accumulate any revenue	68011
withheld by or paid to the county under this section for the	68012
compensation of the members of the board of elections or of the	68013
director, deputy director, or other regular employees in the	68014
board's offices, other than compensation for overtime worked.	68015

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	68016
Revised Code, the board of county commissioners may, by	68017
resolution, transfer money to the elections revenue fund from any	68018
other fund of the political subdivision from which such payments	68019
lawfully may be made. Following an affirmative vote of a majority	68020
of the members of the board of elections, the board of county	68021
commissioners may, by resolution, rescind an elections revenue	68022
fund established under this division. If an elections revenue fund	68023
is rescinded, money that has accumulated in the fund shall be	68024
transferred to the county general fund.	68025

(J) As used in this section:

68026

(1) "Political subdivision" and "subdivision" mean any board	68027
of county commissioners, board of township trustees, legislative	68028
authority of a municipal corporation, board of education, or any	68029
other board, commission, district, or authority that is empowered	68030
to levy taxes or permitted to receive the proceeds of a tax levy,	68031
regardless of whether the entity receives tax settlement moneys as	68032
described in division (A) of this section;	68033

(2) "Statewide ballot issue" means any ballot issue, whether	68034
proposed by the general assembly or by initiative or referendum,	68035
that is submitted to the voters throughout the state.	68036

Sec. 3505.13. A contract for the printing of ballots	68037
involving a cost in excess of ten thousand dollars shall not be	68038
let until after five days' notice published once in a ~~leading~~	68039
newspaper ~~published~~of general circulation in the county or upon	68040
notice given by mail by the board of elections, addressed to the	68041
responsible printing offices within the state. Except as otherwise	68042
provided in this section, each bid for such printing must be	68043
accompanied by a bond with at least two sureties, or a surety	68044
company, satisfactory to the board, in a sum double the amount of	68045
the bid, conditioned upon the faithful performance of the contract	68046
for such printing as is awarded and for the payment as damages by	68047
such bidder to the board of any excess of cost over the bid which	68048
it may be obliged to pay for such work by reason of the failure of	68049
the bidder to complete the contract. No bid unaccompanied by such	68050
bond shall be considered by the board. The board may, however,	68051
waive the requirement that each bid be accompanied by a bond if	68052
the cost of the contract is ten thousand dollars or less. The	68053
contract shall be let to the lowest responsible bidder in the	68054
state. All ballots shall be printed within the state.	68055

Sec. 3506.05. (A) As used in this section, except when used	68056
as part of the phrase "tabulating equipment" or "automatic	68057
tabulating equipment":	68058

(1) "Equipment" means a voting machine, marking device,	68059
automatic tabulating equipment, or software.	68060

(2) "Vendor" means the person that owns, manufactures,	68061
distributes, or has the legal right to control the use of	68062
equipment, or the person's agent.	68063

(B) No voting machine, marking device, automatic tabulating	68064
equipment, or software for the purpose of casting or tabulating	68065
votes or for communications among systems involved in the	68066
tabulation, storage, or casting of votes shall be purchased,	68067
leased, put in use, or continued to be used, except for	68068
experimental use as provided in division (B) of section 3506.04 of	68069
the Revised Code, unless it, a manual of procedures governing its	68070
use, and training materials, service, and other support	68071
arrangements have been certified by the secretary of state and	68072
unless the board of elections of each county where the equipment	68073
will be used has assured that a demonstration of the use of the	68074
equipment has been made available to all interested electors. The	68075
secretary of state shall appoint a board of voting machine	68076
examiners to examine and approve equipment and its related manuals	68077
and support arrangements. The board shall consist of four members,	68078
who shall be appointed as follows:	68079

(1) Two members appointed by the secretary of state.

68080

(2) One member appointed by either the speaker of the house	68081
of representatives or the minority leader of the house of	68082
representatives, whichever is a member of the opposite political	68083
party from the one to which the secretary of state belongs.	68084

(3) One member appointed by either the president of the	68085
senate or the minority leader of the senate, whichever is a member	68086
of the opposite political party from the one to which the	68087
secretary of state belongs.	68088

In all cases of a tie vote or a disagreement in the board, if	68089
no decision can be arrived at, the board shall submit the matter	68090
in controversy to the secretary of state, who shall summarily	68091
decide the question, and the secretary of state's decision shall	68092
be final. Each member of the board shall be a competent and	68093
experienced election officer or a person who is knowledgeable	68094
about the operation of voting equipment and shall serve during the	68095
secretary of state's term. Any vacancy on the board shall be	68096
filled in the same manner as the original appointment. The	68097
secretary of state shall provide staffing assistance to the board,	68098
at the board's request.	68099

For the member's service, each member of the board shall	68100
receive three hundred dollars per day for each combination of	68101
marking device, tabulating equipment, and voting machine examined	68102
and reported, but in no event shall a member receive more than six	68103
hundred dollars to examine and report on any one marking device,	68104
item of tabulating equipment, or voting machine. Each member of	68105
the board shall be reimbursed for expenses the member incurs	68106
during an examination or during the performance of any related	68107
duties that may be required by the secretary of state.	68108
Reimbursement of these expenses shall be made in accordance with,	68109
and shall not exceed, the rates provided for under section 126.31	68110
of the Revised Code.	68111

Neither the secretary of state nor the board, nor any public	68112
officer who participates in the authorization, examination,	68113
testing, or purchase of equipment, shall have any pecuniary	68114
interest in the equipment or any affiliation with the vendor.	68115

(C)(1) A vendor who desires to have the secretary of state	68116
certify equipment shall first submit the equipment, all current	68117
related procedural manuals, and a current description of all	68118
related support arrangements to the board of voting machine	68119
examiners for examination, testing, and approval. The submission	68120
shall be accompanied by a fee of ~~eighteen~~two thousand four	68121
hundred dollars and a detailed explanation of the construction and	68122
method of operation of the equipment, a full statement of its	68123
advantages, and a list of the patents and copyrights used in	68124
operations essential to the processes of vote recording and	68125
tabulating, vote storage, system security, and other crucial	68126
operations of the equipment as may be determined by the board. An	68127
additional fee, in an amount to be set by rules promulgated by the	68128
board, may be imposed to pay for the costs of alternative testing	68129
or testing by persons other than board members, record-keeping,	68130
and other extraordinary costs incurred in the examination process.	68131
Moneys not used shall be returned to the person or entity	68132
submitting the equipment for examination.	68133

(2) Fees collected by the secretary of state under this	68134
section shall be deposited into the state treasury to the credit	68135
of the board of voting machine examiners fund, which is hereby	68136
created. All moneys credited to this fund shall be used solely for	68137
the purpose of paying for the services and expenses of each member	68138
of the board or for other expenses incurred relating to the	68139
examination, testing, reporting, or certification of voting	68140
machine devices, the performance of any related duties as required	68141
by the secretary of state, or the reimbursement of any person	68142
submitting an examination fee as provided in this chapter.	68143

(D) Within sixty days after the submission of the equipment	68144
and payment of the fee, or as soon thereafter as is reasonably	68145
practicable, but in any event within not more than ninety days	68146
after the submission and payment, the board of voting machine	68147
examiners shall examine the equipment and file with the secretary	68148
of state a written report on the equipment with its	68149
recommendations and its determination or condition of approval	68150
regarding whether the equipment, manual, and other related	68151
materials or arrangements meet the criteria set forth in sections	68152
3506.07 and 3506.10 of the Revised Code and can be safely used by	68153
the voters at elections under the conditions prescribed in Title	68154
XXXV of the Revised Code, or a written statement of reasons for	68155
which testing requires a longer period. The board may grant	68156
temporary approval for the purpose of allowing experimental use of	68157
equipment. If the board finds that the equipment meets the	68158
criteria set forth in sections 3506.06, 3506.07, and 3506.10 of	68159
the Revised Code, can be used safely and can be depended upon to	68160
record and count accurately and continuously the votes of	68161
electors, and has the capacity to be warranted, maintained, and	68162
serviced, it shall approve the equipment and recommend that the	68163
secretary of state certify the equipment. The secretary of state	68164
shall notify all boards of elections of any such certification.	68165
Equipment of the same model and make, if it provides for recording	68166
of voter intent, system security, voter privacy, retention of	68167
vote, and communication of voting records in an identical manner,	68168
may then be adopted for use at elections.	68169

(E) The vendor shall notify the secretary of state, who shall	68170
then notify the board of voting machine examiners, of any	68171
enhancement and any significant adjustment to the hardware or	68172
software that could result in a patent or copyright change or that	68173
significantly alters the methods of recording voter intent, system	68174
security, voter privacy, retention of the vote, communication of	68175
voting records, and connections between the system and other	68176
systems. The vendor shall provide the secretary of state with an	68177
updated operations manual for the equipment, and the secretary of	68178
state shall forward the manual to the board. Upon receiving such a	68179
notification and manual, the board may require the vendor to	68180
submit the equipment to an examination and test in order for the	68181
equipment to remain certified. The board or the secretary of state	68182
shall periodically examine, test, and inspect certified equipment	68183
to determine continued compliance with the requirements of this	68184
chapter and the initial certification. Any examination, test, or	68185
inspection conducted for the purpose of continuing certification	68186
of any equipment in which a significant problem has been uncovered	68187
or in which a record of continuing problems exists shall be	68188
performed pursuant to divisions (C) and (D) of this section, in	68189
the same manner as the examination, test, or inspection is	68190
performed for initial approval and certification.	68191

(F) If, at any time after the certification of equipment, the	68192
board of voting machine examiners or the secretary of state is	68193
notified by a board of elections of any significant problem with	68194
the equipment or determines that the equipment fails to meet the	68195
requirements necessary for approval or continued compliance with	68196
the requirements of this chapter, or if the board of voting	68197
machine examiners determines that there are significant	68198
enhancements or adjustments to the hardware or software, or if	68199
notice of such enhancements or adjustments has not been given as	68200
required by division (E) of this section, the secretary of state	68201
shall notify the users and vendors of that equipment that	68202
certification of the equipment may be withdrawn.	68203

(G)(1) The notice given by the secretary of state under	68204
division (F) of this section shall be in writing and shall specify	68205
both of the following:	68206

(a) The reasons why the certification may be withdrawn;

68207

(b) The date on which certification will be withdrawn unless	68208
the vendor takes satisfactory corrective measures or explains why	68209
there are no problems with the equipment or why the enhancements	68210
or adjustments to the equipment are not significant.	68211

(2) A vendor who receives a notice under division (F) of this	68212
section shall, within thirty days after receiving it, submit to	68213
the board of voting machine examiners in writing a description of	68214
the corrective measures taken and the date on which they were	68215
taken, or the explanation required under division (G)(1)(b) of	68216
this section.	68217

(3) Not later than fifteen days after receiving a written	68218
description or explanation under division (G)(2) of this section	68219
from a vendor, the board shall determine whether the corrective	68220
measures taken or the explanation is satisfactory to allow	68221
continued certification of the equipment, and the secretary of	68222
state shall send the vendor a written notice of the board's	68223
determination, specifying the reasons for it. If the board has	68224
determined that the measures taken or the explanation given is	68225
unsatisfactory, the notice shall include the effective date of	68226
withdrawal of the certification. This date may be different from	68227
the date originally specified in division (G)(1)(b) of this	68228
section.	68229

(4) A vendor who receives a notice under division (G)(3) of	68230
this section indicating a decision to withdraw certification may,	68231
within thirty days after receiving it, request in writing that the	68232
board hold a hearing to reconsider its decision. Any interested	68233
party shall be given the opportunity to submit testimony or	68234
documentation in support of or in opposition to the board's	68235
recommendation to withdraw certification. Failure of the vendor to	68236
take appropriate steps as described in division (G)(1)(b) or to	68237
comply with division (G)(2) of this section results in a waiver of	68238
the vendor's rights under division (G)(4) of this section.	68239

(H)(1) The secretary of state, in consultation with the board	68240
of voting machine examiners, shall establish, by rule, guidelines	68241
for the approval, certification, and continued certification of	68242
the voting machines, marking devices, and tabulating equipment to	68243
be used under Title XXXV of the Revised Code. The guidelines shall	68244
establish procedures requiring vendors or computer software	68245
developers to place in escrow with an independent escrow agent	68246
approved by the secretary of state a copy of all source code and	68247
related documentation, together with periodic updates as they	68248
become known or available. The secretary of state shall require	68249
that the documentation include a system configuration and that the	68250
source code include all relevant program statements in low- or	68251
high-level languages. As used in this division, "source code" does	68252
not include variable codes created for specific elections.	68253

(2) Nothing in any rule adopted under division (H) of this	68254
section shall be construed to limit the ability of the secretary	68255
of state to follow or adopt, or to preclude the secretary of state	68256
from following or adopting, any guidelines proposed by the federal	68257
election commission, any entity authorized by the federal election	68258
commission to propose guidelines, the election assistance	68259
commission, or any entity authorized by the election assistance	68260
commission to propose guidelines.	68261

(3)(a) Before the initial certification of any direct	68262
recording electronic voting machine with a voter verified paper	68263
audit trail, and as a condition for the continued certification	68264
and use of those machines, the secretary of state shall establish,	68265
by rule, standards for the certification of those machines. Those	68266
standards shall include, but are not limited to, all of the	68267
following:	68268

(i) A definition of a voter verified paper audit trail as a	68269
paper record of the voter's choices that is verified by the voter	68270
prior to the casting of the voter's ballot and that is securely	68271
retained by the board of elections;	68272

(ii) Requirements that the voter verified paper audit trail	68273
shall not be retained by any voter and shall not contain	68274
individual voter information;	68275

(iii) A prohibition against the production by any direct	68276
recording electronic voting machine of anything that legally could	68277
be removed by the voter from the polling place, such as a receipt	68278
or voter confirmation;	68279

(iv) A requirement that paper used in producing a voter	68280
verified paper audit trail be sturdy, clean, and resistant to	68281
degradation;	68282

(v) A requirement that the voter verified paper audit trail	68283
shall be capable of being optically scanned for the purpose of	68284
conducting a recount or other audit of the voting machine and	68285
shall be readable in a manner that makes the voter's ballot	68286
choices obvious to the voter without the use of computer or	68287
electronic codes;	68288

(vi) A requirement, for office-type ballots, that the voter	68289
verified paper audit trail include the name of each candidate	68290
selected by the voter;	68291

(vii) A requirement, for questions and issues ballots, that	68292
the voter verified paper audit trail include the title of the	68293
question or issue, the name of the entity that placed the question	68294
or issue on the ballot, and the voter's ballot selection on that	68295
question or issue, but not the entire text of the question or	68296
issue.	68297

(b) The secretary of state, by rule adopted under Chapter	68298
119. of the Revised Code, may waive the requirement under division	68299
(H)(3)(a)(v) of this section, if the secretary of state determines	68300
that the requirement is cost prohibitive.	68301

(4)(a) Except as otherwise provided in division (H)(4)(c) of	68302
this section, any voting machine, marking device, or automatic	68303
tabulating equipment initially certified or acquired on or after	68304
December 1, 2008, shall have the most recent federal certification	68305
number issued by the election assistance commission.	68306

(b) Any voting machine, marking device, or automatic	68307
tabulating equipment certified for use in this state on ~~the~~	68308
~~effective date of this amendment~~September 12, 2008, shall meet,	68309
as a condition of continued certification and use, the voting	68310
system standards adopted by the federal election commission in	68311
2002.	68312

(c) A county that acquires additional voting machines,	68313
marking devices, or automatic tabulating equipment on or after	68314
December 1, 2008, shall not be considered to have acquired those	68315
machines, devices, or equipment on or after December 1, 2008, for	68316
the purpose of division (H)(4)(a) of this section if all of the	68317
following apply:	68318

(i) The voting machines, marking devices, or automatic	68319
tabulating equipment acquired are the same as the machines,	68320
devices, or equipment currently used in that county.	68321

(ii) The acquisition of the voting machines, marking devices,	68322
or automatic tabulating equipment does not replace or change the	68323
primary voting system used in that county.	68324

(iii) The acquisition of the voting machines, marking	68325
devices, or automatic tabulating equipment is for the purpose of	68326
replacing inoperable machines, devices, or equipment or for the	68327
purpose providing additional machines, devices, or equipment	68328
required to meet the allocation requirements established pursuant	68329
to division (I) of section 3501.11 of the Revised Code.	68330

Sec. 3701.021. (A) The public health council shall adopt, in	68331
accordance with Chapter 119. of the Revised Code, such rules as	68332
are necessary to carry out sections 3701.021 to 3701.0210 of the	68333
Revised Code, including, but not limited to, rules to establish	68334
the following:	68335

(1) Medical and financial eligibility requirements for the	68336
program for medically handicapped children;	68337

(2) Eligibility requirements for providers of services for	68338
medically handicapped children;	68339

(3) Procedures to be followed by the department of health in	68340
disqualifying providers for violating requirements adopted under	68341
division (A)(2) of this section;	68342

(4) Procedures to be used by the department regarding	68343
application for diagnostic services under division (B) of section	68344
3701.023 of the Revised Code and payment for those services under	68345
division (E) of that section;	68346

(5) Standards for the provision of service coordination by	68347
the department of health and city and general health districts;	68348

(6) Procedures for the department to use to determine the	68349
amount to be paid annually by each county for services for	68350
medically handicapped children and to allow counties to retain	68351
funds under divisions (A)(2) and (3) of section 3701.024 of the	68352
Revised Code;	68353

(7) Financial eligibility requirements for services for Ohio	68354
residents twenty-one years of age or older who have cystic	68355
fibrosis;	68356

(8) Criteria for payment of approved providers who provide	68357
services for medically handicapped children;	68358

(9) Criteria for the department to use in determining whether	68359
the payment of health insurance premiums of participants in the	68360
program for medically handicapped children is cost-effective;	68361

(10) Procedures for appeal of denials of applications under	68362
divisions (A) and (D) of section 3701.023 of the Revised Code,	68363
disqualification of providers, and amounts paid for services;	68364

(11) Terms of appointment for members of the medically	68365
handicapped children's medical advisory council created in section	68366
3701.025 of the Revised Code;	68367

(12) Eligibility requirements for the hemophilia program,	68368
including income and hardship requirements;	68369

(13) If a manufacturer discount program is established under	68370
division (J)(1) of section 3701.023 of the Revised Code,	68371
procedures for administering the program, including criteria and	68372
other requirements for participation in the program by	68373
manufacturers of drugs and nutritional formulas.	68374

(B) The department of health shall develop a manual of	68375
operational procedures and guidelines for the program for	68376
medically handicapped children to implement sections 3701.021 to	68377
3701.0210 of the Revised Code.	68378

Sec. 3701.023. (A) The department of health shall review	68379
applications for eligibility for the program for medically	68380
handicapped children that are submitted to the department by city	68381
and general health districts and physician providers approved in	68382
accordance with division (C) of this section. The department shall	68383
determine whether the applicants meet the medical and financial	68384
eligibility requirements established by the public health council	68385
pursuant to division (A)(1) of section 3701.021 of the Revised	68386
Code, and by the department in the manual of operational	68387
procedures and guidelines for the program for medically	68388
handicapped children developed pursuant to division (B) of that	68389
section. Referrals of potentially eligible children for the	68390
program may be submitted to the department on behalf of the child	68391
by parents, guardians, public health nurses, or any other	68392
interested person. The department of health may designate other	68393
agencies to refer applicants to the department of health.	68394

(B) In accordance with the procedures established in rules	68395
adopted under division (A)(4) of section 3701.021 of the Revised	68396
Code, the department of health shall authorize a provider or	68397
providers to provide to any Ohio resident under twenty-one years	68398
of age, without charge to the resident or the resident's family	68399
and without restriction as to the economic status of the resident	68400
or the resident's family, diagnostic services necessary to	68401
determine whether the resident has a medically handicapping or	68402
potentially medically handicapping condition.	68403

(C) The department of health shall review the applications of	68404
health professionals, hospitals, medical equipment suppliers, and	68405
other individuals, groups, or agencies that apply to become	68406
providers. The department shall enter into a written agreement	68407
with each applicant who is determined, pursuant to the	68408
requirements set forth in rules adopted under division (A)(2) of	68409
section 3701.021 of the Revised Code, to be eligible to be a	68410
provider in accordance with the provider agreement required by the	68411
medical assistance program established under section 5111.01 of	68412
the Revised Code. No provider shall charge a medically handicapped	68413
child or the child's parent or guardian for services authorized by	68414
the department under division (B) or (D) of this section.	68415

The department, in accordance with rules adopted under	68416
division (A)(3) of section 3701.021 of the Revised Code, may	68417
disqualify any provider from further participation in the program	68418
for violating any requirement set forth in rules adopted under	68419
division (A)(2) of that section. The disqualification shall not	68420
take effect until a written notice, specifying the requirement	68421
violated and describing the nature of the violation, has been	68422
delivered to the provider and the department has afforded the	68423
provider an opportunity to appeal the disqualification under	68424
division (H) of this section.	68425

(D) The department of health shall evaluate applications from	68426
city and general health districts and approved physician providers	68427
for authorization to provide treatment services, service	68428
coordination, and related goods to children determined to be	68429
eligible for the program for medically handicapped children	68430
pursuant to division (A) of this section. The department shall	68431
authorize necessary treatment services, service coordination, and	68432
related goods for each eligible child in accordance with an	68433
individual plan of treatment for the child. As an alternative, the	68434
department may authorize payment of health insurance premiums on	68435
behalf of eligible children when the department determines, in	68436
accordance with criteria set forth in rules adopted under division	68437
(A)(9) of section 3701.021 of the Revised Code, that payment of	68438
the premiums is cost-effective.	68439

(E) The department of health shall pay, from appropriations	68440
to the department, any necessary expenses, including but not	68441
limited to, expenses for diagnosis, treatment, service	68442
coordination, supportive services, transportation, and accessories	68443
and their upkeep, provided to medically handicapped children,	68444
provided that the provision of the goods or services is authorized	68445
by the department under division (B) or (D) of this section. Money	68446
appropriated to the department of health may also be expended for	68447
reasonable administrative costs incurred by the program. The	68448
department of health also may purchase liability insurance	68449
covering the provision of services under the program for medically	68450
handicapped children by physicians and other health care	68451
professionals.	68452

Payments made to providers by the department of health	68453
pursuant to this division for inpatient hospital care, outpatient	68454
care, and all other medical assistance furnished to eligible	68455
recipients shall be made in accordance with rules adopted by the	68456
public health council pursuant to division (A) of section 3701.021	68457
of the Revised Code.	68458

The departments of health and job and family services shall	68459
jointly implement procedures to ensure that duplicate payments are	68460
not made under the program for medically handicapped children and	68461
the medical assistance program established under section 5111.01	68462
of the Revised Code and to identify and recover duplicate	68463
payments.	68464

(F) At the time of applying for participation in the program	68465
for medically handicapped children, a medically handicapped child	68466
or the child's parent or guardian shall disclose the identity of	68467
any third party against whom the child or the child's parent or	68468
guardian has or may have a right of recovery for goods and	68469
services provided under division (B) or (D) of this section. The	68470
department of health shall require a medically handicapped child	68471
who receives services from the program or the child's parent or	68472
guardian to apply for all third-party benefits for which the child	68473
may be eligible and require the child, parent, or guardian to	68474
apply all third-party benefits received to the amount determined	68475
under division (E) of this section as the amount payable for goods	68476
and services authorized under division (B) or (D) of this section.	68477
The department is the payer of last resort and shall pay for	68478
authorized goods or services, up to the amount determined under	68479
division (E) of this section for the authorized goods or services,	68480
only to the extent that payment for the authorized goods or	68481
services is not made through third-party benefits. When a third	68482
party fails to act on an application or claim for benefits by a	68483
medically handicapped child or the child's parent or guardian, the	68484
department shall pay for the goods or services only after ninety	68485
days have elapsed since the date the child, parents, or guardians	68486
made an application or claim for all third-party benefits.	68487
Third-party benefits received shall be applied to the amount	68488
determined under division (E) of this section. Third-party	68489
payments for goods and services not authorized under division (B)	68490
or (D) of this section shall not be applied to payment amounts	68491
determined under division (E) of this section. Payment made by the	68492
department shall be considered payment in full of the amount	68493
determined under division (E) of this section. Medicaid payments	68494
for persons eligible for the medical assistance program	68495
established under section 5111.01 of the Revised Code shall be	68496
considered payment in full of the amount determined under division	68497
(E) of this section.	68498

(G) The department of health shall administer a program to	68499
provide services to Ohio residents who are twenty-one or more	68500
years of age who have cystic fibrosis and who meet the eligibility	68501
requirements established by the rules of the public health council	68502
pursuant to division (A)(7) of section 3701.021 of the Revised	68503
Code, subject to all provisions of this section, but not subject	68504
to section 3701.024 of the Revised Code.	68505

(H) The department of health shall provide for appeals, in	68506
accordance with rules adopted under section 3701.021 of the	68507
Revised Code, of denials of applications for the program for	68508
medically handicapped children under division (A) or (D) of this	68509
section, disqualification of providers, or amounts paid under	68510
division (E) of this section. Appeals under this division are not	68511
subject to Chapter 119. of the Revised Code.	68512

The department may designate ombudspersons to assist	68513
medically handicapped children or their parents or guardians, upon	68514
the request of the children, parents, or guardians, in filing	68515
appeals under this division and to serve as children's, parents',	68516
or guardians' advocates in matters pertaining to the	68517
administration of the program for medically handicapped children	68518
and eligibility for program services. The ombudspersons shall	68519
receive no compensation but shall be reimbursed by the department,	68520
in accordance with rules of the office of budget and management,	68521
for their actual and necessary travel expenses incurred in the	68522
performance of their duties.	68523

(I) The department of health, and city and general health	68524
districts providing service coordination pursuant to division	68525
(A)(2) of section 3701.024 of the Revised Code, shall provide	68526
service coordination in accordance with the standards set forth in	68527
the rules adopted under section 3701.021 of the Revised Code,	68528
without charge, and without restriction as to economic status.	68529

(J)(1) The department of health may establish a manufacturer	68530
discount program under which a manufacturer of a drug or	68531
nutritional formula is permitted to enter into an agreement with	68532
the department to provide a discount on the price of the drug or	68533
nutritional formula distributed to medically handicapped children	68534
participating in the program for medically handicapped children.	68535
The program shall be administered in accordance with rules adopted	68536
under section 3701.021 of the Revised Code.	68537

(2) If a manufacturer enters into an agreement with the	68538
department as described in division (J)(1) of this section, the	68539
manufacturer and the department may negotiate the amount and terms	68540
of the discount.	68541

(3) In lieu of establishing a discount program as described	68542
in division (J)(1) of this section, the department and a	68543
manufacturer of a drug or nutritional formula may discuss a	68544
donation of drugs, nutritional formulas, or money by the	68545
manufacturer to the department.	68546

Sec. 3701.0211. For each year that federal funds are made	68547
available to states under Title V of the "Social Security Act,"	68548
124 Stat. 352 (2010), 42 U.S.C. 710, as amended, for use in	68549
providing abstinence education, the director of health shall	68550
submit to the United States secretary of health and human services	68551
an application for the allotment of those funds that is available	68552
to this state. The director shall use the funds received in	68553
accordance with any conditions under which the application was	68554
approved.	68555

Sec. 3701.032. The director of health may adopt rules	68556
defining what constitutes a "health home" for the purpose of any	68557
entity that is authorized to provide care coordination services.	68558
The rules shall be adopted in accordance with Chapter 119. of the	68559
Revised Code.	68560

Sec. 3701.07. (A) The public health council shall adopt	68561
rules in accordance with Chapter 119. of the Revised Code defining	68562
and classifying hospitals and dispensaries and providing for the	68563
reporting of information by hospitals and dispensaries. Except as	68564
otherwise provided in the Revised Code, the rules providing for	68565
the reporting of information shall not require inclusion of any	68566
confidential patient data or any information concerning the	68567
financial condition, income, expenses, or net worth of the	68568
facilities other than that financial information already contained	68569
in those portions of the medicare or medicaid cost report that is	68570
necessary for the department of health to certify the per diem	68571
cost under section 3701.62 of the Revised Code. The rules may	68572
require the reporting of information in the following categories:	68573

(1) Information needed to identify and classify the	68574
institution;	68575

(2) Information on facilities and type and volume of services	68576
provided by the institution;	68577

(3) The number of beds listed by category of care provided;

68578

(4) The number of licensed or certified professional	68579
employees by classification;	68580

(5) The number of births that occurred at the institution the	68581
previous calendar year;	68582

(6) Any other information that the council considers relevant	68583
to the safety of patients served by the institution.	68584

Every hospital and dispensary, public or private, annually	68585
shall register with and report to the department of health.	68586
Reports shall be submitted in the manner prescribed in rules	68587
adopted under this division.	68588

(B) Every governmental entity or private nonprofit	68589
corporation or association whose employees or representatives are	68590
defined as residents' rights advocates under divisions (E)(1) and	68591
(2) of section 3721.10 ~~or division (A)(10) of section 3722.01~~ of	68592
the Revised Code shall register with the department of health on	68593
forms furnished by the director of health and shall provide such	68594
reasonable identifying information as the director may prescribe.	68595

The department shall compile a list of the governmental	68596
entities, corporations, or associations registering under this	68597
division and shall update the list annually. Copies of the list	68598
shall be made available to nursing home administrators as defined	68599
in division (C) of section 3721.10 of the Revised Code and to	68600
adult care facility managers as defined in section ~~3722.01~~5119.70	68601
of the Revised Code.	68602

Sec. 3701.61. (A) The department of health shall establish	68603
the help me grow program ~~for the purpose of encouraging~~to	68604
encourage early prenatal and well-baby care, provide parenting	68605
education to promote the comprehensive health and development of	68606
children, and provide early intervention services in accordance	68607
with part C of the "Individuals with Disabilities Education Act,"	68608
118 Stat. 2744 (2004), 20 U.S.C. 1431 et seq. The program shall	68609
include ~~distributing subsidies to counties to provide~~ the	68610
following services:	68611

(1) ~~Home-visiting~~Home visiting services to ~~newborn infants~~	68612
~~and their~~ families with a pregnant woman or an infant or toddler	68613
under three years of age who meet the eligibility requirements	68614
established in rules adopted under this section;	68615

(2) ~~Services~~Part C early intervention services to infants	68616
and toddlers under three years of age who ~~are at risk for, or who~~	68617
~~have, a developmental delay or disability and their families~~meet	68618
the eligibility requirements established in rules adopted under	68619
this section.	68620

(B) The ~~department shall not provide home-visiting services~~	68621
~~under the help me grow program unless requested in writing by a~~	68622
~~parent of the infant or toddler~~director of health may enter into	68623
an interagency agreement with one or more state agencies to	68624
implement the help me grow program and ensure coordination of	68625
early childhood programs.	68626

(C) The director may distribute help me grow program funds	68627
through contracts, grants, or subsidies to entities providing	68628
services under the program.	68629

(D) To the extent funds are available, the department shall	68630
establish a system of payment to providers of home visiting and	68631
part C early intervention services.	68632

~~(C)~~(E) As a condition of receiving payments for home visiting	68633
services, providers shall report to the director data on the	68634
program performance indicators that are used to assess progress	68635
toward achieving the goals of the program. The report shall	68636
include data on the performance indicator of birth outcomes,	68637
including risk indicators of low birth weight and preterm births,	68638
and data on all other performance indicators specified in rules	68639
adopted under this section. The providers shall report the data in	68640
the format and within the time frames specified in the rules.	68641

The director shall prepare an annual report on the data	68642
received from the providers.	68643

(F) Pursuant to Chapter 119. of the Revised Code, the	68644
~~department~~director shall adopt rules that are necessary and	68645
proper to implement this section. The rules shall specify all of	68646
the following:	68647

(1) Eligibility requirements for home visiting services and	68648
part C early intervention services;	68649

(2) Eligibility requirements for providers of home visiting	68650
services and providers of part C early intervention services;	68651

(3) Standards and procedures for the provision of program	68652
services, including data collection, program monitoring, and	68653
program evaluation;	68654

(4) Procedures for appealing the denial of an application for	68655
program services or the termination of services;	68656

(5) Procedures for appealing the denial of an application to	68657
become a provider of program services or the termination of the	68658
department's approval of a provider;	68659

(6) Procedures for addressing complaints;

68660

(7) The program performance indicators on which data must be	68661
reported by providers of home visiting services under division (E)	68662
of this section, which, to the extent possible, shall be	68663
consistent with federal reporting requirements for federally	68664
funded home visiting services;	68665

(8) The format in which reports must be submitted under	68666
division (E) of this section and the time frames within which the	68667
reports must be submitted;	68668

(9) Criteria for payment of approved providers of program	68669
services;	68670

(10) Any other rules necessary to implement the program.

68671

(G) A family enrolled in the help me grow at-risk program on	68672
the effective date of this amendment shall be eligible for at-risk	68673
services until December 31, 2013, or until the eligible child	68674
reaches three years of age, whichever occurs first.	68675

Sec. 3701.74. (A) As used in this section and section	68676
3701.741 of the Revised Code:	68677

(1) "Ambulatory care facility" means a facility that provides	68678
medical, diagnostic, or surgical treatment to patients who do not	68679
require hospitalization, including a dialysis center, ambulatory	68680
surgical facility, cardiac catheterization facility, diagnostic	68681
imaging center, extracorporeal shock wave lithotripsy center, home	68682
health agency, inpatient hospice, birthing center, radiation	68683
therapy center, emergency facility, and an urgent care center.	68684
"Ambulatory care facility" does not include the private office of	68685
a physician or dentist, whether the office is for an individual or	68686
group practice.	68687

(2) "Chiropractor" means an individual licensed under Chapter	68688
4734. of the Revised Code to practice chiropractic.	68689

(3) "Emergency facility" means a hospital emergency	68690
department or any other facility that provides emergency medical	68691
services.	68692

(4) "Health care practitioner" means all of the following:

68693

(a) A dentist or dental hygienist licensed under Chapter	68694
4715. of the Revised Code;	68695

(b) A registered or licensed practical nurse licensed under	68696
Chapter 4723. of the Revised Code;	68697

(c) An optometrist licensed under Chapter 4725. of the	68698
Revised Code;	68699

(d) A dispensing optician, spectacle dispensing optician,	68700
contact lens dispensing optician, or spectacle-contact lens	68701
dispensing optician licensed under Chapter 4725. of the Revised	68702
Code;	68703

(e) A pharmacist licensed under Chapter 4729. of the Revised	68704
Code;	68705

(f) A physician;

68706

(g) A physician assistant authorized under Chapter 4730. of	68707
the Revised Code to practice as a physician assistant;	68708

(h) A practitioner of a limited branch of medicine issued a	68709
certificate under Chapter 4731. of the Revised Code;	68710

(i) A psychologist licensed under Chapter 4732. of the	68711
Revised Code;	68712

(j) A chiropractor;

68713

(k) A hearing aid dealer or fitter licensed under Chapter	68714
4747. of the Revised Code;	68715

(l) A speech-language pathologist or audiologist licensed	68716
under Chapter 4753. of the Revised Code;	68717

(m) An occupational therapist or occupational therapy	68718
assistant licensed under Chapter 4755. of the Revised Code;	68719

(n) A physical therapist or physical therapy assistant	68720
licensed under Chapter 4755. of the Revised Code;	68721

(o) A professional clinical counselor, professional	68722
counselor, social worker, or independent social worker licensed,	68723
or a social work assistant registered, under Chapter 4757. of the	68724
Revised Code;	68725

(p) A dietitian licensed under Chapter 4759. of the Revised	68726
Code;	68727

(q) A respiratory care professional licensed under Chapter	68728
4761. of the Revised Code;	68729

(r) An emergency medical technician-basic, emergency medical	68730
technician-intermediate, or emergency medical technician-paramedic	68731
certified under Chapter 4765. of the Revised Code.	68732

(5) "Health care provider" means a hospital, ambulatory care	68733
facility, long-term care facility, pharmacy, emergency facility,	68734
or health care practitioner.	68735

(6) "Hospital" has the same meaning as in section 3727.01 of	68736
the Revised Code.	68737

(7) "Long-term care facility" means a nursing home,	68738
residential care facility, or home for the aging, as those terms	68739
are defined in section 3721.01 of the Revised Code; an adult care	68740
facility, as defined in section ~~3722.01~~5119.70 of the Revised	68741
Code; a nursing facility or intermediate care facility for the	68742
mentally retarded, as those terms are defined in section 5111.20	68743
of the Revised Code; a facility or portion of a facility certified	68744
as a skilled nursing facility under Title XVIII of the "Social	68745
Security Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	68746

(8) "Medical record" means data in any form that pertains to	68747
a patient's medical history, diagnosis, prognosis, or medical	68748
condition and that is generated and maintained by a health care	68749
provider in the process of the patient's health care treatment.	68750

(9) "Medical records company" means a person who stores,	68751
locates, or copies medical records for a health care provider, or	68752
is compensated for doing so by a health care provider, and charges	68753
a fee for providing medical records to a patient or patient's	68754
representative.	68755

(10) "Patient" means either of the following:

68756

(a) An individual who received health care treatment from a	68757
health care provider;	68758

(b) A guardian, as defined in section 1337.11 of the Revised	68759
Code, of an individual described in division (A)(10)(a) of this	68760
section.	68761

(11) "Patient's personal representative" means a minor	68762
patient's parent or other person acting in loco parentis, a	68763
court-appointed guardian, or a person with durable power of	68764
attorney for health care for a patient, the executor or	68765
administrator of the patient's estate, or the person responsible	68766
for the patient's estate if it is not to be probated. "Patient's	68767
personal representative" does not include an insurer authorized	68768
under Title XXXIX of the Revised Code to do the business of	68769
sickness and accident insurance in this state, a health insuring	68770
corporation holding a certificate of authority under Chapter 1751.	68771
of the Revised Code, or any other person not named in this	68772
division.	68773

(12) "Pharmacy" has the same meaning as in section 4729.01 of	68774
the Revised Code.	68775

(13) "Physician" means a person authorized under Chapter	68776
4731. of the Revised Code to practice medicine and surgery,	68777
osteopathic medicine and surgery, or podiatric medicine and	68778
surgery.	68779

(14) "Authorized person" means a person to whom a patient has	68780
given written authorization to act on the patient's behalf	68781
regarding the patient's medical record.	68782

(B) A patient, a patient's personal representative or an	68783
authorized person who wishes to examine or obtain a copy of part	68784
or all of a medical record shall submit to the health care	68785
provider a written request signed by the patient, personal	68786
representative, or authorized person dated not more than one year	68787
before the date on which it is submitted. The request shall	68788
indicate whether the copy is to be sent to the requestor,	68789
physician or chiropractor, or held for the requestor at the office	68790
of the health care provider. Within a reasonable time after	68791
receiving a request that meets the requirements of this division	68792
and includes sufficient information to identify the record	68793
requested, a health care provider that has the patient's medical	68794
records shall permit the patient to examine the record during	68795
regular business hours without charge or, on request, shall	68796
provide a copy of the record in accordance with section 3701.741	68797
of the Revised Code, except that if a physician or chiropractor	68798
who has treated the patient determines for clearly stated	68799
treatment reasons that disclosure of the requested record is	68800
likely to have an adverse effect on the patient, the health care	68801
provider shall provide the record to a physician or chiropractor	68802
designated by the patient. The health care provider shall take	68803
reasonable steps to establish the identity of the person making	68804
the request to examine or obtain a copy of the patient's record.	68805

(C) If a health care provider fails to furnish a medical	68806
record as required by division (B) of this section, the patient,	68807
personal representative, or authorized person who requested the	68808
record may bring a civil action to enforce the patient's right of	68809
access to the record.	68810

(D)(1) This section does not apply to medical records whose	68811
release is covered by section 173.20 or 3721.13 of the Revised	68812
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	68813
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	68814
Records," or by 42 C.F.R. 483.10.	68815

(2) Nothing in this section is intended to supersede the	68816
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	68817
and 2305.252 of the Revised Code.	68818

Sec. 3701.83. (A) There is hereby created in the state	68819
treasury the general operations fund. Moneys in the fund shall be	68820
used for the purposes specified in sections 3701.04, 3701.344,	68821
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, ~~3722.04,~~	68822
3721.022, 3729.07, ~~3733.04, 3733.25,~~ 3733.43, 3748.04, 3748.05,	68823
3748.07, 3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and	68824
4769.09 of the Revised Code.	68825

(B) The alcohol testing program fund is hereby created in the	68826
state treasury. The director of health shall use the fund to	68827
administer and enforce the alcohol testing and permit program	68828
authorized by section 3701.143 of the Revised Code.	68829

The fund shall receive transfers from the liquor control fund	68830
created under section 4301.12 of the Revised Code. All investment	68831
earnings of the alcohol testing program fund shall be credited to	68832
the fund.	68833

Sec. 3702.52. The director of health shall administer a	68834
state certificate of need program in accordance with sections	68835
3702.51 to 3702.62 of the Revised Code and rules adopted under	68836
those sections.	68837

(A) The director shall issue rulings on whether a particular	68838
proposed project is a reviewable activity. The director shall	68839
issue a ruling not later than forty-five days after receiving a	68840
request for a ruling accompanied by the information needed to make	68841
the ruling. If the director does not issue a ruling in that time,	68842
the project shall be considered to have been ruled not a	68843
reviewable activity.	68844

(B) ~~The director shall review applications for certificates~~	68845
~~of need.~~ Each application for a certificate of need shall be	68846
submitted to the director on forms prescribed by the director,	68847
~~shall include all information required by rules adopted under~~	68848
~~division (B) of section 3702.57 of the Revised Code, and~~. Each	68849
application shall include a plan for obligating the capital	68850
expenditures or implementing the proposed project on a timely	68851
basis in accordance with section 3702.525 of the Revised Code.	68852
Each application shall also include all other information required	68853
by rules adopted under division (B) of section 3702.57 of the	68854
Revised Code.	68855

Each application shall be accompanied by the application fee	68856
established in rules adopted under division (G) of ~~that~~ section.	68857

~~Application~~3702.57 of the Revised Code. Application fees	68858
received by the director under this division shall be deposited	68859
into the state treasury to the credit of the certificate of need	68860
fund, which is hereby created. The director shall use the fund	68861
only to pay the costs of administering sections 3702.11 to	68862
3702.20, 3702.30, and 3702.51 to 3702.62 of the Revised Code and	68863
rules adopted under those sections.	68864

The director shall review applications for certificates of	68865
need. As part of a review, the director shall determine whether an	68866
application is complete. The director shall not consider an	68867
application to be complete unless the application meets all	68868
criteria for a complete application specified in rules adopted	68869
under section 3702.57 of the Revised Code. The director shall mail	68870
to the applicant a written notice that the application ~~meets the~~	68871
~~criteria for a complete application specified in rules adopted~~	68872
~~under section 3702.57 of the Revised Code~~is complete, or a	68873
written request for additional information, not later than thirty	68874
days after receiving an application or a response to an earlier	68875
request for information. ~~The~~Except as provided in section	68876
3702.523 of the Revised Code, the director shall not make more	68877
than two requests for additional information.	68878

The director may conduct a public informational hearing in	68879
the course of reviewing any application for a certificate of need,	68880
and shall conduct one if requested to do so by any affected person	68881
not later than fifteen days after the director mails the notice	68882
that the application is complete. The hearing shall be conducted	68883
in the community in which the activities authorized by the	68884
certificate of need would be carried out. Any affected person may	68885
testify at the hearing. The director may, with the health service	68886
agency's consent, designate a health service agency to conduct the	68887
hearing.	68888

Except during a public hearing or as necessary to comply with	68889
a subpoena issued under division (E) of this section, after a	68890
notice of completeness has been received, no person shall make	68891
revisions to information that was submitted to the director before	68892
the director mailed the notice of completeness or knowingly	68893
discuss in person or by telephone the merits of the application	68894
with the director. A person may supplement an application after a	68895
notice of completeness has been received by submitting clarifying	68896
information to the director. If one or more persons request a	68897
meeting in person or by telephone, the director shall make a	68898
reasonable effort to invite interested parties to the meeting or	68899
conference call.	68900

(C) All of the following apply to the process of granting or	68901
denying a certificate of need:	68902

(1) If the project proposed in a certificate of need	68903
application meets all of the applicable certificate of need	68904
criteria for approval under sections 3702.51 to 3702.62 of the	68905
Revised Code and the rules adopted under those sections, the	68906
director shall grant a certificate of need for all or part of the	68907
project that is the subject of the application by the applicable	68908
deadline specified in division (C)(4) of this section or any	68909
extension of it under division (C)(5) of this section.	68910

(2) The director's grant of a certificate of need does not	68911
affect, and sets no precedent for, the director's decision to	68912
grant or deny other applications for similar reviewable activities	68913
proposed to be conducted in the same or different health service	68914
areas.	68915

(3) If the director receives written objections to an	68916
application from any affected person by the thirtieth day after	68917
mailing the notice of completeness, the director shall notify the	68918
applicant and assign a hearing examiner to conduct an adjudication	68919
hearing concerning the application in accordance with Chapter 119.	68920
of the Revised Code. In the case of applications under comparative	68921
review, if the director receives written objections to any of the	68922
applications from any affected person by the thirtieth day after	68923
the director mails the last notice of completeness, the director	68924
shall notify all of the applicants and appoint a hearing examiner	68925
to conduct a consolidated adjudication hearing concerning the	68926
applications in accordance with Chapter 119. of the Revised Code.	68927
The hearing examiner shall be employed by or under contract with	68928
the department of health.	68929

The adjudication hearings may be conducted in the health	68930
service area in which the reviewable activity is proposed to be	68931
conducted. Consolidated adjudication hearings for applications in	68932
comparative review may be conducted in the geographic region in	68933
which all of the reviewable activities will be conducted. The	68934
applicant, the director, and the affected persons that filed	68935
objections to the application shall be parties to the hearing. If	68936
none of the affected persons that submitted written objections to	68937
the application appears or prosecutes the hearing, the hearing	68938
examiner shall dismiss the hearing and the director shall grant a	68939
certificate of need for all or part of the project that is the	68940
subject of the application if the proposed project meets all of	68941
the applicable certificate of need criteria for approval under	68942
sections 3702.51 to 3702.62 of the Revised Code and the rules	68943
adopted under those sections. The affected persons bear the burden	68944
of proving by a preponderance of evidence that the project is not	68945
needed or that granting the certificate would not be in accordance	68946
with sections 3702.51 to 3702.62 of the Revised Code or the rules	68947
adopted under those sections.	68948

(4) Except as provided in division (C)(5) of this section,	68949
the director shall grant or deny certificate of need applications	68950
for which an adjudication hearing is not conducted under division	68951
(C)(3) of this section not later than sixty days after mailing the	68952
notice of completeness or, in the case of an application proposing	68953
addition of long-term care beds, not later than sixty days after	68954
such other time as is specified in rules adopted under section	68955
3702.57 of the Revised Code. Except as provided in division (C)(5)	68956
of this section, the director shall grant or deny certificate of	68957
need applications for which an adjudication hearing is conducted	68958
under division (C)(3) of this section not later than thirty days	68959
after the expiration of the time for filing objections to the	68960
report and recommendation of the hearing examiner under section	68961
119.09 of the Revised Code. The director shall base decisions	68962
concerning applications for which an adjudication hearing is	68963
conducted under division (C)(3) of this section on the report and	68964
recommendations of the hearing examiner.	68965

(5) Except as otherwise provided in division (C) (6) of this	68966
section, the director or the applicant may extend the deadline	68967
prescribed in division (C)(4) of this section once, for no longer	68968
than thirty days, by written notice before the end of the deadline	68969
prescribed by division (C)(4) of this section. An extension by the	68970
director under division (C)(5) of this section shall apply to all	68971
applications that are in comparative review.	68972

(6) No applicant in a comparative review may extend the	68973
deadline specified in division (C)(4) of this section.	68974

(7) If the director does not grant or deny the certificate by	68975
the applicable deadline specified in division (C)(4) of this	68976
section or any extension of it under division (C)(5) of this	68977
section, the certificate shall be considered to have been granted.	68978

(8) In granting a certificate of need, the director shall	68979
specify as the maximum capital expenditure the certificate holder	68980
may obligate under the certificate a figure equal to one hundred	68981
ten per cent of the approved project cost.	68982

(9) In granting a certificate of need, the director may grant	68983
the certificate with conditions that must be met by the holder of	68984
the certificate.	68985

(D) The director shall monitor the activities of persons	68986
granted certificates of need during the period beginning with the	68987
granting of the certificate of need and ending five years after	68988
implementation of the activity for which the certificate was	68989
granted.	68990

(E) When reviewing applications for certificates of need or	68991
monitoring activities of persons granted certificates of need, the	68992
director may issue and enforce, in the manner provided in section	68993
119.09 of the Revised Code, subpoenas duces tecum to compel the	68994
production of documents relevant to review of the application or	68995
monitoring of the activities. In addition, the director or the	68996
director's designee, which may include a health service agency,	68997
may visit the sites where the activities are or will be conducted.	68998

(F) The director may withdraw certificates of need.

68999

(G) The director shall conduct, on a regular basis, health	69000
system data collection and analysis activities and prepare	69001
reports. The director shall make recommendations based upon these	69002
activities to the public health council concerning the adoption of	69003
appropriate rules under section 3702.57 of the Revised Code. All	69004
health care facilities and other health care providers shall	69005
submit to the director, upon request, any information that is	69006
necessary to conduct reviews of certificate of need applications	69007
and to develop recommendations for criteria for reviews, and that	69008
is prescribed by rules adopted under division (H) of section	69009
3702.57 of the Revised Code.	69010

(H) Any decision to grant or deny a certificate of need shall	69011
consider the special needs and circumstances resulting from moral	69012
and ethical values and the free exercise of religious rights of	69013
health care facilities administered by religious organizations,	69014
and the special needs and circumstances of inner city and rural	69015
communities.	69016

Sec. 3702.523. A person who has an application for a	69017
certificate of need pending with the director of health may revise	69018
the application to change the site of the proposed project unless	69019
either of the following applies:	69020

(A) The director, under section 3702.52 of the Revised Code,	69021
has mailed the applicant a written notice that the application is	69022
complete.	69023

(B) The application is subject to a comparative review under	69024
section 3702.593 of the Revised Code.	69025

The only revision that may be made in the revised application	69026
is the site of the proposed project. The revised site of the	69027
proposed project must be located in the same county as the site of	69028
the proposed project specified in the original application. The	69029
director may not accept a revised application if it includes	69030
revisions other than the site of the proposed project or if the	69031
revised site is located in a different county than the county in	69032
which the site specified in the original application is located.	69033

A revised application shall be accompanied by an additional,	69034
non-refundable fee equal to twenty-five per cent of the fee	69035
charged under section 3702.52 of the Revised Code for the original	69036
application. The additional fee shall be deposited into the	69037
certificate of need fund created under section 3702.52 of the	69038
Revised Code.	69039

On acceptance of a revised application, the director shall	69040
continue to review the application as revised in accordance with	69041
section 3702.52 of the Revised Code to determine whether it is	69042
complete and, if necessary and regardless of whether the director	69043
previously made two requests for additional information, may make	69044
a final written request to the applicant for additional	69045
information not later than thirty days after the date the director	69046
accepts the revised application.	69047

Sec. 3702.57. (A) The public health council shall adopt	69048
rules establishing procedures and criteria for reviews of	69049
applications for certificates of need and issuance, denial, or	69050
withdrawal of certificates.	69051

(1) In adopting rules that establish criteria for reviews of	69052
applications of certificates of need, the council shall consider	69053
the availability of and need for long-term care beds to provide	69054
care and treatment to persons diagnosed as having traumatic brain	69055
injuries and shall prescribe criteria for reviewing applications	69056
that propose to add long-term care beds to provide care and	69057
treatment to persons diagnosed as having traumatic brain injuries.	69058

(2) The criteria for reviews of applications for certificates	69059
of need shall relate to the need for the reviewable activity and	69060
shall pertain to all of the following matters:	69061

(a) The impact of the reviewable activity on the cost and	69062
quality of health services in the relevant geographic area,	69063
including, but not limited, to the historical and projected	69064
utilization of the services to which the application pertains and	69065
the effect of the reviewable activity on utilization of other	69066
providers of similar services;	69067

(b) The quality of the services to be provided as the result	69068
of the activity, as evidenced by the historical performance of the	69069
persons that will be involved in providing the services and by the	69070
provisions that are proposed in the application to ensure quality,	69071
including but not limited to adequate available personnel,	69072
available ancillary and support services, available equipment,	69073
size and configuration of physical plant, and relations with other	69074
providers;	69075

(c) The impact of the reviewable activity on the availability	69076
and accessibility of the type of services proposed in the	69077
application to the population of the relevant geographic area, and	69078
the level of access to the services proposed in the application	69079
that will be provided to medically underserved individuals such as	69080
recipients of public assistance and individuals who have no health	69081
insurance or whose health insurance is insufficient;	69082

(d) The activity's short- and long-term financial feasibility	69083
and cost-effectiveness, the impact of the activity on the	69084
applicant's costs and charges, and a comparison of the applicant's	69085
costs and charges with those of providers of similar services in	69086
the applicant's proposed service area;	69087

(e) The advantages, disadvantages, and costs of alternatives	69088
to the reviewable activity;	69089

(f) The impact of the activity on all other providers of	69090
similar services in the health service area or other relevant	69091
geographic area, including the impact on their utilization, market	69092
share, and financial status;	69093

(g) The historical performance of the applicant and related	69094
or affiliated parties in complying with previously granted	69095
certificates of need and any applicable certification,	69096
accreditation, or licensure requirements;	69097

(h) The relationship of the activity to the current edition	69098
of the state health resources plan issued under section 3702.521	69099
of the Revised Code;	69100

(i) The historical performance of the applicant and related	69101
or affiliated parties in providing cost-effective health care	69102
services;	69103

(j) The special needs and circumstances of the applicant or	69104
population proposed to be served by the proposed project,	69105
including research activities, prevalence of particular diseases,	69106
unusual demographic characteristics, cost-effective contractual	69107
affiliations, and other special circumstances;	69108

(k) The appropriateness of the zoning status of the proposed	69109
site of the activity;	69110

(l) The participation by the applicant in research conducted	69111
by the United States food and drug administration or clinical	69112
trials sponsored by the national institutes of health.	69113

(3) The criteria for reviews of applications shall include a	69114
formula for determining each county's long-term care bed need for	69115
purposes of section 3702.593 of the Revised Code and may include	69116
other formulas for determining need for beds.	69117

Any rules prescribing criteria that establish ratios of beds	69118
to population shall specify the bases for establishing the ratios	69119
or mitigating factors or exceptions to the ratios.	69120

(B) The council shall adopt rules specifying all of the	69121
following:	69122

(1) Information that must be provided in applications for	69123
certificates of need~~, which shall include a plan for obligating~~	69124
~~the capital expenditure or implementing the proposed project on a~~	69125
~~timely basis in accordance with section 3702.525 of the Revised~~	69126
~~Code~~;	69127

(2) Procedures for reviewing applications for completeness of	69128
information;	69129

(3) Criteria for determining that the application is	69130
complete.	69131

(C) The council shall adopt rules specifying requirements	69132
that holders of certificates of need must meet in order for the	69133
certificates to remain valid and establishing definitions and	69134
requirements for obligation of capital expenditures and	69135
implementation of projects authorized by certificates of need.	69136

(D) The council shall adopt rules establishing criteria and	69137
procedures under which the director of health may withdraw a	69138
certificate of need if the holder fails to meet requirements for	69139
continued validity of the certificate.	69140

(E) The council shall adopt rules establishing procedures	69141
under which the department of health shall monitor project	69142
implementation activities of holders of certificates of need. The	69143
rules adopted under this division also may establish procedures	69144
for monitoring implementation activities of persons that have	69145
received nonreviewability rulings.	69146

(F) The council shall adopt rules establishing procedures	69147
under which the director of health shall review certificates of	69148
need whose holders exceed or appear likely to exceed an	69149
expenditure maximum specified in a certificate.	69150

(G) The council shall adopt rules establishing certificate of	69151
need application fees sufficient to pay the costs incurred by the	69152
department for administering sections 3702.51 to 3702.62 of the	69153
Revised Code and to pay health service agencies for the functions	69154
they perform under division (D)(5) of section 3702.58 of the	69155
Revised Code. Unless rules are adopted under this division	69156
establishing different application fees, the application fee for a	69157
project not involving a capital expenditure shall be three	69158
thousand dollars and the application fee for a project involving a	69159
capital expenditure shall be nine-tenths of one per cent of the	69160
capital expenditure proposed subject to a minimum of three	69161
thousand dollars and a maximum of twenty thousand dollars.	69162

(H) The council shall adopt rules specifying information that	69163
is necessary to conduct reviews of certificate of need	69164
applications and to develop recommendations for criteria for	69165
reviews that health care facilities and other health care	69166
providers are to submit to the director under division (G) of	69167
section 3702.52 of the Revised Code.	69168

(I) The council shall adopt rules defining "affiliated	69169
person," "related person," and "ultimate controlling interest" for	69170
purposes of section 3702.524 of the Revised Code.	69171

(J) The council shall adopt rules prescribing requirements	69172
for holders of certificates of need to demonstrate to the director	69173
under section 3702.526 of the Revised Code that reasonable	69174
progress is being made toward completion of the reviewable	69175
activity and establishing standards by which the director shall	69176
determine whether reasonable progress is being made.	69177

(K) The public health council shall adopt all rules under	69178
divisions (A) to (J) of this section in accordance with Chapter	69179
119. of the Revised Code. The council may adopt other rules as	69180
necessary to carry out the purposes of sections 3702.51 to 3702.62	69181
of the Revised Code.	69182

Sec. 3702.59. (A) The director of health shall accept for	69183
review certificate of need applications as provided in sections	69184
3702.592, 3702.593, and 3702.594 of the Revised Code.	69185

(B)(1) The director shall not approve an application for a	69186
certificate of need for the addition of long-term care beds to an	69187
existing health care facility or for the development of a new	69188
health care facility if any of the following apply:	69189

(a) The existing health care facility in which the beds are	69190
being placed has one or more waivers for life safety code	69191
deficiencies, one or more state fire code violations, or one or	69192
more state building code violations, and the project identified in	69193
the application does not propose to correct all life safety code	69194
deficiencies for which a waiver has been granted, all state fire	69195
code violations, and all state building code violations at the	69196
existing health care facility in which the beds are being placed;	69197

(b) During the sixty-month period preceding the filing of the	69198
application, a notice of proposed license revocation was issued	69199
under section 3721.03 of the Revised Code for the existing health	69200
care facility in which the beds are being placed or a nursing home	69201
owned or operated by the applicant or a principal participant.	69202

(c) During the period that precedes the filing of the	69203
application and is encompassed by the three most recent standard	69204
surveys of the existing health care facility in which the beds are	69205
being placed, any of the following occurred:	69206

(i) The facility was cited on three or more separate	69207
occasions for final, nonappealable actual harm but not immediate	69208
jeopardy deficiencies.	69209

(ii) The facility was cited on two or more separate occasions	69210
for final, nonappealable immediate jeopardy deficiencies.	69211

(iii) The facility was cited on two separate occasions for	69212
final, nonappealable actual harm but not immediate jeopardy	69213
deficiencies and on one occasion for a final, nonappealable	69214
immediate jeopardy deficiency.	69215

(d) More than two nursing homes owned or operated in this	69216
state by the applicant or a principal participant or, if the	69217
applicant or a principal participant owns or operates more than	69218
twenty nursing homes in this state, more than ten per cent of	69219
those nursing homes, were each cited during the period that	69220
precedes the filing of the application for the certificate of need	69221
and is encompassed by the three most recent standard surveys of	69222
the nursing homes that were so cited in any of the following	69223
manners:	69224

(i) On three or more separate occasions for final,	69225
nonappealable actual harm but not immediate jeopardy deficiencies;	69226

(ii) On two or more separate occasions for final,	69227
nonappealable immediate jeopardy deficiencies;	69228

(iii) On two separate occasions for final, nonappealable	69229
actual harm but not immediate jeopardy deficiencies and on one	69230
occasion for a final, nonappealable immediate jeopardy deficiency.	69231

(2) In applying divisions (B)(1)(a) to (d) of this section,	69232
the director shall not consider deficiencies or violations cited	69233
before the applicant or a principal participant acquired or began	69234
to own or operate the health care facility at which the	69235
deficiencies or violations were cited. The director may disregard	69236
deficiencies and violations cited after the health care facility	69237
was acquired or began to be operated by the applicant or a	69238
principal participant if the deficiencies or violations were	69239
attributable to circumstances that arose under the previous owner	69240
or operator and the applicant or principal participant has	69241
implemented measures to alleviate the circumstances. In the case	69242
of an application proposing development of a new health care	69243
facility by relocation of beds, the director shall not consider	69244
deficiencies or violations that were solely attributable to the	69245
physical plant of the existing health care facility from which the	69246
beds are being relocated.	69247

(C) The director also shall accept for review any application	69248
for the conversion of infirmary beds to long-term care beds if the	69249
infirmary meets all of the following conditions:	69250

(1) Is operated exclusively by a religious order;

69251

(2) Provides care exclusively to members of religious orders	69252
who take vows of celibacy and live by virtue of their vows within	69253
the orders as if related;	69254

(3) Was providing care exclusively to members of such a	69255
religious order on January 1, 1994.	69256

~~At no time shall individuals other than those described in~~	69257
~~division (C)(2) of this section be admitted to a facility to use~~	69258
~~beds for which a certificate of need is approved under this~~	69259
~~division.~~	69260

(D) Notwithstanding division (C)(2) of this section, a	69261
facility that has been granted a certificate of need under	69262
division (C) of this section may provide care to any of the	69263
following family members of the individuals described in division	69264
(C)(2) of this section: mothers, fathers, brothers, sisters,	69265
brothers-in-law, sisters-in-law, or children.	69266

The long-term care beds in a facility that have been granted	69267
a certificate of need under division (C) of this section may not	69268
be relocated pursuant to sections 3702.592 to 3702.594 of the	69269
Revised Code.	69270

Sec. 3704.06. (A) The attorney general, upon the request of	69271
the director of environmental protection, shall prosecute any	69272
person who violates section 3704.05 or 3704.16 of the Revised	69273
Code.	69274

(B) The attorney general, upon request of the director, shall	69275
bring an action for an injunction, a civil penalty, or any other	69276
appropriate proceedings in any court of competent jurisdiction	69277
against any person violating or threatening to violate section	69278
3704.05 or 3704.16 of the Revised Code. The court shall have	69279
jurisdiction to grant prohibitory and mandatory injunctive relief	69280
and to require payment of a civil penalty upon the showing that	69281
~~such~~the person has violated this chapter or rules adopted	69282
thereunder.	69283

(C) A person who violates section 3704.05 or 3704.16 of the	69284
Revised Code shall pay a civil penalty of not more than	69285
twenty-five thousand dollars for each day of each violation. This	69286
division does not apply to any requirement of this chapter	69287
regarding the prevention or abatement of odors.	69288

(D) One-half of the moneys collected as civil penalties under	69289
division (C) of this section shall be credited to the	69290
environmental education fund created in section 3745.22 of the	69291
Revised Code. The remainder of the moneys so collected shall be	69292
credited to the air pollution control administration fund, which	69293
is hereby created in the state treasury. The air pollution control	69294
administration fund shall be administered by the director. Moneys	69295
in the air pollution control administration fund shall be used to	69296
supplement other moneys available for the administration and	69297
enforcement of this chapter and the rules adopted and terms and	69298
conditions of orders and permits issued under it, including,	69299
without limitation, the issuance of permits under it, and shall	69300
not be used to satisfy any state matching fund requirements for	69301
the receipt of any federal grant funds.	69302

The director may expend not more than ~~seven~~one million five	69303
hundred ~~fifty~~ thousand dollars of the moneys credited to the air	69304
pollution control administration fund under this division in any	69305
fiscal year for the purposes specified in this division. The	69306
director may request authority from the controlling board to	69307
expend any moneys credited to that fund in any fiscal year in	69308
excess of that amount.	69309

(E) Upon written complaint by any person, the director shall	69310
conduct such investigations and make such inquiries as are	69311
necessary to secure compliance with this chapter. The director,	69312
upon complaint or upon ~~his~~the director's own initiative, may	69313
investigate or make inquiries into any alleged violation or act of	69314
air pollution.	69315

Sec. 3704.14. (A)(1) If the director of environmental	69316
protection determines that implementation of a motor vehicle	69317
inspection and maintenance program is necessary for the state to	69318
effectively comply with the federal Clean Air Act after June 30,	69319
~~2009~~2011, the director may provide for the implementation of the	69320
program in those counties in this state in which such a program is	69321
federally mandated. Upon making such a determination, the director	69322
of environmental protection may request the director of	69323
administrative services to extend the terms of the contract that	69324
was entered into under the authority of ~~Section 7 of~~ Am. Sub.	69325
H.B. 241 of the ~~127th~~128th general assembly. Upon receiving the	69326
request, the director of administrative services shall extend the	69327
contract, beginning on July 1, ~~2009~~2011, in accordance with this	69328
section. The contract shall be extended for a period of up to ~~six~~	69329
twelve months with the contractor who conducted the motor vehicle	69330
inspection and maintenance program under that contract.	69331

(2) Prior to the expiration of the contract extension that is	69332
authorized by division (A)(1) of this section, the director of	69333
environmental protection ~~may~~shall request the director of	69334
administrative services to enter into a contract with a vendor to	69335
operate a decentralized motor vehicle inspection and maintenance	69336
program in each county in this state in which such a program is	69337
federally mandated through June 30, ~~2011~~2015, with an option for	69338
the state to renew the contract through June 30, ~~2012~~2017. The	69339
contract shall ensure that the decentralized motor vehicle	69340
inspection and maintenance program achieves at least the same	69341
~~ozone precursor~~emission reductions as achieved by the program	69342
operated under the authority of the contract that was extended	69343
under division (A)(1) of this section. The director of	69344
administrative services shall select a vendor through a	69345
competitive selection process in compliance with Chapter 125. of	69346
the Revised Code.	69347

(3) Notwithstanding any law to the contrary, the director of	69348
administrative services shall ensure that a competitive selection	69349
process regarding a contract to operate a decentralized motor	69350
vehicle inspection and maintenance program in this state	69351
incorporates the following ~~elements~~, which shall be included in	69352
the contract:	69353

(a) AFor purposes of expanding the number of testing	69354
locations for consumer convenience, a requirement that the vendor	69355
utilize established local businesses, auto repair facilities, or	69356
leased properties to operate state-approved inspection and	69357
maintenance testing facilities;	69358

(b) A requirement that the vendor selected to operate the	69359
program provide notification of the program's requirements to each	69360
owner of a motor vehicle that is required to be inspected under	69361
the program. The contract shall require the notification to be	69362
provided not later than sixty days prior to the date by which the	69363
owner of the motor vehicle is required to have the motor vehicle	69364
inspected. The director of environmental protection and the vendor	69365
shall jointly agree on the content of the notice. However, the	69366
notice shall include at a minimum the locations of all inspection	69367
facilities within a specified distance of the address that is	69368
listed on the owner's motor vehicle registration;	69369

(c) A requirement that the vendor comply with testing	69370
methodology and supply the required equipment approved by the	69371
director of environmental protection as specified in the	69372
competitive selection process in compliance with Chapter 125. of	69373
the Revised Code.	69374

(4) A decentralized motor vehicle inspection and maintenance	69375
program operated under this section shall comply with division (B)	69376
of this section. The director of environmental protection shall	69377
administer the decentralized motor vehicle inspection and	69378
maintenance program operated under this section.	69379

(B) The decentralized motor vehicle inspection and	69380
maintenance program authorized by this section, at a minimum,	69381
shall do all of the following:	69382

(1) Comply with the federal Clean Air Act;

69383

(2) Provide for the issuance of inspection certificates;

69384

(3) Provide for a new car exemption for motor vehicles four	69385
years old or newer and provide that a new motor vehicle is exempt	69386
for four years regardless of whether legal title to the motor	69387
vehicle is transferred during that period.	69388

(C) ~~A motor vehicle inspection and maintenance program shall~~	69389
~~not be implemented in any county in which such a program is not~~	69390
~~authorized under division (A) of this section without the approval~~	69391
~~of the general assembly through the enactment of legislation.~~	69392
~~Further, a motor vehicle inspection and maintenance program shall~~	69393
~~not be implemented in any county beyond June 30, 2012, without the~~	69394
~~approval of the general assembly through the enactment of~~	69395
~~legislation.~~	69396

~~(D)~~ The director of environmental protection shall adopt	69397
rules in accordance with Chapter 119. of the Revised Code that the	69398
director determines are necessary to implement this section. The	69399
director may continue to implement and enforce rules pertaining to	69400
the motor vehicle inspection and maintenance program previously	69401
implemented under former section 3704.14 of the Revised Code as	69402
that section existed prior to its repeal and reenactment by Am.	69403
Sub. H.B. 66 of the 126th general assembly, provided that the	69404
rules do not conflict with this section.	69405

~~(E)~~(D) There is hereby created in the state treasury the auto	69406
emissions test fund, which shall consist of money received by the	69407
director from any cash transfers, state and local grants, and	69408
other contributions that are received for the purpose of funding	69409
the program established under this section. The director of	69410
environmental protection shall use money in the fund solely for	69411
the implementation, supervision, administration, operation, and	69412
enforcement of the motor vehicle inspection and maintenance	69413
program established under this section. Money in the fund shall	69414
not be used for either of the following:	69415

(1) To pay for the inspection costs incurred by a motor	69416
vehicle dealer so that the dealer may provide inspection	69417
certificates to an individual purchasing a motor vehicle from the	69418
dealer when that individual resides in a county that is subject to	69419
the motor vehicle inspection and maintenance program;	69420

(2) To provide payment for more than one free passing	69421
emissions inspection or a total of three emissions inspections for	69422
a motor vehicle in any three-hundred-sixty-five day period. The	69423
owner or lessee of a motor vehicle is responsible for inspection	69424
fees that are related to emissions inspections beyond one free	69425
passing emissions inspection or three total emissions inspections	69426
in any three-hundred-sixty-five day period. Inspection fees that	69427
are charged by a contractor conducting emissions inspections under	69428
a motor vehicle inspection and maintenance program shall be	69429
approved by the director of environmental protection.	69430

~~(F)~~(E) The motor vehicle inspection and maintenance program	69431
established under this section expires upon the termination of all	69432
contracts entered into under this section and shall not be	69433
implemented beyond the final date on which termination occurs.	69434

Sec. 3705.24. (A)(1) The public health council shall, in	69435
accordance with section 111.15 of the Revised Code, adopt rules	69436
prescribing fees for the following items or services provided by	69437
the state office of vital statistics:	69438

(a) Except as provided in division (A)(4) of this section:

69439

(i) A certified copy of a vital record or a certification of	69440
birth;	69441

(ii) A search by the office of vital statistics of its files	69442
and records pursuant to a request for information, regardless of	69443
whether a copy of a record is provided;	69444

(iii) A copy of a record provided pursuant to a request.

69445

(b) Replacement of a birth certificate following an adoption,	69446
legitimation, paternity determination or acknowledgement, or court	69447
order;	69448

69449

(d) Amendment of a vital record that is requested later than	69450
one year after the filing date of the vital record;	69451

(e) Any other documents or services for which the public	69452
health council considers the charging of a fee appropriate.	69453

(2) Fees prescribed under division (A)(1)(a) of this section	69454
shall not be less than twelve dollars.	69455

(3) Fees prescribed under division (A)(1) of this section	69456
shall be collected in addition to any fees required by sections	69457
3109.14 and 3705.242 of the Revised Code.	69458

(4) Fees prescribed under division (A) of this section shall	69459
not apply to certifications issued under division (H) of this	69460
section or copies provided under section 3705.241 of the Revised	69461
Code.	69462

(B) In addition to the fees prescribed under division (A) of	69463
this section or section 3709.09 of the Revised Code, the office of	69464
vital statistics or, the board of health of a city or general	69465
health district, or a local registrar of vital statistics who is	69466
not a salaried employee of a city or general health district shall	69467
charge a five-dollar fee for each certified copy of a vital record	69468
and each certification of birth. This fee shall be deposited in	69469
the general operations fund created under section 3701.83 of the	69470
Revised Code and be used to support the operations, the	69471
modernization, and the automation of the vital records program in	69472
this state. A board of health or a local registrar shall forward	69473
all fees collected under this division to the department of health	69474
not later than thirty days after the end of each calendar quarter.	69475

(C) Except as otherwise provided in division (H) of this	69476
section, and except as provided in section 3705.241 of the Revised	69477
Code, fees collected by the director of health under sections	69478
3705.01 to 3705.29 of the Revised Code shall be paid into the	69479
state treasury to the credit of the general operations fund	69480
created by section 3701.83 of the Revised Code. Except as provided	69481
in division (B) or (I) of this section, money generated by the	69482
fees shall be used only for administration and enforcement of this	69483
chapter and the rules adopted under it. Amounts submitted to the	69484
department of health for copies of vital records or services in	69485
excess of the fees imposed by this section shall be dealt with as	69486
follows:	69487

(1) An overpayment of two dollars or less shall be retained	69488
by the department and deposited in the state treasury to the	69489
credit of the general operations fund created by section 3701.83	69490
of the Revised Code.	69491

(2) An overpayment in excess of two dollars shall be returned	69492
to the person who made the overpayment.	69493

(D) If a local registrar is a salaried employee of a city or	69494
a general health district, any fees the local registrar receives	69495
pursuant to section 3705.23 of the Revised Code shall be paid into	69496
the general fund of the city or the health fund of the general	69497
health district.	69498

Each local registrar of vital statistics, or each health	69499
district where the local registrar is a salaried employee of the	69500
district, shall be entitled to a fee for each birth, fetal death,	69501
death, or military service certificate properly and completely	69502
made out and registered with the local registrar or district and	69503
correctly copied and forwarded to the office of vital statistics	69504
in accordance with the population of the primary registration	69505
district at the last federal census. The fee for each birth, fetal	69506
death, death, or military service certificate shall be:	69507

(1) In primary registration districts of over two hundred	69508
fifty thousand, twenty cents;	69509

(2) In primary registration districts of over one hundred	69510
twenty-five thousand and less than two hundred fifty thousand,	69511
sixty cents;	69512

(3) In primary registration districts of over fifty thousand	69513
and less than one hundred twenty-five thousand, eighty cents;	69514

(4) In primary registration districts of less than fifty	69515
thousand, one dollar.	69516

(E) The director of health shall annually certify to the	69517
county treasurers of the several counties the number of birth,	69518
fetal death, death, and military service certificates registered	69519
from their respective counties with the names of the local	69520
registrars and the amounts due each registrar and health district	69521
at the rates fixed in this section. Such amounts shall be paid by	69522
the treasurer of the county in which the registration districts	69523
are located. No fees shall be charged or collected by registrars	69524
except as provided by this chapter and section 3109.14 of the	69525
Revised Code.	69526

(F) A probate judge shall be paid a fee of fifteen cents for	69527
each certified abstract of marriage prepared and forwarded by the	69528
probate judge to the department of health pursuant to section	69529
3705.21 of the Revised Code. The fee shall be in addition to the	69530
fee paid for a marriage license and shall be paid by the	69531
applicants for the license.	69532

(G) The clerk of a court of common pleas shall be paid a fee	69533
of one dollar for each certificate of divorce, dissolution, and	69534
annulment of marriage prepared and forwarded by the clerk to the	69535
department pursuant to section 3705.21 of the Revised Code. The	69536
fee for the certified abstract of divorce, dissolution, or	69537
annulment of marriage shall be added to the court costs allowed in	69538
these cases.	69539

(H) The fee for an heirloom certification of birth issued	69540
pursuant to division (B)(2) of section 3705.23 of the Revised Code	69541
shall be an amount prescribed by rule by the director of health	69542
plus any fee required by section 3109.14 of the Revised Code. In	69543
setting the amount of the fee, the director shall establish a	69544
surcharge in addition to an amount necessary to offset the expense	69545
of processing heirloom certifications of birth. The fee prescribed	69546
by the director of health pursuant to this division shall be	69547
deposited into the state treasury to the credit of the heirloom	69548
certification of birth fund which is hereby created. Money	69549
credited to the fund shall be used by the office of vital	69550
statistics to offset the expense of processing heirloom	69551
certifications of birth. However, the money collected for the	69552
surcharge, subject to the approval of the controlling board, shall	69553
be used for the purposes specified by the family and children	69554
first council pursuant to section 121.37 of the Revised Code.	69555

(I)(1) Four dollars of each fee collected by ~~the director of~~	69556
~~health or~~ the board of health of a city or general health district	69557
for ~~an item or service described in division (A)(1)(a) of this~~	69558
~~section~~a certified copy of a vital record or a certification of	69559
birth shall be transferred to the office of vital statistics not	69560
later than thirty days after the end of each calendar quarter ~~and~~.	69561
The amount collected shall be used to support public health	69562
systems. Of each four dollars collected, one dollar shall be used	69563
by the director of health to pay subsidies to boards of health.	69564
The subsidies shall be distributed in accordance with the same	69565
formula established under section 3701.342 of the Revised Code for	69566
the distribution of state health district subsidy funds to boards	69567
of health and local health departments.	69568

(2) Four dollars of each fee collected by a local registrar	69569
of vital statistics who is not a salaried employee of a city or	69570
general health district, for a certified copy of a vital record or	69571
certification of birth, shall be transferred to the office of	69572
vital statistics not later than thirty days after the end of each	69573
calendar quarter. The amount collected shall be used to support	69574
public health systems.	69575

Sec. 3709.09. (A) The board of health of a city or general	69576
health district may, by rule, establish a uniform system of fees	69577
to pay the costs of any services provided by the board.	69578

The fee for issuance of a certified copy of a vital record or	69579
a certification of birth shall not be less than the fee prescribed	69580
for the same service under division (A)(1) of section 3705.24 of	69581
the Revised Code and shall include the fees required by division	69582
(B) of section 3705.24 and section 3109.14 of the Revised Code.	69583

Fees for services provided by the board for purposes	69584
specified in sections 3701.344, 3711.10, 3718.06, 3729.07,	69585
3730.03, ~~3733.04, 3733.25,~~ and 3749.04 of the Revised Code shall	69586
be established in accordance with rules adopted under division (B)	69587
of this section. The district advisory council, in the case of a	69588
general health district, and the legislative authority of the	69589
city, in the case of a city health district, may disapprove any	69590
fee established by the board of health under this division, and	69591
any such fee, as disapproved, shall not be charged by the board of	69592
health.	69593

(B) The public health council shall adopt rules under section	69594
111.15 of the Revised Code that establish fee categories and a	69595
uniform methodology for use in calculating the costs of services	69596
provided for purposes specified in sections 3701.344, 3711.10,	69597
3718.06, 3729.07, 3730.03, ~~3733.04, 3733.25,~~ and 3749.04 of the	69598
Revised Code. In adopting the rules, the public health council	69599
shall consider recommendations it receives from advisory boards	69600
established either by statute or the director of health for	69601
entities subject to the fees.	69602

(C) Except when a board of health establishes a fee by	69603
adopting a rule as an emergency measure, the board of health shall	69604
hold a public hearing regarding each proposed fee for a service	69605
provided by the board for a purpose specified in section 3701.344,	69606
3711.10, 3718.06, 3729.07, 3730.03, ~~3733.04, 3733.25,~~ or 3749.04	69607
of the Revised Code. If a public hearing is held, at least twenty	69608
days prior to the public hearing the board shall give written	69609
notice of the hearing to each entity affected by the proposed fee.	69610
The notice shall be mailed to the last known address of each	69611
entity and shall specify the date, time, and place of the hearing	69612
and the amount of the proposed fee.	69613

(D) If payment of a fee established under this section is not	69614
received by the day on which payment is due, the board of health	69615
shall assess a penalty. The amount of the penalty shall be equal	69616
to twenty-five per cent of the applicable fee.	69617

(E) All rules adopted by a board of health under this section	69618
shall be adopted, recorded, and certified as are ordinances of	69619
municipal corporations and the record thereof shall be given in	69620
all courts the same effect as is given such ordinances, but the	69621
advertisements of such rules shall be by publication in one	69622
newspaper of general circulation within the health district.	69623
Publication shall be made once a week for two consecutive weeks	69624
or as provided in section 7.16 of the Revised Code, and such rules	69625
shall take effect and be in force ten days from the date of the	69626
first publication.	69627

Sec. 3709.092. (A) A board of health of a city or general	69628
health district shall transmit to the director of health all fees	69629
or additional amounts that the public health council requires to	69630
be collected under sections 3701.344, 3718.06, 3729.07, ~~3733.04,~~	69631
~~3733.25,~~ and 3749.04 of the Revised Code. The fees and amounts	69632
shall be transmitted according to the following schedule:	69633

(1) For fees and amounts received by the board on or after	69634
the first day of January but not later than the thirty-first day	69635
of March, transmit the fees and amounts not later than the	69636
fifteenth day of May;	69637

(2) For fees and amounts received by the board on or after	69638
the first day of April but not later than the thirtieth day of	69639
June, transmit the fees and amounts not later than the fifteenth	69640
day of August;	69641

(3) For fees and amounts received by the board on or after	69642
the first day of July but not later than the thirtieth day of	69643
September, transmit the fees and amounts not later than the	69644
fifteenth day of November;	69645

(4) For fees and amounts received by the board on or after	69646
the first day of October but not later than the thirty-first day	69647
of December, transmit the fees and amounts not later than the	69648
fifteenth day of February of the following year.	69649

(B) The director shall deposit the fees and amounts received	69650
under this section into the state treasury to the credit of the	69651
general operations fund created in section 3701.83 of the Revised	69652
Code. Each amount shall be used solely for the purpose for which	69653
it was collected.	69654

Sec. 3709.21. The board of health of a general health	69655
district may make such orders and regulations as are necessary for	69656
its own government, for the public health, the prevention or	69657
restriction of disease, and the prevention, abatement, or	69658
suppression of nuisances. Such board may require that no human,	69659
animal, or household wastes from sanitary installations within the	69660
district be discharged into a storm sewer, open ditch, or	69661
watercourse without a permit therefor having been secured from the	69662
board under such terms as the board requires. All orders and	69663
regulations not for the government of the board, but intended for	69664
the general public, shall be adopted, recorded, and certified as	69665
are ordinances of municipal corporations and the record thereof	69666
shall be given in all courts the same effect as is given such	69667
ordinances, but the advertisements of such orders and regulations	69668
shall be by publication in ~~one~~a newspaper ~~published and~~ of	69669
general circulation within the district. Publication shall be made	69670
once a week for two consecutive weeks or as provided in section	69671
7.16 of the Revised Code, and such orders and regulations shall	69672
take effect and be in force ten days from the date of the first	69673
publication. In cases of emergency caused by epidemics of	69674
contagious or infectious diseases, or conditions or events	69675
endangering the public health, the board may declare such orders	69676
and regulations to be emergency measures, and such orders and	69677
regulations shall become effective immediately without such	69678
advertising, recording, and certifying.	69679

Sec. 3709.341. The board of county commissioners may donate	69680
or sell property, buildings, and furnishings to any board of	69681
health of a general or combined health district. Upon acceptance	69682
by the board of health of the general or combined district, the	69683
board of county commissioners may convey the property, buildings,	69684
and furnishings to the board of health to be used as quarters by	69685
the board of health. The instrument conveying the property,	69686
buildings, and furnishings shall include a reverter clause that,	69687
in the event the board of health subsequently sells the property,	69688
buildings, and furnishings:	69689

(A) Reverts the property, buildings, and furnishings to the	69690
board of county commissioners if they initially were donated by	69691
the board of county commissioners; or	69692

(B) Specifies how the proceeds of the board of health's	69693
subsequent sale of the property, buildings, and furnishings shall	69694
be distributed, if they initially were sold by the board of county	69695
commissioners.	69696

Sec. 3717.53. (A) As used in this section:

69697

(1) "Food nutrition information" includes, but is not limited	69698
to, the caloric, fat, carbohydrate, cholesterol, fiber, sugar,	69699
potassium, protein, vitamin, mineral, allergen, and sodium content	69700
of food. "Food nutrition information" also includes the	69701
designation of food as healthy or unhealthy.	69702

(2) "Political subdivision" and "local legislation" have the	69703
same meanings as in section 905.501 of the Revised Code.	69704

(3) "Consumer incentive item" means any licensed media	69705
character, toy, game, trading card, contest, point accumulation,	69706
club membership, admission ticket, token, code or password for	69707
digital access, coupon, voucher, incentive, crayons, coloring	69708
placemat, or other premium, prize, or consumer product that is	69709
associated with a meal served by or acquired from a food service	69710
operation.	69711

(B) The director of agriculture has sole and exclusive	69712
authority in this state to regulate the provision of food	69713
nutrition information and consumer incentive items at food service	69714
operations. The director may adopt rules for that purpose in	69715
accordance with Chapter 119. of the Revised Code, including rules	69716
that establish a schedule of civil penalties for violations of	69717
this section and rules adopted under it. Subject to the approval	69718
of the joint committee on agency rule review, portions of the	69719
rules may be adopted by referencing all or any part of any federal	69720
regulations pertaining to the provision of food nutrition	69721
information and consumer incentive items.	69722

The regulation of the provision of food nutrition information	69723
and consumer incentive items at food service operations ~~is a~~	69724
~~matter~~and how food service operations are characterized are	69725
matters of general statewide interest that ~~requires~~require	69726
statewide regulation, and rules adopted under this section	69727
constitute a comprehensive plan with respect to all aspects of the	69728
regulation of the provision of food nutrition information and	69729
consumer incentive items at food service operations in this state.	69730
Rules adopted under this section shall be applied uniformly	69731
throughout this state.	69732

(C) No political subdivision shall ~~enact~~do any of the	69733
following:	69734

(1) Enact, adopt, or continue in effect local legislation	69735
relating to the provision or nonprovision of food nutrition	69736
information or consumer incentive items at food service	69737
operations;	69738

(2) Condition a license, a permit, or regulatory approval on	69739
the provision or nonprovision of food nutrition information or	69740
consumer incentive items at food service operations;	69741

(3) Ban, prohibit, or otherwise restrict food at food service	69742
operations based on the food nutrition information or on the	69743
provision or nonprovision of consumer incentive items;	69744

(4) Condition a license, a permit, or regulatory approval for	69745
a food service operation on the existence or nonexistence of	69746
food-based health disparities;	69747

(5) Where food service operations are permitted to operate,	69748
ban, prohibit, or otherwise restrict a food service operation	69749
based on the existence or nonexistence of food-based health	69750
disparities as recognized by the department of health, the	69751
national institute of health, or the centers for disease control.	69752

Sec. 3719.141. (A) A peace officer may sell any controlled	69753
substance in the performance of the officer's official duties only	69754
if either of the following applies:	69755

(1) A peace officer may sell any controlled substance in the	69756
performance of the officer's official duties if all of the	69757
following apply:	69758

(a) Prior approval for the sale has been given by the	69759
prosecuting attorney of the county in which the sale takes place,	69760
in any manner described in division (B) of this section;	69761

(b) The peace officer who makes the sale determines that the	69762
sale is necessary in the performance of the officer's official	69763
duties;	69764

69765

(i) The person to whom the sale is made or any other person	69766
who is involved in the sale does not know that the officer who	69767
makes the sale is a peace officer, and the peace officer who makes	69768
the sale determines that the sale is necessary to prevent the	69769
person from determining or suspecting that the officer who makes	69770
the sale is a peace officer.	69771

(ii) The peace officer who makes the sale determines that the	69772
sale is necessary to preserve an identity that the peace officer	69773
who makes the sale has assumed in the performance of the officer's	69774
official duties.	69775

(iii) The sale involves a controlled substance that, during	69776
the course of another sale, was intercepted by the peace officer	69777
who makes the sale or any other peace officer who serves the same	69778
agency served by the peace officer who makes the sale; the	69779
intended recipient of the controlled substance in the other sale	69780
does not know that the controlled substance has been so	69781
intercepted; the sale in question is made to the intended	69782
recipient of the controlled substance in the other sale and is	69783
undertaken with the intent of obtaining evidence of a drug abuse	69784
offense against the intended recipient of the controlled	69785
substance; and the sale in question does not involve the transfer	69786
of any money or other thing of value to the peace officer who	69787
makes the sale or any other peace officer who serves the same	69788
agency served by the peace officer who makes the sale in exchange	69789
for the controlled substance.	69790

(d) If the sale is made under the circumstances described in	69791
division (A)(1)(c)(i) or (ii) of this section, no person is	69792
charged with any criminal offense or any delinquent act based upon	69793
the sale unless both of the following apply:	69794

(i) The person also is charged with a criminal offense or a	69795
delinquent act that is based upon an act or omission that is	69796
independent of the sale but that either is connected together with	69797
the sale, or constitutes a part of a common scheme or plan with	69798
the sale, or is part of a course of criminal conduct involving the	69799
sale.	69800

(ii) The criminal offense or delinquent act based upon the	69801
sale and the other criminal offense or delinquent act are charged	69802
in the same indictment, information, or complaint.	69803

(e) The sale is not part of a continuing course of conduct	69804
involving the sale of controlled substances by the peace officer	69805
who makes the sale.	69806

(f) The amount of the controlled substance sold and the scope	69807
of the sale of the controlled substance is as limited as possible	69808
under the circumstances.	69809

(g) Prior to the sale, the law enforcement agency served by	69810
the peace officer who makes the sale has adopted a written	69811
internal control policy that does all of the following:	69812

(i) Addresses the keeping of detailed records as to the	69813
amount of money or other things of value obtained in the sale in	69814
exchange for the controlled substance;	69815

(ii) Addresses the delivery of all moneys or things of value	69816
so obtained to the prosecuting attorney pursuant to division (D)	69817
of this section;	69818

(iii) Addresses the agency's use and disposition of all such	69819
moneys or things of value that are deposited in the law	69820
enforcement trust fund of the sheriff, municipal corporation, or	69821
township, pursuant to division (D) of this section, and that are	69822
used by the sheriff, are allocated to the police department of the	69823
municipal corporation by its legislative authority, or are	69824
allocated by the board of township trustees to the township police	69825
department, township or joint police district police force, or	69826
office of the constable;	69827

(iv) Provides for the keeping of detailed financial records	69828
of the receipts of the proceeds, the general types of expenditures	69829
made out of the proceeds received, and the specific amount of each	69830
general type of expenditure. The policy shall not provide for or	69831
permit the identification of any peace officer involved in the	69832
sale, any information that is or may be needed in an ongoing	69833
investigation, or any specific expenditure that is made in an	69834
ongoing investigation.	69835

(2) A peace officer may sell any controlled substance in the	69836
performance of the officer's official duties if all of the	69837
following apply:	69838

(a) Prior approval for the sale has been given by the	69839
prosecuting attorney of the county in which the sale takes place,	69840
in any manner described in division (B) of this section;	69841

(b) Prior to the sale, the law enforcement agency served by	69842
the peace officer has adopted a written internal control policy	69843
that does the things listed in divisions (A)(1)(g)(i) to (iv) of	69844
this section;	69845

(c) The purchaser of the controlled substance acquires	69846
possession of it in the presence of the peace officer who makes	69847
the sale.	69848

(d) Upon the consummation of the sale, either of the	69849
following occurs:	69850

(i) The peace officer arrests the purchaser of the controlled	69851
substance, recovers it and the proceeds of the sale, and secures	69852
it and the proceeds as evidence to be used in a subsequent	69853
prosecution.	69854

(ii) The peace officer makes a reasonable, good faith effort	69855
to arrest the purchaser of the controlled substance and to recover	69856
the controlled substance and the proceeds of the sale, but the	69857
officer is unable to make the arrest and recover all of the	69858
controlled substance and proceeds for reasons beyond the officer's	69859
control, and the peace officer secures all of the controlled	69860
substance recovered and all of the proceeds recovered as evidence	69861
to be used in a subsequent prosecution.	69862

(B) The approval of a prosecuting attorney required by	69863
division (A)(1)(a) or (2)(a) of this section may be in either of	69864
the following forms:	69865

(1) A general approval that is given by the prosecuting	69866
attorney to the peace officer who makes the sale or to the law	69867
enforcement agency served by that peace officer, that grants	69868
approval only to that peace officer, and that grants approval for	69869
any such sale that may be necessary, after the approval has been	69870
granted, under the standards described in division (A)(1) or (2)	69871
of this section;	69872

(2) A specific approval that is given by the prosecuting	69873
attorney to the peace officer who makes the sale or to the law	69874
enforcement agency served by that peace officer, and that grants	69875
approval only to that peace officer and only for the particular	69876
sale in question, under the standards described in division (A)(1)	69877
or (2) of this section.	69878

(C) If a peace officer sells a controlled substance in the	69879
performance of the officer's official duties under division (A)(1)	69880
or (2) of this section, the peace officer, within a reasonable	69881
time after the sale, shall provide the prosecuting attorney who	69882
granted approval for the sale with a written summary that	69883
identifies the amount and type of controlled substance sold, the	69884
circumstances of the sale, and the amount of any money or other	69885
thing of value obtained in the sale in exchange for the controlled	69886
substance. The summary shall not identify or enable the	69887
identification of any peace officer involved in the sale and shall	69888
not contain any information that is or may be needed in an ongoing	69889
investigation.	69890

(D)(1) Except as provided in division (D)(2) of this section,	69891
if a peace officer sells a controlled substance in the performance	69892
of the officer's official duties under division (A)(1) or (2) of	69893
this section, the peace officer, as soon as possible after the	69894
sale, shall deliver all money or other things of value obtained in	69895
the sale in exchange for the controlled substance to the	69896
prosecuting attorney who granted approval for the sale. The	69897
prosecuting attorney shall safely keep all money and other things	69898
of value the prosecuting attorney receives under this division for	69899
use as evidence in any criminal action or delinquency proceeding	69900
based upon the sale. All money so received by a prosecuting	69901
attorney that no longer is needed as evidence in any criminal	69902
action or delinquency proceeding shall be deposited by the	69903
prosecuting attorney in the law enforcement trust fund of the	69904
sheriff if the peace officer who made the sale is the sheriff or a	69905
deputy sheriff or the law enforcement trust fund of a municipal	69906
corporation or township if it is served by the peace officer who	69907
made the sale, as established pursuant to section 2981.13 of the	69908
Revised Code, and upon deposit shall be expended only as provided	69909
in that section. All other things of value so received by a	69910
prosecuting attorney that no longer are needed as evidence in any	69911
criminal action or delinquency proceeding shall be disposed of,	69912
without appraisal, at a public auction to the highest bidder for	69913
cash; the proceeds of the sale shall be deposited by the	69914
prosecuting attorney in the law enforcement trust fund of the	69915
sheriff if the peace officer who made the sale is the sheriff or a	69916
deputy sheriff or the law enforcement trust fund of a municipal	69917
corporation or township if it is served by the peace officer who	69918
made the sale, as established pursuant to section 2981.13 of the	69919
Revised Code, and upon deposit shall be expended only as provided	69920
in that section. Each law enforcement agency that uses any money	69921
that was deposited in a law enforcement trust fund pursuant to	69922
this division shall comply with the written internal control	69923
policy adopted by the agency, as required by division (A)(1)(g) or	69924
(2)(b) of this section, in its use of the money.	69925

(2) Division (D)(1) of this section does not apply in	69926
relation to a peace officer who sells a controlled substance in	69927
the performance of the officer's official duties under division	69928
(A)(1) of this section in any of the following circumstances:	69929

(a) The person to whom the sale is made or any other person	69930
who is involved in the sale does not know that the officer is a	69931
peace officer, and, if the officer were to retain and deliver the	69932
money or other things of value to the prosecuting attorney, the	69933
person would determine or suspect that the officer is a peace	69934
officer.	69935

(b) If the officer were to retain and deliver the money or	69936
other things of value to the prosecuting attorney, an identity	69937
that has been assumed in the performance of the officer's official	69938
duties would not be preserved.	69939

(c) The sale is made under the circumstances described in	69940
division (A)(1)(c)(iii) of this section.	69941

(3) If division (D)(1) of this section does not apply in	69942
relation to a peace officer who sells a controlled substance in	69943
the performance of the officer's official duties under division	69944
(A)(1) of this section due to the operation of division (D)(2) of	69945
this section, the peace officer, as soon as possible after the	69946
sale, shall deliver to the prosecuting attorney who granted	69947
approval for the sale a written summary that describes the	69948
circumstances of the sale and the reason for which division (D)(1)	69949
of this section does not apply. The summary shall not identify or	69950
enable the identification of any peace officer involved in the	69951
sale and shall not contain any information that is or may be	69952
needed in an ongoing investigation.	69953

(E)(1) A written internal control policy adopted by a law	69954
enforcement agency that is served by a peace officer who sells a	69955
controlled substance under division (A)(1) or (2) of this section,	69956
as required by division (A)(1)(g) or (2)(b) of this section, is a	69957
public record open for inspection under section 149.43 of the	69958
Revised Code. Each law enforcement agency that adopts a written	69959
internal control policy of that nature shall comply with it in	69960
relation to any sale of a controlled substance under division	69961
(A)(1) or (2) of this section. All records as to the amount of	69962
money or things of value obtained in the sale of a controlled	69963
substance, in exchange for the controlled substance, and all	69964
financial records of the receipts of the proceeds, the general	69965
types of expenditures made out of the proceeds received, and the	69966
specific amounts of each general type of expenditure by a law	69967
enforcement agency in relation to any sale of a controlled	69968
substance under division (A)(1) or (2) of this section are public	69969
records open for inspection under section 149.43 of the Revised	69970
Code.	69971

(2) A summary required by division (C) or (D)(3) of this	69972
section is a public record open for inspection under section	69973
149.43 of the Revised Code.	69974

(F)(1) Each prosecuting attorney who grants approval for a	69975
sale of controlled substances by a peace officer and who receives	69976
in any calendar year one or more summaries under division (C) of	69977
this section relative to the sale of a controlled substance by a	69978
peace officer shall prepare a report covering the calendar year	69979
that cumulates all of the information contained in each of the	69980
summaries so received in the calendar year and shall send the	69981
cumulative report, no later than the first day of March in the	69982
calendar year following the calendar year covered by the report,	69983
to the attorney general.	69984

(2) Each prosecuting attorney who receives any money or any	69985
other thing of value under division (D)(1) of this section shall	69986
keep detailed financial records of the receipts and dispositions	69987
of all such moneys or things of value so received. No record of	69988
that nature shall identify, or enable the identification of, any	69989
person from whom money or another thing of value was received as a	69990
result of the sale of a controlled substance under division (A)(1)	69991
or (2) of this section or contain any information that is or may	69992
be needed in an ongoing investigation. Each record of that nature	69993
is a public record open for inspection under section 149.43 of the	69994
Revised Code and shall include, but is not limited to, all of the	69995
following information:	69996

(a) The identity of each law enforcement agency that has so	69997
delivered any money or other thing of value to the prosecuting	69998
attorney;	69999

(b) The total amount of money or other things of value so	70000
received from each law enforcement agency;	70001

(c) The disposition made under this section of all money or	70002
other things of value so received.	70003

(G) Divisions (A) to (F) of this section do not apply to any	70004
peace officer, or to any officer, agent, or employee of the United	70005
States, who is operating under the management and direction of the	70006
United States department of justice. Any peace officer, or any	70007
officer, agent, or employee of the United States, who is operating	70008
under the management and direction of the United States department	70009
of justice may sell a controlled substance in the performance of	70010
the officer's, agent's, or employee's official duties if the sale	70011
is made in accordance with federal statutes and regulations.	70012

(H) As used in this section, "peace officer" has the same	70013
meaning as in section 2935.01 of the Revised Code and also	70014
includes a special agent of the bureau of criminal identification	70015
and investigation.	70016

Sec. 3719.41. Controlled substance schedules I, II, III, IV,	70017
and V are hereby established, which schedules include the	70018
following, subject to amendment pursuant to section 3719.43 or	70019
3719.44 of the Revised Code.	70020

SCHEDULE I	70021

(A) Narcotics-opiates

70022

Any of the following opiates, including their isomers,	70023
esters, ethers, salts, and salts of isomers, esters, and ethers,	70024
unless specifically excepted under federal drug abuse control	70025
laws, whenever the existence of these isomers, esters, ethers, and	70026
salts is possible within the specific chemical designation:	70027

(1) Acetyl-alpha-methylfentanyl	70028
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);	70029

(2) Acetylmethadol;

70030

(3) Allylprodine;

70031

(4) Alphacetylmethadol (except levo-alphacetylmethadol, also	70032
known as levo-alpha-acetylmethadol, levomethadyl acetate, or	70033
LAAM);	70034

(5) Alphameprodine;

70035

(6) Alphamethadol;

70036

(7) Alpha-methylfentanyl	70037
(N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide;	70038
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);	70039

(8) Alpha-methylthiofentanyl	70040
(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-	70041
phenylpropanamide);	70042

(9) Benzethidine;

70043

(10) Betacetylmethadol;

70044

(11) Beta-hydroxyfentanyl	70045
(N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]-N- phenylpropanamide);	70046

(12) Beta-hydroxy-3-methylfentanyl (other name:	70047
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-	70048
phenylpropanamide);	70049

(13) Betameprodine;

70050

(14) Betamethadol;

70051

(15) Betaprodine;

70052

(16) Clonitazene;

70053

(17) Dextromoramide;

70054

(18) Diampromide;

70055

(19) Diethylthiambutene;

70056

(20) Difenoxin;

70057

(21) Dimenoxadol;

70058

(22) Dimepheptanol;

70059

(23) Dimethylthiambutene;

70060

(24) Dioxaphetyl butyrate;

70061

(25) Dipipanone;

70062

(26) Ethylmethylthiambutene;

70063

(27) Etonitazene;

70064

(28) Etoxeridine;

70065

(29) Furethidine;

70066

(30) Hydroxypethidine;

70067

(31) Ketobemidone;

70068

(32) Levomoramide;

70069

(33) Levophenacylmorphan;

70070

(34) 3-methylfentanyl	70071
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N- phenylpropanamide);	70072

(35) 3-methylthiofentanyl	70073
(N-[3-methyl-1-[2-(thienyl)ethyl]-4-piperidinyl]-N-	70074
phenylpropanamide);	70075

(36) Morpheridine;

70076

(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);

70077

(38) Noracymethadol;

70078

(39) Norlevorphanol;

70079

(40) Normethadone;

70080

(41) Norpipanone;

70081

(42) Para-fluorofentanyl	70082
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide;	70083

(43) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine;

70084

(44) Phenadoxone;

70085

(45) Phenampromide;

70086

(46) Phenomorphan;

70087

(47) Phenoperidine;

70088

(48) Piritramide;

70089

(49) Proheptazine;

70090

(50) Properidine;

70091

(51) Propiram;

70092

(52) Racemoramide;

70093

(53) Thiofentanyl	70094
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide;	70095

(54) Tilidine;

70096

(55) Trimeperidine.

70097

(B) Narcotics-opium derivatives

70098

Any of the following opium derivatives, including their	70099
salts, isomers, and salts of isomers, unless specifically excepted	70100
under federal drug abuse control laws, whenever the existence of	70101
these salts, isomers, and salts of isomers is possible within the	70102
specific chemical designation:	70103

(1) Acetorphine;

70104

(2) Acetyldihydrocodeine;

70105

(3) Benzylmorphine;

70106

(4) Codeine methylbromide;

70107

(5) Codeine-n-oxide;

70108

(6) Cyprenorphine;

70109

(7) Desomorphine;

70110

(8) Dihydromorphine;

70111

(9) Drotebanol;

70112

(10) Etorphine (except hydrochloride salt);

70113

(11) Heroin;

70114

(12) Hydromorphinol;

70115

(13) Methyldesorphine;

70116

(14) Methyldihydromorphine;

70117

(15) Morphine methylbromide;

70118

(16) Morphine methylsulfonate;

70119

(17) Morphine-n-oxide;

70120

(18) Myrophine;

70121

(19) Nicocodeine;

70122

(20) Nicomorphine;

70123

(21) Normorphine;

70124

(22) Pholcodine;

70125

(23) Thebacon.

70126

70127

Any material, compound, mixture, or preparation that contains	70128
any quantity of the following hallucinogenic substances, including	70129
their salts, isomers, and salts of isomers, unless specifically	70130
excepted under federal drug abuse control laws, whenever the	70131
existence of these salts, isomers, and salts of isomers is	70132
possible within the specific chemical designation. For the	70133
purposes of this division only, "isomer" includes the optical	70134
isomers, position isomers, and geometric isomers.	70135

(1) Alpha-ethyltryptamine (some trade or other names:	70136
etryptamine; Monase; alpha-ethyl-1H-indole-3-ethanamine;	70137
3-(2-aminobutyl) indole; alpha-ET; and AET);	70138

(2) 4-bromo-2,5-dimethoxyamphetamine (some trade or other	70139
names: 4-bromo-2,5-dimethoxy-alpha-methyphenethylamine;	70140
4-bromo-2,5-DMA);	70141

(3) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other	70142
names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane;	70143
alpha-desmethyl DOB; 2C-B, Nexus);	70144

(4) 2,5-dimethoxyamphetamine (some trade or other names:	70145
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);	70146

(5) 2,5-dimethoxy-4-ethylamphetamine (some trade or other	70147
names: DOET);	70148

(6) 4-methoxyamphetamine (some trade or other names:	70149
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine;	70150
PMA);	70151

(7) 5-methoxy-3,4-methylenedioxy-amphetamine;

70152

(8) 4-methyl-2,5-dimethoxy-amphetamine (some trade or other	70153
names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM"	70154
and "STP");	70155

(9) 3,4-methylenedioxy amphetamine;

70156

(10) 3,4-methylenedioxymethamphetamine (MDMA);

70157

(11) 3,4-methylenedioxy-N-ethylamphetamine (also known as	70158
N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl	70159
MDA, MDE, MDEA);	70160

(12) N-hydroxy-3,4-methylenedioxyamphetamine (also known as	70161
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine and	70162
N-hydroxy MDA);	70163

(13) 3,4,5-trimethoxy amphetamine;

70164

(14) Bufotenine (some trade or other names:	70165
3-(beta-dimethylaminoethyl)-5-hydroxyindole;	70166
3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin;	70167
5-hydroxy-N, N-dimethyltryptamine; mappine);	70168

(15) Diethyltryptamine (some trade or other names: N,	70169
N-diethyltryptamine; DET);	70170

(16) Dimethyltryptamine (some trade or other names: DMT);

70171

(17) Ibogaine (some trade or other names:	70172
7-ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-	70173
5H-pyrido[1',2':1,2] azepino [5, 4-b] indole; tabernanthe iboga);	70174

(18) Lysergic acid diethylamide;

70175

(19) Marihuana;

70176

(20) Mescaline;

70177

(21) Parahexyl (some trade or other names: 3-hexyl-1-	70178
hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran;	70179
synhexyl);	70180

(22) Peyote (meaning all parts of the plant presently	70181
classified botanically as "Lophophora williamsii Lemaire," whether	70182
growing or not, the seeds of that plant, any extract from any part	70183
of that plant, and every compound, manufacture, salts, derivative,	70184
mixture, or preparation of that plant, its seeds, or its	70185
extracts);	70186

(23) N-ethyl-3-piperidyl benzilate;

70187

(24) N-methyl-3-piperidyl benzilate;

70188

(25) Psilocybin;

70189

(26) Psilocyn;

70190

(27) Tetrahydrocannabinols (synthetic equivalents of the	70191
substances contained in the plant, or in the resinous extractives	70192
of Cannabis, sp. and/or synthetic substances, derivatives, and	70193
their isomers with similar chemical structure and pharmacological	70194
activity such as the following: delta-1-cis or trans	70195
tetrahydrocannabinol, and their optical isomers; delta-6-cis or	70196
trans tetrahydrocannabinol, and their optical isomers;	70197
delta-3,4-cis or trans tetrahydrocannabinol, and its optical	70198
isomers. (Since nomenclature of these substances is not	70199
internationally standardized, compounds of these structures,	70200
regardless of numerical designation of atomic positions, are	70201
covered.));	70202

(28) Ethylamine analog of phencyclidine (some trade or other	70203
names: N-ethyl-1-phenylcyclohexylamine;	70204
(1-phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine;	70205
cyclohexamine; PCE);	70206

(29) Pyrrolidine analog of phencyclidine (some trade or other	70207
names: 1-(1-phenylcyclohexyl)pyrrolidine; PCPy; PHP);	70208

(30) Thiophene analog of phencyclidine (some trade or other	70209
names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine; 2-thienyl analog	70210
of phencyclidine; TPCP; TCP);	70211

(31) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine;

70212

(32) Hashish;

70213

(33) Salvia divinorum;

70214

(34) Salvinorin A.

70215

(D) Depressants

70216

Any material, compound, mixture, or preparation that contains	70217
any quantity of the following substances having a depressant	70218
effect on the central nervous system, including their salts,	70219
isomers, and salts of isomers, unless specifically excepted under	70220
federal drug abuse control laws, whenever the existence of these	70221
salts, isomers, and salts of isomers is possible within the	70222
specific chemical designation:	70223

(1) Mecloqualone;

70224

(2) Methaqualone.

70225

(E) Stimulants

70226

Unless specifically excepted or unless listed in another	70227
schedule, any material, compound, mixture, or preparation that	70228
contains any quantity of the following substances having a	70229
stimulant effect on the central nervous system, including their	70230
salts, isomers, and salts of isomers:	70231

(1) Aminorex (some other names: aminoxaphen;	70232
2-amino-5-phenyl-2-oxazoline; or	70233
4,5-dihydro-5-phenyl-2-oxazolamine);	70234

(2) Cathinone (some trade or other names:	70235
2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,	70236
2-aminopropiophenone, and norephedrone);	70237

(3) Fenethylline;

70238

(4) Methcathinone (some other names:	70239
2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone;	70240
2-methylamino)-1-phenylpropan-1-one;	70241
alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone;	70242
N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and	70243
UR1432, its salts, optical isomers, and salts of optical isomers;	70244

(5) (+/-)cis-4-methylaminorex	70245
((+/-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);	70246

(6) N-ethylamphetamine;

70247

(7) N,N-dimethylamphetamine (also known as	70248
N,N-alpha-trimethyl-benzeneethanamine;	70249
N,N-alpha-trimethylphenethylamine).	70250

SCHEDULE II	70251

(A) Narcotics-opium and opium derivatives

70252

Unless specifically excepted under federal drug abuse control	70253
laws or unless listed in another schedule, any of the following	70254
substances whether produced directly or indirectly by extraction	70255
from substances of vegetable origin, independently by means of	70256
chemical synthesis, or by a combination of extraction and chemical	70257
synthesis:	70258

(1) Opium and opiate, and any salt, compound, derivative, or	70259
preparation of opium or opiate, excluding apomorphine,	70260
thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene,	70261
naloxone, and naltrexone, and their respective salts, but	70262
including the following:	70263

(a) Raw opium;

70264

(b) Opium extracts;

70265

70266

(d) Powdered opium;

70267

(e) Granulated opium;

70268

(f) Tincture of opium;

70269

(g) Codeine;

70270

(h) Ethylmorphine;

70271

(i) Etorphine hydrochloride;

70272

(j) Hydrocodone;

70273

(k) Hydromorphone;

70274

(l) Metopon;

70275

(m) Morphine;

70276

(n) Oxycodone;

70277

(o) Oxymorphone;

70278

(p) Thebaine.

70279

(2) Any salt, compound, derivative, or preparation thereof	70280
that is chemically equivalent to or identical with any of the	70281
substances referred to in division (A)(1) of this schedule, except	70282
that these substances shall not include the isoquinoline alkaloids	70283
of opium;	70284

(3) Opium poppy and poppy straw;

70285

(4) Coca leaves and any salt, compound, derivative, or	70286
preparation of coca leaves (including cocaine and ecgonine, their	70287
salts, isomers, and derivatives, and salts of those isomers and	70288
derivatives), and any salt, compound, derivative, or preparation	70289
thereof that is chemically equivalent to or identical with any of	70290
these substances, except that the substances shall not include	70291
decocainized coca leaves or extraction of coca leaves, which	70292
extractions do not contain cocaine or ecgonine;	70293

(5) Concentrate of poppy straw (the crude extract of poppy	70294
straw in either liquid, solid, or powder form that contains the	70295
phenanthrene alkaloids of the opium poppy).	70296

(B) Narcotics-opiates

70297

Unless specifically excepted under federal drug abuse control	70298
laws or unless listed in another schedule, any of the following	70299
opiates, including their isomers, esters, ethers, salts, and salts	70300
of isomers, esters, and ethers, whenever the existence of these	70301
isomers, esters, ethers, and salts is possible within the specific	70302
chemical designation, but excluding dextrorphan and	70303
levopropoxyphene:	70304

(1) Alfentanil;

70305

(2) Alphaprodine;

70306

(3) Anileridine;

70307

(4) Bezitramide;

70308

(5) Bulk dextropropoxyphene (non-dosage forms);

70309

(6) Carfentanil;

70310

(7) Dihydrocodeine;

70311

(8) Diphenoxylate;

70312

(9) Fentanyl;

70313

(10) Isomethadone;

70314

(11) Levo-alphacetylmethadol (some other names:	70315
levo-alpha-acetylmethadol; levomethadyl acetate; LAAM);	70316

(12) Levomethorphan;

70317

(13) Levorphanol;

70318

(14) Metazocine;

70319

(15) Methadone;

70320

(16) Methadone-intermediate,	70321
4-cyano-2-dimethylamino-4,4-diphenyl butane;	70322

(17) Moramide-intermediate,	70323
2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid;	70324

(18) Pethidine (meperidine);

70325

(19) Pethidine-intermediate-A,	70326
4-cyano-1-methyl-4-phenylpiperidine;	70327

(20) Pethidine-intermediate-B,	70328
ethyl-4-phenylpiperidine-4-carboxylate;	70329

(21) Pethidine-intermediate-C,	70330
1-methyl-4-phenylpiperidine-4-carboxylic acid;	70331

(22) Phenazocine;

70332

(23) Piminodine;

70333

(24) Racemethorphan;

70334

(25) Racemorphan;

70335

(26) Remifentanil;

70336

(27) Sufentanil.

70337

70338

Unless specifically excepted under federal drug abuse control	70339
laws or unless listed in another schedule, any material, compound,	70340
mixture, or preparation that contains any quantity of the	70341
following substances having a stimulant effect on the central	70342
nervous system:	70343

(1) Amphetamine, its salts, its optical isomers, and salts of	70344
its optical isomers;	70345

(2) Methamphetamine, its salts, its isomers, and salts of its	70346
isomers;	70347

(3) Methylphenidate;

70348

(4) Phenmetrazine and its salts.

70349

(D) Depressants

70350

Unless specifically excepted under federal drug abuse control	70351
laws or unless listed in another schedule, any material, compound,	70352
mixture, or preparation that contains any quantity of the	70353
following substances having a depressant effect on the central	70354
nervous system, including their salts, isomers, and salts of	70355
isomers, whenever the existence of these salts, isomers, and salts	70356
of isomers is possible within the specific chemical designation:	70357

(1) Amobarbital;

70358

(2) Gamma-hydroxy-butyrate;

70359

(3) Glutethimide;

70360

(4) Pentobarbital;

70361

(5) Phencyclidine (some trade or other names:	70362
1-(1-phenylcyclohexyl)piperidine; PCP);	70363

(6) Secobarbital;

70364

(7) 1-aminophenylcyclohexane and all N-mono-substituted	70365
and/or all N-N-disubstituted analogs including, but not limited	70366
to, the following:	70367

(a) 1-phenylcyclohexylamine;

70368

(b) (1-phenylcyclohexyl) methylamine;

70369

70370

(d) (1-phenylcyclohexyl) methylethylamine;

70371

(e) (1-phenylcyclohexyl) isopropylamine;

70372

(f) 1-(1-phenylcyclohexyl) morpholine.

70373

(E) Hallucinogenic substances

70374

(1) Nabilone (another name for nabilone:	70375
(+)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-	70376
hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one).	70377

(F) Immediate precursors

70378

Unless specifically excepted under federal drug abuse control	70379
laws or unless listed in another schedule, any material, compound,	70380
mixture, or preparation that contains any quantity of the	70381
following substances:	70382

(1) Immediate precursor to amphetamine and methamphetamine:

70383

(a) Phenylacetone (some trade or other names:	70384
phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl	70385
ketone);	70386

(2) Immediate precursors to phencyclidine (PCP):

70387

(a) 1-phenylcyclohexylamine;

70388

(b) 1-piperidinocyclohexanecarbonitrile (PCC).

70389

SCHEDULE III	70390

(A) Stimulants

70391

Unless specifically excepted under federal drug abuse control	70392
laws or unless listed in another schedule, any material, compound,	70393
mixture, or preparation that contains any quantity of the	70394
following substances having a stimulant effect on the central	70395
nervous system, including their salts, their optical isomers,	70396
position isomers, or geometric isomers, and salts of these	70397
isomers, whenever the existence of these salts, isomers, and salts	70398
of isomers is possible within the specific chemical designation:	70399

(1) All stimulant compounds, mixtures, and preparations	70400
included in schedule III pursuant to the federal drug abuse	70401
control laws and regulations adopted under those laws;	70402

(2) Benzphetamine;

70403

(3) Chlorphentermine;

70404

(4) Clortermine;

70405

(5) Phendimetrazine.

70406

(B) Depressants

70407

Unless specifically excepted under federal drug abuse control	70408
laws or unless listed in another schedule, any material, compound,	70409
mixture, or preparation that contains any quantity of the	70410
following substances having a depressant effect on the central	70411
nervous system:	70412

(1) Any compound, mixture, or preparation containing	70413
amobarbital, secobarbital, pentobarbital, or any salt of any of	70414
these drugs, and one or more other active medicinal ingredients	70415
that are not listed in any schedule;	70416

(2) Any suppository dosage form containing amobarbital,	70417
secobarbital, pentobarbital, or any salt of any of these drugs and	70418
approved by the food and drug administration for marketing only as	70419
a suppository;	70420

(3) Any substance that contains any quantity of a derivative	70421
of barbituric acid or any salt of a derivative of barbituric acid;	70422

(4) Chlorhexadol;

70423

(5) Ketamine, its salts, isomers, and salts of isomers (some	70424
other names for ketamine:	70425
(+/-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone);	70426

(6) Lysergic acid;

70427

(7) Lysergic acid amide;

70428

(8) Methyprylon;

70429

(9) Sulfondiethylmethane;

70430

(10) Sulfonethylmethane;

70431

(11) Sulfonmethane;

70432

(12) Tiletamine, zolazepam, or any salt of tiletamine or	70433
zolazepam (some trade or other names for a tiletamine-zolazepam	70434
combination product: Telazol); (some trade or other names for	70435
tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone); (some	70436
trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-	70437
dihydro-1,3,8-trimethylpyrazolo-[3, 4-e][1,4]-diazepin-7(1H)-one;	70438
flupyrazapon).	70439

70440

(1) Nalorphine.

70441

(D) Narcotics-narcotic preparations

70442

Unless specifically excepted under federal drug abuse control	70443
laws or unless listed in another schedule, any material, compound,	70444
mixture, or preparation that contains any of the following	70445
narcotic drugs, or their salts calculated as the free anhydrous	70446
base or alkaloid, in limited quantities as set forth below:	70447

(1) Not more than 1.8 grams of codeine per 100 milliliters or	70448
not more than 90 milligrams per dosage unit, with an equal or	70449
greater quantity of an isoquinoline alkaloid of opium;	70450

(2) Not more than 1.8 grams of codeine per 100 milliliters or	70451
not more than 90 milligrams per dosage unit, with one or more	70452
active, nonnarcotic ingredients in recognized therapeutic amounts;	70453

(3) Not more than 300 milligrams of dihydrocodeinone per 100	70454
milliliters or not more than 15 milligrams per dosage unit, with a	70455
fourfold or greater quantity of an isoquinoline alkaloid of opium;	70456

(4) Not more than 300 milligrams of dihydrocodeinone per 100	70457
milliliters or not more than 15 milligrams per dosage unit, with	70458
one or more active, nonnarcotic ingredients in recognized	70459
therapeutic amounts;	70460

(5) Not more than 1.8 grams of dihydrocodeine per 100	70461
milliliters or not more than 90 milligrams per dosage unit, with	70462
one or more active, nonnarcotic ingredients in recognized	70463
therapeutic amounts;	70464

(6) Not more than 300 milligrams of ethylmorphine per 100	70465
milliliters or not more than 15 milligrams per dosage unit, with	70466
one or more active, nonnarcotic ingredients in recognized	70467
therapeutic amounts;	70468

(7) Not more than 500 milligrams of opium per 100 milliliters	70469
or per 100 grams or not more than 25 milligrams per dosage unit,	70470
with one or more active, nonnarcotic ingredients in recognized	70471
therapeutic amounts;	70472

(8) Not more than 50 milligrams of morphine per 100	70473
milliliters or per 100 grams, with one or more active, nonnarcotic	70474
ingredients in recognized therapeutic amounts.	70475

(E) Anabolic steroids

70476

Unless specifically excepted under federal drug abuse control	70477
laws or unless listed in another schedule, any material, compound,	70478
mixture, or preparation that contains any quantity of the	70479
following substances, including their salts, esters, isomers, and	70480
salts of esters and isomers, whenever the existence of these	70481
salts, esters, and isomers is possible within the specific	70482
chemical designation:	70483

(1) Anabolic steroids. Except as otherwise provided in	70484
division (E)(1) of schedule III, "anabolic steroids" means any	70485
drug or hormonal substance that is chemically and	70486
pharmacologically related to testosterone (other than estrogens,	70487
progestins, and corticosteroids) and that promotes muscle growth.	70488
"Anabolic steroids" does not include an anabolic steroid that is	70489
expressly intended for administration through implants to cattle	70490
or other nonhuman species and that has been approved by the United	70491
States secretary of health and human services for that	70492
administration, unless a person prescribes, dispenses, or	70493
distributes this type of anabolic steroid for human use. "Anabolic	70494
steroid" includes, but is not limited to, the following:	70495

(a) Boldenone;

70496

(b) Chlorotestosterone (4-chlortestosterone);

70497

70498

(d) Dehydrochlormethyltestosterone;

70499

(e) Dihydrotestosterone (4-dihydrotestosterone);

70500

(f) Drostanolone;

70501

(g) Ethylestrenol;

70502

(h) Fluoxymesterone;

70503

(i) Formebulone (formebolone);

70504

(j) Mesterolone;

70505

(k) Methandienone;

70506

(l) Methandranone;

70507

(m) Methandriol;

70508

(n) Methandrostenolone;

70509

(o) Methenolone;

70510

(p) Methyltestosterone;

70511

(q) Mibolerone;

70512

(r) Nandrolone;

70513

(s) Norethandrolone;

70514

(t) Oxandrolone;

70515

(u) Oxymesterone;

70516

(v) Oxymetholone;

70517

(w) Stanolone;

70518

(x) Stanozolol;

70519

(y) Testolactone;

70520

(z) Testosterone;

70521

(aa) Trenbolone;

70522

(bb) Any salt, ester, isomer, or salt of an ester or isomer	70523
of a drug or hormonal substance described or listed in division	70524
(E)(1) of schedule III if the salt, ester, or isomer promotes	70525
muscle growth.	70526

(F) Hallucinogenic substances

70527

(1) Dronabinol (synthetic) in sesame oil and encapsulated in	70528
a soft gelatin capsule in a United States food and drug	70529
administration approved drug product (some other names for	70530
dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-	70531
6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or	70532
(-)-delta-9-(trans)-tetrahydrocannabinol).	70533

SCHEDULE IV	70534

(A) Narcotic drugs

70535

Unless specifically excepted by federal drug abuse control	70536
laws or unless listed in another schedule, any material, compound,	70537
mixture, or preparation that contains any of the following	70538
narcotic drugs, or their salts calculated as the free anhydrous	70539
base or alkaloid, in limited quantities as set forth below:	70540

(1) Not more than one milligram of difenoxin and not less	70541
than 25 micrograms of atropine sulfate per dosage unit;	70542

(2) Dextropropoxyphene	70543
(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-	70544
propionoxybutane)[final dosage forms].	70545

(B) Depressants

70546

Unless specifically excepted under federal drug abuse control	70547
laws or unless listed in another schedule, any material, compound,	70548
mixture, or preparation that contains any quantity of the	70549
following substances, including their salts, isomers, and salts of	70550
isomers, whenever the existence of these salts, isomers, and salts	70551
of isomers is possible within the specific chemical designation:	70552

(1) Alprazolam;

70553

(2) Barbital;

70554

(3) Bromazepam;

70555

(4) Camazepam;

70556

(5) Chloral betaine;

70557

(6) Chloral hydrate;

70558

(7) Chlordiazepoxide;

70559

(8) Clobazam;

70560

(9) Clonazepam;

70561

(10) Clorazepate;

70562

(11) Clotiazepam;

70563

(12) Cloxazolam;

70564

(13) Delorazepam;

70565

(14) Diazepam;

70566

(15) Estazolam;

70567

(16) Ethchlorvynol;

70568

(17) Ethinamate;

70569

(18) Ethyl loflazepate;

70570

(19) Fludiazepam;

70571

(20) Flunitrazepam;

70572

(21) Flurazepam;

70573

(22) Halazepam;

70574

(23) Haloxazolam;

70575

(24) Ketazolam;

70576

(25) Loprazolam;

70577

(26) Lorazepam;

70578

(27) Lormetazepam;

70579

(28) Mebutamate;

70580

(29) Medazepam;

70581

(30) Meprobamate;

70582

(31) Methohexital;

70583

(32) Methylphenobarbital (mephobarbital);

70584

(33) Midazolam;

70585

(34) Nimetazepam;

70586

(35) Nitrazepam;

70587

(36) Nordiazepam;

70588

(37) Oxazepam;

70589

(38) Oxazolam;

70590

(39) Paraldehyde;

70591

(40) Petrichloral;

70592

(41) Phenobarbital;

70593

(42) Pinazepam;

70594

(43) Prazepam;

70595

(44) Quazepam;

70596

(45) Temazepam;

70597

(46) Tetrazepam;

70598

(47) Triazolam;

70599

(48) Zaleplon;

70600

(49) Zolpidem.

70601

70602

Any material, compound, mixture, or preparation that contains	70603
any quantity of the following substances, including their salts,	70604
their optical isomers, position isomers, or geometric isomers, and	70605
salts of these isomers, whenever the existence of these salts,	70606
isomers, and salts of isomers is possible within the specific	70607
chemical designation:	70608

(1) Fenfluramine.

70609

(D) Stimulants

70610

Unless specifically excepted under federal drug abuse control	70611
laws or unless listed in another schedule, any material, compound,	70612
mixture, or preparation that contains any quantity of the	70613
following substances having a stimulant effect on the central	70614
nervous system, including their salts, their optical isomers,	70615
position isomers, or geometric isomers, and salts of these	70616
isomers, whenever the existence of these salts, isomers, and salts	70617
of isomers is possible within the specific chemical designation:	70618

(1) Cathine ((+)-norpseudoephedrine);

70619

(2) Diethylpropion;

70620

(3) Fencamfamin;

70621

(4) Fenproporex;

70622

(5) Mazindol;

70623

(6) Mefenorex;

70624

(7) Modafinil;

70625

(8) Pemoline (including organometallic complexes and chelates	70626
thereof);	70627

(9) Phentermine;

70628

(10) Pipradrol;

70629

(11) Sibutramine;

70630

(12) SPA [(-)-1-dimethylamino-1,2-diphenylethane].

70631

(E) Other substances

70632

Unless specifically excepted under federal drug abuse control	70633
laws or unless listed in another schedule, any material, compound,	70634
mixture, or preparation that contains any quantity of the	70635
following substances, including their salts:	70636

(1) Pentazocine;

70637

(2) Butorphanol (including its optical isomers).

70638

SCHEDULE V	70639

(A) Narcotic drugs

70640

Unless specifically excepted under federal drug abuse control	70641
laws or unless listed in another schedule, any material, compound,	70642
mixture, or preparation that contains any of the following	70643
narcotic drugs, and their salts, as set forth below:	70644

(1) Buprenorphine.

70645

(B) Narcotics-narcotic preparations

70646

Narcotic drugs containing non-narcotic active medicinal	70647
ingredients. Any compound, mixture, or preparation that contains	70648
any of the following narcotic drugs, or their salts calculated as	70649
the free anhydrous base or alkaloid, in limited quantities as set	70650
forth below, and that includes one or more nonnarcotic active	70651
medicinal ingredients in sufficient proportion to confer upon the	70652
compound, mixture, or preparation valuable medicinal qualities	70653
other than those possessed by narcotic drugs alone:	70654

(1) Not more than 200 milligrams of codeine per 100	70655
milliliters or per 100 grams;	70656

(2) Not more than 100 milligrams of dihydrocodeine per 100	70657
milliliters or per 100 grams;	70658

(3) Not more than 100 milligrams of ethylmorphine per 100	70659
milliliters or per 100 grams;	70660

(4) Not more than 2.5 milligrams of diphenoxylate and not	70661
less than 25 micrograms of atropine sulfate per dosage unit;	70662

(5) Not more than 100 milligrams of opium per 100 milliliters	70663
or per 100 grams;	70664

(6) Not more than 0.5 milligram of difenoxin and not less	70665
than 25 micrograms of atropine sulfate per dosage unit.	70666

70667

Unless specifically exempted or excluded under federal drug	70668
abuse control laws or unless listed in another schedule, any	70669
material, compound, mixture, or preparation that contains any	70670
quantity of the following substances having a stimulant effect on	70671
the central nervous system, including their salts, isomers, and	70672
salts of isomers:	70673

(1) Ephedrine, except as provided in division (K) of section	70674
3719.44 of the Revised Code;	70675

(2) Pyrovalerone.

70676

Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and	70677
3721.99 of the Revised Code:	70678

(1)(a) "Home" means an institution, residence, or facility	70679
that provides, for a period of more than twenty-four hours,	70680
whether for a consideration or not, accommodations to three or	70681
more unrelated individuals who are dependent upon the services of	70682
others, including a nursing home, residential care facility, home	70683
for the aging, and a veterans' home operated under Chapter 5907.	70684
of the Revised Code.	70685

(b) "Home" also means both of the following:

70686

(i) Any facility that a person, as defined in section 3702.51	70687
of the Revised Code, proposes for certification as a skilled	70688
nursing facility or nursing facility under Title XVIII or XIX of	70689
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	70690
as amended, and for which a certificate of need, other than a	70691
certificate to recategorize hospital beds as described in section	70692
3702.522 of the Revised Code or division (R)(7)(d) of the version	70693
of section 3702.51 of the Revised Code in effect immediately prior	70694
to April 20, 1995, has been granted to the person under sections	70695
3702.51 to 3702.62 of the Revised Code after August 5, 1989;	70696

(ii) A county home or district home that is or has been	70697
licensed as a residential care facility.	70698

70699

(i) Except as provided in division (A)(1)(b) of this section,	70700
a public hospital or hospital as defined in section 3701.01 or	70701
5122.01 of the Revised Code;	70702

(ii) A residential facility for mentally ill persons as	70703
defined under section 5119.22 of the Revised Code;	70704

(iii) A residential facility as defined in section 5123.19 of	70705
the Revised Code;	70706

(iv) An adult care facility as defined in section ~~3722.01~~	70707
5119.70 of the Revised Code;	70708

(v) An alcohol or drug addiction program as defined in	70709
section 3793.01 of the Revised Code;	70710

(vi) A facility licensed to provide methadone treatment under	70711
section 3793.11 of the Revised Code;	70712

(vii) A facility providing services under contract with the	70713
department of developmental disabilities under section 5123.18 of	70714
the Revised Code unless section 5123.192 of the Revised Code makes	70715
the facility subject to the requirements of this chapter;	70716

(viii) A facility operated by a hospice care program licensed	70717
under section 3712.04 of the Revised Code that is used exclusively	70718
for care of hospice patients;	70719

(ix) A facility, infirmary, or other entity that is operated	70720
by a religious order, provides care exclusively to members of	70721
religious orders who take vows of celibacy and live by virtue of	70722
their vows within the orders as if related, and does not	70723
participate in the medicare program established under Title XVIII	70724
of the "Social Security Act" or the medical assistance program	70725
established under Chapter 5111. of the Revised Code and Title XIX	70726
of the "Social Security Act," if on January 1, 1994, the facility,	70727
infirmary, or entity was providing care exclusively to members of	70728
the religious order;	70729

(x) A county home or district home that has never been	70730
licensed as a residential care facility.	70731

(2) "Unrelated individual" means one who is not related to	70732
the owner or operator of a home or to the spouse of the owner or	70733
operator as a parent, grandparent, child, grandchild, brother,	70734
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	70735
uncle.	70736

(3) "Mental impairment" does not mean mental illness as	70737
defined in section 5122.01 of the Revised Code or mental	70738
retardation as defined in section 5123.01 of the Revised Code.	70739

(4) "Skilled nursing care" means procedures that require	70740
technical skills and knowledge beyond those the untrained person	70741
possesses and that are commonly employed in providing for the	70742
physical, mental, and emotional needs of the ill or otherwise	70743
incapacitated. "Skilled nursing care" includes, but is not limited	70744
to, the following:	70745

(a) Irrigations, catheterizations, application of dressings,	70746
and supervision of special diets;	70747

(b) Objective observation of changes in the patient's	70748
condition as a means of analyzing and determining the nursing care	70749
required and the need for further medical diagnosis and treatment;	70750

70751

(d) Administration of medication by any method ordered by a	70752
physician, such as hypodermically, rectally, or orally, including	70753
observation of the patient after receipt of the medication;	70754

(e) Carrying out other treatments prescribed by the physician	70755
that involve a similar level of complexity and skill in	70756
administration.	70757

(5)(a) "Personal care services" means services including, but	70758
not limited to, the following:	70759

(i) Assisting residents with activities of daily living;

70760

(ii) Assisting residents with self-administration of	70761
medication, in accordance with rules adopted under section 3721.04	70762
of the Revised Code;	70763

(iii) Preparing special diets, other than complex therapeutic	70764
diets, for residents pursuant to the instructions of a physician	70765
or a licensed dietitian, in accordance with rules adopted under	70766
section 3721.04 of the Revised Code.	70767

(b) "Personal care services" does not include "skilled	70768
nursing care" as defined in division (A)(4) of this section. A	70769
facility need not provide more than one of the services listed in	70770
division (A)(5)(a) of this section to be considered to be	70771
providing personal care services.	70772

(6) "Nursing home" means a home used for the reception and	70773
care of individuals who by reason of illness or physical or mental	70774
impairment require skilled nursing care and of individuals who	70775
require personal care services but not skilled nursing care. A	70776
nursing home is licensed to provide personal care services and	70777
skilled nursing care.	70778

(7) "Residential care facility" means a home that provides	70779
either of the following:	70780

(a) Accommodations for seventeen or more unrelated	70781
individuals and supervision and personal care services for three	70782
or more of those individuals who are dependent on the services of	70783
others by reason of age or physical or mental impairment;	70784

(b) Accommodations for three or more unrelated individuals,	70785
supervision and personal care services for at least three of those	70786
individuals who are dependent on the services of others by reason	70787
of age or physical or mental impairment, and, to at least one of	70788
those individuals, any of the skilled nursing care authorized by	70789
section 3721.011 of the Revised Code.	70790

(8) "Home for the aging" means a home that provides services	70791
as a residential care facility and a nursing home, except that the	70792
home provides its services only to individuals who are dependent	70793
on the services of others by reason of both age and physical or	70794
mental impairment.	70795

The part or unit of a home for the aging that provides	70796
services only as a residential care facility is licensed as a	70797
residential care facility. The part or unit that may provide	70798
skilled nursing care beyond the extent authorized by section	70799
3721.011 of the Revised Code is licensed as a nursing home.	70800

(9) "County home" and "district home" mean a county home or	70801
district home operated under Chapter 5155. of the Revised Code.	70802

(B) The public health council may further classify homes. For	70803
the purposes of this chapter, any residence, institution, hotel,	70804
congregate housing project, or similar facility that meets the	70805
definition of a home under this section is such a home regardless	70806
of how the facility holds itself out to the public.	70807

(C) For purposes of this chapter, personal care services or	70808
skilled nursing care shall be considered to be provided by a	70809
facility if they are provided by a person employed by or	70810
associated with the facility or by another person pursuant to an	70811
agreement to which neither the resident who receives the services	70812
nor the resident's sponsor is a party.	70813

(D) Nothing in division (A)(4) of this section shall be	70814
construed to permit skilled nursing care to be imposed on an	70815
individual who does not require skilled nursing care.	70816

Nothing in division (A)(5) of this section shall be construed	70817
to permit personal care services to be imposed on an individual	70818
who is capable of performing the activity in question without	70819
assistance.	70820

(E) Division (A)(1)(c)(ix) of this section does not prohibit	70821
a facility, infirmary, or other entity described in that division	70822
from seeking licensure under sections 3721.01 to 3721.09 of the	70823
Revised Code or certification under Title XVIII or XIX of the	70824
"Social Security Act." However, such a facility, infirmary, or	70825
entity that applies for licensure or certification must meet the	70826
requirements of those sections or titles and the rules adopted	70827
under them and obtain a certificate of need from the director of	70828
health under section 3702.52 of the Revised Code.	70829

(F) Nothing in this chapter, or rules adopted pursuant to it,	70830
shall be construed as authorizing the supervision, regulation, or	70831
control of the spiritual care or treatment of residents or	70832
patients in any home who rely upon treatment by prayer or	70833
spiritual means in accordance with the creed or tenets of any	70834
recognized church or religious denomination.	70835

Sec. 3721.011. (A) In addition to providing accommodations,	70836
supervision, and personal care services to its residents, a	70837
residential care facility may ~~provide~~do the following:	70838

(1) Provide the following skilled nursing care to its	70839
residents ~~as follows~~:	70840

~~(1)~~(a) Supervision of special diets;

70841

~~(2)~~(b) Application of dressings, in accordance with rules	70842
adopted under section 3721.04 of the Revised Code;	70843

~~(3)~~(c) Subject to division (B)(1) of this section,	70844
administration of medication;	70845

~~(4)~~.

70846

(2) Subject to division (C) of this section, provide other	70847
skilled nursing care ~~provided~~ on a part-time, intermittent basis	70848
for not more than a total of one hundred twenty days in a	70849
twelve-month period;	70850

~~(5) Subject to division (D) of this section,~~(3) Provide	70851
skilled nursing care ~~provided~~ for more than one hundred twenty	70852
days in a twelve-month period to a ~~hospice patient, as defined in~~	70853
~~section 3712.01 of the Revised Code~~resident when the requirements	70854
of division (D) of this section are met.	70855

A residential care facility may not admit or retain an	70856
individual requiring skilled nursing care that is not authorized	70857
by this section. A residential care facility may not provide	70858
skilled nursing care beyond the limits established by this	70859
section.	70860

(B)(1) A residential care facility may admit or retain an	70861
individual requiring medication, including biologicals, only if	70862
the individual's personal physician has determined in writing that	70863
the individual is capable of self-administering the medication or	70864
the facility provides for the medication to be administered to the	70865
individual by a home health agency certified under Title XVIII of	70866
the "Social Security Act," 79 Stat. 620 (1965), 42 U.S.C.A. 1395,	70867
as amended; a hospice care program licensed under Chapter 3712. of	70868
the Revised Code; or a member of the staff of the residential care	70869
facility who is qualified to perform medication administration.	70870
Medication may be administered in a residential care facility only	70871
by the following persons authorized by law to administer	70872
medication:	70873

(a) A registered nurse licensed under Chapter 4723. of the	70874
Revised Code;	70875

(b) A licensed practical nurse licensed under Chapter 4723.	70876
of the Revised Code who holds proof of successful completion of a	70877
course in medication administration approved by the board of	70878
nursing and who administers the medication only at the direction	70879
of a registered nurse or a physician authorized under Chapter	70880
4731. of the Revised Code to practice medicine and surgery or	70881
osteopathic medicine and surgery;	70882

(c) A medication aide certified under Chapter 4723. of the	70883
Revised Code;	70884

(d) A physician authorized under Chapter 4731. of the Revised	70885
Code to practice medicine and surgery or osteopathic medicine and	70886
surgery.	70887

(2) In assisting a resident with self-administration of	70888
medication, any member of the staff of a residential care facility	70889
may do the following:	70890

(a) Remind a resident when to take medication and watch to	70891
ensure that the resident follows the directions on the container;	70892

(b) Assist a resident by taking the medication from the	70893
locked area where it is stored, in accordance with rules adopted	70894
pursuant to section 3721.04 of the Revised Code, and handing it to	70895
the resident. If the resident is physically unable to open the	70896
container, a staff member may open the container for the resident.	70897

(c) Assist a physically impaired but mentally alert resident,	70898
such as a resident with arthritis, cerebral palsy, or Parkinson's	70899
disease, in removing oral or topical medication from containers	70900
and in consuming or applying the medication, upon request by or	70901
with the consent of the resident. If a resident is physically	70902
unable to place a dose of medicine to the resident's mouth without	70903
spilling it, a staff member may place the dose in a container and	70904
place the container to the mouth of the resident.	70905

(C) AExcept as provided in division (D) of this section, a	70906
residential care facility may admit or retain individuals who	70907
require skilled nursing care beyond the supervision of special	70908
diets, application of dressings, or administration of medication,	70909
only if the care will be provided on a part-time, intermittent	70910
basis for not more than a total of one hundred twenty days in any	70911
twelve-month period. In accordance with Chapter 119. of the	70912
Revised Code, the public health council shall adopt rules	70913
specifying what constitutes the need for skilled nursing care on a	70914
part-time, intermittent basis. The council shall adopt rules that	70915
are consistent with rules pertaining to home health care adopted	70916
by the director of job and family services for the ~~medical~~	70917
~~assistance~~medicaid program established under Chapter 5111. of the	70918
Revised Code. Skilled nursing care provided pursuant to this	70919
division may be provided by a home health agency certified under	70920
Title XVIII of the "Social Security Act," a hospice care program	70921
licensed under Chapter 3712. of the Revised Code, or a member of	70922
the staff of a residential care facility who is qualified to	70923
perform skilled nursing care.	70924

A residential care facility that provides skilled nursing	70925
care pursuant to this division shall do both of the following:	70926

(1) Evaluate each resident receiving the skilled nursing care	70927
at least once every seven days to determine whether the resident	70928
should be transferred to a nursing home;	70929

(2) Meet the skilled nursing care needs of each resident	70930
receiving the care.	70931

(D)(1) A residential care facility may admit or retain a	70932
~~hospice patient~~an individual who requires skilled nursing care	70933
for more than one hundred twenty days in any twelve-month period	70934
only if the facility has entered into a written agreement with	70935
each of the following:	70936

(a) The individual or individual's sponsor;

70937

(b) The individual's personal physician;

70938

(c) Unless the individual's personal physician oversees the	70939
skilled nursing care, the provider of the skilled nursing care;	70940

(d) If the individual is a hospice patient as defined in	70941
section 3712.01 of the Revised Code, a hospice care program	70942
licensed under Chapter 3712. of the Revised Code. ~~The~~	70943

(2) The agreement ~~between the residential care facility and~~	70944
~~hospice program~~required by division (D)(1) of this section shall	70945
include all of the following provisions:	70946

~~(1)~~(a) That the ~~hospice patient~~individual will be provided	70947
skilled nursing care in the facility only if a determination has	70948
been made that the ~~patient's~~individual's needs can be met at the	70949
facility;	70950

~~(2)~~(b) That the ~~hospice patient~~individual will be retained	70951
in the facility only if periodic redeterminations are made that	70952
the ~~patient's~~individual's needs are being met at the facility;	70953

~~(3)~~(c) That the redeterminations will be made according to a	70954
schedule specified in the agreement;	70955

~~(4) That the~~(d) If the individual is a hospice patient, that	70956
the individual has been given an opportunity to choose the hospice	70957
care program that best meets the ~~patient's~~individual's needs;	70958

(e) Unless the individual is a hospice patient, that the	70959
individual's personal physician has determined that the skilled	70960
nursing care the individual needs is routine.	70961

(E) Notwithstanding any other provision of this chapter, a	70962
residential care facility in which residents receive skilled	70963
nursing care pursuant to this section is not a nursing home.	70964

Sec. 3721.02. (A) The director of health shall license homes	70965
and establish procedures to be followed in inspecting and	70966
licensing homes. The director may inspect a home at any time. Each	70967
home shall be inspected by the director at least once prior to the	70968
issuance of a license and at least once every fifteen months	70969
thereafter. The state fire marshal or a township, municipal, or	70970
other legally constituted fire department approved by the marshal	70971
shall also inspect a home prior to issuance of a license, at least	70972
once every fifteen months thereafter, and at any other time	70973
requested by the director. A home does not have to be inspected	70974
prior to issuance of a license by the director, state fire	70975
marshal, or a fire department if ownership of the home is assigned	70976
or transferred to a different person and the home was licensed	70977
under this chapter immediately prior to the assignment or	70978
transfer. The director may enter at any time, for the purposes of	70979
investigation, any institution, residence, facility, or other	70980
structure that has been reported to the director or that the	70981
director has reasonable cause to believe is operating as a nursing	70982
home, residential care facility, or home for the aging without a	70983
valid license required by section 3721.05 of the Revised Code or,	70984
in the case of a county home or district home, is operating	70985
despite the revocation of its residential care facility license.	70986
The director may delegate the director's authority and duties	70987
under this chapter to any division, bureau, agency, or official of	70988
the department of health.	70989

(B) A single facility may be licensed both as a nursing home	70990
pursuant to this chapter and as an adult care facility pursuant to	70991
Chapter ~~3722.~~5119. of the Revised Code if the director determines	70992
that the part or unit to be licensed as a nursing home can be	70993
maintained separate and discrete from the part or unit to be	70994
licensed as an adult care facility.	70995

(C) In determining the number of residents in a home for the	70996
purpose of licensing, the director shall consider all the	70997
individuals for whom the home provides accommodations as one group	70998
unless one of the following is the case:	70999

(1) The home is a home for the aging, in which case all the	71000
individuals in the part or unit licensed as a nursing home shall	71001
be considered as one group, and all the individuals in the part or	71002
unit licensed as a rest home shall be considered as another group.	71003

(2) The home is both a nursing home and an adult care	71004
facility. In that case, all the individuals in the part or unit	71005
licensed as a nursing home shall be considered as one group, and	71006
all the individuals in the part or unit licensed as an adult care	71007
facility shall be considered as another group.	71008

(3) The home maintains, in addition to a nursing home or	71009
residential care facility, a separate and discrete part or unit	71010
that provides accommodations to individuals who do not require or	71011
receive skilled nursing care and do not receive personal care	71012
services from the home, in which case the individuals in the	71013
separate and discrete part or unit shall not be considered in	71014
determining the number of residents in the home if the separate	71015
and discrete part or unit is in compliance with the Ohio basic	71016
building code established by the board of building standards under	71017
Chapters 3781. and 3791. of the Revised Code and the home permits	71018
the director, on request, to inspect the separate and discrete	71019
part or unit and speak with the individuals residing there, if	71020
they consent, to determine whether the separate and discrete part	71021
or unit meets the requirements of this division.	71022

(D)(1) The director of health shall charge the following	71023
application fee and annual renewal licensing and inspection fee	71024
for each fifty persons or part thereof of a home's licensed	71025
capacity:	71026

(a) For state fiscal year 2010, two hundred twenty dollars;

71027

(b) For state fiscal year 2011, two hundred seventy dollars;

71028

(c) For each state fiscal year thereafter, three hundred	71029
twenty dollars.	71030

(2) All fees collected by the director for the issuance or	71031
renewal of licenses shall be deposited into the state treasury to	71032
the credit of the general operations fund created in section	71033
3701.83 of the Revised Code for use only in administering and	71034
enforcing this chapter and rules adopted under it.	71035

(E)(1) Except as otherwise provided in this section, the	71036
results of an inspection or investigation of a home that is	71037
conducted under this section, including any statement of	71038
deficiencies and all findings and deficiencies cited in the	71039
statement on the basis of the inspection or investigation, shall	71040
be used solely to determine the home's compliance with this	71041
chapter or another chapter of the Revised Code in any action or	71042
proceeding other than an action commenced under division (I) of	71043
section 3721.17 of the Revised Code. Those results of an	71044
inspection or investigation, that statement of deficiencies, and	71045
the findings and deficiencies cited in that statement shall not be	71046
used in any court or in any action or proceeding that is pending	71047
in any court and are not admissible in evidence in any action or	71048
proceeding unless that action or proceeding is an appeal of an	71049
action by the department of health under this chapter or is an	71050
action by any department or agency of the state to enforce this	71051
chapter or another chapter of the Revised Code.	71052

(2) Nothing in division (E)(1) of this section prohibits the	71053
results of an inspection or investigation conducted under this	71054
section from being used in a criminal investigation or	71055
prosecution.	71056

Sec. 3721.022. (A) As used in this section:

71057

(1) "Nursing facility" has the same meaning as in section	71058
5111.20 of the Revised Code.	71059

(2) "Deficiency" and "survey" have the same meanings as in	71060
section 5111.35 of the Revised Code.	71061

(B) The department of health is hereby designated the state	71062
agency responsible for establishing and maintaining health	71063
standards and serving as the state survey agency for the purposes	71064
of Titles XVIII and XIX of the "Social Security Act," 49 Stat. 620	71065
(1935), 42 U.S.C.A. 301, as amended. The department shall carry	71066
out these functions in accordance with the regulations,	71067
guidelines, and procedures issued under Titles XVIII and XIX by	71068
the United States secretary of health and human services and with	71069
sections 5111.35 to 5111.62 of the Revised Code. The director of	71070
health shall enter into agreements with regard to these functions	71071
with the department of job and family services and the United	71072
States department of health and human services. The director may	71073
also enter into agreements with the department of job and family	71074
services under which the department of health is designated to	71075
perform functions under sections 5111.35 to 5111.62 of the Revised	71076
Code.	71077

The director, in accordance with Chapter 119. of the Revised	71078
Code, shall adopt rules necessary to implement the survey and	71079
certification requirements for skilled nursing facilities and	71080
nursing facilities established by the United States secretary of	71081
health and human services under Titles XVIII and XIX of the	71082
"Social Security Act," and the survey requirements established	71083
under sections 5111.35 to 5111.62 of the Revised Code. The rules	71084
shall include an informal process by which a facility may obtain a	71085
~~review~~up to two reviews of any deficiencies that have been cited	71086
on a statement of deficiencies made by the department of health	71087
under ~~section 5111.42 of the Revised Code~~42 C.F.R. Part 488 and	71088
cause the facility to be in noncompliance as defined in 42 C.F.R.	71089
488.301. The first review shall be conducted by an employee of the	71090
department who did not participate in and was not otherwise	71091
involved in any way with the survey. ~~If the employee conducting~~	71092
~~the review determines~~A facility that is not satisfied with the	71093
results of a first review may receive a second review on payment	71094
of a fee to the department. The amount of the fee shall be	71095
specified in rules adopted under this section. The fee shall be	71096
deposited into the state treasury to the credit of the general	71097
operations fund created in section 3701.83 of the Revised Code for	71098
use in the implementation of this section. The second review shall	71099
be conducted by either of the following as selected by the	71100
facility: a hearing officer employed by the department or a	71101
hearing officer included on a list the department shall provide	71102
the facility. A final determination that any deficiency citation	71103
is unjustified~~, that determination~~ shall be reflected clearly in	71104
all records relating to the survey.	71105

The director need not adopt as rules any of the regulations,	71106
guidelines, or procedures issued under Titles XVIII and XIX of the	71107
"Social Security Act" by the United States secretary of health and	71108
human services.	71109

Sec. 3721.04. (A) The public health council shall adopt and	71110
publish rules governing the operation of homes, which shall have	71111
uniform application throughout the state, and shall prescribe	71112
standards for homes with respect to, but not limited to, the	71113
following matters:	71114

(1) The minimum space requirements for occupants and	71115
equipping of the buildings in which homes are housed so as to	71116
ensure healthful, safe, sanitary, and comfortable conditions for	71117
all residents, so long as they are not inconsistent with Chapters	71118
3781. and 3791. of the Revised Code or with any rules adopted by	71119
the board of building standards and by the state fire marshal;	71120

(2) The number and qualifications of personnel, including	71121
management and nursing staff, for each class of home, and the	71122
qualifications of nurse aides, as defined in section 3721.21 of	71123
the Revised Code, used by long-term care facilities, as defined in	71124
that section;	71125

(3) The medical, rehabilitative, and recreational services to	71126
be provided by each class of home;	71127

(4) Dietetic services, including but not limited to	71128
sanitation, nutritional adequacy, and palatability of food;	71129

(5) The personal and social services to be provided by each	71130
class of home;	71131

(6) The business and accounting practices to be followed and	71132
the type of patient and business records to be kept by such homes;	71133

(7) The operation of adult day-care programs provided by and	71134
on the same site as homes licensed under this chapter;	71135

(8) The standards and procedures to be followed by	71136
residential care facilities in admitting and retaining a resident	71137
who requires the application of dressings, including requirements	71138
for charting and evaluating on a weekly basis;	71139

(9) The requirements for conducting weekly evaluations of	71140
residents receiving skilled nursing care in residential care	71141
facilities.	71142

(B) The public health council may adopt whatever additional	71143
rules are necessary to carry out or enforce the provisions of	71144
sections 3721.01 to 3721.09 and 3721.99 of the Revised Code.	71145

(C) The following apply to the public health council when	71146
adopting rules under division (A)(1) of this section regarding the	71147
equipping of the buildings in which homes are housed:	71148

(1) The rules shall not require that each resident sleeping	71149
room, or a percentage of the resident sleeping rooms, have a	71150
bathtub or shower that is directly accessible from or exclusively	71151
for the room.	71152

(2) The rules shall require that the privacy and dignity of	71153
residents be protected when the residents are transported to and	71154
from bathing facilities, prepare for bathing, and bathe.	71155

(D) The following apply to the public health council when	71156
adopting rules under division (A)(2) of this section regarding the	71157
number and qualifications of personnel in homes:	71158

(1) When adopting rules applicable to residential care	71159
facilities, the public health council shall take into	71160
consideration the effect that the following may have on the number	71161
of personnel needed:	71162

(a) Provision of personal care services;

71163

(b) Provision of part-time, intermittent skilled nursing care	71164
pursuant to division (C) of section 3721.011 of the Revised Code;	71165

(c) Provision of skilled nursing care to ~~hospice patients~~	71166
residents pursuant to division (D) of section 3721.011 of the	71167
Revised Code.	71168

(2) When adopting rules applicable to nursing homes, the	71169
public health council shall require each nursing home to do both	71170
of the following:	71171

(a) Have sufficient direct care staff on each shift to meet	71172
the needs of the residents in an appropriate and timely manner;	71173

(b) Have the following individuals provide a minimum daily	71174
average of two and one-half hours of direct care per resident:	71175

(i) Registered nurses, including registered nurses who	71176
perform administrative and supervisory duties;	71177

(ii) Licensed practical nurses, including licensed practical	71178
nurses who perform administrative and supervisory duties;	71179

(iii) Nurse aides.

71180

(3) The rules prescribing qualifications of nurse aides used	71181
by long-term care facilities, as those terms are defined in	71182
section 3721.21 of the Revised Code, shall be no less stringent	71183
than the requirements, guidelines, and procedures established by	71184
the United States secretary of health and human services under	71185
sections 1819 and 1919 of the "Social Security Act," 49 Stat. 620	71186
(1935), 42 U.S.C.A. 301, as amended.	71187

Sec. 3721.16. For each resident of a home, notice of a	71188
proposed transfer or discharge shall be in accordance with this	71189
section.	71190

(A)(1) The administrator of a home shall notify a resident in	71191
writing, and the resident's sponsor in writing by certified mail,	71192
return receipt requested, in advance of any proposed transfer or	71193
discharge from the home. The administrator shall send a copy of	71194
the notice to the state department of health. The notice shall be	71195
provided at least thirty days in advance of the proposed transfer	71196
or discharge, unless any of the following applies:	71197

(a) The resident's health has improved sufficiently to allow	71198
a more immediate discharge or transfer to a less skilled level of	71199
care;	71200

(b) The resident has resided in the home less than thirty	71201
days;	71202

(c) An emergency arises in which the safety of individuals in	71203
the home is endangered;	71204

(d) An emergency arises in which the health of individuals in	71205
the home would otherwise be endangered;	71206

(e) An emergency arises in which the resident's urgent	71207
medical needs necessitate a more immediate transfer or discharge.	71208

In any of the circumstances described in divisions (A)(1)(a)	71209
to (e) of this section, the notice shall be provided as many days	71210
in advance of the proposed transfer or discharge as is	71211
practicable.	71212

(2) The notice required under division (A)(1) of this section	71213
shall include all of the following:	71214

(a) The reasons for the proposed transfer or discharge;

71215

(b) The proposed date the resident is to be transferred or	71216
discharged;	71217

(c) ~~The~~Subject to division (A)(3) of this section, a	71218
proposed location to which the resident ~~is to be transferred or~~	71219
~~discharged~~may relocate and a notice that the resident and	71220
resident's sponsor may choose another location to which the	71221
resident will relocate;	71222

(d) Notice of the right of the resident and the resident's	71223
sponsor to an impartial hearing at the home on the proposed	71224
transfer or discharge, and of the manner in which and the time	71225
within which the resident or sponsor may request a hearing	71226
pursuant to section 3721.161 of the Revised Code;	71227

(e) A statement that the resident will not be transferred or	71228
discharged before the date specified in the notice unless the home	71229
and the resident or, if the resident is not competent to make a	71230
decision, the home and the resident's sponsor, agree to an earlier	71231
date;	71232

(f) The address of the legal services office of the	71233
department of health;	71234

(g) The name, address, and telephone number of a	71235
representative of the state long-term care ombudsperson program	71236
and, if the resident or patient has a developmental disability or	71237
mental illness, the name, address, and telephone number of the	71238
Ohio legal rights service.	71239

(3) The proposed location to which a resident may relocate as	71240
specified pursuant to division (A)(2)(c) of this section in the	71241
proposed transfer or discharge notice shall be capable of meeting	71242
the resident's healthcare and safety needs. The proposed location	71243
for relocation need not have accepted the resident at the time the	71244
notice is issued to the resident and resident's sponsor.	71245

(B) No home shall transfer or discharge a resident before the	71246
date specified in the notice required by division (A) of this	71247
section unless the home and the resident or, if the resident is	71248
not competent to make a decision, the home and the resident's	71249
sponsor, agree to an earlier date.	71250

(C) Transfer or discharge actions shall be documented in the	71251
resident's medical record by the home if there is a medical basis	71252
for the action.	71253

(D) A resident or resident's sponsor may challenge a transfer	71254
or discharge by requesting an impartial hearing pursuant to	71255
section 3721.161 of the Revised Code, unless the transfer or	71256
discharge is required because of one of the following reasons:	71257

(1) The home's license has been revoked under this chapter;

71258

(2) The home is being closed pursuant to section 3721.08,	71259
sections 5111.35 to 5111.62, or section 5155.31 of the Revised	71260
Code;	71261

(3) The resident is a recipient of medicaid and the home's	71262
participation in the medicaid program has been involuntarily	71263
terminated or denied by the federal government;	71264

(4) The resident is a beneficiary under the medicare program	71265
and the home's certification under the medicare program has been	71266
involuntarily terminated or denied by the federal government.	71267

(E) If a resident is transferred or discharged pursuant to	71268
this section, the home from which the resident is being	71269
transferred or discharged shall provide the resident with adequate	71270
preparation prior to the transfer or discharge to ensure a safe	71271
and orderly transfer or discharge from the home, and the home or	71272
alternative setting to which the resident is to be transferred or	71273
discharged shall have accepted the resident for transfer or	71274
discharge.	71275

(F) At the time of a transfer or discharge of a resident who	71276
is a recipient of medicaid from a home to a hospital or for	71277
therapeutic leave, the home shall provide notice in writing to the	71278
resident and in writing by certified mail, return receipt	71279
requested, to the resident's sponsor, specifying the number of	71280
days, if any, during which the resident will be permitted under	71281
the medicaid program to return and resume residence in the home	71282
and specifying the medicaid program's coverage of the days during	71283
which the resident is absent from the home. An individual who is	71284
absent from a home for more than the number of days specified in	71285
the notice and continues to require the services provided by the	71286
facility shall be given priority for the first available bed in a	71287
semi-private room.	71288

Sec. 3721.50. As used in sections 3721.50 to 3721.58 of the	71289
Revised Code:	71290

(A) "Bed surrender" means the following:

71291

(1) In the case of a nursing home, the removal of a bed from	71292
a nursing home's licensed capacity in a manner that reduces the	71293
total licensed capacity of all nursing homes;	71294

(2) In the case of a hospital, the removal of a hospital bed	71295
from registration under section 3701.07 of the Revised Code as a	71296
skilled nursing facility bed or long-term care bed in a manner	71297
that reduces the total number of hospital beds registered under	71298
that section as skilled nursing facility beds or long-term care	71299
beds.	71300

(B) "Change of operator" means an entering operator becoming	71301
the operator of a nursing home or hospital in the place of the	71302
exiting operator.	71303

(1) Actions that constitute a change of operator include the	71304
following:	71305

(a) A change in an exiting operator's form of legal	71306
organization, including the formation of a partnership or	71307
corporation from a sole proprietorship;	71308

(b) A transfer of all the exiting operator's ownership	71309
interest in the operation of the nursing home or hospital to the	71310
entering operator, regardless of whether ownership of any or all	71311
of the real property or personal property associated with the	71312
nursing home or hospital is also transferred;	71313

(c) A lease of the nursing home or hospital to the entering	71314
operator or the exiting operator's termination of the exiting	71315
operator's lease;	71316

(d) If the exiting operator is a partnership, dissolution of	71317
the partnership;	71318

(e) If the exiting operator is a partnership, a change in	71319
composition of the partnership unless both of the following apply:	71320

(i) The change in composition does not cause the	71321
partnership's dissolution under state law.	71322

(ii) The partners agree that the change in composition does	71323
not constitute a change in operator.	71324

(f) If the operator is a corporation, dissolution of the	71325
corporation, a merger of the corporation into another corporation	71326
that is the survivor of the merger, or a consolidation of one or	71327
more other corporations to form a new corporation.	71328

(2) The following, alone, do not constitute a change of	71329
operator:	71330

(a) A contract for an entity to manage a nursing home or	71331
hospital as the operator's agent, subject to the operator's	71332
approval of daily operating and management decisions;	71333

(b) A change of ownership, lease, or termination of a lease	71334
of real property or personal property associated with a nursing	71335
home or hospital if an entering operator does not become the	71336
operator in place of an exiting operator;	71337

(c) If the operator is a corporation, a change of one or more	71338
members of the corporation's governing body or transfer of	71339
ownership of one or more shares of the corporation's stock, if the	71340
same corporation continues to be the operator.	71341

(C) "Effective date of a change of operator" means the day an	71342
entering operator becomes the operator of a nursing home or	71343
hospital.	71344

(D) "Entering operator" means the person or government entity	71345
that will become the operator of a nursing home or hospital on the	71346
effective date of a change of operator.	71347

(E) "Exiting operator" means an operator that will cease to	71348
be the operator of a nursing home or hospital on the effective	71349
date of a change of operator.	71350

(F) "Franchise permit fee rate" means the ~~amount determined~~	71351
~~as follows~~following:	71352

(1) ~~Determine the difference between the following:~~

71353

~~(a) The total net patient revenue, less medicaid per diem~~	71354
~~payments, of all nursing homes and hospital long-term care units~~	71355
~~as shown on cost reports filed under section 5111.26 of the~~	71356
~~Revised Code for the calendar year immediately preceding the~~	71357
~~fiscal year for which the franchise permit fee is assessed under~~	71358
~~section 3721.51 of the Revised Code~~For fiscal year 2012, eleven	71359
dollars and forty-seven cents;	71360

~~(b) The total net patient revenue, less medicaid per diem~~	71361
~~payments, of all nursing homes and hospital long-term care units~~	71362
~~as shown on cost reports filed under section 5111.26 of the~~	71363
~~Revised Code for the calendar year immediately preceding the~~	71364
~~calendar year that immediately precedes the fiscal year for which~~	71365
~~the franchise permit fee is assessed under section 3721.51 of the~~	71366
~~Revised Code.~~	71367

(2) ~~Multiply the amount determined under division (A)(1) of~~	71368
~~this section by five and five-tenths per cent;~~	71369

~~(3) Divide the amount determined under division (A)(2) of~~	71370
~~this section by the total number of days in the fiscal year for~~	71371
~~which the franchise permit fee is assessed under section 3721.51~~	71372
~~of the Revised Code;~~	71373

~~(4) Subtract eleven dollars and ninety-five cents from the~~	71374
~~amount determined under division (A)(3) of this section;~~	71375

~~(5) Add eleven dollars and ninety-five cents to the amount~~	71376
~~determined under division (A)(4) of this section~~For fiscal year	71377
2013 and each fiscal year thereafter, eleven dollars and	71378
sixty-seven cents.	71379

~~(B)~~(G) "Hospital" has the same meaning as in section 3727.01	71380
of the Revised Code.	71381

~~(C)~~(H) "Hospital long-term care unit" means any distinct part	71382
of a hospital in which any of the following beds are located:	71383

(1) Beds registered pursuant to section 3701.07 of the	71384
Revised Code as skilled nursing facility beds or long-term care	71385
beds;	71386

(2) Beds licensed as nursing home beds under section 3721.02	71387
or 3721.09 of the Revised Code.	71388

~~(D)~~(I) "Indirect guarantee percentage" means the percentage	71389
specified in section 1903(w)(4)(C)(ii) of the "Social Security	71390
Act," 120 Stat. 2994 (2006), 42 U.S.C. 1396b(w)(4)(C)(ii) that is	71391
to be used in determining whether a class of providers is	71392
indirectly held harmless for any portion of the costs of a	71393
broad-based health-care-related tax. If the indirect guarantee	71394
percentage changes during a fiscal year, the indirect guarantee	71395
percentage is the following:	71396

(1) For the part of the fiscal year before the change takes	71397
effect, the percentage in effect before the change;	71398

(2) For the part of the fiscal year beginning with the date	71399
the indirect guarantee percentage changes, the new percentage.	71400

(J) "Inpatient days" means all days during which a resident	71401
of a nursing facility, regardless of payment source, occupies a	71402
bed in the nursing facility that is included in the facility's	71403
certified capacity under Title XIX. Therapeutic or hospital leave	71404
days for which payment is made under section 5111.26 of the	71405
Revised Code are considered inpatient days proportionate to the	71406
percentage of the facility's per resident per day rate paid for	71407
those days.	71408

~~(E)~~(K) "Medicaid" has the same meaning as in section 5111.01	71409
of the Revised Code.	71410

~~(F)~~(L) "Medicaid day" means all days during which a resident	71411
who is a medicaid recipient occupies a bed in a nursing facility	71412
that is included in the facility's certified capacity under Title	71413
XIX. Therapeutic or hospital leave days for which payment is made	71414
under section 5111.26 of the Revised Code are considered medicaid	71415
days proportionate to the percentage of the nursing facility's per	71416
resident per day rate for those days.	71417

~~(G)~~(M) "Medicare" means the program established by Title	71418
XVIII.	71419

~~(H)~~(N) "Nursing facility" has the same meaning as in section	71420
5111.20 of the Revised Code.	71421

~~(I)~~(O)(1) "Nursing home" means all of the following:

71422

(a) A nursing home licensed under section 3721.02 or 3721.09	71423
of the Revised Code, including any part of a home for the aging	71424
licensed as a nursing home;	71425

(b) A facility or part of a facility, other than a hospital,	71426
that is certified as a skilled nursing facility under Title XVIII;	71427

(c) A nursing facility, other than a portion of a hospital	71428
certified as a nursing facility.	71429

(2) "Nursing home" does not include any of the following:

71430

(a) A county home, county nursing home, or district home	71431
operated pursuant to Chapter 5155. of the Revised Code;	71432

(b) A nursing home maintained and operated by the department	71433
of veterans services under section 5907.01 of the Revised Code;	71434

(c) A nursing home or part of a nursing home licensed under	71435
section 3721.02 or 3721.09 of the Revised Code that is certified	71436
as an intermediate care facility for the mentally retarded under	71437
Title XIX.	71438

~~(J)~~(P) "Operator" means the person or government entity	71439
responsible for the daily operating and management decisions for a	71440
nursing home or hospital.	71441

(Q) "Title XIX" means Title XIX of the "Social Security Act,"	71442
79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	71443

~~(K)~~(R) "Title XVIII" means Title XVIII of the "Social	71444
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	71445

Sec. 3721.51. The department of job and family services	71446
shall do all of the following:	71447

(A) Subject to sections 3721.512 ~~and~~, 3721.513, and 3721.531	71448
of the Revised Code and divisions (C) and (D) of this section and	71449
for the purposes specified in ~~sections~~section 3721.56 ~~and~~	71450
~~3721.561~~ of the Revised Code, determine an annual franchise permit	71451
fee on each nursing home in an amount equal to the franchise	71452
permit fee rate multiplied by the product of the following:	71453

(1) The number of beds licensed as nursing home beds, plus	71454
any other beds certified as skilled nursing facility beds under	71455
Title XVIII or nursing facility beds under Title XIX on the first	71456
day of May of the calendar year in which the fee is determined	71457
pursuant to division (A) of section 3721.53 of the Revised Code;	71458

(2) The number of days in the fiscal year beginning on the	71459
first day of July of the calendar year in which the fee is	71460
determined pursuant to division (A) of section 3721.53 of the	71461
Revised Code.	71462

(B) Subject to sections 3721.512 ~~and~~, 3721.513, and 3721.531	71463
of the Revised Code and divisions (C) and (D) of this section and	71464
for the purposes specified in ~~sections~~section 3721.56 ~~and~~	71465
~~3721.561~~ of the Revised Code, determine an annual franchise permit	71466
fee on each hospital in an amount equal to the franchise permit	71467
fee rate multiplied by the product of the following:	71468

(1) The number of beds registered pursuant to section 3701.07	71469
of the Revised Code as skilled nursing facility beds or long-term	71470
care beds, plus any other beds licensed as nursing home beds under	71471
section 3721.02 or 3721.09 of the Revised Code, on the first day	71472
of May of the calendar year in which the fee is determined	71473
pursuant to division (A) of section 3721.53 of the Revised Code;	71474

(2) The number of days in the fiscal year beginning on the	71475
first day of July of the calendar year in which the fee is	71476
determined pursuant to division (A) of section 3721.53 of the	71477
Revised Code.	71478

(C) If the total amount of the franchise permit fee assessed	71479
under divisions (A) and (B) of this section for a fiscal year	71480
exceeds ~~five and one-half per cent~~the indirect guarantee	71481
percentage of the actual net patient revenue for all nursing homes	71482
and hospital long-term care units for that fiscal year, do both of	71483
the following:	71484

(1) Recalculate the assessments under divisions (A) and (B)	71485
of this section using a per bed per day rate equal to ~~five and~~	71486
~~one-half per cent~~the indirect guarantee percentage of actual net	71487
patient revenue for all nursing homes and hospital long-term care	71488
units for that fiscal year;	71489

(2) Refund the difference between the amount of the franchise	71490
permit fee assessed for that fiscal year under divisions (A) and	71491
(B) of this section and the amount recalculated under division	71492
(C)(1) of this section as a credit against the assessments imposed	71493
under divisions (A) and (B) of this section for the subsequent	71494
fiscal year.	71495

(D) If the United States centers for medicare and medicaid	71496
services determines that the franchise permit fee established by	71497
sections 3721.50 to 3721.58 of the Revised Code is an	71498
impermissible health care-related tax under section 1903(w) of the	71499
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	71500
amended, take all necessary actions to cease implementation of	71501
sections 3721.50 to 3721.58 of the Revised Code in accordance with	71502
rules adopted under section 3721.58 of the Revised Code.	71503

Sec. 3721.511. (A) Not later than four months after ~~the~~	71504
~~effective date of this section~~July 17, 2009, the department of	71505
job and family services shall apply to the United States secretary	71506
of health and human services for a waiver under 42 U.S.C.	71507
1396b(w)(3)(E) as necessary to do both of the following regarding	71508
the franchise permit fee ~~imposed by~~assessed under section 3721.51	71509
of the Revised Code:	71510

(1) Reduce the franchise permit fee rate to zero dollars for	71511
each nursing home licensed under section 3721.02 or 3721.09 of the	71512
Revised Code to which either of the following applies:	71513

(a) The nursing home:

71514

(i) Is exempt from state taxation under section 140.08 of the	71515
Revised Code or is exempt from state taxation as a home for the	71516
aged as defined in section 5701.13 of the Revised Code;	71517

(ii) Is exempt from federal income taxation under section 501	71518
of the Internal Revenue Code of 1986;	71519

(iii) Does not participate in medicaid or medicare; and

71520

(iv) Provides services for the life of each resident without	71521
regard to the resident's ability to secure payment for the	71522
services.	71523

(b) The nursing home:

71524

(i) Has had a written affiliation agreement with a university	71525
in this state for education and research related to Alzheimer's	71526
disease for each of the twenty years preceding ~~the effective date~~	71527
~~of this section~~July 17, 2009, and has such an agreement on ~~the~~	71528
~~effective date of this section~~July 17, 2009;	71529

(ii) Was constructed pursuant to a certificate of need	71530
granted under Section 3 of Am. Sub. S.B. 256 of the 116th ~~General~~	71531
~~Assembly~~general assembly; and	71532

(iii) Does not participate in medicaid or medicare.

71533

(2) For each nursing facility with more than two hundred beds	71534
certified as nursing facility beds under Title XIX, reduce the	71535
franchise permit fee rate for a number of the nursing facility's	71536
beds specified by the department to the amount necessary to obtain	71537
approval of the waiver sought under this section.	71538

(B) The effective date of the waiver sought under this	71539
section shall be the first day of the ~~calendar~~ quarter beginning	71540
after the United States secretary approves the waiver.	71541

Sec. 3721.512. If the United States secretary of health and	71542
human services approves the waiver sought under section 3721.511	71543
of the Revised Code, the department of job and family services	71544
shall, for each nursing home and hospital that qualifies for a	71545
reduction of its franchise permit fee rate under the waiver,	71546
reduce the franchise permit fee rate in accordance with the terms	71547
of the waiver. For purposes of the first fiscal year during which	71548
the waiver takes effect, the department shall determine the amount	71549
of the reduction not later than the effective date of the waiver	71550
and shall mail to each nursing home and hospital qualifying for	71551
the reduction notice of the reduction not later than the last day	71552
of the first month of the ~~calendar~~ quarter that begins after the	71553
United States secretary approves the waiver. For purposes of	71554
subsequent fiscal years, the department shall make such	71555
determinations and mail such notices in accordance with section	71556
3721.53 of the Revised Code.	71557

Sec. 3721.513. (A) If the United States secretary of health	71558
and human services approves the waiver sought under section	71559
3721.511 of the Revised Code, the department of job and family	71560
services may do both of the following regarding the franchise	71561
permit fee ~~imposed by~~assessed under section 3721.51 of the	71562
Revised Code:	71563

(1) Determine how much money the franchise permit fee would	71564
have raised in a fiscal year if not for the waiver;	71565

(2) For each nursing home and hospital subject to the	71566
franchise permit fee, other than a nursing home or hospital that	71567
has its franchise permit fee rate reduced under section 3721.512	71568
of the Revised Code, uniformly increase the amount of the	71569
franchise permit fee rate for a fiscal year to an amount that will	71570
have the franchise permit fee raise an amount of money that does	71571
not exceed the amount determined under division (A)(1) of this	71572
section for that fiscal year.	71573

(B) If the department increases the franchise permit fee rate	71574
in accordance with division (A) of this section for the first	71575
fiscal year during which the waiver takes effect, the department	71576
shall determine the amount of the increase not later than the	71577
effective date of the waiver and shall mail to each nursing home	71578
and hospital subject to the increase notice of the increase not	71579
later than the last day of the first month of the ~~calendar~~ quarter	71580
that begins after the United States secretary approves the waiver.	71581
If the department increases the franchise permit fee rate in	71582
accordance with division (A) of this section for a subsequent	71583
fiscal year, the department shall make such determinations and	71584
mail such notices in accordance with section 3721.53 of the	71585
Revised Code.	71586

Sec. 3721.52. The department of health shall do all of the	71587
following:	71588

(A) For the purpose of the ~~fee~~determinations made under	71589
~~division~~divisions (A) and (B) of section 3721.51 of the Revised	71590
Code~~, the department of health shall,~~and not later than the first	71591
day of each June, report to the department of job and family	71592
services the following:	71593

(1) For each nursing home, the number of beds in ~~each~~the	71594
nursing home licensed on the preceding first day of May under	71595
section 3721.02 or 3721.09 of the Revised Code or certified on	71596
that date under Title XVIII or XIX.	71597

~~(B) For the purpose of the fee under division (B) of section~~	71598
~~3721.51 of the Revised Code, the department of health shall, not~~	71599
~~later than the first day of each June, report to the department of~~	71600
~~job and family services~~;	71601

(2) For each hospital, the number of beds in ~~each~~the	71602
hospital registered on the preceding first day of May pursuant to	71603
section 3701.07 of the Revised Code as skilled nursing facility or	71604
long-term care beds or licensed on that date under section 3721.02	71605
or 3721.09 of the Revised Code as nursing home beds.	71606

(B) For the purpose of the redetermination under section	71607
3721.531 of the Revised Code and not later than the fifteenth day	71608
of each January, report to the department of job and family	71609
services, for each nursing home and hospital, the number of beds	71610
for which a bed surrender occurred during the period beginning on	71611
the first day of May of the preceding calendar year and ending on	71612
the first day of January of the calendar year in which the	71613
redetermination is made.	71614

Sec. 3721.53. (A) Not later than the fifteenth day of	71615
September of each year, the department of job and family services	71616
shall determine the annual franchise permit fee for each nursing	71617
home and hospital in accordance with section 3721.51 of the	71618
Revised Code and any adjustments made in accordance with sections	71619
3721.512 and 3721.513 of the Revised Code.	71620

(B) Not later than the first day of October of each year, the	71621
department shall mail to each nursing home and hospital notice of	71622
the amount of the franchise permit fee that has been determined	71623
for the nursing home or hospital.	71624

(C) ~~Each~~Subject to section 3721.531 of the Revised Code,	71625
each nursing home and hospital shall pay its fee under section	71626
3721.51 of the Revised Code, as adjusted in accordance with	71627
sections 3721.512 and 3721.513 of the Revised Code, to the	71628
department in four installment payments not later than forty-five	71629
days after the last day of each October, December, March, and	71630
June.	71631

~~(D) No nursing home or hospital shall directly bill its~~	71632
~~residents for the fee paid under this section, or otherwise~~	71633
~~directly pass the fee through to its residents.~~	71634

Sec. 3721.531. (A) Not later than the last day of February of	71635
each year, the department of job and family services shall	71636
redetermine each nursing home's and hospital's franchise permit	71637
fee if one or more bed surrenders occur during the period	71638
beginning on the first day of May of the preceding calendar year	71639
and ending on the first day of January of the calendar year in	71640
which the redetermination is made.	71641

(B) In redetermining nursing homes' and hospitals' franchise	71642
permit fees under this section, the department shall do both of	71643
the following:	71644

(1) Provide for the redetermination to be conducted in a	71645
manner consistent with the terms of the waiver sought under	71646
section 3721.511 of the Revised Code;	71647

(2) Recalculate each nursing home's and hospital's franchise	71648
permit fee in accordance with division (A) or (B) of section	71649
3721.51 of the Revised Code with the following changes:	71650

(a) In the case of a nursing home or hospital for which one	71651
or more bed surrenders occurred during the period beginning on the	71652
first day of May of the preceding calendar year and ending on the	71653
first day of January of the calendar year in which the	71654
redetermination is made, the number of beds included in the	71655
calculation for the purpose of division (A)(1) or (B)(1) of	71656
section 3721.51 of the Revised Code shall exclude the beds for	71657
which bed surrenders occurred during that period.	71658

(b) The number of days used in the calculation under division	71659
(A)(2) or (B)(2) of section 3721.51 of the Revised Code shall be	71660
the number of days in the first half of the calendar year in which	71661
the redetermination is made.	71662

(c) The franchise permit fee rate shall reflect adjustments	71663
made under sections 3721.512 and 3721.513 of the Revised Code.	71664

(C) Not later than the first day of March of each year, the	71665
department shall mail to each nursing home and hospital notice of	71666
the amount of its redetermined franchise permit fee.	71667

(D) Each nursing home and hospital shall pay its redetermined	71668
fee to the department in two installment payments not later than	71669
forty-five days after the last day of March and June of the	71670
calendar year in which the redetermination is made.	71671

Sec. 3721.532. If a nursing home or hospital undergoes a	71672
change of operator during a fiscal year, the responsibility for	71673
paying the franchise permit fee that was determined for the	71674
nursing home or hospital under section 3721.53 of the Revised	71675
Code, or redetermined for the nursing home or hospital under	71676
section 3721.531 of the Revised Code, for that fiscal year shall	71677
be divided proportionally. The exiting operator shall be	71678
responsible for paying the amount of the fee that is for the part	71679
of the fiscal year that ends on the day before the effective date	71680
of the change of operator. The entering operator shall be	71681
responsible for paying the amount of the fee that is for the part	71682
of the fiscal year that begins on the effective date of the change	71683
of operator. The department of job and family services is not	71684
required to mail a notice to the entering operator regarding the	71685
amount of that fiscal year's fee for which the entering operator	71686
is responsible.	71687

Sec. 3721.533. No nursing home or hospital shall directly	71688
bill its residents for the franchise permit fee paid under section	71689
3721.53 or 3721.531 of the Revised Code or otherwise directly pass	71690
the fee through to its residents.	71691

Sec. 3721.55. (A) A nursing home or hospital may appeal the	71692
fee ~~imposed~~assessed under section 3721.51 of the Revised Code, as	71693
adjusted under section 3721.512 or 3721.513 of the Revised Code,	71694
and redetermined under section 3721.531 of the Revised Code solely	71695
on the grounds that the department of job and family services	71696
committed a material error in determining or redetermining the	71697
amount of the fee. A request for an appeal must be received by the	71698
department not later than fifteen days after the date the	71699
department mails the notice of the fee and must include written	71700
materials setting forth the basis for the appeal.	71701

(B) If a nursing home or hospital submits a request for an	71702
appeal within the time required under division (A) of this	71703
section, the department of job and family services shall hold a	71704
public hearing in Columbus not later than thirty days after the	71705
date the department receives the request for an appeal. The	71706
department shall, not later than ten days before the date of the	71707
hearing, mail a notice of the date, time, and place of the hearing	71708
to the nursing home or hospital. The department may hear all the	71709
requested appeals in one public hearing.	71710

(C) On the basis of the evidence presented at the hearing or	71711
any other evidence submitted by the nursing home or hospital, the	71712
department may adjust a fee. The department's decision is final.	71713

~~Sec. 3721.561.~~ Sec. 3721.56. (A) There is hereby created in the	71714
state treasury the nursing ~~facility stabilization~~home franchise	71715
permit fee fund. All payments and penalties paid by nursing homes	71716
and hospitals under sections 3721.53, 3721.531, and 3721.54 of the	71717
Revised Code ~~that are not deposited into the home and~~	71718
~~community-based services for the aged fund~~ shall be deposited into	71719
the fund. The fund shall also consist of money deposited into it	71720
pursuant to sections 3769.08 and 3769.26 of the Revised Code.	71721
Subject to division (B) of section 3769.08 of the Revised Code,	71722
the department of job and family services shall use the money in	71723
the fund to make medicaid payments to providers of nursing	71724
~~facilities~~facility services and providers of home and	71725
community-based services. Money in the fund may also be used for	71726
the residential state supplement program established under section	71727
5119.69 of the Revised Code.	71728

(B) Any money remaining in the nursing ~~facility stabilization~~	71729
home franchise permit fee fund after payments specified in	71730
division (A) of this section are made shall be retained in the	71731
fund. Any interest or other investment proceeds earned on money in	71732
the fund shall be credited to the fund and used to make medicaid	71733
payments in accordance with division (A) of this section.	71734

Sec. 3721.58. The director of job and family services shall	71735
adopt rules in accordance with Chapter 119. of the Revised Code to	71736
do ~~all~~both of the following:	71737

(A) Prescribe the actions the department of job and family	71738
services will take to cease implementation of sections 3721.50	71739
through 3721.57 of the Revised Code if the United States centers	71740
for medicare and medicaid services determines that the franchise	71741
permit fee established by those sections is an impermissible	71742
health-care related tax under section 1903(w) of the "Social	71743
Security Act," 49105 Stat. ~~620~~1793 (~~1935~~1991), 42 U.S.C.	71744
1396b(w), as amended;	71745

(B) ~~Establish the method of distributing moneys in the home~~	71746
~~and community-based services for the aged fund created under~~	71747
~~section 3721.56 of the Revised Code;~~	71748

~~(C)~~ Establish any requirements or procedures the director	71749
considers necessary to implement sections 3721.50 to 3721.58 of	71750
the Revised Code.	71751

Sec. 3733.41. As used in sections 3733.41 to 3733.49 of the	71752
Revised Code:	71753

(A) "Agricultural labor camp" means one or more buildings or	71754
structures, trailers, tents, or vehicles, together with any land	71755
appertaining thereto, established, operated, or used as temporary	71756
living quarters for two or more families or five or more persons	71757
intending to engage in or engaged in agriculture or related food	71758
processing, whether occupancy is by rent, lease, or mutual	71759
agreement. "Agricultural labor camp" does not include a hotel or	71760
motel, or a ~~trailer~~manufactured home park ~~as defined and~~	71761
regulated pursuant to ~~sections~~section 3733.01 ~~to 3733.08~~ of the	71762
Revised Code, and rules adopted thereunder.	71763

(B) "Board of health" means the board of health of a city or	71764
general health district or the authority having the duties of a	71765
board of health in any city as authorized by section 3709.05 of	71766
the Revised Code or an authorized representative of the board of	71767
health.	71768

(C) "Director" means the director of the department of health	71769
or ~~his~~the authorized representative of the director of health.	71770

(D) "Licensor" means the director of health.

71771

(E) "Person" means the state, any political subdivision,	71772
public or private corporation, partnership, association, trust,	71773
individual, or other entity.	71774

(F) "Public health council" means the public health council	71775
as created by section 3701.33 of the Revised Code.	71776

Sec. 3733.99. ~~(A) Whoever violates division (A) of section~~	71777
~~3733.08 of the Revised Code is guilty of a misdemeanor of the~~	71778
~~fourth degree.~~	71779

~~(B) Whoever violates section 3733.30 of the Revised Code is~~	71780
~~guilty of a minor misdemeanor. Each day that such violation~~	71781
~~continues is a separate offense.~~	71782

~~(C)~~ Whoever violates section 3733.48 of the Revised Code is	71783
guilty of a minor misdemeanor.	71784

Sec. 3734.02. (A) The director of environmental protection,	71785
in accordance with Chapter 119. of the Revised Code, shall adopt	71786
and may amend, suspend, or rescind rules having uniform	71787
application throughout the state governing solid waste facilities	71788
and the inspections of and issuance of permits and licenses for	71789
all solid waste facilities in order to ensure that the facilities	71790
will be located, maintained, and operated, and will undergo	71791
closure and post-closure care, in a sanitary manner so as not to	71792
create a nuisance, cause or contribute to water pollution, create	71793
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R.	71794
257.3-8, as amended. The rules may include, without limitation,	71795
financial assurance requirements for closure and post-closure care	71796
and corrective action and requirements for taking corrective	71797
action in the event of the surface or subsurface discharge or	71798
migration of explosive gases or leachate from a solid waste	71799
facility, or of ground water contamination resulting from the	71800
transfer or disposal of solid wastes at a facility, beyond the	71801
boundaries of any area within a facility that is operating or is	71802
undergoing closure or post-closure care where solid wastes were	71803
disposed of or are being disposed of. The rules shall not concern	71804
or relate to personnel policies, salaries, wages, fringe benefits,	71805
or other conditions of employment of employees of persons owning	71806
or operating solid waste facilities. The director, in accordance	71807
with Chapter 119. of the Revised Code, shall adopt and may amend,	71808
suspend, or rescind rules governing the issuance, modification,	71809
revocation, suspension, or denial of variances from the director's	71810
solid waste rules, including, without limitation, rules adopted	71811
under this chapter governing the management of scrap tires.	71812

Variances shall be issued, modified, revoked, suspended, or	71813
rescinded in accordance with this division, rules adopted under	71814
it, and Chapter 3745. of the Revised Code. The director may order	71815
the person to whom a variance is issued to take such action within	71816
such time as the director may determine to be appropriate and	71817
reasonable to prevent the creation of a nuisance or a hazard to	71818
the public health or safety or the environment. Applications for	71819
variances shall contain such detail plans, specifications, and	71820
information regarding objectives, procedures, controls, and other	71821
pertinent data as the director may require. The director shall	71822
grant a variance only if the applicant demonstrates to the	71823
director's satisfaction that construction and operation of the	71824
solid waste facility in the manner allowed by the variance and any	71825
terms or conditions imposed as part of the variance will not	71826
create a nuisance or a hazard to the public health or safety or	71827
the environment. In granting any variance, the director shall	71828
state the specific provision or provisions whose terms are to be	71829
varied and also shall state specific terms or conditions imposed	71830
upon the applicant in place of the provision or provisions. The	71831
director may hold a public hearing on an application for a	71832
variance or renewal of a variance at a location in the county	71833
where the operations that are the subject of the application for	71834
the variance are conducted. The director shall give not less than	71835
twenty days' notice of the hearing to the applicant by certified	71836
mail and shall publish at least one notice of the hearing in a	71837
newspaper with general circulation in the county where the hearing	71838
is to be held. The director shall make available for public	71839
inspection at the principal office of the environmental protection	71840
agency a current list of pending applications for variances and a	71841
current schedule of pending variance hearings. The director shall	71842
make a complete stenographic record of testimony and other	71843
evidence submitted at the hearing. Within ten days after the	71844
hearing, the director shall make a written determination to issue,	71845
renew, or deny the variance and shall enter the determination and	71846
the basis for it into the record of the hearing. The director	71847
shall issue, renew, or deny an application for a variance or	71848
renewal of a variance within six months of the date upon which the	71849
director receives a complete application with all pertinent	71850
information and data required. No variance shall be issued,	71851
revoked, modified, or denied until the director has considered the	71852
relative interests of the applicant, other persons and property	71853
affected by the variance, and the general public. Any variance	71854
granted under this division shall be for a period specified by the	71855
director and may be renewed from time to time on such terms and	71856
for such periods as the director determines to be appropriate. No	71857
application shall be denied and no variance shall be revoked or	71858
modified without a written order stating the findings upon which	71859
the denial, revocation, or modification is based. A copy of the	71860
order shall be sent to the applicant or variance holder by	71861
certified mail.	71862

(B) The director shall prescribe and furnish the forms	71863
necessary to administer and enforce this chapter. The director may	71864
cooperate with and enter into agreements with other state, local,	71865
or federal agencies to carry out the purposes of this chapter. The	71866
director may exercise all incidental powers necessary to carry out	71867
the purposes of this chapter.	71868

The director may use moneys in the infectious waste	71869
management fund created in section 3734.021 of the Revised Code	71870
exclusively for administering and enforcing the provisions of this	71871
chapter governing the management of infectious wastes. Of each	71872
registration and renewal fee collected under rules adopted under	71873
division (A)(2)(a) of section 3734.021 or under section 3734.022	71874
of the Revised Code, the director, within forty-five days of its	71875
receipt, shall remit from the fund one-half of the fee received to	71876
the board of health of the health district in which the registered	71877
premises is located, or, in the instance of an infectious wastes	71878
transporter, to the board of health of the health district in	71879
which the transporter's principal place of business is located.	71880
However, if the board of health having jurisdiction over a	71881
registrant's premises or principal place of business is not on the	71882
approved list under section 3734.08 of the Revised Code, the	71883
director shall not make that payment to the board of health.	71884

(C) Except as provided in this division and divisions (N)(2)	71885
and (3) of this section, no person shall establish a new solid	71886
waste facility or infectious waste treatment facility, or modify	71887
an existing solid waste facility or infectious waste treatment	71888
facility, without submitting an application for a permit with	71889
accompanying detail plans, specifications, and information	71890
regarding the facility and method of operation and receiving a	71891
permit issued by the director, except that no permit shall be	71892
required under this division to install or operate a solid waste	71893
facility for sewage sludge treatment or disposal when the	71894
treatment or disposal is authorized by a current permit issued	71895
under Chapter 3704. or 6111. of the Revised Code.	71896

No person shall continue to operate a solid waste facility	71897
for which the director has denied a permit for which an	71898
application was required under division (A)(3) of section 3734.05	71899
of the Revised Code, or for which the director has disapproved	71900
plans and specifications required to be filed by an order issued	71901
under division (A)(5) of that section, after the date prescribed	71902
for commencement of closure of the facility in the order issued	71903
under division (A)(6) of section 3734.05 of the Revised Code	71904
denying the permit application or approval.	71905

On and after the effective date of the rules adopted under	71906
division (A) of this section and division (D) of section 3734.12	71907
of the Revised Code governing solid waste transfer facilities, no	71908
person shall establish a new, or modify an existing, solid waste	71909
transfer facility without first submitting an application for a	71910
permit with accompanying engineering detail plans, specifications,	71911
and information regarding the facility and its method of operation	71912
to the director and receiving a permit issued by the director.	71913

No person shall establish a new compost facility or continue	71914
to operate an existing compost facility that accepts exclusively	71915
source separated yard wastes without submitting a completed	71916
registration for the facility to the director in accordance with	71917
rules adopted under divisions (A) and (N)(3) of this section.	71918

This division does not apply to an infectious waste treatment	71919
facility that meets any of the following conditions:	71920

(1) Is owned or operated by the generator of the wastes and	71921
exclusively treats, by methods, techniques, and practices	71922
established by rules adopted under division (C)(1) or (3) of	71923
section 3734.021 of the Revised Code, wastes that are generated at	71924
any premises owned or operated by that generator regardless of	71925
whether the wastes are generated on the premises where the	71926
generator's treatment facility is located or, if the generator is	71927
a hospital as defined in section 3727.01 of the Revised Code,	71928
infectious wastes that are described in division (A)(1)(g), (h),	71929
or (i) of section 3734.021 of the Revised Code;	71930

(2) Holds a license or renewal of a license to operate a	71931
crematory facility issued under Chapter 4717. and a permit issued	71932
under Chapter 3704. of the Revised Code;	71933

(3) Treats or disposes of dead animals or parts thereof, or	71934
the blood of animals, and is subject to any of the following:	71935

(a) Inspection under the "Federal Meat Inspection Act," 81	71936
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	71937

(b) Chapter 918. of the Revised Code;

71938

71939

(D) Neither this chapter nor any rules adopted under it apply	71940
to single-family residential premises; to infectious wastes	71941
generated by individuals for purposes of their own care or	71942
treatment that are disposed of with solid wastes from the	71943
individual's residence; to the temporary storage of solid wastes,	71944
other than scrap tires, prior to their collection for disposal; to	71945
the storage of one hundred or fewer scrap tires unless they are	71946
stored in such a manner that, in the judgment of the director or	71947
the board of health of the health district in which the scrap	71948
tires are stored, the storage causes a nuisance, a hazard to	71949
public health or safety, or a fire hazard; or to the collection of	71950
solid wastes, other than scrap tires, by a political subdivision	71951
or a person holding a franchise or license from a political	71952
subdivision of the state; to composting, as defined in section	71953
1511.01 of the Revised Code, conducted in accordance with section	71954
1511.022 of the Revised Code; or to any person who is licensed to	71955
transport raw rendering material to a compost facility pursuant to	71956
section 953.23 of the Revised Code.	71957

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

71958

(a) "On-site facility" means a facility that stores, treats,	71959
or disposes of hazardous waste that is generated on the premises	71960
of the facility.	71961

(b) "Off-site facility" means a facility that stores, treats,	71962
or disposes of hazardous waste that is generated off the premises	71963
of the facility and includes such a facility that is also an	71964
on-site facility.	71965

71966

(i) An on-site facility that also receives hazardous waste	71967
from other premises owned by the same person who generates the	71968
waste on the facility premises;	71969

(ii) An off-site facility operated so that all of the	71970
hazardous waste it receives is generated on one or more premises	71971
owned by the person who owns the facility;	71972

(iii) An on-site facility that also receives hazardous waste	71973
that is transported uninterruptedly and directly to the facility	71974
through a pipeline from a generator who is not the owner of the	71975
facility.	71976

(2) Except as provided in division (E)(3) of this section, no	71977
person shall establish or operate a hazardous waste facility, or	71978
use a solid waste facility for the storage, treatment, or disposal	71979
of any hazardous waste, without a hazardous waste facility	71980
installation and operation permit issued in accordance with	71981
section 3734.05 of the Revised Code and subject to the payment of	71982
an application fee not to exceed one thousand five hundred	71983
dollars, payable upon application for a hazardous waste facility	71984
installation and operation permit and upon application for a	71985
renewal permit issued under division (H) of section 3734.05 of the	71986
Revised Code, to be credited to the hazardous waste facility	71987
management fund created in section 3734.18 of the Revised Code.	71988
The term of a hazardous waste facility installation and operation	71989
permit shall not exceed ten years.	71990

In addition to the application fee, there is hereby levied an	71991
annual permit fee to be paid by the permit holder upon the	71992
anniversaries of the date of issuance of the hazardous waste	71993
facility installation and operation permit and of any subsequent	71994
renewal permits and to be credited to the hazardous waste facility	71995
management fund. Annual permit fees totaling forty thousand	71996
dollars or more for any one facility may be paid on a quarterly	71997
basis with the first quarterly payment each year being due on the	71998
anniversary of the date of issuance of the hazardous waste	71999
facility installation and operation permit and of any subsequent	72000
renewal permits. The annual permit fee shall be determined for	72001
each permit holder by the director in accordance with the	72002
following schedule:	72003

TYPE OF BASIC			72004
MANAGEMENT UNIT	TYPE OF FACILITY	FEE	72005
Storage facility using:			72006
Containers	On-site, off-site, and		72007
	satellite	$ 500	72008
Tanks	On-site, off-site, and		72009
	satellite	500	72010
Waste pile	On-site, off-site, and		72011
	satellite	3,000	72012
Surface impoundment	On-site and satellite	8,000	72013
	Off-site	10,000	72014
Disposal facility using:			72015
Deep well injection	On-site and satellite	15,000	72016
	Off-site	25,000	72017
Landfill	On-site and satellite	25,000	72018
	Off-site	40,000	72019
Land application	On-site and satellite	2,500	72020
	Off-site	5,000	72021
Surface impoundment	On-site and satellite	10,000	72022
	Off-site	20,000	72023
Treatment facility using:			72024
Tanks	On-site, off-site, and		72025
	satellite	700	72026
Surface impoundment	On-site and satellite	8,000	72027
	Off-site	10,000	72028
Incinerator	On-site and satellite	5,000	72029
	Off-site	10,000	72030
Other forms			72031
of treatment	On-site, off-site, and		72032
	satellite	1,000	72033

A hazardous waste disposal facility that disposes of	72034
hazardous waste by deep well injection and that pays the annual	72035
permit fee established in section 6111.046 of the Revised Code is	72036
not subject to the permit fee established in this division for	72037
disposal facilities using deep well injection unless the director	72038
determines that the facility is not in compliance with applicable	72039
requirements established under this chapter and rules adopted	72040
under it.	72041

In determining the annual permit fee required by this	72042
section, the director shall not require additional payments for	72043
multiple units of the same method of storage, treatment, or	72044
disposal or for individual units that are used for both storage	72045
and treatment. A facility using more than one method of storage,	72046
treatment, or disposal shall pay the permit fee indicated by the	72047
schedule for each such method.	72048

The director shall not require the payment of that portion of	72049
an annual permit fee of any permit holder that would apply to a	72050
hazardous waste management unit for which a permit has been	72051
issued, but for which construction has not yet commenced. Once	72052
construction has commenced, the director shall require the payment	72053
of a part of the appropriate fee indicated by the schedule that	72054
bears the same relationship to the total fee that the number of	72055
days remaining until the next anniversary date at which payment of	72056
the annual permit fee is due bears to three hundred sixty-five.	72057

The director, by rules adopted in accordance with Chapters	72058
119. and 3745. of the Revised Code, shall prescribe procedures for	72059
collecting the annual permit fee established by this division and	72060
may prescribe other requirements necessary to carry out this	72061
division.	72062

(3) The prohibition against establishing or operating a	72063
hazardous waste facility without a hazardous waste facility	72064
installation and operation permit does not apply to either of the	72065
following:	72066

(a) A facility that is operating in accordance with a permit	72067
renewal issued under division (H) of section 3734.05 of the	72068
Revised Code, a revision issued under division (I) of that section	72069
as it existed prior to August 20, 1996, or a modification issued	72070
by the director under division (I) of that section on and after	72071
August 20, 1996;	72072

(b) Except as provided in division (J) of section 3734.05 of	72073
the Revised Code, a facility that will operate or is operating in	72074
accordance with a permit by rule, or that is not subject to permit	72075
requirements, under rules adopted by the director. In accordance	72076
with Chapter 119. of the Revised Code, the director shall adopt,	72077
and subsequently may amend, suspend, or rescind, rules for the	72078
purposes of division (E)(3)(b) of this section. Any rules so	72079
adopted shall be consistent with and equivalent to regulations	72080
pertaining to interim status adopted under the "Resource	72081
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	72082
6921, as amended, except as otherwise provided in this chapter.	72083

If a modification is requested or proposed for a facility	72084
described in division (E)(3)(a) or (b) of this section, division	72085
(I)(7) of section 3734.05 of the Revised Code applies.	72086

(F) No person shall store, treat, or dispose of hazardous	72087
waste identified or listed under this chapter and rules adopted	72088
under it, regardless of whether generated on or off the premises	72089
where the waste is stored, treated, or disposed of, or transport	72090
or cause to be transported any hazardous waste identified or	72091
listed under this chapter and rules adopted under it to any other	72092
premises, except at or to any of the following:	72093

(1) A hazardous waste facility operating under a permit	72094
issued in accordance with this chapter;	72095

(2) A facility in another state operating under a license or	72096
permit issued in accordance with the "Resource Conservation and	72097
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	72098
amended;	72099

(3) A facility in another nation operating in accordance with	72100
the laws of that nation;	72101

(4) A facility holding a permit issued pursuant to Title I of	72102
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86	72103
Stat. 1052, 33 U.S.C.A. 1401, as amended;	72104

(5) A hazardous waste facility as described in division	72105
(E)(3)(a) or (b) of this section.	72106

(G) The director, by order, may exempt any person generating,	72107
collecting, storing, treating, disposing of, or transporting solid	72108
wastes, infectious wastes, or hazardous waste, or processing solid	72109
wastes that consist of scrap tires, in such quantities or under	72110
such circumstances that, in the determination of the director, are	72111
unlikely to adversely affect the public health or safety or the	72112
environment from any requirement to obtain a registration	72113
certificate, permit, or license or comply with the manifest system	72114
or other requirements of this chapter. Such an exemption shall be	72115
consistent with and equivalent to any regulations adopted by the	72116
administrator of the United States environmental protection agency	72117
under the "Resource Conservation and Recovery Act of 1976," 90	72118
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise	72119
provided in this chapter.	72120

(H) No person shall engage in filling, grading, excavating,	72121
building, drilling, or mining on land where a hazardous waste	72122
facility, or a solid waste facility, was operated without prior	72123
authorization from the director, who shall establish the procedure	72124
for granting such authorization by rules adopted in accordance	72125
with Chapter 119. of the Revised Code.	72126

A public utility that has main or distribution lines above or	72127
below the land surface located on an easement or right-of-way	72128
across land where a solid waste facility was operated may engage	72129
in any such activity within the easement or right-of-way without	72130
prior authorization from the director for purposes of performing	72131
emergency repair or emergency replacement of its lines; of the	72132
poles, towers, foundations, or other structures supporting or	72133
sustaining any such lines; or of the appurtenances to those	72134
structures, necessary to restore or maintain existing public	72135
utility service. A public utility may enter upon any such easement	72136
or right-of-way without prior authorization from the director for	72137
purposes of performing necessary or routine maintenance of those	72138
portions of its existing lines; of the existing poles, towers,	72139
foundations, or other structures sustaining or supporting its	72140
lines; or of the appurtenances to any such supporting or	72141
sustaining structure, located on or above the land surface on any	72142
such easement or right-of-way. Within twenty-four hours after	72143
commencing any such emergency repair, replacement, or maintenance	72144
work, the public utility shall notify the director or the	72145
director's authorized representative of those activities and shall	72146
provide such information regarding those activities as the	72147
director or the director's representative may request. Upon	72148
completion of the emergency repair, replacement, or maintenance	72149
activities, the public utility shall restore any land of the solid	72150
waste facility disturbed by those activities to the condition	72151
existing prior to the commencement of those activities.	72152

(I) No owner or operator of a hazardous waste facility, in	72153
the operation of the facility, shall cause, permit, or allow the	72154
emission therefrom of any particulate matter, dust, fumes, gas,	72155
mist, smoke, vapor, or odorous substance that, in the opinion of	72156
the director, unreasonably interferes with the comfortable	72157
enjoyment of life or property by persons living or working in the	72158
vicinity of the facility, or that is injurious to public health.	72159
Any such action is hereby declared to be a public nuisance.	72160

(J) Notwithstanding any other provision of this chapter, in	72161
the event the director finds an imminent and substantial danger to	72162
public health or safety or the environment that creates an	72163
emergency situation requiring the immediate treatment, storage, or	72164
disposal of hazardous waste, the director may issue a temporary	72165
emergency permit to allow the treatment, storage, or disposal of	72166
the hazardous waste at a facility that is not otherwise authorized	72167
by a hazardous waste facility installation and operation permit to	72168
treat, store, or dispose of the waste. The emergency permit shall	72169
not exceed ninety days in duration and shall not be renewed. The	72170
director shall adopt, and may amend, suspend, or rescind, rules in	72171
accordance with Chapter 119. of the Revised Code governing the	72172
issuance, modification, revocation, and denial of emergency	72173
permits.	72174

(K) No owner or operator of a sanitary landfill shall	72175
knowingly accept for disposal, or dispose of, any infectious	72176
wastes, other than those subject to division (A)(1)(c) of section	72177
3734.021 of the Revised Code, that have not been treated to render	72178
them noninfectious. For the purposes of this division,	72179
certification by the owner or operator of the treatment facility	72180
where the wastes were treated on the shipping paper required by	72181
rules adopted under division (D)(2) of that section creates a	72182
rebuttable presumption that the wastes have been so treated.	72183

(L) The director, in accordance with Chapter 119. of the	72184
Revised Code, shall adopt, and may amend, suspend, or rescind,	72185
rules having uniform application throughout the state establishing	72186
a training and certification program that shall be required for	72187
employees of boards of health who are responsible for enforcing	72188
the solid waste and infectious waste provisions of this chapter	72189
and rules adopted under them and for persons who are responsible	72190
for the operation of solid waste facilities or infectious waste	72191
treatment facilities. The rules shall provide all of the	72192
following, without limitation:	72193

(1) The program shall be administered by the director and	72194
shall consist of a course on new solid waste and infectious waste	72195
technologies, enforcement procedures, and rules;	72196

(2) The course shall be offered on an annual basis;

72197

(3) Those persons who are required to take the course under	72198
division (L) of this section shall do so triennially;	72199

(4) Persons who successfully complete the course shall be	72200
certified by the director;	72201

(5) Certification shall be required for all employees of	72202
boards of health who are responsible for enforcing the solid waste	72203
or infectious waste provisions of this chapter and rules adopted	72204
under them and for all persons who are responsible for the	72205
operation of solid waste facilities or infectious waste treatment	72206
facilities;	72207

(6)(a) All employees of a board of health who, on the	72208
effective date of the rules adopted under this division, are	72209
responsible for enforcing the solid waste or infectious waste	72210
provisions of this chapter and the rules adopted under them shall	72211
complete the course and be certified by the director not later	72212
than January 1, 1995;	72213

(b) All employees of a board of health who, after the	72214
effective date of the rules adopted under division (L) of this	72215
section, become responsible for enforcing the solid waste or	72216
infectious waste provisions of this chapter and rules adopted	72217
under them and who do not hold a current and valid certification	72218
from the director at that time shall complete the course and be	72219
certified by the director within two years after becoming	72220
responsible for performing those activities.	72221

No person shall fail to obtain the certification required	72222
under this division.	72223

(M) The director shall not issue a permit under section	72224
3734.05 of the Revised Code to establish a solid waste facility,	72225
or to modify a solid waste facility operating on December 21,	72226
1988, in a manner that expands the disposal capacity or geographic	72227
area covered by the facility, that is or is to be located within	72228
the boundaries of a state park established or dedicated under	72229
Chapter 1541. of the Revised Code, a state park purchase area	72230
established under section 1541.02 of the Revised Code, any unit of	72231
the national park system, or any property that lies within the	72232
boundaries of a national park or recreation area, but that has not	72233
been acquired or is not administered by the secretary of the	72234
United States department of the interior, located in this state,	72235
or any candidate area located in this state and identified for	72236
potential inclusion in the national park system in the edition of	72237
the "national park system plan" submitted under paragraph (b) of	72238
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	72239
U.S.C.A. 1a-5, as amended, current at the time of filing of the	72240
application for the permit, unless the facility or proposed	72241
facility is or is to be used exclusively for the disposal of solid	72242
wastes generated within the park or recreation area and the	72243
director determines that the facility or proposed facility will	72244
not degrade any of the natural or cultural resources of the park	72245
or recreation area. The director shall not issue a variance under	72246
division (A) of this section and rules adopted under it, or issue	72247
an exemption order under division (G) of this section, that would	72248
authorize any such establishment or expansion of a solid waste	72249
facility within the boundaries of any such park or recreation	72250
area, state park purchase area, or candidate area, other than a	72251
solid waste facility exclusively for the disposal of solid wastes	72252
generated within the park or recreation area when the director	72253
determines that the facility will not degrade any of the natural	72254
or cultural resources of the park or recreation area.	72255

(N)(1) The rules adopted under division (A) of this section,	72256
other than those governing variances, do not apply to scrap tire	72257
collection, storage, monocell, monofill, and recovery facilities.	72258
Those facilities are subject to and governed by rules adopted	72259
under sections 3734.70 to 3734.73 of the Revised Code, as	72260
applicable.	72261

(2) Division (C) of this section does not apply to scrap tire	72262
collection, storage, monocell, monofill, and recovery facilities.	72263
The establishment and modification of those facilities are subject	72264
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised	72265
Code, as applicable.	72266

(3) The director may adopt, amend, suspend, or rescind rules	72267
under division (A) of this section creating an alternative system	72268
for authorizing the establishment, operation, or modification of a	72269
solid waste compost facility in lieu of the requirement that a	72270
person seeking to establish, operate, or modify a solid waste	72271
compost facility apply for and receive a permit under division (C)	72272
of this section and section 3734.05 of the Revised Code and a	72273
license under division (A)(1) of that section. The rules may	72274
include requirements governing, without limitation, the	72275
classification of solid waste compost facilities, the submittal of	72276
operating records for solid waste compost facilities, and the	72277
creation of a registration or notification system in lieu of the	72278
issuance of permits and licenses for solid waste compost	72279
facilities. The rules shall specify the applicability of divisions	72280
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised	72281
Code to a solid waste compost facility.	72282

Sec. 3734.05. (A)(1) Except as provided in divisions (A)(4),	72283
(8), and (9) of this section, no person shall operate or maintain	72284
a solid waste facility without a license issued under this	72285
division by the board of health of the health district in which	72286
the facility is located or by the director of environmental	72287
protection when the health district in which the facility is	72288
located is not on the approved list under section 3734.08 of the	72289
Revised Code.	72290

During the month of December, but before the first day of	72291
January of the next year, every person proposing to continue to	72292
operate an existing solid waste facility shall procure a license	72293
under this division to operate the facility for that year from the	72294
board of health of the health district in which the facility is	72295
located or, if the health district is not on the approved list	72296
under section 3734.08 of the Revised Code, from the director. The	72297
application for such a license shall be submitted to the board of	72298
health or to the director, as appropriate, on or before the last	72299
day of September of the year preceding that for which the license	72300
is sought. In addition to the application fee prescribed in	72301
division (A)(2) of this section, a person who submits an	72302
application after that date shall pay an additional ten per cent	72303
of the amount of the application fee for each week that the	72304
application is late. Late payment fees accompanying an application	72305
submitted to the board of health shall be credited to the special	72306
fund of the health district created in division (B) of section	72307
3734.06 of the Revised Code, and late payment fees accompanying an	72308
application submitted to the director shall be credited to the	72309
general revenue fund. A person who has received a license, upon	72310
sale or disposition of a solid waste facility, and upon consent of	72311
the board of health and the director, may have the license	72312
transferred to another person. The board of health or the director	72313
may include such terms and conditions in a license or revision to	72314
a license as are appropriate to ensure compliance with this	72315
chapter and rules adopted under it. The terms and conditions may	72316
establish the authorized maximum daily waste receipts for the	72317
facility. Limitations on maximum daily waste receipts shall be	72318
specified in cubic yards of volume for the purpose of regulating	72319
the design, construction, and operation of solid waste facilities.	72320
Terms and conditions included in a license or revision to a	72321
license by a board of health shall be consistent with, and pertain	72322
only to the subjects addressed in, the rules adopted under	72323
division (A) of section 3734.02 and division (D) of section	72324
3734.12 of the Revised Code.	72325

(2)(a) Except as provided in divisions (A)(2)(b), (8), and	72326
(9) of this section, each person proposing to open a new solid	72327
waste facility or to modify an existing solid waste facility shall	72328
submit an application for a permit with accompanying detail plans	72329
and specifications to the environmental protection agency for	72330
required approval under the rules adopted by the director pursuant	72331
to division (A) of section 3734.02 of the Revised Code and	72332
applicable rules adopted under division (D) of section 3734.12 of	72333
the Revised Code at least two hundred seventy days before proposed	72334
operation of the facility and shall concurrently make application	72335
for the issuance of a license under division (A)(1) of this	72336
section with the board of health of the health district in which	72337
the proposed facility is to be located.	72338

(b) On and after the effective date of the rules adopted	72339
under division (A) of section 3734.02 of the Revised Code and	72340
division (D) of section 3734.12 of the Revised Code governing	72341
solid waste transfer facilities, each person proposing to open a	72342
new solid waste transfer facility or to modify an existing solid	72343
waste transfer facility shall submit an application for a permit	72344
with accompanying engineering detail plans, specifications, and	72345
information regarding the facility and its method of operation to	72346
the environmental protection agency for required approval under	72347
those rules at least two hundred seventy days before commencing	72348
proposed operation of the facility and concurrently shall make	72349
application for the issuance of a license under division (A)(1) of	72350
this section with the board of health of the health district in	72351
which the facility is located or proposed.	72352

(c) Each application for a permit under division (A)(2)(a) or	72353
(b) of this section shall be accompanied by a nonrefundable	72354
application fee of four hundred dollars that shall be credited to	72355
the general revenue fund. Each application for an annual license	72356
under division (A)(1) or (2) of this section shall be accompanied	72357
by a nonrefundable application fee of one hundred dollars. If the	72358
application for an annual license is submitted to a board of	72359
health on the approved list under section 3734.08 of the Revised	72360
Code, the application fee shall be credited to the special fund of	72361
the health district created in division (B) of section 3734.06 of	72362
the Revised Code. If the application for an annual license is	72363
submitted to the director, the application fee shall be credited	72364
to the general revenue fund. If a permit or license is issued, the	72365
amount of the application fee paid shall be deducted from the	72366
amount of the permit fee due under division (Q) of section 3745.11	72367
of the Revised Code or the amount of the license fee due under	72368
division (A)(1), (2), (3), or (4), or (5) of section 3734.06 of	72369
the Revised Code.	72370

(d) As used in divisions (A)(2)(d), (e), and (f) of this	72371
section, "modify" means any of the following:	72372

(i) Any increase of more than ten per cent in the total	72373
capacity of a solid waste facility;	72374

(ii) Any expansion of the limits of solid waste placement at	72375
a solid waste facility;	72376

(iii) Any increase in the depth of excavation at a solid	72377
waste facility;	72378

(iv) Any change in the technique of waste receipt or type of	72379
waste received at a solid waste facility that may endanger human	72380
health, as determined by the director by rules adopted in	72381
accordance with Chapter 119. of the Revised Code.	72382

Not later than ~~thirty-five~~forty-five days after submitting	72383
an application under division (A)(2)(a) or (b) of this section for	72384
a permit to open a new or modify an existing solid waste facility,	72385
the applicant, in conjunction with an officer or employee of the	72386
environmental protection agency, shall hold a public meeting on	72387
the application within the county in which the new or modified	72388
solid waste facility is or is proposed to be located or within a	72389
contiguous county. Not less than thirty days before holding the	72390
public meeting on the application, the applicant shall publish	72391
notice of the meeting in each newspaper of general circulation	72392
that is published in the county in which the facility is or is	72393
proposed to be located. If no newspaper of general circulation is	72394
published in the county, the applicant shall publish the notice in	72395
a newspaper of general circulation in the county. The notice shall	72396
contain the date, time, and location of the public meeting and a	72397
general description of the proposed new or modified facility. Not	72398
later than five days after publishing the notice, the applicant	72399
shall send by certified mail a copy of the notice and the date the	72400
notice was published to the director and the legislative authority	72401
of each municipal corporation, township, and county, and to the	72402
chief executive officer of each municipal corporation, in which	72403
the facility is or is proposed to be located. At the public	72404
meeting, the applicant shall provide information and describe the	72405
application and respond to comments or questions concerning the	72406
application, and the officer or employee of the agency shall	72407
describe the permit application process. At the public meeting,	72408
any person may submit written or oral comments on or objections to	72409
the application. Not more than thirty days after the public	72410
meeting, the applicant shall provide the director with a copy of a	72411
transcript of the full meeting, copies of any exhibits, displays,	72412
or other materials presented by the applicant at the meeting, and	72413
the original copy of any written comments submitted at the	72414
meeting.	72415

(e) Except as provided in division (A)(2)(f) of this section,	72416
prior to taking an action, other than a proposed or final denial,	72417
upon an application submitted under division (A)(2)(a) of this	72418
section for a permit to open a new or modify an existing solid	72419
waste facility, the director shall hold a public information	72420
session and a public hearing on the application within the county	72421
in which the new or modified solid waste facility is or is	72422
proposed to be located or within a contiguous county. If the	72423
application is for a permit to open a new solid waste facility,	72424
the director shall hold the hearing not less than fourteen days	72425
after the information session. If the application is for a permit	72426
to modify an existing solid waste facility, the director may hold	72427
both the information session and the hearing on the same day	72428
unless any individual affected by the application requests in	72429
writing that the information session and the hearing not be held	72430
on the same day, in which case the director shall hold the hearing	72431
not less than fourteen days after the information session. The	72432
director shall publish notice of the public information session or	72433
public hearing not less than thirty days before holding the	72434
information session or hearing, as applicable. The notice shall be	72435
published in each newspaper of general circulation that is	72436
published in the county in which the facility is or is proposed to	72437
be located. If no newspaper of general circulation is published in	72438
the county, the director shall publish the notice in a newspaper	72439
of general circulation in the county. The notice shall contain the	72440
date, time, and location of the information session or hearing, as	72441
applicable, and a general description of the proposed new or	72442
modified facility. At the public information session, an officer	72443
or employee of the environmental protection agency shall describe	72444
the status of the permit application and be available to respond	72445
to comments or questions concerning the application. At the public	72446
hearing, any person may submit written or oral comments on or	72447
objections to the approval of the application. The applicant, or a	72448
representative of the applicant who has knowledge of the location,	72449
construction, and operation of the facility, shall attend the	72450
information session and public hearing to respond to comments or	72451
questions concerning the facility directed to the applicant or	72452
representative by the officer or employee of the environmental	72453
protection agency presiding at the information session and	72454
hearing.	72455

(f) The solid waste management policy committee of a county	72456
or joint solid waste management district may adopt a resolution	72457
requesting expeditious consideration of a specific application	72458
submitted under division (A)(2)(a) of this section for a permit to	72459
modify an existing solid waste facility within the district. The	72460
resolution shall make the finding that expedited consideration of	72461
the application without the public information session and public	72462
hearing under division (A)(2)(e) of this section is in the public	72463
interest and will not endanger human health, as determined by the	72464
director by rules adopted in accordance with Chapter 119. of the	72465
Revised Code. Upon receiving such a resolution, the director, at	72466
the director's discretion, may issue a final action upon the	72467
application without holding a public information session or public	72468
hearing pursuant to division (A)(2)(e) of this section.	72469

(3) Except as provided in division (A)(10) of this section,	72470
and unless the owner or operator of any solid waste facility,	72471
other than a solid waste transfer facility or a compost facility	72472
that accepts exclusively source separated yard wastes, that	72473
commenced operation on or before July 1, 1968, has obtained an	72474
exemption from the requirements of division (A)(3) of this section	72475
in accordance with division (G) of section 3734.02 of the Revised	72476
Code, the owner or operator shall submit to the director an	72477
application for a permit with accompanying engineering detail	72478
plans, specifications, and information regarding the facility and	72479
its method of operation for approval under rules adopted under	72480
division (A) of section 3734.02 of the Revised Code and applicable	72481
rules adopted under division (D) of section 3734.12 of the Revised	72482
Code in accordance with the following schedule:	72483

(a) Not later than September 24, 1988, if the facility is	72484
located in the city of Garfield Heights or Parma in Cuyahoga	72485
county;	72486

(b) Not later than December 24, 1988, if the facility is	72487
located in Delaware, Greene, Guernsey, Hamilton, Madison,	72488
Mahoning, Ottawa, or Vinton county;	72489

(c) Not later than March 24, 1989, if the facility is located	72490
in Champaign, Clinton, Columbiana, Huron, Paulding, Stark, or	72491
Washington county, or is located in the city of Brooklyn or	72492
Cuyahoga Heights in Cuyahoga county;	72493

(d) Not later than June 24, 1989, if the facility is located	72494
in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, Lucas, or	72495
Summit county or is located in Cuyahoga county outside the cities	72496
of Garfield Heights, Parma, Brooklyn, and Cuyahoga Heights;	72497

(e) Not later than September 24, 1989, if the facility is	72498
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	72499
county;	72500

(f) Not later than December 24, 1989, if the facility is	72501
located in a county not listed in divisions (A)(3)(a) to (e) of	72502
this section;	72503

(g) Notwithstanding divisions (A)(3)(a) to (f) of this	72504
section, not later than December 31, 1990, if the facility is a	72505
solid waste facility owned by a generator of solid wastes when the	72506
solid waste facility exclusively disposes of solid wastes	72507
generated at one or more premises owned by the generator	72508
regardless of whether the facility is located on a premises where	72509
the wastes are generated and if the facility disposes of more than	72510
one hundred thousand tons of solid wastes per year, provided that	72511
any such facility shall be subject to division (A)(5) of this	72512
section.	72513

(4) Except as provided in divisions (A)(8), (9), and (10) of	72514
this section, unless the owner or operator of any solid waste	72515
facility for which a permit was issued after July 1, 1968, but	72516
before January 1, 1980, has obtained an exemption from the	72517
requirements of division (A)(4) of this section under division (G)	72518
of section 3734.02 of the Revised Code, the owner or operator	72519
shall submit to the director an application for a permit with	72520
accompanying engineering detail plans, specifications, and	72521
information regarding the facility and its method of operation for	72522
approval under those rules.	72523

(5) The director may issue an order in accordance with	72524
Chapter 3745. of the Revised Code to the owner or operator of a	72525
solid waste facility requiring the person to submit to the	72526
director updated engineering detail plans, specifications, and	72527
information regarding the facility and its method of operation for	72528
approval under rules adopted under division (A) of section 3734.02	72529
of the Revised Code and applicable rules adopted under division	72530
(D) of section 3734.12 of the Revised Code if, in the director's	72531
judgment, conditions at the facility constitute a substantial	72532
threat to public health or safety or are causing or contributing	72533
to or threatening to cause or contribute to air or water pollution	72534
or soil contamination. Any person who receives such an order shall	72535
submit the updated engineering detail plans, specifications, and	72536
information to the director within one hundred eighty days after	72537
the effective date of the order.	72538

(6) The director shall act upon an application submitted	72539
under division (A)(3) or (4) of this section and any updated	72540
engineering plans, specifications, and information submitted under	72541
division (A)(5) of this section within one hundred eighty days	72542
after receiving them. If the director denies any such permit	72543
application, the order denying the application or disapproving the	72544
plans shall include the requirements that the owner or operator	72545
submit a plan for closure and post-closure care of the facility to	72546
the director for approval within six months after issuance of the	72547
order, cease accepting solid wastes for disposal or transfer at	72548
the facility, and commence closure of the facility not later than	72549
one year after issuance of the order. If the director determines	72550
that closure of the facility within that one-year period would	72551
result in the unavailability of sufficient solid waste management	72552
facility capacity within the county or joint solid waste	72553
management district in which the facility is located to dispose of	72554
or transfer the solid waste generated within the district, the	72555
director in the order of denial or disapproval may postpone	72556
commencement of closure of the facility for such period of time as	72557
the director finds necessary for the board of county commissioners	72558
or directors of the district to secure access to or for there to	72559
be constructed within the district sufficient solid waste	72560
management facility capacity to meet the needs of the district,	72561
provided that the director shall certify in the director's order	72562
that postponing the date for commencement of closure will not	72563
endanger ground water or any property surrounding the facility,	72564
allow methane gas migration to occur, or cause or contribute to	72565
any other type of environmental damage.	72566

If an emergency need for disposal capacity that may affect	72567
public health and safety exists as a result of closure of a	72568
facility under division (A)(6) of this section, the director may	72569
issue an order designating another solid waste facility to accept	72570
the wastes that would have been disposed of at the facility to be	72571
closed.	72572

(7) If the director determines that standards more stringent	72573
than those applicable in rules adopted under division (A) of	72574
section 3734.02 of the Revised Code and division (D) of section	72575
3734.12 of the Revised Code, or standards pertaining to subjects	72576
not specifically addressed by those rules, are necessary to ensure	72577
that a solid waste facility constructed at the proposed location	72578
will not cause a nuisance, cause or contribute to water pollution,	72579
or endanger public health or safety, the director may issue a	72580
permit for the facility with such terms and conditions as the	72581
director finds necessary to protect public health and safety and	72582
the environment. If a permit is issued, the director shall state	72583
in the order issuing it the specific findings supporting each such	72584
term or condition.	72585

(8) Divisions (A)(1), (2)(a), (3), and (4) of this section do	72586
not apply to a solid waste compost facility that accepts	72587
exclusively source separated yard wastes and that is registered	72588
under division (C) of section 3734.02 of the Revised Code or,	72589
unless otherwise provided in rules adopted under division (N)(3)	72590
of section 3734.02 of the Revised Code, to a solid waste compost	72591
facility if the director has adopted rules establishing an	72592
alternative system for authorizing the establishment, operation,	72593
or modification of a solid waste compost facility under that	72594
division.	72595

(9) Divisions (A)(1) to (7) of this section do not apply to	72596
scrap tire collection, storage, monocell, monofill, and recovery	72597
facilities. The approval of plans and specifications, as	72598
applicable, and the issuance of registration certificates,	72599
permits, and licenses for those facilities are subject to sections	72600
3734.75 to 3734.78 of the Revised Code, as applicable, and section	72601
3734.81 of the Revised Code.	72602

(10) Divisions (A)(3) and (4) of this section do not apply to	72603
a solid waste incinerator that was placed into operation on or	72604
before October 12, 1994, and that is not authorized to accept and	72605
treat infectious wastes pursuant to division (B) of this section.	72606

(B)(1) Each person who is engaged in the business of treating	72607
infectious wastes for profit at a treatment facility located off	72608
the premises where the wastes are generated that is in operation	72609
on August 10, 1988, and who proposes to continue operating the	72610
facility shall submit to the board of health of the health	72611
district in which the facility is located an application for a	72612
license to operate the facility.	72613

Thereafter, no person shall operate or maintain an infectious	72614
waste treatment facility without a license issued by the board of	72615
health of the health district in which the facility is located or	72616
by the director when the health district in which the facility is	72617
located is not on the approved list under section 3734.08 of the	72618
Revised Code.	72619

(2)(a) During the month of December, but before the first day	72620
of January of the next year, every person proposing to continue to	72621
operate an existing infectious waste treatment facility shall	72622
procure a license to operate the facility for that year from the	72623
board of health of the health district in which the facility is	72624
located or, if the health district is not on the approved list	72625
under section 3734.08 of the Revised Code, from the director. The	72626
application for such a license shall be submitted to the board of	72627
health or to the director, as appropriate, on or before the last	72628
day of September of the year preceding that for which the license	72629
is sought. In addition to the application fee prescribed in	72630
division (B)(2)(c) of this section, a person who submits an	72631
application after that date shall pay an additional ten per cent	72632
of the amount of the application fee for each week that the	72633
application is late. Late payment fees accompanying an application	72634
submitted to the board of health shall be credited to the special	72635
infectious waste fund of the health district created in division	72636
(C) of section 3734.06 of the Revised Code, and late payment fees	72637
accompanying an application submitted to the director shall be	72638
credited to the general revenue fund. A person who has received a	72639
license, upon sale or disposition of an infectious waste treatment	72640
facility and upon consent of the board of health and the director,	72641
may have the license transferred to another person. The board of	72642
health or the director may include such terms and conditions in a	72643
license or revision to a license as are appropriate to ensure	72644
compliance with the infectious waste provisions of this chapter	72645
and rules adopted under them.	72646

(b) Each person proposing to open a new infectious waste	72647
treatment facility or to modify an existing infectious waste	72648
treatment facility shall submit an application for a permit with	72649
accompanying detail plans and specifications to the environmental	72650
protection agency for required approval under the rules adopted by	72651
the director pursuant to section 3734.021 of the Revised Code two	72652
hundred seventy days before proposed operation of the facility and	72653
concurrently shall make application for a license with the board	72654
of health of the health district in which the facility is or is	72655
proposed to be located. Not later than ninety days after receiving	72656
a completed application under division (B)(2)(b) of this section	72657
for a permit to open a new infectious waste treatment facility or	72658
modify an existing infectious waste treatment facility to expand	72659
its treatment capacity, or receiving a completed application under	72660
division (A)(2)(a) of this section for a permit to open a new	72661
solid waste incineration facility, or modify an existing solid	72662
waste incineration facility to also treat infectious wastes or to	72663
increase its infectious waste treatment capacity, that pertains to	72664
a facility for which a notation authorizing infectious waste	72665
treatment is included or proposed to be included in the solid	72666
waste incineration facility's license pursuant to division (B)(3)	72667
of this section, the director shall hold a public hearing on the	72668
application within the county in which the new or modified	72669
infectious waste or solid waste facility is or is proposed to be	72670
located or within a contiguous county. Not less than thirty days	72671
before holding the public hearing on the application, the director	72672
shall publish notice of the hearing in each newspaper that has	72673
general circulation and that is published in the county in which	72674
the facility is or is proposed to be located. If there is no	72675
newspaper that has general circulation and that is published in	72676
the county, the director shall publish the notice in a newspaper	72677
of general circulation in the county. The notice shall contain the	72678
date, time, and location of the public hearing and a general	72679
description of the proposed new or modified facility. At the	72680
public hearing, any person may submit written or oral comments on	72681
or objections to the approval or disapproval of the application.	72682
The applicant, or a representative of the applicant who has	72683
knowledge of the location, construction, and operation of the	72684
facility, shall attend the public hearing to respond to comments	72685
or questions concerning the facility directed to the applicant or	72686
representative by the officer or employee of the environmental	72687
protection agency presiding at the hearing.	72688

(c) Each application for a permit under division (B)(2)(b) of	72689
this section shall be accompanied by a nonrefundable application	72690
fee of four hundred dollars that shall be credited to the general	72691
revenue fund. Each application for an annual license under	72692
division (B)(2)(a) of this section shall be accompanied by a	72693
nonrefundable application fee of one hundred dollars. If the	72694
application for an annual license is submitted to a board of	72695
health on the approved list under section 3734.08 of the Revised	72696
Code, the application fee shall be credited to the special	72697
infectious waste fund of the health district created in division	72698
(C) of section 3734.06 of the Revised Code. If the application for	72699
an annual license is submitted to the director, the application	72700
fee shall be credited to the general revenue fund. If a permit or	72701
license is issued, the amount of the application fee paid shall be	72702
deducted from the amount of the permit fee due under division (Q)	72703
of section 3745.11 of the Revised Code or the amount of the	72704
license fee due under division (C) of section 3734.06 of the	72705
Revised Code.	72706

(d) The owner or operator of any infectious waste treatment	72707
facility that commenced operation on or before July 1, 1968, shall	72708
submit to the director an application for a permit with	72709
accompanying engineering detail plans, specifications, and	72710
information regarding the facility and its method of operation for	72711
approval under rules adopted under section 3734.021 of the Revised	72712
Code in accordance with the following schedule:	72713

(i) Not later than December 24, 1988, if the facility is	72714
located in Delaware, Greene, Guernsey, Hamilton, Madison,	72715
Mahoning, Ottawa, or Vinton county;	72716

(ii) Not later than March 24, 1989, if the facility is	72717
located in Champaign, Clinton, Columbiana, Huron, Paulding, Stark,	72718
or Washington county, or is located in the city of Brooklyn,	72719
Cuyahoga Heights, or Parma in Cuyahoga county;	72720

(iii) Not later than June 24, 1989, if the facility is	72721
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain,	72722
Lucas, or Summit county or is located in Cuyahoga county outside	72723
the cities of Brooklyn, Cuyahoga Heights, and Parma;	72724

(iv) Not later than September 24, 1989, if the facility is	72725
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	72726
county;	72727

(v) Not later than December 24, 1989, if the facility is	72728
located in a county not listed in divisions (B)(2)(d)(i) to (iv)	72729
of this section.	72730

The owner or operator of an infectious waste treatment	72731
facility required to submit a permit application under division	72732
(B)(2)(d) of this section is not required to pay any permit	72733
application fee under division (B)(2)(c) of this section, or	72734
permit fee under division (Q) of section 3745.11 of the Revised	72735
Code, with respect thereto unless the owner or operator also	72736
proposes to modify the facility.	72737

(e) The director may issue an order in accordance with	72738
Chapter 3745. of the Revised Code to the owner or operator of an	72739
infectious waste treatment facility requiring the person to submit	72740
to the director updated engineering detail plans, specifications,	72741
and information regarding the facility and its method of operation	72742
for approval under rules adopted under section 3734.021 of the	72743
Revised Code if, in the director's judgment, conditions at the	72744
facility constitute a substantial threat to public health or	72745
safety or are causing or contributing to or threatening to cause	72746
or contribute to air or water pollution or soil contamination. Any	72747
person who receives such an order shall submit the updated	72748
engineering detail plans, specifications, and information to the	72749
director within one hundred eighty days after the effective date	72750
of the order.	72751

(f) The director shall act upon an application submitted	72752
under division (B)(2)(d) of this section and any updated	72753
engineering plans, specifications, and information submitted under	72754
division (B)(2)(e) of this section within one hundred eighty days	72755
after receiving them. If the director denies any such permit	72756
application or disapproves any such updated engineering plans,	72757
specifications, and information, the director shall include in the	72758
order denying the application or disapproving the plans the	72759
requirement that the owner or operator cease accepting infectious	72760
wastes for treatment at the facility.	72761

(3) Division (B) of this section does not apply to an	72762
infectious waste treatment facility that meets any of the	72763
following conditions:	72764

(a) Is owned or operated by the generator of the wastes and	72765
exclusively treats, by methods, techniques, and practices	72766
established by rules adopted under division (C)(1) or (3) of	72767
section 3734.021 of the Revised Code, wastes that are generated at	72768
any premises owned or operated by that generator regardless of	72769
whether the wastes are generated on the same premises where the	72770
generator's treatment facility is located or, if the generator is	72771
a hospital as defined in section 3727.01 of the Revised Code,	72772
infectious wastes that are described in division (A)(1)(g), (h),	72773
or (i) of section 3734.021 of the Revised Code;	72774

(b) Holds a license or renewal of a license to operate a	72775
crematory facility issued under Chapter 4717. and a permit issued	72776
under Chapter 3704. of the Revised Code;	72777

(c) Treats or disposes of dead animals or parts thereof, or	72778
the blood of animals, and is subject to any of the following:	72779

(i) Inspection under the "Federal Meat Inspection Act," 81	72780
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	72781

(ii) Chapter 918. of the Revised Code;

72782

(iii) Chapter 953. of the Revised Code.

72783

Nothing in division (B) of this section requires a facility	72784
that holds a license issued under division (A) of this section as	72785
a solid waste facility and that also treats infectious wastes by	72786
the same method, technique, or process to obtain a license under	72787
division (B) of this section as an infectious waste treatment	72788
facility. However, the solid waste facility license for the	72789
facility shall include the notation that the facility also treats	72790
infectious wastes.	72791

On and after the effective date of the amendments to the	72792
rules adopted under division (C)(2) of section 3734.021 of the	72793
Revised Code that are required by Section 6 of Substitute House	72794
Bill No. 98 of the 120th General Assembly, the director shall not	72795
issue a permit to open a new solid waste incineration facility	72796
unless the proposed facility complies with the requirements for	72797
the location of new infectious waste incineration facilities	72798
established in the required amendments to those rules.	72799

(C) Except for a facility or activity described in division	72800
(E)(3) of section 3734.02 of the Revised Code, a person who	72801
proposes to establish or operate a hazardous waste facility shall	72802
submit a complete application for a hazardous waste facility	72803
installation and operation permit and accompanying detail plans,	72804
specifications, and such information as the director may require	72805
to the environmental protection agency at least one hundred eighty	72806
days before the proposed beginning of operation of the facility.	72807
The applicant shall notify by certified mail the legislative	72808
authority of each municipal corporation, township, and county in	72809
which the facility is proposed to be located of the submission of	72810
the application within ten days after the submission or at such	72811
earlier time as the director may establish by rule. If the	72812
application is for a proposed new hazardous waste disposal or	72813
thermal treatment facility, the applicant also shall give actual	72814
notice of the general design and purpose of the facility to the	72815
legislative authority of each municipal corporation, township, and	72816
county in which the facility is proposed to be located at least	72817
ninety days before the permit application is submitted to the	72818
environmental protection agency.	72819

In accordance with rules adopted under section 3734.12 of the	72820
Revised Code, prior to the submission of a complete application	72821
for a hazardous waste facility installation and operation permit,	72822
the applicant shall hold at least one meeting in the township or	72823
municipal corporation in which the facility is proposed to be	72824
located, whichever is geographically closer to the proposed	72825
location of the facility. The meeting shall be open to the public	72826
and shall be held to inform the community of the proposed	72827
hazardous waste management activities and to solicit questions	72828
from the community concerning the activities.	72829

(D)(1) Except as provided in section 3734.123 of the Revised	72830
Code, upon receipt of a complete application for a hazardous waste	72831
facility installation and operation permit under division (C) of	72832
this section, the director shall consider the application and	72833
accompanying information to determine whether the application	72834
complies with agency rules and the requirements of division (D)(2)	72835
of this section. After making a determination, the director shall	72836
issue either a draft permit or a notice of intent to deny the	72837
permit. The director, in accordance with rules adopted under	72838
section 3734.12 of the Revised Code or with rules adopted to	72839
implement Chapter 3745. of the Revised Code, shall provide public	72840
notice of the application and the draft permit or the notice of	72841
intent to deny the permit, provide an opportunity for public	72842
comments, and, if significant interest is shown, schedule a public	72843
meeting in the county in which the facility is proposed to be	72844
located and give public notice of the date, time, and location of	72845
the public meeting in a newspaper of general circulation in that	72846
county.	72847

(2) The director shall not approve an application for a	72848
hazardous waste facility installation and operation permit or an	72849
application for a modification under division (I)(3) of this	72850
section unless the director finds and determines as follows:	72851

(a) The nature and volume of the waste to be treated, stored,	72852
or disposed of at the facility;	72853

(b) That the facility complies with the director's hazardous	72854
waste standards adopted pursuant to section 3734.12 of the Revised	72855
Code;	72856

(c) That the facility represents the minimum adverse	72857
environmental impact, considering the state of available	72858
technology and the nature and economics of various alternatives,	72859
and other pertinent considerations;	72860

(d) That the facility represents the minimum risk of all of	72861
the following:	72862

(i) Fires or explosions from treatment, storage, or disposal	72863
methods;	72864

(ii) Release of hazardous waste during transportation of	72865
hazardous waste to or from the facility;	72866

(iii) Adverse impact on the public health and safety.

72867

(e) That the facility will comply with this chapter and	72868
Chapters 3704. and 6111. of the Revised Code and all rules and	72869
standards adopted under them;	72870

(f) That if the owner of the facility, the operator of the	72871
facility, or any other person in a position with the facility from	72872
which the person may influence the installation and operation of	72873
the facility has been involved in any prior activity involving	72874
transportation, treatment, storage, or disposal of hazardous	72875
waste, that person has a history of compliance with this chapter	72876
and Chapters 3704. and 6111. of the Revised Code and all rules and	72877
standards adopted under them, the "Resource Conservation and	72878
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	72879
amended, and all regulations adopted under it, and similar laws	72880
and rules of other states if any such prior operation was located	72881
in another state that demonstrates sufficient reliability,	72882
expertise, and competency to operate a hazardous waste facility	72883
under the applicable provisions of this chapter and Chapters 3704.	72884
and 6111. of the Revised Code, the applicable rules and standards	72885
adopted under them, and terms and conditions of a hazardous waste	72886
facility installation and operation permit, given the potential	72887
for harm to the public health and safety and the environment that	72888
could result from the irresponsible operation of the facility. For	72889
off-site facilities, as defined in section 3734.41 of the Revised	72890
Code, the director may use the investigative reports of the	72891
attorney general prepared pursuant to section 3734.42 of the	72892
Revised Code as a basis for making a finding and determination	72893
under division (D)(2)(f) of this section.	72894

(g) That the active areas within a new hazardous waste	72895
facility where acute hazardous waste as listed in 40 C.F.R. 261.33	72896
(e), as amended, or organic waste that is toxic and is listed	72897
under 40 C.F.R. 261, as amended, is being stored, treated, or	72898
disposed of and where the aggregate of the storage design capacity	72899
and the disposal design capacity of all hazardous waste in those	72900
areas is greater than two hundred fifty thousand gallons, are not	72901
located or operated within any of the following:	72902

(i) Two thousand feet of any residence, school, hospital,	72903
jail, or prison;	72904

(ii) Any naturally occurring wetland;

72905

(iii) Any flood hazard area if the applicant cannot show that	72906
the facility will be designed, constructed, operated, and	72907
maintained to prevent washout by a one-hundred-year flood.	72908

Division (D)(2)(g) of this section does not apply to the	72909
facility of any applicant who demonstrates to the director that	72910
the limitations specified in that division are not necessary	72911
because of the nature or volume of the waste and the manner of	72912
management applied, the facility will impose no substantial danger	72913
to the health and safety of persons occupying the structures	72914
listed in division (D)(2)(g)(i) of this section, and the facility	72915
is to be located or operated in an area where the proposed	72916
hazardous waste activities will not be incompatible with existing	72917
land uses in the area.	72918

(h) That the facility will not be located within the	72919
boundaries of a state park established or dedicated under Chapter	72920
1541. of the Revised Code, a state park purchase area established	72921
under section 1541.02 of the Revised Code, any unit of the	72922
national park system, or any property that lies within the	72923
boundaries of a national park or recreation area, but that has not	72924
been acquired or is not administered by the secretary of the	72925
United States department of the interior, located in this state,	72926
or any candidate area located in this state identified for	72927
potential inclusion in the national park system in the edition of	72928
the "national park system plan" submitted under paragraph (b) of	72929
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	72930
U.S.C.A. 1a-5, as amended, current at the time of filing of the	72931
application for the permit, unless the facility will be used	72932
exclusively for the storage of hazardous waste generated within	72933
the park or recreation area in conjunction with the operation of	72934
the park or recreation area. Division (D)(2)(h) of this section	72935
does not apply to the facility of any applicant for modification	72936
of a permit unless the modification application proposes to	72937
increase the land area included in the facility or to increase the	72938
quantity of hazardous waste that will be treated, stored, or	72939
disposed of at the facility.	72940

(3) Not later than one hundred eighty days after the end of	72941
the public comment period, the director, without prior hearing,	72942
shall issue or deny the permit in accordance with Chapter 3745. of	72943
the Revised Code. If the director approves an application for a	72944
hazardous waste facility installation and operation permit, the	72945
director shall issue the permit, upon such terms and conditions as	72946
the director finds are necessary to ensure the construction and	72947
operation of the hazardous waste facility in accordance with the	72948
standards of this section.	72949

(E) No political subdivision of this state shall require any	72950
additional zoning or other approval, consent, permit, certificate,	72951
or condition for the construction or operation of a hazardous	72952
waste facility authorized by a hazardous waste facility	72953
installation and operation permit issued pursuant to this chapter,	72954
nor shall any political subdivision adopt or enforce any law,	72955
ordinance, or rule that in any way alters, impairs, or limits the	72956
authority granted in the permit.	72957

(F) The director may issue a single hazardous waste facility	72958
installation and operation permit to a person who operates two or	72959
more adjoining facilities where hazardous waste is stored,	72960
treated, or disposed of if the application includes detail plans,	72961
specifications, and information on all facilities. For the	72962
purposes of this section, "adjoining" means sharing a common	72963
boundary, separated only by a public road, or in such proximity	72964
that the director determines that the issuance of a single permit	72965
will not create a hazard to the public health or safety or the	72966
environment.	72967

(G) No person shall falsify or fail to keep or submit any	72968
plans, specifications, data, reports, records, manifests, or other	72969
information required to be kept or submitted to the director by	72970
this chapter or the rules adopted under it.	72971

(H)(1) Each person who holds an installation and operation	72972
permit issued under this section and who wishes to obtain a permit	72973
renewal shall submit a completed application for an installation	72974
and operation permit renewal and any necessary accompanying	72975
general plans, detail plans, specifications, and such information	72976
as the director may require to the director no later than one	72977
hundred eighty days prior to the expiration date of the existing	72978
permit or upon a later date prior to the expiration of the	72979
existing permit if the permittee can demonstrate good cause for	72980
the late submittal. The director shall consider the application	72981
and accompanying information, inspection reports of the facility,	72982
results of performance tests, a report regarding the facility's	72983
compliance or noncompliance with the terms and conditions of its	72984
permit and rules adopted by the director under this chapter, and	72985
such other information as is relevant to the operation of the	72986
facility and shall issue a draft renewal permit or a notice of	72987
intent to deny the renewal permit. The director, in accordance	72988
with rules adopted under this section or with rules adopted to	72989
implement Chapter 3745. of the Revised Code, shall give public	72990
notice of the application and draft renewal permit or notice of	72991
intent to deny the renewal permit, provide for the opportunity for	72992
public comments within a specified time period, schedule a public	72993
meeting in the county in which the facility is located if	72994
significant interest is shown, and give public notice of the	72995
public meeting.	72996

(2) Within sixty days after the public meeting or close of	72997
the public comment period, the director, without prior hearing,	72998
shall issue or deny the renewal permit in accordance with Chapter	72999
3745. of the Revised Code. The director shall not issue a renewal	73000
permit unless the director determines that the facility under the	73001
existing permit has a history of compliance with this chapter,	73002
rules adopted under it, the existing permit, or orders entered to	73003
enforce such requirements that demonstrates sufficient	73004
reliability, expertise, and competency to operate the facility	73005
henceforth under this chapter, rules adopted under it, and the	73006
renewal permit. If the director approves an application for a	73007
renewal permit, the director shall issue the permit subject to the	73008
payment of the annual permit fee required under division (E) of	73009
section 3734.02 of the Revised Code and upon such terms and	73010
conditions as the director finds are reasonable to ensure that	73011
continued operation, maintenance, closure, and post-closure care	73012
of the hazardous waste facility are in accordance with the rules	73013
adopted under section 3734.12 of the Revised Code.	73014

(3) An installation and operation permit renewal application	73015
submitted to the director that also contains or would constitute	73016
an application for a modification shall be acted upon by the	73017
director in accordance with division (I) of this section in the	73018
same manner as an application for a modification. In approving or	73019
disapproving the renewal portion of a permit renewal application	73020
containing an application for a modification, the director shall	73021
apply the criteria established under division (H)(2) of this	73022
section.	73023

(4) An application for renewal or modification of a permit	73024
that does not contain an application for a modification as	73025
described in divisions (I)(3)(a) to (d) of this section shall not	73026
be subject to division (D)(2) of this section.	73027

(I)(1) As used in this section, "modification" means a change	73028
or alteration to a hazardous waste facility or its operations that	73029
is inconsistent with or not authorized by its existing permit or	73030
authorization to operate. Modifications shall be classified as	73031
Class 1, 2, or 3 modifications in accordance with rules adopted	73032
under division (K) of this section. Modifications classified as	73033
Class 3 modifications, in accordance with rules adopted under that	73034
division, shall be further classified by the director as either	73035
Class 3 modifications that are to be approved or disapproved by	73036
the director under divisions (I)(3)(a) to (d) of this section or	73037
as Class 3 modifications that are to be approved or disapproved by	73038
the director under division (I)(5) of this section. Not later than	73039
thirty days after receiving a request for a modification under	73040
division (I)(4) of this section that is not listed in Appendix I	73041
to 40 C.F.R. 270.42 or in rules adopted under division (K) of this	73042
section, the director shall classify the modification and shall	73043
notify the owner or operator of the facility requesting the	73044
modification of the classification. Notwithstanding any other law	73045
to the contrary, a modification that involves the transfer of a	73046
hazardous waste facility installation and operation permit to a	73047
new owner or operator for any off-site facility as defined in	73048
section 3734.41 of the Revised Code shall be classified as a Class	73049
3 modification. The transfer of a hazardous waste facility	73050
installation and operation permit to a new owner or operator for a	73051
facility that is not an off-site facility shall be classified as a	73052
Class 1 modification requiring prior approval of the director.	73053

(2) Except as provided in section 3734.123 of the Revised	73054
Code, a hazardous waste facility installation and operation permit	73055
may be modified at the request of the director or upon the written	73056
request of the permittee only if any of the following applies:	73057

(a) The permittee desires to accomplish alterations,	73058
additions, or deletions to the permitted facility or to undertake	73059
alterations, additions, deletions, or activities that are	73060
inconsistent with or not authorized by the existing permit;	73061

(b) New information or data justify permit conditions in	73062
addition to or different from those in the existing permit;	73063

(c) The standards, criteria, or rules upon which the existing	73064
permit is based have been changed by new, amended, or rescinded	73065
standards, criteria, or rules, or by judicial decision after the	73066
existing permit was issued, and the change justifies permit	73067
conditions in addition to or different from those in the existing	73068
permit;	73069

(d) The permittee proposes to transfer the permit to another	73070
person.	73071

(3) The director shall approve or disapprove an application	73072
for a modification in accordance with division (D)(2) of this	73073
section and rules adopted under division (K) of this section for	73074
all of the following categories of Class 3 modifications:	73075

(a) Authority to conduct treatment, storage, or disposal at a	73076
site, location, or tract of land that has not been authorized for	73077
the proposed category of treatment, storage, or disposal activity	73078
by the facility's permit;	73079

(b) Modification or addition of a hazardous waste management	73080
unit, as defined in rules adopted under section 3734.12 of the	73081
Revised Code, that results in an increase in a facility's storage	73082
capacity of more than twenty-five per cent over the capacity	73083
authorized by the facility's permit, an increase in a facility's	73084
treatment rate of more than twenty-five per cent over the rate so	73085
authorized, or an increase in a facility's disposal capacity over	73086
the capacity so authorized. The authorized disposal capacity for a	73087
facility shall be calculated from the approved design plans for	73088
the disposal units at that facility. In no case during a five-year	73089
period shall a facility's storage capacity or treatment rate be	73090
modified to increase by more than twenty-five per cent in the	73091
aggregate without the director's approval in accordance with	73092
division (D)(2) of this section. Notwithstanding any provision of	73093
division (I) of this section to the contrary, a request for	73094
modification of a facility's annual total waste receipt limit	73095
shall be classified and approved or disapproved by the director	73096
under division (I)(5) of this section.	73097

(c) Authority to add any of the following categories of	73098
regulated activities not previously authorized at a facility by	73099
the facility's permit: storage at a facility not previously	73100
authorized to store hazardous waste, treatment at a facility not	73101
previously authorized to treat hazardous waste, or disposal at a	73102
facility not previously authorized to dispose of hazardous waste;	73103
or authority to add a category of hazardous waste management unit	73104
not previously authorized at the facility by the facility's	73105
permit. Notwithstanding any provision of division (I) of this	73106
section to the contrary, a request for authority to add or to	73107
modify an activity or a hazardous waste management unit for the	73108
purposes of performing a corrective action shall be classified and	73109
approved or disapproved by the director under division (I)(5) of	73110
this section.	73111

(d) Authority to treat, store, or dispose of waste types	73112
listed or characterized as reactive or explosive, in rules adopted	73113
under section 3734.12 of the Revised Code, or any acute hazardous	73114
waste listed in 40 C.F.R. 261.33(e), as amended, at a facility not	73115
previously authorized to treat, store, or dispose of those types	73116
of wastes by the facility's permit unless the requested authority	73117
is limited to wastes that no longer exhibit characteristics	73118
meeting the criteria for listing or characterization as reactive	73119
or explosive wastes, or for listing as acute hazardous waste, but	73120
still are required to carry those waste codes as established in	73121
rules adopted under section 3734.12 of the Revised Code because of	73122
the requirements established in 40 C.F.R. 261(a) and (e), as	73123
amended, that is, the "mixture," "derived-from," or "contained-in"	73124
regulations.	73125

(4) A written request for a modification from the permittee	73126
shall be submitted to the director and shall contain such	73127
information as is necessary to support the request. Requests for	73128
modifications shall be acted upon by the director in accordance	73129
with this section and rules adopted under it.	73130

(5) Class 1 modification applications that require prior	73131
approval of the director, as provided in division (I)(1) of this	73132
section or as determined in accordance with rules adopted under	73133
division (K) of this section, Class 2 modification applications,	73134
and Class 3 modification applications that are not described in	73135
divisions (I)(3)(a) to (d) of this section shall be approved or	73136
disapproved by the director in accordance with rules adopted under	73137
division (K) of this section. The board of county commissioners of	73138
the county, the board of township trustees of the township, and	73139
the city manager or mayor of the municipal corporation in which a	73140
hazardous waste facility is located shall receive notification of	73141
any application for a modification for that facility and shall be	73142
considered as interested persons with respect to the director's	73143
consideration of the application.	73144

As used in division (I) of this section:

73145

(a) "Owner" means the person who owns a majority or	73146
controlling interest in a facility.	73147

(b) "Operator" means the person who is responsible for the	73148
overall operation of a facility.	73149

The director shall approve or disapprove an application for a	73150
Class 1 modification that requires the director's approval within	73151
sixty days after receiving the request for modification. The	73152
director shall approve or disapprove an application for a Class 2	73153
modification within three hundred days after receiving the request	73154
for modification. The director shall approve or disapprove an	73155
application for a Class 3 modification within three hundred	73156
sixty-five days after receiving the request for modification.	73157

(6) The approval or disapproval by the director of a Class 1	73158
modification application is not a final action that is appealable	73159
under Chapter 3745. of the Revised Code. The approval or	73160
disapproval by the director of a Class 2 modification or a Class 3	73161
modification is a final action that is appealable under that	73162
chapter. In approving or disapproving a request for a	73163
modification, the director shall consider all comments pertaining	73164
to the request that are received during the public comment period	73165
and the public meetings. The administrative record for appeal of a	73166
final action by the director in approving or disapproving a	73167
request for a modification shall include all comments received	73168
during the public comment period relating to the request for	73169
modification, written materials submitted at the public meetings	73170
relating to the request, and any other documents related to the	73171
director's action.	73172

(7) Notwithstanding any other provision of law to the	73173
contrary, a change or alteration to a hazardous waste facility	73174
described in division (E)(3)(a) or (b) of section 3734.02 of the	73175
Revised Code, or its operations, is a modification for the	73176
purposes of this section. An application for a modification at	73177
such a facility shall be submitted, classified, and approved or	73178
disapproved in accordance with divisions (I)(1) to (6) of this	73179
section in the same manner as a modification to a hazardous waste	73180
facility installation and operation permit.	73181

(J)(1) Except as provided in division (J)(2) of this section,	73182
an owner or operator of a hazardous waste facility that is	73183
operating in accordance with a permit by rule under rules adopted	73184
by the director under division (E)(3)(b) of section 3734.02 of the	73185
Revised Code shall submit either a hazardous waste facility	73186
installation and operation permit application for the facility or	73187
a modification application, whichever is required under division	73188
(J)(1)(a) or (b) of this section, within one hundred eighty days	73189
after the director has requested the application or upon a later	73190
date if the owner or operator demonstrates to the director good	73191
cause for the late submittal.	73192

(a) If the owner or operator does not have a hazardous waste	73193
facility installation and operation permit for any hazardous waste	73194
treatment, storage, or disposal activities at the facility, the	73195
owner or operator shall submit an application for such a permit to	73196
the director for the activities authorized by the permit by rule.	73197
Notwithstanding any other provision of law to the contrary, the	73198
director shall approve or disapprove the application for the	73199
permit in accordance with the procedures governing the approval or	73200
disapproval of permit renewals under division (H) of this section.	73201

(b) If the owner or operator has a hazardous waste facility	73202
installation and operation permit for hazardous waste treatment,	73203
storage, or disposal activities at the facility other than those	73204
authorized by the permit by rule, the owner or operator shall	73205
submit to the director a request for modification in accordance	73206
with division (I) of this section. Notwithstanding any other	73207
provision of law to the contrary, the director shall approve or	73208
disapprove the modification application in accordance with	73209
division (I)(5) of this section.	73210

(2) The owner or operator of a boiler or industrial furnace	73211
that is conducting thermal treatment activities in accordance with	73212
a permit by rule under rules adopted by the director under	73213
division (E)(3)(b) of section 3734.02 of the Revised Code shall	73214
submit a hazardous waste facility installation and operation	73215
permit application if the owner or operator does not have such a	73216
permit for any hazardous waste treatment, storage, or disposal	73217
activities at the facility or, if the owner or operator has such a	73218
permit for hazardous waste treatment, storage, or disposal	73219
activities at the facility other than thermal treatment activities	73220
authorized by the permit by rule, a modification application to	73221
add those activities authorized by the permit by rule, whichever	73222
is applicable, within one hundred eighty days after the director	73223
has requested the submission of the application or upon a later	73224
date if the owner or operator demonstrates to the director good	73225
cause for the late submittal. The application shall be accompanied	73226
by information necessary to support the request. The director	73227
shall approve or disapprove an application for a hazardous waste	73228
facility installation and operation permit in accordance with	73229
division (D) of this section and approve or disapprove an	73230
application for a modification in accordance with division (I)(3)	73231
of this section, except that the director shall not disapprove an	73232
application for the thermal treatment activities on the basis of	73233
the criteria set forth in division (D)(2)(g) or (h) of this	73234
section.	73235

(3) As used in division (J) of this section:

73236

(a) "Modification application" means a request for a	73237
modification submitted in accordance with division (I) of this	73238
section.	73239

(b) "Thermal treatment," "boiler," and "industrial furnace"	73240
have the same meanings as in rules adopted under section 3734.12	73241
of the Revised Code.	73242

(K) The director shall adopt, and may amend, suspend, or	73243
rescind, rules in accordance with Chapter 119. of the Revised Code	73244
in order to implement divisions (H) and (I) of this section.	73245
Except when in actual conflict with this section, rules governing	73246
the classification of and procedures for the modification of	73247
hazardous waste facility installation and operation permits shall	73248
be substantively and procedurally identical to the regulations	73249
governing hazardous waste facility permitting and permit	73250
modifications adopted under the "Resource Conservation and	73251
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	73252
amended.	73253

Sec. 3734.06. (A)(1) Except as provided in ~~division~~	73254
divisions (A)(2), (3), ~~and~~ (4), and (5) of this section and in	73255
section 3734.82 of the Revised Code, the annual fee for a solid	73256
waste facility license shall be in accordance with the following	73257
schedule:	73258

AUTHORIZED MAXIMUM	ANNUAL	73259
DAILY WASTE	LICENSE	73260
RECEIPT (TONS)	FEE	73261
100 or less	$ 5,000	73262
101 to 200	12,500	73263
201 to 500	30,000	73264
501 or more	60,000	73265

For the purpose of determining the applicable license fee	73266
under divisions (A)(1) ~~and~~, (2), and (3) of this section, the	73267
authorized maximum daily waste receipt shall be the maximum amount	73268
of wastes the facility is authorized to receive daily that is	73269
established in the permit for the facility, and any modifications	73270
to that permit, issued under division (A)(2) or (3) of section	73271
3734.05 of the Revised Code; the annual license for the facility,	73272
and any revisions to that license, issued under division (A)(1) of	73273
section 3734.05 of the Revised Code; the approved operating plan	73274
or operational report for which submission and approval are	73275
required by rules adopted by the director of environmental	73276
protection under section 3734.02 of the Revised Code; an order	73277
issued by the director as authorized by rule; or the updated	73278
engineering plans, specifications, and facility and operation	73279
information approved under division (A)(4) of section 3734.05 of	73280
the Revised Code. If no authorized maximum daily waste receipt is	73281
so established, the annual license fee is sixty thousand dollars	73282
under division (A)(1) of this section and thirty thousand dollars	73283
under ~~division~~divisions (A)(2) and (3) of this section.	73284

The authorized maximum daily waste receipt set forth in any	73285
such document shall be stated in terms of cubic yards of volume	73286
for the purpose of regulating the design, construction, and	73287
operation of a solid waste facility. For the purpose of	73288
determining applicable license fees under this section, the	73289
authorized maximum daily waste receipt so stated shall be	73290
converted from cubic yards to tons as the unit of measurement	73291
based upon a conversion factor of three cubic yards per ton for	73292
compacted wastes generally and one cubic yard per ton for baled	73293
wastes.	73294

(2) The annual license fee for a facility that is an	73295
incinerator facility is one-half the amount shown in division	73296
(A)(1) of this section. When a municipal corporation, county, or	73297
township owns and operates more than one incinerator within its	73298
boundaries, the municipal corporation, county, or township shall	73299
pay one fee for the licenses for all of its incinerators. The fee	73300
shall be determined on the basis of the aggregate maximum daily	73301
waste receipt for all the incinerators owned and operated by the	73302
municipal corporation, county, or township in an amount that is	73303
one-half the amount shown in division (A)(1) of this section.	73304

(3) The annual fee for a solid waste compost facility license	73305
shall be in accordance with the following schedule:	73306

AUTHORIZED MAXIMUM	ANNUAL	73307
DAILY WASTE	LICENSE	73308
RECEIPT (TONS)	FEE	73309
12 or less	$ 300	73310
13 to 25	600	73311
26 to 50	1,200	73312
51 to 75	1,800	73313
76 to 100	2,500	73314
101 to ~~200~~ 150	~~6,250~~ 3,750	73315
151 to 200	5,000	73316
201 to ~~500~~ 250	~~15,000~~ 6,250	73317
251 to 300	7,500	73318
301 to 400	10,000	73319
401 to 500	12,500	73320
501 or more	30,000	73321

~~(3)~~(4) The annual license fee for a solid waste facility,	73322
regardless of its authorized maximum daily waste receipt, is five	73323
thousand dollars for a facility meeting either of the following	73324
qualifications:	73325

(a) The facility is owned by a generator of solid wastes when	73326
the solid waste facility exclusively disposes of solid wastes	73327
generated at one or more premises owned by the generator	73328
regardless of whether the facility is located on a premises where	73329
the wastes are generated;.	73330

(b) The facility exclusively disposes of wastes that are	73331
generated from the combustion of coal, or from the combustion of	73332
primarily coal in combination with scrap tires, that is not	73333
combined in any way with garbage at one or more premises owned by	73334
the generator.	73335

~~(4)~~(5) The annual license fee for a facility that is a	73336
transfer facility is seven hundred fifty dollars.	73337

~~(5)~~(6) The same fees shall apply to private operators and to	73338
the state and its political subdivisions and shall be paid within	73339
thirty days after issuance of a license. The fee includes the cost	73340
of licensing, all inspections, and other costs associated with the	73341
administration of the solid waste provisions of this chapter and	73342
rules adopted under them, excluding the provisions governing scrap	73343
tires. Each such license shall specify that it is conditioned upon	73344
payment of the applicable fee to the board of health or the	73345
director, as appropriate, within thirty days after issuance of the	73346
license.	73347

(B) The board of health shall retain two thousand five	73348
hundred dollars of each license fee collected by the board under	73349
divisions (A)(1), (2), ~~and~~ (3), and (4) of this section or the	73350
entire amount of any such fee that is less than two thousand five	73351
hundred dollars. The moneys retained shall be paid into a special	73352
fund, which is hereby created in each health district, and used	73353
solely to administer and enforce the solid waste provisions of	73354
this chapter and the rules adopted under them, excluding the	73355
provisions governing scrap tires. The remainder of each license	73356
fee collected by the board shall be transmitted to the director	73357
within forty-five days after receipt of the fee. The director	73358
shall transmit these moneys to the treasurer of state to be	73359
credited to the general revenue fund. The board of health shall	73360
retain the entire amount of each fee collected under division	73361
(A)~~(4)~~(5) of this section, which moneys shall be paid into the	73362
special fund of the health district.	73363

(C)(1) Except as provided in divisions (C)(2) and (3) of this	73364
section, the annual fee for an infectious waste treatment facility	73365
license shall be in accordance with the following schedule:	73366

AVERAGE	ANNUAL	73367
DAILY WASTE	LICENSE	73368
RECEIPT (TONS)	FEE	73369
100 or less	$ 5,000	73370
101 to 200	12,500	73371
201 to 500	30,000	73372
501 or more	60,000	73373

For the purpose of determining the applicable license fee	73374
under divisions (C)(1) and (2) of this section, the average daily	73375
waste receipt shall be the average amount of infectious wastes the	73376
facility is authorized to receive daily that is established in the	73377
permit for the facility, and any modifications to that permit,	73378
issued under division (B)(2)(b) or (d) of section 3734.05 of the	73379
Revised Code; or the annual license for the facility, and any	73380
revisions to that license, issued under division (B)(2)(a) of	73381
section 3734.05 of the Revised Code. If no average daily waste	73382
receipt is so established, the annual license fee is sixty	73383
thousand dollars under division (C)(1) of this section and thirty	73384
thousand dollars under division (C)(2) of this section.	73385

(2) The annual license fee for an infectious waste treatment	73386
facility that is an incinerator is one-half the amount shown in	73387
division (C)(1) of this section.	73388

(3) Fees levied under divisions (C)(1) and (2) of this	73389
section shall apply to private operators and to the state and its	73390
political subdivisions and shall be paid within thirty days after	73391
issuance of a license. The fee includes the cost of licensing, all	73392
inspections, and other costs associated with the administration of	73393
the infectious waste provisions of this chapter and rules adopted	73394
under them. Each such license shall specify that it is conditioned	73395
upon payment of the applicable fee to the board of health or the	73396
director, as appropriate, within thirty days after issuance of the	73397
license.	73398

(4) The board of health shall retain two thousand five	73399
hundred dollars of each license fee collected by the board under	73400
divisions (C)(1) and (2) of this section. The moneys retained	73401
shall be paid into a special infectious waste fund, which is	73402
hereby created in each health district, and used solely to	73403
administer and enforce the infectious waste provisions of this	73404
chapter and the rules adopted under them. The remainder of each	73405
license fee collected by the board shall be transmitted to the	73406
director within forty-five days after receipt of the fee. The	73407
director shall transmit these moneys to the treasurer of state to	73408
be credited to the general revenue fund.	73409

Sec. 3734.18. (A) As used in this section:

73410

(1) "On-site facility" means a facility that treats or	73411
disposes of hazardous waste that is generated on the premises of	73412
the facility.	73413

(2) "Off-site facility" means a facility that treats or	73414
disposes of hazardous waste that is generated off the premises of	73415
the facility.	73416

(3) "Satellite facility" means any of the following:

73417

(a) An on-site facility that also receives hazardous waste	73418
from other premises owned by the same person who generates the	73419
waste on the facility premises;	73420

(b) An off-site facility operated so that all of the	73421
hazardous waste it receives is generated on one or more premises	73422
owned by the person who owns the facility;	73423

(c) An on-site facility that also receives hazardous waste	73424
that is transported uninterruptedly and directly to the facility	73425
through a pipeline from a generator who is not the owner of the	73426
facility.	73427

(B) A treatment or disposal facility that is subject to the	73428
fees that are levied under this section may be both an on-site	73429
facility and an off-site facility. The determination of whether an	73430
on-site facility fee or an off-site facility fee is to be paid for	73431
a hazardous waste that is treated or disposed of at the facility	73432
shall be based on whether that hazardous waste was generated on or	73433
off the premises of the facility.	73434

(C) There are hereby levied fees on the disposal of hazardous	73435
waste to be collected according to the following schedule at each	73436
disposal facility to which a hazardous waste facility installation	73437
and operation permit or renewal of a permit has been issued under	73438
this chapter or that is operating in accordance with a permit by	73439
rule under rules adopted by the director of environmental	73440
protection:	73441

(1) For disposal facilities that are off-site facilities,	73442
fees shall be levied at the rate of four dollars and fifty cents	73443
per ton for hazardous waste disposed of by deep well injection and	73444
nine dollars per ton for hazardous waste disposed of by land	73445
application or landfilling. The owner or operator of the facility,	73446
as a trustee for the state, shall collect the fees and forward	73447
them to the director in accordance with rules adopted under this	73448
section.	73449

(2) For disposal facilities that are on-site or satellite	73450
facilities, fees shall be levied at the rate of two dollars per	73451
ton for hazardous waste disposed of by deep well injection and	73452
four dollars per ton for hazardous waste disposed of by land	73453
application or landfilling. The maximum annual disposal fee for an	73454
on-site disposal facility that disposes of one hundred thousand	73455
tons or less of hazardous waste in a year is twenty-five thousand	73456
dollars. The maximum annual disposal fee for an on-site facility	73457
that disposes of more than one hundred thousand tons of hazardous	73458
waste in a year by land application or landfilling is fifty	73459
thousand dollars, and the maximum annual fee for an on-site	73460
facility that disposes of more than one hundred thousand tons of	73461
hazardous waste in a year by deep well injection is one hundred	73462
thousand dollars. The maximum annual disposal fee for a satellite	73463
facility that disposes of one hundred thousand tons or less of	73464
hazardous waste in a year is thirty-seven thousand five hundred	73465
dollars, and the maximum annual disposal fee for a satellite	73466
facility that disposes of more than one hundred thousand tons of	73467
hazardous waste in a year is seventy-five thousand dollars, except	73468
that a satellite facility defined under division (A)(3)(b) of this	73469
section that receives hazardous waste from a single generation	73470
site is subject to the same maximum annual disposal fees as an	73471
on-site disposal facility. The owner or operator shall pay the fee	73472
to the director each year upon the anniversary of the date of	73473
issuance of the owner's or operator's installation and operation	73474
permit during the term of that permit and any renewal permit	73475
issued under division (H) of section 3734.05 of the Revised Code	73476
or on the anniversary of the date of a permit by rule. If payment	73477
is late, the owner or operator shall pay an additional ten per	73478
cent of the amount of the fee for each month that it is late.	73479

(D) There are hereby levied fees at the rate of two dollars	73480
per ton on hazardous waste that is treated at treatment facilities	73481
that are not on-site or satellite facilities to which a hazardous	73482
waste facility installation and operation permit or renewal of a	73483
permit has been issued under this chapter, whose owner or operator	73484
is operating in accordance with a permit by rule under rules	73485
adopted by the director, or that are not subject to the hazardous	73486
waste facility installation and operation permit requirements	73487
under rules adopted by the director.	73488

(E) There are hereby levied additional fees on the treatment	73489
and disposal of hazardous waste at the rate of ten per cent of the	73490
applicable fees prescribed in division (C) or (D) of this section	73491
for the purposes of paying the costs of municipal corporations and	73492
counties for conducting reviews of applications for hazardous	73493
waste facility installation and operation permits for proposed new	73494
or modified hazardous waste landfills within their boundaries,	73495
emergency response actions with respect to releases of hazardous	73496
waste from hazardous waste facilities within their boundaries,	73497
monitoring the operation of such hazardous waste facilities, and	73498
local waste management planning programs. The owner or operator of	73499
a facility located within a municipal corporation, as a trustee	73500
for the municipal corporation, shall collect the fees levied by	73501
this division and forward them to the treasurer of the municipal	73502
corporation or such officer as, by virtue of the charter, has the	73503
duties of the treasurer in accordance with rules adopted under	73504
this section. The owner or operator of a facility located in an	73505
unincorporated area, as a trustee of the county in which the	73506
facility is located, shall collect the fees levied by this	73507
division and forward them to the county treasurer of that county	73508
in accordance with rules adopted under this section. The owner or	73509
operator shall pay the fees levied by this division to the	73510
treasurer or such other officer of the municipal corporation or to	73511
the county treasurer each year upon the anniversary of the date of	73512
issuance of the owner's or operator's installation and operation	73513
permit during the term of that permit and any renewal permit	73514
issued under division (H) of section 3734.05 of the Revised Code	73515
or on the anniversary of the date of a permit by rule or the date	73516
on which the facility became exempt from hazardous waste facility	73517
installation and operation permit requirements under rules adopted	73518
by the director. If payment is late, the owner or operator shall	73519
pay an additional ten per cent of the amount of the fee for each	73520
month that the payment is late.	73521

Moneys received by a municipal corporation under this	73522
division shall be paid into a special fund of the municipal	73523
corporation and used exclusively for the purposes of conducting	73524
reviews of applications for hazardous waste facility installation	73525
and operation permits for new or modified hazardous waste	73526
landfills located or proposed within the municipal corporation,	73527
conducting emergency response actions with respect to releases of	73528
hazardous waste from facilities located within the municipal	73529
corporation, monitoring operation of such hazardous waste	73530
facilities, and conducting waste management planning programs	73531
within the municipal corporation through employees of the	73532
municipal corporation or pursuant to contracts entered into with	73533
persons or political subdivisions. Moneys received by a board of	73534
county commissioners under this division shall be paid into a	73535
special fund of the county and used exclusively for those purposes	73536
within the unincorporated area of the county through employees of	73537
the county or pursuant to contracts entered into with persons or	73538
political subdivisions.	73539

(F) As used in this section, "treatment" or "treated" does	73540
not include any method, technique, or process designed to recover	73541
energy or material resources from the waste or to render the waste	73542
amenable for recovery. The fees levied by division (D) of this	73543
section do not apply to hazardous waste that is treated and	73544
disposed of on the same premises or by the same person.	73545

(G) The director, by rules adopted in accordance with	73546
Chapters 119. and 3745. of the Revised Code, shall prescribe any	73547
dates not specified in this section and procedures for collecting	73548
and forwarding the fees prescribed by this section and may	73549
prescribe other requirements that are necessary to carry out this	73550
section.	73551

The director shall deposit the moneys collected under	73552
divisions (C) and (D) of this section ~~into one or more minority~~	73553
~~banks, as "minority bank" is defined in division (F)(1) of section~~	73554
~~135.04 of the Revised Code,~~ to the credit of the hazardous waste	73555
facility management fund, which is hereby created in the state	73556
treasury, except that the director shall deposit to the credit of	73557
the underground injection control fund created in section 6111.046	73558
of the Revised Code moneys in excess of fifty thousand dollars	73559
that are collected during a fiscal year under division (C)(2) of	73560
this section from the fee levied on the disposal of hazardous	73561
waste by deep well injection at an on-site disposal facility that	73562
disposes of more than one hundred thousand tons of hazardous waste	73563
in a year.	73564

The environmental protection agency may use moneys in the	73565
hazardous waste facility management fund for administration of the	73566
hazardous waste program established under this chapter and, in	73567
accordance with this section, may request approval by the	73568
controlling board on an annual basis for that use ~~on an annual~~	73569
~~basis. In addition, the agency may use and pledge moneys in that~~	73570
~~fund for repayment of and for interest on any loans made by the~~	73571
~~Ohio water development authority to the agency for the hazardous~~	73572
~~waste program established under this chapter without the necessity~~	73573
~~of requesting approval by the controlling board, which use and~~	73574
~~pledge shall have priority over any other use of the moneys in the~~	73575
~~fund~~and for the purposes specified in sections 3734.19 to 3734.27	73576
of the Revised Code.	73577

~~Until September 28, 1996, the director also may use moneys in~~	73578
~~the fund to pay the start-up costs of administering Chapter 3746.~~	73579
~~of the Revised Code.~~	73580

If moneys in the fund that the agency uses in accordance with	73581
this chapter are reimbursed by grants or other moneys from the	73582
United States government, the grants or other moneys shall be	73583
placed in the fund.	73584

Before the agency makes any expenditure from the fund other	73585
than for repayment of and interest on any loan made by the Ohio	73586
water development authority to the agency ~~in accordance with this~~	73587
~~section~~, the controlling board shall approve the expenditure.	73588

Sec. 3734.19. (A) If the legislative or executive authority	73589
of a municipal corporation, county, or township has evidence to	73590
indicate that locations within its boundaries once served as	73591
hazardous waste facilities or that significant quantities of	73592
hazardous waste were disposed of in solid waste facilities within	73593
its boundaries, it may file a formal written request with the	73594
director of environmental protection, accompanied by supporting	73595
evidence, to survey the locations or facilities.	73596

Upon receipt of a request and a review of the evidence	73597
submitted with the request, the director shall conduct an	73598
investigation to determine if hazardous waste was actually	73599
treated, stored, or disposed of at the locations or facilities	73600
and, if so, to determine the nature and approximate quantity and	73601
types of the waste treated, stored, or disposed of at the	73602
particular locations or facilities. In addition, the director	73603
shall determine whether the locations or facilities, because of	73604
their present condition and the nature and quantities of waste	73605
treated, stored, or disposed of therein, result or are likely to	73606
result in air pollution, pollution of the waters of the state, or	73607
soil contamination or constitute a present or imminent and	73608
substantial threat to public health or safety. The director shall	73609
report the findings of ~~his~~the investigation to the municipal	73610
corporation, county, or township requesting the survey.	73611

For the purpose of conducting investigations under this	73612
section, the director or ~~his~~the director's authorized	73613
representative may enter upon any public or private property. The	73614
director or ~~his~~the director's authorized representative may apply	73615
for, and any judge of a court of common pleas shall issue, an	73616
appropriate search warrant necessary to achieve the purposes of	73617
this section within the court's territorial jurisdiction. When	73618
conducting investigations under this section, the director shall	73619
cause no unnecessary damage to any property. The director may	73620
expend moneys from the hazardous waste facility management fund	73621
created in section 3734.18 of the Revised Code, the hazardous	73622
waste clean-up fund created in section 3734.28 of the Revised	73623
Code, or the environmental protection remediation fund created in	73624
section 3734.281 of the Revised Code for conducting	73625
investigations.	73626

(B) As used in this section and in sections 3734.20, 3734.21,	73627
3734.23, 3734.25, and 3734.26 of the Revised Code, "soil	73628
contamination" means the presence in or on the soil of any	73629
hazardous waste or hazardous waste residue resulting from the	73630
discharge, deposit, injection, dumping, spilling, leaking,	73631
emitting, or placing into or on the soil of hazardous waste or	73632
hazardous waste residue, or any material that when discharged,	73633
deposited, injected, dumped, spilled, leaked, emitted, or placed	73634
into or on the soil becomes a hazardous waste, in any quantity or	73635
having any characteristics that are or threaten to be injurious to	73636
public health or safety, plant or animal life, or the environment	73637
or that unreasonably interfere with the comfortable enjoyment of	73638
life or property.	73639

Sec. 3734.20. (A) If the director of environmental	73640
protection has reason to believe that hazardous waste was treated,	73641
stored, or disposed of at any location within the state, the	73642
director may conduct such investigations and make such inquiries,	73643
including obtaining samples and examining and copying records, as	73644
are reasonable or necessary to determine if conditions at a	73645
hazardous waste facility, solid waste facility, or other location	73646
where the director has reason to believe hazardous waste was	73647
treated, stored, or disposed of constitute a substantial threat to	73648
public health or safety or are causing or contributing to or	73649
threatening to cause or contribute to air or water pollution or	73650
soil contamination. The director or the director's authorized	73651
representative may apply for, and any judge of a court of common	73652
pleas shall issue, an appropriate search warrant necessary to	73653
achieve the purposes of this section within the court's	73654
territorial jurisdiction. The director may expend moneys from the	73655
hazardous waste facility management fund created in section	73656
3734.18 of the Revised Code, the hazardous waste clean-up fund	73657
created in section 3734.28 of the Revised Code, or the	73658
environmental protection remediation fund created in section	73659
3734.281 of the Revised Code for conducting investigations under	73660
this section.	73661

(B) If the director determines that conditions at a hazardous	73662
waste facility, solid waste facility, or other location where	73663
hazardous waste was treated, stored, or disposed of constitute a	73664
substantial threat to public health or safety or are causing or	73665
contributing to or threatening to cause or contribute to air or	73666
water pollution or soil contamination, the director shall initiate	73667
appropriate action under this chapter or Chapter 3704. or 6111. of	73668
the Revised Code or seek any other appropriate legal or equitable	73669
remedies to abate the pollution or contamination or to protect	73670
public health or safety.	73671

If an order of the director to abate or prevent air or water	73672
pollution or soil contamination or to remedy a threat to public	73673
health or safety caused by conditions at such a facility issued	73674
pursuant to this chapter or Chapter 3704. or 6111. of the Revised	73675
Code is not wholly complied with within the time prescribed in the	73676
order, the director may, through officers or employees of the	73677
environmental protection agency or through contractors employed	73678
for that purpose in accordance with the bidding procedure	73679
established in division (C) of section 3734.23 of the Revised	73680
Code, enter upon the facility and perform those measures necessary	73681
to abate or prevent air or water pollution or soil contamination	73682
from the facility or to protect public health or safety,	73683
including, but not limited to, measures prescribed in division (B)	73684
of section 3734.23 of the Revised Code. The director shall keep an	73685
itemized record of the cost of the investigation and measures	73686
performed, including costs for labor, materials, and any contract	73687
services required. Upon completion of the investigation or	73688
measures, the director shall record the cost of performing those	73689
measures at the office of the county recorder of the county in	73690
which the facility is located. The cost so recorded constitutes a	73691
lien against the property on which the facility is located until	73692
discharged. Upon written request of the director, the attorney	73693
general shall institute a civil action to recover the cost. Any	73694
moneys so received shall be credited to the hazardous waste	73695
facility management fund, the hazardous waste clean-up fund, or	73696
the environmental protection remediation fund, as applicable.	73697

When entering upon a facility under this division, the	73698
director shall perform or cause to be performed only those	73699
measures necessary to abate or prevent air or water pollution or	73700
soil contamination caused by conditions at the facility or to	73701
abate threats to public health or safety caused by conditions at	73702
the facility. For this purpose the director may expend moneys from	73703
~~either~~the hazardous waste facility management fund, the hazardous	73704
waste clean-up fund, or the environmental protection remediation	73705
fund and may expend moneys from loans from the Ohio water	73706
development authority to the environmental protection agency that	73707
pledge moneys from ~~either~~the hazardous waste facility management	73708
fund, the hazardous waste clean-up fund, or the environmental	73709
protection remediation fund for the repayment of and for the	73710
interest on such loans.	73711

Sec. 3734.21. (A) The director of environmental protection	73712
may expend moneys credited to the hazardous waste facility	73713
management fund created in section 3734.18 of the Revised Code,	73714
the hazardous waste clean-up fund created in section 3734.28 of	73715
the Revised Code, or the environmental protection remediation fund	73716
created in section 3734.281 of the Revised Code for the payment of	73717
the cost of measures necessary for the proper closure of hazardous	73718
waste facilities or any solid waste facilities containing	73719
significant quantities of hazardous waste, for the payment of	73720
costs of the development and construction of suitable hazardous	73721
waste facilities required by division (B) of section 3734.23 of	73722
the Revised Code to the extent the director determines that such	73723
facilities are not available, and for the payment of costs that	73724
are necessary to abate conditions thereon that are causing or	73725
contributing to or threatening to cause or contribute to air or	73726
water pollution or soil contamination or that constitute a	73727
substantial threat to public health or safety. In addition, the	73728
director may expend and pledge moneys credited to ~~either~~the	73729
hazardous waste facility management fund, the hazardous waste	73730
clean-up fund, or the environmental protection remediation fund	73731
for repayment of and for interest on any loan made by the Ohio	73732
water development authority to the environmental protection agency	73733
for the payment of such costs.	73734

(B) Before beginning to clean up any facility under this	73735
section, the director shall develop a plan for the cleanup and an	73736
estimate of the cost thereof. The plan shall include only those	73737
measures necessary to abate conditions thereon that are causing or	73738
contributing to or threatening to cause or contribute to air or	73739
water pollution or soil contamination or that constitute a	73740
substantial threat to public health or safety, including, but not	73741
limited to, establishment and maintenance of an adequate cover of	73742
soil and vegetation on any facility for the burial of hazardous	73743
waste to prevent the infiltration of water into cells where	73744
hazardous waste is buried, the accumulation or runoff of	73745
contaminated surface water, the production of leachate, and air	73746
emissions of hazardous waste; the collection and treatment of	73747
contaminated surface water runoff; the collection and treatment of	73748
leachate; or, if conditions so require, the removal of hazardous	73749
waste from the facility and the treatment or disposal of the waste	73750
at a suitable hazardous waste facility. The plan or any part of	73751
the plan for the cleanup of the facility shall be carried out by	73752
entering into contracts therefor in accordance with the procedures	73753
established in division (C) of section 3734.23 of the Revised	73754
Code.	73755

Sec. 3734.22. Before beginning to clean up any facility	73756
under section 3734.21 of the Revised Code, the director of	73757
environmental protection shall endeavor to enter into an agreement	73758
with the owner of the land on which the facility is located, or	73759
with the owner of the facility, specifying the measures to be	73760
performed and authorizing the director, employees of the agency,	73761
or contractors retained by the director to enter upon the land and	73762
perform the specified measures.	73763

Each agreement may contain provisions for the reimbursement	73764
of the state for the costs of the cleanup.	73765

All reimbursements and payments shall be credited to the	73766
hazardous waste facility management fund created in section	73767
3734.18 of the Revised Code, the hazardous waste clean-up fund	73768
created in section 3734.28 of the Revised Code, or the	73769
environmental protection remediation fund created in section	73770
3734.281 of the Revised Code, as applicable.	73771

The agreement may require the owner to execute an easement	73772
whereby the director, an authorized employee of the agency, or a	73773
contractor employed by the agency in accordance with the bidding	73774
procedure established in division (C) of section 3734.23 of the	73775
Revised Code may enter upon the facility to sample, repair, or	73776
reconstruct air and water quality monitoring equipment constructed	73777
under the agreement. Such easements shall be for a specified	73778
period of years and may be extinguished by agreement between the	73779
owner and the director. When necessary to protect the public	73780
health or safety, the agreement may require the owner to enter	73781
into an environmental covenant with the director in accordance	73782
with sections 5301.80 to 5301.92 of the Revised Code.	73783

Upon a breach of the reimbursement provisions of the	73784
agreement by the owner of the land or facility, or upon	73785
notification to the director by the owner that the owner is unable	73786
to perform the duties under the reimbursement provisions of the	73787
agreement, the director may record the unreimbursed portion of the	73788
costs of cleanup at the office of the county recorder of the	73789
county in which the facility is located. The costs so recorded	73790
constitute a lien against the property on which the facility is	73791
located until discharged. Upon written request of the director,	73792
the attorney general shall institute a civil action to recover the	73793
unreimbursed portion of the costs of cleanup. Any moneys so	73794
recovered shall be credited to the hazardous waste facility	73795
management fund, the hazardous waste clean-up fund, or the	73796
environmental protection remediation fund, as applicable.	73797

Sec. 3734.23. (A) The director of environmental protection	73798
may acquire by purchase, gift, donation, contribution, or	73799
appropriation in accordance with sections 163.01 to 163.21 of the	73800
Revised Code any hazardous waste facility or any solid waste	73801
facility containing significant quantities of hazardous waste	73802
that, because of its condition and the types and quantities of	73803
hazardous waste contained in the facility, constitutes an imminent	73804
and substantial threat to public health or safety or results in	73805
air pollution, pollution of the waters of the state, or soil	73806
contamination. For this purpose and for the purposes of division	73807
(B) of this section, the director may expend moneys from the	73808
hazardous waste facility management fund created in section	73809
3734.18 of the Revised Code, the hazardous waste clean-up fund	73810
created in section 3734.28 of the Revised Code, or the	73811
environmental protection remediation fund created in section	73812
3734.281 of the Revised Code and may expend moneys from loans from	73813
the Ohio water development authority to the environmental	73814
protection agency that pledge moneys from ~~either~~the hazardous	73815
waste facility management fund, the hazardous waste clean-up fund,	73816
or the environmental protection remediation fund for the repayment	73817
of and for the interest on such loans. Any lands or facilities	73818
purchased or acquired under this section shall be deeded to the	73819
state, but no deed shall be accepted or the purchase price paid	73820
until the title has been approved by the attorney general.	73821

(B) The director shall, with respect to any land or facility	73822
acquired under this section or cleaned up under section 3734.20 of	73823
the Revised Code, perform closure or other measures necessary to	73824
abate conditions thereon that are causing or contributing to or	73825
threatening to cause or contribute to air or water pollution or	73826
soil contamination or that constitute a substantial threat to	73827
public health or safety, including, but not limited to,	73828
establishment and maintenance of an adequate cover of soil and	73829
vegetation on any facility for the burial of hazardous waste to	73830
prevent the infiltration of water into cells where hazardous waste	73831
is buried, the accumulation or runoff of contaminated surface	73832
water, the production of leachate, and air emissions of hazardous	73833
waste; the collection and treatment of contaminated surface water	73834
runoff; the collection and treatment of leachate; or, if	73835
conditions so require, the removal of hazardous waste from the	73836
facility and the treatment or disposal of the waste at a suitable	73837
hazardous waste facility. After performing these measures, the	73838
director shall provide for the post-closure care, maintenance, and	73839
monitoring of facilities cleaned up under this section.	73840

(C) Before proceeding to clean up any facility under this	73841
section or section 3734.20 or 3734.21 of the Revised Code, the	73842
director shall develop a plan for the cleanup of the facility and	73843
an estimate of the cost thereof. The director may carry out the	73844
plan or any part of the plan by contracting for the services,	73845
construction, and repair necessary therefor. The director shall	73846
award each such contract to the lowest responsible bidder after	73847
sealed bids therefor are received, opened, and published at the	73848
time fixed by the director and notice of the time and place at	73849
which the sealed bids will be received, opened, and published has	73850
been published by the director in a newspaper of general	73851
circulation in the county in which the facility to be cleaned up	73852
under the contract is located at least once within the ten days	73853
before the opening of the bids. However, if after advertising for	73854
bids for the contract, no bids are received by the director at the	73855
time and place fixed for receiving them, the director may	73856
advertise again for bids, or the director may, if the director	73857
considers the public interest will best be served thereby, enter	73858
into a contract for the cleanup of the facility without further	73859
advertisement for bids. The director may reject any or all bids	73860
received and fix and publish again notice of the time and place at	73861
which bids for the contracts will be received, opened, and	73862
published.	73863

(D) The director shall keep an itemized record of the costs	73864
of any acquisition under division (A) of this section and the	73865
costs of cleanup under division (B) of this section.	73866

Sec. 3734.24. After the cleanup of a solid waste facility or	73867
a hazardous waste facility acquired and cleaned up under section	73868
3734.23 of the Revised Code, the director of environmental	73869
protection may, if the facility is suitable for use by any other	73870
state department, agency, office, or institution and if the	73871
proposed use of the facility is compatible with the condition of	73872
the facility as cleaned up, transfer the facility to that state	73873
department, agency, office, or institution. The director shall	73874
continue to provide for the post-closure care, maintenance, and	73875
monitoring of any such cleaned-up facility as required by section	73876
3734.23 of the Revised Code.	73877

If the director determines that any facility so cleaned up is	73878
suitable, because of its condition as cleaned up, for restricted	73879
or unrestricted use, the director may, with the approval of the	73880
attorney general, sell the facility if the sale is advantageous to	73881
the state. Prior to selling the cleaned-up facility, the director	73882
shall, when necessary to protect public health or safety, enter	73883
into an environmental covenant in accordance with sections 5301.80	73884
to 5301.92 of the Revised Code. When selling any such cleaned-up	73885
facility, the director shall retain the right to enter upon the	73886
facility, in person or by an authorized agent, to provide for the	73887
post-closure care, maintenance, and monitoring of the facility.	73888
The director shall provide for the post-closure care, maintenance,	73889
and monitoring of any such facility sold as required by section	73890
3734.23 of the Revised Code.	73891

With the approval of the attorney general, the director may	73892
grant easements or leases on any such cleaned-up facility if the	73893
director determines that the use of the facility under the	73894
easement or lease is compatible with its condition as cleaned up.	73895

Any moneys derived from the sale of such cleaned-up	73896
facilities or from payments from easements or leases shall be	73897
credited to the hazardous waste facility management fund created	73898
in section 3734.18 of the Revised Code, the hazardous waste	73899
clean-up fund created in section 3734.28 of the Revised Code, or	73900
the environmental protection remediation fund created in section	73901
3734.281 of the Revised Code, as applicable.	73902

Sec. 3734.25. (A) The director of environmental protection	73903
may make grants of moneys from the hazardous waste facility	73904
management fund created in section 3734.18 of the Revised Code or	73905
the hazardous waste clean-up fund created in section 3734.28 of	73906
the Revised Code for payment by the state of up to two-thirds of	73907
the reasonable and necessary expenses incurred by a municipal	73908
corporation, county, or township for the proper closure of or	73909
abatement of air or water pollution or soil contamination from a	73910
solid waste facility in which significant quantities of hazardous	73911
waste were disposed of and that the political subdivision owns and	73912
once operated.	73913

(B) A municipal corporation, county, or township shall submit	73914
an application for a grant on forms provided by the director,	73915
together with detail plans and specifications indicating the	73916
measures to be performed, an itemized estimate of the project's	73917
cost, a description of the project's benefits, and such other	73918
information as the director prescribes. The plan for closure or	73919
abatement of air or water pollution or soil contamination may be	73920
prepared in consultation with the director or the board of health	73921
of the city or general health district in which the facility is	73922
located. The director may award the applicant a grant only if the	73923
director finds that the proposed measures will provide for the	73924
proper closure of the facility and will abate or prevent air or	73925
water pollution or soil contamination, including, but not limited	73926
to, those measures necessary or desirable to:	73927

(1) In the case of a facility at which land burial of	73928
hazardous waste occurred, establish and maintain a suitable cover	73929
of soil and vegetation over the cells in which waste is buried in	73930
order to minimize erosion, the infiltration of surface water into	73931
the cells, the production of leachate, and the accumulation or	73932
runoff of contaminated surface waters and to prevent air emissions	73933
of hazardous waste from the facility;	73934

(2) Collect and treat contaminated surface water runoff from	73935
the facility;	73936

(3) Collect and treat leachate produced at the facility;

73937

(4) Install test wells and other equipment or facilities to	73938
monitor the quality of surface waters receiving runoff from the	73939
facility or to monitor air emissions of hazardous waste from the	73940
facility;	73941

(5) Regularly monitor and analyze surface water runoff from	73942
the facility, the quality of waters receiving the runoff, and	73943
ground water quality in the vicinity of the facility, and	73944
regularly monitor leachate collection and treatment systems	73945
installed under the grant and analyze samples from them;	73946

(6) Remove and dispose of hazardous waste from the facility	73947
at a suitable hazardous waste disposal facility where necessary to	73948
protect public health or safety or to prevent or abate air or	73949
water pollution or soil contamination.	73950

(C) The director shall determine the amount of the grant	73951
based upon the director's determination of what constitutes	73952
reasonable and necessary expenses for the proper closure of the	73953
facility or for the prevention or elimination of air or water	73954
pollution or soil contamination from the facility. In making a	73955
grant, the director shall enter into a contract with the municipal	73956
corporation, county, or township that owns the facility to ensure	73957
that the moneys granted are used for the purposes of this section	73958
and that measures performed are properly done. The final payment	73959
under a grant may not be made until the director inspects and	73960
approves the completed cleanup.	73961

The contract shall require the municipal corporation, county,	73962
or township to execute an easement whereby the director, an	73963
authorized employee of the agency, or a contractor employed by the	73964
director may enter upon the facility to sample, repair, or	73965
reconstruct air and water quality monitoring equipment constructed	73966
under the contract. Such easements shall be for a specified period	73967
of years and may be extinguished by agreement between the	73968
political subdivision and the director.	73969

When necessary to protect public health or safety, the	73970
contract may require the municipal corporation, county, or	73971
township to enter into an environmental covenant with the director	73972
in accordance with sections 5301.80 to 5301.92 of the Revised	73973
Code.	73974

Sec. 3734.26. (A) The director of environmental protection	73975
may make grants of moneys from the hazardous waste facility	73976
management fund created in section 3734.18 of the Revised Code or	73977
the hazardous waste clean-up fund created in section 3734.28 of	73978
the Revised Code to the owner, other than a political subdivision,	73979
of a solid waste facility in which significant quantities of	73980
hazardous waste were disposed of or a hazardous waste facility for	73981
up to fifty per cent of the cost of the reasonable and necessary	73982
expenses incurred for the proper closure of or abatement or	73983
prevention of air or water pollution or soil contamination from	73984
the facility and for developing the land on which it was located	73985
for use in industry, commerce, distribution, or research.	73986

The director shall not make grants to the owner of any land	73987
on which such facilities are located if the owner at any time	73988
owned or operated the facility located thereon for profit or in	73989
conjunction with any profit-making enterprise located in this	73990
state or to any person who at any time owned or operated a	73991
facility concerning which the director has taken action under	73992
section 3734.20, 3734.22, or 3734.23 of the Revised Code. However,	73993
the director may make grants under this section to any subsequent	73994
owner of the land, provided that the person has no affiliation	73995
with any person who owned or operated the facility located on the	73996
land for profit or in conjunction with any profit-making	73997
enterprise located in this state or who owned or operated a	73998
facility concerning which the director has taken action under	73999
section 3734.20, 3734.22, or 3734.23 of the Revised Code.	74000

(B) The owner shall submit an application for a grant on	74001
forms furnished by the director, together with detail plans and	74002
specifications for the measures to be performed to close the	74003
facility properly or to abate or prevent air or water pollution or	74004
soil contamination from the facility, an itemized estimate of the	74005
project's cost, a description of the project's estimated benefits,	74006
and such other information as the director prescribes. The plan	74007
may be prepared in consultation with the director or with the	74008
board of health of the city or general health district in which	74009
the facility is located. The director may award the applicant a	74010
grant only after finding that the proposed measures will provide	74011
for the proper closure of the facility or will abate or prevent	74012
air or water pollution or soil contamination from the facility,	74013
including, but not limited to, those measures necessary or	74014
desirable to:	74015

(1) In the case of a facility for the land burial of	74016
hazardous waste, establish and maintain a suitable cover of soil	74017
and vegetation over the cells in which waste is buried in order to	74018
minimize erosion, the infiltration of surface water into the	74019
cells, the production of leachate, and the accumulation or runoff	74020
of contaminated surface water and to prevent air emissions of	74021
hazardous waste from the facility;	74022

(2) Collect and treat contaminated surface water runoff from	74023
the facility;	74024

(3) Collect and treat leachate produced at the facility;

74025

(4) Install test wells and other equipment or facilities to	74026
monitor the quality of surface waters receiving runoff from the	74027
facility or to monitor air emissions of hazardous waste from the	74028
facility;	74029

(5) Regularly monitor and analyze surface water runoff from	74030
the facility, the quality of waters receiving the runoff, and	74031
ground water quality in the vicinity of the facility, and	74032
regularly monitor leachate collection and treatment systems	74033
installed under the grant and analyze samples from them;	74034

(6) Remove and dispose of hazardous waste from the facility	74035
at a suitable hazardous waste disposal facility where necessary to	74036
protect public health or safety or to abate or prevent air or	74037
water pollution or soil contamination.	74038

(C) The director shall determine the amount of the grant	74039
based upon the director's determination of what constitutes	74040
reasonable and necessary expenses for the proper closure of the	74041
facility or for the abatement or prevention of air or water	74042
pollution or soil contamination from the facility. The amount of	74043
the grant shall not exceed one-half of the total, as determined by	74044
the director, of what constitutes reasonable and necessary	74045
expenses actually incurred for the proper closure of or abatement	74046
or prevention of air or water pollution or soil contamination from	74047
the facility.	74048

In making a grant, the director shall enter into a contract	74049
for funding with each applicant awarded a grant to ensure that the	74050
moneys granted are used for the purpose of this section and that	74051
the measures performed are properly performed. The final payment	74052
under a grant may not be made until the director inspects and	74053
approves the completed cleanup and the plans for developing the	74054
land for use in industry, commerce, distribution, or research.	74055

Each contract for funding shall contain provisions for the	74056
reimbursement of the state of a portion of the costs of the	74057
cleanup that is commensurate with the increase in the market value	74058
of the property attributable to the cleanup thereon, as determined	74059
by appraisals made before and after cleanup in the manner stated	74060
in the contract. For reimbursement of that portion, the contract	74061
may include provisions for:	74062

(1) Payment to the state of the share of the income derived	74063
from the productive use of the land;	74064

(2) Imposition of a lien in the amount of the increase in	74065
fair market value payable upon the transfer or conveyance to a new	74066
owner;	74067

(3) Waiver of all reimbursement if the determination	74068
discloses an increase in value that is insubstantial in comparison	74069
to the benefits to the public from the abatement of threats to	74070
public health or safety or from the abatement or prevention of	74071
pollution or contamination, considering the applicant's share of	74072
the cleanup cost.	74073

All reimbursements and payments shall be credited to the	74074
hazardous waste facility management fund or the hazardous waste	74075
clean-up fund ~~created in section 3734.28 of the Revised Code~~, as	74076
applicable.	74077

(D) The contract shall require the owner to execute an	74078
easement whereby the director, an authorized employee of the	74079
agency, or a contractor employed by the agency may enter upon the	74080
facility to sample, repair, or reconstruct air and water quality	74081
monitoring equipment constructed under the contract. Such	74082
easements shall be for a specified period of years and may be	74083
extinguished by agreement between the owner and the director. When	74084
necessary to protect the public health or safety, the contract may	74085
require the owner to enter into an environmental covenant with the	74086
director in accordance with sections 5301.80 to 5301.92 of the	74087
Revised Code.	74088

(E) As used in this section, "commerce" includes, but is not	74089
limited to, agriculture, forestry, and housing.	74090

Sec. 3734.27. Before making grants from the hazardous waste	74091
facility management fund created in section 3734.18 of the Revised	74092
Code or the hazardous waste clean-up fund created in section	74093
3734.28 of the Revised Code, the director of environmental	74094
protection shall consider each project application submitted by a	74095
political subdivision under section 3734.25 of the Revised Code,	74096
each application submitted by the owner of a facility under	74097
section 3734.26 of the Revised Code, and each facility surveyed	74098
under section 3734.19 of the Revised Code and, based upon the	74099
feasibility, cost, and public benefits of restoring the particular	74100
land and the availability of federal or other financial assistance	74101
for restoration, establish priorities for awarding grants from the	74102
fund.	74103

Sec. 3734.28. Except as otherwise provided in ~~section~~	74104
sections 3734.281 and 3734.282 of the Revised Code, moneys	74105
collected under sections 3734.122, 3734.13, 3734.20, 3734.22,	74106
3734.24, and 3734.26 of the Revised Code and under the	74107
"Comprehensive Environmental Response, Compensation, and Liability	74108
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended,	74109
including moneys recovered under division (B)(1) of this section,	74110
shall be paid into the state treasury to the credit of the	74111
hazardous waste clean-up fund, which is hereby created. In	74112
addition, ~~any moneys~~both of the following shall be credited to	74113
the fund:	74114

(A) Moneys recovered for costs paid from the fund for	74115
activities described in divisions (A)(1) and (2) of section	74116
3745.12 of the Revised Code ~~shall be credited to the fund~~;	74117

(B) Natural resource damage assessment costs recovered under	74118
any of the following:	74119

(1) The "Comprehensive Environmental Response, Compensation,	74120
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601, et	74121
seq., as amended;	74122

(2) The "Oil Pollution Act of 1990," 104 Stat. 484, 33 U.S.C.	74123
2701, et seq., as amended;	74124

(3) The Federal Water Pollution Control Act as defined in	74125
section 6111.01 of the Revised Code;	74126

(4) Any other applicable federal or state law. ~~The~~

74127

The environmental protection agency shall use the moneys in	74128
the fund for the purposes set forth in division (D) of section	74129
3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25,	74130
3734.26, and 3734.27, divisions (A)(1) and (2) of section 3745.12,	74131
and Chapter 3746. of the Revised Code, including any related	74132
enforcement expenses. In addition, the agency shall use the moneys	74133
in the fund to pay the state's long-term operation and maintenance	74134
costs or matching share for actions taken under the "Comprehensive	74135
Environmental Response, Compensation, and Liability Act of 1980,"	74136
as amended. If those moneys are reimbursed by grants or other	74137
moneys from the United States or any other person, the moneys	74138
shall be placed in the fund and not in the general revenue fund.	74139

The director of environmental protection may enter into	74140
contracts and grant agreements with federal, state, or local	74141
government agencies, nonprofit organizations, and colleges and	74142
universities for the purpose of carrying out the responsibilities	74143
of the environmental protection agency for which money may be	74144
expended from the fund.	74145

Sec. 3734.282. ~~All~~Except for natural resource damage	74146
assessment costs recovered by the state that are required by	74147
section 3734.28 of the Revised Code to be credited to the	74148
hazardous waste clean-up fund created in that section, all money	74149
collected by the state for natural resources damages under the	74150
"Comprehensive Environmental Response, Compensation, and Liability	74151
Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601 et seq., as amended,	74152
the "Oil Pollution Act of 1990," 104 Stat. 484, 33 U.S.C. 2701 et	74153
seq., as amended, the ~~"Clean~~Federal Water Pollution Control Act,"	74154
~~86 Stat. 862, 33 U.S.C. 1321,~~ as ~~amended~~defined in section	74155
6111.01 of the Revised Code, or any other applicable federal or	74156
state law shall be paid into the state treasury to the credit of	74157
the natural resource damages fund, which is hereby created. The	74158
director of environmental protection shall use money in the fund	74159
only in accordance with the purposes of and the limitations on	74160
natural resources damages set forth in the "Comprehensive	74161
Environmental Response, Compensation, and Liability Act of 1980,"	74162
as amended, the "Oil Pollution Act of 1990," as amended, the	74163
~~"Clean~~Federal Water Pollution Control Act~~," as amended~~, or	74164
another applicable federal or state law. All investment earnings	74165
of the fund shall be credited to the fund.	74166

The director of environmental protection may enter into	74167
contracts and grant agreements with federal, state, or local	74168
government agencies, nonprofit organizations, and colleges and	74169
universities for the purpose of carrying out the director's	74170
responsibilities for which money may be expended from the fund.	74171

Sec. 3734.57. (A) The following fees are hereby levied on	74172
the transfer or disposal of solid wastes in this state:	74173

(1) One dollar per ton ~~on and after July 1, 2003,~~ through	74174
June 30, ~~2012~~2014, one-half of the proceeds of which shall be	74175
deposited in the state treasury to the credit of the hazardous	74176
waste facility management fund created in section 3734.18 of the	74177
Revised Code and one-half of the proceeds of which shall be	74178
deposited in the state treasury to the credit of the hazardous	74179
waste clean-up fund created in section 3734.28 of the Revised	74180
Code;	74181

(2) An additional one dollar per ton ~~on and after July 1,~~	74182
~~2003,~~ through June 30, ~~2012~~2014, the proceeds of which shall be	74183
deposited in the state treasury to the credit of the solid waste	74184
fund, which is hereby created. The environmental protection agency	74185
shall use money in the solid waste fund to pay the costs of	74186
administering and enforcing the laws pertaining to solid wastes,	74187
infectious wastes, and construction and demolition debris,	74188
including, without limitation, ground water evaluations related to	74189
solid wastes, infectious wastes, and construction and demolition	74190
debris, under this chapter and Chapter 3714. of the Revised Code	74191
and any rules adopted under them, providing compliance assistance	74192
to small businesses, and paying a share of the administrative	74193
costs of the environmental protection agency pursuant to section	74194
3745.014 of the Revised Code.	74195

(3) An additional ~~one dollar~~two dollars and fifty cents per	74196
ton ~~on and after July 1, 2005,~~ through June 30, ~~2012~~2014, the	74197
proceeds of which shall be deposited in the state treasury to the	74198
credit of the environmental protection fund created in section	74199
3745.015 of the Revised Code;	74200

(4) ~~An additional one dollar per ton on and after August 1,~~	74201
~~2009, through June 30, 2012, the proceeds of which shall be~~	74202
~~deposited in the state treasury to the credit of the environmental~~	74203
~~protection fund.~~	74204

~~(5)~~ An additional twenty-five cents per ton ~~on and after~~	74205
~~August 1, 2009,~~ through June 30, ~~2012~~2013, the proceeds of which	74206
shall be deposited in the state treasury to the credit of the soil	74207
and water conservation district assistance fund created in section	74208
1515.14 of the Revised Code.	74209

In the case of solid wastes that are taken to a solid waste	74210
transfer facility located in this state prior to being transported	74211
for disposal at a solid waste disposal facility located in this	74212
state or outside of this state, the fees levied under this	74213
division shall be collected by the owner or operator of the	74214
transfer facility as a trustee for the state. The amount of fees	74215
required to be collected under this division at such a transfer	74216
facility shall equal the total tonnage of solid wastes received at	74217
the facility multiplied by the fees levied under this division. In	74218
the case of solid wastes that are not taken to a solid waste	74219
transfer facility located in this state prior to being transported	74220
to a solid waste disposal facility, the fees shall be collected by	74221
the owner or operator of the solid waste disposal facility as a	74222
trustee for the state. The amount of fees required to be collected	74223
under this division at such a disposal facility shall equal the	74224
total tonnage of solid wastes received at the facility that was	74225
not previously taken to a solid waste transfer facility located in	74226
this state multiplied by the fees levied under this division. Fees	74227
levied under this division do not apply to materials separated	74228
from a mixed waste stream for recycling by a generator or	74229
materials removed from the solid waste stream through recycling,	74230
as "recycling" is defined in rules adopted under section 3734.02	74231
of the Revised Code.	74232

The owner or operator of a solid waste transfer facility or	74233
disposal facility, as applicable, shall prepare and file with the	74234
director of environmental protection each month a return	74235
indicating the total tonnage of solid wastes received at the	74236
facility during that month and the total amount of the fees	74237
required to be collected under this division during that month. In	74238
addition, the owner or operator of a solid waste disposal facility	74239
shall indicate on the return the total tonnage of solid wastes	74240
received from transfer facilities located in this state during	74241
that month for which the fees were required to be collected by the	74242
transfer facilities. The monthly returns shall be filed on a form	74243
prescribed by the director. Not later than thirty days after the	74244
last day of the month to which a return applies, the owner or	74245
operator shall mail to the director the return for that month	74246
together with the fees required to be collected under this	74247
division during that month as indicated on the return or may	74248
submit the return and fees electronically in a manner approved by	74249
the director. If the return is filed and the amount of the fees	74250
due is paid in a timely manner as required in this division, the	74251
owner or operator may retain a discount of three-fourths of one	74252
per cent of the total amount of the fees that are required to be	74253
paid as indicated on the return.	74254

The owner or operator may request an extension of not more	74255
than thirty days for filing the return and remitting the fees,	74256
provided that the owner or operator has submitted such a request	74257
in writing to the director together with a detailed description of	74258
why the extension is requested, the director has received the	74259
request not later than the day on which the return is required to	74260
be filed, and the director has approved the request. If the fees	74261
are not remitted within thirty days after the last day of the	74262
month to which the return applies or are not remitted by the last	74263
day of an extension approved by the director, the owner or	74264
operator shall not retain the three-fourths of one per cent	74265
discount and shall pay an additional ten per cent of the amount of	74266
the fees for each month that they are late. For purposes of	74267
calculating the late fee, the first month in which fees are late	74268
begins on the first day after the deadline has passed for timely	74269
submitting the return and fees, and one additional month shall be	74270
counted every thirty days thereafter.	74271

The owner or operator of a solid waste facility may request a	74272
refund or credit of fees levied under this division and remitted	74273
to the director that have not been paid to the owner or operator.	74274
Such a request shall be made only if the fees have not been	74275
collected by the owner or operator, have become a debt that has	74276
become worthless or uncollectable for a period of six months or	74277
more, and may be claimed as a deduction, including a deduction	74278
claimed if the owner or operator keeps accounts on an accrual	74279
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26	74280
U.S.C. 166, as amended, and regulations adopted under it. Prior to	74281
making a request for a refund or credit, an owner or operator	74282
shall make reasonable efforts to collect the applicable fees. A	74283
request for a refund or credit shall not include any costs	74284
resulting from those efforts to collect unpaid fees.	74285

A request for a refund or credit of fees shall be made in	74286
writing, on a form prescribed by the director, and shall be	74287
supported by evidence that may be required in rules adopted by the	74288
director under this chapter. After reviewing the request, and if	74289
the request and evidence submitted with the request indicate that	74290
a refund or credit is warranted, the director shall grant a refund	74291
to the owner or operator or shall permit a credit to be taken by	74292
the owner or operator on a subsequent monthly return submitted by	74293
the owner or operator. The amount of a refund or credit shall not	74294
exceed an amount that is equal to ninety days' worth of fees owed	74295
to an owner or operator by a particular debtor of the owner or	74296
operator. A refund or credit shall not be granted by the director	74297
to an owner or operator more than once in any twelve-month period	74298
for fees owed to the owner or operator by a particular debtor.	74299

If, after receiving a refund or credit from the director, an	74300
owner or operator receives payment of all or part of the fees, the	74301
owner or operator shall remit the fees with the next monthly	74302
return submitted to the director together with a written	74303
explanation of the reason for the submittal.	74304

For purposes of computing the fees levied under this division	74305
or division (B) of this section, any solid waste transfer or	74306
disposal facility that does not use scales as a means of	74307
determining gate receipts shall use a conversion factor of three	74308
cubic yards per ton of solid waste or one cubic yard per ton for	74309
baled waste, as applicable.	74310

The fees levied under this division and divisions (B) and (C)	74311
of this section are in addition to all other applicable fees and	74312
taxes and shall be paid by the customer or a political subdivision	74313
to the owner or operator of a solid waste transfer or disposal	74314
facility. In the alternative, the fees shall be paid by a customer	74315
or political subdivision to a transporter of waste who	74316
subsequently transfers the fees to the owner or operator of such a	74317
facility. The fees shall be paid notwithstanding the existence of	74318
any provision in a contract that the customer or a political	74319
subdivision may have with the owner or operator or with a	74320
transporter of waste to the facility that would not require or	74321
allow such payment regardless of whether the contract was entered	74322
prior to or after the effective date of this amendment. For those	74323
purposes, "customer" means a person who contracts with, or	74324
utilizes the solid waste services of, the owner or operator of a	74325
solid waste transfer or disposal facility or a transporter of	74326
solid waste to such a facility.	74327

(B) For the purposes specified in division (G) of this	74328
section, the solid waste management policy committee of a county	74329
or joint solid waste management district may levy fees upon the	74330
following activities:	74331

(1) The disposal at a solid waste disposal facility located	74332
in the district of solid wastes generated within the district;	74333

(2) The disposal at a solid waste disposal facility within	74334
the district of solid wastes generated outside the boundaries of	74335
the district, but inside this state;	74336

(3) The disposal at a solid waste disposal facility within	74337
the district of solid wastes generated outside the boundaries of	74338
this state.	74339

The solid waste management plan of the county or joint	74340
district approved under section 3734.521 or 3734.55 of the Revised	74341
Code and any amendments to it, or the resolution adopted under	74342
this division, as appropriate, shall establish the rates of the	74343
fees levied under divisions (B)(1), (2), and (3) of this section,	74344
if any, and shall specify whether the fees are levied on the basis	74345
of tons or cubic yards as the unit of measurement. A solid waste	74346
management district that levies fees under this division on the	74347
basis of cubic yards shall do so in accordance with division (A)	74348
of this section.	74349

The fee levied under division (B)(1) of this section shall be	74350
not less than one dollar per ton nor more than two dollars per	74351
ton, the fee levied under division (B)(2) of this section shall be	74352
not less than two dollars per ton nor more than four dollars per	74353
ton, and the fee levied under division (B)(3) of this section	74354
shall be not more than the fee levied under division (B)(1) of	74355
this section.	74356

Prior to the approval of the solid waste management plan of a	74357
district under section 3734.55 of the Revised Code, the solid	74358
waste management policy committee of a district may levy fees	74359
under this division by adopting a resolution establishing the	74360
proposed amount of the fees. Upon adopting the resolution, the	74361
committee shall deliver a copy of the resolution to the board of	74362
county commissioners of each county forming the district and to	74363
the legislative authority of each municipal corporation and	74364
township under the jurisdiction of the district and shall prepare	74365
and publish the resolution and a notice of the time and location	74366
where a public hearing on the fees will be held. Upon adopting the	74367
resolution, the committee shall deliver written notice of the	74368
adoption of the resolution; of the amount of the proposed fees;	74369
and of the date, time, and location of the public hearing to the	74370
director and to the fifty industrial, commercial, or institutional	74371
generators of solid wastes within the district that generate the	74372
largest quantities of solid wastes, as determined by the	74373
committee, and to their local trade associations. The committee	74374
shall make good faith efforts to identify those generators within	74375
the district and their local trade associations, but the	74376
nonprovision of notice under this division to a particular	74377
generator or local trade association does not invalidate the	74378
proceedings under this division. The publication shall occur at	74379
least thirty days before the hearing. After the hearing, the	74380
committee may make such revisions to the proposed fees as it	74381
considers appropriate and thereafter, by resolution, shall adopt	74382
the revised fee schedule. Upon adopting the revised fee schedule,	74383
the committee shall deliver a copy of the resolution doing so to	74384
the board of county commissioners of each county forming the	74385
district and to the legislative authority of each municipal	74386
corporation and township under the jurisdiction of the district.	74387
Within sixty days after the delivery of a copy of the resolution	74388
adopting the proposed revised fees by the policy committee, each	74389
such board and legislative authority, by ordinance or resolution,	74390
shall approve or disapprove the revised fees and deliver a copy of	74391
the ordinance or resolution to the committee. If any such board or	74392
legislative authority fails to adopt and deliver to the policy	74393
committee an ordinance or resolution approving or disapproving the	74394
revised fees within sixty days after the policy committee	74395
delivered its resolution adopting the proposed revised fees, it	74396
shall be conclusively presumed that the board or legislative	74397
authority has approved the proposed revised fees. The committee	74398
shall determine if the resolution has been ratified in the same	74399
manner in which it determines if a draft solid waste management	74400
plan has been ratified under division (B) of section 3734.55 of	74401
the Revised Code.	74402

The committee may amend the schedule of fees levied pursuant	74403
to a resolution adopted and ratified under this division by	74404
adopting a resolution establishing the proposed amount of the	74405
amended fees. The committee may repeal the fees levied pursuant to	74406
such a resolution by adopting a resolution proposing to repeal	74407
them. Upon adopting such a resolution, the committee shall proceed	74408
to obtain ratification of the resolution in accordance with this	74409
division.	74410

Not later than fourteen days after declaring the new fees to	74411
be ratified or the fees to be repealed under this division, the	74412
committee shall notify by certified mail the owner or operator of	74413
each solid waste disposal facility that is required to collect the	74414
fees of the ratification and the amount of the fees or of the	74415
repeal of the fees. Collection of any fees shall commence or	74416
collection of repealed fees shall cease on the first day of the	74417
second month following the month in which notification is sent to	74418
the owner or operator.	74419

Fees levied under this division also may be established,	74420
amended, or repealed by a solid waste management policy committee	74421
through the adoption of a new district solid waste management	74422
plan, the adoption of an amended plan, or the amendment of the	74423
plan or amended plan in accordance with sections 3734.55 and	74424
3734.56 of the Revised Code or the adoption or amendment of a	74425
district plan in connection with a change in district composition	74426
under section 3734.521 of the Revised Code.	74427

Not later than fourteen days after the director issues an	74428
order approving a district's solid waste management plan, amended	74429
plan, or amendment to a plan or amended plan that establishes,	74430
amends, or repeals a schedule of fees levied by the district, the	74431
committee shall notify by certified mail the owner or operator of	74432
each solid waste disposal facility that is required to collect the	74433
fees of the approval of the plan or amended plan, or the amendment	74434
to the plan, as appropriate, and the amount of the fees, if any.	74435
In the case of an initial or amended plan approved under section	74436
3734.521 of the Revised Code in connection with a change in	74437
district composition, other than one involving the withdrawal of a	74438
county from a joint district, the committee, within fourteen days	74439
after the change takes effect pursuant to division (G) of that	74440
section, shall notify by certified mail the owner or operator of	74441
each solid waste disposal facility that is required to collect the	74442
fees that the change has taken effect and of the amount of the	74443
fees, if any. Collection of any fees shall commence or collection	74444
of repealed fees shall cease on the first day of the second month	74445
following the month in which notification is sent to the owner or	74446
operator.	74447

If, in the case of a change in district composition involving	74448
the withdrawal of a county from a joint district, the director	74449
completes the actions required under division (G)(1) or (3) of	74450
section 3734.521 of the Revised Code, as appropriate, forty-five	74451
days or more before the beginning of a calendar year, the policy	74452
committee of each of the districts resulting from the change that	74453
obtained the director's approval of an initial or amended plan in	74454
connection with the change, within fourteen days after the	74455
director's completion of the required actions, shall notify by	74456
certified mail the owner or operator of each solid waste disposal	74457
facility that is required to collect the district's fees that the	74458
change is to take effect on the first day of January immediately	74459
following the issuance of the notice and of the amount of the fees	74460
or amended fees levied under divisions (B)(1) to (3) of this	74461
section pursuant to the district's initial or amended plan as so	74462
approved or, if appropriate, the repeal of the district's fees by	74463
that initial or amended plan. Collection of any fees set forth in	74464
such a plan or amended plan shall commence on the first day of	74465
January immediately following the issuance of the notice. If such	74466
an initial or amended plan repeals a schedule of fees, collection	74467
of the fees shall cease on that first day of January.	74468

If, in the case of a change in district composition involving	74469
the withdrawal of a county from a joint district, the director	74470
completes the actions required under division (G)(1) or (3) of	74471
section 3734.521 of the Revised Code, as appropriate, less than	74472
forty-five days before the beginning of a calendar year, the	74473
director, on behalf of each of the districts resulting from the	74474
change that obtained the director's approval of an initial or	74475
amended plan in connection with the change proceedings, shall	74476
notify by certified mail the owner or operator of each solid waste	74477
disposal facility that is required to collect the district's fees	74478
that the change is to take effect on the first day of January	74479
immediately following the mailing of the notice and of the amount	74480
of the fees or amended fees levied under divisions (B)(1) to (3)	74481
of this section pursuant to the district's initial or amended plan	74482
as so approved or, if appropriate, the repeal of the district's	74483
fees by that initial or amended plan. Collection of any fees set	74484
forth in such a plan or amended plan shall commence on the first	74485
day of the second month following the month in which notification	74486
is sent to the owner or operator. If such an initial or amended	74487
plan repeals a schedule of fees, collection of the fees shall	74488
cease on the first day of the second month following the month in	74489
which notification is sent to the owner or operator.	74490

If the schedule of fees that a solid waste management	74491
district is levying under divisions (B)(1) to (3) of this section	74492
is amended or repealed, the fees in effect immediately prior to	74493
the amendment or repeal shall continue to be collected until	74494
collection of the amended fees commences or collection of the	74495
repealed fees ceases, as applicable, as specified in this	74496
division. In the case of a change in district composition, money	74497
so received from the collection of the fees of the former	74498
districts shall be divided among the resulting districts in	74499
accordance with division (B) of section 343.012 of the Revised	74500
Code and the agreements entered into under division (B) of section	74501
343.01 of the Revised Code to establish the former and resulting	74502
districts and any amendments to those agreements.	74503

For the purposes of the provisions of division (B) of this	74504
section establishing the times when newly established or amended	74505
fees levied by a district are required to commence and the	74506
collection of fees that have been amended or repealed is required	74507
to cease, "fees" or "schedule of fees" includes, in addition to	74508
fees levied under divisions (B)(1) to (3) of this section, those	74509
levied under section 3734.573 or 3734.574 of the Revised Code.	74510

(C) For the purposes of defraying the added costs to a	74511
municipal corporation or township of maintaining roads and other	74512
public facilities and of providing emergency and other public	74513
services, and compensating a municipal corporation or township for	74514
reductions in real property tax revenues due to reductions in real	74515
property valuations resulting from the location and operation of a	74516
solid waste disposal facility within the municipal corporation or	74517
township, a municipal corporation or township in which such a	74518
solid waste disposal facility is located may levy a fee of not	74519
more than twenty-five cents per ton on the disposal of solid	74520
wastes at a solid waste disposal facility located within the	74521
boundaries of the municipal corporation or township regardless of	74522
where the wastes were generated.	74523

The legislative authority of a municipal corporation or	74524
township may levy fees under this division by enacting an	74525
ordinance or adopting a resolution establishing the amount of the	74526
fees. Upon so doing the legislative authority shall mail a	74527
certified copy of the ordinance or resolution to the board of	74528
county commissioners or directors of the county or joint solid	74529
waste management district in which the municipal corporation or	74530
township is located or, if a regional solid waste management	74531
authority has been formed under section 343.011 of the Revised	74532
Code, to the board of trustees of that regional authority, the	74533
owner or operator of each solid waste disposal facility in the	74534
municipal corporation or township that is required to collect the	74535
fee by the ordinance or resolution, and the director of	74536
environmental protection. Although the fees levied under this	74537
division are levied on the basis of tons as the unit of	74538
measurement, the legislative authority, in its ordinance or	74539
resolution levying the fees under this division, may direct that	74540
the fees be levied on the basis of cubic yards as the unit of	74541
measurement based upon a conversion factor of three cubic yards	74542
per ton generally or one cubic yard per ton for baled wastes.	74543

Not later than five days after enacting an ordinance or	74544
adopting a resolution under this division, the legislative	74545
authority shall so notify by certified mail the owner or operator	74546
of each solid waste disposal facility that is required to collect	74547
the fee. Collection of any fee levied on or after March 24, 1992,	74548
shall commence on the first day of the second month following the	74549
month in which notification is sent to the owner or operator.	74550

(D)(1) The fees levied under divisions (A), (B), and (C) of	74551
this section do not apply to the disposal of solid wastes that:	74552

(a) Are disposed of at a facility owned by the generator of	74553
the wastes when the solid waste facility exclusively disposes of	74554
solid wastes generated at one or more premises owned by the	74555
generator regardless of whether the facility is located on a	74556
premises where the wastes are generated;	74557

(b) Are ~~disposed of at facilities that exclusively dispose of~~	74558
~~wastes that are~~ generated from the combustion of coal, or from the	74559
combustion of primarily coal in combination with scrap tires, ~~that~~	74560
~~is not combined in any way with garbage at one or more~~regardless	74561
of whether the disposal facility is located on the premises ~~owned~~	74562
~~by the generator~~where the wastes are generated.	74563

(2) Except as provided in section 3734.571 of the Revised	74564
Code, any fees levied under division (B)(1) of this section apply	74565
to solid wastes originating outside the boundaries of a county or	74566
joint district that are covered by an agreement for the joint use	74567
of solid waste facilities entered into under section 343.02 of the	74568
Revised Code by the board of county commissioners or board of	74569
directors of the county or joint district where the wastes are	74570
generated and disposed of.	74571

(3) When solid wastes, other than solid wastes that consist	74572
of scrap tires, are burned in a disposal facility that is an	74573
incinerator or energy recovery facility, the fees levied under	74574
divisions (A), (B), and (C) of this section shall be levied upon	74575
the disposal of the fly ash and bottom ash remaining after burning	74576
of the solid wastes and shall be collected by the owner or	74577
operator of the sanitary landfill where the ash is disposed of.	74578

(4) When solid wastes are delivered to a solid waste transfer	74579
facility, the fees levied under divisions (B) and (C) of this	74580
section shall be levied upon the disposal of solid wastes	74581
transported off the premises of the transfer facility for disposal	74582
and shall be collected by the owner or operator of the solid waste	74583
disposal facility where the wastes are disposed of.	74584

(5) The fees levied under divisions (A), (B), and (C) of this	74585
section do not apply to sewage sludge that is generated by a waste	74586
water treatment facility holding a national pollutant discharge	74587
elimination system permit and that is disposed of through	74588
incineration, land application, or composting or at another	74589
resource recovery or disposal facility that is not a landfill.	74590

(6) The fees levied under divisions (A), (B), and (C) of this	74591
section do not apply to solid wastes delivered to a solid waste	74592
composting facility for processing. When any unprocessed solid	74593
waste or compost product is transported off the premises of a	74594
composting facility and disposed of at a landfill, the fees levied	74595
under divisions (A), (B), and (C) of this section shall be	74596
collected by the owner or operator of the landfill where the	74597
unprocessed waste or compost product is disposed of.	74598

(7) When solid wastes that consist of scrap tires are	74599
processed at a scrap tire recovery facility, the fees levied under	74600
divisions (A), (B), and (C) of this section shall be levied upon	74601
the disposal of the fly ash and bottom ash or other solid wastes	74602
remaining after the processing of the scrap tires and shall be	74603
collected by the owner or operator of the solid waste disposal	74604
facility where the ash or other solid wastes are disposed of.	74605

(8) The director of environmental protection may issue an	74606
order exempting from the fees levied under this section solid	74607
wastes, including, but not limited to, scrap tires, that are	74608
generated, transferred, or disposed of as a result of a contract	74609
providing for the expenditure of public funds entered into by the	74610
administrator or regional administrator of the United States	74611
environmental protection agency, the director of environmental	74612
protection, or the director of administrative services on behalf	74613
of the director of environmental protection for the purpose of	74614
remediating conditions at a hazardous waste facility, solid waste	74615
facility, or other location at which the administrator or regional	74616
administrator or the director of environmental protection has	74617
reason to believe that there is a substantial threat to public	74618
health or safety or the environment or that the conditions are	74619
causing or contributing to air or water pollution or soil	74620
contamination. An order issued by the director of environmental	74621
protection under division (D)(8) of this section shall include a	74622
determination that the amount of the fees not received by a solid	74623
waste management district as a result of the order will not	74624
adversely impact the implementation and financing of the	74625
district's approved solid waste management plan and any approved	74626
amendments to the plan. Such an order is a final action of the	74627
director of environmental protection.	74628

(E) The fees levied under divisions (B) and (C) of this	74629
section shall be collected by the owner or operator of the solid	74630
waste disposal facility where the wastes are disposed of as a	74631
trustee for the county or joint district and municipal corporation	74632
or township where the wastes are disposed of. Moneys from the fees	74633
levied under division (B) of this section shall be forwarded to	74634
the board of county commissioners or board of directors of the	74635
district in accordance with rules adopted under division (H) of	74636
this section. Moneys from the fees levied under division (C) of	74637
this section shall be forwarded to the treasurer or such other	74638
officer of the municipal corporation as, by virtue of the charter,	74639
has the duties of the treasurer or to the fiscal officer of the	74640
township, as appropriate, in accordance with those rules.	74641

(F) Moneys received by the treasurer or other officer of the	74642
municipal corporation under division (E) of this section shall be	74643
paid into the general fund of the municipal corporation. Moneys	74644
received by the fiscal officer of the township under that division	74645
shall be paid into the general fund of the township. The treasurer	74646
or other officer of the municipal corporation or the township	74647
fiscal officer, as appropriate, shall maintain separate records of	74648
the moneys received from the fees levied under division (C) of	74649
this section.	74650

(G) Moneys received by the board of county commissioners or	74651
board of directors under division (E) of this section or section	74652
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	74653
shall be paid to the county treasurer, or other official acting in	74654
a similar capacity under a county charter, in a county district or	74655
to the county treasurer or other official designated by the board	74656
of directors in a joint district and kept in a separate and	74657
distinct fund to the credit of the district. If a regional solid	74658
waste management authority has been formed under section 343.011	74659
of the Revised Code, moneys received by the board of trustees of	74660
that regional authority under division (E) of this section shall	74661
be kept by the board in a separate and distinct fund to the credit	74662
of the district. Moneys in the special fund of the county or joint	74663
district arising from the fees levied under division (B) of this	74664
section and the fee levied under division (A) of section 3734.573	74665
of the Revised Code shall be expended by the board of county	74666
commissioners or directors of the district in accordance with the	74667
district's solid waste management plan or amended plan approved	74668
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	74669
exclusively for the following purposes:	74670

(1) Preparation of the solid waste management plan of the	74671
district under section 3734.54 of the Revised Code, monitoring	74672
implementation of the plan, and conducting the periodic review and	74673
amendment of the plan required by section 3734.56 of the Revised	74674
Code by the solid waste management policy committee;	74675

(2) Implementation of the approved solid waste management	74676
plan or amended plan of the district, including, without	74677
limitation, the development and implementation of solid waste	74678
recycling or reduction programs;	74679

(3) Providing financial assistance to boards of health within	74680
the district, if solid waste facilities are located within the	74681
district, for enforcement of this chapter and rules, orders, and	74682
terms and conditions of permits, licenses, and variances adopted	74683
or issued under it, other than the hazardous waste provisions of	74684
this chapter and rules adopted and orders and terms and conditions	74685
of permits issued under those provisions;	74686

(4) Providing financial assistance to each county within the	74687
district to defray the added costs of maintaining roads and other	74688
public facilities and of providing emergency and other public	74689
services resulting from the location and operation of a solid	74690
waste facility within the county under the district's approved	74691
solid waste management plan or amended plan;	74692

(5) Pursuant to contracts entered into with boards of health	74693
within the district, if solid waste facilities contained in the	74694
district's approved plan or amended plan are located within the	74695
district, for paying the costs incurred by those boards of health	74696
for collecting and analyzing samples from public or private water	74697
wells on lands adjacent to those facilities;	74698

(6) Developing and implementing a program for the inspection	74699
of solid wastes generated outside the boundaries of this state	74700
that are disposed of at solid waste facilities included in the	74701
district's approved solid waste management plan or amended plan;	74702

(7) Providing financial assistance to boards of health within	74703
the district for the enforcement of section 3734.03 of the Revised	74704
Code or to local law enforcement agencies having jurisdiction	74705
within the district for enforcing anti-littering laws and	74706
ordinances;	74707

(8) Providing financial assistance to boards of health of	74708
health districts within the district that are on the approved list	74709
under section 3734.08 of the Revised Code to defray the costs to	74710
the health districts for the participation of their employees	74711
responsible for enforcement of the solid waste provisions of this	74712
chapter and rules adopted and orders and terms and conditions of	74713
permits, licenses, and variances issued under those provisions in	74714
the training and certification program as required by rules	74715
adopted under division (L) of section 3734.02 of the Revised Code;	74716

(9) Providing financial assistance to individual municipal	74717
corporations and townships within the district to defray their	74718
added costs of maintaining roads and other public facilities and	74719
of providing emergency and other public services resulting from	74720
the location and operation within their boundaries of a	74721
composting, energy or resource recovery, incineration, or	74722
recycling facility that either is owned by the district or is	74723
furnishing solid waste management facility or recycling services	74724
to the district pursuant to a contract or agreement with the board	74725
of county commissioners or directors of the district;	74726

(10) Payment of any expenses that are agreed to, awarded, or	74727
ordered to be paid under section 3734.35 of the Revised Code and	74728
of any administrative costs incurred pursuant to that section. In	74729
the case of a joint solid waste management district, if the board	74730
of county commissioners of one of the counties in the district is	74731
negotiating on behalf of affected communities, as defined in that	74732
section, in that county, the board shall obtain the approval of	74733
the board of directors of the district in order to expend moneys	74734
for administrative costs incurred.	74735

Prior to the approval of the district's solid waste	74736
management plan under section 3734.55 of the Revised Code, moneys	74737
in the special fund of the district arising from the fees shall be	74738
expended for those purposes in the manner prescribed by the solid	74739
waste management policy committee by resolution.	74740

Notwithstanding division (G)(6) of this section as it existed	74741
prior to October 29, 1993, or any provision in a district's solid	74742
waste management plan prepared in accordance with division	74743
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	74744
prior to that date, any moneys arising from the fees levied under	74745
division (B)(3) of this section prior to January 1, 1994, may be	74746
expended for any of the purposes authorized in divisions (G)(1) to	74747
(10) of this section.	74748

(H) The director shall adopt rules in accordance with Chapter	74749
119. of the Revised Code prescribing procedures for collecting and	74750
forwarding the fees levied under divisions (B) and (C) of this	74751
section to the boards of county commissioners or directors of	74752
county or joint solid waste management districts and to the	74753
treasurers or other officers of municipal corporations and the	74754
fiscal officers of townships. The rules also shall prescribe the	74755
dates for forwarding the fees to the boards and officials and may	74756
prescribe any other requirements the director considers necessary	74757
or appropriate to implement and administer divisions (A), (B), and	74758
(C) of this section.	74759

Sec. 3734.577. Notwithstanding any section of the Revised	74760
Code to the contrary, no solid waste management district shall	74761
exempt a public sector commercial licensed hauler from a fee that	74762
is charged to private sector commercial licensed haulers by the	74763
solid waste management district.	74764

Sec. 3734.85. (A) On and after the effective date of the	74765
rules adopted under sections 3734.70, 3734.71, 3734.72, and	74766
3734.73 of the Revised Code, the director of environmental	74767
protection may take action under this section to abate	74768
accumulations of scrap tires. If the director determines that an	74769
accumulation of scrap tires constitutes a danger to the public	74770
health or safety or to the environment, the director shall issue	74771
an order under section 3734.13 of the Revised Code to the person	74772
responsible for the accumulation of scrap tires directing that	74773
person, within one hundred twenty days after the issuance of the	74774
order, to remove the accumulation of scrap tires from the premises	74775
on which it is located and transport the tires to a scrap tire	74776
storage, monocell, monofill, or recovery facility licensed under	74777
section 3734.81 of the Revised Code, to such a facility in another	74778
state operating in compliance with the laws of the state in which	74779
it is located, or to any other solid waste disposal facility in	74780
another state that is operating in compliance with the laws of	74781
that state. If the person responsible for causing the accumulation	74782
of scrap tires is a person different from the owner of the land on	74783
which the accumulation is located, the director may issue such an	74784
order to the landowner.	74785

If the director is unable to ascertain immediately the	74786
identity of the person responsible for causing the accumulation of	74787
scrap tires, the director shall examine the records of the	74788
applicable board of health and law enforcement agencies to	74789
ascertain that person's identity. Before initiating any	74790
enforcement or removal actions under this division against the	74791
owner of the land on which the accumulation is located, the	74792
director shall initiate any such actions against the person that	74793
the director has identified as responsible for causing the	74794
accumulation of scrap tires. Failure of the director to make	74795
diligent efforts to ascertain the identity of the person	74796
responsible for causing the accumulation of scrap tires or to	74797
initiate an action against the person responsible for causing the	74798
accumulation shall not constitute an affirmative defense by a	74799
landowner to an enforcement action initiated by the director under	74800
this division requiring immediate removal of any accumulation of	74801
scrap tires.	74802

Upon the written request of the recipient of an order issued	74803
under this division, the director may extend the time for	74804
compliance with the order if the request demonstrates that the	74805
recipient has acted in good faith to comply with the order. If the	74806
recipient of an order issued under this division fails to comply	74807
with the order within one hundred twenty days after the issuance	74808
of the order or, if the time for compliance with the order was so	74809
extended, within that time, the director shall take such actions	74810
as the director considers reasonable and necessary to remove and	74811
properly manage the scrap tires located on the land named in the	74812
order. The director, through employees of the environmental	74813
protection agency or a contractor, may enter upon the land on	74814
which the accumulation of scrap tires is located and remove and	74815
transport them to a scrap tire recovery facility for processing,	74816
to a scrap tire storage facility for storage, or to a scrap tire	74817
monocell or monofill facility for storage or disposal.	74818

The director shall enter into contracts ~~with the owners or~~	74819
~~operators of scrap tire storage, monocell, monofill, or recovery~~	74820
~~facilities~~ for the storage, disposal, or processing of scrap tires	74821
removed through removal operations conducted under this section.	74822
~~In doing so, the director shall give preference to scrap tire~~	74823
~~recovery facilities.~~	74824

If a person to whom a removal order is issued under this	74825
division fails to comply with the order and if the director	74826
performs a removal action under this section, the person to whom	74827
the removal order is issued is liable to the director for the	74828
costs incurred by the director for conducting the removal	74829
operation, storage at a scrap tire storage facility, storage or	74830
disposal at a scrap tire monocell or monofill facility, or	74831
processing of the scrap tires so removed, the transportation of	74832
the scrap tires from the site of the accumulation to the scrap	74833
tire storage, monocell, monofill, or recovery facility where the	74834
scrap tires were stored, disposed of, or processed, and the	74835
administrative and legal expenses incurred by the director in	74836
connection with the removal operation. The director shall keep an	74837
itemized record of those costs. Upon completion of the actions for	74838
which the costs were incurred, the director shall record the costs	74839
at the office of the county recorder of the county in which the	74840
accumulation of scrap tires was located. The costs so recorded	74841
constitute a lien on the property on which the accumulation of	74842
scrap tires was located until discharged. Upon the written request	74843
of the director, the attorney general shall bring a civil action	74844
against the person responsible for the accumulation of the scrap	74845
tires that were the subject of the removal operation to recover	74846
the costs for which the person is liable under this division. Any	74847
money so received or recovered shall be credited to the scrap tire	74848
management fund created in section 3734.82 of the Revised Code.	74849

If, in a civil action brought under this division, an owner	74850
of real property is ordered to pay to the director the costs of a	74851
removal action that removed an accumulation of scrap tires from	74852
the person's land or if a lien is placed on the person's land for	74853
the costs of such a removal action, and, in either case, if the	74854
landowner was not the person responsible for causing the	74855
accumulation of scrap tires so removed, the landowner may bring a	74856
civil action against the person who was responsible for causing	74857
the accumulation to recover the amount of the removal costs that	74858
the court ordered the landowner to pay to the director or the	74859
amount of the removal costs certified to the county recorder as a	74860
lien on the landowner's property, whichever is applicable. If the	74861
landowner prevails in the civil action against the person who was	74862
responsible for causing the accumulation of scrap tires, the	74863
court, as it considers appropriate, may award to the landowner the	74864
reasonable attorney's fees incurred by the landowner for bringing	74865
the action, court costs, and other reasonable expenses incurred by	74866
the landowner in connection with the civil action. A landowner	74867
shall bring such a civil action within two years after making the	74868
final payment of the removal costs to the director pursuant to the	74869
judgment rendered against the landowner in the civil action	74870
brought under this division upon the director's request or within	74871
two years after the director certified the costs of the removal	74872
action to the county recorder, as appropriate. A person who, at	74873
the time that a removal action was conducted under this division,	74874
owned the land on which the removal action was performed may bring	74875
an action under this division to recover the costs of the removal	74876
action from the person responsible for causing the accumulation of	74877
scrap tires so removed regardless of whether the person owns the	74878
land at the time of bringing the action.	74879

Subject to the limitations set forth in division (G) of	74880
section 3734.82 of the Revised Code, the director may use moneys	74881
in the scrap tire management fund for conducting removal actions	74882
under this division. Any moneys recovered under this division	74883
shall be credited to the scrap tire management fund.	74884

(B) The director shall initiate enforcement and removal	74885
actions under division (A) of this section in accordance with the	74886
following descending listing of priorities:	74887

(1) Accumulations of scrap tires that the director finds	74888
constitute a fire hazard or threat to public health;	74889

(2) Accumulations of scrap tires determined by the director	74890
to contain more than one million scrap tires;	74891

(3) Accumulations of scrap tires in densely populated areas;

74892

(4) Other accumulations of scrap tires that the director or	74893
board of health of the health district in which the accumulation	74894
is located determines constitute a public nuisance;	74895

(5) Any other accumulations of scrap tires present on	74896
premises operating without a valid license issued under section	74897
3734.05 or 3734.81 of the Revised Code.	74898

(C) The director shall not take enforcement and removal	74899
actions under division (A) of this section against the owner or	74900
operator of, or the owner of the land on which is located, any of	74901
the following:	74902

(1) A premises where not more than one hundred scrap tires	74903
are present at any time;	74904

(2) The premises of a business engaging in the sale of tires	74905
at retail that meets either of the following criteria:	74906

(a) Not more than one thousand scrap tires are present on the	74907
premises at any time in an unsecured, uncovered outdoor location.	74908

(b) Any number of scrap tires are secured in a building or a	74909
covered, enclosed container, trailer, or installation.	74910

(3) The premises of a tire retreading business, a tire	74911
manufacturing finishing center, or a tire adjustment center on	74912
which is located a single, covered scrap tire storage area where	74913
not more than four thousand scrap tires are stored;	74914

(4) The premises of a business that removes tires from motor	74915
vehicles in the ordinary course of business and on which is	74916
located a single scrap tire storage area that occupies not more	74917
than twenty-five hundred square feet;	74918

(5) A solid waste facility licensed under section 3734.05 of	74919
the Revised Code that stores scrap tires on the surface of the	74920
ground if the total land area on which scrap tires are actually	74921
stored does not exceed ten thousand square feet;	74922

(6) A premises where not more than two hundred fifty scrap	74923
tires are stored or kept for agricultural use;	74924

(7) A construction site where scrap tires are stored for use	74925
or used in road resurfacing or the construction of embankments;	74926

(8) A scrap tire collection, storage, monocell, monofill, or	74927
recovery facility licensed under section 3734.81 of the Revised	74928
Code;	74929

(9) A solid waste incineration or energy recovery facility	74930
that is subject to regulation under this chapter and that burns	74931
scrap tires;	74932

(10) A premises where scrap tires are beneficially used and	74933
for which the notice required by rules adopted under section	74934
3734.84 of the Revised Code has been given;	74935

(11) A transporter registered under section 3734.83 of the	74936
Revised Code that collects and holds scrap tires in a covered	74937
trailer or vehicle for not longer than thirty days prior to	74938
transporting them to their final destination.	74939

(D) Nothing in this section restricts any right any person	74940
may have under statute or common law to enforce or seek	74941
enforcement of any law applicable to the management of scrap	74942
tires, abate a nuisance, or seek any other appropriate relief.	74943

(E) An owner of real property upon which there is located an	74944
accumulation of not more than two thousand scrap tires is not	74945
liable under division (A) of this section for the cost of the	74946
removal of the scrap tires, and no lien shall attach to the	74947
property under this section, if all of the following conditions	74948
are met:	74949

(1) The tires were placed on the property after the owner	74950
acquired title to the property, or the tires were placed on the	74951
property before the owner acquired title to the property and the	74952
owner acquired title to the property by bequest or devise.	74953

(2) The owner of the property did not have knowledge that the	74954
tires were being placed on the property, or the owner posted on	74955
the property signs prohibiting dumping or took other action to	74956
prevent the placing of tires on the property.	74957

(3) The owner of the property did not participate in or	74958
consent to the placing of the tires on the property.	74959

(4) The owner of the property received no financial benefit	74960
from the placing of the tires on the property or otherwise having	74961
the tires on the property.	74962

(5) Title to the property was not transferred to the owner	74963
for the purpose of evading liability under division (A) of this	74964
section.	74965

(6) The person responsible for placing the tires on the	74966
property, in doing so, was not acting as an agent for the owner of	74967
the property.	74968

Sec. 3734.901. (A)(1) For the purpose of providing revenue	74969
to defray the cost of administering and enforcing the scrap tire	74970
provisions of this chapter, rules adopted under those provisions,	74971
and terms and conditions of orders, variances, and licenses issued	74972
under those provisions; to abate accumulations of scrap tires; to	74973
make grants supporting market development activities for scrap	74974
tires and synthetic rubber from tire manufacturing processes and	74975
tire recycling processes and to support scrap tire amnesty and	74976
cleanup events; to make loans to promote the recycling or recovery	74977
of energy from scrap tires; and to defray the costs of	74978
administering and enforcing sections 3734.90 to 3734.9014 of the	74979
Revised Code, a fee of fifty cents per tire is hereby levied on	74980
the sale of tires. The proceeds of the fee shall be deposited in	74981
the state treasury to the credit of the scrap tire management fund	74982
created in section 3734.82 of the Revised Code. The fee is levied	74983
from the first day of the calendar month that begins next after	74984
thirty days from October 29, 1993, through June 30, ~~2011~~2013.	74985

(2) Beginning on ~~September 5, 2001~~July 1, 2011, and ending	74986
on June 30, ~~2011~~2013, there is hereby levied an additional fee	74987
of fifty cents per tire on the sale of tires the proceeds of which	74988
shall be deposited in the state treasury to the credit of the	74989
~~scrap tire management fund and be used exclusively for the~~	74990
~~purposes specified in division (G)(3) of that section until July~~	74991
~~1, 2010, whereupon the proceeds shall be deposited in the state~~	74992
~~treasury to the credit of the~~ soil and water conservation district	74993
assistance fund created in section 1515.14 of the Revised Code.	74994

(B) Only one sale of the same article shall be used in	74995
computing the amount of the fee due.	74996

Sec. 3735.36. When a metropolitan housing authority has	74997
acquired the property necessary for any project, it shall proceed	74998
to make plans and specifications for carrying out such project,	74999
and shall advertise for bids for all work ~~which~~that it desires to	75000
have done by contract, such advertisements to be published as	75001
provided in section 7.16 of the Revised Code or once a week for	75002
two consecutive weeks in a newspaper of general circulation in the	75003
political subdivision in which the project is to be developed. The	75004
contract shall be awarded to the lowest and best bidder.	75005

Sec. 3735.66. The legislative authorities of municipal	75006
corporations and counties may survey the housing within their	75007
jurisdictions and, after the survey, may adopt resolutions	75008
describing the boundaries of community reinvestment areas which	75009
contain the conditions required for the finding under division (B)	75010
of section 3735.65 of the Revised Code. The findings resulting	75011
from the survey shall be incorporated in the resolution describing	75012
the boundaries of an area. The legislative authority may stipulate	75013
in the resolution that only new structures or remodeling	75014
classified as to use as commercial, industrial, or residential, or	75015
some combination thereof, and otherwise satisfying the	75016
requirements of section 3735.67 of the Revised Code are eligible	75017
for exemption from taxation under that section. If the resolution	75018
does not include such a stipulation, all new structures and	75019
remodeling satisfying the requirements of section 3735.67 of the	75020
Revised Code are eligible for exemption from taxation regardless	75021
of classification. Whether or not the resolution includes such a	75022
stipulation, the classification of the structures or remodeling	75023
eligible for exemption in the area shall at all times be	75024
consistent with zoning restrictions applicable to the area. For	75025
the purposes of sections 3735.65 to 3735.70 of the Revised Code,	75026
whether a structure or remodeling composed of multiple units is	75027
classified as commercial or residential shall be determined by	75028
resolution or ordinance of the legislative authority or, in the	75029
absence of such a determination, by the classification of the use	75030
of the structure or remodeling under the applicable zoning	75031
regulations.	75032

If construction or remodeling classified as residential is	75033
eligible for exemption from taxation, the resolution shall specify	75034
a percentage, not to exceed one hundred per cent, of the assessed	75035
valuation of such property to be exempted. The percentage	75036
specified shall apply to all residential construction or	75037
remodeling for which exemption is granted.	75038

The resolution adopted pursuant to this section shall be	75039
published in a newspaper of general circulation in the municipal	75040
corporation, if the resolution is adopted by the legislative	75041
authority of a municipal corporation, or in a newspaper of general	75042
circulation in the county, if the resolution is adopted by the	75043
legislative authority of the county, once a week for two	75044
consecutive weeks or as provided in section 7.16 of the Revised	75045
Code, immediately following its adoption.	75046

Each legislative authority adopting a resolution pursuant to	75047
this section shall designate a housing officer. In addition, each	75048
such legislative authority, not later than fifteen days after the	75049
adoption of the resolution, shall petition the director of	75050
development for the director to confirm the findings described in	75051
the resolution. The petition shall be accompanied by a copy of the	75052
resolution and by a map of the community reinvestment area in	75053
sufficient detail to denote the specific boundaries of the area	75054
and to indicate zoning restrictions applicable to the area. The	75055
director shall determine whether the findings contained in the	75056
resolution are valid, and whether the classification of structures	75057
or remodeling eligible for exemption under the resolution is	75058
consistent with zoning restrictions applicable to the area as	75059
indicated on the map. Within thirty days of receiving the	75060
petition, the director shall forward the director's determination	75061
to the legislative authority. The legislative authority or housing	75062
officer shall not grant any exemption from taxation under section	75063
3735.67 of the Revised Code until the director forwards the	75064
director's determination to the legislative authority. The	75065
director shall assign to each community reinvestment area a unique	75066
designation by which the area shall be identified for purposes of	75067
sections 3735.65 to 3735.70 of the Revised Code.	75068

If zoning restrictions in any part of a community	75069
reinvestment area are changed at any time after the legislative	75070
authority petitions the director under this section, the	75071
legislative authority shall notify the director and shall submit a	75072
map of the area indicating the new zoning restrictions in the	75073
area.	75074

Sec. 3737.73. (A) No principal or person in charge of a	75075
public or private school or educational institution having an	75076
average daily attendance of twenty or more pupils, and no person	75077
in charge of any children's home or orphanage housing twenty or	75078
more minor persons, shall willfully neglect to instruct and train	75079
such children by means of drills or rapid dismissals, so that such	75080
children in a sudden emergency may leave the building in the	75081
shortest possible time without confusion. The principal or person	75082
in charge of a school or educational institution shall conduct	75083
drills or rapid dismissals at least nine times during the school	75084
year, which shall be at the times and frequency prescribed in	75085
rules adopted by the fire marshal. However, no drill or rapid	75086
dismissal under this division need be conducted in any month that	75087
a school safety drill required under division (D) of this section	75088
is conducted as long as a total of nine drills or rapid dismissals	75089
under this division are conducted in the school year. The	75090
principal or person in charge of a children's home or orphanage	75091
shall conduct drills or rapid dismissals at least once each month	75092
while the home is in operation. In the case of schools, no	75093
principal or person in charge of a school shall willfully neglect	75094
to keep the doors and exits of such building unlocked during	75095
school hours. The fire marshal may order the immediate	75096
installation of necessary fire gongs or signals in such schools,	75097
institutions, or children's homes and enforce this division and	75098
divisions (B) and (C)(3) of this section.	75099

(B) In conjunction with the drills or rapid dismissals	75100
required by division (A) of this section, principals or persons in	75101
charge of public or private primary and secondary schools, or	75102
educational institutions, shall instruct pupils in safety	75103
precautions to be taken in case of a tornado alert or warning.	75104
Such principals or persons in charge of such schools or	75105
institutions shall designate, in accordance with standards	75106
prescribed by the fire marshal, appropriate locations to be used	75107
to shelter pupils in case of a tornado, tornado alert, or warning.	75108

(C)(1) The fire marshal or the fire marshal's designee shall	75109
annually inspect each school, institution, home, or orphanage	75110
subject to division (A) of this section to determine compliance	75111
with that division, and each school or institution subject to	75112
division (B) of this section to ascertain whether the locations	75113
comply with the standards prescribed under that division. Nothing	75114
in this section shall require a school or institution to construct	75115
or improve a facility or location for use as a shelter area.	75116

(2) The fire marshal or the fire marshal's designee shall	75117
issue a warning to any person found in violation of division (A)	75118
or (B) of this section. The warning shall indicate the specific	75119
violation and a date by which such violation shall be corrected.	75120

(3) No person shall fail to correct violations by the date	75121
indicated on a warning issued under division (C)(2) of this	75122
section.	75123

(D)(1) On or before April 1, 2007, and on or before each	75124
first day of December thereafter, the principal or person in	75125
charge of each public or private school or educational institution	75126
shall conduct a school safety drill to provide pupils with	75127
instruction in the procedures to follow in situations where pupils	75128
must be secured in the school building, such as a threat to the	75129
school involving an act of terrorism; a person possessing a deadly	75130
weapon or dangerous ordnance, as defined in section 2923.11 of the	75131
Revised Code, on school property; or other act of violence.	75132

(2)(a) The principal or person in charge of each public or	75133
private school or educational institution shall provide to the	75134
police chief or other similar chief law enforcement officer of the	75135
municipal corporation, township, or township or joint police	75136
district in which the school or institution is located, or, in	75137
absence of any such person, the county sheriff of the county in	75138
which the school or institution is located advance written notice	75139
of each school safety drill required under division (D)(1) of this	75140
section and shall keep a written record of the date and time of	75141
each drill conducted. The advance notice shall be provided not	75142
later than seventy-two hours prior to the date the drill will be	75143
conducted and shall include the date and time the drill will be	75144
conducted and the address of the school or educational	75145
institution. The notice shall be provided by mail, facsimile, or	75146
electronic submission.	75147

(b) Not later than April 5, 2007, and not later than the	75148
fifth day of December each year thereafter, the principal or	75149
person in charge of each public or private school or educational	75150
institution shall provide written certification by mail of the	75151
date and time each school safety drill required under division	75152
(D)(1) of this section was conducted to the police chief or other	75153
similar chief law enforcement officer of the municipal	75154
corporation, township, or township or joint police district in	75155
which the school or institution is located, or, in the absence of	75156
any such person, the county sheriff of the county in which the	75157
school or institution is located. If such certification is not	75158
provided, the principal or person in charge of the school or	75159
institution shall be considered to have failed to conduct the	75160
drill and shall be subject to division (D)(4) of this section.	75161

(3) The principal or person in charge of each public or	75162
private school or educational institution shall hold annual	75163
training sessions for employees of the school or institution	75164
regarding the conduct of school safety drills.	75165

(4) The police chief or other similar chief law enforcement	75166
officer of a municipal corporation, township, or township or joint	75167
police district, or, in the absence of any such person, the county	75168
sheriff shall issue a warning to any person found in violation of	75169
division (D)(1) of this section. Each warning issued for a	75170
violation of division (D)(1) of this section shall require the	75171
principal or person in charge of the school or institution to	75172
correct the violation by conducting the school safety drill not	75173
later than the thirtieth day after the date the warning is issued.	75174
The violation shall not be considered corrected unless, not later	75175
than forty days after the date the warning is issued, the	75176
principal or person in charge of the school or institution	75177
provides written certification of the date and time the drill was	75178
conducted to the police chief or other similar chief law	75179
enforcement officer or county sheriff who issued the warning.	75180

(5) No person shall fail to correct violations by the date	75181
indicated on a warning issued under division (D)(4) of this	75182
section.	75183

Sec. 3737.83. The fire marshal shall, as part of the state	75184
fire code, adopt rules to:	75185

(A) Establish minimum standards of performance for fire	75186
protection equipment and fire fighting equipment;	75187

(B) Establish minimum standards of training, fix minimum	75188
qualifications, and require certificates for all persons who	75189
engage in the business for profit of installing, testing,	75190
repairing, or maintaining fire protection equipment;	75191

(C) Provide for the issuance of certificates required under	75192
division (B) of this section and establish the fees to be charged	75193
for such certificates. A certificate shall be granted, renewed, or	75194
revoked according to rules the fire marshal shall adopt.	75195

(D) Establish minimum standards of flammability for consumer	75196
goods in any case where the federal government or any department	75197
or agency thereof has established, or may from time to time	75198
establish standards of flammability for consumer goods. The	75199
standards established by the fire marshal shall be identical to	75200
the minimum federal standards.	75201

In any case where the federal government or any department or	75202
agency thereof, establishes standards of flammability for consumer	75203
goods subsequent to the adoption of a flammability standard by the	75204
fire marshal, standards previously adopted by the fire marshal	75205
shall not continue in effect to the extent such standards are not	75206
identical to the minimum federal standards.	75207

With respect to the adoption of minimum standards of	75208
flammability, this division shall supersede any authority granted	75209
a political subdivision by any other section of the Revised Code.	75210

(E) Establish minimum standards pursuant to section 5104.05	75211
of the Revised Code for fire prevention and fire safety in child	75212
day-care centers and in type A family day-care homes, as defined	75213
in section 5104.01 of the Revised Code.	75214

(F) Establish minimum standards for fire prevention and	75215
safety an adult group home seeking licensure as an adult care	75216
facility must meet under section ~~3722.02~~5119.71 of the Revised	75217
Code. The fire marshal shall adopt the rules under this division	75218
in consultation with the directors of mental health and aging and	75219
interested parties designated by the directors of mental health	75220
and aging.	75221

Sec. 3737.841. As used in this section and section 3737.842	75222
of the Revised Code:	75223

(A) "Public occupancy" means all of the following:

75224

(1) Any state correctional institution as defined in section	75225
2967.01 of the Revised Code and any county, multicounty,	75226
municipal, or municipal-county jail or workhouse;	75227

(2) Any hospital as defined in section 3727.01 of the Revised	75228
Code, any hospital licensed by the department of mental health	75229
under section 5119.20 of the Revised Code, and any institution,	75230
hospital, or other place established, controlled, or supervised by	75231
the department of mental health under Chapter 5119. of the Revised	75232
Code;	75233

(3) Any nursing home, residential care facility, or home for	75234
the aging as defined in section 3721.01 of the Revised Code and	75235
any adult care facility as defined in section ~~3722.01~~5119.70 of	75236
the Revised Code;	75237

(4) Any child day-care center and any type A family day-care	75238
home as defined in section 5104.01 of the Revised Code;	75239

(5) Any public auditorium or stadium;

75240

(6) Public assembly areas of hotels and motels containing	75241
more than ten articles of seating furniture.	75242

(B) "Sell" includes sell, offer or expose for sale, barter,	75243
trade, deliver, give away, rent, consign, lease, possess for sale,	75244
or dispose of in any other commercial manner.	75245

(C) Except as provided in division (D) of this section,	75246
"seating furniture" means any article of furniture, including	75247
children's furniture, that can be used as a support for an	75248
individual, or ~~his~~an individual's limbs or feet, when sitting or	75249
resting in an upright or reclining position and that either:	75250

(1) Is made with loose or attached cushions or pillows;

75251

(2) Is stuffed or filled in whole or in part with any filling	75252
material;	75253

(3) Is or can be stuffed or filled in whole or in part with	75254
any substance or material, concealed by fabric or any other	75255
covering.	75256

"Seating furniture" includes the cushions or pillows	75257
belonging to or forming a part of the furniture, the structural	75258
unit, and the filling material and its container or covering.	75259

(D) "Seating furniture" does not include, except if intended	75260
for use by children or in facilities designed for the care or	75261
treatment of humans, any of the following:	75262

(1) Cushions or pads intended solely for outdoor use;

75263

(2) Any article with a smooth surface that contains no more	75264
than one-half inch of filling material, if that article does not	75265
have an upholstered horizontal surface meeting an upholstered	75266
vertical surface;	75267

(3) Any article manufactured solely for recreational use or	75268
physical fitness purposes, including weight-lifting benches,	75269
gymnasium mats or pads, and sidehorses.	75270

(E) "Filling material" means cotton, wool, kapok, feathers,	75271
down, hair, liquid, or any other natural or ~~manmade~~artificial	75272
material or substance that is used or can be used as stuffing in	75273
seating furniture.	75274

Sec. 3737.87. As used in sections 3737.87 to 3737.98 of the	75275
Revised Code:	75276

(A) "Accidental release" means any sudden or nonsudden	75277
release of petroleum that was neither expected nor intended by the	75278
owner or operator of the applicable underground storage tank	75279
system and that results in the need for corrective action or	75280
compensation for bodily injury or property damage.	75281

(B) "Corrective action" means any action necessary to protect	75282
human health and the environment in the event of a release of	75283
petroleum into the environment, including, without limitation, any	75284
action necessary to monitor, assess, and evaluate the release. In	75285
the instance of a suspected release, ~~the term~~"corrective action"	75286
includes, without limitation, an investigation to confirm or	75287
disprove the occurrence of the release. In the instance of a	75288
confirmed release, ~~the term~~"corrective action" includes, without	75289
limitation, the initial corrective action taken under section	75290
3737.88 or 3737.882 of the Revised Code and rules adopted or	75291
orders issued under those sections and any action taken consistent	75292
with a remedial action to clean up contaminated ground water,	75293
surface water, soils, and subsurface material and to address the	75294
residual effects of a release after the initial corrective action	75295
is taken.	75296

(C) "Eligible lending institution" means a financial	75297
institution that is eligible to make commercial loans, is a public	75298
depository of state funds under section 135.03 of the Revised	75299
Code, and agrees to participate in the petroleum underground	75300
storage tank linked deposit program provided for in sections	75301
3737.95 to 3737.98 of the Revised Code.	75302

(D) "Eligible owner" means any person that owns six or fewer	75303
petroleum underground storage tanks comprising a petroleum	75304
underground storage tank or underground storage tank system.	75305

(E) "Installer" means a person who supervises the	75306
installation of, performance of major repairs on site to,	75307
abandonment of, or removal of underground storage tank systems.	75308

(F) "Major repair" means the restoration of a tank or an	75309
underground storage tank system component that has caused a	75310
release of a product from the underground storage tank system, the	75311
upgrading of a tank or an underground storage tank system	75312
component, or the modification of a tank or an underground storage	75313
tank system component. "Major repair" does not include routine	75314
maintenance for normal operational upkeep to prevent an	75315
underground storage tank system from releasing a product.	75316

(G) "Operator" means the person in daily control of, or	75317
having responsibility for the daily operation of, an underground	75318
storage tank system.	75319

(H) "Owner" means:

75320

(1) In the instance of an underground storage tank system in	75321
use on November 8, 1984, or brought into use after that date, the	75322
person who owns the underground storage tank system;	75323

(2) In the instance of an underground storage tank system in	75324
use before November 8, 1984, that was no longer in use on that	75325
date, the person who owned the underground storage tank system	75326
immediately before the discontinuation of its use.	75327

~~The term~~"Owner" includes any person who holds, or, in the	75328
instance of an underground storage tank system in use before	75329
November 8, 1984, but no longer in use on that date, any person	75330
who held immediately before the discontinuation of its use, a	75331
legal, equitable, or possessory interest of any kind in an	75332
underground storage tank system or in the property on which the	75333
underground storage tank system is located, including, without	75334
limitation, a trust, vendor, vendee, lessor, or lessee. ~~The term~~	75335
"Owner" does not include any person who, without participating in	75336
the management of an underground storage tank system and without	75337
otherwise being engaged in petroleum production, refining, or	75338
marketing, holds indicia of ownership in an underground storage	75339
tank system primarily to protect the person's security interest in	75340
it.	75341

(I) "Person," in addition to the meaning in section 3737.01	75342
of the Revised Code, means the United States and any department,	75343
agency, or instrumentality thereof.	75344

(J) "Petroleum" means petroleum, including crude oil or any	75345
fraction thereof, that is a liquid at the temperature of sixty	75346
degrees Fahrenheit and the pressure of fourteen and seven-tenths	75347
pounds per square inch absolute. ~~The term~~"Petroleum" includes,	75348
without limitation, motor fuels, jet fuels, distillate fuel oils,	75349
residual fuel oils, lubricants, petroleum solvents, and used oils.	75350

(K) "Petroleum underground storage tank linked deposit" means	75351
a certificate of deposit placed by the treasurer of state with an	75352
eligible lending institution pursuant to sections 3737.95 to	75353
3737.98 of the Revised Code.	75354

(L) "Regulated substance" means petroleum or any substance	75355
identified or listed as a hazardous substance in rules adopted	75356
under division (D) of section 3737.88 of the Revised Code.	75357

(M) "Release" means any spilling, leaking, emitting,	75358
discharging, escaping, leaching, or disposing of from an	75359
underground storage tank system into ground or surface water or	75360
subsurface soils or otherwise into the environment.	75361

(N) Notwithstanding division (F) of section 3737.01 of the	75362
Revised Code, "responsible person" means the person who is the	75363
owner or operator of an underground storage tank system.	75364

(O) "Tank" means a stationary device designed to contain an	75365
accumulation of regulated substances that is constructed of	75366
~~manmade~~manufactured materials.	75367

(P) "Underground storage tank" means one or any combination	75368
of tanks, including the underground pipes connected thereto, that	75369
are used to contain an accumulation of regulated substances the	75370
volume of which, including the volume of the underground pipes	75371
connected thereto, is ten per cent or more beneath the surface of	75372
the ground.	75373

~~The term~~"Underground storage tank" does not include any of	75374
the following or any pipes connected to any of the following:	75375

(1) Pipeline facilities, including gathering lines, regulated	75376
under the "Natural Gas Pipeline Safety Act of 1968," 82 Stat. 720,	75377
49 U.S.C.A. 1671, as amended, or the "Hazardous Liquid Pipeline	75378
Safety Act of 1979," 93 Stat. 1003, 49 U.S.C.A. 2001, as amended;	75379

(2) Farm or residential tanks of one thousand one hundred	75380
gallons or less capacity used for storing motor fuel for	75381
noncommercial purposes;	75382

(3) Tanks used for storing heating fuel for consumptive use	75383
on the premises where stored;	75384

(4) Surface impoundments, pits, ponds, or lagoons;

75385

(5) Storm or waste water collection systems;

75386

(6) Flow-through process tanks;

75387

(7) Storage tanks located in underground areas, including,	75388
without limitation, basements, cellars, mine workings, drifts,	75389
shafts, or tunnels, when the tanks are located on or above the	75390
surface of the floor;	75391

(8) Septic tanks;

75392

(9) Liquid traps or associated gathering lines directly	75393
related to oil or gas production and gathering operations.	75394

(Q) "Underground storage tank system" means an underground	75395
storage tank and the connected underground piping, underground	75396
ancillary equipment, and containment system, if any.	75397

(R) "Revenues" means all fees, premiums, and charges paid by	75398
owners and operators of petroleum underground storage tanks to the	75399
petroleum underground storage tank release compensation board	75400
created in section 3737.90 of the Revised Code; proceeds received	75401
by the board from any insurance, condemnation, or guaranty; the	75402
proceeds of petroleum underground storage tank revenue bonds; and	75403
the income and profits from the investment of any such revenues.	75404

(S) "Revenue bonds," unless the context indicates a different	75405
meaning or intent, means petroleum underground storage tank	75406
revenue bonds and petroleum underground storage tank revenue	75407
refunding bonds that are issued by the petroleum underground	75408
storage tank release compensation board pursuant to sections	75409
3737.90 to 3737.948 of the Revised Code.	75410

(T) "Class C release" means a release of petroleum occurring	75411
or identified from an underground storage tank system subject to	75412
sections 3737.87 to 3737.89 of the Revised Code for which the	75413
responsible person for the release is specifically determined by	75414
the fire marshal not to be a viable person capable of undertaking	75415
or completing the corrective actions required under those sections	75416
for the release. "Class C release" also includes any release	75417
designated as a "class C release" in accordance with rules adopted	75418
under section 3737.88 of the Revised Code.	75419

Sec. 3737.88. (A)(1) The fire marshal shall have	75420
responsibility for implementation of the underground storage tank	75421
program and corrective action program for releases of petroleum	75422
from underground ~~petroleum~~ storage tanks established by the	75423
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2795,	75424
42 U.S.C.A. 6901, as amended. To implement the ~~program~~programs,	75425
the fire marshal may adopt, amend, and rescind such rules, conduct	75426
such inspections, require annual registration of underground	75427
storage tanks, issue such citations and orders to enforce those	75428
rules, enter into environmental covenants in accordance with	75429
sections 5301.80 to 5301.92 of the Revised Code, and perform such	75430
other duties, as are consistent with those programs. The fire	75431
marshal, by rule, may delegate the authority to conduct	75432
inspections of underground storage tanks to certified fire safety	75433
inspectors.	75434

(2) In the place of any rules regarding release containment	75435
and release detection for underground storage tanks adopted under	75436
division (A)(1) of this section, the fire marshal, by rule, shall	75437
designate areas as being sensitive for the protection of human	75438
health and the environment and adopt alternative rules regarding	75439
release containment and release detection methods for new and	75440
upgraded underground storage tank systems located in those areas.	75441
In designating such areas, the fire marshal shall take into	75442
consideration such factors as soil conditions, hydrogeology, water	75443
use, and the location of public and private water supplies. Not	75444
later than July 11, 1990, the fire marshal shall file the rules	75445
required under this division with the secretary of state, director	75446
of the legislative service commission, and joint committee on	75447
agency rule review in accordance with divisions (B) and (H) of	75448
section 119.03 of the Revised Code.	75449

(3) Notwithstanding sections 3737.87 to 3737.89 of the	75450
Revised Code, a person who is not a responsible person may conduct	75451
a voluntary action in accordance with Chapter 3746. of the Revised	75452
Code and rules adopted under it for a class C release. The	75453
director of environmental protection, pursuant to section 3746.12	75454
of the Revised Code, may issue a covenant not to sue to any person	75455
who properly completes a voluntary action with respect to a class	75456
C release in accordance with Chapter 3746. of the Revised Code and	75457
rules adopted under it.	75458

(B) Before adopting any rule under this section or section	75459
3737.881 or 3737.882 of the Revised Code, the fire marshal shall	75460
file written notice of the proposed rule with the chairperson of	75461
the state fire commission, and, within sixty days after notice is	75462
filed, the commission may file responses to or comments on and may	75463
recommend alternative or supplementary rules to the fire marshal.	75464
At the end of the sixty-day period or upon the filing of	75465
responses, comments, or recommendations by the commission, the	75466
fire marshal may adopt the rule filed with the commission or any	75467
alternative or supplementary rule recommended by the commission.	75468

(C) The fire commission may recommend courses of action to be	75469
taken by the fire marshal in carrying out the fire marshal's	75470
duties under this section. The commission shall file its	75471
recommendations in the office of the fire marshal, and, within	75472
sixty days after the recommendations are filed, the fire marshal	75473
shall file with the chairperson of the commission comments on, and	75474
proposed action in response to, the recommendations.	75475

(D) For the purpose of sections 3737.87 to 3737.89 of the	75476
Revised Code, the fire marshal shall adopt, and may amend and	75477
rescind, rules identifying or listing hazardous substances. The	75478
rules shall be consistent with and equivalent in scope, coverage,	75479
and content to regulations identifying or listing hazardous	75480
substances adopted under the "Comprehensive Environmental	75481
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,	75482
42 U.S.C.A. 9602, as amended, except that the fire marshal shall	75483
not identify or list as a hazardous substance any hazardous waste	75484
identified or listed in rules adopted under division (A) of	75485
section 3734.12 of the Revised Code.	75486

(E) ~~Notwithstanding any provision of the laws of this state~~	75487
~~to the contrary~~Except as provided in division (A)(3) of this	75488
section, the fire marshal ~~has~~shall have exclusive jurisdiction to	75489
regulate the storage, treatment, and disposal of petroleum	75490
contaminated soil generated from corrective actions undertaken in	75491
response to releases of petroleum from underground storage tank	75492
systems. The fire marshal may adopt, amend, or rescind such rules	75493
as the fire marshal considers to be necessary or appropriate to	75494
regulate the storage, treatment, or disposal of petroleum	75495
contaminated soil so generated.	75496

(F) The fire marshal shall adopt, amend, and rescind rules	75497
under sections 3737.88 to 3737.882 of the Revised Code in	75498
accordance with Chapter 119. of the Revised Code.	75499

Sec. 3743.06. In addition to conforming to the rules of the	75500
fire marshal adopted pursuant to section 3743.05 of the Revised	75501
Code, licensed manufacturers of fireworks shall operate their	75502
fireworks plants in accordance with the following:	75503

(A) Signs indicating that smoking is generally forbidden and	75504
trespassing is prohibited on the premises of a fireworks plant	75505
shall be posted on the premises in a manner determined by the fire	75506
marshal.	75507

(B) Reasonable precautions shall be taken to protect the	75508
premises of a fireworks plant from trespass, loss, theft, or	75509
destruction. Only persons employed by the manufacturer, authorized	75510
governmental personnel, and persons who have obtained permission	75511
from a member of the manufacturer's office to be on the premises,	75512
are to be allowed to enter and remain on the premises.	75513

(C) Smoking or the carrying of pipes, cigarettes, or cigars,	75514
matches, lighters, other flame-producing items, or open flame on,	75515
or the carrying of a concealed source of ignition into, the	75516
premises of a fireworks plant is prohibited, except that a	75517
manufacturer may permit smoking in specified lunchrooms or	75518
restrooms in buildings or other structures in which no	75519
manufacturing, handling, sales, or storage of fireworks takes	75520
place. "NO SMOKING" signs shall be posted on the premises as	75521
required by the fire marshal.	75522

(D) Fire and explosion prevention and other reasonable safety	75523
measures and precautions shall be implemented by a manufacturer.	75524

(E) Persons shall not be permitted to have in their	75525
possession or under their control, while they are on the premises	75526
of the fireworks plant, any intoxicating liquor, beer, or	75527
controlled substance, and they shall not be permitted to enter or	75528
remain on the premises if they are found to be under the influence	75529
of any intoxicating liquor, beer, or controlled substance.	75530

(F) A manufacturer shall conform to all building, safety, and	75531
zoning statutes, ordinances, rules, or other enactments that apply	75532
to the premises of its fireworks plant.	75533

(G) Each fireworks plant shall have at least one class 1	75534
magazine that is approved by the bureau of alcohol, tobacco, and	75535
firearms of the United States department of the treasury and that	75536
is otherwise in conformity with federal law. This division does	75537
not apply to fireworks plants existing on or before August 3,	75538
1931.	75539

(H) Awnings, tents, and canopies shall not be used as	75540
facilities for the sale or storage of fireworks. This division	75541
does not prohibit the use of an awning or canopy attached to a	75542
public access showroom for storing nonflammable shopping	75543
convenience items such as shopping carts or baskets or providing a	75544
shaded area for patrons waiting to enter the public sales area.	75545

(I) Fireworks may be stored in trailers if the trailers are	75546
properly enclosed, secured, and grounded and are separated from	75547
any structure to which the public is admitted by a distance that	75548
will, in the fire marshal's judgment, allow fire-fighting	75549
equipment to have full access to the structures on the licensed	75550
premises. Such trailers may be moved into closer proximity to any	75551
structure only to accept or discharge cargo for a period not to	75552
exceed forty-eight hours. Only two such trailers may be placed in	75553
such closer proximity at any one time. At no time may trailers be	75554
used for conducting sales of any class of fireworks, nor may	75555
members of the public have access to the trailers.	75556

Storage areas for fireworks that are in the same building	75557
where fireworks are displayed and sold to the public shall be	75558
separated from the areas to which the public has access by an	75559
appropriately rated fire wall.	75560

(J) A fire suppression system as defined in section 3781.108	75561
of the Revised Code may be turned off only for repair, drainage of	75562
the system to prevent damage by freezing during the period of	75563
time, approved by the fire marshal, that the facility is closed to	75564
all public access during winter months, or maintenance of the	75565
system. If any repair or maintenance is necessary during times	75566
when the facility is open for public access and business as	75567
approved by the fire marshal, the licensed manufacturer shall	75568
notify in advance the appropriate insurance company and fire chief	75569
or fire prevention officer regarding the nature of the maintenance	75570
or repair and the time when it will be performed.	75571

(K) If any fireworks item is removed from its original	75572
package or is manufactured with any fuse other than a safety fuse	75573
approved by the consumer product safety commission, then the item	75574
shall be covered completely by repackaging or bagging or it shall	75575
otherwise be covered so as to prevent ignition prior to sale.	75576

(L) A safety officer shall be present during regular business	75577
hours at a building open to the public during the period	75578
commencing fourteen days before, and ending two days after, each	75579
fourth day of July. The officer shall be highly visible, enforce	75580
this chapter and any applicable building codes to the extent the	75581
officer is authorized by law, and be one of the following:	75582

(1) A deputy sheriff;

75583

(2) A law enforcement officer of a municipal corporation,	75584
township, or township or joint ~~township~~ police district;	75585

(3) A private uniformed security guard registered under	75586
section 4749.06 of the Revised Code.	75587

(M) All doors of all buildings on the licensed premises shall	75588
swing outward.	75589

(N) All wholesale and commercial sales of fireworks shall be	75590
packaged, shipped, placarded, and transported in accordance with	75591
United States department of transportation regulations applicable	75592
to the transportation, and the offering for transportation, of	75593
hazardous materials. For purposes of this division, "wholesale and	75594
commercial sales" includes all sales for resale and any nonretail	75595
sale made in furtherance of a commercial enterprise. For purposes	75596
of enforcement of these regulations under section 4905.83 of the	75597
Revised Code, any sales transaction exceeding one thousand pounds	75598
shall be rebuttably presumed to be a wholesale or commercial sale.	75599

Sec. 3743.19. In addition to conforming to the rules of the	75600
fire marshal adopted pursuant to section 3743.18 of the Revised	75601
Code, licensed wholesalers of fireworks shall conduct their	75602
business operations in accordance with the following:	75603

(A) A wholesaler shall conduct its business operations from	75604
the location described in its application for licensure or in a	75605
notification submitted under division (B) of section 3743.17 of	75606
the Revised Code.	75607

(B) Signs indicating that smoking is generally forbidden and	75608
trespassing is prohibited on the premises of a wholesaler shall be	75609
posted on the premises as determined by the fire marshal.	75610

(C) Reasonable precautions shall be taken to protect the	75611
premises of a wholesaler from trespass, loss, theft, or	75612
destruction.	75613

(D) Smoking or the carrying of pipes, cigarettes, or cigars,	75614
matches, lighters, other flame-producing items, or open flame on,	75615
or the carrying of a concealed source of ignition into, the	75616
premises of a wholesaler is prohibited, except that a wholesaler	75617
may permit smoking in specified lunchrooms or restrooms in	75618
buildings or other structures in which no sales, handling, or	75619
storage of fireworks takes place. "NO SMOKING" signs shall be	75620
posted on the premises as required by the fire marshal.	75621

(E) Fire and explosion prevention and other reasonable safety	75622
measures and precautions shall be implemented by a wholesaler.	75623

(F) Persons shall not be permitted to have in their	75624
possession or under their control, while they are on the premises	75625
of a wholesaler, any intoxicating liquor, beer, or controlled	75626
substance, and they shall not be permitted to enter or remain on	75627
the premises if they are found to be under the influence of any	75628
intoxicating liquor, beer, or controlled substance.	75629

(G) A wholesaler shall conform to all building, safety, and	75630
zoning statutes, ordinances, rules, or other enactments that apply	75631
to its premises.	75632

(H) Each building used in the sale of fireworks shall be kept	75633
open to the public for at least four hours each day between the	75634
hours of eight a.m. and five p.m., five days of each week, every	75635
week of the year. Upon application from a licensed wholesaler, the	75636
fire marshal may waive any of the requirements of this division.	75637

(I) Awnings, tents, or canopies shall not be used as	75638
facilities for the storage or sale of fireworks. This division	75639
does not prohibit the use of an awning or canopy attached to a	75640
public access showroom for storing nonflammable shopping	75641
convenience items such as shopping carts or baskets or providing a	75642
shaded area for patrons waiting to enter the public sales area.	75643

(J) 1.4G fireworks may be stored in trailers if the trailers	75644
are properly enclosed, secured, and grounded and are separated	75645
from any structure to which the public is admitted by a distance	75646
that will, in the fire marshal's judgment, allow fire-fighting	75647
equipment to have full access to the structures on the licensed	75648
premises. Such trailers may be moved into closer proximity to any	75649
structure only to accept or discharge cargo for a period not to	75650
exceed forty-eight hours. Only two such trailers may be placed in	75651
such closer proximity at any one time. At no time may trailers be	75652
used for conducting sales of any class of fireworks nor may	75653
members of the public have access to the trailers.	75654

Storage areas for fireworks that are in the same building	75655
where fireworks are displayed and sold to the public shall be	75656
separated from the areas to which the public has access by an	75657
appropriately rated fire wall. If the licensee installs and	75658
properly maintains an early suppression fast response sprinkler	75659
system or equivalent fire suppression system as described in the	75660
fire code adopted by the fire marshal in accordance with section	75661
3737.82 of the Revised Code throughout the structure, a fire	75662
barrier wall may be substituted for a fire wall between the areas	75663
to which the public has access and the storage portions of the	75664
structure.	75665

(K) A fire suppression system as defined in section 3781.108	75666
of the Revised Code may be turned off only for repair, drainage of	75667
the system to prevent damage by freezing during the period of	75668
time, approved by the fire marshal under division (I) of this	75669
section, that the facility is closed to public access during	75670
winter months, or maintenance of the system. If any repair or	75671
maintenance is necessary during times when the facility is open	75672
for public access and business, the licensed wholesaler shall	75673
notify in advance the appropriate insurance company and fire chief	75674
or fire prevention officer regarding the nature of the maintenance	75675
or repair and the time when it will be performed.	75676

(L) If any fireworks item is removed from its original	75677
package or is manufactured with any fuse other than a fuse	75678
approved by the consumer product safety commission, then the item	75679
shall be covered completely by repackaging or bagging or it shall	75680
otherwise be covered so as to prevent ignition prior to sale.	75681

(M) A safety officer shall be present during regular business	75682
hours at a building open to the public during the period	75683
commencing fourteen days before, and ending two days after, each	75684
fourth day of July. The officer shall be highly visible, enforce	75685
this chapter and any applicable building codes to the extent the	75686
officer is authorized by law, and be one of the following:	75687

(1) A deputy sheriff;

75688

(2) A law enforcement officer of a municipal corporation,	75689
township, or township or joint ~~township~~ police district;	75690

(3) A private uniformed security guard registered under	75691
section 4749.06 of the Revised Code.	75692

(N) All doors of all buildings on the licensed premises shall	75693
swing outward.	75694

(O) All wholesale and commercial sales of fireworks shall be	75695
packaged, shipped, placarded, and transported in accordance with	75696
United States department of transportation regulations applicable	75697
to the transportation, and the offering for transportation, of	75698
hazardous materials. For purposes of this division, "wholesale and	75699
commercial sales" includes all sales for resale and any nonretail	75700
sale made in furtherance of a commercial enterprise. For purposes	75701
of enforcement of these regulations under section 4905.83 of the	75702
Revised Code, any sales transaction exceeding one thousand pounds	75703
shall be rebuttably presumed to be a wholesale or commercial sale.	75704

Sec. 3743.52. (A) The license of an exhibitor of fireworks	75705
is effective for one year from the date of its issuance by the	75706
fire marshal. If an exhibitor of fireworks wishes to continue as	75707
an exhibitor after its then effective license expires, it shall	75708
apply for a new license pursuant to section 3743.50 of the Revised	75709
Code. The fire marshal shall send a written notice of the	75710
expiration of its license to a licensed exhibitor at least two	75711
months before the expiration date.	75712

(B) The license of an exhibitor of fireworks authorizes the	75713
exhibitor to conduct public fireworks exhibitions in this state if	75714
it complies with sections 3743.50 to 3743.55 of the Revised Code	75715
and with the rules adopted by the fire marshal pursuant to section	75716
3743.53 of the Revised Code.	75717

The license is not transferable or assignable, and is subject	75718
to revocation as provided in section 3743.70 or division (D) of	75719
section 3743.99 of the Revised Code or pursuant to Chapter 119. of	75720
the Revised Code if the exhibitor fails to comply with sections	75721
3743.50 to 3743.55 of the Revised Code or the rules adopted by the	75722
fire marshal pursuant to section 3743.53 of the Revised Code.	75723

If the license of an exhibitor is revoked, the exhibitor	75724
shall cease conducting public fireworks exhibitions immediately.	75725
Subject to division (D) of section 3743.99 of the Revised Code,	75726
the exhibitor may not reapply for licensure as an exhibitor of	75727
fireworks until two years expire from the date of revocation. The	75728
fire marshal shall remove from the list of licensed exhibitors the	75729
exhibitor's name, and shall notify fire chiefs, fire prevention	75730
officers, and police chiefs or other similar chief law enforcement	75731
officers of municipal corporations, townships, or township or	75732
joint police districts in this state of the revocation.	75733

(C) Each licensed exhibitor of fireworks or a designee of the	75734
exhibitor, whose identity is provided to the fire marshal by the	75735
exhibitor, shall attend a continuing education program consisting	75736
of not less than six hours of instruction once every three years.	75737
The fire marshal shall develop the program, and the fire marshal	75738
or a person or public agency approved by the fire marshal shall	75739
conduct it. A licensed exhibitor or the exhibitor's designee who	75740
attends a program as required under this division, within one year	75741
after attending the program, and on an annual basis during the	75742
following two years, shall conduct in-service training for other	75743
employees of the licensee regarding the information obtained in	75744
the program. A licensed exhibitor shall provide the fire marshal	75745
with certified proof of full compliance with all applicable annual	75746
training requirements of the United States department of	75747
transportation and of the occupational safety and health	75748
administration. A licensed exhibitor shall provide the fire	75749
marshal with notice of the date, time, and place of all in-service	75750
training not less than thirty days prior to an in-service training	75751
event. An individual exhibitor who has no employees shall not	75752
fulfill continuing education requirements through a designee.	75753

Sec. 3743.53. (A) The fire marshal shall adopt rules in	75754
accordance with Chapter 119. of the Revised Code that establish	75755
qualifications that all applicants for licensure as an exhibitor	75756
of fireworks shall satisfy. These rules shall be designed to	75757
provide a reasonable degree of assurance that individuals	75758
conducting public fireworks exhibitions in this state are	75759
proficient in handling and discharging fireworks, are capable of	75760
handling the responsibilities associated with exhibitions as	75761
prescribed by rule of the fire marshal pursuant to divisions (B)	75762
and (E) of this section or as prescribed by sections 3743.50 to	75763
3743.55 of the Revised Code, and will conduct fireworks	75764
exhibitions in a manner that emphasizes the safety and security of	75765
the public. The rules shall be consistent with sections 3743.50 to	75766
3743.55 of the Revised Code and may include, in addition to other	75767
requirements prescribed by the fire marshal, a requirement that	75768
the applicant for licensure successfully complete a written	75769
examination or otherwise successfully demonstrate its proficiency	75770
in the handling and discharging of fireworks in a safe manner and	75771
its ability to handle the responsibilities associated with	75772
exhibitions.	75773

(B) The fire marshal shall adopt rules in accordance with	75774
Chapter 119. of the Revised Code that govern the nature and	75775
conduct of public fireworks exhibitions by licensed exhibitors of	75776
fireworks. These rules shall be designed to promote the safety and	75777
security of persons viewing a fireworks exhibition, to promote the	75778
safety of persons who, although not viewing an exhibition, could	75779
be affected by fireworks used at it, and to promote the safety and	75780
security of exhibitors and their assistants.	75781

The rules shall be consistent with sections 3743.50 to	75782
3743.55 of the Revised Code; except as otherwise provided in this	75783
section, shall be substantially equivalent to the most recent	75784
versions of chapters 1123, 1124, and 1126 of the most recent	75785
national fire protection association standards; and shall apply	75786
to, but not be limited to, the following subject matters:	75787

(1) The construction of shells used in a fireworks	75788
exhibition;	75789

(2) Except as the storage and securing of fireworks is	75790
addressed by the rules adopted under division (E) of this section,	75791
the storage, securing, and supervision of fireworks pending their	75792
use in, and during the course of, a fireworks exhibition, and	75793
inspections by exhibitors of fireworks to be used in an exhibition	75794
prior to their use. These rules shall regulate, among other	75795
relevant matters, the storage of fireworks in manners that will	75796
effectively eliminate or reduce the likelihood of the fireworks	75797
becoming wet or being exposed to flame, and appropriate distances	75798
between storage sites and the sites at which fireworks will be	75799
discharged.	75800

(3) The installation and nature of mortars used in a	75801
fireworks exhibition, and inspections by exhibitors of mortars	75802
prior to their use;	75803

(4) Minimum distances between storage sites, discharge sites,	75804
spectator viewing sites, parking areas, and potential landing	75805
areas of fireworks, and minimum distances between discharge sites,	75806
potential landing areas, and residential or other types of	75807
buildings or structures;	75808

(5) The nature of discharge sites and potential landing	75809
sites;	75810

(6) Fire protection, the use and location of monitors for	75811
crowd control, the use of fences and rope barriers for crowd	75812
control, illumination, smoking and the use of open flame, and	75813
posting of warning signs concerning smoking or the use of open	75814
flame in connection with fireworks exhibitions. These rules may	75815
provide some authority to local officials in determining adequate	75816
fire protection, and numbers and locations of monitors.	75817

(7) Procedures to be followed in the discharging of	75818
fireworks;	75819

(8) Weather and crowd-related conditions under which	75820
fireworks may and may not be discharged, including circumstances	75821
under which exhibitions should be postponed;	75822

(9) Inspections of premises following a fireworks exhibition	75823
for purposes of locating and disposing of defective or unexploded	75824
fireworks. Inspections shall be required immediately following an	75825
exhibition, and, if an exhibition is conducted at night, also at	75826
sunrise the following morning.	75827

(C) All mortars used in a fireworks exhibition that are	75828
greater than or equal to eight inches in diameter shall be	75829
equipped with electronic ignition equipment in accordance with	75830
chapter 1123 of the most recent edition of the national fire	75831
protection association standards.	75832

(D) Only persons who are employees of licensed exhibitors of	75833
fireworks and who are registered with the fire marshal under	75834
section 3743.56 of the Revised Code shall be permitted within the	75835
discharge perimeter of an exhibition.	75836

(E)(1) The fire marshal shall adopt rules in accordance with	75837
Chapter 119. of the Revised Code and consistent with division	75838
(E)(3) of this section that establish both of the following:	75839

(a) Uniform standards for the stability and securing of	75840
fireworks storage racks used at a fireworks exhibition;	75841

(b) A detailed checklist that a fire chief or fire prevention	75842
officer, in consultation with a police chief or other similar	75843
chief law enforcement officer of a municipal corporation,	75844
township, or township or joint police district or with a designee	75845
of such a police chief or other similar chief law enforcement	75846
officer, shall complete, while conducting the inspection required	75847
under division (C) of section 3743.54 of the Revised Code at the	75848
premises at which a fireworks exhibition will take place, to	75849
ensure that the exhibition will comply with all applicable	75850
requirements of this chapter, and all applicable rules adopted	75851
under this chapter, that regulate the conduct of a fireworks	75852
exhibition.	75853

(2) Each licensed exhibitor of fireworks shall comply with	75854
the rules that the fire marshal adopts under division (E)(1)(a) of	75855
this section.	75856

(3) Prior to the fire marshal's adoption of the rules	75857
referred to in divisions (E)(1)(a) and (b) of this section, the	75858
director of commerce shall appoint a committee consisting of the	75859
fire marshal, three representatives of the fireworks industry, and	75860
three representatives of the fire service industry to assist the	75861
fire marshal in adopting those rules. The fire marshal shall adopt	75862
initial rules under those divisions by not later than May 1, 2001.	75863

(F) A fire chief or fire prevention officer, in consultation	75864
with a police chief or other similar chief law enforcement officer	75865
of a municipal corporation, township, or township or joint police	75866
district or with a designee of such a police chief or other	75867
similar chief law enforcement officer, shall conduct the	75868
inspection referred to in division (E)(1)(b) of this section,	75869
complete the checklist referred to in division (E)(1)(b) of this	75870
section while conducting the inspection, and provide a copy of the	75871
completed checklist to the fire marshal.	75872

(G) A designee, if any, designated by a police chief or other	75873
similar chief law enforcement officer under this section or	75874
section 3743.54 of the Revised Code shall be a law enforcement	75875
officer serving in the same law enforcement agency as the police	75876
chief or other similar chief law enforcement officer.	75877

Sec. 3743.54. (A) A licensed exhibitor of fireworks may	75878
acquire fireworks for use at a public fireworks exhibition only	75879
from a licensed manufacturer of fireworks or licensed wholesaler	75880
of fireworks, and only in accordance with the procedures specified	75881
in this section and section 3743.55 of the Revised Code.	75882

(B)(1) A licensed exhibitor of fireworks who wishes to	75883
conduct a public fireworks exhibition shall apply for approval to	75884
conduct the exhibition to whichever of the following persons is	75885
appropriate under the circumstances:	75886

(a) Unless division (B)(1)(c) or (d) of this section applies,	75887
if the exhibition will take place in a municipal corporation, the	75888
approval shall be obtained from the fire chief, and from the	75889
police chief or other similar chief law enforcement officer, or	75890
the designee of the police chief or similar chief law enforcement	75891
officer, of the particular municipal corporation.	75892

(b) Unless division (B)(1)(c) or (d) of this section applies,	75893
if the exhibition will take place in an unincorporated area, the	75894
approval shall be obtained from the fire chief of the particular	75895
township or township fire district, and from the police chief or	75896
other similar chief law enforcement officer, or the designee of	75897
the police chief or similar chief law enforcement officer, of the	75898
particular township, or township or joint police district.	75899

(c) If fire protection services for the premises on which the	75900
exhibition will take place are provided in accordance with a	75901
contract between political subdivisions, the approval shall be	75902
obtained from the fire chief of the political subdivision	75903
providing the fire protection services and from the police chief	75904
or other similar chief law enforcement officer, or the designee of	75905
the police chief or similar chief law enforcement officer, of the	75906
political subdivision in which the premises on which the	75907
exhibition will take place are located. If police services for the	75908
premises on which the exhibition will take place are provided in	75909
accordance with a contract between political subdivisions, the	75910
approval shall be obtained from the police chief or other similar	75911
chief law enforcement officer, or the designee of the police chief	75912
or similar chief law enforcement officer, of the political	75913
subdivision providing the police services and from the fire chief	75914
of the political subdivision in which the premises on which the	75915
exhibition will take place are located. If both fire and police	75916
protection services for the premises on which the exhibition will	75917
take place are provided in accordance with a contract between	75918
political subdivisions, the approval shall be obtained from the	75919
fire chief, and from the police chief or other similar chief law	75920
enforcement officer, or the designee of the police chief or	75921
similar chief law enforcement officer, of the political	75922
subdivisions providing the police and fire protection services.	75923

(d) If there is no municipal corporation, township, or	75924
township fire district fire department, no municipal corporation,	75925
township, or township or joint police district police department,	75926
and no contract for police or fire protection services between	75927
political subdivisions covering the premises on which the	75928
exhibition will take place, the approval shall be obtained from	75929
the fire prevention officer, and from the police chief or other	75930
similar chief law enforcement officer, or the designee of the	75931
police chief or other similar chief law enforcement officer,	75932
having jurisdiction over the premises.	75933

(2) The approval required by division (B)(1) of this section	75934
shall be evidenced by the fire chief or fire prevention officer	75935
and by the police chief or other similar chief law enforcement	75936
officer, or the designee of the police chief or other similar	75937
chief law enforcement officer, signing a permit for the	75938
exhibition. The fire marshal shall prescribe the form of	75939
exhibition permits and distribute copies of the form to fire	75940
chiefs, to fire prevention officers, and to police chiefs or other	75941
similar chief law enforcement officers of municipal corporations,	75942
townships, or township or joint police districts, or their	75943
designees, in this state. Any exhibitor of fireworks who wishes to	75944
conduct a public fireworks exhibition may obtain a copy of the	75945
form from the fire marshal or, if it is available, from a fire	75946
chief, a fire prevention officer, a police chief or other similar	75947
chief law enforcement officer of a municipal corporation,	75948
township, or township or joint police district, or a designee of	75949
such a police chief or other similar chief law enforcement	75950
officer.	75951

(C) Before a permit is signed and issued to a licensed	75952
exhibitor of fireworks, the fire chief or fire prevention officer,	75953
in consultation with the police chief or other similar chief law	75954
enforcement officer or with the designee of the police chief or	75955
other similar chief law enforcement officer, shall inspect the	75956
premises on which the exhibition will take place and shall	75957
determine that, in fact, the applicant for the permit is a	75958
licensed exhibitor of fireworks. Each applicant shall show the	75959
applicant's license as an exhibitor of fireworks to the fire chief	75960
or fire prevention officer.	75961

The fire chief or fire prevention officer, and the police	75962
chief or other similar chief law enforcement officer, or the	75963
designee of the police chief or other similar chief law	75964
enforcement officer, shall give approval to conduct a public	75965
fireworks exhibition only if satisfied, based on the inspection,	75966
that the premises on which the exhibition will be conducted allow	75967
the exhibitor to comply with the rules adopted by the fire marshal	75968
pursuant to divisions (B) and (E) of section 3743.53 of the	75969
Revised Code and that the applicant is, in fact, a licensed	75970
exhibitor of fireworks. The fire chief or fire prevention officer,	75971
in consultation with the police chief or other similar chief law	75972
enforcement officer or with the designee of the police chief or	75973
other similar chief law enforcement officer, may inspect the	75974
premises immediately prior to the exhibition to determine if the	75975
exhibitor has complied with the rules, and may revoke a permit for	75976
noncompliance with the rules.	75977

(D) If the legislative authorities of their political	75978
subdivisions have prescribed a fee for the issuance of a permit	75979
for a public fireworks exhibition, fire chiefs or fire prevention	75980
officers, and police chiefs, other similar chief law enforcement	75981
officers, or their designee, shall not issue a permit until the	75982
exhibitor pays the requisite fee.	75983

Each exhibitor shall provide an indemnity bond in the amount	75984
of at least one million dollars, with surety satisfactory to the	75985
fire chief or fire prevention officer and to the police chief or	75986
other similar chief law enforcement officer, or the designee of	75987
the police chief or other similar chief law enforcement officer,	75988
conditioned for the payment of all final judgments that may be	75989
rendered against the exhibitor on account of injury, death, or	75990
loss to persons or property emanating from the fireworks	75991
exhibition, or proof of insurance coverage of at least one million	75992
dollars for liability arising from injury, death, or loss to	75993
persons or property emanating from the fireworks exhibition. The	75994
legislative authority of a political subdivision in which a public	75995
fireworks exhibition will take place may require the exhibitor to	75996
provide an indemnity bond or proof of insurance coverage in	75997
amounts greater than those required by this division. Fire chiefs	75998
or fire prevention officers, and police chiefs, other similar	75999
chief law enforcement officers, or their designee, shall not issue	76000
a permit until the exhibitor provides the bond or proof of the	76001
insurance coverage required by this division or by the political	76002
subdivision in which the fireworks exhibition will take place.	76003

(E)(1) Each permit for a fireworks exhibition issued by a	76004
fire chief or fire prevention officer, and by the police chief or	76005
other similar chief law enforcement officer, or the designee of	76006
the police chief or other similar chief law enforcement officer,	76007
shall contain a distinct number, designate the municipal	76008
corporation, township, or township fire or police district, or	76009
joint police district of the fire chief, fire prevention officer,	76010
police chief or other similar chief law enforcement officer, or	76011
designee of the police chief or other similar chief law	76012
enforcement officer, and identify the certified fire safety	76013
inspector, fire chief, or fire prevention officer who will be	76014
present before, during, and after the exhibition, where	76015
appropriate. A copy of each permit issued shall be forwarded by	76016
the fire chief or fire prevention officer, and by the police chief	76017
or other similar chief law enforcement officer, or the designee of	76018
the police chief or other similar chief law enforcement officer,	76019
issuing it to the fire marshal, who shall keep a record of the	76020
permits received. A permit is not transferable or assignable.	76021

(2) Each fire chief, fire prevention officer, police chief or	76022
other similar chief law enforcement officer, and designee of a	76023
police chief or other similar chief law enforcement officer shall	76024
keep a record of issued permits for fireworks exhibitions. In this	76025
list, the fire chief, fire prevention officer, police chief or	76026
other similar chief law enforcement officer, and designee of a	76027
police chief or other similar chief law enforcement officer shall	76028
list the name of the exhibitor, the exhibitor's license number,	76029
the premises on which the exhibition will be conducted, the date	76030
and time of the exhibition, and the number and political	76031
subdivision designation of the permit issued to the exhibitor for	76032
the exhibition.	76033

(F) The governing authority having jurisdiction in the	76034
location where an exhibition is to take place shall require that a	76035
certified fire safety inspector, fire chief, or fire prevention	76036
officer be present before, during, and after the exhibition, and	76037
shall require the certified fire safety inspector, fire chief, or	76038
fire prevention officer to inspect the premises where the	76039
exhibition is to take place and determine whether the exhibition	76040
is in compliance with this chapter.	76041

(G) Notwithstanding any provision of the Revised Code to the	76042
contrary, the state fire marshal is hereby authorized to create	76043
additional license categories for fireworks exhibitors and to	76044
create additional permit requirements for fireworks exhibitions	76045
for the indoor use of fireworks and other uses of pyrotechnics,	76046
including the use of pyrotechnic materials that do not meet the	76047
definition of fireworks as described in section 3743.01 of the	76048
Revised Code. Such licenses and permits and the fees for such	76049
licenses and permits shall be described in rules adopted by the	76050
fire marshal under Chapter 119. of the Revised Code. Such rules	76051
may provide for different standards for exhibitor licensure and	76052
the permitting and conducting of a fireworks exhibition than the	76053
requirements of this chapter.	76054

Prior to the state fire marshal's adoption of the rules	76055
described in this division, the director of commerce shall appoint	76056
a committee consisting of the state fire marshal or the marshal's	76057
designee, three representatives of the fireworks industry, and	76058
three representatives of the fire service to assist the state fire	76059
marshal in adopting these rules. Unless an extension is granted by	76060
the director of commerce, the state fire marshal shall adopt	76061
initial rules under this section not later than July 1, 2010.	76062

Sec. 3743.64. (A) No person shall conduct a fireworks	76063
exhibition in this state or act as an exhibitor of fireworks in	76064
this state unless the person is a licensed exhibitor of fireworks.	76065

(B) No person shall conduct a fireworks exhibition in this	76066
state or act as an exhibitor of fireworks in this state after the	76067
person's license as an exhibitor of fireworks has expired, been	76068
denied renewal, or been revoked, unless a new license has been	76069
obtained.	76070

(C) No licensed exhibitor of fireworks shall fail to comply	76071
with the applicable requirements of the rules adopted by the fire	76072
marshal pursuant to divisions (B) and (E) of section 3743.53 of	76073
the Revised Code or to comply with divisions (C) and (D) of that	76074
section.	76075

(D) No licensed exhibitor of fireworks shall conduct a	76076
fireworks exhibition unless a permit has been secured for the	76077
exhibition pursuant to section 3743.54 of the Revised Code or if a	76078
permit so secured is revoked by a fire chief or fire prevention	76079
officer, in consultation with a police chief or other similar	76080
chief law enforcement officer of a municipal corporation,	76081
township, or township or joint police district or with a designee	76082
of such a police chief or other similar chief law enforcement	76083
officer, pursuant to that section.	76084

(E) No licensed exhibitor of fireworks shall acquire	76085
fireworks for use at a fireworks exhibition other than in	76086
accordance with sections 3743.54 and 3743.55 of the Revised Code.	76087

(F) No licensed exhibitor of fireworks or other person	76088
associated with the conduct of a fireworks exhibition shall have	76089
possession or control of, or be under the influence of, any	76090
intoxicating liquor, beer, or controlled substance while on the	76091
premises on which the exhibition is being conducted.	76092

(G) No licensed exhibitor of fireworks shall permit an	76093
employee to assist the licensed exhibitor in conducting fireworks	76094
exhibitions unless the employee is registered with the fire	76095
marshal under section 3743.56 of the Revised Code.	76096

(H) Except as provided in division (C) of section 3743.541 of	76097
the Revised Code, no person shall knowingly, or knowingly permit	76098
another person to, dismantle, reposition, or otherwise disturb any	76099
fireworks, associated equipment or materials, or other items	76100
within a fireworks incident site, or any evidence related to a	76101
fireworks incident, at any time after that person has reason to	76102
believe a fireworks incident has occurred, before the state fire	76103
marshal, the state fire marshal's designee, a member of the state	76104
fire marshal's staff, or other appropriate state or local law	76105
enforcement authorities permit in accordance with section 3743.541	76106
of the Revised Code the dismantling, repositioning, or other	76107
disturbance of the fireworks, equipment, materials, or items	76108
within the fireworks incident site or of any evidence related to	76109
the fireworks incident.	76110

Sec. 3745.015. There is hereby created in the state treasury	76111
the environmental protection fund consisting of money credited to	76112
the fund under ~~divisions~~division (A)(3) ~~and (4)~~ of section	76113
3734.57 of the Revised Code. The environmental protection agency	76114
shall use money in the fund to pay the agency's costs associated	76115
with administering and enforcing, or otherwise conducting	76116
activities under, this chapter and Chapters 3704., 3734., 3746.,	76117
3747., 3748., 3750., 3751., 3752., 3753., 5709., 6101., 6103.,	76118
6105., 6109., 6111., 6112., 6113., 6115., 6117., and 6119. and	76119
sections 122.65 and 1521.19 of the Revised Code.	76120

Sec. 3745.016. There is hereby created in the state treasury	76121
the federally supported cleanup and response fund consisting of	76122
money credited to the fund from federal grants, gifts, and	76123
contributions to support the investigation and remediation of	76124
contaminated property. The environmental protection agency shall	76125
use money in the fund to support the investigation and remediation	76126
of contaminated property.	76127

Sec. 3745.11. (A) Applicants for and holders of permits,	76128
licenses, variances, plan approvals, and certifications issued by	76129
the director of environmental protection pursuant to Chapters	76130
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	76131
to the environmental protection agency for each such issuance and	76132
each application for an issuance as provided by this section. No	76133
fee shall be charged for any issuance for which no application has	76134
been submitted to the director.	76135

(B) Each person who is issued a permit to install prior to	76136
July 1, 2003, pursuant to rules adopted under division (F) of	76137
section 3704.03 of the Revised Code shall pay the fees specified	76138
in the following schedules:	76139

(1) Fuel-burning equipment (boilers)

76140

Input capacity (maximum)					76141
(million British thermal units per hour)		Permit to install			76142

Greater than 0, but less than 10	$ 200	76143
10 or more, but less than 100	400	76144
100 or more, but less than 300	800	76145
300 or more, but less than 500	1500	76146
500 or more, but less than 1000	2500	76147
1000 or more, but less than 5000	4000	76148
5000 or more	6000	76149

Units burning exclusively natural gas, number two fuel oil,	76150
or both shall be assessed a fee that is one-half of the applicable	76151
amount established in division (F)(1) of this section.	76152

(2) Incinerators

76153

Input capacity (pounds per hour)

Permit to install

76154

0 to 100	$ 100	76155
101 to 500	400	76156
501 to 2000	750	76157
2001 to 20,000	1000	76158
more than 20,000	2500	76159

(3)(a) Process

76160

Process weight rate (pounds per hour)

Permit to install

76161

0 to 1000	$ 200	76162
1001 to 5000	400	76163
5001 to 10,000	600	76164
10,001 to 50,000	800	76165
more than 50,000	1000	76166

In any process where process weight rate cannot be	76167
ascertained, the minimum fee shall be assessed.	76168

(b) Notwithstanding division (B)(3)(a) of this section, any	76169
person issued a permit to install pursuant to rules adopted under	76170
division (F) of section 3704.03 of the Revised Code shall pay the	76171
fees established in division (B)(3)(c) of this section for a	76172
process used in any of the following industries, as identified by	76173
the applicable four-digit standard industrial classification code	76174
according to the Standard Industrial Classification Manual	76175
published by the United States office of management and budget in	76176
the executive office of the president, 1972, as revised:	76177

1211 Bituminous coal and lignite mining;

76178

1213 Bituminous coal and lignite mining services;

76179

1411 Dimension stone;

76180

1422 Crushed and broken limestone;

76181

1427 Crushed and broken stone, not elsewhere classified;

76182

1442 Construction sand and gravel;

76183

1446 Industrial sand;

76184

3281 Cut stone and stone products;

76185

3295 Minerals and earth, ground or otherwise treated.

76186

(c) The fees established in the following schedule apply to	76187
the issuance of a permit to install pursuant to rules adopted	76188
under division (F) of section 3704.03 of the Revised Code for a	76189
process listed in division (B)(3)(b) of this section:	76190

Process weight rate (pounds per hour)

Permit to install

76191

0 to 1000	$ 200	76192
10,001 to 50,000	300	76193
50,001 to 100,000	400	76194
100,001 to 200,000	500	76195
200,001 to 400,000	600	76196
400,001 or more	700	76197

(4) Storage tanks

76198

Gallons (maximum useful capacity)

Permit to install

76199

0 to 20,000	$ 100	76200
20,001 to 40,000	150	76201
40,001 to 100,000	200	76202
100,001 to 250,000	250	76203
250,001 to 500,000	350	76204
500,001 to 1,000,000	500	76205
1,000,001 or greater	750	76206

(5) Gasoline/fuel dispensing facilities

76207

For each gasoline/fuel dispensing		Permit to install			76208
facility		$ 100			76209

(6) Dry cleaning facilities

76210

For each dry cleaning facility		Permit to install			76211
(includes all units at the facility)		$ 100			76212

(7) Registration status

76213

For each source covered		Permit to install			76214
by registration status		$ 75			76215

(C)(1) Except as otherwise provided in division (C)(2) of	76216
this section, beginning July 1, 1994, each person who owns or	76217
operates an air contaminant source and who is required to apply	76218
for and obtain a Title V permit under section 3704.036 of the	76219
Revised Code shall pay the fees set forth in division (C)(1) of	76220
this section. For the purposes of that division, total emissions	76221
of air contaminants may be calculated using engineering	76222
calculations, emissions factors, material balance calculations, or	76223
performance testing procedures, as authorized by the director.	76224

The following fees shall be assessed on the total actual	76225
emissions from a source in tons per year of the regulated	76226
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	76227
organic compounds, and lead:	76228

(a) Fifteen dollars per ton on the total actual emissions of	76229
each such regulated pollutant during the period July through	76230
December 1993, to be collected no sooner than July 1, 1994;	76231

(b) Twenty dollars per ton on the total actual emissions of	76232
each such regulated pollutant during calendar year 1994, to be	76233
collected no sooner than April 15, 1995;	76234

(c) Twenty-five dollars per ton on the total actual emissions	76235
of each such regulated pollutant in calendar year 1995, and each	76236
subsequent calendar year, to be collected no sooner than the	76237
fifteenth day of April of the year next succeeding the calendar	76238
year in which the emissions occurred.	76239

The fees levied under division (C)(1) of this section do not	76240
apply to that portion of the emissions of a regulated pollutant at	76241
a facility that exceed four thousand tons during a calendar year.	76242

(2) The fees assessed under division (C)(1) of this section	76243
are for the purpose of providing funding for the Title V permit	76244
program.	76245

(3) The fees assessed under division (C)(1) of this section	76246
do not apply to emissions from any electric generating unit	76247
designated as a Phase I unit under Title IV of the federal Clean	76248
Air Act prior to calendar year 2000. Those fees shall be assessed	76249
on the emissions from such a generating unit commencing in	76250
calendar year 2001 based upon the total actual emissions from the	76251
generating unit during calendar year 2000 and shall continue to be	76252
assessed each subsequent calendar year based on the total actual	76253
emissions from the generating unit during the preceding calendar	76254
year.	76255

(4) The director shall issue invoices to owners or operators	76256
of air contaminant sources who are required to pay a fee assessed	76257
under division (C) or (D) of this section. Any such invoice shall	76258
be issued no sooner than the applicable date when the fee first	76259
may be collected in a year under the applicable division, shall	76260
identify the nature and amount of the fee assessed, and shall	76261
indicate that the fee is required to be paid within thirty days	76262
after the issuance of the invoice.	76263

(D)(1) Except as provided in division (D)(3) of this section,	76264
from January 1, 1994, through December 31, 2003, each person who	76265
owns or operates an air contaminant source; who is required to	76266
apply for a permit to operate pursuant to rules adopted under	76267
division (G), or a variance pursuant to division (H), of section	76268
3704.03 of the Revised Code; and who is not required to apply for	76269
and obtain a Title V permit under section 3704.036 of the Revised	76270
Code shall pay a single fee based upon the sum of the actual	76271
annual emissions from the facility of the regulated pollutants	76272
particulate matter, sulfur dioxide, nitrogen oxides, organic	76273
compounds, and lead in accordance with the following schedule:	76274

Total tons per year		76275
of regulated pollutants	Annual fee	76276
emitted	per facility	76277
More than 0, but less than 50	$ 75	76278
50 or more, but less than 100	300	76279
100 or more	700	76280

(2) Except as provided in division (D)(3) of this section,	76281
beginning January 1, 2004, each person who owns or operates an air	76282
contaminant source; who is required to apply for a permit to	76283
operate pursuant to rules adopted under division (G), or a	76284
variance pursuant to division (H), of section 3704.03 of the	76285
Revised Code; and who is not required to apply for and obtain a	76286
Title V permit under section 3704.03 of the Revised Code shall pay	76287
a single fee based upon the sum of the actual annual emissions	76288
from the facility of the regulated pollutants particulate matter,	76289
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	76290
accordance with the following schedule:	76291

Total tons per year		76292
of regulated pollutants	Annual fee	76293
emitted	per facility	76294
More than 0, but less than 10	$ 100	76295
10 or more, but less than 50	200	76296
50 or more, but less than 100	300	76297
100 or more	700	76298

(3)(a) As used in division (D) of this section, "synthetic	76299
minor facility" means a facility for which one or more permits to	76300
install or permits to operate have been issued for the air	76301
contaminant sources at the facility that include terms and	76302
conditions that lower the facility's potential to emit air	76303
contaminants below the major source thresholds established in	76304
rules adopted under section 3704.036 of the Revised Code.	76305

(b) Beginning January 1, 2000, through June 30, ~~2012~~2014,	76306
each person who owns or operates a synthetic minor facility shall	76307
pay an annual fee based on the sum of the actual annual emissions	76308
from the facility of particulate matter, sulfur dioxide, nitrogen	76309
dioxide, organic compounds, and lead in accordance with the	76310
following schedule:	76311

Combined total tons		76312
per year of all regulated	Annual fee	76313
pollutants emitted	per facility	76314

Less than 10	$ 170	76315
10 or more, but less than 20	340	76316
20 or more, but less than 30	670	76317
30 or more, but less than 40	1,010	76318
40 or more, but less than 50	1,340	76319
50 or more, but less than 60	1,680	76320
60 or more, but less than 70	2,010	76321
70 or more, but less than 80	2,350	76322
80 or more, but less than 90	2,680	76323
90 or more, but less than 100	3,020	76324
100 or more	3,350	76325

(4) The fees assessed under division (D)(1) of this section	76326
shall be collected annually no sooner than the fifteenth day of	76327
April, commencing in 1995. The fees assessed under division (D)(2)	76328
of this section shall be collected annually no sooner than the	76329
fifteenth day of April, commencing in 2005. The fees assessed	76330
under division (D)(3) of this section shall be collected no sooner	76331
than the fifteenth day of April, commencing in 2000. The fees	76332
assessed under division (D) of this section in a calendar year	76333
shall be based upon the sum of the actual emissions of those	76334
regulated pollutants during the preceding calendar year. For the	76335
purpose of division (D) of this section, emissions of air	76336
contaminants may be calculated using engineering calculations,	76337
emission factors, material balance calculations, or performance	76338
testing procedures, as authorized by the director. The director,	76339
by rule, may require persons who are required to pay the fees	76340
assessed under division (D) of this section to pay those fees	76341
biennially rather than annually.	76342

(E)(1) Consistent with the need to cover the reasonable costs	76343
of the Title V permit program, the director annually shall	76344
increase the fees prescribed in division (C)(1) of this section by	76345
the percentage, if any, by which the consumer price index for the	76346
most recent calendar year ending before the beginning of a year	76347
exceeds the consumer price index for calendar year 1989. Upon	76348
calculating an increase in fees authorized by division (E)(1) of	76349
this section, the director shall compile revised fee schedules for	76350
the purposes of division (C)(1) of this section and shall make the	76351
revised schedules available to persons required to pay the fees	76352
assessed under that division and to the public.	76353

(2) For the purposes of division (E)(1) of this section:

76354

(a) The consumer price index for any year is the average of	76355
the consumer price index for all urban consumers published by the	76356
United States department of labor as of the close of the	76357
twelve-month period ending on the thirty-first day of August of	76358
that year.	76359

(b) If the 1989 consumer price index is revised, the director	76360
shall use the revision of the consumer price index that is most	76361
consistent with that for calendar year 1989.	76362

(F) Each person who is issued a permit to install pursuant to	76363
rules adopted under division (F) of section 3704.03 of the Revised	76364
Code on or after July 1, 2003, shall pay the fees specified in the	76365
following schedules:	76366

(1) Fuel-burning equipment (boilers, furnaces, or process	76367
heaters used in the process of burning fuel for the primary	76368
purpose of producing heat or power by indirect heat transfer)	76369

Input capacity (maximum)		76370
(million British thermal units per hour)	Permit to install	76371
Greater than 0, but less than 10	$ 200	76372
10 or more, but less than 100	400	76373
100 or more, but less than 300	1000	76374
300 or more, but less than 500	2250	76375
500 or more, but less than 1000	3750	76376
1000 or more, but less than 5000	6000	76377
5000 or more	9000	76378

Units burning exclusively natural gas, number two fuel oil,	76379
or both shall be assessed a fee that is one-half the applicable	76380
amount shown in division (F)(1) of this section.	76381

(2) Combustion turbines and stationary internal combustion	76382
engines designed to generate electricity	76383

Generating capacity (mega watts)	Permit to install	76384
0 or more, but less than 10	$ 25	76385
10 or more, but less than 25	150	76386
25 or more, but less than 50	300	76387
50 or more, but less than 100	500	76388
100 or more, but less than 250	1000	76389
250 or more	2000	76390

(3) Incinerators

76391

Input capacity (pounds per hour)	Permit to install	76392
0 to 100	$ 100	76393
101 to 500	500	76394
501 to 2000	1000	76395
2001 to 20,000	1500	76396
more than 20,000	3750	76397

(4)(a) Process

76398

Process weight rate (pounds per hour)	Permit to install	76399
0 to 1000	$ 200	76400
1001 to 5000	500	76401
5001 to 10,000	750	76402
10,001 to 50,000	1000	76403
more than 50,000	1250	76404

In any process where process weight rate cannot be	76405
ascertained, the minimum fee shall be assessed. A boiler, furnace,	76406
combustion turbine, stationary internal combustion engine, or	76407
process heater designed to provide direct heat or power to a	76408
process not designed to generate electricity shall be assessed a	76409
fee established in division (F)(4)(a) of this section. A	76410
combustion turbine or stationary internal combustion engine	76411
designed to generate electricity shall be assessed a fee	76412
established in division (F)(2) of this section.	76413

(b) Notwithstanding division (F)(4)(a) of this section, any	76414
person issued a permit to install pursuant to rules adopted under	76415
division (F) of section 3704.03 of the Revised Code shall pay the	76416
fees set forth in division (F)(4)(c) of this section for a process	76417
used in any of the following industries, as identified by the	76418
applicable two-digit, three-digit, or four-digit standard	76419
industrial classification code according to the Standard	76420
Industrial Classification Manual published by the United States	76421
office of management and budget in the executive office of the	76422
president, 1987, as revised:	76423

Major group 10, metal mining;

76424

Major group 12, coal mining;

76425

Major group 14, mining and quarrying of nonmetallic minerals;

76426

Industry group 204, grain mill products;

76427

2873 Nitrogen fertilizers;

76428

2874 Phosphatic fertilizers;

76429

3281 Cut stone and stone products;

76430

3295 Minerals and earth, ground or otherwise treated;

76431

4221 Grain elevators (storage only);

76432

5159 Farm related raw materials;

76433

5261 Retail nurseries and lawn and garden supply stores.

76434

(c) The fees set forth in the following schedule apply to the	76435
issuance of a permit to install pursuant to rules adopted under	76436
division (F) of section 3704.03 of the Revised Code for a process	76437
identified in division (F)(4)(b) of this section:	76438

Process weight rate (pounds per hour)	Permit to install	76439
0 to 10,000	$ 200	76440
10,001 to 50,000	400	76441
50,001 to 100,000	500	76442
100,001 to 200,000	600	76443
200,001 to 400,000	750	76444
400,001 or more	900	76445

(5) Storage tanks

76446

Gallons (maximum useful capacity)	Permit to install	76447
0 to 20,000	$ 100	76448
20,001 to 40,000	150	76449
40,001 to 100,000	250	76450
100,001 to 500,000	400	76451
500,001 or greater	750	76452

(6) Gasoline/fuel dispensing facilities

76453

For each gasoline/fuel		76454
dispensing facility (includes all	Permit to install	76455
units at the facility)	$ 100	76456

(7) Dry cleaning facilities

76457

For each dry cleaning		76458
facility (includes all units	Permit to install	76459
at the facility)	$ 100	76460

(8) Registration status

76461

For each source covered			Permit to install			76462
by registration status			$ 75			76463

(G) An owner or operator who is responsible for an asbestos	76464
demolition or renovation project pursuant to rules adopted under	76465
section 3704.03 of the Revised Code shall pay the fees set forth	76466
in the following schedule:	76467

Action	Fee	76468
Each notification	$75	76469
Asbestos removal	$3/unit	76470
Asbestos cleanup	$4/cubic yard	76471

For purposes of this division, "unit" means any combination of	76472
linear feet or square feet equal to fifty.	76473

(H) A person who is issued an extension of time for a permit	76474
to install an air contaminant source pursuant to rules adopted	76475
under division (F) of section 3704.03 of the Revised Code shall	76476
pay a fee equal to one-half the fee originally assessed for the	76477
permit to install under this section, except that the fee for such	76478
an extension shall not exceed two hundred dollars.	76479

(I) A person who is issued a modification to a permit to	76480
install an air contaminant source pursuant to rules adopted under	76481
section 3704.03 of the Revised Code shall pay a fee equal to	76482
one-half of the fee that would be assessed under this section to	76483
obtain a permit to install the source. The fee assessed by this	76484
division only applies to modifications that are initiated by the	76485
owner or operator of the source and shall not exceed two thousand	76486
dollars.	76487

(J) Notwithstanding division (B) or (F) of this section, a	76488
person who applies for or obtains a permit to install pursuant to	76489
rules adopted under division (F) of section 3704.03 of the Revised	76490
Code after the date actual construction of the source began shall	76491
pay a fee for the permit to install that is equal to twice the fee	76492
that otherwise would be assessed under the applicable division	76493
unless the applicant received authorization to begin construction	76494
under division (W) of section 3704.03 of the Revised Code. This	76495
division only applies to sources for which actual construction of	76496
the source begins on or after July 1, 1993. The imposition or	76497
payment of the fee established in this division does not preclude	76498
the director from taking any administrative or judicial	76499
enforcement action under this chapter, Chapter 3704., 3714.,	76500
3734., or 6111. of the Revised Code, or a rule adopted under any	76501
of them, in connection with a violation of rules adopted under	76502
division (F) of section 3704.03 of the Revised Code.	76503

As used in this division, "actual construction of the source"	76504
means the initiation of physical on-site construction activities	76505
in connection with improvements to the source that are permanent	76506
in nature, including, without limitation, the installation of	76507
building supports and foundations and the laying of underground	76508
pipework.	76509

(K) Fifty cents per ton of each fee assessed under division	76510
(C) of this section on actual emissions from a source and received	76511
by the environmental protection agency pursuant to that division	76512
shall be deposited into the state treasury to the credit of the	76513
small business assistance fund created in section 3706.19 of the	76514
Revised Code. The remainder of the moneys received by the division	76515
pursuant to that division and moneys received by the agency	76516
pursuant to divisions (D), (F), (G), (H), (I), and (J) of this	76517
section shall be deposited in the state treasury to the credit of	76518
the clean air fund created in section 3704.035 of the Revised	76519
Code.	76520

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	76521
or (c) of this section, a person issued a water discharge permit	76522
or renewal of a water discharge permit pursuant to Chapter 6111.	76523
of the Revised Code shall pay a fee based on each point source to	76524
which the issuance is applicable in accordance with the following	76525
schedule:	76526

Design flow discharge (gallons per day)	Fee	76527
0 to 1000	$ 0	76528
1,001 to 5000	100	76529
5,001 to 50,000	200	76530
50,001 to 100,000	300	76531
100,001 to 300,000	525	76532
over 300,000	750	76533

(b) Notwithstanding the fee schedule specified in division	76534
(L)(1)(a) of this section, the fee for a water discharge permit	76535
that is applicable to coal mining operations regulated under	76536
Chapter 1513. of the Revised Code shall be two hundred fifty	76537
dollars per mine.	76538

(c) Notwithstanding the fee schedule specified in division	76539
(L)(1)(a) of this section, the fee for a water discharge permit	76540
for a public discharger identified by I in the third character of	76541
the permittee's NPDES permit number shall not exceed seven hundred	76542
fifty dollars.	76543

(2) A person applying for a plan approval for a wastewater	76544
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	76545
of the Revised Code shall pay a fee of one hundred dollars plus	76546
sixty-five one-hundredths of one per cent of the estimated project	76547
cost through June 30, ~~2012~~2014, and one hundred dollars plus	76548
two-tenths of one per cent of the estimated project cost on and	76549
after July 1, ~~2012~~2014, except that the total fee shall not	76550
exceed fifteen thousand dollars through June 30, ~~2012~~2014, and	76551
five thousand dollars on and after July 1, ~~2012~~2014. The fee	76552
shall be paid at the time the application is submitted.	76553

(3) A person issued a modification of a water discharge	76554
permit shall pay a fee equal to one-half the fee that otherwise	76555
would be charged for a water discharge permit, except that the fee	76556
for the modification shall not exceed four hundred dollars.	76557

(4) A person who has entered into an agreement with the	76558
director under section 6111.14 of the Revised Code shall pay an	76559
administrative service fee for each plan submitted under that	76560
section for approval that shall not exceed the minimum amount	76561
necessary to pay administrative costs directly attributable to	76562
processing plan approvals. The director annually shall calculate	76563
the fee and shall notify all persons who have entered into	76564
agreements under that section, or who have applied for agreements,	76565
of the amount of the fee.	76566

(5)(a)(i) Not later than January 30, ~~2010~~2012, and January	76567
30, ~~2011~~2013, a person holding an NPDES discharge permit issued	76568
pursuant to Chapter 6111. of the Revised Code with an average	76569
daily discharge flow of five thousand gallons or more shall pay a	76570
nonrefundable annual discharge fee. Any person who fails to pay	76571
the fee at that time shall pay an additional amount that equals	76572
ten per cent of the required annual discharge fee.	76573

(ii) The billing year for the annual discharge fee	76574
established in division (L)(5)(a)(i) of this section shall consist	76575
of a twelve-month period beginning on the first day of January of	76576
the year preceding the date when the annual discharge fee is due.	76577
In the case of an existing source that permanently ceases to	76578
discharge during a billing year, the director shall reduce the	76579
annual discharge fee, including the surcharge applicable to	76580
certain industrial facilities pursuant to division (L)(5)(c) of	76581
this section, by one-twelfth for each full month during the	76582
billing year that the source was not discharging, but only if the	76583
person holding the NPDES discharge permit for the source notifies	76584
the director in writing, not later than the first day of October	76585
of the billing year, of the circumstances causing the cessation of	76586
discharge.	76587

(iii) The annual discharge fee established in division	76588
(L)(5)(a)(i) of this section, except for the surcharge applicable	76589
to certain industrial facilities pursuant to division (L)(5)(c) of	76590
this section, shall be based upon the average daily discharge flow	76591
in gallons per day calculated using first day of May through	76592
thirty-first day of October flow data for the period two years	76593
prior to the date on which the fee is due. In the case of NPDES	76594
discharge permits for new sources, the fee shall be calculated	76595
using the average daily design flow of the facility until actual	76596
average daily discharge flow values are available for the time	76597
period specified in division (L)(5)(a)(iii) of this section. The	76598
annual discharge fee may be prorated for a new source as described	76599
in division (L)(5)(a)(ii) of this section.	76600

(b) An NPDES permit holder that is a public discharger shall	76601
pay the fee specified in the following schedule:	76602

Average daily	Fee due by	76603
discharge flow	January 30,	76604
	~~2010~~ 2012, and	76605
	January 30, ~~2011~~ 2013	76606

5,000 to 49,999	$ 200	76607
50,000 to 100,000	500	76608
100,001 to 250,000	1,050	76609
250,001 to 1,000,000	2,600	76610
1,000,001 to 5,000,000	5,200	76611
5,000,001 to 10,000,000	10,350	76612
10,000,001 to 20,000,000	15,550	76613
20,000,001 to 50,000,000	25,900	76614
50,000,001 to 100,000,000	41,400	76615
100,000,001 or more	62,100	76616

Public dischargers owning or operating two or more publicly	76617
owned treatment works serving the same political subdivision, as	76618
"treatment works" is defined in section 6111.01 of the Revised	76619
Code, and that serve exclusively political subdivisions having a	76620
population of fewer than one hundred thousand shall pay an annual	76621
discharge fee under division (L)(5)(b) of this section that is	76622
based on the combined average daily discharge flow of the	76623
treatment works.	76624

(c) An NPDES permit holder that is an industrial discharger,	76625
other than a coal mining operator identified by P in the third	76626
character of the permittee's NPDES permit number, shall pay the	76627
fee specified in the following schedule:	76628

Average daily	Fee due by	76629
discharge flow	January 30,	76630
	~~2010~~ 2012, and	76631
	January 30, ~~2011~~ 2013	76632

5,000 to 49,999	$ 250	76633
50,000 to 250,000	1,200	76634
250,001 to 1,000,000	2,950	76635
1,000,001 to 5,000,000	5,850	76636
5,000,001 to 10,000,000	8,800	76637
10,000,001 to 20,000,000	11,700	76638
20,000,001 to 100,000,000	14,050	76639
100,000,001 to 250,000,000	16,400	76640
250,000,001 or more	18,700	76641

In addition to the fee specified in the above schedule, an	76642
NPDES permit holder that is an industrial discharger classified as	76643
a major discharger during all or part of the annual discharge fee	76644
billing year specified in division (L)(5)(a)(ii) of this section	76645
shall pay a nonrefundable annual surcharge of seven thousand five	76646
hundred dollars not later than January 30, ~~2010~~2012, and not	76647
later than January 30, ~~2011~~2013. Any person who fails to pay the	76648
surcharge at that time shall pay an additional amount that equals	76649
ten per cent of the amount of the surcharge.	76650

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	76651
section, a public discharger identified by I in the third	76652
character of the permittee's NPDES permit number and an industrial	76653
discharger identified by I, J, L, V, W, X, Y, or Z in the third	76654
character of the permittee's NPDES permit number shall pay a	76655
nonrefundable annual discharge fee of one hundred eighty dollars	76656
not later than January 30, ~~2010~~2012, and not later than January	76657
30, ~~2011~~2013. Any person who fails to pay the fee at that time	76658
shall pay an additional amount that equals ten per cent of the	76659
required fee.	76660

(6) Each person obtaining a national pollutant discharge	76661
elimination system general or individual permit for municipal	76662
storm water discharge shall pay a nonrefundable storm water	76663
discharge fee of one hundred dollars per square mile of area	76664
permitted. The fee shall not exceed ten thousand dollars and shall	76665
be payable on or before January 30, 2004, and the thirtieth day of	76666
January of each year thereafter. Any person who fails to pay the	76667
fee on the date specified in division (L)(6) of this section shall	76668
pay an additional amount per year equal to ten per cent of the	76669
annual fee that is unpaid.	76670

(7) The director shall transmit all moneys collected under	76671
division (L) of this section to the treasurer of state for deposit	76672
into the state treasury to the credit of the surface water	76673
protection fund created in section 6111.038 of the Revised Code.	76674

(8) As used in division (L) of this section:

76675

(a) "NPDES" means the federally approved national pollutant	76676
discharge elimination system program for issuing, modifying,	76677
revoking, reissuing, terminating, monitoring, and enforcing	76678
permits and imposing and enforcing pretreatment requirements under	76679
Chapter 6111. of the Revised Code and rules adopted under it.	76680

(b) "Public discharger" means any holder of an NPDES permit	76681
identified by P in the second character of the NPDES permit number	76682
assigned by the director.	76683

(c) "Industrial discharger" means any holder of an NPDES	76684
permit identified by I in the second character of the NPDES permit	76685
number assigned by the director.	76686

(d) "Major discharger" means any holder of an NPDES permit	76687
classified as major by the regional administrator of the United	76688
States environmental protection agency in conjunction with the	76689
director.	76690

(M) Through June 30, ~~2012~~2014, a person applying for a	76691
license or license renewal to operate a public water system under	76692
section 6109.21 of the Revised Code shall pay the appropriate fee	76693
established under this division at the time of application to the	76694
director. Any person who fails to pay the fee at that time shall	76695
pay an additional amount that equals ten per cent of the required	76696
fee. The director shall transmit all moneys collected under this	76697
division to the treasurer of state for deposit into the drinking	76698
water protection fund created in section 6109.30 of the Revised	76699
Code.	76700

Except as provided in division (M)(4) of this section, fees	76701
required under this division shall be calculated and paid in	76702
accordance with the following schedule:	76703

(1) For the initial license required under division (A)(1) of	76704
section 6109.21 of the Revised Code for any public water system	76705
that is a community water system as defined in section 6109.01 of	76706
the Revised Code, and for each license renewal required for such a	76707
system prior to January 31, ~~2012~~2014, the fee is:	76708

Number of service connections		Fee amount	76709
	Not more than 49	$ 112	76710
	50 to 99	176	76711

Number of service connections		Average cost per connection	76712
	100 to 2,499	$ 1.92	76713
	2,500 to 4,999	1.48	76714
	5,000 to 7,499	1.42	76715
	7,500 to 9,999	1.34	76716
	10,000 to 14,999	1.16	76717
	15,000 to 24,999	1.10	76718
	25,000 to 49,999	1.04	76719
	50,000 to 99,999	.92	76720
	100,000 to 149,999	.86	76721
	150,000 to 199,999	.80	76722
	200,000 or more	.76	76723

A public water system may determine how it will pay the total	76724
amount of the fee calculated under division (M)(1) of this	76725
section, including the assessment of additional user fees that may	76726
be assessed on a volumetric basis.	76727

As used in division (M)(1) of this section, "service	76728
connection" means the number of active or inactive pipes,	76729
goosenecks, pigtails, and any other fittings connecting a water	76730
main to any building outlet.	76731

(2) For the initial license required under division (A)(2) of	76732
section 6109.21 of the Revised Code for any public water system	76733
that is not a community water system and serves a nontransient	76734
population, and for each license renewal required for such a	76735
system prior to January 31, ~~2012~~2014, the fee is:	76736

Population served	Fee amount	76737
Fewer than 150	$ 112	76738
150 to 299	176	76739
300 to 749	384	76740
750 to 1,499	628	76741
1,500 to 2,999	1,268	76742
3,000 to 7,499	2,816	76743
7,500 to 14,999	5,510	76744
15,000 to 22,499	9,048	76745
22,500 to 29,999	12,430	76746
30,000 or more	16,820	76747

As used in division (M)(2) of this section, "population	76748
served" means the total number of individuals ~~receiving water from~~	76749
having access to the water supply during a twenty-four-hour period	76750
for at least sixty days during any calendar year. In the absence	76751
of a specific population count, that number shall be calculated at	76752
the rate of three individuals per service connection.	76753

(3) For the initial license required under division (A)(3) of	76754
section 6109.21 of the Revised Code for any public water system	76755
that is not a community water system and serves a transient	76756
population, and for each license renewal required for such a	76757
system prior to January 31, ~~2012~~2014, the fee is:	76758

Number of wells or sources, other than surface water, supplying system		Fee amount	76759
	1	$112	76760
	2	112	76761
	3	176	76762
	4	278	76763
	5	568	76764
	System designated as using a		76765
	surface water source	792	76766

As used in division (M)(3) of this section, "number of wells	76767
or sources, other than surface water, supplying system" means	76768
those wells or sources that are physically connected to the	76769
plumbing system serving the public water system.	76770

(4) A public water system designated as using a surface water	76771
source shall pay a fee of seven hundred ninety-two dollars or the	76772
amount calculated under division (M)(1) or (2) of this section,	76773
whichever is greater.	76774

(N)(1) A person applying for a plan approval for a public	76775
water supply system under section 6109.07 of the Revised Code	76776
shall pay a fee of one hundred fifty dollars plus thirty-five	76777
hundredths of one per cent of the estimated project cost, except	76778
that the total fee shall not exceed twenty thousand dollars	76779
through June 30, ~~2012~~2014, and fifteen thousand dollars on and	76780
after July 1, ~~2012~~2014. The fee shall be paid at the time the	76781
application is submitted.	76782

(2) A person who has entered into an agreement with the	76783
director under division (A)(2) of section 6109.07 of the Revised	76784
Code shall pay an administrative service fee for each plan	76785
submitted under that section for approval that shall not exceed	76786
the minimum amount necessary to pay administrative costs directly	76787
attributable to processing plan approvals. The director annually	76788
shall calculate the fee and shall notify all persons that have	76789
entered into agreements under that division, or who have applied	76790
for agreements, of the amount of the fee.	76791

(3) Through June 30, ~~2012~~2014, the following fee, on a per	76792
survey basis, shall be charged any person for services rendered by	76793
the state in the evaluation of laboratories and laboratory	76794
personnel for compliance with accepted analytical techniques and	76795
procedures established pursuant to Chapter 6109. of the Revised	76796
Code for determining the qualitative characteristics of water:	76797

microbiological			76798
	MMO-MUG	$2,000	76799
	MF	2,100	76800
	MMO-MUG and MF	2,550	76801
organic chemical		5,400	76802
trace metals		5,400	76803
standard chemistry		2,800	76804
limited chemistry		1,550	76805

On and after July 1, ~~2012~~2014, the following fee, on a per	76806
survey basis, shall be charged any such person:	76807

microbiological	$ 1,650	76808
organic chemicals	3,500	76809
trace metals	3,500	76810
standard chemistry	1,800	76811
limited chemistry	1,000	76812

The fee for those services shall be paid at the time the request	76813
for the survey is made. Through June 30, ~~2012~~ 2014, an individual	76814
laboratory shall not be assessed a fee under this division more	76815
than once in any three-year period unless the person requests the	76816
addition of analytical methods or analysts, in which case the	76817
person shall pay eighteen hundred dollars for each additional	76818
survey requested.	76819

As used in division (N)(3) of this section:

76820

(a) "MF" means microfiltration.

76821

(b) "MMO" means minimal medium ONPG.

76822

76823

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

76824

The director shall transmit all moneys collected under this	76825
division to the treasurer of state for deposit into the drinking	76826
water protection fund created in section 6109.30 of the Revised	76827
Code.	76828

(O) Any person applying to the director for examination for	76829
certification as an operator of a water supply system or	76830
wastewater system under Chapter 6109. or 6111. of the Revised	76831
Code, at the time the application is submitted, shall pay an	76832
application fee of forty-five dollars through November 30, ~~2012~~	76833
2014, and twenty-five dollars on and after December 1, ~~2012~~2014.	76834
Upon approval from the director that the applicant is eligible to	76835
take the examination therefor, the applicant shall pay a fee in	76836
accordance with the following schedule through November 30, ~~2012~~	76837
2014:	76838

Class A operator	$35	76839
Class I operator	60	76840
Class II operator	75	76841
Class III operator	85	76842
Class IV operator	100	76843

On and after December 1, ~~2012~~2014, the applicant shall pay a	76844
fee in accordance with the following schedule:	76845

Class A operator	$25	76846
Class I operator	$45	76847
Class II operator	55	76848
Class III operator	65	76849
Class IV operator	75	76850

A person shall pay a biennial certification renewal fee for	76851
each applicable class of certification in accordance with the	76852
following schedule:	76853

Class A operator	$25	76854
Class I operator	35	76855
Class II operator	45	76856
Class III operator	55	76857
Class IV operator	65	76858

If a certification renewal fee is received by the director	76859
more than thirty days, but not more than one year after the	76860
expiration date of the certification, the person shall pay a	76861
certification renewal fee in accordance with the following	76862
schedule:	76863

Class A operator	$45	76864
Class I operator	55	76865
Class II operator	65	76866
Class III operator	75	76867
Class IV operator	85	76868

A person who requests a replacement certificate shall pay a	76869
fee of twenty-five dollars at the time the request is made.	76870

The director shall transmit all moneys collected under this	76871
division to the treasurer of state for deposit into the drinking	76872
water protection fund created in section 6109.30 of the Revised	76873
Code.	76874

(P) Any person submitting an application for an industrial	76875
water pollution control certificate under section 6111.31 of the	76876
Revised Code, as that section existed before its repeal by H.B. 95	76877
of the 125th general assembly, shall pay a nonrefundable fee of	76878
five hundred dollars at the time the application is submitted. The	76879
director shall transmit all moneys collected under this division	76880
to the treasurer of state for deposit into the surface water	76881
protection fund created in section 6111.038 of the Revised Code. A	76882
person paying a certificate fee under this division shall not pay	76883
an application fee under division (S)(1) of this section. On and	76884
after June 26, 2003, persons shall file such applications and pay	76885
the fee as required under sections 5709.20 to 5709.27 of the	76886
Revised Code, and proceeds from the fee shall be credited as	76887
provided in section 5709.212 of the Revised Code.	76888

(Q) Except as otherwise provided in division (R) of this	76889
section, a person issued a permit by the director for a new solid	76890
waste disposal facility other than an incineration or composting	76891
facility, a new infectious waste treatment facility other than an	76892
incineration facility, or a modification of such an existing	76893
facility that includes an increase in the total disposal or	76894
treatment capacity of the facility pursuant to Chapter 3734. of	76895
the Revised Code shall pay a fee of ten dollars per thousand cubic	76896
yards of disposal or treatment capacity, or one thousand dollars,	76897
whichever is greater, except that the total fee for any such	76898
permit shall not exceed eighty thousand dollars. A person issued a	76899
modification of a permit for a solid waste disposal facility or an	76900
infectious waste treatment facility that does not involve an	76901
increase in the total disposal or treatment capacity of the	76902
facility shall pay a fee of one thousand dollars. A person issued	76903
a permit to install a new, or modify an existing, solid waste	76904
transfer facility under that chapter shall pay a fee of two	76905
thousand five hundred dollars. A person issued a permit to install	76906
a new or to modify an existing solid waste incineration or	76907
composting facility, or an existing infectious waste treatment	76908
facility using incineration as its principal method of treatment,	76909
under that chapter shall pay a fee of one thousand dollars. The	76910
increases in the permit fees under this division resulting from	76911
the amendments made by Amended Substitute House Bill 592 of the	76912
117th general assembly do not apply to any person who submitted an	76913
application for a permit to install a new, or modify an existing,	76914
solid waste disposal facility under that chapter prior to	76915
September 1, 1987; any such person shall pay the permit fee	76916
established in this division as it existed prior to June 24, 1988.	76917
In addition to the applicable permit fee under this division, a	76918
person issued a permit to install or modify a solid waste facility	76919
or an infectious waste treatment facility under that chapter who	76920
fails to pay the permit fee to the director in compliance with	76921
division (V) of this section shall pay an additional ten per cent	76922
of the amount of the fee for each week that the permit fee is	76923
late.	76924

Permit and late payment fees paid to the director under this	76925
division shall be credited to the general revenue fund.	76926

(R)(1) A person issued a registration certificate for a scrap	76927
tire collection facility under section 3734.75 of the Revised Code	76928
shall pay a fee of two hundred dollars, except that if the	76929
facility is owned or operated by a motor vehicle salvage dealer	76930
licensed under Chapter 4738. of the Revised Code, the person shall	76931
pay a fee of twenty-five dollars.	76932

(2) A person issued a registration certificate for a new	76933
scrap tire storage facility under section 3734.76 of the Revised	76934
Code shall pay a fee of three hundred dollars, except that if the	76935
facility is owned or operated by a motor vehicle salvage dealer	76936
licensed under Chapter 4738. of the Revised Code, the person shall	76937
pay a fee of twenty-five dollars.	76938

(3) A person issued a permit for a scrap tire storage	76939
facility under section 3734.76 of the Revised Code shall pay a fee	76940
of one thousand dollars, except that if the facility is owned or	76941
operated by a motor vehicle salvage dealer licensed under Chapter	76942
4738. of the Revised Code, the person shall pay a fee of fifty	76943
dollars.	76944

(4) A person issued a permit for a scrap tire monocell or	76945
monofill facility under section 3734.77 of the Revised Code shall	76946
pay a fee of ten dollars per thousand cubic yards of disposal	76947
capacity or one thousand dollars, whichever is greater, except	76948
that the total fee for any such permit shall not exceed eighty	76949
thousand dollars.	76950

(5) A person issued a registration certificate for a scrap	76951
tire recovery facility under section 3734.78 of the Revised Code	76952
shall pay a fee of one hundred dollars.	76953

(6) A person issued a permit for a scrap tire recovery	76954
facility under section 3734.78 of the Revised Code shall pay a fee	76955
of one thousand dollars.	76956

(7) In addition to the applicable registration certificate or	76957
permit fee under divisions (R)(1) to (6) of this section, a person	76958
issued a registration certificate or permit for any such scrap	76959
tire facility who fails to pay the registration certificate or	76960
permit fee to the director in compliance with division (V) of this	76961
section shall pay an additional ten per cent of the amount of the	76962
fee for each week that the fee is late.	76963

(8) The registration certificate, permit, and late payment	76964
fees paid to the director under divisions (R)(1) to (7) of this	76965
section shall be credited to the scrap tire management fund	76966
created in section 3734.82 of the Revised Code.	76967

(S)(1) Except as provided by divisions (L), (M), (N), (O),	76968
(P), and (S)(2) of this section, division (A)(2) of section	76969
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	76970
and rules adopted under division (T)(1) of this section, any	76971
person applying for a registration certificate under section	76972
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	76973
variance, or plan approval under Chapter 3734. of the Revised Code	76974
shall pay a nonrefundable fee of fifteen dollars at the time the	76975
application is submitted.	76976

Except as otherwise provided, any person applying for a	76977
permit, variance, or plan approval under Chapter 6109. or 6111. of	76978
the Revised Code shall pay a nonrefundable fee of one hundred	76979
dollars at the time the application is submitted through June 30,	76980
~~2012~~2014, and a nonrefundable fee of fifteen dollars at the time	76981
the application is submitted on and after July 1, ~~2012~~2014.	76982
~~Through~~Except as provided in division (S)(3) of this section,	76983
through June 30, ~~2012~~2014, any person applying for a national	76984
pollutant discharge elimination system permit under Chapter 6111.	76985
of the Revised Code shall pay a nonrefundable fee of two hundred	76986
dollars at the time of application for the permit. On and after	76987
July 1, ~~2012~~2014, such a person shall pay a nonrefundable fee of	76988
fifteen dollars at the time of application.	76989

In addition to the application fee established under division	76990
(S)(1) of this section, any person applying for a national	76991
pollutant discharge elimination system general storm water	76992
construction permit shall pay a nonrefundable fee of twenty	76993
dollars per acre for each acre that is permitted above five acres	76994
at the time the application is submitted. However, the per acreage	76995
fee shall not exceed three hundred dollars. In addition, any	76996
person applying for a national pollutant discharge elimination	76997
system general storm water industrial permit shall pay a	76998
nonrefundable fee of one hundred fifty dollars at the time the	76999
application is submitted.	77000

The director shall transmit all moneys collected under	77001
division (S)(1) of this section pursuant to Chapter 6109. of the	77002
Revised Code to the treasurer of state for deposit into the	77003
drinking water protection fund created in section 6109.30 of the	77004
Revised Code.	77005

The director shall transmit all moneys collected under	77006
division (S)(1) of this section pursuant to Chapter 6111. of the	77007
Revised Code and under division (S)(3) of this section to the	77008
treasurer of state for deposit into the surface water protection	77009
fund created in section 6111.038 of the Revised Code.	77010

If a registration certificate is issued under section	77011
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	77012
the application fee paid shall be deducted from the amount of the	77013
registration certificate fee due under division (R)(1), (2), or	77014
(5) of this section, as applicable.	77015

If a person submits an electronic application for a	77016
registration certificate, permit, variance, or plan approval for	77017
which an application fee is established under division (S)(1) of	77018
this section, the person shall pay the applicable application fee	77019
as expeditiously as possible after the submission of the	77020
electronic application. An application for a registration	77021
certificate, permit, variance, or plan approval for which an	77022
application fee is established under division (S)(1) of this	77023
section shall not be reviewed or processed until the applicable	77024
application fee, and any other fees established under this	77025
division, are paid.	77026

(2) Division (S)(1) of this section does not apply to an	77027
application for a registration certificate for a scrap tire	77028
collection or storage facility submitted under section 3734.75 or	77029
3734.76 of the Revised Code, as applicable, if the owner or	77030
operator of the facility or proposed facility is a motor vehicle	77031
salvage dealer licensed under Chapter 4738. of the Revised Code.	77032

(3) A person applying for coverage under a national pollutant	77033
discharge elimination system general discharge permit for	77034
household sewage treatment systems shall pay the following fees:	77035

(a) A nonrefundable fee of two hundred dollars at the time of	77036
application for initial permit coverage;	77037

(b) A nonrefundable fee of one hundred dollars at the time of	77038
application for a renewal of permit coverage.	77039

(T) The director may adopt, amend, and rescind rules in	77040
accordance with Chapter 119. of the Revised Code that do all of	77041
the following:	77042

(1) Prescribe fees to be paid by applicants for and holders	77043
of any license, permit, variance, plan approval, or certification	77044
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	77045
the Revised Code that are not specifically established in this	77046
section. The fees shall be designed to defray the cost of	77047
processing, issuing, revoking, modifying, denying, and enforcing	77048
the licenses, permits, variances, plan approvals, and	77049
certifications.	77050

The director shall transmit all moneys collected under rules	77051
adopted under division (T)(1) of this section pursuant to Chapter	77052
6109. of the Revised Code to the treasurer of state for deposit	77053
into the drinking water protection fund created in section 6109.30	77054
of the Revised Code.	77055

The director shall transmit all moneys collected under rules	77056
adopted under division (T)(1) of this section pursuant to Chapter	77057
6111. of the Revised Code to the treasurer of state for deposit	77058
into the surface water protection fund created in section 6111.038	77059
of the Revised Code.	77060

(2) Exempt the state and political subdivisions thereof,	77061
including education facilities or medical facilities owned by the	77062
state or a political subdivision, or any person exempted from	77063
taxation by section 5709.07 or 5709.12 of the Revised Code, from	77064
any fee required by this section;	77065

(3) Provide for the waiver of any fee, or any part thereof,	77066
otherwise required by this section whenever the director	77067
determines that the imposition of the fee would constitute an	77068
unreasonable cost of doing business for any applicant, class of	77069
applicants, or other person subject to the fee;	77070

(4) Prescribe measures that the director considers necessary	77071
to carry out this section.	77072

(U) When the director reasonably demonstrates that the direct	77073
cost to the state associated with the issuance of a permit to	77074
install, license, variance, plan approval, or certification	77075
exceeds the fee for the issuance or review specified by this	77076
section, the director may condition the issuance or review on the	77077
payment by the person receiving the issuance or review of, in	77078
addition to the fee specified by this section, the amount, or any	77079
portion thereof, in excess of the fee specified under this	77080
section. The director shall not so condition issuances for which	77081
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this	77082
section.	77083

(V) Except as provided in divisions (L), (M), and (P) of this	77084
section or unless otherwise prescribed by a rule of the director	77085
adopted pursuant to Chapter 119. of the Revised Code, all fees	77086
required by this section are payable within thirty days after the	77087
issuance of an invoice for the fee by the director or the	77088
effective date of the issuance of the license, permit, variance,	77089
plan approval, or certification. If payment is late, the person	77090
responsible for payment of the fee shall pay an additional ten per	77091
cent of the amount due for each month that it is late.	77092

(W) As used in this section, "fuel-burning equipment,"	77093
"fuel-burning equipment input capacity," "incinerator,"	77094
"incinerator input capacity," "process," "process weight rate,"	77095
"storage tank," "gasoline dispensing facility," "dry cleaning	77096
facility," "design flow discharge," and "new source treatment	77097
works" have the meanings ascribed to those terms by applicable	77098
rules or standards adopted by the director under Chapter 3704. or	77099
6111. of the Revised Code.	77100

(X) As used in divisions (B), (C), (D), (E), (F), (H), (I),	77101
and (J) of this section, and in any other provision of this	77102
section pertaining to fees paid pursuant to Chapter 3704. of the	77103
Revised Code:	77104

(1) "Facility," "federal Clean Air Act," "person," and "Title	77105
V permit" have the same meanings as in section 3704.01 of the	77106
Revised Code.	77107

(2) "Title V permit program" means the following activities	77108
as necessary to meet the requirements of Title V of the federal	77109
Clean Air Act and 40 C.F.R. part 70, including at least:	77110

(a) Preparing and adopting, if applicable, generally	77111
applicable rules or guidance regarding the permit program or its	77112
implementation or enforcement;	77113

(b) Reviewing and acting on any application for a Title V	77114
permit, permit revision, or permit renewal, including the	77115
development of an applicable requirement as part of the processing	77116
of a permit, permit revision, or permit renewal;	77117

(c) Administering the permit program, including the	77118
supporting and tracking of permit applications, compliance	77119
certification, and related data entry;	77120

(d) Determining which sources are subject to the program and	77121
implementing and enforcing the terms of any Title V permit, not	77122
including any court actions or other formal enforcement actions;	77123

(e) Emission and ambient monitoring;

77124

(f) Modeling, analyses, or demonstrations;

77125

(g) Preparing inventories and tracking emissions;

77126

(h) Providing direct and indirect support to small business	77127
stationary sources to determine and meet their obligations under	77128
the federal Clean Air Act pursuant to the small business	77129
stationary source technical and environmental compliance	77130
assistance program required by section 507 of that act and	77131
established in sections 3704.18, 3704.19, and 3706.19 of the	77132
Revised Code.	77133

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	77134
of this section, each sewage sludge facility shall pay a	77135
nonrefundable annual sludge fee equal to three dollars and fifty	77136
cents per dry ton of sewage sludge, including the dry tons of	77137
sewage sludge in materials derived from sewage sludge, that the	77138
sewage sludge facility treats or disposes of in this state. The	77139
annual volume of sewage sludge treated or disposed of by a sewage	77140
sludge facility shall be calculated using the first day of January	77141
through the thirty-first day of December of the calendar year	77142
preceding the date on which payment of the fee is due.	77143

(2)(a) Except as provided in division (Y)(2)(d) of this	77144
section, each sewage sludge facility shall pay a minimum annual	77145
sewage sludge fee of one hundred dollars.	77146

(b) The annual sludge fee required to be paid by a sewage	77147
sludge facility that treats or disposes of exceptional quality	77148
sludge in this state shall be thirty-five per cent less per dry	77149
ton of exceptional quality sludge than the fee assessed under	77150
division (Y)(1) of this section, subject to the following	77151
exceptions:	77152

(i) Except as provided in division (Y)(2)(d) of this section,	77153
a sewage sludge facility that treats or disposes of exceptional	77154
quality sludge shall pay a minimum annual sewage sludge fee of one	77155
hundred dollars.	77156

(ii) A sewage sludge facility that treats or disposes of	77157
exceptional quality sludge shall not be required to pay the annual	77158
sludge fee for treatment or disposal in this state of exceptional	77159
quality sludge generated outside of this state and contained in	77160
bags or other containers not greater than one hundred pounds in	77161
capacity.	77162

A thirty-five per cent reduction for exceptional quality	77163
sludge applies to the maximum annual fees established under	77164
division (Y)(3) of this section.	77165

(c) A sewage sludge facility that transfers sewage sludge to	77166
another sewage sludge facility in this state for further treatment	77167
prior to disposal in this state shall not be required to pay the	77168
annual sludge fee for the tons of sewage sludge that have been	77169
transferred. In such a case, the sewage sludge facility that	77170
disposes of the sewage sludge shall pay the annual sludge fee.	77171
However, the facility transferring the sewage sludge shall pay the	77172
one-hundred-dollar minimum fee required under division (Y)(2)(a)	77173
of this section.	77174

In the case of a sewage sludge facility that treats sewage	77175
sludge in this state and transfers it out of this state to another	77176
entity for disposal, the sewage sludge facility in this state	77177
shall be required to pay the annual sludge fee for the tons of	77178
sewage sludge that have been transferred.	77179

(d) A sewage sludge facility that generates sewage sludge	77180
resulting from an average daily discharge flow of less than five	77181
thousand gallons per day is not subject to the fees assessed under	77182
division (Y) of this section.	77183

(3) No sewage sludge facility required to pay the annual	77184
sludge fee shall be required to pay more than the maximum annual	77185
fee for each disposal method that the sewage sludge facility uses.	77186
The maximum annual fee does not include the additional amount that	77187
may be charged under division (Y)(5) of this section for late	77188
payment of the annual sludge fee. The maximum annual fee for the	77189
following methods of disposal of sewage sludge is as follows:	77190

(a) Incineration: five thousand dollars;

77191

(b) Preexisting land reclamation project or disposal in a	77192
landfill: five thousand dollars;	77193

(c) Land application, land reclamation, surface disposal, or	77194
any other disposal method not specified in division (Y)(3)(a) or	77195
(b) of this section: twenty thousand dollars.	77196

(4)(a) In the case of an entity that generates sewage sludge	77197
or a sewage sludge facility that treats sewage sludge and	77198
transfers the sewage sludge to an incineration facility for	77199
disposal, the incineration facility, and not the entity generating	77200
the sewage sludge or the sewage sludge facility treating the	77201
sewage sludge, shall pay the annual sludge fee for the tons of	77202
sewage sludge that are transferred. However, the entity or	77203
facility generating or treating the sewage sludge shall pay the	77204
one-hundred-dollar minimum fee required under division (Y)(2)(a)	77205
of this section.	77206

(b) In the case of an entity that generates sewage sludge and	77207
transfers the sewage sludge to a landfill for disposal or to a	77208
sewage sludge facility for land reclamation or surface disposal,	77209
the entity generating the sewage sludge, and not the landfill or	77210
sewage sludge facility, shall pay the annual sludge fee for the	77211
tons of sewage sludge that are transferred.	77212

(5) Not later than the first day of April of the calendar	77213
year following March 17, 2000, and each first day of April	77214
thereafter, the director shall issue invoices to persons who are	77215
required to pay the annual sludge fee. The invoice shall identify	77216
the nature and amount of the annual sludge fee assessed and state	77217
the first day of May as the deadline for receipt by the director	77218
of objections regarding the amount of the fee and the first day of	77219
July as the deadline for payment of the fee.	77220

Not later than the first day of May following receipt of an	77221
invoice, a person required to pay the annual sludge fee may submit	77222
objections to the director concerning the accuracy of information	77223
regarding the number of dry tons of sewage sludge used to	77224
calculate the amount of the annual sludge fee or regarding whether	77225
the sewage sludge qualifies for the exceptional quality sludge	77226
discount established in division (Y)(2)(b) of this section. The	77227
director may consider the objections and adjust the amount of the	77228
fee to ensure that it is accurate.	77229

If the director does not adjust the amount of the annual	77230
sludge fee in response to a person's objections, the person may	77231
appeal the director's determination in accordance with Chapter	77232
119. of the Revised Code.	77233

Not later than the first day of June, the director shall	77234
notify the objecting person regarding whether the director has	77235
found the objections to be valid and the reasons for the finding.	77236
If the director finds the objections to be valid and adjusts the	77237
amount of the annual sludge fee accordingly, the director shall	77238
issue with the notification a new invoice to the person	77239
identifying the amount of the annual sludge fee assessed and	77240
stating the first day of July as the deadline for payment.	77241

Not later than the first day of July, any person who is	77242
required to do so shall pay the annual sludge fee. Any person who	77243
is required to pay the fee, but who fails to do so on or before	77244
that date shall pay an additional amount that equals ten per cent	77245
of the required annual sludge fee.	77246

(6) The director shall transmit all moneys collected under	77247
division (Y) of this section to the treasurer of state for deposit	77248
into the surface water protection fund created in section 6111.038	77249
of the Revised Code. The moneys shall be used to defray the costs	77250
of administering and enforcing provisions in Chapter 6111. of the	77251
Revised Code and rules adopted under it that govern the use,	77252
storage, treatment, or disposal of sewage sludge.	77253

(7) Beginning in fiscal year 2001, and every two years	77254
thereafter, the director shall review the total amount of moneys	77255
generated by the annual sludge fees to determine if that amount	77256
exceeded six hundred thousand dollars in either of the two	77257
preceding fiscal years. If the total amount of moneys in the fund	77258
exceeded six hundred thousand dollars in either fiscal year, the	77259
director, after review of the fee structure and consultation with	77260
affected persons, shall issue an order reducing the amount of the	77261
fees levied under division (Y) of this section so that the	77262
estimated amount of moneys resulting from the fees will not exceed	77263
six hundred thousand dollars in any fiscal year.	77264

If, upon review of the fees under division (Y)(7) of this	77265
section and after the fees have been reduced, the director	77266
determines that the total amount of moneys collected and	77267
accumulated is less than six hundred thousand dollars, the	77268
director, after review of the fee structure and consultation with	77269
affected persons, may issue an order increasing the amount of the	77270
fees levied under division (Y) of this section so that the	77271
estimated amount of moneys resulting from the fees will be	77272
approximately six hundred thousand dollars. Fees shall never be	77273
increased to an amount exceeding the amount specified in division	77274
(Y)(7) of this section.	77275

Notwithstanding section 119.06 of the Revised Code, the	77276
director may issue an order under division (Y)(7) of this section	77277
without the necessity to hold an adjudicatory hearing in	77278
connection with the order. The issuance of an order under this	77279
division is not an act or action for purposes of section 3745.04	77280
of the Revised Code.	77281

(8) As used in division (Y) of this section:

77282

(a) "Sewage sludge facility" means an entity that performs	77283
treatment on or is responsible for the disposal of sewage sludge.	77284

(b) "Sewage sludge" means a solid, semi-solid, or liquid	77285
residue generated during the treatment of domestic sewage in a	77286
treatment works as defined in section 6111.01 of the Revised Code.	77287
"Sewage sludge" includes, but is not limited to, scum or solids	77288
removed in primary, secondary, or advanced wastewater treatment	77289
processes. "Sewage sludge" does not include ash generated during	77290
the firing of sewage sludge in a sewage sludge incinerator, grit	77291
and screenings generated during preliminary treatment of domestic	77292
sewage in a treatment works, animal manure, residue generated	77293
during treatment of animal manure, or domestic septage.	77294

(c) "Exceptional quality sludge" means sewage sludge that	77295
meets all of the following qualifications:	77296

(i) Satisfies the class A pathogen standards in 40 C.F.R.	77297
503.32(a);	77298

(ii) Satisfies one of the vector attraction reduction	77299
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	77300

(iii) Does not exceed the ceiling concentration limitations	77301
for metals listed in table one of 40 C.F.R. 503.13;	77302

(iv) Does not exceed the concentration limitations for metals	77303
listed in table three of 40 C.F.R. 503.13.	77304

(d) "Treatment" means the preparation of sewage sludge for	77305
final use or disposal and includes, but is not limited to,	77306
thickening, stabilization, and dewatering of sewage sludge.	77307

(e) "Disposal" means the final use of sewage sludge,	77308
including, but not limited to, land application, land reclamation,	77309
surface disposal, or disposal in a landfill or an incinerator.	77310

(f) "Land application" means the spraying or spreading of	77311
sewage sludge onto the land surface, the injection of sewage	77312
sludge below the land surface, or the incorporation of sewage	77313
sludge into the soil for the purposes of conditioning the soil or	77314
fertilizing crops or vegetation grown in the soil.	77315

(g) "Land reclamation" means the returning of disturbed land	77316
to productive use.	77317

(h) "Surface disposal" means the placement of sludge on an	77318
area of land for disposal, including, but not limited to,	77319
monofills, surface impoundments, lagoons, waste piles, or	77320
dedicated disposal sites.	77321

(i) "Incinerator" means an entity that disposes of sewage	77322
sludge through the combustion of organic matter and inorganic	77323
matter in sewage sludge by high temperatures in an enclosed	77324
device.	77325

(j) "Incineration facility" includes all incinerators owned	77326
or operated by the same entity and located on a contiguous tract	77327
of land. Areas of land are considered to be contiguous even if	77328
they are separated by a public road or highway.	77329

(k) "Annual sludge fee" means the fee assessed under division	77330
(Y)(1) of this section.	77331

(l) "Landfill" means a sanitary landfill facility, as defined	77332
in rules adopted under section 3734.02 of the Revised Code, that	77333
is licensed under section 3734.05 of the Revised Code.	77334

(m) "Preexisting land reclamation project" means a	77335
property-specific land reclamation project that has been in	77336
continuous operation for not less than five years pursuant to	77337
approval of the activity by the director and includes the	77338
implementation of a community outreach program concerning the	77339
activity.	77340

Sec. 3746.02. (A) Nothing in this chapter applies to any of	77341
the following:	77342

(1) Property for which a voluntary action under this chapter	77343
is precluded by federal law or regulations adopted under federal	77344
law, including, without limitation, any of the following federal	77345
laws or regulations adopted thereunder:	77346

(a) The "Federal Water Pollution Control Act Amendments of	77347
1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended;	77348

(b) The "Resource Conservation and Recovery Act of 1976," 90	77349
Stat. 2806, 42 U.S.C.A. 6921, as amended;	77350

(c) The "Toxic Substances Control Act," 90 Stat. 2003 (1976),	77351
15 U.S.C.A. 2601, as amended;	77352

(d) The "Comprehensive Environmental Response, Compensation,	77353
and Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9601, as	77354
amended;	77355

(e) The "Safe Drinking Water Act," 88 Stat. 1661 (1974), 42	77356
U.S.C.A. 300(f), as amended.	77357

(2) Those portions of property where closure of a hazardous	77358
waste facility or solid waste facility is required under Chapter	77359
3734. of the Revised Code or rules adopted under it;	77360

(3) ~~Property or~~Except for a class C release as defined in	77361
section 3737.87 of the Revised Code, properties regardless of	77362
ownership that are subject to remediation rules adopted under the	77363
authority of the division of fire marshal in the department of	77364
commerce, including remediation rules adopted under sections	77365
3737.88, 3737.882, and 3737.889 of the Revised Code;	77366

(4) Property that is subject to Chapter 1509. of the Revised	77367
Code;	77368

(5) Any other property if the director of environmental	77369
protection has issued a letter notifying the owner or operator of	77370
the property that hethe director will issue an enforcement order	77371
under Chapter 3704., 3734., or 6111. of the Revised Code, a	77372
release or threatened release of a hazardous substance or	77373
petroleum from or at the property poses a substantial threat to	77374
public health or safety or the environment, and the person subject	77375
to the order does not present sufficient evidence to the director	77376
that hethe person has entered into the voluntary action program	77377
under this chapter and is proceeding expeditiously to address that	77378
threat. For the purposes of this division, the evidence	77379
constituting sufficient evidence of entry into the voluntary	77380
action program under this chapter shall be defined by the director	77381
by rules adopted under section 3746.04 of the Revised Code. Until	77382
such time as the director has adopted those rules, the director,	77383
at a minimum, shall consider the existence of a contract with a	77384
certified professional to appropriately respond to the threat	77385
named in the director's letter informing the person of ~~his~~the	77386
director's intent to issue an enforcement order and the	77387
availability of financial resources to complete the contract to be	77388
sufficient evidence of entry into the program.	77389

(B) The application of any provision of division (A) of this	77390
section to a portion of property does not preclude participation	77391
in the voluntary action program under this chapter in connection	77392
with other portions of the property where those provisions do not	77393
apply.	77394

(C) As used in this section, "property" means any parcel of	77395
real property, or portion thereof, and any improvements thereto.	77396

Sec. 3750.081. (A) Notwithstanding any provision in this	77397
chapter to the contrary, an owner or operator of a facility that	77398
is regulated under Chapter 1509. of the Revised Code who has filed	77399
a log in accordance with section 1509.10 of the Revised Code and a	77400
production statement in accordance with section 1509.11 of the	77401
Revised Code shall be deemed to have satisfied all of the	77402
inventory, notification, listing, and other submission and filing	77403
requirements established under this chapter, except for the	77404
release reporting requirements established under section 3750.06	77405
of the Revised Code.	77406

(B) The emergency response commission and every local	77407
emergency planning committee and fire department in this state	77408
shall establish a means by which to access, view, and retrieve	77409
information, through the use of the internet or a computer disk,	77410
from the electronic database maintained by the division of ~~mineral~~	77411
oil and gas resources management in the department of natural	77412
resources in accordance with section 1509.23 of the Revised Code.	77413
With respect to facilities regulated under Chapter 1509. of the	77414
Revised Code, the database shall be the means of providing and	77415
receiving the information described in division (A) of this	77416
section.	77417

Sec. 3767.32. (A) No person, regardless of intent, shall	77418
deposit litter or cause litter to be deposited on any public	77419
property, on private property not owned by ~~him~~the person, or in	77420
or on waters of the state unless one of the following applies:	77421

(1) The person is directed to do so by a public official as	77422
part of a litter collection drive;	77423

(2) Except as provided in division (B) of this section, the	77424
person deposits the litter in a litter receptacle in a manner that	77425
prevents its being carried away by the elements;	77426

(3) The person is issued a permit or license covering the	77427
litter pursuant to Chapter 3734. or 6111. of the Revised Code.	77428

(B) No person, without privilege to do so, shall knowingly	77429
deposit litter, or cause it to be deposited, in a litter	77430
receptacle located on any public property or on any private	77431
property not owned by ~~him~~the person unless one of the following	77432
applies:	77433

(1) The litter was generated or located on the property on	77434
which the litter receptacle is located;	77435

(2) The person is directed to do so by a public official as	77436
part of a litter collection drive;	77437

(3) The person is directed to do so by a person whom hethe	77438
person reasonably believes to have the privilege to use the litter	77439
receptacle;	77440

(4) The litter consists of any of the following:

77441

(a) The contents of a litter bag or container of a type and	77442
size customarily carried and used in a motor vehicle;	77443

(b) The contents of an ash tray of a type customarily	77444
installed or carried and used in a motor vehicle;	77445

(c) Beverage containers and food sacks, wrappings, and	77446
containers of a type and in an amount that reasonably may be	77447
expected to be generated during routine commuting or business or	77448
recreational travel by a motor vehicle;	77449

(d) Beverage containers, food sacks, wrappings, containers,	77450
and other materials of a type and in an amount that reasonably may	77451
be expected to be generated during a routine day by a person and	77452
deposited in a litter receptacle by a casual passerby.	77453

(C)(1) As used in division (B)(1) of this section, "public	77454
property" includes any private property open to the public for the	77455
conduct of business, the provision of a service, or upon the	77456
payment of a fee, but does not include any private property to	77457
which the public otherwise does not have a right of access.	77458

(2) As used in division (B)(4) of this section, "casual	77459
passerby" means a person who does not have depositing litter in a	77460
litter receptacle as ~~his~~the person's primary reason for traveling	77461
to or by the property on which the litter receptacle is located.	77462

(D) As used in this section:

77463

(1) "Litter" means garbage, trash, waste, rubbish, ashes,	77464
cans, bottles, wire, paper, cartons, boxes, automobile parts,	77465
furniture, glass, or anything else of an unsightly or unsanitary	77466
nature.	77467

(2) "Deposit" means to throw, drop, discard, or place.

77468

(3) "Litter receptacle" means a dumpster, trash can, trash	77469
bin, garbage can, or similar container in which litter is	77470
deposited for removal.	77471

(E) This section may be enforced by any sheriff, deputy	77472
sheriff, police officer of a municipal corporation, police	77473
constable or officer of a township, or township or joint police	77474
district, wildlife officer, park officer, forest officer, preserve	77475
officer, conservancy district police officer, inspector of	77476
nuisances of a county, or any other law enforcement officer within	77477
~~his~~the law enforcement officer's jurisdiction.	77478

Sec. 3769.08. (A) Any person holding a permit to conduct a	77479
horse-racing meeting may provide a place in the race meeting	77480
grounds or enclosure at which the permit holder may conduct and	77481
supervise the pari-mutuel system of wagering by patrons of legal	77482
age on the live racing programs and simulcast racing programs	77483
conducted by the permit holder.	77484

The pari-mutuel method of wagering upon the live racing	77485
programs and simulcast racing programs held at or conducted within	77486
such race track, and at the time of such horse-racing meeting, or	77487
at other times authorized by the state racing commission, shall	77488
not be unlawful. No other place, except that provided and	77489
designated by the permit holder and except as provided in section	77490
3769.26 of the Revised Code, nor any other method or system of	77491
betting or wagering, except the pari-mutuel system, shall be used	77492
or permitted by the permit holder; nor, except as provided in	77493
section 3769.089 or 3769.26 of the Revised Code, shall the	77494
pari-mutuel system of wagering be conducted by the permit holder	77495
on any races except the races at the race track, grounds, or	77496
enclosure for which the person holds a permit. Each permit holder	77497
may retain as a commission an amount not to exceed eighteen per	77498
cent of the total of all moneys wagered.	77499

The pari-mutuel wagering authorized by this section is	77500
subject to sections 3769.25 to 3769.28 of the Revised Code.	77501

(B) At the close of each racing day, each permit holder	77502
authorized to conduct thoroughbred racing, out of the amount	77503
retained on that day by the permit holder, shall pay by check,	77504
draft, or money order to the tax commissioner, as a tax, a sum	77505
equal to the following percentages of the total of all moneys	77506
wagered on live racing programs on that day and shall separately	77507
compute and pay by check, draft, or money order to the tax	77508
commissioner, as a tax, a sum equal to the following percentages	77509
of the total of all money wagered on simulcast racing programs on	77510
that day:	77511

(1) One per cent of the first two hundred thousand dollars	77512
wagered, or any part of that amount;	77513

(2) Two per cent of the next one hundred thousand dollars	77514
wagered, or any part of that amount;	77515

(3) Three per cent of the next one hundred thousand dollars	77516
wagered, or any part of that amount;	77517

(4) Four per cent of all sums over four hundred thousand	77518
dollars wagered.	77519

Except as otherwise provided in section 3769.089 of the	77520
Revised Code, each permit holder authorized to conduct	77521
thoroughbred racing shall use for purse money a sum equal to fifty	77522
per cent of the pari-mutuel revenues retained by the permit holder	77523
as a commission after payment of the state tax. This fifty per	77524
cent payment shall be in addition to the purse distribution from	77525
breakage specified in this section.	77526

Subject to division (M) of this section, from the moneys paid	77527
to the tax commissioner by thoroughbred racing permit holders,	77528
one-half of one per cent of the total of all moneys so wagered on	77529
a racing day shall be paid into the Ohio fairs fund created by	77530
section 3769.082 of the Revised Code, one and one-eighth per cent	77531
of the total of all moneys so wagered on a racing day shall be	77532
paid into the Ohio thoroughbred race fund created by section	77533
3769.083 of the Revised Code, and one-quarter of one per cent of	77534
the total of all moneys wagered on a racing day by each permit	77535
holder shall be paid into the state racing commission operating	77536
fund created by section 3769.03 of the Revised Code. The required	77537
payment to the state racing commission operating fund does not	77538
apply to county and independent fairs and agricultural societies.	77539
The remaining moneys may be retained by the permit holder, except	77540
as provided in this section with respect to the odd cents	77541
redistribution. Amounts paid into the ~~PASSPORT~~nursing home	77542
franchise permit fee fund pursuant to this section and section	77543
3769.26 of the Revised Code shall be used solely for the support	77544
of the PASSPORT program as determined in appropriations made by	77545
the general assembly. If the PASSPORT program is abolished, the	77546
amount that would have been paid to the ~~PASSPORT~~nursing home	77547
franchise permit fee fund under this chapter shall be paid to the	77548
general revenue fund of the state. As used in this chapter,	77549
"PASSPORT program" means the PASSPORT program created under	77550
section 173.40 of the Revised Code.	77551

The total amount paid to the Ohio thoroughbred race fund	77552
under this section and division (A) of section 3769.087 of the	77553
Revised Code shall not exceed by more than six per cent the total	77554
amount paid to this fund under this section and that section	77555
during the immediately preceding calendar year.	77556

Each year, the total amount calculated for payment into the	77557
Ohio fairs fund under this division, division (C) of this section,	77558
and division (A) of section 3769.087 of the Revised Code shall be	77559
an amount calculated using the percentages specified in this	77560
division, division (C) of this section, and division (A) of	77561
section 3769.087 of the Revised Code.	77562

A permit holder may contract with a thoroughbred horsemen's	77563
organization for the organization to act as a representative of	77564
all thoroughbred owners and trainers participating in a	77565
horse-racing meeting conducted by the permit holder. A	77566
"thoroughbred horsemen's organization" is any corporation or	77567
association that represents, through membership or otherwise, more	77568
than one-half of the aggregate of all thoroughbred owners and	77569
trainers who were licensed and actively participated in racing	77570
within this state during the preceding calendar year. Except as	77571
otherwise provided in this paragraph, any moneys received by a	77572
thoroughbred horsemen's organization shall be used exclusively for	77573
the benefit of thoroughbred owners and trainers racing in this	77574
state through the administrative purposes of the organization,	77575
benevolent activities on behalf of the horsemen, promotion of the	77576
horsemen's rights and interests, and promotion of equine research.	77577
A thoroughbred horsemen's organization may expend not more than an	77578
aggregate of five per cent of its annual gross receipts, or a	77579
larger amount as approved by the organization, for dues,	77580
assessments, and other payments to all other local, national, or	77581
international organizations having as their primary purposes the	77582
promotion of thoroughbred horse racing, thoroughbred horsemen's	77583
rights, and equine research.	77584

(C) Except as otherwise provided in division (B) of this	77585
section, at the close of each racing day, each permit holder	77586
authorized to conduct harness or quarter horse racing, out of the	77587
amount retained that day by the permit holder, shall pay by check,	77588
draft, or money order to the tax commissioner, as a tax, a sum	77589
equal to the following percentages of the total of all moneys	77590
wagered on live racing programs and shall separately compute and	77591
pay by check, draft, or money order to the tax commissioner, as a	77592
tax, a sum equal to the following percentages of the total of all	77593
money wagered on simulcast racing programs on that day:	77594

(1) One per cent of the first two hundred thousand dollars	77595
wagered, or any part of that amount;	77596

(2) Two per cent of the next one hundred thousand dollars	77597
wagered, or any part of that amount;	77598

(3) Three per cent of the next one hundred thousand dollars	77599
wagered, or any part of that amount;	77600

(4) Four per cent of all sums over four hundred thousand	77601
dollars wagered.	77602

Except as otherwise provided in division (B) and subject to	77603
division (M) of this section, from the moneys paid to the tax	77604
commissioner by permit holders authorized to conduct harness or	77605
quarter horse racing, one-half of one per cent of all moneys	77606
wagered on that racing day shall be paid into the Ohio fairs fund;	77607
from the moneys paid to the tax commissioner by permit holders	77608
authorized to conduct harness racing, five-eighths of one per cent	77609
of all moneys wagered on that racing day shall be paid into the	77610
Ohio standardbred development fund; and from the moneys paid to	77611
the tax commissioner by permit holders authorized to conduct	77612
quarter horse racing, five-eighths of one per cent of all moneys	77613
wagered on that racing day shall be paid into the Ohio quarter	77614
horse development fund.	77615

(D) In addition, subject to division (M) of this section,	77616
beginning on January 1, 1996, from the money paid to the tax	77617
commissioner as a tax under this section and division (A) of	77618
section 3769.087 of the Revised Code by harness horse permit	77619
holders, one-half of one per cent of the amount wagered on a	77620
racing day shall be paid into the Ohio standardbred development	77621
fund. Beginning January 1, 1998, the payment to the Ohio	77622
standardbred development fund required under this division does	77623
not apply to county agricultural societies or independent	77624
agricultural societies.	77625

The total amount paid to the Ohio standardbred development	77626
fund under this division, division (C) of this section, and	77627
division (A) of section 3769.087 of the Revised Code and the total	77628
amount paid to the Ohio quarter horse development fund under this	77629
division and division (A) of that section shall not exceed by more	77630
than six per cent the total amount paid into the fund under this	77631
division, division (C) of this section, and division (A) of	77632
section 3769.087 of the Revised Code in the immediately preceding	77633
calendar year.	77634

(E) Subject to division (M) of this section, from the money	77635
paid as a tax under this chapter by harness and quarter horse	77636
permit holders, one-quarter of one per cent of the total of all	77637
moneys wagered on a racing day by each permit holder shall be paid	77638
into the state racing commission operating fund created by section	77639
3769.03 of the Revised Code. This division does not apply to	77640
county and independent fairs and agricultural societies.	77641

(F) Except as otherwise provided in section 3769.089 of the	77642
Revised Code, each permit holder authorized to conduct harness	77643
racing shall pay to the harness horsemen's purse pool a sum equal	77644
to fifty per cent of the pari-mutuel revenues retained by the	77645
permit holder as a commission after payment of the state tax. This	77646
fifty per cent payment is to be in addition to the purse	77647
distribution from breakage specified in this section.	77648

(G) In addition, each permit holder authorized to conduct	77649
harness racing shall be allowed to retain the odd cents of all	77650
redistribution to be made on all mutual contributions exceeding a	77651
sum equal to the next lowest multiple of ten.	77652

Forty per cent of that portion of that total sum of such odd	77653
cents shall be used by the permit holder for purse money for Ohio	77654
sired, bred, and owned colts, for purse money for Ohio bred	77655
horses, and for increased purse money for horse races. Upon the	77656
formation of the corporation described in section 3769.21 of the	77657
Revised Code to establish a harness horsemen's health and	77658
retirement fund, twenty-five per cent of that portion of that	77659
total sum of odd cents shall be paid at the close of each racing	77660
day by the permit holder to that corporation to establish and fund	77661
the health and retirement fund. Until that corporation is formed,	77662
that twenty-five per cent shall be paid at the close of each	77663
racing day by the permit holder to the tax commissioner or the tax	77664
commissioner's agent in the county seat of the county in which the	77665
permit holder operates race meetings. The remaining thirty-five	77666
per cent of that portion of that total sum of odd cents shall be	77667
retained by the permit holder.	77668

(H) In addition, each permit holder authorized to conduct	77669
thoroughbred racing shall be allowed to retain the odd cents of	77670
all redistribution to be made on all mutuel contributions	77671
exceeding a sum equal to the next lowest multiple of ten. Twenty	77672
per cent of that portion of that total sum of such odd cents shall	77673
be used by the permit holder for increased purse money for horse	77674
races. Upon the formation of the corporation described in section	77675
3769.21 of the Revised Code to establish a thoroughbred horsemen's	77676
health and retirement fund, forty-five per cent of that portion of	77677
that total sum of odd cents shall be paid at the close of each	77678
racing day by the permit holder to that corporation to establish	77679
and fund the health and retirement fund. Until that corporation is	77680
formed, that forty-five per cent shall be paid by the permit	77681
holder to the tax commissioner or the tax commissioner's agent in	77682
the county seat of the county in which the permit holder operates	77683
race meetings, at the close of each racing day. The remaining	77684
thirty-five per cent of that portion of that total sum of odd	77685
cents shall be retained by the permit holder.	77686

(I) In addition, each permit holder authorized to conduct	77687
quarter horse racing shall be allowed to retain the odd cents of	77688
all redistribution to be made on all mutuel contributions	77689
exceeding a sum equal to the next lowest multiple of ten, subject	77690
to a tax of twenty-five per cent on that portion of the total sum	77691
of such odd cents that is in excess of two thousand dollars during	77692
a calendar year, which tax shall be paid at the close of each	77693
racing day by the permit holder to the tax commissioner or the tax	77694
commissioner's agent in the county seat of the county within which	77695
the permit holder operates race meetings. Forty per cent of that	77696
portion of that total sum of such odd cents shall be used by the	77697
permit holder for increased purse money for horse races. The	77698
remaining thirty-five per cent of that portion of that total sum	77699
of odd cents shall be retained by the permit holder.	77700

(J)(1) To encourage the improvement of racing facilities for	77701
the benefit of the public, breeders, and horse owners, and to	77702
increase the revenue to the state from the increase in pari-mutuel	77703
wagering resulting from those improvements, the taxes paid by a	77704
permit holder to the state as provided for in this chapter shall	77705
be reduced by three-fourths of one per cent of the total amount	77706
wagered for those permit holders who make capital improvements to	77707
existing race tracks or construct new race tracks. The percentage	77708
of the reduction that may be taken each racing day shall equal	77709
seventy-five per cent of the taxes levied under divisions (B) and	77710
(C) of this section and section 3769.087 of the Revised Code, and	77711
division (F)(2) of section 3769.26 of the Revised Code, as	77712
applicable, divided by the calculated amount each fund should	77713
receive under divisions (B) and (C) of this section and section	77714
3769.087 of the Revised Code, and division (F)(2) of section	77715
3769.26 of the Revised Code and the reduction provided for in this	77716
division. If the resulting percentage is less than one, that	77717
percentage shall be multiplied by the amount of the reduction	77718
provided for in this division. Otherwise, the permit holder shall	77719
receive the full reduction provided for in this division. The	77720
amount of the allowable reduction not received shall be carried	77721
forward and applied against future tax liability. After any	77722
reductions expire, any reduction carried forward shall be treated	77723
as a reduction as provided for in this division.	77724

If more than one permit holder is authorized to conduct	77725
racing at the facility that is being built or improved, the cost	77726
of the new race track or capital improvement shall be allocated	77727
between or among all the permit holders in the ratio that the	77728
permit holders' number of racing days bears to the total number of	77729
racing days conducted at the facility.	77730

A reduction for a new race track or a capital improvement	77731
shall start from the day racing is first conducted following the	77732
date actual construction of the new race track or each capital	77733
improvement is completed and the construction cost has been	77734
approved by the racing commission, unless otherwise provided in	77735
this section. A reduction for a new race track or a capital	77736
improvement shall continue for a period of twenty-five years for	77737
new race tracks and for fifteen years for capital improvements if	77738
the construction of the capital improvement or new race track	77739
commenced prior to March 29, 1988, and for a period of ten years	77740
for new race tracks or capital improvements if the construction of	77741
the capital improvement or new race track commenced on or after	77742
March 29, 1988, but before ~~the effective date of this amendment~~	77743
June 6, 2001, or until the total tax reduction reaches seventy per	77744
cent of the approved cost of the new race track or capital	77745
improvement, as allocated to each permit holder, whichever occurs	77746
first. A reduction for a new race track or a capital improvement	77747
approved after ~~the effective date of this amendment~~June 6, 2001,	77748
shall continue until the total tax reduction reaches one hundred	77749
per cent of the approved cost of the new race track or capital	77750
improvement, as allocated to each permit holder.	77751

A reduction granted for a new race track or a capital	77752
improvement, the application for which was approved by the racing	77753
commission after March 29, 1988, but before ~~the effective date of~~	77754
~~this amendment~~June 6, 2001, shall not commence nor shall the	77755
ten-year period begin to run until all prior tax reductions with	77756
respect to the same race track have ended. The total tax reduction	77757
because of capital improvements shall not during any one year	77758
exceed for all permit holders using any one track three-fourths of	77759
one per cent of the total amount wagered, regardless of the number	77760
of capital improvements made. Several capital improvements to a	77761
race track may be consolidated in an application if the racing	77762
commission approved the application prior to March 29, 1988. No	77763
permit holder may receive a tax reduction for a capital	77764
improvement approved by the racing commission on or after March	77765
29, 1988, at a race track until all tax reductions have ended for	77766
all prior capital improvements approved by the racing commission	77767
under this section or section 3769.20 of the Revised Code at that	77768
race track. If there are two or more permit holders operating	77769
meetings at the same track, they may consolidate their	77770
applications. The racing commission shall notify the tax	77771
commissioner when the reduction of tax begins and when it ends.	77772

Each fiscal year the racing commission shall submit a report	77773
to the tax commissioner, the office of budget and management, and	77774
the legislative service commission. The report shall identify each	77775
capital improvement project undertaken under this division and in	77776
progress at each race track, indicate the total cost of each	77777
project, state the tax reduction that resulted from each project	77778
during the immediately preceding fiscal year, estimate the tax	77779
reduction that will result from each project during the current	77780
fiscal year, state the total tax reduction that resulted from all	77781
such projects at all race tracks during the immediately preceding	77782
fiscal year, and estimate the total tax reduction that will result	77783
from all such projects at all race tracks during the current	77784
fiscal year.	77785

(2) In order to qualify for the reduction in tax, a permit	77786
holder shall apply to the racing commission in such form as the	77787
commission may require and shall provide full details of the new	77788
race track or capital improvement, including a schedule for its	77789
construction and completion, and set forth the costs and expenses	77790
incurred in connection with it. The racing commission shall not	77791
approve an application unless the permit holder shows that a	77792
contract for the new race track or capital improvement has been	77793
let under an unrestricted competitive bidding procedure, unless	77794
the contract is exempted by the controlling board because of its	77795
unusual nature. In determining whether to approve an application,	77796
the racing commission shall consider whether the new race track or	77797
capital improvement will promote the safety, convenience, and	77798
comfort of the racing public and horse owners and generally tend	77799
towards the improvement of racing in this state.	77800

(3) If a new race track or capital improvement is approved by	77801
the racing commission and construction has started, the tax	77802
reduction may be authorized by the commission upon presentation of	77803
copies of paid bills in excess of one hundred thousand dollars or	77804
ten per cent of the approved cost, whichever is greater. After the	77805
initial authorization, the permit holder shall present copies of	77806
paid bills. If the permit holder is in substantial compliance with	77807
the schedule for construction and completion of the new race track	77808
or capital improvement, the racing commission may authorize the	77809
continuation of the tax reduction upon the presentation of the	77810
additional paid bills. The total amount of the tax reduction	77811
authorized shall not exceed the percentage of the approved cost of	77812
the new race track or capital improvement specified in division	77813
(J)(1) of this section. The racing commission may terminate any	77814
tax reduction immediately if a permit holder fails to complete the	77815
new race track or capital improvement, or to substantially comply	77816
with the schedule for construction and completion of the new race	77817
track or capital improvement. If a permit holder fails to complete	77818
a new race track or capital improvement, the racing commission	77819
shall order the permit holder to repay to the state the total	77820
amount of tax reduced. The normal tax paid by the permit holder	77821
shall be increased by three-fourths of one per cent of the total	77822
amount wagered until the total amount of the additional tax	77823
collected equals the total amount of tax reduced.	77824

(4) As used in this section:

77825

(a) "Capital improvement" means an addition, replacement, or	77826
remodeling of a structural unit of a race track facility costing	77827
at least one hundred thousand dollars, including, but not limited	77828
to, the construction of barns used exclusively for the race track	77829
facility, backstretch facilities for horsemen, paddock facilities,	77830
new pari-mutuel and totalizator equipment and appurtenances to	77831
that equipment purchased by the track, new access roads, new	77832
parking areas, the complete reconstruction, reshaping, and	77833
leveling of the racing surface and appurtenances, the installation	77834
of permanent new heating or air conditioning, roof replacement or	77835
restoration, installations of a permanent nature forming a part of	77836
the track structure, and construction of buildings that are	77837
located on a permit holder's premises. "Capital improvement" does	77838
not include the cost of replacement of equipment that is not	77839
permanently installed, ordinary repairs, painting, and maintenance	77840
required to keep a race track facility in ordinary operating	77841
condition.	77842

(b) "New race track" includes the reconstruction of a race	77843
track damaged by fire or other cause that has been declared by the	77844
racing commission, as a result of the damage, to be an inadequate	77845
facility for the safe operation of horse racing.	77846

(c) "Approved cost" includes all debt service and interest	77847
costs that are associated with a capital improvement or new race	77848
track and that the racing commission approves for a tax reduction	77849
under division (J) of this section.	77850

(5) The racing commission shall not approve an application	77851
for a tax reduction under this section if it has reasonable cause	77852
to believe that the actions or negligence of the permit holder	77853
substantially contributed to the damage suffered by the track due	77854
to fire or other cause. The racing commission shall obtain any	77855
data or information available from a fire marshal, law enforcement	77856
official, or insurance company concerning any fire or other damage	77857
suffered by a track, prior to approving an application for a tax	77858
reduction.	77859

(6) The approved cost to which a tax reduction applies shall	77860
be determined by generally accepted accounting principles and	77861
verified by an audit of the permit holder's records upon	77862
completion of the project by the racing commission, or by an	77863
independent certified public accountant selected by the permit	77864
holder and approved by the commission.	77865

(K) No other license or excise tax or fee, except as provided	77866
in sections 3769.01 to 3769.14 of the Revised Code, shall be	77867
assessed or collected from such licensee by any county, township,	77868
district, municipal corporation, or other body having power to	77869
assess or collect a tax or fee. That portion of the tax paid under	77870
this section by permit holders for racing conducted at and during	77871
the course of an agricultural exposition or fair, and that portion	77872
of the tax that would have been paid by eligible permit holders	77873
into the ~~PASSPORT~~nursing home franchise permit fee fund as a	77874
result of racing conducted at and during the course of an	77875
agricultural exposition or fair, shall be deposited into the state	77876
treasury to the credit of the horse racing tax fund, which is	77877
hereby created for the use of the agricultural societies of the	77878
several counties in which the taxes originate. The state racing	77879
commission shall determine eligible permit holders for purposes of	77880
the preceding sentence, taking into account the breed of horse,	77881
the racing dates, the geographic proximity to the fair, and the	77882
best interests of Ohio racing. On the first day of any month on	77883
which there is money in the fund, the tax commissioner shall	77884
provide for payment to the treasurer of each agricultural society	77885
the amount of the taxes collected under this section upon racing	77886
conducted at and during the course of any exposition or fair	77887
conducted by the society.	77888

(L) From the tax paid under this section by harness track	77889
permit holders, the tax commissioner shall pay into the Ohio	77890
thoroughbred race fund a sum equal to a percentage of the amount	77891
wagered upon which the tax is paid. The percentage shall be	77892
determined by the tax commissioner and shall be rounded to the	77893
nearest one-hundredth. The percentage shall be such that, when	77894
multiplied by the amount wagered upon which tax was paid by the	77895
harness track permit holders in the most recent year for which	77896
final figures are available, it results in a sum that	77897
substantially equals the same amount of tax paid by the tax	77898
commissioner during that year into the Ohio fairs fund from taxes	77899
paid by thoroughbred permit holders. This division does not apply	77900
to county and independent fairs and agricultural societies.	77901

(M) Twenty-five per cent of the taxes levied on thoroughbred	77902
racing permit holders, harness racing permit holders, and quarter	77903
horse racing permit holders under this section, division (A) of	77904
section 3769.087 of the Revised Code, and division (F)(2) of	77905
section 3769.26 of the Revised Code shall be paid into the	77906
~~PASSPORT~~nursing home franchise permit fee fund. The tax	77907
commissioner shall pay any money remaining, after the payment into	77908
the ~~PASSPORT~~nursing home franchise permit fee fund and the	77909
reductions provided for in division (J) of this section and in	77910
section 3769.20 of the Revised Code, into the Ohio fairs fund,	77911
Ohio thoroughbred race fund, Ohio standardbred development fund,	77912
Ohio quarter horse fund, and state racing commission operating	77913
fund as prescribed in this section and division (A) of section	77914
3769.087 of the Revised Code. The tax commissioner shall	77915
thereafter use and apply the balance of the money paid as a tax by	77916
any permit holder to cover any shortage in the accounts of such	77917
funds resulting from an insufficient payment as a tax by any other	77918
permit holder. The moneys received by the tax commissioner shall	77919
be deposited weekly and paid by the tax commissioner into the	77920
funds to cover the total aggregate amount due from all permit	77921
holders to the funds, as calculated under this section and	77922
division (A) of section 3769.087 of the Revised Code, as	77923
applicable. If, after the payment into the ~~PASSPORT~~nursing home	77924
franchise permit fee fund, sufficient funds are not available from	77925
the tax deposited by the tax commissioner to pay the required	77926
amounts into the Ohio fairs fund, Ohio standardbred development	77927
fund, Ohio thoroughbred race fund, Ohio quarter horse fund, and	77928
the state racing commission operating fund, the tax commissioner	77929
shall prorate on a proportional basis the amount paid to each of	77930
the funds. Any shortage to the funds as a result of a proration	77931
shall be applied against future deposits for the same calendar	77932
year when funds are available. After this application, the tax	77933
commissioner shall pay any remaining money paid as a tax by all	77934
permit holders into the ~~PASSPORT~~nursing home franchise permit fee	77935
fund. This division does not apply to permit holders conducting	77936
racing at the course of an agricultural exposition or fair as	77937
described in division (K) of this section.	77938

Sec. 3769.20. (A) To encourage the renovation of existing	77939
racing facilities for the benefit of the public, breeders, and	77940
horse owners and to increase the revenue to the state from the	77941
increase in pari-mutuel wagering resulting from such improvement,	77942
the taxes paid by a permit holder to the state, in excess of the	77943
amount paid into the ~~PASSPORT~~nursing home franchise permit fee	77944
fund, shall be reduced by one per cent of the total amount wagered	77945
for those permit holders who carry out a major capital improvement	77946
project. The percentage of the reduction that may be taken each	77947
racing day shall equal seventy-five per cent of the amount of the	77948
taxes levied under divisions (B) and (C) of section 3769.08,	77949
section 3769.087, and division (F)(2) of section 3769.26 of the	77950
Revised Code, as applicable, divided by the calculated amount each	77951
fund should receive under divisions (B) and (C) of section	77952
3769.08, section 3769.087, and division (F)(2) of section 3769.26	77953
of the Revised Code and the reduction provided for in this	77954
section. If the resulting percentage is less than one, that	77955
percentage shall be multiplied by the amount of the reduction	77956
provided for in this section. Otherwise, the permit holder shall	77957
receive the full reduction provided for in this section. The	77958
amount of the allowable reduction not received shall be carried	77959
forward and added to any other reduction balance and applied	77960
against future tax liability. After any reductions expire, any	77961
reduction carried forward shall be treated as a reduction as	77962
provided for in this section. If the amount of allowable reduction	77963
exceeds the amount of taxes derived from a permit holder, the	77964
amount of the allowable reduction not used may be carried forward	77965
and applied against future tax liability.	77966

If more than one permit holder is authorized to conduct	77967
racing at the facility that is being improved, the cost of the	77968
major capital improvement project shall be allocated between or	77969
among all the permit holders in the ratio that each permit	77970
holder's number of racing days bears to the total number of racing	77971
days conducted at the facility.	77972

A reduction for a major capital improvement project shall	77973
start from the day racing is first conducted following the date on	77974
which the major capital improvement project is completed and the	77975
construction cost has been approved by the state racing	77976
commission, except as otherwise provided in division (E) of this	77977
section, and shall continue until the total tax reduction equals	77978
the cost of the major capital improvement project plus debt	77979
service applicable to the project. In no event, however, shall any	77980
tax reduction, excluding any reduction balances, be permitted	77981
under this section after December 31, ~~2014~~2017. The total tax	77982
reduction because of the major capital improvement project shall	77983
not during any one year exceed for all permit holders using any	77984
one track one per cent of the total amount wagered. The racing	77985
commission shall notify the tax commissioner when the reduction of	77986
tax begins and when it ends.	77987

(B) Each fiscal year, the racing commission shall submit a	77988
report to the tax commissioner, the office of budget and	77989
management, and the legislative service commission. The report	77990
shall identify each capital improvement project undertaken under	77991
this section and in progress at each race track, indicate the	77992
total cost of each project, state the tax reduction that resulted	77993
from each project during the immediately preceding fiscal year,	77994
estimate the tax reduction that will result from each project	77995
during the current fiscal year, state the total tax reduction that	77996
resulted from all such projects at all race tracks during the	77997
immediately preceding fiscal year, and estimate the total tax	77998
reduction that will result from all such projects at all race	77999
tracks during the current fiscal year.	78000

(C) The tax reduction granted pursuant to this section shall	78001
be in addition to any tax reductions for capital improvements and	78002
new race tracks provided for in section 3769.08 of the Revised	78003
Code and approved by the racing commission.	78004

(D) In order to qualify for the reduction in tax, a permit	78005
holder shall apply to the racing commission in such form as the	78006
commission may require and shall provide full details of the major	78007
capital improvement project, including plans and specifications, a	78008
schedule for the project's construction and completion, and a	78009
breakdown of proposed costs. In addition, the permit holder shall	78010
have commenced construction of the major capital improvement	78011
project or shall have had the application for the project approved	78012
by the racing commission prior to March 29, 1988. The racing	78013
commission shall not approve an application unless the permit	78014
holder shows that a contract for the major capital improvement	78015
project has been let under an unrestricted competitive bidding	78016
procedure, unless the contract is exempted by the controlling	78017
board because of its unusual nature. In determining whether to	78018
approve an application, the racing commission shall consider	78019
whether the major capital improvement project will promote the	78020
safety, convenience, and comfort of the racing public and horse	78021
owners and generally tend toward the improvement of racing in this	78022
state.	78023

(E) If the major capital improvement project is approved by	78024
the racing commission and construction has started, the tax	78025
reduction may be authorized by the commission upon presentation of	78026
copies of paid bills in excess of five hundred thousand dollars.	78027
After the initial authorization, the permit holder shall present	78028
copies of paid bills in the amount of not less than five hundred	78029
thousand dollars. If the permit holder is in substantial	78030
compliance with the schedule for construction and completion of	78031
the major capital improvement project, the racing commission may	78032
authorize the continuance of the tax reduction upon the	78033
presentation of the additional paid bills in increments of five	78034
hundred thousand dollars. The racing commission may terminate the	78035
tax reduction if a permit holder fails to complete the major	78036
capital improvement project or fails to comply substantially with	78037
the schedule for construction and completion of the major capital	78038
improvement project. If the time for completion of the major	78039
capital improvement project is delayed by acts of God, strikes, or	78040
the unavailability of labor or materials, the time for completion	78041
as set forth in the schedule shall be extended by the period of	78042
the delay. If a permit holder fails to complete the major capital	78043
improvement project, the racing commission shall order the permit	78044
holder to repay to the state the total amount of tax reduced,	78045
unless the permit holder has spent at least six million dollars on	78046
the project. The normal tax paid by the permit holder under	78047
section 3769.08 of the Revised Code shall be increased by one per	78048
cent of the total amount wagered until the total amount of the	78049
additional tax collected equals the total amount of tax reduced.	78050
Any action taken by the racing commission pursuant to this section	78051
in terminating the tax adjustment or requiring repayment of the	78052
amount of tax reduced shall be subject to Chapter 119. of the	78053
Revised Code.	78054

(F) As used in this section, "major capital improvement	78055
project" means the renovation, reconstruction, or remodeling,	78056
costing at least six million dollars, of a race track facility,	78057
including, but not limited to, the construction of barns used	78058
exclusively for that race track facility, backstretch facilities	78059
for horsemen, paddock facilities, pari-mutuel and totalizator	78060
equipment and appurtenances to that equipment purchased by the	78061
track, new access roads, new parking areas, the complete	78062
reconstruction, reshaping, and leveling of the racing surface and	78063
appurtenances, grandstand enclosure, installation of permanent new	78064
heating or air conditioning, roof replacement, and installations	78065
of a permanent nature forming a part of the track structure.	78066

(G) The cost and expenses to which the tax reduction granted	78067
under this section applies shall be determined by generally	78068
accepted accounting principles and be verified by an audit of the	78069
permit holder's records, upon completion of the major capital	78070
improvement project, either by the racing commission or by an	78071
independent certified public accountant selected by the permit	78072
holder and approved by the commission.	78073

(H) This section and section 3769.201 of the Revised Code	78074
govern any tax reduction granted to a permit holder for the cost	78075
to the permit holder of any cleanup, repair, or improvement	78076
required as a result of damage caused by the 1997 Ohio river flood	78077
to the place, track, or enclosure for which the permit is issued.	78078

Sec. 3769.26. (A)(1) Except as otherwise provided in	78079
division (B) of this section, each track in existence on September	78080
27, 1994, regardless of the number of permit holders authorized to	78081
conduct race meetings at the track, may establish, with the	78082
approval of the state racing commission and the appropriate local	78083
legislative authority, not more than two satellite facilities at	78084
which it may conduct pari-mutuel wagering on horse races conducted	78085
either inside or outside this state and simulcast by a simulcast	78086
host to the satellite facilities.	78087

(2) Prior to a track's establishing satellite facilities	78088
under this section, the permit holders at that track shall agree	78089
among themselves regarding their respective rights and obligations	78090
with respect to those satellite facilities.	78091

(3)(a) Any track that desires to establish a satellite	78092
facility shall provide written notification of its intent to the	78093
state racing commission and to the appropriate local legislative	78094
authority that is required to approve the satellite facility,	78095
together with detailed plans and specifications for the satellite	78096
facility. The commission shall deliver copies of this notification	78097
to all other tracks in this state, and the commission shall,	78098
within forty-five days after receiving the notification, hold a	78099
hearing on the track's intent to establish a satellite facility.	78100
At this hearing the commission shall consider the evidence	78101
presented and determine whether the request for establishment of a	78102
satellite facility shall be approved.	78103

The commission shall not approve a track's request to	78104
establish a satellite facility if the owner of the premises where	78105
the satellite facility is proposed to be located or if the	78106
proposed operator of the satellite facility has been convicted of	78107
or has pleaded guilty to a gambling offense that is a felony or	78108
any other felony under the laws of this state, any other state, or	78109
the United States that the commission determines to be related to	78110
fitness to be the owner of such a premises or to be the operator	78111
of a satellite facility. As used in division (A)(3)(a) of this	78112
section, "gambling offense" has the same meaning as in section	78113
2915.01 of the Revised Code and "operator" means the individual	78114
who is responsible for the day-to-day operations of a satellite	78115
facility. The commission shall conduct a background investigation	78116
on each person who is the owner of a premises where a satellite	78117
facility is proposed to be located or who is proposed to be the	78118
operator or an employee of a satellite facility. The commission	78119
shall adopt rules in accordance with Chapter 119. of the Revised	78120
Code that specify the specific information the commission shall	78121
collect in conducting such a background investigation.	78122

No track shall knowingly contract with a person as the owner	78123
of the premises where a satellite facility is located, or	78124
knowingly employ a person as the operator or an employee of a	78125
satellite facility, who has been convicted of or pleaded guilty to	78126
a gambling offense that is a felony or any other felony under the	78127
laws of this state, any other state, or the United States that the	78128
commission determines to be related to fitness to be the owner of	78129
such a premises or to be the operator or an employee of a	78130
satellite facility. The commission may impose a fine in an amount	78131
not to exceed ten thousand dollars on any track that violates any	78132
of these prohibitions.	78133

(b) Each track that receives the notification described in	78134
division (A)(3)(a) of this section shall notify the commission and	78135
the track that desires to establish the satellite facility, within	78136
thirty days after receiving the notification from the commission,	78137
indicating whether or not it desires to participate in the joint	78138
ownership of the facility. Ownership shall be distributed equally	78139
among the tracks that choose to participate in the joint ownership	78140
of the facility unless the participating tracks agree to and	78141
contract otherwise. Tracks that fail to respond to the commission	78142
and the track that desires to establish the satellite facility	78143
within this thirty-day period regarding the ownership of the	78144
particular satellite facility are not eligible to participate in	78145
its ownership.	78146

(B) If, within three years after September 27, 1994, a track	78147
in existence on September 27, 1994, does not establish both of the	78148
satellite facilities it is authorized to establish under division	78149
(A) of this section, another track, with the approval of the	78150
racing commission, may establish in accordance with this section a	78151
number of additional satellite facilities that does not exceed the	78152
number of satellite facilities that the first track did not	78153
establish. However, no more than fourteen satellite facilities may	78154
be established in this state.	78155

(C) Except as otherwise provided in this division, each	78156
permit holder in this state shall allow the races that it	78157
conducts, and the races conducted outside this state that it	78158
receives as a simulcast host, to be simulcast to all satellite	78159
facilities operating in this state and shall take all action	78160
necessary to supply its simulcast and wagering information to	78161
these satellite facilities. A permit holder at a track where the	78162
average daily amount wagered for all race meetings during calendar	78163
year 1990 did not exceed two hundred fifty thousand dollars may	78164
elect not to simulcast its races to the satellite facilities. If a	78165
permit holder at such a track chooses to simulcast its races to	78166
satellite facilities, it shall allow its races to be simulcast to	78167
all satellite facilities operating in this state. Except as	78168
otherwise provided in this division, each satellite facility shall	78169
receive simulcasts of and conduct pari-mutuel wagering on all live	78170
racing programs being conducted at any track in this state and on	78171
all agreed simulcast racing programs, as provided in division (D)	78172
of section 3769.089 of the Revised Code, conducted in other states	78173
that are received by simulcast in this state, without regard to	78174
the breed of horse competing in the race or the time of day of the	78175
race.	78176

No satellite facility may receive simulcasts of horse races	78177
during the same hours that a county fair or independent fair	78178
located within the same county as the satellite facility is	78179
conducting pari-mutuel wagering on horse races at that county or	78180
independent fair.	78181

Except as otherwise provided in this division, the commission	78182
shall not approve the establishment of a satellite facility within	78183
a radius of fifty miles of any track. The commission may approve	78184
the establishment of a satellite facility at a location within a	78185
radius of at least thirty-five but not more than fifty miles from	78186
one or more tracks if all of the holders of permits issued for	78187
those tracks consent in writing to the establishment of the	78188
satellite facility. The commission may approve the establishment	78189
of a satellite facility at a location within a radius of	78190
thirty-five miles of more than one race track if all holders of	78191
permits issued for those tracks consent in writing to the	78192
establishment of the satellite facility and, if the tracks are	78193
located completely within one county and the proposed satellite	78194
facility will be located within that county, if both the	78195
legislative authority of the municipal corporation in that county	78196
with the largest population, and the appropriate legislative	78197
authority that is required to approve the satellite facility under	78198
division (A)(1) of this section, approve the establishment of the	78199
new satellite facility. The commission may approve the	78200
establishment of a satellite facility at a location within a	78201
radius of less than twenty miles from an existing satellite	78202
facility if the owner of the existing satellite facility consents	78203
in writing to the establishment of the new satellite facility.	78204

A satellite facility shall not receive simulcasts of horse	78205
races conducted outside this state on any day when no simulcast	78206
host is operating.	78207

(D) Each simulcast host is responsible for paying all costs	78208
associated with the up-link for simulcasts. Each satellite	78209
facility is responsible for paying all costs associated with the	78210
reception of simulcasts and the operation of the satellite	78211
facility.	78212

(E) All money wagered at the simulcast host, and all money	78213
wagered at all satellite facilities on races simulcast from the	78214
simulcast host, shall be included in a common pari-mutuel pool at	78215
the simulcast host. Except as otherwise provided in division	78216
(F)(6) of this section, the payment shall be the same for all	78217
winning tickets whether a wager is placed at a simulcast host or a	78218
satellite facility. Wagers placed at a satellite facility shall	78219
conform in denomination, character, terms, conditions, and in all	78220
other respects to wagers placed at the simulcast host for the same	78221
race.	78222

(F)(1) As used in division (F) of this section, "effective	78223
rate" means the effective gross tax percentage applicable at the	78224
simulcast host, determined in accordance with sections 3769.08 and	78225
3769.087 of the Revised Code, after combining the money wagered at	78226
the simulcast host with the money wagered at satellite facilities	78227
on races simulcast from the host track.	78228

(2) For the purposes of calculating the amount of taxes to be	78229
paid and the amount of commissions to be retained by permit	78230
holders, fifty per cent of the amount wagered at satellite	78231
facilities on a live racing program simulcast from a simulcast	78232
host shall be allocated to the permit holder's live race wagering	78233
at that simulcast host that conducts the live racing program, and	78234
fifty per cent of the amount wagered at satellite facilities on	78235
simulcast racing programs conducted outside this state shall be	78236
allocated to, and apportioned equally among, the permit holders	78237
acting as simulcast hosts for the out-of-state simulcast racing	78238
programs. The remainder of the amount wagered at a satellite	78239
facility on races simulcast from a simulcast host shall be	78240
allocated to the satellite facility. In computing the tax due on	78241
the amount allocated to the satellite facility, if there is more	78242
than one simulcast host for out-of-state simulcast racing	78243
programs, the effective rate applied by the satellite facility	78244
shall be the tax rate applicable to the simulcast host that pays	78245
the highest effective rate under section 3769.08 of the Revised	78246
Code on such simulcast racing programs.	78247

(3) The portion of the amount wagered that is allocated to a	78248
simulcast host under division (F)(2) of this section shall be	78249
treated, for the purposes of calculating the amount of taxes to be	78250
paid and commissions to be retained, as having been wagered at the	78251
simulcast host on a live racing program or on a simulcast racing	78252
program. The permit holder at the simulcast host shall pay, by	78253
check, draft, or money order to the state tax commissioner, as a	78254
tax, the tax specified in sections 3769.08 and 3769.087 of the	78255
Revised Code, as applicable, except that the tax shall be	78256
calculated using the effective rate, and the permit holder may	78257
retain as a commission the percentage of the amount wagered as	78258
specified in those sections. From the tax collected, the tax	78259
commissioner shall make distributions to the respective funds, and	78260
in the proper amounts, as required by sections 3769.08 and	78261
3769.087 of the Revised Code, as applicable.	78262

(4) From the portion of the amount wagered that is allocated	78263
to a satellite facility under division (F)(2) of this section, the	78264
satellite facility may retain as a commission the amount specified	78265
in section 3769.08 or 3769.087 of the Revised Code, as applicable.	78266
The portion of the amount wagered that is allocated to a satellite	78267
facility shall be subject to tax at the effective rate as follows:	78268

(a) One per cent of such amount allocated to the satellite	78269
facility shall be paid as a tax each racing day to the tax	78270
commissioner for deposit into the ~~PASSPORT~~nursing home franchise	78271
permit fee fund.	78272

(b) The remaining balance of the taxes calculated at the	78273
effective rate, after payment of the tax specified in division	78274
(F)(4)(a) of this section, shall be retained by the satellite	78275
facility to pay for those costs associated with the reception of	78276
the simulcasts.	78277

(5) From the commission retained by a satellite facility	78278
after the deduction of the tax paid at the effective rate under	78279
division (F)(4) of this section, the satellite facility shall	78280
retain an amount equal to two and three-eighths per cent of the	78281
amount wagered that day on simulcast racing programs and the	78282
balance shall be divided as follows:	78283

(a) One-half shall be paid to the owner of the satellite	78284
facility;	78285

(b) One-half shall be paid to the state racing commission for	78286
deposit into the Ohio combined simulcast horse racing purse fund.	78287

(6) In addition to the commission retained under this	78288
section, a satellite facility shall retain two and one-half per	78289
cent of the amount that would otherwise be paid on each winning	78290
wager unless the retention of this amount would either cause or	78291
add to a minus pool. As used in division (F)(6) of this section,	78292
"minus pool" means a wagering pool in which a winning wager is	78293
paid off at less than one hundred ten per cent of the amount of	78294
the wager. The amount retained shall be paid each racing day to	78295
the tax commissioner for deposit into the ~~PASSPORT~~nursing home	78296
franchise permit fee fund.	78297

(7) At the close of each day, each satellite facility shall	78298
pay, by check, draft, or money order, or by wire transfer of	78299
funds, out of the money retained on that day to the collection and	78300
settlement agent the required fee to be paid by the simulcast host	78301
to the tracks, racing associations, or state regulatory agencies	78302
located outside this state for simulcasts into this state computed	78303
and based on one-half of the amount wagered at the satellite	78304
facility that day on interstate simulcast racing programs.	78305

(G) No license, fee, or excise tax, other than as specified	78306
in division (F)(6) of this section, shall be assessed upon or	78307
collected from a satellite facility, the owners of a satellite	78308
facility, or the holders of permits issued for a track that has	78309
established a satellite facility by any county, township,	78310
municipal corporation, district, or other body having the	78311
authority to assess or collect a tax or fee.	78312

(H) In no case shall that portion of the commissions	78313
designated for purses from satellite facilities be less than that	78314
portion of those commissions designated for purses at the	78315
simulcast host.	78316

(I) It is the intention of the general assembly in enacting	78317
this section not to adversely affect the amounts paid into the	78318
Ohio thoroughbred race fund created under section 3769.083 of the	78319
Revised Code. Therefore, each track that acts as a simulcast host	78320
under this section shall calculate, on a semi-annual basis during	78321
calendar years 1994, 1995, and 1996, its average daily	78322
contribution to the Ohio thoroughbred race fund created under	78323
section 3769.083 of the Revised Code on those days on which the	78324
track conducted live horse racing. If this average daily	78325
contribution to the fund is less than the average daily	78326
contribution from the same track to the fund during the same	78327
six-month period of calendar year 1992, there shall be contributed	78328
to the fund an amount equal to the average daily shortfall	78329
multiplied by the number of days of live racing conducted during	78330
the six-month period in calendar year 1994, 1995, or 1996, as	78331
applicable. The amount of such contribution shall be allocated	78332
among the simulcast host, the purse program at the simulcast host,	78333
and the satellite facilities for which the track served as the	78334
simulcast host, on a pro rata basis in proportion to the amounts	78335
contributed by them to the fund during such six-month period in	78336
calendar year 1994, 1995, or 1996, as applicable.	78337

Sec. 3770.03. (A) The state lottery commission shall	78338
promulgate rules under which a statewide lottery may be conducted,	78339
which includes, and since the original enactment of this section	78340
has included, the authority for the commission to operate video	78341
lottery terminal games. Any reference in this chapter to tickets	78342
shall not be construed to in any way limit the authority of the	78343
commission to operate video lottery terminal games. Nothing in	78344
this chapter shall restrict the authority of the commission to	78345
promulgate rules related to the operation of games utilizing video	78346
lottery terminals as described in section 3770.21 of the Revised	78347
Code. The rules shall be promulgated pursuant to Chapter 119. of	78348
the Revised Code, except that instant game rules shall be	78349
promulgated pursuant to section 111.15 of the Revised Code but are	78350
not subject to division (D) of that section. Subjects covered in	78351
these rules shall include, but need not be limited to, the	78352
following:	78353

(1) The type of lottery to be conducted;

78354

(2) The prices of tickets in the lottery;

78355

(3) The type of notices that shall appear on lottery tickets,	78356
including one that shall appear if the word "education" is used in	78357
any advertising for a statewide lottery, which must include	78358
information as to the percentage that lottery profits contribute	78359
to all education funding in the state;	78360

(4) The number, nature, and value of prize awards, the manner	78361
and frequency of prize drawings, and the manner in which prizes	78362
shall be awarded to holders of winning tickets.	78363

(B) The commission shall promulgate rules, in addition to	78364
those described in division (A) of this section, pursuant to	78365
Chapter 119. of the Revised Code under which a statewide lottery	78366
and statewide joint lottery games may be conducted. Subjects	78367
covered in these rules shall include, but not be limited to, the	78368
following:	78369

(1) The locations at which lottery tickets may be sold and	78370
the manner in which they are to be sold. These rules may authorize	78371
the sale of lottery tickets by commission personnel or other	78372
licensed individuals from traveling show wagons at the state fair,	78373
and at any other expositions the director of the commission	78374
considers acceptable. These rules shall prohibit commission	78375
personnel or other licensed individuals from soliciting from an	78376
exposition the right to sell lottery tickets at that exposition,	78377
but shall allow commission personnel or other licensed individuals	78378
to sell lottery tickets at an exposition if the exposition	78379
requests commission personnel or licensed individuals to do so.	78380
These rules may also address the accessibility of sales agent	78381
locations to commission products in accordance with the "Americans	78382
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101	78383
et seq.	78384

(2) The manner in which lottery sales revenues are to be	78385
collected, including authorization for the director to impose	78386
penalties for failure by lottery sales agents to transfer revenues	78387
to the commission in a timely manner;	78388

(3) The amount of compensation to be paid licensed lottery	78389
sales agents;	78390

(4) The substantive criteria for the licensing of lottery	78391
sales agents consistent with section 3770.05 of the Revised Code,	78392
and procedures for revoking or suspending their licenses	78393
consistent with Chapter 119. of the Revised Code. If	78394
circumstances, such as the nonpayment of funds owed by a lottery	78395
sales agent, or other circumstances related to the public safety,	78396
convenience, or trust, require immediate action, the director may	78397
suspend a license without affording an opportunity for a prior	78398
hearing under section 119.07 of the Revised Code.	78399

(5) Special game rules to implement any agreements signed by	78400
the governor that the director enters into with other lottery	78401
jurisdictions under division (J) of section 3770.02 of the Revised	78402
Code to conduct statewide joint lottery games. The rules shall	78403
require that the entire net proceeds of those games that remain,	78404
after associated operating expenses, prize disbursements, lottery	78405
sales agent bonuses, commissions, and reimbursements, and any	78406
other expenses necessary to comply with the agreements or the	78407
rules are deducted from the gross proceeds of those games, be	78408
transferred to the lottery profits education fund under division	78409
(B) of section 3770.06 of the Revised Code.	78410

(6) Any other subjects the commission determines are	78411
necessary for the operation of video lottery terminal games,	78412
including the establishment of any fees, fines, or payment	78413
schedules.	78414

(C) Chapter 2915. of the Revised Code does not apply to,	78415
affect, or prohibit lotteries conducted pursuant to this chapter.	78416

(D) The commission may promulgate rules, in addition to those	78417
described in divisions (A) and (B) of this section, that establish	78418
standards governing the display of advertising and celebrity	78419
images on lottery tickets and on other items that are used in the	78420
conduct of, or to promote, the statewide lottery and statewide	78421
joint lottery games. Any revenue derived from the sale of	78422
advertising displayed on lottery tickets and on those other items	78423
shall be considered, for purposes of section 3770.06 of the	78424
Revised Code, to be related proceeds in connection with the	78425
statewide lottery or gross proceeds from statewide joint lottery	78426
games, as applicable.	78427

(E)(1) The commission shall meet with the director at least	78428
once each month and shall convene other meetings at the request of	78429
the chairperson or any five of the members. No action taken by the	78430
commission shall be binding unless at least five of the members	78431
present vote in favor of the action. A written record shall be	78432
made of the proceedings of each meeting and shall be transmitted	78433
forthwith to the governor, the president of the senate, the senate	78434
minority leader, the speaker of the house of representatives, and	78435
the house minority leader.	78436

(2) The director shall present to the commission a report	78437
each month, showing the total revenues, prize disbursements, and	78438
operating expenses of the state lottery for the preceding month.	78439
As soon as practicable after the end of each fiscal year, the	78440
commission shall prepare and transmit to the governor and the	78441
general assembly a report of lottery revenues, prize	78442
disbursements, and operating expenses for the preceding fiscal	78443
year and any recommendations for legislation considered necessary	78444
by the commission.	78445

Sec. 3770.031. The notice that the state lottery commission	78446
determines shall appear on lottery tickets under division (A)(3)	78447
of section 3770.03 of the Revised Code to provide information as	78448
to what percentage that lottery profits contribute to all	78449
education funding in the state also shall appear on any television	78450
advertising for the Ohio lottery and on the first page of the web	78451
site for the Ohio lottery.	78452

Sec. 3770.05. (A) As used in this section, "person" means	78453
any person, association, corporation, partnership, club, trust,	78454
estate, society, receiver, trustee, person acting in a fiduciary	78455
or representative capacity, instrumentality of the state or any of	78456
its political subdivisions, or any other combination of	78457
individuals meeting the requirements set forth in this section or	78458
established by rule or order of the state lottery commission.	78459

(B) The director of the state lottery commission may license	78460
any person as a lottery sales agent. No license shall be issued to	78461
any person or group of persons to engage in the sale of lottery	78462
tickets as the person's or group's sole occupation or business.	78463

Before issuing any license to a lottery sales agent, the	78464
director shall consider all of the following:	78465

(1) The financial responsibility and security of the	78466
applicant and the applicant's business or activity;	78467

(2) The accessibility of the applicant's place of business or	78468
activity to the public;	78469

(3) The sufficiency of existing licensed agents to serve the	78470
public interest;	78471

(4) The volume of expected sales by the applicant;

78472

(5) Any other factors pertaining to the public interest,	78473
convenience, or trust.	78474

(C) Except as otherwise provided in division (F) of this	78475
section, the director of the state lottery commission shall refuse	78476
to grant, or shall suspend or revoke, a license if the applicant	78477
or licensee:	78478

(1) Has been convicted of a felony or has been convicted of a	78479
crime involving moral turpitude;	78480

(2) Has been convicted of an offense that involves illegal	78481
gambling;	78482

(3) Has been found guilty of fraud or misrepresentation in	78483
any connection;	78484

(4) Has been found to have violated any rule or order of the	78485
commission; or	78486

(5) Has been convicted of illegal trafficking in supplemental	78487
nutrition assistance program benefits.	78488

(D) Except as otherwise provided in division (F) of this	78489
section, the director of the state lottery commission shall refuse	78490
to grant, or shall suspend or revoke, a license if the applicant	78491
or licensee is a corporation and any of the following applies:	78492

(1) Any of the corporation's directors, officers, or	78493
controlling shareholders has been found guilty of any of the	78494
activities specified in divisions (C)(1) to (5) of this section;	78495

(2) It appears to the director of the state lottery	78496
commission that, due to the experience, character, or general	78497
fitness of any director, officer, or controlling shareholder of	78498
the corporation, the granting of a license as a lottery sales	78499
agent would be inconsistent with the public interest, convenience,	78500
or trust;	78501

(3) The corporation is not the owner or lessee of the	78502
business at which it would conduct a lottery sales agency pursuant	78503
to the license applied for;	78504

(4) Any person, firm, association, or corporation other than	78505
the applicant or licensee shares or will share in the profits of	78506
the applicant or licensee, other than receiving dividends or	78507
distributions as a shareholder, or participates or will	78508
participate in the management of the affairs of the applicant or	78509
licensee.	78510

(E)(1) The director of the state lottery commission shall	78511
refuse to grant a license to an applicant for a lottery sales	78512
agent license and shall revoke a lottery sales agent license if	78513
the applicant or licensee is or has been convicted of a violation	78514
of division (A) or (C)(1) of section 2913.46 of the Revised Code.	78515

(2) The director shall refuse to grant a license to an	78516
applicant for a lottery sales agent license that is a corporation	78517
and shall revoke the lottery sales agent license of a corporation	78518
if the corporation is or has been convicted of a violation of	78519
division (A) or (C)(1) of section 2913.46 of the Revised Code.	78520

(F) The director of the state lottery commission shall	78521
request the bureau of criminal identification and investigation,	78522
the department of public safety, or any other state, local, or	78523
federal agency to supply the director with the criminal records of	78524
any applicant for a lottery sales agent license, and may	78525
periodically request the criminal records of any person to whom a	78526
lottery sales agent license has been issued. At or prior to the	78527
time of making such a request, the director shall require an	78528
applicant or licensee to obtain fingerprint impressions on	78529
fingerprint cards prescribed by the superintendent of the bureau	78530
of criminal identification and investigation at a qualified law	78531
enforcement agency, and the director shall cause those fingerprint	78532
cards to be forwarded to the bureau of criminal identification and	78533
investigation, to the federal bureau of investigation, or to both	78534
bureaus. The commission shall assume the cost of obtaining the	78535
fingerprint cards.	78536

The director shall pay to each agency supplying criminal	78537
records for each investigation a reasonable fee, as determined by	78538
the agency.	78539

The commission may adopt uniform rules specifying time	78540
periods after which the persons described in divisions (C)(1) to	78541
(5) and (D)(1) to (4) of this section may be issued a license and	78542
establishing requirements for those persons to seek a court order	78543
to have records sealed in accordance with law.	78544

(G)(1) Each applicant for a lottery sales agent license shall	78545
do both of the following:	78546

(a) Pay fees to the state lottery commission, ~~at the time the~~	78547
~~application is submitted, a fee in an amount that the director of~~	78548
~~the state lottery commission determines~~if required by rule	78549
adopted by the director under Chapter 119. of the Revised Code and	78550
~~that~~ the controlling board approves the fees;	78551

(b) Prior to approval of the application, obtain a surety	78552
bond in an amount the director determines by rule adopted under	78553
Chapter 119. of the Revised Code or, alternatively, with the	78554
director's approval, deposit the same amount into a dedicated	78555
account for the benefit of the state lottery. The director also	78556
may approve the obtaining of a surety bond to cover part of the	78557
amount required, together with a dedicated account deposit to	78558
cover the remainder of the amount required.	78559

A surety bond may be with any company that complies with the	78560
bonding and surety laws of this state and the requirements	78561
established by rules of the commission pursuant to this chapter. A	78562
dedicated account deposit shall be conducted in accordance with	78563
policies and procedures the director establishes.	78564

A surety bond, dedicated account, or both, as applicable, may	78565
be used to pay for the lottery sales agent's failure to make	78566
prompt and accurate payments for lottery ticket sales, for missing	78567
or stolen lottery tickets, or for damage to equipment or materials	78568
issued to the lottery sales agent, or to pay for expenses the	78569
commission incurs in connection with the lottery sales agent's	78570
license.	78571

(2) A lottery sales agent license is effective for one year.

78572

A licensed lottery sales agent, on or before the date	78573
established by the director, shall renew the agent's license and	78574
provide at that time evidence to the director that the surety	78575
bond, dedicated account deposit, or both, required under division	78576
(G)(1)(b) of this section has been renewed or is active, whichever	78577
applies.	78578

Before the commission renews a lottery sales agent license,	78579
the lottery sales agent shall submit a renewal fee to the	78580
commission ~~in an amount that the director determines~~, if one is	78581
required by rule adopted by the director under Chapter 119. of the	78582
Revised Code and ~~that~~ the controlling board approves the renewal	78583
fee. The renewal fee shall not exceed the actual cost of	78584
administering the license renewal and processing changes reflected	78585
in the renewal application. The renewal of the license is	78586
effective for up to one year.	78587

(3) A lottery sales agent license shall be complete,	78588
accurate, and current at all times during the term of the license.	78589
Any changes to an original license application or a renewal	78590
application may subject the applicant or lottery sales agent, as	78591
applicable, to paying an administrative fee that shall be in an	78592
amount that the director determines by rule adopted under Chapter	78593
119. of the Revised Code, that the controlling board approves, and	78594
that shall not exceed the actual cost of administering and	78595
processing the changes to an application.	78596

(4) The relationship between the commission and a lottery	78597
sales agent is one of trust. A lottery sales agent collects funds	78598
on behalf of the commission through the sale of lottery tickets	78599
for which the agent receives a compensation.	78600

(H) Pending a final resolution of any question arising under	78601
this section, the director of the state lottery commission may	78602
issue a temporary lottery sales agent license, subject to the	78603
terms and conditions the director considers appropriate.	78604

(I) If a lottery sales agent's rental payments for the	78605
lottery sales agent's premises are determined, in whole or in	78606
part, by the amount of retail sales the lottery sales agent makes,	78607
and if the rental agreement does not expressly provide that the	78608
amount of those retail sales includes the amounts the lottery	78609
sales agent receives from lottery ticket sales, only the amounts	78610
the lottery sales agent receives as compensation from the state	78611
lottery commission for selling lottery tickets shall be considered	78612
to be amounts the lottery sales agent receives from the retail	78613
sales the lottery sales agent makes, for the purpose of computing	78614
the lottery sales agent's rental payments.	78615

Sec. 3772.032. (A) The permanent joint committee on gaming	78616
and wagering is established. The committee consists of six	78617
members. The speaker of the house of representatives shall appoint	78618
to the committee three members of the house of representatives and	78619
the president of the senate shall appoint to the committee three	78620
members of the senate. Not more than two members appointed from	78621
each chamber may be members of the same political party. The	78622
chairperson shall be from the opposite ~~party~~house as the	78623
chairperson of the joint committee on agency rule review. If the	78624
chairperson is to be from the house of representatives, the	78625
speaker of the house of representatives shall designate a member	78626
as the chairperson and the president of the senate shall designate	78627
a member as the vice-chairperson. If the chairperson is to be from	78628
the senate, the president of the senate shall designate a member	78629
as the chairperson and the speaker of the house of representatives	78630
shall designate a member as the vice-chairperson.	78631

(B) The committee shall:

78632

(1) Review all constitutional amendments, laws, and rules	78633
governing the operation and administration of casino gaming and	78634
all authorized gaming and wagering activities and recommend to the	78635
general assembly and commission any changes it may find desirable	78636
with respect to the language, structure, and organization of those	78637
amendments, laws, or rules;	78638

(2) Make an annual report to the governor and to the general	78639
assembly with respect ofto the operation and administration of	78640
casino gaming;	78641

(3) Review all changes of fees and penalties as provided in	78642
this chapter and rules adopted thereunder; and	78643

(4) Study all proposed changes to the constitution and laws	78644
of this state and to the rules adopted by the commission governing	78645
the operation and administration of casino gaming, and report to	78646
the general assembly on their adequacy and desirability as a	78647
matter of public policy.	78648

(C) Any study, or any expense incurred, in furtherance of the	78649
committee's objectives shall be paid for from, or out of, the	78650
casino control commission fund or other appropriation provided by	78651
law. The members shall receive no additional compensation, but	78652
shall be reimbursed for actual and necessary expenses incurred in	78653
the performance of their official duties.	78654

Sec. 3772.062. (A) The executive director of the commission	78655
shall enter into an agreement with the department of alcohol and	78656
drug addiction services under which the department provides a	78657
program of gambling and addiction services on behalf of the	78658
commission.	78659

(B) The executive director of the commission, in conjunction	78660
with the department of alcohol and drug addiction services and the	78661
state lottery commission, shall establish, operate, and publicize	78662
an in-state, toll-free telephone number Ohio residents may call to	78663
obtain basic information about problem gambling, the gambling	78664
addiction services available to problem gamblers, and how a	78665
problem gambler may obtain help. The telephone number shall be	78666
staffed twenty-four hours per day, seven days a week, to respond	78667
to inquiries and provide that information. The costs of	78668
establishing, operating, and publicizing the telephone number	78669
shall be paid for with money in the problem casino gambling and	78670
addictions fund.	78671

Sec. 3781.183. If the board of building standards adopts	78672
rules under sections 3781.06 to 3781.18 of the Revised Code	78673
concerning the requirements an adult group home seeking licensure	78674
as an adult care facility must meet under section ~~3722.02~~5119.71	78675
of the Revised Code, the board shall adopt the rules in	78676
consultation with the directors of mental health and of aging and	78677
any interested party designated by the directors of mental health	78678
and of aging.	78679

Sec. 3791.043. If the board of building standards adopts	78680
rules under section 3791.04 of the Revised Code concerning the	78681
requirements an adult group home seeking licensure as an adult	78682
care facility must meet under section ~~3722.02~~5119.71 of the	78683
Revised Code, the board shall adopt the rules in consultation with	78684
the directors of mental health and aging and any interested party	78685
designated by the directors of mental health and aging.	78686

Sec. 3793.04. The department of alcohol and drug addiction	78687
services shall develop, administer, and revise as necessary a	78688
comprehensive statewide alcohol and drug addiction services plan	78689
for the implementation of this chapter. The plan shall emphasize	78690
abstinence from the use of alcohol and drugs of abuse as the	78691
primary goal of alcohol and drug addiction services. The council	78692
on alcohol and drug addiction services shall advise the department	78693
in the development and implementation of the plan.	78694

The plan shall provide for the allocation and distribution of	78695
~~state and federal~~ funds appropriated to the department by the	78696
general assembly for ~~service~~services furnished by alcohol and	78697
drug addiction programs under contract with boards of alcohol,	78698
drug addiction, and mental health services ~~and for distribution of~~	78699
~~the funds to such boards~~. The ~~plan~~department shall exclude from	78700
the allocation and distribution any funds that are transferred to	78701
the department of job and family services to pay the nonfederal	78702
share of alcohol and drug addiction services covered by the	78703
medicaid program.	78704

The plan shall specify the methodology that the department	78705
will use for determining how the funds will be allocated and	78706
distributed. A portion of the funds shall be allocated on the	78707
basis of the ratio of the population of each alcohol, drug	78708
addiction, and mental health service district to the total	78709
population of the state as determined from the most recent federal	78710
census or the most recent official estimate made by the United	78711
States census bureau.	78712

The plan shall ensure that alcohol and drug addiction	78713
services of a high quality are accessible to, and responsive to	78714
the needs of, all persons, especially those who are members of	78715
underserved groups, including, but not limited to, African	78716
Americans, Hispanics, native Americans, Asians, juvenile and adult	78717
offenders, women, and persons with special services needs due to	78718
age or disability. The plan shall include a program to promote and	78719
protect the rights of those who receive services.	78720

To aid in formulating the plan and in evaluating the	78721
effectiveness and results of alcohol and drug addiction services,	78722
the department, in consultation with the department of mental	78723
health, shall establish and maintain an information system or	78724
systems. The department of alcohol and drug addiction services	78725
shall specify the information that must be provided by boards of	78726
alcohol, drug addiction, and mental health services and by alcohol	78727
and drug addiction programs for inclusion in the system. The	78728
department shall not collect any personal information from the	78729
boards except as required or permitted by state or federal law for	78730
purposes related to payment, health care operations, program and	78731
service evaluation, reporting activities, research, system	78732
administration, and oversight.	78733

In consultation with boards, programs, and persons receiving	78734
services, the department shall establish guidelines for the use of	78735
~~state and federal~~ funds allocated and distributed under this	78736
section and for the boards' development of plans for services	78737
required by sections 340.033 and 3793.05 of the Revised Code.	78738

In any fiscal year, the department shall spend, or allocate	78739
to boards, for methadone maintenance programs or any similar	78740
programs not more than eight per cent of the total amount	78741
appropriated to the department for the fiscal year.	78742

Sec. 3793.06. (A) ~~The department of alcohol and drug~~	78743
~~addiction services shall evaluate and certify all~~Each alcohol and	78744
drug addiction ~~programs in the state. Each~~ program shall apply to	78745
the department of alcohol and drug addiction services for	78746
certification. No program shall be eligible to receive state or	78747
federal funds unless it has been certified by the department.	78748

(B) No person shall represent in any manner that a program is	78749
certified by the department if the program is not certified at the	78750
time the representation is made.	78751

(C) Pursuant to Chapter 119. of the Revised Code and in	78752
consultation with members or representatives of boards of alcohol,	78753
drug addiction, and mental health services, programs, individuals	78754
who receive alcohol and drug addiction services, and the	78755
department of mental health, the department shall adopt rules that	78756
establish all of the following:	78757

(1) Minimum standards for the operation of programs,	78758
including, but not limited to, the following:	78759

(a) Requirements regarding physical facilities of programs;

78760

(b) Requirements with regard to health, safety, adequacy, and	78761
cultural specificity and sensitivity;	78762

(c) Requirements regarding the rights of recipients of	78763
services and procedures to protect these rights.	78764

(2) Standards for evaluating programs;

78765

(3) Standards and procedures for granting full or conditional	78766
certification to a program;	78767

(4) Standards and procedures for revoking the certification	78768
of a program that does not continue to meet the minimum standards	78769
established pursuant to this section.	78770

(D) Rules adopted under division (C) of this section shall	78771
specify the limitations to be placed on a program that is granted	78772
conditional certification.	78773

(E) The department may visit and evaluate any program to	78774
determine whether it meets the minimum standards for certification	78775
~~established pursuant to division (C) of this section~~. In the case	78776
of a program that has a contract with or proposes to contract with	78777
a board of alcohol, drug addiction, and mental health services,	78778
the department shall conduct the visit and evaluation in	78779
cooperation with the board. If	78780

(F) Subject to section 3793.061 of the Revised Code, the	78781
department shall determine whether an applicant's program meets	78782
the minimum standards for certification. If the department	78783
determines that the program meets the minimum standards, it shall	78784
certify or recertify the program.	78785

~~(F)~~(G) If the department determines that a program that has	78786
a contract with a board or proposes to contract with a board does	78787
not meet the minimum standards for certification, it shall	78788
identify the areas in which the program does not meet the	78789
standards, specify what action is necessary to meet the standards,	78790
and offer technical assistance to the board to enable it to assist	78791
the program in meeting the standards. The department shall give	78792
the program a reasonable time within which to demonstrate that the	78793
program meets the minimum standards or to bring the program into	78794
compliance with the standards. If the department concludes that	78795
the program continues to fail to meet minimum standards, it shall	78796
deny certification and may request that the board reallocate the	78797
funds that the board is allocating to that program to another	78798
program that is certified. If the board does not reallocate the	78799
funds within a reasonable time, the department may withhold from	78800
the board the funds that the board is allocating to the program	78801
and allocate the funds directly to a recovery program certified by	78802
the department.	78803

The department shall adopt rules pursuant to Chapter 119. of	78804
the Revised Code to implement this division. The rules shall	78805
specify the notice and hearing procedures to be followed prior to	78806
denial of certification or reallocation of funds.	78807

~~(G)~~(H) The department may withhold from a board all or part	78808
of the state and federal funds allocated for a program certified	78809
under this section in the event of failure of that program to	78810
comply with this chapter, Chapter 340. of the Revised Code, rules	78811
adopted by the department, or other provisions of state or federal	78812
law, including federal regulations.	78813

If the department proposes to withhold funds, it shall	78814
identify the areas of the program's noncompliance and the action	78815
necessary to achieve compliance and shall offer technical	78816
assistance to the board to enable it to assist the program to	78817
achieve compliance. The department shall allow a reasonable time	78818
within which the board or program shall demonstrate that the	78819
program is in compliance or the program shall bring itself into	78820
compliance. Before withholding funds, the department shall hold a	78821
hearing on the question of whether the program is in, or can be	78822
brought into, compliance. If, based on the hearing and other	78823
evidence, the department determines that compliance has not been,	78824
or cannot be, achieved, the department may withhold the funds and	78825
allocate all or part of the withheld funds to a certified program	78826
that is in compliance. That program shall use the funds to provide	78827
the services of the program that is not in compliance, until such	78828
time as it is in compliance.	78829

The department shall establish rules pursuant to Chapter 119.	78830
of the Revised Code to implement this division.	78831

~~(H)~~(I) The department shall maintain a current list of	78832
alcohol and drug addiction programs certified by the department	78833
under division (A) of this section and shall provide a copy of the	78834
current list to a judge of a court of common pleas who requests a	78835
copy for the use of the judge under division (H) of section	78836
2925.03 of the Revised Code. The list of certified alcohol and	78837
drug addiction programs shall identify each certified program by	78838
its name, its address, and the county in which it is located.	78839

Sec. 3793.061. (A) In lieu of a determination by the	78840
department of alcohol and drug addiction services of whether an	78841
alcohol and drug addiction program satisfies the standards for	78842
certification under section 3793.06 of the Revised Code, the	78843
department shall accept appropriate accreditation of an	78844
applicant's alcohol and other drug addiction services, integrated	78845
mental health and alcohol and other drug addiction services, or	78846
integrated alcohol and other drug addiction and physical health	78847
services being provided in this state from any of the following	78848
national accrediting organizations as evidence that the applicant	78849
satisfies the standards for certification:	78850

(1) The joint commission;

78851

(2) The commission on accreditation of rehabilitation	78852
facilities;	78853

(3) The council on accreditation.

78854

(B) If the department determines that an applicant's	78855
accreditation is current, is appropriate for the program for which	78856
the applicant is seeking certification, and the applicant meets	78857
any other requirements established under this section or in rules	78858
adopted under this section, the department shall certify or	78859
recertify the program. Except as provided in division (C)(2) of	78860
this section, the department shall issue the certification or	78861
recertification without further evaluation of the program.	78862

78863

(1) The department may review the accrediting organizations	78864
listed in division (A) of this section to evaluate whether the	78865
accreditation standards and processes used by the organizations	78866
are consistent with service delivery models the department	78867
considers appropriate for alcohol and other drug addiction	78868
services, physical health services, or both. The department may	78869
communicate to an accrediting organization any identified	78870
concerns, trends, needs, and recommendations.	78871

(2) The department may visit or otherwise evaluate an alcohol	78872
and drug addiction program at any time based on cause, including	78873
complaints made by or on behalf of consumers and confirmed or	78874
alleged deficiencies brought to the attention of the department.	78875

(3) The department shall require an alcohol and drug	78876
addiction program to notify the department not later than ten days	78877
after any change in the program's accreditation status. The	78878
program may notify the department by providing a copy of the	78879
relevant document the program received from the accrediting	78880
organization.	78881

(4) The department shall require an alcohol and drug	78882
addiction program to submit to the department reports of major	78883
unusual incidents.	78884

(5) The department may require an alcohol and drug addiction	78885
program to submit to the department cost reports pertaining to the	78886
program.	78887

(D) The department shall adopt rules in accordance with	78888
Chapter 119. of the Revised Code to implement this section. In	78889
adopting the rules, the department shall do all of the following:	78890

(1) Specify the documentation that must be submitted as	78891
evidence of holding appropriate accreditation;	78892

(2) Establish a process by which the department may review	78893
the accreditation standards and processes used by the national	78894
accrediting organizations listed in division (A) of this section;	78895

(3) Specify the circumstances under which reports of major	78896
unusual incidents and program cost reports must be submitted to	78897
the department;	78898

(4) Specify the circumstances under which the department may	78899
visit or otherwise evaluate an alcohol and drug addiction program	78900
for cause;	78901

(5) Establish a process by which the department, based on	78902
deficiencies identified as a result of visiting or evaluating an	78903
alcohol drug addiction program under division (C)(2) of this	78904
section, may take any of a range of corrective actions, with the	78905
most stringent being revocation of the program's certification.	78906

Sec. 3793.21. (A) As used in this section, "administrative	78907
function" means a function related to one or more of the	78908
following:	78909

(1) Continuous quality improvement;

78910

(2) Utilization review;

78911

(3) Resource development;

78912

(4) Fiscal administration;

78913

(5) General administration;

78914

(6) Any other function related to administration that is	78915
required by Chapter 340. of the Revised Code.	78916

(B) Each board of alcohol, drug addiction, and mental health	78917
services shall submit an annual report to the department of	78918
alcohol and drug addiction services specifying how the board used	78919
~~state and federal~~the funds allocated and distributed to the	78920
board~~, according to the methodology the department specifies~~ under	78921
section 3793.04 of the Revised Code, for administrative functions	78922
in the year preceding the report's submission. The director of	78923
alcohol and drug addiction shall establish the date by which the	78924
report must be submitted each year.	78925

Sec. 3901.3814. Sections 3901.38 and 3901.381 to 3901.3813 of	78926
the Revised Code do not apply to the following:	78927

(A) Policies offering coverage that is regulated under	78928
Chapters 3935. and 3937. of the Revised Code;	78929

(B) An employer's self-insurance plan and any of its	78930
administrators, as defined in section 3959.01 of the Revised Code,	78931
to the extent that federal law supersedes, preempts, prohibits, or	78932
otherwise precludes the application of any provisions of those	78933
sections to the plan and its administrators;	78934

(C) A third-party payer for coverage provided under the	78935
medicare advantage program operated under Title XVIII of the	78936
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	78937
amended;	78938

(D) A third-party payer for coverage provided under the	78939
medicaid program operated under Title XIX of the "Social Security	78940
Act," except that if a federal waiver applied for under section	78941
5111.178 of the Revised Code is granted or the director of job and	78942
family services determines that this provision can be implemented	78943
without a waiver, sections 3901.38 and 3901.381 to 3901.3813 of	78944
the Revised Code apply to claims submitted electronically or	78945
non-electronically that are made with respect to coverage of	78946
medicaid recipients by health insuring corporations licensed under	78947
Chapter 1751. of the Revised Code, instead of the prompt payment	78948
requirements of 42 C.F.R. 447.46;	78949

(E) A third-party payer for coverage provided under the	78950
tricare program offered by the United States department of	78951
defense.	78952

~~(F) A third-party payer for coverage provided under the~~	78953
~~children's buy-in program established under sections 5101.5211 to~~	78954
~~5101.5216 of the Revised Code.~~	78955

Sec. 3901.56. An insurer may offer a wellness or health	78956
improvement program that provides rewards or incentives, including	78957
merchandise; gift cards; debit cards; premium discounts or	78958
rebates; contributions to a health savings account; modifications	78959
to copayment, deductible, or coinsurance amounts; or any	78960
combination of these incentives, to encourage participation or to	78961
reward participation in the program.	78962

A wellness or health improvement program offered by an	78963
insurer under this section shall not be construed to violate	78964
division (E) of section 1751.31 or division (G) of section 3901.21	78965
of the Revised Code if the program is disclosed in the policy or	78966
plan.	78967

The insured may be required to provide verification, such as	78968
a statement from their physician, that a medical condition makes	78969
it unreasonably difficult or medically inadvisable for the	78970
individual to participate in the wellness or health improvement	78971
program.	78972

Nothing in this section shall prohibit an insurer from	78973
offering incentives or rewards to members for adherence to	78974
wellness or health improvement programs if otherwise allowed by	78975
federal law.	78976

Nothing under division (C)(1) of section 3923.571 or section	78977
3924.25 of the Revised Code shall be construed as prohibiting an	78978
insurer from offering a wellness or health improvement program or	78979
restricting the amount an employee is charged for coverage under a	78980
group policy after the application of any premium discounts or	78981
rebates, or modifying otherwise applicable copayments or	78982
deductibles for adherence to wellness or health improvement	78983
programs.	78984

For purposes of this section, "insurer" means a life	78985
insurance company, sickness and accident insurer, multiple	78986
employer welfare arrangement, public employee benefit plan, or	78987
health insuring corporation.	78988

Sec. 3903.01. As used in sections 3903.01 to 3903.59 of the	78989
Revised Code:	78990

(A) "Admitted assets" means investment in assets which will	78991
be admitted by the superintendent of insurance pursuant to the law	78992
of this state.	78993

(B) "Affiliate" has the same meaning as "affiliate of" or	78994
"affiliated with," as defined in section 3901.32 of the Revised	78995
Code.	78996

(C) "Assets" means all property, real and personal, of every	78997
nature and kind whatsoever or any interest therein.	78998

~~(C)~~(D) "Ancillary state" means any state other than a	78999
domiciliary state.	79000

~~(D)~~(E) "Commodity contract" means any of the following:

79001

(1) A contract for the purchase or sale of a commodity for	79002
future delivery on, or subject to the rules of, a board of trade	79003
designated as a contract market by the commodity futures trading	79004
commission under the "Commodity Exchange Act," 7 U.S.C. 1 et seq.,	79005
as amended, or a board of trade outside the United States;	79006

(2) An agreement that is subject to regulation under section	79007
19 of the "Commodity Exchange Act," 7 U.S.C. 23, as amended, and	79008
that is commonly known to the commodities trade as a margin	79009
account, margin contract, leverage account, or leverage contract;	79010

(3) An agreement or transaction that is subject to regulation	79011
under section 4c(b) of the "Commodity Exchange Act," 7 U.S.C.	79012
6c(b), as amended, and that is commonly known to the commodities	79013
trade as a commodity option;	79014

(4) Any combination of agreements or transactions described	79015
in division (E) of this section;	79016

(5) Any option to enter into an agreement or transaction	79017
described in division (E) of this section.	79018

(F) "Creditor" means a person having any claim, whether	79019
matured or unmatured, liquidated or unliquidated, secured or	79020
unsecured, absolute, fixed, or contingent.	79021

~~(E)~~(G) "Delinquency proceeding" means any proceeding	79022
commenced against an insurer for the purpose of liquidating,	79023
rehabilitating, reorganizing, or conserving the insurer, and any	79024
summary proceeding under section 3903.09 or 3903.10 of the Revised	79025
Code. "Formal delinquency proceeding" means any liquidation or	79026
rehabilitation proceeding.	79027

~~(F)~~(H) "Doing business" includes any of the following acts,	79028
whether effected by mail or otherwise:	79029

(1) The issuance or delivery of contracts of insurance to	79030
persons resident in this state;	79031

(2) The solicitation of applications for such contracts, or	79032
other negotiations preliminary to the execution of such contracts;	79033

(3) The collection of premiums, membership fees, assessments,	79034
or other consideration for such contracts;	79035

(4) The transaction of matters subsequent to execution of	79036
such contracts and arising out of them;	79037

(5) Operating under a license or certificate of authority, as	79038
an insurer, issued by the department of insurance.	79039

~~(G)~~(I) "Domiciliary state" means the state in which an	79040
insurer is incorporated or organized, or, in the case of an alien	79041
insurer, its state of entry.	79042

~~(H)~~(J) "Fair consideration" is given for property or	79043
obligation when either of the following apply:	79044

(1) When in exchange for such property or obligation, as a	79045
fair equivalent therefor, and in good faith, property is conveyed,	79046
services are rendered, an obligation is incurred, or an antecedent	79047
debt is satisfied;	79048

(2) When such property or obligation is received in good	79049
faith to secure a present advance or antecedent debt in an amount	79050
not disproportionately small as compared to the value of the	79051
property or obligation obtained.	79052

~~(I)~~(K) "Foreign country" means any other jurisdiction not in	79053
any state.	79054

~~(J)~~(L) "Forward contract" has the same meaning as in the	79055
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C.	79056
1821(e)(8)(D), as now and hereafter amended.	79057

(M) "Guaranty association" means the Ohio insurance guaranty	79058
association created by section 3955.06 of the Revised Code and any	79059
other similar entity hereafter created by the general assembly for	79060
the payment of claims of insolvent insurers. "Foreign guaranty	79061
association" means any similar entities now in existence in or	79062
hereafter created by the legislature of any other state.	79063

~~(K)~~(N) "Insolvency" or "insolvent" means:

79064

(1) For an insurer issuing only assessable fire insurance	79065
policies either of the following:	79066

(a) The inability to pay any obligation within thirty days	79067
after it becomes payable;	79068

(b) If an assessment is made within thirty days after such	79069
date, the inability to pay the obligation thirty days following	79070
the date specified in the first assessment notice issued after the	79071
date of loss.	79072

(2) For any other insurer, that it is unable to pay its	79073
obligations when they are due, or when its admitted assets do not	79074
exceed its liabilities plus the greater of either of the	79075
following:	79076

(a) Any capital and surplus required by law for its	79077
organization;	79078

(b) The total par or stated value of its authorized and	79079
issued capital stock.	79080

(3) As to any insurer licensed to do business in this state	79081
as of the effective date of sections 3903.01 to 3903.59 of the	79082
Revised Code that does not meet the standard established under	79083
division ~~(K)~~(N)(2) of this section, the term "insolvency" or	79084
"insolvent" means, for a period not to exceed three years from the	79085
effective date of sections 3903.01 to 3903.59 of the Revised Code,	79086
that it is unable to pay its obligations when they are due or that	79087
its admitted assets do not exceed its liabilities plus any	79088
required capital contribution ordered by the superintendent under	79089
provisions of Title XXXIX of the Revised Code.	79090

(4) For purposes of divisions ~~(K)~~(N)(2) to (4) of this	79091
section, "liabilities" includes, but is not limited to, reserves	79092
required by statute or by rules of the superintendent or specific	79093
requirements imposed by the superintendent upon a subject company	79094
at the time of admission or subsequent thereto.	79095

~~(L)~~(O) "Insurer" means any person who has done, purports to	79096
do, is doing, or is licensed to do an insurance business, and is	79097
or has been subject to the authority of, or to liquidation,	79098
rehabilitation, reorganization, supervision, or conservation by,	79099
any insurance commissioner, superintendent, or equivalent	79100
official. For purposes of sections 3903.01 to 3903.59 of the	79101
Revised Code, any other persons included under section 3903.03 of	79102
the Revised Code are deemed to be insurers.	79103

~~(M)~~(P) "Netting agreement" means:

79104

(1) A contract or agreement, including a master agreement,	79105
and any terms and conditions incorporated by reference in such a	79106
contract or agreement, that provides for the netting, liquidation,	79107
setoff, termination, acceleration, or close out under or in	79108
connection with a qualified financial contract, or any present or	79109
future payment or delivery obligations or entitlements under a	79110
qualified financial contract, including liquidation or close-out	79111
values relating to those obligations or entitlements;	79112

(2) A master agreement, together with all schedules,	79113
confirmations, definitions, and addenda to the agreement and	79114
transactions under the agreement, which shall be treated as one	79115
netting agreement, and any bridge agreement for one or more master	79116
agreements;	79117

(3) Any security agreement or arrangement, credit support	79118
document, or guarantee or reimbursement obligation related to any	79119
contract or agreement described in division (P) of this section.	79120

Any contract or agreement described in division (P) of this	79121
section relating to agreements or transactions that are not	79122
qualified financial contracts shall be deemed to be a netting	79123
agreement only with respect to those agreements or transactions	79124
that are qualified financial contracts.	79125

(Q) "Preferred claim" means any claim with respect to which	79126
the terms of sections 3903.01 to 3903.59 of the Revised Code	79127
accord priority of payment from the assets of the insurer.	79128

~~(N)~~(R) "Qualified financial contract" means any commodity	79129
contract, forward contract, repurchase agreement, securities	79130
contract, swap agreement, and any similar agreement that the	79131
superintendent may determine by rule or order to be a qualified	79132
financial contract for purposes of this chapter.	79133

(S) "Reciprocal state" means any state other than this state	79134
in which in substance and effect division (A) of section 3903.18,	79135
and sections 3903.52, 3903.53, and 3903.55 to 3903.57 of the	79136
Revised Code are in force, in which provisions are in force	79137
requiring that the superintendent or equivalent official be the	79138
receiver, liquidator, rehabilitator, or conservator of a	79139
delinquent insurer, and in which some provision exists for the	79140
avoidance of fraudulent conveyances and preferential transfers.	79141

~~(O)~~(T) "Repurchase agreement" has the same meaning as in the	79142
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C.	79143
1821(e)(8)(D), as now and hereafter amended.	79144

(U) "Secured claim" means any claim secured by mortgage,	79145
trust deed, security agreement, pledge, deposit as security,	79146
escrow, or otherwise, but not including special deposit claims or	79147
claims against assets. The term also includes claims which have	79148
become liens upon specific assets by reason of judicial process.	79149

~~(P)~~(V) "Securities contract" has the same meaning as in the	79150
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C.	79151
1821(e)(8)(D), as now and hereafter amended.	79152

(W) "Special deposit claim" means any claim secured by a	79153
deposit made pursuant to statute for the security or benefit of a	79154
limited class or classes of persons, but not including any claim	79155
secured by assets.	79156

~~(Q)~~(X) "State" has the meaning set forth in division (G) of	79157
section 1.59 of the Revised Code.	79158

~~(R)~~(Y) "Superintendent" or "superintendent of insurance"	79159
means the superintendent of insurance of this state, or, when the	79160
context requires, the superintendent or commissioner of insurance,	79161
or equivalent official, of another state.	79162

~~(S)~~(Z) "Swap agreement" has the same meaning as in the	79163
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C.	79164
1821(e)(8)(D), as now and hereafter amended.	79165

(AA) "Transfer" includes the sale and every other and	79166
different mode, direct or indirect, of disposing of or of parting	79167
with property or with an interest in property, or with the	79168
possession of property or of fixing a lien upon property or upon	79169
an interest in property, absolutely or conditionally, voluntarily,	79170
or by or without judicial proceedings. The retention of a security	79171
title to property delivered to a debtor shall be deemed a transfer	79172
suffered by the debtor.	79173

Sec. 3903.301. (A) Notwithstanding any other provision under	79174
sections 3903.01 to 3903.59 of the Revised Code, no person shall	79175
be stayed or prohibited from exercising any of the following	79176
rights:	79177

(1) A contractual right to cause the termination,	79178
liquidation, acceleration, or close out of obligations under, or	79179
in connection with, a netting agreement or qualified financial	79180
contract with an insurer because of either of the following:	79181

(a) The insolvency, financial condition, or default of the	79182
insurer at any time;	79183

(b) The commencement of a formal delinquency proceeding under	79184
sections 3903.01 to 3903.59 of the Revised Code.	79185

(2) Any right under a pledge, security, collateral,	79186
reimbursement, or guarantee agreement or arrangement or any	79187
similar security arrangement or credit enhancement relating to a	79188
netting agreement or qualified financial contract;	79189

(3) Subject to section 3903.30 of the Revised Code, any right	79190
to set off or net out any termination value, payment amount, or	79191
other transfer obligation arising under or in connection with a	79192
qualified financial contract in which the counterparty or its	79193
guarantor is organized under the laws of the United States, a	79194
state, or a foreign jurisdiction that the securities valuation	79195
office of the national association of insurance commissioners	79196
approves as eligible for netting.	79197

(B) If a counterparty to a netting agreement or qualified	79198
financial contract with an insurer that is subject to a proceeding	79199
under sections 3903.01 to 3903.59 of the Revised Code terminates,	79200
liquidates, accelerates, or closes out the agreement or contract,	79201
damages shall be measured as of the date or dates of the	79202
termination, liquidation, acceleration, or close out. The amount	79203
of a claim for damages shall be actual direct compensatory	79204
damages.	79205

(C) Upon termination of a netting agreement or qualified	79206
financial contract, any net or settlement amount that a	79207
nondefaulting party owes to an insurer against which an	79208
application or petition has been filed under sections 3903.01 to	79209
3903.59 of the Revised Code shall be transferred to, or on the	79210
order of, the receiver for the insurer.	79211

This division applies regardless of whether the insurer is	79212
the defaulting party and applies notwithstanding any walkaway	79213
clause in the netting agreement or qualified financial contract.	79214

For purposes of this division, a limited two-way payment or	79215
first method provision in a netting agreement or qualified	79216
financial contract with a defaulting insurer shall be deemed to be	79217
a full two-way payment or second method provision as against the	79218
defaulting insurer.	79219

Any property or amount transferred under this division shall	79220
be a general asset of the insurer except to the extent it is	79221
subject to a secondary lien or encumbrance, or to rights of	79222
netting or setoff.	79223

(D) In transferring a netting agreement or qualified	79224
financial contract of an insurer that is subject to a proceeding	79225
under sections 3903.01 to 3903.59 of the Revised Code, the	79226
receiver shall do either of the following:	79227

(1) Transfer to one party, other than an insurer subject to a	79228
proceeding under sections 3903.01 to 3903.59 of the Revised Code,	79229
all netting agreements and qualified financial contracts between a	79230
counterparty, or any affiliate of the counterparty, and the	79231
insurer that is the subject of the proceeding. The transfer shall	79232
include all rights and obligations of each party under each	79233
netting agreement and qualified financial contract, and all	79234
property, including any guarantees or other credit enhancement,	79235
securing any claims of the parties under each agreement or	79236
contract.	79237

(2) Transfer none of the netting agreements or qualified	79238
financial contracts, including the rights, obligations, and	79239
property associated with those agreements and contracts as	79240
described in division (D)(1) of this section, with respect to the	79241
counterparty and any affiliate of the counterparty.	79242

(E) If a receiver transfers a netting agreement or qualified	79243
financial contract, the receiver shall use its best efforts to	79244
notify any person who is a party to the transferred agreement or	79245
contract of the transfer by noon, of the receiver's local time, on	79246
the business day following the transfer.	79247

(F)(1) Notwithstanding any other provision of sections	79248
3903.01 to 3903.59 of the Revised Code and except as otherwise	79249
provided in division (F)(2) of this section, a receiver shall not	79250
avoid a transfer of money or other property that is made before	79251
the commencement of a formal delinquency proceeding under sections	79252
3903.01 to 3903.59 of the Revised Code and that arises under or in	79253
connection with either of the following:	79254

(a) A netting agreement or qualified financial contract;

79255

(b) Any pledge, security, collateral, or guarantee agreement	79256
or other similar security arrangement or credit support document	79257
relating to a netting agreement or qualified financial contract.	79258

(2) A receiver may avoid a transfer under sections 3903.26 to	79259
3903.28 of the Revised Code if the transfer was made with actual	79260
intent to hinder, delay, or defraud the insurer, a receiver	79261
appointed for the insurer, or existing or future creditors.	79262

(G)(1) In exercising any right of disaffirmance or	79263
repudiation with respect to a netting agreement or qualified	79264
financial contract to which an insurer is a party, the receiver	79265
for the insurer shall do either of the following:	79266

(a) Disaffirm or repudiate all netting agreements and	79267
qualified financial contracts between the insurer and a	79268
counterparty or any affiliate of the counterparty;	79269

(b) Disaffirm or repudiate none of those netting agreements	79270
or qualified financial contracts with respect to the counterparty	79271
or any affiliate of the counterparty.	79272

(2) Notwithstanding any other provision of sections 3903.01	79273
to 3903.59 of the Revised Code, if a counterparty's claim against	79274
the estate of the insurer arising from the receiver's	79275
disaffirmance or repudiation of a netting agreement or qualified	79276
financial contract has not been previously affirmed in the	79277
liquidation or immediately preceding conservation or	79278
rehabilitation case, that claim shall be considered as if it had	79279
arisen before the filing date of the petition for liquidation. If	79280
a conservation or rehabilitation proceeding is converted to a	79281
liquidation proceeding, that claim shall be considered as if it	79282
had arisen before the filing date of the petition for conservation	79283
or rehabilitation. The amount of the claim shall be the actual	79284
direct compensatory damages determined as of the date of the	79285
disaffirmance or repudiation.	79286

(H) All rights of a counterparty under sections 3903.01 to	79287
3903.59 of the Revised Code shall apply to netting agreements and	79288
qualified financial contracts entered into on behalf of the	79289
general account or separate accounts if the assets of each	79290
separate account are available only to counterparties to netting	79291
agreements and qualified financial contracts entered into on	79292
behalf of that separate account.	79293

(I) This section shall not apply to the affiliates of an	79294
insurer that is the subject of a formal delinquency proceeding	79295
under sections 3903.01 to 3903.59 of the Revised Code.	79296

(J) As used in this section:

79297

(1) "Actual direct compensatory damages" includes normal and	79298
reasonable costs of cover or other reasonable measures of damages	79299
utilized in the derivatives, securities, or other market for the	79300
contract and agreement claims. "Actual direct compensatory	79301
damages" does not include punitive or exemplary damages, damages	79302
for lost profit or lost opportunity, or damages for pain and	79303
suffering.	79304

(2) "Business day" means any day, excluding Saturday, Sunday,	79305
and any day on which the New York stock exchange or the federal	79306
reserve bank of New York is closed.	79307

(3) "Contractual right" includes any of the following:

79308

(a) Any right set forth in a rule or bylaw of a derivatives	79309
clearing organization, as defined in the "Commodity Exchange Act,"	79310
7 U.S.C. 1a(9)(A), as amended; a multilateral clearing	79311
organization; a national securities exchange; a national	79312
securities association; a securities clearing agency; a contract	79313
market designated under the "Commodity Exchange Act," 7 U.S.C. 1	79314
et seq., as amended; a derivatives transaction execution facility,	79315
including a swap execution facility, registered under the	79316
"Commodity Exchange Act," 7 U.S.C. 1 et seq., as amended; a	79317
security-based swap execution facility registered under the	79318
"Securities Exchange Act of 1934," 15 U.S.C. 78a et seq., as	79319
amended; or a board of trade, as defined in the "Commodity	79320
Exchange Act," 7 U.S.C. 1a(2);	79321

(b) Any right set forth in a resolution of the governing	79322
board of any entity listed in division (J)(3)(a) of this section;	79323

(c) Any right, regardless of whether evidenced in writing,	79324
arising under statutory law, common law, or law merchant, or by	79325
reason of normal business practice.	79326

(4) "Receiver" means a receiver, conservator, rehabilitator,	79327
or liquidator, as applicable.	79328

(5) "Walkaway clause" means a provision under which a party	79329
to a netting agreement or qualified financial contract that, after	79330
calculation of a value of a party's position or an amount due to	79331
or from one of the parties in accordance with its terms upon	79332
termination, liquidation, or acceleration of the netting agreement	79333
or qualified financial contract is not obligated to pay or does	79334
not have a payment obligation extinguished under the agreement or	79335
contract, in whole or in part, solely because the party is a	79336
nondefaulting party.	79337

Sec. 3923.28. (A) Every policy of group sickness and	79338
accident insurance providing hospital, surgical, or medical	79339
expense coverage for other than specific diseases or accidents	79340
only, and delivered, issued for delivery, or renewed in this state	79341
on or after January 1, 1979, and that provides coverage for mental	79342
or emotional disorders, shall provide benefits for services on an	79343
outpatient basis for each eligible person under the policy who	79344
resides in this state for mental or emotional disorders, or for	79345
evaluations, that are at least equal to five hundred fifty dollars	79346
in any calendar year or twelve-month period. The services shall be	79347
legally performed by or under the clinical supervision of a	79348
physician authorized under Chapter 4731. of the Revised Code to	79349
practice medicine and surgery or osteopathic medicine and surgery;	79350
a psychologist licensed under Chapter 4732. of the Revised Code; a	79351
professional clinical counselor, professional counselor, or	79352
independent social worker licensed under Chapter 4757. of the	79353
Revised Code; or a clinical nurse specialist licensed under	79354
Chapter 4723. of the Revised Code whose nursing specialty is	79355
mental health, whether performed in an office, in a hospital, or	79356
in a community mental health facility so long as the hospital or	79357
community mental health facility is approved by the joint	79358
commission on accreditation of healthcare organizations, the	79359
council on accreditation for children and family services, or the	79360
rehabilitation accreditation commission~~, or, until two years after~~	79361
~~June 6, 2001, certified by the department of mental health as~~	79362
~~being in compliance with standards established under division (H)~~	79363
~~of section 5119.01 of the Revised Code~~.	79364

(B) Outpatient benefits offered under division (A) of this	79365
section shall be subject to reasonable contract limitations and	79366
may be subject to reasonable deductibles and co-insurance costs.	79367
Persons entitled to such benefit under more than one service or	79368
insurance contract may be limited to a single	79369
five-hundred-fifty-dollar outpatient benefit for services under	79370
all contracts.	79371

(C) In order to qualify for participation under division (A)	79372
of this section, every facility specified in such division shall	79373
have in effect a plan for utilization review and a plan for peer	79374
review and every person specified in such division shall have in	79375
effect a plan for peer review. Such plans shall have the purpose	79376
of ensuring high quality patient care and effective and efficient	79377
utilization of available health facilities and services.	79378

(D) Nothing in this section shall be construed to require an	79379
insurer to pay benefits which are greater than usual, customary,	79380
and reasonable.	79381

(E)(1) Services performed under the clinical supervision of a	79382
health care professional identified in division (A) of this	79383
section, in order to be reimbursable under the coverage required	79384
in division (A) of this section, shall meet both of the following	79385
requirements:	79386

(a) The services shall be performed in accordance with a	79387
treatment plan that describes the expected duration, frequency,	79388
and type of services to be performed;	79389

(b) The plan shall be reviewed and approved by the health	79390
care professional every three months.	79391

(2) Payment of benefits for services reimbursable under	79392
division (E)(1) of this section shall not be restricted to	79393
services described in the treatment plan or conditioned upon	79394
standards of clinical supervision that are more restrictive than	79395
standards of a health care professional described in division (A)	79396
of this section, which at least equal the requirements of division	79397
(E)(1) of this section.	79398

(F) The benefits provided by this section for mental and	79399
emotional disorders shall not be reduced by the cost of benefits	79400
provided pursuant to section 3923.281 of the Revised Code for	79401
diagnostic and treatment services for biologically based mental	79402
illnesses. This section does not apply to benefits for diagnostic	79403
and treatment services for biologically based mental illnesses.	79404

Sec. 3923.281. (A) As used in this section:

79405

(1) "Biologically based mental illness" means schizophrenia,	79406
schizoaffective disorder, major depressive disorder, bipolar	79407
disorder, paranoia and other psychotic disorders,	79408
obsessive-compulsive disorder, and panic disorder, as these terms	79409
are defined in the most recent edition of the diagnostic and	79410
statistical manual of mental disorders published by the American	79411
psychiatric association.	79412

(2) "Policy of sickness and accident insurance" has the same	79413
meaning as in section 3923.01 of the Revised Code, but excludes	79414
any hospital indemnity, medicare supplement, long-term care,	79415
disability income, one-time-limited-duration policy of not longer	79416
than six months, supplemental benefit, or other policy that	79417
provides coverage for specific diseases or accidents only; any	79418
policy that provides coverage for workers' compensation claims	79419
compensable pursuant to Chapters 4121. and 4123. of the Revised	79420
Code; and any policy that provides coverage to beneficiaries	79421
enrolled in Title XIX of the "Social Security Act," 49 Stat. 620	79422
(1935), 42 U.S.C.A. 301, as amended, known as the medical	79423
assistance program or medicaid, as provided by the Ohio department	79424
of job and family services under Chapter 5111. of the Revised	79425
Code~~; and any policy that provides coverage to beneficiaries~~	79426
~~enrolled in the children's buy-in program established under~~	79427
~~sections 5101.5211 to 5101.5216 of the Revised Code~~.	79428

(B) Notwithstanding section 3901.71 of the Revised Code, and	79429
subject to division (E) of this section, every policy of sickness	79430
and accident insurance shall provide benefits for the diagnosis	79431
and treatment of biologically based mental illnesses on the same	79432
terms and conditions as, and shall provide benefits no less	79433
extensive than, those provided under the policy of sickness and	79434
accident insurance for the treatment and diagnosis of all other	79435
physical diseases and disorders, if both of the following apply:	79436

(1) The biologically based mental illness is clinically	79437
diagnosed by a physician authorized under Chapter 4731. of the	79438
Revised Code to practice medicine and surgery or osteopathic	79439
medicine and surgery; a psychologist licensed under Chapter 4732.	79440
of the Revised Code; a professional clinical counselor,	79441
professional counselor, or independent social worker licensed	79442
under Chapter 4757. of the Revised Code; or a clinical nurse	79443
specialist licensed under Chapter 4723. of the Revised Code whose	79444
nursing specialty is mental health.	79445

(2) The prescribed treatment is not experimental or	79446
investigational, having proven its clinical effectiveness in	79447
accordance with generally accepted medical standards.	79448

(C) Division (B) of this section applies to all coverages and	79449
terms and conditions of the policy of sickness and accident	79450
insurance, including, but not limited to, coverage of inpatient	79451
hospital services, outpatient services, and medication; maximum	79452
lifetime benefits; copayments; and individual and family	79453
deductibles.	79454

(D) Nothing in this section shall be construed as prohibiting	79455
a sickness and accident insurance company from taking any of the	79456
following actions:	79457

(1) Negotiating separately with mental health care providers	79458
with regard to reimbursement rates and the delivery of health care	79459
services;	79460

(2) Offering policies that provide benefits solely for the	79461
diagnosis and treatment of biologically based mental illnesses;	79462

(3) Managing the provision of benefits for the diagnosis or	79463
treatment of biologically based mental illnesses through the use	79464
of pre-admission screening, by requiring beneficiaries to obtain	79465
authorization prior to treatment, or through the use of any other	79466
mechanism designed to limit coverage to that treatment determined	79467
to be necessary;	79468

(4) Enforcing the terms and conditions of a policy of	79469
sickness and accident insurance.	79470

(E) An insurer that offers any policy of sickness and	79471
accident insurance is not required to provide benefits for the	79472
diagnosis and treatment of biologically based mental illnesses	79473
pursuant to division (B) of this section if all of the following	79474
apply:	79475

(1) The insurer submits documentation certified by an	79476
independent member of the American academy of actuaries to the	79477
superintendent of insurance showing that incurred claims for	79478
diagnostic and treatment services for biologically based mental	79479
illnesses for a period of at least six months independently caused	79480
the insurer's costs for claims and administrative expenses for the	79481
coverage of all other physical diseases and disorders to increase	79482
by more than one per cent per year.	79483

(2) The insurer submits a signed letter from an independent	79484
member of the American academy of actuaries to the superintendent	79485
of insurance opining that the increase described in division	79486
(E)(1) of this section could reasonably justify an increase of	79487
more than one per cent in the annual premiums or rates charged by	79488
the insurer for the coverage of all other physical diseases and	79489
disorders.	79490

(3) The superintendent of insurance makes the following	79491
determinations from the documentation and opinion submitted	79492
pursuant to divisions (E)(1) and (2) of this section:	79493

(a) Incurred claims for diagnostic and treatment services for	79494
biologically based mental illnesses for a period of at least six	79495
months independently caused the insurer's costs for claims and	79496
administrative expenses for the coverage of all other physical	79497
diseases and disorders to increase by more than one per cent per	79498
year.	79499

(b) The increase in costs reasonably justifies an increase of	79500
more than one per cent in the annual premiums or rates charged by	79501
the insurer for the coverage of all other physical diseases and	79502
disorders.	79503

Any determination made by the superintendent under this	79504
division is subject to Chapter 119. of the Revised Code.	79505

Sec. 3923.30. Every person, the state and any of its	79506
instrumentalities, any county, township, school district, or other	79507
political subdivisions and any of its instrumentalities, and any	79508
municipal corporation and any of its instrumentalities, which	79509
provides payment for health care benefits for any of its employees	79510
resident in this state, which benefits are not provided by	79511
contract with an insurer qualified to provide sickness and	79512
accident insurance, or a health insuring corporation, shall	79513
include the following benefits in its plan of health care benefits	79514
commencing on or after January 1, 1979:	79515

(A) If such plan of health care benefits provides payment for	79516
the treatment of mental or nervous disorders, then such plan shall	79517
provide benefits for services on an outpatient basis for each	79518
eligible employee and dependent for mental or emotional disorders,	79519
or for evaluations, that are at least equal to the following:	79520

(1) Payments not less than five hundred fifty dollars in a	79521
twelve-month period, for services legally performed by or under	79522
the clinical supervision of a physician authorized under Chapter	79523
4731. of the Revised Code to practice medicine and surgery or	79524
osteopathic medicine and surgery; a psychologist licensed under	79525
Chapter 4732. of the Revised Code; a professional clinical	79526
counselor, professional counselor, or independent social worker	79527
licensed under Chapter 4757. of the Revised Code; or a clinical	79528
nurse specialist licensed under Chapter 4723. of the Revised Code	79529
whose nursing specialty is mental health, whether performed in an	79530
office, in a hospital, or in a community mental health facility so	79531
long as the hospital or community mental health facility is	79532
approved by the joint commission on accreditation of healthcare	79533
organizations, the council on accreditation for children and	79534
family services, or the rehabilitation accreditation commission,	79535
~~or, until two years after June 6, 2001, certified by the~~	79536
~~department of mental health as being in compliance with standards~~	79537
~~established under division (H) of section 5119.01 of the Revised~~	79538
~~Code~~;	79539

(2) Such benefit shall be subject to reasonable limitations,	79540
and may be subject to reasonable deductibles and co-insurance	79541
costs.	79542

(3) In order to qualify for participation under this	79543
division, every facility specified in this division shall have in	79544
effect a plan for utilization review and a plan for peer review	79545
and every person specified in this division shall have in effect a	79546
plan for peer review. Such plans shall have the purpose of	79547
ensuring high quality patient care and effective and efficient	79548
utilization of available health facilities and services.	79549

(4) Such payment for benefits shall not be greater than	79550
usual, customary, and reasonable.	79551

(5)(a) Services performed by or under the clinical	79552
supervision of a health care professional identified in division	79553
(A)(1) of this section, in order to be reimbursable under the	79554
coverage required in division (A) of this section, shall meet both	79555
of the following requirements:	79556

(i) The services shall be performed in accordance with a	79557
treatment plan that describes the expected duration, frequency,	79558
and type of services to be performed;	79559

(ii) The plan shall be reviewed and approved by the health	79560
care professional every three months.	79561

(b) Payment of benefits for services reimbursable under	79562
division (A)(5)(a) of the section shall not be restricted to	79563
services described in the treatment plan or conditioned upon	79564
standards of a licensed physician or licensed psychologist, which	79565
at least equal the requirements of division (A)(5)(a) of this	79566
section.	79567

(B) Payment for benefits for alcoholism treatment for	79568
outpatient, inpatient, and intermediate primary care for each	79569
eligible employee and dependent that are at least equal to the	79570
following:	79571

(1) Payments not less than five hundred fifty dollars in a	79572
twelve-month period for services legally performed by or under the	79573
clinical supervision of a health care professional identified in	79574
division (A)(1) of this section, whether performed in an office,	79575
or in a hospital or a community mental health facility or	79576
alcoholism treatment facility so long as the hospital, community	79577
mental health facility, or alcoholism treatment facility is	79578
approved by the joint commission on accreditation of hospitals or	79579
certified by the department of health;	79580

(2) The benefits provided under this division shall be	79581
subject to reasonable limitations and may be subject to reasonable	79582
deductibles and co-insurance costs.	79583

(3) A health care professional shall every three months	79584
certify a patient's need for continued services performed by such	79585
facilities.	79586

(4) In order to qualify for participation under this	79587
division, every facility specified in this division shall have in	79588
effect a plan for utilization review and a plan for peer review	79589
and every person specified in this division shall have in effect a	79590
plan for peer review. Such plans shall have the purpose of	79591
ensuring high quality patient care and efficient utilization of	79592
available health facilities and services. Such person or	79593
facilities shall also have in effect a program of rehabilitation	79594
or a program of rehabilitation and detoxification.	79595

(5) Nothing in this section shall be construed to require	79596
reimbursement for benefits which is greater than usual, customary,	79597
and reasonable.	79598

(C) The benefits provided by division (A) of this section for	79599
mental and emotional disorders shall not be reduced by the cost of	79600
benefits provided pursuant to section 3923.282 of the Revised Code	79601
for diagnostic and treatment services for biologically based	79602
mental illness. This section does not apply to benefits for	79603
diagnostic and treatment services for biologically based mental	79604
illnesses.	79605

Sec. 3924.10. (A) The board of directors of the Ohio health	79606
reinsurance program may make recommendations to the superintendent	79607
of insurance, and the superintendent may adopt or amend by rule	79608
adopted in accordance with Chapter 119. of the Revised Code, the	79609
OHC basic, standard, and carrier reimbursement plans which, when	79610
offered by a carrier, are eligible for reinsurance under the	79611
program. The superintendent shall establish the form and level of	79612
coverage to be made available by carriers in their OHC plans. The	79613
plans shall include benefit levels, deductibles, coinsurance	79614
factors, exclusions, and limitations for the plans. The forms and	79615
levels of coverage shall specify which components of health	79616
benefit plans offered by a carrier may be reinsured. The OHC plans	79617
are subject to division (C) of section 3924.02 of the Revised Code	79618
and to the provisions in Chapters 1751., 1753., 3923., and any	79619
other chapter of the Revised Code that require coverage or the	79620
offer of coverage of a health care service or benefit.	79621

(B) Prior to adopting any rule that makes changes to the OHC	79622
basic or standard plan, the superintendent shall conduct an	79623
actuarial analysis of the cost impact of the proposed rule. ~~The~~	79624
~~superintendent may consider recommendations of the Ohio health~~	79625
~~care coverage and quality council established under section~~	79626
~~3923.90 of the Revised Code.~~ The plans may include cost	79627
containment features including any of the following:	79628

(1) Utilization review of health care services, including	79629
review of the medical necessity of hospital and physician	79630
services;	79631

(2) Case management benefit alternatives;

79632

(3) Selective contracting with hospitals, physicians, and	79633
other health care providers;	79634

(4) Reasonable benefit differentials applicable to	79635
participating and nonparticipating providers;	79636

(5) Employee assistance program options that provide	79637
preventive and early intervention mental health and substance	79638
abuse services;	79639

(6) Other provisions for the cost-effective management of the	79640
plans.	79641

(C) OHC plans established for use by health insuring	79642
corporations shall be consistent with the basic method of	79643
operation of such corporations.	79644

(D) Each carrier shall certify to the superintendent of	79645
insurance, in the form and manner prescribed by the	79646
superintendent, that the OHC plans filed by the carrier are in	79647
substantial compliance with the provisions of the OHC plans	79648
designed or adopted under this section. Upon receipt by the	79649
superintendent of the certification, the carrier may use the	79650
certified plans.	79651

(E) Each carrier shall, on and after sixty days after the	79652
date that the program becomes operational and as a condition of	79653
transacting business in this state, renew coverage provided to any	79654
individual or group under its OHC plans.	79655

(F) The OHC plans in effect as of June 1, 2009, shall remain	79656
in effect until those plans are amended or new plans are adopted	79657
in accordance with this section.	79658

Sec. 3937.41. (A) As used in this section:

79659

(1) "Ambulance" has the same meaning as in section 4765.01 of	79660
the Revised Code and also includes private ambulance companies	79661
under contract to a municipal corporation, township, or county.	79662

(2) "Emergency vehicle" means any of the following:

79663

(a) Any vehicle, as defined in section 4511.01 of the Revised	79664
Code, that is an emergency vehicle of a municipal, township, or	79665
county department or public utility corporation and that is	79666
identified as such as required by law, the director of public	79667
safety, or local authorities;	79668

(b) Any motor vehicle, as defined in section 4511.01 of the	79669
Revised Code, when commandeered by a police officer;	79670

(c) Any vehicle, as defined in section 4511.01 of the Revised	79671
Code, that is an emergency vehicle of a qualified nonprofit	79672
corporation police department established pursuant to section	79673
1702.80 of the Revised Code and that is identified as an emergency	79674
vehicle;	79675

(d) Any vehicle, as defined in section 4511.01 of the Revised	79676
Code, that is an emergency vehicle of a proprietary police	79677
department or security department of a hospital operated by a	79678
public hospital agency or a nonprofit hospital agency that employs	79679
police officers under section 4973.17 of the Revised Code, and	79680
that is identified as an emergency vehicle.	79681

(3) "Firefighter" means any regular, paid, member of a	79682
lawfully constituted fire department of a municipal corporation or	79683
township.	79684

(4) "Law enforcement officer" means any of the following:

79685

(a) A sheriff, deputy sheriff, constable, marshal, deputy	79686
marshal, municipal police officer, police officer of a township or	79687
joint ~~township~~ police district, state highway patrol trooper, or	79688
member of a police force employed by a metropolitan housing	79689
authority under division (D) of section 3735.31 of the Revised	79690
Code;	79691

(b) A police officer employed by a qualified nonprofit police	79692
department pursuant to section 1702.80 of the Revised Code, or	79693
police officer employed by a proprietary police department or	79694
security department of a hospital operated by a public hospital	79695
agency or nonprofit hospital agency pursuant to section 4973.17 of	79696
the Revised Code;	79697

(c) An officer, agent, or employee of the state or any of its	79698
agencies, instrumentalities, or political subdivisions, upon whom,	79699
by statute, a duty to conserve the peace or to enforce all or	79700
certain laws is imposed and the authority to arrest violators is	79701
conferred, within the limits of that statutory duty and authority;	79702

(d) A veterans' home police officer appointed under section	79703
5907.02 of the Revised Code;	79704

(e) A member of a police force employed by a regional transit	79705
authority under division (Y) of section 306.35 of the Revised	79706
Code.	79707

(5) "Motor vehicle accident" means any accident involving a	79708
motor vehicle which results in bodily injury to any person, or	79709
damage to the property of any person.	79710

(6) "Investigator" means an investigator of the bureau of	79711
criminal identification and investigation as defined in section	79712
2903.11 of the Revised Code.	79713

(B) No insurer shall consider the circumstance that an	79714
applicant or policyholder has been involved in a motor vehicle	79715
accident while in the pursuit of the applicant's or policyholder's	79716
official duties as a law enforcement officer, firefighter,	79717
investigator, or operator of an emergency vehicle or ambulance,	79718
while operating a vehicle engaged in mowing or snow and ice	79719
removal as a county, township, or department of transportation	79720
employee, or while operating a vehicle while engaged in the	79721
pursuit of the applicant's or policyholder's official duties as a	79722
member of the motor carrier enforcement unit of the state highway	79723
patrol under section 5503.34 of the Revised Code, as a basis for	79724
doing either of the following:	79725

(1) Refusing to issue or deliver a policy of insurance upon a	79726
private automobile, or increasing the rate to be charged for such	79727
a policy;	79728

(2) Increasing the premium rate, canceling, or failing to	79729
renew an existing policy of insurance upon a private automobile.	79730

(C) Any applicant or policyholder affected by an action of an	79731
insurer in violation of this section may appeal to the	79732
superintendent of insurance. After a hearing held upon not less	79733
than ten days' notice to the applicant or policyholder and to the	79734
insurer and if the superintendent determines that the insurer has	79735
violated this section, the superintendent may direct the issuance	79736
of a policy, decrease the premium rate on a policy, or reinstate	79737
insurance coverage.	79738

(D) The employer of the law enforcement officer, firefighter,	79739
investigator, or operator of an emergency vehicle or ambulance,	79740
operator of a vehicle engaged in mowing or snow and ice removal,	79741
or operator of a vehicle who is a member of the motor carrier	79742
enforcement unit, except as otherwise provided in division (F) of	79743
this section, shall certify to the state highway patrol or law	79744
enforcement agency that investigates the accident whether the	79745
officer, firefighter, investigator, or operator of an emergency	79746
vehicle or ambulance, operator of a vehicle engaged in mowing or	79747
snow and ice removal, or operator of a vehicle who is a member of	79748
the motor carrier enforcement unit, was engaged in the performance	79749
of the person's official duties as such employee at the time of	79750
the accident. The employer shall designate an official authorized	79751
to make the certifications. The state highway patrol or law	79752
enforcement agency shall include the certification in any report	79753
of the accident forwarded to the department of public safety	79754
pursuant to sections 5502.11 and 5502.12 of the Revised Code and	79755
shall forward the certification to the department if received	79756
after the report of the accident has been forwarded to the	79757
department. The registrar of motor vehicles shall not include an	79758
accident in a certified abstract of information under division (A)	79759
of section 4509.05 of the Revised Code, if the person involved has	79760
been so certified as having been engaged in the performance of the	79761
person's official duties at the time of the accident.	79762

(E) Division (B) of this section does not apply to an insurer	79763
whose policy covers the motor vehicle at the time the motor	79764
vehicle is involved in an accident described in division (B) of	79765
this section.	79766

(F) Division (B) of this section does not apply if an	79767
applicant or policyholder, on the basis of the applicant's or	79768
policyholder's involvement in an accident described in that	79769
division, is convicted of or pleads guilty or no contest to a	79770
violation of section 4511.19 of the Revised Code or a municipal	79771
OVI ordinance as defined in section 4511.181 of the Revised Code.	79772

Sec. 3963.01. As used in this chapter:

79773

(A) "Affiliate" means any person or entity that has ownership	79774
or control of a contracting entity, is owned or controlled by a	79775
contracting entity, or is under common ownership or control with a	79776
contracting entity.	79777

(B) "Basic health care services" has the same meaning as in	79778
division (A) of section 1751.01 of the Revised Code, except that	79779
it does not include any services listed in that division that are	79780
provided by a pharmacist or nursing home.	79781

(C) "Contracting entity" means any person that has a primary	79782
business purpose of contracting with participating providers for	79783
the delivery of health care services.	79784

(D) "Credentialing" means the process of assessing and	79785
validating the qualifications of a provider applying to be	79786
approved by a contracting entity to provide basic health care	79787
services, specialty health care services, or supplemental health	79788
care services to enrollees.	79789

(E) "Edit" means adjusting one or more procedure codes billed	79790
by a participating provider on a claim for payment or a practice	79791
that results in any of the following:	79792

(1) Payment for some, but not all of the procedure codes	79793
originally billed by a participating provider;	79794

(2) Payment for a different procedure code than the procedure	79795
code originally billed by a participating provider;	79796

(3) A reduced payment as a result of services provided to an	79797
enrollee that are claimed under more than one procedure code on	79798
the same service date.	79799

(F) "Electronic claims transport" means to accept and	79800
digitize claims or to accept claims already digitized, to place	79801
those claims into a format that complies with the electronic	79802
transaction standards issued by the United States department of	79803
health and human services pursuant to the "Health Insurance	79804
Portability and Accountability Act of 1996," 110 Stat. 1955, 42	79805
U.S.C. 1320d, et seq., as those electronic standards are	79806
applicable to the parties and as those electronic standards are	79807
updated from time to time, and to electronically transmit those	79808
claims to the appropriate contracting entity, payer, or	79809
third-party administrator.	79810

(G) "Enrollee" means any person eligible for health care	79811
benefits under a health benefit plan, including an eligible	79812
recipient of medicaid under Chapter 5111. of the Revised Code, and	79813
includes all of the following terms:	79814

(1) "Enrollee" and "subscriber" as defined by section 1751.01	79815
of the Revised Code;	79816

(2) "Member" as defined by section 1739.01 of the Revised	79817
Code;	79818

(3) "Insured" and "plan member" pursuant to Chapter 3923. of	79819
the Revised Code;	79820

(4) "Beneficiary" as defined by section 3901.38 of the	79821
Revised Code.	79822

(H) "Health care contract" means a contract entered into,	79823
materially amended, or renewed between a contracting entity and a	79824
participating provider for the delivery of basic health care	79825
services, specialty health care services, or supplemental health	79826
care services to enrollees.	79827

(I) "Health care services" means basic health care services,	79828
specialty health care services, and supplemental health care	79829
services.	79830

(J) "Material amendment" means an amendment to a health care	79831
contract that decreases the participating provider's payment or	79832
compensation, changes the administrative procedures in a way that	79833
may reasonably be expected to significantly increase the	79834
provider's administrative expenses, or adds a new product. A	79835
material amendment does not include any of the following:	79836

(1) A decrease in payment or compensation resulting solely	79837
from a change in a published fee schedule upon which the payment	79838
or compensation is based and the date of applicability is clearly	79839
identified in the contract;	79840

(2) A decrease in payment or compensation that was	79841
anticipated under the terms of the contract, if the amount and	79842
date of applicability of the decrease is clearly identified in the	79843
contract;	79844

(3) An administrative change that may significantly increase	79845
the provider's administrative expense, the specific applicability	79846
of which is clearly identified in the contract;	79847

(4) Changes to an existing prior authorization,	79848
precertification, notification, or referral program that do not	79849
substantially increase the provider's administrative expense;	79850

(5) Changes to an edit program or to specific edits if the	79851
participating provider is provided notice of the changes pursuant	79852
to division (A)(1) of section 3963.04 of the Revised Code and the	79853
notice includes information sufficient for the provider to	79854
determine the effect of the change;	79855

(6) Changes to a health care contract described in division	79856
(B) of section 3963.04 of the Revised Code.	79857

(K) "Participating provider" means a provider that has a	79858
health care contract with a contracting entity and is entitled to	79859
reimbursement for health care services rendered to an enrollee	79860
under the health care contract.	79861

(L) "Payer" means any person that assumes the financial risk	79862
for the payment of claims under a health care contract or the	79863
reimbursement for health care services provided to enrollees by	79864
participating providers pursuant to a health care contract.	79865

(M) "Primary enrollee" means a person who is responsible for	79866
making payments for participation in a health care plan or an	79867
enrollee whose employment or other status is the basis of	79868
eligibility for enrollment in a health care plan.	79869

(N) "Procedure codes" includes the American medical	79870
association's current procedural terminology code, the American	79871
dental association's current dental terminology, and the centers	79872
for medicare and medicaid services health care common procedure	79873
coding system.	79874

(O) "Product" means one of the following types of categories	79875
of coverage for which a participating provider may be obligated to	79876
provide health care services pursuant to a health care contract:	79877

(1) A health maintenance organization or other product	79878
provided by a health insuring corporation;	79879

(2) A preferred provider organization;

79880

(3) Medicare;

79881

(4) Medicaid ~~or the children's buy-in program established~~	79882
~~under section 5101.5211 to 5101.5216 of the Revised Code~~;	79883

(5) Workers' compensation.

79884

(P) "Provider" means a physician, podiatrist, dentist,	79885
chiropractor, optometrist, psychologist, physician assistant,	79886
advanced practice nurse, occupational therapist, massage	79887
therapist, physical therapist, professional counselor,	79888
professional clinical counselor, hearing aid dealer, orthotist,	79889
prosthetist, home health agency, hospice care program, or	79890
hospital, or a provider organization or physician-hospital	79891
organization that is acting exclusively as an administrator on	79892
behalf of a provider to facilitate the provider's participation in	79893
health care contracts. "Provider" does not mean a pharmacist,	79894
pharmacy, nursing home, or a provider organization or	79895
physician-hospital organization that leases the provider	79896
organization's or physician-hospital organization's network to a	79897
third party or contracts directly with employers or health and	79898
welfare funds.	79899

(Q) "Specialty health care services" has the same meaning as	79900
in section 1751.01 of the Revised Code, except that it does not	79901
include any services listed in division (B) of section 1751.01 of	79902
the Revised Code that are provided by a pharmacist or a nursing	79903
home.	79904

(R) "Supplemental health care services" has the same meaning	79905
as in division (B) of section 1751.01 of the Revised Code, except	79906
that it does not include any services listed in that division that	79907
are provided by a pharmacist or nursing home.	79908

Sec. 3963.11. (A) No contracting entity shall do any of the	79909
following:	79910

(1) Offer to a provider ~~other than a hospital~~ a health care	79911
contract that includes a most favored nation clause;	79912

(2) Enter into a health care contract with a provider ~~other~~	79913
~~than a hospital~~ that includes a most favored nation clause;	79914

(3) Amend or renew an existing health care contract	79915
previously entered into with a provider ~~other than a hospital~~so	79916
that the contract as amended or renewed adds or continues to	79917
include a most favored nation clause.	79918

~~(B) This section shall not go into effect until three years~~	79919
~~after the effective date of this section.~~	79920

~~(C)~~(B) As used in this section:

79921

(1) "Contracting entity," "health care contract," "health	79922
care services," "participating provider," and "provider" have the	79923
same meanings as in section 3963.01 of the Revised Code.	79924

(2) "Most favored nation clause" means a provision in a	79925
health care contract that does any of the following:	79926

(a) Prohibits, or grants a contracting entity an option to	79927
prohibit, the participating provider from contracting with another	79928
contracting entity to provide health care services at a lower	79929
price than the payment specified in the contract;	79930

(b) Requires, or grants a contracting entity an option to	79931
require, the participating provider to accept a lower payment in	79932
the event the participating provider agrees to provide health care	79933
services to any other contracting entity at a lower price;	79934

(c) Requires, or grants a contracting entity an option to	79935
require, termination or renegotiation of the existing health care	79936
contract in the event the participating provider agrees to provide	79937
health care services to any other contracting entity at a lower	79938
price;	79939

(d) Requires the participating provider to disclose the	79940
participating provider's contractual reimbursement rates with	79941
other contracting entities.	79942

Sec. 4113.11. (A) As specified in division (B) of this	79943
section and except as provided in divisions (C) and ~~(F)~~(E) of this	79944
section, all employers that employ ten or more employees shall	79945
adopt and maintain a cafeteria plan that allows the employer's	79946
employees to pay for health insurance coverage by a salary	79947
reduction arrangement as permitted under section 125 of the	79948
Internal Revenue Code.	79949

(B) Employers shall comply with the requirements of division	79950
(A) of this section as follows:	79951

(1) For employers that employ more than five hundred	79952
employees, by not later than January 1, 2011, or six months after	79953
the superintendent of insurance adopts rules as required by	79954
division ~~(E)~~(D) of this section, whichever is later;	79955

(2) For employers that employ one hundred fifty to five	79956
hundred employees, by not later than July 1, 2011, or twelve	79957
months after the superintendent adopts rules as required by	79958
division ~~(E)~~(D) of this section, whichever is later;	79959

(3) For employers that employ ten to one hundred forty-nine	79960
employees, by not later than January 1, 2012, or eighteen months	79961
after the superintendent adopts rules as required by division	79962
~~(E)~~(D) of this section, whichever is later.	79963

(C) This section shall not apply to employers that, through	79964
other means than provided under this section, offer health	79965
insurance coverage, reimburse for health insurance coverage, or	79966
provide employees with opportunities to pay for health insurance	79967
with pre-tax dollars through other salary reduction arrangements.	79968

(D) ~~The health care coverage and quality council created~~	79969
~~under section 3923.90 of the Revised Code shall make~~	79970
~~recommendations to the superintendent for both of the following:~~	79971

~~(1) Development of strategies to educate, assist, and conduct~~	79972
~~outreach to employers to simplify administrative processes with~~	79973
~~respect to creating and maintaining cafeteria plans, including,~~	79974
~~but not limited to, providing employers with model cafeteria plan~~	79975
~~documents and technical assistance on creating and maintaining~~	79976
~~cafeteria plans that conform with state and federal law;~~	79977

~~(2) Development of strategies to educate, assist, and conduct~~	79978
~~outreach to employees with respect to finding, selecting, and~~	79979
~~purchasing a health insurance plan to be paid for through their~~	79980
~~employer's cafeteria plan under this section.~~	79981

~~(E)~~(1) The superintendent shall adopt rules in accordance	79982
with Chapter 119. of the Revised Code to implement and enforce	79983
this section~~, including the strategies recommended by the council~~	79984
~~pursuant to division (D) of this section~~.	79985

(2) Prior to adopting rules under this division, the	79986
superintendent shall consult any federal agency that has oversight	79987
of cafeteria plans and employee welfare benefit plans, including	79988
the internal revenue service and the United States department of	79989
labor, and receive written confirmation that the rules adopted	79990
will permit employers to establish cafeteria plans in accordance	79991
with federal law. The written confirmation shall include a	79992
determination that individual policies purchased pursuant to this	79993
section do not need to comply with the group market rules	79994
established by the "Health Insurance Portability and	79995
Accountability Act of 1996."	79996

~~(F)~~(E) The requirement provided in division (A) of this	79997
section does not apply if the superintendent does not receive	79998
written confirmation pursuant to division ~~(E)~~(D)(2) of this	79999
section that individual policies purchased pursuant to this	80000
section do not need to comply with the group market rules	80001
established by the "Health Insurance Portability and	80002
Accountability Act of 1996."	80003

~~(G)~~(F) Nothing in this section shall be construed as	80004
requiring an employer to establish a cafeteria plan in a manner	80005
that would violate federal law, including the "Employee Retirement	80006
Income Security Act of 1974," the "Consolidated Omnibus Budget	80007
Reconciliation Act of 1985," or the "Health Insurance Portability	80008
and Accountability Act of 1996."	80009

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

80010

(1) "Cafeteria plan" has the same meaning as in section 125	80011
of the Internal Revenue Code.	80012

(2) "Employer" has the same meaning as in section 4113.51 of	80013
the Revised Code.	80014

(3) "Employee" means an individual employed for consideration	80015
who works twenty-five or more hours per week or who renders any	80016
other standard of service generally accepted by custom or	80017
specified by contract as full-time employment, except for a public	80018
employee employed by a township or municipal corporation. In that	80019
case, "employee" means an individual hired with the expectation	80020
that the employee will work more than one thousand five hundred	80021
hours in any year unless full-time employment is defined	80022
differently in an applicable collective bargaining agreement.	80023

Sec. 4113.61. (A)(1) If a subcontractor or material supplier	80024
submits an application or request for payment or an invoice for	80025
materials to a contractor in sufficient time to allow the	80026
contractor to include the application, request, or invoice in the	80027
contractor's own pay request submitted to an owner, the	80028
contractor, within ten calendar days after receipt of payment from	80029
the owner for improvements to property, shall pay to the:	80030

(a) Subcontractor, an amount that is equal to the percentage	80031
of completion of the subcontractor's contract allowed by the owner	80032
for the amount of labor or work performed;	80033

(b) Material supplier, an amount that is equal to all or that	80034
portion of the invoice for materials which represents the	80035
materials furnished by the material supplier.	80036

The contractor may reduce the amount paid by any retainage	80037
provision contained in the contract, invoice, or purchase order	80038
between the contractor and the subcontractor or material supplier,	80039
and may withhold amounts that may be necessary to resolve disputed	80040
liens or claims involving the work or labor performed or material	80041
furnished by the subcontractor or material supplier.	80042

If the contractor fails to comply with division (A)(1) of	80043
this section, the contractor shall pay the subcontractor or	80044
material supplier, in addition to the payment due, interest in the	80045
amount of eighteen per cent per annum of the payment due,	80046
beginning on the eleventh day following the receipt of payment	80047
from the owner and ending on the date of full payment of the	80048
payment due plus interest to the subcontractor or material	80049
supplier.	80050

(2) If a lower tier subcontractor or lower tier material	80051
supplier submits an application or request for payment or an	80052
invoice for materials to a subcontractor, material supplier, or	80053
other lower tier subcontractor or lower tier material supplier in	80054
sufficient time to allow the subcontractor, material supplier, or	80055
other lower tier subcontractor or lower tier material supplier to	80056
include the application, request, or invoice in the	80057
subcontractor's, material supplier's, or other lower tier	80058
subcontractor's or lower tier material supplier's own pay request	80059
submitted to a contractor, other subcontractor, material supplier,	80060
lower tier subcontractor, or lower tier material supplier, the	80061
subcontractor, material supplier, or other lower tier	80062
subcontractor or lower tier material supplier, within ten calendar	80063
days after receipt of payment from the contractor, other	80064
subcontractor, material supplier, lower tier subcontractor, or	80065
lower tier material supplier for improvements to property, shall	80066
pay to the:	80067

(a) Lower tier subcontractor, an amount that is equal to the	80068
percentage of completion of the lower tier subcontractor's	80069
contract allowed by the owner for the amount of labor or work	80070
performed;	80071

(b) Lower tier material supplier, an amount that is equal to	80072
all or that portion of the invoice for materials which represents	80073
the materials furnished by the lower tier material supplier.	80074

The subcontractor, material supplier, lower tier	80075
subcontractor, or lower tier material supplier may reduce the	80076
amount paid by any retainage provision contained in the contract,	80077
invoice, or purchase order between the subcontractor, material	80078
supplier, lower tier subcontractor, or lower tier material	80079
supplier and the lower tier subcontractor or lower tier material	80080
supplier, and may withhold amounts that may be necessary to	80081
resolve disputed liens or claims involving the work or labor	80082
performed or material furnished by the lower tier subcontractor or	80083
lower tier material supplier.	80084

If the subcontractor, material supplier, lower tier	80085
subcontractor, or lower tier material supplier fails to comply	80086
with division (A)(2) of this section, the subcontractor, material	80087
supplier, lower tier subcontractor, or lower tier material	80088
supplier shall pay the lower tier subcontractor or lower tier	80089
material supplier, in addition to the payment due, interest in the	80090
amount of eighteen per cent per annum of the payment due,	80091
beginning on the eleventh day following the receipt of payment	80092
from the contractor, other subcontractor, material supplier, lower	80093
tier subcontractor, or lower tier material supplier and ending on	80094
the date of full payment of the payment due plus interest to the	80095
lower tier subcontractor or lower tier material supplier.	80096

(3) If a contractor receives any final retainage from the	80097
owner for improvements to property, the contractor shall pay from	80098
that retainage each subcontractor and material supplier the	80099
subcontractor's or material supplier's proportion of the	80100
retainage, within ten calendar days after receipt of the retainage	80101
from the owner, or within the time period provided in a contract,	80102
invoice, or purchase order between the contractor and the	80103
subcontractor or material supplier, whichever time period is	80104
shorter, provided that the contractor has determined that the	80105
subcontractor's or material supplier's work, labor, and materials	80106
have been satisfactorily performed or furnished and that the owner	80107
has approved the subcontractor's or material supplier's work,	80108
labor, and materials.	80109

If the contractor fails to pay a subcontractor or material	80110
supplier within the appropriate time period, the contractor shall	80111
pay the subcontractor or material supplier, in addition to the	80112
retainage due, interest in the amount of eighteen per cent per	80113
annum of the retainage due, beginning on the eleventh day	80114
following the receipt of the retainage from the owner and ending	80115
on the date of full payment of the retainage due plus interest to	80116
the subcontractor or material supplier.	80117

(4) If a subcontractor, material supplier, lower tier	80118
subcontractor, or lower tier material supplier receives any final	80119
retainage from the contractor or other subcontractor, lower tier	80120
subcontractor, or lower tier material supplier for improvements to	80121
property, the subcontractor, material supplier, lower tier	80122
subcontractor, or lower tier material supplier shall pay from that	80123
retainage each lower tier subcontractor or lower tier the lower	80124
tier subcontractor's or lower tier material supplier's proportion	80125
of the retainage, within ten calendar days after receipt of	80126
payment from the contractor or other subcontractor, lower tier	80127
subcontractor, or lower tier material supplier, or within the time	80128
period provided in a contract, invoice, or purchase order between	80129
the subcontractor, material supplier, lower tier subcontractor, or	80130
lower tier material supplier and the lower tier subcontractor or	80131
lower tier material supplier, whichever time period is shorter,	80132
provided that the subcontractor, material supplier, lower tier	80133
subcontractor, or lower tier material supplier has determined that	80134
the lower tier subcontractor's or lower tier material supplier's	80135
work, labor, and materials have been satisfactorily performed or	80136
furnished and that the owner has approved the lower tier	80137
subcontractor's or lower tier material supplier's work, labor, and	80138
materials.	80139

If the subcontractor, material supplier, lower tier	80140
subcontractor, or lower tier material supplier fails to pay the	80141
lower tier subcontractor or lower tier material supplier within	80142
the appropriate time period, the subcontractor, material supplier,	80143
lower tier subcontractor, or lower tier material supplier shall	80144
pay the lower tier subcontractor or lower tier material supplier,	80145
in addition to the retainage due, interest in the amount of	80146
eighteen per cent per annum of the retainage due, beginning on the	80147
eleventh day following the receipt of the retainage from the	80148
contractor or other subcontractor, lower tier subcontractor, or	80149
lower tier material supplier and ending on the date of full	80150
payment of the retainage due plus interest to the lower tier	80151
subcontractor or lower tier material supplier.	80152

(5) A contractor, subcontractor, or lower tier subcontractor	80153
shall pay a laborer wages due within ten days of payment of any	80154
application or request for payment or the receipt of any retainage	80155
from an owner, contractor, subcontractor, or lower tier	80156
subcontractor.	80157

If the contractor, subcontractor, or lower tier subcontractor	80158
fails to pay the laborer wages due within the appropriate time	80159
period, the contractor, subcontractor, or lower tier subcontractor	80160
shall pay the laborer, in addition to the wages due, interest in	80161
the amount of eighteen per cent per annum of the wages due,	80162
beginning on the eleventh day following the receipt of payment	80163
from the owner, contractor, subcontractor, or lower tier	80164
subcontractor and ending on the date of full payment of the wages	80165
due plus interest to the laborer.	80166

(B)(1) If a contractor, subcontractor, material supplier,	80167
lower tier subcontractor, or lower tier material supplier has not	80168
made payment in compliance with division (A)(1), (2), (3), (4), or	80169
(5) of this section within thirty days after payment is due, a	80170
subcontractor, material supplier, lower tier subcontractor, lower	80171
tier material supplier, or laborer may file a civil action to	80172
recover the amount due plus the interest provided in those	80173
divisions. If the court finds in the civil action that a	80174
contractor, subcontractor, material supplier, lower tier	80175
subcontractor, or lower tier material supplier has not made	80176
payment in compliance with those divisions, the court shall award	80177
the interest specified in those divisions, in addition to the	80178
amount due. Except as provided in division (B)(3) of this section,	80179
the court shall award the prevailing party reasonable attorney	80180
fees and court costs.	80181

(2) In making a determination to award attorney fees under	80182
division (B)(1) of this section, the court shall consider all	80183
relevant factors, including but not limited to the following:	80184

(a) The presence or absence of good faith allegations or	80185
defenses asserted by the parties;	80186

(b) The proportion of the amount of recovery as it relates to	80187
the amount demanded;	80188

(c) The nature of the services rendered and the time expended	80189
in rendering the services.	80190

(3) The court shall not award attorney fees under division	80191
(B)(1) of this section if the court determines, following a	80192
hearing on the payment of attorney fees, that the payment of	80193
attorney fees to the prevailing party would be inequitable.	80194

(C) This section does not apply to any construction or	80195
improvement of any single-, two-, or three-family detached	80196
dwelling houses.	80197

(D)(1) No provision of this section regarding entitlement to	80198
interest, attorney fees, or court costs may be waived by agreement	80199
and any such term in any contract or agreement is void and	80200
unenforceable as against public policy.	80201

(2) This section shall not be construed as impairing or	80202
affecting, in any way, the terms and conditions of any contract,	80203
invoice, purchase order, or any other agreement between a	80204
contractor and a subcontractor or a material supplier or between a	80205
subcontractor and another subcontractor, a material supplier, a	80206
lower tier subcontractor, or a lower tier material supplier,	80207
except that if such terms and conditions contain time periods	80208
which are longer than any of the time periods specified in	80209
divisions (A)(1), (2), (3), (4), and (5) of this section or	80210
interest at a percentage less than the interest stated in those	80211
divisions, then the provisions of this section shall prevail over	80212
such terms and conditions.	80213

(E) Notwithstanding the definition of lower tier material	80214
supplier in this section, a person is not a lower tier material	80215
supplier unless the materials supplied by the person are:	80216

(1) Furnished with the intent, as evidenced by the contract	80217
of sale, the delivery order, delivery to the site, or by other	80218
evidence that the materials are to be used on a particular	80219
structure or improvement;	80220

(2) Incorporated in the improvement or consumed as normal	80221
wastage in the course of the improvement; or	80222

(3) Specifically fabricated for incorporation in the	80223
improvement and not readily resalable in the ordinary course of	80224
the fabricator's business even if not actually incorporated in the	80225
improvement.	80226

(F) As used in this section:

80227

(1) "Contractor" means any person who undertakes to	80228
construct, alter, erect, improve, repair, demolish, remove, dig,	80229
or drill any part of a structure or improvement under a contract	80230
with an owner, or a "construction manager" or "construction	80231
manager at risk" as ~~that term is~~those terms are defined in	80232
section 9.33 of the Revised Code, or a "design-build firm" as that	80233
term is defined in section 153.65 of the Revised Code.	80234

(2) "Laborer," "material supplier," "subcontractor," and	80235
"wages" have the same meanings as in section 1311.01 of the	80236
Revised Code.	80237

(3) "Lower tier subcontractor" means a subcontractor who is	80238
not in privity of contract with a contractor but is in privity of	80239
contract with another subcontractor.	80240

(4) "Lower tier material supplier" means a material supplier	80241
who is not in privity of contract with a contractor but is in	80242
privity of contract with another subcontractor or a material	80243
supplier.	80244

(5) "Wages due" means the wages due to a laborer as of the	80245
date a contractor or subcontractor receives payment for any	80246
application or request for payment or retainage from any owner,	80247
contractor, or subcontractor.	80248

(6) "Owner" includes the state, and a county, township,	80249
municipal corporation, school district, or other political	80250
subdivision of the state, and any public agency, authority, board,	80251
commission, instrumentality, or special district of or in the	80252
state or a county, township, municipal corporation, school	80253
district, or other political subdivision of the state, and any	80254
officer or agent thereof and relates to all the interests either	80255
legal or equitable, which a person may have in the real estate	80256
upon which improvements are made, including interests held by any	80257
person under contracts of purchase, whether in writing or	80258
otherwise.	80259

Sec. 4115.03. As used in sections 4115.03 to 4115.16 of the	80260
Revised Code:	80261

(A) "Public authority" means any officer, board, or	80262
commission of the state, or any political subdivision of the	80263
state, authorized to enter into a contract for the construction of	80264
a public improvement or to construct the same by the direct	80265
employment of labor, or any institution supported in whole or in	80266
part by public funds and said sections apply to expenditures of	80267
such institutions made in whole or in part from public funds.	80268

(B) "Construction" means ~~either~~any of the following:

80269

(1) ~~Any~~Except as provided in division (B)(3) of this	80270
section, any new construction of ~~any~~a public improvement, the	80271
total overall project cost of which is fairly estimated to be more	80272
than ~~fifty thousand dollars adjusted biennially by the director~~	80273
~~of commerce pursuant to section 4115.034 of the Revised Code~~the	80274
following amounts and performed by other than full-time employees	80275
who have completed their probationary periods in the classified	80276
service of a public authority;:	80277

(a) One hundred twenty-five thousand dollars, beginning on	80278
the effective date of this amendment and continuing for one year	80279
thereafter;	80280

(b) Two hundred thousand dollars, beginning when the time	80281
period described in division (B)(1)(a) of this section expires and	80282
continuing for one year thereafter;	80283

(c) Two hundred fifty thousand dollars, beginning when the	80284
time period described in division (B)(1)(b) of this section	80285
expires.	80286

(2) ~~Any~~Except as provided in division (B)(4) of this	80287
section, any reconstruction, enlargement, alteration, repair,	80288
remodeling, renovation, or painting of ~~any~~a public improvement,	80289
the total overall project cost of which is fairly estimated to be	80290
more than ~~fifteen thousand dollars adjusted biennially by the~~	80291
~~administrator pursuant to section 4115.034 of the Revised Code~~the	80292
following amounts and performed by other than full-time employees	80293
who have completed their probationary period in the classified	80294
civil service of a public authority:	80295

(a) Thirty-eight thousand dollars, beginning on the effective	80296
date of this amendment and continuing for one year thereafter;	80297

(b) Sixty thousand dollars, beginning when the time period	80298
described in division (B)(2)(a) of this section expires and	80299
continuing for one year thereafter;	80300

(c) Seventy-five thousand dollars, beginning when the time	80301
period described in division (B)(2)(b) of this section expires.	80302

(3) Any new construction of a public improvement that	80303
involves roads, streets, alleys, sewers, ditches, and other works	80304
connected to road or bridge construction, the total overall	80305
project cost of which is fairly estimated to be more than	80306
seventy-eight thousand two hundred fifty-eight dollars adjusted	80307
biennially by the director of commerce pursuant to section	80308
4115.034 of the Revised Code and performed by other than full-time	80309
employees who have completed their probationary periods in the	80310
classified service of a public authority;	80311

(4) Any reconstruction, enlargement, alteration, repair,	80312
remodeling, renovation, or painting of a public improvement that	80313
involves roads, streets, alleys, sewers, ditches, and other works	80314
connected to road or bridge construction, the total overall	80315
project cost of which is fairly estimated to be more than	80316
twenty-three thousand four hundred forty-seven dollars adjusted	80317
biennially by the director of commerce pursuant to section	80318
4115.034 of the Revised code and performed by other than full-time	80319
employees who have completed their probationary periods in the	80320
classified service of a public authority.	80321

(C) "Public improvement" includes all buildings, roads,	80322
streets, alleys, sewers, ditches, sewage disposal plants, water	80323
works, and all other structures or works constructed by a public	80324
authority of the state or any political subdivision thereof or by	80325
any person who, pursuant to a contract with a public authority,	80326
constructs any structure for a public authority of the state or a	80327
political subdivision thereof. When a public authority rents or	80328
leases a newly constructed structure within six months after	80329
completion of such construction, all work performed on such	80330
structure to suit it for occupancy by a public authority is a	80331
"public improvement." "Public improvement" does not include an	80332
improvement authorized by section 1515.08 of the Revised Code that	80333
is constructed pursuant to a contract with a soil and water	80334
conservation district, as defined in section 1515.01 of the	80335
Revised Code, or performed as a result of a petition filed	80336
pursuant to Chapter 6131., 6133., or 6135. of the Revised Code,	80337
wherein no less than seventy-five per cent of the project is	80338
located on private land and no less than seventy-five per cent of	80339
the cost of the improvement is paid for by private property owners	80340
pursuant to Chapter 1515., 6131., 6133., or 6135. of the Revised	80341
Code.	80342

(D) "Locality" means the county wherein the physical work	80343
upon any public improvement is being performed.	80344

(E) "Prevailing wages" means the sum of the following:

80345

(1) The basic hourly rate of pay;

80346

(2) The rate of contribution irrevocably made by a contractor	80347
or subcontractor to a trustee or to a third person pursuant to a	80348
fund, plan, or program;	80349

(3) The rate of costs to the contractor or subcontractor	80350
which may be reasonably anticipated in providing the following	80351
fringe benefits to laborers and mechanics pursuant to an	80352
enforceable commitment to carry out a financially responsible plan	80353
or program which was communicated in writing to the laborers and	80354
mechanics affected:	80355

(a) Medical or hospital care or insurance to provide such;

80356

(b) Pensions on retirement or death or insurance to provide	80357
such;	80358

(c) Compensation for injuries or illnesses resulting from	80359
occupational activities if it is in addition to that coverage	80360
required by Chapters 4121. and 4123. of the Revised Code;	80361

(d) Supplemental unemployment benefits that are in addition	80362
to those required by Chapter 4141. of the Revised Code;	80363

(e) Life insurance;

80364

(f) Disability and sickness insurance;

80365

(g) Accident insurance;

80366

(h) Vacation and holiday pay;

80367

(i) Defraying of costs for apprenticeship or other similar	80368
training programs which are beneficial only to the laborers and	80369
mechanics affected;	80370

(j) Other bona fide fringe benefits.

80371

None of the benefits enumerated in division (E)(3) of this	80372
section may be considered in the determination of prevailing wages	80373
if federal, state, or local law requires contractors or	80374
subcontractors to provide any of such benefits.	80375

(F) "Interested party," with respect to a particular contract	80376
for construction of a public improvement, means:	80377

(1) Any person who submits a bid for the purpose of securing	80378
the award of athe contract ~~for construction of the public~~	80379
~~improvement~~;	80380

(2) Any person acting as a subcontractor of a person	80381
~~mentioned~~described in division (F)(1) of this section;	80382

(3) Any bona fide organization of labor which has as members	80383
or is authorized to represent employees of a person ~~mentioned~~	80384
described in division (F)(1) or (2) of this section and which	80385
exists, in whole or in part, for the purpose of negotiating with	80386
employers concerning the wages, hours, or terms and conditions of	80387
employment of employees;	80388

(4) Any association having as members any of the persons	80389
~~mentioned~~described in division (F)(1) or (2) of this section.	80390

(G) Except as used in division (A) of this section, "officer"	80391
means an individual who has an ownership interest or holds an	80392
office of trust, command, or authority in a corporation, business	80393
trust, partnership, or association.	80394

Sec. 4115.033. No public authority shall subdivide a public	80395
improvement project into component parts or projects, the cost of	80396
which is fairly estimated to be less than the threshold levels set	80397
forth in ~~divisions~~division (B)~~(1) and (2)~~ of section 4115.03 of	80398
the Revised Code, unless the projects are conceptually separate	80399
and unrelated to each other, or encompass independent and	80400
unrelated needs of the public authority.	80401

Sec. 4115.034. On January 1, 1996, and the first day of	80402
January of every even-numbered year thereafter, the director of	80403
commerce shall adjust the threshold levels for which public	80404
improvement projects are subject to sections 4115.03 to 4115.16 of	80405
the Revised Code as set forth in divisions (B)~~(1)~~(3) and ~~(2)~~(4) of	80406
section 4115.03 of the Revised Code. The director shall adjust	80407
those amounts according to the average increase or decrease for	80408
each of the two years immediately preceding the adjustment as set	80409
forth in the United States department of commerce, bureau of the	80410
census implicit price deflator for construction, provided that no	80411
increase or decrease for any year shall exceed three per cent of	80412
the threshold level in existence at the time of the adjustment.	80413

Sec. 4115.04. (A)(1) Every public authority authorized to	80414
contract for or construct with its own forces a public	80415
improvement, before advertising for bids or undertaking such	80416
construction with its own forces, shall have the director of	80417
commerce determine the prevailing rates of wages of mechanics and	80418
laborers in accordance with section 4115.05 of the Revised Code	80419
for the class of work called for by the public improvement, in the	80420
locality where the work is to be performed. Except as provided in	80421
division (A)(2) of this section, that schedule of wages shall be	80422
attached to and made part of the specifications for the work, and	80423
shall be printed on the bidding blanks where the work is done by	80424
contract. A copy of the bidding blank shall be filed with the	80425
director before the contract is awarded. A minimum rate of wages	80426
for common laborers, on work coming under the jurisdiction of the	80427
department of transportation, shall be fixed in each county of the	80428
state by the department of transportation, in accordance with	80429
section 4115.05 of the Revised Code.	80430

(2) In the case of contracts that are administered by the	80431
department of natural resources, the director of natural resources	80432
or the director's designee shall include language in the contracts	80433
requiring wage rate determinations and updates to be obtained	80434
directly from the department of commerce through electronic or	80435
other means as appropriate. Contracts that include this	80436
requirement are exempt from the requirements established in	80437
division (A)(1) of this section that involve attaching the	80438
schedule of wages to the specifications for the work, making the	80439
schedule part of those specifications, and printing the schedule	80440
on the bidding blanks where the work is done by contract.	80441

(B) Sections 4115.03 to 4115.16 of the Revised Code do not	80442
apply to:	80443

(1) Public improvements in any case where the federal	80444
government or any of its agencies furnishes by loan or grant all	80445
or any part of the funds used in constructing such improvements,	80446
provided that the federal government or any of its agencies	80447
prescribes predetermined minimum wages to be paid to mechanics and	80448
laborers employed in the construction of such improvements;	80449

(2) A participant in a work activity, developmental activity,	80450
or an alternative work activity under sections 5107.40 to 5107.69	80451
of the Revised Code when a public authority directly uses the	80452
labor of the participant to construct a public improvement if the	80453
participant is not engaged in paid employment or subsidized	80454
employment pursuant to the activity;	80455

(3) Public improvements undertaken by, or under contract for,	80456
the board of education of any school district or the governing	80457
board of any educational service center;	80458

(4) Public improvements undertaken by, or under contract for,	80459
a county hospital operated pursuant to Chapter 339. of the Revised	80460
Code or a municipal hospital operated pursuant to Chapter 749. of	80461
the Revised Code if none of the funds used in constructing the	80462
improvements are the proceeds of bonds or other obligations that	80463
are secured by the full faith and credit of the state, a county, a	80464
township, or a municipal corporation and none of the funds used in	80465
constructing the improvements, including funds used to repay any	80466
amounts borrowed to construct the improvements, are funds that	80467
have been appropriated for that purpose by the state, a board of	80468
county commissioners, a township, or a municipal corporation from	80469
funds generated by the levy of a tax, provided that a county	80470
hospital or municipal hospital may elect to apply sections 4115.03	80471
to 4115.16 of the Revised Code to a public improvement undertaken	80472
by, or under contract for, the hospital;	80473

(5) Any project described in divisions (D)(1)(a) to (D)(1)(e)	80474
of section 176.05 of the Revised Code;	80475

(6) Public improvements undertaken by, or under contract for,	80476
a port authority as defined in section 4582.01 or 4582.21 of the	80477
Revised Code;	80478

(7) Any portion of a public improvement undertaken and	80479
completed solely with labor donated by the individuals performing	80480
the labor, by a labor organization and its members, or by a	80481
contractor or subcontractor that donates all labor and materials	80482
for that portion of the public improvement project.	80483

(C) Under no circumstances shall a public authority apply the	80484
prevailing wage requirements of this chapter to a public	80485
improvement that is exempt under division (B)(3) of this section.	80486

Sec. 4115.05. The prevailing rate of wages to be paid for a	80487
legal day's work, as prescribed in section 4115.04 of the Revised	80488
Code, to laborers, workers, or mechanics upon public works shall	80489
not be less at any time during the life of a contract for the	80490
public work than the prevailing rate of wages then payable in the	80491
same trade or occupation in the locality where such public work is	80492
being performed, under collective bargaining agreements or	80493
understandings, between employers and bona fide organizations of	80494
labor in force at the date the contract for the public work,	80495
relating to the trade or occupation, was made, and collective	80496
bargaining agreements or understandings successor thereto.	80497

Serving laborers, helpers, assistants and apprentices shall	80498
not be classified as common labor and shall be paid not less at	80499
any time during the life of a contract for the public work than	80500
the prevailing rate of wages then payable for such labor in the	80501
locality where the public work is being performed, under or as a	80502
result of collective bargaining agreements or understandings	80503
between employers and bona fide organizations of labor in force at	80504
the date the contract for the public work, requiring the	80505
employment of serving laborers, helpers, assistants, or	80506
apprentices, was made, and collective bargaining agreements or	80507
understandings successor thereto.	80508

Apprentices will be permitted to work only under a bona fide	80509
apprenticeship program if such program exists and is registered	80510
with the Ohio apprenticeship council.	80511

The allowable ratio of apprentices to skilled workers	80512
permitted to work shall not be greater than the ratio allowed the	80513
contractor or subcontractor in the collective bargaining agreement	80514
or understanding referred to in this section under which the work	80515
is being performed. A contractor, subcontractor, or public	80516
authority that exceeds the permissible ratio of apprentices to	80517
skilled workers by two or fewer apprentices for not more than two	80518
days in any thirty-day period shall not be found in violation of	80519
this provision with regard to that excess number of apprentices.	80520

For purposes of establishing the prevailing rate of wages, a	80521
labor organization that is a party to a collective bargaining	80522
agreement, contract, or understanding, including any successor	80523
agreement, contract, or understanding, that establishes wages for	80524
a trade or occupation typically employed on public improvements	80525
shall file with the director of commerce all relevant portions of	80526
any such agreement, contract, or understanding to which the labor	80527
organization is a party. The filing shall occur within ninety days	80528
after the agreement, contract, or understanding is executed,	80529
except that the relevant portion of any agreement, contract, or	80530
understanding to which a labor organization is a party on the	80531
effective date of this amendment shall be filed within ninety days	80532
after the effective date of this amendment. The labor organization	80533
shall certify under penalty of law that the portion of the	80534
agreement, contract, or understanding filed under this section	80535
contains, in full, all provisions of the agreement, contract, or	80536
understanding concerning wages paid to persons and the apprentice	80537
to skilled worker ratio under the agreement, contract, or	80538
understanding.	80539

In the event there is no such collective bargaining agreement	80540
or understanding in the immediate locality, then the prevailing	80541
rates of wages in the nearest locality in which such collective	80542
bargaining agreements or understandings are in effect shall be the	80543
prevailing rate of wages, in such locality, for the various	80544
occupations covered by sections 4115.03 to 4115.16 of the Revised	80545
Code.	80546

The prevailing rate of wages to be paid for a legal day's	80547
work, to laborers, workers, or mechanics, upon any material to be	80548
used in or in connection with a public work, shall be not less	80549
than the prevailing rate of wages payable for a day's work in the	80550
same trade or occupation in the locality within the state where	80551
such public work is being performed and where the material in its	80552
final or completed form is to be situated, erected, or used.	80553

Every contract for a public work shall contain a provision	80554
that each laborer, worker, or mechanic, employed by such	80555
contractor, subcontractor, or other person about or upon such	80556
public work, shall be paid the prevailing rate of wages provided	80557
in this section.	80558

No contractor or subcontractor under a contract for a public	80559
work shall sublet any of the work covered by such contract unless	80560
specifically authorized to do so by the contract.	80561

Where contracts are not awarded or construction undertaken	80562
within ninety days from the date of the establishment of the	80563
prevailing rate of wages, there shall be a redetermination of the	80564
prevailing rate of wages before the contract is awarded. ~~Upon~~	80565
~~receipt from the director of commerce of a notice of a change in~~	80566
~~prevailing wage rates, a~~A public authority shall, within seven	80567
working days after ~~receipt thereof~~receiving from the director a	80568
notice of a change in the prevailing wage rate, notify all	80569
affected contractors and subcontractors with whom the public	80570
authority has contracts for a public improvement of the changes	80571
and require the contractors to make the necessary adjustments in	80572
the prevailing wage rates.	80573

If, upon receipt of the relevant portions of a collective	80574
bargaining agreement, contract, or understanding, the director	80575
determines that the prevailing wage rate has changed in the	80576
locality in which an ongoing project is being constructed, any	80577
change in that rate shall take effect two weeks after the director	80578
receives the relevant portions of the agreement, contract, or	80579
understanding showing that the prevailing wage rate has changed.	80580

If the director determines that a contractor or subcontractor	80581
has violated sections 4115.03 to 4115.16 of the Revised Code	80582
because the public authority has not notified the contractor or	80583
subcontractor as required by this section, the public authority is	80584
liable for any back wages, fines, damages, court costs, and	80585
attorney's fees associated with the enforcement of said sections	80586
by the director for the period of time running until the public	80587
authority gives the required notice to the contractor or	80588
subcontractor.	80589

On the occasion of the first pay date under a contract, the	80590
contractor or subcontractor shall furnish each employee not	80591
covered by a collective bargaining agreement or understanding	80592
between employers and bona fide organizations of labor with	80593
individual written notification of the job classification to which	80594
the employee is assigned, the prevailing wage determined to be	80595
applicable to that classification, separated into the hourly rate	80596
of pay and the fringe payments, and the identity of the prevailing	80597
wage coordinator appointed by the public authority. The contractor	80598
or subcontractor shall furnish the same notification to each	80599
affected employee every time the job classification of the	80600
employee is changed.	80601

Sec. 4115.10. (A) No person, firm, corporation, or public	80602
authority that constructs a public improvement with its own	80603
forces, the total overall project cost of which is fairly	80604
estimated to be more than the amounts set forth in division (B)~~(1)~~	80605
~~or (2)~~ of section 4115.03 of the Revised Code, adjusted biennially	80606
by the director of commerce pursuant to section 4115.034 of the	80607
Revised Code, as appropriate, shall violate the wage provisions of	80608
sections 4115.03 to 4115.16 of the Revised Code, or suffer,	80609
permit, or require any employee to work for less than the rate of	80610
wages so fixed, or violate the provisions of section 4115.07 of	80611
the Revised Code. Any employee upon any public improvement, except	80612
an employee to whom or on behalf of whom restitution is made	80613
pursuant to division (C) of section 4115.13 of the Revised Code,	80614
who is paid less than the fixed rate of wages applicable thereto	80615
may recover from such person, firm, corporation, or public	80616
authority that constructs a public improvement with its own forces	80617
the difference between the fixed rate of wages and the amount paid	80618
to the employee and in addition thereto a sum equal to twenty-five	80619
per cent of that difference. The person, firm, corporation, or	80620
public authority who fails to pay the rate of wages so fixed also	80621
shall pay a penalty to the director of seventy-five per cent of	80622
the difference between the fixed rate of wages and the amount paid	80623
to the employees on the public improvement. The director shall	80624
deposit all moneys received from penalties paid to the director	80625
pursuant to this section into the ~~penalty enforcement~~labor	80626
operating fund~~, which is hereby created in the state treasury~~. The	80627
director shall use the fund for the enforcement of sections	80628
4115.03 to 4115.16 of the Revised Code. The employee may file suit	80629
for recovery within ninety days of the director's determination of	80630
a violation of sections 4115.03 to 4115.16 of the Revised Code or	80631
is barred from further action under this division. Where the	80632
employee prevails in a suit, the employer shall pay the costs and	80633
reasonable attorney's fees allowed by the court.	80634

(B) Any employee upon any public improvement who is paid less	80635
than the prevailing rate of wages applicable thereto may file a	80636
complaint in writing with the director upon a form furnished by	80637
the director. The complaint shall include documented evidence to	80638
demonstrate that the employee was paid less than the prevailing	80639
wage in violation of this chapter. Upon receipt of a properly	80640
completed written complaint of any employee paid less than the	80641
prevailing rate of wages applicable, the director shall take an	80642
assignment of a claim in trust for the assigning employee and	80643
bring any legal action necessary to collect the claim. The	80644
employer shall pay the costs and reasonable attorney's fees	80645
allowed by the court if the employer is found in violation of	80646
sections 4115.03 to 4115.16 of the Revised Code.	80647

(C) If after investigation pursuant to section 4115.13 of the	80648
Revised Code, the director determines there is a violation of	80649
sections 4115.03 to 4115.16 of the Revised Code and a period of	80650
sixty days has elapsed from the date of the determination, and if:	80651

(1) No employee has brought suit pursuant to division (A) of	80652
this section;	80653

(2) No employee has requested that the director take an	80654
assignment of a wage claim pursuant to division (B) of this	80655
section;.	80656

The director shall bring any legal action necessary to	80657
collect any amounts owed to employees and the director. The	80658
director shall pay over to the affected employees the amounts	80659
collected to which the affected employees are entitled under	80660
division (A) of this section. In any action in which the director	80661
prevails, the employer shall pay the costs and reasonable	80662
attorney's fees allowed by the court.	80663

(D) Where persons are employed and their rate of wages has	80664
been determined as provided in section 4115.04 of the Revised	80665
Code, no person, either for self or any other person, shall	80666
request, demand, or receive, either before or after the person is	80667
engaged, that the person so engaged pay back, return, donate,	80668
contribute, or give any part or all of the person's wages, salary,	80669
or thing of value, to any person, upon the statement,	80670
representation, or understanding that failure to comply with such	80671
request or demand will prevent the procuring or retaining of	80672
employment, and no person shall, directly or indirectly, aid,	80673
request, or authorize any other person to violate this section.	80674
This division does not apply to any agent or representative of a	80675
duly constituted labor organization acting in the collection of	80676
dues or assessments of such organization.	80677

(E) The director shall enforce sections 4115.03 to 4115.16 of	80678
the Revised Code.	80679

(F) For the purpose of supplementing existing resources and	80680
to assist in enforcing division (E) of this section, the director	80681
may contract with a person registered as a public accountant under	80682
Chapter 4701. of the Revised Code to conduct an audit of a person,	80683
firm, corporation, or public authority.	80684

(G) No contractor or subcontractor shall be responsible for	80685
the payment of the penalties provided in division (A) of this	80686
section resulting from a violation of sections 4115.03 to 4115.16	80687
of the Revised Code by its subcontractor, provided that the	80688
contractor or subcontractor has made a good faith effort to ensure	80689
that its subcontractor complied with the requirements of sections	80690
4115.03 to 4115.16 of the Revised Code.	80691

Sec. 4115.101. There is hereby created the prevailing wage	80692
custodial fund, which shall be in the custody of the treasurer of	80693
state but shall not be part of the state treasury. The director of	80694
commerce shall deposit to the fund all money paid by employers to	80695
the director that are held in trust for employees to whom	80696
prevailing wages are due and owing. The director shall make	80697
disbursements from the fund in accordance with this chapter to	80698
employees affected by violations of this chapter. If the director	80699
determines that any funds in the prevailing wage custodial fund	80700
are not returnable to employees as required under this section,	80701
then the director shall certify to the treasurer of state the	80702
amount of the funds that are not returnable. Upon the receipt of a	80703
certification from the director in accordance with this section,	80704
the treasurer of state shall transfer the certified amount of the	80705
funds from the prevailing wage custodial fund to the labor	80706
operating fund.	80707

Sec. 4115.13. (A) Upon the director's own motion or within	80708
five days of the filing of a properly completed complaint under	80709
section 4115.10 or 4115.16 of the Revised Code, the director of	80710
commerce, or a representative designated by the director, shall	80711
investigate any alleged violation of sections 4115.03 to 4115.16	80712
of the Revised Code.	80713

(B) At the conclusion of the investigation, the director or a	80714
designated representative shall make a ~~recommendation~~	80715
determination as to whether the alleged violation was committed.	80716
If the director or designated representative ~~recommends~~determines	80717
that the alleged violation was an intentional violation, the	80718
director or designated representative shall give written notice by	80719
certified mail of that ~~recommendation~~determination to the	80720
contractor, subcontractor, or officer of the contractor or	80721
subcontractor which also shall state that the contractor,	80722
subcontractor, or officer of the contractor or subcontractor may	80723
file with the director an appeal of the ~~recommendation~~	80724
determination within thirty days after the date the notice was	80725
received. If the contractor, subcontractor, or officer of the	80726
contractor or subcontractor timely appeals the ~~recommendation~~	80727
determination, within sixty days of the filing of the appeal, the	80728
director or designated representative shall schedule the appeal	80729
for a hearing. If the contractor, subcontractor, or officer of the	80730
contractor or subcontractor fails to timely appeal the	80731
~~recommendation~~determination, the director or designated	80732
representative shall adopt the ~~recommendation~~determination as a	80733
finding of fact for purposes of division (D) of this section. The	80734
director or designated representative, in the performance of any	80735
duty or execution of any power prescribed by sections 4115.03 to	80736
4115.16 of the Revised Code, may hold hearings, and such hearings	80737
shall be held within the county in which the violation of sections	80738
4115.03 to 4115.16 of the Revised Code is alleged to have been	80739
committed, or in Franklin county, whichever county the person	80740
alleged to have committed the violation chooses. For the purpose	80741
of the hearing, the director may designate a hearing examiner who	80742
shall, after notice to all interested parties, conduct a hearing	80743
and make findings of fact and recommendations to the director. The	80744
director shall make a decision, which shall be sent to the	80745
affected parties. The director or designated representative may	80746
make decisions, based upon findings of fact, as are found	80747
necessary to enforce sections 4115.03 to 4115.16 of the Revised	80748
Code.	80749

(C) If any underpayment by a contractor or subcontractor was	80750
the result of a misinterpretation of the statute, or an erroneous	80751
preparation of the payroll documents, the director or designated	80752
representative may make a decision ordering the employer to make	80753
restitution to the employees, or on their behalf, the plans,	80754
funds, or programs for any type of fringe benefits described in	80755
the applicable wage determination. In accordance with the finding	80756
of the director that any underpayment was the result of a	80757
misinterpretation of the statute, or an erroneous preparation of	80758
the payroll documents, employers who make restitution are not	80759
subject to any further proceedings pursuant to sections 4115.03 to	80760
4115.16 of the Revised Code.	80761

If a contractor's or subcontractor's underpayment to an	80762
employee is less than one thousand dollars, the contractor or	80763
subcontractor is not subject to any further proceedings under	80764
sections 4115.03 to 4115.16 of the Revised Code for that	80765
underpayment if the contractor or subcontractor makes full	80766
restitution to the affected employee.	80767

(D) If the director or designated representative makes a	80768
decision, based upon findings of fact, that a contractor,	80769
subcontractor, or officer of a contractor or subcontractor has	80770
intentionally violated sections 4115.03 to 4115.16 of the Revised	80771
Code, the contractor, subcontractor, or officer of a contractor or	80772
subcontractor is prohibited from contracting directly or	80773
indirectly with any public authority for the construction of a	80774
public improvement or from performing any work on the same as	80775
provided in section 4115.133 of the Revised Code. A contractor,	80776
subcontractor, or officer of a contractor or subcontractor may	80777
appeal the decision, within sixty days after the decision, to the	80778
court of common pleas of the county in which the first hearing	80779
involving the violation was heard. If the contractor,	80780
subcontractor, or officer of a contractor or subcontractor does	80781
not timely appeal the ~~recommendation~~determination of the director	80782
or designated representative under division (B) of this section,	80783
the contractor, subcontractor, or officer of a contractor or	80784
subcontractor may appeal the findings of fact, within sixty days	80785
after the ~~recommendations~~determinations are adopted as findings	80786
of fact, to the court of common pleas within the county in which	80787
the violation of sections 4115.03 to 4115.16 of the Revised Code	80788
is alleged to have been committed or in Franklin county, whichever	80789
county the person alleged to have committed the violation chooses.	80790

(E) No appeal to the court from the decision of the director	80791
may be had by the contractor or subcontractor unless the	80792
contractor or subcontractor files a bond with the court in the	80793
amount of the restitution, conditioned upon payment should the	80794
decision of the director be upheld.	80795

(F) No statement of a contractor, subcontractor, or officer	80796
of a contractor or subcontractor and no determination,	80797
recommendation, or finding of fact issued under this section is	80798
admissible as evidence in a criminal action brought under this	80799
chapter against the contractor, subcontractor, or officer of a	80800
contractor or subcontractor.	80801

(G) In determining whether a contractor, subcontractor, or	80802
officer of a contractor or subcontractor intentionally violated	80803
sections 4115.03 to 4115.16 of the Revised Code, the director may	80804
consider as evidence either of the following:	80805

(1) The fact that the director, prior to the commission of	80806
the violation under consideration, issued notification to the	80807
contractor, subcontractor, or officer of a contractor or	80808
subcontractor of the same or a similar violation, provided that	80809
the commission of the same or a similar violation of sections	80810
4115.03 to 4115.16 of the Revised Code at a subsequent time does	80811
not create a presumption that the subsequent violation was	80812
intentional;	80813

(2) The fact that, prior to the commission of the violation,	80814
the contractor, subcontractor, or officer of a contractor or	80815
subcontractor used reasonable efforts to ascertain the correct	80816
interpretation of sections 4115.03 to 4115.16 of the Revised Code	80817
from the director or 4115.04 or 4115.131 of the Revised Code,	80818
provided that a violation is presumed not to be intentional where	80819
a contractor, subcontractor, or officer of a contractor or	80820
subcontractor complies with a decision the director or designated	80821
representative issues pursuant to a request made under section	80822
4115.131 of the Revised Code.	80823

(H) As used in this section, "intentional violation" means a	80824
willful, knowing, or deliberate failure to comply with any	80825
provision of sections 4115.03 to 4115.16 of the Revised Code, and	80826
includes, but is not limited to, the following actions when	80827
conducted in the manner described in this division:	80828

(1) An intentional failure to submit reports as required	80829
under division (C) of section 4115.071 of the Revised Code or	80830
knowingly submitting false or erroneous reports;	80831

(2) An intentional misclassification of employees for the	80832
purpose of reducing wages;	80833

(3) An intentional misclassification of employees as	80834
independent contractors or as apprentices;	80835

(4) An intentional failure to pay the prevailing wage;

80836

(5) An intentional failure to comply with the allowable ratio	80837
of apprentices to skilled workers as required under section	80838
4115.05 of the Revised Code and by rules adopted by the director	80839
pursuant to section 4115.12 of the Revised Code;	80840

(6) Intentionally allowing an officer of a contractor or	80841
subcontractor who is known to be prohibited from contracting	80842
directly or indirectly with a public authority for the	80843
construction of a public improvement or from performing any work	80844
on the same pursuant to section 4115.133 of the Revised Code to	80845
perform work on a public improvement.	80846

Sec. 4115.16. (A) An interested party may file a complaint	80847
with the director of commerce alleging a specific violation of	80848
sections 4115.03 to 4115.16 of the Revised Code by a specific	80849
contractor or subcontractor. The complaint shall be in writing on	80850
a form furnished by the director and shall include sufficient	80851
evidence to justify the complaint. The director, upon receipt of a	80852
properly completed complaint, shall investigate pursuant to	80853
section 4115.13 of the Revised Code. The director shall not	80854
investigate any complaint filed under this section that fails to	80855
allege a specific violation or that lacks sufficient evidence to	80856
justify the complaint. If the director determines that no	80857
violation has occurred or that the violation was not intentional,	80858
the interested party may appeal the decision to the court of	80859
common pleas of the county where the violation is alleged to have	80860
occurred.	80861

(B) IfExcept as otherwise provided in this section, the	80862
director or the designated representative shall conclude the	80863
investigation conducted under section 4115.13 of the Revised Code	80864
and make a determination not later than one hundred twenty days	80865
after the complaint is filed. The director or the designated	80866
representative may take additional time, of up to ninety days, to	80867
conclude the investigation and make a determination if the parties	80868
to the complaint are given notice of the extension before the	80869
initial one-hundred-twenty-day period expires. The director or the	80870
designated representative may take more time than that which is	80871
provided in this section to conclude the investigation and make a	80872
determination if the director, or the designated representative,	80873
and all parties to the complaint agree to a different time frame.	80874

If the director has not ruled on the merits of the complaint	80875
within ~~sixty days after its filing,~~the time provided under this	80876
section the interested party may file a complaint in the court of	80877
common pleas of the county in which the violation is alleged to	80878
have occurred. The complaint may make the contracting public	80879
authority a party to the action, but not the director.	80880
Contemporaneous with service of the complaint, the interested	80881
party shall deliver a copy of the complaint to the director. Upon	80882
receipt thereof, the director shall cease investigating or	80883
otherwise acting upon the complaint filed pursuant to division (A)	80884
of this section. The court in which the complaint is filed	80885
pursuant to this division shall hear and decide the case, and upon	80886
finding that a violation has occurred, shall make such orders as	80887
will prevent further violation and afford to injured persons the	80888
relief specified under sections 4115.03 to 4115.16 of the Revised	80889
Code. The court's finding that a violation has occurred shall have	80890
the same consequences as a like determination by the director. The	80891
court may order the director to take such action as will prevent	80892
further violation and afford to injured persons the remedies	80893
specified under sections 4115.03 to 4115.16 of the Revised Code.	80894
Upon receipt of any order of the court pursuant to this section,	80895
the director shall undertake enforcement action without further	80896
investigation or hearings.	80897

(C) The director shall make available to the parties to any	80898
appeal or action pursuant to this section all files, documents,	80899
affidavits, or other information in the director's possession that	80900
pertain to the matter. The rules generally applicable to civil	80901
actions in the courts of this state shall govern all appeals or	80902
actions under this section. Any determination of a court under	80903
this section is subject to appellate review.	80904

(D) Where, pursuant to this section, a court finds a	80905
violation of sections 4115.03 to 4115.16 of the Revised Code, the	80906
court shall award attorney fees and court costs to the prevailing	80907
party. In the event the court finds that no violation has	80908
occurred, the court may award court costs and ~~attorney~~ fees to the	80909
prevailing party, other than to the director or the public	80910
authority, where the court finds the action brought was	80911
unreasonable or without foundation, even though not brought in	80912
subjective bad faith.	80913

Sec. 4116.01. As used in sections 4116.01 to 4116.04 of the	80914
Revised Code:	80915

(A) "Public authority" means any officer, board, or	80916
commission of the state, or any political subdivision of the	80917
state, or any institution supported in whole or in part by public	80918
funds, authorized to enter into a contract for the construction of	80919
a public improvement or to construct a public improvement by the	80920
direct employment of labor. "Public authority" shall not mean any	80921
municipal corporation that has adopted a charter under sections	80922
three and seven of article XVIII of the Ohio ~~constitution~~	80923
Constitution, unless the specific contract for a public	80924
improvement includes state funds appropriated for the purposes of	80925
that public improvement.	80926

(B) "Construction" means all of the following:

80927

(1) Any new construction of any public improvement performed	80928
by other than full-time employees who have completed their	80929
probationary periods in the classified service of a public	80930
authority;	80931

(2) Any reconstruction, enlargement, alteration, repair,	80932
remodeling, renovation, or painting of any public improvement	80933
performed by other than full-time employees who have completed	80934
their probationary period in the classified civil service of a	80935
public authority;	80936

(3) Construction on any project, facility, or project	80937
facility to which section ~~122.452,~~ 122.80, ~~165.031,~~ 166.02,	80938
~~1551.13,~~or 1728.07~~, or 3706.042~~ of the Revised Code applies;	80939

(4) Construction on any project as defined in section 122.39	80940
of the Revised Code, any project as defined in section 165.01 of	80941
the Revised Code, any energy resource development facility as	80942
defined in section 1551.01 of the Revised Code, or any project as	80943
defined in section 3706.01 of the Revised Code.	80944

(C) "Public improvement" means all buildings, roads, streets,	80945
alleys, sewers, ditches, sewage disposal plants, water works, and	80946
other structures or works constructed by a public authority or by	80947
any person who, pursuant to a contract with a public authority,	80948
constructs any structure or work for a public authority. When a	80949
public authority rents or leases a newly constructed structure	80950
within six months after completion of its construction, all work	80951
performed on that structure to suit it for occupancy by a public	80952
authority is a "public improvement."	80953

(D) "Interested party," with respect to a particular public	80954
improvement, means all of the following:	80955

(1) Any person who submits a bid for the purpose of securing	80956
the award of a contract for the public improvement;	80957

(2) Any person acting as a subcontractor of a person	80958
mentioned in division (D)(1) of this section;	80959

(3) Any association having as members any of the persons	80960
mentioned in division (D)(1) or (2) of this section;	80961

(4) Any employee of a person mentioned in division (D)(1),	80962
(2), or (3) of this section;	80963

(5) Any individual who is a resident of the jurisdiction of	80964
the public authority for whom products or services for a public	80965
improvement are being procured or for whom work on a public	80966
improvement is being performed.	80967

Sec. 4117.01. As used in this chapter:

80968

(A) "Person," in addition to those included in division (C)	80969
of section 1.59 of the Revised Code, includes employee	80970
organizations, public employees, and public employers.	80971

(B) "Public employer" means the state or any political	80972
subdivision of the state located entirely within the state,	80973
including, without limitation, any municipal corporation with a	80974
population of at least five thousand according to the most recent	80975
federal decennial census; county; township with a population of at	80976
least five thousand in the unincorporated area of the township	80977
according to the most recent federal decennial census; school	80978
district; governing authority of a community school established	80979
under Chapter 3314. of the Revised Code; college preparatory	80980
boarding school established under Chapter 3328. of the Revised	80981
Code or its operator; state institution of higher learning; public	80982
or special district; state agency, authority, commission, or	80983
board; or other branch of public employment. "Public employer"	80984
does not include the nonprofit corporation formed under section	80985
187.01 of the Revised Code.	80986

(C) "Public employee" means any person holding a position by	80987
appointment or employment in the service of a public employer,	80988
including any person working pursuant to a contract between a	80989
public employer and a private employer and over whom the national	80990
labor relations board has declined jurisdiction on the basis that	80991
the involved employees are employees of a public employer, except:	80992

(1) Persons holding elective office;

80993

(2) Employees of the general assembly and employees of any	80994
other legislative body of the public employer whose principal	80995
duties are directly related to the legislative functions of the	80996
body;	80997

(3) Employees on the staff of the governor or the chief	80998
executive of the public employer whose principal duties are	80999
directly related to the performance of the executive functions of	81000
the governor or the chief executive;	81001

(4) Persons who are members of the Ohio organized militia,	81002
while training or performing duty under section 5919.29 or 5923.12	81003
of the Revised Code;	81004

(5) Employees of the state employment relations board,	81005
including those employees of the state employment relations board	81006
utilized by the state personnel board of review in the exercise of	81007
the powers and the performance of the duties and functions of the	81008
state personnel board of review;	81009

(6) Confidential employees;

81010

(7) Management level employees;

81011

(8) Employees and officers of the courts, assistants to the	81012
attorney general, assistant prosecuting attorneys, and employees	81013
of the clerks of courts who perform a judicial function;	81014

(9) Employees of a public official who act in a fiduciary	81015
capacity, appointed pursuant to section 124.11 of the Revised	81016
Code;	81017

(10) Supervisors;

81018

(11) Students whose primary purpose is educational training,	81019
including graduate assistants or associates, residents, interns,	81020
or other students working as part-time public employees less than	81021
fifty per cent of the normal year in the employee's bargaining	81022
unit;	81023

(12) Employees of county boards of election;

81024

(13) Seasonal and casual employees as determined by the state	81025
employment relations board;	81026

(14) Part-time faculty members of an institution of higher	81027
education;	81028

(15) Participants in a work activity, developmental activity,	81029
or alternative work activity under sections 5107.40 to 5107.69 of	81030
the Revised Code who perform a service for a public employer that	81031
the public employer needs but is not performed by an employee of	81032
the public employer if the participant is not engaged in paid	81033
employment or subsidized employment pursuant to the activity;	81034

(16) Employees included in the career professional service of	81035
the department of transportation under section 5501.20 of the	81036
Revised Code;	81037

(17) Employees of community-based correctional facilities and	81038
district community-based correctional facilities created under	81039
sections 2301.51 to 2301.58 of the Revised Code who are not	81040
subject to a collective bargaining agreement on June 1, 2005.	81041

(D) "Employee organization" means any labor or bona fide	81042
organization in which public employees participate and that exists	81043
for the purpose, in whole or in part, of dealing with public	81044
employers concerning grievances, labor disputes, wages, hours,	81045
terms, and other conditions of employment.	81046

(E) "Exclusive representative" means the employee	81047
organization certified or recognized as an exclusive	81048
representative under section 4117.05 of the Revised Code.	81049

(F) "Supervisor" means any individual who has authority, in	81050
the interest of the public employer, to hire, transfer, suspend,	81051
lay off, recall, promote, discharge, assign, reward, or discipline	81052
other public employees; to responsibly direct them; to adjust	81053
their grievances; or to effectively recommend such action, if the	81054
exercise of that authority is not of a merely routine or clerical	81055
nature, but requires the use of independent judgment, provided	81056
that:	81057

(1) Employees of school districts who are department	81058
chairpersons or consulting teachers shall not be deemed	81059
supervisors;	81060

(2) With respect to members of a police or fire department,	81061
no person shall be deemed a supervisor except the chief of the	81062
department or those individuals who, in the absence of the chief,	81063
are authorized to exercise the authority and perform the duties of	81064
the chief of the department. Where prior to June 1, 1982, a public	81065
employer pursuant to a judicial decision, rendered in litigation	81066
to which the public employer was a party, has declined to engage	81067
in collective bargaining with members of a police or fire	81068
department on the basis that those members are supervisors, those	81069
members of a police or fire department do not have the rights	81070
specified in this chapter for the purposes of future collective	81071
bargaining. The state employment relations board shall decide all	81072
disputes concerning the application of division (F)(2) of this	81073
section.	81074

(3) With respect to faculty members of a state institution of	81075
higher education, heads of departments or divisions are	81076
supervisors; however, no other faculty member or group of faculty	81077
members is a supervisor solely because the faculty member or group	81078
of faculty members participate in decisions with respect to	81079
courses, curriculum, personnel, or other matters of academic	81080
policy;	81081

(4) No teacher as defined in section 3319.09 of the Revised	81082
Code shall be designated as a supervisor or a management level	81083
employee unless the teacher is employed under a contract governed	81084
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and	81085
is assigned to a position for which a license deemed to be for	81086
administrators under state board rules is required pursuant to	81087
section 3319.22 of the Revised Code.	81088

(G) "To bargain collectively" means to perform the mutual	81089
obligation of the public employer, by its representatives, and the	81090
representatives of its employees to negotiate in good faith at	81091
reasonable times and places with respect to wages, hours, terms,	81092
and other conditions of employment and the continuation,	81093
modification, or deletion of an existing provision of a collective	81094
bargaining agreement, with the intention of reaching an agreement,	81095
or to resolve questions arising under the agreement. "To bargain	81096
collectively" includes executing a written contract incorporating	81097
the terms of any agreement reached. The obligation to bargain	81098
collectively does not mean that either party is compelled to agree	81099
to a proposal nor does it require the making of a concession.	81100

(H) "Strike" means continuous concerted action in failing to	81101
report to duty; willful absence from one's position; or stoppage	81102
of work in whole from the full, faithful, and proper performance	81103
of the duties of employment, for the purpose of inducing,	81104
influencing, or coercing a change in wages, hours, terms, and	81105
other conditions of employment. "Strike" does not include a	81106
stoppage of work by employees in good faith because of dangerous	81107
or unhealthful working conditions at the place of employment that	81108
are abnormal to the place of employment.	81109

(I) "Unauthorized strike" includes, but is not limited to,	81110
concerted action during the term or extended term of a collective	81111
bargaining agreement or during the pendency of the settlement	81112
procedures set forth in section 4117.14 of the Revised Code in	81113
failing to report to duty; willful absence from one's position;	81114
stoppage of work; slowdown, or abstinence in whole or in part from	81115
the full, faithful, and proper performance of the duties of	81116
employment for the purpose of inducing, influencing, or coercing a	81117
change in wages, hours, terms, and other conditions of employment.	81118
"Unauthorized strike" includes any such action, absence, stoppage,	81119
slowdown, or abstinence when done partially or intermittently,	81120
whether during or after the expiration of the term or extended	81121
term of a collective bargaining agreement or during or after the	81122
pendency of the settlement procedures set forth in section 4117.14	81123
of the Revised Code.	81124

(J) "Professional employee" means any employee engaged in	81125
work that is predominantly intellectual, involving the consistent	81126
exercise of discretion and judgment in its performance and	81127
requiring knowledge of an advanced type in a field of science or	81128
learning customarily acquired by a prolonged course in an	81129
institution of higher learning or a hospital, as distinguished	81130
from a general academic education or from an apprenticeship; or an	81131
employee who has completed the courses of specialized intellectual	81132
instruction and is performing related work under the supervision	81133
of a professional person to become qualified as a professional	81134
employee.	81135

(K) "Confidential employee" means any employee who works in	81136
the personnel offices of a public employer and deals with	81137
information to be used by the public employer in collective	81138
bargaining; or any employee who works in a close continuing	81139
relationship with public officers or representatives directly	81140
participating in collective bargaining on behalf of the employer.	81141

(L) "Management level employee" means an individual who	81142
formulates policy on behalf of the public employer, who	81143
responsibly directs the implementation of policy, or who may	81144
reasonably be required on behalf of the public employer to assist	81145
in the preparation for the conduct of collective negotiations,	81146
administer collectively negotiated agreements, or have a major	81147
role in personnel administration. Assistant superintendents,	81148
principals, and assistant principals whose employment is governed	81149
by section 3319.02 of the Revised Code are management level	81150
employees. With respect to members of a faculty of a state	81151
institution of higher education, no person is a management level	81152
employee because of the person's involvement in the formulation or	81153
implementation of academic or institution policy.	81154

(M) "Wages" means hourly rates of pay, salaries, or other	81155
forms of compensation for services rendered.	81156

(N) "Member of a police department" means a person who is in	81157
the employ of a police department of a municipal corporation as a	81158
full-time regular police officer as the result of an appointment	81159
from a duly established civil service eligibility list or under	81160
section 737.15 or 737.16 of the Revised Code, a full-time deputy	81161
sheriff appointed under section 311.04 of the Revised Code, a	81162
township constable appointed under section 509.01 of the Revised	81163
Code, or a member of a township or joint police district police	81164
department appointed under section 505.49 of the Revised Code.	81165

(O) "Members of the state highway patrol" means highway	81166
patrol troopers and radio operators appointed under section	81167
5503.01 of the Revised Code.	81168

(P) "Member of a fire department" means a person who is in	81169
the employ of a fire department of a municipal corporation or a	81170
township as a fire cadet, full-time regular firefighter, or	81171
promoted rank as the result of an appointment from a duly	81172
established civil service eligibility list or under section	81173
505.38, 709.012, or 737.22 of the Revised Code.	81174

(Q) "Day" means calendar day.

81175

Sec. 4117.03. (A) Public employees have the right to:

81176

(1) Form, join, assist, or participate in, or refrain from	81177
forming, joining, assisting, or participating in, except as	81178
otherwise provided in Chapter 4117. of the Revised Code, any	81179
employee organization of their own choosing;	81180

(2) Engage in other concerted activities for the purpose of	81181
collective bargaining or other mutual aid and protection;	81182

(3) Representation by an employee organization;

81183

(4) Bargain collectively with their public employers to	81184
determine wages, hours, terms and other conditions of employment	81185
and the continuation, modification, or deletion of an existing	81186
provision of a collective bargaining agreement, and enter into	81187
collective bargaining agreements;	81188

(5) Present grievances and have them adjusted, without the	81189
intervention of the bargaining representative, as long as the	81190
adjustment is not inconsistent with the terms of the collective	81191
bargaining agreement then in effect and as long as the bargaining	81192
representatives have the opportunity to be present at the	81193
adjustment.	81194

(B) Persons on active duty or acting in any capacity as	81195
members of the organized militia do not have collective bargaining	81196
rights.	81197

(C) Except as provided in division (D) of this section,	81198
nothing in Chapter 4117. of the Revised Code prohibits public	81199
employers from electing to engage in collective bargaining, to	81200
meet and confer, to hold discussions, or to engage in any other	81201
form of collective negotiations with public employees who are not	81202
subject to Chapter 4117. of the Revised Code pursuant to division	81203
(C) of section 4117.01 of the Revised Code.	81204

(D) A public employer shall not engage in collective	81205
bargaining or other forms of collective negotiations with the	81206
employees of county boards of elections referred to in division	81207
(C)(12) of section 4117.01 of the Revised Code.	81208

(E) Employees of public schools may bargain collectively for	81209
health care benefits~~; however, all health care benefits shall~~	81210
~~include best practices prescribed by the school employees health~~	81211
~~care board, in accordance with section 9.901 of the Revised Code~~.	81212

Sec. 4121.03. (A) The governor shall appoint from among the	81213
members of the industrial commission the chairperson of the	81214
industrial commission. The chairperson shall serve as chairperson	81215
at the pleasure of the governor. The chairperson is the head of	81216
the commission and its chief executive officer.	81217

(B) The chairperson shall appoint, after consultation with	81218
other commission members and obtaining the approval of at least	81219
one other commission member, an executive director of the	81220
commission. The executive director shall serve at the pleasure of	81221
the chairperson. The executive director, under the direction of	81222
the chairperson, shall perform all of the following duties:	81223

(1) Act as chief administrative officer for the commission;

81224

(2) Ensure that all commission personnel follow the rules of	81225
the commission;	81226

(3) Ensure that all orders, awards, and determinations are	81227
properly heard and signed, prior to attesting to the documents;	81228

(4) Coordinate, to the fullest extent possible, commission	81229
activities with the bureau of workers' compensation activities;	81230

(5) Do all things necessary for the efficient and effective	81231
implementation of the duties of the commission.	81232

The responsibilities assigned to the executive director of	81233
the commission do not relieve the chairperson from final	81234
responsibility for the proper performance of the acts specified in	81235
this division.	81236

81237

(1) Except as otherwise provided in this division, employ,	81238
promote, supervise, remove, and establish the compensation of all	81239
employees as needed in connection with the performance of the	81240
commission's duties under this chapter and Chapters 4123., 4127.,	81241
and 4131. of the Revised Code and may assign to them their duties	81242
to the extent necessary to achieve the most efficient performance	81243
of its functions, and to that end may establish, change, or	81244
abolish positions, and assign and reassign duties and	81245
responsibilities of every employee of the commission. The civil	81246
service status of any person employed by the commission prior to	81247
November 3, 1989, is not affected by this section. Personnel	81248
employed by the bureau or the commission who are subject to	81249
Chapter 4117. of the Revised Code shall retain all of their rights	81250
and benefits conferred pursuant to that chapter as it presently	81251
exists or is hereafter amended and nothing in this chapter or	81252
Chapter 4123. of the Revised Code shall be construed as	81253
eliminating or interfering with Chapter 4117. of the Revised Code	81254
or the rights and benefits conferred under that chapter to public	81255
employees or to any bargaining unit.	81256

(2) Hire district and staff hearing officers after	81257
consultation with other commission members and obtaining the	81258
approval of at least one other commission member;	81259

(3) Fire staff and district hearing officers when the	81260
chairperson finds appropriate after obtaining the approval of at	81261
least one other commission member;	81262

(4) Maintain the office for the commission in Columbus;

81263

(5) To the maximum extent possible, use electronic data	81264
processing equipment for the issuance of orders immediately	81265
following a hearing, scheduling of hearings and medical	81266
examinations, tracking of claims, retrieval of information, and	81267
any other matter within the commission's jurisdiction, and shall	81268
provide and input information into the electronic data processing	81269
equipment as necessary to effect the success of the claims	81270
tracking system established pursuant to division (B)(15) of	81271
section 4121.121 of the Revised Code;	81272

(6) Exercise all administrative and nonadjudicatory powers	81273
and duties conferred upon the commission by Chapters 4121., 4123.,	81274
4127., and 4131. of the Revised Code;	81275

(7) Approve all contracts for special services.

81276

(D) The chairperson is responsible for all administrative	81277
matters and may secure for the commission facilities, equipment,	81278
and supplies necessary to house the commission, any employees, and	81279
files and records under the commission's control and to discharge	81280
any duty imposed upon the commission by law, the expense thereof	81281
to be audited and paid in the same manner as other state expenses.	81282
For that purpose, the chairperson, separately from the budget	81283
prepared by the administrator of workers' compensation ~~and the~~	81284
~~budget prepared by the director of the workers' compensation~~	81285
~~council~~, shall prepare and submit to the office of budget and	81286
management a budget for each biennium according to sections	81287
101.532 and 107.03 of the Revised Code. The budget submitted shall	81288
cover the costs of the commission and staff and district hearing	81289
officers in the discharge of any duty imposed upon the	81290
chairperson, the commission, and hearing officers by law.	81291

(E) A majority of the commission constitutes a quorum to	81292
transact business. No vacancy impairs the rights of the remaining	81293
members to exercise all of the powers of the commission, so long	81294
as a majority remains. Any investigation, inquiry, or hearing that	81295
the commission may hold or undertake may be held or undertaken by	81296
or before any one member of the commission, or before one of the	81297
deputies of the commission, except as otherwise provided in this	81298
chapter and Chapters 4123., 4127., and 4131. of the Revised Code.	81299
Every order made by a member, or by a deputy, when approved and	81300
confirmed by a majority of the members, and so shown on its record	81301
of proceedings, is the order of the commission. The commission may	81302
hold sessions at any place within the state. The commission is	81303
responsible for all of the following:	81304

(1) Establishing the overall adjudicatory policy and	81305
management of the commission under this chapter and Chapters	81306
4123., 4127., and 4131. of the Revised Code, except for those	81307
administrative matters within the jurisdiction of the chairperson,	81308
bureau of workers' compensation, and the administrator of workers'	81309
compensation under those chapters;	81310

(2) Hearing appeals and reconsiderations under this chapter	81311
and Chapters 4123., 4127., and 4131. of the Revised Code;	81312

(3) Engaging in rulemaking where required by this chapter or	81313
Chapter 4123., 4127., or 4131. of the Revised Code.	81314

Sec. 4121.12. (A) There is hereby created the bureau of	81315
workers' compensation board of directors consisting of eleven	81316
members to be appointed by the governor with the advice and	81317
consent of the senate. One member shall be an individual who, on	81318
account of the individual's previous vocation, employment, or	81319
affiliations, can be classed as a representative of employees; two	81320
members shall be individuals who, on account of their previous	81321
vocation, employment, or affiliations, can be classed as	81322
representatives of employee organizations and at least one of	81323
these two individuals shall be a member of the executive committee	81324
of the largest statewide labor federation; three members shall be	81325
individuals who, on account of their previous vocation,	81326
employment, or affiliations, can be classed as representatives of	81327
employers, one of whom represents self-insuring employers, one of	81328
whom is a state fund employer who employs one hundred or more	81329
employees, and one of whom is a state fund employer who employs	81330
less than one hundred employees; two members shall be individuals	81331
who, on account of their vocation, employment, or affiliations,	81332
can be classed as investment and securities experts who have	81333
direct experience in the management, analysis, supervision, or	81334
investment of assets and are residents of this state; one member	81335
who shall be a certified public accountant; one member who shall	81336
be an actuary who is a member in good standing with the American	81337
academy of actuaries or who is an associate or fellow with the	81338
casualty actuarial society; and one member shall represent the	81339
public and also be an individual who, on account of the	81340
individual's previous vocation, employment, or affiliations,	81341
cannot be classed as either predominantly representative of	81342
employees or of employers. The governor shall select the	81343
chairperson of the board who shall serve as chairperson at the	81344
pleasure of the governor.	81345

None of the members of the board, within one year immediately	81346
preceding the member's appointment, shall have been employed by	81347
the bureau of workers' compensation or by any person, partnership,	81348
or corporation that has provided to the bureau services of a	81349
financial or investment nature, including the management,	81350
analysis, supervision, or investment of assets.	81351

(B) Of the initial appointments made to the board, the	81352
governor shall appoint the member who represents employees, one	81353
member who represents employers, and the member who represents the	81354
public to a term ending one year after June 11, 2007; one member	81355
who represents employers, one member who represents employee	81356
organizations, one member who is an investment and securities	81357
expert, and the member who is a certified public accountant to a	81358
term ending two years after June 11, 2007; and one member who	81359
represents employers, one member who represents employee	81360
organizations, one member who is an investment and securities	81361
expert, and the member who is an actuary to a term ending three	81362
years after June 11, 2007. Thereafter, terms of office shall be	81363
for three years, with each term ending on the same day of the same	81364
month as did the term that it succeeds. Each member shall hold	81365
office from the date of the member's appointment until the end of	81366
the term for which the member was appointed.	81367

Members may be reappointed. Any member appointed to fill a	81368
vacancy occurring prior to the expiration date of the term for	81369
which the member's predecessor was appointed shall hold office as	81370
a member for the remainder of that term. A member shall continue	81371
in office subsequent to the expiration date of the member's term	81372
until a successor takes office or until a period of sixty days has	81373
elapsed, whichever occurs first.	81374

(C) In making appointments to the board, the governor shall	81375
select the members from the list of names submitted by the	81376
workers' compensation board of directors nominating committee	81377
pursuant to this division. The nominating committee shall submit	81378
to the governor a list containing four separate names for each of	81379
the members on the board. Within fourteen days after the	81380
submission of the list, the governor shall appoint individuals	81381
from the list.	81382

At least thirty days prior to a vacancy occurring as a result	81383
of the expiration of a term and within thirty days after other	81384
vacancies occurring on the board, the nominating committee shall	81385
submit an initial list containing four names for each vacancy.	81386
Within fourteen days after the submission of the initial list, the	81387
governor either shall appoint individuals from that list or	81388
request the nominating committee to submit another list of four	81389
names for each member the governor has not appointed from the	81390
initial list, which list the nominating committee shall submit to	81391
the governor within fourteen days after the governor's request.	81392
The governor then shall appoint, within seven days after the	81393
submission of the second list, one of the individuals from either	81394
list to fill the vacancy for which the governor has not made an	81395
appointment from the initial list. If the governor appoints an	81396
individual to fill a vacancy occurring as a result of the	81397
expiration of a term, the individual appointed shall begin serving	81398
as a member of the board when the term for which the individual's	81399
predecessor was appointed expires or immediately upon appointment	81400
by the governor, whichever occurs later. With respect to the	81401
filling of vacancies, the nominating committee shall provide the	81402
governor with a list of four individuals who are, in the judgment	81403
of the nominating committee, the most fully qualified to accede to	81404
membership on the board.	81405

In order for the name of an individual to be submitted to the	81406
governor under this division, the nominating committee shall	81407
approve the individual by an affirmative vote of a majority of its	81408
members.	81409

(D) All members of the board shall receive their reasonable	81410
and necessary expenses pursuant to section 126.31 of the Revised	81411
Code while engaged in the performance of their duties as members	81412
and also shall receive an annual salary not to exceed sixty	81413
thousand dollars in total, payable on the following basis:	81414

(1) Except as provided in division (D)(2) of this section, a	81415
member shall receive two thousand five hundred dollars during a	81416
month in which the member attends one or more meetings of the	81417
board and shall receive no payment during a month in which the	81418
member attends no meeting of the board.	81419

(2) A member may receive no more than thirty thousand dollars	81420
per year to compensate the member for attending meetings of the	81421
board, regardless of the number of meetings held by the board	81422
during a year or the number of meetings in excess of twelve within	81423
a year that the member attends.	81424

(3) Except as provided in division (D)(4) of this section, if	81425
a member serves on the workers' compensation audit committee,	81426
workers' compensation actuarial committee, or the workers'	81427
compensation investment committee, the member shall receive two	81428
thousand five hundred dollars during a month in which the member	81429
attends one or more meetings of the committee on which the member	81430
serves and shall receive no payment during any month in which the	81431
member attends no meeting of that committee.	81432

(4) A member may receive no more than thirty thousand dollars	81433
per year to compensate the member for attending meetings of any of	81434
the committees specified in division (D)(3) of this section,	81435
regardless of the number of meetings held by a committee during a	81436
year or the number of committees on which a member serves.	81437

The chairperson of the board shall set the meeting dates of	81438
the board as necessary to perform the duties of the board under	81439
this chapter and Chapters 4123., 4125., 4127., 4131., and 4167. of	81440
the Revised Code. The board shall meet at least twelve times a	81441
year. The administrator of workers' compensation shall provide	81442
professional and clerical assistance to the board, as the board	81443
considers appropriate.	81444

(E) Before entering upon the duties of office, each appointed	81445
member of the board shall take an oath of office as required by	81446
sections 3.22 and 3.23 of the Revised Code and file in the office	81447
of the secretary of state the bond required under section 4121.127	81448
of the Revised Code.	81449

(F) The board shall:

81450

(1) Establish the overall administrative policy for the	81451
bureau for the purposes of this chapter and Chapters 4123., 4125.,	81452
4127., 4131., and 4167. of the Revised Code;	81453

(2) Review progress of the bureau in meeting its cost and	81454
quality objectives and in complying with this chapter and Chapters	81455
4123., 4125., 4127., 4131., and 4167. of the Revised Code;	81456

(3) Submit an annual report to the president of the senate,	81457
the speaker of the house of representatives, and the governor~~, and~~	81458
~~the workers' compensation council~~ and include all of the following	81459
in that report:	81460

(a) An evaluation of the cost and quality objectives of the	81461
bureau;	81462

(b) A statement of the net assets available for the provision	81463
of compensation and benefits under this chapter and Chapters	81464
4123., 4127., and 4131. of the Revised Code as of the last day of	81465
the fiscal year;	81466

(c) A statement of any changes that occurred in the net	81467
assets available, including employer premiums and net investment	81468
income, for the provision of compensation and benefits and payment	81469
of administrative expenses, between the first and last day of the	81470
fiscal year immediately preceding the date of the report;	81471

(d) The following information for each of the six consecutive	81472
fiscal years occurring previous to the report:	81473

(i) A schedule of the net assets available for compensation	81474
and benefits;	81475

(ii) The annual cost of the payment of compensation and	81476
benefits;	81477

(iii) Annual administrative expenses incurred;

81478

(iv) Annual employer premiums allocated for the provision of	81479
compensation and benefits.	81480

(e) A description of any significant changes that occurred	81481
during the six years for which the board provided the information	81482
required under division (F)(3)(d) of this section that affect the	81483
ability of the board to compare that information from year to	81484
year.	81485

(4) Review all independent financial audits of the bureau.	81486
The administrator shall provide access to records of the bureau to	81487
facilitate the review required under this division.	81488

(5) Study issues as requested by the administrator or the	81489
governor;	81490

(6) Contract with all of the following:

81491

(a) An independent actuarial firm to assist the board in	81492
making recommendations to the administrator regarding premium	81493
rates;	81494

(b) An outside investment counsel to assist the workers'	81495
compensation investment committee in fulfilling its duties;	81496

(c) An independent fiduciary counsel to assist the board in	81497
the performance of its duties.	81498

(7) Approve the investment policy developed by the workers'	81499
compensation investment committee pursuant to section 4121.129 of	81500
the Revised Code if the policy satisfies the requirements	81501
specified in section 4123.442 of the Revised Code.	81502

(8) Review and publish the investment policy no less than	81503
annually and make copies available to interested parties.	81504

(9) Prohibit, on a prospective basis, any specific investment	81505
it finds to be contrary to the investment policy approved by the	81506
board.	81507

(10) Vote to open each investment class and allow the	81508
administrator to invest in an investment class only if the board,	81509
by a majority vote, opens that class;	81510

(11) After opening a class but prior to the administrator	81511
investing in that class, adopt rules establishing due diligence	81512
standards for employees of the bureau to follow when investing in	81513
that class and establish policies and procedures to review and	81514
monitor the performance and value of each investment class;	81515

(12) Submit a report annually on the performance and value of	81516
each investment class to the governor, the president and minority	81517
leader of the senate, and the speaker and minority leader of the	81518
house of representatives~~, and the workers' compensation council~~.	81519

(13) Advise and consent on all of the following:

81520

(a) Administrative rules the administrator submits to it	81521
pursuant to division (B)(5) of section 4121.121 of the Revised	81522
Code for the classification of occupations or industries, for	81523
premium rates and contributions, for the amount to be credited to	81524
the surplus fund, for rules and systems of rating, rate revisions,	81525
and merit rating;	81526

(b) The duties and authority conferred upon the administrator	81527
pursuant to section 4121.37 of the Revised Code;	81528

(c) Rules the administrator adopts for the health partnership	81529
program and the qualified health plan system, as provided in	81530
sections 4121.44, 4121.441, and 4121.442 of the Revised Code;	81531

(d) Rules the administrator submits to it pursuant to Chapter	81532
4167. of the Revised Code regarding the public employment risk	81533
reduction program and the protection of public health care workers	81534
from exposure incidents.	81535

As used in this division, "public health care worker" and	81536
"exposure incident" have the same meanings as in section 4167.25	81537
of the Revised Code.	81538

(14) Perform all duties required under this chapter and	81539
Chapters 4123., 4125., 4127., 4131., and 4167. of the Revised	81540
Code;	81541

(15) Meet with the governor on an annual basis to discuss the	81542
administrator's performance of the duties specified in this	81543
chapter and Chapters 4123., 4125., 4127., 4131., and 4167. of the	81544
Revised Code;	81545

(16) Develop and participate in a bureau of workers'	81546
compensation board of directors education program that consists of	81547
all of the following:	81548

(a) An orientation component for newly appointed members;

81549

(b) A continuing education component for board members who	81550
have served for at least one year;	81551

(c) A curriculum that includes education about each of the	81552
following topics:	81553

(i) Board member duties and responsibilities;

81554

(ii) Compensation and benefits paid pursuant to this chapter	81555
and Chapters 4123., 4127., and 4131. of the Revised Code;	81556

(iii) Ethics;

81557

(iv) Governance processes and procedures;

81558

(v) Actuarial soundness;

81559

(vi) Investments;

81560

(vii) Any other subject matter the board believes is	81561
reasonably related to the duties of a board member.	81562

(17) ~~Submit the program developed pursuant to division~~	81563
~~(F)(16) of this section to the workers' compensation council for~~	81564
~~approval;~~	81565

~~(18)~~ Hold all sessions, classes, and other events for the	81566
program developed pursuant to division (F)(16) of this section in	81567
this state.	81568

(G) The board may do both of the following:

81569

(1) Vote to close any investment class;

81570

(2) Create any committees in addition to the workers'	81571
compensation audit committee, the workers' compensation actuarial	81572
committee, and the workers' compensation investment committee that	81573
the board determines are necessary to assist the board in	81574
performing its duties.	81575

(H) The office of a member of the board who is convicted of	81576
or pleads guilty to a felony, a theft offense as defined in	81577
section 2913.01 of the Revised Code, or a violation of section	81578
102.02, 102.03, 102.04, 2921.02, 2921.11, 2921.13, 2921.31,	81579
2921.41, 2921.42, 2921.43, or 2921.44 of the Revised Code shall be	81580
deemed vacant. The vacancy shall be filled in the same manner as	81581
the original appointment. A person who has pleaded guilty to or	81582
been convicted of an offense of that nature is ineligible to be a	81583
member of the board. A member who receives a bill of indictment	81584
for any of the offenses specified in this section shall be	81585
automatically suspended from the board pending resolution of the	81586
criminal matter.	81587

(I) For the purposes of division (G)(1) of section 121.22 of	81588
the Revised Code, the meeting between the governor and the board	81589
to review the administrator's performance as required under	81590
division (F)(15) of this section shall be considered a meeting	81591
regarding the employment of the administrator.	81592

Sec. 4121.121. (A) There is hereby created the bureau of	81593
workers' compensation, which shall be administered by the	81594
administrator of workers' compensation. A person appointed to the	81595
position of administrator shall possess significant management	81596
experience in effectively managing an organization or	81597
organizations of substantial size and complexity. A person	81598
appointed to the position of administrator also shall possess a	81599
minimum of five years of experience in the field of workers'	81600
compensation insurance or in another insurance industry, except as	81601
otherwise provided when the conditions specified in division (C)	81602
of this section are satisfied. The governor shall appoint the	81603
administrator as provided in section 121.03 of the Revised Code,	81604
and the administrator shall serve at the pleasure of the governor.	81605
The governor shall fix the administrator's salary on the basis of	81606
the administrator's experience and the administrator's	81607
responsibilities and duties under this chapter and Chapters 4123.,	81608
4125., 4127., 4131., and 4167. of the Revised Code. The governor	81609
shall not appoint to the position of administrator any person who	81610
has, or whose spouse has, given a contribution to the campaign	81611
committee of the governor in an amount greater than one thousand	81612
dollars during the two-year period immediately preceding the date	81613
of the appointment of the administrator.	81614

The administrator shall hold no other public office and shall	81615
devote full time to the duties of administrator. Before entering	81616
upon the duties of the office, the administrator shall take an	81617
oath of office as required by sections 3.22 and 3.23 of the	81618
Revised Code, and shall file in the office of the secretary of	81619
state, a bond signed by the administrator and by surety approved	81620
by the governor, for the sum of fifty thousand dollars payable to	81621
the state, conditioned upon the faithful performance of the	81622
administrator's duties.	81623

(B) The administrator is responsible for the management of	81624
the bureau and for the discharge of all administrative duties	81625
imposed upon the administrator in this chapter and Chapters 4123.,	81626
4125., 4127., 4131., and 4167. of the Revised Code, and in the	81627
discharge thereof shall do all of the following:	81628

(1) Perform all acts and exercise all authorities and powers,	81629
discretionary and otherwise that are required of or vested in the	81630
bureau or any of its employees in this chapter and Chapters 4123.,	81631
4125., 4127., 4131., and 4167. of the Revised Code, except the	81632
acts and the exercise of authority and power that is required of	81633
and vested in the bureau of workers' compensation board of	81634
directors or the industrial commission pursuant to those chapters.	81635
The treasurer of state shall honor all warrants signed by the	81636
administrator, or by one or more of the administrator's employees,	81637
authorized by the administrator in writing, or bearing the	81638
facsimile signature of the administrator or such employee under	81639
sections 4123.42 and 4123.44 of the Revised Code.	81640

(2) Employ, direct, and supervise all employees required in	81641
connection with the performance of the duties assigned to the	81642
bureau by this chapter and Chapters 4123., 4125., 4127., 4131.,	81643
and 4167. of the Revised Code, including an actuary, and may	81644
establish job classification plans and compensation for all	81645
employees of the bureau provided that this grant of authority	81646
shall not be construed as affecting any employee for whom the	81647
state employment relations board has established an appropriate	81648
bargaining unit under section 4117.06 of the Revised Code. All	81649
positions of employment in the bureau are in the classified civil	81650
service except those employees the administrator may appoint to	81651
serve at the administrator's pleasure in the unclassified civil	81652
service pursuant to section 124.11 of the Revised Code. The	81653
administrator shall fix the salaries of employees the	81654
administrator appoints to serve at the administrator's pleasure,	81655
including the chief operating officer, staff physicians, and other	81656
senior management personnel of the bureau and shall establish the	81657
compensation of staff attorneys of the bureau's legal section and	81658
their immediate supervisors, and take whatever steps are necessary	81659
to provide adequate compensation for other staff attorneys.	81660

The administrator may appoint a person who holds a certified	81661
position in the classified service within the bureau to a position	81662
in the unclassified service within the bureau. A person appointed	81663
pursuant to this division to a position in the unclassified	81664
service shall retain the right to resume the position and status	81665
held by the person in the classified service immediately prior to	81666
the person's appointment in the unclassified service, regardless	81667
of the number of positions the person held in the unclassified	81668
service. An employee's right to resume a position in the	81669
classified service may only be exercised when the administrator	81670
demotes the employee to a pay range lower than the employee's	81671
current pay range or revokes the employee's appointment to the	81672
unclassified service. An employee forfeits the right to resume a	81673
position in the classified service when the employee is removed	81674
from the position in the unclassified service due to incompetence,	81675
inefficiency, dishonesty, drunkenness, immoral conduct,	81676
insubordination, discourteous treatment of the public, neglect of	81677
duty, violation of this chapter or Chapter 124., 4123., 4125.,	81678
4127., 4131., or 4167. of the Revised Code, violation of the rules	81679
of the director of administrative services or the administrator,	81680
any other failure of good behavior, any other acts of misfeasance,	81681
malfeasance, or nonfeasance in office, or conviction of a felony.	81682
An employee also forfeits the right to resume a position in the	81683
classified service upon transfer to a different agency.	81684

Reinstatement to a position in the classified service shall	81685
be to a position substantially equal to that position in the	81686
classified service held previously, as certified by the department	81687
of administrative services. If the position the person previously	81688
held in the classified service has been placed in the unclassified	81689
service or is otherwise unavailable, the person shall be appointed	81690
to a position in the classified service within the bureau that the	81691
director of administrative services certifies is comparable in	81692
compensation to the position the person previously held in the	81693
classified service. Service in the position in the unclassified	81694
service shall be counted as service in the position in the	81695
classified service held by the person immediately prior to the	81696
person's appointment in the unclassified service. When a person is	81697
reinstated to a position in the classified service as provided in	81698
this division, the person is entitled to all rights, status, and	81699
benefits accruing to the position during the person's time of	81700
service in the position in the unclassified service.	81701

(3) Reorganize the work of the bureau, its sections,	81702
departments, and offices to the extent necessary to achieve the	81703
most efficient performance of its functions and to that end may	81704
establish, change, or abolish positions and assign and reassign	81705
duties and responsibilities of every employee of the bureau. All	81706
persons employed by the commission in positions that, after	81707
November 3, 1989, are supervised and directed by the administrator	81708
under this section are transferred to the bureau in their	81709
respective classifications but subject to reassignment and	81710
reclassification of position and compensation as the administrator	81711
determines to be in the interest of efficient administration. The	81712
civil service status of any person employed by the commission is	81713
not affected by this section. Personnel employed by the bureau or	81714
the commission who are subject to Chapter 4117. of the Revised	81715
Code shall retain all of their rights and benefits conferred	81716
pursuant to that chapter as it presently exists or is hereafter	81717
amended and nothing in this chapter or Chapter 4123. of the	81718
Revised Code shall be construed as eliminating or interfering with	81719
Chapter 4117. of the Revised Code or the rights and benefits	81720
conferred under that chapter to public employees or to any	81721
bargaining unit.	81722

(4) Provide offices, equipment, supplies, and other	81723
facilities for the bureau.	81724

(5) Prepare and submit to the board information the	81725
administrator considers pertinent or the board requires, together	81726
with the administrator's recommendations, in the form of	81727
administrative rules, for the advice and consent of the board, for	81728
classifications of occupations or industries, for premium rates	81729
and contributions, for the amount to be credited to the surplus	81730
fund, for rules and systems of rating, rate revisions, and merit	81731
rating. The administrator shall obtain, prepare, and submit any	81732
other information the board requires for the prompt and efficient	81733
discharge of its duties.	81734

(6) Keep the accounts required by division (A) of section	81735
4123.34 of the Revised Code and all other accounts and records	81736
necessary to the collection, administration, and distribution of	81737
the workers' compensation funds and shall obtain the statistical	81738
and other information required by section 4123.19 of the Revised	81739
Code.	81740

(7) Exercise the investment powers vested in the	81741
administrator by section 4123.44 of the Revised Code in accordance	81742
with the investment policy approved by the board pursuant to	81743
section 4121.12 of the Revised Code and in consultation with the	81744
chief investment officer of the bureau of workers' compensation.	81745
The administrator shall not engage in any prohibited investment	81746
activity specified by the board pursuant to division (F)(9) of	81747
section 4121.12 of the Revised Code and shall not invest in any	81748
type of investment specified in divisions (B)(1) to (10) of	81749
section 4123.442 of the Revised Code. All business shall be	81750
transacted, all funds invested, all warrants for money drawn and	81751
payments made, and all cash and securities and other property	81752
held, in the name of the bureau, or in the name of its nominee,	81753
provided that nominees are authorized by the administrator solely	81754
for the purpose of facilitating the transfer of securities, and	81755
restricted to the administrator and designated employees.	81756

(8) Make contracts for and supervise the construction of any	81757
project or improvement or the construction or repair of buildings	81758
under the control of the bureau.	81759

(9) Purchase supplies, materials, equipment, and services;	81760
make contracts for, operate, and superintend the telephone, other	81761
telecommunication, and computer services for the use of the	81762
bureau; and make contracts in connection with office reproduction,	81763
forms management, printing, and other services. Notwithstanding	81764
sections 125.12 to 125.14 of the Revised Code, the administrator	81765
may transfer surplus computers and computer equipment directly to	81766
an accredited public school within the state. The computers and	81767
computer equipment may be repaired or refurbished prior to the	81768
transfer.	81769

(10) Prepare and submit to the board an annual budget for	81770
internal operating purposes for the board's approval. The	81771
administrator also shall, separately from the budget the	81772
industrial commission submits ~~and from the budget the director of~~	81773
~~the workers' compensation council submits~~, prepare and submit to	81774
the director of budget and management a budget for each biennium.	81775
The budgets submitted to the board and the director shall include	81776
estimates of the costs and necessary expenditures of the bureau in	81777
the discharge of any duty imposed by law.	81778

(11) As promptly as possible in the course of efficient	81779
administration, decentralize and relocate such of the personnel	81780
and activities of the bureau as is appropriate to the end that the	81781
receipt, investigation, determination, and payment of claims may	81782
be undertaken at or near the place of injury or the residence of	81783
the claimant and for that purpose establish regional offices, in	81784
such places as the administrator considers proper, capable of	81785
discharging as many of the functions of the bureau as is	81786
practicable so as to promote prompt and efficient administration	81787
in the processing of claims. All active and inactive lost-time	81788
claims files shall be held at the service office responsible for	81789
the claim. A claimant, at the claimant's request, shall be	81790
provided with information by telephone as to the location of the	81791
file pertaining to the claimant's claim. The administrator shall	81792
ensure that all service office employees report directly to the	81793
director for their service office.	81794

(12) Provide a written binder on new coverage where the	81795
administrator considers it to be in the best interest of the risk.	81796
The administrator, or any other person authorized by the	81797
administrator, shall grant the binder upon submission of a request	81798
for coverage by the employer. A binder is effective for a period	81799
of thirty days from date of issuance and is nonrenewable. Payroll	81800
reports and premium charges shall coincide with the effective date	81801
of the binder.	81802

(13) Set standards for the reasonable and maximum handling	81803
time of claims payment functions, ensure, by rules, the impartial	81804
and prompt treatment of all claims and employer risk accounts, and	81805
establish a secure, accurate method of time stamping all incoming	81806
mail and documents hand delivered to bureau employees.	81807

(14) Ensure that all employees of the bureau follow the	81808
orders and rules of the commission as such orders and rules relate	81809
to the commission's overall adjudicatory policy-making and	81810
management duties under this chapter and Chapters 4123., 4127.,	81811
and 4131. of the Revised Code.	81812

(15) Manage and operate a data processing system with a	81813
common data base for the use of both the bureau and the commission	81814
and, in consultation with the commission, using electronic data	81815
processing equipment, shall develop a claims tracking system that	81816
is sufficient to monitor the status of a claim at any time and	81817
that lists appeals that have been filed and orders or	81818
determinations that have been issued pursuant to section 4123.511	81819
or 4123.512 of the Revised Code, including the dates of such	81820
filings and issuances.	81821

(16) Establish and maintain a medical section within the	81822
bureau. The medical section shall do all of the following:	81823

(a) Assist the administrator in establishing standard medical	81824
fees, approving medical procedures, and determining eligibility	81825
and reasonableness of the compensation payments for medical,	81826
hospital, and nursing services, and in establishing guidelines for	81827
payment policies which recognize usual, customary, and reasonable	81828
methods of payment for covered services;	81829

(b) Provide a resource to respond to questions from claims	81830
examiners for employees of the bureau;	81831

81832

(d) Implement a program to utilize, to the maximum extent	81833
possible, electronic data processing equipment for storage of	81834
information to facilitate authorizations of compensation payments	81835
for medical, hospital, drug, and nursing services;	81836

(e) Perform other duties assigned to it by the administrator.

81837

(17) Appoint, as the administrator determines necessary,	81838
panels to review and advise the administrator on disputes arising	81839
over a determination that a health care service or supply provided	81840
to a claimant is not covered under this chapter or Chapter 4123.,	81841
4127., or 4131. of the Revised Code or is medically unnecessary.	81842
If an individual health care provider is involved in the dispute,	81843
the panel shall consist of individuals licensed pursuant to the	81844
same section of the Revised Code as such health care provider.	81845

(18) Pursuant to section 4123.65 of the Revised Code, approve	81846
applications for the final settlement of claims for compensation	81847
or benefits under this chapter and Chapters 4123., 4127., and	81848
4131. of the Revised Code as the administrator determines	81849
appropriate, except in regard to the applications of self-insuring	81850
employers and their employees.	81851

(19) Comply with section 3517.13 of the Revised Code, and	81852
except in regard to contracts entered into pursuant to the	81853
authority contained in section 4121.44 of the Revised Code, comply	81854
with the competitive bidding procedures set forth in the Revised	81855
Code for all contracts into which the administrator enters	81856
provided that those contracts fall within the type of contracts	81857
and dollar amounts specified in the Revised Code for competitive	81858
bidding and further provided that those contracts are not	81859
otherwise specifically exempt from the competitive bidding	81860
procedures contained in the Revised Code.	81861

(20) Adopt, with the advice and consent of the board, rules	81862
for the operation of the bureau.	81863

(21) Prepare and submit to the board information the	81864
administrator considers pertinent or the board requires, together	81865
with the administrator's recommendations, in the form of	81866
administrative rules, for the advice and consent of the board, for	81867
the health partnership program and the qualified health plan	81868
system, as provided in sections 4121.44, 4121.441, and 4121.442 of	81869
the Revised Code.	81870

(C) The administrator, with the advice and consent of the	81871
senate, shall appoint a chief operating officer who has a minimum	81872
of five years of experience in the field of workers' compensation	81873
insurance or in another similar insurance industry if the	81874
administrator does not possess such experience. The chief	81875
operating officer shall not commence the chief operating officer's	81876
duties until after the senate consents to the chief operating	81877
officer's appointment. The chief operating officer shall serve in	81878
the unclassified civil service of the state.	81879

Sec. 4121.125. (A) The bureau of workers' compensation board	81880
of directors, based upon recommendations of the workers'	81881
compensation actuarial committee, may contract with one or more	81882
outside actuarial firms and other professional persons, as the	81883
board determines necessary, to assist the board in measuring the	81884
performance of Ohio's workers' compensation system and in	81885
comparing Ohio's workers' compensation system to other state and	81886
private workers' compensation systems. The board, actuarial firm	81887
or firms, and professional persons shall make such measurements	81888
and comparisons using accepted insurance industry standards,	81889
including, but not limited to, standards promulgated by the	81890
National Council on Compensation Insurance.	81891

(B) The board may contract with one or more outside firms to	81892
conduct management and financial audits of the workers'	81893
compensation system, including audits of the reserve fund	81894
belonging to the state insurance fund, and to establish objective	81895
quality management principles and methods by which to review the	81896
performance of the workers' compensation system.	81897

81898

(1) Contract to have prepared annually by or under the	81899
supervision of an actuary a report that meets the requirements	81900
specified under division (E) of this section and that consists of	81901
an actuarial valuation of the assets, liabilities, and funding	81902
requirements of the state insurance fund and all other funds	81903
specified in this chapter and Chapters 4123., 4127., and 4131. of	81904
the Revised Code;	81905

(2) Require that the actuary or person supervised by an	81906
actuary referred to in division (C)(1) of this section complete	81907
the valuation in accordance with the actuarial standards of	81908
practice promulgated by the actuarial standards board of the	81909
American academy of actuaries;	81910

(3) Submit the report referred to in division (C)(1) of this	81911
section to the ~~workers' compensation council and the~~ standing	81912
committees of the house of representatives and the senate with	81913
primary responsibility for workers' compensation legislation on or	81914
before the first day of November following the year for which the	81915
valuation was made;	81916

(4) Have an actuary or a person who provides actuarial	81917
services under the supervision of an actuary, at such time as the	81918
board determines, and at least once during the five-year period	81919
that commences on September 10, 2007, and once within each	81920
five-year period thereafter, conduct an actuarial investigation of	81921
the experience of employers, the mortality, service, and injury	81922
rate of employees, and the payment of temporary total disability,	81923
permanent partial disability, and permanent total disability under	81924
sections 4123.56 to 4123.58 of the Revised Code to update the	81925
actuarial assumptions used in the report required by division	81926
(C)(1) of this section;	81927

(5) Submit the report required under division (F) of this	81928
section to the ~~council and the~~ standing committees of the house of	81929
representatives and the senate with primary responsibility for	81930
workers' compensation legislation not later than the first day of	81931
November following the fifth year of the period that the report	81932
covers;	81933

(6) Have prepared by or under the supervision of an actuary	81934
an actuarial analysis of any introduced legislation expected to	81935
have a measurable financial impact on the workers' compensation	81936
system;	81937

(7) Submit the report required under division (G) of this	81938
section to the legislative service commission,and the standing	81939
committees of the house of representatives and the senate with	81940
primary responsibility for workers' compensation legislation~~, and~~	81941
~~the council~~ not later than sixty days after the date of	81942
introduction of the legislation.	81943

(D) The administrator of workers' compensation and the	81944
industrial commission shall compile information and provide access	81945
to records of the bureau and the industrial commission to the	81946
board to the extent necessary for fulfillment of both of the	81947
following requirements:	81948

(1) Conduct of the measurements and comparisons described in	81949
division (A) of this section;	81950

(2) Conduct of the management and financial audits and	81951
establishment of the principles and methods described in division	81952
(B) of this section.	81953

(E) The firm or person with whom the board contracts pursuant	81954
to division (C)(1) of this section shall prepare a report of the	81955
valuation and submit the report to the board. The firm or person	81956
shall include all of the following information in the report that	81957
is required under division (C)(1) of this section:	81958

(1) A summary of the compensation and benefit provisions	81959
evaluated;	81960

(2) A description of the actuarial assumptions and actuarial	81961
cost method used in the valuation;	81962

(3) A schedule showing the effect of any changes in the	81963
compensation and benefit provisions, actuarial assumptions, or	81964
cost methods since the previous annual actuarial valuation report	81965
was submitted to the board.	81966

(F) The actuary or person whom the board designates to	81967
conduct an actuarial investigation under division (C)(4) of this	81968
section shall prepare a report of the actuarial investigation and	81969
shall submit the report to the board. The actuary or person shall	81970
prepare the report and make any recommended changes in actuarial	81971
assumptions in accordance with the actuarial standards of practice	81972
promulgated by the actuarial standards board of the American	81973
academy of actuaries. The actuary or person shall include all of	81974
the following information in the report:	81975

(1) A summary of relevant decrement and economic assumption	81976
experience;	81977

(2) Recommended changes in actuarial assumptions to be used	81978
in subsequent actuarial valuations required by division (C)(1) of	81979
this section;	81980

(3) A measurement of the financial effect of the recommended	81981
changes in actuarial assumptions.	81982

(G) The actuary or person whom the board designates to	81983
conduct the actuarial analysis under division (C)(6) of this	81984
section shall prepare a report of the actuarial analysis and shall	81985
submit that report to the board. The actuary or person shall	81986
complete the analysis in accordance with the actuarial standards	81987
of practice promulgated by the actuarial standards board of the	81988
American academy of actuaries. The actuary or person shall include	81989
all of the following information in the report:	81990

(1) A summary of the statutory changes being evaluated;

81991

(2) A description of or reference to the actuarial	81992
assumptions and actuarial cost method used in the report;	81993

(3) A description of the participant group or groups included	81994
in the report;	81995

(4) A statement of the financial impact of the legislation,	81996
including the resulting increase, if any, in employer premiums, in	81997
actuarial accrued liabilities, and, if an increase in actuarial	81998
accrued liabilities is predicted, the per cent of premium increase	81999
that would be required to amortize the increase in those	82000
liabilities as a level per cent of employer premiums over a period	82001
not to exceed thirty years.	82002

(5) A statement of whether the employer premiums paid to the	82003
bureau of workers' compensation after the proposed change is	82004
enacted are expected to be sufficient to satisfy the funding	82005
objectives established by the board.	82006

(H) The board may, at any time, request an actuary to make	82007
any studies or actuarial valuations to determine the adequacy of	82008
the premium rates established by the administrator in accordance	82009
with sections 4123.29 and 4123.34 of the Revised Code, and may	82010
adjust those rates as recommended by the actuary.	82011

(I) The board shall have an independent auditor, at least	82012
once every ten years, conduct a fiduciary performance audit of the	82013
investment program of the bureau of workers' compensation. That	82014
audit shall include an audit of the investment policies approved	82015
by the board and investment procedures of the bureau. The board	82016
shall submit a copy of that audit to the auditor of state.	82017

(J) The administrator, with the advice and consent of the	82018
board, shall employ an internal auditor who shall report findings	82019
directly to the board, workers' compensation audit committee, and	82020
administrator, except that the internal auditor shall not report	82021
findings directly to the administrator when those findings involve	82022
malfeasance, misfeasance, or nonfeasance on the part of the	82023
administrator. The board and the workers' compensation audit	82024
committee may request and review internal audits conducted by the	82025
internal auditor.	82026

(K) The administrator shall pay the expenses incurred by the	82027
board to effectively fulfill its duties and exercise its powers	82028
under this section as the administrator pays other operating	82029
expenses of the bureau.	82030

Sec. 4121.128. The attorney general shall be the legal	82031
adviser of the bureau of workers' compensation board of directors	82032
~~and the workers' compensation council~~.	82033

Sec. 4121.44. (A) The administrator of workers' compensation	82034
shall oversee the implementation of the Ohio workers' compensation	82035
qualified health plan system as established under section 4121.442	82036
of the Revised Code.	82037

(B) The administrator shall direct the implementation of the	82038
health partnership program administered by the bureau as set forth	82039
in section 4121.441 of the Revised Code. To implement the health	82040
partnership program, the bureau:	82041

(1) Shall certify one or more external vendors, which shall	82042
be known as "managed care organizations," to provide medical	82043
management and cost containment services in the health partnership	82044
program for a period of two years beginning on the date of	82045
certification, consistent with the standards established under	82046
this section;	82047

(2) May recertify external vendors for additional periods of	82048
two years; and	82049

(3) May integrate the certified vendors with bureau staff and	82050
existing bureau services for purposes of operation and training to	82051
allow the bureau to assume operation of the health partnership	82052
program at the conclusion of the certification periods set forth	82053
in division (B)(1) or (2) of this section.	82054

(C) Any vendor selected shall demonstrate all of the	82055
following:	82056

(1) Arrangements and reimbursement agreements with a	82057
substantial number of the medical, professional and pharmacy	82058
providers currently being utilized by claimants.	82059

(2) Ability to accept a common format of medical bill data in	82060
an electronic fashion from any provider who wishes to submit	82061
medical bill data in that form.	82062

(3) A computer system able to handle the volume of medical	82063
bills and willingness to customize that system to the bureau's	82064
needs and to be operated by the vendor's staff, bureau staff, or	82065
some combination of both staffs.	82066

(4) A prescription drug system where pharmacies on a	82067
statewide basis have access to the eligibility and pricing, at a	82068
discounted rate, of all prescription drugs.	82069

(5) A tracking system to record all telephone calls from	82070
claimants and providers regarding the status of submitted medical	82071
bills so as to be able to track each inquiry.	82072

(6) Data processing capacity to absorb all of the bureau's	82073
medical bill processing or at least that part of the processing	82074
which the bureau arranges to delegate.	82075

(7) Capacity to store, retrieve, array, simulate, and model	82076
in a relational mode all of the detailed medical bill data so that	82077
analysis can be performed in a variety of ways and so that the	82078
bureau and its governing authority can make informed decisions.	82079

(8) Wide variety of software programs which translate medical	82080
terminology into standard codes, and which reveal if a provider is	82081
manipulating the procedures codes, commonly called "unbundling."	82082

(9) Necessary professional staff to conduct, at a minimum,	82083
authorizations for treatment, medical necessity, utilization	82084
review, concurrent review, post-utilization review, and have the	82085
attendant computer system which supports such activity and	82086
measures the outcomes and the savings.	82087

(10) Management experience and flexibility to be able to	82088
react quickly to the needs of the bureau in the case of required	82089
change in federal or state requirements.	82090

(D)(1) Information contained in a vendor's application for	82091
certification in the health partnership program, and other	82092
information furnished to the bureau by a vendor for purposes of	82093
obtaining certification or to comply with performance and	82094
financial auditing requirements established by the administrator,	82095
is for the exclusive use and information of the bureau in the	82096
discharge of its official duties, and shall not be open to the	82097
public or be used in any court in any proceeding pending therein,	82098
unless the bureau is a party to the action or proceeding, but the	82099
information may be tabulated and published by the bureau in	82100
statistical form for the use and information of other state	82101
departments and the public. No employee of the bureau, except as	82102
otherwise authorized by the administrator, shall divulge any	82103
information secured by the employee while in the employ of the	82104
bureau in respect to a vendor's application for certification or	82105
in respect to the business or other trade processes of any vendor	82106
to any person other than the administrator or to the employee's	82107
superior.	82108

(2) Notwithstanding the restrictions imposed by division	82109
(D)(1) of this section, the governor, members of select or	82110
standing committees of the senate or house of representatives, the	82111
auditor of state, the attorney general, or their designees,	82112
pursuant to the authority granted in this chapter and Chapter	82113
4123. of the Revised Code, may examine any vendor application or	82114
other information furnished to the bureau by the vendor. None of	82115
those individuals shall divulge any information secured in the	82116
exercise of that authority in respect to a vendor's application	82117
for certification or in respect to the business or other trade	82118
processes of any vendor to any person.	82119

(E) On and after January 1, 2001, a vendor shall not be any	82120
insurance company holding a certificate of authority issued	82121
pursuant to Title XXXIX of the Revised Code or any health insuring	82122
corporation holding a certificate of authority under Chapter 1751.	82123
of the Revised Code.	82124

(F) The administrator may limit freedom of choice of health	82125
care provider or supplier by requiring, beginning with the period	82126
set forth in division (B)(1) or (2) of this section, that	82127
claimants shall pay an appropriate out-of-plan copayment for	82128
selecting a medical provider not within the health partnership	82129
program as provided for in this section.	82130

(G) The administrator, six months prior to the expiration of	82131
the bureau's certification or recertification of the vendor or	82132
vendors as set forth in division (B)(1) or (2) of this section,	82133
may certify and provide evidence to the governor, the speaker of	82134
the house of representatives, and the president of the senate that	82135
the existing bureau staff is able to match or exceed the	82136
performance and outcomes of the external vendor or vendors and	82137
that the bureau should be permitted to internally administer the	82138
health partnership program upon the expiration of the	82139
certification or recertification as set forth in division (B)(1)	82140
or (2) of this section.	82141

(H) The administrator shall establish and operate a bureau of	82142
workers' compensation health care data program. The administrator	82143
shall develop reporting requirements from all employees, employers	82144
and medical providers, medical vendors, and plans that participate	82145
in the workers' compensation system. The administrator shall do	82146
all of the following:	82147

(1) Utilize the collected data to measure and perform	82148
comparison analyses of costs, quality, appropriateness of medical	82149
care, and effectiveness of medical care delivered by all	82150
components of the workers' compensation system.	82151

(2) Compile data to support activities of the selected vendor	82152
or vendors and to measure the outcomes and savings of the health	82153
partnership program.	82154

(3) Publish and report compiled data on the measures of	82155
outcomes and savings of the health partnership program and submit	82156
the report to the president of the senate, the speaker of the	82157
house of representatives, and the governor~~, and the workers'~~	82158
~~compensation council~~ with the annual report prepared under	82159
division (F)(3) of section 4121.12 of the Revised Code. The	82160
administrator shall protect the confidentiality of all proprietary	82161
pricing data.	82162

(I) Any rehabilitation facility the bureau operates is	82163
eligible for inclusion in the Ohio workers' compensation qualified	82164
health plan system or the health partnership program under the	82165
same terms as other providers within health care plans or the	82166
program.	82167

(J) In areas outside the state or within the state where no	82168
qualified health plan or an inadequate number of providers within	82169
the health partnership program exist, the administrator shall	82170
permit employees to use a nonplan or nonprogram health care	82171
provider and shall pay the provider for the services or supplies	82172
provided to or on behalf of an employee for an injury or	82173
occupational disease that is compensable under this chapter or	82174
Chapter 4123., 4127., or 4131. of the Revised Code on a fee	82175
schedule the administrator adopts.	82176

(K) No health care provider, whether certified or not, shall	82177
charge, assess, or otherwise attempt to collect from an employee,	82178
employer, a managed care organization, or the bureau any amount	82179
for covered services or supplies that is in excess of the allowed	82180
amount paid by a managed care organization, the bureau, or a	82181
qualified health plan.	82182

(L) The administrator shall permit any employer or group of	82183
employers who agree to abide by the rules adopted under this	82184
section and sections 4121.441 and 4121.442 of the Revised Code to	82185
provide services or supplies to or on behalf of an employee for an	82186
injury or occupational disease that is compensable under this	82187
chapter or Chapter 4123., 4127., or 4131. of the Revised Code	82188
through qualified health plans of the Ohio workers' compensation	82189
qualified health plan system pursuant to section 4121.442 of the	82190
Revised Code or through the health partnership program pursuant to	82191
section 4121.441 of the Revised Code. No amount paid under the	82192
qualified health plan system pursuant to section 4121.442 of the	82193
Revised Code by an employer who is a state fund employer shall be	82194
charged to the employer's experience or otherwise be used in	82195
merit-rating or determining the risk of that employer for the	82196
purpose of the payment of premiums under this chapter, and if the	82197
employer is a self-insuring employer, the employer shall not	82198
include that amount in the paid compensation the employer reports	82199
under section 4123.35 of the Revised Code.	82200

Sec. 4123.27. Information contained in the annual statement	82201
provided for in section 4123.26 of the Revised Code, and such	82202
other information as may be furnished to the bureau of workers'	82203
compensation by employers in pursuance of that section, is for the	82204
exclusive use and information of the bureau in the discharge of	82205
its official duties, and shall not be open to the public nor be	82206
used in any court in any action or proceeding pending therein	82207
unless the bureau is a party to the action or proceeding; but the	82208
information contained in the statement may be tabulated and	82209
published by the bureau in statistical form for the use and	82210
information of other state departments and the public. No person	82211
in the employ of the bureau, except those who are authorized by	82212
the administrator of workers' compensation, shall divulge any	82213
information secured by the person while in the employ of the	82214
bureau in respect to the transactions, property, claim files,	82215
records, or papers of the bureau or in respect to the business or	82216
mechanical, chemical, or other industrial process of any company,	82217
firm, corporation, person, association, partnership, or public	82218
utility to any person other than the administrator or to the	82219
superior of such employee of the bureau.	82220

Notwithstanding the restrictions imposed by this section, the	82221
governor, select or standing committees of the general assembly,	82222
the auditor of state, the attorney general, or their designees,	82223
pursuant to the authority granted in this chapter and Chapter	82224
4121. of the Revised Code, may examine any records, claim files,	82225
or papers in possession of the industrial commission or the	82226
bureau. They also are bound by the privilege that attaches to	82227
these papers.	82228

The administrator shall report to the director of job and	82229
family services or to the county director of job and family	82230
services the name, address, and social security number or other	82231
identification number of any person receiving workers'	82232
compensation whose name or social security number or other	82233
identification number is the same as that of a person required by	82234
a court or child support enforcement agency to provide support	82235
payments to a recipient or participant of public assistance, as	82236
that term is defined in section 5101.181 of the Revised Code, and	82237
whose name is submitted to the administrator by the director under	82238
section 5101.36 of the Revised Code. The administrator also shall	82239
inform the director of the amount of workers' compensation paid to	82240
the person during such period as the director specifies.	82241

Within fourteen days after receiving from the director of job	82242
and family services a list of the names and social security	82243
numbers of recipients or participants of public assistance	82244
pursuant to section 5101.181 of the Revised Code, the	82245
administrator shall inform the auditor of state of the name,	82246
current or most recent address, and social security number of each	82247
person receiving workers' compensation pursuant to this chapter	82248
whose name and social security number are the same as that of a	82249
person whose name or social security number was submitted by the	82250
director. The administrator also shall inform the auditor of state	82251
of the amount of workers' compensation paid to the person during	82252
such period as the director specifies.	82253

The bureau and its employees, except for purposes of	82254
furnishing the auditor of state with information required by this	82255
section, shall preserve the confidentiality of recipients or	82256
participants of public assistance in compliance with ~~division (A)~~	82257
of section 5101.181 of the Revised Code.	82258

~~For the purposes of this section, "public assistance" means~~	82259
~~medical assistance provided through the medical assistance program~~	82260
~~established under section 5111.01 of the Revised Code, Ohio works~~	82261
~~first provided under Chapter 5107. of the Revised Code,~~	82262
~~prevention, retention, and contingency benefits and services~~	82263
~~provided under Chapter 5108. of the Revised Code, or disability~~	82264
~~financial assistance provided under Chapter 5115. of the Revised~~	82265
~~Code.~~	82266

Sec. 4123.341. The administrative costs of the industrial	82267
commission, ~~the workers' compensation council,~~ the bureau of	82268
workers' compensation board of directors, and the bureau of	82269
workers' compensation shall be those costs and expenses that are	82270
incident to the discharge of the duties and performance of the	82271
activities of the industrial commission, ~~the council,~~ the board,	82272
and the bureau under this chapter and Chapters 4121., 4125.,	82273
4127., 4131., and 4167. of the Revised Code, and all such costs	82274
shall be borne by the state and by other employers amenable to	82275
this chapter as follows:	82276

(A) In addition to the contribution required of the state	82277
under sections 4123.39 and 4123.40 of the Revised Code, the state	82278
shall contribute the sum determined to be necessary under section	82279
4123.342 of the Revised Code.	82280

(B) The director of budget and management may allocate the	82281
state's share of contributions in the manner the director finds	82282
most equitably apportions the costs.	82283

(C) The counties and taxing districts therein shall	82284
contribute such sum as may be required under section 4123.342 of	82285
the Revised Code.	82286

(D) The private employers shall contribute the sum required	82287
under section 4123.342 of the Revised Code.	82288

Sec. 4123.342. (A) The administrator of workers'	82289
compensation shall allocate among counties and taxing districts	82290
therein as a class, the state and its instrumentalities as a	82291
class, private employers who are insured under the private fund as	82292
a class, and self-insuring employers as a class their fair shares	82293
of the administrative costs which are to be borne by such	82294
employers under division (D) of section 4123.341 of the Revised	82295
Code, separately allocating to each class those costs solely	82296
attributable to the activities of the industrial commission, ~~those~~	82297
~~costs solely attributable to the activities of the workers'~~	82298
~~compensation council,~~ and those costs solely attributable to the	82299
activities of the bureau of workers' compensation board of	82300
directors, and the bureau of workers' compensation in respect of	82301
the class, allocating to any combination of classes those costs	82302
attributable to the activities of the industrial commission,	82303
~~council,~~ board, or bureau in respect of the classes, and	82304
allocating to all four classes those costs attributable to the	82305
activities of the industrial commission, ~~council,~~ board, and	82306
bureau in respect of all classes. The administrator shall	82307
separately calculate each employer's assessment in the class,	82308
except self-insuring employers, on the basis of the following	82309
three factors: payroll, paid compensation, and paid medical costs	82310
of the employer for those costs solely attributable to the	82311
activities of the board and the bureau. The administrator shall	82312
separately calculate each employer's assessment in the class,	82313
except self-insuring employers, on the basis of the following	82314
three factors: payroll, paid compensation, and paid medical costs	82315
of the employer for those costs solely attributable to the	82316
activities of the industrial commission. ~~The administrator shall~~	82317
~~separately calculate each employer's assessment in the class,~~	82318
~~except self-insuring employers, on the basis of the following~~	82319
~~three factors: payroll, paid compensation, and paid medical costs~~	82320
~~of the employer for those costs solely attributable to the~~	82321
~~activities of the council.~~ The administrator shall separately	82322
calculate each self-insuring employer's assessment in accordance	82323
with section 4123.35 of the Revised Code for those costs solely	82324
attributable to the activities of the board and the bureau. The	82325
administrator shall separately calculate each self-insuring	82326
employer's assessment in accordance with section 4123.35 of the	82327
Revised Code for those costs solely attributable to the activities	82328
of the industrial commission. ~~The administrator shall separately~~	82329
~~calculate each self-insuring employer's assessment in accordance~~	82330
~~with section 4123.35 of the Revised Code for those costs solely~~	82331
~~attributable to the activities of the council.~~ In a timely manner,	82332
the industrial commission shall provide to the administrator, the	82333
information necessary for the administrator to allocate and	82334
calculate, with the approval of the chairperson of the industrial	82335
commission, for each class of employer as described in this	82336
division, the costs solely attributable to the activities of the	82337
industrial commission. ~~In a timely manner, the director of the~~	82338
~~workers' compensation council shall submit to the administrator~~	82339
~~the information necessary for the administrator to allocate and~~	82340
~~calculate, with the approval of the director, for each class of~~	82341
~~employer as described in this division, the costs solely~~	82342
~~attributable to the activities of the council.~~	82343

(B) The administrator shall divide the administrative cost	82344
assessments collected by the administrator into ~~three~~two	82345
administrative assessment accounts within the state insurance	82346
fund. One of the administrative assessment accounts shall consist	82347
of the administrative cost assessment collected by the	82348
administrator for the industrial commission. ~~One of the~~	82349
~~administrative assessment accounts shall consist of the~~	82350
~~administrative cost assessment collected by the administrator for~~	82351
~~the council.~~ One of the administrative assessment accounts shall	82352
consist of the administrative cost assessments collected by the	82353
administrator for the bureau and the board. The administrator may	82354
invest the administrative cost assessments in these accounts on	82355
behalf of the bureau, ~~the council,~~ and the industrial commission	82356
as authorized in section 4123.44 of the Revised Code. In a timely	82357
manner, the administrator shall provide to the industrial	82358
commission ~~and the council~~ the information and reports the	82359
commission ~~or council, as applicable,~~ deems necessary for the	82360
commission ~~or the council, as applicable,~~ to monitor the receipts	82361
and the disbursements from the administrative assessment account	82362
for the industrial commission ~~or the administrative assessment~~	82363
~~account for the council, as applicable~~.	82364

(C) The administrator or the administrator's designee shall	82365
transfer moneys as necessary from the administrative assessment	82366
account identified for the bureau and the board to the workers'	82367
compensation fund for the use of the bureau and the board. As	82368
necessary and upon the authorization of the industrial commission,	82369
the administrator or the administrator's designee shall transfer	82370
moneys from the administrative assessment account identified for	82371
the industrial commission to the industrial commission operating	82372
fund created under section 4121.021 of the Revised Code. To the	82373
extent that the moneys collected by the administrator in any	82374
fiscal biennium of the state equal the sum appropriated by the	82375
general assembly for administrative costs of the industrial	82376
commission, board, and bureau for the biennium ~~and the~~	82377
~~administrative costs approved by the workers' compensation~~	82378
~~council~~, the moneys shall be paid into the workers' compensation	82379
fund,and the industrial commission operating fund of the state,	82380
~~the workers' compensation council fund, and the workers'~~	82381
~~compensation council remuneration fund,~~ as appropriate, and any	82382
remainder shall be retained in those funds and applied to reduce	82383
the amount collected during the next biennium.	82384

(D) ~~As necessary and upon authorization of the director of~~	82385
~~the council, the administrator or the administrator's designee~~	82386
~~shall transfer moneys from the administrative assessment account~~	82387
~~identified for the council to the workers' compensation council~~	82388
~~fund created in division (C) of section 4121.79 of the Revised~~	82389
~~Code.~~	82390

~~(E)~~ Sections 4123.41, 4123.35, and 4123.37 of the Revised	82391
Code apply to the collection of assessments from public and	82392
private employers respectively, except that for boards of county	82393
hospital trustees that are self-insuring employers, only those	82394
provisions applicable to the collection of assessments for private	82395
employers apply.	82396

Sec. 4123.35. (A) Except as provided in this section, every	82397
employer mentioned in division (B)(2) of section 4123.01 of the	82398
Revised Code, and every publicly owned utility shall pay	82399
semiannually in the months of January and July into the state	82400
insurance fund the amount of annual premium the administrator of	82401
workers' compensation fixes for the employment or occupation of	82402
the employer, the amount of which premium to be paid by each	82403
employer to be determined by the classifications, rules, and rates	82404
made and published by the administrator. The employer shall pay	82405
semiannually a further sum of money into the state insurance fund	82406
as may be ascertained to be due from the employer by applying the	82407
rules of the administrator, and a receipt or certificate	82408
certifying that payment has been made, along with a written notice	82409
as is required in section 4123.54 of the Revised Code, shall be	82410
mailed immediately to the employer by the bureau of workers'	82411
compensation. The receipt or certificate is prima-facie evidence	82412
of the payment of the premium, and the proper posting of the	82413
notice constitutes the employer's compliance with the notice	82414
requirement mandated in section 4123.54 of the Revised Code.	82415

The bureau of workers' compensation shall verify with the	82416
secretary of state the existence of all corporations and	82417
organizations making application for workers' compensation	82418
coverage and shall require every such application to include the	82419
employer's federal identification number.	82420

An employer as defined in division (B)(2) of section 4123.01	82421
of the Revised Code who has contracted with a subcontractor is	82422
liable for the unpaid premium due from any subcontractor with	82423
respect to that part of the payroll of the subcontractor that is	82424
for work performed pursuant to the contract with the employer.	82425

Division (A) of this section providing for the payment of	82426
premiums semiannually does not apply to any employer who was a	82427
subscriber to the state insurance fund prior to January 1, 1914,	82428
or who may first become a subscriber to the fund in any month	82429
other than January or July. Instead, the semiannual premiums shall	82430
be paid by those employers from time to time upon the expiration	82431
of the respective periods for which payments into the fund have	82432
been made by them.	82433

The administrator shall adopt rules to permit employers to	82434
make periodic payments of the semiannual premium due under this	82435
division. The rules shall include provisions for the assessment of	82436
interest charges, where appropriate, and for the assessment of	82437
penalties when an employer fails to make timely premium payments.	82438
An employer who timely pays the amounts due under this division is	82439
entitled to all of the benefits and protections of this chapter.	82440
Upon receipt of payment, the bureau immediately shall mail a	82441
receipt or certificate to the employer certifying that payment has	82442
been made, which receipt is prima-facie evidence of payment.	82443
Workers' compensation coverage under this chapter continues	82444
uninterrupted upon timely receipt of payment under this division.	82445

Every public employer, except public employers that are	82446
self-insuring employers under this section, shall comply with	82447
sections 4123.38 to 4123.41, and 4123.48 of the Revised Code in	82448
regard to the contribution of moneys to the public insurance fund.	82449

(B) Employers who will abide by the rules of the	82450
administrator and who may be of sufficient financial ability to	82451
render certain the payment of compensation to injured employees or	82452
the dependents of killed employees, and the furnishing of medical,	82453
surgical, nursing, and hospital attention and services and	82454
medicines, and funeral expenses, equal to or greater than is	82455
provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64	82456
to 4123.67 of the Revised Code, and who do not desire to insure	82457
the payment thereof or indemnify themselves against loss sustained	82458
by the direct payment thereof, upon a finding of such facts by the	82459
administrator, may be granted the privilege to pay individually	82460
compensation, and furnish medical, surgical, nursing, and hospital	82461
services and attention and funeral expenses directly to injured	82462
employees or the dependents of killed employees, thereby being	82463
granted status as a self-insuring employer. The administrator may	82464
charge employers who apply for the status as a self-insuring	82465
employer a reasonable application fee to cover the bureau's costs	82466
in connection with processing and making a determination with	82467
respect to an application.	82468

All employers granted status as self-insuring employers shall	82469
demonstrate sufficient financial and administrative ability to	82470
assure that all obligations under this section are promptly met.	82471
The administrator shall deny the privilege where the employer is	82472
unable to demonstrate the employer's ability to promptly meet all	82473
the obligations imposed on the employer by this section.	82474

(1) The administrator shall consider, but is not limited to,	82475
the following factors, where applicable, in determining the	82476
employer's ability to meet all of the obligations imposed on the	82477
employer by this section:	82478

(a) The employer employs a minimum of five hundred employees	82479
in this state;	82480

(b) The employer has operated in this state for a minimum of	82481
two years, provided that an employer who has purchased, acquired,	82482
or otherwise succeeded to the operation of a business, or any part	82483
thereof, situated in this state that has operated for at least two	82484
years in this state, also shall qualify;	82485

(c) Where the employer previously contributed to the state	82486
insurance fund or is a successor employer as defined by bureau	82487
rules, the amount of the buyout, as defined by bureau rules;	82488

(d) The sufficiency of the employer's assets located in this	82489
state to insure the employer's solvency in paying compensation	82490
directly;	82491

(e) The financial records, documents, and data, certified by	82492
a certified public accountant, necessary to provide the employer's	82493
full financial disclosure. The records, documents, and data	82494
include, but are not limited to, balance sheets and profit and	82495
loss history for the current year and previous four years.	82496

(f) The employer's organizational plan for the administration	82497
of the workers' compensation law;	82498

(g) The employer's proposed plan to inform employees of the	82499
change from a state fund insurer to a self-insuring employer, the	82500
procedures the employer will follow as a self-insuring employer,	82501
and the employees' rights to compensation and benefits; and	82502

(h) The employer has either an account in a financial	82503
institution in this state, or if the employer maintains an account	82504
with a financial institution outside this state, ensures that	82505
workers' compensation checks are drawn from the same account as	82506
payroll checks or the employer clearly indicates that payment will	82507
be honored by a financial institution in this state.	82508

The administrator may waive the requirements of divisions	82509
(B)(1)(a) and (b) of this section and the requirement of division	82510
(B)(1)(e) of this section that the financial records, documents,	82511
and data be certified by a certified public accountant. The	82512
administrator shall adopt rules establishing the criteria that an	82513
employer shall meet in order for the administrator to waive the	82514
requirement of division (B)(1)(e) of this section. Such rules may	82515
require additional security of that employer pursuant to division	82516
(E) of section 4123.351 of the Revised Code.	82517

The administrator shall not grant the status of self-insuring	82518
employer to the state, except that the administrator may grant the	82519
status of self-insuring employer to a state institution of higher	82520
education, excluding its hospitals, that meets the requirements of	82521
division (B)(2) of this section.	82522

(2) When considering the application of a public employer,	82523
except for a board of county commissioners described in division	82524
(G) of section 4123.01 of the Revised Code, a board of a county	82525
hospital, or a publicly owned utility, the administrator shall	82526
verify that the public employer satisfies all of the following	82527
requirements as the requirements apply to that public employer:	82528

(a) For the two-year period preceding application under this	82529
section, the public employer has maintained an unvoted debt	82530
capacity equal to at least two times the amount of the current	82531
annual premium established by the administrator under this chapter	82532
for that public employer for the year immediately preceding the	82533
year in which the public employer makes application under this	82534
section.	82535

(b) For each of the two fiscal years preceding application	82536
under this section, the unreserved and undesignated year-end fund	82537
balance in the public employer's general fund is equal to at least	82538
five per cent of the public employer's general fund revenues for	82539
the fiscal year computed in accordance with generally accepted	82540
accounting principles.	82541

(c) For the five-year period preceding application under this	82542
section, the public employer, to the extent applicable, has	82543
complied fully with the continuing disclosure requirements	82544
established in rules adopted by the United States securities and	82545
exchange commission under 17 C.F.R. 240.15c 2-12.	82546

(d) For the five-year period preceding application under this	82547
section, the public employer has not had its local government fund	82548
distribution withheld on account of the public employer being	82549
indebted or otherwise obligated to the state.	82550

(e) For the five-year period preceding application under this	82551
section, the public employer has not been under a fiscal watch or	82552
fiscal emergency pursuant to section 118.023, 118.04, or 3316.03	82553
of the Revised Code.	82554

(f) For the public employer's fiscal year preceding	82555
application under this section, the public employer has obtained	82556
an annual financial audit as required under section 117.10 of the	82557
Revised Code, which has been released by the auditor of state	82558
within seven months after the end of the public employer's fiscal	82559
year.	82560

(g) On the date of application, the public employer holds a	82561
debt rating of Aa3 or higher according to Moody's investors	82562
service, inc., or a comparable rating by an independent rating	82563
agency similar to Moody's investors service, inc.	82564

(h) The public employer agrees to generate an annual	82565
accumulating book reserve in its financial statements reflecting	82566
an actuarially generated reserve adequate to pay projected claims	82567
under this chapter for the applicable period of time, as	82568
determined by the administrator.	82569

(i) For a public employer that is a hospital, the public	82570
employer shall submit audited financial statements showing the	82571
hospital's overall liquidity characteristics, and the	82572
administrator shall determine, on an individual basis, whether the	82573
public employer satisfies liquidity standards equivalent to the	82574
liquidity standards of other public employers.	82575

(j) Any additional criteria that the administrator adopts by	82576
rule pursuant to division (E) of this section.	82577

The administrator may adopt rules establishing the criteria	82578
that a public employer shall satisfy in order for the	82579
administrator to waive any of the requirements listed in divisions	82580
(B)(2)(a) to (j) of this section. The rules may require additional	82581
security from that employer pursuant to division (E) of section	82582
4123.351 of the Revised Code. The administrator shall not waive	82583
any of the requirements listed in divisions (B)(2)(a) to (j) of	82584
this section for a public employer who does not satisfy the	82585
criteria established in the rules the administrator adopts.	82586

(C) A board of county commissioners described in division (G)	82587
of section 4123.01 of the Revised Code, as an employer, that will	82588
abide by the rules of the administrator and that may be of	82589
sufficient financial ability to render certain the payment of	82590
compensation to injured employees or the dependents of killed	82591
employees, and the furnishing of medical, surgical, nursing, and	82592
hospital attention and services and medicines, and funeral	82593
expenses, equal to or greater than is provided for in sections	82594
4123.52, 4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised	82595
Code, and that does not desire to insure the payment thereof or	82596
indemnify itself against loss sustained by the direct payment	82597
thereof, upon a finding of such facts by the administrator, may be	82598
granted the privilege to pay individually compensation, and	82599
furnish medical, surgical, nursing, and hospital services and	82600
attention and funeral expenses directly to injured employees or	82601
the dependents of killed employees, thereby being granted status	82602
as a self-insuring employer. The administrator may charge a board	82603
of county commissioners described in division (G) of section	82604
4123.01 of the Revised Code that applies for the status as a	82605
self-insuring employer a reasonable application fee to cover the	82606
bureau's costs in connection with processing and making a	82607
determination with respect to an application. All employers	82608
granted such status shall demonstrate sufficient financial and	82609
administrative ability to assure that all obligations under this	82610
section are promptly met. The administrator shall deny the	82611
privilege where the employer is unable to demonstrate the	82612
employer's ability to promptly meet all the obligations imposed on	82613
the employer by this section. The administrator shall consider,	82614
but is not limited to, the following factors, where applicable, in	82615
determining the employer's ability to meet all of the obligations	82616
imposed on the board as an employer by this section:	82617

(1) The board as an employer employs a minimum of five	82618
hundred employees in this state;	82619

(2) The board has operated in this state for a minimum of two	82620
years;	82621

(3) Where the board previously contributed to the state	82622
insurance fund or is a successor employer as defined by bureau	82623
rules, the amount of the buyout, as defined by bureau rules;	82624

(4) The sufficiency of the board's assets located in this	82625
state to insure the board's solvency in paying compensation	82626
directly;	82627

(5) The financial records, documents, and data, certified by	82628
a certified public accountant, necessary to provide the board's	82629
full financial disclosure. The records, documents, and data	82630
include, but are not limited to, balance sheets and profit and	82631
loss history for the current year and previous four years.	82632

(6) The board's organizational plan for the administration of	82633
the workers' compensation law;	82634

(7) The board's proposed plan to inform employees of the	82635
proposed self-insurance, the procedures the board will follow as a	82636
self-insuring employer, and the employees' rights to compensation	82637
and benefits;	82638

(8) The board has either an account in a financial	82639
institution in this state, or if the board maintains an account	82640
with a financial institution outside this state, ensures that	82641
workers' compensation checks are drawn from the same account as	82642
payroll checks or the board clearly indicates that payment will be	82643
honored by a financial institution in this state;	82644

(9) The board shall provide the administrator a surety bond	82645
in an amount equal to one hundred twenty-five per cent of the	82646
projected losses as determined by the administrator.	82647

(D) The administrator shall require a surety bond from all	82648
self-insuring employers, issued pursuant to section 4123.351 of	82649
the Revised Code, that is sufficient to compel, or secure to	82650
injured employees, or to the dependents of employees killed, the	82651
payment of compensation and expenses, which shall in no event be	82652
less than that paid or furnished out of the state insurance fund	82653
in similar cases to injured employees or to dependents of killed	82654
employees whose employers contribute to the fund, except when an	82655
employee of the employer, who has suffered the loss of a hand,	82656
arm, foot, leg, or eye prior to the injury for which compensation	82657
is to be paid, and thereafter suffers the loss of any other of the	82658
members as the result of any injury sustained in the course of and	82659
arising out of the employee's employment, the compensation to be	82660
paid by the self-insuring employer is limited to the disability	82661
suffered in the subsequent injury, additional compensation, if	82662
any, to be paid by the bureau out of the surplus created by	82663
section 4123.34 of the Revised Code.	82664

(E) In addition to the requirements of this section, the	82665
administrator shall make and publish rules governing the manner of	82666
making application and the nature and extent of the proof required	82667
to justify a finding of fact by the administrator as to granting	82668
the status of a self-insuring employer, which rules shall be	82669
general in their application, one of which rules shall provide	82670
that all self-insuring employers shall pay into the state	82671
insurance fund such amounts as are required to be credited to the	82672
surplus fund in division (B) of section 4123.34 of the Revised	82673
Code. The administrator may adopt rules establishing requirements	82674
in addition to the requirements described in division (B)(2) of	82675
this section that a public employer shall meet in order to qualify	82676
for self-insuring status.	82677

Employers shall secure directly from the bureau central	82678
offices application forms upon which the bureau shall stamp a	82679
designating number. Prior to submission of an application, an	82680
employer shall make available to the bureau, and the bureau shall	82681
review, the information described in division (B)(1) of this	82682
section, and public employers shall make available, and the bureau	82683
shall review, the information necessary to verify whether the	82684
public employer meets the requirements listed in division (B)(2)	82685
of this section. An employer shall file the completed application	82686
forms with an application fee, which shall cover the costs of	82687
processing the application, as established by the administrator,	82688
by rule, with the bureau at least ninety days prior to the	82689
effective date of the employer's new status as a self-insuring	82690
employer. The application form is not deemed complete until all	82691
the required information is attached thereto. The bureau shall	82692
only accept applications that contain the required information.	82693

(F) The bureau shall review completed applications within a	82694
reasonable time. If the bureau determines to grant an employer the	82695
status as a self-insuring employer, the bureau shall issue a	82696
statement, containing its findings of fact, that is prepared by	82697
the bureau and signed by the administrator. If the bureau	82698
determines not to grant the status as a self-insuring employer,	82699
the bureau shall notify the employer of the determination and	82700
require the employer to continue to pay its full premium into the	82701
state insurance fund. The administrator also shall adopt rules	82702
establishing a minimum level of performance as a criterion for	82703
granting and maintaining the status as a self-insuring employer	82704
and fixing time limits beyond which failure of the self-insuring	82705
employer to provide for the necessary medical examinations and	82706
evaluations may not delay a decision on a claim.	82707

(G) The administrator shall adopt rules setting forth	82708
procedures for auditing the program of self-insuring employers.	82709
The bureau shall conduct the audit upon a random basis or whenever	82710
the bureau has grounds for believing that a self-insuring employer	82711
is not in full compliance with bureau rules or this chapter.	82712

The administrator shall monitor the programs conducted by	82713
self-insuring employers, to ensure compliance with bureau	82714
requirements and for that purpose, shall develop and issue to	82715
self-insuring employers standardized forms for use by the	82716
self-insuring employer in all aspects of the self-insuring	82717
employers' direct compensation program and for reporting of	82718
information to the bureau.	82719

The bureau shall receive and transmit to the self-insuring	82720
employer all complaints concerning any self-insuring employer. In	82721
the case of a complaint against a self-insuring employer, the	82722
administrator shall handle the complaint through the	82723
self-insurance division of the bureau. The bureau shall maintain a	82724
file by employer of all complaints received that relate to the	82725
employer. The bureau shall evaluate each complaint and take	82726
appropriate action.	82727

The administrator shall adopt as a rule a prohibition against	82728
any self-insuring employer from harassing, dismissing, or	82729
otherwise disciplining any employee making a complaint, which rule	82730
shall provide for a financial penalty to be levied by the	82731
administrator payable by the offending self-insuring employer.	82732

(H) For the purpose of making determinations as to whether to	82733
grant status as a self-insuring employer, the administrator may	82734
subscribe to and pay for a credit reporting service that offers	82735
financial and other business information about individual	82736
employers. The costs in connection with the bureau's subscription	82737
or individual reports from the service about an applicant may be	82738
included in the application fee charged employers under this	82739
section.	82740

(I) The administrator, notwithstanding other provisions of	82741
this chapter, may permit a self-insuring employer to resume	82742
payment of premiums to the state insurance fund with appropriate	82743
credit modifications to the employer's basic premium rate as such	82744
rate is determined pursuant to section 4123.29 of the Revised	82745
Code.	82746

(J) On the first day of July of each year, the administrator	82747
shall calculate separately each self-insuring employer's	82748
assessments for the safety and hygiene fund, administrative costs	82749
pursuant to section 4123.342 of the Revised Code, and for the	82750
portion of the surplus fund under division (B) of section 4123.34	82751
of the Revised Code that is not used for handicapped	82752
reimbursement, on the basis of the paid compensation attributable	82753
to the individual self-insuring employer according to the	82754
following calculation:	82755

(1) The total assessment against all self-insuring employers	82756
as a class for each fund and for the administrative costs for the	82757
year that the assessment is being made, as determined by the	82758
administrator, divided by the total amount of paid compensation	82759
for the previous calendar year attributable to all amenable	82760
self-insuring employers;	82761

(2) Multiply the quotient in division (J)(1) of this section	82762
by the total amount of paid compensation for the previous calendar	82763
year that is attributable to the individual self-insuring employer	82764
for whom the assessment is being determined. Each self-insuring	82765
employer shall pay the assessment that results from this	82766
calculation, unless the assessment resulting from this calculation	82767
falls below a minimum assessment, which minimum assessment the	82768
administrator shall determine on the first day of July of each	82769
year with the advice and consent of the bureau of workers'	82770
compensation board of directors, in which event, the self-insuring	82771
employer shall pay the minimum assessment.	82772

In determining the total amount due for the total assessment	82773
against all self-insuring employers as a class for each fund and	82774
the administrative assessment, the administrator shall reduce	82775
proportionately the total for each fund and assessment by the	82776
amount of money in the self-insurance assessment fund as of the	82777
date of the computation of the assessment.	82778

The administrator shall calculate the assessment for the	82779
portion of the surplus fund under division (B) of section 4123.34	82780
of the Revised Code that is used for handicapped reimbursement in	82781
the same manner as set forth in divisions (J)(1) and (2) of this	82782
section except that the administrator shall calculate the total	82783
assessment for this portion of the surplus fund only on the basis	82784
of those self-insuring employers that retain participation in the	82785
handicapped reimbursement program and the individual self-insuring	82786
employer's proportion of paid compensation shall be calculated	82787
only for those self-insuring employers who retain participation in	82788
the handicapped reimbursement program. The administrator, as the	82789
administrator determines appropriate, may determine the total	82790
assessment for the handicapped portion of the surplus fund in	82791
accordance with sound actuarial principles.	82792

The administrator shall calculate the assessment for the	82793
portion of the surplus fund under division (B) of section 4123.34	82794
of the Revised Code that under division (D) of section 4121.66 of	82795
the Revised Code is used for rehabilitation costs in the same	82796
manner as set forth in divisions (J)(1) and (2) of this section,	82797
except that the administrator shall calculate the total assessment	82798
for this portion of the surplus fund only on the basis of those	82799
self-insuring employers who have not made the election to make	82800
payments directly under division (D) of section 4121.66 of the	82801
Revised Code and an individual self-insuring employer's proportion	82802
of paid compensation only for those self-insuring employers who	82803
have not made that election.	82804

The administrator shall calculate the assessment for the	82805
portion of the surplus fund under division (B) of section 4123.34	82806
of the Revised Code that is used for reimbursement to a	82807
self-insuring employer under division (H) of section 4123.512 of	82808
the Revised Code in the same manner as set forth in divisions	82809
(J)(1) and (2) of this section except that the administrator shall	82810
calculate the total assessment for this portion of the surplus	82811
fund only on the basis of those self-insuring employers that	82812
retain participation in reimbursement to the self-insuring	82813
employer under division (H) of section 4123.512 of the Revised	82814
Code and the individual self-insuring employer's proportion of	82815
paid compensation shall be calculated only for those self-insuring	82816
employers who retain participation in reimbursement to the	82817
self-insuring employer under division (H) of section 4123.512 of	82818
the Revised Code.	82819

An employer who no longer is a self-insuring employer in this	82820
state or who no longer is operating in this state, shall continue	82821
to pay assessments for administrative costs and for the portion of	82822
the surplus fund under division (B) of section 4123.34 of the	82823
Revised Code that is not used for handicapped reimbursement, based	82824
upon paid compensation attributable to claims that occurred while	82825
the employer was a self-insuring employer within this state.	82826

(K) ~~The administrator shall deposit any moneys received from~~	82827
~~a self-insuring employer for the self-insuring employer's~~	82828
~~assessment to pay the costs solely attributable to the workers'~~	82829
~~compensation council into the administrative assessment account~~	82830
~~described in division (B) of section 4123.342 of the Revised Code~~	82831
~~for the administrative cost assessment collected by the~~	82832
~~administrator for the council.~~ There is hereby created in the	82833
state treasury the self-insurance assessment fund. All investment	82834
earnings of the fund shall be deposited in the fund. The	82835
administrator shall use the money in the self-insurance assessment	82836
fund only for administrative costs as specified in section	82837
4123.341 of the Revised Code.	82838

(L) Every self-insuring employer shall certify, in affidavit	82839
form subject to the penalty for perjury, to the bureau the amount	82840
of the self-insuring employer's paid compensation for the previous	82841
calendar year. In reporting paid compensation paid for the	82842
previous year, a self-insuring employer shall exclude from the	82843
total amount of paid compensation any reimbursement the	82844
self-insuring employer receives in the previous calendar year from	82845
the surplus fund pursuant to section 4123.512 of the Revised Code	82846
for any paid compensation. The self-insuring employer also shall	82847
exclude from the paid compensation reported any amount recovered	82848
under section 4123.931 of the Revised Code and any amount that is	82849
determined not to have been payable to or on behalf of a claimant	82850
in any final administrative or judicial proceeding. The	82851
self-insuring employer shall exclude such amounts from the paid	82852
compensation reported in the reporting period subsequent to the	82853
date the determination is made. The administrator shall adopt	82854
rules, in accordance with Chapter 119. of the Revised Code, that	82855
provide for all of the following:	82856

(1) Establishing the date by which self-insuring employers	82857
must submit such information and the amount of the assessments	82858
provided for in division (J) of this section for employers who	82859
have been granted self-insuring status within the last calendar	82860
year;	82861

(2) If an employer fails to pay the assessment when due, the	82862
administrator may add a late fee penalty of not more than five	82863
hundred dollars to the assessment plus an additional penalty	82864
amount as follows:	82865

(a) For an assessment from sixty-one to ninety days past due,	82866
the prime interest rate, multiplied by the assessment due;	82867

(b) For an assessment from ninety-one to one hundred twenty	82868
days past due, the prime interest rate plus two per cent,	82869
multiplied by the assessment due;	82870

(c) For an assessment from one hundred twenty-one to one	82871
hundred fifty days past due, the prime interest rate plus four per	82872
cent, multiplied by the assessment due;	82873

(d) For an assessment from one hundred fifty-one to one	82874
hundred eighty days past due, the prime interest rate plus six per	82875
cent, multiplied by the assessment due;	82876

(e) For an assessment from one hundred eighty-one to two	82877
hundred ten days past due, the prime interest rate plus eight per	82878
cent, multiplied by the assessment due;	82879

(f) For each additional thirty-day period or portion thereof	82880
that an assessment remains past due after it has remained past due	82881
for more than two hundred ten days, the prime interest rate plus	82882
eight per cent, multiplied by the assessment due.	82883

(3) An employer may appeal a late fee penalty and penalty	82884
assessment to the administrator.	82885

For purposes of division (L)(2) of this section, "prime	82886
interest rate" means the average bank prime rate, and the	82887
administrator shall determine the prime interest rate in the same	82888
manner as a county auditor determines the average bank prime rate	82889
under section 929.02 of the Revised Code.	82890

The administrator shall include any assessment and penalties	82891
that remain unpaid for previous assessment periods in the	82892
calculation and collection of any assessments due under this	82893
division or division (J) of this section.	82894

(M) As used in this section, "paid compensation" means all	82895
amounts paid by a self-insuring employer for living maintenance	82896
benefits, all amounts for compensation paid pursuant to sections	82897
4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60, and	82898
4123.64 of the Revised Code, all amounts paid as wages in lieu of	82899
such compensation, all amounts paid in lieu of such compensation	82900
under a nonoccupational accident and sickness program fully funded	82901
by the self-insuring employer, and all amounts paid by a	82902
self-insuring employer for a violation of a specific safety	82903
standard pursuant to Section 35 of Article II, Ohio Constitution	82904
and section 4121.47 of the Revised Code.	82905

(N) Should any section of this chapter or Chapter 4121. of	82906
the Revised Code providing for self-insuring employers'	82907
assessments based upon compensation paid be declared	82908
unconstitutional by a final decision of any court, then that	82909
section of the Revised Code declared unconstitutional shall revert	82910
back to the section in existence prior to November 3, 1989,	82911
providing for assessments based upon payroll.	82912

(O) The administrator may grant a self-insuring employer the	82913
privilege to self-insure a construction project entered into by	82914
the self-insuring employer that is scheduled for completion within	82915
six years after the date the project begins, and the total cost of	82916
which is estimated to exceed one hundred million dollars or, for	82917
employers described in division (R) of this section, if the	82918
construction project is estimated to exceed twenty-five million	82919
dollars. The administrator may waive such cost and time criteria	82920
and grant a self-insuring employer the privilege to self-insure a	82921
construction project regardless of the time needed to complete the	82922
construction project and provided that the cost of the	82923
construction project is estimated to exceed fifty million dollars.	82924
A self-insuring employer who desires to self-insure a construction	82925
project shall submit to the administrator an application listing	82926
the dates the construction project is scheduled to begin and end,	82927
the estimated cost of the construction project, the contractors	82928
and subcontractors whose employees are to be self-insured by the	82929
self-insuring employer, the provisions of a safety program that is	82930
specifically designed for the construction project, and a	82931
statement as to whether a collective bargaining agreement	82932
governing the rights, duties, and obligations of each of the	82933
parties to the agreement with respect to the construction project	82934
exists between the self-insuring employer and a labor	82935
organization.	82936

A self-insuring employer may apply to self-insure the	82937
employees of either of the following:	82938

(1) All contractors and subcontractors who perform labor or	82939
work or provide materials for the construction project;	82940

(2) All contractors and, at the administrator's discretion, a	82941
substantial number of all the subcontractors who perform labor or	82942
work or provide materials for the construction project.	82943

Upon approval of the application, the administrator shall	82944
mail a certificate granting the privilege to self-insure the	82945
construction project to the self-insuring employer. The	82946
certificate shall contain the name of the self-insuring employer	82947
and the name, address, and telephone number of the self-insuring	82948
employer's representatives who are responsible for administering	82949
workers' compensation claims for the construction project. The	82950
self-insuring employer shall post the certificate in a conspicuous	82951
place at the site of the construction project.	82952

The administrator shall maintain a record of the contractors	82953
and subcontractors whose employees are covered under the	82954
certificate issued to the self-insured employer. A self-insuring	82955
employer immediately shall notify the administrator when any	82956
contractor or subcontractor is added or eliminated from inclusion	82957
under the certificate.	82958

Upon approval of the application, the self-insuring employer	82959
is responsible for the administration and payment of all claims	82960
under this chapter and Chapter 4121. of the Revised Code for the	82961
employees of the contractor and subcontractors covered under the	82962
certificate who receive injuries or are killed in the course of	82963
and arising out of employment on the construction project, or who	82964
contract an occupational disease in the course of employment on	82965
the construction project. For purposes of this chapter and Chapter	82966
4121. of the Revised Code, a claim that is administered and paid	82967
in accordance with this division is considered a claim against the	82968
self-insuring employer listed in the certificate. A contractor or	82969
subcontractor included under the certificate shall report to the	82970
self-insuring employer listed in the certificate, all claims that	82971
arise under this chapter and Chapter 4121. of the Revised Code in	82972
connection with the construction project for which the certificate	82973
is issued.	82974

A self-insuring employer who complies with this division is	82975
entitled to the protections provided under this chapter and	82976
Chapter 4121. of the Revised Code with respect to the employees of	82977
the contractors and subcontractors covered under a certificate	82978
issued under this division for death or injuries that arise out	82979
of, or death, injuries, or occupational diseases that arise in the	82980
course of, those employees' employment on that construction	82981
project, as if the employees were employees of the self-insuring	82982
employer, provided that the self-insuring employer also complies	82983
with this section. No employee of the contractors and	82984
subcontractors covered under a certificate issued under this	82985
division shall be considered the employee of the self-insuring	82986
employer listed in that certificate for any purposes other than	82987
this chapter and Chapter 4121. of the Revised Code. Nothing in	82988
this division gives a self-insuring employer authority to control	82989
the means, manner, or method of employment of the employees of the	82990
contractors and subcontractors covered under a certificate issued	82991
under this division.	82992

The contractors and subcontractors included under a	82993
certificate issued under this division are entitled to the	82994
protections provided under this chapter and Chapter 4121. of the	82995
Revised Code with respect to the contractor's or subcontractor's	82996
employees who are employed on the construction project which is	82997
the subject of the certificate, for death or injuries that arise	82998
out of, or death, injuries, or occupational diseases that arise in	82999
the course of, those employees' employment on that construction	83000
project.	83001

The contractors and subcontractors included under a	83002
certificate issued under this division shall identify in their	83003
payroll records the employees who are considered the employees of	83004
the self-insuring employer listed in that certificate for purposes	83005
of this chapter and Chapter 4121. of the Revised Code, and the	83006
amount that those employees earned for employment on the	83007
construction project that is the subject of that certificate.	83008
Notwithstanding any provision to the contrary under this chapter	83009
and Chapter 4121. of the Revised Code, the administrator shall	83010
exclude the payroll that is reported for employees who are	83011
considered the employees of the self-insuring employer listed in	83012
that certificate, and that the employees earned for employment on	83013
the construction project that is the subject of that certificate,	83014
when determining those contractors' or subcontractors' premiums or	83015
assessments required under this chapter and Chapter 4121. of the	83016
Revised Code. A self-insuring employer issued a certificate under	83017
this division shall include in the amount of paid compensation it	83018
reports pursuant to division (L) of this section, the amount of	83019
paid compensation the self-insuring employer paid pursuant to this	83020
division for the previous calendar year.	83021

Nothing in this division shall be construed as altering the	83022
rights of employees under this chapter and Chapter 4121. of the	83023
Revised Code as those rights existed prior to September 17, 1996.	83024
Nothing in this division shall be construed as altering the rights	83025
devolved under sections 2305.31 and 4123.82 of the Revised Code as	83026
those rights existed prior to September 17, 1996.	83027

As used in this division, "privilege to self-insure a	83028
construction project" means privilege to pay individually	83029
compensation, and to furnish medical, surgical, nursing, and	83030
hospital services and attention and funeral expenses directly to	83031
injured employees or the dependents of killed employees.	83032

(P) A self-insuring employer whose application is granted	83033
under division (O) of this section shall designate a safety	83034
professional to be responsible for the administration and	83035
enforcement of the safety program that is specifically designed	83036
for the construction project that is the subject of the	83037
application.	83038

A self-insuring employer whose application is granted under	83039
division (O) of this section shall employ an ombudsperson for the	83040
construction project that is the subject of the application. The	83041
ombudsperson shall have experience in workers' compensation or the	83042
construction industry, or both. The ombudsperson shall perform all	83043
of the following duties:	83044

(1) Communicate with and provide information to employees who	83045
are injured in the course of, or whose injury arises out of	83046
employment on the construction project, or who contract an	83047
occupational disease in the course of employment on the	83048
construction project;	83049

(2) Investigate the status of a claim upon the request of an	83050
employee to do so;	83051

(3) Provide information to claimants, third party	83052
administrators, employers, and other persons to assist those	83053
persons in protecting their rights under this chapter and Chapter	83054
4121. of the Revised Code.	83055

A self-insuring employer whose application is granted under	83056
division (O) of this section shall post the name of the safety	83057
professional and the ombudsperson and instructions for contacting	83058
the safety professional and the ombudsperson in a conspicuous	83059
place at the site of the construction project.	83060

(Q) The administrator may consider all of the following when	83061
deciding whether to grant a self-insuring employer the privilege	83062
to self-insure a construction project as provided under division	83063
(O) of this section:	83064

(1) Whether the self-insuring employer has an organizational	83065
plan for the administration of the workers' compensation law;	83066

(2) Whether the safety program that is specifically designed	83067
for the construction project provides for the safety of employees	83068
employed on the construction project, is applicable to all	83069
contractors and subcontractors who perform labor or work or	83070
provide materials for the construction project, and has as a	83071
component, a safety training program that complies with standards	83072
adopted pursuant to the "Occupational Safety and Health Act of	83073
1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for continuing	83074
management and employee involvement;	83075

(3) Whether granting the privilege to self-insure the	83076
construction project will reduce the costs of the construction	83077
project;	83078

(4) Whether the self-insuring employer has employed an	83079
ombudsperson as required under division (P) of this section;	83080

(5) Whether the self-insuring employer has sufficient surety	83081
to secure the payment of claims for which the self-insuring	83082
employer would be responsible pursuant to the granting of the	83083
privilege to self-insure a construction project under division (O)	83084
of this section.	83085

(R) As used in divisions (O), (P), and (Q), "self-insuring	83086
employer" includes the following employers, whether or not they	83087
have been granted the status of being a self-insuring employer	83088
under division (B) of this section:	83089

(1) A state institution of higher education;

83090

(2) A school district;

83091

(3) A county school financing district;

83092

(4) An educational service center;

83093

(5) A community school established under Chapter 3314. of the	83094
Revised Code;	83095

(6) A municipal power agency as defined in section 3734.058	83096
of the Revised Code.	83097

(S) As used in this section:

83098

(1) "Unvoted debt capacity" means the amount of money that a	83099
public employer may borrow without voter approval of a tax levy;	83100

(2) "State institution of higher education" means the state	83101
universities listed in section 3345.011 of the Revised Code,	83102
community colleges created pursuant to Chapter 3354. of the	83103
Revised Code, university branches created pursuant to Chapter	83104
3355. of the Revised Code, technical colleges created pursuant to	83105
Chapter 3357. of the Revised Code, and state community colleges	83106
created pursuant to Chapter 3358. of the Revised Code.	83107

Sec. 4131.03. (A) For the relief of persons who are entitled	83108
to receive benefits by virtue of the federal act, there is hereby	83109
established a coal-workers pneumoconiosis fund, which shall be	83110
separate from the funds established and administered pursuant to	83111
Chapter 4123. of the Revised Code. The fund shall consist of	83112
premiums and other payments thereto by subscribers who elect to	83113
subscribe to the fund to insure the payment of benefits required	83114
by the federal act.	83115

(B)(1) The coal-workers pneumoconiosis fund shall be in the	83116
custody of the treasurer of state. The bureau of workers'	83117
compensation shall make disbursements from the fund to those	83118
persons entitled to payment therefrom and in the amounts required	83119
pursuant to sections 4131.01 to 4131.06 of the Revised Code. All	83120
investment earnings of the fund shall be credited to the fund.	83121

(2) ~~The~~Beginning July 1, 2011, and ending June 30, 2013, the	83122
director of natural resources annually may request the	83123
administrator of workers' compensation to transfer a portion of	83124
the investment earnings credited to the coal-workers	83125
pneumoconiosis fund as provided in this division. If the	83126
administrator receives a request from the director, the	83127
administrator ~~of workers' compensation may~~, on the first day of	83128
July, or as soon as possible after that date, shall transfer a	83129
~~portion of~~from the investment earnings credited to the	83130
coal-workers pneumoconiosis fund an amount not to exceed three	83131
million dollars to the mine safety fund created in section 1561.24	83132
of the Revised Code for the purposes specified in that section and	83133
an amount not to exceed one million five hundred thousand dollars	83134
to the coal mining administration and reclamation reserve fund	83135
created in section 1513.181 of the Revised Code for the purposes	83136
specified in that section. The administrator, with the advice and	83137
consent of the bureau of workers' compensation board of directors,	83138
shall adopt rules governing the transfer in order to ensure the	83139
solvency of the coal-workers pneumoconiosis fund. For that	83140
purpose, the rules may establish tests based on measures of net	83141
assets, liabilities, expenses, interest, dividend income, or other	83142
factors that the administrator determines appropriate that may be	83143
applied prior to a transfer.	83144

(C) The administrator shall have the same powers to invest	83145
any of the surplus or reserve belonging to the coal-workers	83146
pneumoconiosis fund as are delegated to the administrator under	83147
section 4123.44 of the Revised Code with respect to the state	83148
insurance fund.	83149

(D) If the administrator determines that reinsurance of the	83150
risks of the coal-workers pneumoconiosis fund is necessary to	83151
assure solvency of the fund, the administrator may:	83152

(1) Enter into contracts for the purchase of reinsurance	83153
coverage of the risks of the fund with any company or agency	83154
authorized by law to issue contracts of reinsurance;	83155

(2) Pay the cost of reinsurance from the fund;

83156

(3) Include the costs of reinsurance as a liability and	83157
estimated liability of the fund.	83158

Sec. 4141.08. (A) There is hereby created an unemployment	83159
compensation advisory council appointed as follows:	83160

(1) Three members who on account of their vocation,	83161
employment, or affiliations can be classed as representative of	83162
employers and three members who on account of their vocation,	83163
employment, or affiliation can be classed as representatives of	83164
employees appointed by the governor with the advice and consent of	83165
the senate. All appointees shall be persons whose training and	83166
experience qualify them to deal with the difficult problems of	83167
unemployment compensation, particularly with respect to the legal,	83168
accounting, actuarial, economic, and social aspects of	83169
unemployment compensation;	83170

(2) The chairpersons of the standing committees of the senate	83171
and the house of representatives to which legislation pertaining	83172
to Chapter 4141. of the Revised Code is customarily referred;	83173

(3) Two members of the senate appointed by the president of	83174
the senate; and	83175

(4) Two members of the house of representatives appointed by	83176
the speaker of the house of representatives.	83177

The speaker and the president shall arrange that of the six	83178
legislative members appointed to the council, not more than three	83179
are members of the same political party.	83180

(B) Members appointed by the governor shall serve for a term	83181
of four years, each term ending on the same day as the date of	83182
their original appointment. Legislative members shall serve during	83183
the session of the general assembly to which they are elected and	83184
for as long as they are members of the general assembly. Vacancies	83185
shall be filled in the same manner as the original appointment but	83186
only for the unexpired part of a term.	83187

(C) Members of the council shall serve without salary but,	83188
notwithstanding section 101.26 of the Revised Code, shall be paid	83189
a meeting stipend of fifty dollars per day each and their actual	83190
and necessary expenses while engaged in the performance of their	83191
duties as members of the council which shall be paid from funds	83192
allocated to pay the expenses of the council pursuant to this	83193
section.	83194

(D) The council shall organize itself and select a	83195
chairperson or co-chairpersons and other officers and committees	83196
as it considers necessary. Seven members constitute a quorum and	83197
the council may act only upon the affirmative vote of seven	83198
members. The council shall meet at least once each calendar	83199
quarter but it may meet more often as the council considers	83200
necessary or at the request of the chairperson.	83201

(E) The council may employ professional and clerical	83202
assistance as it considers necessary and may request of the	83203
director of job and family services assistance as it considers	83204
necessary. The director shall furnish the council with office and	83205
meeting space as requested by the council.	83206

(F) The director shall pay the operating expenses of the	83207
council ~~as determined by the council~~ from moneys in the	83208
unemployment compensation special administrative fund established	83209
in section 4141.11 of the Revised Code.	83210

(G) The council shall have access to only the records of the	83211
department of job and family services that are necessary for the	83212
administration of this chapter and to the reasonable services of	83213
the employees of the department. It may request the director, or	83214
any of the employees appointed by the director, or any employer or	83215
employee subject to this chapter, to appear before it and to	83216
testify relative to the functioning of this chapter and to other	83217
relevant matters. The council may conduct research of its own,	83218
make and publish reports, and recommend to the director, the	83219
unemployment compensation review commission, the governor, or the	83220
general assembly needed changes in this chapter, or in the rules	83221
of the department as it considers necessary.	83222

Sec. 4141.11. There is hereby created in the state treasury	83223
the unemployment compensation special administrative fund. The	83224
fund shall consist of all interest collected on delinquent	83225
contributions pursuant to this chapter, all fines and forfeitures	83226
collected under this chapter, and all court costs and interest	83227
paid or collected in connection with the repayment of fraudulently	83228
obtained benefits pursuant to section 4141.35 of the Revised Code.	83229
All interest earned on the money in the fund shall be retained in	83230
the fund and shall not be credited or transferred to any other	83231
fund or account, except as provided in division (B) of this	83232
section. All moneys which are deposited or paid into this fund may	83233
be used by:	83234

(A) The director of job and family services ~~with the approval~~	83235
~~of the unemployment compensation advisory council~~ whenever it	83236
appears that such use is necessary for:	83237

(1) The proper administration of this chapter and no federal	83238
funds are available for the specific purpose for which the	83239
expenditure is to be made, provided the moneys are not substituted	83240
for appropriations from federal funds, which in the absence of	83241
such moneys would be available;	83242

(2) The proper administration of this chapter for which	83243
purpose appropriations from federal funds have been requested and	83244
approved but not received, provided the fund would be reimbursed	83245
upon receipt of the federal appropriation;	83246

(3) To the extent possible, the repayment to the unemployment	83247
compensation administration fund of moneys found by the proper	83248
agency of the United States to have been lost or expended for	83249
purposes other than, or an amount in excess of, those found	83250
necessary by the proper agency of the United States for the	83251
administration of this chapter.	83252

(B) The director or the director's deputy whenever it appears	83253
that such use is necessary for the payment of refunds or	83254
adjustments of interest, fines, forfeitures, or court costs	83255
erroneously collected and paid into this fund pursuant to this	83256
chapter.	83257

(C) The director, to pay state disaster unemployment benefits	83258
pursuant to section 4141.292 of the Revised Code. ~~The director~~	83259
~~need not have prior approval from the council to make these~~	83260
~~payments.~~	83261

(D) The director, to pay any costs attributable to the	83262
director that are associated with the sale of real property under	83263
section 4141.131 of the Revised Code. ~~The director need not have~~	83264
~~prior approval from the council to make these payments.~~	83265

Whenever the balance in the unemployment compensation special	83266
administrative fund is considered to be excessive by the ~~council~~	83267
director, the director shall request the director of budget and	83268
management to transfer to the unemployment compensation fund the	83269
amount considered to be excessive. Any balance in the unemployment	83270
compensation special administrative fund shall not lapse at any	83271
time, but shall be continuously available to the director of ~~jobs~~	83272
job and family services ~~or to the council~~ for expenditures	83273
consistent with this chapter.	83274

Sec. 4141.33. (A) ~~"Seasonal~~As used in this section:

83275

(1) "Reasonable assurance" means a written, verbal, or	83276
implied agreement that the individual will perform services in the	83277
same or similar capacity during the ensuing sports season or	83278
seasonal period.	83279

(2) "Seasonal employment" means employment of individuals	83280
hired primarily to perform services in an industry which because	83281
of climatic conditions or because of the seasonal nature of such	83282
industry it is customary to operate only during regularly	83283
recurring periods of forty weeks or less in any consecutive	83284
fifty-two weeks. ~~"Seasonal~~	83285

(3) "Seasonal employer" means an employer determined by the	83286
director of job and family services to be an employer whose	83287
operations and business, with the exception of certain	83288
administrative and maintenance operations, are substantially all	83289
in a seasonal industry. ~~Any~~	83290

(4) "Significantly" means forty per cent or more of an	83291
individual's base period consists of services performed in	83292
seasonal employment.	83293

(B) Any employer who claims to have seasonal employment in a	83294
seasonal industry may file with the director a written application	83295
for classification of such employment as seasonal. Whenever in any	83296
industry it is customary to operate because of climatic conditions	83297
or because of the seasonal nature of such industry only during	83298
regularly recurring periods of forty weeks or less duration,	83299
benefits shall be payable only during the longest seasonal periods	83300
which the best practice of such industry will reasonably permit.	83301
The director shall determine, after investigation, hearing, and	83302
due notice, whether the industry is seasonal and, if seasonal,	83303
establish seasonal periods for such seasonal employer. Until such	83304
determination by the director, no industry or employment shall be	83305
deemed seasonal.	83306

~~(B)~~(C) When the director has determined such seasonal	83307
periods, the director shall also establish the proportionate	83308
number of weeks of employment and earnings required to qualify for	83309
seasonal benefit rights in place of the weeks of employment and	83310
earnings requirement stipulated in division (R) of section 4141.01	83311
and section 4141.30 of the Revised Code, and the proportionate	83312
number of weeks for which seasonal benefits may be paid. An	83313
individual whose base period employment consists of only seasonal	83314
employment for a single seasonal employer and who meets the	83315
employment and earnings requirements determined by the director	83316
pursuant to this division will have benefit rights determined in	83317
accordance with this division, except benefits shall not be paid	83318
for any week between two successive seasonal periods. Benefit	83319
charges for such seasonal employment shall be computed and charged	83320
in accordance with division (D) of section 4141.24 of the Revised	83321
Code. The director may adopt rules for implementation of this	83322
section.	83323

~~(C)~~(D) An individual whose base period employment consists of	83324
either seasonal employment with two or more seasonal employers or	83325
both seasonal employment and nonseasonal employment with employers	83326
subject to this chapter, will have benefit rights determined in	83327
accordance with division (R) of section 4141.01 and section	83328
4141.30 of the Revised Code. Benefit charges for both seasonal and	83329
nonseasonal employment shall be computed and charged in accordance	83330
with division (D) of section 4141.24 of the Revised Code. The	83331
total seasonal and nonseasonal benefits during a benefit year	83332
cannot exceed twenty-six times the weekly benefit amount.	83333
Effective October 30, 2011, an individual who performs services	83334
that significantly consist of services performed in seasonal	83335
employment shall not be paid benefits for those services for any	83336
week in the period between two successive seasonal periods if the	83337
individual performed those services in the first of the seasonal	83338
periods and there is reasonable assurance that the individual will	83339
perform those services in the later of the seasonal periods. The	83340
director shall adopt rules for the implementation of this	83341
division.	83342

~~(D)~~(E) Benefits shall not be paid to any individual on the	83343
basis of any services, substantially all of which consist of	83344
participating in sports or athletic events or training or	83345
preparing to so participate, for any week which commences during	83346
the period between two successive sport seasons, or similar	83347
periods, if the individual performed services in the first of the	83348
seasons, or similar periods, and there is a reasonable assurance	83349
that the individual will perform services in the later of the	83350
seasons, or similar periods.	83351

~~(1) The term "reasonable assurance" as used in this division~~	83352
~~means a written, verbal, or implied agreement that the individual~~	83353
~~will perform services in the same or similar capacity during the~~	83354
~~ensuing sports season.~~	83355

~~(2)~~(F) The director shall adopt rules concerning the	83356
eligibility for benefits of individuals under divisions (D) and	83357
(E) of this ~~division~~section.	83358

Sec. 4301.12. The division of liquor control shall provide	83359
for the custody, safekeeping, and deposit of all moneys, checks,	83360
and drafts received by it or any of its employees or agents prior	83361
to paying them to the treasurer of state as provided by section	83362
113.08 of the Revised Code.	83363

A sum equal to three dollars and thirty-eight cents for each	83364
gallon of spirituous liquor sold by the division, JobsOhio, or a	83365
designee of JobsOhio during the period covered by the payment	83366
shall be paid into the state treasury to the credit of the general	83367
revenue fund. All moneys received from permit fees, except B-2a	83368
and S permit fees from B-2a and S permit holders who do not also	83369
hold A-2 permits, shall be paid to the credit of the undivided	83370
liquor permit fund established by section 4301.30 of the Revised	83371
Code.	83372

Except as otherwise provided by law, all moneys collected	83373
under Chapters 4301. and 4303. of the Revised Code shall be paid	83374
by the division into the state treasury to the credit of the	83375
liquor control fund, which is hereby created. In addition, revenue	83376
resulting from any contracts with the department of commerce	83377
pertaining to the responsibilities and operations described in	83378
this chapter may be credited to the fund. Amounts in the liquor	83379
control fund may be used to pay the operating expenses of the	83380
liquor control commission.	83381

Whenever, in the judgment of the director of budget and	83382
management, the amount in the liquor control fund is in excess of	83383
that needed to meet the maturing obligations of the division, as	83384
working capital for its further operations, to pay the operating	83385
expenses of the commission, and for the alcohol testing program	83386
under section 3701.143 of the Revised Code, the director shall	83387
transfer the excess to the credit of the general revenue fund. If	83388
the director determines that the amount in the liquor control fund	83389
is insufficient, the director may transfer money from the general	83390
revenue fund to the liquor control fund.	83391

Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of	83392
the Revised Code:	83393

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	83394
fluid ounces.	83395

(2) "Sale" or "sell" includes exchange, barter, gift,	83396
distribution, and, except with respect to A-4 permit holders,	83397
offer for sale.	83398

(B) For the purposes of providing revenues for the support of	83399
the state and encouraging the grape industries in the state, a tax	83400
is hereby levied on the sale or distribution of wine in Ohio,	83401
except for known sacramental purposes, at the rate of thirty cents	83402
per wine gallon for wine containing not less than four per cent of	83403
alcohol by volume and not more than fourteen per cent of alcohol	83404
by volume, ninety-eight cents per wine gallon for wine containing	83405
more than fourteen per cent but not more than twenty-one per cent	83406
of alcohol by volume, one dollar and eight cents per wine gallon	83407
for vermouth, and one dollar and forty-eight cents per wine gallon	83408
for sparkling and carbonated wine and champagne, the tax to be	83409
paid by the holders of A-2 and B-5 permits or by any other person	83410
selling or distributing wine upon which no tax has been paid. From	83411
the tax paid under this section on wine, vermouth, and sparkling	83412
and carbonated wine and champagne, the treasurer of state shall	83413
credit to the Ohio grape industries fund created under section	83414
924.54 of the Revised Code a sum equal to one cent per gallon for	83415
each gallon upon which the tax is paid.	83416

(C) For the purpose of providing revenues for the support of	83417
the state, there is hereby levied a tax on prepared and bottled	83418
highballs, cocktails, cordials, and other mixed beverages at the	83419
rate of one dollar and twenty cents per wine gallon to be paid by	83420
holders of A-4 permits or by any other person selling or	83421
distributing those products upon which no tax has been paid. Only	83422
one sale of the same article shall be used in computing the amount	83423
of tax due. The tax on mixed beverages to be paid by holders of	83424
A-4 permits under this section shall not attach until the	83425
ownership of the mixed beverage is transferred for valuable	83426
consideration to a wholesaler or retailer, and no payment of the	83427
tax shall be required prior to that time.	83428

(D) During the period of July 1, ~~2009~~2011, through June 30,	83429
~~2011~~2013, from the tax paid under this section on wine, vermouth,	83430
and sparkling and carbonated wine and champagne, the treasurer of	83431
state shall credit to the Ohio grape industries fund created under	83432
section 924.54 of the Revised Code a sum equal to two cents per	83433
gallon upon which the tax is paid. The amount credited under this	83434
division is in addition to the amount credited to the Ohio grape	83435
industries fund under division (B) of this section.	83436

(E) For the purpose of providing revenues for the support of	83437
the state, there is hereby levied a tax on cider at the rate of	83438
twenty-four cents per wine gallon to be paid by the holders of A-2	83439
and B-5 permits or by any other person selling or distributing	83440
cider upon which no tax has been paid. Only one sale of the same	83441
article shall be used in computing the amount of the tax due.	83442

Sec. 4301.62. (A) As used in this section:

83443

(1) "Chauffeured limousine" means a vehicle registered under	83444
section 4503.24 of the Revised Code.	83445

(2) "Street," "highway," and "motor vehicle" have the same	83446
meanings as in section 4511.01 of the Revised Code.	83447

(B) No person shall have in the person's possession an opened	83448
container of beer or intoxicating liquor in any of the following	83449
circumstances:	83450

(1) In a state liquor store;

83451

(2) Except as provided in division (C) of this section, on	83452
the premises of the holder of any permit issued by the division of	83453
liquor control;	83454

(3) In any other public place;

83455

(4) Except as provided in division (D) or (E) of this	83456
section, while operating or being a passenger in or on a motor	83457
vehicle on any street, highway, or other public or private	83458
property open to the public for purposes of vehicular travel or	83459
parking;	83460

(5) Except as provided in division (D) or (E) of this	83461
section, while being in or on a stationary motor vehicle on any	83462
street, highway, or other public or private property open to the	83463
public for purposes of vehicular travel or parking.	83464

(C)(1) A person may have in the person's possession an opened	83465
container of any of the following:	83466

(a) Beer or intoxicating liquor that has been lawfully	83467
purchased for consumption on the premises where bought from the	83468
holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a,	83469
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	83470
D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, or	83471
F-8 permit;	83472

(b) Beer, wine, or mixed beverages served for consumption on	83473
the premises by the holder of an F-3 permit or wine served for	83474
consumption on the premises by the holder of an F-4 or F-6 permit;	83475

(c) Beer or intoxicating liquor consumed on the premises of a	83476
convention facility as provided in section 4303.201 of the Revised	83477
Code;	83478

(d) Beer or intoxicating liquor to be consumed during	83479
tastings and samplings approved by rule of the liquor control	83480
commission.	83481

(2) A person may have in the person's possession on an F	83482
liquor permit premises an opened container of beer or intoxicating	83483
liquor that was not purchased from the holder of the F permit if	83484
the premises for which the F permit is issued is a music festival	83485
and the holder of the F permit grants permission for that	83486
possession on the premises during the period for which the F	83487
permit is issued. As used in this division, "music festival" means	83488
a series of outdoor live musical performances, extending for a	83489
period of at least three consecutive days and located on an area	83490
of land of at least forty acres.	83491

(3)(a) A person may have in the person's possession on a D-2	83492
liquor permit premises an opened or unopened container of wine	83493
that was not purchased from the holder of the D-2 permit if the	83494
premises for which the D-2 permit is issued is an outdoor	83495
performing arts center, the person is attending an orchestral	83496
performance, and the holder of the D-2 permit grants permission	83497
for the possession and consumption of wine in certain	83498
predesignated areas of the premises during the period for which	83499
the D-2 permit is issued.	83500

(b) As used in division (C)(3)(a) of this section:

83501

(i) "Orchestral performance" means a concert comprised of a	83502
group of not fewer than forty musicians playing various musical	83503
instruments.	83504

(ii) "Outdoor performing arts center" means an outdoor	83505
performing arts center that is located on not less than one	83506
hundred fifty acres of land and that is open for performances from	83507
the first day of April to the last day of October of each year.	83508

(4) A person may have in the person's possession an opened or	83509
unopened container of beer or intoxicating liquor at an outdoor	83510
location at which the person is attending an orchestral	83511
performance as defined in division (C)(3)(b)(i) of this section if	83512
the person with supervision and control over the performance	83513
grants permission for the possession and consumption of beer or	83514
intoxicating liquor in certain predesignated areas of that outdoor	83515
location.	83516

(D) This section does not apply to a person who pays all or a	83517
portion of the fee imposed for the use of a chauffeured limousine	83518
pursuant to a prearranged contract, or the guest of the person,	83519
when all of the following apply:	83520

(1) The person or guest is a passenger in the limousine.

83521

(2) The person or guest is located in the limousine, but is	83522
not occupying a seat in the front compartment of the limousine	83523
where the operator of the limousine is located.	83524

(3) The limousine is located on any street, highway, or other	83525
public or private property open to the public for purposes of	83526
vehicular travel or parking.	83527

(E) An opened bottle of wine that was purchased from the	83528
holder of a permit that authorizes the sale of wine for	83529
consumption on the premises where sold is not an opened container	83530
for the purposes of this section if both of the following apply:	83531

(1) The opened bottle of wine is securely resealed by the	83532
permit holder or an employee of the permit holder before the	83533
bottle is removed from the premises. The bottle shall be secured	83534
in such a manner that it is visibly apparent if the bottle has	83535
been subsequently opened or tampered with.	83536

(2) The opened bottle of wine that is resealed in accordance	83537
with division (E)(1) of this section is stored in the trunk of a	83538
motor vehicle or, if the motor vehicle does not have a trunk,	83539
behind the last upright seat or in an area not normally occupied	83540
by the driver or passengers and not easily accessible by the	83541
driver.	83542

Sec. 4301.80. (A) As used in this section, "community	83543
entertainment district" means a bounded area that includes or will	83544
include a combination of entertainment, retail, educational,	83545
sporting, social, cultural, or arts establishments within close	83546
proximity to some or all of the following types of establishments	83547
within the district, or other types of establishments similar to	83548
these:	83549

(1) Hotels;

83550

(2) Restaurants;

83551

(3) Retail sales establishments;

83552

(4) Enclosed shopping centers;

83553

(5) Museums;

83554

(6) Performing arts theaters;

83555

(7) Motion picture theaters;

83556

(8) Night clubs;

83557

(9) Convention facilities;

83558

(10) Sports facilities;

83559

(11) Entertainment facilities or complexes;

83560

(12) Any combination of the establishments described in	83561
division (A)(1) to (11) of this section that provide similar	83562
services to the community.	83563

(B) Any owner of property located in a municipal corporation	83564
seeking to have that property, or that property and other	83565
surrounding property, designated as a community entertainment	83566
district shall file an application seeking this designation with	83567
the mayor of the municipal corporation in which that property is	83568
located. Any owner of property located in the unincorporated area	83569
of a township seeking to have that property, or that property and	83570
other surrounding property, designated as a community	83571
entertainment district shall file an application seeking this	83572
designation with the board of township trustees of the township in	83573
whose unincorporated area that property is located. An application	83574
to designate an area as a community entertainment district shall	83575
contain all of the following:	83576

(1) The applicant's name and address;

83577

(2) A map or survey of the proposed community entertainment	83578
district in sufficient detail to identify the boundaries of the	83579
district and the property owned by the applicant;	83580

(3) A general statement of the nature and types of	83581
establishments described in division (A) of this section that are	83582
or will be located within the proposed community improvement	83583
district and any other establishments located in the proposed	83584
community entertainment district that are not described in	83585
division (A) of this section;	83586

(4) If some or all of the establishments within the proposed	83587
community entertainment district have not yet been developed, the	83588
proposed time frame for completing the development of these	83589
establishments;	83590

(5) Evidence that the uses of land within the proposed	83591
community entertainment district are in accord with the municipal	83592
corporation's or township's master zoning plan or map;	83593

(6) A certificate from a surveyor or engineer licensed under	83594
Chapter 4733. of the Revised Code indicating that the area	83595
encompassed by the proposed community entertainment district	83596
contains no less than twenty contiguous acres;	83597

(7) A handling and processing fee to accompany the	83598
application, payable to the applicable municipal corporation or	83599
township, in an amount determined by that municipal corporation or	83600
township.	83601

(C) An application described in division (B) of this section	83602
relating to an area located in a municipal corporation shall be	83603
addressed and submitted to the mayor of the municipal corporation	83604
in which the area described in the application is located. The	83605
mayor, within thirty days after receiving the application, shall	83606
submit the application with the mayor's recommendation to the	83607
legislative authority of the municipal corporation. An application	83608
described in division (B) of this section relating to an area	83609
located in the unincorporated area of a township shall be	83610
addressed and submitted to the board of township trustees of the	83611
township in whose unincorporated area the area described in the	83612
application is located. The application is a public record for	83613
purposes of section 149.43 of the Revised Code upon its receipt by	83614
the mayor or board of township trustees.	83615

Within thirty days after it receives the application and the	83616
mayor's recommendations relating to the application, the	83617
legislative authority of the municipal corporation, by notice	83618
published once a week for two consecutive weeks in ~~at least~~ one	83619
newspaper of general circulation in the municipal corporation or	83620
as provided in section 7.16 of the Revised Code, shall notify the	83621
public that the application is on file in the office of the clerk	83622
of the municipal corporation and is available for inspection by	83623
the public during regular business hours. Within thirty days after	83624
it receives the application, the board of township trustees, by	83625
notice published once a week for two consecutive weeks in ~~at least~~	83626
one newspaper of general circulation in the township or as	83627
provided in section 7.16 of the Revised Code, shall notify the	83628
public that the application is on file in the office of the	83629
township fiscal officer and is available for inspection by the	83630
public during regular business hours. The notice shall also	83631
indicate the date and time of any public hearing by the	83632
legislative authority or board of township trustees on the	83633
application.	83634

Within seventy-five days after the date the application is	83635
filed with the mayor of a municipal corporation, the legislative	83636
authority of the municipal corporation by ordinance or resolution	83637
shall approve or disapprove the application based on whether the	83638
proposed community entertainment district does or will	83639
substantially contribute to entertainment, retail, educational,	83640
sporting, social, cultural, or arts opportunities for the	83641
community. The community considered shall at a minimum include the	83642
municipal corporation in which the community is located. Any	83643
approval of an application shall be by an affirmative majority	83644
vote of the legislative authority.	83645

Within seventy-five days after the date the application is	83646
filed with a board of township trustees, the board by resolution	83647
shall approve or disapprove the application based on whether the	83648
proposed community entertainment district does or will	83649
substantially contribute to entertainment, retail, educational,	83650
sporting, social, cultural, or arts opportunities for the	83651
community. The community considered shall at a minimum include the	83652
township in which the community is located. Any approval of an	83653
application shall be by an affirmative majority vote of the board	83654
of township trustees.	83655

If the legislative authority or board of township trustees	83656
disapproves the application, the applicant may make changes in the	83657
application to secure its approval by the legislative authority or	83658
board of township trustees. Any area approved by the legislative	83659
authority or board of township trustees constitutes a community	83660
entertainment district, and a local option election may be	83661
conducted in the district, as a type of community facility, under	83662
section 4301.356 of the Revised Code.	83663

(D) All or part of an area designated as a community	83664
entertainment district may lose this designation as provided in	83665
this division. The legislative authority of a municipal	83666
corporation in which a community entertainment district is	83667
located, or the board of township trustees of the township in	83668
whose unincorporated area a community entertainment district is	83669
located, after giving notice of its proposed action by publication	83670
once a week for two consecutive weeks in ~~at least~~ one newspaper of	83671
general circulation in the municipal corporation or township or as	83672
provided in section 7.16 of the Revised Code, may determine by	83673
ordinance or resolution in the case of the legislative authority	83674
of a municipal corporation, or by resolution in the case of a	83675
board of township trustees of a township, that all or part of the	83676
area fails to meet the standards described in this section for	83677
designation of an area as a community entertainment district. If	83678
the legislative authority or board so determines, the area	83679
designated in the ordinance or resolution no longer constitutes a	83680
community entertainment district.	83681

Sec. 4301.81. (A) As used in this section:

83682

(1) "Revitalization district" means a bounded area that	83683
includes or will include a combination of entertainment, retail,	83684
educational, sporting, social, cultural, or arts establishments	83685
within close proximity to some or all of the following types of	83686
establishments within the district, or other types of	83687
establishments similar to these:	83688

(a) Hotels;

83689

(b) Restaurants;

83690

83691

(d) Enclosed shopping centers;

83692

(e) Museums;

83693

(f) Performing arts theaters;

83694

(g) Motion picture theaters;

83695

(h) Night clubs;

83696

(i) Convention facilities;

83697

(j) Sports facilities;

83698

(k) Entertainment facilities or complexes;

83699

(l) Any combination of the establishments described in	83700
divisions (A)(1)(a) to (k) of this section that provide similar	83701
services to the community.	83702

(2) "Municipal corporation" means a municipal corporation	83703
with a population of less than one hundred thousand.	83704

(3) "Township" means a township with a population in its	83705
unincorporated area of less than one hundred thousand.	83706

(B) Any owner of property located in a municipal corporation	83707
seeking to have that property, or that property and other	83708
surrounding property, designated as a revitalization district	83709
shall file an application seeking this designation with the mayor	83710
of the municipal corporation in which that property is located.	83711
Any owner of property located in the unincorporated area of a	83712
township seeking to have that property, or that property and other	83713
surrounding property, designated as a revitalization district	83714
shall file an application seeking this designation with the board	83715
of township trustees of the township in whose unincorporated area	83716
that property is located. An application to designate an area as a	83717
revitalization district shall contain all of the following:	83718

(1) The applicant's name and address;

83719

(2) A map or survey of the proposed revitalization district	83720
in sufficient detail to identify the boundaries of the district	83721
and the property owned by the applicant;	83722

(3) A general statement of the nature and types of	83723
establishments described in division (A) of this section that are	83724
or will be located within the proposed revitalization district and	83725
any other establishments located in the proposed revitalization	83726
district that are not described in division (A) of this section;	83727

(4) If some or all of the establishments within the proposed	83728
revitalization district have not yet been developed, the proposed	83729
time frame for completing the development of these establishments;	83730

(5) Evidence that the uses of land within the proposed	83731
revitalization district are in accord with the municipal	83732
corporation's or township's master zoning plan or map; and	83733

(6) A handling and processing fee to accompany the	83734
application, payable to the applicable municipal corporation or	83735
township, in an amount determined by that municipal corporation or	83736
township.	83737

(C) An application relating to an area located in a municipal	83738
corporation shall be addressed and submitted to the mayor of the	83739
municipal corporation in which the area described in the	83740
application is located. The mayor, within thirty days after	83741
receiving the application, shall submit the application with the	83742
mayor's recommendation to the legislative authority of the	83743
municipal corporation. An application relating to an area located	83744
in the unincorporated area of a township shall be addressed and	83745
submitted to the board of township trustees of the township in	83746
whose unincorporated area the area described in the application is	83747
located. The application is a public record for purposes of	83748
section 149.43 of the Revised Code upon its receipt by the mayor	83749
or board of township trustees.	83750

Within thirty days after it receives the application and the	83751
mayor's recommendations relating to the application, the	83752
legislative authority of the municipal corporation, by notice	83753
published once a week for two consecutive weeks in ~~at least~~ one	83754
newspaper of general circulation in the municipal corporation or	83755
as provided in section 7.16 of the Revised Code, shall notify the	83756
public that the application is on file in the office of the clerk	83757
of the municipal corporation and is available for inspection by	83758
the public during regular business hours. Within thirty days after	83759
it receives the application, the board of township trustees, by	83760
notice published once a week for two consecutive weeks in ~~at least~~	83761
one newspaper of general circulation in the township or as	83762
provided in section 7.16 of the Revised Code, shall notify the	83763
public that the application is on file in the office of the	83764
township fiscal officer and is available for inspection by the	83765
public during regular business hours. The notice shall also	83766
indicate the date and time of any public hearing by the municipal	83767
legislative authority or board of township trustees on the	83768
application.	83769

Within seventy-five days after the date the application is	83770
filed with the mayor of a municipal corporation, the legislative	83771
authority of the municipal corporation by ordinance or resolution	83772
shall approve or disapprove the application based on whether the	83773
proposed revitalization district does or will substantially	83774
contribute to entertainment, retail, educational, sporting,	83775
social, cultural, or arts opportunities for the community. The	83776
community considered shall at a minimum include the municipal	83777
corporation in which the community is located. Any approval of an	83778
application shall be by an affirmative majority vote of the	83779
legislative authority. Not more than one revitalization district	83780
shall be designated within the municipal corporation.	83781

Within seventy-five days after the date the application is	83782
filed with a board of township trustees, the board by resolution	83783
shall approve or disapprove the application based on whether the	83784
proposed revitalization district does or will substantially	83785
contribute to entertainment, retail, educational, sporting,	83786
social, cultural, or arts opportunities for the community. The	83787
community considered shall at a minimum include the township in	83788
which the community is located. Any approval of an application	83789
shall be by an affirmative majority vote of the board of township	83790
trustees. Not more than one revitalization district shall be	83791
designated within the unincorporated area of the township.	83792

If the municipal legislative authority or board of township	83793
trustees disapproves the application, the applicant may make	83794
changes in the application to secure its approval by the	83795
legislative authority or board of township trustees. Any area	83796
approved by the legislative authority or board of township	83797
trustees constitutes a revitalization district, and a local option	83798
election may be conducted in the district, as a type of community	83799
facility, under section 4301.356 of the Revised Code.	83800

(D) All or part of an area designated as a revitalization	83801
district may lose this designation as provided in this division.	83802
The legislative authority of a municipal corporation in which a	83803
revitalization district is located, or the board of township	83804
trustees of the township in whose unincorporated area a	83805
revitalization district is located, after giving notice of its	83806
proposed action by publication once a week for two consecutive	83807
weeks in ~~at least~~ one newspaper of general circulation in the	83808
municipal corporation or township or as provided in section 7.16	83809
of the Revised Code, may determine by ordinance or resolution in	83810
the case of the legislative authority of a municipal corporation,	83811
or by resolution in the case of a board of township trustees of a	83812
township, that all or part of the area fails to meet the standards	83813
described in this section for designation of an area as a	83814
revitalization district. If the legislative authority or board so	83815
determines, the area designated in the ordinance or resolution no	83816
longer constitutes a revitalization district.	83817

Sec. 4313.01. As used in this chapter:

83818

(A) "Enterprise acquisition project" means, as applicable,	83819
all or any portion of the capital or other assets of the	83820
spirituous liquor distribution and merchandising operations of the	83821
division of liquor control, including, without limitation,	83822
inventory, real property rights, equipment, furnishings, the	83823
spirituous liquor distribution system including transportation,	83824
the monetary management system, warehouses, contract rights,	83825
rights to take assignment of contracts and related receipts and	83826
revenues, accounts receivable, the exclusive right to manage and	83827
control spirituous liquor distribution and merchandising and to	83828
sell spirituous liquor in the state subject to the control of the	83829
division of liquor control pursuant to the terms of the transfer	83830
agreement, and all necessary appurtenances thereto, or leasehold	83831
interests therein, and the assets and liabilities of the	83832
facilities establishment fund.	83833

(B) "JobsOhio" means the nonprofit corporation formed under	83834
section 187.01 of the Revised Code and includes any subsidiary of	83835
that corporation unless otherwise specified or clearly implied	83836
from the context, together with any successor or assignee of that	83837
corporation or any such subsidiary if and to the extent permitted	83838
by the transfer agreement or Chapter 187. of the Revised Code.	83839

(C) "Spirituous liquor profits" means all receipts	83840
representing the gross profit on the sale of spirituous liquor, as	83841
referred to in division (B)(4) of section 4301.10 of the Revised	83842
Code, less the costs, expenses, and working capital provided for	83843
therein, but excluding the sum required by the second paragraph of	83844
section 4301.12 of the Revised Code, as in effect on May 2, 1980,	83845
to be paid into the state treasury, provided that from and after	83846
the initial transfer of the enterprise acquisition project to	83847
JobsOhio and until the transfer back to the state under division	83848
(D) of section 4313.02 of the Revised Code, the reference in	83849
division (B)(4) of section 4301.10 of the Revised Code to all	83850
costs and expenses of the division and also an adequate working	83851
capital reserve for the division shall be to all costs and	83852
expenses of JobsOhio and providing an adequate working capital	83853
reserve for JobsOhio.	83854

(D) "Transfer" means an assignment and sale, conveyance,	83855
granting of a franchise, lease, or transfer of all or an interest.	83856

(E) "Transfer agreement" means the agreement entered into	83857
between the state and JobsOhio providing for the transfer of the	83858
enterprise acquisition project pursuant to section 4313.02 of the	83859
Revised Code and any amendments or supplements thereto.	83860

Sec. 4313.02. (A) The state may transfer to JobsOhio, and	83861
JobsOhio may accept the transfer of, all or a portion of the	83862
enterprise acquisition project for a transfer price payable by	83863
JobsOhio to the state. Any such transfer shall be treated as an	83864
absolute conveyance and true sale of the interest in the	83865
enterprise acquisition project purported to be conveyed for all	83866
purposes, and not as a pledge or other security interest. The	83867
characterization of any such transfer as a true sale and absolute	83868
conveyance shall not be negated or adversely affected by the	83869
acquisition or retention by the state of a residual or	83870
reversionary interest in the enterprise acquisition project, the	83871
participation of any state officer or employee as a member or	83872
officer of, or contracting for staff support to, JobsOhio or any	83873
subsidiary of JobsOhio, any regulatory responsibility of an	83874
officer or employee of the state, including the authority to	83875
collect amounts to be received in connection therewith, the	83876
retention of the state of any legal title to or interest in any	83877
portion of the enterprise acquisition project for the purpose of	83878
regulatory activities, or any characterization of JobsOhio or	83879
obligations of JobsOhio under accounting, taxation, or securities	83880
regulations, or any other reason whatsoever. An absolute	83881
conveyance and true sale or lease shall exist under this section	83882
regardless of whether JobsOhio has any recourse against the state	83883
or the treatment or characterization of the transfer as a	83884
financing for any purpose. Upon and following the transfer, the	83885
state shall not have any right, title, or interest in the	83886
enterprise acquisition project so transferred other than any	83887
residual interest that may be described in the transfer agreement	83888
pursuant to the following paragraph and division (D) of this	83889
section. Any determination of the fair market value of the	83890
enterprise acquisition project reflected in the transfer agreement	83891
shall be conclusive and binding on the state and JobsOhio.	83892

Any transfer of the enterprise acquisition project that is a	83893
lease or grant of a franchise shall be for a term not to exceed	83894
twenty-five years. Any transfer of the enterprise acquisition	83895
project that is an assignment and sale, conveyance, or other	83896
transfer shall contain a provision that the state shall have the	83897
option to have conveyed or transferred back to it, at no cost, the	83898
enterprise acquisition project, as it then exists, no later than	83899
twenty-five years after the original transfer authorized in the	83900
transfer agreement on such other terms as shall be provided in the	83901
transfer agreement.	83902

The exercise of the powers granted by this section will be	83903
for the benefit of the people of the state. All or any portion of	83904
the enterprise acquisition project transferred pursuant to the	83905
transfer agreement that would be exempt from real property taxes	83906
or assessments or real property taxes or assessments in the	83907
absence of such transfer shall, as it may from time to time exist	83908
thereafter, remain exempt from real property taxes or assessments	83909
levied by the state and its subdivisions to the same extent as if	83910
not transferred. The gross receipts and income of JobsOhio derived	83911
from the enterprise acquisition project shall be exempt from	83912
taxation levied by the state and its subdivisions, including, but	83913
not limited to, the taxes levied pursuant to Chapters 718., 5739.,	83914
5741., 5747., and 5751. of the Revised Code. Any transfer from the	83915
state to JobsOhio of the enterprise acquisition project, or item	83916
included or to be included in the project, shall be exempt from	83917
the taxes levied pursuant to Chapters 5739. and 5741. of the	83918
Revised Code.	83919

(B) The proceeds of any transfer under division (A) of this	83920
section may be expended as provided in the transfer agreement for	83921
any one or more of the following purposes:	83922

(1) Funding, payment, or defeasance of outstanding bonds	83923
issued pursuant to Chapters 151. and 166. of the Revised Code and	83924
secured by pledged liquor profits as defined in section 151.40 of	83925
the Revised Code;	83926

(2) Deposit into the general revenue fund;

83927

(3) Deposit into the clean Ohio revitalization fund created	83928
pursuant to section 122.658 of the Revised Code, the innovation	83929
Ohio loan fund created pursuant to section 166.16 of the Revised	83930
Code, the research and development loan fund created pursuant to	83931
section 166.20 of the Revised Code, the logistics and distribution	83932
infrastructure fund created pursuant to section 166.26 of the	83933
Revised Code, the advanced energy research and development fund	83934
created pursuant to section 3706.27 of the Revised Code, and the	83935
advanced energy research and development taxable fund created	83936
pursuant to section 3706.27 of the Revised Code;	83937

(4) Conveyance to JobsOhio for the purposes for which it was	83938
created.	83939

(C)(1) The state may covenant, pledge, and agree in the	83940
transfer agreement, with and for the benefit of JobsOhio, that it	83941
shall maintain statutory authority for the enterprise acquisition	83942
project and the revenues of the enterprise acquisition project and	83943
not otherwise materially impair any obligations supported by a	83944
pledge of revenues of the enterprise acquisition project. The	83945
transfer agreement may provide or authorize the manner for	83946
determining material impairment of the security for any such	83947
outstanding obligations, including by assessing and evaluating the	83948
revenues of the enterprise acquisition project.	83949

(2) The director of budget and management, in consultation	83950
with the director of commerce, may, without need for any other	83951
approval, negotiate terms of any documents, including the transfer	83952
agreement, necessary to effect the transfer and the acceptance of	83953
the transfer of the enterprise acquisition project. The director	83954
of budget and management and the director of commerce shall	83955
execute the transfer agreement on behalf of the state. The	83956
director of budget and management may also, without need for any	83957
other approval, retain or contract for the services of commercial	83958
appraisers, underwriters, investment bankers, and financial	83959
advisers, as are necessary in the judgment of the director of	83960
budget and management to effect the transfer agreement. Any	83961
transfer agreement may contain terms and conditions established by	83962
the state to carry out and effectuate the purposes of this	83963
section, including, without limitation, covenants binding the	83964
state in favor of JobsOhio. Any such transfer agreement shall be	83965
sufficient to effectuate the transfer without regard to any other	83966
laws governing other property sales or financial transactions by	83967
the state. The director of budget and management may create any	83968
funds or accounts, within or without the state treasury, as are	83969
needed for the transactions and activities authorized by this	83970
section.	83971

(3) The transfer agreement may authorize JobsOhio, in the	83972
ordinary course of doing business, to convey, lease, release, or	83973
otherwise dispose of any regular inventory or tangible personal	83974
property. Ownership of the interest in the enterprise acquisition	83975
project that is transferred to JobsOhio under this section and the	83976
transfer agreement shall be maintained in JobsOhio or a nonprofit	83977
entity the sole member of which is JobsOhio until the enterprise	83978
acquisition project is transferred back to the state pursuant to	83979
the second paragraph of division (A) and division (D) of this	83980
section.	83981

(D) The transfer agreement may authorize JobsOhio to fix,	83982
alter, and collect rentals and other charges for the use and	83983
occupancy of all or any portion of the enterprise acquisition	83984
project and to lease any portion of the enterprise acquisition	83985
project to the state, and shall include a contract with, or the	83986
granting of an option to, the state to have the enterprise	83987
acquisition project, as it then exists, transferred back to it	83988
without charge in accordance with the terms of the transfer	83989
agreement after retirement or redemption, or provision therefor,	83990
of all obligations supported by a pledge of spirituous liquor	83991
profits.	83992

(E) JobsOhio, the director of budget and management, and the	83993
director of commerce shall, subject to approval by the controlling	83994
board, enter into a contract, which may be part of the transfer	83995
agreement, for the continuing operation by the division of liquor	83996
control of spirituous liquor distribution and merchandising	83997
subject to standards for performance provided in that contract	83998
that may relate to or support division (C)(1) of this section. The	83999
contract shall establish other terms and conditions for the	84000
assignment of duties to, and the provision of advice, services,	84001
and other assistance by, the division of liquor control, including	84002
providing for the necessary staffing and payment by JobsOhio of	84003
appropriate compensation to the division for the performance of	84004
such duties and the provision of such advice, services, and other	84005
assistance. The division of liquor control shall manage and	84006
actively supervise the activities required or authorized under	84007
sections 4301.10 and 4301.17 of the Revised Code as those sections	84008
exist on the effective date of this section, including, but not	84009
limited to, controlling the traffic in intoxicating liquor in this	84010
state and fixing the wholesale and retail prices at which the	84011
various classes, varieties, and brands of spirituous liquor are	84012
sold.	84013

(F) The transfer agreement shall require JobsOhio to pay for	84014
the operations of the division of liquor control with regard to	84015
the spirituous liquor merchandising operations of the division.	84016
The payments from JobsOhio shall be deposited into the state	84017
treasury to the credit of the liquor control fund created in	84018
section 4301.12 of the Revised Code.	84019

(G) The transaction and transfer provided for under this	84020
section shall comply with all applicable provisions of the Ohio	84021
Constitution.	84022

Sec. 4503.06. (A) The owner of each manufactured or mobile	84023
home that has acquired situs in this state shall pay either a real	84024
property tax pursuant to Title LVII of the Revised Code or a	84025
manufactured home tax pursuant to division (C) of this section.	84026

(B) The owner of a manufactured or mobile home shall pay real	84027
property taxes if either of the following applies:	84028

(1) The manufactured or mobile home acquired situs in the	84029
state or ownership in the home was transferred on or after January	84030
1, 2000, and all of the following apply:	84031

(a) The home is affixed to a permanent foundation as defined	84032
in division (C)(5) of section 3781.06 of the Revised Code.	84033

(b) The home is located on land that is owned by the owner of	84034
the home.	84035

(c) The certificate of title has been inactivated by the	84036
clerk of the court of common pleas that issued it, pursuant to	84037
division (H) of section 4505.11 of the Revised Code.	84038

(2) The manufactured or mobile home acquired situs in the	84039
state or ownership in the home was transferred before January 1,	84040
2000, and all of the following apply:	84041

(a) The home is affixed to a permanent foundation as defined	84042
in division (C)(5) of section 3781.06 of the Revised Code.	84043

(b) The home is located on land that is owned by the owner of	84044
the home.	84045

(c) The owner of the home has elected to have the home taxed	84046
as real property and, pursuant to section 4505.11 of the Revised	84047
Code, has surrendered the certificate of title to the auditor of	84048
the county containing the taxing district in which the home has	84049
its situs, together with proof that all taxes have been paid.	84050

(d) The county auditor has placed the home on the real	84051
property tax list and delivered the certificate of title to the	84052
clerk of the court of common pleas that issued it and the clerk	84053
has inactivated the certificate.	84054

(C)(1) Any mobile or manufactured home that is not taxed as	84055
real property as provided in division (B) of this section is	84056
subject to an annual manufactured home tax, payable by the owner,	84057
for locating the home in this state. The tax as levied in this	84058
section is for the purpose of supplementing the general revenue	84059
funds of the local subdivisions in which the home has its situs	84060
pursuant to this section.	84061

(2) The year for which the manufactured home tax is levied	84062
commences on the first day of January and ends on the following	84063
thirty-first day of December. The state shall have the first lien	84064
on any manufactured or mobile home on the list for the amount of	84065
taxes, penalties, and interest charged against the owner of the	84066
home under this section. The lien of the state for the tax for a	84067
year shall attach on the first day of January to a home that has	84068
acquired situs on that date. The lien for a home that has not	84069
acquired situs on the first day of January, but that acquires	84070
situs during the year, shall attach on the next first day of	84071
January. The lien shall continue until the tax, including any	84072
penalty or interest, is paid.	84073

(3)(a) The situs of a manufactured or mobile home located in	84074
this state on the first day of January is the local taxing	84075
district in which the home is located on that date.	84076

(b) The situs of a manufactured or mobile home not located in	84077
this state on the first day of January, but located in this state	84078
subsequent to that date, is the local taxing district in which the	84079
home is located thirty days after it is acquired or first enters	84080
this state.	84081

(4) The tax is collected by and paid to the county treasurer	84082
of the county containing the taxing district in which the home has	84083
its situs.	84084

(D) The manufactured home tax shall be computed and assessed	84085
by the county auditor of the county containing the taxing district	84086
in which the home has its situs as follows:	84087

(1) On a home that acquired situs in this state prior to	84088
January 1, 2000:	84089

(a) By multiplying the assessable value of the home by the	84090
tax rate of the taxing district in which the home has its situs,	84091
and deducting from the product thus obtained any reduction	84092
authorized under section 4503.065 of the Revised Code. The tax	84093
levied under this formula shall not be less than thirty-six	84094
dollars, unless the home qualifies for a reduction in assessable	84095
value under section 4503.065 of the Revised Code, in which case	84096
there shall be no minimum tax and the tax shall be the amount	84097
calculated under this division.	84098

(b) The assessable value of the home shall be forty per cent	84099
of the amount arrived at by the following computation:	84100

(i) If the cost to the owner, or market value at time of	84101
purchase, whichever is greater, of the home includes the	84102
furnishings and equipment, such cost or market value shall be	84103
multiplied according to the following schedule:	84104

For the first calendar year			84105
in which the			84106
home is owned by the			84107
current owner	x	80%	84108
2nd calendar year	x	75%	84109
3rd "	x	70%	84110
4th "	x	65%	84111
5th "	x	60%	84112
6th "	x	55%	84113
7th "	x	50%	84114
8th "	x	45%	84115
9th "	x	40%	84116
10th and each year thereafter	x	35%	84117

The first calendar year means any period between the first	84118
day of January and the thirty-first day of December of the first	84119
year.	84120

(ii) If the cost to the owner, or market value at the time of	84121
purchase, whichever is greater, of the home does not include the	84122
furnishings and equipment, such cost or market value shall be	84123
multiplied according to the following schedule:	84124

For the first calendar year			84125
in which the			84126
home is owned by the			84127
current owner	x	95%	84128
2nd calendar year	x	90%	84129
3rd "	x	85%	84130
4th "	x	80%	84131
5th "	x	75%	84132
6th "	x	70%	84133
7th "	x	65%	84134
8th "	x	60%	84135
9th "	x	55%	84136
10th and each year thereafter	x	50%	84137

The first calendar year means any period between the first	84138
day of January and the thirty-first day of December of the first	84139
year.	84140

(2) On a home in which ownership was transferred or that	84141
first acquired situs in this state on or after January 1, 2000:	84142

(a) By multiplying the assessable value of the home by the	84143
effective tax rate, as defined in section 323.08 of the Revised	84144
Code, for residential real property of the taxing district in	84145
which the home has its situs, and deducting from the product thus	84146
obtained the reductions required or authorized under section	84147
319.302, division (B) of section 323.152, or section 4503.065 of	84148
the Revised Code.	84149

(b) The assessable value of the home shall be thirty-five per	84150
cent of its true value as determined under division (L) of this	84151
section.	84152

(3) On or before the fifteenth day of January each year, the	84153
county auditor shall record the assessable value and the amount of	84154
tax on the manufactured or mobile home on the tax list and deliver	84155
a duplicate of the list to the county treasurer. In the case of an	84156
emergency as defined in section 323.17 of the Revised Code, the	84157
tax commissioner, by journal entry, may extend the times for	84158
delivery of the duplicate for an additional fifteen days upon	84159
receiving a written application from the county auditor regarding	84160
an extension for the delivery of the duplicate, or from the county	84161
treasurer regarding an extension of the time for the billing and	84162
collection of taxes. The application shall contain a statement	84163
describing the emergency that will cause the unavoidable delay and	84164
must be received by the tax commissioner on or before the last day	84165
of the month preceding the day delivery of the duplicate is	84166
otherwise required. When an extension is granted for delivery of	84167
the duplicate, the time period for payment of taxes shall be	84168
extended for a like period of time. When a delay in the closing of	84169
a tax collection period becomes unavoidable, the tax commissioner,	84170
upon application by the county auditor and county treasurer, may	84171
order the time for payment of taxes to be extended if the tax	84172
commissioner determines that penalties have accrued or would	84173
otherwise accrue for reasons beyond the control of the taxpayers	84174
of the county. The order shall prescribe the final extended date	84175
for payment of taxes for that collection period.	84176

(4) After January 1, 1999, the owner of a manufactured or	84177
mobile home taxed pursuant to division (D)(1) of this section may	84178
elect to have the home taxed pursuant to division (D)(2) of this	84179
section by filing a written request with the county auditor of the	84180
taxing district in which the home is located on or before the	84181
first day of December of any year. Upon the filing of the request,	84182
the county auditor shall determine whether all taxes levied under	84183
division (D)(1) of this section have been paid, and if those taxes	84184
have been paid, the county auditor shall tax the manufactured or	84185
mobile home pursuant to division (D)(2) of this section commencing	84186
in the next tax year.	84187

(5) A manufactured or mobile home that acquired situs in this	84188
state prior to January 1, 2000, shall be taxed pursuant to	84189
division (D)(2) of this section if no manufactured home tax had	84190
been paid for the home and the home was not exempted from taxation	84191
pursuant to division (E) of this section for the year for which	84192
the taxes were not paid.	84193

(6)(a) Immediately upon receipt of any manufactured home tax	84194
duplicate from the county auditor, but not less than twenty days	84195
prior to the last date on which the first one-half taxes may be	84196
paid without penalty as prescribed in division (F) of this	84197
section, the county treasurer shall cause to be prepared and	84198
mailed or delivered to each person charged on that duplicate with	84199
taxes, or to an agent designated by such person, the tax bill	84200
prescribed by the tax commissioner under division (D)(7) of this	84201
section. When taxes are paid by installments, the county treasurer	84202
shall mail or deliver to each person charged on such duplicate or	84203
the agent designated by that person a second tax bill showing the	84204
amount due at the time of the second tax collection. The second	84205
half tax bill shall be mailed or delivered at least twenty days	84206
prior to the close of the second half tax collection period. A	84207
change in the mailing address of any tax bill shall be made in	84208
writing to the county treasurer. Failure to receive a bill	84209
required by this section does not excuse failure or delay to pay	84210
any taxes shown on the bill or, except as provided in division	84211
(B)(1) of section 5715.39 of the Revised Code, avoid any penalty,	84212
interest, or charge for such delay.	84213

(b) After delivery of the copy of the delinquent manufactured	84214
home tax list under division (H) of this section, the county	84215
treasurer may prepare and mail to each person in whose name a home	84216
is listed an additional tax bill showing the total amount of	84217
delinquent taxes charged against the home as shown on the list.	84218
The tax bill shall include a notice that the interest charge	84219
prescribed by division (G) of this section has begun to accrue.	84220

(7) Each tax bill prepared and mailed or delivered under	84221
division (D)(6) of this section shall be in the form and contain	84222
the information required by the tax commissioner. The commissioner	84223
may prescribe different forms for each county and may authorize	84224
the county auditor to make up tax bills and tax receipts to be	84225
used by the county treasurer. The tax bill shall not contain or be	84226
mailed or delivered with any information or material that is not	84227
required by this section or that is not authorized by section	84228
321.45 of the Revised Code or by the tax commissioner. In addition	84229
to the information required by the commissioner, each tax bill	84230
shall contain the following information:	84231

(a) The taxes levied and the taxes charged and payable	84232
against the manufactured or mobile home;	84233

(b) The following notice: "Notice: If the taxes are not paid	84234
within sixty days after the county auditor delivers the delinquent	84235
manufactured home tax list to the county treasurer, you and your	84236
home may be subject to collection proceedings for tax	84237
delinquency." Failure to provide such notice has no effect upon	84238
the validity of any tax judgment to which a home may be subjected.	84239

(c) In the case of manufactured or mobile homes taxed under	84240
division (D)(2) of this section, the following additional	84241
information:	84242

(i) The effective tax rate. The words "effective tax rate"	84243
shall appear in boldface type.	84244

(ii) The following notice: "Notice: If the taxes charged	84245
against this home have been reduced by the 2-1/2 per cent tax	84246
reduction for residences occupied by the owner but the home is not	84247
a residence occupied by the owner, the owner must notify the	84248
county auditor's office not later than March 31 of the year for	84249
which the taxes are due. Failure to do so may result in the owner	84250
being convicted of a fourth degree misdemeanor, which is	84251
punishable by imprisonment up to 30 days, a fine up to $250, or	84252
both, and in the owner having to repay the amount by which the	84253
taxes were erroneously or illegally reduced, plus any interest	84254
that may apply.	84255

If the taxes charged against this home have not been reduced	84256
by the 2-1/2 per cent tax reduction and the home is a residence	84257
occupied by the owner, the home may qualify for the tax reduction.	84258
To obtain an application for the tax reduction or further	84259
information, the owner may contact the county auditor's office at	84260
.......... (insert the address and telephone number of the county	84261
auditor's office)."	84262

(E)(1) A manufactured or mobile home is not subject to this	84263
section when any of the following applies:	84264

(a) It is taxable as personal property pursuant to section	84265
5709.01 of the Revised Code. Any manufactured or mobile home that	84266
is used as a residence shall be subject to this section and shall	84267
not be taxable as personal property pursuant to section 5709.01 of	84268
the Revised Code.	84269

(b) It bears a license plate issued by any state other than	84270
this state unless the home is in this state in excess of an	84271
accumulative period of thirty days in any calendar year.	84272

(c) The annual tax has been paid on the home in this state	84273
for the current year.	84274

(d) The tax commissioner has determined, pursuant to section	84275
5715.27 of the Revised Code, that the property is exempt from	84276
taxation, or would be exempt from taxation under Chapter 5709. of	84277
the Revised Code if it were classified as real property.	84278

(2) A travel trailer or park trailer, as these terms are	84279
defined in section 4501.01 of the Revised Code, is not subject to	84280
this section if it is unused or unoccupied and stored at the	84281
owner's normal place of residence or at a recognized storage	84282
facility.	84283

(3) A travel trailer or park trailer, as these terms are	84284
defined in section 4501.01 of the Revised Code, is subject to this	84285
section and shall be taxed as a manufactured or mobile home if it	84286
has a situs longer than thirty days in one location and is	84287
connected to existing utilities, unless either of the following	84288
applies:	84289

(a) The situs is in a state facility or a camping or park	84290
area as defined in division (C), (Q), (S), or (V) of section	84291
3729.01 of the Revised Code.	84292

(b) The situs is in a camping or park area that is a tract of	84293
land that has been limited to recreational use by deed or zoning	84294
restrictions and subdivided for sale of five or more individual	84295
lots for the express or implied purpose of occupancy by either	84296
self-contained recreational vehicles as defined in division (T) of	84297
section 3729.01 of the Revised Code or by dependent recreational	84298
vehicles as defined in division (D) of section 3729.01 of the	84299
Revised Code.	84300

(F) Except as provided in division (D)(3) of this section,	84301
the manufactured home tax is due and payable as follows:	84302

(1) When a manufactured or mobile home has a situs in this	84303
state, as provided in this section, on the first day of January,	84304
one-half of the amount of the tax is due and payable on or before	84305
the first day of March and the balance is due and payable on or	84306
before the thirty-first day of July. At the option of the owner of	84307
the home, the tax for the entire year may be paid in full on the	84308
first day of March.	84309

(2) When a manufactured or mobile home first acquires a situs	84310
in this state after the first day of January, no tax is due and	84311
payable for that year.	84312

(G)(1)(a) Except as otherwise provided in division (G)(1)(b)	84313
of this section, if one-half of the current taxes charged under	84314
this section against a manufactured or mobile home, together with	84315
the full amount of any delinquent taxes, are not paid on or before	84316
the first day of March in that year, or on or before the last day	84317
for such payment as extended pursuant to section 4503.063 of the	84318
Revised Code, a penalty of ten per cent shall be charged against	84319
the unpaid balance of such half of the current taxes. If the total	84320
amount of all such taxes is not paid on or before the thirty-first	84321
day of July, next thereafter, or on or before the last day for	84322
payment as extended pursuant to section 4503.063 of the Revised	84323
Code, a like penalty shall be charged on the balance of the total	84324
amount of the unpaid current taxes.	84325

(b) After a valid delinquent tax contract that includes	84326
unpaid current taxes from a first-half collection period described	84327
in division (F) of this section has been entered into under	84328
section 323.31 of the Revised Code, no ten per cent penalty shall	84329
be charged against such taxes after the second-half collection	84330
period while the delinquent tax contract remains in effect. On the	84331
day a delinquent tax contract becomes void, the ten per cent	84332
penalty shall be charged against such taxes and shall equal the	84333
amount of penalty that would have been charged against unpaid	84334
current taxes outstanding on the date on which the second-half	84335
penalty would have been charged thereon under division (G)(1)(a)	84336
of this section if the contract had not been in effect.	84337

(2)(a) On the first day of the month following the last day	84338
the second installment of taxes may be paid without penalty	84339
beginning in 2000, interest shall be charged against and computed	84340
on all delinquent taxes other than the current taxes that became	84341
delinquent taxes at the close of the last day such second	84342
installment could be paid without penalty. The charge shall be for	84343
interest that accrued during the period that began on the	84344
preceding first day of December and ended on the last day of the	84345
month that included the last date such second installment could be	84346
paid without penalty. The interest shall be computed at the rate	84347
per annum prescribed by section 5703.47 of the Revised Code and	84348
shall be entered as a separate item on the delinquent manufactured	84349
home tax list compiled under division (H) of this section.	84350

(b) On the first day of December beginning in 2000, the	84351
interest shall be charged against and computed on all delinquent	84352
taxes. The charge shall be for interest that accrued during the	84353
period that began on the first day of the month following the last	84354
date prescribed for the payment of the second installment of taxes	84355
in the current year and ended on the immediately preceding last	84356
day of November. The interest shall be computed at the rate per	84357
annum prescribed by section 5703.47 of the Revised Code and shall	84358
be entered as a separate item on the delinquent manufactured home	84359
tax list.	84360

(c) After a valid undertaking has been entered into for the	84361
payment of any delinquent taxes, no interest shall be charged	84362
against such delinquent taxes while the undertaking remains in	84363
effect in compliance with section 323.31 of the Revised Code. If a	84364
valid undertaking becomes void, interest shall be charged against	84365
the delinquent taxes for the periods that interest was not	84366
permitted to be charged while the undertaking was in effect. The	84367
interest shall be charged on the day the undertaking becomes void	84368
and shall equal the amount of interest that would have been	84369
charged against the unpaid delinquent taxes outstanding on the	84370
dates on which interest would have been charged thereon under	84371
divisions (G)(1) and (2) of this section had the undertaking not	84372
been in effect.	84373

(3) If the full amount of the taxes due at either of the	84374
times prescribed by division (F) of this section is paid within	84375
ten days after such time, the county treasurer shall waive the	84376
collection of and the county auditor shall remit one-half of the	84377
penalty provided for in this division for failure to make that	84378
payment by the prescribed time.	84379

(4) The treasurer shall compile and deliver to the county	84380
auditor a list of all tax payments the treasurer has received as	84381
provided in division (G)(3) of this section. The list shall	84382
include any information required by the auditor for the remission	84383
of the penalties waived by the treasurer. The taxes so collected	84384
shall be included in the settlement next succeeding the settlement	84385
then in process.	84386

(H)(1) ~~Beginning in 2000, the~~The county auditor shall	84387
compile annually a "delinquent manufactured home tax list"	84388
consisting of homes the county treasurer's records indicate have	84389
taxes that were not paid within the time prescribed by divisions	84390
(D)(3) and (F) of this section, have taxes that remain unpaid from	84391
prior years, or have unpaid tax penalties or interest that have	84392
been assessed.	84393

(2) Within thirty days after the settlement under division	84394
(H)(2) of section 321.24 of the Revised Code ~~beginning in 2000~~,	84395
the county auditor shall deliver a copy of the delinquent	84396
manufactured home tax list to the county treasurer. The auditor	84397
shall update and publish the delinquent manufactured home tax list	84398
annually in the same manner as delinquent real property tax lists	84399
are published. The county auditor ~~shall~~may apportion the cost of	84400
publishing the list among taxing districts in proportion to the	84401
amount of delinquent manufactured home taxes so published that	84402
each taxing district is entitled to receive upon collection of	84403
those taxes, or the county auditor may charge the owner of a home	84404
on the list a flat fee established under section 319.54 of the	84405
Revised Code for the cost of publishing the list and, if the fee	84406
is not paid, may place the fee upon the delinquent manufactured	84407
home tax list as a lien on the listed home, to be collected as	84408
other manufactured home taxes.	84409

(3) When taxes, penalties, or interest are charged against a	84410
person on the delinquent manufactured home tax list and are not	84411
paid within sixty days after the list is delivered to the county	84412
treasurer, the county treasurer shall, in addition to any other	84413
remedy provided by law for the collection of taxes, penalties, and	84414
interest, enforce collection of such taxes, penalties, and	84415
interest by civil action in the name of the treasurer against the	84416
owner for the recovery of the unpaid taxes following the	84417
procedures for the recovery of delinquent real property taxes in	84418
sections 323.25 to 323.28 of the Revised Code. The action may be	84419
brought in municipal or county court, provided the amount charged	84420
does not exceed the monetary limitations for original jurisdiction	84421
for civil actions in those courts.	84422

It is sufficient, having made proper parties to the suit, for	84423
the county treasurer to allege in the treasurer's bill of	84424
particulars or petition that the taxes stand chargeable on the	84425
books of the county treasurer against such person, that they are	84426
due and unpaid, and that such person is indebted in the amount of	84427
taxes appearing to be due the county. The treasurer need not set	84428
forth any other matter relating thereto. If it is found on the	84429
trial of the action that the person is indebted to the state,	84430
judgment shall be rendered in favor of the county treasurer	84431
prosecuting the action. The judgment debtor is not entitled to the	84432
benefit of any law for stay of execution or exemption of property	84433
from levy or sale on execution in the enforcement of the judgment.	84434

Upon the filing of an entry of confirmation of sale or an	84435
order of forfeiture in a proceeding brought under this division,	84436
title to the manufactured or mobile home shall be in the	84437
purchaser. The clerk of courts shall issue a certificate of title	84438
to the purchaser upon presentation of proof of filing of the entry	84439
of confirmation or order and, in the case of a forfeiture,	84440
presentation of the county auditor's certificate of sale.	84441

(I) The total amount of taxes collected shall be distributed	84442
in the following manner: four per cent shall be allowed as	84443
compensation to the county auditor for the county auditor's	84444
service in assessing the taxes; two per cent shall be allowed as	84445
compensation to the county treasurer for the services the county	84446
treasurer renders as a result of the tax levied by this section.	84447
Such amounts shall be paid into the county treasury, to the credit	84448
of the county general revenue fund, on the warrant of the county	84449
auditor. Fees to be paid to the credit of the real estate	84450
assessment fund shall be collected pursuant to division (C) of	84451
section 319.54 of the Revised Code and paid into the county	84452
treasury, on the warrant of the county auditor. The balance of the	84453
taxes collected shall be distributed among the taxing subdivisions	84454
of the county in which the taxes are collected and paid in the	84455
same ratio as those taxes were collected for the benefit of the	84456
taxing subdivision. The taxes levied and revenues collected under	84457
this section shall be in lieu of any general property tax and any	84458
tax levied with respect to the privilege of using or occupying a	84459
manufactured or mobile home in this state except as provided in	84460
sections 4503.04 and 5741.02 of the Revised Code.	84461

(J) An agreement to purchase or a bill of sale for a	84462
manufactured home shall show whether or not the furnishings and	84463
equipment are included in the purchase price.	84464

(K) If the county treasurer and the county prosecuting	84465
attorney agree that an item charged on the delinquent manufactured	84466
home tax list is uncollectible, they shall certify that	84467
determination and the reasons to the county board of revision. If	84468
the board determines the amount is uncollectible, it shall certify	84469
its determination to the county auditor, who shall strike the item	84470
from the list.	84471

(L)(1) The county auditor shall appraise at its true value	84472
any manufactured or mobile home in which ownership is transferred	84473
or which first acquires situs in this state on or after January 1,	84474
2000, and any manufactured or mobile home the owner of which has	84475
elected, under division (D)(4) of this section, to have the home	84476
taxed under division (D)(2) of this section. The true value shall	84477
include the value of the home, any additions, and any fixtures,	84478
but not any furnishings in the home. In determining the true value	84479
of a manufactured or mobile home, the auditor shall consider all	84480
facts and circumstances relating to the value of the home,	84481
including its age, its capacity to function as a residence, any	84482
obsolete characteristics, and other factors that may tend to prove	84483
its true value.	84484

(2)(a) If a manufactured or mobile home has been the subject	84485
of an arm's length sale between a willing seller and a willing	84486
buyer within a reasonable length of time prior to the	84487
determination of true value, the county auditor shall consider the	84488
sale price of the home to be the true value for taxation purposes.	84489

(b) The sale price in an arm's length transaction between a	84490
willing seller and a willing buyer shall not be considered the	84491
true value of the home if either of the following occurred after	84492
the sale:	84493

(i) The home has lost value due to a casualty.

84494

(ii) An addition or fixture has been added to the home.

84495

(3) The county auditor shall have each home viewed and	84496
appraised at least once in each six-year period in the same year	84497
in which real property in the county is appraised pursuant to	84498
Chapter 5713. of the Revised Code, and shall update the appraised	84499
values in the third calendar year following the appraisal. The	84500
person viewing or appraising a home may enter the home to	84501
determine by actual view any additions or fixtures that have been	84502
added since the last appraisal. In conducting the appraisals and	84503
establishing the true value, the auditor shall follow the	84504
procedures set forth for appraising real property in sections	84505
5713.01 and 5713.03 of the Revised Code.	84506

(4) The county auditor shall place the true value of each	84507
home on the manufactured home tax list upon completion of an	84508
appraisal.	84509

(5)(a) If the county auditor changes the true value of a	84510
home, the auditor shall notify the owner of the home in writing,	84511
delivered by mail or in person. The notice shall be given at least	84512
thirty days prior to the issuance of any tax bill that reflects	84513
the change. Failure to receive the notice does not invalidate any	84514
proceeding under this section.	84515

(b) Any owner of a home or any other person or party listed	84516
in division (A)(1) of section 5715.19 of the Revised Code may file	84517
a complaint against the true value of the home as appraised under	84518
this section. The complaint shall be filed with the county auditor	84519
on or before the thirty-first day of March of the current tax year	84520
or the date of closing of the collection for the first half of	84521
manufactured home taxes for the current tax year, whichever is	84522
later. The auditor shall present to the county board of revision	84523
all complaints filed with the auditor under this section. The	84524
board shall hear and investigate the complaint and may take action	84525
on it as provided under sections 5715.11 to 5715.19 of the Revised	84526
Code.	84527

(c) If the county board of revision determines, pursuant to a	84528
complaint against the valuation of a manufactured or mobile home	84529
filed under this section, that the amount of taxes, assessments,	84530
or other charges paid was in excess of the amount due based on the	84531
valuation as finally determined, then the overpayment shall be	84532
refunded in the manner prescribed in section 5715.22 of the	84533
Revised Code.	84534

(d) Payment of all or part of a tax under this section for	84535
any year for which a complaint is pending before the county board	84536
of revision does not abate the complaint or in any way affect the	84537
hearing and determination thereof.	84538

(M) If the county auditor determines that any tax or other	84539
charge or any part thereof has been erroneously charged as a	84540
result of a clerical error as defined in section 319.35 of the	84541
Revised Code, the county auditor shall call the attention of the	84542
county board of revision to the erroneous charges. If the board	84543
finds that the taxes or other charges have been erroneously	84544
charged or collected, it shall certify the finding to the auditor.	84545
Upon receipt of the certification, the auditor shall remove the	84546
erroneous charges on the manufactured home tax list or delinquent	84547
manufactured home tax list in the same manner as is prescribed in	84548
section 319.35 of the Revised Code for erroneous charges against	84549
real property, and refund any erroneous charges that have been	84550
collected, with interest, in the same manner as is prescribed in	84551
section 319.36 of the Revised Code for erroneous charges against	84552
real property.	84553

(N) As used in this section and section 4503.061 of the	84554
Revised Code:	84555

(1) "Manufactured home taxes" includes taxes, penalties, and	84556
interest charged under division (C) or (G) of this section and any	84557
penalties charged under division (G) or (H)(5) of section 4503.061	84558
of the Revised Code.	84559

(2) "Current taxes" means all manufactured home taxes charged	84560
against a manufactured or mobile home that have not appeared on	84561
the manufactured home tax list for any prior year. Current taxes	84562
become delinquent taxes if they remain unpaid after the last day	84563
prescribed for payment of the second installment of current taxes	84564
without penalty, whether or not they have been certified	84565
delinquent.	84566

(3) "Delinquent taxes" means:

84567

(a) Any manufactured home taxes that were charged against a	84568
manufactured or mobile home for a prior year, including any	84569
penalties or interest charged for a prior year and the costs of	84570
publication under division (H)(2) of this section, and that remain	84571
unpaid;	84572

(b) Any current manufactured home taxes charged against a	84573
manufactured or mobile home that remain unpaid after the last day	84574
prescribed for payment of the second installment of current taxes	84575
without penalty, whether or not they have been certified	84576
delinquent, including any penalties or interest and the costs of	84577
publication under division (H)(2) of this section.	84578

Sec. 4503.235. (A) If division (G) of section 4511.19 or	84579
division ~~(B)~~(C) of section 4511.193 of the Revised Code requires a	84580
court, as part of the sentence of an offender who is convicted of	84581
or pleads guilty to a violation of division (A) of section 4511.19	84582
of the Revised Code or as a sanction for an offender who is	84583
convicted of or pleaded guilty to a violation of a municipal OVI	84584
ordinance, to order the immobilization of a vehicle for a	84585
specified period of time, notwithstanding the requirement, the	84586
court in its discretion may determine not to order the	84587
immobilization of the vehicle if both of the following apply:	84588

(1) Prior to the issuance of the order of immobilization, a	84589
family or household member of the offender files a motion with the	84590
court identifying the vehicle and requesting that the	84591
immobilization order not be issued on the ground that the family	84592
or household member is completely dependent on the vehicle for the	84593
necessities of life and that the immobilization of the vehicle	84594
would be an undue hardship to the family or household member.	84595

(2) The court determines that the family or household member	84596
who files the motion is completely dependent on the vehicle for	84597
the necessities of life and that the immobilization of the vehicle	84598
would be an undue hardship to the family or household member.	84599

(B) If a court pursuant to division (A) of this section	84600
determines not to order the immobilization of a vehicle that	84601
otherwise would be required pursuant to division (G) of section	84602
4511.19 or division ~~(B)~~(C) of section 4511.193 of the Revised	84603
Code, the court shall issue an order that waives the	84604
immobilization that otherwise would be required pursuant to either	84605
of those divisions. The immobilization waiver order shall be in	84606
effect for the period of time for which the immobilization of the	84607
vehicle otherwise would have been required under division (G) of	84608
section 4511.19 or division ~~(B)~~(C) of section 4511.193 of the	84609
Revised Code if the immobilization waiver order had not been	84610
issued, subject to division (D) of this section. The	84611
immobilization waiver order shall specify the period of time for	84612
which it is in effect. The court shall provide a copy of an	84613
immobilization waiver order to the offender and to the family or	84614
household member of the offender who filed the motion requesting	84615
that the immobilization order not be issued and shall place a copy	84616
of the immobilization waiver order in the record in the case. The	84617
court shall impose an immobilization waiver fee in the amount of	84618
fifty dollars. The court shall determine whether the fee is to be	84619
paid by the offender or by the family or household member. The	84620
clerk of the court shall deposit all of the fees collected during	84621
a month on or before the twenty-third day of the following month	84622
into the county or municipal indigent drivers alcohol treatment	84623
fund under the control of that court, as created by the county or	84624
municipal corporation under division (F) of section 4511.191 of	84625
the Revised Code.	84626

(C) If a court pursuant to division (B) of this section	84627
issues an immobilization waiver order, the order shall identify	84628
the family or household member who requested the order and the	84629
vehicle to which the order applies, shall identify the family or	84630
household members who are permitted to operate the vehicle, and	84631
shall identify the offender and specify that the offender is not	84632
permitted to operate the vehicle. The immobilization waiver order	84633
shall require that the family or household member display on the	84634
vehicle to which the order applies restricted license plates that	84635
are issued under section 4503.231 of the Revised Code for the	84636
entire period for which the immobilization of the vehicle	84637
otherwise would have been required under division (G) of section	84638
4511.19 or division ~~(B)~~(C) of section 4511.193 of the Revised Code	84639
if the immobilization waiver order had not been issued.	84640

(D) A family or household member who is permitted to operate	84641
a vehicle under an immobilization waiver order issued under this	84642
section shall not permit the offender to operate the vehicle. If a	84643
family or household member who is permitted to operate a vehicle	84644
under an immobilization waiver order issued under this section	84645
permits the offender to operate the vehicle, both of the following	84646
apply:	84647

(1) The court that issued the immobilization waiver order	84648
shall terminate that order and shall issue an immobilization order	84649
in accordance with section 4503.233 of the Revised Code that	84650
applies to the vehicle, and the immobilization order shall be in	84651
effect for the remaining period of time for which the	84652
immobilization of the vehicle otherwise would have been required	84653
under division (G) of section 4511.19 or division ~~(B)~~(C) of	84654
section 4511.193 of the Revised Code if the immobilization waiver	84655
order had not been issued.	84656

(2) The conduct of the family or household member in	84657
permitting the offender to operate the vehicle is a violation of	84658
section 4511.203 of the Revised Code.	84659

(E) No offender shall operate a motor vehicle subject to an	84660
immobilization waiver order. Whoever violates this division is	84661
guilty of operating a motor vehicle in violation of an	84662
immobilization waiver, a misdemeanor of the first degree.	84663

(F) "Family or household member" has the same meaning as in	84664
section 2919.25 of the Revised Code, except that the person must	84665
be currently residing with the offender.	84666

Sec. 4503.70. The owner or lessee of any passenger car,	84667
noncommercial motor vehicle, recreational vehicle, or other	84668
vehicle of a class approved by the registrar of motor vehicles who	84669
is a member in good standing of the grand lodge of free and	84670
accepted masons of Ohio may apply to the registrar for the	84671
registration of the vehicle and issuance of freemason license	84672
plates. The application for freemason license plates may be	84673
combined with a request for a special reserved license plate under	84674
section 4503.40 or 4503.42 of the Revised Code. Upon receipt of	84675
the completed application, presentation by the applicant of	84676
satisfactory evidence showing that the applicant is a member in	84677
good standing of the grand lodge of free and accepted masons of	84678
Ohio, and compliance by the applicant with this section, the	84679
registrar shall issue to the applicant the appropriate vehicle	84680
registration and a set of freemason license plates with a	84681
validation sticker or a validation sticker alone when required by	84682
section 4503.191 of the Revised Code.	84683

In addition to the letters and numbers ordinarily inscribed	84684
thereon, freemason license plates shall be inscribed with	84685
identifying words and a symbol or logo designed by the grand lodge	84686
of free and accepted masons of Ohio and approved by the registrar.	84687
Freemason license plates shall bear county identification stickers	84688
that identify the county of registration by name or number.	84689

Freemason license plates and validation stickers shall be	84690
issued upon payment of the regular license fee required by section	84691
4503.04 of the Revised Code, payment of any local motor vehicle	84692
license tax levied under Chapter 4504. of the Revised Code,	84693
payment of an additional fee of ten dollars, and compliance with	84694
all other applicable laws relating to the registration of motor	84695
vehicles. If the application for freemason license plates is	84696
combined with a request for a special reserved license plate under	84697
section 4503.40 or 4503.42 of the Revised Code, the license plates	84698
and validation sticker shall be issued upon payment of the fees	84699
and taxes contained in this section and the additional fee	84700
prescribed under section 4503.40 or 4503.42 of the Revised Code.	84701
The additional fee of ten dollars shall be for the purpose of	84702
compensating the bureau of motor vehicles for additional services	84703
required in the issuing of freemason license plates, and shall be	84704
transmitted by the registrar to the treasurer of state for deposit	84705
into the state treasury to the credit of the state bureau of motor	84706
vehicles fund created by section 4501.25 of the Revised Code.	84707

Sec. 4503.93. (A) The owner or lessee of any passenger car,	84708
noncommercial motor vehicle, recreational vehicle, or other	84709
vehicle of a class approved by the registrar of motor vehicles may	84710
apply to the registrar for the registration of the vehicle and	84711
issuance of Ohio "volunteer" license plates. The application for	84712
Ohio "volunteer" license plates may be combined with a request for	84713
a special reserved license plate under section 4503.40 or 4503.42	84714
of the Revised Code. Upon receipt of the completed application and	84715
compliance with divisions (B) and (C) of this section, the	84716
registrar shall issue to the applicant the appropriate vehicle	84717
registration and a set of Ohio "volunteer" license plates with a	84718
validation sticker or a validation sticker alone when required by	84719
section 4503.191 of the Revised Code.	84720

In addition to the letters and numbers ordinarily inscribed	84721
on license plates, Ohio "volunteer" license plates shall be	84722
inscribed with words and markings designed by the Ohio ~~community~~	84723
commission on service ~~council~~and volunteerism created by section	84724
121.40 of the Revised Code and approved by the registrar. Ohio	84725
"volunteer" license plates shall bear county identification	84726
stickers that identify the county of registration by name or	84727
number.	84728

(B) Ohio "volunteer" license plates and a validation sticker,	84729
or a validation sticker alone, shall be issued upon receipt of a	84730
contribution as provided in division (C) of this section and upon	84731
payment of the regular license tax prescribed in section 4503.04	84732
of the Revised Code, any applicable motor vehicle tax levied under	84733
Chapter 4504. of the Revised Code, any applicable additional fee	84734
prescribed by section 4503.40 or 4503.42 of the Revised Code, a	84735
bureau of motor vehicles fee of ten dollars, and compliance with	84736
all other applicable laws relating to the registration of motor	84737
vehicles.	84738

(C)(1) For each application for registration and registration	84739
renewal received under this section, the registrar shall collect a	84740
contribution of fifteen dollars. The registrar shall transmit this	84741
contribution to the treasurer of state for deposit in the Ohio	84742
~~community~~commission on service ~~council~~and volunteerism gifts and	84743
donations fund created by section 121.403 of the Revised Code. The	84744
~~council~~commission shall use all such contributions for the	84745
purposes described in divisions (B)(2) and (3) of that section.	84746

(2) The registrar shall deposit the bureau of motor vehicles	84747
fee of ten dollars specified in division (B) of this section,	84748
which is for the purpose of compensating the bureau for the	84749
additional services required in issuing Ohio "volunteer" license	84750
plates, in the state bureau of motor vehicles fund created in	84751
section 4501.25 of the Revised Code.	84752

Sec. 4504.02. For the purpose of paying the costs of	84753
enforcing and administering the tax provided for in this section;	84754
and for planning, constructing, improving, maintaining, and	84755
repairing public roads, highways, and streets; maintaining and	84756
repairing bridges and viaducts; paying the county's portion of the	84757
costs and expenses of cooperating with the department of	84758
transportation in the planning, improvement, and construction of	84759
state highways; paying the county's portion of the compensation,	84760
damages, cost, and expenses of planning, constructing,	84761
reconstructing, improving, maintaining, and repairing roads;	84762
paying any costs apportioned to the county under section 4907.47	84763
of the Revised Code; paying debt service charges on notes or bonds	84764
of the county issued for such purposes; paying all or part of the	84765
costs and expenses of municipal corporations in planning,	84766
constructing, reconstructing, improving, maintaining, and	84767
repairing highways, roads, and streets designated as necessary or	84768
conducive to the orderly and efficient flow of traffic within and	84769
through the county pursuant to section 4504.03 of the Revised	84770
Code; purchasing, erecting, and maintaining street and traffic	84771
signs and markers; purchasing, erecting, and maintaining traffic	84772
lights and signals; and to supplement revenue already available	84773
for such purposes, any county by resolution adopted by its board	84774
of county commissioners may levy an annual license tax, in	84775
addition to the tax levied by sections 4503.02, 4503.07, and	84776
4503.18 of the Revised Code, upon the operation of motor vehicles	84777
on the public roads or highways. Such tax shall be at the rate of	84778
five dollars per motor vehicle on all motor vehicles the district	84779
of registration of which, as defined in section 4503.10 of the	84780
Revised Code, is located in the county levying the tax and shall	84781
be in addition to the taxes at the rates specified in sections	84782
4503.04 and 4503.16 of the Revised Code, subject to reductions in	84783
the manner provided in section 4503.11 of the Revised Code and the	84784
exemptions provided in sections 4503.16, 4503.17, 4503.171,	84785
4503.173, 4503.41, 4503.43, and 4503.46 of the Revised Code.	84786

Prior to the adoption of any resolution under this section,	84787
the board of county commissioners shall conduct two public	84788
hearings thereon, the second hearing to be not less than three nor	84789
more than ten days after the first. Notice of the date, time, and	84790
place of such hearings shall be given by publication in a	84791
newspaper of general circulation in the county or as provided in	84792
section 7.16 of the Revised Code, once a week on the same day of	84793
the week for two consecutive weeks, the second publication being	84794
not less than ten nor more than thirty days prior to the first	84795
hearing.	84796

No resolution under this section shall become effective	84797
sooner than thirty days following its adoption, and such	84798
resolution is subject to a referendum as provided in sections	84799
305.31 to 305.41 of the Revised Code, unless such resolution is	84800
adopted as an emergency measure necessary for the immediate	84801
preservation of the public peace, health, or safety, in which case	84802
it shall go into immediate effect. Such emergency measure must	84803
receive an affirmative vote of all of the members of the board of	84804
county commissioners, and shall state the reasons for such	84805
necessity. A resolution may direct the board of elections to	84806
submit the question of levying the tax to the electors of the	84807
county at the next primary or general election in the county	84808
occurring not less than seventy-five days after such resolution is	84809
certified to the board; no such resolution shall go into effect	84810
unless approved by a majority of those voting upon it.	84811

Sec. 4504.021. The question of repeal of a county permissive	84812
tax adopted as an emergency measure pursuant to section 4504.02,	84813
4504.15, or 4504.16 of the Revised Code may be initiated by filing	84814
with the board of elections of the county not less than ninety	84815
days before the general election in any year a petition requesting	84816
that an election be held on such question. Such petition shall be	84817
signed by qualified electors residing in the county equal in	84818
number to ten per cent of those voting for governor at the most	84819
recent gubernatorial election.	84820

After determination by it that such petition is valid, the	84821
board of elections shall submit the question to the electors of	84822
the county at the next general election. The election shall be	84823
conducted, canvassed, and certified in the same manner as regular	84824
elections for county offices in the county. Notice of the election	84825
shall be published in a newspaper of general circulation in the	84826
district, or as provided in section 7.16 of the Revised Code, once	84827
a week for two consecutive weeks prior to the election ~~and, if~~. If	84828
the board of elections operates and maintains a web site, notice	84829
of the election also shall be posted on that web site for thirty	84830
days prior to the election. The notice shall state the purpose,	84831
time, and place of the election. The form of the ballot cast at	84832
such election shall be prescribed by the secretary of state. The	84833
question covered by such petition shall be submitted as a separate	84834
proposition, but it may be printed on the same ballot with any	84835
other proposition submitted at the same election other than the	84836
election of officers. If a majority of the qualified electors	84837
voting on the question of repeal approve the repeal, the result of	84838
the election shall be certified immediately after the canvass by	84839
the board of elections to the county commissioners, who shall	84840
thereupon, after the current year, cease to levy the tax.	84841

Sec. 4504.15. For the purpose of paying the costs of	84842
enforcing and administering the tax provided for in this section;	84843
for the various purposes stated in section 4504.02 of the Revised	84844
Code; and to supplement revenue already available for those	84845
purposes, any county may, by resolution adopted by its board of	84846
county commissioners, levy an annual license tax, that shall be in	84847
addition to the tax levied by sections 4503.02, 4503.07, and	84848
4503.18 of the Revised Code, upon the operation of motor vehicles	84849
upon the public roads and highways. The tax shall be at the rate	84850
of five dollars per motor vehicle on all motor vehicles the	84851
district of registration of which, as defined in section 4503.10	84852
of the Revised Code, is located in the county levying the tax but	84853
is not located within any municipal corporation levying the tax	84854
authorized by section 4504.17 of the Revised Code, and shall be in	84855
addition to the taxes at the rates specified in sections 4503.04	84856
and 4503.16 of the Revised Code, subject to reductions in the	84857
manner provided in section 4503.11 of the Revised Code and the	84858
exemptions provided in sections 4503.16, 4503.17, 4503.171,	84859
4503.41, and 4503.43 of the Revised Code.	84860

Prior to the adoption of any resolution under this section,	84861
the board of county commissioners shall conduct two public	84862
hearings thereon, the second hearing to be not less than three nor	84863
more than ten days after the first. Notice of the date, time, and	84864
place of such hearings shall be given by publication in a	84865
newspaper of general circulation in the county, or as provided in	84866
section 7.16 of the Revised Code, once a week for two consecutive	84867
weeks~~, the~~. The second publication ~~being~~shall be not less than	84868
ten nor more than thirty days prior to the first hearing.	84869

No resolution under this section shall become effective	84870
sooner than thirty days following its adoption, and such	84871
resolution is subject to a referendum as provided in sections	84872
305.31 to 305.41 of the Revised Code, unless the resolution is	84873
adopted as an emergency measure necessary for the immediate	84874
preservation of the public peace, health, or safety, in which case	84875
it shall go into immediate effect. The emergency measure must	84876
receive an affirmative vote of all of the members of the board of	84877
county commissioners, and shall state the reasons for the	84878
necessity. A resolution may direct the board of elections to	84879
submit the question of levying the tax to the electors of the	84880
county at the next primary or general election occurring not less	84881
than ninety days after the resolution is certified to the board;	84882
no such resolution shall go into effect unless approved by a	84883
majority of those voting upon it. A county is not required to	84884
enact the tax authorized by section 4504.02 of the Revised Code in	84885
order to levy the tax authorized by this section, but no county	84886
may have in effect the tax authorized by this section if it	84887
repeals the tax authorized by section 4504.02 of the Revised Code	84888
after April 1, 1987.	84889

Sec. 4504.16. For the purpose of paying the costs of	84890
enforcing and administering the tax provided for in this section;	84891
for the various purposes stated in section 4504.02 of the Revised	84892
Code; and to supplement revenue already available for those	84893
purposes, any county that currently levies the tax authorized by	84894
section 4504.15 of the Revised Code may, by resolution adopted by	84895
its board of county commissioners, levy an annual license tax,	84896
that shall be in addition to the tax levied by that section and by	84897
sections 4503.02, 4503.07, and 4503.18 of the Revised Code, upon	84898
the operation of motor vehicles upon the public roads and	84899
highways. The tax shall be at the rate of five dollars per motor	84900
vehicle on all motor vehicles the district of registration of	84901
which, as defined in section 4503.10 of the Revised Code, is	84902
located in the county levying the tax but is not located within	84903
any municipal corporation levying the tax authorized by section	84904
4504.171 of the Revised Code, and shall be in addition to the	84905
taxes at the rates specified in sections 4503.04 and 4503.16 of	84906
the Revised Code, subject to reductions in the manner provided in	84907
section 4503.11 of the Revised Code and the exemptions provided in	84908
sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of the	84909
Revised Code.	84910

Prior to the adoption of any resolution under this section,	84911
the board of county commissioners shall conduct two public	84912
hearings thereon, the second hearing to be not less than three nor	84913
more than ten days after the first. Notice of the date, time, and	84914
place of such hearings shall be given by publication in a	84915
newspaper of general circulation in the county, or as provided in	84916
section 7.16 of the Revised Code, once a week for two consecutive	84917
weeks~~, the~~. The second publication ~~being~~shall be not less than	84918
ten nor more than thirty days prior to the first hearing.	84919

No resolution under this section shall become effective	84920
sooner than thirty days following its adoption, and such	84921
resolution is subject to a referendum as provided in sections	84922
305.31 to 305.41 of the Revised Code, unless the resolution is	84923
adopted as an emergency measure necessary for the immediate	84924
preservation of the public peace, health, or safety, in which case	84925
it shall go into immediate effect. The emergency measure must	84926
receive an affirmative vote of all of the members of the board of	84927
county commissioners, and shall state the reasons for the	84928
necessity. A resolution may direct the board of elections to	84929
submit the question of levying the tax to the electors of the	84930
county at the next primary or general election occurring not less	84931
than ninety days after the resolution is certified to the board;	84932
no such resolution shall go into effect unless approved by a	84933
majority of those voting upon it.	84934

Nothing in this section or in section 4504.15 of the Revised	84935
Code shall be interpreted as preventing a county from levying the	84936
county motor vehicle license taxes authorized by such sections in	84937
a single resolution.	84938

Sec. 4504.18. For the purpose of paying the costs and	84939
expenses of enforcing and administering the tax provided for in	84940
this section; for the construction, reconstruction, improvement,	84941
maintenance, and repair of township roads, bridges, and culverts;	84942
for purchasing, erecting, and maintaining traffic signs, markers,	84943
lights, and signals; for purchasing road machinery and equipment,	84944
and planning, constructing, and maintaining suitable buildings to	84945
house such equipment; for paying any costs apportioned to the	84946
township under section 4907.47 of the Revised Code; and to	84947
supplement revenue already available for such purposes, the board	84948
of township trustees may levy an annual license tax, in addition	84949
to the tax levied by sections 4503.02, 4503.07, and 4503.18 of the	84950
Revised Code, upon the operation of motor vehicles on the public	84951
roads and highways in the unincorporated territory of the	84952
township. The tax shall be at the rate of five dollars per motor	84953
vehicle on all motor vehicles the owners of which reside in the	84954
unincorporated area of the township and shall be in addition to	84955
the taxes at the rates specified in sections 4503.04 and 4503.16	84956
of the Revised Code, subject to reductions in the manner provided	84957
in section 4503.11 of the Revised Code and the exemptions provided	84958
in sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of	84959
the Revised Code.	84960

Prior to the adoption of any resolution under this section,	84961
the board of township trustees shall conduct two public hearings	84962
thereon, the second hearing to be not less than three nor more	84963
than ten days after the first. Notice of the date, time, and place	84964
of such hearings shall be given by publication in a newspaper of	84965
general circulation in the township or as provided in section 7.16	84966
of the Revised Code, once a week on the same day of the week for	84967
two consecutive weeks, the second publication being not less than	84968
ten nor more than thirty days prior to the first hearing.	84969

No resolution under this section shall become effective	84970
sooner than thirty days following its adoption, and such	84971
resolution is subject to a referendum in the same manner, except	84972
as to the form of the petition, as provided in division (H) of	84973
section 519.12 of the Revised Code for a proposed amendment to a	84974
township zoning resolution. In addition, a petition under this	84975
section shall be governed by the rules specified in section	84976
3501.38 of the Revised Code. No resolution levying a tax under	84977
this section for which a referendum vote has been requested shall	84978
go into effect unless approved by a majority of those voting upon	84979
it.	84980

A township license tax levied under this section shall	84981
continue in effect until repealed.	84982

Sec. 4505.181. (A) Notwithstanding ~~divisions (A)(2), (5),~~	84983
~~and (6) of~~ section 4505.18 of the Revised Code, a motor vehicle	84984
dealer or person acting on behalf of a motor vehicle dealer may	84985
display, offer for sale, or sell a used motor vehicle and a	84986
manufactured housing dealer or person acting on behalf of a	84987
manufactured housing dealer may display, offer for sale, or sell a	84988
used manufactured home or used mobile home without having first	84989
obtained a certificate of title for the vehicle in the name of the	84990
dealer ~~as required by this chapter if the dealer or person acting~~	84991
~~on behalf of the dealer complies with divisions (A)(1)(a) and (2)~~	84992
~~of this section, or divisions (A)(1)(b) and (2) of~~by complying	84993
with this section~~, as follows:~~.	84994

(1)~~(a)~~The dealer or person acting on behalf of the dealer	84995
shall possess a bill of sale for each used motor vehicle, used	84996
manufactured home, and used mobile home proposed to be displayed,	84997
offered for sale, or sold under this section or a properly	84998
executed power of attorney or other related documents from the	84999
prior owner of the motor vehicle, manufactured home, or mobile	85000
home giving the dealer or person acting on behalf of the dealer	85001
authority to have a certificate of title to the motor vehicle,	85002
manufactured home, or mobile home issued in the name of the	85003
dealer, and shall retain copies of all such documents in the	85004
dealer's or person's files until such time as a certificate of	85005
title in the dealer's name is issued for each such motor vehicle,	85006
manufactured home, or mobile home by the clerk of the court of	85007
common pleas. Such documents shall be available for inspection by	85008
the bureau of motor vehicles and the manufactured homes commission	85009
during normal business hours.	85010

(2) If ~~the dealer has been licensed as a motor vehicle dealer~~	85011
~~or manufactured housing dealer for less than the three-year period~~	85012
~~prior to the date on which the dealer or person acting on behalf~~	85013
~~of the dealer displays, offers for sale, or sells the used motor~~	85014
~~vehicle for which the dealer has not obtained a certificate of~~	85015
~~title in the name of the dealer, or if~~ the attorney general has	85016
paid a retail purchaser of the dealer or a secured party under	85017
division ~~(C)~~(D), (E), or (G) of this section within three years	85018
prior to such date, the dealer ~~posts~~shall post with the attorney	85019
general's office in favor of this state a bond of a surety company	85020
authorized to do business in this state, in an amount of not less	85021
than twenty-five thousand dollars, to be used solely for the	85022
purpose of compensating retail purchasers of motor vehicles,	85023
manufactured homes, or mobile homes who suffer damages due to	85024
failure of the dealer or person acting on behalf of the dealer to	85025
comply with this section. Failure to post a bond constitutes a	85026
deceptive act or practice in connection with a consumer	85027
transaction and is a violation of section 1345.02 of the Revised	85028
Code. The dealer's surety shall notify the registrar and attorney	85029
general when a bond of a motor vehicle dealer is canceled and	85030
shall notify the manufactured homes commission and the attorney	85031
general when a bond of a manufactured housing dealer is canceled.	85032
Such notification of cancellation shall include the effective date	85033
of and reason for cancellation.	85034

~~(b) If the dealer has been licensed as a motor vehicle dealer~~	85035
~~or manufactured housing dealer for longer than the three-year~~	85036
~~period prior to the date on which the dealer or person acting on~~	85037
~~behalf of the dealer displays, offers for sale, or sells the used~~	85038
~~motor vehicle, used manufactured home, or used mobile home for~~	85039
~~which the dealer has not obtained a certificate of title in the~~	85040
~~name of the dealer and the attorney general has not paid a retail~~	85041
~~purchaser of the dealer under division (C) of this section within~~	85042
~~three years prior to such date, the dealer pays one hundred fifty~~	85043
~~dollars to the attorney general for deposit into the title defect~~	85044
~~recision fund created by section 1345.52 of the Revised Code.~~	85045

~~(2) The dealer or person acting on behalf of the dealer~~	85046
~~possesses a bill of sale for each motor vehicle, used manufactured~~	85047
~~home, and used mobile home proposed to be displayed, offered for~~	85048
~~sale, or sold under this section and a properly executed power of~~	85049
~~attorney or other related documents from the prior owner of the~~	85050
~~motor vehicle, manufactured home, or mobile home giving the dealer~~	85051
~~or person acting on behalf of the dealer authority to have a~~	85052
~~certificate of title to the motor vehicle, manufactured home, or~~	85053
~~mobile home issued in the name of the dealer, and retains copies~~	85054
~~of all such documents in the dealer's or person's files until such~~	85055
~~time as a certificate of title in the dealer's name is issued for~~	85056
~~each such motor vehicle, manufactured home, or mobile home by the~~	85057
~~clerk of the court of common pleas. Such documents shall be~~	85058
~~available for inspection by the bureau of motor vehicles and the~~	85059
~~manufactured homes commission during normal business hours.~~	85060

(B) If a retail purchaser purchases a used motor vehicle,	85061
used manufactured home, or used mobile home for which the dealer,	85062
pursuant to and in accordance with division (A) of this section,	85063
does not have a certificate of title issued in the name of the	85064
dealer at the time of the sale, the retail purchaser has an	85065
unconditional right to demand the dealer rescind the transaction	85066
~~and the dealer has an obligation to refund to the retail purchaser~~	85067
~~the full purchase price of the vehicle,~~ if one of the following	85068
applies:	85069

(1) The dealer fails, on or before the fortieth day following	85070
the date of the sale, to obtain a title in the name of the retail	85071
purchaser.	85072

(2) The title for the vehicle indicates that it is a rebuilt	85073
salvage vehicle, and the fact that it is a rebuilt salvage vehicle	85074
was not disclosed to the retail purchaser in writing prior to the	85075
execution of the purchase agreement.	85076

(3) The title for the vehicle indicates that the dealer has	85077
made an inaccurate odometer disclosure to the retail purchaser.	85078

(4) The title for the vehicle indicates that it is a	85079
"buyback" vehicle as defined in section 1345.71 of the Revised	85080
Code, and the fact that it is a "buyback" vehicle was not	85081
disclosed to the retail purchaser in the written purchase	85082
agreement.	85083

(5) The motor vehicle is a used manufactured home or used	85084
mobile home, as defined by section ~~5739.021~~4781.01 of the Revised	85085
Code, that has been repossessed under Chapter 1309. or 1317. of	85086
the Revised Code, but a certificate of title for the repossessed	85087
home has not yet been transferred by the repossessing party to the	85088
dealer on the date the retail purchaser purchases the used	85089
manufactured home or used mobile home from the dealer, and the	85090
dealer fails to obtain a certificate of title on or before the	85091
fortieth day after the dealer obtains the certificate of title for	85092
the home from the repossessing party or the date on which an	85093
occupancy permit for the home is delivered to the purchaser by the	85094
appropriate legal authority, whichever occurs later.	85095

(C)(1) If ~~any of~~ the ~~circumstances~~circumstance described in	85096
~~divisions~~division (B)(1) ~~to (4)~~ of this section applies, a retail	85097
purchaser or the retail purchaser's representative shall ~~notify~~	85098
provide the dealer ~~and afford the dealer the opportunity to comply~~	85099
~~with the dealer's obligation to refund the full purchase price~~	85100
notice of the ~~motor vehicle~~request for recision. Such	85101
notification shall occur not later than sixty days from the date	85102
the motor vehicle is titled in the name of the retail purchaser.	85103
The dealer shall have the opportunity to comply with the dealer's	85104
obligation to refund the full purchase price of the motor vehicle.	85105
Reimbursement shall be only in such a manner as to reimburse the	85106
retail purchaser any money the retail purchaser actually paid and,	85107
in the case of a lender of the retail purchaser, the amount paid	85108
by the lender to purchase the contract or finance the sale of the	85109
vehicle. If a vehicle was taken in trade as a down payment, the	85110
dealer shall return the vehicle to the consumer, unless the dealer	85111
remitted payment to a third party to satisfy any security	85112
interest. If the dealer remitted payment, the dealer shall	85113
reimburse the purchaser the value of the vehicle, as evidenced by	85114
the bill of sale.	85115

(2) If any of the circumstances described in divisions	85116
(B)(2), (3), or (4) of this section apply, a retail purchaser or	85117
the retail purchaser's representative shall provide notice to the	85118
dealer of a request for recision. Such notification shall occur	85119
not later than one hundred eighty days from the date the vehicle	85120
is titled in the name of the retail purchaser. Upon timely	85121
notification, the dealer shall have the opportunity to comply with	85122
the dealer's obligation to refund the full purchase price of the	85123
motor vehicle. Reimbursement shall be only in such a manner as to	85124
reimburse the retail purchaser any money the retail purchaser	85125
actually paid and, in the case of a lender of the retail	85126
purchaser, the amount paid by the lender to purchase the contract	85127
or finance the sale of the vehicle. If a vehicle was taken in	85128
trade as a down payment, the dealer shall return the vehicle to	85129
the consumer, unless the dealer remitted payment to a third party	85130
to satisfy any security interest. If the dealer remitted payment,	85131
the dealer shall reimburse the purchaser the value of the vehicle,	85132
as evidenced by the bill of sale.	85133

(3) If any of the circumstances described in division (B)(5)	85134
of this section apply, a retail purchaser or the retail	85135
purchaser's representative shall notify the dealer and afford the	85136
dealer the opportunity to comply with the dealer's obligation to	85137
rescind the manufactured home or mobile home transaction.	85138

(4) If the retail purchaser does not deliver notice to the	85139
dealer within the applicable time period specified in division	85140
(C)(1), (2), or (3) of this section, the retail purchaser shall	85141
not be entitled to any recovery or have any cause of action under	85142
this section.	85143

(5) Nothing in ~~this~~ division (C) of this section shall be	85144
construed as prohibiting the dealer and the retail purchaser or	85145
their representatives from negotiating a compromise resolution	85146
that is satisfactory to both parties.	85147

~~(C)~~(D) If a retail purchaser notifies a dealer of one or more	85148
of the circumstances listed in division (B) of this section within	85149
the applicable time period specified in division (C)(1), (2), or	85150
(3) of this section and the dealer fails to ~~refund to~~comply with	85151
the ~~retail purchaser the full purchase price~~requirements for	85152
recision as prescribed in division (C) of ~~the vehicle~~this section	85153
or reach a satisfactory compromise with the retail purchaser	85154
within ~~three~~seven business days of presentation of the retail	85155
purchaser's recision claim, the retail purchaser may apply to the	85156
attorney general for payment from the fund of the full purchase	85157
price to the retail purchaser.	85158

~~(D)~~(E)(1) Upon application by a retail purchaser for payment	85159
from the fund, if the attorney general is satisfied that one or	85160
more of the circumstances contained in divisions (B)(1) to ~~(4)~~(5)	85161
of this section exist, and notification has been given within the	85162
applicable time period specified in division (C)(1), (2), or (3)	85163
of this section, the attorney general shall cause at maximum the	85164
full purchase price of the vehicle, manufactured home, or mobile	85165
home plus the cost of any additional temporary license placards to	85166
be paid to the retail purchaser from the fund ~~after~~. The attorney	85167
general may require delivery of the vehicle, manufactured home,	85168
or mobile home to the attorney general prior to reimbursement from	85169
the fund. Reimbursement shall be only in such a manner as to do	85170
either of the following:	85171

(a) Reimburse the retail purchaser any money the retail	85172
purchaser actually paid and, in the case of a lender of the retail	85173
purchaser, the amount paid by the lender to purchase the contract	85174
or finance the sale of the vehicle;	85175

(b) If the retail purchaser wishes to retain the vehicle, the	85176
attorney general, in the attorney general's sole discretion, may	85177
pay a lienholder of record or other holder of a secured interest	85178
in such manner that title can be transferred to the retail	85179
purchaser free of encumbrances, other than a security interest	85180
granted by the retail purchaser at the time of vehicle purchase.	85181

(2) The attorney general, in the attorney general's sole	85182
discretion, also may cause the cost of additional temporary	85183
license placards to be paid from the fund. ~~The~~	85184

(F) The attorney general may sell or otherwise dispose of any	85185
used motor vehicle, manufactured home, or mobile home that is	85186
delivered to the attorney general under this section, and may	85187
collect the proceeds of any bond posted under division (A) of this	85188
section by a dealer who has failed to comply with division ~~(C)~~(D)	85189
of this section. The proceeds from all such sales and collections	85190
shall be deposited into the title defect recision fund for use as	85191
specified in section 1345.52 of the Revised Code.	85192

~~(E)~~(G) If a dealer fails to submit payment of a secured	85193
interest on a trade-in vehicle as agreed to by the dealer and	85194
retail purchaser and none of the circumstances in divisions (B)(1)	85195
to (5) applies, the retail purchaser may apply to the attorney	85196
general for payment to the secured creditor from the fund. The	85197
attorney general shall demand immediate payment from the dealer	85198
and if payment has not been made or is not immediately	85199
forthcoming, the attorney general may cause an amount equal to	85200
that which the dealer agreed to pay to the secured creditor to be	85201
paid from the fund, along with any additional interest and late	85202
fees resulting from the dealer's failure to pay the secured	85203
creditor in a timely manner.	85204

(H) Failure by a dealer to comply with both~~division (A) or~~	85205
divisions (B) and (C) of this section constitutes a deceptive act	85206
or practice in connection with a consumer transaction, and is a	85207
violation of section 1345.02 of the Revised Code.	85208

~~(F)~~(I) The remedy provided in this section to retail	85209
purchasers is in addition to any remedies otherwise available to	85210
the retail purchaser for the same conduct of the dealer or person	85211
acting on behalf of the dealer under federal law or the laws of	85212
this state or a political subdivision of this state.	85213

~~(G) All motor vehicle dealers licensed under Chapter 4517. of~~	85214
~~the Revised Code and manufactured housing dealers licensed under~~	85215
~~Chapter 4781. of the Revised Code shall pay to the attorney~~	85216
~~general for deposit into~~(J) If, at any time during any calendar	85217
year, the balance in the title defect recision fund ~~the amount~~	85218
~~described in division (A)(1)(b) of this section beginning with the~~	85219
~~calendar year during which this section becomes effective and each~~	85220
~~year subsequent to that year until the balance in the fund~~ is ~~not~~	85221
less than three hundred thousand dollars~~. All such dealers also~~	85222
~~shall pay to~~, the attorney general ~~for deposit into the fund that~~	85223
~~amount during any year and subsequent years during which the~~	85224
~~balance in the fund is less than three hundred thousand dollars~~	85225
may assess all motor vehicle dealers licensed under Chapter 4517.	85226
of the Revised Code and all manufactured housing dealers licensed	85227
under Chapter 4781. of the Revised Code one hundred fifty dollars	85228
for deposit into the title defect rescision fund until the balance	85229
in the fund reaches three hundred thousand dollars. A notice of	85230
assessment shall be sent to each dealer at its licensed location.	85231

If a motor vehicle dealer or manufactured housing dealer	85232
fails to comply with this division, the attorney general may bring	85233
a civil action in a court of competent jurisdiction to collect the	85234
amount the dealer failed to pay to the attorney general for	85235
deposit into the fund.	85236

(K) Nothing in this section shall be construed as providing	85237
for payment of attorney fees to the retail purchaser.	85238

(L) As used in this section:

85239

(1) "Full purchase price" means the contract price, including	85240
charges for dealer installed options and accessories, all finance,	85241
credit insurance, and service contract charges incurred by the	85242
retail purchaser, all sales tax, license and registration fees,	85243
and the amount of any negative equity that was not already paid by	85244
the dealer to a third party to satisfy a lien, as reflected in the	85245
contract.	85246

(2) "Retail purchaser" means a person, other than a motor	85247
vehicle dealer or a manufactured housing dealer, who in good faith	85248
purchases a used motor vehicle for purposes other than resale.	85249

Sec. 4506.071. On receipt of a notice pursuant to section	85250
3123.54 of the Revised Code, the registrar of motor vehicles shall	85251
comply with sections ~~3123.52~~3123.53 to ~~3123.614~~3123.60 of the	85252
Revised Code and any applicable rules adopted under section	85253
3123.63 of the Revised Code with respect to a commercial driver's	85254
license or commercial driver's temporary instruction permit issued	85255
pursuant to this chapter.	85256

Sec. 4507.111. On receipt of a notice pursuant to section	85257
3123.54 of the Revised Code, the registrar of motor vehicles shall	85258
comply with sections ~~3123.52~~3123.53 to ~~3123.614~~3123.60 of the	85259
Revised Code and any applicable rules adopted under section	85260
3123.63 of the Revised Code with respect to any driver's or	85261
commercial license or permit, motorcycle operator's license or	85262
endorsement, or temporary instruction permit or commercial	85263
driver's temporary instruction permit issued by this state that is	85264
the subject of the notice.	85265

Sec. 4507.164. (A) Except as provided in divisions (C) to	85266
(E) of this section, when the license of any person is suspended	85267
pursuant to any provision of the Revised Code other than division	85268
(G) of section 4511.19 of the Revised Code and other than section	85269
4510.07 of the Revised Code for a violation of a municipal OVI	85270
ordinance, the trial judge may impound the identification license	85271
plates of any motor vehicle registered in the name of the person.	85272

(B)(1) When the license of any person is suspended pursuant	85273
to division (G)(1)(a) of section 4511.19 of the Revised Code, or	85274
pursuant to section 4510.07 of the Revised Code for a municipal	85275
OVI offense when the suspension is equivalent in length to the	85276
suspension under division (G) of section 4511.19 of the Revised	85277
Code that is specified in this division, the trial judge of the	85278
court of record or the mayor of the mayor's court that suspended	85279
the license may impound the identification license plates of any	85280
motor vehicle registered in the name of the person.	85281

(2) When the license of any person is suspended pursuant to	85282
division (G)(1)(b) of section 4511.19 of the Revised Code, or	85283
pursuant to section 4510.07 of the Revised Code for a municipal	85284
OVI offense when the suspension is equivalent in length to the	85285
suspension under division (G) of section 4511.19 of the Revised	85286
Code that is specified in this division, the trial judge of the	85287
court of record that suspended the license shall order the	85288
impoundment of the identification license plates of the motor	85289
vehicle the offender was operating at the time of the offense and	85290
the immobilization of that vehicle in accordance with section	85291
4503.233 and division (G)(1)(b) of section 4511.19 or division	85292
~~(B)~~(C)(2)(a) of section 4511.193 of the Revised Code and may	85293
impound the identification license plates of any other motor	85294
vehicle registered in the name of the person whose license is	85295
suspended.	85296

(3) When the license of any person is suspended pursuant to	85297
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	85298
Code, or pursuant to section 4510.07 of the Revised Code for a	85299
municipal OVI offense when the suspension is equivalent in length	85300
to the suspension under division (G) of section 4511.19 of the	85301
Revised Code that is specified in this division, the trial judge	85302
of the court of record that suspended the license shall order the	85303
criminal forfeiture to the state of the motor vehicle the offender	85304
was operating at the time of the offense in accordance with	85305
section 4503.234 and division (G)(1)(c), (d), or (e) of section	85306
4511.19 or division ~~(B)~~(C)(2)(b) of section 4511.193 of the	85307
Revised Code and may impound the identification license plates of	85308
any other motor vehicle registered in the name of the person whose	85309
license is suspended.	85310

(C)(1) When a person is convicted of or pleads guilty to a	85311
violation of section 4510.14 of the Revised Code or a	85312
substantially equivalent municipal ordinance and division (B)(1)	85313
or (2) of section 4510.14 or division (C)(1) or (2) of section	85314
4510.161 of the Revised Code applies, the trial judge of the court	85315
of record or the mayor of the mayor's court that imposes sentence	85316
shall order the immobilization of the vehicle the person was	85317
operating at the time of the offense and the impoundment of its	85318
identification license plates in accordance with section 4503.233	85319
and division (B)(1) or (2) of section 4510.14 or division (C)(1)	85320
or (2) of section 4510.161 of the Revised Code and may impound the	85321
identification license plates of any other vehicle registered in	85322
the name of that person.	85323

(2) When a person is convicted of or pleads guilty to a	85324
violation of section 4510.14 of the Revised Code or a	85325
substantially equivalent municipal ordinance and division (B)(3)	85326
of section 4510.14 or division (C)(3) of section 4510.161 of the	85327
Revised Code applies, the trial judge of the court of record that	85328
imposes sentence shall order the criminal forfeiture to the state	85329
of the vehicle the person was operating at the time of the offense	85330
in accordance with section 4503.234 and division (B)(3) of section	85331
4510.14 or division (C)(3) of section 4510.161 of the Revised Code	85332
and may impound the identification license plates of any other	85333
vehicle registered in the name of that person.	85334

(D)~~(1)~~ When a person is convicted of or pleads guilty to a	85335
violation of division (A) of section 4510.16 of the Revised Code	85336
or a substantially equivalent municipal ordinance, division (B) of	85337
section 4510.16 or division (B) of section 4510.161 of the Revised	85338
Code applies in determining whether the immobilization of the	85339
vehicle the person was operating at the time of the offense and	85340
the impoundment of its identification license plates or the	85341
criminal forfeiture to the state of the vehicle the person was	85342
operating at the time of the offense is authorized or required.	85343
The trial judge of the court of record or the mayor of the mayor's	85344
court that imposes sentence may impound the identification license	85345
plates of any other vehicle registered in the name of that person.	85346

(E)(1) When a person is convicted of or pleads guilty to a	85347
violation of section 4511.203 of the Revised Code and the person	85348
is sentenced pursuant to division (C)(1) or (2) of section	85349
4511.203 of the Revised Code, the trial judge of the court of	85350
record or the mayor of the mayor's court that imposes sentence	85351
shall order the immobilization of the vehicle that was involved in	85352
the commission of the offense and the impoundment of its	85353
identification license plates in accordance with division (C)(1)	85354
or (2) of section 4511.203 and section 4503.233 of the Revised	85355
Code and may impound the identification license plates of any	85356
other vehicle registered in the name of that person.	85357

(2) When a person is convicted of or pleads guilty to a	85358
violation of section 4511.203 of the Revised Code and the person	85359
is sentenced pursuant to division (C)(3) of section 4511.203 of	85360
the Revised Code, the trial judge of the court of record or the	85361
mayor of the mayor's court that imposes sentence shall order the	85362
criminal forfeiture to the state of the vehicle that was involved	85363
in the commission of the offense in accordance with division	85364
(C)(3) of section 4511.203 and section 4503.234 of the Revised	85365
Code and may impound the identification license plates of any	85366
other vehicle registered in the name of that person.	85367

(F) Except as provided in section 4503.233 or 4503.234 of the	85368
Revised Code, when the certificate of registration, the	85369
identification license plates, or both have been impounded,	85370
division (B) of section 4507.02 of the Revised Code is applicable.	85371

(G) As used in this section, "municipal OVI offense" has the	85372
same meaning as in section 4511.181 of the Revised Code.	85373

Sec. 4511.191. (A)(1) As used in this section:

85374

(a) "Physical control" has the same meaning as in section	85375
4511.194 of the Revised Code.	85376

(b) "Alcohol monitoring device" means any device that	85377
provides for continuous alcohol monitoring, any ignition interlock	85378
device, any immobilizing or disabling device other than an	85379
ignition interlock device that is constantly available to monitor	85380
the concentration of alcohol in a person's system, or any other	85381
device that provides for the automatic testing and periodic	85382
reporting of alcohol consumption by a person and that a court	85383
orders a person to use as a sanction imposed as a result of the	85384
person's conviction of or plea of guilty to an offense.	85385

(2) Any person who operates a vehicle, streetcar, or	85386
trackless trolley upon a highway or any public or private property	85387
used by the public for vehicular travel or parking within this	85388
state or who is in physical control of a vehicle, streetcar, or	85389
trackless trolley shall be deemed to have given consent to a	85390
chemical test or tests of the person's whole blood, blood serum or	85391
plasma, breath, or urine to determine the alcohol, drug of abuse,	85392
controlled substance, metabolite of a controlled substance, or	85393
combination content of the person's whole blood, blood serum or	85394
plasma, breath, or urine if arrested for a violation of division	85395
(A) or (B) of section 4511.19 of the Revised Code, section	85396
4511.194 of the Revised Code or a substantially equivalent	85397
municipal ordinance, or a municipal OVI ordinance.	85398

(3) The chemical test or tests under division (A)(2) of this	85399
section shall be administered at the request of a law enforcement	85400
officer having reasonable grounds to believe the person was	85401
operating or in physical control of a vehicle, streetcar, or	85402
trackless trolley in violation of a division, section, or	85403
ordinance identified in division (A)(2) of this section. The law	85404
enforcement agency by which the officer is employed shall	85405
designate which of the tests shall be administered.	85406

(4) Any person who is dead or unconscious, or who otherwise	85407
is in a condition rendering the person incapable of refusal, shall	85408
be deemed to have consented as provided in division (A)(2) of this	85409
section, and the test or tests may be administered, subject to	85410
sections 313.12 to 313.16 of the Revised Code.	85411

(5)(a) If a law enforcement officer arrests a person for a	85412
violation of division (A) or (B) of section 4511.19 of the Revised	85413
Code, section 4511.194 of the Revised Code or a substantially	85414
equivalent municipal ordinance, or a municipal OVI ordinance and	85415
if the person if convicted would be required to be sentenced under	85416
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	85417
Code, the law enforcement officer shall request the person to	85418
submit, and the person shall submit, to a chemical test or tests	85419
of the person's whole blood, blood serum or plasma, breath, or	85420
urine for the purpose of determining the alcohol, drug of abuse,	85421
controlled substance, metabolite of a controlled substance, or	85422
combination content of the person's whole blood, blood serum or	85423
plasma, breath, or urine. A law enforcement officer who makes a	85424
request pursuant to this division that a person submit to a	85425
chemical test or tests is not required to advise the person of the	85426
consequences of submitting to, or refusing to submit to, the test	85427
or tests and is not required to give the person the form described	85428
in division (B) of section 4511.192 of the Revised Code, but the	85429
officer shall advise the person at the time of the arrest that if	85430
the person refuses to take a chemical test the officer may employ	85431
whatever reasonable means are necessary to ensure that the person	85432
submits to a chemical test of the person's whole blood or blood	85433
serum or plasma. The officer shall also advise the person at the	85434
time of the arrest that the person may have an independent	85435
chemical test taken at the person's own expense. Divisions (A)(3)	85436
and (4) of this section apply to the administration of a chemical	85437
test or tests pursuant to this division.	85438

(b) If a person refuses to submit to a chemical test upon a	85439
request made pursuant to division (A)(5)(a) of this section, the	85440
law enforcement officer who made the request may employ whatever	85441
reasonable means are necessary to ensure that the person submits	85442
to a chemical test of the person's whole blood or blood serum or	85443
plasma. A law enforcement officer who acts pursuant to this	85444
division to ensure that a person submits to a chemical test of the	85445
person's whole blood or blood serum or plasma is immune from	85446
criminal and civil liability based upon a claim for assault and	85447
battery or any other claim for the acts, unless the officer so	85448
acted with malicious purpose, in bad faith, or in a wanton or	85449
reckless manner.	85450

(B)(1) Upon receipt of the sworn report of a law enforcement	85451
officer who arrested a person for a violation of division (A) or	85452
(B) of section 4511.19 of the Revised Code, section 4511.194 of	85453
the Revised Code or a substantially equivalent municipal	85454
ordinance, or a municipal OVI ordinance that was completed and	85455
sent to the registrar of motor vehicles and a court pursuant to	85456
section 4511.192 of the Revised Code in regard to a person who	85457
refused to take the designated chemical test, the registrar shall	85458
enter into the registrar's records the fact that the person's	85459
driver's or commercial driver's license or permit or nonresident	85460
operating privilege was suspended by the arresting officer under	85461
this division and that section and the period of the suspension,	85462
as determined under this section. The suspension shall be subject	85463
to appeal as provided in section 4511.197 of the Revised Code. The	85464
suspension shall be for whichever of the following periods	85465
applies:	85466

(a) Except when division (B)(1)(b), (c), or (d) of this	85467
section applies and specifies a different class or length of	85468
suspension, the suspension shall be a class C suspension for the	85469
period of time specified in division (B)(3) of section 4510.02 of	85470
the Revised Code.	85471

(b) If the arrested person, within six years of the date on	85472
which the person refused the request to consent to the chemical	85473
test, had refused one previous request to consent to a chemical	85474
test or had been convicted of or pleaded guilty to one violation	85475
of division (A) or (B) of section 4511.19 of the Revised Code or	85476
one other equivalent offense, the suspension shall be a class B	85477
suspension imposed for the period of time specified in division	85478
(B)(2) of section 4510.02 of the Revised Code.	85479

(c) If the arrested person, within six years of the date on	85480
which the person refused the request to consent to the chemical	85481
test, had refused two previous requests to consent to a chemical	85482
test, had been convicted of or pleaded guilty to two violations of	85483
division (A) or (B) of section 4511.19 of the Revised Code or	85484
other equivalent offenses, or had refused one previous request to	85485
consent to a chemical test and also had been convicted of or	85486
pleaded guilty to one violation of division (A) or (B) of section	85487
4511.19 of the Revised Code or other equivalent offenses, which	85488
violation or offense arose from an incident other than the	85489
incident that led to the refusal, the suspension shall be a class	85490
A suspension imposed for the period of time specified in division	85491
(B)(1) of section 4510.02 of the Revised Code.	85492

(d) If the arrested person, within six years of the date on	85493
which the person refused the request to consent to the chemical	85494
test, had refused three or more previous requests to consent to a	85495
chemical test, had been convicted of or pleaded guilty to three or	85496
more violations of division (A) or (B) of section 4511.19 of the	85497
Revised Code or other equivalent offenses, or had refused a number	85498
of previous requests to consent to a chemical test and also had	85499
been convicted of or pleaded guilty to a number of violations of	85500
division (A) or (B) of section 4511.19 of the Revised Code or	85501
other equivalent offenses that cumulatively total three or more	85502
such refusals, convictions, and guilty pleas, the suspension shall	85503
be for five years.	85504

(2) The registrar shall terminate a suspension of the	85505
driver's or commercial driver's license or permit of a resident or	85506
of the operating privilege of a nonresident, or a denial of a	85507
driver's or commercial driver's license or permit, imposed	85508
pursuant to division (B)(1) of this section upon receipt of notice	85509
that the person has entered a plea of guilty to, or that the	85510
person has been convicted after entering a plea of no contest to,	85511
operating a vehicle in violation of section 4511.19 of the Revised	85512
Code or in violation of a municipal OVI ordinance, if the offense	85513
for which the conviction is had or the plea is entered arose from	85514
the same incident that led to the suspension or denial.	85515

The registrar shall credit against any judicial suspension of	85516
a person's driver's or commercial driver's license or permit or	85517
nonresident operating privilege imposed pursuant to section	85518
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	85519
Revised Code for a violation of a municipal OVI ordinance, any	85520
time during which the person serves a related suspension imposed	85521
pursuant to division (B)(1) of this section.	85522

(C)(1) Upon receipt of the sworn report of the law	85523
enforcement officer who arrested a person for a violation of	85524
division (A) or (B) of section 4511.19 of the Revised Code or a	85525
municipal OVI ordinance that was completed and sent to the	85526
registrar and a court pursuant to section 4511.192 of the Revised	85527
Code in regard to a person whose test results indicate that the	85528
person's whole blood, blood serum or plasma, breath, or urine	85529
contained at least the concentration of alcohol specified in	85530
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	85531
Revised Code or at least the concentration of a listed controlled	85532
substance or a listed metabolite of a controlled substance	85533
specified in division (A)(1)(j) of section 4511.19 of the Revised	85534
Code, the registrar shall enter into the registrar's records the	85535
fact that the person's driver's or commercial driver's license or	85536
permit or nonresident operating privilege was suspended by the	85537
arresting officer under this division and section 4511.192 of the	85538
Revised Code and the period of the suspension, as determined under	85539
divisions (C)(1)(a) to (d) of this section. The suspension shall	85540
be subject to appeal as provided in section 4511.197 of the	85541
Revised Code. The suspension described in this division does not	85542
apply to, and shall not be imposed upon, a person arrested for a	85543
violation of section 4511.194 of the Revised Code or a	85544
substantially equivalent municipal ordinance who submits to a	85545
designated chemical test. The suspension shall be for whichever of	85546
the following periods applies:	85547

(a) Except when division (C)(1)(b), (c), or (d) of this	85548
section applies and specifies a different period, the suspension	85549
shall be a class E suspension imposed for the period of time	85550
specified in division (B)(5) of section 4510.02 of the Revised	85551
Code.	85552

(b) The suspension shall be a class C suspension for the	85553
period of time specified in division (B)(3) of section 4510.02 of	85554
the Revised Code if the person has been convicted of or pleaded	85555
guilty to, within six years of the date the test was conducted,	85556
one violation of division (A) or (B) of section 4511.19 of the	85557
Revised Code or one other equivalent offense.	85558

(c) If, within six years of the date the test was conducted,	85559
the person has been convicted of or pleaded guilty to two	85560
violations of a statute or ordinance described in division	85561
(C)(1)(b) of this section, the suspension shall be a class B	85562
suspension imposed for the period of time specified in division	85563
(B)(2) of section 4510.02 of the Revised Code.	85564

(d) If, within six years of the date the test was conducted,	85565
the person has been convicted of or pleaded guilty to more than	85566
two violations of a statute or ordinance described in division	85567
(C)(1)(b) of this section, the suspension shall be a class A	85568
suspension imposed for the period of time specified in division	85569
(B)(1) of section 4510.02 of the Revised Code.	85570

(2) The registrar shall terminate a suspension of the	85571
driver's or commercial driver's license or permit of a resident or	85572
of the operating privilege of a nonresident, or a denial of a	85573
driver's or commercial driver's license or permit, imposed	85574
pursuant to division (C)(1) of this section upon receipt of notice	85575
that the person has entered a plea of guilty to, or that the	85576
person has been convicted after entering a plea of no contest to,	85577
operating a vehicle in violation of section 4511.19 of the Revised	85578
Code or in violation of a municipal OVI ordinance, if the offense	85579
for which the conviction is had or the plea is entered arose from	85580
the same incident that led to the suspension or denial.	85581

The registrar shall credit against any judicial suspension of	85582
a person's driver's or commercial driver's license or permit or	85583
nonresident operating privilege imposed pursuant to section	85584
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	85585
Revised Code for a violation of a municipal OVI ordinance, any	85586
time during which the person serves a related suspension imposed	85587
pursuant to division (C)(1) of this section.	85588

(D)(1) A suspension of a person's driver's or commercial	85589
driver's license or permit or nonresident operating privilege	85590
under this section for the time described in division (B) or (C)	85591
of this section is effective immediately from the time at which	85592
the arresting officer serves the notice of suspension upon the	85593
arrested person. Any subsequent finding that the person is not	85594
guilty of the charge that resulted in the person being requested	85595
to take the chemical test or tests under division (A) of this	85596
section does not affect the suspension.	85597

(2) If a person is arrested for operating a vehicle,	85598
streetcar, or trackless trolley in violation of division (A) or	85599
(B) of section 4511.19 of the Revised Code or a municipal OVI	85600
ordinance, or for being in physical control of a vehicle,	85601
streetcar, or trackless trolley in violation of section 4511.194	85602
of the Revised Code or a substantially equivalent municipal	85603
ordinance, regardless of whether the person's driver's or	85604
commercial driver's license or permit or nonresident operating	85605
privilege is or is not suspended under division (B) or (C) of this	85606
section or Chapter 4510. of the Revised Code, the person's initial	85607
appearance on the charge resulting from the arrest shall be held	85608
within five days of the person's arrest or the issuance of the	85609
citation to the person, subject to any continuance granted by the	85610
court pursuant to section 4511.197 of the Revised Code regarding	85611
the issues specified in that division.	85612

(E) When it finally has been determined under the procedures	85613
of this section and sections 4511.192 to 4511.197 of the Revised	85614
Code that a nonresident's privilege to operate a vehicle within	85615
this state has been suspended, the registrar shall give	85616
information in writing of the action taken to the motor vehicle	85617
administrator of the state of the person's residence and of any	85618
state in which the person has a license.	85619

(F) At the end of a suspension period under this section,	85620
under section 4511.194, section 4511.196, or division (G) of	85621
section 4511.19 of the Revised Code, or under section 4510.07 of	85622
the Revised Code for a violation of a municipal OVI ordinance and	85623
upon the request of the person whose driver's or commercial	85624
driver's license or permit was suspended and who is not otherwise	85625
subject to suspension, cancellation, or disqualification, the	85626
registrar shall return the driver's or commercial driver's license	85627
or permit to the person upon the occurrence of all of the	85628
conditions specified in divisions (F)(1) and (2) of this section:	85629

(1) A showing that the person has proof of financial	85630
responsibility, a policy of liability insurance in effect that	85631
meets the minimum standards set forth in section 4509.51 of the	85632
Revised Code, or proof, to the satisfaction of the registrar, that	85633
the person is able to respond in damages in an amount at least	85634
equal to the minimum amounts specified in section 4509.51 of the	85635
Revised Code.	85636

(2) Subject to the limitation contained in division (F)(3) of	85637
this section, payment by the person to the registrar ~~of motor~~	85638
~~vehicles~~ or an eligible deputy registrar of a license	85639
reinstatement fee of four hundred seventy-five dollars, which fee	85640
shall be deposited in the state treasury and credited as follows:	85641

(a) One hundred twelve dollars and fifty cents shall be	85642
credited to the statewide treatment and prevention fund created by	85643
section 4301.30 of the Revised Code. ~~The~~Money credited to the	85644
fund under this section shall be used ~~to pay the costs of driver~~	85645
~~treatment and intervention programs operated pursuant to sections~~	85646
~~3793.02 and 3793.10~~for purposes identified in the comprehensive	85647
statewide alcohol and drug addiction services plan developed under	85648
section 3793.04 of the Revised Code. ~~The director of alcohol and~~	85649
~~drug addiction services shall determine the share of the fund that~~	85650
~~is to be allocated to alcohol and drug addiction programs~~	85651
~~authorized by section 3793.02 of the Revised Code, and the share~~	85652
~~of the fund that is to be allocated to drivers' intervention~~	85653
~~programs authorized by section 3793.10 of the Revised Code.~~	85654

(b) Seventy-five dollars shall be credited to the reparations	85655
fund created by section 2743.191 of the Revised Code.	85656

(c) Thirty-seven dollars and fifty cents shall be credited to	85657
the indigent drivers alcohol treatment fund, which is hereby	85658
established in the state treasury. Except as otherwise provided in	85659
division (F)(2)(c) of this section, moneys in the fund shall be	85660
distributed by the department of alcohol and drug addiction	85661
services to the county indigent drivers alcohol treatment funds,	85662
the county juvenile indigent drivers alcohol treatment funds, and	85663
the municipal indigent drivers alcohol treatment funds that are	85664
required to be established by counties and municipal corporations	85665
pursuant to division (H) of this section, and shall be used only	85666
to pay the cost of an alcohol and drug addiction treatment program	85667
attended by an offender or juvenile traffic offender who is	85668
ordered to attend an alcohol and drug addiction treatment program	85669
by a county, juvenile, or municipal court judge and who is	85670
determined by the county, juvenile, or municipal court judge not	85671
to have the means to pay for the person's attendance at the	85672
program or to pay the costs specified in division (H)(4) of this	85673
section in accordance with that division. In addition, a county,	85674
juvenile, or municipal court judge may use moneys in the county	85675
indigent drivers alcohol treatment fund, county juvenile indigent	85676
drivers alcohol treatment fund, or municipal indigent drivers	85677
alcohol treatment fund to pay for the cost of the continued use of	85678
an alcohol monitoring device as described in divisions (H)(3) and	85679
(4) of this section. Moneys in the fund that are not distributed	85680
to a county indigent drivers alcohol treatment fund, a county	85681
juvenile indigent drivers alcohol treatment fund, or a municipal	85682
indigent drivers alcohol treatment fund under division (H) of this	85683
section because the director of alcohol and drug addiction	85684
services does not have the information necessary to identify the	85685
county or municipal corporation where the offender or juvenile	85686
offender was arrested may be transferred by the director of budget	85687
and management to the statewide treatment and prevention fund	85688
created by section 4301.30 of the Revised Code, upon certification	85689
of the amount by the director of alcohol and drug addiction	85690
services.	85691

(d) Seventy-five dollars shall be credited to the Ohio	85692
rehabilitation services commission established by section 3304.12	85693
of the Revised Code, to the services for rehabilitation fund,	85694
which is hereby established. The fund shall be used to match	85695
available federal matching funds where appropriate, and for any	85696
other purpose or program of the commission to rehabilitate people	85697
with disabilities to help them become employed and independent.	85698

(e) Seventy-five dollars shall be deposited into the state	85699
treasury and credited to the drug abuse resistance education	85700
programs fund, which is hereby established, to be used by the	85701
attorney general for the purposes specified in division (F)(4) of	85702
this section.	85703

(f) Thirty dollars shall be credited to the state bureau of	85704
motor vehicles fund created by section 4501.25 of the Revised	85705
Code.	85706

(g) Twenty dollars shall be credited to the trauma and	85707
emergency medical services grants fund created by section 4513.263	85708
of the Revised Code.	85709

(h) Fifty dollars shall be credited to the indigent drivers	85710
interlock and alcohol monitoring fund, which is hereby established	85711
in the state treasury. ~~Monies~~Moneys in the fund shall be	85712
distributed by the department of public safety to the county	85713
indigent drivers interlock and alcohol monitoring funds, the	85714
county juvenile indigent drivers interlock and alcohol monitoring	85715
funds, and the municipal indigent drivers interlock and alcohol	85716
monitoring funds that are required to be established by counties	85717
and municipal corporations pursuant to this section, and shall be	85718
used only to pay the cost of an immobilizing or disabling device,	85719
including a certified ignition interlock device, or an alcohol	85720
monitoring device used by an offender or juvenile offender who is	85721
ordered to use the device by a county, juvenile, or municipal	85722
court judge and who is determined by the county, juvenile, or	85723
municipal court judge not to have the means to pay for the	85724
person's use of the device.	85725

(3) If a person's driver's or commercial driver's license or	85726
permit is suspended under this section, under section 4511.196 or	85727
division (G) of section 4511.19 of the Revised Code, under section	85728
4510.07 of the Revised Code for a violation of a municipal OVI	85729
ordinance or under any combination of the suspensions described in	85730
division (F)(3) of this section, and if the suspensions arise from	85731
a single incident or a single set of facts and circumstances, the	85732
person is liable for payment of, and shall be required to pay to	85733
the registrar or an eligible deputy registrar, only one	85734
reinstatement fee of four hundred seventy-five dollars. The	85735
reinstatement fee shall be distributed by the bureau in accordance	85736
with division (F)(2) of this section.	85737

(4) The attorney general shall use amounts in the drug abuse	85738
resistance education programs fund to award grants to law	85739
enforcement agencies to establish and implement drug abuse	85740
resistance education programs in public schools. Grants awarded to	85741
a law enforcement agency under this section shall be used by the	85742
agency to pay for not more than fifty per cent of the amount of	85743
the salaries of law enforcement officers who conduct drug abuse	85744
resistance education programs in public schools. The attorney	85745
general shall not use more than six per cent of the amounts the	85746
attorney general's office receives under division (F)(2)(e) of	85747
this section to pay the costs it incurs in administering the grant	85748
program established by division (F)(2)(e) of this section and in	85749
providing training and materials relating to drug abuse resistance	85750
education programs.	85751

The attorney general shall report to the governor and the	85752
general assembly each fiscal year on the progress made in	85753
establishing and implementing drug abuse resistance education	85754
programs. These reports shall include an evaluation of the	85755
effectiveness of these programs.	85756

(5) In addition to the reinstatement fee under this section,	85757
if the person pays the reinstatement fee to a deputy registrar,	85758
the deputy registrar shall collect a service fee of ten dollars to	85759
compensate the deputy registrar for services performed under this	85760
section. The deputy registrar shall retain eight dollars of the	85761
service fee and shall transmit the reinstatement fee, plus two	85762
dollars of the service fee, to the registrar in the manner the	85763
registrar shall determine.	85764

(G) Suspension of a commercial driver's license under	85765
division (B) or (C) of this section shall be concurrent with any	85766
period of disqualification under section 3123.611 or 4506.16 of	85767
the Revised Code or any period of suspension under section 3123.58	85768
of the Revised Code. No person who is disqualified for life from	85769
holding a commercial driver's license under section 4506.16 of the	85770
Revised Code shall be issued a driver's license under Chapter	85771
4507. of the Revised Code during the period for which the	85772
commercial driver's license was suspended under division (B) or	85773
(C) of this section. No person whose commercial driver's license	85774
is suspended under division (B) or (C) of this section shall be	85775
issued a driver's license under Chapter 4507. of the Revised Code	85776
during the period of the suspension.	85777

(H)(1) Each county shall establish an indigent drivers	85778
alcohol treatment fund, each county shall establish a juvenile	85779
indigent drivers alcohol treatment fund, and each municipal	85780
corporation in which there is a municipal court shall establish an	85781
indigent drivers alcohol treatment fund. All revenue that the	85782
general assembly appropriates to the indigent drivers alcohol	85783
treatment fund for transfer to a county indigent drivers alcohol	85784
treatment fund, a county juvenile indigent drivers alcohol	85785
treatment fund, or a municipal indigent drivers alcohol treatment	85786
fund, all portions of fees that are paid under division (F) of	85787
this section and that are credited under that division to the	85788
indigent drivers alcohol treatment fund in the state treasury for	85789
a county indigent drivers alcohol treatment fund, a county	85790
juvenile indigent drivers alcohol treatment fund, or a municipal	85791
indigent drivers alcohol treatment fund, all portions of	85792
additional costs imposed under section 2949.094 of the Revised	85793
Code that are specified for deposit into a county, county	85794
juvenile, or municipal indigent drivers alcohol treatment fund by	85795
that section, and all portions of fines that are specified for	85796
deposit into a county or municipal indigent drivers alcohol	85797
treatment fund by section 4511.193 of the Revised Code shall be	85798
deposited into that county indigent drivers alcohol treatment	85799
fund, county juvenile indigent drivers alcohol treatment fund, or	85800
municipal indigent drivers alcohol treatment fund. The portions of	85801
the fees paid under division (F) of this section that are to be so	85802
deposited shall be determined in accordance with division (H)(2)	85803
of this section. Additionally, all portions of fines that are paid	85804
for a violation of section 4511.19 of the Revised Code or of any	85805
prohibition contained in Chapter 4510. of the Revised Code, and	85806
that are required under section 4511.19 or any provision of	85807
Chapter 4510. of the Revised Code to be deposited into a county	85808
indigent drivers alcohol treatment fund or municipal indigent	85809
drivers alcohol treatment fund shall be deposited into the	85810
appropriate fund in accordance with the applicable division of the	85811
section or provision.	85812

(2) That portion of the license reinstatement fee that is	85813
paid under division (F) of this section and that is credited under	85814
that division to the indigent drivers alcohol treatment fund shall	85815
be deposited into a county indigent drivers alcohol treatment	85816
fund, a county juvenile indigent drivers alcohol treatment fund,	85817
or a municipal indigent drivers alcohol treatment fund as follows:	85818

(a) Regarding a suspension imposed under this section, that	85819
portion of the fee shall be deposited as follows:	85820

(i) If the fee is paid by a person who was charged in a	85821
county court with the violation that resulted in the suspension or	85822
in the imposition of the court costs, the portion shall be	85823
deposited into the county indigent drivers alcohol treatment fund	85824
under the control of that court;	85825

(ii) If the fee is paid by a person who was charged in a	85826
juvenile court with the violation that resulted in the suspension	85827
or in the imposition of the court costs, the portion shall be	85828
deposited into the county juvenile indigent drivers alcohol	85829
treatment fund established in the county served by the court;	85830

(iii) If the fee is paid by a person who was charged in a	85831
municipal court with the violation that resulted in the suspension	85832
or in the imposition of the court costs, the portion shall be	85833
deposited into the municipal indigent drivers alcohol treatment	85834
fund under the control of that court.	85835

(b) Regarding a suspension imposed under section 4511.19 of	85836
the Revised Code or under section 4510.07 of the Revised Code for	85837
a violation of a municipal OVI ordinance, that portion of the fee	85838
shall be deposited as follows:	85839

(i) If the fee is paid by a person whose license or permit	85840
was suspended by a county court, the portion shall be deposited	85841
into the county indigent drivers alcohol treatment fund under the	85842
control of that court;	85843

(ii) If the fee is paid by a person whose license or permit	85844
was suspended by a municipal court, the portion shall be deposited	85845
into the municipal indigent drivers alcohol treatment fund under	85846
the control of that court.	85847

(3) Expenditures from a county indigent drivers alcohol	85848
treatment fund, a county juvenile indigent drivers alcohol	85849
treatment fund, or a municipal indigent drivers alcohol treatment	85850
fund shall be made only upon the order of a county, juvenile, or	85851
municipal court judge and only for payment of the cost of an	85852
assessment or the cost of the attendance at an alcohol and drug	85853
addiction treatment program of a person who is convicted of, or	85854
found to be a juvenile traffic offender by reason of, a violation	85855
of division (A) of section 4511.19 of the Revised Code or a	85856
substantially similar municipal ordinance, who is ordered by the	85857
court to attend the alcohol and drug addiction treatment program,	85858
and who is determined by the court to be unable to pay the cost of	85859
the assessment or the cost of attendance at the treatment program	85860
or for payment of the costs specified in division (H)(4) of this	85861
section in accordance with that division. The alcohol and drug	85862
addiction services board or the board of alcohol, drug addiction,	85863
and mental health services established pursuant to section 340.02	85864
or 340.021 of the Revised Code and serving the alcohol, drug	85865
addiction, and mental health service district in which the court	85866
is located shall administer the indigent drivers alcohol treatment	85867
program of the court. When a court orders an offender or juvenile	85868
traffic offender to obtain an assessment or attend an alcohol and	85869
drug addiction treatment program, the board shall determine which	85870
program is suitable to meet the needs of the offender or juvenile	85871
traffic offender, and when a suitable program is located and space	85872
is available at the program, the offender or juvenile traffic	85873
offender shall attend the program designated by the board. A	85874
reasonable amount not to exceed five per cent of the amounts	85875
credited to and deposited into the county indigent drivers alcohol	85876
treatment fund, the county juvenile indigent drivers alcohol	85877
treatment fund, or the municipal indigent drivers alcohol	85878
treatment fund serving every court whose program is administered	85879
by that board shall be paid to the board to cover the costs it	85880
incurs in administering those indigent drivers alcohol treatment	85881
programs.	85882

In addition, upon exhaustion of moneys in the indigent	85883
drivers interlock and alcohol monitoring fund for the use of an	85884
alcohol monitoring device, a county, juvenile, or municipal court	85885
judge may use moneys in the county indigent drivers alcohol	85886
treatment fund, county juvenile indigent drivers alcohol treatment	85887
fund, or municipal indigent drivers alcohol treatment fund in the	85888
following manners:	85889

(a) If the source of the moneys was an appropriation of the	85890
general assembly, a portion of a fee that was paid under division	85891
(F) of this section, a portion of a fine that was specified for	85892
deposit into the fund by section 4511.193 of the Revised Code, or	85893
a portion of a fine that was paid for a violation of section	85894
4511.19 of the Revised Code or of a provision contained in Chapter	85895
4510. of the Revised Code that was required to be deposited into	85896
the fund, to pay for the continued use of an alcohol monitoring	85897
device by an offender or juvenile traffic offender, in conjunction	85898
with a treatment program approved by the department of alcohol and	85899
drug addiction services, when such use is determined clinically	85900
necessary by the treatment program and when the court determines	85901
that the offender or juvenile traffic offender is unable to pay	85902
all or part of the daily monitoring or cost of the device;	85903

(b) If the source of the moneys was a portion of an	85904
additional court cost imposed under section 2949.094 of the	85905
Revised Code, to pay for the continued use of an alcohol	85906
monitoring device by an offender or juvenile traffic offender when	85907
the court determines that the offender or juvenile traffic	85908
offender is unable to pay all or part of the daily monitoring or	85909
cost of the device. The moneys may be used for a device as	85910
described in this division if the use of the device is in	85911
conjunction with a treatment program approved by the department of	85912
alcohol and drug addiction services, when the use of the device is	85913
determined clinically necessary by the treatment program, but the	85914
use of a device is not required to be in conjunction with a	85915
treatment program approved by the department in order for the	85916
moneys to be used for the device as described in this division.	85917

(4) If a county, juvenile, or municipal court determines, in	85918
consultation with the alcohol and drug addiction services board or	85919
the board of alcohol, drug addiction, and mental health services	85920
established pursuant to section 340.02 or 340.021 of the Revised	85921
Code and serving the alcohol, drug addiction, and mental health	85922
district in which the court is located, that the funds in the	85923
county indigent drivers alcohol treatment fund, the county	85924
juvenile indigent drivers alcohol treatment fund, or the municipal	85925
indigent drivers alcohol treatment fund under the control of the	85926
court are more than sufficient to satisfy the purpose for which	85927
the fund was established, as specified in divisions (H)(1) to (3)	85928
of this section, the court may declare a surplus in the fund. If	85929
the court declares a surplus in the fund, the court may expend the	85930
amount of the surplus in the fund for:	85931

(a) Alcohol and drug abuse assessment and treatment of	85932
persons who are charged in the court with committing a criminal	85933
offense or with being a delinquent child or juvenile traffic	85934
offender and in relation to whom both of the following apply:	85935

(i) The court determines that substance abuse was a	85936
contributing factor leading to the criminal or delinquent activity	85937
or the juvenile traffic offense with which the person is charged.	85938

(ii) The court determines that the person is unable to pay	85939
the cost of the alcohol and drug abuse assessment and treatment	85940
for which the surplus money will be used.	85941

(b) All or part of the cost of purchasing alcohol monitoring	85942
devices to be used in conjunction with division (H)(3) of this	85943
section, upon exhaustion of moneys in the indigent drivers	85944
interlock and alcohol monitoring fund for the use of an alcohol	85945
monitoring device.	85946

(5) For the purpose of determining as described in division	85947
(F)(2)(c) of this section whether an offender does not have the	85948
means to pay for the offender's attendance at an alcohol and drug	85949
addiction treatment program or whether an alleged offender or	85950
delinquent child is unable to pay the costs specified in division	85951
(H)(4) of this section, the court shall use the indigent client	85952
eligibility guidelines and the standards of indigency established	85953
by the state public defender to make the determination.	85954

(6) The court shall identify and refer any alcohol and drug	85955
addiction program that is not certified under section 3793.06 of	85956
the Revised Code and that is interested in receiving amounts from	85957
the surplus in the fund declared under division (H)(4) of this	85958
section to the department of alcohol and drug addiction services	85959
in order for the program to become a certified alcohol and drug	85960
addiction program. The department shall keep a record of applicant	85961
referrals received pursuant to this division and shall submit a	85962
report on the referrals each year to the general assembly. If a	85963
program interested in becoming certified makes an application to	85964
become certified pursuant to section 3793.06 of the Revised Code,	85965
the program is eligible to receive surplus funds as long as the	85966
application is pending with the department. The department of	85967
alcohol and drug addiction services must offer technical	85968
assistance to the applicant. If the interested program withdraws	85969
the certification application, the department must notify the	85970
court, and the court shall not provide the interested program with	85971
any further surplus funds.	85972

(7)(a) Each alcohol and drug addiction services board and	85973
board of alcohol, drug addiction, and mental health services	85974
established pursuant to section 340.02 or 340.021 of the Revised	85975
Code shall submit to the department of alcohol and drug addiction	85976
services an annual report for each indigent drivers alcohol	85977
treatment fund in that board's area.	85978

(b) The report, which shall be submitted not later than sixty	85979
days after the end of the state fiscal year, shall provide the	85980
total payment that was made from the fund, including the number of	85981
indigent consumers that received treatment services and the number	85982
of indigent consumers that received an alcohol monitoring device.	85983
The report shall identify the treatment program and expenditure	85984
for an alcohol monitoring device for which that payment was made.	85985
The report shall include the fiscal year balance of each indigent	85986
drivers alcohol treatment fund located in that board's area. In	85987
the event that a surplus is declared in the fund pursuant to	85988
division (H)(4) of this section, the report also shall provide the	85989
total payment that was made from the surplus moneys and identify	85990
the treatment program and expenditure for an alcohol monitoring	85991
device for which that payment was made. The department may require	85992
additional information necessary to complete the comprehensive	85993
statewide alcohol and drug addiction services plan as required by	85994
section 3793.04 of the Revised Code.	85995

(c) If a board is unable to obtain adequate information to	85996
develop the report to submit to the department for a particular	85997
indigent drivers alcohol treatment fund, the board shall submit a	85998
report detailing the effort made in obtaining the information.	85999

(I)(1) Each county shall establish an indigent drivers	86000
interlock and alcohol monitoring fund and a juvenile indigent	86001
drivers interlock and alcohol treatment fund, and each municipal	86002
corporation in which there is a municipal court shall establish an	86003
indigent drivers interlock and alcohol monitoring fund. All	86004
revenue that the general assembly appropriates to the indigent	86005
drivers interlock and alcohol monitoring fund for transfer to a	86006
county indigent drivers interlock and alcohol monitoring fund, a	86007
county juvenile indigent drivers interlock and alcohol monitoring	86008
fund, or a municipal indigent drivers interlock and alcohol	86009
monitoring fund, all portions of license reinstatement fees that	86010
are paid under division (F)(2) of this section and that are	86011
credited under that division to the indigent drivers interlock and	86012
alcohol monitoring fund in the state treasury, and all portions of	86013
fines that are paid under division (G) of section 4511.19 of the	86014
Revised Code and that are credited by division (G)(5)(e) of that	86015
section to the indigent drivers interlock and alcohol monitoring	86016
fund in the state treasury shall be deposited in the appropriate	86017
fund in accordance with division (I)(2) of this section.	86018

(2) That portion of the license reinstatement fee that is	86019
paid under division (F) of this section and that portion of the	86020
fine paid under division (G) of section 4511.19 of the Revised	86021
Code and that is credited under either division to the indigent	86022
drivers interlock and alcohol monitoring fund shall be deposited	86023
into a county indigent drivers interlock and alcohol monitoring	86024
fund, a county juvenile indigent drivers interlock and alcohol	86025
monitoring fund, or a municipal indigent drivers interlock and	86026
alcohol monitoring fund as follows:	86027

(a) If the fee or fine is paid by a person who was charged in	86028
a county court with the violation that resulted in the suspension	86029
or fine, the portion shall be deposited into the county indigent	86030
drivers interlock and alcohol monitoring fund under the control of	86031
that court.	86032

(b) If the fee or fine is paid by a person who was charged in	86033
a juvenile court with the violation that resulted in the	86034
suspension or fine, the portion shall be deposited into the county	86035
juvenile indigent drivers interlock and alcohol monitoring fund	86036
established in the county served by the court.	86037

(c) If the fee or fine is paid by a person who was charged in	86038
a municipal court with the violation that resulted in the	86039
suspension, the portion shall be deposited into the municipal	86040
indigent drivers interlock and alcohol monitoring fund under the	86041
control of that court.	86042

Sec. 4511.193. (A) Twenty-five dollars of any fine imposed	86043
for a violation of a municipal OVI ordinance shall be deposited	86044
into the municipal or county indigent drivers alcohol treatment	86045
fund created pursuant to division (H) of section 4511.191 of the	86046
Revised Code in accordance with this section and section 733.40,	86047
divisions (A) ~~and~~, (B), and (C) of section 1901.024, division (F)	86048
of section 1901.31, or division (C) of section 1907.20 of the	86049
Revised Code. Regardless of whether the fine is imposed by a	86050
municipal court, a mayor's court, or a juvenile court, if the fine	86051
was imposed for a violation of an ordinance of a municipal	86052
corporation that is within the jurisdiction of a county-operated	86053
municipal court or a municipal court that is not a county-operated	86054
municipal court, the twenty-five dollars that is subject to this	86055
section shall be deposited into the indigent drivers alcohol	86056
treatment fund of the county in which that municipal corporation	86057
is located if the municipal court that has jurisdiction over that	86058
municipal corporation is a county-operated municipal court or of	86059
the municipal corporation in which is located the municipal court	86060
that has jurisdiction over that municipal corporation if that	86061
municipal court is not a county-operated municipal court.	86062
Regardless of whether the fine is imposed by a county court, a	86063
mayor's court, or a juvenile court, if the fine was imposed for a	86064
violation of an ordinance of a municipal corporation that is	86065
within the jurisdiction of a county court, the twenty-five dollars	86066
that is subject to this section shall be deposited into the	86067
indigent drivers alcohol treatment fund of the county in which is	86068
located the county court that has jurisdiction over that municipal	86069
corporation. The deposit shall be made in accordance with section	86070
733.40, divisions (A) ~~and~~, (B), and (C) of section 1901.024,	86071
division (F) of section 1901.31, or division (C) of section	86072
1907.20 of the Revised Code.	86073

(B) Any court cost imposed as a result of a violation of a	86074
municipal ordinance that is a moving violation and designated for	86075
an indigent drivers alcohol treatment fund established pursuant to	86076
division (H) of section 4511.191 of the Revised Code shall be	86077
deposited into the municipal or county indigent drivers alcohol	86078
treatment fund created pursuant to division (H) of section	86079
4511.191 of the Revised Code in accordance with this section and	86080
section 733.40, divisions (A), (B), and (C) of section 1901.024,	86081
division (F) of section 1901.31, or division (C) of section	86082
1907.20 of the Revised Code. Regardless of whether the court cost	86083
is imposed by a municipal court, a mayor's court, or a juvenile	86084
court, if the court cost was imposed for a violation of an	86085
ordinance of a municipal corporation that is within the	86086
jurisdiction of a county-operated municipal court or a municipal	86087
court that is not a county-operated municipal court, the court	86088
cost that is subject to this section shall be deposited into the	86089
indigent drivers alcohol treatment fund of the county in which	86090
that municipal corporation is located if the municipal court that	86091
has jurisdiction over that municipal corporation is a	86092
county-operated municipal court or of the municipal corporation in	86093
which is located the municipal court that has jurisdiction over	86094
that municipal corporation if that municipal court is not a	86095
county-operated municipal court. Regardless of whether the court	86096
cost is imposed by a county court, a mayor's court, or a juvenile	86097
court, if the court cost was imposed for a violation of an	86098
ordinance of a municipal corporation that is within the	86099
jurisdiction of a county court, the court cost that is subject to	86100
this section shall be deposited into the indigent drivers alcohol	86101
treatment fund of the county in which is located the county court	86102
that has jurisdiction over that municipal corporation. The deposit	86103
shall be made in accordance with section 733.40, divisions (A),	86104
(B), and (C) of section 1901.024, division (F) of section 1901.31,	86105
or division (C) of section 1907.20 of the Revised Code.	86106

(C)(1) The requirements and sanctions imposed by divisions	86107
~~(B)~~(C)(1) and (2) of this section are an adjunct to and derive	86108
from the state's exclusive authority over the registration and	86109
titling of motor vehicles and do not comprise a part of the	86110
criminal sentence to be imposed upon a person who violates a	86111
municipal OVI ordinance.	86112

(2) If a person is convicted of or pleads guilty to a	86113
violation of a municipal OVI ordinance, if the vehicle the	86114
offender was operating at the time of the offense is registered in	86115
the offender's name, and if, within six years of the current	86116
offense, the offender has been convicted of or pleaded guilty to	86117
one or more violations of division (A) or (B) of section 4511.19	86118
of the Revised Code or one or more other equivalent offenses, the	86119
court, in addition to and independent of any sentence that it	86120
imposes upon the offender for the offense, shall do whichever of	86121
the following is applicable:	86122

(a) Except as otherwise provided in division ~~(B)~~(C)(2)(b) of	86123
this section, if, within six years of the current offense, the	86124
offender has been convicted of or pleaded guilty to one violation	86125
described in division ~~(B)~~(C)(2) of this section, the court shall	86126
order the immobilization for ninety days of that vehicle and the	86127
impoundment for ninety days of the license plates of that vehicle.	86128
The order for the immobilization and impoundment shall be issued	86129
and enforced in accordance with section 4503.233 of the Revised	86130
Code.	86131

(b) If, within six years of the current offense, the offender	86132
has been convicted of or pleaded guilty to two or more violations	86133
described in division ~~(B)~~(C)(2) of this section, or if the	86134
offender previously has been convicted of or pleaded guilty to a	86135
violation of division (A) of section 4511.19 of the Revised Code	86136
under circumstances in which the violation was a felony and	86137
regardless of when the violation and the conviction or guilty plea	86138
occurred, the court shall order the criminal forfeiture to the	86139
state of that vehicle. The order of criminal forfeiture shall be	86140
issued and enforced in accordance with section 4503.234 of the	86141
Revised Code.	86142

(D) As used in this section, "county-operated municipal	86143
court" has the same meaning as in section 1901.03 of the Revised	86144
Code.	86145

Sec. 4513.39. (A) The state highway patrol and sheriffs or	86146
their deputies shall exercise, to the exclusion of all other peace	86147
officers except within municipal corporations and except as	86148
specified in division (B) of this section and division (E) of	86149
section 2935.03 of the Revised Code, the power to make arrests for	86150
violations on all state highways, of sections 4503.11, 4503.21,	86151
4511.14 to 4511.16, 4511.20 to 4511.23, 4511.26 to 4511.40,	86152
4511.42 to 4511.48, 4511.58, 4511.59, 4511.62 to 4511.71, 4513.03	86153
to 4513.13, 4513.15 to 4513.22, 4513.24 to 4513.34, 4549.01,	86154
4549.08 to 4549.12, and 4549.62 of the Revised Code.	86155

(B) A member of the police force of a township police	86156
district created under section 505.48 of the Revised Code or of a	86157
joint police district created under section 505.482 of the Revised	86158
Code, and a township constable appointed pursuant to section	86159
509.01 of the Revised Code, who has received a certificate from	86160
the Ohio peace officer training commission under section 109.75 of	86161
the Revised Code, shall exercise the power to make arrests for	86162
violations of those sections listed in division (A) of this	86163
section, other than sections 4513.33 and 4513.34 of the Revised	86164
Code, as follows:	86165

(1) If the population of the township that created the	86166
township or joint police district served by the member's police	86167
force or the township that is served by the township constable is	86168
fifty thousand or less, the member or constable shall exercise	86169
that power on those portions of all state highways, except those	86170
highways included as part of the interstate system, as defined in	86171
section 5516.01 of the Revised Code, that are located within the	86172
township or joint police district, in the case of a member of a	86173
township or joint police district police force, or within the	86174
unincorporated territory of the township, in the case of a	86175
township constable;	86176

(2) If the population of the township that created the	86177
township or joint police district served by the member's police	86178
force or the township that is served by the township constable is	86179
greater than fifty thousand, the member or constable shall	86180
exercise that power on those portions of all state highways and	86181
highways included as part of the interstate highway system, as	86182
defined in section 5516.01 of the Revised Code, that are located	86183
within the township or joint police district, in the case of a	86184
member of a township or joint police district police force, or	86185
within the unincorporated territory of the township, in the case	86186
of a township constable.	86187

Sec. 4513.60. (A)(1) The sheriff of a county or chief of	86188
police of a municipal corporation, township, or township or joint	86189
police district, within the sheriff's or chief's respective	86190
territorial jurisdiction, upon complaint of any person adversely	86191
affected, may order into storage any motor vehicle, other than an	86192
abandoned junk motor vehicle as defined in section 4513.63 of the	86193
Revised Code, that has been left on private residential or private	86194
agricultural property for at least four hours without the	86195
permission of the person having the right to the possession of the	86196
property. The sheriff or chief of police, upon complaint of the	86197
owner of a repair garage or place of storage, may order into	86198
storage any motor vehicle, other than an abandoned junk motor	86199
vehicle, that has been left at the garage or place of storage for	86200
a longer period than that agreed upon. The place of storage shall	86201
be designated by the sheriff or chief of police. When ordering a	86202
motor vehicle into storage pursuant to this division, a sheriff or	86203
chief of police, whenever possible, shall arrange for the removal	86204
of the motor vehicle by a private tow truck operator or towing	86205
company. Subject to division (C) of this section, the owner of a	86206
motor vehicle that has been removed pursuant to this division may	86207
recover the vehicle only in accordance with division (E) of this	86208
section.	86209

(2) Divisions (A)(1) to (3) of this section do not apply to	86210
any private residential or private agricultural property that is	86211
established as a private tow-away zone in accordance with division	86212
(B) of this section.	86213

(3) As used in divisions (A)(1) and (2) of this section,	86214
"private residential property" means private property on which is	86215
located one or more structures that are used as a home, residence,	86216
or sleeping place by one or more persons, if no more than three	86217
separate households are maintained in the structure or structures.	86218
"Private residential property" does not include any private	86219
property on which is located one or more structures that are used	86220
as a home, residence, or sleeping place by two or more persons, if	86221
more than three separate households are maintained in the	86222
structure or structures.	86223

(B)(1) The owner of private property may establish a private	86224
tow-away zone only if all of the following conditions are	86225
satisfied:	86226

(a) The owner posts on the owner's property a sign, that is	86227
at least eighteen inches by twenty-four inches in size, that is	86228
visible from all entrances to the property, and that contains at	86229
least all of the following information:	86230

(i) A notice that the property is a private tow-away zone and	86231
that vehicles not authorized to park on the property will be towed	86232
away;	86233

(ii) The telephone number of the person from whom a	86234
towed-away vehicle can be recovered, and the address of the place	86235
to which the vehicle will be taken and the place from which it may	86236
be recovered;	86237

(iii) A statement that the vehicle may be recovered at any	86238
time during the day or night upon the submission of proof of	86239
ownership and the payment of a towing charge, in an amount not to	86240
exceed ninety dollars, and a storage charge, in an amount not to	86241
exceed twelve dollars per twenty-four-hour period; except that the	86242
charge for towing shall not exceed one hundred fifty dollars, and	86243
the storage charge shall not exceed twenty dollars per	86244
twenty-four-hour period, if the vehicle has a manufacturer's gross	86245
vehicle weight rating in excess of ten thousand pounds and is a	86246
truck, bus, or a combination of a commercial tractor and trailer	86247
or semitrailer.	86248

(b) The place to which the towed vehicle is taken and from	86249
which it may be recovered is conveniently located, is well	86250
lighted, and is on or within a reasonable distance of a regularly	86251
scheduled route of one or more modes of public transportation, if	86252
any public transportation is available in the municipal	86253
corporation or township in which the private tow-away zone is	86254
located.	86255

(2) If a vehicle is parked on private property that is	86256
established as a private tow-away zone in accordance with division	86257
(B)(1) of this section, without the consent of the owner of the	86258
property or in violation of any posted parking condition or	86259
regulation, the owner or the owner's agent may remove, or cause	86260
the removal of, the vehicle, the owner and the operator of the	86261
vehicle shall be deemed to have consented to the removal and	86262
storage of the vehicle and to the payment of the towing and	86263
storage charges specified in division (B)(1)(a)(iii) of this	86264
section, and the owner, subject to division (C) of this section,	86265
may recover a vehicle that has been so removed only in accordance	86266
with division (E) of this section.	86267

(3) If a municipal corporation requires tow trucks and tow	86268
truck operators to be licensed, no owner of private property	86269
located within the municipal corporation shall remove, or shall	86270
cause the removal and storage of, any vehicle pursuant to division	86271
(B)(2) of this section by an unlicensed tow truck or unlicensed	86272
tow truck operator.	86273

(4) Divisions (B)(1) to (3) of this section do not affect or	86274
limit the operation of division (A) of this section or sections	86275
4513.61 to 4513.65 of the Revised Code as they relate to property	86276
other than private property that is established as a private	86277
tow-away zone under division (B)(1) of this section.	86278

(C) If the owner or operator of a motor vehicle that has been	86279
ordered into storage pursuant to division (A)(1) of this section	86280
or of a vehicle that is being removed under authority of division	86281
(B)(2) of this section arrives after the motor vehicle or vehicle	86282
has been prepared for removal, but prior to its actual removal	86283
from the property, the owner or operator shall be given the	86284
opportunity to pay a fee of not more than one-half of the charge	86285
for the removal of motor vehicles under division (A)(1) of this	86286
section or of vehicles under division (B)(2) of this section,	86287
whichever is applicable, that normally is assessed by the person	86288
who has prepared the motor vehicle or vehicle for removal, in	86289
order to obtain release of the motor vehicle or vehicle. Upon	86290
payment of that fee, the motor vehicle or vehicle shall be	86291
released to the owner or operator, and upon its release, the owner	86292
or operator immediately shall move it so that:	86293

(1) If the motor vehicle was ordered into storage pursuant to	86294
division (A)(1) of this section, it is not on the private	86295
residential or private agricultural property without the	86296
permission of the person having the right to possession of the	86297
property, or is not at the garage or place of storage without the	86298
permission of the owner, whichever is applicable.	86299

(2) If the vehicle was being removed under authority of	86300
division (B)(2) of this section, it is not parked on the private	86301
property established as a private tow-away zone without the	86302
consent of the owner or in violation of any posted parking	86303
condition or regulation.	86304

(D)(1) If an owner of private property that is established as	86305
a private tow-away zone in accordance with division (B)(1) of this	86306
section or the authorized agent of such an owner removes or causes	86307
the removal of a vehicle from that property under authority of	86308
division (B)(2) of this section, the owner or agent promptly shall	86309
notify the police department of the municipal corporation,	86310
township, or township or joint police district in which the	86311
property is located, of the removal, the vehicle's license number,	86312
make, model, and color, the location from which it was removed,	86313
the date and time of its removal, the telephone number of the	86314
person from whom it may be recovered, and the address of the place	86315
to which it has been taken and from which it may be recovered.	86316

(2) Each county sheriff and each chief of police of a	86317
municipal corporation, township, or township or joint police	86318
district shall maintain a record of motor vehicles that the	86319
sheriff or chief orders into storage pursuant to division (A)(1)	86320
of this section and of vehicles removed from private property in	86321
the sheriff's or chief's jurisdiction that is established as a	86322
private tow-away zone of which the sheriff or chief has received	86323
notice under division (D)(1) of this section. The record shall	86324
include an entry for each such motor vehicle or vehicle that	86325
identifies the motor vehicle's or vehicle's license number, make,	86326
model, and color, the location from which it was removed, the date	86327
and time of its removal, the telephone number of the person from	86328
whom it may be recovered, and the address of the place to which it	86329
has been taken and from which it may be recovered. Any information	86330
in the record that pertains to a particular motor vehicle or	86331
vehicle shall be provided to any person who, either in person or	86332
pursuant to a telephone call, identifies self as the owner or	86333
operator of the motor vehicle or vehicle and requests information	86334
pertaining to its location.	86335

(3) Any person who registers a complaint that is the basis of	86336
a sheriff's or police chief's order for the removal and storage of	86337
a motor vehicle under division (A)(1) of this section shall	86338
provide the identity of the law enforcement agency with which the	86339
complaint was registered to any person who identifies self as the	86340
owner or operator of the motor vehicle and requests information	86341
pertaining to its location.	86342

(E) The owner of a motor vehicle that is ordered into storage	86343
pursuant to division (A)(1) of this section or of a vehicle that	86344
is removed under authority of division (B)(2) of this section may	86345
reclaim it upon payment of any expenses or charges incurred in its	86346
removal, in an amount not to exceed ninety dollars, and storage,	86347
in an amount not to exceed twelve dollars per twenty-four-hour	86348
period; except that the charge for towing shall not exceed one	86349
hundred fifty dollars, and the storage charge shall not exceed	86350
twenty dollars per twenty-four-hour period, if the vehicle has a	86351
manufacturer's gross vehicle weight rating in excess of ten	86352
thousand pounds and is a truck, bus, or a combination of a	86353
commercial tractor and trailer or semitrailer. Presentation of	86354
proof of ownership, which may be evidenced by a certificate of	86355
title to the motor vehicle or vehicle also shall be required for	86356
reclamation of the vehicle. If a motor vehicle that is ordered	86357
into storage pursuant to division (A)(1) of this section remains	86358
unclaimed by the owner for thirty days, the procedures established	86359
by sections 4513.61 and 4513.62 of the Revised Code shall apply.	86360

(F) No person shall remove, or cause the removal of, any	86361
vehicle from private property that is established as a private	86362
tow-away zone under division (B)(1) of this section other than in	86363
accordance with division (B)(2) of this section, and no person	86364
shall remove, or cause the removal of, any motor vehicle from any	86365
other private property other than in accordance with division	86366
(A)(1) of this section or sections 4513.61 to 4513.65 of the	86367
Revised Code.	86368

(G) Whoever violates division (B)(3) or (F) of this section	86369
is guilty of a minor misdemeanor.	86370

Sec. 4513.61. The sheriff of a county or chief of police of	86371
a municipal corporation, township, or township or joint police	86372
district, within the sheriff's or chief's respective territorial	86373
jurisdiction, or a state highway patrol trooper, upon notification	86374
to the sheriff or chief of police of such action and of the	86375
location of the place of storage, may order into storage any motor	86376
vehicle, including an abandoned junk motor vehicle as defined in	86377
section 4513.63 of the Revised Code, that has come into the	86378
possession of the sheriff, chief of police, or state highway	86379
patrol trooper as a result of the performance of the sheriff's,	86380
chief's, or trooper's duties or that has been left on a public	86381
street or other property open to the public for purposes of	86382
vehicular travel, or upon or within the right-of-way of any road	86383
or highway, for forty-eight hours or longer without notification	86384
to the sheriff or chief of police of the reasons for leaving the	86385
motor vehicle in such place, except that when such a motor vehicle	86386
constitutes an obstruction to traffic it may be ordered into	86387
storage immediately. The sheriff or chief of police shall	86388
designate the place of storage of any motor vehicle so ordered	86389
removed.	86390

The sheriff or chief of police immediately shall cause a	86391
search to be made of the records of the bureau of motor vehicles	86392
to ascertain the owner and any lienholder of a motor vehicle	86393
ordered into storage by the sheriff or chief of police, or by a	86394
state highway patrol trooper, and, if known, shall send or cause	86395
to be sent notice to the owner or lienholder at the owner's or	86396
lienholder's last known address by certified mail with return	86397
receipt requested, that the motor vehicle will be declared a	86398
nuisance and disposed of if not claimed within ten days of the	86399
date of mailing of the notice. The owner or lienholder of the	86400
motor vehicle may reclaim it upon payment of any expenses or	86401
charges incurred in its removal and storage, and presentation of	86402
proof of ownership, which may be evidenced by a certificate of	86403
title or memorandum certificate of title to the motor vehicle. If	86404
the owner or lienholder of the motor vehicle reclaims it after a	86405
search of the records of the bureau has been conducted and after	86406
notice has been sent to the owner or lienholder as described in	86407
this section, and the search was conducted by the owner of the	86408
place of storage or the owner's employee, and the notice was sent	86409
to the motor vehicle owner by the owner of the place of storage or	86410
the owner's employee, the owner or lienholder shall pay to the	86411
place of storage a processing fee of twenty-five dollars, in	86412
addition to any expenses or charges incurred in the removal and	86413
storage of the vehicle.	86414

If the owner or lienholder makes no claim to the motor	86415
vehicle within ten days of the date of mailing of the notice, and	86416
if the vehicle is to be disposed of at public auction as provided	86417
in section 4513.62 of the Revised Code, the sheriff or chief of	86418
police, without charge to any party, shall file with the clerk of	86419
courts of the county in which the place of storage is located an	86420
affidavit showing compliance with the requirements of this	86421
section. Upon presentation of the affidavit, the clerk, without	86422
charge, shall issue a salvage certificate of title, free and clear	86423
of all liens and encumbrances, to the sheriff or chief of police.	86424
If the vehicle is to be disposed of to a motor vehicle salvage	86425
dealer or other facility as provided in section 4513.62 of the	86426
Revised Code, the sheriff or chief of police shall execute in	86427
triplicate an affidavit, as prescribed by the registrar of motor	86428
vehicles, describing the motor vehicle and the manner in which it	86429
was disposed of, and that all requirements of this section have	86430
been complied with. The sheriff or chief of police shall retain	86431
the original of the affidavit for the sheriff's or chief's	86432
records, and shall furnish two copies to the motor vehicle salvage	86433
dealer or other facility. Upon presentation of a copy of the	86434
affidavit by the motor vehicle salvage dealer, the clerk of	86435
courts, within thirty days of the presentation, shall issue to	86436
such owner a salvage certificate of title, free and clear of all	86437
liens and encumbrances.	86438

Whenever a motor vehicle salvage dealer or other facility	86439
receives an affidavit for the disposal of a motor vehicle as	86440
provided in this section, the dealer or facility shall not be	86441
required to obtain an Ohio certificate of title to the motor	86442
vehicle in the dealer's or facility's own name if the vehicle is	86443
dismantled or destroyed and both copies of the affidavit are	86444
delivered to the clerk of courts.	86445

Sec. 4513.62. Unclaimed motor vehicles ordered into storage	86446
pursuant to division (A)(1) of section 4513.60 or section 4513.61	86447
of the Revised Code shall be disposed of at the order of the	86448
sheriff of the county or the chief of police of the municipal	86449
corporation, township, or township or joint police district to a	86450
motor vehicle salvage dealer or scrap metal processing facility as	86451
defined in section 4737.05 of the Revised Code, or to any other	86452
facility owned by or under contract with the county, municipal	86453
corporation, or township, for the disposal of such motor vehicles,	86454
or shall be sold by the sheriff, chief of police, or licensed	86455
auctioneer at public auction, after giving notice thereof by	86456
advertisement, published once a week for two successive weeks in a	86457
newspaper of general circulation in the county or as provided in	86458
section 7.16 of the Revised Code. Any moneys accruing from the	86459
disposition of an unclaimed motor vehicle that are in excess of	86460
the expenses resulting from the removal and storage of the vehicle	86461
shall be credited to the general fund of the county, ~~the~~ municipal	86462
corporation, ~~or the~~ township, or joint police district, as the	86463
case may be.	86464

Sec. 4513.63. "Abandoned junk motor vehicle" means any motor	86465
vehicle meeting all of the following requirements:	86466

(A) Left on private property for forty-eight hours or longer	86467
without the permission of the person having the right to the	86468
possession of the property, on a public street or other property	86469
open to the public for purposes of vehicular travel or parking, or	86470
upon or within the right-of-way of any road or highway, for	86471
forty-eight hours or longer;	86472

(B) Three years old, or older;

86473

(C) Extensively damaged, such damage including but not	86474
limited to any of the following: missing wheels, tires, motor, or	86475
transmission;	86476

(D) Apparently inoperable;

86477

(E) Having a fair market value of one thousand five hundred	86478
dollars or less.	86479

The sheriff of a county or chief of police of a municipal	86480
corporation, township, or township or joint police district,	86481
within the sheriff's or chief's respective territorial	86482
jurisdiction, or a state highway patrol trooper, upon notification	86483
to the sheriff or chief of police of such action, shall order any	86484
abandoned junk motor vehicle to be photographed by a law	86485
enforcement officer. The officer shall record the make of motor	86486
vehicle, the serial number when available, and shall also detail	86487
the damage or missing equipment to substantiate the value of one	86488
thousand five hundred dollars or less. The sheriff or chief of	86489
police shall thereupon immediately dispose of the abandoned junk	86490
motor vehicle to a motor vehicle salvage dealer as defined in	86491
section 4738.01 of the Revised Code or a scrap metal processing	86492
facility as defined in section 4737.05 of the Revised Code which	86493
is under contract to the county, township, or municipal	86494
corporation, or to any other facility owned by or under contract	86495
with the county, township, or municipal corporation for the	86496
destruction of such motor vehicles. The records and photograph	86497
relating to the abandoned junk motor vehicle shall be retained by	86498
the law enforcement agency ordering the disposition of such	86499
vehicle for a period of at least two years. The law enforcement	86500
agency shall execute in quadruplicate an affidavit, as prescribed	86501
by the registrar of motor vehicles, describing the motor vehicle	86502
and the manner in which it was disposed of, and that all	86503
requirements of this section have been complied with, and, within	86504
thirty days of disposing of the vehicle, shall sign and file the	86505
affidavit with the clerk of courts of the county in which the	86506
motor vehicle was abandoned. The clerk of courts shall retain the	86507
original of the affidavit for the clerk's files, shall furnish one	86508
copy thereof to the registrar, one copy to the motor vehicle	86509
salvage dealer or other facility handling the disposal of the	86510
vehicle, and one copy to the law enforcement agency ordering the	86511
disposal, who shall file such copy with the records and photograph	86512
relating to the disposal. Any moneys arising from the disposal of	86513
an abandoned junk motor vehicle shall be deposited in the general	86514
fund of the county, township, or the municipal corporation, as the	86515
case may be.	86516

Notwithstanding section 4513.61 of the Revised Code, any	86517
motor vehicle meeting the requirements of divisions (C), (D), and	86518
(E) of this section which has remained unclaimed by the owner or	86519
lienholder for a period of ten days or longer following	86520
notification as provided in section 4513.61 of the Revised Code	86521
may be disposed of as provided in this section.	86522

Sec. 4513.64. (A) No person shall willfully leave an	86523
abandoned junk motor vehicle as defined in section 4513.63 of the	86524
Revised Code on private property for more than seventy-two hours	86525
without the permission of the person having the right to the	86526
possession of the property, or on a public street or other	86527
property open to the public for purposes of vehicular travel or	86528
parking, or upon or within the right-of-way of any road or	86529
highway, for forty-eight hours or longer without notification to	86530
the sheriff of the county or chief of police of the municipal	86531
corporation, township, or township or joint police district of the	86532
reasons for leaving the motor vehicle in such place.	86533

For purposes of this section, the fact that a motor vehicle	86534
has been so left without permission or notification is prima-facie	86535
evidence of abandonment.	86536

Nothing contained in sections 4513.60, 4513.61, and 4513.63	86537
of the Revised Code shall invalidate the provisions of municipal	86538
ordinances or township resolutions regulating or prohibiting the	86539
abandonment of motor vehicles on streets, highways, public	86540
property, or private property within municipal corporations or	86541
townships.	86542

(B) Whoever violates this section is guilty of a minor	86543
misdemeanor and shall also be assessed any costs incurred by the	86544
county, township, joint police district, or municipal corporation	86545
in disposing of the abandoned junk motor vehicle that is the basis	86546
of the violation, less any money accruing to the county, ~~to the~~	86547
township, joint police district, or ~~to the~~ municipal corporation	86548
from this disposal of the vehicle.	86549

Sec. 4513.66. (A) If a motor vehicle accident occurs on any	86550
highway, public street, or other property open to the public for	86551
purposes of vehicular travel and if any motor vehicle, cargo, or	86552
personal property that has been damaged or spilled as a result of	86553
the motor vehicle accident is blocking the highway, street, or	86554
other property or is otherwise endangering public safety, the	86555
sheriff of the county, or the chief of police of the municipal	86556
corporation, township, or township or joint police district, in	86557
which the accident occurred, a state highway patrol trooper, or	86558
the chief of the fire department having jurisdiction where the	86559
accident occurred may, without consent of the owner but with the	86560
approval of the law enforcement agency conducting any	86561
investigation of the accident, remove the motor vehicle if the	86562
motor vehicle is unoccupied, cargo, or personal property from the	86563
portion of the highway, public street, or property ordinarily used	86564
for vehicular travel on the highway, public street, or other	86565
property open to the public for purposes of vehicular travel.	86566

(B)(1) Except as provided in division (B)(2) or (3) of this	86567
section, no employee of the department of transportation, sheriff,	86568
deputy sheriff, chief of police or police officer of a municipal	86569
corporation, township, or township or joint police district, state	86570
highway patrol trooper, chief of a fire department, or fire	86571
fighter who authorizes or participates in the removal of any	86572
unoccupied motor vehicle, cargo, or personal property as	86573
authorized by division (A) of this section is liable in civil	86574
damages for any injury, death, or loss to person or property that	86575
results from the removal of that unoccupied motor vehicle, cargo,	86576
or personal property. Except as provided in division (B)(2) or (3)	86577
of this section, if the department of transportation or a sheriff,	86578
chief of police of a municipal corporation, township, or township	86579
or joint police district, head of the state highway patrol, or	86580
chief of a fire department authorizes, employs, or arranges to	86581
have a private tow truck operator or towing company remove any	86582
unoccupied motor vehicle, cargo, or personal property as	86583
authorized by division (A) of this section, that private tow truck	86584
operator or towing company is not liable in civil damages for any	86585
injury, death, or loss to person or property that results from the	86586
removal of that unoccupied motor vehicle, cargo, or personal	86587
property, and the department of transportation, sheriff, chief of	86588
police, head of the state highway patrol, or fire department chief	86589
is not liable in civil damages for any injury, death, or loss to	86590
person or property that results from the private tow truck	86591
operator or towing company's removal of that unoccupied motor	86592
vehicle, cargo, or personal property.	86593

(2) Division (B)(1) of this section does not apply to any	86594
person or entity involved in the removal of an unoccupied motor	86595
vehicle, cargo, or personal property pursuant to division (A) of	86596
this section if that removal causes or contributes to the release	86597
of a hazardous material or to structural damage to the roadway.	86598

(3) Division (B)(1) of this section does not apply to a	86599
private tow truck operator or towing company that was not	86600
authorized, employed, or arranged by the department of	86601
transportation, a sheriff, a chief of police of a municipal	86602
corporation, township, or township or joint police district, the	86603
head of the state highway patrol, or a chief of a fire department	86604
or to a private tow truck operator or towing company that was	86605
authorized, employed, or arranged by the department of	86606
transportation, a sheriff, a chief of police of a municipal	86607
corporation, township, or township or joint police district, the	86608
head of the state highway patrol, or a chief of a fire department	86609
to perform the removal of the unoccupied motor vehicle, cargo, or	86610
personal property and the private tow truck operator or towing	86611
company performed the removal in a reckless or willful manner.	86612

(C) As used in this section, "hazardous material" has the	86613
same meaning as in section 2305.232 of the Revised Code.	86614

Sec. 4517.01. As used in sections 4517.01 to 4517.65 of the	86615
Revised Code:	86616

(A) "Persons" includes individuals, firms, partnerships,	86617
associations, joint stock companies, corporations, and any	86618
combinations of individuals.	86619

(B) "Motor vehicle" means motor vehicle as defined in section	86620
4501.01 of the Revised Code and also includes "all-purpose	86621
vehicle" and "off-highway motorcycle" as those terms are defined	86622
in section 4519.01 of the Revised Code. "Motor vehicle" does not	86623
include a snowmobile as defined in section 4519.01 of the Revised	86624
Code or manufactured and mobile homes.	86625

(C) "New motor vehicle" means a motor vehicle, the legal	86626
title to which has never been transferred by a manufacturer,	86627
remanufacturer, distributor, or dealer to an ultimate purchaser.	86628

(D) "Ultimate purchaser" means, with respect to any new motor	86629
vehicle, the first person, other than a dealer purchasing in the	86630
capacity of a dealer, who in good faith purchases such new motor	86631
vehicle for purposes other than resale.	86632

(E) "Business" includes any activities engaged in by any	86633
person for the object of gain, benefit, or advantage either direct	86634
or indirect.	86635

(F) "Engaging in business" means commencing, conducting, or	86636
continuing in business, or liquidating a business when the	86637
liquidator thereof holds self out to be conducting such business;	86638
making a casual sale or otherwise making transfers in the ordinary	86639
course of business when the transfers are made in connection with	86640
the disposition of all or substantially all of the transferor's	86641
assets is not engaging in business.	86642

(G) "Retail sale" or "sale at retail" means the act or	86643
attempted act of selling, bartering, exchanging, or otherwise	86644
disposing of a motor vehicle to an ultimate purchaser for use as a	86645
consumer.	86646

(H) "Retail installment contract" includes any contract in	86647
the form of a note, chattel mortgage, conditional sales contract,	86648
lease, agreement, or other instrument payable in one or more	86649
installments over a period of time and arising out of the retail	86650
sale of a motor vehicle.	86651

(I) "Farm machinery" means all machines and tools used in the	86652
production, harvesting, and care of farm products.	86653

(J) "Dealer" or "motor vehicle dealer" means any new motor	86654
vehicle dealer, any motor vehicle leasing dealer, and any used	86655
motor vehicle dealer.	86656

(K) "New motor vehicle dealer" means any person engaged in	86657
the business of selling at retail, displaying, offering for sale,	86658
or dealing in new motor vehicles pursuant to a contract or	86659
agreement entered into with the manufacturer, remanufacturer, or	86660
distributor of the motor vehicles.	86661

(L) "Used motor vehicle dealer" means any person engaged in	86662
the business of selling, displaying, offering for sale, or dealing	86663
in used motor vehicles, at retail or wholesale, but does not mean	86664
any new motor vehicle dealer selling, displaying, offering for	86665
sale, or dealing in used motor vehicles incidentally to engaging	86666
in the business of selling, displaying, offering for sale, or	86667
dealing in new motor vehicles, any person engaged in the business	86668
of dismantling, salvaging, or rebuilding motor vehicles by means	86669
of using used parts, or any public officer performing official	86670
duties.	86671

(M) "Motor vehicle leasing dealer" means any person engaged	86672
in the business of regularly making available, offering to make	86673
available, or arranging for another person to use a motor vehicle	86674
pursuant to a bailment, lease, sublease, or other contractual	86675
arrangement under which a charge is made for its use at a periodic	86676
rate for a term of thirty days or more, and title to the motor	86677
vehicle is in and remains in the motor vehicle leasing dealer who	86678
originally leases it, irrespective of whether or not the motor	86679
vehicle is the subject of a later sublease, and not in the user,	86680
but does not mean a manufacturer or its affiliate leasing to its	86681
employees or to dealers.	86682

(N) "Salesperson" means any person employed by a dealer or	86683
~~manufactured home broker~~ to sell, display, and offer for sale, or	86684
deal in motor vehicles for a commission, compensation, or other	86685
valuable consideration, but does not mean any public officer	86686
performing official duties.	86687

(O) "Casual sale" means any transfer of a motor vehicle by a	86688
person other than a new motor vehicle dealer, used motor vehicle	86689
dealer, motor vehicle salvage dealer, as defined in division (A)	86690
of section 4738.01 of the Revised Code, salesperson, motor vehicle	86691
auction owner, manufacturer, or distributor acting in the capacity	86692
of a dealer, salesperson, auction owner, manufacturer, or	86693
distributor, to a person who purchases the motor vehicle for use	86694
as a consumer.	86695

(P) "Motor vehicle show" means a display of current models of	86696
motor vehicles whereby the primary purpose is the exhibition of	86697
competitive makes and models in order to provide the general	86698
public the opportunity to review and inspect various makes and	86699
models of motor vehicles at a single location.	86700

(Q) "Motor vehicle auction owner" means any person who is	86701
engaged wholly or in part in the business of auctioning motor	86702
vehicles, but does not mean a construction equipment auctioneer or	86703
a construction equipment auction licensee.	86704

(R) "Manufacturer" means a person who manufactures,	86705
assembles, or imports motor vehicles, including motor homes, but	86706
does not mean a person who only assembles or installs a body,	86707
special equipment unit, finishing trim, or accessories on a motor	86708
vehicle chassis supplied by a manufacturer or distributor.	86709

(S) "Tent-type fold-out camping trailer" means any vehicle	86710
intended to be used, when stationary, as a temporary shelter with	86711
living and sleeping facilities, and that is subject to the	86712
following properties and limitations:	86713

(1) A minimum of twenty-five per cent of the fold-out portion	86714
of the top and sidewalls combined must be constructed of canvas,	86715
vinyl, or other fabric, and form an integral part of the shelter.	86716

(2) When folded, the unit must not exceed:

86717

(a) Fifteen feet in length, exclusive of bumper and tongue;

86718

(b) Sixty inches in height from the point of contact with the	86719
ground;	86720

86721

(d) One ton gross weight at time of sale.

86722

(T) "Distributor" means any person authorized by a motor	86723
vehicle manufacturer to distribute new motor vehicles to licensed	86724
new motor vehicle dealers, but does not mean a person who only	86725
assembles or installs a body, special equipment unit, finishing	86726
trim, or accessories on a motor vehicle chassis supplied by a	86727
manufacturer or distributor.	86728

(U) "Flea market" means a market place, other than a dealer's	86729
location licensed under this chapter, where a space or location is	86730
provided for a fee or compensation to a seller to exhibit and	86731
offer for sale or trade, motor vehicles to the general public.	86732

(V) "Franchise" means any written agreement, contract, or	86733
understanding between any motor vehicle manufacturer or	86734
remanufacturer engaged in commerce and any motor vehicle dealer	86735
that purports to fix the legal rights and liabilities of the	86736
parties to such agreement, contract, or understanding.	86737

(W) "Franchisee" means a person who receives new motor	86738
vehicles from the franchisor under a franchise agreement and who	86739
offers, sells, and provides service for such new motor vehicles to	86740
the general public.	86741

(X) "Franchisor" means a new motor vehicle manufacturer,	86742
remanufacturer, or distributor who supplies new motor vehicles	86743
under a franchise agreement to a franchisee.	86744

(Y) "Dealer organization" means a state or local trade	86745
association the membership of which is comprised predominantly of	86746
new motor vehicle dealers.	86747

(Z) "Factory representative" means a representative employed	86748
by a manufacturer, remanufacturer, or by a factory branch	86749
primarily for the purpose of promoting the sale of its motor	86750
vehicles, parts, or accessories to dealers or for supervising or	86751
contacting its dealers or prospective dealers.	86752

(AA) "Administrative or executive management" means those	86753
individuals who are not subject to federal wage and hour laws.	86754

(BB) "Good faith" means honesty in the conduct or transaction	86755
concerned and the observance of reasonable commercial standards of	86756
fair dealing in the trade as is defined in section 1301.201 of the	86757
Revised Code, including, but not limited to, the duty to act in a	86758
fair and equitable manner so as to guarantee freedom from	86759
coercion, intimidation, or threats of coercion or intimidation;	86760
provided however, that recommendation, endorsement, exposition,	86761
persuasion, urging, or argument shall not be considered to	86762
constitute a lack of good faith.	86763

(CC) "Coerce" means to compel or attempt to compel by failing	86764
to act in good faith or by threat of economic harm, breach of	86765
contract, or other adverse consequences. Coerce does not mean to	86766
argue, urge, recommend, or persuade.	86767

(DD) "Relevant market area" means any area within a radius of	86768
ten miles from the site of a potential new dealership, except that	86769
for manufactured home or recreational vehicle dealerships the	86770
radius shall be twenty-five miles. The ten-mile radius shall be	86771
measured from the dealer's established place of business that is	86772
used exclusively for the purpose of selling, displaying, offering	86773
for sale, or dealing in motor vehicles.	86774

(EE) "Wholesale" or "at wholesale" means the act or attempted	86775
act of selling, bartering, exchanging, or otherwise disposing of a	86776
motor vehicle to a transferee for the purpose of resale and not	86777
for ultimate consumption by that transferee.	86778

(FF) "Motor vehicle wholesaler" means any person licensed as	86779
a dealer under the laws of another state and engaged in the	86780
business of selling, displaying, or offering for sale used motor	86781
vehicles, at wholesale, but does not mean any motor vehicle dealer	86782
as defined in this section.	86783

(GG)(1) "Remanufacturer" means a person who assembles or	86784
installs passenger seating, walls, a roof elevation, or a body	86785
extension on a conversion van with the motor vehicle chassis	86786
supplied by a manufacturer or distributor, a person who modifies a	86787
truck chassis supplied by a manufacturer or distributor for use as	86788
a public safety or public service vehicle, a person who modifies a	86789
motor vehicle chassis supplied by a manufacturer or distributor	86790
for use as a limousine or hearse, or a person who modifies an	86791
incomplete motor vehicle cab and chassis supplied by a new motor	86792
vehicle dealer or distributor for use as a tow truck, but does not	86793
mean either of the following:	86794

(a) A person who assembles or installs passenger seating, a	86795
roof elevation, or a body extension on a recreational vehicle as	86796
defined in division (Q) and referred to in division (B) of section	86797
4501.01 of the Revised Code;	86798

(b) A person who assembles or installs special equipment or	86799
accessories for handicapped persons, as defined in section 4503.44	86800
of the Revised Code, upon a motor vehicle chassis supplied by a	86801
manufacturer or distributor.	86802

(2) For the purposes of division (GG)(1) of this section,	86803
"public safety vehicle or public service vehicle" means a fire	86804
truck, ambulance, school bus, street sweeper, garbage packing	86805
truck, or cement mixer, or a mobile self-contained facility	86806
vehicle.	86807

(3) For the purposes of division (GG)(1) of this section,	86808
"limousine" means a motor vehicle, designed only for the purpose	86809
of carrying nine or fewer passengers, that a person modifies by	86810
cutting the original chassis, lengthening the wheelbase by forty	86811
inches or more, and reinforcing the chassis in such a way that all	86812
modifications comply with all applicable federal motor vehicle	86813
safety standards. No person shall qualify as or be deemed to be a	86814
remanufacturer who produces limousines unless the person has a	86815
written agreement with the manufacturer of the chassis the person	86816
utilizes to produce the limousines to complete properly the	86817
remanufacture of the chassis into limousines.	86818

(4) For the purposes of division (GG)(1) of this section,	86819
"hearse" means a motor vehicle, designed only for the purpose of	86820
transporting a single casket, that is equipped with a compartment	86821
designed specifically to carry a single casket that a person	86822
modifies by cutting the original chassis, lengthening the	86823
wheelbase by ten inches or more, and reinforcing the chassis in	86824
such a way that all modifications comply with all applicable	86825
federal motor vehicle safety standards. No person shall qualify as	86826
or be deemed to be a remanufacturer who produces hearses unless	86827
the person has a written agreement with the manufacturer of the	86828
chassis the person utilizes to produce the hearses to complete	86829
properly the remanufacture of the chassis into hearses.	86830

(5) For the purposes of division (GG)(1) of this section,	86831
"mobile self-contained facility vehicle" means a mobile classroom	86832
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,	86833
testing laboratory, and mobile display vehicle, each of which is	86834
designed for purposes other than for passenger transportation and	86835
other than the transportation or displacement of cargo, freight,	86836
materials, or merchandise. A vehicle is remanufactured into a	86837
mobile self-contained facility vehicle in part by the addition of	86838
insulation to the body shell, and installation of all of the	86839
following: a generator, electrical wiring, plumbing, holding	86840
tanks, doors, windows, cabinets, shelving, and heating,	86841
ventilating, and air conditioning systems.	86842

(6) For the purposes of division (GG)(1) of this section,	86843
"tow truck" means both of the following:	86844

(a) An incomplete cab and chassis that are purchased by a	86845
remanufacturer from a new motor vehicle dealer or distributor of	86846
the cab and chassis and on which the remanufacturer then installs	86847
in a permanent manner a wrecker body it purchases from a	86848
manufacturer or distributor of wrecker bodies, installs an	86849
emergency flashing light pylon and emergency lights upon the mast	86850
of the wrecker body or rooftop, and installs such other related	86851
accessories and equipment, including push bumpers, front grille	86852
guards with pads and other custom-ordered items such as painting,	86853
special lettering, and safety striping so as to create a complete	86854
motor vehicle capable of lifting and towing another motor vehicle.	86855

(b) An incomplete cab and chassis that are purchased by a	86856
remanufacturer from a new motor vehicle dealer or distributor of	86857
the cab and chassis and on which the remanufacturer then installs	86858
in a permanent manner a car carrier body it purchases from a	86859
manufacturer or distributor of car carrier bodies, installs an	86860
emergency flashing light pylon and emergency lights upon the	86861
rooftop, and installs such other related accessories and	86862
equipment, including push bumpers, front grille guards with pads	86863
and other custom-ordered items such as painting, special	86864
lettering, and safety striping.	86865

As used in division (GG)(6)(b) of this section, "car carrier	86866
body" means a mechanical or hydraulic apparatus capable of lifting	86867
and holding a motor vehicle on a flat level surface so that one or	86868
more motor vehicles can be transported, once the car carrier is	86869
permanently installed upon an incomplete cab and chassis.	86870

(HH) "Operating as a new motor vehicle dealership" means	86871
engaging in activities such as displaying, offering for sale, and	86872
selling new motor vehicles at retail, operating a service facility	86873
to perform repairs and maintenance on motor vehicles, offering for	86874
sale and selling motor vehicle parts at retail, and conducting all	86875
other acts that are usual and customary to the operation of a new	86876
motor vehicle dealership. For the purposes of this chapter only,	86877
possession of either a valid new motor vehicle dealer franchise	86878
agreement or a new motor vehicle dealers license, or both of these	86879
items, is not evidence that a person is operating as a new motor	86880
vehicle dealership.	86881

(II) "Outdoor power equipment" means garden and small utility	86882
tractors, walk-behind and riding mowers, chainsaws, and tillers.	86883

(JJ) "Remote service facility" means premises that are	86884
separate from a licensed new motor vehicle dealer's sales facility	86885
by not more than one mile and that are used by the dealer to	86886
perform repairs, warranty work, recall work, and maintenance on	86887
motor vehicles pursuant to a franchise agreement entered into with	86888
a manufacturer of motor vehicles. A remote service facility shall	86889
be deemed to be part of the franchise agreement and is subject to	86890
all the rights, duties, obligations, and requirements of Chapter	86891
4517. of the Revised Code that relate to the performance of motor	86892
vehicle repairs, warranty work, recall work, and maintenance work	86893
by new motor vehicle dealers.	86894

(KK) "Recreational vehicle" has the same meaning as in	86895
section 4501.01 of the Revised Code.	86896

(LL) "Construction equipment auctioneer" means a person who	86897
holds both a valid ~~auctioneer's~~auction firm license issued under	86898
Chapter 4707. of the Revised Code and a valid construction	86899
equipment auction license issued under this chapter.	86900

(MM) "Large construction or transportation equipment" means	86901
vehicles having a gross vehicle weight rating of more than ten	86902
thousand pounds and includes road rollers, traction engines, power	86903
shovels, power cranes, commercial cars and trucks, or farm trucks,	86904
and other similar vehicles obtained primarily from the	86905
construction, mining, transportation or farming industries.	86906

Sec. 4517.02. (A) Except as otherwise provided in this	86907
section, no person shall do any of the following:	86908

(1) Engage in the business of displaying or selling at retail	86909
new motor vehicles or assume to engage in that business, unless	86910
the person is licensed as a new motor vehicle dealer under	86911
sections 4517.01 to 4517.45 of the Revised Code, or is a	86912
salesperson licensed under those sections and employed by a	86913
licensed new motor vehicle dealer;	86914

(2) Engage in the business of offering for sale, displaying	86915
for sale, or selling at retail or wholesale used motor vehicles or	86916
assume to engage in that business, unless the person is licensed	86917
as a dealer under sections 4517.01 to 4517.45 of the Revised Code,	86918
is a salesperson licensed under those sections and employed by a	86919
licensed used motor vehicle dealer or licensed new motor vehicle	86920
dealer, or the person holds a construction equipment auction	86921
license issued under section 4517.17 of the Revised Code;	86922

(3) Engage in the business of regularly making available,	86923
offering to make available, or arranging for another person to use	86924
a motor vehicle, in the manner described in division (M) of	86925
section 4517.01 of the Revised Code, unless the person is licensed	86926
as a motor vehicle leasing dealer under sections 4517.01 to	86927
4517.45 of the Revised Code;	86928

(4) Engage in the business of motor vehicle auctioning or	86929
assume to engage in that business, unless the person is licensed	86930
as a motor vehicle auction owner under sections 4517.01 to 4517.45	86931
of the Revised Code and the person uses an auctioneer who is	86932
licensed under Chapter 4707. of the Revised Code to conduct the	86933
motor vehicle auctions or the person holds a construction	86934
equipment auction license issued under section 4517.17 of the	86935
Revised Code;	86936

(5) Engage in the business of distributing motor vehicles or	86937
assume to engage in that business, unless the person is licensed	86938
as a distributor under sections 4517.01 to 4517.45 of the Revised	86939
Code;	86940

(6) Make more than five casual sales of motor vehicles in a	86941
twelve-month period, commencing with the day of the month in which	86942
the first such sale is made, nor provide a location or space for	86943
the sale of motor vehicles at a flea market, without obtaining a	86944
license as a dealer under sections 4517.01 to 4517.45 of the	86945
Revised Code, provided that nothing in this section shall be	86946
construed to prohibit the disposition without a license of a motor	86947
vehicle originally acquired and held for purposes other than sale,	86948
rental, or lease to an employee, retiree, officer, or director of	86949
the person making the disposition, to a corporation affiliated	86950
with the person making the disposition, or to a person licensed	86951
under sections 4517.01 to 4517.45 of the Revised Code;	86952

(7) Engage in the business of auctioning both large	86953
construction or transportation equipment and also motor vehicles	86954
incident thereto, unless the person is a construction equipment	86955
auctioneer or the person is licensed as a motor vehicle auction	86956
owner and the person uses an auctioneer who is licensed under	86957
Chapter 4707. of the Revised Code to conduct the auction.	86958

(B) Nothing in this section shall be construed to require an	86959
auctioneer licensed under sections 4707.01 to 4707.19 of the	86960
Revised Code, to obtain a motor vehicle salesperson's license	86961
under sections 4517.01 to 4517.45 of the Revised Code when	86962
conducting an auction sale for a licensed motor vehicle dealer on	86963
the dealer's premises, or when conducting an auction sale for a	86964
licensed motor vehicle auction owner; nor shall such an auctioneer	86965
be required to obtain a motor vehicle auction owner's license	86966
under sections 4517.01 to 4517.45 of the Revised Code when engaged	86967
in auctioning for a licensed motor vehicle auction owner.	86968

The establishment of a construction equipment auction license	86969
by Am. Sub. H.B. 114 of the 129th general assembly shall not in	86970
any way modify, limit, or restrict in any manner the conduct of	86971
auctions by persons licensed under Chapter 4707. of the Revised	86972
Code who are acting in compliance with that chapter.	86973

(C) Sections 4517.01 to 4517.45 of the Revised Code do not	86974
apply to any of the following:	86975

(1) Persons engaging in the business of selling commercial	86976
tractors, trailers, or semitrailers incidentally to engaging	86977
primarily in business other than the selling or leasing of motor	86978
vehicles;	86979

(2) Mortgagees selling at retail only those motor vehicles	86980
that have come into their possession by a default in the terms of	86981
a mortgage contract;	86982

(3) The leasing, rental, and interchange of motor vehicles	86983
used directly in the rendition of a public utility service by	86984
regulated motor carriers.	86985

(D) When a partnership licensed under sections 4517.01 to	86986
4517.45 of the Revised Code is dissolved by death, the surviving	86987
partners may operate under the license for a period of sixty days,	86988
and the heirs or representatives of deceased persons and receivers	86989
or trustees in bankruptcy appointed by any competent authority may	86990
operate under the license of the person succeeded in possession by	86991
that heir, representative, receiver, or trustee in bankruptcy.	86992

(E) No remanufacturer shall engage in the business of selling	86993
at retail any new motor vehicle without having written authority	86994
from the manufacturer or distributor of the vehicle to sell new	86995
motor vehicles and to perform repairs under the terms of the	86996
manufacturer's or distributor's new motor vehicle warranty,	86997
unless, at the time of the sale of the vehicle, each customer is	86998
furnished with a binding agreement ensuring that the customer has	86999
the right to have the vehicle serviced or repaired by a new motor	87000
vehicle dealer who is franchised to sell and service vehicles of	87001
the same line-make as the chassis of the remanufactured vehicle	87002
purchased by the customer and whose service or repair facility is	87003
located within either twenty miles of the remanufacturer's	87004
location and place of business or twenty miles of the customer's	87005
residence or place of business. If there is no such new motor	87006
vehicle dealer located within twenty miles of the remanufacturer's	87007
location and place of business or the customer's residence or	87008
place of business, the binding agreement furnished to the customer	87009
may be with the new motor vehicle dealer who is franchised to sell	87010
and service vehicles of the same line-make as the chassis of the	87011
remanufactured vehicle purchased by the customer and whose service	87012
or repair facility is located nearest to the remanufacturer's	87013
location and place of business or the customer's residence or	87014
place of business. Additionally, at the time of sale of any	87015
vehicle, each customer of the remanufacturer shall be furnished	87016
with a warranty issued by the remanufacturer for a term of at	87017
least one year.	87018

(F) Except as otherwise provided in this division, whoever	87019
violates this section is guilty of a minor misdemeanor and shall	87020
be subject to a mandatory fine of one hundred dollars. If the	87021
offender previously has been convicted of or pleaded guilty to a	87022
violation of this section, whoever violates this section is guilty	87023
of a misdemeanor of the first degree and shall be subject to a	87024
mandatory fine of one thousand dollars.	87025

Sec. 4517.04. Each person applying for a new motor vehicle	87026
dealer's license shall ~~annually~~biennially make out and deliver to	87027
the registrar of motor vehicles, before the first day of April,	87028
and upon a blank to be furnished by the registrar for that	87029
purpose, a separate application for license for each county in	87030
which the business of selling new motor vehicles is to be	87031
conducted. The application shall be in the form prescribed by the	87032
registrar, shall be signed and sworn to by the applicant, and, in	87033
addition to any other information required by the registrar, shall	87034
include the following:	87035

(A) Name of applicant and location of principal place of	87036
business;	87037

(B) Name or style under which business is to be conducted	87038
and, if a corporation, the state of incorporation;	87039

(C) Name and address of each owner or partner and, if a	87040
corporation, the names of the officers and directors;	87041

(D) The county in which the business is to be conducted and	87042
the address of each place of business therein;	87043

(E) A statement of the previous history, record, and	87044
association of the applicant and of each owner, partner, officer,	87045
and director, that shall be sufficient to establish to the	87046
satisfaction of the registrar the reputation in business of the	87047
applicant;	87048

(F) A statement showing whether the applicant has previously	87049
applied for a motor vehicle dealer's license, motor vehicle	87050
leasing dealer's license, ~~manufactured home broker's license,~~	87051
distributor's license, motor vehicle auction owner's license, or	87052
motor vehicle salesperson's license, and the result of the	87053
application, and whether the applicant has ever been the holder of	87054
any such license that was revoked or suspended;	87055

(G) If the applicant is a corporation or partnership, a	87056
statement showing whether any partner, employee, officer, or	87057
director has been refused a motor vehicle dealer's license, motor	87058
vehicle leasing dealer's license, ~~manufactured home broker's~~	87059
~~license,~~ distributor's license, motor vehicle auction owner's	87060
license, or motor vehicle salesperson's license, or has been the	87061
holder of any such license that was revoked or suspended;	87062

(H) A statement of the makes of new motor vehicles to be	87063
handled.	87064

The statement required by division (E) of this section shall	87065
indicate whether the applicant or, if applicable, any of the	87066
applicant's owners, partners, officers, or directors,	87067
individually, or as owner, partner, officer, or director of a	87068
business entity, has been convicted of, pleaded guilty, or pleaded	87069
no contest, in a criminal action, or had a judgment rendered	87070
against ~~him~~the person in a civil action for, a violation of	87071
sections 4549.41 to 4549.46 of the Revised Code, of any	87072
substantively comparable provisions of the law of any other state,	87073
or of subchapter IV of the "Motor Vehicle Information and Cost	87074
Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	87075

A true copy of the contract, agreement, or understanding the	87076
applicant has entered into or is about to enter into with the	87077
manufacturer or distributor of the new motor vehicles the	87078
applicant will handle shall be filed with the application. If the	87079
contract, agreement, or understanding is not in writing, a written	87080
statement of all the terms thereof shall be filed. Each such copy	87081
or statement shall bear a certificate signed by each party to the	87082
contract, agreement, or understanding, to the effect that the copy	87083
or statement is true and complete and contains all of the	87084
agreements made or about to be made between the parties.	87085

The application also shall be accompanied by a photograph, as	87086
prescribed by the registrar, of each place of business operated,	87087
or to be operated, by the applicant.	87088

Sec. 4517.09. Each person applying for a salesperson's	87089
license shall ~~annually~~biennially make out and deliver to the	87090
registrar of motor vehicles, before the first day of July and upon	87091
a blank to be furnished by the registrar for that purpose, an	87092
application for license. The application shall be in the form	87093
prescribed by the registrar, shall be signed and sworn to by the	87094
applicant, and, in addition to any other information required by	87095
the registrar, shall include the following:	87096

(A) Name and post-office address of the applicant;

87097

(B) Name and post-office address of the motor vehicle dealer	87098
~~or manufactured home broker~~ for whom the applicant intends to act	87099
as salesperson;	87100

(C) A statement of the applicant's previous history, record,	87101
and association, that shall be sufficient to establish to the	87102
satisfaction of the registrar the applicant's reputation in	87103
business;	87104

(D) A statement as to whether the applicant intends to engage	87105
in any occupation or business other than that of a motor vehicle	87106
salesperson;	87107

(E) A statement as to whether the applicant has ever had any	87108
previous application refused, and whether the applicant has	87109
previously had a license revoked or suspended;	87110

(F) A statement as to whether the applicant was an employee	87111
of or salesperson for a dealer ~~or manufactured home broker~~ whose	87112
license was suspended or revoked;	87113

(G) A statement of the motor vehicle dealer ~~or manufactured~~	87114
~~home broker~~ named therein, designating the applicant as the	87115
dealer's ~~or broker's~~ salesperson.	87116

The statement required by division (C) of this section shall	87117
indicate whether the applicant individually, or as an owner,	87118
partner, officer, or director of a business entity, has been	87119
convicted of, or pleaded guilty to, in a criminal action, or had a	87120
judgment rendered against the applicant in a civil action for, a	87121
violation of sections 4549.41 to 4549.46 of the Revised Code, of	87122
any substantively comparable provisions of the law of any other	87123
state, or of subchapter IV of the "Motor Vehicle Information and	87124
Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	87125

Sec. 4517.10. At the time the registrar of motor vehicles	87126
grants the application of any person for a license as motor	87127
vehicle dealer, motor vehicle leasing dealer, ~~manufactured home~~	87128
~~broker,~~ distributor, motor vehicle auction owner, or motor vehicle	87129
salesperson, the registrar shall issue to the person a license.	87130
The registrar shall prescribe different forms for the licenses of	87131
motor vehicle dealers, motor vehicle leasing dealers, ~~manufactured~~	87132
~~home brokers,~~ distributors, motor vehicle auction owners, and	87133
motor vehicle salespersons, and all licenses shall include the	87134
name and post-office address of the person licensed.	87135

The fee for a motor vehicle dealer's license,and a motor	87136
vehicle leasing dealer's license~~, and a manufactured home broker's~~	87137
~~license~~ shall be fifty dollars~~, and the~~. In addition to the	87138
license fee, the registrar shall collect from each applicant for	87139
an initial motor vehicle dealer's license and motor vehicle	87140
leasing dealer's license a separate fee in an amount equal to the	87141
last assessment required by section 4505.181 of the Revised Code	87142
for all motor vehicle dealers and motor vehicle leasing dealers.	87143
The registrar shall deposit the separate fee into the state	87144
treasury to the credit of the title defect rescision fund created	87145
in section 1345.52 of the Revised Code. The fee for a	87146
salesperson's license shall be ten dollars. The fee for a motor	87147
vehicle auction owner's license shall be one hundred dollars for	87148
each location. The fee for a distributor's license shall be one	87149
hundred dollars for each distributorship. In all cases, the fee	87150
shall accompany the application for license.	87151

The registrar may require each applicant for a license issued	87152
under this chapter to pay an additional fee, which shall be used	87153
by the registrar to pay the costs of obtaining a record of any	87154
arrests and convictions of the applicant from the Ohio bureau of	87155
identification and investigation. The amount of the fee shall be	87156
equal to that paid by the registrar to obtain such record.	87157

If a motor vehicle dealer,or a motor vehicle leasing dealer,	87158
~~or a manufactured home broker,~~ has more than one place of business	87159
in the county, the dealer ~~or the broker~~ shall make application, in	87160
such form as the registrar prescribes, for a certified copy of the	87161
license issued to the dealer ~~or manufactured home broker~~ for each	87162
place of business operated. In the event of the loss, mutilation,	87163
or destruction of a license issued under sections 4517.01 to	87164
4517.65 of the Revised Code, any licensee may make application to	87165
the registrar, in such form as the registrar prescribes, for a	87166
duplicate copy thereof. The fee for a certified or duplicate copy	87167
of a motor vehicle dealer's, motor vehicle leasing dealer's,	87168
~~manufactured home broker's,~~ distributor's, or auction owner's	87169
license, is two dollars, and the fee for a duplicate copy of a	87170
salesperson's license is one dollar. All fees for such copies	87171
shall accompany the applications.	87172

Beginning on ~~the effective date of this amendment~~September	87173
16, 2004, all motor vehicle dealers' licenses, motor vehicle	87174
leasing dealers' licenses, ~~manufactured home broker's licenses,~~	87175
distributors' licenses, auction owners' licenses, and all	87176
salespersons' licenses issued or renewed shall expire biennially	87177
on a day within the two-year cycle that is prescribed by the	87178
registrar, unless sooner suspended or revoked. Before the first	87179
day after the day prescribed by the registrar in the year that the	87180
license expires, each licensed motor vehicle dealer, motor vehicle	87181
leasing dealer, ~~manufactured home broker,~~ distributor, and auction	87182
owner and each licensed salesperson, in the year in which the	87183
license will expire, shall file an application, in such form as	87184
the registrar prescribes, for the renewal of such license. The fee	87185
~~provided in this section~~ for ~~the original~~renewing a motor	87186
vehicle dealer's license and a motor vehicle leasing dealer's	87187
license shall be fifty dollars. The fee for renewing a	87188
salesperson's license shall be ten dollars. The fee for renewing a	87189
motor vehicle auction owner's license shall be one hundred dollars	87190
for each location. The fee for renewing a distributor's license	87191
shall be one hundred dollars for each distributorship. In all	87192
cases the license renewal fee shall accompany the renewal	87193
application.	87194

Any salesperson's license shall be suspended upon the	87195
termination, suspension, or revocation of the license of the motor	87196
vehicle dealer ~~or manufactured home broker~~ for whom the	87197
salesperson is acting, or upon the salesperson leaving the service	87198
of the motor vehicle dealer ~~or manufactured home broker~~; provided	87199
that upon the termination, suspension, or revocation of the	87200
license of the motor vehicle dealer ~~or manufactured home broker~~	87201
for whom the salesperson is acting, or upon the salesperson	87202
leaving the service of a licensed motor vehicle dealer or	87203
~~manufactured home broker~~, the licensed salesperson, upon entering	87204
the service of any other licensed motor vehicle dealer or	87205
~~manufactured home broker~~, shall make application to the registrar,	87206
in such form as the registrar prescribes, to have the	87207
salesperson's license reinstated, transferred, and registered as a	87208
salesperson for the other dealer ~~or broker~~. If the information	87209
contained in the application is satisfactory to the registrar, the	87210
registrar shall have the salesperson's license reinstated,	87211
transferred, and registered as a salesperson for the other dealer	87212
~~or broker~~. The fee for the reinstatement and transfer of license	87213
shall be two dollars. No license issued to a motor vehicle dealer,	87214
motor vehicle leasing dealer, auction owner, ~~manufactured home~~	87215
~~broker,~~ or salesperson, under sections 4517.01 to 4517.65 of the	87216
Revised Code shall be transferable to any other person.	87217

Each motor vehicle dealer, motor vehicle leasing dealer,	87218
~~manufactured home broker,~~ distributor, and auction owner shall	87219
keep the license or a certified copy thereof and, in the case of a	87220
dealer ~~or broker~~, a current list of the dealer's ~~or the broker's~~	87221
licensed salespersons, showing the names, addresses, and serial	87222
numbers of their licenses, posted in a conspicuous place in each	87223
place of business. Each salesperson shall carry the salesperson's	87224
license or a certified copy thereof and shall exhibit such license	87225
or copy upon demand to any inspector of the bureau of motor	87226
vehicles, state highway patrol trooper, police officer, or person	87227
with whom the salesperson seeks to transact business as a motor	87228
vehicle salesperson.	87229

The notice of refusal to grant a license shall disclose the	87230
reason for refusal.	87231

Sec. 4517.12. (A) The registrar of motor vehicles shall deny	87232
the application of any person for a license as a motor vehicle	87233
dealer, motor vehicle leasing dealer, ~~manufactured home broker,~~ or	87234
motor vehicle auction owner and refuse to issue the license if the	87235
registrar finds that the applicant:	87236

(1) Has made any false statement of a material fact in the	87237
application;	87238

(2) Has not complied with sections 4517.01 to 4517.45 of the	87239
Revised Code;	87240

(3) Is of bad business repute or has habitually defaulted on	87241
financial obligations;	87242

(4) Is engaged or will engage in the business of selling at	87243
retail any new motor vehicles without having written authority	87244
from the manufacturer or distributor thereof to sell new motor	87245
vehicles and to perform repairs under the terms of the	87246
manufacturer's or distributor's new motor vehicle warranty, except	87247
as provided in division (C) of this section and except that a	87248
person who assembles or installs special equipment or accessories	87249
for handicapped persons, as defined in section 4503.44 of the	87250
Revised Code, upon a motor vehicle chassis supplied by a	87251
manufacturer or distributor shall not be denied a license pursuant	87252
to division (A)(4) of this section;	87253

(5) Has been guilty of a fraudulent act in connection with	87254
selling or otherwise dealing in, or leasing, motor vehicles, or in	87255
connection with brokering manufactured homes;	87256

(6) Has entered into or is about to enter into a contract or	87257
agreement with a manufacturer or distributor of motor vehicles	87258
that is contrary to sections 4517.01 to 4517.45 of the Revised	87259
Code;	87260

(7) Is insolvent;

87261

(8) Is of insufficient responsibility to ensure the prompt	87262
payment of any final judgments that might reasonably be entered	87263
against the applicant because of the transaction of business as a	87264
motor vehicle dealer, motor vehicle leasing dealer, ~~manufactured~~	87265
~~home broker,~~ or motor vehicle auction owner during the period of	87266
the license applied for, or has failed to satisfy any such	87267
judgment;	87268

(9) Has no established place of business that, where	87269
applicable, is used or will be used for the purpose of selling,	87270
displaying, offering for sale, dealing in, or leasing motor	87271
vehicles at the location for which application is made;	87272

(10) Has, less than twelve months prior to making	87273
application, been denied a motor vehicle dealer's, motor vehicle	87274
leasing dealer's, ~~manufactured home broker's,~~ or motor vehicle	87275
auction owner's license, or has any such license revoked.	87276

(B) If the applicant is a corporation or partnership, the	87277
registrar may refuse to issue a license if any officer, director,	87278
or partner of the applicant has been guilty of any act or omission	87279
that would be cause for refusing or revoking a license issued to	87280
such officer, director, or partner as an individual. The	87281
registrar's finding may be based upon facts contained in the	87282
application or upon any other information the registrar may have.	87283
Immediately upon denying an application for any of the reasons in	87284
this section, the registrar shall enter a final order together	87285
with the registrar's findings and certify the same to the motor	87286
vehicle dealers' and salespersons' licensing board.	87287

(C) Notwithstanding division (A)(4) of this section, the	87288
registrar shall not deny the application of any person and refuse	87289
to issue a license if the registrar finds that the applicant is	87290
engaged or will engage in the business of selling at retail any	87291
new motor vehicles and demonstrates all of the following in the	87292
form prescribed by the registrar:	87293

(1) That the applicant has posted a bond, surety, or	87294
certificate of deposit with the registrar in an amount not less	87295
than one hundred thousand dollars for the protection and benefit	87296
of the applicant's customers except that a new motor vehicle	87297
dealer who is not exclusively engaged in the business of selling	87298
remanufactured vehicles shall not be required to post the bond,	87299
surety, or certificate of deposit otherwise required by division	87300
(C)(1) of this section;	87301

(2) ~~That, at the time of the sale of the vehicle, each~~	87302
~~customer of the applicant will be furnished with a binding~~	87303
~~agreement ensuring that the customer has the right to have the~~	87304
~~vehicle serviced or repaired by a new motor vehicle dealer who is~~	87305
~~licensed to sell and service vehicles of the same line-make as the~~	87306
~~chassis of the remanufactured vehicle purchased by the customer~~	87307
~~and whose service or repair facility is located within either~~	87308
~~twenty miles of the applicant's location and place of business or~~	87309
~~twenty miles of the customer's residence or place of business. If~~	87310
~~there is no such new motor vehicle dealer located within twenty~~	87311
~~miles of the applicant's location and place of business or the~~	87312
~~customer's residence or place of business, the binding agreement~~	87313
~~furnished to the customer may be with the new motor vehicle dealer~~	87314
~~who is franchised to sell and service vehicles of the same~~	87315
~~line-make as the chassis of the remanufactured vehicle purchased~~	87316
~~by the customer and whose service or repair facility is located~~	87317
~~nearest to the remanufacturer's location and place of business or~~	87318
~~the customer's residence or place of business.~~	87319

~~(3)~~ That, at the time of the sale of the vehicle, each	87320
customer of the applicant will be furnished with a warranty issued	87321
by the remanufacturer for a term of at least one year;	87322

~~(4)~~(3) That the applicant provides and maintains at the	87323
applicant's location and place of business a permanent facility	87324
with all of the following:	87325

(a) A showroom with space, under roof, for the display of at	87326
least one new motor vehicle;	87327

(b) A service and parts facility for remanufactured vehicles;

87328

(c) Full-time service and parts personnel with the proper	87329
training and technical expertise to service the remanufactured	87330
vehicles sold by the applicant.	87331

Sec. 4517.13. The registrar of motor vehicles shall deny the	87332
application of any person for a license as a distributor and	87333
refuse to issue the license if the registrar finds that the	87334
applicant:	87335

(A) Has made any false statement of a material fact in the	87336
application;	87337

(B) Has not complied with sections 4517.01 to 4517.45 of the	87338
Revised Code;	87339

(C) Is of bad business repute or has habitually defaulted on	87340
financial obligations;	87341

(D) Is engaged or will engage in the business of distributing	87342
any new motor vehicle without having the authority of a contract	87343
with the manufacturer of the vehicle;	87344

(E) Has been guilty of a fraudulent act in connection with	87345
selling or otherwise dealing in motor vehicles;	87346

(F) Has entered into or is about to enter into a contract or	87347
agreement with a manufacturer of motor vehicles that is contrary	87348
to sections 4517.01 to 4517.45 of the Revised Code;	87349

(G) Is insolvent;

87350

(H) Is of insufficient responsibility to ensure the prompt	87351
payment of any financial judgment that might reasonably be entered	87352
against the applicant because of the transaction of business as a	87353
distributor during the period of the license applied for, or has	87354
failed to satisfy any such judgment;	87355

(I) Has no established place of business that, where	87356
applicable, is used or will be used exclusively for the purpose of	87357
distributing new motor vehicles at the location for which	87358
application is made;	87359

(J) Has, less than twelve months prior to making application,	87360
been denied a distributor's, motor vehicle dealer's, motor vehicle	87361
leasing dealer's, ~~manufactured home broker's,~~ or motor vehicle	87362
auction owner's license, or had any such license revoked.	87363

If the applicant is a corporation or partnership, the	87364
registrar may refuse to issue a license if any officer, director,	87365
employee, or partner of the applicant has been guilty of any act	87366
or omission that would be cause for refusing or revoking a license	87367
issued to such officer, director, employee, or partner as an	87368
individual. The registrar's finding may be based upon facts	87369
contained in the application or upon any other information the	87370
registrar may have. Immediately upon denying an application for	87371
any of the reasons in this section, the registrar shall enter a	87372
final order together with the registrar's findings and certify the	87373
same to the motor vehicle dealers board.	87374

Sec. 4517.14. The registrar of motor vehicles shall deny the	87375
application of any person for a license as a salesperson and	87376
refuse to issue the license if the registrar finds that the	87377
applicant:	87378

(A) Has made any false statement of a material fact in the	87379
application;	87380

(B) Has not complied with sections 4517.01 to 4517.45 of the	87381
Revised Code;	87382

(C) Is of bad business repute or has habitually defaulted on	87383
financial obligations;	87384

(D) Has been guilty of a fraudulent act in connection with	87385
selling or otherwise dealing in motor vehicles;	87386

(E) Has not been designated to act as salesperson for a motor	87387
vehicle dealer ~~or manufactured home broker~~ licensed to do business	87388
in this state under section 4517.10 of the Revised Code, or	87389
intends to act as salesperson for more than one licensed motor	87390
vehicle dealer ~~or manufactured home broker~~ at the same time,	87391
except that a licensed salesperson may act as a salesperson at any	87392
licensed dealership owned or operated by the same ~~corporation~~	87393
company, regardless of the county in which the dealership's	87394
facility is located;	87395

(F) Holds a current motor vehicle dealer's ~~or manufactured~~	87396
~~home broker's~~ license issued under section 4517.10 of the Revised	87397
Code, and intends to act as salesperson for another licensed motor	87398
vehicle dealer ~~or manufactured home broker~~;	87399

(G) Has, less than twelve months prior to making application,	87400
been denied a salesperson's license or had a salesperson's license	87401
revoked.	87402

The registrar may refuse to issue a salesperson's license to	87403
an applicant who was salesperson for, or in the employ of, a motor	87404
vehicle dealer ~~or manufactured home broker~~ at the time the	87405
dealer's ~~or broker's~~ license was revoked. The registrar's finding	87406
may be based upon any statement contained in the application or	87407
upon any facts within the registrar's knowledge, and, immediately	87408
upon refusing to issue a salesperson's license, the registrar	87409
shall enter a final order and shall certify the final order	87410
together with his findings to the motor vehicle dealers board.	87411

Sec. 4517.23. (A) Any licensed motor vehicle dealer, motor	87412
vehicle leasing dealer, ~~manufactured home broker,~~ or distributor	87413
shall notify the registrar of motor vehicles concerning any change	87414
in status as a dealer, motor vehicle leasing dealer, ~~manufactured~~	87415
~~home broker,~~ or distributor during the period for which the	87416
dealer, ~~broker,~~ or distributor is licensed, if the change of	87417
status concerns any of the following:	87418

(1) Personnel of owners, partners, officers, or directors;

87419

(2) Location of office or principal place of business;

87420

(3) In the case of a motor vehicle dealer, any contract or	87421
agreement with any manufacturer or distributor; and in the case of	87422
a distributor, any contract or agreement with any manufacturer.	87423

(B) The notification required by division (A) of this section	87424
shall be made by filing with the registrar, within fifteen days	87425
after the change of status, a supplemental statement in a form	87426
prescribed by the registrar showing in what respect the status has	87427
been changed. If the change involves a change in any contract or	87428
agreement between any manufacturer or distributor, and dealer, or	87429
any manufacturer and distributor, the supplemental statement shall	87430
be accompanied by such copies of contracts, statements, and	87431
certificates as would have been required by sections 4517.01 to	87432
4517.45 of the Revised Code if the change had occurred prior to	87433
the licensee's application for license.	87434

The motor vehicle dealers board may adopt a rule exempting	87435
from the notification requirement of division (A)(1) of this	87436
section any dealer if stock in the dealer or its parent company is	87437
publicly traded and if there are public records with state or	87438
federal agencies that provide the information required by division	87439
(A)(1) of this section.	87440

(C) Whoever violates this section is guilty of a misdemeanor	87441
of the fourth degree.	87442

Sec. 4517.24. (A) No two motor vehicle dealers shall engage	87443
in business at the same location, unless they agree to be jointly,	87444
severally, and personally liable for any liability arising from	87445
their engaging in business at the same location. The agreement	87446
shall be filed with the motor vehicle dealers board, and shall	87447
also be made a part of the articles of incorporation of each such	87448
dealer filed with the secretary of state. Whenever the board has	87449
reason to believe that a dealer who has entered into such an	87450
agreement has revoked the agreement but continues to engage in	87451
business at the same location, the board shall revoke the dealer's	87452
license.	87453

(B) ~~This section does not apply to two or more motor vehicle~~	87454
~~dealers engaged in the business of selling new or used~~	87455
~~manufactured or mobile homes in the same manufactured home park.~~	87456

~~(C)~~ Whoever violates this section is guilty of a misdemeanor	87457
of the fourth degree.	87458

Sec. 4517.44. (A) No manufacturer or distributor of motor	87459
vehicles, dealer in motor vehicles, ~~or manufactured home broker,~~	87460
nor any owner, proprietor, person in control, or keeper of any	87461
garage, stable, shop, or other place of business, shall fail to	87462
keep or cause to be kept any record required by law.	87463

(B) Whoever violates this section is guilty of a minor	87464
misdemeanor.	87465

Sec. 4549.17. (A) No law enforcement officer employed by a	87466
law enforcement agency of a municipal corporation, township, or	87467
joint ~~township~~ police district shall issue any citation, summons,	87468
or ticket for a violation of section 4511.21 of the Revised Code	87469
or a substantially similar municipal ordinance or for a violation	87470
of section 5577.04 of the Revised Code or a substantially similar	87471
municipal ordinance, if all of the following apply:	87472

(1) The citation, summons, or ticket would be issued for a	87473
violation described in division (A) of this section that occurs on	87474
a freeway that is part of the interstate system;	87475

(2) The municipal corporation, township, or joint ~~township~~	87476
police district that employs the law enforcement officer has less	87477
than eight hundred eighty yards of the freeway that is part of the	87478
interstate system within its jurisdiction;	87479

(3) The law enforcement officer must travel outside the	87480
boundaries of the municipal corporation, township, or joint	87481
~~township~~ police district that employs ~~him~~the officer in order to	87482
enter onto the freeway;	87483

(4) The law enforcement officer travels onto the freeway for	87484
the primary purpose of issuing citations, summonses, or tickets	87485
for violations of section 4511.21 of the Revised Code or a	87486
substantially similar municipal ordinance or for violations of	87487
section 5577.04 of the Revised Code or a substantially similar	87488
municipal ordinance.	87489

(B) As used in this section, "interstate system" has the same	87490
meaning as in section 5516.01 of the Revised Code.	87491

Sec. 4582.12. (A)(1) Except as otherwise provided in	87492
division (E) of section 307.671 of the Revised Code, division (A)	87493
of this section does not apply to a port authority educational and	87494
cultural facility acquired, constructed, and equipped pursuant to	87495
a cooperative agreement entered into under section 307.671 of the	87496
Revised Code.	87497

(2)(a) Except as provided in division (C) of this section or	87498
except when the port authority elects to construct a building,	87499
structure, or other improvement pursuant to a contract made with a	87500
construction manager at risk under sections 9.33 to 9.335 of the	87501
Revised Code or with a design-build firm under sections 153.65 to	87502
153.73 of the Revised Code, when the cost of a contract for the	87503
construction of any building, structure, or other improvement	87504
undertaken by a port authority involves an expenditure exceeding	87505
the higher of one hundred thousand dollars or the amount as	87506
adjusted under division (A)(2)(b) of this section and the port	87507
authority is the contracting entity, the port authority shall make	87508
a written contract after notice calling for bids for the award of	87509
the contract has been given by publication twice, with at least	87510
seven days between publications, in a newspaper of general	87511
circulation in the area of the jurisdiction of the port authority.	87512
Each such contract shall be let to the lowest responsive and	87513
responsible bidder in accordance with section 9.312 of the Revised	87514
Code. Every contract let shall be in writing and if the contract	87515
involves work or construction, it shall be accompanied by or shall	87516
refer to plans and specifications for the work to be done,	87517
prepared for and approved by the port authority, signed by an	87518
authorized officer of the port authority and by the contractor,	87519
and shall be executed in triplicate.	87520

Each bid shall be awarded in accordance with sections 153.54,	87521
153.57, and 153.571 of the Revised Code.	87522

The port authority may reject any and all bids.

87523

(b) On January 1, 2012, and the first day of January of every	87524
even-numbered year thereafter, the director of commerce shall	87525
adjust the threshold level for contracts subject to the bidding	87526
requirements contained in division (A)(2)(a) of this section. The	87527
director shall adjust this amount according to the average	87528
increase for each of the two years immediately preceding the	87529
adjustment as set forth in the producer price index for material	87530
and supply inputs for new nonresidential construction as	87531
determined by the bureau of labor statistics of the United States	87532
department of labor or, if that index no longer is published, a	87533
generally available comparable index. If there is no resulting	87534
increase, the threshold shall remain the same until the next	87535
scheduled adjustment on the first day of January of the next	87536
even-numbered year.	87537

(B) The board of directors of a port authority by rule may	87538
provide criteria for the negotiation and award without competitive	87539
bidding of any contract as to which the port authority is the	87540
contracting entity for the construction of any building,	87541
structure, or other improvement under any of the following	87542
circumstances:	87543

(1) There exists a real and present emergency that threatens	87544
damage or injury to persons or property of the port authority or	87545
other persons, provided that a statement specifying the nature of	87546
the emergency that is the basis for the negotiation and award of a	87547
contract without competitive bidding shall be signed by the	87548
officer of the port authority that executes that contract at the	87549
time of the contract's execution and shall be attached to the	87550
contract.	87551

(2) A commonly recognized industry or other standard or	87552
specification does not exist and cannot objectively be articulated	87553
for the improvement.	87554

(3) The contract is for any energy conservation measure as	87555
defined in section 307.041 of the Revised Code.	87556

(4) With respect to material to be incorporated into the	87557
improvement, only a single source or supplier exists for the	87558
material.	87559

(5) A single bid is received by the port authority after	87560
complying with the provisions of division (A) of this section.	87561

(C)(1) If a contract is to be negotiated and awarded without	87562
competitive bidding for the reason set forth in division (B)(2) of	87563
this section, the port authority shall publish a notice calling	87564
for technical proposals at least twice, with at least seven days	87565
between publications, in a newspaper of general circulation in the	87566
area of the port authority. After receipt of the technical	87567
proposals, the port authority may negotiate with and award a	87568
contract for the improvement to the proposer making the proposal	87569
considered to be the most advantageous to the port authority.	87570

(2) If a contract is to be negotiated and awarded without	87571
competitive bidding for the reason set forth in division (B)(4) of	87572
this section, any construction activities related to the	87573
incorporation of the material into the improvement also may be	87574
provided without competitive bidding by the source or supplier of	87575
that material.	87576

~~(D) No contract for the construction or repair of any~~	87577
~~building, structure, or other improvement and no loan agreement~~	87578
~~for the borrowing of funds for any such improvement undertaken by~~	87579
~~a port authority, where the port authority is the contracting~~	87580
~~entity, shall be executed unless laborers and mechanics employed~~	87581
~~on such improvements are paid at the prevailing rates of wages of~~	87582
~~laborers and mechanics for the class of work called for by the~~	87583
~~improvement. The wages shall be determined in accordance with the~~	87584
~~requirements of Chapter 4115. of the Revised Code for the~~	87585
~~determination of prevailing wage rates, provided that the~~	87586
~~requirements of this section do not apply where the federal~~	87587
~~government or any of its agencies furnishes by loan or grant all~~	87588
~~or any part of the funds used in connection with such project and~~	87589
~~prescribes predetermined minimum wages to be paid to the laborers~~	87590
~~and mechanics.~~	87591

Sec. 4582.31. (A) A port authority created in accordance	87592
with section 4582.22 of the Revised Code may:	87593

(1) Adopt bylaws for the regulation of its affairs and the	87594
conduct of its business;	87595

(2) Adopt an official seal;

87596

(3) Maintain a principal office within its jurisdiction, and	87597
maintain such branch offices as it may require;	87598

(4) Acquire, construct, furnish, equip, maintain, repair,	87599
sell, exchange, lease to or from, or lease with an option to	87600
purchase, convey other interests in real or personal property, or	87601
any combination thereof, related to, useful for, or in furtherance	87602
of any authorized purpose and operate any property in connection	87603
with transportation, recreational, governmental operations, or	87604
cultural activities;	87605

(5) Straighten, deepen, and improve any channel, river,	87606
stream, or other water course or way which may be necessary or	87607
proper in the development of the facilities of a port authority;	87608

(6) Make available the use or services of any port authority	87609
facility to one or more persons, one or more governmental	87610
agencies, or any combination thereof;	87611

(7) Issue bonds or notes for the acquisition, construction,	87612
furnishing, or equipping of any port authority facility or other	87613
permanent improvement that a port authority is authorized to	87614
acquire, construct, furnish, or equip, in compliance with Chapter	87615
133. of the Revised Code, except that such bonds or notes may only	87616
be issued pursuant to a vote of the electors residing within the	87617
area of jurisdiction of the port authority. The net indebtedness	87618
incurred by a port authority shall never exceed two per cent of	87619
the total value of all property within the territory comprising	87620
the port authority as listed and assessed for taxation.	87621

(8) Issue port authority revenue bonds beyond the limit of	87622
bonded indebtedness provided by law, payable solely from revenues	87623
as provided in section 4582.48 of the Revised Code, for the	87624
purpose of providing funds to pay the costs of any port authority	87625
facility or facilities or parts thereof;	87626

(9) Apply to the proper authorities of the United States	87627
pursuant to appropriate law for the right to establish, operate,	87628
and maintain foreign trade zones and establish, operate, and	87629
maintain foreign trade zones and to acquire, exchange, sell, lease	87630
to or from, lease with an option to purchase, or operate	87631
facilities, land, or property therefor in accordance with the	87632
"Foreign Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to	87633
81u;	87634

(10) Enjoy and possess the same rights, privileges, and	87635
powers granted municipal corporations under sections 721.04 to	87636
721.11 of the Revised Code;	87637

(11) Maintain such funds as it considers necessary;

87638

(12) Direct its agents or employees, when properly identified	87639
in writing, and after at least five days' written notice, to enter	87640
upon lands within the confines of its jurisdiction in order to	87641
make surveys and examinations preliminary to location and	87642
construction of works for the purposes of the port authority,	87643
without liability of the port authority or its agents or employees	87644
except for actual damage done;	87645

(13) Promote, advertise, and publicize the port authority and	87646
its facilities; provide information to shippers and other	87647
commercial interests; and appear before rate-making authorities to	87648
represent and promote the interests of the port authority;	87649

(14) Adopt rules, not in conflict with general law, it finds	87650
necessary or incidental to the performance of its duties and the	87651
execution of its powers under sections 4582.21 to 4582.54 of the	87652
Revised Code. Any such rule shall be posted at no less than five	87653
public places in the port authority, as determined by the board of	87654
directors, for a period of not fewer than fifteen days, and shall	87655
be available for public inspection at the principal office of the	87656
port authority during regular business hours. No person shall	87657
violate any lawful rule adopted and posted as provided in this	87658
division.	87659

(15) Do any of the following, in regard to any interests in	87660
any real or personal property, or any combination thereof,	87661
including, without limitation, machinery, equipment, plants,	87662
factories, offices, and other structures and facilities related	87663
to, useful for, or in furtherance of any authorized purpose, for	87664
such consideration and in such manner, consistent with Article	87665
VIII of the Ohio Constitution, as the board in its sole discretion	87666
may determine:	87667

(a) Loan moneys to any person or governmental entity for the	87668
acquisition, construction, furnishing, and equipping of the	87669
property;	87670

(b) Acquire, construct, maintain, repair, furnish, and equip	87671
the property;	87672

(c) Sell to, exchange with, lease, convey other interests in,	87673
or lease with an option to purchase the same or any lesser	87674
interest in the property to the same or any other person or	87675
governmental entity;	87676

(d) Guarantee the obligations of any person or governmental	87677
entity.	87678

A port authority may accept and hold as consideration for the	87679
conveyance of property or any interest therein such property or	87680
interests therein as the board in its discretion may determine,	87681
notwithstanding any restrictions that apply to the investment of	87682
funds by a port authority.	87683

(16) Sell, lease, or convey other interests in real and	87684
personal property, and grant easements or rights-of-way over	87685
property of the port authority. The board of directors shall	87686
specify the consideration and any terms for the sale, lease, or	87687
conveyance of other interests in real and personal property. Any	87688
determination made by the board under this division shall be	87689
conclusive. The sale, lease, or conveyance may be made without	87690
advertising and the receipt of bids.	87691

(17) Exercise the right of eminent domain to appropriate any	87692
land, rights, rights-of-way, franchises, easements, or other	87693
property, necessary or proper for any authorized purpose, pursuant	87694
to the procedure provided in sections 163.01 to 163.22 of the	87695
Revised Code, if funds equal to the appraised value of the	87696
property to be acquired as a result of such proceedings are	87697
available for that purpose. However, nothing contained in sections	87698
4582.201 to 4582.59 of the Revised Code shall authorize a port	87699
authority to take or disturb property or facilities belonging to	87700
any agency or political subdivision of this state, public utility,	87701
cable operator, or common carrier, which property or facilities	87702
are necessary and convenient in the operation of the agency or	87703
political subdivision, public utility, cable operator, or common	87704
carrier, unless provision is made for the restoration, relocation,	87705
or duplication of such property or facilities, or upon the	87706
election of the agency or political subdivision, public utility,	87707
cable operator, or common carrier, for the payment of	87708
compensation, if any, at the sole cost of the port authority,	87709
provided that:	87710

(a) If any restoration or duplication proposed to be made	87711
under this section involves a relocation of the property or	87712
facilities, the new facilities and location shall be of at least	87713
comparable utilitarian value and effectiveness and shall not	87714
impair the ability of the public utility, cable operator, or	87715
common carrier to compete in its original area of operation;	87716

(b) If any restoration or duplication made under this section	87717
involves a relocation of the property or facilities, the port	87718
authority shall acquire no interest or right in or to the	87719
appropriated property or facilities, except as provided in	87720
division (A)(15) of this section, until the relocated property or	87721
facilities are available for use and until marketable title	87722
thereto has been transferred to the public utility, cable	87723
operator, or common carrier.	87724

As used in division (A)(17) of this section, "cable operator"	87725
has the same meaning as in the "Cable Communications Policy Act of	87726
1984," Pub. L. No. 98-549, 98 Stat. 2780, 47 U.S.C. 522, as	87727
amended by the "Telecommunications Act of 1996," Pub. L. No.	87728
104-104, 110 Stat. 56.	87729

(18)(a) Make and enter into all contracts and agreements and	87730
execute all instruments necessary or incidental to the performance	87731
of its duties and the execution of its powers under sections	87732
4582.21 to 4582.59 of the Revised Code.	87733

(b)(i) Except as provided in division (A)(18)(c) of this	87734
section or except when the port authority elects to construct a	87735
building, structure, or other improvement pursuant to a contract	87736
made with a construction manager at risk under sections 9.33 to	87737
9.335 of the Revised Code or with a design-build firm under	87738
section 153.65 to 153.73 of the Revised Code, when the cost of a	87739
contract for the construction of any building, structure, or other	87740
improvement undertaken by a port authority involves an expenditure	87741
exceeding the higher of one hundred thousand dollars or the amount	87742
as adjusted under division (A)(18)(b)(ii) of this section, and the	87743
port authority is the contracting entity, the port authority shall	87744
make a written contract after notice calling for bids for the	87745
award of the contract has been given by publication twice, with at	87746
least seven days between publications, in a newspaper of general	87747
circulation in the area of the port authority or as provided in	87748
section 7.16 of the Revised Code. Each such contract shall be let	87749
to the lowest responsive and responsible bidder in accordance with	87750
section 9.312 of the Revised Code. Every contract shall be	87751
accompanied by or shall refer to plans and specifications for the	87752
work to be done, prepared for and approved by the port authority,	87753
signed by an authorized officer of the port authority and by the	87754
contractor, and shall be executed in triplicate.	87755

Each bid shall be awarded in accordance with sections 153.54,	87756
153.57, and 153.571 of the Revised Code. The port authority may	87757
reject any and all bids.	87758

(ii) On January 1, 2012, and the first day of January of	87759
every even-numbered year thereafter, the director of commerce	87760
shall adjust the threshold level for contracts subject to the	87761
bidding requirements contained in division (A)(18)(b)(i) of this	87762
section. The director shall adjust this amount according to the	87763
average increase for each of the two years immediately preceding	87764
the adjustment as set forth in the producer price index for	87765
material and supply inputs for new nonresidential construction as	87766
determined by the bureau of labor statistics of the United States	87767
department of labor or, if that index no longer is published, a	87768
generally available comparable index. If there is no resulting	87769
increase, the threshold shall remain the same until the next	87770
scheduled adjustment on the first day of January of the next	87771
even-numbered year.	87772

(c) The board of directors by rule may provide criteria for	87773
the negotiation and award without competitive bidding of any	87774
contract as to which the port authority is the contracting entity	87775
for the construction of any building or structure or other	87776
improvement under any of the following circumstances:	87777

(i) There exists a real and present emergency that threatens	87778
damage or injury to persons or property of the port authority or	87779
other persons, provided that a statement specifying the nature of	87780
the emergency that is the basis for the negotiation and award of a	87781
contract without competitive bidding shall be signed by the	87782
officer of the port authority that executes that contract at the	87783
time of the contract's execution and shall be attached to the	87784
contract.	87785

(ii) A commonly recognized industry or other standard or	87786
specification does not exist and cannot objectively be articulated	87787
for the improvement.	87788

(iii) The contract is for any energy conservation measure as	87789
defined in section 307.041 of the Revised Code.	87790

(iv) With respect to material to be incorporated into the	87791
improvement, only a single source or supplier exists for the	87792
material.	87793

(v) A single bid is received by the port authority after	87794
complying with the provisions of division (A)(18)(b) of this	87795
section.	87796

(d)(i) If a contract is to be negotiated and awarded without	87797
competitive bidding for the reason set forth in division	87798
(A)(18)(c)(ii) of this section, the port authority shall publish a	87799
notice calling for technical proposals ~~at least~~ twice, with at	87800
least seven days between publications, in a newspaper of general	87801
circulation in the area of the port authority or as provided in	87802
section 7.16 of the Revised Code. After receipt of the technical	87803
proposals, the port authority may negotiate with and award a	87804
contract for the improvement to the proposer making the proposal	87805
considered to be the most advantageous to the port authority.	87806

(ii) If a contract is to be negotiated and awarded without	87807
competitive bidding for the reason set forth in division	87808
(A)(18)(c)(iv) of this section, any construction activities	87809
related to the incorporation of the material into the improvement	87810
also may be provided without competitive bidding by the source or	87811
supplier of that material.	87812

(e)(i) Any purchase, exchange, sale, lease, lease with an	87813
option to purchase, conveyance of other interests in, or other	87814
contract with a person or governmental entity that pertains to the	87815
acquisition, construction, maintenance, repair, furnishing,	87816
equipping, or operation of any real or personal property, or any	87817
combination thereof, related to, useful for, or in furtherance of	87818
an activity contemplated by Section 13 or 16 of Article VIII, Ohio	87819
Constitution, shall be made in such manner and subject to such	87820
terms and conditions as may be determined by the board of	87821
directors in its discretion.	87822

(ii) Division (A)(18)(e)(i) of this section applies to all	87823
contracts that are subject to the division, notwithstanding any	87824
other provision of law that might otherwise apply, including,	87825
without limitation, any requirement of notice, any requirement of	87826
competitive bidding or selection, or any requirement for the	87827
provision of security.	87828

(iii) Divisions (A)(18)(e)(i) and (ii) of this section do not	87829
apply to either of the following: any contract secured by or to be	87830
paid from moneys raised by taxation or the proceeds of obligations	87831
secured by a pledge of moneys raised by taxation; or any contract	87832
secured exclusively by or to be paid exclusively from the general	87833
revenues of the port authority. For the purposes of this section,	87834
any revenues derived by the port authority under a lease or other	87835
agreement that, by its terms, contemplates the use of amounts	87836
payable under the agreement either to pay the costs of the	87837
improvement that is the subject of the contract or to secure	87838
obligations of the port authority issued to finance costs of such	87839
improvement, are excluded from general revenues.	87840

(19) Employ managers, superintendents, and other employees	87841
and retain or contract with consulting engineers, financial	87842
consultants, accounting experts, architects, attorneys, and any	87843
other consultants and independent contractors as are necessary in	87844
its judgment to carry out this chapter, and fix the compensation	87845
thereof. All expenses thereof shall be payable from any available	87846
funds of the port authority or from funds appropriated for that	87847
purpose by a political subdivision creating or participating in	87848
the creation of the port authority.	87849

(20) Receive and accept from any state or federal agency	87850
grants and loans for or in aid of the construction of any port	87851
authority facility or for research and development with respect to	87852
port authority facilities, and receive and accept aid or	87853
contributions from any source of money, property, labor, or other	87854
things of value, to be held, used, and applied only for the	87855
purposes for which the grants and contributions are made;	87856

(21) Engage in research and development with respect to port	87857
authority facilities;	87858

(22) Purchase fire and extended coverage and liability	87859
insurance for any port authority facility and for the principal	87860
office and branch offices of the port authority, insurance	87861
protecting the port authority and its officers and employees	87862
against liability for damage to property or injury to or death of	87863
persons arising from its operations, and any other insurance the	87864
port authority may agree to provide under any resolution	87865
authorizing its port authority revenue bonds or in any trust	87866
agreement securing the same;	87867

(23) Charge, alter, and collect rentals and other charges for	87868
the use or services of any port authority facility as provided in	87869
section 4582.43 of the Revised Code;	87870

(24) Provide coverage for its employees under Chapters 145.,	87871
4123., and 4141. of the Revised Code;	87872

(25) Do all acts necessary or proper to carry out the powers	87873
expressly granted in sections 4582.21 to 4582.59 of the Revised	87874
Code.	87875

(B) Any instrument by which real property is acquired	87876
pursuant to this section shall identify the agency of the state	87877
that has the use and benefit of the real property as specified in	87878
section 5301.012 of the Revised Code.	87879

(C) Whoever violates division (A)(14) of this section is	87880
guilty of a minor misdemeanor.	87881

Sec. 4585.10. The officer holding a writ for the sale of a	87882
watercraft, its apparel, or furniture, before ~~he proceeds~~	87883
proceeding to sell it, shall give public notice of the time and	87884
place of sale for at least ten days previous thereto or as	87885
provided in section 7.16 of the Revised Code, by advertisement in	87886
a newspaper ~~published~~of general circulation in the county, and by	87887
advertisement posted in at least five public places in the county.	87888
Such sales shall be conducted, and the court shall have the same	87889
power over them as sales upon execution.	87890

Sec. 4705.021. (A) As used in this section:

87891

(1) "Disciplinary counsel" means the disciplinary counsel	87892
appointed by the board of commissioners on grievances and	87893
discipline of the supreme court under the Rules for the Government	87894
of the Bar of Ohio.	87895

(2) "Certified grievance committee" means a duly constituted	87896
and organized committee of the Ohio state bar association or of	87897
one or more local bar associations of the state that complies with	87898
the criteria set forth in rule V, section 3 of the Rules for the	87899
Government of the Bar of Ohio.	87900

(3) "Child support order" has the same meaning as in section	87901
3119.01 of the Revised Code.	87902

(B) If an individual who has been admitted to the bar by	87903
order of the supreme court in compliance with its published rules	87904
is determined pursuant to sections 3123.01 to 3123.07 of the	87905
Revised Code by a court or child support enforcement agency to be	87906
in default under a support order being administered or handled by	87907
a child support enforcement agency, that agency may send a notice	87908
listing the name and social security number or other	87909
identification number of the individual and a certified copy of	87910
the court or agency determination that the individual is in	87911
default to the secretary of the board of commissioners on	87912
grievances and discipline of the supreme court and to either the	87913
disciplinary counsel or the president, secretary, and chairperson	87914
of each certified grievance committee if both of the following are	87915
the case:	87916

(1) At least ninety days have elapsed since the final and	87917
enforceable determination of default;	87918

(2) In the preceding ninety days, the obligor has failed to	87919
pay at least fifty per cent of the total monthly obligation due	87920
through means other than those described in sections 3123.81 to	87921
3123.85 of the Revised Code.	87922

Sec. 4709.13. (A) The barber board may refuse to issue or	87923
renew or may suspend or revoke or impose conditions upon any	87924
license issued pursuant to this chapter for any one or more of the	87925
following causes:	87926

(1) ~~Conviction of a felony shown by a certified copy of the~~	87927
~~record of the court of conviction;~~	87928

~~(2)~~ Advertising by means of knowingly false or deceptive	87929
statements;	87930

~~(3)~~(2) Habitual drunkenness or possession of or addiction to	87931
the use of any controlled drug prohibited by state or federal law;	87932

~~(4)~~(3) Immoral or unprofessional conduct;

87933

~~(5)~~(4) Continuing to be employed in a barber shop wherein	87934
rules of the board or department of health are violated;	87935

~~(6)~~(5) Employing any person who does not have a current Ohio	87936
license to perform the practice of barbering;	87937

~~(7)~~(6) Owning, managing, operating, or controlling any barber	87938
school or portion thereof, wherein the practice of barbering is	87939
carried on, whether in the same building or not, without	87940
displaying a sign at all entrances to the places where the	87941
barbering is carried on, indicating that the work therein is done	87942
by students exclusively;	87943

~~(8)~~(7) Owning, managing, operating, or controlling any barber	87944
shop, unless it displays a recognizable sign or barber pole	87945
indicating that it is a barber shop, and the sign or pole is	87946
clearly visible at the main entrance to the shop;	87947

~~(9)~~(8) Violating any sanitary rules approved by the	87948
department of health or the board;	87949

~~(10)~~(9) Employing another person to perform or ~~himself~~	87950
personally perform the practice of barbering in a licensed barber	87951
shop unless that person is licensed as a barber under this	87952
chapter;	87953

~~(11)~~(10) Gross incompetence.

87954

(B)(1) The board may refuse to renew or may suspend or revoke	87955
or impose conditions upon any license issued pursuant to this	87956
chapter for conviction of or plea of guilty to a felony committed	87957
after the person has been issued a license under this chapter,	87958
shown by a certified copy of the record of the court in which the	87959
person was convicted or pleaded guilty.	87960

(2) A conviction or plea of guilty to a felony committed	87961
prior to being issued a license under this chapter shall not	87962
disqualify a person from being issued an initial license under	87963
this chapter.	87964

(C) Prior to taking any action under division (A) or (B) of	87965
this section, the board shall provide the person with a statement	87966
of the charges against ~~him~~the person and notice of the time and	87967
place of a hearing on the charges. The board shall conduct the	87968
hearing according to Chapter 119. of the Revised Code. Any person	87969
dissatisfied with a decision of the board may appeal the board's	87970
decision to the court of common pleas in Franklin county.	87971

~~(C)~~(D) The board may adopt rules in accordance with Chapter	87972
119. of the Revised Code, specifying additional grounds upon which	87973
the board may take action under division (A) of this section.	87974

Sec. 4725.34. (A) The state board of optometry shall charge	87975
the following nonrefundable fees:	87976

(1) One hundred ~~ten~~thirty dollars for application for a	87977
certificate of licensure;	87978

(2) ~~Twenty-five~~Forty-five dollars for application for a	87979
therapeutic pharmaceutical agents certificate, except when the	87980
certificate is to be issued pursuant to division (A)(3) of section	87981
4725.13 of the Revised Code, in which case the fee shall be	87982
thirty-five dollars;	87983

(3) One hundred ~~ten~~thirty dollars for renewal of a	87984
certificate of licensure;	87985

(4) ~~Twenty-five~~Forty-five dollars for renewal of a topical	87986
ocular pharmaceutical agents certificate;	87987

(5) ~~Twenty-five~~Forty-five dollars for renewal of a	87988
therapeutic pharmaceutical agents certificate;	87989

(6) ~~Seventy-five~~One hundred twenty-five dollars for late	87990
completion or submission, or both, of continuing optometric	87991
education;	87992

(7) ~~Seventy-five~~One hundred twenty-five dollars for late	87993
renewal of one or more certificates that have expired;	87994

(8) Seventy-five dollars for reinstatement of one or more	87995
certificates classified as delinquent under section 4725.16 of the	87996
Revised Code, multiplied by the number of years the one or more	87997
certificates have been classified as delinquent;	87998

(9) Seventy-five dollars for reinstatement of one or more	87999
certificates placed on inactive status under section 4725.17 of	88000
the Revised Code;	88001

(10) Seventy-five dollars for reinstatement under section	88002
4725.171 of the Revised Code of one or more expired certificates;	88003

(11) Additional fees to cover administrative costs incurred	88004
by the board, including fees for replacing licenses issued by the	88005
board and providing rosters of currently licensed optometrists.	88006
Such fees shall be established at a regular meeting of the board	88007
and shall comply with any applicable guidelines or policies set by	88008
the department of administrative services or the office of budget	88009
and management.	88010

(B) The board, subject to the approval of the controlling	88011
board, may establish fees in excess of the amounts specified in	88012
division (A) of this section if the fees do not exceed the amounts	88013
specified by more than fifty per cent.	88014

(C) All receipts of the board, from any source, shall be	88015
deposited in the state treasury to the credit of the occupational	88016
licensing and regulatory fund.	88017

Sec. 4725.48. (A) Any person who desires to engage in	88018
optical dispensing, except as provided in section 4725.47 of the	88019
Revised Code, shall file a properly completed written application	88020
for an examination with the Ohio optical dispensers board or with	88021
the testing service the board has contracted with pursuant to	88022
section 4725.49 of the Revised Code. The application for	88023
examination shall be made on a form provided by the board or	88024
testing service and shall be accompanied by an examination fee the	88025
board shall establish by rule. Applicants must return the	88026
application to the board or testing service at least sixty days	88027
prior to the date the examination is scheduled to be administered.	88028

(B) Except as provided in section 4725.47 of the Revised	88029
Code, any person who desires to engage in optical dispensing shall	88030
file a properly completed written application for a license with	88031
the board with ~~the appropriate license~~a licensure application fee	88032
~~as set forth under section 4725.50 of the Revised Code~~of fifty	88033
dollars.	88034

No person shall be eligible to apply for a license under this	88035
division, unless the person is at least eighteen years of age, is	88036
of good moral character, is free of contagious or infectious	88037
disease, has received a passing score, as determined by the board,	88038
on the examination administered under division (A) of this	88039
section, is a graduate of an accredited high school of any state,	88040
or has received an equivalent education and has successfully	88041
completed either of the following:	88042

(1) Two years of supervised experience under a licensed	88043
dispensing optician, optometrist, or physician engaged in the	88044
practice of ophthalmology, up to one year of which may be	88045
continuous experience of not less than thirty hours a week in an	88046
optical laboratory;	88047

(2) A two-year college level program in optical dispensing	88048
that has been approved by the board and that includes, but is not	88049
limited to, courses of study in mathematics, science, English,	88050
anatomy and physiology of the eye, applied optics, ophthalmic	88051
optics, measurement and inspection of lenses, lens grinding and	88052
edging, ophthalmic lens design, keratometry, and the fitting and	88053
adjusting of spectacle lenses and frames and contact lenses,	88054
including methods of fitting contact lenses and post-fitting care.	88055

(C) Any person who desires to obtain a license to practice as	88056
an ocularist shall file a properly completed written application	88057
with the board accompanied by the appropriate fee and proof that	88058
the applicant has met the requirements for licensure. The board	88059
shall establish, by rule, the application fee and the minimum	88060
requirements for licensure, including education, examination, or	88061
experience standards recognized by the board as national standards	88062
for ocularists. The board shall issue a license to practice as an	88063
ocularist to an applicant who satisfies the requirements of this	88064
division and rules adopted pursuant to this division.	88065

Sec. 4725.50. (A) Except for a person who qualifies for	88066
licensure as an ocularist, each person who qualifies for licensure	88067
under sections 4725.40 to 4725.59 of the Revised Code shall	88068
receive from the Ohio optical dispensers board, under its seal, a	88069
certificate of licensure entitling ~~him~~the person to practice as a	88070
licensed spectacle dispensing optician, licensed contact lens	88071
dispensing optician, or a licensed spectacle-contact lens	88072
dispensing optician. The appropriate certificate of licensure	88073
shall be issued by the board no later than sixty days after it has	88074
notified the applicant of ~~his~~the applicant's approval for	88075
licensure.	88076

(B) ~~The licensure fee shall be fifty dollars for applications~~	88077
~~submitted in January through March; thirty-seven dollars and fifty~~	88078
~~cents, in April through June; twenty-five dollars, in July through~~	88079
~~September; and twelve dollars and fifty cents, in October through~~	88080
~~December.~~	88081

~~(C)~~ Each licensed dispensing optician shall display ~~his~~the	88082
licensed dispensing optician's certificate of licensure in a	88083
conspicuous place in ~~his~~the licensed dispensing optician's office	88084
or place of business. If a licensed dispensing optician maintains	88085
more than one office or place of business, hethe licensed	88086
dispensing optician shall display a duplicate copy of such	88087
certificate at each location. The board shall issue duplicate	88088
copies of the appropriate certificate of licensure for this	88089
purpose upon the filing of an application form therefor and the	88090
payment of a five-dollar fee for each duplicate copy.	88091

Sec. 4725.52. Any licensed dispensing optician may supervise	88092
a maximum of three apprentices who shall be permitted to engage in	88093
optical dispensing only under the supervision of the licensed	88094
dispensing optician.	88095

~~A person serving~~To serve as an apprentice, a person shall	88096
register ~~annually~~ with the Ohio optical dispensers board either on	88097
a form provided by the board or in the form of a statement giving	88098
the name and address of the supervising licensed dispensing	88099
optician, the location at which the apprentice will be employed,	88100
and any other information required by the board. ~~Each registrant~~	88101
For the duration of the apprenticeship, the apprentice shall	88102
register annually on the form provided by the board or in the form	88103
of a statement.	88104

Each apprentice shall pay aan initial registration fee of	88105
~~ten~~twenty dollars. For each registration renewal thereafter, each	88106
apprentice shall pay a registration renewal fee of twenty dollars.	88107

A person who is gaining experience under the supervision of a	88108
licensed optometrist or ophthalmologist that would qualify ~~him~~the	88109
person under division (B)(1) of section 4725.48 of the Revised	88110
Code to take the examination for optical dispensing is not	88111
required to register with the board.	88112

Sec. 4725.57. An applicant for licensure as a licensed	88113
dispensing optician who is licensed or registered in another state	88114
shall be accorded the full privileges of practice within this	88115
state, upon the payment of a ~~seventy-five~~fifty-dollar fee and the	88116
submission of a certified copy of the license or certificate	88117
issued by such other state, without the necessity of examination,	88118
if the board determines that the applicant meets the ~~criteria of~~	88119
~~division (A) of section 4725.48 of the Revised Code and further~~	88120
~~determines that the educational background or experience of the~~	88121
~~applicant satisfies the~~remaining requirements of division (B) of	88122
section 4725.48 of the Revised Code. The board may require that	88123
the applicant have received a passing score, as determined by the	88124
board, on an examination that is substantially the same as the	88125
examination described in division (A) of section 4725.48 of the	88126
Revised Code.	88127

Sec. 4729.50. (A) The state board of pharmacy may enter into	88128
contracts with private entities under which the entities process	88129
applications and renewal applications for wholesale distributors	88130
of dangerous drugs and terminal distributors of dangerous drugs.	88131
When entering into these contracts, the board shall give	88132
preference to entities that are Ohio-based companies.	88133

Any revenue received by the board from contracts entered into	88134
under this section shall be deposited into the state treasury to	88135
the credit of the occupational licensing and regulatory fund. The	88136
money may be used for any purpose determined by the board to be	88137
relevant to its duties, including the establishment and	88138
maintenance of a drug database pursuant to section 4729.75 of the	88139
Revised Code.	88140

(B) No enforcement or disciplinary authority granted to the	88141
board shall be transferred to a private entity through a contract	88142
entered into under this section.	88143

Sec. 4729.52. (A) A person desiring to be registered as a	88144
wholesale distributor of dangerous drugs shall file with the	88145
executive director of the state board of pharmacy a verified	88146
application containing such information as the board requires of	88147
the applicant relative to the qualifications to be registered as a	88148
wholesale distributor of dangerous drugs set forth in section	88149
4729.53 of the Revised Code and the rules adopted under that	88150
section. The board shall register as a wholesale distributor of	88151
dangerous drugs each applicant who has paid the required	88152
registration fee, if the board determines that the applicant meets	88153
the qualifications to be registered as a wholesale distributor of	88154
dangerous drugs set forth in section 4729.53 of the Revised Code	88155
and the rules adopted under that section.	88156

(B) The board may register and issue to a person who does not	88157
reside in this state a registration certificate as a wholesale	88158
distributor of dangerous drugs if the person possesses a current	88159
and valid wholesale distributor of dangerous drugs registration	88160
certificate or license issued by another state that has	88161
qualifications for licensure or registration comparable to the	88162
registration requirements in this state and pays the required	88163
registration fee.	88164

(C) All registration certificates issued pursuant to this	88165
section are effective for a period of twelve months from the first	88166
day of July of each year. A registration certificate shall be	88167
renewed annually by the board for a like period, pursuant to this	88168
section and the standard renewal procedure of Chapter 4745. of the	88169
Revised Code. A person desiring to renew a registration	88170
certificate shall submit an application for renewal and pay the	88171
required renewal fee before the first day of July each year.	88172

(D) Each registration certificate and its application shall	88173
describe not more than one establishment or place where the	88174
registrant or applicant may engage in the sale of dangerous drugs	88175
at wholesale. No registration certificate shall authorize or	88176
permit the wholesale distributor of dangerous drugs named therein	88177
to engage in the sale of drugs at wholesale or to maintain	88178
possession, custody, or control of dangerous drugs for any purpose	88179
other than for the registrant's own use and consumption at any	88180
establishment or place other than that described in the	88181
certificate.	88182

(E)(1) The registration fee is ~~one~~seven hundred fifty	88183
dollars and shall accompany each application for registration. The	88184
registration renewal fee is ~~one~~seven hundred fifty dollars and	88185
shall accompany each renewal application.	88186

A registration certificate that has not been renewed in any	88187
year by the first day of August may be reinstated upon payment of	88188
the renewal fee and a penalty of ~~fifty-five~~one hundred fifty	88189
dollars.	88190

(2) Renewal fees and penalties assessed under division (E)(1)	88191
of this section shall not be returned if the applicant fails to	88192
qualify for renewal.	88193

(F) The registration of any person as a wholesale distributor	88194
of dangerous drugs subjects the person and the person's agents and	88195
employees to the jurisdiction of the board and to the laws of this	88196
state for the purpose of the enforcement of this chapter and the	88197
rules of the board. However, the filing of an application for	88198
registration as a wholesale distributor of dangerous drugs by, or	88199
on behalf of, any person or the registration of any person as a	88200
wholesale distributor of dangerous drugs shall not, of itself,	88201
constitute evidence that the person is doing business within this	88202
state.	88203

Sec. 4729.552. (A) To be eligible to receive a license as a	88204
category III terminal distributor of dangerous drugs with a pain	88205
management clinic classification, an applicant shall submit	88206
evidence satisfactory to the board that the applicant's pain	88207
management clinic will be operated in accordance with the	88208
requirements specified in division (B) of this section and that	88209
the applicant meets any other applicable requirements under this	88210
chapter or Chapter 3719. of the Revised Code.	88211

If the board determines that an applicant meets all of the	88212
requirements, the board shall issue to the applicant a license as	88213
a category III terminal distributor of dangerous drugs and specify	88214
on the license that the terminal distributor is classified as a	88215
pain management clinic.	88216

(B) The holder of a terminal distributor license with a pain	88217
management clinic classification shall do all of the following:	88218

(1) Be in control of a facility that is owned and operated	88219
solely by one or more physicians authorized under Chapter 4731. of	88220
the Revised Code to practice medicine and surgery or osteopathic	88221
medicine and surgery;	88222

(2) Ensure that any person employed by the facility complies	88223
with the requirements for the operation of a pain management	88224
clinic established by the state medical board in rules adopted	88225
under section 4731.054 of the Revised Code;	88226

(3) Require any person with ownership of the facility to	88227
submit to a criminal records check in accordance with section	88228
4776.02 of the Revised Code and send the results of the criminal	88229
records check directly to the state board of pharmacy for review	88230
and decision under section 4729.071 of the Revised Code;	88231

(4) Require all employees of the facility to submit to a	88232
criminal records check in accordance with section 4776.02 of the	88233
Revised Code and ensure that no person is employed who has	88234
previously been convicted of, or pleaded guilty to, ~~any felony in~~	88235
~~this state, another state, or the United States;~~either of the	88236
following:	88237

(a) A theft offense, described in division (K)(3) of section	88238
2913.01 of the Revised Code, that would constitute a felony under	88239
the laws of this state, any other state, or the United States;	88240

(b) A felony drug abuse offense, as defined in section	88241
2925.01 of the Revised Code.	88242

(5) Maintain a list of each person with ownership of the	88243
facility and notify the state board of pharmacy of any change to	88244
that list.	88245

(C) No person shall operate a facility that under this	88246
chapter is subject to licensure as a category III terminal	88247
distributor of dangerous drugs with a pain management clinic	88248
classification without obtaining and maintaining the license with	88249
the classification.	88250

No person who holds a category III license with a pain	88251
management clinic classification shall fail to remain in	88252
compliance with the requirements of division (A) of this section	88253
and any other applicable requirements under this chapter or	88254
Chapter 3719. of the Revised Code.	88255

(D) The board may impose a fine of not more than five	88256
thousand dollars on a terminal distributor of dangerous drugs	88257
license holder who violates division (C) of this section. A	88258
separate fine may be imposed for each day the violation continues.	88259
In imposing the fine, the board's actions shall be taken in	88260
accordance with Chapter 119. of the Revised Code.	88261

Sec. 4731.054. (A) As used in this section:

88262

(1) "Chronic pain" has the same meaning as in section	88263
4731.052 of the Revised Code.	88264

(2) "Controlled substance" has the same meaning as in section	88265
3719.01 of the Revised Code.	88266

(3) "Hospital" means a hospital registered with the	88267
department of health under section 3701.07 of the Revised Code.	88268

(4) "Owner" means each person included on the list maintained	88269
under division (B)(5) of section 4729.552 of the Revised Code.	88270

~~(4)~~(5)(a) "Pain management clinic" means a facility to which	88271
all of the following apply:	88272

(i) The primary component of practice is treatment of pain or	88273
chronic pain;	88274

(ii) The majority of patients of the prescribers at the	88275
facility are provided treatment for pain or chronic pain that	88276
includes the use of controlled substances, tramadol, carisoprodol,	88277
or other drugs specified in rules adopted under this section;	88278

(iii) The facility meets any other identifying criteria	88279
established in rules adopted under this section.	88280

(b) "Pain management clinic" does not include any of the	88281
following:	88282

(i) A hospital ~~registered with the department of health under~~	88283
~~section 3701.07 of the Revised Code or a facility owned in whole~~	88284
~~or in part by a hospital~~;	88285

(ii) A facility operated by a hospital for the treatment of	88286
pain or chronic pain;	88287

(iii) A physician practice owned or controlled, in whole or	88288
in part, by a hospital or by an entity that owns or controls, in	88289
whole or in part, one or more hospitals;	88290

(iv) A school, college, university, or other educational	88291
institution or program to the extent that it provides instruction	88292
to individuals preparing to practice as physicians, podiatrists,	88293
dentists, nurses, physician assistants, optometrists, or	88294
veterinarians or any affiliated facility to the extent that it	88295
participates in the provision of that instruction;	88296

~~(iii)~~(v) A hospice program licensed under Chapter 3712. of	88297
the Revised Code;	88298

~~(iv)~~(vi) An ambulatory surgical facility licensed under	88299
section 3702.30 of the Revised Code;	88300

(vii) An interdisciplinary pain rehabilitation program with	88301
three-year accreditation from the commission on accreditation of	88302
rehabilitation facilities.	88303

~~(5)~~(6) "Physician" means an individual authorized under this	88304
chapter to practice medicine and surgery or osteopathic medicine	88305
and surgery.	88306

~~(6)~~(7) "Prescriber" has the same meaning as in section	88307
4729.01 of the Revised Code.	88308

(B) Each owner shall supervise, control, and direct the	88309
activities of each individual, including an employee, volunteer,	88310
or individual under contract, who provides treatment of pain or	88311
chronic pain at the clinic or is associated with the provision of	88312
that treatment. The supervision, control, and direction shall be	88313
provided in accordance with rules adopted under this section.	88314

(C) The state medical board shall adopt rules in accordance	88315
with Chapter 119. of the Revised Code that establish all of the	88316
following:	88317

(1) Standards and procedures for the operation of a pain	88318
management clinic;	88319

(2) Standards and procedures to be followed by a physician	88320
who provides care at a pain management clinic;	88321

(3) For purposes of division (A)~~(4)~~(5)(a)(ii) of this	88322
section, the other drugs used to treat pain or chronic pain that	88323
identify a facility as a pain management clinic;	88324

(4) For purposes of division (A)~~(4)~~(5)(a)(iii) of this	88325
section, the other criteria that identify a facility as a pain	88326
management clinic;	88327

(5) For purposes of division (B) of this section, standards	88328
and procedures to be followed by an owner in providing	88329
supervision, direction, and control of individuals at a pain	88330
management clinic.	88331

(D) The board may impose a fine of not more than twenty	88332
thousand dollars on a physician who fails to comply with rules	88333
adopted under this section. The fine may be in addition to or in	88334
lieu of any other action that may be taken under section 4731.22	88335
of the Revised Code. The board shall deposit any amounts received	88336
under this division in accordance with section 4731.24 of the	88337
Revised Code.	88338

Sec. 4731.15. (A)(1) The state medical board also shall	88339
regulate the following limited branches of medicine: massage	88340
therapy and cosmetic therapy, and to the extent specified in	88341
section 4731.151 of the Revised Code, naprapathy and	88342
mechanotherapy. The board shall adopt rules governing the limited	88343
branches of medicine under its jurisdiction. The rules shall be	88344
adopted in accordance with Chapter 119. of the Revised Code.	88345

(2) As used in this chapter, "cosmetic therapy" means the	88346
permanent removal of hair from the human body through the use of	88347
electric modalities approved by the board for use in cosmetic	88348
therapy, and additionally may include the systematic friction,	88349
stroking, slapping, and kneading or tapping of the face, neck,	88350
scalp, or shoulders.	88351

(B) A certificate to practice a limited branch of medicine	88352
issued by the state medical board is valid for a two-year period,	88353
except when an initial certificate is issued for a shorter period	88354
or when division (C)(2) of this section is applicable. The	88355
certificate may be renewed in accordance with division (C) of this	88356
section.	88357

(C)(1) Except as provided in division (C)(2) of this section,	88358
all of the following apply with respect to the renewal of	88359
certificates to practice a limited branch of medicine:	88360

(a) Each person seeking to renew a certificate to practice a	88361
limited branch of medicine shall apply for biennial registration	88362
with the state medical board on a renewal application form	88363
prescribed by the board. An applicant for renewal shall pay a	88364
biennial registration fee of ~~fifty~~one hundred dollars.	88365

(b) At least six months before a certificate expires, the	88366
board shall mail or cause to be mailed a renewal notice to the	88367
certificate holder's last known address.	88368

(c) At least three months before a certificate expires, the	88369
certificate holder shall submit the renewal application and	88370
biennial registration fee to the board.	88371

(2) Beginning with the 2009 registration period, the board	88372
shall implement a staggered renewal system that is substantially	88373
similar to the staggered renewal system the board uses under	88374
division (B) of section 4731.281 of the Revised Code.	88375

(D) All persons who hold a certificate to practice a limited	88376
branch of medicine issued by the state medical board shall provide	88377
the board written notice of any change of address. The notice	88378
shall be submitted to the board not later than thirty days after	88379
the change of address.	88380

(E) A certificate to practice a limited branch of medicine	88381
shall be automatically suspended if the certificate holder fails	88382
to renew the certificate in accordance with division (C) of this	88383
section. Continued practice after the suspension of the	88384
certificate to practice shall be considered as practicing in	88385
violation of sections 4731.34 and 4731.41 of the Revised Code.	88386

If a certificate to practice has been suspended pursuant to	88387
this division for two years or less, it may be reinstated. The	88388
board shall reinstate the certificate upon an applicant's	88389
submission of a renewal application and payment of the biennial	88390
registration fee and the applicable monetary penalty. With regard	88391
to reinstatement of a certificate to practice cosmetic therapy,	88392
the applicant also shall submit with the application a	88393
certification that the number of hours of continuing education	88394
necessary to have a suspended certificate reinstated have been	88395
completed, as specified in rules the board shall adopt in	88396
accordance with Chapter 119. of the Revised Code. The penalty for	88397
reinstatement shall be twenty-five dollars.	88398

If a certificate has been suspended pursuant to this division	88399
for more than two years, it may be restored. Subject to section	88400
4731.222 of the Revised Code, the board may restore the	88401
certificate upon an applicant's submission of a restoration	88402
application, the biennial registration fee, and the applicable	88403
monetary penalty and compliance with sections 4776.01 to 4776.04	88404
of the Revised Code. The board shall not restore to an applicant a	88405
certificate to practice unless the board, in its discretion,	88406
decides that the results of the criminal records check do not make	88407
the applicant ineligible for a certificate issued pursuant to	88408
section ~~4731.18~~4731.17 of the Revised Code. The penalty for	88409
restoration is fifty dollars.	88410

Sec. 4731.16. (A) The state medical board shall ~~conduct~~	88411
~~examinations of applicants for certification to practice~~	88412
determine the standing of the schools, colleges, or institutions	88413
giving instruction in the limited branches of medicine of massage	88414
therapy and cosmetic therapy. ~~The examinations shall be conducted~~	88415
~~under rules adopted by the board and at such times and places as~~	88416
~~the board may determine. The fee for either examination is two~~	88417
~~hundred fifty dollars.~~	88418

~~For the purpose of conducting examinations, the board may~~	88419
~~call to its aid any person of established reputation and known~~	88420
~~ability in the limited branch of medicine for which the~~	88421
~~examination is being held. A person called to assist in an~~	88422
~~examination shall be reimbursed for the person's services.~~	88423
~~Reimbursement shall be not more than one hundred dollars per day~~	88424
~~and an amount fixed and allowed by the board for the person's~~	88425
~~actual and necessary expenses.~~	88426

~~Each examination shall be given in anatomy, physiology,~~	88427
~~chemistry, bacteriology, pathology, hygiene, diagnosis, and any~~	88428
~~other subjects appropriate to the limited branch of medicine for~~	88429
~~which certification is requested as the board may require, except~~	88430
~~that applicants for certificates to practice massage therapy shall~~	88431
~~not be examined in pathology.~~	88432

~~If an applicant fails an examination more than twice, in~~	88433
~~whole or in part, the board may require that the applicant obtain~~	88434
~~additional training as a condition of being eligible for further~~	88435
~~examination.~~	88436

(B) The board may administer an examination of competency to	88437
practice a limited branch of medicine. If it administers an	88438
examination, the board shall establish by rule a fee to cover the	88439
cost of administering the examination.	88440

If it does not administer an examination, the board shall	88441
adopt rules under section 4731.05 of the Revised Code that specify	88442
both of the following:	88443

(1) An examination acceptable to the board as an examination	88444
of competency to practice a limited branch of medicine;	88445

(2) The score that constitutes evidence of passing the	88446
examination.	88447

Sec. 4731.17. ~~If an applicant passes the examination to~~	88448
~~practice massage therapy or cosmetic therapy conducted under~~	88449
~~section 4731.16 of the Revised Code and has paid the fee required~~	88450
~~under that section,~~(A) The state medical board shall review all	88451
applications received under section 4731.19 of the Revised Code.	88452
The board shall determine whether an applicant meets the	88453
requirements for a certificate to practice the applicable limited	88454
branch of medicine. An affirmative vote of not fewer than six	88455
members of the board is required to determine that an applicant	88456
meets the requirements for a certificate.	88457

(B) If the board determines that the applicant meets the	88458
requirements for a certificate and that the documentation required	88459
for a certificate is acceptable, the ~~state medical~~ board shall	88460
issue to the applicant the appropriate certificate to practice.	88461
~~Such~~Each certificate shall be signed by the president and	88462
secretary of the board and attested by its seal.	88463

(C) A certificate shall authorize the holder ~~thereof~~ to	88464
practice the limited branch of medicine ~~specified therein, but~~	88465
~~shall not permit the holder to practice any other~~for which the	88466
certificate was issued. No person who holds a certificate to	88467
practice a limited branch of medicine issued by the board under	88468
this section shall do any of the following:	88469

(1) Practice a limited branch of medicine~~, nor shall it~~	88470
~~permit the holder to treat~~other than the limited branch of	88471
medicine for which the certificate was issued;	88472

(2) Treat infectious, contagious, or venereal diseases~~, to~~	88473
~~prescribe~~;	88474

(3) Prescribe or administer drugs~~, or to perform~~;

88475

(4) Perform surgery or practice medicine in any other form.

88476

Sec. 4731.171. In addition to any other eligibility	88477
requirement set forth in this chapter, each applicant for a	88478
certificate to practice massage therapy or cosmetic therapy shall	88479
comply with sections 4776.01 to 4776.04 of the Revised Code. The	88480
state medical board shall not grant to an applicant a certificate	88481
to practice massage therapy or cosmetic therapy unless the board,	88482
in its discretion, decides that the results of the criminal	88483
records check do not make the applicant ineligible for a	88484
certificate issued pursuant to section ~~4731.18~~4731.17 of the	88485
Revised Code.	88486

Sec. 4731.19. (A) ~~The state medical board shall determine the~~	88487
~~standing of the schools, colleges, or institutions giving~~	88488
~~instruction in the limited branches of medicine of massage therapy~~	88489
~~and cosmetic therapy.~~	88490

~~(B) An applicant for~~A person seeking a certificate to	88491
practice a limited branch of medicine shall~~, as a condition of~~	88492
~~admission to the examination, have~~file with the state medical	88493
board an application in a manner prescribed by the board. The	88494
application shall include or be accompanied by evidence of all of	88495
the following:	88496

(1) That the applicant is at least eighteen years of age and	88497
of good moral character;	88498

(2) That the applicant has attained high school graduation or	88499
its equivalent;	88500

(3) That the applicant holds one of the following:

88501

~~(1)~~(a) A diploma or certificate from a school, college, or	88502
institution in good standing as determined by the board, showing	88503
the completion of the required courses of instruction;	88504

~~(2)~~(b) A ~~current license, registration, or certificate that~~	88505
~~is in good standing in another state for massage therapy or~~	88506
~~cosmetic therapy, as applicable;~~	88507

~~(3) Certification from a national certification body and a~~	88508
diploma or certificate from a school, college, or institution in	88509
another state or jurisdiction showing completion of a course of	88510
instruction that meets course requirements determined by the board	88511
through rules adopted under section 4731.05 of the Revised Code.	88512

~~The entrance examiner of the board shall determine the~~	88513
~~sufficiency of the preliminary education of applicants for a~~	88514
~~certificate to practice massage therapy or cosmetic therapy in the~~	88515
~~same manner that sufficiency of preliminary education is~~	88516
~~determined under section 4731.09 of the Revised Code, except that~~	88517
~~the board may adopt rules defining and establishing for the~~	88518
~~limited branch of medicine preliminary educational requirements~~	88519
~~that are less exacting than those prescribed by such section, as~~	88520
~~the nature of the case may require~~;	88521

(c) For not less than five years preceding application, a	88522
current license, registration, or certificate in good standing in	88523
another state for massage therapy or cosmetic therapy.	88524

(4) Evidence that the applicant has successfully passed an	88525
examination, prescribed in rules described in section 4731.16 of	88526
the Revised Code, to determine competency to practice the	88527
applicable limited branch of medicine;	88528

(5) An affidavit signed by the applicant attesting to the	88529
accuracy and truthfulness of information submitted under this	88530
section and consenting to release of information;	88531

(6) Any other information the board requires.

88532

(B) An applicant for a certificate to practice a limited	88533
branch of medicine shall comply with the requirements of section	88534
4731.171 of the Revised Code.	88535

(C) At the time of making application for a certificate to	88536
practice a limited branch of medicine, the applicant shall pay to	88537
the board a fee of one hundred fifty dollars, no part of which	88538
shall be returned. No application shall be considered filed until	88539
the board receives the appropriate fee.	88540

(D) The board may investigate the application materials	88541
received under this section and contact any agency or organization	88542
for recommendations or other information about the applicant.	88543

Sec. 4731.222. Before restoring to good standing a	88544
certificate issued under this chapter that has been in a suspended	88545
or inactive state for any cause for more than two years, or before	88546
issuing a certificate pursuant to section ~~4731.18,~~ 4731.29,	88547
4731.295, 4731.57, or 4731.571 of the Revised Code to an applicant	88548
who for more than two years has not been engaged in the practice	88549
of medicine, osteopathic medicine, podiatric medicine and surgery,	88550
or a limited branch of medicine as an active practitioner, as a	88551
participant in a program of graduate medical education, as defined	88552
in section 4731.091 of the Revised Code, as a student in a college	88553
of podiatry determined by the board to be in good standing, or as	88554
a student in a school, college, or institution giving instruction	88555
in a limited branch of medicine determined by the board to be in	88556
good standing under section 4731.19 of the Revised Code, the state	88557
medical board may require the applicant to pass an oral or written	88558
examination, or both, to determine the applicant's present fitness	88559
to resume practice.	88560

The authority of the board to impose terms and conditions	88561
includes the following:	88562

(A) Requiring the applicant to obtain additional training and	88563
to pass an examination upon completion of such training;	88564

(B) Restricting or limiting the extent, scope, or type of	88565
practice of the applicant.	88566

The board shall consider the moral background and the	88567
activities of the applicant during the period of suspension or	88568
inactivity, in accordance with section 4731.08 of the Revised	88569
Code. The board shall not restore a certificate under this section	88570
unless the applicant complies with sections 4776.01 to 4776.04 of	88571
the Revised Code.	88572

Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the	88573
Revised Code:	88574

(A)(1) "Clinical laboratory services" means either of the	88575
following:	88576

(a) Any examination of materials derived from the human body	88577
for the purpose of providing information for the diagnosis,	88578
prevention, or treatment of any disease or impairment or for the	88579
assessment of health;	88580

(b) Procedures to determine, measure, or otherwise describe	88581
the presence or absence of various substances or organisms in the	88582
body.	88583

(2) "Clinical laboratory services" does not include the mere	88584
collection or preparation of specimens.	88585

(B) "Designated health services" means any of the following:

88586

(1) Clinical laboratory services;

88587

(2) Home health care services;

88588

(3) Outpatient prescription drugs.

88589

(C) "Fair market value" means the value in arms-length	88590
transactions, consistent with general market value and:	88591

(1) With respect to rentals or leases, the value of rental	88592
property for general commercial purposes, not taking into account	88593
its intended use;	88594

(2) With respect to a lease of space, not adjusted to reflect	88595
the additional value the prospective lessee or lessor would	88596
attribute to the proximity or convenience to the lessor if the	88597
lessor is a potential source of referrals to the lessee.	88598

(D) "Governmental health care program" means any program	88599
providing health care benefits that is administered by the federal	88600
government, this state, or a political subdivision of this state,	88601
including the medicare program established under Title XVIII of	88602
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	88603
as amended, health care coverage for public employees, health care	88604
benefits administered by the bureau of workers' compensation, and	88605
the medicaid program established under Chapter 5111. of the	88606
Revised Code~~, and the children's buy-in program established under~~	88607
~~sections 5101.5211 to 5101.5216 of the Revised Code~~.	88608

(E)(1) "Group practice" means a group of two or more holders	88609
of certificates under this chapter legally organized as a	88610
partnership, professional corporation or association, limited	88611
liability company, foundation, nonprofit corporation, faculty	88612
practice plan, or similar group practice entity, including an	88613
organization comprised of a nonprofit medical clinic that	88614
contracts with a professional corporation or association of	88615
physicians to provide medical services exclusively to patients of	88616
the clinic in order to comply with section 1701.03 of the Revised	88617
Code and including a corporation, limited liability company,	88618
partnership, or professional association described in division (B)	88619
of section 4731.226 of the Revised Code formed for the purpose of	88620
providing a combination of the professional services of	88621
optometrists who are licensed, certificated, or otherwise legally	88622
authorized to practice optometry under Chapter 4725. of the	88623
Revised Code, chiropractors who are licensed, certificated, or	88624
otherwise legally authorized to practice chiropractic or	88625
acupuncture under Chapter 4734. of the Revised Code, psychologists	88626
who are licensed, certificated, or otherwise legally authorized to	88627
practice psychology under Chapter 4732. of the Revised Code,	88628
registered or licensed practical nurses who are licensed,	88629
certificated, or otherwise legally authorized to practice nursing	88630
under Chapter 4723. of the Revised Code, pharmacists who are	88631
licensed, certificated, or otherwise legally authorized to	88632
practice pharmacy under Chapter 4729. of the Revised Code,	88633
physical therapists who are licensed, certificated, or otherwise	88634
legally authorized to practice physical therapy under sections	88635
4755.40 to 4755.56 of the Revised Code, occupational therapists	88636
who are licensed, certificated, or otherwise legally authorized to	88637
practice occupational therapy under sections 4755.04 to 4755.13 of	88638
the Revised Code, mechanotherapists who are licensed,	88639
certificated, or otherwise legally authorized to practice	88640
mechanotherapy under section 4731.151 of the Revised Code, and	88641
doctors of medicine and surgery, osteopathic medicine and surgery,	88642
or podiatric medicine and surgery who are licensed, certificated,	88643
or otherwise legally authorized for their respective practices	88644
under this chapter, to which all of the following apply:	88645

(a) Each physician who is a member of the group practice	88646
provides substantially the full range of services that the	88647
physician routinely provides, including medical care,	88648
consultation, diagnosis, or treatment, through the joint use of	88649
shared office space, facilities, equipment, and personnel.	88650

(b) Substantially all of the services of the members of the	88651
group are provided through the group and are billed in the name of	88652
the group and amounts so received are treated as receipts of the	88653
group.	88654

(c) The overhead expenses of and the income from the practice	88655
are distributed in accordance with methods previously determined	88656
by members of the group.	88657

(d) The group practice meets any other requirements that the	88658
state medical board applies in rules adopted under section 4731.70	88659
of the Revised Code.	88660

(2) In the case of a faculty practice plan associated with a	88661
hospital with a medical residency training program in which	88662
physician members may provide a variety of specialty services and	88663
provide professional services both within and outside the group,	88664
as well as perform other tasks such as research, the criteria in	88665
division (E)(1) of this section apply only with respect to	88666
services rendered within the faculty practice plan.	88667

(F) "Home health care services" and "immediate family" have	88668
the same meanings as in the rules adopted under section 4731.70 of	88669
the Revised Code.	88670

(G) "Hospital" has the same meaning as in section 3727.01 of	88671
the Revised Code.	88672

(H) A "referral" includes both of the following:

88673

(1) A request by a holder of a certificate under this chapter	88674
for an item or service, including a request for a consultation	88675
with another physician and any test or procedure ordered by or to	88676
be performed by or under the supervision of the other physician;	88677

(2) A request for or establishment of a plan of care by a	88678
certificate holder that includes the provision of designated	88679
health services.	88680

(I) "Third-party payer" has the same meaning as in section	88681
3901.38 of the Revised Code.	88682

Sec. 4731.71. The auditor of state may implement procedures	88683
to detect violations of section 4731.66 or 4731.69 of the Revised	88684
Code within governmental health care programs administered by the	88685
state. The auditor of state shall report any violation of either	88686
section to the state medical board and shall certify to the	88687
attorney general in accordance with section 131.02 of the Revised	88688
Code the amount of any refund owed to a state-administered	88689
governmental health care program under section 4731.69 of the	88690
Revised Code as a result of a violation. If a refund is owed to	88691
the medicaid program established under Chapter 5111. of the	88692
Revised Code ~~or the children's buy-in program established under~~	88693
~~sections 5101.5211 to 5101.5216 of the Revised Code~~, the auditor	88694
of state also shall report the amount to the department of job and	88695
family services.	88696

The state medical board also may implement procedures to	88697
detect violations of section 4731.66 or 4731.69 of the Revised	88698
Code.	88699

Sec. 4733.15. (A) Registration expires ~~annually~~ on the last	88700
day of December ~~following initial registration or renewal of~~	88701
~~registration~~2011, and becomes invalid on that date unless renewed	88702
~~pursuant to this section and the standard renewal procedure of~~	88703
~~sections 4745.01 to 4745.03 of the Revised Code~~. For renewals	88704
after that date, registration expires biennially on the last day	88705
of December following initial registration or renewal of	88706
registration and becomes invalid on that date unless renewed.	88707
Renewal may be effected ~~at any time prior to the date of~~	88708
~~expiration for a period of one year~~ by the applicant's payment to	88709
the treasurer of state of a fee of ~~twenty~~forty dollars for a	88710
renewal of registration as either a professional engineer or	88711
professional surveyor and~~, for renewals for calendar year 2008 and~~	88712
~~thereafter,~~ demonstration of completion of the continuing	88713
professional development requirements of section 4733.151 of the	88714
Revised Code. When notified as required in this section, a	88715
registrant's failure to renew registration shall not deprive the	88716
registrant of the right of renewal within the following twelve	88717
months, but the fee to renew a registration within twelve months	88718
after expiration shall be increased fifty per cent, and the	88719
registrant shall certify completion of continuing professional	88720
development hours as required in section 4733.151 of the Revised	88721
Code.	88722

The state board of registration for professional engineers	88723
and surveyors may, upon request, waive the payment of renewal fees	88724
or the completion of continuing professional development	88725
requirements for a registrant during the period when the	88726
registrant is on active duty in connection with any branch of the	88727
armed forces of the United States.	88728

(B) Each certificate of authorization issued pursuant to	88729
section 4733.16 of the Revised Code shall authorize the holder to	88730
provide professional engineering or professional surveying	88731
services, through the registered professional engineer or	88732
professional surveyor designated as being in responsible charge of	88733
the professional engineering or professional surveying practice,	88734
from the date of issuance until the last day of June next	88735
succeeding the date upon which the certificate was issued, unless	88736
the certificate has been revoked or suspended for cause as	88737
provided in section 4733.20 of the Revised Code or has been	88738
suspended pursuant to section 3123.47 of the Revised Code.	88739

(C) If a registrant fails to renew registration as provided	88740
under division (A) of this section, renewal and reinstatement may	88741
be effected under rules the board adopts regarding requirements	88742
for reexamination or reapplication, and reinstatement penalty	88743
fees. The board may require a registrant who fails to renew	88744
registration to complete ~~those~~the required hours of continuing	88745
professional development ~~required from the effective date of this~~	88746
~~section,~~ as a condition of renewal and reinstatement if the	88747
registrant seeks renewal and reinstatement under this division on	88748
~~or after January 1, 2009~~.	88749

Sec. 4733.151. (A) ~~Each~~For registrations expiring on the	88750
last day of December 2011, each registrant for renewal ~~for~~	88751
~~calendar year 2008 and thereafter~~ shall have completed, ~~within the~~	88752
~~preceding~~in calendar year 2011, at least fifteen hours of	88753
continuing professional development for professional engineers and	88754
surveyors. Thereafter, each registrant shall complete at least	88755
thirty hours of continuing professional development during the	88756
two-year period immediately preceding the biennial renewal	88757
expiration date.	88758

(B) The continuing professional development requirement may	88759
be satisfied by coursework or activities dealing with technical,	88760
ethical, or managerial topics relevant to the practice of	88761
engineering or surveying. A registrant may earn continuing	88762
professional development hours by completing or teaching	88763
university or college level coursework, attending seminars,	88764
workshops, or conferences, authoring relevant published papers,	88765
articles, or books, receiving patent awards, or actively	88766
participating in professional or technical societies serving the	88767
engineering or surveying professions.	88768

In the case of the board disputing the content of any credit	88769
hours or coursework, then the board shall presume as a matter of	88770
law that any credit hours submitted by a registrant, or any	88771
coursework or activity submitted for approval, complies with this	88772
section if submitted and if a statement signed by a current	88773
registrant not otherwise participating in the event, affirms that	88774
the material is relevant to the registrant's practice and will	88775
assist the registrant's development in the profession.	88776

Credit for university or college level coursework shall be	88777
based on the credit established by the university or college. One	88778
semester hour as established by the university or college shall be	88779
the equivalent of forty-five hours of continuing professional	88780
development, and one quarter hour as established by the university	88781
or college shall be the equivalent of thirty hours of continuing	88782
professional development.	88783

Credit for seminars, workshops, or conferences offering	88784
continuing education units shall be based on the units awarded by	88785
the organization presenting the seminar, workshop, or conference.	88786
A registrant may earn ten continuing professional development	88787
hours for each continuing education unit awarded. Each hour of	88788
attendance at a seminar, workshop, or conference for which no	88789
continuing education units are offered shall be the equivalent of	88790
one continuing professional development hour.	88791

A registrant may earn two continuing professional development	88792
hours for each year of service as an officer or active committee	88793
member of a professional or technical society or association that	88794
represents registrants or entities composed of registrants. A	88795
registrant may earn ten continuing professional development hours	88796
for authoring relevant published papers, articles, or books. A	88797
registrant may earn ten continuing professional development hours	88798
for each such published paper, article, or book. A registrant may	88799
earn ten continuing professional development hours for each patent	88800
award.	88801

(C) A person registered as both a professional engineer and	88802
professional surveyor shall complete at least ~~five~~ten of the	88803
~~fifteen~~thirty hours required under division (A) of this section	88804
in engineering-related coursework or activities and at least ~~five~~	88805
ten of those ~~fifteen~~thirty hours in surveying-related coursework	88806
or activities.	88807

(D) A registrant is exempt from the continuing professional	88808
development requirements of this section during the first calendar	88809
year of registration.	88810

(E) A registrant who completes more than ~~fifteen~~thirty hours	88811
of approved coursework or activities in ~~any calendar year~~a	88812
biennial renewal period may carry forward to the next ~~calendar~~	88813
~~year~~biennial renewal period a maximum of fifteen of the excess	88814
hours.	88815

(F) A registrant shall maintain records to demonstrate	88816
completion of the continuing professional development requirements	88817
specified in this section for a period of ~~three~~four calendar	88818
years beyond the year in which certification of the completion of	88819
the requirements is obtained by the registrant. The records shall	88820
include all of the following:	88821

(1) A log specifying the type of coursework or activity, its	88822
location and duration along with the instructor's name, and the	88823
number of continuing professional development hours earned;	88824

(2) Certificates of completion or other evidence verifying	88825
attendance.	88826

(G) The records specified in division (F) of this section may	88827
be audited at any time by the state board of registration for	88828
professional engineers and surveyors. If the board discovers that	88829
a registrant has failed to complete coursework or activities, it	88830
shall notify the registrant of the deficiencies and allow the	88831
registrant six months from the date of the notice to rectify the	88832
deficiencies and to provide the board with evidence of	88833
satisfactory completion of the continuing professional development	88834
requirements. If the registrant fails to provide such evidence	88835
within that six-month period, the board may revoke or suspend the	88836
registration after offering an adjudication hearing in accordance	88837
with Chapter 119. of the Revised Code.	88838

Sec. 4735.01. As used in this chapter:

88839

(A) "Real estate broker" includes any person, partnership,	88840
association, limited liability company, limited liability	88841
partnership, or corporation, foreign or domestic, who for another,	88842
whether pursuant to a power of attorney or otherwise, and who for	88843
a fee, commission, or other valuable consideration, or with the	88844
intention, or in the expectation, or upon the promise of receiving	88845
or collecting a fee, commission, or other valuable consideration	88846
does any of the following:	88847

(1) Sells, exchanges, purchases, rents, or leases, or	88848
negotiates the sale, exchange, purchase, rental, or leasing of any	88849
real estate;	88850

(2) Offers, attempts, or agrees to negotiate the sale,	88851
exchange, purchase, rental, or leasing of any real estate;	88852

(3) Lists, or offers, attempts, or agrees to list, or	88853
auctions, or offers, attempts, or agrees to auction, any real	88854
estate;	88855

(4) Buys or offers to buy, sells or offers to sell, or	88856
otherwise deals in options on real estate;	88857

(5) Operates, manages, or rents, or offers or attempts to	88858
operate, manage, or rent, other than as custodian, caretaker, or	88859
janitor, any building or portions of buildings to the public as	88860
tenants;	88861

(6) Advertises or holds self out as engaged in the business	88862
of selling, exchanging, purchasing, renting, or leasing real	88863
estate;	88864

(7) Directs or assists in the procuring of prospects or the	88865
negotiation of any transaction, other than mortgage financing,	88866
which does or is calculated to result in the sale, exchange,	88867
leasing, or renting of any real estate;	88868

(8) Is engaged in the business of charging an advance fee or	88869
contracting for collection of a fee in connection with any	88870
contract whereby the broker undertakes primarily to promote the	88871
sale, exchange, purchase, rental, or leasing of real estate	88872
through its listing in a publication issued primarily for such	88873
purpose, or for referral of information concerning such real	88874
estate to brokers, or both, except that this division does not	88875
apply to a publisher of listings or compilations of sales of real	88876
estate by their owners;	88877

(9) Collects rental information for purposes of referring	88878
prospective tenants to rental units or locations of such units and	88879
charges the prospective tenants a fee.	88880

(B) "Real estate" includes leaseholds as well as any and	88881
every interest or estate in land situated in this state, whether	88882
corporeal or incorporeal, whether freehold or nonfreehold, and the	88883
improvements on the land, but does not include cemetery interment	88884
rights.	88885

(C) "Real estate salesperson" means any person associated	88886
with a licensed real estate broker to do or to deal in any acts or	88887
transactions set out or comprehended by the definition of a real	88888
estate broker, for compensation or otherwise.	88889

(D) "Institution of higher education" means either of the	88890
following:	88891

(1) A nonprofit institution as defined in section 1713.01 of	88892
the Revised Code that actually awards, rather than intends to	88893
award, degrees for fulfilling requirements of academic work beyond	88894
high school;	88895

(2) An institution operated for profit that otherwise	88896
qualifies under the definition of an institution in section	88897
1713.01 of the Revised Code and that actually awards, rather than	88898
intends to award, degrees for fulfilling requirements of academic	88899
work beyond high school.	88900

(E) "Foreign real estate" means real estate not situated in	88901
this state and any interest in real estate not situated in this	88902
state.	88903

(F) "Foreign real estate dealer" includes any person,	88904
partnership, association, limited liability company, limited	88905
liability partnership, or corporation, foreign or domestic, who	88906
for another, whether pursuant to a power of attorney or otherwise,	88907
and who for a fee, commission, or other valuable consideration, or	88908
with the intention, or in the expectation, or upon the promise of	88909
receiving or collecting a fee, commission, or other valuable	88910
consideration, does or deals in any act or transaction specified	88911
or comprehended in division (A) of this section with respect to	88912
foreign real estate.	88913

(G) "Foreign real estate salesperson" means any person	88914
associated with a licensed foreign real estate dealer to do or	88915
deal in any act or transaction specified or comprehended in	88916
division (A) of this section with respect to foreign real estate,	88917
for compensation or otherwise.	88918

(H) Any person, partnership, association, limited liability	88919
company, limited liability partnership, or corporation, who, for	88920
another, in consideration of compensation, by fee, commission,	88921
salary, or otherwise, or with the intention, in the expectation,	88922
or upon the promise of receiving or collecting a fee, does, or	88923
offers, attempts, or agrees to engage in, any single act or	88924
transaction contained in the definition of a real estate broker,	88925
whether an act is an incidental part of a transaction, or the	88926
entire transaction, shall be constituted a real estate broker or	88927
real estate salesperson under this chapter.	88928

(I)(1) The terms "real estate broker," "real estate	88929
salesperson," "foreign real estate dealer," and "foreign real	88930
estate salesperson" do not include a person, partnership,	88931
association, limited liability company, limited liability	88932
partnership, or corporation, or the regular employees thereof, who	88933
perform any of the acts or transactions specified or comprehended	88934
in division (A) of this section, whether or not for, or with the	88935
intention, in expectation, or upon the promise of receiving or	88936
collecting a fee, commission, or other valuable consideration:	88937

~~(1)~~(a) With reference to real estate situated in this state	88938
~~or any interest in it~~ owned by such person, partnership,	88939
association, limited liability company, limited liability	88940
partnership, or corporation, or acquired on its own account in the	88941
regular course of, or as an incident to the management of the	88942
property and the investment in it;	88943

~~(2)~~(b) As receiver or trustee in bankruptcy, as guardian,	88944
executor, administrator, trustee, assignee, commissioner, or any	88945
person doing the things mentioned in this section, under authority	88946
or appointment of, or incident to a proceeding in, any court, or	88947
as a bona fide public officer, or as executor, trustee, or other	88948
bona fide fiduciary under any trust agreement, deed of trust,	88949
will, or other instrument that has been executed in good faith	88950
creating a like bona fide fiduciary obligation;	88951

~~(3)~~(c) As a public officer while performing the officer's	88952
official duties;	88953

~~(4)~~(d) As an attorney at law in the performance of the	88954
attorney's duties;	88955

~~(5)~~(e) As a person who engages in the brokering of the sale	88956
of business assets, not including the ~~negotiation of the~~ sale,	88957
lease, exchange, or assignment of any interest in real estate;	88958

~~(6)~~(f) As a person who engages in the sale of manufactured	88959
homes as defined in division (C)(4) of section 3781.06 of the	88960
Revised Code, or of mobile homes as defined in division (O) of	88961
section 4501.01 of the Revised Code, provided the sale does not	88962
include the negotiation, sale, lease, exchange, or assignment of	88963
any interest in real estate;	88964

~~(7)~~(g) As a person who engages in the sale of commercial real	88965
estate pursuant to the requirements of section 4735.022 of the	88966
Revised Code.	88967

(2) A person, partnership, association, limited liability	88968
company, limited liability partnership, or corporation exempt	88969
under division (I)(1)(a) of this section shall be limited by the	88970
legal interest in the real estate held by that person or entity to	88971
performing any of the acts or transactions specified in or	88972
comprehended by division (A) of this section.	88973

(J) "~~Physically handicapped~~Disabled licensee" means a person	88974
licensed pursuant to this chapter who is under a severe ~~physical~~	88975
disability which is of such a nature as to prevent the person from	88976
being able to attend any instruction lasting at least three hours	88977
in duration.	88978

(K) "Division of real estate" may be used interchangeably	88979
with, and for all purposes has the same meaning as, "division of	88980
real estate and professional licensing."	88981

(L) "Superintendent" or "superintendent of real estate" means	88982
the superintendent of the division of real estate and professional	88983
licensing of this state. Whenever the division or superintendent	88984
of real estate is referred to or designated in any statute, rule,	88985
contract, or other document, the reference or designation shall be	88986
deemed to refer to the division or superintendent of real estate	88987
and professional licensing, as the case may be.	88988

(M) "Inactive license" means the license status in which a	88989
salesperson's license is in the possession of the division,	88990
renewed as required under this chapter or rules adopted under this	88991
chapter, and not associated with a real estate broker.	88992

(N) "Broker's license on deposit" means the license status in	88993
which a broker's license is in the possession of the division of	88994
real estate and professional licensing and renewed as required	88995
under this chapter or rules adopted under this chapter.	88996

(O) "Suspended license" means the license status that	88997
prohibits a licensee from providing services that require a	88998
license under this chapter for a specified interval of time.	88999

(P) "Reactivate" means the process prescribed by the	89000
superintendent of real estate and professional licensing to remove	89001
a license from an inactive, voluntary hold, suspended, or broker's	89002
license on deposit status to allow a licensee to provide services	89003
that require a license under this chapter.	89004

(Q) "Revoked" means the license status in which the license	89005
is void and not eligible for reactivation.	89006

(R) "Commercial real estate" means any parcel of real estate	89007
in this state other than real estate containing one to four	89008
residential units. "Commercial real estate" does not include	89009
single-family residential units such as condominiums, townhouses,	89010
manufactured homes, or homes in a subdivision when sold, leased,	89011
or otherwise conveyed on a unit-by-unit basis, even when those	89012
units are a part of a larger building or parcel of real estate	89013
containing more than four residential units.	89014

(S) "Out-of-state commercial broker" includes any person,	89015
partnership, association, limited liability company, limited	89016
liability partnership, or corporation that is licensed to do	89017
business as a real estate broker in a jurisdiction other than	89018
Ohio.	89019

(T) "Out-of-state commercial salesperson" includes any person	89020
affiliated with an out-of-state commercial broker who is not	89021
licensed as a real estate salesperson in Ohio.	89022

(U) "Exclusive right to sell or lease listing agreement"	89023
means an agency agreement between a seller and broker that meets	89024
the requirements of section 4735.55 of the Revised Code and does	89025
both of the following:	89026

(1) Grants the broker the exclusive right to represent the	89027
seller in the sale or lease of the seller's property;	89028

(2) Provides the broker will be compensated if the broker,	89029
the seller, or any other person or entity produces a purchaser or	89030
tenant in accordance with the terms specified in the listing	89031
agreement or if the property is sold or leased during the term of	89032
the listing agreement to anyone other than to specifically	89033
exempted persons or entities.	89034

(V) "Exclusive agency agreement" means an agency agreement	89035
between a seller and broker that meets the requirements of section	89036
4735.55 of the Revised Code and does both of the following:	89037

(1) Grants the broker the exclusive right to represent the	89038
seller in the sale or lease of the seller's property;	89039

(2) Provides the broker will be compensated if the broker or	89040
any other person or entity produces a purchaser or tenant in	89041
accordance with the terms specified in the listing agreement or if	89042
the property is sold or leased during the term of the listing	89043
agreement, unless the property is sold or leased solely through	89044
the efforts of the seller or to the specifically exempted persons	89045
or entities.	89046

(W) "Exclusive purchaser agency agreement" means an agency	89047
agreement between a purchaser and broker that meets the	89048
requirements of section 4735.55 of the Revised Code and does both	89049
of the following:	89050

(1) Grants the broker the exclusive right to represent the	89051
purchaser in the purchase or lease of property;	89052

(2) Provides the broker will be compensated in accordance	89053
with the terms specified in the exclusive agency agreement or if a	89054
property is purchased or leased by the purchaser during the term	89055
of the agency agreement unless the property is specifically	89056
exempted in the agency agreement.	89057

The agreement may authorize the broker to receive	89058
compensation from the seller or the seller's agent and may provide	89059
that the purchaser is not obligated to compensate the broker if	89060
the property is purchased or leased solely through the efforts of	89061
the purchaser.	89062

(X) "Seller" means a party in a real estate transaction who	89063
is the potential transferor of property. "Seller" includes an	89064
owner of property who is seeking to sell the property and a	89065
landlord who is seeking to rent or lease property to another	89066
person.	89067

(Y) "Voluntary hold" means the license status in which a	89068
license is in the possession of the division of real estate and	89069
professional licensing for a period of not more than twelve months	89070
pursuant to section 4735.142 of the Revised Code, is not renewed	89071
in accordance with the requirements specified in this chapter or	89072
the rules adopted pursuant to it, and is not associated with a	89073
real estate broker.	89074

(Z) "Resigned" means the license status in which a license	89075
has been voluntarily surrendered to or is otherwise in the	89076
possession of the division of real estate and professional	89077
licensing, is not renewed in accordance with the requirements	89078
specified in this chapter or the rules adopted pursuant to it, and	89079
is not associated with a real estate broker.	89080

(AA) "Bona fide" means made in good faith or without purpose	89081
of circumventing license law.	89082

Sec. 4735.02. (A) Except as provided in section 4735.022 of	89083
the Revised Code, no person, partnership, association, limited	89084
liability company, limited liability partnership, or corporation	89085
shall act as a real estate broker or real estate salesperson, or	89086
advertise or assume to act as such, without first being licensed	89087
as provided in this chapter. No person, partnership, association,	89088
limited liability company, limited liability partnership, or	89089
corporation shall provide services that require a license under	89090
this chapter if the licensee's license is inactive, suspended,	89091
placed on voluntary hold, resigned, or a broker's license on	89092
deposit, or if the license has been revoked. Nothing contained in	89093
this chapter shall be construed as authorizing a real estate	89094
broker or salesperson to perform any service constituting the	89095
practice of law.	89096

(B) No partnership, association, limited liability company,	89097
limited liability partnership, or corporation holding a real	89098
estate license shall employ as an officer, director, manager, or	89099
principal employee any person previously holding a license as a	89100
real estate broker, real estate salesperson, foreign real estate	89101
dealer, or foreign real estate salesperson, whose license has been	89102
placed in inactive, voluntary hold, or resigned status, or is	89103
suspended, or revoked and who has not thereafter reactivated the	89104
license or received a new license.	89105

Sec. 4735.03. There is hereby created the Ohio real estate	89106
commission, consisting of five members who shall be appointed by	89107
the governor, with the advice and consent of the senate. Four	89108
members shall have been engaged in the real estate business as	89109
licensed real estate brokers in the state for a period of ten	89110
years immediately preceding the appointment. One member shall	89111
represent the public. Terms of office shall be for five years,	89112
commencing on the first day of July and ending on the thirtieth	89113
day of June. Each member shall hold office from the date of	89114
appointment until the end of the term for which appointed. No more	89115
than three members shall be members of any one political party and	89116
no member of the commission concurrently may be a member of the	89117
commission and the real estate appraiser board created pursuant to	89118
section 4763.02 of the Revised Code. Each member, before entering	89119
upon the duties of office, shall subscribe to and file with the	89120
secretary of state the constitutional oath of office. All	89121
vacancies which occur shall be filled in the manner prescribed for	89122
the regular appointments to the commission. Any member appointed	89123
to fill a vacancy occurring prior to the expiration of the term	89124
for which the member's predecessor was appointed shall hold office	89125
for the remainder of such term. Any member shall continue in	89126
office subsequent to the expiration date of the member's term	89127
until the member's successor takes office, or until a period of	89128
sixty days has elapsed, whichever occurs first. No member shall	89129
hold office for more than two consecutive full terms. Annually,	89130
upon the qualification of the member appointed in such year, the	89131
commission shall organize by selecting from its members a	89132
president and vice-president, and shall do all things necessary	89133
and proper to carry out and enforce this chapter. A majority of	89134
the members of the commission shall constitute a quorum, but a	89135
lesser number may adjourn from time to time. Each member of the	89136
commission shall receive an amount fixed pursuant to section	89137
124.14 of the Revised Code for each day employed in the discharge	89138
of official duties, and the member's actual and necessary expenses	89139
incurred in the discharge of those duties.	89140

The commission or the superintendent of real estate may	89141
investigate complaints concerning the violation of section 4735.02	89142
or 4735.25 of the Revised Code and may subpoena witnesses in	89143
connection with such investigations as provided in section 4735.04	89144
of the Revised Code. The commission or the superintendent may make	89145
application to the appropriate court for an order enjoining the	89146
violation of section 4735.02 or 4735.25 of the Revised Code, and	89147
upon a showing by the commission or the superintendent that any	89148
person, firm, partnership, association, limited liability company,	89149
limited liability partnership, or corporation has violated or is	89150
about to violate section 4735.02 or 4735.25 of the Revised Code,	89151
an injunction, restraining order, or such other order as may be	89152
appropriate shall be granted by such court.	89153

The commission shall:

89154

(A) Adopt canons of ethics for the real estate industry;

89155

(B) Upon appeal by any party affected, or may upon its own	89156
motion, review any order or application determination of the	89157
superintendent, and may reverse, vacate, or modify any order of	89158
the superintendent;	89159

(C) Administer the real estate education and research fund	89160
and hear appeals from orders of the superintendent regarding	89161
claims against that fund or against the real estate recovery fund;	89162

(D) Direct the superintendent on the content, scheduling,	89163
instruction, and offerings of real estate courses for salesperson	89164
and broker educational requirements;	89165

(E) Disseminate to licensees and the public, information	89166
relative to commission activities and decisions;	89167

(F) Notify licensees of changes in state and federal civil	89168
rights laws pertaining to discrimination in the purchase or sale	89169
of real estate and relevant case law, and inform licensees that	89170
they are subject to disciplinary action if they do not comply with	89171
the changes;	89172

(G) Publish and furnish to public libraries and to brokers	89173
booklets on housing and remedies available to dissatisfied clients	89174
under this chapter and Chapter 4112. of the Revised Code;	89175

(H) Provide training to commission members and employees of	89176
the division of real estate and professional licensing on issues	89177
relative to the real estate industry, which may include but not be	89178
limited to investigative techniques, real estate law, and real	89179
estate practices and procedures.	89180

Sec. 4735.05. (A) The Ohio real estate commission is a part	89181
of the department of commerce for administrative purposes. The	89182
director of commerce is ex officio the executive officer of the	89183
commission, or the director may designate any employee of the	89184
department as superintendent of real estate and professional	89185
licensing to act as executive officer of the commission.	89186

The commission and the real estate appraiser board created	89187
pursuant to section 4763.02 of the Revised Code shall each submit	89188
to the director a list of three persons whom the commission and	89189
the board consider qualified to be superintendent within sixty	89190
days after the office of superintendent becomes vacant. The	89191
director shall appoint a superintendent from the lists submitted	89192
by the commission and the board, and the superintendent shall	89193
serve at the pleasure of the director.	89194

(B) The superintendent, except as otherwise provided, shall	89195
do all of the following in regard to this chapter:	89196

(1) Administer this chapter;

89197

(2) Issue all orders necessary to implement this chapter;

89198

(3) Investigate complaints concerning the violation of this	89199
chapter or the conduct of any licensee;	89200

(4) Establish and maintain an investigation and audit section	89201
to investigate complaints and conduct inspections, audits, and	89202
other inquiries as in the judgment of the superintendent are	89203
appropriate to enforce this chapter. The investigators or auditors	89204
have the right to review and audit the business records of	89205
licensees and continuing education course providers during normal	89206
business hours.	89207

(5) Appoint a hearing examiner for any proceeding involving	89208
disciplinary action under section 3123.47, 4735.052, or 4735.18 of	89209
the Revised Code;	89210

(6) Administer the real estate recovery fund.

89211

89212

(1) In connection with investigations and audits under	89213
division (B) of this section, subpoena witnesses as provided in	89214
section 4735.04 of the Revised Code;	89215

(2) Apply to the appropriate court to enjoin any violation of	89216
this chapter. Upon a showing by the superintendent that any person	89217
has violated or is about to violate any provision of this chapter,	89218
the court shall grant an injunction, restraining order, or other	89219
appropriate order.	89220

(3) Upon the death of a licensed broker or the revocation or	89221
suspension of the broker's license, if there is no other licensed	89222
broker within the business entity of the broker, appoint upon	89223
application by any interested party, or, in the case of a deceased	89224
broker, subject to the approval by the appropriate probate court,	89225
recommend the appointment of, an ancillary trustee who is	89226
qualified as determined by the superintendent to conclude the	89227
business transactions of the deceased, revoked, or suspended	89228
broker;	89229

(4) In conjunction with the enforcement of this chapter, when	89230
the superintendent of real estate has reasonable cause to believe	89231
that an applicant or licensee has committed a criminal offense,	89232
the superintendent of real estate may request the superintendent	89233
of the bureau of criminal identification and investigation to	89234
conduct a criminal records check of the applicant or licensee. The	89235
superintendent of the bureau of criminal identification and	89236
investigation shall obtain information from the federal bureau of	89237
investigation as part of the criminal records check of the	89238
applicant or licensee. The superintendent of real estate may	89239
assess the applicant or licensee a fee equal to the fee assessed	89240
for the criminal records check.	89241

(5) In conjunction with the enforcement of this chapter,	89242
issue advisory letters in lieu of initiating disciplinary action	89243
under section 4735.051 or 4735.052 of the Revised Code or issuing	89244
a citation under section 4735.16 or 4735.181 of the Revised Code.	89245

(D) All information that is obtained by investigators and	89246
auditors performing investigations or conducting inspections,	89247
audits, and other inquiries pursuant to division (B)(4) of this	89248
section, from licensees, complainants, or other persons, and all	89249
reports, documents, and other work products that arise from that	89250
information and that are prepared by the investigators, auditors,	89251
or other personnel of the department, shall be held in confidence	89252
by the superintendent, the investigators and auditors, and other	89253
personnel of the department. Notwithstanding division (D) of	89254
section 2317.023 of the Revised Code, all information obtained by	89255
investigators or auditors from an informal mediation meeting held	89256
pursuant to section 4735.051 of the Revised Code, including but	89257
not limited to the agreement to mediate and the accommodation	89258
agreement, shall be held in confidence by the superintendent,	89259
investigators, auditors, and other personnel of the department.	89260

(E) This section does not prevent the division of real estate	89261
and professional licensing from releasing information relating to	89262
licensees to the superintendent of financial institutions for	89263
purposes relating to the administration of sections 1322.01 to	89264
1322.12 of the Revised Code, to the superintendent of insurance	89265
for purposes relating to the administration of Chapter 3953. of	89266
the Revised Code, to the attorney general, or to local law	89267
enforcement agencies and local prosecutors. Information released	89268
by the division pursuant to this section remains confidential.	89269

Sec. 4735.052. (A) Upon receipt of a written complaint or	89270
upon the superintendent's own motion, the superintendent may	89271
investigate any person that has allegedly violated section 4735.02	89272
or 4735.25 of the Revised Code, except that the superintendent	89273
shall not initiate an investigation, pursuant to this section, of	89274
any person who held a ~~valid~~license on voluntary hold or a	89275
suspended or inactive license under this chapter ~~any time during~~	89276
~~the twelve months preceding~~on the date of the alleged violation.	89277

(B) If, after investigation, the superintendent determines	89278
there exists reasonable evidence of a violation of section 4735.02	89279
or 4735.25 of the Revised Code, within ~~seven~~fourteen business	89280
days after that determination, the superintendent shall send the	89281
party who is the subject of the investigation, a written notice,	89282
by regular mail, that includes all of the following information:	89283

(1) A description of the activity in which the party	89284
allegedly is engaging or has engaged that is a violation of	89285
section 4735.02 or 4735.25 of the Revised Code;	89286

(2) The applicable law allegedly violated;

89287

(3) A statement informing the party that a hearing concerning	89288
the alleged violation will be held ~~at the next regularly scheduled~~	89289
~~meeting of the Ohio real estate commission, and a statement giving~~	89290
~~the date and place of that meeting;~~	89291

~~(4) A statement informing the party that the party or the~~	89292
~~party's attorney may appear in person at the hearing and present~~	89293
~~evidence and examine witnesses appearing for and against the~~	89294
~~party, or the party may submit written testimony stating any~~	89295
~~positions, arguments, or contentions~~, upon the party's request,	89296
before a hearing examiner pursuant to Chapter 119. of the Revised	89297
Code.	89298

(C) ~~The commission~~(1) If a hearing is requested, the hearing	89299
examiner shall hear the testimony of all parties present at the	89300
hearing and consider any written testimony submitted pursuant to	89301
~~division (B)(4) of~~ this section, and determine if there has been a	89302
violation of section 4735.02 or 4735.25 of the Revised Code. If	89303

(2) After the conclusion of formal hearings, the hearing	89304
examiner shall file a report of findings of fact and conclusions	89305
of law with the superintendent, the commission, the complainant,	89306
and the parties. Within twenty days of receipt of such copy of the	89307
written report of findings of fact and conclusions of law, the	89308
parties and the division may file with the commission written	89309
objections to the report, which shall be considered by the	89310
commission before approving, modifying, or disapproving the	89311
report.	89312

(3) The commission shall review the hearing examiner's report	89313
at the next regularly scheduled commission meeting held at least	89314
twenty business days after receipt of the hearing examiner's	89315
report. The commission shall hear the testimony of the complainant	89316
or the parties.	89317

(4) The commission shall decide whether to impose	89318
disciplinary sanctions upon a party for a violation of section	89319
4735.02 of the Revised Code. If the commission finds that a	89320
violation has occurred, the commission may assess a civil penalty,	89321
in an amount it determines, not to exceed one thousand dollars per	89322
violation. Each day a violation occurs or continues is a separate	89323
violation. The commission shall determine the terms of payment.	89324
The commission shall maintain a ~~transcript~~record of the	89325
proceedings of the hearing and issue a written opinion to all	89326
parties, citing its findings and grounds for any action taken.	89327

(D) Civil penalties collected under this section shall be	89328
deposited in the real estate ~~recovery~~operating fund, which is	89329
created in the state treasury under section ~~4735.12~~4735.211 of	89330
the Revised Code.	89331

(E) If a party fails to pay a civil penalty assessed pursuant	89332
to this section within the time prescribed by the commission, the	89333
superintendent shall forward to the attorney general the name of	89334
the party and the amount of the civil penalty, for the purpose of	89335
collecting that civil penalty. In addition to the civil penalty	89336
assessed pursuant to this section, the party also shall pay any	89337
fee assessed by the attorney general for collection of the civil	89338
penalty.	89339

(F) The superintendent may reserve the right to bring a civil	89340
action against a party that fails to pay a civil penalty for	89341
breach of contract in a court of competent jurisdiction.	89342

Sec. 4735.06. (A) Application for a license as a real estate	89343
broker shall be made to the superintendent of real estate on forms	89344
furnished by the superintendent and filed with the superintendent	89345
and shall be signed by the applicant or its members or officers.	89346
Each application shall state the name of the person applying and	89347
the location of the place of business for which the license is	89348
desired, and give such other information as the superintendent	89349
requires in the form of application prescribed by the	89350
superintendent.	89351

If the applicant is a partnership, limited liability company,	89352
limited liability partnership, or association, the names of all	89353
the members also shall be stated, and, if the applicant is a	89354
corporation, the names of its president and of each of its	89355
officers also shall be stated. The superintendent has the right to	89356
reject the application of any partnership, association, limited	89357
liability company, limited liability partnership, or corporation	89358
if the name proposed to be used by such partnership, association,	89359
limited liability company, limited liability partnership, or	89360
corporation is likely to mislead the public or if the name is not	89361
such as to distinguish it from the name of any existing	89362
partnership, association, limited liability company, limited	89363
liability partnership, or corporation licensed under this chapter,	89364
unless there is filed with the application the written consent of	89365
such existing partnership, association, limited liability company,	89366
limited liability partnership, or corporation, executed by a duly	89367
authorized representative of it, permitting the use of the name of	89368
such existing partnership, association, limited liability company,	89369
limited liability partnership, or corporation.	89370

(B) A fee of one hundred dollars shall accompany the	89371
application for a real estate broker's license~~, which fee includes~~	89372
~~the fee for the initial year of the licensing period, if a license~~	89373
~~is issued~~. The initial licensing period commences at the time the	89374
license is issued and ends on the applicant's first birthday	89375
thereafter. However, if the applicant was an inactive or active	89376
salesperson immediately preceding application for a broker's	89377
license, then the initial licensing period shall commence at the	89378
time the broker's license is issued and ends on the date the	89379
licensee's continuing education is due as set when the applicant	89380
was a salesperson. The application fee shall be ~~retained by the~~	89381
~~superintendent if the applicant is admitted to the examination for~~	89382
~~the license or the examination requirement is waived, but, if an~~	89383
~~applicant is not so admitted and a waiver is not involved,~~	89384
~~one-half of the fee shall be retained by the superintendent to~~	89385
~~cover the expenses of processing the application and the other~~	89386
~~one-half shall be returned to the applicant~~nonrefundable. A fee	89387
of one hundred dollars shall be charged by the superintendent for	89388
each successive application made by an applicant. In the case of	89389
issuance of a three-year license, upon passing the examination, or	89390
upon waiver of the examination requirement, if the superintendent	89391
determines it is necessary, the applicant shall submit an	89392
additional fee determined by the superintendent based upon the	89393
number of years remaining in a real estate salesperson's licensing	89394
period.	89395

(C) One dollar of each application fee for a real estate	89396
broker's license shall be credited to the real estate education	89397
and research fund, which is hereby created in the state treasury.	89398
The Ohio real estate commission may use the fund in discharging	89399
the duties prescribed in divisions (E), (F), (G), and (H) of	89400
section 4735.03 of the Revised Code and shall use it in the	89401
advancement of education and research in real estate at any	89402
institution of higher education in the state, or in contracting	89403
with any such institution or a trade organization for a particular	89404
research or educational project in the field of real estate, or in	89405
advancing loans, not exceeding ~~eight hundred~~two thousand dollars,	89406
to applicants for salesperson licenses, to defray the costs of	89407
satisfying the educational requirements of division (F) of section	89408
4735.09 of the Revised Code. Such loans shall be made according to	89409
rules established by the commission under the procedures of	89410
Chapter 119. of the Revised Code, and they shall be repaid to the	89411
fund within three years of the time they are made. No more than	89412
ten thousand dollars shall be lent from the fund in any one year.	89413

The governor may appoint a representative from the executive	89414
branch to be a member ex officio of the commission for the purpose	89415
of advising on research requests or educational projects. The	89416
commission shall report to the general assembly on the third	89417
Tuesday after the third Monday in January of each year setting	89418
forth the total amount contained in the fund and the amount of	89419
each research grant that it has authorized and the amount of each	89420
research grant requested. A copy of all research reports shall be	89421
submitted to the state library of Ohio and the library of the	89422
legislative service commission.	89423

(D) If the superintendent, with the consent of the	89424
commission, enters into an agreement with a national testing	89425
service to administer the real estate broker's examination,	89426
pursuant to division (A) of section 4735.07 of the Revised Code,	89427
the superintendent may require an applicant to pay the testing	89428
service's examination fee directly to the testing service. If the	89429
superintendent requires the payment of the examination fee	89430
directly to the testing service, each applicant shall submit to	89431
the superintendent a processing fee in an amount determined by the	89432
Ohio real estate commission pursuant to division (A)(2) of section	89433
4735.10 of the Revised Code.	89434

Sec. 4735.07. (A) The superintendent of real estate, with	89435
the consent of the Ohio real estate commission, may enter into	89436
agreements with recognized national testing services to administer	89437
the real estate broker's examination under the superintendent's	89438
supervision and control, consistent with the requirements of this	89439
chapter as to the contents of such examination.	89440

(B) No applicant for a real estate broker's license shall	89441
take the broker's examination who has not established to the	89442
satisfaction of the superintendent that the applicant:	89443

(1) Is honest, truthful, and of good reputation;

89444

(2)(a) Has not been convicted of a felony or crime of moral	89445
turpitude, or if the applicant has been so convicted, the	89446
superintendent has disregarded the conviction because the	89447
applicant has proven to the superintendent, by a preponderance of	89448
the evidence, that the applicant's activities and employment	89449
record since the conviction show that the applicant is honest,	89450
truthful, and of good reputation, and there is no basis in fact	89451
for believing that the applicant again will violate the laws	89452
involved;	89453

(b) Has not been finally adjudged by a court to have violated	89454
any municipal, state, or federal civil rights laws relevant to the	89455
protection of purchasers or sellers of real estate or, if the	89456
applicant has been so adjudged, at least two years have passed	89457
since the court decision and the superintendent has disregarded	89458
the adjudication because the applicant has proven, by a	89459
preponderance of the evidence, that the applicant's activities and	89460
employment record since the adjudication show that the applicant	89461
is honest, truthful, and of good reputation, and there is no basis	89462
in fact for believing that the applicant will again violate the	89463
laws involved.	89464

(3) Has not, during any period in which the applicant was	89465
licensed under this chapter, violated any provision of, or any	89466
rule adopted pursuant to, this chapter, or, if the applicant has	89467
violated any such provision or rule, has established to the	89468
satisfaction of the superintendent that the applicant will not	89469
again violate such provision or rule;	89470

(4) Is at least eighteen years of age;

89471

(5) Has been a licensed real estate broker or salesperson for	89472
at least two years; during at least two of the five years	89473
preceding the person's application, has worked as a licensed real	89474
estate broker or salesperson for an average of at least thirty	89475
hours per week; and has completed one of the following:	89476

(a) At least twenty real estate transactions, in which	89477
property was sold for another by the applicant while acting in the	89478
capacity of a real estate broker or salesperson;	89479

(b) Such equivalent experience as is defined by rules adopted	89480
by the commission.	89481

(6)(a) If licensed as a real estate salesperson prior to	89482
August 1, 2001, successfully has completed at an institution of	89483
higher education all of the following:	89484

(i) Thirty hours of classroom instruction in real estate	89485
practice;	89486

(ii) Thirty hours of classroom instruction that includes the	89487
subjects of Ohio real estate law, municipal, state, and federal	89488
civil rights law, new case law on housing discrimination,	89489
desegregation issues, and methods of eliminating the effects of	89490
prior discrimination. If feasible, the classroom instruction in	89491
Ohio real estate law shall be taught by a member of the faculty of	89492
an accredited law school. If feasible, the classroom instruction	89493
in municipal, state, and federal civil rights law, new case law on	89494
housing discrimination, desegregation issues, and methods of	89495
eliminating the effects of prior discrimination shall be taught by	89496
a staff member of the Ohio civil rights commission who is	89497
knowledgeable with respect to those subjects. The requirements of	89498
this division do not apply to an applicant who is admitted to	89499
practice before the supreme court.	89500

(iii) Thirty hours of classroom instruction in real estate	89501
appraisal;	89502

(iv) Thirty hours of classroom instruction in real estate	89503
finance;	89504

(v) Three quarter hours, or its equivalent in semester hours,	89505
in financial management;	89506

(vi) Three quarter hours, or its equivalent in semester	89507
hours, in human resource or personnel management;	89508

(vii) Three quarter hours, or its equivalent in semester	89509
hours, in applied business economics;	89510

(viii) Three quarter hours, or its equivalent in semester	89511
hours, in business law.	89512

(b) If licensed as a real estate salesperson on or after	89513
August 1, 2001, successfully has completed at an institution of	89514
higher education all of the following:	89515

(i) Forty hours of classroom instruction in real estate	89516
practice;	89517

(ii) Forty hours of classroom instruction that includes the	89518
subjects of Ohio real estate law, municipal, state, and federal	89519
civil rights law, new case law on housing discrimination,	89520
desegregation issues, and methods of eliminating the effects of	89521
prior discrimination. If feasible, the classroom instruction in	89522
Ohio real estate law shall be taught by a member of the faculty of	89523
an accredited law school. If feasible, the classroom instruction	89524
in municipal, state, and federal civil rights law, new case law on	89525
housing discrimination, desegregation issues, and methods of	89526
eliminating the effects of prior discrimination shall be taught by	89527
a staff member of the Ohio civil rights commission who is	89528
knowledgeable with respect to those subjects. The requirements of	89529
this division do not apply to an applicant who is admitted to	89530
practice before the supreme court.	89531

(iii) Twenty hours of classroom instruction in real estate	89532
appraisal;	89533

(iv) Twenty hours of classroom instruction in real estate	89534
finance;	89535

(v) The training in the amount of hours specified under	89536
divisions (B)(6)(a)(v), (vi), (vii), and (viii) of this section.	89537

(c) Division (B)(6)(a) or (b) of this section does not apply	89538
to any applicant who holds a valid real estate salesperson's	89539
license issued prior to January 2, 1972. Divisions (B)(6)(a)(v),	89540
(vi), (vii), and (viii) or division (B)(6)(b)(v) of this section	89541
do not apply to any applicant who holds a valid real estate	89542
salesperson's license issued prior to January 3, 1984.	89543

(7) If licensed as a real estate salesperson on or after	89544
January 3, 1984, satisfactorily has completed a minimum of two	89545
years of post-secondary education, or its equivalent in semester	89546
or quarter hours, at an institution of higher education, and has	89547
fulfilled the requirements of division (B)(6)(a) or (b) of this	89548
section. The requirements of division (B)(6)(a) or (b) of this	89549
section may be included in the two years of post-secondary	89550
education, or its equivalent in semester or quarter hours, that is	89551
required by this division.	89552

(C) Each applicant for a broker's license shall be examined	89553
in the principles of real estate practice, Ohio real estate law,	89554
and financing and appraisal, and as to the duties of real estate	89555
brokers and real estate salespersons, the applicant's knowledge of	89556
real estate transactions and instruments relating to them, and the	89557
canons of business ethics pertaining to them. The commission from	89558
time to time shall promulgate such canons and cause them to be	89559
published in printed form.	89560

(D) Examinations shall be administered with reasonable	89561
accommodations in accordance with the requirements of the	89562
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42	89563
U.S.C. 12101. The contents of an examination shall be consistent	89564
with the requirements of division (B)(6) of this section and with	89565
the other specific requirements of this section. An applicant who	89566
has completed the requirements of division (B)(6) of this section	89567
at the time of application shall be examined no later than twelve	89568
months after the applicant is notified of admission to the	89569
examination.	89570

(E) The superintendent may waive one or more of the	89571
requirements of this section in the case of an application from a	89572
nonresident real estate broker pursuant to a reciprocity agreement	89573
with the licensing authority of the state from which the	89574
nonresident applicant holds a valid real estate broker license.	89575

(F) There shall be no limit placed on the number of times an	89576
applicant may retake the examination.	89577

(G)(1) NoNot earlier than the date of issue of a real estate	89578
broker's license to a licensee, but not later than twelve months	89579
after the date of issue of a real estate broker's license to a	89580
licensee, the licensee shall submit proof satisfactory to the	89581
superintendent, on forms made available by the superintendent, of	89582
the completion of ten hours of classroom instruction ~~in real~~	89583
~~estate brokerage at an institution of higher education or any~~	89584
~~other institution~~that shall be completed in schools, seminars,	89585
and educational institutions that isare approved by the	89586
commission. ~~That instruction shall include, but not be limited to,~~	89587
~~current issues in managing a real estate company or office~~	89588
Approval of the curriculum and providers shall be granted	89589
according to rules adopted pursuant to section 4735.10 of the	89590
Revised Code.	89591

If the required proof of completion is not submitted to the	89592
superintendent within twelve months of the date a license is	89593
issued under this section, the license of the real estate broker	89594
is suspended automatically without the taking of any action by the	89595
superintendent. The broker's license shall not be reactivated by	89596
the superintendent until it is established, to the satisfaction of	89597
the superintendent, that the requirements of this division have	89598
been met and that the licensee is in compliance with this chapter.	89599
A licensee's license is revoked automatically without the taking	89600
of any action by the superintendent if the licensee fails to	89601
submit proof of completion of the education requirements specified	89602
under division (G)(1) of this section within twelve months of the	89603
date the license is suspended.	89604

(2) If the license of a real estate broker is suspended	89605
pursuant to division (G)(1) of this section, the license of a real	89606
estate salesperson associated with that broker correspondingly is	89607
suspended pursuant to division (H) of section 4735.20 of the	89608
Revised Code. However, the suspended license of the associated	89609
real estate salesperson shall be reactivated and no fee shall be	89610
charged or collected for that reactivation if all of the following	89611
occur:	89612

(a) That broker subsequently submits satisfactory proof to	89613
the superintendent that the broker has complied with the	89614
requirements of division (G)(1) of this section and requests that	89615
the broker's license as a real estate broker be reactivated;	89616

(b) The superintendent then reactivates the broker's license	89617
as a real estate broker;	89618

(c) The associated real estate salesperson intends to	89619
continue to be associated with that broker and otherwise is in	89620
compliance with this chapter.	89621

Sec. 4735.09. (A) Application for a license as a real estate	89622
salesperson shall be made to the superintendent of real estate on	89623
forms furnished by the superintendent and signed by the applicant.	89624
The application shall be in the form prescribed by the	89625
superintendent and shall contain such information as is required	89626
by this chapter and the rules of the Ohio real estate commission.	89627
The application shall be accompanied by the recommendation of the	89628
real estate broker with whom the applicant is associated or with	89629
whom the applicant intends to be associated, certifying that the	89630
applicant is honest, truthful, and of good reputation, has not	89631
been convicted of a felony or a crime involving moral turpitude,	89632
and has not been finally adjudged by a court to have violated any	89633
municipal, state, or federal civil rights laws relevant to the	89634
protection of purchasers or sellers of real estate, which	89635
conviction or adjudication the applicant has not disclosed to the	89636
superintendent, and recommending that the applicant be admitted to	89637
the real estate salesperson examination.	89638

(B) A fee of sixty dollars shall accompany the application,	89639
which fee includes the fee for the initial year of the licensing	89640
period, if a license is issued. The initial year of the licensing	89641
period commences at the time the license is issued and ends on the	89642
applicant's first birthday thereafter. The application fee shall	89643
be ~~retained by the superintendent if the applicant is admitted to~~	89644
~~the examination for the license or the examination requirement is~~	89645
~~waived, but, if an applicant is not so admitted and a waiver is~~	89646
~~not involved, one-half of the fee shall be retained by the~~	89647
~~superintendent to cover the expenses of processing the application~~	89648
~~and the other one-half shall be returned to the applicant~~	89649
nonrefundable. A fee of sixty dollars shall be charged by the	89650
superintendent for each successive application made by the	89651
applicant. One dollar of each application fee shall be credited to	89652
the real estate education and research fund.	89653

(C) There shall be no limit placed on the number of times an	89654
applicant may retake the examination.	89655

(D) The superintendent, with the consent of the commission,	89656
may enter into an agreement with a recognized national testing	89657
service to administer the real estate salesperson's examination	89658
under the superintendent's supervision and control, consistent	89659
with the requirements of this chapter as to the contents of the	89660
examination.	89661

If the superintendent, with the consent of the commission,	89662
enters into an agreement with a national testing service to	89663
administer the real estate salesperson's examination, the	89664
superintendent may require an applicant to pay the testing	89665
service's examination fee directly to the testing service. If the	89666
superintendent requires the payment of the examination fee	89667
directly to the testing service, each applicant shall submit to	89668
the superintendent a processing fee in an amount determined by the	89669
Ohio real estate commission pursuant to division (A)(1) of section	89670
4735.10 of the Revised Code.	89671

(E) The superintendent shall issue a real estate	89672
salesperson's license when satisfied that the applicant has	89673
received a passing score on each portion of the salesperson's	89674
examination as determined by rule by the real estate commission,	89675
except that the superintendent may waive one or more of the	89676
requirements of this section in the case of an applicant who is a	89677
licensed real estate salesperson in another state pursuant to a	89678
reciprocity agreement with the licensing authority of the state	89679
from which the applicant holds a valid real estate salesperson's	89680
license.	89681

(F) No applicant for a salesperson's license shall take the	89682
salesperson's examination who has not established to the	89683
satisfaction of the superintendent that the applicant:	89684

(1) Is honest, truthful, and of good reputation;

89685

(2)(a) Has not been convicted of a felony or crime of moral	89686
turpitude or, if the applicant has been so convicted, the	89687
superintendent has disregarded the conviction because the	89688
applicant has proven to the superintendent, by a preponderance of	89689
the evidence, that the applicant's activities and employment	89690
record since the conviction show that the applicant is honest,	89691
truthful, and of good reputation, and there is no basis in fact	89692
for believing that the applicant again will violate the laws	89693
involved;	89694

(b) Has not been finally adjudged by a court to have violated	89695
any municipal, state, or federal civil rights laws relevant to the	89696
protection of purchasers or sellers of real estate or, if the	89697
applicant has been so adjudged, at least two years have passed	89698
since the court decision and the superintendent has disregarded	89699
the adjudication because the applicant has proven, by a	89700
preponderance of the evidence, that the applicant is honest,	89701
truthful, and of good reputation, and there is no basis in fact	89702
for believing that the applicant again will violate the laws	89703
involved.	89704

(3) Has not, during any period in which the applicant was	89705
licensed under this chapter, violated any provision of, or any	89706
rule adopted pursuant to this chapter, or, if the applicant has	89707
violated such provision or rule, has established to the	89708
satisfaction of the superintendent that the applicant will not	89709
again violate such provision or rule;	89710

(4) Is at least eighteen years of age;

89711

(5) If born after the year 1950, has a high school diploma or	89712
its equivalent as recognized by the state department of education;	89713

(6)~~(a) If beginning instruction prior to August 1, 2001, has~~	89714
~~successfully completed at an institution of higher education all~~	89715
~~of the following:~~	89716

~~(i) Thirty hours of classroom instruction in real estate~~	89717
~~practice;~~	89718

~~(ii) Thirty hours of classroom instruction that includes the~~	89719
~~subjects of Ohio real estate law, municipal, state, and federal~~	89720
~~civil rights law, new case law on housing discrimination,~~	89721
~~desegregation issues, and methods of eliminating the effects of~~	89722
~~prior discrimination. If feasible, the classroom instruction in~~	89723
~~Ohio real estate law shall be taught by a member of the faculty of~~	89724
~~an accredited law school. If feasible, the classroom instruction~~	89725
~~in municipal, state, and federal civil rights law, new case law on~~	89726
~~housing discrimination, desegregation issues, and methods of~~	89727
~~eliminating the effects of prior discrimination shall be taught by~~	89728
~~a staff member of the Ohio civil rights commission who is~~	89729
~~knowledgeable with respect to those subjects. The requirements of~~	89730
~~this division do not apply to an applicant who is admitted to~~	89731
~~practice before the supreme court.~~	89732

~~(iii) Thirty hours of classroom instruction in real estate~~	89733
~~appraisal;~~	89734

~~(iv) Thirty hours of classroom instruction in real estate~~	89735
~~finance.~~	89736

~~(b) Any person who has not been licensed as a real estate~~	89737
~~salesperson or broker within a four-year period immediately~~	89738
~~preceding the person's current application for the salesperson's~~	89739
~~examination shall have successfully completed the classroom~~	89740
~~instruction required by division (F)(6)(a) of this section within~~	89741
~~a ten-year period immediately preceding the person's current~~	89742
~~application for the salesperson's examination.~~	89743

~~(7) If beginning instruction, as determined by the~~	89744
~~superintendent, on or after August 1, 2001, has~~Has successfully	89745
completed at an institution of higher education all of the	89746
following:	89747

(a) Forty hours of classroom instruction in real estate	89748
practice;	89749

(b) Forty hours of classroom instruction that includes the	89750
subjects of Ohio real estate law, municipal, state, and federal	89751
civil rights law, new case law on housing discrimination,	89752
desegregation issues, and methods of eliminating the effects of	89753
prior discrimination. If feasible, the classroom instruction in	89754
Ohio real estate law shall be taught by a member of the faculty of	89755
an accredited law school. If feasible, the classroom instruction	89756
in municipal, state, and federal civil rights law, new case law on	89757
housing discrimination, desegregation issues, and methods of	89758
eliminating the effects of prior discrimination shall be taught by	89759
a staff member of the Ohio civil rights commission who is	89760
knowledgeable with respect to those subjects. The requirements of	89761
this division do not apply to an applicant who is admitted to	89762
practice before the supreme court.	89763

(c) Twenty hours of classroom instruction in real estate	89764
appraisal;	89765

(d) Twenty hours of classroom instruction in real estate	89766
finance.	89767

(G) NoAny person who has not been licensed as a real estate	89768
salesperson or broker within a four-year period immediately	89769
preceding the person's current application for the salesperson's	89770
examination shall have successfully completed the prelicensure	89771
classroom instruction required by division (F)(6) of this section	89772
within a ten-year period immediately preceding the person's	89773
current application for the salesperson's examination.	89774

(H) Not earlier than the date of issue of a real estate	89775
salesperson's license to a licensee, but not later than twelve	89776
months after the date of issue of a real estate salesperson	89777
license to a licensee, the licensee shall submit proof	89778
satisfactory to the superintendent, on forms made available by the	89779
superintendent, of the completion~~, at an institution of higher~~	89780
~~education or any other institution~~of ten hours of classroom	89781
instruction that shall be completed in schools, seminars, and	89782
educational institutions approved by the commission~~, of ten hours~~	89783
~~of classroom instruction in real estate courses that cover current~~	89784
~~issues regarding consumers, real estate practice, ethics, and real~~	89785
~~estate law~~. Approval of the curriculum and providers shall be	89786
granted according to rules adopted pursuant to section 4735.10 of	89787
the Revised Code.	89788

If proof of completion of the required instruction is not	89789
submitted within twelve months of the date a license is issued	89790
under this section, the licensee's license is suspended	89791
automatically without the taking of any action by the	89792
superintendent. The superintendent immediately shall notify the	89793
broker with whom such salesperson is associated of the suspension	89794
of the salesperson's license. A salesperson whose license has been	89795
suspended under this division shall have twelve months after the	89796
date of the suspension of the salesperson's license to submit	89797
proof of successful completion of the instruction required under	89798
this division. No such license shall be reactivated by the	89799
superintendent until it is established, to the satisfaction of the	89800
superintendent, that the requirements of this division have been	89801
met and that the licensee is in compliance with this chapter. A	89802
licensee's license is revoked automatically without the taking of	89803
any action by the superintendent when the licensee fails to submit	89804
the required proof of completion of the education requirements	89805
under division ~~(G)~~(H) of this section within twelve months of the	89806
date the license is suspended.	89807

~~(H)~~(I) Examinations shall be administered with reasonable	89808
accommodations in accordance with the requirements of the	89809
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42	89810
U.S.C. ~~12101~~12189. The contents of an examination shall be	89811
consistent with the classroom instructional requirements of	89812
division (F)(6) ~~or (7)~~ of this section. An applicant who has	89813
completed the classroom instructional requirements of division	89814
(F)(6) ~~or (7)~~ of this section at the time of application shall be	89815
examined no later than twelve months after the applicant is	89816
notified of the applicant's admission to the examination.	89817

Sec. 4735.10. (A)(1) The Ohio real estate commission may	89818
adopt reasonable rules in accordance with Chapter 119. of the	89819
Revised Code, necessary for implementing the provisions of this	89820
chapter relating, but not limited to, the following:	89821

(a) The form and manner of filing applications for ~~license~~	89822
licensure;	89823

(b) Times and form of examination for license;

89824

(c) Placing an existing broker's license on deposit or a	89825
salesperson's license on an inactive status for an indefinite	89826
period;	89827

(d) Specifying the process by which a licensee may place the	89828
licensee's license on voluntary hold or resigned status;	89829

(e) Defining any additional license status that the	89830
commission determines is necessary and that is not otherwise	89831
defined in this chapter and establishing the process by which a	89832
licensee places the licensee's license in a status defined by the	89833
commission in the rules the commission adopts;	89834

(f) Clarification of the activities that require a license	89835
under this chapter.	89836

(2) The commission shall adopt reasonable rules in accordance	89837
with Chapter 119. of the Revised Code, for implementing the	89838
provisions of this chapter relating to the following:	89839

(a) The issuance, renewal, suspension, and revocation of	89840
licenses, other sanctions that may be imposed for violations of	89841
this chapter, the conduct of hearings related to these actions,	89842
and the process of reactivating a license;	89843

(b) ~~By not later than January 1, 2004, a~~A three-year license	89844
and a three-year license renewal system;	89845

(c) Standards for the approval of the ten hour postlicensure	89846
courses as required by division (H) of section 4735.07 and	89847
division (H) of section 4735.09 of the Revised Code, courses of	89848
study required for licenses, orcourses offered in preparation for	89849
license examinations, or courses required as continuing education	89850
for licenses.	89851

(d) Guidelines to ensure that continuing education classes	89852
are open to all persons licensed under this chapter. The rules	89853
shall specify that an organization that sponsors a continuing	89854
education class may offer its members a reasonable reduction in	89855
the fees charged for the class.	89856

(e) Requirements for trust accounts and property management	89857
accounts. The rules shall specify that:	89858

(i) Brokerages engaged in the management of property for	89859
another may, pursuant to a written contract with the property	89860
owner, exercise signatory authority for withdrawals from property	89861
management accounts maintained in the name of the property owner.	89862
The exercise of authority for withdrawals does not constitute a	89863
violation of any provision of division (A) of section 4735.18 of	89864
the Revised Code.	89865

(ii) The interest earned on property management trust	89866
accounts maintained in the name of the property owner or the	89867
broker shall be payable to the property owner unless otherwise	89868
specified in a written contract.	89869

(f) Notice of renewal forms and filing deadlines;

89870

(g) Special assessments under division (A) of section 4735.12	89871
of the Revised Code.	89872

(B) The commission may adopt rules in accordance with Chapter	89873
119. of the Revised Code establishing standards and guidelines	89874
with which the superintendent of real estate shall comply in the	89875
exercise of the following powers:	89876

(1) Appointment and recommendation of ancillary trustees	89877
under section 4735.05 of the Revised Code;	89878

(2) Rejection of names proposed to be used by partnerships,	89879
associations, limited liability companies, limited liability	89880
partnerships, and corporations, under division (A) of section	89881
4735.06 of the Revised Code;	89882

(3) Acceptance and rejection of applications to take the	89883
broker and salesperson examinations and licensure, with	89884
appropriate waivers pursuant to division (E) of section 4735.07	89885
and section 4735.09 of the Revised Code;	89886

(4) Approval of applications of brokers to place their	89887
licenses ~~on deposit~~in an inactive status and to become	89888
salespersons under section 4735.13 of the Revised Code;	89889

(5) Appointment of hearing examiners under section 119.09 of	89890
the Revised Code;	89891

(6) Acceptance and rejection of applications to take the	89892
foreign real estate dealer and salesperson examinations and	89893
licensure, with waiver of examination, under sections 4735.27 and	89894
4735.28 of the Revised Code;	89895

(7) Qualification of foreign real estate under section	89896
4735.25 of the Revised Code.	89897

If at any time there is no rule in effect establishing a	89898
guideline or standard required by this division, the	89899
superintendent may adopt a rule in accordance with Chapter 119. of	89900
the Revised Code for such purpose.	89901

(C) The commission or superintendent may hear testimony in	89902
matters relating to the duties imposed upon them, and the	89903
president of the commission and superintendent may administer	89904
oaths. The commission or superintendent may require other proof of	89905
the honesty, truthfulness, and good reputation of any person named	89906
in an application for a real estate broker's or real estate	89907
salesperson's license before admitting the applicant to the	89908
examination or issuing a license.	89909

Sec. 4735.13. (A) Every real estate broker licensed under	89910
this chapter shall have and maintain a definite place of business	89911
in this state. A post office box address is not a definite place	89912
of business for purposes of this section. The license of a real	89913
estate broker shall be prominently displayed in the office or	89914
place of business of the broker, and no license shall authorize	89915
the licensee to do business except from the location specified in	89916
it. If the broker maintains more than one place of business within	89917
the state, the broker shall apply for and procure a duplicate	89918
license for each branch office maintained by the broker. Each	89919
branch office shall be in the charge of a licensed broker or	89920
salesperson. The branch office license shall be prominently	89921
displayed at the branch office location.	89922

(B) The license of each real estate salesperson shall be	89923
mailed to and remain in the possession of the licensed broker with	89924
whom the salesperson is or is to be associated until the licensee	89925
places the license on inactive, voluntary hold, or resigned status	89926
or until the salesperson leaves the brokerage or is terminated.	89927
The broker shall keep each salesperson's license in a way that it	89928
can, and shall on request, be made immediately available for	89929
public inspection at the office or place of business of the	89930
broker. Except as provided in divisions (G) and (H) of this	89931
section, immediately upon the salesperson's leaving the	89932
association or termination of the association of a real estate	89933
salesperson with the broker, the broker shall return the	89934
salesperson's license to the superintendent of real estate.	89935

The failure of a broker to return the license of a real	89936
estate salesperson or broker who leaves or who is terminated, via	89937
certified mail return receipt requested, within three business	89938
days of the receipt of a written request from the superintendent	89939
for the return of the license, is prima-facie evidence of	89940
misconduct under division (A)(6) of section 4735.18 of the Revised	89941
Code.	89942

(C) Any licensee ~~who~~shall notify the superintendent in	89943
writing within fifteen days of any of the following occurrences:	89944

(1) The licensee is convicted of a felony or.

89945

(2) The licensee is convicted of a crime involving moral	89946
turpitude ~~or of violating~~.	89947

(3) The licensee is found to have violated any federal,	89948
state, or municipal civil rights law pertaining to discrimination	89949
in housing~~, or any court that issues a finding of an unlawful~~.	89950

(4) The licensee is found to have engaged in a discriminatory	89951
practice pertaining to housing accommodations described in	89952
division (H) of section 4112.02 of the Revised Code ~~or that~~	89953
~~convicts a~~.	89954

(5) The licensee ~~of a violation of~~is found to have violated	89955
any municipal civil rights law pertaining to housing	89956
discrimination~~, shall notify the superintendent of the conviction~~	89957
~~or finding within fifteen days. If~~.	89958

(6) The licensee is the subject of an order by the department	89959
of commerce, the department of insurance, or the department of	89960
agriculture revoking or permanently surrendering any professional	89961
license, certificate, or registration.	89962

(7) The licensee is the subject of an order by any government	89963
agency concerning real estate, financial matters, or the	89964
performance of fiduciary duties with respect to any license,	89965
certificate, or registration.	89966

If a licensee fails to notify the superintendent within the	89967
required time, the superintendent immediately may ~~revoke~~suspend	89968
the license of the licensee.	89969

Any court that convicts a licensee of a violation of any	89970
municipal civil rights law pertaining to housing discrimination	89971
also shall notify the Ohio civil rights commission within fifteen	89972
days of the conviction.	89973

(D) In case of any change of business location, a broker	89974
shall give notice ~~in writing~~ to the superintendent, on a form	89975
prescribed by the superintendent, within thirty days after the	89976
change of location, whereupon the superintendent shall issue new	89977
licenses for the unexpired period without charge. If a broker	89978
changes a business location without giving the required notice and	89979
without receiving new licenses that action is prima-facie evidence	89980
of misconduct under division (A)(6) of section 4735.18 of the	89981
Revised Code.	89982

(E) If a real estate broker desires to associate with another	89983
real estate broker in the capacity of a real estate salesperson,	89984
the broker shall apply to the superintendent to deposit the	89985
broker's real estate broker's license with the superintendent and	89986
for the issuance of a real estate salesperson's license. The	89987
application shall be made on a form prescribed by the	89988
superintendent and shall be accompanied by the recommendation of	89989
the real estate broker with whom the applicant intends to become	89990
associated and a fee of twenty-five dollars for the real estate	89991
salesperson's license. One dollar of the fee shall be credited to	89992
the real estate education and research fund. If the superintendent	89993
is satisfied that the applicant is honest, truthful, and of good	89994
reputation, has not been convicted of a felony or a crime	89995
involving moral turpitude, and has not been finally adjudged by a	89996
court to have violated any municipal, state, or federal civil	89997
rights laws relevant to the protection of purchasers or sellers of	89998
real estate, and that the association of the real estate broker	89999
and the applicant will be in the public interest, the	90000
superintendent shall grant the application and issue a real estate	90001
salesperson's license to the applicant. Any license so deposited	90002
with the superintendent shall be subject to this chapter. A broker	90003
who intends to deposit the broker's license with the	90004
superintendent, as provided in this section, shall give written	90005
notice of this fact in a format prescribed by the superintendent	90006
to all salespersons associated with the broker when applying to	90007
place the broker's license on deposit.	90008

(F) If a real estate broker desires to become a member or	90009
officer of a partnership, association, limited liability company,	90010
limited liability partnership, or corporation that is or intends	90011
to become a licensed real estate broker, the broker shall notify	90012
the superintendent of the broker's intentions. The notice of	90013
intention shall be on a form prescribed by the superintendent and	90014
shall be accompanied by a fee of twenty-five dollars. One dollar	90015
of the fee shall be credited to the real estate education and	90016
research fund.	90017

NoA licensed real estate broker who is a member or officer	90018
of a partnership, association, limited liability company, limited	90019
liability partnership, or corporation ~~that is a licensed real~~	90020
~~estate broker~~ shall ~~perform any acts~~only act as a real estate	90021
broker ~~other than as the agent of the~~for such partnership,	90022
association, limited liability company, limited liability	90023
partnership, or corporation~~, and such broker shall not have any~~	90024
~~real estate salespersons associated with the broker~~.	90025

(G) If a real estate broker or salesperson enters the armed	90026
forces, the broker or salesperson may place the broker's or	90027
salesperson's license on deposit with the Ohio real estate	90028
commission. The licensee shall not be required to renew the	90029
license until the renewal date that follows the date of discharge	90030
from the armed forces. Any license deposited with the commission	90031
shall be subject to this chapter. Any licensee whose license is on	90032
deposit under this division and who fails to meet the continuing	90033
education requirements of section 4735.141 of the Revised Code	90034
because the licensee is in the armed forces shall satisfy the	90035
commission that the licensee has complied with the continuing	90036
education requirements within twelve months of the licensee's	90037
first birthday after discharge. The ~~commission~~superintendent	90038
shall notify the licensee of the licensee's obligations under	90039
section 4735.141 of the Revised Code at the time the licensee	90040
applies for reactivation of the licensee's license.	90041

(H) If a licensed real estate salesperson submits an	90042
application to the superintendent to leave the association of one	90043
broker to associate with a different broker, the broker possessing	90044
the licensee's license need not return the salesperson's license	90045
to the superintendent. The superintendent may process the	90046
application regardless of whether the licensee's license is	90047
returned to the superintendent.	90048

Sec. 4735.14. (A) Each license issued under this chapter,	90049
shall be valid without further recommendation or examination until	90050
it is placed in an inactive, voluntary hold, or resigned status,	90051
is revoked or suspended, or such license expires by operation of	90052
law.	90053

(B) Except for a licensee who has placed the licensee's	90054
license on voluntary hold or resigned status pursuant to section	90055
4735.142 of the Revised Code, each licensed broker, brokerage, or	90056
salesperson shall file, on or before the date the Ohio real estate	90057
commission has adopted by rule for that licensee in accordance	90058
with division (A)(2)(f) of section 4735.10 of the Revised Code, a	90059
notice of renewal on a form prescribed by the superintendent of	90060
real estate. The notice of renewal shall be mailed by the	90061
superintendent two months prior to the filing deadline to the ~~most~~	90062
~~current~~ personal residence address of each broker or salesperson	90063
~~as filed with the superintendent by the licensee and the place of~~	90064
~~business address of the brokerage~~that is on file with the	90065
division. If the licensee is a partnership, association, limited	90066
liability company, limited liability partnership, or corporation,	90067
the notice of renewal shall be mailed by the superintendent two	90068
months prior to the filing deadline to the brokerage's business	90069
address on file with the division. A licensee shall not renew the	90070
licensee's license any earlier than two months prior to the	90071
filing deadline.	90072

(C) Except as otherwise provided in division (B) of this	90073
section, the license of any real estate broker, brokerage, or	90074
salesperson that fails to file a notice of renewal on or before	90075
the filing deadline of each ensuing year shall be suspended	90076
automatically without the taking of any action by the	90077
superintendent. A suspended license may be reactivated within	90078
twelve months of the date of suspension, provided that the renewal	90079
fee plus a penalty fee of fifty per cent of the renewal fee is	90080
paid to the superintendent. Failure to reactivate the license as	90081
provided in this division shall result in automatic revocation of	90082
the license without the taking of any action by the	90083
superintendent. No person, partnership, association, corporation,	90084
limited liability company, or limited partnership shall engage in	90085
any act or acts for which a real estate license is required while	90086
that entity's license is placed in an inactive, voluntary hold, or	90087
resigned status, or is suspended, or revoked. The commission shall	90088
adopt rules in accordance with Chapter 119. of the Revised Code to	90089
provide to licensees notice of suspension or revocation or both.	90090

(D) Each licensee shall notify the commission of a change in	90091
personal residence address. A licensee's failure to notify the	90092
commission of a change in personal residence address does not	90093
negate the requirement to file the license renewal by the required	90094
deadline established by the commission by rule under division	90095
(A)(2)(f) of section 4735.10 of the Revised Code.	90096

(E) The superintendent shall not renew a license if the	90097
licensee fails to comply with section 4735.141 of the Revised Code	90098
or is otherwise not in compliance with this chapter.	90099

(F) The superintendent shall make notice of successful	90100
renewal available electronically to licensees as soon as	90101
practicable, but not later than thirty days after receipt by the	90102
division of a complete application and renewal fee. This notice	90103
shall serve as a notice of renewal for purposes of section 4745.02	90104
of the Revised Code.	90105

Sec. 4735.141. (A) Except as otherwise provided in this	90106
division and except for a licensee who has placed the licensee's	90107
license on voluntary hold or resigned status pursuant to section	90108
4735.142 of the Revised Code, each person licensed under section	90109
4735.07 or 4735.09 of the Revised Code shall submit proof	90110
satisfactory to the superintendent of real estate that the	90111
licensee has satisfactorily completed thirty hours of continuing	90112
education, as prescribed by the Ohio real estate commission	90113
pursuant to section 4735.10 of the Revised Code, on or before the	90114
licensee's birthday occurring three years after the licensee's	90115
date of initial licensure, and on or before the licensee's	90116
birthday every three years thereafter.	90117

Persons licensed as real estate salespersons who subsequently	90118
become licensed real estate brokers shall continue to submit proof	90119
of continuing education in accordance with the time period	90120
established in this section.	90121

The requirements of this section shall not apply to any	90122
~~physically handicapped~~disabled licensee as provided in division	90123
(E) of this section.	90124

Each licensee who is seventy years of age or older, within a	90125
continuing education reporting period, shall submit proof	90126
satisfactory to the superintendent of real estate that the	90127
licensee has satisfactorily completed a total of nine classroom	90128
hours of continuing education, including instruction in Ohio real	90129
estate law; recently enacted state and federal laws affecting the	90130
real estate industry; municipal, state, and federal civil rights	90131
law; and canons of ethics for the real estate industry as adopted	90132
by the commission. The required proof of completion shall be	90133
submitted on or before the licensee's birthday that falls in the	90134
third year of that continuing education reporting period. A	90135
licensee who is seventy years of age or older whose license is in	90136
an inactive status is exempt from the continuing education	90137
requirements specified in this section. The commission shall adopt	90138
reasonable rules in accordance with Chapter 119. of the Revised	90139
Code to carry out the purposes of this paragraph.	90140

(B) The continuing education requirements of this section	90141
shall be completed in schools, seminars, and educational	90142
institutions approved by the commission. Such approval shall be	90143
given according to rules established by the commission under the	90144
procedures of Chapter 119. of the Revised Code, and shall not be	90145
limited to institutions providing two-year or four-year degrees.	90146
Each school, seminar, or educational institution approved under	90147
this division shall be open to all licensees on an equal basis.	90148

(C) If the requirements of this section are not met by a	90149
licensee within the period specified, the licensee's license shall	90150
be suspended automatically without the taking of any action by the	90151
superintendent. The superintendent shall notify the licensee of	90152
the license suspension, and such notification shall be sent by	90153
regular mail to the personal residence address of the licensee	90154
that is on file with the division. Any license so suspended shall	90155
remain suspended until it is reactivated by the superintendent. No	90156
such license shall be reactivated until it is established, to the	90157
satisfaction of the superintendent, that the requirements of this	90158
section have been met. If the requirements of this section are not	90159
met within twelve months from the date the license was suspended,	90160
the license shall be revoked automatically without the taking of	90161
any action by the superintendent.	90162

(D) If the license of a real estate broker is suspended	90163
pursuant to division (C) of this section, the license of a real	90164
estate salesperson associated with that broker correspondingly is	90165
suspended pursuant to division (H) of section 4735.20 of the	90166
Revised Code. ~~However, the~~A sole broker shall notify affiliated	90167
salespersons of the suspension in writing within three days of	90168
receiving the notice required by division (C) of this section.	90169

(1) The suspended license of the associated real estate	90170
salesperson shall be reactivated and no fee shall be charged or	90171
collected for that reactivation if ~~all of the following occur:~~	90172

~~(1) That~~that broker subsequently submits proof to the	90173
superintendent that the broker has complied with the requirements	90174
of this section and requests that the broker's license as a real	90175
estate broker be reactivated.	90176

~~(2) The~~, and the superintendent then reactivates the broker's	90177
license as a real estate broker.	90178

~~(3) The associated real estate salesperson intends to~~	90179
~~continue to be associated with that broker, has complied with the~~	90180
~~requirements of this section, and otherwise is in compliance with~~	90181
~~this chapter.~~	90182

(2) If the real estate salesperson submits an application to	90183
leave the association of the suspended broker in order to	90184
associate with a different broker, the suspended license of the	90185
associated real estate salesperson shall be reactivated and no fee	90186
shall be charged or collected for that reactivation. The	90187
superintendent may process the application regardless of whether	90188
the licensee's license is returned to the superintendent.	90189

Any person whose license is reactivated pursuant to this	90190
division shall ~~submit proof satisfactory to the superintendent~~	90191
~~that the person has completed thirty hours of continuing~~	90192
~~education, as prescribed by the Ohio real estate commission, on or~~	90193
~~before the third year following the licensee's birthday occurring~~	90194
~~immediately after reactivation~~comply with the requirements of	90195
this section and otherwise be in compliance with this chapter.	90196

(E) Any licensee who is a ~~physically handicapped~~disabled	90197
licensee at any time during the last three months of the third	90198
year of the licensee's continuing education reporting period may	90199
receive an extension of time as deemed appropriate by the	90200
superintendent to submit proof to the superintendent that the	90201
licensee has satisfactorily completed the required thirty hours of	90202
continuing education. To receive an extension of time, the	90203
licensee shall submit a request to the division of real estate for	90204
the extension and proof satisfactory to the commission that the	90205
licensee was a ~~physically handicapped~~disabled licensee at some	90206
time during the last three months of the three-year reporting	90207
period. The proof shall include, but is not limited to, a signed	90208
statement by the licensee's attending physician describing the	90209
~~physical~~ disability, certifying that the licensee's disability is	90210
of such a nature as to prevent the licensee from attending any	90211
instruction lasting at least three hours in duration, and stating	90212
the expected duration of the ~~physical~~ disability. The licensee	90213
shall request the extension and provide the physician's statement	90214
to the division no later than one month prior to the end of the	90215
licensee's three-year continuing education reporting period,	90216
unless the ~~physical~~ disability did not arise until the last month	90217
of the three-year reporting period, in which event the licensee	90218
shall request the extension and provide the physician's statement	90219
as soon as practical after the occurrence of the ~~physical~~	90220
disability. A licensee granted an extension pursuant to this	90221
division who is no longer a ~~physically handicapped~~disabled	90222
licensee and who submits proof of completion of the continuing	90223
education during the extension period, shall submit, for future	90224
continuing education reporting periods, proof of completion of the	90225
continuing education requirements according to the schedule	90226
established in division (A) of this section.	90227

(F) The superintendent shall not renew a license if the	90228
licensee fails to comply with this section, and the licensee shall	90229
be required to pay the penalty fee provided in section 4735.14 of	90230
the Revised Code.	90231

(G) A licensee shall submit proof of completion of the	90232
required continuing education with the licensee's notice of	90233
renewal. The proof shall be submitted in the manner provided by	90234
the superintendent.	90235

Sec. 4735.142. (A) Any person licensed under section 4735.07	90236
or 4735.09 of the Revised Code, at any time prior to the date the	90237
licensee is required to file a notice of renewal pursuant to	90238
division (B) of section 4735.14 of the Revised Code may apply to	90239
the superintendent of real estate and professional licensing to	90240
place the licensee's license on voluntary hold or a resigned	90241
status.	90242

(B) If the superintendent has placed a license on voluntary	90243
hold pursuant to a request made under division (A) of this	90244
section, the licensee who requested that the licensee's license be	90245
placed on voluntary hold may apply to the superintendent to	90246
reactivate that license within twelve months after the date the	90247
license is placed on voluntary hold. The superintendent shall	90248
reactivate that license if the licensee complies with the	90249
requirements for such reactivation that are specified in rules	90250
adopted by the Ohio real estate commission pursuant to division	90251
(A) of section 4735.10 of the Revised Code and satisfies all of	90252
the following requirements:	90253

(1) The licensee complies with the postlicensure education	90254
requirements specified in section 4735.07 or 4735.09 of the	90255
Revised Code, as applicable;	90256

(2) The licensee complies with the continuing education	90257
requirements specified in section 4735.141 of the Revised Code;	90258

(3) The licensee renews the licensee's license in accordance	90259
with section 4735.14 of the Revised Code and, if applicable, pays	90260
the annual brokerage assessment fee in accordance with the	90261
requirements specified in rules adopted by the commission.	90262

(C) If a licensee does not apply to reactivate a license on	90263
voluntary hold pursuant to division (B) of this section during the	90264
twelve-month time period specified in that division or does not	90265
satisfy the requirements specified in that division during that	90266
twelve-month period, the superintendent shall consider that	90267
license to be in a resigned status. The superintendent shall not	90268
reactivate a resigned license. The resignation of a license is	90269
considered to be final without the taking of any action by the	90270
superintendent. If a person whose license is in a resigned status	90271
pursuant to this division wishes to obtain an active license, the	90272
person shall apply for an active license in accordance with the	90273
requirements specified in section 4735.07 or 4735.09 of the	90274
Revised Code, as applicable.	90275

(D) A licensee, at any time during which a license has been	90276
suspended pursuant to division (G) of section 4735.07, division	90277
~~(G)~~(H) of section 4735.09, division (E) of section 4735.12,	90278
division (C) of section 4735.14, division (C) of section 4735.141,	90279
or section 4735.182 of the Revised Code, may apply to the	90280
superintendent on a form prescribed by the superintendent to	90281
voluntarily resign the licensee's license. The resignation of a	90282
license is considered to be final without the taking of any action	90283
by the superintendent. If a person whose license is in a resigned	90284
status pursuant to a request made under this division wishes to	90285
obtain an active or inactive license, the person shall apply for	90286
such a license in accordance with the requirements specified in	90287
section 4735.07 or 4735.09 of the Revised Code, as applicable, or	90288
in the rules adopted by the commission pursuant to division (A) of	90289
section 4735.10 of the Revised Code.	90290

(E) If placing a broker's license on voluntary hold or a	90291
resigned status will result in the closure of the broker's	90292
brokerage, the broker, within three days after applying to the	90293
superintendent to place the license on voluntary hold or a	90294
resigned status, shall provide to each salesperson associated with	90295
that broker a written notice stating that fact.	90296

(F) This section does not apply to any licensee whose license	90297
has been suspended pursuant to division (F) of section 4735.181 of	90298
the Revised Code or due to disciplinary action ordered by the	90299
commission pursuant to section 4735.051 of the Revised Code.	90300

Sec. 4735.15. (A) The nonrefundable fees for reactivation or	90301
transfer of a license shall be as follows:	90302

(1) Reactivation or transfer of a broker's license into or	90303
out of a partnership, association, limited liability company,	90304
limited liability partnership, or corporation or from one	90305
partnership, association, limited liability company, limited	90306
liability partnership, or corporation to another partnership,	90307
association, limited liability company, limited liability	90308
partnership, or corporation, twenty-five dollars. An application	90309
for such transfer shall be made to the superintendent of real	90310
estate on forms provided by the superintendent.	90311

(2) Reactivation or transfer of a license by a real estate	90312
salesperson, twenty-five dollars.	90313

(B) Except as may otherwise be specified pursuant to division	90314
(F) of this section, the nonrefundable fees for a branch office	90315
license, license renewal, late filing, and foreign real estate	90316
dealer and salesperson license are as follows per year for each	90317
year of a licensing period:	90318

(1) Branch office license, fifteen dollars;

90319

(2) Renewal of a real estate broker's license, sixty dollars.	90320
If the licensee is a partnership, association, limited liability	90321
company, limited liability partnership, or corporation, the full	90322
broker's renewal fee shall be required for each member of such	90323
partnership, association, limited liability company, limited	90324
liability partnership, or corporation that is a real estate	90325
broker. If the real estate broker has not less than eleven nor	90326
more than twenty real estate salespersons associated with the	90327
broker, an additional fee of sixty-four dollars shall be assessed	90328
to the brokerage. For every additional ten real estate	90329
salespersons or fraction of that number, the brokerage assessment	90330
fee shall be increased in the amount of thirty-seven dollars.	90331

(3) Renewal of a real estate salesperson's license,	90332
forty-five dollars;	90333

(4) Renewal of a real estate broker's or salesperson's	90334
license filed within twelve months after the licensee's renewal	90335
date, an additional late filing penalty of fifty per cent of the	90336
required fee;	90337

(5) Foreign real estate dealer's license and each renewal of	90338
the license, thirty dollars per salesperson employed by the	90339
dealer, but not less than one hundred fifty dollars;	90340

(6) Foreign real estate salesperson's license and each	90341
renewal of the license, fifty dollars.	90342

(C) All fees collected under this section shall be paid to	90343
the treasurer of state. One dollar of each such fee shall be	90344
credited to the real estate education and research fund, except	90345
that for fees that are assessed only once every three years, three	90346
dollars of each triennial fee shall be credited to the real estate	90347
education and research fund.	90348

(D) In all cases, the fee and any penalty shall accompany the	90349
application for the license, license transfer, or license	90350
reactivation or shall accompany the filing of the renewal.	90351

(E) The commission may establish by rule reasonable fees for	90352
services not otherwise established by this chapter.	90353

(F) The commission may adopt rules that provide for a	90354
reduction in the fees established in divisions (B)(2) and (3) of	90355
this section.	90356

Sec. 4735.16. (A) Every real estate broker licensed under	90357
this chapter ~~shall have and maintain a definite place of business~~	90358
~~in this state and~~ shall erect or maintain a sign on the business	90359
premises plainly stating that the licensee is a real estate	90360
broker. If the real estate broker maintains one or more branch	90361
offices, the real estate broker shall erect or maintain a sign at	90362
each branch office plainly stating that the licensee is a real	90363
estate broker.	90364

(B)(1) Any licensed real estate broker or salesperson who	90365
advertises to buy, sell, exchange, or lease real estate, or to	90366
engage in any act regulated by this chapter, ~~including, but not~~	90367
~~limited to, any licensed real estate broker or salesperson who~~	90368
~~advertises to sell, exchange, or lease real estate that the~~	90369
~~licensee owns~~with respect to property the licensee does not own,	90370
shall be identified in the advertisement by name and ~~by indicating~~	90371
~~that the licensee is a real estate broker or real estate~~	90372
~~salesperson. Except a real estate salesperson who advertises the~~	90373
~~sale, exchange, or lease of real estate that the salesperson owns~~	90374
~~and that is not listed for sale, exchange, or lease with a real~~	90375
~~estate broker, any real estate salesperson who advertises, as~~	90376
~~provided in this section, also shall indicate in the advertisement~~	90377
~~the name of the broker under whom the salesperson is licensed and~~	90378
~~the fact that the salesperson's broker is a real estate broker.~~	90379
~~The name of the broker shall be displayed in equal prominence with~~	90380
~~the name of the salesperson in the advertisement~~indicate the	90381
name of the brokerage with which the licensee is affiliated.	90382

(2) Any licensed real estate broker or sales person who	90383
advertises to sell, exchange, or lease real estate, or to engage	90384
in any act regulated by this chapter, with respect to property	90385
that the licensee owns, shall be identified in the advertisement	90386
by name and indicate that the property is agent owned, and if the	90387
property is listed with a real estate brokerage, the advertisement	90388
shall also indicate the name of the brokerage with which the	90389
property is listed.	90390

(3) The name of the brokerage shall be displayed in equal	90391
prominence with the name of the salesperson in the advertisement.	90392
For purposes of this section, "brokerage" means the name the real	90393
estate company or sole broker is doing business as, or if the real	90394
estate company or sole broker does not use such a name, the name	90395
of the real estate company or sole broker as licensed.	90396

(4) A real estate broker who is representing a seller under	90397
an exclusive right to sell or lease listing agreement shall not	90398
advertise such property to the public as "for sale by owner" or	90399
otherwise mislead the public to believe that the seller is not	90400
represented by a real estate broker.	90401

~~(3)~~(5) If any real estate broker or real estate salesperson	90402
advertises in a manner other than as provided in this section or	90403
the rules adopted under this section, that advertisement is	90404
prima-facie evidence of a violation under division (A)(21) of	90405
section 4735.18 of the Revised Code.	90406

When the superintendent determines that prima-facie evidence	90407
of a violation of division (A)(21) of section 4735.18 of the	90408
Revised Code or any of the rules adopted thereunder exists, the	90409
superintendent may do either of the following:	90410

(a) Initiate disciplinary action under section 4735.051 of	90411
the Revised Code for a violation of division (A)(21) of section	90412
4735.18 of the Revised Code, in accordance with Chapter 119. of	90413
the Revised Code;	90414

(b) Personally, or by certified mail, serve a citation upon	90415
the licensee.	90416

(C)(1) Every citation served under this section shall give	90417
notice to the licensee of the alleged violation or violations	90418
charged and inform the licensee of the opportunity to request a	90419
hearing in accordance with Chapter 119. of the Revised Code. The	90420
citation also shall contain a statement of a fine of two hundred	90421
dollars per violation, not to exceed two thousand five hundred	90422
dollars per citation. All fines collected pursuant to this section	90423
shall be credited to the real estate recovery fund, created in the	90424
state treasury under section 4735.12 of the Revised Code.	90425

(2) If any licensee is cited three times within twelve	90426
consecutive months, the superintendent shall initiate disciplinary	90427
action pursuant to section 4735.051 of the Revised Code for any	90428
subsequent violation that occurs within the same twelve-month	90429
period.	90430

(3) If a licensee fails to request a hearing within thirty	90431
days of the date of service of the citation, or the licensee and	90432
the superintendent fail to reach an alternative agreement, the	90433
citation shall become final.	90434

(4) Unless otherwise indicated, the licensee named in a final	90435
citation must meet all requirements contained in the final	90436
citation within thirty days of the effective date of that	90437
citation.	90438

(5) The superintendent shall suspend automatically a	90439
licensee's license if the licensee fails to comply with division	90440
(C)(4) of this section.	90441

(D) A real estate broker or salesperson obtaining the	90442
signature of a party to a listing or other agreement involved in a	90443
real estate transaction shall furnish a copy of the listing or	90444
other agreement to the party immediately after obtaining the	90445
party's signature. Every broker's office shall prominently display	90446
in the same immediate area as licenses are displayed a statement	90447
that it is illegal to discriminate against any person because of	90448
race, color, religion, sex, familial status as defined in section	90449
4112.01 of the Revised Code, national origin, military status as	90450
defined in that section, disability as defined in that section, or	90451
ancestry in the sale or rental of housing or residential lots, in	90452
advertising the sale or rental of housing, in the financing of	90453
housing, or in the provision of real estate brokerage services and	90454
that blockbusting also is illegal. The statement shall bear the	90455
United States department of housing and urban development equal	90456
housing logo, shall contain the information that the broker and	90457
the broker's salespersons are licensed by the division of real	90458
estate and professional licensing and that the division can assist	90459
with any consumer complaints or inquiries, and shall explain the	90460
provisions of section 4735.12 of the Revised Code. The statement	90461
shall provide the division's address and telephone number. The	90462
Ohio real estate commission shall provide by rule for the wording	90463
and size of the statement. The pamphlet required under section	90464
4735.03 of the Revised Code shall contain the same statement that	90465
is required on the statement displayed as provided in this section	90466
and shall be made available by real estate brokers and	90467
salespersons to their clients. The commission shall provide the	90468
wording and size of the pamphlet.	90469

Sec. 4735.17. Licenses may be issued under sections 4735.01	90470
to 4735.23 of the Revised Code, to nonresidents of this state and	90471
to foreign corporations, subject to the following additional	90472
requirements:	90473

(A) The licensee, if a broker, shall maintain an active place	90474
of business in this state. A post office box is not an active	90475
place of business for purposes of this section.	90476

(B) Every nonresident applicant shall file an irrevocable	90477
consent that suits and actions may be commenced against such	90478
applicant in the proper court of any county of this state in which	90479
a cause of action may arise or in which the plaintiff may reside	90480
by the service of any process or pleading authorized by the laws	90481
of this state on the superintendent of real estate. The consent	90482
shall stipulate that such service shall be taken and held in all	90483
courts as valid and binding as if proper service had been made	90484
upon the applicant in this state. The instrument containing such	90485
consent shall be authenticated by signature or by corporate seal.	90486
All applications of firms or corporations shall be accompanied by	90487
a certified copy of the resolution of the proper officers or	90488
managing board authorizing the proper officer to execute them. A	90489
duplicate copy of any process or pleading served on the	90490
superintendent shall be immediately forwarded by certified mail to	90491
the main office of the licensee against which that process or	90492
pleading is directed.	90493

Sec. 4735.18. (A) Subject to section 4735.32 of the Revised	90494
Code, the superintendent of real estate, upon the superintendent's	90495
own motion, may investigate the conduct of any licensee. Subject	90496
to section 4735.32 of the Revised Code, the Ohio real estate	90497
commission shall~~, pursuant to section 4735.051 of the Revised~~	90498
~~Code,~~ impose disciplinary sanctions upon any licensee who, whether	90499
or not acting in the licensee's capacity as a real estate broker	90500
or salesperson, or in handling the licensee's own property, is	90501
found to have been convicted of a felony or a crime of moral	90502
turpitude, and ~~shall, pursuant to section 4735.051 of the Revised~~	90503
~~Code,~~may impose disciplinary sanctions upon any licensee who, in	90504
the licensee's capacity as a real estate broker or salesperson, or	90505
in handling the licensee's own property, is found guilty of:	90506

(1) Knowingly making any misrepresentation;

90507

(2) Making any false promises with intent to influence,	90508
persuade, or induce;	90509

(3) A continued course of misrepresentation or the making of	90510
false promises through agents, salespersons, advertising, or	90511
otherwise;	90512

(4) Acting for more than one party in a transaction except as	90513
permitted by and in compliance with section 4735.71 of the Revised	90514
Code;	90515

(5) Failure within a reasonable time to account for or to	90516
remit any money coming into the licensee's possession which	90517
belongs to others;	90518

(6) Dishonest or illegal dealing, gross negligence,	90519
incompetency, or misconduct;	90520

(7)(a) By final adjudication by a court, a violation of any	90521
municipal or federal civil rights law relevant to the protection	90522
of purchasers or sellers of real estate or, by final adjudication	90523
by a court, any unlawful discriminatory practice pertaining to the	90524
purchase or sale of real estate prohibited by Chapter 4112. of the	90525
Revised Code, provided that such violation arose out of a	90526
situation wherein parties were engaged in bona fide efforts to	90527
purchase, sell, or lease real estate, in the licensee's practice	90528
as a licensed real estate broker or salesperson;	90529

(b) A second or subsequent violation of any unlawful	90530
discriminatory practice pertaining to the purchase or sale of real	90531
estate prohibited by Chapter 4112. of the Revised Code or any	90532
second or subsequent violation of municipal or federal civil	90533
rights laws relevant to purchasing or selling real estate whether	90534
or not there has been a final adjudication by a court, provided	90535
that such violation arose out of a situation wherein parties were	90536
engaged in bona fide efforts to purchase, sell, or lease real	90537
estate. For any second offense under this division, the commission	90538
shall suspend for a minimum of two months or revoke the license of	90539
the broker or salesperson. For any subsequent offense, the	90540
commission shall revoke the license of the broker or salesperson.	90541

(8) Procuring a license under this chapter, for the licensee	90542
or any salesperson by fraud, misrepresentation, or deceit;	90543

(9) Having violated or failed to comply with any provision of	90544
sections 4735.51 to 4735.74 of the Revised Code or having	90545
willfully disregarded or violated any other provisions of this	90546
chapter;	90547

(10) As a real estate broker, having demanded, without	90548
reasonable cause, other than from a broker licensed under this	90549
chapter, a commission to which the licensee is not entitled, or,	90550
as a real estate salesperson, having demanded, without reasonable	90551
cause, a commission to which the licensee is not entitled;	90552

(11) Except as permitted under section 4735.20 of the Revised	90553
Code, having paid commissions or fees to, or divided commissions	90554
or fees with, anyone not licensed as a real estate broker or	90555
salesperson under this chapter or anyone not operating as an	90556
out-of-state commercial real estate broker or salesperson under	90557
section 4735.022 of the Revised Code;	90558

(12) Having falsely represented membership in any real estate	90559
professional association of which the licensee is not a member;	90560

(13) Having accepted, given, or charged any undisclosed	90561
commission, rebate, or direct profit on expenditures made for a	90562
principal;	90563

(14) Having offered anything of value other than the	90564
consideration recited in the sales contract as an inducement to a	90565
person to enter into a contract for the purchase or sale of real	90566
estate or having offered real estate or the improvements on real	90567
estate as a prize in a lottery or scheme of chance;	90568

(15) Having acted in the dual capacity of real estate broker	90569
and undisclosed principal, or real estate salesperson and	90570
undisclosed principal, in any transaction;	90571

(16) Having guaranteed, authorized, or permitted any person	90572
to guarantee future profits which may result from the resale of	90573
real property;	90574

(17) Having advertised or placed a sign on any property	90575
offering it for sale or for rent without the consent of the owner	90576
or the owner's authorized agent;	90577

(18) Having induced any party to a contract of sale or lease	90578
to break such contract for the purpose of substituting in lieu of	90579
it a new contract with another principal;	90580

(19) Having negotiated the sale, exchange, or lease of any	90581
real property directly with a seller, purchaser, lessor, or tenant	90582
knowing that such seller, purchaser, lessor, or tenant is	90583
represented by another broker under a written exclusive agency	90584
agreement, exclusive right to sell or lease listing agreement, or	90585
exclusive purchaser agency agreement with respect to such property	90586
except as provided for in section 4735.75 of the Revised Code;	90587

(20) Having offered real property for sale or for lease	90588
without the knowledge and consent of the owner or the owner's	90589
authorized agent, or on any terms other than those authorized by	90590
the owner or the owner's authorized agent;	90591

(21) Having published advertising, whether printed, radio,	90592
display, or of any other nature, which was misleading or	90593
inaccurate in any material particular, or in any way having	90594
misrepresented any properties, terms, values, policies, or	90595
services of the business conducted;	90596

(22) Having knowingly withheld from or inserted in any	90597
statement of account or invoice any statement that made it	90598
inaccurate in any material particular;	90599

(23) Having published or circulated unjustified or	90600
unwarranted threats of legal proceedings which tended to or had	90601
the effect of harassing competitors or intimidating their	90602
customers;	90603

(24) Having failed to keep complete and accurate records of	90604
all transactions for a period of three years from the date of the	90605
transaction, such records to include copies of listing forms,	90606
earnest money receipts, offers to purchase and acceptances of	90607
them, records of receipts and disbursements of all funds received	90608
by the licensee as broker and incident to the licensee's	90609
transactions as such, and records required pursuant to divisions	90610
(C)(4) and (5) of section 4735.20 of the Revised Code, and any	90611
other instruments or papers related to the performance of any of	90612
the acts set forth in the definition of a real estate broker;	90613

(25) Failure of a real estate broker or salesperson to	90614
furnish all parties involved in a real estate transaction true	90615
copies of all listings and other agreements to which they are a	90616
party, at the time each party signs them;	90617

(26) Failure to maintain at all times a special or trust bank	90618
account in a depository located in this state. The account shall	90619
be noninterest-bearing, separate and distinct from any personal or	90620
other account of the broker, and, except as provided in division	90621
(A)(27) of this section, shall be used for the deposit and	90622
maintenance of all escrow funds, security deposits, and other	90623
moneys received by the broker in a fiduciary capacity. The name,	90624
account number, if any, and location of the depository wherein	90625
such special or trust account is maintained shall be submitted in	90626
writing to the superintendent. Checks drawn on such special or	90627
trust bank accounts are deemed to meet the conditions imposed by	90628
section 1349.21 of the Revised Code. Funds deposited in the trust	90629
or special account in connection with a purchase agreement shall	90630
be maintained in accordance with section 4735.24 of the Revised	90631
Code.	90632

(27) Failure to maintain at all times a special or trust bank	90633
account in a depository in this state, to be used exclusively for	90634
the deposit and maintenance of all rents, security deposits,	90635
escrow funds, and other moneys received by the broker in a	90636
fiduciary capacity in the course of managing real property. This	90637
account shall be separate and distinct from any other account	90638
maintained by the broker. The name, account number, and location	90639
of the depository shall be submitted in writing to the	90640
superintendent. This account may earn interest, which shall be	90641
paid to the property owners on a pro rata basis.	90642

Division (A)(27) of this section does not apply to brokers	90643
who are not engaged in the management of real property on behalf	90644
of real property owners.	90645

(28) Having failed to put definite expiration dates in all	90646
written agency agreements to which the broker is a party;	90647

(29) Having an unsatisfied final judgment or lien in any	90648
court of record against the licensee arising out of the licensee's	90649
conduct as a licensed broker or salesperson;	90650

(30) Failing to render promptly upon demand a full and	90651
complete statement of the expenditures by the broker or	90652
salesperson of funds advanced by or on behalf of a party to a real	90653
estate transaction to the broker or salesperson for the purpose of	90654
performing duties as a licensee under this chapter in conjunction	90655
with the real estate transaction;	90656

(31) Failure within a reasonable time, after the receipt of	90657
the commission by the broker, to render an accounting to and pay a	90658
real estate salesperson the salesperson's earned share of it;	90659

(32) Performing any service for another constituting the	90660
practice of law, as determined by any court of law;	90661

(33) Having been adjudicated incompetent for the purpose of	90662
holding the license by a court, as provided in section 5122.301 of	90663
the Revised Code. A license revoked or suspended under this	90664
division shall be reactivated upon proof to the commission of the	90665
removal of the disability.	90666

(34) Having authorized or permitted a person to act as an	90667
agent in the capacity of a real estate broker, or a real estate	90668
salesperson, who was not then licensed as a real estate broker or	90669
real estate salesperson under this chapter or who was not then	90670
operating as an out-of-state commercial real estate broker or	90671
salesperson under section 4735.022 of the Revised Code;	90672

(35) Having knowingly inserted or participated in inserting	90673
any materially inaccurate term in a document, including naming a	90674
false consideration;	90675

(36) Having failed to inform the licensee's client of the	90676
existence of an offer or counteroffer or having failed to present	90677
an offer or counteroffer in a timely manner, unless otherwise	90678
instructed by the client, provided the instruction of the client	90679
does not conflict with any state or federal law;	90680

(37) Having failed to comply with section 4735.24 of the	90681
Revised Code.	90682

(B) Whenever the commission, pursuant to section 4735.051 of	90683
the Revised Code, imposes disciplinary sanctions for any violation	90684
of this section, the commission also may impose such sanctions	90685
upon the broker with whom the salesperson is affiliated if the	90686
commission finds that the broker had knowledge of the	90687
salesperson's actions that violated this section.	90688

(C) The commission shall, pursuant to section 4735.051 of the	90689
Revised Code, impose disciplinary sanctions upon any foreign real	90690
estate dealer or salesperson who, in that capacity or in handling	90691
the dealer's or salesperson's own property, is found guilty of any	90692
of the acts or omissions specified or comprehended in division (A)	90693
of this section insofar as the acts or omissions pertain to	90694
foreign real estate. If the commission imposes such sanctions upon	90695
a foreign real estate salesperson for a violation of this section,	90696
the commission also may suspend or revoke the license of the	90697
foreign real estate dealer with whom the salesperson is affiliated	90698
if the commission finds that the dealer had knowledge of the	90699
salesperson's actions that violated this section.	90700

(D) The commission may suspend, in whole or in part, the	90701
imposition of the penalty of suspension of a license under this	90702
section.	90703

~~(E) The commission immediately shall notify the real estate~~	90704
~~appraiser board of any disciplinary action taken under this~~	90705
~~section against a licensee who also is a state-certified real~~	90706
~~estate appraiser under Chapter 4763. of the Revised Code.~~	90707

Sec. 4735.181. (A) No real estate broker or salesperson	90708
licensed pursuant to this chapter shall fail to comply with	90709
divisions (B) or (D) of section 4735.13, division (D) of section	90710
4735.14, or sections 4735.55, 4735.56, and 4735.58 of the Revised	90711
Code or any rules adopted under those divisions or sections.	90712

(B) When the superintendent determines that a licensee has	90713
violated division (A) of this section, the superintendent may do	90714
either of the following:	90715

(1) Initiate disciplinary action under section 4735.051 of	90716
the Revised Code, in accordance with Chapter 119. of the Revised	90717
Code;	90718

(2) Personally, or by certified mail, serve a citation and	90719
impose sanctions in accordance with this section upon the	90720
licensee.	90721

(C) Every citation served under this section shall give	90722
notice to the licensee of the alleged violation or violations	90723
charged and inform the licensee of the opportunity to request a	90724
hearing in accordance with Chapter 119. of the Revised Code. The	90725
citation also shall contain a statement of a fine of up to two	90726
hundred dollars per violation. All fines collected pursuant to	90727
this section shall be credited to the real estate recovery fund,	90728
created in the state treasury under section 4735.12 of the Revised	90729
Code.	90730

(D) If any licensee is cited three times under this section	90731
within twelve consecutive months, the superintendent shall	90732
initiate disciplinary action pursuant to section 4735.051 of the	90733
Revised Code for any subsequent violation that occurs within the	90734
same twelve-month period.	90735

If a licensee fails to request a hearing within thirty days	90736
after the date of service of the citation, or the licensee and the	90737
superintendent fail to reach an alternative agreement, the	90738
citation shall become final.	90739

(E) Unless otherwise indicated, the licensee named in a final	90740
citation under this section must meet all requirements contained	90741
in the final citation within thirty days after the effective date	90742
of that citation.	90743

(F) The superintendent shall suspend automatically a	90744
licensee's license if the licensee fails to comply with division	90745
(E) of this section.	90746

Sec. 4735.182. If a check or other draft instrument used to	90747
pay any fee required under this chapter is returned to the	90748
superintendent ~~for insufficient funds~~unpaid by the financial	90749
institution upon which it is drawn for any reason, the	90750
superintendent shall notify the ~~licensee~~entity or person that the	90751
check or other draft instrument was returned for insufficient	90752
funds ~~and~~.	90753

(A) If the check or draft instrument was submitted by a	90754
licensee, the superintendent shall also notify the licensee that	90755
the licensee's license will be suspended unless the licensee,	90756
within fifteen days after the mailing of the notice, submits the	90757
fee and a one-hundred-dollar fee to the superintendent. If the	90758
licensee does not submit both fees within that time period, or if	90759
any check or other draft instrument used to pay either of those	90760
fees is returned to the superintendent ~~for insufficient funds~~	90761
unpaid by the financial institution upon which it is drawn for any	90762
reason, the license shall be suspended immediately without a	90763
hearing and the licensee shall cease activity as a licensee under	90764
this chapter.	90765

(B) If the check or draft instrument was remitted by a person	90766
or entity applying to qualify foreign real estate or renew a	90767
property registration, the superintendent shall also notify the	90768
applicant that registration will be suspended, unless the	90769
applicant, within fifteen days after the mailing of the notice,	90770
submits the fee and a one-hundred-dollar fee to the	90771
superintendent. If the applicant does not submit both fees within	90772
that time period, or if any check or other draft instrument used	90773
to pay either of the fees is returned to the superintendent unpaid	90774
by the financial institution upon which it is drawn for any	90775
reason, the property registration shall be suspended immediately	90776
without a hearing and the applicant shall cease activity.	90777

(C) If the check or draft instrument was remitted by an	90778
applicant for licensure, that application shall automatically be	90779
rejected or approval withdrawn, unless the applicant, within	90780
fifteen days after the mailing of the notice, submits the fee and	90781
a one-hundred-dollar fee to the superintendent. If the applicant	90782
does not submit both fees within that time period, or if any check	90783
or other draft instrument used to pay either of those fees is	90784
returned to the superintendent unpaid by the financial institution	90785
upon which it is drawn for any reason, the application shall be	90786
denied or approval withdrawn.	90787

(D) If the check or draft instrument was remitted by an	90788
education course provider or course provider applicant, that	90789
application shall automatically be rejected or approval withdrawn,	90790
unless applicant, within fifteen days after the mailing of the	90791
notice, submits the fee and a one-hundred-dollar fee to the	90792
superintendent. If the applicant does not submit both fees within	90793
that time period, or if any check or other draft instrument used	90794
to pay either of those fees is returned to the superintendent	90795
unpaid by the financial institution upon which it is drawn for any	90796
reason, the application shall be denied or approval withdrawn.	90797

Sec. 4735.19. The Ohio real estate commission shall keep a	90798
record of its proceedings and, upon application of an interested	90799
party, or upon its own motion and notice to the interested	90800
parties, may ~~reverse, vacate, or modify~~hold a hearing to consider	90801
reversing, vacating, or modifying its own orders. An application	90802
~~to the commission to reverse, vacate, or modify an order~~ shall be	90803
filed with the division within fifteen days after the mailing of	90804
the notice of the order of the commission to the interested	90805
parties ~~pursuant to section 119.09 of the Revised Code~~. The	90806
commission may adopt rules in accordance with Chapter 119. of the	90807
Revised Code establishing the circumstances in which an interested	90808
party may request reconsideration.	90809

Any applicant~~, licensee,~~ or ~~complainant,~~respondent	90810
dissatisfied with an order of the commission may appeal in	90811
accordance with Chapter 119. of the Revised Code.	90812

Sec. 4735.20. (A) Except as provided in divisions (B), (C),	90813
and (G) of this section, no licensed real estate broker or	90814
licensed foreign real estate dealer shall pay a commission, fee,	90815
or other compensation for performing any of the acts specified in	90816
section 4735.01 of the Revised Code to any person who is not a	90817
licensed real estate broker or a licensed real estate salesperson	90818
or to any person who is not a licensed foreign real estate dealer	90819
or a licensed foreign real estate salesperson.	90820

(B) A licensed real estate broker or licensed foreign real	90821
estate dealer may pay a commission to a licensed real estate	90822
broker or licensed foreign real estate dealer of another state or	90823
country and may receive a commission from a licensed real estate	90824
broker or licensed foreign real estate dealer of another state or	90825
country, but only when done in accordance with rules adopted by	90826
the Ohio real estate commission pursuant to section 4735.10 of the	90827
Revised Code.	90828

(C) A licensed real estate broker may pay all or part of a	90829
fee, commission, or other compensation earned by an affiliated	90830
licensee to a partnership, association, limited liability company,	90831
limited liability partnership, or corporation that is not licensed	90832
as a real estate broker on the condition that all of the following	90833
conditions are satisfied:	90834

(1) At least one of the partners, members, officers, or	90835
shareholders of the unlicensed partnership, association, limited	90836
liability company, limited liability partnership, or corporation	90837
holds a valid and active license issued under this chapter.	90838

(2) At least one of the partners, members, officers, or	90839
shareholders of the unlicensed partnership, association, limited	90840
liability company, limited liability partnership, or corporation	90841
is the affiliated licensee who earned the fee, commission, or	90842
other compensation.	90843

(3) The unlicensed partnership, association, limited	90844
liability company, limited liability partnership, or corporation	90845
does not engage in any of the acts specified in division (A) of	90846
section 4735.01 of the Revised Code.	90847

(4) The broker verifies that the affiliated licensee complies	90848
with divisions (C)(1) and (2) of this section and keeps a record	90849
of this verification for a period of three years after the date of	90850
verification.	90851

(5) The broker keeps a record of all of the following	90852
information for each transaction, for a period of three years	90853
after the date of the transaction:	90854

(a) The name of the affiliated licensee who earned the fee,	90855
commission, or other compensation;	90856

(b) The amount of the fee, commission, or other compensation	90857
that was earned;	90858

(c) The name of the unlicensed partnership, association,	90859
limited liability company, limited liability partnership, or	90860
corporation to which the broker paid the affiliated licensee's	90861
fee, commission, or other compensation.	90862

(D) Compliance with division (C) of this section does not	90863
relieve a broker described in that division of any obligations to	90864
supervise an affiliated licensee, or of any other requirements of	90865
this chapter or rules adopted pursuant to this chapter.	90866

(E) Compliance with division (C) of this section does not	90867
render a broker described in that division or an affiliated	90868
licensee exempt from sections 4735.051, 4735.18, orand 4735.32 of	90869
the Revised Code, or immune from personal liability in a civil	90870
action against the broker or affiliated licensee for a violation	90871
of this chapter.	90872

(F) No broker shall pay a fee, commission, or other	90873
compensation that is due to an affiliated licensee to a	90874
third-party creditor of the affiliated licensee.	90875

(G) Any owner of any interest in foreign real estate may	90876
refer a prospective buyer to the person who sold the owner that	90877
foreign real estate with the expectation of receiving valuable	90878
consideration, if all of the following conditions are satisfied:	90879

(1) The person who sold the owner that foreign real estate is	90880
selling qualified foreign real estate pursuant to section 4735.25	90881
of the Revised Code.	90882

(2) Any fee, commission, or other valuable consideration	90883
promised or collected during any period consisting of twelve	90884
consecutive months does not exceed one thousand dollars.	90885

(3) The owner does not engage in referring prospective buyers	90886
of foreign real estate pursuant to this section in the ordinary	90887
course of business or as a regular business practice.	90888

(4) The owner does not show the foreign real estate, discuss	90889
terms or conditions of purchasing the foreign real estate, or	90890
otherwise participate in negotiations with regard to the offering	90891
or sale of the foreign real estate.	90892

(5) If a foreign real estate transaction is consummated with	90893
a buyer who was referred by the owner to the person who sold the	90894
owner that foreign real estate, the occurrence of the referral	90895
shall be disclosed by the person who sold the owner that foreign	90896
real estate.	90897

(H) The suspension or revocation of a real estate broker's or	90898
foreign real estate dealer's license automatically shall suspend	90899
every real estate salesperson's or foreign real estate	90900
salesperson's license granted to any person by virtue of	90901
association with the broker or dealer whose license has been	90902
suspended or revoked, pending a change of broker or dealer and the	90903
issuance of a new license. Such new license shall be issued	90904
without charges, if granted during the same year in which the	90905
original license was granted.	90906

(I) A violation of this section is cause for imposing	90907
disciplinary sanctions in accordance with the proceedings	90908
specified in sections 4735.051, 4735.18, and 4735.32 of the	90909
Revised Code.	90910

(J) For purposes of this section, "affiliated licensee" means	90911
a person who holds a valid and active license issued under this	90912
chapter and who is associated with the broker that is paying a	90913
fee, commission, or other compensation at the time that that fee,	90914
commission, or other compensation is earned.	90915

Sec. 4735.21. No right of action shall accrue to any person,	90916
partnership, association, or corporation for the collection of	90917
compensation for the performance of the acts mentioned in section	90918
4735.01 of the Revised Code, without alleging and proving that	90919
such person, partnership, association, or corporation was licensed	90920
as a real estate broker or foreign real estate dealer. Nothing	90921
contained in this section shall prevent a right of action from	90922
accruing after the expiration of a real estate or foreign real	90923
estate license if the act giving rise to the cause of action was	90924
performed by a licensee prior to such expiration.	90925

No real estate ~~salesman~~salesperson or foreign real estate	90926
~~salesman~~salesperson shall collect any money in connection with	90927
any real estate or foreign real estate brokerage transaction,	90928
whether as a commission, deposit, payment, rental, or otherwise,	90929
except in the name of and with the consent of the licensed real	90930
estate broker or licensed foreign real estate dealer under whom he	90931
the salesperson is licensed at the time the sales person earned	90932
the commission. Nor shall any real estate ~~salesman~~salesperson or	90933
foreign real estate ~~salesman~~salesperson commence or maintain any	90934
action for a commission or other compensation in connection with a	90935
real estate or foreign real estate brokerage transaction, against	90936
any person except a person licensed as a real estate broker or	90937
foreign real estate dealer under whom hethe salesperson is	90938
licensed as a ~~salesman~~salesperson at the time the cause of action	90939
arose.	90940

A salesperson licensed under this chapter shall not sell,	90941
assign, or otherwise transfer the salesperson's interest in a	90942
commission or any portion thereof to an unlicensed person or	90943
entity. If a salesperson makes such assignment or transfer, the	90944
broker shall not pay the transferee or assignee any portion of the	90945
commission. No cause of action shall arise on behalf of any person	90946
against a broker for not paying an assignee or transferee any	90947
portion of such an assignment or transfer.	90948

Sec. 4735.211. All fines imposed under section 4735.051 of	90949
the Revised Code, and all fees and charges collected under	90950
sections 4735.06, 4735.09, 4735.13, 4735.15, 4735.25, 4735.27,	90951
4735.28, and 4735.29 of the Revised Code, except such fees as are	90952
paid to the real estate education and research fund and real	90953
estate recovery fund as provided in this chapter, shall be paid	90954
into the state treasury to the credit of the division of real	90955
estate operating fund, which is hereby created. All operating	90956
expenses of the division of real estate shall be paid from the	90957
division of real estate operating fund.	90958

The division of real estate operating fund shall be assessed	90959
a proportionate share of the administrative costs of the	90960
department of commerce in accordance with procedures prescribed by	90961
the director of commerce and approved by the director of budget	90962
and management. Such assessments shall be paid from the division	90963
of real estate operating fund to the division of administration	90964
fund.	90965

If funds in the division of real estate operating fund are	90966
determined by the director of commerce to be in excess of those	90967
necessary to fund all the expenses of the division in any	90968
biennium, ~~he shall~~the director may pay the excess funds to the	90969
real estate education and research fund.	90970

Sec. 4735.32. (A)(1) The Ohio real estate commission or the	90971
superintendent of real estate may commence, at any time within	90972
three years from the date on which an alleged violation of a	90973
provision of this or another chapter of the Revised Code occurred,	90974
any investigation that relates to the conduct of a licensed real	90975
estate broker, real estate salesperson, foreign real estate	90976
dealer, or foreign real estate salesperson, that is authorized	90977
pursuant to section 1349.11, 4735.051, 4735.052, or 4735.18, or	90978
any other section of the Revised Code, and that is for purposes of	90979
determining whether ~~the~~a licensee, unlicensed person, or	90980
unlicensed entity has violated a provision of this or another	90981
chapter of the Revised Code and whether, as a consequence, ~~the~~a	90982
licensee's license should be suspended or revoked, or other	90983
disciplinary action taken, as provided in this or another chapter	90984
of the Revised Code. If such an investigation is not commenced	90985
within the three-year period, it shall be barred, and neither the	90986
commission nor the superintendent shall suspend or revoke the	90987
license of any licensee, or take other disciplinary action against	90988
any licensee, unlicensed person, or unlicensed entity because of	90989
the alleged violation of a provision of this or another chapter of	90990
the Revised Code that could have been the subject of the barred	90991
investigation.	90992

(2) For purposes of division (A)(1) of this section, if an	90993
investigation that is authorized by section 4735.051 of the	90994
Revised Code is involved, it shall be considered to be commenced	90995
as of the date on which a person files athe complaint with the	90996
division of real estate ~~pursuant to division (A) of that section~~.	90997

(B) This section does not affect any criminal or civil	90998
liability that a licensed real estate broker, real estate	90999
salesperson, foreign real estate dealer, or foreign real estate	91000
salesperson, or any unlicensed person, may have under this or	91001
another chapter of the Revised Code or under the common law of	91002
this state.	91003

Sec. 4735.55. (A) Each written agency agreement shall	91004
contain all of the following:	91005

(1) An expiration date;

91006

(2) A statement that it is illegal, pursuant to the Ohio fair	91007
housing law, division (H) of section 4112.02 of the Revised Code,	91008
and the federal fair housing law, 42 U.S.C.A. 3601, as amended, to	91009
refuse to sell, transfer, assign, rent, lease, sublease, or	91010
finance housing accommodations, refuse to negotiate for the sale	91011
or rental of housing accommodations, or otherwise deny or make	91012
unavailable housing accommodations because of race, color,	91013
religion, sex, familial status as defined in section 4112.01 of	91014
the Revised Code, ancestry, military status as defined in that	91015
section, disability as defined in that section, or national origin	91016
or to so discriminate in advertising the sale or rental of	91017
housing, in the financing of housing, or in the provision of real	91018
estate brokerage services;	91019

(3) A statement defining the practice known as "blockbusting"	91020
and stating that it is illegal;	91021

(4) A copy of the United States department of housing and	91022
urban development equal housing opportunity logotype, as set forth	91023
in 24 C.F.R. 109.30, as amended.	91024

(B) Each written agency agreement shall contain a place for	91025
the licensee and the client to sign and date the agreement.	91026

(C) A licensee shall furnish a copy of any written agency	91027
agreement to a client in a timely manner after the licensee and	91028
the client have signed and dated it.	91029

Sec. 4735.58. (A)(1) A licensee who is a purchaser's agent	91030
or a seller's subagent working with a purchaser shall present the	91031
agency disclosure statement described in section 4735.57 of the	91032
Revised Code to the purchaser and request the purchaser to sign	91033
and date the statement no later than the preparation of an offer	91034
to purchase or lease, or a written request for a proposal to	91035
lease. The licensee shall deliver the statement signed by the	91036
purchaser to the seller's agent, or to the seller if the seller is	91037
not represented by an agent. Prior to presenting the seller with	91038
either a written offer to purchase or lease, or a written request	91039
for a proposal to lease, the seller's agent, or the purchaser's	91040
agent if the seller is not represented by an agent, shall present	91041
the agency disclosure statement to the seller and request the	91042
seller to sign and date the statement.	91043

(2) A licensee shall indicate the accurate agency	91044
relationship on the agency disclosure statement.	91045

(B) A licensee selling property at auction shall, prior to	91046
the auction, verbally disclose to the audience that the licensee	91047
represents the seller in the real estate transaction. The licensee	91048
shall provide the agency disclosure statement described in section	91049
4735.57 of the Revised Code to the successful bidder prior to the	91050
bidder's signing a purchase contract.	91051

(C) Evidence that a licensee has failed to comply with this	91052
section constitutes prima-facie evidence of misconduct in	91053
violation of division (A)(6) of section 4735.18 of the Revised	91054
Code.	91055

(D) The disclosure requirements of this section do not apply	91056
in any of the following situations:	91057

(1) The rental or leasing of residential premises as defined	91058
in section 5321.01 of the Revised Code, if the rental or lease	91059
agreement can be performed in eighteen months or less;	91060

(2) The referral of a prospective purchaser or seller to	91061
another licensee;	91062

(3) Transactions involving the sale, lease, or exchange of	91063
foreign real estate as defined in division (E) of section 4735.01	91064
of the Revised Code;	91065

(4) Transactions involving the sale of a cemetery lot or a	91066
cemetery interment right.	91067

(E) The licensee is obligated to perform all duties imposed	91068
on a real estate agent at common law except to the extent the	91069
duties are inconsistent with the duties prescribed in this chapter	91070
or are otherwise modified by agreement.	91071

Sec. 4735.59. To change the party a licensee represents in a	91072
real estate transaction after an agency disclosure statement has	91073
been signed and dated or following verbal disclosure of the agency	91074
relationship, the licensee shall obtain written consent from the	91075
party originally represented to represent another party in the	91076
transaction. The licensee shall promptly notify all persons who	91077
had been notified of the original relationship.	91078

The Ohio real estate commission may adopt rules in accordance	91079
with Chapter 119. of the Revised Code to provide for required	91080
disclosures when a licensee terminates an agency relationship and	91081
becomes a principal in the transaction.	91082

Sec. 4735.62. In representing any client in an agency or	91083
subagency relationship, the licensee shall be a fiduciary of the	91084
client and shall use the licensee's best efforts to further the	91085
interest of the client including, but not limited to, doing all of	91086
the following:	91087

(A) Exercising reasonable skill and care in representing the	91088
client and carrying out the responsibilities of the agency	91089
relationship;	91090

(B) Performing the terms of any written agency agreement;

91091

91092

(D) Performing all duties specified in this chapter in a	91093
manner that is loyal to the interest of the client;	91094

(E) Complying with all requirements of this chapter and other	91095
applicable statutes, rules, and regulations, including the Ohio	91096
fair housing law, division (H) of section 4112.02 of the Revised	91097
Code, and the federal fair housing law, 42 U.S.C.A. 3601, as	91098
amended;	91099

(F) Disclosing to the client any material facts of the	91100
transaction of which the licensee is aware or should be aware in	91101
the exercise of reasonable skill and care and that are not	91102
confidential information pursuant to a current or prior agency or	91103
dual agency relationship;	91104

(G) Advising the client to obtain expert advice related to	91105
material matters when necessary or appropriate;	91106

(H) Accounting in a timely manner for all moneys and property	91107
received in which the client has or may have an interest;	91108

(I) Keeping confidential all confidential information, unless	91109
the licensee is permitted to disclose the information pursuant to	91110
division (B) of section 4735.74 of the Revised Code. This	91111
requirement includes not disclosing confidential information to	91112
any licensee who is not an agent of the client.	91113

Sec. 4735.68. (A) A licensee is not liable to any party for	91114
false information that the licensee's client provided to the	91115
licensee and that the licensee in turn provided to another party	91116
in the real estate transaction, unless the licensee had actual	91117
knowledge that the information was false or acted with reckless	91118
disregard for the truth.	91119

(B) No cause of action shall arise on behalf of any person	91120
against a client for any misrepresentation a licensee made while	91121
representing that client unless the client had actual knowledge of	91122
the licensee's misrepresentation.	91123

(C) Knowledge of or information contained in a brokerage or	91124
an affiliated or past licensee's transaction records of any	91125
current or previous defect, adverse condition, or repair in real	91126
property shall not be imputed to that broker or to other licensees	91127
affiliated with that broker. No cause of action based on imputed	91128
knowledge shall accrue on behalf of any person against a broker or	91129
affiliated licensee for failure to disclose such defects, adverse	91130
condition, or repair.	91131

Sec. 4735.71. (A) No licensee or brokerage shall participate	91132
in a dual agency relationship described in section 4735.70 of the	91133
Revised Code unless both the seller and the purchaser in the	91134
transaction have full knowledge of the dual representation and	91135
consent in writing to the dual representation on the agency	91136
disclosure statement described in section 4735.57 of the Revised	91137
Code. Before a licensee obtains the consent of any party to a dual	91138
agency relationship, the licensee shall disclose to both the	91139
purchaser and the seller all relevant information necessary to	91140
enable each party to make an informed decision as to whether to	91141
consent to the dual agency relationship. If, after consent is	91142
obtained, there is a material change in the information disclosed	91143
to the purchaser and the seller, the licensee shall disclose the	91144
change of information to the purchaser and the seller and give	91145
them an opportunity to revoke their consent.	91146

(B) No brokerage shall participate in a dual agency	91147
relationship described in division (C) of section 4735.70 of the	91148
Revised Code, unless each of the following conditions is met:	91149

(1) The brokerage has established a procedure under section	91150
4735.54 of the Revised Code under which licensees, including	91151
management level licensees, who represent one client will not have	91152
access to and will not obtain confidential information concerning	91153
another client of the brokerage involved in the dual agency	91154
transaction.	91155

(2) Each licensee fulfills the licensee's duties exclusively	91156
to the licensee's client.	91157

(C) No salesperson or broker licensed under this chapter	91158
shall participate in a dual agency relationship in which the	91159
licensee is a party to the transaction, either personally or as an	91160
officer or member of a partnership, association, limited liability	91161
company, limited liability partnership, or corporation that has an	91162
interest in the real property that is the subject of the	91163
transaction or an entity that has an intention of purchasing,	91164
leasing, or exchanging the real property.	91165

Sec. 4735.74. Unless otherwise agreed in writing, a licensee	91166
owes no further duty to a client after performance of all duties	91167
or after any contract has terminated or expired, except for both	91168
of the following:	91169

(A) Providing the client with an accounting of all moneys and	91170
property relating to the transaction;	91171

(B) Keeping confidential all information received during the	91172
course of the transaction unless;:	91173

(1) The client permits disclosure;

91174

(2) Disclosure is required by law or by court order;

91175

(3) The information becomes public from a source other than	91176
the licensee;	91177

(4) The information is necessary to prevent a crime the	91178
client intends to commit;	91179

(5) Disclosure is necessary to defend the brokerage or its	91180
licensees against an accusation of wrongful conduct or to	91181
establish or defend a claim that a commission is owed on a	91182
transaction.	91183

(6) Disclosure is regarding sales information requested by a	91184
registered appraiser assistant or a licensed or certified	91185
appraiser for the purposes of performing an appraisal. No cause of	91186
action shall arise on behalf of any person against a licensee for	91187
releasing information pursuant to this division.	91188

Sec. 4736.12. (A) The state board of sanitarian registration	91189
shall charge the following fees:	91190

(1) To apply as a sanitarian-in-training, eighty dollars;

91191

(2) For sanitarians-in-training to apply for registration as	91192
sanitarians, eighty dollars. The applicant shall pay this fee only	91193
once regardless of the number of times the applicant takes an	91194
examination required under section 4736.08 of the Revised Code.	91195

(3) For persons other than sanitarians-in-training to apply	91196
for registration as sanitarians, including persons meeting the	91197
requirements of section 4736.16 of the Revised Code, one hundred	91198
sixty dollars. The applicant shall pay this fee only once	91199
regardless of the number of times the applicant takes an	91200
examination required under section 4736.08 of the Revised Code.	91201

(4) The renewal fee for registered sanitarians shall be	91202
~~seventy-four~~eighty dollars.	91203

(5) The renewal fee for sanitarians-in-training shall be	91204
~~seventy-four~~eighty dollars.	91205

(6) For late application for renewal, ~~twenty-seven~~an	91206
additional fifty dollars.	91207

The board of sanitarian registration, with the approval of	91208
the controlling board, may establish fees in excess of the amounts	91209
provided in this section, provided that such fees do not exceed	91210
the amounts permitted by this section by more than fifty per cent.	91211

(B) The board of sanitarian registration shall charge	91212
separate fees for examinations as required by section 4736.08 of	91213
the Revised Code, provided that the fees are not in excess of the	91214
actual cost to the board of conducting the examinations.	91215

(C) The board of sanitarian registration may adopt rules	91216
establishing fees for all of the following:	91217

(1) Application for the registration of a training agency	91218
approved under rules adopted by the board pursuant to section	91219
4736.11 of the Revised Code and for the annual registration	91220
renewal of an approved training agency.;	91221

(2) Application for the review of continuing education hours	91222
submitted for the board's approval by approved training agencies	91223
or by registered sanitarians or sanitarians-in-training;	91224

(3) Additional copies of pocket identification cards and wall	91225
certificates.	91226

Sec. 4740.14. (A) There is hereby created within the	91227
department of commerce the residential construction advisory	91228
committee consisting of nine persons the director of commerce	91229
appoints. ~~Of the advisory committee's members, three~~The advisory	91230
committee shall be made up of the following members:	91231

(1) Three shall be general contractors who have recognized	91232
ability and experience in the construction of residential	91233
buildings~~, two~~.	91234

(2) Two shall be building officials who have experience	91235
administering and enforcing a residential building code~~, one~~.	91236

(3) One, chosen from a list of three names the Ohio fire	91237
chief's association submits, shall be from the fire service	91238
certified as a fire safety inspector who has at least ten years of	91239
experience enforcing fire or building codes~~, one~~.	91240

(4) One shall be a residential contractor who has recognized	91241
ability and experience in the remodeling and construction of	91242
residential buildings~~, one~~.	91243

(5) One shall be an architect registered pursuant to Chapter	91244
4703. of the Revised Code, with recognized ability and experience	91245
in the architecture of residential buildings~~, and one~~.	91246

(6) One, chosen from a list of three names the Ohio municipal	91247
league submits to the director, shall be a mayor of a municipal	91248
corporation in which the Ohio residential building code is being	91249
enforced in the municipal corporation by a certified building	91250
department.	91251

(B) ~~The director shall make appointments to the advisory~~	91252
~~committee within ninety days after May 27, 2005.~~	91253

Terms of office shall be for three years, with each term	91254
ending on the date three years after the date of appointment. Each	91255
member shall hold office from the date of appointment until the	91256
end of the term for which the member was appointed. ~~The director~~	91257
~~shall fill a vacancy~~Vacancies shall be filled in the manner	91258
provided for initial appointments. Any member appointed to fill a	91259
vacancy in an unexpired term shall hold office for the remainder	91260
of that term.	91261

91262

(1) Recommend to the board of building standards a building	91263
code for residential buildings. The committee shall recommend a	91264
code that it may model on a residential building code a national	91265
model code organization issues, with adaptations necessary to	91266
implement the code in this state. If the board of building	91267
standards decides not to adopt a code the committee recommends,	91268
the committee shall revise the code and resubmit it until the	91269
board adopts a code the committee recommends as the state	91270
residential building code;	91271

(2) Advise the board regarding the establishment of standards	91272
for certification of building officials who enforce the state	91273
residential building code;	91274

(3) Assist the board in providing information and guidance to	91275
residential contractors and building officials who enforce the	91276
state residential building code;	91277

(4) Advise the board regarding the interpretation of the	91278
state residential building code;	91279

(5) Provide other assistance the committee considers	91280
necessary;	91281

(6) Provide the board with a written report of the	91282
committee's findings for each consideration required by division	91283
(D) of this section.	91284

(D) The committee shall not make its recommendation to the	91285
board pursuant to divisions (C)(1), (2), and (4) of this section	91286
until the advisory committee has considered all of the following:	91287

(1) The impact that the state residential building code may	91288
have upon the health, safety, and welfare of the public;	91289

(2) The economic reasonableness of the residential building	91290
code;	91291

(3) The technical feasibility of the residential building	91292
code;	91293

(4) The financial impact that the residential building code	91294
may have on the public's ability to purchase affordable housing.	91295

(E) The advisory committee may provide the board with any	91296
rule the committee recommends to update or amend the state	91297
residential building code or any rule that the committee	91298
recommends to update or amend the state residential building code	91299
after receiving a petition described in division (A)(2) of section	91300
3781.12 of the Revised Code.	91301

(F) Members of the advisory committee shall receive no salary	91302
for the performance of their duties as members, but shall receive	91303
their actual and necessary expenses incurred in the performance of	91304
their duties as members of the advisory committee and shall	91305
receive a per diem for each day in attendance at an official	91306
meeting of the committee, to be paid from the labor operating fund	91307
in the state treasury, using fees collected in connection with	91308
residential buildings pursuant to division (F)(2) of section	91309
3781.102 of the Revised Code and deposited in that fund.	91310

(G) The advisory committee is not subject to divisions (A)	91311
and (B) of section 101.84 of the Revised Code.	91312

Sec. 4757.31. (A) Subject to division (B) of this section,	91313
the counselor, social worker, and marriage and family therapist	91314
board shall establish, and may from time to time adjust, fees to	91315
be charged for the following:	91316

(1) Examination for licensure as a professional clinical	91317
counselor, professional counselor, marriage and family therapist,	91318
independent marriage and family therapist, social worker, or	91319
independent social worker;	91320

(2) Initial licenses of professional clinical counselors,	91321
professional counselors, marriage and family therapists,	91322
independent marriage and family therapists, social workers, and	91323
independent social workers, except that the board shall charge	91324
only one fee to a person who fulfills all requirements for more	91325
than one of the following initial licenses: an initial license as	91326
a social worker or independent social worker, an initial license	91327
as a professional counselor or professional clinical counselor,	91328
and an initial license as a marriage and family therapist or	91329
independent marriage and family therapist;	91330

(3) Initial certificates of registration of social work	91331
assistants;	91332

(4) Renewal and late renewal of licenses of professional	91333
clinical counselors, professional counselors, marriage and family	91334
therapists, independent marriage and family therapists, social	91335
workers, and independent social workers and renewal and late	91336
renewal of certificates of registration of social work assistants;	91337

(5) Verification, to another jurisdiction, of a license or	91338
registration issued by the board;	91339

(6) Continuing education programs offered by the board to	91340
licensees or registrants;	91341

(7) Approval of continuing education programs;

91342

(8) Approval of continuing education providers to be	91343
authorized to offer continuing education programs without prior	91344
approval from the board for each program offered;	91345

(9) Issuance of a replacement copy of any wall certificate	91346
issued by the board.	91347

(B) The fees charged under division (A)(1) of this section	91348
shall be established in amounts sufficient to cover the direct	91349
expenses incurred in examining applicants for licensure. The fees	91350
charged under divisions (A)(2) to ~~(6)~~(9) of this section shall be	91351
nonrefundable and shall be established in amounts sufficient to	91352
cover the necessary expenses in administering this chapter and	91353
rules adopted under it that are not covered by fees charged under	91354
division (A)(1) or (C) of this section. The renewal fee for a	91355
license or certificate of registration shall not be less than the	91356
initial fee for that license or certificate. The fees charged for	91357
licensure and registration and the renewal of licensure and	91358
registration may differ for the various types of licensure and	91359
registration, but shall not exceed one hundred twenty-five dollars	91360
each, unless the board determines that amounts in excess of one	91361
hundred twenty-five dollars are needed to cover its necessary	91362
expenses in administering this chapter and rules adopted under it	91363
and the amounts in excess of one hundred twenty-five dollars are	91364
approved by the controlling board.	91365

(C) All receipts of the board shall be deposited in the state	91366
treasury to the credit of the occupational licensing and	91367
regulatory fund. All vouchers of the board shall be approved by	91368
the chairperson or executive director of the board, or both, as	91369
authorized by the board.	91370

Sec. 4776.01. As used in this chapter:

91371

(A) "License" means any of the following:

91372

(1) An authorization evidenced by a license, certificate,	91373
registration, permit, card, or other authority that is issued or	91374
conferred by a licensing agency described in division (C)(1) of	91375
this section to a licensee or to an applicant for an initial	91376
license by which the licensee or initial license applicant has or	91377
claims the privilege to engage in a profession, occupation, or	91378
occupational activity, or to have control of and operate certain	91379
specific equipment, machinery, or premises, over which the	91380
licensing agency has jurisdiction.	91381

(2) An authorization evidenced by a license or certificate	91382
that is issued by a licensing agency described in division (C)(2)	91383
of this section pursuant to section 4715.12, 4715.16, 4715.21, or	91384
4715.27 of the Revised Code to a licensee or to an applicant for	91385
an initial license by which the licensee or initial license	91386
applicant has or claims the privilege to engage in a profession,	91387
occupation, or occupational activity over which the licensing	91388
agency has jurisdiction.	91389

(B) "Licensee" means the person to whom the license is issued	91390
by a licensing agency.	91391

91392

(1) The board authorized by Chapters 4701., 4717., 4725.,	91393
4729., 4730., 4731., 4732., 4734., 4740., 4741., 4755., 4757.,	91394
4759., 4760., 4761., 4762., and 4779. of the Revised Code to issue	91395
a license to engage in a specific profession, occupation, or	91396
occupational activity, or to have charge of and operate certain	91397
specified equipment, machinery, or premises.	91398

(2) The state dental board, relative to its authority to	91399
issue a license pursuant to section 4715.12, 4715.16, 4715.21, or	91400
4715.27 of the Revised Code.	91401

(D) "Applicant for an initial license" includes persons	91402
seeking a license for the first time and persons seeking a license	91403
by reciprocity, endorsement, or similar manner of a license issued	91404
in another state.	91405

(E) "Applicant for a restored license" includes persons	91406
seeking restoration of a certificate under section 4730.14,	91407
4731.281, 4760.06, or 4762.06 of the Revised Code.	91408

(F) "Criminal records check" has the same meaning as in	91409
~~division (E) of~~ section 109.572 of the Revised Code.	91410

Sec. 4906.01. As used in Chapter 4906. of the Revised Code:

91411

(A) "Person" means an individual, corporation, business	91412
trust, association, estate, trust, or partnership or any officer,	91413
board, commission, department, division, or bureau of the state or	91414
a political subdivision of the state, or any other entity.	91415

(B)(1) "Major utility facility" means:

91416

~~(1)~~(a) Electric generating plant and associated facilities	91417
designed for, or capable of, operation at a capacity of fifty	91418
megawatts or more;	91419

~~(2)~~(b) An electric transmission line and associated	91420
facilities of a design capacity of one hundred twenty-five	91421
kilovolts or more;	91422

~~(3)~~(c) A gas or natural gas transmission line and associated	91423
facilities designed for, or capable of, transporting gas or	91424
natural gas at pressures in excess of one hundred twenty-five	91425
pounds per square inch.	91426

(2) "Major utility facility" does not include ~~electric~~gas or	91427
natural gas transmission lines over which an agency of the United	91428
States has exclusive jurisdiction, any solid waste facilities as	91429
defined in section 6123.01 of the Revised Code, or either of the	91430
following as defined by the power siting board:	91431

(a) Electric, gas, natural gas distributing lines and gas or	91432
natural gas gathering lines and associated facilities ~~as defined~~	91433
~~by the power siting board, nor gas or natural gas transmission~~	91434
~~lines over which an agency of the United States has exclusive~~	91435
~~jurisdiction, nor any solid waste facilities as defined in section~~	91436
~~6123.01 of the Revised Code~~;	91437

(b) Any manufacturing facility that creates byproducts that	91438
may be used in the generation of electricity.	91439

(C) "Commence to construct" means any clearing of land,	91440
excavation, or other action that would adversely affect the	91441
natural environment of the site or route of a major utility	91442
facility, but does not include surveying changes needed for	91443
temporary use of sites or routes for nonutility purposes, or uses	91444
in securing geological data, including necessary borings to	91445
ascertain foundation conditions.	91446

(D) "Certificate" means a certificate of environmental	91447
compatibility and public need issued by the power siting board	91448
under section 4906.10 of the Revised Code or a construction	91449
certificate issued by the board under rules adopted under division	91450
(E) of section 4906.03 of the Revised Code.	91451

Sec. 4911.02. (A) The consumers' counsel shall be appointed	91452
by the consumers' counsel governing board, and shall hold office	91453
at the pleasure of the board.	91454

(B)(1) The counsel may sue or be sued and has the powers and	91455
duties granted ~~him~~the counsel under this chapter, and all	91456
necessary powers to carry out the purposes of this chapter.	91457

(2) Without limitation because of enumeration, the counsel:

91458

(a) Shall have all the rights and powers of any party in	91459
interest appearing before the public utilities commission	91460
regarding examination and cross-examination of witnesses,	91461
presentation of evidence, and other matters;	91462

(b) May take appropriate action with respect to residential	91463
consumer complaints concerning quality of service, service	91464
charges, and the operation of the public utilities commission;	91465

(c) May institute, intervene in, or otherwise participate in	91466
proceedings in both state and federal courts and administrative	91467
agencies on behalf of the residential consumers concerning review	91468
of decisions rendered by, or failure to act by, the public	91469
utilities commission;	91470

(d) May conduct long range studies concerning various topics	91471
relevant to the rates charged to ~~residenial~~residential consumers.	91472

(C) The counsel shall follow the policies of the state as set	91473
forth in Chapter 4929. of the Revised Code that involve supporting	91474
retail natural gas competition.	91475

Sec. 4911.021. The consumers' counsel shall not operate a	91476
telephone call center for consumer complaints. Any calls received	91477
by the consumers' counsel concerning consumer complaints shall be	91478
forwarded to the public utilities commission's call center.	91479

Sec. 4927.17. (A) Except as provided in sections 4927.07 and	91480
4927.12 of the Revised Code ~~and, if applicable, under rules~~	91481
~~adopted by the public utilities commission for the pilot program~~	91482
~~for community-voicemail service created in S.B. 162 of the 128th~~	91483
~~general assembly~~, a telephone company shall provide at least	91484
fifteen days' advance notice to its affected customers of any	91485
material change in the rates, terms, and conditions of a service	91486
and any change in the company's operations that are not	91487
transparent to customers and may impact service.	91488

(B) A telephone company shall inform its customers of the	91489
commission's toll-free number and e-mail address on all bills and	91490
disconnection notices and any residential customers of the office	91491
of the consumers' counsel's toll-free number and e-mail address on	91492
all residential bills and disconnection notices.	91493

Sec. 4928.20. (A) The legislative authority of a municipal	91494
corporation may adopt an ordinance, or the board of township	91495
trustees of a township or the board of county commissioners of a	91496
county may adopt a resolution, under which, on or after the	91497
starting date of competitive retail electric service, it may	91498
aggregate in accordance with this section the retail electrical	91499
loads located, respectively, within the municipal corporation,	91500
township, or unincorporated area of the county and, for that	91501
purpose, may enter into service agreements to facilitate for those	91502
loads the sale and purchase of electricity. The legislative	91503
authority or board also may exercise such authority jointly with	91504
any other such legislative authority or board. For customers that	91505
are not mercantile customers, an ordinance or resolution under	91506
this division shall specify whether the aggregation will occur	91507
only with the prior, affirmative consent of each person owning,	91508
occupying, controlling, or using an electric load center proposed	91509
to be aggregated or will occur automatically for all such persons	91510
pursuant to the opt-out requirements of division (D) of this	91511
section. The aggregation of mercantile customers shall occur only	91512
with the prior, affirmative consent of each such person owning,	91513
occupying, controlling, or using an electric load center proposed	91514
to be aggregated. Nothing in this division, however, authorizes	91515
the aggregation of the retail electric loads of an electric load	91516
center, as defined in section 4933.81 of the Revised Code, that is	91517
located in the certified territory of a nonprofit electric	91518
supplier under sections 4933.81 to 4933.90 of the Revised Code or	91519
an electric load center served by transmission or distribution	91520
facilities of a municipal electric utility.	91521

(B) If an ordinance or resolution adopted under division (A)	91522
of this section specifies that aggregation of customers that are	91523
not mercantile customers will occur automatically as described in	91524
that division, the ordinance or resolution shall direct the board	91525
of elections to submit the question of the authority to aggregate	91526
to the electors of the respective municipal corporation, township,	91527
or unincorporated area of a county at a special election on the	91528
day of the next primary or general election in the municipal	91529
corporation, township, or county. The legislative authority or	91530
board shall certify a copy of the ordinance or resolution to the	91531
board of elections not less than ninety days before the day of the	91532
special election. No ordinance or resolution adopted under	91533
division (A) of this section that provides for an election under	91534
this division shall take effect unless approved by a majority of	91535
the electors voting upon the ordinance or resolution at the	91536
election held pursuant to this division.	91537

(C) Upon the applicable requisite authority under divisions	91538
(A) and (B) of this section, the legislative authority or board	91539
shall develop a plan of operation and governance for the	91540
aggregation program so authorized. Before adopting a plan under	91541
this division, the legislative authority or board shall hold at	91542
least two public hearings on the plan. Before the first hearing,	91543
the legislative authority or board shall publish notice of the	91544
hearings once a week for two consecutive weeks in a newspaper of	91545
general circulation in the jurisdiction or as provided in section	91546
7.16 of the Revised Code. The notice shall summarize the plan and	91547
state the date, time, and location of each hearing.	91548

(D) No legislative authority or board, pursuant to an	91549
ordinance or resolution under divisions (A) and (B) of this	91550
section that provides for automatic aggregation of customers that	91551
are not mercantile customers as described in division (A) of this	91552
section, shall aggregate the electrical load of any electric load	91553
center located within its jurisdiction unless it in advance	91554
clearly discloses to the person owning, occupying, controlling, or	91555
using the load center that the person will be enrolled	91556
automatically in the aggregation program and will remain so	91557
enrolled unless the person affirmatively elects by a stated	91558
procedure not to be so enrolled. The disclosure shall state	91559
prominently the rates, charges, and other terms and conditions of	91560
enrollment. The stated procedure shall allow any person enrolled	91561
in the aggregation program the opportunity to opt out of the	91562
program every three years, without paying a switching fee. Any	91563
such person that opts out before the commencement of the	91564
aggregation program pursuant to the stated procedure shall default	91565
to the standard service offer provided under section 4928.14 or	91566
division (D) of section 4928.35 of the Revised Code until the	91567
person chooses an alternative supplier.	91568

(E)(1) With respect to a governmental aggregation for a	91569
municipal corporation that is authorized pursuant to divisions (A)	91570
to (D) of this section, resolutions may be proposed by initiative	91571
or referendum petitions in accordance with sections 731.28 to	91572
731.41 of the Revised Code.	91573

(2) With respect to a governmental aggregation for a township	91574
or the unincorporated area of a county, which aggregation is	91575
authorized pursuant to divisions (A) to (D) of this section,	91576
resolutions may be proposed by initiative or referendum petitions	91577
in accordance with sections 731.28 to 731.40 of the Revised Code,	91578
except that:	91579

(a) The petitions shall be filed, respectively, with the	91580
township fiscal officer or the board of county commissioners, who	91581
shall perform those duties imposed under those sections upon the	91582
city auditor or village clerk.	91583

(b) The petitions shall contain the signatures of not less	91584
than ten per cent of the total number of electors in,	91585
respectively, the township or the unincorporated area of the	91586
county who voted for the office of governor at the preceding	91587
general election for that office in that area.	91588

(F) A governmental aggregator under division (A) of this	91589
section is not a public utility engaging in the wholesale purchase	91590
and resale of electricity, and provision of the aggregated service	91591
is not a wholesale utility transaction. A governmental aggregator	91592
shall be subject to supervision and regulation by the public	91593
utilities commission only to the extent of any competitive retail	91594
electric service it provides and commission authority under this	91595
chapter.	91596

(G) This section does not apply in the case of a municipal	91597
corporation that supplies such aggregated service to electric load	91598
centers to which its municipal electric utility also supplies a	91599
noncompetitive retail electric service through transmission or	91600
distribution facilities the utility singly or jointly owns or	91601
operates.	91602

(H) A governmental aggregator shall not include in its	91603
aggregation the accounts of any of the following:	91604

(1) A customer that has opted out of the aggregation;

91605

(2) A customer in contract with a certified electric services	91606
company;	91607

(3) A customer that has a special contract with an electric	91608
distribution utility;	91609

(4) A customer that is not located within the governmental	91610
aggregator's governmental boundaries;	91611

(5) Subject to division (C) of section 4928.21 of the Revised	91612
Code, a customer who appears on the "do not aggregate" list	91613
maintained under that section.	91614

(I) Customers that are part of a governmental aggregation	91615
under this section shall be responsible only for such portion of a	91616
surcharge under section 4928.144 of the Revised Code that is	91617
proportionate to the benefits, as determined by the commission,	91618
that electric load centers within the jurisdiction of the	91619
governmental aggregation as a group receive. The proportionate	91620
surcharge so established shall apply to each customer of the	91621
governmental aggregation while the customer is part of that	91622
aggregation. If a customer ceases being such a customer, the	91623
otherwise applicable surcharge shall apply. Nothing in this	91624
section shall result in less than full recovery by an electric	91625
distribution utility of any surcharge authorized under section	91626
4928.144 of the Revised Code.	91627

(J) On behalf of the customers that are part of a	91628
governmental aggregation under this section and by filing written	91629
notice with the public utilities commission, the legislative	91630
authority that formed or is forming that governmental aggregation	91631
may elect not to receive standby service within the meaning of	91632
division (B)(2)(d) of section 4928.143 of the Revised Code from an	91633
electric distribution utility in whose certified territory the	91634
governmental aggregation is located and that operates under an	91635
approved electric security plan under that section. Upon the	91636
filing of that notice, the electric distribution utility shall not	91637
charge any such customer to whom competitive retail electric	91638
generation service is provided by another supplier under the	91639
governmental aggregation for the standby service. Any such	91640
consumer that returns to the utility for competitive retail	91641
electric service shall pay the market price of power incurred by	91642
the utility to serve that consumer plus any amount attributable to	91643
the utility's cost of compliance with the alternative energy	91644
resource provisions of section 4928.64 of the Revised Code to	91645
serve the consumer. Such market price shall include, but not be	91646
limited to, capacity and energy charges; all charges associated	91647
with the provision of that power supply through the regional	91648
transmission organization, including, but not limited to,	91649
transmission, ancillary services, congestion, and settlement and	91650
administrative charges; and all other costs incurred by the	91651
utility that are associated with the procurement, provision, and	91652
administration of that power supply, as such costs may be approved	91653
by the commission. The period of time during which the market	91654
price and alternative energy resource amount shall be so assessed	91655
on the consumer shall be from the time the consumer so returns to	91656
the electric distribution utility until the expiration of the	91657
electric security plan. However, if that period of time is	91658
expected to be more than two years, the commission may reduce the	91659
time period to a period of not less than two years.	91660

(K) The commission shall adopt rules to encourage and promote	91661
large-scale governmental aggregation in this state. For that	91662
purpose, the commission shall conduct an immediate review of any	91663
rules it has adopted for the purpose of this section that are in	91664
effect on the effective date of the amendment of this section by	91665
S.B. 221 of the 127th general assembly, July 31, 2008. Further,	91666
within the context of an electric security plan under section	91667
4928.143 of the Revised Code, the commission shall consider the	91668
effect on large-scale governmental aggregation of any	91669
nonbypassable generation charges, however collected, that would be	91670
established under that plan, except any nonbypassable generation	91671
charges that relate to any cost incurred by the electric	91672
distribution utility, the deferral of which has been authorized by	91673
the commission prior to the effective date of the amendment of	91674
this section by S.B. 221 of the 127th general assembly, July 31,	91675
2008.	91676

Sec. 4929.26. (A)(1) The legislative authority of a	91677
municipal corporation may adopt an ordinance, or the board of	91678
township trustees of a township or the board of county	91679
commissioners of a county may adopt a resolution, under which, in	91680
accordance with this section and except as otherwise provided in	91681
division (A)(2) of this section, the legislative authority or	91682
board may aggregate automatically, subject to the opt-out	91683
requirements of division (D) of this section, competitive retail	91684
natural gas service for the retail natural gas loads that are	91685
located, respectively, within the municipal corporation, township,	91686
or unincorporated area of the county and for which there is a	91687
choice of supplier of that service as a result of revised	91688
schedules approved under division (C) of section 4929.29 of the	91689
Revised Code, a rule or order adopted or issued by the commission	91690
under Chapter 4905. of the Revised Code, or an exemption granted	91691
by the commission under sections 4929.04 to 4929.08 of the Revised	91692
Code. An ordinance or a resolution adopted under this section	91693
shall expressly state that it is adopted pursuant to the authority	91694
conferred by this section. The legislative authority or board also	91695
may exercise its authority under this section jointly with any	91696
other such legislative authority or board. For the purpose of the	91697
aggregation, the legislative authority or board may enter into	91698
service agreements to facilitate the sale and purchase of the	91699
service for the retail natural gas loads.	91700

(2)(a) No aggregation under an ordinance or resolution	91701
adopted under division (A)(1) of this section shall include the	91702
retail natural gas load of any person that meets any of the	91703
following criteria:	91704

(i) The person is both a distribution service customer and a	91705
mercantile customer on the date of commencement of service to the	91706
aggregated load, or the person becomes a distribution service	91707
customer after that date and also is a mercantile customer.	91708

(ii) The person is supplied with commodity sales service	91709
pursuant to a contract with a retail natural gas supplier that is	91710
in effect on the effective date of the ordinance or resolution.	91711

(iii) The person is supplied with commodity sales service as	91712
part of a retail natural gas load aggregation provided for	91713
pursuant to a rule or order adopted or issued by the commission	91714
under this chapter or Chapter 4905. of the Revised Code.	91715

(b) Nothing in division (A)(2)(a) of this section precludes a	91716
governmental aggregation under this section from permitting the	91717
retail natural gas load of a person described in division	91718
(A)(2)(a) of this section from being included in the aggregation	91719
upon the expiration of any contract or aggregation as described in	91720
division (A)(2)(a)(ii) or (iii) of this section or upon the person	91721
no longer being a customer as described in division (A)(2)(a)(i)	91722
of this section or qualifying to be included in an aggregation	91723
described under division (A)(2)(a)(iii) of this section.	91724

(B) An ordinance or resolution adopted under division (A) of	91725
this section shall direct the board of elections to submit the	91726
question of the authority to aggregate to the electors of the	91727
respective municipal corporation, township, or unincorporated area	91728
of a county at a special election on the day of the next primary	91729
or general election in the municipal corporation, township, or	91730
county. The legislative authority or board shall certify a copy of	91731
the ordinance or resolution to the board of elections not less	91732
than ninety days before the day of the special election. No	91733
ordinance or resolution adopted under division (A) of this section	91734
that provides for an election under this division shall take	91735
effect unless approved by a majority of the electors voting upon	91736
the ordinance or resolution at the election held pursuant to this	91737
division.	91738

(C) Upon the applicable requisite authority under divisions	91739
(A) and (B) of this section, the legislative authority or board	91740
shall develop a plan of operation and governance for the	91741
aggregation program so authorized. Before adopting a plan under	91742
this division, the legislative authority or board shall hold at	91743
least two public hearings on the plan. Before the first hearing,	91744
the legislative authority or board shall publish notice of the	91745
hearings once a week for two consecutive weeks in a newspaper of	91746
general circulation in the jurisdiction or as provided in section	91747
7.16 of the Revised Code. The notice shall summarize the plan and	91748
state the date, time, and location of each hearing.	91749

(D) No legislative authority or board, pursuant to an	91750
ordinance or resolution under divisions (A) and (B) of this	91751
section, shall aggregate any retail natural gas load located	91752
within its jurisdiction unless it in advance clearly discloses to	91753
the person whose retail natural gas load is to be so aggregated	91754
that the person will be enrolled automatically in the aggregation	91755
and will remain so enrolled unless the person affirmatively elects	91756
by a stated procedure not to be so enrolled. The disclosure shall	91757
state prominently the rates, charges, and other terms and	91758
conditions of enrollment. The stated procedure shall allow any	91759
person enrolled in the aggregation the opportunity to opt out of	91760
the aggregation every two years, without paying a switching fee.	91761
Any such person that opts out of the aggregation pursuant to the	91762
stated procedure shall default to the natural gas company	91763
providing distribution service for the person's retail natural gas	91764
load, until the person chooses an alternative supplier.	91765

(E)(1) With respect to a governmental aggregation for a	91766
municipal corporation that is authorized pursuant to divisions (A)	91767
to (D) of this section, resolutions may be proposed by initiative	91768
or referendum petitions in accordance with sections 731.28 to	91769
731.41 of the Revised Code.	91770

(2) With respect to a governmental aggregation for a township	91771
or the unincorporated area of a county, which aggregation is	91772
authorized pursuant to divisions (A) to (D) of this section,	91773
resolutions may be proposed by initiative or referendum petitions	91774
in accordance with sections 731.28 to 731.40 of the Revised Code,	91775
except that:	91776

(a) The petitions shall be filed, respectively, with the	91777
township fiscal officer or the board of county commissioners, who	91778
shall perform those duties imposed under those sections upon the	91779
city auditor or village clerk.	91780

(b) The petitions shall contain the signatures of not less	91781
than ten per cent of the total number of electors in the township	91782
or the unincorporated area of the county, respectively, who voted	91783
for the office of governor at the preceding general election for	91784
that office in that area.	91785

(F) A governmental aggregator under division (A) of this	91786
section is not a public utility engaging in the wholesale purchase	91787
and resale of natural gas, and provision of the aggregated service	91788
is not a wholesale utility transaction. A governmental aggregator	91789
shall be subject to supervision and regulation by the public	91790
utilities commission only to the extent of any competitive retail	91791
natural gas service it provides and commission authority under	91792
this chapter.	91793

Sec. 4929.27. (A)(1) The legislative authority of a	91794
municipal corporation may adopt an ordinance, or the board of	91795
township trustees of a township or the board of county	91796
commissioners of a county may adopt a resolution, under which, in	91797
accordance with this section and except as otherwise provided in	91798
division (A)(2) of this section, the legislative authority or	91799
board may aggregate, with the prior consent of each person whose	91800
retail natural gas load is proposed to be aggregated, competitive	91801
retail natural gas service for any such retail natural gas load	91802
that is located, respectively, within the municipal corporation,	91803
township, or unincorporated area of the county and for which there	91804
is a choice of supplier of that service as a result of revised	91805
schedules approved under division (C) of section 4929.29 of the	91806
Revised Code, a rule or order adopted or issued by the commission	91807
under Chapter 4905. of the Revised Code, or an exemption granted	91808
by the commission under sections 4929.04 to 4929.08 of the Revised	91809
Code. An ordinance or a resolution adopted under this section	91810
shall expressly state that it is adopted pursuant to the authority	91811
conferred by this section. The legislative authority or board also	91812
may exercise such authority jointly with any other such	91813
legislative authority or board. For the purpose of the	91814
aggregation, the legislative authority or board may enter into	91815
service agreements to facilitate the sale and purchase of the	91816
service for the retail natural gas loads.	91817

(2)(a) No aggregation under an ordinance or resolution	91818
adopted under division (A)(1) of this section shall include the	91819
retail natural gas load of any person that meets either of the	91820
following criteria:	91821

(i) The person is supplied with commodity sales service	91822
pursuant to a contract with a retail natural gas supplier that is	91823
in effect on the effective date of the ordinance or resolution.	91824

(ii) The person is supplied with commodity sales service as	91825
part of a retail natural gas load aggregation provided for	91826
pursuant to a rule or order adopted or issued by the commission	91827
under this chapter or Chapter 4905. of the Revised Code.	91828

(b) Nothing in division (A)(2)(a) of this section precludes a	91829
governmental aggregation under this section from permitting the	91830
retail natural gas load of a person described in division	91831
(A)(2)(a) of this section from being included in the aggregation	91832
upon the expiration of any contract or aggregation as described in	91833
division (A)(2)(a)(i) or (ii) of this section or upon the person	91834
no longer qualifying to be included in an aggregation.	91835

(B) Upon the applicable requisite authority under division	91836
(A) of this section, the legislative authority or board shall	91837
develop a plan of operation and governance for the aggregation	91838
program so authorized. Before adopting a plan under this division,	91839
the legislative authority or board shall hold at least two public	91840
hearings on the plan. Before the first hearing, the legislative	91841
authority or board shall publish notice of the hearings once a	91842
week for two consecutive weeks in a newspaper of general	91843
circulation in the jurisdiction or as provided in section 7.16 of	91844
the Revised Code. The notice shall summarize the plan and state	91845
the date, time, and location of each hearing.	91846

(C)(1) With respect to a governmental aggregation for a	91847
municipal corporation that is authorized pursuant to division (A)	91848
of this section, resolutions may be proposed by initiative or	91849
referendum petitions in accordance with sections 731.28 to 731.41	91850
of the Revised Code.	91851

(2) With respect to a governmental aggregation for a township	91852
or the unincorporated area of a county, which aggregation is	91853
authorized pursuant to division (A) of this section, resolutions	91854
may be proposed by initiative or referendum petitions in	91855
accordance with sections 731.28 to 731.40 of the Revised Code,	91856
except that:	91857

(a) The petitions shall be filed, respectively, with the	91858
township fiscal officer or the board of county commissioners, who	91859
shall perform those duties imposed under those sections upon the	91860
city auditor or village clerk.	91861

(b) The petitions shall contain the signatures of not less	91862
than ten per cent of the total number of electors in the township	91863
or the unincorporated area of the county, respectively, who voted	91864
for the office of governor at the preceding general election for	91865
that office in that area.	91866

(D) A governmental aggregator under division (A) of this	91867
section is not a public utility engaging in the wholesale purchase	91868
and resale of natural gas, and provision of the aggregated service	91869
is not a wholesale utility transaction. A governmental aggregator	91870
shall be subject to supervision and regulation by the public	91871
utilities commission only to the extent of any competitive retail	91872
natural gas service it provides and commission authority under	91873
this chapter.	91874

Sec. 4931.40. As used in sections 4931.40 to 4931.70 of the	91875
Revised Code:	91876

(A) "9-1-1 system" means a system through which individuals	91877
can request emergency service using the telephone number 9-1-1.	91878

(B) "Basic 9-1-1" means a 9-1-1 system in which a caller	91879
provides information on the nature of and the location of an	91880
emergency, and the personnel receiving the call must determine the	91881
appropriate emergency service provider to respond at that	91882
location.	91883

(C) "Enhanced 9-1-1" means a 9-1-1 system capable of	91884
providing both enhanced wireline 9-1-1 and wireless enhanced	91885
9-1-1.	91886

(D) "Enhanced wireline 9-1-1" means a 9-1-1 system in which	91887
the wireline telephone network, in providing wireline 9-1-1,	91888
automatically routes the call to emergency service providers that	91889
serve the location from which the call is made and immediately	91890
provides to personnel answering the 9-1-1 call information on the	91891
location and the telephone number from which the call is being	91892
made.	91893

(E) "Wireless enhanced 9-1-1" means a 9-1-1 system that, in	91894
providing wireless 9-1-1, has the capabilities of phase I and, to	91895
the extent available, phase II enhanced 9-1-1 services as	91896
described in 47 C.F.R. 20.18 (d) to (h).	91897

(F)(1) "Wireless service" means federally licensed commercial	91898
mobile service as defined in 47 U.S.C. 332(d) and further defined	91899
as commercial mobile radio service in 47 C.F.R. 20.3, and includes	91900
service provided by any wireless, two-way communications device,	91901
including a radio-telephone communications line used in cellular	91902
telephone service or personal communications service, a network	91903
radio access line, or any functional or competitive equivalent of	91904
such a radio-telephone communications or network radio access	91905
line.	91906

(2) Nothing in sections 4931.40 to 4931.70 of the Revised	91907
Code applies to paging or any service that cannot be used to call	91908
9-1-1.	91909

(G) "Wireless service provider" means a facilities-based	91910
provider of wireless service to one or more end users in this	91911
state.	91912

(H) "Wireless 9-1-1" means the emergency calling service	91913
provided by a 9-1-1 system pursuant to a call originating in the	91914
network of a wireless service provider.	91915

(I) "Wireline 9-1-1" means the emergency calling service	91916
provided by a 9-1-1 system pursuant to a call originating in the	91917
network of a wireline service provider.	91918

(J) "Wireline service provider" means a facilities-based	91919
provider of wireline service to one or more end-users in this	91920
state.	91921

(K) "Wireline service" means basic local exchange service, as	91922
defined in section 4927.01 of the Revised Code, that is	91923
transmitted by means of interconnected wires or cables by a	91924
wireline service provider authorized by the public utilities	91925
commission.	91926

(L) "Wireline telephone network" means the selective router	91927
and data base processing systems, trunking and data wiring cross	91928
connection points at the public safety answering point, and all	91929
other voice and data components of the 9-1-1 system.	91930

(M) "Subdivision" means a county, municipal corporation,	91931
township, township fire district, joint fire district, township	91932
police district, joint police district, joint ambulance district,	91933
or joint emergency medical services district that provides	91934
emergency service within its territory, or that contracts with	91935
another municipal corporation, township, or district or with a	91936
private entity to provide such service; and a state college or	91937
university, port authority, or park district of any kind that	91938
employs law enforcement officers that act as the primary police	91939
force on the grounds of the college or university or port	91940
authority or in the parks operated by the district.	91941

(N) "Emergency service" means emergency law enforcement,	91942
firefighting, ambulance, rescue, and medical service.	91943

(O) "Emergency service provider" means the state highway	91944
patrol and an emergency service department or unit of a	91945
subdivision or that provides emergency service to a subdivision	91946
under contract with the subdivision.	91947

(P) "Public safety answering point" means a facility to which	91948
9-1-1 system calls for a specific territory are initially routed	91949
for response and where personnel respond to specific requests for	91950
emergency service by directly dispatching the appropriate	91951
emergency service provider, relaying a message to the appropriate	91952
provider, or transferring the call to the appropriate provider.	91953

(Q) "Customer premises equipment" means telecommunications	91954
equipment, including telephone instruments, on the premises of a	91955
public safety answering point that is used in answering and	91956
responding to 9-1-1 system calls.	91957

(R) "Municipal corporation in the county" includes any	91958
municipal corporation that is wholly contained in the county and	91959
each municipal corporation located in more than one county that	91960
has a greater proportion of its territory in the county to which	91961
the term refers than in any other county.	91962

(S) "Board of county commissioners" includes the legislative	91963
authority of a county established under Section 3 of Article X,	91964
Ohio Constitution, or Chapter 302. of the Revised Code.	91965

(T) "Final plan" means a final plan adopted under division	91966
(B) of section 4931.44 of the Revised Code and, except as	91967
otherwise expressly provided, an amended final plan adopted under	91968
section 4931.45 of the Revised Code.	91969

(U) "Subdivision served by a public safety answering point"	91970
means a subdivision that provides emergency service for any part	91971
of its territory that is located within the territory of a public	91972
safety answering point whether the subdivision provides the	91973
emergency service with its own employees or pursuant to a	91974
contract.	91975

(V) A township's population includes only population of the	91976
unincorporated portion of the township.	91977

(W) "Telephone company" means a company engaged in the	91978
business of providing local exchange telephone service by making	91979
available or furnishing access and a dial tone to persons within a	91980
local calling area for use in originating and receiving voice	91981
grade communications over a switched network operated by the	91982
provider of the service within the area and gaining access to	91983
other telecommunications services. "Telephone company" includes a	91984
wireline service provider and a wireless service provider unless	91985
otherwise expressly specified. For purposes of sections 4931.52	91986
and 4931.53 of the Revised Code, "telephone company" means a	91987
wireline service provider.	91988

Sec. 4931.51. (A)(1) For the purpose of paying the costs of	91989
establishing, equipping, and furnishing one or more public safety	91990
answering points as part of a countywide 9-1-1 system effective	91991
under division (B) of section 4931.44 of the Revised Code and	91992
paying the expense of administering and enforcing this section,	91993
the board of county commissioners of a county, in accordance with	91994
this section, may fix and impose, on each lot or parcel of real	91995
property in the county that is owned by a person, municipal	91996
corporation, township, or other political subdivision and is	91997
improved, or is in the process of being improved, reasonable	91998
charges to be paid by each such owner. The charges shall be	91999
sufficient to pay only the estimated allowed costs and shall be	92000
equal in amount for all such lots or parcels.	92001

(2) For the purpose of paying the costs of operating and	92002
maintaining the answering points and paying the expense of	92003
administering and enforcing this section, the board, in accordance	92004
with this section, may fix and impose reasonable charges to be	92005
paid by each owner, as provided in division (A)(1) of this	92006
section, that shall be sufficient to pay only the estimated	92007
allowed costs and shall be equal in amount for all such lots or	92008
parcels. The board may fix and impose charges under this division	92009
pursuant to a resolution adopted for the purposes of both	92010
divisions (A)(1) and (2) of this section or pursuant to a	92011
resolution adopted solely for the purpose of division (A)(2) of	92012
this section, and charges imposed under division (A)(2) of this	92013
section may be separately imposed or combined with charges imposed	92014
under division (A)(1) of this section.	92015

(B) Any board adopting a resolution under this section	92016
pursuant to a final plan initiating the establishment of a 9-1-1	92017
system or pursuant to an amendment to a final plan shall adopt the	92018
resolution within sixty days after the board receives the final	92019
plan for the 9-1-1 system pursuant to division (C) of section	92020
4931.43 of the Revised Code. The board by resolution may change	92021
any charge imposed under this section whenever the board considers	92022
it advisable. Any resolution adopted under this section shall	92023
declare whether securities will be issued under Chapter 133. of	92024
the Revised Code in anticipation of the collection of unpaid	92025
special assessments levied under this section.	92026

(C) The board shall adopt a resolution under this section at	92027
a public meeting held in accordance with section 121.22 of the	92028
Revised Code. Additionally, the board, before adopting any such	92029
resolution, shall hold at least two public hearings on the	92030
proposed charges. Prior to the first hearing, the board shall	92031
publish notice of the hearings once a week for two consecutive	92032
weeks in a newspaper of general circulation in the county or as	92033
provided in section 7.16 of the Revised Code. The notice shall	92034
include a listing of the charges proposed in the resolution and	92035
the date, time, and location of each of the hearings. The board	92036
shall hear any person who wishes to testify on the charges or the	92037
resolution.	92038

(D) No resolution adopted under this section shall be	92039
effective sooner than thirty days following its adoption nor shall	92040
any such resolution be adopted as an emergency measure. The	92041
resolution is subject to a referendum in accordance with sections	92042
305.31 to 305.41 of the Revised Code unless, in the resolution,	92043
the board of county commissioners directs the board of elections	92044
of the county to submit the question of imposing the charges to	92045
the electors of the county at the next primary or general election	92046
in the county occurring not less than ninety days after the	92047
resolution is certified to the board. No resolution shall go into	92048
effect unless approved by a majority of those voting upon it in	92049
any election allowed under this division.	92050

(E) To collect charges imposed under division (A) of this	92051
section, the board of county commissioners shall certify them to	92052
the county auditor of the county who then shall place them upon	92053
the real property duplicate against the properties to be assessed,	92054
as provided in division (A) of this section. Each assessment shall	92055
bear interest at the same rate that securities issued in	92056
anticipation of the collection of the assessments bear, is a lien	92057
on the property assessed from the date placed upon the real	92058
property duplicate by the auditor, and shall be collected in the	92059
same manner as other taxes.	92060

(F) All money collected by or on behalf of a county under	92061
this section shall be paid to the county treasurer of the county	92062
and kept in a separate and distinct fund to the credit of the	92063
county. The fund shall be used to pay the costs allowed in	92064
division (A) of this section and specified in the resolution	92065
adopted under that division. In no case shall any surplus so	92066
collected be expended for other than the use and benefit of the	92067
county.	92068

Sec. 4931.52. (A) This section applies only to a county that	92069
meets both of the following conditions:	92070

(1) A final plan for a countywide 9-1-1 system either has not	92071
been approved in the county under section 4931.44 of the Revised	92072
Code or has been approved but has not been put into operation	92073
because of a lack of funding;	92074

(2) The board of county commissioners, at least once, has	92075
submitted to the electors of the county the question of raising	92076
funds for a 9-1-1 system under section 4931.51, 5705.19, or	92077
5739.026 of the Revised Code, and a majority of the electors has	92078
disapproved the question each time it was submitted.	92079

(B) A board of county commissioners may adopt a resolution	92080
imposing a monthly charge on telephone access lines to pay for the	92081
equipment costs of establishing and maintaining no more than three	92082
public safety answering points of a countywide 9-1-1 system, which	92083
public safety answering points shall be only twenty-four-hour	92084
dispatching points already existing in the county. The resolution	92085
shall state the amount of the charge, which shall not exceed fifty	92086
cents per month, and the month the charge will first be imposed,	92087
which shall be no earlier than four months after the special	92088
election held pursuant to this section. Each residential and	92089
business telephone company customer within the area served by the	92090
9-1-1 system shall pay the monthly charge for each of its	92091
residential or business customer access lines or their equivalent.	92092

Before adopting a resolution under this division, the board	92093
of county commissioners shall hold at least two public hearings on	92094
the proposed charge. Before the first hearing, the board shall	92095
publish notice of the hearings once a week for two consecutive	92096
weeks in a newspaper of general circulation in the county or as	92097
provided in section 7.16 of the Revised Code. The notice shall	92098
state the amount of the proposed charge, an explanation of the	92099
necessity for the charge, and the date, time, and location of each	92100
of the hearings.	92101

(C) A resolution adopted under division (B) of this section	92102
shall direct the board of elections to submit the question of	92103
imposing the charge to the electors of the county at a special	92104
election on the day of the next primary or general election in the	92105
county. The board of county commissioners shall certify a copy of	92106
the resolution to the board of elections not less than ninety days	92107
before the day of the special election. No resolution adopted	92108
under division (B) of this section shall take effect unless	92109
approved by a majority of the electors voting upon the resolution	92110
at an election held pursuant to this section.	92111

In any year, the board of county commissioners may impose a	92112
lesser charge than the amount originally approved by the electors.	92113
The board may change the amount of the charge no more than once a	92114
year. The board may not impose a charge greater than the amount	92115
approved by the electors without first holding an election on the	92116
question of the greater charge.	92117

(D) Money raised from a monthly charge on telephone access	92118
lines under this section shall be deposited into a special fund	92119
created in the county treasury by the board of county	92120
commissioners pursuant to section 5705.12 of the Revised Code, to	92121
be used only for the necessary equipment costs of establishing and	92122
maintaining no more than three public safety answering points of a	92123
countywide 9-1-1 system pursuant to a resolution adopted under	92124
division (B) of this section. In complying with this division, any	92125
county may seek the assistance of the public utilities commission	92126
with regard to operating and maintaining a 9-1-1 system.	92127

(E) Pursuant to the voter approval required by division (C)	92128
of this section, the final plan for a countywide 9-1-1 system that	92129
will be funded through a monthly charge imposed in accordance with	92130
this section shall be amended by the existing 9-1-1 planning	92131
committee, and the amendment of such a final plan is not an	92132
amendment of a final plan for the purpose of division (A) of	92133
section 4931.45 of the Revised Code.	92134

Sec. 4931.53. (A) This section applies only to a county that	92135
has a final plan for a countywide 9-1-1 system that either has not	92136
been approved in the county under section 4931.44 of the Revised	92137
Code or has been approved but has not been put into operation	92138
because of a lack of funding.	92139

(B) A board of county commissioners may adopt a resolution	92140
imposing a monthly charge on telephone access lines to pay for the	92141
operating and equipment costs of establishing and maintaining no	92142
more than one public safety answering point of a countywide 9-1-1	92143
system. The resolution shall state the amount of the charge, which	92144
shall not exceed fifty cents per month, and the month the charge	92145
will first be imposed, which shall be no earlier than four months	92146
after the special election held pursuant to this section. Each	92147
residential and business telephone company customer within the	92148
area of the county served by the 9-1-1 system shall pay the	92149
monthly charge for each of its residential or business customer	92150
access lines or their equivalent.	92151

Before adopting a resolution under this division, the board	92152
of county commissioners shall hold at least two public hearings on	92153
the proposed charge. Before the first hearing, the board shall	92154
publish notice of the hearings once a week for two consecutive	92155
weeks in a newspaper of general circulation in the county or as	92156
provided in section 7.16 of the Revised Code. The notice shall	92157
state the amount of the proposed charge, an explanation of the	92158
necessity for the charge, and the date, time, and location of each	92159
of the hearings.	92160

(C) A resolution adopted under division (B) of this section	92161
shall direct the board of elections to submit the question of	92162
imposing the charge to the electors of the county at a special	92163
election on the day of the next primary or general election in the	92164
county. The board of county commissioners shall certify a copy of	92165
the resolution to the board of elections not less than ninety days	92166
before the day of the special election. No resolution adopted	92167
under division (B) of this section shall take effect unless	92168
approved by a majority of the electors voting upon the resolution	92169
at an election held pursuant to this section.	92170

In any year, the board of county commissioners may impose a	92171
lesser charge than the amount originally approved by the electors.	92172
The board may change the amount of the charge no more than once a	92173
year. The board shall not impose a charge greater than the amount	92174
approved by the electors without first holding an election on the	92175
question of the greater charge.	92176

(D) Money raised from a monthly charge on telephone access	92177
lines under this section shall be deposited into a special fund	92178
created in the county treasury by the board of county	92179
commissioners pursuant to section 5705.12 of the Revised Code, to	92180
be used only for the necessary operating and equipment costs of	92181
establishing and maintaining no more than one public safety	92182
answering point of a countywide 9-1-1 system pursuant to a	92183
resolution adopted under division (B) of this section. In	92184
complying with this division, any county may seek the assistance	92185
of the public utilities commission with regard to operating and	92186
maintaining a 9-1-1 system.	92187

(E) Nothing in sections 4931.40 to 4931.53 of the Revised	92188
Code precludes a final plan adopted in accordance with those	92189
sections from being amended to provide that, by agreement included	92190
in the plan, a public safety answering point of another countywide	92191
9-1-1 system is the public safety answering point of a countywide	92192
9-1-1 system funded through a monthly charge imposed in accordance	92193
with this section. In that event, the county for which the public	92194
safety answering point is provided shall be deemed the subdivision	92195
operating the public safety answering point for purposes of	92196
sections 4931.40 to 4931.53 of the Revised Code, except that, for	92197
the purpose of division (D) of section 4931.41 of the Revised	92198
Code, the county shall pay only so much of the costs associated	92199
with establishing, equipping, furnishing, operating, or	92200
maintaining the public safety answering point specified in the	92201
agreement included in the final plan.	92202

(F) Pursuant to the voter approval required by division (C)	92203
of this section, the final plan for a countywide 9-1-1 system that	92204
will be funded through a monthly charge imposed in accordance with	92205
this section, or that will be amended to include an agreement	92206
described in division (E) of this section, shall be amended by the	92207
existing 9-1-1 planning committee, and the amendment of such a	92208
final plan is not an amendment of a final plan for the purpose of	92209
division (A) of section 4931.45 of the Revised Code.	92210

Sec. 5101.16. (A) As used in this section and sections	92211
5101.161 and 5101.162 of the Revised Code:	92212

(1) "Disability financial assistance" means the financial	92213
assistance program established under Chapter 5115. of the Revised	92214
Code.	92215

(2) " Supplemental nutrition assistance program" means the	92216
program administered by the department of job and family services	92217
pursuant to section 5101.54 of the Revised Code.	92218

(3) "Medicaid" means the medical assistance program	92219
established by Chapter 5111. of the Revised Code, excluding	92220
transportation services provided under that chapter.	92221

(4) "Ohio works first" means the program established by	92222
Chapter 5107. of the Revised Code.	92223

(5) "Prevention, retention, and contingency" means the	92224
program established by Chapter 5108. of the Revised Code.	92225

(6) "Public assistance expenditures" means expenditures for	92226
all of the following:	92227

(a) Ohio works first;

92228

(b) County administration of Ohio works first;

92229

92230

(d) County administration of prevention, retention, and	92231
contingency;	92232

(e) Disability financial assistance;

92233

(f) County administration of disability financial assistance;

92234

(g) County administration of the supplemental nutrition	92235
assistance program;	92236

(h) County administration of medicaid.

92237

(7) "Title IV-A program" has the same meaning as in section	92238
5101.80 of the Revised Code.	92239

(B) Each board of county commissioners shall pay the county	92240
share of public assistance expenditures in accordance with section	92241
5101.161 of the Revised Code. Except as provided in division (C)	92242
of this section, a county's share of public assistance	92243
expenditures is the sum of all of the following for state fiscal	92244
year 1998 and each state fiscal year thereafter:	92245

(1) The amount that is twenty-five per cent of the county's	92246
total expenditures for disability financial assistance and county	92247
administration of that program during the state fiscal year ending	92248
in the previous calendar year that the department of job and	92249
family services determines are allowable.	92250

(2) The amount that is ten per cent, or other percentage	92251
determined under division (D) of this section, of the county's	92252
total expenditures for county administration of the supplemental	92253
nutrition assistance program and medicaid during the state fiscal	92254
year ending in the previous calendar year that the department	92255
determines are allowable, less the amount of federal reimbursement	92256
credited to the county under division (E) of this section for the	92257
state fiscal year ending in the previous calendar year;	92258

(3) A percentage of the actual amount of the county share of	92259
program and administrative expenditures during federal fiscal year	92260
1994 for assistance and services, other than child care, provided	92261
under Titles IV-A and IV-F of the "Social Security Act," 49 Stat.	92262
620 (1935), 42 U.S.C. 301, as those titles existed prior to the	92263
enactment of the "Personal Responsibility and Work Opportunity	92264
Reconciliation Act of 1996," 110 Stat. 2105. The department of job	92265
and family services shall determine the actual amount of the	92266
county share from expenditure reports submitted to the United	92267
States department of health and human services. The percentage	92268
shall be the percentage established in rules adopted under	92269
division (F) of this section.	92270

(C)(1) If a county's share of public assistance expenditures	92271
determined under division (B) of this section for a state fiscal	92272
year exceeds one hundred ~~ten~~five per cent of the county's share	92273
for those expenditures for the immediately preceding state fiscal	92274
year, the department of job and family services shall reduce the	92275
county's share for expenditures under divisions (B)(1) and (2) of	92276
this section so that the total of the county's share for	92277
expenditures under division (B) of this section equals one hundred	92278
~~ten~~five per cent of the county's share of those expenditures for	92279
the immediately preceding state fiscal year.	92280

(2) A county's share of public assistance expenditures	92281
determined under division (B) of this section may be increased	92282
pursuant to section 5101.163 of the Revised Code and a sanction	92283
under section 5101.24 of the Revised Code. An increase made	92284
pursuant to section 5101.163 of the Revised Code may cause the	92285
county's share to exceed the limit established by division (C)(1)	92286
of this section.	92287

(D)(1) If the per capita tax duplicate of a county is less	92288
than the per capita tax duplicate of the state as a whole and	92289
division (D)(2) of this section does not apply to the county, the	92290
percentage to be used for the purpose of division (B)(2) of this	92291
section is the product of ten multiplied by a fraction of which	92292
the numerator is the per capita tax duplicate of the county and	92293
the denominator is the per capita tax duplicate of the state as a	92294
whole. The department of job and family services shall compute the	92295
per capita tax duplicate for the state and for each county by	92296
dividing the tax duplicate for the most recent available year by	92297
the current estimate of population prepared by the department of	92298
development.	92299

(2) If the percentage of families in a county with an annual	92300
income of less than three thousand dollars is greater than the	92301
percentage of such families in the state and division (D)(1) of	92302
this section does not apply to the county, the percentage to be	92303
used for the purpose of division (B)(2) of this section is the	92304
product of ten multiplied by a fraction of which the numerator is	92305
the percentage of families in the state with an annual income of	92306
less than three thousand dollars a year and the denominator is the	92307
percentage of such families in the county. The department of job	92308
and family services shall compute the percentage of families with	92309
an annual income of less than three thousand dollars for the state	92310
and for each county by multiplying the most recent estimate of	92311
such families published by the department of development, by a	92312
fraction, the numerator of which is the estimate of average annual	92313
personal income published by the bureau of economic analysis of	92314
the United States department of commerce for the year on which the	92315
census estimate is based and the denominator of which is the most	92316
recent such estimate published by the bureau.	92317

(3) If the per capita tax duplicate of a county is less than	92318
the per capita tax duplicate of the state as a whole and the	92319
percentage of families in the county with an annual income of less	92320
than three thousand dollars is greater than the percentage of such	92321
families in the state, the percentage to be used for the purpose	92322
of division (B)(2) of this section shall be determined as follows:	92323

(a) Multiply ten by the fraction determined under division	92324
(D)(1) of this section;	92325

(b) Multiply the product determined under division (D)(3)(a)	92326
of this section by the fraction determined under division (D)(2)	92327
of this section.	92328

(4) The department of job and family services shall	92329
determine, for each county, the percentage to be used for the	92330
purpose of division (B)(2) of this section not later than the	92331
first day of July of the year preceding the state fiscal year for	92332
which the percentage is used.	92333

(E) The department of job and family services shall credit to	92334
a county the amount of federal reimbursement the department	92335
receives from the United States departments of agriculture and	92336
health and human services for the county's expenditures for	92337
administration of the supplemental nutrition assistance program	92338
and medicaid that the department determines are allowable	92339
administrative expenditures.	92340

(F)(1) The director of job and family services shall adopt	92341
rules in accordance with section 111.15 of the Revised Code to	92342
establish all of the following:	92343

(a) The method the department is to use to change a county's	92344
share of public assistance expenditures determined under division	92345
(B) of this section as provided in division (C) of this section;	92346

(b) The allocation methodology and formula the department	92347
will use to determine the amount of funds to credit to a county	92348
under this section;	92349

(c) The method the department will use to change the payment	92350
of the county share of public assistance expenditures from a	92351
calendar-year basis to a state fiscal year basis;	92352

(d) The percentage to be used for the purpose of division	92353
(B)(3) of this section, which shall, except as provided in section	92354
5101.163 of the Revised Code, meet both of the following	92355
requirements:	92356

(i) The percentage shall not be less than seventy-five per	92357
cent nor more than eighty-two per cent;	92358

(ii) The percentage shall not exceed the percentage that the	92359
state's qualified state expenditures is of the state's historic	92360
state expenditures as those terms are defined in 42 U.S.C.	92361
609(a)(7).	92362

(e) Other procedures and requirements necessary to implement	92363
this section.	92364

(2) The director of job and family services may amend the	92365
rule adopted under division (F)(1)(d) of this section to modify	92366
the percentage on determination that the amount the general	92367
assembly appropriates for Title IV-A programs makes the	92368
modification necessary. The rule shall be adopted and amended as	92369
if an internal management rule and in consultation with the	92370
director of budget and management.	92371

Sec. 5101.181. (A) As used in this section and section	92372
5101.182 of the Revised Code~~, "public~~:	92373

(1) "Public assistance" ~~includes, in addition to Ohio works~~	92374
~~first,~~means any or all of the following:	92375

~~(1)~~(a) Ohio works first;

92376

(b) Prevention, retention, and contingency;

92377

~~(2) Medicaid;~~

92378

~~(3)~~(c) Disability financial assistance;

92379

~~(4)~~(d) General assistance provided prior to July 17, 1995,	92380
under former Chapter 5113. of the Revised Code.	92381

(2) "Medical assistance" means medical assistance provided	92382
pursuant to, or under programs established by, section 5101.49,	92383
sections 5101.50 to 5101.529, Chapter 5111., or any other	92384
provision of the Revised Code.	92385

(B) As part of the procedure for the determination of	92386
overpayment to a recipient of public assistance under Chapter	92387
5107., 5108., ~~5111.,~~ or 5115. of the Revised Code, the director of	92388
job and family services ~~shall~~may furnish quarterly the name and	92389
social security number of each individual who receives public	92390
assistance to the director of administrative services, the	92391
administrator of the bureau of workers' compensation, and each of	92392
the state's retirement boards. Within fourteen days after	92393
receiving the name and social security number of an individual who	92394
receives public assistance, the director of administrative	92395
services, administrator, or board shall inform the auditor of	92396
state as to whether such individual is receiving wages or	92397
benefits, the amount of any wages or benefits being received, the	92398
social security number, and the address of the individual. The	92399
director of administrative services, administrator, boards, and	92400
any agent or employee of those officials and boards shall comply	92401
with the rules of the director of job and family services	92402
restricting the disclosure of information regarding recipients of	92403
public assistance. Any person who violates this provision shall	92404
thereafter be disqualified from acting as an agent or employee or	92405
in any other capacity under appointment or employment of any state	92406
board, commission, or agency.	92407

(C) The auditor of state may enter into a reciprocal	92408
agreement with the director of job and family services or	92409
comparable officer of any other state for the exchange of names,	92410
current or most recent addresses, or social security numbers of	92411
persons receiving public assistance under Title IV-A ~~or under~~	92412
~~Title XIX~~ of the "Social Security Act," 49 Stat. 620 (1935), 42	92413
U.S.C. 301, as amended.	92414

(D)~~(1)~~ The auditor of state shall retain, for not less than	92415
two years, at least one copy of all information received under	92416
this section and sections 145.27, 742.41, 3307.20, 3309.22,	92417
4123.27, 5101.182, and 5505.04 of the Revised Code. ~~The~~	92418

(E) On the request of the director of job and family	92419
services, the auditor of state may conduct an audit of an	92420
individual who receives medical assistance. If the auditor decides	92421
to conduct an audit, the auditor shall enter into an interagency	92422
agreement with the department of job and family services that	92423
specifies that the auditor agrees to comply with section 5101.271	92424
of the Revised Code with respect to any information the auditor	92425
receives pursuant to the audit.	92426

(F) The auditor shall review the information described in	92427
division (D) of this section to determine whether overpayments	92428
were made to recipients of public assistance under Chapters 5107.,	92429
5108., ~~5111.,~~ and 5115. of the Revised Code. The auditor of state	92430
shall initiate action leading to prosecution, where warranted, of	92431
recipients who received overpayments by forwarding the name of	92432
each recipient who received overpayment, together with other	92433
pertinent information, to the director of job and family services	92434
~~and~~, the attorney general, ~~to the district director of job and~~	92435
~~family services of the district through which public assistance~~	92436
~~was received,~~ and to the county director of job and family	92437
services and county prosecutor of the county through which public	92438
assistance was received.	92439

~~(2)~~(G) The auditor of state and the attorney general or their	92440
designees may examine any records, whether in computer or printed	92441
format, in the possession of the director of job and family	92442
services or any county director of job and family services. They	92443
shall provide safeguards which restrict access to such records to	92444
purposes directly connected with an audit or investigation,	92445
prosecution, or criminal or civil proceeding conducted in	92446
connection with the administration of the programs and shall	92447
comply with ~~the~~sections 5101.27 and 5101.271 of the Revised Code	92448
and adopts rules of the director of job and family services	92449
restricting the disclosure of information regarding recipients of	92450
public assistance or medical assistance. Any person who violates	92451
this provision shall thereafter be disqualified from acting as an	92452
agent or employee or in any other capacity under appointment or	92453
employment of any state board, commission, or agency.	92454

~~(3)~~(H) Costs incurred by the auditor of state in carrying out	92455
the auditor of state's duties under this ~~division~~section shall be	92456
borne by the auditor of state.	92457

Sec. 5101.182. As part of the procedure for the	92458
determination of overpayment to a recipient of public assistance	92459
~~under Chapter 5107., 5111., or 5115.~~pursuant to section 5101.181	92460
of the Revised Code, the director of job and family services ~~shall~~	92461
may semiannually, at times determined jointly by the auditor of	92462
state and the tax commissioner, furnish to the tax commissioner in	92463
computer format the name and social security number of each	92464
individual who receives public assistance. Within sixty days after	92465
receiving the name and social security number of a recipient of	92466
public assistance, the commissioner shall inform the auditor of	92467
state whether the individual filed an Ohio individual income tax	92468
return, separate or joint, as provided by section 5747.08 of the	92469
Revised Code, for either or both of the two taxable years	92470
preceding the year in which the director furnished the names and	92471
social security numbers to the commissioner. If the individual did	92472
so file, at the same time the commissioner shall also inform the	92473
auditor of state of the amount of the federal adjusted gross	92474
income as reported on such returns and of the addresses on such	92475
returns. The commissioner shall also advise the auditor of state	92476
whether such returns were filed on a joint basis, as provided in	92477
section 5747.08 of the Revised Code, in which case the federal	92478
adjusted gross income as reported may be that of the individual or	92479
the individual's spouse.	92480

If the auditor of state determines that further investigation	92481
is needed, the auditor of state may request the commissioner to	92482
determine whether the individual filed income tax returns for any	92483
previous taxable years in which the individual received public	92484
assistance and for which the tax department retains income tax	92485
returns. Within fourteen days of receipt of the request, the	92486
commissioner shall inform the auditor of state whether the	92487
individual filed an individual income tax return for the taxable	92488
years in question, of the amount of the federal adjusted gross	92489
income as reported on such returns, of the addresses on such	92490
returns, and whether the returns were filed on a joint or separate	92491
basis.	92492

If the auditor of state determines that further investigation	92493
is needed of a recipient of public assistance who filed an Ohio	92494
individual income tax return, the auditor of state may request a	92495
certified copy of the Ohio individual income tax return or returns	92496
of that person for the taxable years described above, together	92497
with any other documents the commissioner has concerning the	92498
return or returns. Within fourteen days of receipt of such a	92499
request in writing, the commissioner shall forward the returns and	92500
documents to the auditor of state.	92501

The director of job and family services, ~~district director of~~	92502
~~job and family services,~~ county director of job and family	92503
services, county prosecutor, attorney general, auditor of state,	92504
or any agent or employee of those officials having access to any	92505
information or documents furnished by the commissioner pursuant to	92506
this section shall not divulge or use any such information except	92507
for the purpose of determining overpayment of public assistance,	92508
or for an audit, investigation, or prosecution, or in accordance	92509
with a proper judicial order. Any person who violates this	92510
provision shall thereafter be disqualified from acting as an agent	92511
or employee or in any other capacity under appointment or	92512
employment of any state or county board, commission, or agency.	92513

Sec. 5101.183. (A) ~~The~~Except as provided in section 5111.12	92514
of the Revised Code, the director of job and family services, in	92515
accordance with section 111.15 of the Revised Code, may adopt	92516
rules under which county ~~departments of job and~~ family services or	92517
~~public children services~~ agencies shall take action to recover the	92518
cost of ~~social~~the following benefits and services:	92519

(1) Benefits or services provided to any of the following:

92520

~~(1)~~(a) Persons who were not eligible for ~~social~~the benefits	92521
or services but who secured ~~social~~the benefits or services	92522
through fraud or misrepresentation;	92523

~~(2)~~(b) Persons who were eligible for ~~social~~the benefits or	92524
services but who intentionally diverted the benefits or services	92525
to other persons who were not eligible for the benefits or	92526
services.	92527

(2) Any benefits or services provided by a county family	92528
services agency for which recovery is required or permitted by	92529
federal law for the federal programs administered by the agency.	92530

(B) A county ~~department of job and~~ family services ~~or public~~	92531
~~children services~~ agency may bring a civil action against a	92532
recipient of ~~social~~benefits or services to recover any costs	92533
described in division (A) of this section.	92534

(C) A county ~~department of job and~~ family services ~~or public~~	92535
~~children services~~ agency shall retain any money it recovers under	92536
division (A) of this section and shall use the money ~~for the~~	92537
~~provision of social~~to meet a family services duty, except that,	92538
if federal law requires the department of job and family services	92539
to return any portion of the money so recovered to the federal	92540
government, the county ~~department or~~family services agency shall	92541
pay that portion to the department of job and family services.	92542

Sec. 5101.244. (A) If the department of job and family	92543
services determines that a grant awarded to a county grantee in a	92544
grant agreement entered into under section 5101.21 of the Revised	92545
Code, an allocation, advance, or reimbursement the department	92546
makes to a county family services agency, or a cash draw a county	92547
family services agency makes exceeds the allowable amount for the	92548
grant, allocation, advance, reimbursement, or cash draw, the	92549
department may ~~adjust~~take one or more of the following actions to	92550
recover the excess amount:	92551

(1) The department may adjust, offset, withhold, or reduce an	92552
allocation, cash draw, advance, reimbursement, or other financial	92553
assistance to the county grantee or county family services agency	92554
as necessary to recover the excess amount ~~of the excess grant,~~	92555
~~allocation, advance, reimbursement, or cash draw~~.	92556

(2) The department may enter into an agreement with the	92557
county grantee or county family services agency for repayment of	92558
the excess amount by the grantee or agency. The department may	92559
require that the repayment include interest on the excess amount,	92560
calculated from the day that the excess occurred at a rate not	92561
exceeding the rate per annum prescribed by section 5703.47 of the	92562
Revised Code.	92563

(3) The department may certify a claim to the attorney	92564
general under section 131.02 of the Revised Code for the attorney	92565
general to take action under that section against the county	92566
grantee or county family services agency to recover the excess	92567
amount. ~~The~~	92568

(B) In taking an action authorized under this section, the	92569
department is not required to ~~make the adjustment, offset,~~	92570
~~withholding, or reduction~~take the action in accordance with	92571
section 5101.24 of the Revised Code.	92572

(C) The director of job and family services may adopt rules	92573
under section 111.15 of the Revised Code as necessary to implement	92574
this section. The director shall adopt the rules as if they were	92575
internal management rules.	92576

Sec. 5101.26. As used in this section and in sections	92577
5101.27 to 5101.30 of the Revised Code:	92578

(A) "County agency" means a county department of job and	92579
family services or a public children services agency.	92580

(B) "Fugitive felon" means an individual who is fleeing to	92581
avoid prosecution, or custody or confinement after conviction,	92582
under the laws of the place from which the individual is fleeing,	92583
for a crime or an attempt to commit a crime that is a felony under	92584
the laws of the place from which the individual is fleeing or, in	92585
the case of New Jersey, a high misdemeanor, regardless of whether	92586
the individual has departed from the individual's usual place of	92587
residence.	92588

(C) "Information" means records as defined in section 149.011	92589
of the Revised Code, any other documents in any format, and data	92590
derived from records and documents that are generated, acquired,	92591
or maintained by the department of job and family services, a	92592
county agency, or an entity performing duties on behalf of the	92593
department or a county agency.	92594

(D) "Law enforcement agency" means the state highway patrol,	92595
an agency that employs peace officers as defined in section 109.71	92596
of the Revised Code, the adult parole authority, a county	92597
department of probation, a prosecuting attorney, the attorney	92598
general, similar agencies of other states, federal law enforcement	92599
agencies, and postal inspectors. "Law enforcement agency" includes	92600
the peace officers and other law enforcement officers employed by	92601
the agency.	92602

(E) "Medical assistance ~~provided under a public assistance~~	92603
~~program~~" means medical assistance provided pursuant to, or under	92604
~~the~~ programs established ~~under sections~~by, section 5101.49,	92605
sections 5101.50~~, 5101.51, 5101.52, and 5101.5211 to 5101.5216~~to	92606
5101.529, Chapter 5111., or any other provision of the Revised	92607
Code.	92608

(F) "Medical assistance recipient" means an applicant for or	92609
recipient or former recipient of medical assistance.	92610

(G) "Public assistance" means financial assistance~~, medical~~	92611
~~assistance,~~ or social services that are not medical assistance	92612
provided under a program administered by the department of job and	92613
family services or a county agency pursuant to Chapter 329.,	92614
5101., 5104., 5107., 5108., ~~5111.,~~ or 5115. of the Revised Code or	92615
an executive order issued under section 107.17 of the Revised	92616
Code.	92617

~~(G)~~(H) "Public assistance recipient" means an applicant for	92618
or recipient or former recipient of public assistance.	92619

Sec. 5101.27. (A) Except as permitted by this section,	92620
section ~~5101.272~~5101.273, 5101.28, or 5101.29 of the Revised	92621
Code, or ~~the~~ rules adopted under ~~division (A) of~~ section 5101.30	92622
of the Revised Code, or when required by federal law, no person or	92623
government entity shall solicit, disclose, receive, use, or	92624
knowingly permit, or participate in the use of any information	92625
regarding a public assistance recipient for any purpose not	92626
directly connected with the administration of a public assistance	92627
program.	92628

(B) To the extent permitted by federal law, the department of	92629
job and family services and county agencies shall do all of the	92630
following:	92631

(1) Release information regarding a public assistance	92632
recipient for purposes directly connected to the administration of	92633
the program to a government entity responsible for administering	92634
that public assistance program;	92635

(2) Provide information regarding a public assistance	92636
recipient to a law enforcement agency for the purpose of any	92637
investigation, prosecution, or criminal or civil proceeding	92638
relating to the administration of that public assistance program;	92639

(3) Provide, for purposes directly connected to the	92640
administration of a program that assists needy individuals with	92641
the costs of public utility services, information regarding a	92642
recipient of financial assistance provided under a program	92643
administered by the department or a county agency pursuant to	92644
Chapter 5107. or 5108. of the Revised Code or sections 5115.01 to	92645
5115.07 of the Revised Code to an entity administering the public	92646
utility services program.	92647

(C) To the extent permitted by federal law and section	92648
1347.08 of the Revised Code, the department and county agencies	92649
shall provide access to information regarding a public assistance	92650
recipient to all of the following:	92651

(1) The recipient;

92652

(2) The authorized representative;

92653

(3) The legal guardian of the recipient;

92654

(4) The attorney of the recipient, if the attorney has	92655
written authorization that complies with section ~~5101.271~~5101.272	92656
of the Revised Code from the recipient.	92657

(D) To the extent permitted by federal law and subject to	92658
division (E) of this section, the department and county agencies	92659
may do both of the following:	92660

(1) Release information about a public assistance recipient	92661
if the recipient gives voluntary, written authorization that	92662
complies with section ~~5101.271~~5101.272 of the Revised Code;	92663

(2) Release information regarding a public assistance	92664
recipient to a state, federal, or federally assisted program that	92665
provides cash or in-kind assistance or services directly to	92666
individuals based on need or for the purpose of protecting	92667
children to a government entity responsible for administering a	92668
children's protective services program.	92669

(E) Except when the release is required by division (B), (C),	92670
or (D)(2) of this section, the department or county agency shall	92671
release the information only in accordance with the authorization.	92672
The department or county agency shall provide, at no cost, a copy	92673
of each written authorization to the individual who signed it.	92674

(F) ~~The department or county agency may release information~~	92675
~~under division (D) of this section concerning the receipt of~~	92676
~~medical assistance provided under a public assistance program only~~	92677
~~if all of the following conditions are met:~~	92678

~~(1) The release of information is for purposes directly~~	92679
~~connected to the administration of or provision of medical~~	92680
~~assistance provided under a public assistance program;~~	92681

~~(2) The information is released to persons or government~~	92682
~~entities that are subject to standards of confidentiality and~~	92683
~~safeguarding information substantially comparable to those~~	92684
~~established for medical assistance provided under a public~~	92685
~~assistance program;~~	92686

~~(3) The department or county agency has obtained an~~	92687
~~authorization consistent with section 5101.271 of the Revised~~	92688
~~Code.~~	92689

~~(G) Information concerning the receipt of medical assistance~~	92690
~~provided under a public assistance program may be released only if~~	92691
~~the release complies with this section and rules adopted by the~~	92692
~~department pursuant to section 5101.30 of the Revised Code or, if~~	92693
~~more restrictive, the Health Insurance Portability and~~	92694
~~Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1955,~~	92695
~~42 U.S.C. 1320d, et seq., as amended, and regulations adopted by~~	92696
~~the United States department of health and human services to~~	92697
~~implement the act.~~	92698

~~(H)~~ The department of job and family services may adopt rules	92699
defining "authorized representative" for purposes of division	92700
(C)(2) of this section.	92701

Sec. 5101.271. (A) Except as permitted by this section,	92702
section 5101.273, or rules adopted under section 5101.30 of the	92703
Revised Code, or when required by federal law, no person or	92704
government entity shall use or disclose information regarding a	92705
medical assistance recipient for any purpose not directly	92706
connected with the administration of the medical assistance	92707
program.	92708

(B) Both of the following shall be considered to be purposes	92709
directly connected with the administration of the medical	92710
assistance program:	92711

(1) Treatment, payment, or other operations or activities	92712
authorized by 42 C.F.R. Chapter IV;	92713

(2) Any administrative function or duty the department of job	92714
and family services performs alone or jointly with a federal	92715
government entity, another state government entity, or a local	92716
government entity implementing a provision of federal law.	92717

(C) The department or a county agency may disclose	92718
information regarding a medical assistance recipient to any of the	92719
following:	92720

(1) The recipient or the recipient's authorized	92721
representative;	92722

(2) The recipient's legal guardian in accordance with	92723
division (C) of section 2111.13 of the Revised Code;	92724

(3) The attorney of the recipient, if the department or	92725
county agency has obtained authorization from the recipient, the	92726
recipient's authorized representative, or the recipient's legal	92727
guardian that meets all requirements of the Health Insurance	92728
Portability and Accountability Act of 1996, Pub. L. 104-191, 110	92729
Stat. 1955, 42 U.S.C. 1320d et seq., as amended, regulations	92730
promulgated by the United States department of health and human	92731
services to implement the act, section 5101.272 of the Revised	92732
Code, and any rules the director of job and family services adopts	92733
under section 5101.30 of the Revised Code;	92734

(4) A health information or health records management entity	92735
that has executed with the department a business associate	92736
agreement required by 45 C.F.R 164.502(e)(2) and has been	92737
authorized by the recipient, the recipient's authorized	92738
representative, or the recipient's legal guardian to receive the	92739
recipient's electronic health records in accordance with rules the	92740
director of job and family services adopts under section 5101.30	92741
of the Revised Code;	92742

(5) A court if pursuant to a written order of the court.

92743

(D) The department may receive from county departments of job	92744
and family services information regarding any medical assistance	92745
recipient for purposes of training and verifying the accuracy of	92746
eligibility determinations for medical assistance. The department	92747
may assemble information received under this division into a	92748
report if the report is in a form specified by the department.	92749
Information received and assembled into a report under this	92750
division shall remain confidential and not besubject to	92751
disclosure pursuant to section 149.43 or 1347.08 of the Revised	92752
Code.	92753

(E) The department shall notify courts in this state	92754
regarding its authority, under division (C)(5) of this section, to	92755
disclose information regarding a medical assistance recipient	92756
pursuant to a written court order.	92757

~~Sec. 5101.271.~~ Sec. 5101.272. (A) For the purposes of ~~section~~	92758
sections 5101.27 and 5101.271 of the Revised Code, an	92759
authorization shall be made on a form that uses language	92760
understandable to the average person and contains all of the	92761
following:	92762

(1) A description of the information to be used or disclosed	92763
that identifies the information in a specific and meaningful	92764
fashion;	92765

(2) The name or other specific identification of the person	92766
or class of persons authorized to make the requested use or	92767
disclosure;	92768

(3) The name or other specific identification of the person	92769
or governmental entity to which the information may be released;	92770

(4) A description of each purpose of the requested use or	92771
disclosure of the information;	92772

(5) The date on which the authorization expires or an event	92773
related either to the individual who is the subject of the request	92774
or to the purposes of the requested use or disclosure, the	92775
occurrence of which will cause the authorization to expire;	92776

(6) A statement that the information used or disclosed	92777
pursuant to the authorization may be disclosed by the recipient of	92778
the information and may no longer be protected from disclosure;	92779

(7) The signature of the individual or the individual's	92780
authorized representative and the date on which the authorization	92781
was signed;	92782

(8) If signed by an authorized representative, a description	92783
of the representative's authority to act for the individual;	92784

(9) A statement of the individual or authorized	92785
representative's right to prospectively revoke the written	92786
authorization in writing, along with one of the following:	92787

(a) A description of how the individual or authorized	92788
representative may revoke the authorization;	92789

(b) If the department of job and family services' privacy	92790
notice contains a description of how the individual or authorized	92791
representative may revoke the authorization, a reference to that	92792
privacy notice.	92793

(10) A statement that treatment, payment, enrollment, or	92794
eligibility for public assistance or medical assistance cannot be	92795
conditioned on signing the authorization unless the authorization	92796
is necessary for determining eligibility for the public assistance	92797
or medical assistance program.	92798

(B) An authorization for the release of information regarding	92799
a medical assistance recipient to the recipient's attorney under	92800
division (C)(3) of section 5101.271 of the Revised Code may	92801
include a provision specifically authorizing the release of the	92802
recipient's electronic health records, if any, in accordance with	92803
rules the director of job and family services adopts under section	92804
5101.30 of the Revised Code.	92805

(C) When an individual requests information pursuant to	92806
section 5101.27 or 5101.271 of the Revised Code regarding the	92807
individual's receipt of public assistance or medical assistance	92808
and does not wish to provide a statement of purpose, the statement	92809
"at request of the individual" is a sufficient description for	92810
purposes of division (A)(4) of this section.	92811

~~Sec. 5101.272.~~ Sec. 5101.273. ~~Not later than August 31, 2007, the~~	92812
~~director of job and family services shall submit a report to the~~	92813
~~general assembly on the costs and potential three-year cost~~	92814
~~savings associated with participation in the~~	92815
~~federally-administered public assistance reporting information~~	92816
~~system. If cost savings are indicated in the report, not later~~	92817
~~than October 1, 2007, the~~The department of job and family	92818
services shall enter into any necessary agreements with the United	92819
States department of health and human services and neighboring	92820
states to join and participate as an active member in the public	92821
assistance reporting information system. The department may	92822
disclose information regarding a public assistance recipient or	92823
medical assistance recipient to the extent necessary to	92824
participate as an active member in the public assistance reporting	92825
information system.	92826

Sec. 5101.28. (A)(1) On request of the department of job and	92827
family services or a county agency, a law enforcement agency shall	92828
provide information regarding public assistance recipients to	92829
enable the department or county agency to determine, for	92830
eligibility purposes, whether a recipient or a member of a	92831
recipient's assistance group is a fugitive felon or violating a	92832
condition of probation, a community control sanction, parole, or a	92833
post-release control sanction imposed under state or federal law.	92834

(2) A county agency may enter into a written agreement with a	92835
local law enforcement agency establishing procedures concerning	92836
access to information and providing for compliance with division	92837
(F) of this section.	92838

(B) To the extent permitted by federal law, the department	92839
and county agencies shall provide information~~, except information~~	92840
~~directly related to the receipt of medical assistance or medical~~	92841
~~services,~~ regarding recipients of public assistance under a	92842
program administered by the state department or a county agency	92843
pursuant to Chapter 5107., 5108., or 5115. of the Revised Code to	92844
law enforcement agencies on request for the purposes of	92845
investigations, prosecutions, and criminal and civil proceedings	92846
that are within the scope of the law enforcement agencies'	92847
official duties.	92848

(C) Information about a public assistance recipient shall be	92849
exchanged, obtained, or shared only if the department, county	92850
agency, or law enforcement agency requesting the information gives	92851
sufficient information to specifically identify the recipient. In	92852
addition to the recipient's name, identifying information may	92853
include the recipient's current or last known address, social	92854
security number, other identifying number, age, gender, physical	92855
characteristics, any information specified in an agreement entered	92856
into under division (A) of this section, or any information	92857
considered appropriate by the department or agency.	92858

(D)(1) The department and its officers and employees are not	92859
liable in damages in a civil action for any injury, death, or loss	92860
to person or property that allegedly arises from the release of	92861
information in accordance with divisions (A), (B), and (C) of this	92862
section. This section does not affect any immunity or defense that	92863
the department and its officers and employees may be entitled to	92864
under another section of the Revised Code or the common law of	92865
this state, including section 9.86 of the Revised Code.	92866

(2) The county agencies and their employees are not liable in	92867
damages in a civil action for any injury, death, or loss to person	92868
or property that allegedly arises from the release of information	92869
in accordance with divisions (A), (B), and (C) of this section.	92870
"Employee" has the same meaning as in division (B) of section	92871
2744.01 of the Revised Code. This section does not affect any	92872
immunity or defense that the county agencies and their employees	92873
may be entitled to under another section of the Revised Code or	92874
the common law of this state, including section 2744.02 and	92875
division (A)(6) of section 2744.03 of the Revised Code.	92876

(E) To the extent permitted by federal law, the department	92877
and county agencies shall provide access to information to the	92878
auditor of state acting pursuant to Chapter 117. or sections	92879
5101.181 and 5101.182 of the Revised Code and to any other	92880
government entity authorized by federal law to conduct an audit	92881
of, or similar activity involving, a public assistance program.	92882

(F) The auditor of state shall prepare an annual report on	92883
the outcome of the agreements required under division (A) of this	92884
section. The report shall include the number of fugitive felons,	92885
probation and parole violators, and violators of community control	92886
sanctions and post-release control sanctions apprehended during	92887
the immediately preceding year as a result of the exchange of	92888
information pursuant to that division. The auditor of state shall	92889
file the report with the governor, the president and minority	92890
leader of the senate, and the speaker and minority leader of the	92891
house of representatives. The state department, county agencies,	92892
and law enforcement agencies shall cooperate with the auditor of	92893
state's office in gathering the information required under this	92894
division.	92895

(G) To the extent permitted by federal law, the department of	92896
job and family services, county departments of job and family	92897
services, and employees of the departments may report to a public	92898
children services agency or other appropriate agency information	92899
on known or suspected physical or mental injury, sexual abuse or	92900
exploitation, or negligent treatment or maltreatment, of a child	92901
receiving public assistance, if circumstances indicate that the	92902
child's health or welfare is threatened.	92903

(H) As used in this section:

92904

(1) "Community control sanction" has the same meaning as in	92905
section 2929.01 of the Revised Code.	92906

(2) "Post-release control sanction" has the same meaning as	92907
in section 2967.01 of the Revised Code.	92908

Sec. 5101.30. (A) The director of job and family services	92909
shall adopt rules in accordance with Chapter 119. of the Revised	92910
Code implementing sections 5101.26 to 5101.30 of the Revised Code	92911
and governing the custody, use, disclosure, and preservation of	92912
the information generated or received by the department of job and	92913
family services, county agencies, other state and county entities,	92914
contractors, grantees, private entities, or officials	92915
participating in the administration of public assistance or	92916
medical assistance programs. The rules shall comply with	92917
applicable federal statutes and regulations.~~The~~	92918

(1) The rules shall specify conditions and procedures for the	92919
release of information~~. The rules shall comply with applicable~~	92920
~~federal statutes and regulations. To the extent permitted by~~	92921
~~federal law~~which may include, among other conditions and	92922
procedures, both of the following:	92923

~~(1) The rules may permit~~(a) Permitting providers of services	92924
or assistance under public assistance programs limited access to	92925
information that is essential for the providers to render services	92926
or assistance or to bill for services or assistance rendered. The	92927
department of aging, when investigating a complaint under section	92928
173.20 of the Revised Code, shall be granted any limited access	92929
permitted in the rules pursuant to division (A)(1) of this	92930
section.	92931

~~(2) The rules may permit~~(b) Permitting a contractor,	92932
grantee, or other state or county entity limited access to	92933
information that is essential for the contractor, grantee, or	92934
entity to perform administrative or other duties on behalf of the	92935
department or county agency. A contractor, grantee, or entity	92936
given access to information pursuant to division (A)(2) of this	92937
section is bound by the director's rules, and disclosure of the	92938
information by the contractor, grantee, or entity in a manner not	92939
authorized by the rules is a violation of section 5101.27 of the	92940
Revised Code.	92941

(2) The rules may define who is an "authorized	92942
representative" for purposes of sections 5101.27, 5101.271, and	92943
5101.272 of the Revised Code.	92944

(B) Whenever names, addresses, or other information relating	92945
to public assistance recipients is held by any agency other than	92946
the department or a county agency, that other agency shall adopt	92947
rules consistent with sections 5101.26 to 5101.30 of the Revised	92948
Code to prevent the publication or disclosure of names, lists, or	92949
other information concerning those recipients.	92950

Sec. 5101.341. (A) The Ohio commission on fatherhood	92951
annually shall elect a chairperson from among its members. ~~The~~	92952

(B) The governor shall appoint an individual to serve as the	92953
commission's executive director. The executive director shall	92954
serve at the pleasure of the governor and shall report to the	92955
director of job and family services or the director's designee.	92956

The governor shall fix the executive director's salary on the	92957
basis of the executive director's experience and the executive	92958
director's responsibilities and duties. The executive director	92959
shall be in the unclassified civil service.	92960

The department of job and family services shall provide staff	92961
and other support services as necessary for the commission to	92962
fulfill its duties.	92963

~~(B)~~(C) The commission may accept gifts, grants, donations,	92964
contributions, benefits, and other funds from any public agency or	92965
private source to carry out any or all of the commission's duties.	92966
The funds shall be deposited into the Ohio commission on	92967
fatherhood fund, which is hereby created in the state treasury.	92968
All gifts, grants, donations, contributions, benefits, and other	92969
funds received by the commission pursuant to this division shall	92970
be used solely to support the operations of the commission.	92971

Sec. 5101.342. The Ohio commission on fatherhood shall do	92972
both of the following:	92973

(A) Organize a state summit on fatherhood every four years;

92974

(B)~~(1)~~ Prepare a report each year that ~~identifies~~does the	92975
following:	92976

(1) Identifies resources available to fund fatherhood-related	92977
programs and explores the creation of initiatives to do the	92978
following:	92979

(a) Build the parenting skills of fathers;

92980

(b) Provide employment-related services for low-income,	92981
noncustodial fathers;	92982

92983

(d) Provide services to fathers who are inmates in or have	92984
just been released from imprisonment in a state correctional	92985
institution, as defined in section 2967.01 of the Revised Code, or	92986
in any other detention facility, as defined in section 2921.01 of	92987
the Revised Code, so that they are able to maintain or reestablish	92988
their relationships with their families;	92989

(e) Reconcile fathers with their families;

92990

(f) Increase public awareness of the critical role fathers	92991
play.	92992

(2) Describes the commission's expectations for the outcomes	92993
of fatherhood-related programs and initiatives and the methods the	92994
commission uses for conducting annual measures of those outcomes.	92995

(C) The portion of the report prepared pursuant to division	92996
(B)(2) of this section shall be prepared by the commission in	92997
collaboration with the director of job and family services.	92998

(D) The commission shall submit each report prepared pursuant	92999
to division (B)~~(1)~~ of this section to the president and minority	93000
leader of the senate, speaker and minority leader of the house of	93001
representatives, governor, and chief justice of the supreme court.	93002
The first report is due not later than one year after the last of	93003
the initial appointments to the commission is made under section	93004
5101.341 of the Revised Code.	93005

Sec. 5101.35. (A) As used in this section:

93006

(1) "Agency" means the following entities that administer a	93007
family services program:	93008

(a) The department of job and family services;

93009

(b) A county department of job and family services;

93010

93011

(d) A private or government entity administering, in whole or	93012
in part, a family services program for or on behalf of the	93013
department of job and family services or a county department of	93014
job and family services or public children services agency.	93015

(2) "Appellant" means an applicant, participant, former	93016
participant, recipient, or former recipient of a family services	93017
program who is entitled by federal or state law to a hearing	93018
regarding a decision or order of the agency that administers the	93019
program.	93020

(3) "Family services program" means assistance provided under	93021
a Title IV-A program as defined in section 5101.80 of the Revised	93022
Code or under Chapter 5104., 5111., or 5115. or section ~~173.35~~	93023
5119.69, 5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or	93024
5153.165 of the Revised Code, other than assistance provided under	93025
section 5101.46 of the Revised Code by the department of mental	93026
health, the department of developmental disabilities, a board of	93027
alcohol, drug addiction, and mental health services, or a county	93028
board of developmental disabilities.	93029

(B) Except as provided by divisions (G) and (H) of this	93030
section, an appellant who appeals under federal or state law a	93031
decision or order of an agency administering a family services	93032
program shall, at the appellant's request, be granted a state	93033
hearing by the department of job and family services. This state	93034
hearing shall be conducted in accordance with rules adopted under	93035
this section. The state hearing shall be recorded, but neither the	93036
recording nor a transcript of the recording shall be part of the	93037
official record of the proceeding. A state hearing decision is	93038
binding upon the agency and department, unless it is reversed or	93039
modified on appeal to the director of job and family services or a	93040
court of common pleas.	93041

(C) Except as provided by division (G) of this section, an	93042
appellant who disagrees with a state hearing decision may make an	93043
administrative appeal to the director of job and family services	93044
in accordance with rules adopted under this section. This	93045
administrative appeal does not require a hearing, but the director	93046
or the director's designee shall review the state hearing decision	93047
and previous administrative action and may affirm, modify, remand,	93048
or reverse the state hearing decision. Any person designated to	93049
make an administrative appeal decision on behalf of the director	93050
shall have been admitted to the practice of law in this state. An	93051
administrative appeal decision is the final decision of the	93052
department and is binding upon the department and agency, unless	93053
it is reversed or modified on appeal to the court of common pleas.	93054

(D) An agency shall comply with a decision issued pursuant to	93055
division (B) or (C) of this section within the time limits	93056
established by rules adopted under this section. If a county	93057
department of job and family services or a public children	93058
services agency fails to comply within these time limits, the	93059
department may take action pursuant to section 5101.24 of the	93060
Revised Code. If another agency fails to comply within the time	93061
limits, the department may force compliance by withholding funds	93062
due the agency or imposing another sanction established by rules	93063
adopted under this section.	93064

(E) An appellant who disagrees with an administrative appeal	93065
decision of the director of job and family services or the	93066
director's designee issued under division (C) of this section may	93067
appeal from the decision to the court of common pleas pursuant to	93068
section 119.12 of the Revised Code. The appeal shall be governed	93069
by section 119.12 of the Revised Code except that:	93070

(1) The person may appeal to the court of common pleas of the	93071
county in which the person resides, or to the court of common	93072
pleas of Franklin county if the person does not reside in this	93073
state.	93074

(2) The person may apply to the court for designation as an	93075
indigent and, if the court grants this application, the appellant	93076
shall not be required to furnish the costs of the appeal.	93077

(3) The appellant shall mail the notice of appeal to the	93078
department of job and family services and file notice of appeal	93079
with the court within thirty days after the department mails the	93080
administrative appeal decision to the appellant. For good cause	93081
shown, the court may extend the time for mailing and filing notice	93082
of appeal, but such time shall not exceed six months from the date	93083
the department mails the administrative appeal decision. Filing	93084
notice of appeal with the court shall be the only act necessary to	93085
vest jurisdiction in the court.	93086

(4) The department shall be required to file a transcript of	93087
the testimony of the state hearing with the court only if the	93088
court orders the department to file the transcript. The court	93089
shall make such an order only if it finds that the department and	93090
the appellant are unable to stipulate to the facts of the case and	93091
that the transcript is essential to a determination of the appeal.	93092
The department shall file the transcript not later than thirty	93093
days after the day such an order is issued.	93094

(F) The department of job and family services shall adopt	93095
rules in accordance with Chapter 119. of the Revised Code to	93096
implement this section, including rules governing the following:	93097

(1) State hearings under division (B) of this section. The	93098
rules shall include provisions regarding notice of eligibility	93099
termination and the opportunity of an appellant appealing a	93100
decision or order of a county department of job and family	93101
services to request a county conference with the county department	93102
before the state hearing is held.	93103

(2) Administrative appeals under division (C) of this	93104
section;	93105

(3) Time limits for complying with a decision issued under	93106
division (B) or (C) of this section;	93107

(4) Sanctions that may be applied against an agency under	93108
division (D) of this section.	93109

(G) The department of job and family services may adopt rules	93110
in accordance with Chapter 119. of the Revised Code establishing	93111
an appeals process for an appellant who appeals a decision or	93112
order regarding a Title IV-A program identified under division	93113
(A)(4)(c), (d), (e), or (f) of section 5101.80 of the Revised Code	93114
that is different from the appeals process established by this	93115
section. The different appeals process may include having a state	93116
agency that administers the Title IV-A program pursuant to an	93117
interagency agreement entered into under section 5101.801 of the	93118
Revised Code administer the appeals process.	93119

(H) If an appellant receiving medicaid through a health	93120
insuring corporation that holds a certificate of authority under	93121
Chapter 1751. of the Revised Code is appealing a denial of	93122
medicaid services based on lack of medical necessity or other	93123
clinical issues regarding coverage by the health insuring	93124
corporation, the person hearing the appeal may order an	93125
independent medical review if that person determines that a review	93126
is necessary. The review shall be performed by a health care	93127
professional with appropriate clinical expertise in treating the	93128
recipient's condition or disease. The department shall pay the	93129
costs associated with the review.	93130

A review ordered under this division shall be part of the	93131
record of the hearing and shall be given appropriate evidentiary	93132
consideration by the person hearing the appeal.	93133

(I) The requirements of Chapter 119. of the Revised Code	93134
apply to a state hearing or administrative appeal under this	93135
section only to the extent, if any, specifically provided by rules	93136
adopted under this section.	93137

Sec. 5101.37. (A) The department of job and family services	93138
and each county department of job and family services and child	93139
support enforcement agency may ~~make~~conduct any audits or	93140
investigations that are necessary in the performance of their	93141
duties, and to that end they shall have the same power as a judge	93142
of a county court to administer oaths and to enforce the	93143
attendance and testimony of witnesses and the production of books	93144
or papers.	93145

The department and each county department and agency shall	93146
keep a record of their audits and investigations stating the time,	93147
place, charges, or subject,; witnesses summoned and examined,; and	93148
their conclusions.	93149

Witnesses shall be paid the fees and mileage provided for	93150
under section 119.094 of the Revised Code.	93151

(B) In conducting hearings pursuant to Chapters 3119., 3121.,	93152
and 3123. or pursuant to division (B) of section 5101.35 of the	93153
Revised Code, the department and each child support enforcement	93154
agency have the same power as a judge of a county court to	93155
administer oaths and to enforce the attendance and testimony of	93156
witnesses and the production of books or papers. The department	93157
and each agency shall keep a record of those hearings stating the	93158
time, place, charges, or subject,; witnesses summoned and	93159
examined,; and their conclusions.	93160

The issuance of a subpoena by the department or a child	93161
support enforcement agency to enforce attendance and testimony of	93162
witnesses and the production of books or papers at a hearing is	93163
discretionary and the department or agency is not required to pay	93164
the fees of witnesses for attendance and travel.	93165

(C) Any judge of any division of the court of common pleas,	93166
upon application of the department or a county department or child	93167
support enforcement agency, may compel the attendance of	93168
witnesses, the production of books or papers, and the giving of	93169
testimony before the department, county department, or agency, by	93170
a judgment for contempt or otherwise, in the same manner as in	93171
cases before those courts.	93172

(D) Until an audit report is formally released by the	93173
department of job and family services, the audit report or any	93174
working paper or other document or record prepared by the	93175
department and related to the audit that is the subject of the	93176
audit report is not a public record under section 149.43 of the	93177
Revised Code.	93178

(E) The director of job and family services may adopt rules	93179
as necessary to implement this section. The rules shall be adopted	93180
in accordance with section 111.15 of the Revised Code as if they	93181
were internal management rules.	93182

Sec. 5101.46. (A) As used in this section:

93183

(1) "Title XX" means Title XX of the "Social Security Act,"	93184
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	93185

(2) "Respective local agency" means, with respect to the	93186
department of job and family services, a county department of job	93187
and family services; with respect to the department of mental	93188
health, a board of alcohol, drug addiction, and mental health	93189
services; and with respect to the department of developmental	93190
disabilities, a county board of developmental disabilities.	93191

(3) "Federal poverty guidelines" means the poverty guidelines	93192
as revised annually by the United States department of health and	93193
human services in accordance with section 673(2) of the "Omnibus	93194
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	93195
9902, as amended, for a family size equal to the size of the	93196
family of the person whose income is being determined.	93197

(B) The departments of job and family services, mental	93198
health, and developmental disabilities, with their respective	93199
local agencies, shall administer the provision of social services	93200
funded through grants made under Title XX. The social services	93201
furnished with Title XX funds shall be directed at the following	93202
goals:	93203

(1) Achieving or maintaining economic self-support to	93204
prevent, reduce, or eliminate dependency;	93205

(2) Achieving or maintaining self-sufficiency, including	93206
reduction or prevention of dependency;	93207

(3) Preventing or remedying neglect, abuse, or exploitation	93208
of children and adults unable to protect their own interests, or	93209
preserving, rehabilitating, or reuniting families;	93210

(4) Preventing or reducing inappropriate institutional care	93211
by providing for community-based care, home-based care, or other	93212
forms of less intensive care;	93213

(5) Securing referral or admission for institutional care	93214
when other forms of care are not appropriate, or providing	93215
services to individuals in institutions.	93216

(C)(1) All federal funds received under Title XX shall be	93217
appropriated as follows:	93218

(a) Seventy-two and one-half per cent to the department of	93219
job and family services;	93220

(b) Twelve and ninety-three one-hundreths per cent to the	93221
department of mental health;	93222

(c) Fourteen and fifty-seven one-hundreths per cent to the	93223
department of developmental disabilities.	93224

(2) Each of the state ~~department~~departments shall, subject	93225
to the approval of the controlling board, develop ~~formulas~~a	93226
formula for the distribution of ~~their~~the Title XX ~~appropriations~~	93227
funds appropriated to the department to ~~their~~its respective local	93228
agencies. The ~~formulas~~formula developed by each state department	93229
shall take into account all of the following for each of its	93230
respective local agencies:	93231

(a) The total population of the area that is served by the	93232
respective local agency~~, the~~;	93233

(b) The percentage of the population in the area served that	93234
falls below the federal poverty guidelines~~, and the~~;	93235

(c) The respective local agency's history of and ability to	93236
utilize Title XX funds.	93237

(3) Each of the state departments shall expend nofor state	93238
administrative costs not more than three per cent of ~~its~~the Title	93239
XX ~~appropriation for state administrative costs~~funds appropriated	93240
to the department. ~~Each of the department's respective local~~	93241
~~agencies shall expend no more than fourteen per cent of its Title~~	93242
~~XX appropriation~~	93243

Each state department shall establish for each of its	93244
respective local agencies the maximum percentage of the Title XX	93245
funds distributed to the respective local agency that the	93246
respective local agency may expend for local administrative costs.	93247
The percentage shall be established by rule and shall comply with	93248
federal law governing the use of Title XX funds. The rules shall	93249
be adopted in accordance with section 111.15 of the Revised Code	93250
as if they were internal management rules.	93251

(4) The department of job and family services shall expend no	93252
for the training of the following not more than two per cent of	93253
~~its~~the Title XX ~~appropriation for the training of the following~~	93254
funds appropriated to the department:	93255

(a) Employees of county departments of job and family	93256
services;	93257

(b) Providers of services under contract with the state	93258
departments' respective local agencies;	93259

(c) Employees of a public children services agency directly	93260
engaged in providing Title XX services.	93261

(D) The department of job and family services shall prepare a	93262
biennial comprehensive Title XX social services plan on the	93263
intended use of Title XX funds. The department shall develop a	93264
method for obtaining public comment during the development of the	93265
plan and following its completion.	93266

For each state fiscal year, the department of job and family	93267
services shall prepare a report on the actual use of Title XX	93268
funds. The department shall make the annual report available for	93269
public inspection.	93270

The departments of mental health and developmental	93271
disabilities shall prepare and submit to the department of job and	93272
family services the portions of each biennial plan and annual	93273
report that apply to services for mental health and mental	93274
retardation and developmental disabilities. Each respective local	93275
agency of the three state departments shall submit information as	93276
necessary for the preparation of biennial plans and annual	93277
reports.	93278

(E) Each county department shall adopt a county profile for	93279
the administration and provision of Title XX social services in	93280
the county. In developing its county profile, the county	93281
department shall take into consideration the comments and	93282
recommendations received from the public by the county family	93283
services planning committee pursuant to section 329.06 of the	93284
Revised Code. As part of its preparation of the county profile,	93285
the county department may prepare a local needs report analyzing	93286
the need for Title XX social services.	93287

The county department shall submit the county profile to the	93288
board of county commissioners for its review. Once the county	93289
profile has been approved by the board, the county department	93290
shall file a copy of the county profile with the department of job	93291
and family services. The department shall approve the county	93292
profile if the department determines the profile provides for the	93293
Title XX social services to meet the goals specified in division	93294
(B) of this section.	93295

(F) Any of the three state departments and their respective	93296
local agencies may require that an entity under contract to	93297
provide social services with Title XX funds submit to an audit on	93298
the basis of alleged misuse or improper accounting of funds. If an	93299
audit is required, the social services provider shall reimburse	93300
the state department or respective local agency for the cost it	93301
incurred in conducting the audit or having the audit conducted.	93302

If an audit demonstrates that a social services provider is	93303
responsible for one or more adverse findings, the provider shall	93304
reimburse the appropriate state department or its respective local	93305
agency the amount of the adverse findings. The amount shall not be	93306
reimbursed with Title XX funds received under this section. The	93307
three state departments and their respective local agencies may	93308
terminate or refuse to enter into a Title XX contract with a	93309
social services provider if there are adverse findings in an audit	93310
that are the responsibility of the provider.	93311

(G) ~~The~~Except with respect to the matters for which each of	93312
the state departments must adopt rules under division (C)(3) of	93313
this section, the department of job and family services may adopt	93314
any rules it considers necessary to implement and carry out the	93315
purposes of this section. Rules governing financial and	93316
operational matters of the department or matters between the	93317
department and county departments of job and family services shall	93318
be adopted as internal management rules in accordance with section	93319
111.15 of the Revised Code. Rules governing eligibility for	93320
services, program participation, and other matters pertaining to	93321
applicants and participants shall be adopted in accordance with	93322
Chapter 119. of the Revised Code.	93323

Sec. 5101.47. (A) Except as provided in ~~division~~divisions	93324
(B) and (C) of this section, the ~~director~~department of job and	93325
family services may accept applications, determine eligibility,	93326
redetermine eligibility, and perform related administrative	93327
activities for one or more of the following:	93328

(1) The medicaid program established by Chapter 5111. of the	93329
Revised Code;	93330

(2) The children's health insurance program parts I, II, and	93331
III provided for under sections 5101.50~~, 5101.51, and 5101.52~~to	93332
5101.529 of the Revised Code;	93333

(3) Publicly funded child care provided under Chapter 5104.	93334
of the Revised Code;	93335

(4) The supplemental nutrition assistance program	93336
administered by the department ~~of job and family services~~ pursuant	93337
to section 5101.54 of the Revised Code;	93338

(5) Other programs the director of job and family services	93339
determines are supportive of children, adults, or families;	93340

(6) Other programs regarding which the director determines	93341
administrative cost savings and efficiency may be achieved through	93342
the department accepting applications, determining eligibility,	93343
redetermining eligibility, or performing related administrative	93344
activities.	93345

(B) To the extent permitted by federal law, the department	93346
may enter into agreements with one or more other state agencies,	93347
local government entities, or political subdivisions to accept	93348
applications, determine eligibility, redetermine eligibility, and	93349
perform related administrative activities on behalf of the	93350
department with respect to the medicaid program and the children's	93351
health insurance program.	93352

(C) If federal law requires a face-to-face interview to	93353
complete an eligibility determination for a program specified in	93354
or pursuant to division (A) of this section, the face-to-face	93355
interview shall not be conducted by the department of job and	93356
family services.	93357

~~(C)~~(D) Subject to division ~~(B)~~(C) of this section, if the	93358
~~director~~department elects to accept applications, determine	93359
eligibility, redetermine eligibility, and perform related	93360
administrative activities for a program specified in or pursuant	93361
to division (A) of this section, both of the following apply:	93362

(1) An individual seeking services under the program may	93363
apply for the program to the ~~director~~department or to the entity	93364
that state law governing the program authorizes to accept	93365
applications for the program.	93366

(2) The ~~director~~department is subject to federal statutes	93367
and regulations and state statutes and rules that require, permit,	93368
or prohibit an action regarding accepting applications,	93369
determining or redetermining eligibility, and performing related	93370
administrative activities for the program.	93371

~~(D)~~(E) The director may adopt rules as necessary to implement	93372
this section.	93373

Sec. 5101.57. (A) As used in this section:

93374

(1) "Nontherapeutic abortion" has the same meaning as in	93375
section 124.85 of the Revised Code.	93376

(2) "Political subdivision" means any body corporate and	93377
politic that is responsible for governmental activities in a	93378
geographic area smaller than the state, except that "political	93379
subdivision" does not include either of the following:	93380

(a) A municipal corporation;

93381

(b) A county that has adopted a charter under Section 3 of	93382
Article X, Ohio Constitution, to the extent that it is exercising	93383
the powers of local self-government as provided in that charter	93384
and is subject to Section 3 of Article XVIII, Ohio Constitution.	93385

(3) "Public facility" means any institution, structure,	93386
equipment, or physical asset that is owned, leased, or controlled	93387
by this state or any agency, institution, instrumentality, or	93388
political subdivision thereof. "Public facility" includes any	93389
state university, state medical college, health district, joint	93390
hospital, or public hospital agency.	93391

(B) No public facility shall be used for the purpose of	93392
performing or inducing a nontherapeutic abortion.	93393

Sec. 5101.571. As used in sections 5101.571 to 5101.591 of	93394
the Revised Code:	93395

(A) "Information" means all of the following:

93396

(1) An individual's name, address, date of birth, and social	93397
security number;	93398

(2) The group or plan number, or other identifier, assigned	93399
by a third party to a policy held by an individual or a plan in	93400
which the individual participates and the nature of the coverage;	93401

(3) Any other data the director of job and family services	93402
specifies in rules adopted under section 5101.591 of the Revised	93403
Code.	93404

(B) "Medical assistance" means medical items or services	93405
provided under any of the following:	93406

(1) Medicaid, as defined in section 5111.01 of the Revised	93407
Code;	93408

(2) The children's health insurance program part I, part II,	93409
and part III established under sections 5101.50, 5101.51, and	93410
5101.52 of the Revised Code;	93411

~~(3) The children's buy-in program established under sections~~	93412
~~5101.5211 to 5101.5216 of the Revised Code~~.	93413

(C) "Medical support" means support specified as support for	93414
the purpose of medical care by order of a court or administrative	93415
agency.	93416

(D) "Public assistance" means medical assistance or	93417
assistance under the Ohio works first program established under	93418
Chapter 5107. of the Revised Code.	93419

(E)(1) Subject to division (E)(2) of this section, and except	93420
as provided in division (E)(3) of this section, "third party"	93421
means all of the following:	93422

(a) A person authorized to engage in the business of sickness	93423
and accident insurance under Title XXXIX of the Revised Code;	93424

(b) A person or governmental entity providing coverage for	93425
medical services or items to individuals on a self-insurance	93426
basis;	93427

(c) A health insuring corporation as defined in section	93428
1751.01 of the Revised Code;	93429

(d) A group health plan as defined in 29 U.S.C. 1167;

93430

(e) A service benefit plan as referenced in 42 U.S.C.	93431
1396a(a)(25);	93432

(f) A managed care organization;

93433

(g) A pharmacy benefit manager;

93434

(h) A third party administrator;

93435

(i) Any other person or governmental entity that is, by law,	93436
contract, or agreement, responsible for the payment or processing	93437
of a claim for a medical item or service for a public assistance	93438
recipient or participant.	93439

(2) Except when otherwise provided by 42 U.S.C. 1395y(b), a	93440
person or governmental entity listed in division (E)(1) of this	93441
section is a third party even if the person or governmental entity	93442
limits or excludes payments for a medical item or service in the	93443
case of a public assistance recipient.	93444

(3) "Third party" does not include the program for medically	93445
handicapped children established under section 3701.023 of the	93446
Revised Code.	93447

Sec. 5101.573. (A) Subject to divisions (B) and (C) of this	93448
section, a third party shall do all of the following:	93449

(1) Accept the department of job and family services' right	93450
of recovery under section 5101.58 of the Revised Code and the	93451
assignment of rights to the department that are described in	93452
section 5101.59 of the Revised Code;	93453

(2) Respond to an inquiry by the department regarding a claim	93454
for payment of a medical item or service that was submitted to the	93455
third party not later than ~~three~~six years after the date of the	93456
provision of such medical item or service;	93457

(3) Not charge a fee to do either of the following for a	93458
claim described in division (A)(2) of this section:	93459

(a) Determine whether the claim should be paid;

93460

(b) Process the claim.

93461

(4) Pay a claim described in division (A)(2) of this section;

93462

~~(4)~~(5) Not deny a claim submitted by the department solely on	93463
the basis of the date of submission of the claim, type or format	93464
of the claim form, or a failure by the medical assistance	93465
recipient who is the subject of the claim to present proper	93466
documentation of coverage at the time of service, if both of the	93467
following are true:	93468

(a) The claim was submitted by the department not later than	93469
~~three~~six years after the date of the provision of the medical	93470
item or service.	93471

(b) An action by the department to enforce its right of	93472
recovery under section 5101.58 of the Revised Code on the claim	93473
was commenced not later than six years after the department's	93474
submission of the claim.	93475

~~(5)~~(6) Consider the department's payment of a claim for a	93476
medical item or service to be the equivalent of the medical	93477
assistance recipient having obtained prior authorization for the	93478
item or service from the third party;	93479

~~(6)~~(7) Not deny a claim described in division (A)~~(5)~~(6) of	93480
this section that is submitted by the department solely on the	93481
basis of the medical assistance recipient's failure to obtain	93482
prior authorization for the medical item or service.	93483

(B) For purposes of the requirements in division (A) of this	93484
section, a third party shall treat a managed care organization as	93485
the department for a claim in which both of the following are	93486
true:	93487

(1) The individual who is the subject of the claim received a	93488
medical item or service through a managed care organization that	93489
has entered into a contract with the department of job and family	93490
services under section 5111.17 of the Revised Code;	93491

(2) The department has assigned its right of recovery for the	93492
claim to the managed care organization.	93493

(C) The time limitations associated with the requirements in	93494
divisions (A)(2) and ~~(A)(4)~~(5) of this section apply only to	93495
submissions of claims to, and payments of claims by, a health	93496
insurer to which 42 U.S.C. 1396a(a)(25)(I) applies.	93497

Sec. 5101.58. (A) The acceptance of public assistance gives	93498
an automatic right of recovery to the department of job and family	93499
services and a county department of job and family services	93500
against the liability of a third party for the cost of medical	93501
assistance paid on behalf of the public assistance recipient or	93502
participant. When an action or claim is brought against a third	93503
party by a public assistance recipient or participant, any	93504
payment, settlement or compromise of the action or claim, or any	93505
court award or judgment, is subject to the recovery right of the	93506
department of job and family services or county department of job	93507
and family services. Except in the case of a recipient or	93508
participant who receives medical assistance through a managed care	93509
organization, the department's or county department's claim shall	93510
not exceed the amount of medical assistance paid by a department	93511
on behalf of the recipient or participant. A payment, settlement,	93512
compromise, judgment, or award that excludes the cost of medical	93513
assistance paid for by a department shall not preclude a	93514
department from enforcing its rights under this section.	93515

(B) In the case of a recipient or participant who receives	93516
medical assistance through a managed care organization, the amount	93517
of the department's or county department's claim shall be the	93518
amount the managed care organization pays for medical assistance	93519
rendered to the recipient or participant, even if that amount is	93520
more than the amount a department pays to the managed care	93521
organization for the recipient's or participant's medical	93522
assistance.	93523

(C) A recipient or participant, and the recipient's or	93524
participant's attorney, if any, shall cooperate with the	93525
departments. In furtherance of this requirement, the recipient or	93526
participant, or the recipient's or participant's attorney, if any,	93527
shall, not later than thirty days after initiating informal	93528
recovery activity or filing a legal recovery action against a	93529
third party, provide written notice of the activity or action to	93530
the department of job and family services when medical assistance	93531
under medicaid ~~or the children's buy-in program~~ has been paid.	93532

(D) The written notice that must be given under division (C)	93533
of this section shall disclose the identity and address of any	93534
third party against whom the recipient or participant has or may	93535
have a right of recovery.	93536

(E) No settlement, compromise, judgment, or award or any	93537
recovery in any action or claim by a recipient or participant	93538
where the departments have a right of recovery shall be made final	93539
without first giving the appropriate departments written notice as	93540
described in division (C) of this section and a reasonable	93541
opportunity to perfect their rights of recovery. If the	93542
departments are not given the appropriate written notice, the	93543
recipient or participant and, if there is one, the recipient's or	93544
participant's attorney, are liable to reimburse the departments	93545
for the recovery received to the extent of medical payments made	93546
by the departments.	93547

(F) The departments shall be permitted to enforce their	93548
recovery rights against the third party even though they accepted	93549
prior payments in discharge of their rights under this section if,	93550
at the time the departments received such payments, they were not	93551
aware that additional medical expenses had been incurred but had	93552
not yet been paid by the departments. The third party becomes	93553
liable to the department of job and family services or county	93554
department of job and family services as soon as the third party	93555
is notified in writing of the valid claims for recovery under this	93556
section.	93557

(G)(1) Subject to division (G)(2) of this section, the right	93558
of recovery of a department does not apply to that portion of any	93559
judgment, award, settlement, or compromise of a claim, to the	93560
extent of attorneys' fees, costs, or other expenses incurred by a	93561
recipient or participant in securing the judgment, award,	93562
settlement, or compromise, or to the extent of medical, surgical,	93563
and hospital expenses paid by such recipient or participant from	93564
the recipient's or participant's own resources.	93565

(2) Reasonable attorneys' fees, not to exceed one-third of	93566
the total judgment, award, settlement, or compromise, plus costs	93567
and other expenses incurred by the recipient or participant in	93568
securing the judgment, award, settlement, or compromise, shall	93569
first be deducted from the total judgment, award, settlement, or	93570
compromise. After fees, costs, and other expenses are deducted	93571
from the total judgment, award, settlement, or compromise, the	93572
department of job and family services or appropriate county	93573
department of job and family services shall receive no less than	93574
one-half of the remaining amount, or the actual amount of medical	93575
assistance paid, whichever is less.	93576

(H) A right of recovery created by this section may be	93577
enforced separately or jointly by the department of job and family	93578
services or the appropriate county department of job and family	93579
services. To enforce their recovery rights, the departments may do	93580
any of the following:	93581

(1) Intervene or join in any action or proceeding brought by	93582
the recipient or participant or on the recipient's or	93583
participant's behalf against any third party who may be liable for	93584
the cost of medical assistance paid;	93585

(2) Institute and pursue legal proceedings against any third	93586
party who may be liable for the cost of medical assistance paid;	93587

(3) Initiate legal proceedings in conjunction with any	93588
injured, diseased, or disabled recipient or participant or the	93589
recipient's or participant's attorney or representative.	93590

(I) A recipient or participant shall not assess attorney	93591
fees, costs, or other expenses against the department of job and	93592
family services or a county department of job and family services	93593
when the department or county department enforces its right of	93594
recovery created by this section.	93595

(J) The right of recovery given to the department under this	93596
section does not include rights to support from any other person	93597
assigned to the state under sections 5107.20 and 5115.07 of the	93598
Revised Code, but includes payments made by a third party under	93599
contract with a person having a duty to support.	93600

Sec. 5101.60. As used in sections 5101.60 to 5101.71 of the	93601
Revised Code:	93602

(A) "Abuse" means the infliction upon an adult by self or	93603
others of injury, unreasonable confinement, intimidation, or cruel	93604
punishment with resulting physical harm, pain, or mental anguish.	93605

(B) "Adult" means any person sixty years of age or older	93606
within this state who is handicapped by the infirmities of aging	93607
or who has a physical or mental impairment which prevents the	93608
person from providing for the person's own care or protection, and	93609
who resides in an independent living arrangement. An "independent	93610
living arrangement" is a domicile of a person's own choosing,	93611
including, but not limited to, a private home, apartment, trailer,	93612
or rooming house. An "independent living arrangement" includes an	93613
adult care facility licensed pursuant to Chapter ~~3722.~~5119. of	93614
the Revised Code, but does not include other institutions or	93615
facilities licensed by the state or facilities in which a person	93616
resides as a result of voluntary, civil, or criminal commitment.	93617

(C) "Caretaker" means the person assuming the responsibility	93618
for the care of an adult on a voluntary basis, by contract,	93619
through receipt of payment for care, as a result of a family	93620
relationship, or by order of a court of competent jurisdiction.	93621

(D) "Court" means the probate court in the county where an	93622
adult resides.	93623

(E) "Emergency" means that the adult is living in conditions	93624
which present a substantial risk of immediate and irreparable	93625
physical harm or death to self or any other person.	93626

(F) "Emergency services" means protective services furnished	93627
to an adult in an emergency.	93628

(G) "Exploitation" means the unlawful or improper act of a	93629
caretaker using an adult or an adult's resources for monetary or	93630
personal benefit, profit, or gain.	93631

(H) "In need of protective services" means an adult known or	93632
suspected to be suffering from abuse, neglect, or exploitation to	93633
an extent that either life is endangered or physical harm, mental	93634
anguish, or mental illness results or is likely to result.	93635

(I) "Incapacitated person" means a person who is impaired for	93636
any reason to the extent that the person lacks sufficient	93637
understanding or capacity to make and carry out reasonable	93638
decisions concerning the person's self or resources, with or	93639
without the assistance of a caretaker. Refusal to consent to the	93640
provision of services shall not be the sole determinative that the	93641
person is incapacitated. "Reasonable decisions" are decisions made	93642
in daily living which facilitate the provision of food, shelter,	93643
clothing, and health care necessary for life support.	93644

(J) "Mental illness" means a substantial disorder of thought,	93645
mood, perception, orientation, or memory that grossly impairs	93646
judgment, behavior, capacity to recognize reality, or ability to	93647
meet the ordinary demands of life.	93648

(K) "Neglect" means the failure of an adult to provide for	93649
self the goods or services necessary to avoid physical harm,	93650
mental anguish, or mental illness or the failure of a caretaker to	93651
provide such goods or services.	93652

(L) "Peace officer" means a peace officer as defined in	93653
section 2935.01 of the Revised Code.	93654

(M) "Physical harm" means bodily pain, injury, impairment, or	93655
disease suffered by an adult.	93656

(N) "Protective services" means services provided by the	93657
county department of job and family services or its designated	93658
agency to an adult who has been determined by evaluation to	93659
require such services for the prevention, correction, or	93660
discontinuance of an act of as well as conditions resulting from	93661
abuse, neglect, or exploitation. Protective services may include,	93662
but are not limited to, case work services, medical care, mental	93663
health services, legal services, fiscal management, home health	93664
care, homemaker services, housing-related services, guardianship	93665
services, and placement services as well as the provision of such	93666
commodities as food, clothing, and shelter.	93667

(O) "Working day" means Monday, Tuesday, Wednesday, Thursday,	93668
and Friday, except when such day is a holiday as defined in	93669
section 1.14 of the Revised Code.	93670

Sec. 5101.61. (A) As used in this section:

93671

(1) "Senior service provider" means any person who provides	93672
care or services to a person who is an adult as defined in	93673
division (B) of section 5101.60 of the Revised Code.	93674

(2) "Ambulatory health facility" means a nonprofit, public or	93675
proprietary freestanding organization or a unit of such an agency	93676
or organization that:	93677

(a) Provides preventive, diagnostic, therapeutic,	93678
rehabilitative, or palliative items or services furnished to an	93679
outpatient or ambulatory patient, by or under the direction of a	93680
physician or dentist in a facility which is not a part of a	93681
hospital, but which is organized and operated to provide medical	93682
care to outpatients;	93683

(b) Has health and medical care policies which are developed	93684
with the advice of, and with the provision of review of such	93685
policies, an advisory committee of professional personnel,	93686
including one or more physicians, one or more dentists, if dental	93687
care is provided, and one or more registered nurses;	93688

(c) Has a medical director, a dental director, if dental care	93689
is provided, and a nursing director responsible for the execution	93690
of such policies, and has physicians, dentists, nursing, and	93691
ancillary staff appropriate to the scope of services provided;	93692

(d) Requires that the health care and medical care of every	93693
patient be under the supervision of a physician, provides for	93694
medical care in a case of emergency, has in effect a written	93695
agreement with one or more hospitals and other centers or clinics,	93696
and has an established patient referral system to other resources,	93697
and a utilization review plan and program;	93698

(e) Maintains clinical records on all patients;

93699

(f) Provides nursing services and other therapeutic services	93700
in accordance with programs and policies, with such services	93701
supervised by a registered professional nurse, and has a	93702
registered professional nurse on duty at all times of clinical	93703
operations;	93704

(g) Provides approved methods and procedures for the	93705
dispensing and administration of drugs and biologicals;	93706

(h) Has established an accounting and record keeping system	93707
to determine reasonable and allowable costs;	93708

(i) "Ambulatory health facilities" also includes an	93709
alcoholism treatment facility approved by the joint commission on	93710
accreditation of healthcare organizations as an alcoholism	93711
treatment facility or certified by the department of alcohol and	93712
drug addiction services, and such facility shall comply with other	93713
provisions of this division not inconsistent with such	93714
accreditation or certification.	93715

(3) "Community mental health facility" means a facility which	93716
provides community mental health services and is included in the	93717
comprehensive mental health plan for the alcohol, drug addiction,	93718
and mental health service district in which it is located.	93719

(4) "Community mental health service" means services, other	93720
than inpatient services, provided by a community mental health	93721
facility.	93722

(5) "Home health agency" means an institution or a distinct	93723
part of an institution operated in this state which:	93724

(a) Is primarily engaged in providing home health services;

93725

(b) Has home health policies which are established by a group	93726
of professional personnel, including one or more duly licensed	93727
doctors of medicine or osteopathy and one or more registered	93728
professional nurses, to govern the home health services it	93729
provides and which includes a requirement that every patient must	93730
be under the care of a duly licensed doctor of medicine or	93731
osteopathy;	93732

(c) Is under the supervision of a duly licensed doctor of	93733
medicine or doctor of osteopathy or a registered professional	93734
nurse who is responsible for the execution of such home health	93735
policies;	93736

(d) Maintains comprehensive records on all patients;

93737

(e) Is operated by the state, a political subdivision, or an	93738
agency of either, or is operated not for profit in this state and	93739
is licensed or registered, if required, pursuant to law by the	93740
appropriate department of the state, county, or municipality in	93741
which it furnishes services; or is operated for profit in this	93742
state, meets all the requirements specified in divisions (A)(5)(a)	93743
to (d) of this section, and is certified under Title XVIII of the	93744
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	93745
amended.	93746

(6) "Home health service" means the following items and	93747
services, provided, except as provided in division (A)(6)(g) of	93748
this section, on a visiting basis in a place of residence used as	93749
the patient's home:	93750

(a) Nursing care provided by or under the supervision of a	93751
registered professional nurse;	93752

(b) Physical, occupational, or speech therapy ordered by the	93753
patient's attending physician;	93754

(c) Medical social services performed by or under the	93755
supervision of a qualified medical or psychiatric social worker	93756
and under the direction of the patient's attending physician;	93757

(d) Personal health care of the patient performed by aides in	93758
accordance with the orders of a doctor of medicine or osteopathy	93759
and under the supervision of a registered professional nurse;	93760

(e) Medical supplies and the use of medical appliances;

93761

(f) Medical services of interns and residents-in-training	93762
under an approved teaching program of a nonprofit hospital and	93763
under the direction and supervision of the patient's attending	93764
physician;	93765

(g) Any of the foregoing items and services which:

93766

(i) Are provided on an outpatient basis under arrangements	93767
made by the home health agency at a hospital or skilled nursing	93768
facility;	93769

(ii) Involve the use of equipment of such a nature that the	93770
items and services cannot readily be made available to the patient	93771
in the patient's place of residence, or which are furnished at the	93772
hospital or skilled nursing facility while the patient is there to	93773
receive any item or service involving the use of such equipment.	93774

Any attorney, physician, osteopath, podiatrist, chiropractor,	93775
dentist, psychologist, any employee of a hospital as defined in	93776
section 3701.01 of the Revised Code, any nurse licensed under	93777
Chapter 4723. of the Revised Code, any employee of an ambulatory	93778
health facility, any employee of a home health agency, any	93779
employee of an adult care facility as defined in section ~~3722.01~~	93780
5119.70 of the Revised Code, any employee of a nursing home,	93781
residential care facility, or home for the aging, as defined in	93782
section 3721.01 of the Revised Code, any senior service provider,	93783
any peace officer, coroner, clergyman, any employee of a community	93784
mental health facility, and any person engaged in social work or	93785
counseling having reasonable cause to believe that an adult is	93786
being abused, neglected, or exploited, or is in a condition which	93787
is the result of abuse, neglect, or exploitation shall immediately	93788
report such belief to the county department of job and family	93789
services. This section does not apply to employees of any hospital	93790
or public hospital as defined in section 5122.01 of the Revised	93791
Code.	93792

(B) Any person having reasonable cause to believe that an	93793
adult has suffered abuse, neglect, or exploitation may report, or	93794
cause reports to be made of such belief to the department.	93795

(C) The reports made under this section shall be made orally	93796
or in writing except that oral reports shall be followed by a	93797
written report if a written report is requested by the department.	93798
Written reports shall include:	93799

(1) The name, address, and approximate age of the adult who	93800
is the subject of the report;	93801

(2) The name and address of the individual responsible for	93802
the adult's care, if any individual is, and if the individual is	93803
known;	93804

(3) The nature and extent of the alleged abuse, neglect, or	93805
exploitation of the adult;	93806

(4) The basis of the reporter's belief that the adult has	93807
been abused, neglected, or exploited.	93808

(D) Any person with reasonable cause to believe that an adult	93809
is suffering abuse, neglect, or exploitation who makes a report	93810
pursuant to this section or who testifies in any administrative or	93811
judicial proceeding arising from such a report, or any employee of	93812
the state or any of its subdivisions who is discharging	93813
responsibilities under section 5101.62 of the Revised Code shall	93814
be immune from civil or criminal liability on account of such	93815
investigation, report, or testimony, except liability for perjury,	93816
unless the person has acted in bad faith or with malicious	93817
purpose.	93818

(E) No employer or any other person with the authority to do	93819
so shall discharge, demote, transfer, prepare a negative work	93820
performance evaluation, or reduce benefits, pay, or work	93821
privileges, or take any other action detrimental to an employee or	93822
in any way retaliate against an employee as a result of the	93823
employee's having filed a report under this section.	93824

(F) Neither the written or oral report provided for in this	93825
section nor the investigatory report provided for in section	93826
5101.62 of the Revised Code shall be considered a public record as	93827
defined in section 149.43 of the Revised Code. Information	93828
contained in the report shall upon request be made available to	93829
the adult who is the subject of the report, to agencies authorized	93830
by the department to receive information contained in the report,	93831
and to legal counsel for the adult.	93832

Sec. 5101.98. (A) There is hereby created in the state	93833
treasury the military injury relief fund, which shall consist of	93834
money contributed to it under section 5747.113 of the Revised	93835
Code, of incentive grants authorized by the "Jobs for Veterans	93836
Act," 116 Stat. 2033 (2002), and of contributions made directly to	93837
it. Any person or entity may contribute directly to the fund in	93838
addition to or independently of the income tax refund contribution	93839
system established in section 5747.113 of the Revised Code.	93840

(B) Upon application, the director of job and family services	93841
shall grant money in the fund to individuals injured while in	93842
active service as a member of the armed forces of the United	93843
States while serving under operation Iraqi freedom, operation new	93844
dawn, or operation enduring freedom and to individuals diagnosed	93845
with post-traumatic stress disorder while serving, or after having	93846
served, in operation Iraqi freedom, operation new dawn, or	93847
operation enduring freedom.	93848

(C) An individual who receives a grant under this section is	93849
precluded from receiving additional grants under this section	93850
during the same state fiscal year but is not precluded from being	93851
considered for or receiving other assistance offered by the	93852
department of job and family services.	93853

(D) The director shall adopt rules under Chapter 119. of the	93854
Revised Code establishing:	93855

(1) Forms and procedures by which individuals may apply for a	93856
grant under this section;	93857

(2) Criteria for reviewing, evaluating, and approving or	93858
denying grant applications;	93859

(3) Criteria for determining the amount of grants awarded	93860
under this section;	93861

(4) Definitions and standards applicable to determining	93862
whether an individual meets the requirements established in	93863
division (B) of this section;	93864

(5) The process for appealing eligibility determinations; and

93865

(6) Any other rules necessary to administer the grant program	93866
established in this section.	93867

(E) An eligibility determination, a grant approval, or a	93868
grant denial made under this section may not be appealed under	93869
Chapter 119., section 5101.35, or any other provision of the	93870
Revised Code.	93871

Sec. 5104.01. As used in this chapter:

93872

(A) "Administrator" means the person responsible for the	93873
daily operation of a center or type A home. The administrator and	93874
the owner may be the same person.	93875

(B) "Approved child day camp" means a child day camp approved	93876
pursuant to section 5104.22 of the Revised Code.	93877

(C) "Authorized provider" means a person authorized by a	93878
county director of job and family services to operate a certified	93879
type B family day-care home.	93880

(D) "Border state child care provider" means a child care	93881
provider that is located in a state bordering Ohio and that is	93882
licensed, certified, or otherwise approved by that state to	93883
provide child care.	93884

(E) "Career pathways model" means an alternative pathway to	93885
meeting the requirements for a child care staff member or	93886
administrator that uses one framework to integrate the pathways of	93887
formal education, training, experience, and specialized	93888
credentials, and certifications, and that allows the member or	93889
administrator to achieve a designation as an early childhood	93890
professional level one, two, three, four, five, or six.	93891

(F) "Caretaker parent" means the father or mother of a child	93892
whose presence in the home is needed as the caretaker of the	93893
child, a person who has legal custody of a child and whose	93894
presence in the home is needed as the caretaker of the child, a	93895
guardian of a child whose presence in the home is needed as the	93896
caretaker of the child, and any other person who stands in loco	93897
parentis with respect to the child and whose presence in the home	93898
is needed as the caretaker of the child.	93899

~~(F)~~(G) "Certified type B family day-care home" and "certified	93900
type B home" mean a type B family day-care home that is certified	93901
by the director of the county department of job and family	93902
services pursuant to section 5104.11 of the Revised Code to	93903
receive public funds for providing child care pursuant to this	93904
chapter and any rules adopted under it.	93905

~~(G)~~(H) "Chartered nonpublic school" means a school that meets	93906
standards for nonpublic schools prescribed by the state board of	93907
education for nonpublic schools pursuant to section 3301.07 of the	93908
Revised Code.	93909

~~(H)~~(I) "Child" includes an infant, toddler, preschool child,	93910
or school child.	93911

~~(I)~~(J) "Child care block grant act" means the "Child Care and	93912
Development Block Grant Act of 1990," established in section 5082	93913
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	93914
1388-236 (1990), 42 U.S.C. 9858, as amended.	93915

~~(J)~~(K) "Child day camp" means a program in which only school	93916
children attend or participate, that operates for no more than	93917
seven hours per day, that operates only during one or more public	93918
school district's regular vacation periods or for no more than	93919
fifteen weeks during the summer, and that operates outdoor	93920
activities for each child who attends or participates in the	93921
program for a minimum of fifty per cent of each day that children	93922
attend or participate in the program, except for any day when	93923
hazardous weather conditions prevent the program from operating	93924
outdoor activities for a minimum of fifty per cent of that day.	93925
For purposes of this division, the maximum seven hours of	93926
operation time does not include transportation time from a child's	93927
home to a child day camp and from a child day camp to a child's	93928
home.	93929

~~(K)~~(L) "Child care" means administering to the needs of	93930
infants, toddlers, preschool children, and school children outside	93931
of school hours by persons other than their parents or guardians,	93932
custodians, or relatives by blood, marriage, or adoption for any	93933
part of the twenty-four-hour day in a place or residence other	93934
than a child's own home.	93935

~~(L)~~(M) "Child day-care center" and "center" mean any place in	93936
which child care or publicly funded child care is provided for	93937
thirteen or more children at one time or any place that is not the	93938
permanent residence of the licensee or administrator in which	93939
child care or publicly funded child care is provided for seven to	93940
twelve children at one time. In counting children for the purposes	93941
of this division, any children under six years of age who are	93942
related to a licensee, administrator, or employee and who are on	93943
the premises of the center shall be counted. "Child day-care	93944
center" and "center" do not include any of the following:	93945

(1) A place located in and operated by a hospital, as defined	93946
in section 3727.01 of the Revised Code, in which the needs of	93947
children are administered to, if all the children whose needs are	93948
being administered to are monitored under the on-site supervision	93949
of a physician licensed under Chapter 4731. of the Revised Code or	93950
a registered nurse licensed under Chapter 4723. of the Revised	93951
Code, and the services are provided only for children who, in the	93952
opinion of the child's parent, guardian, or custodian, are	93953
exhibiting symptoms of a communicable disease or other illness or	93954
are injured;	93955

(2) A child day camp;

93956

(3) A place that provides child care, but not publicly funded	93957
child care, if all of the following apply:	93958

(a) An organized religious body provides the child care;

93959

(b) A parent, custodian, or guardian of at least one child	93960
receiving child care is on the premises and readily accessible at	93961
all times;	93962

(c) The child care is not provided for more than thirty days	93963
a year;	93964

(d) The child care is provided only for preschool and school	93965
children.	93966

~~(M)~~(N) "Child care resource and referral service	93967
organization" means a community-based nonprofit organization that	93968
provides child care resource and referral services but not child	93969
care.	93970

~~(N)~~(O) "Child care resource and referral services" means all	93971
of the following services:	93972

(1) Maintenance of a uniform data base of all child care	93973
providers in the community that are in compliance with this	93974
chapter, including current occupancy and vacancy data;	93975

(2) Provision of individualized consumer education to	93976
families seeking child care;	93977

(3) Provision of timely referrals of available child care	93978
providers to families seeking child care;	93979

(4) Recruitment of child care providers;

93980

(5) Assistance in the development, conduct, and dissemination	93981
of training for child care providers and provision of technical	93982
assistance to current and potential child care providers,	93983
employers, and the community;	93984

(6) Collection and analysis of data on the supply of and	93985
demand for child care in the community;	93986

(7) Technical assistance concerning locally, state, and	93987
federally funded child care and early childhood education	93988
programs;	93989

(8) Stimulation of employer involvement in making child care	93990
more affordable, more available, safer, and of higher quality for	93991
their employees and for the community;	93992

(9) Provision of written educational materials to caretaker	93993
parents and informational resources to child care providers;	93994

(10) Coordination of services among child care resource and	93995
referral service organizations to assist in developing and	93996
maintaining a statewide system of child care resource and referral	93997
services if required by the department of job and family services;	93998

(11) Cooperation with the county department of job and family	93999
services in encouraging the establishment of parent cooperative	94000
child care centers and parent cooperative type A family day-care	94001
homes.	94002

~~(O)~~(P) "Child-care staff member" means an employee of a child	94003
day-care center or type A family day-care home who is primarily	94004
responsible for the care and supervision of children. The	94005
administrator may be a part-time child-care staff member when not	94006
involved in other duties.	94007

~~(P)~~(Q) "Drop-in child day-care center," "drop-in center,"	94008
"drop-in type A family day-care home," and "drop-in type A home"	94009
mean a center or type A home that provides child care or publicly	94010
funded child care for children on a temporary, irregular basis.	94011

~~(Q)~~(R) "Employee" means a person who either:

94012

(1) Receives compensation for duties performed in a child	94013
day-care center or type A family day-care home;	94014

(2) Is assigned specific working hours or duties in a child	94015
day-care center or type A family day-care home.	94016

~~(R)~~(S) "Employer" means a person, firm, institution,	94017
organization, or agency that operates a child day-care center or	94018
type A family day-care home subject to licensure under this	94019
chapter.	94020

~~(S)~~(T) "Federal poverty line" means the official poverty	94021
guideline as revised annually in accordance with section 673(2) of	94022
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	94023
U.S.C. 9902, as amended, for a family size equal to the size of	94024
the family of the person whose income is being determined.	94025

~~(T)~~(U) "Head start program" means a comprehensive child	94026
development program that receives funds distributed under the	94027
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	94028
amended, and is licensed as a child day-care center.	94029

~~(U)~~(V) "Income" means gross income, as defined in section	94030
5107.10 of the Revised Code, less any amounts required by federal	94031
statutes or regulations to be disregarded.	94032

~~(V)~~(W) "Indicator checklist" means an inspection tool, used	94033
in conjunction with an instrument-based program monitoring	94034
information system, that contains selected licensing requirements	94035
that are statistically reliable indicators or predictors of a	94036
child day-care center or type A family day-care home's compliance	94037
with licensing requirements.	94038

~~(W)~~(X) "Infant" means a child who is less than eighteen	94039
months of age.	94040

~~(X)~~(Y) "In-home aide" means a person who does not reside with	94041
the child but provides care in the child's home and is certified	94042
by a county director of job and family services pursuant to	94043
section 5104.12 of the Revised Code to provide publicly funded	94044
child care to a child in a child's own home pursuant to this	94045
chapter and any rules adopted under it.	94046

~~(Y)~~(Z) "Instrument-based program monitoring information	94047
system" means a method to assess compliance with licensing	94048
requirements for child day-care centers and type A family day-care	94049
homes in which each licensing requirement is assigned a weight	94050
indicative of the relative importance of the requirement to the	94051
health, growth, and safety of the children that is used to develop	94052
an indicator checklist.	94053

~~(Z)~~(AA) "License capacity" means the maximum number in each	94054
age category of children who may be cared for in a child day-care	94055
center or type A family day-care home at one time as determined by	94056
the director of job and family services considering building	94057
occupancy limits established by the department of commerce, ~~number~~	94058
~~of available child-care staff members,~~ amount of available indoor	94059
floor space and outdoor play space, and amount of available play	94060
equipment, materials, and supplies. For the purposes of a	94061
provisional license issued under this chapter, the director shall	94062
also consider the number of available child-care staff members	94063
when determining "license capacity" for the provisional license.	94064

~~(AA)~~(BB) "Licensed preschool program" or "licensed school	94065
child program" means a preschool program or school child program,	94066
as defined in section 3301.52 of the Revised Code, that is	94067
licensed by the department of education pursuant to sections	94068
3301.52 to 3301.59 of the Revised Code.	94069

~~(BB)~~(CC) "Licensee" means the owner of a child day-care	94070
center or type A family day-care home that is licensed pursuant to	94071
this chapter and who is responsible for ensuring its compliance	94072
with this chapter and rules adopted pursuant to this chapter.	94073

~~(CC)~~(DD) "Operate a child day camp" means to operate,	94074
establish, manage, conduct, or maintain a child day camp.	94075

~~(DD)~~(EE) "Owner" includes a person, as defined in section	94076
1.59 of the Revised Code, or government entity.	94077

~~(EE)~~(FF) "Parent cooperative child day-care center," "parent	94078
cooperative center," "parent cooperative type A family day-care	94079
home," and "parent cooperative type A home" mean a corporation or	94080
association organized for providing educational services to the	94081
children of members of the corporation or association, without	94082
gain to the corporation or association as an entity, in which the	94083
services of the corporation or association are provided only to	94084
children of the members of the corporation or association,	94085
ownership and control of the corporation or association rests	94086
solely with the members of the corporation or association, and at	94087
least one parent-member of the corporation or association is on	94088
the premises of the center or type A home during its hours of	94089
operation.	94090

~~(FF)~~(GG) "Part-time child day-care center," "part-time	94091
center," "part-time type A family day-care home," and "part-time	94092
type A home" mean a center or type A home that provides child care	94093
or publicly funded child care for no more than four hours a day	94094
for any child.	94095

~~(GG)~~(HH) "Place of worship" means a building where activities	94096
of an organized religious group are conducted and includes the	94097
grounds and any other buildings on the grounds used for such	94098
activities.	94099

~~(HH)~~(II) "Preschool child" means a child who is three years	94100
old or older but is not a school child.	94101

~~(II)~~(JJ) "Protective child care" means publicly funded child	94102
care for the direct care and protection of a child to whom either	94103
of the following applies:	94104

(1) A case plan prepared and maintained for the child	94105
pursuant to section 2151.412 of the Revised Code indicates a need	94106
for protective care and the child resides with a parent,	94107
stepparent, guardian, or another person who stands in loco	94108
parentis as defined in rules adopted under section 5104.38 of the	94109
Revised Code;	94110

(2) The child and the child's caretaker either temporarily	94111
reside in a facility providing emergency shelter for homeless	94112
families or are determined by the county department of job and	94113
family services to be homeless, and are otherwise ineligible for	94114
publicly funded child care.	94115

~~(JJ)~~(KK) "Publicly funded child care" means administering to	94116
the needs of infants, toddlers, preschool children, and school	94117
children under age thirteen during any part of the	94118
twenty-four-hour day by persons other than their caretaker parents	94119
for remuneration wholly or in part with federal or state funds,	94120
including funds available under the child care block grant act,	94121
Title IV-A, and Title XX, distributed by the department of job and	94122
family services.	94123

~~(KK)~~(LL) "Religious activities" means any of the following:	94124
worship or other religious services; religious instruction; Sunday	94125
school classes or other religious classes conducted during or	94126
prior to worship or other religious services; youth or adult	94127
fellowship activities; choir or other musical group practices or	94128
programs; meals; festivals; or meetings conducted by an organized	94129
religious group.	94130

~~(LL)~~(MM) "School child" means a child who is enrolled in or	94131
is eligible to be enrolled in a grade of kindergarten or above but	94132
is less than fifteen years old.	94133

~~(MM)~~(NN) "School child day-care center," "school child	94134
center," "school child type A family day-care home," and "school	94135
child type A family home" mean a center or type A home that	94136
provides child care for school children only and that does either	94137
or both of the following:	94138

(1) Operates only during that part of the day that	94139
immediately precedes or follows the public school day of the	94140
school district in which the center or type A home is located;	94141

(2) Operates only when the public schools in the school	94142
district in which the center or type A home is located are not	94143
open for instruction with pupils in attendance.	94144

~~(NN)~~(OO) "Serious risk noncompliance" means a licensure or	94145
certification rule violation that leads to a great risk of harm	94146
to, or death of, a child, and is observable, not inferable.	94147

(PP) "State median income" means the state median income	94148
calculated by the department of development pursuant to division	94149
(A)(1)(g) of section 5709.61 of the Revised Code.	94150

~~(OO)~~(QQ) "Title IV-A" means Title IV-A of the "Social	94151
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	94152

~~(PP)~~(RR) "Title XX" means Title XX of the "Social Security	94153
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	94154

~~(QQ)~~(SS) "Toddler" means a child who is at least eighteen	94155
months of age but less than three years of age.	94156

~~(RR)~~(TT) "Type A family day-care home" and "type A home" mean	94157
a permanent residence of the administrator in which child care or	94158
publicly funded child care is provided for seven to twelve	94159
children at one time or a permanent residence of the administrator	94160
in which child care is provided for four to twelve children at one	94161
time if four or more children at one time are under two years of	94162
age. In counting children for the purposes of this division, any	94163
children under six years of age who are related to a licensee,	94164
administrator, or employee and who are on the premises of the type	94165
A home shall be counted. "Type A family day-care home" and "type A	94166
home" do not include any child day camp.	94167

~~(SS)~~(UU) "Type B family day-care home" and "type B home" mean	94168
a permanent residence of the provider in which child care is	94169
provided for one to six children at one time and in which no more	94170
than three children are under two years of age at one time. In	94171
counting children for the purposes of this division, any children	94172
under six years of age who are related to the provider and who are	94173
on the premises of the type B home shall be counted. "Type B	94174
family day-care home" and "type B home" do not include any child	94175
day camp.	94176

Sec. 5104.011. (A) The director of job and family services	94177
shall adopt rules pursuant to Chapter 119. of the Revised Code	94178
governing the operation of child day-care centers, including, but	94179
not limited to, parent cooperative centers, part-time centers,	94180
drop-in centers, and school child centers, which rules shall	94181
reflect the various forms of child care and the needs of children	94182
receiving child care or publicly funded child care and shall	94183
include specific rules for school child care centers that are	94184
developed in consultation with the department of education. The	94185
rules shall not require an existing school facility that is in	94186
compliance with applicable building codes to undergo an additional	94187
building code inspection or to have structural modifications. The	94188
rules shall include the following:	94189

(1) Submission of a site plan and descriptive plan of	94190
operation to demonstrate how the center proposes to meet the	94191
requirements of this chapter and rules adopted pursuant to this	94192
chapter for the initial license application;	94193

(2) Standards for ensuring that the physical surroundings of	94194
the center are safe and sanitary including, but not limited to,	94195
the physical environment, the physical plant, and the equipment of	94196
the center;	94197

(3) Standards for the supervision, care, and discipline of	94198
children receiving child care or publicly funded child care in the	94199
center;	94200

(4) Standards for a program of activities, and for play	94201
equipment, materials, and supplies, to enhance the development of	94202
each child; however, any educational curricula, philosophies, and	94203
methodologies that are developmentally appropriate and that	94204
enhance the social, emotional, intellectual, and physical	94205
development of each child shall be permissible. As used in this	94206
division, "program" does not include instruction in religious or	94207
moral doctrines, beliefs, or values that is conducted at child	94208
day-care centers owned and operated by churches and does include	94209
methods of disciplining children at child day-care centers.	94210

(5) Admissions policies and procedures, health care policies	94211
and procedures, including, but not limited to, procedures for the	94212
isolation of children with communicable diseases, first aid and	94213
emergency procedures, procedures for discipline and supervision of	94214
children, standards for the provision of nutritious meals and	94215
snacks, and procedures for screening children and employees,	94216
~~including, but not limited to,~~that may include any necessary	94217
physical examinations and immunizations;	94218

(6) Methods for encouraging parental participation in the	94219
center and methods for ensuring that the rights of children,	94220
parents, and employees are protected and that responsibilities of	94221
parents and employees are met;	94222

(7) Procedures for ensuring the safety and adequate	94223
supervision of children traveling off the premises of the center	94224
while under the care of a center employee;	94225

(8) Procedures for record keeping, organization, and	94226
administration;	94227

(9) Procedures for issuing, ~~renewing,~~ denying, and revoking a	94228
license that are not otherwise provided for in Chapter 119. of the	94229
Revised Code;	94230

(10) Inspection procedures;

94231

(11) Procedures and standards for setting initial ~~and renewal~~	94232
license application fees;	94233

(12) Procedures for receiving, recording, and responding to	94234
complaints about centers;	94235

(13) Procedures for enforcing section 5104.04 of the Revised	94236
Code;	94237

(14) A standard requiring the inclusion, on and after July 1,	94238
1987, of a current department of job and family services toll-free	94239
telephone number on each center provisional license or license	94240
which any person may use to report a suspected violation by the	94241
center of this chapter or rules adopted pursuant to this chapter;	94242

(15) Requirements for the training of administrators and	94243
child-care staff members in first aid, in prevention, recognition,	94244
and management of communicable diseases, and in child abuse	94245
recognition and prevention. Training requirements for child	94246
day-care centers adopted under this division shall be consistent	94247
with divisions (B)(6) and (C)(1) of this section.	94248

(16) ~~Procedures to be used by licensees for checking the~~	94249
~~references of potential employees of centers and procedures to be~~	94250
~~used by the director for checking the references of applicants for~~	94251
~~licenses to operate centers;~~	94252

~~(17)~~ Standards providing for the special needs of children	94253
who are handicapped or who require treatment for health conditions	94254
while the child is receiving child care or publicly funded child	94255
care in the center;	94256

~~(18)~~(17) A procedure for reporting of injuries of children	94257
that occur at the center;	94258

~~(19)~~(18) Any other procedures and standards necessary to	94259
carry out this chapter.	94260

(B)(1) The child day-care center shall have, for each child	94261
for whom the center is licensed, at least thirty-five square feet	94262
of usable indoor floor space wall-to-wall regularly available for	94263
the child care operation exclusive of any parts of the structure	94264
in which the care of children is prohibited by law or by rules	94265
adopted by the board of building standards. The minimum of	94266
thirty-five square feet of usable indoor floor space shall not	94267
include hallways, kitchens, storage areas, or any other areas that	94268
are not available for the care of children, as determined by the	94269
director, in meeting the space requirement of this division, and	94270
bathrooms shall be counted in determining square footage only if	94271
they are used exclusively by children enrolled in the center,	94272
except that the exclusion of hallways, kitchens, storage areas,	94273
bathrooms not used exclusively by children enrolled in the center,	94274
and any other areas not available for the care of children from	94275
the minimum of thirty-five square feet of usable indoor floor	94276
space shall not apply to:	94277

(a) Centers licensed prior to or on September 1, 1986, that	94278
continue under licensure after that date;	94279

(b) Centers licensed prior to or on September 1, 1986, that	94280
are issued a new license after that date solely due to a change of	94281
ownership of the center.	94282

(2) The child day-care center shall have on the site a safe	94283
outdoor play space which is enclosed by a fence or otherwise	94284
protected from traffic or other hazards. The play space shall	94285
contain not less than sixty square feet per child using such space	94286
at any one time, and shall provide an opportunity for supervised	94287
outdoor play each day in suitable weather. The director may exempt	94288
a center from the requirement of this division, if an outdoor play	94289
space is not available and if all of the following are met:	94290

(a) The center provides an indoor recreation area that has	94291
not less than sixty square feet per child using the space at any	94292
one time, that has a minimum of one thousand four hundred forty	94293
square feet of space, and that is separate from the indoor space	94294
required under division (B)(1) of this section.	94295

(b) The director has determined that there is regularly	94296
available and scheduled for use a conveniently accessible and safe	94297
park, playground, or similar outdoor play area for play or	94298
recreation.	94299

(c) The children are closely supervised during play and while	94300
traveling to and from the area.	94301

The director also shall exempt from the requirement of this	94302
division a child day-care center that was licensed prior to	94303
September 1, 1986, if the center received approval from the	94304
director prior to September 1, 1986, to use a park, playground, or	94305
similar area, not connected with the center, for play or	94306
recreation in lieu of the outdoor space requirements of this	94307
section and if the children are closely supervised both during	94308
play and while traveling to and from the area and except if the	94309
director determines upon investigation and inspection pursuant to	94310
section 5104.04 of the Revised Code and rules adopted pursuant to	94311
that section that the park, playground, or similar area, as well	94312
as access to and from the area, is unsafe for the children.	94313

(3) The child day-care center shall have at least two	94314
responsible adults available on the premises at all times when	94315
seven or more children are in the center. The center shall	94316
organize the children in the center in small groups, shall provide	94317
child-care staff to give continuity of care and supervision to the	94318
children on a day-by-day basis, and shall ensure that no child is	94319
left alone or unsupervised. Except as otherwise provided in	94320
division (E) of this section, the maximum number of children per	94321
child-care staff member and maximum group size, by age category of	94322
children, are as follows:	94323

	Maximum Number of		94324
	Children Per	Maximum	94325
Age Category	Child-Care	Group	94326
of Children	Staff Member	Size	94327
(a) Infants:			94328
(i) Less than twelve			94329
months old	5:1, or		94330
	12:2 if two		94331
	child-care		94332
	staff members		94333
	are in the room	12	94334
(ii) At least twelve			94335
months old, but			94336
less than eighteen			94337
months old	6:1	12	94338
(b) Toddlers:			94339
(i) At least eighteen			94340
months old, but			94341
less than thirty			94342
months old	7:1	14	94343
(ii) At least thirty months			94344
old, but less than			94345
three years old	8:1	16	94346
(c) Preschool			94347
children:			94348
(i) Three years old	12:1	24	94349
(ii) Four years old and			94350
five years old who			94351
are not school			94352
children	14:1	28	94353
(d) School children:			94354
(i) A child who is			94355
enrolled in or is			94356
eligible to be			94357
enrolled in a grade			94358
of kindergarten			94359
or above, but			94360
is less than			94361
eleven years old	18:1	36	94362
(ii) Eleven through fourteen			94363
years old	20:1	40	94364

Except as otherwise provided in division (E) of this section,	94365
the maximum number of children per child-care staff member and	94366
maximum group size requirements of the younger age group shall	94367
apply when age groups are combined.	94368

(4)(a) The child day-care center administrator shall show the	94369
director both of the following:	94370

(i) Evidence of at least high school graduation or	94371
certification of high school equivalency by the state board of	94372
education or the appropriate agency of another state;	94373

(ii) Evidence of having completed at least two years of	94374
training in an accredited college, university, or technical	94375
college, including courses in child development or early childhood	94376
education, or at least two years of experience in supervising and	94377
giving daily care to children attending an organized group	94378
program, or the equivalent based on a designation as an "early	94379
childhood professional level three" under the career pathways	94380
model of the quality-rating program established under section	94381
5104.30 of the Revised Code.	94382

(b) In addition to the requirements of division (B)(4)(a) of	94383
this section and except as provided in division (B)(4)(c) of this	94384
section, any administrator employed or designated ~~on or after~~	94385
~~September 1, 1986,~~as such prior to the effective date of this	94386
section, as amended, shall show evidence of~~, and any administrator~~	94387
~~employed or designated prior to September 1, 1986, shall show~~	94388
~~evidence~~at least one of the following within six years after ~~such~~	94389
the date of~~, at least one of the following~~employment or	94390
designation:	94391

(i) Two years of experience working as a child-care staff	94392
member in a center and at least four courses in child development	94393
or early childhood education from an accredited college,	94394
university, or technical college, except that a person who has two	94395
years of experience working as a child-care staff member in a	94396
particular center and who has been promoted to or designated as	94397
administrator of that center shall have one year from the time the	94398
person was promoted to or designated as administrator to complete	94399
the required four courses;	94400

(ii) Two years of training, including at least four courses	94401
in child development or early childhood education from an	94402
accredited college, university, or technical college;	94403

(iii) A child development associate credential issued by the	94404
national child development associate credentialing commission;	94405

(iv) An associate or higher degree in child development or	94406
early childhood education from an accredited college, technical	94407
college, or university, or a license designated for teaching in an	94408
associate teaching position in a preschool setting issued by the	94409
state board of education.	94410

(c) For the purposes of division (B)(4)(b) of this section,	94411
any administrator employed or designated as such prior to the	94412
effective date of this section, as amended, may also show evidence	94413
of an administrator's credential as approved by the department of	94414
job and family services in lieu of, or in addition to, the	94415
evidence required under division (B)(4)(b) of this section. The	94416
evidence of an administrator's credential must be shown to the	94417
director not later than one year after the date of employment or	94418
designation.	94419

(d) In addition to the requirements of division (B)(4)(a) of	94420
this section, any administrator employed or designated as such on	94421
or after the effective date of this section, as amended, shall	94422
show evidence of at least one of the following not later than one	94423
year after the date of employment or designation:	94424

(i) Two years of experience working as a child-care staff	94425
member in a center and at least four courses in child development	94426
or early childhood education from an accredited college,	94427
university, or technical college, except that a person who has two	94428
years of experience working as a child-care staff member in a	94429
particular center and who has been promoted to or designated as	94430
administrator of that center shall have one year from the time the	94431
person was promoted to or designated as administrator to complete	94432
the required four courses;	94433

(ii) Two years of training, including at least four courses	94434
in child development or early childhood education from an	94435
accredited college, university, or technical college;	94436

(iii) A child development associate credential issued by the	94437
national child development associate credentialing commission;	94438

(iv) An associate or higher degree in child development or	94439
early childhood education from an accredited college, technical	94440
college, or university, or a license designated for teaching in an	94441
associate teaching position in a preschool setting issued by the	94442
state board of education;	94443

(v) An administrator's credential as approved by the	94444
department of job and family services.	94445

(5) All child-care staff members of a child day-care center	94446
shall be at least eighteen years of age, and shall furnish the	94447
director evidence of at least high school graduation or	94448
certification of high school equivalency by the state board of	94449
education or the appropriate agency of another state or evidence	94450
of completion of a training program approved by the department of	94451
job and family services or state board of education, except as	94452
follows:	94453

(a) A child-care staff member may be less than eighteen years	94454
of age if the staff member is either of the following:	94455

(i) A graduate of a two-year vocational child-care training	94456
program approved by the state board of education;	94457

(ii) A student enrolled in the second year of a vocational	94458
child-care training program approved by the state board of	94459
education which leads to high school graduation, provided that the	94460
student performs the student's duties in the child day-care center	94461
under the continuous supervision of an experienced child-care	94462
staff member, receives periodic supervision from the vocational	94463
child-care training program teacher-coordinator in the student's	94464
high school, and meets all other requirements of this chapter and	94465
rules adopted pursuant to this chapter.	94466

(b) A child-care staff member shall be exempt from the	94467
educational requirements of this division if the staff member:	94468

(i) Prior to January 1, 1972, was employed or designated by a	94469
child day-care center and has been continuously employed since	94470
either by the same child day-care center employer or at the same	94471
child day-care center; or	94472

(ii) Is a student enrolled in the second year of a vocational	94473
child-care training program approved by the state board of	94474
education which leads to high school graduation, provided that the	94475
student performs the student's duties in the child day-care center	94476
under the continuous supervision of an experienced child-care	94477
staff member, receives periodic supervision from the vocational	94478
child-care training program teacher-coordinator in the student's	94479
high school, and meets all other requirements of this chapter and	94480
rules adopted pursuant to this chapter;	94481

(iii) Is receiving or has completed the final year of	94482
instruction at home as authorized under section 3321.04 of the	94483
Revised Code or has graduated from a nonchartered, nonpublic	94484
school in Ohio.	94485

(6) Every child care staff member of a child day-care center	94486
annually shall complete fifteen hours of inservice training in	94487
child development or early childhood education, child abuse	94488
recognition and prevention, first aid, and in prevention,	94489
recognition, and management of communicable diseases, until a	94490
total of forty-five hours of training has been completed, unless	94491
the staff member furnishes one of the following to the director:	94492

(a) Evidence of an associate or higher degree in child	94493
development or early childhood education from an accredited	94494
college, university, or technical college;	94495

(b) A license designated for teaching in an associate	94496
teaching position in a preschool setting issued by the state board	94497
of education;	94498

94499

(d) Evidence of a preprimary credential from the American	94500
Montessori society or the association Montessori internationale.	94501
For the purposes of division (B)(6) of this section, "hour" means	94502
sixty minutes.	94503

~~(7) The administrator of each child day-care center shall~~	94504
~~prepare at least once annually and for each group of children at~~	94505
~~the center a roster of names and telephone numbers of parents,~~	94506
~~custodians, or guardians of each group of children attending the~~	94507
~~center and upon request shall furnish the roster for each group to~~	94508
~~the parents, custodians, or guardians of the children in that~~	94509
~~group. The administrator may prepare a roster of names and~~	94510
~~telephone numbers of all parents, custodians, or guardians of~~	94511
~~children attending the center and upon request shall furnish the~~	94512
~~roster to the parents, custodians, or guardians of the children~~	94513
~~who attend the center. The administrator shall not include in any~~	94514
~~roster the name or telephone number of any parent, custodian, or~~	94515
~~guardian who requests the administrator not to include the~~	94516
~~parent's, custodian's, or guardian's name or number and shall not~~	94517
~~furnish any roster to any person other than a parent, custodian,~~	94518
~~or guardian of a child who attends the center.~~	94519

(C)(1) Each child day-care center shall have on the center	94520
premises and readily available at all times at least one	94521
child-care staff member who has completed a course in first aid	94522
~~and~~, one staff member who has completed a course in prevention,	94523
recognition, and management of communicable diseases which is	94524
approved by the state department of health, and a staff member who	94525
has completed a course in child abuse recognition and prevention	94526
training which is approved by the department of job and family	94527
services.	94528

(2) The administrator of each child day-care center shall	94529
maintain enrollment, health, and attendance records for all	94530
children attending the center and health and employment records	94531
for all center employees. The records shall be confidential,	94532
~~except as otherwise provided in division (B)(7) of this section~~	94533
~~and~~ except that they shall be disclosed by the administrator to	94534
the director upon request for the purpose of administering and	94535
enforcing this chapter and rules adopted pursuant to this chapter.	94536
Neither the center nor the licensee, administrator, or employees	94537
of the center shall be civilly or criminally liable in damages or	94538
otherwise for records disclosed to the director by the	94539
administrator pursuant to this division. It shall be a defense to	94540
any civil or criminal charge based upon records disclosed by the	94541
administrator to the director that the records were disclosed	94542
pursuant to this division.	94543

(3)(a) Any parent who is the residential parent and legal	94544
custodian of a child enrolled in a child day-care center and any	94545
custodian or guardian of such a child shall be permitted unlimited	94546
access to the center during its hours of operation for the	94547
purposes of contacting their children, evaluating the care	94548
provided by the center, evaluating the premises of the center, or	94549
for other purposes approved by the director. A parent of a child	94550
enrolled in a child day-care center who is not the child's	94551
residential parent shall be permitted unlimited access to the	94552
center during its hours of operation for those purposes under the	94553
same terms and conditions under which the residential parent of	94554
that child is permitted access to the center for those purposes.	94555
However, the access of the parent who is not the residential	94556
parent is subject to any agreement between the parents and, to the	94557
extent described in division (C)(3)(b) of this section, is subject	94558
to any terms and conditions limiting the right of access of the	94559
parent who is not the residential parent, as described in division	94560
(I) of section 3109.051 of the Revised Code, that are contained in	94561
a parenting time order or decree issued under that section,	94562
section 3109.12 of the Revised Code, or any other provision of the	94563
Revised Code.	94564

(b) If a parent who is the residential parent of a child has	94565
presented the administrator or the administrator's designee with a	94566
copy of a parenting time order that limits the terms and	94567
conditions under which the parent who is not the residential	94568
parent is to have access to the center, as described in division	94569
(I) of section 3109.051 of the Revised Code, the parent who is not	94570
the residential parent shall be provided access to the center only	94571
to the extent authorized in the order. If the residential parent	94572
has presented such an order, the parent who is not the residential	94573
parent shall be permitted access to the center only in accordance	94574
with the most recent order that has been presented to the	94575
administrator or the administrator's designee by the residential	94576
parent or the parent who is not the residential parent.	94577

(c) Upon entering the premises pursuant to division (C)(3)(a)	94578
or (b) of this section, the parent who is the residential parent	94579
and legal custodian, the parent who is not the residential parent,	94580
or the custodian or guardian shall notify the administrator or the	94581
administrator's designee of the parent's, custodian's, or	94582
guardian's presence.	94583

(D) The director of job and family services, in addition to	94584
the rules adopted under division (A) of this section, shall adopt	94585
rules establishing minimum requirements for child day-care	94586
centers. The rules shall include, but not be limited to, the	94587
requirements set forth in divisions (B) and (C) of this section.	94588
Except as provided in section 5104.07 of the Revised Code, the	94589
rules shall not change the square footage requirements of division	94590
(B)(1) or (2) of this section; the maximum number of children per	94591
child-care staff member and maximum group size requirements of	94592
division (B)(3) of this section; the educational and experience	94593
requirements of division (B)(4) of this section; the age,	94594
educational, and experience requirements of division (B)(5) of	94595
this section; the number and type of inservice training hours	94596
required under division (B)(6) of this section; ~~or the requirement~~	94597
~~for at least annual preparation of a roster for each group of~~	94598
~~children of names and telephone numbers of parents, custodians, or~~	94599
~~guardians of each group of children attending the center that must~~	94600
~~be furnished upon request to any parent, custodian, or guardian of~~	94601
~~any child in that group required under division (B)(7) of this~~	94602
~~section;~~ however, the rules shall provide procedures for	94603
determining compliance with those requirements.	94604

(E)(1) When age groups are combined, the maximum number of	94605
children per child-care staff member shall be determined by the	94606
age of the youngest child in the group, except that when no more	94607
than one child thirty months of age or older receives services in	94608
a group in which all the other children are in the next older age	94609
group, the maximum number of children per child-care staff member	94610
and maximum group size requirements of the older age group	94611
established under division (B)(3) of this section shall apply.	94612

(2) The maximum number of toddlers or preschool children per	94613
child-care staff member in a room where children are napping shall	94614
be twice the maximum number of children per child-care staff	94615
member established under division (B)(3) of this section if all	94616
the following criteria are met:	94617

(a) At least one child-care staff member is present in the	94618
room.	94619

(b) Sufficient child-care staff members are on the child	94620
day-care center premises to meet the maximum number of children	94621
per child-care staff member requirements established under	94622
division (B)(3) of this section.	94623

(c) Naptime preparations are complete and all napping	94624
children are resting or sleeping on cots.	94625

(d) The maximum number established under division (E)(2) of	94626
this section is in effect for no more than ~~one and one-half~~two	94627
hours during a twenty-four-hour day.	94628

(F) The director of job and family services shall adopt rules	94629
pursuant to Chapter 119. of the Revised Code governing the	94630
operation of type A family day-care homes, including, but not	94631
limited to, parent cooperative type A homes, part-time type A	94632
homes, drop-in type A homes, and school child type A homes, which	94633
shall reflect the various forms of child care and the needs of	94634
children receiving child care. The rules shall include the	94635
following:	94636

(1) Submission of a site plan and descriptive plan of	94637
operation to demonstrate how the type A home proposes to meet the	94638
requirements of this chapter and rules adopted pursuant to this	94639
chapter for the initial license application;	94640

(2) Standards for ensuring that the physical surroundings of	94641
the type A home are safe and sanitary, including, but not limited	94642
to, the physical environment, the physical plant, and the	94643
equipment of the type A home;	94644

(3) Standards for the supervision, care, and discipline of	94645
children receiving child care or publicly funded child care in the	94646
type A home;	94647

(4) Standards for a program of activities, and for play	94648
equipment, materials, and supplies, to enhance the development of	94649
each child; however, any educational curricula, philosophies, and	94650
methodologies that are developmentally appropriate and that	94651
enhance the social, emotional, intellectual, and physical	94652
development of each child shall be permissible;	94653

(5) Admissions policies and procedures, health care policies	94654
and procedures, including, but not limited to, procedures for the	94655
isolation of children with communicable diseases, first aid and	94656
emergency procedures, procedures for discipline and supervision of	94657
children, standards for the provision of nutritious meals and	94658
snacks, and procedures for screening children and employees,	94659
including, but not limited to, any necessary physical examinations	94660
and immunizations;	94661

(6) Methods for encouraging parental participation in the	94662
type A home and methods for ensuring that the rights of children,	94663
parents, and employees are protected and that the responsibilities	94664
of parents and employees are met;	94665

(7) Procedures for ensuring the safety and adequate	94666
supervision of children traveling off the premises of the type A	94667
home while under the care of a type A home employee;	94668

(8) Procedures for record keeping, organization, and	94669
administration;	94670

(9) Procedures for issuing, ~~renewing,~~ denying, and revoking a	94671
license that are not otherwise provided for in Chapter 119. of the	94672
Revised Code;	94673

(10) Inspection procedures;

94674

(11) Procedures and standards for setting initial ~~and renewal~~	94675
license application fees;	94676

(12) Procedures for receiving, recording, and responding to	94677
complaints about type A homes;	94678

(13) Procedures for enforcing section 5104.04 of the Revised	94679
Code;	94680

(14) A standard requiring the inclusion, on or after July 1,	94681
1987, of a current department of job and family services toll-free	94682
telephone number on each type A home provisional license or	94683
license which any person may use to report a suspected violation	94684
by the type A home of this chapter or rules adopted pursuant to	94685
this chapter;	94686

(15) Requirements for the training of administrators and	94687
child-care staff members in first aid, in prevention, recognition,	94688
and management of communicable diseases, and in child abuse	94689
recognition and prevention;	94690

(16) ~~Procedures to be used by licensees for checking the~~	94691
~~references of potential employees of type A homes and procedures~~	94692
~~to be used by the director for checking the references of~~	94693
~~applicants for licenses to operate type A homes;~~	94694

~~(17)~~ Standards providing for the special needs of children	94695
who are handicapped or who require treatment for health conditions	94696
while the child is receiving child care or publicly funded child	94697
care in the type A home;	94698

~~(18)~~(17) Standards for the maximum number of children per	94699
child-care staff member;	94700

~~(19)~~(18) Requirements for the amount of usable indoor floor	94701
space for each child;	94702

~~(20)~~(19) Requirements for safe outdoor play space;

94703

~~(21)~~(20) Qualifications and training requirements for	94704
administrators and for child-care staff members;	94705

~~(22)~~(21) Procedures for granting a parent who is the	94706
residential parent and legal custodian, or a custodian or guardian	94707
access to the type A home during its hours of operation;	94708

~~(23)~~(22) Standards for the preparation and distribution of a	94709
roster of parents, custodians, and guardians;	94710

~~(24)~~(23) Any other procedures and standards necessary to	94711
carry out this chapter.	94712

(G) The director of job and family services shall adopt rules	94713
pursuant to Chapter 119. of the Revised Code governing the	94714
certification of type B family day-care homes.	94715

(1) The rules shall include all of the following:

94716

(a) Procedures, standards, and other necessary provisions for	94717
granting limited certification to type B family day-care homes	94718
that are operated by the following adult providers:	94719

(i) Persons who provide child care for eligible children who	94720
are great-grandchildren, grandchildren, nieces, nephews, or	94721
siblings of the provider or for eligible children whose caretaker	94722
parent is a grandchild, child, niece, nephew, or sibling of the	94723
provider;	94724

(ii) Persons who provide child care for eligible children all	94725
of whom are the children of the same caretaker parent;	94726

(b) Procedures for the director to ensure, that type B homes	94727
that receive a limited certification provide child care to	94728
children in a safe and sanitary manner;	94729

(c) Requirements for the type B home to notify parents with	94730
children in the type B home that the type B home is also certified	94731
as a foster home under section 5103.03 of the Revised Code.	94732

With regard to providers who apply for limited certification,	94733
a provider shall be granted a provisional limited certification on	94734
signing a declaration under oath attesting that the provider meets	94735
the standards for limited certification. Such provisional limited	94736
certifications shall remain in effect for no more than sixty	94737
calendar days and shall entitle the provider to offer publicly	94738
funded child care during the provisional period. Except as	94739
otherwise provided in division (G)(1) of this section, section	94740
5104.013 or 5104.09 of the Revised Code, or division (A)(2) of	94741
section 5104.11 of the Revised Code, prior to the expiration of	94742
the provisional limited certificate, a county department of job	94743
and family services shall inspect the home and shall grant limited	94744
certification to the provider if the provider meets the	94745
requirements of this division. Limited certificates remain valid	94746
for two years unless earlier revoked. Except as otherwise provided	94747
in division (G)(1) of this section, providers operating under	94748
limited certification shall be inspected annually.	94749

If a provider is a person described in division (G)(1)(a)(i)	94750
of this section or a person described in division (G)(1)(a)(ii) of	94751
this section who is a friend of the caretaker parent, the provider	94752
and the caretaker parent may verify in writing to the county	94753
department of job and family services that minimum health and	94754
safety requirements are being met in the home. Except as otherwise	94755
provided in section 5104.013 or 5104.09 or in division (A)(2) of	94756
section 5104.11 of the Revised Code, if such verification is	94757
provided, the county shall waive any inspection required by this	94758
chapter and grant limited certification to the provider.	94759

(2) The rules shall provide for safeguarding the health,	94760
safety, and welfare of children receiving child care or publicly	94761
funded child care in a certified type B home and shall include the	94762
following:	94763

(a) Standards for ensuring that the type B home and the	94764
physical surroundings of the type B home are safe and sanitary,	94765
including, but not limited to, physical environment, physical	94766
plant, and equipment;	94767

(b) Standards for the supervision, care, and discipline of	94768
children receiving child care or publicly funded child care in the	94769
home;	94770

(c) Standards for a program of activities, and for play	94771
equipment, materials, and supplies to enhance the development of	94772
each child; however, any educational curricula, philosophies, and	94773
methodologies that are developmentally appropriate and that	94774
enhance the social, emotional, intellectual, and physical	94775
development of each child shall be permissible;	94776

(d) Admission policies and procedures, health care, first aid	94777
and emergency procedures, procedures for the care of sick	94778
children, procedures for discipline and supervision of children,	94779
nutritional standards, and procedures for screening children and	94780
authorized providers, including, but not limited to, any necessary	94781
physical examinations and immunizations;	94782

(e) Methods of encouraging parental participation and	94783
ensuring that the rights of children, parents, and authorized	94784
providers are protected and the responsibilities of parents and	94785
authorized providers are met;	94786

(f) Standards for the safe transport of children when under	94787
the care of authorized providers;	94788

(g) Procedures for issuing, renewing, denying, refusing to	94789
renew, or revoking certificates;	94790

(h) Procedures for the inspection of type B homes that	94791
require, at a minimum, that each type B home be inspected prior to	94792
certification to ensure that the home is safe and sanitary;	94793

(i) Procedures for record keeping and evaluation;

94794

(j) Procedures for receiving, recording, and responding to	94795
complaints;	94796

(k) Standards providing for the special needs of children who	94797
are handicapped or who receive treatment for health conditions	94798
while the child is receiving child care or publicly funded child	94799
care in the type B home;	94800

(l) Requirements for the amount of usable indoor floor space	94801
for each child;	94802

(m) Requirements for safe outdoor play space;

94803

(n) Qualification and training requirements for authorized	94804
providers;	94805

(o) Procedures for granting a parent who is the residential	94806
parent and legal custodian, or a custodian or guardian access to	94807
the type B home during its hours of operation;	94808

(p) Requirements for the type B home to notify parents with	94809
children in the type B home that the type B home is also certified	94810
as a foster home under section 5103.03 of the Revised Code;	94811

(q) Any other procedures and standards necessary to carry out	94812
this chapter.	94813

(H) The director shall adopt rules pursuant to Chapter 119.	94814
of the Revised Code governing the certification of in-home aides.	94815
The rules shall include procedures, standards, and other necessary	94816
provisions for granting limited certification to in-home aides who	94817
provide child care for eligible children who are	94818
great-grandchildren, grandchildren, nieces, nephews, or siblings	94819
of the in-home aide or for eligible children whose caretaker	94820
parent is a grandchild, child, niece, nephew, or sibling of the	94821
in-home aide. The rules shall require, and shall include	94822
procedures for the director to ensure, that in-home aides that	94823
receive a limited certification provide child care to children in	94824
a safe and sanitary manner. The rules shall provide for	94825
safeguarding the health, safety, and welfare of children receiving	94826
publicly funded child care in their own home and shall include the	94827
following:	94828

(1) Standards for ensuring that the child's home and the	94829
physical surroundings of the child's home are safe and sanitary,	94830
including, but not limited to, physical environment, physical	94831
plant, and equipment;	94832

(2) Standards for the supervision, care, and discipline of	94833
children receiving publicly funded child care in their own home;	94834

(3) Standards for a program of activities, and for play	94835
equipment, materials, and supplies to enhance the development of	94836
each child; however, any educational curricula, philosophies, and	94837
methodologies that are developmentally appropriate and that	94838
enhance the social, emotional, intellectual, and physical	94839
development of each child shall be permissible;	94840

(4) Health care, first aid, and emergency procedures,	94841
procedures for the care of sick children, procedures for	94842
discipline and supervision of children, nutritional standards, and	94843
procedures for screening children and in-home aides, including,	94844
but not limited to, any necessary physical examinations and	94845
immunizations;	94846

(5) Methods of encouraging parental participation and	94847
ensuring that the rights of children, parents, and in-home aides	94848
are protected and the responsibilities of parents and in-home	94849
aides are met;	94850

(6) Standards for the safe transport of children when under	94851
the care of in-home aides;	94852

(7) Procedures for issuing, renewing, denying, refusing to	94853
renew, or revoking certificates;	94854

(8) Procedures for inspection of homes of children receiving	94855
publicly funded child care in their own homes;	94856

(9) Procedures for record keeping and evaluation;

94857

(10) Procedures for receiving, recording, and responding to	94858
complaints;	94859

(11) Qualifications and training requirements for in-home	94860
aides;	94861

(12) Standards providing for the special needs of children	94862
who are handicapped or who receive treatment for health conditions	94863
while the child is receiving publicly funded child care in the	94864
child's own home;	94865

(13) Any other procedures and standards necessary to carry	94866
out this chapter.	94867

(I) To the extent that any rules adopted for the purposes of	94868
this section require a health care professional to perform a	94869
physical examination, the rules shall include as a health care	94870
professional a physician assistant, a clinical nurse specialist, a	94871
certified nurse practitioner, or a certified nurse-midwife.	94872

(J)(1) The director of job and family services shall do all	94873
of the following:	94874

(a) Provide or make available in either paper or electronic	94875
form to each licensee notice of proposed rules governing the	94876
licensure of child day-care centers and type A homes;	94877

(b) Give public notice of hearings regarding the rules to	94878
each licensee at least thirty days prior to the date of the public	94879
hearing, in accordance with section 119.03 of the Revised Code;	94880

(c) At least thirty days before the effective date of a rule,	94881
provide, in either paper or electronic form, a copy of the adopted	94882
rule to each licensee.	94883

(2) The director shall do all of the following:

94884

(a) Send to each county director of job and family services a	94885
notice of proposed rules governing the certification of type B	94886
family homes and in-home aides that includes an internet web site	94887
address where the proposed rules can be viewed;	94888

(b) Give public notice of hearings regarding the proposed	94889
rules not less than thirty days in advance;	94890

(c) Provide to each county director of job and family	94891
services an electronic copy of each adopted rule at least	94892
forty-five days prior to the rule's effective date.	94893

(3) The county director of job and family services shall	94894
provide or make available in either paper or electronic form to	94895
each authorized provider and in-home aide copies of proposed rules	94896
and shall give public notice of hearings regarding the rules to	94897
each authorized provider and in-home aide at least thirty days	94898
prior to the date of the public hearing, in accordance with	94899
section 119.03 of the Revised Code. At least thirty days before	94900
the effective date of a rule, the county director of job and	94901
family services shall provide, in either paper or electronic form,	94902
copies of the adopted rule to each authorized provider and in-home	94903
aide.	94904

(4) Additional copies of proposed and adopted rules shall be	94905
made available by the director of job and family services to the	94906
public on request at no charge.	94907

(5) The director of job and family services ~~shall recommend~~	94908
~~standards~~may adopt rules pursuant to Chapter 119. of the Revised	94909
Code for imposing sanctions on persons and entities that are	94910
licensed or certified under this chapter ~~and that violate any~~	94911
~~provision of this chapter~~. Sanctions may be imposed only for an	94912
action or omission that constitutes a serious risk noncompliance.	94913
The ~~standards~~sanctions imposed shall be based on the scope and	94914
severity of the violations. ~~The director shall provide copies of~~	94915
~~the recommendations to the governor, the speaker and minority~~	94916
~~leader of the house of representatives, and the president and~~	94917
~~minority leader of the senate and, on request, shall make copies~~	94918
~~available to the public~~	94919

The director shall make a dispute resolution process	94920
available for the implementation of sanctions. The process may	94921
include an opportunity for appeal pursuant to Chapter 119. of the	94922
Revised Code.	94923

(6) The director of job and family services shall adopt rules	94924
pursuant to Chapter 119. of the Revised Code that establish	94925
standards for the training of individuals whom any county	94926
department of job and family services employs, with whom any	94927
county department of job and family services contracts, or with	94928
whom the director of job and family services contracts, to inspect	94929
or investigate type B family day-care homes pursuant to section	94930
5104.11 of the Revised Code. The department shall provide training	94931
in accordance with those standards for individuals in the	94932
categories described in this division.	94933

(K) The director of job and family services shall review all	94934
rules adopted pursuant to this chapter at least once every seven	94935
years.	94936

(L) Notwithstanding any provision of the Revised Code, the	94937
director of job and family services shall not regulate in any way	94938
under this chapter or rules adopted pursuant to this chapter,	94939
instruction in religious or moral doctrines, beliefs, or values.	94940

Sec. 5104.012. (A)(1) At the times specified in this	94941
division, the administrator of a child day-care center or a type A	94942
family day-care home shall request the superintendent of the	94943
bureau of criminal identification and investigation to conduct a	94944
criminal records check with respect to any applicant who has	94945
applied to the center or type A home for employment as a person	94946
responsible for the care, custody, or control of a child.	94947

The administrator shall request a criminal records check	94948
pursuant to this division at the time of the applicant's initial	94949
application for employment and every four years thereafter ~~at the~~	94950
~~time of a license renewal~~. When the administrator requests	94951
pursuant to this division a criminal records check for an	94952
applicant at the time of the applicant's initial application for	94953
employment, the administrator shall request that the	94954
superintendent obtain information from the federal bureau of	94955
investigation as a part of the criminal records check for the	94956
applicant, including fingerprint-based checks of national crime	94957
information databases as described in 42 U.S.C. 671, for the	94958
person subject to the criminal records check. In all other cases	94959
in which the administrator requests a criminal records check for	94960
an applicant pursuant to this division, the administrator may	94961
request that the superintendent include information from the	94962
federal bureau of investigation in the criminal records check,	94963
including fingerprint-based checks of national crime information	94964
databases as described in 42 U.S.C. 671.	94965

(2) A person required by division (A)(1) of this section to	94966
request a criminal records check shall provide to each applicant a	94967
copy of the form prescribed pursuant to division (C)(1) of section	94968
109.572 of the Revised Code, provide to each applicant a standard	94969
impression sheet to obtain fingerprint impressions prescribed	94970
pursuant to division (C)(2) of section 109.572 of the Revised	94971
Code, obtain the completed form and impression sheet from each	94972
applicant, and forward the completed form and impression sheet to	94973
the superintendent of the bureau of criminal identification and	94974
investigation at the time the person requests a criminal records	94975
check pursuant to division (A)(1) of this section. On and after	94976
~~the effective date of this amendment~~August 14, 2008, the	94977
administrator of a child day-care center or a type A family	94978
day-care home shall review the results of the criminal records	94979
check before the applicant has sole responsibility for the care,	94980
custody, or control of any child.	94981

(3) An applicant who receives pursuant to division (A)(2) of	94982
this section a copy of the form prescribed pursuant to division	94983
(C)(1) of section 109.572 of the Revised Code and a copy of an	94984
impression sheet prescribed pursuant to division (C)(2) of that	94985
section and who is requested to complete the form and provide a	94986
set of fingerprint impressions shall complete the form or provide	94987
all the information necessary to complete the form and shall	94988
provide the impression sheet with the impressions of the	94989
applicant's fingerprints. If an applicant, upon request, fails to	94990
provide the information necessary to complete the form or fails to	94991
provide impressions of the applicant's fingerprints, the center or	94992
type A home shall not employ that applicant for any position for	94993
which a criminal records check is required by division (A)(1) of	94994
this section.	94995

(B)(1) Except as provided in rules adopted under division (E)	94996
of this section, no child day-care center or type A family	94997
day-care home shall employ or contract with another entity for the	94998
services of a person as a person responsible for the care,	94999
custody, or control of a child if the person previously has been	95000
convicted of or pleaded guilty to any of the violations described	95001
in division (A)(9) of section 109.572 of the Revised Code.	95002

(2) A child day-care center or type A family day-care home	95003
may employ an applicant conditionally until the criminal records	95004
check required by this section is completed and the center or home	95005
receives the results of the criminal records check. If the results	95006
of the criminal records check indicate that, pursuant to division	95007
(B)(1) of this section, the applicant does not qualify for	95008
employment, the center or home shall release the applicant from	95009
employment.	95010

(C)(1) Each child day-care center and type A family day-care	95011
home shall pay to the bureau of criminal identification and	95012
investigation the fee prescribed pursuant to division (C)(3) of	95013
section 109.572 of the Revised Code for each criminal records	95014
check conducted in accordance with that section upon the request	95015
pursuant to division (A)(1) of this section of the administrator	95016
or provider of the center or home.	95017

(2) A child day-care center and type A family day-care home	95018
may charge an applicant a fee for the costs it incurs in obtaining	95019
a criminal records check under this section. A fee charged under	95020
this division shall not exceed the amount of fees the center or	95021
home pays under division (C)(1) of this section. If a fee is	95022
charged under this division, the center or home shall notify the	95023
applicant at the time of the applicant's initial application for	95024
employment of the amount of the fee and that, unless the fee is	95025
paid, the center or type A home will not consider the applicant	95026
for employment.	95027

(D) The report of any criminal records check conducted by the	95028
bureau of criminal identification and investigation in accordance	95029
with section 109.572 of the Revised Code and pursuant to a request	95030
under division (A)(1) of this section is not a public record for	95031
the purposes of section 149.43 of the Revised Code and shall not	95032
be made available to any person other than the applicant who is	95033
the subject of the criminal records check or the applicant's	95034
representative; the center or type A home requesting the criminal	95035
records check or its representative; the department of job and	95036
family services or a county department of job and family services;	95037
and any court, hearing officer, or other necessary individual	95038
involved in a case dealing with the denial of employment to the	95039
applicant.	95040

(E) The director of job and family services shall adopt rules	95041
pursuant to Chapter 119. of the Revised Code to implement this	95042
section, including rules specifying circumstances under which a	95043
center or home may hire a person who has been convicted of an	95044
offense listed in division (B)(1) of this section but who meets	95045
standards in regard to rehabilitation set by the department.	95046

(F) Any person required by division (A)(1) of this section to	95047
request a criminal records check shall inform each person, at the	95048
time of the person's initial application for employment, that the	95049
person is required to provide a set of impressions of the person's	95050
fingerprints and that a criminal records check is required to be	95051
conducted and satisfactorily completed in accordance with section	95052
109.572 of the Revised Code if the person comes under final	95053
consideration for appointment or employment as a precondition to	95054
employment for that position.	95055

(G) As used in this section:

95056

(1) "Applicant" means a person who is under final	95057
consideration for appointment to or employment in a position with	95058
a child day-care center or a type A family day-care home as a	95059
person responsible for the care, custody, or control of a child;	95060
an in-home aide certified pursuant to section 5104.12 of the	95061
Revised Code; or any person who would serve in any position with a	95062
child day-care center or a type A family day-care home as a person	95063
responsible for the care, custody, or control of a child pursuant	95064
to a contract with another entity.	95065

(2) "Criminal records check" has the same meaning as in	95066
section 109.572 of the Revised Code.	95067

Sec. 5104.013. (A)(1) At the times specified in division	95068
(A)(3) of this section, the director of job and family services,	95069
as part of the process of licensure of child day-care centers and	95070
type A family day-care homes, shall request the superintendent of	95071
the bureau of criminal identification and investigation to conduct	95072
a criminal records check with respect to the following persons:	95073

(a) Any owner, licensee, or administrator of a child day-care	95074
center;	95075

(b) Any owner, licensee, or administrator of a type A family	95076
day-care home and any person eighteen years of age or older who	95077
resides in a type A family day-care home.	95078

(2) At the times specified in division (A)(3) of this	95079
section, the director of a county department of job and family	95080
services, as part of the process of certification of type B family	95081
day-care homes, shall request the superintendent of the bureau of	95082
criminal identification and investigation to conduct a criminal	95083
records check with respect to any authorized provider of a	95084
certified type B family day-care home and any person eighteen	95085
years of age or older who resides in a certified type B family	95086
day-care home.	95087

(3) The director of job and family services shall request a	95088
criminal records check pursuant to division (A)(1) of this section	95089
at the time of the initial application for licensure and every	95090
four years thereafter ~~at the time of a license renewal~~. The	95091
director of a county department of job and family services shall	95092
request a criminal records check pursuant to division (A)(2) of	95093
this section at the time of the initial application for	95094
certification and every four years thereafter at the time of a	95095
certification renewal. When the director of job and family	95096
services or the director of a county department of job and family	95097
services requests pursuant to division (A)(1) or (2) of this	95098
section a criminal records check for a person at the time of the	95099
person's initial application for licensure or certification, the	95100
director shall request that the superintendent of the bureau of	95101
criminal identification and investigation obtain information from	95102
the federal bureau of investigation as a part of the criminal	95103
records check for the person, including fingerprint-based checks	95104
of national crime information databases as described in 42 U.S.C.	95105
671 for the person subject to the criminal records check. In all	95106
other cases in which the director of job and family services or	95107
the director of a county department of job and family services	95108
requests a criminal records check for an applicant pursuant to	95109
division (A)(1) or (2) of this section, the director may request	95110
that the superintendent include information from the federal	95111
bureau of investigation in the criminal records check, including	95112
fingerprint-based checks of national crime information databases	95113
as described in 42 U.S.C. 671.	95114

(4) The director of job and family services shall review the	95115
results of a criminal records check subsequent to a request made	95116
pursuant to divisions (A)(1) and (3) of this section prior to	95117
approval of a license. The director of a county department of job	95118
and family services shall review the results of a criminal records	95119
check subsequent to a request made pursuant to divisions (A)(2)	95120
and (3) of this section prior to approval of certification.	95121

(B) The director of job and family services or the director	95122
of a county department of job and family services shall provide to	95123
each person for whom a criminal records check is required under	95124
this section a copy of the form prescribed pursuant to division	95125
(C)(1) of section 109.572 of the Revised Code and a standard	95126
impression sheet to obtain fingerprint impressions prescribed	95127
pursuant to division (C)(2) of that section, obtain the completed	95128
form and impression sheet from that person, and forward the	95129
completed form and impression sheet to the superintendent of the	95130
bureau of criminal identification and investigation.	95131

(C) A person who receives pursuant to division (B) of this	95132
section a copy of the form and standard impression sheet described	95133
in that division and who is requested to complete the form and	95134
provide a set of fingerprint impressions shall complete the form	95135
or provide all the information necessary to complete the form and	95136
shall provide the impression sheet with the impressions of the	95137
person's fingerprints. If the person, upon request, fails to	95138
provide the information necessary to complete the form or fails to	95139
provide impressions of the person's fingerprints, the director may	95140
consider the failure as a reason to deny licensure or	95141
certification.	95142

(D) Except as provided in rules adopted under division (G) of	95143
this section, the director of job and family services shall not	95144
grant a license to a child day-care center or type A family	95145
day-care home and a county director of job and family services	95146
shall not certify a type B family day-care home if a person for	95147
whom a criminal records check was required in connection with the	95148
center or home previously has been convicted of or pleaded guilty	95149
to any of the violations described in division (A)(9) of section	95150
109.572 of the Revised Code.	95151

(E) Each child day-care center, type A family day-care home,	95152
and type B family day-care home shall pay to the bureau of	95153
criminal identification and investigation the fee prescribed	95154
pursuant to division (C)(3) of section 109.572 of the Revised Code	95155
for each criminal records check conducted in accordance with that	95156
section upon a request made pursuant to division (A) of this	95157
section.	95158

(F) The report of any criminal records check conducted by the	95159
bureau of criminal identification and investigation in accordance	95160
with section 109.572 of the Revised Code and pursuant to a request	95161
made under division (A) of this section is not a public record for	95162
the purposes of section 149.43 of the Revised Code and shall not	95163
be made available to any person other than the person who is the	95164
subject of the criminal records check or the person's	95165
representative, the director of job and family services, the	95166
director of a county department of job and family services, the	95167
center, type A home, or type B home involved, and any court,	95168
hearing officer, or other necessary individual involved in a case	95169
dealing with a denial of licensure or certification related to the	95170
criminal records check.	95171

(G) The director of job and family services shall adopt rules	95172
pursuant to Chapter 119. of the Revised Code to implement this	95173
section, including rules specifying exceptions to the prohibition	95174
in division (D) of this section for persons who have been	95175
convicted of an offense listed in that division but who meet	95176
standards in regard to rehabilitation set by the department.	95177

(H) As used in this section, "criminal records check" has the	95178
same meaning as in section 109.572 of the Revised Code.	95179

Sec. 5104.03. (A) Any person, firm, organization,	95180
institution, or agency desiring to establish a child day-care	95181
center or type A family day-care home shall apply for a license to	95182
the director of job and family services on such form as the	95183
director prescribes. The director shall provide at no charge to	95184
each applicant for licensure a copy of the child care license	95185
requirements in ~~Chapter 5104. of the Revised Code~~this chapter and	95186
a copy of the rules adopted pursuant to ~~Chapter 5104. of the~~	95187
~~Revised Code~~this chapter. The ~~director shall mail application~~	95188
~~forms for renewal of license at least one hundred twenty days~~	95189
~~prior to the date of expiration of the license, and the~~	95190
~~application for renewal shall be filed with the director at least~~	95191
~~sixty days before the date of expiration. Fees~~copies may be	95192
provided in paper or electronic form.	95193

Fees shall be set by the director pursuant to section	95194
5104.011 of the Revised Code and shall be paid at the time of	95195
application for ~~or renewal of~~ a license to operate a center or	95196
type A home. Fees collected under this section shall be paid into	95197
the state treasury to the credit of the general revenue fund.	95198

(B) Upon filing of the application for a license, the	95199
director shall investigate and inspect the center or type A home	95200
to determine the license capacity for each age category of	95201
children of the center or type A home and to determine whether the	95202
center or type A home complies with ~~Chapter 5104. of the Revised~~	95203
~~Code~~this chapter and rules adopted pursuant to ~~Chapter 5104. of~~	95204
~~the Revised Code~~this chapter. When, after investigation and	95205
inspection, the director is satisfied that ~~Chapter 5104. of the~~	95206
~~Revised Code~~this chapter and rules adopted pursuant to ~~Chapter~~	95207
~~5104. of the Revised Code~~it are complied with, subject to	95208
division (G) of this section, a provisional license shall be	95209
issued as soon as practicable in such form and manner as	95210
prescribed by the director. The provisional license shall be valid	95211
for ~~six~~twelve months from the date of issuance unless revoked.	95212

(C) The director shall investigate and inspect the center or	95213
type A home at least once during operation under the provisional	95214
license. If after the investigation and inspection the director	95215
determines that the requirements of ~~Chapter 5104. of the Revised~~	95216
~~Code~~this chapter and rules adopted pursuant to ~~Chapter 5104. of~~	95217
~~the Revised Code~~this chapter are met, subject to division (G) of	95218
this section, the director shall issue a license to ~~be effective~~	95219
~~for two years from the date of issuance of the provisional license~~	95220
the center or home.	95221

(D) ~~Upon the filing of an application for renewal of a~~	95222
~~license by the center or type A home, the director shall~~	95223
~~investigate and inspect the center or type A home. If the director~~	95224
~~determines that the requirements of Chapter 5104. and rules~~	95225
~~adopted pursuant to Chapter 5104. of the Revised Code are met,~~	95226
~~subject to division (G) of this section, the director shall renew~~	95227
~~the license to be effective for two years from the expiration date~~	95228
~~of the previous license.~~	95229

~~(E)~~ The license or provisional license shall state the name	95230
of the licensee, the name of the administrator, the address of the	95231
center or type A home, and the license capacity for each age	95232
category of children. ~~After July 1, 1987, the~~The license or	95233
provisional license ~~or license~~ shall include thereon, in	95234
accordance with section 5104.011 of the Revised Code, the	95235
toll-free telephone number to be used by persons suspecting that	95236
the center or type A home has violated a provision of ~~Chapter~~	95237
~~5104.,~~this chapter or rules adopted pursuant to ~~Chapter 5104. of~~	95238
~~the Revised Code~~this chapter. A license or provisional license is	95239
valid only for the licensee, administrator, address, and license	95240
capacity for each age category of children designated on the	95241
license. The license capacity specified on the license or	95242
provisional license is the maximum number of children in each age	95243
category that may be cared for in the center or type A home at one	95244
time.	95245

The center or type A home licensee shall notify the director	95246
when the administrator of the center or home changes. The director	95247
shall amend the current license or provisional license to reflect	95248
a change in an administrator, if the administrator meets the	95249
requirements of Chapter 5104. of the Revised Code and rules	95250
adopted pursuant to Chapter 5104. of the Revised Code, or a change	95251
in license capacity for any age category of children as determined	95252
by the director of job and family services.	95253

~~(F)~~(E) If the director revokes athe license ~~or refuses to~~	95254
~~renew a license to~~of a center or a type A home, the director	95255
shall not issue aanother license to the owner of the center or	95256
type A home ~~within two~~until five years have elapsed from the date	95257
of the ~~revocation of a~~ license ~~or refusal to renew a license~~is	95258
revoked. If	95259

If the director denies an application for a license, the	95260
director shall not accept another application from the applicant	95261
until five years have elapsed from the date the application is	95262
denied.	95263

(F) If during the application for licensure ~~or renewal of~~	95264
~~licensure~~ process the director determines that the license of the	95265
owner has been revoked ~~or renewal of licensure has been denied~~,	95266
the investigation of the center or type A home shall cease~~, and~~	95267
~~shall~~. This action does not constitute denial of the application	95268
and may not be appealed under division (G) of this section. ~~All~~	95269

(G) All actions of the director with respect to licensing	95270
centers or type A homes, ~~renewing a license,~~ refusal to license or	95271
~~renew a license~~, and revocation of a license shall be in	95272
accordance with Chapter 119. of the Revised Code. Any applicant	95273
who is denied a license or any owner whose license ~~is not renewed~~	95274
or is revoked may appeal in accordance with section 119.12 of the	95275
Revised Code.	95276

~~(G)~~(H) In no case shall the director issue a license or	95277
provisional license ~~or license, or renew a license,~~ under this	95278
section for a type A home or center if the director, based on	95279
documentation provided by the appropriate county department of job	95280
and family services, determines that the applicant previously had	95281
been certified as a type B family day-care home, that the county	95282
department revoked that certification, that the revocation was	95283
based on the applicant's refusal or inability to comply with the	95284
criteria for certification, and that the refusal or inability	95285
resulted in a risk to the health or safety of children.	95286

Sec. 5104.04. (A) The department of job and family services	95287
shall establish procedures to be followed in investigating,	95288
inspecting, and licensing child day-care centers and type A family	95289
day-care homes.	95290

(B)(1)(a) The department shall, at least once during every	95291
twelve-month period of operation of a center or type A home,	95292
inspect the center or type A home. The department shall inspect a	95293
part-time center or part-time type A home at least once during	95294
every twelve-month period of operation. The department shall	95295
provide a written inspection report to the licensee within a	95296
reasonable time after each inspection. The licensee shall display	95297
all written reports of inspections conducted during the current	95298
licensing period in a conspicuous place in the center or type A	95299
home.	95300

Inspections may be unannounced. No person, firm,	95301
organization, institution, or agency shall interfere with the	95302
inspection of a center or type A home by any state or local	95303
official engaged in performing duties required of the state or	95304
local official by ~~Chapter 5104. of the Revised Code~~this chapter	95305
or rules adopted pursuant to ~~Chapter 5104. of the Revised Code~~	95306
this chapter, including inspecting the center or type A home,	95307
reviewing records, or interviewing licensees, employees, children,	95308
or parents.	95309

(b) Upon receipt of any complaint that a center or type A	95310
home is out of compliance with the requirements of ~~Chapter 5104.~~	95311
~~of the Revised Code~~this chapter or rules adopted pursuant to	95312
~~Chapter 5104. of the Revised Code~~this chapter, the department	95313
shall investigate the center or home, and both of the following	95314
apply:	95315

(i) If the complaint alleges that a child suffered physical	95316
harm while receiving child care at the center or home or that the	95317
noncompliance alleged in the complaint involved, resulted in, or	95318
poses a substantial risk of physical harm to a child receiving	95319
child care at the center or home, the department shall inspect the	95320
center or home.	95321

(ii) If division (B)(1)(b)(i) of this section does not apply	95322
regarding the complaint, the department may inspect the center or	95323
home.	95324

(c) Division (B)(1)(b) of this section does not limit,	95325
restrict, or negate any duty of the department to inspect a center	95326
or type A home that otherwise is imposed under this section, or	95327
any authority of the department to inspect a center or type A home	95328
that otherwise is granted under this section when the department	95329
believes the inspection is necessary and it is permitted under the	95330
grant.	95331

(2) If the department implements an instrument-based program	95332
monitoring information system, it may use an indicator checklist	95333
to comply with division (B)(1) of this section.	95334

(3) The department shall contract with a third party by the	95335
first day of October in each even-numbered year to collect	95336
information concerning the amounts charged by the center or home	95337
for providing child care services for use in establishing	95338
reimbursement ceilings and payment pursuant to section 5104.30 of	95339
the Revised Code. The third party shall compile the information	95340
and report the results of the survey to the department not later	95341
than the first day of December in each even-numbered year.	95342

(C) ~~In the event a licensed center or type A home is~~	95343
~~determined to be out of compliance with the requirements of~~	95344
~~Chapter 5104. of the Revised Code or rules adopted pursuant to~~	95345
~~Chapter 5104. of the Revised Code, the department shall notify the~~	95346
~~licensee of the center or type A home in writing regarding the~~	95347
~~nature of the violation, what must be done to correct the~~	95348
~~violation, and by what date the correction must be made. If the~~	95349
~~correction is not made by the date established by the department,~~	95350
~~the department may commence action under Chapter 119. of the~~	95351
~~Revised Code to revoke the license. The department's commencement~~	95352
~~of an action to revoke the license is sufficient notice that the~~	95353
~~correction has not been made, and no other notice regarding the~~	95354
~~correction is required.~~	95355

~~(D)~~ The department may deny an application or revoke a	95356
license~~, or refuse to renew a license~~ of a center or type A home,	95357
if the applicant knowingly makes a false statement on the	95358
application, the center or home does not comply with the	95359
requirements of ~~Chapter 5104.~~this chapter or rules adopted	95360
pursuant to ~~Chapter 5104. of the Revised Code~~this chapter, or the	95361
applicant or owner has pleaded guilty to or been convicted of an	95362
offense described in section 5104.09 of the Revised Code.	95363

~~(E)~~(D) If the department finds, after notice and hearing	95364
pursuant to Chapter 119. of the Revised Code, that any applicant,	95365
person, firm, organization, institution, or agency applying for	95366
licensure or licensed under section 5104.03 of the Revised Code is	95367
in violation of any provision of ~~Chapter 5104. of the Revised Code~~	95368
this chapter or rules adopted pursuant to ~~Chapter 5104. of the~~	95369
~~Revised Code~~this chapter, the department may issue an order of	95370
denial to the applicant or an order of revocation to the center or	95371
type A home revoking the license previously issued by the	95372
department. Upon the issuance of ~~any~~such an order ~~of revocation~~,	95373
the person whose application is denied or whose license is revoked	95374
may appeal in accordance with section 119.12 of the Revised Code.	95375

~~(F)~~(E) The surrender of a center or type A home license to	95376
the department or the withdrawal of an application for licensure	95377
by the owner or administrator of the center or type A home shall	95378
not prohibit the department from instituting any of the actions	95379
set forth in this section.	95380

~~(G)~~(F) Whenever the department receives a complaint, is	95381
advised, or otherwise has any reason to believe that a center or	95382
type A home is providing child care without a license issued or	95383
~~renewed~~ pursuant to section 5104.03 and is not exempt from	95384
licensing pursuant to section 5104.02 of the Revised Code, the	95385
department shall investigate the center or type A home and may	95386
inspect the areas children have access to or areas necessary for	95387
the care of children in the center or type A home during suspected	95388
hours of operation to determine whether the center or type A home	95389
is subject to the requirements of ~~Chapter 5104.~~this chapter or	95390
rules adopted pursuant to ~~Chapter 5104. of the Revised Code~~this	95391
chapter.	95392

~~(H)~~(G) The department, upon determining that the center or	95393
type A home is operating without a license, shall notify the	95394
attorney general, the prosecuting attorney of the county in which	95395
the center or type A home is located, or the city attorney,	95396
village solicitor, or other chief legal officer of the municipal	95397
corporation in which the center or type A home is located, that	95398
the center or type A home is operating without a license. Upon	95399
receipt of the notification, the attorney general, prosecuting	95400
attorney, city attorney, village solicitor, or other chief legal	95401
officer of a municipal corporation shall file a complaint in the	95402
court of common pleas of the county in which the center or type A	95403
home is located requesting that the court grant an order enjoining	95404
the owner from operating the center or type A home in violation of	95405
section 5104.02 of the Revised Code. The court shall grant such	95406
injunctive relief upon a showing that the respondent named in the	95407
complaint is operating a center or type A home and is doing so	95408
without a license.	95409

~~(I)~~(H) The department shall prepare an annual report on	95410
inspections conducted under this section. The report shall include	95411
the number of inspections conducted, the number and types of	95412
violations found, and the steps taken to address the violations.	95413
The department shall file the report with the governor, the	95414
president and minority leader of the senate, and the speaker and	95415
minority leader of the house of representatives on or before the	95416
first day of January of each year, beginning in 1999.	95417

Sec. 5104.05. (A) The director of job and family services	95418
shall issue a license or provisional license ~~or license or renew a~~	95419
~~license~~ for the operation of a child day-care center, if the	95420
director finds, after investigation of the applicant and	95421
inspection of the center, that other requirements of ~~Chapter 5104.~~	95422
~~of the Revised Code~~this chapter, rules promulgated pursuant to	95423
~~Chapter 5104. of the Revised Code~~this chapter, and the following	95424
requirements are met:	95425

(1) The buildings in which the center is housed, subsequent	95426
to any major modification, have been approved by the department of	95427
commerce or a certified municipal, township, or county building	95428
department for the purpose of operating a child day-care center.	95429
Any structure used for the operation of a center shall be	95430
constructed, equipped, repaired, altered, and maintained in	95431
accordance with applicable provisions of Chapters 3781. and 3791.	95432
of the Revised Code and with regulations adopted by the board of	95433
building standards under Chapter 3781. of the Revised Code and	95434
this division for the safety and sanitation of structures erected	95435
for this purpose.	95436

(2) The state fire marshal or the fire chief or fire	95437
prevention officer of the municipal corporation or township in	95438
which the center is located has inspected the center annually	95439
within the preceding license period and has found the center to be	95440
in compliance with rules promulgated by the fire marshal pursuant	95441
to section 3737.83 of the Revised Code regarding fire prevention	95442
and fire safety in a child day-care center.	95443

(3) The center has received a food service operation license	95444
under Chapter 3717. of the Revised Code if meals are to be served	95445
to children other than children of the licensee or administrator,	95446
whether or not a consideration is received for the meals.	95447

(B) The director of job and family services shall issue a	95448
license or provisional license ~~or license or renew a license~~ for	95449
the operation of a type A family day-care home, if the director	95450
finds, after investigation of the applicant and inspection of the	95451
type A home, that other requirements of ~~Chapter 5104. of the~~	95452
~~Revised Code~~this chapter, rules promulgated pursuant to ~~Chapter~~	95453
~~5104. of the Revised Code~~this chapter, and the following	95454
requirements are met:	95455

(1) The state fire marshal or the fire chief or fire	95456
prevention officer of the municipal corporation or township in	95457
which the type A family day-care home is located has inspected the	95458
type A home annually within the preceding license period and has	95459
found the type A home to be in compliance with rules promulgated	95460
by the fire marshal pursuant to section 3737.83 of the Revised	95461
Code regarding fire prevention and fire safety in a type A home.	95462

(2) The type A home is in compliance with rules set by the	95463
director of job and family services in cooperation with the	95464
director of health pursuant to section 3701.80 of the Revised Code	95465
regarding meal preparation and meal service in the home. The	95466
director of job and family services, in accordance with procedures	95467
recommended by the director of health, shall inspect each type A	95468
home to determine compliance with those rules.	95469

(3) The type A home is in compliance with rules promulgated	95470
by the director of job and family services in cooperation with the	95471
board of building standards regarding safety and sanitation	95472
pursuant to section 3781.10 of the Revised Code.	95473

Sec. 5104.13. ~~No later than July 1, 1998, and at reasonable~~	95474
~~intervals thereafter, the~~The department of job and family	95475
services shall ~~publish~~prepare a guide describing the state	95476
statutes and rules governing the certification of type B family	95477
day-care homes. The department ~~shall distribute~~may publish the	95478
guide ~~to county departments of job and family services in~~	95479
~~sufficient number that a copy is available to each~~electronically	95480
or otherwise and shall do so in a manner that the guide is	95481
accessible to the public, including type B home ~~provider~~	95482
providers.	95483

Sec. 5104.30. (A) The department of job and family services	95484
is hereby designated as the state agency responsible for	95485
administration and coordination of federal and state funding for	95486
publicly funded child care in this state. Publicly funded child	95487
care shall be provided to the following:	95488

(1) Recipients of transitional child care as provided under	95489
section 5104.34 of the Revised Code;	95490

(2) Participants in the Ohio works first program established	95491
under Chapter 5107. of the Revised Code;	95492

(3) Individuals who would be participating in the Ohio works	95493
first program if not for a sanction under section 5107.16 of the	95494
Revised Code and who continue to participate in a work activity,	95495
developmental activity, or alternative work activity pursuant to	95496
an assignment under section 5107.42 of the Revised Code;	95497

(4) A family receiving publicly funded child care on October	95498
1, 1997, until the family's income reaches one hundred fifty per	95499
cent of the federal poverty line;	95500

(5) Subject to available funds, other individuals determined	95501
eligible in accordance with rules adopted under section 5104.38 of	95502
the Revised Code.	95503

The department shall apply to the United States department of	95504
health and human services for authority to operate a coordinated	95505
program for publicly funded child care, if the director of job and	95506
family services determines that the application is necessary. For	95507
purposes of this section, the department of job and family	95508
services may enter into agreements with other state agencies that	95509
are involved in regulation or funding of child care. The	95510
department shall consider the special needs of migrant workers	95511
when it administers and coordinates publicly funded child care and	95512
shall develop appropriate procedures for accommodating the needs	95513
of migrant workers for publicly funded child care.	95514

(B) The department of job and family services shall	95515
distribute state and federal funds for publicly funded child care,	95516
including appropriations of state funds for publicly funded child	95517
care and appropriations of federal funds available under the child	95518
care block grant act, Title IV-A, and Title XX. The department may	95519
use any state funds appropriated for publicly funded child care as	95520
the state share required to match any federal funds appropriated	95521
for publicly funded child care.	95522

(C) In the use of federal funds available under the child	95523
care block grant act, all of the following apply:	95524

(1) The department may use the federal funds to hire staff to	95525
prepare any rules required under this chapter and to administer	95526
and coordinate federal and state funding for publicly funded child	95527
care.	95528

(2) Not more than five per cent of the aggregate amount of	95529
the federal funds received for a fiscal year may be expended for	95530
administrative costs.	95531

(3) The department shall allocate and use at least four per	95532
cent of the federal funds for the following:	95533

(a) Activities designed to provide comprehensive consumer	95534
education to parents and the public;	95535

(b) Activities that increase parental choice;

95536

(c) Activities, including child care resource and referral	95537
services, designed to improve the quality, and increase the	95538
supply, of child care;	95539

(d) Establishing a voluntary child day-care center	95540
quality-rating program in which participation in the program may	95541
allow a child day-care center to be eligible for grants, technical	95542
assistance, training, or other assistance and become eligible for	95543
unrestricted monetary awards for maintaining a quality rating.	95544

(4) The department shall ensure that the federal funds will	95545
be used only to supplement, and will not be used to supplant,	95546
federal, state, and local funds available on the effective date of	95547
the child care block grant act for publicly funded child care and	95548
related programs. If authorized by rules adopted by the department	95549
pursuant to section 5104.42 of the Revised Code, county	95550
departments of job and family services may purchase child care	95551
from funds obtained through any other means.	95552

(D) The department shall encourage the development of	95553
suitable child care throughout the state, especially in areas with	95554
high concentrations of recipients of public assistance and	95555
families with low incomes. The department shall encourage the	95556
development of suitable child care designed to accommodate the	95557
special needs of migrant workers. On request, the department,	95558
through its employees or contracts with state or community child	95559
care resource and referral service organizations, shall provide	95560
consultation to groups and individuals interested in developing	95561
child care. The department of job and family services may enter	95562
into interagency agreements with the department of education, the	95563
board of regents, the department of development, and other state	95564
agencies and entities whenever the cooperative efforts of the	95565
other state agencies and entities are necessary for the department	95566
of job and family services to fulfill its duties and	95567
responsibilities under this chapter.	95568

The department shall develop and maintain a registry of	95569
persons providing child care. The director shall adopt rules	95570
pursuant to Chapter 119. of the Revised Code establishing	95571
procedures and requirements for the registry's administration.	95572

(E)(1) The director shall adopt rules in accordance with	95573
Chapter 119. of the Revised Code establishing both of the	95574
following:	95575

(a) Reimbursement ceilings for providers of publicly funded	95576
child care not later than the first day of July in each	95577
odd-numbered year;	95578

(b) A procedure for reimbursing and paying providers of	95579
publicly funded child care.	95580

(2) In establishing reimbursement ceilings under division	95581
(E)(1)(a) of this section, the director shall do all of the	95582
following:	95583

(a) Use the information obtained under division (B)(3) of	95584
section 5104.04 of the Revised Code;	95585

(b) Establish an enhanced reimbursement ceiling for providers	95586
who provide child care for caretaker parents who work	95587
nontraditional hours;	95588

(c) For a type B family day-care home provider that has	95589
received limited certification pursuant to rules adopted under	95590
division (G)(1) of section 5104.011 of the Revised Code, establish	95591
a reimbursement ceiling that is the following:	95592

(i) If the provider is a person described in division	95593
(G)(1)(a)(i) of section 5104.011 of the Revised Code, seventy-five	95594
per cent of the reimbursement ceiling that applies to a type B	95595
family day-care home certified by the same county department of	95596
job and family services pursuant to section 5104.11 of the Revised	95597
Code;	95598

(ii) If the provider is a person described in division	95599
(G)(1)(a)(ii) of section 5104.011 of the Revised Code, sixty per	95600
cent of the reimbursement ceiling that applies to a type B family	95601
day-care home certified by the same county department pursuant to	95602
section 5104.11 of the Revised Code.	95603

(d) With regard to the voluntary child day-care center	95604
quality-rating program established pursuant to division (C)(3)(d)	95605
of this section, do both of the following:	95606

(i) Establish enhanced reimbursement ceilings for child	95607
day-care centers that participate in the program and maintain	95608
quality ratings under the program;	95609

(ii) Weigh any reduction in reimbursement ceilings more	95610
heavily against child day-care centers that do not participate in	95611
the program or do not maintain quality ratings under the program.	95612

(3) In establishing reimbursement ceilings under division	95613
(E)(1)(a) of this section, the director may establish different	95614
reimbursement ceilings based on any of the following:	95615

(a) Geographic location of the provider;

95616

(b) Type of care provided;

95617

95618

(d) Special needs of the child served;

95619

(e) Whether the expanded hours of service are provided;

95620

(f) Whether weekend service is provided;

95621

(g) Whether the provider has exceeded the minimum	95622
requirements of state statutes and rules governing child care;	95623

(h) Any other factors the director considers appropriate.

95624

(F) The director shall adopt rules in accordance with Chapter	95625
119. of the Revised Code to implement the voluntary child day-care	95626
center quality-rating program described in division (C)(3)(d) of	95627
this section.	95628

Sec. 5104.32. (A) Except as provided in division (C) of this	95629
section, all purchases of publicly funded child care shall be made	95630
under a contract entered into by a licensed child day-care center,	95631
licensed type A family day-care home, certified type B family	95632
day-care home, certified in-home aide, approved child day camp,	95633
licensed preschool program, licensed school child program, or	95634
border state child care provider and the ~~county~~ department of job	95635
and family services. ~~A county department of job and family~~	95636
~~services may enter into a contract with a provider for publicly~~	95637
~~funded child care for a specified period of time or upon a~~	95638
~~continuous basis for an unspecified period of time.~~ All contracts	95639
for publicly funded child care shall be contingent upon the	95640
availability of state and federal funds. The department ~~of job and~~	95641
~~family services~~ shall prescribe a standard form to be used for all	95642
contracts for the purchase of publicly funded child care,	95643
regardless of the source of public funds used to purchase the	95644
child care. To the extent permitted by federal law and	95645
notwithstanding any other provision of the Revised Code that	95646
regulates state ~~or county~~ contracts or contracts involving the	95647
expenditure of state~~, county,~~ or federal funds, all contracts for	95648
publicly funded child care shall be entered into in accordance	95649
with the provisions of this chapter and are exempt from any other	95650
provision of the Revised Code that regulates state ~~or county~~	95651
contracts or contracts involving the expenditure of state~~, county,~~	95652
or federal funds.	95653

(B) Each contract for publicly funded child care shall	95654
specify at least the following:	95655

(1) That the provider of publicly funded child care agrees to	95656
be paid for rendering services at the ~~lowest~~lower of the rate	95657
customarily charged by the provider for children enrolled for	95658
child care,or the reimbursement ceiling or rate of payment	95659
established pursuant to section 5104.30 of the Revised Code~~, or a~~	95660
~~rate the county department negotiates with the provider~~;	95661

(2) That, if a provider provides child care to an individual	95662
potentially eligible for publicly funded child care who is	95663
subsequently determined to be eligible, the ~~county~~ department	95664
agrees to pay for all child care provided between the date the	95665
county department of job and family services receives the	95666
individual's completed application and the date the individual's	95667
eligibility is determined;	95668

(3) Whether the county department of job and family services,	95669
the provider, or a child care resource and referral service	95670
organization will make eligibility determinations, whether the	95671
provider or a child care resource and referral service	95672
organization will be required to collect information to be used by	95673
the county department to make eligibility determinations, and the	95674
time period within which the provider or child care resource and	95675
referral service organization is required to complete required	95676
eligibility determinations or to transmit to the county department	95677
any information collected for the purpose of making eligibility	95678
determinations;	95679

(4) That the provider, other than a border state child care	95680
provider, shall continue to be licensed, approved, or certified	95681
pursuant to this chapter and shall comply with all standards and	95682
other requirements in this chapter and in rules adopted pursuant	95683
to this chapter for maintaining the provider's license, approval,	95684
or certification;	95685

(5) That, in the case of a border state child care provider,	95686
the provider shall continue to be licensed, certified, or	95687
otherwise approved by the state in which the provider is located	95688
and shall comply with all standards and other requirements	95689
established by that state for maintaining the provider's license,	95690
certificate, or other approval;	95691

(6) Whether the provider will be paid by the ~~county~~	95692
~~department of job and family services, the~~ state department of job	95693
and family services, or in some other manner as prescribed by	95694
rules adopted under section 5104.42 of the Revised Code;	95695

(7) That the contract is subject to the availability of state	95696
and federal funds.	95697

(C) Unless specifically prohibited by federal law or by rules	95698
adopted under section 5104.42 of the Revised Code, the county	95699
department of job and family services shall give individuals	95700
eligible for publicly funded child care the option of obtaining	95701
certificates ~~for payment~~ that the individual may use to purchase	95702
services from any provider qualified to provide publicly funded	95703
child care under section 5104.31 of the Revised Code. Providers of	95704
publicly funded child care may present these certificates for	95705
payment ~~for reimbursement~~ in accordance with rules that the	95706
director of job and family services shall adopt. Only providers	95707
may receive ~~reimbursement~~payment for certificates ~~for payment~~.	95708
The value of the certificate ~~for payment~~ shall be based on the	95709
~~lowest~~lower of the rate customarily charged by the provider~~, the~~	95710
~~reimbursement ceiling~~ or the rate of payment established pursuant	95711
to section 5104.30 of the Revised Code~~, or a rate the county~~	95712
~~department negotiates with the provider~~. The county department may	95713
provide the certificates ~~for payment~~ to the individuals or may	95714
contract with child care providers or child care resource and	95715
referral service organizations that make determinations of	95716
eligibility for publicly funded child care pursuant to contracts	95717
entered into under section 5104.34 of the Revised Code for the	95718
providers or resource and referral service organizations to	95719
provide the certificates ~~for payment~~ to individuals whom they	95720
determine are eligible for publicly funded child care.	95721

For each six-month period a provider of publicly funded child	95722
care provides publicly funded child ~~day-care~~care to the child of	95723
an individual given certificates ~~for payment~~, the individual shall	95724
provide the provider certificates for days the provider would have	95725
provided publicly funded child care to the child had the child	95726
been present. The maximum number of days providers shall be	95727
provided certificates shall not exceed ten days in a six-month	95728
period during which publicly funded child care is provided to the	95729
child regardless of the number of providers that provide publicly	95730
funded child care to the child during that period.	95731

Sec. 5104.34. (A)(1) Each county department of job and	95732
family services shall implement procedures for making	95733
determinations of eligibility for publicly funded child care.	95734
Under those procedures, the eligibility determination for each	95735
applicant shall be made no later than thirty calendar days from	95736
the date the county department receives a completed application	95737
for publicly funded child care. Each applicant shall be notified	95738
promptly of the results of the eligibility determination. An	95739
applicant aggrieved by a decision or delay in making an	95740
eligibility determination may appeal the decision or delay to the	95741
department of job and family services in accordance with section	95742
5101.35 of the Revised Code. The due process rights of applicants	95743
shall be protected.	95744

To the extent permitted by federal law, the county department	95745
may make all determinations of eligibility for publicly funded	95746
child care, may contract with child care providers or child care	95747
resource and referral service organizations for the providers or	95748
resource and referral service organizations to make all or any	95749
part of the determinations, and may contract with child care	95750
providers or child care resource and referral service	95751
organizations for the providers or resource and referral service	95752
organizations to collect specified information for use by the	95753
county department in making determinations. If a county department	95754
contracts with a child care provider or a child care resource and	95755
referral service organization for eligibility determinations or	95756
for the collection of information, the contract shall require the	95757
provider or resource and referral service organization to make	95758
each eligibility determination no later than thirty calendar days	95759
from the date the provider or resource and referral organization	95760
receives a completed application that is the basis of the	95761
determination and to collect and transmit all necessary	95762
information to the county department within a period of time that	95763
enables the county department to make each eligibility	95764
determination no later than thirty days after the filing of the	95765
application that is the basis of the determination.	95766

The county department may station employees of the department	95767
in various locations throughout the county to collect information	95768
relevant to applications for publicly funded child care and to	95769
make eligibility determinations. The county department, child care	95770
provider, and child care resource and referral service	95771
organization shall make each determination of eligibility for	95772
publicly funded child care no later than thirty days after the	95773
filing of the application that is the basis of the determination,	95774
shall make each determination in accordance with any relevant	95775
rules adopted pursuant to section 5104.38 of the Revised Code, and	95776
shall notify promptly each applicant for publicly funded child	95777
care of the results of the determination of the applicant's	95778
eligibility.	95779

The director of job and family services shall adopt rules in	95780
accordance with Chapter 119. of the Revised Code for monitoring	95781
the eligibility determination process. In accordance with those	95782
rules, the state department shall monitor eligibility	95783
determinations made by county departments of job and family	95784
services and shall direct any entity that is not in compliance	95785
with this division or any rule adopted under this division to	95786
implement corrective action specified by the department.	95787

(2) All eligibility determinations for publicly funded child	95788
care shall be made in accordance with rules adopted pursuant to	95789
division (A) of section 5104.38 of the Revised Code and, if a	95790
county department of job and family services specifies, pursuant	95791
to rules adopted under division (B) of that section, a maximum	95792
amount of income a family may have to be eligible for publicly	95793
funded child care, the income maximum specified by the county	95794
department. Publicly funded child care may be provided only to	95795
eligible infants, toddlers, preschool children, and school	95796
children under age thirteen. For an applicant to be eligible for	95797
publicly funded child care, the caretaker parent must be employed	95798
or participating in a program of education or training for an	95799
amount of time reasonably related to the time that the parent's	95800
children are receiving publicly funded child care. This	95801
restriction does not apply to families whose children are eligible	95802
for protective child care.	95803

Subject to available funds, a county department of job and	95804
family services shall allow a family to receive publicly funded	95805
child care unless the family's income exceeds the maximum income	95806
eligibility limit. Initial and continued eligibility for publicly	95807
funded child care is subject to available funds unless the family	95808
is receiving child care pursuant to division (A)(1), (2), (3), or	95809
(4) of section 5104.30 of the Revised Code. If the county	95810
department must limit eligibility due to lack of available funds,	95811
it shall give first priority for publicly funded child care to an	95812
assistance group whose income is not more than the maximum income	95813
eligibility limit that received transitional child care in the	95814
previous month but is no longer eligible because the twelve-month	95815
period has expired. Such an assistance group shall continue to	95816
receive priority for publicly funded child care until its income	95817
exceeds the maximum income eligibility limit.	95818

(3) An assistance group that ceases to participate in the	95819
Ohio works first program established under Chapter 5107. of the	95820
Revised Code is eligible for transitional child care at any time	95821
during the immediately following twelve-month period that both of	95822
the following apply:	95823

(a) The assistance group requires child care due to	95824
employment;	95825

(b) The assistance group's income is not more than one	95826
hundred fifty per cent of the federal poverty line.	95827

An assistance group ineligible to participate in the Ohio	95828
works first program pursuant to section 5101.83 or section 5107.16	95829
of the Revised Code is not eligible for transitional child care.	95830

(B) To the extent permitted by federal law, a county	95831
department of job and family services may require a caretaker	95832
parent determined to be eligible for publicly funded child care to	95833
pay a fee according to the schedule of fees established in rules	95834
adopted under section 5104.38 of the Revised Code. Each county	95835
department shall make protective child care services available to	95836
children without regard to the income or assets of the caretaker	95837
parent of the child.	95838

(C) A caretaker parent receiving publicly funded child care	95839
shall report to the entity that determined eligibility any changes	95840
in status with respect to employment or participation in a program	95841
of education or training not later than ten calendar days after	95842
the change occurs.	95843

(D) If a county department of job and family services	95844
determines that available resources are not sufficient to provide	95845
publicly funded child care to all eligible families who request	95846
it, the county department may establish a waiting list. A county	95847
department may establish separate waiting lists within the waiting	95848
list based on income. When resources become available to provide	95849
publicly funded child care to families on the waiting list, a	95850
county department that establishes a waiting list shall assess the	95851
needs of the next family scheduled to receive publicly funded	95852
child care. If the assessment demonstrates that the family	95853
continues to need and is eligible for publicly funded child care,	95854
the county department shall offer it to the family. If the county	95855
department determines that the family is no longer eligible or no	95856
longer needs publicly funded child care, the county department	95857
shall remove the family from the waiting list.	95858

(E) A caretaker parent shall not receive full-time publicly	95859
funded child care from more than one child care provider per child	95860
during any period.	95861

(F) As used in this section, "maximum income eligibility	95862
limit" means the amount of income specified in rules adopted under	95863
division (A) of section 5104.38 of the Revised Code or, if a	95864
county department of job and family services specifies a higher	95865
amount pursuant to rules adopted under division (B) of that	95866
section, the amount the county department specifies.	95867

Sec. 5104.341. (A) Except as provided in division (B) of	95868
this section, both of the following apply:	95869

(1) An eligibility determination made under section 5104.34	95870
of the Revised Code for publicly funded child care is valid for	95871
one year;	95872

(2) The county department of job and family services shall	95873
adjust the appropriate level of a fee charged under division (B)	95874
of section 5104.34 of the Revised Code if a caretaker parent	95875
reports changes in income, family size, or both.	95876

(B) Division (A) of this section does not apply ~~in either of~~	95877
~~the following circumstances:~~	95878

~~(1) The publicly funded child care is provided under division~~	95879
~~(B)(4) of section 5104.35 of the Revised Code;~~	95880

~~(2) The~~if the recipient of the publicly funded child care	95881
ceases to be eligible for publicly funded child care.	95882

Sec. 5104.35. (A) ~~The~~Each county department of job and	95883
family services shall do all of the following:	95884

(1) Accept any gift, grant, or other funds from either public	95885
or private sources offered unconditionally or under conditions	95886
which are, in the judgment of the department, proper and	95887
consistent with this chapter and deposit the funds in the county	95888
public assistance fund established by section 5101.161 of the	95889
Revised Code;	95890

(2) Recruit individuals and groups interested in	95891
certification as in-home aides or in developing and operating	95892
suitable licensed child day-care centers, type A family day-care	95893
homes, or certified type B family day-care homes, especially in	95894
areas with high concentrations of recipients of public assistance,	95895
and for that purpose provide consultation to interested	95896
individuals and groups on request;	95897

(3) Inform clients of the availability of child care	95898
services;	95899

~~(4) Pay to a child day-care center, type A family day-care~~	95900
~~home, certified type B family day-care home, in-home aide,~~	95901
~~approved child day camp, licensed preschool program, licensed~~	95902
~~school child program, or border state child care provider for~~	95903
~~child care services, the amount provided for in division (B) of~~	95904
~~section 5104.32 of the Revised Code. If part of the cost of care~~	95905
~~of a child is paid by the child's parent or any other person, the~~	95906
~~amount paid shall be subtracted from the amount the provider is~~	95907
~~paid.~~	95908

~~(5) In accordance with rules adopted pursuant to section~~	95909
~~5104.39 of the Revised Code, provide monthly reports to the~~	95910
~~director of job and family services and the director of budget and~~	95911
~~management regarding expenditures for the purchase of publicly~~	95912
~~funded child care~~.	95913

(B) ~~The~~A county department of job and family services may do	95914
~~any of the following:~~	95915

~~(1) To~~, to the extent permitted by federal law, use public	95916
child care funds to extend the hours of operation of the county	95917
department to accommodate the needs of working caretaker parents	95918
and enable those parents to apply for publicly funded child care;	95919

~~(2) In accordance with rules adopted by the director of job~~	95920
~~and family services, request a waiver of the reimbursement ceiling~~	95921
~~established pursuant to section 5104.30 of the Revised Code for~~	95922
~~the purpose of paying a higher rate for publicly funded child care~~	95923
~~based upon the special needs of a child;~~	95924

~~(3) To the extent permitted by federal law, use state and~~	95925
~~federal funds to pay deposits and other advance payments that a~~	95926
~~provider of child care customarily charges all children who~~	95927
~~receive child care from that provider;~~	95928

~~(4) To the extent permitted by federal law, pay for up to~~	95929
~~thirty days of child care for a child whose caretaker parent is~~	95930
~~seeking employment, taking part in employment orientation~~	95931
~~activities, or taking part in activities in anticipation of~~	95932
~~enrollment or attendance in an education or training program or~~	95933
~~activity, if the employment or education or training program or~~	95934
~~activity is expected to begin within the thirty-day period~~.	95935

Sec. 5104.37. The department of job and family services ~~and~~	95936
~~a county department of job and family services~~ may withhold any	95937
money due, and recover through any appropriate method any money	95938
erroneously paid, under this chapter if evidence exists of less	95939
than full compliance with this chapter and any rules adopted under	95940
it.	95941

Sec. 5104.38. In addition to any other rules adopted under	95942
this chapter, the director of job and family services shall adopt	95943
rules in accordance with Chapter 119. of the Revised Code	95944
governing financial and administrative requirements for publicly	95945
funded child care and establishing all of the following:	95946

(A) Procedures and criteria to be used in making	95947
determinations of eligibility for publicly funded child care that	95948
give priority to children of families with lower incomes and	95949
procedures and criteria for eligibility for publicly funded	95950
protective child care. The rules shall specify the maximum amount	95951
of income a family may have for initial and continued eligibility.	95952
The maximum amount shall not exceed two hundred per cent of the	95953
federal poverty line. The rules may specify exceptions to the	95954
eligibility requirements in the case of a family that previously	95955
received publicly funded child care and is seeking to have the	95956
child care reinstated after the family's eligibility was	95957
terminated.	95958

(B) Procedures under which a county department of job and	95959
family services may, if the department, under division (A) of this	95960
section, specifies a maximum amount of income a family may have	95961
for eligibility for publicly funded child care that is less than	95962
the maximum amount specified in that division, specify a maximum	95963
amount of income a family residing in the county the county	95964
department serves may have for initial and continued eligibility	95965
for publicly funded child care that is higher than the amount	95966
specified by the department but does not exceed the maximum amount	95967
specified in division (A) of this section;	95968

(C) A schedule of fees requiring all eligible caretaker	95969
parents to pay a fee for publicly funded child care according to	95970
income and family size, which shall be uniform for all types of	95971
publicly funded child care, except as authorized by rule, and, to	95972
the extent permitted by federal law, shall permit the use of state	95973
and federal funds to pay the customary deposits and other advance	95974
payments that a provider charges all children who receive child	95975
care from that provider. The schedule of fees may not provide for	95976
a caretaker parent to pay a fee that exceeds ten per cent of the	95977
parent's family income.	95978

(D) A formula ~~based upon a percentage of the county's total~~	95979
~~expenditures for publicly funded child care~~ for determining the	95980
~~maximum~~ amount of state and federal funds appropriated for	95981
publicly funded child care that may be allocated to a county	95982
department ~~may~~to use for administrative purposes;	95983

(E) Procedures to be followed by the department and county	95984
departments in recruiting individuals and groups to become	95985
providers of child care;	95986

(F) Procedures to be followed in establishing state or local	95987
programs designed to assist individuals who are eligible for	95988
publicly funded child care in identifying the resources available	95989
to them and to refer the individuals to appropriate sources to	95990
obtain child care;	95991

(G) Procedures to deal with fraud and abuse committed by	95992
either recipients or providers of publicly funded child care;	95993

(H) Procedures for establishing a child care grant or loan	95994
program in accordance with the child care block grant act;	95995

(I) Standards and procedures for applicants to apply for	95996
grants and loans, and for the department to make grants and loans;	95997

(J) A definition of "person who stands in loco parentis" for	95998
the purposes of division ~~(II)(1)~~(JJ)(1) of section 5104.01 of the	95999
Revised Code;	96000

(K) Procedures for a county department of job and family	96001
services to follow in making eligibility determinations and	96002
redeterminations for publicly funded child care available through	96003
telephone, computer, and other means at locations other than the	96004
county department;	96005

(L) If the director establishes a different reimbursement	96006
ceiling under division (E)(3)(d) of section 5104.30 of the Revised	96007
Code, standards and procedures for determining the amount of the	96008
higher payment that is to be issued to a child care provider based	96009
on the special needs of the child being served;	96010

(M) To the extent permitted by federal law, procedures for	96011
paying for up to thirty days of child care for a child whose	96012
caretaker parent is seeking employment, taking part in employment	96013
orientation activities, or taking part in activities in	96014
anticipation of enrolling in or attending an education or training	96015
program or activity, if the employment or the education or	96016
training program or activity is expected to begin within the	96017
thirty-day period;	96018

(N) Any other rules necessary to carry out sections 5104.30	96019
to ~~5104.39~~5104.43 of the Revised Code.	96020

Sec. 5104.39. (A) The director of job and family services	96021
shall adopt rules in accordance with Chapter 119. of the Revised	96022
Code establishing a procedure for monitoring the expenditures of	96023
~~county departments of job and family services~~for publicly funded	96024
child care to ensure that expenditures do not exceed the available	96025
federal and state funds for publicly funded child care. The	96026
department of job and family services, with the assistance of the	96027
office of budget and management and the child care advisory	96028
council created pursuant to section 5104.08 of the Revised Code,	96029
shall monitor the anticipated future expenditures ~~of county~~	96030
~~departments~~ for publicly funded child care and shall compare those	96031
anticipated future expenditures to available federal and state	96032
funds for publicly funded child care. Whenever the department	96033
determines that the anticipated future expenditures ~~of the county~~	96034
~~departments will exceed the available federal and state funds~~ for	96035
publicly funded child care ~~and the department reimburses the~~	96036
~~county departments in accordance with rules adopted under section~~	96037
~~5104.42 of the Revised Code~~will exceed the available federal and	96038
state funds, the department shall promptly notify the county	96039
departments of job and family services and, before the available	96040
state and federal funds are used, the director shall issue and	96041
implement an administrative order that shall specify both of the	96042
following:	96043

(1) Priorities for expending the remaining available federal	96044
and state funds for publicly funded child care;	96045

(2) Instructions and procedures to be used by the county	96046
departments regarding eligibility determinations.	96047

(B) The order may do any or all of the following:

96048

(1) Suspend enrollment of all new participants in any program	96049
of publicly funded child care;	96050

(2) Limit enrollment of new participants to those with	96051
incomes at or below a specified percentage of the federal poverty	96052
line;	96053

(3) Disenroll existing participants with income above a	96054
specified percentage of the federal poverty line;	96055

(4) Change the schedule of fees paid by eligible caretaker	96056
parents that has been established pursuant to section 5104.38 of	96057
the Revised Code;	96058

(5) Change the rate of payment for providers of publicly	96059
funded child care that has been established pursuant to section	96060
5104.30 of the Revised Code.	96061

(C) Each county department shall comply with the order no	96062
later than thirty days after it is issued. ~~If the department fails~~	96063
~~to notify the county departments and to implement the reallocation~~	96064
~~priorities specified in the order before the available federal and~~	96065
~~state funds for publicly funded child care are used, the state~~	96066
~~department shall provide sufficient funds to the county~~	96067
~~departments for publicly funded child care to enable each county~~	96068
~~department to pay for all publicly funded child care that was~~	96069
~~provided by providers pursuant to contract prior to the date that~~	96070
~~the county department received notice under this section and the~~	96071
~~state department implemented in that county the priorities.~~	96072

(D) If after issuing an order under this section to suspend	96073
or limit enrollment of new participants or disenroll existing	96074
participants the department determines that available state and	96075
federal funds for publicly funded child care exceed the	96076
anticipated future expenditures ~~of the county departments~~for	96077
publicly funded child care, the director may issue and implement	96078
another administrative order increasing income eligibility levels	96079
to a specified percentage of the federal poverty line. The order	96080
shall include instructions and procedures to be used by the county	96081
departments. Each county department shall comply with the order	96082
not later than thirty days after it is issued.	96083

(E) The department of job and family services shall do all of	96084
the following:	96085

(1) Conduct a quarterly evaluation of the program of publicly	96086
funded child care that is operated pursuant to sections 5104.30 to	96087
~~5104.39~~5104.43 of the Revised Code;	96088

(2) Prepare reports based upon the evaluations that specify	96089
for each county the number of participants and amount of	96090
expenditures;	96091

(3) Provide copies of the reports to both houses of the	96092
general assembly and, on request, to interested parties.	96093

Sec. 5104.42. (A) The director of job and family services	96094
shall adopt rules pursuant to section 111.15 of the Revised Code	96095
establishing a payment procedure for publicly funded child care.	96096
~~The rules may provide that the department of job and family~~	96097
~~services will reimburse county departments of job and family~~	96098
~~services for payments made to providers of publicly funded child~~	96099
~~care, make direct payments to providers, or establish another~~	96100
~~system for the payment of publicly funded child care.~~	96101

~~Alternately, the~~(B) The director, by rule adopted in	96102
accordance with section 111.15 of the Revised Code, may establish	96103
a methodology for allocating ~~among the county departments~~ the	96104
state and federal funds appropriated for ~~all~~ publicly funded child	96105
care ~~services~~. ~~If the department chooses to allocate funds for~~	96106
~~publicly funded child care, it may provide the funds to each~~	96107
~~county department, up to the limit of the county's allocation, by~~	96108
~~advancing the funds or reimbursing county care expenditures. The~~	96109
~~rules adopted under this section may prescribe procedures for~~	96110
~~making the advances or reimbursements. The rules may establish a~~	96111
~~method under which the department may determine which county~~	96112
~~expenditures for child care services are allowable for use of and~~	96113
~~federal funds.~~	96114

~~The rules may establish procedures that a county department~~	96115
~~shall follow when the county department determines that its~~	96116
~~anticipated future expenditures for publicly funded child care~~	96117
~~services will exceed the amount of state and federal funds~~	96118
~~allocated by the state department. The procedures may include~~	96119
~~suspending or limiting enrollment of new participants.~~	96120

Sec. 5104.43. Each county department of job and family	96121
services shall deposit all funds received from any source for	96122
child care services into the public assistance fund established	96123
under section 5101.161 of the Revised Code. ~~All expenditures by a~~	96124
~~county department for publicly funded child care shall be made~~	96125
~~from the public assistance fund.~~	96126

Sec. 5104.99. (A) Whoever violates section 5104.02 of the	96127
Revised Code shall be punished as follows:	96128

(1) For each offense, the offender shall be fined not less	96129
than one hundred dollars nor more than five hundred dollars	96130
multiplied by the number of children receiving child care at the	96131
child day-care center or type A family day-care home that either	96132
exceeds the number of children to which a type B family day-care	96133
home may provide child care or, if the offender is a licensed type	96134
A family day-care home that is operating as a child day-care	96135
center without being licensed as a center, exceeds the license	96136
capacity of the type A home.	96137

(2) In addition to the fine specified in division (A)(1) of	96138
this section, all of the following apply:	96139

(a) Except as provided in divisions (A)(2)(b), (c), and (d)	96140
of this section, the court shall order the offender to reduce the	96141
number of children to which it provides child care to a number	96142
that does not exceed either the number of children to which a type	96143
B family day-care home may provide child care or, if the offender	96144
is a licensed type A family day-care home that is operating as a	96145
child day-care center without being licensed as a center, the	96146
license capacity of the type A home.	96147

(b) If the offender previously has been convicted of or	96148
pleaded guilty to one violation of section 5104.02 of the Revised	96149
Code, the court shall order the offender to cease the provision of	96150
child care to any person until it obtains a child day-care center	96151
license or a type A family day-care home license, as appropriate,	96152
under section 5104.03 of the Revised Code.	96153

(c) If the offender previously has been convicted of or	96154
pleaded guilty to two violations of section 5104.02 of the Revised	96155
Code, the offender is guilty of a misdemeanor of the first degree,	96156
and the court shall order the offender to cease the provision of	96157
child care to any person until it obtains a child day-care center	96158
license or a type A family day-care home license, as appropriate,	96159
under section 5104.03 of the Revised Code. The court shall impose	96160
the fine specified in division (A)(1) of this section and may	96161
impose an additional fine provided that the total amount of the	96162
fines so imposed does not exceed the maximum fine authorized for a	96163
misdemeanor of the first degree under section 2929.28 of the	96164
Revised Code.	96165

(d) If the offender previously has been convicted of or	96166
pleaded guilty to three or more violations of section 5104.02 of	96167
the Revised Code, the offender is guilty of a felony of the fifth	96168
degree, and the court shall order the offender to cease the	96169
provision of child care to any person until it obtains a child	96170
day-care center license or a type A family day-care home license,	96171
as appropriate, under section 5104.03 of the Revised Code. The	96172
court shall impose the fine specified in division (A)(1) of this	96173
section and may impose an additional fine provided that the total	96174
amount of the fines so imposed does not exceed the maximum fine	96175
authorized for a felony of the fifth degree under section 2929.18	96176
of the Revised Code.	96177

(B) Whoever violates division (B) of section 5104.09 of the	96178
Revised Code is guilty of a misdemeanor of the first degree. If	96179
the offender is a licensee of a center or type A home, the	96180
conviction shall constitute grounds for denial,or revocation~~, or~~	96181
~~refusal to renew~~of an application for licensure pursuant to	96182
section 5104.04 of the Revised Code. If the offender is a person	96183
eighteen years of age or older residing in a center or type A home	96184
or is an employee of a center or a type A home and if the licensee	96185
had knowledge of, and acquiesced in, the commission of the	96186
offense, the conviction shall constitute grounds for denial,or	96187
revocation~~, or refusal to renew~~of an application for licensure	96188
pursuant to section 5104.04 of the Revised Code.	96189

(C) Whoever violates division (C) of section 5104.09 of the	96190
Revised Code is guilty of a misdemeanor of the third degree.	96191

Sec. 5111.011. (A) The director of job and family services	96192
shall adopt rules establishing eligibility requirements for the	96193
medicaid program. The rules shall be adopted pursuant to section	96194
111.15 of the Revised Code and shall be consistent with federal	96195
and state law. The rules shall include rules that do all of the	96196
following:	96197

(1) Establish standards consistent with federal law for	96198
allocating income and resources as income and resources of the	96199
spouse, children, parents, or stepparents of a recipient of or	96200
applicant for medicaid;	96201

(2) Define the term "resources" as used in division (A)(1) of	96202
this section;	96203

(3) Specify the number of months that is to be used for the	96204
purpose of the term "look-back date" used in section 5111.0116 of	96205
the Revised Code;	96206

(4) Establish processes to be used to determine both of the	96207
following:	96208

(a) The date an institutionalized individual's ineligibility	96209
for services under section 5111.0116 of the Revised Code is to	96210
begin;	96211

(b) The number of months an institutionalized individual's	96212
ineligibility for such services is to continue.	96213

(5) ~~Establish exceptions to~~For the purpose of division (C)	96214
of section 5111.0116 of the Revised Code, establish procedures for	96215
granting waivers of all or a portion of the period of	96216
ineligibility that an institutionalized individual would otherwise	96217
be subject to under that section ~~5111.0116 of the Revised Code~~and	96218
additional reasons for which such waivers may be granted;	96219

(6) Define the term "other medicaid-funded long-term care	96220
services" as used in sections 5111.0117 and 5111.0118 of the	96221
Revised Code;	96222

(7) For the purpose of division (C)(2)(c) of section	96223
5111.0117 of the Revised Code, establish the process to determine	96224
whether the child of an aged, blind, or disabled individual is	96225
financially dependent on the individual for housing.	96226

(B) Notwithstanding any provision of state law, including	96227
statutes, administrative rules, common law, and court rules,	96228
regarding real or personal property or domestic relations, the	96229
standards established under rules adopted under division (A)(1) of	96230
this section shall be used to determine eligibility for medicaid.	96231

Sec. 5111.012. ~~The~~(A) Except as provided in division (B) of	96232
this section, the county department of job and family services of	96233
each county shall establish the eligibility for medical assistance	96234
of persons living in the county, and shall notify the department	96235
of job and family services in the manner prescribed by the	96236
department. The county shall be reimbursed for administrative	96237
expenditures in accordance with sections 5101.16, 5101.161, and	96238
5701.01 of the Revised Code. Expenditures for medical assistance	96239
shall be made from funds appropriated to the department of job and	96240
family services for public assistance subsidies. The program shall	96241
conform to the requirements of the "Social Security Act," 49 Stat.	96242
620 (1935), 42 U.S.C.A. 301, as amended.	96243

(B) If the department of job and family services elects to	96244
enter into agreements with county departments of job and family	96245
services pursuant to division (B) of section 5101.47 of the	96246
Revised Code, a county department of job and family services shall	96247
establish eligibility for medical assistance only if authorized to	96248
do so under such an agreement.	96249

Sec. 5111.013. (A) The provision of medical assistance to	96250
pregnant women and young children who are eligible for medical	96251
assistance under division (A)(3) of section 5111.01 of the Revised	96252
Code, but who are not otherwise eligible for medical assistance	96253
under that section, shall be known as the healthy start program.	96254

(B) The department of job and family services shall do all of	96255
the following with regard to the application procedures for the	96256
healthy start program:	96257

(1) Establish a short application form for the program that	96258
requires the applicant to provide no more information than is	96259
necessary for making determinations of eligibility for the healthy	96260
start program, except that the form may require applicants to	96261
provide their social security numbers. The form shall include a	96262
statement, which must be signed by the applicant, indicating that	96263
she does not choose at the time of making application for the	96264
program to apply for assistance provided under any other program	96265
administered by the department and that she understands that she	96266
is permitted at any other time to apply at the county department	96267
of job and family services of the county in which she resides for	96268
any other assistance administered by the department.	96269

(2) To the extent permitted by federal law, do one or both of	96270
the following:	96271

(a) Distribute the application form for the program to each	96272
public or private entity that serves as a women, infants, and	96273
children clinic or as a child and family health clinic and to each	96274
administrative body for such clinics and train employees of each	96275
such agency or entity to provide applicants assistance in	96276
completing the form;	96277

(b) In cooperation with the department of health, develop	96278
arrangements under which employees of county departments of job	96279
and family services are stationed at public or private agencies or	96280
entities selected by the department of job and family services	96281
that serve as women, infants, and children clinics; child and	96282
family health clinics; or administrative bodies for such clinics	96283
for the purpose both of assisting applicants for the program in	96284
completing the application form and of making determinations at	96285
that location of eligibility for the program.	96286

(3) Establish performance standards by which a county	96287
department of job and family services' level of enrollment of	96288
persons potentially eligible for the program can be measured, and	96289
establish acceptable levels of enrollment for each county	96290
department.	96291

(4) Direct any county department of job and family services	96292
whose rate of enrollment of potentially eligible enrollees in the	96293
program is below acceptable levels established under division	96294
(B)(3) of this section to implement corrective action. Corrective	96295
action may include but is not limited to any one or more of the	96296
following to the extent permitted by federal law:	96297

(a) Establishing formal referral and outreach methods with	96298
local health departments and local entities receiving funding	96299
through the bureau of maternal and child health;	96300

(b) Designating a specialized intake unit within the county	96301
department for healthy start applicants;	96302

(c) Establishing abbreviated timeliness requirements to	96303
shorten the time between receipt of an application and the	96304
scheduling of an initial application interview;	96305

(d) Establishing a system for telephone scheduling of intake	96306
interviews for applicants;	96307

(e) Establishing procedures to minimize the time an applicant	96308
must spend in completing the application and eligibility	96309
determination process, including permitting applicants to complete	96310
the process at times other than the regular business hours of the	96311
county department and at locations other than the offices of the	96312
county department.	96313

(C) To the extent permitted by federal law, local funds,	96314
whether from public or private sources, expended by a county	96315
department for administration of the healthy start program shall	96316
be considered to have been expended by the state for the purpose	96317
of determining the extent to which the state has complied with any	96318
federal requirement that the state provide funds to match federal	96319
funds for medical assistance, except that this division shall not	96320
affect the amount of funds the county is entitled to receive under	96321
section 5101.16, 5101.161, or 5111.012 of the Revised Code.	96322

(D) ~~The director of job and family services shall do one or~~	96323
~~both of the following:~~	96324

~~(1) To the extent that federal funds are provided for such~~	96325
~~assistance, adopt a plan for granting presumptive eligibility for~~	96326
~~pregnant women applying for healthy start;~~	96327

~~(2) To the extent permitted by federal medicaid regulations,~~	96328
~~adopt a plan for making same-day determinations of eligibility for~~	96329
~~pregnant women applying for healthy start.~~	96330

~~(E)~~ A county department of job and family services that	96331
maintains offices at more than one location shall accept	96332
applications for the healthy start program at all of those	96333
locations.	96334

~~(F)~~(E) The director of job and family services shall adopt	96335
rules in accordance with section 111.15 of the Revised Code as	96336
necessary to implement this section.	96337

Sec. 5111.0112. (A) The director of job and family services	96338
shall institute a cost-sharing program under the medicaid program.	96339
In instituting the cost-sharing program, the director shall comply	96340
with federal law. ~~In the case of an individual participating in~~	96341
~~the children's buy-in program established under sections 5101.5211~~	96342
~~to 5101.5216 of the Revised Code, the cost-sharing program shall~~	96343
~~be consistent with sections 5101.5213 and 5101.5214 of the Revised~~	96344
~~Code if the children's buy-in program is a component of the~~	96345
~~medicaid program.~~ The cost-sharing program shall establish a	96346
copayment requirement for at least dental services, vision	96347
services, nonemergency emergency department services, and	96348
prescription drugs, other than generic drugs. The cost-sharing	96349
program shall establish requirements regarding premiums,	96350
enrollment fees, deductions, and similar charges. The director	96351
shall adopt rules under section 5111.02 of the Revised Code	96352
governing the cost-sharing program.	96353

(B) The cost-sharing program shall, to the extent permitted	96354
by federal law, provide for all of the following with regard to	96355
any providers participating in the medicaid program:	96356

(1) No provider shall refuse to provide a service to a	96357
medicaid recipient who is unable to pay a required copayment for	96358
the service.	96359

(2) Division (B)(1) of this section shall not be considered	96360
to do either of the following with regard to a medicaid recipient	96361
who is unable to pay a required copayment:	96362

(a) Relieve the medicaid recipient from the obligation to pay	96363
a copayment;	96364

(b) Prohibit the provider from attempting to collect an	96365
unpaid copayment.	96366

(3) Except as provided in division (C) of this section, no	96367
provider shall waive a medicaid recipient's obligation to pay the	96368
provider a copayment.	96369

(4) No provider or drug manufacturer, including the	96370
manufacturer's representative, employee, independent contractor,	96371
or agent, shall pay any copayment on behalf of a medicaid	96372
recipient.	96373

(5) If it is the routine business practice of the provider to	96374
refuse service to any individual who owes an outstanding debt to	96375
the provider, the provider may consider an unpaid copayment	96376
imposed by the cost-sharing program as an outstanding debt and may	96377
refuse service to a medicaid recipient who owes the provider an	96378
outstanding debt. If the provider intends to refuse service to a	96379
medicaid recipient who owes the provider an outstanding debt, the	96380
provider shall notify the individual of the provider's intent to	96381
refuse services.	96382

(C) In the case of a provider that is a hospital, the	96383
cost-sharing program shall permit the hospital to take action to	96384
collect a copayment by providing, at the time services are	96385
rendered to a medicaid recipient, notice that a copayment may be	96386
owed. If the hospital provides the notice and chooses not to take	96387
any further action to pursue collection of the copayment, the	96388
prohibition against waiving copayments specified in division	96389
(B)(3) of this section does not apply.	96390

(D) The department of job and family services may work with a	96391
state agency that is administering, pursuant to a contract entered	96392
into under section 5111.91 of the Revised Code, one or more	96393
components of the medicaid program or one or more aspects of a	96394
component as necessary for the state agency to apply the	96395
cost-sharing program to the components or aspects of the medicaid	96396
program that the state agency administers.	96397

Sec. 5111.0116. (A) As used in this section:

96398

(1) "Assets" include all of an individual's income and	96399
resources and those of the individual's spouse, including any	96400
income or resources the individual or spouse is entitled to but	96401
does not receive because of action by any of the following:	96402

(a) The individual or spouse;

96403

(b) A person or government entity, including a court or	96404
administrative agency, with legal authority to act in place of or	96405
on behalf of the individual or spouse;	96406

(c) A person or government entity, including a court or	96407
administrative agency, acting at the direction or on the request	96408
of the individual or spouse.	96409

(2) "Home and community-based services" means home and	96410
community-based services furnished under a medicaid waiver granted	96411
by the United States secretary of health and human services under	96412
42 U.S.C. 1396n(c) or (d).	96413

(3) "Institutionalized individual" means a resident of a	96414
nursing facility, an inpatient in a medical institution for whom a	96415
payment is made based on a level of care provided in a nursing	96416
facility, or an individual described in 42 U.S.C.	96417
1396a(a)(10)(A)(ii)(VI).	96418

(4) "Look-back date" means the date that is a number of	96419
months specified in rules adopted under section 5111.011 of the	96420
Revised Code immediately before either of the following:	96421

(a) The date an individual becomes an institutionalized	96422
individual if the individual is eligible for medicaid on that	96423
date;	96424

(b) The date an individual applies for medicaid while an	96425
institutionalized individual.	96426

(5) "Nursing facility" has the same meaning as in section	96427
5111.20 of the Revised Code.	96428

(6) "Nursing facility equivalent services" means services	96429
that are covered by the medicaid program, equivalent to nursing	96430
facility services, provided by an institution that provides the	96431
same level of care as a nursing facility, and provided to an	96432
inpatient of the institution who is a medicaid recipient eligible	96433
for medicaid-covered nursing facility equivalent services.	96434

(7) "Nursing facility services" means nursing facility	96435
services covered by the medicaid program that a nursing facility	96436
provides to a resident of the nursing facility who is a medicaid	96437
recipient eligible for medicaid-covered nursing facility services.	96438

(8) "Undue hardship" means being deprived of either of the	96439
following:	96440

(a) Medical care such that an individual's health or life is	96441
endangered;	96442

(b) Food, clothing, shelter, or other necessities of life.

96443

(B) Except as provided in division (C) of this section and	96444
rules adopted under section 5111.011 of the Revised Code, an	96445
institutionalized individual is ineligible for nursing facility	96446
services, nursing facility equivalent services, and home and	96447
community-based services if the individual or individual's spouse	96448
disposes of assets for less than fair market value on or after the	96449
look-back date. The institutionalized individual's ineligibility	96450
shall begin on a date determined in accordance with rules adopted	96451
under section 5111.011 of the Revised Code and shall continue for	96452
a number of months determined in accordance with such rules.	96453

(C) An institutionalized individual may be granted a waiver	96454
of all or a portion of the period of ineligibility to which the	96455
individual would otherwise be subjected under division (B) of this	96456
section if the ineligibility would cause an undue hardship for the	96457
individual. An institutionalized individual shall be granted a	96458
waiver of all or a portion of the period of ineligibility if the	96459
administrator of the nursing facility in which the individual	96460
resides has notified the individual of a proposed transfer or	96461
discharge under section 3721.16 of the Revised Code due to failure	96462
to pay for the care the nursing facility has provided to the	96463
individual, the individual or the individual's sponsor requests a	96464
hearing on the proposed transfer or discharge in accordance with	96465
section 3721.161 of the Revised Code, and the transfer or	96466
discharge is upheld by a final determination that is not subject	96467
to further appeal. Waivers shall be granted in accordance with	96468
rules adopted under section 5111.011 of the Revised Code.	96469

(D) To secure compliance with this section, the director of	96470
job and family services may require an individual, as a condition	96471
of initial or continued eligibility for medicaid, to provide	96472
documentation of the individual's assets up to five years before	96473
the date the individual becomes an institutionalized individual if	96474
the individual is eligible for medicaid on that date or the date	96475
the individual applies for medicaid while an institutionalized	96476
individual. Documentation may include tax returns, records from	96477
financial institutions, and real property records.	96478

Sec. 5111.0122. As used in this section, "maintenance of	96479
effort requirement" means the requirement established by section	96480
1902(gg) of the "Social Security Act," 124 Stat. 275 (2010), 42	96481
U.S.C. 1396a(gg), as amended, regarding medicaid eligibility	96482
standards, methodologies, and procedures.	96483

Except to the extent, if any, otherwise authorized by the	96484
United States secretary of health and human services, the	96485
department of job and family services shall comply with the	96486
maintenance of effort requirement while the requirement is in	96487
effect.	96488

Sec. 5111.0123. (A) Subject to division (B) of this section,	96489
the director of job and family services shall adopt rules under	96490
sections 5111.011 and 5111.85 of the Revised Code to reduce the	96491
complexity of the eligibility determination processes for the	96492
medicaid program caused by the different income and resource	96493
standards for the numerous medicaid eligibility categories.	96494

(B) In implementing division (A) of this section, both of the	96495
following apply:	96496

(1) Before implementing a revision to an eligibility	96497
determination process, the director shall obtain, to the extent	96498
necessary, the approval of the United States secretary of health	96499
and human services in the form of a federal medicaid waiver,	96500
medicaid state plan amendment, or demonstration grant.	96501

(2) The director shall comply with section 5111.0122 of the	96502
Revised Code.	96503

Sec. 5111.0124. (A) As used in this section:

96504

"Children's hospital" has the same meaning as in section	96505
2151.86 of the Revised Code.	96506

"Federally-qualified health center" has the same meaning as	96507
in 42 U.S.C. 1396d(l)(2)(B).	96508

"Federally qualified health center look-alike" has the same	96509
meaning as in section 3701.047 of the Revised Code.	96510

"Presumptive eligibility for pregnant women option" means the	96511
option available under 42 U.S.C. 1396r-1 to make ambulatory	96512
prenatal care available to pregnant women under the medicaid	96513
program during presumptive eligibility periods.	96514

"Qualified provider" has the same meaning as in 42 U.S.C.	96515
1396r-1(b)(2).	96516

(B) The director of job and family services shall submit a	96517
medicaid state plan amendment to the United States secretary of	96518
health and human services to implement the presumptive eligibility	96519
for pregnant women option. The director shall include in the	96520
medicaid state plan amendment a request to authorize children's	96521
hospitals, federally qualified health centers, and federally	96522
qualified health center look-alikes, if they are eligible to be	96523
qualified providers under 42 U.S.C. 1396r-1(b)(2) and request to	96524
serve as qualified providers, to serve as qualified providers for	96525
purposes of the presumptive eligibility for pregnant women option.	96526
The director may include in the medicaid state plan amendment a	96527
request to authorize other types of providers that are eligible to	96528
be qualified providers under 42 U.S.C. 1396r-1(b)(2) and request	96529
to serve as qualified providers to serve as qualified providers	96530
for purposes of the presumptive eligibility for pregnant women	96531
option. The director shall begin to implement the medicaid state	96532
plan amendment on the later of April 1, 2012, or a date that is	96533
not later than ninety days after the effective date of the	96534
approval of the amendment.	96535

The director shall adopt rules under section 5111.011 of the	96536
Revised Code as necessary to implement this section.	96537

Sec. 5111.0125. (A) As used in this section:

96538

"Children's hospital" has the same meaning as in section	96539
2151.86 of the Revised Code.	96540

"Federally-qualified health center" has the same meaning as	96541
in 42 U.S.C. 1396d(l)(2)(B).	96542

"Federally qualified health center look-alike" has the same	96543
meaning as in section 3701.047 of the Revised Code.	96544

"Presumptive eligibility for children option" means the	96545
option available under 42 U.S.C. 1396r-1a to make medical	96546
assistance with respect to health care items and services	96547
available to children under the medicaid program during	96548
presumptive eligibility periods.	96549

"Qualified entity" has the same meaning as in 42 U.S.C.	96550
1396r-1a(b)(3).	96551

(B) The director of job and family services shall retain the	96552
presumptive eligibility for children option that was included in	96553
the state medicaid plan on the effective date of this section. The	96554
director shall submit a medicaid state plan amendment to the	96555
United States secretary of health and human services to authorize	96556
children's hospitals, federally qualified health centers, and	96557
federally qualified health center look-alikes, if they are	96558
eligible to be qualified entities under 42 U.S.C. 1396r-1a(b)(3)	96559
and request to serve as qualified entities, to serve as qualified	96560
entities for purposes of the presumptive eligibility for children	96561
option. The director may include in the medicaid state plan	96562
amendment a request to authorize other types of entities that are	96563
eligible to be qualified entities under 42 U.S.C. 1396r-1a(b)(3)	96564
and request to serve as qualified entities to serve as qualified	96565
entities for purposes of the presumptive eligibility for children	96566
option. The director shall begin to implement the medicaid state	96567
plan amendment on the later of April 1, 2012, or a date that is	96568
not later than ninety days after the effective date of the	96569
approval of the amendment.	96570

The director shall adopt rules under section 5111.011 of the	96571
Revised Code as necessary to implement this section.	96572

Sec. 5111.021. Under the medicaid program:

96573

(A) Except as otherwise ~~permitted~~required by federal statute	96574
or regulation ~~and at the department's discretion~~, ~~reimbursement by~~	96575
the department of job and family services toshall not reimburse a	96576
medical provider for any medical ~~service~~assistance rendered under	96577
the program ~~shall not exceed~~an amount that exceeds the following:	96578

(1) If the provider is a hospital, nursing facility, or	96579
intermediate care facility for the mentally retarded, the limits	96580
established under Subpart C of 42 C.F.R. Part 447;	96581

(2) If the provider is other than a provider described in	96582
division (A)(1) of this section, the authorized reimbursement	96583
~~level~~limits for the same service under the medicare program	96584
established under Title XVIII of the "Social Security Act," 79	96585
Stat. 286 (1965), 42 U.S.C. 1395, as amended.	96586

(B) Reimbursement for freestanding medical laboratory charges	96587
shall not exceed the customary and usual fee for laboratory	96588
profiles.	96589

(C) The department may deduct from payments for services	96590
rendered by a medicaid provider under the medicaid program any	96591
amounts the provider owes the state as the result of incorrect	96592
medicaid payments the department has made to the provider.	96593

(D) The department may conduct final fiscal audits in	96594
accordance with the applicable requirements set forth in federal	96595
laws and regulations and determine any amounts the provider may	96596
owe the state. When conducting final fiscal audits, the department	96597
shall consider generally accepted auditing standards, which	96598
include the use of statistical sampling.	96599

(E) The number of days of inpatient hospital care for which	96600
reimbursement is made on behalf of a medicaid recipient to a	96601
hospital that is not paid under a diagnostic-related-group	96602
prospective payment system shall not exceed thirty days during a	96603
period beginning on the day of the recipient's admission to the	96604
hospital and ending sixty days after the termination of that	96605
hospital stay, except that the department may make exceptions to	96606
this limitation. The limitation does not apply to children	96607
participating in the program for medically handicapped children	96608
established under section 3701.023 of the Revised Code.	96609

(F) The division of any reimbursement between a collaborating	96610
physician or podiatrist and a clinical nurse specialist, certified	96611
nurse-midwife, or certified nurse practitioner for services	96612
performed by the nurse shall be determined and agreed on by the	96613
nurse and collaborating physician or podiatrist. In no case shall	96614
reimbursement exceed the payment that the physician or podiatrist	96615
would have received had the physician or podiatrist provided the	96616
entire service.	96617

Sec. 5111.023. (A) As used in this section:

96618

(1) "Community mental health agency or facility" means a	96619
community mental health agency or facility that has ~~a quality~~	96620
~~assurance program accredited by the joint commission on~~	96621
~~accreditation of healthcare organizations or is~~its community	96622
mental health services certified by the department of mental	96623
health under section 5119.611 of the Revised Code or by the	96624
department of job and family services.	96625

(2) "Mental health professional" means a person qualified to	96626
work with mentally ill persons under the standards established by	96627
the director of mental health pursuant to section 5119.611 of the	96628
Revised Code.	96629

(B) The state medicaid plan ~~shall~~may include provision of	96630
the following mental health services when provided by community	96631
mental health agencies or facilities:	96632

(1) Outpatient mental health services, including, but not	96633
limited to, preventive, diagnostic, therapeutic, rehabilitative,	96634
and palliative interventions rendered to individuals in an	96635
individual or group setting by a mental health professional in	96636
accordance with a plan of treatment appropriately established,	96637
monitored, and reviewed;	96638

(2) Partial-hospitalization mental health services rendered	96639
by persons directly supervised by a mental health professional;	96640

(3) Unscheduled, emergency mental health services of a kind	96641
ordinarily provided to persons in crisis when rendered by persons	96642
supervised by a mental health professional;	96643

(4) Subject to receipt of federal approval, assertive	96644
community treatment and intensive home-based mental health	96645
services.	96646

(C) ~~The comprehensive annual plan shall certify the~~	96647
~~availability of sufficient unencumbered community mental health~~	96648
~~state subsidy and local funds to match federal medicaid~~	96649
~~reimbursement funds earned by community mental health facilities.~~	96650

~~(D)~~ The department of job and family services shall enter	96651
into a separate contract with the department of mental health	96652
under section 5111.91 of the Revised Code with regard to the	96653
component of the medicaid program provided for by this section.	96654

~~(E) Not later than July 21, 2006, the department of job and~~	96655
~~family services shall request federal approval to provide~~	96656
~~assertive community treatment and intensive home-based mental~~	96657
~~health services under medicaid pursuant to this section.~~	96658

~~(F) On receipt of federal approval sought under division (E)~~	96659
~~of this section, the director of job and family services shall~~	96660
~~adopt rules in accordance with Chapter 119. of the Revised Code~~	96661
~~for assertive community treatment and intensive home-based mental~~	96662
~~health services provided under medicaid pursuant to this section.~~	96663
~~The director shall consult with the department of mental health in~~	96664
~~adopting the rules.~~	96665

Sec. 5111.025. (A) In rules adopted under section 5111.02 of	96666
the Revised Code, the director of job and family services shall	96667
modify the manner or establish a new manner in which the following	96668
are paid under medicaid:	96669

(1) Community mental health agencies or facilities for	96670
providing community mental health services included in the state	96671
medicaid plan pursuant to section 5111.023 of the Revised Code;	96672

(2) Providers of alcohol and drug addiction services for	96673
providing alcohol and drug addiction services included in the	96674
medicaid program pursuant to rules adopted under section 5111.02	96675
of the Revised Code.	96676

(B) The director's authority to modify the manner, or to	96677
establish a new manner, for medicaid to pay for the services	96678
specified in division (A) of this section is not limited by any	96679
rules adopted under section 5111.02 or 5119.61 of the Revised Code	96680
that are in effect on June 26, 2003, and govern the way medicaid	96681
pays for those services. This is the case regardless of what state	96682
agency adopted the rules.	96683

Sec. 5111.0212. As necessary to comply with section	96684
1902(a)(13)(A) of the "Social Security Act," 111 Stat. 507 (1997),	96685
42 U.S.C. 1396a(a)(13)(A), as amended, and any other federal law	96686
that requires public notice of proposed changes to reimbursement	96687
rates for medical assistance provided under the medicaid program,	96688
the director of job and family services shall give public notice	96689
in the register of Ohio of any change to a method or standard used	96690
to determine the medicaid reimbursement rate for medical	96691
assistance.	96692

Sec. 5111.0213. (A) As used in this section:

96693

(1) "Aide services" means all of the following:

96694

(a) Home health aide services available under the home health	96695
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	96696

(b) Home care attendant services available under a home and	96697
community-based services medicaid waiver component;	96698

(c) Personal care aide services available under a home and	96699
community-based services medicaid waiver component.	96700

(2) "Home and community-based services medicaid waiver	96701
component" has the same meaning as in section 5111.85 of the	96702
Revised Code.	96703

(3) "Independent provider" means an individual who personally	96704
provides aide services or nursing services and is not employed by,	96705
under contract with, or affiliated with another entity that	96706
provides those services.	96707

(4) "Nursing services" means all of the following:

96708

(a) Nursing services available under the home health services	96709
benefit pursuant to 42 C.F.R. 440.70(b)(1);	96710

(b) Private duty nursing services as defined in 42 C.F.R.	96711
440.80;	96712

(c) Nursing services available under a home and	96713
community-based services medicaid waiver component.	96714

(B) The department of job and family services shall do both	96715
of the following:	96716

(1) Effective October 1, 2011, reduce the medicaid program's	96717
first-hour-unit price for aide services to ninety-seven per cent	96718
of the price paid on June 30, 2011, and for nursing services to	96719
ninety-five per cent of the price paid on June 30, 2011;	96720

(2) Effective October 1, 2011, pay for a service that is an	96721
aide service or a nursing service provided by an independent	96722
provider eighty per cent of the price it pays for the same service	96723
provided by a provider that is not an independent provider;	96724

(3) Not sooner than July 1, 2012, adjust the medicaid	96725
reimbursement rates for aide services and nursing services in a	96726
manner that reflects, at a minimum, labor market data, education	96727
and licensure status, home health agency and independent provider	96728
status, and length of service visit.	96729

(C) The department shall strive to have the adjustment made	96730
under division (B)(3) of this section go into effect on July 1,	96731
2012. The reductions made under divisions (B)(1) and (2) of this	96732
section shall remain in effect until the adjustment made under	96733
division (B)(3) of this section goes into effect.	96734

(D) The director of job and family services shall adopt rules	96735
under sections 5111.02 and 5111.85 of the Revised Code as	96736
necessary to implement this section.	96737

Sec. 5111.0214. The department of job and family services	96738
shall not knowingly make a medicaid payment for a	96739
provider-preventable condition for which federal financial	96740
participation is prohibited by regulations adopted under section	96741
2702 of the "Patient Protection and Affordable Care Act," 124	96742
Stat. 318 (2010), 42 U.S.C. 1396b-1. The director of job and	96743
family services shall adopt rules under section 5111.02 of the	96744
Revised Code as necessary to implement this section.	96745

Sec. 5111.0215. (A) The department of job and family services	96746
may establish a program under which it provides incentive	96747
payments, as authorized by the "Health Information Technology for	96748
Economic and Clinical Health Act," 123 Stat. 489 (2009), 42 U.S.C.	96749
1396b(a)(3)(F) and 1396b(t), as amended, to encourage the adoption	96750
and use of electronic health record technology by medicaid	96751
providers who are identified under that federal law as eligible	96752
professionals.	96753

(B) After the department has made a determination regarding	96754
the amount of a medicaid provider's electronic health record	96755
incentive payment or the denial of an incentive payment, the	96756
department shall notify the provider. The provider may request	96757
that the department reconsider its determination.	96758

A request for reconsideration shall be submitted in writing	96759
to the department not later than fifteen days after the provider	96760
receives notification of the determination. The request shall be	96761
accompanied by written materials setting forth the basis for, and	96762
supporting, the reconsideration request.	96763

On receipt of a timely request, the department shall	96764
reconsider the determination. On the basis of the written	96765
materials accompanying the request, the department may uphold,	96766
reverse, or modify its original determination. The department	96767
shall mail to the provider by certified mail a written notice of	96768
the reconsideration decision.	96769

In accordance with Chapter 2505. of the Revised Code, the	96770
medicaid provider may appeal the reconsideration decision by	96771
filing a notice of appeal with the court of common pleas of	96772
Franklin county. The notice shall identify the decision being	96773
appealed and the specific grounds for the appeal. The notice of	96774
appeal shall be filed not later than fifteen days after the	96775
department mails its notice of the reconsideration decision. A	96776
copy of the notice of appeal shall be filed with the department	96777
not later than three days after the notice is filed with the	96778
court.	96779

(C) The director of job and family services may adopt rules	96780
in accordance with Chapter 119. of the Revised Code as necessary	96781
to implement this section.	96782

Sec. 5111.031. (A) As used in this section:

96783

(1) "Independent provider" has the same meaning as in section	96784
5111.034 of the Revised Code.	96785

(2) "Intermediate care facility for the mentally retarded"	96786
and "nursing facility" have the same meanings as in section	96787
5111.20 of the Revised Code.	96788

(3) "Noninstitutional medicaid provider" means any person or	96789
entity with a medicaid provider agreement other than a hospital,	96790
nursing facility, or intermediate care facility for the mentally	96791
retarded.	96792

(4) "Owner" means any person having at least five per cent	96793
ownership in a noninstitutional medicaid provider.	96794

(B) Notwithstanding any provision of this chapter to the	96795
contrary, the department of job and family services shall take	96796
action under this section against a noninstitutional medicaid	96797
provider or its owner, officer, authorized agent, associate,	96798
manager, or employee.	96799

(C) Except as provided in division (D) of this section and in	96800
rules adopted by the department under division (H) of this	96801
section, on receiving notice and a copy of an indictment that is	96802
issued on or after ~~the effective date of this section~~September	96803
29, 2007, and charges a noninstitutional medicaid provider or its	96804
owner, officer, authorized agent, associate, manager, or employee	96805
with committing an offense specified in division (E) of this	96806
section, the department shall suspend the provider agreement held	96807
by the noninstitutional medicaid provider. Subject to division (D)	96808
of this section, the department shall also terminate medicaid	96809
reimbursement to the provider for services rendered.	96810

The suspension shall continue in effect until the proceedings	96811
in the criminal case are completed through ~~conviction,~~ dismissal	96812
of the indictment,or through conviction, entry of a guilty plea,	96813
or finding of not guilty. If the department commences a process to	96814
terminate the suspended provider agreement, the suspension shall	96815
also continue in effect until the termination process is	96816
concluded. ~~Pursuant~~	96817

Pursuant to section 5111.06 of the Revised Code, the	96818
department is not required to take action under this division by	96819
issuing an order pursuant to an adjudication conducted in	96820
accordance with Chapter 119. of the Revised Code.	96821

When subject to a suspension under this division, a provider,	96822
owner, officer, authorized agent, associate, manager, or employee	96823
shall not own or provide services to any other medicaid provider	96824
or risk contractor or arrange for, render, or order services for	96825
medicaid recipients during the period of suspension. During the	96826
period of suspension, the provider, owner, officer, authorized	96827
agent, associate, manager, or employee shall not receive	96828
reimbursement in the form of direct payments from the department	96829
or indirect payments of medicaid funds in the form of salary,	96830
shared fees, contracts, kickbacks, or rebates from or through any	96831
participating provider or risk contractor.	96832

(D)(1) The department shall not suspend a provider agreement	96833
or terminate medicaid reimbursement under division (C) of this	96834
section if the provider or owner can demonstrate through the	96835
submission of written evidence that the provider or owner did not	96836
directly or indirectly sanction the action of its authorized	96837
agent, associate, manager, or employee that resulted in the	96838
indictment.	96839

(2) The termination of medicaid reimbursement applies only to	96840
payments for medicaid services rendered subsequent to the date on	96841
which the notice required under division (F) of this section is	96842
sent. Claims for reimbursement for medicaid services rendered by	96843
the provider prior to the issuance of the notice may be subject to	96844
prepayment review procedures whereby the department reviews claims	96845
to determine whether they are supported by sufficient	96846
documentation, are in compliance with state and federal statutes	96847
and rules, and are otherwise complete.	96848

(E)(1) In the case of a noninstitutional medicaid provider	96849
that is not an independent provider, the suspension of a provider	96850
agreement under division (C) of this section applies when an	96851
indictment charges a person with committing an act that would be a	96852
felony or misdemeanor under the laws of this state and the act	96853
relates to or results from either of the following:	96854

(a) Furnishing or billing for medical care, services, or	96855
supplies under the medicaid program;	96856

(b) Participating in the performance of management or	96857
administrative services relating to furnishing medical care,	96858
services, or supplies under the medicaid program.	96859

(2) In the case of a noninstitutional medicaid provider that	96860
is an independent provider, the suspension of a provider agreement	96861
under division (C) of this section applies when an indictment	96862
charges a person with committing an act that would constitute one	96863
of the offenses specified in division (D) of section 5111.034 of	96864
the Revised Code.	96865

(F) Not later than five days after suspending a provider	96866
agreement under division (C) of this section, the department shall	96867
send notice of the suspension to the affected provider or owner.	96868
In providing the notice, the department shall do all of the	96869
following:	96870

(1) Describe the indictment that was the cause of the	96871
suspension, without necessarily disclosing specific information	96872
concerning any ongoing civil or criminal investigation;	96873

(2) State that the suspension will continue in effect until	96874
the proceedings in the criminal case are completed through	96875
~~conviction,~~ dismissal of the indictment,or through conviction,	96876
entry of a guilty plea, or finding of not guilty and, if the	96877
department commences a process to terminate the suspended provider	96878
agreement, until the termination process is concluded;	96879

(3) Inform the provider or owner of the opportunity to submit	96880
to the department, not later than thirty days after receiving the	96881
notice, a request for a reconsideration pursuant to division (G)	96882
of this section.	96883

(G)(1) APursuant to the procedure specified in division	96884
(G)(2) of this section, a noninstitutional medicaid provider or	96885
owner subject to a suspension under this section may request a	96886
reconsideration. The request shall be made not later than thirty	96887
days after receipt of the notice provided under division (F) of	96888
this section. The reconsideration is not subject to an	96889
adjudication hearing pursuant to Chapter 119. of the Revised Code.	96890

(2) In requesting a reconsideration, the provider or owner	96891
shall submit written information and documents to the department.	96892
The information and documents may pertain to any of the following	96893
issues:	96894

(a) Whether the determination to suspend the provider	96895
agreement was based on a mistake of fact, other than the validity	96896
of the indictment;	96897

(b) Whether any offense charged in the indictment resulted	96898
from an offense specified in division (E) of this section;	96899

(c) Whether the provider or owner can demonstrate that the	96900
provider or owner did not directly or indirectly sanction the	96901
action of its authorized agent, associate, manager, or employee	96902
that resulted in the indictment.	96903

(3) The department shall review the information and documents	96904
submitted in a request for reconsideration. After the review, the	96905
suspension may be affirmed, reversed, or modified, in whole or in	96906
part. The department shall notify the affected provider or owner	96907
of the results of the review. The review and notification of its	96908
results shall be completed not later than forty-five days after	96909
receiving the information and documents submitted in a request for	96910
reconsideration.	96911

(H) The department may adopt rules in accordance with Chapter	96912
119. of the Revised Code to implement this section. The rules may	96913
specify circumstances under which the department would not suspend	96914
a provider agreement pursuant to this section.	96915

Sec. 5111.035. (A) As used in this section:

96916

(1) "Creditable allegation of fraud" has the same meaning as	96917
in 42 C.F.R. 455.2, except that for purposes of this section any	96918
reference in that regulation to the "state" or the "state medicaid	96919
agency" means the department of job and family services.	96920

(2) "Provider" has the same meaning as in section 5111.032 of	96921
the Revised Code.	96922

(3) "Owner" has the same meaning as in section 5111.031 of	96923
the Revised Code.	96924

(B)(1) Except as provided in division (C) of this section and	96925
in rules adopted by the department of job and family services	96926
under division (J) of this section, on determining there is a	96927
creditable allegation of fraud for which an investigation is	96928
pending under the medicaid program against a provider, the	96929
department shall suspend the provider agreement held by the	96930
provider. Subject to division (C) of this section, the department	96931
shall also terminate medicaid reimbursement to the provider for	96932
services rendered.	96933

(2)(a) The suspension shall continue in effect until either	96934
of the following is the case:	96935

(i) The department or a prosecuting authority determines that	96936
there is insufficient evidence of fraud by the provider;	96937

(ii) The proceedings in any related criminal case are	96938
completed through dismissal of the indictment or through	96939
conviction, entry of a guilty plea, or finding of not guilty.	96940

(b) If the department commences a process to terminate the	96941
suspended provider agreement, the suspension shall also continue	96942
in effect until the termination process is concluded.	96943

(3) Pursuant to section 5111.06 of the Revised Code, the	96944
department is not required to take action under division (B)(1) of	96945
this section by issuing an order pursuant to an adjudication in	96946
accordance with Chapter 119. of the Revised Code.	96947

(4) When subject to a suspension under this section, a	96948
provider, owner, officer, authorized agent, associate, manager, or	96949
employee shall not own or provide services to any other medicaid	96950
provider or risk contractor or arrange for, render, or order	96951
services to any other medicaid provider or risk contractor or	96952
arrange for, render, or order services for medicaid recipients	96953
during the period of suspension. During the period of suspension,	96954
the provider, owner, officer, authorized agent, associate,	96955
manager, or employee shall not receive reimbursement in the form	96956
of direct payments from the department or indirect payments of	96957
medicaid funds in the form of salary, shared fees, contracts,	96958
kickbacks, or rebates from or through any participating provider	96959
or risk contractor.	96960

(C) The department shall not suspend a provider agreement or	96961
terminate medicaid reimbursement under division (B) of this	96962
section if the provider or owner can demonstrate through the	96963
submission of written evidence that the provider or owner did not	96964
directly or indirectly sanction the action of its authorized	96965
agent, associate, manager, or employee that resulted in the	96966
creditable allegation of fraud.	96967

(D) The termination of medicaid reimbursement under division	96968
(B) of this section applies only to payments for medicaid services	96969
rendered subsequent to the date on which the notice required by	96970
division (E) of this section is sent. Claims for reimbursement of	96971
medicaid services rendered by the provider prior to the issuance	96972
of the notice may be subject to prepayment review procedures	96973
whereby the department reviews claims to determine whether they	96974
are supported by sufficient documentation, are in compliance with	96975
state and federal statutes and rules, and are otherwise complete.	96976

(E) After suspending a provider agreement under division (B)	96977
of this section, the department shall, as specified in 42 C.F.R.	96978
455.23(b), send notice of the suspension to the affected provider	96979
or owner in accordance with the following timeframes:	96980

(1) Not later than five days after the suspension, unless a	96981
law enforcement agency makes a written request to temporarily	96982
delay the notice;	96983

(2) If a law enforcement agency makes a written request to	96984
temporarily delay the notice, not later than thirty days after the	96985
suspension occurs subject to the conditions specified in division	96986
(F) of this section.	96987

(F) A written request for a temporary delay described in	96988
division (E)(2) of this section may be renewed in writing by a law	96989
enforcement agency not more than two times except that under no	96990
circumstances shall the notice be issued more than ninety days	96991
after the suspension occurs.	96992

(G) The notice required by division (E) of this section shall	96993
do all of the following:	96994

(1) State that payments are being suspended in accordance	96995
with this section and 42 C.F.R. 455.23;	96996

(2) Set forth the general allegations related to the nature	96997
of the conduct leading to the suspension, except that it is not	96998
necessary to disclose any specific information concerning an	96999
ongoing investigation;	97000

(3) State that the suspension continues to be in effect until	97001
either of the following is the case:	97002

(a) The department or a prosecuting authority determines that	97003
there is insufficient evidence of fraud by the provider;	97004

(b) The proceedings in any related criminal case are	97005
completed through dismissal of the indictment or through	97006
conviction, entry of a guilty plea, or finding of not guilty and,	97007
if the department commences a process to terminate the suspended	97008
provider agreement, until the termination process is concluded.	97009

(4) Specify, if applicable, the type or types of medicaid	97010
claims or business units of the provider that are affected by the	97011
suspension;	97012

(5) Inform the provider or owner of the opportunity to submit	97013
to the department, not later than thirty days after receiving the	97014
notice, a request for reconsideration of the suspension in	97015
accordance with division (H) of this section.	97016

(H)(1) Pursuant to the procedure specified in division (H)(2)	97017
of this section, a provider or owner subject to a suspension under	97018
this section may request a reconsideration of the suspension. The	97019
request shall be made not later than thirty days after receipt of	97020
a notice required by division (E) of this section. The	97021
reconsideration is not subject to an adjudication hearing pursuant	97022
to Chapter 119. of the Revised Code.	97023

(2) In requesting a reconsideration, the provider or owner	97024
shall submit written information and documents to the department.	97025
The information and documents may pertain to any of the following	97026
issues:	97027

(a) Whether the determination to suspend the provider	97028
agreement was based on a mistake of fact, other than the validity	97029
of an indictment in a related criminal case.	97030

(b) If there has been an indictment in a related criminal	97031
case, whether any offense charged in the indictment resulted from	97032
an offense specified in division (E) of section 5111.031 of the	97033
Revised Code.	97034

(c) Whether the provider or owner can demonstrate that the	97035
provider or owner did not directly or indirectly sanction the	97036
action of its authorized agent, associate, manager, or employee	97037
that resulted in the suspension under this section or an	97038
indictment in a related criminal case.	97039

(I) The department shall review the information and documents	97040
submitted in a request made under division (H) of this section for	97041
reconsideration of a suspension. After the review, the suspension	97042
may be affirmed, reversed, or modified, in whole or in part. The	97043
department shall notify the affected provider or owner of the	97044
results of the review. The review and notification of its results	97045
shall be completed not later than forty-five days after receiving	97046
the information and documents submitted in a request for	97047
reconsideration.	97048

(J) The department may adopt rules in accordance with Chapter	97049
119. of the Revised Code to implement this section. The rules may	97050
specify circumstances under which the department would not suspend	97051
a provider agreement pursuant to this section.	97052

Sec. 5111.051. The director of job and family services may	97053
submit a medicaid state plan amendment or request for a federal	97054
waiver to the United States secretary of health and human services	97055
as necessary to implement, at the director's discretion, a system	97056
under which payments for medical assistance provided under the	97057
medicaid program are made to an organization on behalf of the	97058
providers of the medical assistance. The system may not provide	97059
for an organization to receive an amount that exceeds, in	97060
aggregate, the amount the department would have paid directly to	97061
the providers if not for this section.	97062

Sec. 5111.052. (A) As used in this section, "electronic	97063
claims submission process" means any of the following:	97064

(1) Electronic interchange of data;

97065

(2) Direct entry of data through an internet-based mechanism	97066
implemented by the department of job and family services;	97067

(3) Any other process for the electronic submission of claims	97068
that is specified in rules adopted under this section.	97069

(B) Not later than January 1, 2013, and except as provided in	97070
division (C) of this section, each provider of services to	97071
medicaid recipients shall do both of the following:	97072

(1) Use only an electronic claims submission process to	97073
submit to the department of job and family services claims for	97074
medicaid reimbursement for services provided to medicaid	97075
recipients;	97076

(2) Arrange to receive medicaid reimbursement from the	97077
department by means of electronic funds transfer.	97078

(C) Division (B) of this section does not apply to any of the	97079
following:	97080

(1) A nursing facility, as defined in section 5111.20 of the	97081
Revised Code;	97082

(2) An intermediate care facility for the mentally retarded,	97083
as defined in section 5111.20 of the Revised Code;	97084

(3) A medicaid managed care organization under contract with	97085
the department pursuant to section 5111.17 of the Revised Code;	97086

(4) Any other provider or type of provider designated in	97087
rules adopted under this section.	97088

(D) The department shall not process a medicaid claim	97089
submitted on or after January 1, 2013, unless the claim is	97090
submitted through an electronic claims submission process in	97091
accordance with this section.	97092

(E) The director of job and family services may adopt rules	97093
in accordance with Chapter 119. of the Revised Code as the	97094
director considers necessary to implement this section.	97095

Sec. 5111.053. (A) As used in this section, "group practice"	97096
has the same meaning as in section 4731.65 of the Revised Code.	97097

(B) The department of job and family services shall establish	97098
a process by which a physician assistant may enter into a medicaid	97099
provider agreement.	97100

(C)(1) Subject to division (C)(2) of this section, a claim	97101
for reimbursement for a service provided by a physician assistant	97102
to a medicaid recipient may be submitted by the physician	97103
assistant who provided the service or the physician, group	97104
practice, clinic, or other health care facility that employs the	97105
physician assistant.	97106

(2) A claim for reimbursement may be submitted by the	97107
physician assistant who provided the service only if the physician	97108
assistant has a valid provider agreement. When submitting the	97109
claim, the physician assistant shall use only the medicaid	97110
provider number the department has assigned to the physician	97111
assistant.	97112

(D) The director of job and family services may adopt rules	97113
under section 5111.02 of the Revised Code to implement this	97114
section.	97115

Sec. 5111.054. (A) As used in this section:

97116

(1) "Federal financial participation" means the federal	97117
government's share of expenditures made by an entity in	97118
implementing the medicaid program.	97119

(2) "OCHSPS" means the private, not-for-profit corporation	97120
known as the Ohio children's hospital solutions for patient	97121
safety, which was formed for the purpose of improving pediatric	97122
patient care in this state, which performs functions that are	97123
included within the functions of a peer review committee as	97124
defined in section 2305.25 of the Revised Code, and which consists	97125
of all of the following members: Akron children's hospital,	97126
Cincinnati children's hospital medical center, Cleveland clinic	97127
children's hospital, Dayton children's medical center, mercy	97128
children's hospital, nationwide children's hospital, rainbow	97129
babies & children's hospital, and Toledo children's hospital.	97130

(B) If, as authorized by section 5101.10 of the Revised Code,	97131
the department of job and family services chooses to contract with	97132
a person to perform either or both of the following services, it	97133
may contract with any qualified person, including OCHSPS, to	97134
perform the service or services on the department's behalf:	97135

(1) Review and analyze claims for medical assistance made	97136
under this chapter to children in accordance with all state and	97137
federal laws governing the confidentiality of patient-identifying	97138
information;	97139

(2) Perform quality assurance and quality review functions,	97140
other than those described in division (B)(1) of this section,	97141
related to medical assistance made under this chapter to children.	97142

The functions specified in division (B)(2) of this section	97143
may include those recommended by the best evidence for advancing	97144
child health in Ohio now (BEACON) council.	97145

(C) If the department enters into a contract with OCHSPS for	97146
OCHSPS to perform either or both of the services described in	97147
division (B) of this section, OCHSPS shall, only for purposes of	97148
section 5101.11 of the Revised Code, be considered a public entity	97149
and the department shall seek federal financial participation for	97150
costs incurred by OCHSPS in performing the service or services.	97151

Sec. 5111.06. (A)(1) As used in this section and in sections	97152
5111.061 and ~~5111.062~~5111.063 of the Revised Code:	97153

(a) "Provider" means any person, institution, or entity that	97154
furnishes medicaid services under a provider agreement with the	97155
department of job and family services pursuant to Title XIX of the	97156
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	97157
amended.	97158

(b) "Party" has the same meaning as in division (G) of	97159
section 119.01 of the Revised Code.	97160

(c) "Adjudication" has the same meaning as in division (D) of	97161
section 119.01 of the Revised Code.	97162

(2) This section does not apply to any action taken by the	97163
department of job and family services under sections 5111.16 to	97164
5111.177 or sections 5111.35 to 5111.62 of the Revised Code.	97165

(B) Except as provided in division (D) of this section and	97166
section 5111.914 of the Revised Code, the department shall do	97167
either of the following by issuing an order pursuant to an	97168
adjudication conducted in accordance with Chapter 119. of the	97169
Revised Code:	97170

(1) Enter into or refuse to enter into a provider agreement	97171
with a provider, or suspend, terminate, renew, or refuse to renew	97172
an existing provider agreement with a provider;	97173

(2) Take any action based upon a final fiscal audit of a	97174
provider.	97175

(C) Any party who is adversely affected by the issuance of an	97176
adjudication order under division (B) of this section may appeal	97177
to the court of common pleas of Franklin county in accordance with	97178
section 119.12 of the Revised Code.	97179

(D) The department is not required to comply with division	97180
(B)(1) of this section whenever any of the following occur:	97181

(1) The terms of a provider agreement require the provider to	97182
hold a license, permit, or certificate or maintain a certification	97183
issued by an official, board, commission, department, division,	97184
bureau, or other agency of state or federal government other than	97185
the department of job and family services, and the license,	97186
permit, certificate, or certification has been denied, revoked,	97187
not renewed, suspended, or otherwise limited.	97188

(2) The terms of a provider agreement require the provider to	97189
hold a license, permit, or certificate or maintain certification	97190
issued by an official, board, commission, department, division,	97191
bureau, or other agency of state or federal government other than	97192
the department of job and family services, and the provider has	97193
not obtained the license, permit, certificate, or certification.	97194

(3) The provider agreement is denied, terminated, or not	97195
renewed due to the termination, refusal to renew, or denial of a	97196
license, permit, certificate, or certification by an official,	97197
board, commission, department, division, bureau, or other agency	97198
of this state other than the department of job and family	97199
services, notwithstanding the fact that the provider may hold a	97200
license, permit, certificate, or certification from an official,	97201
board, commission, department, division, bureau, or other agency	97202
of another state.	97203

(4) The provider agreement is denied, terminated, or not	97204
renewed pursuant to division (C) or (F) of section 5111.03 of the	97205
Revised Code.	97206

(5) The provider agreement is denied, terminated, or not	97207
renewed due to the provider's termination, suspension, or	97208
exclusion from the medicare program established under Title XVIII	97209
of the "Social Security Act," or from another state's medicaid	97210
program and, in either case, the termination, suspension, or	97211
exclusion is binding on the provider's participation in the	97212
medicaid program in this state.	97213

(6) The provider agreement is denied, terminated, or not	97214
renewed due to the provider's pleading guilty to or being	97215
convicted of a criminal activity materially related to either the	97216
medicare or medicaid program.	97217

(7) The provider agreement is denied, terminated, or	97218
suspended as a result of action by the United States department of	97219
health and human services and that action is binding on the	97220
provider's participation in the medicaid program.	97221

(8) ~~The~~Pursuant to either section 5111.031 or 5111.035 of	97222
the Revised Code, the provider agreement is suspended ~~pursuant to~~	97223
~~section 5111.031 of the Revised Code~~and payments to the provider	97224
are suspended pending indictment of the provider.	97225

(9) The provider agreement is denied, terminated, or not	97226
renewed because the provider or its owner, officer, authorized	97227
agent, associate, manager, or employee has been convicted of one	97228
of the offenses that caused the provider agreement to be suspended	97229
pursuant to section 5111.031 of the Revised Code.	97230

(10) The provider agreement is converted under section	97231
5111.028 of the Revised Code from a provider agreement that is not	97232
time-limited to a provider agreement that is time-limited.	97233

(11) The provider agreement is terminated or an application	97234
for re-enrollment is denied because the provider has failed to	97235
apply for re-enrollment within the time or in the manner specified	97236
for re-enrollment pursuant to section 5111.028 of the Revised	97237
Code.	97238

(12) The provider agreement is suspended or terminated, or an	97239
application for enrollment or re-enrollment is denied, for any	97240
reason authorized or required by one or more of the following: 42	97241
C.F.R. 455.106, 455.23, 455.416, 455.434, or 455.450.	97242

(13) The provider agreement is terminated or not renewed	97243
because the provider has not billed or otherwise submitted a	97244
medicaid claim to the department for two years or longer.	97245

~~(13)~~(14) The provider agreement is denied, terminated, or not	97246
renewed because the provider fails to provide to the department	97247
the national provider identifier assigned the provider by the	97248
national provider system pursuant to 45 C.F.R. 162.408.	97249

In the case of a provider described in division (D)~~(12)~~(13)	97250
or ~~(13)~~(14) of this section, the department may take its proposed	97251
action against a provider agreement by sending a notice explaining	97252
the proposed action to the provider. The notice shall be sent to	97253
the provider's address on record with the department. The notice	97254
may be sent by regular mail.	97255

(E) The department may withhold payments for services	97256
rendered by a medicaid provider under the medicaid program during	97257
the pendency of proceedings initiated under division (B)(1) of	97258
this section. If the proceedings are initiated under division	97259
(B)(2) of this section, the department may withhold payments only	97260
to the extent that they equal amounts determined in a final fiscal	97261
audit as being due the state. This division does not apply if the	97262
department fails to comply with section 119.07 of the Revised	97263
Code, requests a continuance of the hearing, or does not issue a	97264
decision within thirty days after the hearing is completed. This	97265
division does not apply to nursing facilities and intermediate	97266
care facilities for the mentally retarded as defined in section	97267
5111.20 of the Revised Code.	97268

Sec. 5111.061. (A) ~~The~~(1) Except as provided in division	97269
(A)(2) of this section, the department of job and family services	97270
may recover a medicaid payment or portion of a payment made to a	97271
provider to which the provider is not entitled if the department	97272
notifies the provider of the overpayment during the five-year	97273
period immediately following the end of the state fiscal year in	97274
which the overpayment was made.	97275

(2) In the case of a hospital provider, if the department	97276
determines as a result of a medicare or medicaid cost report	97277
settlement that the provider received an amount under the medicaid	97278
program to which the provider is not entitled, the department may	97279
recover the overpayment if the department notifies the provider of	97280
the overpayment during the later of the following:	97281

(a) The five-year period immediately following the end of the	97282
state fiscal year in which the overpayment was made;	97283

(b) The one-year period immediately following the date the	97284
department receives from the United States centers for medicare	97285
and medicaid services a completed, audited, medicare cost report	97286
for the provider that applies to the state fiscal year in which	97287
the overpayment was made.	97288

(B) Among the overpayments that may be recovered under this	97289
section are the following:	97290

(1) Payment for a service, or a day of service, not rendered;

97291

(2) Payment for a day of service at a full per diem rate that	97292
should have been paid at a percentage of the full per diem rate;	97293

(3) Payment for a service, or day of service, that was paid	97294
by, or partially paid by, a ~~third-party~~third party, as defined in	97295
section 5101.571 of the Revised Code, and the ~~third-party's~~third	97296
party's payment or partial payment was not offset against the	97297
amount paid by the medicaid program to reduce or eliminate the	97298
amount that was paid by the medicaid program;	97299

(4) Payment when a medicaid recipient's responsibility for	97300
payment was understated and resulted in an overpayment to the	97301
provider.	97302

(C) The department may recover an overpayment under this	97303
section prior to or after any of the following:	97304

(1) Adjudication of a final fiscal audit that section 5111.06	97305
of the Revised Code requires to be conducted in accordance with	97306
Chapter 119. of the Revised Code;	97307

(2) Adjudication of a finding under any other provision of	97308
this chapter or the rules adopted under it;	97309

(3) Expiration of the time to issue a final fiscal audit that	97310
section 5111.06 of the Revised Code requires to be conducted in	97311
accordance with Chapter 119. of the Revised Code;	97312

(4) Expiration of the time to issue a finding under any other	97313
provision of this chapter or the rules adopted under it.	97314

(D)(1) Subject to division (D)(2) of this section, the	97315
recovery of an overpayment under this section does not preclude	97316
the department from subsequently doing the following:	97317

(a) Issuing a final fiscal audit in accordance with Chapter	97318
119. of the Revised Code, as required under section 5111.06 of the	97319
Revised Code;	97320

(b) Issuing a finding under any other provision of this	97321
chapter or the rules adopted under it.	97322

(2) A final fiscal audit or finding issued subsequent to the	97323
recovery of an overpayment under this section shall be reduced by	97324
the amount of the prior recovery, as appropriate.	97325

(E) Nothing in this section limits the department's authority	97326
to recover overpayments pursuant to any other provision of the	97327
Revised Code.	97328

Sec. 5111.063. For the purpose of raising funds necessary to	97329
pay the expenses of implementing the provider screening	97330
requirements of subpart E of 42 C.F.R. Part 455, the department of	97331
job and family services shall charge an application fee to a	97332
provider seeking to enter into or renew a medicaid provider	97333
agreement, unless the provider is exempt from paying the	97334
application fee under 42 C.F.R. 455.460(a). The application fees	97335
shall be deposited into the health care services administration	97336
fund created under section 5111.94 of the Revised Code.	97337

The director of job and family services shall adopt rules in	97338
accordance with Chapter 119. of the Revised Code as necessary to	97339
implement this section, including a rule establishing the amount	97340
of the application fee that is charged under this section. The	97341
amount of the application fee shall not be set at an amount that	97342
is more than necessary to pay for the expenses of implementing the	97343
provider screening requirements.	97344

Sec. 5111.086. As used in this section, "federal upper	97345
reimbursement limit" means the limit established pursuant to	97346
section 1927(e) of the "Social Security Act," 104 Stat. 1388-151	97347
(1990), 42 U.S.C. 1396r-8(e), as amended.	97348

The medicaid payment for a drug that is subject to a federal	97349
upper reimbursement limit shall not exceed, in the aggregate, the	97350
federal upper reimbursement limit for the drug. The director of	97351
job and family services shall adopt rules under section 5111.02 of	97352
the Revised Code as necessary to implement this section.	97353

Sec. 5111.113. (A) As used in this section:

97354

(1) "Adult care facility" has the same meaning as in section	97355
~~3722.01~~5119.70 of the Revised Code.	97356

(2) "Commissioner" means a person appointed by a probate	97357
court under division (B) of section 2113.03 of the Revised Code to	97358
act as a commissioner.	97359

(3) "Home" has the same meaning as in section 3721.10 of the	97360
Revised Code.	97361

(4) "Personal needs allowance account" means an account or	97362
petty cash fund that holds the money of a resident of an adult	97363
care facility or home and that the facility or home manages for	97364
the resident.	97365

(B) Except as provided in divisions (C) and (D) of this	97366
section, the owner or operator of an adult care facility or home	97367
shall transfer to the department of job and family services the	97368
money in the personal needs allowance account of a resident of the	97369
facility or home who was a recipient of the medical assistance	97370
program no earlier than sixty days but not later than ninety days	97371
after the resident dies. The adult care facility or home shall	97372
transfer the money even though the owner or operator of the	97373
facility or home has not been issued letters testamentary or	97374
letters of administration concerning the resident's estate.	97375

(C) If funeral or burial expenses for a resident of an adult	97376
care facility or home who has died have not been paid and the only	97377
resource the resident had that could be used to pay for the	97378
expenses is the money in the resident's personal needs allowance	97379
account, or all other resources of the resident are inadequate to	97380
pay the full cost of the expenses, the money in the resident's	97381
personal needs allowance account shall be used to pay for the	97382
expenses rather than being transferred to the department of job	97383
and family services pursuant to division (B) of this section.	97384

(D) If, not later than sixty days after a resident of an	97385
adult care facility or home dies, letters testamentary or letters	97386
of administration are issued, or an application for release from	97387
administration is filed under section 2113.03 of the Revised Code,	97388
concerning the resident's estate, the owner or operator of the	97389
facility or home shall transfer the money in the resident's	97390
personal needs allowance account to the administrator, executor,	97391
commissioner, or person who filed the application for release from	97392
administration.	97393

(E) The transfer or use of money in a resident's personal	97394
needs allowance account in accordance with division (B), (C), or	97395
(D) of this section discharges and releases the adult care	97396
facility or home, and the owner or operator of the facility or	97397
home, from any claim for the money from any source.	97398

(F) If, sixty-one or more days after a resident of an adult	97399
care facility or home dies, letters testamentary or letters of	97400
administration are issued, or an application for release from	97401
administration under section 2113.03 of the Revised Code is filed,	97402
concerning the resident's estate, the department of job and family	97403
services shall transfer the funds to the administrator, executor,	97404
commissioner, or person who filed the application, unless the	97405
department is entitled to recover the money under the medicaid	97406
estate recovery program instituted under section 5111.11 of the	97407
Revised Code.	97408

Sec. 5111.13. (A) As used in this section, "cost-effective"	97409
and "group health plan" have the same meanings as in section 1906	97410
of the "Social Security Act," 49104 Stat. ~~620 (1935)~~1388-161	97411
(1990), 42 U.S.C.A. 1396e, as amended, and any regulations adopted	97412
under that section.	97413

(B) The department of job and family services~~, pursuant to~~	97414
~~guidelines issued by~~may submit a medicaid state plan amendment to	97415
the United States secretary of health and human services~~, shall~~	97416
~~identify cases in which enrollment of an individual otherwise~~	97417
~~eligible for medical assistance under this chapter in a group~~	97418
~~health plan in which the individual is eligible to enroll and~~	97419
~~payment of the individual's premiums, deductibles, coinsurance,~~	97420
~~and other cost-sharing expenses is cost effective.~~	97421

~~The department shall require, as a condition of eligibility~~	97422
~~for medical assistance, individuals identified under this~~	97423
~~division, or in the case of a child, the child's parent, to apply~~	97424
~~for enrollment in the group health plan, except that the failure~~	97425
~~of a parent to enroll self or the parent's child in a group health~~	97426
~~plan does not affect the child's eligibility under the medical~~	97427
~~assistance program.~~	97428

~~The department shall pay enrollee premiums and deductibles,~~	97429
~~coinsurance, and other cost-sharing obligations for services and~~	97430
~~items otherwise covered under the medical assistance program. The~~	97431
~~department shall treat coverage under the group health plan in the~~	97432
~~same manner as any other third-party liability under the program.~~	97433
~~If not all members of a family are eligible for medical assistance~~	97434
~~and enrollment of the eligible members in a group health plan is~~	97435
~~not possible without also enrolling the members who are ineligible~~	97436
~~for medical assistance, the department shall pay the premiums for~~	97437
~~the ineligible members if the payments are cost effective. The~~	97438
~~department shall not pay deductibles, coinsurance, or other~~	97439
~~cost-sharing obligations of enrolled members who are not eligible~~	97440
~~for medical assistance.~~	97441

~~The department may make payments under this section to~~	97442
~~employers, insurers, or other entities. The department may make~~	97443
~~the payments without entering into a contract with employers,~~	97444
~~insurers, or other entities.~~	97445

~~(C) To the extent permitted by federal law and regulations,~~	97446
~~the department of job and family services shall coordinate the~~	97447
~~medical assistance program with group health plans in such a~~	97448
~~manner that the medical assistance program serves as a supplement~~	97449
~~to the group health plans. In its coordination efforts, the~~	97450
~~department shall consider cost-effectiveness and quality of care.~~	97451
~~The department may enter into agreements with group health plans~~	97452
~~as necessary to implement this division~~for the purpose of	97453
implementing a program pursuant to section 1906 of the "Social	97454
Security Act," 104 Stat. 1388-161 (1990), 42 U.S.C. 1396e, as	97455
amended, for the enrollment of medicaid-eligible individuals in	97456
group health plans when the department determines that enrollment	97457
is cost-effective.	97458

~~(D)~~(C) The director of job and family services ~~shall~~may	97459
adopt rules in accordance with Chapter 119. of the Revised Code as	97460
necessary to implement this section.	97461

Sec. 5111.14. The director of job and family services may	97462
submit to the United States secretary of health and human services	97463
an amendment to the medicaid state plan in order to implement	97464
within the medicaid program a system under which medicaid	97465
recipients with chronic conditions are provided with coordinated	97466
care through health homes, as authorized by section 1945 of the	97467
"Social Security Act," 124 Stat. 319 (2010), 42 U.S.C. 1396w-4.	97468

The director may adopt rules under section 5111.02 of the	97469
Revised Code to implement this section.	97470

~~Sec. 5111.14.~~ Sec. 5111.141. The department of job and family	97471
services may require county departments of job and family services	97472
to provide case management of nonemergency transportation services	97473
provided under the medical assistance program. County departments	97474
shall provide the case management if required by the department in	97475
accordance with rules adopted by the director of job and family	97476
services.	97477

The department shall determine, for the purposes of claiming	97478
federal reimbursement under the medical assistance program,	97479
whether it will claim expenditures for nonemergency transportation	97480
services as administrative or program expenditures.	97481

Sec. 5111.151. (A)(1) This section applies only to either of	97482
the following:	97483

(a) Initial eligibility determinations for ~~all cases~~	97484
~~involving medicaid provided pursuant to this chapter, qualified~~	97485
~~medicare beneficiaries, specified low-income medicare~~	97486
~~beneficiaries, qualifying individuals-1, qualifying individuals-2,~~	97487
~~and medical assistance for covered families and children~~the	97488
medicaid program made by the department of job and family services	97489
pursuant to section 5101.47 of the Revised Code or by a county	97490
department of job and family services pursuant to section 5111.012	97491
of the Revised Code;	97492

(b) An appeal from a determination described in division	97493
(A)(1)(a) of this section pursuant to section 5101.35 of the	97494
Revised Code.	97495

(2)(a) Except as provided in division (A)(2)(b) of this	97496
section, this section shall not be used by a court to determine	97497
the effect of a trust on an individual's initial eligibility for	97498
the medicaid program.	97499

(b) The prohibition in division (A)(2)(a) of this section	97500
does not apply to an appeal described in division (A)(1)(b) of	97501
this section.	97502

(B) As used in this section:

97503

(1) "Trust" means any arrangement in which a grantor	97504
transfers real or personal property to a trust with the intention	97505
that it be held, managed, or administered by at least one trustee	97506
for the benefit of the grantor or beneficiaries. "Trust" includes	97507
any legal instrument or device similar to a trust.	97508

(2) "Legal instrument or device similar to a trust" includes,	97509
but is not limited to, escrow accounts, investment accounts,	97510
partnerships, contracts, and other similar arrangements that are	97511
not called trusts under state law but are similar to a trust and	97512
to which all of the following apply:	97513

(a) The property in the trust is held, managed, retained, or	97514
administered by a trustee.	97515

(b) The trustee has an equitable, legal, or fiduciary duty to	97516
hold, manage, retain, or administer the property for the benefit	97517
of the beneficiary.	97518

(c) The trustee holds identifiable property for the	97519
beneficiary.	97520

(3) "Grantor" is a person who creates a trust, including all	97521
of the following:	97522

(a) An individual;

97523

(b) An individual's spouse;

97524

(c) A person, including a court or administrative body, with	97525
legal authority to act in place of or on behalf of an individual	97526
or an individual's spouse;	97527

(d) A person, including a court or administrative body, that	97528
acts at the direction or on request of an individual or the	97529
individual's spouse.	97530

(4) "Beneficiary" is a person or persons, including a	97531
grantor, who benefits in some way from a trust.	97532

(5) "Trustee" is a person who manages a trust's principal and	97533
income for the benefit of the beneficiaries.	97534

(6) "Person" has the same meaning as in section 1.59 of the	97535
Revised Code and includes an individual, corporation, business	97536
trust, estate, trust, partnership, and association.	97537

(7) "Applicant" is an individual who applies for medicaid or	97538
the individual's spouse.	97539

(8) "Recipient" is an individual who receives medicaid or the	97540
individual's spouse.	97541

(9) "Revocable trust" is a trust that can be revoked by the	97542
grantor or the beneficiary, including all of the following, even	97543
if the terms of the trust state that it is irrevocable:	97544

(a) A trust that provides that the trust can be terminated	97545
only by a court;	97546

(b) A trust that terminates on the happening of an event, but	97547
only if the event occurs at the direction or control of the	97548
grantor, beneficiary, or trustee.	97549

(10) "Irrevocable trust" is a trust that cannot be revoked by	97550
the grantor or terminated by a court and that terminates only on	97551
the occurrence of an event outside of the control or direction of	97552
the beneficiary or grantor.	97553

(11) "Payment" is any disbursal from the principal or income	97554
of the trust, including actual cash, noncash or property	97555
disbursements, or the right to use and occupy real property.	97556

(12) "Payments to or for the benefit of the applicant or	97557
recipient" is a payment to any person resulting in a direct or	97558
indirect benefit to the applicant or recipient.	97559

(13) "Testamentary trust" is a trust that is established by a	97560
will and does not take effect until after the death of the person	97561
who created the trust.	97562

(C)(1) If an applicant or recipient is a beneficiary of a	97563
trust, the county department of job and family services shall	97564
determine what type of trust it is and shall treat the trust in	97565
accordance with the appropriate provisions of this section and	97566
rules adopted by the department of job and family services	97567
governing trusts. The county department of job and family services	97568
may determine that the trust or portion of the trust ~~is one of the~~	97569
~~following~~:	97570

~~(1) A countable~~(a) Is a resource available to the applicant	97571
or recipient;	97572

~~(2) Countable~~(b) Contains income available to the applicant	97573
or recipient;	97574

~~(3) A countable resource and countable income~~(c) Constitutes	97575
both items described in divisions (C)(1)(a) and (b) of this	97576
section;	97577

~~(4) Not a countable resource or countable income~~(d) Is	97578
neither an item described in division (C)(1)(a) nor (C)(1)(b) of	97579
this section.	97580

(2) Except as provided in division (F) of this section, a	97581
trust or portion of a trust that is a resource available to the	97582
applicant or recipient or contains income available to the	97583
applicant or recipient shall be counted for purposes of	97584
determining medicaid eligibility.	97585

(D)(1) A trust or legal instrument or device similar to a	97586
trust shall be considered a medicaid qualifying trust if all of	97587
the following apply:	97588

(a) The trust was established on or prior to August 10, 1993.

97589

(b) The trust was not established by a will.

97590

97591

(d) The applicant or recipient is or may become the	97592
beneficiary of all or part of the trust.	97593

(e) Payment from the trust is determined by one or more	97594
trustees who are permitted to exercise any discretion with respect	97595
to the distribution to the applicant or recipient.	97596

(2) If a trust meets the requirement of division (D)(1) of	97597
this section, the amount of the trust that is considered by the	97598
county department of job and family services ~~as an available~~to be	97599
a resource available to the applicant or recipient shall be the	97600
maximum amount of payments permitted under the terms of the trust	97601
to be distributed to the applicant or recipient, assuming the full	97602
exercise of discretion by the trustee or trustees. The maximum	97603
amount shall include only amounts that are permitted to be	97604
distributed but are not distributed from either the income or	97605
principal of the trust.	97606

(3) Amounts that are actually distributed from a medicaid	97607
qualifying trust to a beneficiary for any purpose shall be treated	97608
in accordance with rules adopted by the department of job and	97609
family services governing income.	97610

(4) Availability of a medicaid qualifying trust shall be	97611
considered without regard to any of the following:	97612

(a) Whether or not the trust is irrevocable or was	97613
established for purposes other than to enable a grantor to qualify	97614
for medicaid, medical assistance for covered families and	97615
children, or as a qualified medicare beneficiary, specified	97616
low-income medicare beneficiary, qualifying individual-1, or	97617
qualifying individual-2;	97618

(b) Whether or not the trustee actually exercises discretion.

97619

(5) If any real or personal property is transferred to a	97620
medicaid qualifying trust that is not distributable to the	97621
applicant or recipient, the transfer shall be considered an	97622
improper disposition of assets and shall be subject to section	97623
5111.0116 of the Revised Code and rules to implement that section	97624
adopted under section 5111.011 of the Revised Code.	97625

(6) The baseline date for the look-back period for	97626
disposition of assets involving a medicaid qualifying trust shall	97627
be the date on which the applicant or recipient is both	97628
institutionalized and first applies for medicaid.	97629

(E)(1) A trust or legal instrument or device similar to a	97630
trust shall be considered a self-settled trust if all of the	97631
following apply:	97632

(a) The trust was established on or after August 11, 1993.

97633

(b) The trust was not established by a will.

97634

(c) The trust was established by an applicant or recipient,	97635
spouse of an applicant or recipient, or a person, including a	97636
court or administrative body, with legal authority to act in place	97637
of or on behalf of an applicant, recipient, or spouse, or acting	97638
at the direction or on request of an applicant, recipient, or	97639
spouse.	97640

(2) A trust that meets the requirements of division (E)(1) of	97641
this section and is a revocable trust shall be treated by the	97642
county department of job and family services as follows:	97643

(a) The corpus of the trust shall be considered a resource	97644
available to the applicant or recipient.	97645

(b) Payments from the trust to or for the benefit of the	97646
applicant or recipient shall be considered unearned income of the	97647
applicant or recipient.	97648

(c) Any other payments from the trust shall be considered an	97649
improper disposition of assets and shall be subject to section	97650
5111.0116 of the Revised Code and rules to implement that section	97651
adopted under section 5111.011 of the Revised Code.	97652

(3) A trust that meets the requirements of division (E)(1) of	97653
this section and is an irrevocable trust shall be treated by the	97654
county department of job and family services as follows:	97655

(a) If there are any circumstances under which payment from	97656
the trust could be made to or for the benefit of the applicant or	97657
recipient, including a payment that can be made only in the	97658
future, the portion from which payments could be made shall be	97659
considered a resource available to the applicant or recipient. The	97660
county department of job and family services shall not take into	97661
account when payments can be made.	97662

(b) Any payment that is actually made to or for the benefit	97663
of the applicant or recipient from either the corpus or income	97664
shall be considered unearned income.	97665

(c) If a payment is made to someone other than to the	97666
applicant or recipient and the payment is not for the benefit of	97667
the applicant or recipient, the payment shall be considered an	97668
improper disposition of assets and shall be subject to section	97669
5111.0116 of the Revised Code and rules to implement that section	97670
adopted under section 5111.011 of the Revised Code.	97671

(d) The date of the disposition shall be the later of the	97672
date of establishment of the trust or the date of the occurrence	97673
of the event.	97674

(e) When determining the value of the disposed asset under	97675
this provision, the value of the trust shall be its value on the	97676
date payment to the applicant or recipient was foreclosed.	97677

(f) Any income earned or other resources added subsequent to	97678
the foreclosure date shall be added to the total value of the	97679
trust.	97680

(g) Any payments to or for the benefit of the applicant or	97681
recipient after the foreclosure date but prior to the application	97682
date shall be subtracted from the total value. Any other payments	97683
shall not be subtracted from the value.	97684

(h) Any addition of assets after the foreclosure date shall	97685
be considered a separate disposition.	97686

(4) If a trust is funded with assets of another person or	97687
persons in addition to assets of the applicant or recipient, the	97688
applicable provisions of this section and rules adopted by the	97689
department of job and family services governing trusts shall apply	97690
only to the portion of the trust attributable to the applicant or	97691
recipient.	97692

(5) The availability of a self-settled trust shall be	97693
considered without regard to any of the following:	97694

(a) The purpose for which the trust is established;

97695

(b) Whether the trustees have exercised or may exercise	97696
discretion under the trust;	97697

(c) Any restrictions on when or whether distributions may be	97698
made from the trust;	97699

(d) Any restrictions on the use of distributions from the	97700
trust.	97701

(6) The baseline date for the look-back period for	97702
dispositions of assets involving a self-settled trust shall be the	97703
date on which the applicant or recipient is both institutionalized	97704
and first applies for medicaid.	97705

(F) The principal or income from any of the following shall	97706
~~be exempt from being counted as~~not be a resource ~~by a county~~	97707
~~department of job and family services~~available to the applicant	97708
or recipient:	97709

(1)(a) A special needs trust that meets all of the following	97710
requirements:	97711

(i) The trust contains assets of an applicant or recipient	97712
under sixty-five years of age and may contain the assets of other	97713
individuals.	97714

(ii) The applicant or recipient is disabled as defined in	97715
rules adopted by the department of job and family services.	97716

(iii) The trust is established for the benefit of the	97717
applicant or recipient by a parent, grandparent, legal guardian,	97718
or a court.	97719

(iv) The trust requires that on the death of the applicant or	97720
recipient the state will receive all amounts remaining in the	97721
trust up to an amount equal to the total amount of medicaid paid	97722
on behalf of the applicant or recipient.	97723

(b) If a special needs trust meets the requirements of	97724
division (F)(1)(a) of this section and has been established for a	97725
disabled applicant or recipient under sixty-five years of age, the	97726
exemption for the trust granted pursuant to division (F) of this	97727
section shall continue after the disabled applicant or recipient	97728
becomes sixty-five years of age if the applicant or recipient	97729
continues to be disabled as defined in rules adopted by the	97730
department of job and family services. Except for income earned by	97731
the trust, the grantor shall not add to or otherwise augment the	97732
trust after the applicant or recipient attains sixty-five years of	97733
age. An addition or augmentation of the trust by the applicant or	97734
recipient with the applicant's own assets after the applicant or	97735
recipient attains sixty-five years of age shall be treated as an	97736
improper disposition of assets.	97737

(c) Cash distributions to the applicant or recipient shall be	97738
counted as unearned income. All other distributions from the trust	97739
shall be treated as provided in rules adopted by the department of	97740
job and family services governing in-kind income.	97741

(d) Transfers of assets to a special needs trust shall not be	97742
treated as an improper transfer of resources. ~~Assets~~An Asset held	97743
prior to the transfer to the trust shall be considered as	97744
~~countable assets or countable~~a resource available to the	97745
applicant or recipient, income available to the applicant or	97746
recipient, or ~~countable assets~~both a resource and income	97747
available to the individual.	97748

(2)(a) A qualifying income trust that meets all of the	97749
following requirements:	97750

(i) The trust is composed only of pension, social security,	97751
and other income to the applicant or recipient, including	97752
accumulated interest in the trust.	97753

(ii) The income is received by the individual and the right	97754
to receive the income is not assigned or transferred to the trust.	97755

(iii) The trust requires that on the death of the applicant	97756
or recipient the state will receive all amounts remaining in the	97757
trust up to an amount equal to the total amount of medicaid paid	97758
on behalf of the applicant or recipient.	97759

(b) No resources shall be used to establish or augment the	97760
trust.	97761

(c) If an applicant or recipient has irrevocably transferred	97762
or assigned the applicant's or recipient's right to receive income	97763
to the trust, the trust shall not be considered a qualifying	97764
income trust by the county department of job and family services.	97765

(d) Income placed in a qualifying income trust shall not be	97766
counted in determining an applicant's or recipient's eligibility	97767
for medicaid. The recipient of the funds may place any income	97768
directly into a qualifying income trust without those funds	97769
adversely affecting the applicant's or recipient's eligibility for	97770
medicaid. Income generated by the trust that remains in the trust	97771
shall not be considered as income to the applicant or recipient.	97772

(e) All income placed in a qualifying income trust shall be	97773
combined with any ~~countable~~ income available to the individual	97774
that is not placed in the trust to arrive at a base income figure	97775
to be used for spend down calculations.	97776

(f) The base income figure shall be used for post-eligibility	97777
deductions, including personal needs allowance, monthly income	97778
allowance, family allowance, and medical expenses not subject to	97779
third party payment. Any income remaining shall be used toward	97780
payment of patient liability. Payments made from a qualifying	97781
income trust shall not be combined with the base income figure for	97782
post-eligibility calculations.	97783

(g) The base income figure shall be used when determining the	97784
spend down budget for the applicant or recipient. Any income	97785
remaining after allowable deductions are permitted as provided	97786
under rules adopted by the department of job and family services	97787
shall be considered the applicant's or recipient's spend down	97788
liability.	97789

(3)(a) A pooled trust that meets all of the following	97790
requirements:	97791

(i) The trust contains the assets of the applicant or	97792
recipient of any age who is disabled as defined in rules adopted	97793
by the department of job and family services.	97794

(ii) The trust is established and managed by a nonprofit	97795
association.	97796

(iii) A separate account is maintained for each beneficiary	97797
of the trust but, for purposes of investment and management of	97798
funds, the trust pools the funds in these accounts.	97799

(iv) Accounts in the trust are established by the applicant	97800
or recipient, the applicant's or recipient's parent, grandparent,	97801
or legal guardian, or a court solely for the benefit of	97802
individuals who are disabled.	97803

(v) The trust requires that, to the extent that any amounts	97804
remaining in the beneficiary's account on the death of the	97805
beneficiary are not retained by the trust, the trust pay to the	97806
state the amounts remaining in the trust up to an amount equal to	97807
the total amount of medicaid paid on behalf of the beneficiary.	97808

(b) Cash distributions to the applicant or recipient shall be	97809
counted as unearned income. All other distributions from the trust	97810
shall be treated as provided in rules adopted by the department of	97811
job and family services governing in-kind income.	97812

(c) Transfers of assets to a pooled trust shall not be	97813
treated as an improper disposition of assets. ~~Assets~~An asset held	97814
prior to the transfer to the trust shall be considered as	97815
~~countable assets, countable~~a resource available to the applicant	97816
or recipient, income available to the applicant or recipient, or	97817
~~countable assets~~both a resource and income available to the	97818
applicant or recipient.	97819

(4) A supplemental services trust that meets the requirements	97820
of section 5815.28 of the Revised Code and to which all of the	97821
following apply:	97822

(a) A person may establish a supplemental services trust	97823
pursuant to section 5815.28 of the Revised Code only for another	97824
person who is eligible to receive services through one of the	97825
following agencies:	97826

(i) The department of developmental disabilities;

97827

(ii) A county board of developmental disabilities;

97828

(iii) The department of mental health;

97829

(iv) A board of alcohol, drug addiction, and mental health	97830
services.	97831

(b) A county department of job and family services shall not	97832
determine eligibility for another agency's program. An applicant	97833
or recipient shall do one of the following:	97834

(i) Provide documentation from one of the agencies listed in	97835
division (F)(4)(a) of this section that establishes that the	97836
applicant or recipient was determined to be eligible for services	97837
from the agency at the time of the creation of the trust;	97838

(ii) Provide an order from a court of competent jurisdiction	97839
that states that the applicant or recipient was eligible for	97840
services from one of the agencies listed in division (F)(4)(a) of	97841
this section at the time of the creation of the trust.	97842

(c) At the time the trust is created, the trust principal	97843
does not exceed the maximum amount permitted. The maximum amount	97844
permitted in calendar year 2006 is two hundred twenty-two thousand	97845
dollars. Each year thereafter, the maximum amount permitted is the	97846
prior year's amount plus two thousand dollars.	97847

(d) A county department of job and family services shall	97848
review the trust to determine whether it complies with the	97849
provisions of section 5815.28 of the Revised Code.	97850

(e) Payments from supplemental services trusts shall be	97851
exempt as long as the payments are for supplemental services as	97852
defined in rules adopted by the department of job and family	97853
services. All supplemental services shall be purchased by the	97854
trustee and shall not be purchased through direct cash payments to	97855
the beneficiary.	97856

(f) If a trust is represented as a supplemental services	97857
trust and a county department of job and family services	97858
determines that the trust does not meet the requirements provided	97859
in division (F)(4) of this section and section 5815.28 of the	97860
Revised Code, the county department of job and family services	97861
shall not consider it an exempt trust.	97862

(G)(1) A trust or legal instrument or device similar to a	97863
trust shall be considered a trust established by an individual for	97864
the benefit of the applicant or recipient if all of the following	97865
apply:	97866

(a) The trust is created by a person other than the applicant	97867
or recipient.	97868

(b) The trust names the applicant or recipient as a	97869
beneficiary.	97870

(c) The trust is funded with assets or property in which the	97871
applicant or recipient has never held an ownership interest prior	97872
to the establishment of the trust.	97873

(2) Any portion of a trust that meets the requirements of	97874
division (G)(1) of this section shall be ~~an available~~a resource	97875
available to the applicant or recipient only if the trust permits	97876
the trustee to expend principal, corpus, or assets of the trust	97877
for the applicant's or recipient's medical care, care, comfort,	97878
maintenance, health, welfare, general well being, or any	97879
combination of these purposes.	97880

(3) A trust that meets the requirements of division (G)(1) of	97881
this section shall be considered ~~an available~~a resource available	97882
to the applicant or recipient even if the trust contains any of	97883
the following types of provisions:	97884

(a) A provision that prohibits the trustee from making	97885
payments that would supplant or replace medicaid or other public	97886
assistance;	97887

(b) A provision that prohibits the trustee from making	97888
payments that would impact or have an effect on the applicant's or	97889
recipient's right, ability, or opportunity to receive medicaid or	97890
other public assistance;	97891

(c) A provision that attempts to prevent the trust or its	97892
corpus or principal from being ~~counted as an available~~a resource	97893
available to the applicant or recipient.	97894

(4) A trust that meets the requirements of division (G)(1) of	97895
this section shall not be counted as ~~an available~~a resource	97896
available to the applicant or recipient if at least one of the	97897
following circumstances applies:	97898

(a) If a trust contains a clear statement requiring the	97899
trustee to preserve a portion of the trust for another beneficiary	97900
or remainderman, that portion of the trust shall not be counted as	97901
~~an available~~a resource available to the applicant or recipient.	97902
Terms of a trust that grant discretion to preserve a portion of	97903
the trust shall not qualify as a clear statement requiring the	97904
trustee to preserve a portion of the trust.	97905

(b) If a trust contains a clear statement requiring the	97906
trustee to use a portion of the trust for a purpose other than	97907
medical care, care, comfort, maintenance, welfare, or general well	97908
being of the applicant or recipient, that portion of the trust	97909
shall not be counted as ~~an available~~a resource available to the	97910
applicant or recipient. Terms of a trust that grant discretion to	97911
limit the use of a portion of the trust shall not qualify as a	97912
clear statement requiring the trustee to use a portion of the	97913
trust for a particular purpose.	97914

(c) If a trust contains a clear statement limiting the	97915
trustee to making fixed periodic payments, the trust shall not be	97916
counted as ~~an available~~a resource available to the applicant or	97917
recipient and payments shall be treated in accordance with rules	97918
adopted by the department of job and family services governing	97919
income. Terms of a trust that grant discretion to limit payments	97920
shall not qualify as a clear statement requiring the trustee to	97921
make fixed periodic payments.	97922

(d) If a trust contains a clear statement that requires the	97923
trustee to terminate the trust if it is counted as ~~an available~~a	97924
resource available to the applicant or recipient, the trust shall	97925
not be counted as ~~an available resource~~such. Terms of a trust	97926
that grant discretion to terminate the trust do not qualify as a	97927
clear statement requiring the trustee to terminate the trust.	97928

(e) If a person obtains a judgment from a court of competent	97929
jurisdiction that expressly prevents the trustee from using part	97930
or all of the trust for the medical care, care, comfort,	97931
maintenance, welfare, or general well being of the applicant or	97932
recipient, the trust or that portion of the trust subject to the	97933
court order shall not be counted as a resource available to the	97934
applicant or recipient.	97935

(f) If a trust is specifically exempt from being counted as	97936
~~an available~~a resource available to the applicant or recipient by	97937
a provision of the Revised Code, rules, or federal law, the trust	97938
shall not be counted as ~~a resource~~such.	97939

(g) If an applicant or recipient presents a final judgment	97940
from a court demonstrating that the applicant or recipient was	97941
unsuccessful in a civil action against the trustee to compel	97942
payments from the trust, the trust shall not be counted as an	97943
~~available~~a resource available to the applicant or recipient.	97944

(h) If an applicant or recipient presents a final judgment	97945
from a court demonstrating that in a civil action against the	97946
trustee the applicant or recipient was only able to compel limited	97947
or periodic payments, the trust shall not be counted as an	97948
~~available~~a resource available to the applicant or recipient and	97949
payments shall be treated in accordance with rules adopted by the	97950
department of job and family services governing income.	97951

(i) If an applicant or recipient provides written	97952
documentation showing that the cost of a civil action brought to	97953
compel payments from the trust would be cost prohibitive, the	97954
trust shall not be counted as ~~an available~~a resource available to	97955
the applicant or recipient.	97956

(5) Any actual payments to the applicant or recipient from a	97957
trust that meet the requirements of division (G)(1) of this	97958
section, including trusts that are not counted as ~~an available~~a	97959
resource available to the applicant or recipient, shall be treated	97960
as provided in rules adopted by the department of job and family	97961
services governing income. Payments to any person other than the	97962
applicant or recipient shall not be considered income to the	97963
applicant or recipient. Payments from the trust to a person other	97964
than the applicant or recipient shall not be considered an	97965
improper disposition of assets.	97966

Sec. 5111.16. (A) As part of the medicaid program, the	97967
department of job and family services shall establish a care	97968
management system. The department shall submit, if necessary,	97969
applications to the United States department of health and human	97970
services for waivers of federal medicaid requirements that would	97971
otherwise be violated in the implementation of the system.	97972

(B) The department shall implement the care management system	97973
in some or all counties and shall designate the medicaid	97974
recipients who are required or permitted to participate in the	97975
system. In the department's implementation of the system and	97976
designation of participants, all of the following apply:	97977

(1) In the case of individuals who receive medicaid on the	97978
basis of being included in the category identified by the	97979
department as covered families and children, the department shall	97980
implement the care management system in all counties. All	97981
individuals included in the category shall be designated for	97982
participation, except for individuals included in one or more of	97983
the medicaid recipient groups specified in 42 C.F.R. 438.50(d).	97984
The department shall ensure that all participants are enrolled in	97985
health insuring corporations under contract with the department	97986
pursuant to section 5111.17 of the Revised Code.	97987

(2) In the case of individuals who receive medicaid on the	97988
basis of being aged, blind, or disabled, as specified in division	97989
(A)(2) of section 5111.01 of the Revised Code, the department	97990
shall implement the care management system in all counties. ~~All~~	97991
Except as provided in division (C) of this section, all	97992
individuals included in the category shall be designated for	97993
participation~~, except for the individuals specified in divisions~~	97994
~~(B)(2)(a) to (e) of this section~~. The department shall ensure that	97995
all participants are enrolled in health insuring corporations	97996
under contract with the department pursuant to section 5111.17 of	97997
the Revised Code.	97998

In(3) Alcohol, drug addiction, and mental health services	97999
covered by medicaid shall not be included in any component of the	98000
care management system when the nonfederal share of the cost of	98001
those services is provided by a board of alcohol, drug addiction,	98002
and mental health services or a state agency other than the	98003
department of job and family services, but the recipients of those	98004
services may otherwise be designated for participation in the	98005
system.	98006

(C)(1) In designating participants who receive medicaid on	98007
the basis of being aged, blind, or disabled, the department shall	98008
not include any of the following, except as provided under	98009
division (C)(2) of this section:	98010

(a) Individuals who are under twenty-one years of age;

98011

(b) Individuals who are institutionalized;

98012

(c) Individuals who become eligible for medicaid by spending	98013
down their income or resources to a level that meets the medicaid	98014
program's financial eligibility requirements;	98015

(d) Individuals who are dually eligible under the medicaid	98016
program and the medicare program established under Title XVIII of	98017
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as	98018
amended;	98019

(e) Individuals to the extent that they are receiving	98020
medicaid services through a medicaid waiver component, as defined	98021
in section 5111.85 of the Revised Code.	98022

~~(3) Alcohol, drug addiction, and mental health services~~	98023
~~covered by medicaid shall not be included in any component of the~~	98024
~~care management system when the nonfederal share of the cost of~~	98025
~~those services is provided by a board of alcohol, drug addiction,~~	98026
~~and mental health services or a state agency other than the~~	98027
~~department of job and family services, but the recipients of those~~	98028
~~services may otherwise be designated for participation in the~~	98029
~~system.~~	98030

~~(C)~~(2) If any necessary waiver of federal medicaid	98031
requirements is granted, the department may designate any of the	98032
following individuals who receive medicaid on the basis of being	98033
aged, blind, or disabled as individuals who are permitted or	98034
required to participate in the care management system:	98035

(a) Individuals who are under twenty-one years of age;

98036

(b) Individuals who reside in a nursing facility, as defined	98037
in section 5111.20 of the Revised Code;	98038

(c) Individuals who, as an alternative to receiving nursing	98039
facility services, are participating in a home and community-based	98040
services medicaid waiver component, as defined in section 5111.85	98041
of the Revised Code;	98042

(d) Individuals who are dually eligible under the medicaid	98043
program and the medicare program.	98044

(D) Subject to division (B) of this section, the department	98045
may do both of the following under the care management system:	98046

(1) Require or permit participants in the system to obtain	98047
health care services from providers designated by the department;	98048

(2) Require or permit participants in the system to obtain	98049
health care services through managed care organizations under	98050
contract with the department pursuant to section 5111.17 of the	98051
Revised Code.	98052

~~(D)~~(E)(1) The department shall prepare an annual report on	98053
the care management system. The report shall address the	98054
department's ability to implement the system, including all of the	98055
following components:	98056

(a) The required designation of participants included in the	98057
category identified by the department as covered families and	98058
children;	98059

(b) The required designation of participants included in the	98060
aged, blind, or disabled category of medicaid recipients;	98061

98062

(2) The department shall submit each annual report to the	98063
general assembly. The first report shall be submitted not later	98064
than October 1, 2007.	98065

~~(E)~~(F) The director of job and family services may adopt	98066
rules in accordance with Chapter 119. of the Revised Code to	98067
implement this section.	98068

Sec. 5111.161. (A) As used in this section:

98069

(1) "Children's care network" means any of the following:

98070

(a) A children's hospital;

98071

(b) A group of children's hospitals;

98072

98073

(2) "Children's hospital" has the same meaning as in section	98074
2151.86 of the Revised Code.	98075

(B) If the department of job and family services includes in	98076
the care management system, pursuant to section 5111.16 of the	98077
Revised Code, individuals under twenty-one years of age included	98078
in the category of individuals who receive medicaid on the basis	98079
of being aged, blind, or disabled, as specified in division (A)(2)	98080
of section 5111.01 of the Revised Code, the department shall	98081
develop a system to recognize entities as pediatric accountable	98082
care organizations. The purpose of the recognition system shall be	98083
to meet the complex medical and behavioral needs of disabled	98084
children through new approaches to care coordination. The	98085
department shall implement the recognition system not later than	98086
July 1, 2012.	98087

An entity recognized by the department as a pediatric	98088
accountable care organization may develop innovative partnerships	98089
between relevant groups and may contract directly or subcontract	98090
with the state to provide services to the medicaid recipients	98091
under twenty-one years of age described in this division who are	98092
permitted or required to participate in the care management	98093
system.	98094

(C)(1) To be recognized by the department as a pediatric	98095
accountable care organization, an entity shall meet the standards	98096
established in rules adopted under this section. Unless required	98097
by sections 2706 and 3022 of the "Patient Protection and	98098
Affordable Care Act," 124 Stat. 325 (2010) and Title XVIII of the	98099
"Social Security Act," 124 Stat. 395 (2010), 42 U.S.C. 1395jjj,	98100
the regulations adopted pursuant to those sections, and the laws	98101
of this state, the department shall not require that an entity be	98102
a health insuring corporation as a condition of receiving the	98103
department's recognition.	98104

(2) Any of the following entities may receive the	98105
department's recognition, if the standards for recognition have	98106
been met:	98107

(a) A children's care network;

98108

(b) A children's care network that may include one or more	98109
other entities, including, but not limited to, health insuring	98110
corporations or other managed care organizations;	98111

98112

(D) The department shall consult with all of the following in	98113
adopting rules under division (E) of this section necessary for an	98114
entity to be recognized by the department as a pediatric	98115
accountable care organization:	98116

(1) The superintendent of insurance;

98117

(2) Children's hospitals;

98118

(3) Managed care organizations under contract pursuant to	98119
section 5111.17 of the Revised Code;	98120

(4) Any other relevant entities, as determined necessary by	98121
the department, with interests in pediatric accountable care	98122
organizations.	98123

(E) The department shall adopt rules in accordance with	98124
Chapter 119. of the Revised Code as necessary to implement this	98125
section. In adopting the rules, the department shall do all of the	98126
following:	98127

(1) Establish application procedures to be followed by an	98128
entity seeking recognition as a pediatric accountable care	98129
organization;	98130

(2) Ensure that the standards for recognition as a pediatric	98131
accountable care organization are the same as and do not conflict	98132
with those specified in sections 2706 and 3022 of the "Patient	98133
Protection and Affordable Care Act," 124 Stat. 325 (2010) and	98134
Title XVIII of the "Social Security Act," 124 Stat. 395 (2010), 42	98135
U.S.C. 1395jjj or the regulations adopted pursuant to those	98136
sections;	98137

(3) Establish requirements regarding the access to pediatric	98138
specialty care provided through or by a pediatric accountable care	98139
organization;	98140

(4) Establish accountability and financial requirements for	98141
an entity recognized as a pediatric accountable care organization;	98142

(5) Establish quality improvement initiatives consistent with	98143
any state medicaid quality plan established by the department;	98144

(6) Establish transparency and consumer protection	98145
requirements for an entity recognized as a pediatric accountable	98146
care organization;	98147

(7) Establish a process for sharing data.

98148

(F) This section does not limit the authority of the	98149
department of insurance to regulate the business of insurance in	98150
this state.	98151

Sec. 5111.17. (A) The department of job and family services	98152
may enter into contracts with managed care organizations,	98153
including health insuring corporations, under which the	98154
organizations are authorized to provide, or arrange for the	98155
provision of, health care services to medical assistance	98156
recipients who are required or permitted to obtain health care	98157
services through managed care organizations as part of the care	98158
management system established under section 5111.16 of the Revised	98159
Code.	98160

(B) The department or its actuary shall base the hospital	98161
inpatient capital payment portion of the payment made to managed	98162
care organizations on data for services provided to all recipients	98163
enrolled in managed care organizations with which the department	98164
contracts, as reported by hospitals on relevant cost reports	98165
submitted pursuant to rules adopted under this section.	98166

(C) The director of job and family services may adopt rules	98167
in accordance with Chapter 119. of the Revised Code to implement	98168
this section.	98169

~~(C)~~(D) The department of job and family services shall allow	98170
a managed care ~~plans~~organization to use providers to render care	98171
upon completion of the managed care ~~plan's~~organization's	98172
credentialing process.	98173

Sec. 5111.172. (A) When contracting under section 5111.17 of	98174
the Revised Code with a managed care organization that is a health	98175
insuring corporation, the department of job and family services	98176
~~may~~shall require the health insuring corporation to provide	98177
coverage of prescription drugs for medicaid recipients enrolled in	98178
the health insuring corporation. In providing the required	98179
coverage, the health insuring corporation may, subject to the	98180
department's approval and the limitations specified in division	98181
(B) of this section, use strategies for the management of drug	98182
utilization.	98183

(B) The department shall not permit a health insuring	98184
corporation to impose a prior authorization requirement in the	98185
case of a drug to which all of the following apply:	98186

(1) The drug is an antidepressant or antipsychotic.

98187

(2) The drug is administered or dispensed in a standard	98188
tablet or capsule form, except that in the case of an	98189
antipsychotic, the drug also may be administered or dispensed in a	98190
long-acting injectable form.	98191

(3) The drug is prescribed by either of the following:

98192

(a) A physician whom the health insuring corporation,	98193
pursuant to division (C) of section 5111.17 of the Revised Code,	98194
has credentialed to provide care as a psychiatrist;	98195

(b) A psychiatrist practicing at a community mental health	98196
agency certified by the department of mental health under section	98197
5119.611 of the Revised Code.	98198

(4) The drug is prescribed for a use that is indicated on the	98199
drug's labeling, as approved by the federal food and drug	98200
administration.	98201

(C) As used in this division, "controlled substance" has the	98202
same meaning as in section 3719.01 of the Revised Code.	98203

IfThe department shall permit a health insuring corporation	98204
~~is required under this section to provide coverage of prescription~~	98205
~~drugs, the department shall permit the health insuring corporation~~	98206
to develop and implement a pharmacy utilization management program	98207
under which prior authorization through the program is established	98208
as a condition of obtaining a controlled substance pursuant to a	98209
prescription. The program may include processes for requiring	98210
medicaid recipients at high risk for fraud or abuse involving	98211
controlled substances to have their prescriptions for controlled	98212
substances filled by a pharmacy, medical provider, or health care	98213
facility designated by the program.	98214

Sec. 5111.1711. (A)(1) The department of job and family	98215
services shall establish a managed care performance payment	98216
program. Under the program, the department may provide payments to	98217
managed care organizations under contract with the department	98218
pursuant to section 5111.17 of the Revised Code that meet	98219
performance standards established by the department.	98220

(2) In establishing performance standards, the department may	98221
consult any of the following:	98222

(a) Any quality measurements developed under the pediatric	98223
quality measures program established pursuant to 42 U.S.C.	98224
1320b-9a;	98225

(b) Any core set of adult health quality measures for	98226
medicaid eligible adults used for purposes of 42 U.S.C. 1320b-9b	98227
and any adult health quality used for purposes of the medicaid	98228
quality measurement program when the program is established under	98229
42 U.S.C. 1320b-9b;	98230

(c) The most recent healthcare effectiveness data and	98231
information set and quality measurement tool established by the	98232
national committee for quality assurance.	98233

(3) The standards that must be met to receive the payments	98234
may be specified in the contract the department enters into with a	98235
managed care organization.	98236

(4) If a managed care organization meets the performance	98237
standards established by the department, the department shall make	98238
one or more performance payments to the organization. The amount	98239
of each performance payment, the number of payments, and the	98240
schedule for making the payments shall be established by the	98241
department. The payments shall be discontinued if the department	98242
determines that the organization no longer meets the performance	98243
standards. The department shall not make or discontinue payments	98244
based on any performance standard that has been in effect as part	98245
of the organization's contract for less than six months.	98246

(B) For purposes of the program, the department shall	98247
establish an amount that is to be withheld each time a premium	98248
payment is made to a managed care organization. The amount shall	98249
be established as a percentage of each premium payment. The	98250
percentage shall be the same for all managed care organizations	98251
under contract with the department. The sum of all withholdings	98252
under this division shall not exceed one per cent of the total of	98253
all premium payments made to all managed care organizations under	98254
contract with the department.	98255

Each managed care organization shall agree to the withholding	98256
as a condition of receiving or maintaining its medicaid provider	98257
agreement with the department.	98258

When the amount is established and each time the amount is	98259
modified thereafter, the department shall certify the amount to	98260
the director of budget and management and begin withholding the	98261
amount from each premium the department pays to a managed care	98262
organization.	98263

(C) There is hereby created in the state treasury the managed	98264
care performance payment fund. The fund shall consist of amounts	98265
transferred to it by the director of budget and management for the	98266
purpose of the program. All investment earnings of the fund shall	98267
be credited to the fund. Amounts in the fund shall be used solely	98268
to make performance payments to managed care organizations in	98269
accordance with this section.	98270

(D) The department may adopt rules as necessary to implement	98271
this section. The rules shall be adopted in accordance with	98272
Chapter 119. of the Revised Code.	98273

Sec. 5111.20. As used in sections 5111.20 to ~~5111.34~~	98274
5111.331 of the Revised Code:	98275

(A) "Allowable costs" are those costs determined by the	98276
department of job and family services to be reasonable and do not	98277
include fines paid under sections 5111.35 to 5111.61 and section	98278
5111.99 of the Revised Code.	98279

(B) "Ancillary and support costs" means all reasonable costs	98280
incurred by a nursing facility other than direct care costs or	98281
capital costs. "Ancillary and support costs" includes, but is not	98282
limited to, costs of activities, social services, pharmacy	98283
consultants, habilitation supervisors, qualified mental	98284
retardation professionals, program directors, medical and	98285
habilitation records, program supplies, incontinence supplies,	98286
food, enterals, dietary supplies and personnel, laundry,	98287
housekeeping, security, administration, medical equipment,	98288
utilities, liability insurance, bookkeeping, purchasing	98289
department, human resources, communications, travel, dues, license	98290
fees, subscriptions, home office costs not otherwise allocated,	98291
legal services, accounting services, minor equipment, wheelchairs,	98292
resident transportation, maintenance and repairs, help-wanted	98293
advertising, informational advertising, start-up costs,	98294
organizational expenses, other interest, property insurance,	98295
employee training and staff development, employee benefits,	98296
payroll taxes, and workers' compensation premiums or costs for	98297
self-insurance claims and related costs as specified in rules	98298
adopted by the director of job and family services under section	98299
5111.02 of the Revised Code, for personnel listed in this	98300
division. "Ancillary and support costs" also means the cost of	98301
equipment, including vehicles, acquired by operating lease	98302
executed before December 1, 1992, if the costs are reported as	98303
administrative and general costs on the facility's cost report for	98304
the cost reporting period ending December 31, 1992.	98305

(C) "Capital costs" means costs of ownership and, in the case	98306
of an intermediate care facility for the mentally retarded, costs	98307
of nonextensive renovation.	98308

(1) "Cost of ownership" means the actual expense incurred for	98309
all of the following:	98310

(a) Depreciation and interest on any capital assets that cost	98311
five hundred dollars or more per item, including the following:	98312

(i) Buildings;

98313

(ii) Building improvements that are not approved as	98314
nonextensive renovations under section 5111.251 of the Revised	98315
Code;	98316

(iii) Except as provided in division (B) of this section,	98317
equipment;	98318

(iv) In the case of an intermediate care facility for the	98319
mentally retarded, extensive renovations;	98320

(v) Transportation equipment.

98321

(b) Amortization and interest on land improvements and	98322
leasehold improvements;	98323

98324

(d) Except as provided in division (K) of this section, lease	98325
and rent of land, building, and equipment.	98326

The costs of capital assets of less than five hundred dollars	98327
per item may be considered capital costs in accordance with a	98328
provider's practice.	98329

(2) "Costs of nonextensive renovation" means the actual	98330
expense incurred by an intermediate care facility for the mentally	98331
retarded for depreciation or amortization and interest on	98332
renovations that are not extensive renovations.	98333

(D) "Capital lease" and "operating lease" shall be construed	98334
in accordance with generally accepted accounting principles.	98335

(E) "Case-mix score" means the measure determined under	98336
section 5111.232 of the Revised Code of the relative direct-care	98337
resources needed to provide care and habilitation to a resident of	98338
a nursing facility or intermediate care facility for the mentally	98339
retarded.	98340

(F)(1) "Date of licensure," for a facility originally	98341
licensed as a nursing home under Chapter 3721. of the Revised	98342
Code, means the date specific beds were originally licensed as	98343
nursing home beds under that chapter, regardless of whether they	98344
were subsequently licensed as residential facility beds under	98345
section 5123.19 of the Revised Code. For a facility originally	98346
licensed as a residential facility under section 5123.19 of the	98347
Revised Code, "date of licensure" means the date specific beds	98348
were originally licensed as residential facility beds under that	98349
section.	98350

If nursing home beds licensed under Chapter 3721. of the	98351
Revised Code or residential facility beds licensed under section	98352
5123.19 of the Revised Code were not required by law to be	98353
licensed when they were originally used to provide nursing home or	98354
residential facility services, "date of licensure" means the date	98355
the beds first were used to provide nursing home or residential	98356
facility services, regardless of the date the present provider	98357
obtained licensure.	98358

If a facility adds nursing home beds or residential facility	98359
beds or extensively renovates all or part of the facility after	98360
its original date of licensure, it will have a different date of	98361
licensure for the additional beds or extensively renovated portion	98362
of the facility, unless the beds are added in a space that was	98363
constructed at the same time as the previously licensed beds but	98364
was not licensed under Chapter 3721. or section 5123.19 of the	98365
Revised Code at that time.	98366

(2) The definition of "date of licensure" in this section	98367
applies in determinations of the medicaid reimbursement rate for a	98368
nursing facility or intermediate care facility for the mentally	98369
retarded but does not apply in determinations of the franchise	98370
permit fee for a nursing facility or intermediate care facility	98371
for the mentally retarded.	98372

(G) "Desk-reviewed" means that costs as reported on a cost	98373
report submitted under section 5111.26 of the Revised Code have	98374
been subjected to a desk review under division (A) of section	98375
5111.27 of the Revised Code and preliminarily determined to be	98376
allowable costs.	98377

(H) "Direct care costs" means all of the following:

98378

(1)(a) Costs for registered nurses, licensed practical	98379
nurses, and nurse aides employed by the facility;	98380

(b) Costs for direct care staff, administrative nursing	98381
staff, medical directors, respiratory therapists, and except as	98382
provided in division (H)(2) of this section, other persons holding	98383
degrees qualifying them to provide therapy;	98384

98385

(d) Costs of quality assurance;

98386

(e) Costs of training and staff development, employee	98387
benefits, payroll taxes, and workers' compensation premiums or	98388
costs for self-insurance claims and related costs as specified in	98389
rules adopted by the director of job and family services in	98390
accordance with Chapter 119. of the Revised Code, for personnel	98391
listed in divisions (H)(1)(a), (b), and (d) of this section;	98392

(f) Costs of consulting and management fees related to direct	98393
care;	98394

(g) Allocated direct care home office costs.

98395

(2) In addition to the costs specified in division (H)(1) of	98396
this section, for nursing facilities only, direct care costs	98397
include costs of habilitation staff (other than habilitation	98398
supervisors), medical supplies, oxygen, over-the-counter pharmacy	98399
products, behavioral and mental health services, physical	98400
therapists, physical therapy assistants, occupational therapists,	98401
occupational therapy assistants, speech therapists, audiologists,	98402
habilitation supplies, and universal precautions supplies.	98403

(3) In addition to the costs specified in division (H)(1) of	98404
this section, for intermediate care facilities for the mentally	98405
retarded only, direct care costs include both of the following:	98406

(a) Costs for physical therapists and physical therapy	98407
assistants, occupational therapists and occupational therapy	98408
assistants, speech therapists, audiologists, habilitation staff	98409
(including habilitation supervisors), qualified mental retardation	98410
professionals, program directors, social services staff,	98411
activities staff, off-site day programming, psychologists and	98412
psychology assistants, and social workers and counselors;	98413

(b) Costs of training and staff development, employee	98414
benefits, payroll taxes, and workers' compensation premiums or	98415
costs for self-insurance claims and related costs as specified in	98416
rules adopted under section 5111.02 of the Revised Code, for	98417
personnel listed in division (H)(3)(a) of this section.	98418

(4) Costs of other direct-care resources that are specified	98419
as direct care costs in rules adopted under section 5111.02 of the	98420
Revised Code.	98421

(I) "Fiscal year" means the fiscal year of this state, as	98422
specified in section 9.34 of the Revised Code.	98423

(J) "Franchise permit fee" means the following:

98424

(1) In the context of nursing facilities, the fee imposed by	98425
sections 3721.50 to 3721.58 of the Revised Code;	98426

(2) In the context of intermediate care facilities for the	98427
mentally retarded, the fee imposed by sections 5112.30 to 5112.39	98428
of the Revised Code.	98429

(K) "Indirect care costs" means all reasonable costs incurred	98430
by an intermediate care facility for the mentally retarded other	98431
than direct care costs, other protected costs, or capital costs.	98432
"Indirect care costs" includes but is not limited to costs of	98433
habilitation supplies, pharmacy consultants, medical and	98434
habilitation records, program supplies, incontinence supplies,	98435
food, enterals, dietary supplies and personnel, laundry,	98436
housekeeping, security, administration, liability insurance,	98437
bookkeeping, purchasing department, human resources,	98438
communications, travel, dues, license fees, subscriptions, home	98439
office costs not otherwise allocated, legal services, accounting	98440
services, minor equipment, maintenance and repairs, help-wanted	98441
advertising, informational advertising, start-up costs,	98442
organizational expenses, other interest, property insurance,	98443
employee training and staff development, employee benefits,	98444
payroll taxes, and workers' compensation premiums or costs for	98445
self-insurance claims and related costs as specified in rules	98446
adopted under section 5111.02 of the Revised Code, for personnel	98447
listed in this division. Notwithstanding division (C)(1) of this	98448
section, "indirect care costs" also means the cost of equipment,	98449
including vehicles, acquired by operating lease executed before	98450
December 1, 1992, if the costs are reported as administrative and	98451
general costs on the facility's cost report for the cost reporting	98452
period ending December 31, 1992.	98453

(L) "Inpatient days" means all days during which a resident,	98454
regardless of payment source, occupies a bed in a nursing facility	98455
or intermediate care facility for the mentally retarded that is	98456
included in the facility's certified capacity under Title XIX.	98457
Therapeutic or hospital leave days for which payment is made under	98458
section 5111.33 or 5111.331 of the Revised Code are considered	98459
inpatient days proportionate to the percentage of the facility's	98460
per resident per day rate paid for those days.	98461

(M) "Intermediate care facility for the mentally retarded"	98462
means an intermediate care facility for the mentally retarded	98463
certified as in compliance with applicable standards for the	98464
medicaid program by the director of health in accordance with	98465
Title XIX.	98466

(N) "Maintenance and repair expenses" means, except as	98467
provided in division (BB)(2) of this section, expenditures that	98468
are necessary and proper to maintain an asset in a normally	98469
efficient working condition and that do not extend the useful life	98470
of the asset two years or more. "Maintenance and repair expenses"	98471
includes but is not limited to the cost of ordinary repairs such	98472
as painting and wallpapering.	98473

(O) "Medicaid days" means all days during which a resident	98474
who is a ~~Medicaid~~medicaid recipient eligible for nursing facility	98475
services occupies a bed in a nursing facility that is included in	98476
the nursing facility's certified capacity under Title XIX.	98477
Therapeutic or hospital leave days for which payment is made under	98478
section 5111.33 or 5111.331 of the Revised Code are considered	98479
~~Medicaid~~medicaid days proportionate to the percentage of the	98480
nursing facility's per resident per day rate paid for those days.	98481

(P) "Nursing facility" means a facility, or a distinct part	98482
of a facility, that is certified as a nursing facility by the	98483
director of health in accordance with Title XIX and is not an	98484
intermediate care facility for the mentally retarded. "Nursing	98485
facility" includes a facility, or a distinct part of a facility,	98486
that is certified as a nursing facility by the director of health	98487
in accordance with Title XIX and is certified as a skilled nursing	98488
facility by the director in accordance with Title XVIII.	98489

(Q) "Operator" means the person or government entity	98490
responsible for the daily operating and management decisions for a	98491
nursing facility or intermediate care facility for the mentally	98492
retarded.	98493

(R) "Other protected costs" means costs incurred by an	98494
intermediate care facility for the mentally retarded for medical	98495
supplies; real estate, franchise, and property taxes; natural gas,	98496
fuel oil, water, electricity, sewage, and refuse and hazardous	98497
medical waste collection; allocated other protected home office	98498
costs; and any additional costs defined as other protected costs	98499
in rules adopted under section 5111.02 of the Revised Code.	98500

(S)(1) "Owner" means any person or government entity that has	98501
at least five per cent ownership or interest, either directly,	98502
indirectly, or in any combination, in any of the following	98503
regarding a nursing facility or intermediate care facility for the	98504
mentally retarded:	98505

(a) The land on which the facility is located;

98506

(b) The structure in which the facility is located;

98507

(c) Any mortgage, contract for deed, or other obligation	98508
secured in whole or in part by the land or structure on or in	98509
which the facility is located;	98510

(d) Any lease or sublease of the land or structure on or in	98511
which the facility is located.	98512

(2) "Owner" does not mean a holder of a debenture or bond	98513
related to the nursing facility or intermediate care facility for	98514
the mentally retarded and purchased at public issue or a regulated	98515
lender that has made a loan related to the facility unless the	98516
holder or lender operates the facility directly or through a	98517
subsidiary.	98518

(T) "Patient" includes "resident."

98519

(U) Except as provided in divisions (U)(1) and (2) of this	98520
section, "per diem" means a nursing facility's or intermediate	98521
care facility for the mentally retarded's actual, allowable costs	98522
in a given cost center in a cost reporting period, divided by the	98523
facility's inpatient days for that cost reporting period.	98524

(1) When calculating indirect care costs for the purpose of	98525
establishing rates under section 5111.241 of the Revised Code,	98526
"per diem" means an intermediate care facility for the mentally	98527
retarded's actual, allowable indirect care costs in a cost	98528
reporting period divided by the greater of the facility's	98529
inpatient days for that period or the number of inpatient days the	98530
facility would have had during that period if its occupancy rate	98531
had been eighty-five per cent.	98532

(2) When calculating capital costs for the purpose of	98533
establishing rates under section 5111.251 of the Revised Code,	98534
"per diem" means a facility's actual, allowable capital costs in a	98535
cost reporting period divided by the greater of the facility's	98536
inpatient days for that period or the number of inpatient days the	98537
facility would have had during that period if its occupancy rate	98538
had been ninety-five per cent.	98539

(V) "Provider" means an operator with a provider agreement.

98540

(W) "Provider agreement" means a contract between the	98541
department of job and family services and the operator of a	98542
nursing facility or intermediate care facility for the mentally	98543
retarded for the provision of nursing facility services or	98544
intermediate care facility services for the mentally retarded	98545
under the medicaid program.	98546

(X) "Purchased nursing services" means services that are	98547
provided in a nursing facility by registered nurses, licensed	98548
practical nurses, or nurse aides who are not employees of the	98549
facility.	98550

(Y) "Reasonable" means that a cost is an actual cost that is	98551
appropriate and helpful to develop and maintain the operation of	98552
patient care facilities and activities, including normal standby	98553
costs, and that does not exceed what a prudent buyer pays for a	98554
given item or services. Reasonable costs may vary from provider to	98555
provider and from time to time for the same provider.	98556

(Z) "Related party" means an individual or organization that,	98557
to a significant extent, has common ownership with, is associated	98558
or affiliated with, has control of, or is controlled by, the	98559
provider.	98560

(1) An individual who is a relative of an owner is a related	98561
party.	98562

(2) Common ownership exists when an individual or individuals	98563
possess significant ownership or equity in both the provider and	98564
the other organization. Significant ownership or equity exists	98565
when an individual or individuals possess five per cent ownership	98566
or equity in both the provider and a supplier. Significant	98567
ownership or equity is presumed to exist when an individual or	98568
individuals possess ten per cent ownership or equity in both the	98569
provider and another organization from which the provider	98570
purchases or leases real property.	98571

(3) Control exists when an individual or organization has the	98572
power, directly or indirectly, to significantly influence or	98573
direct the actions or policies of an organization.	98574

(4) An individual or organization that supplies goods or	98575
services to a provider shall not be considered a related party if	98576
all of the following conditions are met:	98577

(a) The supplier is a separate bona fide organization.

98578

(b) A substantial part of the supplier's business activity of	98579
the type carried on with the provider is transacted with others	98580
than the provider and there is an open, competitive market for the	98581
types of goods or services the supplier furnishes.	98582

(c) The types of goods or services are commonly obtained by	98583
other nursing facilities or intermediate care facilities for the	98584
mentally retarded from outside organizations and are not a basic	98585
element of patient care ordinarily furnished directly to patients	98586
by the facilities.	98587

(d) The charge to the provider is in line with the charge for	98588
the goods or services in the open market and no more than the	98589
charge made under comparable circumstances to others by the	98590
supplier.	98591

(AA) "Relative of owner" means an individual who is related	98592
to an owner of a nursing facility or intermediate care facility	98593
for the mentally retarded by one of the following relationships:	98594

(1) Spouse;

98595

(2) Natural parent, child, or sibling;

98596

(3) Adopted parent, child, or sibling;

98597

(4) Stepparent, stepchild, stepbrother, or stepsister;

98598

(5) Father-in-law, mother-in-law, son-in-law,	98599
daughter-in-law, brother-in-law, or sister-in-law;	98600

(6) Grandparent or grandchild;

98601

(7) Foster caregiver, foster child, foster brother, or foster	98602
sister.	98603

(BB) "Renovation" and "extensive renovation" mean:

98604

(1) Any betterment, improvement, or restoration of an	98605
intermediate care facility for the mentally retarded started	98606
before July 1, 1993, that meets the definition of a renovation or	98607
extensive renovation established in rules adopted by the director	98608
of job and family services in effect on December 22, 1992.	98609

(2) In the case of betterments, improvements, and	98610
restorations of intermediate care facilities for the mentally	98611
retarded started on or after July 1, 1993:	98612

(a) "Renovation" means the betterment, improvement, or	98613
restoration of an intermediate care facility for the mentally	98614
retarded beyond its current functional capacity through a	98615
structural change that costs at least five hundred dollars per	98616
bed. A renovation may include betterment, improvement,	98617
restoration, or replacement of assets that are affixed to the	98618
building and have a useful life of at least five years. A	98619
renovation may include costs that otherwise would be considered	98620
maintenance and repair expenses if they are an integral part of	98621
the structural change that makes up the renovation project.	98622
"Renovation" does not mean construction of additional space for	98623
beds that will be added to a facility's licensed or certified	98624
capacity.	98625

(b) "Extensive renovation" means a renovation that costs more	98626
than sixty-five per cent and no more than eighty-five per cent of	98627
the cost of constructing a new bed and that extends the useful	98628
life of the assets for at least ten years.	98629

For the purposes of division (BB)(2) of this section, the	98630
cost of constructing a new bed shall be considered to be forty	98631
thousand dollars, adjusted for the estimated rate of inflation	98632
from January 1, 1993, to the end of the calendar year during which	98633
the renovation is completed, using the consumer price index for	98634
shelter costs for all urban consumers for the north central	98635
region, as published by the United States bureau of labor	98636
statistics.	98637

The department of job and family services may treat a	98638
renovation that costs more than eighty-five per cent of the cost	98639
of constructing new beds as an extensive renovation if the	98640
department determines that the renovation is more prudent than	98641
construction of new beds.	98642

(CC) "Title XIX" means Title XIX of the "Social Security	98643
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	98644

(DD) "Title XVIII" means Title XVIII of the "Social Security	98645
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	98646

Sec. 5111.21. (A) In order to be eligible for medicaid	98647
payments, the operator of a nursing facility or intermediate care	98648
facility for the mentally retarded shall do all of the following:	98649

(1) Enter into a provider agreement with the department as	98650
provided in section 5111.22, 5111.671, or 5111.672 of the Revised	98651
Code;	98652

(2) Apply for and maintain a valid license to operate if so	98653
required by law;	98654

(3) Subject to division (B) of this section, comply with all	98655
applicable state and federal laws and rules.	98656

(B) A state rule that requires the operator of an	98657
intermediate care facility for the mentally retarded to have	98658
received approval of a plan for the proposed facility pursuant to	98659
section 5123.042 of the Revised Code as a condition of the	98660
operator being eligible for medicaid payments for the facility	98661
does not apply if, under former section 5123.193 of the Revised	98662
Code as enacted by Am. Sub. H.B. 1 of the 128th general assembly	98663
or section 5123.197 of the Revised Code, a residential facility	98664
license was obtained or modified for the facility without	98665
obtaining approval of such a plan.	98666

(C)(1) Except as provided in division (C)(2) of this section,	98667
the operator of a nursing facility that elects to obtain and	98668
maintain eligibility for payments under the medicaid program shall	98669
qualify all of the facility's medicaid-certified beds in the	98670
medicare program established by Title XVIII. The director of job	98671
and family services may adopt rules under section 5111.02 of the	98672
Revised Code to establish the time frame in which a nursing	98673
facility must comply with this requirement.	98674

(2) The department of veterans services is not required to	98675
qualify all of the medicaid-certified beds in a nursing facility	98676
the agency maintains and operates under section 5907.01 of the	98677
Revised Code in the medicare program.	98678

Sec. 5111.211. (A) Except as provided in ~~division~~divisions	98679
(C) and (D) of this section, the department of developmental	98680
disabilities is responsible for the nonfederal share of claims	98681
submitted for services that are covered by the medicaid program	98682
and provided to an eligible medicaid recipient by an intermediate	98683
care facility for the mentally retarded if all of the following	98684
are the case:	98685

(1) The services are provided on or after July 1, 2003;

98686

(2) The facility receives initial certification by the	98687
director of health as an intermediate care facility for the	98688
mentally retarded on or after June 1, 2003;	98689

(3) The facility, or a portion of the facility, is licensed	98690
by the director of developmental disabilities as a residential	98691
facility under section 5123.19 of the Revised Code;	98692

(4) There is a valid provider agreement for the facility.

98693

(B) Each month, the department of job and family services	98694
shall invoice the department of developmental disabilities by	98695
interagency transfer voucher for the claims for which the	98696
department of developmental disabilities is responsible pursuant	98697
to this section.	98698

(C) Division (A) of this section does not apply to claims	98699
submitted for an intermediate care facility for the mentally	98700
retarded if, under former section 5123.193 of the Revised Code as	98701
enacted by Am. Sub. H.B. 1 of the 128th general assembly or	98702
section 5123.197 of the Revised Code, a residential facility	98703
license was obtained or modified for the facility without	98704
obtaining approval of a plan for the proposed residential facility	98705
pursuant to section 5123.042 of the Revised Code.	98706

(D) Beginning on the date the department of developmental	98707
disabilities assumes, under section 5111.226 of the Revised Code,	98708
the powers and duties of the department of job and family services	98709
regarding the medicaid program's coverage of services provided by	98710
intermediate care facilities for the mentally retarded, this	98711
section shall apply only to the extent, if any, provided in the	98712
contract required by that section.	98713

Sec. 5111.212. As used in this section, "effective date of	98714
an involuntary termination" and "involuntary termination" have the	98715
same meanings as in section 5111.65 of the Revised Code.	98716

Medicaid payments may be made for nursing facility services	98717
and intermediate care facility for the mentally retarded services	98718
provided not later than thirty days after the effective date of an	98719
involuntary termination of the facility that provides the services	98720
if the services are provided to a medicaid recipient who is	98721
eligible for the services and resided in the facility before the	98722
effective date of the involuntary termination.	98723

Sec. 5111.22. A provider agreement between the department of	98724
job and family services and the provider of a nursing facility or	98725
intermediate care facility for the mentally retarded shall contain	98726
the following provisions:	98727

(A) The department agrees to make payments to the provider,	98728
as provided in sections 5111.20 to ~~5111.33~~5111.331 of the Revised	98729
Code, for medicaid-covered services the facility provides to a	98730
resident of the facility who is a medicaid recipient. No payment	98731
shall be made for the day a medicaid recipient is discharged from	98732
the facility.	98733

(B) The provider agrees to:

98734

(1) Maintain eligibility as provided in section 5111.21 of	98735
the Revised Code;	98736

(2) Keep records relating to a cost reporting period for the	98737
greater of seven years after the cost report is filed or, if the	98738
department issues an audit report in accordance with division (B)	98739
of section 5111.27 of the Revised Code, six years after all appeal	98740
rights relating to the audit report are exhausted;	98741

(3) File reports as required by the department;

98742

(4) Open all records relating to the costs of its services	98743
for inspection and audit by the department;	98744

(5) Open its premises for inspection by the department, the	98745
department of health, and any other state or local authority	98746
having authority to inspect;	98747

(6) Supply to the department such information as it requires	98748
concerning the facility's services to residents who are or are	98749
eligible to be medicaid recipients;	98750

(7) Comply with section 5111.31 of the Revised Code.

98751

The provider agreement may contain other provisions that are	98752
consistent with law and considered necessary by the department.	98753

A provider agreement shall be effective for no longer than	98754
twelve months, except that if federal statute or regulations	98755
authorize a longer term, it may be effective for a longer term so	98756
authorized. A provider agreement may be renewed only if the	98757
facility is certified by the department of health for	98758
participation in the medicaid program.	98759

The department of job and family services, in accordance with	98760
rules adopted under section 5111.02 of the Revised Code, may elect	98761
not to enter into, not to renew, or to terminate a provider	98762
agreement when the department determines that such an agreement	98763
would not be in the best interests of medicaid recipients or of	98764
the state.	98765

Sec. 5111.221. The department of job and family services	98766
shall make its best efforts each year to calculate rates under	98767
sections 5111.20 to ~~5111.33~~5111.331 of the Revised Code in time	98768
to use them to make the payments due to providers by the fifteenth	98769
day of August. If the department is unable to calculate the rates	98770
so that they can be paid by that date, the department shall pay	98771
each provider the rate calculated for the provider's nursing	98772
facilities and intermediate care facilities for the mentally	98773
retarded under those sections at the end of the previous fiscal	98774
year. If the department also is unable to calculate the rates to	98775
make the payments due by the fifteenth day of September and the	98776
fifteenth day of October, the department shall pay the previous	98777
fiscal year's rate to make those payments. The department may	98778
increase by five per cent the previous fiscal year's rate paid for	98779
any facility pursuant to this section at the request of the	98780
provider. The department shall use rates calculated for the	98781
current fiscal year to make the payments due by the fifteenth day	98782
of November.	98783

If the rate paid to a provider for a facility pursuant to	98784
this section is lower than the rate calculated for the facility	98785
for the current fiscal year, the department shall pay the provider	98786
the difference between the two rates for the number of days for	98787
which the provider was paid for the facility pursuant to this	98788
section. If the rate paid for a facility pursuant to this section	98789
is higher than the rate calculated for it for the current fiscal	98790
year, the provider shall refund to the department the difference	98791
between the two rates for the number of days for which the	98792
provider was paid for the facility pursuant to this section.	98793

Sec. 5111.222. (A) Except as otherwise provided by sections	98794
5111.20 to ~~5111.33~~5111.331 of the Revised Code and by division	98795
(B) of this section, the payments that the department of job and	98796
family services shall agree to make to the provider of a nursing	98797
facility pursuant to a provider agreement shall equal the sum of	98798
all of the following:	98799

(1) The rate for direct care costs determined for the nursing	98800
facility under section 5111.231 of the Revised Code;	98801

(2) The rate for ancillary and support costs determined for	98802
the nursing facility's ancillary and support cost peer group under	98803
section 5111.24 of the Revised Code;	98804

(3) The rate for tax costs determined for the nursing	98805
facility under section 5111.242 of the Revised Code;	98806

(4) ~~The rate for franchise permit fees determined for the~~	98807
~~nursing facility under section 5111.243 of the Revised Code;~~	98808

~~(5)~~ The quality incentive payment paid to the nursing	98809
facility under section 5111.244 of the Revised Code;	98810

~~(6)~~(5) The ~~median~~ rate for capital costs determined for the	98811
~~nursing facilities in the~~ nursing facility's capital costs peer	98812
group ~~as determined~~ under section 5111.25 of the Revised Code.	98813

(B) The department shall adjust the rates otherwise	98814
determined under ~~divisions~~division (A)~~(1), (2), (3), and (6)~~ of	98815
this section as directed by the general assembly through the	98816
enactment of law governing medicaid payments to providers of	98817
nursing facilities, including any law that ~~does either of the~~	98818
~~following:~~	98819

~~(1) Establishes~~establishes factors by which the rates are to	98820
be adjusted;	98821

~~(2) Establishes a methodology for phasing in the rates~~	98822
~~determined for fiscal year 2006 under uncodified law the general~~	98823
~~assembly enacts to rates determined for subsequent fiscal years~~	98824
~~under sections 5111.20 to 5111.33 of the Revised Code~~.	98825

Sec. 5111.224. (A) Except as otherwise provided by sections	98826
5111.20 to 5111.331 of the Revised Code and by division (B) of	98827
this section, the payments that the department of job and family	98828
services shall agree to make to the provider of an intermediate	98829
care facility for the mentally retarded pursuant to a provider	98830
agreement shall equal the sum of all of the following:	98831

(1) The rate for direct care costs determined for the	98832
facility under section 5111.23 of the Revised Code;	98833

(2) The rate for other protected costs determined for the	98834
facility under section 5111.235 of the Revised Code;	98835

(3) The rate for indirect care costs determined for the	98836
facility under section 5111.241 of the Revised Code;	98837

(4) The rate for capital costs determined for the facility	98838
under section 5111.251 of the Revised Code.	98839

(B) The department shall adjust the total rate otherwise	98840
determined under division (A) of this section as directed by the	98841
general assembly through the enactment of law governing medicaid	98842
payments to providers of intermediate care facilities for the	98843
mentally retarded.	98844

Sec. 5111.225. (A) As used in this section:

98845

"Dual eligible individual" has the same meaning as in section	98846
1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),	98847
42 U.S.C. 1396n(h)(2)(B).	98848

"Medicaid maximum allowable amount" means one hundred per	98849
cent of a nursing facility's per diem rate for a medicaid day.	98850

(B) The department of job and family services shall pay the	98851
provider of a nursing facility the lesser of the following for	98852
nursing facility services the nursing facility provides on or	98853
after January 1, 2012, to a dual eligible individual who is	98854
eligible for nursing facility services under the medicaid program	98855
and post-hospital extended care services under Part A of Title	98856
XVIII:	98857

(1) The coinsurance amount for the services as provided under	98858
Part A of Title XVIII;	98859

(2) The medicaid maximum allowable amount for the services,	98860
less the amount paid under Part A of Title XVIII for the services.	98861

Sec. 5111.226. Subject, if needed, to the approval of the	98862
United States secretary of health and human services, the	98863
department of job and family services shall enter into a contract	98864
with the department of developmental disabilities under section	98865
5111.91 of the Revised Code that provides for the department of	98866
developmental disabilities to assume the powers and duties of the	98867
department of job and family services with regard to the medicaid	98868
program's coverage of services provided by intermediate care	98869
facilities for the mentally retarded. The contract shall include a	98870
schedule for the assumption of the powers and duties. Except as	98871
otherwise authorized by the United States secretary of health and	98872
human services, no provision of the contract may violate a federal	98873
law or regulation governing the medicaid program. Once the	98874
contract goes into effect, all references to the department of job	98875
and family services, and all references to the director of job and	98876
family services, with regard to intermediate care facilities for	98877
the mentally retarded that are in law enacted by the general	98878
assembly shall be deemed to be references to the department of	98879
developmental disabilities and director of developmental	98880
disabilities, respectively, to the extent necessary to implement	98881
the terms of the contract.	98882

Sec. 5111.23. (A) The department of job and family services	98883
shall pay a provider for each of the provider's eligible	98884
intermediate care facilities for the mentally retarded a per	98885
resident per day rate for direct care costs established	98886
prospectively for each facility. The department shall establish	98887
each facility's rate for direct care costs quarterly.	98888

(B) Each facility's rate for direct care costs shall be based	98889
on the facility's cost per case-mix unit, subject to the maximum	98890
costs per case-mix unit established under division (B)(2) of this	98891
section, from the calendar year preceding the fiscal year in which	98892
the rate is paid. To determine the rate, the department shall do	98893
all of the following:	98894

(1) Determine each facility's cost per case-mix unit for the	98895
calendar year preceding the fiscal year in which the rate will be	98896
paid by dividing the facility's desk-reviewed, actual, allowable,	98897
per diem direct care costs for that year by its average case-mix	98898
score determined under section 5111.232 of the Revised Code for	98899
the same calendar year.	98900

(2)(a) Set the maximum cost per case-mix unit for each peer	98901
group of intermediate care facilities for the mentally retarded	98902
with more than eight beds specified in rules adopted under	98903
division ~~(E)~~(F) of this section at a percentage above the cost per	98904
case-mix unit of the facility in the group that has the group's	98905
median medicaid inpatient day for the calendar year preceding the	98906
fiscal year in which the rate will be paid, as calculated under	98907
division (B)(1) of this section, that is no less than the	98908
percentage calculated under division ~~(D)~~(E)(2) of this section.	98909

(b) Set the maximum cost per case-mix unit for each peer	98910
group of intermediate care facilities for the mentally retarded	98911
with eight or fewer beds specified in rules adopted under division	98912
~~(E)~~(F) of this section at a percentage above the cost per case-mix	98913
unit of the facility in the group that has the group's median	98914
medicaid inpatient day for the calendar year preceding the fiscal	98915
year in which the rate will be paid, as calculated under division	98916
(B)(1) of this section, that is no less than the percentage	98917
calculated under division ~~(D)~~(E)(3) of this section.	98918

(c) In calculating the maximum cost per case-mix unit under	98919
divisions (B)(2)(a) toand (b) of this section for each peer	98920
group, the department shall exclude from its calculations the cost	98921
per case-mix unit of any facility in the group that participated	98922
in the medicaid program under the same operator for less than	98923
twelve months during the calendar year preceding the fiscal year	98924
in which the rate will be paid.	98925

(3) Estimate the rate of inflation for the eighteen-month	98926
period beginning on the first day of July of the calendar year	98927
preceding the fiscal year in which the rate will be paid and	98928
ending on the thirty-first day of December of the fiscal year in	98929
which the rate will be paid, using the ~~employment cost~~ index ~~for~~	98930
~~total compensation, health services component, published by the~~	98931
~~United States bureau of labor statistics~~specified in division (C)	98932
of this section. If the estimated inflation rate for the	98933
eighteen-month period is different from the actual inflation rate	98934
for that period, as measured using the same index, the difference	98935
shall be added to or subtracted from the inflation rate estimated	98936
under division (B)(3) of this section for the following fiscal	98937
year.	98938

(4) The department shall not recalculate a maximum cost per	98939
case-mix unit under division (B)(2) of this section or a	98940
percentage under division ~~(D)~~(E) of this section based on	98941
additional information that it receives after the maximum costs	98942
per case-mix unit or percentages are set. The department shall	98943
recalculate a maximum cost per case-mix units or percentage only	98944
if it made an error in computing the maximum cost per case-mix	98945
unit or percentage based on information available at the time of	98946
the original calculation.	98947

(C) The department shall use the following index for the	98948
purpose of division (B)(3) of this section:	98949

(1) The employment cost index for total compensation, health	98950
services component, published by the United States bureau of labor	98951
statistics;	98952

(2) If the United States bureau of labor statistics ceases to	98953
publish the index specified in division (C)(1) of this section,	98954
the index that is subsequently published by the bureau and covers	98955
nursing facilities' staff costs.	98956

(D) Each facility's rate for direct care costs shall be	98957
determined as follows for each calendar quarter within a fiscal	98958
year:	98959

(1) Multiply the lesser of the following by the facility's	98960
average case-mix score determined under section 5111.232 of the	98961
Revised Code for the calendar quarter that preceded the	98962
immediately preceding calendar quarter:	98963

(a) The facility's cost per case-mix unit for the calendar	98964
year preceding the fiscal year in which the rate will be paid, as	98965
determined under division (B)(1) of this section;	98966

(b) The maximum cost per case-mix unit established for the	98967
fiscal year in which the rate will be paid for the facility's peer	98968
group under division (B)(2) of this section;	98969

(2) Adjust the product determined under division ~~(C)~~(D)(1) of	98970
this section by the inflation rate estimated under division (B)(3)	98971
of this section.	98972

~~(D)~~(E)(1) The department shall calculate the percentage above	98973
the median cost per case-mix unit determined under division (B)(1)	98974
of this section for the facility that has the median medicaid	98975
inpatient day for calendar year 1992 for all intermediate care	98976
facilities for the mentally retarded with more than eight beds	98977
that would result in payment of all desk-reviewed, actual,	98978
allowable direct care costs for eighty and one-half per cent of	98979
the medicaid inpatient days for such facilities for calendar year	98980
1992.	98981

(2) The department shall calculate the percentage above the	98982
median cost per case-mix unit determined under division (B)(1) of	98983
this section for the facility that has the median medicaid	98984
inpatient day for calendar year 1992 for all intermediate care	98985
facilities for the mentally retarded with eight or fewer beds that	98986
would result in payment of all desk-reviewed, actual, allowable	98987
direct care costs for eighty and one-half per cent of the medicaid	98988
inpatient days for such facilities for calendar year 1992.	98989

~~(E)~~(F) The director of job and family services shall adopt	98990
rules under section 5111.02 of the Revised Code that specify peer	98991
groups of intermediate care facilities for the mentally retarded	98992
with more than eight beds and intermediate care facilities for the	98993
mentally retarded with eight or fewer beds, based on findings of	98994
significant per diem direct care cost differences due to geography	98995
and facility bed-size. The rules also may specify peer groups	98996
based on findings of significant per diem direct care cost	98997
differences due to other factors which may include case-mix.	98998

~~(F)~~(G) The department, in accordance with division (D) of	98999
section 5111.232 of the Revised Code and rules adopted under	99000
division ~~(E)~~(F) of that section, may assign case-mix scores or	99001
costs per case-mix unit if a provider fails to submit assessment	99002
data necessary to calculate an intermediate care facility for the	99003
mentally retarded's case-mix score in accordance with that	99004
section.	99005

Sec. 5111.231. (A) As used in this section~~, "applicable~~:

99006

(1) "Applicable calendar year" means the following:

99007

~~(1)~~(a) For the purpose of the department of job and family	99008
services' initial determination under division (D) of this section	99009
of each peer group's cost per case-mix unit, calendar year 2003;	99010

~~(2)~~(b) For the purpose of the department's ~~subsequent~~	99011
~~determinations under division (D) of this section of each peer~~	99012
~~group's cost per case-mix unit~~rebasings, the calendar year the	99013
department selects.	99014

(2) "Rebasing" means a redetermination under division (D) of	99015
this section of each peer groups' cost per case-mix unit using	99016
information from cost reports for an applicable calendar year that	99017
is later than the applicable calendar year used for the previous	99018
determination of such costs.	99019

(B) The department of job and family services shall pay a	99020
provider for each of the provider's eligible nursing facilities a	99021
per resident per day rate for direct care costs determined	99022
semiannually by multiplying the cost per case-mix unit determined	99023
under division (D) of this section for the facility's peer group	99024
by the facility's semiannual case-mix score determined under	99025
section 5111.232 of the Revised Code.	99026

(C) For the purpose of determining nursing facilities' rate	99027
for direct care costs, the department shall establish three peer	99028
groups.	99029

Each nursing facility located in any of the following	99030
counties shall be placed in peer group one: Brown, Butler,	99031
Clermont, Clinton, Hamilton, and Warren.	99032

Each nursing facility located in any of the following	99033
counties shall be placed in peer group two: Ashtabula, Champaign,	99034
Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin,	99035
Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain,	99036
Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa,	99037
Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union,	99038
and Wood.	99039

Each nursing facility located in any of the following	99040
counties shall be placed in peer group three: Adams, Allen,	99041
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	99042
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	99043
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	99044
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	99045
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	99046
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	99047
Washington, Wayne, Williams, and Wyandot.	99048

(D)(1) ~~At least once every ten years, the~~The department	99049
shall determine a cost per case-mix unit for each peer group	99050
established under division (C) of this section. AThe department	99051
is not required to conduct a rebasing more than once every ten	99052
years. Except as necessary to implement the amendments made by	99053
this act to this section, the cost per case-mix unit determined	99054
under this division for a peer group shall be used for subsequent	99055
years until the department ~~redetermines it~~conducts a rebasing.	99056
To determine a peer group's cost per case-mix unit, the department	99057
shall do all of the following:	99058

(a) Determine the cost per case-mix unit for each nursing	99059
facility in the peer group for the applicable calendar year by	99060
dividing each facility's desk-reviewed, actual, allowable, per	99061
diem direct care costs for the applicable calendar year by the	99062
facility's annual average case-mix score determined under section	99063
5111.232 of the Revised Code for the applicable calendar year.;	99064

(b) Subject to division (D)(2) of this section, identify	99065
which nursing facility in the peer group is at the twenty-fifth	99066
percentile of the cost per case-mix units determined under	99067
division (D)(1)(a) of this section.;	99068

(c) Calculate the amount that is ~~seven~~two per cent above the	99069
cost per case-mix unit determined under division (D)(1)(a) of this	99070
section for the nursing facility identified under division	99071
(D)(1)(b) of this section.;	99072

(d) ~~Multiply the amount calculated under division (D)(1)(c)~~	99073
~~of this section by~~Using the index specified in division (D)(3) of	99074
this section, multiply the rate of inflation for the	99075
eighteen-month period beginning on the first day of July of the	99076
applicable calendar year and ending the last day of December of	99077
the calendar year immediately following the applicable calendar	99078
year ~~using the following:~~	99079

~~(i) In the case of the initial calculation made under~~	99080
~~division (D)(1)(d) of this section, the employment cost index for~~	99081
~~total compensation, health services component, published by the~~	99082
~~United States bureau of labor statistics, as the index existed on~~	99083
~~July 1, 2005;~~	99084

~~(ii) In the case of subsequent calculations made under~~	99085
~~division (D)(1)(d) of this section and except as provided in~~	99086
~~division (D)(1)(d)(iii) of this section, the employment cost index~~	99087
~~for total compensation, nursing and residential care facilities~~	99088
~~occupational group, published by the United States bureau of labor~~	99089
~~statistics;~~	99090

~~(iii) If the United States bureau of labor statistics ceases~~	99091
~~to publish the index specified in division (D)(1)(d)(ii) of this~~	99092
~~section, the index the bureau subsequently publishes that covers~~	99093
~~nursing facilities' staff costs~~by the amount calculated under	99094
division (D)(1)(c) of this section;	99095

(e) Until the first rebasing occurs, add one dollar and	99096
eighty-eight cents to the amount calculated under division	99097
(D)(1)(d) of this section.	99098

(2) In making the identification under division (D)(1)(b) of	99099
this section, the department shall exclude both of the following:	99100

(a) Nursing facilities that participated in the medicaid	99101
program under the same provider for less than twelve months in the	99102
applicable calendar year;	99103

(b) Nursing facilities whose cost per case-mix unit is more	99104
than one standard deviation from the mean cost per case-mix unit	99105
for all nursing facilities in the nursing facility's peer group	99106
for the applicable calendar year.	99107

(3) The following index shall be used for the purpose of the	99108
calculation made under division (D)(1)(d) of this section:	99109

(a) Until the first rebasing occurs, the employment cost	99110
index for total compensation, health services component, published	99111
by the United States bureau of labor statistics, as the index	99112
existed on July 1, 2005;	99113

(b) Effective with the first rebasing and except as provided	99114
in division (D)(3)(c) of this section, the employment cost index	99115
for total compensation, nursing and residential care facilities	99116
occupational group, published by the United States bureau of labor	99117
statistics;	99118

(c) If the United States bureau of labor statistics ceases to	99119
publish the index specified in division (D)(3)(b) of this section,	99120
the index the bureau subsequently publishes that covers nursing	99121
facilities' staff costs.	99122

(4) The department shall not redetermine a peer group's cost	99123
per case-mix unit under this division based on additional	99124
information that it receives after the peer group's per case-mix	99125
unit is determined. The department shall redetermine a peer	99126
group's cost per case-mix unit only if it made an error in	99127
determining the peer group's cost per case-mix unit based on	99128
information available to the department at the time of the	99129
original determination.	99130

Sec. 5111.232. (A)(1) The department of job and family	99131
services shall determine semiannual and annual average case-mix	99132
scores for nursing facilities by using all of the following:	99133

(a) Data from a resident assessment instrument specified in	99134
rules adopted under section 5111.02 of the Revised Code pursuant	99135
to section 1919(e)(5) of the "Social Security Act," 49 Stat. 620	99136
(1935), 42 U.S.C.A. 1396r(e)(5), as amended, for the following	99137
residents:	99138

(i) When determining semiannual case-mix scores for fiscal	99139
year 2012, each resident who is a medicaid recipient;	99140

(ii) When determining semiannual case-mix scores for fiscal	99141
year 2013 and thereafter, each resident who is a medicaid	99142
recipient and not placed in either of the two lowest resource	99143
utilization groups, excluding any resource utilization group that	99144
is a default group used for residents with incomplete assessment	99145
data;	99146

(iii) When determining annual average case-mix scores, each	99147
resident regardless of payment source.	99148

(b) Except as provided in rules authorized by divisions	99149
(A)(2)(a) and (b) of this section, the case-mix values established	99150
by the United States department of health and human services;	99151

(c) Except as modified in rules authorized by division	99152
(A)(2)(c) of this section, the grouper methodology used on June	99153
30, 1999, by the United States department of health and human	99154
services for prospective payment of skilled nursing facilities	99155
under the medicare program established by Title XVIII.	99156

(2) The director of job and family services may adopt rules	99157
under section 5111.02 of the Revised Code that do any of the	99158
following:	99159

(a) Adjust the case-mix values specified in division	99160
(A)(1)(b) of this section to reflect changes in relative wage	99161
differentials that are specific to this state;	99162

(b) Express all of those case-mix values in numeric terms	99163
that are different from the terms specified by the United States	99164
department of health and human services but that do not alter the	99165
relationship of the case-mix values to one another;	99166

(c) Modify the grouper methodology specified in division	99167
(A)(1)(c) of this section as follows:	99168

(i) Establish a different hierarchy for assigning residents	99169
to case-mix categories under the methodology;	99170

(ii) Prohibit the use of the index maximizer element of the	99171
methodology;	99172

(iii) Incorporate changes to the methodology the United	99173
States department of health and human services makes after June	99174
30, 1999;	99175

(iv) Make other changes the department determines are	99176
necessary.	99177

(B) The department shall determine case-mix scores for	99178
intermediate care facilities for the mentally retarded using data	99179
for each resident, regardless of payment source, from a resident	99180
assessment instrument and grouper methodology prescribed in rules	99181
adopted under section 5111.02 of the Revised Code and expressed in	99182
case-mix values established by the department in those rules.	99183

(C) Each calendar quarter, each provider shall compile	99184
complete assessment data, from the resident assessment instrument	99185
specified in rules authorized by division (A) or (B) of this	99186
section, for each resident of each of the provider's facilities,	99187
regardless of payment source, who was in the facility or on	99188
hospital or therapeutic leave from the facility on the last day of	99189
the quarter. Providers of a nursing facility shall submit the data	99190
to the department of health and, if required by rules, the	99191
department of job and family services. Providers of an	99192
intermediate care facility for the mentally retarded shall submit	99193
the data to the department of job and family services. The data	99194
shall be submitted not later than fifteen days after the end of	99195
the calendar quarter for which the data is compiled.	99196

Except as provided in division (D) of this section, the	99197
department, every six months and after the end of each calendar	99198
year, shall calculate a semiannual and annual average case-mix	99199
score for each nursing facility using the facility's quarterly	99200
case-mix scores for that six-month period or calendar year. Also	99201
except as provided in division (D) of this section, the	99202
department, after the end of each calendar year, shall calculate	99203
an annual average case-mix score for each intermediate care	99204
facility for the mentally retarded using the facility's quarterly	99205
case-mix scores for that calendar year. The department shall make	99206
the calculations pursuant to procedures specified in rules adopted	99207
under section 5111.02 of the Revised Code.	99208

(D)(1) If a provider does not timely submit information for a	99209
calendar quarter necessary to calculate a facility's case-mix	99210
score, or submits incomplete or inaccurate information for a	99211
calendar quarter, the department may assign the facility a	99212
quarterly average case-mix score that is five per cent less than	99213
the facility's quarterly average case-mix score for the preceding	99214
calendar quarter. If the facility was subject to an exception	99215
review under division (C) of section 5111.27 of the Revised Code	99216
for the preceding calendar quarter, the department may assign a	99217
quarterly average case-mix score that is five per cent less than	99218
the score determined by the exception review. If the facility was	99219
assigned a quarterly average case-mix score for the preceding	99220
quarter, the department may assign a quarterly average case-mix	99221
score that is five per cent less than that score assigned for the	99222
preceding quarter.	99223

The department may use a quarterly average case-mix score	99224
assigned under division (D)(1) of this section, instead of a	99225
quarterly average case-mix score calculated based on the	99226
provider's submitted information, to calculate the facility's rate	99227
for direct care costs being established under section 5111.23 or	99228
5111.231 of the Revised Code for one or more months, as specified	99229
in rules authorized by division (E) of this section, of the	99230
quarter for which the rate established under section 5111.23 or	99231
5111.231 of the Revised Code will be paid.	99232

Before taking action under division (D)(1) of this section,	99233
the department shall permit the provider a reasonable period of	99234
time, specified in rules authorized by division (E) of this	99235
section, to correct the information. In the case of an	99236
intermediate care facility for the mentally retarded, the	99237
department shall not assign a quarterly average case-mix score due	99238
to late submission of corrections to assessment information unless	99239
the provider fails to submit corrected information prior to the	99240
eighty-first day after the end of the calendar quarter to which	99241
the information pertains. In the case of a nursing facility, the	99242
department shall not assign a quarterly average case-mix score due	99243
to late submission of corrections to assessment information unless	99244
the provider fails to submit corrected information prior to the	99245
earlier of the forty-sixth day after the end of the calendar	99246
quarter to which the information pertains or the deadline for	99247
submission of such corrections established by regulations adopted	99248
by the United States department of health and human services under	99249
Titles XVIII and XIX.	99250

(2) If a provider is paid a rate for a facility calculated	99251
using a quarterly average case-mix score assigned under division	99252
(D)(1) of this section for more than six months in a calendar	99253
year, the department may assign the facility a cost per case-mix	99254
unit that is five per cent less than the facility's actual or	99255
assigned cost per case-mix unit for the preceding calendar year.	99256
The department may use the assigned cost per case-mix unit,	99257
instead of calculating the facility's actual cost per case-mix	99258
unit in accordance with section 5111.23 or 5111.231 of the Revised	99259
Code, to establish the facility's rate for direct care costs for	99260
the following fiscal year.	99261

(3) The department shall take action under division (D)(1) or	99262
(2) of this section only in accordance with rules authorized by	99263
division (E) of this section. The department shall not take an	99264
action that affects rates for prior payment periods except in	99265
accordance with sections 5111.27 and 5111.28 of the Revised Code.	99266

(E) The director shall adopt rules under section 5111.02 of	99267
the Revised Code that do all of the following:	99268

(1) Specify whether providers of a nursing facility must	99269
submit the assessment data to the department of job and family	99270
services;	99271

(2) Specify the medium or media through which the completed	99272
assessment data shall be submitted;	99273

(3) Establish procedures under which the assessment data	99274
shall be reviewed for accuracy and providers shall be notified of	99275
any data that requires correction;	99276

(4) Establish procedures for providers to correct assessment	99277
data and specify a reasonable period of time by which providers	99278
shall submit the corrections. The procedures may limit the content	99279
of corrections by providers of nursing facilities in the manner	99280
required by regulations adopted by the United States department of	99281
health and human services under Titles XVIII and XIX.	99282

(5) Specify when and how the department will assign case-mix	99283
scores or costs per case-mix unit under division (D) of this	99284
section if information necessary to calculate the facility's	99285
case-mix score is not provided or corrected in accordance with the	99286
procedures established by the rules. Notwithstanding any other	99287
provision of sections 5111.20 to ~~5111.33~~5111.331 of the Revised	99288
Code, the rules also may provide for the following:	99289

(a) Exclusion of case-mix scores assigned under division (D)	99290
of this section from calculation of an intermediate care facility	99291
for the mentally retarded's annual average case-mix score and the	99292
maximum cost per case-mix unit for the facility's peer group;	99293

(b) Exclusion of case-mix scores assigned under division (D)	99294
of this section from calculation of a nursing facility's	99295
semiannual or annual average case-mix score and the cost per	99296
case-mix unit for the facility's peer group.	99297

Sec. 5111.235. (A) The department of job and family services	99298
shall pay a provider for each of the provider's eligible	99299
intermediate care facilities for the mentally retarded a per	99300
resident per day rate for other protected costs established	99301
prospectively each fiscal year for each facility. The rate for	99302
each facility shall be the facility's desk-reviewed, actual,	99303
allowable, per diem other protected costs from the calendar year	99304
preceding the fiscal year in which the rate will be paid, all	99305
adjusted for the estimated inflation rate for the eighteen-month	99306
period beginning on the first day of July of the calendar year	99307
preceding the fiscal year in which the rate will be paid and	99308
ending on the thirty-first day of December of that fiscal year.	99309
The department shall estimate inflation using the ~~consumer price~~	99310
index ~~for all urban consumers for nonprescription drugs and~~	99311
~~medical supplies, as published by the United States bureau of~~	99312
~~labor statistics~~specified in division (B) of this section. If the	99313
estimated inflation rate for the eighteen-month period is	99314
different from the actual inflation rate for that period, the	99315
difference shall be added to or subtracted from the inflation rate	99316
estimated for the following year.	99317

(B) The department shall use the following index for the	99318
purpose of division (A) of this section:	99319

(1) The consumer price index for all urban consumers for	99320
nonprescription drugs and medical supplies, as published by the	99321
United States bureau of labor statistics;	99322

(2) If the United States bureau of labor statistics ceases to	99323
publish the index specified in division (B)(1) of this section,	99324
the index that is subsequently published by the bureau and covers	99325
nonprescription drugs and medical supplies.	99326

Sec. 5111.24. (A) As used in this section~~, "applicable~~:

99327

(1) "Applicable calendar year" means the following:

99328

~~(1)~~(a) For the purpose of the department of job and family	99329
services' initial determination under division (D) of this section	99330
of each peer group's rate for ancillary and support costs,	99331
calendar year 2003;	99332

~~(2)~~(b) For the purpose of the department's ~~subsequent~~	99333
~~determinations under division (D) of this section of each peer~~	99334
~~group's rate for ancillary and support costs~~rebasings, the	99335
calendar year the department selects.	99336

(2) "Rebasing" means a redetermination under division (D) of	99337
this section of each peer groups' rate for ancillary and support	99338
costs using information from cost reports for an applicable	99339
calendar year that is later than the applicable calendar year used	99340
for the previous determination of such rates.	99341

(B) The department of job and family services shall pay a	99342
provider for each of the provider's eligible nursing facilities a	99343
per resident per day rate for ancillary and support costs	99344
determined for the nursing facility's peer group under division	99345
(D) of this section.	99346

(C) For the purpose of determining nursing facilities' rate	99347
for ancillary and support costs, the department shall establish	99348
six peer groups.	99349

Each nursing facility located in any of the following	99350
counties shall be placed in peer group one or two: Brown, Butler,	99351
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	99352
located in any of those counties that has fewer than one hundred	99353
beds shall be placed in peer group one. Each nursing facility	99354
located in any of those counties that has one hundred or more beds	99355
shall be placed in peer group two.	99356

Each nursing facility located in any of the following	99357
counties shall be placed in peer group three or four: Ashtabula,	99358
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	99359
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	99360
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	99361
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	99362
Union, and Wood. Each nursing facility located in any of those	99363
counties that has fewer than one hundred beds shall be placed in	99364
peer group three. Each nursing facility located in any of those	99365
counties that has one hundred or more beds shall be placed in peer	99366
group four.	99367

Each nursing facility located in any of the following	99368
counties shall be placed in peer group five or six: Adams, Allen,	99369
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	99370
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	99371
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	99372
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	99373
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	99374
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	99375
Washington, Wayne, Williams, and Wyandot. Each nursing facility	99376
located in any of those counties that has fewer than one hundred	99377
beds shall be placed in peer group five. Each nursing facility	99378
located in any of those counties that has one hundred or more beds	99379
shall be placed in peer group six.	99380

(D)(1) ~~At least once every ten years, the~~The department	99381
shall determine the rate for ancillary and support costs for each	99382
peer group established under division (C) of this section. The	99383
department is not required to conduct a rebasing more than once	99384
every ten years. Except as necessary to implement the amendments	99385
made by this act to this section, the rate for ancillary and	99386
support costs determined under this division for a peer group	99387
shall be used for subsequent years until the department	99388
~~redetermines it~~conducts a rebasing. To determine a peer group's	99389
rate for ancillary and support costs, the department shall do all	99390
of the following:	99391

(a) ~~Determine~~Subject to division (D)(2) of this section,	99392
determine the rate for ancillary and support costs for each	99393
nursing facility in the peer group for the applicable calendar	99394
year by using the greater of the nursing facility's actual	99395
inpatient days for the applicable calendar year or the inpatient	99396
days the nursing facility would have had for the applicable	99397
calendar year if its occupancy rate had been ninety per cent~~. For~~	99398
~~the purpose of determining a nursing facility's occupancy rate~~	99399
~~under division (D)(1)(a) of this section, the department shall~~	99400
~~include any beds that the nursing facility removes from its~~	99401
~~medicaid-certified capacity unless the nursing facility also~~	99402
~~removes the beds from its licensed bed capacity.~~;	99403

(b) Subject to division (D)~~(2)~~(3) of this section, identify	99404
which nursing facility in the peer group is at the twenty-fifth	99405
percentile of the rate for ancillary and support costs for the	99406
applicable calendar year determined under division (D)(1)(a) of	99407
this section.;	99408

(c) ~~Calculate the amount that is three per cent above the~~	99409
~~rate for ancillary and support costs determined under division~~	99410
~~(D)(1)(a) of this section for the nursing facility identified~~	99411
~~under division (D)(1)(b) of this section.~~	99412

~~(d)~~ Multiply the ~~amount calculated~~rate for ancillary and	99413
support costs determined under division (D)(1)~~(c)~~(a) of this	99414
section for the nursing facility identified under division	99415
(D)(1)(b) of this section by the rate of inflation for the	99416
eighteen-month period beginning on the first day of July of the	99417
applicable calendar year and ending the last day of December of	99418
the calendar year immediately following the applicable calendar	99419
year using the following:	99420

(i) ~~In the case of the initial calculation made under~~	99421
~~division (D)(1)(d) of this section~~Until the first rebasing	99422
occurs, the consumer price index for all items for all urban	99423
consumers for the north central region, published by the United	99424
States bureau of labor statistics, as that index existed on July	99425
1, 2005;	99426

(ii) ~~In the case of subsequent calculations made under~~	99427
~~division (D)(1)(d) of this section~~Effective with the first	99428
rebasing and except as provided in division (D)(1)~~(d)~~(c)(iii) of	99429
this section, the consumer price index for all items for all urban	99430
consumers for the midwest region, published by the United States	99431
bureau of labor statistics;	99432

(iii) If the United States bureau of labor statistics ceases	99433
to publish the index specified in division (D)(1)~~(d)~~(c)(ii) of	99434
this section, the index the bureau subsequently publishes that	99435
covers urban consumers' prices for items for the region that	99436
includes this state.	99437

(2) For the purpose of determining a nursing facility's	99438
occupancy rate under division (D)(1)(a) of this section, the	99439
department shall include any beds that the nursing facility	99440
removes from its medicaid-certified capacity unless the nursing	99441
facility also removes the beds from its licensed bed capacity.	99442

(3) In making the identification under division (D)(1)(b) of	99443
this section, the department shall exclude both of the following:	99444

(a) Nursing facilities that participated in the medicaid	99445
program under the same provider for less than twelve months in the	99446
applicable calendar year;	99447

(b) Nursing facilities whose ancillary and support costs are	99448
more than one standard deviation from the mean desk-reviewed,	99449
actual, allowable, per diem ancillary and support cost for all	99450
nursing facilities in the nursing facility's peer group for the	99451
applicable calendar year.	99452

~~(3)~~(4) The department shall not redetermine a peer group's	99453
rate for ancillary and support costs under this division based on	99454
additional information that it receives after the rate is	99455
determined. The department shall redetermine a peer group's rate	99456
for ancillary and support costs only if itthe department made an	99457
error in determining the rate based on information available to	99458
the department at the time of the original determination.	99459

Sec. 5111.241. (A) The department of job and family services	99460
shall pay a provider for each of the provider's eligible	99461
intermediate care facilities for the mentally retarded a per	99462
resident per day rate for indirect care costs established	99463
prospectively each fiscal year for each facility. The rate for	99464
each intermediate care facility for the mentally retarded shall be	99465
the sum of the following, but shall not exceed the maximum rate	99466
established for the facility's peer group under division (B) of	99467
this section:	99468

(1) The facility's desk-reviewed, actual, allowable, per diem	99469
indirect care costs from the calendar year preceding the fiscal	99470
year in which the rate will be paid, adjusted for the inflation	99471
rate estimated under division (C)(1) of this section;	99472

(2) An efficiency incentive in the following amount:

99473

(a) For fiscal years ending in even-numbered calendar years:

99474

(i) In the case of intermediate care facilities for the	99475
mentally retarded with more than eight beds, seven and one-tenth	99476
per cent of the maximum rate established for the facility's peer	99477
group under division (B) of this section;	99478

(ii) In the case of intermediate care facilities for the	99479
mentally retarded with eight or fewer beds, seven per cent of the	99480
maximum rate established for the facility's peer group under	99481
division (B) of this section;	99482

(b) For fiscal years ending in odd-numbered calendar years,	99483
the amount calculated for the preceding fiscal year under division	99484
(A)(2)(a) of this section.	99485

(B)(1) The maximum rate for indirect care costs for each peer	99486
group of intermediate care facilities for the mentally retarded	99487
with more than eight beds specified in rules adopted under	99488
division (D) of this section shall be determined as follows:	99489

(a) For fiscal years ending in even-numbered calendar years,	99490
the maximum rate for each peer group shall be the rate that is no	99491
less than twelve and four-tenths per cent above the median	99492
desk-reviewed, actual, allowable, per diem indirect care cost for	99493
all intermediate care facilities for the mentally retarded with	99494
more than eight beds in the group, excluding facilities in the	99495
group whose indirect care costs for that period are more than	99496
three standard deviations from the mean desk-reviewed, actual,	99497
allowable, per diem indirect care cost for all intermediate care	99498
facilities for the mentally retarded with more than eight beds,	99499
for the calendar year preceding the fiscal year in which the rate	99500
will be paid, adjusted by the inflation rate estimated under	99501
division (C)(1) of this section.	99502

(b) For fiscal years ending in odd-numbered calendar years,	99503
the maximum rate for each peer group is the group's maximum rate	99504
for the previous fiscal year, adjusted for the inflation rate	99505
estimated under division (C)(2) of this section.	99506

(2) The maximum rate for indirect care costs for each peer	99507
group of intermediate care facilities for the mentally retarded	99508
with eight or fewer beds specified in rules adopted under division	99509
(D) of this section shall be determined as follows:	99510

(a) For fiscal years ending in even-numbered calendar years,	99511
the maximum rate for each peer group shall be the rate that is no	99512
less than ten and three-tenths per cent above the median	99513
desk-reviewed, actual, allowable, per diem indirect care cost for	99514
all intermediate care facilities for the mentally retarded with	99515
eight or fewer beds in the group, excluding facilities in the	99516
group whose indirect care costs are more than three standard	99517
deviations from the mean desk-reviewed, actual, allowable, per	99518
diem indirect care cost for all intermediate care facilities for	99519
the mentally retarded with eight or fewer beds, for the calendar	99520
year preceding the fiscal year in which the rate will be paid,	99521
adjusted by the inflation rate estimated under division (C)(1) of	99522
this section.	99523

(b) For fiscal years that end in odd-numbered calendar years,	99524
the maximum rate for each peer group is the group's maximum rate	99525
for the previous fiscal year, adjusted for the inflation rate	99526
estimated under division (C)(2) of this section.	99527

(3) The department shall not recalculate a maximum rate for	99528
indirect care costs under division (B)(1) or (2) of this section	99529
based on additional information that it receives after the maximum	99530
rate is set. The department shall recalculate the maximum rate for	99531
indirect care costs only if it made an error in computing the	99532
maximum rate based on the information available at the time of the	99533
original calculation.	99534

(C)(1) When adjusting rates for inflation under divisions	99535
(A)(1), (B)(1)(a), and (B)(2)(a) of this section, the department	99536
shall estimate the rate of inflation for the eighteen-month period	99537
beginning on the first day of July of the calendar year preceding	99538
the fiscal year in which the rate will be paid and ending on the	99539
thirty-first day of December of the fiscal year in which the rate	99540
will be paid~~, using the~~. To estimate the rate of inflation, the	99541
department shall use the following:	99542

(a) The consumer price index for all items for all urban	99543
consumers for the north central region, published by the United	99544
States bureau of labor statistics;	99545

(b) If the United States bureau of labor statistics ceases to	99546
publish the index specified in division (C)(1)(a) of this section,	99547
a comparable index that the bureau publishes and the department	99548
determines is appropriate.	99549

(2) When adjusting rates for inflation under divisions	99550
(B)(1)(b) and (B)(2)(b) of this section, the department shall	99551
estimate the rate of inflation for the twelve-month period	99552
beginning on the first day of January of the fiscal year preceding	99553
the fiscal year in which the rate will be paid and ending on the	99554
thirty-first day of December of the fiscal year in which the rate	99555
will be paid~~, using the~~. To estimate the rate of inflation, the	99556
department shall use the following:	99557

(a) The consumer price index for all items for all urban	99558
consumers for the north central region, published by the United	99559
States bureau of labor statistics;	99560

(b) If the United States bureau of labor statistics ceases to	99561
publish the index specified in division (C)(2)(a) of this section,	99562
a comparable index that the bureau publishes and the department	99563
determines is appropriate.	99564

(3) If an inflation rate estimated under division (C)(1) or	99565
(2) of this section is different from the actual inflation rate	99566
for the relevant time period, as measured using the same index,	99567
the difference shall be added to or subtracted from the inflation	99568
rate estimated pursuant to this division for the following fiscal	99569
year.	99570

(D) The director of job and family services shall adopt rules	99571
under section 5111.02 of the Revised Code that specify peer groups	99572
of intermediate care facilities for the mentally retarded with	99573
more than eight beds, and peer groups of intermediate care	99574
facilities for the mentally retarded with eight or fewer beds,	99575
based on findings of significant per diem indirect care cost	99576
differences due to geography and facility bed-size. The rules also	99577
may specify peer groups based on findings of significant per diem	99578
indirect care cost differences due to other factors, including	99579
case-mix.	99580

Sec. 5111.244. (A) As used in this section, "deficiency" and	99581
"standard survey" have the same meanings as in section 5111.35 of	99582
the Revised Code.	99583

(B) ~~Each fiscal year, the~~The department of job and family	99584
services shall pay the provider of each nursing facility a quality	99585
incentive payment. The amount of a quality incentive payment paid	99586
to a provider ~~for a fiscal year~~ shall be based on the number of	99587
points the provider's nursing facility is awarded ~~under division~~	99588
~~(C) of this section~~ for ~~that fiscal year~~meeting accountability	99589
measures. The amount of a quality incentive payment paid to a	99590
provider of a nursing facility that is awarded no points may be	99591
zero. ~~The mean payment for fiscal year 2007, weighted by medicaid~~	99592
~~days, shall be three dollars per medicaid day. The department~~	99593
~~shall adjust the mean payment for subsequent fiscal years by the~~	99594
~~same adjustment factors the department uses to adjust, pursuant to~~	99595
~~division (B) of section 5111.222 of the Revised Code, nursing~~	99596
~~facilities' rates otherwise determined under divisions (A)(1),~~	99597
~~(2), (3), and (6) of that section.~~	99598

(C)(1) ~~Except as provided by~~For fiscal year 2012 only and	99599
subject to division (C)(2) of this section, the department shall	99600
~~annually~~ award each nursing facility participating in the medicaid	99601
program ~~one point~~points for ~~each of~~meeting the following	99602
accountability measures ~~the facility meets~~:	99603

(a) The facility had no health deficiencies on the facility's	99604
most recent standard survey.	99605

(b) The facility had no health deficiencies with a scope and	99606
severity level greater than E, as determined under nursing	99607
facility certification standards established under Title XIX, on	99608
the facility's most recent standard survey.	99609

(c) The facility's resident satisfaction is above the	99610
statewide average.	99611

(d) The facility's family satisfaction is above the statewide	99612
average.	99613

(e) The number of hours the facility employs nurses is above	99614
the statewide average.	99615

(f) The facility's employee retention rate is above the	99616
average for the facility's peer group established in division (C)	99617
of section 5111.231 of the Revised Code.	99618

(g) The facility's occupancy rate is above the statewide	99619
average.	99620

(h) ~~The facility's medicaid utilization rate is above the~~	99621
~~statewide average.~~	99622

~~(i)~~ The facility's case-mix score is above the statewide	99623
average.	99624

(i) The facility's medicaid utilization rate is above the	99625
statewide average.	99626

(2) A nursing facility shall be awarded one point for each of	99627
the accountability measures specified in divisions (C)(1)(a) to	99628
(h) of this section that the nursing facility meets. A nursing	99629
facility shall be awarded three points for meeting the	99630
accountability measure specified in division (C)(1)(i) of this	99631
section. The department shall award points pursuant to division	99632
(C)(1)(c) or (d) of this section to a nursing facility only ~~for a~~	99633
~~fiscal year immediately following a calendar year for which~~if a	99634
survey of resident or family satisfaction ~~has been~~was conducted	99635
under section 173.47 of the Revised Code for the nursing facility	99636
in calendar year 2010.	99637

(D)(1) For fiscal year 2013 and thereafter, the department	99638
shall award each nursing facility participating in the medicaid	99639
program points for meeting accountability measures in accordance	99640
with amendments to be made to this section not later than December	99641
31, 2011, that provide for all of the following:	99642

(a) Meaningful accountability measures of quality of care,	99643
quality of life, and nursing facility staffing;	99644

(b) The maximum number of points that a nursing facility may	99645
earn for meeting accountability measures;	99646

(c) A methodology for calculating the quality incentive	99647
payment that recognizes different business and care models in	99648
nursing facilities by providing flexibility in nursing facilities'	99649
ability to earn the entire quality incentive payment;	99650

(d) A quality bonus to be paid at the end of a fiscal year in	99651
a manner that provides for all funds that the general assembly	99652
intends to be used for the quality incentive payment for that	99653
fiscal year are distributed to nursing facilities.	99654

(2) For the purpose of division (D)(1)(d) of this section,	99655
the amount of funds that the general assembly intends to be used	99656
for the quality incentive payment for a fiscal year shall be the	99657
product of the following:	99658

(a) The number of medicaid days in the fiscal year;

99659

(b) The maximum quality incentive payment the general	99660
assembly has specified in law to be paid to nursing facilities for	99661
that fiscal year.	99662

(E) The director of job and family services shall adopt rules	99663
under section 5111.02 of the Revised Code as necessary to	99664
implement this section. ~~The rules shall include rules establishing~~	99665
~~the system for awarding points under division (C) of this section.~~	99666

Sec. 5111.25. (A) As used in this section~~, "applicable~~:

99667

(1) "Applicable calendar year" means the following:

99668

~~(1)~~(a) For the purpose of the department of job and family	99669
services' initial determination under division (D) of this section	99670
of each peer group's ~~median~~ rate for capital costs, calendar year	99671
2003;	99672

~~(2)~~(b) For the purpose of the department's ~~subsequent~~	99673
~~determinations under division (D) of this section of each peer~~	99674
~~group's median rate for capital costs~~rebasings, the calendar year	99675
the department selects.	99676

(2) "Rebasing" means a redetermination under division (D) of	99677
this section of each peer groups' rate for capital costs using	99678
information from cost reports for an applicable calendar year that	99679
is later than the applicable calendar year used for the previous	99680
determination of such rates.	99681

(B) The department of job and family services shall pay a	99682
provider for each of the provider's eligible nursing facilities a	99683
per resident per day rate for capital costs~~. A nursing facility's~~	99684
~~rate for capital costs shall be the median rate for capital costs~~	99685
~~for the nursing facilities in~~determined for the nursing	99686
facility's peer group ~~as determined~~ under division (D) of this	99687
section.	99688

(C) For the purpose of determining nursing facilities' rate	99689
for capital costs, the department shall establish six peer groups.	99690

Each nursing facility located in any of the following	99691
counties shall be placed in peer group one or two: Brown, Butler,	99692
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	99693
located in any of those counties that has fewer than one hundred	99694
beds shall be placed in peer group one. Each nursing facility	99695
located in any of those counties that has one hundred or more beds	99696
shall be placed in peer group two.	99697

Each nursing facility located in any of the following	99698
counties shall be placed in peer group three or four: Ashtabula,	99699
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	99700
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	99701
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	99702
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	99703
Union, and Wood. Each nursing facility located in any of those	99704
counties that has fewer than one hundred beds shall be placed in	99705
peer group three. Each nursing facility located in any of those	99706
counties that has one hundred or more beds shall be placed in peer	99707
group four.	99708

Each nursing facility located in any of the following	99709
counties shall be placed in peer group five or six: Adams, Allen,	99710
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	99711
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	99712
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	99713
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	99714
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	99715
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	99716
Washington, Wayne, Williams, and Wyandot. Each nursing facility	99717
located in any of those counties that has fewer than one hundred	99718
beds shall be placed in peer group five. Each nursing facility	99719
located in any of those counties that has one hundred or more beds	99720
shall be placed in peer group six.	99721

(D)(1) ~~At least once every ten years, the~~The department	99722
shall determine the ~~median~~ rate for capital costs for each peer	99723
group established under division (C) of this section. The ~~median~~	99724
department is not required to conduct a rebasing more than once	99725
every ten years. Except as necessary to implement the amendments	99726
made by this act to this section, the rate for capital costs	99727
determined under this division for a peer group shall be used for	99728
subsequent years until the department ~~redetermines it~~conducts a	99729
rebasing. ~~To determine a~~A peer group's ~~median~~ rate for capital	99730
costs shall be the rate for capital costs determined for the	99731
nursing facility in the peer group that is at the twenty-fifth	99732
percentile of the rate for capital costs for the applicable	99733
calendar year. In identifying that nursing facility, the	99734
department shall do both of the following:	99735

(a) Subject to division (D)(2) of this section, use the	99736
greater of each nursing facility's actual inpatient days for the	99737
applicable calendar year or the inpatient days the nursing	99738
facility would have had for the applicable calendar year if its	99739
occupancy rate had been one hundred per cent.;	99740

(b) Exclude both of the following:

99741

(i) Nursing facilities that participated in the medicaid	99742
program under the same provider for less than twelve months in the	99743
applicable calendar year;	99744

(ii) Nursing facilities whose capital costs are more than one	99745
standard deviation from the mean desk-reviewed, actual, allowable,	99746
per diem capital cost for all nursing facilities in the nursing	99747
facility's peer group for the applicable calendar year.	99748

(2) For the purpose of determining a nursing facility's	99749
occupancy rate under division (D)(1)(a) of this section, the	99750
department shall include any beds that the nursing facility	99751
removes from its medicaid-certified capacity after June 30, 2005,	99752
unless the nursing facility also removes the beds from its	99753
licensed bed capacity.	99754

(3) The department shall not redetermine a peer group's rate	99755
for capital costs under this division based on additional	99756
information that it receives after the rate is determined. The	99757
department shall redetermine a peer group's rate for capital costs	99758
only if the department made an error in determining the rate based	99759
on information available to the department at the time of the	99760
original determination.	99761

(E) Buildings shall be depreciated using the straight line	99762
method over forty years or over a different period approved by the	99763
department. Components and equipment shall be depreciated using	99764
the straight-line method over a period designated in rules adopted	99765
under section 5111.02 of the Revised Code, consistent with the	99766
guidelines of the American hospital association, or over a	99767
different period approved by the department. Any rules authorized	99768
by this division that specify useful lives of buildings,	99769
components, or equipment apply only to assets acquired on or after	99770
July 1, 1993. Depreciation for costs paid or reimbursed by any	99771
government agency shall not be included in capital costs unless	99772
that part of the payment under sections 5111.20 to ~~5111.33~~	99773
5111.331 of the Revised Code is used to reimburse the government	99774
agency.	99775

(F) The capital cost basis of nursing facility assets shall	99776
be determined in the following manner:	99777

(1) Except as provided in division (F)(3) of this section,	99778
for purposes of calculating the rates to be paid for facilities	99779
with dates of licensure on or before June 30, 1993, the capital	99780
cost basis of each asset shall be equal to the desk-reviewed,	99781
actual, allowable, capital cost basis that is listed on the	99782
facility's cost report for the calendar year preceding the fiscal	99783
year during which the rate will be paid.	99784

(2) For facilities with dates of licensure after June 30,	99785
1993, the capital cost basis shall be determined in accordance	99786
with the principles of the medicare program established under	99787
Title XVIII, except as otherwise provided in sections 5111.20 to	99788
~~5111.33~~5111.331 of the Revised Code.	99789

(3) Except as provided in division (F)(4) of this section, if	99790
a provider transfers an interest in a facility to another provider	99791
after June 30, 1993, there shall be no increase in the capital	99792
cost basis of the asset if the providers are related parties or	99793
the provider to which the interest is transferred authorizes the	99794
provider that transferred the interest to continue to operate the	99795
facility under a lease, management agreement, or other	99796
arrangement. If the previous sentence does not prohibit the	99797
adjustment of the capital cost basis under this division, the	99798
basis of the asset shall be adjusted by ~~the lesser of the~~	99799
~~following:~~	99800

~~(a) One-half of the change in construction costs during the~~	99801
~~time that the transferor held the asset, as calculated by the~~	99802
~~department of job and family services using the "Dodge building~~	99803
~~cost indexes, northeastern and north central states," published by~~	99804
~~Marshall and Swift;~~	99805

~~(b) One-half~~one-half of the change in the consumer price	99806
index for all items for all urban consumers, as published by the	99807
United States bureau of labor statistics, during the time that the	99808
transferor held the asset.	99809

(4) If a provider transfers an interest in a facility to	99810
another provider who is a related party, the capital cost basis of	99811
the asset shall be adjusted as specified in division (F)(3) of	99812
this section if all of the following conditions are met:	99813

(a) The related party is a relative of owner;

99814

(b) Except as provided in division (F)(4)(c)(ii) of this	99815
section, the provider making the transfer retains no ownership	99816
interest in the facility;	99817

(c) The department of job and family services determines that	99818
the transfer is an arm's length transaction pursuant to rules	99819
adopted under section 5111.02 of the Revised Code. The rules shall	99820
provide that a transfer is an arm's length transaction if all of	99821
the following apply:	99822

(i) Once the transfer goes into effect, the provider that	99823
made the transfer has no direct or indirect interest in the	99824
provider that acquires the facility or the facility itself,	99825
including interest as an owner, officer, director, employee,	99826
independent contractor, or consultant, but excluding interest as a	99827
creditor.	99828

(ii) The provider that made the transfer does not reacquire	99829
an interest in the facility except through the exercise of a	99830
creditor's rights in the event of a default. If the provider	99831
reacquires an interest in the facility in this manner, the	99832
department shall treat the facility as if the transfer never	99833
occurred when the department calculates its reimbursement rates	99834
for capital costs.	99835

(iii) The transfer satisfies any other criteria specified in	99836
the rules.	99837

(d) Except in the case of hardship caused by a catastrophic	99838
event, as determined by the department, or in the case of a	99839
provider making the transfer who is at least sixty-five years of	99840
age, not less than twenty years have elapsed since, for the same	99841
facility, the capital cost basis was adjusted most recently under	99842
division (F)(4) of this section or actual, allowable cost of	99843
ownership was determined most recently under division (G)(9) of	99844
this section.	99845

(G) As used in this division:

99846

"Imputed interest" means the lesser of the prime rate plus	99847
two per cent or ten per cent.	99848

"Lease expense" means lease payments in the case of an	99849
operating lease and depreciation expense and interest expense in	99850
the case of a capital lease.	99851

"New lease" means a lease, to a different lessee, of a	99852
nursing facility that previously was operated under a lease.	99853

(1) Subject to division (B) of this section, for a lease of a	99854
facility that was effective on May 27, 1992, the entire lease	99855
expense is an actual, allowable capital cost during the term of	99856
the existing lease. The entire lease expense also is an actual,	99857
allowable capital cost if a lease in existence on May 27, 1992, is	99858
renewed under either of the following circumstances:	99859

(a) The renewal is pursuant to a renewal option that was in	99860
existence on May 27, 1992;	99861

(b) The renewal is for the same lease payment amount and	99862
between the same parties as the lease in existence on May 27,	99863
1992.	99864

(2) Subject to division (B) of this section, for a lease of a	99865
facility that was in existence but not operated under a lease on	99866
May 27, 1992, actual, allowable capital costs shall include the	99867
lesser of the annual lease expense or the annual depreciation	99868
expense and imputed interest expense that would be calculated at	99869
the inception of the lease using the lessor's entire historical	99870
capital asset cost basis, adjusted by ~~the lesser of the following~~	99871
~~amounts:~~	99872

~~(a) One-half of the change in construction costs during the~~	99873
~~time the lessor held each asset until the beginning of the lease,~~	99874
~~as calculated by the department using the "Dodge building cost~~	99875
~~indexes, northeastern and north central states," published by~~	99876
~~Marshall and Swift;~~	99877

~~(b) One-half~~one-half of the change in the consumer price	99878
index for all items for all urban consumers, as published by the	99879
United States bureau of labor statistics, during the time the	99880
lessor held each asset until the beginning of the lease.	99881

(3) Subject to division (B) of this section, for a lease of a	99882
facility with a date of licensure on or after May 27, 1992, that	99883
is initially operated under a lease, actual, allowable capital	99884
costs shall include the annual lease expense if there was a	99885
substantial commitment of money for construction of the facility	99886
after December 22, 1992, and before July 1, 1993. If there was not	99887
a substantial commitment of money after December 22, 1992, and	99888
before July 1, 1993, actual, allowable capital costs shall include	99889
the lesser of the annual lease expense or the sum of the	99890
following:	99891

(a) The annual depreciation expense that would be calculated	99892
at the inception of the lease using the lessor's entire historical	99893
capital asset cost basis;	99894

(b) The greater of the lessor's actual annual amortization of	99895
financing costs and interest expense at the inception of the lease	99896
or the imputed interest expense calculated at the inception of the	99897
lease using seventy per cent of the lessor's historical capital	99898
asset cost basis.	99899

(4) Subject to division (B) of this section, for a lease of a	99900
facility with a date of licensure on or after May 27, 1992, that	99901
was not initially operated under a lease and has been in existence	99902
for ten years, actual, allowable capital costs shall include the	99903
lesser of the annual lease expense or the annual depreciation	99904
expense and imputed interest expense that would be calculated at	99905
the inception of the lease using the entire historical capital	99906
asset cost basis of ~~the lessor, adjusted by the lesser of the~~	99907
~~following:~~	99908

~~(a) One-half of the change in construction costs during the~~	99909
~~time the lessor held each asset until the beginning of the lease,~~	99910
~~as calculated by the department using the "Dodge building cost~~	99911
~~indexes, northeastern and north central states," published by~~	99912
~~Marshall and Swift;~~	99913

~~(b) One-half~~one-half of the change in the consumer price	99914
index for all items for all urban consumers, as published by the	99915
United States bureau of labor statistics, during the time the	99916
lessor held each asset until the beginning of the lease.	99917

(5) Subject to division (B) of this section, for a new lease	99918
of a facility that was operated under a lease on May 27, 1992,	99919
actual, allowable capital costs shall include the lesser of the	99920
annual new lease expense or the annual old lease payment. If the	99921
old lease was in effect for ten years or longer, the old lease	99922
payment from the beginning of the old lease shall be adjusted by	99923
~~the lesser of the following:~~	99924

~~(a) One-half of the change in construction costs from the~~	99925
~~beginning of the old lease to the beginning of the new lease, as~~	99926
~~calculated by the department using the "Dodge building cost~~	99927
~~indexes, northeastern and north central states," published by~~	99928
~~Marshall and Swift;~~	99929

~~(b) One-half~~one-half of the change in the consumer price	99930
index for all items for all urban consumers, as published by the	99931
United States bureau of labor statistics, from the beginning of	99932
the old lease to the beginning of the new lease.	99933

(6) Subject to division (B) of this section, for a new lease	99934
of a facility that was not in existence or that was in existence	99935
but not operated under a lease on May 27, 1992, actual, allowable	99936
capital costs shall include the lesser of annual new lease expense	99937
or the annual amount calculated for the old lease under division	99938
(G)(2), (3), (4), or (6) of this section, as applicable. If the	99939
old lease was in effect for ten years or longer, the lessor's	99940
historical capital asset cost basis shall be ~~adjusted by the~~	99941
~~lesser of the following~~, for purposes of calculating the annual	99942
amount under division (G)(2), (3), (4), or (6) of this section:	99943

~~(a) One-half of the change in construction costs from the~~	99944
~~beginning of the old lease to the beginning of the new lease, as~~	99945
~~calculated by the department using the "Dodge building cost~~	99946
~~indexes, northeastern and north central states," published by~~	99947
~~Marshall and Swift;~~	99948

~~(b) One-half~~, adjusted by one-half of the change in the	99949
consumer price index for all items for all urban consumers, as	99950
published by the United States bureau of labor statistics, from	99951
the beginning of the old lease to the beginning of the new lease.	99952

In the case of a lease under division (G)(3) of this section	99953
of a facility for which a substantial commitment of money was made	99954
after December 22, 1992, and before July 1, 1993, the old lease	99955
payment shall be adjusted for the purpose of determining the	99956
annual amount.	99957

(7) For any revision of a lease described in division (G)(1),	99958
(2), (3), (4), (5), or (6) of this section, or for any subsequent	99959
lease of a facility operated under such a lease, other than	99960
execution of a new lease, the portion of actual, allowable capital	99961
costs attributable to the lease shall be the same as before the	99962
revision or subsequent lease.	99963

(8) Except as provided in division (G)(9) of this section, if	99964
a provider leases an interest in a facility to another provider	99965
who is a related party or previously operated the facility, the	99966
related party's or previous operator's actual, allowable capital	99967
costs shall include the lesser of the annual lease expense or the	99968
reasonable cost to the lessor.	99969

(9) If a provider leases an interest in a facility to another	99970
provider who is a related party, regardless of the date of the	99971
lease, the related party's actual, allowable capital costs shall	99972
include the annual lease expense, subject to the limitations	99973
specified in divisions (G)(1) to (7) of this section, if all of	99974
the following conditions are met:	99975

(a) The related party is a relative of owner;

99976

(b) If the lessor retains an ownership interest, it is,	99977
except as provided in division (G)(9)(c)(ii) of this section, in	99978
only the real property and any improvements on the real property;	99979

(c) The department of job and family services determines that	99980
the lease is an arm's length transaction pursuant to rules adopted	99981
under section 5111.02 of the Revised Code. The rules shall provide	99982
that a lease is an arm's length transaction if all of the	99983
following apply:	99984

(i) Once the lease goes into effect, the lessor has no direct	99985
or indirect interest in the lessee or, except as provided in	99986
division (G)(9)(b) of this section, the facility itself, including	99987
interest as an owner, officer, director, employee, independent	99988
contractor, or consultant, but excluding interest as a lessor.	99989

(ii) The lessor does not reacquire an interest in the	99990
facility except through the exercise of a lessor's rights in the	99991
event of a default. If the lessor reacquires an interest in the	99992
facility in this manner, the department shall treat the facility	99993
as if the lease never occurred when the department calculates its	99994
reimbursement rates for capital costs.	99995

(iii) The lease satisfies any other criteria specified in the	99996
rules.	99997

(d) Except in the case of hardship caused by a catastrophic	99998
event, as determined by the department, or in the case of a lessor	99999
who is at least sixty-five years of age, not less than twenty	100000
years have elapsed since, for the same facility, the capital cost	100001
basis was adjusted most recently under division (F)(4) of this	100002
section or actual, allowable capital costs were determined most	100003
recently under division (G)(9) of this section.	100004

(10) This division does not apply to leases of specific items	100005
of equipment.	100006

Sec. 5111.251. (A) The department of job and family services	100007
shall pay a provider for each of the provider's eligible	100008
intermediate care facilities for the mentally retarded for its	100009
reasonable capital costs, a per resident per day rate established	100010
prospectively each fiscal year for each intermediate care facility	100011
for the mentally retarded. Except as otherwise provided in	100012
sections 5111.20 to ~~5111.33~~5111.331 of the Revised Code, the rate	100013
shall be based on the facility's capital costs for the calendar	100014
year preceding the fiscal year in which the rate will be paid. The	100015
rate shall equal the sum of the following:	100016

(1) The facility's desk-reviewed, actual, allowable, per diem	100017
cost of ownership for the preceding cost reporting period, limited	100018
as provided in divisions (C) and (F) of this section;	100019

(2) Any efficiency incentive determined under division (B) of	100020
this section;	100021

(3) Any amounts for renovations determined under division (D)	100022
of this section;	100023

(4) Any amounts for return on equity determined under	100024
division ~~(I)~~(H) of this section.	100025

Buildings shall be depreciated using the straight line method	100026
over forty years or over a different period approved by the	100027
department. Components and equipment shall be depreciated using	100028
the straight line method over a period designated by the director	100029
of job and family services in rules adopted under section 5111.02	100030
of the Revised Code, consistent with the guidelines of the	100031
American hospital association, or over a different period approved	100032
by the department of job and family services. Any rules authorized	100033
by this division that specify useful lives of buildings,	100034
components, or equipment apply only to assets acquired on or after	100035
July 1, 1993. Depreciation for costs paid or reimbursed by any	100036
government agency shall not be included in costs of ownership or	100037
renovation unless that part of the payment under sections 5111.20	100038
to ~~5111.33~~5111.331 of the Revised Code is used to reimburse the	100039
government agency.	100040

(B) The department of job and family services shall pay to a	100041
provider for each of the provider's eligible intermediate care	100042
facilities for the mentally retarded an efficiency incentive equal	100043
to fifty per cent of the difference between any desk-reviewed,	100044
actual, allowable cost of ownership and the applicable limit on	100045
cost of ownership payments under division (C) of this section. For	100046
purposes of computing the efficiency incentive, depreciation for	100047
costs paid or reimbursed by any government agency shall be	100048
considered as a cost of ownership, and the applicable limit under	100049
division (C) of this section shall apply both to facilities with	100050
more than eight beds and facilities with eight or fewer beds. The	100051
efficiency incentive paid to a provider for a facility with eight	100052
or fewer beds shall not exceed three dollars per patient day,	100053
adjusted annually for the inflation rate for the twelve-month	100054
period beginning on the first day of July of the calendar year	100055
preceding the calendar year that precedes the fiscal year for	100056
which the efficiency incentive is determined and ending on the	100057
thirtieth day of the following June, using the consumer price	100058
index for shelter costs for all urban consumers for the north	100059
central region, as published by the United States bureau of labor	100060
statistics.	100061

(C) Cost of ownership payments for intermediate care	100062
facilities for the mentally retarded with more than eight beds	100063
shall not exceed the following limits:	100064

(1) For facilities with dates of licensure prior to January	100065
1, l958, not exceeding two dollars and fifty cents per patient	100066
day;	100067

(2) For facilities with dates of licensure after December 31,	100068
l957, but prior to January 1, l968, not exceeding:	100069

(a) Three dollars and fifty cents per patient day if the cost	100070
of construction was three thousand five hundred dollars or more	100071
per bed;	100072

(b) Two dollars and fifty cents per patient day if the cost	100073
of construction was less than three thousand five hundred dollars	100074
per bed.	100075

(3) For facilities with dates of licensure after December 31,	100076
l967, but prior to January 1, l976, not exceeding:	100077

(a) Four dollars and fifty cents per patient day if the cost	100078
of construction was five thousand one hundred fifty dollars or	100079
more per bed;	100080

(b) Three dollars and fifty cents per patient day if the cost	100081
of construction was less than five thousand one hundred fifty	100082
dollars per bed, but exceeds three thousand five hundred dollars	100083
per bed;	100084

(c) Two dollars and fifty cents per patient day if the cost	100085
of construction was three thousand five hundred dollars or less	100086
per bed.	100087

(4) For facilities with dates of licensure after December 31,	100088
l975, but prior to January 1, l979, not exceeding:	100089

(a) Five dollars and fifty cents per patient day if the cost	100090
of construction was six thousand eight hundred dollars or more per	100091
bed;	100092

(b) Four dollars and fifty cents per patient day if the cost	100093
of construction was less than six thousand eight hundred dollars	100094
per bed but exceeds five thousand one hundred fifty dollars per	100095
bed;	100096

(c) Three dollars and fifty cents per patient day if the cost	100097
of construction was five thousand one hundred fifty dollars or	100098
less per bed, but exceeds three thousand five hundred dollars per	100099
bed;	100100

(d) Two dollars and fifty cents per patient day if the cost	100101
of construction was three thousand five hundred dollars or less	100102
per bed.	100103

(5) For facilities with dates of licensure after December 31,	100104
l978, but prior to January 1, l980, not exceeding:	100105

(a) Six dollars per patient day if the cost of construction	100106
was seven thousand six hundred twenty-five dollars or more per	100107
bed;	100108

(b) Five dollars and fifty cents per patient day if the cost	100109
of construction was less than seven thousand six hundred	100110
twenty-five dollars per bed but exceeds six thousand eight hundred	100111
dollars per bed;	100112

(c) Four dollars and fifty cents per patient day if the cost	100113
of construction was six thousand eight hundred dollars or less per	100114
bed but exceeds five thousand one hundred fifty dollars per bed;	100115

(d) Three dollars and fifty cents per patient day if the cost	100116
of construction was five thousand one hundred fifty dollars or	100117
less but exceeds three thousand five hundred dollars per bed;	100118

(e) Two dollars and fifty cents per patient day if the cost	100119
of construction was three thousand five hundred dollars or less	100120
per bed.	100121

(6) For facilities with dates of licensure after December 31,	100122
1979, but prior to January 1, 1981, not exceeding:	100123

(a) Twelve dollars per patient day if the beds were	100124
originally licensed as residential facility beds by the department	100125
of developmental disabilities;	100126

(b) Six dollars per patient day if the beds were originally	100127
licensed as nursing home beds by the department of health.	100128

(7) For facilities with dates of licensure after December 31,	100129
1980, but prior to January 1, 1982, not exceeding:	100130

(a) Twelve dollars per patient day if the beds were	100131
originally licensed as residential facility beds by the department	100132
of developmental disabilities;	100133

(b) Six dollars and forty-five cents per patient day if the	100134
beds were originally licensed as nursing home beds by the	100135
department of health.	100136

(8) For facilities with dates of licensure after December 31,	100137
1981, but prior to January 1, 1983, not exceeding:	100138

(a) Twelve dollars per patient day if the beds were	100139
originally licensed as residential facility beds by the department	100140
of developmental disabilities;	100141

(b) Six dollars and seventy-nine cents per patient day if the	100142
beds were originally licensed as nursing home beds by the	100143
department of health.	100144

(9) For facilities with dates of licensure after December 31,	100145
1982, but prior to January 1, 1984, not exceeding:	100146

(a) Twelve dollars per patient day if the beds were	100147
originally licensed as residential facility beds by the department	100148
of developmental disabilities;	100149

(b) Seven dollars and nine cents per patient day if the beds	100150
were originally licensed as nursing home beds by the department of	100151
health.	100152

(10) For facilities with dates of licensure after December	100153
31, 1983, but prior to January 1, 1985, not exceeding:	100154

(a) Twelve dollars and twenty-four cents per patient day if	100155
the beds were originally licensed as residential facility beds by	100156
the department of developmental disabilities;	100157

(b) Seven dollars and twenty-three cents per patient day if	100158
the beds were originally licensed as nursing home beds by the	100159
department of health.	100160

(11) For facilities with dates of licensure after December	100161
31, 1984, but prior to January 1, 1986, not exceeding:	100162

(a) Twelve dollars and fifty-three cents per patient day if	100163
the beds were originally licensed as residential facility beds by	100164
the department of developmental disabilities;	100165

(b) Seven dollars and forty cents per patient day if the beds	100166
were originally licensed as nursing home beds by the department of	100167
health.	100168

(12) For facilities with dates of licensure after December	100169
31, 1985, but prior to January 1, 1987, not exceeding:	100170

(a) Twelve dollars and seventy cents per patient day if the	100171
beds were originally licensed as residential facility beds by the	100172
department of developmental disabilities;	100173

(b) Seven dollars and fifty cents per patient day if the beds	100174
were originally licensed as nursing home beds by the department of	100175
health.	100176

(13) For facilities with dates of licensure after December	100177
31, 1986, but prior to January 1, 1988, not exceeding:	100178

(a) Twelve dollars and ninety-nine cents per patient day if	100179
the beds were originally licensed as residential facility beds by	100180
the department of developmental disabilities;	100181

(b) Seven dollars and sixty-seven cents per patient day if	100182
the beds were originally licensed as nursing home beds by the	100183
department of health.	100184

(14) For facilities with dates of licensure after December	100185
31, 1987, but prior to January 1, 1989, not exceeding thirteen	100186
dollars and twenty-six cents per patient day;	100187

(15) For facilities with dates of licensure after December	100188
31, 1988, but prior to January 1, 1990, not exceeding thirteen	100189
dollars and forty-six cents per patient day;	100190

(16) For facilities with dates of licensure after December	100191
31, 1989, but prior to January 1, 1991, not exceeding thirteen	100192
dollars and sixty cents per patient day;	100193

(17) For facilities with dates of licensure after December	100194
31, 1990, but prior to January 1, 1992, not exceeding thirteen	100195
dollars and forty-nine cents per patient day;	100196

(18) For facilities with dates of licensure after December	100197
31, 1991, but prior to January 1, 1993, not exceeding thirteen	100198
dollars and sixty-seven cents per patient day;	100199

(19) For facilities with dates of licensure after December	100200
31, 1992, not exceeding fourteen dollars and twenty-eight cents	100201
per patient day.	100202

(D) Beginning January 1, 1981, regardless of the original	100203
date of licensure, the department of job and family services shall	100204
pay a rate for the per diem capitalized costs of renovations to	100205
intermediate care facilities for the mentally retarded made after	100206
January 1, l981, not exceeding six dollars per patient day using	100207
1980 as the base year and adjusting the amount annually until June	100208
30, 1993, for fluctuations in construction costs calculated by the	100209
department using the "Dodge building cost indexes, northeastern	100210
and north central states," published by Marshall and Swift. The	100211
payment provided for in this division is the only payment that	100212
shall be made for the capitalized costs of a nonextensive	100213
renovation of an intermediate care facility for the mentally	100214
retarded. Nonextensive renovation costs shall not be included in	100215
cost of ownership, and a nonextensive renovation shall not affect	100216
the date of licensure for purposes of division (C) of this	100217
section. This division applies to nonextensive renovations	100218
regardless of whether they are made by an owner or a lessee. If	100219
the tenancy of a lessee that has made renovations ends before the	100220
depreciation expense for the renovation costs has been fully	100221
reported, the former lessee shall not report the undepreciated	100222
balance as an expense.	100223

For a nonextensive renovation to qualify for payment under	100224
this division, both of the following conditions must be met:	100225

(1) At least five years have elapsed since the date of	100226
licensure or date of an extensive renovation of the portion of the	100227
facility that is proposed to be renovated, except that this	100228
condition does not apply if the renovation is necessary to meet	100229
the requirements of federal, state, or local statutes, ordinances,	100230
rules, or policies.	100231

(2) The provider has obtained prior approval from the	100232
department of job and family services. The provider shall submit a	100233
plan that describes in detail the changes in capital assets to be	100234
accomplished by means of the renovation and the timetable for	100235
completing the project. The time for completion of the project	100236
shall be no more than eighteen months after the renovation begins.	100237
The director of job and family services shall adopt rules under	100238
section 5111.02 of the Revised Code that specify criteria and	100239
procedures for prior approval of renovation projects. No provider	100240
shall separate a project with the intent to evade the	100241
characterization of the project as a renovation or as an extensive	100242
renovation. No provider shall increase the scope of a project	100243
after it is approved by the department of job and family services	100244
unless the increase in scope is approved by the department.	100245

(E) The amounts specified in divisions (C) and (D) of this	100246
section shall be adjusted beginning July 1, 1993, for the	100247
estimated inflation for the twelve-month period beginning on the	100248
first day of July of the calendar year preceding the calendar year	100249
that precedes the fiscal year for which rate will be paid and	100250
ending on the thirtieth day of the following June, using the	100251
consumer price index for shelter costs for all urban consumers for	100252
the north central region, as published by the United States bureau	100253
of labor statistics.	100254

(F)(1) For facilities of eight or fewer beds that have dates	100255
of licensure or have been granted project authorization by the	100256
department of developmental disabilities before July 1, 1993, and	100257
for facilities of eight or fewer beds that have dates of licensure	100258
or have been granted project authorization after that date if the	100259
providers of the facilities demonstrate that they made substantial	100260
commitments of funds on or before that date, cost of ownership	100261
shall not exceed eighteen dollars and thirty cents per resident	100262
per day. The eighteen-dollar and thirty-cent amount shall be	100263
increased by the change in the "Dodge building cost indexes,	100264
northeastern and north central states," published by Marshall and	100265
Swift, during the period beginning June 30, 1990, and ending July	100266
1, 1993, and by the change in the consumer price index for shelter	100267
costs for all urban consumers for the north central region, as	100268
published by the United States bureau of labor statistics,	100269
annually thereafter.	100270

(2) For facilities with eight or fewer beds that have dates	100271
of licensure or have been granted project authorization by the	100272
department of developmental disabilities on or after July 1, 1993,	100273
for which substantial commitments of funds were not made before	100274
that date, cost of ownership payments shall not exceed the	100275
applicable amount calculated under division (F)(1) of this	100276
section, if the department of job and family services gives prior	100277
approval for construction of the facility. If the department does	100278
not give prior approval, cost of ownership payments shall not	100279
exceed the amount specified in division (C) of this section.	100280

(3) Notwithstanding divisions (D) and (F)(1) and (2) of this	100281
section, the total payment for cost of ownership, cost of	100282
ownership efficiency incentive, and capitalized costs of	100283
renovations for an intermediate care facility for the mentally	100284
retarded with eight or fewer beds shall not exceed the sum of the	100285
limitations specified in divisions (C) and (D) of this section.	100286

(G) Notwithstanding any provision of this section or section	100287
5111.241 of the Revised Code, the director of job and family	100288
services may adopt rules under section 5111.02 of the Revised Code	100289
that provide for a calculation of a combined maximum payment limit	100290
for indirect care costs and cost of ownership for intermediate	100291
care facilities for the mentally retarded with eight or fewer	100292
beds.	100293

(H) ~~After the date on which a transaction of sale is closed,~~	100294
~~the provider shall refund to the department the amount of excess~~	100295
~~depreciation paid to the provider for the facility by the~~	100296
~~department for each year the provider has operated the facility~~	100297
~~under a provider agreement and prorated according to the number of~~	100298
~~medicaid patient days for which the provider has received payment~~	100299
~~for the facility. For the purposes of this division, "depreciation~~	100300
~~paid to the provider for the facility" means the amount paid to~~	100301
~~the provider for the intermediate care facility for the mentally~~	100302
~~retarded for cost of ownership pursuant to this section less any~~	100303
~~amount paid for interest costs. For the purposes of this division,~~	100304
~~"excess depreciation" is the intermediate care facility for the~~	100305
~~mentally retarded's depreciated basis, which is the provider's~~	100306
~~cost less accumulated depreciation, subtracted from the purchase~~	100307
~~price but not exceeding the amount of depreciation paid to the~~	100308
~~provider for the facility.~~	100309

~~(I)~~ The department of job and family services shall pay a	100310
provider for each of the provider's eligible proprietary	100311
intermediate care facilities for the mentally retarded a return on	100312
the facility's net equity computed at the rate of one and one-half	100313
times the average of interest rates on special issues of public	100314
debt obligations issued to the federal hospital insurance trust	100315
fund for the cost reporting period. No facility's return on net	100316
equity paid under this division shall exceed one dollar per	100317
patient day.	100318

In calculating the rate for return on net equity, the	100319
department shall use the greater of the facility's inpatient days	100320
during the applicable cost reporting period or the number of	100321
inpatient days the facility would have had during that period if	100322
its occupancy rate had been ninety-five per cent.	100323

~~(J)~~(I)(1) Except as provided in division ~~(J)~~(I)(2) of this	100324
section, if a provider leases or transfers an interest in a	100325
facility to another provider who is a related party, the related	100326
party's allowable cost of ownership shall include the lesser of	100327
the following:	100328

(a) The annual lease expense or actual cost of ownership,	100329
whichever is applicable;	100330

(b) The reasonable cost to the lessor or provider making the	100331
transfer.	100332

(2) If a provider leases or transfers an interest in a	100333
facility to another provider who is a related party, regardless of	100334
the date of the lease or transfer, the related party's allowable	100335
cost of ownership shall include the annual lease expense or actual	100336
cost of ownership, whichever is applicable, subject to the	100337
limitations specified in divisions (B) to ~~(I)~~(H) of this section,	100338
if all of the following conditions are met:	100339

(a) The related party is a relative of owner;

100340

(b) In the case of a lease, if the lessor retains any	100341
ownership interest, it is, except as provided in division	100342
~~(J)~~(I)(2)(d)(ii) of this section, in only the real property and	100343
any improvements on the real property;	100344

(c) In the case of a transfer, the provider making the	100345
transfer retains, except as provided in division ~~(J)~~(I)(2)(d)(iv)	100346
of this section, no ownership interest in the facility;	100347

(d) The department of job and family services determines that	100348
the lease or transfer is an arm's length transaction pursuant to	100349
rules adopted under section 5111.02 of the Revised Code. The rules	100350
shall provide that a lease or transfer is an arm's length	100351
transaction if all of the following, as applicable, apply:	100352

(i) In the case of a lease, once the lease goes into effect,	100353
the lessor has no direct or indirect interest in the lessee or,	100354
except as provided in division ~~(J)~~(I)(2)(b) of this section, the	100355
facility itself, including interest as an owner, officer,	100356
director, employee, independent contractor, or consultant, but	100357
excluding interest as a lessor.	100358

(ii) In the case of a lease, the lessor does not reacquire an	100359
interest in the facility except through the exercise of a lessor's	100360
rights in the event of a default. If the lessor reacquires an	100361
interest in the facility in this manner, the department shall	100362
treat the facility as if the lease never occurred when the	100363
department calculates its reimbursement rates for capital costs.	100364

(iii) In the case of a transfer, once the transfer goes into	100365
effect, the provider that made the transfer has no direct or	100366
indirect interest in the provider that acquires the facility or	100367
the facility itself, including interest as an owner, officer,	100368
director, employee, independent contractor, or consultant, but	100369
excluding interest as a creditor.	100370

(iv) In the case of a transfer, the provider that made the	100371
transfer does not reacquire an interest in the facility except	100372
through the exercise of a creditor's rights in the event of a	100373
default. If the provider reacquires an interest in the facility in	100374
this manner, the department shall treat the facility as if the	100375
transfer never occurred when the department calculates its	100376
reimbursement rates for capital costs.	100377

(v) The lease or transfer satisfies any other criteria	100378
specified in the rules.	100379

(e) Except in the case of hardship caused by a catastrophic	100380
event, as determined by the department, or in the case of a lessor	100381
or provider making the transfer who is at least sixty-five years	100382
of age, not less than twenty years have elapsed since, for the	100383
same facility, allowable cost of ownership was determined most	100384
recently under this division.	100385

Sec. 5111.254. (A) The department of job and family services	100386
shall establish initial rates for a nursing facility with a first	100387
date of licensure that is on or after July 1, 2006, including a	100388
facility that replaces one or more existing facilities, or for a	100389
nursing facility with a first date of licensure before that date	100390
that was initially certified for the medicaid program on or after	100391
that date, in the following manner:	100392

(1) The rate for direct care costs shall be the product of	100393
the cost per case-mix unit determined under division (D) of	100394
section 5111.231 of the Revised Code for the facility's peer group	100395
and the nursing facility's case-mix score. For the purpose of	100396
division (A)(1) of this section, the nursing facility's case-mix	100397
score shall be the following:	100398

(a) Unless the nursing facility replaces an existing nursing	100399
facility that participated in the medicaid program immediately	100400
before the replacement nursing facility begins participating in	100401
the medicaid program, the median annual average case-mix score for	100402
the nursing facility's peer group;	100403

(b) If the nursing facility replaces an existing nursing	100404
facility that participated in the medicaid program immediately	100405
before the replacement nursing facility begins participating in	100406
the medicaid program, the semiannual case-mix score most recently	100407
determined under section 5111.232 of the Revised Code for the	100408
replaced nursing facility as adjusted, if necessary, to reflect	100409
any difference in the number of beds in the replaced and	100410
replacement nursing facilities.	100411

(2) The rate for ancillary and support costs shall be the	100412
rate for the facility's peer group determined under division (D)	100413
of section 5111.24 of the Revised Code.	100414

(3) The rate for capital costs shall be the ~~median~~ rate for	100415
the facility's peer group determined under division (D) of section	100416
5111.25 of the Revised Code.	100417

(4) The rate for tax costs as defined in section 5111.242 of	100418
the Revised Code shall be the median rate for tax costs for the	100419
facility's peer group in which the facility is placed under	100420
division (C) of section 5111.24 of the Revised Code.	100421

(5) The quality incentive payment shall be the mean payment	100422
~~specified in division (B) of~~made to nursing facilities under	100423
section 5111.244 of the Revised Code.	100424

(B) Subject to division (C) of this section, the department	100425
shall adjust the rates established under division (A) of this	100426
section effective the first day of July, to reflect new rate	100427
calculations for all nursing facilities under sections 5111.20 to	100428
~~5111.33~~5111.331 of the Revised Code.	100429

(C) If a rate for direct care costs is determined under this	100430
section for a nursing facility using the median annual average	100431
case-mix score for the nursing facility's peer group, the rate	100432
shall be redetermined to reflect the replacement nursing	100433
facility's actual semiannual case-mix score determined under	100434
section 5111.232 of the Revised Code after the nursing facility	100435
submits its first two quarterly assessment data that qualify for	100436
use in calculating a case-mix score in accordance with rules	100437
authorized by division (E) of section 5111.232 of the Revised	100438
Code. If the nursing facility's quarterly submissions do not	100439
qualify for use in calculating a case-mix score, the department	100440
shall continue to use the median annual average case-mix score for	100441
the nursing facility's peer group in lieu of the nursing	100442
facility's semiannual case-mix score until the nursing facility	100443
submits two consecutive quarterly assessment data that qualify for	100444
use in calculating a case-mix score.	100445

Sec. 5111.255. (A) The department of job and family services	100446
shall establish initial rates for an intermediate care facility	100447
for the mentally retarded with a first date of licensure that is	100448
on or after January 1, 1993, including a facility that replaces	100449
one or more existing facilities, or for an intermediate care	100450
facility for the mentally retarded with a first date of licensure	100451
before that date that was initially certified for the medicaid	100452
program on or after that date, in the following manner:	100453

(1) The rate for direct care costs shall be determined as	100454
follows:	100455

(a) If there are no cost or resident assessment data as	100456
necessary to calculate a rate under section 5111.23 of the Revised	100457
Code, the rate shall be the median cost per case-mix unit	100458
calculated under division (B)(1) of that section for the relevant	100459
peer group for the calendar year preceding the fiscal year in	100460
which the rate will be paid, multiplied by the median annual	100461
average case-mix score for the peer group for that period and by	100462
the rate of inflation estimated under division (B)(3) of that	100463
section. This rate shall be recalculated to reflect the facility's	100464
actual quarterly average case-mix score, in accordance with that	100465
section, after it submits its first quarterly assessment data that	100466
qualifies for use in calculating a case-mix score in accordance	100467
with rules authorized by division (E) of section 5111.232 of the	100468
Revised Code. If the facility's first two quarterly submissions do	100469
not contain assessment data that qualifies for use in calculating	100470
a case-mix score, the department shall continue to calculate the	100471
rate using the median annual case-mix score for the peer group in	100472
lieu of an assigned quarterly case-mix score. The department shall	100473
assign a case-mix score or, if necessary, a cost per case-mix unit	100474
under division (D) of section 5111.232 of the Revised Code for any	100475
subsequent submissions that do not contain assessment data that	100476
qualifies for use in calculating a case-mix score.	100477

(b) If the facility is a replacement facility and the	100478
facility or facilities that are being replaced are in operation	100479
immediately before the replacement facility opens, the rate shall	100480
be the same as the rate for the replaced facility or facilities,	100481
proportionate to the number of beds in each replaced facility. If	100482
one or more of the replaced facilities is not in operation	100483
immediately before the replacement facility opens, its proportion	100484
shall be determined under division (A)(1)(a) of this section.	100485

(2) The rate for other protected costs shall be one hundred	100486
fifteen per cent of the median rate for intermediate care	100487
facilities for the mentally retarded calculated for the fiscal	100488
year under section 5111.235 of the Revised Code.	100489

(3) The rate for indirect care costs shall be the applicable	100490
maximum rate for the facility's peer group as specified in	100491
division (B) of section 5111.241 of the Revised Code.	100492

(4) The rate for capital costs shall be determined under	100493
section 5111.251 of the Revised Code using the greater of actual	100494
inpatient days or an imputed occupancy rate of eighty per cent.	100495

(B) The department shall adjust the rates established under	100496
division (A) of this section at both of the following times:	100497

(1) Effective the first day of July, to reflect new rate	100498
calculations for all facilities under sections 5111.20 to ~~5111.33~~	100499
5111.331 of the Revised Code;	100500

(2) Following the provider's submission of the facility's	100501
cost report under division (A)(1)(b) of section 5111.26 of the	100502
Revised Code.	100503

The department shall pay the rate adjusted based on the cost	100504
report beginning the first day of the calendar quarter that begins	100505
more than ninety days after the department receives the cost	100506
report.	100507

Sec. 5111.258. (A) Notwithstanding sections 5111.20 to	100508
~~5111.33~~5111.331 of the Revised Code (except section 5111.259 of	100509
the Revised Code), the director of job and family services shall	100510
adopt rules under section 5111.02 of the Revised Code that	100511
establish a methodology for calculating the prospective rates that	100512
will be paid each fiscal year to a provider for each of the	100513
provider's eligible nursing facilities and intermediate care	100514
facilities for the mentally retarded, and discrete units of the	100515
provider's nursing facilities or intermediate care facilities for	100516
the mentally retarded, that serve residents who have diagnoses or	100517
special care needs that require direct care resources that are not	100518
measured adequately by the applicable assessment instrument	100519
specified in rules authorized by section 5111.232 of the Revised	100520
Code, or who have diagnoses or special care needs specified in the	100521
rules as otherwise qualifying for consideration under this	100522
section. The facilities and units of facilities whose rates are	100523
established under this division may include, but shall not be	100524
limited to, any of the following:	100525

(1) In the case of nursing facilities, facilities and units	100526
of facilities that serve medically fragile pediatric residents,	100527
residents who are dependent on ventilators, or residents who have	100528
severe traumatic brain injury, end-stage Alzheimer's disease, or	100529
end-stage acquired immunodeficiency syndrome;	100530

(2) In the case of intermediate care facilities for the	100531
mentally retarded, facilities and units of facilities that serve	100532
residents who have complex medical conditions or severe behavioral	100533
problems.	100534

The department shall use the methodology established under	100535
this division to pay for services rendered by such facilities and	100536
units after June 30, 1993.	100537

The rules authorized by this division shall specify the	100538
criteria and procedures the department will apply when designating	100539
facilities and units that qualify for calculation of rates under	100540
this division. The criteria shall include consideration of whether	100541
all of the allowable costs of the facility or unit would be paid	100542
by rates established under sections 5111.20 to ~~5111.33~~5111.331 of	100543
the Revised Code, and shall establish a minimum bed size for a	100544
facility or unit to qualify to have its rates established under	100545
this division. The criteria shall not be designed to require that	100546
residents be served only in facilities located in large cities.	100547
The methodology established by the rules shall consider the	100548
historical costs of providing care to the residents of the	100549
facilities or units.	100550

The rules may require that a facility designated under this	100551
division or containing a unit designated under this division	100552
receive authorization from the department to admit or retain a	100553
resident to the facility or unit and shall specify the criteria	100554
and procedures the department will apply when granting that	100555
authorization.	100556

Notwithstanding any other provision of sections 5111.20 to	100557
~~5111.33~~5111.331 of the Revised Code (except section 5111.259 of	100558
the Revised Code), the costs incurred by facilities or units whose	100559
rates are established under this division shall not be considered	100560
in establishing payment rates for other facilities or units.	100561

(B) The director may adopt rules under section 5111.02 of the	100562
Revised Code under which the department, notwithstanding any other	100563
provision of sections 5111.20 to ~~5111.33~~5111.331 of the Revised	100564
Code (except section 5111.259 of the Revised Code), may adjust	100565
the rates determined under sections 5111.20 to ~~5111.33~~5111.331 of	100566
the Revised Code for a facility that serves a resident who has a	100567
diagnosis or special care need that, in the rules authorized by	100568
division (A) of this section, would qualify a facility or unit of	100569
a facility to have its rate determined under that division, but	100570
who is not in such a unit. The rules may require that a facility	100571
that qualifies for a rate adjustment under this division receive	100572
authorization from the department to admit or retain a resident	100573
who qualifies the facility for the rate adjustment and shall	100574
specify the criteria and procedures the department will apply when	100575
granting that authorization.	100576

Sec. 5111.259. The director of job and family services may	100577
submit a request to the United States secretary of health and	100578
human services for approval to establish a centers of excellence	100579
component of the medicaid program. The purpose of the centers of	100580
excellence component is to increase the efficiency and quality of	100581
nursing facility services provided to medicaid recipients with	100582
complex nursing facility service needs. If federal approval for	100583
the centers of excellence component is granted, the director may	100584
adopt rules under section 5111.02 of the Revised Code governing	100585
the component, including rules that establish a method of	100586
determining the medicaid reimbursement rates for nursing	100587
facilities providing nursing facility services to medicaid	100588
recipients participating in the component. The rules may specify	100589
the extent to which, if any, of the provisions of section 5111.258	100590
of the Revised Code are to apply to the centers of excellence	100591
component. If such rules are adopted, the nursing facilities that	100592
provide nursing facility services to medicaid recipients	100593
participating in the centers of excellence component shall be paid	100594
for those services in accordance with the method established in	100595
the rules notwithstanding anything to the contrary in sections	100596
5111.20 to 5111.331 of the Revised Code.	100597

Sec. 5111.261. (A) Except as provided in division (B) of	100598
this section and not later than three years after a provider files	100599
a cost report with the department of job and family services under	100600
section 5111.26 of the Revised Code, the provider may amend the	100601
cost report if the provider discovers a material error in the cost	100602
report or additional information to be included in the cost	100603
report. The department shall review the amended cost report for	100604
accuracy and notify the provider of its determination.	100605

(B) A provider may not amend a cost report if the department	100606
has notified the provider that an audit of the cost report or a	100607
cost report of the provider for a subsequent cost reporting period	100608
is to be conducted under section 5111.27 of the Revised Code. The	100609
provider may, however, provide the department information that	100610
affects the costs included in the cost report. Such information	100611
may not be provided after the adjudication of the final settlement	100612
of the cost report.	100613

Sec. 5111.262. No person, other than the provider of a	100614
nursing facility, shall submit a claim for medicaid reimbursement	100615
for a service provided to a nursing facility resident if the	100616
service is included in a medicaid payment made to the provider of	100617
a nursing facility under sections 5111.20 to 5111.33 of the	100618
Revised Code or in the reimbursable expenses reported on a	100619
provider's cost report for a nursing facility. No provider of a	100620
nursing facility shall submit a separate claim for medicaid	100621
reimbursement for a service provided to a resident of the nursing	100622
facility if the service is included in a medicaid payment made to	100623
the provider under sections 5111.20 to ~~5111.33~~5111.331 of the	100624
Revised Code or in the reimbursable expenses on the provider's	100625
cost report for the nursing facility.	100626

~~Sec. 5111.261.~~ Sec. 5111.263. Except as otherwise provided in	100627
section 5111.264 of the Revised Code, the department of job and	100628
family services, in determining whether an intermediate care	100629
facility for the mentally retarded's direct care costs and	100630
indirect care costs are allowable, shall place no limit on	100631
specific categories of reasonable costs other than compensation of	100632
owners, compensation of relatives of owners, and compensation of	100633
administrators.	100634

Compensation cost limits for owners and relatives of owners	100635
shall be based on compensation costs for individuals who hold	100636
comparable positions but who are not owners or relatives of	100637
owners, as reported on facility cost reports. As used in this	100638
section, "comparable position" means the position that is held by	100639
the owner or the owner's relative, if that position is listed	100640
separately on the cost report form, or if the position is not	100641
listed separately, the group of positions that is listed on the	100642
cost report form and that includes the position held by the owner	100643
or the owner's relative. In the case of an owner or owner's	100644
relative who serves the facility in a capacity such as corporate	100645
officer, proprietor, or partner for which no comparable position	100646
or group of positions is listed on the cost report form, the	100647
compensation cost limit shall be based on civil service	100648
equivalents and shall be specified in rules adopted under section	100649
5111.02 of the Revised Code.	100650

Compensation cost limits for administrators shall be based on	100651
compensation costs for administrators who are not owners or	100652
relatives of owners, as reported on facility cost reports.	100653
Compensation cost limits for administrators of four or more	100654
intermediate care facilities for the mentally retarded shall be	100655
the same as the limits for administrators of intermediate care	100656
facilities for the mentally retarded with one hundred fifty or	100657
more beds.	100658

Sec. 5111.27. (A) The department of job and family services	100659
shall conduct a desk review of each cost report it receives under	100660
section 5111.26 of the Revised Code. Based on the desk review, the	100661
department shall make a preliminary determination of whether the	100662
reported costs are allowable costs. The department shall notify	100663
each provider of whether any of the reported costs are	100664
preliminarily determined not to be allowable, the rate calculation	100665
under sections 5111.20 to ~~5111.33~~5111.331 of the Revised Code	100666
that results from that determination, and the reasons for the	100667
determination and resulting rate. The department shall allow the	100668
provider to verify the calculation and submit additional	100669
information.	100670

(B) The department may conduct an audit, as defined by rule	100671
adopted under section 5111.02 of the Revised Code, of any cost	100672
report ~~and shall notify the provider of its findings.~~	100673

~~Audits shall be conducted by auditors under contract with or~~	100674
~~employed by the department~~. The decision whether to conduct an	100675
audit and the scope of the audit, which may be a desk or field	100676
audit, ~~shall~~may be determined based on prior performance of the	100677
provider ~~and may be based on~~, a risk analysis, or other evidence	100678
that gives the department reason to believe that the provider has	100679
reported costs improperly. A desk or field audit may be performed	100680
annually, but is required whenever a provider does not pass the	100681
risk analysis tolerance factors. An audit shall be conducted by	100682
auditors under contract with or employed by the department. The	100683
department shall notify a provider of the findings of an audit by	100684
issuing an audit report. An audit report regarding a nursing	100685
facility shall include notice of any fine imposed under section	100686
5111.271 of the Revised Code. The department shall issue the audit	100687
report no later than three years after the cost report is filed,	100688
or upon the completion of a desk or field audit on the report or a	100689
report for a subsequent cost reporting period, whichever is	100690
earlier. ~~During the time within which the department may issue an~~	100691
~~audit report, the provider may amend the cost report upon~~	100692
~~discovery of a material error or material additional information.~~	100693
~~The department shall review the amended cost report for accuracy~~	100694
~~and notify the provider of its determination.~~	100695

The department may establish a contract for the auditing of	100696
facilities by outside firms. Each contract entered into by bidding	100697
shall be effective for one to two years. The department shall	100698
establish an audit manual and program which shall require that all	100699
field audits, conducted either pursuant to a contract or by	100700
department employees:	100701

(1) Comply with the applicable rules prescribed pursuant to	100702
Titles XVIII and XIX;	100703

(2) Consider generally accepted auditing standards prescribed	100704
by the American institute of certified public accountants;	100705

(3) Include a written summary as to whether the costs	100706
included in the report examined during the audit are allowable and	100707
are presented ~~fairly~~ in accordance with ~~generally accepted~~	100708
~~accounting principles and department rules~~state and federal laws	100709
and regulations, and whether, in all material respects, allowable	100710
costs are documented, reasonable, and related to patient care;	100711

(4) Are conducted by accounting firms or auditors who, during	100712
the period of the auditors' professional engagement or employment	100713
and during the period covered by the cost reports, do not have nor	100714
are committed to acquire any direct or indirect financial interest	100715
in the ownership, financing, or operation of a nursing facility or	100716
intermediate care facility for the mentally retarded in this	100717
state;	100718

(5) Are conducted by accounting firms or auditors who, as a	100719
condition of the contract or employment, shall not audit any	100720
facility that has been a client of the firm or auditor;	100721

(6) Are conducted by auditors who are otherwise independent	100722
as determined by the standards of independence ~~established by~~	100723
included in the ~~American institute of certified public accountants~~	100724
government auditing standards produced by the United States	100725
government accountability office;	100726

(7) Are completed within the time period specified by the	100727
department;	100728

(8) Provide to the provider complete written interpretations	100729
that explain in detail the application of all relevant contract	100730
provisions, regulations, auditing standards, rate formulae, and	100731
departmental policies, with explanations and examples, that are	100732
sufficient to permit the provider to calculate with reasonable	100733
certainty those costs that are allowable and the rate to which the	100734
provider's facility is entitled.	100735

For the purposes of division (B)(4) of this section,	100736
employment of a member of an auditor's family by a nursing	100737
facility or intermediate care facility for the mentally retarded	100738
that the auditor does not review does not constitute a direct or	100739
indirect financial interest in the ownership, financing, or	100740
operation of the facility.	100741

(C) The department, pursuant to rules adopted under section	100742
5111.02 of the Revised Code, may conduct an exception review of	100743
assessment data submitted under section 5111.232 of the Revised	100744
Code. The department may conduct an exception review based on the	100745
findings of a certification survey conducted by the department of	100746
health, a risk analysis, or prior performance of the provider.	100747

Exception reviews shall be conducted at the facility by	100748
appropriate health professionals under contract with or employed	100749
by the department of job and family services. The professionals	100750
may review resident assessment forms and supporting documentation,	100751
conduct interviews, and observe residents to identify any patterns	100752
or trends of inaccurate assessments and resulting inaccurate	100753
case-mix scores.	100754

The rules shall establish an exception review program that	100755
requires that exception reviews do all of the following:	100756

(1) Comply with Titles XVIII and XIX;

100757

(2) Provide a written summary that states whether the	100758
resident assessment forms have been completed accurately;	100759

(3) Are conducted by health professionals who, during the	100760
period of their professional engagement or employment with the	100761
department, neither have nor are committed to acquire any direct	100762
or indirect financial interest in the ownership, financing, or	100763
operation of a nursing facility or intermediate care facility for	100764
the mentally retarded in this state;	100765

(4) Are conducted by health professionals who, as a condition	100766
of their engagement or employment with the department, shall not	100767
review any provider that has been a client of the professional.	100768

For the purposes of division (C)(3) of this section,	100769
employment of a member of a health professional's family by a	100770
nursing facility or intermediate care facility for the mentally	100771
retarded that the professional does not review does not constitute	100772
a direct or indirect financial interest in the ownership,	100773
financing, or operation of the facility.	100774

If an exception review is conducted before the effective date	100775
of the rate that is based on the case-mix data subject to the	100776
review and the review results in findings that exceed tolerance	100777
levels specified in the rules adopted under this division, the	100778
department, in accordance with those rules, may use the findings	100779
to recalculate individual resident case-mix scores, quarterly	100780
average facility case-mix scores, and annual average facility	100781
case-mix scores. The department may use the recalculated quarterly	100782
and annual facility average case-mix scores to calculate the	100783
facility's rate for direct care costs for the appropriate calendar	100784
quarter or quarters.	100785

(D) The department shall prepare a written summary of any	100786
audit disallowance or exception review finding that is made after	100787
the effective date of the rate that is based on the cost or	100788
case-mix data. Where the provider is pursuing judicial or	100789
administrative remedies in good faith regarding the disallowance	100790
or finding, the department shall not withhold from the provider's	100791
current payments any amounts the department claims to be due from	100792
the provider pursuant to section 5111.28 of the Revised Code.	100793

(E) The department shall not reduce rates calculated under	100794
sections 5111.20 to ~~5111.33~~5111.331 of the Revised Code on the	100795
basis that the provider charges a lower rate to any resident who	100796
is not eligible for the medicaid program.	100797

(F) The department shall adjust the rates calculated under	100798
sections 5111.20 to ~~5111.33~~5111.331 of the Revised Code to	100799
account for reasonable additional costs that must be incurred by	100800
intermediate care facilities for the mentally retarded to comply	100801
with requirements of federal or state statutes, rules, or policies	100802
enacted or amended after January 1, 1992, or with orders issued by	100803
state or local fire authorities.	100804

Sec. 5111.271. (A) Subject to division (D) of this section,	100805
the department of job and family services shall fine the provider	100806
of a nursing facility if the report of an audit conducted under	100807
division (B) of section 5111.27 of the Revised Code regarding a	100808
cost report for the nursing facility includes either of the	100809
following:	100810

(1) Adverse findings that exceed three per cent of the total	100811
amount of medicaid-reimbursable costs reported in the cost report;	100812

(2) Adverse findings that exceed twenty per cent of	100813
medicaid-reimbursable costs for a particular cost center reported	100814
in the cost report.	100815

(B) A fine issued under this section shall equal the greatest	100816
of the following:	100817

(1) If the adverse findings exceed three per cent but do not	100818
exceed ten per cent of the total amount of medicaid-reimbursable	100819
costs reported in the cost report, the greater of three per cent	100820
of those reported costs or ten thousand dollars;	100821

(2) If the adverse findings exceed ten per cent but do not	100822
exceed twenty per cent of the total amount of	100823
medicaid-reimbursable costs reported in the cost report, the	100824
greater of six per cent of those reported costs or twenty-five	100825
thousand dollars;	100826

(3) If the adverse findings exceed twenty per cent of the	100827
total amount of medicaid-reimbursable costs reported in the cost	100828
report, the greater of ten per cent of those reported costs or	100829
fifty thousand dollars;	100830

(4) If the adverse findings exceed twenty per cent but do not	100831
exceed twenty-five per cent of medicaid-reimbursable costs for a	100832
particular cost center reported in the cost report, the greater of	100833
three per cent of the total amount of medicaid-reimbursable costs	100834
reported in the cost report or ten thousand dollars;	100835

(5) If the adverse findings exceed twenty-five per cent but	100836
do not exceed thirty per cent of medicaid-reimbursable costs for a	100837
particular cost center reported in the cost report, the greater of	100838
six per cent of the total amount of medicaid-reimbursable costs	100839
reported in the cost report or twenty-five thousand dollars;	100840

(6) If the adverse findings exceed thirty per cent of	100841
medicaid-reimbursable costs for a particular cost center reported	100842
in the cost report, the greater of ten per cent of the total	100843
amount of medicaid-reimbursable costs reported in the cost report	100844
or fifty thousand dollars.	100845

(C) Fines paid under this section shall be deposited into the	100846
health care services administration fund created under section	100847
5111.94 of the Revised Code.	100848

(D) The department may not collect a fine under this section	100849
until all appeal rights relating to the audit report that is the	100850
basis for the fine are exhausted.	100851

Sec. 5111.28. (A) If a provider properly amends its cost	100852
report under section ~~5111.27~~5111.261 of the Revised Code and the	100853
amended report shows that the provider received a lower rate under	100854
the original cost report than it was entitled to receive, the	100855
department of job and family services shall adjust the provider's	100856
rate prospectively to reflect the corrected information. The	100857
department shall pay the adjusted rate beginning two months after	100858
the first day of the month after the provider files the amended	100859
cost report. If the department finds, from an exception review of	100860
resident assessment information conducted after the effective date	100861
of the rate for direct care costs that is based on the assessment	100862
information, that inaccurate assessment information resulted in	100863
the provider receiving a lower rate than it was entitled to	100864
receive, the department prospectively shall adjust the provider's	100865
rate accordingly and shall make payments using the adjusted rate	100866
for the remainder of the calendar quarter for which the assessment	100867
information is used to determine the rate, beginning one month	100868
after the first day of the month after the exception review is	100869
completed.	100870

(B) If the provider properly amends its cost report under	100871
section ~~5111.27~~5111.261 of the Revised Code, the department makes	100872
a finding based on an audit under ~~that~~ section 5111.27 of the	100873
Revised Code, or the department makes a finding based on an	100874
exception review of resident assessment information conducted	100875
under ~~that~~ section 5111.27 of the Revised Code after the effective	100876
date of the rate for direct care costs that is based on the	100877
assessment information, any of which results in a determination	100878
that the provider has received a higher rate than it was entitled	100879
to receive, the department shall recalculate the provider's rate	100880
using the revised information. The department shall apply the	100881
recalculated rate to the periods when the provider received the	100882
incorrect rate to determine the amount of the overpayment. The	100883
provider shall refund the amount of the overpayment.	100884

In addition to requiring a refund under this division, the	100885
department may charge the provider interest at the applicable rate	100886
specified in this division from the time the overpayment was made.	100887

(1) If the overpayment resulted from costs reported for	100888
calendar year 1993, the interest shall be no greater than one and	100889
one-half times the average bank prime rate.	100890

(2) If the overpayment resulted from costs reported for	100891
subsequent calendar years:	100892

(a) The interest shall be no greater than two times the	100893
average bank prime rate if the overpayment was equal to or less	100894
than one per cent of the total medicaid payments to the provider	100895
for the fiscal year for which the incorrect information was used	100896
to establish a rate.	100897

(b) The interest shall be no greater than two and one-half	100898
times the current average bank prime rate if the overpayment was	100899
greater than one per cent of the total medicaid payments to the	100900
provider for the fiscal year for which the incorrect information	100901
was used to establish a rate.	100902

100903

(1) If a provider does not furnish invoices or other	100904
documentation that the department requests during an audit within	100905
sixty days after the request, no more than the greater of one	100906
thousand dollars per audit or twenty-five per cent of the	100907
cumulative amount by which the costs for which documentation was	100908
not furnished increased the total medicaid payments to the	100909
provider during the fiscal year for which the costs were used to	100910
establish a rate;	100911

(2) If an exiting operator or owner fails to provide notice	100912
of a facility closure, voluntary termination, or voluntary	100913
withdrawal of participation in the medicaid program as required by	100914
section 5111.66 of the Revised Code, or an exiting operator or	100915
owner and entering operator fail to provide notice of a change of	100916
operator as required by section 5111.67 of the Revised Code, no	100917
more than the current average bank prime rate plus four per cent	100918
of the last two monthly payments.	100919

(D) If the provider continues to participate in the medicaid	100920
program, the department shall deduct any amount that the provider	100921
is required to refund under this section, and the amount of any	100922
interest charged or penalty imposed under this section, from the	100923
next available payment from the department to the provider. The	100924
department and the provider may enter into an agreement under	100925
which the amount, together with interest, is deducted in	100926
installments from payments from the department to the provider.	100927

(E) The department shall transmit refunds and penalties to	100928
the treasurer of state for deposit in the general revenue fund.	100929

(F) For the purpose of this section, the department shall	100930
determine the average bank prime rate using statistical release	100931
H.15, "selected interest rates," a weekly publication of the	100932
federal reserve board, or any successor publication. If	100933
statistical release H.15, or its successor, ceases to contain the	100934
bank prime rate information or ceases to be published, the	100935
department shall request a written statement of the average bank	100936
prime rate from the federal reserve bank of Cleveland or the	100937
federal reserve board.	100938

Sec. 5111.29. (A) The director of job and family services	100939
shall adopt rules under section 5111.02 of the Revised Code that	100940
establish a process under which a provider, or a group or	100941
association of providers, may seek reconsideration of rates	100942
established under sections 5111.20 to ~~5111.33~~5111.331 of the	100943
Revised Code, including a rate for direct care costs recalculated	100944
before the effective date of the rate as a result of an exception	100945
review of resident assessment information conducted under section	100946
5111.27 of the Revised Code.	100947

(1) Except as provided in divisions (A)(2) to (4) of this	100948
section, the only issue that a provider, group, or association may	100949
raise in the rate reconsideration shall be whether the rate was	100950
calculated in accordance with sections 5111.20 to ~~5111.33~~5111.331	100951
of the Revised Code and the rules adopted under section 5111.02 of	100952
the Revised Code. The rules shall permit a provider, group, or	100953
association to submit written arguments or other materials that	100954
support its position. The rules shall specify time frames within	100955
which the provider, group, or association and the department must	100956
act. If the department determines, as a result of the rate	100957
reconsideration, that the rate established for one or more	100958
facilities of a provider is less than the rate to which the	100959
facility is entitled, the department shall increase the rate. If	100960
the department has paid the incorrect rate for a period of time,	100961
the department shall pay the provider the difference between the	100962
amount the provider was paid for that period for the facility and	100963
the amount the provider should have been paid for the facility.	100964

(2) The rules shall provide that during a fiscal year, the	100965
department, by means of the rate reconsideration process, may	100966
increase the rate determined for an intermediate care facility for	100967
the mentally retarded as calculated under sections 5111.20 to	100968
~~5111.33~~5111.331 of the Revised Code if the provider of the	100969
facility demonstrates that the facility's actual, allowable costs	100970
have increased because of extreme circumstances. A facility may	100971
qualify for a rate increase only if the facility's per diem,	100972
actual, allowable costs have increased to a level that exceeds its	100973
total rate. The rules shall specify the circumstances that would	100974
justify a rate increase under division (A)(2) of this section. The	100975
rules shall provide that the extreme circumstances include natural	100976
disasters, renovations approved under division (D) of section	100977
5111.251 of the Revised Code, an increase in workers' compensation	100978
experience rating of greater than five per cent for a facility	100979
that has an appropriate claims management program, increased	100980
security costs for an inner-city facility, and a change of	100981
ownership that results from bankruptcy, foreclosure, or findings	100982
of violations of certification requirements by the department of	100983
health. An increase under division (A)(2) of this section is	100984
subject to any rate limitations or maximum rates established by	100985
sections 5111.20 to ~~5111.33~~5111.331 of the Revised Code for	100986
specific cost centers. Any rate increase granted under division	100987
(A)(2) of this section shall take effect on the first day of the	100988
first month after the department receives the request.	100989

(3) The rules shall provide that the department, through the	100990
rate reconsideration process, may increase an intermediate care	100991
facility for the mentally retarded's rate as calculated under	100992
sections 5111.20 to ~~5111.33~~5111.331 of the Revised Code if the	100993
department, in the department's sole discretion, determines that	100994
the rate as calculated under those sections works an extreme	100995
hardship on the facility.	100996

(4) The rules shall provide that when beds certified for the	100997
medicaid program are added to an existing intermediate care	100998
facility for the mentally retarded or replaced at the same site,	100999
the department, through the rate reconsideration process, shall	101000
increase the intermediate care facility for the mentally	101001
retarded's rate for capital costs proportionately, as limited by	101002
any applicable limitation under section 5111.251 of the Revised	101003
Code, to account for the costs of the beds that are added or	101004
replaced. The department shall make this increase one month after	101005
the first day of the month after the department receives	101006
sufficient documentation of the costs. Any rate increase granted	101007
under division (A)(4) of this section after June 30, 1993, shall	101008
remain in effect until the effective date of a rate calculated	101009
under section 5111.251 of the Revised Code that includes costs	101010
incurred for a full calendar year for the bed addition or bed	101011
replacement. The facility shall report double accumulated	101012
depreciation in an amount equal to the depreciation included in	101013
the rate adjustment on its cost report for the first year of	101014
operation. During the term of any loan used to finance a project	101015
for which a rate adjustment is granted under division (A)(4) of	101016
this section, if the facility is operated by the same provider,	101017
the provider shall subtract from the interest costs it reports on	101018
its cost report an amount equal to the difference between the	101019
following:	101020

(a) The actual, allowable interest costs for the loan during	101021
the calendar year for which the costs are being reported;	101022

(b) The actual, allowable interest costs attributable to the	101023
loan that were used to calculate the rates paid to the provider	101024
for the facility during the same calendar year.	101025

(5) The department's decision at the conclusion of the	101026
reconsideration process shall not be subject to any administrative	101027
proceedings under Chapter 119. or any other provision of the	101028
Revised Code.	101029

(B) All of the following are subject to an adjudication	101030
conducted in accordance with Chapter 119. of the Revised Code:	101031

(1) Any audit disallowance that the department makes as the	101032
result of an audit under section 5111.27 of the Revised Code;	101033

(2) Any adverse finding that results from an exception review	101034
of resident assessment information conducted under section 5111.27	101035
of the Revised Code after the effective date of the facility's	101036
rate that is based on the assessment information;	101037

(3) Any medicaid payment deemed an overpayment under section	101038
5111.683 of the Revised Code;	101039

(4) Any penalty the department imposes under division (C) of	101040
section 5111.28 of the Revised Code or section 5111.683 of the	101041
Revised Code.	101042

Sec. 5111.291. Notwithstanding sections 5111.20 to ~~5111.33~~	101043
5111.331 of the Revised Code, the department of job and family	101044
services may compute the rate for intermediate care facilities for	101045
the mentally retarded operated by the department of developmental	101046
disabilities or the department of mental health according to the	101047
reasonable cost principles of Title XVIII.	101048

Sec. 5111.33. Reimbursement to a provider of an intermediate	101049
care facility for the mentally retarded under sections 5111.20 to	101050
~~5111.32~~5111.331 of the Revised Code shall include payments to the	101051
provider, at a rate equal to the percentage of the per resident	101052
per day rates that the department of job and family services has	101053
established for the provider's ~~nursing facility or intermediate~~	101054
~~care~~ facility ~~for the mentally retarded~~ under sections 5111.20 to	101055
~~5111.33~~5111.331 of the Revised Code for the fiscal year for which	101056
the cost of services is reimbursed, to reserve a bed for a	101057
recipient during a temporary absence under conditions prescribed	101058
by the department, to include hospitalization for an acute	101059
condition, visits with relatives and friends, and participation in	101060
therapeutic programs outside the facility, when the resident's	101061
plan of care provides for such absence and federal participation	101062
in the payments is available. The maximum period during which	101063
payments may be made to reserve a bed shall not exceed the maximum	101064
period specified under federal regulations, and shall not be more	101065
than thirty days during any calendar year for hospital stays,	101066
visits with relatives and friends, and participation in	101067
therapeutic programs.	101068

Recipients ~~who have been identified by the department as~~	101069
~~requiring the level of care of an intermediate care facility for~~	101070
~~the mentally retarded~~ shall not be subject to a maximum period	101071
during which payments may be made to reserve a bed in an	101072
intermediate care facility for the mentally retarded if prior	101073
authorization of the department is obtained for hospital stays,	101074
visits with relatives and friends, and participation in	101075
therapeutic programs. The director of job and family services	101076
shall adopt rules under section 5111.02 of the Revised Code	101077
establishing conditions under which prior authorization may be	101078
obtained.	101079

Sec. 5111.331. (A) The department of job and family services	101080
may make payments to a provider of a nursing facility under	101081
sections 5111.20 to 5111.331 of the Revised Code to reserve a bed	101082
for a recipient during a temporary absence under conditions	101083
prescribed by the department, to include hospitalization for an	101084
acute condition, visits with relatives and friends, and	101085
participation in therapeutic programs outside the facility, when	101086
the resident's plan of care provides for such absence and federal	101087
participation in the payments is available.	101088

(B) The maximum period for which payments may be made to	101089
reserve a bed in a nursing facility shall not exceed thirty days	101090
in a calendar year.	101091

(C) The department shall establish the per diem rates to be	101092
paid to providers of nursing facilities for reserving beds under	101093
this section. In establishing the per diem rates, the department	101094
shall do the following:	101095

(1) In the case of a payment to reserve a bed for a day	101096
during calendar year 2011, set the per diem rate at an amount not	101097
exceeding fifty per cent of the per diem rate the provider would	101098
be paid if the recipient were not absent from the nursing facility	101099
that day;	101100

(2) In the case of a payment to reserve a bed for a day	101101
during calendar year 2012 and each calendar year thereafter, set	101102
the per diem rate at an amount equal to the following:	101103

(a) In the case of a nursing facility that had an occupancy	101104
rate in the preceding calendar year exceeding ninety-five per	101105
cent, an amount not exceeding fifty per cent of the per diem rate	101106
the provider would be paid if the recipient were not absent from	101107
the nursing facility that day;	101108

(b) In the case of a nursing facility that had an occupancy	101109
rate in the preceding calendar year not exceeding ninety-five per	101110
cent, an amount not exceeding eighteen per cent of the per diem	101111
rate the provider would be paid if the recipient were not absent	101112
from the nursing facility that day.	101113

Sec. 5111.35. As used in this section "a resident's rights"	101114
means the rights of a nursing facility resident under sections	101115
3721.10 to 3721.17 of the Revised Code and subsection (c) of	101116
section 1819 or 1919 of the "Social Security Act," 49 Stat. 620	101117
(1935), 42 U.S.C.A. 301, as amended, and regulations issued under	101118
those subsections.	101119

As used in sections 5111.35 to 5111.62 of the Revised Code:

101120

(A) "Certification requirements" means the requirements for	101121
nursing facilities established under sections 1819 and 1919 of the	101122
"Social Security Act."	101123

(B) "Compliance" means substantially meeting all applicable	101124
certification requirements.	101125

(C) "Contracting agency" means a state agency that has	101126
entered into a contract with the department of job and family	101127
services under section 5111.38 of the Revised Code.	101128

(D)(1) "Deficiency" means a finding cited by the department	101129
of health during a survey, on the basis of one or more actions,	101130
practices, situations, or incidents occurring at a nursing	101131
facility, that constitutes a severity level three finding,	101132
severity level four finding, scope level three finding, or scope	101133
level four finding. Whenever the finding is a repeat finding,	101134
"deficiency" also includes any finding that is a severity level	101135
two and scope level one finding, a severity level two and scope	101136
level two finding, or a severity level one and scope level two	101137
finding.	101138

(2) "Cluster of deficiencies" means deficiencies that result	101139
from noncompliance with two or more certification requirements and	101140
are causing or resulting from the same action, practice,	101141
situation, or incident.	101142

(E) "Emergency" means either of the following:

101143

(1) A deficiency or cluster of deficiencies that creates a	101144
condition of immediate jeopardy;	101145

(2) An unexpected situation or sudden occurrence of a serious	101146
or urgent nature that creates a substantial likelihood that one or	101147
more residents of a nursing facility may be seriously harmed if	101148
allowed to remain in the facility, including the following:	101149

(a) A flood or other natural disaster, civil disaster, or	101150
similar event;	101151

(b) A labor strike that suddenly causes the number of staff	101152
members in a nursing facility to be below that necessary for	101153
resident care.	101154

(F) "Finding" means a finding of noncompliance with	101155
certification requirements determined by the department of health	101156
under section 5111.41 of the Revised Code.	101157

(G) "Immediate jeopardy" means that one or more residents of	101158
a nursing facility are in imminent danger of serious physical or	101159
life-threatening harm.	101160

(H) "Medicaid eligible resident" means a person who is a	101161
resident of a nursing facility, or is applying for admission to a	101162
nursing facility, and is eligible to receive financial assistance	101163
under the medical assistance program for the care the person	101164
receives in such a facility.	101165

(I) "Noncompliance" means failure to substantially meet all	101166
applicable certification requirements.	101167

(J) "Nursing facility" has the same meaning as in section	101168
5111.20 of the Revised Code.	101169

(K) "Provider" means a person, institution, or entity that	101170
furnishes nursing facility services under a medical assistance	101171
program provider agreement.	101172

(L) "Provider agreement" means a contract between the	101173
department of job and family services and a provider for the	101174
provision of nursing facility services under the medicaid program.	101175

(M) "Repeat finding" or "repeat deficiency" means a finding	101176
or deficiency cited pursuant to a survey, to which both of the	101177
following apply:	101178

(1) The finding or deficiency involves noncompliance with the	101179
same certification requirement, and the same kind of actions,	101180
practices, situations, or incidents caused by or resulting from	101181
the noncompliance, as were cited in the immediately preceding	101182
standard survey or another survey conducted subsequent to the	101183
immediately preceding standard survey of the facility. For	101184
purposes of this division, actions, practices, situations, or	101185
incidents may be of the same kind even though they involve	101186
different residents, staff, or parts of the facility.	101187

(2) The finding or deficiency is cited subsequent to a	101188
determination by the department of health that the finding or	101189
deficiency cited on the immediately preceding standard survey, or	101190
another survey conducted subsequent to the immediately preceding	101191
standard survey, had been corrected.	101192

~~(M)~~(N)(1) "Scope level one finding" means a finding of	101193
noncompliance by a nursing facility in which the actions,	101194
situations, practices, or incidents causing or resulting from the	101195
noncompliance affect one or a very limited number of facility	101196
residents and involve one or a very limited number of facility	101197
staff members.	101198

(2) "Scope level two finding" means a finding of	101199
noncompliance by a nursing facility in which the actions,	101200
situations, practices, or incidents causing or resulting from the	101201
noncompliance affect more than a limited number of facility	101202
residents or involve more than a limited number of facility staff	101203
members, but the number or percentage of facility residents	101204
affected or staff members involved and the number or frequency of	101205
the actions, situations, practices, or incidents in short	101206
succession does not establish any reasonable degree of	101207
predictability of similar actions, situations, practices, or	101208
incidents occurring in the future.	101209

(3) "Scope level three finding" means a finding of	101210
noncompliance by a nursing facility in which the actions,	101211
situations, practices, or incidents causing or resulting from the	101212
noncompliance affect more than a limited number of facility	101213
residents or involve more than a limited number of facility staff	101214
members, and the number or percentage of facility residents	101215
affected or staff members involved or the number or frequency of	101216
the actions, situations, practices, or incidents in short	101217
succession establishes a reasonable degree of predictability of	101218
similar actions, situations, practices, or incidents occurring in	101219
the future.	101220

(4) "Scope level four finding" means a finding of	101221
noncompliance by a nursing facility causing or resulting from	101222
actions, situations, practices, or incidents that involve a	101223
sufficient number or percentage of facility residents or staff	101224
members or occur with sufficient regularity over time that the	101225
noncompliance can be considered systemic or pervasive in the	101226
facility.	101227

~~(N)~~(O)(1) "Severity level one finding" means a finding of	101228
noncompliance by a nursing facility that has not caused and, if	101229
continued, is unlikely to cause physical harm to a facility	101230
resident, mental or emotional harm to a resident, or a violation	101231
of a resident's rights that results in physical, mental, or	101232
emotional harm to the resident.	101233

(2) "Severity level two finding" means a finding of	101234
noncompliance by a nursing facility that, if continued over time,	101235
will cause, or is likely to cause, physical harm to a facility	101236
resident, mental or emotional harm to a resident, or a violation	101237
of a resident's rights that results in physical, mental, or	101238
emotional harm to the resident.	101239

(3) "Severity level three finding" means a finding of	101240
noncompliance by a nursing facility that has caused physical harm	101241
to a facility resident, mental or emotional harm to a resident, or	101242
a violation of a resident's rights that results in physical,	101243
mental, or emotional harm to the resident.	101244

(4) "Severity level four finding" means a finding of	101245
noncompliance by a nursing facility that has caused	101246
life-threatening harm to a facility resident or caused a	101247
resident's death.	101248

~~(O)~~(P) "State agency" has the same meaning as in section 1.60	101249
of the Revised Code.	101250

~~(P)~~(Q) "Substandard care" means care furnished in a facility	101251
in which the department of health has cited a deficiency or	101252
deficiencies that constitute one of the following:	101253

(1) A severity level four finding, regardless of scope;

101254

(2) A severity level three and scope level four finding, in	101255
the quality of care provided to residents;	101256

(3) A severity level three and scope level three finding, in	101257
the quality of care provided to residents.	101258

~~(Q)~~(R)(1) "Survey" means a survey of a nursing facility	101259
conducted under section 5111.39 of the Revised Code.	101260

(2) "Standard survey" means a survey conducted by the	101261
department of health under division (A) of section 5111.39 of the	101262
Revised Code and includes an extended survey.	101263

(3) "Follow-up survey" means a survey conducted by the	101264
department of health to determine whether a nursing facility has	101265
substantially corrected deficiencies cited in a previous survey.	101266

Sec. 5111.511. (A) If the department of job and family	101267
services determines that a nursing facility is experiencing or is	101268
likely to experience a serious financial loss or failure that	101269
jeopardizes or is likely to jeopardize the health, safety, and	101270
welfare of its residents, the department, subject to the	101271
provider's consent, may appoint a temporary resident safety	101272
assurance manager in the nursing facility to take actions the	101273
department determines are appropriate to ensure the health,	101274
safety, and welfare of the residents.	101275

(B) A temporary resident safety assurance manager appointed	101276
under this section is vested with the authority necessary to take	101277
actions the department of job and family services determines are	101278
appropriate to ensure the health, safety, and welfare of the	101279
residents.	101280

(C) A temporary resident safety assurance manager appointed	101281
under this section may use any of the following funds to pay for	101282
costs the manager incurs on behalf of the nursing facility:	101283

(1) Medicaid payments made in accordance with the provider	101284
agreement for the nursing facility;	101285

(2) Funds from the residents protection fund that the	101286
department provides the manager under section 5111.62 of the	101287
Revised Code;	101288

(3) Other funds the department determines are appropriate if	101289
such use of the funds is consistent with the appropriations that	101290
authorize the use of the funds and all other state and federal	101291
laws governing the use of the funds.	101292

(D) The provider is liable to the department for the amount	101293
of any payments the department makes to the temporary resident	101294
safety assurance manager, other than payments specified in	101295
division (C)(1) of this section. The department may recover the	101296
amount the provider owes the department by doing any of the	101297
following:	101298

(1) Offsetting medicaid payments made to the provider in	101299
accordance with the provider agreement;	101300

(2) Placing a lien on any of the provider's real and personal	101301
property;	101302

(3) Initiating other collection actions.

101303

(E) No action the department takes under this section is	101304
subject to appeal under Chapter 119. of the Revised Code.	101305

(F) In rules adopted under section 5111.36 of the Revised	101306
Code, the director of job and family services may establish all of	101307
the following:	101308

(1) Qualifications persons must meet to be appointed	101309
temporary resident safety assurance managers under this section;	101310

(2) Procedures for maintaining a list of qualified temporary	101311
resident safety assurance managers;	101312

(3) Procedures consistent with federal law for paying for the	101313
services of temporary resident safety assurance managers;	101314

(4) Accounting and reporting requirements for temporary	101315
resident safety assurance managers;	101316

(5) Other procedures and requirements the director determines	101317
are necessary to implement this section.	101318

Sec. 5111.52. (A) As used in this section:

101319

~~(1) "Provider agreement" means a contract between the~~	101320
~~department of job and family services and a nursing facility for~~	101321
~~the provision of nursing facility services under the medical~~	101322
~~assistance program.~~	101323

~~(2) "Terminating"~~, "terminating" includes not renewing.

101324

(B) A nursing facility's participation in the medical	101325
assistance program shall be terminated under sections 5111.35 to	101326
5111.62 of the Revised Code as follows:	101327

(1) If the department of job and family services is	101328
terminating the facility's participation, it shall issue an order	101329
terminating the facility's provider agreement.	101330

(2) If the department of health, acting as a contracting	101331
agency, is terminating the facility's participation, it shall	101332
issue an order terminating certification of the facility's	101333
compliance with certification requirements. When the department of	101334
health terminates certification, the department of job and family	101335
services shall terminate the facility's provider agreement. The	101336
department of job and family services is not required to provide	101337
an adjudication hearing when it terminates a provider agreement	101338
following termination of certification by the department of	101339
health.	101340

(3) If a state agency other than the department of health,	101341
acting as a contracting agency, is terminating the facility's	101342
participation, it shall notify the department of job and family	101343
services, and the department of job and family services shall	101344
issue an order terminating the facility's provider agreement. The	101345
contracting agency shall conduct any administrative proceedings	101346
concerning the order.	101347

(C) If the following conditions are met, the department of	101348
job and family services may make medical assistance payments to a	101349
nursing facility for a period not exceeding thirty days after the	101350
effective date of termination under sections 5111.35 to 5111.62 of	101351
the Revised Code of the facility's participation in the medical	101352
assistance program:	101353

(1) The payments are for medicaid eligible residents admitted	101354
to the facility prior to the effective date of the termination;	101355

(2) The provider is making reasonable efforts to transfer	101356
medicaid eligible residents to other care settings.	101357

The period during which payments may be made under this	101358
division begins on the later of the effective date of the	101359
termination or, if the facility has appealed a termination order,	101360
the date of issuance of the adjudication order upholding	101361
termination.	101362

Sec. 5111.54. (A) A temporary manager of a nursing facility	101363
appointed by the department of job and family services or a	101364
contracting agency under sections 5111.35 to 5111.62 of the	101365
Revised Code shall meet all of the following qualifications:	101366

(1) Be licensed as a nursing home administrator under Chapter	101367
4751. of the Revised Code;	101368

(2) Have demonstrated competence as a nursing home	101369
administrator;	101370

(3) Have had no disciplinary action taken against the	101371
temporary manager by any licensing board or professional society	101372
in this state.	101373

(B) The salary of a temporary manager or special master	101374
appointed under sections 5111.35 to 5111.62 of the Revised Code	101375
shall be paid by the facility and set by the department of job and	101376
family services or contracting agency, in the case of a temporary	101377
manager, or by the court, in the case of a special master, at a	101378
rate not to exceed the maximum allowable compensation for an	101379
administrator under the medical assistance program. The extent to	101380
which this compensation is allowable under the medical assistance	101381
program is subject to and limited by this chapter and rules of the	101382
department.	101383

Subject to division (C) of this section, any costs incurred	101384
on behalf of a nursing facility by a temporary manager or special	101385
master appointed under sections 5111.35 to 5111.62 of the Revised	101386
Code shall be paid by the facility. The allowability of these	101387
costs under the medical assistance program shall be subject to and	101388
governed by this chapter and the rules of the department. This	101389
division does not prohibit a facility from applying for or	101390
receiving any waiver of cost ceilings available under rules of the	101391
department.	101392

(C) No temporary manager or special master appointed under	101393
sections 5111.35 to 5111.62 of the Revised Code shall enter into	101394
any employment contract on behalf of a facility, or purchase any	101395
capital goods using facility funds totaling more than ten thousand	101396
dollars, unless the temporary manager or special master has	101397
obtained prior approval for the contract or purchase from either	101398
the provider or the court.	101399

(D)(1) A temporary manager appointed for a nursing facility	101400
under section 5111.46 of the Revised Code is hereby vested,	101401
subject to division (C) of this section, with the legal authority	101402
necessary to correct any deficiency or cluster of deficiencies at	101403
a facility, bring the facility into compliance with certification	101404
requirements, and otherwise ensure the health and safety of the	101405
residents.	101406

(2) A temporary manager appointed under section 5111.51 of	101407
the Revised Code is hereby vested, subject to division (C) of this	101408
section, with the authority necessary to eliminate the emergency,	101409
bring the facility into compliance with certification	101410
requirements, and otherwise ensure the health and safety of the	101411
residents.	101412

(3) A temporary manager appointed under section 5111.53 of	101413
the Revised Code is hereby vested, subject to division (C) of this	101414
section, with the authority necessary to ensure the transfer of	101415
medicaid eligible residents to other appropriate care settings	101416
and, if applicable, the orderly closure of the facility, and to	101417
otherwise ensure the health and safety of the residents.	101418

(E) Prior to acting under division (A)(1)(b) or (2)(b) of	101419
section 5111.46 of the Revised Code to appoint a temporary manager	101420
or apply for a special master, the department of job and family	101421
services or contracting agency shall order the facility to	101422
substantially correct the deficiency or deficiencies within five	101423
days after receiving the statement and inform the facility, in the	101424
statement it provides pursuant to division (B) of section 5111.49	101425
of the Revised Code, of the order and that it will not take that	101426
action unless the facility fails to substantially correct the	101427
deficiency or deficiencies within that five-day period. At the end	101428
of the five-day period, the department of health shall conduct a	101429
follow-up survey that focuses on the deficiency or deficiencies.	101430
If the department of health determines that the facility has	101431
substantially corrected the deficiency or deficiencies within that	101432
time, the department of job and family services or contracting	101433
agency shall not appoint a temporary manager or apply for a	101434
special master. If the department of health determines that the	101435
facility has failed to substantially correct the deficiency or	101436
deficiencies within that time, the department of job and family	101437
services or contracting agency may proceed with appointment of the	101438
temporary manager or application for a special master. Until the	101439
statement required under division (B) of section 5111.49 of the	101440
Revised Code is actually delivered, no action taken by the	101441
department or agency to appoint a temporary manager or apply for a	101442
temporary manager under division (A)(1)(b) or (2)(b) of section	101443
5111.46 of the Revised Code shall have any legal effect. No action	101444
taken by a facility under this division to substantially correct a	101445
deficiency or deficiencies shall be considered an admission by the	101446
facility of the existence of a deficiency or deficiencies.	101447

(F) Appointment of a temporary manager under division	101448
(A)(1)(b) or (2)(b) of section 5111.46 or division (A)(1)(d) of	101449
section 5111.51 of the Revised Code shall expire at the end of the	101450
seventh day following the appointment. If the department of job	101451
and family services or contracting agency finds that the	101452
deficiency or deficiencies that prompted the appointment under	101453
division (A)(1)(b) or (2)(b) of section 5111.46 of the Revised	101454
Code cannot be substantially corrected, or the condition of	101455
immediate jeopardy that prompted the appointment under division	101456
(A)(1)(d) of section 5111.51 of the Revised Code cannot be	101457
eliminated, prior to the expiration of the appointment, it may	101458
take one of the following actions:	101459

(1) Appoint, subject to the continuing consent of the	101460
provider, a temporary manager for the facility;	101461

(2) Apply to the common pleas court of the county in which	101462
the facility is located for an order appointing a special master	101463
who, under the authority and direct supervision of the court and	101464
subject to divisions (B) and (C) of this section, may take such	101465
additional actions as are necessary to correct the deficiency or	101466
deficiencies or eliminate the condition of immediate jeopardy and	101467
bring the facility into compliance with certification	101468
requirements.	101469

(G) The court, on finding that the deficiency or deficiencies	101470
for which a special master was appointed under division (F)(2) of	101471
this section or division (A)(1)(b) or (2)(b) of section 5111.46 of	101472
the Revised Code has been substantially corrected, or the	101473
emergency for which a special master was appointed under division	101474
(F)(2) of this section or division (A)(1)(b) or (B)(2) of section	101475
5111.51 of the Revised Code has been eliminated, that the facility	101476
has been brought into compliance with certification requirements,	101477
and that the provider has established the management capability to	101478
ensure continued compliance with the certification requirements,	101479
shall immediately terminate its jurisdiction over the facility and	101480
return control and management of the facility to the provider. If	101481
the deficiency or deficiencies cannot be substantially corrected,	101482
or the emergency cannot be eliminated practicably within a	101483
reasonable time following appointment of the special master, the	101484
court may order the special master to close the facility and	101485
transfer all residents to other nursing facilities or other	101486
appropriate care settings.	101487

(H) This section does not apply to temporary resident safety	101488
assurance managers appointed under section 5111.511 of the Revised	101489
Code.	101490

Sec. 5111.62. The proceeds of all fines, including interest,	101491
collected under sections 5111.35 to 5111.62 of the Revised Code	101492
shall be deposited in the state treasury to the credit of the	101493
residents protection fund, which is hereby created. The proceeds	101494
of all fines, including interest, collected under section 173.42	101495
of the Revised Code shall be deposited in the state treasury to	101496
the credit of the residents protection fund.	101497

~~Moneys~~Money in the fund shall be used for the protection of	101498
the health or property of residents of nursing facilities in which	101499
the department of health finds deficiencies, including payment for	101500
the costs of relocation of residents to other facilities,	101501
maintenance of operation of a facility pending correction of	101502
deficiencies or closure, and reimbursement of residents for the	101503
loss of money managed by the facility under section 3721.15 of the	101504
Revised Code. Money in the fund may also be used to make payments	101505
under section 5111.511 of the Revised Code.	101506

The fund shall be maintained and administered by the	101507
department of job and family services under rules developed in	101508
consultation with the departments of health and aging and adopted	101509
by the director of job and family services under Chapter 119. of	101510
the Revised Code.	101511

Sec. 5111.65. As used in sections 5111.65 to 5111.689 of the	101512
Revised Code:	101513

(A) "Affiliated operator" means an operator affiliated with	101514
either of the following:	101515

(1) The exiting operator for whom the affiliated operator is	101516
to assume liability for the entire amount of the exiting	101517
operator's debt under the medicaid program or the portion of the	101518
debt that represents the franchise permit fee the exiting operator	101519
owes;	101520

(2) The entering operator involved in the change of operator	101521
with the exiting operator specified in division (A)(1) of this	101522
section.	101523

(B) "Change of operator" means an entering operator becoming	101524
the operator of a nursing facility or intermediate care facility	101525
for the mentally retarded in the place of the exiting operator.	101526

(1) Actions that constitute a change of operator include the	101527
following:	101528

(a) A change in an exiting operator's form of legal	101529
organization, including the formation of a partnership or	101530
corporation from a sole proprietorship;	101531

(b) A transfer of all the exiting operator's ownership	101532
interest in the operation of the facility to the entering	101533
operator, regardless of whether ownership of any or all of the	101534
real property or personal property associated with the facility is	101535
also transferred;	101536

(c) A lease of the facility to the entering operator or the	101537
exiting operator's termination of the exiting operator's lease;	101538

(d) If the exiting operator is a partnership, dissolution of	101539
the partnership;	101540

(e) If the exiting operator is a partnership, a change in	101541
composition of the partnership unless both of the following apply:	101542

(i) The change in composition does not cause the	101543
partnership's dissolution under state law.	101544

(ii) The partners agree that the change in composition does	101545
not constitute a change in operator.	101546

(f) If the operator is a corporation, dissolution of the	101547
corporation, a merger of the corporation into another corporation	101548
that is the survivor of the merger, or a consolidation of one or	101549
more other corporations to form a new corporation.	101550

(2) The following, alone, do not constitute a change of	101551
operator:	101552

(a) A contract for an entity to manage a nursing facility or	101553
intermediate care facility for the mentally retarded as the	101554
operator's agent, subject to the operator's approval of daily	101555
operating and management decisions;	101556

(b) A change of ownership, lease, or termination of a lease	101557
of real property or personal property associated with a nursing	101558
facility or intermediate care facility for the mentally retarded	101559
if an entering operator does not become the operator in place of	101560
an exiting operator;	101561

(c) If the operator is a corporation, a change of one or more	101562
members of the corporation's governing body or transfer of	101563
ownership of one or more shares of the corporation's stock, if the	101564
same corporation continues to be the operator.	101565

(C) "Effective date of a change of operator" means the day	101566
the entering operator becomes the operator of the nursing facility	101567
or intermediate care facility for the mentally retarded.	101568

(D) "Effective date of a facility closure" means the last day	101569
that the last of the residents of the nursing facility or	101570
intermediate care facility for the mentally retarded resides in	101571
the facility.	101572

(E) "Effective date of an involuntary termination" means the	101573
following:	101574

(1) In the context of a nursing facility, the date the	101575
department of job and family services terminates the operator's	101576
provider agreement for the nursing facility;	101577

(2) In the context of an intermediate care facility for the	101578
mentally retarded, the date the department terminates the	101579
operator's provider agreement for the facility or the last day	101580
that such a provider agreement is in effect when the department	101581
cancels or refuses to renew it.	101582

(F) "Effective date of a voluntary termination" means the day	101583
the intermediate care facility for the mentally retarded ceases to	101584
accept medicaid patients.	101585

~~(F)~~(G) "Effective date of a voluntary withdrawal of	101586
participation" means the day the nursing facility ceases to accept	101587
new medicaid patients other than the individuals who reside in the	101588
nursing facility on the day before the effective date of the	101589
voluntary withdrawal of participation.	101590

~~(G)~~(H) "Entering operator" means the person or government	101591
entity that will become the operator of a nursing facility or	101592
intermediate care facility for the mentally retarded when a change	101593
of operator occurs or following an involuntary termination.	101594

~~(H)~~(I) "Exiting operator" means any of the following:

101595

(1) An operator that will cease to be the operator of a	101596
nursing facility or intermediate care facility for the mentally	101597
retarded on the effective date of a change of operator;	101598

(2) An operator that will cease to be the operator of a	101599
nursing facility or intermediate care facility for the mentally	101600
retarded on the effective date of a facility closure;	101601

(3) An operator of an intermediate care facility for the	101602
mentally retarded that is undergoing or has undergone a voluntary	101603
termination;	101604

(4) An operator of a nursing facility that is undergoing or	101605
has undergone a voluntary withdrawal of participation;	101606

(5) An operator of a nursing facility or intermediate care	101607
facility for the mentally retarded that is undergoing or has	101608
undergone an involuntary termination.	101609

~~(I)~~(J)(1) ~~"Facility~~Subject to divisions (J)(2) and (3) of	101610
this section, "facility closure" means ~~discontinuance~~either of	101611
the following:	101612

(a) Discontinuance of the use of the building, or part of the	101613
building, that houses the facility as a nursing facility or	101614
intermediate care facility for the mentally retarded that results	101615
in the relocation of all of the facility's residents;	101616

(b) Conversion of the building, or part of the building, that	101617
houses a nursing facility or intermediate care facility for the	101618
mentally retarded to a different use with any necessary license or	101619
other approval needed for that use being obtained and one or more	101620
of the facility's residents remaining in the facility to receive	101621
services under the new use. A	101622

(2) A facility closure occurs regardless of any of the	101623
following:	101624

(a) The operator completely or partially replacing the	101625
facility by constructing a new facility or transferring the	101626
facility's license to another facility;	101627

(b) The facility's residents relocating to another of the	101628
operator's facilities;	101629

(c) Any action the department of health takes regarding the	101630
facility's certification under Title XIX of the "Social Security	101631
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended, that may	101632
result in the transfer of part of the facility's survey findings	101633
to another of the operator's facilities;	101634

(d) Any action the department of health takes regarding the	101635
facility's license under Chapter 3721. of the Revised Code;	101636

(e) Any action the department of developmental disabilities	101637
takes regarding the facility's license under section 5123.19 of	101638
the Revised Code.	101639

~~(2)~~(3) A facility closure does not occur if all of the	101640
facility's residents are relocated due to an emergency evacuation	101641
and one or more of the residents return to a medicaid-certified	101642
bed in the facility not later than thirty days after the	101643
evacuation occurs.	101644

~~(J)~~(K) "Fiscal year," "franchise permit fee," "intermediate	101645
care facility for the mentally retarded," "nursing facility,"	101646
"operator," "owner," and "provider agreement" have the same	101647
meanings as in section 5111.20 of the Revised Code.	101648

~~(K)~~(L) "Involuntary termination" means the following:

101649

(1) In the context of a nursing facility, the department of	101650
job and family services' termination of the operator's provider	101651
agreement for the nursing facility when the termination is not	101652
taken at the operator's request;	101653

(2) In the context of an intermediate care facility for the	101654
mentally retarded, the department's termination of, cancellation	101655
of, or refusal to renew the operator's provider agreement for the	101656
facility when such action is not taken at the operator's request.	101657

(M) "Voluntary termination" means an operator's voluntary	101658
election to terminate the participation of an intermediate care	101659
facility for the mentally retarded in the medicaid program but to	101660
continue to provide service of the type provided by a residential	101661
facility as defined in section 5123.19 of the Revised Code.	101662

~~(L)~~(N) "Voluntary withdrawal of participation" means an	101663
operator's voluntary election to terminate the participation of a	101664
nursing facility in the medicaid program but to continue to	101665
provide service of the type provided by a nursing facility.	101666

Sec. 5111.66. An exiting operator or owner of a nursing	101667
facility or intermediate care facility for the mentally retarded	101668
participating in the medicaid program shall provide the department	101669
of job and family services written notice of a facility closure,	101670
voluntary termination, or voluntary withdrawal of participation	101671
not less than ninety days before the effective date of the	101672
facility closure, voluntary termination, or voluntary withdrawal	101673
of participation. The written notice shall be provided to the	101674
department in accordance with the method specified in rules	101675
adopted under section 5111.689 of the Revised Code.	101676

The written notice shall include all of the following:

101677

(A) The name of the exiting operator and, if any, the exiting	101678
operator's authorized agent;	101679

(B) The name of the nursing facility or intermediate care	101680
facility for the mentally retarded that is the subject of the	101681
written notice;	101682

(C) The exiting operator's medicaid provider agreement number	101683
for the facility that is the subject of the written notice;	101684

(D) The effective date of the facility closure, voluntary	101685
termination, or voluntary withdrawal of participation;	101686

(E) The signature of the exiting operator's or owner's	101687
representative.	101688

Sec. 5111.67. (A) An exiting operator or owner and entering	101689
operator shall provide the department of job and family services	101690
written notice of a change of operator if the nursing facility or	101691
intermediate care facility for the mentally retarded participates	101692
in the medicaid program and the entering operator seeks to	101693
continue the facility's participation. The written notice shall be	101694
provided to the department in accordance with the method specified	101695
in rules adopted under section 5111.689 of the Revised Code. The	101696
written notice shall be provided to the department not later than	101697
forty-five days before the effective date of the change of	101698
operator if the change of operator does not entail the relocation	101699
of residents. The written notice shall be provided to the	101700
department not later than ninety days before the effective date of	101701
the change of operator if the change of operator entails the	101702
relocation of residents. ~~The~~	101703

The written notice shall include all of the following:

101704

(1) The name of the exiting operator and, if any, the exiting	101705
operator's authorized agent;	101706

(2) The name of the nursing facility or intermediate care	101707
facility for the mentally retarded that is the subject of the	101708
change of operator;	101709

(3) The exiting operator's ~~medicaid provider agreement~~	101710
seven-digit medicaid legacy number and ten-digit national provider	101711
identifier number for the facility that is the subject of the	101712
change of operator;	101713

(4) The name of the entering operator;

101714

(5) The effective date of the change of operator;

101715

(6) The manner in which the entering operator becomes the	101716
facility's operator, including through sale, lease, merger, or	101717
other action;	101718

(7) If the manner in which the entering operator becomes the	101719
facility's operator involves more than one step, a description of	101720
each step;	101721

(8) Written authorization from the exiting operator or owner	101722
and entering operator for the department to process a provider	101723
agreement for the entering operator;	101724

(9) The names and addresses of the persons to whom the	101725
department should send initial correspondence regarding the change	101726
of operator;	101727

(10) If the nursing facility also participates in the	101728
medicare program, notification of whether the entering operator	101729
intends to accept assignment of the exiting operator's medicare	101730
provider agreement;	101731

(11) The signature of the exiting operator's or owner's	101732
representative.	101733

(B) ~~The entering operator shall include a completed~~	101734
~~application for a provider agreement with the written notice to~~	101735
~~the department. The entering operator shall attach to the~~	101736
~~application the following:~~	101737

~~(1) If the written notice is provided to the department~~	101738
~~before the date the exiting operator or owner and entering~~	101739
~~operator complete the transaction for the change of operator, all~~	101740
~~the proposed leases, management agreements, merger agreements and~~	101741
~~supporting documents, and sales contracts and supporting documents~~	101742
~~relating to the facility's change of operator;~~	101743

~~(2) If the written notice is provided to the department on or~~	101744
~~after the date the exiting operator or owner and entering operator~~	101745
~~complete the transaction for the change of operator, copies of all~~	101746
~~the executed leases, management agreements, merger agreements and~~	101747
~~supporting documents, and sales contracts and supporting documents~~	101748
~~relating to the facility's change of operator.~~An exiting operator	101749
or owner and entering operator immediately shall provide the	101750
department written notice of any changes to information included	101751
in a written notice of a change of operator that occur after that	101752
notice is provided to the department. The notice of the changes	101753
shall be provided to the department in accordance with the method	101754
specified in rules adopted under section 5111.689 of the Revised	101755
Code.	101756

Sec. 5111.671. The department of job and family services may	101757
enter into a provider agreement with an entering operator that	101758
goes into effect at 12:01 a.m. on the effective date of the change	101759
of operator if all of the following requirements are met:	101760

(A) The department receives a properly completed written	101761
notice required by section 5111.67 of the Revised Code on or	101762
before the date required by that section.	101763

(B) The ~~entering operator furnishes to the~~ department ~~copies~~	101764
~~of all the fully executed leases, management agreements, merger~~	101765
~~agreements and supporting documents, and sales contracts and~~	101766
~~supporting documents relating to the change of operator not later~~	101767
~~than ten days after the effective date of the change of operator~~	101768
receives both of the following in accordance with the method	101769
specified in rules adopted under section 5111.689 of the Revised	101770
Code and not later than ten days after the effective date of the	101771
change of operator:	101772

(1) From the entering operator, a completed application for a	101773
provider agreement and all other forms and documents specified in	101774
rules adopted under section 5111.689 of the Revised Code;	101775

(2) From the exiting operator or owner, all forms and	101776
documents specified in rules adopted under section 5111.689 of the	101777
Revised Code.	101778

(C) The entering operator is eligible for medicaid payments	101779
as provided in section 5111.21 of the Revised Code.	101780

Sec. 5111.672. (A) The department of job and family services	101781
may enter into a provider agreement with an entering operator that	101782
goes into effect at 12:01 a.m. on the date determined under	101783
division (B) of this section if all of the following are the case:	101784

(1) The department receives a properly completed written	101785
notice required by section 5111.67 of the Revised Code.	101786

(2) The ~~entering operator furnishes to the~~ department ~~copies~~	101787
~~of all the fully executed leases, management agreements, merger~~	101788
~~agreements and supporting documents, and sales contracts and~~	101789
~~supporting documents relating to the change of operator~~receives,	101790
from the entering operator and in accordance with the method	101791
specified in rules adopted under section 5111.689 of the Revised	101792
Code, a completed application for a provider agreement and all	101793
other forms and documents specified in rules adopted under that	101794
section.	101795

(3) The department receives, from the exiting operator or	101796
owner and in accordance with the method specified in rules adopted	101797
under section 5111.689 of the Revised Code, all forms and	101798
documents specified in rules adopted under that section.	101799

~~(3) The~~(4) One or more of the following apply:

101800

(a) The requirement of division (A)(1) of this section is met	101801
after the time required by section 5111.67 of the Revised Code,	101802
~~the~~;	101803

(b) The requirement of division (A)(2) of this section is met	101804
more than ten days after the effective date of the change of	101805
operator~~, or both~~;	101806

(c) The requirement of division (A)(3) of this section is met	101807
more than ten days after the effective date of the change of	101808
operator.	101809

~~(4)~~(5) The entering operator is eligible for medicaid	101810
payments as provided in section 5111.21 of the Revised Code.	101811

(B) The department shall determine the date a provider	101812
agreement entered into under this section is to go into effect as	101813
follows:	101814

(1) The effective date shall give the department sufficient	101815
time to process the change of operator, assure no duplicate	101816
payments are made, and make the withholding required by section	101817
5111.681 of the Revised Code~~, and withhold the final payment to~~	101818
~~the exiting operator until one hundred eighty days after either of~~	101819
~~the following:~~	101820

~~(a) The date that the exiting operator submits to the~~	101821
~~department a properly completed cost report under section 5111.682~~	101822
~~of the Revised Code;~~	101823

~~(b) The date that the department waives the cost report~~	101824
~~requirement of section 5111.682 of the Revised Code~~.	101825

(2) The effective date shall be not earlier than the ~~later~~	101826
latest of the following:	101827

(a) The effective date of the change of operator ~~or the~~;

101828

(b) The date that the ~~exiting operator or owner and~~ entering	101829
operator ~~comply~~complies with section 5111.67 of the Revised Code	101830
and division (A)(2) of this section;	101831

(c) The date that the exiting operator or owner complies with	101832
section 5111.67 of the Revised Code and division (A)(3) of this	101833
section.	101834

(3) The effective date shall be not later than the following	101835
after the later of the dates specified in division (B)(2) of this	101836
section:	101837

(a) Forty-five days if the change of operator does not entail	101838
the relocation of residents;	101839

(b) Ninety days if the change of operator entails the	101840
relocation of residents.	101841

Sec. 5111.68. (A) On receipt of a written notice under	101842
section 5111.66 of the Revised Code of a facility closure,	101843
voluntary termination, or voluntary withdrawal of participation	101844
or, on receipt of a written notice under section 5111.67 of the	101845
Revised Code of a change of operator, or on the effective date of	101846
an involuntary termination, the department of job and family	101847
services shall estimate the amount of any overpayments made under	101848
the medicaid program to the exiting operator, including	101849
overpayments the exiting operator disputes, and other actual and	101850
potential debts the exiting operator owes or may owe to the	101851
department and United States centers for medicare and medicaid	101852
services under the medicaid program, including a franchise permit	101853
fee.	101854

(B) In estimating the exiting operator's other actual and	101855
potential debts to the department and the United States centers	101856
for medicare and medicaid services under the medicaid program, the	101857
department shall use a debt estimation methodology the director of	101858
job and family services shall establish in rules adopted under	101859
section 5111.689 of the Revised Code. The methodology shall	101860
provide for estimating all of the following that the department	101861
determines are applicable:	101862

(1) Refunds due the department under section 5111.27 of the	101863
Revised Code;	101864

(2) Interest owed to the department and United States centers	101865
for medicare and medicaid services;	101866

(3) Final civil monetary and other penalties for which all	101867
right of appeal has been exhausted;	101868

(4) Money owed the department and United States centers for	101869
medicare and medicaid services from any outstanding final fiscal	101870
audit, including a final fiscal audit for the last fiscal year or	101871
portion thereof in which the exiting operator participated in the	101872
medicaid program;	101873

(5) Other amounts the department determines are applicable.

101874

(C) The department shall provide the exiting operator written	101875
notice of the department's estimate under division (A) of this	101876
section not later than thirty days after the department receives	101877
the notice under section 5111.66 of the Revised Code of the	101878
facility closure, voluntary termination, or voluntary withdrawal	101879
of participation or; the department receives the notice under	101880
section 5111.67 of the Revised Code of the change of operator; or	101881
the effective date of the involuntary termination. The	101882
department's written notice shall include the basis for the	101883
estimate.	101884

Sec. 5111.681. (A) Except as provided in divisions (B) ~~and~~,	101885
(C), and (D) of this section, the department of job and family	101886
services may withhold from payment due an exiting operator under	101887
the medicaid program the total amount specified in the notice	101888
provided under division (C) of section 5111.68 of the Revised Code	101889
that the exiting operator owes or may owe to the department and	101890
United States centers for medicare and medicaid services under the	101891
medicaid program.	101892

(B) In the case of a change of operator and subject to	101893
division ~~(D)~~(E) of this section, the following shall apply	101894
regarding a withholding under division (A) of this section if the	101895
exiting operator or entering operator or an affiliated operator	101896
executes a successor liability agreement meeting the requirements	101897
of division ~~(E)~~(F) of this section:	101898

(1) If the exiting operator, entering operator, or affiliated	101899
operator assumes liability for the total, actual amount of debt	101900
the exiting operator owes the department and the United States	101901
centers for medicare and medicaid services under the medicaid	101902
program as determined under section 5111.685 of the Revised Code,	101903
the department shall not make the withholding.	101904

(2) If the exiting operator, entering operator, or affiliated	101905
operator assumes liability for only the portion of the amount	101906
specified in division (B)(1) of this section that represents the	101907
franchise permit fee the exiting operator owes, the department	101908
shall withhold not more than the difference between the total	101909
amount specified in the notice provided under division (C) of	101910
section 5111.68 of the Revised Code and the amount for which the	101911
exiting operator, entering operator, or affiliated operator	101912
assumes liability.	101913

(C) In the case of a voluntary termination, voluntary	101914
withdrawal of participation, or facility closure and subject to	101915
division ~~(D)~~(E) of this section, the following shall apply	101916
regarding a withholding under division (A) of this section if the	101917
exiting operator or an affiliated operator executes a successor	101918
liability agreement meeting the requirements of division ~~(E)~~(F) of	101919
this section:	101920

(1) If the exiting operator or affiliated operator assumes	101921
liability for the total, actual amount of debt the exiting	101922
operator owes the department and the United States centers for	101923
medicare and medicaid services under the medicaid program as	101924
determined under section 5111.685 of the Revised Code, the	101925
department shall not make the withholding.	101926

(2) If the exiting operator or affiliated operator assumes	101927
liability for only the portion of the amount specified in division	101928
(C)(1) of this section that represents the franchise permit fee	101929
the exiting operator owes, the department shall withhold not more	101930
than the difference between the total amount specified in the	101931
notice provided under division (C) of section 5111.68 of the	101932
Revised Code and the amount for which the exiting operator or	101933
affiliated operator assumes liability.	101934

(D) In the case of an involuntary termination and subject to	101935
division (E) of this section, the following shall apply regarding	101936
a withholding under division (A) of this section if the exiting	101937
operator, the entering operator, or an affiliated operator	101938
executes a successor liability agreement meeting the requirements	101939
of division (F) of this section and the department approves the	101940
successor liability agreement:	101941

(1) If the exiting operator, entering operator, or affiliated	101942
operator assumes liability for the total, actual amount of debt	101943
the exiting operator owes the department and the United States	101944
centers for medicare and medicaid services under the medicaid	101945
program as determined under section 5111.685 of the Revised Code,	101946
the department shall not make the withholding.	101947

(2) If the exiting operator, entering operator, or affiliated	101948
operator assumes liability for only the portion of the amount	101949
specified in division (D)(1) of this section that represents the	101950
franchise permit fee the exiting operator owes, the department	101951
shall withhold not more than the difference between the total	101952
amount specified in the notice provided under division (C) of	101953
section 5111.68 of the Revised Code and the amount for which the	101954
exiting operator, entering operator, or affiliated operator	101955
assumes liability.	101956

(E) For an exiting operator or affiliated operator to be	101957
eligible to enter into a successor liability agreement under	101958
division (B) or, (C), or (D) of this section, both of the	101959
following must apply:	101960

(1) The exiting operator or affiliated operator must have one	101961
or more valid provider agreements, other than the provider	101962
agreement for the nursing facility or intermediate care facility	101963
for the mentally retarded that is the subject of the involuntary	101964
termination, voluntary termination, voluntary withdrawal of	101965
participation, facility closure, or change of operator;	101966

(2) During the twelve-month period preceding either the	101967
effective date of the involuntary termination or the month in	101968
which the department receives the notice of the voluntary	101969
termination, voluntary withdrawal of participation, or facility	101970
closure under section 5111.66 of the Revised Code or the notice of	101971
the change of operator under section 5111.67 of the Revised Code,	101972
the average monthly medicaid payment made to the exiting operator	101973
or affiliated operator pursuant to the exiting operator's or	101974
affiliated operator's one or more provider agreements, other than	101975
the provider agreement for the nursing facility or intermediate	101976
care facility for the mentally retarded that is the subject of the	101977
involuntary termination, voluntary termination, voluntary	101978
withdrawal of participation, facility closure, or change of	101979
operator, must equal at least ninety per cent of the sum of the	101980
following:	101981

(a) The average monthly medicaid payment made to the exiting	101982
operator pursuant to the exiting operator's provider agreement for	101983
the nursing facility or intermediate care facility for the	101984
mentally retarded that is the subject of the involuntary	101985
termination, voluntary termination, voluntary withdrawal of	101986
participation, facility closure, or change of operator;	101987

(b) Whichever of the following apply:

101988

(i) If the exiting operator or affiliated operator has	101989
assumed liability under one or more other successor liability	101990
agreements, the total amount for which the exiting operator or	101991
affiliated operator has assumed liability under the other	101992
successor liability agreements;	101993

(ii) If the exiting operator or affiliated operator has not	101994
assumed liability under any other successor liability agreements,	101995
zero.	101996

~~(E)~~(F) A successor liability agreement executed under this	101997
section must comply with all of the following:	101998

(1) It must provide for the operator who executes the	101999
successor liability agreement to assume liability for either of	102000
the following as specified in the agreement:	102001

(a) The total, actual amount of debt the exiting operator	102002
owes the department and the United States centers for medicare and	102003
medicaid services under the medicaid program as determined under	102004
section 5111.685 of the Revised Code;	102005

(b) The portion of the amount specified in division	102006
~~(E)~~(F)(1)(a) of this section that represents the franchise permit	102007
fee the exiting operator owes.	102008

(2) It may not require the operator who executes the	102009
successor liability agreement to furnish a surety bond.	102010

(3) It must provide that the department, after determining	102011
under section 5111.685 of the Revised Code the actual amount of	102012
debt the exiting operator owes the department and United States	102013
centers for medicare and medicaid services under the medicaid	102014
program, may deduct the lesser of the following from medicaid	102015
payments made to the operator who executes the successor liability	102016
agreement:	102017

(a) The total, actual amount of debt the exiting operator	102018
owes the department and the United States centers for medicare and	102019
medicaid services under the medicaid program as determined under	102020
section 5111.685 of the Revised Code;	102021

(b) The amount for which the operator who executes the	102022
successor liability agreement assumes liability under the	102023
agreement.	102024

(4) It must provide that the deductions authorized by	102025
division ~~(E)~~(F)(3) of this section are to be made for a number of	102026
months, not to exceed six, agreed to by the operator who executes	102027
the successor liability agreement and the department or, if the	102028
operator who executes the successor liability agreement and	102029
department cannot agree on a number of months that is less than	102030
six, a greater number of months determined by the attorney general	102031
pursuant to a claims collection process authorized by statute of	102032
this state.	102033

(5) It must provide that, if the attorney general determines	102034
the number of months for which the deductions authorized by	102035
division ~~(E)~~(F)(3) of this section are to be made, the operator	102036
who executes the successor liability agreement shall pay, in	102037
addition to the amount collected pursuant to the attorney	102038
general's claims collection process, the part of the amount so	102039
collected that, if not for division ~~(G)~~(H) of this section, would	102040
be required by section 109.081 of the Revised Code to be paid into	102041
the attorney general claims fund.	102042

~~(F)~~(G) Execution of a successor liability agreement does not	102043
waive an exiting operator's right to contest the amount specified	102044
in the notice the department provides the exiting operator under	102045
division (C) of section 5111.68 of the Revised Code.	102046

~~(G)~~(H) Notwithstanding section 109.081 of the Revised Code,	102047
the entire amount that the attorney general, whether by employees	102048
or agents of the attorney general or by special counsel appointed	102049
pursuant to section 109.08 of the Revised Code, collects under a	102050
successor liability agreement, other than the additional amount	102051
the operator who executes the agreement is required by division	102052
~~(E)~~(F)(5) of this section to pay, shall be paid to the department	102053
of job and family services for deposit into the appropriate fund.	102054
The additional amount that the operator is required to pay shall	102055
be paid into the state treasury to the credit of the attorney	102056
general claims fund created under section 109.081 of the Revised	102057
Code.	102058

Sec. 5111.687. The department of job and family services, at	102059
its sole discretion, may release the amount withheld under	102060
division (A) of section 5111.681 of the Revised Code if the	102061
exiting operator submits to the department written notice of a	102062
postponement of a change of operator, facility closure, voluntary	102063
termination, or voluntary withdrawal of participation and the	102064
transactions leading to the change of operator, facility closure,	102065
voluntary termination, or voluntary withdrawal of participation	102066
are postponed for at least thirty days but less than ninety days	102067
after the date originally proposed for the change of operator,	102068
facility closure, voluntary termination, or voluntary withdrawal	102069
of participation as reported in the written notice required by	102070
section 5111.66 or 5111.67 of the Revised Code. The department	102071
shall release the amount withheld if the exiting operator submits	102072
to the department written notice of a cancellation or postponement	102073
of a change of operator, facility closure, voluntary termination,	102074
or voluntary withdrawal of participation and the transactions	102075
leading to the change of operator, facility closure, voluntary	102076
termination, or voluntary withdrawal of participation are canceled	102077
or postponed for more than ninety days after the date originally	102078
proposed for the change of operator, facility closure, voluntary	102079
termination, or voluntary withdrawal of participation as reported	102080
in the written notice required by section 5111.66 or 5111.67 of	102081
the Revised Code. A written notice shall be provided to the	102082
department in accordance with the method specified in rules	102083
adopted under section 5111.689 of the Revised Code.	102084

After the department receives a written notice regarding a	102085
cancellation or postponement of a facility closure, voluntary	102086
termination, or voluntary withdrawal of participation, the exiting	102087
operator or owner shall provide new written notice to the	102088
department under section 5111.66 of the Revised Code regarding any	102089
transactions leading to a facility closure, voluntary termination,	102090
or voluntary withdrawal of participation at a future time. After	102091
the department receives a written notice regarding a cancellation	102092
or postponement of a change of operator, the exiting operator or	102093
owner and entering operator shall provide new written notice to	102094
the department under section 5111.67 of the Revised Code regarding	102095
any transactions leading to a change of operator at a future time.	102096

Sec. 5111.689. The director of job and family services shall	102097
adopt rules under section 5111.02 of the Revised Code to implement	102098
sections 5111.65 to 5111.689 of the Revised Code, including rules	102099
applicable to an exiting operator that provides written	102100
notification under section 5111.66 of the Revised Code of a	102101
voluntary withdrawal of participation. Rules adopted under this	102102
section shall comply with section 1919(c)(2)(F) of the "Social	102103
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396r(c)(2)(F),	102104
regarding restrictions on transfers or discharges of nursing	102105
facility residents in the case of a voluntary withdrawal of	102106
participation. The rules may prescribe a medicaid reimbursement	102107
methodology and other procedures that are applicable after the	102108
effective date of a voluntary withdrawal of participation that	102109
differ from the reimbursement methodology and other procedures	102110
that would otherwise apply. The rules shall specify all of the	102111
following:	102112

(A) The method by which written notices to the department	102113
required by sections 5111.65 to 5111.689 of the Revised Code are	102114
to be provided;	102115

(B) The forms and documents that are to be provided to the	102116
department under sections 5111.671 and 5111.672 of the Revised	102117
Code, which shall include, in the case of such forms and documents	102118
provided by entering operators, all the fully executed leases,	102119
management agreements, merger agreements and supporting documents,	102120
and fully executed sales contracts and any other supporting	102121
documents culminating in the change of operator;	102122

(C) The method by which the forms and documents identified in	102123
division (B) of this section are to be provided to the department.	102124

Sec. 5111.83. (A) Not later than January 1, 2012, the	102125
director of job and family services shall apply to the United	102126
States secretary of health and human services for approval of a	102127
medicaid administrative claiming program under which federal	102128
financial participation is received as reimbursement for	102129
administrative costs incurred by the department of health and the	102130
Arthur G. James and Richard J. Solove research institute of the	102131
Ohio state university in analyzing and evaluating both of the	102132
following pursuant to sections 3701.261 to 3701.236 of the Revised	102133
Code:	102134

(1) Cancer reports under the Ohio cancer incidence	102135
surveillance system;	102136

(2) The incidence, prevalence, costs, and medical	102137
consequences of cancer on medicaid recipients and other low-income	102138
populations.	102139

(B) The director of job and family services shall consult	102140
with the director of health in seeking approval of the medicaid	102141
administrative claiming program. The directors shall cooperate in	102142
seeking the approval to the extent they find the approval	102143
necessary for the effective and efficient administration of the	102144
medicaid program.	102145

Sec. 5111.85. (A) As used in this section and sections	102146
5111.851 to 5111.856 of the Revised Code:	102147

"Home and community-based services medicaid waiver component"	102148
means a medicaid waiver component under which home and	102149
community-based services are provided as an alternative to	102150
hospital, nursing facility, or intermediate care facility for the	102151
mentally retarded services.	102152

"Hospital" has the same meaning as in section 3727.01 of the	102153
Revised Code.	102154

"Intermediate care facility for the mentally retarded" has	102155
the same meaning as in section 5111.20 of the Revised Code.	102156

"Medicaid waiver component" means a component of the medicaid	102157
program authorized by a waiver granted by the United States	102158
department of health and human services under section 1115 or 1915	102159
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	102160
1315 or 1396n. "Medicaid waiver component" does not include a care	102161
management system established under section 5111.16 of the Revised	102162
Code.	102163

"Nursing facility" has the same meaning as in section 5111.20	102164
of the Revised Code.	102165

(B) The director of job and family services may adopt rules	102166
under Chapter 119. of the Revised Code governing medicaid waiver	102167
components that establish all of the following:	102168

(1) Eligibility requirements for the medicaid waiver	102169
components;	102170

(2) The type, amount, duration, and scope of services the	102171
medicaid waiver components provide;	102172

(3) The conditions under which the medicaid waiver components	102173
cover services;	102174

(4) The amount the medicaid waiver components pay for	102175
services or the method by which the amount is determined;	102176

(5) The manner in which the medicaid waiver components pay	102177
for services;	102178

(6) Safeguards for the health and welfare of medicaid	102179
recipients receiving services under a medicaid waiver component;	102180

(7) Procedures for ~~both of the following:~~

102181

~~(a) Identifying individuals who meet all of the following~~	102182
~~requirements:~~	102183

~~(i) Are~~prioritizing and approving for enrollment individuals	102184
who are eligible for a home and community-based services medicaid	102185
waiver component and ~~on a waiting list for the component;~~	102186

~~(ii) Are receiving inpatient hospital services or residing in~~	102187
~~an intermediate care facility for the mentally retarded or nursing~~	102188
~~facility (as appropriate for the component);~~	102189

~~(iii) Choose~~choose to be enrolled in the component.

102190

~~(b) Approving the enrollment of individuals identified under~~	102191
~~the procedures established under division (B)(7)(a) of this~~	102192
~~section into the home and community-based services medicaid waiver~~	102193
~~component.~~;	102194

(8) Procedures for enforcing the rules, including	102195
establishing corrective action plans for, and imposing financial	102196
and administrative sanctions on, persons and government entities	102197
that violate the rules. Sanctions shall include terminating	102198
medicaid provider agreements. The procedures shall include due	102199
process protections.	102200

(9) Other policies necessary for the efficient administration	102201
of the medicaid waiver components.	102202

(C) The director of job and family services may adopt	102203
different rules for the different medicaid waiver components. The	102204
rules shall be consistent with the terms of the waiver authorizing	102205
the medicaid waiver component.	102206

(D) ~~Any~~The following apply to procedures established under	102207
division (B)(7) of this section:	102208

(1) Any such procedures established for the medicaid-funded	102209
component of the PASSPORT program shall be consistent with section	102210
173.401 of the Revised Code. ~~Any~~	102211

(2) Any such procedures established for the Ohio home care	102212
program shall be consistent with section 5111.862 of the Revised	102213
Code.	102214

(3) Any such procedures established for the unified long-term	102215
services and support medicaid waiver program shall be consistent	102216
with section 5111.865 of the Revised Code.	102217

(4) Any such procedures established ~~under division (B)(7) of~~	102218
~~this section~~ for the medicaid-funded component of the assisted	102219
living program shall be consistent with section 5111.894 of the	102220
Revised Code.	102221

Sec. 5111.861. (A) As used in this section:

102222

"Medicaid waiver component" has the same meaning as in	102223
section 5111.85 of the Revised Code.	102224

"Unified long-term services and support medicaid waiver	102225
component" means the medicaid waiver component authorized by	102226
section 5111.864 of the Revised Code.	102227

(B) Subject to division (C) of this section, there is hereby	102228
created the Ohio home care program. The program shall provide home	102229
and community-based services. The department of job and family	102230
services shall administer the program.	102231

(C) If the unified long-term services and support medicaid	102232
waiver component is created, the departments of aging and job and	102233
family services shall work together to determine whether the Ohio	102234
home care program should continue to operate as a separate	102235
medicaid waiver component or be terminated. If the departments	102236
determine that the Ohio home care program should be terminated,	102237
the program shall cease to exist on a date the departments shall	102238
specify.	102239

Sec. 5111.862. (A) As used in this section:

102240

"Hospital long-term care unit" has the same meaning as in	102241
section 3721.50 of the Revised Code.	102242

"Nursing facility" has the same meaning as in section 5111.20	102243
of the Revised Code.	102244

"Ohio home care program" means the medicaid waiver component	102245
created under section 5111.861 of the Revised Code.	102246

"Residential treatment facility" means a residential facility	102247
licensed by the department of mental health under section 5119.22	102248
of the Revised Code that serves children and either has more than	102249
sixteen beds or is part of a campus of multiple facilities that,	102250
combined, have a total of more than sixteen beds.	102251

(B) Subject to division (C) of section 5111.861 of the	102252
Revised Code, the department of job and family services shall	102253
establish a home first component for the Ohio home care program.	102254
An individual is eligible for the Ohio home care program's home	102255
first component if the individual has been determined to be	102256
eligible for the Ohio home care program and at least one of the	102257
following applies:	102258

(1) If the individual is under twenty-one years of age, the	102259
individual received inpatient hospital services for at least	102260
fourteen consecutive days, or had at least three inpatient	102261
hospital stays during the twelve months, immediately preceding the	102262
date the individual applies for the Ohio home care program.	102263

(2) If the individual is at least twenty-one but less than	102264
sixty years of age, the individual received inpatient hospital	102265
services for at least fourteen consecutive days immediately	102266
preceding the date the individual applies for the Ohio home care	102267
program.	102268

(3) The individual received private duty nursing services	102269
under the medicaid program for at least twelve consecutive months	102270
immediately preceding the date the individual applies for the Ohio	102271
home care program.	102272

(4) The individual does not reside in a nursing facility or	102273
hospital long-term care unit at the time the individual applies	102274
for the Ohio home care program but is at risk of imminent	102275
admission to a nursing facility or hospital long-term care unit	102276
due to a documented loss of a primary caregiver.	102277

(5) The individual resides in a nursing facility at the time	102278
the individual applies for the Ohio home care program.	102279

(6) At the time the individual applies for the Ohio home care	102280
program, the individual participates in the money follows the	102281
person demonstration project authorized by section 6071 of the	102282
"Deficit Reduction Act of 2005," Pub. L. No. 109-171, as amended,	102283
and either resides in a residential treatment facility or	102284
inpatient hospital setting.	102285

(C) An individual determined to be eligible for the home	102286
first component of the Ohio home care program shall be enrolled in	102287
the Ohio home care program in accordance with rules adopted under	102288
section 5111.85 of the Revised Code.	102289

Sec. 5111.863. (A) As used in this section:

102290

"Medicaid waiver component" has the same meaning as in	102291
section 5111.85 of the Revised Code.	102292

"Unified long-term services and support medicaid waiver	102293
component" means the medicaid waiver component authorized by	102294
section 5111.864 of the Revised Code.	102295

(B) Subject to division (C) of this section, there is hereby	102296
created the Ohio transitions II aging carve-out program. The	102297
program shall provide home and community-based services. The	102298
department of job and family services shall administer the	102299
program.	102300

(C) If the unified long-term services and support medicaid	102301
waiver component is created, the departments of aging and job and	102302
family services shall work together to determine whether the Ohio	102303
transitions II aging carve-out program should continue to operate	102304
as a separate medicaid waiver component or be terminated. If the	102305
departments determine that the Ohio transitions II aging carve-out	102306
program should be terminated, the program shall cease to exist on	102307
a date the departments shall specify.	102308

Sec. 5111.864. (A) As used in this section:

102309

"Medicaid waiver component" has the same meaning as in	102310
section 5111.85 of the Revised Code.	102311

"Nursing facility" has the same meaning as in section 5111.20	102312
of the Revised Code.	102313

(B) The director of job and family services shall submit a	102314
request to the United States secretary of health and human	102315
services pursuant to section 1915n of the "Social Security Act,"	102316
95 Stat. 809 (1981), 42 U.S.C. 1396n, as amended, to obtain	102317
approval to create a unified long-term services and support	102318
medicaid waiver component to provide home and community-based	102319
services to eligible individuals of any age who require the level	102320
of care provided by nursing facilities. The director of job and	102321
family services shall work with the director of aging in seeking	102322
approval of the unified long-term services and support medicaid	102323
waiver component and, if the approval is obtained, in creating and	102324
implementing the component.	102325

If the request to create the unified long-term services and	102326
support medicaid waiver component is approved, the director of job	102327
and family services, working with the director of aging, shall	102328
adopt rules under section 5111.85 of the Revised Code to implement	102329
the component. The rules may authorize the director of aging to	102330
adopt rules in accordance with Chapter 119. of the Revised Code	102331
governing aspects of the unified long-term services and support	102332
medicaid waiver component.	102333

Sec. 5111.865. (A) As used in this section, "unified	102334
long-term services and support medicaid waiver program" or	102335
"program" means the medicaid waiver component authorized by	102336
section 5111.864 of the Revised Code.	102337

(B) If the United States secretary of health and human	102338
services approves the request submitted under section 5111.864 of	102339
the Revised Code to create the unified long-term services and	102340
support medicaid waiver program, the department of job and family	102341
services shall establish a home first component for the program.	102342
The home first component shall be similar to the home first	102343
component of the medicaid-funded component of the PASSPORT program	102344
established under section 173.401 of the Revised Code, the home	102345
first component of the Ohio home care program established under	102346
section 5111.862 of the Revised Code, and the home first component	102347
of the medicaid-funded component of the assisted living program	102348
established under section 5111.894 of the Revised Code.	102349

Sec. 5111.871. The department of job and family services	102350
shall enter into a contract with the department of developmental	102351
disabilities under section 5111.91 of the Revised Code with regard	102352
to one or more of the medicaid waiver components ~~of the medicaid~~	102353
~~program~~ established by the department of job and family services	102354
under ~~one or more of the medicaid waivers sought under~~ section	102355
5111.87 of the Revised Code. Subject, if needed, to the approval	102356
of the United States secretary of health and human services, the	102357
contract shall include the medicaid waiver component known as the	102358
transitions developmental disabilities waiver. The contract shall	102359
provide for the department of developmental disabilities to	102360
administer the components in accordance with the terms of the	102361
waivers. The contract shall include a schedule for the department	102362
of developmental disabilities to begin administering the	102363
transitions developmental disabilities waiver. The directors of	102364
job and family services and developmental disabilities shall adopt	102365
rules in accordance with Chapter 119. of the Revised Code	102366
governing the components.	102367

If the department of developmental disabilities or the	102368
department of job and family services denies an individual's	102369
application for home and community-based services provided under	102370
any of these medicaid components, the department that denied the	102371
services shall give timely notice to the individual that the	102372
individual may request a hearing under section 5101.35 of the	102373
Revised Code.	102374

The departments of developmental disabilities and job and	102375
family services may approve, reduce, deny, or terminate a service	102376
included in the individualized service plan developed for a	102377
medicaid recipient eligible for home and community-based services	102378
provided under any of these medicaid components. The departments	102379
shall consider the recommendations a county board of developmental	102380
disabilities makes under division (A)(1)(c) of section 5126.055 of	102381
the Revised Code. If either department approves, reduces, denies,	102382
or terminates a service, that department shall give timely notice	102383
to the medicaid recipient that the recipient may request a hearing	102384
under section 5101.35 of the Revised Code.	102385

If supported living, as defined in section 5126.01 of the	102386
Revised Code, is to be provided as a service under any of these	102387
components, any person or government entity with a current, valid	102388
medicaid provider agreement and a current, valid certificate under	102389
section 5123.161 of the Revised Code may provide the service.	102390

If a service is to be provided under any of these components	102391
by a residential facility, as defined in section 5123.19 of the	102392
Revised Code, any person or government entity with a current,	102393
valid medicaid provider agreement and a current, valid license	102394
under section 5123.19 of the Revised Code may provide the service.	102395

Sec. 5111.872. ~~When~~(A) Subject to division (B) of this	102396
section, when the department of developmental disabilities	102397
allocates enrollment numbers to a county board of developmental	102398
disabilities for home and community-based services specified in	102399
division (B)(1) of section 5111.87 of the Revised Code and	102400
provided under any of the medicaid waiver components ~~of the~~	102401
~~medicaid program~~ that the department administers under section	102402
5111.871 of the Revised Code, the department shall consider all of	102403
the following:	102404

~~(A)~~(1) The number of individuals with mental retardation or	102405
other developmental disability who are on a waiting list the	102406
county board establishes under ~~division (C) of~~ section 5126.042 of	102407
the Revised Code for those services and are given priority on the	102408
waiting list ~~pursuant to division (D) or (E) of that section~~;	102409

~~(B)~~(2) The implementation component required by division	102410
(A)(3) of section 5126.054 of the Revised Code of the county	102411
board's plan approved under section 5123.046 of the Revised Code;	102412

~~(C)~~(3) Anything else the department considers necessary to	102413
enable county boards to provide those services to individuals in	102414
accordance with the priority requirements ~~of divisions (D) and (E)~~	102415
offor waiting lists established under section 5126.042 of the	102416
Revised Code for those services.	102417

(B) Division (A) of this section applies to home and	102418
community-based services provided under the medicaid waiver	102419
component known as the transitions developmental disabilities	102420
waiver only to the extent, if any, provided by the contract	102421
required by section 5111.871 of the Revised Code regarding the	102422
waiver.	102423

Sec. 5111.873. (A) ~~Not later than the effective date of the~~	102424
~~first of any medicaid waivers the United States secretary of~~	102425
~~health and human services grants pursuant to a request made under~~	102426
~~section 5111.87 of the Revised Code~~Subject to division (D) of	102427
this section, the director of job and family services shall adopt	102428
rules in accordance with Chapter 119. of the Revised Code	102429
establishing ~~statewide fee schedules~~the amount of reimbursement	102430
or the methods by which amounts of reimbursement are to be	102431
determined for home and community-based services specified in	102432
division (B)(1) of section 5111.87 of the Revised Code and	102433
provided under the components of the medicaid program that the	102434
department of developmental disabilities administers under section	102435
5111.871 of the Revised Code. ~~The~~With respect to these rules	102436
~~shall provide for~~, all of the following apply:	102437

(1) The rules shall establish procedures for the department	102438
of developmental disabilities to follow in arranging for the	102439
initial and ongoing collection of cost information from a	102440
comprehensive, statistically valid sample of persons and	102441
government entities providing the services at the time the	102442
information is obtained;.	102443

(2) The rules shall establish procedures for the collection	102444
of consumer-specific information through an assessment instrument	102445
the department of developmental disabilities shall provide to the	102446
department of job and family services;.	102447

(3) With the information collected pursuant to divisions	102448
(A)(1) and (2) of this section, an analysis of that information,	102449
and other information the director determines relevant, ~~methods~~	102450
~~and~~the rules shall establish reimbursement standards ~~for~~	102451
~~calculating the fee schedules~~ that do all of the following:	102452

(a) Assure that ~~the fees are~~reimbursement is consistent with	102453
efficiency, economy, and quality of care;	102454

(b) Consider the intensity of consumer resource need;

102455

(c) Recognize variations in different geographic areas	102456
regarding the resources necessary to assure the health and welfare	102457
of consumers;	102458

(d) Recognize variations in environmental supports available	102459
to consumers.	102460

(B) As part of the process of adopting rules under this	102461
section, the director shall consult with the director of	102462
developmental disabilities, representatives of county boards of	102463
developmental disabilities, persons who provide the home and	102464
community-based services, and other persons and government	102465
entities the director identifies.	102466

(C) The directors of job and family services and	102467
developmental disabilities shall review the rules adopted under	102468
this section at times they determine are necessary to ensure that	102469
the ~~methods and~~amount of reimbursement or the methods by which	102470
the amounts of reimbursement are to be determined continue to meet	102471
the reimbursement standards established ~~by the rules for~~	102472
~~calculating the fee schedules continue to do everything that~~under	102473
division (A)(3) of this section ~~requires~~.	102474

(D) This section applies to home and community-based services	102475
provided under the medicaid waiver component known as the	102476
transitions developmental disabilities waiver only to the extent,	102477
if any, provided by the contract required by section 5111.871 of	102478
the Revised Code regarding the waiver.	102479

Sec. 5111.874. (A) As used in sections 5111.874 to 5111.8710	102480
of the Revised Code:	102481

"Home and community-based services" has the same meaning as	102482
in section 5123.01 of the Revised Code.	102483

"ICF/MR services" means intermediate care facility for the	102484
mentally retarded services covered by the medicaid program that an	102485
intermediate care facility for the mentally retarded provides to a	102486
resident of the facility who is a medicaid recipient eligible for	102487
medicaid-covered intermediate care facility for the mentally	102488
retarded services.	102489

"Intermediate care facility for the mentally retarded" means	102490
an intermediate care facility for the mentally retarded that is	102491
certified as in compliance with applicable standards for the	102492
medicaid program by the director of health in accordance with	102493
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42	102494
U.S.C. 1396, as amended, and licensed as a residential facility	102495
under section 5123.19 of the Revised Code.	102496

"Residential facility" has the same meaning as in section	102497
5123.19 of the Revised Code.	102498

(B) For the purpose of increasing the number of slots	102499
available for home and community-based services and subject to	102500
sections 5111.877 and 5111.878 of the Revised Code, the operator	102501
of an intermediate care facility for the mentally retarded may	102502
convert some or all of the beds in the facility from providing	102503
ICF/MR services to providing home and community-based services if	102504
all of the following requirements are met:	102505

(1) The operator provides the directors of health, job and	102506
family services, and developmental disabilities at least ninety	102507
days' notice of the operator's intent to ~~relinquish the facility's~~	102508
~~certification as an intermediate care facility for the mentally~~	102509
~~retarded and to begin providing home and community-based services~~	102510
make the conversion.	102511

(2) The operator complies with the requirements of sections	102512
5111.65 to 5111.689 of the Revised Code regarding a voluntary	102513
termination as defined in section 5111.65 of the Revised Code if	102514
those requirements are applicable.	102515

(3) ~~The~~If the operator intends to convert all of the	102516
facility's beds, the operator notifies each of the facility's	102517
residents that the facility is to cease providing ICF/MR services	102518
and inform each resident that the resident may do either of the	102519
following:	102520

(a) Continue to receive ICF/MR services by transferring to	102521
another facility that is an intermediate care facility for the	102522
mentally retarded willing and able to accept the resident if the	102523
resident continues to qualify for ICF/MR services;	102524

(b) Begin to receive home and community-based services	102525
instead of ICF/MR services from any provider of home and	102526
community-based services that is willing and able to provide the	102527
services to the resident if the resident is eligible for the	102528
services and a slot for the services is available to the resident.	102529

(4) If the operator intends to convert some but not all of	102530
the facility's beds, the operator notifies each of the facility's	102531
residents that the facility is to convert some of its beds from	102532
providing ICF/MR services to providing home and community-based	102533
services and inform each resident that the resident may do either	102534
of the following:	102535

(a) Continue to receive ICF/MR services from any provider of	102536
ICF/MR services that is willing and able to provide the services	102537
to the resident if the resident continues to qualify for ICF/MR	102538
services;	102539

(b) Begin to receive home and community-based services	102540
instead of ICF/MR services from any provider of home and	102541
community-based services that is willing and able to provide the	102542
services to the resident if the resident is eligible for the	102543
services and a slot for the services is available to the resident.	102544

(5) The operator meets the requirements for providing home	102545
and community-based services, including the following:	102546

(a) Such requirements applicable to a residential facility if	102547
the operator maintains the facility's license as a residential	102548
facility;	102549

(b) Such requirements applicable to a facility that is not	102550
licensed as a residential facility if the operator surrenders the	102551
facility's residential facility license under section 5123.19 of	102552
the Revised Code.	102553

~~(5)~~(6) The ~~director~~directors of developmental disabilities	102554
~~approves~~and job and family services approve the conversion.	102555

(C) A decision by the directors to approve or refuse to	102556
approve a proposed conversion of beds is final. In making a	102557
decision, the directors shall consider all of the following:	102558

(1) The fiscal impact on the facility if some but not all of	102559
the beds are converted;	102560

(2) The fiscal impact on the medical assistance program;

102561

(3) The availability of home and community-based services.

102562

(D) The notice provided to the directors under division	102563
(B)(1) of this section shall specify whether some or all of the	102564
facility's beds are to be converted. If some but not all of the	102565
beds are to be converted, the notice shall specify how many of the	102566
facility's beds are to be converted and how many of the beds are	102567
to continue to provide ICF/MR services. The notice to the director	102568
of developmental disabilities ~~under division (B)(1) of this~~	102569
~~section~~ shall specify whether the operator wishes to surrender the	102570
facility's license as a residential facility under section 5123.19	102571
of the Revised Code.	102572

~~(D)~~(E)(1) If the ~~director~~directors of developmental	102573
disabilities ~~approves~~and job and family services approve a	102574
conversion under division ~~(B)~~(C) of this section, the director of	102575
health shall ~~terminate~~do the following:	102576

(a) Terminate the certification of the intermediate care	102577
facility for the mentally retarded if the notice specifies that	102578
all of the facility's beds are to be converted;	102579

(b) Reduce the facility's certified capacity by the number of	102580
beds being converted if the notice specifies that some but not all	102581
of the beds are to be converted. ~~The~~	102582

(2) The director of health shall notify the director of job	102583
and family services of the termination or reduction. On receipt of	102584
the director of health's notice, the director of job and family	102585
services shall ~~terminate~~do the following:	102586

(a) Terminate the operator's medicaid provider agreement that	102587
authorizes the operator to provide ICF/MR services at the facility	102588
if the facility's certification was terminated;	102589

(b) Amend the operator's medicaid provider agreement to	102590
reflect the facility's reduced certified capacity if the	102591
facility's certified capacity is reduced. ~~The~~	102592

(3) In the case of action taken under division (E)(2)(a) of	102593
this section, the operator is not entitled to notice or a hearing	102594
under Chapter 119. of the Revised Code before the director of job	102595
and family services terminates the medicaid provider agreement.	102596

Sec. 5111.877. The director of job and family services may	102597
seek approval from the United States secretary of health and human	102598
services for not more than a total of ~~one~~two hundred slots for	102599
home and community-based services for the purposes of sections	102600
5111.874, 5111.875, and 5111.876 of the Revised Code.	102601

Sec. 5111.88. (A) As used in sections 5111.88 to 5111.8811	102602
of the Revised Code:	102603

(1) "Adult" means an individual at least eighteen years of	102604
age.	102605

(2) "Authorized representative" means the following:

102606

(a) In the case of a consumer who is a minor, the consumer's	102607
parent, custodian, or guardian;	102608

(b) In the case of a consumer who is an adult, an individual	102609
selected by the consumer pursuant to section 5111.8810 of the	102610
Revised Code to act on the consumer's behalf for purposes	102611
regarding home care attendant services.	102612

(3) "Authorizing health care professional" means a health	102613
care professional who, pursuant to section 5111.887 of the Revised	102614
Code, authorizes a home care attendant to assist a consumer with	102615
self-administration of medication, nursing tasks, or both.	102616

(4) "Consumer" means an individual to whom all of the	102617
following apply:	102618

(a) The individual is enrolled in a participating medicaid	102619
waiver component.	102620

(b) The individual has a medically determinable physical	102621
impairment to which both of the following apply:	102622

(i) It is expected to last for a continuous period of not	102623
less than twelve months.	102624

(ii) It causes the individual to require assistance with	102625
activities of daily living, self-care, and mobility, including	102626
either assistance with self-administration of medication or the	102627
performance of nursing tasks, or both.	102628

(c) In the case of an individual who is an adult, the	102629
individual is mentally alert and is, or has an authorized	102630
representative who is, capable of selecting, directing the actions	102631
of, and dismissing a home care attendant.	102632

(d) In the case of an individual who is a minor, the	102633
individual has an authorized representative who is capable of	102634
selecting, directing the actions of, and dismissing a home care	102635
attendant.	102636

(5) "Controlled substance" has the same meaning as in section	102637
3719.01 of the Revised Code.	102638

(6) "Custodian" has the same meaning as in section 2151.011	102639
of the Revised Code.	102640

(7) "Gastrostomy tube" means a percutaneously inserted	102641
catheter that terminates in the stomach.	102642

(8) "Guardian" has the same meaning as in section 2111.01 of	102643
the Revised Code.	102644

(9) "Health care professional" means a physician or	102645
registered nurse.	102646

(10) "Home care attendant" means an individual holding a	102647
valid medicaid provider agreement in accordance with section	102648
5111.881 of the Revised Code that authorizes the individual to	102649
provide home care attendant services to consumers.	102650

(11) "Home care attendant services" means all of the	102651
following as provided by a home care attendant:	102652

(a) Personal care aide services;

102653

(b) Assistance with the self-administration of medication;

102654

102655

(12) "Jejunostomy tube" means a percutaneously inserted	102656
catheter that terminates in the jejunum.	102657

(13) "Medicaid waiver component" has the same meaning as in	102658
section 5111.85 of the Revised Code.	102659

(14) "Medication" means a drug as defined in section 4729.01	102660
of the Revised Code.	102661

(15) "Minor" means an individual under eighteen years of age.

102662

(16) "Participating medicaid waiver component" means both of	102663
the following:	102664

(a) The ~~medicaid waiver component known as~~ Ohio home care	102665
~~that the department of job and family services administers~~program	102666
created under section 5111.861 of the Revised Code;	102667

(b) The ~~medicaid waiver component known as~~ Ohio transitions	102668
II aging carve-out ~~that the department of job and family services~~	102669
~~administers~~program created under section 5111.863 of the Revised	102670
Code.	102671

(17) "Physician" means an individual authorized under Chapter	102672
4731. of the Revised Code to practice medicine and surgery or	102673
osteopathic medicine and surgery.	102674

(18) "Practice of nursing as a registered nurse," "practice	102675
of nursing as a licensed practical nurse," and "registered nurse"	102676
have the same meanings as in section 4723.01 of the Revised Code.	102677
"Registered nurse" includes an advanced practice nurse, as defined	102678
in section 4723.01 of the Revised Code.	102679

(19) "Schedule II," "schedule III," "schedule IV," and	102680
"schedule V" have the same meanings as in section 3719.01 of the	102681
Revised Code.	102682

(B) The director of job and family services may submit	102683
requests to the United States secretary of health and human	102684
services to amend the federal medicaid waivers authorizing the	102685
participating medicaid waiver components to have those components	102686
cover home care attendant services in accordance with sections	102687
5111.88 to 5111.8810 and rules adopted under section 5111.8811 of	102688
the Revised Code. Notwithstanding sections 5111.881 to 5111.8811	102689
of the Revised Code, those sections shall be implemented regarding	102690
a participating medicaid waiver component only if the secretary	102691
approves a waiver amendment for the component.	102692

Sec. 5111.89. (A) As used in sections 5111.89 to 5111.894 of	102693
the Revised Code:	102694

"Area agency on aging" has the same meaning as in section	102695
173.14 of the Revised Code.	102696

"Assisted living program" means the program created under	102697
this section.	102698

"Assisted living services" means the following home and	102699
community-based services: personal care, homemaker, chore,	102700
attendant care, companion, medication oversight, and therapeutic	102701
social and recreational programming.	102702

"Assisted living waiver" means the federal medicaid waiver	102703
granted by the United States secretary of health and human	102704
services that authorizes the medicaid-funded component of the	102705
assisted living program.	102706

"County or district home" means a county or district home	102707
operated under Chapter 5155. of the Revised Code.	102708

"Long-term care consultation program" means the program the	102709
department of aging is required to develop under section 173.42 of	102710
the Revised Code.	102711

"Long-term care consultation program administrator" or	102712
"administrator" means the department of aging or, if the	102713
department contracts with an area agency on aging or other entity	102714
to administer the long-term care consultation program for a	102715
particular area, that agency or entity.	102716

"Medicaid waiver component" has the same meaning as in	102717
section 5111.85 of the Revised Code.	102718

"Nursing facility" has the same meaning as in section 5111.20	102719
of the Revised Code.	102720

"Residential care facility" has the same meaning as in	102721
section 3721.01 of the Revised Code.	102722

~~"State administrative agency" means the department of job and~~	102723
~~family services if the department of job and family services~~	102724
~~administers the assisted living program or the department of aging~~	102725
~~if the department of aging administers the assisted living~~	102726
~~program.~~	102727

"Unified long-term services and support medicaid waiver	102728
component" means the medicaid waiver component authorized by	102729
section 5111.864 of the Revised Code.	102730

(B) There is hereby created the assisted living program. The	102731
program shall provide assisted living services to individuals who	102732
meet the program's applicable eligibility requirements ~~established~~	102733
~~under section 5111.891 of the Revised Code~~. ~~The~~Subject to	102734
division (C) of this section, the program ~~may not serve more~~	102735
~~individuals than the number that is set by the United States~~	102736
~~secretary of health and human services when the medicaid waiver~~	102737
~~authorizing the program is approved~~shall have a medicaid-funded	102738
component and a state-funded component.	102739

(C)(1) Unless the medicaid-funded component of the assisted	102740
living program is terminated under division (C)(2) of this	102741
section, all of the following apply:	102742

(a) The department of aging shall administer the	102743
medicaid-funded component through a contract entered into with the	102744
department of job and family services under section 5111.91 of the	102745
Revised Code.	102746

(b) The contract shall include an estimate of the	102747
medicaid-funded component's costs. ~~The program~~	102748

(c) The medicaid-funded component shall be operated as a	102749
separate medicaid waiver component ~~until the United States~~	102750
~~secretary approves the consolidated federal medicaid waiver sought~~	102751
~~under section 5111.861 of the Revised Code~~. ~~The program shall be~~	102752
~~part of the consolidated federal medicaid waiver sought under that~~	102753
~~section if the United States secretary approves the waiver.~~	102754

~~If the director of budget and management approves the~~	102755
~~contract, the department of job and family services shall enter~~	102756
~~into a contract with the department of aging under section 5111.91~~	102757
~~of the Revised Code that provides for the department of aging to~~	102758
~~administer the assisted living program. The contract shall include~~	102759
~~an estimate of the program's costs.~~	102760

~~The~~(d) The medicaid-funded component may not serve more	102761
individuals than is set by the United States secretary of health	102762
and human services in the assisted living waiver.	102763

(e) The director of job and family services may adopt rules	102764
under section 5111.85 of the Revised Code regarding the ~~assisted~~	102765
~~living program~~medicaid-funded component. ~~The~~	102766

(f) The director of aging may adopt rules under Chapter 119.	102767
of the Revised Code regarding the ~~program~~medicaid-funded	102768
component that the rules adopted by the director of job and family	102769
services under division (C)(1)(e) of this section authorize the	102770
director of aging to adopt.	102771

(2) If the unified long-term services and support medicaid	102772
waiver component is created, the departments of aging and job and	102773
family services shall work together to determine whether the	102774
medicaid-funded component of the assisted living program should	102775
continue to operate as a separate medicaid waiver component or be	102776
terminated. If the departments determine that the medicaid-funded	102777
component of the assisted living program should be terminated, the	102778
medicaid-funded component shall cease to exist on a date the	102779
departments shall specify.	102780

(D) The department of aging shall administer the state-funded	102781
component of the assisted living program. The state-funded	102782
component shall not be administered as part of the medicaid	102783
program.	102784

An individual who is eligible for the state-funded component	102785
may participate in the component for not more than three months.	102786

The director of aging shall adopt rules in accordance with	102787
section 111.15 of the Revised Code to implement the state-funded	102788
component.	102789

Sec. 5111.891. To be eligible for the medicaid-funded	102790
component of the assisted living program, an individual must meet	102791
all of the following requirements:	102792

(A) Need an intermediate level of care as determined under	102793
rule 5101:3-3-06 of the Administrative Code;	102794

(B) ~~At the time the individual applies for the assisted~~	102795
~~living program, be one of the following:~~	102796

~~(1) A nursing facility resident who is seeking to move to a~~	102797
~~residential care facility and would remain in a nursing facility~~	102798
~~for long~~-~~term care if not for the assisted living program;~~	102799

~~(2) A participant of any of the following medicaid waiver~~	102800
~~components who would move to a nursing facility if not for the~~	102801
~~assisted living program:~~	102802

~~(a) The PASSPORT program created under section 173.40 of the~~	102803
~~Revised Code;~~	102804

~~(b) The choices program created under section 173.403 of the~~	102805
~~Revised Code;~~	102806

~~(c) A medicaid waiver component that the department of job~~	102807
~~and family services administers.~~	102808

~~(3) A resident of a residential care facility who has resided~~	102809
~~in a residential care facility for at least six months immediately~~	102810
~~before the date the individual applies for the assisted living~~	102811
~~program.~~	102812

~~(C) At the time the individual receives~~While receiving	102813
assisted living services under the ~~assisted living program~~	102814
medicaid-funded component, reside in a residential care facility	102815
that is authorized by a valid medicaid provider agreement to	102816
participate in the ~~assisted living program~~component, including	102817
both of the following:	102818

(1) A residential care facility that is owned or operated by	102819
a metropolitan housing authority that has a contract with the	102820
United States department of housing and urban development to	102821
receive an operating subsidy or rental assistance for the	102822
residents of the facility;	102823

(2) A county or district home licensed as a residential care	102824
facility.	102825

~~(D)~~(C) Meet all other eligibility requirements for the	102826
~~assisted living program~~medicaid-funded component established in	102827
rules adopted ~~under~~pursuant to division (C) of section ~~5111.85~~	102828
5111.89 of the Revised Code.	102829

Sec. 5111.892. To be eligible for the state-funded component	102830
of the assisted living program, an individual must meet all of the	102831
following requirements:	102832

(A) The individual must need an intermediate level of care as	102833
determined under rule 5101:3-3-06 of the Administrative Code;	102834

(B) The individual must have an application for the	102835
medicaid-funded component of the assisted living program (or, if	102836
the medicaid-funded component is terminated under division (C)(2)	102837
of section 5111.89 of the Revised Code, the unified long-term	102838
services and support medicaid waiver component) pending and the	102839
department or the department's designee must have determined that	102840
the individual meets the nonfinancial eligibility requirements of	102841
the medicaid-funded component (or, if the medicaid-funded	102842
component is terminated under division (C)(2) of section 5111.89	102843
of the Revised Code, the unified long-term services and support	102844
medicaid waiver component) and not have reason to doubt that the	102845
individual meets the financial eligibility requirements of the	102846
medicaid-funded component (or, if the medicaid-funded component is	102847
terminated under division (C)(2) of section 5111.89 of the Revised	102848
Code, the unified long-term services and support medicaid waiver	102849
component).	102850

(C) While receiving assisted living services under	102851
state-funded component, the individual must reside in a	102852
residential care facility that is authorized by a valid provider	102853
agreement to participate in the component, including both of the	102854
following:	102855

(1) A residential care facility that is owned or operated by	102856
a metropolitan housing authority that has a contract with the	102857
United States department of housing and urban development to	102858
receive an operating subsidy or rental assistance for the	102859
residents of the facility;	102860

(2) A county or district home licensed as a residential care	102861
facility.	102862

(D) The individual must meet all other eligibility	102863
requirements for the state-funded component established in rules	102864
adopted under division (D) of section 5111.89 of the Revised Code.	102865

~~Sec. 5111.892.~~ Sec. 5111.893. A residential care facility	102866
providing services covered by the assisted living program to an	102867
individual enrolled in the program shall have staff on-site	102868
twenty-four hours each day who are able to do all of the	102869
following:	102870

(A) Meet the scheduled and unpredicted needs of the	102871
individuals enrolled in the assisted living program in a manner	102872
that promotes the individuals' dignity and independence;	102873

(B) Provide supervision services for those individuals;

102874

102875

Sec. 5111.894. (A) ~~The state administrative agency~~Subject	102876
to division (C)(2) of section 5111.89 of the Revised Code, the	102877
department of aging shall establish a home first component of the	102878
assisted living program under which eligible individuals may be	102879
enrolled in the medicaid-funded component of the assisted living	102880
program in accordance with this section. An individual is eligible	102881
for the assisted living program's home first component if ~~all~~both	102882
of the following apply:	102883

(1) The individual ishas been determined to be eligible for	102884
the medicaid-funded component of the assisted living program.	102885

(2) ~~The individual is on the unified waiting list established~~	102886
~~under section 173.404 of the Revised Code.~~	102887

~~(3)~~ At least one of the following applies:

102888

(a) The individual has been admitted to a nursing facility.

102889

(b) A physician has determined and documented in writing that	102890
the individual has a medical condition that, unless the individual	102891
is enrolled in home and community-based services such as the	102892
assisted living program, will require the individual to be	102893
admitted to a nursing facility within thirty days of the	102894
physician's determination.	102895

(c) The individual has been hospitalized and a physician has	102896
determined and documented in writing that, unless the individual	102897
is enrolled in home and community-based services such as the	102898
assisted living program, the individual is to be transported	102899
directly from the hospital to a nursing facility and admitted.	102900

(d) Both of the following apply:

102901

(i) The individual is the subject of a report made under	102902
section 5101.61 of the Revised Code regarding abuse, neglect, or	102903
exploitation or such a report referred to a county department of	102904
job and family services under section 5126.31 of the Revised Code	102905
or has made a request to a county department for protective	102906
services as defined in section 5101.60 of the Revised Code.	102907

(ii) A county department of job and family services and an	102908
area agency on aging have jointly documented in writing that,	102909
unless the individual is enrolled in home and community-based	102910
services such as the assisted living program, the individual	102911
should be admitted to a nursing facility.	102912

(e) The individual resided in a residential care facility for	102913
at least six months immediately before applying for the	102914
medicaid-funded component of the assisted living program and is at	102915
risk of imminent admission to a nursing facility because the costs	102916
of residing in the residential care facility have depleted the	102917
individual's resources such that the individual is unable to	102918
continue to afford the cost of residing in the residential care	102919
facility.	102920

(B) Each month, each area agency on aging shall identify	102921
individuals residing in the area that the area agency on aging	102922
serves who are eligible for the home first component of the	102923
assisted living program. When an area agency on aging identifies	102924
such an individual and determines that there is a vacancy in a	102925
residential care facility participating in the medicaid-funded	102926
component of the assisted living program that is acceptable to the	102927
individual, the agency shall notify the long-term care	102928
consultation program administrator serving the area in which the	102929
individual resides. The administrator shall determine whether the	102930
assisted living program is appropriate for the individual and	102931
whether the individual would rather participate in the assisted	102932
living program than continue or begin to reside in a nursing	102933
facility. If the administrator determines that the assisted living	102934
program is appropriate for the individual and the individual would	102935
rather participate in the assisted living program than continue or	102936
begin to reside in a nursing facility, the administrator shall so	102937
notify the ~~state administrative agency~~department of aging. On	102938
receipt of the notice from the administrator, the ~~state~~	102939
~~administrative agency~~department shall approve the individual's	102940
enrollment in the medicaid-funded component of the assisted living	102941
program regardless of the unified waiting list established under	102942
section 173.404 of the Revised Code, unless the enrollment would	102943
cause the ~~assisted living program~~component to exceed any limit on	102944
the number of individuals who may participate in the ~~program~~	102945
component as set by the United States secretary of health and	102946
human services ~~when the medicaid waiver authorizing~~in the ~~program~~	102947
~~is approved~~assisted living waiver.	102948

~~(C) Each quarter, the state administrative agency shall~~	102949
~~certify to the director of budget and management the estimated~~	102950
~~increase in costs of the assisted living program resulting from~~	102951
~~enrollment of individuals in the assisted living program pursuant~~	102952
~~to this section.~~	102953

Sec. 5111.911. Any contract the department of job and family	102954
services enters into with the department of mental health or	102955
department of alcohol and drug addiction services under section	102956
5111.91 of the Revised Code is subject to the approval of the	102957
director of budget and management and shall require or specify all	102958
of the following:	102959

(A) In the case of a contract with the department of mental	102960
health, that section 5111.912 of the Revised Code be complied	102961
with;	102962

(B) In the case of a contract with the department of alcohol	102963
and drug addiction services, that section 5111.913 of the Revised	102964
Code be complied with;	102965

102966

(D) The department of mental health's or department of	102967
alcohol and drug addiction services' responsibilities ~~for~~	102968
~~reimbursing~~with regard to providers, including program oversight	102969
and quality assurance.	102970

Sec. 5111.912. If the department of job and family services	102971
enters into a contract with the department of mental health under	102972
section 5111.91 of the Revised Code, the department of ~~mental~~	102973
~~health and boards of alcohol, drug addiction, and mental health~~	102974
job and family services shall pay the nonfederal share of any	102975
medicaid payment to a provider for services under the component,	102976
or aspect of the component, the department of mental health	102977
administers. If necessary, the director of job and family services	102978
shall submit a medicaid state plan amendment to the United States	102979
secretary of health and human services regarding the department of	102980
job and family services' duty under this section.	102981

Sec. 5111.913. If the department of job and family services	102982
enters into a contract with the department of alcohol and drug	102983
addiction services under section 5111.91 of the Revised Code, the	102984
department of ~~alcohol and drug addiction services and boards of~~	102985
~~alcohol, drug addiction, and mental health~~job and family services	102986
shall pay the nonfederal share of any medicaid payment to a	102987
provider for services under the component, or aspect of the	102988
component, the department of alcohol and drug addiction services	102989
administers. If necessary, the director of job and family services	102990
shall submit a medicaid state plan amendment to the United States	102991
secretary of health and human services regarding the department of	102992
job and family services' duty under this section.	102993

Sec. 5111.94. (A) As used in this section, "vendor offset"	102994
means a reduction of a medicaid payment to a medicaid provider to	102995
correct a previous, incorrect medicaid payment to that provider.	102996

(B) There is hereby created in the state treasury the health	102997
care services administration fund. Except as provided in division	102998
(C) of this section, all the following shall be deposited into the	102999
fund:	103000

(1) Amounts deposited into the fund pursuant to sections	103001
5111.92 and 5111.93 of the Revised Code;	103002

(2) The amount of the state share of all money the department	103003
of job and family services, in fiscal year 2003 and each fiscal	103004
year thereafter, recovers pursuant to a tort action under the	103005
department's right of recovery under section 5101.58 of the	103006
Revised Code that exceeds the state share of all money the	103007
department, in fiscal year 2002, recovers pursuant to a tort	103008
action under that right of recovery;	103009

(3) Subject to division (D) of this section, the amount of	103010
the state share of all money the department of job and family	103011
services, in fiscal year 2003 and each fiscal year thereafter,	103012
recovers through audits of medicaid providers that exceeds the	103013
state share of all money the department, in fiscal year 2002,	103014
recovers through such audits;	103015

(4) Amounts from assessments on hospitals under section	103016
5112.06 of the Revised Code and intergovernmental transfers by	103017
governmental hospitals under section 5112.07 of the Revised Code	103018
that are deposited into the fund in accordance with the law;	103019

(5) Amounts that the department of education pays to the	103020
department of job and family services, if any, pursuant to an	103021
interagency agreement entered into under section 5111.713 of the	103022
Revised Code;	103023

(6) The application fees charged to providers under section	103024
5111.063 of the Revised Code;	103025

(7) The fines collected under section 5111.271 of the Revised	103026
Code.	103027

(C) No funds shall be deposited into the health care services	103028
administration fund in violation of federal statutes or	103029
regulations.	103030

(D) In determining under division (B)(3) of this section the	103031
amount of money the department, in a fiscal year, recovers through	103032
audits of medicaid providers, the amount recovered in the form of	103033
vendor offset shall be excluded.	103034

(E) The director of job and family services shall use funds	103035
available in the health care services administration fund to pay	103036
for costs associated with the administration of the medicaid	103037
program.	103038

Sec. 5111.941. ~~(A)~~ The medicaid revenue and collections fund	103039
is hereby created in the state treasury. Except as otherwise	103040
provided by statute or as authorized by the controlling board,	103041
~~both of the following shall be credited to the fund:~~	103042

~~(1) The~~the nonfederal share of all medicaid-related	103043
revenues, collections, and recoveries;	103044

~~(2) The monthly premiums charged under the children's buy-in~~	103045
~~program pursuant to section 5101.5213 of the Revised Code~~shall be	103046
credited to the fund.	103047

~~(B)~~ The department of job and family services shall use money	103048
credited to the medicaid revenue and collections fund to pay for	103049
medicaid services and contracts ~~and the children's buy-in program~~	103050
~~established under sections 5101.5211 to 5101.5216 of the Revised~~	103051
~~Code~~.	103052

Sec. 5111.944. (A) As used in this section:

103053

"Dual eligible individual" has the same meaning as in section	103054
1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),	103055
42 U.S.C. 1396n(h)(2)(B).	103056

"Dual eligible integrated care demonstration project" means	103057
the demonstration project authorized by section 5111.981 of the	103058
Revised Code.	103059

"Medicare program" means the program created under Title	103060
XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.	103061
1395, as amended.	103062

(B) There is created in the state treasury the integrated	103063
care delivery systems fund. If the terms of the federal approval	103064
for the dual eligible integrated care demonstration project	103065
provide for the state to receive a portion of the amounts that the	103066
demonstration project saves the medicare program, such amounts	103067
shall be deposited into the fund. The department of job and family	103068
services shall use the money in the fund to further develop	103069
integrated delivery systems and improved care coordination for	103070
dual eligible individuals.	103071

Sec. 5111.945. There is created in the state treasury the	103072
health care special activities fund. The department of job and	103073
family services shall deposit all funds it receives pursuant to	103074
the administration of the medicaid program into the fund, other	103075
than any such funds that are required by law to be deposited into	103076
another fund. The department shall use the money in the fund to	103077
pay for expenses related to the services provided under, and the	103078
administration of, the medicaid program.	103079

Sec. 5111.97. (A) As used in this section ~~and in section~~	103080
~~5111.971 of the Revised Code~~, "nursing facility" has the same	103081
meaning as in section 5111.20 of the Revised Code.	103082

(B) To the extent funds are available, the director of job	103083
and family services may establish the Ohio access success project	103084
to help medicaid recipients make the transition from residing in a	103085
nursing facility to residing in a community setting. The ~~program~~	103086
project may be established as a separate ~~non-medicaid~~nonmedicaid	103087
program or integrated into a new or existing program of	103088
medicaid-funded home and community-based services authorized by a	103089
waiver approved by the United States department of health and	103090
human services. The director shall permit any recipient of	103091
medicaid-funded nursing facility services to apply for	103092
participation in the ~~program~~project, but may limit the number of	103093
~~program~~project participants. ~~If an application is received before~~	103094
~~the applicant has been a recipient of medicaid-funded nursing~~	103095
~~facility services for six months, the~~	103096

The director shall ensure that an assessment of an applicant	103097
is conducted as soon as practicable to determine whether the	103098
applicant is eligible for participation in the ~~program~~project. To	103099
the maximum extent possible, the assessment and eligibility	103100
determination shall be completed not later than the date that	103101
occurs six months after the applicant became a recipient of	103102
medicaid-funded nursing facility services.	103103

(C) To be eligible for benefits under the project, a medicaid	103104
recipient must satisfy all of the following requirements:	103105

(1) BeThe medicaid recipient must be a recipient of	103106
medicaid-funded nursing facility services, at the time of applying	103107
for the project benefits;.	103108

(2) ~~Need the level of care provided by nursing facilities;~~

103109

~~(3) For participation in a non-medicaid~~If the project is	103110
established as a nonmedicaid program, ~~receive services~~the	103111
medicaid recipient must be able to remain in the community ~~with a~~	103112
as a result of receiving project benefits and the projected cost	103113
of the benefits to the project does not ~~exceeding~~exceed eighty	103114
per cent of the average monthly medicaid cost of a medicaid	103115
recipient in a nursing facility;	103116

~~(4) For participation in a program established as part of~~.

103117

(3) If the project is integrated into a medicaid-funded home	103118
and community-based services waiver program, the medicaid	103119
recipient must meet waiver enrollment criteria.	103120

(D) If the director establishes the Ohio access success	103121
project, the benefits provided under the project may include	103122
payment of all of the following:	103123

(1) The first month's rent in a community setting;

103124

(2) Rental deposits;

103125

(3) Utility deposits;

103126

(4) Moving expenses;

103127

(5) Other expenses not covered by the medicaid program that	103128
facilitate a medicaid recipient's move from a nursing facility to	103129
a community setting.	103130

(E) If the project is established as a ~~non-medicaid~~	103131
nonmedicaid program, no participant may receive more than two	103132
thousand dollars worth of benefits under the project.	103133

(F) The director may submit a request to the United States	103134
secretary of health and human services pursuant to section 1915 of	103135
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n,	103136
as amended, to create a medicaid home and community-based services	103137
waiver program to serve individuals who meet the criteria for	103138
participation in the Ohio access success project. The director may	103139
adopt rules under Chapter 119. of the Revised Code for the	103140
administration and operation of the ~~program~~project.	103141

Sec. 5111.981. (A) As used in this section:

103142

"Dual eligible individual" has the same meaning as in section	103143
1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),	103144
42 U.S.C. 1396n(h)(2)(B).	103145

"Medicare program" means the program created under Title	103146
XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.	103147
1395, as amended.	103148

(B) Subject to division (C) of this section, the director of	103149
job and family services may implement a demonstration project to	103150
test and evaluate the integration of the care that dual eligible	103151
individuals receive under the medicare and medicaid programs. No	103152
provision of Title LI of the Revised Code applies to the	103153
demonstration project if that provision implements or incorporates	103154
a provision of federal law governing the medicaid program and that	103155
provision of federal law does not apply to the demonstration	103156
project.	103157

(C) Before implementing the demonstration project under	103158
division (B) of this section, the director shall obtain the	103159
approval of the United States secretary of health and human	103160
services in the form of a federal medicaid waiver, medicaid state	103161
plan amendment, or demonstration grant. The director is required	103162
to seek the federal approval only if the director seeks to	103163
implement the demonstration project. The director shall implement	103164
the demonstration project in accordance with the terms of the	103165
federal approval, including the terms regarding the duration of	103166
the demonstration project.	103167

Sec. 5112.30. As used in sections 5112.30 to 5112.39 of the	103168
Revised Code:	103169

(A) "Franchise permit fee rate" means the following:

103170

(1) ~~Until August 1, 2009, eleven dollars and ninety-eight~~	103171
~~cents;~~	103172

~~(2) For the period beginning August 1, 2009, and ending June~~	103173
~~30, 2010, fourteen dollars and seventy-five cents;~~	103174

~~(3)~~ For fiscal year ~~2011~~2012, ~~thirteen~~seventeen dollars and	103175
~~fifty-five~~ninety-nine cents;	103176

~~(4)~~(2) For fiscal year ~~2012~~2013 and each fiscal year	103177
thereafter, ~~the rate used for the immediately preceding fiscal~~	103178
~~year as adjusted in accordance with the composite inflation factor~~	103179
~~established in rules adopted under section 5112.39 of the Revised~~	103180
~~Code~~eighteen dollars and thirty-two cents.	103181

(B) "Indirect guarantee percentage" means the percentage	103182
specified in section 1903(w)(4)(C)(ii) of the "Social Security	103183
Act," 120 Stat. 2994 (2006), 42 U.S.C. 1396b(w)(4)(C)(ii), as	103184
amended, that is to be used in determining whether a class of	103185
providers is indirectly held harmless for any portion of the costs	103186
of a broad-based health-care-related tax. If the indirect	103187
guarantee percentage changes during a fiscal year, the indirect	103188
guarantee percentage is the following:	103189

(1) For the part of the fiscal year before the change takes	103190
effect, the percentage in effect before the change;	103191

(2) For the part of the fiscal year beginning with the date	103192
the indirect guarantee percentage changes, the new percentage.	103193

(C) "Intermediate care facility for the mentally retarded"	103194
has the same meaning as in section 5111.20 of the Revised Code,	103195
except that, until August 1, 2009, it does not include any such	103196
facility operated by the department of developmental disabilities.	103197

~~(C)~~(D) "Medicaid" has the same meaning as in section 5111.01	103198
of the Revised Code.	103199

Sec. 5112.31. The department of job and family services	103200
shall do all of the following:	103201

(A) Subject to ~~division~~divisions (B) and (C) of this section	103202
and for the purposes specified in sections 5112.37 and 5112.371 of	103203
the Revised Code, assess for each fiscal year each intermediate	103204
care facility for the mentally retarded a franchise permit fee	103205
equal to the franchise permit fee rate multiplied by the product	103206
of the following:	103207

(1) The number of beds certified under Title XIX of the	103208
"Social Security Act" on the first day of May of the calendar year	103209
in which the assessment is determined pursuant to division (A) of	103210
section 5112.33 of the Revised Code;	103211

(2) The ~~following number of days:~~

103212

~~(a) For fiscal year 2010, the following:~~

103213

~~(i) For the part of fiscal year 2010 during which the~~	103214
~~franchise permit fee rate is eleven dollars and ninety-eight~~	103215
~~cents, the number of days during fiscal year 2010 during which the~~	103216
~~franchise permit fee rate is that amount;~~	103217

~~(ii) For the part of fiscal year 2010 during which the~~	103218
~~franchise permit fee rate is fourteen dollars and seventy-five~~	103219
~~cents, the number of days during fiscal year 2010 during which the~~	103220
~~franchise permit fee is that amount;~~	103221

~~(iii) For fiscal year 2011 and each fiscal year thereafter,~~	103222
~~the~~ number of days in the fiscal year.	103223

(B) If the total amount of the franchise permit fee assessed	103224
under division (A) of this section for a fiscal year exceeds ~~five~~	103225
~~and one-half per cent~~the indirect guarantee percentage of the	103226
actual net patient revenue for all intermediate care facilities	103227
for the mentally retarded for that fiscal year, do both of the	103228
following:	103229

(1) Recalculate the assessments under division (A) of this	103230
section using a per bed per day rate equal to ~~five and one-half~~	103231
~~per cent~~the indirect guarantee percentage of actual net patient	103232
revenue for all intermediate care facilities for the mentally	103233
retarded for that fiscal year;	103234

(2) Refund the difference between the amount of the franchise	103235
permit fee assessed for that fiscal year under division (A) of	103236
this section and the amount recalculated under division (B)(1) of	103237
this section as a credit against the assessments imposed under	103238
division (A) of this section for the subsequent fiscal year.	103239

(C) If the United States secretary of health and human	103240
services determines that the franchise permit fee established by	103241
sections 5112.30 to 5112.39 of the Revised Code would be an	103242
impermissible health care-related tax under section 1903(w) of the	103243
"Social Security Act," 42 U.S.C.A. 1396b(w), as amended, take all	103244
necessary actions to cease implementation of those sections in	103245
accordance with rules adopted under section 5112.39 of the Revised	103246
Code.	103247

Sec. 5112.37. There is hereby created in the state treasury	103248
the home and community-based services for the mentally retarded	103249
and developmentally disabled fund. ~~Eighty-four~~Eighty-one and ~~two~~	103250
~~tenths~~seventy-seven hundredths per cent of all installment	103251
payments and penalties paid by an intermediate care facility for	103252
the mentally retarded under sections 5112.33 and 5112.34 of the	103253
Revised Code for state fiscal year ~~2010~~2012 shall be deposited	103254
into the fund. ~~Seventy-nine~~Eighty-two and ~~twelve hundredths~~two	103255
tenths per cent of all installment payments and penalties paid by	103256
an intermediate care facility for the mentally retarded under	103257
sections 5112.33 and 5112.34 of the Revised Code for state fiscal	103258
year ~~2011~~2013 and thereafter shall be deposited into the fund.	103259
The department of job and family services shall distribute the	103260
money in the fund in accordance with rules adopted under section	103261
5112.39 of the Revised Code. The departments of job and family	103262
services and developmental disabilities shall use the money for	103263
the medicaid program established under Chapter 5111. of the	103264
Revised Code and home and community-based services to mentally	103265
retarded and developmentally disabled persons.	103266

Sec. 5112.371. There is hereby created in the state treasury	103267
the department of developmental disabilities operating and	103268
services fund. ~~Fifteen and eight tenths per cent of all~~All	103269
installment payments and penalties paid by an intermediate care	103270
facility for the mentally retarded under sections 5112.33 and	103271
5112.34 of the Revised Code ~~for state fiscal year 2010~~that are	103272
not deposited into the home and community-based services for the	103273
mentally retarded and developmentally disabled fund shall be	103274
deposited into the department of developmental disabilities	103275
operating and services fund. ~~Twenty and eighty-eight hundredths~~	103276
~~per cent of all installment payments and penalties paid by an~~	103277
~~intermediate care facility for the mentally retarded under~~	103278
~~sections 5112.33 and 5112.34 of the Revised Code for state fiscal~~	103279
~~year 2011 and thereafter shall be deposited into the fund.~~ The	103280
money in the fund shall be used for the expenses of the programs	103281
that the department of ~~mental retardation and~~ developmental	103282
disabilities administers and the department's administrative	103283
expenses.	103284

Sec. 5112.39. The director of job and family services shall	103285
adopt rules in accordance with Chapter 119. of the Revised Code to	103286
do all of the following:	103287

(A) ~~Establish a composite inflation factor for the purpose of~~	103288
~~division (A)(4) of section 5112.30 of the Revised Code;~~	103289

~~(B)~~ Prescribe the actions the department will take to cease	103290
implementation of sections 5112.30 to 5112.39 of the Revised Code	103291
if the United States secretary of health and human services	103292
determines that the franchise permit fee imposed under section	103293
5112.31 of the Revised Code is an impermissible health	103294
care-related tax under section 1903(w) of the "Social Security	103295
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396b(w), as amended;	103296

~~(C)~~(B) Establish the method of distributing the money in the	103297
home and community-based services for the mentally retarded and	103298
developmentally disabled fund created by section 5112.37 of the	103299
Revised Code;	103300

~~(D)~~(C) Establish any other requirements or procedures the	103301
director considers necessary to implement sections 5112.30 to	103302
5112.39 of the Revised Code.	103303

Sec. 5112.40. As used in sections 5112.40 to 5112.48 of the	103304
Revised Code:	103305

(A) "Applicable assessment percentage" means the percentage	103306
specified in rules adopted under section 5112.46 of the Revised	103307
Code that is used in calculating a hospital's assessment under	103308
section 5112.41 of the Revised Code.	103309

(B) "Assessment program year" means the twelve-month period	103310
beginning the first day of October of a calendar year and ending	103311
the last day of September of the following calendar year.	103312

~~(B)~~(C) "Cost reporting period" means the period of time used	103313
by a hospital in reporting costs for purposes of the medicare	103314
program.	103315

~~(C)~~(D) "Federal fiscal year" means the twelve-month period	103316
beginning the first day of October of a calendar year and ending	103317
the last day of September of the following calendar year.	103318

~~(D)~~(E)(1) Except as provided in division ~~(D)~~(E)(2) of this	103319
section, "hospital" means a hospital to which any of the following	103320
applies:	103321

(a) The hospital is registered under section 3701.07 of the	103322
Revised Code as a general medical and surgical hospital or a	103323
pediatric general hospital and provides inpatient hospital	103324
services, as defined in 42 C.F.R. 440.10.	103325

(b) The hospital is recognized under the medicare program as	103326
a cancer hospital and is exempt from the medicare prospective	103327
payment system.	103328

(c) The hospital is a psychiatric hospital licensed under	103329
section 5119.20 of the Revised Code.	103330

(2) "Hospital" does not include either of the following:

103331

(a) A federal hospital;

103332

(b) A hospital that does not charge any of its patients for	103333
its services.	103334

~~(E)~~(F) "Hospital care assurance program" means the program	103335
established under sections 5112.01 to 5112.21 of the Revised Code.	103336

~~(F)~~(G) "Medicaid" has the same meaning as in section 5111.01	103337
of the Revised Code.	103338

~~(G)~~(H) "Medicare" means the program established under Title	103339
XVIII of the Social Security Act.	103340

~~(H)~~(I) "State fiscal year" means the twelve-month period	103341
beginning the first day of July of a calendar year and ending the	103342
last day of June of the following calendar year.	103343

~~(I)~~(J)(1) Except as provided in divisions ~~(I)~~(J)(2) and (3)	103344
of this section, "total facility costs" means the total costs to a	103345
hospital for all care provided to all patients, including the	103346
direct, indirect, and overhead costs to the hospital of all	103347
services, supplies, equipment, and capital related to the care of	103348
patients, regardless of whether patients are enrolled in a health	103349
insuring corporation.	103350

(2) "Total facility costs" excludes all of the following of a	103351
hospital's costs as shown on the cost-reporting data used for	103352
purposes of determining the hospital's assessment under section	103353
5112.41 of the Revised Code:	103354

(a) Skilled nursing services provided in distinct-part	103355
nursing facility units;	103356

(b) Home health services;

103357

103358

(d) Ambulance services;

103359

(e) Renting durable medical equipment;

103360

(f) Selling durable medical equipment.

103361

(3) "Total facility costs" excludes any costs excluded from a	103362
hospital's total facility costs pursuant to rules, if any, adopted	103363
under division (B)(1) of section 5112.46 of the Revised Code.	103364

Sec. 5112.41. (A) For the purposes specified in section	103365
5112.45 of the Revised Code and subject to section 5112.48 of the	103366
Revised Code, there is hereby imposed an assessment on all	103367
hospitals each assessment program year. The amount of a hospital's	103368
assessment for an assessment program year shall equal~~, except as~~	103369
~~provided in division (D) of this section,~~ the applicable	103370
assessment percentage ~~specified in division (B) of this section~~ of	103371
the hospital's total facility costs for the period of time	103372
specified in division ~~(C)~~(B) of this section. The amount of a	103373
hospital's total facility costs shall be derived from	103374
cost-reporting data for the hospital submitted to the department	103375
of job and family services for purposes of the hospital care	103376
assurance program. If a hospital has not submitted that	103377
cost-reporting data to the department, the amount of a hospital's	103378
total facility costs shall be derived from other financial	103379
statements that the hospital shall provide to the department as	103380
directed by the department. The cost-reporting data or financial	103381
statements used to determine a hospital's assessment is subject to	103382
the same type of adjustments made to the cost-reporting data under	103383
the hospital care assurance program.	103384

(B) ~~The percentage specified in this division is the~~	103385
~~following:~~	103386

~~(1) For the first assessment program year beginning after the~~	103387
~~effective date of this section, one and fifty-two hundredths per~~	103388
~~cent;~~	103389

~~(2) Subject to division (D) of this section, for the second~~	103390
~~assessment program year after the effective date of this section~~	103391
~~and each successive assessment program year, one and sixty-one~~	103392
~~hundredths per cent.~~	103393

~~(C)~~ The period of time specified in this division is the	103394
hospital's cost reporting period that ends in the state fiscal	103395
year that ends in the federal fiscal year that precedes the	103396
federal fiscal year that precedes the assessment program year for	103397
which the assessment is imposed.	103398

~~(D) The department of job and family services shall apply to~~	103399
~~the United States secretary of health and human services for a~~	103400
~~waiver under 42 U.S.C. 1396b(w)(3)(E) to establish, for the second~~	103401
~~assessment program year after the effective date of this section~~	103402
~~and each successive assessment program year, a tiered assessment~~	103403
~~on hospitals' total facility costs instead of applying the~~	103404
~~percentage specified in division (B)(2) of this section. If the~~	103405
~~United States secretary denies the waiver, the department shall~~	103406
~~apply the percentage specified in division (B)(2) of this section~~	103407
~~for the second assessment program year after the effective date of~~	103408
~~this section and each successive assessment program year.~~	103409

~~(E)~~(C) The assessment imposed by this section on a hospital	103410
is in addition to the assessment imposed by section 5112.06 of the	103411
Revised Code.	103412

Sec. 5112.46. (A) The director of job and family services	103413
~~may~~shall adopt, amend, and rescind rules in accordance with	103414
Chapter 119. of the Revised Code as necessary to implement	103415
sections 5112.40 to 5112.48 of the Revised Code, including rules	103416
that specify the percentage of hospitals' total facility costs to	103417
be used in calculating hospitals' assessments under section	103418
5112.41 of the Revised Code.	103419

(B) The rules adopted under this section may ~~provide~~do the	103420
following:	103421

(1) Provide that a hospital's total facility costs for the	103422
purpose of the assessment under section 5112.41 of the Revised	103423
Code exclude any of the following:	103424

~~(1)~~(a) A hospital's costs associated with providing care to	103425
recipients of any of the following:	103426

~~(a)~~(i) The medicaid program;

103427

~~(b)~~(ii) The medicare program;

103428

~~(c)~~(iii) The disability financial assistance program	103429
established under Chapter 5115. of the Revised Code;	103430

~~(d)~~(iv) The program for medically handicapped children	103431
established under section 3701.023 of the Revised Code;	103432

~~(e)~~(v) Services provided under the maternal and child health	103433
services block grant established under Title V of the Social	103434
Security Act.	103435

~~(2)~~(b) Any other category of hospital costs the director	103436
deems appropriate under federal law and regulations governing the	103437
medicaid program.	103438

(2) Subject to division (C) of this section, provide for the	103439
percentage of hospitals' total facility costs used in calculating	103440
hospitals' assessments to vary for different hospitals;	103441

(3) To reduce hospitals' cash flow difficulties, establish a	103442
schedule for hospitals to pay their assessments that is different	103443
from the schedule established under section 5112.43 of the Revised	103444
Code.	103445

(C) Before adopting rules authorized by division (B)(2) of	103446
this section that establish varied percentages to be used in	103447
calculating hospitals' assessments, the director shall obtain a	103448
waiver from the United States secretary of health and human	103449
services under section 1903(w)(3)(E) of the "Social Security Act,"	103450
105 Stat. 1796 (1991), 42 U.S.C. 1396b(w)(3)(E), as amended, if	103451
the varied percentages would cause the assessments to not be	103452
imposed uniformly.	103453

Sec. 5112.99. (A) The director of job and family services	103454
shall impose a penalty for each day that a hospital fails to	103455
report the information required under section 5112.04 of the	103456
Revised Code on or before the dates specified in that section. The	103457
amount of the penalty shall be established by the director in	103458
rules adopted under section 5112.03 of the Revised Code.	103459

(B) In addition to any other remedy available to the	103460
department of job and family services under law to collect unpaid	103461
assessments and transfers under sections 5112.01 to 5112.21 of the	103462
Revised Code, the director shall impose a penalty of ten per cent	103463
of the amount due on any hospital that fails to pay assessments or	103464
make intergovernmental transfers by the dates required by rules	103465
adopted under section 5112.03 of the Revised Code.	103466

(C) In addition to any other remedy available to the	103467
department of job and family services under law to collect unpaid	103468
assessments imposed under section 5112.41 of the Revised Code, the	103469
director shall impose a penalty of ten per cent of the amount due	103470
on any hospital that fails to pay the assessment by the date it is	103471
due.	103472

(D) The director shall waive the penalties provided for in	103473
~~divisions (A) and (B) of~~ this section for good cause shown by the	103474
hospital.	103475

~~(D)~~(E) All penalties imposed under this section shall be	103476
deposited into the health care administration fund created by	103477
section 5111.94 of the Revised Code.	103478

Sec. 5112.991. The department of job and family services may	103479
offset the amount of a hospital's unpaid penalty imposed under	103480
section 5112.99 of the Revised Code from one or more payments due	103481
the hospital under the medicaid program. The total amount that may	103482
be offset from one or more payments shall not exceed the amount of	103483
the unpaid penalty.	103484

Sec. 5119.01. The director of mental health is the chief	103485
executive and administrative officer of the department of mental	103486
health. The director may establish procedures for the governance	103487
of the department, conduct of its employees and officers,	103488
performance of its business, and custody, use, and preservation of	103489
departmental records, papers, books, documents, and property.	103490
Whenever the Revised Code imposes a duty upon or requires an	103491
action of the department or any of its institutions, the director	103492
shall perform the action or duty in the name of the department,	103493
except that the medical director appointed pursuant to section	103494
5119.07 of the Revised Code shall be responsible for decisions	103495
relating to medical diagnosis, treatment, rehabilitation, quality	103496
assurance, and the clinical aspects of the following: licensure of	103497
hospitals and residential facilities, research, community mental	103498
health plans, and delivery of mental health services.	103499

The director shall:

103500

(A) Adopt rules for the proper execution of the powers and	103501
duties of the department with respect to the institutions under	103502
its control, and require the performance of additional duties by	103503
the officers of the institutions as necessary to fully meet the	103504
requirements, intents, and purposes of this chapter. In case of an	103505
apparent conflict between the powers conferred upon any managing	103506
officer and those conferred by such sections upon the department,	103507
the presumption shall be conclusive in favor of the department.	103508

(B) Adopt rules for the nonpartisan management of the	103509
institutions under the department's control. An officer or	103510
employee of the department or any officer or employee of any	103511
institution under its control who, by solicitation or otherwise,	103512
exerts influence directly or indirectly to induce any other	103513
officer or employee of the department or any of its institutions	103514
to adopt the exerting officer's or employee's political views or	103515
to favor any particular person, issue, or candidate for office	103516
shall be removed from the exerting officer's or employee's office	103517
or position, by the department in case of an officer or employee,	103518
and by the governor in case of the director.	103519

(C) Appoint such employees, including the medical director,	103520
as are necessary for the efficient conduct of the department, and	103521
prescribe their titles and duties;	103522

(D) Prescribe the forms of affidavits, applications, medical	103523
certificates, orders of hospitalization and release, and all other	103524
forms, reports, and records that are required in the	103525
hospitalization or admission and release of all persons to the	103526
institutions under the control of the department, or are otherwise	103527
required under this chapter or Chapter 5122. of the Revised Code;	103528

(E) Contract with hospitals licensed by the department under	103529
section 5119.20 of the Revised Code for the care and treatment of	103530
mentally ill patients, or with persons, organizations, or agencies	103531
for the custody, evaluation, supervision, care, or treatment of	103532
mentally ill persons receiving services elsewhere than within the	103533
enclosure of a hospital operated under section 5119.02 of the	103534
Revised Code;	103535

(F) Exercise the powers and perform the duties relating to	103536
community mental health facilities and services that are assigned	103537
to the director under this chapter and Chapter 340. of the Revised	103538
Code;	103539

(G) Develop and implement clinical evaluation and monitoring	103540
of services that are operated by the department;	103541

(H) ~~At the director's discretion, adopt rules establishing~~	103542
~~standards for the adequacy of services provided by community~~	103543
~~mental health facilities, and certify the compliance of such~~	103544
~~facilities with the standards for the purpose of authorizing their~~	103545
~~participation in the health care plans of health insuring~~	103546
~~corporations under Chapter 1751. and sickness and accident~~	103547
~~insurance policies issued under Chapter 3923. of the Revised Code.~~	103548
~~The director shall cease to certify such compliance two years~~	103549
~~after June 6, 2001. The director shall rescind the rules after the~~	103550
~~date the director ceases to certify such compliance.~~	103551

~~(I)~~ Adopt rules establishing standards for the performance of	103552
evaluations by a forensic center or other psychiatric program or	103553
facility of the mental condition of defendants ordered by the	103554
court under section 2919.271, or 2945.371 of the Revised Code, and	103555
for the treatment of defendants who have been found incompetent to	103556
stand trial and ordered by the court under section 2945.38,	103557
2945.39, 2945.401, or 2945.402 of the Revised Code to receive	103558
treatment in facilities;	103559

~~(J)~~(I) On behalf of the department, have the authority and	103560
responsibility for entering into contracts and other agreements;	103561

~~(K)~~(J) Prepare and publish regularly a state mental health	103562
plan that describes the department's philosophy, current	103563
activities, and long-term and short-term goals and activities;	103564

~~(L)~~(K) Adopt rules in accordance with Chapter 119. of the	103565
Revised Code specifying the supplemental services that may be	103566
provided through a trust authorized by section 5815.28 of the	103567
Revised Code;	103568

~~(M)~~(L) Adopt rules in accordance with Chapter 119. of the	103569
Revised Code establishing standards for the maintenance and	103570
distribution to a beneficiary of assets of a trust authorized by	103571
section 5815.28 of the Revised Code.	103572

Sec. 5119.012. The department of mental health has all the	103573
authority necessary to carry out its powers and duties under this	103574
chapter and Chapters 340., 2919., 2945., and 5122. of the Revised	103575
Code.	103576

Sec. 5119.013. Pursuant to the director of mental health's	103577
authority under division (I) of section 5119.01 of the Revised	103578
Code, the director may contract with agencies, institutions, and	103579
other entities both public and private, as necessary for the	103580
department of mental health to carry out its duties under this	103581
chapter and Chapters 340., 2919., 2945., and 5122. of the Revised	103582
Code. Chapter 125. of the Revised Code does not apply to contracts	103583
the director enters into under this section for services provided	103584
to individuals with mental illness by agencies, institutions, and	103585
other entities not owned or operated by the department of mental	103586
health.	103587

Sec. 5119.02. (A) The department of mental health shall	103588
maintain, operate, manage, and govern state institutions for the	103589
care and treatment of mentally ill persons.	103590

(B) The department of mental health may designate all	103591
institutions under its jurisdiction by appropriate respective	103592
names, regardless of present statutory designation.	103593

(C) Subject to section 5139.08 and pursuant to Chapter 5122.	103594
of the Revised Code and on the agreement of the departments of	103595
mental health and youth services, the department of mental health	103596
may receive from the department of youth services for psychiatric	103597
observation, diagnosis, or treatment any person eighteen years of	103598
age or older in the custody of the department of youth services.	103599
The departments shall enter into a written agreement specifying	103600
the procedures necessary to implement this division.	103601

(D) The department of mental health shall ~~provide and~~	103602
designate hospitals, facilities, and community mental health	103603
agencies for the custody, care, and special treatment of, and	103604
authorize payment for such custody, care, and special treatment	103605
provided to, persons who are charged with a crime and who are	103606
found incompetent to stand trial or not guilty by reason of	103607
insanity.	103608

(E) The department of mental health may do all of the	103609
following:	103610

(1) Require reports from the managing officer of any	103611
institution under the department's jurisdiction, relating to the	103612
admission, examination, comprehensive evaluation, diagnosis,	103613
release, or discharge of any patient;	103614

(2) Visit each institution regularly to review its operations	103615
and to investigate complaints made by any patient or by any person	103616
on behalf of a patient, provided these duties may be performed by	103617
a person designated by the director.	103618

(F) The department of mental health shall divide the state	103619
into districts for the purpose of designating the institution in	103620
which mentally ill persons are hospitalized, and may change the	103621
districts.	103622

(G) In addition to the powers expressly conferred, the	103623
department of mental health shall have all powers and authority	103624
necessary for the full and efficient exercise of the executive,	103625
administrative, and fiscal supervision over the state institutions	103626
described in this section.	103627

(H) The department of mental health may provide for the	103628
custody, supervision, control, treatment, and training of mentally	103629
ill persons hospitalized elsewhere than within the enclosure of a	103630
hospital, if the department so determines with respect to any	103631
individual or group of individuals. In all such cases, the	103632
department shall ensure adequate and proper supervision for the	103633
protection of such persons and of the public.	103634

Sec. 5119.06. ~~(A)~~ The department of mental health shall:

103635

~~(1) Establish and~~(A) To the extent the department has	103636
available resources and in consultation with boards of alcohol,	103637
drug addiction, and mental health services, support a ~~program at~~	103638
~~the state level to promote a~~ community support system in	103639
accordance with section 340.03 of the Revised Code ~~to be available~~	103640
~~for every alcohol, drug addiction, and mental health service~~	103641
~~district~~on a district or multi-district basis. The department	103642
shall define the essential elements of a community support system,	103643
shall assist in identifying resources, and ~~coordinating the~~	103644
~~planning, evaluation, and delivery of services to facilitate the~~	103645
~~access of mentally ill people to public services at federal,~~	103646
~~state, and local levels, and shall operate~~may prioritize support	103647
for one or more of the elements.	103648

(B) Operate inpatient and other mental health services	103649
~~pursuant to the approved community mental health plan.~~	103650

~~(2)~~;

103651

(C) Provide training, consultation, and technical assistance	103652
regarding mental health programs and services and appropriate	103653
prevention and mental health promotion activities, including those	103654
that are culturally sensitive, to employees of the department,	103655
community mental health agencies and boards, and other agencies	103656
providing mental health services;	103657

~~(3) Promote~~(D) To the extent the department has available	103658
resources, promote and support a full range of mental health	103659
services that are available and accessible to all residents of	103660
this state, especially for severely mentally disabled children,	103661
adolescents, and adults, and other special target populations,	103662
including racial and ethnic minorities, as determined by the	103663
department.;	103664

~~(4)~~(E) Design and set criteria for the determination of	103665
severe mental disability;	103666

~~(5)~~(F) Establish standards for evaluation of mental health	103667
programs;	103668

~~(6)~~(G) Promote, direct, conduct, and coordinate scientific	103669
research, taking ethnic and racial differences into consideration,	103670
concerning the causes and prevention of mental illness, methods of	103671
providing effective services and treatment, and means of enhancing	103672
the mental health of all residents of this state;	103673

~~(7)~~(H) Foster the establishment and availability of	103674
vocational rehabilitation services and the creation of employment	103675
opportunities for consumers of mental health services, including	103676
members of racial and ethnic minorities;	103677

~~(8)~~(I) Establish a program to protect and promote the rights	103678
of persons receiving mental health services, including the	103679
issuance of guidelines on informed consent and other rights;	103680

~~(9)~~(J) Establish, in consultation with board of alcohol, drug	103681
addiction, and mental health services representatives and after	103682
consideration of the recommendations of the medical director,	103683
guidelines for the development of community mental health plans	103684
and the review and approval or disapproval of such plans submitted	103685
pursuant to section 340.03 of the Revised Code;	103686

~~(10)~~(K) Promote the involvement of persons who are receiving	103687
or have received mental health services, including families and	103688
other persons having a close relationship to a person receiving	103689
mental health services, in the planning, evaluation, delivery, and	103690
operation of mental health services.;	103691

~~(11)~~(L) Notify and consult with the relevant constituencies	103692
that may be affected by rules, standards, and guidelines issued by	103693
the department of mental health. These constituencies shall	103694
include consumers of mental health services and their families,	103695
and may include public and private providers, employee	103696
organizations, and others when appropriate. Whenever the	103697
department proposes the adoption, amendment, or rescission of	103698
rules under Chapter 119. of the Revised Code, the notification and	103699
consultation required by this division shall occur prior to the	103700
commencement of proceedings under Chapter 119. The department	103701
shall adopt rules under Chapter 119. of the Revised Code that	103702
establish procedures for the notification and consultation	103703
required by this division.	103704

~~(12)~~(M) In cooperation with board of alcohol, drug addiction,	103705
and mental health services representatives, provide training	103706
regarding the provision of community-based mental health services	103707
to those department employees who are utilized in state-operated,	103708
community-based mental health services;	103709

~~(13)~~(N) Provide consultation to the department of	103710
rehabilitation and correction concerning the delivery of mental	103711
health services in state correctional institutions;.	103712

~~(B) The department of mental health may negotiate and enter~~	103713
~~into agreements with other agencies and institutions, both public~~	103714
~~and private, for the joint performance of its duties.~~	103715

Sec. 5119.18. There is hereby created in the state treasury	103716
the department of mental health trust fund. Not later than the	103717
first day of September of each year, the director of mental health	103718
shall certify to the director of budget and management the amount	103719
of all of the unexpended, unencumbered balances of general revenue	103720
fund appropriations made to the department of mental health for	103721
the previous fiscal year, excluding funds appropriated for rental	103722
payments to the Ohio public facilities commission. On receipt of	103723
the certification, the director of budget and management shall	103724
transfer cash to the trust fund in an amount up to, but not	103725
exceeding, the total of the amounts certified by the director of	103726
mental health.	103727

In addition, the trust fund shall receive all amounts,	103728
subject to any provisions in bond documents, received from the	103729
sale or lease of lands and facilities by the department.	103730

All moneys in the trust fund shall be used by the department	103731
of mental health ~~for mental health purposes specified in division~~	103732
~~(A) of section 5119.06 of the Revised Code~~to pay for expenditures	103733
the department incurs in performing any of its duties under this	103734
chapter. The use of moneys in the trust fund pursuant to this	103735
section does not represent an ongoing commitment to the	103736
continuation of the trust fund or to the use of moneys in the	103737
trust fund.	103738

Sec. 5119.22. (A)(1) As used in this section and section	103739
5119.221 of the Revised Code:	103740

(a) "Community mental health agency" means a community mental	103741
health agency as defined in division (H) of section 5122.01 of the	103742
Revised Code~~, or, until two years after the effective date of this~~	103743
~~amendment, a community mental health facility certified by the~~	103744
~~department of mental health pursuant to division (H) of section~~	103745
~~5119.01 of the Revised Code~~.	103746

(b) "Community mental health services" means any of the	103747
services listed in section 340.09 of the Revised Code.	103748

(c) "Personal care services" means services including, but	103749
not limited to, the following:	103750

(i) Assisting residents with activities of daily living;

103751

(ii) Assisting residents with self-administration of	103752
medication in accordance with rules adopted under this section;	103753

(iii) Preparing special diets, other than complex therapeutic	103754
diets, for residents pursuant to the instructions of a physician	103755
or a licensed dietitian, in accordance with rules adopted under	103756
this section.	103757

"Personal care services" does not include "skilled nursing	103758
care" as defined in section 3721.01 of the Revised Code. A	103759
facility need not provide more than one of the services listed in	103760
division (A)(1)(c) of this section to be considered to be	103761
providing personal care services.	103762

(d) "Residential facility" means a publicly or privately	103763
operated home or facility that provides one of the following:	103764

(i) Room and board, personal care services, and community	103765
mental health services to one or more persons with mental illness	103766
or persons with severe mental disabilities who are referred by or	103767
are receiving community mental health services from a community	103768
mental health agency, hospital, or practitioner;	103769

(ii) Room and board and personal care services to one or two	103770
persons with mental illness or persons with severe mental	103771
disabilities who are referred by or are receiving community mental	103772
health services from a community mental health agency, hospital,	103773
or practitioner;	103774

(iii) Room and board to five or more persons with mental	103775
illness or persons with severe mental disabilities who are	103776
referred by or are receiving community mental health services from	103777
a community mental health agency, hospital, or practitioner.	103778

The following are not residential facilities: the residence	103779
of a relative or guardian of a mentally ill individual, a hospital	103780
subject to licensure under section 5119.20 of the Revised Code, a	103781
residential facility as defined in section 5123.19 of the Revised	103782
Code, a facility providing care for a child in the custody of a	103783
public children services agency or a private agency certified	103784
under section 5103.03 of the Revised Code, a foster care facility	103785
subject to section 5103.03 of the Revised Code, an adult care	103786
facility subject to licensure under ~~Chapter 3722.~~sections 5119.70	103787
to 5119.88 of the Revised Code, and a nursing home, residential	103788
care facility, or home for the aging subject to licensure under	103789
section 3721.02 of the Revised Code.	103790

(2) Nothing in division (A)(1)(d) of this section shall be	103791
construed to permit personal care services to be imposed on a	103792
resident who is capable of performing the activity in question	103793
without assistance.	103794

(3) Except in the case of a residential facility described in	103795
division (A)(1)(d)(i) of this section, members of the staff of a	103796
residential facility shall not administer medication to residents,	103797
all medication taken by residents of a residential facility shall	103798
be self-administered, and no person shall be admitted to or	103799
retained by a residential facility unless the person is capable of	103800
taking the person's own medication and biologicals, as determined	103801
in writing by the person's personal physician. Members of the	103802
staff of a residential facility may do any of the following:	103803

(a) Remind a resident when to take medication and watch to	103804
ensure that the resident follows the directions on the container;	103805

(b) Assist a resident in the self-administration of	103806
medication by taking the medication from the locked area where it	103807
is stored, in accordance with rules adopted pursuant to this	103808
section, and handing it to the resident. If the resident is	103809
physically unable to open the container, a staff member may open	103810
the container for the resident.	103811

(c) Assist a physically impaired but mentally alert resident,	103812
such as a resident with arthritis, cerebral palsy, or Parkinson's	103813
disease, in removing oral or topical medication from containers	103814
and in consuming or applying the medication, upon request by or	103815
with the consent of the resident. If a resident is physically	103816
unable to place a dose of medicine to the resident's mouth without	103817
spilling it, a staff member may place the dose in a container and	103818
place the container to the mouth of the resident.	103819

(B) Every person operating or desiring to operate a	103820
residential facility shall apply for licensure of the facility to	103821
the department of mental health and shall send a copy of the	103822
application to the board of alcohol, drug addiction, and mental	103823
health services whose service district includes the county in	103824
which the person operates or desires to operate a residential	103825
facility. The board shall review such applications and recommend	103826
approval or disapproval to the department. Each recommendation	103827
shall be consistent with the board's community mental health plan.	103828

(C) The department of mental health shall inspect and license	103829
the operation of residential facilities. The department shall	103830
consider the past record of the facility and the applicant or	103831
licensee in arriving at its licensure decision. The department may	103832
issue full, probationary, and interim licenses. A full license	103833
shall expire two years after the date of issuance, a probationary	103834
license shall expire in a shorter period of time as prescribed by	103835
rule adopted by the director of mental health pursuant to Chapter	103836
119. of the Revised Code, and an interim license shall expire	103837
ninety days after the date of issuance. The department may refuse	103838
to issue or renew and may revoke a license if it finds the	103839
facility is not in compliance with rules adopted by the department	103840
pursuant to division (G) of this section or if any facility	103841
operated by the applicant or licensee has had repeated violations	103842
of statutes or rules during the period of previous licenses.	103843
Proceedings initiated to deny applications for full or	103844
probationary licenses or to revoke such licenses are governed by	103845
Chapter 119. of the Revised Code.	103846

(D) The department may issue an interim license to operate a	103847
residential facility if both of the following conditions are met:	103848

(1) The department determines that the closing of or the need	103849
to remove residents from another residential facility has created	103850
an emergency situation requiring immediate removal of residents	103851
and an insufficient number of licensed beds are available.	103852

(2) The residential facility applying for an interim license	103853
meets standards established for interim licenses in rules adopted	103854
by the director under Chapter 119. of the Revised Code.	103855

An interim license shall be valid for ninety days and may be	103856
renewed by the director no more than twice. Proceedings initiated	103857
to deny applications for or to revoke interim licenses under this	103858
division are not subject to Chapter 119. of the Revised Code.	103859

(E) The department of mental health may conduct an inspection	103860
of a residential facility:	103861

(1) Prior to the issuance of a license to a prospective	103862
operator;	103863

(2) Prior to the renewal of any operator's license;

103864

(3) To determine whether a facility has completed a plan of	103865
correction required pursuant to this division and corrected	103866
deficiencies to the satisfaction of the department and in	103867
compliance with this section and rules adopted pursuant to it;	103868

(4) Upon complaint by any individual or agency;

103869

(5) At any time the director considers an inspection to be	103870
necessary in order to determine whether a residential facility is	103871
in compliance with this section and rules adopted pursuant to this	103872
section.	103873

In conducting inspections the department may conduct an	103874
on-site examination and evaluation of the residential facility,	103875
its personnel, activities, and services. The department shall have	103876
access to examine all records, accounts, and any other documents	103877
relating to the operation of the residential facility, and shall	103878
have access to the facility in order to conduct interviews with	103879
the operator, staff, and residents. Following each inspection and	103880
review, the department shall complete a report listing any	103881
deficiencies, and including, when appropriate, a time table within	103882
which the operator shall correct the deficiencies. The department	103883
may require the operator to submit a plan of correction describing	103884
how the deficiencies will be corrected.	103885

(F) No person shall do any of the following:

103886

(1) Operate a residential facility unless the facility holds	103887
a valid license;	103888

(2) Violate any of the conditions of licensure after having	103889
been granted a license;	103890

(3) Interfere with a state or local official's inspection or	103891
investigation of a residential facility;	103892

(4) Violate any of the provisions of this section or any	103893
rules adopted pursuant to this section.	103894

(G) The director shall adopt and may amend and rescind rules	103895
pursuant to Chapter 119. of the Revised Code, prescribing minimum	103896
standards for the health, safety, adequacy, and cultural	103897
specificity and sensitivity of treatment of and services for	103898
persons in residential facilities; establishing procedures for the	103899
issuance, renewal or revocation of the licenses of such	103900
facilities; establishing the maximum number of residents of a	103901
facility; establishing the rights of residents and procedures to	103902
protect such rights; and requiring an affiliation agreement	103903
approved by the board between a residential facility and a mental	103904
health agency. Such affiliation agreement must be consistent with	103905
the residential portion of the community mental health plan	103906
submitted pursuant to section 340.03 of the Revised Code.	103907

(H) The department may investigate any facility that has been	103908
reported to the department or that the department has reasonable	103909
cause to believe is operating as a residential facility without a	103910
valid license.	103911

(I) The department may withhold the source of any complaint	103912
reported as a violation of this act when the department determines	103913
that disclosure could be detrimental to the department's purposes	103914
or could jeopardize the investigation. The department may disclose	103915
the source of any complaint if the complainant agrees in writing	103916
to such disclosure and shall disclose the source upon order by a	103917
court of competent jurisdiction.	103918

(J) The director of mental health may petition the court of	103919
common pleas of the county in which a residential facility is	103920
located for an order enjoining any person from operating a	103921
residential facility without a license or from operating a	103922
licensed facility when, in the director's judgment, there is a	103923
real and present danger to the health or safety of any of the	103924
occupants of the facility. The court shall have jurisdiction to	103925
grant such injunctive relief upon a showing that the respondent	103926
named in the petition is operating a facility without a license or	103927
there is a real and present danger to the health or safety of any	103928
residents of the facility.	103929

(K) Whoever violates division (F) of this section or any rule	103930
adopted under this section is liable for a civil penalty of one	103931
hundred dollars for the first offense; for each subsequent	103932
offense, such violator is liable for a civil penalty of five	103933
hundred dollars. If the violator does not pay, the attorney	103934
general, upon the request of the director of mental health, shall	103935
bring a civil action to collect the penalty. Fines collected	103936
pursuant to this section shall be deposited into the state	103937
treasury to the credit of the mental health sale of goods and	103938
services fund.	103939

Sec. 5119.61. Any provision in this chapter that refers to a	103940
board of alcohol, drug addiction, and mental health services also	103941
refers to the community mental health board in an alcohol, drug	103942
addiction, and mental health service district that has a community	103943
mental health board.	103944

The director of mental health with respect to all facilities	103945
and programs established and operated under Chapter 340. of the	103946
Revised Code for mentally ill and emotionally disturbed persons,	103947
shall do all of the following:	103948

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	103949
that may be necessary to carry out the purposes of Chapter 340.	103950
and sections 5119.61 to 5119.63 of the Revised Code.	103951

(1) The rules shall include all of the following:

103952

(a) Rules governing a community mental health agency's	103953
services under section 340.091 of the Revised Code to an	103954
individual referred to the agency under division (C)(2) of section	103955
~~173.35~~5119.69 of the Revised Code;	103956

(b) For the purpose of division (A)(16) of section 340.03 of	103957
the Revised Code, rules governing the duties of mental health	103958
agencies and boards of alcohol, drug addiction, and mental health	103959
services under section ~~3722.18~~5119.88 of the Revised Code	103960
regarding referrals of individuals with mental illness or severe	103961
mental disability to adult care facilities and effective	103962
arrangements for ongoing mental health services for the	103963
individuals. The rules shall do at least the following:	103964

(i) Provide for agencies and boards to participate fully in	103965
the procedures owners and managers of adult care facilities must	103966
follow under division (A) of section ~~3722.18~~5119.88 of the	103967
Revised Code;	103968

(ii) Specify the manner in which boards are accountable for	103969
ensuring that ongoing mental health services are effectively	103970
arranged for individuals with mental illness or severe mental	103971
disability who are referred by the board or mental health agency	103972
under contract with the board to an adult care facility.	103973

(c) Rules governing a board of alcohol, drug addiction, and	103974
mental health services when making a report to the director of	103975
mental health under section ~~3722.17~~5119.87 of the Revised Code	103976
regarding the quality of care and services provided by an adult	103977
care facility to a person with mental illness or a severe mental	103978
disability.	103979

(2) Rules may be adopted to govern the method of paying a	103980
community mental health facility, as defined in section 5111.023	103981
of the Revised Code, for providing services listed in division (B)	103982
of that section. Such rules must be consistent with the contract	103983
entered into between the departments of job and family services	103984
and mental health under section 5111.91 of the Revised Code and	103985
include requirements ensuring appropriate service utilization.	103986

(B) Review and evaluate, and, taking into account the	103987
findings and recommendations of the board of alcohol, drug	103988
addiction, and mental health services of the district served by	103989
the program and the requirements and priorities of the state	103990
mental health plan, including the needs of residents of the	103991
district now residing in state mental institutions, ~~approve and~~	103992
~~allocate funds to support community programs,~~ and make	103993
recommendations for needed improvements to boards of alcohol, drug	103994
addiction, and mental health services;	103995

(C) ~~Withhold state and federal funds for any program, in~~	103996
~~whole or in part, from a board of alcohol, drug addiction, and~~	103997
~~mental health services in the event of failure of that program to~~	103998
~~comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,~~	103999
~~or 5119.62 of the Revised Code or rules of the department of~~	104000
~~mental health. The director shall identify the areas of~~	104001
~~noncompliance and the action necessary to achieve compliance. The~~	104002
~~director shall offer technical assistance to the board to achieve~~	104003
~~compliance. The director shall give the board a reasonable time~~	104004
~~within which to comply or to present its position that it is in~~	104005
~~compliance. Before withholding funds, a hearing shall be conducted~~	104006
~~to determine if there are continuing violations and that either~~	104007
~~assistance is rejected or the board is unable to achieve~~	104008
~~compliance. Subsequent to the hearing process, if it is determined~~	104009
~~that compliance has not been achieved, the director may allocate~~	104010
~~all or part of the withheld funds to a public or private agency to~~	104011
~~provide the services not in compliance until the time that there~~	104012
~~is compliance. The director shall establish rules pursuant to~~	104013
~~Chapter 119. of the Revised Code to implement this division.~~	104014

~~(D) Withhold state or federal funds from a board of alcohol,~~	104015
~~drug addiction, and mental health services that denies available~~	104016
~~service on the basis of religion, race, color, creed, sex,~~	104017
~~national origin, age, disability as defined in section 4112.01 of~~	104018
~~the Revised Code, developmental disability, or the inability to~~	104019
~~pay;~~	104020

~~(E)~~ Provide consultative services to community mental health	104021
agencies with the knowledge and cooperation of the board of	104022
alcohol, drug addiction, and mental health services;	104023

~~(F) Provide~~(D) At the director's discretion, provide to	104024
boards of alcohol, drug addiction, and mental health services	104025
state or federal funds, in addition to those allocated under	104026
section 5119.62 of the Revised Code, for special programs or	104027
projects the director considers necessary but for which local	104028
funds are not available;	104029

~~(G)~~(E) Establish criteria by which a board of alcohol, drug	104030
addiction, and mental health services reviews and evaluates the	104031
quality, effectiveness, and efficiency of services provided	104032
through its community mental health plan. The criteria shall	104033
include requirements ensuring appropriate service utilization. The	104034
department shall assess a board's evaluation of services and the	104035
compliance of each board with this section, Chapter 340. or	104036
section 5119.62 of the Revised Code, and other state or federal	104037
law and regulations. The department, in cooperation with the	104038
board, periodically shall review and evaluate the quality,	104039
effectiveness, and efficiency of services provided through each	104040
board. The department shall collect information that is necessary	104041
to perform these functions.	104042

~~(H) Develop~~(F) To the extent the director determines	104043
necessary and after consulting with boards of alcohol, drug	104044
addiction, and mental health services, develop and operate, or	104045
contract for the operation of, a community mental health	104046
information system or systems.	104047

Boards of alcohol, drug abuse, and mental health services	104048
shall submit information requested by the department in the form	104049
and manner prescribed by the department. Information collected by	104050
the department shall include, but not be limited to, all of the	104051
following:	104052

(1) Information regarding units of services provided in whole	104053
or in part under contract with a board, including diagnosis and	104054
special needs, demographic information, the number of units of	104055
service provided, past treatment, financial status, and service	104056
dates in accordance with rules adopted by the department in	104057
accordance with Chapter 119. of the Revised Code;	104058

(2) Financial information other than price or price-related	104059
data regarding expenditures of boards and community mental health	104060
agencies, including units of service provided, budgeted and actual	104061
expenses by type, and sources of funds.	104062

Boards shall submit the information specified in division	104063
~~(H)~~(F)(1) of this section no less frequently than annually for	104064
each client, and each time the client's case is opened or closed.	104065
The department shall not collect any personal information from the	104066
boards except as required or permitted by state or federal law for	104067
purposes related to payment, health care operations, program and	104068
service evaluation, reporting activities, research, system	104069
administration, and oversight.	104070

~~(I)~~(G) Review each board's community mental health plan	104071
submitted pursuant to section 340.03 of the Revised Code and	104072
approve or disapprove it in whole or in part. Periodically, in	104073
consultation with representatives of boards and after considering	104074
the recommendations of the medical director, the director shall	104075
issue criteria for determining when a plan is complete, criteria	104076
for plan approval or disapproval, and provisions for conditional	104077
approval. The factors that the director considers may include, but	104078
are not limited to, the following:	104079

(1) The mental health needs of all persons residing within	104080
the board's service district, especially severely mentally	104081
disabled children, adolescents, and adults;	104082

(2) The demonstrated quality, effectiveness, efficiency, and	104083
cultural relevance of the services provided in each service	104084
district, the extent to which any services are duplicative of	104085
other available services, and whether the services meet the needs	104086
identified above;	104087

(3) The adequacy of the board's accounting for the	104088
expenditure of funds.	104089

If the director disapproves all or part of any plan, the	104090
director shall provide the board an opportunity to present its	104091
position. The director shall inform the board of the reasons for	104092
the disapproval and of the criteria that must be met before the	104093
plan may be approved. The director shall give the board a	104094
reasonable time within which to meet the criteria, and shall offer	104095
technical assistance to the board to help it meet the criteria.	104096

If the approval of a plan remains in dispute ~~thirty days~~	104097
~~prior to the conclusion of the fiscal year in which the board's~~	104098
~~current plan is scheduled to expire~~, the board or the director may	104099
request that the dispute be submitted to a mutually agreed upon	104100
third-party mediator with the cost to be shared by the board and	104101
the department. The mediator shall issue to the board and the	104102
department recommendations for resolution of the dispute. ~~Prior to~~	104103
~~the conclusion of the fiscal year in which the current plan is~~	104104
~~scheduled to expire, the~~The director, taking into consideration	104105
the recommendations of the mediator, shall make a final	104106
determination and approve or disapprove the plan, in whole or in	104107
part.	104108

Sec. 5119.611. (A) A community mental health agency that	104109
seeks certification of its community mental health services shall	104110
submit an application to the director of mental health. On receipt	104111
of the application, the director may visit and shall evaluate the	104112
agency to determine whether its services satisfy the standards	104113
established by rules adopted under division (C) of this section.	104114
The director shall make the evaluation, and, if the director	104115
visits the agency, shall make the visit, in cooperation with the	104116
board of alcohol, drug addiction, and mental health services with	104117
which the agency seeks to contract under division (A)(8)(a) of	104118
section 340.03 of the Revised Code.	104119

(B) Subject to section 5119.612 of the Revised Code, the	104120
director shall determine whether the services of an applicant's	104121
community mental health agency satisfy the standards for	104122
certification of the services. If the director determines that a	104123
community mental health agency's services satisfy the standards	104124
for certification and the agency has paid the fee required under	104125
division ~~(B)~~(D) of this section, the director shall certify the	104126
services.	104127

(C) If the director determines that a community mental health	104128
agency's services do not satisfy the standards for certification,	104129
the director shall identify the areas of noncompliance, specify	104130
what action is necessary to satisfy the standards, and offer	104131
technical assistance to the board of alcohol, drug addiction, and	104132
mental health services so that the board may assist the agency in	104133
satisfying the standards. The director shall give the agency a	104134
reasonable time within which to demonstrate that its services	104135
satisfy the standards or to bring the services into compliance	104136
with the standards. If the director concludes that the services	104137
continue to fail to satisfy the standards, the director may	104138
request that the board reallocate the funds for the community	104139
mental health services the agency was to provide to another	104140
community mental health agency whose community mental health	104141
services satisfy the standards. If the board does not reallocate	104142
those funds in a reasonable period of time, the director may	104143
withhold state and federal funds for the community mental health	104144
services and allocate those funds directly to a community mental	104145
health agency whose community mental health services satisfy the	104146
standards.	104147

~~(B)~~(D) Each community mental health agency seeking	104148
certification of its community mental health services under this	104149
section shall pay a fee for the certification ~~review~~ required by	104150
this section. Fees shall be paid into the sale of goods and	104151
services fund created pursuant to section 5119.161 of the Revised	104152
Code.	104153

~~(C)~~(E) The director shall adopt rules in accordance with	104154
Chapter 119. of the Revised Code to implement this section. The	104155
rules shall do all of the following:	104156

(1) Establish certification standards for community mental	104157
health services, including assertive community treatment and	104158
intensive home-based mental health services, that are consistent	104159
with nationally recognized applicable standards and facilitate	104160
participation in federal assistance programs. The rules shall	104161
include as certification standards only requirements that improve	104162
the quality of services or the health and safety of clients of	104163
community mental health services. The standards shall address at a	104164
minimum all of the following:	104165

(a) Reporting major unusual incidents to the director;

104166

(b) Procedures for applicants for and clients of community	104167
mental health services to file grievances and complaints;	104168

104169

(d) Restraint;

104170

(e) Development of written policies addressing the rights of	104171
clients, including all of the following:	104172

(i) The right to a copy of the written policies addressing	104173
client rights;	104174

(ii) The right at all times to be treated with consideration	104175
and respect for the client's privacy and dignity;	104176

(iii) The right to have access to the client's own	104177
psychiatric, medical, or other treatment records unless access is	104178
specifically restricted in the client's treatment plan for clear	104179
treatment reasons;	104180

(iv) The right to have a client rights officer provided by	104181
the agency or board of alcohol, drug addiction, and mental health	104182
services advise the client of the client's rights, including the	104183
client's rights under Chapter 5122. of the Revised Code if the	104184
client is committed to the agency or board.	104185

(2) Establish standards for qualifications of mental health	104186
professionals as defined in section 340.02 of the Revised Code and	104187
personnel who provide the community mental health services;	104188

(3) Establish the process for certification of community	104189
mental health services;	104190

(4) Set the amount of certification review fees based on a	104191
portion of the cost of performing the review;	104192

(5) Specify the type of notice and hearing to be provided	104193
prior to a decision on whether to reallocate funds.	104194

Sec. 5119.612. (A) In lieu of a determination by the	104195
director of mental health of whether the services of a community	104196
mental health agency satisfy the standards for certification under	104197
section 5119.611 of the Revised Code, the director shall accept	104198
appropriate accreditation of an applicant's mental health	104199
services, integrated mental health and alcohol and other drug	104200
addiction services, or integrated mental health and physical	104201
health services being provided in this state from any of the	104202
following national accrediting organizations as evidence that the	104203
applicant satisfies the standards for certification:	104204

(1) The joint commission;

104205

(2) The commission on accreditation of rehabilitation	104206
facilities;	104207

(3) The council on accreditation.

104208

(B) If the director determines that an applicant's	104209
accreditation is current, is appropriate for the services for	104210
which the applicant is seeking certification, and the applicant	104211
meets any other requirements established under this section or in	104212
rules adopted under this section, the director shall certify the	104213
applicant's services that are accredited. Except as provided in	104214
division (C)(2) of this section, the director shall issue the	104215
certification without further evaluation of the services.	104216

104217

(1) The director may review the accrediting organizations	104218
listed in division (A) of this section to evaluate whether the	104219
accreditation standards and processes used by the organizations	104220
are consistent with service delivery models the director considers	104221
appropriate for mental health services, physical health services,	104222
or both. The director may communicate to an accrediting	104223
organization any identified concerns, trends, needs, and	104224
recommendations.	104225

(2) The director may visit or otherwise evaluate a community	104226
mental health agency at any time based on cause, including	104227
complaints made by or on behalf of consumers and confirmed or	104228
alleged deficiencies brought to the attention of the director.	104229

(3) The director shall require a community mental health	104230
agency to notify the director not later than ten days after any	104231
change in the agency's accreditation status. The agency may notify	104232
the director by providing a copy of the relevant document the	104233
agency received from the accrediting organization.	104234

(4) The director shall require a community mental health	104235
agency to submit to the director reports of major unusual	104236
incidents.	104237

(5) The director may require a community mental health agency	104238
to submit to the director cost reports pertaining to the agency.	104239

(D) The director shall adopt rules in accordance with Chapter	104240
119. of the Revised Code to implement this section. In adopting	104241
the rules, the director shall do all of the following:	104242

(1) Specify the documentation that must be submitted as	104243
evidence of holding appropriate accreditation;	104244

(2) Establish a process by which the director may review the	104245
accreditation standards and processes used by the national	104246
accrediting organizations listed in division (A) of this section;	104247

(3) Specify the circumstances under which reports of major	104248
unusual incidents and agency cost reports must be submitted to the	104249
director;	104250

(4) Specify the circumstances under which the director may	104251
visit or otherwise evaluate a community mental health agency for	104252
cause;	104253

(5) Establish a process by which the director, based on	104254
deficiencies identified as a result of visiting or evaluating a	104255
community mental health agency under division (C)(2) of this	104256
section, may take any of a range of corrective actions, with the	104257
most stringent being revocation of the certification of the	104258
agency's services.	104259

~~Sec. 5119.612.~~ Sec. 5119.613. The director of mental health shall	104260
require that each board of alcohol, drug addiction, and mental	104261
health services ensure that each community mental health agency	104262
with which it contracts under division (A)(8)(a) of section 340.03	104263
of the Revised Code to provide community mental health services	104264
establish grievance procedures consistent with rules adopted under	104265
section 5119.611 of the Revised Code that are available to all	104266
applicants for and clients of the community mental health	104267
services.	104268

~~Sec. 5119.613.~~ Sec. 5119.614. For purposes of ~~Chapter 3722.~~	104269
sections 5119.70 to 5119.88 of the Revised Code, the director of	104270
mental health shall approve a standardized form to be used in all	104271
areas of this state by adult care facilities and boards of	104272
alcohol, drug addiction, and mental health services when entering	104273
into mental health resident program participation agreements. As	104274
part of approving the form, the director shall specify the	104275
requirements that adult care facilities must meet in order to be	104276
authorized to admit residents who are receiving or are eligible	104277
for publicly funded mental health services.	104278

Sec. 5119.62. (A) ~~Upon approving the plan submitted pursuant~~	104279
~~to section 340.03 of the Revised Code, the director~~The department	104280
of mental health shall ~~authorize the payment of funds~~establish a	104281
methodology for allocating to ~~a board~~boards of alcohol, drug	104282
addiction, and mental health services ~~from~~the funds appropriated	104283
~~for such purpose~~ by the general assembly to the department for the	104284
purpose of local mental health systems of care. The ~~director~~	104285
department shall ~~release all or part of such~~establish the	104286
methodology after notifying and consulting with relevant	104287
constituencies as required by division (L) of section 5119.06 of	104288
the Revised Code. The methodology may provide for the funds to be	104289
allocated to boards on a district or multi-district basis. Subject	104290
to sections 5119.622 and 5119.623 of the Revised Code, the	104291
department shall allocate the funds ~~as is~~to the boards in a	104292
manner consistent with the methodology, this section, other state	104293
and federal laws, rules, and regulations~~, and the approved plan~~.	104294

(B)~~(1) The director, in consultation with relevant~~	104295
~~constituencies as required by division (A)(11) of section 5119.06~~	104296
~~of the Revised Code, shall establish a formula for allocating to~~	104297
~~boards of alcohol, drug addiction, and mental health services~~	104298
~~appropriations from the general revenue fund for the purpose of~~	104299
~~local management of mental health services as this purpose is~~	104300
~~identified in appropriations to the department of mental health in~~	104301
~~appropriation acts. The formula shall include as a factor the~~	104302
~~number of severely mentally disabled persons residing in each~~	104303
~~alcohol, drug addiction, and mental health service district and~~	104304
~~may include other factors, including, but not limited to, the~~	104305
~~historical utilization of public hospitals by persons in each~~	104306
~~service district. The appropriations shall be allocated to each~~	104307
~~board in accordance with the formula but shall be distributed only~~	104308
~~to those boards that elect the option provided under division~~	104309
~~(B)(3)(a) of this section.~~	104310

~~(2) The director shall allocate each fiscal year to boards of~~	104311
~~alcohol, drug addiction, and mental health services for services~~	104312
~~to severely mentally disabled persons a percentage of the~~	104313
~~appropriations to the department from the general revenue fund for~~	104314
~~the purposes of hospital personal services, hospital maintenance,~~	104315
~~and hospital equipment as those purposes are identified in~~	104316
~~appropriations to the department in appropriation acts. After~~	104317
~~excluding funds for providing services to persons committed to the~~	104318
~~department pursuant to section 2945.38, 2945.39, 2945.40,~~	104319
~~2945.401, 2945.402, or 5139.08 of the Revised Code, the percentage~~	104320
~~of those appropriations so allocated each year shall equal ten per~~	104321
~~cent in fiscal year 1990, twenty per cent in fiscal year 1991,~~	104322
~~forty per cent in fiscal year 1992, sixty per cent in fiscal year~~	104323
~~1993, eighty per cent in fiscal year 1994, and one hundred per~~	104324
~~cent in fiscal year 1995 and thereafter. The amounts so allocated~~	104325
~~shall be transferred from the appropriations for the purposes of~~	104326
~~hospital personal services, hospital maintenance, and hospital~~	104327
~~equipment and credited to appropriations for the purpose of local~~	104328
~~management of mental health services. Appropriations for the~~	104329
~~purpose of local management of mental health services may be used~~	104330
~~by the department and by the boards~~The department may allocate to	104331
boards a portion of the funds appropriated by the general assembly	104332
to the department for the operation of state hospital services. If	104333
the department allocates the funds, the department shall do all of	104334
the following:	104335

(1) In consultation with the boards:

104336

(a) Annually determine the unit costs of providing state	104337
hospital services; and	104338

(b) Establish the methodology for allocating the funds to the	104339
boards.	104340

(2) Determine the type of unit costs of providing state	104341
hospital services to be included as a factor in the methodology	104342
and include that unit cost as a factor in the methodology;	104343

(3) Subject to sections 5119.622 and 5119.623 of the Revised	104344
Code, allocate the funds to the boards in a manner consistent with	104345
the methodology, this section, other state and federal laws,	104346
rules, and regulations.	104347

~~(3) No~~(c) Not later than the first day of April of each year,	104348
the department ~~of mental health~~ shall notify each board of	104349
~~alcohol, drug addiction, and mental health services~~ of the	104350
department's estimate of the amount of ~~general revenue~~ funds to be	104351
allocated to the board under ~~division (D) of~~ this section during	104352
the fiscal year beginning on the next July first. NoIf the	104353
department makes an allocation under division (B) of this section,	104354
the department shall also notify each board of the unit costs of	104355
providing state hospital services for the upcoming fiscal year as	104356
determined under that division. Not later than the first day of	104357
May of each year, each board shall notify the ~~director~~department	104358
as to which of the following options it has elected for ~~that~~the	104359
upcoming fiscal year:	104360

~~(a)~~(1) The board elects to accept distribution of the amount	104361
allocated to it under ~~division (B)(1) of~~ this ~~section. Any board~~	104362
~~that makes such an election shall agree to make payments into the~~	104363
~~risk fund established in division (E) of this section, to make any~~	104364
~~payments for utilization of state hospitals that are required~~	104365
~~under division (E)(3) of this section, to use the funds~~	104366
~~distributed to it within the limitations set forth in division~~	104367
~~(B)(2) of this section, and to provide the department with a~~	104368
~~statement of projected utilization of state hospitals and other~~	104369
~~state-operated services by residents of its service district~~	104370
~~during the fiscal year.~~	104371

~~The department shall retain and expend the funds projected to~~	104372
~~be utilized for state hospitals and other state-operated services~~	104373
section. Funds distributed to each board shall be used to	104374
supplement and not to supplant other state, local, or federal	104375
funds that are being used to support community-based programs for	104376
severely mentally disabled children, adolescents, and adults,	104377
unless the funds have been specifically designated for the	104378
initiation of programs in accordance with the community mental	104379
health plan developed and submitted under section 340.03 and	104380
approved under section 5119.61 of the Revised Code.	104381
Notwithstanding section 131.33 of the Revised Code, any board may	104382
expend unexpended funds distributed to the board from	104383
appropriations for the purpose of local management of mental	104384
health services in the fiscal year following the fiscal year in	104385
for which the appropriations are made, in accordance with the	104386
approved community mental health plan.	104387

~~(b) The~~(2) Subject to division (D) of this section, the	104388
board elects not to accept the amount allocated to it under	104389
~~division (B)(1) of~~ this section, authorizes the department to	104390
determine the use of its allocation, and agrees to provide the	104391
department with a statement of projected utilization of state	104392
hospitals and other state-operated services by residents of its	104393
service district during the fiscal year.	104394

~~(4) Beginning with the notification required to be made by~~	104395
~~May 1, 1995, under division (B)(3) of this section, no~~(D) No	104396
board ~~of alcohol, drug addiction, and mental health services~~ shall	104397
elect the option in division ~~(B)(3)(b)~~(C)(2) of this section	104398
unless ~~one~~all of the following ~~applies~~apply:	104399

~~(a) The~~(1) Either the total ~~general revenue~~ funds estimated	104400
by the department to be allocated to the board under this section	104401
for the next fiscal year isare reduced by a substantial amount,	104402
as defined in guidelines adopted by the director of mental health	104403
under division ~~(B)(4)~~(E) of this section, in comparison to the	104404
amount allocated for the current fiscal year, for reasons not	104405
related to performance;	104406

~~(b) The amount of estimated general revenue funds to be~~	104407
~~allocated to the board is not reduced by a substantial amount but~~	104408
or the board has experienced other circumstances specified in the	104409
guidelines ~~adopted by the director under division (B)(4) of this~~	104410
~~section~~.	104411

~~The director shall consult with boards of alcohol, drug~~	104412
~~addiction, and mental health services and other relevant~~	104413
~~constituencies to develop guidelines for determining what~~	104414
~~constitutes a substantial reduction of general revenue funds for~~	104415
~~the purpose of electing the option under division (B)(3)(b) of~~	104416
~~this section, and what other circumstances qualify a board to~~	104417
~~elect that option.~~	104418

~~Beginning with the notification required to be made by May 1,~~	104419
~~1995, under division (B)(3) of this section, no board shall notify~~	104420
~~the director that it elects the option under division (B)(3)(b) of~~	104421
~~this section unless it has conducted~~(2) The board provides the	104422
department written confirmation that the board has received input	104423
about the impact that the board's election will have on the mental	104424
health system in the board's district from all of the following:	104425

(a) Individuals who receive mental health services and such	104426
individuals' families;	104427

(b) Boards of county commissioners;

104428

104429

(d) County sheriffs, jail administrators, and other local law	104430
enforcement officials.	104431

(3) Not later than seven days before notifying the department	104432
of its election and after providing the department the written	104433
confirmation required by division (D)(2) of this section, the	104434
board conducts a public hearing on the issue ~~no later than seven~~	104435
~~days before making the notification~~.	104436

~~(C) Boards of alcohol, drug addiction, and mental health~~	104437
~~services and community mental health agencies~~(E) For the purpose	104438
of division (D)(1) of this section, the director of mental health	104439
shall consult with the boards and other relevant constituencies to	104440
develop guidelines for determining what constitutes a substantial	104441
reduction of funds and what other circumstances qualify a board to	104442
elect the option in division (C)(2) of this section.	104443

(F) No board shall ~~not~~ use state funds for the purpose of	104444
~~influencing employees with respect to unionization. As used in~~	104445
~~this division, "influencing" means~~ discouraging employees from	104446
seeking collective bargaining representation or encouraging	104447
employees to decertify a recognized collective bargaining agent.	104448

~~(D) The director shall develop, and review at least annually,~~	104449
~~a methodology, including the formula developed under division~~	104450
~~(B)(1) of this section, for distributing and allocating funds to~~	104451
~~boards. The methodology shall be consistent with state and federal~~	104452
~~law and regulations. A portion of the funds shall be distributed~~	104453
~~based on the ratio of the population of the district served by the~~	104454
~~board to the total population of the state as determined from the~~	104455
~~federal census or the most recent estimates produced by the United~~	104456
~~States census bureau's federal state cooperative program for~~	104457
~~population program-series P-26 or the population estimates and~~	104458
~~projections program-series P-25, whichever is most recent.~~	104459

~~(E)(1) There is hereby created in the state treasury the~~	104460
~~department of mental health risk fund, which shall receive~~	104461
~~payments from boards that have elected the option provided in~~	104462
~~division (B)(3)(a) of this section. All investment earnings of the~~	104463
~~fund shall be credited to the fund. Moneys in the fund shall be~~	104464
~~used for the following purposes:~~	104465

~~(a) To assist boards that elect the option provided in~~	104466
~~division (B)(3)(a) of this section and that serve service~~	104467
~~districts in which the costs of utilization of state hospitals by~~	104468
~~residents in a fiscal year exceed the amount allocated to the~~	104469
~~district under the formula developed under division (B)(1) of this~~	104470
~~section. The department shall define such costs by unit and~~	104471
~~establish them annually after consultation with representatives of~~	104472
~~such boards.~~	104473

~~(b) To make payments to boards that elect the option provided~~	104474
~~in division (B)(3)(a) of this section and that experience~~	104475
~~conditions of financial hardship, as determined by the director.~~	104476

~~The director of mental health, in consultation with~~	104477
~~representatives of the boards, shall develop guidelines for the~~	104478
~~use of moneys in the risk fund.~~	104479

~~(2) On or before the first day of April of each year, the~~	104480
~~department shall specify the percentage of the amount of money~~	104481
~~allocated under division (B)(1) of this section for distribution~~	104482
~~to boards subject to division (E) of this section that each such~~	104483
~~board is to transmit to the director of mental health for deposit~~	104484
~~in the risk fund for the following fiscal year. On or before the~~	104485
~~first day of August of each year, each such board shall transmit~~	104486
~~to the director for deposit to the credit of the risk fund the~~	104487
~~amount obtained by multiplying that percentage by the amount~~	104488
~~allocated for distribution to such boards.~~	104489

~~(3) Whenever the costs of utilization of state hospitals by~~	104490
~~residents in a district served by a board subject to division (E)~~	104491
~~of this section exceed the amount allocated to the district under~~	104492
~~the formula, responsibility for payment of the excess costs shall~~	104493
~~be borne by the board of that district and the risk fund as~~	104494
~~follows:~~	104495

~~(a) The board and the risk fund each are responsible for~~	104496
~~payment of one-half of any costs that exceed one hundred per cent~~	104497
~~of the amount allocated under the formula but do not exceed one~~	104498
~~hundred five per cent of that amount.~~	104499

~~(b) The board is responsible for payment of one-fourth, and~~	104500
~~the risk fund responsible for three-fourths, of any costs that~~	104501
~~exceed one hundred five per cent of the amount allocated under the~~	104502
~~formula but do not exceed one hundred ten per cent of that amount.~~	104503

~~(c) The risk fund is responsible for payment of any costs~~	104504
~~that exceed one hundred ten per cent of the amount allocated under~~	104505
~~the formula but do not exceed one hundred fifteen per cent of that~~	104506
~~amount.~~	104507

~~(d) The board is responsible for payment of all costs that~~	104508
~~exceed one hundred fifteen per cent of the amount allocated under~~	104509
~~the formula.~~	104510

~~(F)~~(G) The department shall charge against the allocation	104511
made to a board under division (B)~~(1)~~ of this section, if any, any	104512
unreimbursed costs for services provided by the department. ~~This~~	104513
~~requirement is not affected by any election a board makes under~~	104514
~~division (B)(3) of this section.~~	104515

(H) A board's use of funds allocated under this section is	104516
subject to audit by county, state, and federal authorities.	104517

Sec. 5119.621. (A) As used in this section, "administrative	104518
function" means a function related to one or more of the	104519
following:	104520

(1) Continuous quality improvement;

104521

(2) Utilization review;

104522

(3) Resource development;

104523

(4) Fiscal administration;

104524

(5) General administration;

104525

(6) Any other function related to administration that is	104526
required by Chapter 340. of the Revised Code.	104527

(B) Each board of alcohol, drug addiction, and mental health	104528
services shall submit an annual report to the department of mental	104529
health specifying how the board used ~~state and federal~~ funds	104530
allocated to the board~~, according to the formula the director of~~	104531
~~mental health establishes~~ under section 5119.62 of the Revised	104532
Code, for administrative functions in the year preceding the	104533
report's submission. The director of mental health shall establish	104534
the date by which the report must be submitted each year.	104535

Sec. 5119.622. The director of mental health, in whole or in	104536
part, may withhold funds otherwise to be allocated to a board of	104537
alcohol, drug addiction, and mental health services under section	104538
5119.62 of the Revised Code if the board fails to comply with	104539
Chapter 340. or section 5119.61, 5119.611, 5119.612, or 5119.621	104540
of the Revised Code or rules of the department of mental health	104541
regarding a community mental health service. The director shall	104542
identify the areas of noncompliance and the action necessary to	104543
achieve compliance. The director shall offer technical assistance	104544
to the board to achieve compliance. The director shall give the	104545
board a reasonable time within which to comply or to present its	104546
position that it is in compliance. Before withholding funds, a	104547
hearing shall be conducted to determine if there are continuing	104548
violations and that either assistance is rejected or the board is	104549
unable to achieve compliance. Subsequent to the hearing process,	104550
if it is determined that compliance has not been achieved, the	104551
director may allocate all or part of the withheld funds to a	104552
public or private agency to provide the community mental health	104553
service for which the board is not in compliance until the time	104554
that there is compliance. The director shall adopt rules in	104555
accordance with Chapter 119. of the Revised Code to implement this	104556
section.	104557

Sec. 5119.623. The director of mental health may withhold	104558
funds otherwise to be allocated to a board of alcohol, drug	104559
addiction, and mental health services under section 5119.62 of the	104560
Revised Code if the board denies available service on the basis of	104561
religion, race, color, creed, sex, national origin, age,	104562
disability as defined in section 4112.01 of the Revised Code, or	104563
developmental disability.	104564

~~Sec. 173.35.~~ Sec. 5119.69. (A) ~~As used in this section, "PASSPORT~~	104565
~~administrative agency" means an entity under contract with the~~	104566
~~department of aging to provide administrative services regarding~~	104567
~~the PASSPORT program created under section 173.40 of the Revised~~	104568
~~Code.~~	104569

~~(B)~~ The department of ~~aging~~mental health shall ~~administer~~	104570
implement the residential state supplement program under which the	104571
state supplements the supplemental security income payments	104572
received by aged, blind, or disabled adults under Title XVI of the	104573
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A., as	104574
amended. Residential state supplement payments shall be used for	104575
the provision of accommodations, supervision, and personal care	104576
services to supplemental security income recipients who the	104577
department determines are at risk of needing institutional care.	104578

(B) In implementing the program, the department may designate	104579
one or more entities to be responsible for providing	104580
administrative services regarding the program. The department may	104581
designate an entity to be a residential state supplement	104582
administrative agency under this division either by entering into	104583
a contract with the entity to serve in that capacity or by	104584
otherwise delegating to the entity the responsibility to serve in	104585
that capacity.	104586

(C) For an individual to be eligible for residential state	104587
supplement payments, all of the following must be the case:	104588

(1) Except as provided by division (G) of this section, the	104589
individual must reside in one of the following:	104590

(a) An adult foster home certified under section ~~173.36~~	104591
5119.692 of the Revised Code;	104592

(b) A home or facility, other than a nursing home or nursing	104593
home unit of a home for the aging, licensed by the department of	104594
health under Chapter 3721. ~~or 3722.~~ of the Revised Code ~~and~~	104595
~~certified in accordance with standards established by the director~~	104596
~~of aging under division (D)(2) of this section~~or the department	104597
of mental health under sections 5119.70 to 5119.88 of the Revised	104598
Code;	104599

(c) A residential facility as defined in division	104600
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by	104601
the department of mental health ~~and certified in accordance with~~	104602
~~standards established by the director of aging under division~~	104603
~~(D)(2) of this section~~;	104604

(d) An apartment or room used to provide community mental	104605
health housing services certified by the department of mental	104606
health under section 5119.611 of the Revised Code and approved by	104607
a board of alcohol, drug addiction, and mental health services	104608
under division (A)(14) of section 340.03 of the Revised Code ~~and~~	104609
~~certified in accordance with standards established by the director~~	104610
~~of aging under division (D)(2) of this section~~.	104611

(2) ~~Effective July 1, 2000, a PASSPORT~~A residential state	104612
supplement administrative agency must have determined that the	104613
environment in which the individual will be living while receiving	104614
the payments is appropriate for the individual's needs. If the	104615
individual is eligible for supplemental security income payments	104616
or social security disability insurance benefits because of a	104617
mental disability, the ~~PASSPORT~~residential state supplement	104618
administrative agency shall refer the individual to a community	104619
mental health agency for the community mental health agency to	104620
issue in accordance with section 340.091 of the Revised Code a	104621
recommendation on whether the ~~PASSPORT~~residential state	104622
supplement administrative agency should determine that the	104623
environment in which the individual will be living while receiving	104624
the payments is appropriate for the individual's needs. ~~Division~~	104625
~~(C)(2) of this section does not apply to an individual receiving~~	104626
~~residential state supplement payments on June 30, 2000, until the~~	104627
~~individual's first eligibility redetermination after that date.~~	104628

(3) The individual satisfies all eligibility requirements	104629
established by rules adopted under division (D) of this section.	104630

(D)~~(1)~~ The directors of ~~aging~~mental health and job and	104631
family services shall adopt rules in accordance with section	104632
111.15 of the Revised Code as necessary to implement the	104633
residential state supplement program.	104634

To the extent permitted by Title XVI of the "Social Security	104635
Act," and any other provision of federal law, the director of job	104636
and family services ~~shall~~may adopt rules establishing standards	104637
for adjusting the eligibility requirements concerning the level of	104638
impairment a person must have so that the amount appropriated for	104639
the program by the general assembly is adequate for the number of	104640
eligible individuals. The rules shall not limit the eligibility of	104641
disabled persons solely on a basis classifying disabilities as	104642
physical or mental. The director of job and family services also	104643
~~shall~~may adopt rules that establish eligibility standards for	104644
aged, blind, or disabled individuals who reside in one of the	104645
homes or facilities specified in division (C)(1) of this section	104646
but who, because of their income, do not receive supplemental	104647
security income payments. The rules may provide that these	104648
individuals may include individuals who receive other types of	104649
benefits, including, social security disability insurance benefits	104650
provided under Title II of the "Social Security Act," 49 Stat. 620	104651
(1935), 42 U.S.C.A. 401, as amended. Notwithstanding division	104652
~~(B)~~(A) of this section, such payments may be made if funds are	104653
available for them.	104654

The director of ~~aging shall~~mental health may adopt rules	104655
establishing the method to be used to determine the amount an	104656
eligible individual will receive under the program. The amount the	104657
general assembly appropriates for the program ~~shall~~may be a	104658
factor included in the method that ~~department~~director	104659
establishes.	104660

~~(2) The director of aging shall adopt rules in accordance~~	104661
~~with Chapter 119. of the Revised Code establishing standards for~~	104662
~~certification of living facilities described in division (C)(1) of~~	104663
~~this section.~~	104664

~~The directors of aging and mental health shall enter into an~~	104665
~~agreement to certify facilities that apply for certification and~~	104666
~~meet the standards established by the director of aging under this~~	104667
~~division.~~	104668

(E) The county department of job and family services of the	104669
county in which an applicant for the residential state supplement	104670
program resides shall determine whether the applicant meets income	104671
and resource requirements for the program.	104672

(F) The department of ~~aging~~mental health shall maintain a	104673
waiting list of any individuals eligible for payments under this	104674
section but not receiving them because moneys appropriated to the	104675
department for the purposes of this section are insufficient to	104676
make payments to all eligible individuals. An individual may apply	104677
to be placed on the waiting list even though the individual does	104678
not reside in one of the homes or facilities specified in division	104679
(C)(1) of this section at the time of application. The director of	104680
~~aging~~mental health, by rules adopted in accordance with Chapter	104681
119. of the Revised Code, ~~shall~~may specify procedures and	104682
requirements for placing an individual on the waiting list and	104683
priorities for the order in which individuals placed on the	104684
waiting list are to begin to receive residential state supplement	104685
payments. The rules specifying priorities may give priority to	104686
individuals placed on the waiting list on or after July 1, 2006,	104687
who receive supplemental security income benefits under Title XVI	104688
of the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.	104689
1381, as amended. The rules shall not affect the place on the	104690
waiting list of any person who was on the list on July 1, 2006.	104691
The rules specifying priorities may also set additional priorities	104692
based on living arrangement, such as whether an individual resides	104693
in a facility listed in division (C)(1) of this section or has	104694
been admitted to a nursing facility.	104695

(G) An individual in a licensed or certified living	104696
arrangement receiving state supplementation on November 15, 1990,	104697
under former section 5101.531 of the Revised Code shall not become	104698
ineligible for payments under this section solely by reason of the	104699
individual's living arrangement as long as the individual remains	104700
in the living arrangement in which the individual resided on	104701
November 15, 1990.	104702

(H) The department of ~~aging~~mental health shall notify each	104703
person denied approval for payments under this section of the	104704
person's right to a hearing. On request, the hearing shall be	104705
provided ~~by the department of job and family services~~ in	104706
accordance with ~~section 5101.35~~Chapter 119. of the Revised Code.	104707

~~Sec. 173.351.~~ Sec. 5119.691. (A) As used in this section:

104708

~~"Area agency on aging" has the same meaning as in section~~	104709
~~173.14 of the Revised Code.~~	104710

"Long-term care consultation program" means the program the	104711
department of aging is required to develop under section 173.42 of	104712
the Revised Code.	104713

"Long-term care consultation program administrator" or	104714
"administrator" means the department of aging or, if the	104715
department contracts with an area agency on aging or other entity	104716
to administer the long-term care consultation program for a	104717
particular area, that agency or entity.	104718

"Nursing facility" has the same meaning as in section 5111.20	104719
of the Revised Code.	104720

"Residential state supplement administrative agency" means an	104721
entity designated as such by the department of mental health under	104722
section 5119.69 of the Revised Code.	104723

"Residential state supplement program" means the program	104724
administered pursuant to section ~~173.35~~5119.69 of the Revised	104725
Code.	104726

(B) ~~Each month, each area agency on aging~~On a periodic	104727
schedule determined by the department of mental health, each	104728
residential state supplement administrative agency shall determine	104729
whether individuals who reside in the area that the ~~area~~ agency on	104730
~~aging~~ serves and are on a waiting list for the residential state	104731
supplement program have been admitted to a nursing facility. If an	104732
~~area~~a residential state supplement administrative agency ~~on aging~~	104733
determines that such an individual has been admitted to a nursing	104734
facility, the agency shall notify the long-term care consultation	104735
program administrator serving the area in which the individual	104736
resides about the determination. The administrator shall determine	104737
whether the residential state supplement program is appropriate	104738
for the individual and whether the individual would rather	104739
participate in the program than continue residing in the nursing	104740
facility. If the administrator determines that the residential	104741
state supplement program is appropriate for the individual and the	104742
individual would rather participate in the program than continue	104743
residing in the nursing facility, the administrator shall so	104744
notify the department of ~~aging~~mental health. On receipt of the	104745
notice from the administrator, the department of ~~aging~~mental	104746
health shall approve the individual's enrollment in the	104747
residential state supplement program in accordance with the	104748
priorities specified in rules adopted under division (F) of	104749
section ~~173.35~~5119.69 of the Revised Code. Each quarter, the	104750
department of ~~aging~~mental health shall certify to the director of	104751
budget and management the estimated increase in costs of the	104752
residential state supplement program resulting from enrollment of	104753
individuals in the program pursuant to this section.	104754

~~(C) Not later than the last day of each calendar year, the~~	104755
~~director of aging shall submit to the general assembly a report~~	104756
~~regarding the number of individuals enrolled in the residential~~	104757
~~state supplement program pursuant to this section and the costs~~	104758
~~incurred and savings achieved as a result of the enrollments.~~	104759

~~Sec. 173.36.~~ Sec. 5119.692. As used in this section, "adult foster	104760
home" means a residence, other than a ~~residence certified or~~	104761
residential facility licensed ~~by the department of mental health~~	104762
under section 5119.22 of the Revised Code, in which accommodations	104763
and personal care services, as defined in section ~~3722.01~~5119.70	104764
of the Revised Code, are provided to one or two adults who are	104765
unrelated to the owners of the residence.	104766

The department of ~~aging~~mental health shall adopt rules in	104767
accordance with Chapter 119. of the Revised Code establishing	104768
standards for the certification of adult foster homes. The	104769
department or its designee shall certify adult foster homes that	104770
apply for certification and meet the standards established by the	104771
department.	104772

Sec. 5119.693. (A) As used in this section:

104773

(1) "Adult resident" means an individual residing in an adult	104774
foster home certified by the department of mental health.	104775

(2) "Applicant" means a person who is under final	104776
consideration for employment with an adult foster home in a	104777
full-time, part-time, or temporary position that involves	104778
providing direct care to an adult resident. "Applicant" does not	104779
include a person who provides direct care as a volunteer without	104780
receiving or expecting to receive any form of remuneration other	104781
than reimbursement for actual expenses.	104782

(3) "Criminal records check" has the same meaning as in	104783
section 109.572 of the Revised Code.	104784

(B)(1) Except as provided in division (I) of this section,	104785
the owner or administrator of an adult foster home shall request	104786
that the superintendent of the bureau of criminal identification	104787
and investigation conduct a criminal records check with respect to	104788
each applicant. If an applicant for whom a criminal records check	104789
request is required under this division does not present proof of	104790
having been a resident of this state for the five-year period	104791
immediately prior to the date the criminal records check is	104792
requested or provide evidence that within that five-year period	104793
the superintendent has requested information about the applicant	104794
from the federal bureau of investigation in a criminal records	104795
check, the owner or administrator shall request that the	104796
superintendent obtain information from the federal bureau of	104797
investigation as part of the criminal records check of the	104798
applicant. Even if an applicant for whom a criminal records check	104799
request is required under this division presents proof of having	104800
been a resident of this state for the five-year period, the owner	104801
or administrator may request that the superintendent include	104802
information from the federal bureau of investigation in the	104803
criminal records check.	104804

(2) A person required by division (B)(1) of this section to	104805
request a criminal records check shall do both of the following:	104806

(a) Provide to each applicant for whom a criminal records	104807
check request is required under that division a copy of the form	104808
prescribed pursuant to division (C)(1) of section 109.572 of the	104809
Revised Code and a standard fingerprint impression sheet	104810
prescribed pursuant to division (C)(2) of that section, and obtain	104811
the completed form and impression sheet from the applicant;	104812

(b) Forward the completed form and impression sheet to the	104813
superintendent of the bureau of criminal identification and	104814
investigation.	104815

(3) An applicant provided the form and fingerprint impression	104816
sheet under division (B)(2)(a) of this section who fails to	104817
complete the form or provide fingerprint impressions shall not be	104818
employed in any position for which a criminal records check is	104819
required by this section.	104820

(C)(1) Except as provided in rules adopted by the department	104821
of mental health in accordance with division (F) of this section	104822
and subject to division (C)(2) of this section, no adult foster	104823
home shall employ a person in a position that involves providing	104824
direct care to an adult resident if the person has been convicted	104825
of or pleaded guilty to any of the following:	104826

(a) A violation of section 2903.01, 2903.02, 2903.03,	104827
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	104828
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	104829
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	104830
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	104831
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	104832
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	104833
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	104834
2925.22, 2925.23, or 3716.11 of the Revised Code.	104835

(b) A violation of an existing or former law of this state,	104836
any other state, or the United States that is substantially	104837
equivalent to any of the offenses listed in division (C)(1)(a) of	104838
this section.	104839

(2)(a) An adult foster home may employ conditionally an	104840
applicant for whom a criminal records check request is required	104841
under division (B) of this section prior to obtaining the results	104842
of a criminal records check regarding the individual, provided	104843
that the foster home shall request a criminal records check	104844
regarding the individual in accordance with division (B)(1) of	104845
this section not later than five business days after the	104846
individual begins conditional employment. In the circumstances	104847
described in division (I)(2) of this section, an adult foster home	104848
may employ conditionally an applicant who has been referred to the	104849
adult foster home by an employment service that supplies	104850
full-time, part-time, or temporary staff for positions involving	104851
the direct care of adult residents and for whom, pursuant to that	104852
division, a criminal records check is not required under division	104853
(B) of this section.	104854

(b) An adult foster home that employs an individual	104855
conditionally under authority of division (C)(2)(a) of this	104856
section shall terminate the individual's employment if the results	104857
of the criminal records check requested under division (B) of this	104858
section or described in division (I)(2) of this section, other	104859
than the results of any request for information from the federal	104860
bureau of investigation, are not obtained within the period ending	104861
thirty days after the date the request is made. Regardless of when	104862
the results of the criminal records check are obtained, if the	104863
results indicate that the individual has been convicted of or	104864
pleaded guilty to any of the offenses listed or described in	104865
division (C)(1) of this section, the foster home shall terminate	104866
the individual's employment unless the foster home chooses to	104867
employ the individual pursuant to division (F) of this section.	104868
Termination of employment under this division shall be considered	104869
just cause for discharge for purposes of division (D)(2) of	104870
section 4141.29 of the Revised Code if the individual makes any	104871
attempt to deceive the foster home about the individual's criminal	104872
record.	104873

(D)(1) Each adult foster home shall pay to the bureau of	104874
criminal identification and investigation the fee prescribed	104875
pursuant to division (C)(3) of section 109.572 of the Revised Code	104876
for each criminal records check conducted pursuant to a request	104877
made under division (B) of this section.	104878

(2) An adult foster home may charge an applicant a fee not	104879
exceeding the amount the foster home pays under division (D)(1) of	104880
this section. An adult foster home may collect a fee only if it	104881
notifies the person at the time of initial application for	104882
employment of the amount of the fee and that, unless the fee is	104883
paid, the person will not be considered for employment.	104884

(E) The report of any criminal records check conducted	104885
pursuant to a request made under this section is not a public	104886
record for the purposes of section 149.43 of the Revised Code and	104887
shall not be made available to any person other than the	104888
following:	104889

(1) The individual who is the subject of the criminal records	104890
check or the individual's representative;	104891

(2) The owner or administrator of the foster home requesting	104892
the criminal records check or the owner's or administrator's	104893
representative;	104894

(3) The administrator of any other facility, agency, or	104895
program that provides direct care to adult residents that is owned	104896
or operated by the same entity that owns or operates the adult	104897
foster home;	104898

(4) A court, hearing officer, or other necessary individual	104899
involved in a case dealing with a denial of employment of the	104900
applicant or dealing with employment or unemployment benefits of	104901
the applicant;	104902

(5) Any person to whom the report is provided pursuant to,	104903
and in accordance with, division (I)(1) or (2) of this section.	104904

(F) The department of mental health may adopt rules in	104905
accordance with Chapter 119. of the Revised Code to implement this	104906
section. The rules may specify circumstances under which an adult	104907
foster home may employ a person who has been convicted of or	104908
pleaded guilty to an offense listed or described in division	104909
(C)(1) of this section but meets personal character standards set	104910
by the department.	104911

(G) The owner or administrator of an adult foster home shall	104912
inform each individual, at the time of initial application for a	104913
position that involves providing direct care to an adult resident,	104914
that the individual is required to provide a set of fingerprint	104915
impressions and that a criminal records check is required to be	104916
conducted if the individual comes under final consideration for	104917
employment.	104918

(H) In a tort or other civil action for damages that is	104919
brought as the result of an injury, death, or loss to person or	104920
property caused by an individual who an adult foster home employs	104921
in a position that involves providing direct care to adult	104922
residents, all of the following shall apply:	104923

(1) If the foster home employed the individual in good faith	104924
and reasonable reliance on the report of a criminal records check	104925
requested under this section, the foster home shall not be found	104926
negligent solely because of its reliance on the report, even if	104927
the information in the report is determined later to have been	104928
incomplete or inaccurate;	104929

(2) If the foster home employed the individual in good faith	104930
on a conditional basis pursuant to division (C)(2) of this	104931
section, the foster home shall not be found negligent solely	104932
because it employed the individual prior to receiving the report	104933
of a criminal records check requested under this section;	104934

(3) If the foster home in good faith employed the individual	104935
according to the personal character standards established in rules	104936
adopted under division (F) of this section, the foster home shall	104937
not be found negligent solely because the individual prior to	104938
being employed had been convicted of or pleaded guilty to an	104939
offense listed or described in division (C)(1) of this section.	104940

(I)(1) The owner or administrator of an adult foster home is	104941
not required to request that the superintendent of the bureau of	104942
criminal identification and investigation conduct a criminal	104943
records check of an applicant if the applicant has been referred	104944
to the foster home by an employment service that supplies	104945
full-time, part-time, or temporary staff for positions involving	104946
the direct care of adult residents and both of the following	104947
apply:	104948

(a) The owner or administrator receives from the employment	104949
service or the applicant a report of the results of a criminal	104950
records check regarding the applicant that has been conducted by	104951
the superintendent within the one-year period immediately	104952
preceding the applicant's referral;	104953

(b) The report of the criminal records check demonstrates	104954
that the person has not been convicted of or pleaded guilty to an	104955
offense listed or described in division (C)(1) of this section, or	104956
the report demonstrates that the person has been convicted of or	104957
pleaded guilty to one or more of those offenses, but the adult	104958
foster home chooses to employ the individual pursuant to division	104959
(F) of this section.	104960

(2) The owner or administrator of an adult foster home is not	104961
required to request that the superintendent of the bureau of	104962
criminal identification and investigation conduct a criminal	104963
records check of an applicant and may employ the applicant	104964
conditionally as described in this division, if the applicant has	104965
been referred to the foster home by an employment service that	104966
supplies full-time, part-time, or temporary staff for positions	104967
involving the direct care of adult residents and if the owner or	104968
administrator receives from the employment service or the	104969
applicant a letter from the employment service that is on the	104970
letterhead of the employment service, dated, and signed by a	104971
supervisor or another designated official of the employment	104972
service and that states that the employment service has requested	104973
the superintendent to conduct a criminal records check regarding	104974
the applicant, that the requested criminal records check will	104975
include a determination of whether the applicant has been	104976
convicted of or pleaded guilty to any offense listed or described	104977
in division (C)(1) of this section, that, as of the date set forth	104978
on the letter, the employment service had not received the results	104979
of the criminal records check, and that, when the employment	104980
service receives the results of the criminal records check, it	104981
promptly will send a copy of the results to the adult care foster	104982
home. If an adult foster home employs an applicant conditionally	104983
in accordance with this division, the employment service, upon its	104984
receipt of the results of the criminal records check, promptly	104985
shall send a copy of the results to the adult foster home, and	104986
division (C)(2)(b) of this section applies regarding the	104987
conditional employment.	104988

~~Sec. 3722.01.~~ Sec. 5119.70. (A) As used in ~~this chapter~~sections	104989
5119.70 to 5119.88:	104990

(1) "Owner" means the person who owns the business of and who	104991
ultimately controls the operation of an adult care facility and to	104992
whom the manager, if different from the owner, is responsible.	104993

(2) "Manager" means the person responsible for the daily	104994
operation of an adult care facility. The manager and the owner of	104995
a facility may be the same person.	104996

(3) "Adult" means an individual eighteen years of age or	104997
older.	104998

(4) "Unrelated" means that an adult resident is not related	104999
to the owner or manager of an adult care facility or to the	105000
owner's or manager's spouse as a parent, grandparent, child,	105001
stepchild, grandchild, brother, sister, niece, nephew, aunt, or	105002
uncle, or as the child of an aunt or uncle.	105003

(5) "Skilled nursing care" means skilled nursing care as	105004
defined in section 3721.01 of the Revised Code.	105005

(6)(a) "Personal care services" means services including, but	105006
not limited to, the following:	105007

(i) Assistance with activities of daily living;

105008

(ii) Assistance with self-administration of medication, in	105009
accordance with rules adopted ~~by the public health council~~	105010
~~pursuant to this chapter~~under section 5119.79 of the Revised	105011
Code;	105012

(iii) Preparation of special diets, other than complex	105013
therapeutic diets, for residents pursuant to the instructions of a	105014
physician or a licensed dietitian, in accordance with rules	105015
adopted ~~by the public health council pursuant to this chapter~~	105016
under section 5119.79 of the Revised Code.	105017

(b) "Personal care services" does not include "skilled	105018
nursing care" as defined in section 3721.01 of the Revised Code. A	105019
facility need not provide more than one of the services listed in	105020
division (A)(6)(a) of this section for the facility to be	105021
considered to be providing personal care services.	105022

(7) "Adult family home" means a residence or facility that	105023
provides accommodations and supervision to three to five unrelated	105024
adults, at least three of whom require personal care services.	105025

(8) "Adult group home" means a residence or facility that	105026
provides accommodations and supervision to six to sixteen	105027
unrelated adults, at least three of whom require personal care	105028
services.	105029

(9) "Adult care facility" means an adult family home or an	105030
adult group home. For the purposes of ~~this chapter~~sections	105031
5119.70 to 5119.88 of the Revised Code, any residence, facility,	105032
institution, hotel, congregate housing project, or similar	105033
facility that provides accommodations and supervision to three to	105034
sixteen unrelated adults, at least three of whom require personal	105035
care services, is an adult care facility regardless of how the	105036
facility holds itself out to the public. "Adult care facility"	105037
does not include:	105038

(a) A facility operated by a hospice care program licensed	105039
under section 3712.04 of the Revised Code that is used exclusively	105040
for care of hospice patients;	105041

(b) A nursing home, residential care facility, or home for	105042
the aging as defined in section 3721.01 of the Revised Code;	105043

(c) An alcohol and drug addiction program as defined in	105044
section 3793.01 of the Revised Code;	105045

(d) A residential facility for the mentally ill licensed by	105046
the department of mental health under section 5119.22 of the	105047
Revised Code;	105048

(e) A facility licensed to provide methadone treatment under	105049
section 3793.11 of the Revised Code;	105050

(f) A residential facility licensed under section 5123.19 of	105051
the Revised Code or otherwise regulated by the department of	105052
developmental disabilities;	105053

(g) Any residence, institution, hotel, congregate housing	105054
project, or similar facility that provides personal care services	105055
to fewer than three residents or that provides, for any number of	105056
residents, only housing, housekeeping, laundry, meal preparation,	105057
social or recreational activities, maintenance, security,	105058
transportation, and similar services that are not personal care	105059
services or skilled nursing care;	105060

(h) Any facility that receives funding for operating costs	105061
from the department of development under any program established	105062
to provide emergency shelter housing or transitional housing for	105063
the homeless;	105064

(i) A terminal care facility for the homeless that has	105065
entered into an agreement with a hospice care program under	105066
section 3712.07 of the Revised Code;	105067

(j) A facility approved by the veterans administration under	105068
section 104(a) of the "Veterans Health Care Amendments of 1983,"	105069
97 Stat. 993, 38 U.S.C.A. 630, as amended, and used exclusively	105070
for the placement and care of veterans.	105071

(10) ~~"Residents' rights advocate" means:~~

105072

~~(a) An employee or representative of any state or local~~	105073
~~government entity that has a responsibility for residents of adult~~	105074
~~care facilities and has registered with the department of health~~	105075
~~under section 3701.07 of the Revised Code;~~	105076

~~(b) An employee or representative, other than a manager or~~	105077
~~employee of an adult care facility or nursing home, of any private~~	105078
~~nonprofit corporation or association that qualifies for tax-exempt~~	105079
~~status under section 501(a) of the "Internal Revenue Code of~~	105080
~~1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, that has~~	105081
~~registered with the department of health under section 3701.07 of~~	105082
~~the Revised Code, and whose purposes include educating and~~	105083
~~counseling residents, assisting residents in resolving problems~~	105084
~~and complaints concerning their care and treatment, and assisting~~	105085
~~them in securing adequate services.~~	105086

~~(11)~~ "Sponsor" means an adult relative, friend, or guardian	105087
of a resident of an adult care facility who has an interest in or	105088
responsibility for the resident's welfare.	105089

~~(12)~~(11) "Ombudsperson" means a "representative of the office	105090
of the state long-term care ombudsperson program" as defined in	105091
section 173.14 of the Revised Code.	105092

~~(13)~~(12) "Mental health agency" means a community mental	105093
health agency, as defined in division (H) of section ~~5119.22~~	105094
5122.01 of the Revised Code, under contract with an ADAMHS board	105095
pursuant to division (A)(8)(a) of section 340.03 of the Revised	105096
Code.	105097

~~(14)~~(13) "ADAMHS board" means a board of alcohol, drug	105098
addiction, and mental health services;	105099

~~(15)~~(14) "Mental health resident program participation	105100
agreement" means a written agreement between an adult care	105101
facility and the ADAMHS board serving the alcohol, drug addiction,	105102
and mental health service district in which the facility is	105103
located, under which the facility is authorized to admit residents	105104
who are receiving or are eligible for publicly funded mental	105105
health services.	105106

~~(16)~~(15) "~~PASSPORT~~RSS administrative agency" means an entity	105107
~~under contract with the department of aging to provide~~that	105108
provides administrative services regarding the ~~PASSPORT~~	105109
residential state supplement program ~~created under section 173.40~~	105110
~~of the Revised Code~~on behalf of the department of mental health,	105111
either by having entered into a contract with the department to	105112
serve in that capacity or by having the department otherwise	105113
delegate to it the responsibility to serve in that capacity.	105114

(B) For purposes of ~~this chapter~~sections 5119.70 to 5119.88	105115
of the Revised Code, personal care services or skilled nursing	105116
care shall be considered to be provided by a facility if they are	105117
provided by a person employed by or associated with the facility	105118
or by another person pursuant to an agreement to which neither the	105119
resident who receives the services nor the resident's sponsor is a	105120
party.	105121

(C) Nothing in division (A)(6) of this section shall be	105122
construed to permit personal care services to be imposed upon a	105123
resident who is capable of performing the activity in question	105124
without assistance.	105125

~~Sec. 3722.011.~~ Sec. 5119.701. (A) All medication taken by residents	105126
of an adult care facility shall be self-administered, except that	105127
medication may be administered to a resident as part of the	105128
skilled nursing care provided in accordance with division (B) of	105129
section ~~3722.16~~5119.86 of the Revised Code. No person shall be	105130
admitted to or retained by an adult care facility unless the	105131
person is capable of self-administering the person's medication,	105132
as determined in writing by a physician, except that a person may	105133
be admitted to or retained by such a facility if the person's	105134
medication is administered as part of the skilled nursing care	105135
provided in accordance with division (B) of section ~~3722.16~~	105136
5119.86 of the Revised Code.	105137

(B) Members of the staff of an adult care facility shall not	105138
administer medication to residents but may do any of the	105139
following:	105140

Remind a resident when to take medication and watch to ensure	105141
that the resident follows the directions on the container;	105142

Assist a resident in the self-administration of medication by	105143
taking the medication from the locked area where it is stored, in	105144
accordance with rules adopted ~~by the public health council~~	105145
~~pursuant to this chapter~~under section 5119.79 of the Revised	105146
Code, and handing it to the resident. If the resident is	105147
physically unable to open the container, a staff member may open	105148
the container for the resident.	105149

Assist a physically impaired but mentally alert resident,	105150
such as a resident with arthritis, cerebral palsy, or Parkinson's	105151
disease, in removing oral or topical medication from containers	105152
and in consuming or applying the medication, upon request by or	105153
with the consent of the resident. If a resident is physically	105154
unable to place a dose of medicine to the resident's mouth without	105155
spilling it, a staff member may place the dose in a container and	105156
place the container to the mouth of the resident.	105157

~~Sec. 3722.02.~~ Sec. 5119.71. A person seeking a license to operate	105158
an adult care facility shall submit to the director of mental	105159
health an application on a form prescribed by the director and the	105160
following:	105161

(A) In the case of an adult group home seeking licensure as	105162
an adult care facility, evidence that the home has been inspected	105163
and approved by a local certified building department or by the	105164
division of labor in the department of commerce as meeting the	105165
applicable requirements of sections 3781.06 to 3781.18 and 3791.04	105166
of the Revised Code and any rules adopted under those sections and	105167
evidence that the home has been inspected by the state fire	105168
marshal or fire prevention officer of a municipal, township, or	105169
other legally constituted fire department approved by the state	105170
fire marshal and found to be in compliance with rules adopted	105171
under section 3737.83 of the Revised Code regarding fire	105172
prevention and safety in adult group homes;	105173

(B) Valid approvals of the facility's water and sewage	105174
systems issued by the responsible governmental entity, if	105175
applicable;	105176

(C) A statement of ownership containing the following	105177
information:	105178

(1) If the owner is an individual, the owner's name, address,	105179
telephone number, business address, business telephone number, and	105180
occupation. If the owner is an association, corporation, or	105181
partnership, the business activity, address, and telephone number	105182
of the entity and the name of every person who has an ownership	105183
interest of five per cent or more in the entity.	105184

(2) If the owner does not own the building or if the owner	105185
owns only part of the building in which the facility is housed,	105186
the name of each person who has an ownership interest of five per	105187
cent or more in the building;	105188

(3) The address of any adult care facility and any facility	105189
described in divisions (A)(9)(a) to (j) of section ~~3722.01~~5119.70	105190
of the Revised Code in which the owner has an ownership interest	105191
of five per cent or more;	105192

(4) The identity of the manager of the adult care facility,	105193
if different from the owner;	105194

(5) The name and address of any adult care facility and any	105195
facility described in divisions (A)(9)(a) to (j) of section	105196
~~3722.01~~5119.70 of the Revised Code with which either the owner or	105197
manager has been affiliated through ownership or employment in the	105198
five years prior to the date of the application;	105199

(6) The names and addresses of three persons not employed by	105200
or associated in business with the owner who will provide	105201
information about the character, reputation, and competence of the	105202
owner and the manager and the financial responsibility of the	105203
owner;	105204

(7) Information about any arrest of the owner or manager for,	105205
or adjudication or conviction of, a criminal offense related to	105206
the provision of care in an adult care facility or any facility	105207
described in divisions (A)(9)(a) to (j) of section ~~3722.01~~5119.70	105208
of the Revised Code or the ability to operate a facility;	105209

(8) Any other information the director may require regarding	105210
the owner's ability to operate the facility.	105211

(D) If the facility is an adult group home, a balance sheet	105212
showing the assets and liabilities of the owner and a statement	105213
projecting revenues and expenses for the first twelve months of	105214
the facility's operation;	105215

(E) A statement containing the following information	105216
regarding admissions to the facility:	105217

(1) The intended bed capacity of the facility;

105218

(2) If the facility will admit persons referred by or	105219
receiving services from an ADAMHS board or a mental health agency,	105220
the total number of beds anticipated to be occupied as a result of	105221
those admissions.	105222

(F) A nonrefundable license application fee in an amount	105223
established in rules adopted ~~by the public health council pursuant~~	105224
~~to this chapter~~under section 5119.79 of the Revised Code.	105225

~~Sec. 3722.021.~~ Sec. 5119.711. In determining the number of	105226
residents in a facility for the purpose of licensure ~~under this~~	105227
~~chapter~~as an adult care facility, the director of mental health	105228
shall consider all the individuals for whom the facility provides	105229
accommodations as one group unless either of the following is the	105230
case:	105231

(A) In addition to being an adult care facility, the facility	105232
is a nursing home licensed under Chapter 3721. of the Revised	105233
Code, a residential facility licensed under that chapter, or both.	105234
In that case, all the individuals in the part or unit licensed as	105235
a nursing home, residential care facility, or both, shall be	105236
considered as one group and all the individuals in the part or	105237
unit licensed as an adult care facility shall be considered as	105238
another group.	105239

(B) The facility maintains, in addition to an adult care	105240
facility, a separate and discrete part or unit that provides	105241
accommodations to individuals who do not receive supervision or	105242
personal care services from the adult care facility, in which case	105243
the individuals in the separate and discrete part or unit shall	105244
not be considered in determining the number of residents in the	105245
adult care facility if the separate and discrete part or unit is	105246
in compliance with the Ohio basic building code established by the	105247
board of building standards under Chapters 3781. and 3791. of the	105248
Revised Code and the adult care facility, to the extent of its	105249
authority, permits the director, on request, to inspect the	105250
separate and discrete part or unit and speak with the individuals	105251
residing there, if they consent, to determine whether the separate	105252
and discrete part or unit meets the requirements of this division.	105253

~~Sec. 3722.022.~~ Sec. 5119.712. A person may not apply for a license	105254
to operate an adult care facility if the person is or has been the	105255
owner or manager of an adult care facility for which a license to	105256
operate was revoked or for which renewal of a license was refused	105257
for any reason other than nonpayment of the license renewal fee,	105258
unless both of the following conditions are met:	105259

(A) A period of not less than two years has elapsed since the	105260
date the director of mental health issued the order revoking or	105261
refusing to renew the facility's license.	105262

(B) The director's revocation or refusal to renew the license	105263
was not based on an act or omission at the facility that violated	105264
a resident's right to be free from abuse, neglect, or	105265
exploitation.	105266

~~Sec. 3722.03.~~ Sec. 5119.72. (A) Any person may operate an adult	105267
family home licensed as an adult care facility as a permitted use	105268
in any residential district or zone, including any single-family	105269
residential district or zone of any political subdivision. Such	105270
adult family homes may be required to comply with area, height,	105271
yard, and architectural compatibility requirements that are	105272
uniformly imposed upon all single-family residences within the	105273
district or zone.	105274

(B) Any person may operate an adult group home licensed as an	105275
adult care facility as a permitted use in any multiple-family	105276
residential district or zone of any political subdivision, except	105277
that a political subdivision that has enacted a zoning ordinance	105278
or resolution establishing planned-unit development districts as	105279
defined in section 519.021 of the Revised Code may exclude adult	105280
group homes from such districts, and a political subdivision that	105281
has enacted a zoning ordinance or resolution may regulate adult	105282
group homes in multiple-family residential districts or zones as a	105283
conditionally permitted use or special exception, in either case,	105284
under reasonable and specific standards and conditions set out in	105285
the zoning ordinance or resolution to:	105286

(1) Require the architectural design and site layout of the	105287
home and the location, nature, and height of any walls, screens,	105288
and fences to be compatible with adjoining land uses and the	105289
residential character of the neighborhood;	105290

(2) Require compliance with yard, parking, and sign	105291
regulation.	105292

(C) This section does not affect any right of a political	105293
subdivision to permit a person to operate an adult group home	105294
licensed under this chapter in a single-family residential	105295
district or zone under conditions established by the political	105296
subdivision.	105297

(D)(1) Notwithstanding divisions (A) and (B) of this section	105298
and except as otherwise provided in division (D)(2) of this	105299
section, a political subdivision that has enacted a zoning	105300
ordinance or resolution may limit the excessive concentration of	105301
adult family homes and adult group homes required to be licensed	105302
as adult care facilities.	105303

(2) Nothing in division (D)(1) of this section authorizes a	105304
political subdivision to prevent or limit the continued existence	105305
and operation of adult family homes and adult group homes existing	105306
and operating on the effective date of this section and required	105307
to be licensed as adult care facilities. A political subdivision	105308
may consider the existence of such homes for the purpose of	105309
limiting the excessive concentration of adult family homes or	105310
adult group homes required to be licensed as adult care facilities	105311
that are not existing and operating on the effective date of this	105312
section.	105313

~~Sec. 3722.04.~~ Sec. 5119.73. (A) The director of mental health	105314
shall inspect, license, and regulate adult care facilities. Except	105315
as otherwise provided in division (D) of this section, the	105316
director shall issue a license to an adult care facility that	105317
meets the requirements of section ~~3722.02~~5119.71 of the Revised	105318
Code and that the director determines to be in substantial	105319
compliance with the rules adopted ~~by the public health council~~	105320
pursuant to ~~this chapter~~sections 5119.70 to 5119.88 of the	105321
Revised Code. The director shall consider the past record of the	105322
owner and manager and any individuals who are principal	105323
participants in an entity that is the owner or manager in	105324
operating facilities providing care to adults. The director may,	105325
in accordance with Chapter 119. of the Revised Code, deny a	105326
license if the past record indicates that the owner or manager is	105327
not suitable to own or manage an adult care facility.	105328

The license shall contain the name and address of the	105329
facility for which it was issued, the date of expiration of the	105330
license, and the maximum number of residents that may be	105331
accommodated by the facility. A license for an adult care facility	105332
shall be valid for a period of two years after the date of	105333
issuance. No single facility may be licensed to operate as more	105334
than one adult care facility.	105335

(B) The director shall renew a license for a two-year period	105336
if the facility continues to be in compliance with the	105337
requirements of this chapter and in substantial compliance with	105338
the rules adopted ~~under this chapter~~pursuant to sections 5119.70	105339
to 5119.88 of the Revised Code. The owner shall submit a	105340
nonrefundable license renewal application fee in an amount	105341
established in rules adopted ~~by the public health council pursuant~~	105342
~~to this chapter~~under section 5119.79 of the Revised Code. Before	105343
the license of an adult group home is renewed, if any alterations	105344
have been made to the buildings, a certificate of occupancy for	105345
the facility shall have been issued by the division of labor in	105346
the department of commerce or a local certified building	105347
department. The facility shall have water and sewage system	105348
approvals, if required by law, and, in the case of an adult group	105349
home, documentation of continued compliance with the rules adopted	105350
by the state fire marshal under division (F) of section 3737.83 of	105351
the Revised Code.	105352

(C)(1) During each licensure period, the director shall make	105353
at least one unannounced inspection of an adult care facility in	105354
addition to inspecting the facility to determine whether a license	105355
should be issued or renewed, and may make additional unannounced	105356
inspections as the director considers necessary. Other inspections	105357
may be made at any time that the director considers appropriate.	105358
Inspections may be conducted as desk audits or on-site	105359
inspections.	105360

The director shall take all reasonable actions to avoid	105361
giving notice of an inspection by the manner in which the	105362
inspection is scheduled or performed.	105363

If an inspection is conducted to investigate an alleged	105364
violation of the requirements of ~~this chapter~~sections 5119.70 to	105365
5119.88 of the Revised Code in a facility with residents referred	105366
by or receiving services from a mental health agency or ADAMHS	105367
board or a facility with residents receiving assistance under the	105368
residential state supplement program administered by the	105369
department of ~~aging~~mental health pursuant to section ~~173.35~~	105370
5119.69 of the Revised Code, the director ~~shall~~may coordinate the	105371
inspection with the appropriate mental health agency, ADAMHS	105372
board, or ~~PASSPORT~~residential state supplement administrative	105373
agency designated under section 5119.69 of the Revised Code. As	105374
~~the director considers appropriate, the~~The director ~~shall~~may	105375
conduct the inspection jointly with the mental health agency,	105376
ADAMHS board, or ~~PASSPORT~~residential state supplement	105377
administrative agency.	105378

Not later than sixty days after the date of an inspection of	105379
a facility, the director shall send a report of the inspection to	105380
the regional long-term care ombudsperson ~~in whose region~~	105381
representing the program in the area in which the facility is	105382
located.	105383

(2) The state fire marshal or fire prevention officer of a	105384
municipal, township, or other legally constituted fire department	105385
approved by the state fire marshal shall inspect an adult group	105386
home seeking a license or renewal ~~under this chapter~~ as an adult	105387
care facility prior to issuance of a license or renewal, at least	105388
once annually thereafter, and at any other time at the request of	105389
the director, to determine compliance with the rules adopted under	105390
division (F) of section 3737.83 of the Revised Code.	105391

(D) The director may waive any of the licensing requirements	105392
established by rule ~~adopted by the public health council~~ pursuant	105393
to ~~this chapter~~sections 5119.70 to 5119.88 of the Revised Code	105394
upon written request of the facility. The director may grant a	105395
waiver if the director determines that the strict application of	105396
the licensing requirement would cause undue hardship to the	105397
facility and that granting the waiver would not jeopardize the	105398
health or safety of any resident. The director may provide a	105399
facility with an informal hearing concerning the denial of a	105400
waiver request, but the facility shall not be entitled to a	105401
hearing under Chapter 119. of the Revised Code unless the director	105402
takes an action that requires a hearing to be held under section	105403
~~3722.05~~5119.74 of the Revised Code.	105404

(E)(1) Not later than thirty days after each of the	105405
following, the owner of an adult care facility shall submit an	105406
inspection fee of twenty dollars for each bed for which the	105407
facility is licensed:	105408

(a) Issuance or renewal of a license;

105409

(b) The unannounced inspection required by division (C)(1) of	105410
this section that is in addition to the inspection conducted to	105411
determine whether a license should be issued or renewed;	105412

(c) If, during an inspection conducted in addition to the two	105413
inspections required by division (C)(1) of this section, the	105414
facility was found to be in violation of ~~this chapter~~sections	105415
5119.70 to 5119.88 of the Revised Code or the rules adopted under	105416
itthose sections, receipt by the facility of the report of that	105417
investigation.	105418

(2) The director may revoke the license of any adult care	105419
facility that fails to submit the fee within the thirty-day	105420
period.	105421

(3) All inspection fees received by the director, all civil	105422
penalties assessed under section ~~3722.08~~5119.77 of the Revised	105423
Code, all fines imposed under section ~~3722.99~~5119.99 of the	105424
Revised Code, and all license application and renewal application	105425
fees received under division (F) of section ~~3722.02~~5119.71 of the	105426
Revised Code or under division (B) of this section ~~shall be~~	105427
~~deposited into the general operations fund created in section~~	105428
~~3701.83 of the Revised Code and~~ shall be used only to pay the	105429
costs of administering and enforcing the requirements of ~~this~~	105430
~~chapter~~sections 5119.70 to 5119.88 of the Revised Code and rules	105431
adopted under itthose sections.	105432

(F)(1) An owner shall inform the director in writing of any	105433
changes in the information contained in the statement of ownership	105434
made pursuant to division (C) of section ~~3722.02~~5119.71 of the	105435
Revised Code or in the identity of the manager, not later than ten	105436
days after the change occurs.	105437

(2) An owner who sells or transfers an adult care facility	105438
shall be responsible and liable for the following:	105439

(a) Any civil penalties imposed against the facility under	105440
section ~~3722.08~~5119.77 of the Revised Code for violations that	105441
occur before the date of transfer of ownership or during any	105442
period in which the seller or the seller's agent operates the	105443
facility;	105444

(b) Any outstanding liability to the state, unless the buyer	105445
or transferee has agreed, as a condition of the sale or transfer,	105446
to accept the outstanding liabilities and to guarantee their	105447
payment, except that if the buyer or transferee fails to meet	105448
these obligations the seller or transferor shall remain	105449
responsible for the outstanding liability.	105450

(G) The director shall annually publish a list of licensed	105451
adult care facilities, facilities for which licenses have been	105452
revoked, facilities for which license renewal has been refused,	105453
any facilities under an order suspending admissions pursuant to	105454
section ~~3722.07~~5119.76 of the Revised Code, and any facilities	105455
that have been assessed a civil penalty pursuant to section	105456
~~3722.08~~5119.77 of the Revised Code. The director shall furnish	105457
information concerning the status of licensure of any facility to	105458
any person upon request. The director shall annually send a copy	105459
of the list to the department of job and family services~~, to the~~	105460
~~department of mental health,~~ and to the department of aging.	105461

~~Sec. 3722.041.~~ Sec. 5119.731. (A) Sections 3781.06 to 3781.18 and	105462
3791.04 of the Revised Code do not apply to an adult family home	105463
for which application is made to the director of mental health for	105464
licensure as an adult care facility ~~under this chapter~~. Adult	105465
family homes shall not be required to submit evidence to the	105466
director ~~of health~~ that the home has been inspected by a local	105467
certified building department or the division of labor in the	105468
department of commerce or by the state fire marshal or a fire	105469
prevention officer under section ~~3722.02~~5119.71 of the Revised	105470
Code, but shall be inspected by the director ~~of health~~ to	105471
determine compliance with this section. An inspection made under	105472
this section may be made at the same time as an inspection made	105473
under section ~~3722.04~~5119.73 of the Revised Code.	105474

(B) The director shall not license or renew the license of an	105475
adult family home unless it meets the fire protection standards	105476
established by rules adopted ~~by the public health council pursuant~~	105477
~~to this chapter~~under section 5119.79 of the Revised Code.	105478

~~Sec. 3722.05.~~ Sec. 5119.74. If an adult care facility fails to	105479
comply with any requirement of ~~this chapter~~sections 5119.70 to	105480
5119.88 of the Revised Code or with any rule adopted ~~pursuant to~~	105481
~~this chapter~~under those sections, the director of mental health	105482
may do any one or all of the following:	105483

(A) In accordance with Chapter 119. of the Revised Code,	105484
deny, revoke, or refuse to renew the license of the facility;	105485

(B) Give the facility an opportunity to correct the	105486
violation, in accordance with section ~~3722.06~~5119.75 of the	105487
Revised Code;	105488

(C) Issue an order suspending the admission of residents to	105489
the facility, in accordance with section ~~3722.07~~5119.76 of the	105490
Revised Code;	105491

(D) Impose a civil penalty in accordance with section ~~3722.08~~	105492
5119.77 of the Revised Code;	105493

(E) Petition the court of common pleas for injunctive relief	105494
in accordance with section ~~3722.09~~5119.78 of the Revised Code.	105495

~~Sec. 3722.06.~~ Sec. 5119.75. Except as otherwise provided in	105496
sections ~~3722.07~~5119.76 to ~~3722.09~~5119.78 of the Revised Code	105497
and except in cases of violations that jeopardize the health and	105498
safety of any of the residents, if the director of mental health	105499
determines that a licensed adult care facility is in violation of	105500
~~this chapter~~sections 5119.70 to 5119.88 of the Revised Code or of	105501
rules adopted ~~pursuant to this chapter~~under those sections, the	105502
director shall give the facility an opportunity to correct the	105503
violation. The director shall notify the facility of the violation	105504
and specify a reasonable time for making the corrections. Notice	105505
of the violation shall be in writing and shall include a citation	105506
to the statute or rule violated. The director shall state the	105507
action that the director will take if the corrections are not made	105508
within the specified period of time.	105509

The facility shall submit to the director a plan of	105510
correction stating the actions that will be taken to correct the	105511
violation. The director shall conduct an inspection to determine	105512
whether the facility has corrected the violation in accordance	105513
with the plan of correction.	105514

If the director determines that the facility has failed to	105515
correct the violation in accordance with the plan of correction,	105516
the director may impose a penalty under section ~~3722.08~~5119.77 of	105517
the Revised Code. If the director determines that the license of	105518
the facility should be revoked or should not be renewed because	105519
the facility has failed to correct the violation within the time	105520
specified or because the violation jeopardizes the health or	105521
safety of any of the residents, the director shall revoke or	105522
refuse to renew the license in accordance with Chapter 119. of the	105523
Revised Code.	105524

~~Sec. 3722.07.~~ Sec. 5119.76. (A) If the director of mental health	105525
determines that an adult care facility is in violation of ~~this~~	105526
~~chapter~~sections 5119.70 to 5119.88 of the Revised Code or of	105527
rules adopted ~~pursuant to it~~under those sections, the director	105528
may immediately issue an order suspending the admission of	105529
residents to the facility. This order shall be effective	105530
immediately without prior hearing, and no resident shall be	105531
admitted to the facility until termination of the order. The	105532
director shall send a copy of the order to each organization known	105533
by the director to have placed residents in the facility and upon	105534
termination of the order shall send written notice of the	105535
termination to each of these organizations. Upon inquiry by any	105536
person about the licensure status of the facility, the director	105537
shall disclose the existence of an order of suspension. If the	105538
director discloses the existence of such an order to any person	105539
pursuant to this division, hethe director shall also notify that	105540
person, and any other person upon inquiry, of any subsequent	105541
termination of the order of suspension. The facility shall post	105542
the notice provided for in division (B) of this section	105543
prominently and shall inform any person who inquires about	105544
residence or placement in the facility of the order.	105545

(B) The director shall give written notice of the order of	105546
suspension to the facility by certified mail, return receipt	105547
requested, or shall provide for delivery of the notice in person.	105548
If requested by the facility in a letter mailed or delivered not	105549
later than two working days after it has received the notice, the	105550
director shall hold a conference with representatives of the	105551
facility concerning the suspension. The conference shall be held	105552
not later than seven days after the director receives the request.	105553

The notice sent by the director shall contain all of the	105554
following:	105555

(1) A description of the violation;

105556

(2) A citation to the statute or rule violated;

105557

(3) A description of the corrections required for termination	105558
of the order of suspension;	105559

(4) Procedures for the facility to follow to request a	105560
conference on the order of suspension.	105561

(C) At the conference the director shall discuss with the	105562
representatives of the facility the violation cited in the notice	105563
provided for in division (B) of this section and shall advise the	105564
representatives in regard to correcting the violations. Not later	105565
than five days after the conference, the director shall issue	105566
another order either upholding or terminating the suspension. If	105567
the director issues an order upholding the suspension, the	105568
facility may request an adjudication hearing pursuant to Chapter	105569
119. of the Revised Code, but the notice and hearing under that	105570
chapter shall be provided after the order is issued, and the	105571
suspension shall remain in effect during the hearing process	105572
unless terminated by the director or until ninety days have	105573
elapsed after a timely request for an adjudication hearing is	105574
received by the director, whichever is sooner.	105575

~~Sec. 3722.08.~~ Sec. 5119.77. (A) If the director of mental health	105576
determines that an adult care facility is in violation of ~~this~~	105577
~~chapter~~sections 5119.70 to 5119.88 of the Revised Code or rules	105578
adopted under itthose sections, the director may impose a civil	105579
penalty on the owner of the facility, pursuant to rules adopted by	105580
~~the public health council~~ under ~~this chapter~~sections 5119.79 and	105581
5119.80 of the Revised Code. The director shall determine the	105582
classification and amount of the penalty by considering the	105583
following factors:	105584

(1) The gravity of the violation, the severity of the actual	105585
or potential harm, and the extent to which the provisions of this	105586
chapter or rules adopted under it were violated;	105587

(2) Actions taken by the owner or manager to correct the	105588
violation;	105589

(3) The number, if any, of previous violations by the adult	105590
care facility.	105591

(B) The director shall give written notice of the order	105592
imposing a civil penalty to the adult care facility by certified	105593
mail, return receipt requested, or shall provide for delivery of	105594
the notice in person. The notice shall specify the classification	105595
of the violation as determined by rules adopted ~~by the public~~	105596
~~health council pursuant to this chapter~~under section 5119.80 of	105597
the Revised Code, the amount of the penalty and the rate of	105598
interest, the action that is required to be taken to correct the	105599
violation, the time within which it is to be corrected as	105600
specified in division (C) of this section, and the procedures for	105601
the facility to follow to request a conference on the order	105602
imposing a civil penalty. If the facility requests a conference in	105603
a letter mailed or delivered not later than two working days after	105604
it has received the notice, the director shall hold a conference	105605
with representatives of the facility concerning the civil penalty.	105606
The conference shall be held not later than seven days after the	105607
director receives the request. The conference shall be conducted	105608
as prescribed in division (C) of section ~~3722.07~~5119.76 of the	105609
Revised Code. If the director issues an order upholding the civil	105610
penalty, the facility may request an adjudication hearing pursuant	105611
to Chapter 119. of the Revised Code, but the order of the director	105612
shall be in effect during proceedings instituted pursuant to that	105613
chapter until a final adjudication is made.	105614

(C) The director shall order that the condition or practice	105615
constituting a class I violation be abated or eliminated within	105616
twenty-four hours or any longer period that the director considers	105617
reasonable. The notice for a class II or a class III violation	105618
shall specify a time within which the violation is required to be	105619
corrected.	105620

(D) If the facility does not request a conference or if,	105621
after a conference, it fails to take action to correct a violation	105622
in the time prescribed by the director, the director shall issue	105623
an order upholding the penalty, plus interest at the rate	105624
specified in section 1343.03 of the Revised Code for each day	105625
beyond the date set for payment of the penalty. The director may	105626
waive the interest payment for the period prior to the conference	105627
if the director concludes that the conference was necessitated by	105628
a legitimate dispute.	105629

(E) The director may cancel or reduce the penalty for a class	105630
I violation if the facility corrects the violation within the time	105631
specified in the notice, except that the director shall impose the	105632
penalty even though the facility has corrected the violation if a	105633
resident suffers physical harm because of the violation or the	105634
facility has been cited previously for the same violation. The	105635
director may cancel the penalty for a class II or class III	105636
violation if the facility corrects the violation within the time	105637
specified in the notice and the facility has not been cited	105638
previously for the same violation. Each day of a violation of any	105639
class, after the date the director sets for abatement or	105640
elimination, constitutes a separate and additional violation.	105641

(F) If an adult care facility fails to pay a penalty imposed	105642
under this section, the director may commence a civil action to	105643
collect the penalty. The license of an adult care facility that	105644
has failed to pay a penalty imposed under this section shall not	105645
be renewed until the penalty has been paid.	105646

(G) If a penalty is imposed under this section, a fine shall	105647
not be imposed under section ~~3722.99~~5119.99 of the Revised Code	105648
for the same violation.	105649

~~Sec. 3722.09.~~ Sec. 5119.78. (A) If the director of mental health	105650
determines that the operation of an adult care facility	105651
jeopardizes the health or safety of any of the residents of the	105652
facility or if the director determines that an adult care facility	105653
is operating without a license, the director may petition the	105654
court of common pleas in the county in which the facility is	105655
located for appropriate injunctive relief against the facility. If	105656
injunctive relief is granted against a facility for operating	105657
without a license and the facility continues to operate without a	105658
license, the director shall refer the case to the attorney general	105659
for further action.	105660

(B) The court petitioned under division (A) of this section	105661
shall grant injunctive relief upon a showing that the operation of	105662
the facility jeopardizes the health or safety of any of the	105663
residents of the facility or that the facility is operating	105664
without a license. When the court grants injunctive relief in the	105665
case of a facility operating without a license, the court shall	105666
issue, at a minimum, an order enjoining the facility from	105667
admitting new residents to the facility and an order requiring the	105668
facility to assist ~~resident rights advocates~~ with the safe and	105669
orderly relocation of the facility's residents.	105670

~~Sec. 3722.10.~~ Sec. 5119.79. (A) The ~~public health council shall~~	105671
~~have the exclusive authority to adopt, and the council~~department	105672
of mental health shall adopt, rules governing the licensing and	105673
operation of adult care facilities. The rules shall be adopted in	105674
accordance with Chapter 119. of the Revised Code ~~and shall~~.	105675
Subject to any provision of sections 5119.70 to 5119.88 of the	105676
Revised Code for which rules are required to be adopted, the rules	105677
may specify ~~all~~any of the following:	105678

(1) Procedures for the issuance, renewal, and revocation of	105679
licenses, for the granting and denial of waivers, and for the	105680
issuance and termination of orders of suspension of admission	105681
pursuant to section ~~3722.07~~5119.76 of the Revised Code;	105682

(2) The qualifications required for owners, managers, and	105683
employees of adult care facilities, including character, training,	105684
education, experience, and financial resources and the number of	105685
staff members required in a facility;	105686

(3) Adequate space, equipment, safety, and sanitation	105687
standards for the premises of adult care facilities, and fire	105688
protection standards for adult family homes as required by section	105689
~~3722.041~~5119.731 of the Revised Code;	105690

(4) The personal, social, dietary, and recreational services	105691
to be provided to each resident of adult care facilities;	105692

(5) Rights of residents of adult care facilities, in addition	105693
to the rights enumerated under section ~~3722.12~~5119.81 of the	105694
Revised Code, and procedures to protect and enforce the rights of	105695
these residents;	105696

(6) Provisions for keeping records of residents and for	105697
maintaining the confidentiality of the records as required by	105698
division (B) of section ~~3722.12~~5119.81 of the Revised Code. The	105699
provisions for maintaining the confidentiality of records shall,	105700
at the minimum, meet the requirements for maintaining the	105701
confidentiality of records under Title XIX of the "Social Security	105702
Act," 49 Stat. 620, 42 U.S.C. 301, as amended, and regulations	105703
promulgated thereunder.	105704

(7) Measures to be taken by adult care facilities relative to	105705
residents' medication, including policies and procedures	105706
concerning medication, storage of medication in a locked area, and	105707
disposal of medication and assistance with self-administration of	105708
medication, if the facility provides assistance;	105709

(8) Requirements for initial and periodic health assessments	105710
of prospective and current adult care facility residents by	105711
physicians or other health professionals to ensure that they do	105712
not require a level of care beyond that which is provided by the	105713
adult care facility, including assessment of their capacity to	105714
self-administer the medications prescribed for them;	105715

(9) Requirements relating to preparation of special diets;

105716

(10) The amount of the fees for new and renewal license	105717
applications made pursuant to sections ~~3722.02~~5119.71 and ~~3722.04~~	105718
5119.73 of the Revised Code;	105719

(11) Measures to be taken by any employee of the state or any	105720
political subdivision of the state authorized by this chapter to	105721
enter an adult care facility to inspect the facility or for any	105722
other purpose, to ensure that the employee respects the privacy	105723
and dignity of residents of the facility, cooperates with	105724
residents of the facility and behaves in a congenial manner toward	105725
them, and protects the rights of residents;	105726

(12) How an owner or manager of an adult care facility is to	105727
comply with section ~~3722.18~~5119.88 of the Revised Code. ~~At a~~	105728
~~minimum, the~~The rules ~~shall~~may establish the procedures an owner	105729
or manager is to follow under division (A) of section ~~3722.18~~	105730
5119.88 of the Revised Code regarding referrals to the facility of	105731
prospective residents with mental illness or severe mental	105732
disability and effective arrangements for ongoing mental health	105733
services for such prospective residents. The procedures may	105734
provide for any of the following:	105735

(a) That the owner or manager and the ADAMHS board serving	105736
the alcohol, drug addiction, and mental health service district in	105737
which the facility is located sign a mental health resident	105738
program participation agreement, as developed by the director of	105739
mental health under section ~~5119.613~~5119.614 of the Revised Code;	105740

(b) That the owner or manager comply with the requirements of	105741
its mental health resident program participation agreement;	105742

(c) That the owner or manager and the mental health agencies	105743
and ADAMHS boards that refer such prospective residents to the	105744
facility develop and sign a mental health plan for ongoing mental	105745
health services for each such prospective resident;	105746

(d) Any other process established by the ~~public health~~	105747
~~council in consultation with the director of health and~~ director	105748
of mental health regarding referrals and effective arrangements	105749
for ongoing mental health services for prospective residents with	105750
mental illness.	105751

(13) Any other rules necessary for the administration and	105752
enforcement of ~~this chapter~~sections 5119.70 to 5119.88 of the	105753
Revised Code.	105754

(B) ~~After consulting with relevant constituencies, the~~	105755
~~director of mental health shall prepare and submit to the director~~	105756
~~of health recommendations for the content of rules to be adopted~~	105757
~~under division (A)(12) of this section.~~	105758

~~(C)~~ The director of mental health shall advise adult care	105759
facilities regarding compliance with the requirements of ~~this~~	105760
~~chapter~~sections 5119.70 to 5119.88 of the Revised Code and with	105761
the rules adopted pursuant to ~~this chapter~~those sections.	105762

~~(D)~~(C) Any duty or responsibility imposed upon the director	105763
of mental health by this chapter may be carried out by ~~an employee~~	105764
~~of the department of health~~persons designated by the director.	105765

~~(E)~~(D) Employees of the department of mental health may	105766
enter, for the purposes of investigation, any institution,	105767
residence, facility, or other structure which has been reported to	105768
the department as, or that the department has reasonable cause to	105769
believe is, operating as an adult care facility without a valid	105770
license.	105771

~~Sec. 3722.11.~~ Sec. 5119.80. The ~~public health council~~department	105772
of mental health shall~~, not later than twelve months after the~~	105773
~~effective date of this section,~~ adopt rules under Chapter 119. of	105774
the Revised Code that set guidelines for classifying violations of	105775
~~this chapter~~sections 5119.70 to 5119.88 of the Revised Code or	105776
rules adopted under itthose sections for the purpose of imposing	105777
civil penalties. The rules shall establish the following	105778
classifications:	105779

(A) Class I violations are conditions or occurrences that	105780
present an immediate and serious threat to the physical or	105781
emotional health, safety, or security of residents of an adult	105782
care facility. Whoever is determined to have committed a class I	105783
violation is subject to a civil penalty of not less than seven	105784
hundred dollars nor more than one thousand dollars for each	105785
violation.	105786

(B) Class II violations are conditions or occurrences, other	105787
than class I violations, that directly threaten the physical or	105788
emotional health, safety, or security of residents of an adult	105789
care facility. Whoever is determined to have committed a class II	105790
violation is subject to a civil penalty of not less than five	105791
hundred dollars nor more than seven hundred dollars for each	105792
violation.	105793

(C) Class III violations are conditions or occurrences, other	105794
than class I or class II violations, that indirectly or	105795
potentially threaten the physical or emotional health, safety, or	105796
security of residents of a facility. Whoever is determined to have	105797
committed a class III violation is subject to a civil penalty of	105798
not less than one hundred dollars nor more than five hundred	105799
dollars for each violation.	105800

~~Sec. 3722.12.~~ Sec. 5119.81. (A) As used in this section:

105801

(1) "Abuse" means the unreasonable confinement or	105802
intimidation of a resident, or the infliction of injury or cruel	105803
punishment upon a resident, resulting in physical harm, pain, or	105804
mental anguish.	105805

(2) "Exploitation" means the unlawful or improper utilization	105806
of an adult resident or ~~his~~the resident's resources for personal	105807
or monetary benefit, profit, or gain.	105808

(3) "Mechanical restraint" means any method of restricting a	105809
resident's freedom of movement, physical activity, or normal use	105810
of the resident's body, using an appliance or device manufactured	105811
for this purpose.	105812

(4) "Neglect" means failure to provide a resident with the	105813
goods or services necessary to prevent physical harm, mental	105814
anguish, or mental illness.	105815

~~(4)~~(5) "Physical restraint," ~~includes, but is not limited to,~~	105816
~~the locked door of a room or any article, device, or garment that~~	105817
~~interferes with the free movement of the resident and that he is~~	105818
~~unable to remove easily~~ also known as "manual restraint," means	105819
any method of physically restricting a resident's freedom of	105820
movement, physical activity, or normal use of the resident's body	105821
without the use of a mechanical restraint.	105822

(6) "Seclusion" means the involuntary confinement of a	105823
resident alone in a room in which the resident is physically	105824
prevented from leaving.	105825

(B) The rights of a resident of an adult care facility	105826
include all of the following:	105827

(1) The right to a safe, healthy, clean, and decent living	105828
environment;	105829

(2) The right to be treated at all times with courtesy and	105830
respect, and with full recognition of personal dignity and	105831
individuality;	105832

(3) The right to practice a religion of ~~his~~the resident's	105833
choice or to abstain from the practice of religion;	105834

(4) The right to manage personal financial affairs;

105835

(5) The right to retain and use personal clothing;

105836

(6) The right to ownership and reasonable use of personal	105837
property so as to maintain personal dignity and individuality;	105838

(7) The right to participate in activities within the	105839
facility and to use the common areas of the facility;	105840

(8) The right to engage in or refrain from engaging in	105841
activities of ~~his~~the resident's own choosing within reason;	105842

(9) The right to private and unrestricted communications,	105843
including:	105844

(a) The right to receive, send, and mail sealed, unopened	105845
correspondence;	105846

(b) The right to reasonable access to a telephone for private	105847
communications;	105848

105849

(10) The right to initiate and maintain contact with the	105850
community, including the right to participate in the activities of	105851
community groups at ~~his~~the resident's initiative or at the	105852
initiative of community groups;	105853

(11) The right to state grievances to the owner or the	105854
manager of the facility, to any governmental agency, or to any	105855
other person without reprisal;	105856

(12) Prior to becoming a resident, the right to visit the	105857
facility alone or with ~~his~~the prospective resident's sponsor;	105858

(13) The right to retain the services of any health or social	105859
services practitioner at ~~his~~the resident's own expense;	105860

(14) The right to refuse medical treatment or services, or if	105861
the resident has been adjudicated incompetent pursuant to Chapter	105862
2111. of the Revised Code and has not been restored to legal	105863
capacity, the right to have ~~his~~the resident's legal guardian make	105864
decisions about medical treatment and services for ~~him~~the	105865
resident;	105866

(15) The right to be free from abuse, neglect, or	105867
exploitation;	105868

(16) The right to be free from seclusion and mechanical and	105869
physical restraints;	105870

(17) The right not to be deprived of any legal rights solely	105871
by reason of residence in an adult care facility;	105872

(18) The right to examine records maintained by the adult	105873
care facility concerning ~~him~~the resident, upon request;	105874

(19) The right to confidential treatment of ~~his~~the	105875
resident's personal records, and the right to approve or refuse	105876
the release of these records to any individual outside the	105877
facility, except upon transfer to another adult care facility or a	105878
nursing home, residential care facility, home for the aging,	105879
hospital, or other health care facility or provider, and except as	105880
required by law or rule or as required by a third-party payment	105881
contract;	105882

(20) The right to be informed in writing of the rates charged	105883
by the facility as well as any additional charges, and to receive	105884
thirty days notice in writing of any change in the rates and	105885
charges;	105886

(21) The right to have any significant change in ~~his~~the	105887
resident's health reported to ~~his~~the resident's sponsor;	105888

(22) The right to share a room with a spouse if both are	105889
residents of the facility.	105890

(C) A sponsor,or the director of mental health~~, the director~~	105891
~~of aging, or a residents' rights advocate registered under section~~	105892
~~3701.07 of the Revised Code~~ may assert on behalf of a resident any	105893
of the rights enumerated under this section, section ~~3722.14~~	105894
5119.83 of the Revised Code, or rules adopted ~~by the public health~~	105895
~~council~~ pursuant to ~~this chapter~~sections 5119.70 to 5119.88 of	105896
the Revised Code. Any attempted waiver of these rights is void. No	105897
adult care facility or person associated with an adult care	105898
facility shall deny a resident any of these rights.	105899

(D) Any resident whose rights under this section or section	105900
~~3722.13~~5119.82 or ~~3722.14~~5119.83 of the Revised Code are	105901
violated has a cause of action against any person or facility	105902
committing the violation. ~~The action may be commenced by the~~	105903
~~resident or by his sponsor on his behalf.~~ The court may award	105904
actual and punitive damages for violation of the rights. The court	105905
may award to the prevailing party reasonable attorney's fees	105906
limited to the work reasonably performed.	105907

~~Sec. 3722.13.~~ Sec. 5119.82. (A) Each adult care facility shall	105908
establish a written residents' rights policy containing the text	105909
of sections ~~3722.12~~5119.81 and ~~3722.14~~5119.83 of the Revised	105910
Code and rules adopted by the ~~public health council~~ pursuant to	105911
~~this chapter~~sections 5119.70 to 5119.88 of the Revised Code, a	105912
discussion of the rights and responsibilities of residents under	105913
~~that section~~sections 5119.81 to 5119.83 of the Revised Code, and	105914
the text of any additional rule for residents promulgated by the	105915
facility. At the time of admission the manager shall give a copy	105916
of the residents' rights policy to the resident and the resident's	105917
sponsor, if any, and explain the contents of the policy to them.	105918
The facility shall establish procedures for facilitating the	105919
residents' exercise of their rights.	105920

(B) Each adult care facility shall post prominently within	105921
the facility a copy of the residents' rights listed in division	105922
(B) of section ~~3722.12~~5119.81 of the Revised Code and any	105923
additional residents' rights established by rules adopted ~~by the~~	105924
~~public health council~~ pursuant to ~~this chapter~~sections 5119.70 to	105925
5119.88 of the Revised Code, the addresses and telephone numbers	105926
of the state long-term care ombudsperson and the regional	105927
long-term care ombudsperson program for the area in which the	105928
facility is located, and the telephone number maintained by the	105929
department ~~of health~~ for accepting complaints.	105930

~~Sec. 3722.14.~~ Sec. 5119.83. (A)(1) Except as provided in division	105931
(A)(2) of this section, an adult care facility may transfer or	105932
discharge a resident, in the absence of a request from the	105933
resident, only for the following reasons:	105934

(a) Charges for the resident's accommodations and services	105935
have not been paid within thirty days after the date on which they	105936
became due;	105937

(b) The mental, emotional, or physical condition of the	105938
resident requires a level of care that the facility is unable to	105939
provide;	105940

(c) The health, safety, or welfare of the resident or of	105941
another resident requires a transfer or discharge;	105942

(d) The facility's license has been revoked or renewal has	105943
been denied ~~pursuant to this chapter~~by the director of mental	105944
health;	105945

(e) The owner closes the facility;

105946

(f) The resident is relocated as the result of a court's	105947
order issued under section ~~3722.09~~5119.78 of the Revised Code as	105948
part of the injunctive relief granted against a facility that is	105949
operating without a license;	105950

(g) The resident is receiving publicly funded mental health	105951
services and the facility's mental health resident program	105952
participation agreement is terminated by the facility or ADAMHS	105953
board.	105954

(2) An adult family home may transfer or discharge a resident	105955
if transfer or discharge is required for the health, safety, or	105956
welfare of an individual who resides in the home but is not a	105957
resident for whom supervision or personal services are provided.	105958

(B)(1) The facility shall give a resident thirty days'	105959
advance notice, in writing, of a proposed transfer or discharge,	105960
except that if the transfer or discharge is for a reason given in	105961
divisions (A)(1)(b) to (g) or (A)(2) of this section and an	105962
emergency exists, the notice need not be given thirty days in	105963
advance. The facility shall state in the written notice the	105964
reasons for the proposed transfer or discharge. If the resident is	105965
entitled to a hearing as specified in division (B)(2) of this	105966
section, the written notice shall outline the procedure for the	105967
resident to follow in requesting a hearing.	105968

(2) A resident may request a hearing if a proposed transfer	105969
or discharge is based on reason given in ~~division~~divisions	105970
(A)(1)(a) to (c) or (A)(2) of this section. If the resident seeks	105971
a hearing, the resident shall submit a request to the director of	105972
mental health not later than ten days after receiving the written	105973
notice. The director shall hold the hearing not later than ten	105974
days after receiving the request. A representative of the director	105975
shall preside over the hearing and shall issue a written	105976
recommendation of action to be taken by the director not later	105977
than three days after the hearing. The director shall issue an	105978
order regarding the transfer or discharge not later than two days	105979
after receipt of the recommendation. The order may prohibit or	105980
place conditions on the discharge or transfer. In the case of a	105981
transfer, the order may require that the transfer be to an	105982
institution or facility specified by the director. The hearing is	105983
not subject to section 121.22 of the Revised Code. The ~~public~~	105984
~~health council~~department of mental health shall adopt rules	105985
governing any additional procedures necessary for conducting the	105986
hearing.	105987

(C)(1) The owner of an adult care facility who is closing the	105988
facility shall inform the director ~~of health~~ in writing at least	105989
thirty days prior to the proposed date of closing. At the same	105990
time, the owner or manager shall inform each resident, the	105991
resident's guardian, the resident's sponsor, or any organization	105992
or agency acting on behalf of the resident, of the closing of the	105993
facility and the date of the closing.	105994

(2) Immediately upon receiving notice that a facility is to	105995
be closed, the director shall monitor the transfer of residents to	105996
other facilities and ensure that residents' rights are protected.	105997
The director shall notify the ombudsperson in the region in which	105998
the facility is located of the closing.	105999

(3) All charges shall be prorated as of the date on which the	106000
facility closes. If payments have been made in advance, the	106001
payments for services not rendered shall be refunded to the	106002
resident or the resident's guardian not later than seven days	106003
after the closing of the facility.	106004

(4) Immediately upon the closing of a facility, the owner	106005
shall surrender the license to the director, and the license shall	106006
be canceled.	106007

~~Sec. 3722.15.~~ Sec. 5119.84. (A) The following may enter an adult	106008
care facility at any time:	106009

(1) Employees designated by the director of mental health;

106010

(2) Employees designated by the director of aging;

106011

(3) Employees designated by the attorney general;

106012

(4) Employees designated by a county department of job and	106013
family services to implement sections 5101.60 to 5101.71 of the	106014
Revised Code;	106015

(5) Persons employed pursuant to division (M) of section	106016
173.01 of the Revised Code in the long-term care ombudsperson	106017
program;	106018

(6) ~~Employees of the department of mental health designated~~	106019
~~by the director of mental health;~~	106020

~~(7)~~ Employees of a mental health agency under any of the	106021
following circumstances:	106022

(a) When the agency has a client residing in the facility;

106023

(b) When the agency is acting as an agent of an ADAMHS board	106024
other than the board with which it is under contract;	106025

(c) When there is a mental health resident program	106026
participation agreement between the facility and the ADAMHS board	106027
with which the agency is under contract.	106028

~~(8)~~(7) Employees of an ADAMHS board under any of the	106029
following circumstances:	106030

(a) When authorized by section 340.05 of the Revised Code;

106031

(b) When a resident of the facility is receiving mental	106032
health services provided by that ADAMHS board or another ADAMHS	106033
board pursuant to division (A)(8)(b) of section 340.03 of the	106034
Revised Code;	106035

(c) When a resident of the facility is receiving services	106036
from a mental health agency under contract with that ADAMHS board	106037
or another ADAMHS board;	106038

(d) When there is a mental health resident program	106039
participation agreement between the facility and that ADAMHS	106040
board.	106041

The employees specified in divisions (A)(1) to ~~(8)~~(7) of this	106042
section shall be afforded access to all records of the facility,	106043
including records pertaining to residents, and may copy the	106044
records. Neither these employees nor the director of mental health	106045
shall release, without consent, any information obtained from the	106046
records of an adult care facility that reasonably would tend to	106047
identify a specific resident of the facility, except as ordered by	106048
a court of competent jurisdiction or when the release is otherwise	106049
authorized by law.	106050

(B) The following persons may enter any adult care facility	106051
during reasonable hours:	106052

(1) ~~A resident's sponsor;~~

106053

~~(2) Residents' rights advocates;~~

106054

~~(3)~~ A resident's attorney;

106055

~~(4)~~(2) A minister, priest, rabbi, or other person ministering	106056
to a resident's religious needs;	106057

~~(5)~~(3) A physician or other person providing health care	106058
services to a resident;	106059

~~(6)~~(4) Employees authorized by county departments of job and	106060
family services and local boards of health or health departments	106061
to enter adult care facilities;	106062

~~(7)~~(5) A prospective resident ~~and prospective resident's~~	106063
~~sponsor~~.	106064

(C) The manager of an adult care facility may require a	106065
person seeking to enter the facility to present identification	106066
sufficient to identify the person as an authorized person under	106067
this section.	106068

~~Sec. 3722.151.~~ Sec. 5119.85. (A) As used in this section:

106069

(1) "Adult ~~care facility" has the same meaning as in section~~	106070
~~3722.01 of the Revised Code~~resident" means an individual residing	106071
in an adult care facility licensed by the department of mental	106072
health.	106073

(2) "Applicant" means a person who is under final	106074
consideration for employment with an adult care facility in a	106075
full-time, part-time, or temporary position that involves	106076
providing direct care to an ~~older~~ adult resident. "Applicant" does	106077
not include a person who provides direct care as a volunteer	106078
without receiving or expecting to receive any form of remuneration	106079
other than reimbursement for actual expenses.	106080

(3) "Criminal records check" ~~and "older adult" have~~has the	106081
same ~~meanings~~meaning as in section 109.572 of the Revised Code.	106082

(B)(1) Except as provided in division (I) of this section,	106083
the chief administrator of an adult care facility shall request	106084
that the superintendent of the bureau of criminal identification	106085
and investigation conduct a criminal records check with respect to	106086
each applicant. If an applicant for whom a criminal records check	106087
request is required under this division does not present proof of	106088
having been a resident of this state for the five-year period	106089
immediately prior to the date the criminal records check is	106090
requested or provide evidence that within that five-year period	106091
the superintendent has requested information about the applicant	106092
from the federal bureau of investigation in a criminal records	106093
check, the chief administrator shall request that the	106094
superintendent obtain information from the federal bureau of	106095
investigation as part of the criminal records check of the	106096
applicant. Even if an applicant for whom a criminal records check	106097
request is required under this division presents proof of having	106098
been a resident of this state for the five-year period, the chief	106099
administrator may request that the superintendent include	106100
information from the federal bureau of investigation in the	106101
criminal records check.	106102

(2) A person required by division (B)(1) of this section to	106103
request a criminal records check shall do both of the following:	106104

(a) Provide to each applicant for whom a criminal records	106105
check request is required under that division a copy of the form	106106
prescribed pursuant to division (C)(1) of section 109.572 of the	106107
Revised Code and a standard fingerprint impression sheet	106108
prescribed pursuant to division (C)(2) of that section, and obtain	106109
the completed form and impression sheet from the applicant;	106110

(b) Forward the completed form and impression sheet to the	106111
superintendent of the bureau of criminal identification and	106112
investigation.	106113

(3) An applicant provided the form and fingerprint impression	106114
sheet under division (B)(2)(a) of this section who fails to	106115
complete the form or provide fingerprint impressions shall not be	106116
employed in any position for which a criminal records check is	106117
required by this section.	106118

(C)(1) Except as provided in rules adopted by the ~~public~~	106119
~~health council~~department of mental health in accordance with	106120
division (F) of this section and subject to division (C)(2) of	106121
this section, no adult care facility shall employ a person in a	106122
position that involves providing direct care to an ~~older~~ adult	106123
resident if the person has been convicted of or pleaded guilty to	106124
any of the following:	106125

(a) A violation of section 2903.01, 2903.02, 2903.03,	106126
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	106127
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	106128
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	106129
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	106130
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	106131
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	106132
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	106133
2925.22, 2925.23, or 3716.11 of the Revised Code.	106134

(b) A violation of an existing or former law of this state,	106135
any other state, or the United States that is substantially	106136
equivalent to any of the offenses listed in division (C)(1)(a) of	106137
this section.	106138

(2)(a) An adult care facility may employ conditionally an	106139
applicant for whom a criminal records check request is required	106140
under division (B) of this section prior to obtaining the results	106141
of a criminal records check regarding the individual, provided	106142
that the facility shall request a criminal records check regarding	106143
the individual in accordance with division (B)(1) of this section	106144
not later than five business days after the individual begins	106145
conditional employment. In the circumstances described in division	106146
(I)(2) of this section, an adult care facility may employ	106147
conditionally an applicant who has been referred to the adult care	106148
facility by an employment service that supplies full-time,	106149
part-time, or temporary staff for positions involving the direct	106150
care of ~~older adults~~adult residents and for whom, pursuant to	106151
that division, a criminal records check is not required under	106152
division (B) of this section.	106153

(b) An adult care facility that employs an individual	106154
conditionally under authority of division (C)(2)(a) of this	106155
section shall terminate the individual's employment if the results	106156
of the criminal records check requested under division (B) of this	106157
section or described in division (I)(2) of this section, other	106158
than the results of any request for information from the federal	106159
bureau of investigation, are not obtained within the period ending	106160
thirty days after the date the request is made. Regardless of when	106161
the results of the criminal records check are obtained, if the	106162
results indicate that the individual has been convicted of or	106163
pleaded guilty to any of the offenses listed or described in	106164
division (C)(1) of this section, the facility shall terminate the	106165
individual's employment unless the facility chooses to employ the	106166
individual pursuant to division (F) of this section. Termination	106167
of employment under this division shall be considered just cause	106168
for discharge for purposes of division (D)(2) of section 4141.29	106169
of the Revised Code if the individual makes any attempt to deceive	106170
the facility about the individual's criminal record.	106171

(D)(1) Each adult care facility shall pay to the bureau of	106172
criminal identification and investigation the fee prescribed	106173
pursuant to division (C)(3) of section 109.572 of the Revised Code	106174
for each criminal records check conducted pursuant to a request	106175
made under division (B) of this section.	106176

(2) An adult care facility may charge an applicant a fee not	106177
exceeding the amount the facility pays under division (D)(1) of	106178
this section. A facility may collect a fee only if it notifies the	106179
person at the time of initial application for employment of the	106180
amount of the fee and that, unless the fee is paid, the person	106181
will not be considered for employment.	106182

(E) The report of any criminal records check conducted	106183
pursuant to a request made under this section is not a public	106184
record for the purposes of section 149.43 of the Revised Code and	106185
shall not be made available to any person other than the	106186
following:	106187

(1) The individual who is the subject of the criminal records	106188
check or the individual's representative;	106189

(2) The chief administrator of the facility requesting the	106190
criminal records check or the administrator's representative;	106191

(3) The administrator of any other facility, agency, or	106192
program that provides direct care to ~~older adults~~adult residents	106193
that is owned or operated by the same entity that owns or operates	106194
the adult care facility;	106195

(4) A court, hearing officer, or other necessary individual	106196
involved in a case dealing with a denial of employment of the	106197
applicant or dealing with employment or unemployment benefits of	106198
the applicant;	106199

(5) Any person to whom the report is provided pursuant to,	106200
and in accordance with, division (I)(1) or (2) of this section.	106201

(F) The ~~public health council shall~~department may adopt	106202
rules in accordance with Chapter 119. of the Revised Code to	106203
implement this section. The rules ~~shall~~may specify circumstances	106204
under which an adult care facility may employ a person who has	106205
been convicted of or pleaded guilty to an offense listed or	106206
described in division (C)(1) of this section but meets personal	106207
character standards set by the council.	106208

(G) The chief administrator of an adult care facility shall	106209
inform each individual, at the time of initial application for a	106210
position that involves providing direct care to an ~~older~~ adult	106211
resident, that the individual is required to provide a set of	106212
fingerprint impressions and that a criminal records check is	106213
required to be conducted if the individual comes under final	106214
consideration for employment.	106215

(H) In a tort or other civil action for damages that is	106216
brought as the result of an injury, death, or loss to person or	106217
property caused by an individual who an adult care facility	106218
employs in a position that involves providing direct care to ~~older~~	106219
~~adults~~adult residents, all of the following shall apply:	106220

(1) If the facility employed the individual in good faith and	106221
reasonable reliance on the report of a criminal records check	106222
requested under this section, the facility shall not be found	106223
negligent solely because of its reliance on the report, even if	106224
the information in the report is determined later to have been	106225
incomplete or inaccurate;	106226

(2) If the facility employed the individual in good faith on	106227
a conditional basis pursuant to division (C)(2) of this section,	106228
the facility shall not be found negligent solely because it	106229
employed the individual prior to receiving the report of a	106230
criminal records check requested under this section;	106231

(3) If the facility in good faith employed the individual	106232
according to the personal character standards established in rules	106233
adopted under division (F) of this section, the facility shall not	106234
be found negligent solely because the individual prior to being	106235
employed had been convicted of or pleaded guilty to an offense	106236
listed or described in division (C)(1) of this section.	106237

(I)(1) The chief administrator of an adult care facility is	106238
not required to request that the superintendent of the bureau of	106239
criminal identification and investigation conduct a criminal	106240
records check of an applicant if the applicant has been referred	106241
to the facility by an employment service that supplies full-time,	106242
part-time, or temporary staff for positions involving the direct	106243
care of ~~older adults~~adult residents and both of the following	106244
apply:	106245

(a) The chief administrator receives from the employment	106246
service or the applicant a report of the results of a criminal	106247
records check regarding the applicant that has been conducted by	106248
the superintendent within the one-year period immediately	106249
preceding the applicant's referral;	106250

(b) The report of the criminal records check demonstrates	106251
that the person has not been convicted of or pleaded guilty to an	106252
offense listed or described in division (C)(1) of this section, or	106253
the report demonstrates that the person has been convicted of or	106254
pleaded guilty to one or more of those offenses, but the adult	106255
care facility chooses to employ the individual pursuant to	106256
division (F) of this section.	106257

(2) The chief administrator of an adult care facility is not	106258
required to request that the superintendent of the bureau of	106259
criminal identification and investigation conduct a criminal	106260
records check of an applicant and may employ the applicant	106261
conditionally as described in this division, if the applicant has	106262
been referred to the facility by an employment service that	106263
supplies full-time, part-time, or temporary staff for positions	106264
involving the direct care of ~~older adults~~adult residents and if	106265
the chief administrator receives from the employment service or	106266
the applicant a letter from the employment service that is on the	106267
letterhead of the employment service, dated, and signed by a	106268
supervisor or another designated official of the employment	106269
service and that states that the employment service has requested	106270
the superintendent to conduct a criminal records check regarding	106271
the applicant, that the requested criminal records check will	106272
include a determination of whether the applicant has been	106273
convicted of or pleaded guilty to any offense listed or described	106274
in division (C)(1) of this section, that, as of the date set forth	106275
on the letter, the employment service had not received the results	106276
of the criminal records check, and that, when the employment	106277
service receives the results of the criminal records check, it	106278
promptly will send a copy of the results to the adult care	106279
facility. If an adult care facility employs an applicant	106280
conditionally in accordance with this division, the employment	106281
service, upon its receipt of the results of the criminal records	106282
check, promptly shall send a copy of the results to the adult care	106283
facility, and division (C)(2)(b) of this section applies regarding	106284
the conditional employment.	106285

~~Sec. 3722.16.~~ Sec. 5119.86. (A) No person shall:

106286

(1) Operate an adult care facility unless the facility is	106287
validly licensed by the director of mental health under section	106288
~~3722.04~~5119.73 of the Revised Code;	106289

(2) Admit to an adult care facility more residents than the	106290
number authorized in the facility's license;	106291

(3) Admit a resident to an adult care facility after the	106292
director has issued an order pursuant to section ~~3722.07~~5119.76	106293
of the Revised Code suspending admissions to the facility.	106294
Violation of division (A)(3) of this section is cause for	106295
revocation of the facility's license.	106296

(4) Interfere with any authorized inspection of an adult care	106297
facility conducted pursuant to section ~~3722.02~~5119.71 or ~~3722.04~~	106298
5119.73 of the Revised Code;	106299

(5) Admit to an adult care facility a resident requiring	106300
publicly funded mental health services, unless both of the	106301
following conditions are met:	106302

(a) The ADAMHS board serving the alcohol, drug addiction, and	106303
mental health service district in which the facility is located is	106304
notified;	106305

(b) The facility and ADAMHS board have entered into a mental	106306
health resident program participation agreement by using the	106307
standardized form approved by the director of mental health under	106308
section ~~5119.613~~5119.614 of the Revised Code.	106309

(6) Violate any of the provisions of ~~this chapter~~sections	106310
5119.70 to 5119.88 of the Revised Code or any of the rules adopted	106311
pursuant to itthose sections.	106312

(B) No adult care facility shall provide, or admit or retain	106313
any resident in need of, skilled nursing care unless all of the	106314
following conditions are met:	106315

(1) The care will be provided on a part-time, intermittent	106316
basis for not more than a total of one hundred twenty days in any	106317
twelve-month period.	106318

(2) The care will be provided by one or more of the	106319
following:	106320

(a) A home health agency certified under Title XVIII of the	106321
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	106322
amended;	106323

(b) A hospice care program licensed under Chapter 3712. of	106324
the Revised Code;	106325

(c) A nursing home licensed under Chapter 3721. of the	106326
Revised Code and owned and operated by the same person and located	106327
on the same site as the adult care facility;	106328

(d) A mental health agency or, pursuant to division (A)(8)(b)	106329
of section 340.03 of the Revised Code, an ADAMHS board.	106330

(3) Each individual employed by, under contract with, or	106331
otherwise used by any of the entities specified in division (B)(2)	106332
of this section to perform the skilled nursing care is authorized	106333
under the laws of this state to perform the care by being	106334
appropriately licensed, as specified in rules adopted under	106335
division (G) of this section.	106336

(4) The staff of the one or more entities providing the	106337
skilled nursing care does not train the adult care facility staff	106338
to provide the skilled nursing care;	106339

(5) The individual to whom the skilled nursing care is	106340
provided is suffering from a short-term illness;	106341

(6) If the skilled nursing care is to be provided by the	106342
nursing staff of a nursing home, all of the following are the	106343
case:	106344

(a) The adult care facility evaluates the individual	106345
receiving the skilled nursing care at least once every seven days	106346
to determine whether the individual should be transferred to a	106347
nursing home;	106348

(b) The adult care facility meets at all times staffing	106349
requirements established by rules adopted under section ~~3722.10~~	106350
5119.79 of the Revised Code;	106351

(c) The nursing home does not include the cost of providing	106352
skilled nursing care to the adult care facility residents in a	106353
cost report filed under section 5111.26 of the Revised Code;	106354

(d) The nursing home meets at all times the nursing home	106355
licensure staffing ratios established by rules adopted under	106356
section 3721.04 of the Revised Code;	106357

(e) The nursing home staff providing skilled nursing care to	106358
adult care facility residents are registered nurses or licensed	106359
practical nurses licensed under Chapter 4723. of the Revised Code	106360
and meet the personnel qualifications for nursing home staff	106361
established by rules adopted under section 3721.04 of the Revised	106362
Code;	106363

(f) The skilled nursing care is provided in accordance with	106364
rules established for nursing homes under section 3721.04 of the	106365
Revised Code;	106366

(g) The nursing home meets the skilled nursing care needs of	106367
the adult care facility residents;	106368

(h) Using the nursing home's nursing staff does not prevent	106369
the nursing home or adult care facility from meeting the needs of	106370
the nursing home and adult care facility residents in a quality	106371
and timely manner.	106372

(7) No adult care facility staff shall provide skilled	106373
nursing care.	106374

Notwithstanding section 3721.01 of the Revised Code, an adult	106375
care facility in which residents receive skilled nursing care as	106376
described in division (B) of this section is not a nursing home.	106377

(C) A home health agency or hospice care program that	106378
provides skilled nursing care pursuant to division (B) of this	106379
section may not be associated with the adult care facility unless	106380
the facility is part of a home for the aged as defined in section	106381
5701.13 of the Revised Code or the adult care facility is owned	106382
and operated by the same person and located on the same site as a	106383
nursing home licensed under Chapter 3721. of the Revised Code that	106384
is associated with the home health agency or hospice care program.	106385
In addition, the following requirements shall be met:	106386

(1) The adult care facility shall evaluate the individual	106387
receiving the skilled nursing care not less than once every seven	106388
days to determine whether the individual should be transferred to	106389
a nursing home;	106390

(2) If the costs of providing the skilled nursing care are	106391
included in a cost report filed pursuant to section 5111.26 of the	106392
Revised Code by the nursing home that is part of the same home for	106393
the aged, the home health agency or hospice care program shall not	106394
seek reimbursement for the care under the medical assistance	106395
program established under Chapter 5111. of the Revised Code.	106396

(D) No person knowingly shall place or recommend placement of	106397
any person in an adult care facility that is operating without a	106398
license.	106399

(E) No employee of a unit of local or state government,	106400
ADAMHS board, mental health agency, or ~~PASSPORT~~RSS administrative	106401
agency shall place or recommend placement of any person in an	106402
adult care facility if the employee knows any of the following:	106403

(1) That the facility cannot meet the needs of the potential	106404
resident;	106405

(2) That placement of the resident would cause the facility	106406
to exceed its licensed capacity;	106407

(3) That an enforcement action initiated by the director of	106408
mental health is pending and may result in the revocation of or	106409
refusal to renew the facility's license;	106410

(4) That the potential resident is receiving or is eligible	106411
for publicly funded mental health services and the facility has	106412
not entered into a mental health resident program participation	106413
agreement.	106414

(F) No person who has reason to believe that an adult care	106415
facility is operating without a license shall fail to report this	106416
information to the director of mental health.	106417

(G) In accordance with Chapter 119. of the Revised Code, the	106418
~~public health council~~department of mental health shall adopt	106419
rules for purposes of division (B) of this section that do all of	106420
the following:	106421

(1) Define a short-term illness for purposes of division	106422
(B)(5) of this section;	106423

(2) Specify, consistent with rules pertaining to home health	106424
care adopted by the director of job and family services under the	106425
medical assistance program established under Chapter 5111. of the	106426
Revised Code and Title XIX of the "Social Security Act," 49 Stat.	106427
620 (1935), 42 U.S.C. 301, as amended, what constitutes a	106428
part-time, intermittent basis for purposes of division (B)(1) of	106429
this section;	106430

(3) Specify what constitutes being appropriately licensed for	106431
purposes of division (B)(3) of this section.	106432

~~Sec. 3722.17.~~ Sec. 5119.87. (A) Any person who believes that an	106433
adult care facility is in violation of ~~this chapter~~sections	106434
5119.70 to 5119.88 of the Revised Code or of any of the rules	106435
~~promulgated~~adopted pursuant to itthose sections may report the	106436
information to the director of mental health. The director shall	106437
investigate each report made under this section or section ~~3722.16~~	106438
5119.86 of the Revised Code and shall inform the facility of the	106439
results of the investigation. When investigating a report made	106440
pursuant to section 340.05 of the Revised Code, the director shall	106441
consult with the ADAMHS board that made the report. The director	106442
shall keep a record of the investigation and the action taken as a	106443
result of the investigation.	106444

The director shall not reveal, without consent, the identity	106445
of a person who makes a report under this section or division (G)	106446
of section ~~3722.16~~5119.86 of the Revised Code, the identity of a	106447
specific resident or residents referred to in such a report, or	106448
any other information that could reasonably be expected to reveal	106449
the identity of the person making the report or the resident or	106450
residents referred to in the report, except that the director may	106451
provide this information to a government agency responsible for	106452
enforcing laws applying to adult care facilities.	106453

(B) Any person who believes that a resident's rights under	106454
sections ~~3722.12~~5119.81 to ~~3722.15~~5119.84 of the Revised Code	106455
have been violated may report the information to the state	106456
long-term care ombudsperson, the regional long-term care	106457
ombudsperson program for the area in which the facility is	106458
located, or the director of mental health. If the person believes	106459
that the resident has mental illness or severe mental disability	106460
and is suffering abuse or neglect, the person may report the	106461
information to the ADAMHS board serving the alcohol, drug	106462
addiction, and mental health service district in which the adult	106463
care facility is located or a mental health agency under contract	106464
with the board in addition to or instead of the ombudsperson,	106465
regional program, or director.	106466

(C) Any person who makes a report pursuant to division (A) or	106467
(B) of this section or division (G) of section ~~3722.16~~5119.86 of	106468
the Revised Code or any person who participates in an	106469
administrative or judicial proceeding resulting from such a report	106470
is immune from any civil liability or criminal liability, other	106471
than perjury, that might otherwise be incurred or imposed as a	106472
result of these actions, unless the person has acted in bad faith	106473
or with malicious purpose.	106474

~~Sec. 3722.18.~~ Sec. 5119.88. Before an adult care facility admits a	106475
prospective resident who the owner or manager of the facility	106476
knows has been assessed as having a mental illness or severe	106477
mental disability, the owner or manager is subject to both of the	106478
following:	106479

(A) If the prospective resident is referred to the facility	106480
by a mental health agency or ADAMHS board, the owner or manager	106481
shall follow procedures established in rules adopted under	106482
division (A)(12) of section ~~3722.10~~5119.79 of the Revised Code	106483
regarding referrals and effective arrangements for ongoing mental	106484
health services.	106485

(B) If the prospective resident is not referred to the	106486
facility by a mental health agency or ADAMHS board, the owner or	106487
manager shall offer to assist the prospective resident in	106488
obtaining appropriate mental health services and document the	106489
offer of assistance in accordance with rules adopted under	106490
division (A)(12) of section ~~3722.10~~5119.79 of the Revised Code.	106491

Sec. 5119.99. (A) Whoever violates section 5119.21 of the	106492
Revised Code is guilty of a misdemeanor of the first degree.	106493

(B) Whoever violates division (A)(1) of section 5119.86 of	106494
the Revised Code shall be fined two thousand dollars for a first	106495
offense; for each subsequent offense, such person shall be fined	106496
five thousand dollars.	106497

(C) Whoever violates division (C) of section 5119.81 or	106498
division (A)(2), (3), (4), (5), or (6), (B), (C), (D), (E), or (F)	106499
of section 5119.86 of the Revised Code shall be fined five hundred	106500
dollars for a first offense; for each subsequent offense, such	106501
person shall be fined one thousand dollars.	106502

Sec. 5120.092. There is hereby created in the state treasury	106503
the adult and juvenile correctional facilities bond retirement	106504
fund. The fund shall receive proceeds derived from the sale of	106505
state adult or juvenile correctional facilities. Investment income	106506
with respect to moneys on deposit in the fund shall be retained by	106507
the fund. No investment of moneys in, or transfer of moneys from,	106508
the fund shall be made if the effect of the investment or transfer	106509
would be to adversely affect the exclusion from gross income of	106510
the interest payable on state bonds issued for state adult or	106511
juvenile correctional facilities that have been sold under	106512
authority of Section 753.10 or 753.30 of the act in which this	106513
section was enacted. To the extent necessary to maintain the	106514
exclusion from gross income of the interest payable on those	106515
bonds, moneys in the fund shall first be used to redeem or defease	106516
the outstanding portion of such bonds. To accomplish the	106517
redemption or defeasance, the director of budget and management,	106518
at the request of the Ohio building authority, may direct that	106519
moneys in the fund be transferred to the appropriate trustees	106520
under the applicable bond trust agreements. Upon receipt of both	106521
(i) one or more opinions of a nationally recognized bond counsel	106522
firm appointed by the Ohio building authority stating that the	106523
aforementioned bonds have been redeemed or defeased and that the	106524
transfer of such moneys will not adversely affect the exclusion	106525
from gross income of the interest payable on such bonds, and (ii)	106526
a certification by both the director of administrative services	106527
and the director of rehabilitation and correction stating either	106528
that all sales of state adult and juvenile correctional facilities	106529
contemplated by Sections 753.10 and 753.30 of the act in which	106530
this section was enacted have been completed or that no further	106531
sales of any such facilities will be undertaken, the director of	106532
budget and management may direct that any moneys remaining in the	106533
fund after the redemption or defeasance of the aforementioned	106534
bonds shall be transferred to the general revenue fund. Upon	106535
completion of that transfer, the adult and juvenile correctional	106536
facilities bond retirement fund shall be abolished.	106537

Sec. 5120.105. (A) The department of administrative services	106538
shall provide for the construction of a halfway house facility in	106539
conformity with Chapter 153. of the Revised Code, except that	106540
construction services may be provided by the department of	106541
rehabilitation and correction.	106542

(B) The director of rehabilitation and correction may enter	106543
into an agreement with a halfway house organization for the	106544
management of a halfway house facility. The halfway house	106545
organization that occupies, will occupy, or is responsible for the	106546
management of a halfway house facility shall pay the costs of	106547
management of and general building services for the halfway house	106548
facility as provided in an agreement between the department of	106549
rehabilitation and correction and the halfway house organization.	106550

(C) No state funds, including state bond proceeds, shall be	106551
spent on the construction of a halfway house facility under	106552
sections 5120.102 to 5120.105 of the Revised Code, unless the	106553
general assembly has specifically authorized the spending of money	106554
on, or has made an appropriation to the department of	106555
rehabilitation and correction for, the construction of the halfway	106556
house facility or rental payments relating to the financing of the	106557
construction of that facility. An authorization to spend money or	106558
an appropriation for planning a halfway house facility does not	106559
constitute an authorization to spend money on, or an appropriation	106560
for, the construction of that facility. Capital funds for the	106561
construction of halfway house facilities under sections 5120.102	106562
to 5120.105 of the Revised Code shall be paid from the adult	106563
correctional building fund created ~~by the general assembly in the~~	106564
~~custody of the state treasurer~~in division (F) of section 154.24	106565
of the Revised Code.	106566

Sec. 5120.135. (A) As used in this section, "laboratory	106567
services" includes the performance of medical laboratory analysis;	106568
professional laboratory and pathologist consultation; the	106569
procurement, storage, and distribution of laboratory supplies; and	106570
the performance of phlebotomy services.	106571

(B) The department of rehabilitation and correction ~~shall~~may	106572
provide laboratory services to the departments of mental health,	106573
developmental disabilities, youth services, and rehabilitation and	106574
correction. The department of rehabilitation and correction may	106575
also provide laboratory services to other state, county, or	106576
municipal agencies and to private persons that request laboratory	106577
services if the department of rehabilitation and correction	106578
determines that the provision of laboratory services is in the	106579
public interest and considers it advisable to provide such	106580
services. The department of rehabilitation and correction may also	106581
provide laboratory services to agencies operated by the United	106582
States government and to public and private entities funded in	106583
whole or in part by the state if the director of rehabilitation	106584
and correction designates them as eligible to receive such	106585
services.	106586

The department of rehabilitation and correction shall provide	106587
laboratory services from a laboratory that complies with the	106588
standards for certification set by the United States department of	106589
health and human services under the "Clinical Laboratory	106590
Improvement Amendments of 1988," 102 Stat. 293, 42 U.S.C.A. 263a.	106591
In addition, the laboratory shall maintain accreditation or	106592
certification with an appropriate accrediting or certifying	106593
organization as considered necessary by the recipients of its	106594
laboratory services and as authorized by the director of	106595
rehabilitation and correction.	106596

(C) The cost of administering this section shall be	106597
determined by the department of rehabilitation and correction and	106598
shall be paid by entities that receive laboratory services to the	106599
department for deposit in the state treasury to the credit of the	106600
laboratory services fund, which is hereby created. The fund shall	106601
be used to pay the costs the department incurs in administering	106602
this section.	106603

(D) ~~If the department of rehabilitation and correction does~~	106604
~~not provide laboratory services under this section in a~~	106605
~~satisfactory manner to the department of developmental~~	106606
~~disabilities, youth services, or mental health, the director of~~	106607
~~developmental disabilities, youth services, or mental health shall~~	106608
~~attempt to resolve the matter of the unsatisfactory provision of~~	106609
~~services with the director of rehabilitation and correction. If,~~	106610
~~after this attempt, the provision of laboratory services continues~~	106611
~~to be unsatisfactory, the director of developmental disabilities,~~	106612
~~youth services, or mental health shall notify the director of~~	106613
~~rehabilitation and correction regarding the continued~~	106614
~~unsatisfactory provision of laboratory services. If, within thirty~~	106615
~~days after the director receives this notice, the department of~~	106616
~~rehabilitation and correction does not provide the specified~~	106617
~~laboratory services in a satisfactory manner, the director of~~	106618
~~developmental disabilities, youth services, or mental health shall~~	106619
~~notify the director of rehabilitation and correction of the~~	106620
~~notifying director's intent to cease obtaining laboratory services~~	106621
~~from the department of rehabilitation and correction. Following~~	106622
~~the end of a cancellation period of sixty days that begins on the~~	106623
~~date of the notice, the department that sent the notice may obtain~~	106624
~~laboratory services from a provider other than the department of~~	106625
~~rehabilitation and correction, if the department that sent the~~	106626
~~notice certifies to the department of administrative services that~~	106627
~~the requirements of this division have been met.~~	106628

~~(E)~~ Whenever a state agency fails to make a payment for	106629
laboratory services provided to it by the department of	106630
rehabilitation and correction under this section within thirty-one	106631
days after the date the payment was due, the office of budget and	106632
management may transfer moneys from that state agency to the	106633
department of rehabilitation and correction for deposit to the	106634
credit of the laboratory services fund. The amount transferred	106635
shall not exceed the amount of the overdue payments. Prior to	106636
making a transfer under this division, the office shall apply any	106637
credits the state agency has accumulated in payment for laboratory	106638
services provided under this section.	106639

Sec. 5120.17. (A) As used in this section:

106640

(1) "Mental illness" means a substantial disorder of thought,	106641
mood, perception, orientation, or memory that grossly impairs	106642
judgment, behavior, capacity to recognize reality, or ability to	106643
meet the ordinary demands of life.	106644

(2) "Mentally ill person subject to hospitalization" means a	106645
mentally ill person to whom any of the following applies because	106646
of the person's mental illness:	106647

(a) The person represents a substantial risk of physical harm	106648
to the person as manifested by evidence of threats of, or attempts	106649
at, suicide or serious self-inflicted bodily harm.	106650

(b) The person represents a substantial risk of physical harm	106651
to others as manifested by evidence of recent homicidal or other	106652
violent behavior, evidence of recent threats that place another in	106653
reasonable fear of violent behavior and serious physical harm, or	106654
other evidence of present dangerousness.	106655

(c) The person represents a substantial and immediate risk of	106656
serious physical impairment or injury to the person as manifested	106657
by evidence that the person is unable to provide for and is not	106658
providing for the person's basic physical needs because of the	106659
person's mental illness and that appropriate provision for those	106660
needs cannot be made immediately available in the correctional	106661
institution in which the inmate is currently housed.	106662

(d) The person would benefit from treatment in a hospital for	106663
the person's mental illness and is in need of treatment in a	106664
hospital as manifested by evidence of behavior that creates a	106665
grave and imminent risk to substantial rights of others or the	106666
person.	106667

(3) "Psychiatric hospital" means all or part of a facility	106668
that is operated and managed by the department of ~~rehabilitation~~	106669
~~and correction, is designated as a psychiatric hospital~~mental	106670
health to provide psychiatric hospitalization services in	106671
accordance with the requirements of this section pursuant to an	106672
agreement between the directors of rehabilitation and correction	106673
and mental health or, is licensed by the department of mental	106674
health pursuant to section 5119.20 of the Revised Code,as a	106675
psychiatric hospital and is ~~in substantial compliance with the~~	106676
~~standards set by the joint commission on accreditation of~~	106677
~~healthcare organizations~~accredited by a healthcare accrediting	106678
organization approved by the department of mental health and the	106679
psychiatric hospital is any of the following:	106680

(a) Operated and managed by the department of rehabilitation	106681
and correction within a facility that is operated by the	106682
department of rehabilitation and correction;	106683

(b) Operated and managed by a contractor for the department	106684
of rehabilitation and correction within a facility that is	106685
operated by the department of rehabilitation and correction;	106686

(c) Operated and managed in the community by an entity that	106687
has contracted with the department of rehabilitation and	106688
correction to provide psychiatric hospitalization services in	106689
accordance with the requirements of this section.	106690

(4) "Inmate patient" means an inmate who is admitted to a	106691
psychiatric hospital.	106692

(5) "Admitted" to a psychiatric hospital means being accepted	106693
for and staying at least one night at the psychiatric hospital.	106694

(6) "Treatment plan" means a written statement of reasonable	106695
objectives and goals for an inmate patient that is based on the	106696
needs of the inmate patient and that is established by the	106697
treatment team, with the active participation of the inmate	106698
patient and with documentation of that participation. "Treatment	106699
plan" includes all of the following:	106700

(a) The specific criteria to be used in evaluating progress	106701
toward achieving the objectives and goals;	106702

(b) The services to be provided to the inmate patient during	106703
the inmate patient's hospitalization;	106704

(c) The services to be provided to the inmate patient after	106705
discharge from the hospital, including, but not limited to,	106706
housing and mental health services provided at the state	106707
correctional institution to which the inmate patient returns after	106708
discharge or community mental health services.	106709

(7) "Mentally retarded person subject to institutionalization	106710
by court order" has the same meaning as in section 5123.01 of the	106711
Revised Code.	106712

(8) "Emergency transfer" means the transfer of a mentally ill	106713
inmate to a psychiatric hospital when the inmate presents an	106714
immediate danger to self or others and requires hospital-level	106715
care.	106716

(9) "Uncontested transfer" means the transfer of a mentally	106717
ill inmate to a psychiatric hospital when the inmate has the	106718
mental capacity to, and has waived, the hearing required by	106719
division (B) of this section.	106720

(10)(a) "Independent decision-maker" means a person who is	106721
employed or retained by the department of rehabilitation and	106722
correction and is appointed by the chief or chief clinical officer	106723
of mental health services as a hospitalization hearing officer to	106724
conduct due process hearings.	106725

(b) An independent decision-maker who presides over any	106726
hearing or issues any order pursuant to this section shall be a	106727
psychiatrist, psychologist, or attorney, shall not be specifically	106728
associated with the institution in which the inmate who is the	106729
subject of the hearing or order resides at the time of the hearing	106730
or order, and previously shall not have had any treatment	106731
relationship with nor have represented in any legal proceeding the	106732
inmate who is the subject of the order.	106733

(B)(1) Except as provided in division (C) of this section, if	106734
the warden of a state correctional institution or the warden's	106735
designee believes that an inmate should be transferred from the	106736
institution to a psychiatric hospital, the department shall hold a	106737
hearing to determine whether the inmate is a mentally ill person	106738
subject to hospitalization. The department shall conduct the	106739
hearing at the state correctional institution in which the inmate	106740
is confined, and the department shall provide qualified	106741
independent assistance to the inmate for the hearing. An	106742
independent decision-maker provided by the department shall	106743
preside at the hearing and determine whether the inmate is a	106744
mentally ill person subject to hospitalization.	106745

(2) Except as provided in division (C) of this section, prior	106746
to the hearing held pursuant to division (B)(1) of this section,	106747
the warden or the warden's designee shall give written notice to	106748
the inmate that the department is considering transferring the	106749
inmate to a psychiatric hospital, that it will hold a hearing on	106750
the proposed transfer at which the inmate may be present, that at	106751
the hearing the inmate has the rights described in division (B)(3)	106752
of this section, and that the department will provide qualified	106753
independent assistance to the inmate with respect to the hearing.	106754
The department shall not hold the hearing until the inmate has	106755
received written notice of the proposed transfer and has had	106756
sufficient time to consult with the person appointed by the	106757
department to provide assistance to the inmate and to prepare for	106758
a presentation at the hearing.	106759

(3) At the hearing held pursuant to division (B)(1) of this	106760
section, the department shall disclose to the inmate the evidence	106761
that it relies upon for the transfer and shall give the inmate an	106762
opportunity to be heard. Unless the independent decision-maker	106763
finds good cause for not permitting it, the inmate may present	106764
documentary evidence and the testimony of witnesses at the hearing	106765
and may confront and cross-examine witnesses called by the	106766
department.	106767

(4) If the independent decision-maker does not find clear and	106768
convincing evidence that the inmate is a mentally ill person	106769
subject to hospitalization, the department shall not transfer the	106770
inmate to a psychiatric hospital but shall continue to confine the	106771
inmate in the same state correctional institution or in another	106772
state correctional institution that the department considers	106773
appropriate. If the independent decision-maker finds clear and	106774
convincing evidence that the inmate is a mentally ill person	106775
subject to hospitalization, the decision-maker shall order that	106776
the inmate be transported to a psychiatric hospital for	106777
observation and treatment for a period of not longer than thirty	106778
days. After the hearing, the independent decision-maker shall	106779
submit to the department a written decision that states one of the	106780
findings described in division (B)(4) of this section, the	106781
evidence that the decision-maker relied on in reaching that	106782
conclusion, and, if the decision is that the inmate should be	106783
transferred, the reasons for the transfer.	106784

(C)(1) The department may transfer an inmate to a psychiatric	106785
hospital under an emergency transfer order if the chief clinical	106786
officer of mental health services of the department or that	106787
officer's designee and either a psychiatrist employed or retained	106788
by the department or, in the absence of a psychiatrist, a	106789
psychologist employed or retained by the department determines	106790
that the inmate is mentally ill, presents an immediate danger to	106791
self or others, and requires hospital-level care.	106792

(2) The department may transfer an inmate to a psychiatric	106793
hospital under an uncontested transfer order if both of the	106794
following apply:	106795

(a) A psychiatrist employed or retained by the department	106796
determines all of the following apply:	106797

(i) The inmate has a mental illness or is a mentally ill	106798
person subject to hospitalization.	106799

(ii) The inmate requires hospital care to address the mental	106800
illness.	106801

(iii) The inmate has the mental capacity to make a reasoned	106802
choice regarding the inmate's transfer to a hospital.	106803

(b) The inmate agrees to a transfer to a hospital.

106804

(3) The written notice and the hearing required under	106805
divisions (B)(1) and (2) of this section are not required for an	106806
emergency transfer or uncontested transfer under division (C)(1)	106807
or (2) of this section.	106808

(4) After an emergency transfer under division (C)(1) of this	106809
section, the department shall hold a hearing for continued	106810
hospitalization within five working days after admission of the	106811
transferred inmate to the psychiatric hospital. The department	106812
shall hold subsequent hearings pursuant to division (F) of this	106813
section at the same intervals as required for inmate patients who	106814
are transported to a psychiatric hospital under division (B)(4) of	106815
this section.	106816

(5) After an uncontested transfer under division (C)(2) of	106817
this section, the inmate may withdraw consent to the transfer in	106818
writing at any time. Upon the inmate's withdrawal of consent, the	106819
hospital shall discharge the inmate, or, within five working days,	106820
the department shall hold a hearing for continued hospitalization.	106821
The department shall hold subsequent hearings pursuant to division	106822
(F) of this section at the same time intervals as required for	106823
inmate patients who are transported to a psychiatric hospital	106824
under division (B)(4) of this section.	106825

(D)(1) If an independent decision-maker, pursuant to division	106826
(B)(4) of this section, orders an inmate transported to a	106827
psychiatric hospital or if an inmate is transferred pursuant to	106828
division (C)(1) or (2) of this section, the staff of the	106829
psychiatric hospital shall examine the inmate patient when	106830
admitted to the psychiatric hospital as soon as practicable after	106831
the inmate patient arrives at the hospital and no later than	106832
twenty-four hours after the time of arrival. The attending	106833
physician responsible for the inmate patient's care shall give the	106834
inmate patient all information necessary to enable the patient to	106835
give a fully informed, intelligent, and knowing consent to the	106836
treatment the inmate patient will receive in the hospital. The	106837
attending physician shall tell the inmate patient the expected	106838
physical and medical consequences of any proposed treatment and	106839
shall give the inmate patient the opportunity to consult with	106840
another psychiatrist at the hospital and with the inmate advisor.	106841

(2) No inmate patient who is transported or transferred	106842
pursuant to division (B)(4) or (C)(1) or (2) of this section to a	106843
psychiatric hospital ~~pursuant to division (B)(4) or (C)(1) or (2)~~	106844
~~of this section and who is in the physical custody of~~within a	106845
facility that is operated by the department of rehabilitation and	106846
correction shall be subjected to any of the following procedures:	106847

(a) Convulsive therapy;

106848

(b) Major aversive interventions;

106849

106850

(d) Psychosurgery.

106851

(E) The ~~warden of the psychiatric hospital or the warden's~~	106852
~~designee~~department of rehabilitation and correction shall ensure	106853
that an inmate patient hospitalized pursuant to this section	106854
receives or has all of the following:	106855

(1) Receives sufficient professional care within twenty days	106856
of admission to ensure that an evaluation of the inmate patient's	106857
current status, differential diagnosis, probable prognosis, and	106858
description of the current treatment plan have been formulated and	106859
are stated on the inmate patient's official chart;	106860

(2) Has a written treatment plan consistent with the	106861
evaluation, diagnosis, prognosis, and goals of treatment;	106862

(3) Receives treatment consistent with the treatment plan;

106863

(4) Receives periodic reevaluations of the treatment plan by	106864
the professional staff at intervals not to exceed thirty days;	106865

(5) Is provided with adequate medical treatment for physical	106866
disease or injury;	106867

(6) Receives humane care and treatment, including, without	106868
being limited to, the following:	106869

(a) Access to the facilities and personnel required by the	106870
treatment plan;	106871

(b) A humane psychological and physical environment;

106872

(c) The right to obtain current information concerning the	106873
treatment program, the expected outcomes of treatment, and the	106874
expectations for the inmate patient's participation in the	106875
treatment program in terms that the inmate patient reasonably can	106876
understand;	106877

(d) Opportunity for participation in programs designed to	106878
help the inmate patient acquire the skills needed to work toward	106879
discharge from the psychiatric hospital;	106880

(e) The right to be free from unnecessary or excessive	106881
medication and from unnecessary restraints or isolation;	106882

(f) All other rights afforded inmates in the custody of the	106883
department consistent with rules, policy, and procedure of the	106884
department.	106885

(F) The department shall hold a hearing for the continued	106886
hospitalization of an inmate patient who is transported or	106887
transferred to a psychiatric hospital pursuant to division (B)(4)	106888
or (C)(1) of this section prior to the expiration of the initial	106889
thirty-day period of hospitalization. The department shall hold	106890
any subsequent hearings, if necessary, not later than ninety days	106891
after the first thirty-day hearing and then not later than each	106892
one hundred and eighty days after the immediately prior hearing.	106893
An independent decision-maker shall conduct the hearings at the	106894
psychiatric hospital in which the inmate patient is confined. The	106895
inmate patient shall be afforded all of the rights set forth in	106896
this section for the hearing prior to transfer to the psychiatric	106897
hospital. The department may not waive a hearing for continued	106898
commitment. A hearing for continued commitment is mandatory for an	106899
inmate patient transported or transferred to a psychiatric	106900
hospital pursuant to division (B)(4) or (C)(1) of this section	106901
unless the inmate patient has the capacity to make a reasoned	106902
choice to execute a waiver and waives the hearing in writing. An	106903
inmate patient who is transferred to a psychiatric hospital	106904
pursuant to an uncontested transfer under division (C)(2) of this	106905
section and who has scheduled hearings after withdrawal of consent	106906
for hospitalization may waive any of the scheduled hearings if the	106907
inmate has the capacity to make a reasoned choice and executes a	106908
written waiver of the hearing.	106909

If upon completion of the hearing the independent	106910
decision-maker does not find by clear and convincing evidence that	106911
the inmate patient is a mentally ill person subject to	106912
hospitalization, the independent decision-maker shall order the	106913
inmate patient's discharge from the psychiatric hospital. If the	106914
independent decision-maker finds by clear and convincing evidence	106915
that the inmate patient is a mentally ill person subject to	106916
hospitalization, the independent decision-maker shall order that	106917
the inmate patient remain at the psychiatric hospital for	106918
continued hospitalization until the next required hearing.	106919

If at any time prior to the next required hearing for	106920
continued hospitalization, the medical director of the hospital or	106921
the attending physician determines that the treatment needs of the	106922
inmate patient could be met equally well in an available and	106923
appropriate less restrictive state correctional institution or	106924
unit, the medical director or attending physician may discharge	106925
the inmate to that facility.	106926

(G) An inmate patient is entitled to the credits toward the	106927
reduction of the inmate patient's stated prison term pursuant to	106928
Chapters 2967. and 5120. of the Revised Code under the same terms	106929
and conditions as if the inmate patient were in any other	106930
institution of the department of rehabilitation and correction.	106931

(H) The adult parole authority may place an inmate patient on	106932
parole or under post-release control directly from a psychiatric	106933
hospital.	106934

(I) If an inmate patient who is a mentally ill person subject	106935
to hospitalization is to be released from a psychiatric hospital	106936
because of the expiration of the inmate patient's stated prison	106937
term, the ~~warden of the psychiatric hospital~~director of	106938
rehabilitation and correction or the director's designee, at least	106939
fourteen days before the expiration date, may file an affidavit	106940
under section 5122.11 or 5123.71 of the Revised Code with the	106941
probate court in the county where the psychiatric hospital is	106942
located or the probate court in the county where the inmate will	106943
reside, alleging that the inmate patient is a mentally ill person	106944
subject to hospitalization by court order or a mentally retarded	106945
person subject to institutionalization by court order, whichever	106946
is applicable. The proceedings in the probate court shall be	106947
conducted pursuant to Chapter 5122. or 5123. of the Revised Code	106948
except as modified by this division.	106949

Upon the request of the inmate patient, the probate court	106950
shall grant the inmate patient an initial hearing under section	106951
5122.141 of the Revised Code or a probable cause hearing under	106952
section 5123.75 of the Revised Code before the expiration of the	106953
stated prison term. After holding a full hearing, the probate	106954
court shall make a disposition authorized by section 5122.15 or	106955
5123.76 of the Revised Code before the date of the expiration of	106956
the stated prison term. No inmate patient shall be held in the	106957
custody of the department of rehabilitation and correction past	106958
the date of the expiration of the inmate patient's stated prison	106959
term.	106960

(J) The department of rehabilitation and correction shall set	106961
standards for treatment provided to inmate patients~~, consistent~~	106962
~~where applicable with the standards set by the joint commission on~~	106963
~~accreditation of healthcare organizations~~.	106964

(K) A certificate, application, record, or report that is	106965
made in compliance with this section and that directly or	106966
indirectly identifies an inmate or former inmate whose	106967
hospitalization has been sought under this section is	106968
confidential. No person shall disclose the contents of any	106969
certificate, application, record, or report of that nature or any	106970
other psychiatric or medical record or report regarding a mentally	106971
ill inmate unless one of the following applies:	106972

(1) The person identified, or the person's legal guardian, if	106973
any, consents to disclosure, and the chief clinical officer or	106974
designee of mental health services of the department of	106975
rehabilitation and correction determines that disclosure is in the	106976
best interests of the person.	106977

(2) Disclosure is required by a court order signed by a	106978
judge.	106979

(3) An inmate patient seeks access to the inmate patient's	106980
own psychiatric and medical records, unless access is specifically	106981
restricted in the treatment plan for clear treatment reasons.	106982

(4) Hospitals and other institutions and facilities within	106983
the department of rehabilitation and correction may exchange	106984
psychiatric records and other pertinent information with other	106985
hospitals, institutions, and facilities of the department, but the	106986
information that may be released about an inmate patient is	106987
limited to medication history, physical health status and history,	106988
summary of course of treatment in the hospital, summary of	106989
treatment needs, and a discharge summary, if any.	106990

(5) An inmate patient's family member who is involved in	106991
planning, providing, and monitoring services to the inmate patient	106992
may receive medication information, a summary of the inmate	106993
patient's diagnosis and prognosis, and a list of the services and	106994
personnel available to assist the inmate patient and family if the	106995
attending physician determines that disclosure would be in the	106996
best interest of the inmate patient. No disclosure shall be made	106997
under this division unless the inmate patient is notified of the	106998
possible disclosure, receives the information to be disclosed, and	106999
does not object to the disclosure.	107000

(6) The department of rehabilitation and correction may	107001
exchange psychiatric hospitalization records, other mental health	107002
treatment records, and other pertinent information with county	107003
sheriffs' offices, hospitals, institutions, and facilities of the	107004
department of mental health and with community mental health	107005
agencies and boards of alcohol, drug addiction, and mental health	107006
services with which the department of mental health has a current	107007
agreement for patient care or services to ensure continuity of	107008
care. Disclosure under this division is limited to records	107009
regarding a mentally ill inmate's medication history, physical	107010
health status and history, summary of course of treatment, summary	107011
of treatment needs, and a discharge summary, if any. No office,	107012
department, agency, or board shall disclose the records and other	107013
information unless one of the following applies:	107014

(a) The mentally ill inmate is notified of the possible	107015
disclosure and consents to the disclosure.	107016

(b) The mentally ill inmate is notified of the possible	107017
disclosure, an attempt to gain the consent of the inmate is made,	107018
and the office, department, agency, or board documents the attempt	107019
to gain consent, the inmate's objections, if any, and the reasons	107020
for disclosure in spite of the inmate's objections.	107021

(7) Information may be disclosed to staff members designated	107022
by the director of rehabilitation and correction for the purpose	107023
of evaluating the quality, effectiveness, and efficiency of	107024
services and determining if the services meet minimum standards.	107025

The name of an inmate patient shall not be retained with the	107026
information obtained during the evaluations.	107027

(L) The director of rehabilitation and correction may adopt	107028
rules setting forth guidelines for the procedures required under	107029
divisions (B), (C)(1), and (C)(2) of this section.	107030

Sec. 5120.22. (A) The division of business administration	107031
shall examine the conditions of all buildings, grounds, and other	107032
property connected with the institutions under the control of the	107033
department of rehabilitation and correction, the methods of	107034
bookkeeping and storekeeping, and all matters relating to the	107035
management of such property. The division shall study and become	107036
familiar with the advantages and disadvantages of each as to	107037
location, freight rates, and efficiency of farm and equipment, for	107038
the purpose of aiding in the determination of the local and	107039
general requirements both for maintenance and improvements.	107040

(B) The division, with respect to the various types of	107041
state-owned housing under jurisdiction of the department, shall	107042
adopt, in accordance with section 111.15 of the Revised Code,	107043
rules governing maintenance of the housing and its usage by	107044
department personnel. The rules shall include a procedure for	107045
determining charges for rent and utilities, which the division	107046
shall assess against and collect from department personnel using	107047
the housing. All money collected for rent and utilities pursuant	107048
to the rules shall be deposited into the property receipts fund,	107049
which is hereby created in the state treasury. Money in the fund	107050
shall be used for any expenses necessary to provide housing of	107051
department employees, including but not limited to expenses for	107052
the acquisition, construction, operation, maintenance, repair,	107053
reconstruction, or demolition of land and buildings.	107054

(C) The division may enter into a lease or agreement with a	107055
state agency, political subdivision of the state, or private	107056
entity to use facilities or other property under the jurisdiction	107057
of the department that is not being utilized by the department.	107058
All money collected for leasing and services performed in	107059
accordance with the lease or agreement shall be deposited into the	107060
property receipts fund created under division (B) of this section.	107061
Money in the fund shall be used for any expenses resulting from	107062
the lease or agreement, including, but not limited to, expenses	107063
for services performed, construction, maintenance, repair,	107064
reconstruction, or demolition of the facilities or other property.	107065

Sec. 5120.28. (A) The department of rehabilitation and	107066
correction, subject to the approval of the office of budget and	107067
management, shall fix the prices at which all labor and services	107068
performed, all agricultural products produced, and all articles	107069
manufactured in correctional and penal institutions shall be	107070
furnished to the state, the political subdivisions of the state,	107071
and the public institutions of the state and the political	107072
subdivisions, and to private persons. The prices shall be uniform	107073
to all and not higher than the usual market price for like labor,	107074
products, services, and articles.	107075

(B) Any money received by the department of rehabilitation	107076
and correction for labor and services performed ~~and agricultural~~	107077
~~products produced~~ shall be deposited into the institutional	107078
services ~~and agricultural~~ fund created pursuant to division (A) of	107079
section 5120.29 of the Revised Code and shall be used and	107080
accounted for as provided in that section and division (B) of	107081
section 5145.03 of the Revised Code.	107082

(C) Any money received by the department of rehabilitation	107083
and correction for articles manufactured and agricultural products	107084
produced in penal and correctional institutions shall be deposited	107085
into the Ohio penal industries manufacturing fund created pursuant	107086
to division (B) of section 5120.29 of the Revised Code and shall	107087
be used and accounted for as provided in that section and division	107088
(B) of section 5145.03 of the Revised Code.	107089

Sec. 5120.29. (A) There is hereby created, in the state	107090
treasury, the institutional services ~~and agricultural~~ fund, which	107091
shall be used for the:	107092

(1) Purchase of material, supplies, and equipment and the	107093
erection and extension of buildings used in ~~service industries and~~	107094
~~agriculture~~services provided between institutions of the	107095
department of rehabilitation and correction;	107096

(2) ~~Purchase of lands and buildings necessary to carry on or~~	107097
~~extend the service industries and agriculture, upon the approval~~	107098
~~of the governor;~~	107099

~~(3)~~ Payment of compensation to employees necessary to carry	107100
on ~~the service industries and agriculture~~institutional services;	107101

~~(4)~~(3) Payment of prisoners confined in state correctional	107102
institutions a portion of their earnings in accordance with rules	107103
adopted pursuant to section 5145.03 of the Revised Code.	107104

(B) There is hereby created, in the state treasury, the Ohio	107105
penal industries manufacturing fund, which shall be used for the:	107106

(1) Purchase of material, supplies, and equipment and the	107107
erection and extension of buildings used in manufacturing	107108
industries and agriculture;	107109

(2) Purchase of lands and buildings necessary to carry on or	107110
extend the manufacturing industries and agriculture upon the	107111
approval of the governor;	107112

(3) Payment of compensation to employees necessary to carry	107113
on the manufacturing industries and agriculture;	107114

(4) Payment of prisoners confined in state correctional	107115
institutions a portion of their earnings in accordance with rules	107116
adopted pursuant to section 5145.03 of the Revised Code.	107117

(C) The department of rehabilitation and correction shall, in	107118
accordance with rules adopted pursuant to section 5145.03 of the	107119
Revised Code and subject to any pledge made as provided in	107120
division (D) of this section, place to the credit of each prisoner	107121
~~his~~the prisoner's earnings and pay the earnings so credited to	107122
the prisoner or ~~his~~the prisoner's family.	107123

(D) Receipts credited to the funds created in divisions (A)	107124
and (B) of this section constitute available receipts as defined	107125
in section 152.09 of the Revised Code, and may be pledged to the	107126
payment of bond service charges on obligations issued by the Ohio	107127
building authority pursuant to Chapter 152. of the Revised Code to	107128
construct, reconstruct, or otherwise improve capital facilities	107129
useful to the department. The authority may, with the consent of	107130
the department, provide in the bond proceedings for a pledge of	107131
all or such portion of receipts credited to the funds as the	107132
authority determines. The authority may provide in the bond	107133
proceedings for the transfer of receipts credited to the funds to	107134
the appropriate bond service fund or bond service reserve fund as	107135
required to pay the bond service charges when due, and any such	107136
provision for the transfer of receipts shall be controlling	107137
notwithstanding any other provision of law pertaining to such	107138
receipts.	107139

All receipts received by the treasurer of state on account of	107140
the department and required by the applicable bond proceedings to	107141
be deposited, transferred, or credited to the bond service fund or	107142
bond service reserve fund established by such bond proceedings	107143
shall be transferred by the treasurer of state to such fund,	107144
whether or not such fund is in the custody of the treasurer of	107145
state, without necessity for further appropriation, upon receipt	107146
of notice from the Ohio building authority as prescribed in the	107147
bond proceedings. The authority may covenant in the bond	107148
proceedings that so long as any obligations are outstanding to	107149
which receipts credited to the fund are pledged, the state and the	107150
department shall neither reduce the prices charged pursuant to	107151
section 5120.28 of the Revised Code nor the level of manpower	107152
collectively devoted to the production of goods and services for	107153
which prices are set pursuant to section 5120.28 of the Revised	107154
Code, which covenant shall be controlling notwithstanding any	107155
other provision of law; provided, that no covenant shall require	107156
the general assembly to appropriate money derived from the levying	107157
of excises or taxes to purchase such goods and services or to pay	107158
rent or bond service charges.	107159

Sec. 5122.01. As used in this chapter and Chapter 5119. of	107160
the Revised Code:	107161

(A) "Mental illness" means a substantial disorder of thought,	107162
mood, perception, orientation, or memory that grossly impairs	107163
judgment, behavior, capacity to recognize reality, or ability to	107164
meet the ordinary demands of life.	107165

(B) "Mentally ill person subject to hospitalization by court	107166
order" means a mentally ill person who, because of the person's	107167
illness:	107168

(1) Represents a substantial risk of physical harm to self as	107169
manifested by evidence of threats of, or attempts at, suicide or	107170
serious self-inflicted bodily harm;	107171

(2) Represents a substantial risk of physical harm to others	107172
as manifested by evidence of recent homicidal or other violent	107173
behavior, evidence of recent threats that place another in	107174
reasonable fear of violent behavior and serious physical harm, or	107175
other evidence of present dangerousness;	107176

(3) Represents a substantial and immediate risk of serious	107177
physical impairment or injury to self as manifested by evidence	107178
that the person is unable to provide for and is not providing for	107179
the person's basic physical needs because of the person's mental	107180
illness and that appropriate provision for those needs cannot be	107181
made immediately available in the community; or	107182

(4) Would benefit from treatment in a hospital for the	107183
person's mental illness and is in need of such treatment as	107184
manifested by evidence of behavior that creates a grave and	107185
imminent risk to substantial rights of others or the person.	107186

(C)(1) "Patient" means, subject to division (C)(2) of this	107187
section, a person who is admitted either voluntarily or	107188
involuntarily to a hospital or other place under section 2945.39,	107189
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	107190
finding of not guilty by reason of insanity or incompetence to	107191
stand trial or under this chapter, who is under observation or	107192
receiving treatment in such place.	107193

(2) "Patient" does not include a person admitted to a	107194
hospital or other place under section 2945.39, 2945.40, 2945.401,	107195
or 2945.402 of the Revised Code to the extent that the reference	107196
in this chapter to patient, or the context in which the reference	107197
occurs, is in conflict with any provision of sections 2945.37 to	107198
2945.402 of the Revised Code.	107199

(D) "Licensed physician" means a person licensed under the	107200
laws of this state to practice medicine or a medical officer of	107201
the government of the United States while in this state in the	107202
performance of the person's official duties.	107203

(E) "Psychiatrist" means a licensed physician who has	107204
satisfactorily completed a residency training program in	107205
psychiatry, as approved by the residency review committee of the	107206
American medical association, the committee on post-graduate	107207
education of the American osteopathic association, or the American	107208
osteopathic board of neurology and psychiatry, or who on July 1,	107209
1989, has been recognized as a psychiatrist by the Ohio state	107210
medical association or the Ohio osteopathic association on the	107211
basis of formal training and five or more years of medical	107212
practice limited to psychiatry.	107213

(F) "Hospital" means a hospital or inpatient unit licensed by	107214
the department of mental health under section 5119.20 of the	107215
Revised Code, and any institution, hospital, or other place	107216
established, controlled, or supervised by the department under	107217
Chapter 5119. of the Revised Code.	107218

(G) "Public hospital" means a facility that is tax-supported	107219
and under the jurisdiction of the department of mental health.	107220

(H) "Community mental health agency" means ~~any~~an agency,	107221
~~program, or facility with which a board of alcohol, drug~~	107222
~~addiction, and mental health services contracts to provide the~~	107223
that provides community mental health services ~~listed in~~that are	107224
certified by the director of mental health under section ~~340.09~~	107225
5119.611 of the Revised Code.	107226

(I) "Licensed clinical psychologist" means a person who holds	107227
a current valid psychologist license issued under section 4732.12	107228
or 4732.15 of the Revised Code, and in addition, meets either of	107229
the following criteria:	107230

(1) Meets the educational requirements set forth in division	107231
(B) of section 4732.10 of the Revised Code and has a minimum of	107232
two years' full-time professional experience, or the equivalent as	107233
determined by rule of the state board of psychology, at least one	107234
year of which shall be a predoctoral internship, in clinical	107235
psychological work in a public or private hospital or clinic or in	107236
private practice, diagnosing and treating problems of mental	107237
illness or mental retardation under the supervision of a	107238
psychologist who is licensed or who holds a diploma issued by the	107239
American board of professional psychology, or whose qualifications	107240
are substantially similar to those required for licensure by the	107241
state board of psychology when the supervision has occurred prior	107242
to enactment of laws governing the practice of psychology;	107243

(2) Meets the educational requirements set forth in division	107244
(B) of section 4732.15 of the Revised Code and has a minimum of	107245
four years' full-time professional experience, or the equivalent	107246
as determined by rule of the state board of psychology, in	107247
clinical psychological work in a public or private hospital or	107248
clinic or in private practice, diagnosing and treating problems of	107249
mental illness or mental retardation under supervision, as set	107250
forth in division (I)(1) of this section.	107251

(J) "Health officer" means any public health physician;	107252
public health nurse; or other person authorized by or designated	107253
by a city health district; a general health district; or a board	107254
of alcohol, drug addiction, and mental health services to perform	107255
the duties of a health officer under this chapter.	107256

(K) "Chief clinical officer" means the medical director of a	107257
hospital, or a community mental health agency, or a board of	107258
alcohol, drug addiction, and mental health services, or, if there	107259
is no medical director, the licensed physician responsible for the	107260
treatment a hospital or community mental health agency provides.	107261
The chief clinical officer may delegate to the attending physician	107262
responsible for a patient's care the duties imposed on the chief	107263
clinical officer by this chapter. Within a community mental health	107264
agency, the chief clinical officer shall be designated by the	107265
governing body of the agency and shall be a licensed physician or	107266
licensed clinical psychologist who supervises diagnostic and	107267
treatment services. A licensed physician or licensed clinical	107268
psychologist designated by the chief clinical officer may perform	107269
the duties and accept the responsibilities of the chief clinical	107270
officer in the chief clinical officer's absence.	107271

(L) "Working day" or "court day" means Monday, Tuesday,	107272
Wednesday, Thursday, and Friday, except when such day is a	107273
holiday.	107274

(M) "Indigent" means unable without deprivation of	107275
satisfaction of basic needs to provide for the payment of an	107276
attorney and other necessary expenses of legal representation,	107277
including expert testimony.	107278

(N) "Respondent" means the person whose detention,	107279
commitment, hospitalization, continued hospitalization or	107280
commitment, or discharge is being sought in any proceeding under	107281
this chapter.	107282

(O) "Legal rights service" means the service established	107283
under section 5123.60 of the Revised Code.	107284

(P) "Independent expert evaluation" means an evaluation	107285
conducted by a licensed clinical psychologist, psychiatrist, or	107286
licensed physician who has been selected by the respondent or the	107287
respondent's counsel and who consents to conducting the	107288
evaluation.	107289

(Q) "Court" means the probate division of the court of common	107290
pleas.	107291

(R) "Expunge" means:

107292

(1) The removal and destruction of court files and records,	107293
originals and copies, and the deletion of all index references;	107294

(2) The reporting to the person of the nature and extent of	107295
any information about the person transmitted to any other person	107296
by the court;	107297

(3) Otherwise insuring that any examination of court files	107298
and records in question shall show no record whatever with respect	107299
to the person;	107300

(4) That all rights and privileges are restored, and that the	107301
person, the court, and any other person may properly reply that no	107302
such record exists, as to any matter expunged.	107303

(S) "Residence" means a person's physical presence in a	107304
county with intent to remain there, except that:	107305

(1) If a person is receiving a mental health service at a	107306
facility that includes nighttime sleeping accommodations,	107307
residence means that county in which the person maintained the	107308
person's primary place of residence at the time the person entered	107309
the facility;	107310

(2) If a person is committed pursuant to section 2945.38,	107311
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	107312
residence means the county where the criminal charges were filed.	107313

When the residence of a person is disputed, the matter of	107314
residence shall be referred to the department of mental health for	107315
investigation and determination. Residence shall not be a basis	107316
for a board's denying services to any person present in the	107317
board's service district, and the board shall provide services for	107318
a person whose residence is in dispute while residence is being	107319
determined and for a person in an emergency situation.	107320

(T) "Admission" to a hospital or other place means that a	107321
patient is accepted for and stays at least one night at the	107322
hospital or other place.	107323

(U) "Prosecutor" means the prosecuting attorney, village	107324
solicitor, city director of law, or similar chief legal officer	107325
who prosecuted a criminal case in which a person was found not	107326
guilty by reason of insanity, who would have had the authority to	107327
prosecute a criminal case against a person if the person had not	107328
been found incompetent to stand trial, or who prosecuted a case in	107329
which a person was found guilty.	107330

(V) "Treatment plan" means a written statement of reasonable	107331
objectives and goals for an individual established by the	107332
treatment team, with specific criteria to evaluate progress	107333
towards achieving those objectives. The active participation of	107334
the patient in establishing the objectives and goals shall be	107335
documented. The treatment plan shall be based on patient needs and	107336
include services to be provided to the patient while the patient	107337
is hospitalized and after the patient is discharged. The treatment	107338
plan shall address services to be provided upon discharge,	107339
including but not limited to housing, financial, and vocational	107340
services.	107341

(W) "Community control sanction" has the same meaning as in	107342
section 2929.01 of the Revised Code.	107343

(X) "Post-release control sanction" has the same meaning as	107344
in section 2967.01 of the Revised Code.	107345

Sec. 5122.15. (A) Full hearings shall be conducted in a	107346
manner consistent with this chapter and with due process of law.	107347
The hearings shall be conducted by a judge of the probate court or	107348
a referee designated by a judge of the probate court and may be	107349
conducted in or out of the county in which the respondent is held.	107350
Any referee designated under this division shall be an attorney.	107351

(1) With the consent of the respondent, the following shall	107352
be made available to counsel for the respondent:	107353

(a) All relevant documents, information, and evidence in the	107354
custody or control of the state or prosecutor;	107355

(b) All relevant documents, information, and evidence in the	107356
custody or control of the hospital in which the respondent	107357
currently is held, or in which the respondent has been held	107358
pursuant to this chapter;	107359

(c) All relevant documents, information, and evidence in the	107360
custody or control of any hospital, facility, or person not	107361
included in division (A)(1)(a) or (b) of this section.	107362

(2) The respondent has the right to attend the hearing and to	107363
be represented by counsel of the respondent's choice. The right to	107364
attend the hearing may be waived only by the respondent or counsel	107365
for the respondent after consultation with the respondent.	107366

(3) If the respondent is not represented by counsel, is	107367
absent from the hearing, and has not validly waived the right to	107368
counsel, the court shall appoint counsel immediately to represent	107369
the respondent at the hearing, reserving the right to tax costs of	107370
appointed counsel to the respondent, unless it is shown that the	107371
respondent is indigent. If the court appoints counsel, or if the	107372
court determines that the evidence relevant to the respondent's	107373
absence does not justify the absence, the court shall continue the	107374
case.	107375

(4) The respondent shall be informed that the respondent may	107376
retain counsel and have independent expert evaluation. If the	107377
respondent is unable to obtain an attorney, the respondent shall	107378
be represented by court-appointed counsel. If the respondent is	107379
indigent, court-appointed counsel and independent expert	107380
evaluation shall be provided as an expense under section 5122.43	107381
of the Revised Code.	107382

(5) The hearing shall be closed to the public, unless counsel	107383
for the respondent, with the permission of the respondent,	107384
requests that the hearing be open to the public.	107385

(6) If the hearing is closed to the public, the court, for	107386
good cause shown, may admit persons who have a legitimate interest	107387
in the proceedings. If the respondent, the respondent's counsel,	107388
the designee of the director or of the chief clinical officer	107389
objects to the admission of any person, the court shall hear the	107390
objection and any opposing argument and shall rule upon the	107391
admission of the person to the hearing.	107392

(7) The affiant under section 5122.11 of the Revised Code	107393
shall be subject to subpoena by either party.	107394

(8) The court shall examine the sufficiency of all documents	107395
filed and shall inform the respondent, if present, and the	107396
respondent's counsel of the nature and content of the documents	107397
and the reason for which the respondent is being detained, or for	107398
which the respondent's placement is being sought.	107399

(9) The court shall receive only reliable, competent, and	107400
material evidence.	107401

(10) Unless proceedings are initiated pursuant to section	107402
5120.17 or 5139.08 of the Revised Code or proceedings are	107403
initiated regarding a resident of the service district of a board	107404
of alcohol, drug addiction, and mental health services that elects	107405
under division ~~(B)(3)(b)~~(C)(2) of section 5119.62 of the Revised	107406
Code not to accept the amount allocated to it under ~~division~~	107407
~~(B)(1) of~~ that section, an attorney that the board designates	107408
shall present the case demonstrating that the respondent is a	107409
mentally ill person subject to hospitalization by court order. The	107410
attorney shall offer evidence of the diagnosis, prognosis, record	107411
of treatment, if any, and less restrictive treatment plans, if	107412
any. In proceedings pursuant to section 5120.17 or 5139.08 of the	107413
Revised Code and in proceedings in which the respondent is a	107414
resident of a service district of a board that elects under	107415
division ~~(B)(3)(b)~~(C)(2) of section 5119.62 of the Revised Code	107416
not to accept the amount allocated to it under ~~division (B)(1) of~~	107417
that section, the attorney general shall designate an attorney who	107418
shall present the case demonstrating that the respondent is a	107419
mentally ill person subject to hospitalization by court order. The	107420
attorney shall offer evidence of the diagnosis, prognosis, record	107421
of treatment, if any, and less restrictive treatment plans, if	107422
any.	107423

(11) The respondent or the respondent's counsel has the right	107424
to subpoena witnesses and documents and to examine and	107425
cross-examine witnesses.	107426

(12) The respondent has the right, but shall not be	107427
compelled, to testify, and shall be so advised by the court.	107428

(13) On motion of the respondent or the respondent's counsel	107429
for good cause shown, or on the court's own motion, the court may	107430
order a continuance of the hearing.	107431

(14) If the respondent is represented by counsel and the	107432
respondent's counsel requests a transcript and record, or if the	107433
respondent is not represented by counsel, the court shall make and	107434
maintain a full transcript and record of the proceeding. If the	107435
respondent is indigent and the transcript and record is made, a	107436
copy shall be provided to the respondent upon request and be	107437
treated as an expense under section 5122.43 of the Revised Code.	107438

(15) To the extent not inconsistent with this chapter, the	107439
Rules of Civil Procedure are applicable.	107440

(B) Unless, upon completion of the hearing the court finds by	107441
clear and convincing evidence that the respondent is a mentally	107442
ill person subject to hospitalization by court order, it shall	107443
order the respondent's discharge immediately.	107444

(C) If, upon completion of the hearing, the court finds by	107445
clear and convincing evidence that the respondent is a mentally	107446
ill person subject to hospitalization by court order, the court	107447
shall order the respondent for a period not to exceed ninety days	107448
to any of the following:	107449

(1) A hospital operated by the department of mental health if	107450
the respondent is committed pursuant to section 5139.08 of the	107451
Revised Code;	107452

(2) A nonpublic hospital;

107453

(3) The veterans' administration or other agency of the	107454
United States government;	107455

(4) A board of alcohol, drug addiction, and mental health	107456
services or agency the board designates;	107457

(5) Receive private psychiatric or psychological care and	107458
treatment;	107459

(6) Any other suitable facility or person consistent with the	107460
diagnosis, prognosis, and treatment needs of the respondent.	107461

(D) Any order made pursuant to division (C)(2), (3), (5), or	107462
(6) of this section shall be conditioned upon the receipt by the	107463
court of consent by the hospital, facility, agency, or person to	107464
accept the respondent.	107465

(E) In determining the place to which, or the person with	107466
whom, the respondent is to be committed, the court shall consider	107467
the diagnosis, prognosis, preferences of the respondent and the	107468
projected treatment plan for the respondent and shall order the	107469
implementation of the least restrictive alternative available and	107470
consistent with treatment goals. If the court determines that the	107471
least restrictive alternative available that is consistent with	107472
treatment goals is inpatient hospitalization, the court's order	107473
shall so state.	107474

(F) During such ninety-day period the hospital; facility;	107475
board of alcohol, drug addiction, and mental health services;	107476
agency the board designates; or person shall examine and treat the	107477
individual. If, at any time prior to the expiration of the	107478
ninety-day period, it is determined by the hospital, facility,	107479
board, agency, or person that the respondent's treatment needs	107480
could be equally well met in an available and appropriate less	107481
restrictive environment, both of the following apply:	107482

(1) The respondent shall be released from the care of the	107483
hospital, agency, facility, or person immediately and shall be	107484
referred to the court together with a report of the findings and	107485
recommendations of the hospital, agency, facility, or person; and	107486

(2) The hospital, agency, facility, or person shall notify	107487
the respondent's counsel or the attorney designated by a board of	107488
alcohol, drug addiction, and mental health services or, if the	107489
respondent was committed to a board or an agency designated by the	107490
board, it shall place the respondent in the least restrictive	107491
environment available consistent with treatment goals and notify	107492
the court and the respondent's counsel of the placement.	107493

The court shall dismiss the case or order placement in the	107494
least restrictive environment.	107495

(G)(1) Except as provided in divisions (G)(2) and (3) of this	107496
section, any person who has been committed under this section, or	107497
for whom proceedings for hospitalization have been commenced	107498
pursuant to section 5122.11 of the Revised Code, may apply at any	107499
time for voluntary admission to the hospital, facility, agency	107500
that the board designates, or person to which the person was	107501
committed. Upon admission as a voluntary patient the chief	107502
clinical officer of the hospital, agency, or other facility, or	107503
the person immediately shall notify the court, the patient's	107504
counsel, and the attorney designated by the board, if the attorney	107505
has entered the proceedings, in writing of that fact, and, upon	107506
receipt of the notice, the court shall dismiss the case.	107507

(2) A person who is found incompetent to stand trial or not	107508
guilty by reason of insanity and who is committed pursuant to	107509
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	107510
Code shall not voluntarily commit the person pursuant to this	107511
section until after the final termination of the commitment, as	107512
described in division (J) of section 2945.401 of the Revised Code.	107513

(H) If, at the end of the first ninety-day period or any	107514
subsequent period of continued commitment, there has been no	107515
disposition of the case, either by discharge or voluntary	107516
admission, the hospital, facility, board, agency, or person shall	107517
discharge the patient immediately, unless at least ten days before	107518
the expiration of the period the attorney the board designates or	107519
the prosecutor files with the court an application for continued	107520
commitment. The application of the attorney or the prosecutor	107521
shall include a written report containing the diagnosis,	107522
prognosis, past treatment, a list of alternative treatment	107523
settings and plans, and identification of the treatment setting	107524
that is the least restrictive consistent with treatment needs. The	107525
attorney the board designates or the prosecutor shall file the	107526
written report at least three days prior to the full hearing. A	107527
copy of the application and written report shall be provided to	107528
the respondent's counsel immediately.	107529

The court shall hold a full hearing on applications for	107530
continued commitment at the expiration of the first ninety-day	107531
period and at least every two years after the expiration of the	107532
first ninety-day period.	107533

Hearings following any application for continued commitment	107534
are mandatory and may not be waived.	107535

Upon request of a person who is involuntarily committed under	107536
this section, or the person's counsel, that is made more than one	107537
hundred eighty days after the person's last full hearing,	107538
mandatory or requested, the court shall hold a full hearing on the	107539
person's continued commitment. Upon the application of a person	107540
involuntarily committed under this section, supported by an	107541
affidavit of a psychiatrist or licensed clinical psychologist,	107542
alleging that the person no longer is a mentally ill person	107543
subject to hospitalization by court order, the court for good	107544
cause shown may hold a full hearing on the person's continued	107545
commitment prior to the expiration of one hundred eighty days	107546
after the person's last full hearing. Section 5122.12 of the	107547
Revised Code applies to all hearings on continued commitment.	107548

If the court, after a hearing for continued commitment finds	107549
by clear and convincing evidence that the respondent is a mentally	107550
ill person subject to hospitalization by court order, the court	107551
may order continued commitment at places specified in division (C)	107552
of this section.	107553

(I) Unless the admission is pursuant to section 5120.17 or	107554
5139.08 of the Revised Code, the chief clinical officer of the	107555
hospital or agency admitting a respondent pursuant to a judicial	107556
proceeding, within ten working days of the admission, shall make a	107557
report of the admission to the board of alcohol, drug addiction,	107558
and mental health services serving the respondent's county of	107559
residence.	107560

(J) A referee appointed by the court may make all orders that	107561
a judge may make under this section and sections 5122.11 and	107562
5122.141 of the Revised Code, except an order of contempt of	107563
court. The orders of a referee take effect immediately. Within	107564
fourteen days of the making of an order by a referee, a party may	107565
file written objections to the order with the court. The filed	107566
objections shall be considered a motion, shall be specific, and	107567
shall state their grounds with particularity. Within ten days of	107568
the filing of the objections, a judge of the court shall hold a	107569
hearing on the objections and may hear and consider any testimony	107570
or other evidence relating to the respondent's mental condition.	107571
At the conclusion of the hearing, the judge may ratify, rescind,	107572
or modify the referee's order.	107573

(K) An order of the court under division (C), (H), or (J) of	107574
this section is a final order.	107575

(L) Before a board, or an agency the board designates, may	107576
place an unconsenting respondent in an inpatient setting from a	107577
less restrictive placement, the board or agency shall do all of	107578
the following:	107579

(1) Determine that the respondent is in immediate need of	107580
treatment in an inpatient setting because the respondent	107581
represents a substantial risk of physical harm to the respondent	107582
or others if allowed to remain in a less restrictive setting;	107583

(2) On the day of placement in the inpatient setting or on	107584
the next court day, file with the court a motion for transfer to	107585
an inpatient setting or communicate to the court by telephone that	107586
the required motion has been mailed;	107587

(3) Ensure that every reasonable and appropriate effort is	107588
made to take the respondent to the inpatient setting in the least	107589
conspicuous manner possible;	107590

(4) Immediately notify the board's designated attorney and	107591
the respondent's attorney.	107592

At the respondent's request, the court shall hold a hearing	107593
on the motion and make a determination pursuant to division (E) of	107594
this section within five days of the placement.	107595

(M) Before a board, or an agency the board designates, may	107596
move a respondent from one residential placement to another, the	107597
board or agency shall consult with the respondent about the	107598
placement. If the respondent objects to the placement, the	107599
proposed placement and the need for it shall be reviewed by a	107600
qualified mental health professional who otherwise is not involved	107601
in the treatment of the respondent.	107602

Sec. 5122.21. (A) The chief clinical officer shall as	107603
frequently as practicable, and at least once every thirty days,	107604
examine or cause to be examined every patient, and, whenever the	107605
chief clinical officer determines that the conditions justifying	107606
involuntary hospitalization or commitment no longer obtain, shall,	107607
~~except as provided in division (C) of this section,~~ discharge the	107608
patient not under indictment or conviction for crime and	107609
immediately make a report of the discharge to the department of	107610
mental health. The chief clinical officer may discharge a patient	107611
who is under an indictment, a sentence of imprisonment, a	107612
community control sanction, or a post-release control sanction or	107613
on parole ten days after written notice of intent to discharge the	107614
patient has been given by personal service or certified mail,	107615
return receipt requested, to the court having criminal	107616
jurisdiction over the patient. Except when the patient was found	107617
not guilty by reason of insanity and the defendant's commitment is	107618
pursuant to section 2945.40 of the Revised Code, the chief	107619
clinical officer has final authority to discharge a patient who is	107620
under an indictment, a sentence of imprisonment, a community	107621
control sanction, or a post-release control sanction or on parole.	107622

(B) After a finding pursuant to section 5122.15 of the	107623
Revised Code that a person is a mentally ill person subject to	107624
hospitalization by court order, the chief clinical officer of the	107625
hospital or agency to which the person is ordered or to which the	107626
person is transferred under section 5122.20 of the Revised Code,	107627
may~~, except as provided in division (C) of this section,~~ grant a	107628
discharge without the consent or authorization of any court.	107629

Upon discharge, the chief clinical officer shall notify the	107630
court that caused the judicial hospitalization of the discharge	107631
from the hospital.	107632

Sec. 5122.31. (A) All certificates, applications, records,	107633
and reports made for the purpose of this chapter and sections	107634
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	107635
Code, other than court journal entries or court docket entries,	107636
and directly or indirectly identifying a patient or former patient	107637
or person whose hospitalization has been sought under this	107638
chapter, shall be kept confidential and shall not be disclosed by	107639
any person except:	107640

(1) If the person identified, or the person's legal guardian,	107641
if any, or if the person is a minor, the person's parent or legal	107642
guardian, consents, and if the disclosure is in the best interests	107643
of the person, as may be determined by the court for judicial	107644
records and by the chief clinical officer for medical records;	107645

(2) When disclosure is provided for in this chapter or	107646
section 5123.60 of the Revised Code;	107647

(3) That hospitals, boards of alcohol, drug addiction, and	107648
mental health services, and community mental health agencies may	107649
release necessary medical information to insurers and other	107650
third-party payers, including government entities responsible for	107651
processing and authorizing payment, to obtain payment for goods	107652
and services furnished to the patient;	107653

(4) Pursuant to a court order signed by a judge;

107654

(5) That a patient shall be granted access to the patient's	107655
own psychiatric and medical records, unless access specifically is	107656
restricted in a patient's treatment plan for clear treatment	107657
reasons;	107658

(6) That hospitals and other institutions and facilities	107659
within the department of mental health may exchange psychiatric	107660
records and other pertinent information with other hospitals,	107661
institutions, and facilities of the department, and with community	107662
mental health agencies and boards of alcohol, drug addiction, and	107663
mental health services with which the department has a current	107664
agreement for patient care or services. Records and information	107665
that may be released pursuant to this division shall be limited to	107666
medication history, physical health status and history, financial	107667
status, summary of course of treatment in the hospital, summary of	107668
treatment needs, and a discharge summary, if any.	107669

(7) That hospitals within the department, other institutions	107670
and facilities within the department, hospitals licensed by the	107671
department under section 5119.20 of the Revised Code, and	107672
community mental health agencies may exchange psychiatric records	107673
and other pertinent information with payers and other providers of	107674
treatment and health services if the purpose of the exchange is to	107675
facilitate continuity of care for a patient;	107676

(8) That a patient's family member who is involved in the	107677
provision, planning, and monitoring of services to the patient may	107678
receive medication information, a summary of the patient's	107679
diagnosis and prognosis, and a list of the services and personnel	107680
available to assist the patient and the patient's family, if the	107681
patient's treating physician determines that the disclosure would	107682
be in the best interests of the patient. No such disclosure shall	107683
be made unless the patient is notified first and receives the	107684
information and does not object to the disclosure.	107685

(9) That community mental health agencies may exchange	107686
psychiatric records and certain other information with the board	107687
of alcohol, drug addiction, and mental health services and other	107688
agencies in order to provide services to a person involuntarily	107689
committed to a board. Release of records under this division shall	107690
be limited to medication history, physical health status and	107691
history, financial status, summary of course of treatment, summary	107692
of treatment needs, and discharge summary, if any.	107693

(10) That information may be disclosed to the executor or the	107694
administrator of an estate of a deceased patient when the	107695
information is necessary to administer the estate;	107696

(11) That records in the possession of the Ohio historical	107697
society may be released to the closest living relative of a	107698
deceased patient upon request of that relative;	107699

(12) That information may be disclosed to staff members of	107700
the appropriate board or to staff members designated by the	107701
director of mental health for the purpose of evaluating the	107702
quality, effectiveness, and efficiency of services and determining	107703
if the services meet minimum standards. Information obtained	107704
during such evaluations shall not be retained with the name of any	107705
patient.	107706

(13) That records pertaining to the patient's diagnosis,	107707
course of treatment, treatment needs, and prognosis shall be	107708
disclosed and released to the appropriate prosecuting attorney if	107709
the patient was committed pursuant to section 2945.38, 2945.39,	107710
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	107711
attorney designated by the board for proceedings pursuant to	107712
involuntary commitment under this chapter.	107713

(14) That the department of mental health may exchange	107714
psychiatric hospitalization records, other mental health treatment	107715
records, and other pertinent information with the department of	107716
rehabilitation and correction to ensure continuity of care for	107717
inmates who are receiving mental health services in an institution	107718
of the department of rehabilitation and correction. The department	107719
shall not disclose those records unless the inmate is notified,	107720
receives the information, and does not object to the disclosure.	107721
The release of records under this division is limited to records	107722
regarding an inmate's medication history, physical health status	107723
and history, summary of course of treatment, summary of treatment	107724
needs, and a discharge summary, if any.	107725

(15) That a community mental health agency that ceases to	107726
operate may transfer to either a community mental health agency	107727
that assumes its caseload or to the board of alcohol, drug	107728
addiction, and mental health services of the service district in	107729
which the patient resided at the time services were most recently	107730
provided any treatment records that have not been transferred	107731
elsewhere at the patient's request.	107732

(B) Before records are disclosed pursuant to divisions	107733
(A)(3), (6), (7), and (9) of this section, the custodian of the	107734
records shall attempt to obtain the patient's consent for the	107735
disclosure. No person shall reveal the contents of a medical	107736
record of a patient except as authorized by law.	107737

(C) The managing officer of a hospital who releases necessary	107738
medical information under division (A)(3) of this section to allow	107739
an insurance carrier or other third party payor to comply with	107740
section 5121.43 of the Revised Code shall neither be subject to	107741
criminal nor civil liability.	107742

Sec. 5122.341. (A) As used in this section:

107743

(1) "Facility or agency" means, in the context of a person	107744
committed to the department of mental health under sections	107745
2945.37 to 2945.402 of the Revised Code, any entity in which the	107746
department of mental health places such a person.	107747

(2) "Person committed to the department" means a person	107748
committed to the department of mental health under sections	107749
2945.37 to 2945.402 of the Revised Code.	107750

(B) No member of a board of directors, or employee, of a	107751
facility or agency in which the department of mental health places	107752
a person committed to the department is liable for injury or	107753
damages caused by any action or inaction taken within the scope of	107754
the board member's official duties or employee's employment	107755
relating to the commitment of, and services provided to, the	107756
person committed to the department, unless the action or inaction	107757
constitutes willful or wanton misconduct. A board member's or	107758
employee's action or inaction does not constitute willful or	107759
wanton misconduct if the board member or employee acted in good	107760
faith and reasonably under the circumstances and with the	107761
knowledge reasonably attributable to the board member or employee.	107762

The immunity from liability conferred by this section is in	107763
addition to and not in limitation of any immunity conferred by any	107764
other section of the Revised Code or by judicial precedent.	107765

Sec. 5123.01. As used in this chapter:

107766

(A) "Chief medical officer" means the licensed physician	107767
appointed by the managing officer of an institution for the	107768
mentally retarded with the approval of the director of	107769
developmental disabilities to provide medical treatment for	107770
residents of the institution.	107771

(B) "Chief program director" means a person with special	107772
training and experience in the diagnosis and management of the	107773
mentally retarded, certified according to division (C) of this	107774
section in at least one of the designated fields, and appointed by	107775
the managing officer of an institution for the mentally retarded	107776
with the approval of the director to provide habilitation and care	107777
for residents of the institution.	107778

(C) "Comprehensive evaluation" means a study, including a	107779
sequence of observations and examinations, of a person leading to	107780
conclusions and recommendations formulated jointly, with	107781
dissenting opinions if any, by a group of persons with special	107782
training and experience in the diagnosis and management of persons	107783
with mental retardation or a developmental disability, which group	107784
shall include individuals who are professionally qualified in the	107785
fields of medicine, psychology, and social work, together with	107786
such other specialists as the individual case may require.	107787

(D) "Education" means the process of formal training and	107788
instruction to facilitate the intellectual and emotional	107789
development of residents.	107790

(E) "Habilitation" means the process by which the staff of	107791
the institution assists the resident in acquiring and maintaining	107792
those life skills that enable the resident to cope more	107793
effectively with the demands of the resident's own person and of	107794
the resident's environment and in raising the level of the	107795
resident's physical, mental, social, and vocational efficiency.	107796
Habilitation includes but is not limited to programs of formal,	107797
structured education and training.	107798

(F) "Health officer" means any public health physician,	107799
public health nurse, or other person authorized or designated by a	107800
city or general health district.	107801

(G) "Home and community-based services" means medicaid-funded	107802
home and community-based services specified in division (B)(1) of	107803
section 5111.87 of the Revised Code provided under the medicaid	107804
waiver components the department of developmental disabilities	107805
administers pursuant to section 5111.871 of the Revised Code.	107806
However, home and community-based services provided under the	107807
medicaid waiver component known as the transitions developmental	107808
disabilities waiver are to be considered to be home and	107809
community-based services for the purposes of this chapter only to	107810
the extent, if any, provided by the contract required by section	107811
5111.871 of the Revised Code regarding the waiver.	107812

(H) "Indigent person" means a person who is unable, without	107813
substantial financial hardship, to provide for the payment of an	107814
attorney and for other necessary expenses of legal representation,	107815
including expert testimony.	107816

(I) "Institution" means a public or private facility, or a	107817
part of a public or private facility, that is licensed by the	107818
appropriate state department and is equipped to provide	107819
residential habilitation, care, and treatment for the mentally	107820
retarded.	107821

(J) "Licensed physician" means a person who holds a valid	107822
certificate issued under Chapter 4731. of the Revised Code	107823
authorizing the person to practice medicine and surgery or	107824
osteopathic medicine and surgery, or a medical officer of the	107825
government of the United States while in the performance of the	107826
officer's official duties.	107827

(K) "Managing officer" means a person who is appointed by the	107828
director of developmental disabilities to be in executive control	107829
of an institution for the mentally retarded under the jurisdiction	107830
of the department.	107831

(L) "Medicaid" has the same meaning as in section 5111.01 of	107832
the Revised Code.	107833

(M) "Medicaid case management services" means case management	107834
services provided to an individual with mental retardation or	107835
other developmental disability that the state medicaid plan	107836
requires.	107837

(N) "Mentally retarded person" means a person having	107838
significantly subaverage general intellectual functioning existing	107839
concurrently with deficiencies in adaptive behavior, manifested	107840
during the developmental period.	107841

(O) "Mentally retarded person subject to institutionalization	107842
by court order" means a person eighteen years of age or older who	107843
is at least moderately mentally retarded and in relation to whom,	107844
because of the person's retardation, either of the following	107845
conditions exist:	107846

(1) The person represents a very substantial risk of physical	107847
impairment or injury to self as manifested by evidence that the	107848
person is unable to provide for and is not providing for the	107849
person's most basic physical needs and that provision for those	107850
needs is not available in the community;	107851

(2) The person needs and is susceptible to significant	107852
habilitation in an institution.	107853

(P) "A person who is at least moderately mentally retarded"	107854
means a person who is found, following a comprehensive evaluation,	107855
to be impaired in adaptive behavior to a moderate degree and to be	107856
functioning at the moderate level of intellectual functioning in	107857
accordance with standard measurements as recorded in the most	107858
current revision of the manual of terminology and classification	107859
in mental retardation published by the American association on	107860
mental retardation.	107861

(Q) As used in this division, "substantial functional	107862
limitation," "developmental delay," and "established risk" have	107863
the meanings established pursuant to section 5123.011 of the	107864
Revised Code.	107865

"Developmental disability" means a severe, chronic disability	107866
that is characterized by all of the following:	107867

(1) It is attributable to a mental or physical impairment or	107868
a combination of mental and physical impairments, other than a	107869
mental or physical impairment solely caused by mental illness as	107870
defined in division (A) of section 5122.01 of the Revised Code.	107871

(2) It is manifested before age twenty-two.

107872

(3) It is likely to continue indefinitely.

107873

(4) It results in one of the following:

107874

(a) In the case of a person under three years of age, at	107875
least one developmental delay or an established risk;	107876

(b) In the case of a person at least three years of age but	107877
under six years of age, at least two developmental delays or an	107878
established risk;	107879

(c) In the case of a person six years of age or older, a	107880
substantial functional limitation in at least three of the	107881
following areas of major life activity, as appropriate for the	107882
person's age: self-care, receptive and expressive language,	107883
learning, mobility, self-direction, capacity for independent	107884
living, and, if the person is at least sixteen years of age,	107885
capacity for economic self-sufficiency.	107886

(5) It causes the person to need a combination and sequence	107887
of special, interdisciplinary, or other type of care, treatment,	107888
or provision of services for an extended period of time that is	107889
individually planned and coordinated for the person.	107890

(R) "Developmentally disabled person" means a person with a	107891
developmental disability.	107892

(S) "State institution" means an institution that is	107893
tax-supported and under the jurisdiction of the department.	107894

(T) "Residence" and "legal residence" have the same meaning	107895
as "legal settlement," which is acquired by residing in Ohio for a	107896
period of one year without receiving general assistance prior to	107897
July 17, 1995, under former Chapter 5113. of the Revised Code,	107898
financial assistance under Chapter 5115. of the Revised Code, or	107899
assistance from a private agency that maintains records of	107900
assistance given. A person having a legal settlement in the state	107901
shall be considered as having legal settlement in the assistance	107902
area in which the person resides. No adult person coming into this	107903
state and having a spouse or minor children residing in another	107904
state shall obtain a legal settlement in this state as long as the	107905
spouse or minor children are receiving public assistance, care, or	107906
support at the expense of the other state or its subdivisions. For	107907
the purpose of determining the legal settlement of a person who is	107908
living in a public or private institution or in a home subject to	107909
licensing by the department of job and family services, the	107910
department of mental health, or the department of developmental	107911
disabilities, the residence of the person shall be considered as	107912
though the person were residing in the county in which the person	107913
was living prior to the person's entrance into the institution or	107914
home. Settlement once acquired shall continue until a person has	107915
been continuously absent from Ohio for a period of one year or has	107916
acquired a legal residence in another state. A woman who marries a	107917
man with legal settlement in any county immediately acquires the	107918
settlement of her husband. The legal settlement of a minor is that	107919
of the parents, surviving parent, sole parent, parent who is	107920
designated the residential parent and legal custodian by a court,	107921
other adult having permanent custody awarded by a court, or	107922
guardian of the person of the minor, provided that:	107923

(1) A minor female who marries shall be considered to have	107924
the legal settlement of her husband and, in the case of death of	107925
her husband or divorce, she shall not thereby lose her legal	107926
settlement obtained by the marriage.	107927

(2) A minor male who marries, establishes a home, and who has	107928
resided in this state for one year without receiving general	107929
assistance prior to July 17, 1995, under former Chapter 5113. of	107930
the Revised Code, financial assistance under Chapter 5115. of the	107931
Revised Code, or assistance from a private agency that maintains	107932
records of assistance given shall be considered to have obtained a	107933
legal settlement in this state.	107934

(3) The legal settlement of a child under eighteen years of	107935
age who is in the care or custody of a public or private child	107936
caring agency shall not change if the legal settlement of the	107937
parent changes until after the child has been in the home of the	107938
parent for a period of one year.	107939

No person, adult or minor, may establish a legal settlement	107940
in this state for the purpose of gaining admission to any state	107941
institution.	107942

(U)(1) "Resident" means, subject to division (R)(2) of this	107943
section, a person who is admitted either voluntarily or	107944
involuntarily to an institution or other facility pursuant to	107945
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	107946
Code subsequent to a finding of not guilty by reason of insanity	107947
or incompetence to stand trial or under this chapter who is under	107948
observation or receiving habilitation and care in an institution.	107949

(2) "Resident" does not include a person admitted to an	107950
institution or other facility under section 2945.39, 2945.40,	107951
2945.401, or 2945.402 of the Revised Code to the extent that the	107952
reference in this chapter to resident, or the context in which the	107953
reference occurs, is in conflict with any provision of sections	107954
2945.37 to 2945.402 of the Revised Code.	107955

(V) "Respondent" means the person whose detention,	107956
commitment, or continued commitment is being sought in any	107957
proceeding under this chapter.	107958

(W) "Working day" and "court day" mean Monday, Tuesday,	107959
Wednesday, Thursday, and Friday, except when such day is a legal	107960
holiday.	107961

(X) "Prosecutor" means the prosecuting attorney, village	107962
solicitor, city director of law, or similar chief legal officer	107963
who prosecuted a criminal case in which a person was found not	107964
guilty by reason of insanity, who would have had the authority to	107965
prosecute a criminal case against a person if the person had not	107966
been found incompetent to stand trial, or who prosecuted a case in	107967
which a person was found guilty.	107968

(Y) "Court" means the probate division of the court of common	107969
pleas.	107970

(Z) "Supported living" ~~has~~and "residential services" have	107971
the same ~~meaning~~meanings as in section 5126.01 of the Revised	107972
Code.	107973

Sec. 5123.0412. (A) The department of developmental	107974
disabilities shall charge each county board of developmental	107975
disabilities an annual fee equal to one and ~~one-half~~one-quarter	107976
per cent of the total value of all medicaid paid claims for home	107977
and community-based services provided during the year to an	107978
individual eligible for services from the county board. No county	107979
board shall pass the cost of a fee charged to the county board	107980
under this section on to another provider of these services.	107981

(B) The fees collected under this section shall be deposited	107982
into the ODDD administration and oversight fund and the ODJFS	107983
administration and oversight fund, both of which are hereby	107984
created in the state treasury. The portion of the fees to be	107985
deposited into the ODDD administration and oversight fund and the	107986
portion of the fees to be deposited into the ODJFS administration	107987
and oversight fund shall be the portion specified in an	107988
interagency agreement entered into under division (C) of this	107989
section. The department of developmental disabilities shall use	107990
the money in the ODDD administration and oversight fund and the	107991
department of job and family services shall use the money in the	107992
ODJFS administration and oversight fund for both of the following	107993
purposes:	107994

(1) Medicaid administrative costs, including administrative	107995
and oversight costs of medicaid case management services and home	107996
and community-based services. The administrative and oversight	107997
costs of medicaid case management services and home and	107998
community-based services shall include costs for staff, systems,	107999
and other resources the departments need and dedicate solely to	108000
the following duties associated with the services:	108001

(a) Eligibility determinations;

108002

(b) Training;

108003

108004

(d) Claims processing;

108005

(e) Quality assurance oversight;

108006

(f) Other duties the departments identify.

108007

(2) Providing technical support to county boards' local	108008
administrative authority under section 5126.055 of the Revised	108009
Code for the services.	108010

(C) The departments of developmental disabilities and job and	108011
family services shall enter into an interagency agreement to do	108012
both of the following:	108013

(1) Specify which portion of the fees collected under this	108014
section is to be deposited into the ODDD administration and	108015
oversight fund and which portion is to be deposited into the ODJFS	108016
administration and oversight fund;	108017

(2) Provide for the departments to coordinate the staff whose	108018
costs are paid for with money in the ODDD administration and	108019
oversight fund and the ODJFS administration and oversight fund.	108020

(D) The departments shall submit an annual report to the	108021
director of budget and management certifying how the departments	108022
spent the money in the ODDD administration and oversight fund and	108023
the ODJFS administration and oversight fund for the purposes	108024
specified in division (B) of this section.	108025

Sec. 5123.0413. The department of developmental	108026
disabilities, in consultation with the department of job and	108027
family services, office of budget and management, and county	108028
boards of developmental disabilities, shall adopt rules in	108029
accordance with Chapter 119. of the Revised Code to establish both	108030
of the following in the event a county property tax levy for	108031
services for individuals with mental retardation or other	108032
developmental disability fails:	108033

(A) A method of paying for home and community-based services;

108034

(B) A method of reducing the number of individuals a county	108035
board would otherwise be required by section 5126.0512 of the	108036
Revised Code to ensure are enrolled in ~~a medicaid waiver component~~	108037
~~under which~~ home and community-based services ~~are provided~~.	108038

Sec. 5123.0417. (A) The director of developmental	108039
disabilities shall establish one or more programs for individuals	108040
under ~~twenty-one~~twenty-two years of age who have intensive	108041
behavioral needs, including such individuals with a primary	108042
diagnosis of autism spectrum disorder. The programs may include	108043
one or more medicaid waiver components that the director	108044
administers pursuant to section 5111.871 of the Revised Code. The	108045
programs may do one or more of the following:	108046

(1) Establish models that incorporate elements common to	108047
effective intervention programs and evidence-based practices in	108048
services for children with intensive behavioral needs;	108049

(2) Design a template for individualized education plans and	108050
individual service plans that provide consistent intervention	108051
programs and evidence-based practices for the care and treatment	108052
of children with intensive behavioral needs;	108053

(3) Disseminate best practice guidelines for use by families	108054
of children with intensive behavioral needs and professionals	108055
working with such families;	108056

(4) Develop a transition planning model for effectively	108057
mainstreaming school-age children with intensive behavioral needs	108058
to their public school district;	108059

(5) Contribute to the field of early and effective	108060
identification and intervention programs for children with	108061
intensive behavioral needs by providing financial support for	108062
scholarly research and publication of clinical findings.	108063

(B) The director of developmental disabilities shall	108064
collaborate with the director of job and family services and	108065
consult with the executive director of the Ohio center for autism	108066
and low incidence and university-based programs that specialize in	108067
services for individuals with developmental disabilities when	108068
establishing programs under this section.	108069

Sec. 5123.0418. (A) In addition to other authority granted	108070
the director of developmental disabilities for use of funds	108071
appropriated to the department of developmental disabilities, the	108072
director may use such funds for the following purposes:	108073

(1) All of the following to assist persons with mental	108074
retardation or a developmental disability remain in the community	108075
and avoid institutionalization:	108076

(a) Behavioral and short-term interventions;

108077

(b) Residential services;

108078

108079

(2) Respite care services;

108080

(3) Staff training to help the following personnel serve	108081
persons with mental retardation or a developmental disability in	108082
the community:	108083

(a) Employees of, and personnel under contract with, county	108084
boards of developmental disabilities;	108085

(b) Employees of providers of supported living;

108086

108087

(d) Other personnel the director identifies.

108088

(B) The director may establish priorities for using funds for	108089
the purposes specified in division (A) of this section. The	108090
director shall use the funds in a manner consistent with the	108091
appropriations that authorize the director to use the funds and	108092
all other state and federal laws governing the use of the funds.	108093

Sec. 5123.0419. (A) The director of developmental	108094
disabilities may establish an interagency workgroup on autism. The	108095
purpose of the workgroup shall be to improve the coordination of	108096
the state's efforts to address the service needs of individuals	108097
with autism spectrum disorders and the families of those	108098
individuals. In fulfilling this purpose, the director may enter	108099
into interagency agreements with the government entities	108100
represented by the members of the workgroup. The agreements may	108101
specify any or all of the following:	108102

(1) The roles and responsibilities of government entities	108103
that enter into the agreements;	108104

(2) Procedures regarding the receipt, transfer, and	108105
expenditure of funds necessary to achieve the goals of the	108106
workgroup;	108107

(3) The projects to be undertaken and activities to be	108108
performed by the government entities that enter into the	108109
agreements.	108110

(B) Money received from government entities represented by	108111
the members of the workgroup shall be deposited into the state	108112
treasury to the credit of the interagency workgroup on autism	108113
fund, which is hereby created in the state treasury. Money	108114
credited to the fund shall be used by the department of	108115
developmental disabilities solely to support the activities of the	108116
workgroup.	108117

Sec. 5123.051. (A) If the department of developmental	108118
disabilities determines pursuant to an audit conducted under	108119
section 5123.05 of the Revised Code ~~or a reconciliation conducted~~	108120
~~under section 5123.18 of the Revised Code~~ that money is owed the	108121
state by a provider of a service or program, the department may	108122
enter into a payment agreement with the provider. The agreement	108123
shall include the following:	108124

(1) A schedule of installment payments whereby the money owed	108125
the state is to be paid in full within a period not to exceed one	108126
year;	108127

(2) A provision that the provider may pay the entire balance	108128
owed at any time during the term of the agreement;	108129

(3) A provision that if any installment is not paid in full	108130
within forty-five days after it is due, the entire balance owed is	108131
immediately due and payable;	108132

(4) Any other terms and conditions that are agreed to by the	108133
department and the provider.	108134

(B) The department may include a provision in a payment	108135
agreement that requires the provider to pay interest on the money	108136
owed the state. The department, in its discretion, shall determine	108137
whether to require the payment of interest and, if it so requires,	108138
the rate of interest. Neither the obligation to pay interest nor	108139
the rate of interest is subject to negotiation between the	108140
department and the provider.	108141

(C) If the provider fails to pay any installment in full	108142
within forty-five days after its due date, the department shall	108143
certify the entire balance owed to the attorney general for	108144
collection under section 131.02 of the Revised Code. The	108145
department may withhold funds from payments made to a provider	108146
under section 5123.18 of the Revised Code to satisfy a judgment	108147
secured by the attorney general.	108148

~~(D) The purchase of service fund is hereby created. Money~~	108149
~~credited to the fund shall be used solely for purposes of section~~	108150
~~5123.05 of the Revised Code.~~	108151

Sec. 5123.171. As used in this section, "respite care" means	108152
appropriate, short-term, temporary care provided to a mentally	108153
retarded or developmentally disabled person to sustain the family	108154
structure or to meet planned or emergency needs of the family.	108155

The department of developmental disabilities shall provide	108156
respite care services to persons with mental retardation or a	108157
developmental disability for the purpose of promoting	108158
self-sufficiency and normalization, preventing or reducing	108159
inappropriate institutional care, and furthering the unity of the	108160
family by enabling the family to meet the special needs of a	108161
mentally retarded or developmentally disabled person.	108162

In order to be eligible for respite care services under this	108163
section, the mentally retarded or developmentally disabled person	108164
must be in need of habilitation services as defined in section	108165
5126.01 of the Revised Code.	108166

Respite care may be provided in a facility licensed under	108167
section 5123.19 of the Revised Code or certified as an	108168
intermediate care facility for the mentally retarded under Title	108169
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	108170
301, as amended, or certified as a respite care home under section	108171
5126.05 of the Revised Code.	108172

The department shall develop a system for locating vacant	108173
beds that are available for respite care and for making	108174
information on vacant beds available to users of respite care	108175
services. Facilities certified as intermediate care facilities for	108176
the mentally retarded ~~and facilities holding contracts with the~~	108177
~~department for the provision of residential services under section~~	108178
~~5123.18 of the Revised Code~~ shall report vacant beds to the	108179
department but shall not be required to accept respite care	108180
clients.	108181

The director of developmental disabilities shall adopt, and	108182
may amend or rescind, rules in accordance with Chapter 119. of the	108183
Revised Code for both of the following:	108184

(A) Certification by county boards of developmental	108185
disabilities of respite care homes;	108186

(B) Provision of respite care services authorized by this	108187
section. Rules adopted under this division shall establish all of	108188
the following:	108189

(1) A formula for distributing funds appropriated for respite	108190
care services;	108191

(2) Standards for supervision, training and quality control	108192
in the provision of respite care services;	108193

(3) Eligibility criteria for emergency respite care services.

108194

Sec. 5123.18. (A) ~~As used in this section:~~

108195

~~(1) "Contractor" means a person or government agency that~~	108196
~~enters into a contract with the department of developmental~~	108197
~~disabilities under this section.~~	108198

~~(2) "Government agency" means a state agency as defined in~~	108199
~~section 117.01 of the Revised Code or a similar agency of a~~	108200
~~political subdivision of the state.~~	108201

~~(3) "Residential services" means the services necessary for~~	108202
~~an individual with mental retardation or a developmental~~	108203
~~disability to live in the community, including room and board,~~	108204
~~clothing, transportation, personal care, habilitation,~~	108205
~~supervision, and any other services the department considers~~	108206
~~necessary for the individual to live in the community.~~	108207

~~(B)(1)~~ The department of developmental disabilities may enter	108208
into a contract with a person or government agency to provide	108209
residential services to individuals with mental retardation or	108210
developmental disabilities in need of residential ~~services.~~	108211
~~Contracts for residential services shall be of the following~~	108212
~~types:~~	108213

~~(a) Companion home contracts - contracts under which the~~	108214
~~contractor is an individual, the individual is the primary~~	108215
~~caregiver, and the individual owns or leases and resides in the~~	108216
~~home in which the services are provided.~~	108217

~~(b) Agency-operated companion home contracts - contracts~~	108218
~~under which the contractor subcontracts, for purposes of~~	108219
~~coordinating the provision of residential services, with one or~~	108220
~~more individuals who are primary caregivers and own or lease and~~	108221
~~reside in the homes in which the services are provided.~~	108222

~~(c) Community home contracts - contracts for residential~~	108223
~~services under which the contractor owns or operates a home that~~	108224
~~is used solely to provide residential services.~~	108225

~~(d) Combined agency-operated companion home and community~~	108226
~~home contracts.~~	108227

~~(2) A companion home contract shall cover not more than one~~	108228
~~home. An agency-operated companion home contract or a community~~	108229
~~home contract may cover more than one home.~~	108230

~~(C) Contracts shall be in writing and shall provide for~~	108231
~~payment to be made to the contractor at the times agreed to by the~~	108232
~~department and the contractor. Each contract shall specify the~~	108233
~~period during which it is valid, the amount to be paid for~~	108234
~~residential services, and the number of individuals for whom~~	108235
~~payment will be made. Contracts may be renewed.~~	108236

~~(D)~~services. To be eligible to enter into a contract with	108237
the department under this section, ~~the~~a person or government	108238
~~agency~~entity and the home in which the residential services are	108239
provided must meet all applicable standards for licensing or	108240
certification by the appropriate government ~~agency~~entity. In	108241
~~addition, if the residential facility is operated as a nonprofit~~	108242
~~entity, the members of the board of trustees or board of directors~~	108243
~~of the facility must not have a financial interest in or receive~~	108244
~~financial benefit from the facility, other than reimbursement for~~	108245
~~actual expenses incurred in attending board meetings.~~	108246

~~(E)(1) The department shall determine the payment amount~~	108247
~~assigned to an initial contract. To the extent that the department~~	108248
~~determines sufficient funds are available, the payment amount~~	108249
~~assigned to an initial contract shall be equal to the average~~	108250
~~amount assigned to contracts for other homes that are of the same~~	108251
~~type and size and serve individuals with similar needs, except~~	108252
~~that if an initial contract is the result of a change of~~	108253
~~contractor or ownership, the payment amount assigned to the~~	108254
~~contract shall be the lesser of the amount assigned to the~~	108255
~~previous contract or the contract's total adjusted predicted~~	108256
~~funding need calculated under division (I) of this section.~~	108257

~~(2) A renewed contract shall be assigned a payment amount in~~	108258
~~accordance with division (K) of this section.~~	108259

~~(3) When a contractor relocates a home to another site at~~	108260
~~which residential services are provided to the same individuals,~~	108261
~~the payment amount assigned to the contract for the new home shall~~	108262
~~be the payment amount assigned to the contract at the previous~~	108263
~~location.~~	108264

~~(F)(1) Annually, a contractor shall complete an assessment of~~	108265
~~each individual to whom the contractor provides residential~~	108266
~~services to predict the individual's need for routine direct~~	108267
~~services staff. The department shall establish by rule adopted in~~	108268
~~accordance with Chapter 119. of the Revised Code the assessment~~	108269
~~instrument to be used by contractors to make assessments.~~	108270
~~Assessments shall be submitted to the department not later than~~	108271
~~the thirty-first day of January of each year.~~	108272

~~A contractor shall submit a revised assessment for an~~	108273
~~individual if there is a substantial, long-term change in the~~	108274
~~nature of the individual's needs. A contractor shall submit~~	108275
~~revised assessments for all individuals receiving residential~~	108276
~~services if there is a change in the composition of the home's~~	108277
~~residents.~~	108278

~~(2) Annually, a contractor shall submit a cost report to the~~	108279
~~department specifying the costs incurred in providing residential~~	108280
~~services during the immediately preceding calendar year. Only~~	108281
~~costs actually incurred by a contractor shall be reported on a~~	108282
~~cost report. Cost reports shall be prepared according to a uniform~~	108283
~~chart of accounts approved by the department and shall be~~	108284
~~submitted on forms prescribed by the department.~~	108285

~~(3) The department shall not renew the contract held by a~~	108286
~~contractor who fails to submit the assessments or cost reports~~	108287
~~required under this division.~~	108288

~~(4) The department shall adopt rules as necessary regarding~~	108289
~~the submission of assessments and cost reports under this~~	108290
~~division. The rules shall be adopted in accordance with Chapter~~	108291
~~119. of the Revised Code.~~	108292

~~(G) Prior to renewing a contract entered into under this~~	108293
~~section, the department shall compute the contract's total~~	108294
~~predicted funding need and total adjusted predicted funding need.~~	108295
~~The department shall also compute the contract's unmet funding~~	108296
~~need if the payment amount assigned to the contract is less than~~	108297
~~the total adjusted predicted funding need. The results of these~~	108298
~~calculations shall be used to determine the payment amount~~	108299
~~assigned to the renewed contract.~~	108300

~~(H)(1) A contract's total predicted funding need is an amount~~	108301
~~equal to the sum of the predicted funding needs for the following~~	108302
~~cost categories:~~	108303

~~(a) Routine direct services staff;~~

108304

~~(b) Dietary, program supplies, and specialized staff;~~

108305

~~(c) Facility and general services;~~

108306

~~(d) Administration.~~

108307

~~(2) Based on the assessments submitted by the contractor, the~~	108308
~~department shall compute the contract's predicted funding need for~~	108309
~~the routine direct services staff cost category by multiplying the~~	108310
~~number of direct services staff predicted to be necessary for the~~	108311
~~home by the sum of the following:~~	108312

~~(a) Entry level wages paid during the immediately preceding~~	108313
~~cost reporting period to comparable staff employed by the county~~	108314
~~board of developmental disabilities of the county in which the~~	108315
~~home is located;~~	108316

~~(b) Fringe benefits and payroll taxes as determined by the~~	108317
~~department using state civil service statistics from the same~~	108318
~~period as the cost reporting period.~~	108319

~~(3) The department shall establish by rule adopted in~~	108320
~~accordance with Chapter 119. of the Revised Code the method to be~~	108321
~~used to compute the predicted funding need for the dietary,~~	108322
~~program supplies, and specialized staff cost category; the~~	108323
~~facility and general services cost category; and the~~	108324
~~administration cost category. The rules shall not establish a~~	108325
~~maximum amount that may be attributed to the dietary, program~~	108326
~~supplies, and specialized staff cost category. The rules shall~~	108327
~~establish a process for determining the combined maximum amount~~	108328
~~that may be attributed to the facility and general services cost~~	108329
~~category and the administration cost category.~~	108330

~~(I)(1) A contract's total adjusted predicted funding need is~~	108331
~~the contract's total predicted funding need with adjustments made~~	108332
~~for the following:~~	108333

~~(a) Inflation, as provided under division (I)(2) of this~~	108334
~~section;~~	108335

~~(b) The predicted cost of complying with new requirements~~	108336
~~established under federal or state law that were not taken into~~	108337
~~consideration when the total predicted funding need was computed;~~	108338

~~(c) Changes in needs based on revised assessments submitted~~	108339
~~by the contractor.~~	108340

~~(2) In adjusting the total predicted funding need for~~	108341
~~inflation, the department shall use either the consumer price~~	108342
~~index compound annual inflation rate calculated by the United~~	108343
~~States department of labor for all items or another index or~~	108344
~~measurement of inflation designated in rules that the department~~	108345
~~shall adopt in accordance with Chapter 119. of the Revised Code.~~	108346

~~When a contract is being renewed for the first time, and the~~	108347
~~contract is to begin on the first day of July, the inflation~~	108348
~~adjustment applied to the contract's total predicted funding need~~	108349
~~shall be the estimated rate of inflation for the calendar year in~~	108350
~~which the contract is renewed. If the consumer price index is~~	108351
~~being used, the department shall base its estimate on the rate of~~	108352
~~inflation calculated for the three-month period ending the~~	108353
~~thirty-first day of March of that calendar year. If another index~~	108354
~~or measurement is being used, the department shall base its~~	108355
~~estimate on the most recent calculations of the rate of inflation~~	108356
~~available under the index or measurement. Each year thereafter,~~	108357
~~the inflation adjustment shall be estimated in the same manner,~~	108358
~~except that if the estimated rate of inflation for a year is~~	108359
~~different from the actual rate of inflation for that year, the~~	108360
~~difference shall be added to or subtracted from the rate of~~	108361
~~inflation estimated for the next succeeding year.~~	108362

~~If a contract begins at any time other than July first, the~~	108363
~~inflation adjustment applied to the contract's total predicted~~	108364
~~funding need shall be determined by a method comparable to that~~	108365
~~used for contracts beginning July first. The department shall~~	108366
~~adopt rules in accordance with Chapter 119. of the Revised Code~~	108367
~~establishing the method to be used.~~	108368

~~(J) A contract's unmet funding need is the difference between~~	108369
~~the payment amount assigned to the contract and the total adjusted~~	108370
~~predicted funding need, if the payment amount assigned is less~~	108371
~~than the total adjusted predicted funding need.~~	108372

~~(K) The payment amount to be assigned to a contract being~~	108373
~~renewed shall be determined by comparing the total adjusted~~	108374
~~predicted funding need with the payment amount assigned to the~~	108375
~~current contract.~~	108376

~~(1) If the payment amount assigned to the current contract~~	108377
~~equals or exceeds the total adjusted predicted funding need, the~~	108378
~~payment amount assigned to the renewed contract shall be the same~~	108379
~~as that assigned to the current contract, unless a reduction is~~	108380
~~made pursuant to division (L) of this section.~~	108381

~~(2) If the payment amount assigned to the current contract is~~	108382
~~less than the total adjusted predicted funding need, the payment~~	108383
~~amount assigned to the renewed contract shall be increased if the~~	108384
~~department determines that funds are available for such increases.~~	108385
~~The amount of a contract's increase shall be the same percentage~~	108386
~~of the available funds that the contract's unmet funding need is~~	108387
~~of the total of the unmet funding need for all contracts.~~	108388

~~(L) When renewing a contract provided for in division (B) of~~	108389
~~this section other than a companion home contract, the department~~	108390
~~may reduce the payment amount assigned to a renewed contract if~~	108391
~~the sum of the contractor's allowable reported costs and the~~	108392
~~maximum efficiency incentive is less than ninety-one and one-half~~	108393
~~per cent of the amount received pursuant to this section during~~	108394
~~the immediately preceding contract year.~~	108395

~~The department shall adopt rules in accordance with Chapter~~	108396
~~119. of the Revised Code establishing a formula to be used in~~	108397
~~computing the maximum efficiency incentive, which shall be at~~	108398
~~least four per cent of the weighted average payment amount to be~~	108399
~~made to all contractors during the contract year. The maximum~~	108400
~~efficiency incentive shall be computed annually.~~	108401

~~(M) The department may increase the payment amount assigned~~	108402
~~to a contract based on the contract's unmet funding need at times~~	108403
~~other than when the contract is renewed. The department may~~	108404
~~develop policies for determining priorities in making such~~	108405
~~increases.~~	108406

~~(N)(1) In addition to the contracts provided for in division~~	108407
~~(B) of this section, the department may enter into the following~~	108408
~~contracts:~~	108409

~~(a) A contract to pay the cost of beginning operation of a~~	108410
~~new home that is to be funded under a companion home contract,~~	108411
~~agency-operated companion home contract, community home contract,~~	108412
~~or combined agency-operated companion home and community home~~	108413
~~contract.~~	108414

~~(b) A contract to pay the cost associated with increasing the~~	108415
~~number of individuals served by a home funded under a companion~~	108416
~~home contract, agency-operated companion home contract, community~~	108417
~~home contract, or combined agency-operated companion home and~~	108418
~~community home contract.~~	108419

~~(2) The department shall adopt rules as necessary regarding~~	108420
~~contracts entered into under this division. The rules shall be~~	108421
~~adopted in accordance with Chapter 119. of the Revised Code.~~	108422

~~(O) Except for companion home contracts, the department shall~~	108423
~~conduct a reconciliation of the amount earned under a contract and~~	108424
~~the actual costs incurred by the contractor. An amount is~~	108425
~~considered to have been earned for delivering a service at the~~	108426
~~time the service is delivered. The department shall adopt rules in~~	108427
~~accordance with Chapter 119. of the Revised Code establishing~~	108428
~~procedures for conducting reconciliations.~~	108429

~~A reconciliation shall be based on the annual cost report~~	108430
~~submitted by the contractor. If a reconciliation reveals that a~~	108431
~~contractor owes money to the state, the amount owed shall be~~	108432
~~collected in accordance with section 5123.051 of the Revised Code.~~	108433

~~When conducting reconciliations, the department shall review~~	108434
~~all reported costs that may be affected by transactions required~~	108435
~~to be reported under division (B)(3) of section 5123.172 of the~~	108436
~~Revised Code. If the department determines that such transactions~~	108437
~~have increased the cost reported by a contractor, the department~~	108438
~~may disallow or adjust the cost allowable for payment. The~~	108439
~~department shall adopt rules in accordance with Chapter 119. of~~	108440
~~the Revised Code establishing standards for disallowances or~~	108441
~~adjustments.~~	108442

~~(P) The department may audit the contracts it enters into~~	108443
~~under this section. Audits may be conducted by the department or~~	108444
~~an entity with which the department contracts to perform the~~	108445
~~audits. The department shall adopt rules in accordance with~~	108446
~~Chapter 119. of the Revised Code establishing procedures for~~	108447
~~conducting audits.~~	108448

~~An audit may include the examination of a contractor's~~	108449
~~financial books and records, the costs incurred by a contractor in~~	108450
~~providing residential services, and any other relevant information~~	108451
~~specified by the department. An audit shall not be commenced more~~	108452
~~than four years after the expiration of the contract to be~~	108453
~~audited, except in cases where the department has reasonable cause~~	108454
~~to believe that a contractor has committed fraud.~~	108455

~~If an audit reveals that a contractor owes money to the~~	108456
~~state, the amount owed, subject to an adjudication hearing under~~	108457
~~this division, shall be collected in accordance with section~~	108458
~~5123.051 of the Revised Code. If an audit reveals that a~~	108459
~~reconciliation conducted under this section resulted in the~~	108460
~~contractor erroneously paying money to the state, the department~~	108461
~~shall refund the money to the contractor, or, in lieu of making a~~	108462
~~refund, the department may offset the erroneous payment against~~	108463
~~any money determined as a result of the audit to be owed by the~~	108464
~~contractor to the state. The department is not required to pay~~	108465
~~interest on any money refunded under this division.~~	108466

~~In conducting audits or making determinations of amounts owed~~	108467
~~by a contractor and amounts to be refunded or offset, the~~	108468
~~department shall not be bound by the results of reconciliations~~	108469
~~conducted under this section, except with regard to cases~~	108470
~~involving claims that have been certified pursuant to section~~	108471
~~5123.051 of the Revised Code to the attorney general for~~	108472
~~collection for which a full and final settlement has been reached~~	108473
~~or a final judgment has been made from which all rights of appeal~~	108474
~~have expired or been exhausted.~~	108475

~~Not later than ninety days after an audit's completion, the~~	108476
~~department shall provide the contractor a copy of a report of the~~	108477
~~audit. The report shall state the findings of the audit, including~~	108478
~~the amount of any money the contractor is determined to owe the~~	108479
~~state.~~	108480

~~(Q) The department shall adopt rules specifying the amount~~	108481
~~that will be allowed under a reconciliation or audit for the cost~~	108482
~~incurred by a contractor for compensation of owners,~~	108483
~~administrators, and other personnel. The rules shall be adopted in~~	108484
~~accordance with Chapter 119. of the Revised Code.~~	108485

~~(R) Each contractor shall, for at least seven years, maintain~~	108486
~~fiscal records related to payments received pursuant to this~~	108487
~~section.~~	108488

~~(S) The department may enter into shared funding agreements~~	108489
~~with other government agencies to fund contracts entered into~~	108490
~~under this section. The amount of each agency's share of the cost~~	108491
~~shall be determined through negotiations with the department. The~~	108492
~~department's share shall not exceed the amount it would have paid~~	108493
~~without entering into the shared funding agreement, nor shall it~~	108494
~~be reduced by any amounts contributed by the other parties to the~~	108495
~~agreement.~~	108496

~~(T) Except as provided in section 5123.194 of the Revised~~	108497
~~Code, an individual who receives residential services pursuant to~~	108498
~~divisions (A) through (U) of this section and the individual's~~	108499
~~liable relatives or guardians shall pay support charges in~~	108500
~~accordance with Chapter 5121. of the Revised Code.~~	108501

~~(U) The department may make reimbursements or payments for~~	108502
~~any of the following pursuant to rules adopted under this~~	108503
~~division:~~	108504

~~(1) Unanticipated, nonrecurring costs associated with the~~	108505
~~health or habilitation of a person who resides in a home funded~~	108506
~~under a contract provided for in division (B) of this section;~~	108507

~~(2) The cost of staff development training for contractors if~~	108508
~~the director of developmental disabilities has given prior~~	108509
~~approval for the training;~~	108510

~~(3) Fixed costs that the department, pursuant to the rules,~~	108511
~~determines relate to the continued operation of a home funded~~	108512
~~under a contract provided for in division (B) of this section when~~	108513
~~a short term vacancy occurs and the contractor has diligently~~	108514
~~attempted to fill the vacancy.~~	108515

~~The department shall adopt rules in accordance with Chapter~~	108516
~~119. of the Revised Code establishing standards for use in~~	108517
~~determining which costs it may make payment or reimbursements for~~	108518
~~under this division.~~	108519

~~(V) In addition to the rules required or authorized to be~~	108520
~~adopted under this section, the department may adopt any other~~	108521
~~rules necessary to implement divisions (A) through (U) of this~~	108522
~~section. The rules shall be adopted in accordance with Chapter~~	108523
~~119. of the Revised Code.~~	108524

~~(W) The department may delegate to county boards of~~	108525
~~developmental disabilities its authority under this section to~~	108526
~~negotiate and enter into contracts or subcontracts for residential~~	108527
~~services. In the event that it elects to delegate its authority,~~	108528
~~the department shall adopt rules in accordance with Chapter 119.~~	108529
~~of the Revised Code for the boards' administration of the~~	108530
~~contracts or subcontracts. In administering the contracts or~~	108531
~~subcontracts, the boards shall be subject to all applicable~~	108532
~~provisions of Chapter 5126. of the Revised Code and shall not be~~	108533
~~subject to the provisions of divisions (A) to (V) of this section.~~	108534

~~Subject to the department's rules, a board may require the~~	108535
~~following to contribute to the cost of the residential services an~~	108536
~~individual receives pursuant to this division: the individual or~~	108537
~~the individual's estate, the individual's spouse, the individual's~~	108538
~~guardian, and, if the individual is under age eighteen, either or~~	108539
~~both of the individual's parents. Chapter 5121. of the Revised~~	108540
~~Code shall not apply to individuals or entities that are subject~~	108541
~~to making contributions under this division. In calculating~~	108542
~~contributions to be made under this division, a board, subject to~~	108543
~~the department's rules, may allow an amount to be kept for meeting~~	108544
~~the personal needs of the individual who receives residential~~	108545
~~services.~~	108546

Sec. 5123.19. (A) As used in this section and in sections	108547
5123.191, ~~5123.193,~~ 5123.194, 5123.196, 5123.197, 5123.198, and	108548
5123.20 of the Revised Code:	108549

(1)(a) "Residential facility" means a home or facility in	108550
which a mentally retarded or developmentally disabled person	108551
resides, except the home of a relative or legal guardian in which	108552
a mentally retarded or developmentally disabled person resides, a	108553
respite care home certified under section 5126.05 of the Revised	108554
Code, a county home or district home operated pursuant to Chapter	108555
5155. of the Revised Code, or a dwelling in which the only	108556
mentally retarded or developmentally disabled residents are in an	108557
independent living arrangement or are being provided supported	108558
living.	108559

(b) "Intermediate care facility for the mentally retarded"	108560
means a residential facility that is considered an intermediate	108561
care facility for the mentally retarded for the purposes of	108562
Chapter 5111. of the Revised Code.	108563

(2) "Political subdivision" means a municipal corporation,	108564
county, or township.	108565

(3) "Independent living arrangement" means an arrangement in	108566
which a mentally retarded or developmentally disabled person	108567
resides in an individualized setting chosen by the person or the	108568
person's guardian, which is not dedicated principally to the	108569
provision of residential services for mentally retarded or	108570
developmentally disabled persons, and for which no financial	108571
support is received for rendering such service from any	108572
governmental agency by a provider of residential services.	108573

(4) "Licensee" means the person or government agency that has	108574
applied for a license to operate a residential facility and to	108575
which the license was issued under this section.	108576

(5) "Related party" has the same meaning as in section	108577
5123.16 of the Revised Code except that "provider" as used in the	108578
definition of "related party" means a person or government entity	108579
that held or applied for a license to operate a residential	108580
facility, rather than a person or government entity certified to	108581
provide supported living.	108582

(B) Every person or government agency desiring to operate a	108583
residential facility shall apply for licensure of the facility to	108584
the director of developmental disabilities unless the residential	108585
facility is subject to section 3721.02, ~~3722.04~~5119.73, 5103.03,	108586
or 5119.20 of the Revised Code. Notwithstanding Chapter 3721. of	108587
the Revised Code, a nursing home that is certified as an	108588
intermediate care facility for the mentally retarded under Title	108589
XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A.	108590
1396, as amended, shall apply for licensure of the portion of the	108591
home that is certified as an intermediate care facility for the	108592
mentally retarded.	108593

(C) Subject to section 5123.196 of the Revised Code, the	108594
director of developmental disabilities shall license the operation	108595
of residential facilities. An initial license shall be issued for	108596
a period that does not exceed one year, unless the director denies	108597
the license under division (D) of this section. A license shall be	108598
renewed for a period that does not exceed three years, unless the	108599
director refuses to renew the license under division (D) of this	108600
section. The director, when issuing or renewing a license, shall	108601
specify the period for which the license is being issued or	108602
renewed. A license remains valid for the length of the licensing	108603
period specified by the director, unless the license is	108604
terminated, revoked, or voluntarily surrendered.	108605

(D) If it is determined that an applicant or licensee is not	108606
in compliance with a provision of this chapter that applies to	108607
residential facilities or the rules adopted under such a	108608
provision, the director may deny issuance of a license, refuse to	108609
renew a license, terminate a license, revoke a license, issue an	108610
order for the suspension of admissions to a facility, issue an	108611
order for the placement of a monitor at a facility, issue an order	108612
for the immediate removal of residents, or take any other action	108613
the director considers necessary consistent with the director's	108614
authority under this chapter regarding residential facilities. In	108615
the director's selection and administration of the sanction to be	108616
imposed, all of the following apply:	108617

(1) The director may deny, refuse to renew, or revoke a	108618
license, if the director determines that the applicant or licensee	108619
has demonstrated a pattern of serious noncompliance or that a	108620
violation creates a substantial risk to the health and safety of	108621
residents of a residential facility.	108622

(2) The director may terminate a license if more than twelve	108623
consecutive months have elapsed since the residential facility was	108624
last occupied by a resident or a notice required by division (K)	108625
of this section is not given.	108626

(3) The director may issue an order for the suspension of	108627
admissions to a facility for any violation that may result in	108628
sanctions under division (D)(1) of this section and for any other	108629
violation specified in rules adopted under division (H)(2) of this	108630
section. If the suspension of admissions is imposed for a	108631
violation that may result in sanctions under division (D)(1) of	108632
this section, the director may impose the suspension before	108633
providing an opportunity for an adjudication under Chapter 119. of	108634
the Revised Code. The director shall lift an order for the	108635
suspension of admissions when the director determines that the	108636
violation that formed the basis for the order has been corrected.	108637

(4) The director may order the placement of a monitor at a	108638
residential facility for any violation specified in rules adopted	108639
under division (H)(2) of this section. The director shall lift the	108640
order when the director determines that the violation that formed	108641
the basis for the order has been corrected.	108642

(5) If the director determines that two or more residential	108643
facilities owned or operated by the same person or government	108644
entity are not being operated in compliance with a provision of	108645
this chapter that applies to residential facilities or the rules	108646
adopted under such a provision, and the director's findings are	108647
based on the same or a substantially similar action, practice,	108648
circumstance, or incident that creates a substantial risk to the	108649
health and safety of the residents, the director shall conduct a	108650
survey as soon as practicable at each residential facility owned	108651
or operated by that person or government entity. The director may	108652
take any action authorized by this section with respect to any	108653
facility found to be operating in violation of a provision of this	108654
chapter that applies to residential facilities or the rules	108655
adopted under such a provision.	108656

(6) When the director initiates license revocation	108657
proceedings, no opportunity for submitting a plan of correction	108658
shall be given. The director shall notify the licensee by letter	108659
of the initiation of the proceedings. The letter shall list the	108660
deficiencies of the residential facility and inform the licensee	108661
that no plan of correction will be accepted. The director shall	108662
also send a copy of the letter to the county board of	108663
developmental disabilities. The county board shall send a copy of	108664
the letter to each of the following:	108665

(a) Each resident who receives services from the licensee;

108666

(b) The guardian of each resident who receives services from	108667
the licensee if the resident has a guardian;	108668

(c) The parent or guardian of each resident who receives	108669
services from the licensee if the resident is a minor.	108670

(7) Pursuant to rules which shall be adopted in accordance	108671
with Chapter 119. of the Revised Code, the director may order the	108672
immediate removal of residents from a residential facility	108673
whenever conditions at the facility present an immediate danger of	108674
physical or psychological harm to the residents.	108675

(8) In determining whether a residential facility is being	108676
operated in compliance with a provision of this chapter that	108677
applies to residential facilities or the rules adopted under such	108678
a provision, or whether conditions at a residential facility	108679
present an immediate danger of physical or psychological harm to	108680
the residents, the director may rely on information obtained by a	108681
county board of developmental disabilities or other governmental	108682
agencies.	108683

(9) In proceedings initiated to deny, refuse to renew, or	108684
revoke licenses, the director may deny, refuse to renew, or revoke	108685
a license regardless of whether some or all of the deficiencies	108686
that prompted the proceedings have been corrected at the time of	108687
the hearing.	108688

(E) The director shall establish a program under which public	108689
notification may be made when the director has initiated license	108690
revocation proceedings or has issued an order for the suspension	108691
of admissions, placement of a monitor, or removal of residents.	108692
The director shall adopt rules in accordance with Chapter 119. of	108693
the Revised Code to implement this division. The rules shall	108694
establish the procedures by which the public notification will be	108695
made and specify the circumstances for which the notification must	108696
be made. The rules shall require that public notification be made	108697
if the director has taken action against the facility in the	108698
eighteen-month period immediately preceding the director's latest	108699
action against the facility and the latest action is being taken	108700
for the same or a substantially similar violation of a provision	108701
of this chapter that applies to residential facilities or the	108702
rules adopted under such a provision. The rules shall specify a	108703
method for removing or amending the public notification if the	108704
director's action is found to have been unjustified or the	108705
violation at the residential facility has been corrected.	108706

(F)(1) Except as provided in division (F)(2) of this section,	108707
appeals from proceedings initiated to impose a sanction under	108708
division (D) of this section shall be conducted in accordance with	108709
Chapter 119. of the Revised Code.	108710

(2) Appeals from proceedings initiated to order the	108711
suspension of admissions to a facility shall be conducted in	108712
accordance with Chapter 119. of the Revised Code, unless the order	108713
was issued before providing an opportunity for an adjudication, in	108714
which case all of the following apply:	108715

(a) The licensee may request a hearing not later than ten	108716
days after receiving the notice specified in section 119.07 of the	108717
Revised Code.	108718

(b) If a timely request for a hearing that includes the	108719
licensee's current address is made, the hearing shall commence not	108720
later than thirty days after the department receives the request.	108721

(c) After commencing, the hearing shall continue	108722
uninterrupted, except for Saturdays, Sundays, and legal holidays,	108723
unless other interruptions are agreed to by the licensee and the	108724
director.	108725

(d) If the hearing is conducted by a hearing examiner, the	108726
hearing examiner shall file a report and recommendations not later	108727
than ten days after the last of the following:	108728

(i) The close of the hearing;

108729

(ii) If a transcript of the proceedings is ordered, the	108730
hearing examiner receives the transcript;	108731

(iii) If post-hearing briefs are timely filed, the hearing	108732
examiner receives the briefs.	108733

(e) A copy of the written report and recommendation of the	108734
hearing examiner shall be sent, by certified mail, to the licensee	108735
and the licensee's attorney, if applicable, not later than five	108736
days after the report is filed.	108737

(f) Not later than five days after the hearing examiner files	108738
the report and recommendations, the licensee may file objections	108739
to the report and recommendations.	108740

(g) Not later than fifteen days after the hearing examiner	108741
files the report and recommendations, the director shall issue an	108742
order approving, modifying, or disapproving the report and	108743
recommendations.	108744

(h) Notwithstanding the pendency of the hearing, the director	108745
shall lift the order for the suspension of admissions when the	108746
director determines that the violation that formed the basis for	108747
the order has been corrected.	108748

(G) Neither a person or government agency whose application	108749
for a license to operate a residential facility is denied nor a	108750
related party of the person or government agency may apply for a	108751
license to operate a residential facility before the date that is	108752
one year after the date of the denial. Neither a licensee whose	108753
residential facility license is revoked nor a related party of the	108754
licensee may apply for a residential facility license before the	108755
date that is five years after the date of the revocation.	108756

(H) In accordance with Chapter 119. of the Revised Code, the	108757
director shall adopt and may amend and rescind rules for licensing	108758
and regulating the operation of residential facilities, including	108759
intermediate care facilities for the mentally retarded. The rules	108760
for intermediate care facilities for the mentally retarded may	108761
differ from those for other residential facilities. The rules	108762
shall establish and specify the following:	108763

(1) Procedures and criteria for issuing and renewing	108764
licenses, including procedures and criteria for determining the	108765
length of the licensing period that the director must specify for	108766
each license when it is issued or renewed;	108767

(2) Procedures and criteria for denying, refusing to renew,	108768
terminating, and revoking licenses and for ordering the suspension	108769
of admissions to a facility, placement of a monitor at a facility,	108770
and the immediate removal of residents from a facility;	108771

(3) Fees for issuing and renewing licenses, which shall be	108772
deposited into the program fee fund created under section 5123.033	108773
of the Revised Code;	108774

(4) Procedures for surveying residential facilities;

108775

(5) Requirements for the training of residential facility	108776
personnel;	108777

(6) Classifications for the various types of residential	108778
facilities;	108779

(7) Certification procedures for licensees and management	108780
contractors that the director determines are necessary to ensure	108781
that they have the skills and qualifications to properly operate	108782
or manage residential facilities;	108783

(8) The maximum number of persons who may be served in a	108784
particular type of residential facility;	108785

(9) Uniform procedures for admission of persons to and	108786
transfers and discharges of persons from residential facilities;	108787

(10) Other standards for the operation of residential	108788
facilities and the services provided at residential facilities;	108789

(11) Procedures for waiving any provision of any rule adopted	108790
under this section.	108791

(I) Before issuing a license, the director of the department	108792
or the director's designee shall conduct a survey of the	108793
residential facility for which application is made. The director	108794
or the director's designee shall conduct a survey of each licensed	108795
residential facility at least once during the period the license	108796
is valid and may conduct additional inspections as needed. A	108797
survey includes but is not limited to an on-site examination and	108798
evaluation of the residential facility, its personnel, and the	108799
services provided there.	108800

In conducting surveys, the director or the director's	108801
designee shall be given access to the residential facility; all	108802
records, accounts, and any other documents related to the	108803
operation of the facility; the licensee; the residents of the	108804
facility; and all persons acting on behalf of, under the control	108805
of, or in connection with the licensee. The licensee and all	108806
persons on behalf of, under the control of, or in connection with	108807
the licensee shall cooperate with the director or the director's	108808
designee in conducting the survey.	108809

Following each survey, unless the director initiates a	108810
license revocation proceeding, the director or the director's	108811
designee shall provide the licensee with a report listing any	108812
deficiencies, specifying a timetable within which the licensee	108813
shall submit a plan of correction describing how the deficiencies	108814
will be corrected, and, when appropriate, specifying a timetable	108815
within which the licensee must correct the deficiencies. After a	108816
plan of correction is submitted, the director or the director's	108817
designee shall approve or disapprove the plan. A copy of the	108818
report and any approved plan of correction shall be provided to	108819
any person who requests it.	108820

The director shall initiate disciplinary action against any	108821
department employee who notifies or causes the notification to any	108822
unauthorized person of an unannounced survey of a residential	108823
facility by an authorized representative of the department.	108824

(J) In addition to any other information which may be	108825
required of applicants for a license pursuant to this section, the	108826
director shall require each applicant to provide a copy of an	108827
approved plan for a proposed residential facility pursuant to	108828
section 5123.042 of the Revised Code. This division does not apply	108829
to renewal of a license or to an applicant for an initial or	108830
modified license who meets the requirements of section 5123.193 or	108831
5123.197 of the Revised Code.	108832

(K) A licensee shall notify the owner of the building in	108833
which the licensee's residential facility is located of any	108834
significant change in the identity of the licensee or management	108835
contractor before the effective date of the change if the licensee	108836
is not the owner of the building.	108837

Pursuant to rules which shall be adopted in accordance with	108838
Chapter 119. of the Revised Code, the director may require	108839
notification to the department of any significant change in the	108840
ownership of a residential facility or in the identity of the	108841
licensee or management contractor. If the director determines that	108842
a significant change of ownership is proposed, the director shall	108843
consider the proposed change to be an application for development	108844
by a new operator pursuant to section 5123.042 of the Revised Code	108845
and shall advise the applicant within sixty days of the	108846
notification that the current license shall continue in effect or	108847
a new license will be required pursuant to this section. If the	108848
director requires a new license, the director shall permit the	108849
facility to continue to operate under the current license until	108850
the new license is issued, unless the current license is revoked,	108851
refused to be renewed, or terminated in accordance with Chapter	108852
119. of the Revised Code.	108853

(L) A county board of developmental disabilities, the legal	108854
rights service, and any interested person may file complaints	108855
alleging violations of statute or department rule relating to	108856
residential facilities with the department. All complaints shall	108857
be in writing and shall state the facts constituting the basis of	108858
the allegation. The department shall not reveal the source of any	108859
complaint unless the complainant agrees in writing to waive the	108860
right to confidentiality or until so ordered by a court of	108861
competent jurisdiction.	108862

The department shall adopt rules in accordance with Chapter	108863
119. of the Revised Code establishing procedures for the receipt,	108864
referral, investigation, and disposition of complaints filed with	108865
the department under this division.	108866

(M) The department shall establish procedures for the	108867
notification of interested parties of the transfer or interim care	108868
of residents from residential facilities that are closing or are	108869
losing their license.	108870

(N) Before issuing a license under this section to a	108871
residential facility that will accommodate at any time more than	108872
one mentally retarded or developmentally disabled individual, the	108873
director shall, by first class mail, notify the following:	108874

(1) If the facility will be located in a municipal	108875
corporation, the clerk of the legislative authority of the	108876
municipal corporation;	108877

(2) If the facility will be located in unincorporated	108878
territory, the clerk of the appropriate board of county	108879
commissioners and the fiscal officer of the appropriate board of	108880
township trustees.	108881

The director shall not issue the license for ten days after	108882
mailing the notice, excluding Saturdays, Sundays, and legal	108883
holidays, in order to give the notified local officials time in	108884
which to comment on the proposed issuance.	108885

Any legislative authority of a municipal corporation, board	108886
of county commissioners, or board of township trustees that	108887
receives notice under this division of the proposed issuance of a	108888
license for a residential facility may comment on it in writing to	108889
the director within ten days after the director mailed the notice,	108890
excluding Saturdays, Sundays, and legal holidays. If the director	108891
receives written comments from any notified officials within the	108892
specified time, the director shall make written findings	108893
concerning the comments and the director's decision on the	108894
issuance of the license. If the director does not receive written	108895
comments from any notified local officials within the specified	108896
time, the director shall continue the process for issuance of the	108897
license.	108898

(O) Any person may operate a licensed residential facility	108899
that provides room and board, personal care, habilitation	108900
services, and supervision in a family setting for at least six but	108901
not more than eight persons with mental retardation or a	108902
developmental disability as a permitted use in any residential	108903
district or zone, including any single-family residential district	108904
or zone, of any political subdivision. These residential	108905
facilities may be required to comply with area, height, yard, and	108906
architectural compatibility requirements that are uniformly	108907
imposed upon all single-family residences within the district or	108908
zone.	108909

(P) Any person may operate a licensed residential facility	108910
that provides room and board, personal care, habilitation	108911
services, and supervision in a family setting for at least nine	108912
but not more than sixteen persons with mental retardation or a	108913
developmental disability as a permitted use in any multiple-family	108914
residential district or zone of any political subdivision, except	108915
that a political subdivision that has enacted a zoning ordinance	108916
or resolution establishing planned unit development districts may	108917
exclude these residential facilities from those districts, and a	108918
political subdivision that has enacted a zoning ordinance or	108919
resolution may regulate these residential facilities in	108920
multiple-family residential districts or zones as a conditionally	108921
permitted use or special exception, in either case, under	108922
reasonable and specific standards and conditions set out in the	108923
zoning ordinance or resolution to:	108924

(1) Require the architectural design and site layout of the	108925
residential facility and the location, nature, and height of any	108926
walls, screens, and fences to be compatible with adjoining land	108927
uses and the residential character of the neighborhood;	108928

(2) Require compliance with yard, parking, and sign	108929
regulation;	108930

(3) Limit excessive concentration of these residential	108931
facilities.	108932

(Q) This section does not prohibit a political subdivision	108933
from applying to residential facilities nondiscriminatory	108934
regulations requiring compliance with health, fire, and safety	108935
regulations and building standards and regulations.	108936

(R) Divisions (O) and (P) of this section are not applicable	108937
to municipal corporations that had in effect on June 15, 1977, an	108938
ordinance specifically permitting in residential zones licensed	108939
residential facilities by means of permitted uses, conditional	108940
uses, or special exception, so long as such ordinance remains in	108941
effect without any substantive modification.	108942

(S)(1) The director may issue an interim license to operate a	108943
residential facility to an applicant for a license under this	108944
section if either of the following is the case:	108945

(a) The director determines that an emergency exists	108946
requiring immediate placement of persons in a residential	108947
facility, that insufficient licensed beds are available, and that	108948
the residential facility is likely to receive a permanent license	108949
under this section within thirty days after issuance of the	108950
interim license.	108951

(b) The director determines that the issuance of an interim	108952
license is necessary to meet a temporary need for a residential	108953
facility.	108954

(2) To be eligible to receive an interim license, an	108955
applicant must meet the same criteria that must be met to receive	108956
a permanent license under this section, except for any differing	108957
procedures and time frames that may apply to issuance of a	108958
permanent license.	108959

(3) An interim license shall be valid for thirty days and may	108960
be renewed by the director for a period not to exceed one hundred	108961
fifty days.	108962

(4) The director shall adopt rules in accordance with Chapter	108963
119. of the Revised Code as the director considers necessary to	108964
administer the issuance of interim licenses.	108965

(T) Notwithstanding rules adopted pursuant to this section	108966
establishing the maximum number of persons who may be served in a	108967
particular type of residential facility, a residential facility	108968
shall be permitted to serve the same number of persons being	108969
served by the facility on the effective date of the rules or the	108970
number of persons for which the facility is authorized pursuant to	108971
a current application for a certificate of need with a letter of	108972
support from the department of developmental disabilities and	108973
which is in the review process prior to April 4, 1986.	108974

(U) The director or the director's designee may enter at any	108975
time, for purposes of investigation, any home, facility, or other	108976
structure that has been reported to the director or that the	108977
director has reasonable cause to believe is being operated as a	108978
residential facility without a license issued under this section.	108979

The director may petition the court of common pleas of the	108980
county in which an unlicensed residential facility is located for	108981
an order enjoining the person or governmental agency operating the	108982
facility from continuing to operate without a license. The court	108983
may grant the injunction on a showing that the person or	108984
governmental agency named in the petition is operating a	108985
residential facility without a license. The court may grant the	108986
injunction, regardless of whether the residential facility meets	108987
the requirements for receiving a license under this section.	108988

Sec. 5123.191. (A) The court of common pleas or a judge	108989
thereof in the judge's county, or the probate court, may appoint a	108990
receiver to take possession of and operate a residential facility	108991
licensed by the department of developmental disabilities, in	108992
causes pending in such courts respectively, when conditions	108993
existing at the facility present a substantial risk of physical or	108994
mental harm to residents and no other remedies at law are adequate	108995
to protect the health, safety, and welfare of the residents.	108996
Conditions at the facility that may present such risk of harm	108997
include, but are not limited to, instances when any of the	108998
following occur:	108999

(1) The residential facility is in violation of state or	109000
federal law or regulations.	109001

(2) The facility has had its license revoked or procedures	109002
for revocation have been initiated, or the facility is closing or	109003
intends to cease operations.	109004

(3) Arrangements for relocating residents need to be made.

109005

(4) Insolvency of the operator, licensee, or landowner	109006
threatens the operation of the facility.	109007

(5) The facility or operator has demonstrated a pattern and	109008
practice of repeated violations of state or federal laws or	109009
regulations.	109010

(B) A court in which a petition is filed pursuant to this	109011
section shall notify the person holding the license for the	109012
facility and the department of developmental disabilities of the	109013
filing. The court shall order the department to notify the legal	109014
rights service, facility owner, facility operator, county board of	109015
developmental disabilities, facility residents, and residents'	109016
parents and guardians of the filing of the petition.	109017

The court shall provide a hearing on the petition within five	109018
court days of the time it was filed, except that the court may	109019
appoint a receiver prior to that time if it determines that the	109020
circumstances necessitate such action. Following a hearing on the	109021
petition, and upon a determination that the appointment of a	109022
receiver is warranted, the court shall appoint a receiver and	109023
notify the department of developmental disabilities and	109024
appropriate persons of this action.	109025

(C) A residential facility for which a receiver has been	109026
named is deemed to be in compliance with section 5123.19 and	109027
Chapter 3721. of the Revised Code for the duration of the	109028
receivership.	109029

(D) When the operating revenue of a residential facility in	109030
receivership is insufficient to meet its operating expenses,	109031
including the cost of bringing the facility into compliance with	109032
state or federal laws or regulations, the court may order the	109033
state to provide necessary funding, except as provided in division	109034
(K) of this section. The state shall provide such funding, subject	109035
to the approval of the controlling board. The court may also order	109036
the appropriate authorities to expedite all inspections necessary	109037
for the issuance of licenses or the certification of a facility,	109038
and order a facility to be closed if it determines that reasonable	109039
efforts cannot bring the facility into substantial compliance with	109040
the law.	109041

(E) In establishing a receivership, the court shall set forth	109042
the powers and duties of the receiver. The court may generally	109043
authorize the receiver to do all that is prudent and necessary to	109044
safely and efficiently operate the residential facility within the	109045
requirements of state and federal law, but shall require the	109046
receiver to obtain court approval prior to making any single	109047
expenditure of more than five thousand dollars to correct	109048
deficiencies in the structure or furnishings of a facility. The	109049
court shall closely review the conduct of the receiver it has	109050
appointed and shall require regular and detailed reports. The	109051
receivership shall be reviewed at least every sixty days.	109052

(F) A receivership established pursuant to this section shall	109053
be terminated, following notification of the appropriate parties	109054
and a hearing, if the court determines either of the following:	109055

(1) The residential facility has been closed and the former	109056
residents have been relocated to an appropriate facility.	109057

(2) Circumstances no longer exist at the facility that	109058
present a substantial risk of physical or mental harm to	109059
residents, and there is no deficiency in the facility that is	109060
likely to create a future risk of harm.	109061

Notwithstanding division (F)(2) of this section, the court	109062
shall not terminate a receivership for a residential facility that	109063
has previously operated under another receivership unless the	109064
responsibility for the operation of the facility is transferred to	109065
an operator approved by the court and the department of	109066
developmental disabilities.	109067

(G) The department of developmental disabilities may, upon	109068
its own initiative or at the request of an owner, operator, or	109069
resident of a residential facility, or at the request of a	109070
resident's guardian or relative, a county board of developmental	109071
disabilities, or the legal rights service, petition the court to	109072
appoint a receiver to take possession of and operate a residential	109073
facility. When the department has been requested to file a	109074
petition by any of the parties listed above, it shall, within	109075
forty-eight hours of such request, either file such a petition or	109076
notify the requesting party of its decision not to file. If the	109077
department refuses to file, the requesting party may file a	109078
petition with the court requesting the appointment of a receiver	109079
to take possession of and operate a residential facility.	109080

Petitions filed pursuant to this division shall include the	109081
following:	109082

(1) A description of the specific conditions existing at the	109083
facility which present a substantial risk of physical or mental	109084
harm to residents;	109085

(2) A statement of the absence of other adequate remedies at	109086
law;	109087

(3) The number of individuals residing at the facility;

109088

(4) A statement that the facts have been brought to the	109089
attention of the owner or licensee and that conditions have not	109090
been remedied within a reasonable period of time or that the	109091
conditions, though remedied periodically, habitually exist at the	109092
facility as a pattern or practice;	109093

(5) The name and address of the person holding the license	109094
for the facility and the address of the department of	109095
developmental disabilities.	109096

The court may award to an operator appropriate costs and	109097
expenses, including reasonable attorney's fees, if it determines	109098
that a petitioner has initiated a proceeding in bad faith or	109099
merely for the purpose of harassing or embarrassing the operator.	109100

(H) Except for the department of developmental disabilities	109101
or a county board of developmental disabilities, no party or	109102
person interested in an action shall be appointed a receiver	109103
pursuant to this section.	109104

To assist the court in identifying persons qualified to be	109105
named as receivers, the director of developmental disabilities or	109106
the director's designee shall maintain a list of the names of such	109107
persons. The director shall, in accordance with Chapter 119. of	109108
the Revised Code, establish standards for evaluating persons	109109
desiring to be included on such a list.	109110

(I) Before a receiver enters upon the duties of that person,	109111
the receiver must be sworn to perform the duties of receiver	109112
faithfully, and, with surety approved by the court, judge, or	109113
clerk, execute a bond to such person, and in such sum as the court	109114
or judge directs, to the effect that such receiver will faithfully	109115
discharge the duties of receiver in the action, and obey the	109116
orders of the court therein.	109117

(J) Under the control of the appointing court, a receiver may	109118
bring and defend actions in the receiver's own name as receiver	109119
and take and keep possession of property.	109120

The court shall authorize the receiver to do the following:

109121

(1) Collect payment for all goods and services provided to	109122
the residents or others during the period of the receivership at	109123
the same rate as was charged by the licensee at the time the	109124
petition for receivership was filed, unless a different rate is	109125
set by the court;	109126

(2) Honor all leases, mortgages, and secured transactions	109127
governing all buildings, goods, and fixtures of which the receiver	109128
has taken possession and continues to use, subject to the	109129
following conditions:	109130

(a) In the case of a rental agreement, only to the extent of	109131
payments that are for the use of the property during the period of	109132
the receivership;	109133

(b) In the case of a purchase agreement only to the extent of	109134
payments that come due during the period of the receivership;	109135

~~(c) If the court determines that the cost of the lease,~~	109136
~~mortgage, or secured transaction was increased by a transaction~~	109137
~~required to be reported under division (B)(3) of section 5123.172~~	109138
~~of the Revised Code, only to the extent determined by the court to~~	109139
~~be the fair market value for use of the property during the period~~	109140
~~of the receivership~~.	109141

(3) If transfer of residents is necessary, provide for the	109142
orderly transfer of residents by doing the following:	109143

(a) Cooperating with all appropriate state and local agencies	109144
in carrying out the transfer of residents to alternative community	109145
placements;	109146

(b) Providing for the transportation of residents' belongings	109147
and records;	109148

(c) Helping to locate alternative placements and develop	109149
discharge plans;	109150

(d) Preparing residents for the trauma of discharge;

109151

(e) Permitting residents or guardians to participate in	109152
transfer or discharge planning except when an emergency exists and	109153
immediate transfer is necessary.	109154

(4) Make periodic reports on the status of the residential	109155
program to the appropriate state agency, county board of	109156
developmental disabilities, parents, guardians, and residents;	109157

(5) Compromise demands or claims;

109158

(6) Generally do such acts respecting the residential	109159
facility as the court authorizes.	109160

(K) Neither the receiver nor the department of developmental	109161
disabilities is liable for debts incurred by the owner or operator	109162
of a residential facility for which a receiver has been appointed.	109163

(L) The department of developmental disabilities may contract	109164
for the operation of a residential facility in receivership. The	109165
department shall establish the conditions of a contract. A	109166
~~condition may be the same as, similar to, or different from a~~	109167
~~condition established by section 5123.18 of the Revised Code and~~	109168
~~the rules adopted under that section for a contract entered into~~	109169
~~under that section.~~ Notwithstanding any other provision of law,	109170
contracts that are necessary to carry out the powers and duties of	109171
the receiver need not be competitively bid.	109172

(M) The department of developmental disabilities, the	109173
department of job and family services, and the department of	109174
health shall provide technical assistance to any receiver	109175
appointed pursuant to this section.	109176

Sec. 5123.194. In the case of an individual who resides in a	109177
residential facility and is preparing to move into an independent	109178
living arrangement and the individual's liable relative, the	109179
department of developmental disabilities may waive the support	109180
collection requirements of sections 5121.04,and 5123.122~~, and~~	109181
~~5123.18~~ of the Revised Code for the purpose of allowing income or	109182
resources to be used to acquire items necessary for independent	109183
living. The department shall adopt rules in accordance with	109184
section 111.15 of the Revised Code to implement this section,	109185
including rules that establish the method the department shall use	109186
to determine when an individual is preparing to move into an	109187
independent living arrangement.	109188

Sec. 5123.352. There is hereby created in the state treasury	109189
the community developmental disabilities trust fund. The director	109190
of developmental disabilities, not later than sixty days after the	109191
end of each fiscal year, shall certify to the director of budget	109192
and management the amount of all the unexpended, unencumbered	109193
balances of general revenue fund appropriations made to the	109194
department of developmental disabilities for the fiscal year,	109195
excluding appropriations for rental payments to the Ohio public	109196
facilities commission, and the amount of any other funds held by	109197
the department in excess of amounts necessary to meet the	109198
department's operating costs and obligations pursuant to this	109199
chapter and Chapter 5126. of the Revised Code. On receipt of the	109200
certification, the director of budget and management shall	109201
transfer cash to the trust fund in an amount up to, but not	109202
exceeding, the total of the amounts certified by the director of	109203
developmental disabilities, except in cases in which the transfer	109204
will involve more than twenty million dollars. In such cases, the	109205
director of budget and management shall notify the controlling	109206
board and must receive the board's approval of the transfer prior	109207
to making the transfer.	109208

All moneys in the trust fund shall be ~~distributed~~used for	109209
purposes specified in ~~accordance with~~ section ~~5126.19~~5123.0418	109210
of the Revised Code.	109211

Sec. 5123.42. (A) Beginning nine months after March 31, 2003,	109212
MR/DD personnel who are not specifically authorized by other	109213
provisions of the Revised Code to administer prescribed	109214
medications, perform health-related activities, or perform tube	109215
feedings may do so pursuant to this section as part of the	109216
specialized services the MR/DD personnel provide to individuals	109217
with mental retardation and developmental disabilities in the	109218
following categories:	109219

(1) Recipients of early intervention, preschool, and	109220
school-age services offered or provided pursuant to this chapter	109221
or Chapter 5126. of the Revised Code;	109222

(2) Recipients of adult services offered or provided pursuant	109223
to this chapter or Chapter 5126. of the Revised Code;	109224

(3) Recipients of family support services offered or provided	109225
pursuant to this chapter or Chapter 5126. of the Revised Code;	109226

(4) Recipients of services from certified supported living	109227
providers, if the services are offered or provided pursuant to	109228
this chapter or Chapter 5126. of the Revised Code;	109229

(5) Recipients of residential support services from certified	109230
home and community-based services providers, if the services are	109231
received in a community living arrangement that includes not more	109232
than four individuals with mental retardation and developmental	109233
disabilities and the services are offered or provided pursuant to	109234
this chapter or Chapter 5126. of the Revised Code;	109235

(6) Recipients of services not included in divisions (A)(1)	109236
to (5) of this section that are offered or provided pursuant to	109237
this chapter or Chapter 5126. of the Revised Code;	109238

(7) Residents of a residential facility with five or fewer	109239
resident beds;	109240

(8) Residents of a residential facility with at least six but	109241
not more than sixteen resident beds;	109242

(9) Residents of a residential facility with seventeen or	109243
more resident beds who are on a field trip from the facility, if	109244
all of the following are the case:	109245

(a) The field trip is sponsored by the facility for purposes	109246
of complying with federal medicaid statutes and regulations, state	109247
medicaid statutes and rules, or other federal or state statutes,	109248
regulations, or rules that require the facility to provide	109249
habilitation, community integration, or normalization services to	109250
its residents.	109251

(b) Not more than ~~five~~ten field trip participants are	109252
residents who have health needs requiring the administration of	109253
prescribed medications, excluding participants who self-administer	109254
prescribed medications or receive assistance with	109255
self-administration of prescribed medications.	109256

(c) The facility staffs the field trip with MR/DD personnel	109257
in such a manner that one person will administer prescribed	109258
medications, perform health-related activities, or perform tube	109259
feedings for not more than ~~two~~four participants if one or ~~both~~	109260
more of those participants have health needs requiring the person	109261
to administer prescribed medications through a gastrostomy or	109262
jejunostomy tube.	109263

(d) According to the instructions of a health care	109264
professional acting within the scope of the professional's	109265
practice, the health needs of the participants who require	109266
administration of prescribed medications by MR/DD personnel are	109267
such that the participants must receive the medications during the	109268
field trip to avoid jeopardizing their health and safety.	109269

(B)(1) In the case of recipients of early intervention,	109270
preschool, and school-age services, as specified in division	109271
(A)(1) of this section, all of the following apply:	109272

(a) With nursing delegation, MR/DD personnel may perform	109273
health-related activities.	109274

(b) With nursing delegation, MR/DD personnel may administer	109275
oral and topical prescribed medications.	109276

(c) With nursing delegation, MR/DD personnel may administer	109277
prescribed medications through gastrostomy and jejunostomy tubes,	109278
if the tubes being used are stable and labeled.	109279

(d) With nursing delegation, MR/DD personnel may perform	109280
routine tube feedings, if the gastrostomy and jejunostomy tubes	109281
being used are stable and labeled.	109282

(2) In the case of recipients of adult services, as specified	109283
in division (A)(2) of this section, all of the following apply:	109284

(a) With nursing delegation, MR/DD personnel may perform	109285
health-related activities.	109286

(b) With nursing delegation, MR/DD personnel may administer	109287
oral and topical prescribed medications.	109288

(c) With nursing delegation, MR/DD personnel may administer	109289
prescribed medications through gastrostomy and jejunostomy tubes,	109290
if the tubes being used are stable and labeled.	109291

(d) With nursing delegation, MR/DD personnel may perform	109292
routine tube feedings, if the gastrostomy and jejunostomy tubes	109293
being used are stable and labeled.	109294

(3) In the case of recipients of family support services, as	109295
specified in division (A)(3) of this section, all of the following	109296
apply:	109297

(a) Without nursing delegation, MR/DD personnel may perform	109298
health-related activities.	109299

(b) Without nursing delegation, MR/DD personnel may	109300
administer oral and topical prescribed medications.	109301

(c) With nursing delegation, MR/DD personnel may administer	109302
prescribed medications through gastrostomy and jejunostomy tubes,	109303
if the tubes being used are stable and labeled.	109304

(d) With nursing delegation, MR/DD personnel may perform	109305
routine tube feedings, if the gastrostomy and jejunostomy tubes	109306
being used are stable and labeled.	109307

(e) With nursing delegation, MR/DD personnel may administer	109308
routine doses of insulin through subcutaneous injections and	109309
insulin pumps.	109310

(4) In the case of recipients of services from certified	109311
supported living providers, as specified in division (A)(4) of	109312
this section, all of the following apply:	109313

(a) Without nursing delegation, MR/DD personnel may perform	109314
health-related activities.	109315

(b) Without nursing delegation, MR/DD personnel may	109316
administer oral and topical prescribed medications.	109317

(c) With nursing delegation, MR/DD personnel may administer	109318
prescribed medications through gastrostomy and jejunostomy tubes,	109319
if the tubes being used are stable and labeled.	109320

(d) With nursing delegation, MR/DD personnel may perform	109321
routine tube feedings, if the gastrostomy and jejunostomy tubes	109322
being used are stable and labeled.	109323

(e) With nursing delegation, MR/DD personnel may administer	109324
routine doses of insulin through subcutaneous injections and	109325
insulin pumps.	109326

(5) In the case of recipients of residential support services	109327
from certified home and community-based services providers, as	109328
specified in division (A)(5) of this section, all of the following	109329
apply:	109330

(a) Without nursing delegation, MR/DD personnel may perform	109331
health-related activities.	109332

(b) Without nursing delegation, MR/DD personnel may	109333
administer oral and topical prescribed medications.	109334

(c) With nursing delegation, MR/DD personnel may administer	109335
prescribed medications through gastrostomy and jejunostomy tubes,	109336
if the tubes being used are stable and labeled.	109337

(d) With nursing delegation, MR/DD personnel may perform	109338
routine tube feedings, if the gastrostomy and jejunostomy tubes	109339
being used are stable and labeled.	109340

(e) With nursing delegation, MR/DD personnel may administer	109341
routine doses of insulin through subcutaneous injections and	109342
insulin pumps.	109343

(6) In the case of recipients of services not included in	109344
divisions (A)(1) to (5) of this section, as specified in division	109345
(A)(6) of this section, all of the following apply:	109346

(a) With nursing delegation, MR/DD personnel may perform	109347
health-related activities.	109348

(b) With nursing delegation, MR/DD personnel may administer	109349
oral and topical prescribed medications.	109350

(c) With nursing delegation, MR/DD personnel may administer	109351
prescribed medications through gastrostomy and jejunostomy tubes,	109352
if the tubes being used are stable and labeled.	109353

(d) With nursing delegation, MR/DD personnel may perform	109354
routine tube feedings, if the gastrostomy and jejunostomy tubes	109355
being used are stable and labeled.	109356

(7) In the case of residents of a residential facility with	109357
five or fewer beds, as specified in division (A)(7) of this	109358
section, all of the following apply:	109359

(a) Without nursing delegation, MR/DD personnel may perform	109360
health-related activities.	109361

(b) Without nursing delegation, MR/DD personnel may	109362
administer oral and topical prescribed medications.	109363

(c) With nursing delegation, MR/DD personnel may administer	109364
prescribed medications through gastrostomy and jejunostomy tubes,	109365
if the tubes being used are stable and labeled.	109366

(d) With nursing delegation, MR/DD personnel may perform	109367
routine tube feedings, if the gastrostomy and jejunostomy tubes	109368
being used are stable and labeled.	109369

(e) With nursing delegation, MR/DD personnel may administer	109370
routine doses of insulin through subcutaneous injections and	109371
insulin pumps.	109372

(8) In the case of residents of a residential facility with	109373
at least six but not more than sixteen resident beds, as specified	109374
in division (A)(8) of this section, all of the following apply:	109375

(a) With nursing delegation, MR/DD personnel may perform	109376
health-related activities.	109377

(b) With nursing delegation, MR/DD personnel may administer	109378
oral and topical prescribed medications.	109379

(c) With nursing delegation, MR/DD personnel may administer	109380
prescribed medications through gastrostomy and jejunostomy tubes,	109381
if the tubes being used are stable and labeled.	109382

(d) With nursing delegation, MR/DD personnel may perform	109383
routine tube feedings, if the gastrostomy and jejunostomy tubes	109384
being used are stable and labeled.	109385

(9) In the case of residents of a residential facility with	109386
seventeen or more resident beds who are on a field trip from the	109387
facility, all of the following apply during the field trip,	109388
subject to the limitations specified in division (A)(9) of this	109389
section:	109390

(a) With nursing delegation, MR/DD personnel may perform	109391
health-related activities.	109392

(b) With nursing delegation, MR/DD personnel may administer	109393
oral and topical prescribed medications.	109394

(c) With nursing delegation, MR/DD personnel may administer	109395
prescribed medications through gastrostomy and jejunostomy tubes,	109396
if the tubes being used are stable and labeled.	109397

(d) With nursing delegation, MR/DD personnel may perform	109398
routine tube feedings, if the gastrostomy and jejunostomy tubes	109399
being used are stable and labeled.	109400

(C) The authority of MR/DD personnel to administer prescribed	109401
medications, perform health-related activities, and perform tube	109402
feedings pursuant to this section is subject to all of the	109403
following:	109404

(1) To administer prescribed medications, perform	109405
health-related activities, or perform tube feedings for	109406
individuals in the categories specified under divisions (A)(1) to	109407
(8) of this section, MR/DD personnel shall obtain the certificate	109408
or certificates required by the department of developmental	109409
disabilities and issued under section 5123.45 of the Revised Code.	109410
MR/DD personnel shall administer prescribed medication, perform	109411
health-related activities, and perform tube feedings only as	109412
authorized by the certificate or certificates held.	109413

(2) To administer prescribed medications, perform	109414
health-related activities, or perform tube feedings for	109415
individuals in the category specified under division (A)(9) of	109416
this section, MR/DD personnel shall successfully complete the	109417
training course or courses developed under section 5123.43 of the	109418
Revised Code for the MR/DD personnel. MR/DD personnel shall	109419
administer prescribed medication, perform health-related	109420
activities, and perform tube feedings only as authorized by the	109421
training completed.	109422

(3) If nursing delegation is required under division (B) of	109423
this section, MR/DD personnel shall not act without nursing	109424
delegation or in a manner that is inconsistent with the	109425
delegation.	109426

(4) The employer of MR/DD personnel shall ensure that MR/DD	109427
personnel have been trained specifically with respect to each	109428
individual for whom they administer prescribed medications,	109429
perform health-related activities, or perform tube feedings. MR/DD	109430
personnel shall not administer prescribed medications, perform	109431
health-related activities, or perform tube feedings for any	109432
individual for whom they have not been specifically trained.	109433

(5) If the employer of MR/DD personnel believes that MR/DD	109434
personnel have not or will not safely administer prescribed	109435
medications, perform health-related activities, or perform tube	109436
feedings, the employer shall prohibit the action from continuing	109437
or commencing. MR/DD personnel shall not engage in the action or	109438
actions subject to an employer's prohibition.	109439

(D) In accordance with section 5123.46 of the Revised Code,	109440
the department of developmental disabilities shall adopt rules	109441
governing its implementation of this section. The rules shall	109442
include the following:	109443

(1) Requirements for documentation of the administration of	109444
prescribed medications, performance of health-related activities,	109445
and performance of tube feedings by MR/DD personnel pursuant to	109446
the authority granted under this section;	109447

(2) Procedures for reporting errors that occur in the	109448
administration of prescribed medications, performance of	109449
health-related activities, and performance of tube feedings by	109450
MR/DD personnel pursuant to the authority granted under this	109451
section;	109452

(3) Other standards and procedures the department considers	109453
necessary for implementation of this section.	109454

Sec. 5123.45. (A) The department of developmental	109455
disabilities shall establish a program under which the department	109456
issues certificates to the following:	109457

(1) MR/DD personnel, for purposes of meeting the requirement	109458
of division (C)(1) of section 5123.42 of the Revised Code to	109459
obtain a certificate or certificates to administer prescribed	109460
medications, perform health-related activities, and perform tube	109461
feedings;	109462

(2) Registered nurses, for purposes of meeting the	109463
requirement of division (B)(1) of section 5123.441 of the Revised	109464
Code to obtain a certificate or certificates to provide the MR/DD	109465
personnel training courses developed under section 5123.43 of the	109466
Revised Code.	109467

(B)(1) Except as provided in division (B)(2) of this section,	109468
to receive a certificate issued under this section, MR/DD	109469
personnel and registered nurses shall successfully complete the	109470
applicable training course or courses and meet all other	109471
applicable requirements established in rules adopted pursuant to	109472
this section. The department shall issue the appropriate	109473
certificate or certificates to MR/DD personnel and registered	109474
nurses who meet the requirements for the certificate or	109475
certificates.	109476

(2) The department shall include provisions in the program	109477
for issuing certificates to ~~the following:~~	109478

~~(a)~~ MR/DD personnel and registered nurses who~~, on March 31,~~	109479
~~2003, are authorized to provide care to individuals with mental~~	109480
~~retardation and developmental disabilities pursuant to section~~	109481
~~5123.193 or sections 5126.351 to 5126.354 of the Revised Code~~were	109482
required to be included in the certificate program pursuant to	109483
division (B)(2) of this section as that division existed	109484
immediately before the effective date of this amendment. ~~A person~~	109485
MR/DD personnel who ~~receives~~receive a certificate under division	109486
(B)(2)~~(a)~~ of this section shall not administer insulin until ~~the~~	109487
~~person has~~they have been trained by a registered nurse who has	109488
received a certificate under this section that allows the	109489
registered nurse to provide training courses to MR/DD personnel in	109490
the administration of insulin.	109491

~~(b) Registered nurses who, on March 31, 2003, are authorized~~	109492
~~to train MR/DD personnel to provide care to individuals with~~	109493
~~mental retardation and developmental disabilities pursuant to~~	109494
~~section 5123.193 or sections 5126.351 to 5126.354 of the Revised~~	109495
~~Code~~. A registered nurse who receives a certificate under division	109496
(B)(2)~~(b)~~ of this section shall not provide training courses to	109497
MR/DD personnel in the administration of insulin unless the	109498
registered nurse completes a course developed under section	109499
5123.44 of the Revised Code that enables the registered nurse to	109500
receive a certificate to provide training courses to MR/DD	109501
personnel in the administration of insulin.	109502

(C) Certificates issued to MR/DD personnel are valid for one	109503
year and may be renewed. Certificates issued to registered nurses	109504
are valid for two years and may be renewed.	109505

To be eligible for renewal, MR/DD personnel and registered	109506
nurses shall meet the applicable continued competency requirements	109507
and continuing education requirements specified in rules adopted	109508
under division (D) of this section. In the case of registered	109509
nurses, continuing nursing education completed in compliance with	109510
the license renewal requirements established under Chapter 4723.	109511
of the Revised Code may be counted toward meeting the continuing	109512
education requirements established in the rules adopted under	109513
division (D) of this section.	109514

(D) In accordance with section 5123.46 of the Revised Code,	109515
the department shall adopt rules that establish all of the	109516
following:	109517

(1) Requirements that MR/DD personnel and registered nurses	109518
must meet to be eligible to take a training course;	109519

(2) Standards that must be met to receive a certificate,	109520
including requirements pertaining to an applicant's criminal	109521
background;	109522

(3) Procedures to be followed in applying for a certificate	109523
and issuing a certificate;	109524

(4) Standards and procedures for renewing a certificate,	109525
including requirements for continuing education and, in the case	109526
of MR/DD personnel who administer prescribed medications,	109527
standards that require successful demonstration of proficiency in	109528
administering prescribed medications;	109529

(5) Standards and procedures for suspending or revoking a	109530
certificate;	109531

(6) Standards and procedures for suspending a certificate	109532
without a hearing pending the outcome of an investigation;	109533

(7) Any other standards or procedures the department	109534
considers necessary to administer the certification program.	109535

Sec. 5123.60. (A) A legal rights service is hereby created	109536
and established to protect and advocate the rights of mentally ill	109537
persons, mentally retarded persons, developmentally disabled	109538
persons, and other disabled persons who may be represented by the	109539
service pursuant to division (L) of this section; to receive and	109540
act upon complaints concerning institutional and hospital	109541
practices and conditions of institutions for mentally retarded or	109542
developmentally disabled persons and hospitals for the mentally	109543
ill; and to assure that all persons detained, hospitalized,	109544
discharged, or institutionalized, and all persons whose detention,	109545
hospitalization, discharge, or institutionalization is sought or	109546
has been sought under this chapter or Chapter 5122. of the Revised	109547
Code are fully informed of their rights and adequately represented	109548
by counsel in proceedings under this chapter or Chapter 5122. of	109549
the Revised Code and in any proceedings to secure the rights of	109550
those persons. Notwithstanding the definitions of "mentally	109551
retarded person" and "developmentally disabled person" in section	109552
5123.01 of the Revised Code, the legal rights service shall	109553
determine who is a mentally retarded or developmentally disabled	109554
person for purposes of this section and sections 5123.601 to	109555
5123.604 of the Revised Code.	109556

(B)(1) In regard to those persons detained, hospitalized, or	109557
institutionalized under Chapter 5122. of the Revised Code, the	109558
legal rights service shall undertake formal representation only of	109559
those persons who are involuntarily detained, hospitalized, or	109560
institutionalized pursuant to sections 5122.10 to 5122.15 of the	109561
Revised Code, and those voluntarily detained, hospitalized, or	109562
institutionalized who are minors, who have been adjudicated	109563
incompetent, who have been detained, hospitalized, or	109564
institutionalized in a public hospital, or who have requested	109565
representation by the legal rights service.	109566

(2) If a person referred to in division (A) of this section	109567
voluntarily requests in writing that the legal rights service	109568
terminate participation in the person's case, such involvement	109569
shall cease.	109570

(3) Persons described in divisions (A) and (B)(1) of this	109571
section who are represented by the legal rights service are	109572
clients of the legal rights service.	109573

(C) Any person voluntarily hospitalized or institutionalized	109574
in a public hospital under division (A) of section 5122.02 of the	109575
Revised Code, after being fully informed of the person's rights	109576
under division (A) of this section, may, by written request, waive	109577
assistance by the legal rights service if the waiver is knowingly	109578
and intelligently made, without duress or coercion.	109579

The waiver may be rescinded at any time by the voluntary	109580
patient or resident, or by the voluntary patient's or resident's	109581
legal guardian.	109582

(D)(1) The legal rights service commission is hereby created	109583
for the purposes of appointing an administrator of the legal	109584
rights service, advising the administrator, assisting the	109585
administrator in developing a budget, advising the administrator	109586
in establishing and annually reviewing a strategic plan, creating	109587
a procedure for filing and determination of grievances against the	109588
legal rights service, and establishing general policy guidelines,	109589
including guidelines for the commencement of litigation, for the	109590
legal rights service. The commission may adopt rules to carry	109591
these purposes into effect and may receive and act upon appeals of	109592
personnel decisions by the administrator.	109593

(2) The commission shall consist of seven members. One	109594
member, who shall serve as chairperson, shall be appointed by the	109595
chief justice of the supreme court, three members shall be	109596
appointed by the speaker of the house of representatives, and	109597
three members shall be appointed by the president of the senate.	109598
At least two members shall have experience in the field of	109599
developmental disabilities, and at least two members shall have	109600
experience in the field of mental health. No member shall be a	109601
provider or related to a provider of services to mentally	109602
retarded, developmentally disabled, or mentally ill persons.	109603

(3) Terms of office of the members of the commission shall be	109604
for three years, each term ending on the same day of the month of	109605
the year as did the term which it succeeds. Each member shall	109606
serve subsequent to the expiration of the member's term until a	109607
successor is appointed and qualifies, or until sixty days has	109608
elapsed, whichever occurs first. No member shall serve more than	109609
two consecutive terms.	109610

All vacancies in the membership of the commission shall be	109611
filled in the manner prescribed for regular appointments to the	109612
commission and shall be limited to the unexpired terms.	109613

(4) The commission shall meet at least four times each year.	109614
Members shall be reimbursed for their necessary and actual	109615
expenses incurred in the performance of their official duties.	109616

(5) The administrator of the legal rights service shall serve	109617
at the pleasure of the commission.	109618

The administrator shall be an attorney admitted to practice	109619
law in this state. The salary of the administrator shall be	109620
established in accordance with section 124.14 of the Revised Code.	109621

(E) The legal rights service shall be completely independent	109622
of the department of mental health and the department of	109623
developmental disabilities and, notwithstanding section 109.02 of	109624
the Revised Code, shall also be independent of the office of the	109625
attorney general. The administrator of the legal rights service,	109626
staff, and attorneys designated by the administrator to represent	109627
persons detained, hospitalized, or institutionalized under this	109628
chapter or Chapter 5122. of the Revised Code shall have ready	109629
access to the following:	109630

(1) During normal business hours and at other reasonable	109631
times, all records, except records of community residential	109632
facilities and records of contract agencies of county boards of	109633
developmental disabilities and boards of alcohol, drug addiction,	109634
and mental health services, relating to expenditures of state and	109635
federal funds or to the commitment, care, treatment, and	109636
habilitation of all persons represented by the legal rights	109637
service, including those who may be represented pursuant to	109638
division (L) of this section, or persons detained, hospitalized,	109639
institutionalized, or receiving services under this chapter or	109640
Chapter 340., 5119., 5122., or 5126. of the Revised Code that are	109641
records maintained by the following entities providing services	109642
for those persons: departments; institutions; hospitals; boards of	109643
alcohol, drug addiction, and mental health services; county boards	109644
of developmental disabilities; and any other entity providing	109645
services to persons who may be represented by the service pursuant	109646
to division (L) of this section;	109647

(2) Any records maintained in computerized data banks of the	109648
departments or boards or, in the case of persons who may be	109649
represented by the service pursuant to division (L) of this	109650
section, any other entity that provides services to those persons;	109651

(3) During their normal working hours, personnel of the	109652
departments, facilities, boards, agencies, institutions,	109653
hospitals, and other service-providing entities;	109654

(4) At any time, all persons detained, hospitalized, or	109655
institutionalized; persons receiving services under this chapter	109656
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and	109657
persons who may be represented by the service pursuant to division	109658
(L) of this section.	109659

(5) Records of a community residential facility, a contract	109660
agency of a board of alcohol, drug addiction, and mental health	109661
services, or a contract agency of a county board of developmental	109662
disabilities with one of the following consents:	109663

(a) The consent of the person, including when the person is a	109664
minor or has been adjudicated incompetent;	109665

(b) The consent of the person's guardian of the person, if	109666
any, or the parent if the person is a minor;	109667

(c) No consent, if the person is unable to consent for any	109668
reason, and the guardian of the person, if any, or the parent of	109669
the minor, has refused to consent or has not responded to a	109670
request for consent and either of the following has occurred:	109671

(i) A complaint regarding the person has been received by the	109672
legal rights service;	109673

(ii) The legal rights service has determined that there is	109674
probable cause to believe that such person has been subjected to	109675
abuse or neglect.	109676

(F) The administrator of the legal rights service shall do	109677
the following:	109678

(1) Administer and organize the work of the legal rights	109679
service and establish administrative or geographic divisions as	109680
the administrator considers necessary, proper, and expedient;	109681

(2) Adopt and promulgate rules that are not in conflict with	109682
rules adopted by the commission and prescribe duties for the	109683
efficient conduct of the business and general administration of	109684
the legal rights service;	109685

(3) Appoint and discharge employees, and hire experts,	109686
consultants, advisors, or other professionally qualified persons	109687
as the administrator considers necessary to carry out the duties	109688
of the legal rights service;	109689

(4) Apply for and accept grants of funds, and accept	109690
charitable gifts and bequests;	109691

(5) Prepare and submit a budget to the general assembly for	109692
the operation of the legal rights service. At least thirty days	109693
prior to submitting the budget to the general assembly, the	109694
administrator shall provide a copy of the budget to the commission	109695
for review and comment. When submitting the budget to the general	109696
assembly, the administrator shall include a copy of any written	109697
comments returned by the commission to the administrator.	109698

(6) Enter into contracts and make expenditures necessary for	109699
the efficient operation of the legal rights service;	109700

(7) Annually prepare a report of activities and submit copies	109701
of the report to the governor, the chief justice of the supreme	109702
court, the president of the senate, the speaker of the house of	109703
representatives, the director of mental health, and the director	109704
of developmental disabilities, and make the report available to	109705
the public;	109706

(8) Upon request of the commission or of the chairperson of	109707
the commission, report to the commission on specific litigation	109708
issues or activities.	109709

(G)(1) The legal rights service may act directly or contract	109710
with other organizations or individuals for the provision of the	109711
services envisioned under this section.	109712

(2) Whenever possible, the administrator shall attempt to	109713
facilitate the resolution of complaints through administrative	109714
channels. Subject to division (G)(3) of this section, if attempts	109715
at administrative resolution prove unsatisfactory, the	109716
administrator may pursue any legal, administrative, and other	109717
appropriate remedies or approaches that may be necessary to	109718
accomplish the purposes of this section.	109719

(3) The administrator may not pursue a class action lawsuit	109720
under division (G)(2) of this section when attempts at	109721
administrative resolution of a complaint prove unsatisfactory	109722
under that division unless both of the following have first	109723
occurred:	109724

(a) At least four members of the commission, by their	109725
affirmative vote, have consented to the pursuit of the class	109726
action lawsuit;	109727

(b) At least five members of the commission are present at	109728
the meeting of the commission at which that consent is obtained.	109729

(4) If compensation for the work of attorneys employed by	109730
the legal rights service or another agency or political	109731
subdivision of the state is awarded to the service in a class	109732
action lawsuit pursued by the service, the compensation shall be	109733
limited to the actual hourly rate of pay for that legal work.	109734

(5) All records received or maintained by the legal rights	109735
service in connection with any investigation, representation, or	109736
other activity under this section shall be confidential and shall	109737
not be disclosed except as authorized by the person represented by	109738
the legal rights service or, subject to any privilege, a guardian	109739
of the person or parent of the minor. Subject to division	109740
(G)~~(5)~~(7) of this section, relationships between personnel and the	109741
agents of the legal rights service and its clients shall be	109742
fiduciary relationships, and all communications shall be	109743
privileged as if between attorney and client.	109744

~~(5)~~(6) Any person who has been represented by the legal	109745
rights service or who has applied for and been denied	109746
representation and who files a grievance with the service	109747
concerning the representation or application may appeal the	109748
decision of the service on the grievance to the commission. The	109749
person may appeal notwithstanding any objections of the person's	109750
legal guardian. The commission may examine any records relevant to	109751
the appeal and shall maintain the confidentiality of any records	109752
that are required to be kept confidential.	109753

(H) The legal rights service, on the order of the	109754
administrator, with the approval by an affirmative vote of at	109755
least four members of the commission, may compel by subpoena the	109756
appearance and sworn testimony of any person the administrator	109757
reasonably believes may be able to provide information or to	109758
produce any documents, books, records, papers, or other	109759
information necessary to carry out its duties. On the refusal of	109760
any person to produce or authenticate any requested documents, the	109761
legal rights service may apply to the Franklin county court of	109762
common pleas to compel the production or authentication of	109763
requested documents. If the court finds that failure to produce or	109764
authenticate any requested documents was improper, the court may	109765
hold the person in contempt as in the case of disobedience of the	109766
requirements of a subpoena issued from the court, or a refusal to	109767
testify in the court.	109768

(I) The legal rights service may conduct public hearings.

109769

(J) The legal rights service may request from any	109770
governmental agency any cooperation, assistance, services, or data	109771
that will enable it to perform its duties.	109772

(K) In any malpractice action filed against the administrator	109773
of the legal rights service, a member of the staff of the legal	109774
rights service, or an attorney designated by the administrator to	109775
perform legal services under division (E) of this section, the	109776
state shall, when the administrator, member, or attorney has acted	109777
in good faith and in the scope of employment, indemnify the	109778
administrator, member, or attorney for any judgment awarded or	109779
amount negotiated in settlement, and for any court costs or legal	109780
fees incurred in defense of the claim.	109781

This division does not limit or waive, and shall not be	109782
construed to limit or waive, any defense that is available to the	109783
legal rights service, its administrator or employees, persons	109784
under a personal services contract with it, or persons designated	109785
under division (E) of this section, including, but not limited to,	109786
any defense available under section 9.86 of the Revised Code.	109787

(L) In addition to providing services to mentally ill,	109788
mentally retarded, or developmentally disabled persons, when a	109789
grant authorizing the provision of services to other individuals	109790
is accepted pursuant to division (F)(4) of this section, the legal	109791
rights service and its ombudsperson section may provide advocacy	109792
or ombudsperson services to those other individuals and exercise	109793
any other authority granted by this section or sections 5123.601	109794
to 5123.604 of the Revised Code on behalf of those individuals.	109795
Determinations of whether an individual is eligible for services	109796
under this division shall be made by the legal rights service.	109797

Sec. 5126.01. As used in this chapter:

109798

(A) As used in this division, "adult" means an individual who	109799
is eighteen years of age or over and not enrolled in a program or	109800
service under Chapter 3323. of the Revised Code and an individual	109801
sixteen or seventeen years of age who is eligible for adult	109802
services under rules adopted by the director of developmental	109803
disabilities pursuant to Chapter 119. of the Revised Code.	109804

(1) "Adult services" means services provided to an adult	109805
outside the home, except when they are provided within the home	109806
according to an individual's assessed needs and identified in an	109807
individual service plan, that support learning and assistance in	109808
the area of self-care, sensory and motor development,	109809
socialization, daily living skills, communication, community	109810
living, social skills, or vocational skills.	109811

(2) "Adult services" includes all of the following:

109812

(a) Adult day habilitation services;

109813

(b) Adult day care;

109814

109815

(d) Sheltered employment;

109816

(e) Educational experiences and training obtained through	109817
entities and activities that are not expressly intended for	109818
individuals with mental retardation and developmental	109819
disabilities, including trade schools, vocational or technical	109820
schools, adult education, job exploration and sampling, unpaid	109821
work experience in the community, volunteer activities, and	109822
spectator sports;	109823

(f) Community employment services and supported employment	109824
services.	109825

(B)(1) "Adult day habilitation services" means adult services	109826
that do the following:	109827

(a) Provide access to and participation in typical activities	109828
and functions of community life that are desired and chosen by the	109829
general population, including such activities and functions as	109830
opportunities to experience and participate in community	109831
exploration, companionship with friends and peers, leisure	109832
activities, hobbies, maintaining family contacts, community	109833
events, and activities where individuals without disabilities are	109834
involved;	109835

(b) Provide supports or a combination of training and	109836
supports that afford an individual a wide variety of opportunities	109837
to facilitate and build relationships and social supports in the	109838
community.	109839

(2) "Adult day habilitation services" includes all of the	109840
following:	109841

(a) Personal care services needed to ensure an individual's	109842
ability to experience and participate in vocational services,	109843
educational services, community activities, and any other adult	109844
day habilitation services;	109845

(b) Skilled services provided while receiving adult day	109846
habilitation services, including such skilled services as behavior	109847
management intervention, occupational therapy, speech and language	109848
therapy, physical therapy, and nursing services;	109849

(c) Training and education in self-determination designed to	109850
help the individual do one or more of the following: develop	109851
self-advocacy skills, exercise the individual's civil rights,	109852
acquire skills that enable the individual to exercise control and	109853
responsibility over the services received, and acquire skills that	109854
enable the individual to become more independent, integrated, or	109855
productive in the community;	109856

(d) Recreational and leisure activities identified in the	109857
individual's service plan as therapeutic in nature or assistive in	109858
developing or maintaining social supports;	109859

(e) Counseling and assistance provided to obtain housing,	109860
including such counseling as identifying options for either rental	109861
or purchase, identifying financial resources, assessing needs for	109862
environmental modifications, locating housing, and planning for	109863
ongoing management and maintenance of the housing selected;	109864

(f) Transportation necessary to access adult day habilitation	109865
services;	109866

(g) Habilitation management, as described in section 5126.14	109867
of the Revised Code.	109868

(3) "Adult day habilitation services" does not include	109869
activities that are components of the provision of residential	109870
services, family support services, or supported living services.	109871

109872

(1) In the case of a member of a county board of	109873
developmental disabilities appointed by, or to be appointed by, a	109874
board of county commissioners, the board of county commissioners;	109875

(2) In the case of a member of a county board appointed by,	109876
or to be appointed by, a senior probate judge, the senior probate	109877
judge.	109878

(D) "Community employment services" or "supported employment	109879
services" means job training and other services related to	109880
employment outside a sheltered workshop. "Community employment	109881
services" or "supported employment services" include all of the	109882
following:	109883

(1) Job training resulting in the attainment of competitive	109884
work, supported work in a typical work environment, or	109885
self-employment;	109886

(2) Supervised work experience through an employer paid to	109887
provide the supervised work experience;	109888

(3) Ongoing work in a competitive work environment at a wage	109889
commensurate with workers without disabilities;	109890

(4) Ongoing supervision by an employer paid to provide the	109891
supervision.	109892

(E) As used in this division, "substantial functional	109893
limitation," "developmental delay," and "established risk" have	109894
the meanings established pursuant to section 5123.011 of the	109895
Revised Code.	109896

"Developmental disability" means a severe, chronic disability	109897
that is characterized by all of the following:	109898

(1) It is attributable to a mental or physical impairment or	109899
a combination of mental and physical impairments, other than a	109900
mental or physical impairment solely caused by mental illness as	109901
defined in division (A) of section 5122.01 of the Revised Code;	109902

(2) It is manifested before age twenty-two;

109903

(3) It is likely to continue indefinitely;

109904

(4) It results in one of the following:

109905

(a) In the case of a person under age three, at least one	109906
developmental delay or an established risk;	109907

(b) In the case of a person at least age three but under age	109908
six, at least two developmental delays or an established risk;	109909

(c) In the case of a person age six or older, a substantial	109910
functional limitation in at least three of the following areas of	109911
major life activity, as appropriate for the person's age:	109912
self-care, receptive and expressive language, learning, mobility,	109913
self-direction, capacity for independent living, and, if the	109914
person is at least age sixteen, capacity for economic	109915
self-sufficiency.	109916

(5) It causes the person to need a combination and sequence	109917
of special, interdisciplinary, or other type of care, treatment,	109918
or provision of services for an extended period of time that is	109919
individually planned and coordinated for the person.	109920

(F) "Early childhood services" means a planned program of	109921
habilitation designed to meet the needs of individuals with mental	109922
retardation or other developmental disabilities who have not	109923
attained compulsory school age.	109924

(G)(1) "Environmental modifications" means the physical	109925
adaptations to an individual's home, specified in the individual's	109926
service plan, that are necessary to ensure the individual's	109927
health, safety, and welfare or that enable the individual to	109928
function with greater independence in the home, and without which	109929
the individual would require institutionalization.	109930

(2) "Environmental modifications" includes such adaptations	109931
as installation of ramps and grab-bars, widening of doorways,	109932
modification of bathroom facilities, and installation of	109933
specialized electric and plumbing systems necessary to accommodate	109934
the individual's medical equipment and supplies.	109935

(3) "Environmental modifications" does not include physical	109936
adaptations or improvements to the home that are of general	109937
utility or not of direct medical or remedial benefit to the	109938
individual, including such adaptations or improvements as	109939
carpeting, roof repair, and central air conditioning.	109940

(H) "Family support services" means the services provided	109941
under a family support services program operated under section	109942
5126.11 of the Revised Code.	109943

(I) "Habilitation" means the process by which the staff of	109944
the facility or agency assists an individual with mental	109945
retardation or other developmental disability in acquiring and	109946
maintaining those life skills that enable the individual to cope	109947
more effectively with the demands of the individual's own person	109948
and environment, and in raising the level of the individual's	109949
personal, physical, mental, social, and vocational efficiency.	109950
Habilitation includes, but is not limited to, programs of formal,	109951
structured education and training.	109952

(J) "Home and community-based services" means medicaid-funded	109953
home and community-based services specified in division (B)(1) of	109954
section 5111.87 of the Revised Code and provided under the	109955
medicaid waiver components the department of developmental	109956
disabilities administers pursuant to section 5111.871 of the	109957
Revised Code. However, home and community-based services provided	109958
under the medicaid waiver component known as the transitions	109959
developmental disabilities waiver are to be considered to be home	109960
and community-based services for the purposes of this chapter only	109961
to the extent, if any, provided by the contract required by	109962
section 5111.871 of the Revised Code regarding the waiver.	109963

(K) "Immediate family" means parents, grandparents, brothers,	109964
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,	109965
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and	109966
daughters-in-law.	109967

(L) "Medicaid" has the same meaning as in section 5111.01 of	109968
the Revised Code.	109969

(M) "Medicaid case management services" means case management	109970
services provided to an individual with mental retardation or	109971
other developmental disability that the state medicaid plan	109972
requires.	109973

(N) "Mental retardation" means a mental impairment manifested	109974
during the developmental period characterized by significantly	109975
subaverage general intellectual functioning existing concurrently	109976
with deficiencies in the effectiveness or degree with which an	109977
individual meets the standards of personal independence and social	109978
responsibility expected of the individual's age and cultural	109979
group.	109980

(O) "Residential services" means services to individuals with	109981
mental retardation or other developmental disabilities to provide	109982
housing, food, clothing, habilitation, staff support, and related	109983
support services necessary for the health, safety, and welfare of	109984
the individuals and the advancement of their quality of life.	109985
"Residential services" includes program management, as described	109986
in section 5126.14 of the Revised Code.	109987

(P) "Resources" means available capital and other assets,	109988
including moneys received from the federal, state, and local	109989
governments, private grants, and donations; appropriately	109990
qualified personnel; and appropriate capital facilities and	109991
equipment.	109992

(Q) "Senior probate judge" means the current probate judge of	109993
a county who has served as probate judge of that county longer	109994
than any of the other current probate judges of that county. If a	109995
county has only one probate judge, "senior probate judge" means	109996
that probate judge.	109997

(R) "Service and support administration" means the duties	109998
performed by a service and support administrator pursuant to	109999
section 5126.15 of the Revised Code.	110000

(S)(1) "Specialized medical, adaptive, and assistive	110001
equipment, supplies, and supports" means equipment, supplies, and	110002
supports that enable an individual to increase the ability to	110003
perform activities of daily living or to perceive, control, or	110004
communicate within the environment.	110005

(2) "Specialized medical, adaptive, and assistive equipment,	110006
supplies, and supports" includes the following:	110007

(a) Eating utensils, adaptive feeding dishes, plate guards,	110008
mylatex straps, hand splints, reaches, feeder seats, adjustable	110009
pointer sticks, interpreter services, telecommunication devices	110010
for the deaf, computerized communications boards, other	110011
communication devices, support animals, veterinary care for	110012
support animals, adaptive beds, supine boards, prone boards,	110013
wedges, sand bags, sidelayers, bolsters, adaptive electrical	110014
switches, hand-held shower heads, air conditioners, humidifiers,	110015
emergency response systems, folding shopping carts, vehicle lifts,	110016
vehicle hand controls, other adaptations of vehicles for	110017
accessibility, and repair of the equipment received.	110018

(b) Nondisposable items not covered by medicaid that are	110019
intended to assist an individual in activities of daily living or	110020
instrumental activities of daily living.	110021

(T) "Supportive home services" means a range of services to	110022
families of individuals with mental retardation or other	110023
developmental disabilities to develop and maintain increased	110024
acceptance and understanding of such persons, increased ability of	110025
family members to teach the person, better coordination between	110026
school and home, skills in performing specific therapeutic and	110027
management techniques, and ability to cope with specific	110028
situations.	110029

(U)(1) "Supported living" means services provided for as long	110030
as twenty-four hours a day to an individual with mental	110031
retardation or other developmental disability through any public	110032
or private resources, including moneys from the individual, that	110033
enhance the individual's reputation in community life and advance	110034
the individual's quality of life by doing the following:	110035

(a) Providing the support necessary to enable an individual	110036
to live in a residence of the individual's choice, with any number	110037
of individuals who are not disabled, or with not more than three	110038
individuals with mental retardation and developmental disabilities	110039
unless the individuals are related by blood or marriage;	110040

(b) Encouraging the individual's participation in the	110041
community;	110042

110043

(d) Assisting the individual in acquiring, retaining, and	110044
improving the skills and competence necessary to live successfully	110045
in the individual's residence.	110046

(2) "Supported living" includes the provision of all of the	110047
following:	110048

(a) Housing, food, clothing, habilitation, staff support,	110049
professional services, and any related support services necessary	110050
to ensure the health, safety, and welfare of the individual	110051
receiving the services;	110052

(b) A combination of lifelong or extended-duration	110053
supervision, training, and other services essential to daily	110054
living, including assessment and evaluation and assistance with	110055
the cost of training materials, transportation, fees, and	110056
supplies;	110057

110058

(d) Household maintenance that does not include modifications	110059
to the physical structure of the residence;	110060

(e) Respite care services;

110061

(f) Program management, as described in section 5126.14 of	110062
the Revised Code.	110063

Sec. 5126.029. (A) Each county board of developmental	110064
disabilities shall hold an organizational meeting no later than	110065
the thirty-first day of January of each year and shall elect its	110066
officers, which shall include a president, vice-president, and	110067
recording secretary. After its annual organizational meeting, the	110068
board shall meet in such manner and at such times as prescribed by	110069
rules adopted by the board, but the board shall meet at least ~~ten~~	110070
the following number of times annually in regularly scheduled	110071
sessions in accordance with section 121.22 of the Revised Code,	110072
not including in-service training sessions:	110073

(1) Unless division (A)(2) of this section applies to the	110074
board, ten;	110075

(2) If the board shares a superintendent or other	110076
administrative staff with one or more other boards of	110077
developmental disabilities, eight. A	110078

(B) A majority of the board constitutes a quorum. The board	110079
shall adopt rules for the conduct of its business and a record	110080
shall be kept of board proceedings, which shall be open for public	110081
inspection.	110082

Sec. 5126.04. (A) Each county board of developmental	110083
disabilities shall plan and set priorities based on available	110084
resources for the provision of facilities, programs, and other	110085
services to meet the needs of county residents who are individuals	110086
with mental retardation and other developmental disabilities,	110087
former residents of the county residing in state institutions or,	110088
before the effective date of this amendment, placed under purchase	110089
of service agreements under section 5123.18 of the Revised Code,	110090
and children subject to a determination made pursuant to section	110091
121.38 of the Revised Code.	110092

Each county board shall assess the facility and service needs	110093
of the individuals with mental retardation and other developmental	110094
disabilities who are residents of the county or former residents	110095
of the county residing in state institutions or, before the	110096
effective date of this amendment, placed under purchase of service	110097
agreements under section 5123.18 of the Revised Code.	110098

Each county board shall require individual habilitation or	110099
service plans for individuals with mental retardation and other	110100
developmental disabilities who are being served or who have been	110101
determined eligible for services and are awaiting the provision of	110102
services. Each board shall ensure that methods of having their	110103
service needs evaluated are available.	110104

(B)(1) If a foster child is in need of assessment for	110105
eligible services or is receiving services from a county board of	110106
developmental disabilities and that child is placed in a different	110107
county, the agency that placed the child, immediately upon	110108
placement, shall inform the county board in the new county all of	110109
the following:	110110

(a) That a foster child has been placed in that county;

110111

(b) The name and other identifying information of the foster	110112
child;	110113

(c) The name of the foster child's previous county of	110114
residence;	110115

(d) That the foster child was in need of assessment for	110116
eligible services or was receiving services from the county board	110117
of developmental disabilities in the previous county.	110118

(2) Upon receiving the notice described in division (B)(1) of	110119
this section or otherwise learning that the child was in need of	110120
assessment for eligible services or was receiving services from a	110121
county board of developmental disabilities in the previous county,	110122
the county board in the new county shall communicate with the	110123
county board of the previous county to determine how services for	110124
the foster child shall be provided in accordance with each board's	110125
plan and priorities as described in division (A) of this section.	110126

If the two county boards are unable to reach an agreement	110127
within ten days of the child's placement, the county board in the	110128
new county shall send notice to the Ohio department of	110129
developmental disabilities of the failure to agree. The department	110130
shall decide how services shall be provided for the foster child	110131
within ten days of receiving notice that the county boards could	110132
not reach an agreement. The department may decide that one, or	110133
both, of the county boards shall provide services. The services	110134
shall be provided in accordance with the board's plan and	110135
priorities as described in division (A) of this section.	110136

(C) The department of developmental disabilities may adopt	110137
rules in accordance with Chapter 119. of the Revised Code as	110138
necessary to implement this section. To the extent that rules	110139
adopted under this section apply to the identification and	110140
placement of children with disabilities under Chapter 3323. of the	110141
Revised Code, the rules shall be consistent with the standards and	110142
procedures established under sections 3323.03 to 3323.05 of the	110143
Revised Code.	110144

(D) The responsibility or authority of a county board to	110145
provide services under this chapter does not affect the	110146
responsibility of any other entity of state or local government to	110147
provide services to individuals with mental retardation and	110148
developmental disabilities.	110149

(E) On or before the first day of February prior to a school	110150
year, a county board of developmental disabilities may elect not	110151
to participate during that school year in the provision of or	110152
contracting for educational services for children ages six through	110153
twenty-one years of age, provided that on or before that date the	110154
board gives notice of this election to the superintendent of	110155
public instruction, each school district in the county, and the	110156
educational service center serving the county. If a board makes	110157
this election, it shall not have any responsibility for or	110158
authority to provide educational services that school year for	110159
children ages six through twenty-one years of age. If a board does	110160
not make an election for a school year in accordance with this	110161
division, the board shall be deemed to have elected to participate	110162
during that school year in the provision of or contracting for	110163
educational services for children ages six through twenty-one	110164
years of age.	110165

(F) If a county board of developmental disabilities elects to	110166
provide educational services during a school year to individuals	110167
six through twenty-one years of age who have multiple	110168
disabilities, the board may provide these services to individuals	110169
who are appropriately identified and determined eligible pursuant	110170
to Chapter 3323. of the Revised Code, and in accordance with	110171
applicable rules of the state board of education. The county board	110172
may also provide related services to individuals six through	110173
twenty-one years of age who have one or more disabling conditions,	110174
in accordance with section 3317.20 and Chapter 3323. of the	110175
Revised Code and applicable rules of the state board of education.	110176

Sec. 5126.042. (A) As used in this section:

110177

~~(1) "Emergency~~, emergency status" means ~~any situation~~a	110178
status that ~~creates for~~ an individual with mental retardation or	110179
developmental disabilities ahas when the individual is at risk	110180
of substantial self-harm or substantial harm to others if action	110181
is not taken within thirty days. An "emergency status" may include	110182
a status resulting from one or more of the following situations:	110183

~~(a)~~(1) Loss of present residence for any reason, including	110184
legal action;	110185

~~(b)~~(2) Loss of present caretaker for any reason, including	110186
serious illness of the caretaker, change in the caretaker's	110187
status, or inability of the caretaker to perform effectively for	110188
the individual;	110189

~~(c)~~(3) Abuse, neglect, or exploitation of the individual;

110190

~~(d)~~(4) Health and safety conditions that pose a serious risk	110191
to the individual or others of immediate harm or death;	110192

~~(e)~~(5) Change in the emotional or physical condition of the	110193
individual that necessitates substantial accommodation that cannot	110194
be reasonably provided by the individual's existing caretaker.	110195

~~(2) "Service substitution list" means a service substitution~~	110196
~~list established by a county board of developmental disabilities~~	110197
~~before September 1, 2008, pursuant to division (B) of this section~~	110198
~~as this section existed on the day immediately before September 1,~~	110199
~~2008.~~	110200

(B) If a county board of developmental disabilities	110201
determines that available resources are not sufficient to meet the	110202
needs of all individuals who request non-medicaid programs ~~and~~or	110203
services ~~and may be offered the programs and services~~, it shall	110204
establish one or more waiting lists for the non-medicaid programs	110205
or services in accordance with its plan developed under section	110206
5126.04 of the Revised Code. The board may establish priorities	110207
for making placements on its waiting lists ~~according to an~~	110208
~~individual's emergency status and shall establish priorities in~~	110209
~~accordance with divisions (D) and (E) of~~established under this	110210
~~section~~division. Any such priorities shall be consistent with the	110211
board's plan and applicable law.	110212

~~The individuals who may be placed on a waiting list include~~	110213
~~individuals with a need for services on an emergency basis and~~	110214
~~individuals who have requested services for which resources are~~	110215
~~not available.~~	110216

~~An individual placed on a county board's service substitution~~	110217
~~list before September 1, 2008, for the purpose of obtaining home~~	110218
~~and community-based services shall be deemed to have been placed~~	110219
~~on the county board's waiting list for home and community-based~~	110220
~~services on the date the individual made a request to the county~~	110221
~~board that the individual receive home and community-based~~	110222
~~services instead of the services the individual received at the~~	110223
~~time the request for home and community-based services was made to~~	110224
~~the county board.~~	110225

(C) AIf a county board ~~shall establish a separate waiting~~	110226
~~list for each of the following categories of services, and may~~	110227
~~establish separate waiting lists within the waiting lists:~~	110228

~~(1) Early childhood services;~~

110229

~~(2) Educational programs for preschool and school age~~	110230
~~children;~~	110231

~~(3) Adult services;~~

110232

~~(4) Service and support administration;~~

110233

~~(5) Residential services and supported living;~~

110234

~~(6) Transportation services;~~

110235

~~(7) Other services determined necessary and appropriate for~~	110236
~~persons with mental retardation or a developmental disability~~	110237
~~according to their individual habilitation or service plans~~;	110238

~~(8) Family support services provided under section 5126.11 of~~	110239
~~the Revised Code~~determines that available resources are	110240
insufficient to meet the needs of all individuals who request home	110241
and community-based services, it shall establish a waiting list	110242
for the services. An individual's date of placement on the waiting	110243
list shall be the date a request is made to the board for the	110244
individual to receive the home and community-based services. The	110245
board shall provide for an individual who has an emergency status	110246
to receive priority status on the waiting list. The board shall	110247
also provide for an individual to whom any of the following apply	110248
to receive priority status on the waiting list in accordance with	110249
rules adopted under division (E) of this section:	110250

(1) The individual is receiving supported living, family	110251
support services, or adult services for which no federal financial	110252
participation is received under the medicaid program;	110253

(2) The individual's primary caregiver is at least sixty	110254
years of age;	110255

(3) The individual has intensive needs as determined in	110256
accordance with rules adopted under division (E) of this section.	110257

(D) ~~Except as provided in division (G) of this section, a~~	110258
~~county board shall do, as priorities, all of the following in~~	110259
~~accordance with the assessment component, approved under section~~	110260
~~5123.046 of the Revised Code, of the county board's plan developed~~	110261
~~under section 5126.054 of the Revised Code:~~	110262

~~(1) For the purpose of obtaining additional federal medicaid~~	110263
~~funds for home and community-based services and medicaid case~~	110264
~~management services, do both of the following:~~	110265

~~(a) Give an individual who is eligible for home and~~	110266
~~community-based services and meets both of the following~~	110267
~~requirements priority over any other individual on a waiting list~~	110268
~~established under division (C) of this section for home and~~	110269
~~community-based services that include supported living,~~	110270
~~residential services, or family support services:~~	110271

~~(i) Is twenty-two years of age or older;~~

110272

~~(ii) Receives supported living or family support services.~~

110273

~~(b) Give an individual who is eligible for home and~~	110274
~~community-based services and meets both of the following~~	110275
~~requirements priority over any other individual on a waiting list~~	110276
~~established under division (C) of this section for home and~~	110277
~~community-based services that include adult services:~~	110278

~~(i) Resides in the individual's own home or the home of the~~	110279
~~individual's family and will continue to reside in that home after~~	110280
~~enrollment in home and community-based services;~~	110281

~~(ii) Receives adult services from the county board.~~

110282

~~(2) As federal medicaid funds become available pursuant to~~	110283
~~division (D)(1) of this section, give an individual who is~~	110284
~~eligible for home and community-based services and meets any of~~	110285
~~the following requirements priority for such services over any~~	110286
~~other individual on a waiting list established under division (C)~~	110287
~~of this section:~~	110288

~~(a) Does not receive residential services or supported~~	110289
~~living, either needs services in the individual's current living~~	110290
~~arrangement or will need services in a new living arrangement, and~~	110291
~~has a primary caregiver who is sixty years of age or older;~~	110292

~~(b) Is less than twenty-two years of age and has at least one~~	110293
~~of the following service needs that are unusual in scope or~~	110294
~~intensity:~~	110295

~~(i) Severe behavior problems for which a behavior support~~	110296
~~plan is needed;~~	110297

~~(ii) An emotional disorder for which anti-psychotic~~	110298
~~medication is needed;~~	110299

~~(iii) A medical condition that leaves the individual~~	110300
~~dependent on life-support medical technology;~~	110301

~~(iv) A condition affecting multiple body systems for which a~~	110302
~~combination of specialized medical, psychological, educational, or~~	110303
~~habilitation services are needed;~~	110304

~~(v) A condition the county board determines to be comparable~~	110305
~~in severity to any condition described in divisions (D)(2)(b)(i)~~	110306
~~to (iv) of this section and places the individual at significant~~	110307
~~risk of institutionalization.~~	110308

~~(c) Is twenty-two years of age or older, does not receive~~	110309
~~residential services or supported living, and is determined by the~~	110310
~~county board to have intensive needs for home and community-based~~	110311
~~services on an in-home or out-of-home basis.~~	110312

~~(E) Except as provided in division (G) of this section and~~	110313
~~for a number of years and beginning on a date specified in rules~~	110314
~~adopted under division (K) of this section, a county board shall~~	110315
~~give an individual who is eligible for home and community-based~~	110316
~~services, resides in a nursing facility, and chooses to move to~~	110317
~~another setting with the help of home and community-based~~	110318
~~services, priority over any other individual on a waiting list~~	110319
~~established under division (C) of this section for home and~~	110320
~~community-based services who does not meet these criteria.~~	110321

~~(F)~~ If two or more individuals on a waiting list established	110322
under division (C) of this section for home and community-based	110323
services have priority for the services pursuant to division	110324
~~(D)~~(C)(1) or, (2), or ~~(E)~~(3) of this section, a county board ~~may~~	110325
shall use criteria specified in rules adopted under division	110326
~~(K)(2)~~(E) of this section in determining the order in which the	110327
individuals with priority will be offered the ~~services. Otherwise,~~	110328
~~the county board shall offer the home and community-based services~~	110329
~~to such individuals in the order they are placed on the waiting~~	110330
~~list.~~	110331

~~(G) No individual may receive priority for services pursuant~~	110332
~~to division (D) or (E) of this section over an individual placed~~	110333
~~on a waiting list established under division (C) of this section~~	110334
~~on an emergency status~~services. An individual who has priority	110335
for home and community-based services because the individual has	110336
an emergency status has priority for the services over all other	110337
individuals on the waiting list who do not have emergency status.	110338

~~(H) Prior to establishing any waiting list under this~~	110339
~~section, a county board shall develop and implement a policy for~~	110340
~~waiting lists that complies with this section and rules adopted~~	110341
~~under division (K) of this section.~~	110342

~~Prior to placing an individual on a waiting list, the county~~	110343
~~board shall assess the service needs of the individual in~~	110344
~~accordance with all applicable state and federal laws. The county~~	110345
~~board shall place the individual on the appropriate waiting list~~	110346
~~and may place the individual on more than one waiting list. The~~	110347
~~county board shall notify the individual of the individual's~~	110348
~~placement and position on each waiting list on which the~~	110349
~~individual is placed.~~	110350

~~At least annually, the county board shall reassess the~~	110351
~~service needs of each individual on a waiting list. If it~~	110352
~~determines that an individual no longer needs a program or~~	110353
~~service, the county board shall remove the individual from the~~	110354
~~waiting list. If it determines that an individual needs a program~~	110355
~~or service other than the one for which the individual is on the~~	110356
~~waiting list, the county board shall provide the program or~~	110357
~~service to the individual or place the individual on a waiting~~	110358
~~list for the program or service in accordance with the board's~~	110359
~~policy for waiting lists.~~	110360

~~When a program or service for which there is a waiting list~~	110361
~~becomes available, the county board shall reassess the service~~	110362
~~needs of the individual next scheduled on the waiting list to~~	110363
~~receive that program or service. If the reassessment demonstrates~~	110364
~~that the individual continues to need the program or service, the~~	110365
~~board shall offer the program or service to the individual. If it~~	110366
~~determines that an individual no longer needs a program or~~	110367
~~service, the county board shall remove the individual from the~~	110368
~~waiting list. If it determines that an individual needs a program~~	110369
~~or service other than the one for which the individual is on the~~	110370
~~waiting list, the county board shall provide the program or~~	110371
~~service to the individual or place the individual on a waiting~~	110372
~~list for the program or service in accordance with the board's~~	110373
~~policy for waiting lists. The county board shall notify the~~	110374
~~individual of the individual's placement and position on the~~	110375
~~waiting list on which the individual is placed.~~	110376

~~(I) A child subject to a determination made pursuant to~~	110377
~~section 121.38 of the Revised Code who requires the home and~~	110378
~~community-based services provided through a medicaid component~~	110379
~~that the department of developmental disabilities administers~~	110380
~~under section 5111.871 of the Revised Code shall receive services~~	110381
~~through that medicaid component. For all other services, a child~~	110382
~~subject to a determination made pursuant to section 121.38 of the~~	110383
~~Revised Code shall be treated as an emergency by the county boards~~	110384
~~and shall not be subject to a waiting list.~~	110385

~~(J) Not later than the fifteenth day of March of each~~	110386
~~even-numbered year, each county board shall prepare and submit to~~	110387
~~the director of developmental disabilities its recommendations for~~	110388
~~the funding of services for individuals with mental retardation~~	110389
~~and developmental disabilities and its proposals for reducing the~~	110390
~~waiting lists for services.~~	110391

~~(K)(1)~~(E) The department of developmental disabilities shall	110392
adopt rules in accordance with Chapter 119. of the Revised Code	110393
governing waiting lists established under division (C) of this	110394
section. The rules shall include procedures to be followed to	110395
ensure that the due process rights of individuals placed on	110396
waiting lists are not violated. As	110397

~~(2) As~~ part of the rules adopted under this division, the	110398
department shall adopt rules establishing criteria a county board	110399
~~may~~shall use under division ~~(F)~~(D) of this section in determining	110400
the order in which individuals with priority for home and	110401
community-based services pursuant to division (C)(1), (2), or (3)	110402
of this section will be offered the services. ~~The rules shall also~~	110403
~~specify conditions under which a county board, when there is no~~	110404
~~individual with priority for home and community-based services~~	110405
~~pursuant to division (D)(1) or (2) or (E) of this section~~	110406
~~available and appropriate for the services, may offer the services~~	110407
~~to an individual on a waiting list for the services but not given~~	110408
~~such priority for the services.~~	110409

~~(3) As part of the rules adopted under this division, the~~	110410
~~department shall adopt rules specifying both of the following for~~	110411
~~the priority category established under division (E) of this~~	110412
~~section:~~	110413

~~(a) The number of years, which shall not exceed five, that~~	110414
~~the priority category will be in effect;~~	110415

~~(b) The date that the priority category is to go into effect.~~

110416

~~(L)~~(F) The following shall take precedence over the	110417
applicable provisions of this section:	110418

(1) Medicaid rules and regulations;

110419

(2) Any specific requirements that may be contained within a	110420
medicaid state plan amendment or waiver program that a county	110421
board has authority to administer or with respect to which it has	110422
authority to provide services, programs, or supports.	110423

Sec. 5126.05. (A) Subject to the rules established by the	110424
director of developmental disabilities pursuant to Chapter 119. of	110425
the Revised Code for programs and services offered pursuant to	110426
this chapter, and subject to the rules established by the state	110427
board of education pursuant to Chapter 119. of the Revised Code	110428
for programs and services offered pursuant to Chapter 3323. of the	110429
Revised Code, the county board of developmental disabilities	110430
shall:	110431

(1) Administer and operate facilities, programs, and services	110432
as provided by this chapter and Chapter 3323. of the Revised Code	110433
and establish policies for their administration and operation;	110434

(2) Coordinate, monitor, and evaluate existing services and	110435
facilities available to individuals with mental retardation and	110436
developmental disabilities;	110437

(3) Provide early childhood services, supportive home	110438
services, and adult services, according to the plan and priorities	110439
developed under section 5126.04 of the Revised Code;	110440

(4) Provide or contract for special education services	110441
pursuant to Chapters ~~3306.,~~ 3317. and 3323. of the Revised Code	110442
and ensure that related services, as defined in section 3323.01 of	110443
the Revised Code, are available according to the plan and	110444
priorities developed under section 5126.04 of the Revised Code;	110445

(5) Adopt a budget, authorize expenditures for the purposes	110446
specified in this chapter and do so in accordance with section	110447
319.16 of the Revised Code, approve attendance of board members	110448
and employees at professional meetings and approve expenditures	110449
for attendance, and exercise such powers and duties as are	110450
prescribed by the director;	110451

(6) Submit annual reports of its work and expenditures,	110452
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	110453
the director, the superintendent of public instruction, and the	110454
board of county commissioners at the close of the fiscal year and	110455
at such other times as may reasonably be requested;	110456

(7) Authorize all positions of employment, establish	110457
compensation, including but not limited to salary schedules and	110458
fringe benefits for all board employees, approve contracts of	110459
employment for management employees that are for a term of more	110460
than one year, employ legal counsel under section 309.10 of the	110461
Revised Code, and contract for employee benefits;	110462

(8) Provide service and support administration in accordance	110463
with section 5126.15 of the Revised Code;	110464

(9) Certify respite care homes pursuant to rules adopted	110465
under section 5123.171 of the Revised Code by the director of	110466
developmental disabilities.	110467

(B) To the extent that rules adopted under this section apply	110468
to the identification and placement of children with disabilities	110469
under Chapter 3323. of the Revised Code, they shall be consistent	110470
with the standards and procedures established under sections	110471
3323.03 to 3323.05 of the Revised Code.	110472

(C) Any county board may enter into contracts with other such	110473
boards and with public or private, nonprofit, or profit-making	110474
agencies or organizations of the same or another county, to	110475
provide the facilities, programs, and services authorized or	110476
required, upon such terms as may be agreeable, and in accordance	110477
with this chapter and Chapter 3323. of the Revised Code and rules	110478
adopted thereunder and in accordance with sections 307.86 and	110479
5126.071 of the Revised Code.	110480

(D) A county board may combine transportation for children	110481
and adults enrolled in programs and services offered under ~~section~~	110482
~~5126.12~~Chapter 5126. of the Revised Code with transportation for	110483
children enrolled in classes funded under section 3317.20 or units	110484
approved under section 3317.05 of the Revised Code.	110485

(E) A county board may purchase all necessary insurance	110486
policies, may purchase equipment and supplies through the	110487
department of administrative services or from other sources, and	110488
may enter into agreements with public agencies or nonprofit	110489
organizations for cooperative purchasing arrangements.	110490

(F) A county board may receive by gift, grant, devise, or	110491
bequest any moneys, lands, or property for the benefit of the	110492
purposes for which the board is established and hold, apply, and	110493
dispose of the moneys, lands, and property according to the terms	110494
of the gift, grant, devise, or bequest. All money received by	110495
gift, grant, bequest, or disposition of lands or property received	110496
by gift, grant, devise, or bequest shall be deposited in the	110497
county treasury to the credit of such board and shall be available	110498
for use by the board for purposes determined or stated by the	110499
donor or grantor, but may not be used for personal expenses of the	110500
board members. Any interest or earnings accruing from such gift,	110501
grant, devise, or bequest shall be treated in the same manner and	110502
subject to the same provisions as such gift, grant, devise, or	110503
bequest.	110504

(G) The board of county commissioners shall levy taxes and	110505
make appropriations sufficient to enable the county board of	110506
developmental disabilities to perform its functions and duties,	110507
and may utilize any available local, state, and federal funds for	110508
such purpose.	110509

Sec. 5126.054. (A) Each county board of developmental	110510
disabilities shall, by resolution, develop a three-calendar year	110511
plan that includes the following three components:	110512

(1) An assessment component that includes all of the	110513
following:	110514

(a) The number of individuals with mental retardation or	110515
other developmental disability residing in the county who need the	110516
level of care provided by an intermediate care facility for the	110517
mentally retarded, may seek home and community-based services, and	110518
are given priority on a waiting list established for the services	110519
pursuant to ~~division (D) of~~ section 5126.042 of the Revised Code;	110520
the service needs of those individuals; and the projected	110521
annualized cost for services;	110522

(b) The source of funds available to the county board to pay	110523
the nonfederal share of medicaid expenditures that the county	110524
board is required by sections 5126.059 and 5126.0510 of the	110525
Revised Code to pay;	110526

(c) Any other applicable information or conditions that the	110527
department of developmental disabilities requires as a condition	110528
of approving the component under section 5123.046 of the Revised	110529
Code.	110530

(2) A preliminary implementation component that specifies the	110531
number of individuals to be provided, during the first year that	110532
the plan is in effect, home and community-based services pursuant	110533
to the waiting list priority given to them under ~~divisions (D)(1)~~	110534
~~and (2) of~~ section 5126.042 of the Revised Code and the types of	110535
home and community-based services the individuals are to receive;	110536

(3) A component that provides for the implementation of	110537
medicaid case management services and home and community-based	110538
services for individuals who begin to receive the services on or	110539
after the date the plan is approved under section 5123.046 of the	110540
Revised Code. A county board shall include all of the following in	110541
the component:	110542

(a) If the department of developmental disabilities or	110543
department of job and family services requires, an agreement to	110544
pay the nonfederal share of medicaid expenditures that the county	110545
board is required by sections 5126.059 and 5126.0510 of the	110546
Revised Code to pay;	110547

(b) How the services are to be phased in over the period the	110548
plan covers, including how the county board will serve individuals	110549
who have priority on a waiting list established under ~~division (C)~~	110550
of section 5126.042 ~~who are given priority status under division~~	110551
~~(D)(1) of that section~~of the Revised Code;	110552

(c) Any agreement or commitment regarding the county board's	110553
funding of home and community-based services that the county board	110554
has with the department at the time the county board develops the	110555
component;	110556

(d) Assurances adequate to the department that the county	110557
board will comply with all of the following requirements:	110558

(i) To provide the types of home and community-based services	110559
specified in the preliminary implementation component required by	110560
division (A)(2) of this section to at least the number of	110561
individuals specified in that component;	110562

(ii) To use any additional funds the county board receives	110563
for the services to improve the county board's resource	110564
capabilities for supporting such services available in the county	110565
at the time the component is developed and to expand the services	110566
to accommodate the unmet need for those services in the county;	110567

(iii) To employ or contract with a business manager or enter	110568
into an agreement with another county board of developmental	110569
disabilities that employs or contracts with a business manager to	110570
have the business manager serve both county boards. No	110571
superintendent of a county board may serve as the county board's	110572
business manager.	110573

(iv) To employ or contract with a medicaid services manager	110574
or enter into an agreement with another county board of	110575
developmental disabilities that employs or contracts with a	110576
medicaid services manager to have the medicaid services manager	110577
serve both county boards. No superintendent of a county board may	110578
serve as the county board's medicaid services manager.	110579

(e) Programmatic and financial accountability measures and	110580
projected outcomes expected from the implementation of the plan;	110581

(f) Any other applicable information or conditions that the	110582
department requires as a condition of approving the component	110583
under section 5123.046 of the Revised Code.	110584

(B) A county board whose plan developed under division (A) of	110585
this section is approved by the department under section 5123.046	110586
of the Revised Code shall update and renew the plan in accordance	110587
with a schedule the department shall develop.	110588

Sec. 5126.0510. (A) Except as otherwise provided in an	110589
agreement entered into under section 5123.048 of the Revised Code	110590
and subject to divisions (B), (C), and (D) of this section, a	110591
county board of developmental disabilities shall pay the	110592
nonfederal share of medicaid expenditures for the following home	110593
and community-based services provided to an individual with mental	110594
retardation or other developmental disability who the county board	110595
determines under section 5126.041 of the Revised Code is eligible	110596
for county board services:	110597

(1) Home and community-based services provided by the county	110598
board to such an individual;	110599

(2) Home and community-based services provided by a provider	110600
other than the county board to such an individual who is enrolled	110601
as of June 30, 2007, in the medicaid waiver component under which	110602
the services are provided;	110603

(3) Home and community-based services provided by a provider	110604
other than the county board to such an individual who, pursuant to	110605
a request the county board makes, enrolls in the medicaid waiver	110606
component under which the services are provided after June 30,	110607
2007;	110608

(4) Home and community-based services provided by a provider	110609
other than the county board to such an individual for whom there	110610
is in effect an agreement entered into under division (E) of this	110611
section between the county board and director of developmental	110612
disabilities.	110613

(B) In the case of medicaid expenditures for home and	110614
community-based services for which division (A)(2) of this section	110615
requires a county board to pay the nonfederal share, the following	110616
shall apply to such services provided during fiscal year 2008	110617
under the individual options medicaid waiver component:	110618

(1) The county board shall pay no less than the total amount	110619
the county board paid as the nonfederal share for home and	110620
community-based services provided in fiscal year 2007 under the	110621
individual options medicaid waiver component;	110622

(2) The county board shall pay no more than the sum of the	110623
following:	110624

(a) The total amount the county board paid as the nonfederal	110625
share for home and community-based services provided in fiscal	110626
year 2007 under the individual options medicaid waiver component;	110627

(b) An amount equal to one per cent of the total amount the	110628
department of developmental disabilities and county board paid as	110629
the nonfederal share for home and community-based services	110630
provided in fiscal year 2007 under the individual options medicaid	110631
waiver component to individuals the county board determined under	110632
section 5126.041 of the Revised Code are eligible for county board	110633
services.	110634

(C) A county board is not required to pay the nonfederal	110635
share of home and community-based services provided after June 30,	110636
2008, that the county board is otherwise required by division	110637
(A)(2) of this section to pay if the department of developmental	110638
disabilities fails to comply with division (A) of section	110639
5123.0416 of the Revised Code.	110640

(D) A county board is not required to pay the nonfederal	110641
share of home and community-based services that the county board	110642
is otherwise required by division (A)(3) of this section to pay if	110643
both of the following apply:	110644

(1) The services are provided to an individual who enrolls in	110645
the medicaid waiver component under which the services are	110646
provided as the result of an order issued following a state	110647
hearing, administrative appeal, or appeal to a court of common	110648
pleas made under section 5101.35 of the Revised Code;	110649

(2) There are more individuals who are eligible for services	110650
from the county board enrolled in ~~the medicaid waiver component~~	110651
home and community-based services than is required by section	110652
5126.0512 of the Revised Code.	110653

(E) A county board may enter into an agreement with the	110654
director of developmental disabilities under which the county	110655
board agrees to pay the nonfederal share of medicaid expenditures	110656
for one or more home and community-based services that the county	110657
board is not otherwise required by division (A)(1), (2), or (3) of	110658
this section to pay and that are provided to an individual the	110659
county board determines under section 5126.041 of the Revised Code	110660
is eligible for county board services. The agreement shall specify	110661
which home and community-based services the agreement covers. The	110662
county board shall pay the nonfederal share of medicaid	110663
expenditures for the home and community-based services that the	110664
agreement covers as long as the agreement is in effect.	110665

Sec. 5126.0511. (A) A county board of developmental	110666
disabilities may use the following funds to pay the nonfederal	110667
share of the medicaid expenditures that the county board is	110668
required by sections 5126.059 and 5126.0510 of the Revised Code to	110669
pay:	110670

(1) To the extent consistent with the levy that generated the	110671
taxes, the following taxes:	110672

(a) Taxes levied pursuant to division (L) of section 5705.19	110673
of the Revised Code and section 5705.222 of the Revised Code;	110674

(b) Taxes levied under section 5705.191 of the Revised Code	110675
that the board of county commissioners allocates to the county	110676
board.	110677

(2) Funds that the department of developmental disabilities	110678
distributes to the county board under ~~sections 5126.11 and~~section	110679
5126.18 of the Revised Code and for purposes of the family support	110680
services program established under section 5126.11 of the Revised	110681
Code;	110682

(3) Earned federal revenue funds the county board receives	110683
for medicaid services the county board provides pursuant to the	110684
county board's valid medicaid provider agreement;	110685

(4) Funds that the department of developmental disabilities	110686
distributes to the county board as subsidy payments;	110687

(5) In the case of medicaid expenditures for home and	110688
community-based services, funds allocated to or otherwise made	110689
available for the county board under section 5123.0416 of the	110690
Revised Code to pay the nonfederal share of such medicaid	110691
expenditures.	110692

(B) Each year, each county board shall adopt a resolution	110693
specifying the amount of funds it will use in the next year to pay	110694
the nonfederal share of the medicaid expenditures that the county	110695
board is required by sections 5126.059 and 5126.0510 of the	110696
Revised Code to pay. The amount specified shall be adequate to	110697
assure that the services for which the medicaid expenditures are	110698
made will be available in the county in a manner that conforms to	110699
all applicable state and federal laws. A county board shall state	110700
in its resolution that the payment of the nonfederal share	110701
represents an ongoing financial commitment of the county board. A	110702
county board shall adopt the resolution in time for the county	110703
auditor to make the determination required by division (C) of this	110704
section.	110705

(C) Each year, a county auditor shall determine whether the	110706
amount of funds a county board specifies in the resolution it	110707
adopts under division (B) of this section will be available in the	110708
following year for the county board to pay the nonfederal share of	110709
the medicaid expenditures that the county board is required by	110710
sections 5126.059 and 5126.0510 of the Revised Code to pay. The	110711
county auditor shall make the determination not later than the	110712
last day of the year before the year in which the funds are to be	110713
used.	110714

Sec. 5126.0512. (A) ~~As used in this section, "medicaid~~	110715
~~waiver component" means a medicaid waiver component as defined in~~	110716
~~section 5111.85 of the Revised Code under which home and~~	110717
~~community-based services are provided.~~	110718

~~(B) Effective July 1, 2007, and except~~Except as provided in	110719
rules adopted under section 5123.0413 of the Revised Code, each	110720
county board of developmental disabilities shall ensure~~, for each~~	110721
~~medicaid waiver component,~~ that the number of individuals eligible	110722
under section 5126.041 of the Revised Code for services from the	110723
county board who are enrolled in ~~a medicaid waiver component~~home	110724
and community-based services is no less than the sum of the	110725
following:	110726

(1) The number of individuals eligible for services from the	110727
county board who are enrolled in ~~the medicaid waiver component~~	110728
home and community-based services on June 30, 2007;	110729

(2) The number of ~~medicaid waiver component~~home and	110730
community-based services slots the county board requested before	110731
July 1, 2007, that were assigned to the county board before that	110732
date but in which no individual was enrolled before that date.	110733

~~(C)~~(B) An individual enrolled in ~~a medicaid waiver component~~	110734
home and community-based services after March 1, 2007, due to an	110735
emergency reserve capacity waiver assignment shall not be counted	110736
in determining the number of individuals a county board must	110737
ensure under division ~~(B)~~(A) of this section are enrolled in a	110738
~~medicaid waiver component~~home and community-based services.	110739

~~(D)~~(C) An individual who is enrolled in ~~a medicaid waiver~~	110740
~~component~~home and community-based services to comply with the	110741
terms of the consent order filed March 5, 2007, in Martin v.	110742
Strickland, Case No. 89-CV-00362, in the United States district	110743
court for the southern district of Ohio, eastern division, shall	110744
be excluded in determining whether a county board has complied	110745
with division ~~(B)~~(A) of this section.	110746

~~(E)~~(D) A county board shall make as many requests for	110747
individuals to be enrolled in ~~a medicaid waiver component~~home and	110748
community-based services as necessary for the county board to	110749
comply with division ~~(B)~~(A) of this section.	110750

Sec. 5126.08. (A) The director of developmental disabilities	110751
shall adopt rules in accordance with Chapter 119. of the Revised	110752
Code for all programs and services offered by a county board of	110753
developmental disabilities. Such rules shall include, but are not	110754
limited to, the following:	110755

(1) Determination of what constitutes a program or service;

110756

(2) Standards to be followed by a board in administering,	110757
providing, arranging, or operating programs and services;	110758

(3) Standards for determining the nature and degree of mental	110759
retardation, including mild mental retardation, or developmental	110760
disability;	110761

(4) Standards for determining eligibility for programs and	110762
services under ~~sections 5126.042 and~~section 5126.15 of the	110763
Revised Code;	110764

(5) Procedures for obtaining consent for the arrangement of	110765
services under section 5126.31 of the Revised Code and for	110766
obtaining signatures on individual service plans under that	110767
section;	110768

(6) Specification of the service and support administration	110769
to be provided by a county board and standards for resolving	110770
grievances in connection with service and support administration;	110771

~~(7) Standards for the provision of environmental~~	110772
~~modifications, including standards that require adherence to all~~	110773
~~applicable state and local building codes;~~	110774

~~(8) Standards for the provision of specialized medical,~~	110775
~~adaptive, and assistive equipment, supplies, and supports~~.	110776

(B) The director shall be the final authority in determining	110777
the nature and degree of mental retardation or developmental	110778
disability.	110779

Sec. 5126.11. (A) As used in this section, "respite care"	110780
means appropriate, short-term, temporary care that is provided to	110781
a mentally retarded or developmentally disabled person to sustain	110782
the family structure or to meet planned or emergency needs of the	110783
family.	110784

(B) Subject to rules adopted by the director of developmental	110785
disabilities, and subject to the availability of money from state	110786
and federal sources, the county board of developmental	110787
disabilities shall establish a family support services program.	110788
Under such a program, the board shall make payments to an	110789
individual with mental retardation or other developmental	110790
disability or the family of an individual with mental retardation	110791
or other developmental disability who desires to remain in and be	110792
supported in the family home. Payments shall be made for all or	110793
part of costs incurred or estimated to be incurred for services	110794
that would promote self-sufficiency and normalization, prevent or	110795
reduce inappropriate institutional care, and further the unity of	110796
the family by enabling the family to meet the special needs of the	110797
individual and to live as much like other families as possible.	110798
Payments may be made in the form of reimbursement for expenditures	110799
or in the form of vouchers to be used to purchase services.	110800

(C) Payment shall not be made under this section to an	110801
individual or the individual's family if the individual is living	110802
in a residential facility that is providing residential services	110803
under contract with the department of developmental disabilities	110804
or a county board.	110805

(D) Payments may be made for the following services:

110806

(1) Respite care, in or out of the home;

110807

(2) Counseling, supervision, training, and education of the	110808
individual, the individual's caregivers, and members of the	110809
individual's family that aid the family in providing proper care	110810
for the individual, provide for the special needs of the family,	110811
and assist in all aspects of the individual's daily living;	110812

(3) Special diets, purchase or lease of special equipment, or	110813
modifications of the home, if such diets, equipment, or	110814
modifications are necessary to improve or facilitate the care and	110815
living environment of the individual;	110816

(4) Providing support necessary for the individual's	110817
continued skill development, including such services as	110818
development of interventions to cope with unique problems that may	110819
occur within the complexity of the family, enrollment of the	110820
individual in special summer programs, provision of appropriate	110821
leisure activities, and other social skills development	110822
activities;	110823

(5) Any other services that are consistent with the purposes	110824
specified in division (B) of this section and specified in the	110825
individual's service plan.	110826

(E) In order to be eligible for payments under a family	110827
support services program, the individual or the individual's	110828
family must reside in the county served by the county board, and	110829
the individual must be in need of habilitation. Payments shall be	110830
adjusted for income in accordance with the payment schedule	110831
established in rules adopted under this section. Payments shall be	110832
made only after the county board has taken into account all other	110833
available assistance for which the individual or family is	110834
eligible.	110835

(F) Before incurring expenses for a service for which payment	110836
will be sought under a family support services program, the	110837
individual or family shall apply to the county board for a	110838
determination of eligibility and approval of the service. The	110839
service need not be provided in the county served by the county	110840
board. After being determined eligible and receiving approval for	110841
the service, the individual or family may incur expenses for the	110842
service or use the vouchers received from the county board for the	110843
purchase of the service.	110844

If the county board refuses to approve a service, an appeal	110845
may be made in accordance with rules adopted by the department	110846
under this section.	110847

(G) To be reimbursed for expenses incurred for approved	110848
services, the individual or family shall submit to the county	110849
board a statement of the expenses incurred accompanied by any	110850
evidence required by the board. To redeem vouchers used to	110851
purchase approved services, the entity that provided the service	110852
shall submit to the county board evidence that the service was	110853
provided and a statement of the charges. The county board shall	110854
make reimbursements and redeem vouchers no later than forty-five	110855
days after it receives the statements and evidence required by	110856
this division.	110857

(H) A county board shall consider the following objectives in	110858
carrying out a family support services program:	110859

(1) Enabling individuals to return to their families from an	110860
institution under the jurisdiction of the department of	110861
developmental disabilities;	110862

(2) Enabling individuals found to be subject to	110863
institutionalization by court order under section 5123.76 of the	110864
Revised Code to remain with their families with the aid of	110865
payments provided under this section;	110866

(3) Providing services to eligible children and adults	110867
currently residing in the community;	110868

(4) Providing services to individuals with developmental	110869
disabilities who are not receiving other services from the board.	110870

(I) The director shall adopt, and may amend and rescind,	110871
rules for the implementation of family support services programs	110872
by county boards. Such rules shall include the following:	110873

(1) A payment schedule adjusted for income;

110874

(2) ~~A formula for distributing to county boards the money~~	110875
~~appropriated for family support services;~~	110876

~~(3)~~ Standards for supervision, training, and quality control	110877
in the provision of respite care services;	110878

~~(4)~~(3) Eligibility standards and procedures for providing	110879
temporary emergency respite care;	110880

~~(5)~~(4) Procedures for hearing and deciding appeals made under	110881
division (F) of this section;	110882

~~(6) Requirements to be followed by county boards regarding~~	110883
~~reports submitted under division (K) of this section~~.	110884

Rules adopted under ~~divisions~~division (I)(1) ~~and (2)~~ of this	110885
section shall be adopted in accordance with section 111.15 of the	110886
Revised Code. Rules adopted under divisions (I)~~(3)~~(2) to ~~(6)~~(4) of	110887
this section shall be adopted in accordance with Chapter 119. of	110888
the Revised Code.	110889

(J) All individuals certified by the superintendent of the	110890
county board as eligible for temporary emergency respite care in	110891
accordance with rules adopted under this section shall be	110892
considered eligible for temporary emergency respite care for not	110893
more than five days to permit the determination of eligibility for	110894
family support services. The requirements of divisions (E) and (F)	110895
of this section do not apply to temporary emergency respite care.	110896

(K) ~~The department of developmental disabilities shall~~	110897
~~distribute to county boards money appropriated for family support~~	110898
~~services in quarterly installments of equal amounts. The~~	110899
~~installments shall be made not later than the thirtieth day of~~	110900
~~September, the thirty-first day of December, the thirty-first day~~	110901
~~of March, and the thirtieth day of June. A county board shall use~~	110902
~~no more than seven per cent of the funds for administrative costs.~~	110903
~~Each county board shall submit reports to the department on~~	110904
~~payments made under this section. The reports shall be submitted~~	110905
~~at those times and in the manner specified in rules adopted under~~	110906
~~this section.~~	110907

~~(L)~~ The county board shall not be required to make payments	110908
for family support services at a level that exceeds available	110909
state and federal funds for such payments.	110910

Sec. 5126.12. ~~(A) As used in this section:~~

110911

~~(1) "Approved school age class" means a class operated by a~~	110912
~~county board of developmental disabilities and funded by the~~	110913
~~department of education under section 3317.20 of the Revised Code.~~	110914

~~(2) "Approved preschool unit" means a class or unit operated~~	110915
~~by a county board of developmental disabilities and approved under~~	110916
~~division (B) of section 3317.05 of the Revised Code.~~	110917

~~(3) "Active treatment" means a continuous treatment program,~~	110918
~~which includes aggressive, consistent implementation of a program~~	110919
~~of specialized and generic training, treatment, health services,~~	110920
~~and related services, that is directed toward the acquisition of~~	110921
~~behaviors necessary for an individual with mental retardation or~~	110922
~~other developmental disability to function with as much~~	110923
~~self-determination and independence as possible and toward the~~	110924
~~prevention of deceleration, regression, or loss of current optimal~~	110925
~~functional status.~~	110926

~~(4) "Eligible for active treatment" means that an individual~~	110927
~~with mental retardation or other developmental disability resides~~	110928
~~in an intermediate care facility for the mentally retarded~~	110929
~~certified under Title XIX of the "Social Security Act," 79 Stat.~~	110930
~~286 (1965), 42 U.S.C. 1396, as amended; resides in a state~~	110931
~~institution operated by the department of developmental~~	110932
~~disabilities; or is enrolled in home and community-based services.~~	110933

~~(5) "Traditional adult services" means vocational and~~	110934
~~nonvocational activities conducted within a sheltered workshop or~~	110935
~~adult activity center or supportive home services.~~	110936

~~(B) Each~~On or before the last day of each April, each county	110937
board of developmental disabilities shall certify to the director	110938
of developmental disabilities ~~all of the following:~~	110939

~~(1) On or before the fifteenth day of October, the average~~	110940
~~daily membership for the first full week of programs and services~~	110941
~~during October receiving:~~	110942

~~(a) Early childhood services provided pursuant to section~~	110943
~~5126.05 of the Revised Code for children who are less than three~~	110944
~~years of age on the thirtieth day of September of the academic~~	110945
~~year;~~	110946

~~(b) Special education for children with disabilities in~~	110947
~~approved school age classes;~~	110948

~~(c) Adult services for persons sixteen years of age and older~~	110949
~~operated pursuant to section 5126.05 and division (B) of section~~	110950
~~5126.051 of the Revised Code. Separate counts shall be made for~~	110951
~~the following:~~	110952

~~(i) Persons enrolled in traditional adult services who are~~	110953
~~eligible for but not enrolled in active treatment;~~	110954

~~(ii) Persons enrolled in traditional adult services who are~~	110955
~~eligible for and enrolled in active treatment;~~	110956

~~(iii) Persons enrolled in traditional adult services but who~~	110957
~~are not eligible for active treatment;~~	110958

~~(iv) Persons participating in community employment services.~~	110959
~~To be counted as participating in community employment services, a~~	110960
~~person must have spent an average of no less than ten hours per~~	110961
~~week in that employment during the preceding six months.~~	110962

~~(d) Other programs in the county for individuals with mental~~	110963
~~retardation and developmental disabilities that have been approved~~	110964
~~for payment of subsidy by the department of developmental~~	110965
~~disabilities.~~	110966

~~The membership in each such program and service in the county~~	110967
~~shall be reported on forms prescribed by the department of~~	110968
~~developmental disabilities.~~	110969

~~The department of developmental disabilities shall adopt~~	110970
~~rules defining full-time equivalent enrollees and for determining~~	110971
~~the average daily membership therefrom, except that certification~~	110972
~~of average daily membership in approved school age classes shall~~	110973
~~be in accordance with rules adopted by the state board of~~	110974
~~education. The average daily membership figure shall be determined~~	110975
~~by dividing the amount representing the sum of the number of~~	110976
~~enrollees in each program or service in the week for which the~~	110977
~~certification is made by the number of days the program or service~~	110978
~~was offered in that week. No enrollee may be counted in average~~	110979
~~daily membership for more than one program or service.~~	110980

~~(2) By the fifteenth day of December, the number of children~~	110981
~~enrolled in approved preschool units on the first day of December;~~	110982

~~(3) On or before the thirtieth day of April, an itemized~~	110983
~~report of~~ all of the county board's income and operating	110984
expenditures for the immediately preceding calendar year,. The	110985
certification shall be provided in an itemized report prepared and	110986
submitted in ~~the~~a format specified by the department of	110987
developmental disabilities;	110988

~~(4) That each required certification and report is~~ in	110989
~~accordance with~~ rules ~~established by the department of~~	110990
~~developmental disabilities and the state board of education for~~	110991
~~the operation and subsidization of the programs and services~~.	110992

Sec. 5126.18. (A) As used in this section:

110993

(1) "Taxable value" means the taxable value of a county	110994
certified under division (B) of this section.	110995

(2) "Per-mill yield" means the quotient obtained by dividing	110996
the taxable value of a county by one thousand.	110997

(3) "Population" of a county means that shown by the federal	110998
census for a census year or, for a noncensus year, the population	110999
as estimated by the department of development.	111000

(4) "Six-year moving average" means the average of the	111001
per-mill yields of a county for the most recent six years.	111002

(5) "Yield per person" means the quotient obtained by	111003
dividing the six-year moving average of a county by the population	111004
of that county.	111005

(6) "Tax equity payments" means payments to county boards of	111006
developmental disabilities under this section or a prior version	111007
of this section from money appropriated by the general assembly to	111008
the department of developmental disabilities for that purpose.	111009

(7) "Eligible county" means a county determined under	111010
division (C) of this section to be eligible for tax equity	111011
payments for the two-year period for which that determination is	111012
made.	111013

(8) "Threshold county" means the county with the lowest yield	111014
per person that is determined not to be eligible to receive tax	111015
equity payments.	111016

(B) At the request of the director of developmental	111017
disabilities, the tax commissioner shall certify to the director	111018
the taxable value of property on each county's most recent tax	111019
list of real and public utility property. The director may request	111020
any other tax information necessary for the purposes of this	111021
section.	111022

(C) Beginning in 2011, on or before the thirty-first day of	111023
May of that year and of every second year thereafter, the director	111024
of developmental disabilities shall determine whether a county is	111025
eligible to receive tax equity payments for the ensuing two fiscal	111026
years as follows:	111027

(1) The director shall determine the six-year moving average,	111028
population, and yield per person of each county in the state,	111029
based on the most recent information available.	111030

(2) The director shall calculate a tax equity funding	111031
threshold by adding the population of the county with the lowest	111032
yield per person and the populations of individual counties in	111033
order from lowest yield per person to highest yield per person	111034
until the addition of the population of another county would	111035
increase the aggregate sum to over thirty per cent of the total	111036
state population. A county is eligible to receive tax equity	111037
payments for the two-year period if its population is included in	111038
the calculation of the threshold and the addition of its	111039
population does not increase such sum to over thirty per cent of	111040
the total state population.	111041

(D)(1) Except as provided in divisions (D)(2) and (3) of this	111042
section, beginning in fiscal year 2012 and for each fiscal year	111043
thereafter, the director shall make tax equity payments to each	111044
eligible county equal to the population of the county multiplied	111045
by the difference between the yield per person of the threshold	111046
county and the yield per person of the eligible county. For	111047
purposes of this division, the population and yield per person of	111048
a county equal the population and yield per person most recently	111049
determined for that county under division (C)(1) of this section.	111050
The payments shall be made in quarterly installments of equal	111051
amounts not later than the thirtieth day of September, the	111052
thirty-first day of December, the thirty-first day of March, and	111053
the thirtieth day of June of each fiscal year.	111054

(2) In fiscal year 2012, if the amount determined under	111055
division (D)(1) of this section for an eligible county is at least	111056
twenty thousand dollars greater than or twenty thousand dollars	111057
less than the amount of tax equity payments the county received in	111058
fiscal year 2011, the county's tax equity payments for fiscal	111059
years 2012 through 2014 shall equal the following:	111060

(a) For fiscal year 2012, one-fourth of the amount calculated	111061
for the eligible county under division (D)(1) of this section plus	111062
three-fourths of the amount of tax equity payments the county	111063
received in fiscal year 2011;	111064

(b) For fiscal year 2013, one-half of the amount calculated	111065
for the eligible county under division (D)(1) of this section plus	111066
one-half of the amount of tax equity payments the county received	111067
in fiscal year 2011;	111068

(c) For fiscal year 2014, three-fourths of the amount	111069
calculated for the eligible county under division (D)(1) of this	111070
section plus one-fourth of the amount of tax equity payments the	111071
county received in fiscal year 2011.	111072

(3) In any fiscal year, if the total amount of tax equity	111073
payments for all eligible counties as determined under divisions	111074
(D)(1) and (2) of this section is greater than the amount	111075
appropriated to the department of developmental disabilities for	111076
the purpose of making such payments in that fiscal year, the	111077
director shall reduce the payments to each eligible county board	111078
in equal proportion. If the total amount of tax equity payments as	111079
determined under that division is less than the amount	111080
appropriated to the department for that purpose, the director	111081
shall determine how to allocate the excess money after	111082
consultation with the Ohio association of county boards serving	111083
people with developmental disabilities.	111084

(4) Tax equity payments shall be paid only to an eligible	111085
county board of developmental disabilities and not to a regional	111086
council established under section 5126.13 of the Revised Code or	111087
any other entity.	111088

(E)(1) Except as provided in division (E)(2) of this section,	111089
a county board of developmental disabilities shall use tax equity	111090
payments solely to pay the nonfederal share of medicaid	111091
expenditures it is required to pay under sections 5126.059 and	111092
5126.0510 of the Revised Code. Tax equity payments shall not be	111093
used to pay any salary or other compensation to county board	111094
personnel.	111095

(2) Upon the written request of a county board, the director	111096
of developmental disabilities may authorize a county board to use	111097
tax equity payments for infrastructure improvements necessary to	111098
support medicaid waiver administration.	111099

(3) The director may audit any county board receiving tax	111100
equity payments to ensure appropriate use of the payments in	111101
accordance with this section. If the director determines that a	111102
county board is using payments inappropriately, the director shall	111103
notify the county board in writing of the determination. Within	111104
thirty days after receiving the director's notification, the	111105
county board shall submit a written plan of correction to the	111106
director. The director may accept or reject the plan. If the	111107
director rejects the plan, the director may require the county	111108
board to repay all or a portion of the amount of tax equity	111109
payments used inappropriately. The director shall distribute any	111110
tax equity payments returned under this division to other eligible	111111
county boards in accordance with a plan developed by the director	111112
after consultation with the Ohio association of county boards	111113
serving people with developmental disabilities.	111114

Sec. 5126.24. (A) As used in this section:

111115

(1) "License" means an educator license issued by the state	111116
board of education under section 3319.22 of the Revised Code or a	111117
certificate issued by the department of developmental	111118
disabilities.	111119

(2) "Teacher" means a person employed by a county board of	111120
developmental disabilities in a position that requires a license.	111121

(3) "Nonteaching employee" means a person employed by a	111122
county board of developmental disabilities in a position that does	111123
not require a license.	111124

(4) "Years of service" includes all service described in	111125
division (A) of section 3317.13 of the Revised Code.	111126

(B) Subject to rules established by the director of	111127
developmental disabilities pursuant to Chapter 119. of the Revised	111128
Code, each county board of developmental disabilities shall	111129
annually adopt separate salary schedules for teachers and	111130
nonteaching employees.	111131

(C) The teachers' salary schedule shall provide for	111132
increments based on training and years of service. The board may	111133
establish its own service requirements provided no teacher	111134
receives less than the salary the teacher would be paid under	111135
section 3317.13 of the Revised Code if the teacher were employed	111136
by a school district board of education and provided full credit	111137
for a minimum of five years of actual teaching and military	111138
experience as defined in division (A) of such section is given to	111139
each teacher.	111140

Each teacher who has completed training that would qualify	111141
the teacher for a higher salary bracket pursuant to this section	111142
shall file by the fifteenth day of September with the fiscal	111143
officer of the board, satisfactory evidence of the completion of	111144
such additional training. The fiscal officer shall then	111145
immediately place the teacher, pursuant to this section, in the	111146
proper salary bracket in accordance with training and years of	111147
service. No teacher shall be paid less than the salary to which	111148
the teacher would be entitled under section 3317.13 of the Revised	111149
Code if the teacher were employed by a school district board of	111150
education.	111151

The superintendent of each county board, on or before the	111152
fifteenth day of October of each year, shall certify to the state	111153
board of education the name of each teacher employed, on an annual	111154
salary, in each special education program operated pursuant to	111155
section 3323.09 of the Revised Code during the first full school	111156
week of October. The superintendent further shall certify, for	111157
each teacher, the number of years of training completed at a	111158
recognized college, the degrees earned from a college recognized	111159
by the state board, the type of license held, the number of months	111160
employed by the board, the annual salary, and other information	111161
that the state board may request.	111162

(D) The nonteaching employees' salary schedule established by	111163
the board shall be based on training, experience, and	111164
qualifications with initial salaries no less than salaries in	111165
effect on July 1, 1985. Each board shall prepare and may amend	111166
from time to time, specifications descriptive of duties,	111167
responsibilities, requirements, and desirable qualifications of	111168
the classifications of employees required to perform the duties	111169
specified in the salary schedule. All nonteaching employees shall	111170
be notified of the position classification to which they are	111171
assigned and the salary for the classification. The compensation	111172
of all nonteaching employees working for a particular board shall	111173
be uniform for like positions except as compensation would be	111174
affected by salary increments based upon length of service.	111175

On the fifteenth day of October of each year the nonteaching	111176
employees' salary schedule and list of job classifications and	111177
salaries in effect on that date shall be filed by each board with	111178
the superintendent of public instruction. If such salary schedule	111179
and classification plan is not filed, the superintendent of public	111180
instruction shall order the board to file such schedule and list	111181
forthwith. If this condition is not corrected within ten days	111182
after receipt of the order from the superintendent, no money shall	111183
be distributed to the ~~district~~board under Chapter ~~3306. or~~ 3317.	111184
of the Revised Code until the superintendent has satisfactory	111185
evidence of the board's full compliance with such order.	111186

Sec. 5126.41. The county board of developmental disabilities	111187
shall identify residents of the county for whom supported living	111188
is to be provided. Identification of the residents shall be made	111189
in accordance with the priorities set under section 5126.04 of the	111190
Revised Code and the waiting ~~list policies developed~~lists	111191
established under section 5126.042 of the Revised Code. The board	111192
shall assist the residents in identifying their individual service	111193
needs.	111194

To arrange supported living for an individual, the board	111195
shall assist the individual in developing an individual service	111196
plan. In developing the plan, the individual shall choose a	111197
residence that is appropriate according to local standards; the	111198
individuals, if any, with whom the individual will live in the	111199
residence; the services the individual needs to live in the	111200
individual's residence of choice; and the providers from which the	111201
services will be received. The choices available to an individual	111202
shall be based on available resources.	111203

The board shall obtain the consent of the individual or the	111204
individual's guardian and the signature of the individual or	111205
guardian on the individual service plan. The county board shall	111206
ensure that the individual receives from the provider the services	111207
contracted for under section 5126.45 of the Revised Code.	111208

An individual service plan for supported living shall be	111209
effective for a period of time agreed to by the county board and	111210
the individual. In determinating that period, the county board and	111211
the individual shall consider the nature of the services to be	111212
provided and the manner in which they are customarily provided.	111213

Sec. 5126.42. (A) A county board of developmental	111214
disabilities shall establish an advisory council composed of board	111215
members or employees of the board, providers, individuals	111216
receiving supported living, and advocates for individuals	111217
receiving supported living to provide on-going communication among	111218
all persons concerned with supported living.	111219

(B) The board shall develop procedures for the resolution of	111220
grievances between the board and providers or between the board	111221
and an entity with which it has a shared funding agreement.	111222

(C) The board shall develop and implement a provider	111223
selection system. Each system shall enable an individual to choose	111224
to continue receiving supported living from the same providers, to	111225
select additional providers, or to choose alternative providers.	111226
Annually, the board shall review its provider selection system to	111227
determine whether it has been implemented in a manner that allows	111228
individuals fair and equitable access to providers.	111229

In developing a provider selection system, the county board	111230
shall create a pool of providers for individuals to use in	111231
choosing their providers of supported living. The pool shall be	111232
created by placing in the pool all providers on record with the	111233
board or by placing in the pool all providers approved by the	111234
board through soliciting requests for proposals for supported	111235
living contracts. In either case, only providers that are	111236
certified by the director of developmental disabilities may be	111237
placed in the pool.	111238

If the board places all providers on record in the pool, the	111239
board shall review the pool at least annually to determine whether	111240
each provider has continued interest in being a provider and has	111241
maintained its certification by the department. At any time, an	111242
interested and certified provider may make a request to the board	111243
that it be added to the pool, and the board shall add the provider	111244
to the pool not later than seven days after receiving the request.	111245

If the board solicits requests for proposals for inclusion of	111246
providers in the pool, the board shall develop standards for	111247
selecting the providers to be included. Requests for proposals	111248
shall be solicited at least annually. When requests are solicited,	111249
the board shall cause legal notices to be published ~~at least~~ once	111250
each week for two consecutive weeks in a newspaper ~~with~~of general	111251
circulation within the county or as provided in section 7.16 of	111252
the Revised Code. The board's formal request for proposals shall	111253
include a description of any applicable contract terms, the	111254
standards that are used to select providers for inclusion in the	111255
pool, and the process the board uses to resolve disputes arising	111256
from the selection process. The board shall accept requests from	111257
any entity interested in being a provider of supported living for	111258
individuals served by the board. Requests shall be approved or	111259
denied according to the standards developed by the board.	111260
Providers that previously have been placed in the pool are not	111261
required to resubmit a request for proposal to be included in the	111262
pool, unless the board's standards have been changed.	111263

In assisting an individual in choosing a provider, the county	111264
board shall provide the individual with uniform and consistent	111265
information pertaining to each provider in the pool. An individual	111266
may choose to receive supported living from a provider that is not	111267
included in the pool, if the provider is certified by the director	111268
of developmental disabilities.	111269

Sec. 5139.11. The department of youth services shall do all	111270
of the following:	111271

(A) Through a program of education, promotion, and	111272
organization, form groups of local citizens and assist these	111273
groups in conducting activities aimed at the prevention and	111274
control of juvenile delinquency, making use of local people and	111275
resources for the following purposes:	111276

(1) Combatting local conditions known to contribute to	111277
juvenile delinquency;	111278

(2) Developing recreational and other programs for youth	111279
work;	111280

(3) Providing adult sponsors for delinquent children cases;

111281

(4) Dealing with other related problems of the locality.

111282

(B) Advise local, state, and federal officials, public and	111283
private agencies, and lay groups on the needs for and possible	111284
methods of the reduction and prevention of juvenile delinquency	111285
and the treatment of delinquent children;	111286

(C) Consult with the schools and courts of this state on the	111287
development of programs for the reduction and prevention of	111288
delinquency and the treatment of delinquents;	111289

(D) Cooperate with other agencies whose services deal with	111290
the care and treatment of delinquent children to the end that	111291
delinquent children who are state wards may be assisted whenever	111292
possible to a successful adjustment outside of institutional care;	111293

(E) Cooperate with other agencies in surveying, developing,	111294
and utilizing the recreational resources of a community as a means	111295
of combatting the problem of juvenile delinquency and effectuating	111296
rehabilitation;	111297

(F) Hold district and state conferences from time to time in	111298
order to acquaint the public with current problems of juvenile	111299
delinquency and develop a sense of civic responsibility toward the	111300
prevention of juvenile delinquency;	111301

(G) Assemble and distribute information relating to juvenile	111302
delinquency and report on studies relating to community conditions	111303
that affect the problem of juvenile delinquency;	111304

(H) Assist any community within the state by conducting a	111305
comprehensive survey of the community's available public and	111306
private resources, and recommend methods of establishing a	111307
community program for combatting juvenile delinquency and crime,	111308
but no survey of that type shall be conducted unless local	111309
individuals and groups request it through their local authorities,	111310
and no request of that type shall be interpreted as binding the	111311
community to following the recommendations made as a result of the	111312
request;	111313

(I) Evaluate the rehabilitation of children committed to the	111314
department and prepare and submit periodic reports to the	111315
committing court for the following purposes:	111316

(1) Evaluating the effectiveness of institutional treatment;

111317

(2) Making recommendations for judicial release under section	111318
2152.22 of the Revised Code if appropriate and recommending	111319
conditions for judicial release;	111320

(3) Reviewing the placement of children and recommending	111321
alternative placements where appropriate.	111322

(J) Coordinate dates for hearings to be conducted under	111323
section 2152.22 of the Revised Code and assist in the transfer and	111324
release of children from institutionalization to the custody of	111325
the committing court;	111326

(K)(1) Coordinate and assist juvenile justice systems by	111327
doing the following:	111328

(a) Performing juvenile justice system planning in the state,	111329
including any planning that is required by any federal law;	111330

(b) Collecting, analyzing, and correlating information and	111331
data concerning the juvenile justice system in the state;	111332

(c) Cooperating with and providing technical assistance to	111333
state departments, administrative planning districts, metropolitan	111334
county criminal justice services agencies, criminal justice	111335
coordinating councils, and agencies, offices, and departments of	111336
the juvenile justice system in the state, and other appropriate	111337
organizations and persons;	111338

(d) Encouraging and assisting agencies, offices, and	111339
departments of the juvenile justice system in the state and other	111340
appropriate organizations and persons to solve problems that	111341
relate to the duties of the department;	111342

(e) Administering within the state any juvenile justice acts	111343
and programs that the governor requires the department to	111344
administer;	111345

(f) Implementing the state comprehensive plans;

111346

(g) Visiting and inspecting jails, detention facilities,	111347
correctional facilities, facilities that may hold juveniles	111348
involuntarily, or any other facility that may temporarily house	111349
juveniles on a voluntary or involuntary basis for the purpose of	111350
compliance pursuant to the "Juvenile Justice and Delinquency	111351
Prevention Act of 1974," 88 Stat. 1109, as amended;	111352

(h) Auditing grant activities of agencies, offices,	111353
organizations, and persons that are financed in whole or in part	111354
by funds granted through the department;	111355

~~(h)~~(i) Monitoring or evaluating the performance of juvenile	111356
justice system projects and programs in the state that are	111357
financed in whole or in part by funds granted through the	111358
department;	111359

~~(i)~~(j) Applying for, allocating, disbursing, and accounting	111360
for grants that are made available pursuant to federal juvenile	111361
justice acts, or made available from other federal, state, or	111362
private sources, to improve the criminal and juvenile justice	111363
systems in the state. All money from federal juvenile justice act	111364
grants shall, if the terms under which the money is received	111365
require that the money be deposited into an interest bearing fund	111366
or account, be deposited in the state treasury to the credit of	111367
the federal juvenile justice program purposes fund, which is	111368
hereby created. All investment earnings shall be credited to the	111369
fund.	111370

~~(j)~~(k) Contracting with federal, state, and local agencies,	111371
foundations, corporations, businesses, and persons when necessary	111372
to carry out the duties of the department;	111373

~~(k)~~(l) Overseeing the activities of metropolitan county	111374
criminal justice services agencies, administrative planning	111375
districts, and juvenile justice coordinating councils in the	111376
state;	111377

~~(l)~~(m) Advising the general assembly and governor on	111378
legislation and other significant matters that pertain to the	111379
improvement and reform of the juvenile justice system in the	111380
state;	111381

~~(m)~~(n) Preparing and recommending legislation to the general	111382
assembly and governor for the improvement of the juvenile justice	111383
system in the state;	111384

~~(n)~~(o) Assisting, advising, and making any reports that are	111385
required by the governor, attorney general, or general assembly;	111386

~~(o)~~(p) Adopting rules pursuant to Chapter 119. of the Revised	111387
Code.	111388

(2) Division (K)(1) of this section does not limit the	111389
discretion or authority of the attorney general with respect to	111390
crime victim assistance and criminal and juvenile justice	111391
programs.	111392

(3) Nothing in division (K)(1) of this section is intended to	111393
diminish or alter the status of the office of the attorney general	111394
as a criminal justice services agency.	111395

(4) The governor may appoint any advisory committees to	111396
assist the department that the governor considers appropriate or	111397
that are required under any state or federal law.	111398

Sec. 5139.43. (A) The department of youth services shall	111399
operate a felony delinquent care and custody program that shall be	111400
operated in accordance with the formula developed pursuant to	111401
section 5139.41 of the Revised Code, subject to the conditions	111402
specified in this section.	111403

(B)(1) Each juvenile court shall use the moneys disbursed to	111404
it by the department of youth services pursuant to division (B) of	111405
section 5139.41 of the Revised Code in accordance with the	111406
applicable provisions of division (B)(2) of this section and shall	111407
transmit the moneys to the county treasurer for deposit in	111408
accordance with this division. The county treasurer shall create	111409
in the county treasury a fund that shall be known as the felony	111410
delinquent care and custody fund and shall deposit in that fund	111411
the moneys disbursed to the juvenile court pursuant to division	111412
(B) of section 5139.41 of the Revised Code. The county treasurer	111413
also shall deposit into that fund the state subsidy funds granted	111414
to the county pursuant to section 5139.34 of the Revised Code. The	111415
moneys disbursed to the juvenile court pursuant to division (B) of	111416
section 5139.41 of the Revised Code and deposited pursuant to this	111417
division in the felony delinquent care and custody fund shall not	111418
be commingled with any other county funds except state subsidy	111419
funds granted to the county pursuant to section 5139.34 of the	111420
Revised Code; shall not be used for any capital construction	111421
projects; upon an order of the juvenile court and subject to	111422
appropriation by the board of county commissioners, shall be	111423
disbursed to the juvenile court for use in accordance with the	111424
applicable provisions of division (B)(2) of this section; shall	111425
not revert to the county general fund at the end of any fiscal	111426
year; and shall carry over in the felony delinquent care and	111427
custody fund from the end of any fiscal year to the next fiscal	111428
year. The maximum balance carry-over at the end of each respective	111429
fiscal year in the felony delinquent care and custody fund in any	111430
county from funds allocated to the county pursuant to sections	111431
5139.34 and 5139.41 of the Revised Code in the previous fiscal	111432
year shall not exceed an amount to be calculated as provided in	111433
the formula set forth in this division, unless that county has	111434
applied for and been granted an exemption by the director of youth	111435
services. Beginning June 30, 2008, the maximum balance carry-over	111436
at the end of each respective fiscal year shall be determined by	111437
the following formula: for fiscal year 2008, the maximum balance	111438
carry-over shall be one hundred per cent of the allocation for	111439
fiscal year 2007, to be applied in determining the fiscal year	111440
2009 allocation; for fiscal year 2009, it shall be fifty per cent	111441
of the allocation for fiscal year 2008, to be applied in	111442
determining the fiscal year 2010 allocation; for fiscal year 2010,	111443
it shall be twenty-five per cent of the allocation for fiscal year	111444
2009, to be applied in determining the fiscal year 2011	111445
allocation; and for each fiscal year subsequent to fiscal year	111446
2010, it shall be twenty-five per cent of the allocation for the	111447
immediately preceding fiscal year, to be applied in determining	111448
the allocation for the next immediate fiscal year. The department	111449
shall withhold from future payments to a county an amount equal to	111450
any moneys in the felony delinquent care and custody fund of the	111451
county that exceed the total maximum balance carry-over that	111452
applies for that county for the fiscal year in which the payments	111453
are being made and shall reallocate the withheld amount. The	111454
department shall adopt rules for the withholding and reallocation	111455
of moneys disbursed under sections 5139.34 and 5139.41 of the	111456
Revised Code and for the criteria and process for a county to	111457
obtain an exemption from the withholding requirement. The moneys	111458
disbursed to the juvenile court pursuant to division (B) of	111459
section 5139.41 of the Revised Code and deposited pursuant to this	111460
division in the felony delinquent care and custody fund shall be	111461
in addition to, and shall not be used to reduce, any usual annual	111462
increase in county funding that the juvenile court is eligible to	111463
receive or the current level of county funding of the juvenile	111464
court and of any programs or services for delinquent children,	111465
unruly children, or juvenile traffic offenders.	111466

(2)(a) A county and the juvenile court that serves the county	111467
shall use the moneys in its felony delinquent care and custody	111468
fund in accordance with rules that the department of youth	111469
services adopts pursuant to division (D) of section 5139.04 of the	111470
Revised Code and as follows:	111471

(i) The moneys in the fund that represent state subsidy funds	111472
granted to the county pursuant to section 5139.34 of the Revised	111473
Code shall be used to aid in the support of prevention, early	111474
intervention, diversion, treatment, and rehabilitation programs	111475
that are provided for alleged or adjudicated unruly children or	111476
delinquent children or for children who are at risk of becoming	111477
unruly children or delinquent children. The county shall not use	111478
for capital improvements more than fifteen per cent of the moneys	111479
in the fund that represent the applicable annual grant of those	111480
state subsidy funds.	111481

(ii) The moneys in the fund that were disbursed to the	111482
juvenile court pursuant to division (B) of section 5139.41 of the	111483
Revised Code and deposited pursuant to division (B)(1) of this	111484
section in the fund shall be used to provide programs and services	111485
for the training, treatment, or rehabilitation of felony	111486
delinquents that are alternatives to their commitment to the	111487
department, including, but not limited to, community residential	111488
programs, day treatment centers, services within the home, and	111489
electronic monitoring, and shall be used in connection with	111490
training, treatment, rehabilitation, early intervention, or other	111491
programs or services for any delinquent child, unruly child, or	111492
juvenile traffic offender who is under the jurisdiction of the	111493
juvenile court.	111494

The fund also may be used for prevention, early intervention,	111495
diversion, treatment, and rehabilitation programs that are	111496
provided for alleged or adjudicated unruly children, delinquent	111497
children, or juvenile traffic offenders or for children who are at	111498
risk of becoming unruly children, delinquent children, or juvenile	111499
traffic offenders. Consistent with division (B)(1) of this	111500
section, a county and the juvenile court of a county shall not use	111501
any of those moneys for capital construction projects.	111502

(iii) Moneys in the fund shall not be used to support	111503
programs or services that do not comply with federal juvenile	111504
justice and delinquency prevention core requirements or to support	111505
programs or services that research has shown to be ineffective.	111506
Moneys in the fund shall be prioritized to research-supported,	111507
outcome-based programs and services.	111508

(iv) The county and the juvenile court that serves the county	111509
may use moneys in the fund to provide out-of-home placement of	111510
children only in detention centers, community rehabilitation	111511
centers, or community corrections facilities approved by the	111512
department pursuant to standards adopted by the department,	111513
licensed by an authorized state agency, or accredited by the	111514
American correctional association or another national organization	111515
recognized by the department.	111516

(b) Each juvenile court shall comply with division (B)(3)(d)	111517
of this section as implemented by the department. If a juvenile	111518
court fails to comply with division (B)(3)(d) of this section, the	111519
department shall not be required to make any disbursements in	111520
accordance with division (C) or (D) of section 5139.41 or division	111521
(C)(2) of section 5139.34 of the Revised Code.	111522

(3) In accordance with rules adopted by the department	111523
pursuant to division (D) of section 5139.04 of the Revised Code,	111524
each juvenile court and the county served by that juvenile court	111525
shall do all of the following that apply:	111526

(a) The juvenile court shall prepare an annual grant	111527
agreement and application for funding that satisfies the	111528
requirements of this section and section 5139.34 of the Revised	111529
Code and that pertains to the use, upon an order of the juvenile	111530
court and subject to appropriation by the board of county	111531
commissioners, of the moneys in its felony delinquent care and	111532
custody fund for specified programs, care, and services as	111533
described in division (B)(2)(a) of this section, shall submit that	111534
agreement and application to the county family and children first	111535
council, the regional family and children first council, or the	111536
local intersystem services to children cluster as described in	111537
sections 121.37 and 121.38 of the Revised Code, whichever is	111538
applicable, and shall file that agreement and application with the	111539
department for its approval. The annual grant agreement and	111540
application for funding shall include a method of ensuring equal	111541
access for minority youth to the programs, care, and services	111542
specified in it.	111543

The department may approve an annual grant agreement and	111544
application for funding only if the juvenile court involved has	111545
complied with the preparation, submission, and filing requirements	111546
described in division (B)(3)(a) of this section. If the juvenile	111547
court complies with those requirements and the department approves	111548
that agreement and application, the juvenile court and the county	111549
served by the juvenile court may expend the state subsidy funds	111550
granted to the county pursuant to section 5139.34 of the Revised	111551
Code only in accordance with division (B)(2)(a) of this section,	111552
the rules pertaining to state subsidy funds that the department	111553
adopts pursuant to division (D) of section 5139.04 of the Revised	111554
Code, and the approved agreement and application.	111555

(b) By the thirty-first day of August of each year, the	111556
juvenile court shall file with the department a report that	111557
contains all of the statistical and other information for each	111558
month of the prior state fiscal year. If the juvenile court fails	111559
to file the report required by division (B)(3)(b) of this section	111560
by the thirty-first day of August of any year, the department	111561
shall not disburse any payment of state subsidy funds to which the	111562
county otherwise is entitled pursuant to section 5139.34 of the	111563
Revised Code and shall not disburse pursuant to division (B) of	111564
section 5139.41 of the Revised Code the applicable allocation	111565
until the juvenile court fully complies with division (B)(3)(b) of	111566
this section.	111567

(c) If the department requires the juvenile court to prepare	111568
monthly statistical reports and to submit the reports on forms	111569
provided by the department, the juvenile court shall file those	111570
reports with the department on the forms so provided. If the	111571
juvenile court fails to prepare and submit those monthly	111572
statistical reports within the department's timelines, the	111573
department shall not disburse any payment of state subsidy funds	111574
to which the county otherwise is entitled pursuant to section	111575
5139.34 of the Revised Code and shall not disburse pursuant to	111576
division (B) of section 5139.41 of the Revised Code the applicable	111577
allocation until the juvenile court fully complies with division	111578
(B)(3)(c) of this section. If the juvenile court fails to prepare	111579
and submit those monthly statistical reports within one hundred	111580
eighty days of the date the department establishes for their	111581
submission, the department shall not disburse any payment of state	111582
subsidy funds to which the county otherwise is entitled pursuant	111583
to section 5139.34 of the Revised Code and shall not disburse	111584
pursuant to division (B) of section 5139.41 of the Revised Code	111585
the applicable allocation, and the state subsidy funds and the	111586
remainder of the applicable allocation shall revert to the	111587
department. If a juvenile court states in a monthly statistical	111588
report that the juvenile court adjudicated within a state fiscal	111589
year five hundred or more children to be delinquent children for	111590
committing acts that would be felonies if committed by adults and	111591
if the department determines that the data in the report may be	111592
inaccurate, the juvenile court shall have an independent auditor	111593
or other qualified entity certify the accuracy of the data on a	111594
date determined by the department.	111595

(d) If the department requires the juvenile court and the	111596
county to participate in a fiscal monitoring program or another	111597
monitoring program that is conducted by the department to ensure	111598
compliance by the juvenile court and the county with division (B)	111599
of this section, the juvenile court and the county shall	111600
participate in the program and fully comply with any guidelines	111601
for the performance of audits adopted by the department pursuant	111602
to that program and all requests made by the department pursuant	111603
to that program for information necessary to reconcile fiscal	111604
accounting. If an audit that is performed pursuant to a fiscal	111605
monitoring program or another monitoring program described in this	111606
division determines that the juvenile court or the county used	111607
moneys in the county's felony delinquent care and custody fund for	111608
expenses that are not authorized under division (B) of this	111609
section, within forty-five days after the department notifies the	111610
county of the unauthorized expenditures, the county either shall	111611
repay the amount of the unauthorized expenditures from the county	111612
general revenue fund to the state's general revenue fund or shall	111613
file a written appeal with the department. If an appeal is timely	111614
filed, the director of the department shall render a decision on	111615
the appeal and shall notify the appellant county or its juvenile	111616
court of that decision within forty-five days after the date that	111617
the appeal is filed. If the director denies an appeal, the	111618
county's fiscal agent shall repay the amount of the unauthorized	111619
expenditures from the county general revenue fund to the state's	111620
general revenue fund within thirty days after receiving the	111621
director's notification of the appeal decision.	111622

(C) The determination of which county a reduction of the care	111623
and custody allocation will be charged against for a particular	111624
youth shall be made as outlined below for all youths who do not	111625
qualify as public safety beds. The determination of which county a	111626
reduction of the care and custody allocation will be charged	111627
against shall be made as follows until each youth is released:	111628

(1) In the event of a commitment, the reduction shall be	111629
charged against the committing county.	111630

(2) In the event of a recommitment, the reduction shall be	111631
charged against the original committing county until the	111632
expiration of the minimum period of institutionalization under the	111633
original order of commitment or until the date on which the youth	111634
is admitted to the department of youth services pursuant to the	111635
order of recommitment, whichever is later. Reductions of the	111636
allocation shall be charged against the county that recommitted	111637
the youth after the minimum expiration date of the original	111638
commitment.	111639

(3) In the event of a revocation of a release on parole, the	111640
reduction shall be charged against the county that revokes the	111641
youth's parole.	111642

(D) A juvenile court is not precluded by its allocation	111643
amount for the care and custody of felony delinquents from	111644
committing a felony delinquent to the department of youth services	111645
for care and custody in an institution or a community corrections	111646
facility when the juvenile court determines that the commitment is	111647
appropriate.	111648

Sec. 5310.35. The board of county commissioners shall	111649
conduct the public hearing required by section 5310.33 of the	111650
Revised Code in accordance with this section.	111651

(A)(1) The board shall prepare a notice of the hearing that	111652
includes each of the following:	111653

(a) A statement that the board is considering abolishing land	111654
registration in the county, that abolition would require the	111655
deregistration of all registered land in the county, and that	111656
after abolition all land in the county would have to be dealt with	111657
as nonregistered land;	111658

(b) A statement that the board seeks evidence with regard to	111659
the matters listed in section 5310.34 of the Revised Code;	111660

(c) The date, time, and place of the hearing, which shall be	111661
not earlier than two nor later than three months after the	111662
resolution to consider the merits of abolishing land registration	111663
was adopted by the board;	111664

(d) A statement that any person affected by the proposed	111665
abolition of land registration may appear at the hearing and	111666
present evidence as provided in division (B) of this section.	111667

(2) The board shall serve the notice by both of the following	111668
means:	111669

(a) Ordinary mail, evidenced by a certificate of mailing,	111670
addressed to each person from whom a receipt or signature card,	111671
giving residence and post-office address, has been taken by the	111672
county recorder under section 5309.30 or 5309.50 of the Revised	111673
Code, and to each person who has filed an affidavit with the	111674
county recorder under section 5309.72 of the Revised Code. The	111675
county recorder, within one month after the adoption of a	111676
resolution to consider the merits of abolishing land registration	111677
in the county, shall provide the board with the names and	111678
respective addresses of the persons who are entitled to notice	111679
under this division.	111680

If a notice is returned with an endorsement showing failure	111681
of delivery, the board is under no further obligation to directly	111682
serve the notice upon the addressee. The board shall preserve the	111683
returned notice in the records pertaining to its consideration of	111684
the merits of abolishing land registration in the county.	111685

(b) Publication twice a week for two consecutive weeks in a	111686
newspaper of general circulation in the county or as provided in	111687
section 7.16 of the Revised Code. Publication of the notice shall	111688
be completed at least one month prior to the date set for the	111689
hearing.	111690

(B) At the date, time, and place specified in the notice, the	111691
board shall conduct a hearing, which may be adjourned from day to	111692
day until complete, at which any person affected by the proposed	111693
abolition of land registration may appear in person, by ~~his~~	111694
attorney, or both, and present evidence, orally or in writing,	111695
with regard to the costs and benefits of maintaining land	111696
registration in the county. Any person who presents evidence may	111697
also present evidence refuting any evidence offered in opposition	111698
to ~~his~~the person's evidence.	111699

The board shall cause a stenographic record to be made of the	111700
hearing. The president of the board, or a member hethe president	111701
designates, shall preside at the hearing.	111702

Sec. 5501.44. (A) ~~The~~Notwithstanding section 5735.27 of the	111703
Revised Code, the director of transportation, when ~~he deems~~the	111704
director determines it in the interest of the welfare and safety	111705
of the citizens of Ohio, may enter into agreements with other	111706
states or subdivisions thereof or the United States relative to	111707
the cooperation in the repair, maintenance, or construction of a	111708
~~toll free~~ bridge crossing a stream that forms a boundary line of	111709
this state, and may expend state highway funds for said purpose.	111710

(1) No such agreement shall be made that obligates this state	111711
to expend more than the cost of the construction of such portion	111712
of said bridge as is located within the state, and not more than	111713
fifty per cent of the cost of maintenance of any such bridge, and	111714
no such agreement shall be made that obligates the state in excess	111715
of three hundred thousand dollars in any one year for maintenance.	111716

(2) Notwithstanding division (A)(1) of this section, the	111717
director may expend funds for the design, construction,	111718
inspection, maintenance, repair, and replacement of bridge and	111719
bridge approaches for the bridge that were transferred from the	111720
Ohio bridge commission to the control of the state of Ohio,	111721
department of transportation, as provided in Section 4 of Amended	111722
Substitute House Bill No. 98 of the 114th general assembly.	111723
Following the replacement of that bridge, the director may expend	111724
funds for the design, construction, inspection, maintenance,	111725
repair, and replacement of bridge and bridge approaches.	111726

(3) Any such agreements shall be approved by the governor and	111727
attorney general of the state before they become effective.	111728

(4) Each agreement entered into shall designate	111729
responsibility for inspection, provide for annual inspection, and	111730
require that a report of each inspection be filed with the	111731
department of transportation. The director, with regard to all	111732
existing bridges or other bridges on a stream that forms a	111733
boundary line of this state, shall take all reasonable measures to	111734
obtain and to secure the filing of a copy of each inspection	111735
report for each bridge with the department of transportation.	111736

(5) The department, upon hearing that a ~~toll free~~ bridge	111737
across the Ohio river is scheduled to be closed by a contiguous	111738
state, shall make all reasonable efforts to notify the Ohio	111739
residents likely to be adversely affected by that closing. The	111740
department also shall cooperate and communicate with contiguous	111741
states in trying to resolve bridge closing problems.	111742

(B)(1) The director, when hethe director considers it in the	111743
interest of the welfare and safety of the citizens of Ohio, may	111744
enter into agreements with other states, subdivisions thereof,	111745
metropolitan planning organizations, or the United States,	111746
relative to the design, construction, operation, maintenance, and	111747
repair of a regional traffic management system, and may expend	111748
state and federal highway funds for such purposes, notwithstanding	111749
any other provision of the Revised Code.	111750

(2) No such agreement shall be made that obligates this state	111751
to expend more than the cost of construction of such portion of a	111752
regional traffic management system as is located within the state,	111753
and not more than a proportional amount, based upon the system	111754
presence in this state, for costs of design, operation,	111755
maintenance, and repair.	111756

(3) Any such agreements shall be approved by the governor and	111757
attorney general of the state before they become effective.	111758

(4) As used in division (B) of this section, "regional	111759
traffic management system" means an integrated, high-technology	111760
system to provide remote control center surveillance and	111761
monitoring of the regional freeways and main arterial routes in	111762
order to reduce and eliminate major backups and delays to	111763
motorists in the area.	111764

Sec. 5501.73. (A) After selecting a solicited or unsolicited	111765
proposal for a public-private initiative, the department of	111766
transportation shall enter into a public-private agreement for a	111767
transportation facility with the selected private entity or any	111768
configuration of private entities. An affected jurisdiction may be	111769
a party to a public-private agreement entered into by the	111770
department and a selected private entity or combination of private	111771
entities.	111772

(B) A public-private agreement under this section shall	111773
provide for all of the following:	111774

(1) Planning, acquisition, financing, development, design,	111775
construction, reconstruction, replacement, improvement,	111776
maintenance, management, repair, leasing, or operation of a	111777
transportation facility;	111778

(2) Term of the public-private agreement~~, subject to division~~	111779
~~(D) of this section~~;	111780

(3) Type of property interest, if any, the private entity	111781
will have in the transportation facility;	111782

(4) A specific plan to ensure proper maintenance of the	111783
transportation facility throughout the term of the agreement and a	111784
return of the facility to the department, if applicable, in good	111785
condition and repair;	111786

(5) Whether user fees will be collected on the transportation	111787
facility and the basis by which such user fees shall be determined	111788
and modified;	111789

(6) Compliance with applicable federal, state, and local	111790
laws;	111791

(7) Grounds for termination of the public-private agreement	111792
by the department or operator;	111793

(8) Disposition of the facility upon completion of the	111794
agreement;	111795

(9) Procedures for amendment of the agreement.

111796

(C) A public-private agreement under this section may provide	111797
for any of the following:	111798

(1) Review and approval by the department of the operator's	111799
plans for the development and operation of the transportation	111800
facility;	111801

(2) Inspection by the department of construction of or	111802
improvements to the transportation facility;	111803

(3) Maintenance by the operator of a policy of liability	111804
insurance or self-insurance;	111805

(4) Filing by the operator, on a periodic basis, of	111806
appropriate financial statements in a form acceptable to the	111807
department;	111808

(5) Filing by the operator, on a periodic basis, of traffic	111809
reports in a form acceptable to the department;	111810

(6) Financing obligations of the operator and the department;

111811

(7) Apportionment of expenses between the operator and the	111812
department;	111813

(8) Rights and duties of the operator, the department, and	111814
other state and local governmental entities with respect to use of	111815
the transportation facility;	111816

(9) Rights and remedies available in the event of default or	111817
delay;	111818

(10) Terms and conditions of indemnification of the operator	111819
by the department;	111820

(11) Assignment, subcontracting, or other delegation of	111821
responsibilities of the operator or the department under the	111822
agreement to third parties, including other private entities and	111823
other state agencies;	111824

(12) Sale or lease to the operator of private property	111825
related to the transportation facility;	111826

(13) Traffic enforcement and other policing issues, including	111827
any reimbursement by the private entity for such services.	111828

(D) ~~Any public-private agreement entered into under this~~	111829
~~section may be for a period not to exceed the then current~~	111830
~~two-year period for which appropriations have been made by the~~	111831
~~general assembly to the department; provided, that any agreement~~	111832
~~may be renewed for succeeding two-year periods when the general~~	111833
~~assembly enacts sufficient appropriations to the department for~~	111834
~~each successive biennium. Any such agreement may include, without~~	111835
~~limitation, any agreement by the department with respect to any~~	111836
~~costs of transportation facilities to be included prior to~~	111837
~~acquisition and construction of such transportation facilities.~~	111838
~~Any such agreement shall not constitute a debt or pledge of the~~	111839
~~faith and credit of the state, or of any political subdivision of~~	111840
~~the state, and the operator shall have no right to have taxes or~~	111841
~~excises levied by the general assembly, or the taxing authority of~~	111842
~~any political subdivision of the state, for payments under the~~	111843
~~agreement. Any such agreement shall contain a statement to that~~	111844
~~effect.~~	111845

~~(E)~~ No public-private agreement entered into under this	111846
section shall be construed to transfer to a private entity the	111847
director's authority to appropriate property under Chapters 163.,	111848
5501., and 5519. of the Revised Code.	111849

Sec. 5502.52. (A) There is hereby created the statewide	111850
emergency alert program to aid in the identification and location	111851
of children who are under eighteen years of age, who are abducted,	111852
and whose abduction, as determined by a law enforcement agency,	111853
poses a credible threat of immediate danger of serious bodily harm	111854
or death to a child. The program shall be a coordinated effort	111855
among the governor's office, the department of public safety, the	111856
attorney general, law enforcement agencies, the state's public and	111857
commercial television and radio broadcasters, and others as deemed	111858
necessary by the governor.	111859

(B) The statewide emergency alert program shall not be	111860
implemented unless all of the following activation criteria are	111861
met:	111862

(1) The local investigating law enforcement agency confirms	111863
that an abduction has occurred.	111864

(2) An abducted child is under eighteen years of age.

111865

(3) The abduction poses a credible threat of immediate danger	111866
of serious bodily harm or death to a child.	111867

(4) A law enforcement agency determines that the child is not	111868
a runaway and has not been abducted as a result of a child custody	111869
dispute, unless the dispute poses a credible threat of immediate	111870
danger of serious bodily harm or death to the child.	111871

(5) There is sufficient descriptive information about the	111872
child, the abductor, and the circumstances surrounding the	111873
abduction to indicate that activation of the alert will help	111874
locate the child.	111875

(C) Nothing in division (B) of this section prevents the	111876
activation of a local or regional emergency alert program that may	111877
impose different criteria for the activation of a local or	111878
regional plan.	111879

(D) Any radio broadcast station, television broadcast	111880
station, or cable television system participating in the statewide	111881
emergency alert program or in any local or regional emergency	111882
alert program, and any director, officer, employee, or agent of	111883
any such station or system, shall not be liable to any person for	111884
damages for any loss allegedly caused by or resulting from the	111885
station's or system's broadcast or cablecast of, or failure to	111886
broadcast or cablecast, any information pursuant to the statewide	111887
emergency alert program or the local or regional emergency alert	111888
program.	111889

(E) No person shall knowingly make a false report that a	111890
child has been abducted and that leads to the implementation of	111891
the statewide emergency alert program created under this section	111892
or that leads to the implementation of a local or regional	111893
emergency alert program. Whoever violates this division is guilty	111894
of a felony of the fourth degree.	111895

(F) As used in this section:

111896

(1) "Abducted child" means a child for whom there is credible	111897
evidence to believe that the child has been abducted in violation	111898
of section 2905.01, 2905.02, 2905.03, or 2905.05 of the Revised	111899
Code.	111900

(2) "Cable television system" means a cable system, as	111901
defined in section 2913.04 of the Revised Code.	111902

(3) "Law enforcement agency" includes, but is not limited to,	111903
a county sheriff's office, the office of a village marshal, a	111904
police department of a municipal corporation, a police force of a	111905
regional transit authority, a police force of a metropolitan	111906
housing authority, the state highway patrol, a state university	111907
law enforcement agency, the office of a township police constable,	111908
and the police department of a township or joint ~~township~~ police	111909
district.	111910

Sec. 5502.522. (A) There is hereby created the statewide	111911
emergency alert program to aid in the identification and location	111912
of any individual who has a mental impairment or is sixty-five	111913
years of age or older, who is or is believed to be a temporary or	111914
permanent resident of this state, is at a location that cannot be	111915
determined by an individual familiar with the missing individual,	111916
and is incapable of returning to the missing individual's	111917
residence without assistance, and whose disappearance, as	111918
determined by a law enforcement agency, poses a credible threat of	111919
immediate danger of serious bodily harm or death to the missing	111920
individual. The program shall be a coordinated effort among the	111921
governor's office, the department of public safety, the attorney	111922
general, law enforcement agencies, the state's public and	111923
commercial television and radio broadcasters, and others as	111924
determined necessary by the governor. No name shall be given to	111925
the program created under this division that conflicts with any	111926
alert code standards that are required by federal law and that	111927
govern the naming of emergency alert programs.	111928

(B) The statewide emergency alert program shall not be	111929
implemented unless all of the following activation criteria are	111930
met:	111931

(1) The local investigating law enforcement agency confirms	111932
that the individual is missing.	111933

(2) The individual is sixty-five years of age or older or has	111934
a mental impairment.	111935

(3) The disappearance of the individual poses a credible	111936
threat of immediate danger of serious bodily harm or death to the	111937
individual.	111938

(4) There is sufficient descriptive information about the	111939
individual and the circumstances surrounding the individual's	111940
disappearance to indicate that activation of the alert will help	111941
locate the individual.	111942

(C) Nothing in division (B) of this section prevents the	111943
activation of a local or regional emergency alert program that may	111944
impose different criteria for the activation of a local or	111945
regional plan.	111946

(D) Any radio broadcast station, television broadcast	111947
station, or cable system participating in the statewide emergency	111948
alert program or in any local or regional emergency alert program,	111949
and any director, officer, employee, or agent of any station or	111950
system participating in either type of alert program, shall not be	111951
liable to any person for damages for any loss allegedly caused by	111952
or resulting from the station's or system's broadcast or cablecast	111953
of, or failure to broadcast or cablecast, any information pursuant	111954
to the statewide emergency alert program or the local or regional	111955
emergency alert program.	111956

(E) A local investigating law enforcement agency shall not be	111957
required to notify the statewide emergency alert program that the	111958
law enforcement agency has received information that meets the	111959
activation criteria set forth in division (B) of this section	111960
during the first twenty-four hours after the law enforcement	111961
agency receives the information.	111962

(F) Nothing in this section shall be construed to authorize	111963
the use of the federal emergency alert system unless otherwise	111964
authorized by federal law.	111965

(G) As used in this section:

111966

(1) "Cable system" has the same meaning as in section 2913.04	111967
of the Revised Code.	111968

(2) "Law enforcement agency" includes, but is not limited to,	111969
a county sheriff's office, the office of a village marshal, a	111970
police department of a municipal corporation, a police force of a	111971
regional transit authority, a police force of a metropolitan	111972
housing authority, the state highway patrol, a state university	111973
law enforcement agency, the office of a township police constable,	111974
and the police department of a township or joint ~~township~~ police	111975
district.	111976

(3) "Mental impairment" means a substantial disorder of	111977
thought, mood, perception, orientation, or memory that grossly	111978
impairs judgment, behavior, or ability to live independently or	111979
provide self-care as certified by a licensed physician,	111980
psychiatrist, or psychologist.	111981

Sec. 5502.61. As used in sections 5502.61 to 5502.66 of the	111982
Revised Code:	111983

(A) "Federal criminal justice acts" means any federal law	111984
that authorizes financial assistance and other forms of assistance	111985
to be given by the federal government to the states to be used for	111986
the improvement of the criminal and juvenile justice systems of	111987
the states.	111988

(B)(1) "Criminal justice system" includes all of the	111989
functions of the following:	111990

(a) The state highway patrol, county sheriff offices,	111991
municipal and township police departments, and all other law	111992
enforcement agencies;	111993

(b) The courts of appeals, courts of common pleas, municipal	111994
courts, county courts, and mayor's courts, when dealing with	111995
criminal cases;	111996

(c) The prosecuting attorneys, city directors of law, village	111997
solicitors, and other prosecuting authorities when prosecuting or	111998
otherwise handling criminal cases, and the county and joint county	111999
public defenders and other public defender agencies or offices;	112000

(d) The department of rehabilitation and correction,	112001
probation departments, county and municipal jails and workhouses,	112002
and any other department, agency, or facility that is concerned	112003
with the rehabilitation or correction of criminal offenders;	112004

(e) Any public or private agency whose purposes include the	112005
prevention of crime or the diversion, adjudication, detention, or	112006
rehabilitation of criminal offenders;	112007

(f) Any public or private agency, the purposes of which	112008
include assistance to crime victims or witnesses.	112009

(2) The inclusion of any public or private agency, the	112010
purposes of which include assistance to crime victims or	112011
witnesses, as part of the criminal justice system pursuant to	112012
division (B)(1) of this section does not limit, and shall not be	112013
construed as limiting, the discretion or authority of the attorney	112014
general with respect to crime victim assistance and criminal	112015
justice programs.	112016

(C) "Juvenile justice system" includes all of the functions	112017
of the juvenile courts, the department of youth services, any	112018
public or private agency whose purposes include the prevention of	112019
delinquency or the diversion, adjudication, detention, or	112020
rehabilitation of delinquent children, and any of the functions of	112021
the criminal justice system that are applicable to children.	112022

(D) "Comprehensive plan" means a document that coordinates,	112023
evaluates, and otherwise assists, on an annual or multi-year	112024
basis, any of the functions of the criminal and juvenile justice	112025
systems of the state or a specified area of the state, that	112026
conforms to the priorities of the state with respect to criminal	112027
and juvenile justice systems, and that conforms with the	112028
requirements of all federal criminal justice acts. These functions	112029
may include, but are not limited to, any of the following:	112030

(1) Crime and delinquency prevention;

112031

(2) Identification, detection, apprehension, and detention of	112032
persons charged with criminal offenses or delinquent acts;	112033

(3) Assistance to crime victims or witnesses, except that the	112034
comprehensive plan does not include the functions of the attorney	112035
general pursuant to sections 109.91 and 109.92 of the Revised	112036
Code;	112037

(4) Adjudication or diversion of persons charged with	112038
criminal offenses or delinquent acts;	112039

(5) Custodial treatment of criminal offenders, delinquent	112040
children, or both;	112041

(6) Institutional and noninstitutional rehabilitation of	112042
criminal offenders, delinquent children, or both.	112043

(E) "Metropolitan county criminal justice services agency"	112044
means an agency that is established pursuant to division (A) of	112045
section 5502.64 of the Revised Code.	112046

(F) "Administrative planning district" means a district that	112047
is established pursuant to division (A) or (B) of section 5502.66	112048
of the Revised Code.	112049

(G) "Criminal justice coordinating council" means a criminal	112050
justice services agency that is established pursuant to division	112051
(D) of section 5502.66 of the Revised Code.	112052

(H) "Local elected official" means any person who is a member	112053
of a board of county commissioners or township trustees or of a	112054
city or village council, judge of the court of common pleas, a	112055
municipal court, or a county court, sheriff, county coroner,	112056
prosecuting attorney, city director of law, village solicitor, or	112057
mayor.	112058

(I) "Juvenile justice coordinating council" means a juvenile	112059
justice services agency that is established pursuant to division	112060
(D) of section 5502.66 of the Revised Code.	112061

(J) "Mcgruff house program" means a program in which	112062
individuals or families volunteer to have their homes or other	112063
buildings serve as places of temporary refuge for children and to	112064
display the mcgruff house symbol identifying the home or building	112065
as that type of place.	112066

(K) "Mcgruff house symbol" means the symbol that is	112067
characterized by the image of "mcgruff," the crime dog, and the	112068
slogan "take a bite out of crime," and that has been adopted by	112069
the national crime prevention council as the symbol of its	112070
national citizens' crime prevention campaign.	112071

(L) "Sponsoring agency" means any of the following:

112072

(1) The board of education of any city, local, or exempted	112073
village school district;	112074

(2) The governing board of any educational service center;

112075

(3) The governing authority of any chartered nonpublic	112076
school;	112077

(4) The police department of any municipal corporation,	112078
township, township police district, or joint ~~township~~ police	112079
district;	112080

(5) The office of any township constable or county sheriff.

112081

Sec. 5502.68. (A) There is hereby created in the state	112082
treasury the drug law enforcement fund. Ninety-seven per cent of	112083
three dollars and fifty cents out of each ten-dollar court cost	112084
imposed pursuant to section 2949.094 of the Revised Code shall be	112085
credited to the fund. Money in the fund shall be used only in	112086
accordance with this section to award grants to counties,	112087
municipal corporations, townships, township police districts, and	112088
joint ~~township~~ police districts to defray the expenses that a	112089
drug task force organized in the county, or in the county in which	112090
the municipal corporation, township, or district is located,	112091
incurs in performing its functions related to the enforcement of	112092
the state's drug laws and other state laws related to illegal drug	112093
activity.	112094

The division of criminal justice services shall administer	112095
all money deposited into the drug law enforcement fund and, by	112096
rule adopted under Chapter 119. of the Revised Code, shall	112097
establish procedures for a county, municipal corporation,	112098
township, township police district, or joint ~~township~~ police	112099
district to apply for money from the fund to defray the expenses	112100
that a drug task force organized in the county, or in the county	112101
in which the municipal corporation, township, or district is	112102
located, incurs in performing its functions related to the	112103
enforcement of the state's drug laws and other state laws related	112104
to illegal drug activity, procedures and criteria for determining	112105
eligibility of applicants to be provided money from the fund, and	112106
procedures and criteria for determining the amount of money to be	112107
provided out of the fund to eligible applicants.	112108

(B) The procedures and criteria established under division	112109
(A) of this section for applying for money from the fund shall	112110
include, but shall not be limited to, a provision requiring a	112111
county, municipal corporation, township, township police district,	112112
or joint ~~township~~ police district that applies for money from the	112113
fund to specify in its application the amount of money desired	112114
from the fund, provided that the cumulative amount requested in	112115
all applications submitted for any single drug task force may not	112116
exceed more than two hundred fifty thousand dollars in any	112117
calendar year for that task force.	112118

(C) The procedures and criteria established under division	112119
(A) of this section for determining eligibility of applicants to	112120
be provided money from the fund and for determining the amount of	112121
money to be provided out of the fund to eligible applicants shall	112122
include, but not be limited to, all of the following:	112123

(1) Provisions requiring that, in order to be eligible to be	112124
provided money from the fund, a drug task force that applies for	112125
money from the fund must provide evidence that the drug task force	112126
will receive a local funding match of at least twenty-five per	112127
cent of the task force's projected operating costs in the period	112128
of time covered by the grant;	112129

(2) Provisions requiring that money from the fund be	112130
allocated and provided to drug task forces that apply for money	112131
from the fund in accordance with the following priorities:	112132

(a) Drug task forces that apply, that are in existence on the	112133
date of the application, and that are determined to be eligible	112134
applicants, and to which either of the following applies shall be	112135
given first priority to be provided money from the fund:	112136

(i) Drug task forces that received funding through the	112137
division of criminal justice services in calendar year 2007;	112138

(ii) Drug task forces in a county that has a population that	112139
exceeds seven hundred fifty thousand.	112140

(b) If any moneys remain in the fund after all drug task	112141
forces that apply, that are in existence on the date of the	112142
application, that are determined to be eligible applicants, and	112143
that satisfy the criteria set forth in division (C)(2)(a)(i) or	112144
(ii) of this section are provided money from the fund as described	112145
in division (C)(2)(a) of this section, the following categories of	112146
drug task forces that apply and that are determined to be eligible	112147
applicants shall be given priority to be provided money from the	112148
fund in the order in which they apply for money from the fund:	112149

(i) Drug task forces that are not in existence on the date of	112150
the application;	112151

(ii) Drug task forces that are in existence on the date of	112152
the application but that do not satisfy the criteria set forth in	112153
division (C)(2)(a)(i) or (ii) of this section.	112154

(D) The procedures and criteria established under division	112155
(A) of this section for determining the amount of money to be	112156
provided out of the fund to eligible applicants shall include, but	112157
shall not be limited to, a provision specifying that the	112158
cumulative amount provided to any single drug task force may not	112159
exceed more than two hundred fifty thousand dollars in any	112160
calendar year.	112161

(E) As used in this section, "drug task force" means a drug	112162
task force organized in any county by the sheriff of the county,	112163
the prosecuting attorney of the county, the chief of police of the	112164
organized police department of any municipal corporation or	112165
township in the county, and the chief of police of the police	112166
force of any township police district or joint ~~township~~ police	112167
district in the county to perform functions related to the	112168
enforcement of state drug laws and other state laws related to	112169
illegal drug activity.	112170

Sec. 5505.04. (A)(1) The general administration and	112171
management of the state highway patrol retirement system and the	112172
making effective of this chapter are hereby vested in the state	112173
highway patrol retirement board. The board may sue and be sued,	112174
plead and be impleaded, contract and be contracted with, and do	112175
all things necessary to carry out this chapter.	112176

The board shall consist of the following members:

112177

(a) The superintendent of the state highway patrol;

112178

(b) Two retirant members who reside in this state;

112179

112180

(d) One member, known as the treasurer of state's investment	112181
designee, who shall be appointed by the treasurer of state for a	112182
term of four years and who shall have the following	112183
qualifications:	112184

(i) The member is a resident of this state.

112185

(ii) Within the three years immediately preceding the	112186
appointment, the member has not been employed by the public	112187
employees retirement system, police and fire pension fund, state	112188
teachers retirement system, school employees retirement system, or	112189
state highway patrol retirement system or by any person,	112190
partnership, or corporation that has provided to one of those	112191
retirement systems services of a financial or investment nature,	112192
including the management, analysis, supervision, or investment of	112193
assets.	112194

(iii) The member has direct experience in the management,	112195
analysis, supervision, or investment of assets.	112196

(iv) The member is not currently employed by the state or a	112197
political subdivision of the state.	112198

(e) Two investment expert members, who shall be appointed to	112199
four-year terms. One investment expert member shall be appointed	112200
by the governor, and one investment expert member shall be jointly	112201
appointed by the speaker of the house of representatives and the	112202
president of the senate. Each investment expert member shall have	112203
the following qualifications:	112204

(i) Each investment expert member shall be a resident of this	112205
state.	112206

(ii) Within the three years immediately preceding the	112207
appointment, each investment expert member shall not have been	112208
employed by the public employees retirement system, police and	112209
fire pension fund, state teachers retirement system, school	112210
employees retirement system, or state highway patrol retirement	112211
system or by any person, partnership, or corporation that has	112212
provided to one of those retirement systems services of a	112213
financial or investment nature, including the management,	112214
analysis, supervision, or investment of assets.	112215

(iii) Each investment expert member shall have direct	112216
experience in the management, analysis, supervision, or investment	112217
of assets.	112218

(2) The board shall annually elect a chairperson and	112219
vice-chairperson from among its members. The vice-chairperson	112220
shall act as chairperson in the absence of the chairperson. A	112221
majority of the members of the board shall constitute a quorum and	112222
any action taken shall be approved by a majority of the members of	112223
the board. The board shall meet not less than once each year, upon	112224
sufficient notice to the members. All meetings of the board shall	112225
be open to the public except executive sessions as set forth in	112226
division (G) of section 121.22 of the Revised Code, and any	112227
portions of any sessions discussing medical records or the degree	112228
of disability of a member excluded from public inspection by this	112229
section.	112230

(3) Any investment expert member appointed to fill a vacancy	112231
occurring prior to the expiration of the term for which the	112232
member's predecessor was appointed holds office until the end of	112233
such term. The member continues in office subsequent to the	112234
expiration date of the member's term until the member's successor	112235
takes office, or until a period of sixty days has elapsed,	112236
whichever occurs first.	112237

(B) The attorney general shall prescribe procedures for the	112238
adoption of rules authorized under this chapter, consistent with	112239
the provision of section 111.15 of the Revised Code under which	112240
all rules shall be filed in order to be effective. Such procedures	112241
shall establish methods by which notice of proposed rules are	112242
given to interested parties and rules adopted by the board	112243
published and otherwise made available. When it files a rule with	112244
the joint committee on agency rule review pursuant to section	112245
111.15 of the Revised Code, the board shall submit to the Ohio	112246
retirement study council a copy of the full text of the rule, and	112247
if applicable, a copy of the rule summary and fiscal analysis	112248
required by division (B) of section 127.18 of the Revised Code.	112249

(C)(1) As used in this division, "personal history record"	112250
means information maintained by the board on an individual who is	112251
a member, former member, retirant, or beneficiary that includes	112252
the address, telephone number, social security number, record of	112253
contributions, correspondence with the system, and other	112254
information the board determines to be confidential.	112255

(2) The records of the board shall be open to public	112256
inspection, except for the following which shall be excluded: the	112257
member's, former member's, retirant's, or beneficiary's personal	112258
history record and the amount of a monthly allowance or benefit	112259
paid to a retirant, beneficiary, or survivor, except with the	112260
written authorization of the individual concerned.	112261

(D) All medical reports and recommendations are privileged	112262
except as follows:	112263

(1) Copies of such medical reports or recommendations shall	112264
be made available to the individual's personal physician,	112265
attorney, or authorized agent upon written release received from	112266
such individual or such individual's agent, or when necessary for	112267
the proper administration of the fund to the board-assigned	112268
physician.	112269

(2) Documentation required by section 2929.193 of the Revised	112270
Code shall be provided to a court holding a hearing under that	112271
section.	112272

(E) Notwithstanding the exceptions to public inspection in	112273
division (C)(2) of this section, the board may furnish the	112274
following information:	112275

(1) If a member, former member, or retirant is subject to an	112276
order issued under section 2907.15 of the Revised Code or an order	112277
issued under division (A) or (B) of section 2929.192 of the	112278
Revised Code or is convicted of or pleads guilty to a violation of	112279
section 2921.41 of the Revised Code, on written request of a	112280
prosecutor as defined in section 2935.01 of the Revised Code, the	112281
board shall furnish to the prosecutor the information requested	112282
from the individual's personal history record.	112283

(2) Pursuant to a court order issued under Chapters 3119.,	112284
3121., and 3123. of the Revised Code, the board shall furnish to a	112285
court or child support enforcement agency the information required	112286
under those chapters.	112287

(3) At the written request of any nonprofit organization or	112288
association providing services to retirement system members,	112289
retirants, or beneficiaries, the board shall provide to the	112290
organization or association a list of the names and addresses of	112291
members, former members, retirants, or beneficiaries if the	112292
organization or association agrees to use such information solely	112293
in accordance with its stated purpose of providing services to	112294
such individuals and not for the benefit of other persons,	112295
organizations, or associations. The costs of compiling, copying,	112296
and mailing the list shall be paid by such entity.	112297

(4) Within fourteen days after receiving from the director of	112298
job and family services a list of the names and social security	112299
numbers of recipients of public assistance pursuant to section	112300
5101.181 of the Revised Code, the board shall inform the auditor	112301
of state of the name, current or most recent employer address, and	112302
social security number of each member whose name and social	112303
security number are the same as those of a person whose name or	112304
social security number was submitted by the director. The board	112305
and its employees, except for purposes of furnishing the auditor	112306
of state with information required by this section, shall preserve	112307
the confidentiality of recipients of public assistance in	112308
compliance with ~~division (A) of~~ section 5101.181 of the Revised	112309
Code.	112310

(5) The system shall comply with orders issued under section	112311
3105.87 of the Revised Code.	112312

On the written request of an alternate payee, as defined in	112313
section 3105.80 of the Revised Code, the system shall furnish to	112314
the alternate payee information on the amount and status of any	112315
amounts payable to the alternate payee under an order issued under	112316
section 3105.171 or 3105.65 of the Revised Code.	112317

(6) At the request of any person, the board shall make	112318
available to the person copies of all documents, including	112319
resumes, in the board's possession regarding filling a vacancy of	112320
an employee member or retirant member of the board. The person who	112321
made the request shall pay the cost of compiling, copying, and	112322
mailing the documents. The information described in this division	112323
is a public record.	112324

(7) The system shall provide the notice required by section	112325
5505.263 of the Revised Code to the prosecutor assigned to the	112326
case.	112327

(F) A statement that contains information obtained from the	112328
system's records that is certified and signed by an officer of the	112329
retirement system and to which the system's official seal is	112330
affixed, or copies of the system's records to which the signature	112331
and seal are attached, shall be received as true copies of the	112332
system's records in any court or before any officer of this state.	112333

Sec. 5505.22. The right of any individual to a pension, or	112334
to the return of accumulated contributions, payable as provided	112335
under this chapter, and all moneys and investments of the state	112336
highway patrol retirement system and income from moneys or	112337
investments are exempt from any state tax, except the tax imposed	112338
by section 5747.02 of the Revised Code, and are exempt from any	112339
county, municipal, or other local tax, except income taxes imposed	112340
pursuant to section 5748.02 or, 5748.08, or 5748.09 of the Revised	112341
Code, and, except as provided in sections 3105.171, 3105.65,	112342
3115.32, 3119.80, 3119.81, 3121.02, 3121.03, 3123.06, 5505.26,	112343
5505.262, and 5505.263 of the Revised Code, shall not be subject	112344
to execution, garnishment, attachment, the operation of bankruptcy	112345
or insolvency laws, or any other process of law whatsoever, and	112346
shall be unassignable except as specifically provided in this	112347
chapter.	112348

Sec. 5525.04. No bidder shall be given a certificate of	112349
qualification unless the bidder's financial statement and the	112350
investigation made by the director of transportation show that the	112351
bidder possesses net current assets or working capital sufficient,	112352
in the judgment of the director, to render it probable that the	112353
bidder can satisfactorily execute the bidder's contracts and meet	112354
all contractual obligations. Any applicant desiring a certificate	112355
of qualification in an amount of ~~two~~five million dollars or more	112356
shall submit on forms prescribed by the director a financial audit	112357
prepared and attested as correct by an independent certified	112358
public accountant. Any applicant desiring a certificate of	112359
qualification in an amount that is less than ~~two~~five million	112360
dollars shall submit a financial review on forms prescribed by the	112361
director. The aggregate amount of work set forth in either type of	112362
certificate of qualification shall not exceed ten times the	112363
applicant's net current assets or working capital. At the time of	112364
bidding, a bidder's qualification is determined by the bidder's	112365
qualification amount minus all of the bidder's pending work.	112366

Applicants for qualification shall expressly authorize the	112367
director to obtain any information that the director considers	112368
pertinent, with respect to the financial worth, assets, and	112369
liabilities of the applicant, from banks or other financial	112370
institutions, surety companies, dealers in material, equipment, or	112371
supplies, or other persons having business transactions with the	112372
applicant. Applicants shall expressly authorize all such financial	112373
institutions or other persons to furnish any such information	112374
requested from them by the director. All information filed with or	112375
furnished to the director by applicants or other persons, in	112376
connection with the administration of sections 5525.02 to 5525.09	112377
of the Revised Code, shall be kept in confidence by the director	112378
and not revealed to any person, except upon proper order of a	112379
court. Failure to submit the required information or to expressly	112380
grant the director authority to obtain the required information	112381
shall result in the denial of a certificate of qualification. The	112382
director or the director's subordinates shall have access to the	112383
books of account and financial records of all applicants, unless	112384
the financial statement furnished by any applicant is prepared and	112385
attested as correct by a certified public accountant.	112386

If an applicant for either type of certificate of	112387
qualification is or has been an employer in this state the	112388
application shall be accompanied by satisfactory evidence that the	112389
applicant has complied with Chapter 4123. of the Revised Code.	112390

The director may require all qualified bidders to file	112391
financial statements at such intervals as the director prescribes.	112392
Sections 5525.02 to 5525.09 of the Revised Code shall be	112393
administered without reference to the residence of applicants, and	112394
the rules of the director shall apply equally to residents and	112395
nonresidents of this state. Sections 5525.02 to 5525.09 of the	112396
Revised Code, do not apply to the purchase of material, equipment,	112397
or supplies.	112398

Sec. 5540.01. As used in this chapter:

112399

(A) "Transportation improvement district" or "district" means	112400
a transportation improvement district designated pursuant to	112401
section 5540.02 of the Revised Code.	112402

(B) "Governmental agency" means a department, division, or	112403
other unit of state government; a county, township, or municipal	112404
corporation or other political subdivision; a regional transit	112405
authority or regional transit commission created pursuant to	112406
Chapter 306. of the Revised Code; a port authority created	112407
pursuant to Chapter 4582. of the Revised Code; and the United	112408
States or any agency thereof.	112409

(C) "Project" means a street, highway, parking facility,	112410
freight rail tracks and necessarily related freight rail	112411
facilities, or other transportation project constructed or	112412
improved under this chapter and includes all bridges, tunnels,	112413
overpasses, underpasses, interchanges, approaches, those portions	112414
of connecting streets or highways that serve interchanges and are	112415
determined by the district to be necessary for the safe merging of	112416
traffic between the project and those streets or highways, service	112417
facilities, and administration, storage, and other buildings,	112418
property, and facilities, that the district considers necessary	112419
for the operation of the project, together with all property and	112420
rights that must be acquired by the district for the construction,	112421
maintenance, or operation of the project.	112422

(D) "Cost," as applied to the construction of a project,	112423
includes the cost of construction, including bridges over or under	112424
existing highways and railroads, acquisition of all property	112425
acquired by the district for such construction, demolishing or	112426
removing any buildings or structures on land so acquired,	112427
including the cost of acquiring any lands to which such buildings	112428
or structures may be moved, site clearance, improvement, and	112429
preparation, diverting streets or highways, interchanges with	112430
streets or highways, access roads to private property, including	112431
the cost of land or easements therefor, all machinery,	112432
furnishings, and equipment, communications facilities, financing	112433
expenses, interest prior to and during construction and for one	112434
year after completion of construction, traffic estimates,	112435
indemnity and surety bonds and premiums on insurance, and	112436
guarantees, engineering, feasibility studies, and legal expenses,	112437
plans, specifications, surveys, estimates of cost and revenues,	112438
other expenses necessary or incidental to determining the	112439
feasibility or practicability of constructing a project, and such	112440
other expense as may be necessary or incident to the construction	112441
of the project and the financing of such construction. Any	112442
obligation or expense incurred by any governmental agency or	112443
person for surveys, borings, preparation of plans and	112444
specifications, and other engineering services, or any other cost	112445
described above, in connection with the construction of a project	112446
may be regarded as part of the cost of the project and reimbursed	112447
from revenues, taxes, or the proceeds of bonds as authorized by	112448
this chapter.	112449

(E) "Owner" includes any person having any title or interest	112450
in any property authorized to be acquired by a district under this	112451
chapter.	112452

(F) "Revenues" means all moneys received by a district with	112453
respect to the lease, sublease, or sale, including installment	112454
sale, conditional sale, or sale under a lease-purchase agreement,	112455
of a project, all moneys received by a district under an agreement	112456
pursuant to Section 515.03 of H.B. 66 of the 126th General	112457
Assembly, Section 555.10 of H.B. 67 of the 127th general assembly,	112458
or Section 755.20 of H.B. 153 of the 129th general assembly, any	112459
gift or grant received with respect to a project, tolls, special	112460
assessments levied by the district, proceeds of bonds to the	112461
extent the use thereof for payment of principal or of premium, if	112462
any, or interest on the bonds is authorized by the district,	112463
proceeds from any insurance, condemnation, or guaranty pertaining	112464
to a project or property mortgaged to secure bonds or pertaining	112465
to the financing of a project, and income and profit from the	112466
investment of the proceeds of bonds or of any revenues.	112467

(G) "Street or highway" has the same meaning as in section	112468
4511.01 of the Revised Code.	112469

(H) "Financing expenses" means all costs and expenses	112470
relating to the authorization, issuance, sale, delivery,	112471
authentication, deposit, custody, clearing, registration,	112472
transfer, exchange, fractionalization, replacement, payment, and	112473
servicing of bonds including, without limitation, costs and	112474
expenses for or relating to publication and printing, postage,	112475
delivery, preliminary and final official statements, offering	112476
circulars, and informational statements, travel and	112477
transportation, underwriters, placement agents, investment	112478
bankers, paying agents, registrars, authenticating agents,	112479
remarketing agents, custodians, clearing agencies or corporations,	112480
securities depositories, financial advisory services,	112481
certifications, audits, federal or state regulatory agencies,	112482
accounting and computation services, legal services and obtaining	112483
approving legal opinions and other legal opinions, credit ratings,	112484
redemption premiums, and credit enhancement facilities.	112485

(I) "Bond proceedings" means the resolutions, trust	112486
agreements, certifications, notices, sale proceedings, leases,	112487
lease-purchase agreements, assignments, credit enhancement	112488
facility agreements, and other agreements, instruments, and	112489
documents, as amended and supplemented, or any one or more of	112490
combination thereof, authorizing, or authorizing or providing for	112491
the terms and conditions applicable to, or providing for the	112492
security or sale or award or liquidity of, bonds, and includes the	112493
provisions set forth or incorporated in those bonds and bond	112494
proceedings.	112495

(J) "Bond service charges" means principal, including any	112496
mandatory sinking fund or mandatory redemption requirements for	112497
retirement of bonds, and interest and any redemption premium	112498
payable on bonds, as those payments come due and are payable to	112499
the bondholder or to a person making payment under a credit	112500
enhancement facility of those bond service charges to a	112501
bondholder.	112502

(K) "Bond service fund" means the applicable fund created by	112503
the bond proceedings for and pledged to the payment of bond	112504
service charges on bonds provided for by those proceedings,	112505
including all moneys and investments, and earnings from	112506
investments, credited and to be credited to that fund as provided	112507
in the bond proceedings.	112508

(L) "Bonds" means bonds, notes, including notes anticipating	112509
bonds or other notes, commercial paper, certificates of	112510
participation, or other evidences of obligation, including any	112511
interest coupons pertaining thereto, issued pursuant to this	112512
chapter.	112513

(M) "Net revenues" means revenues lawfully available to pay	112514
both current operating expenses of a district and bond service	112515
charges in any fiscal year or other specified period, less current	112516
operating expenses of the district and any amount necessary to	112517
maintain a working capital reserve for that period.	112518

(N) "Pledged revenues" means net revenues, moneys and	112519
investments, and earnings on those investments, in the applicable	112520
bond service fund and any other special funds, and the proceeds of	112521
any bonds issued for the purpose of refunding prior bonds, all as	112522
lawfully available and by resolution of the district committed for	112523
application as pledged revenues to the payment of bond service	112524
charges on particular issues of bonds.	112525

(O) "Special funds" means the applicable bond service fund	112526
and any accounts and subaccounts in that fund, any other funds or	112527
accounts permitted by and established under, and identified as a	112528
special fund or special account in, the bond proceedings,	112529
including any special fund or account established for purposes of	112530
rebate or other requirements under federal income tax laws.	112531

(P) "Credit enhancement facilities" means letters of credit,	112532
lines of credit, standby, contingent, or firm securities purchase	112533
agreements, insurance, or surety arrangements, guarantees, and	112534
other arrangements that provide for direct or contingent payment	112535
of bond service charges, for security or additional security in	112536
the event of nonpayment or default in respect of bonds, or for	112537
making payment of bond service charges and at the option and on	112538
demand of bondholders or at the option of the district or upon	112539
certain conditions occurring under put or similar arrangements, or	112540
for otherwise supporting the credit or liquidity of the bonds, and	112541
includes credit, reimbursement, marketing, remarketing, indexing,	112542
carrying, interest rate hedge, and subrogation agreements, and	112543
other agreements and arrangements for payment and reimbursement of	112544
the person providing the credit enhancement facility and the	112545
security for that payment and reimbursement.	112546

(Q) "Refund" means to fund and retire outstanding bonds,	112547
including advance refunding with or without payment or redemption	112548
prior to stated maturity.	112549

(R) "Property" includes interests in property.

112550

(S) "Administrative agent," "agent," "commercial paper,"	112551
"floating rate interest structure," "indexing agent," "interest	112552
rate hedge," "interest rate period," "put arrangement," and	112553
"remarketing agent" have the same meanings as in section 9.98 of	112554
the Revised Code.	112555

(T) "Outstanding" as applied to bonds means outstanding in	112556
accordance with the terms of the bonds and the applicable bond	112557
proceedings.	112558

(U) "Interstate system" has the same meaning as in section	112559
5516.01 of the Revised Code.	112560

Sec. 5540.03. (A) A transportation improvement district may:

112561

(1) Adopt bylaws for the regulation of its affairs and the	112562
conduct of its business;	112563

(2) Adopt an official seal;

112564

(3) Sue and be sued in its own name, plead and be impleaded,	112565
provided any actions against the district shall be brought in the	112566
court of common pleas of the county in which the principal office	112567
of the district is located, or in the court of common pleas of the	112568
county in which the cause of action arose, and all summonses,	112569
exceptions, and notices of every kind shall be served on the	112570
district by leaving a copy thereof at its principal office with	112571
the secretary-treasurer;	112572

(4) Purchase, construct, maintain, repair, sell, exchange,	112573
police, operate, or lease projects;	112574

(5) Issue either or both of the following for the purpose of	112575
providing funds to pay the costs of any project or part thereof:	112576

(a) Transportation improvement district revenue bonds;

112577

(b) Bonds pursuant to Section 13 of Article VIII, Ohio	112578
Constitution;	112579

(6) Maintain such funds as it considers necessary;

112580

(7) Direct its agents or employees, when properly identified	112581
in writing and after at least five days' written notice, to enter	112582
upon lands within its jurisdiction to make surveys and	112583
examinations preliminary to the location and construction of	112584
projects for the district, without liability of the district or	112585
its agents or employees except for actual damage done;	112586

(8) Make and enter into all contracts and agreements	112587
necessary or incidental to the performance of its functions and	112588
the execution of its powers under this chapter;	112589

(9) Employ or retain or contract for the services of	112590
consulting engineers, superintendents, managers, and such other	112591
engineers, construction and accounting experts, financial	112592
advisers, trustees, marketing, remarketing, and administrative	112593
agents, attorneys, and other employees, independent contractors,	112594
or agents as are necessary in its judgment and fix their	112595
compensation, provided all such expenses shall be payable solely	112596
from the proceeds of bonds or from revenues;	112597

(10) Receive and accept from the federal or any state or	112598
local government, including, but not limited to, any agency,	112599
entity, or instrumentality of any of the foregoing, loans and	112600
grants for or in aid of the construction, maintenance, or repair	112601
of any project, and receive and accept aid or contributions from	112602
any source or person of money, property, labor, or other things of	112603
value, to be held, used, and applied only for the purposes for	112604
which such loans, grants, and contributions are made. Nothing in	112605
division (A)(10) of this section shall be construed as imposing	112606
any liability on this state for any loan received by a	112607
transportation improvement district from a third party unless this	112608
state has entered into an agreement to accept such liability.	112609

(11) Acquire, hold, and dispose of property in the exercise	112610
of its powers and the performance of its duties under this	112611
chapter;	112612

(12) Establish and collect tolls or user charges for its	112613
projects;	112614

(13) Do all acts necessary and proper to carry out the powers	112615
expressly granted in this chapter.	112616

(B) Chapters 123., 124., 125., 153., and 4115., and sections	112617
9.331~~, 9.332, 9.333,~~to 9.335 and 307.86 of the Revised Code do	112618
not apply to contracts or projects of a transportation improvement	112619
district.	112620

Sec. 5540.031. (A) The board of trustees of a transportation	112621
improvement district may provide for the construction,	112622
reconstruction, improvement, alteration, or repair of any road,	112623
highway, public place, building, or other infrastructure and levy	112624
special assessments, if the board determines that the public	112625
improvement will benefit the area where it will be constructed,	112626
reconstructed, improved, altered, or repaired. However, if the	112627
improvement is proposed for territory in a political subdivision	112628
located outside the district's territory, the legislative	112629
authority of that political subdivision shall approve the	112630
undertaking of the improvement within the political subdivision.	112631

(B) If any improvements are made under this section,	112632
contracts for the improvement may provide that the improvement may	112633
be owned by the district or by the person or corporation supplying	112634
it to the district under a lease.	112635

(C) If the board of trustees of a district proposes an	112636
improvement described in division (A) of this section, the board	112637
shall conduct a hearing on the proposed improvement. The board	112638
shall indicate by metes and bounds the area in which the public	112639
improvement will be made and the area that will benefit from the	112640
improvement.	112641

(D) The board of trustees shall fix a day for a hearing on	112642
the proposed improvement. The secretary-treasurer of the board	112643
shall deliver, to each owner of a parcel of land or a lot that the	112644
board identifies as benefiting from the proposed improvement, a	112645
notice that sets forth the substance of the proposed improvement	112646
and the time and place of the hearing on it. At least fifteen days	112647
before the date set for the hearing, a copy of the notice shall be	112648
served upon the owner or left at ~~his~~the owner's usual place of	112649
residence, or, if the owner is a corporation, upon an officer or	112650
agent of the corporation. On or before the day of the hearing, the	112651
person serving notice of the hearing shall make return thereon,	112652
under oath, of the time and manner of service, and shall file the	112653
notice with the secretary-treasurer of the board.	112654

At least fifteen days before the day set for the hearing on	112655
the proposed improvement, the secretary-treasurer shall give	112656
notice to each nonresident owner of a lot or parcel of land in the	112657
area to be benefited by the improvement, by publication once in a	112658
newspaper ~~published and~~ of general circulation in the one or more	112659
counties in which this area is located. The publication of the	112660
notice shall be verified by affidavit of the printer or other	112661
person having knowledge of the publication and shall be filed with	112662
the secretary-treasurer of the district on or before the date of	112663
the hearing.	112664

(E) At the time and place specified in the notice for a	112665
hearing on the proposed improvement, the board of trustees of the	112666
district shall meet and hear any and all testimony provided by any	112667
of the parties affected by the proposed improvement and by any	112668
other persons competent to testify. The board or its	112669
representatives shall inspect, by an actual viewing, the area to	112670
be benefited by the proposed improvement. The board shall	112671
determine the necessity of the proposed improvement and may find	112672
that the proposed improvement will result in general as well as	112673
special benefits. The board may adjourn from time to time and to	112674
such places as it considers necessary.	112675

(F)(1) The board may award contracts or enter into a lease	112676
agreement for the construction, reconstruction, improvement,	112677
alteration, or repair of any improvement described in division (A)	112678
of this section and may issue notes, bonds, revenue anticipatory	112679
instruments, or other obligations, as authorized by this chapter,	112680
to finance the improvements.	112681

(2) All or a part of the costs and expenses of providing for	112682
the construction, reconstruction, improvement, alteration, or	112683
repair of any improvement described in division (F)(1) of this	112684
section may be paid from a fund into which may be paid special	112685
assessments levied under this section against the lots and parcels	112686
of land in the area to be benefited by the improvement, if the	112687
board finds that the improvement will result in general or special	112688
benefits to the benefited area. These special assessments shall be	112689
levied not more than one time on the same lot or parcel of land.	112690
Such costs and expenses may also be paid from the treasury of the	112691
district or from other available sources in amounts the board	112692
finds appropriate.	112693

(3) The board shall levy special assessments at an amount not	112694
to exceed ten per cent of the assessable value of the lot or	112695
parcel of land being assessed. The board shall determine the	112696
assessable value of a lot or parcel of land in the following	112697
manner: the board shall first determine the fair market value of	112698
the lot or parcel being assessed in the calendar year in which the	112699
area to be benefited by the public improvement is first designated	112700
and then multiply this amount by the average rate of appreciation	112701
in value of the lot or parcel since that calendar year. The	112702
assessable value of the lot or parcel is the current fair market	112703
value of the lot or parcel minus the amount calculated in the	112704
manner described in the immediately preceding sentence. The board	112705
may adjust the assessable value of a lot or parcel of land to	112706
reflect a sale of the lot or parcel that indicates an appreciation	112707
in its value that exceeds its average rate of appreciation in	112708
value.	112709

(4) Special assessments levied by the board may be paid in	112710
full in a lump sum or may be paid and collected in equal	112711
semiannual installments, equal in number to twice the number of	112712
years for which the lease of the improvement is made or twice the	112713
number of years that the note, bond, instrument, or obligation	112714
that the assessments are pledged to pay requires. The assessments	112715
shall be paid and collected in the same manner and at the same	112716
time as real property taxes are paid and collected, and	112717
assessments in the amount of fifty dollars or less shall be paid	112718
in full, and not in installments, at the time the first or next	112719
installment would otherwise become due and payable. Complaints	112720
regarding assessments may be made to the county board of revision	112721
in the same manner as complaints relating to the valuation and	112722
assessment of real property.	112723

Credits against assessments shall be granted equal to the	112724
value of any construction, reconstruction, improvement,	112725
alteration, or repair that an owner of a parcel of land or lot	112726
makes to an improvement pursuant to an agreement between the owner	112727
and the district.	112728

(5) After the levy of a special assessment, the board, at any	112729
time during any year in which an installment of the assessment	112730
becomes due, may pay out of other available funds of the district,	112731
including any state or federal funds available to the district,	112732
the full amount of the price of the contract that the special	112733
assessments are pledged to pay for that year or any other portion	112734
of the remaining obligation. The board shall be the sole	112735
determiner of the definition, extent, and allocation of the	112736
benefit resulting from an improvement that the board authorizes	112737
under this section.	112738

(G)(1) The board shall certify to the appropriate county	112739
auditor the boundaries of the area that is benefited by any public	112740
improvement the board authorizes under this section and, when the	112741
board so requests, the auditor shall apportion the valuation of	112742
any lot or parcel of land lying partly within and partly outside	112743
the area so benefited.	112744

(2) The board by resolution shall assess against the lots and	112745
parcels of land located in the area that is benefited by a public	112746
improvement such portion of the costs of completing the public	112747
improvement as the board determines, for the period that may be	112748
necessary to pay the note, bond, instrument, or obligation issued	112749
to pay for the improvement and the proceedings in relation to it,	112750
and shall certify these costs to the appropriate county auditor.	112751

(3) Except for assessments that have been paid in full in a	112752
lump sum, the county auditor shall annually place upon the tax	112753
duplicate, for collection in semiannual installments, the two	112754
installments of the assessment for that year, which shall be paid	112755
and collected at the same time and in the same manner as real	112756
property taxes. The collected assessments shall be paid to the	112757
treasury of the district and the board of the district shall use	112758
the assessments for any purpose authorized by this chapter.	112759

Sec. 5540.05. The board of trustees of a district may	112760
acquire real property in fee simple in the name of the district in	112761
connection with, but in excess of that needed for, a project by	112762
any method other than appropriation and hold the property for such	112763
period of time as the board determines. All right, title, and	112764
interest of the district in the property may be sold at public	112765
auction or otherwise, as the board considers in the best interests	112766
of the district; but in no event shall the property be sold for	112767
less than two-thirds of its appraised value. Sale at public	112768
auction shall be undertaken only after the board advertises the	112769
sale in a newspaper of general circulation in the district for at	112770
~~least~~ two weeks or as provided in section 7.16 of the Revised	112771
Code, prior to the date set for the sale.	112772

Sec. 5543.10. (A) The county engineer, upon the order of the	112773
board of county commissioners or board of township trustees, shall	112774
construct sidewalks, curbs, or gutters of suitable materials,	112775
along or connecting the public highways, outside any municipal	112776
corporation, upon the petition of a majority of the abutting	112777
property owners. The expense of the construction of these	112778
improvements may be paid by the county or township, or by the	112779
county or township and abutting property owners in such proportion	112780
as determined by the board of county commissioners or board of	112781
township trustees. The board of county commissioners or board of	112782
township trustees may assess part or all of the cost of these	112783
improvements against the abutting property owners, in proportion	112784
to benefits accruing to their property.	112785

The board of county commissioners or board of township	112786
trustees, by unanimous vote, may order the construction, repair,	112787
or maintenance of sidewalks, curbs, and gutters along or	112788
connecting the public highways, outside a municipal corporation,	112789
without a petition for that construction, repair, or maintenance,	112790
and may assess none, all, or any part of the cost against abutting	112791
property owners, provided that notice is given by publication for	112792
three successive weeks in a newspaper of general circulation	112793
within the county or as provided in section 7.16 of the Revised	112794
Code, stating the intention of the board of county commissioners	112795
or board of township trustees to construct, repair, or maintain	112796
the specified improvements and fixing a date for a hearing on	112797
them. As part of a sidewalk improvement, the board may include the	112798
repair or reconstruction of a driveway within the sidewalk	112799
easement. As part of a curb improvement, the board may include	112800
construction or repair of a driveway apron.	112801

Notice to all abutting property owners shall be given by two	112802
publications in a newspaper of general circulation in the county	112803
or as provided in section 7.16 of the Revised Code, at least ten	112804
days prior to the date fixed in the notice for the making of	112805
assessments. The notice shall state the time and place when	112806
abutting property owners will be given an opportunity to be heard	112807
with reference to assessments. The board of county commissioners	112808
or board of township trustees shall determine whether assessments	112809
shall be paid in one or more installments.	112810

(B) The county engineer may trim or remove any and all trees,	112811
shrubs, and other vegetation growing in or encroaching onto the	112812
right-of-way of the easement of a public sidewalk along or	112813
connecting the public highways and maintained by the county, and	112814
the board of township trustees may trim or remove any and all	112815
trees, shrubs, and other vegetation growing in or encroaching onto	112816
the right-of-way of the easement of a public sidewalk along or	112817
connecting the public highways and maintained by the township, as	112818
is necessary in the engineer's or board's judgment to facilitate	112819
the right of the public to improvement and maintenance of, and	112820
uninterrupted travel on, public sidewalks in the county or	112821
township.	112822

Sec. 5549.21. The board of township trustees may purchase or	112823
lease such machinery and tools as are necessary for use in	112824
constructing, reconstructing, maintaining, and repairing roads and	112825
culverts within the township, and shall provide suitable places	112826
for housing and storing machinery and tools owned by the township.	112827
It may purchase such material and employ such labor as is	112828
necessary for carrying into effect this section, or it may	112829
authorize the purchase or employment of such material and labor by	112830
one of its number, or by the township highway superintendent, at a	112831
price to be fixed by the board. All payments on account of	112832
machinery, tools, material, and labor shall be made from the	112833
township road fund. Except as otherwise provided in sections	112834
505.08, 505.101, and 5513.01 of the Revised Code, all purchases of	112835
materials, machinery, and tools shall, if the amount involved	112836
exceeds ~~twenty-five~~fifty thousand dollars, be made from the	112837
lowest responsible bidder after advertisement, as provided in	112838
section 5575.01 of the Revised Code.	112839

If, in compliance with section 505.10 of the Revised Code,	112840
the board wishes to sell machinery, equipment, or tools owned by	112841
the township to the person from whom it is to purchase other	112842
machinery, equipment, or tools, the board may offer, if the amount	112843
of the purchase alone involved does not exceed ~~twenty-five~~fifty	112844
thousand dollars, to sell such machinery, equipment, or tools and	112845
have the amount credited by the vendor against the purchase of the	112846
other machinery, equipment, or tools. If the purchase price of the	112847
other machinery, equipment, or tools alone exceeds ~~twenty-five~~	112848
fifty thousand dollars, the board may give notice to the	112849
competitive bidders of its willingness to accept offers for the	112850
purchase of the old machinery, equipment, or tools, and those	112851
offers shall be subtracted from the selling price of the other	112852
machinery, equipment, or tools as bid, in determining the lowest	112853
responsible bidder. Notice of the willingness of the board to	112854
accept offers for the purchase of the old machinery, equipment, or	112855
tools shall be made as a part of the advertisement for bids.	112856

Sec. 5552.06. (A) A board of county commissioners or a board	112857
of township trustees may adopt access management regulations or	112858
any amendments to those regulations after holding at least two	112859
public hearings at regular or special sessions of the board. The	112860
board shall consider the county engineer's proposed regulations	112861
prepared under division (B) of section 5552.04 or 5552.05 of the	112862
Revised Code and all comments on those regulations. The board, in	112863
its discretion, may, but need not, adopt any or all of those	112864
proposed regulations. After the public hearings, the board may	112865
decide not to adopt any access management regulations.	112866

The board shall publish notice of the public hearings in a	112867
newspaper of general circulation in the county or township, as	112868
applicable, once a week for ~~at least~~ two weeks or as provided in	112869
section 7.16 of the Revised Code, immediately preceding the	112870
hearings. The notice shall include the time, date, and place of	112871
each hearing. Copies of any proposed regulations or amendments	112872
shall be made available to the public at the board's office and,	112873
if the county engineer administers or is proposed to administer a	112874
point of access permit, in the engineer's office.	112875

(B) In addition to the notice required by division (A) of	112876
this section, not less than thirty days before holding a public	112877
hearing, a board of county commissioners shall send a copy of the	112878
county engineer's proposed regulations, a copy of the advisory	112879
committee's recommendations, and a request for written comments to	112880
the board of township trustees of each township in the county, the	112881
department of transportation district deputy director for the	112882
district in which the county is located, a representative of the	112883
metropolitan planning organization, where applicable, and at least	112884
the local professional associations representing the following	112885
professions:	112886

(1) Homebuilders;

112887

(2) Realtors;

112888

(3) Professional surveyors;

112889

(4) Attorneys;

112890

(5) Professional engineers.

112891

(C) In addition to the notice required by division (A) of	112892
this section, a board of township trustees shall send a copy of	112893
the county engineer's proposed regulations, a copy of the advisory	112894
committee's recommendations, and a request for written comments,	112895
not less than thirty days before holding a public hearing, to the	112896
department of transportation district deputy director for the	112897
district in which the township is located, a representative of the	112898
metropolitan planning organization, where applicable, and at least	112899
the local professional associations representing the professions	112900
listed in division (B) of this section.	112901

Sec. 5553.05. (A) In the resolution required by section	112902
5553.04 of the Revised Code, the board of county commissioners	112903
shall fix a date when it will view the proposed improvement, and	112904
also a date for a final hearing thereon.	112905

The board shall give notice of the time and place for both	112906
such view and hearing by publication once a week for two	112907
consecutive weeks in a newspaper ~~published and having~~of general	112908
circulation in the county where such improvement is located~~, but~~	112909
~~if there is no such newspaper published in said county, then in a~~	112910
~~newspaper having general circulation in said county~~or as provided	112911
in section 7.16 of the Revised Code. Such notice, in addition to	112912
the date and place of such view and place and time of the final	112913
hearing, shall state briefly the character of such improvement.	112914

(B) If the board adopts a resolution to vacate a public road	112915
as provided in section 5553.04 of the Revised Code, or if a	112916
petition to vacate a public road is filed, the board shall, in	112917
addition to the notice of the time and place for hearing	112918
prescribed in division (A) of this section, send written notice of	112919
the hearing by first class mail at least twenty days before the	112920
date of the public hearing to owners of property abutting upon	112921
that portion of the road to be vacated, and to the director of	112922
natural resources. Such notice shall be mailed to the addresses of	112923
such owners appearing on the county auditor's current tax list or	112924
the treasurer's mailing list, and such other list or lists that	112925
may be specified by the board. The failure of the delivery of such	112926
notice does not invalidate any such vacating of the road	112927
authorized in the resolution.	112928

Sec. 5553.19. The county engineer shall view and survey the	112929
road as provided in section 5553.18 of the Revised Code, and shall	112930
make a return of the survey and plat of the road to the board of	112931
county commissioners. Upon the filing of the report of the	112932
engineer, the board shall give notice of the filing of such report	112933
by publication as provided in section 7.16 of the Revised Code or	112934
once each week for three consecutive weeks in a newspaper	112935
~~published and having~~of general circulation in the county in which	112936
such road is situated~~, but if there is no such newspaper published~~	112937
~~in said county, then in a newspaper having general circulation in~~	112938
~~said county~~. Such notice shall state the date and time of the	112939
hearing upon the report of the engineer. If exceptions or	112940
objections are made, the board shall hear them, and it may approve	112941
or reject said report. If the report of the engineer is approved,	112942
the board shall cause such report to be recorded together with the	112943
survey and plat of such road.	112944

Sec. 5553.23. If a person through whose land a public road	112945
has been established, which is under the jurisdiction of the board	112946
of county commissioners, desires to turn or change or relocate	112947
such road or any part thereof through any part of ~~his~~the person's	112948
land, hethe person may file a petition with the board of county	112949
commissioners setting forth briefly the particular change he	112950
~~desires~~desired. Upon the receipt of such petition, the board	112951
shall give notice by publication once not later than two weeks	112952
prior to the date for the hearing on such petition in ~~some~~a	112953
newspaper ~~published and~~ of general circulation in said county, ~~but~~	112954
~~if there is no such newspaper published in said county, then in a~~	112955
~~newspaper having general circulation in said county,~~ stating that	112956
such petition has been filed and setting forth the change desired	112957
in such road and the date and place for the hearing on said	112958
petition. If a public road was once established for public	112959
convenience through private lands, but has not been improved by	112960
public funds and for more than twenty-one years has not been used,	112961
the owner of such land may petition the board to vacate the road	112962
in accordance with proceedings under sections 5553.04 to 5553.11	112963
of the Revised Code.	112964

A person through whose land a trail right of way has been	112965
preserved under section 5553.044 of the Revised Code may file a	112966
petition to turn or change the route of the trail right of way in	112967
the manner provided in this section, and such petition shall be	112968
acted upon in the manner set forth in sections 5553.23 to 5553.31	112969
of the Revised Code. Notice of the hearing in such case shall also	112970
be made by first class mail to the director of natural resources.	112971
If the board turns or changes the route of the trail right of way,	112972
it shall furnish the director with a full and accurate description	112973
or map of the change.	112974

Sec. 5553.42. The board of county commissioners shall give	112975
notice to the owners of lands through which the proposed road will	112976
pass of the filing of the petition provided for in section 5553.41	112977
of the Revised Code and the date and place of the hearing thereon.	112978
Such notice shall be served on such owners personally, or by	112979
leaving a copy of such notice at the usual place of residence of	112980
such owners at least five days before the date of the hearing on	112981
said petition. Proof of service of such notice shall be made by	112982
affidavit of the person serving such notice. If any of such owners	112983
are nonresidents of the county, the board shall give notice to	112984
such nonresidents by publication once each week for two	112985
consecutive weeks in a newspaper ~~published and having~~of general	112986
circulation ~~within~~in the county~~, but if there is no such~~	112987
~~newspaper published in said county, then in a newspaper having~~	112988
~~general circulation in said county~~or as provided in section 7.16	112989
of the Revised Code. A copy of the newspaper containing such	112990
notice shall be mailed by the county auditor to each nonresident	112991
whose post-office address is known to such auditor. Such notice	112992
shall state the time and place of the hearing on claims for	112993
compensation and damages.	112994

Sec. 5555.07. The county engineer shall prepare and file	112995
with the board of county commissioners, by the time fixed therefor	112996
by the board, copies of the surveys, plans, profiles, cross	112997
sections, estimates of costs, and specifications for the	112998
improvement and estimated assessments upon lands benefited	112999
thereby. Thereupon such board shall file such copies in its office	113000
for the inspection and examination of all persons interested.	113001
Except in a case involving the improvement of a public road in	113002
which no land or property is taken or assessed, the board shall	113003
publish in a newspaper ~~published and~~ of general circulation in the	113004
county, ~~or if no newspaper is published in the county then in a~~	113005
~~newspaper having general circulation in the county,~~ for the period	113006
of two weeks or as provided in section 7.16 of the Revised Code,	113007
notice that a resolution has been adopted providing for said	113008
improvement, and that copies of the surveys, plans, profiles,	113009
cross sections, estimates, and specifications, together with	113010
estimated assessments upon the lands benefited by such improvement	113011
for the proportion of the cost thereof to be assessed therefor,	113012
are on file in the office of the board for the inspection of	113013
persons interested therein. Such notice shall state the time and	113014
place for hearing objections to said improvement and to such	113015
estimated assessments. In a case involving the improvement of a	113016
public road in which no land or property is taken or assessed, the	113017
board shall publish the notice required by this section once a	113018
week for two consecutive weeks or as provided in section 7.16 of	113019
the Revised Code.	113020

At such hearing the board may order said surveys, plans,	113021
profiles, cross sections, estimates, and specifications to be	113022
changed or modified and shall make such adjustments of the	113023
estimated assessments as seem just to it. Thereupon the board may	113024
approve such surveys, plans, profiles, cross sections,	113025
specifications, and estimates and approve and confirm estimated	113026
assessments as made by the engineer or as modified and changed by	113027
the board. Such assessments when so approved and confirmed shall	113028
be certified to the county auditor of the county and shall	113029
thereupon become a lien upon the land charged therewith. The board	113030
may declare against said improvement.	113031

Sec. 5555.27. As soon as the county engineer has transmitted	113032
to the several boards of county commissioners copies of ~~his~~the	113033
engineer's surveys, plans, profiles, cross sections, estimates,	113034
and specifications for the improvement, the joint board of county	113035
commissioners shall, except in cases of reconstruction or repair	113036
of roads where no lands or property are taken, fix a time and	113037
place for hearing objections to said improvement. The joint board	113038
shall thereupon, except in cases of reconstruction or repair of	113039
roads where no lands or property are taken, publish in a newspaper	113040
~~published and~~ of general circulation within each interested	113041
county, ~~or if there is no such newspaper published in such county~~	113042
~~then in a newspaper having general circulation in such county,~~	113043
once a week for two consecutive weeks or as provided in section	113044
7.16 of the Revised Code, a notice that such improvement is to be	113045
made and that copies of the surveys, plans, profiles, cross	113046
sections, estimates, and specifications therefor are on file in	113047
the office of the board of each interested county for the	113048
inspection and examination of all persons interested therein. Such	113049
notice shall also state the time and place for hearing objections	113050
to said improvement. Proceedings for the appropriation of land	113051
needed for such improvement shall be maintained in accordance with	113052
sections 163.01 to 163.22~~, inclusive,~~ of the Revised Code.	113053

Sec. 5555.42. A board of county commissioners desiring to	113054
construct a county road improvement, and finding that no equitable	113055
method of apportioning the compensation, damages, and expenses	113056
thereof is provided by section 5555.41 of the Revised Code, or	113057
finding that an equitable assessment cannot be made by the use of	113058
any of the several assessment areas authorized by said section,	113059
may order the county engineer to make a tentative plan for such	113060
improvement and an approximate estimate of the cost. Such board	113061
may thereupon file an application in the court of common pleas	113062
describing the improvement in question, and a copy of the	113063
tentative plan and approximate estimate of cost shall be attached	113064
to such application. The board shall set forth in such application	113065
that the compensation, damages, and expenses of the improvement	113066
cannot be equitably apportioned under any of the several plans	113067
provided by said section or that such compensation, damages, and	113068
expenses cannot be equitably assessed by the use of any one of the	113069
several assessment areas authorized by said section, or that both	113070
such conditions exist, and it shall set forth a method of	113071
apportioning the compensation, damages, and expenses and a	113072
definite description of the area against which it desires to	113073
assess any part of such compensation, damages, and expenses. The	113074
application shall contain a prayer requesting authority from such	113075
court to construct the improvement and apportion the compensation,	113076
damages, and expenses according to the plan suggested by such	113077
board and to assess the designated portion of the cost against the	113078
real estate within the area described in the petition.	113079

Notice of the filing and pendency of such application shall	113080
be given once a week for four consecutive weeks by publication in	113081
~~two newspapers published and of general circulation in the county,~~	113082
~~or if there are no such newspapers then in two newspapers~~a	113083
newspaper of general circulation in such county or as provided in	113084
section 7.16 of the Revised Code. Such notice shall describe the	113085
route and termini of the improvement and set forth the estimated	113086
cost and the proposed method of apportionment and assessment area.	113087
After such notice has been given, the court or a judge thereof	113088
shall fix a time for a hearing on such application, and, at the	113089
time fixed, the court or a judge thereof shall hear such	113090
application and all evidence offered by the board or any taxpayer	113091
of the county for or against the proposed plan of apportionment	113092
and for or against the use of the suggested assessment area. If	113093
the court finds that the suggested plan of apportionment and the	113094
area against which special assessments are to be made are fair and	113095
just, that the cost of the improvement will not be excessive in	113096
view of the benefits conferred, and that all the real estate	113097
within the suggested assessment area will be benefited by the	113098
construction of the improvement upon the plan suggested and by the	113099
use of the method of apportionment set forth in said application,	113100
such court may authorize the board to proceed upon the suggested	113101
plan and to apportion the compensation, damages, and expenses in	113102
the manner set forth in the application and to assess against the	113103
real estate within the assessment area designated in the	113104
application, according to the benefits, that portion of the cost	113105
to be specially assessed; otherwise the court shall dismiss the	113106
application and the board may not proceed with the improvement.	113107
The court may modify the suggested plan of apportionment or the	113108
suggested assessment area and grant the prayer of the application	113109
subject to such modifications as it determines are just and	113110
proper. The board in its application may set up any division of	113111
cost which it thinks proper among the county, the owners of lands	113112
to be specially assessed, and any municipal corporation within	113113
which such projected improvement is situated in whole or in part,	113114
but no portion of the cost may be apportioned to a municipal	113115
corporation without the consent of such municipal corporation	113116
evidenced by an ordinance or resolution of its legislative	113117
authority.	113118

When the prayer of any such application is granted by the	113119
court or a judge thereof and the plan of apportionment and area of	113120
assessment is approved by such court, either as set forth in the	113121
application or as modified by the court, the board may proceed	113122
with the construction of the improvement and use the method of	113123
apportionment and the assessment area authorized by the court. In	113124
such event, the board may levy taxes and issue bonds in the manner	113125
provided by law with respect to improvements, the compensation,	113126
damages, and expenses of which are apportioned and paid as	113127
provided in section 5555.41 of the Revised Code, and all	113128
proceedings in connection with such improvement shall be conducted	113129
in accordance with sections 5555.01 to 5555.83 of the Revised	113130
Code, except as provided in this section. The special assessments	113131
shall be made by the board against the real estate within the	113132
assessment area authorized by the court, but no assessment against	113133
any lot or parcel of real estate shall exceed the actual benefits	113134
conferred thereon by the construction of the improvement. This	113135
section also applies to improvements of sections of a state	113136
highway within counties having a tax duplicate of real and	113137
personal property in excess of three hundred million dollars, and	113138
with respect to which the board desires to co-operate with the	113139
department of transportation.	113140

Sec. 5559.06. Upon the completion of the surveys, plans,	113141
profiles, cross sections, estimates, and specifications for an	113142
improvement under section 5559.02 of the Revised Code by the	113143
county engineer, hethe engineer shall transmit to the board of	113144
county commissioners copies of such surveys, plans, profiles,	113145
cross sections, estimates, and specifications. The board shall	113146
then publish, in a newspaper ~~published and~~ of general circulation	113147
within the county, ~~and if there is no such newspaper published in~~	113148
~~the county then in one having general circulation in such county,~~	113149
once a week for two consecutive weeks or as provided in section	113150
7.16 of the Revised Code, a notice that such improvement is to be	113151
made and that copies of the surveys, plans, profiles, cross	113152
sections, estimates, and specifications for it are on file in the	113153
office of the board for the inspection and examination of all	113154
persons interested. Such notice shall also state the time and	113155
place for hearing objections to the improvement.	113156

In the event that land or property is to be taken for such	113157
improvement, such taking shall be in accordance with sections	113158
163.01 to 163.22~~, inclusive,~~ of the Revised Code.	113159

Sec. 5559.10. As soon as all questions of compensation and	113160
damages have been determined in a road improvement case, the	113161
county engineer shall make, upon actual view, an estimated	113162
assessment upon the real estate to be charged therewith, of the	113163
compensation, damages, and costs of an improvement as provided by	113164
section 5559.02 of the Revised Code. Such estimated assessment	113165
shall be according to the benefit which will result to the real	113166
estate. In making such assessment the engineer may take into	113167
consideration any previous special assessments made upon the real	113168
estate for road improvements. The schedule of such assessments	113169
shall be filed in the office of the board of county commissioners	113170
for the inspection of the persons interested. Before adopting the	113171
assessment, the board shall publish, once each week for two	113172
consecutive weeks, in ~~some~~a newspaper ~~published and~~ of general	113173
circulation in the county or as provided in section 7.16 of the	113174
Revised Code, ~~but if there is no such newspaper then in one having~~	113175
~~general circulation in the county,~~ notice that such assessment has	113176
been made, is on file in the office of the board, and the date	113177
when objections will be heard to such assessment. If any owner of	113178
property affected thereby desires, hethe owner may file ~~his~~	113179
objections to said assessments, in writing, with the board before	113180
the time for hearing. If any objections are filed the board shall	113181
hear them and act as an equalizing board. It may change such	113182
assessments if, in its opinion, any change is necessary to make	113183
them just and equitable, and the board shall approve and confirm	113184
such assessments as reported by the engineer or modified by it.	113185
Such assessments, when so approved and confirmed, shall be a lien	113186
on the land chargeable therewith.	113187

Sec. 5559.12. After the board of county commissioners has	113188
decided to proceed with an improvement as provided by section	113189
5559.02 of the Revised Code, it shall advertise for bids once, not	113190
later than two weeks prior to the date fixed for the letting of	113191
the contract, in a newspaper ~~published and~~ of general circulation	113192
in the county~~, but if there is no such newspaper then in one~~	113193
~~having general circulation in such county~~. Such notice shall state	113194
that copies of the surveys, plans, profiles, cross sections,	113195
estimates, and specifications for such improvement are on file in	113196
the office of the board, and the time within which bids will be	113197
received. The board shall award the contract to the lowest	113198
responsible bidder.	113199

The contract shall be let upon the basis of lump sum bids,	113200
unless the board orders that it be let upon the basis of unit	113201
price bids, in which event it shall be let upon such basis. The	113202
bids received shall be opened at the time stated in the notice.	113203
The board may reject all bids.	113204

Sec. 5561.04. The board of county commissioners, desiring to	113205
proceed under sections 4957.06 and 5561.01 to 5561.15 of the	113206
Revised Code, shall, after receipt of the certificate of necessity	113207
and expediency from the director of transportation, as provided in	113208
section 5561.03 of the Revised Code, hold a public hearing as to	113209
the expediency of constructing such improvement, notice of which	113210
shall be given by publication in ~~two newspapers published and~~a	113211
newspaper of general circulation in the county, ~~if such there be,~~	113212
~~otherwise in two newspapers of general circulation in such county,~~	113213
for two weeks prior to the date set for such hearing or as	113214
provided in section 7.16 of the Revised Code, and shall be served	113215
upon the railroad or interurban railway companies in the manner	113216
for the service of summons in civil actions, not less than twenty	113217
days prior to the date of such hearing.	113218

The board, after such hearing and for the purpose of making	113219
or causing such an improvement to be made, may, by resolution	113220
adopted by unanimous vote, require the railroad company, in	113221
co-operation with the county engineer or any engineer designated	113222
by the board, to prepare and submit to the board within six	113223
months, unless longer time is mutually agreed upon in writing,	113224
plans and specifications for such improvements, specifying the	113225
number, character, and location of all piers and supports which	113226
are to be permanently placed in any road or highway, specifying	113227
the grades to be established for the roads and the height,	113228
character, and estimated cost of any viaduct or way above or below	113229
any railroad track, and the change of grade required to be made of	113230
such tracks including side tracks and switches. But in changing	113231
the grade of any railroad, no grade shall be required in excess of	113232
that adopted by the railroad company for its construction work on	113233
that division or part of the railroad on which the improvement is	113234
to be made, without the consent of the railroad company, nor shall	113235
the railroad company's tracks be required to be placed below	113236
high-water mark.	113237

Such resolution shall be published in the same manner as	113238
resolutions of the legislative authority of a municipal	113239
corporation declaring the necessity of a contemplated public	113240
improvement, and shall be served by the sheriff upon the railroad	113241
or interurban railway companies in the manner provided for the	113242
service of summons in civil actions. If the proposed public	113243
improvement is to be made within a municipal corporation, notice	113244
of the passage of the same shall be served upon the municipal	113245
corporation by delivering to the clerk of the village or	113246
legislative authority of a city a true copy thereof.	113247

If, at the expiration of six months from the passage of such	113248
resolution, the railroad company has refused or failed to	113249
co-operate in the preparation of such plans and specifications, or	113250
if the county engineer or engineer designated by the board and the	113251
railroad company fail to agree upon the plans and specification of	113252
such improvement, then either the railroad company or the county	113253
may submit the matter of determining the method by which the	113254
improvement shall be made to the court of common pleas of such	113255
county. Either the county or company, after the expiration of six	113256
months from the passage of the resolution, may apply to such court	113257
by petition, accompanied by the necessary plans prepared by the	113258
county or railroad company, covering the grade crossing proposed	113259
to be abolished. Such plans must show the grades to be established	113260
for such roads or highways, the changes to be made in the location	113261
of roads or highways, the height, character, and estimated cost of	113262
any viaduct or way above or below the railroad tracks, the number,	113263
character, and location of piers, abutments, or supports to be	113264
permanently located in the roads or highways, and the change of	113265
grade to be made in any railroad tracks, including sidetracks and	113266
switches.	113267

Sec. 5561.08. Notice of the passage of a resolution for a	113268
grade crossing improvement shall be served by the sheriff of the	113269
county, upon the owner of each piece of property which will be	113270
affected by any change of grade, in the manner provided for the	113271
service of summons in civil actions. If any of such owners are	113272
nonresidents of the county, or if it appears from the return that	113273
they cannot be found, the notice shall be published for at least	113274
two weeks in ~~an English language~~a newspaper ~~published~~of general	113275
circulation in ~~such~~the county or as provided in section 7.16 of	113276
the Revised Code. Notice shall be completed at least twenty days	113277
before any work is done on such improvement, and the sheriff's	113278
return shall be prima-facie evidence of the facts recited therein.	113279

Section 727.18 of the Revised Code shall apply to the notice	113280
provided for in this section, and to all claims for damages by	113281
reason of such improvement. Such claims shall be filed with the	113282
county auditor within the time, and rights thereunder shall pass	113283
to vendees, as provided in such section. After the expiration of	113284
the time provided for the filing of claims, the board of county	113285
commissioners, when claims have been filed within the time	113286
limited, shall determine, by resolution, whether such claims are	113287
to be judicially inquired into before commencing or after the	113288
completion of the proposed improvement. Thereupon, the county	113289
prosecutor shall make application for a jury, to the court of	113290
common pleas, or probate court of the county, before commencing or	113291
after the completion of the improvement, as the board determines,	113292
and all proceedings upon such application shall be governed by the	113293
laws relating to similar applications provided for in cases of	113294
city improvements.	113295

Sec. 5571.011. If a person through whose land a public road	113296
has been established which is under the jurisdiction of a board of	113297
township trustees, desires to turn or change or relocate such road	113298
or any part thereof through any part of ~~his~~the person's land, he	113299
the person may file a petition with such board of township	113300
trustees setting forth briefly the particular change ~~he desires~~	113301
desired. Upon receipt of such petition, the board of township	113302
trustees shall give notice by publication once, not later than two	113303
weeks prior to the date which such board shall fix for a hearing	113304
on such petition, in a newspaper ~~published or~~ of general	113305
circulation in said township, stating that such petition has been	113306
filed and setting forth the change desired in such road and the	113307
date and place of such hearing.	113308

Upon receipt of such a petition the board of township	113309
trustees shall cause a competent engineer to make a survey of the	113310
ground over which the road is proposed to be changed, and to make	113311
a report in writing, together with a plat and survey of the	113312
proposed change and ~~his~~the engineer's opinion as to its advantage	113313
or disadvantage. The report of such engineer shall be filed with	113314
the board prior to the hearing of such petition.	113315

At the hearing had on the petition the board of township	113316
trustees may hear evidence for or against changing the road, and	113317
if the board is satisfied that the proposed change will not cause	113318
serious injury or disadvantage to the public, it may make a	113319
finding of such fact in its journal and authorize the petitioner	113320
to change such road in conformity with the prayer of the petition.	113321
The board may grant the change as prayed for in the petition, or	113322
it may order such change of the route of such road as will, in its	113323
judgment, be for the best interest of the public.	113324

Upon receiving satisfactory evidence that the road has been	113325
changed as authorized by it, and opened to the legal width and	113326
improved as required by it, the board of township trustees shall	113327
declare such new road a public highway and cause a record thereof	113328
to be made and at the same time vacate so much of the old road as	113329
is rendered unnecessary by the new road. The person petitioning	113330
for such change shall in all cases pay all costs and expenses in	113331
connection with the proceeding, as found and determined by the	113332
board, and the expense of making such change, including the cost	113333
of relocation of any conduits, cables, wires, towers, poles or	113334
other equipment or appliances of any public utility, located on,	113335
over or under such road. The petitioner shall, on the filing of	113336
the petition for such change, give bond to the satisfaction of the	113337
board in such amount as it determines to secure payment of the	113338
costs of the proceeding and to cover the expense of making the	113339
change asked for by the petition.	113340

Sec. 5573.02. Upon the completion of the surveys, plans,	113341
profiles, cross sections, estimates, and specifications for a road	113342
improvement by the county engineer, hethe engineer shall transmit	113343
to the board of township trustees copies of the same. Except in	113344
cases of reconstruction or repair of roads, where no land or	113345
property is taken, the board shall then cause to be published in a	113346
newspaper~~, published in the county and~~ of general circulation	113347
within the township, ~~but if no such paper is published in the~~	113348
~~county then in one having general circulation in such township,~~	113349
once a week for two consecutive weeks or as provided in section	113350
7.16 of the Revised Code, a notice that such improvement is to be	113351
made and that copies of the surveys, plans, profiles, cross	113352
sections, estimates, and specifications for it are on file with	113353
the board for the inspection and examination of all persons	113354
interested.	113355

In the event that land or property is to be taken for such	113356
improvement, proceedings shall be had in accordance with sections	113357
163.01 to 163.22~~, inclusive,~~ of the Revised Code.	113358

Sec. 5573.10. As soon as all questions of compensation and	113359
damages have been determined for any road improvement, the county	113360
engineer shall make, upon actual view, an estimated assessment,	113361
upon the real estate to be charged, of such part of the	113362
compensation, damages, and costs of such improvement as is to be	113363
specially assessed. Such assessment shall be according to the	113364
benefits which will result to the real estate. In making such	113365
assessment the engineer may take into consideration any previous	113366
special assessment made upon such real estate for road	113367
improvements.	113368

The schedule for such assessments shall be filed with the	113369
board of township trustees for the inspection of the persons	113370
interested. Before adopting the estimated assessment, the board	113371
shall publish once each week for two consecutive weeks, in ~~some~~a	113372
newspaper ~~published in the county and~~ of general circulation	113373
within such township~~, but if there is no such paper published in~~	113374
~~said county then in one having general circulation in such~~	113375
~~township~~or as provided in section 7.16 of the Revised Code,	113376
notice that such assessment has been made and is on file with the	113377
board, and the date when objections will be heard to such	113378
assessment.	113379

If any owner of property affected desires to make objections,	113380
hethe owner may file ~~his~~ objections to such assessments, in	113381
writing, with the board, before the time of such hearing. If any	113382
objections are filed the board shall hear them and act as an	113383
equalizing board, and may change assessments if, in its opinion,	113384
any changes are necessary to make them just and equitable. The	113385
board shall approve and confirm assessments as reported by the	113386
engineer or modified by the board. Such assessments, when approved	113387
and confirmed, shall be a lien on the land chargeable therewith.	113388

Sec. 5575.01. (A) In the maintenance and repair of roads,	113389
the board of township trustees may proceed either by contract or	113390
force account, but, unless the exemption specified in division (C)	113391
of this section applies, if the board wishes to proceed by force	113392
account, it first shall cause the county engineer to complete the	113393
force account assessment form developed by the auditor of state	113394
under section 117.16 of the Revised Code. Except as otherwise	113395
provided in sections 505.08 and 505.101 of the Revised Code, when	113396
the board proceeds by contract, the contract shall, if the amount	113397
involved exceeds forty-five thousand dollars, be let by the board	113398
to the lowest responsible bidder after advertisement for bids	113399
once, not later than two weeks, prior to the date fixed for the	113400
letting of the contract, in a newspaper ~~published in the county~~	113401
~~and~~ of general circulation within the township ~~or, if no newspaper~~	113402
~~is published in the county, in a newspaper having general~~	113403
~~circulation in the township~~. If the amount involved is forty-five	113404
thousand dollars or less, a contract may be let without	113405
competitive bidding, or the work may be done by force account.	113406
Such a contract shall be performed under the supervision of a	113407
member of the board or the township road superintendent.	113408

(B) Before undertaking the construction or reconstruction of	113409
a township road, the board shall cause to be made by the county	113410
engineer an estimate of the cost of the work, which estimate shall	113411
include labor, material, freight, fuel, hauling, use of machinery	113412
and equipment, and all other items of cost. If the board finds it	113413
in the best interest of the public, it may, in lieu of	113414
constructing the road by contract, proceed to construct the road	113415
by force account. Except as otherwise provided under sections	113416
505.08 and 505.101 of the Revised Code, where the total ~~estimate~~	113417
estimated cost of the work exceeds fifteen thousand dollars per	113418
mile, the board shall invite and receive competitive bids for	113419
furnishing all the labor, materials, and equipment and doing the	113420
work, as provided in section 5575.02 of the Revised Code, and	113421
shall consider and reject them before ordering the work done by	113422
force account. When such bids are received, considered, and	113423
rejected, and the work is done by force account, the work shall be	113424
performed in compliance with the plans and specifications upon	113425
which the bids were based.	113426

(C) Force account assessment forms are not required under	113427
division (A) of this section for road maintenance or repair	113428
projects of less than fifteen thousand dollars, or under division	113429
(B) of this section for road construction or reconstruction	113430
projects of less than five thousand dollars per mile.	113431

(D) All force account work under this section shall be done	113432
under the direction of a member of the board or the township road	113433
superintendent.	113434

Sec. 5575.02. After the board of township trustees has	113435
decided to proceed with a road improvement, it shall advertise for	113436
bids once, not later than two weeks prior to the date fixed for	113437
the letting of contracts, in a newspaper ~~published in the county~~	113438
~~and~~ of general circulation within ~~such~~the township~~, but if there~~	113439
~~is no such paper published in the county then in one having~~	113440
~~general circulation in the township~~. Such notice shall state that	113441
copies of the surveys, plans, profiles, cross sections, estimates,	113442
and specifications for such improvement are on file with the	113443
board, and the time within which bids will be received. The board	113444
may let the work as a whole or in convenient sections, as it	113445
determines. The contract shall be awarded to the lowest and best	113446
bidder who meets the requirements of section 153.54 of the Revised	113447
Code, and shall be let upon the basis of lump sum bids, unless the	113448
board orders that it be let upon the basis of unit price bids, in	113449
which event it shall be let upon such basis.	113450

Sec. 5591.15. All resolutions and notices provided for in	113451
sections 5591.03 to 5591.17 of the Revised Code, shall be	113452
published in a newspaper ~~published in and~~ of general circulation	113453
in the county where the improvement provided in such sections is	113454
to be made, and such publication shall be complete when published	113455
once a week, on the same day of the week, for two consecutive	113456
weeks or as provided in section 7.16 of the Revised Code.	113457

Sec. 5593.08. The bridge commission of any county or city	113458
may:	113459

(A) Adopt bylaws for the regulation of its affairs and the	113460
conduct of its business;	113461

(B) Adopt an official seal, which shall not be the seal of	113462
Ohio;	113463

(C) Maintain a principal office and suboffices at such places	113464
within the county or city as it designates;	113465

(D) Sue and be sued in its own name, and plead and be	113466
impleaded. Any actions against a bridge commission shall be	113467
brought in the court of common pleas of the county in which the	113468
principal office of the commission is located, or in the court of	113469
common pleas of the county in which the cause of action arose,	113470
when such county is located within this state. All summonses,	113471
exceptions, and notices of every kind shall be served on the	113472
commission by leaving a copy thereof at the principal office with	113473
the secretary-treasurer or the person in charge.	113474

(E) Construct, acquire by purchase or condemnation, improve,	113475
maintain, repair, police, and operate any bridge, and establish	113476
rules for the use of any such bridge;	113477

(F) Issue bridge revenue bonds of the county or city, payable	113478
solely from revenues, as provided in sections 5593.10 and 5593.16	113479
of the Revised Code, for the purpose of paying any part of the	113480
cost of any bridge or bridges;	113481

(G) Fix and revise from time to time and charge and collect	113482
tolls for transit over each bridge constructed or acquired by it;	113483

(H) Acquire, hold, and dispose of real and personal property	113484
in the exercise of its powers and the performance of its duties	113485
under this chapter;	113486

(I) Acquire, in the name of the county or city, as the case	113487
may be, by purchase or otherwise, on such terms and in such manner	113488
as it determines proper, or by the exercise of the right of	113489
condemnation in the manner provided by sections 163.01 to 163.22	113490
of the Revised Code, any bridge, land, rights, easements,	113491
franchises, and other property necessary or convenient for the	113492
construction of a bridge or the improvement or efficient operation	113493
of any property acquired or constructed under this chapter, or for	113494
securing right-of-way leading to any such bridge or its approach	113495
facilities;	113496

(J) Make and enter into all contracts and agreements	113497
necessary or incidental to the performance of its duties and the	113498
execution of its powers under this chapter:	113499

(1) When the cost under any such contract or agreement, other	113500
than compensation for personal services, involves an expenditure	113501
of more than ten thousand dollars, the commission shall make a	113502
written contract with the lowest and best bidder after	113503
advertisement for not less than two consecutive weeks, or as	113504
provided in section 7.16 of the Revised Code, in a newspaper of	113505
general circulation in Franklin county, and in such other	113506
publications as the commission determines, which notice shall	113507
state the general character of the work and the general character	113508
of the materials to be furnished, the place where plans and	113509
specifications therefor may be examined, and the time and place of	113510
receiving bids.	113511

(2) Each bid for a contract for the construction, demolition,	113512
alteration, repair, or reconstruction of an improvement shall	113513
contain the full name of every person interested in it and meets	113514
the requirements of section 153.54 of the Revised Code.	113515

(3) Each bid for a contract except as provided in division	113516
(J)(2) of this section shall contain the full name of every person	113517
or company interested in it and shall be accompanied by a bond or	113518
certified check on a solvent bank, in such amount as the	113519
commission determines sufficient, that if the bid is accepted a	113520
contract will be entered into and the performance of its proposal	113521
secured.	113522

(4) The commission may reject any and all bids.

113523

(5) A bond with good and sufficient surety, approved by the	113524
commission, shall be required of every contractor awarded a	113525
contract except as provided in division (J)(2) of this section, in	113526
an amount equal to at least fifty per cent of the contract price,	113527
conditioned upon the faithful performance of the contract.	113528

(K) Employ consulting engineers, superintendents, managers,	113529
engineers, construction and accounting experts, attorneys, and	113530
other employees and agents as are necessary in its judgment, and	113531
fix their compensation. All such expenses are payable solely from	113532
the proceeds of bridge revenue bonds issued under this chapter, or	113533
from revenues.	113534

(L) Receive and accept from any federal agency, subject to	113535
the approval of the board of county commissioners or the	113536
legislative authority of the city, as the case may be, grants for	113537
or in aid of the construction, acquisition, improvement, or	113538
operation of any bridge, and receive and accept aid or	113539
contributions from any source of money, property, labor, or other	113540
things of value, to be held, used, and applied only for the	113541
purposes for which such grants and contributions are made;	113542

(M) Provide coverage for its employees under sections 4123.01	113543
to 4123.94 and 4141.01 to 4141.46 of the Revised Code;	113544

(N) Do all acts necessary or proper to carry out the powers	113545
expressly granted in this chapter.	113546

Sec. 5701.13. (A) As used in this section:

113547

(1) "Nursing home" means a nursing home or a home for the	113548
aging, as those terms are defined in section 3721.01 of the	113549
Revised Code, that is issued a license pursuant to section 3721.02	113550
of the Revised Code.	113551

(2) "Residential care facility" means a residential care	113552
facility, as defined in section 3721.01 of the Revised Code, that	113553
is issued a license pursuant to section 3721.02 of the Revised	113554
Code.	113555

(3) "Adult care facility" means an adult care facility as	113556
defined in section ~~3722.01~~5119.70 of the Revised Code that is	113557
issued a license pursuant to section ~~3722.04~~5119.73 of the	113558
Revised Code.	113559

(B) As used in Title LVII of the Revised Code, and for the	113560
purpose of other sections of the Revised Code that refer	113561
specifically to Chapter 5701. or section 5701.13 of the Revised	113562
Code, a "home for the aged" means either of the following:	113563

(1) A place of residence for aged and infirm persons that	113564
satisfies divisions (B)(1)(a) to (e) of this section:	113565

(a) It is a nursing home, residential care facility, or adult	113566
care facility.	113567

(b) It is owned by a corporation, unincorporated association,	113568
or trust of a charitable, religious, or fraternal nature, which is	113569
organized and operated not for profit, which is not formed for the	113570
pecuniary gain or profit of, and whose net earnings or any part of	113571
whose net earnings is not distributable to, its members, trustees,	113572
officers, or other private persons, and which is exempt from	113573
federal income taxation under section 501 of the "Internal Revenue	113574
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1.	113575

(c) It is open to the public without regard to race, color,	113576
or national origin.	113577

(d) It does not pay, directly or indirectly, compensation for	113578
services rendered, interest on debts incurred, or purchase price	113579
for land, building, equipment, supplies, or other goods or	113580
chattels, which compensation, interest, or purchase price is	113581
unreasonably high.	113582

(e) It provides services for the life of each resident	113583
without regard to the resident's ability to continue payment for	113584
the full cost of the services.	113585

(2) A place of residence that satisfies divisions (B)(1)(b),	113586
(d), and (e) of this section; that satisfies the definition of	113587
"nursing home," or "residential care facility," ~~or "adult care~~	113588
~~facility"~~ under section 3721.01 of the Revised Code or ~~3722.01~~the	113589
definition of "adult care facility" under section 5119.70 of the	113590
Revised Code regardless of whether it is licensed as such a home	113591
or facility; and that is provided at no charge to individuals on	113592
account of their service without compensation to a charitable,	113593
religious, fraternal, or educational institution, which	113594
individuals are aged or infirm and are members of the corporation,	113595
association, or trust that owns the place of residence. For the	113596
purposes of division (B)(2) of this section, "compensation" does	113597
not include furnishing room and board, clothing, health care, or	113598
other necessities, or stipends or other de minimis payments to	113599
defray the cost thereof.	113600

Exemption from taxation shall be accorded, on proper	113601
application, only to those homes or parts of homes which meet the	113602
standards and provide the services specified in this section.	113603

Nothing in this section shall be construed as preventing a	113604
home from requiring a resident with financial need to apply for	113605
any applicable financial assistance or requiring a home to retain	113606
a resident who willfully refuses to pay for services for which the	113607
resident has contracted even though the resident has sufficient	113608
resources to do so.	113609

(C)(1) If a corporation, unincorporated association, or trust	113610
described in division (B)(1)(b) of this section is granted a	113611
certificate of need pursuant to section 3702.52 of the Revised	113612
Code to construct, add to, or otherwise modify a nursing home, or	113613
is given approval pursuant to section 3791.04 of the Revised Code	113614
to construct, add to, or otherwise modify a residential care	113615
facility or adult care facility and if the corporation,	113616
association, or trust submits an affidavit to the tax commissioner	113617
stating that, commencing on the date of licensure and continuing	113618
thereafter, the home or facility will be operated in accordance	113619
with the requirements of divisions (B)(1)(a) to (e) of this	113620
section, the corporation, association, or trust shall be	113621
considered to be operating a "home for the aged" within the	113622
meaning of division (B)(1) of this section, beginning on the first	113623
day of January of the year in which such certificate is granted or	113624
approval is given.	113625

(2) If a corporation, association, or trust is considered to	113626
be operating a "home for the aged" pursuant to division (C)(1) of	113627
this section, the corporation, association, or trust shall notify	113628
the tax commissioner in writing upon the occurrence of any of the	113629
following events:	113630

(a) The corporation, association, or trust no longer intends	113631
to complete the construction of, addition to, or modification of	113632
the home or facility, to obtain the appropriate license for the	113633
home or facility, or to commence operation of the home or facility	113634
in accordance with the requirements of divisions (B)(1)(a) to (e)	113635
of this section;	113636

(b) The certificate of approval referred to in division	113637
(C)(1) of this section expires, is revoked, or is otherwise	113638
terminated prior to the completion of the construction of,	113639
addition to, or modification of the home or facility;	113640

(c) The license to operate the home or facility is not	113641
granted by the director of health within one year following	113642
completion of the construction of, addition to, or modification of	113643
the home or facility;	113644

(d) The license to operate the home or facility is not	113645
granted by the director of health within four years following the	113646
date upon which the certificate or approval referred to in	113647
division (C)(1) of this section was granted or given;	113648

(e) The home or facility is granted a license to operate as a	113649
nursing home, residential care facility, or adult care facility.	113650

(3) Upon the occurrence of any of the events referred to in	113651
divisions (C)(2)(a), (b), (c), (d), and (e) of this section, the	113652
corporation, association, or trust shall no longer be considered	113653
to be operating a "home for the aged" pursuant to division (C)(1)	113654
of this section, except that the tax commissioner, for good cause	113655
shown and to the extent the commissioner considers appropriate,	113656
may extend the time period specified in division (C)(2)(c) or (d)	113657
of this section, or both. Nothing in division (C)(3) of this	113658
section shall be construed to prevent a nursing home, residential	113659
care facility, or adult care facility from qualifying as a "home	113660
for the aged" if, upon proper application made pursuant to	113661
division (B) of this section, it is found to meet the requirements	113662
of divisions (A) and (B) of this section.	113663

Sec. 5703.05. All powers, duties, and functions of the	113664
department of taxation are vested in and shall be performed by the	113665
tax commissioner, which powers, duties, and functions shall	113666
include, but shall not be limited to, the following:	113667

(A) Prescribing all blank forms which the department is	113668
authorized to prescribe, and to provide such forms and distribute	113669
the same as required by law and the rules of the department. ~~The~~	113670
~~tax commissioner shall include a mail-in registration form~~	113671
~~prescribed in section 3503.14 of the Revised Code within the~~	113672
~~return and instructions for the tax levied in odd-numbered years~~	113673
~~under section 5747.02 of the Revised Code, beginning with the tax~~	113674
~~levied for 1995. The secretary of state shall bear all costs for~~	113675
~~the inclusion of the mail-in registration form. That form shall be~~	113676
~~addressed for return to the office of the secretary of state.~~	113677

(B) Exercising the authority provided by law, including	113678
orders from bankruptcy courts, relative to remitting or refunding	113679
taxes or assessments, including penalties and interest thereon,	113680
illegally or erroneously assessed or collected, or for any other	113681
reason overpaid, and in addition, the commissioner may on written	113682
application of any person, firm, or corporation claiming to have	113683
overpaid to the treasurer of state at any time within five years	113684
prior to the making of such application any tax payable under any	113685
law which the department of taxation is required to administer	113686
which does not contain any provision for refund, or on the	113687
commissioner's own motion investigate the facts and make in	113688
triplicate a written statement of the commissioner's findings,	113689
and, if the commissioner finds that there has been an overpayment,	113690
issue in triplicate a certificate of abatement payable to the	113691
taxpayer, the taxpayer's assigns, or legal representative which	113692
shows the amount of the overpayment and the kind of tax overpaid.	113693
One copy of such statement shall be entered on the journal of the	113694
commissioner, one shall be certified to the attorney general, and	113695
one certified copy shall be delivered to the taxpayer. All copies	113696
of the certificate of abatement shall be transmitted to the	113697
attorney general, and if the attorney general finds it to be	113698
correct the attorney general shall so certify on each copy, and	113699
deliver one copy to the taxpayer, one copy to the commissioner,	113700
and the third copy to the treasurer of state. Except as provided	113701
in sections 5725.08 and 5725.16 of the Revised Code the taxpayer's	113702
copy of any certificates of abatement may be tendered by the payee	113703
or transferee thereof to the treasurer of state as payment, to the	113704
extent of the amount thereof, of any tax payable to the treasurer	113705
of state.	113706

(C) Exercising the authority provided by law relative to	113707
consenting to the compromise and settlement of tax claims;	113708

(D) Exercising the authority provided by law relative to the	113709
use of alternative tax bases by taxpayers in the making of	113710
personal property tax returns;	113711

(E) Exercising the authority provided by law relative to	113712
authorizing the prepayment of taxes on retail sales of tangible	113713
personal property or on the storage, use, or consumption of	113714
personal property, and waiving the collection of such taxes from	113715
the consumers;	113716

(F) Exercising the authority provided by law to revoke	113717
licenses;	113718

(G) Maintaining a continuous study of the practical operation	113719
of all taxation and revenue laws of the state, the manner in which	113720
and extent to which such laws provide revenues for the support of	113721
the state and its political subdivisions, the probable effect upon	113722
such revenue of possible changes in existing laws, and the	113723
possible enactment of measures providing for other forms of	113724
taxation. For this purpose the commissioner may establish and	113725
maintain a division of research and statistics, and may appoint	113726
necessary employees who shall be in the unclassified civil	113727
service; the results of such study shall be available to the	113728
members of the general assembly and the public.	113729

(H) Making all tax assessments, valuations, findings,	113730
determinations, computations, and orders the department of	113731
taxation is by law authorized and required to make and, pursuant	113732
to time limitations provided by law, on the commissioner's own	113733
motion, reviewing, redetermining, or correcting any tax	113734
assessments, valuations, findings, determinations, computations,	113735
or orders the commissioner has made, but the commissioner shall	113736
not review, redetermine, or correct any tax assessment, valuation,	113737
finding, determination, computation, or order which the	113738
commissioner has made as to which an appeal or application for	113739
rehearing, review, redetermination, or correction has been filed	113740
with the board of tax appeals, unless such appeal or application	113741
is withdrawn by the appellant or applicant or dismissed;	113742

(I) Appointing not more than five deputy tax commissioners,	113743
who, under such regulations as the rules of the department of	113744
taxation prescribe, may act for the commissioner in the	113745
performance of such duties as the commissioner prescribes in the	113746
administration of the laws which the commissioner is authorized	113747
and required to administer, and who shall serve in the	113748
unclassified civil service at the pleasure of the commissioner,	113749
but if a person who holds a position in the classified service is	113750
appointed, it shall not affect the civil service status of such	113751
person. The commissioner may designate not more than two of the	113752
deputy commissioners to act as commissioner in case of the	113753
absence, disability, or recusal of the commissioner or vacancy in	113754
the office of commissioner. The commissioner may adopt rules	113755
relating to the order of precedence of such designated deputy	113756
commissioners and to their assumption and administration of the	113757
office of commissioner.	113758

(J) Appointing and prescribing the duties of all other	113759
employees of the department of taxation necessary in the	113760
performance of the work of the department which the tax	113761
commissioner is by law authorized and required to perform, and	113762
creating such divisions or sections of employees as, in the	113763
commissioner's judgment, is proper;	113764

(K) Organizing the work of the department, which the	113765
commissioner is by law authorized and required to perform, so	113766
that, in the commissioner's judgment, an efficient and economical	113767
administration of the laws will result;	113768

(L) Maintaining a journal, which is open to public	113769
inspection, in which the tax commissioner shall keep a record of	113770
all final determinations of the commissioner;	113771

(M) Adopting and promulgating, in the manner provided by	113772
section 5703.14 of the Revised Code, all rules of the department,	113773
including rules for the administration of sections 3517.16,	113774
3517.17, and 5747.081 of the Revised Code;	113775

(N) Destroying any or all returns or assessment certificates	113776
in the manner authorized by law;	113777

(O) Adopting rules, in accordance with division (B) of	113778
section 325.31 of the Revised Code, governing the expenditure of	113779
moneys from the real estate assessment fund under that division.	113780

Sec. 5703.056. (A) As used in any section of the Revised	113781
Code that requires the tax commissioner to use certified mail or	113782
personal service or that requires or permits a payment to be made	113783
or a document to be submitted to the tax commissioner or the board	113784
of tax appeals by mail and as used in any section of Chapter	113785
3734., 3769., 4303., or 4305. or Title LVII of the Revised Code	113786
that requires or permits a payment to be made or a document to be	113787
submitted to the treasurer of state by mail:	113788

(1) "Certified mail," "express mail," "United States mail,"	113789
"United States postal service," and similar terms include any	113790
delivery service authorized pursuant to division (B) of this	113791
section.	113792

(2) "Postmark date," "date of postmark," and similar terms	113793
include the date recorded and marked in the manner described in	113794
division (B)(3) of this section.	113795

~~(b)~~(B) The tax commissioner may authorize the use of a	113796
delivery service for the delivery of any payment or document	113797
described in division (A) of this section if the commissioner	113798
finds that the delivery service:	113799

(1) Is available to the general public;

113800

(2) Is at least as timely and reliable on a regular basis as	113801
the United States postal service;	113802

(3) Records electronically to a database kept in the regular	113803
course of its business, and marks on the cover in which the	113804
payment or document is enclosed, the date on which the payment or	113805
document was given to the delivery service for delivery;	113806

(4) Records electronically to a database kept in the regular	113807
course of its business the date on which the payment or document	113808
was given by the delivery service to the person who signed the	113809
receipt of delivery and the name of the person who signed the	113810
receipt; and	113811

(5) Meets any other criteria that the tax commissioner may by	113812
rule prescribe.	113813

Sec. 5703.059. (A) The tax commissioner may adopt rules	113814
requiring returns, including any accompanying schedule or	113815
statement, for any of the following taxes to be filed	113816
electronically using the Ohio business gateway as defined in	113817
section 718.051 of the Revised Code, filed telephonically using	113818
the system known as the Ohio telefile system, or filed by any	113819
other electronic means prescribed by the commissioner:	113820

(1) Employer income tax withholding under Chapter 5747. of	113821
the Revised Code;	113822

(2) Motor fuel tax under Chapter 5735. of the Revised Code;

113823

(3) Cigarette and tobacco product tax under Chapter 5743. of	113824
the Revised Code;	113825

(4) Severance tax under Chapter 5749. of the Revised Code;

113826

(5) Use tax under Chapter 5741. of the Revised Code.

113827

(B) The tax commissioner may adopt rules requiring any	113828
payment of tax shown on such a return to be due to be made	113829
electronically in a manner approved by the commissioner.	113830

(C) A rule adopted under this section does not apply to	113831
returns or reports filed or payments made before six months after	113832
the effective date of the rule. The commissioner shall publicize	113833
any new electronic filing requirement on the department's web	113834
site. The commissioner shall educate the public of the requirement	113835
through seminars, workshops, conferences, or other outreach	113836
activities.	113837

(D) Any person required to file returns and make payments	113838
electronically under rules adopted under this section may apply to	113839
the commissioner, on a form prescribed by the commissioner, to be	113840
excused from that requirement. For good cause shown, the	113841
commissioner may excuse the applicant from the requirement and	113842
permit the applicant to file the returns or reports or make the	113843
payments required under this section by nonelectronic means.	113844

Sec. 5703.37. (A)(1) Except as provided in division (B) of	113845
this section, whenever service of a notice or order is required in	113846
the manner provided in this section, a copy of the notice or order	113847
shall be served upon the person affected thereby either by	113848
personal service or, by certified mail, or by a delivery service	113849
authorized under section 5703.056 of the Revised Code that	113850
notifies the tax commissioner of the date of delivery.	113851

(2) With the permission of the person affected by the notice	113852
or order, the commissioner may enter into a written agreement to	113853
deliver a notice or order by alternative means as provided in this	113854
section, including, but not limited to, delivery by secure	113855
electronic mail. Delivery by such means satisfies the requirements	113856
for delivery under this section.	113857

(B)(1)(a) If certified mail is returned because of an	113858
undeliverable address, the commissioner shall first utilize	113859
reasonable means to ascertain a new last known address, including	113860
the use of a change of address service offered by the United	113861
States postal service or an authorized delivery service under	113862
section 5703.056 of the Revised Code. If, after using reasonable	113863
means, the commissioner is unable to ascertain a new last known	113864
address, the assessment is final for purposes of section 131.02 of	113865
the Revised Code sixty days after the notice or order sent by	113866
certified mail is first returned to the commissioner, and the	113867
commissioner shall certify the notice or order, if applicable, to	113868
the attorney general for collection under section 131.02 of the	113869
Revised Code.	113870

(b) Notwithstanding certification to the attorney general	113871
under division (B)(1)(a) of this section, once the commissioner or	113872
attorney general, or the designee of either, makes an initial	113873
contact with the person to whom the notice or order is directed,	113874
the person may protest an assessment by filing a petition for	113875
reassessment within sixty days after the initial contact. The	113876
certification of an assessment under division (B)(1)(a) of this	113877
section is prima-facie evidence that delivery is complete and that	113878
the notice or order is served.	113879

(2) If mailing of a notice or order by certified mail is	113880
returned for some cause other than an undeliverable address, the	113881
tax commissioner shall resend the notice or order by ordinary	113882
mail. The notice or order shall show the date the commissioner	113883
sends the notice or order and include the following statement:	113884

"This notice or order is deemed to be served on the addressee	113885
under applicable law ten days from the date this notice or order	113886
was mailed by the commissioner as shown on the notice or order,	113887
and all periods within which an appeal may be filed apply from and	113888
after that date."	113889

Unless the mailing is returned because of an undeliverable	113890
address, the mailing of that information is prima-facie evidence	113891
that delivery of the notice or order was completed ten days after	113892
the commissioner sent the notice or order by ordinary mail and	113893
that the notice or order was served.	113894

If the ordinary mail is subsequently returned because of an	113895
undeliverable address, the commissioner shall proceed under	113896
division (B)(1)(a) of this section. A person may challenge the	113897
presumption of delivery and service under this division in	113898
accordance with division (C) of this section.	113899

(C)(1) A person disputing the presumption of delivery and	113900
service under division (B) of this section bears the burden of	113901
proving by a preponderance of the evidence that the address to	113902
which the notice or order was sent was not an address with which	113903
the person was associated at the time the commissioner originally	113904
mailed the notice or order by certified mail. For the purposes of	113905
this section, a person is associated with an address at the time	113906
the commissioner originally mailed the notice or order if, at that	113907
time, the person was residing, receiving legal documents, or	113908
conducting business at the address; or if, before that time, the	113909
person had conducted business at the address and, when the notice	113910
or order was mailed, the person's agent or the person's affiliate	113911
was conducting business at the address. For the purposes of this	113912
section, a person's affiliate is any other person that, at the	113913
time the notice or order was mailed, owned or controlled at least	113914
twenty per cent, as determined by voting rights, of the	113915
addressee's business.	113916

(2) If the person elects to protest an assessment certified	113917
to the attorney general for collection, the person must do so	113918
within sixty days after the attorney general's initial contact	113919
with the person. The attorney general may enter into a compromise	113920
with the person under sections 131.02 and 5703.06 of the Revised	113921
Code if the person does not file a petition for reassessment with	113922
the tax commissioner.	113923

(D) Nothing in this section prohibits the tax commissioner or	113924
the commissioner's designee from delivering a notice or order by	113925
personal service.	113926

(E) Collection actions taken pursuant to section 131.02 of	113927
the Revised Code upon any assessment being challenged under	113928
division (B)(1)(b) of this section shall be stayed upon the	113929
pendency of an appeal under this section. If a petition for	113930
reassessment is filed pursuant to this section on a claim that has	113931
been certified to the attorney general for collection, the claim	113932
shall be uncertified.	113933

(F) As used in this section:

113934

(1) "Last known address" means the address the department has	113935
at the time the document is originally sent by certified mail, or	113936
any address the department can ascertain using reasonable means	113937
such as the use of a change of address service offered by the	113938
United States postal service or an authorized delivery service	113939
under section 5703.056 of the Revised Code.	113940

(2) "Undeliverable address" means an address to which the	113941
United States postal service or an authorized delivery service	113942
under section 5703.056 of the Revised Code is not able to deliver	113943
a notice or order, except when the reason for nondelivery is	113944
because the addressee fails to acknowledge or accept the notice or	113945
order.	113946

Sec. 5703.57. (A) As used in this section, "Ohio business	113947
gateway" has the same meaning as in section 718.051 of the Revised	113948
Code.	113949

(B) There is hereby created the Ohio business gateway	113950
steering committee to direct the continuing development of the	113951
Ohio business gateway and to oversee its operations. The committee	113952
shall provide general oversight regarding operation of the Ohio	113953
business gateway and shall recommend to the department of	113954
administrative services enhancements that will improve the Ohio	113955
business gateway. The committee shall consider all banking,	113956
technological, administrative, and other issues associated with	113957
the Ohio business gateway and shall make recommendations regarding	113958
the type of reporting forms or other tax documents to be filed	113959
through the Ohio business gateway.	113960

113961

(1) The following members, appointed by the governor with the	113962
advice and consent of the senate:	113963

(a) Not more than ~~two~~four representatives of the business	113964
community;	113965

(b) Not more than ~~three representatives~~one representative of	113966
municipal tax administrators; and	113967

113968

(2) The following ex officio members:

113969

(a) The director or other highest officer of each state	113970
agency that has tax reporting forms or other tax documents filed	113971
with it through the Ohio business gateway or the director's	113972
designee;	113973

(b) The secretary of state or the secretary of state's	113974
designee;	113975

(c) The treasurer of state or the treasurer of state's	113976
designee;	113977

(d) The director of budget and management or the director's	113978
designee;	113979

(e) The state chief information officer or the officer's	113980
designee;	113981

(f) The tax commissioner or the tax commissioner's designee;	113982
and	113983

(g) The director of development or the director's designee.

113984

An appointed member shall serve until the member resigns or	113985
is removed by the governor. Vacancies shall be filled in the same	113986
manner as original appointments.	113987

(D) A vacancy on the committee does not impair the right of	113988
the other members to exercise all the functions of the committee.	113989
The presence of a majority of the members of the committee	113990
constitutes a quorum for the conduct of business of the committee.	113991
The concurrence of at least a majority of the members of the	113992
committee is necessary for any action to be taken by the	113993
committee. On request, each member of the committee shall be	113994
reimbursed for the actual and necessary expenses incurred in the	113995
discharge of the member's duties.	113996

(E) The committee is a part of the department of taxation for	113997
administrative purposes.	113998

(F) Each year, the governor shall select a member of the	113999
committee to serve as chairperson. The chairperson shall appoint	114000
an official or employee of the department of taxation to act as	114001
the committee's secretary. The secretary shall keep minutes of the	114002
committee's meetings and a journal of all meetings, proceedings,	114003
findings, and determinations of the committee.	114004

(G) The committee ~~shall~~may hire professional, technical, and	114005
clerical staff needed to support its activities.	114006

(H) The committee shall meet as often as necessary to perform	114007
its duties.	114008

Sec. 5703.58. (A) Subject to ~~division (C)~~divisions (B) and	114009
(D) of this section, the tax commissioner shall not make or issue	114010
an assessment for any tax payable to the state that is	114011
administered by the tax commissioner, or any penalty, interest, or	114012
additional charge on such tax, after the expiration of ten years,	114013
including any extension, from the date the tax return or report	114014
was due when such amount was not reported and paid, provided that	114015
the ten-year period shall be extended by the period of any lawful	114016
stay to such assessment. As used in this section, "assessment" has	114017
the same meaning as in section 5703.50 of the Revised Code.	114018

(B) Subject to division (D) of this section, the tax	114019
commissioner shall not make or issue an assessment against any	114020
person for any tax due under Chapter 5741. of the Revised Code, or	114021
any penalty, interest, or additional charge on such tax, after the	114022
expiration of seven years, including any extension, from the date	114023
the tax return or report was due if the amount of tax due was not	114024
reported and paid, provided that the seven-year period shall be	114025
extended by the period of any lawful stay to the assessment. The	114026
commissioner shall not make or issue an assessment against a	114027
consumer for any tax due under Chapter 5741. of the Revised Code,	114028
or for any penalty, interest, or additional charge on such tax, if	114029
the tax was due before January 1, 2008.	114030

114031

(1) Any amount collected for the state by a vendor or seller	114032
under Chapter 5739. or 5741. of the Revised Code or withheld by an	114033
employer under Chapter 5747. of the Revised Code.	114034

(2) Any person who fraudulently attempts to avoid such tax.

114035

~~(C)~~(D) This section does not authorize the assessment or	114036
collection of a tax for which the applicable period of limitation	114037
prescribed by law has expired and for which no valid assessment	114038
has been made and served as prescribed by law.	114039

Sec. 5705.01. As used in this chapter:

114040

(A) "Subdivision" means any county; municipal corporation;	114041
township; township police district; joint police district;	114042
township fire district; joint fire district; joint ambulance	114043
district; joint emergency medical services district; fire and	114044
ambulance district; joint recreation district; township waste	114045
disposal district; township road district; community college	114046
district; technical college district; detention facility district;	114047
a district organized under section 2151.65 of the Revised Code; a	114048
combined district organized under sections 2152.41 and 2151.65 of	114049
the Revised Code; a joint-county alcohol, drug addiction, and	114050
mental health service district; a drainage improvement district	114051
created under section 6131.52 of the Revised Code; a union	114052
cemetery district; a county school financing district; a city,	114053
local, exempted village, cooperative education, or joint	114054
vocational school district; or a regional student education	114055
district created under section 3313.83 of the Revised Code.	114056

(B) "Municipal corporation" means all municipal corporations,	114057
including those that have adopted a charter under Article XVIII,	114058
Ohio Constitution.	114059

(C) "Taxing authority" or "bond issuing authority" means, in	114060
the case of any county, the board of county commissioners; in the	114061
case of a municipal corporation, the council or other legislative	114062
authority of the municipal corporation; in the case of a city,	114063
local, exempted village, cooperative education, or joint	114064
vocational school district, the board of education; in the case of	114065
a community college district, the board of trustees of the	114066
district; in the case of a technical college district, the board	114067
of trustees of the district; in the case of a detention facility	114068
district, a district organized under section 2151.65 of the	114069
Revised Code, or a combined district organized under sections	114070
2152.41 and 2151.65 of the Revised Code, the joint board of county	114071
commissioners of the district; in the case of a township, the	114072
board of township trustees; in the case of a joint police	114073
district, the joint police district board; in the case of a joint	114074
fire district, the board of fire district trustees; in the case of	114075
a joint recreation district, the joint recreation district board	114076
of trustees; in the case of a joint-county alcohol, drug	114077
addiction, and mental health service district, the district's	114078
board of alcohol, drug addiction, and mental health services; in	114079
the case of a joint ambulance district or a fire and ambulance	114080
district, the board of trustees of the district; in the case of a	114081
union cemetery district, the legislative authority of the	114082
municipal corporation and the board of township trustees, acting	114083
jointly as described in section 759.341 of the Revised Code; in	114084
the case of a drainage improvement district, the board of county	114085
commissioners of the county in which the drainage district is	114086
located; in the case of a joint emergency medical services	114087
district, the joint board of county commissioners of all counties	114088
in which all or any part of the district lies; and in the case of	114089
a township police district, a township fire district, a township	114090
road district, or a township waste disposal district, the board of	114091
township trustees of the township in which the district is	114092
located. "Taxing authority" also means the educational service	114093
center governing board that serves as the taxing authority of a	114094
county school financing district as provided in section 3311.50 of	114095
the Revised Code, and the board of directors of a regional student	114096
education district created under section 3313.83 of the Revised	114097
Code.	114098

(D) "Fiscal officer" in the case of a county, means the	114099
county auditor; in the case of a municipal corporation, the city	114100
auditor or village clerk, or an officer who, by virtue of the	114101
charter, has the duties and functions of the city auditor or	114102
village clerk, except that in the case of a municipal university	114103
the board of directors of which have assumed, in the manner	114104
provided by law, the custody and control of the funds of the	114105
university, the chief accounting officer of the university shall	114106
perform, with respect to the funds, the duties vested in the	114107
fiscal officer of the subdivision by sections 5705.41 and 5705.44	114108
of the Revised Code; in the case of a school district, the	114109
treasurer of the board of education; in the case of a county	114110
school financing district, the treasurer of the educational	114111
service center governing board that serves as the taxing	114112
authority; in the case of a township, the township fiscal officer;	114113
in the case of a joint police district, the treasurer of the	114114
district; in the case of a joint fire district, the clerk of the	114115
board of fire district trustees; in the case of a joint ambulance	114116
district, the clerk of the board of trustees of the district; in	114117
the case of a joint emergency medical services district, the	114118
person appointed as fiscal officer pursuant to division (D) of	114119
section 307.053 of the Revised Code; in the case of a fire and	114120
ambulance district, the person appointed as fiscal officer	114121
pursuant to division (B) of section 505.375 of the Revised Code;	114122
in the case of a joint recreation district, the person designated	114123
pursuant to section 755.15 of the Revised Code; in the case of a	114124
union cemetery district, the clerk of the municipal corporation	114125
designated in section 759.34 of the Revised Code; in the case of a	114126
children's home district, educational service center, general	114127
health district, joint-county alcohol, drug addiction, and mental	114128
health service district, county library district, detention	114129
facility district, district organized under section 2151.65 of the	114130
Revised Code, a combined district organized under sections 2152.41	114131
and 2151.65 of the Revised Code, or a metropolitan park district	114132
for which no treasurer has been appointed pursuant to section	114133
1545.07 of the Revised Code, the county auditor of the county	114134
designated by law to act as the auditor of the district; in the	114135
case of a metropolitan park district which has appointed a	114136
treasurer pursuant to section 1545.07 of the Revised Code, that	114137
treasurer; in the case of a drainage improvement district, the	114138
auditor of the county in which the drainage improvement district	114139
is located; in the case of a regional student education district,	114140
the fiscal officer appointed pursuant to section 3313.83 of the	114141
Revised Code; and in all other cases, the officer responsible for	114142
keeping the appropriation accounts and drawing warrants for the	114143
expenditure of the moneys of the district or taxing unit.	114144

(E) "Permanent improvement" or "improvement" means any	114145
property, asset, or improvement with an estimated life or	114146
usefulness of five years or more, including land and interests	114147
therein, and reconstructions, enlargements, and extensions thereof	114148
having an estimated life or usefulness of five years or more.	114149

(F) "Current operating expenses" and "current expenses" mean	114150
the lawful expenditures of a subdivision, except those for	114151
permanent improvements, and except payments for interest, sinking	114152
fund, and retirement of bonds, notes, and certificates of	114153
indebtedness of the subdivision.	114154

(G) "Debt charges" means interest, sinking fund, and	114155
retirement charges on bonds, notes, or certificates of	114156
indebtedness.	114157

(H) "Taxing unit" means any subdivision or other governmental	114158
district having authority to levy taxes on the property in the	114159
district or issue bonds that constitute a charge against the	114160
property of the district, including conservancy districts,	114161
metropolitan park districts, sanitary districts, road districts,	114162
and other districts.	114163

(I) "District authority" means any board of directors,	114164
trustees, commissioners, or other officers controlling a district	114165
institution or activity that derives its income or funds from two	114166
or more subdivisions, such as the educational service center, the	114167
trustees of district children's homes, the district board of	114168
health, a joint-county alcohol, drug addiction, and mental health	114169
service district's board of alcohol, drug addiction, and mental	114170
health services, detention facility districts, a joint recreation	114171
district board of trustees, districts organized under section	114172
2151.65 of the Revised Code, combined districts organized under	114173
sections 2152.41 and 2151.65 of the Revised Code, and other such	114174
boards.	114175

(J) "Tax list" and "tax duplicate" mean the general tax lists	114176
and duplicates prescribed by sections 319.28 and 319.29 of the	114177
Revised Code.	114178

(K) "Property" as applied to a tax levy means taxable	114179
property listed on general tax lists and duplicates.	114180

(L) "School library district" means a school district in	114181
which a free public library has been established that is under the	114182
control and management of a board of library trustees as provided	114183
in section 3375.15 of the Revised Code.	114184

Sec. 5705.14. No transfer shall be made from one fund of a	114185
subdivision to any other fund, by order of the court or otherwise,	114186
except as follows:	114187

(A) The unexpended balance in a bond fund that is no longer	114188
needed for the purpose for which such fund was created shall be	114189
transferred to the sinking fund or bond retirement fund from which	114190
such bonds are payable.	114191

(B) The unexpended balance in any specific permanent	114192
improvement fund, other than a bond fund, after the payment of all	114193
obligations incurred in the acquisition of such improvement, shall	114194
be transferred to the sinking fund or bond retirement fund of the	114195
subdivision; provided that if such money is not required to meet	114196
the obligations payable from such funds, it may be transferred to	114197
a special fund for the acquisition of permanent improvements, or,	114198
with the approval of the court of common pleas of the county in	114199
which such subdivision is located, to the general fund of the	114200
subdivision.	114201

(C) ~~The~~(1) Except as provided in division (C)(2) of this	114202
section, the unexpended balance in the sinking fund or bond	114203
retirement fund of a subdivision, after all indebtedness,	114204
interest, and other obligations for the payment of which such fund	114205
exists have been paid and retired, shall be transferred, in the	114206
case of the sinking fund, to the bond retirement fund, and in the	114207
case of the bond retirement fund, to the sinking fund; provided	114208
that if such transfer is impossible by reason of the nonexistence	114209
of the fund to receive the transfer, such unexpended balance, with	114210
the approval of the court of common pleas of the county in which	114211
such division is located, may be transferred to any other fund of	114212
the subdivision.	114213

(2) Money in a bond fund or bond retirement fund of a city,	114214
local, exempted village, cooperative education, or joint	114215
vocational school district may be transferred to a specific	114216
permanent improvement fund provided that the county budget	114217
commission of the county in which the school district is located	114218
approves the transfer upon its determination that the money	114219
transferred will not be required to meet the obligations payable	114220
from the bond fund or bond retirement fund. In arriving at such a	114221
determination, the county budget commission shall consider the	114222
balance of the bond fund or bond retirement fund, the outstanding	114223
obligations payable from the fund, and the sources and timing of	114224
the fund's revenue.	114225

(D) The unexpended balance in any special fund, other than an	114226
improvement fund, existing in accordance with division (D), (F),	114227
or (G) of section 5705.09 or section 5705.12 of the Revised Code,	114228
may be transferred to the general fund or to the sinking fund or	114229
bond retirement fund after the termination of the activity,	114230
service, or other undertaking for which such special fund existed,	114231
but only after the payment of all obligations incurred and payable	114232
from such special fund.	114233

(E) Money may be transferred from the general fund to any	114234
other fund of the subdivision.	114235

(F) Moneys retained or received by a county under section	114236
4501.04 or division (A)(3) of section 5735.27 of the Revised Code	114237
may be transferred from the fund into which they were deposited to	114238
the sinking fund or bond retirement fund from which any principal,	114239
interest, or charges for which such moneys may be used is payable.	114240

(G) Moneys retained or received by a municipal corporation	114241
under section 4501.04 or division (A)(1) or (2) of section 5735.27	114242
of the Revised Code may be transferred from the fund into which	114243
they were deposited to the sinking fund or bond retirement fund	114244
from which any principal, interest, or charges for which such	114245
moneys may be used is payable.	114246

(H)(1) Money may be transferred from the county developmental	114247
disabilities general fund to the county developmental disabilities	114248
capital fund established under section 5705.091 of the Revised	114249
Code or to any other fund created for the purposes of the county	114250
board of developmental disabilities, so long as money in the fund	114251
to which the money is transferred can be spent for the particular	114252
purpose of the transferred money. The county board of	114253
developmental disabilities may request, by resolution, that the	114254
board of county commissioners make the transfer. The county board	114255
of developmental disabilities shall transmit a certified copy of	114256
the resolution to the board of county commissioners. Upon	114257
receiving the resolution, the board of county commissioners may	114258
make the transfer. Money transferred to a fund shall be credited	114259
to an account appropriate to its particular purpose.	114260

(2) An unexpended balance in an account in the county	114261
developmental disabilities capital fund or any other fund created	114262
for the purposes of the county board of developmental disabilities	114263
may be transferred back to the county developmental disabilities	114264
general fund. The transfer may be made if the unexpended balance	114265
is no longer needed for its particular purpose and all outstanding	114266
obligations have been paid. Money transferred back to the county	114267
developmental disabilities general fund shall be credited to an	114268
account for current expenses within that fund. The county board of	114269
developmental disabilities may request, by resolution, that the	114270
board of county commissioners make the transfer. The county board	114271
of developmental disabilities shall transmit a certified copy of	114272
the resolution to the board of county commissioners. Upon	114273
receiving the resolution, the board of county commissioners may	114274
make the transfer.	114275

(I) Money may be transferred from the public assistance fund	114276
established under section 5101.161 of the Revised Code to either	114277
of the following funds, so long as the money to be transferred	114278
from the public assistance fund may be spent for the purposes for	114279
which money in the receiving fund may be used:	114280

(1) The children services fund established under section	114281
5101.144 of the Revised Code;	114282

(2) The child support enforcement administrative fund	114283
established, as authorized under rules adopted by the director of	114284
job and family services, in the county treasury for use by any	114285
county family services agency.	114286

Except in the case of transfer pursuant to division (E) of	114287
this section, transfers authorized by this section shall only be	114288
made by resolution of the taxing authority passed with the	114289
affirmative vote of two-thirds of the members.	114290

Sec. 5705.16. A resolution of the taxing authority of any	114291
political subdivision shall be passed by a majority of all the	114292
members thereof, declaring the necessity for the transfer of funds	114293
authorized by section 5705.15 of the Revised Code, and such taxing	114294
authority shall prepare a petition addressed to the court of	114295
common pleas of the county in which the funds are held. The	114296
petition shall set forth the name and amount of the fund, the fund	114297
to which it is desired to be transferred, a copy of such	114298
resolution with a full statement of the proceedings pertaining to	114299
its passage, and the reason or necessity for the transfer. A	114300
duplicate copy of said petition shall be forwarded to the tax	114301
commissioner for ~~his~~the commissioner's examination and approval.	114302

If the petition is disapproved by the commissioner, it shall	114303
be returned within ten days of its receipt to the officers who	114304
submitted it, with a memorandum of the commissioner's objections.	114305
This disapproval shall not prejudice a later application for	114306
approval. If the petition is approved by the commissioner, it	114307
shall be forwarded within ten days of its receipt to the clerk of	114308
the court of common pleas of the county to whose court of common	114309
pleas the petition is addressed, marked with the approval of the	114310
commissioner. If the commissioner approves the petition, hethe	114311
commissioner shall notify immediately the officers who submitted	114312
the petition, who then may file the petition in the court to which	114313
it is addressed.	114314

The petitioner shall give notice of the filing, object, and	114315
prayer of the petition, and of the time when it will be heard. The	114316
notice shall be given by one publication in ~~two newspapers having~~	114317
a newspaper of general circulation in the territory to be affected	114318
by such transfer of funds~~, preference being given to newspapers~~	114319
~~published within the territory~~. If there ~~are~~is no such ~~newspapers~~	114320
newspaper, the notice shall be posted in ten conspicuous places	114321
within the territory for ~~the~~a period of four weeks.	114322

The petition may be heard at the time stated in the notice,	114323
or as soon thereafter as convenient for the court. Any person who	114324
objects to the prayer of such petition shall file ~~his~~the person's	114325
objections in such cause on or before the time fixed in the notice	114326
for hearing, and hethat person shall be entitled to be heard.	114327

If, upon hearing, the court finds that the notice has been	114328
given as required by this section, that the petition states	114329
sufficient facts, that there are good reasons, or that a necessity	114330
exists, for the transfer, and that no injury will result	114331
therefrom, it shall grant the prayer of the petition and order the	114332
petitioners to make such transfer.	114333

A copy of the findings, orders, and judgments of the court	114334
shall be certified by the clerk and entered on the records of the	114335
petitioning officers or board, and thereupon the petitioners may	114336
make the transfer of funds as directed by the court. All costs of	114337
such proceedings shall be paid by the petitioners, except that if	114338
objections are filed the court may order such objectors to pay all	114339
or a portion of the costs.	114340

Sec. 5705.19. This section does not apply to school	114341
districts or county school financing districts.	114342

The taxing authority of any subdivision at any time and in	114343
any year, by vote of two-thirds of all the members of the taxing	114344
authority, may declare by resolution and certify the resolution to	114345
the board of elections not less than ninety days before the	114346
election upon which it will be voted that the amount of taxes that	114347
may be raised within the ten-mill limitation will be insufficient	114348
to provide for the necessary requirements of the subdivision and	114349
that it is necessary to levy a tax in excess of that limitation	114350
for any of the following purposes:	114351

(A) For current expenses of the subdivision, except that the	114352
total levy for current expenses of a detention facility district	114353
or district organized under section 2151.65 of the Revised Code	114354
shall not exceed two mills and that the total levy for current	114355
expenses of a combined district organized under sections 2151.65	114356
and 2152.41 of the Revised Code shall not exceed four mills;	114357

(B) For the payment of debt charges on certain described	114358
bonds, notes, or certificates of indebtedness of the subdivision	114359
issued subsequent to January 1, 1925;	114360

(C) For the debt charges on all bonds, notes, and	114361
certificates of indebtedness issued and authorized to be issued	114362
prior to January 1, 1925;	114363

(D) For a public library of, or supported by, the subdivision	114364
under whatever law organized or authorized to be supported;	114365

(E) For a municipal university, not to exceed two mills over	114366
the limitation of one mill prescribed in section 3349.13 of the	114367
Revised Code;	114368

(F) For the construction or acquisition of any specific	114369
permanent improvement or class of improvements that the taxing	114370
authority of the subdivision may include in a single bond issue;	114371

(G) For the general construction, reconstruction,	114372
resurfacing, and repair of streets, roads, and bridges in	114373
municipal corporations, counties, or townships;	114374

(H) For parks and recreational purposes;

114375

(I) For the purpose of providing and maintaining fire	114376
apparatus, appliances, buildings, or sites therefor, or sources of	114377
water supply and materials therefor, or the establishment and	114378
maintenance of lines of fire alarm telegraph, or the payment of	114379
firefighting companies or permanent, part-time, or volunteer	114380
~~firefighters or~~ firefighting ~~companies~~, emergency medical	114381
service, administrative, or communications personnel to operate	114382
the same, including the payment of ~~the firefighter employers'~~	114383
~~contribution~~any employer contributions required for such	114384
personnel under section 145.48 or 742.34 of the Revised Code, or	114385
the purchase of ambulance equipment, or the provision of	114386
ambulance, paramedic, or other emergency medical services operated	114387
by a fire department or firefighting company;	114388

(J) For the purpose of providing and maintaining motor	114389
vehicles, communications, other equipment, buildings, and sites	114390
for such buildings used directly in the operation of a police	114391
department, or the payment of salaries of permanent or part-time	114392
police, communications, or administrative personnel to operate the	114393
same, including the payment of ~~the police officer employers'~~	114394
~~contribution~~any employer contributions required for such	114395
personnel under section 145.48 or 742.33 of the Revised Code, or	114396
the payment of the costs incurred by townships as a result of	114397
contracts made with other political subdivisions in order to	114398
obtain police protection, or the provision of ambulance or	114399
emergency medical services operated by a police department;	114400

(K) For the maintenance and operation of a county home or	114401
detention facility;	114402

(L) For community mental retardation and developmental	114403
disabilities programs and services pursuant to Chapter 5126. of	114404
the Revised Code, except that the procedure for such levies shall	114405
be as provided in section 5705.222 of the Revised Code;	114406

(M) For regional planning;

114407

(N) For a county's share of the cost of maintaining and	114408
operating schools, district detention facilities, forestry camps,	114409
or other facilities, or any combination thereof, established under	114410
section 2151.65 or 2152.41 of the Revised Code or both of those	114411
sections;	114412

(O) For providing for flood defense, providing and	114413
maintaining a flood wall or pumps, and other purposes to prevent	114414
floods;	114415

(P) For maintaining and operating sewage disposal plants and	114416
facilities;	114417

(Q) For the purpose of purchasing, acquiring, constructing,	114418
enlarging, improving, equipping, repairing, maintaining, or	114419
operating, or any combination of the foregoing, a county transit	114420
system pursuant to sections 306.01 to 306.13 of the Revised Code,	114421
or of making any payment to a board of county commissioners	114422
operating a transit system or a county transit board pursuant to	114423
section 306.06 of the Revised Code;	114424

(R) For the subdivision's share of the cost of acquiring or	114425
constructing any schools, forestry camps, detention facilities, or	114426
other facilities, or any combination thereof, under section	114427
2151.65 or 2152.41 of the Revised Code or both of those sections;	114428

(S) For the prevention, control, and abatement of air	114429
pollution;	114430

(T) For maintaining and operating cemeteries;

114431

(U) For providing ambulance service, emergency medical	114432
service, or both;	114433

(V) For providing for the collection and disposal of garbage	114434
or refuse, including yard waste;	114435

(W) For the payment of the police officer employers'	114436
contribution or the firefighter employers' contribution required	114437
under sections 742.33 and 742.34 of the Revised Code;	114438

(X) For the construction and maintenance of a drainage	114439
improvement pursuant to section 6131.52 of the Revised Code;	114440

(Y) For providing or maintaining senior citizens services or	114441
facilities as authorized by section 307.694, 307.85, 505.70, or	114442
505.706 or division (EE) of section 717.01 of the Revised Code;	114443

(Z) For the provision and maintenance of zoological park	114444
services and facilities as authorized under section 307.76 of the	114445
Revised Code;	114446

(AA) For the maintenance and operation of a free public	114447
museum of art, science, or history;	114448

(BB) For the establishment and operation of a 9-1-1 system,	114449
as defined in section 4931.40 of the Revised Code;	114450

(CC) For the purpose of acquiring, rehabilitating, or	114451
developing rail property or rail service. As used in this	114452
division, "rail property" and "rail service" have the same	114453
meanings as in section 4981.01 of the Revised Code. This division	114454
applies only to a county, township, or municipal corporation.	114455

(DD) For the purpose of acquiring property for, constructing,	114456
operating, and maintaining community centers as provided for in	114457
section 755.16 of the Revised Code;	114458

(EE) For the creation and operation of an office or joint	114459
office of economic development, for any economic development	114460
purpose of the office, and to otherwise provide for the	114461
establishment and operation of a program of economic development	114462
pursuant to sections 307.07 and 307.64 of the Revised Code, or to	114463
the extent that the expenses of a county land reutilization	114464
corporation organized under Chapter 1724. of the Revised Code are	114465
found by the board of county commissioners to constitute the	114466
promotion of economic development, for the payment of such	114467
operations and expenses;	114468

(FF) For the purpose of acquiring, establishing,	114469
constructing, improving, equipping, maintaining, or operating, or	114470
any combination of the foregoing, a township airport, landing	114471
field, or other air navigation facility pursuant to section 505.15	114472
of the Revised Code;	114473

(GG) For the payment of costs incurred by a township as a	114474
result of a contract made with a county pursuant to section	114475
505.263 of the Revised Code in order to pay all or any part of the	114476
cost of constructing, maintaining, repairing, or operating a water	114477
supply improvement;	114478

(HH) For a board of township trustees to acquire, other than	114479
by appropriation, an ownership interest in land, water, or	114480
wetlands, or to restore or maintain land, water, or wetlands in	114481
which the board has an ownership interest, not for purposes of	114482
recreation, but for the purposes of protecting and preserving the	114483
natural, scenic, open, or wooded condition of the land, water, or	114484
wetlands against modification or encroachment resulting from	114485
occupation, development, or other use, which may be styled as	114486
protecting or preserving "greenspace" in the resolution, notice of	114487
election, or ballot form. Except as otherwise provided in this	114488
division, land is not acquired for purposes of recreation, even if	114489
the land is used for recreational purposes, so long as no	114490
building, structure, or fixture used for recreational purposes is	114491
permanently attached or affixed to the land. Except as otherwise	114492
provided in this division, land that previously has been acquired	114493
in a township for these greenspace purposes may subsequently be	114494
used for recreational purposes if the board of township trustees	114495
adopts a resolution approving that use and no building, structure,	114496
or fixture used for recreational purposes is permanently attached	114497
or affixed to the land. The authorization to use greenspace land	114498
for recreational use does not apply to land located in a township	114499
that had a population, at the time it passed its first greenspace	114500
levy, of more than thirty-eight thousand within a county that had	114501
a population, at that time, of at least eight hundred sixty	114502
thousand.	114503

(II) For the support by a county of a crime victim assistance	114504
program that is provided and maintained by a county agency or a	114505
private, nonprofit corporation or association under section 307.62	114506
of the Revised Code;	114507

(JJ) For any or all of the purposes set forth in divisions	114508
(I) and (J) of this section. This division applies only to a	114509
township.	114510

(KK) For a countywide public safety communications system	114511
under section 307.63 of the Revised Code. This division applies	114512
only to counties.	114513

(LL) For the support by a county of criminal justice services	114514
under section 307.45 of the Revised Code;	114515

(MM) For the purpose of maintaining and operating a jail or	114516
other detention facility as defined in section 2921.01 of the	114517
Revised Code;	114518

(NN) For purchasing, maintaining, or improving, or any	114519
combination of the foregoing, real estate on which to hold	114520
agricultural fairs. This division applies only to a county.	114521

(OO) For constructing, rehabilitating, repairing, or	114522
maintaining sidewalks, walkways, trails, bicycle pathways, or	114523
similar improvements, or acquiring ownership interests in land	114524
necessary for the foregoing improvements;	114525

(PP) For both of the purposes set forth in divisions (G) and	114526
(OO) of this section.	114527

(QQ) For both of the purposes set forth in divisions (H) and	114528
(HH) of this section. This division applies only to a township.	114529

(RR) For the legislative authority of a municipal	114530
corporation, board of county commissioners of a county, or board	114531
of township trustees of a township to acquire agricultural	114532
easements, as defined in section 5301.67 of the Revised Code, and	114533
to supervise and enforce the easements.	114534

(SS) For both of the purposes set forth in divisions (BB) and	114535
(KK) of this section. This division applies only to a county.	114536

(TT) For the maintenance and operation of a facility that is	114537
organized in whole or in part to promote the sciences and natural	114538
history under section 307.761 of the Revised Code.	114539

(UU) For the creation and operation of a county land	114540
reutilization corporation and for any programs or activities of	114541
the corporation found by the board of directors of the corporation	114542
to be consistent with the purposes for which the corporation is	114543
organized;	114544

(VV) For construction and maintenance of improvements and	114545
expenses of soil and water conservation district programs under	114546
Chapter 1515. of the Revised Code;	114547

(WW) For the Ohio cooperative extension service fund created	114548
under section 3335.35 of the Revised Code for the purposes	114549
prescribed under section 3335.36 of the Revised Code for the	114550
benefit of the citizens of a county. This division applies only to	114551
a county.	114552

The resolution shall be confined to the purpose or purposes	114553
described in one division of this section, to which the revenue	114554
derived therefrom shall be applied. The existence in any other	114555
division of this section of authority to levy a tax for any part	114556
or all of the same purpose or purposes does not preclude the use	114557
of such revenues for any part of the purpose or purposes of the	114558
division under which the resolution is adopted.	114559

The resolution shall specify the amount of the increase in	114560
rate that it is necessary to levy, the purpose of that increase in	114561
rate, and the number of years during which the increase in rate	114562
shall be in effect, which may or may not include a levy upon the	114563
duplicate of the current year. The number of years may be any	114564
number not exceeding five, except as follows:	114565

(1) When the additional rate is for the payment of debt	114566
charges, the increased rate shall be for the life of the	114567
indebtedness.	114568

(2) When the additional rate is for any of the following, the	114569
increased rate shall be for a continuing period of time:	114570

(a) For the current expenses for a detention facility	114571
district, a district organized under section 2151.65 of the	114572
Revised Code, or a combined district organized under sections	114573
2151.65 and 2152.41 of the Revised Code;	114574

(b) For providing a county's share of the cost of maintaining	114575
and operating schools, district detention facilities, forestry	114576
camps, or other facilities, or any combination thereof,	114577
established under section 2151.65 or 2152.41 of the Revised Code	114578
or under both of those sections.	114579

(3) When the additional rate is for either of the following,	114580
the increased rate may be for a continuing period of time:	114581

(a) For the purposes set forth in division (I), (J), (U), or	114582
(KK) of this section;	114583

(b) For the maintenance and operation of a joint recreation	114584
district.	114585

(4) When the increase is for the purpose or purposes set	114586
forth in division (D), (G), (H), (CC), or (PP) of this section,	114587
the tax levy may be for any specified number of years or for a	114588
continuing period of time, as set forth in the resolution.	114589

(5) When the additional rate is for the purpose described in	114590
division (Z) of this section, the increased rate shall be for any	114591
number of years not exceeding ten.	114592

A levy for one of the purposes set forth in division (G),	114593
(I), (J), or (U) of this section may be reduced pursuant to	114594
section 5705.261 or 5705.31 of the Revised Code. A levy for one of	114595
the purposes set forth in division (G), (I), (J), or (U) of this	114596
section may also be terminated or permanently reduced by the	114597
taxing authority if it adopts a resolution stating that the	114598
continuance of the levy is unnecessary and the levy shall be	114599
terminated or that the millage is excessive and the levy shall be	114600
decreased by a designated amount.	114601

A resolution of a detention facility district, a district	114602
organized under section 2151.65 of the Revised Code, or a combined	114603
district organized under both sections 2151.65 and 2152.41 of the	114604
Revised Code may include both current expenses and other purposes,	114605
provided that the resolution shall apportion the annual rate of	114606
levy between the current expenses and the other purpose or	114607
purposes. The apportionment need not be the same for each year of	114608
the levy, but the respective portions of the rate actually levied	114609
each year for the current expenses and the other purpose or	114610
purposes shall be limited by the apportionment.	114611

Whenever a board of county commissioners, acting either as	114612
the taxing authority of its county or as the taxing authority of a	114613
sewer district or subdistrict created under Chapter 6117. of the	114614
Revised Code, by resolution declares it necessary to levy a tax in	114615
excess of the ten-mill limitation for the purpose of constructing,	114616
improving, or extending sewage disposal plants or sewage systems,	114617
the tax may be in effect for any number of years not exceeding	114618
twenty, and the proceeds of the tax, notwithstanding the general	114619
provisions of this section, may be used to pay debt charges on any	114620
obligations issued and outstanding on behalf of the subdivision	114621
for the purposes enumerated in this paragraph, provided that any	114622
such obligations have been specifically described in the	114623
resolution.	114624

The resolution shall go into immediate effect upon its	114625
passage, and no publication of the resolution is necessary other	114626
than that provided for in the notice of election.	114627

When the electors of a subdivision have approved a tax levy	114628
under this section, the taxing authority of the subdivision may	114629
anticipate a fraction of the proceeds of the levy and issue	114630
anticipation notes in accordance with section 5705.191 or 5705.193	114631
of the Revised Code.	114632

Sec. 5705.191. The taxing authority of any subdivision,	114633
other than the board of education of a school district or the	114634
taxing authority of a county school financing district, by a vote	114635
of two-thirds of all its members, may declare by resolution that	114636
the amount of taxes that may be raised within the ten-mill	114637
limitation by levies on the current tax duplicate will be	114638
insufficient to provide an adequate amount for the necessary	114639
requirements of the subdivision, and that it is necessary to levy	114640
a tax in excess of such limitation for any of the purposes in	114641
section 5705.19 of the Revised Code, or to supplement the general	114642
fund for the purpose of making appropriations for one or more of	114643
the following purposes: public assistance, human or social	114644
services, relief, welfare, hospitalization, health, and support of	114645
general hospitals, and that the question of such additional tax	114646
levy shall be submitted to the electors of the subdivision at a	114647
general, primary, or special election to be held at a time therein	114648
specified. Such resolution shall not include a levy on the current	114649
tax list and duplicate unless such election is to be held at or	114650
prior to the general election day of the current tax year. Such	114651
resolution shall conform to the requirements of section 5705.19 of	114652
the Revised Code, except that a levy to supplement the general	114653
fund for the purposes of public assistance, human or social	114654
services, relief, welfare, hospitalization, health, or the support	114655
of general or tuberculosis hospitals may not be for a longer	114656
period than ten years. All other levies under this section may not	114657
be for a longer period than five years unless a longer period is	114658
permitted by section 5705.19 of the Revised Code, and the	114659
resolution shall specify the date of holding such election, which	114660
shall not be earlier than ninety days after the adoption and	114661
certification of such resolution. The resolution shall go into	114662
immediate effect upon its passage and no publication of the same	114663
is necessary other than that provided for in the notice of	114664
election. A copy of such resolution, immediately after its	114665
passage, shall be certified to the board of elections of the	114666
proper county or counties in the manner provided by section	114667
5705.25 of the Revised Code, and such section shall govern the	114668
arrangements for the submission of such question and other matters	114669
with respect to such election, to which section 5705.25 of the	114670
Revised Code refers, excepting that such election shall be held on	114671
the date specified in the resolution, which shall be consistent	114672
with the requirements of section 3501.01 of the Revised Code,	114673
provided that only one special election for the submission of such	114674
question may be held in any one calendar year and provided that a	114675
special election may be held upon the same day a primary election	114676
is held. Publication of notice of that election shall be made in	114677
~~one or more newspapers~~a newspaper of general circulation in the	114678
county once a week for two consecutive weeks, or as provided in	114679
section 7.16 of the Revised Code, prior to the election~~, and, if~~.	114680
If the board of elections operates and maintains a web site, the	114681
board of elections shall post notice of the election on its web	114682
site for thirty days prior to the election.	114683

If a majority of the electors voting on the question vote in	114684
favor thereof, the taxing authority of the subdivision may make	114685
the necessary levy within such subdivision at the additional rate	114686
or at any lesser rate outside the ten-mill limitation on the tax	114687
list and duplicate for the purpose stated in the resolution. Such	114688
tax levy shall be included in the next annual tax budget that is	114689
certified to the county budget commission.	114690

After the approval of such a levy by the electors, the taxing	114691
authority of the subdivision may anticipate a fraction of the	114692
proceeds of such levy and issue anticipation notes. In the case of	114693
a continuing levy that is not levied for the purpose of current	114694
expenses, notes may be issued at any time after approval of the	114695
levy in an amount not more than fifty per cent of the total	114696
estimated proceeds of the levy for the succeeding ten years, less	114697
an amount equal to the fraction of the proceeds of the levy	114698
previously anticipated by the issuance of anticipation notes. In	114699
the case of a levy for a fixed period that is not for the purpose	114700
of current expenses, notes may be issued at any time after	114701
approval of the levy in an amount not more than fifty per cent of	114702
the total estimated proceeds of the levy throughout the remaining	114703
life of the levy, less an amount equal to the fraction of the	114704
proceeds of the levy previously anticipated by the issuance of	114705
anticipation notes. In the case of a levy for current expenses,	114706
notes may be issued after the approval of the levy by the electors	114707
and prior to the time when the first tax collection from the levy	114708
can be made. Such notes may be issued in an amount not more than	114709
fifty per cent of the total estimated proceeds of the levy	114710
throughout the term of the levy in the case of a levy for a fixed	114711
period, or fifty per cent of the total estimated proceeds for the	114712
first ten years of the levy in the case of a continuing levy.	114713

No anticipation notes that increase the net indebtedness of a	114714
county may be issued without the prior consent of the board of	114715
county commissioners of that county. The notes shall be issued as	114716
provided in section 133.24 of the Revised Code, shall have	114717
principal payments during each year after the year of their	114718
issuance over a period not exceeding the life of the levy	114719
anticipated, and may have a principal payment in the year of their	114720
issuance.	114721

"Taxing authority" and "subdivision" have the same meanings	114722
as in section 5705.01 of the Revised Code.	114723

This section is supplemental to and not in derogation of	114724
sections 5705.20, 5705.21, and 5705.22 of the Revised Code.	114725

Sec. 5705.194. The board of education of any city, local,	114726
exempted village, cooperative education, or joint vocational	114727
school district at any time may declare by resolution that the	114728
revenue that will be raised by all tax levies which the district	114729
is authorized to impose, when combined with state and federal	114730
revenues, will be insufficient to provide for the emergency	114731
requirements of the school district or to avoid an operating	114732
deficit, and that it is therefore necessary to levy an additional	114733
tax in excess of the ten-mill limitation. The resolution shall be	114734
confined to a single purpose and shall specify that purpose. If	114735
the levy is proposed to renew all or a portion of the proceeds	114736
derived from one or more existing levies imposed pursuant to this	114737
section, it shall be called a renewal levy and shall be so	114738
designated on the ballot. If two or more existing levies are to be	114739
included in a single renewal levy but are not scheduled to expire	114740
in the same year, the resolution shall specify that the existing	114741
levies to be renewed shall not be levied after the year preceding	114742
the year in which the renewal levy is first imposed.	114743
Notwithstanding the original purpose of any one or more existing	114744
levies that are to be in any single renewal levy, the purpose of	114745
the renewal levy may be either to avoid an operating deficit or to	114746
provide for the emergency requirements of the school district. The	114747
resolution shall further specify the amount of money it is	114748
necessary to raise for the specified purpose for each calendar	114749
year the millage is to be imposed; if a renewal levy, whether the	114750
levy is to renew all, or a portion of, the proceeds derived from	114751
one or more existing levies; and the number of years in which the	114752
millage is to be in effect, which may include a levy upon the	114753
current year's tax list. The number of years may be any number not	114754
exceeding ten.	114755

The question shall be submitted at a special election on a	114756
date specified in the resolution. The date shall not be earlier	114757
than eighty days after the adoption and certification of the	114758
resolution to the county auditor and shall be consistent with the	114759
requirements of section 3501.01 of the Revised Code. A resolution	114760
for a renewal levy shall not be placed on the ballot unless the	114761
question is submitted on a date on which a special election may be	114762
held under division (D) of section 3501.01 of the Revised Code,	114763
except for the first Tuesday after the first Monday in February	114764
and August, during the last year the levy to be renewed may be	114765
extended on the real and public utility property tax list and	114766
duplicate, or at any election held in the ensuing year, except	114767
that if the resolution proposes renewing two or more existing	114768
levies, the question shall be submitted on the date of the general	114769
or primary election held during the last year at least one of the	114770
levies to be renewed may be extended on that list and duplicate,	114771
or at any election held during the ensuing year. For purposes of	114772
this section, a levy shall be considered to be an "existing levy"	114773
through the year following the last year it can be placed on the	114774
real and public utility property tax list and duplicate.	114775

The submission of questions to the electors under this	114776
section is subject to the limitation on the number of election	114777
dates established by section 5705.214 of the Revised Code.	114778

The resolution shall go into immediate effect upon its	114779
passage, and no publication of the resolution shall be necessary	114780
other than that provided for in the notice of election. A copy of	114781
the resolution shall immediately after its passing be certified to	114782
the county auditor of the proper county. Section 5705.195 of the	114783
Revised Code shall govern the arrangements for the submission of	114784
questions to the electors under this section and other matters	114785
concerning the election. Publication of notice of the election	114786
shall be made in one ~~or more newspapers~~newspaper of general	114787
circulation in the county once a week for two consecutive weeks,	114788
or as provided in section 7.16 of the Revised Code, prior to the	114789
election~~, and, if~~. If the board of elections operates and	114790
maintains a web site, the board of elections shall post notice of	114791
the election on its web site for thirty days prior to the	114792
election. If a majority of the electors voting on the question	114793
submitted in an election vote in favor of the levy, the board of	114794
education of the school district may make the additional levy	114795
necessary to raise the amount specified in the resolution for the	114796
purpose stated in the resolution. The tax levy shall be included	114797
in the next tax budget that is certified to the county budget	114798
commission.	114799

After the approval of the levy and prior to the time when the	114800
first tax collection from the levy can be made, the board of	114801
education may anticipate a fraction of the proceeds of the levy	114802
and issue anticipation notes in an amount not exceeding the total	114803
estimated proceeds of the levy to be collected during the first	114804
year of the levy.	114805

The notes shall be issued as provided in section 133.24 of	114806
the Revised Code, shall have principal payments during each year	114807
after the year of their issuance over a period not to exceed five	114808
years, and may have principal payment in the year of their	114809
issuance.	114810

Sec. 5705.196. The election provided for in section 5705.194	114811
of the Revised Code shall be held at the regular places for voting	114812
in the district, and shall be conducted, canvassed, and certified	114813
in the same manner as regular elections in the district for the	114814
election of county officers, provided that in any such election in	114815
which only part of the electors of a precinct are qualified to	114816
vote, the board of elections may assign voters in such part to an	114817
adjoining precinct. Such an assignment may be made to an adjoining	114818
precinct in another county with the consent and approval of the	114819
board of elections of such other county. Notice of the election	114820
shall be published in one ~~or more newspapers~~newspaper of general	114821
circulation in the district once a week for two consecutive weeks	114822
or as provided in section 7.16 of the Revised Code, prior to the	114823
election~~, and, if~~. If the board of elections operates and	114824
maintains a web site, the board of elections shall post notice of	114825
the election on its web site for thirty days prior to the	114826
election. Such notice shall state the annual proceeds of the	114827
proposed levy, the purpose for which such proceeds are to be used,	114828
the number of years during which the levy shall run, and the	114829
estimated average additional tax rate expressed in dollars and	114830
cents for each one hundred dollars of valuation as well as in	114831
mills for each one dollar of valuation, outside the limitation	114832
imposed by Section 2 of Article XII, Ohio Constitution, as	114833
certified by the county auditor.	114834

Sec. 5705.21. (A) At any time, the board of education of any	114835
city, local, exempted village, cooperative education, or joint	114836
vocational school district, by a vote of two-thirds of all its	114837
members, may declare by resolution that the amount of taxes which	114838
may be raised within the ten-mill limitation by levies on the	114839
current tax duplicate will be insufficient to provide an adequate	114840
amount for the necessary requirements of the school district, that	114841
it is necessary to levy a tax in excess of such limitation for one	114842
of the purposes specified in division (A), (D), (F), (H), or (DD)	114843
of section 5705.19 of the Revised Code, for general permanent	114844
improvements, for the purpose of operating a cultural center, or	114845
for the purpose of providing education technology, and that the	114846
question of such additional tax levy shall be submitted to the	114847
electors of the school district at a special election on a day to	114848
be specified in the resolution. If the resolution states that the	114849
levy is for the purpose of operating a cultural center, the ballot	114850
shall state that the levy is "for the purpose of operating the	114851
.......... (name of cultural center)."	114852

As used in this section, "cultural center" means a	114853
freestanding building, separate from a public school building,	114854
that is open to the public for educational, musical, artistic, and	114855
cultural purposes; "education technology" means, but is not	114856
limited to, computer hardware, equipment, materials, and	114857
accessories, equipment used for two-way audio or video, and	114858
software; and "general permanent improvements" means permanent	114859
improvements without regard to the limitation of division (F) of	114860
section 5705.19 of the Revised Code that the improvements be a	114861
specific improvement or a class of improvements that may be	114862
included in a single bond issue.	114863

The submission of questions to the electors under this	114864
section is subject to the limitation on the number of election	114865
dates established by section 5705.214 of the Revised Code.	114866

(B) Such resolution shall be confined to a single purpose and	114867
shall specify the amount of the increase in rate that it is	114868
necessary to levy, the purpose of the levy, and the number of	114869
years during which the increase in rate shall be in effect. The	114870
number of years may be any number not exceeding five or, if the	114871
levy is for current expenses of the district or for general	114872
permanent improvements, for a continuing period of time. The	114873
resolution shall specify the date of holding such election, which	114874
shall not be earlier than ninety days after the adoption and	114875
certification of the resolution and which shall be consistent with	114876
the requirements of section 3501.01 of the Revised Code.	114877

The resolution may propose to renew one or more existing	114878
levies imposed under this section or to increase or decrease a	114879
single levy imposed under this section. If the board of education	114880
imposes one or more existing levies for the purpose specified in	114881
division (F) of section 5705.19 of the Revised Code, the	114882
resolution may propose to renew one or more of those existing	114883
levies, or to increase or decrease a single such existing levy,	114884
for the purpose of general permanent improvements. If the	114885
resolution proposes to renew two or more existing levies, the	114886
levies shall be levied for the same purpose. The resolution shall	114887
identify those levies and the rates at which they are levied. The	114888
resolution also shall specify that the existing levies shall not	114889
be extended on the tax lists after the year preceding the year in	114890
which the renewal levy is first imposed, regardless of the years	114891
for which those levies originally were authorized to be levied.	114892

The resolution shall go into immediate effect upon its	114893
passage, and no publication of the resolution shall be necessary	114894
other than that provided for in the notice of election. A copy of	114895
the resolution shall immediately after its passing be certified to	114896
the board of elections of the proper county in the manner provided	114897
by section 5705.25 of the Revised Code, and that section shall	114898
govern the arrangements for the submission of such question and	114899
other matters concerning such election, to which that section	114900
refers, except that such election shall be held on the date	114901
specified in the resolution. Publication of notice of that	114902
election shall be made in ~~one or more newspapers~~a newspaper of	114903
general circulation in the county once a week for two consecutive	114904
weeks, or as provided in section 7.16 of the Revised Code, prior	114905
to the election~~, and, if~~. If the board of elections operates and	114906
maintains a web site, the board of elections shall post notice of	114907
the election on its web site for thirty days prior to the	114908
election. If a majority of the electors voting on the question so	114909
submitted in an election vote in favor of the levy, the board of	114910
education may make the necessary levy within the school district	114911
at the additional rate, or at any lesser rate in excess of the	114912
ten-mill limitation on the tax list, for the purpose stated in the	114913
resolution. A levy for a continuing period of time may be reduced	114914
pursuant to section 5705.261 of the Revised Code. The tax levy	114915
shall be included in the next tax budget that is certified to the	114916
county budget commission.	114917

(C)(1) After the approval of a levy on the current tax list	114918
and duplicate for current expenses, for recreational purposes, for	114919
community centers provided for in section 755.16 of the Revised	114920
Code, or for a public library of the district and prior to the	114921
time when the first tax collection from the levy can be made, the	114922
board of education may anticipate a fraction of the proceeds of	114923
the levy and issue anticipation notes in a principal amount not	114924
exceeding fifty per cent of the total estimated proceeds of the	114925
levy to be collected during the first year of the levy.	114926

(2) After the approval of a levy for general permanent	114927
improvements for a specified number of years, or for permanent	114928
improvements having the purpose specified in division (F) of	114929
section 5705.19 of the Revised Code, the board of education may	114930
anticipate a fraction of the proceeds of the levy and issue	114931
anticipation notes in a principal amount not exceeding fifty per	114932
cent of the total estimated proceeds of the levy remaining to be	114933
collected in each year over a period of five years after the	114934
issuance of the notes.	114935

The notes shall be issued as provided in section 133.24 of	114936
the Revised Code, shall have principal payments during each year	114937
after the year of their issuance over a period not to exceed five	114938
years, and may have a principal payment in the year of their	114939
issuance.	114940

(3) After approval of a levy for general permanent	114941
improvements for a continuing period of time, the board of	114942
education may anticipate a fraction of the proceeds of the levy	114943
and issue anticipation notes in a principal amount not exceeding	114944
fifty per cent of the total estimated proceeds of the levy to be	114945
collected in each year over a specified period of years, not	114946
exceeding ten, after the issuance of the notes.	114947

The notes shall be issued as provided in section 133.24 of	114948
the Revised Code, shall have principal payments during each year	114949
after the year of their issuance over a period not to exceed ten	114950
years, and may have a principal payment in the year of their	114951
issuance.	114952

Sec. 5705.211. (A) As used in this section:

114953

(1) "Adjusted charge-off increase" for a tax year means two	114954
and two-tenths per cent of the cumulative carryover property value	114955
increase. ~~If the cumulative carryover property value increase is~~	114956
~~computed on the basis of a school district's recognized valuation~~	114957
~~for a fiscal year before fiscal year 2014, the adjusted charge-off~~	114958
~~increase shall be adjusted to account for the greater charge-off~~	114959
~~rates prescribed for such fiscal years under sections 3317.022 and~~	114960
~~3306.13 of the Revised Code.~~	114961

(2) "Cumulative carryover property value increase" means the	114962
sum of the increases in carryover value certified under division	114963
(B)(2) of section 3317.015 of the Revised Code and included in a	114964
school district's total taxable value in the computation of	114965
recognized valuation under division (B) of that section for all	114966
fiscal years from the fiscal year that ends in the first tax year	114967
a levy under this section is extended on the tax list of real and	114968
public utility property until and including the fiscal year that	114969
ends in the current tax year.	114970

(3) "Taxes charged and payable" means the taxes charged and	114971
payable from a tax levy extended on the real and public utility	114972
property tax list and the general list of personal property before	114973
any reduction under section 319.302, 323.152, or 323.158 of the	114974
Revised Code.	114975

(B) The board of education of a city, local, or exempted	114976
village school district may adopt a resolution proposing the levy	114977
of a tax in excess of the ten-mill limitation for the purpose of	114978
paying the current operating expenses of the district. If the	114979
resolution is approved as provided in division (D) of this	114980
section, the tax may be levied at such a rate each tax year that	114981
the total taxes charged and payable from the levy equals the	114982
adjusted charge-off increase for the tax year or equals a lesser	114983
amount as prescribed under division (C) of this section. The tax	114984
may be levied for a continuing period of time or for a specific	114985
number of years, but not fewer than five years, as provided in the	114986
resolution. The tax may not be placed on the tax list for a tax	114987
year beginning before the first day of January following adoption	114988
of the resolution. A board of education may not adopt a resolution	114989
under this section proposing to levy a tax under this section	114990
concurrently with any other tax levied by the board under this	114991
section.	114992

(C) After the first year a tax is levied under this section,	114993
the rate of the tax in any year shall not exceed the rate,	114994
estimated by the county auditor, that would cause the sums levied	114995
from the tax against carryover property to exceed one hundred four	114996
per cent of the sums levied from the tax against carryover	114997
property in the preceding year. A board of education imposing a	114998
tax under this section may specify in the resolution imposing the	114999
tax that the percentage shall be less than one hundred four per	115000
cent, but the percentage shall not be less than one hundred per	115001
cent. At any time after a resolution adopted under this section is	115002
approved by a majority of electors as provided in division (D) of	115003
this section, the board of education, by resolution, may decrease	115004
the percentage specified in the resolution levying the tax.	115005

(D) A resolution adopted under this section shall state that	115006
the purpose of the tax is to pay current operating expenses of the	115007
district, and shall specify the first year in which the tax is to	115008
be levied, the number of years the tax will be levied or that it	115009
will be levied for a continuing period of time, and the election	115010
at which the question of the tax is to appear on the ballot, which	115011
shall be a general or special election consistent with the	115012
requirements of section 3501.01 of the Revised Code. If the board	115013
of education specifies a percentage less than one hundred four per	115014
cent pursuant to division (C) of this section, the percentage	115015
shall be specified in the resolution.	115016

Upon adoption of the resolution, the board of education may	115017
certify a copy of the resolution to the proper county board of	115018
elections. The copy of the resolution shall be certified to the	115019
board of elections not later than ninety days before the day of	115020
the election at which the question of the tax is to appear on the	115021
ballot. Upon receiving a timely certified copy of such a	115022
resolution, the board of elections shall make the necessary	115023
arrangements for the submission of the question to the electors of	115024
the school district, and the election shall be conducted,	115025
canvassed, and certified in the same manner as regular elections	115026
in the school district for the election of members of the board of	115027
education. Notice of the election shall be published in ~~one or~~	115028
~~more newspapers~~a newspaper of general circulation in the school	115029
district once per week for four consecutive weeks or as provided	115030
in section 7.16 of the Revised Code. The notice shall state that	115031
the purpose of the tax is for the current operating expenses of	115032
the school district, the first year the tax is to be levied, the	115033
number of years the tax is to be levied or that it is to be levied	115034
for a continuing period of time, that the tax is to be levied each	115035
year in an amount estimated to offset decreases in state base cost	115036
funding caused by appreciation in real estate values, and that the	115037
estimated additional tax in any year shall not exceed the previous	115038
year's by more than four per cent, or a lesser percentage	115039
specified in the resolution levying the tax, except for increases	115040
caused by the addition of new taxable property.	115041

The question shall be submitted as a separate proposition but	115042
may be printed on the same ballot with any other proposition	115043
submitted at the same election other than the election of	115044
officers.	115045

The form of the ballot shall be substantially as follows:

115046

"An additional tax for the benefit of (name of school	115047
district) for the purpose of paying the current operating expenses	115048
of the district, for .......... (number of years or for continuing	115049
period of time), at a rate sufficient to offset any reduction in	115050
basic state funding caused by appreciation in real estate values?	115051
This levy will permit variable annual growth in revenue up to	115052
.......... (amount specified by school district) per cent for the	115053
duration of the levy.	115054

115055

		For the tax levy			115056
		Against the tax levy	"		115057

115058

If a majority of the electors of the school district voting	115059
on the question vote in favor of the question, the board of	115060
elections shall certify the results of the election to the board	115061
of education and to the tax commissioner immediately after the	115062
canvass.	115063

(E) When preparing any estimate of the contemplated receipts	115064
from a tax levied pursuant to this section for the purposes of	115065
sections 5705.28 to 5705.40 of the Revised Code, and in preparing	115066
to certify the tax under section 5705.34 of the Revised Code, a	115067
board of education authorized to levy such a tax shall use	115068
information supplied by the department of education to determine	115069
the adjusted charge-off increase for the tax year for which that	115070
certification is made. If the board levied a tax under this	115071
section in the preceding tax year, the sum to be certified for	115072
collection from the tax shall not exceed the sum that would exceed	115073
the limitation imposed under division (C) of this section. At the	115074
request of the board of education or the treasurer of the school	115075
district, the county auditor shall assist the board of education	115076
in determining the rate or sum that may be levied under this	115077
section.	115078

The board of education shall certify the sum authorized to be	115079
levied to the county auditor, and, for the purpose of the county	115080
auditor determining the rate at which the tax is to be levied in	115081
the tax year, the sum so certified shall be the sum to be raised	115082
by the tax unless the sum exceeds the limitation imposed by	115083
division (C) of this section. A tax levied pursuant to this	115084
section shall not be levied at a rate in excess of the rate	115085
estimated by the county auditor to produce the sum certified by	115086
the board of education before the reductions under sections	115087
319.302, 323.152, and 323.158 of the Revised Code. Notwithstanding	115088
section 5705.34 of the Revised Code, a board of education	115089
authorized to levy a tax under this section shall certify the tax	115090
to the county auditor before the first day of October of the tax	115091
year in which the tax is to be levied, or at a later date as	115092
approved by the tax commissioner.	115093

Sec. 5705.214. Not more than three elections during any	115094
calendar year shall include the questions by a school district of	115095
tax levies proposed under any one or any combination of the	115096
following sections: sections 5705.194, 5705.199, 5705.21,	115097
5705.212, 5705.213, 5705.217, 5705.218, ~~and~~ 5705.219, and 5748.09	115098
of the Revised Code.	115099

Sec. 5705.218. (A) The board of education of a city, local,	115100
or exempted village school district, at any time by a vote of	115101
two-thirds of all its members, may declare by resolution that it	115102
may be necessary for the school district to issue general	115103
obligation bonds for permanent improvements. The resolution shall	115104
state all of the following:	115105

(1) The necessity and purpose of the bond issue;

115106

(2) The date of the special election at which the question	115107
shall be submitted to the electors;	115108

(3) The amount, approximate date, estimated rate of interest,	115109
and maximum number of years over which the principal of the bonds	115110
may be paid;	115111

(4) The necessity of levying a tax outside the ten-mill	115112
limitation to pay debt charges on the bonds and any anticipatory	115113
securities.	115114

On adoption of the resolution, the board shall certify a copy	115115
of it to the county auditor. The county auditor promptly shall	115116
estimate and certify to the board the average annual property tax	115117
rate required throughout the stated maturity of the bonds to pay	115118
debt charges on the bonds, in the same manner as under division	115119
(C) of section 133.18 of the Revised Code.	115120

(B) After receiving the county auditor's certification under	115121
division (A) of this section, the board of education of the city,	115122
local, or exempted village school district, by a vote of	115123
two-thirds of all its members, may declare by resolution that the	115124
amount of taxes that can be raised within the ten-mill limitation	115125
will be insufficient to provide an adequate amount for the present	115126
and future requirements of the school district; that it is	115127
necessary to issue general obligation bonds of the school district	115128
for permanent improvements and to levy an additional tax in excess	115129
of the ten-mill limitation to pay debt charges on the bonds and	115130
any anticipatory securities; that it is necessary for a specified	115131
number of years or for a continuing period of time to levy	115132
additional taxes in excess of the ten-mill limitation to provide	115133
funds for the acquisition, construction, enlargement, renovation,	115134
and financing of permanent improvements or to pay for current	115135
operating expenses, or both; and that the question of the bonds	115136
and taxes shall be submitted to the electors of the school	115137
district at a special election, which shall not be earlier than	115138
ninety days after certification of the resolution to the board of	115139
elections, and the date of which shall be consistent with section	115140
3501.01 of the Revised Code. The resolution shall specify all of	115141
the following:	115142

(1) The county auditor's estimate of the average annual	115143
property tax rate required throughout the stated maturity of the	115144
bonds to pay debt charges on the bonds;	115145

(2) The proposed rate of the tax, if any, for current	115146
operating expenses, the first year the tax will be levied, and the	115147
number of years it will be levied, or that it will be levied for a	115148
continuing period of time;	115149

(3) The proposed rate of the tax, if any, for permanent	115150
improvements, the first year the tax will be levied, and the	115151
number of years it will be levied, or that it will be levied for a	115152
continuing period of time.	115153

The resolution shall apportion the annual rate of the tax	115154
between current operating expenses and permanent improvements, if	115155
both taxes are proposed. The apportionment may but need not be the	115156
same for each year of the tax, but the respective portions of the	115157
rate actually levied each year for current operating expenses and	115158
permanent improvements shall be limited by the apportionment. The	115159
resolution shall go into immediate effect upon its passage, and no	115160
publication of it is necessary other than that provided in the	115161
notice of election. The board of education shall certify a copy of	115162
the resolution, along with copies of the auditor's estimate and	115163
its resolution under division (A) of this section, to the board of	115164
elections immediately after its adoption.	115165

(C) The board of elections shall make the arrangements for	115166
the submission of the question to the electors of the school	115167
district, and the election shall be conducted, canvassed, and	115168
certified in the same manner as regular elections in the district	115169
for the election of county officers. The resolution shall be put	115170
before the electors as one ballot question, with a favorable vote	115171
indicating approval of the bond issue, the levy to pay debt	115172
charges on the bonds and any anticipatory securities, the current	115173
operating expenses levy, and the permanent improvements levy, if	115174
either or both levies are proposed. The board of elections shall	115175
publish notice of the election in ~~one or more newspapers~~a	115176
newspaper of general circulation in the school district once a	115177
week for two consecutive weeks, or as provided in section 7.16 of	115178
the Revised Code, prior to the election~~, and, if~~. If a board of	115179
elections operates and maintains a web site, that board also shall	115180
post notice of the election on its web site for thirty days prior	115181
to the election. The notice of election shall state all of the	115182
following:	115183

(1) The principal amount of the proposed bond issue;

115184

(2) The permanent improvements for which the bonds are to be	115185
issued;	115186

(3) The maximum number of years over which the principal of	115187
the bonds may be paid;	115188

(4) The estimated additional average annual property tax rate	115189
to pay the debt charges on the bonds, as certified by the county	115190
auditor;	115191

(5) The proposed rate of the additional tax, if any, for	115192
current operating expenses;	115193

(6) The number of years the current operating expenses tax	115194
will be in effect, or that it will be in effect for a continuing	115195
period of time;	115196

(7) The proposed rate of the additional tax, if any, for	115197
permanent improvements;	115198

(8) The number of years the permanent improvements tax will	115199
be in effect, or that it will be in effect for a continuing period	115200
of time;	115201

(9) The time and place of the special election.

115202

(D) The form of the ballot for an election under this section	115203
is as follows:	115204

"Shall the .......... school district be authorized to do the	115205
following:	115206

(1) Issue bonds for the purpose of .......... in the	115207
principal amount of $......, to be repaid annually over a maximum	115208
period of ...... years, and levy a property tax outside the	115209
ten-mill limitation, estimated by the county auditor to average	115210
over the bond repayment period ...... mills for each one dollar of	115211
tax valuation, which amounts to ...... (rate expressed in cents or	115212
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	115213
tax valuation, to pay the annual debt charges on the bonds, and to	115214
pay debt charges on any notes issued in anticipation of those	115215
bonds?"	115216

If either a levy for permanent improvements or a levy for	115217
current operating expenses is proposed, or both are proposed, the	115218
ballot also shall contain the following language, as appropriate:	115219

"(2) Levy an additional property tax to provide funds for the	115220
acquisition, construction, enlargement, renovation, and financing	115221
of permanent improvements at a rate not exceeding ....... mills	115222
for each one dollar of tax valuation, which amounts to .......	115223
(rate expressed in cents or dollars and cents) for each $100 of	115224
tax valuation, for ...... (number of years of the levy, or a	115225
continuing period of time)?	115226

(3) Levy an additional property tax to pay current operating	115227
expenses at a rate not exceeding ....... mills for each one dollar	115228
of tax valuation, which amounts to ....... (rate expressed in	115229
cents or dollars and cents) for each $100 of tax valuation, for	115230
....... (number of years of the levy, or a continuing period of	115231
time)?	115232

115233

		FOR THE BOND ISSUE AND LEVY (OR LEVIES)			115234
		AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)	"		115235

115236

(E) The board of elections promptly shall certify the results	115237
of the election to the tax commissioner and the county auditor of	115238
the county in which the school district is located. If a majority	115239
of the electors voting on the question vote for it, the board of	115240
education may proceed with issuance of the bonds and with the levy	115241
and collection of the property tax or taxes at the additional rate	115242
or any lesser rate in excess of the ten-mill limitation. Any	115243
securities issued by the board of education under this section are	115244
Chapter 133. securities, as that term is defined in section 133.01	115245
of the Revised Code.	115246

(F)(1) After the approval of a tax for current operating	115247
expenses under this section and prior to the time the first	115248
collection and distribution from the levy can be made, the board	115249
of education may anticipate a fraction of the proceeds of such	115250
levy and issue anticipation notes in a principal amount not	115251
exceeding fifty per cent of the total estimated proceeds of the	115252
tax to be collected during the first year of the levy.	115253

(2) After the approval of a tax under this section for	115254
permanent improvements having a specific purpose, the board of	115255
education may anticipate a fraction of the proceeds of such tax	115256
and issue anticipation notes in a principal amount not exceeding	115257
fifty per cent of the total estimated proceeds of the tax	115258
remaining to be collected in each year over a period of five years	115259
after issuance of the notes.	115260

(3) After the approval of a tax for general, on-going	115261
permanent improvements under this section, the board of education	115262
may anticipate a fraction of the proceeds of such tax and issue	115263
anticipation notes in a principal amount not exceeding fifty per	115264
cent of the total estimated proceeds of the tax to be collected in	115265
each year over a specified period of years, not exceeding ten,	115266
after issuance of the notes.	115267

Anticipation notes under this section shall be issued as	115268
provided in section 133.24 of the Revised Code. Notes issued under	115269
division (F)(1) or (2) of this section shall have principal	115270
payments during each year after the year of their issuance over a	115271
period not to exceed five years, and may have a principal payment	115272
in the year of their issuance. Notes issued under division (F)(3)	115273
of this section shall have principal payments during each year	115274
after the year of their issuance over a period not to exceed ten	115275
years, and may have a principal payment in the year of their	115276
issuance.	115277

(G) A tax for current operating expenses or for permanent	115278
improvements levied under this section for a specified number of	115279
years may be renewed or replaced in the same manner as a tax for	115280
current operating expenses or for permanent improvements levied	115281
under section 5705.21 of the Revised Code. A tax for current	115282
operating expenses or for permanent improvements levied under this	115283
section for a continuing period of time may be decreased in	115284
accordance with section 5705.261 of the Revised Code.	115285

(H) The submission of a question to the electors under this	115286
section is subject to the limitation on the number of elections	115287
that can be held in a year under section 5705.214 of the Revised	115288
Code.	115289

(I) A school district board of education proposing a ballot	115290
measure under this section to generate local resources for a	115291
project under the school building assistance expedited local	115292
partnership program under section 3318.36 of the Revised Code may	115293
combine the questions under division (D) of this section with a	115294
question for the levy of a property tax to generate moneys for	115295
maintenance of the classroom facilities acquired under that	115296
project as prescribed in section 3318.361 of the Revised Code.	115297

Sec. 5705.25. (A) A copy of any resolution adopted as	115298
provided in section 5705.19 or 5705.2111 of the Revised Code shall	115299
be certified by the taxing authority to the board of elections of	115300
the proper county not less than ninety days before the general	115301
election in any year, and the board shall submit the proposal to	115302
the electors of the subdivision at the succeeding November	115303
election. Except as otherwise provided in this division, a	115304
resolution to renew an existing levy, regardless of the section of	115305
the Revised Code under which the tax was imposed, shall not be	115306
placed on the ballot unless the question is submitted at the	115307
general election held during the last year the tax to be renewed	115308
or replaced may be extended on the real and public utility	115309
property tax list and duplicate, or at any election held in the	115310
ensuing year. The limitation of the foregoing sentence does not	115311
apply to a resolution to renew and increase or to renew part of an	115312
existing levy that was imposed under section 5705.191 of the	115313
Revised Code to supplement the general fund for the purpose of	115314
making appropriations for one or more of the following purposes:	115315
for public assistance, human or social services, relief, welfare,	115316
hospitalization, health, and support of general hospitals. The	115317
limitation of the second preceding sentence also does not apply to	115318
a resolution that proposes to renew two or more existing levies	115319
imposed under section 5705.21 of the Revised Code, in which case	115320
the question shall be submitted on the date of the general or	115321
primary election held during the last year at least one of the	115322
levies to be renewed may be extended on the real and public	115323
utility property tax list and duplicate, or at any election held	115324
during the ensuing year. For purposes of this section, a levy	115325
shall be considered to be an "existing levy" through the year	115326
following the last year it can be placed on that tax list and	115327
duplicate.	115328

The board shall make the necessary arrangements for the	115329
submission of such questions to the electors of such subdivision,	115330
and the election shall be conducted, canvassed, and certified in	115331
the same manner as regular elections in such subdivision for the	115332
election of county officers. Notice of the election shall be	115333
published in a newspaper of general circulation in the subdivision	115334
once a week for two consecutive weeks, or as provided in section	115335
7.16 of the Revised Code, prior to the election~~, and, if~~. If the	115336
board of elections operates and maintains a web site, the board of	115337
elections shall post notice of the election on its web site for	115338
thirty days prior to the election. The notice shall state the	115339
purpose, the proposed increase in rate expressed in dollars and	115340
cents for each one hundred dollars of valuation as well as in	115341
mills for each one dollar of valuation, the number of years during	115342
which the increase will be in effect, the first month and year in	115343
which the tax will be levied, and the time and place of the	115344
election.	115345

(B) The form of the ballots cast at an election held pursuant	115346
to division (A) of this section shall be as follows:	115347

"An additional tax for the benefit of (name of subdivision or	115348
public library) .......... for the purpose of (purpose stated in	115349
the resolution) .......... at a rate not exceeding ...... mills	115350
for each one dollar of valuation, which amounts to (rate expressed	115351
in dollars and cents) ............ for each one hundred dollars of	115352
valuation, for ...... (life of indebtedness or number of years the	115353
levy is to run).	115354

115355

		For the Tax Levy			115356
		Against the Tax Levy	"		115357

115358

(C) If the levy is to be in effect for a continuing period of	115359
time, the notice of election and the form of ballot shall so state	115360
instead of setting forth a specified number of years for the levy.	115361

If the tax is to be placed on the current tax list, the form	115362
of the ballot shall be modified by adding, after the statement of	115363
the number of years the levy is to run, the phrase ", commencing	115364
in .......... (first year the tax is to be levied), first due in	115365
calendar year .......... (first calendar year in which the tax	115366
shall be due)."	115367

If the levy submitted is a proposal to renew, increase, or	115368
decrease an existing levy, the form of the ballot specified in	115369
division (B) of this section may be changed by substituting for	115370
the words "An additional" at the beginning of the form, the words	115371
"A renewal of a" in case of a proposal to renew an existing levy	115372
in the same amount; the words "A renewal of ........ mills and an	115373
increase of ...... mills to constitute a" in the case of an	115374
increase; or the words "A renewal of part of an existing levy,	115375
being a reduction of ...... mills, to constitute a" in the case of	115376
a decrease in the proposed levy.	115377

If the levy submitted is a proposal to renew two or more	115378
existing levies imposed under section 5705.21 of the Revised Code,	115379
the form of the ballot specified in division (B) of this section	115380
shall be modified by substituting for the words "an additional	115381
tax" the words "a renewal of ....(insert the number of levies to	115382
be renewed) existing taxes."	115383

The question covered by such resolution shall be submitted as	115384
a separate proposition but may be printed on the same ballot with	115385
any other proposition submitted at the same election, other than	115386
the election of officers. More than one such question may be	115387
submitted at the same election.	115388

(D) A levy voted in excess of the ten-mill limitation under	115389
this section shall be certified to the tax commissioner. In the	115390
first year of the levy, it shall be extended on the tax lists	115391
after the February settlement succeeding the election. If the	115392
additional tax is to be placed upon the tax list of the current	115393
year, as specified in the resolution providing for its submission,	115394
the result of the election shall be certified immediately after	115395
the canvass by the board of elections to the taxing authority, who	115396
shall make the necessary levy and certify it to the county	115397
auditor, who shall extend it on the tax lists for collection.	115398
After the first year, the tax levy shall be included in the annual	115399
tax budget that is certified to the county budget commission.	115400

Sec. 5705.251. (A) A copy of a resolution adopted under	115401
section 5705.212 or 5705.213 of the Revised Code shall be	115402
certified by the board of education to the board of elections of	115403
the proper county not less than ninety days before the date of the	115404
election specified in the resolution, and the board of elections	115405
shall submit the proposal to the electors of the school district	115406
at a special election to be held on that date. The board of	115407
elections shall make the necessary arrangements for the submission	115408
of the question or questions to the electors of the school	115409
district, and the election shall be conducted, canvassed, and	115410
certified in the same manner as regular elections in the school	115411
district for the election of county officers. Notice of the	115412
election shall be published in a newspaper of general circulation	115413
in the subdivision once a week for two consecutive weeks, or as	115414
provided in section 7.16 of the Revised Code, prior to the	115415
election~~, and, if~~. If the board of elections operates and	115416
maintains a web site, the board of elections shall post notice of	115417
the election on its web site for thirty days prior to the	115418
election.	115419

(1) In the case of a resolution adopted under section	115420
5705.212 of the Revised Code, the notice shall state separately,	115421
for each tax being proposed, the purpose; the proposed increase in	115422
rate, expressed in dollars and cents for each one hundred dollars	115423
of valuation as well as in mills for each one dollar of valuation;	115424
the number of years during which the increase will be in effect;	115425
and the first calendar year in which the tax will be due. For an	115426
election on the question of a renewal levy, the notice shall state	115427
the purpose; the proposed rate, expressed in dollars and cents for	115428
each one hundred dollars of valuation as well as in mills for each	115429
one dollar of valuation; and the number of years the tax will be	115430
in effect.	115431

(2) In the case of a resolution adopted under section	115432
5705.213 of the Revised Code, the notice shall state the purpose;	115433
the amount proposed to be raised by the tax in the first year it	115434
is levied; the estimated average additional tax rate for the first	115435
year it is proposed to be levied, expressed in mills for each one	115436
dollar of valuation and in dollars and cents for each one hundred	115437
dollars of valuation; the number of years during which the	115438
increase will be in effect; and the first calendar year in which	115439
the tax will be due. The notice also shall state the amount by	115440
which the amount to be raised by the tax may be increased in each	115441
year after the first year. The amount of the allowable increase	115442
may be expressed in terms of a dollar increase over, or a	115443
percentage of, the amount raised by the tax in the immediately	115444
preceding year. For an election on the question of a renewal levy,	115445
the notice shall state the purpose; the amount proposed to be	115446
raised by the tax; the estimated tax rate, expressed in mills for	115447
each one dollar of valuation and in dollars and cents for each one	115448
hundred dollars of valuation; and the number of years the tax will	115449
be in effect.	115450

In any case, the notice also shall state the time and place	115451
of the election.	115452

(B) The form of the ballot in an election on taxes proposed	115453
under section 5705.212 of the Revised Code shall be as follows:	115454

"Shall the .......... school district be authorized to levy	115455
taxes for current expenses, the aggregate rate of which may	115456
increase in ...... (number) increment(s) of not more than ......	115457
mill(s) for each dollar of valuation, from an original rate of	115458
...... mill(s) for each dollar of valuation, which amounts to	115459
...... (rate expressed in dollars and cents) for each one hundred	115460
dollars of valuation, to a maximum rate of ...... mill(s) for each	115461
dollar of valuation, which amounts to ...... (rate expressed in	115462
dollars and cents) for each one hundred dollars of valuation? The	115463
original tax is first proposed to be levied in ...... (the first	115464
year of the tax), and the incremental tax in ...... (the first	115465
year of the increment) (if more than one incremental tax is	115466
proposed in the resolution, the first year that each incremental	115467
tax is proposed to be levied shall be stated in the preceding	115468
format, and the increments shall be referred to as the first,	115469
second, third, or fourth increment, depending on their number).	115470
The aggregate rate of tax so authorized will .......... (insert	115471
either, "expire with the original rate of tax which shall be in	115472
effect for ...... years" or "be in effect for a continuing period	115473
of time").	115474

115475

		FOR THE TAX LEVIES			115476
		AGAINST THE TAX LEVIES	"		115477

115478

The form of the ballot in an election on the question of a	115479
renewal levy under section 5705.212 of the Revised Code shall be	115480
as follows:	115481

"Shall the ......... school district be authorized to renew a	115482
tax for current expenses at a rate not exceeding ......... mills	115483
for each dollar of valuation, which amounts to ......... (rate	115484
expressed in dollars and cents) for each one hundred dollars of	115485
valuation, for .......... (number of years the levy shall be in	115486
effect, or a continuing period of time)?	115487

115488

		FOR THE TAX LEVY			115489
		AGAINST THE TAX LEVY	"		115490

115491

If the tax is to be placed on the current tax list, the form	115492
of the ballot shall be modified by adding, after the statement of	115493
the number of years the levy is to be in effect, the phrase ",	115494
commencing in .......... (first year the tax is to be levied),	115495
first due in calendar year .......... (first calendar year in	115496
which the tax shall be due)."	115497

(C) The form of the ballot in an election on a tax proposed	115498
under section 5705.213 of the Revised Code shall be as follows:	115499

"Shall the ........ school district be authorized to levy the	115500
following tax for current expenses? The tax will first be levied	115501
in ...... (year) to raise ...... (dollars). In the ...... (number	115502
of years) following years, the tax will increase by not more than	115503
...... (per cent or dollar amount of increase) each year, so that,	115504
during ...... (last year of the tax), the tax will raise	115505
approximately ...... (dollars). The county auditor estimates that	115506
the rate of the tax per dollar of valuation will be ......	115507
mill(s), which amounts to $..... per one hundred dollars of	115508
valuation, both during ...... (first year of the tax) and ......	115509
mill(s), which amounts to $...... per one hundred dollars of	115510
valuation, during ...... (last year of the tax). The tax will not	115511
be levied after ...... (year).	115512

115513

		FOR THE TAX LEVY			115514
		AGAINST THE TAX LEVY	"		115515

115516

The form of the ballot in an election on the question of a	115517
renewal levy under section 5705.213 of the Revised Code shall be	115518
as follows:	115519

"Shall the ......... school district be authorized to renew a	115520
tax for current expenses which will raise ......... (dollars),	115521
estimated by the county auditor to be ......... mills for each	115522
dollar of valuation, which amounts to ......... (rate expressed in	115523
dollars and cents) for each one hundred dollars of valuation? The	115524
tax shall be in effect for ......... (the number of years the levy	115525
shall be in effect, or a continuing period of time).	115526

115527

		FOR THE TAX LEVY			115528
		AGAINST THE TAX LEVY	"		115529

115530

If the tax is to be placed on the current tax list, the form	115531
of the ballot shall be modified by adding, after the statement of	115532
the number of years the levy is to be in effect, the phrase ",	115533
commencing in .......... (first year the tax is to be levied),	115534
first due in calendar year .......... (first calendar year in	115535
which the tax shall be due)."	115536

(D) The question covered by a resolution adopted under	115537
section 5705.212 or 5705.213 of the Revised Code shall be	115538
submitted as a separate question, but may be printed on the same	115539
ballot with any other question submitted at the same election,	115540
other than the election of officers. More than one question may be	115541
submitted at the same election.	115542

(E) Taxes voted in excess of the ten-mill limitation under	115543
division (B) or (C) of this section shall be certified to the tax	115544
commissioner. If an additional tax is to be placed upon the tax	115545
list of the current year, as specified in the resolution providing	115546
for its submission, the result of the election shall be certified	115547
immediately after the canvass by the board of elections to the	115548
board of education. The board of education immediately shall make	115549
the necessary levy and certify it to the county auditor, who shall	115550
extend it on the tax list for collection. After the first year,	115551
the levy shall be included in the annual tax budget that is	115552
certified to the county budget commission.	115553

Sec. 5705.261. The question of decrease of an increased rate	115554
of levy approved for a continuing period of time by the voters of	115555
a subdivision may be initiated by the filing of a petition with	115556
the board of elections of the proper county not less than ninety	115557
days before the general election in any year requesting that an	115558
election be held on such question. Such petition shall state the	115559
amount of the proposed decrease in the rate of levy and shall be	115560
signed by qualified electors residing in the subdivision equal in	115561
number to at least ten per cent of the total number of votes cast	115562
in the subdivision for the office of governor at the most recent	115563
general election for that office. Only one such petition may be	115564
filed during each five-year period following the election at which	115565
the voters approved the increased rate for a continuing period of	115566
time.	115567

After determination by it that such petition is valid, the	115568
board of elections shall submit the question to the electors of	115569
the district at the succeeding general election. The election	115570
shall be conducted, canvassed, and certified in the same manner as	115571
regular elections in such subdivision for county offices. Notice	115572
of the election shall be published in a newspaper of general	115573
circulation in the district once a week for two consecutive weeks,	115574
or as provided in section 7.16 of the Revised Code, prior to the	115575
election~~, and, if~~. If the board of elections operates and	115576
maintains a web site, the board of elections shall post notice of	115577
the election on its web site for thirty days prior to the	115578
election. The notice shall state the purpose, the amount of the	115579
proposed decrease in rate, and the time and place of the election.	115580
The form of the ballot cast at such election shall be prescribed	115581
by the secretary of state. The question covered by such petition	115582
shall be submitted as a separate proposition but it may be printed	115583
on the same ballot with any other propositions submitted at the	115584
same election other than the election of officers. If a majority	115585
of the qualified electors voting on the question of a decrease at	115586
such election approve the proposed decrease in rate, the result of	115587
the election shall be certified immediately after the canvass by	115588
the board of elections to the subdivision's taxing authority,	115589
which shall thereupon, after the current year, cease to levy such	115590
increased rate or levy such tax at such reduced rate upon the	115591
duplicate of the subdivision. If notes have been issued in	115592
anticipation of the collection of such levy, the taxing authority	115593
shall continue to levy and collect under authority of the election	115594
authorizing the original levy such amounts as will be sufficient	115595
to pay the principal of and interest on such anticipation notes as	115596
the same fall due.	115597

Sec. 5705.29. This section does not apply to a subdivision or	115598
taxing unit for which the county budget commission has waived the	115599
requirement to adopt a tax budget pursuant to section 5705.281 of	115600
the Revised Code. The tax budget shall present the following	115601
information in such detail as is prescribed by the auditor of	115602
state:	115603

(A)(1) A statement of the necessary current operating	115604
expenses for the ensuing fiscal year for each department and	115605
division of the subdivision, classified as to personal services	115606
and other expenses, and the fund from which such expenditures are	115607
to be made. Except in the case of a school district, this estimate	115608
may include a contingent expense not designated for any particular	115609
purpose, and not to exceed three per cent of the total amount of	115610
appropriations for current expenses. In the case of a school	115611
district, this estimate may include a contingent expense not	115612
designated for any particular purpose and not to exceed thirteen	115613
per cent of the total amount of appropriations for current	115614
expenses.	115615

(2) A statement of the expenditures for the ensuing fiscal	115616
year necessary for permanent improvements, exclusive of any	115617
expense to be paid from bond issues, classified as to the	115618
improvements contemplated by the subdivision and the fund from	115619
which such expenditures are to be made;	115620

(3) The amounts required for the payment of final judgments;

115621

(4) A statement of expenditures for the ensuing fiscal year	115622
necessary for any purpose for which a special levy is authorized,	115623
and the fund from which such expenditures are to be made;	115624

(5) Comparative statements, so far as possible, in parallel	115625
columns of corresponding items of expenditures for the current	115626
fiscal year and the two preceding fiscal years.	115627

(B)(1) An estimate of receipts from other sources than the	115628
general property tax during the ensuing fiscal year, which shall	115629
include an estimate of unencumbered balances at the end of the	115630
current fiscal year, and the funds to which such estimated	115631
receipts are credited;	115632

(2) The amount each fund requires from the general property	115633
tax, which shall be the difference between the contemplated	115634
expenditure from the fund and the estimated receipts, as provided	115635
in this section. The section of the Revised Code under which the	115636
tax is authorized shall be set forth.	115637

(3) Comparative statements, so far as possible, in parallel	115638
columns of taxes and other revenues for the current fiscal year	115639
and the two preceding fiscal years.	115640

(C)(1) The amount required for debt charges;

115641

(2) The estimated receipts from sources other than the tax	115642
levy for payment of such debt charges, including the proceeds of	115643
refunding bonds to be issued to refund bonds maturing in the next	115644
succeeding fiscal year;	115645

(3) The net amount for which a tax levy shall be made,	115646
classified as to bonds authorized and issued prior to January 1,	115647
1922, and those authorized and issued subsequent to such date, and	115648
as to what portion of the levy will be within and what in excess	115649
of the ten-mill limitation.	115650

(D) An estimate of amounts from taxes authorized to be levied	115651
in excess of the ten-mill limitation on the tax rate, and the fund	115652
to which such amounts will be credited, together with the sections	115653
of the Revised Code under which each such tax is exempted from all	115654
limitations on the tax rate.	115655

(E)(1) A board of education may include in its budget for the	115656
fiscal year in which a levy proposed under section 5705.194,	115657
5705.199, 5705.21, 5705.213, or 5705.219, a property tax levy	115658
proposed under section 5748.09, or the original levy under section	115659
5705.212 of the Revised Code is first extended on the tax list and	115660
duplicate an estimate of expenditures to be known as a voluntary	115661
contingency reserve balance, which shall not be greater than	115662
twenty-five per cent of the total amount of the levy estimated to	115663
be available for appropriation in such year.	115664

(2) A board of education may include in its budget for the	115665
fiscal year following the year in which a levy proposed under	115666
section 5705.194, 5705.199, 5705.21, 5705.213, or 5705.219, a	115667
property tax levy proposed under section 5748.09, or the original	115668
levy under section 5705.212 of the Revised Code is first extended	115669
on the tax list and duplicate an estimate of expenditures to be	115670
known as a voluntary contingency reserve balance, which shall not	115671
be greater than twenty per cent of the amount of the levy	115672
estimated to be available for appropriation in such year.	115673

(3) Except as provided in division (E)(4) of this section,	115674
the full amount of any reserve balance the board includes in its	115675
budget shall be retained by the county auditor and county	115676
treasurer out of the first semiannual settlement of taxes until	115677
the beginning of the next succeeding fiscal year, and thereupon,	115678
with the depository interest apportioned thereto, it shall be	115679
turned over to the board of education, to be used for the purposes	115680
of such fiscal year.	115681

(4) A board of education, by a two-thirds vote of all members	115682
of the board, may appropriate any amount withheld as a voluntary	115683
contingency reserve balance during the fiscal year for any lawful	115684
purpose, provided that prior to such appropriation the board of	115685
education has authorized the expenditure of all amounts	115686
appropriated for contingencies under section 5705.40 of the	115687
Revised Code. Upon request by the board of education, the county	115688
auditor shall draw a warrant on the district's account in the	115689
county treasury payable to the district in the amount requested.	115690

(F)(1) A board of education may include a spending reserve in	115691
its budget for fiscal years ending on or before June 30, 2002. The	115692
spending reserve shall consist of an estimate of expenditures not	115693
to exceed the district's spending reserve balance. A district's	115694
spending reserve balance is the amount by which the designated	115695
percentage of the district's estimated personal property taxes to	115696
be settled during the calendar year in which the fiscal year ends	115697
exceeds the estimated amount of personal property taxes to be so	115698
settled and received by the district during that fiscal year.	115699
Moneys from a spending reserve shall be appropriated in accordance	115700
with section 133.301 of the Revised Code.	115701

(2) For the purposes of computing a school district's	115702
spending reserve balance for a fiscal year, the designated	115703
percentage shall be as follows:	115704

Fiscal year ending in:	Designated percentage	115705
1998	50%	115706
1999	40%	115707
2000	30%	115708
2001	20%	115709
2002	10%	115710

(G) Except as otherwise provided in this division, the county	115711
budget commission shall not reduce the taxing authority of a	115712
subdivision as a result of the creation of a reserve balance	115713
account. Except as otherwise provided in this division, the county	115714
budget commission shall not consider the amount in a reserve	115715
balance account of a township, county, or municipal corporation as	115716
an unencumbered balance or as revenue for the purposes of division	115717
(E)(3) or (4) of section 5747.51 of the Revised Code. The county	115718
budget commission may require documentation of the reasonableness	115719
of the reserve balance held in any reserve balance account. The	115720
commission shall consider any amount in a reserve balance account	115721
that it determines to be unreasonable as unencumbered and as	115722
revenue for the purposes of section 5747.51 of the Revised Code	115723
and may take such amounts into consideration when determining	115724
whether to reduce the taxing authority of a subdivision.	115725

Sec. 5705.314. If the board of education of a city, local,	115726
or exempted village school district proposes to change its levy	115727
within the ten-mill limitation in a manner that will result in an	115728
increase in the amount of real property taxes levied by the board	115729
in the tax year the change takes effect, the board shall hold a	115730
public hearing solely on the proposal before adopting a resolution	115731
to implement the proposal. The board shall publish notice of the	115732
hearing in a newspaper of general circulation in the school	115733
district once a week for two consecutive weeks or as provided in	115734
section 7.16 of the Revised Code. The second publication shall be	115735
not less than ten nor more than thirty days before the date of the	115736
hearing~~. The~~, and the notice shall include the date, time, place,	115737
and subject of the hearing, and a statement that the change	115738
proposed by the board may result in an increase in the amount of	115739
real property taxes levied by the board. At the time the board	115740
submits the notice for publication, the board shall send a copy of	115741
the notice to the auditor of the county where the school district	115742
is located or, if the school district is located in more than one	115743
county, to the auditor of each of those counties.	115744

Sec. 5705.392. (A) A board of county commissioners may adopt	115745
as a part of its annual appropriation measure a spending plan, or	115746
in the case of an amended appropriation measure, an amended	115747
spending plan, setting forth a quarterly schedule of expenses and	115748
expenditures of all appropriations for the fiscal year from the	115749
county general fund. The spending plan shall be classified to set	115750
forth separately a quarterly schedule of expenses and expenditures	115751
for each office, department, and division, and within each, the	115752
amount appropriated for personal services. Each office,	115753
department, and division shall be limited in its expenses and	115754
expenditures of moneys appropriated from the general fund during	115755
any quarter by the schedule established in the spending plan. The	115756
schedule established in the spending plan shall serve as a	115757
limitation during a quarter on the making of contracts and giving	115758
of orders involving the expenditure of money during that quarter	115759
for purposes of division (D) of section 5705.41 of the Revised	115760
Code.	115761

(B)(1) A board of county commissioners, by resolution, may	115762
adopt a spending plan or an amended spending plan setting forth	115763
separately a quarterly schedule of expenses and expenditures of	115764
appropriations from any county fund, for the second half of a	115765
fiscal year and any subsequent fiscal year, for any county office,	115766
department, or division that has spent or encumbered more than	115767
six-tenths of the amount appropriated for personal services and	115768
payrolls during the first half of any fiscal year.	115769

(2) During any fiscal year, a board of county commissioners,	115770
by resolution, may adopt a spending plan or an amended spending	115771
plan setting forth separately a quarterly schedule of expenses and	115772
expenditures of appropriations from any county fund, for any	115773
county office, department, or division that, during the previous	115774
fiscal year, spent one hundred ten per cent or more of the total	115775
amount appropriated for personal services and payrolls by the	115776
board in its annual appropriation measure required by section	115777
5705.38 of the Revised Code. The spending plan or amended spending	115778
plan shall remain in effect two fiscal years, or until the county	115779
officer of the office for which the plan was adopted is no longer	115780
in office, including terms of office to which the county officer	115781
is re-elected, whichever is later.	115782

(3) At least thirty days before adopting a resolution under	115783
division (B)(1) or (2) of this section, the board of county	115784
commissioners shall provide written notice to each county office,	115785
department, or division for which it intends to adopt a spending	115786
plan or an amended spending plan. The notice shall be sent by	115787
regular first class mail or provided by personal service, and	115788
shall include a copy of the proposed spending plan or proposed	115789
amended spending plan. The county office, department, or division	115790
may meet with the board at any regular session of the board to	115791
comment on the notice, or to express concerns or ask questions	115792
about the proposed spending plan or proposed amended spending	115793
plan.	115794

Sec. 5705.412. (A) As used in this section, "qualifying	115795
contract" means any agreement for the expenditure of money under	115796
which aggregate payments from the funds included in the school	115797
district's five-year forecast under section 5705.391 of the	115798
Revised Code will exceed the lesser of the following amounts:	115799

(1) Five hundred thousand dollars;

115800

(2) One per cent of the total revenue to be credited in the	115801
current fiscal year to the district's general fund, as specified	115802
in the district's most recent certificate of estimated resources	115803
certified under section 5705.36 of the Revised Code.	115804

(B)(1) Notwithstanding section 5705.41 of the Revised Code,	115805
no school district shall adopt any appropriation measure, make any	115806
qualifying contract, or increase during any school year any wage	115807
or salary schedule unless there is attached thereto a certificate,	115808
signed as required by this section, that the school district has	115809
in effect the authorization to levy taxes including the renewal or	115810
replacement of existing levies which, when combined with the	115811
estimated revenue from all other sources available to the district	115812
at the time of certification, are sufficient to provide the	115813
operating revenues necessary to enable the district to maintain	115814
all personnel and programs for all the days set forth in its	115815
adopted school calendars for the current fiscal year and for a	115816
number of days in succeeding fiscal years equal to the number of	115817
days instruction was held or is scheduled for the current fiscal	115818
year, as follows:	115819

~~(1)~~(a) A certificate attached to an appropriation measure	115820
under this section shall cover only the fiscal year in which the	115821
appropriation measure is effective and shall not consider the	115822
renewal or replacement of an existing levy as the authority to	115823
levy taxes that are subject to appropriation in the current fiscal	115824
year unless the renewal or replacement levy has been approved by	115825
the electors and is subject to appropriation in the current fiscal	115826
year.	115827

~~(2)~~(b) A certificate attached, in accordance with this	115828
section, to any qualifying contract shall cover the term of the	115829
contract.	115830

~~(3)~~(c) A certificate attached under this section to a wage or	115831
salary schedule shall cover the term of the schedule.	115832

If the board of education has not adopted a school calendar	115833
for the school year beginning on the first day of the fiscal year	115834
in which a certificate is required, the certificate attached to an	115835
appropriation measure shall include the number of days on which	115836
instruction was held in the preceding fiscal year and other	115837
certificates required under this section shall include that number	115838
of days for the fiscal year in which the certificate is required	115839
and any succeeding fiscal years that the certificate must cover.	115840

The certificate shall be signed by the treasurer and	115841
president of the board of education and the superintendent of the	115842
school district, unless the district is in a state of fiscal	115843
emergency declared under Chapter 3316. of the Revised Code. In	115844
that case, the certificate shall be signed by a member of the	115845
district's financial planning and supervision commission who is	115846
designated by the commission for this purpose.	115847

(2) In lieu of the certificate required under division (B) of	115848
this section, an alternative certificate stating the following may	115849
be attached:	115850

(a) The contract is a multi-year contract for materials,	115851
equipment, or nonpayroll services essential to the education	115852
program of the district;	115853

(b) The multi-year contract demonstrates savings over the	115854
duration of the contract as compared to costs that otherwise would	115855
have been demonstrated in a single year contract, and the terms	115856
will allow the district to reduce the deficit it is currently	115857
facing in future years as demonstrated in its five-year forecast	115858
adopted in accordance with section 5705.391 of the Revised Code.	115859

The certificate shall be signed by the treasurer and	115860
president of the board of education and the superintendent of the	115861
school district, unless the district is in a state of fiscal	115862
emergency declared under Chapter 3316. of the Revised Code. In	115863
that case, the certificate shall be signed by a member of the	115864
district's financial planning and supervision commission who is	115865
designated by the commission for this purpose.	115866

(C) Every qualifying contract made or wage or salary schedule	115867
adopted or put into effect without such a certificate shall be	115868
void, and no payment of any amount due thereon shall be made.	115869

(D) The department of education and the auditor of state	115870
jointly shall adopt rules governing the methods by which	115871
treasurers, presidents of boards of education, superintendents,	115872
and members of financial planning and supervision commissions	115873
shall estimate revenue and determine whether such revenue is	115874
sufficient to provide necessary operating revenue for the purpose	115875
of making certifications required by this section.	115876

(E) The auditor of state shall be responsible for determining	115877
whether school districts are in compliance with this section. At	115878
the time a school district is audited pursuant to section 117.11	115879
of the Revised Code, the auditor of state shall review each	115880
certificate issued under this section since the district's last	115881
audit, and the appropriation measure, contract, or wage and salary	115882
schedule to which such certificate was attached. If the auditor of	115883
state determines that a school district has not complied with this	115884
section with respect to any qualifying contract or wage or salary	115885
schedule, the auditor of state shall notify the prosecuting	115886
attorney for the county, the city director of law, or other chief	115887
law officer of the school district. That officer may file a civil	115888
action in any court of appropriate jurisdiction to seek a	115889
declaration that the contract or wage or salary schedule is void,	115890
to recover for the school district from the payee the amount of	115891
payments already made under it, or both, except that the officer	115892
shall not seek to recover payments made under any collective	115893
bargaining agreement entered into under Chapter 4117. of the	115894
Revised Code. If the officer does not file such an action within	115895
one hundred twenty days after receiving notice of noncompliance	115896
from the auditor of state, any taxpayer may institute the action	115897
in the taxpayer's own name on behalf of the school district.	115898

(F) This section does not apply to any contract or increase	115899
in any wage or salary schedule that is necessary in order to	115900
enable a board of education to comply with division (B) of section	115901
3317.13 of the Revised Code, provided the contract or increase	115902
does not exceed the amount required to be paid to be in compliance	115903
with such division.	115904

(G) Any officer, employee, or other person who expends or	115905
authorizes the expenditure of any public funds or authorizes or	115906
executes any contract or schedule contrary to this section,	115907
expends or authorizes the expenditure of any public funds on the	115908
void contract or schedule, or issues a certificate under this	115909
section which contains any false statements is liable to the	115910
school district for the full amount paid from the district's funds	115911
on the contract or schedule. The officer, employee, or other	115912
person is jointly and severally liable in person and upon any	115913
official bond that the officer, employee, or other person has	115914
given to the school district to the extent of any payments on the	115915
void claim, not to exceed ten thousand dollars. However, no	115916
officer, employee, or other person shall be liable for a mistaken	115917
estimate of available resources made in good faith and based upon	115918
reasonable grounds. If an officer, employee, or other person is	115919
found to have complied with rules jointly adopted by the	115920
department of education and the auditor of state under this	115921
section governing methods by which revenue shall be estimated and	115922
determined sufficient to provide necessary operating revenue for	115923
the purpose of making certifications required by this section, the	115924
officer, employee, or other person shall not be liable under this	115925
section if the estimates and determinations made according to	115926
those rules do not, in fact, conform with actual revenue. The	115927
prosecuting attorney of the county, the city director of law, or	115928
other chief law officer of the district shall enforce this	115929
liability by civil action brought in any court of appropriate	115930
jurisdiction in the name of and on behalf of the school district.	115931
If the prosecuting attorney, city director of law, or other chief	115932
law officer of the district fails, upon the written request of any	115933
taxpayer, to institute action for the enforcement of the	115934
liability, the attorney general, or the taxpayer in the taxpayer's	115935
own name, may institute the action on behalf of the subdivision.	115936

(H) This section does not require the attachment of an	115937
additional certificate beyond that required by section 5705.41 of	115938
the Revised Code for current payrolls of, or contracts of	115939
employment with, any employees or officers of the school district.	115940

This section does not require the attachment of a certificate	115941
to a temporary appropriation measure if all of the following	115942
apply:	115943

(1) The amount appropriated does not exceed twenty-five per	115944
cent of the total amount from all sources available for	115945
expenditure from any fund during the preceding fiscal year;	115946

(2) The measure will not be in effect on or after the	115947
thirtieth day following the earliest date on which the district	115948
may pass an annual appropriation measure;	115949

(3) An amended official certificate of estimated resources	115950
for the current year, if required, has not been certified to the	115951
board of education under division (B) of section 5705.36 of the	115952
Revised Code.	115953

Sec. 5705.71. (A) The electors of a county may initiate the	115954
question of a tax levy for support of senior citizens services or	115955
facilities by the filing of a petition with the board of elections	115956
of that county not less than ninety days before the date of any	115957
primary or general election requesting that an election be held on	115958
such question. The petition shall be signed by at least ten per	115959
cent of the qualified electors residing in the county and voting	115960
for the office of governor at the last general election.	115961

(B) The petition shall state the purpose for which the senior	115962
citizens tax levy is being proposed, shall specify the amount of	115963
the proposed increase in rate, the period of time during which the	115964
increase is to be in effect, and whether the levy is to be imposed	115965
in the current year. The number of years may be any number not	115966
exceeding five, except that when the additional rate is for the	115967
payment of debt charges the increased rate shall be for the life	115968
of the indebtedness.	115969

(C) After determination by it that such petition is valid,	115970
the board of elections shall submit the question to the electors	115971
of the county at the succeeding primary or general election.	115972

(D) The election shall be conducted, canvassed, and certified	115973
in the same manner as regular elections in such county for county	115974
offices. Notice of the election shall be published in a newspaper	115975
of general circulation in the county once a week for two	115976
consecutive weeks, or as provided in section 7.16 of the Revised	115977
Code, prior to the election~~, and, if~~. If the board of elections	115978
operates and maintains a web site, the board of elections shall	115979
post notice of the election on its web site for thirty days prior	115980
to the election. The notice shall state the purpose, the amount of	115981
the proposed increase in rate, and the time and place of the	115982
election.	115983

(E) The form of the ballot cast at such election shall be	115984
prescribed by the secretary of state. If the tax is to be placed	115985
on the tax list of the current tax year, the form of the ballot	115986
shall include a statement to that effect and shall indicate the	115987
first calendar year the tax will be due. The question covered by	115988
such petition shall be submitted as a separate proposition but it	115989
may be printed on the same ballot with any other propositions	115990
submitted at the same election other than the election of	115991
officers.	115992

(F) If a majority of electors voting on the question vote in	115993
favor of the levy, the board of county commissioners shall levy a	115994
tax, for the period and the purpose stated within the petition. If	115995
the tax is to be placed upon the tax list of the current year, as	115996
specified in the petition, the result of the election shall be	115997
certified immediately after the canvass by the board of elections	115998
to the board of county commissioners, which shall forthwith make	115999
the necessary levy and certify it to the county auditor, who shall	116000
extend it on the tax list for collection. After the first year,	116001
the tax levy shall be included in the annual tax budget that is	116002
certified to the county budget commission.	116003

Sec. 5707.031. As used in this section, "qualifying dealer	116004
in intangibles" ~~has the same meaning as "qualifying dealer" in~~	116005
~~section 5725.24 of the Revised Code~~means a dealer in intangibles	116006
that is a qualifying dealer in intangibles as defined in section	116007
5733.45 of the Revised Code or a member of a qualifying controlled	116008
group, as defined in section 5733.04 of the Revised Code, of which	116009
an insurance company also is a member on the first day of January	116010
of the year in and for which the tax imposed by section 5707.03 of	116011
the Revised Code is required to be paid by the dealer.	116012

Upon the issuance of a tax credit certificate by the Ohio	116013
venture capital authority under section 150.07 of the Revised	116014
Code, a refundable credit may be claimed against the tax imposed	116015
on a qualifying dealer in intangibles under section 5707.03 and	116016
Chapter 5725. of the Revised Code. The credit shall be claimed on	116017
a return due under section 5725.14 of the Revised Code after the	116018
certificate is issued by the authority.	116019

Sec. 5709.07. (A) The following property shall be exempt	116020
from taxation:	116021

(1) ~~Public schoolhouses, the books and furniture in them, and~~	116022
~~the ground attached to them necessary for the proper occupancy,~~	116023
~~use, and enjoyment of the schoolhouses, and not leased or~~	116024
~~otherwise used with a view to profit;~~Real property used by a	116025
school for primary or secondary educational purposes, including	116026
only so much of the land as is necessary for the proper occupancy,	116027
use, and enjoyment of such real property by the school for primary	116028
or secondary educational purposes. The exemption under division	116029
(A)(1) of this section does not apply to any portion of the real	116030
property not used for primary or secondary educational purposes.	116031

For purposes of division (A)(1) of this section:

116032

(a) "School" means a public or nonpublic school. "School"	116033
excludes home instruction as authorized under section 3321.04 of	116034
the Revised Code.	116035

(b) "Public school" includes schools of a school district,	116036
STEM schools established under Chapter 3326. of the Revised Code,	116037
community schools established under Chapter 3314. of the Revised	116038
Code, and educational service centers established under section	116039
3311.05 of the Revised Code.	116040

(c) "Nonpublic school" means a nonpublic school for which the	116041
state board of education has issued a charter pursuant to section	116042
3301.16 of the Revised Code and prescribes minimum standards under	116043
division (D)(2) of section 3301.07 of the Revised Code.	116044

(2) Houses used exclusively for public worship, the books and	116045
furniture in them, and the ground attached to them that is not	116046
leased or otherwise used with a view to profit and that is	116047
necessary for their proper occupancy, use, and enjoyment;	116048

(3) Real property owned and operated by a church that is used	116049
primarily for church retreats or church camping, and that is not	116050
used as a permanent residence. Real property exempted under	116051
division (A)(3) of this section may be made available by the	116052
church on a limited basis to charitable and educational	116053
institutions if the property is not leased or otherwise made	116054
available with a view to profit.	116055

(4) Public colleges and academies and all buildings connected	116056
with them, and all lands connected with public institutions of	116057
learning, not used with a view to profit, including those	116058
buildings and lands that satisfy all of the following:	116059

(a) The buildings are used for housing for full-time students	116060
or housing-related facilities for students, faculty, or employees	116061
of a state university, or for other purposes related to the state	116062
university's educational purpose, and the lands are underneath the	116063
buildings or are used for common space, walkways, and green spaces	116064
for the state university's students, faculty, or employees. As	116065
used in this division, "housing-related facilities" includes both	116066
parking facilities related to the buildings and common buildings	116067
made available to students, faculty, or employees of a state	116068
university. The leasing of space in housing-related facilities	116069
shall not be considered an activity with a view to profit for	116070
purposes of division (A)(4) of this section.	116071

(b) The buildings and lands are supervised or otherwise under	116072
the control, directly or indirectly, of an organization that is	116073
exempt from federal income taxation under section 501(c)(3) of the	116074
Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as	116075
amended, and the state university has entered into a qualifying	116076
joint use agreement with the organization that entitles the	116077
students, faculty, or employees of the state university to use the	116078
lands or buildings;	116079

(c) The state university has agreed, under the terms of the	116080
qualifying joint use agreement with the organization described in	116081
division (A)(4)(b) of this section, that the state university, to	116082
the extent applicable under the agreement, will make payments to	116083
the organization in amounts sufficient to maintain agreed-upon	116084
debt service coverage ratios on bonds related to the lands or	116085
buildings.	116086

(B) This section shall not extend to leasehold estates or	116087
real property held under the authority of a college or university	116088
of learning in this state; but leaseholds, or other estates or	116089
property, real or personal, the rents, issues, profits, and income	116090
of which is given to a municipal corporation, school district, or	116091
subdistrict in this state exclusively for the use, endowment, or	116092
support of schools for the free education of youth without charge	116093
shall be exempt from taxation as long as such property, or the	116094
rents, issues, profits, or income of the property is used and	116095
exclusively applied for the support of free education by such	116096
municipal corporation, district, or subdistrict. Division (B) of	116097
this section shall not apply with respect to buildings and lands	116098
that satisfy all of the requirements specified in divisions	116099
(A)(4)(a) to (c) of this section.	116100

(C) For purposes of this section, if the requirements	116101
specified in divisions (A)(4)(a) to (c) of this section are	116102
satisfied, the buildings and lands with respect to which exemption	116103
is claimed under division (A)(4) of this section shall be deemed	116104
to be used with reasonable certainty in furthering or carrying out	116105
the necessary objects and purposes of a state university.	116106

(D) As used in this section:

116107

(1) "Church" means a fellowship of believers, congregation,	116108
society, corporation, convention, or association that is formed	116109
primarily or exclusively for religious purposes and that is not	116110
formed for the private profit of any person.	116111

(2) "State university" has the same meaning as in section	116112
3345.011 of the Revised Code.	116113

(3) "Qualifying joint use agreement" means an agreement that	116114
satisfies all of the following:	116115

(a) The agreement was entered into before June 30, 2004;

116116

(b) The agreement is between a state university and an	116117
organization that is exempt from federal income taxation under	116118
section 501(c)(3) of the Internal Revenue Code of 1986, 100 Stat.	116119
2085, 26 U.S.C. 1, as amended; and	116120

(c) The state university that is a party to the agreement	116121
reported to the Ohio board of regents that the university	116122
maintained a headcount of at least twenty-five thousand students	116123
on its main campus during the academic school year that began in	116124
calendar year 2003 and ended in calendar year 2004.	116125

Sec. 5709.084. Real and personal property comprising a	116126
convention center that is constructed or, in the case of personal	116127
property, acquired, after January 1, 2010, are exempt from	116128
taxation if the convention center is located in a county having a	116129
population, when construction of the convention center commences,	116130
of more than one million two hundred thousand according to the	116131
most recent federal decennial census, and if the convention	116132
center, or the land upon which the convention center is situated,	116133
is owned or leased by the county. For the purposes of this	116134
section, construction of the convention center commences upon the	116135
earlier of issuance of debt to finance all or a portion of the	116136
convention center, demolition of existing structures on the site,	116137
or grading of the site in preparation for construction.	116138

Real and personal property comprising a convention center	116139
owned by the largest city in a county having a population greater	116140
than seven hundred thousand but less than nine hundred thousand	116141
according to the most recent federal decennial census is exempt	116142
from taxation, regardless of whether the property is leased to or	116143
otherwise operated or managed by a person other than the city.	116144

As used in this section, "convention center" has the same	116145
meaning as in section 307.695 of the Revised Code.	116146

Sec. 5709.40. (A) As used in this section:

116147

(1) "Blighted area" and "impacted city" have the same	116148
meanings as in section 1728.01 of the Revised Code.	116149

(2) "Business day" means a day of the week excluding	116150
Saturday, Sunday, and a legal holiday as defined under section	116151
1.14 of the Revised Code.	116152

(3) "Housing renovation" means a project carried out for	116153
residential purposes.	116154

(4) "Improvement" means the increase in the assessed value of	116155
any real property that would first appear on the tax list and	116156
duplicate of real and public utility property after the effective	116157
date of an ordinance adopted under this section were it not for	116158
the exemption granted by that ordinance.	116159

(5) "Incentive district" means an area not more than three	116160
hundred acres in size enclosed by a continuous boundary in which a	116161
project is being, or will be, undertaken and having one or more of	116162
the following distress characteristics:	116163

(a) At least fifty-one per cent of the residents of the	116164
district have incomes of less than eighty per cent of the median	116165
income of residents of the political subdivision in which the	116166
district is located, as determined in the same manner specified	116167
under section 119(b) of the "Housing and Community Development Act	116168
of 1974," 88 Stat. 633, 42 U.S.C. 5318, as amended;	116169

(b) The average rate of unemployment in the district during	116170
the most recent twelve-month period for which data are available	116171
is equal to at least one hundred fifty per cent of the average	116172
rate of unemployment for this state for the same period.	116173

(c) At least twenty per cent of the people residing in the	116174
district live at or below the poverty level as defined in the	116175
federal Housing and Community Development Act of 1974, 42 U.S.C.	116176
5301, as amended, and regulations adopted pursuant to that act.	116177

(d) The district is a blighted area.

116178

(e) The district is in a situational distress area as	116179
designated by the director of development under division (F) of	116180
section 122.23 of the Revised Code.	116181

(f) As certified by the engineer for the political	116182
subdivision, the public infrastructure serving the district is	116183
inadequate to meet the development needs of the district as	116184
evidenced by a written economic development plan or urban renewal	116185
plan for the district that has been adopted by the legislative	116186
authority of the subdivision.	116187

(g) The district is comprised entirely of unimproved land	116188
that is located in a distressed area as defined in section 122.23	116189
of the Revised Code.	116190

(6) "Project" means development activities undertaken on one	116191
or more parcels, including, but not limited to, construction,	116192
expansion, and alteration of buildings or structures, demolition,	116193
remediation, and site development, and any building or structure	116194
that results from those activities.	116195

(7) "Public infrastructure improvement" includes, but is not	116196
limited to, public roads and highways; water and sewer lines;	116197
environmental remediation; land acquisition, including acquisition	116198
in aid of industry, commerce, distribution, or research;	116199
demolition, including demolition on private property when	116200
determined to be necessary for economic development purposes;	116201
stormwater and flood remediation projects, including such projects	116202
on private property when determined to be necessary for public	116203
health, safety, and welfare; the provision of gas, electric, and	116204
communications service facilities; and the enhancement of public	116205
waterways through improvements that allow for greater public	116206
access.	116207

(B) The legislative authority of a municipal corporation, by	116208
ordinance, may declare improvements to certain parcels of real	116209
property located in the municipal corporation to be a public	116210
purpose. Improvements with respect to a parcel that is used or to	116211
be used for residential purposes may be declared a public purpose	116212
under this division only if the parcel is located in a blighted	116213
area of an impacted city. Except with the approval under division	116214
(D) of this section of the board of education of each city, local,	116215
or exempted village school district within which the improvements	116216
are located, not more than seventy-five per cent of an improvement	116217
thus declared to be a public purpose may be exempted from real	116218
property taxation for a period of not more than ten years. The	116219
ordinance shall specify the percentage of the improvement to be	116220
exempted from taxation and the life of the exemption.	116221

An ordinance adopted or amended under this division shall	116222
designate the specific public infrastructure improvements made, to	116223
be made, or in the process of being made by the municipal	116224
corporation that directly benefit, or that once made will directly	116225
benefit, the parcels for which improvements are declared to be a	116226
public purpose. The service payments provided for in section	116227
5709.42 of the Revised Code shall be used to finance the public	116228
infrastructure improvements designated in the ordinance, for the	116229
purpose described in division (D)(1) of this section or as	116230
provided in section 5709.43 of the Revised Code.	116231

(C)(1) The legislative authority of a municipal corporation	116232
may adopt an ordinance creating an incentive district and	116233
declaring improvements to parcels within the district to be a	116234
public purpose and, except as provided in division (F) of this	116235
section, exempt from taxation as provided in this section, but no	116236
legislative authority of a municipal corporation that has a	116237
population that exceeds twenty-five thousand, as shown by the most	116238
recent federal decennial census, shall adopt an ordinance that	116239
creates an incentive district if the sum of the taxable value of	116240
real property in the proposed district for the preceding tax year	116241
and the taxable value of all real property in the municipal	116242
corporation that would have been taxable in the preceding year	116243
were it not for the fact that the property was in an existing	116244
incentive district and therefore exempt from taxation exceeds	116245
twenty-five per cent of the taxable value of real property in the	116246
municipal corporation for the preceding tax year. The ordinance	116247
shall delineate the boundary of the district and specifically	116248
identify each parcel within the district. A district may not	116249
include any parcel that is or has been exempted from taxation	116250
under division (B) of this section or that is or has been within	116251
another district created under this division. An ordinance may	116252
create more than one such district, and more than one ordinance	116253
may be adopted under division (C)(1) of this section.	116254

(2) Not later than thirty days prior to adopting an ordinance	116255
under division (C)(1) of this section, if the municipal	116256
corporation intends to apply for exemptions from taxation under	116257
section 5709.911 of the Revised Code on behalf of owners of real	116258
property located within the proposed incentive district, the	116259
legislative authority of a municipal corporation shall conduct a	116260
public hearing on the proposed ordinance. Not later than thirty	116261
days prior to the public hearing, the legislative authority shall	116262
give notice of the public hearing and the proposed ordinance by	116263
first class mail to every real property owner whose property is	116264
located within the boundaries of the proposed incentive district	116265
that is the subject of the proposed ordinance.	116266

(3)(a) An ordinance adopted under division (C)(1) of this	116267
section shall specify the life of the incentive district and the	116268
percentage of the improvements to be exempted, shall designate the	116269
public infrastructure improvements made, to be made, or in the	116270
process of being made, that benefit or serve, or, once made, will	116271
benefit or serve parcels in the district. The ordinance also shall	116272
identify one or more specific projects being, or to be, undertaken	116273
in the district that place additional demand on the public	116274
infrastructure improvements designated in the ordinance. The	116275
project identified may, but need not be, the project under	116276
division (C)(3)(b) of this section that places real property in	116277
use for commercial or industrial purposes. Except as otherwise	116278
permitted under that division, the service payments provided for	116279
in section 5709.42 of the Revised Code shall be used to finance	116280
the designated public infrastructure improvements, for the purpose	116281
described in division (D)(1) or (E) of this section, or as	116282
provided in section 5709.43 of the Revised Code.	116283

An ordinance adopted under division (C)(1) of this section on	116284
or after ~~the effective date of this amendment~~March 30, 2006,	116285
shall not designate police or fire equipment as public	116286
infrastructure improvements, and no service payment provided for	116287
in section 5709.42 of the Revised Code and received by the	116288
municipal corporation under the ordinance shall be used for police	116289
or fire equipment.	116290

(b) An ordinance adopted under division (C)(1) of this	116291
section may authorize the use of service payments provided for in	116292
section 5709.42 of the Revised Code for the purpose of housing	116293
renovations within the incentive district, provided that the	116294
ordinance also designates public infrastructure improvements that	116295
benefit or serve the district, and that a project within the	116296
district places real property in use for commercial or industrial	116297
purposes. Service payments may be used to finance or support	116298
loans, deferred loans, and grants to persons for the purpose of	116299
housing renovations within the district. The ordinance shall	116300
designate the parcels within the district that are eligible for	116301
housing renovation. The ordinance shall state separately the	116302
amounts or the percentages of the expected aggregate service	116303
payments that are designated for each public infrastructure	116304
improvement and for the general purpose of housing renovations.	116305

(4) Except with the approval of the board of education of	116306
each city, local, or exempted village school district within the	116307
territory of which the incentive district is or will be located,	116308
and subject to division (E) of this section, the life of an	116309
incentive district shall not exceed ten years, and the percentage	116310
of improvements to be exempted shall not exceed seventy-five per	116311
cent. With approval of the board of education, the life of a	116312
district may be not more than thirty years, and the percentage of	116313
improvements to be exempted may be not more than one hundred per	116314
cent. The approval of a board of education shall be obtained in	116315
the manner provided in division (D) of this section.	116316

(D)(1) If the ordinance declaring improvements to a parcel to	116317
be a public purpose or creating an incentive district specifies	116318
that payments in lieu of taxes provided for in section 5709.42 of	116319
the Revised Code shall be paid to the city, local, or exempted	116320
village, and joint vocational school district in which the parcel	116321
or incentive district is located in the amount of the taxes that	116322
would have been payable to the school district if the improvements	116323
had not been exempted from taxation, the percentage of the	116324
improvement that may be exempted from taxation may exceed	116325
seventy-five per cent, and the exemption may be granted for up to	116326
thirty years, without the approval of the board of education as	116327
otherwise required under division (D)(2) of this section.	116328

(2) Improvements with respect to a parcel may be exempted	116329
from taxation under division (B) of this section, and improvements	116330
to parcels within an incentive district may be exempted from	116331
taxation under division (C) of this section, for up to ten years	116332
or, with the approval under this paragraph of the board of	116333
education of the city, local, or exempted village school district	116334
within which the parcel or district is located, for up to thirty	116335
years. The percentage of the improvement exempted from taxation	116336
may, with such approval, exceed seventy-five per cent, but shall	116337
not exceed one hundred per cent. Not later than forty-five	116338
business days prior to adopting an ordinance under this section	116339
declaring improvements to be a public purpose that is subject to	116340
approval by a board of education under this division, the	116341
legislative authority shall deliver to the board of education a	116342
notice stating its intent to adopt an ordinance making that	116343
declaration. The notice regarding improvements with respect to a	116344
parcel under division (B) of this section shall identify the	116345
parcels for which improvements are to be exempted from taxation,	116346
provide an estimate of the true value in money of the	116347
improvements, specify the period for which the improvements would	116348
be exempted from taxation and the percentage of the improvement	116349
that would be exempted, and indicate the date on which the	116350
legislative authority intends to adopt the ordinance. The notice	116351
regarding improvements to parcels within an incentive district	116352
under division (C) of this section shall delineate the boundaries	116353
of the district, specifically identify each parcel within the	116354
district, identify each anticipated improvement in the district,	116355
provide an estimate of the true value in money of each such	116356
improvement, specify the life of the district and the percentage	116357
of improvements that would be exempted, and indicate the date on	116358
which the legislative authority intends to adopt the ordinance.	116359
The board of education, by resolution adopted by a majority of the	116360
board, may approve the exemption for the period or for the	116361
exemption percentage specified in the notice; may disapprove the	116362
exemption for the number of years in excess of ten, may disapprove	116363
the exemption for the percentage of the improvement to be exempted	116364
in excess of seventy-five per cent, or both; or may approve the	116365
exemption on the condition that the legislative authority and the	116366
board negotiate an agreement providing for compensation to the	116367
school district equal in value to a percentage of the amount of	116368
taxes exempted in the eleventh and subsequent years of the	116369
exemption period or, in the case of exemption percentages in	116370
excess of seventy-five per cent, compensation equal in value to a	116371
percentage of the taxes that would be payable on the portion of	116372
the improvement in excess of seventy-five per cent were that	116373
portion to be subject to taxation, or other mutually agreeable	116374
compensation. If an agreement is negotiated between the	116375
legislative authority and the board to compensate the school	116376
district for all or part of the taxes exempted, including	116377
agreements for payments in lieu of taxes under section 5709.42 of	116378
the Revised Code, the legislative authority shall compensate the	116379
joint vocational school district within which the parcel or	116380
district is located at the same rate and under the same terms	116381
received by the city, local, or exempted village school district.	116382

(3) The board of education shall certify its resolution to	116383
the legislative authority not later than fourteen days prior to	116384
the date the legislative authority intends to adopt the ordinance	116385
as indicated in the notice. If the board of education and the	116386
legislative authority negotiate a mutually acceptable compensation	116387
agreement, the ordinance may declare the improvements a public	116388
purpose for the number of years specified in the ordinance or, in	116389
the case of exemption percentages in excess of seventy-five per	116390
cent, for the exemption percentage specified in the ordinance. In	116391
either case, if the board and the legislative authority fail to	116392
negotiate a mutually acceptable compensation agreement, the	116393
ordinance may declare the improvements a public purpose for not	116394
more than ten years, and shall not exempt more than seventy-five	116395
per cent of the improvements from taxation. If the board fails to	116396
certify a resolution to the legislative authority within the time	116397
prescribed by this division, the legislative authority thereupon	116398
may adopt the ordinance and may declare the improvements a public	116399
purpose for up to thirty years, or, in the case of exemption	116400
percentages proposed in excess of seventy-five per cent, for the	116401
exemption percentage specified in the ordinance. The legislative	116402
authority may adopt the ordinance at any time after the board of	116403
education certifies its resolution approving the exemption to the	116404
legislative authority, or, if the board approves the exemption on	116405
the condition that a mutually acceptable compensation agreement be	116406
negotiated, at any time after the compensation agreement is agreed	116407
to by the board and the legislative authority.	116408

(4) If a board of education has adopted a resolution waiving	116409
its right to approve exemptions from taxation under this section	116410
and the resolution remains in effect, approval of exemptions by	116411
the board is not required under division (D) of this section. If a	116412
board of education has adopted a resolution allowing a legislative	116413
authority to deliver the notice required under division (D) of	116414
this section fewer than forty-five business days prior to the	116415
legislative authority's adoption of the ordinance, the legislative	116416
authority shall deliver the notice to the board not later than the	116417
number of days prior to such adoption as prescribed by the board	116418
in its resolution. If a board of education adopts a resolution	116419
waiving its right to approve agreements or shortening the	116420
notification period, the board shall certify a copy of the	116421
resolution to the legislative authority. If the board of education	116422
rescinds such a resolution, it shall certify notice of the	116423
rescission to the legislative authority.	116424

(5) If the legislative authority is not required by division	116425
(D) of this section to notify the board of education of the	116426
legislative authority's intent to declare improvements to be a	116427
public purpose, the legislative authority shall comply with the	116428
notice requirements imposed under section 5709.83 of the Revised	116429
Code, unless the board has adopted a resolution under that section	116430
waiving its right to receive such a notice.	116431

(E)(1) If a proposed ordinance under division (C)(1) of this	116432
section exempts improvements with respect to a parcel within an	116433
incentive district for more than ten years, or the percentage of	116434
the improvement exempted from taxation exceeds seventy-five per	116435
cent, not later than forty-five business days prior to adopting	116436
the ordinance the legislative authority of the municipal	116437
corporation shall deliver to the board of county commissioners of	116438
the county within which the incentive district will be located a	116439
notice that states its intent to adopt an ordinance creating an	116440
incentive district. The notice shall include a copy of the	116441
proposed ordinance, identify the parcels for which improvements	116442
are to be exempted from taxation, provide an estimate of the true	116443
value in money of the improvements, specify the period of time for	116444
which the improvements would be exempted from taxation, specify	116445
the percentage of the improvements that would be exempted from	116446
taxation, and indicate the date on which the legislative authority	116447
intends to adopt the ordinance.	116448

(2) The board of county commissioners, by resolution adopted	116449
by a majority of the board, may object to the exemption for the	116450
number of years in excess of ten, may object to the exemption for	116451
the percentage of the improvement to be exempted in excess of	116452
seventy-five per cent, or both. If the board of county	116453
commissioners objects, the board may negotiate a mutually	116454
acceptable compensation agreement with the legislative authority.	116455
In no case shall the compensation provided to the board exceed the	116456
property taxes ~~foregone~~forgone due to the exemption. If the board	116457
of county commissioners objects, and the board and legislative	116458
authority fail to negotiate a mutually acceptable compensation	116459
agreement, the ordinance adopted under division (C)(1) of this	116460
section shall provide to the board compensation in the eleventh	116461
and subsequent years of the exemption period equal in value to not	116462
more than fifty per cent of the taxes that would be payable to the	116463
county or, if the board's objection includes an objection to an	116464
exemption percentage in excess of seventy-five per cent,	116465
compensation equal in value to not more than fifty per cent of the	116466
taxes that would be payable to the county, on the portion of the	116467
improvement in excess of seventy-five per cent, were that portion	116468
to be subject to taxation. The board of county commissioners shall	116469
certify its resolution to the legislative authority not later than	116470
thirty days after receipt of the notice.	116471

(3) If the board of county commissioners does not object or	116472
fails to certify its resolution objecting to an exemption within	116473
thirty days after receipt of the notice, the legislative authority	116474
may adopt the ordinance, and no compensation shall be provided to	116475
the board of county commissioners. If the board timely certifies	116476
its resolution objecting to the ordinance, the legislative	116477
authority may adopt the ordinance at any time after a mutually	116478
acceptable compensation agreement is agreed to by the board and	116479
the legislative authority, or, if no compensation agreement is	116480
negotiated, at any time after the legislative authority agrees in	116481
the proposed ordinance to provide compensation to the board of	116482
fifty per cent of the taxes that would be payable to the county in	116483
the eleventh and subsequent years of the exemption period or on	116484
the portion of the improvement in excess of seventy-five per cent,	116485
were that portion to be subject to taxation.	116486

(F) Service payments in lieu of taxes that are attributable	116487
to any amount by which the effective tax rate of either a renewal	116488
levy with an increase or a replacement levy exceeds the effective	116489
tax rate of the levy renewed or replaced, or that are attributable	116490
to an additional levy, for a levy authorized by the voters for any	116491
of the following purposes on or after January 1, 2006, and which	116492
are provided pursuant to an ordinance creating an incentive	116493
district under division (C)(1) of this section that is adopted on	116494
or after January 1, 2006, shall be distributed to the appropriate	116495
taxing authority as required under division (C) of section 5709.42	116496
of the Revised Code in an amount equal to the amount of taxes from	116497
that additional levy or from the increase in the effective tax	116498
rate of such renewal or replacement levy that would have been	116499
payable to that taxing authority from the following levies were it	116500
not for the exemption authorized under division (C) of this	116501
section:	116502

(1) A tax levied under division (L) of section 5705.19 or	116503
section 5705.191 of the Revised Code for community mental	116504
retardation and developmental disabilities programs and services	116505
pursuant to Chapter 5126. of the Revised Code;	116506

(2) A tax levied under division (Y) of section 5705.19 of the	116507
Revised Code for providing or maintaining senior citizens services	116508
or facilities;	116509

(3) A tax levied under section 5705.22 of the Revised Code	116510
for county hospitals;	116511

(4) A tax levied by a joint-county district or by a county	116512
under section 5705.19, 5705.191, or 5705.221 of the Revised Code	116513
for alcohol, drug addiction, and mental health services or	116514
facilities;	116515

(5) A tax levied under section 5705.23 of the Revised Code	116516
for library purposes;	116517

(6) A tax levied under section 5705.24 of the Revised Code	116518
for the support of children services and the placement and care of	116519
children;	116520

(7) A tax levied under division (Z) of section 5705.19 of the	116521
Revised Code for the provision and maintenance of zoological park	116522
services and facilities under section 307.76 of the Revised Code;	116523

(8) A tax levied under section 511.27 or division (H) of	116524
section 5705.19 of the Revised Code for the support of township	116525
park districts;	116526

(9) A tax levied under division (A), (F), or (H) of section	116527
5705.19 of the Revised Code for parks and recreational purposes of	116528
a joint recreation district organized pursuant to division (B) of	116529
section 755.14 of the Revised Code;	116530

(10) A tax levied under section 1545.20 or 1545.21 of the	116531
Revised Code for park district purposes;	116532

(11) A tax levied under section 5705.191 of the Revised Code	116533
for the purpose of making appropriations for public assistance;	116534
human or social services; public relief; public welfare; public	116535
health and hospitalization; and support of general hospitals;	116536

(12) A tax levied under section 3709.29 of the Revised Code	116537
for a general health district program.	116538

(G) An exemption from taxation granted under this section	116539
commences with the tax year specified in the ordinance so long as	116540
the year specified in the ordinance commences after the effective	116541
date of the ordinance. If the ordinance specifies a year	116542
commencing before the effective date of the resolution or	116543
specifies no year whatsoever, the exemption commences with the tax	116544
year in which an exempted improvement first appears on the tax	116545
list and duplicate of real and public utility property and that	116546
commences after the effective date of the ordinance. Except as	116547
otherwise provided in this division, the exemption ends on the	116548
date specified in the ordinance as the date the improvement ceases	116549
to be a public purpose or the incentive district expires, or ends	116550
on the date on which the public infrastructure improvements and	116551
housing renovations are paid in full from the municipal public	116552
improvement tax increment equivalent fund established under	116553
division (A) of section 5709.43 of the Revised Code, whichever	116554
occurs first. The exemption of an improvement with respect to a	116555
parcel or within an incentive district may end on a later date, as	116556
specified in the ordinance, if the legislative authority and the	116557
board of education of the city, local, or exempted village school	116558
district within which the parcel or district is located have	116559
entered into a compensation agreement under section 5709.82 of the	116560
Revised Code with respect to the improvement, and the board of	116561
education has approved the term of the exemption under division	116562
(D)(2) of this section, but in no case shall the improvement be	116563
exempted from taxation for more than thirty years. Exemptions	116564
shall be claimed and allowed in the same manner as in the case of	116565
other real property exemptions. If an exemption status changes	116566
during a year, the procedure for the apportionment of the taxes	116567
for that year is the same as in the case of other changes in tax	116568
exemption status during the year.	116569

(H) Additional municipal financing of public infrastructure	116570
improvements and housing renovations may be provided by any	116571
methods that the municipal corporation may otherwise use for	116572
financing such improvements or renovations. If the municipal	116573
corporation issues bonds or notes to finance the public	116574
infrastructure improvements and housing renovations and pledges	116575
money from the municipal public improvement tax increment	116576
equivalent fund to pay the interest on and principal of the bonds	116577
or notes, the bonds or notes are not subject to Chapter 133. of	116578
the Revised Code.	116579

(I) The municipal corporation, not later than fifteen days	116580
after the adoption of an ordinance under this section, shall	116581
submit to the director of development a copy of the ordinance. On	116582
or before the thirty-first day of March of each year, the	116583
municipal corporation shall submit a status report to the director	116584
of development. The report shall indicate, in the manner	116585
prescribed by the director, the progress of the project during	116586
each year that an exemption remains in effect, including a summary	116587
of the receipts from service payments in lieu of taxes;	116588
expenditures of money from the funds created under section 5709.43	116589
of the Revised Code; a description of the public infrastructure	116590
improvements and housing renovations financed with such	116591
expenditures; and a quantitative summary of changes in employment	116592
and private investment resulting from each project.	116593

(J) Nothing in this section shall be construed to prohibit a	116594
legislative authority from declaring to be a public purpose	116595
improvements with respect to more than one parcel.	116596

Sec. 5709.41. (A) As used in this section:

116597

(1) "Business day" means a day of the week excluding	116598
Saturday, Sunday, and a legal holiday as defined under section	116599
1.14 of the Revised Code.	116600

(2) "Improvement" means the increase in assessed value of any	116601
parcel of property subsequent to the acquisition of the parcel by	116602
a municipal corporation engaged in urban redevelopment.	116603

(B) The legislative authority of a municipal corporation, by	116604
ordinance, may declare to be a public purpose any improvement to a	116605
parcel of real property if both of the following apply:	116606

(1) The municipal corporation held fee title to the parcel	116607
prior to the adoption of the ordinance;	116608

(2) The parcel is leased, or the fee of the parcel is	116609
conveyed, to any person either before or after adoption of the	116610
ordinance.	116611

Improvements used or to be used for residential purposes may	116612
be declared a public purpose under this section only if the parcel	116613
is located in a blighted area of an impacted city as those terms	116614
are defined in section 1728.01 of the Revised Code.	116615

(C) Except as otherwise provided in division (C)(1), (2), or	116616
(3) of this section, not more than seventy-five per cent of an	116617
improvement thus declared to be a public purpose may be exempted	116618
from real property taxation. The ordinance shall specify the	116619
percentage of the improvement to be exempted from taxation.	116620

(1) If the ordinance declaring improvements to a parcel to be	116621
a public purpose specifies that payments in lieu of taxes provided	116622
for in section 5709.42 of the Revised Code shall be paid to the	116623
city, local, or exempted village school district in which the	116624
parcel is located in the amount of the taxes that would have been	116625
payable to the school district if the improvements had not been	116626
exempted from taxation, the percentage of the improvement that may	116627
be exempted from taxation may exceed seventy-five per cent, and	116628
the exemption may be granted for up to thirty years, without the	116629
approval of the board of education as otherwise required under	116630
division (C)(2) of this section.	116631

(2) Improvements may be exempted from taxation for up to ten	116632
years or, with the approval of the board of education of the city,	116633
local, or exempted village school district within the territory of	116634
which the improvements are or will be located, for up to thirty	116635
years. The percentage of the improvement exempted from taxation	116636
may, with such approval, exceed seventy-five per cent, but shall	116637
not exceed one hundred per cent. Not later than forty-five	116638
business days prior to adopting an ordinance under this section,	116639
the legislative authority shall deliver to the board of education	116640
a notice stating its intent to declare improvements to be a public	116641
purpose under this section. The notice shall describe the parcel	116642
and the improvements, provide an estimate of the true value in	116643
money of the improvements, specify the period for which the	116644
improvements would be exempted from taxation and the percentage of	116645
the improvements that would be exempted, and indicate the date on	116646
which the legislative authority intends to adopt the ordinance.	116647
The board of education, by resolution adopted by a majority of the	116648
board, may approve the exemption for the period or for the	116649
exemption percentage specified in the notice, may disapprove the	116650
exemption for the number of years in excess of ten, may disapprove	116651
the exemption for the percentage of the improvements to be	116652
exempted in excess of seventy-five per cent, or both, or may	116653
approve the exemption on the condition that the legislative	116654
authority and the board negotiate an agreement providing for	116655
compensation to the school district equal in value to a percentage	116656
of the amount of taxes exempted in the eleventh and subsequent	116657
years of the exemption period, or, in the case of exemption	116658
percentages in excess of seventy-five per cent, compensation equal	116659
in value to a percentage of the taxes that would be payable on the	116660
portion of the improvement in excess of seventy-five per cent were	116661
that portion to be subject to taxation. The board of education	116662
shall certify its resolution to the legislative authority not	116663
later than fourteen days prior to the date the legislative	116664
authority intends to adopt the ordinance as indicated in the	116665
notice. If the board of education approves the exemption on the	116666
condition that a compensation agreement be negotiated, the board	116667
in its resolution shall propose a compensation percentage. If the	116668
board of education and the legislative authority negotiate a	116669
mutually acceptable compensation agreement, the ordinance may	116670
declare the improvements a public purpose for the number of years	116671
specified in the ordinance or, in the case of exemption	116672
percentages in excess of seventy-five per cent, for the exemption	116673
percentage specified in the ordinance. In either case, if the	116674
board and the legislative authority fail to negotiate a mutually	116675
acceptable compensation agreement, the ordinance may declare the	116676
improvements a public purpose for not more than ten years, but	116677
shall not exempt more than seventy-five per cent of the	116678
improvements from taxation. If the board fails to certify a	116679
resolution to the legislative authority within the time prescribed	116680
by this division, the legislative authority thereupon may adopt	116681
the ordinance and may declare the improvements a public purpose	116682
for up to thirty years. The legislative authority may adopt the	116683
ordinance at any time after the board of education certifies its	116684
resolution approving the exemption to the legislative authority,	116685
or, if the board approves the exemption on the condition that a	116686
mutually acceptable compensation agreement be negotiated, at any	116687
time after the compensation agreement is agreed to by the board	116688
and the legislative authority. If a mutually acceptable	116689
compensation agreement is negotiated between the legislative	116690
authority and the board, including agreements for payments in lieu	116691
of taxes under section 5709.42 of the Revised Code, the	116692
legislative authority shall compensate the joint vocational school	116693
district within the territory of which the improvements are or	116694
will be located at the same rate and under the same terms received	116695
by the city, local, or exempted village school district.	116696

(3) If a board of education has adopted a resolution waiving	116697
its right to approve exemptions from taxation and the resolution	116698
remains in effect, approval of exemptions by the board is not	116699
required under this division. If a board of education has adopted	116700
a resolution allowing a legislative authority to deliver the	116701
notice required under this division fewer than forty-five business	116702
days prior to the legislative authority's adoption of the	116703
ordinance, the legislative authority shall deliver the notice to	116704
the board not later than the number of days prior to such adoption	116705
as prescribed by the board in its resolution. If a board of	116706
education adopts a resolution waiving its right to approve	116707
exemptions or shortening the notification period, the board shall	116708
certify a copy of the resolution to the legislative authority. If	116709
the board of education rescinds such a resolution, it shall	116710
certify notice of the rescission to the legislative authority.	116711

(4) If the legislative authority is not required by division	116712
(C)(1), (2), or (3) of this section to notify the board of	116713
education of the legislative authority's intent to declare	116714
improvements to be a public purpose, the legislative authority	116715
shall comply with the notice requirements imposed under section	116716
5709.83 of the Revised Code, unless the board has adopted a	116717
resolution under that section waiving its right to receive such a	116718
notice.	116719

(D) The exemption commences on the effective date of the	116720
ordinance and ends on the date specified in the ordinance as the	116721
date the improvement ceases to be a public purpose. The exemption	116722
shall be claimed and allowed in the same or a similar manner as in	116723
the case of other real property exemptions. If an exemption status	116724
changes during a tax year, the procedure for the apportionment of	116725
the taxes for that year is the same as in the case of other	116726
changes in tax exemption status during the year.	116727

(E) A municipal corporation, not later than fifteen days	116728
after the adoption of an ordinance granting a tax exemption under	116729
this section, shall submit to the director of development a copy	116730
of the ordinance. On or before the thirty-first day of March each	116731
year, the municipal corporation shall submit a status report to	116732
the director of development outlining the progress of the project	116733
during each year that the exemption remains in effect.	116734

Sec. 5709.62. (A) In any municipal corporation that is	116735
defined by the United States office of management and budget as a	116736
principal city of a metropolitan statistical area, the legislative	116737
authority of the municipal corporation may designate one or more	116738
areas within its municipal corporation as proposed enterprise	116739
zones. Upon designating an area, the legislative authority shall	116740
petition the director of development for certification of the area	116741
as having the characteristics set forth in division (A)(1) of	116742
section 5709.61 of the Revised Code as amended by Substitute	116743
Senate Bill No. 19 of the 120th general assembly. Except as	116744
otherwise provided in division (E) of this section, on and after	116745
July 1, 1994, legislative authorities shall not enter into	116746
agreements under this section unless the legislative authority has	116747
petitioned the director and the director has certified the zone	116748
under this section as amended by that act; however, all agreements	116749
entered into under this section as it existed prior to July 1,	116750
1994, and the incentives granted under those agreements shall	116751
remain in effect for the period agreed to under those agreements.	116752
Within sixty days after receiving such a petition, the director	116753
shall determine whether the area has the characteristics set forth	116754
in division (A)(1) of section 5709.61 of the Revised Code, and	116755
shall forward the findings to the legislative authority of the	116756
municipal corporation. If the director certifies the area as	116757
having those characteristics, and thereby certifies it as a zone,	116758
the legislative authority may enter into an agreement with an	116759
enterprise under division (C) of this section.	116760

(B) Any enterprise that wishes to enter into an agreement	116761
with a municipal corporation under division (C) of this section	116762
shall submit a proposal to the legislative authority of the	116763
municipal corporation on a form prescribed by the director of	116764
development, together with the application fee established under	116765
section 5709.68 of the Revised Code. The form shall require the	116766
following information:	116767

(1) An estimate of the number of new employees whom the	116768
enterprise intends to hire, or of the number of employees whom the	116769
enterprise intends to retain, within the zone at a facility that	116770
is a project site, and an estimate of the amount of payroll of the	116771
enterprise attributable to these employees;	116772

(2) An estimate of the amount to be invested by the	116773
enterprise to establish, expand, renovate, or occupy a facility,	116774
including investment in new buildings, additions or improvements	116775
to existing buildings, machinery, equipment, furniture, fixtures,	116776
and inventory;	116777

(3) A listing of the enterprise's current investment, if any,	116778
in a facility as of the date of the proposal's submission.	116779

The enterprise shall review and update the listings required	116780
under this division to reflect material changes, and any agreement	116781
entered into under division (C) of this section shall set forth	116782
final estimates and listings as of the time the agreement is	116783
entered into. The legislative authority may, on a separate form	116784
and at any time, require any additional information necessary to	116785
determine whether an enterprise is in compliance with an agreement	116786
and to collect the information required to be reported under	116787
section 5709.68 of the Revised Code.	116788

(C) Upon receipt and investigation of a proposal under	116789
division (B) of this section, if the legislative authority finds	116790
that the enterprise submitting the proposal is qualified by	116791
financial responsibility and business experience to create and	116792
preserve employment opportunities in the zone and improve the	116793
economic climate of the municipal corporation, the legislative	116794
authority, on or before October 15, ~~2011~~2012, may do one of the	116795
following:	116796

(1) Enter into an agreement with the enterprise under which	116797
the enterprise agrees to establish, expand, renovate, or occupy a	116798
facility and hire new employees, or preserve employment	116799
opportunities for existing employees, in return for one or more of	116800
the following incentives:	116801

(a) Exemption for a specified number of years, not to exceed	116802
fifteen, of a specified portion, up to seventy-five per cent, of	116803
the assessed value of tangible personal property first used in	116804
business at the project site as a result of the agreement. If an	116805
exemption for inventory is specifically granted in the agreement	116806
pursuant to this division, the exemption applies to inventory	116807
required to be listed pursuant to sections 5711.15 and 5711.16 of	116808
the Revised Code, except that, in the instance of an expansion or	116809
other situations in which an enterprise was in business at the	116810
facility prior to the establishment of the zone, the inventory	116811
that is exempt is that amount or value of inventory in excess of	116812
the amount or value of inventory required to be listed in the	116813
personal property tax return of the enterprise in the return for	116814
the tax year in which the agreement is entered into.	116815

(b) Exemption for a specified number of years, not to exceed	116816
fifteen, of a specified portion, up to seventy-five per cent, of	116817
the increase in the assessed valuation of real property	116818
constituting the project site subsequent to formal approval of the	116819
agreement by the legislative authority;	116820

(c) Provision for a specified number of years, not to exceed	116821
fifteen, of any optional services or assistance that the municipal	116822
corporation is authorized to provide with regard to the project	116823
site.	116824

(2) Enter into an agreement under which the enterprise agrees	116825
to remediate an environmentally contaminated facility, to spend an	116826
amount equal to at least two hundred fifty per cent of the true	116827
value in money of the real property of the facility prior to	116828
remediation as determined for the purposes of property taxation to	116829
establish, expand, renovate, or occupy the remediated facility,	116830
and to hire new employees or preserve employment opportunities for	116831
existing employees at the remediated facility, in return for one	116832
or more of the following incentives:	116833

(a) Exemption for a specified number of years, not to exceed	116834
fifteen, of a specified portion, not to exceed fifty per cent, of	116835
the assessed valuation of the real property of the facility prior	116836
to remediation;	116837

(b) Exemption for a specified number of years, not to exceed	116838
fifteen, of a specified portion, not to exceed one hundred per	116839
cent, of the increase in the assessed valuation of the real	116840
property of the facility during or after remediation;	116841

(c) The incentive under division (C)(1)(a) of this section,	116842
except that the percentage of the assessed value of such property	116843
exempted from taxation shall not exceed one hundred per cent;	116844

(d) The incentive under division (C)(1)(c) of this section.

116845

(3) Enter into an agreement with an enterprise that plans to	116846
purchase and operate a large manufacturing facility that has	116847
ceased operation or announced its intention to cease operation, in	116848
return for exemption for a specified number of years, not to	116849
exceed fifteen, of a specified portion, up to one hundred per	116850
cent, of the assessed value of tangible personal property used in	116851
business at the project site as a result of the agreement, or of	116852
the assessed valuation of real property constituting the project	116853
site, or both.	116854

(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this	116855
section, the portion of the assessed value of tangible personal	116856
property or of the increase in the assessed valuation of real	116857
property exempted from taxation under those divisions may exceed	116858
seventy-five per cent in any year for which that portion is	116859
exempted if the average percentage exempted for all years in which	116860
the agreement is in effect does not exceed sixty per cent, or if	116861
the board of education of the city, local, or exempted village	116862
school district within the territory of which the property is or	116863
will be located approves a percentage in excess of seventy-five	116864
per cent.	116865

(2) Notwithstanding any provision of the Revised Code to the	116866
contrary, the exemptions described in divisions (C)(1)(a), (b),	116867
and (c), (C)(2)(a), (b), and (c), and (C)(3) of this section may	116868
be for up to fifteen years if the board of education of the city,	116869
local, or exempted village school district within the territory of	116870
which the property is or will be located approves a number of	116871
years in excess of ten.	116872

(3) For the purpose of obtaining the approval of a city,	116873
local, or exempted village school district under division (D)(1)	116874
or (2) of this section, the legislative authority shall deliver to	116875
the board of education a notice not later than forty-five days	116876
prior to approving the agreement, excluding Saturdays, Sundays,	116877
and legal holidays as defined in section 1.14 of the Revised Code.	116878
The notice shall state the percentage to be exempted, an estimate	116879
of the true value of the property to be exempted, and the number	116880
of years the property is to be exempted. The board of education,	116881
by resolution adopted by a majority of the board, shall approve or	116882
disapprove the agreement and certify a copy of the resolution to	116883
the legislative authority not later than fourteen days prior to	116884
the date stipulated by the legislative authority as the date upon	116885
which approval of the agreement is to be formally considered by	116886
the legislative authority. The board of education may include in	116887
the resolution conditions under which the board would approve the	116888
agreement, including the execution of an agreement to compensate	116889
the school district under division (B) of section 5709.82 of the	116890
Revised Code. The legislative authority may approve the agreement	116891
at any time after the board of education certifies its resolution	116892
approving the agreement to the legislative authority, or, if the	116893
board approves the agreement conditionally, at any time after the	116894
conditions are agreed to by the board and the legislative	116895
authority.	116896

If a board of education has adopted a resolution waiving its	116897
right to approve agreements and the resolution remains in effect,	116898
approval of an agreement by the board is not required under this	116899
division. If a board of education has adopted a resolution	116900
allowing a legislative authority to deliver the notice required	116901
under this division fewer than forty-five business days prior to	116902
the legislative authority's approval of the agreement, the	116903
legislative authority shall deliver the notice to the board not	116904
later than the number of days prior to such approval as prescribed	116905
by the board in its resolution. If a board of education adopts a	116906
resolution waiving its right to approve agreements or shortening	116907
the notification period, the board shall certify a copy of the	116908
resolution to the legislative authority. If the board of education	116909
rescinds such a resolution, it shall certify notice of the	116910
rescission to the legislative authority.	116911

(4) The legislative authority shall comply with section	116912
5709.83 of the Revised Code unless the board of education has	116913
adopted a resolution under that section waiving its right to	116914
receive such notice.	116915

(E) This division applies to zones certified by the director	116916
of development under this section prior to July 22, 1994.	116917

On or before October 15, ~~2011~~2012, the legislative authority	116918
that designated a zone to which this division applies may enter	116919
into an agreement with an enterprise if the legislative authority	116920
finds that the enterprise satisfies one of the criteria described	116921
in divisions (E)(1) to (5) of this section:	116922

(1) The enterprise currently has no operations in this state	116923
and, subject to approval of the agreement, intends to establish	116924
operations in the zone;	116925

(2) The enterprise currently has operations in this state	116926
and, subject to approval of the agreement, intends to establish	116927
operations at a new location in the zone that would not result in	116928
a reduction in the number of employee positions at any of the	116929
enterprise's other locations in this state;	116930

(3) The enterprise, subject to approval of the agreement,	116931
intends to relocate operations, currently located in another	116932
state, to the zone;	116933

(4) The enterprise, subject to approval of the agreement,	116934
intends to expand operations at an existing site in the zone that	116935
the enterprise currently operates;	116936

(5) The enterprise, subject to approval of the agreement,	116937
intends to relocate operations, currently located in this state,	116938
to the zone, and the director of development has issued a waiver	116939
for the enterprise under division (B) of section 5709.633 of the	116940
Revised Code.	116941

The agreement shall require the enterprise to agree to	116942
establish, expand, renovate, or occupy a facility in the zone and	116943
hire new employees, or preserve employment opportunities for	116944
existing employees, in return for one or more of the incentives	116945
described in division (C) of this section.	116946

(F) All agreements entered into under this section shall be	116947
in the form prescribed under section 5709.631 of the Revised Code.	116948
After an agreement is entered into under this section, if the	116949
legislative authority revokes its designation of a zone, or if the	116950
director of development revokes a zone's certification, any	116951
entitlements granted under the agreement shall continue for the	116952
number of years specified in the agreement.	116953

(G) Except as otherwise provided in this division, an	116954
agreement entered into under this section shall require that the	116955
enterprise pay an annual fee equal to the greater of one per cent	116956
of the dollar value of incentives offered under the agreement or	116957
five hundred dollars; provided, however, that if the value of the	116958
incentives exceeds two hundred fifty thousand dollars, the fee	116959
shall not exceed two thousand five hundred dollars. The fee shall	116960
be payable to the legislative authority once per year for each	116961
year the agreement is effective on the days and in the form	116962
specified in the agreement. Fees paid shall be deposited in a	116963
special fund created for such purpose by the legislative authority	116964
and shall be used by the legislative authority exclusively for the	116965
purpose of complying with section 5709.68 of the Revised Code and	116966
by the tax incentive review council created under section 5709.85	116967
of the Revised Code exclusively for the purposes of performing the	116968
duties prescribed under that section. The legislative authority	116969
may waive or reduce the amount of the fee charged against an	116970
enterprise, but such a waiver or reduction does not affect the	116971
obligations of the legislative authority or the tax incentive	116972
review council to comply with section 5709.68 or 5709.85 of the	116973
Revised Code.	116974

(H) When an agreement is entered into pursuant to this	116975
section, the legislative authority authorizing the agreement shall	116976
forward a copy of the agreement to the director of development and	116977
to the tax commissioner within fifteen days after the agreement is	116978
entered into. If any agreement includes terms not provided for in	116979
section 5709.631 of the Revised Code affecting the revenue of a	116980
city, local, or exempted village school district or causing	116981
revenue to be forgone by the district, including any compensation	116982
to be paid to the school district pursuant to section 5709.82 of	116983
the Revised Code, those terms also shall be forwarded in writing	116984
to the director of development along with the copy of the	116985
agreement forwarded under this division.	116986

(I) After an agreement is entered into, the enterprise shall	116987
file with each personal property tax return required to be filed,	116988
or annual report required to be filed under section 5727.08 of the	116989
Revised Code, while the agreement is in effect, an informational	116990
return, on a form prescribed by the tax commissioner for that	116991
purpose, setting forth separately the property, and related costs	116992
and values, exempted from taxation under the agreement.	116993

(J) Enterprises may agree to give preference to residents of	116994
the zone within which the agreement applies relative to residents	116995
of this state who do not reside in the zone when hiring new	116996
employees under the agreement.	116997

(K) An agreement entered into under this section may include	116998
a provision requiring the enterprise to create one or more	116999
temporary internship positions for students enrolled in a course	117000
of study at a school or other educational institution in the	117001
vicinity, and to create a scholarship or provide another form of	117002
educational financial assistance for students holding such a	117003
position in exchange for the student's commitment to work for the	117004
enterprise at the completion of the internship.	117005

(L) The tax commissioner's authority in determining the	117006
accuracy of any exemption granted by an agreement entered into	117007
under this section is limited to divisions (C)(1)(a) and (b),	117008
(C)(2)(a), (b), and (c), (C)(3), (D), and (I) of this section and	117009
divisions (B)(1) to (10) of section 5709.631 of the Revised Code	117010
and, as authorized by law, to enforcing any modification to, or	117011
revocation of, that agreement by the legislative authority of a	117012
municipal corporation or the director of development.	117013

Sec. 5709.63. (A) With the consent of the legislative	117014
authority of each affected municipal corporation or of a board of	117015
township trustees, a board of county commissioners may, in the	117016
manner set forth in section 5709.62 of the Revised Code, designate	117017
one or more areas in one or more municipal corporations or in	117018
unincorporated areas of the county as proposed enterprise zones. A	117019
board of county commissioners may designate no more than one area	117020
within a township, or within adjacent townships, as a proposed	117021
enterprise zone. The board shall petition the director of	117022
development for certification of the area as having the	117023
characteristics set forth in division (A)(1) or (2) of section	117024
5709.61 of the Revised Code as amended by Substitute Senate Bill	117025
No. 19 of the 120th general assembly. Except as otherwise provided	117026
in division (D) of this section, on and after July 1, 1994, boards	117027
of county commissioners shall not enter into agreements under this	117028
section unless the board has petitioned the director and the	117029
director has certified the zone under this section as amended by	117030
that act; however, all agreements entered into under this section	117031
as it existed prior to July 1, 1994, and the incentives granted	117032
under those agreements shall remain in effect for the period	117033
agreed to under those agreements. The director shall make the	117034
determination in the manner provided under section 5709.62 of the	117035
Revised Code.	117036

Any enterprise wishing to enter into an agreement with the	117037
board under division (B) or (D) of this section shall submit a	117038
proposal to the board on the form and accompanied by the	117039
application fee prescribed under division (B) of section 5709.62	117040
of the Revised Code. The enterprise shall review and update the	117041
estimates and listings required by the form in the manner required	117042
under that division. The board may, on a separate form and at any	117043
time, require any additional information necessary to determine	117044
whether an enterprise is in compliance with an agreement and to	117045
collect the information required to be reported under section	117046
5709.68 of the Revised Code.	117047

(B) If the board of county commissioners finds that an	117048
enterprise submitting a proposal is qualified by financial	117049
responsibility and business experience to create and preserve	117050
employment opportunities in the zone and to improve the economic	117051
climate of the municipal corporation or municipal corporations or	117052
the unincorporated areas in which the zone is located and to which	117053
the proposal applies, the board, on or before October 15, ~~2011~~	117054
2012, and with the consent of the legislative authority of each	117055
affected municipal corporation or of the board of township	117056
trustees may do either of the following:	117057

(1) Enter into an agreement with the enterprise under which	117058
the enterprise agrees to establish, expand, renovate, or occupy a	117059
facility in the zone and hire new employees, or preserve	117060
employment opportunities for existing employees, in return for the	117061
following incentives:	117062

(a) When the facility is located in a municipal corporation,	117063
the board may enter into an agreement for one or more of the	117064
incentives provided in division (C) of section 5709.62 of the	117065
Revised Code, subject to division (D) of that section;	117066

(b) When the facility is located in an unincorporated area,	117067
the board may enter into an agreement for one or more of the	117068
following incentives:	117069

(i) Exemption for a specified number of years, not to exceed	117070
fifteen, of a specified portion, up to sixty per cent, of the	117071
assessed value of tangible personal property first used in	117072
business at a project site as a result of the agreement. If an	117073
exemption for inventory is specifically granted in the agreement	117074
pursuant to this division, the exemption applies to inventory	117075
required to be listed pursuant to sections 5711.15 and 5711.16 of	117076
the Revised Code, except, in the instance of an expansion or other	117077
situations in which an enterprise was in business at the facility	117078
prior to the establishment of the zone, the inventory that is	117079
exempt is that amount or value of inventory in excess of the	117080
amount or value of inventory required to be listed in the personal	117081
property tax return of the enterprise in the return for the tax	117082
year in which the agreement is entered into.	117083

(ii) Exemption for a specified number of years, not to exceed	117084
fifteen, of a specified portion, up to sixty per cent, of the	117085
increase in the assessed valuation of real property constituting	117086
the project site subsequent to formal approval of the agreement by	117087
the board;	117088

(iii) Provision for a specified number of years, not to	117089
exceed fifteen, of any optional services or assistance the board	117090
is authorized to provide with regard to the project site;	117091

(iv) The incentive described in division (C)(2) of section	117092
5709.62 of the Revised Code.	117093

(2) Enter into an agreement with an enterprise that plans to	117094
purchase and operate a large manufacturing facility that has	117095
ceased operation or has announced its intention to cease	117096
operation, in return for exemption for a specified number of	117097
years, not to exceed fifteen, of a specified portion, up to one	117098
hundred per cent, of tangible personal property used in business	117099
at the project site as a result of the agreement, or of real	117100
property constituting the project site, or both.	117101

(C)(1)(a) Notwithstanding divisions (B)(1)(b)(i) and (ii) of	117102
this section, the portion of the assessed value of tangible	117103
personal property or of the increase in the assessed valuation of	117104
real property exempted from taxation under those divisions may	117105
exceed sixty per cent in any year for which that portion is	117106
exempted if the average percentage exempted for all years in which	117107
the agreement is in effect does not exceed fifty per cent, or if	117108
the board of education of the city, local, or exempted village	117109
school district within the territory of which the property is or	117110
will be located approves a percentage in excess of sixty per cent.	117111

(b) Notwithstanding any provision of the Revised Code to the	117112
contrary, the exemptions described in divisions (B)(1)(b)(i),	117113
(ii), (iii), and (iv) and (B)(2) of this section may be for up to	117114
fifteen years if the board of education of the city, local, or	117115
exempted village school district within the territory of which the	117116
property is or will be located approves a number of years in	117117
excess of ten.	117118

(c) For the purpose of obtaining the approval of a city,	117119
local, or exempted village school district under division	117120
(C)(1)(a) or (b) of this section, the board of county	117121
commissioners shall deliver to the board of education a notice not	117122
later than forty-five days prior to approving the agreement,	117123
excluding Saturdays, Sundays, and legal holidays as defined in	117124
section 1.14 of the Revised Code. The notice shall state the	117125
percentage to be exempted, an estimate of the true value of the	117126
property to be exempted, and the number of years the property is	117127
to be exempted. The board of education, by resolution adopted by a	117128
majority of the board, shall approve or disapprove the agreement	117129
and certify a copy of the resolution to the board of county	117130
commissioners not later than fourteen days prior to the date	117131
stipulated by the board of county commissioners as the date upon	117132
which approval of the agreement is to be formally considered by	117133
the board of county commissioners. The board of education may	117134
include in the resolution conditions under which the board would	117135
approve the agreement, including the execution of an agreement to	117136
compensate the school district under division (B) of section	117137
5709.82 of the Revised Code. The board of county commissioners may	117138
approve the agreement at any time after the board of education	117139
certifies its resolution approving the agreement to the board of	117140
county commissioners, or, if the board of education approves the	117141
agreement conditionally, at any time after the conditions are	117142
agreed to by the board of education and the board of county	117143
commissioners.	117144

If a board of education has adopted a resolution waiving its	117145
right to approve agreements and the resolution remains in effect,	117146
approval of an agreement by the board of education is not required	117147
under division (C) of this section. If a board of education has	117148
adopted a resolution allowing a board of county commissioners to	117149
deliver the notice required under this division fewer than	117150
forty-five business days prior to approval of the agreement by the	117151
board of county commissioners, the board of county commissioners	117152
shall deliver the notice to the board of education not later than	117153
the number of days prior to such approval as prescribed by the	117154
board of education in its resolution. If a board of education	117155
adopts a resolution waiving its right to approve agreements or	117156
shortening the notification period, the board of education shall	117157
certify a copy of the resolution to the board of county	117158
commissioners. If the board of education rescinds such a	117159
resolution, it shall certify notice of the rescission to the board	117160
of county commissioners.	117161

(2) The board of county commissioners shall comply with	117162
section 5709.83 of the Revised Code unless the board of education	117163
has adopted a resolution under that section waiving its right to	117164
receive such notice.	117165

(D) This division applies to zones certified by the director	117166
of development under this section prior to July 22, 1994.	117167

On or before October 15, ~~2011~~2012, and with the consent of	117168
the legislative authority of each affected municipal corporation	117169
or board of township trustees of each affected township, the board	117170
of county commissioners that designated a zone to which this	117171
division applies may enter into an agreement with an enterprise if	117172
the board finds that the enterprise satisfies one of the criteria	117173
described in divisions (D)(1) to (5) of this section:	117174

(1) The enterprise currently has no operations in this state	117175
and, subject to approval of the agreement, intends to establish	117176
operations in the zone;	117177

(2) The enterprise currently has operations in this state	117178
and, subject to approval of the agreement, intends to establish	117179
operations at a new location in the zone that would not result in	117180
a reduction in the number of employee positions at any of the	117181
enterprise's other locations in this state;	117182

(3) The enterprise, subject to approval of the agreement,	117183
intends to relocate operations, currently located in another	117184
state, to the zone;	117185

(4) The enterprise, subject to approval of the agreement,	117186
intends to expand operations at an existing site in the zone that	117187
the enterprise currently operates;	117188

(5) The enterprise, subject to approval of the agreement,	117189
intends to relocate operations, currently located in this state,	117190
to the zone, and the director of development has issued a waiver	117191
for the enterprise under division (B) of section 5709.633 of the	117192
Revised Code.	117193

The agreement shall require the enterprise to agree to	117194
establish, expand, renovate, or occupy a facility in the zone and	117195
hire new employees, or preserve employment opportunities for	117196
existing employees, in return for one or more of the incentives	117197
described in division (B) of this section.	117198

(E) All agreements entered into under this section shall be	117199
in the form prescribed under section 5709.631 of the Revised Code.	117200
After an agreement under this section is entered into, if the	117201
board of county commissioners revokes its designation of a zone,	117202
or if the director of development revokes a zone's certification,	117203
any entitlements granted under the agreement shall continue for	117204
the number of years specified in the agreement.	117205

(F) Except as otherwise provided in this division, an	117206
agreement entered into under this section shall require that the	117207
enterprise pay an annual fee equal to the greater of one per cent	117208
of the dollar value of incentives offered under the agreement or	117209
five hundred dollars; provided, however, that if the value of the	117210
incentives exceeds two hundred fifty thousand dollars, the fee	117211
shall not exceed two thousand five hundred dollars. The fee shall	117212
be payable to the board of county commissioners once per year for	117213
each year the agreement is effective on the days and in the form	117214
specified in the agreement. Fees paid shall be deposited in a	117215
special fund created for such purpose by the board and shall be	117216
used by the board exclusively for the purpose of complying with	117217
section 5709.68 of the Revised Code and by the tax incentive	117218
review council created under section 5709.85 of the Revised Code	117219
exclusively for the purposes of performing the duties prescribed	117220
under that section. The board may waive or reduce the amount of	117221
the fee charged against an enterprise, but such waiver or	117222
reduction does not affect the obligations of the board or the tax	117223
incentive review council to comply with section 5709.68 or 5709.85	117224
of the Revised Code, respectively.	117225

(G) With the approval of the legislative authority of a	117226
municipal corporation or the board of township trustees of a	117227
township in which a zone is designated under division (A) of this	117228
section, the board of county commissioners may delegate to that	117229
legislative authority or board any powers and duties of the board	117230
of county commissioners to negotiate and administer agreements	117231
with regard to that zone under this section.	117232

(H) When an agreement is entered into pursuant to this	117233
section, the board of county commissioners authorizing the	117234
agreement or the legislative authority or board of township	117235
trustees that negotiates and administers the agreement shall	117236
forward a copy of the agreement to the director of development and	117237
to the tax commissioner within fifteen days after the agreement is	117238
entered into. If any agreement includes terms not provided for in	117239
section 5709.631 of the Revised Code affecting the revenue of a	117240
city, local, or exempted village school district or causing	117241
revenue to be foregone by the district, including any compensation	117242
to be paid to the school district pursuant to section 5709.82 of	117243
the Revised Code, those terms also shall be forwarded in writing	117244
to the director of development along with the copy of the	117245
agreement forwarded under this division.	117246

(I) After an agreement is entered into, the enterprise shall	117247
file with each personal property tax return required to be filed,	117248
or annual report that is required to be filed under section	117249
5727.08 of the Revised Code, while the agreement is in effect, an	117250
informational return, on a form prescribed by the tax commissioner	117251
for that purpose, setting forth separately the property, and	117252
related costs and values, exempted from taxation under the	117253
agreement.	117254

(J) Enterprises may agree to give preference to residents of	117255
the zone within which the agreement applies relative to residents	117256
of this state who do not reside in the zone when hiring new	117257
employees under the agreement.	117258

(K) An agreement entered into under this section may include	117259
a provision requiring the enterprise to create one or more	117260
temporary internship positions for students enrolled in a course	117261
of study at a school or other educational institution in the	117262
vicinity, and to create a scholarship or provide another form of	117263
educational financial assistance for students holding such a	117264
position in exchange for the student's commitment to work for the	117265
enterprise at the completion of the internship.	117266

(L) The tax commissioner's authority in determining the	117267
accuracy of any exemption granted by an agreement entered into	117268
under this section is limited to divisions (B)(1)(b)(i) and (ii),	117269
(B)(2), (C), and (I) of this section, division (B)(1)(b)(iv) of	117270
this section as it pertains to divisions (C)(2)(a), (b), and (c)	117271
of section 5709.62 of the Revised Code, and divisions (B)(1) to	117272
(10) of section 5709.631 of the Revised Code and, as authorized by	117273
law, to enforcing any modification to, or revocation of, that	117274
agreement by the board of county commissioners or the director of	117275
development or, if the board's powers and duties are delegated	117276
under division (G) of this section, by the legislative authority	117277
of a municipal corporation or board of township trustees.	117278

Sec. 5709.632. (A)(1) The legislative authority of a	117279
municipal corporation defined by the United States office of	117280
management and budget as a principal city of a metropolitan	117281
statistical area may, in the manner set forth in section 5709.62	117282
of the Revised Code, designate one or more areas in the municipal	117283
corporation as a proposed enterprise zone.	117284

(2) With the consent of the legislative authority of each	117285
affected municipal corporation or of a board of township trustees,	117286
a board of county commissioners may, in the manner set forth in	117287
section 5709.62 of the Revised Code, designate one or more areas	117288
in one or more municipal corporations or in unincorporated areas	117289
of the county as proposed urban jobs and enterprise zones, except	117290
that a board of county commissioners may designate no more than	117291
one area within a township, or within adjacent townships, as a	117292
proposed urban jobs and enterprise zone.	117293

(3) The legislative authority or board of county	117294
commissioners may petition the director of development for	117295
certification of the area as having the characteristics set forth	117296
in division (A)(3) of section 5709.61 of the Revised Code. Within	117297
sixty days after receiving such a petition, the director shall	117298
determine whether the area has the characteristics set forth in	117299
that division and forward the findings to the legislative	117300
authority or board of county commissioners. If the director	117301
certifies the area as having those characteristics and thereby	117302
certifies it as a zone, the legislative authority or board may	117303
enter into agreements with enterprises under division (B) of this	117304
section. Any enterprise wishing to enter into an agreement with a	117305
legislative authority or board of county commissioners under this	117306
section and satisfying one of the criteria described in divisions	117307
(B)(1) to (5) of this section shall submit a proposal to the	117308
legislative authority or board on the form prescribed under	117309
division (B) of section 5709.62 of the Revised Code and shall	117310
review and update the estimates and listings required by the form	117311
in the manner required under that division. The legislative	117312
authority or board may, on a separate form and at any time,	117313
require any additional information necessary to determine whether	117314
an enterprise is in compliance with an agreement and to collect	117315
the information required to be reported under section 5709.68 of	117316
the Revised Code.	117317

(B) Prior to entering into an agreement with an enterprise,	117318
the legislative authority or board of county commissioners shall	117319
determine whether the enterprise submitting the proposal is	117320
qualified by financial responsibility and business experience to	117321
create and preserve employment opportunities in the zone and to	117322
improve the economic climate of the municipal corporation or	117323
municipal corporations or the unincorporated areas in which the	117324
zone is located and to which the proposal applies, and whether the	117325
enterprise satisfies one of the following criteria:	117326

(1) The enterprise currently has no operations in this state	117327
and, subject to approval of the agreement, intends to establish	117328
operations in the zone;	117329

(2) The enterprise currently has operations in this state	117330
and, subject to approval of the agreement, intends to establish	117331
operations at a new location in the zone that would not result in	117332
a reduction in the number of employee positions at any of the	117333
enterprise's other locations in this state;	117334

(3) The enterprise, subject to approval of the agreement,	117335
intends to relocate operations, currently located in another	117336
state, to the zone;	117337

(4) The enterprise, subject to approval of the agreement,	117338
intends to expand operations at an existing site in the zone that	117339
the enterprise currently operates;	117340

(5) The enterprise, subject to approval of the agreement,	117341
intends to relocate operations, currently located in this state,	117342
to the zone, and the director of development has issued a waiver	117343
for the enterprise under division (B) of section 5709.633 of the	117344
Revised Code.	117345

(C) If the legislative authority or board determines that the	117346
enterprise is so qualified and satisfies one of the criteria	117347
described in divisions (B)(1) to (5) of this section, the	117348
legislative authority or board may, after complying with section	117349
5709.83 of the Revised Code and on or before October 15, ~~2011~~	117350
2012, and, in the case of a board of commissioners, with the	117351
consent of the legislative authority of each affected municipal	117352
corporation or of the board of township trustees, enter into an	117353
agreement with the enterprise under which the enterprise agrees to	117354
establish, expand, renovate, or occupy a facility in the zone and	117355
hire new employees, or preserve employment opportunities for	117356
existing employees, in return for the following incentives:	117357

(1) When the facility is located in a municipal corporation,	117358
a legislative authority or board of commissioners may enter into	117359
an agreement for one or more of the incentives provided in	117360
division (C) of section 5709.62 of the Revised Code, subject to	117361
division (D) of that section;	117362

(2) When the facility is located in an unincorporated area, a	117363
board of commissioners may enter into an agreement for one or more	117364
of the incentives provided in divisions (B)(1)(b), (B)(2), and	117365
(B)(3) of section 5709.63 of the Revised Code, subject to division	117366
(C) of that section.	117367

(D) All agreements entered into under this section shall be	117368
in the form prescribed under section 5709.631 of the Revised Code.	117369
After an agreement under this section is entered into, if the	117370
legislative authority or board of county commissioners revokes its	117371
designation of the zone, or if the director of development revokes	117372
the zone's certification, any entitlements granted under the	117373
agreement shall continue for the number of years specified in the	117374
agreement.	117375

(E) Except as otherwise provided in this division, an	117376
agreement entered into under this section shall require that the	117377
enterprise pay an annual fee equal to the greater of one per cent	117378
of the dollar value of incentives offered under the agreement or	117379
five hundred dollars; provided, however, that if the value of the	117380
incentives exceeds two hundred fifty thousand dollars, the fee	117381
shall not exceed two thousand five hundred dollars. The fee shall	117382
be payable to the legislative authority or board of commissioners	117383
once per year for each year the agreement is effective on the days	117384
and in the form specified in the agreement. Fees paid shall be	117385
deposited in a special fund created for such purpose by the	117386
legislative authority or board and shall be used by the	117387
legislative authority or board exclusively for the purpose of	117388
complying with section 5709.68 of the Revised Code and by the tax	117389
incentive review council created under section 5709.85 of the	117390
Revised Code exclusively for the purposes of performing the duties	117391
prescribed under that section. The legislative authority or board	117392
may waive or reduce the amount of the fee charged against an	117393
enterprise, but such waiver or reduction does not affect the	117394
obligations of the legislative authority or board or the tax	117395
incentive review council to comply with section 5709.68 or 5709.85	117396
of the Revised Code, respectively.	117397

(F) With the approval of the legislative authority of a	117398
municipal corporation or the board of township trustees of a	117399
township in which a zone is designated under division (A)(2) of	117400
this section, the board of county commissioners may delegate to	117401
that legislative authority or board any powers and duties of the	117402
board to negotiate and administer agreements with regard to that	117403
zone under this section.	117404

(G) When an agreement is entered into pursuant to this	117405
section, the legislative authority or board of commissioners	117406
authorizing the agreement shall forward a copy of the agreement to	117407
the director of development and to the tax commissioner within	117408
fifteen days after the agreement is entered into. If any agreement	117409
includes terms not provided for in section 5709.631 of the Revised	117410
Code affecting the revenue of a city, local, or exempted village	117411
school district or causing revenue to be forgone by the district,	117412
including any compensation to be paid to the school district	117413
pursuant to section 5709.82 of the Revised Code, those terms also	117414
shall be forwarded in writing to the director of development along	117415
with the copy of the agreement forwarded under this division.	117416

(H) After an agreement is entered into, the enterprise shall	117417
file with each personal property tax return required to be filed	117418
while the agreement is in effect, an informational return, on a	117419
form prescribed by the tax commissioner for that purpose, setting	117420
forth separately the property, and related costs and values,	117421
exempted from taxation under the agreement.	117422

(I) An agreement entered into under this section may include	117423
a provision requiring the enterprise to create one or more	117424
temporary internship positions for students enrolled in a course	117425
of study at a school or other educational institution in the	117426
vicinity, and to create a scholarship or provide another form of	117427
educational financial assistance for students holding such a	117428
position in exchange for the student's commitment to work for the	117429
enterprise at the completion of the internship.	117430

Sec. 5709.73. (A) As used in this section and section	117431
5709.74 of the Revised Code:	117432

(1) "Business day" means a day of the week excluding	117433
Saturday, Sunday, and a legal holiday as defined in section 1.14	117434
of the Revised Code.	117435

(2) "Further improvements" or "improvements" means the	117436
increase in the assessed value of real property that would first	117437
appear on the tax list and duplicate of real and public utility	117438
property after the effective date of a resolution adopted under	117439
this section were it not for the exemption granted by that	117440
resolution. For purposes of division (B) of this section,	117441
"improvements" do not include any property used or to be used for	117442
residential purposes.	117443

(3) "Housing renovation" means a project carried out for	117444
residential purposes.	117445

(4) "Incentive district" has the same meaning as in section	117446
5709.40 of the Revised Code, except that a blighted area is in the	117447
unincorporated area of a township.	117448

(5) "Project" and "public infrastructure improvement" have	117449
the same meanings as in section 5709.40 of the Revised Code.	117450

(B) A board of township trustees may, by unanimous vote,	117451
adopt a resolution that declares to be a public purpose any public	117452
infrastructure improvements made that are necessary for the	117453
development of certain parcels of land located in the	117454
unincorporated area of the township. Except with the approval	117455
under division (D) of this section of the board of education of	117456
each city, local, or exempted village school district within which	117457
the improvements are located, the resolution may exempt from real	117458
property taxation not more than seventy-five per cent of further	117459
improvements to a parcel of land that directly benefits from the	117460
public infrastructure improvements, for a period of not more than	117461
ten years. The resolution shall specify the percentage of the	117462
further improvements to be exempted and the life of the exemption.	117463

(C)(1) A board of township trustees may adopt, by unanimous	117464
vote, a resolution creating an incentive district and declaring	117465
improvements to parcels within the district to be a public purpose	117466
and, except as provided in division (F) of this section, exempt	117467
from taxation as provided in this section, but no board of	117468
township trustees of a township that has a population that exceeds	117469
twenty-five thousand, as shown by the most recent federal	117470
decennial census, shall adopt a resolution that creates an	117471
incentive district if the sum of the taxable value of real	117472
property in the proposed district for the preceding tax year and	117473
the taxable value of all real property in the township that would	117474
have been taxable in the preceding year were it not for the fact	117475
that the property was in an existing incentive district and	117476
therefore exempt from taxation exceeds twenty-five per cent of the	117477
taxable value of real property in the township for the preceding	117478
tax year. The district shall be located within the unincorporated	117479
area of the township and shall not include any territory that is	117480
included within a district created under division (B) of section	117481
5709.78 of the Revised Code. The resolution shall delineate the	117482
boundary of the district and specifically identify each parcel	117483
within the district. A district may not include any parcel that is	117484
or has been exempted from taxation under division (B) of this	117485
section or that is or has been within another district created	117486
under this division. A resolution may create more than one	117487
district, and more than one resolution may be adopted under	117488
division (C)(1) of this section.	117489

(2) Not later than thirty days prior to adopting a resolution	117490
under division (C)(1) of this section, if the township intends to	117491
apply for exemptions from taxation under section 5709.911 of the	117492
Revised Code on behalf of owners of real property located within	117493
the proposed incentive district, the board shall conduct a public	117494
hearing on the proposed resolution. Not later than thirty days	117495
prior to the public hearing, the board shall give notice of the	117496
public hearing and the proposed resolution by first class mail to	117497
every real property owner whose property is located within the	117498
boundaries of the proposed incentive district that is the subject	117499
of the proposed resolution.	117500

(3)(a) A resolution adopted under division (C)(1) of this	117501
section shall specify the life of the incentive district and the	117502
percentage of the improvements to be exempted, shall designate the	117503
public infrastructure improvements made, to be made, or in the	117504
process of being made, that benefit or serve, or, once made, will	117505
benefit or serve parcels in the district. The resolution also	117506
shall identify one or more specific projects being, or to be,	117507
undertaken in the district that place additional demand on the	117508
public infrastructure improvements designated in the resolution.	117509
The project identified may, but need not be, the project under	117510
division (C)(3)(b) of this section that places real property in	117511
use for commercial or industrial purposes.	117512

A resolution adopted under division (C)(1) of this section on	117513
or after ~~the effective date of this amendment~~March 30, 2006,	117514
shall not designate police or fire equipment as public	117515
infrastructure improvements, and no service payment provided for	117516
in section 5709.74 of the Revised Code and received by the	117517
township under the resolution shall be used for police or fire	117518
equipment.	117519

(b) A resolution adopted under division (C)(1) of this	117520
section may authorize the use of service payments provided for in	117521
section 5709.74 of the Revised Code for the purpose of housing	117522
renovations within the incentive district, provided that the	117523
resolution also designates public infrastructure improvements that	117524
benefit or serve the district, and that a project within the	117525
district places real property in use for commercial or industrial	117526
purposes. Service payments may be used to finance or support	117527
loans, deferred loans, and grants to persons for the purpose of	117528
housing renovations within the district. The resolution shall	117529
designate the parcels within the district that are eligible for	117530
housing renovations. The resolution shall state separately the	117531
amount or the percentages of the expected aggregate service	117532
payments that are designated for each public infrastructure	117533
improvement and for the purpose of housing renovations.	117534

(4) Except with the approval of the board of education of	117535
each city, local, or exempted village school district within the	117536
territory of which the incentive district is or will be located,	117537
and subject to division (E) of this section, the life of an	117538
incentive district shall not exceed ten years, and the percentage	117539
of improvements to be exempted shall not exceed seventy-five per	117540
cent. With approval of the board of education, the life of a	117541
district may be not more than thirty years, and the percentage of	117542
improvements to be exempted may be not more than one hundred per	117543
cent. The approval of a board of education shall be obtained in	117544
the manner provided in division (D) of this section f.	117545

(D) Improvements with respect to a parcel may be exempted	117546
from taxation under division (B) of this section, and improvements	117547
to parcels within an incentive district may be exempted from	117548
taxation under division (C) of this section, for up to ten years	117549
or, with the approval of the board of education of the city,	117550
local, or exempted village school district within which the parcel	117551
or district is located, for up to thirty years. The percentage of	117552
the improvements exempted from taxation may, with such approval,	117553
exceed seventy-five per cent, but shall not exceed one hundred per	117554
cent. Not later than forty-five business days prior to adopting a	117555
resolution under this section declaring improvements to be a	117556
public purpose that is subject to approval by a board of education	117557
under this division, the board of township trustees shall deliver	117558
to the board of education a notice stating its intent to adopt a	117559
resolution making that declaration. The notice regarding	117560
improvements with respect to a parcel under division (B) of this	117561
section shall identify the parcels for which improvements are to	117562
be exempted from taxation, provide an estimate of the true value	117563
in money of the improvements, specify the period for which the	117564
improvements would be exempted from taxation and the percentage of	117565
the improvements that would be exempted, and indicate the date on	117566
which the board of township trustees intends to adopt the	117567
resolution. The notice regarding improvements made under division	117568
(C) of this section to parcels within an incentive district shall	117569
delineate the boundaries of the district, specifically identify	117570
each parcel within the district, identify each anticipated	117571
improvement in the district, provide an estimate of the true value	117572
in money of each such improvement, specify the life of the	117573
district and the percentage of improvements that would be	117574
exempted, and indicate the date on which the board of township	117575
trustees intends to adopt the resolution. The board of education,	117576
by resolution adopted by a majority of the board, may approve the	117577
exemption for the period or for the exemption percentage specified	117578
in the notice; may disapprove the exemption for the number of	117579
years in excess of ten, may disapprove the exemption for the	117580
percentage of the improvements to be exempted in excess of	117581
seventy-five per cent, or both; or may approve the exemption on	117582
the condition that the board of township trustees and the board of	117583
education negotiate an agreement providing for compensation to the	117584
school district equal in value to a percentage of the amount of	117585
taxes exempted in the eleventh and subsequent years of the	117586
exemption period or, in the case of exemption percentages in	117587
excess of seventy-five per cent, compensation equal in value to a	117588
percentage of the taxes that would be payable on the portion of	117589
the improvements in excess of seventy-five per cent were that	117590
portion to be subject to taxation, or other mutually agreeable	117591
compensation.	117592

The board of education shall certify its resolution to the	117593
board of township trustees not later than fourteen days prior to	117594
the date the board of township trustees intends to adopt the	117595
resolution as indicated in the notice. If the board of education	117596
and the board of township trustees negotiate a mutually acceptable	117597
compensation agreement, the resolution may declare the	117598
improvements a public purpose for the number of years specified in	117599
the resolution or, in the case of exemption percentages in excess	117600
of seventy-five per cent, for the exemption percentage specified	117601
in the resolution. In either case, if the board of education and	117602
the board of township trustees fail to negotiate a mutually	117603
acceptable compensation agreement, the resolution may declare the	117604
improvements a public purpose for not more than ten years, and	117605
shall not exempt more than seventy-five per cent of the	117606
improvements from taxation. If the board of education fails to	117607
certify a resolution to the board of township trustees within the	117608
time prescribed by this section, the board of township trustees	117609
thereupon may adopt the resolution and may declare the	117610
improvements a public purpose for up to thirty years or, in the	117611
case of exemption percentages proposed in excess of seventy-five	117612
per cent, for the exemption percentage specified in the	117613
resolution. The board of township trustees may adopt the	117614
resolution at any time after the board of education certifies its	117615
resolution approving the exemption to the board of township	117616
trustees, or, if the board of education approves the exemption on	117617
the condition that a mutually acceptable compensation agreement be	117618
negotiated, at any time after the compensation agreement is agreed	117619
to by the board of education and the board of township trustees.	117620
If a mutually acceptable compensation agreement is negotiated	117621
between the board of township trustees and the board of education,	117622
including agreements for payments in lieu of taxes under section	117623
5709.74 of the Revised Code, the board of township trustees shall	117624
compensate the joint vocational school district within which the	117625
parcel or district is located at the same rate and under the same	117626
terms received by the city, local, or exempted village school	117627
district.	117628

If a board of education has adopted a resolution waiving its	117629
right to approve exemptions from taxation under this section and	117630
the resolution remains in effect, approval of such exemptions by	117631
the board of education is not required under division (D) of this	117632
section. If a board of education has adopted a resolution allowing	117633
a board of township trustees to deliver the notice required under	117634
division (D) of this section fewer than forty-five business days	117635
prior to adoption of the resolution by the board of township	117636
trustees, the board of township trustees shall deliver the notice	117637
to the board of education not later than the number of days prior	117638
to the adoption as prescribed by the board of education in its	117639
resolution. If a board of education adopts a resolution waiving	117640
its right to approve exemptions or shortening the notification	117641
period, the board of education shall certify a copy of the	117642
resolution to the board of township trustees. If the board of	117643
education rescinds the resolution, it shall certify notice of the	117644
rescission to the board of township trustees.	117645

If the board of township trustees is not required by division	117646
(D) of this section to notify the board of education of the board	117647
of township trustees' intent to declare improvements to be a	117648
public purpose, the board of township trustees shall comply with	117649
the notice requirements imposed under section 5709.83 of the	117650
Revised Code before taking formal action to adopt the resolution	117651
making that declaration, unless the board of education has adopted	117652
a resolution under that section waiving its right to receive the	117653
notice.	117654

(E)(1) If a proposed resolution under division (C)(1) of this	117655
section exempts improvements with respect to a parcel within an	117656
incentive district for more than ten years, or the percentage of	117657
the improvement exempted from taxation exceeds seventy-five per	117658
cent, not later than forty-five business days prior to adopting	117659
the resolution the board of township trustees shall deliver to the	117660
board of county commissioners of the county within which the	117661
incentive district is or will be located a notice that states its	117662
intent to adopt a resolution creating an incentive district. The	117663
notice shall include a copy of the proposed resolution, identify	117664
the parcels for which improvements are to be exempted from	117665
taxation, provide an estimate of the true value in money of the	117666
improvements, specify the period of time for which the	117667
improvements would be exempted from taxation, specify the	117668
percentage of the improvements that would be exempted from	117669
taxation, and indicate the date on which the board of township	117670
trustees intends to adopt the resolution.	117671

(2) The board of county commissioners, by resolution adopted	117672
by a majority of the board, may object to the exemption for the	117673
number of years in excess of ten, may object to the exemption for	117674
the percentage of the improvement to be exempted in excess of	117675
seventy-five per cent, or both. If the board of county	117676
commissioners objects, the board may negotiate a mutually	117677
acceptable compensation agreement with the board of township	117678
trustees. In no case shall the compensation provided to the board	117679
of county commissioners exceed the property taxes foregone due to	117680
the exemption. If the board of county commissioners objects, and	117681
the board of county commissioners and board of township trustees	117682
fail to negotiate a mutually acceptable compensation agreement,	117683
the resolution adopted under division (C)(1) of this section shall	117684
provide to the board of county commissioners compensation in the	117685
eleventh and subsequent years of the exemption period equal in	117686
value to not more than fifty per cent of the taxes that would be	117687
payable to the county or, if the board of county commissioner's	117688
objection includes an objection to an exemption percentage in	117689
excess of seventy-five per cent, compensation equal in value to	117690
not more than fifty per cent of the taxes that would be payable to	117691
the county, on the portion of the improvement in excess of	117692
seventy-five per cent, were that portion to be subject to	117693
taxation. The board of county commissioners shall certify its	117694
resolution to the board of township trustees not later than thirty	117695
days after receipt of the notice.	117696

(3) If the board of county commissioners does not object or	117697
fails to certify its resolution objecting to an exemption within	117698
thirty days after receipt of the notice, the board of township	117699
trustees may adopt its resolution, and no compensation shall be	117700
provided to the board of county commissioners. If the board of	117701
county commissioners timely certifies its resolution objecting to	117702
the trustees' resolution, the board of township trustees may adopt	117703
its resolution at any time after a mutually acceptable	117704
compensation agreement is agreed to by the board of county	117705
commissioners and the board of township trustees, or, if no	117706
compensation agreement is negotiated, at any time after the board	117707
of township trustees agrees in the proposed resolution to provide	117708
compensation to the board of county commissioners of fifty per	117709
cent of the taxes that would be payable to the county in the	117710
eleventh and subsequent years of the exemption period or on the	117711
portion of the improvement in excess of seventy-five per cent,	117712
were that portion to be subject to taxation.	117713

(F) Service payments in lieu of taxes that are attributable	117714
to any amount by which the effective tax rate of either a renewal	117715
levy with an increase or a replacement levy exceeds the effective	117716
tax rate of the levy renewed or replaced, or that are attributable	117717
to an additional levy, for a levy authorized by the voters for any	117718
of the following purposes on or after January 1, 2006, and which	117719
are provided pursuant to a resolution creating an incentive	117720
district under division (C)(1) of this section that is adopted on	117721
or after January 1, 2006, shall be distributed to the appropriate	117722
taxing authority as required under division (C) of section 5709.74	117723
of the Revised Code in an amount equal to the amount of taxes from	117724
that additional levy or from the increase in the effective tax	117725
rate of such renewal or replacement levy that would have been	117726
payable to that taxing authority from the following levies were it	117727
not for the exemption authorized under division (C) of this	117728
section:	117729

(1) A tax levied under division (L) of section 5705.19 or	117730
section 5705.191 of the Revised Code for community mental	117731
retardation and developmental disabilities programs and services	117732
pursuant to Chapter 5126. of the Revised Code;	117733

(2) A tax levied under division (Y) of section 5705.19 of the	117734
Revised Code for providing or maintaining senior citizens services	117735
or facilities;	117736

(3) A tax levied under section 5705.22 of the Revised Code	117737
for county hospitals;	117738

(4) A tax levied by a joint-county district or by a county	117739
under section 5705.19, 5705.191, or 5705.221 of the Revised Code	117740
for alcohol, drug addiction, and mental health services or	117741
families;	117742

(5) A tax levied under section 5705.23 of the Revised Code	117743
for library purposes;	117744

(6) A tax levied under section 5705.24 of the Revised Code	117745
for the support of children services and the placement and care of	117746
children;	117747

(7) A tax levied under division (Z) of section 5705.19 of the	117748
Revised Code for the provision and maintenance of zoological park	117749
services and facilities under section 307.76 of the Revised Code;	117750

(8) A tax levied under section 511.27 or division (H) of	117751
section 5705.19 of the Revised Code for the support of township	117752
park districts;	117753

(9) A tax levied under division (A), (F), or (H) of section	117754
5705.19 of the Revised Code for parks and recreational purposes of	117755
a joint recreation district organized pursuant to division (B) of	117756
section 755.14 of the Revised Code;	117757

(10) A tax levied under section 1545.20 or 1545.21 of the	117758
Revised Code for park district purposes;	117759

(11) A tax levied under section 5705.191 of the Revised Code	117760
for the purpose of making appropriations for public assistance;	117761
human or social services; public relief; public welfare; public	117762
health and hospitalization; and support of general hospitals;	117763

(12) A tax levied under section 3709.29 of the Revised Code	117764
for a general health district program.	117765

(G) An exemption from taxation granted under this section	117766
commences with the tax year specified in the resolution so long as	117767
the year specified in the resolution commences after the effective	117768
date of the resolution. If the resolution specifies a year	117769
commencing before the effective date of the resolution or	117770
specifies no year whatsoever, the exemption commences with the tax	117771
year in which an exempted improvement first appears on the tax	117772
list and duplicate of real and public utility property and that	117773
commences after the effective date of the resolution. Except as	117774
otherwise provided in this division, the exemption ends on the	117775
date specified in the resolution as the date the improvement	117776
ceases to be a public purpose or the incentive district expires,	117777
or ends on the date on which the public infrastructure	117778
improvements and housing renovations are paid in full from the	117779
township public improvement tax increment equivalent fund	117780
established under section 5709.75 of the Revised Code, whichever	117781
occurs first. The exemption of an improvement with respect to a	117782
parcel or within an incentive district may end on a later date, as	117783
specified in the resolution, if the board of township trustees and	117784
the board of education of the city, local, or exempted village	117785
school district within which the parcel or district is located	117786
have entered into a compensation agreement under section 5709.82	117787
of the Revised Code with respect to the improvement and the board	117788
of education has approved the term of the exemption under division	117789
(D) of this section, but in no case shall the improvement be	117790
exempted from taxation for more than thirty years. The board of	117791
township trustees may, by majority vote, adopt a resolution	117792
permitting the township to enter into such agreements as the board	117793
finds necessary or appropriate to provide for the construction or	117794
undertaking of public infrastructure improvements and housing	117795
renovations. Any exemption shall be claimed and allowed in the	117796
same or a similar manner as in the case of other real property	117797
exemptions. If an exemption status changes during a tax year, the	117798
procedure for the apportionment of the taxes for that year is the	117799
same as in the case of other changes in tax exemption status	117800
during the year.	117801

(H) The board of township trustees may issue the notes of the	117802
township to finance all costs pertaining to the construction or	117803
undertaking of public infrastructure improvements and housing	117804
renovations made pursuant to this section. The notes shall be	117805
signed by the board and attested by the signature of the township	117806
fiscal officer, shall bear interest not to exceed the rate	117807
provided in section 9.95 of the Revised Code, and are not subject	117808
to Chapter 133. of the Revised Code. The resolution authorizing	117809
the issuance of the notes shall pledge the funds of the township	117810
public improvement tax increment equivalent fund established	117811
pursuant to section 5709.75 of the Revised Code to pay the	117812
interest on and principal of the notes. The notes, which may	117813
contain a clause permitting prepayment at the option of the board,	117814
shall be offered for sale on the open market or given to the	117815
vendor or contractor if no sale is made.	117816

(I) The township, not later than fifteen days after the	117817
adoption of a resolution under this section, shall submit to the	117818
director of development a copy of the resolution. On or before the	117819
thirty-first day of March of each year, the township shall submit	117820
a status report to the director of development. The report shall	117821
indicate, in the manner prescribed by the director, the progress	117822
of the project during each year that the exemption remains in	117823
effect, including a summary of the receipts from service payments	117824
in lieu of taxes; expenditures of money from the fund created	117825
under section 5709.75 of the Revised Code; a description of the	117826
public infrastructure improvements and housing renovations	117827
financed with the expenditures; and a quantitative summary of	117828
changes in private investment resulting from each project.	117829

(J) Nothing in this section shall be construed to prohibit a	117830
board of township trustees from declaring to be a public purpose	117831
improvements with respect to more than one parcel.	117832

(K) A board of township trustees that adopted a resolution	117833
under this section prior to July 21, 1994, may amend that	117834
resolution to include any additional public infrastructure	117835
improvement. A board of township trustees that seeks by the	117836
amendment to utilize money from its township public improvement	117837
tax increment equivalent fund for land acquisition in aid of	117838
industry, commerce, distribution, or research, demolition on	117839
private property, or stormwater and flood remediation projects may	117840
do so provided that the board currently is a party to a	117841
hold-harmless agreement with the board of education of the city,	117842
local, or exempted village school district within the territory of	117843
which are located the parcels that are subject to an exemption.	117844
For the purposes of this division, a "hold-harmless agreement"	117845
means an agreement under which the board of township trustees	117846
agrees to compensate the school district for one hundred per cent	117847
of the tax revenue that the school district would have received	117848
from further improvements to parcels designated in the resolution	117849
were it not for the exemption granted by the resolution.	117850

Sec. 5709.78. (A) A board of county commissioners may, by	117851
resolution, declare improvements to certain parcels of real	117852
property located in the unincorporated territory of the county to	117853
be a public purpose. Except with the approval under division (C)	117854
of this section of the board of education of each city, local, or	117855
exempted village school district within which the improvements are	117856
located, not more than seventy-five per cent of an improvement	117857
thus declared to be a public purpose may be exempted from real	117858
property taxation, for a period of not more than ten years. The	117859
resolution shall specify the percentage of the improvement to be	117860
exempted and the life of the exemption.	117861

A resolution adopted under this division shall designate the	117862
specific public infrastructure improvements made, to be made, or	117863
in the process of being made by the county that directly benefit,	117864
or that once made will directly benefit, the parcels for which	117865
improvements are declared to be a public purpose. The service	117866
payments provided for in section 5709.79 of the Revised Code shall	117867
be used to finance the public infrastructure improvements	117868
designated in the resolution, or as provided in section 5709.80 of	117869
the Revised Code.	117870

(B)(1) A board of county commissioners may adopt a resolution	117871
creating an incentive district and declaring improvements to	117872
parcels within the district to be a public purpose and, except as	117873
provided in division (E) of this section, exempt from taxation as	117874
provided in this section, but no board of county commissioners of	117875
a county that has a population that exceeds twenty-five thousand,	117876
as shown by the most recent federal decennial census, shall adopt	117877
a resolution that creates an incentive district if the sum of the	117878
taxable value of real property in the proposed district for the	117879
preceding tax year and the taxable value of all real property in	117880
the county that would have been taxable in the preceding year were	117881
it not for the fact that the property was in an existing incentive	117882
district and therefore exempt from taxation exceeds twenty-five	117883
per cent of the taxable value of real property in the county for	117884
the preceding tax year. The district shall be located within the	117885
unincorporated territory of the county and shall not include any	117886
territory that is included within a district created under	117887
division (C) of section 5709.73 of the Revised Code. The	117888
resolution shall delineate the boundary of the district and	117889
specifically identify each parcel within the district. A district	117890
may not include any parcel that is or has been exempted from	117891
taxation under division (A) of this section or that is or has been	117892
within another district created under this division. A resolution	117893
may create more than one such district, and more than one	117894
resolution may be adopted under division (B)(1) of this section.	117895

(2) Not later than thirty days prior to adopting a resolution	117896
under division (B)(1) of this section, if the county intends to	117897
apply for exemptions from taxation under section 5709.911 of the	117898
Revised Code on behalf of owners of real property located within	117899
the proposed incentive district, the board of county commissioners	117900
shall conduct a public hearing on the proposed resolution. Not	117901
later than thirty days prior to the public hearing, the board	117902
shall give notice of the public hearing and the proposed	117903
resolution by first class mail to every real property owner whose	117904
property is located within the boundaries of the proposed	117905
incentive district that is the subject of the proposed resolution.	117906
The board also shall provide the notice by first class mail to the	117907
clerk of each township in which the proposed incentive district	117908
will be located.	117909

(3)(a) A resolution adopted under division (B)(1) of this	117910
section shall specify the life of the incentive district and the	117911
percentage of the improvements to be exempted, shall designate the	117912
public infrastructure improvements made, to be made, or in the	117913
process of being made, that benefit or serve, or, once made, will	117914
benefit or serve parcels in the district. The resolution also	117915
shall identify one or more specific projects being, or to be,	117916
undertaken in the district that place additional demand on the	117917
public infrastructure improvements designated in the resolution.	117918
The project identified may, but need not be, the project under	117919
division (B)(3)(b) of this section that places real property in	117920
use for commercial or industrial purposes.	117921

A resolution adopted under division (B)(1) of this section on	117922
or after ~~the effective date of this amendment~~March 30, 2006,	117923
shall not designate police or fire equipment as public	117924
infrastructure improvements, and no service payment provided for	117925
in section 5709.79 of the Revised Code and received by the county	117926
under the resolution shall be used for police or fire equipment.	117927

(b) A resolution adopted under division (B)(1) of this	117928
section may authorize the use of service payments provided for in	117929
section 5709.79 of the Revised Code for the purpose of housing	117930
renovations within the incentive district, provided that the	117931
resolution also designates public infrastructure improvements that	117932
benefit or serve the district, and that a project within the	117933
district places real property in use for commercial or industrial	117934
purposes. Service payments may be used to finance or support	117935
loans, deferred loans, and grants to persons for the purpose of	117936
housing renovations within the district. The resolution shall	117937
designate the parcels within the district that are eligible for	117938
housing renovations. The resolution shall state separately the	117939
amount or the percentages of the expected aggregate service	117940
payments that are designated for each public infrastructure	117941
improvement and for the purpose of housing renovations.	117942

(4) Except with the approval of the board of education of	117943
each city, local, or exempted village school district within the	117944
territory of which the incentive district is or will be located,	117945
and subject to division (D) of this section, the life of an	117946
incentive district shall not exceed ten years, and the percentage	117947
of improvements to be exempted shall not exceed seventy-five per	117948
cent. With approval of the board of education, the life of a	117949
district may be not more than thirty years, and the percentage of	117950
improvements to be exempted may be not more than one hundred per	117951
cent. The approval of a board of education shall be obtained in	117952
the manner provided in division (C) of this section.	117953

(C)(1) Improvements with respect to a parcel may be exempted	117954
from taxation under division (A) of this section, and improvements	117955
to parcels within an incentive district may be exempted from	117956
taxation under division (B) of this section, for up to ten years	117957
or, with the approval of the board of education of ~~the~~each city,	117958
local, or exempted village school district within which the parcel	117959
or district is located, for up to thirty years. The percentage of	117960
the improvements exempted from taxation may, with such approval,	117961
exceed seventy-five per cent, but shall not exceed one hundred per	117962
cent. Not later than forty-five business days prior to adopting a	117963
resolution under this section declaring improvements to be a	117964
public purpose that is subject to the approval of a board of	117965
education under this division, the board of county commissioners	117966
shall deliver to the board of education a notice stating its	117967
intent to adopt a resolution making that declaration. The notice	117968
regarding improvements with respect to a parcel under division (A)	117969
of this section shall identify the parcels for which improvements	117970
are to be exempted from taxation, provide an estimate of the true	117971
value in money of the improvements, specify the period for which	117972
the improvements would be exempted from taxation and the	117973
percentage of the improvements that would be exempted, and	117974
indicate the date on which the board of county commissioners	117975
intends to adopt the resolution. The notice regarding improvements	117976
to parcels within an incentive district under division (B) of this	117977
section shall delineate the boundaries of the district,	117978
specifically identify each parcel within the district, identify	117979
each anticipated improvement in the district, provide an estimate	117980
of the true value in money of each such improvement, specify the	117981
life of the district and the percentage of improvements that would	117982
be exempted, and indicate the date on which the board of county	117983
commissioners intends to adopt the resolution. The board of	117984
education, by resolution adopted by a majority of the board, may	117985
approve the exemption for the period or for the exemption	117986
percentage specified in the notice; may disapprove the exemption	117987
for the number of years in excess of ten, may disapprove the	117988
exemption for the percentage of the improvements to be exempted in	117989
excess of seventy-five per cent, or both; or may approve the	117990
exemption on the condition that the board of county commissioners	117991
and the board of education negotiate an agreement providing for	117992
compensation to the school district equal in value to a percentage	117993
of the amount of taxes exempted in the eleventh and subsequent	117994
years of the exemption period or, in the case of exemption	117995
percentages in excess of seventy-five per cent, compensation equal	117996
in value to a percentage of the taxes that would be payable on the	117997
portion of the improvements in excess of seventy-five per cent	117998
were that portion to be subject to taxation, or other mutually	117999
agreeable compensation.	118000

(2) The board of education shall certify its resolution to	118001
the board of county commissioners not later than fourteen days	118002
prior to the date the board of county commissioners intends to	118003
adopt its resolution as indicated in the notice. If the board of	118004
education and the board of county commissioners negotiate a	118005
mutually acceptable compensation agreement, the resolution of the	118006
board of county commissioners may declare the improvements a	118007
public purpose for the number of years specified in that	118008
resolution or, in the case of exemption percentages in excess of	118009
seventy-five per cent, for the exemption percentage specified in	118010
the resolution. In either case, if the board of education and the	118011
board of county commissioners fail to negotiate a mutually	118012
acceptable compensation agreement, the resolution may declare the	118013
improvements a public purpose for not more than ten years, and	118014
shall not exempt more than seventy-five per cent of the	118015
improvements from taxation. If the board of education fails to	118016
certify a resolution to the board of county commissioners within	118017
the time prescribed by this section, the board of county	118018
commissioners thereupon may adopt the resolution and may declare	118019
the improvements a public purpose for up to thirty years or, in	118020
the case of exemption percentages proposed in excess of	118021
seventy-five per cent, for the exemption percentage specified in	118022
the resolution. The board of county commissioners may adopt the	118023
resolution at any time after the board of education certifies its	118024
resolution approving the exemption to the board of county	118025
commissioners, or, if the board of education approves the	118026
exemption on the condition that a mutually acceptable compensation	118027
agreement be negotiated, at any time after the compensation	118028
agreement is agreed to by the board of education and the board of	118029
county commissioners. If a mutually acceptable compensation	118030
agreement is negotiated between the board of county commissioners	118031
and the board of education, including agreements for payments in	118032
lieu of taxes under section 5709.79 of the Revised Code, the board	118033
of county commissioners shall compensate the joint vocational	118034
school district within which the parcel or district is located at	118035
the same rate and under the same terms received by the city,	118036
local, or exempted village school district.	118037

(3) If a board of education has adopted a resolution waiving	118038
its right to approve exemptions from taxation under this section	118039
and the resolution remains in effect, approval of such exemptions	118040
by the board of education is not required under division (C) of	118041
this section. If a board of education has adopted a resolution	118042
allowing a board of county commissioners to deliver the notice	118043
required under division (C) of this section fewer than forty-five	118044
business days prior to approval of the resolution by the board of	118045
county commissioners, the board of county commissioners shall	118046
deliver the notice to the board of education not later than the	118047
number of days prior to such approval as prescribed by the board	118048
of education in its resolution. If a board of education adopts a	118049
resolution waiving its right to approve exemptions or shortening	118050
the notification period, the board of education shall certify a	118051
copy of the resolution to the board of county commissioners. If	118052
the board of education rescinds such a resolution, it shall	118053
certify notice of the rescission to the board of county	118054
commissioners.	118055

(D)(1) If a proposed resolution under division (B)(1) of this	118056
section exempts improvements with respect to a parcel within an	118057
incentive district for more than ten years, or the percentage of	118058
the improvement exempted from taxation exceeds seventy-five per	118059
cent, not later than forty-five business days prior to adopting	118060
the resolution the board of county commissioners shall deliver to	118061
the board of township trustees of any township within which the	118062
incentive district is or will be located a notice that states its	118063
intent to adopt a resolution creating an incentive district. The	118064
notice shall include a copy of the proposed resolution, identify	118065
the parcels for which improvements are to be exempted from	118066
taxation, provide an estimate of the true value in money of the	118067
improvements, specify the period of time for which the	118068
improvements would be exempted from taxation, specify the	118069
percentage of the improvements that would be exempted from	118070
taxation, and indicate the date on which the board intends to	118071
adopt the resolution.	118072

(2) The board of township trustees, by resolution adopted by	118073
a majority of the board, may object to the exemption for the	118074
number of years in excess of ten, may object to the exemption for	118075
the percentage of the improvement to be exempted in excess of	118076
seventy-five per cent, or both. If the board of township trustees	118077
objects, the board of township trustees may negotiate a mutually	118078
acceptable compensation agreement with the board of county	118079
commissioners. In no case shall the compensation provided to the	118080
board of township trustees exceed the property taxes ~~foregone~~	118081
forgone due to the exemption. If the board of township trustees	118082
objects, and the board of township trustees and the board of	118083
county commissioners fail to negotiate a mutually acceptable	118084
compensation agreement, the resolution adopted under division	118085
(B)(1) of this section shall provide to the board of township	118086
trustees compensation in the eleventh and subsequent years of the	118087
exemption period equal in value to not more than fifty per cent of	118088
the taxes that would be payable to the township or, if the board	118089
of township trustee's objection includes an objection to an	118090
exemption percentage in excess of seventy-five per cent,	118091
compensation equal in value to not more than fifty per cent of the	118092
taxes that would be payable to the township on the portion of the	118093
improvement in excess of seventy-five per cent, were that portion	118094
to be subject to taxation. The board of township trustees shall	118095
certify its resolution to the board of county commissioners not	118096
later than thirty days after receipt of the notice.	118097

(3) If the board of township trustees does not object or	118098
fails to certify a resolution objecting to an exemption within	118099
thirty days after receipt of the notice, the board of county	118100
commissioners may adopt its resolution, and no compensation shall	118101
be provided to the board of township trustees. If the board of	118102
township trustees certifies its resolution objecting to the	118103
commissioners' resolution, the board of county commissioners may	118104
adopt its resolution at any time after a mutually acceptable	118105
compensation agreement is agreed to by the board of county	118106
commissioners and the board of township trustees. If the board of	118107
township trustees certifies a resolution objecting to the	118108
commissioners' resolution, the board of county commissioners may	118109
adopt its resolution at any time after a mutually acceptable	118110
compensation agreement is agreed to by the board of county	118111
commissioners and the board of township trustees, or, if no	118112
compensation agreement is negotiated, at any time after the board	118113
of county commissioners in the proposed resolution to provide	118114
compensation to the board of township trustees of fifty per cent	118115
of the taxes that would be payable to the township in the eleventh	118116
and subsequent years of the exemption period or on the portion of	118117
the improvement in excess of seventy-five per cent, were that	118118
portion to be subject to taxation.	118119

(E) Service payments in lieu of taxes that are attributable	118120
to any amount by which the effective tax rate of either a renewal	118121
levy with an increase or a replacement levy exceeds the effective	118122
tax rate of the levy renewed or replaced, or that are attributable	118123
to an additional levy, for a levy authorized by the voters for any	118124
of the following purposes on or after January 1, 2006, and which	118125
are provided pursuant to a resolution creating an incentive	118126
district under division (B)(1) of this section that is adopted on	118127
or after January 1, 2006, shall be distributed to the appropriate	118128
taxing authority as required under division (D) of section 5709.79	118129
of the Revised Code in an amount equal to the amount of taxes from	118130
that additional levy or from the increase in the effective tax	118131
rate of such renewal or replacement levy that would have been	118132
payable to that taxing authority from the following levies were it	118133
not for the exemption authorized under division (B) of this	118134
section:	118135

(1) A tax levied under division (L) of section 5705.19 or	118136
section 5705.191 of the Revised Code for community mental	118137
retardation and developmental disabilities programs and services	118138
pursuant to Chapter 5126. of the Revised Code;	118139

(2) A tax levied under division (Y) of section 5705.19 of the	118140
Revised Code for providing or maintaining senior citizens services	118141
or facilities;	118142

(3) A tax levied under section 5705.22 of the Revised Code	118143
for county hospitals;	118144

(4) A tax levied by a joint-county district or by a county	118145
under section 5705.19, 5705.191, or 5705.221 of the Revised Code	118146
for alcohol, drug addiction, and mental health services or	118147
facilities;	118148

(5) A tax levied under section 5705.23 of the Revised Code	118149
for library purposes;	118150

(6) A tax levied under section 5705.24 of the Revised Code	118151
for the support of children services and the placement and care of	118152
children;	118153

(7) A tax levied under division (Z) of section 5705.19 of the	118154
Revised Code for the provision and maintenance of zoological park	118155
services and facilities under section 307.76 of the Revised Code;	118156

(8) A tax levied under section 511.27 or division (H) of	118157
section 5705.19 of the Revised Code for the support of township	118158
park districts;	118159

(9) A tax levied under division (A), (F), or (H) of section	118160
5705.19 of the Revised Code for parks and recreational purposes of	118161
a joint recreation district organized pursuant to division (B) of	118162
section 755.14 of the Revised Code;	118163

(10) A tax levied under section 1545.20 or 1545.21 of the	118164
Revised Code for park district purposes;	118165

(11) A tax levied under section 5705.191 of the Revised Code	118166
for the purpose of making appropriations for public assistance;	118167
human or social services; public relief; public welfare; public	118168
health and hospitalization; and support of general hospitals;	118169

(12) A tax levied under section 3709.29 of the Revised Code	118170
for a general health district program.	118171

(F) An exemption from taxation granted under this section	118172
commences with the tax year specified in the resolution so long as	118173
the year specified in the resolution commences after the effective	118174
date of the resolution. If the resolution specifies a year	118175
commencing before the effective date of the resolution or	118176
specifies no year whatsoever, the exemption commences with the tax	118177
year in which an exempted improvement first appears on the tax	118178
list and duplicate of real and public utility property and that	118179
commences after the effective date of the resolution. Except as	118180
otherwise provided in this division, the exemption ends on the	118181
date specified in the resolution as the date the improvement	118182
ceases to be a public purpose or the incentive district expires,	118183
or ends on the date on which the county can no longer require	118184
annual service payments in lieu of taxes under section 5709.79 of	118185
the Revised Code, whichever occurs first. The exemption of an	118186
improvement with respect to a parcel or within an incentive	118187
district may end on a later date, as specified in the resolution,	118188
if the board of commissioners and the board of education of the	118189
city, local, or exempted village school district within which the	118190
parcel or district is located have entered into a compensation	118191
agreement under section 5709.82 of the Revised Code with respect	118192
to the improvement, and the board of education has approved the	118193
term of the exemption under division (C)(1) of this section, but	118194
in no case shall the improvement be exempted from taxation for	118195
more than thirty years. Exemptions shall be claimed and allowed in	118196
the same or a similar manner as in the case of other real property	118197
exemptions. If an exemption status changes during a tax year, the	118198
procedure for the apportionment of the taxes for that year is the	118199
same as in the case of other changes in tax exemption status	118200
during the year.	118201

(G) If the board of county commissioners is not required by	118202
this section to notify the board of education of the board of	118203
county commissioners' intent to declare improvements to be a	118204
public purpose, the board of county commissioners shall comply	118205
with the notice requirements imposed under section 5709.83 of the	118206
Revised Code before taking formal action to adopt the resolution	118207
making that declaration, unless the board of education has adopted	118208
a resolution under that section waiving its right to receive such	118209
a notice.	118210

(H) The county, not later than fifteen days after the	118211
adoption of a resolution under this section, shall submit to the	118212
director of development a copy of the resolution. On or before the	118213
thirty-first day of March of each year, the county shall submit a	118214
status report to the director of development. The report shall	118215
indicate, in the manner prescribed by the director, the progress	118216
of the project during each year that an exemption remains in	118217
effect, including a summary of the receipts from service payments	118218
in lieu of taxes; expenditures of money from the fund created	118219
under section 5709.80 of the Revised Code; a description of the	118220
public infrastructure improvements and housing renovations	118221
financed with such expenditures; and a quantitative summary of	118222
changes in employment and private investment resulting from each	118223
project.	118224

(I) Nothing in this section shall be construed to prohibit a	118225
board of county commissioners from declaring to be a public	118226
purpose improvements with respect to more than one parcel.	118227

Sec. 5709.82. (A) As used in this section:

118228

(1) "New employee" means both of the following:

118229

(a) Persons employed in the construction of real property	118230
exempted from taxation under the chapters or sections of the	118231
Revised Code enumerated in division (B) of this section;	118232

(b) Persons not described by division (A)(1)(a) of this	118233
section who are first employed at the site of such property and	118234
who within the two previous years have not been subject, prior to	118235
being employed at that site, to income taxation by the municipal	118236
corporation within whose territory the site is located on income	118237
derived from employment for the person's current employer. "New	118238
employee" does not include any person who replaces a person who is	118239
not a new employee under division (A)(1) of this section.	118240

(2) "Infrastructure costs" means costs incurred by a	118241
municipal corporation in a calendar year to acquire, construct,	118242
reconstruct, improve, plan, or equip real or tangible personal	118243
property that directly benefits or will directly benefit the	118244
exempted property. If the municipal corporation finances the	118245
acquisition, construction, reconstruction, improvement, planning,	118246
or equipping of real or tangible personal property that directly	118247
benefits the exempted property by issuing debt, "infrastructure	118248
costs" means the annual debt charges incurred by the municipal	118249
corporation from the issuance of such debt. Real or tangible	118250
personal property directly benefits exempted property only if the	118251
exempted property places or will place direct, additional demand	118252
on the real or tangible personal property for which such costs	118253
were or will be incurred.	118254

(3) "Taxing unit" has the same meaning as in division (H) of	118255
section 5705.01 of the Revised Code.	118256

(B)(1) Except as otherwise provided under division (C) of	118257
this section, the legislative authority of any political	118258
subdivision that has acted under the authority of Chapter 725. or	118259
1728., sections 3735.65 to 3735.70, or section 5709.40, 5709.41,	118260
5709.62, 5709.63, 5709.632, 5709.73, 5709.78, 5709.84, or 5709.88	118261
of the Revised Code to grant an exemption from taxation for real	118262
or tangible personal property may negotiate with the board of	118263
education of each city, local, exempted village, or joint	118264
vocational school district or other taxing unit within the	118265
territory of which the exempted property is located, and enter	118266
into an agreement whereby the school district or taxing unit is	118267
compensated for tax revenue foregone by the school district or	118268
taxing unit as a result of the exemption. Except as otherwise	118269
provided in division (B)(1) of this section, if a political	118270
subdivision enters into more than one agreement under this section	118271
with respect to a tax exemption, the political subdivision shall	118272
provide to each school district or taxing unit with which it	118273
contracts the same percentage of tax revenue foregone by the	118274
school district or taxing unit, which may be based on a good faith	118275
projection made at the time the exemption is granted. Such	118276
percentage shall be calculated on the basis of amounts paid by the	118277
political subdivision and any amounts paid by an owner under	118278
division (B)(2) of this section. A political subdivision may	118279
provide a school district or other taxing unit with a smaller	118280
percentage of foregone tax revenue than that provided to other	118281
school districts or taxing units only if the school district or	118282
taxing unit expressly consents in the agreement to receiving a	118283
smaller percentage. If a subdivision has acted under the authority	118284
of section 5709.40, 5709.41, 5709.73, or 5709.78 of the Revised	118285
Code and enters into a compensation agreement with a city, local,	118286
or exempted village school district, the subdivision shall provide	118287
compensation to the joint vocational school district within the	118288
territory of which the exempted property is located at the same	118289
rate and under the same terms as received by the city, local, or	118290
exempted village school district.	118291

(2) An owner of property exempted from taxation under the	118292
authority described in division (B)(1) of this section may, by	118293
becoming a party to an agreement described in division (B)(1) of	118294
this section or by entering into a separate agreement with a	118295
school district or other taxing unit, agree to compensate the	118296
school district or taxing unit by paying cash or by providing	118297
property or services by gift, loan, or otherwise. If the owner's	118298
property is exempted under the authority of section 5709.40,	118299
5709.41, 5709.73, or 5709.78 of the Revised Code and the owner	118300
enters into a compensation agreement with a city, local, or	118301
exempted village school district, the owner shall provide	118302
compensation to the joint vocational school district within the	118303
territory of which the owner's property is located at the same	118304
rate and under the same terms as received by the city, local, or	118305
exempted village school district.	118306

118307

(1) The legislative authority of a municipal corporation that	118308
has acted under the authority of division (H) of section 715.70 or	118309
section 715.81 of the Revised Code to consent to the granting of	118310
an exemption from taxation for real or tangible personal property	118311
in a joint economic development district.	118312

(2) The legislative authority of a municipal corporation that	118313
has specified in an ordinance adopted under section 5709.40 or	118314
5709.41 of the Revised Code that payments in lieu of taxes	118315
provided for under section 5709.42 of the Revised Code shall be	118316
paid to the city, local, or exempted village school district in	118317
which the improvements are located in the amount of taxes that	118318
would have been payable to the school district if the improvements	118319
had not been exempted from taxation, as directed in the ordinance.	118320

If the legislative authority of any municipal corporation has	118321
acted under the authority of Chapter 725. or 1728. or section	118322
3735.671, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632, or	118323
5709.88, or a housing officer under section 3735.67 of the Revised	118324
Code, to grant or consent to the granting of an exemption from	118325
taxation for real or tangible personal property on or after July	118326
1, 1994, the municipal corporation imposes a tax on incomes, and	118327
the payroll of new employees resulting from the exercise of that	118328
authority equals or exceeds one million dollars in any tax year	118329
for which such property is exempted, the legislative authority and	118330
the board of education of each city, local, or exempted village	118331
school district within the territory of which the exempted	118332
property is located shall attempt to negotiate an agreement	118333
providing for compensation to the school district for all or a	118334
portion of the tax revenue the school district would have received	118335
had the property not been exempted from taxation. The agreement	118336
may include as a party the owner of the property exempted or to be	118337
exempted from taxation and may include provisions obligating the	118338
owner to compensate the school district by paying cash or	118339
providing property or services by gift, loan, or otherwise. Such	118340
an obligation is enforceable by the board of education of the	118341
school district pursuant to the terms of the agreement.	118342

If the legislative authority and board of education fail to	118343
negotiate an agreement that is mutually acceptable within six	118344
months of formal approval by the legislative authority of the	118345
instrument granting the exemption, the legislative authority shall	118346
compensate the school district in the amount and manner prescribed	118347
by division (D) of this section.	118348

(D) Annually, the legislative authority of a municipal	118349
corporation subject to this division shall pay to the city, local,	118350
or exempted village school district within the territory of which	118351
the exempted property is located an amount equal to fifty per cent	118352
of the difference between the amount of taxes levied and collected	118353
by the municipal corporation on the incomes of new employees in	118354
the calendar year ending on the day the payment is required to be	118355
made, and the amount of any infrastructure costs incurred in that	118356
calendar year. For purposes of such computation, the amount of	118357
infrastructure costs shall not exceed thirty-five per cent of the	118358
amount of those taxes unless the board of education of the school	118359
district, by resolution adopted by a majority of the board,	118360
approves an amount in excess of that percentage. If the amount of	118361
those taxes or infrastructure costs must be estimated at the time	118362
the payment is made, payments in subsequent years shall be	118363
adjusted to compensate for any departure of those estimates from	118364
the actual amount of those taxes.	118365

A municipal corporation required to make a payment under this	118366
section shall make the payment from its general fund or a special	118367
fund established for the purpose. The payment is payable on the	118368
thirty-first day of December of the tax year for or in which the	118369
exemption from taxation commences and on that day for each	118370
subsequent tax year property is exempted and the legislative	118371
authority and board fail to negotiate an acceptable agreement	118372
under division (C) of this section.	118373

Sec. 5709.83. (A) Except as otherwise provided in division	118374
(B) or (C) of this section, prior to taking formal action to adopt	118375
or enter into any instrument granting a tax exemption under	118376
section 725.02, 1728.06, 5709.40, 5709.41, 5709.62, 5709.63,	118377
5709.632, 5709.73, 5709.78, 5709.84, or 5709.88 of the Revised	118378
Code or formally approving an agreement under section 3735.671 of	118379
the Revised Code, or prior to forwarding an application for a tax	118380
exemption for residential property under section 3735.67 of the	118381
Revised Code to the county auditor, the legislative authority of	118382
the political subdivision or housing officer shall notify the	118383
board of education of each city, local, exempted village, or joint	118384
vocational school district in which the proposed tax-exempted	118385
property is located. The notice shall include a copy of the	118386
instrument or application. The notice shall be delivered not later	118387
than fourteen days prior to the day the legislative authority	118388
takes formal action to adopt or enter into the instrument, or not	118389
later than fourteen days prior to the day the housing officer	118390
forwards the application to the county auditor. If the board of	118391
education comments on the instrument or application to the	118392
legislative authority or housing officer, the legislative	118393
authority or housing officer shall consider the comments. If the	118394
board of education of the city, local, or exempted village, or	118395
joint vocational school district so requests, the legislative	118396
authority or the housing officer shall meet in person with a	118397
representative designated by the board of education to discuss the	118398
terms of the instrument or application.	118399

(B) The notice otherwise required to be provided to boards of	118400
education under division (A) of this section is not required if	118401
the board has adopted a resolution waiving its right to receive	118402
such notices, and that resolution remains in effect. If a board of	118403
education adopts such a resolution, the board shall cause a copy	118404
of the resolution to be certified to the legislative authority. If	118405
the board of education rescinds such a resolution, it shall	118406
certify notice of the rescission to the legislative authority. A	118407
board of education may adopt such a resolution with respect to any	118408
one or more counties, townships, or municipal corporations	118409
situated in whole or in part within the school district.	118410

(C) If a legislative authority is required to provide notice	118411
to a city, local, or exempted village school district of its	118412
intent to grant such an exemption as required by section 5709.40,	118413
5709.41, 5709.73, or 5709.78 of the Revised Code, the legislative	118414
authority, before adopting a resolution or ordinance under that	118415
section, shall notify the board of education of each joint	118416
vocational school district in which the property to be exempted is	118417
located. The notice shall be delivered not later than forty-five	118418
days before the day the legislative authority adopts a resolution	118419
or ordinance under any of those sections. The content of the	118420
notice and procedures for responding to the notice are the same as	118421
required in division (A) of this section.	118422

Sec. 5713.01. (A) Each county shall be the unit for	118423
assessing real estate for taxation purposes. The county auditor	118424
shall be the assessor of all the real estate in the auditor's	118425
county for purposes of taxation, but this section does not affect	118426
the power conferred by Chapter 5727. of the Revised Code upon the	118427
tax commissioner regarding the valuation and assessment of real	118428
property used in railroad operations.	118429

(B) The auditor shall assess all the real estate situated in	118430
the county at its taxable value in accordance with sections	118431
5713.03, 5713.31, and 5715.01 of the Revised Code and with the	118432
rules and methods applicable to the auditor's county adopted,	118433
prescribed, and promulgated by the tax commissioner. The auditor	118434
shall view and appraise or cause to be viewed and appraised at its	118435
true value in money, each lot or parcel of real estate, including	118436
land devoted exclusively to agricultural use, and the improvements	118437
located thereon at least once in each six-year period and the	118438
taxable values required to be derived therefrom shall be placed on	118439
the auditor's tax list and the county treasurer's duplicate for	118440
the tax year ordered by the commissioner pursuant to section	118441
5715.34 of the Revised Code. The commissioner may grant an	118442
extension of one year or less if the commissioner finds that good	118443
cause exists for the extension. When the auditor so views and	118444
appraises, the auditor may enter each structure located thereon to	118445
determine by actual view what improvements have been made therein	118446
or additions made thereto since the next preceding valuation. The	118447
auditor shall revalue and assess at any time all or any part of	118448
the real estate in such county, including land devoted exclusively	118449
to agricultural use, where the auditor finds that the true or	118450
taxable values thereof have changed, and when a conservation	118451
easement is created under sections 5301.67 to 5301.70 of the	118452
Revised Code. The auditor may increase or decrease the true or	118453
taxable value of any lot or parcel of real estate in any township,	118454
municipal corporation, or other taxing district by an amount which	118455
will cause all real property on the tax list to be valued as	118456
required by law, or the auditor may increase or decrease the	118457
aggregate value of all real property, or any class of real	118458
property, in the county, township, municipal corporation, or other	118459
taxing district, or in any ward or other division of a municipal	118460
corporation by a per cent or amount which will cause all property	118461
to be properly valued and assessed for taxation in accordance with	118462
Section 36, Article II, Section 2, Article XII, Ohio Constitution,	118463
this section, and sections 5713.03, 5713.31, and 5715.01 of the	118464
Revised Code.	118465

(C) When the auditor determines to reappraise all the real	118466
estate in the county or any class thereof, when the tax	118467
commissioner orders an increase in the aggregate true or taxable	118468
value of the real estate in any taxing subdivision, or when the	118469
taxable value of real estate is increased by the application of a	118470
uniform taxable value per cent of true value pursuant to the order	118471
of the commissioner, the auditor shall advertise the completion of	118472
the reappraisal or equalization action in a newspaper of general	118473
circulation in the county once a week for the three consecutive	118474
weeks next preceding the issuance of the tax bills, or as provided	118475
in section 7.16 of the Revised Code for the two consecutive weeks	118476
next preceding the issuance of the tax bills. When the auditor	118477
changes the true or taxable value of any individual parcels of	118478
real estate, the auditor shall notify the owner of the real	118479
estate, or the person in whose name the same stands charged on the	118480
duplicate, by mail or in person, of the changes the auditor has	118481
made in the assessments of such property. Such notice shall be	118482
given at least thirty days prior to the issuance of the tax bills.	118483
Failure to receive notice shall not invalidate any proceeding	118484
under this section.	118485

(D) The auditor shall make the necessary abstracts from books	118486
of the auditor's office containing descriptions of real estate in	118487
such county, together with such platbooks and lists of transfers	118488
of title to land as the auditor deems necessary in the performance	118489
of the auditor's duties in valuing such property for taxation.	118490
Such abstracts, platbooks, and lists shall be in such form and	118491
detail as the tax commissioner prescribes.	118492

(E) The auditor, with the approval of the tax commissioner,	118493
may appoint and employ such experts, deputies, clerks, or other	118494
employees as the auditor deems necessary to the performance of the	118495
auditor's duties as assessor, or, with the approval of the tax	118496
commissioner, the auditor may enter into a contract with an	118497
individual, partnership, firm, company, or corporation to do all	118498
or any part of the work; the amount to be expended in the payment	118499
of the compensation of such employees shall be fixed by the board	118500
of county commissioners. If, in the opinion of the auditor, the	118501
board of county commissioners fails to provide a sufficient amount	118502
for the compensation of such employees, the auditor may apply to	118503
the tax commissioner for an additional allowance, and the	118504
additional amount of compensation allowed by the commissioner	118505
shall be certified to the board of county commissioners, and the	118506
same shall be final. The salaries and compensation of such	118507
experts, deputies, clerks, and employees shall be paid upon the	118508
warrant of the auditor out of the general fund or the real estate	118509
assessment fund of the county, or both. If the salaries and	118510
compensation are in whole or in part fixed by the commissioner,	118511
they shall constitute a charge against the county regardless of	118512
the amount of money in the county treasury levied or appropriated	118513
for such purposes.	118514

(F) Any contract for goods or services related to the	118515
auditor's duties as assessor, including contracts for mapping,	118516
computers, and reproduction on any medium of any documents,	118517
records, photographs, microfiche, or magnetic tapes, but not	118518
including contracts for the professional services of an appraiser,	118519
shall be awarded pursuant to the competitive bidding procedures	118520
set forth in sections 307.86 to 307.92 of the Revised Code and	118521
shall be paid for, upon the warrant of the auditor, from the real	118522
estate assessment fund.	118523

(G) Experts, deputies, clerks, and other employees, in	118524
addition to their other duties, shall perform such services as the	118525
auditor directs in ascertaining such facts, description, location,	118526
character, dimensions of buildings and improvements, and other	118527
circumstances reflecting upon the value of real estate as will aid	118528
the auditor in fixing its true and taxable value and, in the case	118529
of land valued in accordance with section 5713.31 of the Revised	118530
Code, its current agricultural use value. The auditor may also	118531
summon and examine any person under oath in respect to any matter	118532
pertaining to the value of any real property within the county.	118533

Sec. 5715.17. When the county board of revision has	118534
completed its work of equalization and transmitted the returns to	118535
~~him~~the county auditor, the ~~county~~ auditor shall give notice by	118536
advertising in ~~two newspapers of opposite politics published in~~	118537
~~and~~a newspaper of general circulation throughout the county that	118538
the tax returns for the current year have been revised and the	118539
valuations have been completed and are open for public inspection	118540
in ~~his~~the auditor's office, and that complaints against any	118541
valuation or assessment, except the valuations fixed and	118542
assessments made by the department of taxation, will be heard by	118543
the board, stating in the notice the time and place of the meeting	118544
of such board. Such advertisement shall be inserted in a	118545
conspicuous place in ~~each~~ such newspaper and be published daily	118546
for ten days~~, unless there is no daily newspaper published in and~~	118547
~~of general circulation throughout such county, in which event such~~	118548
~~advertisement shall be so published once each week for two weeks~~	118549
or as provided in section 7.16 of the Revised Code.	118550

The auditor shall, upon request, furnish to any person a	118551
certificate setting forth the assessment and valuation of any	118552
tract, lot, or parcel of real estate or any specific personal	118553
property, and mail the same when requested to do so upon receipt	118554
of sufficient postage.	118555

The auditor shall furnish notice to boards of education of	118556
school districts within the county of all hearings, and the	118557
results of such hearings, held in regard to the reduction or	118558
increasing of tax valuations in excess of one hundred thousand	118559
dollars directly affecting the revenue of such district.	118560

Sec. 5715.23. Annually, immediately after the county board	118561
of revision has acted upon the assessments for the current year as	118562
required under section 5715.16 of the Revised Code and the county	118563
auditor has given notice by advertisement in ~~two newspapers~~a	118564
newspaper of general circulation in the county that the valuations	118565
have been revised and are open for public inspection as provided	118566
in section 5715.17 of the Revised Code, each auditor shall make	118567
out and transmit to the tax commissioner an abstract of the real	118568
property of each taxing district in ~~his~~the auditor's county, in	118569
which hethe auditor shall set forth the aggregate amount and	118570
valuation of each class of real property in such county and in	118571
each taxing district therein as it appears on ~~his~~the auditor's	118572
tax list or the statements and returns on file in ~~his~~the	118573
auditor's office and an abstract of the current year's true value	118574
of land valued for such year under section 5713.31 of the Revised	118575
Code as it appears in the current year's agricultural land tax	118576
list.	118577

Sec. 5715.26. (A)(1) Upon receiving the statement required	118578
by section 5715.25 of the Revised Code, the county auditor shall	118579
forthwith add to or deduct from each tract, lot, or parcel of real	118580
property or class of real property the required percentage or	118581
amount of the valuation thereof, adding or deducting any sum less	118582
than five dollars so that the value of any separate tract, lot, or	118583
parcel of real property shall be ten dollars or some multiple	118584
thereof.	118585

(2) After making the additions or deductions required by this	118586
section, the auditor shall transmit to the tax commissioner the	118587
appropriate adjusted abstract of the real property of each taxing	118588
district in the auditor's county in which an adjustment was	118589
required.	118590

(3) If the commissioner increases or decreases the aggregate	118591
value of the real property or any class thereof in any county or	118592
taxing district thereof and does not receive within ninety days	118593
thereafter an adjusted abstract conforming to its statement for	118594
such county or taxing district therein, the commissioner shall	118595
withhold from such county or taxing district therein fifty per	118596
cent of its share in the distribution of state revenues to local	118597
governments pursuant to sections 5747.50 to 5747.55 of the Revised	118598
Code and shall direct the department of education to withhold	118599
therefrom fifty per cent of state revenues to school districts	118600
pursuant to ~~Chapters 3306. and~~Chapter 3317. of the Revised Code.	118601
The commissioner shall withhold the distribution of such funds	118602
until such county auditor has complied with this division, and the	118603
department shall withhold the distribution of such funds until the	118604
commissioner has notified the department that such county auditor	118605
has complied with this division.	118606

(B)(1) If the commissioner's determination is appealed under	118607
section 5715.251 of the Revised Code, the county auditor,	118608
treasurer, and all other officers shall forthwith proceed with the	118609
levy and collection of the current year's taxes in the manner	118610
prescribed by law. The taxes shall be determined and collected as	118611
if the commissioner had determined under section 5715.24 of the	118612
Revised Code that the real property and the various classes	118613
thereof in the county as shown in the auditor's abstract were	118614
assessed for taxation and the true and agricultural use values	118615
were recorded on the agricultural land tax list as required by	118616
law.	118617

(2) If as a result of the appeal to the board it is finally	118618
determined either that all real property and the various classes	118619
thereof have not been assessed as required by law or that the	118620
values set forth in the agricultural land tax list do not	118621
correctly reflect the true and agricultural use values of the	118622
lands contained therein, the county auditor shall forthwith add to	118623
or deduct from each tract, lot, or parcel of real property or	118624
class of real property the required percentage or amount of the	118625
valuation in accordance with the order of the board or judgment of	118626
the court to which the board's order was appealed, and the taxes	118627
on each tract, lot, or parcel and the percentages required by	118628
section 319.301 of the Revised Code shall be recomputed using the	118629
valuation as finally determined. The order or judgment making the	118630
final determination shall prescribe the time and manner for	118631
collecting, crediting, or refunding the resultant increases or	118632
decreases in taxes.	118633

Sec. 5719.04. (A) Immediately after each settlement required	118634
by division (D) of section 321.24 of the Revised Code the county	118635
auditor shall make a tax list and duplicates thereof of all	118636
general personal and classified property taxes remaining unpaid,	118637
as shown by the county treasurer's books and the list of taxes	118638
returned as delinquent by the treasurer to the auditor at such	118639
settlement. The county auditor shall also include in such list all	118640
taxes assessed by the tax commissioner pursuant to law which were	118641
not charged upon the tax lists and duplicates on which such	118642
settlements were made nor previously charged upon a delinquent tax	118643
list and duplicates pursuant to this section, but the auditor	118644
shall not include taxes specifically excepted from collection	118645
pursuant to section 5711.32 of the Revised Code. Such tax list and	118646
duplicates shall contain the name of the person charged and the	118647
amount of such taxes, and the penalty, due and unpaid, and shall	118648
set forth separately the amount charged or chargeable on the	118649
general and on the classified list and duplicate. The auditor	118650
shall deliver one such duplicate to the treasurer on the first day	118651
of December, annually. Upon receipt of the duplicate the treasurer	118652
may prepare and mail tax bills to all persons charged with such	118653
delinquent taxes. Each bill shall include a notice that the	118654
interest charge prescribed by section 5719.041 of the Revised Code	118655
has begun to accrue.	118656

The auditor shall cause a copy of the delinquent personal and	118657
classified property tax list and duplicate provided for in this	118658
division to be published twice within sixty days after delivery of	118659
such duplicate to the treasurer in a newspaper ~~published in the~~	118660
~~English language in the county and~~ of general circulation ~~therein;~~	118661
~~provided that before~~in the county. The newspaper shall meet the	118662
requirements of section 7.12 of the Revised Code. The auditor may	118663
publish the tax list on a pre-printed insert in the newspaper. The	118664
cost of the second publication of the list shall not exceed	118665
three-fourths of the cost of the first publication of the list.	118666

Before such publication, the auditor shall cause a display	118667
notice of the forthcoming publication of such delinquent personal	118668
and classified property tax list to be inserted once a week for	118669
two consecutive weeks in a newspaper ~~published in the English~~	118670
~~language in the county and~~ of general circulation ~~therein~~in the	118671
county. Copy for such display notice shall be furnished by the	118672
auditor to the newspaper selected to publish such delinquent tax	118673
lists simultaneously with the delivery of the duplicate to the	118674
treasurer. ~~If there is only one newspaper published in the county,~~	118675
~~such display notice and delinquent personal and classified~~	118676
~~property tax lists shall be published in it.~~ Publication of the	118677
delinquent lists may be made by a newspaper in installments,	118678
provided that complete publication thereof is made twice during	118679
said sixty-day period.	118680

The office of the county treasurer shall be kept open to	118681
receive the payment of delinquent general and classified property	118682
taxes from the day of delivery of the duplicate thereof until the	118683
final publication of the delinquent tax list. The name of any	118684
taxpayer who prior to seven days before either the first or second	118685
publication of said list pays such taxes in full or enters into a	118686
delinquent tax contract to pay such taxes in installments pursuant	118687
to section 5719.05 of the Revised Code shall be stricken from such	118688
list, and the taxpayer's name shall not be included in the list	118689
for that publication.	118690

The other such duplicate, from which shall first be	118691
eliminated the names of persons whose total liability for taxes	118692
and penalty is less than one hundred dollars, shall be filed by	118693
the auditor on the first day of December, annually, in the office	118694
of the county recorder, and the same shall constitute a notice of	118695
lien and operate as of the date of delivery as a lien on the lands	118696
and tenements, vested legal interests therein, and permanent	118697
leasehold estates of each person named therein having such real	118698
estate in such county. Such notice of lien and such lien shall not	118699
be valid as against any mortgagee, pledgee, purchaser, or judgment	118700
creditor whose rights have attached prior to the date of such	118701
delivery. Such duplicate shall be kept by the recorder, designated	118702
as the personal tax lien record, and indexed under the name of the	118703
person charged with such tax. No fee shall be charged by the	118704
recorder for the services required under this section.	118705

The auditor shall add to the tax list made pursuant to this	118706
section all such taxes omitted in a previous year when assessed by	118707
the auditor or finally assessed by the tax commissioner pursuant	118708
to law, and by proper certificates cause the same to be added to	118709
the treasurer's delinquent tax duplicate provided for in this	118710
section, and, in proper cases, file notice of the lien with the	118711
recorder, as provided in this section.	118712

If the authority making any assessment believes that the	118713
collection of such taxes will be jeopardized by delay, such	118714
assessing authority shall so certify on the assessment certificate	118715
thereof, and the auditor shall include a certificate of such	118716
jeopardy in the certificate given by the auditor to the treasurer.	118717
In such event the treasurer shall proceed immediately to collect	118718
such taxes, and to enforce the collection thereof by any means	118719
provided by law, and the treasurer may not accept a tender of any	118720
part of such taxes; but the person or the representatives of the	118721
person against whom such assessment is made may, in the event of	118722
an appeal to the tax commissioner therefrom, obtain a stay of	118723
collection of the whole or any part of the amount of such	118724
assessment by filing with the treasurer a bond in an amount not	118725
exceeding double the amount as to which the stay is desired, with	118726
such surety as the treasurer deems necessary, conditioned upon the	118727
payment of the amount determined to be due by the decision of the	118728
commissioner which has become final, and further conditioned that	118729
if an appeal is not filed within the period provided by law, the	118730
amount of collection which is stayed by the bond will be paid on	118731
notice and demand of the treasurer at any time after the	118732
expiration of such period. The taxpayer may waive such stay as to	118733
the whole or any part of the amount covered by the bond, and if as	118734
the result of such waiver any part of the amount covered by the	118735
bond is paid, then the bond shall be proportionately reduced on	118736
the request of the taxpayer.	118737

(B) Immediately after each settlement required by division	118738
(D) of section 321.24 of the Revised Code the auditor shall make a	118739
separate list and duplicate, prepared as prescribed in division	118740
(A) of this section, of all general personal and classified	118741
property taxes that remain unpaid but are excepted from collection	118742
pursuant to section 5711.32 of the Revised Code. The duplicate of	118743
such list shall be delivered to the treasurer at the time of	118744
delivery of the delinquent personal and classified property tax	118745
duplicate.	118746

Sec. 5721.01. (A) As used in this chapter:

118747

(1) "Delinquent lands" means all lands upon which delinquent	118748
taxes, as defined in section 323.01 of the Revised Code, remain	118749
unpaid at the time a settlement is made between the county	118750
treasurer and auditor pursuant to division (C) of section 321.24	118751
of the Revised Code.	118752

(2) "Delinquent vacant lands" means all lands that have been	118753
delinquent lands for at least one year and that are unimproved by	118754
any dwelling.	118755

(3) "County land reutilization corporation" means a county	118756
land reutilization corporation organized under Chapter 1724. of	118757
the Revised Code.	118758

(B) As used in sections 5719.04, 5721.03, and 5721.31 of the	118759
Revised Code and in any other sections of the Revised Code to	118760
which those sections are applicable, a "newspaper" or "newspaper	118761
of general circulation ~~shall be a publication bearing a title or~~	118762
~~name, regularly issued as frequently as once a week for a definite~~	118763
~~price or consideration paid for by not less than fifty per cent of~~	118764
~~those to whom distribution is made, having a second class mailing~~	118765
~~privilege, being not less than four pages, published continuously~~	118766
~~during the immediately preceding one-year period, and circulated~~	118767
~~generally in the political subdivision in which it is published.~~	118768
~~Such publication shall be of a type to which the general public~~	118769
~~resorts for passing events of a political, religious, commercial,~~	118770
~~and social nature, current happenings, announcements,~~	118771
~~miscellaneous reading matter, advertisements, and other notices~~"	118772
has the same meaning as in section 7.12 of the Revised Code.	118773

Sec. 5721.03. (A) At the time of making the delinquent land	118774
list, as provided in section 5721.011 of the Revised Code, the	118775
county auditor shall compile a delinquent tax list consisting of	118776
all lands on the delinquent land list on which taxes have become	118777
delinquent at the close of the collection period immediately	118778
preceding the making of the delinquent land list. The auditor	118779
shall also compile a delinquent vacant land tax list of all	118780
delinquent vacant lands prior to the institution of any	118781
foreclosure and forfeiture actions against delinquent vacant lands	118782
under section 5721.14 of the Revised Code or any foreclosure	118783
actions against delinquent vacant lands under section 5721.18 of	118784
the Revised Code.	118785

The delinquent tax list, and the delinquent vacant land tax	118786
list if one is compiled, shall contain all of the information	118787
included on the delinquent land list, except that, if the	118788
auditor's records show that the name of the person in whose name	118789
the property currently is listed is not the name that appears on	118790
the delinquent land list, the name used in the delinquent tax list	118791
or the delinquent vacant land tax list shall be the name of the	118792
person the auditor's records show as the person in whose name the	118793
property currently is listed.	118794

Lands that have been included in a previously published	118795
delinquent tax list shall not be included in the delinquent tax	118796
list so long as taxes have remained delinquent on such lands for	118797
the entire intervening time.	118798

In either list, there may be included lands that have been	118799
omitted in error from a prior list and lands with respect to which	118800
the auditor has received a certification that a delinquent tax	118801
contract has become void since the publication of the last	118802
previously published list, provided the name of the owner was	118803
stricken from a prior list under section 5721.02 of the Revised	118804
Code.	118805

(B)(1) The auditor shall cause the delinquent tax list and	118806
the delinquent vacant land tax list, if one is compiled, to be	118807
published twice within sixty days after the delivery of the	118808
delinquent land duplicate to the county treasurer, in a newspaper	118809
of general circulation in the county. The newspaper shall meet the	118810
requirements of section 7.12 of the Revised Code. The ~~publication~~	118811
~~shall be printed in the English language~~auditor may publish the	118812
list or lists on a pre-printed insert in the newspaper. The cost	118813
of the second publication of the list or lists shall not exceed	118814
three-fourths of the cost of the first publication of the list or	118815
lists.	118816

The auditor shall insert display notices of the forthcoming	118817
publication of the delinquent tax list and, if it is to be	118818
published, the delinquent vacant land tax list once a week for two	118819
consecutive weeks in a newspaper of general circulation in the	118820
county. The display notices shall contain the times and methods of	118821
payment of taxes provided by law, including information concerning	118822
installment payments made in accordance with a written delinquent	118823
tax contract. The display notice for the delinquent tax list also	118824
shall include a notice that an interest charge will accrue on	118825
accounts remaining unpaid after the last day of November unless	118826
the taxpayer enters into a written delinquent tax contract to pay	118827
such taxes in installments. The display notice for the delinquent	118828
vacant land tax list if it is to be published also shall include a	118829
notice that delinquent vacant lands in the list are lands on which	118830
taxes have remained unpaid for one year after being certified	118831
delinquent, and that they are subject to foreclosure proceedings	118832
as provided in section 323.25, sections 323.65 to 323.79, or	118833
section 5721.18 of the Revised Code, or foreclosure and forfeiture	118834
proceedings as provided in section 5721.14 of the Revised Code.	118835
Each display notice also shall state that the lands are subject to	118836
a tax certificate sale under section 5721.32 or 5721.33 of the	118837
Revised Code or assignment to a county land reutilization	118838
corporation, as the case may be, and shall include any other	118839
information that the auditor considers pertinent to the purpose of	118840
the notice. The display notices shall be furnished by the auditor	118841
to the ~~newspapers~~newspaper selected to publish the lists at	118842
least ten days before their first publication.	118843

(2) Publication of the list or lists may be made by a	118844
newspaper in installments, provided the complete publication of	118845
each list is made twice during the sixty-day period.	118846

(3) There shall be attached to the delinquent tax list a	118847
notice that the delinquent lands will be certified for foreclosure	118848
by the auditor unless the taxes, assessments, interest, and	118849
penalties due and owing on them are paid. There shall be attached	118850
to the delinquent vacant land tax list, if it is to be published,	118851
a notice that delinquent vacant lands will be certified for	118852
foreclosure or foreclosure and forfeiture by the auditor unless	118853
the taxes, assessments, interest, and penalties due and owing on	118854
them are paid within twenty-eight days after the final publication	118855
of the notice.	118856

(4) The auditor shall review the first publication of each	118857
list for accuracy and completeness and may correct any errors	118858
appearing in the list in the second publication.	118859

(C) For the purposes of section 5721.18 of the Revised Code,	118860
land is first certified delinquent on the date of the	118861
certification of the delinquent land list containing that land.	118862

Sec. 5721.04. The proper and necessary expenses of	118863
publishing the delinquent tax lists, delinquent vacant land tax	118864
lists, and display notices provided for by sections 5719.04 and	118865
5721.03 of the Revised Code shall be paid from the county treasury	118866
as county expenses are paid, and the board of county commissioners	118867
shall make provision for them in the annual budget of the county	118868
submitted to the budget commission, and shall make the necessary	118869
appropriations. If the board fails to make such appropriations, or	118870
if an appropriation is insufficient to meet such an expense, any	118871
person interested may apply to the court of common pleas of the	118872
county for an allowance to cover the expense, and the court shall	118873
issue an order instructing the county auditor to issue ~~his~~a	118874
warrant upon the county treasurer for the amount necessary. The	118875
order by the court shall be final and shall be complied with	118876
immediately.	118877

The aggregate amount paid ~~shall~~for publication may be	118878
apportioned by the county auditor among the taxing districts in	118879
which the lands on each list are located in proportion to the	118880
amount of delinquent taxes so advertised in such subdivision, or	118881
the county auditor may charge the property owner of land on a list	118882
a flat fee established under section 319.54 of the Revised Code	118883
for the cost of publishing the list and, if the fee is not paid,	118884
may place the fee upon the tax duplicate as a lien on the land, to	118885
be collected as other taxes. Thereafter, the auditor, in making	118886
~~his~~the auditor's semiannual apportionment of funds, shall retain	118887
at each semiannual apportionment one half the amount apportioned	118888
to each such taxing district. The amounts retained shall be	118889
credited to the general fund of the county until the aggregate of	118890
all amounts paid in the first instance out of the treasury have	118891
been fully reimbursed.	118892

Sec. 5721.18. The county prosecuting attorney, upon the	118893
delivery to the prosecuting attorney by the county auditor of a	118894
delinquent land or delinquent vacant land tax certificate, or of a	118895
master list of delinquent or delinquent vacant tracts, shall	118896
institute a foreclosure proceeding under this section in the name	118897
of the county treasurer to foreclose the lien of the state, in any	118898
court with jurisdiction or in the county board of revision with	118899
jurisdiction pursuant to section 323.66 of the Revised Code,	118900
unless the taxes, assessments, charges, penalties, and interest	118901
are paid prior to the time a complaint is filed, or unless a	118902
foreclosure or foreclosure and forfeiture action has been or will	118903
be instituted under section 323.25, sections 323.65 to 323.79, or	118904
section 5721.14 of the Revised Code. If the delinquent land or	118905
delinquent vacant land tax certificate or the master list of	118906
delinquent or delinquent vacant tracts lists minerals or rights to	118907
minerals listed pursuant to sections 5713.04, 5713.05, and 5713.06	118908
of the Revised Code, the county prosecuting attorney may institute	118909
a foreclosure proceeding in the name of the county treasurer, in	118910
any court with jurisdiction, to foreclose the lien of the state	118911
against such minerals or rights to minerals, unless the taxes,	118912
assessments, charges, penalties, and interest are paid prior to	118913
the time the complaint is filed, or unless a foreclosure or	118914
foreclosure and forfeiture action has been or will be instituted	118915
under section 323.25, sections 323.65 to 323.79, or section	118916
5721.14 of the Revised Code.	118917

The prosecuting attorney shall prosecute the proceeding to	118918
final judgment and satisfaction. Within ten days after obtaining a	118919
judgment, the prosecuting attorney shall notify the treasurer in	118920
writing that judgment has been rendered. If there is a copy of a	118921
written delinquent tax contract attached to the certificate or an	118922
asterisk next to an entry on the master list, or if a copy of a	118923
delinquent tax contract is received from the auditor prior to the	118924
commencement of the proceeding under this section, the prosecuting	118925
attorney shall not institute the proceeding under this section,	118926
unless the prosecuting attorney receives a certification of the	118927
treasurer that the delinquent tax contract has become void.	118928

(A) This division applies to all foreclosure proceedings not	118929
instituted and prosecuted under section 323.25 of the Revised Code	118930
or division (B) or (C) of this section. The foreclosure	118931
proceedings shall be instituted and prosecuted in the same manner	118932
as is provided by law for the foreclosure of mortgages on land,	118933
except that, if service by publication is necessary, such	118934
publication shall be made once a week for three consecutive weeks	118935
instead of as provided by the Rules of Civil Procedure, and the	118936
service shall be complete at the expiration of three weeks after	118937
the date of the first publication. In any proceeding prosecuted	118938
under this section, if the prosecuting attorney determines that	118939
service upon a defendant may be obtained ultimately only by	118940
publication, the prosecuting attorney may cause service to be made	118941
simultaneously by certified mail, return receipt requested,	118942
ordinary mail, and publication.	118943

In any county that has adopted a permanent parcel number	118944
system, the parcel may be described in the notice by parcel number	118945
only, instead of also with a complete legal description, if the	118946
prosecuting attorney determines that the publication of the	118947
complete legal description is not necessary to provide reasonable	118948
notice of the foreclosure proceeding to the interested parties. If	118949
the complete legal description is not published, the notice shall	118950
indicate where the complete legal description may be obtained.	118951

It is sufficient, having been made a proper party to the	118952
foreclosure proceeding, for the treasurer to allege in the	118953
treasurer's complaint that the certificate or master list has been	118954
duly filed by the auditor, that the amount of money appearing to	118955
be due and unpaid is due and unpaid, and that there is a lien	118956
against the property described in the certificate or master list,	118957
without setting forth in the complaint any other or special matter	118958
relating to the foreclosure proceeding. The prayer of the	118959
complaint shall be that the court or the county board of revision	118960
with jurisdiction pursuant to section 323.66 of the Revised Code	118961
issue an order that the property be sold or conveyed by the	118962
sheriff or otherwise be disposed of, and the equity of redemption	118963
be extinguished, according to the alternative redemption	118964
procedures prescribed in sections 323.65 to 323.79 of the Revised	118965
Code, or if the action is in the municipal court by the bailiff,	118966
in the manner provided in section 5721.19 of the Revised Code.	118967

In the foreclosure proceeding, the treasurer may join in one	118968
action any number of lots or lands, but the decree shall be	118969
rendered separately, and any proceedings may be severed, in the	118970
discretion of the court or board of revision, for the purpose of	118971
trial or appeal, and the court or board of revision shall make	118972
such order for the payment of costs as is considered proper. The	118973
certificate or master list filed by the auditor with the	118974
prosecuting attorney is prima-facie evidence at the trial of the	118975
foreclosure action of the amount and validity of the taxes,	118976
assessments, charges, penalties, and interest appearing due and	118977
unpaid and of their nonpayment.	118978

(B) Foreclosure proceedings constituting an action in rem may	118979
be commenced by the filing of a complaint after the end of the	118980
second year from the date on which the delinquency was first	118981
certified by the auditor. Prior to filing such an action in rem,	118982
the prosecuting attorney shall cause a title search to be	118983
conducted for the purpose of identifying any lienholders or other	118984
persons with interests in the property subject to foreclosure.	118985
Following the title search, the action in rem shall be instituted	118986
by filing in the office of the clerk of a court with jurisdiction	118987
a complaint bearing a caption substantially in the form set forth	118988
in division (A) of section 5721.181 of the Revised Code.	118989

Any number of parcels may be joined in one action. Each	118990
separate parcel included in a complaint shall be given a serial	118991
number and shall be separately indexed and docketed by the clerk	118992
of the court in a book kept by the clerk for such purpose. A	118993
complaint shall contain the permanent parcel number of each parcel	118994
included in it, the full street address of the parcel when	118995
available, a description of the parcel as set forth in the	118996
certificate or master list, the name and address of the last known	118997
owner of the parcel if they appear on the general tax list, the	118998
name and address of each lienholder and other person with an	118999
interest in the parcel identified in the title search relating to	119000
the parcel that is required by this division, and the amount of	119001
taxes, assessments, charges, penalties, and interest due and	119002
unpaid with respect to the parcel. It is sufficient for the	119003
treasurer to allege in the complaint that the certificate or	119004
master list has been duly filed by the auditor with respect to	119005
each parcel listed, that the amount of money with respect to each	119006
parcel appearing to be due and unpaid is due and unpaid, and that	119007
there is a lien against each parcel, without setting forth any	119008
other or special matters. The prayer of the complaint shall be	119009
that the court issue an order that the land described in the	119010
complaint be sold in the manner provided in section 5721.19 of the	119011
Revised Code.	119012

(1) Within thirty days after the filing of a complaint, the	119013
clerk of the court in which the complaint was filed shall cause a	119014
notice of foreclosure substantially in the form of the notice set	119015
forth in division (B) of section 5721.181 of the Revised Code to	119016
be published once a week for three consecutive weeks in a	119017
newspaper of general circulation in the county. The newspaper	119018
shall meet the requirements of section 7.12 of the Revised Code.	119019
In any county that has adopted a permanent parcel number system,	119020
the parcel may be described in the notice by parcel number only,	119021
instead of also with a complete legal description, if the	119022
prosecuting attorney determines that the publication of the	119023
complete legal description is not necessary to provide reasonable	119024
notice of the foreclosure proceeding to the interested parties. If	119025
the complete legal description is not published, the notice shall	119026
indicate where the complete legal description may be obtained.	119027

After the third publication, the publisher shall file with	119028
the clerk of the court an affidavit stating the fact of the	119029
publication and including a copy of the notice of foreclosure as	119030
published. Service of process for purposes of the action in rem	119031
shall be considered as complete on the date of the last	119032
publication.	119033

Within thirty days after the filing of a complaint and before	119034
the final date of publication of the notice of foreclosure, the	119035
clerk of the court also shall cause a copy of a notice	119036
substantially in the form of the notice set forth in division (C)	119037
of section 5721.181 of the Revised Code to be mailed by certified	119038
mail, with postage prepaid, to each person named in the complaint	119039
as being the last known owner of a parcel included in it, or as	119040
being a lienholder or other person with an interest in a parcel	119041
included in it. The notice shall be sent to the address of each	119042
such person, as set forth in the complaint, and the clerk shall	119043
enter the fact of such mailing upon the appearance docket. If the	119044
name and address of the last known owner of a parcel included in a	119045
complaint is not set forth in it, the auditor shall file an	119046
affidavit with the clerk stating that the name and address of the	119047
last known owner does not appear on the general tax list.	119048

(2)(a) An answer may be filed in an action in rem under this	119049
division by any person owning or claiming any right, title, or	119050
interest in, or lien upon, any parcel described in the complaint.	119051
The answer shall contain the caption and number of the action and	119052
the serial number of the parcel concerned. The answer shall set	119053
forth the nature and amount of interest claimed in the parcel and	119054
any defense or objection to the foreclosure of the lien of the	119055
state for delinquent taxes, assessments, charges, penalties, and	119056
interest as shown in the complaint. The answer shall be filed in	119057
the office of the clerk of the court, and a copy of the answer	119058
shall be served on the prosecuting attorney, not later than	119059
twenty-eight days after the date of final publication of the	119060
notice of foreclosure. If an answer is not filed within such time,	119061
a default judgment may be taken as to any parcel included in a	119062
complaint as to which no answer has been filed. A default judgment	119063
is valid and effective with respect to all persons owning or	119064
claiming any right, title, or interest in, or lien upon, any such	119065
parcel, notwithstanding that one or more of such persons are	119066
minors, incompetents, absentees or nonresidents of the state, or	119067
convicts in confinement.	119068

(b)(i) A receiver appointed pursuant to divisions (C)(2) and	119069
(3) of section 3767.41 of the Revised Code may file an answer	119070
pursuant to division (B)(2)(a) of this section, but is not	119071
required to do so as a condition of receiving proceeds in a	119072
distribution under division (B)(1) of section 5721.17 of the	119073
Revised Code.	119074

(ii) When a receivership under section 3767.41 of the Revised	119075
Code is associated with a parcel, the notice of foreclosure set	119076
forth in division (B) of section 5721.181 of the Revised Code and	119077
the notice set forth in division (C) of that section shall be	119078
modified to reflect the provisions of division (B)(2)(b)(i) of	119079
this section.	119080

(3) At the trial of an action in rem under this division, the	119081
certificate or master list filed by the auditor with the	119082
prosecuting attorney shall be prima-facie evidence of the amount	119083
and validity of the taxes, assessments, charges, penalties, and	119084
interest appearing due and unpaid on the parcel to which the	119085
certificate or master list relates and their nonpayment. If an	119086
answer is properly filed, the court may, in its discretion, and	119087
shall, at the request of the person filing the answer, grant a	119088
severance of the proceedings as to any parcel described in such	119089
answer for purposes of trial or appeal.	119090

(C) In addition to the actions in rem authorized under	119091
division (B) of this section and section 5721.14 of the Revised	119092
Code, an action in rem may be commenced under this division. An	119093
action commenced under this division shall conform to all of the	119094
requirements of division (B) of this section except as follows:	119095

(1) The prosecuting attorney shall not cause a title search	119096
to be conducted for the purpose of identifying any lienholders or	119097
other persons with interests in the property subject to	119098
foreclosure, except that the prosecuting attorney shall cause a	119099
title search to be conducted to identify any receiver's lien.	119100

(2) The names and addresses of lienholders and persons with	119101
an interest in the parcel shall not be contained in the complaint,	119102
and notice shall not be mailed to lienholders and persons with an	119103
interest as provided in division (B)(1) of this section, except	119104
that the name and address of a receiver under section 3767.41 of	119105
the Revised Code shall be contained in the complaint and notice	119106
shall be mailed to the receiver.	119107

(3) With respect to the forms applicable to actions commenced	119108
under division (B) of this section and contained in section	119109
5721.181 of the Revised Code:	119110

(a) The notice of foreclosure prescribed by division (B) of	119111
section 5721.181 of the Revised Code shall be revised to exclude	119112
any reference to the inclusion of the name and address of each	119113
lienholder and other person with an interest in the parcel	119114
identified in a statutorily required title search relating to the	119115
parcel, and to exclude any such names and addresses from the	119116
published notice, except that the revised notice shall refer to	119117
the inclusion of the name and address of a receiver under section	119118
3767.41 of the Revised Code and the published notice shall include	119119
the receiver's name and address. The notice of foreclosure also	119120
shall include the following in boldface type:	119121

"If pursuant to the action the parcel is sold, the sale shall	119122
not affect or extinguish any lien or encumbrance with respect to	119123
the parcel other than a receiver's lien and other than the lien	119124
for land taxes, assessments, charges, interest, and penalties for	119125
which the lien is foreclosed and in satisfaction of which the	119126
property is sold. All other liens and encumbrances with respect to	119127
the parcel shall survive the sale."	119128

(b) The notice to the owner, lienholders, and other persons	119129
with an interest in a parcel shall be a notice only to the owner	119130
and to any receiver under section 3767.41 of the Revised Code, and	119131
the last two sentences of the notice shall be omitted.	119132

(4) As used in this division, a "receiver's lien" means the	119133
lien of a receiver appointed pursuant to divisions (C)(2) and (3)	119134
of section 3767.41 of the Revised Code that is acquired pursuant	119135
to division (H)(2)(b) of that section for any unreimbursed	119136
expenses and other amounts paid in accordance with division (F) of	119137
that section by the receiver and for the fees of the receiver	119138
approved pursuant to division (H)(1) of that section.	119139

(D) If the prosecuting attorney determines that an action in	119140
rem under division (B) or (C) of this section is precluded by law,	119141
then foreclosure proceedings shall be filed pursuant to division	119142
(A) of this section, and the complaint in the action in personam	119143
shall set forth the grounds upon which the action in rem is	119144
precluded.	119145

(E) The conveyance by the owner of any parcel against which a	119146
complaint has been filed pursuant to this section at any time	119147
after the date of publication of the parcel on the delinquent tax	119148
list but before the date of a judgment of foreclosure pursuant to	119149
section 5721.19 of the Revised Code shall not nullify the right of	119150
the county to proceed with the foreclosure.	119151

Sec. 5721.19. (A) In its judgment of foreclosure rendered	119152
with respect to actions filed pursuant to section 5721.18 of the	119153
Revised Code, the court or the county board of revision with	119154
jurisdiction pursuant to section 323.66 of the Revised Code shall	119155
enter a finding with respect to each parcel of the amount of the	119156
taxes, assessments, charges, penalties, and interest, and the	119157
costs incurred in the foreclosure proceeding instituted against	119158
it, that are due and unpaid. The court or the county board of	119159
revision shall order such premises to be transferred pursuant to	119160
division (I) of this section or may order each parcel to be sold,	119161
without appraisal, for not less than either of the following:	119162

(1) The fair market value of the parcel, as determined by the	119163
county auditor, plus the costs incurred in the foreclosure	119164
proceeding;	119165

(2) The total amount of the finding entered by the court or	119166
the county board of revision, including all taxes, assessments,	119167
charges, penalties, and interest payable subsequent to the	119168
delivery to the county prosecuting attorney of the delinquent land	119169
tax certificate or master list of delinquent tracts and prior to	119170
the transfer of the deed of the parcel to the purchaser following	119171
confirmation of sale, plus the costs incurred in the foreclosure	119172
proceeding. For purposes of determining such amount, the county	119173
treasurer may estimate the amount of taxes, assessments, interest,	119174
penalties, and costs that will be payable at the time the deed of	119175
the property is transferred to the purchaser.	119176

Notwithstanding the minimum sales price provisions of	119177
divisions (A)(1) and (2) of this section to the contrary, a parcel	119178
sold pursuant to this section shall not be sold for less than the	119179
amount described in division (A)(2) of this section if the highest	119180
bidder is the owner of record of the parcel immediately prior to	119181
the judgment of foreclosure or a member of the following class of	119182
parties connected to that owner: a member of that owner's	119183
immediate family, a person with a power of attorney appointed by	119184
that owner who subsequently transfers the parcel to the owner, a	119185
sole proprietorship owned by that owner or a member of that	119186
owner's immediate family, or a partnership, trust, business trust,	119187
corporation, or association in which the owner or a member of the	119188
owner's immediate family owns or controls directly or indirectly	119189
more than fifty per cent. If a parcel sells for less than the	119190
amount described in division (A)(2) of this section, the officer	119191
conducting the sale shall require the buyer to complete an	119192
affidavit stating that the buyer is not the owner of record	119193
immediately prior to the judgment of foreclosure or a member of	119194
the specified class of parties connected to that owner, and the	119195
affidavit shall become part of the court records of the	119196
proceeding. If the county auditor discovers within three years	119197
after the date of the sale that a parcel was sold to that owner or	119198
a member of the specified class of parties connected to that owner	119199
for a price less than the amount so described, and if the parcel	119200
is still owned by that owner or a member of the specified class of	119201
parties connected to that owner, the auditor within thirty days	119202
after such discovery shall add the difference between that amount	119203
and the sale price to the amount of taxes that then stand charged	119204
against the parcel and is payable at the next succeeding date for	119205
payment of real property taxes. As used in this paragraph,	119206
"immediate family" means a spouse who resides in the same	119207
household and children.	119208

(B) Each parcel affected by the court's finding and order of	119209
sale shall be separately sold, unless the court orders any of such	119210
parcels to be sold together.	119211

Each parcel shall be advertised and sold by the officer to	119212
whom the order of sale is directed in the manner provided by law	119213
for the sale of real property on execution. The advertisement for	119214
sale of each parcel shall be published once a week for three	119215
consecutive weeks and shall include the date on which a second	119216
sale will be conducted if no bid is accepted at the first sale.	119217
Any number of parcels may be included in one advertisement.	119218

The notice of the advertisement shall be substantially in the	119219
form of the notice set forth in section 5721.191 of the Revised	119220
Code. In any county that has adopted a permanent parcel number	119221
system, the parcel may be described in the notice by parcel number	119222
only, instead of also with a complete legal description, if the	119223
prosecuting attorney determines that the publication of the	119224
complete legal description is not necessary to provide reasonable	119225
notice of the foreclosure sale to potential bidders. If the	119226
complete legal description is not published, the notice shall	119227
indicate where the complete legal description may be obtained.	119228

(C)(1) Whenever the officer charged to conduct the sale	119229
offers any parcel for sale the officer first shall read aloud a	119230
complete legal description of the parcel, or in the alternative,	119231
may read aloud only a summary description, including the complete	119232
street address of the parcel, if any, and a parcel number if the	119233
county has adopted a permanent parcel number system and if the	119234
advertising notice prepared pursuant to this section includes a	119235
complete legal description or indicates where the complete legal	119236
description may be obtained. Whenever the officer charged to	119237
conduct the sale offers any parcel for sale and no bids are made	119238
equal to the lesser of the amounts described in divisions (A)(1)	119239
and (2) of this section, the officer shall adjourn the sale of the	119240
parcel to the second date that was specified in the advertisement	119241
of sale. The second date shall be not less than two weeks or more	119242
than six weeks from the day on which the parcel was first offered	119243
for sale. The second sale shall be held at the same place and	119244
commence at the same time as set forth in the advertisement of	119245
sale. The officer shall offer any parcel not sold at the first	119246
sale. Upon the conclusion of any sale, or if any parcel remains	119247
unsold after being offered at two sales, the officer conducting	119248
the sale shall report the results to the court.	119249

(2)(a) If a parcel remains unsold after being offered at two	119250
sales, or one sale in the case of abandoned lands foreclosed under	119251
sections 323.65 to 323.79 of the Revised Code, or if a parcel	119252
sells at any sale but the amount of the price is less than the	119253
costs incurred in the proceeding instituted against the parcel	119254
under section 5721.18 of the Revised Code, then the clerk of the	119255
court shall certify to the county auditor the amount of those	119256
costs that remains unpaid. At the next semiannual apportionment of	119257
real property taxes that occurs following any such certification,	119258
the auditor shall reduce the real property taxes that the auditor	119259
otherwise would distribute to each taxing district. In making the	119260
reductions, the auditor shall subtract from the otherwise	119261
distributable real property taxes to a taxing district an amount	119262
that shall be determined by multiplying the certified costs by a	119263
fraction the numerator of which shall be the amount of the taxes,	119264
assessments, charges, penalties, and interest on the parcel owed	119265
to that taxing district at the time the parcel first was offered	119266
for sale pursuant to this section, and the denominator of which	119267
shall be the total of the taxes, assessments, charges, penalties,	119268
and interest on the parcel owed to all the taxing districts at	119269
that time. The auditor promptly shall pay to the clerk of the	119270
court the amounts of the reductions.	119271

(b) If reductions occur pursuant to division (C)(2)(a) of	119272
this section, and if at a subsequent time a parcel is sold at a	119273
foreclosure sale or a forfeiture sale pursuant to Chapter 5723. of	119274
the Revised Code, then, notwithstanding other provisions of the	119275
Revised Code, except section 5721.17 of the Revised Code,	119276
governing the distribution of the proceeds of a foreclosure or	119277
forfeiture sale, the proceeds first shall be distributed to	119278
reimburse the taxing districts subjected to reductions in their	119279
otherwise distributable real property taxes. The distributions	119280
shall be based on the same proportions used for purposes of	119281
division (C)(2)(a) of this section.	119282

(3) The court, in its discretion, may order any parcel not	119283
sold pursuant to the original order of sale to be advertised and	119284
offered for sale at a subsequent foreclosure sale. For such	119285
purpose, the court may direct the parcel to be appraised and fix a	119286
minimum price for which it may be sold.	119287

(D) Except as otherwise provided in division (B)(1) of	119288
section 5721.17 of the Revised Code, upon the confirmation of a	119289
sale, the proceeds of the sale shall be applied as follows:	119290

(1) The costs incurred in any proceeding filed against the	119291
parcel pursuant to section 5721.18 of the Revised Code shall be	119292
paid first.	119293

(2) Following the payment required by division (D)(1) of this	119294
section, the part of the proceeds that is equal to five per cent	119295
of the taxes and assessments due shall be deposited in equal	119296
shares into each of the delinquent tax and assessment collection	119297
~~fund~~funds created pursuant to section 321.261 of the Revised	119298
Code. If a county land reutilization corporation is operating in	119299
the county, the board of county commissioners, by resolution, may	119300
provide that an additional amount, not to exceed five per cent of	119301
such taxes and assessments, shall be credited to the county land	119302
reutilization corporation fund created by section 321.263 of the	119303
Revised Code to pay for the corporation's expenses. If such a	119304
resolution is in effect, the percentage of such taxes and	119305
assessments so provided shall be credited to that fund.	119306

(3) Following the payment required by division (D)(2) of this	119307
section, the amount found due for taxes, assessments, charges,	119308
penalties, and interest shall be paid, including all taxes,	119309
assessments, charges, penalties, and interest payable subsequent	119310
to the delivery to the county prosecuting attorney of the	119311
delinquent land tax certificate or master list of delinquent	119312
tracts and prior to the transfer of the deed of the parcel to the	119313
purchaser following confirmation of sale. If the proceeds	119314
available for distribution pursuant to division (D)(3) of this	119315
section are sufficient to pay the entire amount of those taxes,	119316
assessments, charges, penalties, and interest, the portion of the	119317
proceeds representing taxes, interest, and penalties shall be paid	119318
to each claimant in proportion to the amount of taxes levied by	119319
the claimant in the preceding tax year, and the amount	119320
representing assessments and other charges shall be paid to each	119321
claimant in the order in which they became due. If the proceeds	119322
are not sufficient to pay that entire amount, the proportion of	119323
the proceeds representing taxes, penalties, and interest shall be	119324
paid to each claimant in the same proportion that the amount of	119325
taxes levied by the claimant against the parcel in the preceding	119326
tax year bears to the taxes levied by all such claimants against	119327
the parcel in the preceding tax year, and the proportion of the	119328
proceeds representing items of assessments and other charges shall	119329
be credited to those items in the order in which they became due.	119330

(E) If the proceeds from the sale of a parcel are	119331
insufficient to pay in full the amount of the taxes, assessments,	119332
charges, penalties, and interest which are due and unpaid; the	119333
costs incurred in the foreclosure proceeding instituted against it	119334
which are due and unpaid; and, if division (B)(1) of section	119335
5721.17 of the Revised Code is applicable, any notes issued by a	119336
receiver pursuant to division (F) of section 3767.41 of the	119337
Revised Code and any receiver's lien as defined in division (C)(4)	119338
of section 5721.18 of the Revised Code, the court, pursuant to	119339
section 5721.192 of the Revised Code, may enter a deficiency	119340
judgment against the owner of record of the parcel for the unpaid	119341
amount. If that owner of record is a corporation, the court may	119342
enter the deficiency judgment against the stockholder holding a	119343
majority of that corporation's stock.	119344

If after distribution of proceeds from the sale of the parcel	119345
under division (D) of this section the amount of proceeds to be	119346
applied to pay the taxes, assessments, charges, penalties,	119347
interest, and costs is insufficient to pay them in full, and the	119348
court does not enter a deficiency judgment against the owner of	119349
record pursuant to this division, the taxes, assessments, charges,	119350
penalties, interest, and costs shall be deemed satisfied.	119351

(F)(1) Upon confirmation of a sale, a spouse of the party	119352
charged with the delinquent taxes or assessments shall thereby be	119353
barred of the right of dower in the property sold, though such	119354
spouse was not a party to the action. No statute of limitations	119355
shall apply to such action. When the land or lots stand charged on	119356
the tax duplicate as certified delinquent, it is not necessary to	119357
make the state a party to the foreclosure proceeding, but the	119358
state shall be deemed a party to such action through and be	119359
represented by the county treasurer.	119360

(2) Except as otherwise provided in divisions (F)(3) and (G)	119361
of this section, unless such land or lots were previously redeemed	119362
pursuant to section 5721.25 of the Revised Code, upon the filing	119363
of the entry of confirmation of any sale or the expiration of the	119364
alternative redemption period as defined in section 323.65 of the	119365
Revised Code, if applicable, the title to such land or lots shall	119366
be incontestable in the purchaser and shall be free and clear of	119367
all liens and encumbrances, except a federal tax lien notice of	119368
which is properly filed in accordance with section 317.09 of the	119369
Revised Code prior to the date that a foreclosure proceeding is	119370
instituted pursuant to division (B) of section 5721.18 of the	119371
Revised Code and the easements and covenants of record running	119372
with the land or lots that were created prior to the time the	119373
taxes or assessments, for the nonpayment of which the land or lots	119374
are sold at foreclosure, became due and payable.	119375

(3) When proceedings for foreclosure are instituted under	119376
division (C) of section 5721.18 of the Revised Code, unless the	119377
land or lots were previously redeemed pursuant to section 5721.25	119378
of the Revised Code or before the expiration of the alternative	119379
redemption period, upon the filing of the entry of confirmation of	119380
sale or after the expiration of the alternative redemption period,	119381
as may apply to the case, the title to such land or lots shall be	119382
incontestable in the purchaser and shall be free of any receiver's	119383
lien as defined in division (C)(4) of section 5721.18 of the	119384
Revised Code and, except as otherwise provided in division (G) of	119385
this section, the liens for land taxes, assessments, charges,	119386
interest, and penalties for which the lien was foreclosed and in	119387
satisfaction of which the property was sold. All other liens and	119388
encumbrances with respect to the land or lots shall survive the	119389
sale.	119390

(4) The title shall not be invalid because of any	119391
irregularity, informality, or omission of any proceedings under	119392
this chapter, or in any processes of taxation, if such	119393
irregularity, informality, or omission does not abrogate the	119394
provision for notice to holders of title, lien, or mortgage to, or	119395
other interests in, such foreclosed lands or lots, as prescribed	119396
in this chapter.	119397

(G) If a parcel is sold under this section for the amount	119398
described in division (A)(2) of this section, and the county	119399
treasurer's estimate exceeds the amount of taxes, assessments,	119400
interest, penalties, and costs actually payable when the deed is	119401
transferred to the purchaser, the officer who conducted the sale	119402
shall refund to the purchaser the difference between the estimate	119403
and the amount actually payable. If the amount of taxes,	119404
assessments, interest, penalties, and costs actually payable when	119405
the deed is transferred to the purchaser exceeds the county	119406
treasurer's estimate, the officer shall certify the amount of the	119407
excess to the treasurer, who shall enter that amount on the real	119408
and public utility property tax duplicate opposite the property;	119409
the amount of the excess shall be payable at the next succeeding	119410
date prescribed for payment of taxes in section 323.12 of the	119411
Revised Code.	119412

(H) If a parcel is sold or transferred under this section or	119413
sections 323.28 and 323.65 to 323.78 of the Revised Code, the	119414
officer who conducted the sale or made the transfer of the	119415
property shall collect the recording fee and any associated costs	119416
to cover the recording from the purchaser or transferee at the	119417
time of the sale or transfer and, following confirmation of the	119418
sale or transfer, shall execute and record the deed conveying	119419
title to the parcel to the purchaser or transferee. For purposes	119420
of recording such deed, by placement of a bid or making a	119421
statement of interest by any party ultimately awarded the parcel,	119422
that purchaser or transferee thereby appoints the officer who	119423
makes the sale or is charged with executing and delivering the	119424
deed as agent for the purchaser or transferee for the sole purpose	119425
of accepting delivery of the deed. For such purposes, the	119426
confirmation of any such sale or order to transfer the parcel	119427
without appraisal or sale shall be deemed delivered upon the	119428
confirmation of such sale or transfer.	119429

(I) Notwithstanding section 5722.03 of the Revised Code, if	119430
the complaint alleges that the property is delinquent vacant land	119431
as defined in section 5721.01 of the Revised Code, abandoned lands	119432
as defined in section 323.65 of the Revised Code, or lands	119433
described in division (E) of section 5722.01 of the Revised Code,	119434
and the value of the taxes, assessments, penalties, interest, and	119435
all other charges and costs of the action exceed the auditor's	119436
fair market value of the parcel, then the court or board of	119437
revision having jurisdiction over the matter on motion of the	119438
plaintiff, or on the court's or board's own motion, shall, upon	119439
any adjudication of foreclosure, order, without appraisal and	119440
without sale, the fee simple title of the property to be	119441
transferred to and vested in an electing subdivision as defined in	119442
division (A) of section 5722.01 of the Revised Code. For purposes	119443
of determining whether the taxes, assessments, penalties,	119444
interest, and all other charges and costs of the action exceed the	119445
actual fair market value of the parcel, the auditor's most current	119446
valuation shall be rebuttably presumed to be, and constitute	119447
prima-facie evidence of, the fair market value of the parcel. In	119448
such case, the filing for journalization of a decree of	119449
foreclosure ordering that direct transfer without appraisal or	119450
sale shall constitute confirmation of the transfer and thereby	119451
terminate any further statutory or common law right of redemption.	119452

Sec. 5721.30. As used in sections 5721.30 to 5721.43 of the	119453
Revised Code:	119454

(A) "Tax certificate," "certificate," or "duplicate	119455
certificate" means a document that may be issued as a physical	119456
certificate, in book-entry form, or through an electronic medium,	119457
at the discretion of the county treasurer. Such document shall	119458
contain the information required by section 5721.31 of the Revised	119459
Code and shall be prepared, transferred, or redeemed in the manner	119460
prescribed by sections 5721.30 to 5721.43 of the Revised Code. As	119461
used in those sections, "tax certificate," "certificate," and	119462
"duplicate certificate" do not refer to the delinquent land tax	119463
certificate or the delinquent vacant land tax certificate issued	119464
under section 5721.13 of the Revised Code.	119465

(B) "Certificate parcel" means the parcel of delinquent land	119466
that is the subject of and is described in a tax certificate.	119467

(C) "Certificate holder" means a person, including a county	119468
land reutilization corporation, that purchases or otherwise	119469
acquires a tax certificate under section 5721.32, 5721.33, or	119470
5721.42 of the Revised Code, or a person to whom a tax certificate	119471
has been transferred pursuant to section 5721.36 of the Revised	119472
Code.	119473

(D) "Certificate purchase price" means, with respect to the	119474
sale of tax certificates under sections 5721.32, 5721.33, and	119475
5721.42 of the Revised Code, the amount equal to delinquent taxes	119476
charged against a certificate parcel at the time the tax	119477
certificate respecting that parcel is sold or transferred, not	119478
including any delinquent taxes the lien for which has been	119479
conveyed to a certificate holder through a prior sale of a tax	119480
certificate respecting that parcel. Payment of the certificate	119481
purchase price in a sale under section 5721.33 of the Revised Code	119482
may be made wholly in cash or partially in cash and partially by	119483
noncash consideration acceptable to the county treasurer from the	119484
purchaser, and, in the case of a county land reutilization	119485
corporation, with notes. In the event that any such noncash	119486
consideration is delivered to pay a portion of the certificate	119487
purchase price, such noncash consideration may be subordinate to	119488
the rights of the holders of other obligations whose proceeds paid	119489
the cash portion of the certificate purchase price.	119490

"Certificate purchase price" also includes the amount of the	119491
fee charged by the county treasurer to the purchaser of the	119492
certificate under division (H) of section 5721.32 of the Revised	119493
Code.	119494

(E)(1) With respect to a sale of tax certificates under	119495
section 5721.32 of the Revised Code, and except as provided in	119496
division (E)(2) of this section, "certificate redemption price"	119497
means the certificate purchase price plus the greater of the	119498
following:	119499

(a) Simple interest, at the certificate rate of interest,	119500
accruing during the certificate interest period on the certificate	119501
purchase price, calculated in accordance with section 5721.41 of	119502
the Revised Code;	119503

(b) Six per cent of the certificate purchase price.

119504

(2) If the certificate rate of interest equals zero, the	119505
certificate redemption price equals the certificate purchase price	119506
plus the fee charged by the county treasurer to the purchaser of	119507
the certificate under division (H) of section 5721.32 of the	119508
Revised Code.	119509

(F) With respect to a sale or transfer of tax certificates	119510
under section 5721.33 of the Revised Code, "certificate redemption	119511
price" means the amount equal to the sum of the following:	119512

(1) The certificate purchase price;

119513

(2) Interest accrued on the certificate purchase price at the	119514
certificate rate of interest from the date on which a tax	119515
certificate is delivered through and including the day immediately	119516
preceding the day on which the certificate redemption price is	119517
paid;	119518

(3) The fee, if any, charged by the county treasurer to the	119519
purchaser of the certificate under division (J) of section 5721.33	119520
of the Revised Code;	119521

(4) Any other fees charged by any county office in connection	119522
with the recording of tax certificates.	119523

(G) "Certificate rate of interest" means the rate of simple	119524
interest per year bid by the winning bidder in an auction of a tax	119525
certificate held under section 5721.32 of the Revised Code, or the	119526
rate of simple interest per year not to exceed eighteen per cent	119527
per year fixed pursuant to section 5721.42 of the Revised Code or	119528
by the county treasurer with respect to any tax certificate sold	119529
or transferred pursuant to a negotiated sale under section 5721.33	119530
of the Revised Code. The certificate rate of interest shall not be	119531
less than zero per cent per year.	119532

(H) "Cash" means United States currency, certified checks,	119533
money orders, bank drafts, electronic transfer of funds, or other	119534
forms of payment authorized by the county treasurer, and excludes	119535
any other form of payment not so authorized.	119536

(I) "The date on which a tax certificate is sold or	119537
transferred," "the date the certificate was sold or transferred,"	119538
"the date the certificate is purchased," and any other phrase of	119539
similar content mean, with respect to a sale pursuant to an	119540
auction under section 5721.32 of the Revised Code, the date	119541
designated by the county treasurer for the submission of bids and,	119542
with respect to a negotiated sale or transfer under section	119543
5721.33 of the Revised Code, the date of delivery of the tax	119544
certificates to the purchasers thereof pursuant to a tax	119545
certificate sale/purchase agreement.	119546

(J) "Certificate interest period" means, with respect to a	119547
tax certificate sold under section 5721.32 or 5721.42 of the	119548
Revised Code and for the purpose of accruing interest under	119549
section 5721.41 of the Revised Code, the period beginning on the	119550
date on which the certificate is purchased and, with respect to a	119551
tax certificate sold or transferred under section 5721.33 of the	119552
Revised Code, the period beginning on the date of delivery of the	119553
tax certificate, and in either case ending on one of the following	119554
dates:	119555

(1) The date the certificate holder files a request for	119556
foreclosure or notice of intent to foreclose under division (A) of	119557
section 5721.37 of the Revised Code and submits the payment	119558
required under division (B) of that section;	119559

(2) The date the owner of record of the certificate parcel,	119560
or any other person entitled to redeem that parcel, redeems the	119561
certificate parcel under division (A) or (C) of section 5721.38 of	119562
the Revised Code or redeems the certificate under section 5721.381	119563
of the Revised Code.	119564

(K) "Qualified trustee" means a trust company within the	119565
state or a bank having the power of a trust company within the	119566
state with a combined capital stock, surplus, and undivided	119567
profits of at least one hundred million dollars.	119568

(L) "Tax certificate sale/purchase agreement" means the	119569
purchase and sale agreement described in division (C) of section	119570
5721.33 of the Revised Code setting forth the certificate purchase	119571
price, plus any applicable premium or less any applicable	119572
discount, including, without limitation, the amount to be paid in	119573
cash and the amount and nature of any noncash consideration, the	119574
date of delivery of the tax certificates, and the other terms and	119575
conditions of the sale, including, without limitation, the rate of	119576
interest that the tax certificates shall bear.	119577

(M) "Noncash consideration" means any form of consideration	119578
other than cash, including, but not limited to, promissory notes	119579
whether subordinate or otherwise.	119580

(N) "Private attorney" means any attorney licensed to	119581
practice law in this state whose license has not been revoked and	119582
is not currently suspended, and who is retained to bring	119583
foreclosure proceedings pursuant to section 5721.37 of the Revised	119584
Code on behalf of a certificate holder.	119585

(O) "Related certificate parcel" means, with respect to a	119586
certificate holder, the certificate parcel with respect to which	119587
the certificate holder has purchased and holds a tax certificate	119588
pursuant to sections 5721.30 to 5721.43 of the Revised Code and,	119589
with respect to a tax certificate, the certificate parcel against	119590
which the tax certificate has been sold pursuant to those	119591
sections.	119592

(P) "Delinquent taxes" means delinquent taxes as defined in	119593
section 323.01 of the Revised Code and includes assessments and	119594
charges, and penalties and interest computed under section 323.121	119595
of the Revised Code.	119596

(Q) "Certificate period" means the period of time after the	119597
sale or delivery of a tax certificate within which a certificate	119598
holder must initiate an action to foreclose the tax lien	119599
represented by the certificate as specified under division (A) of	119600
section 5721.32 of the Revised Code or as negotiated under section	119601
5721.33 of the Revised Code.	119602

Sec. 5721.31. (A)(1) After receipt of a duplicate of the	119603
delinquent land list compiled under section 5721.011 of the	119604
Revised Code, or a delinquent land list compiled previously under	119605
that section, the county treasurer may select from the list	119606
parcels of delinquent land the lien against which the county	119607
treasurer may attempt to transfer by the sale of tax certificates	119608
under sections 5721.30 to 5721.43 of the Revised Code. None of the	119609
following parcels may be selected for a tax certificate sale:	119610

(a) A parcel for which the full amount of taxes, assessments,	119611
penalties, interest, and charges have been paid;	119612

(b) A parcel for which a valid contract under section	119613
323.122, 323.31, or 5713.20 of the Revised Code is in force;	119614

(c) A parcel the owner of which has filed a petition in	119615
bankruptcy, so long as the parcel is property of the bankruptcy	119616
estate.	119617

(2) The county treasurer shall compile a separate list of	119618
parcels selected for tax certificate sales, including the same	119619
information as is required to be included in the delinquent land	119620
list.	119621

Upon compiling the list of parcels selected for tax	119622
certificate sales, the county treasurer may conduct a title search	119623
for any parcel on the list.	119624

(B)(1) Except as otherwise provided in division (B)(3) of	119625
this section, when tax certificates are to be sold under section	119626
5721.32 of the Revised Code with respect to parcels, the county	119627
treasurer shall send written notice by certified mail to either	119628
the owner of record or all interested parties discoverable through	119629
a title search, or both, of each parcel on the list. A notice to	119630
an owner shall be sent to the owner's last known tax-mailing	119631
address. The notice shall inform the owner or interested parties	119632
that a tax certificate will be offered for sale on the parcel, and	119633
that the owner or interested parties may incur additional expenses	119634
as a result of the sale.	119635

(2) Except as otherwise provided in division (B)(3) of this	119636
section, when tax certificates are to be sold or transferred under	119637
section 5721.33 of the Revised Code with respect to parcels, the	119638
county treasurer, at least thirty days prior to the date of sale	119639
or transfer of such tax certificates, shall send written notice of	119640
the sale or transfer by certified mail to the last known	119641
tax-mailing address of the record owner of the property or parcel	119642
and may send such notice to all parties with an interest in the	119643
property that has been recorded in the property records of the	119644
county pursuant to section 317.08 of the Revised Code. The notice	119645
shall state that a tax certificate will be offered for sale or	119646
transfer on the parcel, and that the owner or interested parties	119647
may incur additional expenses as a result of the sale or transfer.	119648

(3) The county treasurer is not required to send a notice	119649
under division (B)(1) or (B)(2) of this section if the treasurer	119650
previously has attempted to send such notice to the owner of the	119651
parcel and the notice has been returned by the post office as	119652
undeliverable. The absence of a valid tax-mailing address for the	119653
owner of a parcel does not preclude the county treasurer from	119654
selling or transferring a tax certificate for the parcel.	119655

(C) The county treasurer shall advertise the sale of tax	119656
certificates under section 5721.32 of the Revised Code in a	119657
newspaper of general circulation in the county, once a week for	119658
two consecutive weeks. The newspaper shall meet the requirements	119659
of section 7.12 of the Revised Code. The advertisement shall	119660
include the date, the time, and the place of the public auction,	119661
abbreviated legal descriptions of the parcels, and the names of	119662
the owners of record of the parcels. The advertisement also shall	119663
include the certificate purchase prices of the parcels or the	119664
total purchase price of tax certificates for sale in blocks of tax	119665
certificates.	119666

(D) After the county treasurer has compiled the list of	119667
parcels selected for tax certificate sales but before a tax	119668
certificate respecting a parcel is sold or transferred, if the	119669
owner of record of the parcel pays to the county treasurer in cash	119670
the delinquent taxes respecting the parcel or otherwise acts so	119671
that any condition in division (A)(1)(a), (b), or (c) of this	119672
section applies to the parcel, the owner of record of the parcel	119673
also shall pay a fee in an amount prescribed by the treasurer to	119674
cover the administrative costs of the treasurer under this section	119675
respecting the parcel. The fee shall be deposited in the county	119676
treasury to the credit of the tax certificate administration fund.	119677

(E) A tax certificate administration fund shall be created in	119678
the county treasury of each county selling tax certificates under	119679
sections 5721.30 to 5721.43 of the Revised Code. The fund shall be	119680
administered by the county treasurer, and used solely for the	119681
purposes of sections 5721.30 to 5721.43 of the Revised Code or as	119682
otherwise permitted in this division. Any fee received by the	119683
treasurer under sections 5721.30 to 5721.43 of the Revised Code	119684
shall be credited to the fund, except the bidder registration fee	119685
under division (B) of section 5721.32 of the Revised Code and the	119686
county prosecuting attorney's fee under division (B)(3) of section	119687
5721.37 of the Revised Code. To the extent there is a surplus in	119688
the fund from time to time, the surplus may, with the approval of	119689
the county treasurer, be utilized for the purposes of a county	119690
land reutilization corporation operating in the county.	119691

(F) The county treasurers of more than one county may jointly	119692
conduct a regional sale of tax certificates under section 5721.32	119693
of the Revised Code. A regional sale shall be held at a single	119694
location in one county, where the tax certificates from each of	119695
the participating counties shall be offered for sale at public	119696
auction. Before the regional sale, each county treasurer shall	119697
advertise the sale for the parcels in the treasurer's county as	119698
required by division (C) of this section. At the regional sale,	119699
tax certificates shall be sold on parcels from one county at a	119700
time, with all of the certificates for one county offered for sale	119701
before any certificates for the next county are offered for sale.	119702

(G) The tax commissioner shall prescribe the form of the tax	119703
certificate under this section, and county treasurers shall use	119704
the form so prescribed.	119705

Sec. 5721.32. (A) The sale of tax certificates by public	119706
auction may be conducted at any time after completion of the	119707
advertising of the sale under section 5721.31 of the Revised Code,	119708
on the date and at the time and place designated in the	119709
advertisements, and may be continued from time to time as the	119710
county treasurer directs. The county treasurer may offer the tax	119711
certificates for sale in blocks of tax certificates, consisting of	119712
any number of tax certificates as determined by the county	119713
treasurer, and may specify a certificate period of not less than	119714
three years and not more than six years.	119715

(B)(1) The sale of tax certificates under this section shall	119716
be conducted at a public auction by the county treasurer or a	119717
designee of the county treasurer.	119718

(2) No person shall be permitted to bid without completing a	119719
bidder registration form, in the form prescribed by the tax	119720
commissioner, and without filing the form with the county	119721
treasurer prior to the start of the auction, together with	119722
remittance of a registration fee, in cash, of five hundred	119723
dollars. The bidder registration form shall include a tax	119724
identification number of the registrant. The registration fee is	119725
refundable at the end of bidding on the day of the auction, unless	119726
the registrant is the winning bidder for one or more tax	119727
certificates or one or more blocks of tax certificates, in which	119728
case the fee may be applied toward the deposit required by this	119729
section.	119730

(3) The county treasurer may require a person who wishes to	119731
bid on one or more parcels to submit a letter from a financial	119732
institution stating that the bidder has sufficient funds available	119733
to pay the purchase price of the parcels and a written	119734
authorization for the treasurer to verify such information with	119735
the financial institution. The county treasurer may require	119736
submission of the letter and authorization sufficiently in advance	119737
of the auction to allow for verification. No person who fails to	119738
submit the required letter and authorization, or whose financial	119739
institution fails to provide the requested verification, shall be	119740
permitted to bid.	119741

(C) At the public auction, the county treasurer or the	119742
treasurer's designee or agent shall begin the bidding at eighteen	119743
per cent per year simple interest, and accept lower bids in even	119744
increments of one-fourth of one per cent to the rate of zero per	119745
cent. The county treasurer, designee, or agent shall award the tax	119746
certificate to the person bidding the lowest certificate rate of	119747
interest. The county treasurer shall decide which person is the	119748
winning bidder in the event of a tie for the lowest bid offered,	119749
or if a person contests the lowest bid offered. The county	119750
treasurer's decision is not appealable.	119751

(D)(1) The winning bidder shall pay the county treasurer a	119752
cash deposit of at least ten per cent of the certificate purchase	119753
price not later than the close of business on the day of the sale.	119754
The winning bidder shall pay the balance and the fee required	119755
under division (H) of this section not later than five business	119756
days after the day on which the certificate is sold. Except as	119757
provided under division (D)(2) of this section, if the winning	119758
bidder fails to pay the balance and fee within the prescribed	119759
time, the bidder forfeits the deposit, and the county treasurer	119760
shall retain the tax certificate and may attempt to sell it at any	119761
auction conducted at a later date.	119762

(2) At the request of a winning bidder, the county treasurer	119763
may release the bidder from the bidder's tax certificate purchase	119764
obligation. The county treasurer may retain all or any portion of	119765
the deposit of a bidder granted a release. After granting a	119766
release under this division, the county treasurer may award the	119767
tax certificate to the person that submitted the second lowest bid	119768
at the auction.	119769

(3) The county treasurer shall deposit the deposit forfeited	119770
or retained under divisions (D)(1) or (2) of this section in the	119771
county treasury to the credit of the tax certificate	119772
administration fund.	119773

(E) Upon receipt of the full payment of the certificate	119774
purchase price from the purchaser, the county treasurer shall	119775
issue the tax certificate and record the tax certificate sale by	119776
entering into a tax certificate register the certificate purchase	119777
price, the certificate rate of interest, the date the certificate	119778
was sold, the certificate period, the name and address of the	119779
certificate holder, and any other information the county treasurer	119780
considers necessary. The county treasurer may keep the tax	119781
certificate register in a hard-copy format or in an electronic	119782
format. The name and address of the certificate holder may be,	119783
upon receipt of instructions from the purchaser, that of the	119784
secured party of the actual purchaser, or an agent or custodian	119785
for the purchaser or secured party. The county treasurer also	119786
shall transfer the tax certificate to the certificate holder. The	119787
county treasurer shall apportion the part of the proceeds from the	119788
sale representing taxes, penalties, and interest among the several	119789
taxing districts in the same proportion that the amount of taxes	119790
levied by each district against the certificate parcel in the	119791
preceding tax year bears to the taxes levied by all such districts	119792
against the certificate parcel in the preceding tax year, and	119793
credit the part of the proceeds representing assessments and other	119794
charges to the items of assessments and charges in the order in	119795
which those items became due. Upon issuing a tax certificate, the	119796
delinquent taxes that make up the certificate purchase price are	119797
transferred, and the superior lien of the state and its taxing	119798
districts for those delinquent taxes is conveyed intact to the	119799
certificate holder.	119800

(F) If a tax certificate is offered for sale under this	119801
section but is not sold, the county treasurer may sell the	119802
certificate in a negotiated sale authorized under section 5721.33	119803
of the Revised Code, or may strike the corresponding certificate	119804
parcel from the list of parcels selected for tax certificate	119805
sales. The lien for taxes, assessments, charges, penalties, and	119806
interest against a parcel stricken from the list thereafter may be	119807
foreclosed in the manner prescribed by section 323.25, sections	119808
323.65 to 323.79, or section 5721.14 or 5721.18 of the Revised	119809
Code unless, prior to the institution of such proceedings against	119810
the parcel, the county treasurer restores the parcel to the list	119811
of parcels selected for tax certificate sales.	119812

(G) A certificate holder shall not be liable for damages	119813
arising from a violation of sections 3737.87 to 3737.891 or	119814
Chapter 3704., 3734., 3745., 3746., 3750., 3751., 3752., 6109., or	119815
6111. of the Revised Code, or a rule adopted or order, permit,	119816
license, variance, or plan approval issued under any of those	119817
chapters, that is or was committed by another person in connection	119818
with the parcel for which the tax certificate is held.	119819

(H) When selling a tax certificate under this section, the	119820
county treasurer shall charge a fee to the purchaser of the	119821
certificate. The county treasurer shall set the fee at a	119822
reasonable amount that covers the treasurer's costs of	119823
administering the sale of the tax certificate. The county	119824
treasurer shall deposit the fee in the county treasury to the	119825
credit of the tax certificate administration fund.	119826

(I) After selling a tax certificate under this section, the	119827
county treasurer shall send written notice by certified mail to	119828
the owner of the certificate parcel at the owner's last known	119829
tax-mailing address. The notice shall inform the owner that the	119830
tax certificate was sold, shall describe the owner's options to	119831
redeem the parcel, including entering into a redemption payment	119832
plan under division (C)(1) of section 5721.38 of the Revised Code,	119833
and shall name the certificate holder and its secured party, if	119834
any. However, the county treasurer is not required to send a	119835
notice under this division if the treasurer previously has	119836
attempted to send a notice to the owner of the parcel at the	119837
owner's last known tax-mailing address, and the postal service has	119838
returned the notice as undeliverable.	119839

(J) A tax certificate shall not be sold to the owner of the	119840
certificate parcel.	119841

Sec. 5721.37. (A)(1) ~~Division (A)(1) of this section~~	119842
~~applies to tax certificates purchased under section 5721.32 of the~~	119843
~~Revised Code, or under section 5721.42 of the Revised Code by the~~	119844
~~holder of a certificate issued under section 5721.32 of the~~	119845
~~Revised Code.~~ At any time after one year from the date shown on	119846
the tax certificate as the date the tax certificate was sold, and	119847
not later than ~~six years after that date~~the end of the	119848
certificate period, a certificate holder, except for a county land	119849
reutilization corporation, may file with the county treasurer a	119850
request for foreclosure, or a private attorney on behalf of the	119851
certificate holder may file with the county treasurer a notice of	119852
intent to foreclose, on a form prescribed by the tax commissioner,	119853
provided the certificate parcel has not been redeemed under	119854
division (A) or (C) of section 5721.38 of the Revised Code and at	119855
least one certificate respecting the certificate parcel, held by	119856
the certificate holder filing the request for foreclosure or	119857
notice of intent to foreclose and eligible to be enforced through	119858
a foreclosure proceeding, has not been voided under section	119859
5721.381 of the Revised Code. If the certificate holder is a	119860
county land reutilization corporation, the corporation may	119861
institute a foreclosure action under the statutes pertaining to	119862
the foreclosure of mortgages or as permitted under sections 323.65	119863
to 323.79 of the Revised Code at any time after it acquires the	119864
tax certificate.	119865

(2) ~~Division (A)(2) of this section applies to tax~~	119866
~~certificates purchased under section 5721.33 of the Revised Code~~	119867
~~or under section 5721.42 of the Revised Code by the holder of a~~	119868
~~certificate issued under section 5721.33 of the Revised Code. At~~	119869
~~any time after one year from the date shown on the tax certificate~~	119870
~~as the date the tax certificate was sold, and not later than six~~	119871
~~years after that date or any extension of that date pursuant to~~	119872
~~division (C)(2) of section 5721.38 of the Revised Code, or not~~	119873
~~earlier or later than the dates negotiated by the county treasurer~~	119874
~~and specified in the tax certificate sale/purchase agreement, the~~	119875
~~certificate holder may file with the county treasurer a request~~	119876
~~for foreclosure, or a private attorney on behalf of a certificate~~	119877
~~holder other than a county land reutilization corporation may file~~	119878
~~with the county treasurer a notice of intent to foreclose, on a~~	119879
~~form prescribed by the tax commissioner, provided the parcel has~~	119880
~~not been redeemed under division (A) or (C) of section 5721.38 of~~	119881
~~the Revised Code and at least one certificate respecting the~~	119882
~~certificate parcel, held by the certificate holder filing the~~	119883
~~request for foreclosure or notice of intent to foreclose and~~	119884
~~eligible to be enforced through a foreclosure proceeding, has not~~	119885
~~been voided under section 5721.381 of the Revised Code. If the~~	119886
~~certificate holder is a county land reutilization corporation, the~~	119887
~~corporation may institute a foreclosure action under the statutes~~	119888
~~pertaining to the foreclosure of mortgages or as permitted under~~	119889
~~sections 323.65 to 323.79 of the Revised Code at any time after it~~	119890
~~acquires the tax certificate.~~	119891

~~(3)(a) Division (A)(3)(a) of this section applies to a tax~~	119892
~~certificate purchased under section 5721.32 of the Revised Code,~~	119893
~~or under section 5721.42 of the Revised Code by the holder of a~~	119894
~~certificate issued under section 5721.32 of the Revised Code, and~~	119895
~~not held by a county land reutilization corporation. If, before~~	119896
~~the expiration of six years after the date a tax certificate was~~	119897
~~sold, the owner of the property for which the certificate was sold~~	119898
~~files a petition in bankruptcy, the county treasurer, upon being~~	119899
~~notified of the filing of the petition, shall notify the~~	119900
~~certificate holder by ordinary first-class or certified mail or by~~	119901
~~binary means of the filing of the petition. It is the obligation~~	119902
~~of the certificate holder to file a proof of claim with the~~	119903
~~bankruptcy court to protect the holder's interest in the~~	119904
~~certificate parcel. The last day on which the certificate holder~~	119905
~~may file a request for foreclosure or the private attorney may~~	119906
~~file a notice of intent to foreclose is the later of six years~~	119907
~~after the date the certificate was sold or one hundred eighty days~~	119908
~~after the certificate parcel is no longer property of the~~	119909
~~bankruptcy estate; however, the six-year period measured from the~~	119910
~~date the certificate was sold is tolled while the property owner's~~	119911
~~bankruptcy case remains open.~~	119912

~~(b) Division (A)(3)(b) of this section applies to a tax~~	119913
~~certificate purchased under section 5721.33 of the Revised Code,~~	119914
~~or under section 5721.42 of the Revised Code by the holder of a~~	119915
~~certificate issued under section 5721.33 of the Revised Code, and~~	119916
~~not held by a county land reutilization corporation. If, before~~	119917
~~six years after the date a tax certificate was sold or before the~~	119918
~~date negotiated by the county treasurer~~If, before the expiration	119919
of the certificate period, the owner of the property files a	119920
petition in bankruptcy, the county treasurer, upon being notified	119921
of the filing of the petition, shall notify the certificate holder	119922
by ordinary first-class or certified mail or by binary means of	119923
the filing of the petition. It is the obligation of the	119924
certificate holder to file a proof of claim with the bankruptcy	119925
court to protect the holder's interest in the certificate parcel.	119926
The last day on which the certificate holder may file a request	119927
for foreclosure or a notice of intent to foreclose is the later of	119928
~~six years after the date the tax certificate was sold or the date~~	119929
~~negotiated by the county treasurer,~~the expiration of the	119930
certificate period or one hundred eighty days after the	119931
certificate parcel is no longer property of the bankruptcy estate;	119932
however, the ~~six-year or negotiated period being measured after~~	119933
~~the date the certificate was sold~~certificate period is tolled	119934
while the property owner's bankruptcy case remains open. If the	119935
certificate holder is a county land reutilization corporation, the	119936
corporation may institute a foreclosure action under the statutes	119937
pertaining to the foreclosure of mortgages or as permitted under	119938
sections 323.65 to 323.79 of the Revised Code at any time after it	119939
acquires such tax certificate, subject to any restrictions under	119940
such bankruptcy law or proceeding.	119941

~~(c)~~ Interest at the certificate rate of interest continues to	119942
accrue during any extension of time required by division ~~(A)(3)(a)~~	119943
~~or (b)~~(A)(2) of this section unless otherwise provided under Title	119944
11 of the United States Code.	119945

~~(4)~~(3) If, before the expiration of three years from the date	119946
a tax certificate was sold, the owner of property for which the	119947
certificate was sold applies for an exemption under section	119948
3735.67 or 5715.27 of the Revised Code or under any other section	119949
of the Revised Code under the jurisdiction of the director of	119950
environmental protection, the county treasurer shall notify the	119951
certificate holder by ordinary first-class or certified mail or by	119952
binary means of the filing of the application. Once a	119953
determination has been made on the exemption application, the	119954
county treasurer shall notify the certificate holder of the	119955
determination by ordinary first-class or certified mail or by	119956
binary means. Except with respect to a county land reutilization	119957
corporation, the last day on which the certificate holder may file	119958
a request for foreclosure shall be the later of three years from	119959
the date the certificate was sold or forty-five days after notice	119960
of the determination was provided.	119961

(B) When a request for foreclosure or a notice of intent to	119962
foreclose is filed under ~~division (A)(1) or (2) of~~ this section,	119963
the certificate holder shall submit a payment to the county	119964
treasurer equal to the sum of the following:	119965

(1) The certificate redemption prices of all outstanding tax	119966
certificates that have been sold on the parcel, other than tax	119967
certificates held by the person requesting foreclosure;	119968

(2) Any taxes, assessments, penalties, interest, and charges	119969
appearing on the tax duplicate charged against the certificate	119970
parcel that is the subject of the foreclosure proceedings and that	119971
are not covered by a tax certificate, but such amounts are not	119972
payable if the certificate holder is a county land reutilization	119973
corporation;	119974

(3) If the foreclosure proceedings are filed by the county	119975
prosecuting attorney pursuant to section 323.25, sections 323.65	119976
to 323.79, or section 5721.14 or 5721.18 of the Revised Code, a	119977
fee in the amount prescribed by the county prosecuting attorney to	119978
cover the prosecuting attorney's legal costs incurred in the	119979
foreclosure proceeding.	119980

(C)(1) With respect to a certificate purchased under section	119981
5721.32, 5721.33, or 5721.42 of the Revised Code, if the	119982
certificate parcel has not been redeemed and at least one	119983
certificate respecting the certificate parcel, held by the	119984
certificate holder filing the request for foreclosure and eligible	119985
to be enforced through a foreclosure proceeding, has not been	119986
voided under section 5721.381 of the Revised Code, the county	119987
treasurer, within five days after receiving a foreclosure request	119988
and the payment required under division (B) of this section, shall	119989
certify notice to that effect to the county prosecuting attorney	119990
and shall provide a copy of the foreclosure request. The county	119991
treasurer also shall send notice by ordinary first class or	119992
certified mail to all certificate holders other than the	119993
certificate holder requesting foreclosure that foreclosure has	119994
been requested by a certificate holder and that payment for the	119995
tax certificates is forthcoming. Within ninety days of receiving	119996
the copy of the foreclosure request, the prosecuting attorney	119997
shall commence a foreclosure proceeding in the name of the county	119998
treasurer in the manner provided under section 323.25, sections	119999
323.65 to 323.79, or section 5721.14 or 5721.18 of the Revised	120000
Code, to enforce the lien vested in the certificate holder by the	120001
certificate. The prosecuting attorney shall attach to the	120002
complaint the foreclosure request and the county treasurer's	120003
written certification.	120004

(2) With respect to a certificate purchased under section	120005
5721.32, 5721.33, or 5721.42 of the Revised Code, if the	120006
certificate parcel has not been redeemed, at least one certificate	120007
respecting the certificate parcel, held by the certificate holder	120008
filing the notice of intent to foreclose and eligible to be	120009
enforced through a foreclosure proceeding, has not been voided	120010
under section 5721.381 of the Revised Code, a notice of intent to	120011
foreclose has been filed, and the payment required under division	120012
(B) of this section has been made, the county treasurer shall	120013
certify notice to that effect to the private attorney. The county	120014
treasurer also shall send notice by ordinary first class or	120015
certified mail or by binary means to all certificate holders other	120016
than the certificate holder represented by the attorney that a	120017
notice of intent to foreclose has been filed and that payment for	120018
the tax certificates is forthcoming. After receipt of the	120019
treasurer's certification and not later than one hundred twenty	120020
days after the filing of the intent to foreclose or the number of	120021
days specified under the terms of a negotiated sale under section	120022
5721.33 of the Revised Code, the private attorney shall commence a	120023
foreclosure proceeding in the name of the certificate holder in	120024
the manner provided under division (F) of this section to enforce	120025
the lien vested in the certificate holder by the certificate. The	120026
private attorney shall attach to the complaint the notice of	120027
intent to foreclose and the county treasurer's written	120028
certification.	120029

(D) The county treasurer shall credit the amount received	120030
under division (B)(1) of this section to the tax certificate	120031
redemption fund. The tax certificates respecting the payment shall	120032
be paid as provided in division (D) of section 5721.38 of the	120033
Revised Code. The amount received under division (B)(2) of this	120034
section shall be distributed to the taxing districts to which the	120035
delinquent and unpaid amounts are owed. The county treasurer shall	120036
deposit the fee received under division (B)(3) of this section in	120037
the county treasury to the credit of the delinquent tax and	120038
assessment collection fund.	120039

(E)(1)~~(a) Except with respect to a county land reutilization~~	120040
~~corporation, if, in the case of a certificate purchased under~~	120041
~~section 5721.32 of the Revised Code, or under section 5721.42 of~~	120042
~~the Revised Code by the holder of a certificate issued under~~	120043
~~section 5721.32 of the Revised Code, the certificate holder does~~	120044
~~not file with the county treasurer a request for foreclosure or a~~	120045
~~notice of intent to foreclose with the required payment within six~~	120046
~~years after the date shown on the tax certificate as the date the~~	120047
~~certificate was sold or within the period provided under division~~	120048
~~(A)(3)(a) of this section, and during that time the certificate~~	120049
~~has not been voided under section 5721.381 of the Revised Code and~~	120050
~~the parcel has not been redeemed or foreclosed upon, the~~	120051
~~certificate holder's lien against the parcel is canceled, and the~~	120052
~~certificate is voided, subject to division (E)(1)(b) of this~~	120053
~~section.~~	120054

~~(b) In the case of any tax certificate purchased under~~	120055
~~section 5721.32 of the Revised Code or under section 5721.42 of~~	120056
~~the Revised Code by the holder of a certificate issued under~~	120057
~~section 5721.32 of the Revised Code prior to June 24, 2008, the~~	120058
~~county treasurer, upon application by the certificate holder, may~~	120059
~~sell to the certificate holder a new certificate extending the~~	120060
~~three-year period prescribed by division (E)(1) of this section,~~	120061
~~as that division existed prior to that date, to six years after~~	120062
~~the date shown on the original certificate as the date it was sold~~	120063
~~or any extension of that date.~~	120064

~~(2)(a)~~ Except with respect to a county land reutilization	120065
corporation, if~~, in the case of a certificate purchased under~~	120066
~~section 5721.33 of the Revised Code, or under section 5721.42 of~~	120067
~~the Revised Code by the holder of a certificate issued under~~	120068
~~section 5721.33 of the Revised Code,~~ the certificate holder does	120069
not file with the county treasurer a request for foreclosure or a	120070
notice of intent to foreclose with respect to a certificate parcel	120071
with the required payment within ~~six years after the date shown on~~	120072
~~the tax certificate as the date the certificate was sold~~the	120073
certificate period or any extension of that ~~date~~period pursuant	120074
to division (C)(2) of section 5721.38 of the Revised Code, or	120075
within the period provided under division ~~(A)(3)(b)~~(A)(2) of this	120076
section ~~or as specified under the terms of a negotiated sale under~~	120077
~~section 5721.33 of the Revised Code~~, and during that time the	120078
certificate has not been voided under section 5721.381 of the	120079
Revised Code and the certificate parcel has not been redeemed or	120080
foreclosed upon, the certificate holder's lien against the parcel	120081
is canceled and the certificate is voided, subject to division	120082
~~(E)(2)(b)~~(E)(2) of this section.	120083

~~(b)~~(2) In the case of any tax certificate purchased under	120084
section ~~5721.33~~5721.32 of the Revised Code or under section	120085
5721.42 of the Revised Code by the holder of a certificate issued	120086
under section 5721.32 of the Revised Code prior to ~~October 10,~~	120087
~~2000~~June 24, 2008, the county treasurer, upon application by the	120088
certificate holder, may sell to the certificate holder a new	120089
certificate extending the three-year period prescribed by division	120090
~~(E)(2)~~(E)(1) of this section, as that division existed prior to	120091
~~October 10, 2000~~that date, to six years after the date shown on	120092
the original certificate as the date it was sold or any extension	120093
of that date.	120094

~~(3)~~ The county treasurer and the certificate holder shall	120095
negotiate the premium, in cash, to be paid for a new certificate	120096
sold under division ~~(E)(1)(b) or (2)(b)~~(E)(2) of this section. If	120097
the county treasurer and certificate holder do not negotiate a	120098
mutually acceptable premium, the county treasurer and certificate	120099
holder may agree to engage a person experienced in the valuation	120100
of financial assets to appraise a fair premium for the new	120101
certificate. The certificate holder has the option to purchase the	120102
new certificate for the fair premium so appraised. Not less than	120103
one-half of the fee of the person so engaged shall be paid by the	120104
certificate holder requesting the new certificate; the remainder	120105
of the fee shall be paid from the proceeds of the sale of the new	120106
certificate. If the certificate holder does not purchase the new	120107
certificate for the premium so appraised, the certificate holder	120108
shall pay the entire fee. The county treasurer shall credit the	120109
remaining proceeds from the sale to the items of taxes,	120110
assessments, penalties, interest, and charges in the order in	120111
which they became due.	120112

~~(4)~~ A certificate issued under division ~~(E)(1)(b) or~~	120113
~~(2)(b)~~(E)(2) of this section vests in the certificate holder and	120114
its secured party, if any, the same rights, interests, privileges,	120115
and immunities as are vested by the original certificate under	120116
sections 5721.30 to 5721.43 of the Revised Code. The certificate	120117
shall be issued in the same form as the form prescribed for the	120118
original certificate issued except for any modifications	120119
necessary, in the county treasurer's discretion, to reflect the	120120
extension under this division of the certificate holder's lien to	120121
six years after the date shown on the original certificate as the	120122
date it was sold or any extension of that date. The certificate	120123
holder may record a certificate issued under division ~~(E)(1)(b) or~~	120124
~~(2)(b)~~(E)(2) of this section or memorandum thereof as provided in	120125
division (B) of section 5721.35 of the Revised Code, and the	120126
county recorder shall index the certificate and record any	120127
subsequent cancellation of the lien as provided in that section.	120128
The sale of a certificate extending the lien under division	120129
~~(E)(1)(b) or (2)(b)~~(E)(2) of this section does not impair the	120130
right of redemption of the owner of record of the certificate	120131
parcel or of any other person entitled to redeem the property.	120132

~~(5)~~(3) If the holder of a certificate purchased under section	120133
5721.32, 5721.33, or 5721.42 of the Revised Code submits a notice	120134
of intent to foreclose to the county treasurer but fails to file a	120135
foreclosure action in a court of competent jurisdiction within the	120136
time specified in division (C)(2) of this section, the liens	120137
represented by all tax certificates respecting the certificate	120138
parcel held by that certificate holder, and for which the deadline	120139
for filing a notice of intent to foreclose has passed, are	120140
canceled and the certificates voided, and the certificate holder	120141
forfeits the payment of the amounts described in division (B)(2)	120142
of this section.	120143

(F) With respect to tax certificates purchased under section	120144
5721.32, 5721.33, or 5721.42 of the Revised Code, upon the	120145
delivery to the private attorney by the county treasurer of the	120146
certification provided for under division (C)(2) of this section,	120147
the private attorney shall institute a foreclosure proceeding	120148
under this division in the name of the certificate holder to	120149
enforce the holder's lien, in any court or board of revision with	120150
jurisdiction, unless the certificate redemption price is paid	120151
prior to the time a complaint is filed. The attorney shall	120152
prosecute the proceeding to final judgment and satisfaction,	120153
whether through sale of the property or the vesting of title and	120154
possession in the certificate holder or other disposition under	120155
sections 323.65 to 323.79 of the Revised Code or as may otherwise	120156
be provided by law.	120157

The foreclosure proceedings under this division, except as	120158
otherwise provided in this division, shall be instituted and	120159
prosecuted in the same manner as is provided by law for the	120160
foreclosure of mortgages on land, except that, if service by	120161
publication is necessary, such publication shall be made once a	120162
week for three consecutive weeks and the service shall be complete	120163
at the expiration of three weeks after the date of the first	120164
publication.	120165

Any notice given under this division shall include the name	120166
of the owner of the parcel as last set forth in the records of the	120167
county recorder, the owner's last known mailing address, the	120168
address of the subject parcel if different from that of the owner,	120169
and a complete legal description of the subject parcel. In any	120170
county that has adopted a permanent parcel number system, such	120171
notice may include the permanent parcel number in addition to a	120172
complete legal description.	120173

It is sufficient, having been made a proper party to the	120174
foreclosure proceeding, for the certificate holder to allege in	120175
such holder's complaint that the tax certificate has been duly	120176
purchased by the certificate holder, that the certificate	120177
redemption price is due and unpaid, that there is a lien against	120178
the property described in the tax certificate, and, if applicable,	120179
that the certificate holder desires to invoke the alternative	120180
redemption period prescribed in sections 323.65 to 323.79 of the	120181
Revised Code, without setting forth in such holder's complaint any	120182
other special matter relating to the foreclosure proceeding. The	120183
complaint shall pray for an order directing the sheriff, or the	120184
bailiff if the complaint is filed in municipal court, to offer the	120185
property for sale in the manner provided in section 5721.19 of the	120186
Revised Code or otherwise transferred according to any applicable	120187
procedures provided in sections 323.65 to 323.79 of the Revised	120188
Code, unless the complaint documents that the county auditor has	120189
determined that the true value of the certificate parcel is less	120190
than the certificate purchase price. In that case, the prayer of	120191
the complaint shall request that fee simple title to the property	120192
be transferred to and vested in the certificate holder free and	120193
clear of all subordinate liens.	120194

In the foreclosure proceeding, the certificate holder may	120195
join in one action any number of tax certificates relating to the	120196
same owner. However, the decree for each tax certificate shall be	120197
rendered separately and any proceeding may be severed, in the	120198
discretion of the court or board of revision, for the purpose of	120199
trial or appeal. Except as may otherwise be provided in sections	120200
323.65 to 323.79 of the Revised Code, upon confirmation of sale,	120201
the court or board of revision shall order payment of all costs	120202
related directly or indirectly to the tax certificate, including,	120203
without limitation, attorney's fees of the holder's attorney in	120204
accordance with section 5721.371 of the Revised Code. The tax	120205
certificate purchased by the certificate holder is presumptive	120206
evidence in all courts and boards of revision and in all	120207
proceedings, including, without limitation, at the trial of the	120208
foreclosure action, of the amount and validity of the taxes,	120209
assessments, charges, penalties by the court and added to such	120210
principal amount, and interest appearing due and unpaid and of	120211
their nonpayment.	120212

(G) If a parcel is sold under this section, the officer who	120213
conducted the sale shall collect the recording fee from the	120214
purchaser at the time of the sale and, following confirmation of	120215
the sale, shall prepare and record the deed conveying the title to	120216
the parcel to the purchaser.	120217

Sec. 5721.38. (A) At any time prior to payment to the county	120218
treasurer by the certificate holder to initiate foreclosure	120219
proceedings under division (B) of section 5721.37 of the Revised	120220
Code, the owner of record of the certificate parcel, or any other	120221
person entitled to redeem that parcel, may redeem the parcel by	120222
paying to the county treasurer an amount equal to the total of the	120223
certificate redemption prices of all tax certificates respecting	120224
that parcel.	120225

(B) At any time after payment to the county treasurer by the	120226
certificate holder to initiate foreclosure proceedings under	120227
section 5721.37 of the Revised Code, and before the filing of the	120228
entry of confirmation of sale of a certificate parcel, or the	120229
expiration of the alternative redemption period defined in section	120230
323.65 of the Revised Code under foreclosure proceedings filed by	120231
the county prosecuting attorney, and before the decree conveying	120232
title to the certificate holder is rendered as provided for in	120233
division (F) of section 5721.37 of the Revised Code, the owner of	120234
record of the certificate parcel or any other person entitled to	120235
redeem that parcel may redeem the parcel by paying to the county	120236
treasurer the sum of the following amounts:	120237

(1) The amount described in division (A) of this section;

120238

(2) Interest on the certificate purchase price for each tax	120239
certificate sold respecting the parcel at the rate of eighteen per	120240
cent per year for the period beginning on the day on which the	120241
payment was submitted by the certificate holder and ending on the	120242
day the parcel is redeemed under this division;	120243

(3) An amount equal to the sum of the county prosecuting	120244
attorney's fee under division (B)(3) of section 5721.37 of the	120245
Revised Code plus interest on that amount at the rate of eighteen	120246
per cent per year beginning on the day on which the payment was	120247
submitted by the certificate holder and ending on the day the	120248
parcel is redeemed under this division. If the parcel is redeemed	120249
before the complaint has been filed, the prosecuting attorney	120250
shall adjust the fee to reflect services performed to the date of	120251
redemption, and the county treasurer shall calculate the interest	120252
based on the adjusted fee and refund any excess fee to the	120253
certificate holder.	120254

(4) Reasonable attorney's fees in accordance with section	120255
5721.371 of the Revised Code if the certificate holder retained a	120256
private attorney to foreclose the lien;	120257

(5) Any other costs and fees of the proceeding allocable to	120258
the certificate parcel as determined by the court or board of	120259
revision.	120260

The county treasurer may collect the total amount due under	120261
divisions (B)(1) to (5) of this section in the form of guaranteed	120262
funds acceptable to the treasurer. Immediately upon receipt of	120263
such payments, the county treasurer shall reimburse the	120264
certificate holder who initiated foreclosure proceedings as	120265
provided in division (D) of this section. The county treasurer	120266
shall pay the certificate holder interest at the rate of eighteen	120267
per cent per year on amounts paid under divisions (B)(2) and (3)	120268
of section 5721.37 of the Revised Code, beginning on the day the	120269
certificate holder paid the amounts under those divisions and	120270
ending on the day the parcel is redeemed under this section.	120271

(C)(1) During the period beginning on the date a tax	120272
certificate is sold under section 5721.32 of the Revised Code and	120273
ending one year from that date, the county treasurer may enter	120274
into a redemption payment plan with the owner of record of the	120275
certificate parcel or any other person entitled to redeem that	120276
parcel. The plan shall require the owner or other person to pay	120277
the certificate redemption price for the tax certificate in	120278
installments, with the final installment due no later than one	120279
year after the date the tax certificate is sold. The certificate	120280
holder may at any time, by written notice to the county treasurer,	120281
agree to accept installments collected to the date of notice as	120282
payment in full. Receipt of such notice by the treasurer shall	120283
constitute satisfaction of the payment plan and redemption of the	120284
tax certificate.	120285

(2) During the period beginning on the date a tax certificate	120286
is sold under section 5721.33 of the Revised Code and ending on	120287
the date the decree is rendered on the foreclosure proceeding	120288
under division (F) of section 5721.37 of the Revised Code, the	120289
owner of record of the certificate parcel, or any other person	120290
entitled to redeem that parcel, may enter into a redemption	120291
payment plan with the certificate holder and all secured parties	120292
of the certificate holder. The plan shall require the owner or	120293
other person to pay the certificate redemption price for the tax	120294
certificate, an administrative fee not to exceed one hundred	120295
dollars per year, and the actual fees and costs incurred, in	120296
installments, with the final installment due no later than ~~six~~	120297
~~years after the date the tax certificate is sold~~the expiration of	120298
the certificate period. The certificate holder shall give written	120299
notice of the plan to the applicable county treasurer within sixty	120300
days after entering into the plan and written notice of default	120301
under the plan within ninety days after the default. If such a	120302
plan is entered into, the time period for filing a request for	120303
foreclosure or a notice of intent to foreclose under section	120304
5721.37 of the Revised Code is extended by the length of time the	120305
plan is in effect and not in default.	120306

(D)(1) Immediately upon receipt of full payment under	120307
division (A) or (B) of this section, the county treasurer shall	120308
make an entry to that effect in the tax certificate register,	120309
credit the payment to the tax certificate redemption fund created	120310
in the county treasury, and shall notify the certificate holder or	120311
holders by ordinary first class or certified mail or by binary	120312
means that the parcel has been redeemed and the lien or liens	120313
canceled, and that payment on the certificate or certificates is	120314
forthcoming. The treasurer shall pay the tax certificate holder or	120315
holders promptly.	120316

The county treasurer shall administer the tax certificate	120317
redemption fund for the purpose of redeeming tax certificates.	120318
Interest earned on the fund shall be credited to the county	120319
general fund. If the county has established a county land	120320
reutilization corporation, the county treasurer may apply interest	120321
earned on the fund to the payment of the expenses of such	120322
corporation.	120323

(2) If a redemption payment plan is entered into pursuant to	120324
division (C)(1) of this section, the county treasurer immediately	120325
shall notify each certificate holder by ordinary first class or	120326
certified mail or by binary means of the terms of the plan.	120327
Installment payments made pursuant to the plan shall be deposited	120328
in the tax certificate redemption fund. Any overpayment of the	120329
installments shall be refunded to the person responsible for	120330
causing the overpayment if the person applies for a refund under	120331
this section. If the person responsible for causing the	120332
overpayment fails to apply for a refund under this section within	120333
five years from the date the plan is satisfied, an amount equal to	120334
the overpayment shall be deposited into the general fund of the	120335
county. If the county has established a county land reutilization	120336
corporation, the county treasurer may apply such overpayment to	120337
the payment of the expenses of the corporation.	120338

Upon satisfaction of the plan, the county treasurer shall	120339
indicate in the tax certificate register that the plan has been	120340
satisfied, and shall notify each certificate holder by ordinary	120341
first class or certified mail or by binary means that the plan has	120342
been satisfied and that payment on the certificate or certificates	120343
is forthcoming. The treasurer shall pay each certificate holder	120344
promptly.	120345

If a redemption payment plan becomes void, the county	120346
treasurer shall notify each certificate holder by ordinary first	120347
class or certified mail or by binary means. If a certificate	120348
holder files a request for foreclosure under section 5721.37 of	120349
the Revised Code, upon the filing of the request for foreclosure,	120350
any money paid under the plan shall be refunded to the person that	120351
paid the money under the plan.	120352

(3) Upon receipt of the payment required under division	120353
(B)(1) of section 5721.37 of the Revised Code, the treasurer shall	120354
pay all other certificate holders and indicate in the tax	120355
certificate register that such certificates have been satisfied.	120356
If a county has organized a county land reutilization corporation,	120357
the county treasurer may apply the redemption price and any	120358
applicable interest payable under division (B) of this section to	120359
the payment of the expenses of the corporation.	120360

Sec. 5721.42. After the settlement required under division	120361
(C) of section 321.24 of the Revised Code, the county treasurer	120362
shall notify the certificate holder of the most recently issued	120363
tax certificate, by ordinary first class or certified mail or by	120364
binary means, that the certificate holder may purchase a	120365
subsequent tax certificate by paying all delinquent taxes on the	120366
related certificate parcel, the lien against which has not been	120367
transferred by the sale of a tax certificate. During the thirty	120368
days after receiving the notice, the certificate holder possesses	120369
the exclusive right to purchase the subsequent tax certificate by	120370
paying those amounts to the county treasurer. The amount of the	120371
payment shall constitute a separate lien against the certificate	120372
parcel that shall be evidenced by the issuance by the treasurer to	120373
the certificate holder of an additional tax certificate with	120374
respect to the delinquent taxes so paid on the related certificate	120375
parcel. The amount of the payment as set forth in the tax	120376
certificate shall earn interest at the rate of eighteen per cent	120377
per year. The certificate period of each subsequent tax	120378
certificate shall terminate on the expiration date of the	120379
certificate period of the most recent tax certificate for the same	120380
certificate parcel.	120381

Sec. 5722.13. Real property acquired and held by an electing	120382
subdivision pursuant to this chapter that is not sold or otherwise	120383
transferred within fifteen years after such acquisition shall be	120384
offered for sale at public auction during the sixteenth year after	120385
acquisition. If the real property is not sold at that time, it may	120386
be disposed of or retained for any lawful purpose without further	120387
application of this chapter.	120388

Notice of the sale shall contain a description of each	120389
parcel, the permanent parcel number, and the full street address	120390
when available. The notice shall be published once a week for	120391
three consecutive weeks prior to the sale in a newspaper of	120392
general circulation within the electing subdivision. The newspaper	120393
shall meet the requirements of section 7.12 of the Revised Code.	120394

Each parcel subsequent to the fifteenth year after its	120395
acquisition as part of a land reutilization program shall be sold	120396
for an amount equal to not less than the greater of:	120397

(A) Two-thirds of its fair market value;

120398

(B) The total amount of accrued taxes, assessments,	120399
penalties, interest, charges, and costs incurred by the electing	120400
subdivision in the acquisition, maintenance, and disposal of each	120401
parcel and the parcel's share of the costs and expenses of the	120402
land reutilization program.	120403

The sale requirements of this section do not apply to real	120404
property acquired and held by a county land reutilization	120405
corporation.	120406

Sec. 5723.05. If the taxes, assessments, charges, penalties,	120407
interest, and costs due on the forfeited lands have not been paid	120408
when the county auditor fixes the date for the sale of forfeited	120409
lands, the auditor shall give notice of them once a week for two	120410
consecutive weeks prior to the date fixed by the auditor for the	120411
sale, ~~in two newspapers~~ as provided in section 5721.03 of the	120412
Revised Code. The notice shall state that if the taxes,	120413
assessments, charges, penalties, interest, and costs charged	120414
against the lands forfeited to the state for nonpayment of taxes	120415
are not paid into the county treasury, and the county treasurer's	120416
receipt produced for the payment before the time specified in the	120417
notice for the sale of the lands, which day shall be named in the	120418
notice, each forfeited tract on which the taxes, assessments,	120419
charges, penalties, interest, and costs remain unpaid will be	120420
offered for sale beginning on the date set by the auditor, at the	120421
courthouse in the county, in order to satisfy the unpaid taxes,	120422
assessments, charges, penalties, interest, and costs, and that the	120423
sale will continue from day to day until each of the tracts is	120424
sold or offered for sale.	120425

The notice also shall state that, if the forfeited land is	120426
sold for an amount that is less than the amount of the delinquent	120427
taxes, assessments, charges, penalties, and interest against it,	120428
and, if division (B)(2) of section 5721.17 of the Revised Code is	120429
applicable, any notes issued by a receiver pursuant to division	120430
(F) of section 3767.41 of the Revised Code and any receiver's lien	120431
as defined in division (C)(4) of section 5721.18 of the Revised	120432
Code, the court, in a separate order, may enter a deficiency	120433
judgment against the last owner of record of the land before its	120434
forfeiture to the state, for the amount of the difference; and	120435
that, if that owner of record is a corporation, the court may	120436
enter the deficiency judgment against the stockholder holding a	120437
majority of that corporation's stock.	120438

Sec. 5723.18. (A) Except as otherwise provided in division	120439
(B)(2) of section 5721.17 and division (B) of section 319.43 of	120440
the Revised Code, the proceeds from a forfeiture sale shall be	120441
distributed as follows:	120442

(1) The county auditor shall deduct all costs pertaining to	120443
the forfeiture and sale of forfeited lands, including costs	120444
pertaining to a foreclosure and forfeiture proceeding instituted	120445
under section 5721.14 of the Revised Code, except those paid under	120446
section 5721.04 of the Revised Code, from the moneys received from	120447
the sale of land and town lots forfeited to the state for the	120448
nonpayment of taxes, and shall pay such costs into the proper	120449
fund. In the case of the forfeiture sale of a parcel against which	120450
a foreclosure and forfeiture proceeding was instituted under	120451
section 5721.14 of the Revised Code, if the proceeds from the	120452
forfeiture sale are insufficient to pay the costs pertaining to	120453
such proceeding, the county auditor, at the next semiannual	120454
apportionment of real property taxes, shall reduce the amount of	120455
real property taxes that the auditor otherwise would distribute to	120456
each subdivision to which taxes, assessments, charges, penalties,	120457
or interest charged against the parcel are due. The reduction in	120458
each subdivision's real property tax distribution shall equal the	120459
amount of the unpaid costs multiplied by a fraction, the numerator	120460
of which is the amount of taxes, assessments, charges, penalties,	120461
and interest due the subdivision, and the denominator of which is	120462
the total amount of taxes, assessments, charges, penalties, and	120463
interest due all such subdivisions.	120464

(2) Following the payment required by division (A)(1) of this	120465
section, the part of the proceeds that is equal to ten per cent of	120466
the taxes and assessments due shall be deposited in equal shares	120467
into each of the delinquent tax and assessment collection ~~fund~~	120468
funds created pursuant to section 321.261 of the Revised Code.	120469

(3) Following the payment required by division (A)(2) of this	120470
section, the remaining proceeds shall be distributed by the	120471
auditor to the appropriate subdivisions to pay the taxes,	120472
assessments, charges, penalties, and interest which are due and	120473
unpaid. If the proceeds available for distribution under this	120474
division are insufficient to pay the entire amount of those taxes,	120475
assessments, charges, penalties, and interest, the auditor shall	120476
distribute the proceeds available for distribution under this	120477
division to the appropriate subdivisions in proportion to the	120478
amount of those taxes, assessments, charges, penalties, and	120479
interest that each is due.	120480

(B) If the proceeds from the sale of forfeited land are	120481
insufficient to pay in full the amount of the taxes, assessments,	120482
charges, penalties, and interest; the costs incurred in the	120483
proceedings instituted pursuant to this chapter and section	120484
5721.18 of the Revised Code, or the foreclosure and forfeiture	120485
proceeding instituted pursuant to section 5721.14 of the Revised	120486
Code; and, if division (B)(2) of section 5721.17 of the Revised	120487
Code is applicable, any notes issued by a receiver pursuant to	120488
division (F) of section 3767.41 of the Revised Code and any	120489
receiver's lien as defined in division (C)(4) of section 5721.18	120490
of the Revised Code, the court may enter a deficiency judgment	120491
against the last owner of record of the land before its forfeiture	120492
to the state, for the unpaid amount. The court shall enter the	120493
judgment pursuant to section 5721.192 of the Revised Code. Except	120494
as otherwise provided in division (B) of section 319.43 of the	120495
Revised Code, the proceeds paid pursuant to the entry and	120496
satisfaction of such a judgment shall be distributed as if they	120497
had been received as a part of the proceeds from the sale of the	120498
land to satisfy the amount of the taxes, assessments, charges,	120499
penalties, and interest which are due and unpaid; the costs	120500
incurred in the associated proceedings which were due and unpaid;	120501
and, if division (B)(2) of section 5721.17 of the Revised Code is	120502
applicable, any notes issued by a receiver pursuant to division	120503
(F) of section 3767.41 of the Revised Code and any receiver's lien	120504
as defined in division (C)(4) of section 5721.18 of the Revised	120505
Code.	120506

Sec. 5725.151. (A) As used in this section, "certificate	120507
owner" has the same meaning as in section 149.311 of the Revised	120508
Code.	120509

(B) There is allowed a credit against the tax imposed by	120510
section 5707.03 and assessed under section 5725.15 of the Revised	120511
Code for a dealer in intangibles subject to that tax that is a	120512
certificate owner of a rehabilitation tax credit certificate	120513
issued under section 149.311 of the Revised Code. The credit shall	120514
equal twenty-five per cent of the dollar amount indicated on the	120515
certificate, but the amount of the credit allowed for any dealer	120516
for any year shall not exceed five million dollars. The credit	120517
shall be claimed in the calendar year specified in the	120518
certificate. If the credit exceeds the amount of tax otherwise due	120519
in that year, the excess shall be refunded to the dealer but, if	120520
any amount of the credit is refunded, the sum of the amount	120521
refunded and the amount applied to reduce the tax otherwise due in	120522
that year shall not exceed three million dollars. The dealer may	120523
carry forward any balance of the credit in excess of the amount	120524
claimed in that year for not more than five ensuing years, and	120525
shall deduct any amount claimed in any such year from the amount	120526
claimed in an ensuing year.	120527

(C) A dealer in intangibles claiming a credit under this	120528
section shall retain the rehabilitation tax credit certificate for	120529
four years following the end of the year in which the credit was	120530
claimed, and shall make the certificate available for inspection	120531
by the tax commissioner upon the request of the tax commissioner	120532
during that period.	120533

~~(D) For the purpose of division (C) of section 5725.24 of the~~	120534
~~Revised Code, reductions in the amount of taxes collected on~~	120535
~~account of credits allowed under this section shall be applied to~~	120536
~~reduce the amount credited to the general revenue fund and shall~~	120537
~~not be applied to reduce the amount to be credited to the~~	120538
~~undivided local government funds of the counties in which such~~	120539
~~taxes originate.~~	120540

Sec. 5725.24. (A) ~~As used in this section, "qualifying~~	120541
~~dealer" means a dealer in intangibles that is a qualifying dealer~~	120542
~~in intangibles as defined in section 5733.45 of the Revised Code~~	120543
~~or a member of a qualifying controlled group, as defined in~~	120544
~~section 5733.04 of the Revised Code, of which an insurance company~~	120545
~~also is a member on the first day of January of the year in and~~	120546
~~for which the tax imposed by section 5707.03 of the Revised Code~~	120547
~~is required to be paid by the dealer.~~	120548

~~(B)~~ The taxes levied by section 5725.18 of the Revised Code	120549
and collected pursuant to this chapter shall be paid into the	120550
state treasury to the credit of the general revenue fund.	120551

~~(C)~~(B) The taxes levied by section 5707.03 of the Revised	120552
Code on the value of shares in and capital employed by all dealers	120553
in intangibles ~~other than those that are qualifying dealers~~ shall	120554
be ~~for the use of~~paid into the state treasury to the credit of	120555
the general revenue fund ~~of the state and the local government~~	120556
~~funds of the several counties in which the taxes originate as~~	120557
~~provided in this division.~~	120558

~~During each month for which there is money in the state~~	120559
~~treasury for disbursement under this division, the tax~~	120560
~~commissioner shall provide for payment to the county treasurer of~~	120561
~~each county of five-eighths of the amount of the taxes collected~~	120562
~~on account of shares in and capital employed by dealers in~~	120563
~~intangibles other than those that are qualifying dealers,~~	120564
~~representing capital employed in the county. The balance of the~~	120565
~~money received and credited on account of taxes assessed on shares~~	120566
~~in and capital employed by such dealers in intangibles shall be~~	120567
~~credited to the general revenue fund.~~	120568

~~Reductions in the amount of taxes collected on account of~~	120569
~~credits allowed under section 5725.151 of the Revised Code shall~~	120570
~~be applied to reduce the amount credited to the general revenue~~	120571
~~fund and shall not be applied to reduce the amount to be credited~~	120572
~~to the undivided local government funds of the counties in which~~	120573
~~such taxes originate.~~	120574

~~For the purpose of this division, such taxes are deemed to~~	120575
~~originate in the counties in which such dealers in intangibles~~	120576
~~have their offices.~~	120577

~~Money received into the treasury of a county pursuant to this~~	120578
~~section shall be credited to the undivided local government fund~~	120579
~~of the county and shall be distributed by the budget commission as~~	120580
~~provided by law.~~	120581

~~(D) All of the taxes levied under section 5707.03 of the~~	120582
~~Revised Code on the value of the shares in and capital employed by~~	120583
~~dealers in intangibles that are qualifying dealers shall be paid~~	120584
~~into the state treasury to the credit of the general revenue fund~~.	120585

Sec. 5725.34. (A) As used in this section, "certificate	120586
owner" has the same meaning as in section 149.311 of the Revised	120587
Code.	120588

(B) There is allowed a credit against the tax imposed by	120589
section 5725.18 of the Revised Code for an insurance company	120590
subject to that tax that is a certificate owner of a	120591
rehabilitation tax credit certificate issued under section 149.311	120592
of the Revised Code. The credit shall equal twenty-five per cent	120593
of the dollar amount indicated on the certificate, but the amount	120594
of the credit allowed for any company for any year shall not	120595
exceed five million dollars. The credit shall be claimed in the	120596
calendar year specified in the certificate and in the order	120597
required under section 5725.98 of the Revised Code. If the credit	120598
exceeds the amount of tax otherwise due in that year, the excess	120599
shall be refunded to the company but, if any amount of the credit	120600
is refunded, the sum of the amount refunded and the amount applied	120601
to reduce the tax otherwise due in that year shall not exceed	120602
three million dollars. The company may carry forward any balance	120603
of the credit in excess of the amount claimed in that year for not	120604
more than five ensuing years, and shall deduct any amount claimed	120605
in any such year from the amount claimed in an ensuing year.	120606

(C) An insurance company claiming a credit under this section	120607
shall retain the rehabilitation tax credit certificate for four	120608
years following the end of the year in which the credit was	120609
claimed, and shall make the certificate available for inspection	120610
by the tax commissioner upon the request of the tax commissioner	120611
during that period.	120612

Sec. 5725.98. (A) To provide a uniform procedure for	120613
calculating the amount of tax imposed by section 5725.18 of the	120614
Revised Code that is due under this chapter, a taxpayer shall	120615
claim any credits and offsets against tax liability to which it is	120616
entitled in the following order:	120617

(1) The credit for an insurance company or insurance company	120618
group under section 5729.031 of the Revised Code;	120619

(2) The credit for eligible employee training costs under	120620
section 5725.31 of the Revised Code;	120621

(3) The credit for purchasers of qualified low-income	120622
community investments under section 5725.33 of the Revised Code;	120623

(4) The nonrefundable job retention credit under division	120624
(B)(1) of section 122.171 of the Revised Code;	120625

(5) The offset of assessments by the Ohio life and health	120626
insurance guaranty association permitted by section 3956.20 of the	120627
Revised Code;	120628

(6) The refundable credit for rehabilitating a historic	120629
building under section 5725.34 of the Revised Code.	120630

(7) The refundable credit for Ohio job retention under	120631
division (B)(2) or (3) of section 122.171 of the Revised Code;	120632

~~(7)~~(8) The refundable credit for Ohio job creation under	120633
section 5725.32 of the Revised Code;	120634

~~(8)~~(9) The refundable credit under section 5725.19 of the	120635
Revised Code for losses on loans made under the Ohio venture	120636
capital program under sections 150.01 to 150.10 of the Revised	120637
Code.	120638

(B) For any credit except the refundable credits enumerated	120639
in this section, the amount of the credit for a taxable year shall	120640
not exceed the tax due after allowing for any other credit that	120641
precedes it in the order required under this section. Any excess	120642
amount of a particular credit may be carried forward if authorized	120643
under the section creating that credit. Nothing in this chapter	120644
shall be construed to allow a taxpayer to claim, directly or	120645
indirectly, a credit more than once for a taxable year.	120646

Sec. 5727.57. In addition to all other remedies for the	120647
collection of any taxes or penalties due under law, whenever any	120648
taxes, fees, or penalties due from any public utility have	120649
remained unpaid for a period of ninety days, or whenever any	120650
public utility has failed for a period of ninety days to make any	120651
report or return required by law, or to pay any penalty for	120652
failure to make or file such report or return, the attorney	120653
general, upon the request of the tax commissioner, shall file a	120654
petition in the court of common pleas in the county of the state	120655
in which such public utility has its principal place of business	120656
for a judgment for the amount of the taxes and penalties appearing	120657
to be due, the enforcement of any lien in favor of the state, and	120658
an injunction to restrain such public utility and its officers,	120659
directors, and managing agents from the transaction of any	120660
business within this state, other than such acts as are incidental	120661
to liquidation or winding up, until the payment of such taxes,	120662
fees, penalties, and the costs of the proceeding, which shall be	120663
fixed by the court, or the making and filing of such report or	120664
return.	120665

Such petition shall be in the name of the state. All or any	120666
of the public utilities having their principal places of business	120667
in the county may be joined in one suit. On the motion of the	120668
attorney general, the court of common pleas shall enter an order	120669
requiring all defendants to answer by a day certain, and may	120670
appoint a special master commissioner to take testimony, with such	120671
other power and authority as the court confers, and permit process	120672
to be served by certified mail and by publication in a newspaper	120673
of general circulation ~~published~~ in the county, which publication	120674
need not be made more than once, setting forth the name of each	120675
delinquent public utility, the matter in which such public utility	120676
is delinquent, the names of its officers, directors, and managing	120677
agents, if set forth in the petition, and the amount of any taxes,	120678
fees, or penalties claimed to be owing by said public utility.	120679

All of the officers, directors, shareholders, or managing	120680
agents of any public utility may be joined as defendants with such	120681
public utility.	120682

If it appears to the court upon hearing that any public	120683
utility which is a party to such proceeding is indebted to the	120684
state for taxes, fees, or penalties, judgment shall be entered	120685
therefor with interest, which shall be computed at the rate per	120686
annum prescribed by section 5703.47 of the Revised Code; and if it	120687
appears that any public utility has failed to make or file any	120688
report or return, a mandatory injunction may be issued against	120689
such public utility, its officers, directors, and managing agents,	120690
as such enjoining them from the transaction of any business within	120691
this state, other than acts incidental to liquidation or winding	120692
up, until the making and filing of all proper reports or returns	120693
and the payment in full of all taxes, fees, and penalties.	120694

If the officers, directors, shareholders, or managing agents	120695
of a public utility are not made parties in the first instance,	120696
and a judgment or an injunction is rendered or issued against such	120697
public utility, such officers, directors, shareholders, or	120698
managing agents, or any of them, may be made parties to such	120699
proceedings upon the motion of the attorney general, and, upon	120700
notice to them of the form and terms of such injunction, they	120701
shall be bound thereby as fully as if they had been made parties	120702
in the first instance.	120703

In any action authorized by this section, a statement of the	120704
commissioner or the secretary of state, when duly certified shall	120705
be prima-facie evidence of the amount of taxes, fees, or penalties	120706
due from any public utility, or of the failure of any public	120707
utility to file with the commissioner or the secretary of state	120708
any report required by law, and any such certificate of the	120709
commissioner or the secretary of state may be required in evidence	120710
in any such proceeding.	120711

On the application of any defendant and for good cause shown,	120712
the court may order a separate hearing of the issues as to any	120713
defendant.	120714

The costs of the proceeding shall be apportioned among the	120715
parties as the court deems proper.	120716

The court in such proceeding may make, enter, and enforce	120717
such other judgments and orders and grant such other relief as is	120718
necessary or incidental to the enforcement of the claims and lien	120719
of the state.	120720

In the performance of the duties enjoined ~~upon him~~ by this	120721
section the attorney general may direct any prosecuting attorney	120722
to bring an action, as authorized by this section, in the name of	120723
the state with respect to any delinquent public utilities within	120724
~~his~~the prosecuting attorney's county, and like proceedings and	120725
orders shall be had as if such action were instituted by the	120726
attorney general.	120727

Sec. 5727.75. (A) For purposes of this section:

120728

(1) "Qualified energy project" means an energy project	120729
certified by the director of development pursuant to this section.	120730

(2) "Energy project" means a project to provide electric	120731
power through the construction, installation, and use of an energy	120732
facility.	120733

(3) "Alternative energy zone" means a county declared as such	120734
by the board of county commissioners under division (E)(1)(b) or	120735
(c) of this section.	120736

(4) "Full-time equivalent employee" means the total number of	120737
employee-hours for which compensation was paid to individuals	120738
employed at a qualified energy project for services performed at	120739
the project during the calendar year divided by two thousand	120740
eighty hours.	120741

(5) "Solar energy project" means an energy project composed	120742
of an energy facility using solar panels to generate electricity.	120743

(B)(1) Tangible personal property of a qualified energy	120744
project using renewable energy resources is exempt from taxation	120745
for tax years 2011 ~~and~~, 2012, 2013, and 2014 if all of the	120746
following conditions are satisfied:	120747

(a) On or before December 31, ~~2011~~2013, the owner or a	120748
lessee pursuant to a sale and leaseback transaction of the project	120749
submits an application to the power siting board for a certificate	120750
under section 4906.20 of the Revised Code, or if that section does	120751
not apply, submits an application for any approval, consent,	120752
permit, or certificate or satisfies any condition required by a	120753
public agency or political subdivision of this state for the	120754
construction or initial operation of an energy project.	120755

(b) Construction or installation of the energy facility	120756
begins on or after January 1, 2009, and before January 1, ~~2012~~	120757
2014. For the purposes of this division, construction begins on	120758
the earlier of the date of application for a certificate or other	120759
approval or permit described in division (B)(1)(a) of this	120760
section, or the date the contract for the construction or	120761
installation of the energy facility is entered into.	120762

(c) For a qualified energy project with a nameplate capacity	120763
of five megawatts or greater, a board of county commissioners of a	120764
county in which property of the project is located has adopted a	120765
resolution under division (E)(1)(b) or (c) of this section to	120766
approve the application submitted under division (E) of this	120767
section to exempt the property located in that county from	120768
taxation. A board's adoption of a resolution rejecting an	120769
application or its failure to adopt a resolution approving the	120770
application does not affect the tax-exempt status of the qualified	120771
energy project's property that is located in another county.	120772

(2) If tangible personal property of a qualified energy	120773
project using renewable energy resources was exempt from taxation	120774
under this section ~~for~~beginning in any of tax years 2011 ~~and~~,	120775
2012, 2013, or 2014, and the certification under division (E)(2)	120776
of this section has not been revoked, the tangible personal	120777
property of the qualified energy project is exempt from taxation	120778
for tax year ~~2013~~2015 and all ensuing tax years if the property	120779
was placed into service before January 1, ~~2013~~2015, as certified	120780
in the construction progress report required under division (F)(2)	120781
of this section. Tangible personal property that has not been	120782
placed into service before that date is taxable property subject	120783
to taxation. An energy project for which certification has been	120784
revoked is ineligible for further exemption under this section.	120785
Revocation does not affect the tax-exempt status of the project's	120786
tangible personal property for the tax year in which revocation	120787
occurs or any prior tax year.	120788

(C) Tangible personal property of a qualified energy project	120789
using clean coal technology, advanced nuclear technology, or	120790
cogeneration technology is exempt from taxation for the first tax	120791
year that the property would be listed for taxation and all	120792
subsequent years if all of the following circumstances are met:	120793

(1) The property was placed into service before January 1,	120794
~~2017~~2019. Tangible personal property that has not been placed	120795
into service before that date is taxable property subject to	120796
taxation.	120797

(2) For such a qualified energy project with a nameplate	120798
capacity of five megawatts or greater, a board of county	120799
commissioners of a county in which property of the qualified	120800
energy project is located has adopted a resolution under division	120801
(E)(1)(b) or (c) of this section to approve the application	120802
submitted under division (E) of this section to exempt the	120803
property located in that county from taxation. A board's adoption	120804
of a resolution rejecting the application or its failure to adopt	120805
a resolution approving the application does not affect the	120806
tax-exempt status of the qualified energy project's property that	120807
is located in another county.	120808

(3) The certification for the qualified energy project issued	120809
under division (E)(2) of this section has not been revoked. An	120810
energy project for which certification has been revoked is	120811
ineligible for exemption under this section. Revocation does not	120812
affect the tax-exempt status of the project's tangible personal	120813
property for the tax year in which revocation occurs or any prior	120814
tax year.	120815

(D) Except as otherwise provided in this ~~division~~section,	120816
real property of a qualified energy project is exempt from	120817
taxation for any tax year for which the tangible personal property	120818
of the qualified energy project is exempted under this section.	120819

(E)(1)(a) A person may apply to the director of development	120820
for certification of an energy project as a qualified energy	120821
project on or before the following dates:	120822

(i) December 31, ~~2011~~2013, for an energy project using	120823
renewable energy resources;	120824

(ii) December 31, ~~2013~~2015, for an energy project using	120825
clean coal technology, advanced nuclear technology, or	120826
cogeneration technology.	120827

(b) The director shall forward a copy of each application for	120828
certification of an energy project with a nameplate capacity of	120829
five megawatts or greater to the board of county commissioners of	120830
each county in which the project is located and to each taxing	120831
unit with territory located in each of the affected counties. Any	120832
board that receives from the director a copy of an application	120833
submitted under this division shall adopt a resolution approving	120834
or rejecting the application unless it has adopted a resolution	120835
under division (E)(1)(c) of this section. A resolution adopted	120836
under division (E)(1)(b) or (c) of this section may require an	120837
annual service payment to be made in addition to the service	120838
payment required under division (G) of this section. The sum of	120839
the service payment required in the resolution and the service	120840
payment required under division (G) of this section shall not	120841
exceed nine thousand dollars per megawatt of nameplate capacity	120842
located in the county. The resolution shall specify the time and	120843
manner in which the payments required by the resolution shall be	120844
paid to the county treasurer. The county treasurer shall deposit	120845
the payment to the credit of the county's general fund to be used	120846
for any purpose for which money credited to that fund may be used.	120847

The board shall send copies of the resolution by certified	120848
mail to the owner of the facility and the director within thirty	120849
days after receipt of the application, or a longer period of time	120850
if authorized by the director.	120851

(c) A board of county commissioners may adopt a resolution	120852
declaring the county to be an alternative energy zone and	120853
declaring all applications submitted to the director of	120854
development under this division after the adoption of the	120855
resolution, and prior to its repeal, to be approved by the board.	120856

All tangible personal property and real property of an energy	120857
project with a nameplate capacity of five megawatts or greater is	120858
taxable if it is located in a county in which the board of county	120859
commissioners adopted a resolution rejecting the application	120860
submitted under this division or failed to adopt a resolution	120861
approving the application under division (E)(1)(b) or (c) of this	120862
section.	120863

(2) The director shall certify an energy project if all of	120864
the following circumstances exist:	120865

(a) The application was timely submitted.

120866

(b) For an energy project with a nameplate capacity of five	120867
megawatts or greater, a board of county commissioners of at least	120868
one county in which the project is located has adopted a	120869
resolution approving the application under division (E)(1)(b) or	120870
(c) of this section.	120871

(c) No portion of the project's facility was used to supply	120872
electricity before December 31, 2009.	120873

(3) The director shall deny a certification application if	120874
the director determines the person has failed to comply with any	120875
requirement under this section. The director may revoke a	120876
certification if the director determines the person, or subsequent	120877
owner or lessee pursuant to a sale and leaseback transaction of	120878
the qualified energy project, has failed to comply with any	120879
requirement under this section. Upon certification or revocation,	120880
the director shall notify the person, owner, or lessee, the tax	120881
commissioner, and the county auditor of a county in which the	120882
project is located of the certification or revocation. Notice	120883
shall be provided in a manner convenient to the director.	120884

(F) The owner or a lessee pursuant to a sale and leaseback	120885
transaction of a qualified energy project shall do each of the	120886
following:	120887

(1) Comply with all applicable regulations;

120888

(2) File with the director of development a certified	120889
construction progress report before the first day of March of each	120890
year during the energy facility's construction or installation	120891
indicating the percentage of the project completed, and the	120892
project's nameplate capacity, as of the preceding thirty-first day	120893
of December. Unless otherwise instructed by the director of	120894
development, the owner or lessee of an energy project shall file a	120895
report with the director on or before the first day of March each	120896
year after completion of the energy facility's construction or	120897
installation indicating the project's nameplate capacity as of the	120898
preceding thirty-first day of December. Not later than sixty days	120899
after ~~the effective date of this section~~June 17, 2010, the owner	120900
or lessee of an energy project, the construction of which was	120901
completed before ~~the effective date of this section~~June 17,	120902
2010, shall file a certificate indicating the project's nameplate	120903
capacity.	120904

(3) File with the director of development, in a manner	120905
prescribed by the director, a report of the total number of	120906
full-time equivalent employees, and the total number of full-time	120907
equivalent employees domiciled in Ohio, who are employed in the	120908
construction or installation of the energy facility;	120909

(4) For energy projects with a nameplate capacity of five	120910
megawatts or greater, repair all roads, bridges, and culverts	120911
affected by construction as reasonably required to restore them to	120912
their preconstruction condition, as determined by the county	120913
engineer in consultation with the local jurisdiction responsible	120914
for the roads, bridges, and culverts. In the event that the county	120915
engineer deems any road, bridge, or culvert to be inadequate to	120916
support the construction or decommissioning of the energy	120917
facility, the road, bridge, or culvert shall be rebuilt or	120918
reinforced to the specifications established by the county	120919
engineer prior to the construction or decommissioning of the	120920
facility. The owner or lessee of the facility shall post a bond in	120921
an amount established by the county engineer and to be held by the	120922
board of county commissioners to ensure funding for repairs of	120923
roads, bridges, and culverts affected during the construction. The	120924
bond shall be released by the board not later than one year after	120925
the date the repairs are completed. The energy facility owner or	120926
lessee pursuant to a sale and leaseback transaction shall post a	120927
bond, as may be required by the Ohio power siting board in the	120928
certificate authorizing commencement of construction issued	120929
pursuant to section 4906.10 of the Revised Code, to ensure funding	120930
for repairs to roads, bridges, and culverts resulting from	120931
decommissioning of the facility. The energy facility owner or	120932
lessee and the county engineer may enter into an agreement	120933
regarding specific transportation plans, reinforcements,	120934
modifications, use and repair of roads, financial security to be	120935
provided, and any other relevant issue.	120936

(5) Provide or facilitate training for fire and emergency	120937
responders for response to emergency situations related to the	120938
energy project and, for energy projects with a nameplate capacity	120939
of five megawatts or greater, at the person's expense, equip the	120940
fire and emergency responders with proper equipment as reasonably	120941
required to enable them to respond to such emergency situations;	120942

(6) Maintain a ratio of Ohio-domiciled full-time equivalent	120943
employees employed in the construction or installation of the	120944
energy project to total full-time equivalent employees employed in	120945
the construction or installation of the energy project of not less	120946
than eighty per cent in the case of a solar energy project, and	120947
not less than fifty per cent in the case of any other energy	120948
project. In the case of an energy project for which certification	120949
from the power siting board is required under section 4906.20 of	120950
the Revised Code, the number of full-time equivalent employees	120951
employed in the construction or installation of the energy project	120952
equals the number actually employed or the number projected to be	120953
employed in the certificate application, if such projection is	120954
required under regulations adopted pursuant to section 4906.03 of	120955
the Revised Code, whichever is greater. For all other energy	120956
projects, the number of full-time equivalent employees employed in	120957
the construction or installation of the energy project equals the	120958
number actually employed or the number projected to be employed by	120959
the director of development, whichever is greater. To estimate the	120960
number of employees to be employed in the construction or	120961
installation of an energy project, the director shall use a	120962
generally accepted job-estimating model in use for renewable	120963
energy projects, including but not limited to the job and economic	120964
development impact model. The director may adjust an estimate	120965
produced by a model to account for variables not accounted for by	120966
the model.	120967

(7) For energy projects with a nameplate capacity in excess	120968
of two megawatts, establish a relationship with a member of the	120969
university system of Ohio as defined in section 3345.011 of the	120970
Revised Code or with a person offering an apprenticeship program	120971
registered with the employment and training administration within	120972
the United States department of labor or with the apprenticeship	120973
council created by section 4139.02 of the Revised Code, to educate	120974
and train individuals for careers in the wind or solar energy	120975
industry. The relationship may include endowments, cooperative	120976
programs, internships, apprenticeships, research and development	120977
projects, and curriculum development.	120978

(8) Offer to sell power or renewable energy credits from the	120979
energy project to electric distribution utilities or electric	120980
service companies subject to renewable energy resource	120981
requirements under section 4928.64 of the Revised Code that have	120982
issued requests for proposal for such power or renewable energy	120983
credits. If no electric distribution utility or electric service	120984
company issues a request for proposal on or before December 31,	120985
2010, or accepts an offer for power or renewable energy credits	120986
within forty-five days after the offer is submitted, power or	120987
renewable energy credits from the energy project may be sold to	120988
other persons. Division (F)(8) of this section does not apply if:	120989

(a) The owner or lessee is a rural electric company or a	120990
municipal power agency as defined in section 3734.058 of the	120991
Revised Code.	120992

(b) The owner or lessee is a person that, before completion	120993
of the energy project, contracted for the sale of power or	120994
renewable energy credits with a rural electric company or a	120995
municipal power agency.	120996

(c) The owner or lessee contracts for the sale of power or	120997
renewable energy credits from the energy project before ~~the~~	120998
~~effective date of this section as enacted by this act~~June 17,	120999
2010.	121000

(9) Make annual service payments as required by division (G)	121001
of this section and as may be required in a resolution adopted by	121002
a board of county commissioners under division (E) of this	121003
section.	121004

(G) The owner or a lessee pursuant to a sale and leaseback	121005
transaction of a qualified energy project shall make annual	121006
service payments in lieu of taxes to the county treasurer on or	121007
before the final dates for payments of taxes on public utility	121008
personal property on the real and public utility personal property	121009
tax list for each tax year for which property of the energy	121010
project is exempt from taxation under this section. The county	121011
treasurer shall allocate the payment on the basis of the project's	121012
physical location. Upon receipt of a payment, or if timely payment	121013
has not been received, the county treasurer shall certify such	121014
receipt or non-receipt to the director of development and tax	121015
commissioner in a form determined by the director and	121016
commissioner, respectively. Each payment shall be in the following	121017
amount:	121018

(1) In the case of a solar energy project, seven thousand	121019
dollars per megawatt of nameplate capacity located in the county	121020
as of December 31, 2010, for tax year 2011, as of December 31,	121021
2011, for tax year 2012, ~~and~~ as of December 31, 2012, for tax year	121022
2013, as of December 31, 2013, for tax year 2014, and as of	121023
December 31, 2014, for tax year 2015 and each tax year thereafter;	121024

(2) In the case of any other energy project using renewable	121025
energy resources, the following:	121026

(a) If the project maintains during the construction or	121027
installation of the energy facility a ratio of Ohio-domiciled	121028
full-time equivalent employees to total full-time equivalent	121029
employees of not less than seventy-five per cent, six thousand	121030
dollars per megawatt of nameplate capacity located in the county	121031
as of the thirty-first day of December of the preceding tax year;	121032

(b) If the project maintains during the construction or	121033
installation of the energy facility a ratio of Ohio-domiciled	121034
full-time equivalent employees to total full-time equivalent	121035
employees of less than seventy-five per cent but not less than	121036
sixty per cent, seven thousand dollars per megawatt of nameplate	121037
capacity located in the county as of the thirty-first day of	121038
December of the preceding tax year;	121039

(c) If the project maintains during the construction or	121040
installation of the energy facility a ratio of Ohio-domiciled	121041
full-time equivalent employees to total full-time equivalent	121042
employees of less than sixty per cent but not less than fifty per	121043
cent, eight thousand dollars per megawatt of nameplate capacity	121044
located in the county as of the thirty-first day of December of	121045
the preceding tax year.	121046

(3) In the case of an energy project using clean coal	121047
technology, advanced nuclear technology, or cogeneration	121048
technology, the following:	121049

(a) If the project maintains during the construction or	121050
installation of the energy facility a ratio of Ohio-domiciled	121051
full-time equivalent employees to total full-time equivalent	121052
employees of not less than seventy-five per cent, six thousand	121053
dollars per megawatt of nameplate capacity located in the county	121054
as of the thirty-first day of December of the preceding tax year;	121055

(b) If the project maintains during the construction or	121056
installation of the energy facility a ratio of Ohio-domiciled	121057
full-time equivalent employees to total full-time equivalent	121058
employees of less than seventy-five per cent but not less than	121059
sixty per cent, seven thousand dollars per megawatt of nameplate	121060
capacity located in the county as of the thirty-first day of	121061
December of the preceding tax year;	121062

(c) If the project maintains during the construction or	121063
installation of the energy facility a ratio of Ohio-domiciled	121064
full-time equivalent employees to total full-time equivalent	121065
employees of less than sixty per cent but not less than fifty per	121066
cent, eight thousand dollars per megawatt of nameplate capacity	121067
located in the county as of the thirty-first day of December of	121068
the preceding tax year.	121069

(H) The director of development in consultation with the tax	121070
commissioner shall adopt rules pursuant to Chapter 119. of the	121071
Revised Code to implement and enforce this section.	121072

Sec. 5727.84. (A) As used in this section and sections	121073
5727.85, 5727.86, and 5727.87 of the Revised Code:	121074

(1) "School district" means a city, local, or exempted	121075
village school district.	121076

(2) "Joint vocational school district" means a joint	121077
vocational school district created under section 3311.16 of the	121078
Revised Code, and includes a cooperative education school district	121079
created under section 3311.52 or 3311.521 of the Revised Code and	121080
a county school financing district created under section 3311.50	121081
of the Revised Code.	121082

(3) "Local taxing unit" means a subdivision or taxing unit,	121083
as defined in section 5705.01 of the Revised Code, a park district	121084
created under Chapter 1545. of the Revised Code, or a township	121085
park district established under section 511.23 of the Revised	121086
Code, but excludes school districts and joint vocational school	121087
districts.	121088

(4) "State education aid," for a school district, means the	121089
following:	121090

(a) For fiscal years prior to fiscal year 2010, the sum of	121091
state aid amounts computed for the district under the following	121092
provisions, as they existed for the applicable fiscal year:	121093
divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section	121094
3317.022; divisions (B), (C), and (D) of section 3317.023;	121095
divisions (G), (L), and (N) of section 3317.024; and sections	121096
3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and	121097
3317.053 of the Revised Code; and the adjustments required by:	121098
division (C) of section 3310.08; division (C)(2) of section	121099
3310.41; division (C) of section 3314.08; division (D)(2) of	121100
section 3314.091; division (D) of section 3314.13; divisions (E),	121101
(K), (L), (M), and (N) of section 3317.023; division (C) of	121102
section 3317.20; and sections 3313.979 and 3313.981 of the Revised	121103
Code. However, when calculating state education aid for a school	121104
district for fiscal years 2008 and 2009, include the amount	121105
computed for the district under Section 269.20.80 of H.B. 119 of	121106
the 127th general assembly, as subsequently amended, instead of	121107
division (D) of section 3317.022 of the Revised Code; and include	121108
amounts calculated under Section 269.30.80 of ~~this act~~H.B. 119 of	121109
the 127th general assembly, as subsequently amended.	121110

(b) For fiscal ~~year~~years 2010 and ~~for each fiscal year~~	121111
~~thereafter~~2011, the sum of the amounts computed for the district	121112
under former sections 3306.052, 3306.12, 3306.13, 3306.19,	121113
3306.191, and 3306.192;of the Revised Code and the following	121114
provisions, as they existed for the applicable fiscal year:	121115
division (G) of section 3317.024; sections 3317.05, 3317.052, and	121116
3317.053 of the Revised Code; and the adjustments required by	121117
division (C) of section 3310.08; division (C)(2) of section	121118
3310.41; division (C) of section 3314.08; division (D)(2) of	121119
section 3314.091; division (D) of section 3314.13; divisions (E),	121120
(K), (L), (M), and (N) of section 3317.023; division (C) of	121121
section 3317.20; and sections 3313.979 ~~and~~, 3313.981, and 3326.33	121122
of the Revised Code.	121123

(c) For fiscal years 2012 and 2013, the amount paid in	121124
accordance with the section of H.B. 153 of the 129th general	121125
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL	121126
SCHOOL DISTRICTS" and the adjustments required by division (C) of	121127
section 3310.08; division (C)(2) of section 3310.41; section	121128
3310.55; division (C) of section 3314.08; division (D)(2) of	121129
section 3314.091; division (D) of section 3314.13; divisions (B),	121130
(H), (I), (J), and (K) of section 3317.023; division (C) of	121131
section 3317.20; and sections 3313.979 and 3313.981 of the Revised	121132
Code.	121133

(5) "State education aid," for a joint vocational school	121134
district, means the following:	121135

(a) For fiscal years prior to fiscal year 2010, the sum of	121136
the state aid amounts computed for the district under division (N)	121137
of section 3317.024 and section 3317.16 of the Revised Code.	121138
However, when calculating state education aid for a joint	121139
vocational school district for fiscal years 2008 and 2009, include	121140
the amount computed for the district under Section 269.30.90 of	121141
H.B. 119 of the 127th general assembly, as subsequently amended.	121142

(b) For fiscal years 2010 and 2011, the amount computed for	121143
the district in accordance with the section of ~~this act~~H.B. 1 of	121144
the 128th general assembly entitled "FUNDING FOR JOINT VOCATIONAL	121145
SCHOOL DISTRICTS".	121146

(c) For fiscal years 2012 and 2013, the amount paid in	121147
accordance with the section of H.B. 153 of the 129th general	121148
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	121149

(6) "State education aid offset" means the amount determined	121150
for each school district or joint vocational school district under	121151
division (A)(1) of section 5727.85 of the Revised Code.	121152

(7) "Recognized valuation" has the same meaning as in section	121153
3317.02 of the Revised Code.	121154

(8) "Electric company tax value loss" means the amount	121155
determined under division (D) of this section.	121156

(9) "Natural gas company tax value loss" means the amount	121157
determined under division (E) of this section.	121158

(10) "Tax value loss" means the sum of the electric company	121159
tax value loss and the natural gas company tax value loss.	121160

(11) "Fixed-rate levy" means any tax levied on property other	121161
than a fixed-sum levy.	121162

(12) "Fixed-rate levy loss" means the amount determined under	121163
division (G) of this section.	121164

(13) "Fixed-sum levy" means a tax levied on property at	121165
whatever rate is required to produce a specified amount of tax	121166
money or levied in excess of the ten-mill limitation to pay debt	121167
charges, and includes school district emergency levies imposed	121168
pursuant to section 5705.194 of the Revised Code.	121169

(14) "Fixed-sum levy loss" means the amount determined under	121170
division (H) of this section.	121171

(15) "Consumer price index" means the consumer price index	121172
(all items, all urban consumers) prepared by the bureau of labor	121173
statistics of the United States department of labor.	121174

(16) "Total resources" has the same meaning as in section	121175
5751.20 of the Revised Code.	121176

(17) "2011 current expense S.B. 3 allocation" means the sum	121177
of payments received by a school district or joint vocational	121178
school district in fiscal year 2011 for current expense levy	121179
losses pursuant to division (C)(2) of section 5727.85 of the	121180
Revised Code. If a fixed-rate levy eligible for reimbursement is	121181
not imposed in any year after tax year 2010, "2011 current expense	121182
S.B. 3 allocation" used to compute payments to be made under	121183
division (C)(3) of section 5727.85 of the Revised Code in the tax	121184
years following the last year the levy is imposed shall be reduced	121185
by the amount of those payments attributable to the fixed-rate	121186
levy loss of that levy.	121187

(18) "2010 current expense S.B. 3 allocation" means the sum	121188
of payments received by a municipal corporation in calendar year	121189
2010 for current expense levy losses pursuant to division (A)(1)	121190
of section 5727.86 of the Revised Code. If a fixed-rate levy	121191
eligible for reimbursement is not imposed in any year after tax	121192
year 2010, "2010 current expense S.B. 3 allocation" used to	121193
compute payments to be made under division (A)(1)(d) of section	121194
5727.86 of the Revised Code in the tax years following the last	121195
year the levy is imposed shall be reduced by the amount of those	121196
payments attributable to the fixed-rate levy loss of that levy.	121197

(19) "2010 S.B. 3 allocation" means the sum of payments	121198
received by a local taxing unit during calendar year 2010 pursuant	121199
to division (A)(1) of section 5727.86 of the Revised Code. If a	121200
fixed-rate levy eligible for reimbursement is not imposed in any	121201
year after tax year 2010, "2010 S.B. 3 allocation" used to compute	121202
payments to be made under division (A)(1)(d) of section 5727.86 of	121203
the Revised Code in the tax years following the last year the levy	121204
is imposed shall be reduced by the amount of those payments	121205
attributable to the fixed-rate levy loss of that levy.	121206

(20) "Total S.B. 3 allocation" means, in the case of a school	121207
district or joint vocational school district, the sum of the	121208
amounts received in fiscal year 2011 pursuant to divisions (C)(2)	121209
and (D) of section 5727.85 of the Revised Code. In the case of a	121210
local taxing unit, "total S.B. 3 allocation" means the sum of	121211
payments received by the unit in calendar year 2010 pursuant to	121212
divisions (A)(1) and (4) of section 5727.86 of the Revised Code.	121213
If a fixed-rate levy eligible for reimbursement is not imposed in	121214
any year after tax year 2010, "total S.B. 3 allocation" used to	121215
compute payments to be made under division (C)(3) of section	121216
5727.85 or division (A)(1)(d) of section 5727.86 of the Revised	121217
Code in the tax years following the last year the levy is imposed	121218
shall be reduced by the amount of those payments attributable to	121219
the fixed-rate levy loss of that levy as would be computed under	121220
division (C)(2) of section 5727.85 or division (A)(1)(b) of	121221
section 5727.86 of the Revised Code.	121222

(21) "2011 non-current expense S.B. 3 allocation" means the	121223
difference of a school district's or joint vocational school	121224
district's total S.B. 3 allocation minus the sum of the school	121225
district's 2011 current expense S.B. 3 allocation and the portion	121226
of the school district's total S.B. 3 allocation constituting	121227
reimbursement for debt levies pursuant to division (D) of section	121228
5727.85 of the Revised Code.	121229

(22) "2010 non-current expense S.B. 3 allocation" means the	121230
difference of a municipal corporation's total S.B. 3 allocation	121231
minus the sum of its 2010 current expense S.B. 3 allocation and	121232
the portion of its total S.B. 3 allocation constituting	121233
reimbursement for debt levies pursuant to division (A)(4) of	121234
section 5727.86 of the Revised Code.	121235

(23) "Threshold per cent" means, in the case of a school	121236
district or joint vocational school district, two per cent for	121237
fiscal year 2012 and four per cent for fiscal years 2013 and	121238
thereafter. In the case of a local taxing unit, "threshold per	121239
cent" means two per cent for calendar year 2011, four per cent for	121240
calendar year 2012, and six per cent for calendar years 2013 and	121241
thereafter.	121242

(B) The kilowatt-hour tax receipts fund is hereby created in	121243
the state treasury and shall consist of money arising from the tax	121244
imposed by section 5727.81 of the Revised Code. All money in the	121245
kilowatt-hour tax receipts fund shall be credited as follows:	121246

~~(1) Sixty-three per cent shall be credited to the general~~	121247
~~revenue fund.~~	121248

~~(2) Twenty-five and four-tenths per cent shall be credited to~~	121249
~~the school district property tax replacement fund, which is hereby~~	121250
~~created in the state treasury for the purpose of making the~~	121251
~~payments described in section 5727.85 of the Revised Code.~~	121252

~~(3) Eleven and six-tenths per cent shall be credited to the~~	121253
~~local government property tax replacement fund, which is hereby~~	121254
~~created in the state treasury for the purpose of making the~~	121255
~~payments described in section 5727.86 of the Revised Code.~~	121256

Fiscal Year	General Revenue Fund	School District Property Tax Replacement Fund	Local Government Property Tax Replacement Fund	121257
2001-2011	63.0%	25.4%	11.6%	121258
2012 and thereafter	88.0%	9.0%	3.0%	121259

(C) The natural gas tax receipts fund is hereby created in	121260
the state treasury and shall consist of money arising from the tax	121261
imposed by section 5727.811 of the Revised Code. All money in the	121262
fund shall be credited as follows:	121263

(1) For fiscal years before fiscal year 2012:

121264

(a) Sixty-eight and seven-tenths per cent shall be credited	121265
to the school district property tax replacement fund for the	121266
purpose of making the payments described in section 5727.85 of the	121267
Revised Code.	121268

~~(2)~~(b) Thirty-one and three-tenths per cent shall be credited	121269
to the local government property tax replacement fund for the	121270
purpose of making the payments described in section 5727.86 of the	121271
Revised Code.	121272

(2) For fiscal years 2012 and thereafter, one hundred per	121273
cent to the general revenue fund.	121274

(D) Not later than January 1, 2002, the tax commissioner	121275
shall determine for each taxing district its electric company tax	121276
value loss, which is the sum of the applicable amounts described	121277
in divisions (D)(1) to (4) of this section:	121278

(1) The difference obtained by subtracting the amount	121279
described in division (D)(1)(b) from the amount described in	121280
division (D)(1)(a) of this section.	121281

(a) The value of electric company and rural electric company	121282
tangible personal property as assessed by the tax commissioner for	121283
tax year 1998 on a preliminary assessment, or an amended	121284
preliminary assessment if issued prior to March 1, 1999, and as	121285
apportioned to the taxing district for tax year 1998;	121286

(b) The value of electric company and rural electric company	121287
tangible personal property as assessed by the tax commissioner for	121288
tax year 1998 had the property been apportioned to the taxing	121289
district for tax year 2001, and assessed at the rates in effect	121290
for tax year 2001.	121291

(2) The difference obtained by subtracting the amount	121292
described in division (D)(2)(b) from the amount described in	121293
division (D)(2)(a) of this section.	121294

(a) The three-year average for tax years 1996, 1997, and 1998	121295
of the assessed value from nuclear fuel materials and assemblies	121296
assessed against a person under Chapter 5711. of the Revised Code	121297
from the leasing of them to an electric company for those	121298
respective tax years, as reflected in the preliminary assessments;	121299

(b) The three-year average assessed value from nuclear fuel	121300
materials and assemblies assessed under division (D)(2)(a) of this	121301
section for tax years 1996, 1997, and 1998, as reflected in the	121302
preliminary assessments, using an assessment rate of twenty-five	121303
per cent.	121304

(3) In the case of a taxing district having a nuclear power	121305
plant within its territory, any amount, resulting in an electric	121306
company tax value loss, obtained by subtracting the amount	121307
described in division (D)(1) of this section from the difference	121308
obtained by subtracting the amount described in division (D)(3)(b)	121309
of this section from the amount described in division (D)(3)(a) of	121310
this section.	121311

(a) The value of electric company tangible personal property	121312
as assessed by the tax commissioner for tax year 2000 on a	121313
preliminary assessment, or an amended preliminary assessment if	121314
issued prior to March 1, 2001, and as apportioned to the taxing	121315
district for tax year 2000;	121316

(b) The value of electric company tangible personal property	121317
as assessed by the tax commissioner for tax year 2001 on a	121318
preliminary assessment, or an amended preliminary assessment if	121319
issued prior to March 1, 2002, and as apportioned to the taxing	121320
district for tax year 2001.	121321

(4) In the case of a taxing district having a nuclear power	121322
plant within its territory, the difference obtained by subtracting	121323
the amount described in division (D)(4)(b) of this section from	121324
the amount described in division (D)(4)(a) of this section,	121325
provided that such difference is greater than ten per cent of the	121326
amount described in division (D)(4)(a) of this section.	121327

(a) The value of electric company tangible personal property	121328
as assessed by the tax commissioner for tax year 2005 on a	121329
preliminary assessment, or an amended preliminary assessment if	121330
issued prior to March 1, 2006, and as apportioned to the taxing	121331
district for tax year 2005;	121332

(b) The value of electric company tangible personal property	121333
as assessed by the tax commissioner for tax year 2006 on a	121334
preliminary assessment, or an amended preliminary assessment if	121335
issued prior to March 1, 2007, and as apportioned to the taxing	121336
district for tax year 2006.	121337

(E) Not later than January 1, 2002, the tax commissioner	121338
shall determine for each taxing district its natural gas company	121339
tax value loss, which is the sum of the amounts described in	121340
divisions (E)(1) and (2) of this section:	121341

(1) The difference obtained by subtracting the amount	121342
described in division (E)(1)(b) from the amount described in	121343
division (E)(1)(a) of this section.	121344

(a) The value of all natural gas company tangible personal	121345
property, other than property described in division (E)(2) of this	121346
section, as assessed by the tax commissioner for tax year 1999 on	121347
a preliminary assessment, or an amended preliminary assessment if	121348
issued prior to March 1, 2000, and apportioned to the taxing	121349
district for tax year 1999;	121350

(b) The value of all natural gas company tangible personal	121351
property, other than property described in division (E)(2) of this	121352
section, as assessed by the tax commissioner for tax year 1999 had	121353
the property been apportioned to the taxing district for tax year	121354
2001, and assessed at the rates in effect for tax year 2001.	121355

(2) The difference in the value of current gas obtained by	121356
subtracting the amount described in division (E)(2)(b) from the	121357
amount described in division (E)(2)(a) of this section.	121358

(a) The three-year average assessed value of current gas as	121359
assessed by the tax commissioner for tax years 1997, 1998, and	121360
1999 on a preliminary assessment, or an amended preliminary	121361
assessment if issued prior to March 1, 2001, and as apportioned in	121362
the taxing district for those respective years;	121363

(b) The three-year average assessed value from current gas	121364
under division (E)(2)(a) of this section for tax years 1997, 1998,	121365
and 1999, as reflected in the preliminary assessment, using an	121366
assessment rate of twenty-five per cent.	121367

(F) The tax commissioner may request that natural gas	121368
companies, electric companies, and rural electric companies file a	121369
report to help determine the tax value loss under divisions (D)	121370
and (E) of this section. The report shall be filed within thirty	121371
days of the commissioner's request. A company that fails to file	121372
the report or does not timely file the report is subject to the	121373
penalty in section 5727.60 of the Revised Code.	121374

(G) Not later than January 1, 2002, the tax commissioner	121375
shall determine for each school district, joint vocational school	121376
district, and local taxing unit its fixed-rate levy loss, which is	121377
the sum of its electric company tax value loss multiplied by the	121378
tax rate in effect in tax year 1998 for fixed-rate levies and its	121379
natural gas company tax value loss multiplied by the tax rate in	121380
effect in tax year 1999 for fixed-rate levies.	121381

(H) Not later than January 1, 2002, the tax commissioner	121382
shall determine for each school district, joint vocational school	121383
district, and local taxing unit its fixed-sum levy loss, which is	121384
the amount obtained by subtracting the amount described in	121385
division (H)(2) of this section from the amount described in	121386
division (H)(1) of this section:	121387

(1) The sum of the electric company tax value loss multiplied	121388
by the tax rate in effect in tax year 1998, and the natural gas	121389
company tax value loss multiplied by the tax rate in effect in tax	121390
year 1999, for fixed-sum levies for all taxing districts within	121391
each school district, joint vocational school district, and local	121392
taxing unit. For the years 2002 through 2006, this computation	121393
shall include school district emergency levies that existed in	121394
1998 in the case of the electric company tax value loss, and 1999	121395
in the case of the natural gas company tax value loss, and all	121396
other fixed-sum levies that existed in 1998 in the case of the	121397
electric company tax value loss and 1999 in the case of the	121398
natural gas company tax value loss and continue to be charged in	121399
the tax year preceding the distribution year. For the years 2007	121400
through 2016 in the case of school district emergency levies, and	121401
for all years after 2006 in the case of all other fixed-sum	121402
levies, this computation shall exclude all fixed-sum levies that	121403
existed in 1998 in the case of the electric company tax value loss	121404
and 1999 in the case of the natural gas company tax value loss,	121405
but are no longer in effect in the tax year preceding the	121406
distribution year. For the purposes of this section, an emergency	121407
levy that existed in 1998 in the case of the electric company tax	121408
value loss, and 1999 in the case of the natural gas company tax	121409
value loss, continues to exist in a year beginning on or after	121410
January 1, 2007, but before January 1, 2017, if, in that year, the	121411
board of education levies a school district emergency levy for an	121412
annual sum at least equal to the annual sum levied by the board in	121413
tax year 1998 or 1999, respectively, less the amount of the	121414
payment certified under this division for 2002.	121415

(2) The total taxable value in tax year 1999 less the tax	121416
value loss in each school district, joint vocational school	121417
district, and local taxing unit multiplied by one-fourth of one	121418
mill.	121419

If the amount computed under division (H) of this section for	121420
any school district, joint vocational school district, or local	121421
taxing unit is greater than zero, that amount shall equal the	121422
fixed-sum levy loss reimbursed pursuant to division ~~(E)~~(F) of	121423
section 5727.85 of the Revised Code or division (A)(2) of section	121424
5727.86 of the Revised Code, and the one-fourth of one mill that	121425
is subtracted under division (H)(2) of this section shall be	121426
apportioned among all contributing fixed-sum levies in the	121427
proportion of each levy to the sum of all fixed-sum levies within	121428
each school district, joint vocational school district, or local	121429
taxing unit.	121430

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	121431
section, in computing the tax value loss, fixed-rate levy loss,	121432
and fixed-sum levy loss, the tax commissioner shall use the	121433
greater of the 1998 tax rate or the 1999 tax rate in the case of	121434
levy losses associated with the electric company tax value loss,	121435
but the 1999 tax rate shall not include for this purpose any tax	121436
levy approved by the voters after June 30, 1999, and the tax	121437
commissioner shall use the greater of the 1999 or the 2000 tax	121438
rate in the case of levy losses associated with the natural gas	121439
company tax value loss.	121440

(J) Not later than January 1, 2002, the tax commissioner	121441
shall certify to the department of education the tax value loss	121442
determined under divisions (D) and (E) of this section for each	121443
taxing district, the fixed-rate levy loss calculated under	121444
division (G) of this section, and the fixed-sum levy loss	121445
calculated under division (H) of this section. The calculations	121446
under divisions (G) and (H) of this section shall separately	121447
display the levy loss for each levy eligible for reimbursement.	121448

(K) Not later than September 1, 2001, the tax commissioner	121449
shall certify the amount of the fixed-sum levy loss to the county	121450
auditor of each county in which a school district with a fixed-sum	121451
levy loss has territory.	121452

Sec. 5727.85. (A) By the thirty-first day of July of each	121453
year, beginning in 2002 and ending in ~~2016~~2010, the department of	121454
education shall determine the following for each school district	121455
and each joint vocational school district:	121456

(1) The state education aid offset, which, except as provided	121457
in division (A)(1)(c) of this section, is the difference obtained	121458
by subtracting the amount described in division (A)(1)(b) of this	121459
section from the amount described in division (A)(1)(a) of this	121460
section:	121461

(a) The state education aid computed for the school district	121462
or joint vocational school district for the current fiscal year as	121463
of the thirty-first day of July;	121464

(b) The state education aid that would be computed for the	121465
school district or joint vocational school district for the	121466
current fiscal year as of the thirty-first day of July if the	121467
recognized valuation included the tax value loss for the school	121468
district or joint vocational school district;	121469

(c) The state education aid offset for fiscal year 2010 and	121470
fiscal year 2011 equals the greater of the state education aid	121471
offset calculated for that fiscal year under divisions (A)(1)(a)	121472
and (b) of this section or the state education aid offset	121473
calculated for fiscal year 2009.	121474

(2) ~~The~~For fiscal years 2008 through 2011, the greater of	121475
zero or the difference obtained by subtracting the state education	121476
aid offset determined under division (A)(1) of this section from	121477
the fixed-rate levy loss certified under division (J) of section	121478
5727.84 of the Revised Code for all taxing districts in each	121479
school district and joint vocational school district.	121480

By the fifth day of August of each such year, the department	121481
of education shall certify the amount so determined under division	121482
(A)(1) of this section to the director of budget and management.	121483

(B) Not later than the thirty-first day of October of the	121484
years 2006 through ~~2016~~2010, the department of education shall	121485
determine all of the following for each school district:	121486

(1) The amount obtained by subtracting the district's state	121487
education aid computed for fiscal year 2002 from the district's	121488
state education aid computed for the current fiscal year as of the	121489
fifteenth day of July, by including in the definition of	121490
recognized valuation the machinery and equipment, inventory,	121491
furniture and fixtures, and telephone property tax value losses,	121492
as defined in section 5751.20 of the Revised Code, for the school	121493
district or joint vocational school district for the preceding tax	121494
year;	121495

(2) The inflation-adjusted property tax loss. The	121496
inflation-adjusted property tax loss equals the fixed-rate levy	121497
loss, excluding the tax loss from levies within the ten-mill	121498
limitation to pay debt charges, determined under division (G) of	121499
section 5727.84 of the Revised Code for all taxing districts in	121500
each school district, plus the product obtained by multiplying	121501
that loss by the cumulative percentage increase in the consumer	121502
price index from January 1, 2002, to the thirtieth day of June of	121503
the current year.	121504

(3) The difference obtained by subtracting the amount	121505
computed under division (B)(1) from the amount of the	121506
inflation-adjusted property tax loss. If this difference is zero	121507
or a negative number, no further payments shall be made under	121508
division (C) of this section to the school district from the	121509
school district property tax replacement fund.	121510

(C) ~~The~~Beginning in 2002 for school districts and beginning	121511
in August 2011 for joint vocational school districts, the	121512
department of education shall pay from the school district	121513
property tax replacement fund to each school district all of the	121514
following:	121515

(1) In February 2002, one-half of the fixed-rate levy loss	121516
certified under division (J) of section 5727.84 of the Revised	121517
Code between the twenty-first and twenty-eighth days of February.	121518

(2) From August 2002 through ~~August 2017~~February 2011,	121519
one-half of the amount calculated for that fiscal year under	121520
division (A)(2) of this section between the twenty-first and	121521
twenty-eighth days of August and of February, provided the	121522
difference computed under division (B)(3) of this section is not	121523
less than or equal to zero.	121524

~~For~~(3) For fiscal years 2012 and thereafter, the sum of the	121525
amounts in divisions (C)(3)(a) or (b) and (c) of this section	121526
shall be paid on or before the thirty-first day of August and the	121527
twenty-eighth day of February:	121528

(a) If the ratio of 2011 current expense S.B. 3 allocation to	121529
total resources is equal to or less than the threshold per cent,	121530
zero;	121531

(b) If the ratio of 2011 current expense S.B. 3 allocation to	121532
total resources is greater than the threshold per cent, fifty per	121533
cent of the difference of 2011 current expense S.B. 3 allocation	121534
minus the product of total resources multiplied by the threshold	121535
per cent;	121536

(c) Fifty per cent of the product of 2011 non-current expense	121537
S.B. 3 allocation multiplied by seventy-five per cent for fiscal	121538
year 2012 and fifty per cent for fiscal years 2013 and thereafter.	121539

The department of education shall report to each school	121540
district the apportionment of the payments among the school	121541
district's funds based on the certifications under division (J) of	121542
section 5727.84 of the Revised Code.	121543

(D) For taxes levied within the ten-mill limitation for debt	121544
purposes in tax year 1998 in the case of electric company tax	121545
value losses, and in tax year 1999 in the case of natural gas	121546
company tax value losses, payments shall be made equal to one	121547
hundred per cent of the loss computed as if the tax were a	121548
fixed-rate levy, but those payments shall extend from fiscal year	121549
2006 through fiscal year 2016.	121550

~~The department of education shall report to each school~~	121551
~~district the apportionment of the payments among the school~~	121552
~~district's funds based on the certifications under division (J) of~~	121553
~~section 5727.84 of the Revised Code.~~	121554

~~(D)~~(E) Not later than January 1, 2002, for all taxing	121555
districts in each joint vocational school district, the tax	121556
commissioner shall certify to the department of education the	121557
fixed-rate levy loss determined under division (G) of section	121558
5727.84 of the Revised Code. From February 2002 ~~to August 2016~~	121559
through February 2011, the department shall pay from the school	121560
district property tax replacement fund to the joint vocational	121561
school district one-half of the amount calculated for that fiscal	121562
year under division (A)(2) of this section between the	121563
twenty-first and twenty-eighth days of August and of February.	121564

~~(E)~~(F)(1) Not later than January 1, 2002, for each fixed-sum	121565
levy levied by each school district or joint vocational school	121566
district and for each year for which a determination is made under	121567
division (H) of section 5727.84 of the Revised Code that a	121568
fixed-sum levy loss is to be reimbursed, the tax commissioner	121569
shall certify to the department of education the fixed-sum levy	121570
loss determined under that division. The certification shall cover	121571
a time period sufficient to include all fixed-sum levies for which	121572
the tax commissioner made such a determination. The department	121573
shall pay from the school district property tax replacement fund	121574
to the school district or joint vocational school district	121575
one-half of the fixed-sum levy loss so certified for each year	121576
between the twenty-first and twenty-eighth days of August and of	121577
February.	121578

(2) Beginning in 2003, by the thirty-first day of January of	121579
each year, the tax commissioner shall review the certification	121580
originally made under division ~~(E)~~(F)(1) of this section. If the	121581
commissioner determines that a debt levy that had been scheduled	121582
to be reimbursed in the current year has expired, a revised	121583
certification for that and all subsequent years shall be made to	121584
the department of education.	121585

~~(F)~~(G) If the balance of the half-mill equalization fund	121586
created under section 3318.18 of the Revised Code is insufficient	121587
to make the full amount of payments required under division (D) of	121588
that section, the department of education, at the end of the third	121589
quarter of the fiscal year, shall certify to the director of	121590
budget and management the amount of the deficiency, and the	121591
director shall transfer an amount equal to the deficiency from the	121592
school district property tax replacement fund to the half-mill	121593
equalization fund.	121594

~~(G)~~(H) Beginning in August 2002, and ending in May ~~2017~~2011,	121595
the director of budget and management shall transfer from the	121596
school district property tax replacement fund to the general	121597
revenue fund each of the following:	121598

(1) Between the twenty-eighth day of August and the fifth day	121599
of September, the lesser of one-half of the amount certified for	121600
that fiscal year under division (A)(2) of this section or the	121601
balance in the school district property tax replacement fund;	121602

(2) Between the first and fifth days of May, the lesser of	121603
one-half of the amount certified for that fiscal year under	121604
division (A)(2) of this section or the balance in the school	121605
district property tax replacement fund.	121606

~~(H)~~(I) On the first day of June each year, the director of	121607
budget and management shall transfer any balance remaining in the	121608
school district property tax replacement fund after the payments	121609
have been made under divisions (C), (D), (E), (F), ~~and~~ (G), and	121610
(H) of this section to the half-mill equalization fund created	121611
under section 3318.18 of the Revised Code to the extent required	121612
to make any payments in the current fiscal year under that	121613
section, and shall transfer the remaining balance to the general	121614
revenue fund.	121615

~~(I) From~~(J) After fiscal year 2002 ~~through fiscal year 2016~~,	121616
if the total amount in the school district property tax	121617
replacement fund is insufficient to make all payments under	121618
divisions (C), (D), (E), ~~and~~ (F), and (G) of this section at the	121619
time the payments are to be made, the director of budget and	121620
management shall transfer from the general revenue fund to the	121621
school district property tax replacement fund the difference	121622
between the total amount to be paid and the total amount in the	121623
school district property tax replacement fund, except that no	121624
transfer shall be made by reason of a deficiency to the extent	121625
that it results from the amendment of section 5727.84 of the	121626
Revised Code by Amended Substitute House Bill No. 95 of the 125th	121627
general assembly.	121628

~~(J)~~(K) If all of the territory of a school district or joint	121629
vocational school district is merged with an existing district, or	121630
if a part of the territory of a school district or joint	121631
vocational school district is transferred to an existing or new	121632
district, the department of education, in consultation with the	121633
tax commissioner, shall adjust the payments made under this	121634
section as follows:	121635

(1) For the merger of all of the territory of two or more	121636
districts, the ~~fixed-rate levy loss and the~~total resources, 2011	121637
current expense S.B. 3 allocation, total 2011 S.B. 3 allocation,	121638
2011 non-current expense S.B. 3 allocation, and fixed-sum levy	121639
loss of the successor district shall be equal to the sum of the	121640
~~fixed-rate levy losses and the~~total resources, 2011 current	121641
expense S.B. 3 allocation, total 2011 S.B. 3 allocation, 2011	121642
non-current expense S.B. 3 allocation, and fixed-sum levy ~~losses~~	121643
loss for each of the districts involved in the merger.	121644

(2) For the transfer of a part of one district's territory to	121645
an existing district, the amount of the ~~fixed-rate levy loss~~total	121646
resources, 2011 current expense S.B. 3 allocation, total 2011 S.B.	121647
3 allocation, and 2011 non-current expense S.B. 3 allocation that	121648
is transferred to the recipient district shall be an amount equal	121649
to the transferring district's ~~total fixed-rate levy loss~~total	121650
resources, 2011 current expense S.B. 3 allocation, total 2011 S.B.	121651
3 allocation, and 2011 non-current expense S.B. 3 allocation times	121652
a fraction, the numerator of which is the ~~value of electric~~	121653
~~company tangible personal property located in the part of the~~	121654
~~territory that was~~number of pupils being transferred to the	121655
recipient district, measured, in the case of a school district, by	121656
average daily membership as reported under division (A) of section	121657
3317.03 of the Revised Code or, in the case of a joint vocational	121658
school district, by formula ADM as reported in division (D) of	121659
that section, and the denominator of which is the ~~total value of~~	121660
~~electric company tangible personal property located in the entire~~	121661
~~district from which the territory was transferred. The value of~~	121662
~~electric company tangible personal property under this division~~	121663
~~shall be determined for the most recent year for which data is~~	121664
~~available~~average daily membership or formula ADM of the	121665
transferor district. Fixed-sum levy losses for both districts	121666
shall be determined under division ~~(J)~~(K)(4) of this section.	121667

(3) For the transfer of a part of the territory of one or	121668
more districts to create a new district:	121669

(a) If the new district is created on or after January 1,	121670
2000, but before January 1, 2005, the new district shall be paid	121671
its current fixed-rate levy loss through August 2009. ~~From~~In	121672
February 2010 to, August ~~2016~~2010, and February 2011, the new	121673
district shall be paid fifty per cent of the lesser of: (i) the	121674
amount calculated under division (C)(2) of this section or (ii) an	121675
amount equal to seventy per cent of the new district's fixed-rate	121676
levy loss ~~multiplied by the percentage prescribed by the following~~	121677
~~schedule:~~	121678

~~YEAR~~	~~PERCENTAGE~~	121679
~~2010~~	~~70%~~	121680
~~2011~~	~~70%~~	121681
~~2012~~	~~60%~~	121682
~~2013~~	~~50%~~	121683
~~2014~~	~~40%~~	121684
~~2015~~	~~24%~~	121685
~~2016~~	~~11.5%~~	121686
~~2017 and thereafter~~	0%.	121687

Beginning in fiscal year 2012, the new district shall be paid	121688
as provided in division (C) of this section.	121689

Fixed-sum levy losses for the districts shall be determined	121690
under division ~~(J)~~(K)(4) of this section.	121691

(b) If the new district is created on or after January 1,	121692
2005, the new district shall be deemed not to have any fixed-rate	121693
levy loss or, except as provided in division ~~(J)~~(K)(4) of this	121694
section, fixed-sum levy loss. The district or districts from which	121695
the territory was transferred shall have no reduction in their	121696
fixed-rate levy loss, or, except as provided in division ~~(J)~~(K)(4)	121697
of this section, their fixed-sum levy loss.	121698

(4) If a recipient district under division ~~(J)~~(K)(2) of this	121699
section or a new district under division ~~(J)~~(K)(3)(a) or (b) of	121700
this section takes on debt from one or more of the districts from	121701
which territory was transferred, and any of the districts	121702
transferring the territory had fixed-sum levy losses, the	121703
department of education, in consultation with the tax	121704
commissioner, shall make an equitable division of the fixed-sum	121705
levy losses.	121706

~~(K) There is hereby created the public utility property tax~~	121707
~~study committee, effective January 1, 2011. The committee shall~~	121708
~~consist of the following seven members: the tax commissioner,~~	121709
~~three members of the senate appointed by the president of the~~	121710
~~senate, and three members of the house of representatives~~	121711
~~appointed by the speaker of the house of representatives. The~~	121712
~~appointments shall be made not later than January 31, 2011. The~~	121713
~~tax commissioner shall be the chairperson of the committee.~~	121714

~~The committee shall study the extent to which each school~~	121715
~~district or joint vocational school district has been compensated,~~	121716
~~under sections 5727.84 and 5727.85 of the Revised Code as enacted~~	121717
~~by Substitute Senate Bill No. 3 of the 123rd general assembly and~~	121718
~~any subsequent acts, for the property tax loss caused by the~~	121719
~~reduction in the assessment rates for natural gas, electric, and~~	121720
~~rural electric company tangible personal property. Not later than~~	121721
~~June 30, 2011, the committee shall issue a report of its findings,~~	121722
~~including any recommendations for providing additional~~	121723
~~compensation for the property tax loss or regarding remedial~~	121724
~~legislation, to the president of the senate and the speaker of the~~	121725
~~house of representatives, at which time the committee shall cease~~	121726
~~to exist.~~	121727

~~The department of taxation and department of education shall~~	121728
~~provide such information and assistance as is required for the~~	121729
~~committee to carry out its duties.~~	121730

Sec. 5727.86. (A) Not later than January 1, 2002, the tax	121731
commissioner shall compute the payments to be made to each local	121732
taxing unit for each year according to divisions (A)(1), (2), (3),	121733
and (4) and division (E) of this section, and shall distribute the	121734
payments in the manner prescribed by division (C) of this section.	121735
The calculation of the fixed-sum levy loss shall cover a time	121736
period sufficient to include all fixed-sum levies for which the	121737
tax commissioner determined, pursuant to division (H) of section	121738
5727.84 of the Revised Code, that a fixed-sum levy loss is to be	121739
reimbursed.	121740

(1) Except as provided in divisions (A)(3) and (4) of this	121741
section, ~~for fixed-rate levy losses determined under division (G)~~	121742
~~of section 5727.84 of the Revised Code, payments shall be made in~~	121743
~~each of the following years at the following percentage of the~~	121744
~~fixed-rate levy loss certified under division (A) of this section:~~	121745

~~YEAR~~	~~PERCENTAGE~~	121746
~~2002~~	~~100%~~	121747
~~2003~~	~~100%~~	121748
~~2004~~	~~100%~~	121749
~~2005~~	~~100%~~	121750
~~2006~~	~~100%~~	121751
~~2007~~	~~80%~~	121752
~~2008~~	~~80%~~	121753
~~2009~~	~~80%~~	121754
~~2010~~	~~80%~~	121755
~~2011~~	~~80%~~	121756
~~2012~~	~~66.7%~~	121757
~~2013~~	~~53.4%~~	121758
~~2014~~	~~40.1%~~	121759
~~2015~~	~~26.8%~~	121760
~~2016~~	~~13.5%~~	121761
~~2017 and thereafter~~	0%	121762

the following amounts shall be paid on or before the thirty-first	121763
day of August and the twenty-eighth day of February:	121764

(a) For years 2002 through 2006, fifty per cent of the	121765
fixed-rate levy loss computed under division (G) of section	121766
5727.84 of the Revised Code;	121767

(b) For years 2007 through 2010, forty per cent of the fixed	121768
rate levy loss computed under division (G) of section 5727.84 of	121769
the Revised Code;	121770

(c) For the payment in 2011 to be made on or before the	121771
twentieth day of February, the amount required to be paid in 2010	121772
on or before the twentieth day of February;	121773

(d) For the payment in 2011 to be made on or before the	121774
thirty-first day of August and for all payments to be made in	121775
years 2012 and thereafter, the sum of the amounts in divisions	121776
(A)(1)(d)(i) or (ii) and (iii) of this section:	121777

(i) If the ratio of fifty per cent of the taxing unit's 2010	121778
S.B. 3 allocation to its total resources is equal to or less than	121779
the threshold per cent, zero;	121780

(ii) If the ratio of fifty per cent of the taxing unit's 2010	121781
S.B. 3 allocation to its total resources is greater than the	121782
threshold per cent, the difference of fifty per cent of the 2010	121783
S.B. 3 allocation minus the product of total resources multiplied	121784
by the threshold per cent;	121785

(iii) In the case of a municipal corporation, fifty per cent	121786
of the product of its 2010 non-current expense S.B. 3 allocation	121787
multiplied by seventy-five per cent for year 2011, fifty per cent	121788
for year 2012, and twenty-five percent for years 2013 and	121789
thereafter.	121790

(2) For fixed-sum levy losses determined under division (H)	121791
of section 5727.84 of the Revised Code, payments shall be made in	121792
the amount of one hundred per cent of the fixed-sum levy loss for	121793
payments required to be made in 2002 and thereafter.	121794

(3) A local taxing unit in a county of less than two hundred	121795
fifty square miles that receives eighty per cent or more of its	121796
combined general fund and bond retirement fund revenues from	121797
property taxes and rollbacks based on 1997 actual revenues as	121798
presented in its 1999 tax budget, and in which electric companies	121799
and rural electric companies comprise over twenty per cent of its	121800
property valuation, shall receive one hundred per cent of its	121801
fixed-rate levy losses from electric company tax value losses	121802
certified under division (A) of this section in years 2002 to ~~2016~~	121803
2010. Beginning in 2011, payments for such local taxing units	121804
shall be determined under division (A)(1) of this section.	121805

(4) For taxes levied within the ten-mill limitation or	121806
pursuant to a municipal charter for debt purposes in tax year 1998	121807
in the case of electric company tax value losses, and in tax year	121808
1999 in the case of natural gas company tax value losses, payments	121809
shall be made equal to one hundred per cent of the loss computed	121810
as if the tax were a fixed-rate levy, but those payments shall	121811
extend from ~~fiscal year 2006~~2011 through ~~fiscal year~~ 2016 if the	121812
levy was imposed for debt purposes in tax year 2010. If the levy	121813
is not imposed for debt purposes in tax year 2010 or any following	121814
tax year before tax year 2016, payments for that levy shall be	121815
made under division (A)(1) of this section beginning with the	121816
first year after the year the levy is imposed for a purpose other	121817
than debt. For the purposes of this division, taxes levied	121818
pursuant to a municipal charter refer to taxes levied pursuant to	121819
a provision of a municipal charter that permits the tax to be	121820
levied without prior voter approval.	121821

(B) Beginning in 2003, by the thirty-first day of January of	121822
each year, the tax commissioner shall review the calculation	121823
originally made under division (A) of this section of the	121824
fixed-sum levy loss determined under division (H) of section	121825
5727.84 of the Revised Code. If the commissioner determines that a	121826
fixed-sum levy that had been scheduled to be reimbursed in the	121827
current year has expired, a revised calculation for that and all	121828
subsequent years shall be made.	121829

(C) Payments to local taxing units required to be made under	121830
divisions (A) and (E) of this section shall be paid from the local	121831
government property tax replacement fund to the county undivided	121832
income tax fund in the proper county treasury. ~~One-half of the~~	121833
~~amount certified under those divisions shall be paid between the~~	121834
~~twenty-first and twenty-eighth days of August and of February.~~ The	121835
county treasurer shall distribute amounts paid under division (A)	121836
of this section to the proper local taxing unit as if they had	121837
been levied and collected as taxes, and the local taxing unit	121838
shall apportion the amounts so received among its funds in the	121839
same proportions as if those amounts had been levied and collected	121840
as taxes. Except in the case of amounts distributed to the county	121841
as a local taxing unit, amounts distributed under division (E)(2)	121842
of this section shall be credited to the general fund of the local	121843
taxing unit that receives them. Amounts distributed to each county	121844
as a local taxing unit under division (E)(2) of this section shall	121845
be credited in the proportion that the current taxes charged and	121846
payable from each levy of or by the county bears to the total	121847
current taxes charged and payable from all levies of or by the	121848
county.	121849

(D) By February 5, 2002, the tax commissioner shall estimate	121850
the amount of money in the local government property tax	121851
replacement fund in excess of the amount necessary to make	121852
payments in that month under division (C) of this section.	121853
Notwithstanding division (A) of this section, the tax commissioner	121854
may pay any local taxing unit, from those excess funds, nine and	121855
four-tenths times the amount computed for 2002 under division	121856
(A)(1) of this section. A payment made under this division shall	121857
be in lieu of the payment to be made in February 2002 under	121858
division (A)(1) of this section. A local taxing unit receiving a	121859
payment under this division will no longer be entitled to any	121860
further payments under division (A)(1) of this section. A payment	121861
made under this division shall be paid from the local government	121862
property tax replacement fund to the county undivided income tax	121863
fund in the proper county treasury. The county treasurer shall	121864
distribute the payment to the proper local taxing unit as if it	121865
had been levied and collected as taxes, and the local taxing unit	121866
shall apportion the amounts so received among its funds in the	121867
same proportions as if those amounts had been levied and collected	121868
as taxes.	121869

(E)(1) On the thirty-first day of July of 2002, 2003, 2004,	121870
2005, and 2006, and on the thirty-first day of January and July of	121871
2007 ~~and each year thereafter~~through January 2011, if the amount	121872
credited to the local government property tax replacement fund	121873
exceeds the amount needed to be distributed from the fund under	121874
division (A) of this section in the following month, the tax	121875
commissioner shall distribute the excess to each county as	121876
follows:	121877

(a) One-half shall be distributed to each county in	121878
proportion to each county's population.	121879

(b) One-half shall be distributed to each county in the	121880
proportion that the amounts determined under divisions (G) and (H)	121881
of section 5727.84 of the Revised Code for all local taxing units	121882
in the county is of the total amounts so determined for all local	121883
taxing units in the state.	121884

(2) The amounts distributed to each county under division (E)	121885
of this section shall be distributed by the county auditor to each	121886
local taxing unit in the county in the proportion that the unit's	121887
current taxes charged and payable are of the total current taxes	121888
charged and payable of all the local taxing units in the county.	121889
If the amount that the county auditor determines to be distributed	121890
to a local taxing unit is less than five dollars, that amount	121891
shall not be distributed, and the amount not distributed shall	121892
remain credited to the county undivided income tax fund. At the	121893
time of the next distribution under division (E)(2) of this	121894
section, any amount that had not been distributed in the prior	121895
distribution shall be added to the amount available for the next	121896
distribution prior to calculation of the amount to be distributed.	121897
As used in this division, "current taxes charged and payable"	121898
means the taxes charged and payable as most recently determined	121899
for local taxing units in the county.	121900

~~(3) If, in the opinion of the tax commissioner, the excess~~	121901
~~remaining in the local government property tax replacement fund in~~	121902
~~any year is not sufficient to warrant distribution~~After January	121903
2011, any amount that exceeds the amount needed to be distributed	121904
from the fund under division ~~(E)~~(A) of this section~~, the excess~~	121905
~~shall remain to the credit of~~in the following month shall be	121906
transferred to the general revenue fund.	121907

(F) ~~From fiscal year 2002 through fiscal year 2016, if~~If the	121908
total amount in the local government property tax replacement fund	121909
is insufficient to make all payments under division (C) of this	121910
section at the times the payments are to be made, the director of	121911
budget and management shall transfer from the general revenue fund	121912
to the local government property tax replacement fund the	121913
difference between the total amount to be paid and the amount in	121914
the local government property tax replacement fund, except that no	121915
transfer shall be made by reason of a deficiency to the extent	121916
that it results from the amendment of section 5727.84 of the	121917
Revised Code by Amended Substitute House Bill 95 of the 125th	121918
general assembly.	121919

(G) If all or a part of the territories of two or more local	121920
taxing units are merged, or unincorporated territory of a township	121921
is annexed by a municipal corporation, the tax commissioner shall	121922
adjust the payments made under this section to each of the local	121923
taxing units in proportion to the ~~tax value loss~~square mileage	121924
apportioned to the merged or annexed territory, or as otherwise	121925
provided by a written agreement between the legislative	121926
authorities of the local taxing units certified to the tax	121927
commissioner not later than the first day of June of the calendar	121928
year in which the payment is to be made.	121929

Sec. 5729.17. (A) As used in this section, "certificate	121930
owner" has the same meaning as in section 149.311 of the Revised	121931
Code.	121932

(B) There is allowed a credit against the tax imposed by	121933
section 5729.03 of the Revised Code for an insurance company	121934
subject to that tax that is a certificate owner of a	121935
rehabilitation tax credit certificate issued under section 149.311	121936
of the Revised Code. The credit shall equal twenty-five per cent	121937
of the dollar amount indicated on the certificate, but the amount	121938
of the credit allowed for any company for any year shall not	121939
exceed five million dollars. The credit shall be claimed in the	121940
calendar year specified in the certificate and in the order	121941
required under section 5729.98 of the Revised Code. If the credit	121942
exceeds the amount of tax otherwise due in that year, the excess	121943
shall be refunded to the company but, if any amount of the credit	121944
is refunded, the sum of the amount refunded and the amount applied	121945
to reduce the tax otherwise due in that year shall not exceed	121946
three million dollars. The company may carry forward any balance	121947
of the credit in excess of the amount claimed in that year for not	121948
more than five ensuing years, and shall deduct any amount claimed	121949
in any such year from the amount claimed in an ensuing year.	121950

(C) An insurance company claiming a credit under this section	121951
shall retain the rehabilitation tax credit certificate for four	121952
years following the end of the year in which the credit was	121953
claimed, and shall make the certificate available for inspection	121954
by the tax commissioner upon the request of the tax commissioner	121955
during that period.	121956

Sec. 5729.98. (A) To provide a uniform procedure for	121957
calculating the amount of tax due under this chapter, a taxpayer	121958
shall claim any credits and offsets against tax liability to which	121959
it is entitled in the following order:	121960

(1) The credit for an insurance company or insurance company	121961
group under section 5729.031 of the Revised Code;	121962

(2) The credit for eligible employee training costs under	121963
section 5729.07 of the Revised Code;	121964

(3) The credit for purchases of qualified low-income	121965
community investments under section 5729.16 of the Revised Code;	121966

(4) The nonrefundable job retention credit under division	121967
(B)(1) of section 122.171 of the Revised Code;	121968

(5) The offset of assessments by the Ohio life and health	121969
insurance guaranty association against tax liability permitted by	121970
section 3956.20 of the Revised Code;	121971

(6) The refundable credit for rehabilitating a historic	121972
building under section 5729.17 of the Revised Code.	121973

(7) The refundable credit for Ohio job retention under	121974
division (B)(2) or (3) of section 122.171 of the Revised Code;	121975

~~(7)~~(8) The refundable credit for Ohio job creation under	121976
section 5729.032 of the Revised Code;	121977

~~(8)~~(9) The refundable credit under section 5729.08 of the	121978
Revised Code for losses on loans made under the Ohio venture	121979
capital program under sections 150.01 to 150.10 of the Revised	121980
Code.	121981

(B) For any credit except the refundable credits enumerated	121982
in this section, the amount of the credit for a taxable year shall	121983
not exceed the tax due after allowing for any other credit that	121984
precedes it in the order required under this section. Any excess	121985
amount of a particular credit may be carried forward if authorized	121986
under the section creating that credit. Nothing in this chapter	121987
shall be construed to allow a taxpayer to claim, directly or	121988
indirectly, a credit more than once for a taxable year.	121989

Sec. 5731.02. (A) A tax is hereby levied on the transfer of	121990
the taxable estate, determined as provided in section 5731.14 of	121991
the Revised Code, of every person dying on or after July 1, 1968,	121992
and before January 1, 2013, who at the time of death was a	121993
resident of this state, as follows:	121994

If the taxable estate is:	The tax shall be:	121995
Not over $40,000	2% of the taxable estate	121996
Over $40,000 but not over $100,000	$800 plus 3% of the excess over $40,000	121997
Over $100,000 but not over $200,000	$2,600 plus 4% of the excess over $100,000	121998
Over $200,000 but not over $300,000	$6,600 plus 5% of the excess over $200,000	121999
Over $300,000 but not over $500,000	$11,600 plus 6% of the excess over $300,000	122000
Over $500,000	$23,600 plus 7% of the excess over $500,000.	122001

(B) A credit shall be allowed against the tax imposed by	122002
division (A) of this section equal to the lesser of five hundred	122003
dollars or the amount of the tax for persons dying on or after	122004
July 1, 1968, but before January 1, 2001; the lesser of six	122005
thousand six hundred dollars or the amount of the tax for persons	122006
dying on or after January 1, 2001, but before January 1, 2002; or	122007
the lesser of thirteen thousand nine hundred dollars or the amount	122008
of the tax for persons dying on or after January 1, 2002.	122009

Sec. 5731.19. (A) A tax is hereby levied upon the transfer	122010
of so much of the taxable estate of every person dying on or after	122011
July 1, 1968, and before January 1, 2013, who, at the time of ~~his~~	122012
death, was not a resident of this state, as consists of real	122013
property situated in this state, tangible personal property having	122014
an actual situs in this state, and intangible personal property	122015
employed in carrying on a business within this state unless	122016
exempted from tax under the provisions of section 5731.34 of the	122017
Revised Code.	122018

(B) The amount of the tax on such real and tangible personal	122019
property shall be determined as follows:	122020

(1) Determine the amount of tax which would be payable under	122021
Chapter 5731. of the Revised Code if the decedent had died a	122022
resident of this state with all ~~his~~the decedent's property	122023
situated or located within this state;	122024

(2) Multiply the tax so determined by a fraction, the	122025
denominator of which shall be the value of the gross estate	122026
wherever situated and the numerator of which shall be the said	122027
gross estate value of the real property situated and the tangible	122028
personal property having an actual situs in this state and	122029
intangible personal property employed in carrying on a business	122030
within this state and not exempted from tax under section 5731.34	122031
of the Revised Code. The product shall be the amount of tax	122032
payable to this state.	122033

(C) In addition to the tax levied by division (A) of this	122034
section, an additional tax is hereby levied on such real and	122035
tangible personal property determined as follows:	122036

(1) Determine the amount of tax which would be payable under	122037
division (A) of section 5731.18 of the Revised Code, if the	122038
decedent had died a resident of this state with all ~~his~~the	122039
decedent's property situated or located within this state;	122040

(2) Multiply the tax so determined by a fraction, the	122041
denominator of which shall be the value of the gross estate	122042
wherever situated and the numerator of which shall be the said	122043
gross estate value of the real property situated and the tangible	122044
property having an actual situs in this state and intangible	122045
personal property employed in carrying on a business within this	122046
state and not exempted from tax under section 5731.34 of the	122047
Revised Code. The product so derived shall be credited with the	122048
amount of the tax determined under division (B) of this section.	122049

Sec. 5731.21. (A)(1)(a) Except as provided under division	122050
(A)(3) of this section, the executor or administrator, or, if no	122051
executor or administrator has been appointed, another person in	122052
possession of property the transfer of which is subject to estate	122053
taxes under section 5731.02 or division (A) of section 5731.19 of	122054
the Revised Code, shall file an estate tax return, within nine	122055
months of the date of the decedent's death, in the form prescribed	122056
by the tax commissioner, in duplicate, with the probate court of	122057
the county. The return shall include all property the transfer of	122058
which is subject to estate taxes, whether that property is	122059
transferred under the last will and testament of the decedent or	122060
otherwise. The time for filing the return may be extended by the	122061
tax commissioner.	122062

(b) The estate tax return described in division (A)(1)(a) of	122063
this section shall be accompanied by a certificate, in the form	122064
prescribed by the tax commissioner, that is signed by the	122065
executor, administrator, or other person required to file the	122066
return, and that states all of the following:	122067

(i) The fact that the return was filed;

122068

(ii) The date of the filing of the return;

122069

(iii) The fact that the estate taxes under section 5731.02 or	122070
division (A) of section 5731.19 of the Revised Code, that are	122071
shown to be due in the return, have been paid in full;	122072

(iv) If applicable, the fact that real property listed in the	122073
inventory for the decedent's estate is included in the return;	122074

(v) If applicable, the fact that real property not listed in	122075
the inventory for the decedent's estate, including, but not	122076
limited to, survivorship tenancy property as described in section	122077
5302.17 of the Revised Code or transfer on death property as	122078
described in sections 5302.22 and 5302.23 of the Revised Code,	122079
also is included in the return. In this regard, the certificate	122080
additionally shall describe that real property by the same	122081
description used in the return.	122082

(2) The probate court shall forward one copy of the estate	122083
tax return described in division (A)(1)(a) of this section to the	122084
tax commissioner.	122085

(3) A person shall not be required to file a return under	122086
division (A) of this section if the decedent was a resident of	122087
this state and the value of the decedent's gross estate is	122088
twenty-five thousand dollars or less in the case of a decedent	122089
dying on or after July 1, 1968, but before January 1, 2001; two	122090
hundred thousand dollars or less in the case of a decedent dying	122091
on or after January 1, 2001, but before January 1, 2002; or three	122092
hundred thirty-eight thousand three hundred thirty-three dollars	122093
or less in the case of a decedent dying on or after January 1,	122094
2002. No return shall be filed for estates of decedents dying on	122095
or after January 1, 2013.	122096

(4)(a) Upon receipt of the estate tax return described in	122097
division (A)(1)(a) of this section and the accompanying	122098
certificate described in division (A)(1)(b) of this section, the	122099
probate court promptly shall give notice of the return, by a form	122100
prescribed by the tax commissioner, to the county auditor. The	122101
auditor then shall make a charge based upon the notice and shall	122102
certify a duplicate of the charge to the county treasurer. The	122103
treasurer then shall collect, subject to division (A) of section	122104
5731.25 of the Revised Code or any other statute extending the	122105
time for payment of an estate tax, the tax so charged.	122106

(b) Upon receipt of the return and the accompanying	122107
certificate, the probate court also shall forward the certificate	122108
to the auditor. When satisfied that the estate taxes under section	122109
5731.02 or division (A) of section 5731.19 of the Revised Code,	122110
that are shown to be due in the return, have been paid in full,	122111
the auditor shall stamp the certificate so forwarded to verify	122112
that payment. The auditor then shall return the stamped	122113
certificate to the probate court.	122114

(5)(a) The certificate described in division (A)(1)(b) of	122115
this section is a public record subject to inspection and copying	122116
in accordance with section 149.43 of the Revised Code. It shall be	122117
kept in the records of the probate court pertaining to the	122118
decedent's estate and is not subject to the confidentiality	122119
provisions of section 5731.90 of the Revised Code.	122120

(b) All persons are entitled to rely on the statements	122121
contained in a certificate as described in division (A)(1)(b) of	122122
this section if it has been filed in accordance with that	122123
division, forwarded to a county auditor and stamped in accordance	122124
with division (A)(4) of this section, and placed in the records of	122125
the probate court pertaining to the decedent's estate in	122126
accordance with division (A)(5)(a) of this section. The real	122127
property referred to in the certificate shall be free of, and may	122128
be regarded by all persons as being free of, any lien for estate	122129
taxes under section 5731.02 and division (A) of section 5731.19 of	122130
the Revised Code.	122131

(B) An estate tax return filed under this section, in the	122132
form prescribed by the tax commissioner, and showing that no	122133
estate tax is due shall result in a determination that no estate	122134
tax is due, if the tax commissioner within three months after the	122135
receipt of the return by the department of taxation, fails to file	122136
exceptions to the return in the probate court of the county in	122137
which the return was filed. A copy of exceptions to a return of	122138
that nature, when the tax commissioner files them within that	122139
period, shall be sent by ordinary mail to the person who filed the	122140
return. The tax commissioner is not bound under this division by a	122141
determination that no estate tax is due, with respect to property	122142
not disclosed in the return.	122143

(C) If the executor, administrator, or other person required	122144
to file an estate tax return fails to file it within nine months	122145
of the date of the decedent's death, the tax commissioner may	122146
determine the estate tax in that estate and issue a certificate of	122147
determination in the same manner as is provided in division (B) of	122148
section 5731.27 of the Revised Code. A certificate of	122149
determination of that nature has the same force and effect as	122150
though a return had been filed and a certificate of determination	122151
issued with respect to the return.	122152

Sec. 5731.39. (A) No corporation organized or existing under	122153
the laws of this state shall transfer on its books or issue a new	122154
certificate for any share of its capital stock registered in the	122155
name of a decedent, or in trust for a decedent, or in the name of	122156
a decedent and another person or persons, without the written	122157
consent of the tax commissioner.	122158

(B) No safe deposit company, trust company, financial	122159
institution as defined in division (A) of section 5725.01 of the	122160
Revised Code or other corporation or person, having in possession,	122161
control, or custody a deposit standing in the name of a decedent,	122162
or in trust for a decedent, or in the name of a decedent and	122163
another person or persons, shall deliver or transfer an amount in	122164
excess of three-fourths of the total value of such deposit,	122165
including accrued interest and dividends, as of the date of	122166
decedent's death, without the written consent of the tax	122167
commissioner. The written consent of the tax commissioner need not	122168
be obtained prior to the delivery or transfer of amounts having a	122169
value of three-fourths or less of said total value.	122170

(C) No life insurance company shall pay the proceeds of an	122171
annuity or matured endowment contract, or of a life insurance	122172
contract payable to the estate of a decedent, or of any other	122173
insurance contract taxable under Chapter 5731. of the Revised	122174
Code, without the written consent of the tax commissioner. Any	122175
life insurance company may pay the proceeds of any insurance	122176
contract not specified in this division (C) without the written	122177
consent of the tax commissioner.	122178

(D) No trust company or other corporation or person shall pay	122179
the proceeds of any death benefit, retirement, pension or profit	122180
sharing plan in excess of two thousand dollars, without the	122181
written consent of the tax commissioner. Such trust company or	122182
other corporation or person, however, may pay the proceeds of any	122183
death benefit, retirement, pension, or profit-sharing plan which	122184
consists of insurance on the life of the decedent payable to a	122185
beneficiary other than the estate of the insured without the	122186
written consent of the tax commissioner.	122187

(E) No safe deposit company, trust company, financial	122188
institution as defined in division (A) of section 5725.01 of the	122189
Revised Code, or other corporation or person, having in	122190
possession, control, or custody securities, assets, or other	122191
property (including the shares of the capital stock of, or other	122192
interest in, such safe deposit company, trust company, financial	122193
institution as defined in division (A) of section 5725.01 of the	122194
Revised Code, or other corporation), standing in the name of a	122195
decedent, or in trust for a decedent, or in the name of a decedent	122196
and another person or persons, and the transfer of which is	122197
taxable under Chapter 5731. of the Revised Code, shall deliver or	122198
transfer any such securities, assets, or other property which have	122199
a value as of the date of decedent's death in excess of	122200
three-fourths of the total value thereof, without the written	122201
consent of the tax commissioner. The written consent of the tax	122202
commissioner need not be obtained prior to the delivery or	122203
transfer of any such securities, assets, or other property having	122204
a value of three-fourths or less of said total value.	122205

(F) No safe deposit company, financial institution as defined	122206
in division (A) of section 5725.01 of the Revised Code, or other	122207
corporation or person having possession or control of a safe	122208
deposit box or similar receptacle standing in the name of a	122209
decedent or in the name of the decedent and another person or	122210
persons, or to which the decedent had a right of access, except	122211
when such safe deposit box or other receptacle stands in the name	122212
of a corporation or partnership, or in the name of the decedent as	122213
guardian or executor, shall deliver any of the contents thereof	122214
unless the safe deposit box or similar receptacle has been opened	122215
and inventoried in the presence of the tax commissioner or the	122216
commissioner's agent, and a written consent to transfer issued;	122217
provided, however, that a safe deposit company, financial	122218
institution, or other corporation or person having possession or	122219
control of a safe deposit box may deliver wills, deeds to burial	122220
lots, and insurance policies to a representative of the decedent,	122221
but that a representative of the safe deposit company, financial	122222
institution, or other corporation or person must supervise the	122223
opening of the box and make a written record of the wills, deeds,	122224
and policies removed. Such written record shall be included in the	122225
tax commissioner's inventory records.	122226

(G) Notwithstanding any provision of this section:

122227

(1) The tax commissioner may authorize any delivery or	122228
transfer or waive any of the foregoing requirements under such	122229
terms and conditions as the commissioner may prescribe;	122230

(2) An adult care facility, as defined in section ~~3722.01~~	122231
5119.70 of the Revised Code, or a home, as defined in section	122232
3721.10 of the Revised Code, may transfer or use the money in a	122233
personal needs allowance account in accordance with section	122234
5111.113 of the Revised Code without the written consent of the	122235
tax commissioner, and without the account having been opened and	122236
inventoried in the presence of the commissioner or the	122237
commissioner's agent.	122238

Failure to comply with this section shall render such safe	122239
deposit company, trust company, life insurance company, financial	122240
institution as defined in division (A) of section 5725.01 of the	122241
Revised Code, or other corporation or person liable for the amount	122242
of the taxes and interest due under the provisions of Chapter	122243
5731. of the Revised Code on the transfer of such stock, deposit,	122244
proceeds of an annuity or matured endowment contract or of a life	122245
insurance contract payable to the estate of a decedent, or other	122246
insurance contract taxable under Chapter 5731. of the Revised	122247
Code, proceeds of any death benefit, retirement, pension, or	122248
profit sharing plan in excess of two thousand dollars, or	122249
securities, assets, or other property of any resident decedent,	122250
and in addition thereto, to a penalty of not less than five	122251
hundred or more than five thousand dollars.	122252

Sec. 5733.0610. (A) A refundable corporation franchise tax	122253
credit granted by the tax credit authority under section 122.17 or	122254
division (B)(2) or (3) of section 122.171 of the Revised Code may	122255
be claimed under this chapter in the order required under section	122256
5733.98 of the Revised Code. For purposes of making tax payments	122257
under this chapter, taxes equal to the amount of the refundable	122258
credit shall be considered to be paid to this state on the first	122259
day of the tax year. The refundable credit shall not be claimed	122260
for any tax years following the calendar year in which a	122261
relocation of employment positions occurs in violation of an	122262
agreement entered into under section 122.171 of the Revised Code.	122263

(B) A nonrefundable corporation franchise tax credit granted	122264
by the tax credit authority under division (B)(1) of section	122265
122.171 of the Revised Code may be claimed under this chapter in	122266
the order required under section 5733.98 of the Revised Code.	122267

Sec. 5733.23. In addition to all other remedies for the	122268
collection of any taxes or penalties due under law, whenever any	122269
taxes, fees, or penalties due from any corporation have remained	122270
unpaid for a period of ninety days, or whenever any corporation	122271
has failed for a period of ninety days to make any report or	122272
return required by law, or to pay any penalty for failure to make	122273
or file such report or return, the attorney general, upon the	122274
request of the tax commissioner, shall file a petition in the	122275
court of common pleas in the county of the state in which such	122276
corporation has its principal place of business for a judgment for	122277
the amount of the taxes or penalties appearing to be due, the	122278
enforcement of any lien in favor of the state, and an injunction	122279
to restrain such corporation and its officers, directors, and	122280
managing agents from the transaction of any business within this	122281
state, other than such acts as are incidental to liquidation or	122282
winding up, until the payment of such taxes, fees, and penalties,	122283
and the costs of the proceeding which shall be fixed by the court,	122284
or the making and filing of such report or return.	122285

Such petition shall be in the name of the state. All or any	122286
of the corporations having their principal places of business in	122287
the county may be joined in one suit. On the motion of the	122288
attorney general, the court of common pleas shall enter an order	122289
requiring all defendants to answer by a day certain, and may	122290
appoint a special master commissioner to take testimony, with such	122291
other power and authority as the court confers, and permitting	122292
process to be served by registered mail and by publication in a	122293
newspaper of general circulation ~~published~~ in the county, which	122294
publication need not be made more than once, setting forth the	122295
name of each delinquent corporation, the matter in which such	122296
corporation is delinquent, the names of its officers, directors,	122297
and managing agents, if set forth in the petition, and the amount	122298
of any taxes, fees, or penalties claimed to be owing by said	122299
corporation.	122300

All or any of the officers, directors, shareholders, or	122301
managing agents of any corporation may be joined as defendants	122302
with such corporation.	122303

If it appears to the court upon hearing that any corporation	122304
which is a party to such proceeding is indebted to the state for	122305
taxes, fees, or penalties, judgment shall be entered therefor with	122306
interest; and if it appears that any corporation has failed to	122307
make or file any report or return, a mandatory injunction may be	122308
issued against such corporation, its officers, directors, and	122309
managing agents, enjoining them from the transaction of any	122310
business within this state, other than acts incidental to	122311
liquidation or winding up, until the making and filing of all	122312
proper reports or returns and until the payment in full of all	122313
taxes, fees, and penalties.	122314

If the officers, directors, shareholders, or managing agents	122315
of a corporation are not made parties in the first instance, and a	122316
judgment or an injunction is rendered or issued against such	122317
corporation, such officers, directors, shareholders, or managing	122318
agents may be made parties to such proceedings upon the motion of	122319
the attorney general, and, upon notice to them of the form and	122320
terms of such injunction, they shall be bound thereby as fully as	122321
if they had been made parties in the first instance.	122322

In any action authorized by this section, a statement of the	122323
commissioner, or the secretary of state, when duly certified,	122324
shall be prima-facie evidence of the amount of taxes, fees, or	122325
penalties due from any corporation, or of the failure of any	122326
corporation to file with the commissioner or the secretary of	122327
state any report required by law, and any such certificate of the	122328
commissioner or the secretary of state may be required in evidence	122329
in any such proceeding.	122330

On the application of any defendant and for good cause shown,	122331
the court may order a separate hearing of the issues as to any	122332
defendant.	122333

The costs of the proceeding shall be apportioned among the	122334
parties as the court deems proper.	122335

The court in such proceeding may make, enter, and enforce	122336
such other judgments and orders and grant such other relief as is	122337
necessary or incidental to the enforcement of the claims and lien	122338
of the state.	122339

In the performance of the duties enjoined upon ~~him~~the	122340
attorney general by this section the attorney general may direct	122341
any prosecuting attorney to bring an action, as authorized by this	122342
section, in the name of the state with respect to any delinquent	122343
corporations within ~~his~~the prosecuting attorney's county, and	122344
like proceedings and orders shall be had as if such action were	122345
instituted by the attorney general.	122346

Sec. 5733.351. (A) As used in this section, "qualified	122347
research expenses" has the same meaning as in section 41 of the	122348
Internal Revenue Code.	122349

(B)(1) A nonrefundable credit is allowed against the tax	122350
imposed by section 5733.06 of the Revised Code for tax year 2002	122351
for a taxpayer whose taxable year for tax year 2002 ended before	122352
July 1, 2001. The credit shall equal seven per cent of the excess	122353
of qualified research expenses incurred in this state by the	122354
taxpayer between January 1, 2001, and the end of the taxable year,	122355
over the taxpayer's average annual qualified research expenses	122356
incurred in this state for the three preceding taxable years.	122357

(2) A nonrefundable credit also is allowed against the tax	122358
imposed by section 5733.06 of the Revised Code for each tax year,	122359
commencing with tax year 2004, and in the case of a corporation	122360
subject to division (G)(2) of section 5733.01 of the Revised Code	122361
ending with tax year 2008. The credit shall equal seven per cent	122362
of the excess of qualified research expenses incurred in this	122363
state by the taxpayer for the taxable year over the taxpayer's	122364
average annual qualified research expenses incurred in this state	122365
for the three preceding taxable years.	122366

(3) The taxpayer shall claim the credit allowed under	122367
division (B)(1) or (2) of this section in the order required by	122368
section 5733.98 of the Revised Code. Any credit amount in excess	122369
of the tax due under section 5733.06 of the Revised Code, after	122370
allowing for any other credits that precede the credit under this	122371
section in the order required under section 5733.98 of the Revised	122372
Code, may be carried forward for seven taxable years, but the	122373
amount of the excess credit allowed in any such year shall be	122374
deducted from the balance carried forward to the next year. A	122375
corporation subject to division (G)(2) of section 5733.01 of the	122376
Revised Code may carry forward any credit not fully utilized by	122377
tax year 2008 and apply it against the tax levied by Chapter 5751.	122378
of the Revised Code to the extent allowed under section 5751.51 of	122379
the Revised Code, provided that the total number of taxable years	122380
under this section and calendar years under Chapter 5751. of the	122381
Revised Code for which the credit is carried forward shall not	122382
exceed seven.	122383

(C) In the case of a qualifying controlled group, the credit	122384
allowed under division (B)(1) or (2) of this section to taxpayers	122385
in the qualifying controlled group shall be computed as if all	122386
corporations in the qualifying controlled group were a	122387
consolidated, single taxpayer. For purposes of this division, an	122388
insurance company subject to the tax levied under section 5727.18	122389
or Chapter 5729. of the Revised Code may be considered a member of	122390
a qualifying controlled group by the group, even though the	122391
insurance company is not subject to the tax levied under section	122392
5733.06 of the Revised Code. The credit shall be allocated to such	122393
taxpayers in any amount elected for the taxable year by the	122394
qualifying controlled group. The election shall be revocable and	122395
amendable during the period prescribed by division (B) of section	122396
5733.12 of the Revised Code.	122397

Sec. 5739.01. As used in this chapter:

122398

(A) "Person" includes individuals, receivers, assignees,	122399
trustees in bankruptcy, estates, firms, partnerships,	122400
associations, joint-stock companies, joint ventures, clubs,	122401
societies, corporations, the state and its political subdivisions,	122402
and combinations of individuals of any form.	122403

(B) "Sale" and "selling" include all of the following	122404
transactions for a consideration in any manner, whether absolutely	122405
or conditionally, whether for a price or rental, in money or by	122406
exchange, and by any means whatsoever:	122407

(1) All transactions by which title or possession, or both,	122408
of tangible personal property, is or is to be transferred, or a	122409
license to use or consume tangible personal property is or is to	122410
be granted;	122411

(2) All transactions by which lodging by a hotel is or is to	122412
be furnished to transient guests;	122413

(3) All transactions by which:

122414

(a) An item of tangible personal property is or is to be	122415
repaired, except property, the purchase of which would not be	122416
subject to the tax imposed by section 5739.02 of the Revised Code;	122417

(b) An item of tangible personal property is or is to be	122418
installed, except property, the purchase of which would not be	122419
subject to the tax imposed by section 5739.02 of the Revised Code	122420
or property that is or is to be incorporated into and will become	122421
a part of a production, transmission, transportation, or	122422
distribution system for the delivery of a public utility service;	122423

(c) The service of washing, cleaning, waxing, polishing, or	122424
painting a motor vehicle is or is to be furnished;	122425

(d) Until August 1, 2003, industrial laundry cleaning	122426
services are or are to be provided and, on and after August 1,	122427
2003, laundry and dry cleaning services are or are to be provided;	122428

(e) Automatic data processing, computer services, or	122429
electronic information services are or are to be provided for use	122430
in business when the true object of the transaction is the receipt	122431
by the consumer of automatic data processing, computer services,	122432
or electronic information services rather than the receipt of	122433
personal or professional services to which automatic data	122434
processing, computer services, or electronic information services	122435
are incidental or supplemental. Notwithstanding any other	122436
provision of this chapter, such transactions that occur between	122437
members of an affiliated group are not sales. An "affiliated	122438
group" means two or more persons related in such a way that one	122439
person owns or controls the business operation of another member	122440
of the group. In the case of corporations with stock, one	122441
corporation owns or controls another if it owns more than fifty	122442
per cent of the other corporation's common stock with voting	122443
rights.	122444

(f) Telecommunications service, including prepaid calling	122445
service, prepaid wireless calling service, or ancillary service,	122446
is or is to be provided, but not including coin-operated telephone	122447
service;	122448

(g) Landscaping and lawn care service is or is to be	122449
provided;	122450

(h) Private investigation and security service is or is to be	122451
provided;	122452

(i) Information services or tangible personal property is	122453
provided or ordered by means of a nine hundred telephone call;	122454

(j) Building maintenance and janitorial service is or is to	122455
be provided;	122456

(k) Employment service is or is to be provided;

122457

(l) Employment placement service is or is to be provided;

122458

(m) Exterminating service is or is to be provided;

122459

(n) Physical fitness facility service is or is to be	122460
provided;	122461

(o) Recreation and sports club service is or is to be	122462
provided;	122463

(p) On and after August 1, 2003, satellite broadcasting	122464
service is or is to be provided;	122465

(q) On and after August 1, 2003, personal care service is or	122466
is to be provided to an individual. As used in this division,	122467
"personal care service" includes skin care, the application of	122468
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	122469
piercing, tanning, massage, and other similar services. "Personal	122470
care service" does not include a service provided by or on the	122471
order of a licensed physician or licensed chiropractor, or the	122472
cutting, coloring, or styling of an individual's hair.	122473

(r) On and after August 1, 2003, the transportation of	122474
persons by motor vehicle or aircraft is or is to be provided, when	122475
the transportation is entirely within this state, except for	122476
transportation provided by an ambulance service, by a transit bus,	122477
as defined in section 5735.01 of the Revised Code, and	122478
transportation provided by a citizen of the United States holding	122479
a certificate of public convenience and necessity issued under 49	122480
U.S.C. 41102;	122481

(s) On and after August 1, 2003, motor vehicle towing service	122482
is or is to be provided. As used in this division, "motor vehicle	122483
towing service" means the towing or conveyance of a wrecked,	122484
disabled, or illegally parked motor vehicle.	122485

(t) On and after August 1, 2003, snow removal service is or	122486
is to be provided. As used in this division, "snow removal	122487
service" means the removal of snow by any mechanized means, but	122488
does not include the providing of such service by a person that	122489
has less than five thousand dollars in sales of such service	122490
during the calendar year.	122491

(u) Electronic publishing service is or is to be provided to	122492
a consumer for use in business, except that such transactions	122493
occurring between members of an affiliated group, as defined in	122494
division (B)(3)(e) of this section, are not sales.	122495

(4) All transactions by which printed, imprinted,	122496
overprinted, lithographic, multilithic, blueprinted, photostatic,	122497
or other productions or reproductions of written or graphic matter	122498
are or are to be furnished or transferred;	122499

(5) The production or fabrication of tangible personal	122500
property for a consideration for consumers who furnish either	122501
directly or indirectly the materials used in the production of	122502
fabrication work; and include the furnishing, preparing, or	122503
serving for a consideration of any tangible personal property	122504
consumed on the premises of the person furnishing, preparing, or	122505
serving such tangible personal property. Except as provided in	122506
section 5739.03 of the Revised Code, a construction contract	122507
pursuant to which tangible personal property is or is to be	122508
incorporated into a structure or improvement on and becoming a	122509
part of real property is not a sale of such tangible personal	122510
property. The construction contractor is the consumer of such	122511
tangible personal property, provided that the sale and	122512
installation of carpeting, the sale and installation of	122513
agricultural land tile, the sale and erection or installation of	122514
portable grain bins, or the provision of landscaping and lawn care	122515
service and the transfer of property as part of such service is	122516
never a construction contract.	122517

As used in division (B)(5) of this section:

122518

(a) "Agricultural land tile" means fired clay or concrete	122519
tile, or flexible or rigid perforated plastic pipe or tubing,	122520
incorporated or to be incorporated into a subsurface drainage	122521
system appurtenant to land used or to be used ~~directly~~primarily	122522
in production by farming, agriculture, horticulture, or	122523
floriculture. The term does not include such materials when they	122524
are or are to be incorporated into a drainage system appurtenant	122525
to a building or structure even if the building or structure is	122526
used or to be used in such production.	122527

(b) "Portable grain bin" means a structure that is used or to	122528
be used by a person engaged in farming or agriculture to shelter	122529
the person's grain and that is designed to be disassembled without	122530
significant damage to its component parts.	122531

(6) All transactions in which all of the shares of stock of a	122532
closely held corporation are transferred, if the corporation is	122533
not engaging in business and its entire assets consist of boats,	122534
planes, motor vehicles, or other tangible personal property	122535
operated primarily for the use and enjoyment of the shareholders;	122536

(7) All transactions in which a warranty, maintenance or	122537
service contract, or similar agreement by which the vendor of the	122538
warranty, contract, or agreement agrees to repair or maintain the	122539
tangible personal property of the consumer is or is to be	122540
provided;	122541

(8) The transfer of copyrighted motion picture films used	122542
solely for advertising purposes, except that the transfer of such	122543
films for exhibition purposes is not a sale;	122544

(9) On and after August 1, 2003, all transactions by which	122545
tangible personal property is or is to be stored, except such	122546
property that the consumer of the storage holds for sale in the	122547
regular course of business;	122548

(10) All transactions in which "guaranteed auto protection"	122549
is provided whereby a person promises to pay to the consumer the	122550
difference between the amount the consumer receives from motor	122551
vehicle insurance and the amount the consumer owes to a person	122552
holding title to or a lien on the consumer's motor vehicle in the	122553
event the consumer's motor vehicle suffers a total loss under the	122554
terms of the motor vehicle insurance policy or is stolen and not	122555
recovered, if the protection and its price are included in the	122556
purchase or lease agreement;	122557

(11)(a) Except as provided in division (B)(11)(b) of this	122558
section, on and after October 1, 2009, all transactions by which	122559
health care services are paid for, reimbursed, provided,	122560
delivered, arranged for, or otherwise made available by a medicaid	122561
health insuring corporation pursuant to the corporation's contract	122562
with the state.	122563

(b) If the centers for medicare and medicaid services of the	122564
United States department of health and human services determines	122565
that the taxation of transactions described in division (B)(11)(a)	122566
of this section constitutes an impermissible health care-related	122567
tax under section 1903(w) of the "Social Security Act," 49 Stat.	122568
620 (1935), 42 U.S.C. 1396b(w), as amended, and regulations	122569
adopted thereunder, the director of job and family services shall	122570
notify the tax commissioner of that determination. Beginning with	122571
the first day of the month following that notification, the	122572
transactions described in division (B)(11)(a) of this section are	122573
not sales for the purposes of this chapter or Chapter 5741. of the	122574
Revised Code. The tax commissioner shall order that the collection	122575
of taxes under sections 5739.02, 5739.021, 5739.023, 5739.026,	122576
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code	122577
shall cease for transactions occurring on or after that date.	122578

Except as provided in this section, "sale" and "selling" do	122579
not include transfers of interest in leased property where the	122580
original lessee and the terms of the original lease agreement	122581
remain unchanged, or professional, insurance, or personal service	122582
transactions that involve the transfer of tangible personal	122583
property as an inconsequential element, for which no separate	122584
charges are made.	122585

(C) "Vendor" means the person providing the service or by	122586
whom the transfer effected or license given by a sale is or is to	122587
be made or given and, for sales described in division (B)(3)(i) of	122588
this section, the telecommunications service vendor that provides	122589
the nine hundred telephone service; if two or more persons are	122590
engaged in business at the same place of business under a single	122591
trade name in which all collections on account of sales by each	122592
are made, such persons shall constitute a single vendor.	122593

Physicians, dentists, hospitals, and veterinarians who are	122594
engaged in selling tangible personal property as received from	122595
others, such as eyeglasses, mouthwashes, dentifrices, or similar	122596
articles, are vendors. Veterinarians who are engaged in	122597
transferring to others for a consideration drugs, the dispensing	122598
of which does not require an order of a licensed veterinarian or	122599
physician under federal law, are vendors.	122600

(D)(1) "Consumer" means the person for whom the service is	122601
provided, to whom the transfer effected or license given by a sale	122602
is or is to be made or given, to whom the service described in	122603
division (B)(3)(f) or (i) of this section is charged, or to whom	122604
the admission is granted.	122605

(2) Physicians, dentists, hospitals, and blood banks operated	122606
by nonprofit institutions and persons licensed to practice	122607
veterinary medicine, surgery, and dentistry are consumers of all	122608
tangible personal property and services purchased by them in	122609
connection with the practice of medicine, dentistry, the rendition	122610
of hospital or blood bank service, or the practice of veterinary	122611
medicine, surgery, and dentistry. In addition to being consumers	122612
of drugs administered by them or by their assistants according to	122613
their direction, veterinarians also are consumers of drugs that	122614
under federal law may be dispensed only by or upon the order of a	122615
licensed veterinarian or physician, when transferred by them to	122616
others for a consideration to provide treatment to animals as	122617
directed by the veterinarian.	122618

(3) A person who performs a facility management, or similar	122619
service contract for a contractee is a consumer of all tangible	122620
personal property and services purchased for use in connection	122621
with the performance of such contract, regardless of whether title	122622
to any such property vests in the contractee. The purchase of such	122623
property and services is not subject to the exception for resale	122624
under division (E)(1) of this section.	122625

(4)(a) In the case of a person who purchases printed matter	122626
for the purpose of distributing it or having it distributed to the	122627
public or to a designated segment of the public, free of charge,	122628
that person is the consumer of that printed matter, and the	122629
purchase of that printed matter for that purpose is a sale.	122630

(b) In the case of a person who produces, rather than	122631
purchases, printed matter for the purpose of distributing it or	122632
having it distributed to the public or to a designated segment of	122633
the public, free of charge, that person is the consumer of all	122634
tangible personal property and services purchased for use or	122635
consumption in the production of that printed matter. That person	122636
is not entitled to claim exemption under division (B)(42)(f) of	122637
section 5739.02 of the Revised Code for any material incorporated	122638
into the printed matter or any equipment, supplies, or services	122639
primarily used to produce the printed matter.	122640

(c) The distribution of printed matter to the public or to a	122641
designated segment of the public, free of charge, is not a sale to	122642
the members of the public to whom the printed matter is	122643
distributed or to any persons who purchase space in the printed	122644
matter for advertising or other purposes.	122645

(5) A person who makes sales of any of the services listed in	122646
division (B)(3) of this section is the consumer of any tangible	122647
personal property used in performing the service. The purchase of	122648
that property is not subject to the resale exception under	122649
division (E)(1) of this section.	122650

(6) A person who engages in highway transportation for hire	122651
is the consumer of all packaging materials purchased by that	122652
person and used in performing the service, except for packaging	122653
materials sold by such person in a transaction separate from the	122654
service.	122655

(7) In the case of a transaction for health care services	122656
under division (B)(11) of this section, a medicaid health insuring	122657
corporation is the consumer of such services. The purchase of such	122658
services by a medicaid health insuring corporation is not subject	122659
to the exception for resale under division (E)(1) of this section	122660
or to the exemptions provided under divisions (B)(12), (18), (19),	122661
and (22) of section 5739.02 of the Revised Code.	122662

(E) "Retail sale" and "sales at retail" include all sales,	122663
except those in which the purpose of the consumer is to resell the	122664
thing transferred or benefit of the service provided, by a person	122665
engaging in business, in the form in which the same is, or is to	122666
be, received by the person.	122667

(F) "Business" includes any activity engaged in by any person	122668
with the object of gain, benefit, or advantage, either direct or	122669
indirect. "Business" does not include the activity of a person in	122670
managing and investing the person's own funds.	122671

(G) "Engaging in business" means commencing, conducting, or	122672
continuing in business, and liquidating a business when the	122673
liquidator thereof holds itself out to the public as conducting	122674
such business. Making a casual sale is not engaging in business.	122675

(H)(1)(a) "Price," except as provided in divisions (H)(2),	122676
(3), and (4) of this section, means the total amount of	122677
consideration, including cash, credit, property, and services, for	122678
which tangible personal property or services are sold, leased, or	122679
rented, valued in money, whether received in money or otherwise,	122680
without any deduction for any of the following:	122681

(i) The vendor's cost of the property sold;

122682

(ii) The cost of materials used, labor or service costs,	122683
interest, losses, all costs of transportation to the vendor, all	122684
taxes imposed on the vendor, including the tax imposed under	122685
Chapter 5751. of the Revised Code, and any other expense of the	122686
vendor;	122687

(iii) Charges by the vendor for any services necessary to	122688
complete the sale;	122689

(iv) On and after August 1, 2003, delivery charges. As used	122690
in this division, "delivery charges" means charges by the vendor	122691
for preparation and delivery to a location designated by the	122692
consumer of tangible personal property or a service, including	122693
transportation, shipping, postage, handling, crating, and packing.	122694

(v) Installation charges;

122695

(vi) Credit for any trade-in.

122696

(b) "Price" includes consideration received by the vendor	122697
from a third party, if the vendor actually receives the	122698
consideration from a party other than the consumer, and the	122699
consideration is directly related to a price reduction or discount	122700
on the sale; the vendor has an obligation to pass the price	122701
reduction or discount through to the consumer; the amount of the	122702
consideration attributable to the sale is fixed and determinable	122703
by the vendor at the time of the sale of the item to the consumer;	122704
and one of the following criteria is met:	122705

(i) The consumer presents a coupon, certificate, or other	122706
document to the vendor to claim a price reduction or discount	122707
where the coupon, certificate, or document is authorized,	122708
distributed, or granted by a third party with the understanding	122709
that the third party will reimburse any vendor to whom the coupon,	122710
certificate, or document is presented;	122711

(ii) The consumer identifies the consumer's self to the	122712
seller as a member of a group or organization entitled to a price	122713
reduction or discount. A preferred customer card that is available	122714
to any patron does not constitute membership in such a group or	122715
organization.	122716

(iii) The price reduction or discount is identified as a	122717
third party price reduction or discount on the invoice received by	122718
the consumer, or on a coupon, certificate, or other document	122719
presented by the consumer.	122720

122721

(i) Discounts, including cash, term, or coupons that are not	122722
reimbursed by a third party that are allowed by a vendor and taken	122723
by a consumer on a sale;	122724

(ii) Interest, financing, and carrying charges from credit	122725
extended on the sale of tangible personal property or services, if	122726
the amount is separately stated on the invoice, bill of sale, or	122727
similar document given to the purchaser;	122728

(iii) Any taxes legally imposed directly on the consumer that	122729
are separately stated on the invoice, bill of sale, or similar	122730
document given to the consumer. For the purpose of this division,	122731
the tax imposed under Chapter 5751. of the Revised Code is not a	122732
tax directly on the consumer, even if the tax or a portion thereof	122733
is separately stated.	122734

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	122735
section, any discount allowed by an automobile manufacturer to its	122736
employee, or to the employee of a supplier, on the purchase of a	122737
new motor vehicle from a new motor vehicle dealer in this state.	122738

(v) The dollar value of a gift card that is not sold by a	122739
vendor or purchased by a consumer and that is redeemed by the	122740
consumer in purchasing tangible personal property or services if	122741
the vendor is not reimbursed and does not receive compensation	122742
from a third party to cover all or part of the gift card value.	122743
For the purposes of this division, a gift card is not sold by a	122744
vendor or purchased by a consumer if it is distributed pursuant to	122745
an awards, loyalty, or promotional program. Past and present	122746
purchases of tangible personal property or services by the	122747
consumer shall not be treated as consideration exchanged for a	122748
gift card.	122749

(2) In the case of a sale of any new motor vehicle by a new	122750
motor vehicle dealer, as defined in section 4517.01 of the Revised	122751
Code, in which another motor vehicle is accepted by the dealer as	122752
part of the consideration received, "price" has the same meaning	122753
as in division (H)(1) of this section, reduced by the credit	122754
afforded the consumer by the dealer for the motor vehicle received	122755
in trade.	122756

(3) In the case of a sale of any watercraft or outboard motor	122757
by a watercraft dealer licensed in accordance with section	122758
1547.543 of the Revised Code, in which another watercraft,	122759
watercraft and trailer, or outboard motor is accepted by the	122760
dealer as part of the consideration received, "price" has the same	122761
meaning as in division (H)(1) of this section, reduced by the	122762
credit afforded the consumer by the dealer for the watercraft,	122763
watercraft and trailer, or outboard motor received in trade. As	122764
used in this division, "watercraft" includes an outdrive unit	122765
attached to the watercraft.	122766

(4) In the case of transactions for health care services	122767
under division (B)(11) of this section, "price" means the amount	122768
of managed care premiums received each month by a medicaid health	122769
insuring corporation.	122770

(I) "Receipts" means the total amount of the prices of the	122771
sales of vendors, provided that the dollar value of gift cards	122772
distributed pursuant to an awards, loyalty, or promotional	122773
program, and cash discounts allowed and taken on sales at the time	122774
they are consummated are not included, minus any amount deducted	122775
as a bad debt pursuant to section 5739.121 of the Revised Code.	122776
"Receipts" does not include the sale price of property returned or	122777
services rejected by consumers when the full sale price and tax	122778
are refunded either in cash or by credit.	122779

(J) "Place of business" means any location at which a person	122780
engages in business.	122781

(K) "Premises" includes any real property or portion thereof	122782
upon which any person engages in selling tangible personal	122783
property at retail or making retail sales and also includes any	122784
real property or portion thereof designated for, or devoted to,	122785
use in conjunction with the business engaged in by such person.	122786

(L) "Casual sale" means a sale of an item of tangible	122787
personal property that was obtained by the person making the sale,	122788
through purchase or otherwise, for the person's own use and was	122789
previously subject to any state's taxing jurisdiction on its sale	122790
or use, and includes such items acquired for the seller's use that	122791
are sold by an auctioneer employed directly by the person for such	122792
purpose, provided the location of such sales is not the	122793
auctioneer's permanent place of business. As used in this	122794
division, "permanent place of business" includes any location	122795
where such auctioneer has conducted more than two auctions during	122796
the year.	122797

(M) "Hotel" means every establishment kept, used, maintained,	122798
advertised, or held out to the public to be a place where sleeping	122799
accommodations are offered to guests, in which five or more rooms	122800
are used for the accommodation of such guests, whether the rooms	122801
are in one or several structures, except as otherwise provided in	122802
division (G) of section 5739.09 of the Revised Code.	122803

(N) "Transient guests" means persons occupying a room or	122804
rooms for sleeping accommodations for less than thirty consecutive	122805
days.	122806

(O) "Making retail sales" means the effecting of transactions	122807
wherein one party is obligated to pay the price and the other	122808
party is obligated to provide a service or to transfer title to or	122809
possession of the item sold. "Making retail sales" does not	122810
include the preliminary acts of promoting or soliciting the retail	122811
sales, other than the distribution of printed matter which	122812
displays or describes and prices the item offered for sale, nor	122813
does it include delivery of a predetermined quantity of tangible	122814
personal property or transportation of property or personnel to or	122815
from a place where a service is performed, regardless of whether	122816
the vendor is a delivery vendor.	122817

(P) "Used directly in the rendition of a public utility	122818
service" means that property that is to be incorporated into and	122819
will become a part of the consumer's production, transmission,	122820
transportation, or distribution system and that retains its	122821
classification as tangible personal property after such	122822
incorporation; fuel or power used in the production, transmission,	122823
transportation, or distribution system; and tangible personal	122824
property used in the repair and maintenance of the production,	122825
transmission, transportation, or distribution system, including	122826
only such motor vehicles as are specially designed and equipped	122827
for such use. Tangible personal property and services used	122828
primarily in providing highway transportation for hire are not	122829
used directly in the rendition of a public utility service. In	122830
this definition, "public utility" includes a citizen of the United	122831
States holding, and required to hold, a certificate of public	122832
convenience and necessity issued under 49 U.S.C. 41102.	122833

(Q) "Refining" means removing or separating a desirable	122834
product from raw or contaminated materials by distillation or	122835
physical, mechanical, or chemical processes.	122836

(R) "Assembly" and "assembling" mean attaching or fitting	122837
together parts to form a product, but do not include packaging a	122838
product.	122839

(S) "Manufacturing operation" means a process in which	122840
materials are changed, converted, or transformed into a different	122841
state or form from which they previously existed and includes	122842
refining materials, assembling parts, and preparing raw materials	122843
and parts by mixing, measuring, blending, or otherwise committing	122844
such materials or parts to the manufacturing process.	122845
"Manufacturing operation" does not include packaging.	122846

(T) "Fiscal officer" means, with respect to a regional	122847
transit authority, the secretary-treasurer thereof, and with	122848
respect to a county that is a transit authority, the fiscal	122849
officer of the county transit board if one is appointed pursuant	122850
to section 306.03 of the Revised Code or the county auditor if the	122851
board of county commissioners operates the county transit system.	122852

(U) "Transit authority" means a regional transit authority	122853
created pursuant to section 306.31 of the Revised Code or a county	122854
in which a county transit system is created pursuant to section	122855
306.01 of the Revised Code. For the purposes of this chapter, a	122856
transit authority must extend to at least the entire area of a	122857
single county. A transit authority that includes territory in more	122858
than one county must include all the area of the most populous	122859
county that is a part of such transit authority. County population	122860
shall be measured by the most recent census taken by the United	122861
States census bureau.	122862

(V) "Legislative authority" means, with respect to a regional	122863
transit authority, the board of trustees thereof, and with respect	122864
to a county that is a transit authority, the board of county	122865
commissioners.	122866

(W) "Territory of the transit authority" means all of the	122867
area included within the territorial boundaries of a transit	122868
authority as they from time to time exist. Such territorial	122869
boundaries must at all times include all the area of a single	122870
county or all the area of the most populous county that is a part	122871
of such transit authority. County population shall be measured by	122872
the most recent census taken by the United States census bureau.	122873

(X) "Providing a service" means providing or furnishing	122874
anything described in division (B)(3) of this section for	122875
consideration.	122876

(Y)(1)(a) "Automatic data processing" means processing of	122877
others' data, including keypunching or similar data entry services	122878
together with verification thereof, or providing access to	122879
computer equipment for the purpose of processing data.	122880

(b) "Computer services" means providing services consisting	122881
of specifying computer hardware configurations and evaluating	122882
technical processing characteristics, computer programming, and	122883
training of computer programmers and operators, provided in	122884
conjunction with and to support the sale, lease, or operation of	122885
taxable computer equipment or systems.	122886

(c) "Electronic information services" means providing access	122887
to computer equipment by means of telecommunications equipment for	122888
the purpose of either of the following:	122889

(i) Examining or acquiring data stored in or accessible to	122890
the computer equipment;	122891

(ii) Placing data into the computer equipment to be retrieved	122892
by designated recipients with access to the computer equipment.	122893

For transactions occurring on or after the effective date of	122894
the amendment of this section by H.B. 157 of the 127th general	122895
assembly, December 21, 2007, "electronic information services"	122896
does not include electronic publishing as defined in division	122897
(LLL) of this section.	122898

(d) "Automatic data processing, computer services, or	122899
electronic information services" shall not include personal or	122900
professional services.	122901

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	122902
section, "personal and professional services" means all services	122903
other than automatic data processing, computer services, or	122904
electronic information services, including but not limited to:	122905

(a) Accounting and legal services such as advice on tax	122906
matters, asset management, budgetary matters, quality control,	122907
information security, and auditing and any other situation where	122908
the service provider receives data or information and studies,	122909
alters, analyzes, interprets, or adjusts such material;	122910

(b) Analyzing business policies and procedures;

122911

122912

(d) Feasibility studies, including economic and technical	122913
analysis of existing or potential computer hardware or software	122914
needs and alternatives;	122915

(e) Designing policies, procedures, and custom software for	122916
collecting business information, and determining how data should	122917
be summarized, sequenced, formatted, processed, controlled, and	122918
reported so that it will be meaningful to management;	122919

(f) Developing policies and procedures that document how	122920
business events and transactions are to be authorized, executed,	122921
and controlled;	122922

(g) Testing of business procedures;

122923

(h) Training personnel in business procedure applications;

122924

(i) Providing credit information to users of such information	122925
by a consumer reporting agency, as defined in the "Fair Credit	122926
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	122927
as hereafter amended, including but not limited to gathering,	122928
organizing, analyzing, recording, and furnishing such information	122929
by any oral, written, graphic, or electronic medium;	122930

(j) Providing debt collection services by any oral, written,	122931
graphic, or electronic means.	122932

The services listed in divisions (Y)(2)(a) to (j) of this	122933
section are not automatic data processing or computer services.	122934

(Z) "Highway transportation for hire" means the	122935
transportation of personal property belonging to others for	122936
consideration by any of the following:	122937

(1) The holder of a permit or certificate issued by this	122938
state or the United States authorizing the holder to engage in	122939
transportation of personal property belonging to others for	122940
consideration over or on highways, roadways, streets, or any	122941
similar public thoroughfare;	122942

(2) A person who engages in the transportation of personal	122943
property belonging to others for consideration over or on	122944
highways, roadways, streets, or any similar public thoroughfare	122945
but who could not have engaged in such transportation on December	122946
11, 1985, unless the person was the holder of a permit or	122947
certificate of the types described in division (Z)(1) of this	122948
section;	122949

(3) A person who leases a motor vehicle to and operates it	122950
for a person described by division (Z)(1) or (2) of this section.	122951

(AA)(1) "Telecommunications service" means the electronic	122952
transmission, conveyance, or routing of voice, data, audio, video,	122953
or any other information or signals to a point, or between or	122954
among points. "Telecommunications service" includes such	122955
transmission, conveyance, or routing in which computer processing	122956
applications are used to act on the form, code, or protocol of the	122957
content for purposes of transmission, conveyance, or routing	122958
without regard to whether the service is referred to as voice-over	122959
internet protocol service or is classified by the federal	122960
communications commission as enhanced or value-added.	122961
"Telecommunications service" does not include any of the	122962
following:	122963

(a) Data processing and information services that allow data	122964
to be generated, acquired, stored, processed, or retrieved and	122965
delivered by an electronic transmission to a consumer where the	122966
consumer's primary purpose for the underlying transaction is the	122967
processed data or information;	122968

(b) Installation or maintenance of wiring or equipment on a	122969
customer's premises;	122970

122971

(d) Advertising, including directory advertising;

122972

(e) Billing and collection services provided to third	122973
parties;	122974

(f) Internet access service;

122975

(g) Radio and television audio and video programming	122976
services, regardless of the medium, including the furnishing of	122977
transmission, conveyance, and routing of such services by the	122978
programming service provider. Radio and television audio and video	122979
programming services include, but are not limited to, cable	122980
service, as defined in 47 U.S.C. 522(6), and audio and video	122981
programming services delivered by commercial mobile radio service	122982
providers, as defined in 47 C.F.R. 20.3;	122983

(h) Ancillary service;

122984

(i) Digital products delivered electronically, including	122985
software, music, video, reading materials, or ring tones.	122986

(2) "Ancillary service" means a service that is associated	122987
with or incidental to the provision of telecommunications service,	122988
including conference bridging service, detailed telecommunications	122989
billing service, directory assistance, vertical service, and voice	122990
mail service. As used in this division:	122991

(a) "Conference bridging service" means an ancillary service	122992
that links two or more participants of an audio or video	122993
conference call, including providing a telephone number.	122994
"Conference bridging service" does not include telecommunications	122995
services used to reach the conference bridge.	122996

(b) "Detailed telecommunications billing service" means an	122997
ancillary service of separately stating information pertaining to	122998
individual calls on a customer's billing statement.	122999

(c) "Directory assistance" means an ancillary service of	123000
providing telephone number or address information.	123001

(d) "Vertical service" means an ancillary service that is	123002
offered in connection with one or more telecommunications	123003
services, which offers advanced calling features that allow	123004
customers to identify callers and manage multiple calls and call	123005
connections, including conference bridging service.	123006

(e) "Voice mail service" means an ancillary service that	123007
enables the customer to store, send, or receive recorded messages.	123008
"Voice mail service" does not include any vertical services that	123009
the customer may be required to have in order to utilize the voice	123010
mail service.	123011

(3) "900 service" means an inbound toll telecommunications	123012
service purchased by a subscriber that allows the subscriber's	123013
customers to call in to the subscriber's prerecorded announcement	123014
or live service, and which is typically marketed under the name	123015
"900" service and any subsequent numbers designated by the federal	123016
communications commission. "900 service" does not include the	123017
charge for collection services provided by the seller of the	123018
telecommunications service to the subscriber, or services or	123019
products sold by the subscriber to the subscriber's customer.	123020

(4) "Prepaid calling service" means the right to access	123021
exclusively telecommunications services, which must be paid for in	123022
advance and which enables the origination of calls using an access	123023
number or authorization code, whether manually or electronically	123024
dialed, and that is sold in predetermined units of dollars of	123025
which the number declines with use in a known amount.	123026

(5) "Prepaid wireless calling service" means a	123027
telecommunications service that provides the right to utilize	123028
mobile telecommunications service as well as other	123029
non-telecommunications services, including the download of digital	123030
products delivered electronically, and content and ancillary	123031
services, that must be paid for in advance and that is sold in	123032
predetermined units of dollars of which the number declines with	123033
use in a known amount.	123034

(6) "Value-added non-voice data service" means a	123035
telecommunications service in which computer processing	123036
applications are used to act on the form, content, code, or	123037
protocol of the information or data primarily for a purpose other	123038
than transmission, conveyance, or routing.	123039

(7) "Coin-operated telephone service" means a	123040
telecommunications service paid for by inserting money into a	123041
telephone accepting direct deposits of money to operate.	123042

(8) "Customer" has the same meaning as in section 5739.034 of	123043
the Revised Code.	123044

(BB) "Laundry and dry cleaning services" means removing soil	123045
or dirt from towels, linens, articles of clothing, or other fabric	123046
items that belong to others and supplying towels, linens, articles	123047
of clothing, or other fabric items. "Laundry and dry cleaning	123048
services" does not include the provision of self-service	123049
facilities for use by consumers to remove soil or dirt from	123050
towels, linens, articles of clothing, or other fabric items.	123051

(CC) "Magazines distributed as controlled circulation	123052
publications" means magazines containing at least twenty-four	123053
pages, at least twenty-five per cent editorial content, issued at	123054
regular intervals four or more times a year, and circulated	123055
without charge to the recipient, provided that such magazines are	123056
not owned or controlled by individuals or business concerns which	123057
conduct such publications as an auxiliary to, and essentially for	123058
the advancement of the main business or calling of, those who own	123059
or control them.	123060

(DD) "Landscaping and lawn care service" means the services	123061
of planting, seeding, sodding, removing, cutting, trimming,	123062
pruning, mulching, aerating, applying chemicals, watering,	123063
fertilizing, and providing similar services to establish, promote,	123064
or control the growth of trees, shrubs, flowers, grass, ground	123065
cover, and other flora, or otherwise maintaining a lawn or	123066
landscape grown or maintained by the owner for ornamentation or	123067
other nonagricultural purpose. However, "landscaping and lawn care	123068
service" does not include the providing of such services by a	123069
person who has less than five thousand dollars in sales of such	123070
services during the calendar year.	123071

(EE) "Private investigation and security service" means the	123072
performance of any activity for which the provider of such service	123073
is required to be licensed pursuant to Chapter 4749. of the	123074
Revised Code, or would be required to be so licensed in performing	123075
such services in this state, and also includes the services of	123076
conducting polygraph examinations and of monitoring or overseeing	123077
the activities on or in, or the condition of, the consumer's home,	123078
business, or other facility by means of electronic or similar	123079
monitoring devices. "Private investigation and security service"	123080
does not include special duty services provided by off-duty police	123081
officers, deputy sheriffs, and other peace officers regularly	123082
employed by the state or a political subdivision.	123083

(FF) "Information services" means providing conversation,	123084
giving consultation or advice, playing or making a voice or other	123085
recording, making or keeping a record of the number of callers,	123086
and any other service provided to a consumer by means of a nine	123087
hundred telephone call, except when the nine hundred telephone	123088
call is the means by which the consumer makes a contribution to a	123089
recognized charity.	123090

(GG) "Research and development" means designing, creating, or	123091
formulating new or enhanced products, equipment, or manufacturing	123092
processes, and also means conducting scientific or technological	123093
inquiry and experimentation in the physical sciences with the goal	123094
of increasing scientific knowledge which may reveal the bases for	123095
new or enhanced products, equipment, or manufacturing processes.	123096

(HH) "Qualified research and development equipment" means	123097
capitalized tangible personal property, and leased personal	123098
property that would be capitalized if purchased, used by a person	123099
primarily to perform research and development. Tangible personal	123100
property primarily used in testing, as defined in division (A)(4)	123101
of section 5739.011 of the Revised Code, or used for recording or	123102
storing test results, is not qualified research and development	123103
equipment unless such property is primarily used by the consumer	123104
in testing the product, equipment, or manufacturing process being	123105
created, designed, or formulated by the consumer in the research	123106
and development activity or in recording or storing such test	123107
results.	123108

(II) "Building maintenance and janitorial service" means	123109
cleaning the interior or exterior of a building and any tangible	123110
personal property located therein or thereon, including any	123111
services incidental to such cleaning for which no separate charge	123112
is made. However, "building maintenance and janitorial service"	123113
does not include the providing of such service by a person who has	123114
less than five thousand dollars in sales of such service during	123115
the calendar year.	123116

(JJ) "Employment service" means providing or supplying	123117
personnel, on a temporary or long-term basis, to perform work or	123118
labor under the supervision or control of another, when the	123119
personnel so provided or supplied receive their wages, salary, or	123120
other compensation from the provider or supplier of the employment	123121
service or from a third party that provided or supplied the	123122
personnel to the provider or supplier. "Employment service" does	123123
not include:	123124

(1) Acting as a contractor or subcontractor, where the	123125
personnel performing the work are not under the direct control of	123126
the purchaser.	123127

(2) Medical and health care services.

123128

(3) Supplying personnel to a purchaser pursuant to a contract	123129
of at least one year between the service provider and the	123130
purchaser that specifies that each employee covered under the	123131
contract is assigned to the purchaser on a permanent basis.	123132

(4) Transactions between members of an affiliated group, as	123133
defined in division (B)(3)(e) of this section.	123134

(5) Transactions where the personnel so provided or supplied	123135
by a provider or supplier to a purchaser of an employment service	123136
are then provided or supplied by that purchaser to a third party	123137
as an employment service, except "employment service" does include	123138
the transaction between that purchaser and the third party.	123139

(KK) "Employment placement service" means locating or finding	123140
employment for a person or finding or locating an employee to fill	123141
an available position.	123142

(LL) "Exterminating service" means eradicating or attempting	123143
to eradicate vermin infestations from a building or structure, or	123144
the area surrounding a building or structure, and includes	123145
activities to inspect, detect, or prevent vermin infestation of a	123146
building or structure.	123147

(MM) "Physical fitness facility service" means all	123148
transactions by which a membership is granted, maintained, or	123149
renewed, including initiation fees, membership dues, renewal fees,	123150
monthly minimum fees, and other similar fees and dues, by a	123151
physical fitness facility such as an athletic club, health spa, or	123152
gymnasium, which entitles the member to use the facility for	123153
physical exercise.	123154

(NN) "Recreation and sports club service" means all	123155
transactions by which a membership is granted, maintained, or	123156
renewed, including initiation fees, membership dues, renewal fees,	123157
monthly minimum fees, and other similar fees and dues, by a	123158
recreation and sports club, which entitles the member to use the	123159
facilities of the organization. "Recreation and sports club" means	123160
an organization that has ownership of, or controls or leases on a	123161
continuing, long-term basis, the facilities used by its members	123162
and includes an aviation club, gun or shooting club, yacht club,	123163
card club, swimming club, tennis club, golf club, country club,	123164
riding club, amateur sports club, or similar organization.	123165

(OO) "Livestock" means farm animals commonly raised for food	123166
or, food production, ~~and includes~~or other agricultural purposes,	123167
including, but is not limited to, cattle, sheep, goats, swine, ~~and~~	123168
poultry, and captive deer. "Livestock" does not include	123169
invertebrates, ~~fish,~~ amphibians, reptiles, ~~horses,~~ domestic pets,	123170
animals for use in laboratories or for exhibition, or other	123171
animals not commonly raised for food or food production.	123172

(PP) "Livestock structure" means a building or structure used	123173
exclusively for the housing, raising, feeding, or sheltering of	123174
livestock, and includes feed storage or handling structures and	123175
structures for livestock waste handling.	123176

(QQ) "Horticulture" means the growing, cultivation, and	123177
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	123178
and nursery stock. As used in this division, "nursery stock" has	123179
the same meaning as in section 927.51 of the Revised Code.	123180

(RR) "Horticulture structure" means a building or structure	123181
used exclusively for the commercial growing, raising, or	123182
overwintering of horticultural products, and includes the area	123183
used for stocking, storing, and packing horticultural products	123184
when done in conjunction with the production of those products.	123185

(SS) "Newspaper" means an unbound publication bearing a title	123186
or name that is regularly published, at least as frequently as	123187
biweekly, and distributed from a fixed place of business to the	123188
public in a specific geographic area, and that contains a	123189
substantial amount of news matter of international, national, or	123190
local events of interest to the general public.	123191

(TT) "Professional racing team" means a person that employs	123192
at least twenty full-time employees for the purpose of conducting	123193
a motor vehicle racing business for profit. The person must	123194
conduct the business with the purpose of racing one or more motor	123195
racing vehicles in at least ten competitive professional racing	123196
events each year that comprise all or part of a motor racing	123197
series sanctioned by one or more motor racing sanctioning	123198
organizations. A "motor racing vehicle" means a vehicle for which	123199
the chassis, engine, and parts are designed exclusively for motor	123200
racing, and does not include a stock or production model vehicle	123201
that may be modified for use in racing. For the purposes of this	123202
division:	123203

(1) A "competitive professional racing event" is a motor	123204
vehicle racing event sanctioned by one or more motor racing	123205
sanctioning organizations, at which aggregate cash prizes in	123206
excess of eight hundred thousand dollars are awarded to the	123207
competitors.	123208

(2) "Full-time employee" means an individual who is employed	123209
for consideration for thirty-five or more hours a week, or who	123210
renders any other standard of service generally accepted by custom	123211
or specified by contract as full-time employment.	123212

(UU)(1) "Lease" or "rental" means any transfer of the	123213
possession or control of tangible personal property for a fixed or	123214
indefinite term, for consideration. "Lease" or "rental" includes	123215
future options to purchase or extend, and agreements described in	123216
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	123217
the amount of consideration may be increased or decreased by	123218
reference to the amount realized upon the sale or disposition of	123219
the property. "Lease" or "rental" does not include:	123220

(a) A transfer of possession or control of tangible personal	123221
property under a security agreement or a deferred payment plan	123222
that requires the transfer of title upon completion of the	123223
required payments;	123224

(b) A transfer of possession or control of tangible personal	123225
property under an agreement that requires the transfer of title	123226
upon completion of required payments and payment of an option	123227
price that does not exceed the greater of one hundred dollars or	123228
one per cent of the total required payments;	123229

(c) Providing tangible personal property along with an	123230
operator for a fixed or indefinite period of time, if the operator	123231
is necessary for the property to perform as designed. For purposes	123232
of this division, the operator must do more than maintain,	123233
inspect, or set-up the tangible personal property.	123234

(2) "Lease" and "rental," as defined in division (UU) of this	123235
section, shall not apply to leases or rentals that exist before	123236
June 26, 2003.	123237

(3) "Lease" and "rental" have the same meaning as in division	123238
(UU)(1) of this section regardless of whether a transaction is	123239
characterized as a lease or rental under generally accepted	123240
accounting principles, the Internal Revenue Code, Title XIII of	123241
the Revised Code, or other federal, state, or local laws.	123242

(VV) "Mobile telecommunications service" has the same meaning	123243
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	123244
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	123245
on and after August 1, 2003, includes related fees and ancillary	123246
services, including universal service fees, detailed billing	123247
service, directory assistance, service initiation, voice mail	123248
service, and vertical services, such as caller ID and three-way	123249
calling.	123250

(WW) "Certified service provider" has the same meaning as in	123251
section 5740.01 of the Revised Code.	123252

(XX) "Satellite broadcasting service" means the distribution	123253
or broadcasting of programming or services by satellite directly	123254
to the subscriber's receiving equipment without the use of ground	123255
receiving or distribution equipment, except the subscriber's	123256
receiving equipment or equipment used in the uplink process to the	123257
satellite, and includes all service and rental charges, premium	123258
channels or other special services, installation and repair	123259
service charges, and any other charges having any connection with	123260
the provision of the satellite broadcasting service.	123261

(YY) "Tangible personal property" means personal property	123262
that can be seen, weighed, measured, felt, or touched, or that is	123263
in any other manner perceptible to the senses. For purposes of	123264
this chapter and Chapter 5741. of the Revised Code, "tangible	123265
personal property" includes motor vehicles, electricity, water,	123266
gas, steam, and prewritten computer software.	123267

(ZZ) "Direct mail" means printed material delivered or	123268
distributed by United States mail or other delivery service to a	123269
mass audience or to addressees on a mailing list provided by the	123270
consumer or at the direction of the consumer when the cost of the	123271
items are not billed directly to the recipients. "Direct mail"	123272
includes tangible personal property supplied directly or	123273
indirectly by the consumer to the direct mail vendor for inclusion	123274
in the package containing the printed material. "Direct mail" does	123275
not include multiple items of printed material delivered to a	123276
single address.	123277

(AAA) "Computer" means an electronic device that accepts	123278
information in digital or similar form and manipulates it for a	123279
result based on a sequence of instructions.	123280

(BBB) "Computer software" means a set of coded instructions	123281
designed to cause a computer or automatic data processing	123282
equipment to perform a task.	123283

(CCC) "Delivered electronically" means delivery of computer	123284
software from the seller to the purchaser by means other than	123285
tangible storage media.	123286

(DDD) "Prewritten computer software" means computer software,	123287
including prewritten upgrades, that is not designed and developed	123288
by the author or other creator to the specifications of a specific	123289
purchaser. The combining of two or more prewritten computer	123290
software programs or prewritten portions thereof does not cause	123291
the combination to be other than prewritten computer software.	123292
"Prewritten computer software" includes software designed and	123293
developed by the author or other creator to the specifications of	123294
a specific purchaser when it is sold to a person other than the	123295
purchaser. If a person modifies or enhances computer software of	123296
which the person is not the author or creator, the person shall be	123297
deemed to be the author or creator only of such person's	123298
modifications or enhancements. Prewritten computer software or a	123299
prewritten portion thereof that is modified or enhanced to any	123300
degree, where such modification or enhancement is designed and	123301
developed to the specifications of a specific purchaser, remains	123302
prewritten computer software; provided, however, that where there	123303
is a reasonable, separately stated charge or an invoice or other	123304
statement of the price given to the purchaser for the modification	123305
or enhancement, the modification or enhancement shall not	123306
constitute prewritten computer software.	123307

(EEE)(1) "Food" means substances, whether in liquid,	123308
concentrated, solid, frozen, dried, or dehydrated form, that are	123309
sold for ingestion or chewing by humans and are consumed for their	123310
taste or nutritional value. "Food" does not include alcoholic	123311
beverages, dietary supplements, soft drinks, or tobacco.	123312

(2) As used in division (EEE)(1) of this section:

123313

(a) "Alcoholic beverages" means beverages that are suitable	123314
for human consumption and contain one-half of one per cent or more	123315
of alcohol by volume.	123316

(b) "Dietary supplements" means any product, other than	123317
tobacco, that is intended to supplement the diet and that is	123318
intended for ingestion in tablet, capsule, powder, softgel,	123319
gelcap, or liquid form, or, if not intended for ingestion in such	123320
a form, is not represented as conventional food for use as a sole	123321
item of a meal or of the diet; that is required to be labeled as a	123322
dietary supplement, identifiable by the "supplement facts" box	123323
found on the label, as required by 21 C.F.R. 101.36; and that	123324
contains one or more of the following dietary ingredients:	123325

(i) A vitamin;

123326

(ii) A mineral;

123327

(iii) An herb or other botanical;

123328

(iv) An amino acid;

123329

(v) A dietary substance for use by humans to supplement the	123330
diet by increasing the total dietary intake;	123331

(vi) A concentrate, metabolite, constituent, extract, or	123332
combination of any ingredient described in divisions	123333
(EEE)(2)(b)(i) to (v) of this section.	123334

(c) "Soft drinks" means nonalcoholic beverages that contain	123335
natural or artificial sweeteners. "Soft drinks" does not include	123336
beverages that contain milk or milk products, soy, rice, or	123337
similar milk substitutes, or that contains greater than fifty per	123338
cent vegetable or fruit juice by volume.	123339

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	123340
tobacco, or any other item that contains tobacco.	123341

(FFF) "Drug" means a compound, substance, or preparation, and	123342
any component of a compound, substance, or preparation, other than	123343
food, dietary supplements, or alcoholic beverages that is	123344
recognized in the official United States pharmacopoeia, official	123345
homeopathic pharmacopoeia of the United States, or official	123346
national formulary, and supplements to them; is intended for use	123347
in the diagnosis, cure, mitigation, treatment, or prevention of	123348
disease; or is intended to affect the structure or any function of	123349
the body.	123350

(GGG) "Prescription" means an order, formula, or recipe	123351
issued in any form of oral, written, electronic, or other means of	123352
transmission by a duly licensed practitioner authorized by the	123353
laws of this state to issue a prescription.	123354

(HHH) "Durable medical equipment" means equipment, including	123355
repair and replacement parts for such equipment, that can	123356
withstand repeated use, is primarily and customarily used to serve	123357
a medical purpose, generally is not useful to a person in the	123358
absence of illness or injury, and is not worn in or on the body.	123359
"Durable medical equipment" does not include mobility enhancing	123360
equipment.	123361

(III) "Mobility enhancing equipment" means equipment,	123362
including repair and replacement parts for such equipment, that is	123363
primarily and customarily used to provide or increase the ability	123364
to move from one place to another and is appropriate for use	123365
either in a home or a motor vehicle, that is not generally used by	123366
persons with normal mobility, and that does not include any motor	123367
vehicle or equipment on a motor vehicle normally provided by a	123368
motor vehicle manufacturer. "Mobility enhancing equipment" does	123369
not include durable medical equipment.	123370

(JJJ) "Prosthetic device" means a replacement, corrective, or	123371
supportive device, including repair and replacement parts for the	123372
device, worn on or in the human body to artificially replace a	123373
missing portion of the body, prevent or correct physical deformity	123374
or malfunction, or support a weak or deformed portion of the body.	123375
As used in this division, "prosthetic device" does not include	123376
corrective eyeglasses, contact lenses, or dental prosthesis.	123377

(KKK)(1) "Fractional aircraft ownership program" means a	123378
program in which persons within an affiliated group sell and	123379
manage fractional ownership program aircraft, provided that at	123380
least one hundred airworthy aircraft are operated in the program	123381
and the program meets all of the following criteria:	123382

(a) Management services are provided by at least one program	123383
manager within an affiliated group on behalf of the fractional	123384
owners.	123385

(b) Each program aircraft is owned or possessed by at least	123386
one fractional owner.	123387

(c) Each fractional owner owns or possesses at least a	123388
one-sixteenth interest in at least one fixed-wing program	123389
aircraft.	123390

(d) A dry-lease aircraft interchange arrangement is in effect	123391
among all of the fractional owners.	123392

(e) Multi-year program agreements are in effect regarding the	123393
fractional ownership, management services, and dry-lease aircraft	123394
interchange arrangement aspects of the program.	123395

(2) As used in division (KKK)(1) of this section:

123396

(a) "Affiliated group" has the same meaning as in division	123397
(B)(3)(e) of this section.	123398

(b) "Fractional owner" means a person that owns or possesses	123399
at least a one-sixteenth interest in a program aircraft and has	123400
entered into the agreements described in division (KKK)(1)(e) of	123401
this section.	123402

(c) "Fractional ownership program aircraft" or "program	123403
aircraft" means a turbojet aircraft that is owned or possessed by	123404
a fractional owner and that has been included in a dry-lease	123405
aircraft interchange arrangement and agreement under divisions	123406
(KKK)(1)(d) and (e) of this section, or an aircraft a program	123407
manager owns or possesses primarily for use in a fractional	123408
aircraft ownership program.	123409

(d) "Management services" means administrative and aviation	123410
support services furnished under a fractional aircraft ownership	123411
program in accordance with a management services agreement under	123412
division (KKK)(1)(e) of this section, and offered by the program	123413
manager to the fractional owners, including, at a minimum, the	123414
establishment and implementation of safety guidelines; the	123415
coordination of the scheduling of the program aircraft and crews;	123416
program aircraft maintenance; program aircraft insurance; crew	123417
training for crews employed, furnished, or contracted by the	123418
program manager or the fractional owner; the satisfaction of	123419
record-keeping requirements; and the development and use of an	123420
operations manual and a maintenance manual for the fractional	123421
aircraft ownership program.	123422

(e) "Program manager" means the person that offers management	123423
services to fractional owners pursuant to a management services	123424
agreement under division (KKK)(1)(e) of this section.	123425

(LLL) "Electronic publishing" means providing access to one	123426
or more of the following primarily for business customers,	123427
including the federal government or a state government or a	123428
political subdivision thereof, to conduct research: news;	123429
business, financial, legal, consumer, or credit materials;	123430
editorials, columns, reader commentary, or features; photos or	123431
images; archival or research material; legal notices, identity	123432
verification, or public records; scientific, educational,	123433
instructional, technical, professional, trade, or other literary	123434
materials; or other similar information which has been gathered	123435
and made available by the provider to the consumer in an	123436
electronic format. Providing electronic publishing includes the	123437
functions necessary for the acquisition, formatting, editing,	123438
storage, and dissemination of data or information that is the	123439
subject of a sale.	123440

(MMM) "Medicaid health insuring corporation" means a health	123441
insuring corporation that holds a certificate of authority under	123442
Chapter 1751. of the Revised Code and is under contract with the	123443
department of job and family services pursuant to section 5111.17	123444
of the Revised Code.	123445

(NNN) "Managed care premium" means any premium, capitation,	123446
or other payment a medicaid health insuring corporation receives	123447
for providing or arranging for the provision of health care	123448
services to its members or enrollees residing in this state.	123449

(OOO) "Captive deer" means deer and other cervidae that have	123450
been legally acquired, or their offspring, that are privately	123451
owned for agricultural or farming purposes.	123452

(PPP) "Gift card" means a document, card, certificate, or	123453
other record, whether tangible or intangible, that may be redeemed	123454
by a consumer for a dollar value when making a purchase of	123455
tangible personal property or services.	123456

Sec. 5739.02. For the purpose of providing revenue with	123457
which to meet the needs of the state, for the use of the general	123458
revenue fund of the state, for the purpose of securing a thorough	123459
and efficient system of common schools throughout the state, for	123460
the purpose of affording revenues, in addition to those from	123461
general property taxes, permitted under constitutional	123462
limitations, and from other sources, for the support of local	123463
governmental functions, and for the purpose of reimbursing the	123464
state for the expense of administering this chapter, an excise tax	123465
is hereby levied on each retail sale made in this state.	123466

(A)(1) The tax shall be collected as provided in section	123467
5739.025 of the Revised Code. The rate of the tax shall be five	123468
and one-half per cent. The tax applies and is collectible when the	123469
sale is made, regardless of the time when the price is paid or	123470
delivered.	123471

(2) In the case of the lease or rental, with a fixed term of	123472
more than thirty days or an indefinite term with a minimum period	123473
of more than thirty days, of any motor vehicles designed by the	123474
manufacturer to carry a load of not more than one ton, watercraft,	123475
outboard motor, or aircraft, or of any tangible personal property,	123476
other than motor vehicles designed by the manufacturer to carry a	123477
load of more than one ton, to be used by the lessee or renter	123478
primarily for business purposes, the tax shall be collected by the	123479
vendor at the time the lease or rental is consummated and shall be	123480
calculated by the vendor on the basis of the total amount to be	123481
paid by the lessee or renter under the lease agreement. If the	123482
total amount of the consideration for the lease or rental includes	123483
amounts that are not calculated at the time the lease or rental is	123484
executed, the tax shall be calculated and collected by the vendor	123485
at the time such amounts are billed to the lessee or renter. In	123486
the case of an open-end lease or rental, the tax shall be	123487
calculated by the vendor on the basis of the total amount to be	123488
paid during the initial fixed term of the lease or rental, and for	123489
each subsequent renewal period as it comes due. As used in this	123490
division, "motor vehicle" has the same meaning as in section	123491
4501.01 of the Revised Code, and "watercraft" includes an outdrive	123492
unit attached to the watercraft.	123493

A lease with a renewal clause and a termination penalty or	123494
similar provision that applies if the renewal clause is not	123495
exercised is presumed to be a sham transaction. In such a case,	123496
the tax shall be calculated and paid on the basis of the entire	123497
length of the lease period, including any renewal periods, until	123498
the termination penalty or similar provision no longer applies.	123499
The taxpayer shall bear the burden, by a preponderance of the	123500
evidence, that the transaction or series of transactions is not a	123501
sham transaction.	123502

(3) Except as provided in division (A)(2) of this section, in	123503
the case of a sale, the price of which consists in whole or in	123504
part of the lease or rental of tangible personal property, the tax	123505
shall be measured by the installments of that lease or rental.	123506

(4) In the case of a sale of a physical fitness facility	123507
service or recreation and sports club service, the price of which	123508
consists in whole or in part of a membership for the receipt of	123509
the benefit of the service, the tax applicable to the sale shall	123510
be measured by the installments thereof.	123511

(B) The tax does not apply to the following:

123512

(1) Sales to the state or any of its political subdivisions,	123513
or to any other state or its political subdivisions if the laws of	123514
that state exempt from taxation sales made to this state and its	123515
political subdivisions;	123516

(2) Sales of food for human consumption off the premises	123517
where sold;	123518

(3) Sales of food sold to students only in a cafeteria,	123519
dormitory, fraternity, or sorority maintained in a private,	123520
public, or parochial school, college, or university;	123521

(4) Sales of newspapers and of magazine subscriptions and	123522
sales or transfers of magazines distributed as controlled	123523
circulation publications;	123524

(5) The furnishing, preparing, or serving of meals without	123525
charge by an employer to an employee provided the employer records	123526
the meals as part compensation for services performed or work	123527
done;	123528

(6) Sales of motor fuel upon receipt, use, distribution, or	123529
sale of which in this state a tax is imposed by the law of this	123530
state, but this exemption shall not apply to the sale of motor	123531
fuel on which a refund of the tax is allowable under division (A)	123532
of section 5735.14 of the Revised Code; and the tax commissioner	123533
may deduct the amount of tax levied by this section applicable to	123534
the price of motor fuel when granting a refund of motor fuel tax	123535
pursuant to division (A) of section 5735.14 of the Revised Code	123536
and shall cause the amount deducted to be paid into the general	123537
revenue fund of this state;	123538

(7) Sales of natural gas by a natural gas company, of water	123539
by a water-works company, or of steam by a heating company, if in	123540
each case the thing sold is delivered to consumers through pipes	123541
or conduits, and all sales of communications services by a	123542
telegraph company, all terms as defined in section 5727.01 of the	123543
Revised Code, and sales of electricity delivered through wires;	123544

(8) Casual sales by a person, or auctioneer employed directly	123545
by the person to conduct such sales, except as to such sales of	123546
motor vehicles, watercraft or outboard motors required to be	123547
titled under section 1548.06 of the Revised Code, watercraft	123548
documented with the United States coast guard, snowmobiles, and	123549
all-purpose vehicles as defined in section 4519.01 of the Revised	123550
Code;	123551

(9)(a) Sales of services or tangible personal property, other	123552
than motor vehicles, mobile homes, and manufactured homes, by	123553
churches, organizations exempt from taxation under section	123554
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	123555
organizations operated exclusively for charitable purposes as	123556
defined in division (B)(12) of this section, provided that the	123557
number of days on which such tangible personal property or	123558
services, other than items never subject to the tax, are sold does	123559
not exceed six in any calendar year, except as otherwise provided	123560
in division (B)(9)(b) of this section. If the number of days on	123561
which such sales are made exceeds six in any calendar year, the	123562
church or organization shall be considered to be engaged in	123563
business and all subsequent sales by it shall be subject to the	123564
tax. In counting the number of days, all sales by groups within a	123565
church or within an organization shall be considered to be sales	123566
of that church or organization.	123567

(b) The limitation on the number of days on which tax-exempt	123568
sales may be made by a church or organization under division	123569
(B)(9)(a) of this section does not apply to sales made by student	123570
clubs and other groups of students of a primary or secondary	123571
school, or a parent-teacher association, booster group, or similar	123572
organization that raises money to support or fund curricular or	123573
extracurricular activities of a primary or secondary school.	123574

(c) Divisions (B)(9)(a) and (b) of this section do not apply	123575
to sales by a noncommercial educational radio or television	123576
broadcasting station.	123577

(10) Sales not within the taxing power of this state under	123578
the Constitution of the United States;	123579

(11) Except for transactions that are sales under division	123580
(B)(3)(r) of section 5739.01 of the Revised Code, the	123581
transportation of persons or property, unless the transportation	123582
is by a private investigation and security service;	123583

(12) Sales of tangible personal property or services to	123584
churches, to organizations exempt from taxation under section	123585
501(c)(3) of the Internal Revenue Code of 1986, and to any other	123586
nonprofit organizations operated exclusively for charitable	123587
purposes in this state, no part of the net income of which inures	123588
to the benefit of any private shareholder or individual, and no	123589
substantial part of the activities of which consists of carrying	123590
on propaganda or otherwise attempting to influence legislation;	123591
sales to offices administering one or more homes for the aged or	123592
one or more hospital facilities exempt under section 140.08 of the	123593
Revised Code; and sales to organizations described in division (D)	123594
of section 5709.12 of the Revised Code.	123595

"Charitable purposes" means the relief of poverty; the	123596
improvement of health through the alleviation of illness, disease,	123597
or injury; the operation of an organization exclusively for the	123598
provision of professional, laundry, printing, and purchasing	123599
services to hospitals or charitable institutions; the operation of	123600
a home for the aged, as defined in section 5701.13 of the Revised	123601
Code; the operation of a radio or television broadcasting station	123602
that is licensed by the federal communications commission as a	123603
noncommercial educational radio or television station; the	123604
operation of a nonprofit animal adoption service or a county	123605
humane society; the promotion of education by an institution of	123606
learning that maintains a faculty of qualified instructors,	123607
teaches regular continuous courses of study, and confers a	123608
recognized diploma upon completion of a specific curriculum; the	123609
operation of a parent-teacher association, booster group, or	123610
similar organization primarily engaged in the promotion and	123611
support of the curricular or extracurricular activities of a	123612
primary or secondary school; the operation of a community or area	123613
center in which presentations in music, dramatics, the arts, and	123614
related fields are made in order to foster public interest and	123615
education therein; the production of performances in music,	123616
dramatics, and the arts; or the promotion of education by an	123617
organization engaged in carrying on research in, or the	123618
dissemination of, scientific and technological knowledge and	123619
information primarily for the public.	123620

Nothing in this division shall be deemed to exempt sales to	123621
any organization for use in the operation or carrying on of a	123622
trade or business, or sales to a home for the aged for use in the	123623
operation of independent living facilities as defined in division	123624
(A) of section 5709.12 of the Revised Code.	123625

(13) Building and construction materials and services sold to	123626
construction contractors for incorporation into a structure or	123627
improvement to real property under a construction contract with	123628
this state or a political subdivision of this state, or with the	123629
United States government or any of its agencies; building and	123630
construction materials and services sold to construction	123631
contractors for incorporation into a structure or improvement to	123632
real property that are accepted for ownership by this state or any	123633
of its political subdivisions, or by the United States government	123634
or any of its agencies at the time of completion of the structures	123635
or improvements; building and construction materials sold to	123636
construction contractors for incorporation into a horticulture	123637
structure or livestock structure for a person engaged in the	123638
business of horticulture or producing livestock; building	123639
materials and services sold to a construction contractor for	123640
incorporation into a house of public worship or religious	123641
education, or a building used exclusively for charitable purposes	123642
under a construction contract with an organization whose purpose	123643
is as described in division (B)(12) of this section; building	123644
materials and services sold to a construction contractor for	123645
incorporation into a building under a construction contract with	123646
an organization exempt from taxation under section 501(c)(3) of	123647
the Internal Revenue Code of 1986 when the building is to be used	123648
exclusively for the organization's exempt purposes; building and	123649
construction materials sold for incorporation into the original	123650
construction of a sports facility under section 307.696 of the	123651
Revised Code; building and construction materials and services	123652
sold to a construction contractor for incorporation into real	123653
property outside this state if such materials and services, when	123654
sold to a construction contractor in the state in which the real	123655
property is located for incorporation into real property in that	123656
state, would be exempt from a tax on sales levied by that state;	123657
and, until one calendar year after the construction of a	123658
convention center that qualifies for property tax exemption under	123659
section 5709.084 of the Revised Code is completed, building and	123660
construction materials and services sold to a construction	123661
contractor for incorporation into the real property comprising	123662
that convention center;	123663

(14) Sales of ships or vessels or rail rolling stock used or	123664
to be used principally in interstate or foreign commerce, and	123665
repairs, alterations, fuel, and lubricants for such ships or	123666
vessels or rail rolling stock;	123667

(15) Sales to persons primarily engaged in any of the	123668
activities mentioned in division (B)(42)(a) or, (g), or (h) of	123669
this section, to persons engaged in making retail sales, or to	123670
persons who purchase for sale from a manufacturer tangible	123671
personal property that was produced by the manufacturer in	123672
accordance with specific designs provided by the purchaser, of	123673
packages, including material, labels, and parts for packages, and	123674
of machinery, equipment, and material for use primarily in	123675
packaging tangible personal property produced for sale, including	123676
any machinery, equipment, and supplies used to make labels or	123677
packages, to prepare packages or products for labeling, or to	123678
label packages or products, by or on the order of the person doing	123679
the packaging, or sold at retail. "Packages" includes bags,	123680
baskets, cartons, crates, boxes, cans, bottles, bindings,	123681
wrappings, and other similar devices and containers, but does not	123682
include motor vehicles or bulk tanks, trailers, or similar devices	123683
attached to motor vehicles. "Packaging" means placing in a	123684
package. Division (B)(15) of this section does not apply to	123685
persons engaged in highway transportation for hire.	123686

(16) Sales of food to persons using supplemental nutrition	123687
assistance program benefits to purchase the food. As used in this	123688
division, "food" has the same meaning as in 7 U.S.C. 2012 and	123689
federal regulations adopted pursuant to the Food and Nutrition Act	123690
of 2008.	123691

(17) Sales to persons engaged in farming, agriculture,	123692
horticulture, or floriculture, of tangible personal property for	123693
use or consumption ~~directly~~primarily in the production by	123694
farming, agriculture, horticulture, or floriculture of other	123695
tangible personal property for use or consumption ~~directly~~	123696
primarily in the production of tangible personal property for sale	123697
by farming, agriculture, horticulture, or floriculture; or	123698
material and parts for incorporation into any such tangible	123699
personal property for use or consumption in production; and of	123700
tangible personal property for such use or consumption in the	123701
conditioning or holding of products produced by and for such use,	123702
consumption, or sale by persons engaged in farming, agriculture,	123703
horticulture, or floriculture, except where such property is	123704
incorporated into real property;	123705

(18) Sales of drugs for a human being that may be dispensed	123706
only pursuant to a prescription; insulin as recognized in the	123707
official United States pharmacopoeia; urine and blood testing	123708
materials when used by diabetics or persons with hypoglycemia to	123709
test for glucose or acetone; hypodermic syringes and needles when	123710
used by diabetics for insulin injections; epoetin alfa when	123711
purchased for use in the treatment of persons with medical	123712
disease; hospital beds when purchased by hospitals, nursing homes,	123713
or other medical facilities; and medical oxygen and medical	123714
oxygen-dispensing equipment when purchased by hospitals, nursing	123715
homes, or other medical facilities;	123716

(19) Sales of prosthetic devices, durable medical equipment	123717
for home use, or mobility enhancing equipment, when made pursuant	123718
to a prescription and when such devices or equipment are for use	123719
by a human being.	123720

(20) Sales of emergency and fire protection vehicles and	123721
equipment to nonprofit organizations for use solely in providing	123722
fire protection and emergency services, including trauma care and	123723
emergency medical services, for political subdivisions of the	123724
state;	123725

(21) Sales of tangible personal property manufactured in this	123726
state, if sold by the manufacturer in this state to a retailer for	123727
use in the retail business of the retailer outside of this state	123728
and if possession is taken from the manufacturer by the purchaser	123729
within this state for the sole purpose of immediately removing the	123730
same from this state in a vehicle owned by the purchaser;	123731

(22) Sales of services provided by the state or any of its	123732
political subdivisions, agencies, instrumentalities, institutions,	123733
or authorities, or by governmental entities of the state or any of	123734
its political subdivisions, agencies, instrumentalities,	123735
institutions, or authorities;	123736

(23) Sales of motor vehicles to nonresidents of this state	123737
under the circumstances described in division (B) of section	123738
5739.029 of the Revised Code;	123739

(24) Sales to persons engaged in the preparation of eggs for	123740
sale of tangible personal property used or consumed directly in	123741
such preparation, including such tangible personal property used	123742
for cleaning, sanitizing, preserving, grading, sorting, and	123743
classifying by size; packages, including material and parts for	123744
packages, and machinery, equipment, and material for use in	123745
packaging eggs for sale; and handling and transportation equipment	123746
and parts therefor, except motor vehicles licensed to operate on	123747
public highways, used in intraplant or interplant transfers or	123748
shipment of eggs in the process of preparation for sale, when the	123749
plant or plants within or between which such transfers or	123750
shipments occur are operated by the same person. "Packages"	123751
includes containers, cases, baskets, flats, fillers, filler flats,	123752
cartons, closure materials, labels, and labeling materials, and	123753
"packaging" means placing therein.	123754

(25)(a) Sales of water to a consumer for residential use,	123755
except the sale of bottled water, distilled water, mineral water,	123756
carbonated water, or ice;	123757

(b) Sales of water by a nonprofit corporation engaged	123758
exclusively in the treatment, distribution, and sale of water to	123759
consumers, if such water is delivered to consumers through pipes	123760
or tubing.	123761

(26) Fees charged for inspection or reinspection of motor	123762
vehicles under section 3704.14 of the Revised Code;	123763

(27) Sales to persons licensed to conduct a food service	123764
operation pursuant to section 3717.43 of the Revised Code, of	123765
tangible personal property primarily used directly for the	123766
following:	123767

(a) To prepare food for human consumption for sale;

123768

(b) To preserve food that has been or will be prepared for	123769
human consumption for sale by the food service operator, not	123770
including tangible personal property used to display food for	123771
selection by the consumer;	123772

(c) To clean tangible personal property used to prepare or	123773
serve food for human consumption for sale.	123774

(28) Sales of animals by nonprofit animal adoption services	123775
or county humane societies;	123776

(29) Sales of services to a corporation described in division	123777
(A) of section 5709.72 of the Revised Code, and sales of tangible	123778
personal property that qualifies for exemption from taxation under	123779
section 5709.72 of the Revised Code;	123780

(30) Sales and installation of agricultural land tile, as	123781
defined in division (B)(5)(a) of section 5739.01 of the Revised	123782
Code;	123783

(31) Sales and erection or installation of portable grain	123784
bins, as defined in division (B)(5)(b) of section 5739.01 of the	123785
Revised Code;	123786

(32) The sale, lease, repair, and maintenance of, parts for,	123787
or items attached to or incorporated in, motor vehicles that are	123788
primarily used for transporting tangible personal property	123789
belonging to others by a person engaged in highway transportation	123790
for hire, except for packages and packaging used for the	123791
transportation of tangible personal property;	123792

(33) Sales to the state headquarters of any veterans'	123793
organization in this state that is either incorporated and issued	123794
a charter by the congress of the United States or is recognized by	123795
the United States veterans administration, for use by the	123796
headquarters;	123797

(34) Sales to a telecommunications service vendor, mobile	123798
telecommunications service vendor, or satellite broadcasting	123799
service vendor of tangible personal property and services used	123800
directly and primarily in transmitting, receiving, switching, or	123801
recording any interactive, one- or two-way electromagnetic	123802
communications, including voice, image, data, and information,	123803
through the use of any medium, including, but not limited to,	123804
poles, wires, cables, switching equipment, computers, and record	123805
storage devices and media, and component parts for the tangible	123806
personal property. The exemption provided in this division shall	123807
be in lieu of all other exemptions under division (B)(42)(a) or	123808
(n) of this section to which the vendor may otherwise be entitled,	123809
based upon the use of the thing purchased in providing the	123810
telecommunications, mobile telecommunications, or satellite	123811
broadcasting service.	123812

(35)(a) Sales where the purpose of the consumer is to use or	123813
consume the things transferred in making retail sales and	123814
consisting of newspaper inserts, catalogues, coupons, flyers, gift	123815
certificates, or other advertising material that prices and	123816
describes tangible personal property offered for retail sale.	123817

(b) Sales to direct marketing vendors of preliminary	123818
materials such as photographs, artwork, and typesetting that will	123819
be used in printing advertising material; of printed matter that	123820
offers free merchandise or chances to win sweepstake prizes and	123821
that is mailed to potential customers with advertising material	123822
described in division (B)(35)(a) of this section; and of equipment	123823
such as telephones, computers, facsimile machines, and similar	123824
tangible personal property primarily used to accept orders for	123825
direct marketing retail sales.	123826

(c) Sales of automatic food vending machines that preserve	123827
food with a shelf life of forty-five days or less by refrigeration	123828
and dispense it to the consumer.	123829

For purposes of division (B)(35) of this section, "direct	123830
marketing" means the method of selling where consumers order	123831
tangible personal property by United States mail, delivery	123832
service, or telecommunication and the vendor delivers or ships the	123833
tangible personal property sold to the consumer from a warehouse,	123834
catalogue distribution center, or similar fulfillment facility by	123835
means of the United States mail, delivery service, or common	123836
carrier.	123837

(36) Sales to a person engaged in the business of	123838
horticulture or producing livestock of materials to be	123839
incorporated into a horticulture structure or livestock structure;	123840

(37) Sales of personal computers, computer monitors, computer	123841
keyboards, modems, and other peripheral computer equipment to an	123842
individual who is licensed or certified to teach in an elementary	123843
or a secondary school in this state for use by that individual in	123844
preparation for teaching elementary or secondary school students;	123845

(38) Sales to a professional racing team of any of the	123846
following:	123847

(a) Motor racing vehicles;

123848

(b) Repair services for motor racing vehicles;

123849

(c) Items of property that are attached to or incorporated in	123850
motor racing vehicles, including engines, chassis, and all other	123851
components of the vehicles, and all spare, replacement, and	123852
rebuilt parts or components of the vehicles; except not including	123853
tires, consumable fluids, paint, and accessories consisting of	123854
instrumentation sensors and related items added to the vehicle to	123855
collect and transmit data by means of telemetry and other forms of	123856
communication.	123857

(39) Sales of used manufactured homes and used mobile homes,	123858
as defined in section 5739.0210 of the Revised Code, made on or	123859
after January 1, 2000;	123860

(40) Sales of tangible personal property and services to a	123861
provider of electricity used or consumed directly and primarily in	123862
generating, transmitting, or distributing electricity for use by	123863
others, including property that is or is to be incorporated into	123864
and will become a part of the consumer's production, transmission,	123865
or distribution system and that retains its classification as	123866
tangible personal property after incorporation; fuel or power used	123867
in the production, transmission, or distribution of electricity;	123868
energy conversion equipment as defined in section 5727.01 of the	123869
Revised Code; and tangible personal property and services used in	123870
the repair and maintenance of the production, transmission, or	123871
distribution system, including only those motor vehicles as are	123872
specially designed and equipped for such use. The exemption	123873
provided in this division shall be in lieu of all other exemptions	123874
in division (B)(42)(a) or (n) of this section to which a provider	123875
of electricity may otherwise be entitled based on the use of the	123876
tangible personal property or service purchased in generating,	123877
transmitting, or distributing electricity.	123878

(41) Sales to a person providing services under division	123879
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	123880
personal property and services used directly and primarily in	123881
providing taxable services under that section.	123882

(42) Sales where the purpose of the purchaser is to do any of	123883
the following:	123884

(a) To incorporate the thing transferred as a material or a	123885
part into tangible personal property to be produced for sale by	123886
manufacturing, assembling, processing, or refining; or to use or	123887
consume the thing transferred directly in producing tangible	123888
personal property for sale by mining, including, without	123889
limitation, the extraction from the earth of all substances that	123890
are classed geologically as minerals, production of crude oil and	123891
natural gas, ~~farming, agriculture, horticulture, or floriculture,~~	123892
or directly in the rendition of a public utility service, except	123893
that the sales tax levied by this section shall be collected upon	123894
all meals, drinks, and food for human consumption sold when	123895
transporting persons. Persons engaged in rendering ~~farming,~~	123896
~~agricultural, horticultural, or floricultural services, and~~	123897
services in the exploration for, and production of, crude oil and	123898
natural gas, for others are deemed engaged directly in ~~farming,~~	123899
~~agriculture, horticulture, and floriculture, or~~the exploration	123900
for, and production of, crude oil and natural gas. This paragraph	123901
does not exempt from "retail sale" or "sales at retail" the sale	123902
of tangible personal property that is to be incorporated into a	123903
structure or improvement to real property.	123904

(b) To hold the thing transferred as security for the	123905
performance of an obligation of the vendor;	123906

(c) To resell, hold, use, or consume the thing transferred as	123907
evidence of a contract of insurance;	123908

(d) To use or consume the thing directly in commercial	123909
fishing;	123910

(e) To incorporate the thing transferred as a material or a	123911
part into, or to use or consume the thing transferred directly in	123912
the production of, magazines distributed as controlled circulation	123913
publications;	123914

(f) To use or consume the thing transferred in the production	123915
and preparation in suitable condition for market and sale of	123916
printed, imprinted, overprinted, lithographic, multilithic,	123917
blueprinted, photostatic, or other productions or reproductions of	123918
written or graphic matter;	123919

(g) To use the thing transferred, as described in section	123920
5739.011 of the Revised Code, primarily in a manufacturing	123921
operation to produce tangible personal property for sale;	123922

(h) To use the benefit of a warranty, maintenance or service	123923
contract, or similar agreement, as described in division (B)(7) of	123924
section 5739.01 of the Revised Code, to repair or maintain	123925
tangible personal property, if all of the property that is the	123926
subject of the warranty, contract, or agreement would not be	123927
subject to the tax imposed by this section;	123928

(i) To use the thing transferred as qualified research and	123929
development equipment;	123930

(j) To use or consume the thing transferred primarily in	123931
storing, transporting, mailing, or otherwise handling purchased	123932
sales inventory in a warehouse, distribution center, or similar	123933
facility when the inventory is primarily distributed outside this	123934
state to retail stores of the person who owns or controls the	123935
warehouse, distribution center, or similar facility, to retail	123936
stores of an affiliated group of which that person is a member, or	123937
by means of direct marketing. This division does not apply to	123938
motor vehicles registered for operation on the public highways. As	123939
used in this division, "affiliated group" has the same meaning as	123940
in division (B)(3)(e) of section 5739.01 of the Revised Code and	123941
"direct marketing" has the same meaning as in division (B)(35) of	123942
this section.	123943

(k) To use or consume the thing transferred to fulfill a	123944
contractual obligation incurred by a warrantor pursuant to a	123945
warranty provided as a part of the price of the tangible personal	123946
property sold or by a vendor of a warranty, maintenance or service	123947
contract, or similar agreement the provision of which is defined	123948
as a sale under division (B)(7) of section 5739.01 of the Revised	123949
Code;	123950

(l) To use or consume the thing transferred in the production	123951
of a newspaper for distribution to the public;	123952

(m) To use tangible personal property to perform a service	123953
listed in division (B)(3) of section 5739.01 of the Revised Code,	123954
if the property is or is to be permanently transferred to the	123955
consumer of the service as an integral part of the performance of	123956
the service;	123957

(n) To use or consume the thing transferred primarily in	123958
producing tangible personal property for sale by farming,	123959
agriculture, horticulture, or floriculture. Persons engaged in	123960
rendering farming, agriculture, horticulture, or floriculture	123961
services for others are deemed engaged primarily in farming,	123962
agriculture, horticulture, or floriculture. This paragraph does	123963
not exempt from "retail sale" or "sales at retail" the sale of	123964
tangible personal property that is to be incorporated into a	123965
structure or improvement to real property.	123966

(o) To use or consume the thing transferred in acquiring,	123967
formatting, editing, storing, and disseminating data or	123968
information by electronic publishing.	123969

As used in division (B)(42) of this section, "thing" includes	123970
all transactions included in divisions (B)(3)(a), (b), and (e) of	123971
section 5739.01 of the Revised Code.	123972

(43) Sales conducted through a coin operated device that	123973
activates vacuum equipment or equipment that dispenses water,	123974
whether or not in combination with soap or other cleaning agents	123975
or wax, to the consumer for the consumer's use on the premises in	123976
washing, cleaning, or waxing a motor vehicle, provided no other	123977
personal property or personal service is provided as part of the	123978
transaction.	123979

(44) Sales of replacement and modification parts for engines,	123980
airframes, instruments, and interiors in, and paint for, aircraft	123981
used primarily in a fractional aircraft ownership program, and	123982
sales of services for the repair, modification, and maintenance of	123983
such aircraft, and machinery, equipment, and supplies primarily	123984
used to provide those services.	123985

(45) Sales of telecommunications service that is used	123986
directly and primarily to perform the functions of a call center.	123987
As used in this division, "call center" means any physical	123988
location where telephone calls are placed or received in high	123989
volume for the purpose of making sales, marketing, customer	123990
service, technical support, or other specialized business	123991
activity, and that employs at least fifty individuals that engage	123992
in call center activities on a full-time basis, or sufficient	123993
individuals to fill fifty full-time equivalent positions.	123994

(46) Sales by a telecommunications service vendor of 900	123995
service to a subscriber. This division does not apply to	123996
information services, as defined in division (FF) of section	123997
5739.01 of the Revised Code.	123998

(47) Sales of value-added non-voice data service. This	123999
division does not apply to any similar service that is not	124000
otherwise a telecommunications service.	124001

(48)(a) Sales of machinery, equipment, and software to a	124002
qualified direct selling entity for use in a warehouse or	124003
distribution center primarily for storing, transporting, or	124004
otherwise handling inventory that is held for sale to independent	124005
salespersons who operate as direct sellers and that is held	124006
primarily for distribution outside this state;	124007

(b) As used in division (B)(48)(a) of this section:

124008

(i) "Direct seller" means a person selling consumer products	124009
to individuals for personal or household use and not from a fixed	124010
retail location, including selling such product at in-home product	124011
demonstrations, parties, and other one-on-one selling.	124012

(ii) "Qualified direct selling entity" means an entity	124013
selling to direct sellers at the time the entity enters into a tax	124014
credit agreement with the tax credit authority pursuant to section	124015
122.17 of the Revised Code, provided that the agreement was	124016
entered into on or after January 1, 2007. Neither contingencies	124017
relevant to the granting of, nor later developments with respect	124018
to, the tax credit shall impair the status of the qualified direct	124019
selling entity under division (B)(48) of this section after	124020
execution of the tax credit agreement by the tax credit authority.	124021

(c) Division (B)(48) of this section is limited to machinery,	124022
equipment, and software first stored, used, or consumed in this	124023
state within the period commencing June 24, 2008, and ending on	124024
the date that is five years after that date.	124025

(49) Sales of materials, parts, equipment, or engines used in	124026
the repair or maintenance of aircraft or avionics systems of such	124027
aircraft, and sales of repair, remodeling, replacement, or	124028
maintenance services in this state performed on aircraft or on an	124029
aircraft's avionics, engine, or component materials or parts. As	124030
used in division (B)(49) of this section, "aircraft" means	124031
aircraft of more than six thousand pounds maximum certified	124032
takeoff weight or used exclusively in general aviation.	124033

(50) Sales of full flight simulators that are used for pilot	124034
or flight-crew training, sales of repair or replacement parts or	124035
components, and sales of repair or maintenance services for such	124036
full flight simulators. "Full flight simulator" means a replica of	124037
a specific type, or make, model, and series of aircraft cockpit.	124038
It includes the assemblage of equipment and computer programs	124039
necessary to represent aircraft operations in ground and flight	124040
conditions, a visual system providing an out-of-the-cockpit view,	124041
and a system that provides cues at least equivalent to those of a	124042
three-degree-of-freedom motion system, and has the full range of	124043
capabilities of the systems installed in the device as described	124044
in appendices A and B of part 60 of chapter 1 of title 14 of the	124045
Code of Federal Regulations.	124046

(51) Any transfer or lease of tangible personal property	124047
between the state and a successful proposer in accordance with	124048
sections 126.60 to 126.605 of the Revised Code, provided the	124049
property is part of a project as defined in section 126.60 of the	124050
Revised Code and the state retains ownership of the project or	124051
part thereof that is being transferred or leased, between the	124052
state and JobsOhio in accordance with section 4313.02 of the	124053
Revised Code.	124054

(C) For the purpose of the proper administration of this	124055
chapter, and to prevent the evasion of the tax, it is presumed	124056
that all sales made in this state are subject to the tax until the	124057
contrary is established.	124058

(D) The levy of this tax on retail sales of recreation and	124059
sports club service shall not prevent a municipal corporation from	124060
levying any tax on recreation and sports club dues or on any	124061
income generated by recreation and sports club dues.	124062

(E) The tax collected by the vendor from the consumer under	124063
this chapter is not part of the price, but is a tax collection for	124064
the benefit of the state, and of counties levying an additional	124065
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	124066
Code and of transit authorities levying an additional sales tax	124067
pursuant to section 5739.023 of the Revised Code. Except for the	124068
discount authorized under section 5739.12 of the Revised Code and	124069
the effects of any rounding pursuant to section 5703.055 of the	124070
Revised Code, no person other than the state or such a county or	124071
transit authority shall derive any benefit from the collection or	124072
payment of the tax levied by this section or section 5739.021,	124073
5739.023, or 5739.026 of the Revised Code.	124074

Sec. 5739.021. (A) For the purpose of providing additional	124075
general revenues for the county or supporting criminal and	124076
administrative justice services in the county, or both, and to pay	124077
the expenses of administering such levy, any county may levy a tax	124078
at the rate of not more than one per cent at any multiple of	124079
one-fourth of one per cent upon every retail sale made in the	124080
county, except sales of watercraft and outboard motors required to	124081
be titled pursuant to Chapter 1548. of the Revised Code and sales	124082
of motor vehicles, and may increase the rate of an existing tax to	124083
not more than one per cent at any multiple of one-fourth of one	124084
per cent.	124085

The tax shall be levied and the rate increased pursuant to a	124086
resolution of the board of county commissioners. The resolution	124087
shall state the purpose for which the tax is to be levied and the	124088
number of years for which the tax is to be levied, or that it is	124089
for a continuing period of time. If the tax is to be levied for	124090
the purpose of providing additional general revenues and for the	124091
purpose of supporting criminal and administrative justice	124092
services, the resolution shall state the rate or amount of the tax	124093
to be apportioned to each such purpose. The rate or amount may be	124094
different for each year the tax is to be levied, but the rates or	124095
amounts actually apportioned each year shall not be different from	124096
that stated in the resolution for that year. If the resolution is	124097
adopted as an emergency measure necessary for the immediate	124098
preservation of the public peace, health, or safety, it must	124099
receive an affirmative vote of all of the members of the board of	124100
county commissioners and shall state the reasons for such	124101
necessity. The board shall deliver a certified copy of the	124102
resolution to the tax commissioner, not later than the sixty-fifth	124103
day prior to the date on which the tax is to become effective,	124104
which shall be the first day of the calendar quarter.	124105

Prior to the adoption of any resolution under this section,	124106
the board of county commissioners shall conduct two public	124107
hearings on the resolution, the second hearing to be not less than	124108
three nor more than ten days after the first. Notice of the date,	124109
time, and place of the hearings shall be given by publication in a	124110
newspaper of general circulation in the county, or as provided in	124111
section 7.16 of the Revised Code, once a week on the same day of	124112
the week for two consecutive weeks, the second publication being	124113
not less than ten nor more than thirty days prior to the first	124114
hearing.	124115

Except as provided in division (B)(3) of this section, the	124116
resolution shall be subject to a referendum as provided in	124117
sections 305.31 to 305.41 of the Revised Code.	124118

If a petition for a referendum is filed, the county auditor	124119
with whom the petition was filed shall, within five days, notify	124120
the board of county commissioners and the tax commissioner of the	124121
filing of the petition by certified mail. If the board of	124122
elections with which the petition was filed declares the petition	124123
invalid, the board of elections, within five days, shall notify	124124
the board of county commissioners and the tax commissioner of that	124125
declaration by certified mail. If the petition is declared to be	124126
invalid, the effective date of the tax or increased rate of tax	124127
levied by this section shall be the first day of a calendar	124128
quarter following the expiration of sixty-five days from the date	124129
the commissioner receives notice from the board of elections that	124130
the petition is invalid.	124131

(B)(1) A resolution that is not adopted as an emergency	124132
measure may direct the board of elections to submit the question	124133
of levying the tax or increasing the rate of tax to the electors	124134
of the county at a special election held on the date specified by	124135
the board of county commissioners in the resolution, provided that	124136
the election occurs not less than ninety days after a certified	124137
copy of such resolution is transmitted to the board of elections	124138
and the election is not held in February or August of any year.	124139
Upon transmission of the resolution to the board of elections, the	124140
board of county commissioners shall notify the tax commissioner in	124141
writing of the levy question to be submitted to the electors. No	124142
resolution adopted under this division shall go into effect unless	124143
approved by a majority of those voting upon it, and, except as	124144
provided in division (B)(3) of this section, shall become	124145
effective on the first day of a calendar quarter following the	124146
expiration of sixty-five days from the date the tax commissioner	124147
receives notice from the board of elections of the affirmative	124148
vote.	124149

(2) A resolution that is adopted as an emergency measure	124150
shall go into effect as provided in division (A) of this section,	124151
but may direct the board of elections to submit the question of	124152
repealing the tax or increase in the rate of the tax to the	124153
electors of the county at the next general election in the county	124154
occurring not less than ninety days after a certified copy of the	124155
resolution is transmitted to the board of elections. Upon	124156
transmission of the resolution to the board of elections, the	124157
board of county commissioners shall notify the tax commissioner in	124158
writing of the levy question to be submitted to the electors. The	124159
ballot question shall be the same as that prescribed in section	124160
5739.022 of the Revised Code. The board of elections shall notify	124161
the board of county commissioners and the tax commissioner of the	124162
result of the election immediately after the result has been	124163
declared. If a majority of the qualified electors voting on the	124164
question of repealing the tax or increase in the rate of the tax	124165
vote for repeal of the tax or repeal of the increase, the board of	124166
county commissioners, on the first day of a calendar quarter	124167
following the expiration of sixty-five days after the date the	124168
board and tax commissioner receive notice of the result of the	124169
election, shall, in the case of a repeal of the tax, cease to levy	124170
the tax, or, in the case of a repeal of an increase in the rate of	124171
the tax, cease to levy the increased rate and levy the tax at the	124172
rate at which it was imposed immediately prior to the increase in	124173
rate.	124174

(3) If a vendor that is registered with the central	124175
electronic registration system provided for in section 5740.05 of	124176
the Revised Code makes a sale in this state by printed catalog and	124177
the consumer computed the tax on the sale based on local rates	124178
published in the catalog, any tax levied or repealed or rate	124179
changed under this section shall not apply to such a sale until	124180
the first day of a calendar quarter following the expiration of	124181
one hundred twenty days from the date of notice by the tax	124182
commissioner pursuant to division (H) of this section.	124183

(C) If a resolution is rejected at a referendum or if a	124184
resolution adopted after January 1, 1982, as an emergency measure	124185
is repealed by the electors pursuant to division (B)(2) of this	124186
section or section 5739.022 of the Revised Code, then for one year	124187
after the date of the election at which the resolution was	124188
rejected or repealed the board of county commissioners may not	124189
adopt any resolution authorized by this section as an emergency	124190
measure.	124191

(D) The board of county commissioners, at any time while a	124192
tax levied under this section is in effect, may by resolution	124193
reduce the rate at which the tax is levied to a lower rate	124194
authorized by this section. Any reduction in the rate at which the	124195
tax is levied shall be made effective on the first day of a	124196
calendar quarter next following the sixty-fifth day after a	124197
certified copy of the resolution is delivered to the tax	124198
commissioner.	124199

(E) The tax on every retail sale subject to a tax levied	124200
pursuant to this section shall be in addition to the tax levied by	124201
section 5739.02 of the Revised Code and any tax levied pursuant to	124202
section 5739.023 or 5739.026 of the Revised Code.	124203

A county that levies a tax pursuant to this section shall	124204
levy a tax at the same rate pursuant to section 5741.021 of the	124205
Revised Code.	124206

The additional tax levied by the county shall be collected	124207
pursuant to section 5739.025 of the Revised Code. If the	124208
additional tax or some portion thereof is levied for the purpose	124209
of criminal and administrative justice services, the revenue from	124210
the tax, or the amount or rate apportioned to that purpose, shall	124211
be credited to a special fund created in the county treasury for	124212
receipt of that revenue.	124213

Any tax levied pursuant to this section is subject to the	124214
exemptions provided in section 5739.02 of the Revised Code and in	124215
addition shall not be applicable to sales not within the taxing	124216
power of a county under the Constitution of the United States or	124217
the Ohio Constitution.	124218

(F) For purposes of this section, a copy of a resolution is	124219
"certified" when it contains a written statement attesting that	124220
the copy is a true and exact reproduction of the original	124221
resolution.	124222

(G) If a board of commissioners intends to adopt a resolution	124223
to levy a tax in whole or in part for the purpose of criminal and	124224
administrative justice services, the board shall prepare and make	124225
available at the first public hearing at which the resolution is	124226
considered a statement containing the following information:	124227

(1) For each of the two preceding fiscal years, the amount of	124228
expenditures made by the county from the county general fund for	124229
the purpose of criminal and administrative justice services;	124230

(2) For the fiscal year in which the resolution is adopted,	124231
the board's estimate of the amount of expenditures to be made by	124232
the county from the county general fund for the purpose of	124233
criminal and administrative justice services;	124234

(3) For each of the two fiscal years after the fiscal year in	124235
which the resolution is adopted, the board's preliminary plan for	124236
expenditures to be made from the county general fund for the	124237
purpose of criminal and administrative justice services, both	124238
under the assumption that the tax will be imposed for that purpose	124239
and under the assumption that the tax would not be imposed for	124240
that purpose, and for expenditures to be made from the special	124241
fund created under division (E) of this section under the	124242
assumption that the tax will be imposed for that purpose.	124243

The board shall prepare the statement and the preliminary	124244
plan using the best information available to the board at the time	124245
the statement is prepared. Neither the statement nor the	124246
preliminary plan shall be used as a basis to challenge the	124247
validity of the tax in any court of competent jurisdiction, nor	124248
shall the statement or preliminary plan limit the authority of the	124249
board to appropriate, pursuant to section 5705.38 of the Revised	124250
Code, an amount different from that specified in the preliminary	124251
plan.	124252

(H) Upon receipt from a board of county commissioners of a	124253
certified copy of a resolution required by division (A) or (D) of	124254
this section, or from the board of elections of a notice of the	124255
results of an election required by division (A) or (B)(1) or (2)	124256
of this section, the tax commissioner shall provide notice of a	124257
tax rate change in a manner that is reasonably accessible to all	124258
affected vendors. The commissioner shall provide this notice at	124259
least sixty days prior to the effective date of the rate change.	124260
The commissioner, by rule, may establish the method by which	124261
notice will be provided.	124262

(I) As used in this section, "criminal and administrative	124263
justice services" means the exercise by the county sheriff of all	124264
powers and duties vested in that office by law; the exercise by	124265
the county prosecuting attorney of all powers and duties vested in	124266
that office by law; the exercise by any court in the county of all	124267
powers and duties vested in that court; the exercise by the clerk	124268
of the court of common pleas, any clerk of a municipal court	124269
having jurisdiction throughout the county, or the clerk of any	124270
county court of all powers and duties vested in the clerk by law	124271
except, in the case of the clerk of the court of common pleas, the	124272
titling of motor vehicles or watercraft pursuant to Chapter 1548.	124273
or 4505. of the Revised Code; the exercise by the county coroner	124274
of all powers and duties vested in that office by law; making	124275
payments to any other public agency or a private, nonprofit	124276
agency, the purposes of which in the county include the diversion,	124277
adjudication, detention, or rehabilitation of criminals or	124278
juvenile offenders; the operation and maintenance of any detention	124279
facility, as defined in section 2921.01 of the Revised Code; and	124280
the construction, acquisition, equipping, or repair of such a	124281
detention facility, including the payment of any debt charges	124282
incurred in the issuance of securities pursuant to Chapter 133. of	124283
the Revised Code for the purpose of constructing, acquiring,	124284
equipping, or repairing such a facility.	124285

Sec. 5739.022. (A) The question of repeal of either a county	124286
permissive tax or an increase in the rate of a county permissive	124287
tax that was adopted as an emergency measure pursuant to section	124288
5739.021 or 5739.026 of the Revised Code may be initiated by	124289
filing with the board of elections of the county not less than	124290
ninety days before the general election in any year a petition	124291
requesting that an election be held on the question. The question	124292
of repealing an increase in the rate of the county permissive tax	124293
shall be submitted to the electors as a separate question from the	124294
repeal of the tax in effect prior to the increase in the rate. Any	124295
petition filed under this section shall be signed by qualified	124296
electors residing in the county equal in number to ten per cent of	124297
those voting for governor at the most recent gubernatorial	124298
election.	124299

After determination by it that the petition is valid, the	124300
board of elections shall submit the question to the electors of	124301
the county at the next general election. The election shall be	124302
conducted, canvassed, and certified in the same manner as regular	124303
elections for county offices in the county. The board of elections	124304
shall notify the tax commissioner, in writing, of the election	124305
upon determining that the petition is valid. Notice of the	124306
election shall also be published in a newspaper of general	124307
circulation in the district once a week for two consecutive weeks,	124308
or as provided in section 7.16 of the Revised Code, prior to the	124309
election~~, and, if~~. If the board of elections operates and	124310
maintains a web site, the board of elections shall post notice of	124311
the election on its web site for thirty days prior to the	124312
election. The notice shall state the purpose, time, and place of	124313
the election. The form of the ballot cast at the election shall be	124314
prescribed by the secretary of state; however, the ballot question	124315
shall read, "shall the tax (or, increase in the rate of the tax)	124316
be retained?	124317

124318

		Yes			124319
		No	"		124320

124321

The question covered by the petition shall be submitted as a	124322
separate proposition, but it may be printed on the same ballot	124323
with any other proposition submitted at the same election other	124324
than the election of officers.	124325

(B) If a majority of the qualified electors voting on the	124326
question of repeal of either a county permissive tax or an	124327
increase in the rate of a county permissive tax approve the	124328
repeal, the board of elections shall notify the board of county	124329
commissioners and the tax commissioner of the result of the	124330
election immediately after the result has been declared. The board	124331
of county commissioners shall, on the first day of the calendar	124332
quarter following the expiration of sixty-five days after the date	124333
the board and the tax commissioner receive the notice, in the case	124334
of a repeal of a county permissive tax, cease to levy the tax, or,	124335
in the case of a repeal of an increase in the rate of a county	124336
permissive tax, levy the tax at the rate at which it was imposed	124337
immediately prior to the increase in rate and cease to levy the	124338
increased rate.	124339

(C) Upon receipt from a board of elections of a notice of the	124340
results of an election required by division (B) of this section,	124341
the tax commissioner shall provide notice of a tax repeal or rate	124342
change in a manner that is reasonably accessible to all affected	124343
vendors. The commissioner shall provide this notice at least sixty	124344
days prior to the effective date of the rate change. The	124345
commissioner, by rule, may establish the method by which notice	124346
will be provided.	124347

(D) If a vendor that is registered with the central	124348
electronic registration system provided for in section 5740.05 of	124349
the Revised Code makes a sale in this state by printed catalog and	124350
the consumer computed the tax on the sale based on local rates	124351
published in the catalog, any tax repealed or rate changed under	124352
this section shall not apply to such a sale until the first day of	124353
a calendar quarter following the expiration of one hundred twenty	124354
days from the date of notice by the tax commissioner pursuant to	124355
division (C) of this section.	124356

Sec. 5739.026. (A) A board of county commissioners may levy	124357
a tax of one-fourth or one-half of one per cent on every retail	124358
sale in the county, except sales of watercraft and outboard motors	124359
required to be titled pursuant to Chapter 1548. of the Revised	124360
Code and sales of motor vehicles, and may increase an existing	124361
rate of one-fourth of one per cent to one-half of one per cent, to	124362
pay the expenses of administering the tax and, except as provided	124363
in division (A)(6) of this section, for any one or more of the	124364
following purposes provided that the aggregate levy for all such	124365
purposes does not exceed one-half of one per cent:	124366

(1) To provide additional revenues for the payment of bonds	124367
or notes issued in anticipation of bonds issued by a convention	124368
facilities authority established by the board of county	124369
commissioners under Chapter 351. of the Revised Code and to	124370
provide additional operating revenues for the convention	124371
facilities authority;	124372

(2) To provide additional revenues for a transit authority	124373
operating in the county;	124374

(3) To provide additional revenue for the county's general	124375
fund;	124376

(4) To provide additional revenue for permanent improvements	124377
within the county to be distributed by the community improvements	124378
board in accordance with section 307.283 and to pay principal,	124379
interest, and premium on bonds issued under section 307.284 of the	124380
Revised Code;	124381

(5) To provide additional revenue for the acquisition,	124382
construction, equipping, or repair of any specific permanent	124383
improvement or any class or group of permanent improvements, which	124384
improvement or class or group of improvements shall be enumerated	124385
in the resolution required by division (D) of this section, and to	124386
pay principal, interest, premium, and other costs associated with	124387
the issuance of bonds or notes in anticipation of bonds issued	124388
pursuant to Chapter 133. of the Revised Code for the acquisition,	124389
construction, equipping, or repair of the specific permanent	124390
improvement or class or group of permanent improvements;	124391

(6) To provide revenue for the implementation and operation	124392
of a 9-1-1 system in the county. If the tax is levied or the rate	124393
increased exclusively for such purpose, the tax shall not be	124394
levied or the rate increased for more than five years. At the end	124395
of the last year the tax is levied or the rate increased, any	124396
balance remaining in the special fund established for such purpose	124397
shall remain in that fund and be used exclusively for such purpose	124398
until the fund is completely expended, and, notwithstanding	124399
section 5705.16 of the Revised Code, the board of county	124400
commissioners shall not petition for the transfer of money from	124401
such special fund, and the tax commissioner shall not approve such	124402
a petition.	124403

If the tax is levied or the rate increased for such purpose	124404
for more than five years, the board of county commissioners also	124405
shall levy the tax or increase the rate of the tax for one or more	124406
of the purposes described in divisions (A)(1) to (5) of this	124407
section and shall prescribe the method for allocating the revenues	124408
from the tax each year in the manner required by division (C) of	124409
this section.	124410

(7) To provide additional revenue for the operation or	124411
maintenance of a detention facility, as that term is defined under	124412
division (F) of section 2921.01 of the Revised Code;	124413

(8) To provide revenue to finance the construction or	124414
renovation of a sports facility, but only if the tax is levied for	124415
that purpose in the manner prescribed by section 5739.028 of the	124416
Revised Code.	124417

As used in division (A)(8) of this section:

124418

(a) "Sports facility" means a facility intended to house	124419
major league professional athletic teams.	124420

(b) "Constructing" or "construction" includes providing	124421
fixtures, furnishings, and equipment.	124422

(9) To provide additional revenue for the acquisition of	124423
agricultural easements, as defined in section 5301.67 of the	124424
Revised Code; to pay principal, interest, and premium on bonds	124425
issued under section 133.60 of the Revised Code; and for the	124426
supervision and enforcement of agricultural easements held by the	124427
county;	124428

(10) To provide revenue for the provision of ambulance,	124429
paramedic, or other emergency medical services.	124430

Pursuant to section 755.171 of the Revised Code, a board of	124431
county commissioners may pledge and contribute revenue from a tax	124432
levied for the purpose of division (A)(5) of this section to the	124433
payment of debt charges on bonds issued under section 755.17 of	124434
the Revised Code.	124435

The rate of tax shall be a multiple of one-fourth of one per	124436
cent, unless a portion of the rate of an existing tax levied under	124437
section 5739.023 of the Revised Code has been reduced, and the	124438
rate of tax levied under this section has been increased, pursuant	124439
to section 5739.028 of the Revised Code, in which case the	124440
aggregate of the rates of tax levied under this section and	124441
section 5739.023 of the Revised Code shall be a multiple of	124442
one-fourth of one per cent. The tax shall be levied and the rate	124443
increased pursuant to a resolution adopted by a majority of the	124444
members of the board. The board shall deliver a certified copy of	124445
the resolution to the tax commissioner, not later than the	124446
sixty-fifth day prior to the date on which the tax is to become	124447
effective, which shall be the first day of a calendar quarter.	124448

Prior to the adoption of any resolution to levy the tax or to	124449
increase the rate of tax exclusively for the purpose set forth in	124450
division (A)(3) of this section, the board of county commissioners	124451
shall conduct two public hearings on the resolution, the second	124452
hearing to be no fewer than three nor more than ten days after the	124453
first. Notice of the date, time, and place of the hearings shall	124454
be given by publication in a newspaper of general circulation in	124455
the county, or as provided in section 7.16 of the Revised Code,	124456
once a week on the same day of the week for two consecutive weeks,	124457
~~the~~. The second publication ~~being~~shall be no fewer than ten nor	124458
more than thirty days prior to the first hearing. Except as	124459
provided in division (E) of this section, the resolution shall be	124460
subject to a referendum as provided in sections 305.31 to 305.41	124461
of the Revised Code. If the resolution is adopted as an emergency	124462
measure necessary for the immediate preservation of the public	124463
peace, health, or safety, it must receive an affirmative vote of	124464
all of the members of the board of county commissioners and shall	124465
state the reasons for the necessity.	124466

If the tax is for more than one of the purposes set forth in	124467
divisions (A)(1) to (7), (9), and (10) of this section, or is	124468
exclusively for one of the purposes set forth in division (A)(1),	124469
(2), (4), (5), (6), (7), (9), or (10) of this section, the	124470
resolution shall not go into effect unless it is approved by a	124471
majority of the electors voting on the question of the tax.	124472

(B) The board of county commissioners shall adopt a	124473
resolution under section 351.02 of the Revised Code creating the	124474
convention facilities authority, or under section 307.283 of the	124475
Revised Code creating the community improvements board, before	124476
adopting a resolution levying a tax for the purpose of a	124477
convention facilities authority under division (A)(1) of this	124478
section or for the purpose of a community improvements board under	124479
division (A)(4) of this section.	124480

(C)(1) If the tax is to be used for more than one of the	124481
purposes set forth in divisions (A)(1) to (7), (9), and (10) of	124482
this section, the board of county commissioners shall establish	124483
the method that will be used to determine the amount or proportion	124484
of the tax revenue received by the county during each year that	124485
will be distributed for each of those purposes, including, if	124486
applicable, provisions governing the reallocation of a convention	124487
facilities authority's allocation if the authority is dissolved	124488
while the tax is in effect. The allocation method may provide that	124489
different proportions or amounts of the tax shall be distributed	124490
among the purposes in different years, but it shall clearly	124491
describe the method that will be used for each year. Except as	124492
otherwise provided in division (C)(2) of this section, the	124493
allocation method established by the board is not subject to	124494
amendment during the life of the tax.	124495

(2) Subsequent to holding a public hearing on the proposed	124496
amendment, the board of county commissioners may amend the	124497
allocation method established under division (C)(1) of this	124498
section for any year, if the amendment is approved by the	124499
governing board of each entity whose allocation for the year would	124500
be reduced by the proposed amendment. In the case of a tax that is	124501
levied for a continuing period of time, the board may not so amend	124502
the allocation method for any year before the sixth year that the	124503
tax is in effect.	124504

(a) If the additional revenues provided to the convention	124505
facilities authority are pledged by the authority for the payment	124506
of convention facilities authority revenue bonds for as long as	124507
such bonds are outstanding, no reduction of the authority's	124508
allocation of the tax shall be made for any year except to the	124509
extent that the reduced authority allocation, when combined with	124510
the authority's other revenues pledged for that purpose, is	124511
sufficient to meet the debt service requirements for that year on	124512
such bonds.	124513

(b) If the additional revenues provided to the county are	124514
pledged by the county for the payment of bonds or notes described	124515
in division (A)(4) or (5) of this section, for as long as such	124516
bonds or notes are outstanding, no reduction of the county's or	124517
the community improvements board's allocation of the tax shall be	124518
made for any year, except to the extent that the reduced county or	124519
community improvements board allocation is sufficient to meet the	124520
debt service requirements for that year on such bonds or notes.	124521

(c) If the additional revenues provided to the transit	124522
authority are pledged by the authority for the payment of revenue	124523
bonds issued under section 306.37 of the Revised Code, for as long	124524
as such bonds are outstanding, no reduction of the authority's	124525
allocation of tax shall be made for any year, except to the extent	124526
that the authority's reduced allocation, when combined with the	124527
authority's other revenues pledged for that purpose, is sufficient	124528
to meet the debt service requirements for that year on such bonds.	124529

(d) If the additional revenues provided to the county are	124530
pledged by the county for the payment of bonds or notes issued	124531
under section 133.60 of the Revised Code, for so long as the bonds	124532
or notes are outstanding, no reduction of the county's allocation	124533
of the tax shall be made for any year, except to the extent that	124534
the reduced county allocation is sufficient to meet the debt	124535
service requirements for that year on the bonds or notes.	124536

(D)(1) The resolution levying the tax or increasing the rate	124537
of tax shall state the rate of the tax or the rate of the	124538
increase; the purpose or purposes for which it is to be levied;	124539
the number of years for which it is to be levied or that it is for	124540
a continuing period of time; the allocation method required by	124541
division (C) of this section; and if required to be submitted to	124542
the electors of the county under division (A) of this section, the	124543
date of the election at which the proposal shall be submitted to	124544
the electors of the county, which shall be not less than ninety	124545
days after the certification of a copy of the resolution to the	124546
board of elections and, if the tax is to be levied exclusively for	124547
the purpose set forth in division (A)(3) of this section, shall	124548
not occur in February or August of any year. Upon certification of	124549
the resolution to the board of elections, the board of county	124550
commissioners shall notify the tax commissioner in writing of the	124551
levy question to be submitted to the electors. If approved by a	124552
majority of the electors, the tax shall become effective on the	124553
first day of a calendar quarter next following the sixty-fifth day	124554
following the date the board of county commissioners and tax	124555
commissioner receive from the board of elections the certification	124556
of the results of the election, except as provided in division (E)	124557
of this section.	124558

(2)(a) A resolution specifying that the tax is to be used	124559
exclusively for the purpose set forth in division (A)(3) of this	124560
section that is not adopted as an emergency measure may direct the	124561
board of elections to submit the question of levying the tax or	124562
increasing the rate of the tax to the electors of the county at a	124563
special election held on the date specified by the board of county	124564
commissioners in the resolution, provided that the election occurs	124565
not less than ninety days after the resolution is certified to the	124566
board of elections and the election is not held in February or	124567
August of any year. Upon certification of the resolution to the	124568
board of elections, the board of county commissioners shall notify	124569
the tax commissioner in writing of the levy question to be	124570
submitted to the electors. No resolution adopted under division	124571
(D)(2)(a) of this section shall go into effect unless approved by	124572
a majority of those voting upon it and, except as provided in	124573
division (E) of this section, not until the first day of a	124574
calendar quarter following the expiration of sixty-five days from	124575
the date the tax commissioner receives notice from the board of	124576
elections of the affirmative vote.	124577

(b) A resolution specifying that the tax is to be used	124578
exclusively for the purpose set forth in division (A)(3) of this	124579
section that is adopted as an emergency measure shall become	124580
effective as provided in division (A) of this section, but may	124581
direct the board of elections to submit the question of repealing	124582
the tax or increase in the rate of the tax to the electors of the	124583
county at the next general election in the county occurring not	124584
less than ninety days after the resolution is certified to the	124585
board of elections. Upon certification of the resolution to the	124586
board of elections, the board of county commissioners shall notify	124587
the tax commissioner in writing of the levy question to be	124588
submitted to the electors. The ballot question shall be the same	124589
as that prescribed in section 5739.022 of the Revised Code. The	124590
board of elections shall notify the board of county commissioners	124591
and the tax commissioner of the result of the election immediately	124592
after the result has been declared. If a majority of the qualified	124593
electors voting on the question of repealing the tax or increase	124594
in the rate of the tax vote for repeal of the tax or repeal of the	124595
increase, the board of county commissioners, on the first day of a	124596
calendar quarter following the expiration of sixty-five days after	124597
the date the board and tax commissioner received notice of the	124598
result of the election, shall, in the case of a repeal of the tax,	124599
cease to levy the tax, or, in the case of a repeal of an increase	124600
in the rate of the tax, cease to levy the increased rate and levy	124601
the tax at the rate at which it was imposed immediately prior to	124602
the increase in rate.	124603

(c) A board of county commissioners, by resolution, may	124604
reduce the rate of a tax levied exclusively for the purpose set	124605
forth in division (A)(3) of this section to a lower rate	124606
authorized by this section. Any such reduction shall be made	124607
effective on the first day of the calendar quarter next following	124608
the sixty-fifth day after the tax commissioner receives a	124609
certified copy of the resolution from the board.	124610

(E) If a vendor that is registered with the central	124611
electronic registration system provided for in section 5740.05 of	124612
the Revised Code makes a sale in this state by printed catalog and	124613
the consumer computed the tax on the sale based on local rates	124614
published in the catalog, any tax levied or repealed or rate	124615
changed under this section shall not apply to such a sale until	124616
the first day of a calendar quarter following the expiration of	124617
one hundred twenty days from the date of notice by the tax	124618
commissioner pursuant to division (G) of this section.	124619

(F) The tax levied pursuant to this section shall be in	124620
addition to the tax levied by section 5739.02 of the Revised Code	124621
and any tax levied pursuant to section 5739.021 or 5739.023 of the	124622
Revised Code.	124623

A county that levies a tax pursuant to this section shall	124624
levy a tax at the same rate pursuant to section 5741.023 of the	124625
Revised Code.	124626

The additional tax levied by the county shall be collected	124627
pursuant to section 5739.025 of the Revised Code.	124628

Any tax levied pursuant to this section is subject to the	124629
exemptions provided in section 5739.02 of the Revised Code and in	124630
addition shall not be applicable to sales not within the taxing	124631
power of a county under the Constitution of the United States or	124632
the Ohio Constitution.	124633

(G) Upon receipt from a board of county commissioners of a	124634
certified copy of a resolution required by division (A) of this	124635
section, or from the board of elections a notice of the results of	124636
an election required by division (D)(1), (2)(a), (b), or (c) of	124637
this section, the tax commissioner shall provide notice of a tax	124638
rate change in a manner that is reasonably accessible to all	124639
affected vendors. The commissioner shall provide this notice at	124640
least sixty days prior to the effective date of the rate change.	124641
The commissioner, by rule, may establish the method by which	124642
notice will be provided.	124643

Sec. 5739.07. (A) When, pursuant to this chapter, a vendor	124644
has paid taxes to the treasurer of state or the treasurer of	124645
state's agent, or to the tax commissioner or the commissioner's	124646
agent, the commissioner shall refund to the vendor the amount of	124647
taxes paid if the vendor has refunded to the consumer the full	124648
amount of taxes the consumer paid illegally or erroneously or if	124649
the vendor has illegally or erroneously billed the consumer but	124650
has not collected the taxes from the consumer.	124651

(B) When, pursuant to this chapter, a consumer has paid taxes	124652
directly to the treasurer of state or the treasurer of state's	124653
agent, or to the tax commissioner or the commissioner's agent, and	124654
the payment or assessment was illegal or erroneous, the	124655
commissioner shall refund to the consumer the full amount of	124656
illegal or erroneous taxes paid.	124657

(C) The commissioner shall refund to the consumer taxes paid	124658
illegally or erroneously to a vendor only if:	124659

(1) The commissioner has not refunded the tax to the vendor	124660
and the vendor has not refunded the tax to the consumer; or	124661

(2) The consumer has received a refund from a manufacturer or	124662
other person, other than the vendor, of the full purchase price,	124663
but not the tax, paid to the vendor in settlement of a complaint	124664
by the consumer about the property or service purchased.	124665

The commissioner may require the consumer to obtain or the	124666
vendor to provide a written statement confirming that the vendor	124667
has not refunded the tax to the consumer and has not filed an	124668
application for refund of the tax with the commissioner.	124669

(D) AnSubject to division (E) of this section, an	124670
application for refund shall be filed with the tax commissioner on	124671
the form prescribed by the commissioner within four years from the	124672
date of the illegal or erroneous payment of the tax, unless the	124673
vendor or consumer waives the time limitation under division	124674
(A)(3) of section 5739.16 of the Revised Code. If the time	124675
limitation is waived, the refund application period shall be	124676
extended for the same period as the waiver.	124677

(E) An application for refund shall be filed in accordance	124678
with division (D) of this section unless a person is subject to an	124679
assessment that is subject to the time limit of division (B) of	124680
section 5703.58 of the Revised Code for a tax not reported and	124681
paid between the four-year time limit described in division (D) of	124682
this section and the seven-year limit described in division (B) of	124683
section 5703.58 of the Revised Code, in which case the person may	124684
file an application within six months after the date the	124685
assessment is issued. Any refund allowed under this division shall	124686
not exceed the amount of the assessment due for the same period.	124687

(F) On the filing of an application for a refund, the	124688
commissioner shall determine the amount of refund to which the	124689
applicant is entitled. If the amount is not less than that	124690
claimed, the commissioner shall certify that amount to the	124691
director of budget and management and the treasurer of state for	124692
payment from the tax refund fund created by section 5703.052 of	124693
the Revised Code. If the amount is less than that claimed, the	124694
commissioner shall proceed in accordance with section 5703.70 of	124695
the Revised Code.	124696

~~(F)~~(G) When a refund is granted under this section, it shall	124697
include interest thereon as provided by section 5739.132 of the	124698
Revised Code.	124699

Sec. 5739.101. (A) The legislative authority of a municipal	124700
corporation, by ordinance, or of a township, by resolution, may	124701
declare the municipal corporation or township to be a resort area	124702
for the purposes of this section, if all of the following criteria	124703
are met:	124704

(1) According to statistics published by the federal	124705
government based on data compiled during the most recent decennial	124706
census of the United States, at least sixty-two per cent of total	124707
housing units in the municipal corporation or township are	124708
classified as "for seasonal, recreational, or occasional use";	124709

(2) Entertainment and recreation facilities are provided	124710
within the municipal corporation or township that are primarily	124711
intended to provide seasonal leisure time activities for persons	124712
other than permanent residents of the municipal corporation or	124713
township;	124714

(3) The municipal corporation or township experiences	124715
seasonal peaks of employment and demand for government services as	124716
a direct result of the seasonal population increase.	124717

(B) For the purpose of providing revenue for its general	124718
fund, the legislative authority of a municipal corporation or	124719
township, in its ordinance or resolution declaring itself a resort	124720
area under this section, may levy a tax on the privilege of	124721
engaging in the business of either of the following:	124722

(1) Making sales in the municipal corporation or township,	124723
whether wholesale or retail, but including sales of food only to	124724
the extent such sales are subject to the tax levied under section	124725
5739.02 of the Revised Code;	124726

(2) Intrastate transportation of passengers or property	124727
primarily to or from the municipal corporation or township by a	124728
railroad, watercraft, or motor vehicle subject to regulation by	124729
the public utilities commission, except not including	124730
transportation of passengers as part of a tour or cruise in which	124731
the passengers will stay in the municipal corporation or township	124732
for no more than one hour.	124733

The tax is imposed upon and shall be paid by the person	124734
making the sales or transporting the passengers or property. The	124735
rate of the tax shall be one-half, one, or one and one-half per	124736
cent of the person's gross receipts derived from making the sales	124737
or transporting the passengers or property to or from the	124738
municipal corporation or township.	124739

(C) The tax shall take effect on the first day of the month	124740
that begins at least sixty days after the effective date of the	124741
ordinance or resolution in which it is levied. The legislative	124742
authority shall certify copies of the ordinance or resolution to	124743
the tax commissioner and treasurer of state within five days after	124744
its adoption. In addition, one time each week during the two weeks	124745
following the adoption of the ordinance or resolution, the	124746
legislative authority shall cause to be published in a newspaper	124747
of general circulation in the municipal corporation or township or	124748
as provided in section 7.16 of the Revised Code, a notice	124749
explaining the tax and stating the rate of the tax, the date it	124750
will take effect, and that persons subject to the tax must	124751
register with the tax commissioner under section 5739.103 of the	124752
Revised Code.	124753

(D) No more than once a year, and subject to the rates	124754
prescribed in division (B) of this section, the legislative	124755
authority of the municipal corporation or township, by ordinance	124756
or resolution, may increase or decrease the rate of a tax levied	124757
under this section. The legislative authority, by ordinance or	124758
resolution, at any time may repeal such a tax. The legislative	124759
authority shall certify to the tax commissioner and treasurer of	124760
state copies of the ordinance or resolution repealing or changing	124761
the rate of the tax within five days after its adoption. In	124762
addition, one time each week during the two weeks following the	124763
adoption of the ordinance or resolution, the legislative authority	124764
shall cause to be published in a newspaper of general circulation	124765
in the municipal corporation or township or as provided in section	124766
7.16 of the Revised Code, notice of the repeal or change.	124767

Sec. 5739.19. The tax commissioner may revoke any retail	124768
vendor's license upon ascertaining that the vendor has no need for	124769
the license because the vendor is not engaged in making taxable	124770
retail sales. Notice of the revocation shall be delivered to the	124771
vendor personally or by certified mail~~, return receipt requested~~	124772
or by an alternative delivery service as authorized under section	124773
5703.37 of the Revised Code. The revocation shall be effective on	124774
the first day of the month following the expiration of fifteen	124775
days after the vendor received the notice of the revocation.	124776

The revocation of the vendor's license shall be stayed if,	124777
within fifteen days after receiving notice of the revocation, the	124778
vendor objects, in writing, to the revocation. The commissioner	124779
shall consider the written objections of the vendor and issue a	124780
final determination on the revocation of the vendor's license. The	124781
commissioner's final determination may be appealed to the board of	124782
tax appeals pursuant to section 5717.02 of the Revised Code. The	124783
revocation shall be effective on the first day of the month	124784
following the expiration of all time limits for appeal.	124785

Sec. 5739.30. (A) No person, including any officer,	124786
employee, or trustee of a corporation or business trust, shall	124787
fail to file any return or report required to be filed by this	124788
chapter, or file or cause to be filed any incomplete, false or	124789
fraudulent return, report, or statement, or aid or abet another in	124790
the filing of any false or fraudulent return, report, or	124791
statement.	124792

(B) If any vendor required to file monthly returns under	124793
section 5739.12 of the Revised Code fails, on two consecutive	124794
months or on three or more months within a twelve-month period, to	124795
file such returns when due or to pay the tax thereon, or if any	124796
vendor authorized by the tax commissioner to file semiannual	124797
returns fails on two or more occasions within a twenty-four month	124798
period, to file such returns when due or to pay the tax due	124799
thereon, the commissioner may do any of the following:	124800

(1) Require the vendor to furnish security in an amount equal	124801
to the average tax liability of the vendor for a period of one	124802
year, as determined by the commissioner from a review of returns	124803
or other information pertaining to the vendor, which amount shall	124804
in no event be less than one thousand dollars. The security may be	124805
in the form of a corporate surety bond, satisfactory to the	124806
commissioner, conditioned upon payment of the tax due with the	124807
returns from the vendor. The security shall be filed within ten	124808
days following the vendor's receipt of the notice from the	124809
commissioner of its requirements.	124810

(2) Suspend the license issued to the vendor pursuant to	124811
section 5739.17 of the Revised Code. The suspension shall be	124812
effective ten days after service of written notice to the vendor	124813
of the commissioner's intention to do so. The notice shall be	124814
served upon the vendor personally or, by certified mail, or by an	124815
alternative delivery service as authorized under section 5703.37	124816
of the Revised Code. On the first day of the suspension, the	124817
commissioner shall cause to be posted, at every public entrance of	124818
the vendor's premises, a notice identifying the vendor and the	124819
location and informing the public that the vendor's license is	124820
under suspension and that no retail sales may be transacted at	124821
that location. No person, other than the commissioner or the	124822
commissioner's agent or employee, shall remove, cover, or deface	124823
the posted notice. No license which has been suspended under this	124824
section shall be reinstated, and no posted notice shall be	124825
removed, until the vendor has filed complete and correct returns	124826
for all periods in which no return had been filed and paid the	124827
full amount of the tax, penalties, and other charges due on those	124828
returns.	124829

A corporate surety bond filed under this section shall be	124830
returned to the vendor if, for a period of twelve consecutive	124831
months following the date the bond was filed, the vendor has filed	124832
all returns and remitted payment with them within the time	124833
prescribed in section 5739.12 of the Revised Code.	124834

Sec. 5747.01. Except as otherwise expressly provided or	124835
clearly appearing from the context, any term used in this chapter	124836
that is not otherwise defined in this section has the same meaning	124837
as when used in a comparable context in the laws of the United	124838
States relating to federal income taxes or if not used in a	124839
comparable context in those laws, has the same meaning as in	124840
section 5733.40 of the Revised Code. Any reference in this chapter	124841
to the Internal Revenue Code includes other laws of the United	124842
States relating to federal income taxes.	124843

As used in this chapter:

124844

(A) "Adjusted gross income" or "Ohio adjusted gross income"	124845
means federal adjusted gross income, as defined and used in the	124846
Internal Revenue Code, adjusted as provided in this section:	124847

(1) Add interest or dividends on obligations or securities of	124848
any state or of any political subdivision or authority of any	124849
state, other than this state and its subdivisions and authorities.	124850

(2) Add interest or dividends on obligations of any	124851
authority, commission, instrumentality, territory, or possession	124852
of the United States to the extent that the interest or dividends	124853
are exempt from federal income taxes but not from state income	124854
taxes.	124855

(3) Deduct interest or dividends on obligations of the United	124856
States and its territories and possessions or of any authority,	124857
commission, or instrumentality of the United States to the extent	124858
that the interest or dividends are included in federal adjusted	124859
gross income but exempt from state income taxes under the laws of	124860
the United States.	124861

(4) Deduct disability and survivor's benefits to the extent	124862
included in federal adjusted gross income.	124863

(5) Deduct benefits under Title II of the Social Security Act	124864
and tier 1 railroad retirement benefits to the extent included in	124865
federal adjusted gross income under section 86 of the Internal	124866
Revenue Code.	124867

(6) In the case of a taxpayer who is a beneficiary of a trust	124868
that makes an accumulation distribution as defined in section 665	124869
of the Internal Revenue Code, add, for the beneficiary's taxable	124870
years beginning before 2002, the portion, if any, of such	124871
distribution that does not exceed the undistributed net income of	124872
the trust for the three taxable years preceding the taxable year	124873
in which the distribution is made to the extent that the portion	124874
was not included in the trust's taxable income for any of the	124875
trust's taxable years beginning in 2002 or thereafter.	124876
"Undistributed net income of a trust" means the taxable income of	124877
the trust increased by (a)(i) the additions to adjusted gross	124878
income required under division (A) of this section and (ii) the	124879
personal exemptions allowed to the trust pursuant to section	124880
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	124881
deductions to adjusted gross income required under division (A) of	124882
this section, (ii) the amount of federal income taxes attributable	124883
to such income, and (iii) the amount of taxable income that has	124884
been included in the adjusted gross income of a beneficiary by	124885
reason of a prior accumulation distribution. Any undistributed net	124886
income included in the adjusted gross income of a beneficiary	124887
shall reduce the undistributed net income of the trust commencing	124888
with the earliest years of the accumulation period.	124889

(7) Deduct the amount of wages and salaries, if any, not	124890
otherwise allowable as a deduction but that would have been	124891
allowable as a deduction in computing federal adjusted gross	124892
income for the taxable year, had the targeted jobs credit allowed	124893
and determined under sections 38, 51, and 52 of the Internal	124894
Revenue Code not been in effect.	124895

(8) Deduct any interest or interest equivalent on public	124896
obligations and purchase obligations to the extent that the	124897
interest or interest equivalent is included in federal adjusted	124898
gross income.	124899

(9) Add any loss or deduct any gain resulting from the sale,	124900
exchange, or other disposition of public obligations to the extent	124901
that the loss has been deducted or the gain has been included in	124902
computing federal adjusted gross income.	124903

(10) Deduct or add amounts, as provided under section 5747.70	124904
of the Revised Code, related to contributions to variable college	124905
savings program accounts made or tuition units purchased pursuant	124906
to Chapter 3334. of the Revised Code.	124907

(11)(a) Deduct, to the extent not otherwise allowable as a	124908
deduction or exclusion in computing federal or Ohio adjusted gross	124909
income for the taxable year, the amount the taxpayer paid during	124910
the taxable year for medical care insurance and qualified	124911
long-term care insurance for the taxpayer, the taxpayer's spouse,	124912
and dependents. No deduction for medical care insurance under	124913
division (A)(11) of this section shall be allowed either to any	124914
taxpayer who is eligible to participate in any subsidized health	124915
plan maintained by any employer of the taxpayer or of the	124916
taxpayer's spouse, or to any taxpayer who is entitled to, or on	124917
application would be entitled to, benefits under part A of Title	124918
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	124919
301, as amended. For the purposes of division (A)(11)(a) of this	124920
section, "subsidized health plan" means a health plan for which	124921
the employer pays any portion of the plan's cost. The deduction	124922
allowed under division (A)(11)(a) of this section shall be the net	124923
of any related premium refunds, related premium reimbursements, or	124924
related insurance premium dividends received during the taxable	124925
year.	124926

(b) Deduct, to the extent not otherwise deducted or excluded	124927
in computing federal or Ohio adjusted gross income during the	124928
taxable year, the amount the taxpayer paid during the taxable	124929
year, not compensated for by any insurance or otherwise, for	124930
medical care of the taxpayer, the taxpayer's spouse, and	124931
dependents, to the extent the expenses exceed seven and one-half	124932
per cent of the taxpayer's federal adjusted gross income.	124933

(c) Deduct, to the extent not otherwise deducted or excluded	124934
in computing federal or Ohio adjusted gross income, any amount	124935
included in federal adjusted gross income under section 105 or not	124936
excluded under section 106 of the Internal Revenue Code solely	124937
because it relates to an accident and health plan for a person who	124938
otherwise would be a "qualifying relative" and thus a "dependent"	124939
under section 152 of the Internal Revenue Code but for the fact	124940
that the person fails to meet the income and support limitations	124941
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.	124942

(d) For purposes of division (A)(11) of this section,	124943
"medical care" has the meaning given in section 213 of the	124944
Internal Revenue Code, subject to the special rules, limitations,	124945
and exclusions set forth therein, and "qualified long-term care"	124946
has the same meaning given in section 7702B(c) of the Internal	124947
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)	124948
of this section, "dependent" includes a person who otherwise would	124949
be a "qualifying relative" and thus a "dependent" under section	124950
152 of the Internal Revenue Code but for the fact that the person	124951
fails to meet the income and support limitations under section	124952
152(d)(1)(B) and (C) of the Internal Revenue Code.	124953

(12)(a) Deduct any amount included in federal adjusted gross	124954
income solely because the amount represents a reimbursement or	124955
refund of expenses that in any year the taxpayer had deducted as	124956
an itemized deduction pursuant to section 63 of the Internal	124957
Revenue Code and applicable United States department of the	124958
treasury regulations. The deduction otherwise allowed under	124959
division (A)(12)(a) of this section shall be reduced to the extent	124960
the reimbursement is attributable to an amount the taxpayer	124961
deducted under this section in any taxable year.	124962

(b) Add any amount not otherwise included in Ohio adjusted	124963
gross income for any taxable year to the extent that the amount is	124964
attributable to the recovery during the taxable year of any amount	124965
deducted or excluded in computing federal or Ohio adjusted gross	124966
income in any taxable year.	124967

(13) Deduct any portion of the deduction described in section	124968
1341(a)(2) of the Internal Revenue Code, for repaying previously	124969
reported income received under a claim of right, that meets both	124970
of the following requirements:	124971

(a) It is allowable for repayment of an item that was	124972
included in the taxpayer's adjusted gross income for a prior	124973
taxable year and did not qualify for a credit under division (A)	124974
or (B) of section 5747.05 of the Revised Code for that year;	124975

(b) It does not otherwise reduce the taxpayer's adjusted	124976
gross income for the current or any other taxable year.	124977

(14) Deduct an amount equal to the deposits made to, and net	124978
investment earnings of, a medical savings account during the	124979
taxable year, in accordance with section 3924.66 of the Revised	124980
Code. The deduction allowed by division (A)(14) of this section	124981
does not apply to medical savings account deposits and earnings	124982
otherwise deducted or excluded for the current or any other	124983
taxable year from the taxpayer's federal adjusted gross income.	124984

(15)(a) Add an amount equal to the funds withdrawn from a	124985
medical savings account during the taxable year, and the net	124986
investment earnings on those funds, when the funds withdrawn were	124987
used for any purpose other than to reimburse an account holder	124988
for, or to pay, eligible medical expenses, in accordance with	124989
section 3924.66 of the Revised Code;	124990

(b) Add the amounts distributed from a medical savings	124991
account under division (A)(2) of section 3924.68 of the Revised	124992
Code during the taxable year.	124993

(16) Add any amount claimed as a credit under section	124994
5747.059 of the Revised Code to the extent that such amount	124995
satisfies either of the following:	124996

(a) The amount was deducted or excluded from the computation	124997
of the taxpayer's federal adjusted gross income as required to be	124998
reported for the taxpayer's taxable year under the Internal	124999
Revenue Code;	125000

(b) The amount resulted in a reduction of the taxpayer's	125001
federal adjusted gross income as required to be reported for any	125002
of the taxpayer's taxable years under the Internal Revenue Code.	125003

(17) Deduct the amount contributed by the taxpayer to an	125004
individual development account program established by a county	125005
department of job and family services pursuant to sections 329.11	125006
to 329.14 of the Revised Code for the purpose of matching funds	125007
deposited by program participants. On request of the tax	125008
commissioner, the taxpayer shall provide any information that, in	125009
the tax commissioner's opinion, is necessary to establish the	125010
amount deducted under division (A)(17) of this section.	125011

(18) Beginning in taxable year 2001 but not for any taxable	125012
year beginning after December 31, 2005, if the taxpayer is married	125013
and files a joint return and the combined federal adjusted gross	125014
income of the taxpayer and the taxpayer's spouse for the taxable	125015
year does not exceed one hundred thousand dollars, or if the	125016
taxpayer is single and has a federal adjusted gross income for the	125017
taxable year not exceeding fifty thousand dollars, deduct amounts	125018
paid during the taxable year for qualified tuition and fees paid	125019
to an eligible institution for the taxpayer, the taxpayer's	125020
spouse, or any dependent of the taxpayer, who is a resident of	125021
this state and is enrolled in or attending a program that	125022
culminates in a degree or diploma at an eligible institution. The	125023
deduction may be claimed only to the extent that qualified tuition	125024
and fees are not otherwise deducted or excluded for any taxable	125025
year from federal or Ohio adjusted gross income. The deduction may	125026
not be claimed for educational expenses for which the taxpayer	125027
claims a credit under section 5747.27 of the Revised Code.	125028

(19) Add any reimbursement received during the taxable year	125029
of any amount the taxpayer deducted under division (A)(18) of this	125030
section in any previous taxable year to the extent the amount is	125031
not otherwise included in Ohio adjusted gross income.	125032

(20)(a)(i) Add five-sixths of the amount of depreciation	125033
expense allowed by subsection (k) of section 168 of the Internal	125034
Revenue Code, including the taxpayer's proportionate or	125035
distributive share of the amount of depreciation expense allowed	125036
by that subsection to a pass-through entity in which the taxpayer	125037
has a direct or indirect ownership interest.	125038

(ii) Add five-sixths of the amount of qualifying section 179	125039
depreciation expense, including a person's proportionate or	125040
distributive share of the amount of qualifying section 179	125041
depreciation expense allowed to any pass-through entity in which	125042
the person has a direct or indirect ownership. For the purposes of	125043
this division, "qualifying section 179 depreciation expense" means	125044
the difference between (I) the amount of depreciation expense	125045
directly or indirectly allowed to the taxpayer under section 179	125046
of the Internal Revenue Code, and (II) the amount of depreciation	125047
expense directly or indirectly allowed to the taxpayer under	125048
section 179 of the Internal Revenue Code as that section existed	125049
on December 31, 2002.	125050

The tax commissioner, under procedures established by the	125051
commissioner, may waive the add-backs related to a pass-through	125052
entity if the taxpayer owns, directly or indirectly, less than	125053
five per cent of the pass-through entity.	125054

(b) Nothing in division (A)(20) of this section shall be	125055
construed to adjust or modify the adjusted basis of any asset.	125056

(c) To the extent the add-back required under division	125057
(A)(20)(a) of this section is attributable to property generating	125058
nonbusiness income or loss allocated under section 5747.20 of the	125059
Revised Code, the add-back shall be sitused to the same location	125060
as the nonbusiness income or loss generated by the property for	125061
the purpose of determining the credit under division (A) of	125062
section 5747.05 of the Revised Code. Otherwise, the add-back shall	125063
be apportioned, subject to one or more of the four alternative	125064
methods of apportionment enumerated in section 5747.21 of the	125065
Revised Code.	125066

(d) For the purposes of division (A) of this section, net	125067
operating loss carryback and carryforward shall not include	125068
five-sixths of the allowance of any net operating loss deduction	125069
carryback or carryforward to the taxable year to the extent such	125070
loss resulted from depreciation allowed by section 168(k) of the	125071
Internal Revenue Code and by the qualifying section 179	125072
depreciation expense amount.	125073

(21)(a) If the taxpayer was required to add an amount under	125074
division (A)(20)(a) of this section for a taxable year, deduct	125075
one-fifth of the amount so added for each of the five succeeding	125076
taxable years.	125077

(b) If the amount deducted under division (A)(21)(a) of this	125078
section is attributable to an add-back allocated under division	125079
(A)(20)(c) of this section, the amount deducted shall be sitused	125080
to the same location. Otherwise, the add-back shall be apportioned	125081
using the apportionment factors for the taxable year in which the	125082
deduction is taken, subject to one or more of the four alternative	125083
methods of apportionment enumerated in section 5747.21 of the	125084
Revised Code.	125085

(c) No deduction is available under division (A)(21)(a) of	125086
this section with regard to any depreciation allowed by section	125087
168(k) of the Internal Revenue Code and by the qualifying section	125088
179 depreciation expense amount to the extent that such	125089
depreciation resulted in or increased a federal net operating loss	125090
carryback or carryforward to a taxable year to which division	125091
(A)(20)(d) of this section does not apply.	125092

(22) Deduct, to the extent not otherwise deducted or excluded	125093
in computing federal or Ohio adjusted gross income for the taxable	125094
year, the amount the taxpayer received during the taxable year as	125095
reimbursement for life insurance premiums under section 5919.31 of	125096
the Revised Code.	125097

(23) Deduct, to the extent not otherwise deducted or excluded	125098
in computing federal or Ohio adjusted gross income for the taxable	125099
year, the amount the taxpayer received during the taxable year as	125100
a death benefit paid by the adjutant general under section 5919.33	125101
of the Revised Code.	125102

(24) Deduct, to the extent included in federal adjusted gross	125103
income and not otherwise allowable as a deduction or exclusion in	125104
computing federal or Ohio adjusted gross income for the taxable	125105
year, military pay and allowances received by the taxpayer during	125106
the taxable year for active duty service in the United States	125107
army, air force, navy, marine corps, or coast guard or reserve	125108
components thereof or the national guard. The deduction may not be	125109
claimed for military pay and allowances received by the taxpayer	125110
while the taxpayer is stationed in this state.	125111

(25) Deduct, to the extent not otherwise allowable as a	125112
deduction or exclusion in computing federal or Ohio adjusted gross	125113
income for the taxable year and not otherwise compensated for by	125114
any other source, the amount of qualified organ donation expenses	125115
incurred by the taxpayer during the taxable year, not to exceed	125116
ten thousand dollars. A taxpayer may deduct qualified organ	125117
donation expenses only once for all taxable years beginning with	125118
taxable years beginning in 2007.	125119

For the purposes of division (A)(25) of this section:

125120

(a) "Human organ" means all or any portion of a human liver,	125121
pancreas, kidney, intestine, or lung, and any portion of human	125122
bone marrow.	125123

(b) "Qualified organ donation expenses" means travel	125124
expenses, lodging expenses, and wages and salary forgone by a	125125
taxpayer in connection with the taxpayer's donation, while living,	125126
of one or more of the taxpayer's human organs to another human	125127
being.	125128

(26) Deduct, to the extent not otherwise deducted or excluded	125129
in computing federal or Ohio adjusted gross income for the taxable	125130
year, amounts received by the taxpayer as retired military	125131
personnel pay for service in the United States army, navy, air	125132
force, coast guard, or marine corps or reserve components thereof,	125133
or the national guard, or received by the surviving spouse or	125134
former spouse of such a taxpayer under the survivor benefit plan	125135
on account of such a taxpayer's death. If the taxpayer receives	125136
income on account of retirement paid under the federal civil	125137
service retirement system or federal employees retirement system,	125138
or under any successor retirement program enacted by the congress	125139
of the United States that is established and maintained for	125140
retired employees of the United States government, and such	125141
retirement income is based, in whole or in part, on credit for the	125142
taxpayer's military service, the deduction allowed under this	125143
division shall include only that portion of such retirement income	125144
that is attributable to the taxpayer's military service, to the	125145
extent that portion of such retirement income is otherwise	125146
included in federal adjusted gross income and is not otherwise	125147
deducted under this section. Any amount deducted under division	125148
(A)(26) of this section is not included in a taxpayer's adjusted	125149
gross income for the purposes of section 5747.055 of the Revised	125150
Code. No amount may be deducted under division (A)(26) of this	125151
section on the basis of which a credit was claimed under section	125152
5747.055 of the Revised Code.	125153

(27) Deduct, to the extent not otherwise deducted or excluded	125154
in computing federal or Ohio adjusted gross income for the taxable	125155
year, the amount the taxpayer received during the taxable year	125156
from the military injury relief fund created in section 5101.98 of	125157
the Revised Code.	125158

(28) Deduct, to the extent not otherwise deducted or excluded	125159
in computing federal or Ohio adjusted gross income for the taxable	125160
year, the amount the taxpayer received as a veterans bonus during	125161
the taxable year from the Ohio department of veterans services as	125162
authorized by Section 2r of Article VIII, Ohio Constitution.	125163

(29) Deduct, to the extent not otherwise deducted or excluded	125164
in computing federal or Ohio adjusted gross income for the taxable	125165
year, any loss from wagering transactions that is allowed as an	125166
itemized deduction under section 165 of the Internal Revenue Code	125167
and that the taxpayer deducted in computing federal taxable	125168
income.	125169

(30) Deduct, to the extent not otherwise deducted or excluded	125170
in computing federal or Ohio adjusted gross income for the taxable	125171
year, any income derived from providing public services under a	125172
contract through a project owned by the state, as described in	125173
section 126.604 of the Revised Code or derived from a transfer	125174
agreement or from the enterprise transferred under that agreement	125175
under section 4313.02 of the Revised Code.	125176

(B) "Business income" means income, including gain or loss,	125177
arising from transactions, activities, and sources in the regular	125178
course of a trade or business and includes income, gain, or loss	125179
from real property, tangible property, and intangible property if	125180
the acquisition, rental, management, and disposition of the	125181
property constitute integral parts of the regular course of a	125182
trade or business operation. "Business income" includes income,	125183
including gain or loss, from a partial or complete liquidation of	125184
a business, including, but not limited to, gain or loss from the	125185
sale or other disposition of goodwill.	125186

(C) "Nonbusiness income" means all income other than business	125187
income and may include, but is not limited to, compensation, rents	125188
and royalties from real or tangible personal property, capital	125189
gains, interest, dividends and distributions, patent or copyright	125190
royalties, or lottery winnings, prizes, and awards.	125191

(D) "Compensation" means any form of remuneration paid to an	125192
employee for personal services.	125193

(E) "Fiduciary" means a guardian, trustee, executor,	125194
administrator, receiver, conservator, or any other person acting	125195
in any fiduciary capacity for any individual, trust, or estate.	125196

(F) "Fiscal year" means an accounting period of twelve months	125197
ending on the last day of any month other than December.	125198

(G) "Individual" means any natural person.

125199

(H) "Internal Revenue Code" means the "Internal Revenue Code	125200
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	125201

(I) "Resident" means any of the following, provided that	125202
division (I)(3) of this section applies only to taxable years of a	125203
trust beginning in 2002 or thereafter:	125204

(1) An individual who is domiciled in this state, subject to	125205
section 5747.24 of the Revised Code;	125206

(2) The estate of a decedent who at the time of death was	125207
domiciled in this state. The domicile tests of section 5747.24 of	125208
the Revised Code are not controlling for purposes of division	125209
(I)(2) of this section.	125210

(3) A trust that, in whole or part, resides in this state. If	125211
only part of a trust resides in this state, the trust is a	125212
resident only with respect to that part.	125213

For the purposes of division (I)(3) of this section:

125214

(a) A trust resides in this state for the trust's current	125215
taxable year to the extent, as described in division (I)(3)(d) of	125216
this section, that the trust consists directly or indirectly, in	125217
whole or in part, of assets, net of any related liabilities, that	125218
were transferred, or caused to be transferred, directly or	125219
indirectly, to the trust by any of the following:	125220

(i) A person, a court, or a governmental entity or	125221
instrumentality on account of the death of a decedent, but only if	125222
the trust is described in division (I)(3)(e)(i) or (ii) of this	125223
section;	125224

(ii) A person who was domiciled in this state for the	125225
purposes of this chapter when the person directly or indirectly	125226
transferred assets to an irrevocable trust, but only if at least	125227
one of the trust's qualifying beneficiaries is domiciled in this	125228
state for the purposes of this chapter during all or some portion	125229
of the trust's current taxable year;	125230

(iii) A person who was domiciled in this state for the	125231
purposes of this chapter when the trust document or instrument or	125232
part of the trust document or instrument became irrevocable, but	125233
only if at least one of the trust's qualifying beneficiaries is a	125234
resident domiciled in this state for the purposes of this chapter	125235
during all or some portion of the trust's current taxable year. If	125236
a trust document or instrument became irrevocable upon the death	125237
of a person who at the time of death was domiciled in this state	125238
for purposes of this chapter, that person is a person described in	125239
division (I)(3)(a)(iii) of this section.	125240

(b) A trust is irrevocable to the extent that the transferor	125241
is not considered to be the owner of the net assets of the trust	125242
under sections 671 to 678 of the Internal Revenue Code.	125243

(c) With respect to a trust other than a charitable lead	125244
trust, "qualifying beneficiary" has the same meaning as "potential	125245
current beneficiary" as defined in section 1361(e)(2) of the	125246
Internal Revenue Code, and with respect to a charitable lead trust	125247
"qualifying beneficiary" is any current, future, or contingent	125248
beneficiary, but with respect to any trust "qualifying	125249
beneficiary" excludes a person or a governmental entity or	125250
instrumentality to any of which a contribution would qualify for	125251
the charitable deduction under section 170 of the Internal Revenue	125252
Code.	125253

(d) For the purposes of division (I)(3)(a) of this section,	125254
the extent to which a trust consists directly or indirectly, in	125255
whole or in part, of assets, net of any related liabilities, that	125256
were transferred directly or indirectly, in whole or part, to the	125257
trust by any of the sources enumerated in that division shall be	125258
ascertained by multiplying the fair market value of the trust's	125259
assets, net of related liabilities, by the qualifying ratio, which	125260
shall be computed as follows:	125261

(i) The first time the trust receives assets, the numerator	125262
of the qualifying ratio is the fair market value of those assets	125263
at that time, net of any related liabilities, from sources	125264
enumerated in division (I)(3)(a) of this section. The denominator	125265
of the qualifying ratio is the fair market value of all the	125266
trust's assets at that time, net of any related liabilities.	125267

(ii) Each subsequent time the trust receives assets, a	125268
revised qualifying ratio shall be computed. The numerator of the	125269
revised qualifying ratio is the sum of (1) the fair market value	125270
of the trust's assets immediately prior to the subsequent	125271
transfer, net of any related liabilities, multiplied by the	125272
qualifying ratio last computed without regard to the subsequent	125273
transfer, and (2) the fair market value of the subsequently	125274
transferred assets at the time transferred, net of any related	125275
liabilities, from sources enumerated in division (I)(3)(a) of this	125276
section. The denominator of the revised qualifying ratio is the	125277
fair market value of all the trust's assets immediately after the	125278
subsequent transfer, net of any related liabilities.	125279

(iii) Whether a transfer to the trust is by or from any of	125280
the sources enumerated in division (I)(3)(a) of this section shall	125281
be ascertained without regard to the domicile of the trust's	125282
beneficiaries.	125283

(e) For the purposes of division (I)(3)(a)(i) of this	125284
section:	125285

(i) A trust is described in division (I)(3)(e)(i) of this	125286
section if the trust is a testamentary trust and the testator of	125287
that testamentary trust was domiciled in this state at the time of	125288
the testator's death for purposes of the taxes levied under	125289
Chapter 5731. of the Revised Code.	125290

(ii) A trust is described in division (I)(3)(e)(ii) of this	125291
section if the transfer is a qualifying transfer described in any	125292
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	125293
irrevocable inter vivos trust, and at least one of the trust's	125294
qualifying beneficiaries is domiciled in this state for purposes	125295
of this chapter during all or some portion of the trust's current	125296
taxable year.	125297

(f) For the purposes of division (I)(3)(e)(ii) of this	125298
section, a "qualifying transfer" is a transfer of assets, net of	125299
any related liabilities, directly or indirectly to a trust, if the	125300
transfer is described in any of the following:	125301

(i) The transfer is made to a trust, created by the decedent	125302
before the decedent's death and while the decedent was domiciled	125303
in this state for the purposes of this chapter, and, prior to the	125304
death of the decedent, the trust became irrevocable while the	125305
decedent was domiciled in this state for the purposes of this	125306
chapter.	125307

(ii) The transfer is made to a trust to which the decedent,	125308
prior to the decedent's death, had directly or indirectly	125309
transferred assets, net of any related liabilities, while the	125310
decedent was domiciled in this state for the purposes of this	125311
chapter, and prior to the death of the decedent the trust became	125312
irrevocable while the decedent was domiciled in this state for the	125313
purposes of this chapter.	125314

(iii) The transfer is made on account of a contractual	125315
relationship existing directly or indirectly between the	125316
transferor and either the decedent or the estate of the decedent	125317
at any time prior to the date of the decedent's death, and the	125318
decedent was domiciled in this state at the time of death for	125319
purposes of the taxes levied under Chapter 5731. of the Revised	125320
Code.	125321

(iv) The transfer is made to a trust on account of a	125322
contractual relationship existing directly or indirectly between	125323
the transferor and another person who at the time of the	125324
decedent's death was domiciled in this state for purposes of this	125325
chapter.	125326

(v) The transfer is made to a trust on account of the will of	125327
a testator who was domiciled in this state at the time of the	125328
testator's death for purposes of the taxes levied under Chapter	125329
5731. of the Revised Code.	125330

(vi) The transfer is made to a trust created by or caused to	125331
be created by a court, and the trust was directly or indirectly	125332
created in connection with or as a result of the death of an	125333
individual who, for purposes of the taxes levied under Chapter	125334
5731. of the Revised Code, was domiciled in this state at the time	125335
of the individual's death.	125336

(g) The tax commissioner may adopt rules to ascertain the	125337
part of a trust residing in this state.	125338

(J) "Nonresident" means an individual or estate that is not a	125339
resident. An individual who is a resident for only part of a	125340
taxable year is a nonresident for the remainder of that taxable	125341
year.	125342

(K) "Pass-through entity" has the same meaning as in section	125343
5733.04 of the Revised Code.	125344

(L) "Return" means the notifications and reports required to	125345
be filed pursuant to this chapter for the purpose of reporting the	125346
tax due and includes declarations of estimated tax when so	125347
required.	125348

(M) "Taxable year" means the calendar year or the taxpayer's	125349
fiscal year ending during the calendar year, or fractional part	125350
thereof, upon which the adjusted gross income is calculated	125351
pursuant to this chapter.	125352

(N) "Taxpayer" means any person subject to the tax imposed by	125353
section 5747.02 of the Revised Code or any pass-through entity	125354
that makes the election under division (D) of section 5747.08 of	125355
the Revised Code.	125356

(O) "Dependents" means dependents as defined in the Internal	125357
Revenue Code and as claimed in the taxpayer's federal income tax	125358
return for the taxable year or which the taxpayer would have been	125359
permitted to claim had the taxpayer filed a federal income tax	125360
return.	125361

(P) "Principal county of employment" means, in the case of a	125362
nonresident, the county within the state in which a taxpayer	125363
performs services for an employer or, if those services are	125364
performed in more than one county, the county in which the major	125365
portion of the services are performed.	125366

(Q) As used in sections 5747.50 to 5747.55 of the Revised	125367
Code:	125368

(1) "Subdivision" means any county, municipal corporation,	125369
park district, or township.	125370

(2) "Essential local government purposes" includes all	125371
functions that any subdivision is required by general law to	125372
exercise, including like functions that are exercised under a	125373
charter adopted pursuant to the Ohio Constitution.	125374

(R) "Overpayment" means any amount already paid that exceeds	125375
the figure determined to be the correct amount of the tax.	125376

(S) "Taxable income" or "Ohio taxable income" applies only to	125377
estates and trusts, and means federal taxable income, as defined	125378
and used in the Internal Revenue Code, adjusted as follows:	125379

(1) Add interest or dividends, net of ordinary, necessary,	125380
and reasonable expenses not deducted in computing federal taxable	125381
income, on obligations or securities of any state or of any	125382
political subdivision or authority of any state, other than this	125383
state and its subdivisions and authorities, but only to the extent	125384
that such net amount is not otherwise includible in Ohio taxable	125385
income and is described in either division (S)(1)(a) or (b) of	125386
this section:	125387

(a) The net amount is not attributable to the S portion of an	125388
electing small business trust and has not been distributed to	125389
beneficiaries for the taxable year;	125390

(b) The net amount is attributable to the S portion of an	125391
electing small business trust for the taxable year.	125392

(2) Add interest or dividends, net of ordinary, necessary,	125393
and reasonable expenses not deducted in computing federal taxable	125394
income, on obligations of any authority, commission,	125395
instrumentality, territory, or possession of the United States to	125396
the extent that the interest or dividends are exempt from federal	125397
income taxes but not from state income taxes, but only to the	125398
extent that such net amount is not otherwise includible in Ohio	125399
taxable income and is described in either division (S)(1)(a) or	125400
(b) of this section;	125401

(3) Add the amount of personal exemption allowed to the	125402
estate pursuant to section 642(b) of the Internal Revenue Code;	125403

(4) Deduct interest or dividends, net of related expenses	125404
deducted in computing federal taxable income, on obligations of	125405
the United States and its territories and possessions or of any	125406
authority, commission, or instrumentality of the United States to	125407
the extent that the interest or dividends are exempt from state	125408
taxes under the laws of the United States, but only to the extent	125409
that such amount is included in federal taxable income and is	125410
described in either division (S)(1)(a) or (b) of this section;	125411

(5) Deduct the amount of wages and salaries, if any, not	125412
otherwise allowable as a deduction but that would have been	125413
allowable as a deduction in computing federal taxable income for	125414
the taxable year, had the targeted jobs credit allowed under	125415
sections 38, 51, and 52 of the Internal Revenue Code not been in	125416
effect, but only to the extent such amount relates either to	125417
income included in federal taxable income for the taxable year or	125418
to income of the S portion of an electing small business trust for	125419
the taxable year;	125420

(6) Deduct any interest or interest equivalent, net of	125421
related expenses deducted in computing federal taxable income, on	125422
public obligations and purchase obligations, but only to the	125423
extent that such net amount relates either to income included in	125424
federal taxable income for the taxable year or to income of the S	125425
portion of an electing small business trust for the taxable year;	125426

(7) Add any loss or deduct any gain resulting from sale,	125427
exchange, or other disposition of public obligations to the extent	125428
that such loss has been deducted or such gain has been included in	125429
computing either federal taxable income or income of the S portion	125430
of an electing small business trust for the taxable year;	125431

(8) Except in the case of the final return of an estate, add	125432
any amount deducted by the taxpayer on both its Ohio estate tax	125433
return pursuant to section 5731.14 of the Revised Code, and on its	125434
federal income tax return in determining federal taxable income;	125435

(9)(a) Deduct any amount included in federal taxable income	125436
solely because the amount represents a reimbursement or refund of	125437
expenses that in a previous year the decedent had deducted as an	125438
itemized deduction pursuant to section 63 of the Internal Revenue	125439
Code and applicable treasury regulations. The deduction otherwise	125440
allowed under division (S)(9)(a) of this section shall be reduced	125441
to the extent the reimbursement is attributable to an amount the	125442
taxpayer or decedent deducted under this section in any taxable	125443
year.	125444

(b) Add any amount not otherwise included in Ohio taxable	125445
income for any taxable year to the extent that the amount is	125446
attributable to the recovery during the taxable year of any amount	125447
deducted or excluded in computing federal or Ohio taxable income	125448
in any taxable year, but only to the extent such amount has not	125449
been distributed to beneficiaries for the taxable year.	125450

(10) Deduct any portion of the deduction described in section	125451
1341(a)(2) of the Internal Revenue Code, for repaying previously	125452
reported income received under a claim of right, that meets both	125453
of the following requirements:	125454

(a) It is allowable for repayment of an item that was	125455
included in the taxpayer's taxable income or the decedent's	125456
adjusted gross income for a prior taxable year and did not qualify	125457
for a credit under division (A) or (B) of section 5747.05 of the	125458
Revised Code for that year.	125459

(b) It does not otherwise reduce the taxpayer's taxable	125460
income or the decedent's adjusted gross income for the current or	125461
any other taxable year.	125462

(11) Add any amount claimed as a credit under section	125463
5747.059 of the Revised Code to the extent that the amount	125464
satisfies either of the following:	125465

(a) The amount was deducted or excluded from the computation	125466
of the taxpayer's federal taxable income as required to be	125467
reported for the taxpayer's taxable year under the Internal	125468
Revenue Code;	125469

(b) The amount resulted in a reduction in the taxpayer's	125470
federal taxable income as required to be reported for any of the	125471
taxpayer's taxable years under the Internal Revenue Code.	125472

(12) Deduct any amount, net of related expenses deducted in	125473
computing federal taxable income, that a trust is required to	125474
report as farm income on its federal income tax return, but only	125475
if the assets of the trust include at least ten acres of land	125476
satisfying the definition of "land devoted exclusively to	125477
agricultural use" under section 5713.30 of the Revised Code,	125478
regardless of whether the land is valued for tax purposes as such	125479
land under sections 5713.30 to 5713.38 of the Revised Code. If the	125480
trust is a pass-through entity investor, section 5747.231 of the	125481
Revised Code applies in ascertaining if the trust is eligible to	125482
claim the deduction provided by division (S)(12) of this section	125483
in connection with the pass-through entity's farm income.	125484

Except for farm income attributable to the S portion of an	125485
electing small business trust, the deduction provided by division	125486
(S)(12) of this section is allowed only to the extent that the	125487
trust has not distributed such farm income. Division (S)(12) of	125488
this section applies only to taxable years of a trust beginning in	125489
2002 or thereafter.	125490

(13) Add the net amount of income described in section 641(c)	125491
of the Internal Revenue Code to the extent that amount is not	125492
included in federal taxable income.	125493

(14) Add or deduct the amount the taxpayer would be required	125494
to add or deduct under division (A)(20) or (21) of this section if	125495
the taxpayer's Ohio taxable income were computed in the same	125496
manner as an individual's Ohio adjusted gross income is computed	125497
under this section. In the case of a trust, division (S)(14) of	125498
this section applies only to any of the trust's taxable years	125499
beginning in 2002 or thereafter.	125500

(T) "School district income" and "school district income tax"	125501
have the same meanings as in section 5748.01 of the Revised Code.	125502

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	125503
of this section, "public obligations," "purchase obligations," and	125504
"interest or interest equivalent" have the same meanings as in	125505
section 5709.76 of the Revised Code.	125506

(V) "Limited liability company" means any limited liability	125507
company formed under Chapter 1705. of the Revised Code or under	125508
the laws of any other state.	125509

(W) "Pass-through entity investor" means any person who,	125510
during any portion of a taxable year of a pass-through entity, is	125511
a partner, member, shareholder, or equity investor in that	125512
pass-through entity.	125513

(X) "Banking day" has the same meaning as in section 1304.01	125514
of the Revised Code.	125515

(Y) "Month" means a calendar month.

125516

(Z) "Quarter" means the first three months, the second three	125517
months, the third three months, or the last three months of the	125518
taxpayer's taxable year.	125519

(AA)(1) "Eligible institution" means a state university or	125520
state institution of higher education as defined in section	125521
3345.011 of the Revised Code, or a private, nonprofit college,	125522
university, or other post-secondary institution located in this	125523
state that possesses a certificate of authorization issued by the	125524
Ohio board of regents pursuant to Chapter 1713. of the Revised	125525
Code or a certificate of registration issued by the state board of	125526
career colleges and schools under Chapter 3332. of the Revised	125527
Code.	125528

(2) "Qualified tuition and fees" means tuition and fees	125529
imposed by an eligible institution as a condition of enrollment or	125530
attendance, not exceeding two thousand five hundred dollars in	125531
each of the individual's first two years of post-secondary	125532
education. If the individual is a part-time student, "qualified	125533
tuition and fees" includes tuition and fees paid for the academic	125534
equivalent of the first two years of post-secondary education	125535
during a maximum of five taxable years, not exceeding a total of	125536
five thousand dollars. "Qualified tuition and fees" does not	125537
include:	125538

(a) Expenses for any course or activity involving sports,	125539
games, or hobbies unless the course or activity is part of the	125540
individual's degree or diploma program;	125541

(b) The cost of books, room and board, student activity fees,	125542
athletic fees, insurance expenses, or other expenses unrelated to	125543
the individual's academic course of instruction;	125544

(c) Tuition, fees, or other expenses paid or reimbursed	125545
through an employer, scholarship, grant in aid, or other	125546
educational benefit program.	125547

(BB)(1) "Modified business income" means the business income	125548
included in a trust's Ohio taxable income after such taxable	125549
income is first reduced by the qualifying trust amount, if any.	125550

(2) "Qualifying trust amount" of a trust means capital gains	125551
and losses from the sale, exchange, or other disposition of equity	125552
or ownership interests in, or debt obligations of, a qualifying	125553
investee to the extent included in the trust's Ohio taxable	125554
income, but only if the following requirements are satisfied:	125555

(a) The book value of the qualifying investee's physical	125556
assets in this state and everywhere, as of the last day of the	125557
qualifying investee's fiscal or calendar year ending immediately	125558
prior to the date on which the trust recognizes the gain or loss,	125559
is available to the trust.	125560

(b) The requirements of section 5747.011 of the Revised Code	125561
are satisfied for the trust's taxable year in which the trust	125562
recognizes the gain or loss.	125563

Any gain or loss that is not a qualifying trust amount is	125564
modified business income, qualifying investment income, or	125565
modified nonbusiness income, as the case may be.	125566

(3) "Modified nonbusiness income" means a trust's Ohio	125567
taxable income other than modified business income, other than the	125568
qualifying trust amount, and other than qualifying investment	125569
income, as defined in section 5747.012 of the Revised Code, to the	125570
extent such qualifying investment income is not otherwise part of	125571
modified business income.	125572

(4) "Modified Ohio taxable income" applies only to trusts,	125573
and means the sum of the amounts described in divisions (BB)(4)(a)	125574
to (c) of this section:	125575

(a) The fraction, calculated under section 5747.013, and	125576
applying section 5747.231 of the Revised Code, multiplied by the	125577
sum of the following amounts:	125578

(i) The trust's modified business income;

125579

(ii) The trust's qualifying investment income, as defined in	125580
section 5747.012 of the Revised Code, but only to the extent the	125581
qualifying investment income does not otherwise constitute	125582
modified business income and does not otherwise constitute a	125583
qualifying trust amount.	125584

(b) The qualifying trust amount multiplied by a fraction, the	125585
numerator of which is the sum of the book value of the qualifying	125586
investee's physical assets in this state on the last day of the	125587
qualifying investee's fiscal or calendar year ending immediately	125588
prior to the day on which the trust recognizes the qualifying	125589
trust amount, and the denominator of which is the sum of the book	125590
value of the qualifying investee's total physical assets	125591
everywhere on the last day of the qualifying investee's fiscal or	125592
calendar year ending immediately prior to the day on which the	125593
trust recognizes the qualifying trust amount. If, for a taxable	125594
year, the trust recognizes a qualifying trust amount with respect	125595
to more than one qualifying investee, the amount described in	125596
division (BB)(4)(b) of this section shall equal the sum of the	125597
products so computed for each such qualifying investee.	125598

(c)(i) With respect to a trust or portion of a trust that is	125599
a resident as ascertained in accordance with division (I)(3)(d) of	125600
this section, its modified nonbusiness income.	125601

(ii) With respect to a trust or portion of a trust that is	125602
not a resident as ascertained in accordance with division	125603
(I)(3)(d) of this section, the amount of its modified nonbusiness	125604
income satisfying the descriptions in divisions (B)(2) to (5) of	125605
section 5747.20 of the Revised Code, except as otherwise provided	125606
in division (BB)(4)(c)(ii) of this section. With respect to a	125607
trust or portion of a trust that is not a resident as ascertained	125608
in accordance with division (I)(3)(d) of this section, the trust's	125609
portion of modified nonbusiness income recognized from the sale,	125610
exchange, or other disposition of a debt interest in or equity	125611
interest in a section 5747.212 entity, as defined in section	125612
5747.212 of the Revised Code, without regard to division (A) of	125613
that section, shall not be allocated to this state in accordance	125614
with section 5747.20 of the Revised Code but shall be apportioned	125615
to this state in accordance with division (B) of section 5747.212	125616
of the Revised Code without regard to division (A) of that	125617
section.	125618

If the allocation and apportionment of a trust's income under	125619
divisions (BB)(4)(a) and (c) of this section do not fairly	125620
represent the modified Ohio taxable income of the trust in this	125621
state, the alternative methods described in division (C) of	125622
section 5747.21 of the Revised Code may be applied in the manner	125623
and to the same extent provided in that section.	125624

(5)(a) Except as set forth in division (BB)(5)(b) of this	125625
section, "qualifying investee" means a person in which a trust has	125626
an equity or ownership interest, or a person or unit of government	125627
the debt obligations of either of which are owned by a trust. For	125628
the purposes of division (BB)(2)(a) of this section and for the	125629
purpose of computing the fraction described in division (BB)(4)(b)	125630
of this section, all of the following apply:	125631

(i) If the qualifying investee is a member of a qualifying	125632
controlled group on the last day of the qualifying investee's	125633
fiscal or calendar year ending immediately prior to the date on	125634
which the trust recognizes the gain or loss, then "qualifying	125635
investee" includes all persons in the qualifying controlled group	125636
on such last day.	125637

(ii) If the qualifying investee, or if the qualifying	125638
investee and any members of the qualifying controlled group of	125639
which the qualifying investee is a member on the last day of the	125640
qualifying investee's fiscal or calendar year ending immediately	125641
prior to the date on which the trust recognizes the gain or loss,	125642
separately or cumulatively own, directly or indirectly, on the	125643
last day of the qualifying investee's fiscal or calendar year	125644
ending immediately prior to the date on which the trust recognizes	125645
the qualifying trust amount, more than fifty per cent of the	125646
equity of a pass-through entity, then the qualifying investee and	125647
the other members are deemed to own the proportionate share of the	125648
pass-through entity's physical assets which the pass-through	125649
entity directly or indirectly owns on the last day of the	125650
pass-through entity's calendar or fiscal year ending within or	125651
with the last day of the qualifying investee's fiscal or calendar	125652
year ending immediately prior to the date on which the trust	125653
recognizes the qualifying trust amount.	125654

(iii) For the purposes of division (BB)(5)(a)(iii) of this	125655
section, "upper level pass-through entity" means a pass-through	125656
entity directly or indirectly owning any equity of another	125657
pass-through entity, and "lower level pass-through entity" means	125658
that other pass-through entity.	125659

An upper level pass-through entity, whether or not it is also	125660
a qualifying investee, is deemed to own, on the last day of the	125661
upper level pass-through entity's calendar or fiscal year, the	125662
proportionate share of the lower level pass-through entity's	125663
physical assets that the lower level pass-through entity directly	125664
or indirectly owns on the last day of the lower level pass-through	125665
entity's calendar or fiscal year ending within or with the last	125666
day of the upper level pass-through entity's fiscal or calendar	125667
year. If the upper level pass-through entity directly and	125668
indirectly owns less than fifty per cent of the equity of the	125669
lower level pass-through entity on each day of the upper level	125670
pass-through entity's calendar or fiscal year in which or with	125671
which ends the calendar or fiscal year of the lower level	125672
pass-through entity and if, based upon clear and convincing	125673
evidence, complete information about the location and cost of the	125674
physical assets of the lower pass-through entity is not available	125675
to the upper level pass-through entity, then solely for purposes	125676
of ascertaining if a gain or loss constitutes a qualifying trust	125677
amount, the upper level pass-through entity shall be deemed as	125678
owning no equity of the lower level pass-through entity for each	125679
day during the upper level pass-through entity's calendar or	125680
fiscal year in which or with which ends the lower level	125681
pass-through entity's calendar or fiscal year. Nothing in division	125682
(BB)(5)(a)(iii) of this section shall be construed to provide for	125683
any deduction or exclusion in computing any trust's Ohio taxable	125684
income.	125685

(b) With respect to a trust that is not a resident for the	125686
taxable year and with respect to a part of a trust that is not a	125687
resident for the taxable year, "qualifying investee" for that	125688
taxable year does not include a C corporation if both of the	125689
following apply:	125690

(i) During the taxable year the trust or part of the trust	125691
recognizes a gain or loss from the sale, exchange, or other	125692
disposition of equity or ownership interests in, or debt	125693
obligations of, the C corporation.	125694

(ii) Such gain or loss constitutes nonbusiness income.

125695

(6) "Available" means information is such that a person is	125696
able to learn of the information by the due date plus extensions,	125697
if any, for filing the return for the taxable year in which the	125698
trust recognizes the gain or loss.	125699

(CC) "Qualifying controlled group" has the same meaning as in	125700
section 5733.04 of the Revised Code.	125701

(DD) "Related member" has the same meaning as in section	125702
5733.042 of the Revised Code.	125703

(EE)(1) For the purposes of division (EE) of this section:

125704

(a) "Qualifying person" means any person other than a	125705
qualifying corporation.	125706

(b) "Qualifying corporation" means any person classified for	125707
federal income tax purposes as an association taxable as a	125708
corporation, except either of the following:	125709

(i) A corporation that has made an election under subchapter	125710
S, chapter one, subtitle A, of the Internal Revenue Code for its	125711
taxable year ending within, or on the last day of, the investor's	125712
taxable year;	125713

(ii) A subsidiary that is wholly owned by any corporation	125714
that has made an election under subchapter S, chapter one,	125715
subtitle A of the Internal Revenue Code for its taxable year	125716
ending within, or on the last day of, the investor's taxable year.	125717

(2) For the purposes of this chapter, unless expressly stated	125718
otherwise, no qualifying person indirectly owns any asset directly	125719
or indirectly owned by any qualifying corporation.	125720

(FF) For purposes of this chapter and Chapter 5751. of the	125721
Revised Code:	125722

(1) "Trust" does not include a qualified pre-income tax	125723
trust.	125724

(2) A "qualified pre-income tax trust" is any pre-income tax	125725
trust that makes a qualifying pre-income tax trust election as	125726
described in division (FF)(3) of this section.	125727

(3) A "qualifying pre-income tax trust election" is an	125728
election by a pre-income tax trust to subject to the tax imposed	125729
by section 5751.02 of the Revised Code the pre-income tax trust	125730
and all pass-through entities of which the trust owns or controls,	125731
directly, indirectly, or constructively through related interests,	125732
five per cent or more of the ownership or equity interests. The	125733
trustee shall notify the tax commissioner in writing of the	125734
election on or before April 15, 2006. The election, if timely	125735
made, shall be effective on and after January 1, 2006, and shall	125736
apply for all tax periods and tax years until revoked by the	125737
trustee of the trust.	125738

(4) A "pre-income tax trust" is a trust that satisfies all of	125739
the following requirements:	125740

(a) The document or instrument creating the trust was	125741
executed by the grantor before January 1, 1972;	125742

(b) The trust became irrevocable upon the creation of the	125743
trust; and	125744

(c) The grantor was domiciled in this state at the time the	125745
trust was created.	125746

Sec. 5747.058. (A) A refundable income tax credit granted by	125747
the tax credit authority under section 122.17 or division (B)(2)	125748
or (3) of section 122.171 of the Revised Code may be claimed under	125749
this chapter, in the order required under section 5747.98 of the	125750
Revised Code. For purposes of making tax payments under this	125751
chapter, taxes equal to the amount of the refundable credit shall	125752
be considered to be paid to this state on the first day of the	125753
taxable year. The refundable credit shall not be claimed for any	125754
taxable years ending with or following the calendar year in which	125755
a relocation of employment positions occurs in violation of an	125756
agreement entered into under section 122.171 of the Revised Code.	125757

(B) A nonrefundable income tax credit granted by the tax	125758
credit authority under division (B)(1) of section 122.171 of the	125759
Revised Code may be claimed under this chapter, in the order	125760
required under section 5747.98 of the Revised Code.	125761

Sec. 5747.113. (A) Any taxpayer claiming a refund under	125762
section 5747.11 of the Revised Code ~~for taxable years ending on or~~	125763
~~after October 14, 1983,~~ who wishes to contribute any part of the	125764
taxpayer's refund to the natural areas and preserves fund created	125765
in section 1517.11 of the Revised Code, the nongame and endangered	125766
wildlife fund created in section 1531.26 of the Revised Code, the	125767
military injury relief fund created in section 5101.98 of the	125768
Revised Code, the Ohio historical society income tax contribution	125769
fund created in section 149.308 of the Revised Code, or all of	125770
those funds, may designate on the taxpayer's income tax return the	125771
amount that the taxpayer wishes to contribute to the fund or	125772
funds. A designated contribution is irrevocable upon the filing of	125773
the return and shall be made in the full amount designated if the	125774
refund found due the taxpayer upon the initial processing of the	125775
taxpayer's return, after any deductions including those required	125776
by section 5747.12 of the Revised Code, is greater than or equal	125777
to the designated contribution. If the refund due as initially	125778
determined is less than the designated contribution, the	125779
contribution shall be made in the full amount of the refund. The	125780
tax commissioner shall subtract the amount of the contribution	125781
from the amount of the refund initially found due the taxpayer and	125782
shall certify the difference to the director of budget and	125783
management and treasurer of state for payment to the taxpayer in	125784
accordance with section 5747.11 of the Revised Code. For the	125785
purpose of any subsequent determination of the taxpayer's net tax	125786
payment, the contribution shall be considered a part of the refund	125787
paid to the taxpayer.	125788

(B) The tax commissioner shall provide a space on the income	125789
tax return form in which a taxpayer may indicate that the taxpayer	125790
wishes to make a donation in accordance with this section. The tax	125791
commissioner shall also print in the instructions accompanying the	125792
income tax return form a description of the purposes for which the	125793
natural areas and preserves fund, the nongame and endangered	125794
wildlife fund, ~~and~~ the military injury relief fund, and the Ohio	125795
historical society income tax contribution fund were created and	125796
the use of moneys from the income tax refund contribution system	125797
established in this section. No person shall designate on the	125798
person's income tax return any part of a refund claimed under	125799
section 5747.11 of the Revised Code as a contribution to any fund	125800
other than the natural areas and preserves fund, the nongame and	125801
endangered wildlife fund, the military injury relief fund, or ~~all~~	125802
~~of those funds~~the Ohio historical society income tax contribution	125803
fund.	125804

(C) The money collected under the income tax refund	125805
contribution system established in this section shall be deposited	125806
by the tax commissioner into the natural areas and preserves fund,	125807
the nongame and endangered wildlife fund, ~~and~~ the military injury	125808
relief fund, and the Ohio historical society income tax	125809
contribution fund in the amounts designated on the tax returns.	125810

(D) No later than the thirtieth day of September each year,	125811
the tax commissioner shall determine the total amount contributed	125812
to each fund under this section during the preceding eight months,	125813
any adjustments to prior months, and the cost to the department of	125814
taxation of administering the income tax refund contribution	125815
system during that eight-month period. The commissioner shall make	125816
an additional determination no later than the thirty-first day of	125817
January of each year of the total amount contributed to each fund	125818
under this section during the preceding four calendar months, any	125819
adjustments to prior years made during that four-month period, and	125820
the cost to the department of taxation of administering the income	125821
tax contribution system during that period. The cost of	125822
administering the income tax contribution system shall be	125823
certified by the tax commissioner to the director of budget and	125824
management, who shall transfer an amount equal to ~~one-third~~	125825
one-fourth of such administrative costs from the natural areas and	125826
preserves fund, ~~one-third~~one-fourth of such costs from the	125827
nongame and endangered wildlife fund, ~~and one-third~~one-fourth of	125828
such costs from the military injury relief fund, and one-fourth of	125829
such costs from the Ohio historical society income tax	125830
contribution fund to the litter control and natural resource tax	125831
administration fund, which is hereby created, provided that the	125832
moneys that the department receives to pay the cost of	125833
administering the income tax refund contribution system in any	125834
year shall not exceed two and one-half per cent of the total	125835
amount contributed under that system during that year.	125836

(E)(1) The director of natural resources, in January of every	125837
odd-numbered year, shall report to the general assembly on the	125838
effectiveness of the income tax refund contribution system as it	125839
pertains to the natural areas and preserves fund and the nongame	125840
and endangered wildlife fund. The report shall include the amount	125841
of money contributed to each fund in each of the previous five	125842
years, the amount of money contributed directly to each fund in	125843
addition to or independently of the income tax refund contribution	125844
system in each of the previous five years, and the purposes for	125845
which the money was expended.	125846

(2) The director of job and family services and the director	125847
of the Ohio historical society, in January of every odd-numbered	125848
year, each shall report to the general assembly on the	125849
effectiveness of the income tax refund contribution system as it	125850
pertains to the military injury relief fund and the Ohio	125851
historical society income tax contribution fund, respectively. The	125852
report shall include the amount of money contributed to the fund	125853
in each of the previous five years, the amount of money	125854
contributed directly to the fund in addition to or independently	125855
of the income tax refund contribution system in each of the	125856
previous five years, and the purposes for which the money was	125857
expended.	125858

Sec. 5747.451. (A) The mere retirement from business or	125859
voluntary dissolution of a domestic or foreign qualifying entity	125860
does not exempt it from the requirements to make reports as	125861
required under sections 5747.42 to 5747.44 or to pay the taxes	125862
imposed under section 5733.41 or 5747.41 of the Revised Code. If	125863
any qualifying entity subject to the taxes imposed under section	125864
5733.41 or 5747.41 of the Revised Code sells its business or stock	125865
of merchandise or quits its business, the taxes required to be	125866
paid prior to that time, together with any interest or penalty	125867
thereon, become due and payable immediately, and the qualifying	125868
entity shall make a final return within fifteen days after the	125869
date of selling or quitting business. The successor of the	125870
qualifying entity shall withhold a sufficient amount of the	125871
purchase money to cover the amount of such taxes, interest, and	125872
penalties due and unpaid until the qualifying entity produces a	125873
receipt from the tax commissioner showing that the taxes,	125874
interest, and penalties have been paid, or a certificate	125875
indicating that no taxes are due. If the purchaser of the business	125876
or stock of goods fails to withhold purchase money, the purchaser	125877
is personally liable for the payment of the taxes, interest, and	125878
penalties accrued and unpaid during the operation of the business	125879
by the qualifying entity. If the amount of those taxes, interest,	125880
and penalty unpaid at the time of the purchase exceeds the total	125881
purchase money, the tax commissioner may adjust the qualifying	125882
entity's liability for those taxes, interest, and penalty, or	125883
adjust the responsibility of the purchaser to pay that liability,	125884
in a manner calculated to maximize the collection of those	125885
liabilities.	125886

(B) Annually, on the last day of each qualifying taxable year	125887
of a qualifying entity, the taxes imposed under section 5733.41 or	125888
5747.41 of the Revised Code, together with any penalties	125889
subsequently accruing thereon, become a lien on all property in	125890
this state of the qualifying entity, whether such property is	125891
employed by the qualifying entity in the prosecution of its	125892
business or is in the hands of an assignee, trustee, or receiver	125893
for the benefit of the qualifying entity's creditors and	125894
investors. The lien shall continue until those taxes, together	125895
with any penalties subsequently accruing, are paid.	125896

Upon failure of such a qualifying entity to pay those taxes	125897
on the day fixed for payment, the treasurer of state shall	125898
thereupon notify the tax commissioner, and the commissioner may	125899
file in the office of the county recorder in each county in this	125900
state in which the qualifying entity owns or has a beneficial	125901
interest in real estate, notice of the lien containing a brief	125902
description of such real estate. No fee shall be charged for such	125903
a filing. The lien is not valid as against any mortgagee,	125904
purchaser, or judgment creditor whose rights have attached prior	125905
to the time the notice is so filed in the county in which the real	125906
estate which is the subject of such mortgage, purchase, or	125907
judgment lien is located. The notice shall be recorded in a book	125908
kept by the recorder, called the qualifying entity tax lien	125909
record, and indexed under the name of the qualifying entity	125910
charged with the tax. When the tax, together with any penalties	125911
subsequently accruing thereon, have been paid, the tax	125912
commissioner shall furnish to the qualifying entity an	125913
acknowledgment of such payment that the qualifying entity may	125914
record with the recorder of each county in which notice of such	125915
lien has been filed, for which recording the recorder shall charge	125916
and receive a fee of two dollars.	125917

(C) In addition to all other remedies for the collection of	125918
any taxes or penalties due under law, whenever any taxes,	125919
interest, or penalties due from any qualifying entity under	125920
section 5733.41 of the Revised Code or this chapter have remained	125921
unpaid for a period of ninety days, or whenever any qualifying	125922
entity has failed for a period of ninety days to make any report	125923
or return required by law, or to pay any penalty for failure to	125924
make or file such report or return, the attorney general, upon the	125925
request of the tax commissioner, shall file a petition in the	125926
court of common pleas in the county of the state in which such	125927
qualifying entity has its principal place of business for a	125928
judgment for the amount of the taxes, interest, or penalties	125929
appearing to be due, the enforcement of any lien in favor of the	125930
state, and an injunction to restrain such qualifying entity and	125931
its officers, directors, and managing agents from the transaction	125932
of any business within this state, other than such acts as are	125933
incidental to liquidation or winding up, until the payment of such	125934
taxes, interest, and penalties, and the costs of the proceeding	125935
fixed by the court, or the making and filing of such report or	125936
return.	125937

The petition shall be in the name of the state. Any of the	125938
qualifying entities having its principal places of business in the	125939
county may be joined in one suit. On the motion of the attorney	125940
general, the court of common pleas shall enter an order requiring	125941
all defendants to answer by a day certain, and may appoint a	125942
special master commissioner to take testimony, with such other	125943
power and authority as the court confers, and permitting process	125944
to be served by registered mail and by publication in a newspaper	125945
of general circulation ~~published~~ in the county, which publication	125946
need not be made more than once, setting forth the name of each	125947
delinquent qualifying entity, the matter in which the qualifying	125948
entity is delinquent, the names of its officers, directors, and	125949
managing agents, if set forth in the petition, and the amount of	125950
any taxes, fees, or penalties claimed to be owing by the	125951
qualifying entity.	125952

All or any of the trustees or other fiduciaries, officers,	125953
directors, investors, beneficiaries, or managing agents of any	125954
qualifying entity may be joined as defendants with the qualifying	125955
entity.	125956

If it appears to the court upon hearing that any qualifying	125957
entity that is a party to the proceeding is indebted to the state	125958
for taxes imposed under section 5733.41 or 5747.41 of the Revised	125959
Code, or interest or penalties thereon, judgment shall be entered	125960
therefor with interest; and if it appears that any qualifying	125961
entity has failed to make or file any report or return, a	125962
mandatory injunction may be issued against the qualifying entity,	125963
its trustees or other fiduciaries, officers, directors, and	125964
managing agents, enjoining them from the transaction of any	125965
business within this state, other than acts incidental to	125966
liquidation or winding up, until the making and filing of all	125967
proper reports or returns and until the payment in full of all	125968
taxes, interest, and penalties.	125969

If the trustees or other fiduciaries, officers, directors,	125970
investors, beneficiaries, or managing agents of a qualifying	125971
entity are not made parties in the first instance, and a judgment	125972
or an injunction is rendered or issued against the qualifying	125973
entity, those officers, directors, investors, or managing agents	125974
may be made parties to such proceedings upon the motion of the	125975
attorney general, and, upon notice to them of the form and terms	125976
of such injunction, they shall be bound thereby as fully as if	125977
they had been made parties in the first instance.	125978

In any action authorized by this division, a statement of the	125979
tax commissioner, or the secretary of state, when duly certified,	125980
shall be prima-facie evidence of the amount of taxes, interest, or	125981
penalties due from any qualifying entity, or of the failure of any	125982
qualifying entity to file with the commissioner or the secretary	125983
of state any report required by law, and any such certificate of	125984
the commissioner or the secretary of state may be required in	125985
evidence in any such proceeding.	125986

On the application of any defendant and for good cause shown,	125987
the court may order a separate hearing of the issues as to any	125988
defendant.	125989

The costs of the proceeding shall be apportioned among the	125990
parties as the court deems proper.	125991

The court in such proceeding may make, enter, and enforce	125992
such other judgments and orders and grant such other relief as is	125993
necessary or incidental to the enforcement of the claims and lien	125994
of the state.	125995

In the performance of the duties enjoined upon the attorney	125996
general by this division, the attorney general may direct any	125997
prosecuting attorney to bring an action, as authorized by this	125998
division, in the name of the state with respect to any delinquent	125999
qualifying entities within the prosecuting attorney's county, and	126000
like proceedings and orders shall be had as if such action were	126001
instituted by the attorney general.	126002

(D) If any qualifying entity fails to make and file the	126003
reports or returns required under this chapter, or to pay the	126004
penalties provided by law for failure to make and file such	126005
reports or returns for a period of ninety days after the time	126006
prescribed by this chapter, the attorney general, on the request	126007
of the tax commissioner, shall commence an action in quo warranto	126008
in the court of appeals of the county in which that qualifying	126009
entity has its principal place of business to forfeit and annul	126010
its privileges and franchises. If the court is satisfied that any	126011
such qualifying entity is in default, it shall render judgment	126012
ousting such qualifying entity from the exercise of its privileges	126013
and franchises within this state, and shall otherwise proceed as	126014
provided in sections 2733.02 to 2733.39 of the Revised Code.	126015

Sec. 5747.46. As used in sections 5747.46 and 5747.47 of the	126016
Revised Code:	126017

(A) "Year's fund balance" means the amount credited to the	126018
public library fund during a calendar year.	126019

(B) "Distribution year" means the calendar year during which	126020
a year's fund balance is distributed under section 5747.47 of the	126021
Revised Code.	126022

(C) "CPI" means the consumer price index for all urban	126023
consumers (United States city average, all items), prepared by the	126024
United States department of labor, bureau of labor statistics.	126025

(D) "Inflation factor" means the quotient obtained by	126026
dividing the CPI for May of the year preceding the distribution	126027
year by the CPI for May of the second preceding year. If the	126028
quotient so obtained is less than one, the inflation factor shall	126029
equal one.	126030

(E) "Population" means whichever of the following has most	126031
recently been issued, as of the first day of June preceding the	126032
distribution year:	126033

(1) The most recent decennial census figures that include	126034
population figures for each county in the state;	126035

(2) The most current issue of "Current Population Reports:	126036
Local Population Estimates" issued by the United States bureau of	126037
the census that contains population estimates for each county in	126038
the state and the state.	126039

(F) "County's equalization ratio for a distribution year"	126040
means a percentage computed for that county as follows:	126041

(1) Square the per cent that the county's population is of	126042
the state's population;	126043

(2) Divide the product so obtained by the per cent that the	126044
county's total entitlement for the preceding year is of all	126045
counties' total entitlements for the preceding year;	126046

(3) Divide the quotient so obtained by the sum of the	126047
quotients so obtained for all counties.	126048

(G) "Total entitlement" means, with respect to a distribution	126049
year, the sum of a county's guaranteed share plus its share of the	126050
excess. For the 2012 distribution year, "total entitlement" equals	126051
the sum of payments made to a county public library fund during	126052
that year.	126053

(1) "Guaranteed share" means, for a distribution year, the	126054
product obtained by multiplying a county's total entitlement for	126055
the preceding distribution year by the ~~inflaction~~inflation	126056
factor. If the sum of the guaranteed shares for all counties	126057
exceeds the year's fund balance, the guaranteed shares of all	126058
counties shall be reduced by a percentage that will result in the	126059
sum of such guaranteed shares being equal to the year's fund	126060
balance.	126061

(2) "Share of excess" means, for a distribution year, the	126062
product obtained by multiplying a county's equalization ratio by	126063
the difference between the year's fund balance and the sum of the	126064
guaranteed shares for all counties. If the sum of the guaranteed	126065
shares for all counties exceeds the year's fund balance the share	126066
of the excess for all counties is zero.	126067

(H) "Net distribution" means the sum of the payments made to	126068
a county's public library fund during a distribution year,	126069
adjusted as follows:	126070

(1) If the county received an overpayment during the	126071
preceding distribution year, add the amount of the overpayment;	126072

(2) If the county received an underpayment during the	126073
preceding distribution year, deduct the amount of the	126074
underpayment.	126075

(I) "Overpayment" or "underpayment" for a distribution year	126076
means the amount by which the net distribution to a county's	126077
public library fund during that distribution year exceeded or was	126078
less than the county's total entitlement for that year.	126079

All computations made under this section shall be rounded to	126080
the nearest one-hundredth of one per cent.	126081

Sec. 5747.51. (A) On or before the twenty-fifth day of July	126082
of each year, the tax commissioner shall make and certify to the	126083
county auditor of each county an estimate of the amount of the	126084
local government fund to be allocated to the undivided local	126085
government fund of each county for the ensuing calendar year ~~and~~	126086
~~the estimated amount to be received by the undivided local~~	126087
~~government fund of each county from the taxes levied pursuant to~~	126088
~~section 5707.03 of the Revised Code for the ensuing calendar year~~.	126089

(B) At each annual regular session of the county budget	126090
commission convened pursuant to section 5705.27 of the Revised	126091
Code, each auditor shall present to the commission the certificate	126092
of the commissioner, the annual tax budget and estimates, and the	126093
records showing the action of the commission in its last preceding	126094
regular session. ~~The estimates shown on the certificate of the~~	126095
~~commissioner of the amount to be allocated from the local~~	126096
~~government fund and the amount to be received from taxes levied~~	126097
~~pursuant to section 5707.03 of the Revised Code shall be combined~~	126098
~~into one total comprising the estimate of the undivided local~~	126099
~~government fund of the county.~~ The commission, after extending to	126100
the representatives of each subdivision an opportunity to be	126101
heard, under oath administered by any member of the commission,	126102
and considering all the facts and information presented to it by	126103
the auditor, shall determine the amount of the undivided local	126104
government fund needed by and to be apportioned to each	126105
subdivision for current operating expenses, as shown in the tax	126106
budget of the subdivision. This determination shall be made	126107
pursuant to divisions (C) to (I) of this section, unless the	126108
commission has provided for a formula pursuant to section 5747.53	126109
of the Revised Code.	126110

Nothing in this section prevents the budget commission, for	126111
the purpose of apportioning the undivided local government fund,	126112
from inquiring into the claimed needs of any subdivision as stated	126113
in its tax budget, or from adjusting claimed needs to reflect	126114
actual needs. For the purposes of this section, "current operating	126115
expenses" means the lawful expenditures of a subdivision, except	126116
those for permanent improvements and except payments for interest,	126117
sinking fund, and retirement of bonds, notes, and certificates of	126118
indebtedness of the subdivision.	126119

(C) The commission shall determine the combined total of the	126120
estimated expenditures, including transfers, from the general fund	126121
and any special funds other than special funds established for	126122
road and bridge; street construction, maintenance, and repair;	126123
state highway improvement; and gas, water, sewer, and electric	126124
public utilities operated by a subdivision, as shown in the	126125
subdivision's tax budget for the ensuing calendar year.	126126

(D) From the combined total of expenditures calculated	126127
pursuant to division (C) of this section, the commission shall	126128
deduct the following expenditures, if included in these funds in	126129
the tax budget:	126130

(1) Expenditures for permanent improvements as defined in	126131
division (E) of section 5705.01 of the Revised Code;	126132

(2) In the case of counties and townships, transfers to the	126133
road and bridge fund, and in the case of municipalities, transfers	126134
to the street construction, maintenance, and repair fund and the	126135
state highway improvement fund;	126136

(3) Expenditures for the payment of debt charges;

126137

(4) Expenditures for the payment of judgments.

126138

(E) In addition to the deductions made pursuant to division	126139
(D) of this section, revenues accruing to the general fund and any	126140
special fund considered under division (C) of this section from	126141
the following sources shall be deducted from the combined total of	126142
expenditures calculated pursuant to division (C) of this section:	126143

(1) Taxes levied within the ten-mill limitation, as defined	126144
in section 5705.02 of the Revised Code;	126145

(2) The budget commission allocation of estimated county	126146
public library fund revenues to be distributed pursuant to section	126147
5747.48 of the Revised Code;	126148

(3) Estimated unencumbered balances as shown on the tax	126149
budget as of the thirty-first day of December of the current year	126150
in the general fund, but not any estimated balance in any special	126151
fund considered in division (C) of this section;	126152

(4) Revenue, including transfers, shown in the general fund	126153
and any special funds other than special funds established for	126154
road and bridge; street construction, maintenance, and repair;	126155
state highway improvement; and gas, water, sewer, and electric	126156
public utilities, from all other sources except those that a	126157
subdivision receives from an additional tax or service charge	126158
voted by its electorate or receives from special assessment or	126159
revenue bond collection. For the purposes of this division, where	126160
the charter of a municipal corporation prohibits the levy of an	126161
income tax, an income tax levied by the legislative authority of	126162
such municipal corporation pursuant to an amendment of the charter	126163
of that municipal corporation to authorize such a levy represents	126164
an additional tax voted by the electorate of that municipal	126165
corporation. For the purposes of this division, any measure	126166
adopted by a board of county commissioners pursuant to section	126167
322.02, 324.02, 4504.02, or 5739.021 of the Revised Code,	126168
including those measures upheld by the electorate in a referendum	126169
conducted pursuant to section 322.021, 324.021, 4504.021, or	126170
5739.022 of the Revised Code, shall not be considered an	126171
additional tax voted by the electorate.	126172

Subject to division (G) of section 5705.29 of the Revised	126173
Code, money in a reserve balance account established by a county,	126174
township, or municipal corporation under section 5705.13 of the	126175
Revised Code shall not be considered an unencumbered balance or	126176
revenue under division (E)(3) or (4) of this section. Money in a	126177
reserve balance account established by a township under section	126178
5705.132 of the Revised Code shall not be considered an	126179
unencumbered balance or revenue under division (E)(3) or (4) of	126180
this section.	126181

If a county, township, or municipal corporation has created	126182
and maintains a nonexpendable trust fund under section 5705.131 of	126183
the Revised Code, the principal of the fund, and any additions to	126184
the principal arising from sources other than the reinvestment of	126185
investment earnings arising from such a fund, shall not be	126186
considered an unencumbered balance or revenue under division	126187
(E)(3) or (4) of this section. Only investment earnings arising	126188
from investment of the principal or investment of such additions	126189
to principal may be considered an unencumbered balance or revenue	126190
under those divisions.	126191

(F) The total expenditures calculated pursuant to division	126192
(C) of this section, less the deductions authorized in divisions	126193
(D) and (E) of this section, shall be known as the "relative need"	126194
of the subdivision, for the purposes of this section.	126195

(G) The budget commission shall total the relative need of	126196
all participating subdivisions in the county, and shall compute a	126197
relative need factor by dividing the total estimate of the	126198
undivided local government fund by the total relative need of all	126199
participating subdivisions.	126200

(H) The relative need of each subdivision shall be multiplied	126201
by the relative need factor to determine the proportionate share	126202
of the subdivision in the undivided local government fund of the	126203
county; provided, that the maximum proportionate share of a county	126204
shall not exceed the following maximum percentages of the total	126205
estimate of the undivided local government fund governed by the	126206
relationship of the percentage of the population of the county	126207
that resides within municipal corporations within the county to	126208
the total population of the county as reported in the reports on	126209
population in Ohio by the department of development as of the	126210
twentieth day of July of the year in which the tax budget is filed	126211
with the budget commission:	126212

Percentage of municipal population within the county:	Percentage share of the county shall not exceed:	126213
		126214
Less than forty-one per cent	Sixty per cent	126215
Forty-one per cent or more but less than eighty-one per cent	Fifty per cent	126216
Eighty-one per cent or more	Thirty per cent	126217

Where the proportionate share of the county exceeds the	126218
limitations established in this division, the budget commission	126219
shall adjust the proportionate shares determined pursuant to this	126220
division so that the proportionate share of the county does not	126221
exceed these limitations, and it shall increase the proportionate	126222
shares of all other subdivisions on a pro rata basis. In counties	126223
having a population of less than one hundred thousand, not less	126224
than ten per cent shall be distributed to the townships therein.	126225

(I) The proportionate share of each subdivision in the	126226
undivided local government fund determined pursuant to division	126227
(H) of this section for any calendar year shall not be less than	126228
the product of the average of the percentages of the undivided	126229
local government fund of the county as apportioned to that	126230
subdivision for the calendar years 1968, 1969, and 1970,	126231
multiplied by the total amount of the undivided local government	126232
fund of the county apportioned pursuant to former section 5735.23	126233
of the Revised Code for the calendar year 1970. For the purposes	126234
of this division, the total apportioned amount for the calendar	126235
year 1970 shall be the amount actually allocated to the county in	126236
1970 from the state collected intangible tax as levied by section	126237
5707.03 of the Revised Code and distributed pursuant to section	126238
5725.24 of the Revised Code, plus the amount received by the	126239
county in the calendar year 1970 pursuant to division (B)(1) of	126240
former section 5739.21 of the Revised Code, and distributed	126241
pursuant to former section 5739.22 of the Revised Code. If the	126242
total amount of the undivided local government fund for any	126243
calendar year is less than the amount of the undivided local	126244
government fund apportioned pursuant to former section 5739.23 of	126245
the Revised Code for the calendar year 1970, the minimum amount	126246
guaranteed to each subdivision for that calendar year pursuant to	126247
this division shall be reduced on a basis proportionate to the	126248
amount by which the amount of the undivided local government fund	126249
for that calendar year is less than the amount of the undivided	126250
local government fund apportioned for the calendar year 1970.	126251

(J) On the basis of such apportionment, the county auditor	126252
shall compute the percentage share of each such subdivision in the	126253
undivided local government fund and shall at the same time certify	126254
to the tax commissioner the percentage share of the county as a	126255
subdivision. No payment shall be made from the undivided local	126256
government fund, except in accordance with such percentage shares.	126257

Within ten days after the budget commission has made its	126258
apportionment, whether conducted pursuant to section 5747.51 or	126259
5747.53 of the Revised Code, the auditor shall publish a list of	126260
the subdivisions and the amount each is to receive from the	126261
undivided local government fund and the percentage share of each	126262
subdivision, in a newspaper or newspapers of countywide	126263
circulation, and send a copy of such allocation to the tax	126264
commissioner.	126265

The county auditor shall also send by certified mail, return	126266
receipt requested, a copy of such allocation to the fiscal officer	126267
of each subdivision entitled to participate in the allocation of	126268
the undivided local government fund of the county. This copy shall	126269
constitute the official notice of the commission action referred	126270
to in section 5705.37 of the Revised Code.	126271

All money received into the treasury of a subdivision from	126272
the undivided local government fund in a county treasury shall be	126273
paid into the general fund and used for the current operating	126274
expenses of the subdivision.	126275

If a municipal corporation maintains a municipal university,	126276
such municipal university, when the board of trustees so requests	126277
the legislative authority of the municipal corporation, shall	126278
participate in the money apportioned to such municipal corporation	126279
from the total local government fund, however created and	126280
constituted, in such amount as requested by the board of trustees,	126281
provided such sum does not exceed nine per cent of the total	126282
amount paid to the municipal corporation.	126283

If any public official fails to maintain the records required	126284
by sections 5747.50 to 5747.55 of the Revised Code or by the rules	126285
issued by the tax commissioner, the auditor of state, or the	126286
treasurer of state pursuant to such sections, or fails to comply	126287
with any law relating to the enforcement of such sections, the	126288
local government fund money allocated to the county may be	126289
withheld until such time as the public official has complied with	126290
such sections or such law or the rules issued pursuant thereto.	126291

Sec. 5747.81. (A) Any term used in this section that is	126292
defined in section 122.86 of the Revised Code has the same meaning	126293
as defined in that section.	126294

(B) For the purpose of encouraging new capital investment in	126295
small businesses in this state and thereby promoting the economic	126296
welfare of all Ohioans, a nonrefundable credit is allowed against	126297
the tax imposed by section 5747.02 of the Revised Code for a	126298
taxpayer to whom a small business investment certificate was	126299
issued under section 122.86 of the Revised Code if the taxpayer	126300
did not sell or otherwise dispose of the qualifying investment	126301
before the conclusion of the applicable holding period and if the	126302
small business enterprise on the basis of which the certificate	126303
was issued is included in the register maintained under division	126304
(D) of section 122.86 of the Revised Code.	126305

The credit shall be claimed for the taxpayer's taxable year	126306
that includes the last day of the holding period of the qualifying	126307
investment. If the certificate was issued to a pass-through entity	126308
that made the qualifying investment, a taxpayer that holds a	126309
direct or indirect equity interest in the pass-through entity on	126310
the last day of the entity's taxable year that includes the last	126311
day of the holding period may claim the taxpayer's distributive or	126312
proportionate share of the credit for the taxpayer's taxable year	126313
that includes the last day of the entity's taxable year.	126314

The credit equals the amount of the taxpayer's qualifying	126315
investment as indicated on the certificate multiplied by ten per	126316
cent. If a taxpayer claims a credit on the basis of more than one	126317
small business investment certificate issued for the same fiscal	126318
biennium, including a certificate issued to a pass-through entity	126319
in which the taxpayer owns an equity interest, the total amount of	126320
credit claimed by the taxpayer on the basis of all such	126321
certificates shall not exceed one million dollars. If a taxpayer	126322
and the taxpayer's spouse file a joint return under section	126323
5747.08 of the Revised Code, the credit shall be computed on the	126324
basis of the total qualifying investments made by both spouses or	126325
by any pass-through entities in which either spouse owns an equity	126326
interest, but the total amount of credit claimed on the basis of	126327
all certificates issued to the spouses or to such pass-through	126328
entities for a fiscal biennium shall not exceed two million	126329
dollars.	126330

The credit shall be claimed in the order prescribed by	126331
section 5747.98 of the Revised Code. If the credit exceeds the	126332
amount of tax otherwise due for the taxable year, the excess may	126333
be carried forward and applied against the tax due for not more	126334
than seven succeeding taxable years, provided that the amount	126335
applied to the tax due for any taxable year shall be subtracted	126336
from the amount available to carry forward to succeeding years.	126337

Sec. 5747.98. (A) To provide a uniform procedure for	126338
calculating the amount of tax due under section 5747.02 of the	126339
Revised Code, a taxpayer shall claim any credits to which the	126340
taxpayer is entitled in the following order:	126341

(1) The retirement income credit under division (B) of	126342
section 5747.055 of the Revised Code;	126343

(2) The senior citizen credit under division (C) of section	126344
5747.05 of the Revised Code;	126345

(3) The lump sum distribution credit under division (D) of	126346
section 5747.05 of the Revised Code;	126347

(4) The dependent care credit under section 5747.054 of the	126348
Revised Code;	126349

(5) The lump sum retirement income credit under division (C)	126350
of section 5747.055 of the Revised Code;	126351

(6) The lump sum retirement income credit under division (D)	126352
of section 5747.055 of the Revised Code;	126353

(7) The lump sum retirement income credit under division (E)	126354
of section 5747.055 of the Revised Code;	126355

(8) The low-income credit under section 5747.056 of the	126356
Revised Code;	126357

(9) The credit for displaced workers who pay for job training	126358
under section 5747.27 of the Revised Code;	126359

(10) The campaign contribution credit under section 5747.29	126360
of the Revised Code;	126361

(11) The twenty-dollar personal exemption credit under	126362
section 5747.022 of the Revised Code;	126363

(12) The joint filing credit under division (G) of section	126364
5747.05 of the Revised Code;	126365

(13) The nonresident credit under division (A) of section	126366
5747.05 of the Revised Code;	126367

(14) The credit for a resident's out-of-state income under	126368
division (B) of section 5747.05 of the Revised Code;	126369

(15) The credit for employers that enter into agreements with	126370
child day-care centers under section 5747.34 of the Revised Code;	126371

(16) The credit for employers that reimburse employee child	126372
care expenses under section 5747.36 of the Revised Code;	126373

(17) The credit for adoption of a minor child under section	126374
5747.37 of the Revised Code;	126375

(18) The credit for purchases of lights and reflectors under	126376
section 5747.38 of the Revised Code;	126377

(19) The nonrefundable job retention credit under division	126378
(B) of section 5747.058 of the Revised Code;	126379

(20) The credit for selling alternative fuel under section	126380
5747.77 of the Revised Code;	126381

(21) The second credit for purchases of new manufacturing	126382
machinery and equipment and the credit for using Ohio coal under	126383
section 5747.31 of the Revised Code;	126384

(22) The job training credit under section 5747.39 of the	126385
Revised Code;	126386

(23) The enterprise zone credit under section 5709.66 of the	126387
Revised Code;	126388

(24) The credit for the eligible costs associated with a	126389
voluntary action under section 5747.32 of the Revised Code;	126390

(25) The credit for employers that establish on-site child	126391
day-care centers under section 5747.35 of the Revised Code;	126392

(26) The ethanol plant investment credit under section	126393
5747.75 of the Revised Code;	126394

(27) The credit for purchases of qualifying grape production	126395
property under section 5747.28 of the Revised Code;	126396

(28) The ~~export sales credit under section 5747.057~~small	126397
business investment credit under section 5747.81 of the Revised	126398
Code;	126399

(29) The credit for research and development and technology	126400
transfer investors under section 5747.33 of the Revised Code;	126401

(30) The enterprise zone credits under section 5709.65 of the	126402
Revised Code;	126403

(31) The research and development credit under section	126404
5747.331 of the Revised Code;	126405

(32) The credit for rehabilitating a historic building under	126406
section 5747.76 of the Revised Code;	126407

(33) The refundable credit for rehabilitating a historic	126408
building under section 5747.76 of the Revised Code;	126409

(34) The refundable jobs creation credit or job retention	126410
credit under division (A) of section 5747.058 of the Revised Code;	126411

(35) The refundable credit for taxes paid by a qualifying	126412
entity granted under section 5747.059 of the Revised Code;	126413

(36) The refundable credits for taxes paid by a qualifying	126414
pass-through entity granted under division (J) of section 5747.08	126415
of the Revised Code;	126416

(37) The refundable credit for tax withheld under division	126417
(B)(1) of section 5747.062 of the Revised Code;	126418

(38) The refundable credit for tax withheld under section	126419
5747.063 of the Revised Code;	126420

(39) The refundable credit under section 5747.80 of the	126421
Revised Code for losses on loans made to the Ohio venture capital	126422
program under sections 150.01 to 150.10 of the Revised Code;	126423

(40) The refundable motion picture production credit under	126424
section 5747.66 of the Revised Code.	126425

(B) For any credit, except the refundable credits enumerated	126426
in this section and the credit granted under division (I) of	126427
section 5747.08 of the Revised Code, the amount of the credit for	126428
a taxable year shall not exceed the tax due after allowing for any	126429
other credit that precedes it in the order required under this	126430
section. Any excess amount of a particular credit may be carried	126431
forward if authorized under the section creating that credit.	126432
Nothing in this chapter shall be construed to allow a taxpayer to	126433
claim, directly or indirectly, a credit more than once for a	126434
taxable year.	126435

Sec. 5748.01. As used in this chapter:

126436

(A) "School district income tax" means an income tax adopted	126437
under one of the following:	126438

(1) Former section 5748.03 of the Revised Code as it existed	126439
prior to its repeal by Amended Substitute House Bill No. 291 of	126440
the 115th general assembly;	126441

(2) Section 5748.03 of the Revised Code as enacted in	126442
Substitute Senate Bill No. 28 of the 118th general assembly;	126443

(3) Section 5748.08 of the Revised Code as enacted in Amended	126444
Substitute Senate Bill No. 17 of the 122nd general assembly;	126445

(4) Section 5748.021 of the Revised Code;

126446

(5) Section 5748.081 of the Revised Code;

126447

(6) Section 5748.09 of the Revised Code.

126448

(B) "Individual" means an individual subject to the tax	126449
levied by section 5747.02 of the Revised Code.	126450

(C) "Estate" means an estate subject to the tax levied by	126451
section 5747.02 of the Revised Code.	126452

(D) "Taxable year" means a taxable year as defined in	126453
division (M) of section 5747.01 of the Revised Code.	126454

(E) "Taxable income" means:

126455

(1) In the case of an individual, one of the following, as	126456
specified in the resolution imposing the tax:	126457

(a) Ohio adjusted gross income for the taxable year as	126458
defined in division (A) of section 5747.01 of the Revised Code,	126459
less the exemptions provided by section 5747.02 of the Revised	126460
Code;	126461

(b) Wages, salaries, tips, and other employee compensation to	126462
the extent included in Ohio adjusted gross income as defined in	126463
section 5747.01 of the Revised Code, and net earnings from	126464
self-employment, as defined in section 1402(a) of the Internal	126465
Revenue Code, to the extent included in Ohio adjusted gross	126466
income.	126467

(2) In the case of an estate, taxable income for the taxable	126468
year as defined in division (S) of section 5747.01 of the Revised	126469
Code.	126470

(F) "Resident" of the school district means:

126471

(1) An individual who is a resident of this state as defined	126472
in division (I) of section 5747.01 of the Revised Code during all	126473
or a portion of the taxable year and who, during all or a portion	126474
of such period of state residency, is domiciled in the school	126475
district or lives in and maintains a permanent place of abode in	126476
the school district;	126477

(2) An estate of a decedent who, at the time of death, was	126478
domiciled in the school district.	126479

(G) "School district income" means:

126480

(1) With respect to an individual, the portion of the taxable	126481
income of an individual that is received by the individual during	126482
the portion of the taxable year that the individual is a resident	126483
of the school district and the school district income tax is in	126484
effect in that school district. An individual may have school	126485
district income with respect to more than one school district.	126486

(2) With respect to an estate, the taxable income of the	126487
estate for the portion of the taxable year that the school	126488
district income tax is in effect in that school district.	126489

(H) "Taxpayer" means an individual or estate having school	126490
district income upon which a school district income tax is	126491
imposed.	126492

(I) "School district purposes" means any of the purposes for	126493
which a tax may be levied pursuant to section 5705.21 of the	126494
Revised Code, including the combined purposes authorized by	126495
section 5705.217 of the Revised Code.	126496

Sec. 5748.02. (A) The board of education of any school	126497
district, except a joint vocational school district, may declare,	126498
by resolution, the necessity of raising annually a specified	126499
amount of money for school district purposes. The resolution shall	126500
specify whether the income that is to be subject to the tax is	126501
taxable income of individuals and estates as defined in divisions	126502
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	126503
taxable income of individuals as defined in division (E)(1)(b) of	126504
that section. A copy of the resolution shall be certified to the	126505
tax commissioner no later than one hundred days prior to the date	126506
of the election at which the board intends to propose a levy under	126507
this section. Upon receipt of the copy of the resolution, the tax	126508
commissioner shall estimate both of the following:	126509

(1) The property tax rate that would have to be imposed in	126510
the current year by the district to produce an equivalent amount	126511
of money;	126512

(2) The income tax rate that would have had to have been in	126513
effect for the current year to produce an equivalent amount of	126514
money from a school district income tax.	126515

Within ten days of receiving the copy of the board's	126516
resolution, the commissioner shall prepare these estimates and	126517
certify them to the board. Upon receipt of the certification, the	126518
board may adopt a resolution proposing an income tax under	126519
division (B) of this section at the estimated rate contained in	126520
the certification rounded to the nearest one-fourth of one per	126521
cent. The commissioner's certification applies only to the board's	126522
proposal to levy an income tax at the election for which the board	126523
requested the certification. If the board intends to submit a	126524
proposal to levy an income tax at any other election, it shall	126525
request another certification for that election in the manner	126526
prescribed in this division.	126527

(B)(1) Upon the receipt of a certification from the tax	126528
commissioner under division (A) of this section, a majority of the	126529
members of a board of education may adopt a resolution proposing	126530
the levy of an annual tax for school district purposes on school	126531
district income. The proposed levy may be for a continuing period	126532
of time or for a specified number of years. The resolution shall	126533
set forth the purpose for which the tax is to be imposed, the rate	126534
of the tax, which shall be the rate set forth in the	126535
commissioner's certification rounded to the nearest one-fourth of	126536
one per cent, the number of years the tax will be levied or that	126537
it will be levied for a continuing period of time, the date on	126538
which the tax shall take effect, which shall be the first day of	126539
January of any year following the year in which the question is	126540
submitted, and the date of the election at which the proposal	126541
shall be submitted to the electors of the district, which shall be	126542
on the date of a primary, general, or special election the date of	126543
which is consistent with section 3501.01 of the Revised Code. The	126544
resolution shall specify whether the income that is to be subject	126545
to the tax is taxable income of individuals and estates as defined	126546
in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised	126547
Code or taxable income of individuals as defined in division	126548
(E)(1)(b) of that section. The specification shall be the same as	126549
the specification in the resolution adopted and certified under	126550
division (A) of this section.	126551

If the tax is to be levied for current expenses and permanent	126552
improvements, the resolution shall apportion the annual rate of	126553
the tax. The apportionment may be the same or different for each	126554
year the tax is levied, but the respective portions of the rate	126555
actually levied each year for current expenses and for permanent	126556
improvements shall be limited by the apportionment.	126557

If the board of education currently imposes an income tax	126558
pursuant to this chapter that is due to expire and a question is	126559
submitted under this section for a proposed income tax to take	126560
effect upon the expiration of the existing tax, the board may	126561
specify in the resolution that the proposed tax renews the	126562
expiring tax. Two or more expiring income taxes may be renewed	126563
under this paragraph if the taxes are due to expire on the same	126564
date. If the tax rate being proposed is no higher than the total	126565
tax rate imposed by the expiring tax or taxes, the resolution may	126566
state that the proposed tax is not an additional income tax.	126567

(2) A board of education adopting a resolution under division	126568
(B)(1) of this section proposing a school district income tax for	126569
a continuing period of time and limited to the purpose of current	126570
expenses may propose in that resolution to reduce the rate or	126571
rates of one or more of the school district's property taxes	126572
levied for a continuing period of time in excess of the ten-mill	126573
limitation for the purpose of current expenses. The reduction in	126574
the rate of a property tax may be any amount, expressed in mills	126575
per one dollar in valuation, not exceeding the rate at which the	126576
tax is authorized to be levied. The reduction in the rate of a tax	126577
shall first take effect for the tax year that includes the day on	126578
which the school district income tax first takes effect, and shall	126579
continue for each tax year that both the school district income	126580
tax and the property tax levy are in effect.	126581

In addition to the matters required to be set forth in the	126582
resolution under division (B)(1) of this section, a resolution	126583
containing a proposal to reduce the rate of one or more property	126584
taxes shall state for each such tax the maximum rate at which it	126585
currently may be levied and the maximum rate at which the tax	126586
could be levied after the proposed reduction, expressed in mills	126587
per one dollar in valuation, and that the tax is levied for a	126588
continuing period of time.	126589

If a board of education proposes to reduce the rate of one or	126590
more property taxes under division (B)(2) of this section, the	126591
board, when it makes the certification required under division (A)	126592
of this section, shall designate the specific levy or levies to be	126593
reduced, the maximum rate at which each levy currently is	126594
authorized to be levied, and the rate by which each levy is	126595
proposed to be reduced. The tax commissioner, when making the	126596
certification to the board under division (A) of this section,	126597
also shall certify the reduction in the total effective tax rate	126598
for current expenses for each class of property that would have	126599
resulted if the proposed reduction in the rate or rates had been	126600
in effect the previous tax year. As used in this paragraph,	126601
"effective tax rate" has the same meaning as in section 323.08 of	126602
the Revised Code.	126603

(C) A resolution adopted under division (B) of this section	126604
shall go into immediate effect upon its passage, and no	126605
publication of the resolution shall be necessary other than that	126606
provided for in the notice of election. Immediately after its	126607
adoption and at least ninety days prior to the election at which	126608
the question will appear on the ballot, a copy of the resolution	126609
shall be certified to the board of elections of the proper county,	126610
which shall submit the proposal to the electors on the date	126611
specified in the resolution. The form of the ballot shall be as	126612
provided in section 5748.03 of the Revised Code. Publication of	126613
notice of the election shall be made in ~~one or more newspapers~~a	126614
newspaper of general circulation in the county once a week for two	126615
consecutive weeks, or as provided in section 7.16 of the Revised	126616
Code, prior to the election~~, and, if~~. If the board of elections	126617
operates and maintains a web site, the board of elections shall	126618
post notice of the election on its web site for thirty days prior	126619
to the election. The notice shall contain the time and place of	126620
the election and the question to be submitted to the electors. The	126621
question covered by the resolution shall be submitted as a	126622
separate proposition, but may be printed on the same ballot with	126623
any other proposition submitted at the same election, other than	126624
the election of officers.	126625

(D) No board of education shall submit the question of a tax	126626
on school district income to the electors of the district more	126627
than twice in any calendar year. If a board submits the question	126628
twice in any calendar year, one of the elections on the question	126629
shall be held on the date of the general election.	126630

(E)(1) No board of education may submit to the electors of	126631
the district the question of a tax on school district income on	126632
the taxable income of individuals as defined in division (E)(1)(b)	126633
of section 5748.01 of the Revised Code if that tax would be in	126634
addition to an existing tax on the taxable income of individuals	126635
and estates as defined in divisions (E)(1)(a) and (2) of that	126636
section.	126637

(2) No board of education may submit to the electors of the	126638
district the question of a tax on school district income on the	126639
taxable income of individuals and estates as defined in divisions	126640
(E)(1)(a) and (2) of section 5748.01 of the Revised Code if that	126641
tax would be in addition to an existing tax on the taxable income	126642
of individuals as defined in division (E)(1)(b) of that section.	126643

Sec. 5748.021. A board of education that levies a tax under	126644
section 5748.02 of the Revised Code on the school district income	126645
of individuals and estates as defined in divisions (G) and	126646
(E)(1)(a) and (2) of section 5748.01 of the Revised Code may	126647
declare, at any time, by a resolution adopted by a majority of its	126648
members, the necessity of raising annually a specified amount of	126649
money for school district purposes by replacing the existing tax	126650
with a tax on the school district income of individuals as defined	126651
in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the	126652
Revised Code. The specified amount of money to be raised annually	126653
may be the same as, or more or less than, the amount of money	126654
raised annually by the existing tax.	126655

The board shall certify a copy of the resolution to the tax	126656
commissioner not later than the eighty-fifth day before the date	126657
of the election at which the board intends to propose the	126658
replacement to the electors of the school district. Not later than	126659
the tenth day after receiving the resolution, the tax commissioner	126660
shall estimate the tax rate that would be required in the school	126661
district annually to raise the amount of money specified in the	126662
resolution. The tax commissioner shall certify the estimate to the	126663
board.	126664

Upon receipt of the tax commissioner's estimate, the board	126665
may propose, by a resolution adopted by a majority of its members,	126666
to replace the existing tax on the school district income of	126667
individuals and estates as defined in divisions (G) and (E)(1)(a)	126668
and (2) of section 5748.01 of the Revised Code with the levy of an	126669
annual tax on the school district income of individuals as defined	126670
in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the	126671
Revised Code. In the resolution, the board shall specify the rate	126672
of the replacement tax, whether the replacement tax is to be	126673
levied for a specified number of years or for a continuing time,	126674
the specific school district purposes for which the replacement	126675
tax is to be levied, the date on which the replacement tax will	126676
begin to be levied, the date of the election at which the question	126677
of the replacement is to be submitted to the electors of the	126678
school district, that the existing tax will cease to be levied and	126679
the replacement tax will begin to be levied if the replacement is	126680
approved by a majority of the electors voting on the replacement,	126681
and that if the replacement is not approved by a majority of the	126682
electors voting on the replacement the existing tax will remain in	126683
effect under its original authority for the remainder of its	126684
previously approved term. The resolution goes into immediate	126685
effect upon its adoption. Publication of the resolution is not	126686
necessary, and the information that will be provided in the notice	126687
of election is sufficient notice. At least seventy-five days	126688
before the date of the election at which the question of the	126689
replacement will be submitted to the electors of the school	126690
district, the board shall certify a copy of the resolution to the	126691
board of elections.	126692

The replacement tax shall have the same specific school	126693
district purposes as the existing tax, and its rate shall be the	126694
same as the tax commissioner's estimate rounded to the nearest	126695
one-fourth of one per cent. The replacement tax shall begin to be	126696
levied on the first day of January of the year following the year	126697
in which the question of the replacement is submitted to and	126698
approved by the electors of the school district or on the first	126699
day of January of a later year, as specified in the resolution.	126700
The date of the election shall be the date of an otherwise	126701
scheduled primary, general, or special election.	126702

The board of elections shall make arrangements to submit the	126703
question of the replacement to the electors of the school district	126704
on the date specified in the resolution. The board of elections	126705
shall publish notice of the election on the question of the	126706
replacement in one ~~or more newspapers~~newspaper of general	126707
circulation in the school district once a week for four	126708
consecutive weeks or as provided in section 7.16 of the Revised	126709
Code. The notice shall set forth the question to be submitted to	126710
the electors and the time and place of the election thereon.	126711

The question shall be submitted to the electors of the school	126712
district as a separate proposition, but may be printed on the same	126713
ballot with other propositions that are submitted at the same	126714
election, other than the election of officers. The form of the	126715
ballot shall be substantially as follows:	126716

"Shall the existing tax of ..... (state the rate) on the	126717
school district income of individuals and estates imposed by .....	126718
(state the name of the school district) be replaced by a tax of	126719
..... (state the rate) on the earned income of individuals	126720
residing in the school district for ..... (state the number of	126721
years the tax is to be in effect or that it will be in effect for	126722
a continuing time), beginning ..... (state the date the new tax	126723
will take effect), for the purpose of ..... (state the specific	126724
school district purposes of the tax)? If the new tax is not	126725
approved, the existing tax will remain in effect under its	126726
original authority, for the remainder of its previously approved	126727
term.	126728

		For replacing the existing tax with the new tax			126729
		Against replacing the existing tax with the new tax	"		126730

The board of elections shall conduct and canvass the election	126731
in the same manner as regular elections in the school district for	126732
the election of county officers. The board shall certify the	126733
results of the election to the board of education and to the tax	126734
commissioner. If a majority of the electors voting on the question	126735
vote in favor of the replacement, the existing tax shall cease to	126736
be levied, and the replacement tax shall begin to be levied, on	126737
the date specified in the ballot question. If a majority of the	126738
electors voting on the question vote against the replacement, the	126739
existing tax shall continue to be levied under its original	126740
authority, for the remainder of its previously approved term.	126741

A board of education may not submit the question of replacing	126742
a tax more than twice in a calendar year. If a board submits the	126743
question more than once, one of the elections at which the	126744
question is submitted shall be on the date of a general election.	126745

If a board of education later intends to renew a replacement	126746
tax levied under this section, it shall repeat the procedure	126747
outlined in this section to do so, the replacement tax then being	126748
levied being the "existing tax" and the renewed replacement tax	126749
being the "replacement tax."	126750

Sec. 5748.04. (A) The question of the repeal of a school	126751
district income tax levied for more than five years may be	126752
initiated not more than once in any five-year period by filing	126753
with the board of elections of the appropriate counties not later	126754
than ninety days before the general election in any year after the	126755
year in which it is approved by the electors a petition requesting	126756
that an election be held on the question. The petition shall be	126757
signed by qualified electors residing in the school district	126758
levying the income tax equal in number to ten per cent of those	126759
voting for governor at the most recent gubernatorial election.	126760

The board of elections shall determine whether the petition	126761
is valid, and if it so determines, it shall submit the question to	126762
the electors of the district at the next general election. The	126763
election shall be conducted, canvassed, and certified in the same	126764
manner as regular elections for county offices in the county.	126765
Notice of the election shall be published in a newspaper of	126766
general circulation in the district once a week for two	126767
consecutive weeks, or as provided in section 7.16 of the Revised	126768
Code, prior to the election~~, and, if~~. If the board of elections	126769
operates and maintains a web site, the board of elections shall	126770
post notice of the election on its web site for thirty days prior	126771
to the election. The notice shall state the purpose, time, and	126772
place of the election. The form of the ballot cast at the election	126773
shall be as follows:	126774

"Shall the annual income tax of ..... per cent, currently	126775
levied on the school district income of individuals and estates by	126776
.......... (state the name of the school district) for the purpose	126777
of .......... (state purpose of the tax), be repealed?	126778

126779

		For repeal of the income tax			126780
		Against repeal of the income tax	"		126781

126782

(B)(1) If the tax is imposed on taxable income as defined in	126783
division (E)(1)(b) of section 5748.01 of the Revised Code, the	126784
form of the ballot shall be modified by stating that the tax	126785
currently is levied on the "earned income of individuals residing	126786
in the school district" in lieu of the "school district income of	126787
individuals and estates."	126788

(2) If the rate of one or more property tax levies was	126789
reduced for the duration of the income tax levy pursuant to	126790
division (B)(2) of section 5748.02 of the Revised Code, the form	126791
of the ballot shall be modified by adding the following language	126792
immediately after "repealed": ", and shall the rate of an existing	126793
tax on property for the purpose of current expenses, which rate	126794
was reduced for the duration of the income tax, be INCREASED from	126795
..... mills to ..... mills per one dollar of valuation beginning	126796
in ..... (state the first year for which the rate of the property	126797
tax will increase)." In lieu of "for repeal of the income tax" and	126798
"against repeal of the income tax," the phrases "for the issue"	126799
and "against the issue," respectively, shall be substituted.	126800

(3) If the rate of more than one property tax was reduced for	126801
the duration of the income tax, the ballot language shall be	126802
modified accordingly to express the rates at which those taxes	126803
currently are levied and the rates to which the taxes would be	126804
increased.	126805

(C) The question covered by the petition shall be submitted	126806
as a separate proposition, but it may be printed on the same	126807
ballot with any other proposition submitted at the same election	126808
other than the election of officers. If a majority of the	126809
qualified electors voting on the question vote in favor of it, the	126810
result shall be certified immediately after the canvass by the	126811
board of elections to the board of education of the school	126812
district and the tax commissioner, who shall thereupon, after the	126813
current year, cease to levy the tax, except that if notes have	126814
been issued pursuant to section 5748.05 of the Revised Code the	126815
tax commissioner shall continue to levy and collect under	126816
authority of the election authorizing the levy an annual amount,	126817
rounded upward to the nearest one-fourth of one per cent, as will	126818
be sufficient to pay the debt charges on the notes as they fall	126819
due.	126820

(D) If a school district income tax repealed pursuant to this	126821
section was approved in conjunction with a reduction in the rate	126822
of one or more school district property taxes as provided in	126823
division (B)(2) of section 5748.02 of the Revised Code, then each	126824
such property tax may be levied after the current year at the rate	126825
at which it could be levied prior to the reduction, subject to any	126826
adjustments required by the county budget commission pursuant to	126827
Chapter 5705. of the Revised Code. Upon the repeal of a school	126828
district income tax under this section, the board of education may	126829
resume levying a property tax, the rate of which has been reduced	126830
pursuant to a question approved under section 5748.02 of the	126831
Revised Code, at the rate the board originally was authorized to	126832
levy the tax. A reduction in the rate of a property tax under	126833
section 5748.02 of the Revised Code is a reduction in the rate at	126834
which a board of education may levy that tax only for the period	126835
during which a school district income tax is levied prior to any	126836
repeal pursuant to this section. The resumption of the authority	126837
to levy the tax upon such a repeal does not constitute a tax	126838
levied in excess of the one per cent limitation prescribed by	126839
Section 2 of Article XII, Ohio Constitution, or in excess of the	126840
ten-mill limitation.	126841

(E) This section does not apply to school district income tax	126842
levies that are levied for five or fewer years.	126843

Sec. 5748.05. After the approval by the electors of a	126844
resolution under section 5748.03 or, 5748.08, or 5748.09 of the	126845
Revised Code to impose a school district income tax to provide an	126846
increase in current operating revenues or in current revenues for	126847
permanent improvements and prior to the time when the first	126848
payment to the district from the tax can be made, a board of	126849
education may anticipate a fraction of the proceeds of the tax and	126850
issue anticipation notes in an amount not exceeding fifty per cent	126851
of the total estimated proceeds of the tax to be collected for its	126852
first year of collection as estimated by the tax commissioner. The	126853
anticipation notes are Chapter 133. securities and shall be issued	126854
as provided in section 133.24 of the Revised Code as if property	126855
tax anticipation notes. The notes shall have principal payments	126856
during each year after their year of issuance over a period not to	126857
exceed five years and, if determined by the board of education,	126858
during the year of their issuance. The legislation authorizing	126859
issuance of the notes may also provide for the annual levy and	126860
collection of voted ad valorem property taxes levied for the	126861
applicable purpose for which the notes are issued and for the	126862
application of the proceeds of the levy to the extent necessary to	126863
pay annual debt charges on the notes.	126864

Sec. 5748.08. (A) The board of education of a city, local,	126865
or exempted village school district, at any time by a vote of	126866
two-thirds of all its members, may declare by resolution that it	126867
may be necessary for the school district to do all of the	126868
following:	126869

(1) Raise a specified amount of money for school district	126870
purposes by levying an annual tax on school district income;	126871

(2) Issue general obligation bonds for permanent	126872
improvements, stating in the resolution the necessity and purpose	126873
of the bond issue and the amount, approximate date, estimated rate	126874
of interest, and maximum number of years over which the principal	126875
of the bonds may be paid;	126876

(3) Levy a tax outside the ten-mill limitation to pay debt	126877
charges on the bonds and any anticipatory securities;	126878

(4) Submit the question of the school district income tax and	126879
bond issue to the electors of the district at a special election.	126880

The resolution shall specify whether the income that is to be	126881
subject to the tax is taxable income of individuals and estates as	126882
defined in divisions (E)(1)(a) and (2) of section 5748.01 of the	126883
Revised Code or taxable income of individuals as defined in	126884
division (E)(1)(b) of that section.	126885

On adoption of the resolution, the board shall certify a copy	126886
of it to the tax commissioner and the county auditor no later than	126887
one hundred five days prior to the date of the special election at	126888
which the board intends to propose the income tax and bond issue.	126889
Not later than ten days of receipt of the resolution, the tax	126890
commissioner, in the same manner as required by division (A) of	126891
section 5748.02 of the Revised Code, shall estimate the rates	126892
designated in divisions (A)(1) and (2) of that section and certify	126893
them to the board. Not later than ten days of receipt of the	126894
resolution, the county auditor shall estimate and certify to the	126895
board the average annual property tax rate required throughout the	126896
stated maturity of the bonds to pay debt charges on the bonds, in	126897
the same manner as under division (C) of section 133.18 of the	126898
Revised Code.	126899

(B) On receipt of the tax commissioner's and county auditor's	126900
certifications prepared under division (A) of this section, the	126901
board of education of the city, local, or exempted village school	126902
district, by a vote of two-thirds of all its members, may adopt a	126903
resolution proposing for a specified number of years or for a	126904
continuing period of time the levy of an annual tax for school	126905
district purposes on school district income and declaring that the	126906
amount of taxes that can be raised within the ten-mill limitation	126907
will be insufficient to provide an adequate amount for the present	126908
and future requirements of the school district; that it is	126909
necessary to issue general obligation bonds of the school district	126910
for specified permanent improvements and to levy an additional tax	126911
in excess of the ten-mill limitation to pay the debt charges on	126912
the bonds and any anticipatory securities; and that the question	126913
of the bonds and taxes shall be submitted to the electors of the	126914
school district at a special election, which shall not be earlier	126915
than ninety days after certification of the resolution to the	126916
board of elections, and the date of which shall be consistent with	126917
section 3501.01 of the Revised Code. The resolution shall specify	126918
all of the following:	126919

(1) The purpose for which the school district income tax is	126920
to be imposed and the rate of the tax, which shall be the rate set	126921
forth in the tax commissioner's certification rounded to the	126922
nearest one-fourth of one per cent;	126923

(2) Whether the income that is to be subject to the tax is	126924
taxable income of individuals and estates as defined in divisions	126925
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	126926
taxable income of individuals as defined in division (E)(1)(b) of	126927
that section. The specification shall be the same as the	126928
specification in the resolution adopted and certified under	126929
division (A) of this section.	126930

(3) The number of years the tax will be levied, or that it	126931
will be levied for a continuing period of time;	126932

(4) The date on which the tax shall take effect, which shall	126933
be the first day of January of any year following the year in	126934
which the question is submitted;	126935

(5) The county auditor's estimate of the average annual	126936
property tax rate required throughout the stated maturity of the	126937
bonds to pay debt charges on the bonds.	126938

(C) A resolution adopted under division (B) of this section	126939
shall go into immediate effect upon its passage, and no	126940
publication of the resolution shall be necessary other than that	126941
provided for in the notice of election. Immediately after its	126942
adoption and at least ninety days prior to the election at which	126943
the question will appear on the ballot, the board of education	126944
shall certify a copy of the resolution, along with copies of the	126945
auditor's estimate and its resolution under division (A) of this	126946
section, to the board of elections of the proper county. The board	126947
of education shall make the arrangements for the submission of the	126948
question to the electors of the school district, and the election	126949
shall be conducted, canvassed, and certified in the same manner as	126950
regular elections in the district for the election of county	126951
officers.	126952

The resolution shall be put before the electors as one ballot	126953
question, with a majority vote indicating approval of the school	126954
district income tax, the bond issue, and the levy to pay debt	126955
charges on the bonds and any anticipatory securities. The board of	126956
elections shall publish the notice of the election in ~~one or more~~	126957
~~newspapers~~a newspaper of general circulation in the school	126958
district once a week for two consecutive weeks, or as provided in	126959
section 7.16 of the Revised Code, prior to the election ~~and, if~~.	126960
If the board of elections operates and maintains a web site, it	126961
also shall post notice of the election on its web site for thirty	126962
days prior to the election. The notice of election shall state all	126963
of the following:	126964

(1) The questions to be submitted to the electors;

126965

(2) The rate of the school district income tax;

126966

(3) The principal amount of the proposed bond issue;

126967

(4) The permanent improvements for which the bonds are to be	126968
issued;	126969

(5) The maximum number of years over which the principal of	126970
the bonds may be paid;	126971

(6) The estimated additional average annual property tax rate	126972
to pay the debt charges on the bonds, as certified by the county	126973
auditor;	126974

(7) The time and place of the special election.

126975

(D) The form of the ballot on a question submitted to the	126976
electors under this section shall be as follows:	126977

"Shall the ........ school district be authorized to do both	126978
of the following:	126979

(1) Impose an annual income tax of ...... (state the proposed	126980
rate of tax) on the school district income of individuals and of	126981
estates, for ........ (state the number of years the tax would be	126982
levied, or that it would be levied for a continuing period of	126983
time), beginning ........ (state the date the tax would first take	126984
effect), for the purpose of ........ (state the purpose of the	126985
tax)?	126986

(2) Issue bonds for the purpose of ....... in the principal	126987
amount of $......, to be repaid annually over a maximum period of	126988
....... years, and levy a property tax outside the ten-mill	126989
limitation estimated by the county auditor to average over the	126990
bond repayment period ....... mills for each one dollar of tax	126991
valuation, which amounts to ....... (rate expressed in cents or	126992
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	126993
tax valuation, to pay the annual debt charges on the bonds, and to	126994
pay debt charges on any notes issued in anticipation of those	126995
bonds?	126996

126997

		FOR THE INCOME TAX AND BOND ISSUE			126998
		AGAINST THE INCOME TAX AND BOND ISSUE	"		126999

127000

(E) If the question submitted to electors proposes a school	127001
district income tax only on the taxable income of individuals as	127002
defined in division (E)(1)(b) of section 5748.01 of the Revised	127003
Code, the form of the ballot shall be modified by stating that the	127004
tax is to be levied on the "earned income of individuals residing	127005
in the school district" in lieu of the "school district income of	127006
individuals and of estates."	127007

(F) The board of elections promptly shall certify the results	127008
of the election to the tax commissioner and the county auditor of	127009
the county in which the school district is located. If a majority	127010
of the electors voting on the question vote in favor of it, the	127011
income tax and the applicable provisions of Chapter 5747. of the	127012
Revised Code shall take effect on the date specified in the	127013
resolution, and the board of education may proceed with issuance	127014
of the bonds and with the levy and collection of the property	127015
taxes to pay debt charges on the bonds, at the additional rate or	127016
any lesser rate in excess of the ten-mill limitation. Any	127017
securities issued by the board of education under this section are	127018
Chapter 133. securities, as that term is defined in section 133.01	127019
of the Revised Code.	127020

(G) After approval of a question under this section, the	127021
board of education may anticipate a fraction of the proceeds of	127022
the school district income tax in accordance with section 5748.05	127023
of the Revised Code. Any anticipation notes under this division	127024
shall be issued as provided in section 133.24 of the Revised Code,	127025
shall have principal payments during each year after the year of	127026
their issuance over a period not to exceed five years, and may	127027
have a principal payment in the year of their issuance.	127028

(H) The question of repeal of a school district income tax	127029
levied for more than five years may be initiated and submitted in	127030
accordance with section 5748.04 of the Revised Code.	127031

(I) No board of education shall submit a question under this	127032
section to the electors of the school district more than twice in	127033
any calendar year. If a board submits the question twice in any	127034
calendar year, one of the elections on the question shall be held	127035
on the date of the general election.	127036

Sec. 5748.081. A board of education of a school district	127037
that, under divisions (A)(1), (D)(1), and (E) of section 5748.08	127038
or under section 5748.09 of the Revised Code, levies a tax on the	127039
school district income of individuals and estates as defined in	127040
divisions (G) and (E)(1)(a) and (2) of section 5748.01 of the	127041
Revised Code may replace that tax with a tax on the school	127042
district income of individuals as defined in divisions (G)(1) and	127043
(E)(1)(b) of section 5748.01 of the Revised Code by following the	127044
procedure outlined in, and subject to the conditions specified in,	127045
section 5748.021 of the Revised Code, as if the existing tax	127046
levied under section 5748.08 or 5748.09 were levied under section	127047
5748.02 of the Revised Code. The tax commissioner and the board of	127048
elections shall perform duties in response to the actions of the	127049
board of education under this section as directed in section	127050
5748.021 of the Revised Code.	127051

Sec. 5748.09. (A) The board of education of a city, local, or	127052
exempted village school district, at any time by a vote of	127053
two-thirds of all its members, may declare by resolution that it	127054
may be necessary for the school district to do all of the	127055
following:	127056

(1) Raise a specified amount of money for school district	127057
purposes by levying an annual tax on school district income;	127058

(2) Levy an additional property tax in excess of the ten-mill	127059
limitation for the purpose of providing for the necessary	127060
requirements of the district, stating in the resolution the amount	127061
of money to be raised each year for such purpose;	127062

(3) Submit the question of the school district income tax and	127063
property tax to the electors of the district at a special	127064
election.	127065

The resolution shall specify whether the income that is to be	127066
subject to the tax is taxable income of individuals and estates as	127067
defined in divisions (E)(1)(a) and (2) of section 5748.01 of the	127068
Revised Code or taxable income of individuals as defined in	127069
division (E)(1)(b) of that section.	127070

On adoption of the resolution, the board shall certify a copy	127071
of it to the tax commissioner and the county auditor not later	127072
than one hundred days prior to the date of the special election at	127073
which the board intends to propose the income tax and property	127074
tax. Not later than ten days after receipt of the resolution, the	127075
tax commissioner, in the same manner as required by division (A)	127076
of section 5748.02 of the Revised Code, shall estimate the rates	127077
designated in divisions (A)(1) and (2) of that section and certify	127078
them to the board. Not later than ten days after receipt of the	127079
resolution, the county auditor, in the same manner as required by	127080
section 5705.195 of the Revised Code, shall make the calculation	127081
specified in that section and certify it to the board.	127082

(B) On receipt of the tax commissioner's and county auditor's	127083
certifications prepared under division (A) of this section, the	127084
board of education of the city, local, or exempted village school	127085
district, by a vote of two-thirds of all its members, may adopt a	127086
resolution declaring that the amount of taxes that can be raised	127087
by all tax levies the district is authorized to impose, when	127088
combined with state and federal revenues, will be insufficient to	127089
provide an adequate amount for the present and future requirements	127090
of the school district, and that it is therefore necessary to	127091
levy, for a specified number of years or for a continuing period	127092
of time, an annual tax for school district purposes on school	127093
district income, and to levy, for a specified number of years not	127094
exceeding ten or for a continuing period of time, an additional	127095
property tax in excess of the ten-mill limitation for the purpose	127096
of providing for the necessary requirements of the district, and	127097
declaring that the question of the school district income tax and	127098
property tax shall be submitted to the electors of the school	127099
district at a special election, which shall not be earlier than	127100
ninety days after certification of the resolution to the board of	127101
elections, and the date of which shall be consistent with section	127102
3501.01 of the Revised Code. The resolution shall specify all of	127103
the following:	127104

(1) The purpose for which the school district income tax is	127105
to be imposed and the rate of the tax, which shall be the rate set	127106
forth in the tax commissioner's certification rounded to the	127107
nearest one-fourth of one per cent;	127108

(2) Whether the income that is to be subject to the tax is	127109
taxable income of individuals and estates as defined in divisions	127110
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	127111
taxable income of individuals as defined in division (E)(1)(b) of	127112
that section. The specification shall be the same as the	127113
specification in the resolution adopted and certified under	127114
division (A) of this section.	127115

(3) The number of years the school district income tax will	127116
be levied, or that it will be levied for a continuing period of	127117
time;	127118

(4) The date on which the school district income tax shall	127119
take effect, which shall be the first day of January of any year	127120
following the year in which the question is submitted;	127121

(5) The amount of money it is necessary to raise for the	127122
purpose of providing for the necessary requirements of the	127123
district for each year the property tax is to be imposed;	127124

(6) The number of years the property tax will be levied, or	127125
that it will be levied for a continuing period of time;	127126

(7) The tax list upon which the property tax shall be first	127127
levied, which may be the current year's tax list;	127128

(8) The amount of the average tax levy, expressed in dollars	127129
and cents for each one hundred dollars of valuation as well as in	127130
mills for each one dollar of valuation, estimated by the county	127131
auditor under division (A) of this section.	127132

(C) A resolution adopted under division (B) of this section	127133
shall go into immediate effect upon its passage, and no	127134
publication of the resolution shall be necessary other than that	127135
provided for in the notice of election. Immediately after its	127136
adoption and at least ninety days prior to the election at which	127137
the question will appear on the ballot, the board of education	127138
shall certify a copy of the resolution, along with copies of the	127139
county auditor's certification and the resolution under division	127140
(A) of this section, to the board of elections of the proper	127141
county. The board of education shall make the arrangements for the	127142
submission of the question to the electors of the school district,	127143
and the election shall be conducted, canvassed, and certified in	127144
the same manner as regular elections in the district for the	127145
election of county officers.	127146

The resolution shall be put before the electors as one ballot	127147
question, with a majority vote indicating approval of the school	127148
district income tax and the property tax. The board of elections	127149
shall publish the notice of the election in a newspaper of general	127150
circulation in the school district once a week for two consecutive	127151
weeks, or as provided in section 7.16 of the Revised Code, prior	127152
to the election. If the board of elections operates and maintains	127153
a web site, also shall post notice of the election on its web site	127154
for thirty days prior to the election. The notice of election	127155
shall state all of the following:	127156

(1) The questions to be submitted to the electors as a single	127157
ballot question;	127158

(2) The rate of the school district income tax;

127159

(3) The number of years the school district income tax will	127160
be levied or that it will be levied for a continuing period of	127161
time;	127162

(4) The annual proceeds of the proposed property tax levy for	127163
the purpose of providing for the necessary requirements of the	127164
district;	127165

(5) The number of years during which the property tax levy	127166
shall be levied, or that it shall be levied for a continuing	127167
period of time;	127168

(6) The estimated average additional tax rate of the property	127169
tax, expressed in dollars and cents for each one hundred dollars	127170
of valuation as well as in mills for each one dollar of valuation,	127171
outside the limitation imposed by Section 2 of Article XII, Ohio	127172
Constitution, as certified by the county auditor;	127173

(7) The time and place of the special election.

127174

(D) The form of the ballot on a question submitted to the	127175
electors under this section shall be as follows:	127176

"Shall the ..... school district be authorized to do both of	127177
the following:	127178

(1) Impose an annual income tax of ...... (state the proposed	127179
rate of tax) on the school district income of individuals and of	127180
estates, for ........ (state the number of years the tax would be	127181
levied, or that it would be levied for a continuing period of	127182
time), beginning ........ (state the date the tax would first take	127183
effect), for the purpose of ........ (state the purpose of the	127184
tax)?	127185

(2) Impose a property tax levy outside of the ten-mill	127186
limitation for the purpose of providing for the necessary	127187
requirements of the district in the sum of ..................	127188
(here insert annual amount the levy is to produce), estimated by	127189
the county auditor to average ................ (here insert number	127190
of mills) mills for each one dollar of valuation, which amounts to	127191
................ (here insert rate expressed in dollars and cents)	127192
for each one hundred dollars of valuation, for ..............	127193
(state the number of years the tax is to be imposed or that it	127194
will be imposed for a continuing period of time), commencing in	127195
.......... (first year the tax is to be levied), first due in	127196
calendar year ............ (first calendar year in which the tax	127197
shall be due)?	127198

127199

		FOR THE INCOME TAX AND PROPERTY TAX			127200
		AGAINST THE INCOME TAX AND PROPERTY TAX	"		127201

127202

If the question submitted to electors proposes a school	127203
district income tax only on the taxable income of individuals as	127204
defined in division (E)(1)(b) of section 5748.01 of the Revised	127205
Code, the form of the ballot shall be modified by stating that the	127206
tax is to be levied on the "earned income of individuals residing	127207
in the school district" in lieu of the "school district income of	127208
individuals and of estates."	127209

(E) The board of elections promptly shall certify the results	127210
of the election to the tax commissioner and the county auditor of	127211
the county in which the school district is located. If a majority	127212
of the electors voting on the question vote in favor of it:	127213

(1) The income tax and the applicable provisions of Chapter	127214
5747. of the Revised Code shall take effect on the date specified	127215
in the resolution.	127216

(2) The board of education of the school district may make	127217
the additional property tax levy necessary to raise the amount	127218
specified on the ballot for the purpose of providing for the	127219
necessary requirements of the district. The property tax levy	127220
shall be included in the next tax budget that is certified to the	127221
county budget commission.	127222

(F)(1) After approval of a question under this section, the	127223
board of education may anticipate a fraction of the proceeds of	127224
the school district income tax in accordance with section 5748.05	127225
of the Revised Code. Any anticipation notes under this division	127226
shall be issued as provided in section 133.24 of the Revised Code,	127227
shall have principal payments during each year after the year of	127228
their issuance over a period not to exceed five years, and may	127229
have a principal payment in the year of their issuance.	127230

(2) After the approval of a question under this section and	127231
prior to the time when the first tax collection from the property	127232
tax levy can be made, the board of education may anticipate a	127233
fraction of the proceeds of the levy and issue anticipation notes	127234
in an amount not exceeding the total estimated proceeds of the	127235
levy to be collected during the first year of the levy. Any	127236
anticipation notes under this division shall be issued as provided	127237
in section 133.24 of the Revised Code, shall have principal	127238
payments during each year after the year of their issuance over a	127239
period not to exceed five years, and may have a principal payment	127240
in the year of their issuance.	127241

(G)(1) The question of repeal of a school district income tax	127242
levied for more than five years may be initiated and submitted in	127243
accordance with section 5748.04 of the Revised Code.	127244

(2) A property tax levy for a continuing period of time may	127245
be reduced in the manner provided under section 5705.261 of the	127246
Revised Code.	127247

(H) No board of education shall submit a question under this	127248
section to the electors of the school district more than twice in	127249
any calendar year. If a board submits the question twice in any	127250
calendar year, one of the elections on the question shall be held	127251
on the date of the general election.	127252

(I) If the electors of the school district approve a question	127253
under this section, and if the last calendar year the school	127254
district income tax is in effect and the last calendar year of	127255
collection of the property tax are the same, the board of	127256
education of the school district may propose to submit under this	127257
section the combined question of a school district income tax to	127258
take effect upon the expiration of the existing income tax and a	127259
property tax to be first collected in the calendar year after the	127260
calendar year of last collection of the existing property tax, and	127261
specify in the resolutions adopted under this section that the	127262
proposed taxes would renew the existing taxes. The form of the	127263
ballot on a question submitted to the electors under division (I)	127264
of this section shall be as follows:	127265

"Shall the ........ school district be authorized to do both	127266
of the following:	127267

(1) Impose an annual income tax of ....... (state the	127268
proposed rate of tax) on the school district income of individuals	127269
and of estates to renew an income tax expiring at the end of	127270
....... (state the last year the existing income tax may be	127271
levied) for ....... (state the number of years the tax would be	127272
levied, or that it would be levied for a continuing period of	127273
time), beginning ....... (state the date the tax would first take	127274
effect), for the purpose of ....... (state the purpose of the	127275
tax)?	127276

(2) Impose a property tax levy renewing an existing levy	127277
outside of the ten-mill limitation for the purpose of providing	127278
for the necessary requirements of the district in the sum of	127279
................... (here insert annual amount the levy is to	127280
produce), estimated by the county auditor to average	127281
................. (here insert number of mills) mills for each one	127282
dollar of valuation, which amounts to ................. (here	127283
insert rate expressed in dollars and cents) for each one hundred	127284
dollars of valuation, for ............. (state the number of years	127285
the tax is to be imposed or that it will be imposed for a	127286
continuing period of time), commencing in ........... (first year	127287
the tax is to be levied), first due in calendar year ............	127288
(first calendar year in which the tax shall be due)?	127289

127290

		FOR THE INCOME TAX AND PROPERTY TAX			127291
		AGAINST THE INCOME TAX AND PROPERTY TAX	"		127292

127293

If the question submitted to electors proposes a school	127294
district income tax only on the taxable income of individuals as	127295
defined in division (E)(1)(b) of section 5748.01 of the Revised	127296
Code, the form of the ballot shall be modified by stating that the	127297
tax is to be levied on the "earned income of individuals residing	127298
in the school district" in lieu of the "school district income of	127299
individuals and of estates."	127300

The question of a renewal levy under this division shall not	127301
be placed on the ballot unless the question is submitted on a date	127302
on which a special election may be held under section 3501.01 of	127303
the Revised Code, except for the first Tuesday after the first	127304
Monday in February and August, during the last year the property	127305
tax levy to be renewed may be extended on the real and public	127306
utility property tax list and duplicate, or at any election held	127307
in the ensuing year.	127308

(J) If the electors of the school district approve a question	127309
under this section, the board of education of the school district	127310
may propose to renew either or both of the existing taxes as	127311
individual ballot questions in accordance with section 5748.02 of	127312
the Revised Code for the school district income tax, or section	127313
5705.194 of the Revised Code for the property tax.	127314

Sec. 5751.01. As used in this chapter:

127315

(A) "Person" means, but is not limited to, individuals,	127316
combinations of individuals of any form, receivers, assignees,	127317
trustees in bankruptcy, firms, companies, joint-stock companies,	127318
business trusts, estates, partnerships, limited liability	127319
partnerships, limited liability companies, associations, joint	127320
ventures, clubs, societies, for-profit corporations, S	127321
corporations, qualified subchapter S subsidiaries, qualified	127322
subchapter S trusts, trusts, entities that are disregarded for	127323
federal income tax purposes, and any other entities.	127324

(B) "Consolidated elected taxpayer" means a group of two or	127325
more persons treated as a single taxpayer for purposes of this	127326
chapter as the result of an election made under section 5751.011	127327
of the Revised Code.	127328

(C) "Combined taxpayer" means a group of two or more persons	127329
treated as a single taxpayer for purposes of this chapter under	127330
section 5751.012 of the Revised Code.	127331

(D) "Taxpayer" means any person, or any group of persons in	127332
the case of a consolidated elected taxpayer or combined taxpayer	127333
treated as one taxpayer, required to register or pay tax under	127334
this chapter. "Taxpayer" does not include excluded persons.	127335

(E) "Excluded person" means any of the following:

127336

(1) Any person with not more than one hundred fifty thousand	127337
dollars of taxable gross receipts during the calendar year.	127338
Division (E)(1) of this section does not apply to a person that is	127339
a member of a consolidated elected taxpayer;	127340

(2) A public utility that paid the excise tax imposed by	127341
section 5727.24 or 5727.30 of the Revised Code based on one or	127342
more measurement periods that include the entire tax period under	127343
this chapter, except that a public utility that is a combined	127344
company is a taxpayer with regard to the following gross receipts:	127345

(a) Taxable gross receipts directly attributed to a public	127346
utility activity, but not directly attributed to an activity that	127347
is subject to the excise tax imposed by section 5727.24 or 5727.30	127348
of the Revised Code;	127349

(b) Taxable gross receipts that cannot be directly attributed	127350
to any activity, multiplied by a fraction whose numerator is the	127351
taxable gross receipts described in division (E)(2)(a) of this	127352
section and whose denominator is the total taxable gross receipts	127353
that can be directly attributed to any activity;	127354

(c) Except for any differences resulting from the use of an	127355
accrual basis method of accounting for purposes of determining	127356
gross receipts under this chapter and the use of the cash basis	127357
method of accounting for purposes of determining gross receipts	127358
under section 5727.24 of the Revised Code, the gross receipts	127359
directly attributed to the activity of a natural gas company shall	127360
be determined in a manner consistent with division (D) of section	127361
5727.03 of the Revised Code.	127362

As used in division (E)(2) of this section, "combined	127363
company" and "public utility" have the same meanings as in section	127364
5727.01 of the Revised Code.	127365

(3) A financial institution, as defined in section 5725.01 of	127366
the Revised Code, that paid the corporation franchise tax charged	127367
by division (D) of section 5733.06 of the Revised Code based on	127368
one or more taxable years that include the entire tax period under	127369
this chapter;	127370

(4) A dealer in intangibles, as defined in section 5725.01 of	127371
the Revised Code, that paid the dealer in intangibles tax levied	127372
by division (D) of section 5707.03 of the Revised Code based on	127373
one or more measurement periods that include the entire tax period	127374
under this chapter;	127375

(5) A financial holding company as defined in the "Bank	127376
Holding Company Act," 12 U.S.C. 1841(p);	127377

(6) A bank holding company as defined in the "Bank Holding	127378
Company Act," 12 U.S.C. 1841(a);	127379

(7) A savings and loan holding company as defined in the	127380
"Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D) that is engaging	127381
only in activities or investments permissible for a financial	127382
holding company under 12 U.S.C. 1843(k);	127383

(8) A person directly or indirectly owned by one or more	127384
financial institutions, financial holding companies, bank holding	127385
companies, or savings and loan holding companies described in	127386
division (E)(3), (5), (6), or (7) of this section that is engaged	127387
in activities permissible for a financial holding company under 12	127388
U.S.C. 1843(k), except that any such person held pursuant to	127389
merchant banking authority under 12 U.S.C. 1843(k)(4)(H) or 12	127390
U.S.C. 1843(k)(4)(I) is not an excluded person, or a person	127391
directly or indirectly owned by one or more insurance companies	127392
described in division (E)(9) of this section that is authorized to	127393
do the business of insurance in this state.	127394

For the purposes of division (E)(8) of this section, a person	127395
owns another person under the following circumstances:	127396

(a) In the case of corporations issuing capital stock, one	127397
corporation owns another corporation if it owns fifty per cent or	127398
more of the other corporation's capital stock with current voting	127399
rights;	127400

(b) In the case of a limited liability company, one person	127401
owns the company if that person's membership interest, as defined	127402
in section 1705.01 of the Revised Code, is fifty per cent or more	127403
of the combined membership interests of all persons owning such	127404
interests in the company;	127405

(c) In the case of a partnership, trust, or other	127406
unincorporated business organization other than a limited	127407
liability company, one person owns the organization if, under the	127408
articles of organization or other instrument governing the affairs	127409
of the organization, that person has a beneficial interest in the	127410
organization's profits, surpluses, losses, or distributions of	127411
fifty per cent or more of the combined beneficial interests of all	127412
persons having such an interest in the organization;	127413

(d) In the case of multiple ownership, the ownership	127414
interests of more than one person may be aggregated to meet the	127415
fifty per cent ownership tests in this division only when each	127416
such owner is described in division (E)(3), (5), (6), or (7) of	127417
this section and is engaged in activities permissible for a	127418
financial holding company under 12 U.S.C. 1843(k) or is a person	127419
directly or indirectly owned by one or more insurance companies	127420
described in division (E)(9) of this section that is authorized to	127421
do the business of insurance in this state.	127422

(9) A domestic insurance company or foreign insurance	127423
company, as defined in section 5725.01 of the Revised Code, that	127424
paid the insurance company premiums tax imposed by section 5725.18	127425
or Chapter 5729. of the Revised Code based on one or more	127426
measurement periods that include the entire tax period under this	127427
chapter;	127428

(10) A person that solely facilitates or services one or more	127429
securitizations or similar transactions for any person described	127430
in division (E)(3), (5), (6), (7), (8), or (9) of this section.	127431
For purposes of this division, "securitization" means transferring	127432
one or more assets to one or more persons and then issuing	127433
securities backed by the right to receive payment from the asset	127434
or assets so transferred.	127435

(11) Except as otherwise provided in this division, a	127436
pre-income tax trust as defined in division (FF)(4) of section	127437
5747.01 of the Revised Code and any pass-through entity of which	127438
such pre-income tax trust owns or controls, directly, indirectly,	127439
or constructively through related interests, more than five per	127440
cent of the ownership or equity interests. If the pre-income tax	127441
trust has made a qualifying pre-income tax trust election under	127442
division (FF)(3) of section 5747.01 of the Revised Code, then the	127443
trust and the pass-through entities of which it owns or controls,	127444
directly, indirectly, or constructively through related interests,	127445
more than five per cent of the ownership or equity interests,	127446
shall not be excluded persons for purposes of the tax imposed	127447
under section 5751.02 of the Revised Code.	127448

(12) Nonprofit organizations or the state and its agencies,	127449
instrumentalities, or political subdivisions.	127450

(F) Except as otherwise provided in divisions (F)(2), (3),	127451
and (4) of this section, "gross receipts" means the total amount	127452
realized by a person, without deduction for the cost of goods sold	127453
or other expenses incurred, that contributes to the production of	127454
gross income of the person, including the fair market value of any	127455
property and any services received, and any debt transferred or	127456
forgiven as consideration.	127457

(1) The following are examples of gross receipts:

127458

(a) Amounts realized from the sale, exchange, or other	127459
disposition of the taxpayer's property to or with another;	127460

(b) Amounts realized from the taxpayer's performance of	127461
services for another;	127462

(c) Amounts realized from another's use or possession of the	127463
taxpayer's property or capital;	127464

(d) Any combination of the foregoing amounts.

127465

(2) "Gross receipts" excludes the following amounts:

127466

(a) Interest income except interest on credit sales;

127467

(b) Dividends and distributions from corporations, and	127468
distributive or proportionate shares of receipts and income from a	127469
pass-through entity as defined under section 5733.04 of the	127470
Revised Code;	127471

(c) Receipts from the sale, exchange, or other disposition of	127472
an asset described in section 1221 or 1231 of the Internal Revenue	127473
Code, without regard to the length of time the person held the	127474
asset. Notwithstanding section 1221 of the Internal Revenue Code,	127475
receipts from hedging transactions also are excluded to the extent	127476
the transactions are entered into primarily to protect a financial	127477
position, such as managing the risk of exposure to (i) foreign	127478
currency fluctuations that affect assets, liabilities, profits,	127479
losses, equity, or investments in foreign operations; (ii)	127480
interest rate fluctuations; or (iii) commodity price fluctuations.	127481
As used in division (F)(2)(c) of this section, "hedging	127482
transaction" has the same meaning as used in section 1221 of the	127483
Internal Revenue Code and also includes transactions accorded	127484
hedge accounting treatment under statement of financial accounting	127485
standards number 133 of the financial accounting standards board.	127486
For the purposes of division (F)(2)(c) of this section, the actual	127487
transfer of title of real or tangible personal property to another	127488
entity is not a hedging transaction.	127489

(d) Proceeds received attributable to the repayment,	127490
maturity, or redemption of the principal of a loan, bond, mutual	127491
fund, certificate of deposit, or marketable instrument;	127492

(e) The principal amount received under a repurchase	127493
agreement or on account of any transaction properly characterized	127494
as a loan to the person;	127495

(f) Contributions received by a trust, plan, or other	127496
arrangement, any of which is described in section 501(a) of the	127497
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	127498
1, Subchapter (D) of the Internal Revenue Code applies;	127499

(g) Compensation, whether current or deferred, and whether in	127500
cash or in kind, received or to be received by an employee, former	127501
employee, or the employee's legal successor for services rendered	127502
to or for an employer, including reimbursements received by or for	127503
an individual for medical or education expenses, health insurance	127504
premiums, or employee expenses, or on account of a dependent care	127505
spending account, legal services plan, any cafeteria plan	127506
described in section 125 of the Internal Revenue Code, or any	127507
similar employee reimbursement;	127508

(h) Proceeds received from the issuance of the taxpayer's own	127509
stock, options, warrants, puts, or calls, or from the sale of the	127510
taxpayer's treasury stock;	127511

(i) Proceeds received on the account of payments from	127512
insurance policies, except those proceeds received for the loss of	127513
business revenue;	127514

(j) Gifts or charitable contributions received; membership	127515
dues received by trade, professional, homeowners', or condominium	127516
associations; and payments received for educational courses,	127517
meetings, meals, or similar payments to a trade, professional, or	127518
other similar association; and fundraising receipts received by	127519
any person when any excess receipts are donated or used	127520
exclusively for charitable purposes;	127521

(k) Damages received as the result of litigation in excess of	127522
amounts that, if received without litigation, would be gross	127523
receipts;	127524

(l) Property, money, and other amounts received or acquired	127525
by an agent on behalf of another in excess of the agent's	127526
commission, fee, or other remuneration;	127527

(m) Tax refunds, other tax benefit recoveries, and	127528
reimbursements for the tax imposed under this chapter made by	127529
entities that are part of the same combined taxpayer or	127530
consolidated elected taxpayer group, and reimbursements made by	127531
entities that are not members of a combined taxpayer or	127532
consolidated elected taxpayer group that are required to be made	127533
for economic parity among multiple owners of an entity whose tax	127534
obligation under this chapter is required to be reported and paid	127535
entirely by one owner, pursuant to the requirements of sections	127536
5751.011 and 5751.012 of the Revised Code;	127537

(n) Pension reversions;

127538

(o) Contributions to capital;

127539

(p) Sales or use taxes collected as a vendor or an	127540
out-of-state seller on behalf of the taxing jurisdiction from a	127541
consumer or other taxes the taxpayer is required by law to collect	127542
directly from a purchaser and remit to a local, state, or federal	127543
tax authority;	127544

(q) In the case of receipts from the sale of cigarettes or	127545
tobacco products by a wholesale dealer, retail dealer,	127546
distributor, manufacturer, or seller, all as defined in section	127547
5743.01 of the Revised Code, an amount equal to the federal and	127548
state excise taxes paid by any person on or for such cigarettes or	127549
tobacco products under subtitle E of the Internal Revenue Code or	127550
Chapter 5743. of the Revised Code;	127551

(r) In the case of receipts from the sale of motor fuel by a	127552
licensed motor fuel dealer, licensed retail dealer, or licensed	127553
permissive motor fuel dealer, all as defined in section 5735.01 of	127554
the Revised Code, an amount equal to federal and state excise	127555
taxes paid by any person on such motor fuel under section 4081 of	127556
the Internal Revenue Code or Chapter 5735. of the Revised Code;	127557

(s) In the case of receipts from the sale of beer or	127558
intoxicating liquor, as defined in section 4301.01 of the Revised	127559
Code, by a person holding a permit issued under Chapter 4301. or	127560
4303. of the Revised Code, an amount equal to federal and state	127561
excise taxes paid by any person on or for such beer or	127562
intoxicating liquor under subtitle E of the Internal Revenue Code	127563
or Chapter 4301. or 4305. of the Revised Code;	127564

(t) Receipts realized by a new motor vehicle dealer or used	127565
motor vehicle dealer, as defined in section 4517.01 of the Revised	127566
Code, from the sale or other transfer of a motor vehicle, as	127567
defined in that section, to another motor vehicle dealer for the	127568
purpose of resale by the transferee motor vehicle dealer, but only	127569
if the sale or other transfer was based upon the transferee's need	127570
to meet a specific customer's preference for a motor vehicle;	127571

(u) Receipts from a financial institution described in	127572
division (E)(3) of this section for services provided to the	127573
financial institution in connection with the issuance, processing,	127574
servicing, and management of loans or credit accounts, if such	127575
financial institution and the recipient of such receipts have at	127576
least fifty per cent of their ownership interests owned or	127577
controlled, directly or constructively through related interests,	127578
by common owners;	127579

(v) Receipts realized from administering anti-neoplastic	127580
drugs and other cancer chemotherapy, biologicals, therapeutic	127581
agents, and supportive drugs in a physician's office to patients	127582
with cancer;	127583

(w) Funds received or used by a mortgage broker that is not a	127584
dealer in intangibles, other than fees or other consideration,	127585
pursuant to a table-funding mortgage loan or warehouse-lending	127586
mortgage loan. Terms used in division (F)(2)(w) of this section	127587
have the same meanings as in section 1322.01 of the Revised Code,	127588
except "mortgage broker" means a person assisting a buyer in	127589
obtaining a mortgage loan for a fee or other consideration paid by	127590
the buyer or a lender, or a person engaged in table-funding or	127591
warehouse-lending mortgage loans that are first lien mortgage	127592
loans.	127593

(x) Property, money, and other amounts received by a	127594
professional employer organization, as defined in section 4125.01	127595
of the Revised Code, from a client employer, as defined in that	127596
section, in excess of the administrative fee charged by the	127597
professional employer organization to the client employer;	127598

(y) In the case of amounts retained as commissions by a	127599
permit holder under Chapter 3769. of the Revised Code, an amount	127600
equal to the amounts specified under that chapter that must be	127601
paid to or collected by the tax commissioner as a tax and the	127602
amounts specified under that chapter to be used as purse money;	127603

(z) Qualifying distribution center receipts.

127604

(i) For purposes of division (F)(2)(z) of this section:

127605

(I) "Qualifying distribution center receipts" means receipts	127606
of a supplier from qualified property that is delivered to a	127607
qualified distribution center, multiplied by a quantity that	127608
equals one minus the Ohio delivery percentage.	127609

(II) "Qualified property" means tangible personal property	127610
delivered to a qualified distribution center that is shipped to	127611
that qualified distribution center solely for further shipping by	127612
the qualified distribution center to another location in this	127613
state or elsewhere. "Further shipping" includes storing and	127614
repackaging such property into smaller or larger bundles, so long	127615
as such property is not subject to further manufacturing or	127616
processing.	127617

(III) "Qualified distribution center" means a warehouse or	127618
other similar facility in this state that, for the qualifying	127619
year, is operated by a person that is not part of a combined	127620
taxpayer group and that has a qualifying certificate. However, all	127621
warehouses or other similar facilities that are operated by	127622
persons in the same taxpayer group and that are located within one	127623
mile of each other shall be treated as one qualified distribution	127624
center.	127625

(IV) "Qualifying year" means the calendar year to which the	127626
qualifying certificate applies.	127627

(V) "Qualifying period" means the period of the first day of	127628
July of the second year preceding the qualifying year through the	127629
thirtieth day of June of the year preceding the qualifying year.	127630

(VI) "Qualifying certificate" means the certificate issued by	127631
the tax commissioner after the operator of a distribution center	127632
files an annual application with the commissioner. The application	127633
and annual fee shall be filed and paid for each qualified	127634
distribution center on or before the first day of September before	127635
the qualifying year or within forty-five days after the	127636
distribution center opens, whichever is later.	127637

The applicant must substantiate to the commissioner's	127638
satisfaction that, for the qualifying period, all persons	127639
operating the distribution center have more than fifty per cent of	127640
the cost of the qualified property shipped to a location such that	127641
it would be sitused outside this state under the provisions of	127642
division (E) of section 5751.033 of the Revised Code. The	127643
applicant must also substantiate that the distribution center	127644
cumulatively had costs from its suppliers equal to or exceeding	127645
five hundred million dollars during the qualifying period. (For	127646
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	127647
excludes any person that is part of the consolidated elected	127648
taxpayer group, if applicable, of the operator of the qualified	127649
distribution center.) The commissioner may require the applicant	127650
to have an independent certified public accountant certify that	127651
the calculation of the minimum thresholds required for a qualified	127652
distribution center by the operator of a distribution center has	127653
been made in accordance with generally accepted accounting	127654
principles. The commissioner shall issue or deny the issuance of a	127655
certificate within sixty days after the receipt of the	127656
application. A denial is subject to appeal under section 5717.02	127657
of the Revised Code. If the operator files a timely appeal under	127658
section 5717.02 of the Revised Code, the operator shall be granted	127659
a qualifying certificate, provided that the operator is liable for	127660
any tax, interest, or penalty upon amounts claimed as qualifying	127661
distribution center receipts, other than those receipts exempt	127662
under division (C)(1) of section 5751.011 of the Revised Code,	127663
that would have otherwise not been owed by its suppliers if the	127664
qualifying certificate was valid.	127665

(VII) "Ohio delivery percentage" means the proportion of the	127666
total property delivered to a destination inside Ohio from the	127667
qualified distribution center during the qualifying period	127668
compared with total deliveries from such distribution center	127669
everywhere during the qualifying period.	127670

(ii) If the distribution center is new and was not open for	127671
the entire qualifying period, the operator of the distribution	127672
center may request that the commissioner grant a qualifying	127673
certificate. If the certificate is granted and it is later	127674
determined that more than fifty per cent of the qualified property	127675
during that year was not shipped to a location such that it would	127676
be sitused outside of this state under the provisions of division	127677
(E) of section 5751.033 of the Revised Code or if it is later	127678
determined that the person that operates the distribution center	127679
had average monthly costs from its suppliers of less than forty	127680
million dollars during that year, then the operator of the	127681
distribution center shall be liable for any tax, interest, or	127682
penalty upon amounts claimed as qualifying distribution center	127683
receipts, other than those receipts exempt under division (C)(1)	127684
of section 5751.011 of the Revised Code, that would have not	127685
otherwise been owed by its suppliers during the qualifying year if	127686
the qualifying certificate was valid. (For purposes of division	127687
(F)(2)(z)(ii) of this section, "supplier" excludes any person that	127688
is part of the consolidated elected taxpayer group, if applicable,	127689
of the operator of the qualified distribution center.)	127690

(iii) When filing an application for a qualifying certificate	127691
under division (F)(2)(z)(i)(VI) of this section, the operator of a	127692
qualified distribution center also shall provide documentation, as	127693
the commissioner requires, for the commissioner to ascertain the	127694
Ohio delivery percentage. The commissioner, upon issuing the	127695
qualifying certificate, also shall certify the Ohio delivery	127696
percentage. The operator of the qualified distribution center may	127697
appeal the commissioner's certification of the Ohio delivery	127698
percentage in the same manner as an appeal is taken from the	127699
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	127700
of this section.	127701

Within thirty days after all appeals have been exhausted, the	127702
operator of the qualified distribution center shall notify the	127703
affected suppliers of qualified property that such suppliers are	127704
required to file, within sixty days after receiving notice from	127705
the operator of the qualified distribution center, amended reports	127706
for the impacted calendar quarter or quarters or calendar year,	127707
whichever the case may be. Any additional tax liability or tax	127708
overpayment shall be subject to interest but shall not be subject	127709
to the imposition of any penalty so long as the amended returns	127710
are timely filed. The supplier of tangible personal property	127711
delivered to the qualified distribution center shall include in	127712
its report of taxable gross receipts the receipts from the total	127713
sales of property delivered to the qualified distribution center	127714
for the calendar quarter or calendar year, whichever the case may	127715
be, multiplied by the Ohio delivery percentage for the qualifying	127716
year. Nothing in division (F)(2)(z)(iii) of this section shall be	127717
construed as imposing liability on the operator of a qualified	127718
distribution center for the tax imposed by this chapter arising	127719
from any change to the Ohio delivery percentage.	127720

(iv) In the case where the distribution center is new and not	127721
open for the entire qualifying period, the operator shall make a	127722
good faith estimate of an Ohio delivery percentage for use by	127723
suppliers in their reports of taxable gross receipts for the	127724
remainder of the qualifying period. The operator of the facility	127725
shall disclose to the suppliers that such Ohio delivery percentage	127726
is an estimate and is subject to recalculation. By the due date of	127727
the next application for a qualifying certificate, the operator	127728
shall determine the actual Ohio delivery percentage for the	127729
estimated qualifying period and proceed as provided in division	127730
(F)(2)(z)(iii) of this section with respect to the calculation and	127731
recalculation of the Ohio delivery percentage. The supplier is	127732
required to file, within sixty days after receiving notice from	127733
the operator of the qualified distribution center, amended reports	127734
for the impacted calendar quarter or quarters or calendar year,	127735
whichever the case may be. Any additional tax liability or tax	127736
overpayment shall be subject to interest but shall not be subject	127737
to the imposition of any penalty so long as the amended returns	127738
are timely filed.	127739

(v) Qualifying certificates and Ohio delivery percentages	127740
issued by the commissioner shall be open to public inspection and	127741
shall be timely published by the commissioner. A supplier relying	127742
in good faith on a certificate issued under this division shall	127743
not be subject to tax on the qualifying distribution center	127744
receipts under division (F)(2)(z) of this section. A person	127745
receiving a qualifying certificate is responsible for paying the	127746
tax, interest, and penalty upon amounts claimed as qualifying	127747
distribution center receipts that would not otherwise have been	127748
owed by the supplier if the qualifying certificate were available	127749
when it is later determined that the qualifying certificate should	127750
not have been issued because the statutory requirements were in	127751
fact not met.	127752

(vi) The annual fee for a qualifying certificate shall be one	127753
hundred thousand dollars for each qualified distribution center.	127754
If a qualifying certificate is not issued, the annual fee is	127755
subject to refund after the exhaustion of all appeals provided for	127756
in division (F)(2)(z)(i)(VI) of this section. The fee imposed	127757
under this division may be assessed in the same manner as the tax	127758
imposed under this chapter. The first one hundred thousand dollars	127759
of the annual application fees collected each calendar year shall	127760
be credited to the commercial activity tax administrative fund.	127761
The remainder of the annual application fees collected shall be	127762
distributed in the same manner required under section 5751.20 of	127763
the Revised Code.	127764

(vii) The tax commissioner may require that adequate security	127765
be posted by the operator of the distribution center on appeal	127766
when the commissioner disagrees that the applicant has met the	127767
minimum thresholds for a qualified distribution center as set	127768
forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this	127769
section.	127770

(aa) Receipts of an employer from payroll deductions relating	127771
to the reimbursement of the employer for advancing moneys to an	127772
unrelated third party on an employee's behalf;	127773

(bb) Cash discounts allowed and taken;

127774

(cc) Returns and allowances;

127775

(dd) Bad debts from receipts on the basis of which the tax	127776
imposed by this chapter was paid in a prior quarterly tax payment	127777
period. For the purpose of this division, "bad debts" means any	127778
debts that have become worthless or uncollectible between the	127779
preceding and current quarterly tax payment periods, have been	127780
uncollected for at least six months, and that may be claimed as a	127781
deduction under section 166 of the Internal Revenue Code and the	127782
regulations adopted under that section, or that could be claimed	127783
as such if the taxpayer kept its accounts on the accrual basis.	127784
"Bad debts" does not include repossessed property, uncollectible	127785
amounts on property that remains in the possession of the taxpayer	127786
until the full purchase price is paid, or expenses in attempting	127787
to collect any account receivable or for any portion of the debt	127788
recovered;	127789

(ee) Any amount realized from the sale of an account	127790
receivable to the extent the receipts from the underlying	127791
transaction giving rise to the account receivable were included in	127792
the gross receipts of the taxpayer;	127793

(ff) Any receipts directly attributed to providing public	127794
services pursuant to sections 126.60 to 126.605 of the Revised	127795
Code, or any receipts directly attributed to a transfer agreement	127796
or to the enterprise transferred under that agreement under	127797
section 4313.02 of the Revised Code.	127798

(gg) Any receipts for which the tax imposed by this chapter	127799
is prohibited by the Constitution or laws of the United States or	127800
the Constitution of Ohio.	127801

~~(gg)~~(hh)(i) As used in this division:

127802

(I) "Qualified uranium receipts" means receipts from the	127803
sale, exchange, lease, loan, production, processing, or other	127804
disposition of uranium within a uranium enrichment zone certified	127805
by the tax commissioner under division (F)(2)(hh)(ii) of this	127806
section. "Qualified uranium receipts" does not include any	127807
receipts with a situs in this state outside a uranium enrichment	127808
zone certified by the tax commissioner under division	127809
(F)(2)(hh)(ii) of this section.	127810

(II) "Uranium enrichment zone" means all real property that	127811
is part of a uranium enrichment facility licensed by the United	127812
States nuclear regulatory commission and that was or is owned or	127813
controlled by the United States department of energy or its	127814
successor.	127815

(ii) Any person that owns, leases, or operates real or	127816
tangible personal property constituting or located within a	127817
uranium enrichment zone may apply to the tax commissioner to have	127818
the uranium enrichment zone certified for the purpose of excluding	127819
qualified uranium receipts under division (F)(2)(hh) of this	127820
section. The application shall include such information that the	127821
tax commissioner prescribes. Within sixty days after receiving the	127822
application, the tax commissioner shall certify the zone for that	127823
purpose if the commissioner determines that the property qualifies	127824
as a uranium enrichment zone as defined in division (F)(2)(hh) of	127825
this section, or, if the tax commissioner determines that the	127826
property does not qualify, the commissioner shall deny the	127827
application or request additional information from the applicant.	127828
If the tax commissioner denies an application, the commissioner	127829
shall state the reasons for the denial. The applicant may appeal	127830
the denial of an application to the board of tax appeals pursuant	127831
to section 5717.02 of the Revised Code. If the applicant files a	127832
timely appeal, the tax commissioner shall conditionally certify	127833
the applicant's property. The conditional certification shall	127834
expire when all of the applicant's appeals are exhausted. Until	127835
final resolution of the appeal, the applicant shall retain the	127836
applicant's records in accordance with section 5751.12 of the	127837
Revised Code, notwithstanding any time limit on the preservation	127838
of records under that section.	127839

(ii) Amounts realized by licensed motor fuel dealers or	127840
licensed permissive motor fuel dealers from the exchange of	127841
petroleum products, including motor fuel, between such dealers,	127842
provided that delivery of the petroleum products occurs at a	127843
refinery, terminal, pipeline, or marine vessel and that the	127844
exchanging dealers agree neither dealer shall require monetary	127845
compensation from the other for the value of the exchanged	127846
petroleum products other than such compensation for differences in	127847
product location or grade. Division (F)(2)~~(gg)~~(ii) of this section	127848
does not apply to amounts realized as a result of differences in	127849
location or grade of exchanged petroleum products or from	127850
handling, lubricity, dye, or other additive injections fees,	127851
pipeline security fees, or similar fees. As used in this division,	127852
"motor fuel," "licensed motor fuel dealer," "licensed permissive	127853
motor fuel dealer," and "terminal" have the same meanings as in	127854
section 5735.01 of the Revised Code.	127855

(3) In the case of a taxpayer when acting as a real estate	127856
broker, "gross receipts" includes only the portion of any fee for	127857
the service of a real estate broker, or service of a real estate	127858
salesperson associated with that broker, that is retained by the	127859
broker and not paid to an associated real estate salesperson or	127860
another real estate broker. For the purposes of this division,	127861
"real estate broker" and "real estate salesperson" have the same	127862
meanings as in section 4735.01 of the Revised Code.	127863

(4) A taxpayer's method of accounting for gross receipts for	127864
a tax period shall be the same as the taxpayer's method of	127865
accounting for federal income tax purposes for the taxpayer's	127866
federal taxable year that includes the tax period. If a taxpayer's	127867
method of accounting for federal income tax purposes changes, its	127868
method of accounting for gross receipts under this chapter shall	127869
be changed accordingly.	127870

(G) "Taxable gross receipts" means gross receipts sitused to	127871
this state under section 5751.033 of the Revised Code.	127872

(H) A person has "substantial nexus with this state" if any	127873
of the following applies. The person:	127874

(1) Owns or uses a part or all of its capital in this state;

127875

(2) Holds a certificate of compliance with the laws of this	127876
state authorizing the person to do business in this state;	127877

(3) Has bright-line presence in this state;

127878

(4) Otherwise has nexus with this state to an extent that the	127879
person can be required to remit the tax imposed under this chapter	127880
under the Constitution of the United States.	127881

(I) A person has "bright-line presence" in this state for a	127882
reporting period and for the remaining portion of the calendar	127883
year if any of the following applies. The person:	127884

(1) Has at any time during the calendar year property in this	127885
state with an aggregate value of at least fifty thousand dollars.	127886
For the purpose of division (I)(1) of this section, owned property	127887
is valued at original cost and rented property is valued at eight	127888
times the net annual rental charge.	127889

(2) Has during the calendar year payroll in this state of at	127890
least fifty thousand dollars. Payroll in this state includes all	127891
of the following:	127892

(a) Any amount subject to withholding by the person under	127893
section 5747.06 of the Revised Code;	127894

(b) Any other amount the person pays as compensation to an	127895
individual under the supervision or control of the person for work	127896
done in this state; and	127897

(c) Any amount the person pays for services performed in this	127898
state on its behalf by another.	127899

(3) Has during the calendar year taxable gross receipts of at	127900
least five hundred thousand dollars.	127901

(4) Has at any time during the calendar year within this	127902
state at least twenty-five per cent of the person's total	127903
property, total payroll, or total gross receipts.	127904

(5) Is domiciled in this state as an individual or for	127905
corporate, commercial, or other business purposes.	127906

(J) "Tangible personal property" has the same meaning as in	127907
section 5739.01 of the Revised Code.	127908

(K) "Internal Revenue Code" means the Internal Revenue Code	127909
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	127910
this chapter that is not otherwise defined has the same meaning as	127911
when used in a comparable context in the laws of the United States	127912
relating to federal income taxes unless a different meaning is	127913
clearly required. Any reference in this chapter to the Internal	127914
Revenue Code includes other laws of the United States relating to	127915
federal income taxes.	127916

(L) "Calendar quarter" means a three-month period ending on	127917
the thirty-first day of March, the thirtieth day of June, the	127918
thirtieth day of September, or the thirty-first day of December.	127919

(M) "Tax period" means the calendar quarter or calendar year	127920
on the basis of which a taxpayer is required to pay the tax	127921
imposed under this chapter.	127922

(N) "Calendar year taxpayer" means a taxpayer for which the	127923
tax period is a calendar year.	127924

(O) "Calendar quarter taxpayer" means a taxpayer for which	127925
the tax period is a calendar quarter.	127926

(P) "Agent" means a person authorized by another person to	127927
act on its behalf to undertake a transaction for the other,	127928
including any of the following:	127929

(1) A person receiving a fee to sell financial instruments;

127930

(2) A person retaining only a commission from a transaction	127931
with the other proceeds from the transaction being remitted to	127932
another person;	127933

(3) A person issuing licenses and permits under section	127934
1533.13 of the Revised Code;	127935

(4) A lottery sales agent holding a valid license issued	127936
under section 3770.05 of the Revised Code;	127937

(5) A person acting as an agent of the division of liquor	127938
control under section 4301.17 of the Revised Code.	127939

(Q) "Received" includes amounts accrued under the accrual	127940
method of accounting.	127941

(R) "Reporting person" means a person in a consolidated	127942
elected taxpayer or combined taxpayer group that is designated by	127943
that group to legally bind the group for all filings and tax	127944
liabilities and to receive all legal notices with respect to	127945
matters under this chapter, or, for the purposes of section	127946
5751.04 of the Revised Code, a separate taxpayer that is not a	127947
member of such a group.	127948

Sec. 5751.011. (A) A group of two or more persons may elect	127949
to be a consolidated elected taxpayer for the purposes of this	127950
chapter if the group satisfies all of the following requirements:	127951

(1) The group elects to include all persons, including	127952
persons enumerated in divisions (E)(2) to (10) of section 5751.01	127953
of the Revised Code, having at least eighty per cent, or having at	127954
least fifty per cent, of the value of their ownership interests	127955
owned or controlled, directly or constructively through related	127956
interests, by common owners during all or any portion of the tax	127957
period, together with the common owners.	127958

A group making its initial election on the basis of the	127959
eighty per cent ownership test may change its election so that its	127960
consolidated elected taxpayer group is formed on the basis of the	127961
fifty per cent ownership test if all of the following are	127962
satisfied:	127963

(a) When the initial election was made, the group did not	127964
have any persons satisfying the fifty per cent ownership test;	127965

(b) One or more of the persons in the initial group	127966
subsequently acquires ownership interests in a person such that	127967
the fifty per cent ownership test is satisfied, the eighty per	127968
cent ownership test is not satisfied, and the acquired person	127969
would be required to be included in a combined taxpayer group	127970
under section 5751.012 of the Revised Code;	127971

(c) The group requests the change in a written request to the	127972
tax commissioner on or before the due date for filing the first	127973
return due under section 5751.051 of the Revised Code after the	127974
date of the acquisition;	127975

(d) The group has not previously changed its election.

127976

At the election of the group, all entities that are not	127977
incorporated or formed under the laws of a state or of the United	127978
States and that meet the consolidated elected ownership test shall	127979
either be included in the group or all shall be excluded from the	127980
group. If, at the time of registration, the group does not include	127981
any such entities that meet the consolidated elected ownership	127982
test, the group shall elect to either include or exclude the newly	127983
acquired entities before the due date of the first return due	127984
after the date of the acquisition.	127985

Each group shall notify the tax commissioner of the foregoing	127986
elections before the due date of the return for the period in	127987
which the election becomes binding. If fifty per cent of the value	127988
of a person's ownership interests is owned or controlled by each	127989
of two consolidated elected taxpayer groups formed under the fifty	127990
per cent ownership or control test, that person is a member of	127991
each group for the purposes of this section, and each group shall	127992
include in the group's taxable gross receipts fifty per cent of	127993
that person's taxable gross receipts. Otherwise, all of that	127994
person's taxable gross receipts shall be included in the taxable	127995
gross receipts of the consolidated elected taxpayer group of which	127996
the person is a member. In no event shall the ownership or control	127997
of fifty per cent of the value of a person's ownership interests	127998
by two otherwise unrelated groups form the basis for consolidating	127999
the groups into a single consolidated elected taxpayer group or	128000
permit any exclusion under division (C) of this section of taxable	128001
gross receipts between members of the two groups. Division (A)(3)	128002
of this section applies with respect to the elections described in	128003
this division.	128004

(2) The group makes the election to be treated as a	128005
consolidated elected taxpayer in the manner prescribed under	128006
division (D) of this section.	128007

(3) Subject to review and audit by the tax commissioner, the	128008
group agrees that all of the following apply:	128009

(a) The group shall file reports as a single taxpayer for at	128010
least the next eight calendar quarters following the election so	128011
long as at least two or more of the members of the group meet the	128012
requirements of division (A)(1) of this section.	128013

(b) Before the expiration of the eighth such calendar	128014
quarter, the group shall notify the commissioner if it elects to	128015
cancel its designation as a consolidated elected taxpayer. If the	128016
group does not so notify the tax commissioner, the election	128017
remains in effect for another eight calendar quarters.	128018

(c) If, at any time during any of those eight calendar	128019
quarters following the election, a former member of the group no	128020
longer meets the requirements under division (A)(1) of this	128021
section, that member shall report and pay the tax imposed under	128022
this chapter separately, as a member of a combined taxpayer, or,	128023
if the former member satisfies such requirements with respect to	128024
another consolidated elected group, as a member of that	128025
consolidated elected group.	128026

(d) The group agrees to the application of division (B) of	128027
this section.	128028

(B) A group of persons making the election under this section	128029
shall report and pay tax on all of the group's taxable gross	128030
receipts even if substantial nexus with this state does not exist	128031
for one or more persons in the group.	128032

(C)(1)(a) Members of a consolidated elected taxpayer group	128033
shall exclude gross receipts among persons included in the	128034
consolidated elected taxpayer group.	128035

(b) Subject to divisions (C)(1)(c) and (C)(2) of this	128036
section, nothing in this section shall have the effect of	128037
requiring a consolidated elected taxpayer group to include gross	128038
receipts received by a person enumerated in divisions (E)(2) to	128039
(10) of section 5751.01 of the Revised Code if that person is a	128040
member of the group pursuant to the elections made by the group	128041
under division (A)(1) of this section.	128042

(c)(i) As used in division (C)(1)(c) of this section, "dealer	128043
transfer" means a transfer of property that satisfies both of the	128044
following: (I) the property is directly transferred by any means	128045
from one member of the group to another member of the group that	128046
is a dealer in intangibles but is not a qualifying dealer as	128047
defined in section ~~5725.24~~5707.031 of the Revised Code; and (II)	128048
the property is subsequently delivered by the dealer in	128049
intangibles to a person that is not a member of the group.	128050

(ii) In the event of a dealer transfer, a consolidated	128051
elected taxpayer group shall not exclude, under division (C) of	128052
this section, gross receipts from the transfer described in	128053
division (C)(1)(c)(i)(I) of this section.	128054

(2) Gross receipts related to the sale or transmission of	128055
electricity through the use of an intermediary regional	128056
transmission organization approved by the federal energy	128057
regulatory commission shall be excluded from taxable gross	128058
receipts under division (C)(1) of this section if all other	128059
requirements of that division are met, even if the receipts are	128060
from and to the same member of the group.	128061

(D) To make the election to be a consolidated elected	128062
taxpayer, a group of persons shall notify the tax commissioner of	128063
the election in the manner prescribed by the commissioner and pay	128064
the commissioner a registration fee equal to the lesser of two	128065
hundred dollars or twenty dollars for each person in the group. No	128066
additional fee shall be imposed for the addition of new members to	128067
the group once the group has remitted a fee in the amount of two	128068
hundred dollars. The election shall be made and the fee paid	128069
before the beginning of the first calendar quarter to which the	128070
election applies. The fee shall be collected and used in the same	128071
manner as provided in section 5751.04 of the Revised Code.	128072

The election shall be made on a form prescribed by the tax	128073
commissioner for that purpose and shall be signed by one or more	128074
individuals with authority, separately or together, to make a	128075
binding election on behalf of all persons in the group.	128076

Any person acquired or formed after the filing of the	128077
registration shall be included in the group if the person meets	128078
the requirements of division (A)(1) of this section, and the group	128079
shall notify the tax commissioner of any additions to the group	128080
with the next tax return it files with the commissioner.	128081

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	128082
the Revised Code:	128083

(1) "School district," "joint vocational school district,"	128084
"local taxing unit," "recognized valuation," "fixed-rate levy,"	128085
and "fixed-sum levy" have the same meanings as used in section	128086
5727.84 of the Revised Code.	128087

(2) "State education aid" for a school district means the	128088
following:	128089

(a) For fiscal years prior to fiscal year 2010, the sum of	128090
state aid amounts computed for the district under the following	128091
provisions, as they existed for the applicable fiscal year:	128092
division (A) of section 3317.022 of the Revised Code, including	128093
the amounts calculated under sections 3317.029 and 3317.0217 of	128094
the Revised Code; divisions (C)(1), (C)(4), (D), (E), and (F) of	128095
section 3317.022; divisions (B), (C), and (D) of section 3317.023;	128096
divisions (L) and (N) of section 3317.024; section 3317.0216; and	128097
any unit payments for gifted student services paid under sections	128098
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	128099
for fiscal years 2008 and 2009, the amount computed for the	128100
district under Section 269.20.80 of H.B. 119 of the 127th general	128101
assembly and as that section subsequently may be amended shall be	128102
substituted for the amount computed under division (D) of section	128103
3317.022 of the Revised Code, and the amount computed under	128104
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	128105
that section subsequently may be amended shall be included.	128106

(b) For fiscal ~~year~~years 2010 and ~~for each fiscal year~~	128107
~~thereafter~~2011, the sum of the amounts computed under former	128108
sections 3306.052, 3306.12, 3306.13, 3306.19, 3306.191, and	128109
3306.192 of the Revised Code.;	128110

(c) For fiscal years 2012 and 2013, the amount paid in	128111
accordance with the section of H.B. 153 of the 129th general	128112
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL	128113
SCHOOL DISTRICTS."	128114

(3) "State education aid" for a joint vocational school	128115
district means the following:	128116

(a) For fiscal years prior to fiscal year 2010, the sum of	128117
the state aid computed for the district under division (N) of	128118
section 3317.024 and section 3317.16 of the Revised Code, except	128119
that, for fiscal years 2008 and 2009, the amount computed under	128120
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	128121
that section subsequently may be amended shall be included.	128122

(b) For fiscal years 2010 and 2011, the amount paid in	128123
accordance with the section of ~~this act~~H.B. 1 of the 128th	128124
general assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	128125
DISTRICTS."	128126

(c) For fiscal years 2012 and 2013, the amount paid in	128127
accordance with the section of H.B. 153 of the 129th general	128128
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	128129

(4) "State education aid offset" means the amount determined	128130
for each school district or joint vocational school district under	128131
division (A)(1) of section 5751.21 of the Revised Code.	128132

(5) "Machinery and equipment property tax value loss" means	128133
the amount determined under division (C)(1) of this section.	128134

(6) "Inventory property tax value loss" means the amount	128135
determined under division (C)(2) of this section.	128136

(7) "Furniture and fixtures property tax value loss" means	128137
the amount determined under division (C)(3) of this section.	128138

(8) "Machinery and equipment fixed-rate levy loss" means the	128139
amount determined under division (D)(1) of this section.	128140

(9) "Inventory fixed-rate levy loss" means the amount	128141
determined under division (D)(2) of this section.	128142

(10) "Furniture and fixtures fixed-rate levy loss" means the	128143
amount determined under division (D)(3) of this section.	128144

(11) "Total fixed-rate levy loss" means the sum of the	128145
machinery and equipment fixed-rate levy loss, the inventory	128146
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	128147
loss, and the telephone company fixed-rate levy loss.	128148

(12) "Fixed-sum levy loss" means the amount determined under	128149
division (E) of this section.	128150

(13) "Machinery and equipment" means personal property	128151
subject to the assessment rate specified in division (F) of	128152
section 5711.22 of the Revised Code.	128153

(14) "Inventory" means personal property subject to the	128154
assessment rate specified in division (E) of section 5711.22 of	128155
the Revised Code.	128156

(15) "Furniture and fixtures" means personal property subject	128157
to the assessment rate specified in division (G) of section	128158
5711.22 of the Revised Code.	128159

(16) "Qualifying levies" are levies in effect for tax year	128160
2004 or applicable to tax year 2005 or approved at an election	128161
conducted before September 1, 2005. For the purpose of determining	128162
the rate of a qualifying levy authorized by section 5705.212 or	128163
5705.213 of the Revised Code, the rate shall be the rate that	128164
would be in effect for tax year 2010.	128165

(17) "Telephone property" means tangible personal property of	128166
a telephone, telegraph, or interexchange telecommunications	128167
company subject to an assessment rate specified in section	128168
5727.111 of the Revised Code in tax year 2004.	128169

(18) "Telephone property tax value loss" means the amount	128170
determined under division (C)(4) of this section.	128171

(19) "Telephone property fixed-rate levy loss" means the	128172
amount determined under division (D)(4) of this section.	128173

(20) "Taxes charged and payable" means taxes charged and	128174
payable after the reduction required by section 319.301 of the	128175
Revised Code but before the reductions required by sections	128176
319.302 and 323.152 of the Revised Code.	128177

(21) "Median estate tax collections" means, in the case of a	128178
municipal corporation to which revenue from the taxes levied in	128179
Chapter 5731. of the Revised Code was distributed in each of	128180
calendar years 2006, 2007, 2008, and 2009, the median of those	128181
distributions. In the case of a municipal corporation to which no	128182
distributions were made in one or more of those years, "median	128183
estate tax collections" means zero.	128184

(22) "Total resources," in the case of a school district,	128185
means the sum of the amounts in divisions (A)(22)(a) to (h) of	128186
this section less any reduction required under division (A)(32) of	128187
this section.	128188

(a) The state education aid for fiscal year 2010;

128189

(b) The sum of the payments received by the school district	128190
in fiscal year 2010 for current expense levy losses pursuant to	128191
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	128192
section 5751.21 of the Revised Code, excluding the portion of such	128193
payments attributable to levies for joint vocational school	128194
district purposes;	128195

(c) The sum of fixed-sum levy loss payments received by the	128196
school district in fiscal year 2010 pursuant to division (E)(1) of	128197
section 5727.85 and division (E)(1) of section 5751.21 of the	128198
Revised Code for fixed-sum levies imposed for a purpose other than	128199
paying debt charges;	128200

(d) Fifty per cent of the school district's taxes charged and	128201
payable against all property on the tax list of real and public	128202
utility property for current expense purposes for tax year 2008,	128203
including taxes charged and payable from emergency levies imposed	128204
under section 5709.194 of the Revised Code and excluding taxes	128205
levied for joint vocational school district purposes;	128206

(e) Fifty per cent of the school district's taxes charged and	128207
payable against all property on the tax list of real and public	128208
utility property for current expenses for tax year 2009, including	128209
taxes charged and payable from emergency levies and excluding	128210
taxes levied for joint vocational school district purposes;	128211

(f) The school district's taxes charged and payable against	128212
all property on the general tax list of personal property for	128213
current expenses for tax year 2009, including taxes charged and	128214
payable from emergency levies;	128215

(g) The amount certified for fiscal year 2010 under division	128216
(A)(2) of section 3317.08 of the Revised Code;	128217

(h) Distributions received during calendar year 2009 from	128218
taxes levied under section 718.09 of the Revised Code.	128219

(23) "Total resources," in the case of a joint vocational	128220
school district, means the sum of amounts in divisions (A)(23)(a)	128221
to (g) of this section less any reduction required under division	128222
(A)(32) of this section.	128223

(a) The state education aid for fiscal year 2010;

128224

(b) The sum of the payments received by the joint vocational	128225
school district in fiscal year 2010 for current expense levy	128226
losses pursuant to division (C)(2) of section 5727.85 and	128227
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	128228

(c) Fifty per cent of the joint vocational school district's	128229
taxes charged and payable against all property on the tax list of	128230
real and public utility property for current expense purposes for	128231
tax year 2008;	128232

(d) Fifty per cent of the joint vocational school district's	128233
taxes charged and payable against all property on the tax list of	128234
real and public utility property for current expenses for tax year	128235
2009;	128236

(e) Fifty per cent of a city, local, or exempted village	128237
school district's taxes charged and payable against all property	128238
on the tax list of real and public utility property for current	128239
expenses of the joint vocational school district for tax year	128240
2008;	128241

(f) Fifty per cent of a city, local, or exempted village	128242
school district's taxes charged and payable against all property	128243
on the tax list of real and public utility property for current	128244
expenses of the joint vocational school district for tax year	128245
2009;	128246

(g) The joint vocational school district's taxes charged and	128247
payable against all property on the general tax list of personal	128248
property for current expenses for tax year 2009.	128249

(24) "Total resources," in the case of county mental health	128250
and disability related functions, means the sum of the amounts in	128251
divisions (A)(24)(a) and (b) of this section less any reduction	128252
required under division (A)(32) of this section.	128253

(a) The sum of the payments received by the county for mental	128254
health and developmental disability related functions in calendar	128255
year 2010 under division (A)(1) of section 5727.86 and division	128256
(A)(1) and (2) of section 5751.22 of the Revised Code as they	128257
existed at that time;	128258

(b) With respect to taxes levied by the county for mental	128259
health and developmental disability related purposes, the taxes	128260
charged and payable for such purposes against all property on the	128261
tax list of real and public utility property for tax year 2009.	128262

(25) "Total resources," in the case of county senior services	128263
related functions, means the sum of the amounts in divisions	128264
(A)(25)(a) and (b) of this section less any reduction required	128265
under division (A)(32) of this section.	128266

(a) The sum of the payments received by the county for senior	128267
services related functions in calendar year 2010 under division	128268
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	128269
5751.22 of the Revised Code as they existed at that time;	128270

(b) With respect to taxes levied by the county for senior	128271
services related purposes, the taxes charged and payable for such	128272
purposes against all property on the tax list of real and public	128273
utility property for tax year 2009.	128274

(26) "Total resources," in the case of county children's	128275
services related functions, means the sum of the amounts in	128276
divisions (A)(26)(a) and (b) of this section less any reduction	128277
required under division (A)(32) of this section.	128278

(a) The sum of the payments received by the county for	128279
children's services related functions in calendar year 2010 under	128280
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	128281
section 5751.22 of the Revised Code as they existed at that time;	128282

(b) With respect to taxes levied by the county for children's	128283
services related purposes, the taxes charged and payable for such	128284
purposes against all property on the tax list of real and public	128285
utility property for tax year 2009.	128286

(27) "Total resources," in the case of county public health	128287
related functions, means the sum of the amounts in divisions	128288
(A)(27)(a) and (b) of this section less any reduction required	128289
under division (A)(32) of this section.	128290

(a) The sum of the payments received by the county for public	128291
health related functions in calendar year 2010 under division	128292
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	128293
5751.22 of the Revised Code as they existed at that time;	128294

(b) With respect to taxes levied by the county for public	128295
health related purposes, the taxes charged and payable for such	128296
purposes against all property on the tax list of real and public	128297
utility property for tax year 2009.	128298

(28) "Total resources," in the case of all county functions	128299
not included in divisions (A)(24) to (27) of this section, means	128300
the sum of the amounts in divisions (A)(28)(a) to (d) of this	128301
section less any reduction required under division (A)(32) of this	128302
section.	128303

(a) The sum of the payments received by the county for all	128304
other purposes in calendar year 2010 under division (A)(1) of	128305
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	128306
the Revised Code as they existed at that time;	128307

(b) The county's percentage share of county undivided local	128308
government fund allocations as certified to the tax commissioner	128309
for calendar year 2010 by the county auditor under division (J) of	128310
section 5747.51 of the Revised Code or division (F) of section	128311
5747.53 of the Revised Code multiplied by the total amount	128312
actually distributed in calendar year 2010 from the county	128313
undivided local government fund;	128314

(c) With respect to taxes levied by the county for all other	128315
purposes, the taxes charged and payable for such purposes against	128316
all property on the tax list of real and public utility property	128317
for tax year 2009, excluding taxes charged and payable for the	128318
purpose of paying debt charges;	128319

(d) The sum of the amounts distributed to the county in	128320
calendar year 2010 for the taxes levied pursuant to sections	128321
5739.021 and 5741.021 of the Revised Code.	128322

(29) "Total resources," in the case of a municipal	128323
corporation, means the sum of the amounts in divisions (A)(29)(a)	128324
to (g) of this section less any reduction required under division	128325
(A)(32) of this section.	128326

(a) The sum of the payments received by the municipal	128327
corporation in calendar year 2010 under division (A)(1) of section	128328
5727.86 and divisions (A)(1) and (2) of section 5751.22 of the	128329
Revised Code as they existed at that time;	128330

(b) The municipal corporation's percentage share of county	128331
undivided local government fund allocations as certified to the	128332
tax commissioner for calendar year 2010 by the county auditor	128333
under division (J) of section 5747.51 of the Revised Code or	128334
division (F) of section 5747.53 of the Revised Code multiplied by	128335
the total amount actually distributed in calendar year 2010 from	128336
the county undivided local government fund;	128337

(c) The sum of the amounts distributed to the municipal	128338
corporation in calendar year 2010 pursuant to section 5747.50 of	128339
the Revised Code;	128340

(d) With respect to taxes levied by the municipal	128341
corporation, the taxes charged and payable against all property on	128342
the tax list of real and public utility property for current	128343
expenses, defined in division (A)(33) of this section, for tax	128344
year 2009;	128345

(e) The amount of admissions tax collected by the municipal	128346
corporation in calendar year 2008, or if such information has not	128347
yet been reported to the tax commissioner, in the most recent year	128348
before 2008 for which the municipal corporation has reported data	128349
to the commissioner;	128350

(f) The amount of income taxes collected by the municipal	128351
corporation in calendar year 2008, or if such information has not	128352
yet been reported to the tax commissioner, in the most recent year	128353
before 2008 for which the municipal corporation has reported data	128354
to the commissioner;	128355

(g) The municipal corporation's median estate tax	128356
collections.	128357

(30) "Total resources," in the case of a township, means the	128358
sum of the amounts in divisions (A)(30)(a) to (c) of this section	128359
less any reduction required under division (A)(32) of this	128360
section.	128361

(a) The sum of the payments received by the township in	128362
calendar year 2010 pursuant to division (A)(1) of section 5727.86	128363
of the Revised Code and divisions (A)(1) and (2) of section	128364
5751.22 of the Revised Code as they existed at that time,	128365
excluding payments received for debt purposes;	128366

(b) The township's percentage share of county undivided local	128367
government fund allocations as certified to the tax commissioner	128368
for calendar year 2010 by the county auditor under division (J) of	128369
section 5747.51 of the Revised Code or division (F) of section	128370
5747.53 of the Revised Code multiplied by the total amount	128371
actually distributed in calendar year 2010 from the county	128372
undivided local government fund;	128373

(c) With respect to taxes levied by the township, the taxes	128374
charged and payable against all property on the tax list of real	128375
and public utility property for tax year 2009 excluding taxes	128376
charged and payable for the purpose of paying debt charges.	128377

(31) "Total resources," in the case of a local taxing unit	128378
that is not a county, municipal corporation, or township, means	128379
the sum of the amounts in divisions (A)(31)(a) to (e) of this	128380
section less any reduction required under division (A)(32) of this	128381
section.	128382

(a) The sum of the payments received by the local taxing unit	128383
in calendar year 2010 pursuant to division (A)(1) of section	128384
5727.86 of the Revised Code and divisions (A)(1) and (2) of	128385
section 5751.22 of the Revised Code as they existed at that time;	128386

(b) The local taxing unit's percentage share of county	128387
undivided local government fund allocations as certified to the	128388
tax commissioner for calendar year 2010 by the county auditor	128389
under division (J) of section 5747.51 of the Revised Code or	128390
division (F) of section 5747.53 of the Revised Code multiplied by	128391
the total amount actually distributed in calendar year 2010 from	128392
the county undivided local government fund;	128393

(c) With respect to taxes levied by the local taxing unit,	128394
the taxes charged and payable against all property on the tax list	128395
of real and public utility property for tax year 2009 excluding	128396
taxes charged and payable for the purpose of paying debt charges;	128397

(d) The amount received from the tax commissioner during	128398
calendar year 2010 for sales or use taxes authorized under	128399
sections 5739.023 and 5741.022 of the Revised Code;	128400

(e) For institutions of higher education receiving tax	128401
revenue from a local levy, as identified in section 3358.02 of the	128402
Revised Code, the final state share of instruction allocation for	128403
fiscal year 2010 as calculated by the board of regents and	128404
reported to the state controlling board.	128405

(32) If a fixed-rate levy that is a qualifying levy is not	128406
imposed in any year after tax year 2010, "total resources" used to	128407
compute payments to be made under division (C)(12) of section	128408
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	128409
Revised Code in the tax years following the last year the levy is	128410
imposed shall be reduced by the amount of payments attributable to	128411
the fixed-rate levy loss of that levy as would be computed under	128412
division (C)(2) of section 5727.85, division (A)(1) of section	128413
5727.85, divisions (C)(8) and (9) of section 5751.21, or division	128414
(A)(1) of section 5751.22 of the Revised Code.	128415

(33) "Municipal current expense property tax levies" means	128416
all property tax levies of a municipality, except those with the	128417
following levy names: airport resurfacing; bond or any levy name	128418
including the word "bond"; capital improvement or any levy name	128419
including the word "capital"; debt or any levy name including the	128420
word "debt"; equipment or any levy name including the word	128421
"equipment," unless the levy is for combined operating and	128422
equipment; employee termination fund; fire pension or any levy	128423
containing the word "pension," including police pensions;	128424
fireman's fund or any practically similar name; sinking fund; road	128425
improvements or any levy containing the word "road"; fire truck or	128426
apparatus; flood or any levy containing the word "flood";	128427
conservancy district; county health; note retirement; sewage, or	128428
any levy containing the words "sewage" or "sewer"; park	128429
improvement; parkland acquisition; storm drain; street or any levy	128430
name containing the word "street"; lighting, or any levy name	128431
containing the word "lighting"; and water.	128432

(34) "Current expense TPP allocation" means, in the case of a	128433
school district or joint vocational school district, the sum of	128434
the payments received by the school district in fiscal year 2011	128435
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	128436
Revised Code to the extent paid for current expense levies. In the	128437
case of a municipal corporation, "current expense TPP allocation"	128438
means the sum of the payments received by the municipal	128439
corporation in calendar year 2010 pursuant to divisions (A)(1) and	128440
(2) of section 5751.22 of the Revised Code to the extent paid for	128441
municipal current expense property tax levies as defined in	128442
division (A)(33) of this section. If a fixed-rate levy that is a	128443
qualifying levy is not imposed in any year after tax year 2010,	128444
"current expense TPP allocation" used to compute payments to be	128445
made under division (C)(12) of section 5751.21 or division	128446
(A)(1)(b) or (c) of section 5751.22 of the Revised Code in the tax	128447
years following the last year the levy is imposed shall be reduced	128448
by the amount of payments attributable to the fixed-rate levy loss	128449
of that levy as would be computed under divisions (C)(10) and (11)	128450
of section 5751.21 or division (A)(1) of section 5751.22 of the	128451
Revised Code.	128452

(35) "TPP allocation" means the sum of payments received by a	128453
local taxing unit in calendar year 2010 pursuant to divisions	128454
(A)(1) and (2) of section 5751.22 of the Revised Code. If a	128455
fixed-rate levy that is a qualifying levy is not imposed in any	128456
year after tax year 2010, "TPP allocation" used to compute	128457
payments to be made under division (A)(1)(b) or (c) of section	128458
5751.22 of the Revised Code in the tax years following the last	128459
year the levy is imposed shall be reduced by the amount of payment	128460
attributable to the fixed-rate levy loss of that levy as would be	128461
computed under division (A)(1) of that section.	128462

(36) "Total TPP allocation" means, in the case of a school	128463
district or joint vocational school district, the sum of the	128464
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	128465
and (11) and (D) of section 5751.21 of the Revised Code. In the	128466
case of a local taxing unit, "total TPP allocation" means the sum	128467
of payments received by the unit in calendar year 2010 pursuant to	128468
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	128469
Code. If a fixed-rate levy that is a qualifying levy is not	128470
imposed in any year after tax year 2010, "total TPP allocation"	128471
used to compute payments to be made under division (C)(12) of	128472
section 5751.21 or division (A)(1)(b) or (c) of section 5751.22 of	128473
the Revised Code in the tax years following the last year the levy	128474
is imposed shall be reduced by the amount of payments attributable	128475
to the fixed-rate levy loss of that levy as would be computed	128476
under divisions (C)(10) and (11) of section 5751.21 or division	128477
(A)(1) of section 5751.22 of the Revised Code.	128478

(37) "Non-current expense TPP allocation" means the	128479
difference of total TPP allocation minus the sum of current	128480
expense TPP allocation and the portion of total TPP allocation	128481
constituting reimbursement for debt levies, pursuant to division	128482
(D) of section 5751.21 of the Revised Code in the case of a school	128483
district or joint vocational school district and pursuant to	128484
division (A)(3) of section 5751.22 of the Revised Code in the case	128485
of a municipal corporation.	128486

(38) "Threshold per cent" means, in the case of a school	128487
district or joint vocational school district, two per cent for	128488
fiscal year 2012 and four per cent for fiscal years 2013 and	128489
thereafter. In the case of a local taxing unit, "threshold per	128490
cent" means two per cent for tax year 2011, four per cent for tax	128491
year 2012, and six per cent for tax years 2013 and thereafter.	128492

(B) The commercial activities tax receipts fund is hereby	128493
created in the state treasury and shall consist of money arising	128494
from the tax imposed under this chapter. Eighty-five	128495
one-hundredths of one per cent of the money credited to that fund	128496
shall be credited to the tax reform system implementation fund,	128497
which is hereby created in the state treasury, and shall be used	128498
to defray the costs incurred by the department of taxation in	128499
administering the tax imposed by this chapter and in implementing	128500
tax reform measures. The remainder in the commercial activities	128501
tax receipts fund shall be credited for each fiscal year in the	128502
following percentages to the general revenue fund, to the school	128503
district tangible property tax replacement fund, which is hereby	128504
created in the state treasury for the purpose of making the	128505
payments described in section 5751.21 of the Revised Code, and to	128506
the local government tangible property tax replacement fund, which	128507
is hereby created in the state treasury for the purpose of making	128508
the payments described in section 5751.22 of the Revised Code, in	128509
the following percentages:	128510

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	128511
2006	67.7%	22.6%	9.7%	128512
2007	0%	70.0%	30.0%	128513
2008	0%	70.0%	30.0%	128514
2009	0%	70.0%	30.0%	128515
2010	0%	70.0%	30.0%	128516
2011	0%	70.0%	30.0%	128517
2012	~~5.3~~ 25.0%	~~70.0~~ 52.5%	~~24.7~~ 22.5%	128518
2013 and thereafter	~~10.6~~ 50.0%	~~70.0~~ 35.0%	~~19.4~~ 15.0%	128519
~~2014~~	~~14.1%~~	~~70.0%~~	~~15.9%~~	128520
~~2015~~	~~17.6%~~	~~70.0%~~%	~~12.4%~~	128521
~~2016~~	~~21.1%~~	~~70.0%~~%	~~8.9%~~	128522
~~2017~~	~~24.6%~~	~~70.0%~~%	~~5.4%~~	128523
~~2018~~	~~28.1%~~	~~70.0%~~%	~~1.9%~~	128524
~~2019 and thereafter~~	~~30%~~	~~70%~~%	0%	128525

(C) Not later than September 15, 2005, the tax commissioner	128526
shall determine for each school district, joint vocational school	128527
district, and local taxing unit its machinery and equipment,	128528
inventory property, furniture and fixtures property, and telephone	128529
property tax value losses, which are the applicable amounts	128530
described in divisions (C)(1), (2), (3), and (4) of this section,	128531
except as provided in division (C)(5) of this section:	128532

(1) Machinery and equipment property tax value loss is the	128533
taxable value of machinery and equipment property as reported by	128534
taxpayers for tax year 2004 multiplied by:	128535

(a) For tax year 2006, thirty-three and eight-tenths per	128536
cent;	128537

(b) For tax year 2007, sixty-one and three-tenths per cent;

128538

128539

(d) For tax year 2009 and thereafter, one hundred per cent.

128540

(2) Inventory property tax value loss is the taxable value of	128541
inventory property as reported by taxpayers for tax year 2004	128542
multiplied by:	128543

(a) For tax year 2006, a fraction, the numerator of which is	128544
five and three-fourths and the denominator of which is	128545
twenty-three;	128546

(b) For tax year 2007, a fraction, the numerator of which is	128547
nine and one-half and the denominator of which is twenty-three;	128548

(c) For tax year 2008, a fraction, the numerator of which is	128549
thirteen and one-fourth and the denominator of which is	128550
twenty-three;	128551

(d) For tax year 2009 and thereafter a fraction, the	128552
numerator of which is seventeen and the denominator of which is	128553
twenty-three.	128554

(3) Furniture and fixtures property tax value loss is the	128555
taxable value of furniture and fixture property as reported by	128556
taxpayers for tax year 2004 multiplied by:	128557

(a) For tax year 2006, twenty-five per cent;

128558

(b) For tax year 2007, fifty per cent;

128559

128560

(d) For tax year 2009 and thereafter, one hundred per cent.

128561

The taxable value of property reported by taxpayers used in	128562
divisions (C)(1), (2), and (3) of this section shall be such	128563
values as determined to be final by the tax commissioner as of	128564
August 31, 2005. Such determinations shall be final except for any	128565
correction of a clerical error that was made prior to August 31,	128566
2005, by the tax commissioner.	128567

(4) Telephone property tax value loss is the taxable value of	128568
telephone property as taxpayers would have reported that property	128569
for tax year 2004 if the assessment rate for all telephone	128570
property for that year were twenty-five per cent, multiplied by:	128571

(a) For tax year 2006, zero per cent;

128572

(b) For tax year 2007, zero per cent;

128573

128574

(d) For tax year 2009, sixty per cent;

128575

(e) For tax year 2010, eighty per cent;

128576

(f) For tax year 2011 and thereafter, one hundred per cent.

128577

(5) Division (C)(5) of this section applies to any school	128578
district, joint vocational school district, or local taxing unit	128579
in a county in which is located a facility currently or formerly	128580
devoted to the enrichment or commercialization of uranium or	128581
uranium products, and for which the total taxable value of	128582
property listed on the general tax list of personal property for	128583
any tax year from tax year 2001 to tax year 2004 was fifty per	128584
cent or less of the taxable value of such property listed on the	128585
general tax list of personal property for the next preceding tax	128586
year.	128587

In computing the fixed-rate levy losses under divisions	128588
(D)(1), (2), and (3) of this section for any school district,	128589
joint vocational school district, or local taxing unit to which	128590
division (C)(5) of this section applies, the taxable value of such	128591
property as listed on the general tax list of personal property	128592
for tax year 2000 shall be substituted for the taxable value of	128593
such property as reported by taxpayers for tax year 2004, in the	128594
taxing district containing the uranium facility, if the taxable	128595
value listed for tax year 2000 is greater than the taxable value	128596
reported by taxpayers for tax year 2004. For the purpose of making	128597
the computations under divisions (D)(1), (2), and (3) of this	128598
section, the tax year 2000 valuation is to be allocated to	128599
machinery and equipment, inventory, and furniture and fixtures	128600
property in the same proportions as the tax year 2004 values. For	128601
the purpose of the calculations in division (A) of section 5751.21	128602
of the Revised Code, the tax year 2004 taxable values shall be	128603
used.	128604

To facilitate the calculations required under division (C) of	128605
this section, the county auditor, upon request from the tax	128606
commissioner, shall provide by August 1, 2005, the values of	128607
machinery and equipment, inventory, and furniture and fixtures for	128608
all single-county personal property taxpayers for tax year 2004.	128609

(D) Not later than September 15, 2005, the tax commissioner	128610
shall determine for each tax year from 2006 through 2009 for each	128611
school district, joint vocational school district, and local	128612
taxing unit its machinery and equipment, inventory, and furniture	128613
and fixtures fixed-rate levy losses, and for each tax year from	128614
2006 through 2011 its telephone property fixed-rate levy loss.	128615
Except as provided in division (F) of this section, such losses	128616
are the applicable amounts described in divisions (D)(1), (2),	128617
(3), and (4) of this section:	128618

(1) The machinery and equipment fixed-rate levy loss is the	128619
machinery and equipment property tax value loss multiplied by the	128620
sum of the tax rates of fixed-rate qualifying levies.	128621

(2) The inventory fixed-rate loss is the inventory property	128622
tax value loss multiplied by the sum of the tax rates of	128623
fixed-rate qualifying levies.	128624

(3) The furniture and fixtures fixed-rate levy loss is the	128625
furniture and fixture property tax value loss multiplied by the	128626
sum of the tax rates of fixed-rate qualifying levies.	128627

(4) The telephone property fixed-rate levy loss is the	128628
telephone property tax value loss multiplied by the sum of the tax	128629
rates of fixed-rate qualifying levies.	128630

(E) Not later than September 15, 2005, the tax commissioner	128631
shall determine for each school district, joint vocational school	128632
district, and local taxing unit its fixed-sum levy loss. The	128633
fixed-sum levy loss is the amount obtained by subtracting the	128634
amount described in division (E)(2) of this section from the	128635
amount described in division (E)(1) of this section:	128636

(1) The sum of the machinery and equipment property tax value	128637
loss, the inventory property tax value loss, and the furniture and	128638
fixtures property tax value loss, and, for 2008 through ~~2017~~2010,	128639
the telephone property tax value loss of the district or unit	128640
multiplied by the sum of the fixed-sum tax rates of qualifying	128641
levies. For 2006 through 2010, this computation shall include all	128642
qualifying levies remaining in effect for the current tax year and	128643
any school district levies imposed under section 5705.194 or	128644
5705.213 of the Revised Code that are qualifying levies not	128645
remaining in effect for the current year. For 2011 through 2017 in	128646
the case of school district levies imposed under section 5705.194	128647
or 5705.213 of the Revised Code and for all years after 2010 in	128648
the case of other fixed-sum levies, this computation shall include	128649
only qualifying levies remaining in effect for the current year.	128650
For purposes of this computation, a qualifying school district	128651
levy imposed under section 5705.194 or 5705.213 of the Revised	128652
Code remains in effect in a year after 2010 only if, for that	128653
year, the board of education levies a school district levy imposed	128654
under section 5705.194, 5705.199, 5705.213, or 5705.219 of the	128655
Revised Code for an annual sum at least equal to the annual sum	128656
levied by the board in tax year 2004 less the amount of the	128657
payment certified under this division for 2006.	128658

(2) The total taxable value in tax year 2004 less the sum of	128659
the machinery and equipment, inventory, furniture and fixtures,	128660
and telephone property tax value losses in each school district,	128661
joint vocational school district, and local taxing unit multiplied	128662
by one-half of one mill per dollar.	128663

(3) For the calculations in divisions (E)(1) and (2) of this	128664
section, the tax value losses are those that would be calculated	128665
for tax year 2009 under divisions (C)(1), (2), and (3) of this	128666
section and for tax year 2011 under division (C)(4) of this	128667
section.	128668

(4) To facilitate the calculation under divisions (D) and (E)	128669
of this section, not later than September 1, 2005, any school	128670
district, joint vocational school district, or local taxing unit	128671
that has a qualifying levy that was approved at an election	128672
conducted during 2005 before September 1, 2005, shall certify to	128673
the tax commissioner a copy of the county auditor's certificate of	128674
estimated property tax millage for such levy as required under	128675
division (B) of section 5705.03 of the Revised Code, which is the	128676
rate that shall be used in the calculations under such divisions.	128677

If the amount determined under division (E) of this section	128678
for any school district, joint vocational school district, or	128679
local taxing unit is greater than zero, that amount shall equal	128680
the reimbursement to be paid pursuant to division (E) of section	128681
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	128682
and the one-half of one mill that is subtracted under division	128683
(E)(2) of this section shall be apportioned among all contributing	128684
fixed-sum levies in the proportion that each levy bears to the sum	128685
of all fixed-sum levies within each school district, joint	128686
vocational school district, or local taxing unit.	128687

(F) If a school district levies a tax under section 5705.219	128688
of the Revised Code, the fixed-rate levy loss for qualifying	128689
levies, to the extent repealed under that section, shall equal the	128690
sum of the following amounts in lieu of the amounts computed for	128691
such levies under division (D) of this section:	128692

(1) The sum of the rates of qualifying levies to the extent	128693
so repealed multiplied by the sum of the machinery and equipment,	128694
inventory, and furniture and fixtures tax value losses for 2009 as	128695
determined under that division;	128696

(2) The sum of the rates of qualifying levies to the extent	128697
so repealed multiplied by the telephone property tax value loss	128698
for 2011 as determined under that division.	128699

The fixed-rate levy losses for qualifying levies to the	128700
extent not repealed under section 5705.219 of the Revised Code	128701
shall be as determined under division (D) of this section. The	128702
revised fixed-rate levy losses determined under this division and	128703
division (D) of this section first apply in the year following the	128704
first year the district levies the tax under section 5705.219 of	128705
the Revised Code.	128706

(G) Not later than October 1, 2005, the tax commissioner	128707
shall certify to the department of education for every school	128708
district and joint vocational school district the machinery and	128709
equipment, inventory, furniture and fixtures, and telephone	128710
property tax value losses determined under division (C) of this	128711
section, the machinery and equipment, inventory, furniture and	128712
fixtures, and telephone fixed-rate levy losses determined under	128713
division (D) of this section, and the fixed-sum levy losses	128714
calculated under division (E) of this section. The calculations	128715
under divisions (D) and (E) of this section shall separately	128716
display the levy loss for each levy eligible for reimbursement.	128717

(H) Not later than October 1, 2005, the tax commissioner	128718
shall certify the amount of the fixed-sum levy losses to the	128719
county auditor of each county in which a school district, joint	128720
vocational school district, or local taxing unit with a fixed-sum	128721
levy loss reimbursement has territory.	128722

(I) Not later than the twenty-eighth day of February each	128723
year beginning in 2011 and ending in 2014, the tax commissioner	128724
shall certify to the department of education for each school	128725
district first levying a tax under section 5705.219 of the Revised	128726
Code in the preceding year the revised fixed-rate levy losses	128727
determined under divisions (D) and (F) of this section.	128728

Sec. 5751.21. (A) Not later than the thirtieth day of July	128729
of 2007 through ~~2017~~2010, the department of education shall	128730
consult with the director of budget and management and determine	128731
the following for each school district and each joint vocational	128732
school district eligible for payment under division (B) of this	128733
section:	128734

(1) The state education aid offset, which, except as provided	128735
in division (A)(1)(c) of this section, is the difference obtained	128736
by subtracting the amount described in division (A)(1)(b) of this	128737
section from the amount described in division (A)(1)(a) of this	128738
section:	128739

(a) The state education aid computed for the school district	128740
or joint vocational school district for the current fiscal year as	128741
of the thirtieth day of July;	128742

(b) The state education aid that would be computed for the	128743
school district or joint vocational school district for the	128744
current fiscal year as of the thirtieth day of July if the	128745
~~recognized~~ valuation used in the calculation in division (B)(1) of	128746
section 3306.13 of the Revised Code as that division existed for	128747
fiscal years 2010 and 2011 included the machinery and equipment,	128748
inventory, furniture and fixtures, and telephone property tax	128749
value losses for the school district or joint vocational school	128750
district for the second preceding tax year, and if taxes charged	128751
and payable associated with the tax value losses are accounted for	128752
in any state education aid computation dependent on taxes charged	128753
and payable.	128754

(c) The state education aid offset for fiscal year 2010 and	128755
fiscal year 2011 equals the greater of the state education aid	128756
offset calculated for that fiscal year under divisions (A)(1)(a)	128757
and (b) of this section and the state education aid offset	128758
calculated for fiscal year 2009. For fiscal year 2012 and 2013,	128759
the state education aid offset equals the state education aid	128760
offset for fiscal year 2011.	128761

(2) ~~The~~For fiscal years 2008 through 2011, the greater of	128762
zero or the difference obtained by subtracting the state education	128763
aid offset determined under division (A)(1) of this section from	128764
the sum of the machinery and equipment fixed-rate levy loss, the	128765
inventory fixed-rate levy loss, furniture and fixtures fixed-rate	128766
levy loss, and telephone property fixed-rate levy loss certified	128767
under divisions (G) and (I) of section 5751.20 of the Revised Code	128768
for all taxing districts in each school district and joint	128769
vocational school district for the second preceding tax year.	128770

By the thirtieth day of July of each such year, the	128771
department of education and the director of budget and management	128772
shall agree upon the amount to be determined under division (A)(1)	128773
of this section.	128774

(B) On or before the thirty-first day of August of ~~each year~~	128775
~~beginning in~~ 2008, 2009, and 2010, the department of education	128776
shall recalculate the offset described under division (A) of this	128777
section for the previous fiscal year and recalculate the payments	128778
made under division (C) of this section in the preceding fiscal	128779
year using the offset calculated under this division. If the	128780
payments calculated under this division differ from the payments	128781
made under division (C) of this section in the preceding fiscal	128782
year, the difference shall either be paid to a school district or	128783
recaptured from a school district through an adjustment at the	128784
same times during the current fiscal year that the payments under	128785
division (C) of this section are made. In August and October of	128786
the current fiscal year, the amount of each adjustment shall be	128787
three-sevenths of the amount calculated under this division. In	128788
May of the current fiscal year, the adjustment shall be	128789
one-seventh of the amount calculated under this division.	128790

(C) The department of education shall pay from the school	128791
district tangible property tax replacement fund to each school	128792
district and joint vocational school district all of the following	128793
for fixed-rate levy losses certified under divisions (G) and (I)	128794
of section 5751.20 of the Revised Code:	128795

(1) On or before May 31, 2006, one-seventh of the total	128796
fixed-rate levy loss for tax year 2006;	128797

(2) On or before August 31, 2006, and October 31, 2006,	128798
one-half of six-sevenths of the total fixed-rate levy loss for tax	128799
year 2006;	128800

(3) On or before May 31, 2007, one-seventh of the total	128801
fixed-rate levy loss for tax year 2007;	128802

(4) On or before August 31, 2007, and October 31, 2007,	128803
forty-three per cent of the amount determined under division	128804
(A)(2) of this section for fiscal year 2008, but not less than	128805
zero, plus one-half of six-sevenths of the difference between the	128806
total fixed-rate levy loss for tax year 2007 and the total	128807
fixed-rate levy loss for tax year 2006.	128808

(5) On or before May 31, 2008, fourteen per cent of the	128809
amount determined under division (A)(2) of this section for fiscal	128810
year 2008, but not less than zero, plus one-seventh of the	128811
difference between the total fixed-rate levy loss for tax year	128812
2008 and the total fixed-rate levy loss for tax year 2006.	128813

(6) On or before August 31, 2008, and October 31, 2008,	128814
forty-three per cent of the amount determined under division	128815
(A)(2) of this section for fiscal year 2009, but not less than	128816
zero, plus one-half of six-sevenths of the difference between the	128817
total fixed-rate levy loss in tax year 2008 and the total	128818
fixed-rate levy loss in tax year 2007.	128819

(7) On or before May 31, 2009, fourteen per cent of the	128820
amount determined under division (A)(2) of this section for fiscal	128821
year 2009, but not less than zero, plus one-seventh of the	128822
difference between the total fixed-rate levy loss for tax year	128823
2009 and the total fixed-rate levy loss for tax year 2007.	128824

(8) On or before August 31, 2009, and October 31, 2009,	128825
forty-three per cent of the amount determined under division	128826
(A)(2) of this section for fiscal year 2010, but not less than	128827
zero, plus one-half of six-sevenths of the difference between the	128828
total fixed-rate levy loss in tax year 2009 and the total	128829
fixed-rate levy loss in tax year 2008.	128830

(9) On or before May 31, 2010, fourteen per cent of the	128831
amount determined under division (A)(2) of this section for fiscal	128832
year 2010, but not less than zero, plus one-seventh of the	128833
difference between the total fixed-rate levy loss in tax year 2010	128834
and the total fixed-rate levy loss in tax year 2008.	128835

(10) On or before August 31, 2010, and October 31, 2010,	128836
forty-three per cent of the amount determined under division	128837
(A)(2) of this section for fiscal year 2011, but not less than	128838
zero, plus one-half of six-sevenths of the difference between the	128839
telephone property fixed-rate levy loss for tax year 2010 and the	128840
telephone property fixed-rate levy loss for tax year 2009.	128841

(11) On or before May 31, 2011, fourteen per cent of the	128842
amount determined under division (A)(2) of this section for fiscal	128843
year 2011, but not less than zero, plus one-seventh of the	128844
difference between the telephone property fixed-rate levy loss for	128845
tax year 2011 and the telephone property fixed-rate levy loss for	128846
tax year 2009.	128847

(12) ~~On or before August 31, 2011, and October 31, 2011,~~	128848
~~forty-three per cent of the amount determined under division~~	128849
~~(A)(2) of this section, but not less than zero, plus one-half of~~	128850
~~six-sevenths of the difference between the telephone property~~	128851
~~fixed-rate levy loss for tax year 2011 and the telephone property~~	128852
~~fixed-rate levy loss for tax year 2010.~~	128853

~~(13) On or before May 31, 2012, fourteen per cent of the~~	128854
~~amount determined under division (A)(2) of this section for fiscal~~	128855
~~year 2012, but not less than zero, plus one-seventh of the~~	128856
~~difference between the telephone property fixed-rate levy loss for~~	128857
~~tax year 2011 and the telephone property fixed-rate levy loss for~~	128858
~~tax year 2010.~~	128859

~~(14) On or before August 31, 2012, October 31, 2012, and May~~	128860
~~31, 2013, the amount determined under division (A)(2) of this~~	128861
~~section but not less than zero, multiplied by one-third.~~	128862

~~(15) On or before August 31, 2013, October 31, 2013, and May~~	128863
~~31, 2014, the amount determined under division (A)(2) of this~~	128864
~~section multiplied by a fraction, the numerator of which is nine~~	128865
~~and the denominator of which is seventeen, but not less than zero,~~	128866
~~multiplied by one-third.~~	128867

~~(16) On or before August 31, 2014, October 31, 2014, and May~~	128868
~~31, 2015, the amount determined under division (A)(2) of this~~	128869
~~section multiplied by a fraction, the numerator of which is seven~~	128870
~~and the denominator of which is seventeen, but not less than zero,~~	128871
~~multiplied by one-third.~~	128872

~~(17) On or before August 31, 2015, October 31, 2015, and May~~	128873
~~31, 2016, the amount determined under division (A)(2) of this~~	128874
~~section multiplied by a fraction, the numerator of which is five~~	128875
~~and the denominator of which is seventeen, but not less than zero,~~	128876
~~multiplied by one-third.~~	128877

~~(18) On or before August 31, 2016, October 31, 2016, and May~~	128878
~~31, 2017, the amount determined under division (A)(2) of this~~	128879
~~section multiplied by a fraction, the numerator of which is three~~	128880
~~and the denominator of which is seventeen, but not less than zero,~~	128881
~~multiplied by one-third.~~	128882

~~(19) On or before August 31, 2017, October 31, 2017, and May~~	128883
~~31, 2018, the amount determined under division (A)(2) of this~~	128884
~~section multiplied by a fraction, the numerator of which is one~~	128885
~~and the denominator of which is seventeen, but not less than zero,~~	128886
~~multiplied by one-third~~For fiscal years 2012 and thereafter, the	128887
sum of the amounts in divisions (C)(12)(a) or (b) and (c) of this	128888
section shall be paid on or before the twentieth day of November	128889
and the last day of May:	128890

(a) If the ratio of current expense TPP allocation to total	128891
resources is equal to or less than the threshold per cent, zero;	128892

(b) If the ratio of current expense TPP allocation to total	128893
resources is greater than the threshold per cent, fifty per cent	128894
of the difference of current expense TPP allocation minus the	128895
product of total resources multiplied by the threshold per cent;	128896

(c) Fifty per cent of the product of non-current expense TPP	128897
allocation multiplied by seventy-five per cent for fiscal year	128898
2012 and fifty per cent for fiscal years 2013 and thereafter.	128899

The department of education shall report to each school	128900
district and joint vocational school district the apportionment of	128901
the payments among the school district's or joint vocational	128902
school district's funds based on the certifications under	128903
divisions (G) and (I) of section 5751.20 of the Revised Code.	128904

~~Any qualifying levy that is a fixed-rate levy that is not~~	128905
~~applicable to a tax year after 2010 does not qualify for any~~	128906
~~reimbursement after the tax year to which it is last applicable.~~	128907

(D) For taxes levied within the ten-mill limitation for debt	128908
purposes in tax year 2005, payments shall be made equal to one	128909
hundred per cent of the loss computed as if the tax were a	128910
fixed-rate levy, but those payments shall extend from fiscal year	128911
2006 through fiscal year 2018, as long as the qualifying levy	128912
continues to be used for debt purposes. If the purpose of such a	128913
qualifying levy is changed, that levy becomes subject to the	128914
payments determined in division (C) of this section.	128915

(E)(1) Not later than January 1, 2006, for each fixed-sum	128916
levy of each school district or joint vocational school district	128917
and for each year for which a determination is made under division	128918
(E) of section 5751.20 of the Revised Code that a fixed-sum levy	128919
loss is to be reimbursed, the tax commissioner shall certify to	128920
the department of education the fixed-sum levy loss determined	128921
under that division. The certification shall cover a time period	128922
sufficient to include all fixed-sum levies for which the	128923
commissioner made such a determination. ~~The~~On or before the last	128924
day of May of the current year, the department shall pay from the	128925
school district property tax replacement fund to the school	128926
district or joint vocational school district one-third of the	128927
fixed-sum levy loss so certified ~~for each year~~, plus one-third of	128928
the amount certified under division (I) of section 5751.20 of the	128929
Revised Code, and on or before the ~~last~~twentieth day of ~~May,~~	128930
~~August, and October of the current year~~November, two-thirds of	128931
the fixed-sum levy loss so certified, plus two-thirds of the	128932
amount certified under division (I) of section 5751.20 of the	128933
Revised Code. Payments under this division of the amounts	128934
certified under division (I) of section 5751.20 of the Revised	128935
Code shall continue until the levy adopted under section 5705.219	128936
of the Revised Code expires.	128937

(2) Beginning in 2006, by the first day of January of each	128938
year, the tax commissioner shall review the certification	128939
originally made under division (E)(1) of this section. If the	128940
commissioner determines that a debt levy that had been scheduled	128941
to be reimbursed in the current year has expired, a revised	128942
certification for that and all subsequent years shall be made to	128943
the department of education.	128944

(F) Beginning in September 2007 and through June ~~2018~~2013,	128945
the director of budget and management shall transfer from the	128946
school district tangible property tax replacement fund to the	128947
general revenue fund each of the following:	128948

(1) On the first day of September, one-fourth of the amount	128949
determined for that fiscal year under division (A)(1) of this	128950
section;	128951

(2) On the first day of December, one-fourth of the amount	128952
determined for that fiscal year under division (A)(1) of this	128953
section;	128954

(3) On the first day of March, one-fourth of the amount	128955
determined for that fiscal year under division (A)(1) of this	128956
section;	128957

(4) On the first day of June, one-fourth of the amount	128958
determined for that fiscal year under division (A)(1) of this	128959
section.	128960

If, when a transfer is required under division (F)(1), (2),	128961
(3), or (4) of this section, there is not sufficient money in the	128962
school district tangible property tax replacement fund to make the	128963
transfer in the required amount, the director shall transfer the	128964
balance in the fund to the general revenue fund and may make	128965
additional transfers on later dates as determined by the director	128966
in a total amount that does not exceed one-fourth of the amount	128967
determined for the fiscal year.	128968

(G) ~~For each of the fiscal years 2006 through 2018, if~~If the	128969
total amount in the school district tangible property tax	128970
replacement fund is insufficient to make all payments under	128971
divisions (C), (D), and (E) of this section at the times the	128972
payments are to be made, the director of budget and management	128973
shall transfer from the general revenue fund to the school	128974
district tangible property tax replacement fund the difference	128975
between the total amount to be paid and the amount in the school	128976
district tangible property tax replacement fund. ~~For each fiscal~~	128977
~~year after 2018, at the time payments under division (E) of this~~	128978
~~section are to be made, the director of budget and management~~	128979
~~shall transfer from the general revenue fund to the school~~	128980
~~district property tax replacement fund the amount necessary to~~	128981
~~make such payments.~~	128982

(H)~~(1)~~ On the fifteenth day of June ~~of 2006 through 2011~~of	128983
each year, the director of budget and management may transfer any	128984
balance in the school district tangible property tax replacement	128985
fund to the general revenue fund. ~~At the end of fiscal years 2012~~	128986
~~through 2018, any balance in the school district tangible property~~	128987
~~tax replacement fund shall remain in the fund to be used in future~~	128988
~~fiscal years for school purposes.~~	128989

~~(2) In each fiscal year beginning with fiscal year 2019, all~~	128990
~~amounts credited to the school district tangible personal property~~	128991
~~tax replacement fund shall be appropriated for school purposes.~~	128992

(I) If all of the territory of a school district or joint	128993
vocational school district is merged with another district, or if	128994
a part of the territory of a school district or joint vocational	128995
school district is transferred to an existing or newly created	128996
district, the department of education, in consultation with the	128997
tax commissioner, shall adjust the payments made under this	128998
section as follows:	128999

(1) For a merger of two or more districts, ~~the machinery and~~	129000
~~equipment, inventory, furniture and fixtures, and telephone~~	129001
~~property fixed-rate levy losses and~~ the fixed-sum levy losses,	129002
total resources, current expense TPP allocation, total TPP	129003
allocation, and non-current expense TPP allocation of the	129004
successor district shall be ~~equal to~~ the sum of ~~the machinery and~~	129005
~~equipment, inventory, furniture and fixtures, and telephone~~	129006
~~property fixed-rate levy losses and debt levy losses as determined~~	129007
~~in section 5751.20 of the Revised Code,~~such items for each of the	129008
districts involved in the merger.	129009

(2) If property is transferred from one district to a	129010
previously existing district, the amount of ~~machinery and~~	129011
~~equipment, inventory, furniture and fixtures, and telephone~~	129012
~~property tax value losses and fixed-rate levy losses~~total	129013
resources, current expense TPP allocation, total TPP allocation,	129014
and non-current expense TPP allocation that shall be transferred	129015
to the recipient district shall be an amount equal to ~~the total~~	129016
~~machinery and equipment, inventory, furniture and fixtures, and~~	129017
~~telephone property fixed-rate levy losses~~total resources, current	129018
expense TPP allocation, total TPP allocation, and non-current	129019
expense TPP allocation of the transferor district times a	129020
fraction, the numerator of which is the ~~value of business tangible~~	129021
~~personal property on the land being transferred in the most recent~~	129022
~~year for which data are available~~number of pupils being	129023
transferred to the recipient district, measured, in the case of a	129024
school district, by average daily membership as reported under	129025
division (A) of section 3317.03 of the Revised Code or, in the	129026
case of a joint vocational school district, by formula ADM as	129027
reported in division (D) of that section, and the denominator of	129028
which is the ~~total value of business tangible personal property in~~	129029
~~the district from which the land is being transferred in the most~~	129030
~~recent year for which data are available. For each of the first~~	129031
~~five years after the property is transferred, but not after fiscal~~	129032
~~year 2012, if the tax rate in the recipient district is less than~~	129033
~~the tax rate of the district from which the land was transferred,~~	129034
~~one-half of the payments arising from the amount of fixed-rate~~	129035
~~levy losses so transferred to the recipient district shall be paid~~	129036
~~to the recipient district and one-half of the payments arising~~	129037
~~from the fixed-rate levy losses so transferred shall be paid to~~	129038
~~the district from which the land was transferred. Fixed-rate levy~~	129039
~~losses so transferred shall be computed on the basis of the sum of~~	129040
~~the rates of fixed-rate qualifying levies of the district from~~	129041
~~which the land was transferred, notwithstanding division (E) of~~	129042
~~this section~~average daily membership or formula ADM of the	129043
transferor district.	129044

(3) After December 31, ~~2004~~2010, if property is transferred	129045
from one or more districts to a district that is newly created out	129046
of the transferred property, the newly created district shall be	129047
deemed not to have any ~~machinery and equipment, inventory,~~	129048
~~furniture and fixtures, or telephone property fixed-rate levy~~	129049
~~losses and the districts from which the property was transferred~~	129050
~~shall have no reduction in their machinery and equipment,~~	129051
~~inventory, furniture and fixtures, and telephone property~~	129052
~~fixed-rate levy losses~~total resources, current expense TPP	129053
allocation, total TPP allocation, or non-current expense TPP	129054
allocation.	129055

(4) If the recipient district under division (I)(2) of this	129056
section or the newly created district under division (I)(3) of	129057
this section is assuming debt from one or more of the districts	129058
from which the property was transferred and any of the districts	129059
losing the property had fixed-sum levy losses, the department of	129060
education, in consultation with the tax commissioner, shall make	129061
an equitable division of the fixed-sum levy loss reimbursements.	129062

Sec. 5751.22. (A) Not later than January 1, 2006, the tax	129063
commissioner shall compute the payments to be made to each local	129064
taxing unit for each year according to divisions (A)(1), (2), (3),	129065
and (4) of this section as this section existed on that date, and	129066
shall distribute the payments in the manner prescribed by division	129067
(C) of this section. The calculation of the fixed-sum levy loss	129068
shall cover a time period sufficient to include all fixed-sum	129069
levies for which the commissioner determined, pursuant to division	129070
(E) of section 5751.20 of the Revised Code, that a fixed-sum levy	129071
loss is to be reimbursed.	129072

(1) Except as provided in division (A)~~(4)~~(3) of this section,	129073
for ~~machinery and equipment, inventory, and furniture and fixtures~~	129074
fixed-rate levy losses determined under division (D) of section	129075
5751.20 of the Revised Code, payments shall be made in an amount	129076
equal to ~~each of those losses multiplied by~~ the following:	129077

(a) For tax years 2006 through 2010, one hundred per cent of	129078
such losses;	129079

(b) For the payment in tax year 2011~~, a fraction, the~~	129080
~~numerator of which is fourteen and the denominator of which is~~	129081
~~seventeen;~~	129082

~~(c) For tax year 2012, a fraction, the numerator of which is~~	129083
~~eleven and the denominator of which is seventeen;~~	129084

~~(d) For tax year 2013, a fraction, the numerator of which is~~	129085
~~nine and the denominator of which is seventeen;~~	129086

~~(e) For tax year 2014, a fraction, the numerator of which is~~	129087
~~seven and the denominator of which is seventeen;~~	129088

~~(f) For tax year 2015, a fraction, the numerator of which is~~	129089
~~five and the denominator of which is seventeen;~~	129090

~~(g) For tax year 2016, a fraction, the numerator of which is~~	129091
~~three and the denominator of which is seventeen;~~	129092

~~(h) For tax year 2017, a fraction, the numerator of which is~~	129093
~~one and the denominator of which is seventeen;~~	129094

~~(i) For tax years 2018 and thereafter, no fixed-rate payments~~	129095
~~shall be made.~~	129096

~~Any qualifying levy that is a fixed-rate levy that is not~~	129097
~~applicable to a tax year after 2010 shall not qualify for any~~	129098
~~reimbursement after the tax year to which it is last applicable.~~	129099

~~(2) Except as provided in division (A)(4) of this section,~~	129100
~~for telephone property fixed-rate levy losses determined under~~	129101
~~division (D)(4) of section 5751.20 of the Revised Code, payments~~	129102
~~shall be made in an amount equal to each of those losses~~	129103
~~multiplied by the following:~~	129104

~~(a) For tax years 2009 through 2011, one hundred per cent;~~

129105

~~(b) For tax year 2012, seven-eighths;~~

129106

~~(c) For tax year 2013, six-eighths;~~

129107

~~(d) For tax year 2014, five-eighths;~~

129108

~~(e) For tax year 2015, four-eighths;~~

129109

~~(f) For tax year 2016, three-eighths;~~

129110

~~(g) For tax year 2017, two-eighths;~~

129111

~~(h) For tax year 2018, one-eighth;~~

129112

~~(i) For tax years 2019 and thereafter, no fixed-rate payments~~	129113
~~shall be made~~to be made on or before the twentieth day of	129114
November, the sum of the amount in division (A)(1)(b)(i) or (ii)	129115
and division (A)(1)(b)(iii) of this section:	129116

(i) If the ratio of six-sevenths of the TPP allocation to	129117
total resources is equal to or less than the threshold per cent,	129118
zero;	129119

(ii) If the ratio of six-sevenths of the TPP allocation to	129120
total resources is greater than the threshold per cent, the	129121
difference of six-sevenths of the TPP allocation minus the product	129122
of total resources multiplied by the threshold per cent;	129123

(iii) In the case of a municipal corporation, six-sevenths of	129124
the product of the non-current expense TPP allocation multiplied	129125
by seventy-five per cent.	129126

(c) For tax years 2012 and thereafter, the sum of the amount	129127
in division (A)(1)(c)(i) or (ii) and division (A)(1)(c)(iii) of	129128
this section:	129129

(i) If the ratio of TPP allocation to total resources is	129130
equal to or less than the threshold per cent, zero;	129131

(ii) If the ratio of TPP allocation to total resources is	129132
greater than the threshold per cent, the TPP allocation minus the	129133
product of total resources multiplied by the threshold per cent;	129134

(iii) In the case of a municipal corporation, non-current	129135
expense TPP allocation multiplied by fifty per cent for tax year	129136
2012 and twenty-five per cent for tax years 2013 and thereafter.	129137

~~Any qualifying levy that is a fixed-rate levy that is not~~	129138
~~applicable to a tax year after 2011 shall not qualify for any~~	129139
~~reimbursement after the tax year to which it is last applicable.~~	129140

~~(3)~~(2) For fixed-sum levy losses determined under division	129141
(E) of section 5751.20 of the Revised Code, payments shall be made	129142
in the amount of one hundred per cent of the fixed-sum levy loss	129143
for payments required to be made in 2006 and thereafter until the	129144
qualifying levy has expired.	129145

~~(4)~~(3) For taxes levied within the ten-mill limitation or	129146
pursuant to a municipal charter for debt purposes in tax year	129147
2005, payments shall be made based on the schedule in division	129148
(A)(1) of this section for each of the calendar years 2006 through	129149
2010. For each of the calendar years 2011 through 2017, the	129150
percentages for calendar year 2010 shall be used for taxes levied	129151
within the ten-mill limitation or pursuant to a municipal charter	129152
for debt purposes in tax year 2010, as long as ~~the qualifying levy~~	129153
~~continues~~such levies continue to be used for debt purposes. If	129154
the purpose of such a qualifying levy is changed, that levy	129155
becomes subject to the payment schedules in divisions (A)(1)(a) to	129156
(h) of this section. No payments shall be made for such levies	129157
after calendar year 2017. For the purposes of this division, taxes	129158
levied pursuant to a municipal charter refer to taxes levied	129159
pursuant to a provision of a municipal charter that permits the	129160
tax to be levied without prior voter approval.	129161

(B) Beginning in 2007, by the thirty-first day of January of	129162
each year, the tax commissioner shall review the calculation	129163
originally made under division (A) of this section of the	129164
fixed-sum levy losses determined under division (E) of section	129165
5751.20 of the Revised Code. If the commissioner determines that a	129166
fixed-sum levy that had been scheduled to be reimbursed in the	129167
current year has expired, a revised calculation for that and all	129168
subsequent years shall be made.	129169

(C) Payments to local taxing units required to be made under	129170
division (A) of this section shall be paid from the local	129171
government tangible property tax replacement fund to the county	129172
undivided income tax fund in the proper county treasury. ~~Beginning~~	129173
inFrom May 2006 through November 2010, one-seventh of the amount	129174
~~certified~~determined under that division shall be paid by the last	129175
day of May each year, and three-sevenths shall be paid by the last	129176
day of August and October each year. From May 2011 through	129177
November 2013, one-seventh of the amount determined under that	129178
division shall be paid on or before the last day of May each year,	129179
and six-sevenths shall be paid on or before the twentieth day of	129180
November each year, except that in November 2011, the payment	129181
shall equal one hundred per cent of the amount calculated for that	129182
payment. Beginning in May 2014, one-half of the amount determined	129183
under that division shall be paid on or before the last day of May	129184
each year, and one-half shall be paid on or before the twentieth	129185
day of November each year. Within ~~forty-five~~forty days after	129186
receipt of such payments, the county treasurer shall distribute	129187
amounts determined under division (A) of this section to the	129188
proper local taxing unit as if they had been levied and collected	129189
as taxes, and the local taxing unit shall apportion the amounts so	129190
received among its funds in the same proportions as if those	129191
amounts had been levied and collected as taxes.	129192

(D) For each of the fiscal years 2006 through ~~2019~~2018, if	129193
the total amount in the local government tangible property tax	129194
replacement fund is insufficient to make all payments under	129195
division (C) of this section at the times the payments are to be	129196
made, the director of budget and management shall transfer from	129197
the general revenue fund to the local government tangible property	129198
tax replacement fund the difference between the total amount to be	129199
paid and the amount in the local government tangible property tax	129200
replacement fund. For each fiscal year after ~~2019~~2018, at the	129201
time payments under division (A)(2) of this section are to be	129202
made, the director of budget and management shall transfer from	129203
the general revenue fund to the local government property tax	129204
replacement fund the amount necessary to make such payments.	129205

(E) On the fifteenth day of June of each year from 2006	129206
through 2018, the director of budget and management may transfer	129207
any balance in the local government tangible property tax	129208
replacement fund to the general revenue fund.	129209

(F) If all or a part of the territories of two or more local	129210
taxing units are merged, or unincorporated territory of a township	129211
is annexed by a municipal corporation, the tax commissioner shall	129212
adjust the payments made under this section to each of the local	129213
taxing units in proportion to the ~~tax value loss apportioned to~~	129214
square mileage of the merged or annexed territory as a percentage	129215
of the total square mileage of the jurisdiction from which the	129216
territory originated, or as otherwise provided by a written	129217
agreement between the legislative authorities of the local taxing	129218
units certified to the commissioner not later than the first day	129219
of June of the calendar year in which the payment is to be made.	129220

Sec. 5751.23. (A) As used in this section:

129221

(1) "Administrative fees" means the dollar percentages	129222
allowed by the county auditor for services or by the county	129223
treasurer as fees, or paid to the credit of the real estate	129224
assessment fund, under divisions (A) and (C) of section 319.54 and	129225
division (A) of section 321.26 of the Revised Code.	129226

(2) "Administrative fee loss" means a county's loss of	129227
administrative fees due to its tax value loss, determined as	129228
follows:	129229

(a) For purposes of the determination made under division (B)	129230
of this section in the years 2006 through 2010, the administrative	129231
fee loss shall be computed by multiplying the amounts determined	129232
for all taxing districts in the county under divisions (D) and (E)	129233
of section 5751.20 of the Revised Code by nine thousand six	129234
hundred fifty-nine ten-thousandths of one per cent if total taxes	129235
collected in the county in 2004 exceeded one hundred fifty million	129236
dollars, or one and one thousand one hundred fifty-nine	129237
ten-thousandths of one per cent if total taxes collected in the	129238
county in 2004 were one hundred fifty million dollars or less;	129239

(b) For purposes of the determination under division (B) of	129240
this section in the years after 2010, the administrative fee	129241
~~losses shall be determined by multiplying~~loss equals	129242
fourteen-seventeenths of the administrative fee ~~losses~~loss	129243
calculated for 2010 ~~by the fractions in divisions (A)(1)(b) to (i)~~	129244
~~of section 5751.22 of the Revised Code~~multiplied by the following	129245
percentages: 100% for 2011, 80% for 2012, 60% for 2013, 40% for	129246
2014, 20% for 2015, and 0% for 2016.	129247

(3) "Total taxes collected" means all money collected on any	129248
tax duplicate of the county, other than the estate tax duplicates.	129249
"Total taxes collected" does not include amounts received pursuant	129250
to divisions (F) and (G) of section 321.24 or section 323.156 of	129251
the Revised Code.	129252

(B) Not later than December 31, 2005, the tax commissioner	129253
shall certify to each county auditor the tax levy losses	129254
calculated under divisions (D) and (E) of section 5751.20 of the	129255
Revised Code for each school district, joint vocational school	129256
district, and local taxing unit in the county. Not later than the	129257
thirty-first day of January of 2006 through ~~2017~~2015, the county	129258
auditor shall determine the administrative fee loss for the county	129259
and apportion that loss ratably among the school districts, joint	129260
vocational school districts, and local taxing units on the basis	129261
of the tax levy losses certified under this division.	129262

(C) On or before each of the days prescribed for the	129263
settlements under divisions (A) and (C) of section 321.24 of the	129264
Revised Code in the years 2006 through ~~2017~~2015, the county	129265
treasurer shall deduct one-half of the amount apportioned to each	129266
school district, joint vocational school district, and local	129267
taxing unit from the portions of revenue payable to them.	129268

(D) On or before each of the days prescribed for settlements	129269
under divisions (A) and (C) of section 321.24 of the Revised Code	129270
in the years 2006 through ~~2017~~2015, the county auditor shall	129271
cause to be deposited an amount equal to one-half of the amount of	129272
the administrative fee loss in the same funds as if allowed as	129273
administrative fees.	129274

Sec. 5751.50. (A) For tax periods beginning on or after	129275
January 1, 2008, a refundable credit granted by the tax credit	129276
authority under section 122.17 or division (B)(2) or (3) of	129277
section 122.171 of the Revised Code may be claimed under this	129278
chapter in the order required under section 5751.98 of the Revised	129279
Code. For purposes of making tax payments under this chapter,	129280
taxes equal to the amount of the refundable credit shall be	129281
considered to be paid to this state on the first day of the tax	129282
period. A credit claimed in calendar year 2008 may not be applied	129283
against the tax otherwise due for a tax period beginning before	129284
July 1, 2008. The refundable credit shall not be claimed against	129285
the tax otherwise due for any tax period beginning after the date	129286
on which a relocation of employment positions occurs in violation	129287
of an agreement entered into under section 122.17 or 122.171 of	129288
the Revised Code.	129289

(B) For tax periods beginning on or after January 1, 2008, a	129290
nonrefundable credit granted by the tax credit authority under	129291
division (B)(1) of section 122.171 of the Revised Code may be	129292
claimed under this chapter in the order required under section	129293
5751.98 of the Revised Code. A credit claimed in calendar year	129294
2008 may not be applied against the tax otherwise due under this	129295
chapter for a tax period beginning before July 1, 2008. The credit	129296
shall not be claimed against the tax otherwise due for any tax	129297
period beginning after the date on which a relocation of	129298
employment positions occurs in violation of an agreement entered	129299
into under section 122.17 or 122.171 of the Revised Code. No	129300
credit shall be allowed under this chapter if the credit was	129301
available against the tax imposed by section 5733.06 or 5747.02 of	129302
the Revised Code, except to the extent the credit was not applied	129303
against such tax.	129304

Sec. 5919.34. (A) As used in this section:

129305

(1) "Academic term" means any one of the following:

129306

(a) Fall term, which consists of fall semester or fall	129307
quarter, as appropriate;	129308

(b) Winter term, which consists of winter semester, winter	129309
quarter, or spring semester, as appropriate;	129310

129311

(d) Summer term, which consists of summer semester or summer	129312
quarter, as appropriate.	129313

(2) "Eligible applicant" means any individual to whom all of	129314
the following apply:	129315

(a) The individual does not possess a baccalaureate degree.

129316

(b) The individual has enlisted, re-enlisted, or extended	129317
current enlistment in the Ohio national guard or is an individual	129318
to which division (F) of this section applies.	129319

(c) The individual is actively enrolled as a full-time or	129320
part-time student for at least three credit hours of course work	129321
in a semester or quarter in a two-year or four-year	129322
degree-granting program at ana state institution of higher	129323
education or a private institution of higher education, or in a	129324
diploma-granting program at ana state or private institution of	129325
higher education that is a school of nursing.	129326

(d) The individual has not accumulated ninety-six eligibility	129327
units under division (E) of this section.	129328

(3) "~~Institution~~State institution of higher education" means	129329
any state university or college as defined in division (A)(1) of	129330
section 3345.12 of the Revised Code, community college established	129331
under Chapter 3354. of the Revised Code, state community college	129332
established under Chapter 3358. of the Revised Code, university	129333
branch established under Chapter 3355. of the Revised Code, or	129334
technical college established under Chapter 3357. of the Revised	129335
Code.	129336

(4) "Private institution of higher education" means an Ohio	129337
institution of higher education ~~that is state-assisted,~~ that is	129338
nonprofit and has received a certificate of authorization pursuant	129339
to Chapter 1713. of the Revised Code, that is a private	129340
institution exempt from regulation under Chapter 3332. of the	129341
Revised Code as prescribed in section 3333.046 of the Revised	129342
Code, or that holds a certificate of registration and program	129343
authorization issued by the state board of career colleges and	129344
schools pursuant to section 3332.05 of the Revised Code.	129345

~~(4) "State university" has the same meaning as in section~~	129346
~~3345.011 of the Revised Code.~~	129347

(5) "Tuition" means the charges imposed to attend an	129348
institution of higher education and includes general and	129349
instructional fees. "Tuition" does not include laboratory fees,	129350
room and board, or other similar fees and charges.	129351

(B) There is hereby created a scholarship program to be known	129352
as the Ohio national guard scholarship program.	129353

(C) ~~If the adjutant general estimates that appropriations and~~	129354
~~any funds in the Ohio national guard scholarship reserve fund are~~	129355
~~insufficient to pay for all scholarships applied for under this~~	129356
~~section and likely to be used during an academic term, the~~	129357
~~adjutant general shall promptly inform all applicants not~~	129358
~~receiving scholarships for that academic term of the next academic~~	129359
~~term that appropriations will be adequate for the scholarships.~~	129360
~~Any such eligible applicant may again apply for a scholarship~~	129361
~~beginning that academic term if the applicant is in compliance~~	129362
~~with all requirements established by this section and the adjutant~~	129363
~~general for the program.~~The adjutant general shall approve	129364
scholarships for all eligible applicants. The adjutant general	129365
shall process all applications for scholarships for each academic	129366
term in the order in which they are received. The scholarships	129367
shall be made without regard to financial need. At no time shall	129368
one person be placed in priority over another because of sex,	129369
race, or religion.	129370

(D)(1) Except as provided in ~~division~~divisions (I) and (J)	129371
of this section, for each academic term that an eligible applicant	129372
is approved for a scholarship under this section and either	129373
remains a current member in good standing of the Ohio national	129374
guard or is eligible for a scholarship under division (F)(1) of	129375
this section, the institution of higher education in which the	129376
applicant is enrolled shall, if the applicant's enlistment	129377
obligation extends beyond the end of that academic term or if	129378
division (F)(1) of this section applies, be paid on the	129379
applicant's behalf the applicable one of the following amounts:	129380

(a) If the institution is ~~state-assisted~~a state institution	129381
of higher education, an amount equal to one hundred per cent of	129382
the institution's tuition charges;	129383

(b) If the institution is a nonprofit private institution or	129384
a private institution exempt from regulation under Chapter 3332.	129385
of the Revised Code as prescribed in section 3333.046 of the	129386
Revised Code, an amount equal to one hundred per cent of the	129387
average tuition charges of all state universities;	129388

(c) If the institution is an institution that holds a	129389
certificate of registration from the state board of career	129390
colleges and schools, the lesser of the following:	129391

(i) An amount equal to one hundred per cent of the ~~total~~	129392
~~instructional and general charges of the institution~~institution's	129393
tuition;	129394

(ii) An amount equal to one hundred per cent of the average	129395
tuition charges of all state universities, as that term is defined	129396
in section 3345.011 of the Revised Code.	129397

(2) An eligible applicant's scholarship shall not be reduced	129398
by the amount of that applicant's benefits under "the Montgomery	129399
G.I. Bill Act of 1984," Pub. L. No. 98-525, 98 Stat. 2553 (1984).	129400

~~(3) An eligible non-prior service applicant's scholarship~~	129401
~~shall be reduced by the amount of the applicant's tuition benefits~~	129402
~~under "The Post-9/11 Veterans Educational Assistance Act of 2008,"~~	129403
~~110 Pub. L. No. 252, 122 Stat. 2323 (2008). An eligible prior~~	129404
~~service applicant's scholarship shall be reduced by the amount of~~	129405
~~the applicant's tuition benefits under "The Post-9/11 Veterans~~	129406
~~Educational Assistance Act of 2008" unless the applicant qualified~~	129407
~~for one hundred per cent tuition under that act and transfers the~~	129408
~~federal benefits under that act's portability provisions.~~	129409

(E) A scholarship recipient under this section shall be	129410
entitled to receive scholarships under this section for the number	129411
of quarters or semesters it takes the recipient to accumulate	129412
ninety-six eligibility units as determined under divisions (E)(1)	129413
to (3) of this section.	129414

(1) To determine the maximum number of semesters or quarters	129415
for which a recipient is entitled to a scholarship under this	129416
section, the adjutant general shall convert a recipient's credit	129417
hours of enrollment for each academic term into eligibility units	129418
in accordance with the following table:	129419

		The			129420
Number of		following		The following	129421
credit hours		number of		number of	129422
of enrollment		eligibility		eligibility	129423
in an academic		units if a		units if a	129424
term	equals	semester	or	quarter	129425
					129426
12 or more hours		12 units		8 units	129427
9 but less than 12		9 units		6 units	129428
6 but less than 9		6 units		4 units	129429
3 but less than 6		3 units		2 units	129430

(2) A scholarship recipient under this section may continue	129431
to apply for scholarships under this section until the recipient	129432
has accumulated ninety-six eligibility units.	129433

(3) If a scholarship recipient withdraws from courses prior	129434
to the end of an academic term so that the recipient's enrollment	129435
for that academic term is less than three credit hours, no	129436
scholarship shall be paid on behalf of that person for that	129437
academic term. Except as provided in division (F)(3) of this	129438
section, if a scholarship has already been paid on behalf of the	129439
person for that academic term, the adjutant general shall add to	129440
that person's accumulated eligibility units the number of	129441
eligibility units for which the scholarship was paid.	129442

(F) This division applies to any eligible applicant called	129443
into active duty on or after September 11, 2001. As used in this	129444
division, "active duty" means active duty pursuant to an executive	129445
order of the president of the United States, an act of the	129446
congress of the United States, or section 5919.29 or 5923.21 of	129447
the Revised Code.	129448

(1) For a period of up to five years from when an	129449
individual's enlistment obligation in the Ohio national guard	129450
ends, an individual to whom this division applies is eligible for	129451
scholarships under this section for those academic terms that were	129452
missed or could have been missed as a result of the individual's	129453
call into active duty. Scholarships shall not be paid for the	129454
academic term in which an eligible applicant's enlistment	129455
obligation ends unless an applicant is eligible under this	129456
division for a scholarship for such academic term due to previous	129457
active duty.	129458

(2) When an individual to whom this division applies	129459
withdraws or otherwise fails to complete courses, for which	129460
scholarships have been awarded under this section, because the	129461
individual was called into active duty, the institution of higher	129462
education shall grant the individual a leave of absence from the	129463
individual's education program and shall not impose any academic	129464
penalty for such withdrawal or failure to complete courses.	129465
Division (F)(2) of this section applies regardless of whether or	129466
not the scholarship amount was paid to the institution of higher	129467
education.	129468

(3) If an individual to whom this division applies withdraws	129469
or otherwise fails to complete courses because the individual was	129470
called into active duty, and if scholarships for those courses	129471
have already been paid, either:	129472

(a) The adjutant general shall not add to that person's	129473
accumulated eligibility units calculated under division (E) of	129474
this section the number of eligibility units for the academic	129475
courses or term for which the scholarship was paid and the	129476
institution of higher education shall repay the scholarship amount	129477
to the state.	129478

(b) The adjutant general shall add to that individual's	129479
accumulated eligibility units calculated under division (E) of	129480
this section the number of eligibility units for the academic	129481
courses or term for which the scholarship was paid if the	129482
institution of higher education agrees to permit the individual to	129483
complete the remainder of the academic courses in which the	129484
individual was enrolled at the time the individual was called into	129485
active duty.	129486

(4) No individual who is discharged from the Ohio national	129487
guard under other than honorable conditions shall be eligible for	129488
scholarships under this division.	129489

(G) A scholarship recipient under this section who fails to	129490
complete the term of enlistment, re-enlistment, or extension of	129491
current enlistment the recipient was serving at the time a	129492
scholarship was paid on behalf of the recipient under this section	129493
is liable to the state for repayment of a percentage of all Ohio	129494
national guard scholarships paid on behalf of the recipient under	129495
this section, plus interest at the rate of ten per cent per annum	129496
calculated from the dates the scholarships were paid. This	129497
percentage shall equal the percentage of the current term of	129498
enlistment, re-enlistment, or extension of enlistment a recipient	129499
has not completed as of the date the recipient is discharged from	129500
the Ohio national guard.	129501

The attorney general may commence a civil action on behalf of	129502
the ~~adjutant general~~chancellor of the Ohio board of regents to	129503
recover the amount of the scholarships and the interest provided	129504
for in this division and the expenses incurred in prosecuting the	129505
action, including court costs and reasonable attorney's fees. A	129506
scholarship recipient is not liable under this division if the	129507
recipient's failure to complete the term of enlistment being	129508
served at the time a scholarship was paid on behalf of the	129509
recipient under this section is due to the recipient's death;or	129510
discharge from the national guard due to disability~~; or the~~	129511
~~recipient's enlistment, for a term not less than the recipient's~~	129512
~~remaining term in the national guard, in the active component of~~	129513
~~the United States armed forces or the active reserve component of~~	129514
~~the United States armed forces~~.	129515

(H) On or before the first day of each academic term, the	129516
adjutant general shall provide an eligibility roster to the	129517
chancellor and to each institution of higher education at which	129518
one or more scholarship recipients have applied for enrollment.	129519
The institution shall use the roster to certify the actual	129520
full-time or part-time enrollment of each scholarship recipient	129521
listed as enrolled at the institution and return the roster to the	129522
adjutant general and the chancellor. ~~The adjutant general shall~~	129523
~~report to the chancellor of the Ohio board of regents the number~~	129524
~~of students in the Ohio national guard scholarship program at each~~	129525
~~institution of higher education. The~~Except as provided in	129526
division (J) of this section, the chancellor shall provide for	129527
payment of the appropriate number and amount of scholarships to	129528
each institution of higher education pursuant to division (D) of	129529
this section. If an institution of higher education fails to	129530
certify the actual enrollment of a scholarship recipient listed as	129531
enrolled at the institution within thirty days of the end of an	129532
academic term, the institution shall not be eligible to receive	129533
payment from the Ohio national guard scholarship program or from	129534
the individual enrollee. The adjutant general shall report on a	129535
~~quarterly~~semi-annual basis to the director of budget and	129536
management, the speaker of the house of representatives, ~~and~~ the	129537
president of the senate, and the chancellor the number of Ohio	129538
national guard scholarship recipients, the size of the	129539
scholarship-eligible population, and a projection of the cost of	129540
the program for the remainder of the biennium.	129541

(I) The chancellor and the adjutant general may adopt rules	129542
pursuant to Chapter 119. of the Revised Code governing the	129543
administration and fiscal management of the Ohio national guard	129544
scholarship program and the procedure by which the chancellor and	129545
the department of the adjutant general may modify the amount of	129546
scholarships a member receives based on the amount of other state	129547
financial aid a member receives.	129548

(J) The adjutant general, the chancellor, and the director,	129549
or their designees, shall jointly estimate the costs of the Ohio	129550
national guard scholarship program for each upcoming fiscal	129551
biennium, and shall report that estimate prior to the beginning of	129552
the fiscal biennium to the chairpersons of the finance committees	129553
in the general assembly. During each fiscal year of the biennium,	129554
the adjutant general, the chancellor, and the director, or their	129555
designees, shall meet regularly to monitor the actual costs of the	129556
Ohio national guard scholarship program and update cost	129557
projections for the remainder of the biennium as necessary. If the	129558
amounts appropriated for the Ohio national guard scholarship	129559
program and any funds in the Ohio national guard scholarship	129560
reserve fund are not adequate to provide scholarships in the	129561
amounts specified in division (D)(1) of this section for all	129562
eligible applicants, the chancellor shall do all of the following:	129563

(1) Notify each private institution of higher education,	129564
where a scholarship recipient is enrolled, that, by accepting the	129565
Ohio national guard scholarship program as payment for all or part	129566
of the institution's tuition, the institution agrees that if the	129567
chancellor reduces the amount of each scholarship, the institution	129568
shall provide each scholarship recipient a grant or tuition waiver	129569
in an amount equal to the amount the recipient's scholarship was	129570
reduced by the chancellor.	129571

(2) Reduce the amount of each scholarship under division	129572
(D)(1)(a) of this section proportionally based on the amount of	129573
remaining available funds. Each state institution of higher	129574
education shall provide each scholarship recipient under division	129575
(D)(1)(a) of this section a grant or tuition waiver in an amount	129576
equal to the amount the recipient's scholarship was reduced by the	129577
chancellor.	129578

(K) Notwithstanding division (A) of section 127.14 of the	129579
Revised Code, the controlling board shall not transfer all or part	129580
of any appropriation for the Ohio national guard scholarship	129581
program.	129582

Sec. 5919.341. There is hereby created in the state treasury	129583
the national guard scholarship reserve fund. Not later than the	129584
first day of July of each fiscal year, the chancellor of the Ohio	129585
board of regents shall certify to the director of budget and	129586
management the unencumbered balance of the general revenue fund	129587
appropriations made in the immediately preceding fiscal year for	129588
purposes of the Ohio national guard scholarship program created	129589
under division (B) of section 5919.34 of the Revised Code. Upon	129590
receipt of the certification, the director may transfer an amount	129591
not exceeding the certified amount from the general revenue fund	129592
to the national guard scholarship reserve fund. Moneys in the	129593
national guard scholarship reserve fund shall be used to pay	129594
scholarship obligations in excess of the general revenue fund	129595
appropriations made for that purpose. Upon request of the ~~adjutant~~	129596
~~general~~chancellor, the ~~Ohio board of regents shall~~director may	129597
seek controlling board approval to establish appropriations as	129598
necessary.	129599

The director may transfer any unencumbered balance from the	129600
national guard scholarship reserve fund to the general revenue	129601
fund.	129602

Sec. 6101.16. When it is determined to let the work relating	129603
to the improvements for which a conservancy district was	129604
established by contract, contracts in amounts to exceed	129605
twenty-five thousand dollars shall be advertised after notice	129606
calling for bids has been published once a week for two	129607
consecutive weeks or as provided in section 7.16 of the Revised	129608
Code, with the last publication to occur at least eight days prior	129609
to the date on which bids will be accepted, in a newspaper of	129610
general circulation within the conservancy district where the work	129611
is to be done. If the bids are for a contract for the	129612
construction, demolition, alteration, repair, or reconstruction of	129613
an improvement, the board of directors of the conservancy district	129614
may let the contract to the lowest responsive and most responsible	129615
bidder who meets the requirements of section 153.54 of the Revised	129616
Code. If the bids are for a contract for any other work relating	129617
to the improvements for which a conservancy district was	129618
established, the board of directors of the district may let the	129619
contract to the lowest responsive and most responsible bidder who	129620
gives a good and approved bond, with ample security, conditioned	129621
on the carrying out of the contract. The contract shall be in	129622
writing and shall be accompanied by or refer to plans and	129623
specifications for the work to be done prepared by the chief	129624
engineer. The plans and specifications shall at all times be made	129625
and considered a part of the contract. The contract shall be	129626
approved by the board and signed by the president of the board and	129627
by the contractor and shall be executed in duplicate. In case of	129628
sudden emergency when it is necessary in order to protect the	129629
district, the advertising of contracts may be waived upon the	129630
consent of the board, with the approval of the court or a judge of	129631
the court of common pleas of the county in which the office of the	129632
district is located.	129633

Sec. 6103.04. (A) Whenever any portion of a county sewer	129634
district is incorporated as, or annexed to, a municipal	129635
corporation, the area so incorporated or annexed shall remain	129636
under the jurisdiction of the board of county commissioners for	129637
purposes of the acquisition and construction of water supply	129638
improvements until all of the improvements for the area for which	129639
a resolution described in division (A) or (E) of section 6103.05	129640
of the Revised Code has been adopted by the board have been	129641
acquired or completed or until the board has abandoned the	129642
improvements. The board, unless and until a conveyance is made to	129643
a municipal corporation in accordance with division (B) of this	129644
section, shall continue to have jurisdiction in the area so	129645
incorporated or annexed with respect to the management,	129646
maintenance, and operation of all water supply improvements so	129647
acquired or completed, or previously acquired or completed,	129648
including the right to establish rules and rates and charges for	129649
the use of, and connections to, the improvements. The	129650
incorporation or annexation of any part of a district shall not	129651
affect the legality or enforceability of any public obligations	129652
issued or incurred by the county for purposes of this chapter to	129653
provide for the payment of the cost of acquisition, construction,	129654
maintenance, or operation of any water supply improvements within	129655
the area, or the validity of any assessments levied or to be	129656
levied upon properties within the area to provide for the payment	129657
of the cost of acquisition, construction, maintenance, or	129658
operation of the improvements.	129659

(B) ~~Any~~A board may convey, by mutual agreement, to a	129660
municipal corporation any completed water supply facilities	129661
acquired or constructed by a county under this chapter for the use	129662
of, or service of property located in, any county sewer district,	129663
or any part of those facilities~~, that~~to which any of the	129664
following applies:	129665

(1) The facilities are located within athe municipal	129666
corporation or within any area that is incorporated as, or annexed	129667
to, athe municipal corporation~~, or any part of the~~.	129668

(2) The facilities ~~that~~ provide water for athe municipal	129669
corporation or ~~such an area, may be conveyed, by mutual agreement~~	129670
~~between the board and the municipal corporation, to~~any area that	129671
is located within or that is incorporated as, or annexed to, the	129672
municipal corporation on.	129673

(3) The facilities are connected to water supply facilities	129674
of the municipal corporation.	129675

The conveyance shall be completed with terms and for	129676
consideration as may be negotiated. Upon and after the conveyance,	129677
the municipal corporation shall manage, maintain, and operate the	129678
facilities in accordance with the agreement. The board may retain	129679
the right to joint use of all or part of any facilities so	129680
conveyed for the benefit of the district. Neither the validity of	129681
any assessment levied or to be levied, nor the legality or	129682
enforceability of any public obligations issued or incurred, to	129683
provide for the payment of the cost of the acquisition,	129684
construction, maintenance, or operation of the facilities or any	129685
part of them shall be affected by the conveyance.	129686

Sec. 6103.05. (A) After the establishment of any county	129687
sewer district, the board of county commissioners, if a water	129688
supply improvement is to be undertaken, may have the county	129689
sanitary engineer prepare, or otherwise cause to be prepared, for	129690
the district, or revise as needed, a general plan of water supply	129691
that is as complete as can be developed at the time. After the	129692
general plan, in original or revised form, has been approved by	129693
the board, it may adopt a resolution generally describing the	129694
water supply improvement that is necessary to be acquired or	129695
constructed in accordance with the plan, declaring that the	129696
improvement is necessary for the preservation and promotion of the	129697
public health and welfare, and determining whether or not special	129698
assessments are to be levied and collected to pay any part of the	129699
cost of the improvement.	129700

(B) If special assessments are not to be levied and collected	129701
to pay any part of the cost of the improvement, the board, in the	129702
resolution provided for in division (A) of this section or in a	129703
subsequent resolution, including a resolution authorizing the	129704
issuance or incurrence of public obligations for the improvement,	129705
may authorize the improvement and the expenditure of the funds	129706
required for its acquisition or construction and may proceed with	129707
the improvement without regard to the procedures otherwise	129708
required by divisions (C), (D), and (E) of this section and by	129709
sections 6103.06, 6103.07, and 6117.09 to 6117.24 of the Revised	129710
Code. Those procedures shall be required only for improvements for	129711
which special assessments are to be levied and collected.	129712

(C) If special assessments are to be levied and collected	129713
pursuant to a determination made in the resolution provided for in	129714
division (A) of this section or in a subsequent resolution, the	129715
procedures referred to in division (B) of this section as being	129716
required for that purpose shall apply, and the board may have the	129717
county sanitary engineer prepare, or otherwise cause to be	129718
prepared, detailed plans, specifications, and an estimate of cost	129719
for the improvement, together with a tentative assessment of the	129720
cost based on the estimate. The tentative assessment shall be for	129721
the information of property owners and shall not be levied or	129722
certified to the county auditor for collection. The detailed	129723
plans, specifications, estimate of cost, and tentative assessment,	129724
if approved by the board, shall be carefully preserved in the	129725
office of the board or the county sanitary engineer and shall be	129726
open to the inspection of all persons interested in the	129727
improvement.	129728

(D) After the board's approval of the detailed plans,	129729
specifications, estimate of cost, and tentative assessment, and at	129730
least twenty-four days before adopting a resolution pursuant to	129731
division (E) of this section, the board, except to the extent that	129732
appropriate waivers of notice are obtained from affected owners,	129733
shall cause to be sent a notice of its intent to adopt a	129734
resolution to each owner of property proposed to be assessed that	129735
is listed on the records of the county auditor for current	129736
agricultural use value taxation pursuant to section 5713.31 of the	129737
Revised Code and that is not located in an agricultural district	129738
established under section 929.02 of the Revised Code. The notice	129739
shall satisfy all of the following:	129740

(1) Be sent by first class or certified mail;

129741

(2) Specify the proposed date of the adoption of the	129742
resolution;	129743

(3) Contain a statement that the improvement will be financed	129744
in whole or in part by special assessments and that all properties	129745
not located in an agricultural district established pursuant to	129746
section 929.02 of the Revised Code may be subject to a special	129747
assessment;	129748

(4) Contain a statement that an agricultural district may be	129749
established by filing an application with the county auditor.	129750

If it appears, by the return of the mailed notices or by	129751
other means, that one or more of the affected owners cannot be	129752
found or are not served by the mailed notice, the board shall	129753
cause the notice to be published once in a newspaper of general	129754
circulation in the county not later than ten days before the	129755
adoption of the resolution.	129756

(E) After complying with divisions (A), (C), and (D) of this	129757
section, the board may adopt a resolution declaring that the	129758
improvement, which shall be described as to its nature and its	129759
location, route, and termini, is necessary for the preservation	129760
and promotion of the public health and welfare, referring to the	129761
plans, specifications, estimate of cost, and tentative assessment,	129762
stating the place where they are on file and may be examined, and	129763
providing that the entire cost or a lesser designated part of the	129764
cost will be specially assessed against the benefited properties	129765
within the district and that any balance will be paid by the	129766
county at large from other available funds. The resolution also	129767
shall contain a description of the boundaries of that part of the	129768
district to be assessed and shall designate a time and place for	129769
objections to the improvement, to the tentative assessment, or to	129770
the boundaries of the assessment district to be heard by the	129771
board. The date of that hearing shall be not less than twenty-four	129772
days after the date of the first publication of the notice of the	129773
hearing required by this division.	129774

The board shall cause a notice of the hearing to be published	129775
once a week for two consecutive weeks in a newspaper of general	129776
circulation in the county or as provided in section 7.16 of the	129777
Revised Code, and on or before the date of the second publication,	129778
it shall cause to be sent by first class or certified mail a copy	129779
of the notice to every owner of property to be assessed for the	129780
improvement whose address is known.	129781

The notice shall set forth the time and place of the hearing,	129782
a summary description of the proposed improvement, including its	129783
general route and termini, a summary description of the area	129784
constituting the assessment district, and the place where the	129785
plans, specifications, estimate of cost, and tentative assessment	129786
are on file and may be examined. Each mailed notice also shall	129787
include a statement that the property of the addressee will be	129788
assessed for the improvement. The notice also shall be sent by	129789
first class or certified mail, on or before the date of the second	129790
publication, to the clerk, or the official discharging the duties	129791
of a clerk, of any municipal corporation any part of which lies	129792
within the assessment district and shall state whether or not any	129793
property belonging to the municipal corporation is to be assessed	129794
and, if so, shall identify that property.	129795

At the hearing, or at any adjournment of the hearing, of	129796
which no further published or mailed notice need be given, the	129797
board shall hear all parties whose properties are proposed to be	129798
assessed. Written objections to or endorsements of the proposed	129799
improvement, its character and termini, the boundaries of the	129800
assessment district, or the tentative assessment shall be received	129801
by the board for a period of five days after the completion of the	129802
hearing, and no action shall be taken by the board in the matter	129803
until after that period has elapsed. The minutes of the hearing	129804
shall be entered on the journal of the board showing the persons	129805
who appear in person or by attorney, and all written objections	129806
shall be preserved and filed in the office of the board.	129807

Sec. 6103.06. After the expiration of the period of five	129808
days provided in section 6103.05 of the Revised Code for the	129809
filing of written objections, the board of county commissioners	129810
shall determine whether it will proceed with the construction of	129811
the proposed improvement. If it decides to proceed therewith, the	129812
board shall ratify or amend the plans for the improvement, the	129813
character and termini thereof, the boundaries of the assessment	129814
district, and the tentative assessment, and may cause such	129815
revision of plans, boundaries, or assessments as is necessary to	129816
be made by the county sanitary engineer. If the boundaries of the	129817
assessment district are amended so as to include any property not	129818
included within the boundaries as established by the resolution of	129819
necessity, provided for in section 6103.05 of the Revised Code,	129820
the owners of all such property shall be notified by mail if their	129821
addresses are known, and notice shall be published once a week for	129822
two consecutive weeks in a newspaper of general circulation within	129823
the county or as provided in section 7.16 of the Revised Code,	129824
that such amendments have been adopted and that a hearing will be	129825
given by the board at a time and place stated in such notice at	129826
which all persons interested will be heard by the board. The date	129827
of such hearing shall be not less than twenty-four days after the	129828
first publication of such notice, and the hearing shall be	129829
conducted and records kept in the same manner as the first	129830
hearing. Five days shall be allowed for the filing of written	129831
objections as provided in section 6103.05 of the Revised Code for	129832
the first hearing and after the expiration of such five day period	129833
the board shall ratify the plans for the improvement, the	129834
character and termini thereof, the boundaries of the assessment	129835
district, and the tentative assessment, or shall further amend the	129836
same. If the boundaries of the assessment district are amended so	129837
as to include any property not included in the assessment district	129838
as originally established or previously amended, further notice	129839
and hearing shall be given to the owners of such property in the	129840
same manner as for the first amendment of such boundaries, and the	129841
same procedure shall be repeated until all property owners	129842
affected have been given an opportunity to be heard. If the owners	129843
of all property added to an assessment district by amendment of	129844
the original boundaries thereof waive objection to such amendment	129845
in writing, no further notice or hearing shall be given. After the	129846
board has ratified the plans for the improvement, the character	129847
and termini thereof, the boundaries of the assessment district,	129848
and the tentative assessment, either as originally presented or as	129849
amended, and if it decides to proceed therewith, the board shall	129850
adopt a resolution, to be known as the improvement resolution.	129851
Said improvement resolution shall declare the determination of	129852
such board to proceed with the construction of the improvement	129853
provided for in the resolution of necessity, in accordance with	129854
the plans and specification provided for such improvement, as	129855
ratified or amended, and whether bonds or certificates of	129856
indebtedness shall be issued in anticipation of the collection of	129857
special assessments, or that money in the county treasury	129858
unappropriated for any other purpose shall be appropriated to pay	129859
for said improvement.	129860

Sec. 6103.081. (A) After the establishment of any county	129861
sewer district, the board of county commissioners may determine by	129862
resolution that it is necessary to provide water supply	129863
improvements and to maintain and operate the improvements within	129864
the district or a designated portion of the district, that the	129865
improvements, which shall be generally described in the	129866
resolution, shall be constructed, that funds are required to pay	129867
the preliminary costs of the improvements to be incurred prior to	129868
the commencement of the proceedings for their construction, and	129869
that those funds shall be provided in accordance with this	129870
section.	129871

(B) Prior to the adoption of the resolution, the board shall	129872
give notice of its pendency and of the proposed determination of	129873
the necessity of the improvements generally described in the	129874
resolution. The notice shall set forth a description of the	129875
properties to be benefited by the improvements and the time and	129876
place of a hearing of objections to and endorsements of the	129877
improvements. The notice shall be given either by publication in a	129878
newspaper of general circulation in the county once a week for two	129879
consecutive weeks, by publication as provided in section 7.16 of	129880
the Revised Code, or by mailing a copy of the notice by first	129881
class or certified mail to the owners of the properties proposed	129882
to be assessed at their respective tax mailing addresses, or by	129883
~~both~~a combination of these manners, the first publication to be	129884
made or the mailing to occur at least two weeks prior to the date	129885
set for the hearing. At the hearing, or at any adjournment of the	129886
hearing, of which no further published or mailed notice need be	129887
given, the board shall hear all persons whose properties are	129888
proposed to be assessed and the evidence it considers to be	129889
necessary. The board then shall determine the necessity of the	129890
proposed improvements and whether the improvements shall be made	129891
by the board and, if they are to be made, shall direct the	129892
preparation of tentative assessments upon the benefited properties	129893
and by whom they shall be prepared.	129894

(C) In order to obtain funds for the preparation of a general	129895
or revised general plan of water supply for the district or part	129896
of the district, for the preparation of the detailed plans,	129897
specifications, estimate of cost, and tentative assessment for the	129898
proposed improvements, and for the cost of financing and legal	129899
services incident to the preparation of all of those plans and a	129900
plan of financing the proposed improvements, the board may levy	129901
upon the properties to be benefited in the district a preliminary	129902
assessment apportioned according to benefits or to tax valuation	129903
or partly by one method and partly by the other method as the	129904
board may determine. The assessments shall be in the amount	129905
determined to be necessary to obtain funds for the general and	129906
detailed plans and the cost of financing and legal services and	129907
shall be payable in the number of years that the board shall	129908
determine, not to exceed twenty years, together with interest on	129909
any public obligations that may be issued or incurred in	129910
anticipation of the collection of the assessments.	129911

(D) The board shall have power at any time to levy additional	129912
assessments according to benefits or to tax valuation or partly by	129913
one method and partly by the other method as the board may	129914
determine for the purposes described in division (C) of this	129915
section upon the benefited properties to complete the payment of	129916
the costs described in division (C) of this section or to pay the	129917
cost of any additional plans, specifications, estimate of cost, or	129918
tentative assessment and the cost of financing and legal services	129919
incident to the preparation of those plans and the plan of	129920
financing, which additional assessments shall be payable in the	129921
number of years that the board shall determine, not to exceed	129922
twenty years, together with interest on any public obligations	129923
that may be issued or incurred in anticipation of the collection	129924
of the additional assessments.	129925

(E) Prior to the adoption of a resolution levying assessments	129926
under this section, the board shall give notice either by one	129927
publication in a newspaper of general circulation in the county,	129928
or by mailing a copy of the notice by first class or certified	129929
mail to the owners of the properties proposed to be assessed at	129930
their respective tax mailing addresses, or by both manners, the	129931
publication to be made or the mailing to occur at least ten days	129932
prior to the date of the meeting at which the resolution shall be	129933
taken up for consideration; that notice shall state the time and	129934
place of the meeting at which the resolution is to be considered.	129935
At the time and place of the meeting, or at any adjournment of the	129936
meeting, of which no further published or mailed notice need be	129937
given, the board shall hear all persons whose properties are	129938
proposed to be assessed, shall correct any errors and make any	129939
revisions that appear to be necessary or just, and then may adopt	129940
a resolution levying upon the properties determined to be	129941
benefited the assessments as so corrected and revised.	129942

The assessments levied by the resolution shall be certified	129943
to the county auditor for collection in the same manner as taxes	129944
in the year or years in which they are payable.	129945

(F) Upon the adoption of the resolution described in division	129946
(E) of this section, no further action shall be taken or work done	129947
until ten days have elapsed. If, at the expiration of that period,	129948
no appeal has been effected by any property owner as provided in	129949
this division, the action of the board shall be final. If, at the	129950
end of that ten days, any owner of property to be assessed for the	129951
improvements has effected an appeal, no further action shall be	129952
taken and no work done in connection with the improvements under	129953
the resolution until the matters appealed from have been disposed	129954
of in court.	129955

Any owner of property to be assessed may appeal as provided	129956
and upon the grounds stated in sections 6117.09 to 6117.24 of the	129957
Revised Code.	129958

If no appeal has been perfected or if on appeal the	129959
resolution of the board is sustained, the board may authorize and	129960
enter into contracts to carry out the purpose for which the	129961
assessments have been levied without the prior issuance of notes,	129962
provided that the payments under those contracts do not fall due	129963
prior to the time by which the assessments are to be collected.	129964
The board may issue and sell bonds with a maximum maturity of	129965
twenty years in anticipation of the collection of the assessments	129966
and may issue notes in anticipation of the issuance of the bonds,	129967
which notes and bonds, as public obligations, shall be issued and	129968
sold as provided in Chapter 133. of the Revised Code.	129969

Sec. 6103.31. (A) If the board of county commissioners	129970
determines by resolution that the best interests of the county and	129971
the users of water supply facilities of the county serving a sewer	129972
district so require, the board may sell or otherwise dispose of	129973
the facilities to another public agency or a person. The	129974
resolution declaring the necessity of that disposition shall	129975
recite the reasons for the sale or other disposition and shall	129976
establish any conditions or terms that the board may impose,	129977
including, but not limited to, a minimum sales price if a sale is	129978
proposed, a requirement for the submission by bidders of the	129979
schedule of water rates and charges initially proposed to be paid	129980
by the users of the facilities, and other pertinent conditions or	129981
terms relating to the sale or other disposition. The resolution	129982
also shall designate a time and place for the hearing of	129983
objections to the sale or other disposition by the board. Notice	129984
of the adoption of the resolution and the time and place of the	129985
hearing shall be published as provided in section 7.16 of the	129986
Revised Code, or once a week for two consecutive weeks, in a	129987
newspaper of general circulation in the sewer district and in the	129988
county. The public hearing on the sale or other disposition shall	129989
be held not less than twenty-four days following the date of first	129990
publication of the notice. A copy of the notice also shall be sent	129991
by first class or certified mail, on or before the date of the	129992
second publication, to any public agency within the area served by	129993
the facilities. At the public hearing, or at any adjournment of	129994
it, of which no further published or mailed notice need be given,	129995
the board shall hear all interested parties. A period of five days	129996
shall be given following the completion of the hearing for the	129997
filing of written objections by any interested persons or public	129998
agencies to the sale or other disposition, after which the board	129999
shall consider any objections and by resolution determine whether	130000
or not to proceed with the sale or other disposition. If the board	130001
determines to proceed with the sale or other disposition, it shall	130002
receive bids after advertising once a week for four consecutive	130003
weeks in a newspaper of general circulation in the county or as	130004
provided in section 7.16 of the Revised Code and, subject to the	130005
right of the board to reject any or all bids, may make an award to	130006
a responsible bidder whose proposal is determined by the board to	130007
be in the best interests of the county and the users of the	130008
facilities.	130009

(B) A conveyance of water supply facilities by a county to a	130010
municipal corporation, in accordance with division (B) of section	130011
6103.04 of the Revised Code, may be made without regard to	130012
division (A) of this section.	130013

Sec. 6105.131. The board of directors of a watershed	130014
district may designate a specific reach in the channel of any	130015
watercourse within the territorial boundaries of the district as a	130016
restricted channel, when the construction or alteration of	130017
structures or obstructions within such channel will restrict its	130018
capacity so as to constitute an unreasonable hazard to the safety	130019
of life and property in times of flood, or designate any area	130020
outside the banks of a restricted channel as a restricted floodway	130021
when such area is reasonably necessary to the efficiency of a	130022
restricted channel as a means of carrying off flood waters. Such	130023
designation of a restricted channel or restricted floodway shall	130024
be made in the following manner:	130025

(A) The board shall adopt a resolution stating its intent to	130026
designate a specific reach in a channel of a watercourse as a	130027
restricted channel or a specific area as a restricted floodway.	130028
Such resolution shall contain a description of the reach of the	130029
channel to be designated as a restricted channel or description of	130030
the area to be designated as a restricted floodway and the reasons	130031
of the board for making such designation.	130032

(B) The board shall cause such resolution to be published as	130033
provided in section 7.16 of the Revised Code or once a week for	130034
two consecutive weeks in a newspaper of general circulation in the	130035
county or counties in which such restricted channel or restricted	130036
floodway is located, together with a notice of the time and place	130037
where a hearing will be held by the board on the question of	130038
designating such channel as a restricted channel or such area as a	130039
restricted floodway ~~and~~. The board also shall give not less than	130040
ten days notice of said hearing by first class mail to all owners	130041
of property within the area proposed to be designated as a	130042
restricted floodway. The date of such hearing shall be not less	130043
than ten days after the completion of the publication provided for	130044
by this division.	130045

(C) The board shall hold a hearing at the time and place	130046
designated in the notice published under division (B) of this	130047
section at which time indorsements of and objections to the	130048
designation of such channel as a restricted channel or such area	130049
as a restricted floodway shall be heard.	130050

(D) The board may, after the completion of the hearing under	130051
division (C) of this section and after finding that the	130052
construction or alteration of structures or obstructions or	130053
relocation, alteration, restriction, deposit, or encroachment	130054
within the designated reach of such channel will restrict its	130055
capacity so as to constitute an unreasonable hazard to the safety	130056
of life and property in times of flood, adopt a resolution	130057
designating the reach of the channel described in the resolution	130058
of intent adopted under division (A) of this section or any	130059
modification thereof as a restricted channel.	130060

(E) In like manner the board may, after completion of a	130061
hearing under division (C) of this section and after finding that	130062
the construction or alteration of structures or obstructions or	130063
change of grade within a designated floodway area will restrict	130064
its capacity or efficiency as a means of carrying off flood water	130065
so as to constitute an unreasonable hazard to the safety of life	130066
and property in times of flood, adopt a resolution designating the	130067
area described in the resolution of intent adopted under division	130068
(A) of this section, or any modification thereof, as a restricted	130069
floodway.	130070

Sec. 6109.21. (A) Except as provided in divisions (D) and	130071
(E) of this section, on and after January 1, 1994, no person shall	130072
operate or maintain a public water system in this state without a	130073
license issued by the director of environmental protection. A	130074
person who operates or maintains a public water system on January	130075
1, 1994, shall obtain an initial license under this section in	130076
accordance with the following schedule:	130077

(1) If the public water system is a community water system,	130078
not later than January 31, 1994;	130079

(2) If the public water system is not a community water	130080
system and serves a nontransient population, not later than	130081
January 31, 1994;	130082

(3) If the public water system is not a community water	130083
system and serves a transient population, not later than January	130084
31, 1995.	130085

A person proposing to operate or maintain a new public water	130086
system after January 1, 1994, in addition to complying with	130087
section 6109.07 of the Revised Code and rules adopted under it,	130088
shall submit an application for an initial license under this	130089
section to the director prior to commencing operation of the	130090
system.	130091

A license or license renewal issued under this section shall	130092
be renewed annually. Such a license or license renewal shall	130093
expire on the thirtieth day of January in the year following its	130094
issuance. A license holder that proposes to continue operating the	130095
public water system for which the license or license renewal was	130096
issued shall apply for a license renewal at least thirty days	130097
prior to that expiration date.	130098

The director shall adopt, and may amend and rescind, rules in	130099
accordance with Chapter 119. of the Revised Code establishing	130100
procedures governing and information to be included on	130101
applications for licenses and license renewals under this section.	130102
Through June 30, ~~2012~~2014, each application shall be accompanied	130103
by the appropriate fee established under division (M) of section	130104
3745.11 of the Revised Code, provided that an applicant for an	130105
initial license who is proposing to operate or maintain a new	130106
public water system after January 1, 1994, shall submit a fee that	130107
equals a prorated amount of the appropriate fee established under	130108
that division for the remainder of the licensing year.	130109

(B) Not later than thirty days after receiving a completed	130110
application and the appropriate license fee for an initial license	130111
under division (A) of this section, the director shall issue the	130112
license for the public water system. Not later than thirty days	130113
after receiving a completed application and the appropriate	130114
license fee for a license renewal under division (A) of this	130115
section, the director shall do one of the following:	130116

(1) Issue the license renewal for the public water system;

130117

(2) Issue the license renewal subject to terms and conditions	130118
that the director determines are necessary to ensure compliance	130119
with this chapter and rules adopted under it;	130120

(3) Deny the license renewal if the director finds that the	130121
public water system was not operated in substantial compliance	130122
with this chapter and rules adopted under it.	130123

(C) The director may suspend or revoke a license or license	130124
renewal issued under this section if the director finds that the	130125
public water system was not operated in substantial compliance	130126
with this chapter and rules adopted under it. The director shall	130127
adopt, and may amend and rescind, rules in accordance with Chapter	130128
119. of the Revised Code governing such suspensions and	130129
revocations.	130130

(D)(1) As used in division (D) of this section, "church"	130131
means a fellowship of believers, congregation, society,	130132
corporation, convention, or association that is formed primarily	130133
or exclusively for religious purposes and that is not formed or	130134
operated for the private profit of any person.	130135

(2) This section does not apply to a church that operates or	130136
maintains a public water system solely to provide water for that	130137
church or for a campground that is owned by the church and	130138
operated primarily or exclusively for members of the church and	130139
their families. A church that, on or before March 5, 1996, has	130140
obtained a license under this section for such a public water	130141
system need not obtain a license renewal under this section.	130142

(E) This section does not apply to any public or nonpublic	130143
school that meets minimum standards of the state board of	130144
education that operates or maintains a public water system solely	130145
to provide water for that school.	130146

(F) The environmental protection agency shall collect well	130147
log filing fees on behalf of the division of soil and water	130148
resources in the department of natural resources in accordance	130149
with section 1521.05 of the Revised Code and rules adopted under	130150
it. The fees shall be submitted to the division quarterly as	130151
provided in those rules.	130152

Sec. 6111.038. There is hereby created in the state treasury	130153
the surface water protection fund, consisting of moneys	130154
distributed to it. The director of environmental protection shall	130155
use moneys in the fund solely for administration and	130156
implementation of surface water protection programs, including at	130157
least programs required under the "Federal Water Pollution Control	130158
Act" and programs necessary to carry out the purposes of this	130159
chapter. Those programs shall include at least the development of	130160
water quality standards; the development of wasteload allocations;	130161
the establishment of water quality-based effluent limits; the	130162
monitoring and analysis of chemical, physical, and biological	130163
surface water quality; the issuance, modification, and renewal of	130164
NPDES permits and permits to install; the ensurance of compliance	130165
with permit conditions; the management and oversight of	130166
pretreatment programs; the provision of technical assistance to	130167
publicly owned treatment works; and the administration of the	130168
water pollution control loan fund created in section 6111.036 of	130169
the Revised Code.	130170

~~Moneys in the fund shall not be used to meet any state~~	130171
~~matching requirements that are necessary to obtain federal grants.~~	130172

Sec. 6111.044. Upon receipt of an application for an	130173
injection well drilling permit, an injection well operating	130174
permit, a renewal of an injection well operating permit, or a	130175
modification of an injection well drilling permit, operating	130176
permit, or renewal of an operating permit, the director of	130177
environmental protection shall determine whether the application	130178
is complete and demonstrates that the activities for which the	130179
permit, renewal permit, or modification is requested will comply	130180
with the Federal Water Pollution Control Act and regulations	130181
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661	130182
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted	130183
under it; and this chapter and the rules adopted under it. If the	130184
application demonstrates that the proposed activities will not	130185
comply or will pose an unreasonable risk of inducing seismic	130186
activity, inducing geologic fracturing, or contamination of an	130187
underground source of drinking water, the director shall deny the	130188
application. If the application does not make the required	130189
demonstrations, the director shall return it to the applicant with	130190
an indication of those matters about which a required	130191
demonstration was not made. If the director determines that the	130192
application makes the required demonstrations, the director shall	130193
transmit copies of the application and all of the accompanying	130194
maps, data, samples, and information to the chief of the division	130195
of ~~mineral~~oil and gas resources management, the chief of the	130196
division of geological survey, ~~and~~ the chief of the division of	130197
soil and water resources, and, if the well is or is to be located	130198
in a coal bearing township designated under section 1561.06 of the	130199
Revised Code, the chief of the division of mineral resources	130200
management in the department of natural resources.	130201

The chief of the division of geological survey shall comment	130202
upon the application if the chief determines that the proposed	130203
well or injection will present an unreasonable risk of loss or	130204
damage to valuable mineral resources. If the chief submits	130205
comments on the application, those comments shall be accompanied	130206
by an evaluation of the geological factors upon which the comments	130207
are based, including fractures, faults, earthquake potential, and	130208
the porosity and permeability of the injection zone and confining	130209
zone, and by the documentation supporting the evaluation. The	130210
director shall take into consideration the chief's comments, and	130211
the accompanying evaluation of geologic factors and supporting	130212
documentation, when considering the application. The director	130213
shall provide written notice to the chief of the director's	130214
decision on the application and, if the chief's comments are not	130215
included in the permit, renewal permit, or modification, of the	130216
director's rationale for not including them.	130217

The chief of the division of ~~mineral~~oil and gas resources	130218
management shall comment upon the application if the chief	130219
determines that the proposed well or injection will present an	130220
unreasonable risk that waste or contamination of recoverable oil	130221
or gas in the earth will occur. If the chief submits comments on	130222
the application, those comments shall be accompanied by an	130223
evaluation of the oil or gas reserves that, in the best	130224
professional judgment of the chief, are recoverable and will be	130225
adversely affected by the proposed well or injection, and by the	130226
documentation supporting the evaluation. The director shall take	130227
into consideration the chief's comments, and the accompanying	130228
evaluation and supporting documentation, when considering the	130229
application. The director shall provide written notice to the	130230
chief of the director's decision on the application and, if the	130231
chief's comments are not included in the permit, renewal permit,	130232
or modification, of the director's rationale for not including	130233
them.	130234

The chief of the division of soil and water resources shall	130235
assist the director in determining whether all underground sources	130236
of drinking water in the area of review of the proposed well or	130237
injection have been identified and correctly delineated in the	130238
application. If the application fails to identify or correctly	130239
delineate an underground source of drinking water, the chief shall	130240
provide written notice of that fact to the director.	130241

The chief of the division of mineral resources management	130242
~~also~~ shall review the application as follows:	130243

If the application concerns the drilling or conversion of a	130244
well or the injection into a well that is not or is not to be	130245
located within five thousand feet of the excavation and workings	130246
of a mine, the chief of the division of mineral resources	130247
management shall note upon the application that it has been	130248
examined by the division of mineral resources management, retain a	130249
copy of the application and map, and immediately return a copy of	130250
the application to the director.	130251

If the application concerns the drilling or conversion of a	130252
well or the injection into a well that is or is to be located	130253
within five thousand feet, but more than five hundred feet from	130254
the surface excavations and workings of a mine, the chief of the	130255
division of mineral resources management immediately shall notify	130256
the owner or lessee of the mine that the application has been	130257
filed and send to the owner or lessee a copy of the map	130258
accompanying the application setting forth the location of the	130259
well. The chief of the division of mineral resources management	130260
shall note on the application that the notice has been sent to the	130261
owner or lessee of the mine, retain a copy of the application and	130262
map, and immediately return a copy of the application to the	130263
director with the chief's notation on it.	130264

If the application concerns the drilling or conversion of a	130265
well or the injection into a well that is or is to be located	130266
within five thousand feet of the underground excavations and	130267
workings of a mine or within five hundred feet of the surface	130268
excavations and workings of a mine, the chief of the division of	130269
mineral resources management immediately shall notify the owner or	130270
lessee of the mine that the application has been filed and send to	130271
the owner or lessee a copy of the map accompanying the application	130272
setting forth the location of the well. If the owner or lessee	130273
objects to the application, the owner or lessee shall notify the	130274
chief of the division of mineral resources management of the	130275
objection, giving the reasons, within six days after the receipt	130276
of the notice. If the chief of the division of mineral resources	130277
management receives no objections from the owner or lessee of the	130278
mine within ten days after the receipt of the notice by the owner	130279
or lessee, or if in the opinion of the chief of the division of	130280
mineral resources management the objections offered by the owner	130281
or lessee are not sufficiently well founded, the chief shall	130282
retain a copy of the application and map and return a copy of the	130283
application to the director with any applicable notes concerning	130284
it.	130285

If the chief of the division of mineral resources management	130286
receives an objection from the owner or lessee of the mine as to	130287
the application, within ten days after receipt of the notice by	130288
the owner or lessee, and if in the opinion of the chief the	130289
objection is well founded, the chief shall disapprove the	130290
application and immediately return it to the director together	130291
with the chief's reasons for the disapproval. The director	130292
promptly shall notify the applicant for the permit, renewal	130293
permit, or modification of the disapproval. The applicant may	130294
appeal the disapproval of the application by the chief of the	130295
division of mineral resources management to the reclamation	130296
commission created under section 1513.05 of the Revised Code, and	130297
the commission shall hear the appeal in accordance with section	130298
1513.13 of the Revised Code. The appeal shall be filed within	130299
thirty days from the date the applicant receives notice of the	130300
disapproval. No comments concerning or disapproval of an	130301
application shall be delayed by the chief of the division of	130302
mineral resources management for more than fifteen days from the	130303
date of sending of notice to the mine owner or lessee as required	130304
by this section.	130305

The director shall not approve an application for an	130306
injection well drilling permit, an injection well operating	130307
permit, a renewal of an injection well operating permit, or a	130308
modification of an injection well drilling permit, operating	130309
permit, or renewal of an operating permit for a well that is or is	130310
to be located within three hundred feet of any opening of any mine	130311
used as a means of ingress, egress, or ventilation for persons	130312
employed in the mine, nor within one hundred feet of any building	130313
or flammable structure connected with the mine and actually used	130314
as a part of the operating equipment of the mine, unless the chief	130315
of the division of mineral resources management determines that	130316
life or property will not be endangered by drilling and operating	130317
the well in that location.	130318

Upon review by the chief of the division of ~~mineral~~oil and	130319
gas resources management, the chief of the division of geological	130320
survey, and the chief of the division of soil and water resources,	130321
and if the chief of the division of mineral resources management	130322
has not disapproved the application, the director shall issue a	130323
permit, renewal permit, or modification with any terms and	130324
conditions that may be necessary to comply with the Federal Water	130325
Pollution Control Act and regulations adopted under it; the "Safe	130326
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f) as	130327
amended, and regulations adopted under it; and this chapter and	130328
the rules adopted under it. The director shall not issue a permit,	130329
renewal permit, or modification to an applicant if the applicant	130330
or persons associated with the applicant have engaged in or are	130331
engaging in a substantial violation of this chapter that is	130332
endangering or may endanger human health or the environment or if,	130333
in the case of an applicant for an injection well drilling permit,	130334
the applicant, at the time of applying for the permit, did not	130335
hold an injection well operating permit or renewal of an injection	130336
well drilling permit and failed to demonstrate sufficient	130337
expertise and competency to operate the well in compliance with	130338
the applicable provisions of this chapter.	130339

If the director receives a disapproval from the chief of the	130340
division of mineral resources management regarding an application	130341
for an injection well drilling or operating permit, renewal	130342
permit, or modification, if required, the director shall issue an	130343
order denying the application.	130344

The director need not issue a proposed action under section	130345
3745.07 of the Revised Code or hold an adjudication hearing under	130346
that section and Chapter 119. of the Revised Code before issuing	130347
or denying a permit, renewal permit, or modification of a permit	130348
or renewal permit. Before issuing or renewing a permit to drill or	130349
operate a class I injection well or a modification of it, the	130350
director shall propose the permit, renewal permit, or modification	130351
in draft form and shall hold a public hearing to receive public	130352
comment on the draft permit, renewal permit, or modification. At	130353
least fifteen days before the public hearing on a draft permit,	130354
renewal permit, or modification, the director shall publish notice	130355
of the date, time, and location of the public hearing in at least	130356
one newspaper of general circulation serving the area where the	130357
well is or is to be located. The proposing of such a draft permit,	130358
renewal permit, or modification does not constitute the issuance	130359
of a proposed action under section 3745.07 of the Revised Code,	130360
and the holding of the public hearing on such a draft permit,	130361
renewal permit, or modification does not constitute the holding of	130362
an adjudication hearing under that section and Chapter 119. of the	130363
Revised Code. Appeals of orders other than orders of the chief of	130364
the division of mineral resources management shall be taken under	130365
sections 3745.04 to 3745.08 of the Revised Code.	130366

The director may order that an injection well drilling permit	130367
or an injection well operating permit or renewal permit be	130368
suspended and that activities under it cease after determining	130369
that those activities are occurring in violation of law, rule,	130370
order, or term or condition of the permit. Upon service of a copy	130371
of the order upon the permit holder or the permit holder's	130372
authorized agent or assignee, the permit and activities under it	130373
shall be suspended immediately without prior hearing and shall	130374
remain suspended until the violation is corrected and the order of	130375
suspension is lifted. If a violation is the second within a	130376
one-year period, the director, after a hearing, may revoke the	130377
permit.	130378

The director may order that an injection well drilling permit	130379
or an injection well operating permit or renewal permit be	130380
suspended and that activities under it cease if the director has	130381
reasonable cause to believe that the permit would not have been	130382
issued if the information available at the time of suspension had	130383
been available at the time a determination was made by one of the	130384
agencies acting under authority of this section. Upon service of a	130385
copy of the order upon the permit holder or the permit holder's	130386
authorized agent or assignee, the permit and activities under it	130387
shall be suspended immediately without prior hearing, but a permit	130388
may not be suspended for that reason without prior hearing unless	130389
immediate suspension is necessary to prevent waste or	130390
contamination of oil or gas, comply with the Federal Water	130391
Pollution Control Act and regulations adopted under it; the "Safe	130392
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as	130393
amended, and regulations adopted under it; and this chapter and	130394
the rules adopted under it, or prevent damage to valuable mineral	130395
resources, prevent contamination of an underground source of	130396
drinking water, or prevent danger to human life or health. If	130397
after a hearing the director determines that the permit would not	130398
have been issued if the information available at the time of the	130399
hearing had been available at the time a determination was made by	130400
one of the agencies acting under authority of this section, the	130401
director shall revoke the permit.	130402

When a permit has been revoked, the permit holder or other	130403
person responsible for it immediately shall plug the well in the	130404
manner required by the director.	130405

The director may issue orders to prevent or require cessation	130406
of violations of this section, section 6111.043, 6111.045,	130407
6111.046, or 6111.047 of the Revised Code, rules adopted under any	130408
of those sections, and terms or conditions of permits issued under	130409
any of them. The orders may require the elimination of conditions	130410
caused by the violation.	130411

Sec. 6115.01. As used in sections 6115.01 to 6115.79 of the	130412
Revised Code:	130413

(A) "Publication" means once a week for three consecutive	130414
weeks in ~~each of two newspapers of different political~~	130415
~~affiliations, if there are such newspapers, and~~a newspaper of	130416
general circulation in the counties wherein publication is to be	130417
made or as provided in section 7.16 of the Revised Code.	130418
Publication need not be made on the same day of the week in each	130419
of the ~~three~~ weeks; but not less than fourteen days, excluding the	130420
day of first publication, shall intervene between the first	130421
publication and the last publication. Publication shall be	130422
complete on the date of the last publication.	130423

(B) "Person" means person, firm, partnership, association, or	130424
corporation, other than county, township, municipal corporation,	130425
or other political subdivision.	130426

(C) "Public corporation" means counties, townships, municipal	130427
corporations, school districts, road districts, ditch districts,	130428
park districts, levee districts, and all other governmental	130429
agencies clothed with the power of levying general or special	130430
taxes.	130431

(D) "Court" means the court of common pleas in which the	130432
petition for the organization of a sanitary district was filed and	130433
granted. In the case of a district lying in more than one county,	130434
"court" means the court comprised of one judge of the court of	130435
common pleas from each county as provided in section 6115.04 of	130436
the Revised Code.	130437

(E) "Land" or "property," unless otherwise specified, means	130438
real property, as "real property" is used in and defined by the	130439
laws of this state, and embraces all railroads, tramroads, roads,	130440
electric railroads, street and interurban railroads, streets and	130441
street improvements, telephones, telegraph, and transmission	130442
lines, gas, sewerage, and water systems, pipelines and	130443
rights-of-way of public service corporations, and all other real	130444
property whether public or private.	130445

(F) "Board of directors" applies to the duties of one	130446
director appointed in accordance with section 6115.10 of the	130447
Revised Code in a district lying wholly within one county.	130448

(G) "Biting arthropods" include mosquitoes, ticks, biting	130449
flies, or other biting arthropods capable of transmitting disease	130450
to humans.	130451

(H) "Bond" or "bonds" means bonds, notes, certificates of	130452
indebtedness, certificates of participation, commercial paper, and	130453
other instruments in writing, including, unless the context does	130454
not admit, bonds or notes issued in anticipation of the issuance	130455
of other bonds, issued by a sanitary district to evidence its	130456
obligation to repay money borrowed, or to pay interest, by, or to	130457
pay at any future time other money obligations of, the sanitary	130458
district.	130459

(I) "Financing costs" has the same meaning as in division (K)	130460
of section 133.01 of the Revised Code.	130461

Sec. 6115.20. (A) When it is determined to let the work	130462
relating to the improvements for which a sanitary district was	130463
established by contract, contracts in amounts to exceed ten	130464
thousand dollars shall be advertised after notice calling for bids	130465
has been published once a week for five consecutive weeks	130466
completed on the date of last publication or as provided in	130467
section 7.16 of the Revised Code, in ~~at least one~~a newspaper of	130468
general circulation within the sanitary district where the work is	130469
to be done. The board of directors of the sanitary district shall	130470
let bids as provided in this section or, if applicable, section	130471
9.312 of the Revised Code. If the bids are for a contract for the	130472
construction, demolition, alteration, repair, or reconstruction of	130473
an improvement, the board of directors of the sanitary district	130474
shall let the contract to the lowest or best bidder who meets the	130475
requirements of section 153.54 of the Revised Code. If the bids	130476
are for a contract for any other work relating to the improvements	130477
for which a sanitary district was established, the board of	130478
directors of the sanitary district shall let the contract to the	130479
lowest or best bidder who gives a good and approved bond, with	130480
ample security, conditioned on the carrying out of the contract	130481
and the payment for all labor and material. The contract shall be	130482
in writing and shall be accompanied by or shall refer to plans and	130483
specifications for the work to be done prepared by the chief	130484
engineer. The plans and specifications at all times shall be made	130485
and considered a part of the contract. The contract shall be	130486
approved by the board and signed by the president of the board and	130487
by the contractor and shall be executed in duplicate. In case of	130488
emergency the advertising of contracts may be waived upon the	130489
consent of the board with the approval of the court or judge in	130490
vacation.	130491

(B) In the case of a sanitary district organized wholly for	130492
the purpose of providing a water supply for domestic, municipal,	130493
and public use that includes two municipal corporations in two	130494
counties, any service to be purchased, including the services of	130495
an accountant, architect, attorney at law, physician, or	130496
professional engineer, at a cost in excess of ten thousand dollars	130497
shall be obtained in the manner provided in sections 153.65 to	130498
~~153.71~~153.73 of the Revised Code. For the purposes of the	130499
application of those sections to division (B) of this section, all	130500
of the following apply:	130501

(1) "Public authority," as used in those sections, shall be	130502
deemed to mean a sanitary district organized wholly for the	130503
purpose of providing a water supply for domestic, municipal, and	130504
public use that includes two municipal corporations in two	130505
counties;	130506

(2) "Professional design firm," as used in those sections,	130507
shall be deemed to mean any person legally engaged in rendering	130508
professional design services as defined in division (B)(3) of this	130509
section;	130510

(3) "Professional design services," as used in those	130511
sections, shall be deemed to mean accounting, architectural,	130512
legal, medical, or professional engineering services;	130513

(4) The use of other terms in those sections shall be adapted	130514
accordingly, including, without limitation, for the purposes of	130515
division (D)~~(2)~~ of section 153.67 of the Revised Code;	130516

(5) Divisions (A) to (C) of section 153.71 of the Revised	130517
Code do not apply.	130518

(C) The board of directors of a district organized wholly for	130519
the purpose of providing a water supply for domestic, municipal,	130520
and public use may contract for, purchase, or otherwise procure	130521
for the benefit of employees of the district and pay all or any	130522
part of the cost of group insurance policies that may provide	130523
benefits, including, but not limited to, hospitalization, surgical	130524
care, major medical care, disability, dental care, vision care,	130525
medical care, hearing aids, or prescription drugs. Any group	130526
insurance policy purchased under this division shall be purchased	130527
from the health care corporation that the board of directors	130528
determines offers the most cost-effective group insurance policy.	130529

Sec. 6115.321. (A) The legislative authority of a municipal	130530
corporation or the board of township trustees of a township all or	130531
part of whose territory is included within the territory of a	130532
sanitary district that is established solely for the reduction of	130533
biting arthropods pursuant to division (F) of section 6115.04 of	130534
the Revised Code may enact an ordinance or adopt a resolution, as	130535
applicable, approving the submission to the court of common pleas	130536
that established the district a petition to exclude from the	130537
district the territory of the municipal corporation or the	130538
township, as applicable, that is included in the district. If the	130539
legislative authority of a municipal corporation or the board of	130540
township trustees of a township enacts such an ordinance or adopts	130541
such a resolution, as applicable, the legislative authority or the	130542
board may submit to the appropriate court of common pleas a	130543
petition that requests the court to exclude the territory of the	130544
municipal corporation or the township, as applicable, from the	130545
district. Such a petition shall include an explanation of the	130546
reasons for the petition to exclude the territory of the municipal	130547
corporation or the township, as applicable, from the district.	130548

(B) If a court of common pleas receives a petition from the	130549
legislative authority of a municipal corporation or a board of	130550
township trustees, as applicable, that requests the court to	130551
exclude the territory of the municipal corporation or the township	130552
from the applicable sanitary district, the clerk of the court	130553
shall notify the legislative authority of each municipal	130554
corporation and the board of township trustees of each township	130555
all or part of whose territory is included within the territorial	130556
boundaries of the district of the receipt of the petition, include	130557
a copy of the petition, and include a statement informing the	130558
legislative authority or the board of township trustees, as	130559
applicable, that the legislative authority or the board may submit	130560
to the clerk within thirty days of receipt of the notice written	130561
objections concerning the petition in the form of an ordinance	130562
enacted by the legislative authority or a resolution adopted by	130563
the board, as applicable.	130564

(C) Not sooner than thirty days after the clerk of the court	130565
of common pleas notifies legislative authorities of municipal	130566
corporations and boards of township trustees in accordance with	130567
division (B) of this section, one of the following applies:	130568

(1) The court shall enter a decree excluding from the	130569
district the territory of the municipal corporation or the	130570
township, as applicable, that is the subject of the petition and	130571
create a plan as required by division (D) of this section if the	130572
court receives written objections concerning the petition of	130573
exclusion from fewer than sixty per cent of the legislative	130574
authorities of municipal corporations and boards of township	130575
trustees of townships that were so notified.	130576

(2) The court after a hearing on the petition may enter a	130577
decree excluding from the district the territory of the municipal	130578
corporation or the township, as applicable, that is the subject of	130579
the petition and create a plan as required by division (D) of this	130580
section if the court receives written objections concerning the	130581
petition of exclusion from sixty per cent or more of the	130582
legislative authorities of municipal corporations and boards of	130583
township trustees of townships that were so notified.	130584

(D) If a court of common pleas enters a decree in accordance	130585
with division (C) of this section excluding from a sanitary	130586
district the territory of a municipal corporation or a township,	130587
as applicable, the court shall do both of the following:	130588

(1) Establish a plan for the exclusion from the district of	130589
the territory that ensures the payment of expenses and	130590
indebtedness of the district, and, if necessary because the	130591
exclusion effectively dissolves the district, determine the value	130592
of the assets of the district and provide for their equitable	130593
distribution among the municipal corporations and townships all or	130594
part of whose territory is included within the district;	130595

(2) Send a copy of the court's decree and of the plan	130596
established under division (D)(1) of this section to the	130597
legislative authority of each municipal corporation and the board	130598
of township trustees of each township all or part of whose	130599
territory is included within the territory of the district and to	130600
the county auditor and treasurer of each applicable county.	130601

Sec. 6117.05. (A) Whenever any portion of a sewer district	130602
is incorporated as, or annexed to, a municipal corporation, the	130603
area so incorporated or annexed shall remain under the	130604
jurisdiction of the board of county commissioners for purposes of	130605
the acquisition and construction of sanitary and drainage facility	130606
and prevention or replacement facility improvements until all of	130607
those improvements for the area for which a resolution described	130608
in division (A) or (E) of section 6117.06 of the Revised Code has	130609
been adopted by the board have been acquired or completed or until	130610
the board has abandoned the improvements. The board, unless and	130611
until a conveyance is made to a municipal corporation in	130612
accordance with division (B) of this section, shall continue to	130613
have jurisdiction in the area so incorporated or annexed with	130614
respect to the management, maintenance, and operation of all	130615
sanitary and drainage facilities and prevention or replacement	130616
facilities so acquired or completed, or previously acquired or	130617
completed, including the right to establish rules and rates and	130618
charges for the use of, and connections to, the facilities. The	130619
incorporation or annexation of any part of a district shall not	130620
affect the legality or enforceability of any public obligations	130621
issued or incurred by the county for purposes of this chapter to	130622
provide for the payment of the cost of acquisition, construction,	130623
maintenance, or operation of any sanitary or drainage facilities	130624
or prevention or replacement facilities within the area, or the	130625
validity of any assessments levied or to be levied upon properties	130626
within the area to provide for the payment of the cost of	130627
acquisition, construction, maintenance, or operation of the	130628
facilities.	130629

(B) ~~Any~~A board may convey, by mutual agreement, to a	130630
municipal corporation any completed sanitary or drainage	130631
facilities or prevention or replacement facilities acquired or	130632
constructed by a county under this chapter for the use of, or	130633
service of property located in, any county sewer district, or any	130634
part of those facilities~~, that~~to which any of the following	130635
applies:	130636

(1) The facilities are located within athe municipal	130637
corporation or within any area that is incorporated as, or annexed	130638
to, athe municipal corporation~~, or any part of the~~.	130639

(2) The facilities ~~that~~ serve athe municipal corporation or	130640
~~such an area, may be conveyed, by mutual agreement between the~~	130641
~~board and the municipal corporation, to~~any area that is located	130642
within or that is incorporated as, or annexed to, the municipal	130643
corporation on.	130644

(3) The facilities are connected to facilities of the	130645
municipal corporation.	130646

The conveyance shall be completed with terms and for	130647
consideration as may be negotiated. Upon and after the conveyance,	130648
the municipal corporation shall manage, maintain, and operate the	130649
facilities in accordance with the agreement. The board may retain	130650
the right to joint use of all or part of any facilities so	130651
conveyed for the benefit of the district. Neither the validity of	130652
any assessment levied or to be levied, nor the legality or	130653
enforceability of any public obligations issued or incurred, to	130654
provide for the payment of the cost of the acquisition,	130655
construction, maintenance, or operation of the facilities or any	130656
part of them, shall be affected by the conveyance.	130657

Sec. 6117.06. (A) After the establishment of any sewer	130658
district, the board of county commissioners, if a sanitary or	130659
drainage facility or prevention or replacement facility	130660
improvement is to be undertaken, may have the county sanitary	130661
engineer prepare, or otherwise cause to be prepared, for the	130662
district, or revise as needed, a general plan of sewerage or	130663
drainage that is as complete in each case as can be developed at	130664
the time and that is devised with regard to any existing sanitary	130665
or drainage facilities or prevention or replacement facilities in	130666
the district and present as well as prospective needs for	130667
additional sanitary or drainage facilities or prevention or	130668
replacement facilities in the district. After the general plan,	130669
in original or revised form, has been approved by the board, it	130670
may adopt a resolution generally describing the improvement that	130671
is necessary to be acquired or constructed in accordance with the	130672
particular plan, declaring that the improvement is necessary for	130673
the preservation and promotion of the public health and welfare,	130674
and determining whether or not special assessments are to be	130675
levied and collected to pay any part of the cost of the	130676
improvement.	130677

(B) If special assessments are not to be levied and collected	130678
to pay any part of the cost of the improvement, the board, in the	130679
resolution provided for in division (A) of this section or in a	130680
subsequent resolution, including a resolution authorizing the	130681
issuance or incurrence of public obligations for the improvement,	130682
may authorize the improvement and the expenditure of the funds	130683
required for its acquisition or construction and may proceed with	130684
the improvement without regard to the procedures otherwise	130685
required by divisions (C), (D), and (E) of this section and by	130686
sections 6117.07 to 6117.24 of the Revised Code. Those procedures	130687
are required only for improvements for which special assessments	130688
are to be levied and collected.	130689

(C) If special assessments are to be levied and collected	130690
pursuant to a determination made in the resolution provided for in	130691
division (A) of this section or in a subsequent resolution, the	130692
procedures referred to in division (B) of this section as being	130693
required for that purpose shall apply, and the board may have the	130694
county sanitary engineer prepare, or otherwise cause to be	130695
prepared, detailed plans, specifications, and an estimate of cost	130696
for the improvement, together with a tentative assessment of the	130697
cost based on the estimate. The tentative assessment shall be for	130698
the information of property owners and shall not be levied or	130699
certified to the county auditor for collection. The detailed	130700
plans, specifications, estimate of cost, and tentative assessment,	130701
if approved by the board, shall be carefully preserved in the	130702
office of the board or the county sanitary engineer and shall be	130703
open to the inspection of all persons interested in the	130704
improvement.	130705

(D) After the board's approval of the detailed plans,	130706
specifications, estimate of cost, and tentative assessment, and at	130707
least twenty-four days before adopting a resolution pursuant to	130708
division (E) of this section, the board, except to the extent that	130709
appropriate waivers of notice are obtained from affected owners,	130710
shall cause to be sent a notice of its intent to adopt the	130711
resolution to each owner of property proposed to be assessed that	130712
is listed on the records of the county auditor for current	130713
agricultural use value taxation pursuant to section 5713.31 of the	130714
Revised Code and that is not located in an agricultural district	130715
established under section 929.02 of the Revised Code. The notice	130716
shall satisfy all of the following:	130717

(1) Be sent by first class or certified mail;

130718

(2) Specify the proposed date of the adoption of the	130719
resolution;	130720

(3) Contain a statement that the improvement will be financed	130721
in whole or in part by special assessments and that all properties	130722
not located in an agricultural district established pursuant to	130723
section 929.02 of the Revised Code may be subject to a special	130724
assessment;	130725

(4) Contain a statement that an agricultural district may be	130726
established by filing an application with the county auditor.	130727

If it appears, by the return of the mailed notices or by	130728
other means, that one or more of the affected owners cannot be	130729
found or are not served by the mailed notice, the board shall	130730
cause the notice to be published once in a newspaper of general	130731
circulation in the county not later than ten days before the	130732
adoption of the resolution.	130733

(E) After complying with divisions (A), (C), and (D) of this	130734
section, the board may adopt a resolution declaring that the	130735
improvement, which shall be described as to its nature and its	130736
location, route, and termini, is necessary for the preservation	130737
and promotion of the public health and welfare, referring to the	130738
plans, specifications, estimate of cost, and tentative assessment,	130739
stating the place where they are on file and may be examined, and	130740
providing that the entire cost or a lesser designated part of the	130741
cost will be specially assessed against the benefited properties	130742
within the district and that any balance will be paid by the	130743
county at large from other available funds. The resolution also	130744
shall contain a description of the boundaries of that part of the	130745
district to be assessed and shall designate a time and place for	130746
objections to the improvement, to the tentative assessment, or to	130747
the boundaries of the assessment district to be heard by the	130748
board. The date of that hearing shall be not less than twenty-four	130749
days after the date of the first publication of the notice of the	130750
hearing required by this division.	130751

The board shall cause a notice of the hearing to be published	130752
once a week for two consecutive weeks in a newspaper of general	130753
circulation in the county~~, and on~~or as provided in section 7.16	130754
of the Revised Code. On or before the date of the second	130755
publication, itthe board shall cause to be sent by first class or	130756
certified mail a copy of the notice to every owner of property to	130757
be assessed for the improvement whose address is known.	130758

The notice shall set forth the time and place of the hearing,	130759
a summary description of the proposed improvement, including its	130760
general route and termini, a summary description of the area	130761
constituting the assessment district, and the place where the	130762
plans, specifications, estimate of cost, and tentative assessment	130763
are on file and may be examined. Each mailed notice also shall	130764
include a statement that the property of the addressee will be	130765
assessed for the improvement. The notice also shall be sent by	130766
first class or certified mail, on or before the date of the second	130767
publication, to the clerk, or to the official discharging the	130768
duties of a clerk, of any municipal corporation any part of which	130769
lies within the assessment district and shall state whether or not	130770
any property belonging to the municipal corporation is to be	130771
assessed and, if so, shall identify that property.	130772

At the hearing, or at any adjournment of the hearing, of	130773
which no further published or mailed notice need be given, the	130774
board shall hear all parties whose properties are proposed to be	130775
assessed. Written objections to or endorsements of the proposed	130776
improvement, its character and termini, the boundaries of the	130777
assessment district, or the tentative assessment shall be received	130778
by the board for a period of five days after the completion of the	130779
hearing, and no action shall be taken by the board in the matter	130780
until after that period has elapsed. The minutes of the hearing	130781
shall be entered on the journal of the board, showing the persons	130782
who appear in person or by attorney, and all written objections	130783
shall be preserved and filed in the office of the board.	130784

Sec. 6117.07. After the expiration of the period of five	130785
days provided for in section 6117.06 of the Revised Code for the	130786
filing of written objections, the board of county commissioners	130787
shall determine whether or not it will proceed with the	130788
construction of the improvement mentioned in such section. Notice	130789
of the time and place of each meeting of the board of county	130790
commissioners, at which the resolution to proceed with the	130791
construction of such improvement will be considered, shall be	130792
given in writing to all persons who filed written objections as	130793
provided in section 6117.06 of the Revised Code. Such notice shall	130794
contain the following language in addition to the time and place	130795
of the meeting of the board: "any person, firm, or corporation	130796
desiring to appeal from the final order or judgment of the board	130797
upon any of the questions mentioned in section 6117.09 of the	130798
Revised Code shall, on or before the date of the passage of the	130799
improvement resolution, give notice in writing of an intention to	130800
appeal, specifying therein the matters to be appealed from." If it	130801
decides to proceed therewith, the board shall ratify or amend the	130802
plans for the improvement and the character and termini thereof,	130803
the boundaries of the assessment district, and the tentative	130804
assessment, and may cause such revision of plans, boundaries, or	130805
assessments as the board considers necessary to be made by the	130806
county sanitary engineer. If the boundaries of the assessment	130807
district are amended so as to include any property not included	130808
within the boundaries as established by the resolution of	130809
necessity provided for in section 6117.06 of the Revised Code, the	130810
owners of all such property shall be notified by mail if their	130811
addresses are known, and notice shall be published once a week for	130812
two consecutive weeks in a newspaper of general circulation within	130813
the county or as provided in section 7.16 of the Revised Code that	130814
such amendments have been adopted and that a hearing will be given	130815
by the board at a time and place stated in such notice, at which	130816
all persons interested will be heard by the board. The date of	130817
such hearing shall be not less than twenty-four days after the	130818
first publication of such notice, and the hearing shall be	130819
conducted and records kept in the same manner as the first	130820
hearing. Five days shall be allowed for the filing of written	130821
objections as provided in such section for the first hearing.	130822

After the expiration of such five day period, the board shall	130823
ratify the plans for the improvement and the character and termini	130824
thereof, the boundaries of the assessment district, and the	130825
tentative assessment, or shall further amend the same. If the	130826
boundaries of the assessment district are amended so as to include	130827
any property not included in the assessment district as originally	130828
established or previously amended, further notice and hearing	130829
shall be given to the owners of such property in the same manner	130830
as for the first amendment of such boundaries, and the same	130831
procedure shall be repeated until all property owners affected	130832
have been given an opportunity to be heard. If the owners of all	130833
property added to an assessment district by amendment of the	130834
original boundaries thereof waive objection to such amendment in	130835
writing, no further notice or hearing shall be given.	130836

After the board has ratified the plans for the improvement	130837
and the character and termini thereof, the boundaries of the	130838
assessment district, and the tentative assessment, either as	130839
originally presented or as amended, and if it decides to proceed	130840
therewith, the board shall adopt a resolution to be known as the	130841
improvement resolution. Said improvement resolution shall declare	130842
the determination of such board to proceed with the construction	130843
of the improvement provided for in the resolution of necessity, in	130844
accordance with the plans and specifications provided for such	130845
improvement as ratified or amended, and whether bonds or	130846
certificates of indebtedness shall be issued in anticipation of	130847
the collection of special assessments, as provided in section	130848
6117.08 to 6117.45, inclusive, of the Revised Code, or that money	130849
in the county treasury unappropriated for any other purpose shall	130850
be appropriated to pay for said improvement.	130851

Sec. 6117.251. (A) After the establishment of any county	130852
sewer district, the board of county commissioners may determine by	130853
resolution that it is necessary to provide sanitary or drainage	130854
facility improvements or prevention or replacement facility	130855
improvements and to maintain and operate the improvements within	130856
the district or a designated portion of the district, that the	130857
improvements, which shall be generally described in the	130858
resolution, shall be constructed, that funds are required to pay	130859
the preliminary costs of the improvements to be incurred prior to	130860
the commencement of the proceedings for their construction, and	130861
that those funds shall be provided in accordance with this	130862
section.	130863

(B) Prior to the adoption of the resolution, the board shall	130864
give notice of its pendency and of the proposed determination of	130865
the necessity of the improvements generally described in the	130866
resolution. The notice shall set forth a description of the	130867
properties to be benefited by the improvements and the time and	130868
place of a hearing of objections to and endorsements of the	130869
improvements. The notice shall be given ~~either~~ by publication in a	130870
newspaper of general circulation in the county once a week for two	130871
consecutive weeks, orby publication as provided in section 7.16	130872
of the Revised Code, by mailing a copy of the notice by first	130873
class or certified mail to the owners of the properties proposed	130874
to be assessed at their respective tax mailing addresses, or by	130875
~~both~~a combination of these manners, the first publication to be	130876
made or the mailing to occur at least two weeks prior to the date	130877
set for the hearing. At the hearing, or at any adjournment of the	130878
hearing, of which no further published or mailed notice need be	130879
given, the board shall hear all persons whose properties are	130880
proposed to be assessed and the evidence it considers to be	130881
necessary. The board then shall determine the necessity of the	130882
proposed improvements and whether the improvements shall be made	130883
by the board and, if they are to be made, shall direct the	130884
preparation of tentative assessments upon the benefited properties	130885
and by whom they shall be prepared.	130886

(C) In order to obtain funds for the preparation of a general	130887
or revised general plan of sewerage or drainage for the district	130888
or part of the district, for the preparation of the detailed	130889
plans, specifications, estimate of cost, and tentative assessment	130890
for the proposed improvements, and for the cost of financing and	130891
legal services incident to the preparation of all of those plans	130892
and a plan of financing the proposed improvements, the board may	130893
levy upon the properties to be benefited in the district a	130894
preliminary assessment apportioned according to benefits or to tax	130895
valuation or partly by one method and partly by the other method	130896
as the board may determine. The assessments shall be in the amount	130897
determined to be necessary to obtain funds for the general and	130898
detailed plans and the cost of financing and legal services and	130899
shall be payable in the number of years that the board shall	130900
determine, not to exceed twenty years, together with interest on	130901
any public obligations that may be issued or incurred in	130902
anticipation of the collection of the assessments.	130903

(D) The board shall have power at any time to levy additional	130904
assessments according to benefits or to tax valuation or partly by	130905
one method and partly by the other method as the board may	130906
determine for the purposes described in division (C) of this	130907
section upon the benefited properties to complete the payment of	130908
the costs described in division (C) of this section or to pay the	130909
cost of any additional plans, specifications, estimate of cost, or	130910
tentative assessment and the cost of financing and legal services	130911
incident to the preparation of those plans and the plan of	130912
financing, which additional assessments shall be payable in the	130913
number of years that the board shall determine, not to exceed	130914
twenty years, together with interest on any public obligations	130915
that may be issued or incurred in anticipation of the collection	130916
of the additional assessments.	130917

(E) Prior to the adoption of a resolution levying assessments	130918
under this section, the board shall give notice either by one	130919
publication in a newspaper of general circulation in the county,	130920
or by mailing a copy of the notice by first class or certified	130921
mail to the owners of the properties proposed to be assessed at	130922
their respective tax mailing addresses, or by both manners, the	130923
publication to be made or the mailing to occur at least ten days	130924
prior to the date of the meeting at which the resolution shall be	130925
taken up for consideration; that notice shall state the time and	130926
place of the meeting at which the resolution is to be considered.	130927
At the time and place of the meeting, or at any adjournment of the	130928
meeting, of which no further published or mailed notice need be	130929
given, the board shall hear all persons whose properties are	130930
proposed to be assessed, shall correct any errors and make any	130931
revisions that appear to be necessary or just, and then may adopt	130932
a resolution levying upon the properties determined to be	130933
benefited the assessments as so corrected and revised.	130934

The assessments levied by the resolution shall be certified	130935
to the county auditor for collection in the same manner as taxes	130936
in the year or years in which they are payable.	130937

(F) Upon the adoption of the resolution described in division	130938
(E) of this section, no further action shall be taken or work done	130939
until ten days have elapsed. If, at the expiration of that period,	130940
no appeal has been effected by any property owner as provided in	130941
this division, the action of the board shall be final. If, at the	130942
end of that ten days, any owner of property to be assessed for the	130943
improvements has effected an appeal, no further action shall be	130944
taken and no work done in connection with the improvements under	130945
the resolution until the matters appealed from have been disposed	130946
of in court.	130947

Any owner of property to be assessed may appeal as provided	130948
and upon the grounds stated in sections 6117.09 to 6117.24 of the	130949
Revised Code.	130950

If no appeal has been perfected or if on appeal the	130951
resolution of the board is sustained, the board may authorize and	130952
enter into contracts to carry out the purposes for which the	130953
assessments have been levied without the prior issuance of notes,	130954
provided that the payments under those contracts do not fall due	130955
prior to the time by which the assessments are to be collected.	130956
The board may issue and sell bonds with a maximum maturity of	130957
twenty years in anticipation of the collection of the assessments	130958
and may issue notes in anticipation of the issuance of the bonds,	130959
which notes and bonds, as public obligations, shall be issued and	130960
sold as provided in Chapter 133. of the Revised Code.	130961

Sec. 6117.49. (A) If the board of county commissioners	130962
determines by resolution that the best interests of the county and	130963
those served by the sanitary or drainage facilities or the	130964
prevention or replacement facilities of a county sewer district so	130965
require, the board may sell or otherwise dispose of the facilities	130966
to another public agency or a person. The resolution declaring the	130967
necessity of that disposition shall recite the reasons for the	130968
sale or other disposition and shall establish any conditions or	130969
terms that the board may impose, including, but not limited to, a	130970
minimum sales price if a sale is proposed, a requirement for the	130971
submission by bidders of the schedule of rates and charges	130972
initially proposed to be paid for the services of the facilities,	130973
and other pertinent conditions or terms relating to the sale or	130974
other disposition. The resolution also shall designate a time and	130975
place for the hearing of objections to the sale or other	130976
disposition by the board. Notice of the adoption of the resolution	130977
and the time and place of the hearing shall be published as	130978
provided in section 7.16 of the Revised Code or once a week for	130979
two consecutive weeks, in a newspaper of general circulation in	130980
the sewer district and in the county. The public hearing on the	130981
sale or other disposition shall be held not less than twenty-four	130982
days following the date of first publication of the notice. A copy	130983
of the notice also shall be sent by first class or certified mail,	130984
on or before the date of the second publication, to any public	130985
agency within the area served by the facilities. At the public	130986
hearing, or at any adjournment of it, of which no further	130987
published or mailed notice need be given, the board shall hear all	130988
interested parties. A period of five days shall be given following	130989
the completion of the hearing for the filing of written objections	130990
by any interested persons or public agencies to the sale or other	130991
disposition, after which the board shall consider any objections	130992
and by resolution determine whether or not to proceed with the	130993
sale or other disposition. If the board determines to proceed with	130994
the sale or other disposition, it shall receive bids after	130995
advertising once a week for four consecutive weeks or as provided	130996
in section 7.16 of the Revised Code, in a newspaper of general	130997
circulation in the county and, subject to the right of the board	130998
to reject any or all bids, may make an award to a responsible	130999
bidder whose proposal is determined by the board to be in the best	131000
interests of the county and those served by the facilities.	131001

(B) A conveyance of sanitary or drainage facilities or of	131002
prevention or replacement facilities by a county to a municipal	131003
corporation in accordance with division (B) of section 6117.05 of	131004
the Revised Code may be made without regard to division (A) of	131005
this section.	131006

Sec. 6119.061. (A) Whenever any portion of a regional water	131007
and sewer district is incorporated as, or annexed to, a municipal	131008
corporation, the area so incorporated or annexed shall remain	131009
under the jurisdiction of the district for purposes of the	131010
acquisition, construction, or operation of a water resource	131011
project until the water resource project has been acquired or	131012
completed or until the project is abandoned by the district. The	131013
board of trustees of the district, unless and until a conveyance	131014
is made to a municipal corporation in accordance with division (B)	131015
of this section, shall continue to have jurisdiction in the area	131016
so incorporated or annexed with respect to the management,	131017
maintenance, and operation of all water resource projects so	131018
acquired or completed or previously acquired or completed,	131019
including the right to establish rules and rates and charges for	131020
the use of, and connections to, the projects. The incorporation or	131021
annexation of any part of a district shall not affect the legality	131022
or enforceability of any public obligations issued or incurred by	131023
the district for purposes of this chapter to provide for the	131024
payment of the cost of acquisition, construction, maintenance, or	131025
operation of any water resource project or the validity of any	131026
assessments levied or to be levied on properties within the area	131027
to provide for the payment of the cost of acquisition,	131028
construction, maintenance, or operation of the project.	131029

(B) The board of trustees of a regional water and sewer	131030
district may convey, by mutual agreement, to a municipal	131031
corporation any completed water resource project acquired or	131032
constructed under this chapter for the use of, or service of	131033
property located in, the regional water and sewer district, or any	131034
part of that project to which any of the following applies:	131035

(1) The project is located within the municipal corporation	131036
or within any area that is incorporated as, or annexed to, the	131037
municipal corporation.	131038

(2) The project serves the municipal corporation or any area	131039
that is located within or that is incorporated as, or annexed to,	131040
the municipal corporation.	131041

(3) The project is connected to water supply or sanitary,	131042
drainage, prevention, or replacement facilities of the municipal	131043
corporation.	131044

The conveyance shall be completed with terms and for	131045
consideration as may be negotiated. Upon and after the conveyance,	131046
the municipal corporation shall manage, maintain, and operate the	131047
water resource project in accordance with the agreement. The board	131048
of trustees may retain the right to the joint use of all or part	131049
of any project so conveyed for the benefit of the district.	131050
Neither the validity of any assessment levied or to be levied, nor	131051
the legality or enforceability of any public obligations issued or	131052
incurred, to provide for the payment of the cost of the	131053
acquisition, construction, maintenance, or operation of the	131054
project or any part of the project shall be affected by the	131055
conveyance.	131056

Sec. 6119.10. The board of trustees of a regional water and	131057
sewer district or any officer or employee designated by the board	131058
may make any contract for the purchase of supplies or material or	131059
for labor for any work, under the supervision of the board, the	131060
cost of which shall not exceed twenty-five thousand dollars. When	131061
an expenditure, other than for the acquisition of real estate and	131062
interests in real estate, the discharge of noncontractual claims,	131063
personal services, the joint use of facilities or the exercise of	131064
powers with other political subdivisions, or the product or	131065
services of public utilities, exceeds twenty-five thousand	131066
dollars, the expenditures shall be made only after a notice	131067
calling for bids has been published ~~not less than~~ two consecutive	131068
weeks in ~~at least~~ one newspaper ~~having a~~of general circulation	131069
within the district or as provided in section 7.16 of the Revised	131070
Code. If the bids are for a contract for the construction,	131071
demolition, alteration, repair, or reconstruction of an	131072
improvement, the board may let the contract to the lowest and best	131073
bidder who meets the requirements of section 153.54 of the Revised	131074
Code. If the bids are for a contract for any other work relating	131075
to the improvements for which a regional water and sewer district	131076
was established, the board of trustees of the regional water and	131077
sewer district may let the contract to the lowest or best bidder	131078
who gives a good and approved bond with ample security conditioned	131079
on the carrying out of the contract. The contract shall be in	131080
writing and shall be accompanied by or shall refer to plans and	131081
specifications for the work to be done, approved by the board. The	131082
plans and specifications shall at all times be made and considered	131083
part of the contract. The contract shall be approved by the board	131084
and signed by its president or other duly authorized officer and	131085
by the contractor. In case of a real and present emergency, the	131086
board of trustees of the district, by two-thirds vote of all	131087
members, may authorize the president or other duly authorized	131088
officer to enter into a contract for work to be done or for the	131089
purchase of supplies or materials without formal bidding or	131090
advertising. All contracts shall have attached the certificate	131091
required by section 5705.41 of the Revised Code duly executed by	131092
the secretary of the board of trustees of the district. The	131093
district may make improvements by force account or direct labor,	131094
provided that, if the estimated cost of supplies or material for	131095
any such improvement exceeds twenty-five thousand dollars, bids	131096
shall be received as provided in this section. For the purposes of	131097
the competitive bidding requirements of this section, the board	131098
shall not sever a contract for supplies or materials and labor	131099
into separate contracts for labor, supplies, or materials if the	131100
contracts are in fact a part of a single contract required to be	131101
bid competitively under this section.	131102

Sec. 6119.18. The board of trustees of a regional water and	131103
sewer district, by a vote of two-thirds of all its members, may	131104
declare by resolution that it is necessary to levy a tax in excess	131105
of the ten-mill limitation for the purpose of providing funds to	131106
pay current expenses of the district or for the purpose of paying	131107
any portion of the cost of one or more water resource projects or	131108
parts thereof or for both of such purposes, and that the question	131109
of such tax levy shall be submitted to the electors of the	131110
district at a general or primary election. Such resolution shall	131111
conform to the requirements of section 5705.19 of the Revised	131112
Code, except as otherwise permitted by this section and except	131113
that such levy may be for a period not longer than ten years. The	131114
resolution shall go into immediate effect upon its passage and no	131115
publication of the resolution is necessary other than that	131116
provided for in the notice of election. A copy of such resolution	131117
shall, immediately after its passage, be certified to the board of	131118
elections of the proper county or counties in the manner provided	131119
by section 5705.25 of the Revised Code, and such section shall	131120
govern the arrangements for the submission of such question and	131121
other matters with respect to such election to which such section	131122
refers. Publication of the notice of that election shall be made	131123
in one ~~or more newspapers having a~~newspaper of general	131124
circulation in the district once a week for two consecutive weeks	131125
prior to the election, ~~and, if~~or as provided in section 7.16 of	131126
the Revised Code. If the board of elections operates and maintains	131127
a web site, the board of elections shall post notice of the	131128
election on its web site for thirty days prior to the election.	131129

If a majority of the electors voting on the question vote in	131130
favor thereof, the board may make the necessary levy within the	131131
district at the additional rate or at any lesser rate on the tax	131132
list and duplicate for the purpose or purposes stated in the	131133
resolution.	131134

The taxes realized from such levy shall be collected at the	131135
same time and in the same manner as other taxes on such tax list	131136
and duplicate and such taxes, when collected, shall be paid to the	131137
district and deposited by it in a special fund which shall be	131138
established by the district for all revenues derived from such	131139
levy and for the proceeds of anticipation notes which shall be	131140
deposited in such fund.	131141

After the approval of such levy, the district may anticipate	131142
a fraction of the proceeds of such levy and, from time to time,	131143
during the life of such levy, issue anticipation notes in an	131144
amount not exceeding fifty per cent of the estimated proceeds of	131145
such levy to be collected in each year up to a period of five	131146
years after the date of issuance of such notes, less an amount	131147
equal to the proceeds of such levy previously obligated for each	131148
year by the issuance of anticipation notes, provided that the	131149
total amount maturing in any one year shall not exceed fifty per	131150
cent of the anticipated proceeds of such levy for that year. Each	131151
issue of notes shall be sold as provided in Chapter 133. of the	131152
Revised Code, and shall, except for such limitation that the total	131153
amount of such notes maturing in any one year shall not exceed	131154
fifty per cent of the anticipated proceeds of such levy for that	131155
year, mature serially in substantially equal installments during	131156
each year over a period not to exceed five years after their	131157
issuance.	131158

Sec. 6119.22. When a plan of sewerage devised in accordance	131159
with section 6119.19 of the Revised Code has been prepared, the	131160
board of trustees of the regional water and sewer district shall	131161
give at least ten days' notice in one newspaper of general	131162
circulation in such area or give notice as provided in section	131163
7.16 of the Revised Code, stating that such plans have been	131164
prepared and are filed in the office of the secretary of the board	131165
for examination and inspection by the parties interested.	131166

Any objection to such plan shall then be made to the board	131167
and it may amend or correct such plan, and shall thereupon file it	131168
as amended, or if no amendments are made, it shall file the	131169
original plan in the office of the secretary.	131170

Sec. 6119.25. When the board of trustees of a regional water	131171
and sewer district deems it necessary to construct all or a part	131172
of the sewers provided for in the plan devised in accordance with	131173
section 6119.19 of the Revised Code, the board shall declare by	131174
resolution the necessity thereof. Such resolution shall contain a	131175
declaration of the necessity of such improvement, a statement of	131176
the districts, areas, or parts thereof proposed to be constructed,	131177
the character of the materials to be used, a reference to the	131178
plans and specifications, where they are on file, and the mode of	131179
payment therefor, and shall publish the resolution once a week for	131180
not less than two nor more than four consecutive weeks in one	131181
newspaper of general circulation in the area or as provided in	131182
section 7.16 of the Revised Code.	131183

Sec. 6119.58. In order to obtain funds for the preparation	131184
of plans, specifications, estimates of cost, tentative	131185
assessments, and a plan of financing for any water resource	131186
project or part thereof, the board of trustees of a regional water	131187
and sewer district may levy upon the property in such district to	131188
be benefited by such project assessments apportioned in accordance	131189
with one or more of the methods set forth in section 6119.42 of	131190
the Revised Code. The aggregate of such assessments shall not	131191
exceed the amount determined by the board of trustees to be	131192
necessary for such purpose, including costs of financing, legal	131193
services, and other incidental costs, and shall be payable in such	131194
number of annual installments, not less than one, as the board of	131195
trustees prescribes, together with interest on any water resource	131196
revenue notes and bonds which may be issued in anticipation of the	131197
collection of such assessments.	131198

If the board of trustees proposes to obtain funds in	131199
accordance with this section, it shall determine by resolution	131200
that it is necessary to construct the water resource project and	131201
to maintain and operate the same on behalf of the district.	131202

Prior to the adoption of the resolution making such	131203
determination, the board of trustees shall give notice of the	131204
pendency thereof and of the proposed determination of the	131205
necessity of the construction of such project therein generally	131206
described, and such notice shall set forth a description of the	131207
properties to be benefited by such project and the time and place	131208
of a hearing of objections to, and endorsements of, such project.	131209
Such notice shall be given by publication in ~~at least~~ one	131210
newspaper ~~having a~~of general circulation in the district once a	131211
week for two consecutive weeks or as provided in section 7.16 of	131212
the Revised Code, the first publication to be at least two weeks	131213
prior to the date set for the hearing, provided that the board of	131214
trustees may give, or cause to be given, such alternative or	131215
further notice of such hearing as it finds to be necessary or	131216
appropriate. At such hearing, or at any adjournment thereof, of	131217
which no further notice need be given, the board of trustees shall	131218
hear all owners whose properties are proposed to be assessed and	131219
such other evidence as is considered to be necessary, and may then	131220
adopt its resolution determining that the proposed project is	131221
necessary and should be undertaken by the district. In such	131222
resolution, the board of trustees shall direct the preparation of	131223
the estimated assessments upon the benefited properties and by	131224
whom they shall be prepared.	131225

After such assessments have been prepared and filed in the	131226
office of the secretary of the board of trustees and prior to the	131227
adoption of the resolution levying such assessments, the board of	131228
trustees shall give notice of the pendency of such resolution and	131229
of the proposed determination to levy such assessments, and such	131230
notice shall set forth the time and place of a hearing of	131231
objections to such assessments. Such notice shall be given by	131232
publication once in ~~at least~~ one newspaper ~~having a~~of general	131233
circulation in the district, such publication to be made at least	131234
ten days prior to the date set for the hearing, provided that the	131235
board of trustees may give or cause to be given, such alternative	131236
of further notice of such hearing as it finds to be necessary or	131237
appropriate. At such hearing, or at any adjournment thereof, of	131238
which no further notice need be given, the board of trustees shall	131239
hear all persons whose properties are proposed to be assessed,	131240
shall correct any errors and make any revisions in the estimated	131241
assessments that appear to be necessary or just, and may then	131242
adopt a resolution levying upon the properties determined to be	131243
benefited the assessments as originally prepared or as so	131244
corrected and revised.	131245

The board of trustees shall have the power at any time to	131246
levy additional assessments upon such properties to complete the	131247
payment of the costs for which the original assessments were	131248
levied or to provide funds for any additional plans,	131249
specifications, estimates of cost, tentative assessments, and	131250
other incidental costs, provided that the board shall first have	131251
held a hearing on objections to such additional assessments in the	131252
same manner as required by this section with respect to such	131253
original assessments. Such additional assessments shall be payable	131254
in such number of annual installments, not less than one, as the	131255
board of trustees prescribes, together with interest on any water	131256
resource revenue notes and bonds which may be issued in	131257
anticipation of the collection of such assessments.	131258

The board of trustees may authorize contracts to carry out	131259
the purposes for which such assessments have been levied without	131260
the prior issuance of water resource revenue notes and bonds,	131261
provided that the payments to be made by the district do not fall	131262
due prior to the times when such assessments shall be collected.	131263

Section 101.02. That existing sections 7.10, 7.11, 7.12,	131264
9.06, 9.231, 9.24, 9.33, 9.331, 9.332, 9.333, 9.82, 9.823, 9.833,	131265
9.90, 9.901, 101.532, 101.82, 102.02, 105.41, 107.09, 109.36,	131266
109.43, 109.57, 109.572, 109.64, 109.71, 109.801, 111.12, 111.16,	131267
111.18, 117.101, 117.13, 118.023, 118.04, 118.05, 118.06, 118.12,	131268
118.17, 118.99, 119.032, 120.40, 121.03, 121.04, 121.22, 121.37,	131269
121.40, 121.401, 121.402, 121.403, 121.404, 122.121, 122.171,	131270
122.76, 122.861, 123.01, 123.011, 123.10, 124.09, 124.23, 124.231,	131271
124.24, 124.25, 124.26, 124.27, 124.31, 124.34, 124.393, 124.85,	131272
125.021, 125.15, 125.18, 125.28, 125.89, 126.11, 126.12, 126.21,	131273
126.24, 126.45, 126.46, 126.50, 127.14, 127.16, 131.02, 131.23,	131274
131.44, 131.51, 133.01, 133.06, 133.09, 133.18, 133.20, 133.55,	131275
135.05, 135.61, 135.65, 135.66, 145.27, 145.56, 149.01, 149.091,	131276
149.11, 149.311, 149.351, 149.38, 149.39, 149.41, 149.411,	131277
149.412, 149.42, 149.43, 153.01, 153.02, 153.03, 153.07, 153.08,	131278
153.50, 153.51, 153.52, 153.54, 153.56, 153.581, 153.65, 153.66,	131279
153.67, 153.69, 153.70, 153.71, 153.80, 154.02, 154.07, 154.11,	131280
166.02, 173.14, 173.21, 173.26, 173.35, 173.351, 173.36, 173.391,	131281
173.40, 173.401, 173.403, 173.404, 173.42, 173.45, 173.46, 173.47,	131282
173.48, 173.501, 183.30, 183.51, 185.01, 185.03, 185.06, 185.10,	131283
187.01, 187.02, 187.03, 187.09, 301.02, 301.15, 301.28, 305.171,	131284
306.35, 306.43, 306.70, 307.022, 307.041, 307.10, 307.12, 307.676,	131285
307.70, 307.79, 307.791, 307.80, 307.801, 307.802, 307.803,	131286
307.806, 307.81, 307.82, 307.83, 307.84, 307.842, 307.843,	131287
307.846, 307.86, 308.13, 311.29, 311.31, 317.20, 319.11, 319.301,	131288
319.54, 321.18, 321.261, 322.02, 322.021, 323.08, 323.73, 323.75,	131289
324.02, 324.021, 325.20, 340.02, 340.03, 340.05, 340.091, 340.11,	131290
341.192, 343.08, 345.03, 349.03, 501.07, 503.05, 503.162, 503.41,	131291
504.02, 504.03, 504.12, 504.16, 504.21, 505.101, 505.105, 505.106,	131292
505.107, 505.108, 505.109, 505.17, 505.172, 505.24, 505.264,	131293
505.267, 505.28, 505.373, 505.43, 505.48, 505.481, 505.482,	131294
505.49, 505.491, 505.492, 505.493, 505.494, 505.495, 505.50,	131295
505.51, 505.511, 505.52, 505.53, 505.54, 505.541, 505.55, 505.60,	131296
505.601, 505.603, 505.61, 505.67, 505.73, 507.09, 509.15, 511.01,	131297
511.12, 511.23, 511.235, 511.236, 511.25, 511.28, 511.34, 513.14,	131298
515.01, 515.04, 515.07, 517.06, 517.12, 517.22, 521.03, 521.05,	131299
705.16, 709.43, 709.44, 711.35, 715.011, 715.47, 718.01, 718.09,	131300
718.10, 719.012, 719.05, 721.03, 721.15, 721.20, 723.07, 727.011,	131301
727.012, 727.08, 727.14, 727.46, 729.08, 729.11, 731.14, 731.141,	131302
731.20, 731.21, 731.211, 731.22, 731.23, 731.24, 731.25, 735.05,	131303
735.20, 737.022, 737.04, 737.041, 737.32, 737.40, 742.41, 745.07,	131304
747.05, 747.11, 747.12, 755.16, 755.29, 755.41, 755.42, 755.43,	131305
759.47, 901.09, 924.52, 927.69, 951.11, 955.011, 955.012,	131306
1309.528, 1327.46, 1327.50, 1327.51, 1327.511, 1327.54, 1327.57,	131307
1327.62, 1327.99, 1329.04, 1329.42, 1332.24, 1345.52, 1345.73,	131308
1501.01, 1501.022, 1501.40, 1503.05, 1503.141, 1505.01, 1505.04,	131309
1505.06, 1505.09, 1505.11, 1505.99, 1506.21, 1509.01, 1509.02,	131310
1509.021, 1509.03, 1509.04, 1509.041, 1509.05, 1509.06, 1509.061,	131311
1509.062, 1509.07, 1509.071, 1509.072, 1509.073, 1509.08, 1509.09,	131312
1509.10, 1509.11, 1509.12, 1509.13, 1509.14, 1509.15, 1509.17,	131313
1509.181, 1509.19, 1509.21, 1509.22, 1509.221, 1509.222, 1509.223,	131314
1509.224, 1509.225, 1509.226, 1509.23, 1509.24, 1509.25, 1509.26,	131315
1509.27, 1509.28, 1509.29, 1509.31, 1509.32, 1509.33, 1509.34,	131316
1509.36, 1509.38, 1509.40, 1509.50, 1510.01, 1510.08, 1515.08,	131317
1515.14, 1515.24, 1517.02, 1517.03, 1531.04, 1533.10, 1533.11,	131318
1533.111, 1533.32, 1533.731, 1533.83, 1541.03, 1541.05, 1545.071,	131319
1545.09, 1545.12, 1545.131, 1545.132, 1547.01, 1547.30, 1547.301,	131320
1547.302, 1547.303, 1547.304, 1551.311, 1551.32, 1551.33, 1551.35,	131321
1555.02, 1555.03, 1555.04, 1555.05, 1555.06, 1555.08, 1555.17,	131322
1561.06, 1561.12, 1561.13, 1561.35, 1561.49, 1563.06, 1563.24,	131323
1563.28, 1571.01, 1571.02, 1571.03, 1571.04, 1571.05, 1571.06,	131324
1571.08, 1571.09, 1571.10, 1571.11, 1571.14, 1571.16, 1571.18,	131325
1571.99, 1701.07, 1702.01, 1702.59, 1703.031, 1703.07, 1705.01,	131326
1707.11, 1707.17, 1711.05, 1711.07, 1711.18, 1711.30, 1728.06,	131327
1728.07, 1751.01, 1751.04, 1751.11, 1751.111, 1751.12, 1751.13,	131328
1751.15, 1751.17, 1751.20, 1751.31, 1751.34, 1751.60, 1761.04,	131329
1776.83, 1785.06, 1901.02, 1901.06, 1901.261, 1901.262, 1901.41,	131330
1907.13, 1907.261, 1907.262, 1907.53, 2105.09, 2117.25, 2151.011,	131331
2151.3515, 2151.412, 2151.421, 2151.424, 2151.541, 2152.72,	131332
2301.01, 2301.031, 2303.201, 2305.232, 2317.02, 2317.422, 2329.26,	131333
2335.05, 2335.06, 2501.02, 2503.01, 2744.05, 2901.01, 2903.33,	131334
2917.40, 2919.271, 2929.71, 2935.01, 2935.03, 2945.371, 2945.38,	131335
2945.39, 2945.40, 2945.401, 2945.402, 2949.14, 2981.11, 2981.12,	131336
2981.13, 3109.16, 3111.04, 3113.06, 3119.54, 3121.48, 3123.44,	131337
3123.45, 3123.55, 3123.56, 3123.58, 3123.59, 3123.63, 3301.07,	131338
3301.071, 3301.079, 3301.0710, 3301.0711, 3301.0712, 3301.0714,	131339
3301.16, 3301.162, 3301.70, 3301.921, 3302.02, 3302.031, 3302.032,	131340
3302.04, 3302.05, 3302.07, 3304.181, 3304.182, 3305.08, 3306.12,	131341
3307.20, 3307.31, 3307.41, 3307.64, 3309.22, 3309.41, 3309.48,	131342
3309.51, 3309.66, 3310.02, 3310.03, 3310.05, 3310.08, 3310.41,	131343
3311.05, 3311.054, 3311.056, 3311.06, 3311.19, 3311.21, 3311.213,	131344
3311.214, 3311.29, 3311.50, 3311.52, 3311.53, 3311.73, 3311.76,	131345
3313.29, 3313.372, 3313.41, 3313.46, 3313.482, 3313.533, 3313.55,	131346
3313.603, 3313.61, 3313.611, 3313.612, 3313.614, 3313.64,	131347
3313.642, 3313.6410, 3313.65, 3313.75, 3313.816, 3313.842,	131348
3313.843, 3313.845, 3313.911, 3313.97, 3313.975, 3313.978,	131349
3313.981, 3314.012, 3314.013, 3314.015, 3314.02, 3314.021,	131350
3314.023, 3314.03, 3314.05, 3314.051, 3314.07, 3314.08, 3314.087,	131351
3314.088, 3314.091, 3314.10, 3314.13, 3314.19, 3314.20, 3314.22,	131352
3314.35, 3314.36, 3315.01, 3316.041, 3316.06, 3316.08, 3316.20,	131353
3317.01, 3317.013, 3317.014, 3317.018, 3317.02, 3317.021,	131354
3317.022, 3317.023, 3317.024, 3317.025, 3317.0210, 3317.0211,	131355
3317.03, 3317.031, 3317.05, 3317.051, 3317.053, 3317.06, 3317.061,	131356
3317.07, 3317.08, 3317.081, 3317.082, 3317.09, 3317.11, 3317.12,	131357
3317.14, 3317.16, 3317.18, 3317.19, 3317.20, 3317.201, 3318.011,	131358
3318.032, 3318.034, 3318.05, 3318.051, 3318.08, 3318.12, 3318.31,	131359
3318.36, 3318.37, 3318.38, 3318.41, 3318.44, 3319.02, 3319.08,	131360
3319.081, 3319.11, 3319.111, 3319.141, 3319.17, 3319.18, 3319.19,	131361
3319.227, 3319.26, 3319.31, 3319.311, 3319.39, 3319.57, 3319.71,	131362
3323.09, 3323.091, 3323.14, 3323.142, 3323.31, 3324.05, 3325.08,	131363
3326.11, 3326.33, 3326.39, 3327.02, 3327.04, 3327.05, 3329.08,	131364
3331.01, 3333.03, 3333.043, 3333.31, 3333.66, 3333.81, 3333.82,	131365
3333.83, 3333.84, 3333.85, 3333.87, 3333.90, 3334.19, 3345.061,	131366
3345.14, 3349.29, 3353.04, 3354.12, 3354.16, 3355.09, 3357.16,	131367
3365.01, 3365.08, 3375.41, 3381.11, 3501.03, 3501.17, 3505.13,	131368
3506.05, 3701.021, 3701.023, 3701.07, 3701.61, 3701.74, 3701.83,	131369
3702.52, 3702.57, 3702.59, 3704.06, 3704.14, 3705.24, 3709.09,	131370
3709.092, 3709.21, 3717.53, 3719.141, 3719.41, 3721.01, 3721.011,	131371
3721.02, 3721.022, 3721.04, 3721.16, 3721.50, 3721.51, 3721.511,	131372
3721.512, 3721.513, 3721.52, 3721.53, 3721.55, 3721.561, 3721.58,	131373
3722.01, 3722.011, 3722.02, 3722.021, 3722.022, 3722.03, 3722.04,	131374
3722.041, 3722.05, 3722.06, 3722.07, 3722.08, 3722.09, 3722.10,	131375
3722.11, 3722.12, 3722.13, 3722.14, 3722.15, 3722.151, 3722.16,	131376
3722.17, 3722.18, 3733.41, 3733.99, 3734.02, 3734.05, 3734.06,	131377
3734.18, 3734.19, 3734.20, 3734.21, 3734.22, 3734.23, 3734.24,	131378
3734.25, 3734.26, 3734.27, 3734.28, 3734.282, 3734.57, 3734.85,	131379
3734.901, 3735.36, 3735.66, 3737.73, 3737.83, 3737.841, 3737.87,	131380
3737.88, 3743.06, 3743.19, 3743.52, 3743.53, 3743.54, 3743.64,	131381
3745.015, 3745.11, 3746.02, 3750.081, 3767.32, 3769.08, 3769.20,	131382
3769.26, 3770.03, 3770.05, 3772.032, 3772.062, 3781.183, 3791.043,	131383
3793.04, 3793.06, 3793.21, 3901.3814, 3903.01, 3923.28, 3923.281,	131384
3923.30, 3924.10, 3937.41, 3963.01, 3963.11, 4113.11, 4113.61,	131385
4115.03, 4115.033, 4115.034, 4115.04, 4115.05, 4115.10, 4115.101,	131386
4115.13, 4115.16, 4116.01, 4117.01, 4117.03, 4121.03, 4121.12,	131387
4121.121, 4121.125, 4121.128, 4121.44, 4123.27, 4123.341,	131388
4123.342, 4123.35, 4131.03, 4141.08, 4141.11, 4141.33, 4301.12,	131389
4301.43, 4301.62, 4301.80, 4301.81, 4503.06, 4503.235, 4503.70,	131390
4503.93, 4504.02, 4504.021, 4504.15, 4504.16, 4504.18, 4505.181,	131391
4506.071, 4507.111, 4507.164, 4511.191, 4511.193, 4513.39,	131392
4513.60, 4513.61, 4513.62, 4513.63, 4513.64, 4513.66, 4517.01,	131393
4517.02, 4517.04, 4517.09, 4517.10, 4517.12, 4517.13, 4517.14,	131394
4517.23, 4517.24, 4517.44, 4549.17, 4582.12, 4582.31, 4585.10,	131395
4705.021, 4709.13, 4725.34, 4725.48, 4725.50, 4725.52, 4725.57,	131396
4729.52, 4729.552, 4731.054, 4731.15, 4731.16, 4731.17, 4731.171,	131397
4731.19, 4731.222, 4731.65, 4731.71, 4733.15, 4733.151, 4735.01,	131398
4735.02, 4735.03, 4735.05, 4735.052, 4735.06, 4735.07, 4735.09,	131399
4735.10, 4735.13, 4735.14, 4735.141, 4735.142, 4735.15, 4735.16,	131400
4735.17, 4735.18, 4735.181, 4735.182, 4735.19, 4735.20, 4735.21,	131401
4735.211, 4735.32, 4735.55, 4735.58, 4735.59, 4735.62, 4735.68,	131402
4735.71, 4735.74, 4736.12, 4740.14, 4757.31, 4776.01, 4906.01,	131403
4911.02, 4927.17, 4928.20, 4929.26, 4929.27, 4931.40, 4931.51,	131404
4931.52, 4931.53, 5101.16, 5101.181, 5101.182, 5101.183, 5101.244,	131405
5101.26, 5101.27, 5101.271, 5101.272, 5101.28, 5101.30, 5101.341,	131406
5101.342, 5101.35, 5101.37, 5101.46, 5101.47, 5101.571, 5101.573,	131407
5101.58, 5101.60, 5101.61, 5101.98, 5104.01, 5104.011, 5104.012,	131408
5104.013, 5104.03, 5104.04, 5104.05, 5104.13, 5104.30, 5104.32,	131409
5104.34, 5104.341, 5104.35, 5104.37, 5104.38, 5104.39, 5104.42,	131410
5104.43, 5104.99, 5111.011, 5111.012, 5111.013, 5111.0112,	131411
5111.0116, 5111.021, 5111.023, 5111.025, 5111.031, 5111.06,	131412
5111.061, 5111.113, 5111.13, 5111.14, 5111.151, 5111.16, 5111.17,	131413
5111.172, 5111.20, 5111.21, 5111.211, 5111.22, 5111.221, 5111.222,	131414
5111.23, 5111.231, 5111.232, 5111.235, 5111.24, 5111.241,	131415
5111.244, 5111.25, 5111.251, 5111.254, 5111.255, 5111.258,	131416
5111.261, 5111.262, 5111.27, 5111.28, 5111.29, 5111.291, 5111.33,	131417
5111.35, 5111.52, 5111.54, 5111.62, 5111.65, 5111.66, 5111.67,	131418
5111.671, 5111.672, 5111.68, 5111.681, 5111.687, 5111.689,	131419
5111.85, 5111.871, 5111.872, 5111.873, 5111.874, 5111.877,	131420
5111.88, 5111.89, 5111.891, 5111.892, 5111.894, 5111.911,	131421
5111.912, 5111.913, 5111.94, 5111.941, 5111.97, 5112.30, 5112.31,	131422
5112.37, 5112.371, 5112.39, 5112.40, 5112.41, 5112.46, 5112.99,	131423
5119.01, 5119.02, 5119.06, 5119.18, 5119.22, 5119.61, 5119.611,	131424
5119.612, 5119.613, 5119.62, 5119.621, 5119.99, 5120.105,	131425
5120.135, 5120.17, 5120.22, 5120.28, 5120.29, 5122.01, 5122.15,	131426
5122.21, 5122.31, 5123.01, 5123.0412, 5123.0413, 5123.0417,	131427
5123.051, 5123.171, 5123.18, 5123.19, 5123.191, 5123.194,	131428
5123.352, 5123.42, 5123.45, 5123.60, 5126.01, 5126.029, 5126.04,	131429
5126.042, 5126.05, 5126.054, 5126.0510, 5126.0511, 5126.0512,	131430
5126.08, 5126.11, 5126.12, 5126.24, 5126.41, 5126.42, 5139.11,	131431
5139.43, 5310.35, 5501.44, 5501.73, 5502.52, 5502.522, 5502.61,	131432
5502.68, 5505.04, 5505.22, 5525.04, 5540.01, 5540.03, 5540.031,	131433
5540.05, 5543.10, 5549.21, 5552.06, 5553.05, 5553.19, 5553.23,	131434
5553.42, 5555.07, 5555.27, 5555.42, 5559.06, 5559.10, 5559.12,	131435
5561.04, 5561.08, 5571.011, 5573.02, 5573.10, 5575.01, 5575.02,	131436
5591.15, 5593.08, 5701.13, 5703.05, 5703.056, 5703.37, 5703.57,	131437
5703.58, 5705.01, 5705.14, 5705.16, 5705.19, 5705.191, 5705.194,	131438
5705.196, 5705.21, 5705.211, 5705.214, 5705.218, 5705.25,	131439
5705.251, 5705.261, 5705.29, 5705.314, 5705.392, 5705.412,	131440
5705.71, 5707.031, 5709.07, 5709.084, 5709.40, 5709.41, 5709.62,	131441
5709.63, 5709.632, 5709.73, 5709.78, 5709.82, 5709.83, 5713.01,	131442
5715.17, 5715.23, 5715.26, 5719.04, 5721.01, 5721.03, 5721.04,	131443
5721.18, 5721.19, 5721.30, 5721.31, 5721.32, 5721.37, 5721.38,	131444
5721.42, 5722.13, 5723.05, 5723.18, 5725.151, 5725.24, 5725.98,	131445
5727.57, 5727.75, 5727.84, 5727.85, 5727.86, 5729.98, 5731.02,	131446
5731.19, 5731.21, 5731.39, 5733.0610, 5733.23, 5733.351, 5739.01,	131447
5739.02, 5739.021, 5739.022, 5739.026, 5739.07, 5739.101, 5739.19,	131448
5739.30, 5747.01, 5747.058, 5747.113, 5747.451, 5747.46, 5747.51,	131449
5747.98, 5748.01, 5748.02, 5748.021, 5748.04, 5748.05, 5748.08,	131450
5748.081, 5751.01, 5751.011, 5751.20, 5751.21, 5751.22, 5751.23,	131451
5751.50, 5919.34, 5919.341, 6101.16, 6103.04, 6103.05, 6103.06,	131452
6103.081, 6103.31, 6105.131, 6109.21, 6111.038, 6111.044, 6115.01,	131453
6115.20, 6117.05, 6117.06, 6117.07, 6117.251, 6117.49, 6119.10,	131454
6119.18, 6119.22, 6119.25, and 6119.58 of the Revised Code are	131455
hereby repealed.	131456

Section 105.01. That sections 7.14, 122.0818, 122.452,	131457
126.04, 126.501, 126.502, 126.507, 165.031, 179.01, 179.02,	131458
179.03, 179.04, 340.08, 701.04, 1501.031, 1551.13, 3123.52,	131459
3123.61, 3123.612, 3123.613, 3123.614, 3301.82, 3301.922,	131460
3306.01, 3306.011, 3306.012, 3306.02, 3306.03, 3306.04,	131461
3306.05, 3306.051, 3306.052, 3306.06, 3306.07, 3306.08,	131462
3306.09, 3306.091, 3306.10, 3306.11, 3306.13, 3306.19,	131463
3306.191, 3306.192, 3306.21, 3306.22, 3306.29, 3306.291,	131464
3306.292, 3306.50, 3306.51, 3306.52, 3306.53, 3306.54, 3306.55,	131465
3306.56, 3306.57, 3306.58, 3306.59, 3311.059, 3313.674,	131466
3314.014, 3314.016, 3314.017, 3314.025, 3314.082, 3314.085,	131467
3314.11, 3314.111, 3317.011, 3317.016, 3317.017, 3317.0216,	131468
3317.04, 3317.17, 3319.112, 3319.62, 3329.16, 3335.45, 3349.242,	131469
3706.042, 3721.56, 3722.99, 3733.21, 3733.22, 3733.23, 3733.24,	131470
3733.25, 3733.26, 3733.27, 3733.28, 3733.29, 3733.30, 3923.90,	131471
3923.91, 4115.032, 4121.75, 4121.76, 4121.77, 4121.78, 4121.79,	131472
4582.37, 4731.18, 4981.23, 5101.5211, 5101.5212, 5101.5213,	131473
5101.5214, 5101.5215, 5101.5216, 5111.243, 5111.34, 5111.861,	131474
5111.893, 5111.971, 5122.36, 5123.172, 5123.181, 5123.193,	131475
5123.211, 5126.18, and 5126.19 of the Revised Code are hereby	131476
repealed.	131477

Section 120.20. That sections 3721.16, 5111.709, 5119.221,	131478
5122.01, 5122.02, 5122.27, 5122.271, 5122.29, 5122.31, 5122.32,	131479
5123.092, 5123.19, 5123.191, 5123.35, 5123.60, 5123.61, 5123.63,	131480
5123.64, 5123.69, 5123.701, 5123.86, 5123.99, and 5126.33 be	131481
amended; that section 5123.60 (5123.601) be amended for the	131482
purpose of adopting a new section number as indicated in	131483
parentheses; and that new sections 5123.60 and 5123.602 of the	131484
Revised Code be enacted to read as follows:	131485

Sec. 3721.16. For each resident of a home, notice of a	131486
proposed transfer or discharge shall be in accordance with this	131487
section.	131488

(A)(1) The administrator of a home shall notify a resident in	131489
writing, and the resident's sponsor in writing by certified mail,	131490
return receipt requested, in advance of any proposed transfer or	131491
discharge from the home. The administrator shall send a copy of	131492
the notice to the state department of health. The notice shall be	131493
provided at least thirty days in advance of the proposed transfer	131494
or discharge, unless any of the following applies:	131495

(a) The resident's health has improved sufficiently to allow	131496
a more immediate discharge or transfer to a less skilled level of	131497
care;	131498

(b) The resident has resided in the home less than thirty	131499
days;	131500

(c) An emergency arises in which the safety of individuals in	131501
the home is endangered;	131502

(d) An emergency arises in which the health of individuals in	131503
the home would otherwise be endangered;	131504

(e) An emergency arises in which the resident's urgent	131505
medical needs necessitate a more immediate transfer or discharge.	131506

In any of the circumstances described in divisions (A)(1)(a)	131507
to (e) of this section, the notice shall be provided as many days	131508
in advance of the proposed transfer or discharge as is	131509
practicable.	131510

(2) The notice required under division (A)(1) of this section	131511
shall include all of the following:	131512

(a) The reasons for the proposed transfer or discharge;

131513

(b) The proposed date the resident is to be transferred or	131514
discharged;	131515

(c) Subject to division (A)(3) of this section, a proposed	131516
location to which the resident may relocate and a notice that the	131517
resident and resident's sponsor may choose another location to	131518
which the resident will relocate;	131519

(d) Notice of the right of the resident and the resident's	131520
sponsor to an impartial hearing at the home on the proposed	131521
transfer or discharge, and of the manner in which and the time	131522
within which the resident or sponsor may request a hearing	131523
pursuant to section 3721.161 of the Revised Code;	131524

(e) A statement that the resident will not be transferred or	131525
discharged before the date specified in the notice unless the home	131526
and the resident or, if the resident is not competent to make a	131527
decision, the home and the resident's sponsor, agree to an earlier	131528
date;	131529

(f) The address of the legal services office of the	131530
department of health;	131531

(g) The name, address, and telephone number of a	131532
representative of the state long-term care ombudsperson program	131533
and, if the resident or patient has a developmental disability or	131534
mental illness, the name, address, and telephone number of the	131535
Ohio ~~legal rights service~~protection and advocacy system.	131536

(3) The proposed location to which a resident may relocate as	131537
specified pursuant to division (A)(2)(c) of this section in the	131538
proposed transfer or discharge notice shall be capable of meeting	131539
the resident's health-care and safety needs. The proposed location	131540
for relocation need not have accepted the resident at the time the	131541
notice is issued to the resident and resident's sponsor.	131542

(B) No home shall transfer or discharge a resident before the	131543
date specified in the notice required by division (A) of this	131544
section unless the home and the resident or, if the resident is	131545
not competent to make a decision, the home and the resident's	131546
sponsor, agree to an earlier date.	131547

(C) Transfer or discharge actions shall be documented in the	131548
resident's medical record by the home if there is a medical basis	131549
for the action.	131550

(D) A resident or resident's sponsor may challenge a transfer	131551
or discharge by requesting an impartial hearing pursuant to	131552
section 3721.161 of the Revised Code, unless the transfer or	131553
discharge is required because of one of the following reasons:	131554

(1) The home's license has been revoked under this chapter;

131555

(2) The home is being closed pursuant to section 3721.08,	131556
sections 5111.35 to 5111.62, or section 5155.31 of the Revised	131557
Code;	131558

(3) The resident is a recipient of medicaid and the home's	131559
participation in the medicaid program has been involuntarily	131560
terminated or denied by the federal government;	131561

(4) The resident is a beneficiary under the medicare program	131562
and the home's certification under the medicare program has been	131563
involuntarily terminated or denied by the federal government.	131564

(E) If a resident is transferred or discharged pursuant to	131565
this section, the home from which the resident is being	131566
transferred or discharged shall provide the resident with adequate	131567
preparation prior to the transfer or discharge to ensure a safe	131568
and orderly transfer or discharge from the home, and the home or	131569
alternative setting to which the resident is to be transferred or	131570
discharged shall have accepted the resident for transfer or	131571
discharge.	131572

(F) At the time of a transfer or discharge of a resident who	131573
is a recipient of medicaid from a home to a hospital or for	131574
therapeutic leave, the home shall provide notice in writing to the	131575
resident and in writing by certified mail, return receipt	131576
requested, to the resident's sponsor, specifying the number of	131577
days, if any, during which the resident will be permitted under	131578
the medicaid program to return and resume residence in the home	131579
and specifying the medicaid program's coverage of the days during	131580
which the resident is absent from the home. An individual who is	131581
absent from a home for more than the number of days specified in	131582
the notice and continues to require the services provided by the	131583
facility shall be given priority for the first available bed in a	131584
semi-private room.	131585

Sec. 5111.709. (A) There is hereby created the medicaid	131586
buy-in advisory council. The council shall consist of all of the	131587
following:	131588

(1) The following voting members:

131589

(a) The executive director of assistive technology of Ohio or	131590
the executive director's designee;	131591

(b) The director of the axis center for public awareness of	131592
people with disabilities or the director's designee;	131593

(c) The executive director of the cerebral palsy association	131594
of Ohio or the executive director's designee;	131595

(d) The chief executive officer of Ohio advocates for mental	131596
health or the chief executive officer's designee;	131597

(e) The state director of the Ohio chapter of AARP or the	131598
state director's designee;	131599

(f) The director of the Ohio developmental disabilities	131600
council created under section 5123.35 of the Revised Code or the	131601
director's designee;	131602

(g) The executive director of the governor's council on	131603
people with disabilities created under section 3303.41 of the	131604
Revised Code or the executive director's designee;	131605

(h) ~~The administrator of the legal rights service created~~	131606
~~under section 5123.60 of the Revised Code or the administrator's~~	131607
~~designee;~~	131608

~~(i)~~ The chairperson of the Ohio Olmstead task force or the	131609
chairperson's designee;	131610

~~(j)~~(i) The executive director of the Ohio statewide	131611
independent living council or the executive director's designee;	131612

~~(k)~~(j) The president of the Ohio chapter of the national	131613
multiple sclerosis society or the president's designee;	131614

~~(l)~~(k) The executive director of the arc of Ohio or the	131615
executive director's designee;	131616

~~(m)~~(l) The executive director of the commission on minority	131617
health or the executive director's designee;	131618

~~(n)~~(m) The executive director of the brain injury association	131619
of Ohio or the executive director's designee;	131620

~~(o)~~(n) The executive officer of any other advocacy	131621
organization who volunteers to serve on the council, or such an	131622
executive officer's designee, if the other voting members, at a	131623
meeting called by the chairperson elected under division (C) of	131624
this section, determine it is appropriate for the advocacy	131625
organization to be represented on the council;	131626

~~(p)~~(o) One or more participants who volunteer to serve on the	131627
council and are selected by the other voting members at a meeting	131628
the chairperson calls after the medicaid buy-in for workers with	131629
disabilities program is implemented.	131630

(2) The following non-voting members:

131631

(a) The director of job and family services or the director's	131632
designee;	131633

(b) The administrator of the rehabilitation services	131634
commission or the administrator's designee;	131635

(c) The director of alcohol and drug addiction services or	131636
the director's designee;	131637

(d) The director of developmental disabilities or the	131638
director's designee;	131639

(e) The director of mental health or the director's designee;

131640

(f) The executive officer of any other government entity, or	131641
the executive officer's designee, if the voting members, at a	131642
meeting called by the chairperson, determine it is appropriate for	131643
the government entity to be represented on the council.	131644

(B) All members of the medicaid buy-in advisory council shall	131645
serve without compensation or reimbursement, except as serving on	131646
the council is considered part of their usual job duties.	131647

(C) The voting members of the medicaid buy-in advisory	131648
council shall elect one of the members of the council to serve as	131649
the council's chairperson for a two-year term. The chairperson may	131650
be re-elected to successive terms.	131651

(D) The department of job and family services shall provide	131652
the Ohio medicaid buy-in advisory council with accommodations for	131653
the council to hold its meetings and shall provide the council	131654
with other administrative assistance the council needs to perform	131655
its duties.	131656

Sec. 5119.221. (A) Upon petition by the director of mental	131657
health, the court of common pleas or the probate court may appoint	131658
a receiver to take possession of and operate a residential	131659
facility licensed pursuant to section 5119.22 of the Revised Code,	131660
when conditions existing at the residential facility present a	131661
substantial risk of physical or mental harm to residents and no	131662
other remedies at law are adequate to protect the health, safety,	131663
and welfare of the residents.	131664

Petitions filed pursuant to this section shall include:

131665

(1) A description of the specific conditions existing at the	131666
residential facility which present a substantial risk of physical	131667
or mental harm to residents;	131668

(2) A statement of the absence of other adequate remedies at	131669
law;	131670

(3) The number of individuals residing at the facility;

131671

(4) A statement that the facts have been brought to the	131672
attention of the owner or licensee and that conditions have not	131673
been remedied within a reasonable period of time or that the	131674
conditions, though remedied periodically, habitually exist at the	131675
residential facility as a pattern or practice; and	131676

(5) The name and address of the person holding the license	131677
for the residential facility.	131678

(B) A court in which a petition is filed pursuant to this	131679
section shall notify the person holding the license for the	131680
facility of the filing. The department shall send notice of the	131681
filing to the following, as appropriate: the ~~legal rights service~~	131682
~~created pursuant to~~Ohio protection and advocacy system as defined	131683
in section 5123.60 of the Revised Code; facility owner; facility	131684
operator; board of alcohol, drug addiction, and mental health	131685
services; board of health; department of developmental	131686
disabilities; department of job and family services; facility	131687
residents; and residents' families and guardians. The court shall	131688
provide a hearing on the petition within five court days of the	131689
time it was filed, except that the court may appoint a receiver	131690
prior to that time if it determines that the circumstances	131691
necessitate such action.	131692

Following a hearing on the petition, and upon a determination	131693
that the appointment of a receiver is warranted, the court shall	131694
appoint a receiver and notify the department of mental health and	131695
appropriate persons of this action.	131696

In setting forth the powers of the receiver, the court may	131697
generally authorize the receiver to do all that is prudent and	131698
necessary to safely and efficiently operate the residential	131699
facility within the requirements of state and federal law, but	131700
shall require the receiver to obtain court approval prior to	131701
making any single expenditure of more than five thousand dollars	131702
to correct deficiencies in the structure or furnishings of a	131703
facility. The court shall closely review the conduct of the	131704
receiver and shall require regular and detailed reports.	131705

(C) A receivership established pursuant to this section shall	131706
be terminated, following notification of the appropriate parties	131707
and a hearing, if the court determines either of the following:	131708

(1) The residential facility has been closed and the former	131709
residents have been relocated to an appropriate facility;	131710

(2) Circumstances no longer exist at the residential facility	131711
which present a substantial risk of physical or mental harm to	131712
residents, and there is no deficiency in the residential facility	131713
that is likely to create a future risk of harm.	131714

Notwithstanding division (C)(2) of this section, the court	131715
shall not terminate a receivership for a residential facility that	131716
has previously operated under another receivership unless the	131717
responsibility for the operation of the facility is transferred to	131718
an operator approved by the court and the department of mental	131719
health.	131720

(D) Except for the department of mental health or appropriate	131721
board of alcohol, drug addiction, and mental health services, no	131722
party or person interested in an action shall be appointed a	131723
receiver pursuant to this section.	131724

To assist the court in identifying persons qualified to be	131725
named as receivers, the director of the department of mental	131726
health shall maintain a list of the names of such persons. The	131727
department of mental health, the department of job and family	131728
services, and the department of health shall provide technical	131729
assistance to any receiver appointed pursuant to this section.	131730

Before entering upon the duties of receiver, the receiver	131731
must be sworn to perform the duties faithfully, and, with surety	131732
approved by the court, judge, or clerk, execute a bond to such	131733
person, and in such sum as the court or judge directs, to the	131734
effect that such receiver will faithfully discharge the duties of	131735
receiver in the action, and obey the orders of the court therein.	131736

(1) Under the control of the appointing court, a receiver may	131737
do the following:	131738

(a) Bring and defend actions in the appointee's name as	131739
receiver;	131740

(b) Take and keep possession of property.

131741

(2) The court shall authorize the receiver to do the	131742
following:	131743

(a) Collect payment for all goods and services provided to	131744
the residents or others during the period of the receivership at	131745
the same rate as was charged by the licensee at the time the	131746
petition for receivership was filed, unless a different rate is	131747
set by the court;	131748

(b) Honor all leases, mortgages, and secured transactions	131749
governing all buildings, goods, and fixtures of which the receiver	131750
has taken possession, but, in the case of a rental agreement only	131751
to the extent of payments that are for the use of the property	131752
during the period of the receivership, or, in the case of a	131753
purchase agreement, only to the extent that payments come due	131754
during the period of the receivership;	131755

(c) If transfer of residents is necessary, provide for the	131756
orderly transfer of residents by:	131757

(i) Cooperating with all appropriate state and local agencies	131758
in carrying out the transfer of residents to alternative community	131759
placements;	131760

(ii) Providing for the transportation of residents'	131761
belongings and records;	131762

(iii) Helping to locate alternative placements and develop	131763
plans for transfer;	131764

(iv) Encouraging residents or guardians to participate in	131765
transfer planning except when an emergency exists and immediate	131766
transfer is necessary.	131767

(d) Make periodic reports on the status of the residential	131768
facility to the court; the appropriate state agencies; and the	131769
board of alcohol, drug addiction, and mental health services. Each	131770
report shall be made available to residents, their guardians, and	131771
families.	131772

(e) Compromise demands or claims; and

131773

(f) Generally do such acts respecting the residential	131774
facility as the court authorizes.	131775

Notwithstanding any other provision of law, contracts which	131776
are necessary to carry out the powers and duties of the receiver	131777
need not be competitively bid.	131778

Sec. 5122.01. As used in this chapter and Chapter 5119. of	131779
the Revised Code:	131780

(A) "Mental illness" means a substantial disorder of thought,	131781
mood, perception, orientation, or memory that grossly impairs	131782
judgment, behavior, capacity to recognize reality, or ability to	131783
meet the ordinary demands of life.	131784

(B) "Mentally ill person subject to hospitalization by court	131785
order" means a mentally ill person who, because of the person's	131786
illness:	131787

(1) Represents a substantial risk of physical harm to self as	131788
manifested by evidence of threats of, or attempts at, suicide or	131789
serious self-inflicted bodily harm;	131790

(2) Represents a substantial risk of physical harm to others	131791
as manifested by evidence of recent homicidal or other violent	131792
behavior, evidence of recent threats that place another in	131793
reasonable fear of violent behavior and serious physical harm, or	131794
other evidence of present dangerousness;	131795

(3) Represents a substantial and immediate risk of serious	131796
physical impairment or injury to self as manifested by evidence	131797
that the person is unable to provide for and is not providing for	131798
the person's basic physical needs because of the person's mental	131799
illness and that appropriate provision for those needs cannot be	131800
made immediately available in the community; or	131801

(4) Would benefit from treatment in a hospital for the	131802
person's mental illness and is in need of such treatment as	131803
manifested by evidence of behavior that creates a grave and	131804
imminent risk to substantial rights of others or the person.	131805

(C)(1) "Patient" means, subject to division (C)(2) of this	131806
section, a person who is admitted either voluntarily or	131807
involuntarily to a hospital or other place under section 2945.39,	131808
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	131809
finding of not guilty by reason of insanity or incompetence to	131810
stand trial or under this chapter, who is under observation or	131811
receiving treatment in such place.	131812

(2) "Patient" does not include a person admitted to a	131813
hospital or other place under section 2945.39, 2945.40, 2945.401,	131814
or 2945.402 of the Revised Code to the extent that the reference	131815
in this chapter to patient, or the context in which the reference	131816
occurs, is in conflict with any provision of sections 2945.37 to	131817
2945.402 of the Revised Code.	131818

(D) "Licensed physician" means a person licensed under the	131819
laws of this state to practice medicine or a medical officer of	131820
the government of the United States while in this state in the	131821
performance of the person's official duties.	131822

(E) "Psychiatrist" means a licensed physician who has	131823
satisfactorily completed a residency training program in	131824
psychiatry, as approved by the residency review committee of the	131825
American medical association, the committee on post-graduate	131826
education of the American osteopathic association, or the American	131827
osteopathic board of neurology and psychiatry, or who on July 1,	131828
1989, has been recognized as a psychiatrist by the Ohio state	131829
medical association or the Ohio osteopathic association on the	131830
basis of formal training and five or more years of medical	131831
practice limited to psychiatry.	131832

(F) "Hospital" means a hospital or inpatient unit licensed by	131833
the department of mental health under section 5119.20 of the	131834
Revised Code, and any institution, hospital, or other place	131835
established, controlled, or supervised by the department under	131836
Chapter 5119. of the Revised Code.	131837

(G) "Public hospital" means a facility that is tax-supported	131838
and under the jurisdiction of the department of mental health.	131839

(H) "Community mental health agency" means an agency that	131840
provides community mental health services that are certified by	131841
the director of mental health under section 5119.611 of the	131842
Revised Code.	131843

(I) "Licensed clinical psychologist" means a person who holds	131844
a current valid psychologist license issued under section 4732.12	131845
or 4732.15 of the Revised Code, and in addition, meets either of	131846
the following criteria:	131847

(1) Meets the educational requirements set forth in division	131848
(B) of section 4732.10 of the Revised Code and has a minimum of	131849
two years' full-time professional experience, or the equivalent as	131850
determined by rule of the state board of psychology, at least one	131851
year of which shall be a predoctoral internship, in clinical	131852
psychological work in a public or private hospital or clinic or in	131853
private practice, diagnosing and treating problems of mental	131854
illness or mental retardation under the supervision of a	131855
psychologist who is licensed or who holds a diploma issued by the	131856
American board of professional psychology, or whose qualifications	131857
are substantially similar to those required for licensure by the	131858
state board of psychology when the supervision has occurred prior	131859
to enactment of laws governing the practice of psychology;	131860

(2) Meets the educational requirements set forth in division	131861
(B) of section 4732.15 of the Revised Code and has a minimum of	131862
four years' full-time professional experience, or the equivalent	131863
as determined by rule of the state board of psychology, in	131864
clinical psychological work in a public or private hospital or	131865
clinic or in private practice, diagnosing and treating problems of	131866
mental illness or mental retardation under supervision, as set	131867
forth in division (I)(1) of this section.	131868

(J) "Health officer" means any public health physician;	131869
public health nurse; or other person authorized by or designated	131870
by a city health district; a general health district; or a board	131871
of alcohol, drug addiction, and mental health services to perform	131872
the duties of a health officer under this chapter.	131873

(K) "Chief clinical officer" means the medical director of a	131874
hospital, or a community mental health agency, or a board of	131875
alcohol, drug addiction, and mental health services, or, if there	131876
is no medical director, the licensed physician responsible for the	131877
treatment a hospital or community mental health agency provides.	131878
The chief clinical officer may delegate to the attending physician	131879
responsible for a patient's care the duties imposed on the chief	131880
clinical officer by this chapter. Within a community mental health	131881
agency, the chief clinical officer shall be designated by the	131882
governing body of the agency and shall be a licensed physician or	131883
licensed clinical psychologist who supervises diagnostic and	131884
treatment services. A licensed physician or licensed clinical	131885
psychologist designated by the chief clinical officer may perform	131886
the duties and accept the responsibilities of the chief clinical	131887
officer in the chief clinical officer's absence.	131888

(L) "Working day" or "court day" means Monday, Tuesday,	131889
Wednesday, Thursday, and Friday, except when such day is a	131890
holiday.	131891

(M) "Indigent" means unable without deprivation of	131892
satisfaction of basic needs to provide for the payment of an	131893
attorney and other necessary expenses of legal representation,	131894
including expert testimony.	131895

(N) "Respondent" means the person whose detention,	131896
commitment, hospitalization, continued hospitalization or	131897
commitment, or discharge is being sought in any proceeding under	131898
this chapter.	131899

(O) ~~"Legal rights service" means the service established~~	131900
~~under~~"Ohio protection and advocacy system" has the same meaning	131901
as in section 5123.60 of the Revised Code.	131902

(P) "Independent expert evaluation" means an evaluation	131903
conducted by a licensed clinical psychologist, psychiatrist, or	131904
licensed physician who has been selected by the respondent or the	131905
respondent's counsel and who consents to conducting the	131906
evaluation.	131907

(Q) "Court" means the probate division of the court of common	131908
pleas.	131909

(R) "Expunge" means:

131910

(1) The removal and destruction of court files and records,	131911
originals and copies, and the deletion of all index references;	131912

(2) The reporting to the person of the nature and extent of	131913
any information about the person transmitted to any other person	131914
by the court;	131915

(3) Otherwise insuring that any examination of court files	131916
and records in question shall show no record whatever with respect	131917
to the person;	131918

(4) That all rights and privileges are restored, and that the	131919
person, the court, and any other person may properly reply that no	131920
such record exists, as to any matter expunged.	131921

(S) "Residence" means a person's physical presence in a	131922
county with intent to remain there, except that:	131923

(1) If a person is receiving a mental health service at a	131924
facility that includes nighttime sleeping accommodations,	131925
residence means that county in which the person maintained the	131926
person's primary place of residence at the time the person entered	131927
the facility;	131928

(2) If a person is committed pursuant to section 2945.38,	131929
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	131930
residence means the county where the criminal charges were filed.	131931

When the residence of a person is disputed, the matter of	131932
residence shall be referred to the department of mental health for	131933
investigation and determination. Residence shall not be a basis	131934
for a board's denying services to any person present in the	131935
board's service district, and the board shall provide services for	131936
a person whose residence is in dispute while residence is being	131937
determined and for a person in an emergency situation.	131938

(T) "Admission" to a hospital or other place means that a	131939
patient is accepted for and stays at least one night at the	131940
hospital or other place.	131941

(U) "Prosecutor" means the prosecuting attorney, village	131942
solicitor, city director of law, or similar chief legal officer	131943
who prosecuted a criminal case in which a person was found not	131944
guilty by reason of insanity, who would have had the authority to	131945
prosecute a criminal case against a person if the person had not	131946
been found incompetent to stand trial, or who prosecuted a case in	131947
which a person was found guilty.	131948

(V) "Treatment plan" means a written statement of reasonable	131949
objectives and goals for an individual established by the	131950
treatment team, with specific criteria to evaluate progress	131951
towards achieving those objectives. The active participation of	131952
the patient in establishing the objectives and goals shall be	131953
documented. The treatment plan shall be based on patient needs and	131954
include services to be provided to the patient while the patient	131955
is hospitalized and after the patient is discharged. The treatment	131956
plan shall address services to be provided upon discharge,	131957
including but not limited to housing, financial, and vocational	131958
services.	131959

(W) "Community control sanction" has the same meaning as in	131960
section 2929.01 of the Revised Code.	131961

(X) "Post-release control sanction" has the same meaning as	131962
in section 2967.01 of the Revised Code.	131963

Sec. 5122.02. (A) Except as provided in division (D) of this	131964
section, any person who is eighteen years of age or older and who	131965
is, appears to be, or believes self to be mentally ill may make	131966
written application for voluntary admission to the chief medical	131967
officer of a hospital.	131968

(B) Except as provided in division (D) of this section, the	131969
application also may be made on behalf of a minor by a parent, a	131970
guardian of the person, or the person with custody of the minor,	131971
and on behalf of an adult incompetent person by the guardian or	131972
the person with custody of the incompetent person.	131973

Any person whose admission is applied for under division (A)	131974
or (B) of this section may be admitted for observation, diagnosis,	131975
care, or treatment, in any hospital unless the chief clinical	131976
officer finds that hospitalization is inappropriate, and except	131977
that, in the case of a public hospital, no person shall be	131978
admitted without the authorization of the board of the person's	131979
county of residence.	131980

(C) If a minor or person adjudicated incompetent due to	131981
mental illness whose voluntary admission is applied for under	131982
division (B) of this section is admitted, the court shall	131983
determine, upon petition by ~~the legal rights service,~~ private or	131984
otherwise appointed counsel, a relative, or one acting as next	131985
friend, whether the admission or continued hospitalization is in	131986
the best interest of the minor or incompetent.	131987

The chief clinical officer shall discharge any voluntary	131988
patient who has recovered or whose hospitalization the officer	131989
determines to be no longer advisable and may discharge any	131990
voluntary patient who refuses to accept treatment consistent with	131991
the written treatment plan required by section 5122.27 of the	131992
Revised Code.	131993

(D) A person who is found incompetent to stand trial or not	131994
guilty by reason of insanity and who is committed pursuant to	131995
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	131996
Code shall not voluntarily admit ~~himself or herself~~the person or	131997
be voluntarily admitted to a hospital pursuant to this section	131998
until after the final termination of the commitment, as described	131999
in division (J) of section 2945.401 of the Revised Code.	132000

Sec. 5122.27. The chief clinical officer of the hospital or	132001
~~his~~the chief clinical officer's designee shall assure that all	132002
patients hospitalized or committed pursuant to this chapter shall:	132003

(A) Receive, within twenty days of their admission sufficient	132004
professional care to assure that an evaluation of current status,	132005
differential diagnosis, probable prognosis, and description of the	132006
current treatment plan is stated on the official chart;	132007

(B) Have a written treatment plan consistent with the	132008
evaluation, diagnosis, prognosis, and goals which shall be	132009
provided, upon request of the patient or patient's counsel, to the	132010
patient's counsel and to any private physician or licensed	132011
clinical psychologist designated by the patient or ~~his~~the	132012
patient's counsel or to the ~~legal rights service~~Ohio protection	132013
and advocacy system;	132014

(C) Receive treatment consistent with the treatment plan. The	132015
department of mental health shall set standards for treatment	132016
provided to such patients, consistent wherever possible with	132017
standards set by the joint commission on accreditation of	132018
healthcare organizations.	132019

(D) Receive periodic reevaluations of the treatment plan by	132020
the professional staff at intervals not to exceed ninety days;	132021

(E) Be provided with adequate medical treatment for physical	132022
disease or injury;	132023

(F) Receive humane care and treatment, including without	132024
limitation, the following:	132025

(1) The least restrictive environment consistent with the	132026
treatment plan;	132027

(2) The necessary facilities and personnel required by the	132028
treatment plan;	132029

(3) A humane psychological and physical environment;

132030

(4) The right to obtain current information concerning ~~his~~	132031
the patient's treatment program and expectations in terms that he	132032
the patient can reasonably understand;	132033

(5) Participation in programs designed to afford ~~him~~the	132034
patient substantial opportunity to acquire skills to facilitate	132035
~~his~~ return to the community or to terminate an involuntary	132036
commitment;	132037

(6) The right to be free from unnecessary or excessive	132038
medication;	132039

(7) Freedom from restraints or isolation unless it is stated	132040
in a written order by the chief clinical officer or ~~his~~the chief	132041
clinical officer's designee, or the patient's individual physician	132042
or psychologist in a private or general hospital.	132043

~~(G) Be notified of their rights under the law within~~	132044
~~twenty-four hours of admission, according to rules established by~~	132045
~~the legal rights service.~~	132046

If the chief clinical officer of the hospital is unable to	132047
provide the treatment required by divisions (C), (E), and (F) of	132048
this section for any patient hospitalized pursuant to Chapter	132049
5122. of the Revised Code, hethe chief clinical officer shall	132050
immediately notify the patient, the court, the ~~legal rights~~	132051
~~service~~Ohio protection and advocacy system, the director of	132052
mental health, and the patient's counsel and legal guardian, if	132053
known. If within ten days after receipt of such notification by	132054
the director, hethe director is unable to effect a transfer of	132055
the patient, pursuant to section 5122.20 of the Revised Code, to a	132056
hospital, community mental health agency, or other medical	132057
facility where treatment is available, or has not received an	132058
order of the court to the contrary, the involuntary commitment of	132059
any patient hospitalized pursuant to Chapter 5122. of the Revised	132060
Code and defined as a mentally ill person subject to	132061
hospitalization by court order under division (B)(4) of section	132062
5122.01 of the Revised Code shall automatically be terminated.	132063

Sec. 5122.271. (A) Except as provided in divisions (C), (D),	132064
and (E) of this section, the chief clinical officer or, in a	132065
nonpublic hospital, the attending physician responsible for a	132066
patient's care shall provide all information, including expected	132067
physical and medical consequences, necessary to enable any patient	132068
of a hospital for the mentally ill to give a fully informed,	132069
intelligent, and knowing consent, the opportunity to consult with	132070
independent specialists and counsel, and the right to refuse	132071
consent for any of the following:	132072

(1) Surgery;

132073

(2) Convulsive therapy;

132074

(3) Major aversive interventions;

132075

(4) Sterilizations;

132076

(5) Any unusually hazardous treatment procedures;

132077

(6) Psycho-surgery.

132078

(B) No patient shall be subjected to any of the procedures	132079
listed in divisions (A)(4) to (6) of this section until both the	132080
patient's informed, intelligent, and knowing consent and the	132081
approval of the court have been obtained, except that court	132082
approval is not required for a legally competent and voluntary	132083
patient in a nonpublic hospital.	132084

(C) If, after providing the information required under	132085
division (A) of this section to the patient, the chief clinical	132086
officer or attending physician concludes that a patient is	132087
physically or mentally unable to receive the information required	132088
for surgery under division (A)(1) of this section, or has been	132089
adjudicated incompetent, the information may be provided to the	132090
patient's natural or court-appointed guardian, who may give an	132091
informed, intelligent, and knowing written consent.	132092

If a patient is physically or mentally unable to receive the	132093
information required for surgery under division (A)(1) of this	132094
section and has no guardian, the information, the recommendation	132095
of the chief clinical officer, and the concurring judgment of a	132096
licensed physician who is not a full-time employee of the state	132097
may be provided to the court in the county in which the hospital	132098
is located, which may approve the surgery. Before approving the	132099
surgery, the court shall notify the ~~legal rights service~~Ohio	132100
protection and advocacy system created by section 5123.60 of the	132101
Revised Code, and shall notify the patient of the rights to	132102
consult with counsel, to have counsel appointed by the court if	132103
the patient is indigent, and to contest the recommendation of the	132104
chief clinical officer.	132105

(D) If, in a medical emergency, and after providing the	132106
information required under division (A) of this section to the	132107
patient, it is the judgment of one licensed physician that delay	132108
in obtaining surgery would create a grave danger to the health of	132109
the patient, it may be administered without the consent of the	132110
patient or the patient's guardian if the necessary information is	132111
provided to the patient's spouse or next of kin to enable that	132112
person to give informed, intelligent, and knowing written consent.	132113
If no spouse or next of kin can reasonably be contacted, or if the	132114
spouse or next of kin is contacted, but refuses to consent, the	132115
surgery may be performed upon the written authorization of the	132116
chief clinical officer or, in a nonpublic hospital, upon the	132117
written authorization of the attending physician responsible for	132118
the patient's care, and after the approval of the court has been	132119
obtained. However, if delay in obtaining court approval would	132120
create a grave danger to the life of the patient, the chief	132121
clinical officer or, in a nonpublic hospital, the attending	132122
physician responsible for the patient's care may authorize	132123
surgery, in writing, without court approval. If the surgery is	132124
authorized without court approval, the chief clinical officer or	132125
the attending physician who made the authorization and the	132126
physician who performed the surgery shall each execute an	132127
affidavit describing the circumstances constituting the emergency	132128
and warranting the surgery and the circumstances warranting their	132129
not obtaining prior court approval. The affidavit shall be filed	132130
with the court with which the request for prior approval would	132131
have been filed within five court days after the surgery, and a	132132
copy of the affidavit shall be placed in the patient's file and be	132133
given to the guardian, spouse, or next of kin of the patient, to	132134
the hospital at which the surgery was performed, and to the ~~legal~~	132135
~~rights service created by~~Ohio protection and advocacy system as	132136
defined in section 5123.60 of the Revised Code.	132137

(E) Major aversive interventions shall not be used unless a	132138
patient continues to engage in behavior destructive to self or	132139
others after other forms of therapy have been attempted. Major	132140
aversive interventions may be applied if approved by the director	132141
of mental health. ~~The director of the legal rights service created~~	132142
~~by section 5123.60 of the Revised Code shall be notified of any~~	132143
~~proposed major aversive intervention prior to review by the~~	132144
~~director of mental health.~~ Major aversive interventions shall not	132145
be applied to a voluntary patient without the informed,	132146
intelligent, and knowing written consent of the patient or the	132147
patient's guardian.	132148

(F) Unless there is substantial risk of physical harm to self	132149
or others, or other than under division (D) of this section, this	132150
chapter does not authorize any form of compulsory medical,	132151
psychological, or psychiatric treatment of any patient who is	132152
being treated by spiritual means through prayer alone in	132153
accordance with a recognized religious method of healing without	132154
specific court authorization.	132155

(G) For purposes of this section, "convulsive therapy" does	132156
not include defibrillation.	132157

Sec. 5122.29. All patients hospitalized or committed	132158
pursuant to this chapter have the following rights:	132159

(A) The right to a written list of all rights enumerated in	132160
this chapter, to that person, ~~his~~that person's legal guardian,	132161
and ~~his~~that person's counsel. If the person is unable to read,	132162
the list shall be read and explained to ~~him~~the person.	132163

(B) The right at all times to be treated with consideration	132164
and respect for ~~his~~the patient's privacy and dignity, including	132165
without limitation, the following:	132166

(1) At the time a person is taken into custody for diagnosis,	132167
detention, or treatment under Chapter 5122. of the Revised Code,	132168
the person taking ~~him~~that person into custody shall take	132169
reasonable precautions to preserve and safeguard the personal	132170
property in the possession of or on the premises occupied by that	132171
person;	132172

(2) A person who is committed, voluntarily or involuntarily,	132173
shall be given reasonable protection from assault or battery by	132174
any other person.	132175

(C) The right to communicate freely with and be visited at	132176
reasonable times by ~~his~~the patient's private counsel or personnel	132177
of the ~~legal rights service~~Ohio protection and advocacy system	132178
and, unless prior court restriction has been obtained, to	132179
communicate freely with and be visited at reasonable times by ~~his~~	132180
the patient's personal physician or psychologist.	132181

(D) The right to communicate freely with others, unless	132182
specifically restricted in the patient's treatment plan for clear	132183
treatment reasons, including without limitation the following:	132184

(1) To receive visitors at reasonable times;

132185

(2) To have reasonable access to telephones to make and	132186
receive confidential calls, including a reasonable number of free	132187
calls if unable to pay for them and assistance in calling if	132188
requested and needed.	132189

(E) The right to have ready access to letter writing	132190
materials, including a reasonable number of stamps without cost if	132191
unable to pay for them, and to mail and receive unopened	132192
correspondence and assistance in writing if requested and needed.	132193

(F) The right to the following personal privileges consistent	132194
with health and safety:	132195

(1) To wear ~~his~~the patient's own clothes and maintain ~~his~~	132196
the patient's own personal effects;	132197

(2) To be provided an adequate allowance for or allotment of	132198
neat, clean, and seasonable clothing if unable to provide ~~his~~the	132199
patient's own;	132200

(3) To maintain ~~his~~the patient's personal appearance	132201
according to ~~his~~the patient's own personal taste, including head	132202
and body hair;	132203

(4) To keep and use personal possessions, including toilet	132204
articles;	132205

(5) To have access to individual storage space for ~~his~~the	132206
patient's private use;	132207

(6) To keep and spend a reasonable sum of ~~his~~the patient's	132208
own money for expenses and small purchases;	132209

(7) To receive and possess reading materials without	132210
censorship, except when the materials create a clear and present	132211
danger to the safety of persons in the facility.	132212

(G) The right to reasonable privacy, including both periods	132213
of privacy and places of privacy.	132214

(H) The right to free exercise of religious worship within	132215
the facility, including a right to services and sacred texts that	132216
are within the reasonable capacity of the facility to supply,	132217
provided that no patient shall be coerced into engaging in any	132218
religious activities.	132219

(I) The right to social interaction with members of either	132220
sex, subject to adequate supervision, unless such social	132221
interaction is specifically withheld under a patient's written	132222
treatment plan for clear treatment reasons.	132223

As used in this section, "clear treatment reasons" means that	132224
permitting the patient to communicate freely with others will	132225
present a substantial risk of physical harm to the patient or	132226
others or will substantially preclude effective treatment of the	132227
patient. If a right provided under this section is restricted or	132228
withheld for clear treatment reasons, the patient's written	132229
treatment plan shall specify the treatment designed to eliminate	132230
the restriction or withholding of the right at the earliest	132231
possible time.	132232

Sec. 5122.31. (A) All certificates, applications, records,	132233
and reports made for the purpose of this chapter and sections	132234
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	132235
Code, other than court journal entries or court docket entries,	132236
and directly or indirectly identifying a patient or former patient	132237
or person whose hospitalization has been sought under this	132238
chapter, shall be kept confidential and shall not be disclosed by	132239
any person except:	132240

(1) If the person identified, or the person's legal guardian,	132241
if any, or if the person is a minor, the person's parent or legal	132242
guardian, consents, and if the disclosure is in the best interests	132243
of the person, as may be determined by the court for judicial	132244
records and by the chief clinical officer for medical records;	132245

(2) When disclosure is provided for in this chapter or	132246
section ~~5123.60~~5123.601 of the Revised Code;	132247

(3) That hospitals, boards of alcohol, drug addiction, and	132248
mental health services, and community mental health agencies may	132249
release necessary medical information to insurers and other	132250
third-party payers, including government entities responsible for	132251
processing and authorizing payment, to obtain payment for goods	132252
and services furnished to the patient;	132253

(4) Pursuant to a court order signed by a judge;

132254

(5) That a patient shall be granted access to the patient's	132255
own psychiatric and medical records, unless access specifically is	132256
restricted in a patient's treatment plan for clear treatment	132257
reasons;	132258

(6) That hospitals and other institutions and facilities	132259
within the department of mental health may exchange psychiatric	132260
records and other pertinent information with other hospitals,	132261
institutions, and facilities of the department, and with community	132262
mental health agencies and boards of alcohol, drug addiction, and	132263
mental health services with which the department has a current	132264
agreement for patient care or services. Records and information	132265
that may be released pursuant to this division shall be limited to	132266
medication history, physical health status and history, financial	132267
status, summary of course of treatment in the hospital, summary of	132268
treatment needs, and a discharge summary, if any.	132269

(7) That hospitals within the department, other institutions	132270
and facilities within the department, hospitals licensed by the	132271
department under section 5119.20 of the Revised Code, and	132272
community mental health agencies may exchange psychiatric records	132273
and other pertinent information with payers and other providers of	132274
treatment and health services if the purpose of the exchange is to	132275
facilitate continuity of care for a patient;	132276

(8) That a patient's family member who is involved in the	132277
provision, planning, and monitoring of services to the patient may	132278
receive medication information, a summary of the patient's	132279
diagnosis and prognosis, and a list of the services and personnel	132280
available to assist the patient and the patient's family, if the	132281
patient's treating physician determines that the disclosure would	132282
be in the best interests of the patient. No such disclosure shall	132283
be made unless the patient is notified first and receives the	132284
information and does not object to the disclosure.	132285

(9) That community mental health agencies may exchange	132286
psychiatric records and certain other information with the board	132287
of alcohol, drug addiction, and mental health services and other	132288
agencies in order to provide services to a person involuntarily	132289
committed to a board. Release of records under this division shall	132290
be limited to medication history, physical health status and	132291
history, financial status, summary of course of treatment, summary	132292
of treatment needs, and discharge summary, if any.	132293

(10) That information may be disclosed to the executor or the	132294
administrator of an estate of a deceased patient when the	132295
information is necessary to administer the estate;	132296

(11) That records in the possession of the Ohio historical	132297
society may be released to the closest living relative of a	132298
deceased patient upon request of that relative;	132299

(12) That information may be disclosed to staff members of	132300
the appropriate board or to staff members designated by the	132301
director of mental health for the purpose of evaluating the	132302
quality, effectiveness, and efficiency of services and determining	132303
if the services meet minimum standards. Information obtained	132304
during such evaluations shall not be retained with the name of any	132305
patient.	132306

(13) That records pertaining to the patient's diagnosis,	132307
course of treatment, treatment needs, and prognosis shall be	132308
disclosed and released to the appropriate prosecuting attorney if	132309
the patient was committed pursuant to section 2945.38, 2945.39,	132310
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	132311
attorney designated by the board for proceedings pursuant to	132312
involuntary commitment under this chapter.	132313

(14) That the department of mental health may exchange	132314
psychiatric hospitalization records, other mental health treatment	132315
records, and other pertinent information with the department of	132316
rehabilitation and correction to ensure continuity of care for	132317
inmates who are receiving mental health services in an institution	132318
of the department of rehabilitation and correction. The department	132319
shall not disclose those records unless the inmate is notified,	132320
receives the information, and does not object to the disclosure.	132321
The release of records under this division is limited to records	132322
regarding an inmate's medication history, physical health status	132323
and history, summary of course of treatment, summary of treatment	132324
needs, and a discharge summary, if any.	132325

(15) That a community mental health agency that ceases to	132326
operate may transfer to either a community mental health agency	132327
that assumes its caseload or to the board of alcohol, drug	132328
addiction, and mental health services of the service district in	132329
which the patient resided at the time services were most recently	132330
provided any treatment records that have not been transferred	132331
elsewhere at the patient's request.	132332

(B) Before records are disclosed pursuant to divisions	132333
(A)(3), (6), (7), and (9) of this section, the custodian of the	132334
records shall attempt to obtain the patient's consent for the	132335
disclosure. No person shall reveal the contents of a medical	132336
record of a patient except as authorized by law.	132337

(C) The managing officer of a hospital who releases necessary	132338
medical information under division (A)(3) of this section to allow	132339
an insurance carrier or other third party payor to comply with	132340
section 5121.43 of the Revised Code shall neither be subject to	132341
criminal nor civil liability.	132342

Sec. 5122.32. (A) As used in this section:

132343

(1) "Quality assurance committee" means a committee that is	132344
appointed in the central office of the department of mental health	132345
by the director of mental health, a committee of a hospital or	132346
community setting program, a committee established pursuant to	132347
section 5119.47 of the Revised Code of the department of mental	132348
health appointed by the managing officer of the hospital or	132349
program, or a duly authorized subcommittee of a committee of that	132350
nature and that is designated to carry out quality assurance	132351
program activities.	132352

(2) "Quality assurance program" means a comprehensive program	132353
within the department of mental health to systematically review	132354
and improve the quality of medical and mental health services	132355
within the department and its hospitals and community setting	132356
programs, the safety and security of persons receiving medical and	132357
mental health services within the department and its hospitals and	132358
community setting programs, and the efficiency and effectiveness	132359
of the utilization of staff and resources in the delivery of	132360
medical and mental health services within the department and its	132361
hospitals and community setting programs. "Quality assurance	132362
program" includes the central office quality assurance committees,	132363
morbidity and mortality review committees, quality assurance	132364
programs of community setting programs, quality assurance	132365
committees of hospitals operated by the department of mental	132366
health, and the office of licensure and certification of the	132367
department.	132368

(3) "Quality assurance program activities" include collecting	132369
or compiling information and reports required by a quality	132370
assurance committee, receiving, reviewing, or implementing the	132371
recommendations made by a quality assurance committee, and	132372
credentialing, privileging, infection control, tissue review, peer	132373
review, utilization review including access to patient care	132374
records, patient care assessment records, and medical and mental	132375
health records, medical and mental health resource management,	132376
mortality and morbidity review, and identification and prevention	132377
of medical or mental health incidents and risks, whether performed	132378
by a quality assurance committee or by persons who are directed by	132379
a quality assurance committee.	132380

(4) "Quality assurance records" means the proceedings,	132381
discussion, records, findings, recommendations, evaluations,	132382
opinions, minutes, reports, and other documents or actions that	132383
emanate from quality assurance committees, quality assurance	132384
programs, or quality assurance program activities. "Quality	132385
assurance records" does not include aggregate statistical	132386
information that does not disclose the identity of persons	132387
receiving or providing medical or mental health services in	132388
department of mental health institutions.	132389

(B)(1) Except as provided in division (E) of this section,	132390
quality assurance records are confidential and are not public	132391
records under section 149.43 of the Revised Code, and shall be	132392
used only in the course of the proper functions of a quality	132393
assurance program.	132394

(2) Except as provided in division (E) of this section, no	132395
person who possesses or has access to quality assurance records	132396
and who knows that the records are quality assurance records shall	132397
willfully disclose the contents of the records to any person or	132398
entity.	132399

(C)(1) Except as provided in division (E) of this section, no	132400
quality assurance record shall be subject to discovery in, and is	132401
not admissible in evidence, in any judicial or administrative	132402
proceeding.	132403

(2) Except as provided in division (E) of this section, no	132404
member of a quality assurance committee or a person who is	132405
performing a function that is part of a quality assurance program	132406
shall be permitted or required to testify in a judicial or	132407
administrative proceeding with respect to quality assurance	132408
records or with respect to any finding, recommendation,	132409
evaluation, opinion, or other action taken by the committee,	132410
member, or person.	132411

(3) Information, documents, or records otherwise available	132412
from original sources are not to be construed as being unavailable	132413
for discovery or admission in evidence in a judicial or	132414
administrative proceeding merely because they were presented to a	132415
quality assurance committee. No person testifying before a quality	132416
assurance committee or person who is a member of a quality	132417
assurance committee shall be prevented from testifying as to	132418
matters within the person's knowledge, but the witness cannot be	132419
asked about the witness' testimony before the quality assurance	132420
committee or about an opinion formed by the person as a result of	132421
the quality assurance committee proceedings.	132422

(D)(1) A person who, without malice and in the reasonable	132423
belief that the information is warranted by the facts known to the	132424
person, provides information to a person engaged in quality	132425
assurance program activities is not liable for damages in a civil	132426
action for injury, death, or loss to person or property to any	132427
person as a result of providing the information.	132428

(2) A member of a quality assurance committee, a person	132429
engaged in quality assurance program activities, and an employee	132430
of the department of mental health shall not be liable in damages	132431
in a civil action for injury, death, or loss to person or property	132432
to any person for any acts, omissions, decisions, or other conduct	132433
within the scope of the functions of the quality assurance	132434
program.	132435

(3) Nothing in this section shall relieve any institution or	132436
individual from liability arising from the treatment of a patient.	132437

(E) Quality assurance records may be disclosed, and testimony	132438
may be provided concerning quality assurance records, only to the	132439
following persons or entities:	132440

(1) Persons who are employed or retained by the department of	132441
mental health and who have authority to evaluate or implement the	132442
recommendations of a state-operated hospital, community setting	132443
program, or central office quality assurance committee;	132444

(2) Public or private agencies or organizations if needed to	132445
perform a licensing or accreditation function related to	132446
department of mental health hospitals or community setting	132447
programs, or to perform monitoring of a hospital or program of	132448
that nature as required by law.	132449

(F) A disclosure of quality assurance records pursuant to	132450
division (E) of this section does not otherwise waive the	132451
confidential and privileged status of the disclosed quality	132452
assurance records.	132453

(G) Nothing in this section shall limit the access of the	132454
~~legal rights service~~Ohio protection and advocacy system to	132455
records or personnel as ~~set forth in sections 5123.60 to 5123.604~~	132456
required under section 5123.601 of the Revised Code. Nothing in	132457
this section shall limit the admissibility of documentary or	132458
testimonial evidence in an action brought by the ~~legal rights~~	132459
~~service~~Ohio protection and advocacy system in its own name or on	132460
behalf of a client.	132461

Sec. 5123.092. (A) There is hereby established at each	132462
institution and branch institution under the control of the	132463
department of developmental disabilities a citizen's advisory	132464
council consisting of thirteen members. At least seven of the	132465
members shall be persons who are not providers of mental	132466
retardation services. Each council shall include parents or other	132467
relatives of residents of institutions under the control of the	132468
department, community leaders, professional persons in relevant	132469
fields, and persons who have an interest in or knowledge of mental	132470
retardation. The managing officer of the institution shall be a	132471
nonvoting member of the council.	132472

(B) The director of developmental disabilities shall be the	132473
appointing authority for the voting members of each citizen's	132474
advisory council. Each time the term of a voting member expires,	132475
the remaining members of the council shall recommend to the	132476
director one or more persons to serve on the council. The director	132477
may accept a nominee of the council or reject the nominee or	132478
nominees. If the director rejects the nominee or nominees, the	132479
remaining members of the advisory council shall further recommend	132480
to the director one or more other persons to serve on the advisory	132481
council. This procedure shall continue until a member is appointed	132482
to the advisory council.	132483

Each advisory council shall elect from its appointed members	132484
a chairperson, vice-chairperson, and a secretary to serve for	132485
terms of one year. Advisory council officers shall not serve for	132486
more than two consecutive terms in the same office. A majority of	132487
the advisory council members constitutes a quorum.	132488

(C) Terms of office shall be for three years, each term	132489
ending on the same day of the same month of the year as did the	132490
term which it succeeds. No member shall serve more than two	132491
consecutive terms, except that any former member may be appointed	132492
if one year or longer has elapsed since the member served two	132493
consecutive terms. Each member shall hold office from the date of	132494
appointment until the end of the term for which the member was	132495
appointed. Any vacancy shall be filled in the same manner in which	132496
the original appointment was made, and the appointee to a vacancy	132497
in an unexpired term shall serve the balance of the term of the	132498
original appointee. Any member shall continue in office subsequent	132499
to the expiration date of the member's term until the member's	132500
successor takes office, or until a period of sixty days has	132501
elapsed, whichever occurs first.	132502

(D) Members shall be expected to attend all meetings of the	132503
advisory council. Unexcused absence from two successive regularly	132504
scheduled meetings shall be considered prima-facie evidence of	132505
intent not to continue as a member. The chairperson of the board	132506
shall, after a member has been absent for two successive regularly	132507
scheduled meetings, direct a letter to the member asking if the	132508
member wishes to remain in membership. If an affirmative reply is	132509
received, the member shall be retained as a member except that,	132510
if, after having expressed a desire to remain a member, the member	132511
then misses a third successive regularly scheduled meeting without	132512
being excused, the chairperson shall terminate the member's	132513
membership.	132514

(E) A citizen's advisory council shall meet six times	132515
annually, or more frequently if three council members request the	132516
chairperson to call a meeting. The council shall keep minutes of	132517
each meeting and shall submit them to the managing officer of the	132518
institution with which the council is associated,and the	132519
department of developmental disabilities~~, and the legal rights~~	132520
~~service~~.	132521

(F) Members of citizen's advisory councils shall receive no	132522
compensation for their services, except that they shall be	132523
reimbursed for their actual and necessary expenses incurred in the	132524
performance of their official duties by the institution with which	132525
they are associated from funds allocated to it, provided that	132526
reimbursement for those expenses shall not exceed limits imposed	132527
upon the department of developmental disabilities by	132528
administrative rules regulating travel within this state.	132529

(G) The councils shall have reasonable access to all patient	132530
treatment and living areas and records of the institution, except	132531
those records of a strictly personal or confidential nature. The	132532
councils shall have access to a patient's personal records with	132533
the consent of the patient or the patient's legal guardian or, if	132534
the patient is a minor, with the consent of the parent or legal	132535
guardian of the patient.	132536

(H) As used in this section, "branch institution" means a	132537
facility that is located apart from an institution and is under	132538
the control of the managing officer of the institution.	132539

Sec. 5123.19. (A) As used in this section and in sections	132540
5123.191, 5123.194, 5123.196, 5123.197, 5123.198, and 5123.20 of	132541
the Revised Code:	132542

(1)(a) "Residential facility" means a home or facility in	132543
which a mentally retarded or developmentally disabled person	132544
resides, except the home of a relative or legal guardian in which	132545
a mentally retarded or developmentally disabled person resides, a	132546
respite care home certified under section 5126.05 of the Revised	132547
Code, a county home or district home operated pursuant to Chapter	132548
5155. of the Revised Code, or a dwelling in which the only	132549
mentally retarded or developmentally disabled residents are in an	132550
independent living arrangement or are being provided supported	132551
living.	132552

(b) "Intermediate care facility for the mentally retarded"	132553
means a residential facility that is considered an intermediate	132554
care facility for the mentally retarded for the purposes of	132555
Chapter 5111. of the Revised Code.	132556

(2) "Political subdivision" means a municipal corporation,	132557
county, or township.	132558

(3) "Independent living arrangement" means an arrangement in	132559
which a mentally retarded or developmentally disabled person	132560
resides in an individualized setting chosen by the person or the	132561
person's guardian, which is not dedicated principally to the	132562
provision of residential services for mentally retarded or	132563
developmentally disabled persons, and for which no financial	132564
support is received for rendering such service from any	132565
governmental agency by a provider of residential services.	132566

(4) "Licensee" means the person or government agency that has	132567
applied for a license to operate a residential facility and to	132568
which the license was issued under this section.	132569

(5) "Related party" has the same meaning as in section	132570
5123.16 of the Revised Code except that "provider" as used in the	132571
definition of "related party" means a person or government entity	132572
that held or applied for a license to operate a residential	132573
facility, rather than a person or government entity certified to	132574
provide supported living.	132575

(B) Every person or government agency desiring to operate a	132576
residential facility shall apply for licensure of the facility to	132577
the director of developmental disabilities unless the residential	132578
facility is subject to section 3721.02, 5119.73, 5103.03, or	132579
5119.20 of the Revised Code. Notwithstanding Chapter 3721. of the	132580
Revised Code, a nursing home that is certified as an intermediate	132581
care facility for the mentally retarded under Title XIX of the	132582
"Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as	132583
amended, shall apply for licensure of the portion of the home that	132584
is certified as an intermediate care facility for the mentally	132585
retarded.	132586

(C) Subject to section 5123.196 of the Revised Code, the	132587
director of developmental disabilities shall license the operation	132588
of residential facilities. An initial license shall be issued for	132589
a period that does not exceed one year, unless the director denies	132590
the license under division (D) of this section. A license shall be	132591
renewed for a period that does not exceed three years, unless the	132592
director refuses to renew the license under division (D) of this	132593
section. The director, when issuing or renewing a license, shall	132594
specify the period for which the license is being issued or	132595
renewed. A license remains valid for the length of the licensing	132596
period specified by the director, unless the license is	132597
terminated, revoked, or voluntarily surrendered.	132598

(D) If it is determined that an applicant or licensee is not	132599
in compliance with a provision of this chapter that applies to	132600
residential facilities or the rules adopted under such a	132601
provision, the director may deny issuance of a license, refuse to	132602
renew a license, terminate a license, revoke a license, issue an	132603
order for the suspension of admissions to a facility, issue an	132604
order for the placement of a monitor at a facility, issue an order	132605
for the immediate removal of residents, or take any other action	132606
the director considers necessary consistent with the director's	132607
authority under this chapter regarding residential facilities. In	132608
the director's selection and administration of the sanction to be	132609
imposed, all of the following apply:	132610

(1) The director may deny, refuse to renew, or revoke a	132611
license, if the director determines that the applicant or licensee	132612
has demonstrated a pattern of serious noncompliance or that a	132613
violation creates a substantial risk to the health and safety of	132614
residents of a residential facility.	132615

(2) The director may terminate a license if more than twelve	132616
consecutive months have elapsed since the residential facility was	132617
last occupied by a resident or a notice required by division (K)	132618
of this section is not given.	132619

(3) The director may issue an order for the suspension of	132620
admissions to a facility for any violation that may result in	132621
sanctions under division (D)(1) of this section and for any other	132622
violation specified in rules adopted under division (H)(2) of this	132623
section. If the suspension of admissions is imposed for a	132624
violation that may result in sanctions under division (D)(1) of	132625
this section, the director may impose the suspension before	132626
providing an opportunity for an adjudication under Chapter 119. of	132627
the Revised Code. The director shall lift an order for the	132628
suspension of admissions when the director determines that the	132629
violation that formed the basis for the order has been corrected.	132630

(4) The director may order the placement of a monitor at a	132631
residential facility for any violation specified in rules adopted	132632
under division (H)(2) of this section. The director shall lift the	132633
order when the director determines that the violation that formed	132634
the basis for the order has been corrected.	132635

(5) If the director determines that two or more residential	132636
facilities owned or operated by the same person or government	132637
entity are not being operated in compliance with a provision of	132638
this chapter that applies to residential facilities or the rules	132639
adopted under such a provision, and the director's findings are	132640
based on the same or a substantially similar action, practice,	132641
circumstance, or incident that creates a substantial risk to the	132642
health and safety of the residents, the director shall conduct a	132643
survey as soon as practicable at each residential facility owned	132644
or operated by that person or government entity. The director may	132645
take any action authorized by this section with respect to any	132646
facility found to be operating in violation of a provision of this	132647
chapter that applies to residential facilities or the rules	132648
adopted under such a provision.	132649

(6) When the director initiates license revocation	132650
proceedings, no opportunity for submitting a plan of correction	132651
shall be given. The director shall notify the licensee by letter	132652
of the initiation of the proceedings. The letter shall list the	132653
deficiencies of the residential facility and inform the licensee	132654
that no plan of correction will be accepted. The director shall	132655
also send a copy of the letter to the county board of	132656
developmental disabilities. The county board shall send a copy of	132657
the letter to each of the following:	132658

(a) Each resident who receives services from the licensee;

132659

(b) The guardian of each resident who receives services from	132660
the licensee if the resident has a guardian;	132661

(c) The parent or guardian of each resident who receives	132662
services from the licensee if the resident is a minor.	132663

(7) Pursuant to rules which shall be adopted in accordance	132664
with Chapter 119. of the Revised Code, the director may order the	132665
immediate removal of residents from a residential facility	132666
whenever conditions at the facility present an immediate danger of	132667
physical or psychological harm to the residents.	132668

(8) In determining whether a residential facility is being	132669
operated in compliance with a provision of this chapter that	132670
applies to residential facilities or the rules adopted under such	132671
a provision, or whether conditions at a residential facility	132672
present an immediate danger of physical or psychological harm to	132673
the residents, the director may rely on information obtained by a	132674
county board of developmental disabilities or other governmental	132675
agencies.	132676

(9) In proceedings initiated to deny, refuse to renew, or	132677
revoke licenses, the director may deny, refuse to renew, or revoke	132678
a license regardless of whether some or all of the deficiencies	132679
that prompted the proceedings have been corrected at the time of	132680
the hearing.	132681

(E) The director shall establish a program under which public	132682
notification may be made when the director has initiated license	132683
revocation proceedings or has issued an order for the suspension	132684
of admissions, placement of a monitor, or removal of residents.	132685
The director shall adopt rules in accordance with Chapter 119. of	132686
the Revised Code to implement this division. The rules shall	132687
establish the procedures by which the public notification will be	132688
made and specify the circumstances for which the notification must	132689
be made. The rules shall require that public notification be made	132690
if the director has taken action against the facility in the	132691
eighteen-month period immediately preceding the director's latest	132692
action against the facility and the latest action is being taken	132693
for the same or a substantially similar violation of a provision	132694
of this chapter that applies to residential facilities or the	132695
rules adopted under such a provision. The rules shall specify a	132696
method for removing or amending the public notification if the	132697
director's action is found to have been unjustified or the	132698
violation at the residential facility has been corrected.	132699

(F)(1) Except as provided in division (F)(2) of this section,	132700
appeals from proceedings initiated to impose a sanction under	132701
division (D) of this section shall be conducted in accordance with	132702
Chapter 119. of the Revised Code.	132703

(2) Appeals from proceedings initiated to order the	132704
suspension of admissions to a facility shall be conducted in	132705
accordance with Chapter 119. of the Revised Code, unless the order	132706
was issued before providing an opportunity for an adjudication, in	132707
which case all of the following apply:	132708

(a) The licensee may request a hearing not later than ten	132709
days after receiving the notice specified in section 119.07 of the	132710
Revised Code.	132711

(b) If a timely request for a hearing that includes the	132712
licensee's current address is made, the hearing shall commence not	132713
later than thirty days after the department receives the request.	132714

(c) After commencing, the hearing shall continue	132715
uninterrupted, except for Saturdays, Sundays, and legal holidays,	132716
unless other interruptions are agreed to by the licensee and the	132717
director.	132718

(d) If the hearing is conducted by a hearing examiner, the	132719
hearing examiner shall file a report and recommendations not later	132720
than ten days after the last of the following:	132721

(i) The close of the hearing;

132722

(ii) If a transcript of the proceedings is ordered, the	132723
hearing examiner receives the transcript;	132724

(iii) If post-hearing briefs are timely filed, the hearing	132725
examiner receives the briefs.	132726

(e) A copy of the written report and recommendation of the	132727
hearing examiner shall be sent, by certified mail, to the licensee	132728
and the licensee's attorney, if applicable, not later than five	132729
days after the report is filed.	132730

(f) Not later than five days after the hearing examiner files	132731
the report and recommendations, the licensee may file objections	132732
to the report and recommendations.	132733

(g) Not later than fifteen days after the hearing examiner	132734
files the report and recommendations, the director shall issue an	132735
order approving, modifying, or disapproving the report and	132736
recommendations.	132737

(h) Notwithstanding the pendency of the hearing, the director	132738
shall lift the order for the suspension of admissions when the	132739
director determines that the violation that formed the basis for	132740
the order has been corrected.	132741

(G) Neither a person or government agency whose application	132742
for a license to operate a residential facility is denied nor a	132743
related party of the person or government agency may apply for a	132744
license to operate a residential facility before the date that is	132745
one year after the date of the denial. Neither a licensee whose	132746
residential facility license is revoked nor a related party of the	132747
licensee may apply for a residential facility license before the	132748
date that is five years after the date of the revocation.	132749

(H) In accordance with Chapter 119. of the Revised Code, the	132750
director shall adopt and may amend and rescind rules for licensing	132751
and regulating the operation of residential facilities, including	132752
intermediate care facilities for the mentally retarded. The rules	132753
for intermediate care facilities for the mentally retarded may	132754
differ from those for other residential facilities. The rules	132755
shall establish and specify the following:	132756

(1) Procedures and criteria for issuing and renewing	132757
licenses, including procedures and criteria for determining the	132758
length of the licensing period that the director must specify for	132759
each license when it is issued or renewed;	132760

(2) Procedures and criteria for denying, refusing to renew,	132761
terminating, and revoking licenses and for ordering the suspension	132762
of admissions to a facility, placement of a monitor at a facility,	132763
and the immediate removal of residents from a facility;	132764

(3) Fees for issuing and renewing licenses, which shall be	132765
deposited into the program fee fund created under section 5123.033	132766
of the Revised Code;	132767

(4) Procedures for surveying residential facilities;

132768

(5) Requirements for the training of residential facility	132769
personnel;	132770

(6) Classifications for the various types of residential	132771
facilities;	132772

(7) Certification procedures for licensees and management	132773
contractors that the director determines are necessary to ensure	132774
that they have the skills and qualifications to properly operate	132775
or manage residential facilities;	132776

(8) The maximum number of persons who may be served in a	132777
particular type of residential facility;	132778

(9) Uniform procedures for admission of persons to and	132779
transfers and discharges of persons from residential facilities;	132780

(10) Other standards for the operation of residential	132781
facilities and the services provided at residential facilities;	132782

(11) Procedures for waiving any provision of any rule adopted	132783
under this section.	132784

(I) Before issuing a license, the director of the department	132785
or the director's designee shall conduct a survey of the	132786
residential facility for which application is made. The director	132787
or the director's designee shall conduct a survey of each licensed	132788
residential facility at least once during the period the license	132789
is valid and may conduct additional inspections as needed. A	132790
survey includes but is not limited to an on-site examination and	132791
evaluation of the residential facility, its personnel, and the	132792
services provided there.	132793

In conducting surveys, the director or the director's	132794
designee shall be given access to the residential facility; all	132795
records, accounts, and any other documents related to the	132796
operation of the facility; the licensee; the residents of the	132797
facility; and all persons acting on behalf of, under the control	132798
of, or in connection with the licensee. The licensee and all	132799
persons on behalf of, under the control of, or in connection with	132800
the licensee shall cooperate with the director or the director's	132801
designee in conducting the survey.	132802

Following each survey, unless the director initiates a	132803
license revocation proceeding, the director or the director's	132804
designee shall provide the licensee with a report listing any	132805
deficiencies, specifying a timetable within which the licensee	132806
shall submit a plan of correction describing how the deficiencies	132807
will be corrected, and, when appropriate, specifying a timetable	132808
within which the licensee must correct the deficiencies. After a	132809
plan of correction is submitted, the director or the director's	132810
designee shall approve or disapprove the plan. A copy of the	132811
report and any approved plan of correction shall be provided to	132812
any person who requests it.	132813

The director shall initiate disciplinary action against any	132814
department employee who notifies or causes the notification to any	132815
unauthorized person of an unannounced survey of a residential	132816
facility by an authorized representative of the department.	132817

(J) In addition to any other information which may be	132818
required of applicants for a license pursuant to this section, the	132819
director shall require each applicant to provide a copy of an	132820
approved plan for a proposed residential facility pursuant to	132821
section 5123.042 of the Revised Code. This division does not apply	132822
to renewal of a license or to an applicant for an initial or	132823
modified license who meets the requirements of section 5123.193 or	132824
5123.197 of the Revised Code.	132825

(K) A licensee shall notify the owner of the building in	132826
which the licensee's residential facility is located of any	132827
significant change in the identity of the licensee or management	132828
contractor before the effective date of the change if the licensee	132829
is not the owner of the building.	132830

Pursuant to rules which shall be adopted in accordance with	132831
Chapter 119. of the Revised Code, the director may require	132832
notification to the department of any significant change in the	132833
ownership of a residential facility or in the identity of the	132834
licensee or management contractor. If the director determines that	132835
a significant change of ownership is proposed, the director shall	132836
consider the proposed change to be an application for development	132837
by a new operator pursuant to section 5123.042 of the Revised Code	132838
and shall advise the applicant within sixty days of the	132839
notification that the current license shall continue in effect or	132840
a new license will be required pursuant to this section. If the	132841
director requires a new license, the director shall permit the	132842
facility to continue to operate under the current license until	132843
the new license is issued, unless the current license is revoked,	132844
refused to be renewed, or terminated in accordance with Chapter	132845
119. of the Revised Code.	132846

(L) A county board of developmental disabilities~~, the legal~~	132847
~~rights service,~~ and any interested person may file complaints	132848
alleging violations of statute or department rule relating to	132849
residential facilities with the department. All complaints shall	132850
be in writing and shall state the facts constituting the basis of	132851
the allegation. The department shall not reveal the source of any	132852
complaint unless the complainant agrees in writing to waive the	132853
right to confidentiality or until so ordered by a court of	132854
competent jurisdiction.	132855

The department shall adopt rules in accordance with Chapter	132856
119. of the Revised Code establishing procedures for the receipt,	132857
referral, investigation, and disposition of complaints filed with	132858
the department under this division.	132859

(M) The department shall establish procedures for the	132860
notification of interested parties of the transfer or interim care	132861
of residents from residential facilities that are closing or are	132862
losing their license.	132863

(N) Before issuing a license under this section to a	132864
residential facility that will accommodate at any time more than	132865
one mentally retarded or developmentally disabled individual, the	132866
director shall, by first class mail, notify the following:	132867

(1) If the facility will be located in a municipal	132868
corporation, the clerk of the legislative authority of the	132869
municipal corporation;	132870

(2) If the facility will be located in unincorporated	132871
territory, the clerk of the appropriate board of county	132872
commissioners and the fiscal officer of the appropriate board of	132873
township trustees.	132874

The director shall not issue the license for ten days after	132875
mailing the notice, excluding Saturdays, Sundays, and legal	132876
holidays, in order to give the notified local officials time in	132877
which to comment on the proposed issuance.	132878

Any legislative authority of a municipal corporation, board	132879
of county commissioners, or board of township trustees that	132880
receives notice under this division of the proposed issuance of a	132881
license for a residential facility may comment on it in writing to	132882
the director within ten days after the director mailed the notice,	132883
excluding Saturdays, Sundays, and legal holidays. If the director	132884
receives written comments from any notified officials within the	132885
specified time, the director shall make written findings	132886
concerning the comments and the director's decision on the	132887
issuance of the license. If the director does not receive written	132888
comments from any notified local officials within the specified	132889
time, the director shall continue the process for issuance of the	132890
license.	132891

(O) Any person may operate a licensed residential facility	132892
that provides room and board, personal care, habilitation	132893
services, and supervision in a family setting for at least six but	132894
not more than eight persons with mental retardation or a	132895
developmental disability as a permitted use in any residential	132896
district or zone, including any single-family residential district	132897
or zone, of any political subdivision. These residential	132898
facilities may be required to comply with area, height, yard, and	132899
architectural compatibility requirements that are uniformly	132900
imposed upon all single-family residences within the district or	132901
zone.	132902

(P) Any person may operate a licensed residential facility	132903
that provides room and board, personal care, habilitation	132904
services, and supervision in a family setting for at least nine	132905
but not more than sixteen persons with mental retardation or a	132906
developmental disability as a permitted use in any multiple-family	132907
residential district or zone of any political subdivision, except	132908
that a political subdivision that has enacted a zoning ordinance	132909
or resolution establishing planned unit development districts may	132910
exclude these residential facilities from those districts, and a	132911
political subdivision that has enacted a zoning ordinance or	132912
resolution may regulate these residential facilities in	132913
multiple-family residential districts or zones as a conditionally	132914
permitted use or special exception, in either case, under	132915
reasonable and specific standards and conditions set out in the	132916
zoning ordinance or resolution to:	132917

(1) Require the architectural design and site layout of the	132918
residential facility and the location, nature, and height of any	132919
walls, screens, and fences to be compatible with adjoining land	132920
uses and the residential character of the neighborhood;	132921

(2) Require compliance with yard, parking, and sign	132922
regulation;	132923

(3) Limit excessive concentration of these residential	132924
facilities.	132925

(Q) This section does not prohibit a political subdivision	132926
from applying to residential facilities nondiscriminatory	132927
regulations requiring compliance with health, fire, and safety	132928
regulations and building standards and regulations.	132929

(R) Divisions (O) and (P) of this section are not applicable	132930
to municipal corporations that had in effect on June 15, 1977, an	132931
ordinance specifically permitting in residential zones licensed	132932
residential facilities by means of permitted uses, conditional	132933
uses, or special exception, so long as such ordinance remains in	132934
effect without any substantive modification.	132935

(S)(1) The director may issue an interim license to operate a	132936
residential facility to an applicant for a license under this	132937
section if either of the following is the case:	132938

(a) The director determines that an emergency exists	132939
requiring immediate placement of persons in a residential	132940
facility, that insufficient licensed beds are available, and that	132941
the residential facility is likely to receive a permanent license	132942
under this section within thirty days after issuance of the	132943
interim license.	132944

(b) The director determines that the issuance of an interim	132945
license is necessary to meet a temporary need for a residential	132946
facility.	132947

(2) To be eligible to receive an interim license, an	132948
applicant must meet the same criteria that must be met to receive	132949
a permanent license under this section, except for any differing	132950
procedures and time frames that may apply to issuance of a	132951
permanent license.	132952

(3) An interim license shall be valid for thirty days and may	132953
be renewed by the director for a period not to exceed one hundred	132954
fifty days.	132955

(4) The director shall adopt rules in accordance with Chapter	132956
119. of the Revised Code as the director considers necessary to	132957
administer the issuance of interim licenses.	132958

(T) Notwithstanding rules adopted pursuant to this section	132959
establishing the maximum number of persons who may be served in a	132960
particular type of residential facility, a residential facility	132961
shall be permitted to serve the same number of persons being	132962
served by the facility on the effective date of the rules or the	132963
number of persons for which the facility is authorized pursuant to	132964
a current application for a certificate of need with a letter of	132965
support from the department of developmental disabilities and	132966
which is in the review process prior to April 4, 1986.	132967

(U) The director or the director's designee may enter at any	132968
time, for purposes of investigation, any home, facility, or other	132969
structure that has been reported to the director or that the	132970
director has reasonable cause to believe is being operated as a	132971
residential facility without a license issued under this section.	132972

The director may petition the court of common pleas of the	132973
county in which an unlicensed residential facility is located for	132974
an order enjoining the person or governmental agency operating the	132975
facility from continuing to operate without a license. The court	132976
may grant the injunction on a showing that the person or	132977
governmental agency named in the petition is operating a	132978
residential facility without a license. The court may grant the	132979
injunction, regardless of whether the residential facility meets	132980
the requirements for receiving a license under this section.	132981

Sec. 5123.191. (A) The court of common pleas or a judge	132982
thereof in the judge's county, or the probate court, may appoint a	132983
receiver to take possession of and operate a residential facility	132984
licensed by the department of developmental disabilities, in	132985
causes pending in such courts respectively, when conditions	132986
existing at the facility present a substantial risk of physical or	132987
mental harm to residents and no other remedies at law are adequate	132988
to protect the health, safety, and welfare of the residents.	132989
Conditions at the facility that may present such risk of harm	132990
include, but are not limited to, instances when any of the	132991
following occur:	132992

(1) The residential facility is in violation of state or	132993
federal law or regulations.	132994

(2) The facility has had its license revoked or procedures	132995
for revocation have been initiated, or the facility is closing or	132996
intends to cease operations.	132997

(3) Arrangements for relocating residents need to be made.

132998

(4) Insolvency of the operator, licensee, or landowner	132999
threatens the operation of the facility.	133000

(5) The facility or operator has demonstrated a pattern and	133001
practice of repeated violations of state or federal laws or	133002
regulations.	133003

(B) A court in which a petition is filed pursuant to this	133004
section shall notify the person holding the license for the	133005
facility and the department of developmental disabilities of the	133006
filing. The court shall order the department to notify the ~~legal~~	133007
~~rights service,~~ facility owner, facility operator, county board of	133008
developmental disabilities, facility residents, and residents'	133009
parents and guardians of the filing of the petition.	133010

The court shall provide a hearing on the petition within five	133011
court days of the time it was filed, except that the court may	133012
appoint a receiver prior to that time if it determines that the	133013
circumstances necessitate such action. Following a hearing on the	133014
petition, and upon a determination that the appointment of a	133015
receiver is warranted, the court shall appoint a receiver and	133016
notify the department of developmental disabilities and	133017
appropriate persons of this action.	133018

(C) A residential facility for which a receiver has been	133019
named is deemed to be in compliance with section 5123.19 and	133020
Chapter 3721. of the Revised Code for the duration of the	133021
receivership.	133022

(D) When the operating revenue of a residential facility in	133023
receivership is insufficient to meet its operating expenses,	133024
including the cost of bringing the facility into compliance with	133025
state or federal laws or regulations, the court may order the	133026
state to provide necessary funding, except as provided in division	133027
(K) of this section. The state shall provide such funding, subject	133028
to the approval of the controlling board. The court may also order	133029
the appropriate authorities to expedite all inspections necessary	133030
for the issuance of licenses or the certification of a facility,	133031
and order a facility to be closed if it determines that reasonable	133032
efforts cannot bring the facility into substantial compliance with	133033
the law.	133034

(E) In establishing a receivership, the court shall set forth	133035
the powers and duties of the receiver. The court may generally	133036
authorize the receiver to do all that is prudent and necessary to	133037
safely and efficiently operate the residential facility within the	133038
requirements of state and federal law, but shall require the	133039
receiver to obtain court approval prior to making any single	133040
expenditure of more than five thousand dollars to correct	133041
deficiencies in the structure or furnishings of a facility. The	133042
court shall closely review the conduct of the receiver it has	133043
appointed and shall require regular and detailed reports. The	133044
receivership shall be reviewed at least every sixty days.	133045

(F) A receivership established pursuant to this section shall	133046
be terminated, following notification of the appropriate parties	133047
and a hearing, if the court determines either of the following:	133048

(1) The residential facility has been closed and the former	133049
residents have been relocated to an appropriate facility.	133050

(2) Circumstances no longer exist at the facility that	133051
present a substantial risk of physical or mental harm to	133052
residents, and there is no deficiency in the facility that is	133053
likely to create a future risk of harm.	133054

Notwithstanding division (F)(2) of this section, the court	133055
shall not terminate a receivership for a residential facility that	133056
has previously operated under another receivership unless the	133057
responsibility for the operation of the facility is transferred to	133058
an operator approved by the court and the department of	133059
developmental disabilities.	133060

(G) The department of developmental disabilities may, upon	133061
its own initiative or at the request of an owner, operator, or	133062
resident of a residential facility, or at the request of a	133063
resident's guardian or relative,or a county board of	133064
developmental disabilities~~, or the legal rights service~~, petition	133065
the court to appoint a receiver to take possession of and operate	133066
a residential facility. When the department has been requested to	133067
file a petition by any of the parties listed above, it shall,	133068
within forty-eight hours of such request, either file such a	133069
petition or notify the requesting party of its decision not to	133070
file. If the department refuses to file, the requesting party may	133071
file a petition with the court requesting the appointment of a	133072
receiver to take possession of and operate a residential facility.	133073

Petitions filed pursuant to this division shall include the	133074
following:	133075

(1) A description of the specific conditions existing at the	133076
facility which present a substantial risk of physical or mental	133077
harm to residents;	133078

(2) A statement of the absence of other adequate remedies at	133079
law;	133080

(3) The number of individuals residing at the facility;

133081

(4) A statement that the facts have been brought to the	133082
attention of the owner or licensee and that conditions have not	133083
been remedied within a reasonable period of time or that the	133084
conditions, though remedied periodically, habitually exist at the	133085
facility as a pattern or practice;	133086

(5) The name and address of the person holding the license	133087
for the facility and the address of the department of	133088
developmental disabilities.	133089

The court may award to an operator appropriate costs and	133090
expenses, including reasonable attorney's fees, if it determines	133091
that a petitioner has initiated a proceeding in bad faith or	133092
merely for the purpose of harassing or embarrassing the operator.	133093

(H) Except for the department of developmental disabilities	133094
or a county board of developmental disabilities, no party or	133095
person interested in an action shall be appointed a receiver	133096
pursuant to this section.	133097

To assist the court in identifying persons qualified to be	133098
named as receivers, the director of developmental disabilities or	133099
the director's designee shall maintain a list of the names of such	133100
persons. The director shall, in accordance with Chapter 119. of	133101
the Revised Code, establish standards for evaluating persons	133102
desiring to be included on such a list.	133103

(I) Before a receiver enters upon the duties of that person,	133104
the receiver must be sworn to perform the duties of receiver	133105
faithfully, and, with surety approved by the court, judge, or	133106
clerk, execute a bond to such person, and in such sum as the court	133107
or judge directs, to the effect that such receiver will faithfully	133108
discharge the duties of receiver in the action, and obey the	133109
orders of the court therein.	133110

(J) Under the control of the appointing court, a receiver may	133111
bring and defend actions in the receiver's own name as receiver	133112
and take and keep possession of property.	133113

The court shall authorize the receiver to do the following:

133114

(1) Collect payment for all goods and services provided to	133115
the residents or others during the period of the receivership at	133116
the same rate as was charged by the licensee at the time the	133117
petition for receivership was filed, unless a different rate is	133118
set by the court;	133119

(2) Honor all leases, mortgages, and secured transactions	133120
governing all buildings, goods, and fixtures of which the receiver	133121
has taken possession and continues to use, subject to the	133122
following conditions:	133123

(a) In the case of a rental agreement, only to the extent of	133124
payments that are for the use of the property during the period of	133125
the receivership;	133126

(b) In the case of a purchase agreement only to the extent of	133127
payments that come due during the period of the receivership.	133128

(3) If transfer of residents is necessary, provide for the	133129
orderly transfer of residents by doing the following:	133130

(a) Cooperating with all appropriate state and local agencies	133131
in carrying out the transfer of residents to alternative community	133132
placements;	133133

(b) Providing for the transportation of residents' belongings	133134
and records;	133135

(c) Helping to locate alternative placements and develop	133136
discharge plans;	133137

(d) Preparing residents for the trauma of discharge;

133138

(e) Permitting residents or guardians to participate in	133139
transfer or discharge planning except when an emergency exists and	133140
immediate transfer is necessary.	133141

(4) Make periodic reports on the status of the residential	133142
program to the appropriate state agency, county board of	133143
developmental disabilities, parents, guardians, and residents;	133144

(5) Compromise demands or claims;

133145

(6) Generally do such acts respecting the residential	133146
facility as the court authorizes.	133147

(K) Neither the receiver nor the department of developmental	133148
disabilities is liable for debts incurred by the owner or operator	133149
of a residential facility for which a receiver has been appointed.	133150

(L) The department of developmental disabilities may contract	133151
for the operation of a residential facility in receivership. The	133152
department shall establish the conditions of a contract.	133153
Notwithstanding any other provision of law, contracts that are	133154
necessary to carry out the powers and duties of the receiver need	133155
not be competitively bid.	133156

(M) The department of developmental disabilities, the	133157
department of job and family services, and the department of	133158
health shall provide technical assistance to any receiver	133159
appointed pursuant to this section.	133160

Sec. 5123.35. (A) There is hereby created the Ohio	133161
developmental disabilities council, which shall serve as an	133162
advocate for all persons with developmental disabilities. The	133163
council shall act in accordance with the "Developmental	133164
Disabilities Assistance and Bill of Rights Act," 98 Stat. 2662	133165
(1984), 42 U.S.C. 6001, as amended. The governor shall appoint the	133166
members of the council in accordance with 42 U.S.C. 6024.	133167

(B) The Ohio developmental disabilities council shall develop	133168
the state plan required by federal law as a condition of receiving	133169
federal assistance under 42 U.S.C. 6021 to 6030. The department of	133170
developmental disabilities, as the state agency selected by the	133171
governor for purposes of receiving the federal assistance, shall	133172
receive, account for, and disburse funds based on the state plan	133173
and shall provide assurances and other administrative support	133174
services required as a condition of receiving the federal	133175
assistance.	133176

(C) The federal funds may be disbursed through grants to or	133177
contracts with persons and government agencies for the provision	133178
of necessary or useful goods and services for developmentally	133179
disabled persons. The Ohio developmental disabilities council may	133180
award the grants or enter into the contracts.	133181

(D) The Ohio developmental disabilities council may award	133182
grants to or enter into contracts with a member of the council or	133183
an entity that the member represents if all of the following	133184
apply:	133185

(1) The member serves on the council as a representative of	133186
one of the principal state agencies concerned with services for	133187
persons with developmental disabilities as specified in 42 U.S.C.	133188
6024(b)(3), a representative of a university affiliated program as	133189
defined in 42 U.S.C. 6001(18), or a representative of the ~~legal~~	133190
~~rights service created under~~Ohio protection and advocacy system,	133191
as defined in section 5123.60 of the Revised Code.	133192

(2) The council determines that the member or the entity the	133193
member represents is capable of providing the goods or services	133194
specified under the terms of the grant or contract.	133195

(3) The member has not taken part in any discussion or vote	133196
of the council related to awarding the grant or entering into the	133197
contract, including service as a member of a review panel	133198
established by the council to award grants or enter into contracts	133199
or to make recommendations with regard to awarding grants or	133200
entering into contracts.	133201

(E) A member of the Ohio developmental disabilities council	133202
is not in violation of Chapter 102. or section 2921.42 of the	133203
Revised Code with regard to receiving a grant or entering into a	133204
contract under this section if the requirements of division (D) of	133205
this section have been met.	133206

Sec. 5123.60. (A) As used in this section and section	133207
5123.601 of the Revised Code, "Ohio protection and advocacy	133208
system" means the nonprofit entity designated by the governor in	133209
accordance with H.B. 153 of the 129th general assembly to serve as	133210
the state's protection and advocacy system and client assistance	133211
program.	133212

(B) The Ohio protection and advocacy system shall provide	133213
both of the following:	133214

(1) Advocacy services for people with disabilities, as	133215
provided under section 101 of the "Developmental Disabilities	133216
Assistance and Bill of Rights Act of 2000," 114 Stat. 1678 (2000),	133217
42 U.S.C. 15001;	133218

(2) A client assistance program, as provided under section	133219
112 of the "Workforce Investment Act of 1998," 112 Stat. 1163	133220
(1998), 29 U.S.C. 732, as amended.	133221

(C) The Ohio protection and advocacy system may establish any	133222
guidelines necessary for its operation.	133223

~~Sec. 5123.60.~~ Sec. 5123.601. (A) ~~A legal rights service is hereby~~	133224
~~created and established to protect and advocate the rights of~~	133225
~~mentally ill persons, mentally retarded persons, developmentally~~	133226
~~disabled persons, and other disabled persons who may be~~	133227
~~represented by the service pursuant to division (L) of this~~	133228
~~section; to receive and act upon complaints concerning~~	133229
~~institutional and hospital practices and conditions of~~	133230
~~institutions for mentally retarded or developmentally disabled~~	133231
~~persons and hospitals for the mentally ill; and to assure that all~~	133232
~~persons detained, hospitalized, discharged, or institutionalized,~~	133233
~~and all persons whose detention, hospitalization, discharge, or~~	133234
~~institutionalization is sought or has been sought under this~~	133235
~~chapter or Chapter 5122. of the Revised Code are fully informed of~~	133236
~~their rights and adequately represented by counsel in proceedings~~	133237
~~under this chapter or Chapter 5122. of the Revised Code and in any~~	133238
~~proceedings to secure the rights of those persons. Notwithstanding~~	133239
~~the definitions of "mentally retarded person" and "developmentally~~	133240
~~disabled person" in section 5123.01 of the Revised Code, the legal~~	133241
~~rights service shall determine who is a mentally retarded or~~	133242
~~developmentally disabled person for purposes of this section and~~	133243
~~sections 5123.601 to 5123.604 of the Revised Code.~~	133244

~~(B)(1) In regard to those persons detained, hospitalized, or~~	133245
~~institutionalized under Chapter 5122. of the Revised Code, the~~	133246
~~legal rights service shall undertake formal representation only of~~	133247
~~those persons who are involuntarily detained, hospitalized, or~~	133248
~~institutionalized pursuant to sections 5122.10 to 5122.15 of the~~	133249
~~Revised Code, and those voluntarily detained, hospitalized, or~~	133250
~~institutionalized who are minors, who have been adjudicated~~	133251
~~incompetent, who have been detained, hospitalized, or~~	133252
~~institutionalized in a public hospital, or who have requested~~	133253
~~representation by the legal rights service.~~	133254

~~(2) If a person referred to in division (A) of this section~~	133255
~~voluntarily requests in writing that the legal rights service~~	133256
~~terminate participation in the person's case, such involvement~~	133257
~~shall cease.~~	133258

~~(3) Persons described in divisions (A) and (B)(1) of this~~	133259
~~section who are represented by the legal rights service are~~	133260
~~clients of the legal rights service.~~	133261

~~(C) Any person voluntarily hospitalized or institutionalized~~	133262
~~in a public hospital under division (A) of section 5122.02 of the~~	133263
~~Revised Code, after being fully informed of the person's rights~~	133264
~~under division (A) of this section, may, by written request, waive~~	133265
~~assistance by the legal rights service if the waiver is knowingly~~	133266
~~and intelligently made, without duress or coercion.~~	133267

~~The waiver may be rescinded at any time by the voluntary~~	133268
~~patient or resident, or by the voluntary patient's or resident's~~	133269
~~legal guardian.~~	133270

~~(D)(1) The legal rights service commission is hereby created~~	133271
~~for the purposes of appointing an administrator of the legal~~	133272
~~rights service, advising the administrator, assisting the~~	133273
~~administrator in developing a budget, advising the administrator~~	133274
~~in establishing and annually reviewing a strategic plan, creating~~	133275
~~a procedure for filing and determination of grievances against the~~	133276
~~legal rights service, and establishing general policy guidelines,~~	133277
~~including guidelines for the commencement of litigation, for the~~	133278
~~legal rights service. The commission may adopt rules to carry~~	133279
~~these purposes into effect and may receive and act upon appeals of~~	133280
~~personnel decisions by the administrator.~~	133281

~~(2) The commission shall consist of seven members. One~~	133282
~~member, who shall serve as chairperson, shall be appointed by the~~	133283
~~chief justice of the supreme court, three members shall be~~	133284
~~appointed by the speaker of the house of representatives, and~~	133285
~~three members shall be appointed by the president of the senate.~~	133286
~~At least two members shall have experience in the field of~~	133287
~~developmental disabilities, and at least two members shall have~~	133288
~~experience in the field of mental health. No member shall be a~~	133289
~~provider or related to a provider of services to mentally~~	133290
~~retarded, developmentally disabled, or mentally ill persons.~~	133291

~~(3) Terms of office of the members of the commission shall be~~	133292
~~for three years, each term ending on the same day of the month of~~	133293
~~the year as did the term which it succeeds. Each member shall~~	133294
~~serve subsequent to the expiration of the member's term until a~~	133295
~~successor is appointed and qualifies, or until sixty days has~~	133296
~~elapsed, whichever occurs first. No member shall serve more than~~	133297
~~two consecutive terms.~~	133298

~~All vacancies in the membership of the commission shall be~~	133299
~~filled in the manner prescribed for regular appointments to the~~	133300
~~commission and shall be limited to the unexpired terms.~~	133301

~~(4) The commission shall meet at least four times each year.~~	133302
~~Members shall be reimbursed for their necessary and actual~~	133303
~~expenses incurred in the performance of their official duties.~~	133304

~~(5) The administrator of the legal rights service shall serve~~	133305
~~at the pleasure of the commission.~~	133306

~~The administrator shall be an attorney admitted to practice~~	133307
~~law in this state. The salary of the administrator shall be~~	133308
~~established in accordance with section 124.14 of the Revised Code.~~	133309

~~(E) The legal rights service shall be completely independent~~	133310
~~of the department of mental health and the department of~~	133311
~~developmental disabilities and, notwithstanding section 109.02 of~~	133312
~~the Revised Code, shall also be independent of the office of the~~	133313
~~attorney general.~~ The ~~administrator of the legal rights service,~~	133314
Ohio protection and advocacy system staff, and attorneys	133315
designated by the ~~administrator~~system to represent persons	133316
detained, hospitalized, or institutionalized under this chapter or	133317
Chapter 5122. of the Revised Code shall have ready access to all	133318
of the following:	133319

(1) During normal business hours and at other reasonable	133320
times, all records, except records of community residential	133321
facilities and records of contract agencies of county boards of	133322
developmental disabilities and boards of alcohol, drug addiction,	133323
and mental health services, relating to expenditures of state and	133324
federal funds or to the commitment, care, treatment, and	133325
habilitation of all persons represented by the ~~legal rights~~	133326
~~service~~Ohio protection and advocacy system, including those who	133327
may be represented pursuant to division ~~(L)~~(D) of this section, or	133328
persons detained, hospitalized, institutionalized, or receiving	133329
services under this chapter or Chapter 340., 5119., 5122., or	133330
5126. of the Revised Code that are records maintained by the	133331
following entities providing services for those persons:	133332
departments; institutions; hospitals; boards of alcohol, drug	133333
addiction, and mental health services; county boards of	133334
developmental disabilities; and any other entity providing	133335
services to persons who may be represented by the ~~service~~Ohio	133336
protection and advocacy system pursuant to division ~~(L)~~(D) of this	133337
section;	133338

(2) Any records maintained in computerized data banks of the	133339
departments or boards or, in the case of persons who may be	133340
represented by the ~~service~~Ohio protection and advocacy system	133341
pursuant to division ~~(L)~~(D) of this section, any other entity that	133342
provides services to those persons;	133343

(3) During their normal working hours, personnel of the	133344
departments, facilities, boards, agencies, institutions,	133345
hospitals, and other service-providing entities;	133346

(4) At any time, all persons detained, hospitalized, or	133347
institutionalized; persons receiving services under this chapter	133348
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and	133349
persons who may be represented by the ~~service~~Ohio protection and	133350
advocacy system pursuant to division ~~(L)~~(D) of this section.	133351

(5) Records of a community residential facility, a contract	133352
agency of a board of alcohol, drug addiction, and mental health	133353
services, or a contract agency of a county board of developmental	133354
disabilities with one of the following consents:	133355

(a) The consent of the person, including when the person is a	133356
minor or has been adjudicated incompetent;	133357

(b) The consent of the person's guardian of the person, if	133358
any, or the parent if the person is a minor;	133359

(c) No consent, if the person is unable to consent for any	133360
reason, and the guardian of the person, if any, or the parent of	133361
the minor, has refused to consent or has not responded to a	133362
request for consent and either of the following has occurred:	133363

(i) A complaint regarding the person has been received by the	133364
~~legal rights service~~Ohio protection and advocacy system;	133365

(ii) The ~~legal rights service~~Ohio protection and advocacy	133366
system has determined that there is probable cause to believe that	133367
such person has been subjected to abuse or neglect.	133368

~~(F) The administrator of the legal rights service shall do~~	133369
~~the following:~~	133370

~~(1) Administer and organize the work of the legal rights~~	133371
~~service and establish administrative or geographic divisions as~~	133372
~~the administrator considers necessary, proper, and expedient;~~	133373

~~(2) Adopt and promulgate rules that are not in conflict with~~	133374
~~rules adopted by the commission and prescribe duties for the~~	133375
~~efficient conduct of the business and general administration of~~	133376
~~the legal rights service;~~	133377

~~(3) Appoint and discharge employees, and hire experts,~~	133378
~~consultants, advisors, or other professionally qualified persons~~	133379
~~as the administrator considers necessary to carry out the duties~~	133380
~~of the legal rights service;~~	133381

~~(4) Apply for and accept grants of funds, and accept~~	133382
~~charitable gifts and bequests;~~	133383

~~(5) Prepare and submit a budget to the general assembly for~~	133384
~~the operation of the legal rights service. At least thirty days~~	133385
~~prior to submitting the budget to the general assembly, the~~	133386
~~administrator shall provide a copy of the budget to the commission~~	133387
~~for review and comment. When submitting the budget to the general~~	133388
~~assembly, the administrator shall include a copy of any written~~	133389
~~comments returned by the commission to the administrator.~~	133390

~~(6) Enter into contracts and make expenditures necessary for~~	133391
~~the efficient operation of the legal rights service;~~	133392

~~(7) Annually prepare a report of activities and submit copies~~	133393
~~of the report to the governor, the chief justice of the supreme~~	133394
~~court, the president of the senate, the speaker of the house of~~	133395
~~representatives, the director of mental health, and the director~~	133396
~~of developmental disabilities, and make the report available to~~	133397
~~the public;~~	133398

~~(8) Upon request of the commission or of the chairperson of~~	133399
~~the commission, report to the commission on specific litigation~~	133400
~~issues or activities.~~	133401

~~(G)(1) The legal rights service may act directly or contract~~	133402
~~with other organizations or individuals for the provision of the~~	133403
~~services envisioned under this section.~~	133404

~~(2) Whenever possible, the administrator shall attempt to~~	133405
~~facilitate the resolution of complaints through administrative~~	133406
~~channels. Subject to division (G)(3) of this section, if attempts~~	133407
~~at administrative resolution prove unsatisfactory, the~~	133408
~~administrator may pursue any legal, administrative, and other~~	133409
~~appropriate remedies or approaches that may be necessary to~~	133410
~~accomplish the purposes of this section.~~	133411

~~(3) The administrator may not pursue a class action lawsuit~~	133412
~~under division (G)(2) of this section when attempts at~~	133413
~~administrative resolution of a complaint prove unsatisfactory~~	133414
~~under that division unless both of the following have first~~	133415
~~occurred:~~	133416

~~(a) At least four members of the commission, by their~~	133417
~~affirmative vote, have consented to the pursuit of the class~~	133418
~~action lawsuit;~~	133419

~~(b) At least five members of the commission are present at~~	133420
~~the meeting of the commission at which that consent is obtained.~~	133421

~~(4) If compensation for the work of attorneys employed by the~~	133422
~~legal rights service or another agency or political subdivision of~~	133423
~~the state is awarded to the service in a class action lawsuit~~	133424
~~pursued by the service, the compensation shall be limited to the~~	133425
~~actual hourly rate of pay for that legal work.~~	133426

~~(5)~~(B) All records received or maintained by the ~~legal rights~~	133427
~~service~~Ohio protection and advocacy system in connection with any	133428
investigation, representation, or other activity under this	133429
section shall be confidential and shall not be disclosed except as	133430
authorized by the person represented by the ~~legal rights service~~	133431
Ohio protection and advocacy system or, subject to any privilege,	133432
a guardian of the person or parent of the minor. ~~Subject to~~	133433
~~division (G)(7) of this section, relationships~~Relationships	133434
between personnel and the agents of the ~~legal rights service~~Ohio	133435
protection and advocacy system and its clients shall be fiduciary	133436
relationships, and all communications shall be privileged as if	133437
between attorney and client.	133438

~~(6) Any person who has been represented by the legal rights~~	133439
~~service or who has applied for and been denied representation and~~	133440
~~who files a grievance with the service concerning the~~	133441
~~representation or application may appeal the decision of the~~	133442
~~service on the grievance to the commission. The person may appeal~~	133443
~~notwithstanding any objections of the person's legal guardian. The~~	133444
~~commission may examine any records relevant to the appeal and~~	133445
~~shall maintain the confidentiality of any records that are~~	133446
~~required to be kept confidential.~~	133447

~~(H)~~(C) The ~~legal rights service, on the order of the~~	133448
~~administrator, with the approval by an affirmative vote of at~~	133449
~~least four members of the commission,~~Ohio protection and advocacy	133450
system may compel by subpoena the appearance and sworn testimony	133451
of any person the ~~administrator~~Ohio protection and advocacy	133452
system reasonably believes may be able to provide information or	133453
to produce any documents, books, records, papers, or other	133454
information necessary to carry out its duties. On the refusal of	133455
any person to produce or authenticate any requested documents, the	133456
~~legal rights service~~Ohio protection and advocacy system may apply	133457
to the Franklin county court of common pleas to compel the	133458
production or authentication of requested documents. If the court	133459
finds that failure to produce or authenticate any requested	133460
documents was improper, the court may hold the person in contempt	133461
as in the case of disobedience of the requirements of a subpoena	133462
issued from the court, or a refusal to testify in the court.	133463

~~(I) The legal rights service may conduct public hearings.~~

133464

~~(J) The legal rights service may request from any~~	133465
~~governmental agency any cooperation, assistance, services, or data~~	133466
~~that will enable it to perform its duties.~~	133467

~~(K) In any malpractice action filed against the administrator~~	133468
~~of the legal rights service, a member of the staff of the legal~~	133469
~~rights service, or an attorney designated by the administrator to~~	133470
~~perform legal services under division (E) of this section, the~~	133471
~~state shall, when the administrator, member, or attorney has acted~~	133472
~~in good faith and in the scope of employment, indemnify the~~	133473
~~administrator, member, or attorney for any judgment awarded or~~	133474
~~amount negotiated in settlement, and for any court costs or legal~~	133475
~~fees incurred in defense of the claim.~~	133476

~~This division does not limit or waive, and shall not be~~	133477
~~construed to limit or waive, any defense that is available to the~~	133478
~~legal rights service, its administrator or employees, persons~~	133479
~~under a personal services contract with it, or persons designated~~	133480
~~under division (E) of this section, including, but not limited to,~~	133481
~~any defense available under section 9.86 of the Revised Code.~~	133482

~~(L)~~(D) In addition to providing services to mentally ill,	133483
mentally retarded, or developmentally disabled persons, when a	133484
grant authorizing the provision of services to other individuals	133485
is accepted ~~pursuant to division (F)(4) of this section~~by the	133486
Ohio protection and advocacy system, the ~~legal rights service and~~	133487
~~its ombudsperson section~~Ohio protection and advocacy system may	133488
provide advocacy ~~or ombudsperson services~~ to those other	133489
individuals and exercise any other authority granted by this	133490
section ~~or sections 5123.601 to 5123.604 of the Revised Code~~ on	133491
behalf of those individuals. Determinations of whether an	133492
individual is eligible for services under this division shall be	133493
made by the ~~legal rights service~~Ohio protection and advocacy	133494
system.	133495

Sec. 5123.602. If compensation for the work of attorneys	133496
employed by the Ohio protection and advocacy system or an agency	133497
or political subdivision of the state is awarded to the system in	133498
a class action lawsuit pursued by the system, the compensation	133499
shall be limited to the actual hourly rate of pay for that legal	133500
work.	133501

Sec. 5123.61. (A) As used in this section:

133502

(1) "Law enforcement agency" means the state highway patrol,	133503
the police department of a municipal corporation, or a county	133504
sheriff.	133505

(2) "Abuse" has the same meaning as in section 5123.50 of the	133506
Revised Code, except that it includes a misappropriation, as	133507
defined in that section.	133508

(3) "Neglect" has the same meaning as in section 5123.50 of	133509
the Revised Code.	133510

(B) The department of developmental disabilities shall	133511
establish a registry office for the purpose of maintaining reports	133512
of abuse, neglect, and other major unusual incidents made to the	133513
department under this section and reports received from county	133514
boards of developmental disabilities under section 5126.31 of the	133515
Revised Code. The department shall establish committees to review	133516
reports of abuse, neglect, and other major unusual incidents.	133517

(C)(1) Any person listed in division (C)(2) of this section,	133518
having reason to believe that a person with mental retardation or	133519
a developmental disability has suffered or faces a substantial	133520
risk of suffering any wound, injury, disability, or condition of	133521
such a nature as to reasonably indicate abuse or neglect of that	133522
person, shall immediately report or cause reports to be made of	133523
such information to the entity specified in this division. Except	133524
as provided in section 5120.173 of the Revised Code or as	133525
otherwise provided in this division, the person making the report	133526
shall make it to a law enforcement agency or to the county board	133527
of developmental disabilities. If the report concerns a resident	133528
of a facility operated by the department of developmental	133529
disabilities the report shall be made either to a law enforcement	133530
agency or to the department. If the report concerns any act or	133531
omission of an employee of a county board of developmental	133532
disabilities, the report immediately shall be made to the	133533
department and to the county board.	133534

(2) All of the following persons are required to make a	133535
report under division (C)(1) of this section:	133536

(a) Any physician, including a hospital intern or resident,	133537
any dentist, podiatrist, chiropractor, practitioner of a limited	133538
branch of medicine as specified in section 4731.15 of the Revised	133539
Code, hospital administrator or employee of a hospital, nurse	133540
licensed under Chapter 4723. of the Revised Code, employee of an	133541
ambulatory health facility as defined in section 5101.61 of the	133542
Revised Code, employee of a home health agency, employee of an	133543
adult care facility licensed under Chapter 3722. of the Revised	133544
Code, or employee of a community mental health facility;	133545

(b) Any school teacher or school authority, social worker,	133546
psychologist, attorney, peace officer, coroner, or residents'	133547
rights advocate as defined in section 3721.10 of the Revised Code;	133548

(c) A superintendent, board member, or employee of a county	133549
board of developmental disabilities; an administrator, board	133550
member, or employee of a residential facility licensed under	133551
section 5123.19 of the Revised Code; an administrator, board	133552
member, or employee of any other public or private provider of	133553
services to a person with mental retardation or a developmental	133554
disability, or any MR/DD employee, as defined in section 5123.50	133555
of the Revised Code;	133556

(d) A member of a citizen's advisory council established at	133557
an institution or branch institution of the department of	133558
developmental disabilities under section 5123.092 of the Revised	133559
Code;	133560

(e) A clergyman who is employed in a position that includes	133561
providing specialized services to an individual with mental	133562
retardation or another developmental disability, while acting in	133563
an official or professional capacity in that position, or a person	133564
who is employed in a position that includes providing specialized	133565
services to an individual with mental retardation or another	133566
developmental disability and who, while acting in an official or	133567
professional capacity, renders spiritual treatment through prayer	133568
in accordance with the tenets of an organized religion.	133569

(3)(a) The reporting requirements of this division do not	133570
apply to ~~members of the legal rights service commission or to~~	133571
employees of the ~~legal rights service~~Ohio protection and advocacy	133572
system.	133573

(b) An attorney or physician is not required to make a report	133574
pursuant to division (C)(1) of this section concerning any	133575
communication the attorney or physician receives from a client or	133576
patient in an attorney-client or physician-patient relationship,	133577
if, in accordance with division (A) or (B) of section 2317.02 of	133578
the Revised Code, the attorney or physician could not testify with	133579
respect to that communication in a civil or criminal proceeding,	133580
except that the client or patient is deemed to have waived any	133581
testimonial privilege under division (A) or (B) of section 2317.02	133582
of the Revised Code with respect to that communication and the	133583
attorney or physician shall make a report pursuant to division	133584
(C)(1) of this section, if both of the following apply:	133585

(i) The client or patient, at the time of the communication,	133586
is a person with mental retardation or a developmental disability.	133587

(ii) The attorney or physician knows or suspects, as a result	133588
of the communication or any observations made during that	133589
communication, that the client or patient has suffered or faces a	133590
substantial risk of suffering any wound, injury, disability, or	133591
condition of a nature that reasonably indicates abuse or neglect	133592
of the client or patient.	133593

(4) Any person who fails to make a report required under	133594
division (C) of this section and who is an MR/DD employee, as	133595
defined in section 5123.50 of the Revised Code, shall be eligible	133596
to be included in the registry regarding misappropriation, abuse,	133597
neglect, or other specified misconduct by MR/DD employees	133598
established under section 5123.52 of the Revised Code.	133599

(D) The reports required under division (C) of this section	133600
shall be made forthwith by telephone or in person and shall be	133601
followed by a written report. The reports shall contain the	133602
following:	133603

(1) The names and addresses of the person with mental	133604
retardation or a developmental disability and the person's	133605
custodian, if known;	133606

(2) The age of the person with mental retardation or a	133607
developmental disability;	133608

(3) Any other information that would assist in the	133609
investigation of the report.	133610

(E) When a physician performing services as a member of the	133611
staff of a hospital or similar institution has reason to believe	133612
that a person with mental retardation or a developmental	133613
disability has suffered injury, abuse, or physical neglect, the	133614
physician shall notify the person in charge of the institution or	133615
that person's designated delegate, who shall make the necessary	133616
reports.	133617

(F) Any person having reasonable cause to believe that a	133618
person with mental retardation or a developmental disability has	133619
suffered or faces a substantial risk of suffering abuse or neglect	133620
may report or cause a report to be made of that belief to the	133621
entity specified in this division. Except as provided in section	133622
5120.173 of the Revised Code or as otherwise provided in this	133623
division, the person making the report shall make it to a law	133624
enforcement agency or the county board of developmental	133625
disabilities. If the person is a resident of a facility operated	133626
by the department of developmental disabilities, the report shall	133627
be made to a law enforcement agency or to the department. If the	133628
report concerns any act or omission of an employee of a county	133629
board of developmental disabilities, the report immediately shall	133630
be made to the department and to the county board.	133631

(G)(1) Upon the receipt of a report concerning the possible	133632
abuse or neglect of a person with mental retardation or a	133633
developmental disability, the law enforcement agency shall inform	133634
the county board of developmental disabilities or, if the person	133635
is a resident of a facility operated by the department of	133636
developmental disabilities, the director of the department or the	133637
director's designee.	133638

(2) On receipt of a report under this section that includes	133639
an allegation of action or inaction that may constitute a crime	133640
under federal law or the law of this state, the department of	133641
developmental disabilities shall notify the law enforcement	133642
agency.	133643

(3) When a county board of developmental disabilities	133644
receives a report under this section that includes an allegation	133645
of action or inaction that may constitute a crime under federal	133646
law or the law of this state, the superintendent of the board or	133647
an individual the superintendent designates under division (H) of	133648
this section shall notify the law enforcement agency. The	133649
superintendent or individual shall notify the department of	133650
developmental disabilities when it receives any report under this	133651
section.	133652

(4) When a county board of developmental disabilities	133653
receives a report under this section and believes that the degree	133654
of risk to the person is such that the report is an emergency, the	133655
superintendent of the board or an employee of the board the	133656
superintendent designates shall attempt a face-to-face contact	133657
with the person with mental retardation or a developmental	133658
disability who allegedly is the victim within one hour of the	133659
board's receipt of the report.	133660

(H) The superintendent of the board may designate an	133661
individual to be responsible for notifying the law enforcement	133662
agency and the department when the county board receives a report	133663
under this section.	133664

(I) An adult with mental retardation or a developmental	133665
disability about whom a report is made may be removed from the	133666
adult's place of residence only by law enforcement officers who	133667
consider that the adult's immediate removal is essential to	133668
protect the adult from further injury or abuse or in accordance	133669
with the order of a court made pursuant to section 5126.33 of the	133670
Revised Code.	133671

(J) A law enforcement agency shall investigate each report of	133672
abuse or neglect it receives under this section. In addition, the	133673
department, in cooperation with law enforcement officials, shall	133674
investigate each report regarding a resident of a facility	133675
operated by the department to determine the circumstances	133676
surrounding the injury, the cause of the injury, and the person	133677
responsible. The investigation shall be in accordance with the	133678
memorandum of understanding prepared under section 5126.058 of the	133679
Revised Code. The department shall determine, with the registry	133680
office which shall be maintained by the department, whether prior	133681
reports have been made concerning an adult with mental retardation	133682
or a developmental disability or other principals in the case. If	133683
the department finds that the report involves action or inaction	133684
that may constitute a crime under federal law or the law of this	133685
state, it shall submit a report of its investigation, in writing,	133686
to the law enforcement agency. If the person with mental	133687
retardation or a developmental disability is an adult, with the	133688
consent of the adult, the department shall provide such protective	133689
services as are necessary to protect the adult. The law	133690
enforcement agency shall make a written report of its findings to	133691
the department.	133692

If the person is an adult and is not a resident of a facility	133693
operated by the department, the county board of developmental	133694
disabilities shall review the report of abuse or neglect in	133695
accordance with sections 5126.30 to 5126.33 of the Revised Code	133696
and the law enforcement agency shall make the written report of	133697
its findings to the county board.	133698

(K) Any person or any hospital, institution, school, health	133699
department, or agency participating in the making of reports	133700
pursuant to this section, any person participating as a witness in	133701
an administrative or judicial proceeding resulting from the	133702
reports, or any person or governmental entity that discharges	133703
responsibilities under sections 5126.31 to 5126.33 of the Revised	133704
Code shall be immune from any civil or criminal liability that	133705
might otherwise be incurred or imposed as a result of such actions	133706
except liability for perjury, unless the person or governmental	133707
entity has acted in bad faith or with malicious purpose.	133708

(L) No employer or any person with the authority to do so	133709
shall discharge, demote, transfer, prepare a negative work	133710
performance evaluation, reduce pay or benefits, terminate work	133711
privileges, or take any other action detrimental to an employee or	133712
retaliate against an employee as a result of the employee's having	133713
made a report under this section. This division does not preclude	133714
an employer or person with authority from taking action with	133715
regard to an employee who has made a report under this section if	133716
there is another reasonable basis for the action.	133717

(M) Reports made under this section are not public records as	133718
defined in section 149.43 of the Revised Code. Information	133719
contained in the reports on request shall be made available to the	133720
person who is the subject of the report, to the person's legal	133721
counsel, and to agencies authorized to receive information in the	133722
report by the department or by a county board of developmental	133723
disabilities.	133724

(N) Notwithstanding section 4731.22 of the Revised Code, the	133725
physician-patient privilege shall not be a ground for excluding	133726
evidence regarding the injuries or physical neglect of a person	133727
with mental retardation or a developmental disability or the cause	133728
thereof in any judicial proceeding resulting from a report	133729
submitted pursuant to this section.	133730

Sec. 5123.63. Every state agency, county board of	133731
developmental disabilities, or political subdivision that provides	133732
services, either directly or through a contract, to persons with	133733
mental retardation or a developmental disability shall give each	133734
provider a copy of the list of rights contained in section 5123.62	133735
of the Revised Code. Each public and private provider of services	133736
shall carry out the requirements of this section in addition to	133737
any other posting or notification requirements imposed by local,	133738
state, or federal law or rules.	133739

The provider shall make copies of the list of rights and	133740
shall be responsible for an initial distribution of the list to	133741
each individual receiving services from the provider. If the	133742
individual is unable to read the list, the provider shall	133743
communicate the contents of the list to the individual to the	133744
extent practicable in a manner that the individual understands.	133745
The individual receiving services or the parent, guardian, or	133746
advocate of the individual shall sign an acknowledgement of	133747
receipt of a copy of the list of rights, and a copy of the signed	133748
acknowledgement shall be placed in the individual's file. The	133749
provider shall also be responsible for answering any questions and	133750
giving any explanations necessary to assist the individual to	133751
understand the rights enumerated. Instruction in these rights	133752
shall be documented.	133753

Each provider shall make available to all persons receiving	133754
services and all employees and visitors a copy of the list of	133755
rights and the addresses and telephone numbers of the ~~legal rights~~	133756
~~service~~Ohio protection and advocacy system, the department of	133757
developmental disabilities, and the county board of developmental	133758
disabilities of the county in which the provider provides	133759
services.	133760

Sec. 5123.64. (A) Every provider of services to persons with	133761
mental retardation or a developmental disability shall establish	133762
policies and programs to ensure that all staff members are	133763
familiar with the rights enumerated in section 5123.62 of the	133764
Revised Code and observe those rights in their contacts with	133765
persons receiving services. Any policy, procedure, or rule of the	133766
provider that conflicts with any of the rights enumerated shall be	133767
null and void. Every provider shall establish written procedures	133768
for resolving complaints of violations of those rights. A copy of	133769
the procedures shall be provided to any person receiving services	133770
or to any parent, guardian, or advocate of a person receiving	133771
services.	133772

(B) Any person with mental retardation or a developmental	133773
disability who believes that the person's rights as enumerated in	133774
section 5123.62 of the Revised Code have been violated may:	133775

(1) Bring the violation to the attention of the provider for	133776
resolution;	133777

(2) Report the violation to the department of developmental	133778
disabilities, the ~~ombudsperson section of the legal rights service~~	133779
Ohio protection and advocacy system, or the appropriate county	133780
board of developmental disabilities;	133781

(3) Take any other appropriate action to ensure compliance	133782
with sections ~~5123.60~~5123.61 to 5123.64 of the Revised Code,	133783
including the filing of a legal action to enforce rights or to	133784
recover damages for violation of rights.	133785

Sec. 5123.69. (A) Except as provided in division ~~(E)~~(D) of	133786
this section, any person who is eighteen years of age or older and	133787
who is or believes self to be mentally retarded may make written	133788
application to the managing officer of any institution for	133789
voluntary admission. Except as provided in division ~~(E)~~(D) of this	133790
section, the application may be made on behalf of a minor by a	133791
parent or guardian, and on behalf of an adult adjudicated mentally	133792
incompetent by a guardian.	133793

(B) The managing officer of an institution, with the	133794
concurrence of the chief program director, may admit a person	133795
applying pursuant to this section only after a comprehensive	133796
evaluation has been made of the person and only if the	133797
comprehensive evaluation concludes that the person is mentally	133798
retarded and would benefit significantly from admission.	133799

(C) ~~If application for voluntary admission of a minor or of a~~	133800
~~person adjudicated mentally incompetent is made by the parent or~~	133801
~~guardian of the minor or by the guardian of an incompetent and the~~	133802
~~minor or incompetent is admitted, the probate division of the~~	133803
~~court of common pleas shall determine, upon petition by the legal~~	133804
~~rights service, whether the voluntary admission or continued~~	133805
~~institutionalization is in the best interest of the minor or~~	133806
~~incompetent.~~	133807

~~(D)~~ The managing officer shall discharge any voluntary	133808
resident if, in the judgment of the chief program director, the	133809
results of a comprehensive examination indicate that	133810
institutionalization no longer is advisable. In light of the	133811
results of the comprehensive evaluation, the managing officer also	133812
may discharge any voluntary resident if, in the judgment of the	133813
chief program director, the discharge would contribute to the most	133814
effective use of the institution in the habilitation and care of	133815
the mentally retarded.	133816

~~(E)~~(D) A person who is found incompetent to stand trial or	133817
not guilty by reason of insanity and who is committed pursuant to	133818
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	133819
Code shall not voluntarily commit self pursuant to this section	133820
until after the final termination of the commitment, as described	133821
in division (J) of section 2945.401 of the Revised Code.	133822

Sec. 5123.701. (A) Except as provided in division ~~(E)~~(D) of	133823
this section, any person in the community who is eighteen years of	133824
age or older and who is or believes self to be mentally retarded	133825
may make written application to the managing officer of any	133826
institution for temporary admission for short-term care. The	133827
application may be made on behalf of a minor by a parent or	133828
guardian, and on behalf of an adult adjudicated mentally	133829
incompetent by a guardian.	133830

(B) For purposes of this section, short-term care shall be	133831
defined to mean appropriate services provided to a person with	133832
mental retardation for no more than fourteen consecutive days and	133833
for no more than forty-two days in a fiscal year. When	133834
circumstances warrant, the fourteen-day period may be extended at	133835
the discretion of the managing officer. Short-term care is	133836
provided in a developmental center to meet the family's or	133837
caretaker's needs for separation from the person with mental	133838
retardation.	133839

(C) The managing officer of an institution, with the	133840
concurrence of the chief program director, may admit a person for	133841
short-term care only after a medical examination has been made of	133842
the person and only if the managing officer concludes that the	133843
person is mentally retarded.	133844

(D) ~~If application for admission for short-term care of a~~	133845
~~minor or of a person adjudicated mentally incompetent is made by~~	133846
~~the minor's parent or guardian or by the incompetent's guardian~~	133847
~~and the minor or incompetent is admitted, the probate division of~~	133848
~~the court of common pleas shall determine, upon petition by the~~	133849
~~legal rights service, whether the admission for short-term care is~~	133850
~~in the best interest of the minor or the incompetent.~~	133851

~~(E)~~ A person who is found not guilty by reason of insanity	133852
shall not admit self to an institution for short-term care unless	133853
a hearing was held regarding the person pursuant to division (A)	133854
of section 2945.40 of the Revised Code and either of the following	133855
applies:	133856

(1) The person was found at the hearing not to be a mentally	133857
retarded person subject to institutionalization by court order;	133858

(2) The person was found at the hearing to be a mentally	133859
retarded person subject to institutionalization by court order,	133860
was involuntarily committed, and was finally discharged.	133861

~~(F)~~(E) The mentally retarded person, liable relatives, and	133862
guardians of mentally retarded persons admitted for respite care	133863
shall pay support charges in accordance with sections 5121.01 to	133864
5121.21 of the Revised Code.	133865

~~(G)~~(F) At the conclusion of each period of short-term care,	133866
the person shall return to the person's family or caretaker. Under	133867
no circumstances shall a person admitted for short-term care	133868
according to this section remain in the institution after the	133869
period of short-term care unless the person is admitted according	133870
to section 5123.70, sections 5123.71 to 5123.76, or section	133871
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	133872
Code.	133873

Sec. 5123.86. (A) Except as provided in divisions (C), (D),	133874
(E), and (F) of this section, the chief medical officer shall	133875
provide all information, including expected physical and medical	133876
consequences, necessary to enable any resident of an institution	133877
for the mentally retarded to give a fully informed, intelligent,	133878
and knowing consent if any of the following procedures are	133879
proposed:	133880

(1) Surgery;

133881

(2) Convulsive therapy;

133882

(3) Major aversive interventions;

133883

(4) Sterilization;

133884

(5) Experimental procedures;

133885

(6) Any unusual or hazardous treatment procedures.

133886

(B) No resident shall be subjected to any of the procedures	133887
listed in division (A)(4), (5), or (6) of this section without the	133888
resident's informed consent.	133889

(C) If a resident is physically or mentally unable to receive	133890
the information required for surgery under division (A)(1) of this	133891
section, or has been adjudicated incompetent, the information may	133892
be provided to the resident's natural or court-appointed guardian,	133893
including an agency providing guardianship services under contract	133894
with the department of developmental disabilities under sections	133895
5123.55 to 5123.59 of the Revised Code, who may give the informed,	133896
intelligent, and knowing written consent for surgery. Consent for	133897
surgery shall not be provided by a guardian who is an officer or	133898
employee of the department of mental health or the department of	133899
developmental disabilities.	133900

If a resident is physically or mentally unable to receive the	133901
information required for surgery under division (A)(1) of this	133902
section and has no guardian, then the information, the	133903
recommendation of the chief medical officer, and the concurring	133904
judgment of a licensed physician who is not a full-time employee	133905
of the state may be provided to the court in the county in which	133906
the institution is located, which may approve the surgery. Before	133907
approving the surgery, the court shall notify the ~~legal rights~~	133908
~~service~~Ohio protection and advocacy system created by section	133909
5123.60 of the Revised Code, and shall notify the resident of the	133910
resident's rights to consult with counsel, to have counsel	133911
appointed by the court if the resident is indigent, and to contest	133912
the recommendation of the chief medical officer.	133913

(D) If, in the judgment of two licensed physicians, delay in	133914
obtaining consent for surgery would create a grave danger to the	133915
health of a resident, emergency surgery may be performed without	133916
the consent of the resident if the necessary information is	133917
provided to the resident's guardian, including an agency providing	133918
guardianship services under contract with the department of	133919
developmental disabilities under sections 5123.55 to 5123.59 of	133920
the Revised Code, or to the resident's spouse or next of kin to	133921
enable that person or agency to give an informed, intelligent, and	133922
knowing written consent.	133923

If the guardian, spouse, or next of kin cannot be contacted	133924
through exercise of reasonable diligence, or if the guardian,	133925
spouse, or next of kin is contacted, but refuses to consent, then	133926
the emergency surgery may be performed upon the written	133927
authorization of the chief medical officer and after court	133928
approval has been obtained. However, if delay in obtaining court	133929
approval would create a grave danger to the life of the resident,	133930
the chief medical officer may authorize surgery, in writing,	133931
without court approval. If the surgery is authorized without court	133932
approval, the chief medical officer who made the authorization and	133933
the physician who performed the surgery shall each execute an	133934
affidavit describing the circumstances constituting the emergency	133935
and warranting the surgery and the circumstances warranting their	133936
not obtaining prior court approval. The affidavit shall be filed	133937
with the court with which the request for prior approval would	133938
have been filed within five court days after the surgery, and a	133939
copy of the affidavit shall be placed in the resident's file and	133940
shall be given to the guardian, spouse, or next of kin of the	133941
resident, to the hospital at which the surgery was performed, and	133942
to the ~~legal rights service~~Ohio protection and advocacy system	133943
created by section 5123.60 of the Revised Code.	133944

(E)(1) If it is the judgment of two licensed physicians, as	133945
described in division (E)(2) of this section, that a medical	133946
emergency exists and delay in obtaining convulsive therapy creates	133947
a grave danger to the life of a resident who is both mentally	133948
retarded and mentally ill, convulsive therapy may be administered	133949
without the consent of the resident if the resident is physically	133950
or mentally unable to receive the information required for	133951
convulsive therapy and if the necessary information is provided to	133952
the resident's natural or court-appointed guardian, including an	133953
agency providing guardianship services under contract with the	133954
department of developmental disabilities under sections 5123.55 to	133955
5123.59 of the Revised Code, or to the resident's spouse or next	133956
of kin to enable that person or agency to give an informed,	133957
intelligent, and knowing written consent. If neither the	133958
resident's guardian, spouse, nor next of kin can be contacted	133959
through exercise of reasonable diligence, or if the guardian,	133960
spouse, or next of kin is contacted, but refuses to consent, then	133961
convulsive therapy may be performed upon the written authorization	133962
of the chief medical officer and after court approval has been	133963
obtained.	133964

(2) The two licensed physicians referred to in division	133965
(E)(1) of this section shall not be associated with each other in	133966
the practice of medicine or surgery by means of a partnership or	133967
corporate arrangement, other business arrangement, or employment.	133968
At least one of the physicians shall be a psychiatrist as defined	133969
in division (E) of section 5122.01 of the Revised Code.	133970

(F) Major aversive interventions shall not be used unless a	133971
resident continues to engage in behavior destructive to self or	133972
others after other forms of therapy have been attempted. ~~The~~	133973
~~director of the legal rights service created by section 5123.60 of~~	133974
~~the Revised Code shall be notified of any proposed major aversive~~	133975
~~intervention.~~ Major aversive interventions shall not be applied to	133976
a voluntary resident without the informed, intelligent, and	133977
knowing written consent of the resident or the resident's	133978
guardian, including an agency providing guardianship services	133979
under contract with the department of developmental disabilities	133980
under sections 5123.55 to 5123.59 of the Revised Code.	133981

(G)(1) This chapter does not authorize any form of compulsory	133982
medical or psychiatric treatment of any resident who is being	133983
treated by spiritual means through prayer alone in accordance with	133984
a recognized religious method of healing.	133985

(2) For purposes of this section, "convulsive therapy" does	133986
not include defibrillation.	133987

Sec. 5123.99. (A) Whoever violates section 5123.16 or	133988
5123.20 of the Revised Code is guilty of a misdemeanor of the	133989
first degree.	133990

(B) Whoever violates division (C), (E), or (G)(3) of section	133991
5123.61 of the Revised Code is guilty of a misdemeanor of the	133992
fourth degree or, if the abuse or neglect constitutes a felony, a	133993
misdemeanor of the second degree. In addition to any other	133994
sanction or penalty authorized or required by law, if a person who	133995
is convicted of or pleads guilty to a violation of division (C),	133996
(E), or (G)(3) of section 5123.61 of the Revised Code is an MR/DD	133997
employee, as defined in section 5123.50 of the Revised Code, the	133998
offender shall be eligible to be included in the registry	133999
regarding misappropriation, abuse, neglect, or other specified	134000
misconduct by MR/DD employees established under section 5123.52 of	134001
the Revised Code.	134002

~~(C) Whoever violates division (A) of section 5123.604 of the~~	134003
~~Revised Code is guilty of a misdemeanor of the second degree.~~	134004

~~(D) Whoever violates division (B) of section 5123.604 of the~~	134005
~~Revised Code shall be fined not more than one thousand dollars.~~	134006
~~Each violation constitutes a separate offense.~~	134007

Sec. 5126.33. (A) A county board of developmental	134008
disabilities may file a complaint with the probate court of the	134009
county in which an adult with mental retardation or a	134010
developmental disability resides for an order authorizing the	134011
board to arrange services described in division (C) of section	134012
5126.31 of the Revised Code for that adult if the adult is	134013
eligible to receive services or support under section 5126.041 of	134014
the Revised Code and the board has been unable to secure consent.	134015
The complaint shall include:	134016

(1) The name, age, and address of the adult;

134017

(2) Facts describing the nature of the abuse, neglect, or	134018
exploitation and supporting the board's belief that services are	134019
needed;	134020

(3) The types of services proposed by the board, as set forth	134021
in the protective service plan described in division (J) of	134022
section 5126.30 of the Revised Code and filed with the complaint;	134023

(4) Facts showing the board's attempts to obtain the consent	134024
of the adult or the adult's guardian to the services.	134025

(B) The board shall give the adult notice of the filing of	134026
the complaint and in simple and clear language shall inform the	134027
adult of the adult's rights in the hearing under division (C) of	134028
this section and explain the consequences of a court order. This	134029
notice shall be personally served upon all parties, and also shall	134030
be given to the adult's legal counsel, if any~~, and the legal~~	134031
~~rights service~~. The notice shall be given at least twenty-four	134032
hours prior to the hearing, although the court may waive this	134033
requirement upon a showing that there is a substantial risk that	134034
the adult will suffer immediate physical harm in the twenty-four	134035
hour period and that the board has made reasonable attempts to	134036
give the notice required by this division.	134037

(C) Upon the filing of a complaint for an order under this	134038
section, the court shall hold a hearing at least twenty-four hours	134039
and no later than seventy-two hours after the notice under	134040
division (B) of this section has been given unless the court has	134041
waived the notice. All parties shall have the right to be present	134042
at the hearing, present evidence, and examine and cross-examine	134043
witnesses. The Ohio Rules of Evidence shall apply to a hearing	134044
conducted pursuant to this division. The adult shall be	134045
represented by counsel unless the court finds that the adult has	134046
made a voluntary, informed, and knowing waiver of the right to	134047
counsel. If the adult is indigent, the court shall appoint counsel	134048
to represent the adult. The board shall be represented by the	134049
county prosecutor or an attorney designated by the board.	134050

(D)(1) The court shall issue an order authorizing the board	134051
to arrange the protective services if it finds, on the basis of	134052
clear and convincing evidence, all of the following:	134053

(a) The adult has been abused, neglected, or exploited;

134054

(b) The adult is incapacitated;

134055

(c) There is a substantial risk to the adult of immediate	134056
physical harm or death;	134057

(d) The adult is in need of the services;

134058

(e) No person authorized by law or court order to give	134059
consent for the adult is available or willing to consent to the	134060
services.	134061

(2) The board shall develop a detailed protective service	134062
plan describing the services that the board will provide, or	134063
arrange for the provision of, to the adult to prevent further	134064
abuse, neglect, or exploitation. The board shall submit the plan	134065
to the court for approval. The protective service plan may be	134066
changed only by court order.	134067

(3) In formulating the order, the court shall consider the	134068
individual protective service plan and shall specifically	134069
designate the services that are necessary to deal with the abuse,	134070
neglect, or exploitation or condition resulting from abuse,	134071
neglect, or exploitation and that are available locally, and	134072
authorize the board to arrange for these services only. The court	134073
shall limit the provision of these services to a period not	134074
exceeding six months, renewable for an additional six-month period	134075
on a showing by the board that continuation of the order is	134076
necessary.	134077

(E) If the court finds that all other options for meeting the	134078
adult's needs have been exhausted, it may order that the adult be	134079
removed from the adult's place of residence and placed in another	134080
residential setting. Before issuing that order, the court shall	134081
consider the adult's choice of residence and shall determine that	134082
the new residential setting is the least restrictive alternative	134083
available for meeting the adult's needs and is a place where the	134084
adult can obtain the necessary requirements for daily living in	134085
safety. The court shall not order an adult to a hospital or public	134086
hospital as defined in section 5122.01 or a state institution as	134087
defined in section 5123.01 of the Revised Code.	134088

(F) The court shall not authorize a change in an adult's	134089
placement ordered under division (E) of this section unless it	134090
finds compelling reasons to justify a change. The parties to whom	134091
notice was given in division (B) of this section shall be given	134092
notice of a proposed change at least five working days prior to	134093
the change.	134094

(G) The adult, the board, or any other person who received	134095
notice of the petition may file a motion for modification of the	134096
court order at any time.	134097

(H) The county board shall pay court costs incurred in	134098
proceedings brought pursuant to this section. The adult shall not	134099
be required to pay for court-ordered services.	134100

(I)(1) After the filing of a complaint for an order under	134101
this section, the court, prior to the final disposition, may enter	134102
any temporary order that the court finds necessary to protect the	134103
adult with mental retardation or a developmental disability from	134104
abuse, neglect, or exploitation including, but not limited to, the	134105
following:	134106

(a) A temporary protection order;

134107

(b) An order requiring the evaluation of the adult;

134108

(c) An order requiring a party to vacate the adult's place of	134109
residence or legal settlement, provided that, subject to division	134110
(K)(1)(d) of this section, no operator of a residential facility	134111
licensed by the department may be removed under this division;	134112

(d) In the circumstances described in, and in accordance with	134113
the procedures set forth in, section 5123.191 of the Revised Code,	134114
an order of the type described in that section that appoints a	134115
receiver to take possession of and operate a residential facility	134116
licensed by the department.	134117

(2) The court may grant an ex parte order pursuant to this	134118
division on its own motion or if a party files a written motion or	134119
makes an oral motion requesting the issuance of the order and	134120
stating the reasons for it if it appears to the court that the	134121
best interest and the welfare of the adult require that the court	134122
issue the order immediately. The court, if acting on its own	134123
motion, or the person requesting the granting of an ex parte	134124
order, to the extent possible, shall give notice of its intent or	134125
of the request to all parties, the adult's legal counsel, if any,	134126
~~and the legal rights service~~. If the court issues an ex parte	134127
order, the court shall hold a hearing to review the order within	134128
seventy-two hours after it is issued or before the end of the next	134129
day after the day on which it is issued, whichever occurs first.	134130
The court shall give written notice of the hearing to all parties	134131
to the action.	134132

Section 120.21. That existing sections 3721.16, 5111.709,	134133
5119.221, 5122.01, 5122.02, 5122.27, 5122.271, 5122.29, 5122.31,	134134
5122.32, 5123.092, 5123.19, 5123.191, 5123.35, 5123.60, 5123.61,	134135
5123.63, 5123.64, 5123.69, 5123.701, 5123.86, 5123.99, and 5126.33	134136
of the Revised Code are hereby repealed.	134137

Section 120.22. That sections 5123.601, 5123.602, 5123.603,	134138
5123.604, and 5123.605 of the Revised Code are hereby repealed.	134139

Section 120.23. Sections 120.20, 120.21, and 120.22 of this	134140
act take effect October 1, 2012.	134141

Section 201.10. Except as otherwise provided in this act,	134142
all appropriation items in this act are appropriated out of any	134143
moneys in the state treasury to the credit of the designated fund	134144
that are not otherwise appropriated. For all appropriations made	134145
in this act, the amounts in the first column are for fiscal year	134146
2012 and the amounts in the second column are for fiscal year	134147
2013.	134148

Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO

134149

General Services Fund Group	134150

4J80	889601	CPA Education Assistance	$	200,000	$	200,000	134151
4K90	889609	Operating Expenses	$	977,200	$	977,500	134152
TOTAL GSF General Services Fund							134153
Group			$	1,177,200	$	1,177,500	134154
TOTAL ALL BUDGET FUND GROUPS			$	1,177,200	$	1,177,500	134155

Section 205.10. ADJ ADJUTANT GENERAL

134157

General Revenue Fund	134158

GRF	745401	Ohio Military Reserve	$	12,308	$	12,308	134159
GRF	745404	Air National Guard	$	1,810,606	$	1,810,606	134160
GRF	745407	National Guard Benefits	$	400,000	$	400,000	134161
GRF	745409	Central Administration	$	2,692,098	$	2,692,098	134162
GRF	745499	Army National Guard	$	3,687,888	$	3,689,871	134163
TOTAL GRF General Revenue Fund			$	8,602,900	$	8,604,883	134164

General Services Fund Group	134165

5340	745612	Property Operations Management	$	534,304	$	534,304	134166
5360	745605	Marksmanship Activities	$	128,600	$	128,600	134167
5360	745620	Camp Perry and Buckeye Inn Operations	$	1,178,311	$	978,846	134168
5370	745604	Ohio National Guard Facilities Maintenance	$	62,000	$	62,000	134169
TOTAL GSF General Services Fund Group			$	1,903,215	$	1,703,750	134170

Federal Special Revenue Fund Group	134171

3410	745615	Air National Guard Base Security	$	2,977,692	$	2,977,692	134172
3420	745616	Army National Guard Service Agreement	$	10,970,050	$	10,970,050	134173
3E80	745628	Air National Guard Operations and Maintenance	$	16,958,595	$	16,958,595	134174
3R80	745603	Counter Drug Operations	$	25,000	$	25,000	134175
TOTAL FED Federal Special Revenue Fund Group			$	30,931,337	$	30,931,337	134176

State Special Revenue Fund Group	134177

5U80	745613		Community Match Armories		$	250,000		$	250,000		134178
TOTAL SSR State Special Revenue Fund Group					$	250,000		$	250,000		134179

TOTAL ALL BUDGET FUND GROUPS

41,687,452

41,489,970

134180

NATIONAL GUARD BENEFITS

134181

The foregoing appropriation item 745407, National Guard	134182
Benefits, shall be used for purposes of sections 5919.31 and	134183
5919.33 of the Revised Code, and for administrative costs of the	134184
associated programs.	134185

For active duty members of the Ohio National Guard who died	134186
after October 7, 2001, while performing active duty, the death	134187
benefit, pursuant to section 5919.33 of the Revised Code, shall be	134188
paid to the beneficiary or beneficiaries designated on the	134189
member's Servicemembers' Group Life Insurance Policy.	134190

STATE ACTIVE DUTY COSTS

134191

Of the foregoing appropriation item 745409, Central	134192
Administration, $50,000 in each fiscal year shall be used for the	134193
purpose of paying expenses related to state active duty of members	134194
of the Ohio organized militia, in accordance with a proclamation	134195
of the Governor. Expenses include, but are not limited to, the	134196
cost of equipment, supplies, and services, as determined by the	134197
Adjutant General's Department.	134198

Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

134199

General Revenue Fund	134200

GRF	100403	Public Employees Health Care Program	$	400,000	$	400,000	134201
GRF	100415	OAKS Rental Payments	$	23,024,500	$	23,006,300	134202
GRF	100416	STARS Lease Rental Payments	$	4,970,700	$	4,971,300	134203
GRF	100418	Web Sites and Business Gateway	$	2,895,063	$	2,795,176	134204
GRF	100419	IT Security Infrastructure	$	742,535	$	742,648	134205
GRF	100439	Equal Opportunity Certification Programs	$	625,000	$	625,000	134206
GRF	100447	OBA - Building Rent Payments	$	53,260,000	$	83,504,200	134207
GRF	100448	OBA - Building Operating Payments	$	21,000,000	$	21,000,000	134208
GRF	100449	DAS - Building Operating Payments	$	7,551,245	$	7,551,571	134209
GRF	100451	Minority Affairs	$	24,016	$	24,016	134210
GRF	102321	Construction Compliance	$	920,000	$	920,000	134211
GRF	130321	State Agency Support Services	$	2,779,457	$	2,780,032	134212
TOTAL GRF General Revenue Fund			$	118,192,516	$	148,320,243	134213

General Services Fund Group	134214

1120	100616	DAS Administration	$	5,974,625	$	5,886,524	134215
1150	100632	Central Service Agency	$	911,995	$	912,305	134216
1170	100644	General Services Division - Operating	$	13,000,000	$	13,000,000	134217
1220	100637	Fleet Management	$	3,978,827	$	4,204,066	134218
1250	100622	Human Resources Division - Operating	$	16,922,295	$	16,717,009	134219
1250	100657	Benefits Communication	$	925,586	$	921,531	134220
1280	100620	Collective Bargaining	$	3,462,529	$	3,464,148	134221
1300	100606	Risk Management Reserve	$	10,349,494	$	12,149,884	134222
1310	100639	State Architect's Office	$	9,812,132	$	9,813,342	134223
1320	100631	DAS Building Management	$	11,000,000	$	11,000,000	134224
1330	100607	IT Services Delivery	$	58,088,940	$	58,103,005	134225
1880	100649	Equal Opportunity Division - Operating	$	939,559	$	863,013	134226
2100	100612	State Printing	$	17,597,054	$	16,659,526	134227
2290	100630	IT Governance	$	14,000,000	$	14,000,000	134228
2290	100640	Leveraged Enterprise Purchases	$	3,000,000	$	3,000,000	134229
4270	100602	Investment Recovery	$	4,100,000	$	4,100,000	134230
4N60	100617	Major IT Purchases	$	1,950,000	$	4,950,000	134231
4P30	100603	DAS Information Services	$	5,047,565	$	4,979,392	134232
5C20	100605	MARCS Administration	$	14,075,705	$	14,077,467	134233
5C30	100608	Skilled Trades	$	404,297	$	404,375	134234
5EB0	100635	OAKS Support Organization	$	19,000,539	$	19,003,108	134235
5EB0	100656	OAKS Updates and Developments	$	12,265,952	$	8,743,462	134236
5HU0	100655	Construction Reform Demo Compliance	$	150,000	$	150,000	134237
5L70	100610	Professional Development	$	2,496,679	$	2,496,760	134238
5V60	100619	Employee Educational Development	$	800,000	$	850,000	134239
5X30	100634	Centralized Gateway Enhancement	$	2,052,308	$	2,052,308	134240
TOTAL GSF General Services Fund							134241
Group			$	232,306,081	$	232,501,225	134242

Federal Special Revenue Fund Group	134243

3AJ0	100654	ARRA Broadband Mapping Grant	$	270,756	$	106,347	134244
TOTAL FED Federal Special Revenue							134245
Fund Group			$	270,756	$	106,347	134246

State Special Revenue Fund Group	134247

5JQ0	100658	Professions Licensing System	$	2,000,000	$	1,000,000	134248
TOTAL SSR State Special Revenue							134249
Fund Group			$	2,000,000	$	1,000,000	134250
TOTAL ALL BUDGET FUND GROUPS			$	352,769,353	$	381,927,815	134251

Section 207.10.10. PUBLIC EMPLOYEES HEALTH CARE PROGRAM

134253

The foregoing appropriation item 100403, Public Employees	134254
Health Care Program, shall be used by the Department of	134255
Administrative Services to carry out its duties prescribed in	134256
Section 515.60 of this act.	134257

Section 207.10.20. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM

134258

The Ohio Administrative Knowledge System (OAKS) is an	134259
enterprise resource planning system that replaced the state's	134260
central services infrastructure systems, including, but not	134261
limited to, the Central Accounting System, the Human	134262
Resources/Payroll System, the Capital Improvements Projects	134263
Tracking System, the Fixed Assets Management System, and the	134264
Procurement System. The Department of Administrative Services, in	134265
conjunction with the Office of Budget and Management, may update	134266
or add functionality to the OAKS system that will support shared	134267
services, financial or human resources functions, and enterprise	134268
applications that improve the state's operational efficiency. This	134269
includes, but is not limited to, the installation and	134270
implementation of hardware and software. Any lease-purchase	134271
arrangement entered into under Chapter 125. of the Revised Code to	134272
finance the OAKS system and the enhancements described above,	134273
including any fractionalized interest therein, as defined in	134274
division (N) of section 133.01 of the Revised Code, shall provide	134275
that at the end of the lease period, the financed asset becomes	134276
the property of the state.	134277

Section 207.10.30. OAKS LEASE RENTAL PAYMENTS

134278

The foregoing appropriation item 100415, OAKS Rental	134279
Payments, shall be used for payments at the times they are	134280
required to be made for the period from July 1, 2011, through June	134281
30, 2013, pursuant to leases and agreements entered into under	134282
Chapter 125. of the Revised Code, as supplemented by Section	134283
281.10 of Am. Sub. H.B. 562 of the 127th General Assembly and	134284
other prior acts of the General Assembly, with respect to	134285
financing the costs associated with the acquisition, development,	134286
installation, and implementation of the Ohio Administrative	134287
Knowledge System. If it is determined that additional	134288
appropriations are necessary for this purpose, the amounts are	134289
hereby appropriated.	134290

Section 207.10.40. STATE TAXATION ACCOUNTING AND REVENUE	134291
SYSTEM	134292

The Department of Administrative Services, in conjunction	134293
with the Department of Taxation, may acquire the State Taxation	134294
Accounting and Revenue System (STARS) pursuant to Chapter 125. of	134295
the Revised Code, including, but not limited to, the application	134296
hardware and software and installation and implementation thereof,	134297
for the use of the Department of Taxation. STARS is an integrated	134298
tax collection and audit system that will replace all of the	134299
state's existing separate tax software and administration systems	134300
for the various taxes collected by the state. Any lease-purchase	134301
arrangement used under Chapter 125. of the Revised Code to acquire	134302
STARS, including any fractionalized interests therein as defined	134303
in division (N) of section 133.01 of the Revised Code, shall	134304
provide that at the end of the lease period, STARS becomes the	134305
property of the state.	134306

Section 207.10.50. STARS LEASE RENTAL PAYMENTS

134307

The foregoing appropriation item 100416, STARS Lease Rental	134308
Payments, shall be used for payments at the times they are	134309
required to be made for the period from July 1, 2011, through June	134310
30, 2013, pursuant to leases and agreements entered into under	134311
Chapter 125. of the Revised Code, as supplemented by Section	134312
207.10.30 of Am. Sub. H.B. 1 of the 128th General Assembly and	134313
other prior acts of the General Assembly, with respect to	134314
financing the cost for the acquisition, development, installation,	134315
and implementation of the State Taxation Accounting and Revenue	134316
System (STARS). If it is determined that additional appropriations	134317
are necessary for this purpose, the amounts are appropriated.	134318

Section 207.10.60. EQUAL OPPORTUNITY CERTIFICATION PROGRAMS

134319

The foregoing appropriation item 100439, Equal Opportunity	134320
Certification Programs, shall be used to pay costs associated with	134321
the equal employment opportunity project tracking software that	134322
were formerly paid from appropriation item 100423, EEO Project	134323
Tracking Software.	134324

Section 207.10.70. BUILDING RENT PAYMENTS

134325

The foregoing appropriation item 100447, OBA - Building Rent	134326
Payments, shall be used to meet all payments at the times they are	134327
required to be made during the period from July 1, 2011, through	134328
June 30, 2013, by the Department of Administrative Services to the	134329
Ohio Building Authority pursuant to leases and agreements under	134330
Chapter 152. of the Revised Code. These appropriations are the	134331
source of funds pledged for bond service charges on obligations	134332
issued pursuant to Chapter 152. of the Revised Code.	134333

The foregoing appropriation item 100448, OBA - Building	134334
Operating Payments, shall be used to meet all payments at the	134335
times that they are required to be made during the period from	134336
July 1, 2011, through June 30, 2013, by the Department of	134337
Administrative Services to the Ohio Building Authority pursuant to	134338
leases and agreements under Chapter 152. of the Revised Code, but	134339
limited to the aggregate amount of $42,800,000.	134340

The payments to the Ohio Building Authority are for paying	134341
the expenses of agencies that occupy space in various state	134342
facilities. The Department of Administrative Services may enter	134343
into leases and agreements with the Ohio Building Authority	134344
providing for the payment of these expenses. The Ohio Building	134345
Authority shall report to the Department of Administrative	134346
Services and the Office of Budget and Management not later than	134347
five months after the start of each fiscal year the actual	134348
expenses incurred by the Ohio Building Authority in operating the	134349
facilities and any balances remaining from payments and rentals	134350
received in the prior fiscal year. The Department of	134351
Administrative Services shall reduce subsequent payments by the	134352
amount of the balance reported to it by the Ohio Building	134353
Authority.	134354

Section 207.10.80. DAS - BUILDING OPERATING PAYMENTS

134355

The foregoing appropriation item 100449, DAS - Building	134356
Operating Payments, shall be used to pay the rent expenses of	134357
veterans organizations pursuant to section 123.024 of the Revised	134358
Code in fiscal years 2012 and 2013.	134359

The foregoing appropriation item, 100449, DAS - Building	134360
Operating Payments, also may be used to provide funding for the	134361
cost of property appraisals or building studies that the	134362
Department of Administrative Services may be required to obtain	134363
for property that is being sold by the state or property under	134364
consideration to be renovated or purchased by the state.	134365

Notwithstanding section 125.28 of the Revised Code, the	134366
remaining portion of the appropriation may be used to pay the	134367
operating expenses of state facilities maintained by the	134368
Department of Administrative Services that are not billed to	134369
building tenants. These expenses may include, but are not limited	134370
to, the costs for vacant space and space undergoing renovation,	134371
and the rent expenses of tenants that are relocated because of	134372
building renovations. These payments shall be processed by the	134373
Department of Administrative Services through intrastate transfer	134374
vouchers and placed in the Building Management Fund (Fund 1320).	134375

Section 207.10.90. CENTRAL SERVICE AGENCY FUND

134376

Appropriation item 100632, Central Service Agency, shall be	134377
used to purchase the equipment, products, and services that are	134378
needed to maintain existing automated applications for the	134379
professional licensing boards and to support board licensing	134380
functions in fiscal years 2012 and 2013 until these functions are	134381
replaced by the Ohio Professionals Licensing System. Appropriation	134382
item 100632, Central Service Agency, may also be used for these	134383
purposes for the Casino Control Commission if the commission	134384
elects to use these automated applications for its licensing	134385
functions. The Department of Administrative Services shall	134386
establish charges for recovering the costs of carrying out these	134387
functions. The charges shall be billed to the professional	134388
licensing boards, and the Casino Control Commission if applicable,	134389
and deposited via intrastate transfer vouchers to the credit of	134390
the Central Service Agency Fund (Fund 1150).	134391

Section 207.20.10. GENERAL SERVICE CHARGES

134392

The Department of Administrative Services, with the approval	134393
of the Director of Budget and Management, shall establish charges	134394
for recovering the costs of administering the programs funded by	134395
the General Services Fund (Fund 1170) and the State Printing Fund	134396
(Fund 2100). Such charges within Fund 1170 may be used to recover	134397
the cost of paying a vendor to establish reduced pricing for	134398
contracted supplies or services.	134399

If the Director of Administrative Services determines that	134400
additional amounts are necessary to pay for consulting and	134401
administrative costs related to securing lower pricing, the	134402
Director of Administrative Services may request that the Director	134403
of Budget and Management approve additional expenditures. Such	134404
approved additional amounts are appropriated to appropriation item	134405
100644, General Services Division-Operating.	134406

Section 207.20.20. COLLECTIVE BARGAINING ARBITRATION EXPENSES

134407

With approval of the Director of Budget and Management, the	134408
Department of Administrative Services may seek reimbursement from	134409
state agencies for the actual costs and expenses the Department	134410
incurs in the collective bargaining arbitration process. The	134411
reimbursements shall be processed through intrastate transfer	134412
vouchers and credited to the Collective Bargaining Fund (Fund	134413
1280).	134414

Section 207.20.30. EQUAL OPPORTUNITY PROGRAM

134415

The Department of Administrative Services, with the approval	134416
of the Director of Budget and Management, shall establish charges	134417
for recovering the costs of administering the activities supported	134418
by the State EEO Fund (Fund 1880). These charges shall be	134419
deposited to the credit of the State EEO Fund (Fund 1880) upon	134420
payment made by state agencies, state-supported or state-assisted	134421
institutions of higher education, and tax-supported agencies,	134422
municipal corporations, and other political subdivisions of the	134423
state, for services rendered.	134424

Section 207.20.40. INVESTMENT RECOVERY FUND

134425

Notwithstanding division (B) of section 125.14 of the Revised	134426
Code, cash balances in the Investment Recovery Fund (Fund 4270)	134427
may be used to support the operating expenses of the Federal	134428
Surplus Operating Program created in sections 125.84 to 125.90 of	134429
the Revised Code.	134430

Notwithstanding division (B) of section 125.14 of the Revised	134431
Code, cash balances in the Investment Recovery Fund may be used to	134432
support the operating expenses of the Asset Management Services	134433
Program, including, but not limited to, the cost of establishing	134434
and maintaining procedures for inventory records for state	134435
property as described in section 125.16 of the Revised Code.	134436

Of the foregoing appropriation item 100602, Investment	134437
Recovery, up to $2,092,697 in fiscal year 2012 and up to	134438
$2,092,697 in fiscal year 2013 may be used to pay the operating	134439
expenses of the State Surplus Property Program, the Surplus	134440
Federal Property Program, and the Asset Management Services	134441
Program under Chapter 125. of the Revised Code and this section.	134442
If additional appropriations are necessary for the operations of	134443
these programs, the Director of Administrative Services shall seek	134444
increased appropriations from the Controlling Board under section	134445
131.35 of the Revised Code.	134446

Of the foregoing appropriation item 100602, Investment	134447
Recovery, $3,500,000 in each fiscal year shall be used to transfer	134448
proceeds from the sale of surplus property from the Investment	134449
Recovery Fund to non-General Revenue Funds under division (A)(2)	134450
of section 125.14 of the Revised Code. If it is determined by the	134451
Director of Administrative Services that additional amounts are	134452
necessary for the transfer of such sale proceeds, the Director of	134453
Administrative Services may request the Director of Budget and	134454
Management to authorize additional amounts. Such authorized	134455
additional amounts are hereby appropriated.	134456

Section 207.20.50. DAS INFORMATION SERVICES

134457

There is hereby established in the State Treasury the DAS	134458
Information Services Fund. The foregoing appropriation item	134459
100603, DAS Information Services, shall be used to pay the costs	134460
of providing information systems and services in the Department of	134461
Administrative Services. Any state agency, board, or commission	134462
may use DAS Information Services by paying for the services	134463
rendered.	134464

The Department of Administrative Services shall establish	134465
user charges for all information systems and services that are	134466
allowable in the statewide indirect cost allocation plan submitted	134467
annually to the United States Department of Health and Human	134468
Services. These charges shall comply with federal regulations and	134469
shall be deposited to the credit of the DAS Information Services	134470
Fund (Fund 4P30).	134471

Section 207.20.60. PROFESSIONAL DEVELOPMENT FUND

134472

The foregoing appropriation item 100610, Professional	134473
Development, shall be used to make payments from the Professional	134474
Development Fund (Fund 5L70) under section 124.182 of the Revised	134475
Code. If it is determined by the Director of Administrative	134476
Services that additional amounts are necessary, the Director of	134477
Administrative Services may request that the Director of Budget	134478
and Management approve additional amounts. Such approved	134479
additional amounts are hereby appropriated.	134480

Section 207.20.70. EMPLOYEE EDUCATIONAL DEVELOPMENT

134481

The foregoing appropriation item 100619, Employee Educational	134482
Development, shall be used to make payments from the Employee	134483
Educational Development Fund (Fund 5V60) under section 124.86 of	134484
the Revised Code. The fund shall be used to pay the costs of	134485
administering educational programs under existing collective	134486
bargaining agreements with District 1199, the Health Care and	134487
Social Service Union; State Council of Professional Educators;	134488
Ohio Education Association and National Education Association; the	134489
Fraternal Order of Police Ohio Labor Council, Unit 2; and the Ohio	134490
State Troopers Association, Units 1 and 15.	134491

If it is determined by the Director of Administrative	134492
Services that additional amounts are necessary, the Director of	134493
Administrative Services may request that the Director of Budget	134494
and Management approve additional amounts. Such approved	134495
additional amounts are hereby appropriated.	134496

Section 207.20.80. CENTRALIZED GATEWAY ENHANCEMENT FUND

134497

(A) As used in this section, "Ohio Business Gateway" refers	134498
to the internet-based system operated by the Department of	134499
Administrative Services with the advice of the Ohio Business	134500
Gateway Steering Committee established under section 5703.57 of	134501
the Revised Code. The Ohio Business Gateway is established to	134502
provide businesses a central web site where various filings and	134503
payments are submitted online to government. The information is	134504
then distributed to the various government entities that interact	134505
with the business community.	134506

(B) As used in this section:

134507

(1) "State Portal" refers to the official web site of the	134508
state, operated by the Department of Administrative Services.	134509

(2) "Shared Hosting Environment" refers to the computerized	134510
system operated by the Department of Administrative Services for	134511
the purpose of providing capability for state agencies to host web	134512
sites.	134513

(C) There is hereby created in the state treasury the	134514
Centralized Gateway Enhancement Fund (Fund 5X30). The foregoing	134515
appropriation item 100634, Centralized Gateway Enhancement, shall	134516
be used by the Department of Administrative Services to pay the	134517
costs of enhancing, expanding, and operating the infrastructure of	134518
the Ohio Business Gateway, State Portal, and Shared Hosting	134519
Environment. The Director of Administrative Services shall submit	134520
spending plans to the Director of Budget and Management to justify	134521
operating transfers to the fund from the General Revenue Fund.	134522
Upon approval, the Director of Budget and Management shall	134523
transfer approved amounts to the fund, not to exceed the amount of	134524
the annual appropriation in each fiscal year. The spending plans	134525
may be based on the recommendations of the Ohio Business Gateway	134526
Steering Committee or its successor.	134527

Section 207.20.90. CASH TRANSFERS FROM THE MAJOR IT PURCHASES	134528
FUND	134529

Upon request of the Director of Administrative Services, the	134530
Director of Budget and Management may make the following transfers	134531
from the Major IT Purchases Fund (Fund 4N60):	134532

(1) Up to $2,800,000 in each fiscal year of the biennium to	134533
the State Architect's Fund (Fund 1310) to support the OAKS Capital	134534
Improvements Module and other costs of the State Architect's	134535
Office that are not directly related to capital projects managed	134536
by the State Architect;	134537

(2) Up to $310,276 in fiscal year 2012 and up to $305,921 in	134538
fiscal year 2013 to the Director's Office Fund (Fund 1120) to	134539
support operating expenses of the Accountability and Results	134540
Initiative.	134541

Section 207.20.93. CASH TRANSFERS FROM THE BUILDING	134542
MANAGEMENT FUND TO THE STATE ARCHITECT'S FUND	134543

Upon request of the Director of Administrative Services, the	134544
Director of Budget and Management may transfer up to $2,000,000	134545
from the Building Management Fund (Fund 1320) to the State	134546
Architect's Fund (Fund 1310) to support the OAKS Capital	134547
Improvements Module and other costs of the State Architect's	134548
Office that are not directly related to capital projects managed	134549
by the State Architect. If the cash balance in the State	134550
Architect's Fund (Fund 1310) is determined to be sufficient, the	134551
Director of Administrative Services may request that the Director	134552
of Budget and Management transfer cash from the State Architect's	134553
Fund (Fund 1310) to the Building Management Fund (Fund 1320) in an	134554
amount equal to the initial cash transfer made under this section	134555
plus applicable interest.	134556

Section 207.30.10. MULTI-AGENCY RADIO COMMUNICATION SYSTEM	134557
DEBT SERVICE PAYMENTS	134558

The Director of Administrative Services, in consultation with	134559
the Multi-Agency Radio Communication System (MARCS) Steering	134560
Committee and the Director of Budget and Management, shall	134561
determine the share of debt service payments attributable to	134562
spending for MARCS components that are not specific to any one	134563
agency and that shall be charged to agencies supported by the	134564
motor fuel tax. Such share of debt service payments shall be	134565
calculated for MARCS capital disbursements made beginning July 1,	134566
1997. Within thirty days of any payment made from appropriation	134567
item 100447, OBA - Building Rent Payments, the Director of	134568
Administrative Services shall certify to the Director of Budget	134569
and Management the amount of this share. The Director of Budget	134570
and Management shall transfer such amounts to the General Revenue	134571
Fund from the State Highway Safety Fund (Fund 7036) established in	134572
section 4501.06 of the Revised Code.	134573

The Director of Administrative Services shall consider	134574
renting or leasing existing tower sites at reasonable or current	134575
market rates, so long as these existing sites are equipped with	134576
the technical capabilities to support the MARCS project.	134577

Section 207.30.20. OHIO PROFESSIONALS LICENSING SYSTEM

134578

There is hereby created in the state treasury the Ohio	134579
Professionals Licensing System Fund (Fund 5JQ0). Appropriation	134580
item 100658, Ohio Professionals Licensing System, shall be used to	134581
make payments from the fund. The fund shall be used to purchase	134582
the equipment, products, and services necessary to develop and	134583
maintain a replacement automated licensing system for the	134584
professional licensing boards. The Director of Budget and	134585
Management may transfer up to a total of $3,000,000 in cash from	134586
the Occupational Licensing and Regulatory Fund (4K90), the State	134587
Medical Board Operating Fund (Fund 5C60), and the Casino Control	134588
Commission – Operating Fund (Fund 5HS0) if the Casino Control	134589
Commission elects to use the replacement automated licensing	134590
system, to the Ohio Professionals Licensing System Fund during the	134591
FY 2012-FY 2013 biennium. These transfers shall be in proportion	134592
to the number of current licensees, or current and anticipated	134593
licensees in the case of the Casino Control Commission if	134594
applicable. The purpose of these cash transfers is to fund the	134595
initial acquisition and development of the system. Any cash	134596
balances not expended in fiscal year 2012 are reappropriated in	134597
fiscal year 2013.	134598

Effective with the implementation of the replacement	134599
licensing system, the Department of Administrative Services shall	134600
establish charges for recovering the costs of ongoing maintenance	134601
of the system. The charges shall be billed to the professional	134602
licensing boards, and the Casino Control Commission if applicable,	134603
and deposited via intrastate transfer vouchers to the credit of	134604
the Ohio Professionals Licensing System Fund.	134605

Section 207.30.30. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY

134606

Whenever the Director of Administrative Services declares a	134607
"public exigency," as provided in division (C) of section 123.15	134608
of the Revised Code, the Director shall also notify the members of	134609
the Controlling Board.	134610

Section 209.10. AGE DEPARTMENT OF AGING

134611

General Revenue Fund	134612

GRF	490321	Operating Expenses	$	1,501,616	$	1,502,442	134613
GRF	490410	Long-Term Care Ombudsman	$	482,271	$	482,271	134614
GRF	490411	Senior Community Services	$	7,130,952	$	7,131,236	134615
GRF	490414	Alzheimer's Respite	$	1,917,740	$	1,917,757	134616
GRF	490423	Long Term Care Budget - State	$	3,419,250	$	3,419,250	134617
GRF	490506	National Senior Service Corps	$	241,413	$	241,413	134618
TOTAL GRF General Revenue Fund			$	14,693,242	$	14,694,369	134619

General Services Fund Group	134620

4800	490606	Senior Community Outreach and Education	$	372,518	$	372,523	134621
TOTAL GSF General Services Fund							134622
Group			$	372,518	$	372,523	134623

Federal Special Revenue Fund Group	134624

3220	490618	Federal Aging Grants	$	14,000,000	$	14,000,000	134625
3C40	490623	Long Term Care Budget	$	3,525,000	$	3,525,000	134626
3M40	490612	Federal Independence Services	$	63,655,080	$	63,655,080	134627
TOTAL FED Federal Special Revenue							134628
Fund Group			$	81,180,080	$	81,180,080	134629

State Special Revenue Fund Group	134630

4C40	490609	Regional Long-Term Care Ombudsman Program	$	935,000	$	935,000	134631
5BA0	490620	Ombudsman Support	$	750,000	$	750,000	134632
5K90	490613	Long Term Care Consumers Guide	$	1,059,400	$	1,059,400	134633
5W10	490616	Resident Services Coordinator Program	$	344,692	$	344,700	134634
TOTAL SSR State Special Revenue							134635
Fund Group			$	3,089,092	$	3,089,100	134636
TOTAL ALL BUDGET FUND GROUPS			$	99,334,932	$	99,336,072	134637

Section 209.20. LONG-TERM CARE

134639

Pursuant to an interagency agreement, the Department of Job	134640
and Family Services shall designate the Department of Aging to	134641
perform assessments under section 5111.204 of the Revised Code.	134642
The Department of Aging shall provide long-term care consultations	134643
under section 173.42 of the Revised Code to assist individuals in	134644
planning for their long-term health care needs.	134645

The Department of Aging shall administer the Medicaid	134646
waiver-funded PASSPORT Home Care Program, the Choices Program, the	134647
Assisted Living Program, and the PACE Program as delegated by the	134648
Department of Job and Family Services in an interagency agreement.	134649
The foregoing appropriation items 490423, Long Term Care Budget -	134650
State, and 490623, Long Term Care Budget, may be used to support	134651
the Department of Aging's administrative costs associated with	134652
operating the PASSPORT, Choices, Assisted Living, and PACE	134653
programs.	134654

Section 209.30. LONG-TERM CARE OMBUDSMAN

134655

The foregoing appropriation item 490410, Long-Term Care	134656
Ombudsman, shall be used for a program to fund ombudsman program	134657
activities as authorized in sections 173.14 to 173.27 and section	134658
173.99 of the Revised Code.	134659

SENIOR COMMUNITY SERVICES

134660

The foregoing appropriation item 490411, Senior Community	134661
Services, shall be used for services designated by the Department	134662
of Aging, including, but not limited to, home-delivered and	134663
congregate meals, transportation services, personal care services,	134664
respite services, adult day services, home repair, care	134665
coordination, and decision support systems. Service priority shall	134666
be given to low income, frail, and cognitively impaired persons 60	134667
years of age and over. The department shall promote cost sharing	134668
by service recipients for those services funded with senior	134669
community services funds, including, when possible, sliding-fee	134670
scale payment systems based on the income of service recipients.	134671

ALZHEIMER'S RESPITE

134672

The foregoing appropriation item 490414, Alzheimer's Respite,	134673
shall be used to fund only Alzheimer's disease services under	134674
section 173.04 of the Revised Code.	134675

SENIOR COMMUNITY OUTREACH AND EDUCATION

134676

The foregoing appropriation item 490606, Senior Community	134677
Outreach and Education, may be used to provide training to workers	134678
in the field of aging pursuant to division (G) of section 173.02	134679
of the Revised Code.	134680

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	134681
AND FEDERAL AGING GRANTS	134682

At the request of the Director of Aging, the Director of	134683
Budget and Management may transfer appropriation between	134684
appropriation items 490612, Federal Independence Services, and	134685
490618, Federal Aging Grants. The amounts transferred shall not	134686
exceed 30 per cent of the appropriation from which the transfer is	134687
made. Any transfers shall be reported by the Department of Aging	134688
to the Controlling Board at the next scheduled meeting of the	134689
board.	134690

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

134691

The foregoing appropriation item 490609, Regional Long-Term	134692
Care Ombudsman Program, shall be used to pay the costs of	134693
operating the regional long-term care ombudsman programs	134694
designated by the Long-Term Care Ombudsman.	134695

TRANSFER OF RESIDENT PROTECTION FUNDS

134696

In each fiscal year, the Director of Budget and Management	134697
may transfer up to $750,000 cash from the Resident Protection Fund	134698
(Fund 4E30), which is used by the Department of Job and Family	134699
Services, to the Ombudsman Support Fund (Fund 5BA0), which is used	134700
by the Department of Aging. The moneys in the Ombudsman Support	134701
Fund may be used by the state office of the Long-Term Care	134702
Ombudsman Program and by regional ombudsman programs to promote	134703
person-centered care in nursing homes.	134704

On July 1, 2011, or as soon as possible thereafter, the	134705
Department of Aging shall certify to the Director of Budget and	134706
Management the amount of the cash balance in the Ombudsman Support	134707
Fund at the end of fiscal year 2011.	134708

LONG-TERM CARE CONSUMERS GUIDE

134709

The foregoing appropriation item 490613, Long-Term Care	134710
Consumers Guide, shall be used to conduct annual customer	134711
satisfaction surveys and to pay for other administrative expenses	134712
related to the publication of the Ohio Long-Term Care Consumer	134713
Guide.	134714

During fiscal year 2012 and fiscal year 2013, the Department	134715
of Aging shall identify methods and tools for assessing consumer	134716
satisfaction with adult care facilities and with the providers of	134717
home and community-based services. The Department shall also	134718
consider the development of a provider fee structure to support	134719
the inclusion of information about adult care facilities and	134720
providers of home and community-based services among the types of	134721
providers reviewed in the Ohio Long-Term Care Consumer Guide.	134722

Section 209.40. UNIFIED LONG-TERM CARE SYSTEM ADVISORY	134723
WORKGROUP	134724

(A) As used in this section, "long-term care services" means	134725
both of the following:	134726

(1) Services of long-term care facilities as defined in	134727
section 173.14 of the Revised Code;	134728

(2) Community-based long-term care services as defined in	134729
section 173.14 of the Revised Code.	134730

(B) There is hereby created for fiscal year 2012 and fiscal	134731
year 2013 the Unified Long-Term Care System Advisory Workgroup.	134732
The Workgroup shall consist of the following members:	134733

(1) The Director of Aging, or the Director's designee;

134734

(2) The following persons appointed by the Governor:

134735

(a) Advocates for individuals who use long-term care	134736
services;	134737

(b) Representatives of providers of long-term care services;

134738

(c) Representatives of managed care organizations under	134739
contract with the Department of Job and Family Services under	134740
section 5111.17 of the Revised Code;	134741

(d) State policy makers.

134742

(3) One member of the House of Representatives from the	134743
majority party and one member of the House of Representatives from	134744
the minority party, appointed by the Speaker of the House of	134745
Representatives;	134746

(4) One member of the Senate from the majority party and one	134747
member of the Senate from the minority party, appointed by the	134748
President of the Senate.	134749

(C) Members of the Workgroup shall be appointed not later	134750
than fifteen days after the effective date of this section. Except	134751
to the extent that serving on the Workgroup is part of a member's	134752
regular employment duties, a member of the Workgroup shall not be	134753
paid for the member's service on the Workgroup. Members of the	134754
Workgroup shall not be reimbursed for their expenses incurred in	134755
serving on the Workgroup.	134756

(D) The Director of Aging or the Director's designee shall	134757
serve as chairperson of the Workgroup. The Departments of Aging	134758
and Job and Family Services shall provide staff and other support	134759
services for the Workgroup.	134760

(E) The Workgroup shall serve in an advisory capacity in the	134761
implementation of a unified system of long-term care services that	134762
facilitates all of the following:	134763

(1) Providing consumers choices of long-term care services	134764
that meet their health-care needs and improve their quality of	134765
life;	134766

(2) Providing a continuum of long-term care services that	134767
meets consumers' needs throughout life and promotes consumers'	134768
independence and autonomy;	134769

(3) Assuring that the state has a system of long-term care	134770
services that is cost effective and connects disparate services	134771
across agencies and jurisdictions.	134772

(F) The Workgroup, with the assistance of the Directors of	134773
Job and Family Services and Budget and Management, shall submit	134774
two reports to the General Assembly in accordance with section	134775
101.68 of the Revised Code regarding a unified system of long-term	134776
care services. The first report is due not later than July 1,	134777
2012. The second report is due not later than July 1, 2013. A	134778
report due before the unified system of long-term care services is	134779
established shall discuss the progress being made in establishing	134780
the system. A report due after the system is established shall	134781
discuss the system's effectiveness.	134782

Section 209.50. UNIFIED LONG-TERM CARE SYSTEM ADVISORY	134783
WORKGROUP SUBCOMMITTEES	134784

The Unified Long-Term Care System Advisory Workgroup shall	134785
convene four subcommittees.	134786

The first subcommittee shall study the current and future	134787
capacity of nursing facilities in this state, the configuration of	134788
that capacity, and strategies for addressing nursing facility	134789
capacity, including the ability of nursing facility operators to	134790
determine the number of beds to certify for participation in the	134791
Medicaid program. The subcommittee shall complete a report of the	134792
part of the study regarding the ability of nursing facility	134793
operators to determine the number of beds to certify for	134794
participation in the Medicaid program not later than September 1,	134795
2011.	134796

For purposes related to division (D) of section 5111.244 of	134797
the Revised Code, the second subcommittee shall study the quality	134798
incentive payments to be paid to nursing facilities under the	134799
Medicaid program for fiscal year 2013, including accountability	134800
measures to be used in awarding points for the quality incentive	134801
payments and the methodology for calculating the quality incentive	134802
payments. The subcommittee shall complete a report of its study	134803
not later than September 1, 2011.	134804

The third subcommittee shall study the process of making	134805
Medicaid eligibility determinations for individuals seeking	134806
nursing facility services. The subcommittee shall complete a	134807
report of its study not later than December 31, 2011.	134808

The fourth subcommittee shall study Medicaid reimbursement	134809
for nursing facility services, including issues related to the	134810
composition of peer groups, methodologies used to calculate	134811
reimbursement for capital costs, and the proportion of the total	134812
nursing facility reimbursement rate that should be based on the	134813
quality of care nursing facilities provide. The subcommittee shall	134814
complete a report of its study not later than December 31, 2012.	134815

Each subcommittee shall submit its report to the General	134816
Assembly in accordance with section 101.68 of the Revised Code and	134817
to the Directors of Aging, Health, and Job and Family Services. A	134818
subcommittee shall cease to exist on the submission of its report.	134819

Section 211.10. AGR DEPARTMENT OF AGRICULTURE

134820

General Revenue Fund	134821

GRF	700401	Animal Disease Control	$	3,936,687	$	3,936,687	134822
GRF	700403	Dairy Division	$	1,088,115	$	1,088,115	134823
GRF	700404	Ohio Proud	$	50,000	$	50,000	134824
GRF	700406	Consumer Analytical Lab	$	1,287,556	$	1,287,556	134825
GRF	700407	Food Safety	$	848,792	$	848,792	134826
GRF	700409	Farmland Preservation	$	72,750	$	72,750	134827
GRF	700412	Weights and Measures	$	600,000	$	600,000	134828
GRF	700415	Poultry Inspection	$	392,978	$	392,978	134829
GRF	700418	Livestock Regulation Program	$	1,108,071	$	1,108,071	134830
GRF	700424	Livestock Testing and Inspections	$	102,770	$	102,770	134831
GRF	700499	Meat Inspection Program - State Share	$	4,175,097	$	4,175,097	134832
GRF	700501	County Agricultural Societies	$	391,413	$	391,413	134833
TOTAL GRF General Revenue Fund			$	14,054,229	$	14,054,229	134834

General Services Fund Group	134835

5DA0	700644	Laboratory Administration Support	$	1,094,867	$	1,094,867	134836
5GH0	700655	Central Support Indirect Cost	$	4,456,842	$	4,456,842	134837
TOTAL GSF General Services Fund Group			$	5,551,709	$	5,551,709	134838

Federal Special Revenue Fund Group	134839

3260	700618	Meat Inspection Program - Federal Share	$	4,950,000	$	4,950,000	134840
3360	700617	Ohio Farm Loan Revolving Fund	$	150,000	$	150,000	134841
3820	700601	Cooperative Contracts	$	2,000,000	$	2,000,000	134842
3AB0	700641	Agricultural Easement	$	1,000,000	$	1,000,000	134843
3J40	700607	Indirect Cost	$	600,000	$	600,000	134844
3R20	700614	Federal Plant Industry	$	1,000,000	$	1,000,000	134845
TOTAL FED Federal Special Revenue							134846
Fund Group			$	9,700,000	$	9,700,000	134847

State Special Revenue Fund Group	134848

4960	700626	Ohio Grape Industries	$	846,611	$	846,611	134849
4970	700627	Commodity Handlers Regulatory Program	$	483,402	$	483,402	134850
4C90	700605	Commercial Feed and Seed	$	1,816,897	$	1,816,897	134851
4D20	700609	Auction Education	$	41,000	$	41,000	134852
4E40	700606	Utility Radiological Safety	$	131,785	$	131,785	134853
4P70	700610	Food Safety Inspection	$	1,085,836	$	1,085,836	134854
4R00	700636	Ohio Proud Marketing	$	30,500	$	30,500	134855
4R20	700637	Dairy Industry Inspection	$	1,758,247	$	1,758,247	134856
4T60	700611	Poultry and Meat Inspection	$	180,000	$	180,000	134857
4T70	700613	Ohio Proud International and Domestic Market Development	$	50,000	$	50,000	134858
5780	700620	Ride Inspection Fees	$	1,175,142	$	1,175,142	134859
5B80	700629	Auctioneers	$	359,823	$	359,823	134860
5FC0	700648	Plant Pest Program	$	1,164,000	$	1,164,000	134861
5H20	700608	Metrology Lab and Scale Certification	$	750,000	$	750,000	134862
5HP0	700656	Livestock Care Standards Board	$	80,000	$	80,000	134863
5L80	700604	Livestock Management Program	$	584,000	$	584,000	134864
6520	700634	Animal and Consumer Analytical Laboratory	$	4,366,383	$	4,366,383	134865
6690	700635	Pesticide, Fertilizer, and Lime Inspection Program	$	3,418,041	$	3,418,041	134866
TOTAL SSR State Special Revenue							134867
Fund Group			$	18,321,667	$	18,321,667	134868

Clean Ohio Conservation Fund Group	134869

7057	700632		Clean Ohio Agricultural Easement		$	310,000		$	310,000		134870
TOTAL CLF Clean Ohio Conservation Fund Group					$	310,000		$	310,000		134871

TOTAL ALL BUDGET FUND GROUPS

47,937,605

134872

COUNTY AGRICULTURAL SOCIETIES

134873

The foregoing appropriation item 700501, County Agricultural	134874
Societies, shall be used to reimburse county and independent	134875
agricultural societies for expenses related to Junior Fair	134876
activities.	134877

CLEAN OHIO AGRICULTURAL EASEMENT

134878

The foregoing appropriation item 700632, Clean Ohio	134879
Agricultural Easement, shall be used by the Department of	134880
Agriculture in administering Ohio Agricultural Easement Fund (Fund	134881
7057) projects pursuant to sections 901.21, 901.22, and 5301.67 to	134882
5301.70 of the Revised Code.	134883

Section 213.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY

134884

General Services Fund Group	134885

5EG0	898608		Energy Strategy Development		$	240,382		$	240,681		134886
TOTAL GSF General Services Fund					$	240,382		$	240,681		134887

Agency Fund Group	134888

4Z90	898602	Small Business Ombudsman	$	288,050	$	288,232	134889
5700	898601	Operating Expenses	$	323,980	$	323,980	134890
5A00	898603	Small Business Assistance	$	71,087	$	71,087	134891
TOTAL AGY Agency Fund Group			$	683,117	$	683,299	134892
TOTAL ALL BUDGET FUND GROUPS			$	923,499	$	923,980	134893

Section 213.20. ENERGY STRATEGY DEVELOPMENT

134895

The Ohio Air Quality Development Authority shall establish	134896
the Energy Strategy Development Program for the purpose of	134897
developing energy initiatives, projects, and policy for the state.	134898
Issues addressed by such initiatives, projects, and policy shall	134899
not be limited to those governed by Chapter 3706. of the Revised	134900
Code.	134901

There is hereby created in the state treasury the Energy	134902
Strategy Development Fund (Fund 5EG0). The fund shall consist of	134903
money credited to it and money obtained for advanced energy	134904
projects from federal or private grants, loans, or other sources.	134905
Money in the fund shall be used to carry out the purposes of the	134906
program. Interest earned on the money in the fund shall be	134907
credited to the General Revenue Fund.	134908

On July 1 of each fiscal year, or as soon as possible	134909
thereafter, the Director of Budget and Management may transfer	134910
cash from the funds specified below, in the amounts specified	134911
below, to the Energy Strategy Development Fund. Fund 5EG0 may	134912
accept contributions and transfers made to the fund. On July 1,	134913
2013, or as soon as possible thereafter, the Director shall	134914
transfer to the General Revenue Fund all cash credited to Fund	134915
5EG0. Upon completion of the transfer, Fund 5EG0 is abolished.	134916

Fund	Fund Name	User	FY 2012	FY 2013	134917
1170	Office Services	Department of Administrative Services	$27,405	$27,439	134918
5GH0	Central Support Indirect Cost	Department of Agriculture	$27,405	$27,439	134919
1350	Supportive Services	Department of Development	$27,405	$27,439	134920
2190	Central Support Indirect Cost	Environmental Protection Agency	$27,405	$27,439	134921
1570	Central Support Indirect Chargeback	Department of Natural Resources	$27,405	$27,439	134922
7002	Highway Operating	Department of Transportation	$39,150	$39,199	134923

Section 213.30. REIMBURSEMENT TO AIR QUALITY DEVELOPMENT	134924
AUTHORITY TRUST ACCOUNT	134925

Notwithstanding any other provision of law to the contrary,	134926
the Air Quality Development Authority may reimburse the Air	134927
Quality Development Authority trust account established under	134928
section 3706.10 of the Revised Code from all operating funds of	134929
the agency for expenses pertaining to the administration and	134930
shared costs incurred by the Air Quality Development Authority in	134931
the execution of responsibilities as prescribed in Chapter 3706.	134932
of the Revised Code. Reimbursement shall be made by voucher and	134933
completed in accordance with the administrative indirect costs	134934
allocation plan approved by the Office of Budget and Management.	134935

Section 215.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	134936
SERVICES	134937

General Revenue Fund	134938

GRF	038401	Treatment Services	$	11,225,590	$	7,020,974	134939
GRF	038404	Prevention Services	$	868,659	$	868,659	134940
GRF	038501	Medicaid Match	$	23,959,113	$	0	134941
TOTAL GRF General Revenue Fund			$	36,053,362	$	7,889,633	134942

General Services Fund	134943

5T90	038616		Problem Gambling Services		$	335,000		$	335,000		134944
TOTAL GSF General Services Fund Group					$	335,000		$	335,000		134945

Federal Special Revenue Fund Group	134946

3G40	038614	Substance Abuse Block Grant	$	69,000,000	$	69,000,000	134947
3H80	038609	Demonstration Grants	$	8,675,580	$	8,675,580	134948
3J80	038610	Medicaid	$	69,200,000	$	0	134949
3N80	038611	Administrative Reimbursement	$	300,000	$	300,000	134950
TOTAL FED Federal Special Revenue							134951
Fund Group			$	147,175,580	$	77,975,580	134952

State Special Revenue Fund Group	134953

4750	038621	Statewide Treatment and Prevention	$	16,000,000	$	14,000,000	134954
5JW0	038615	Board Match Reimbursement	$	3,000,000	$	3,000,000	134955
6890	038604	Education and Conferences	$	75,000	$	75,000	134956
TOTAL SSR State Special Revenue							134957
Fund Group			$	19,075,000	$	17,075,000	134958
TOTAL ALL BUDGET FUND GROUPS			$	202,638,942	$	103,275,213	134959

Section 215.20. ALCOHOL AND DRUG ADDICTION MEDICAID MATCH

134961

(A) As used in this section, "community alcohol and drug	134962
addiction Medicaid services" means services provided under the	134963
component, or aspect of the component, of the Medicaid program	134964
that the Department of Alcohol and Drug Addiction Services	134965
administers pursuant to a contract entered into with the	134966
Department of Job and Family Services under section 5111.91 of the	134967
Revised Code.	134968

(B) Subject to division (C) of this section, the foregoing	134969
appropriation item 038501, Medicaid Match, shall be used by the	134970
Department of Alcohol and Drug Addiction Services to make payments	134971
for community alcohol and drug addiction Medicaid services.	134972

(C) For state fiscal year 2012, the Department shall allocate	134973
foregoing appropriation item 038501, Medicaid Match, and a portion	134974
of appropriation item 038621, Statewide Treatment and Prevention,	134975
to boards of alcohol, drug addiction, and mental health services	134976
in accordance with a distribution methodology the Department shall	134977
establish. Notwithstanding sections 5111.911 and 5111.913 of the	134978
Revised Code, the boards shall use the funds allocated to them	134979
under this section to pay claims for community alcohol and drug	134980
addiction Medicaid services provided during fiscal year 2012. The	134981
boards shall use all federal financial participation that the	134982
Department receives for claims paid for community alcohol and drug	134983
addiction Medicaid services provided during fiscal year 2012 as	134984
the first payment source to pay claims for community alcohol and	134985
drug addiction Medicaid services provided during fiscal year 2012.	134986
The boards are not required to use any funds other than the funds	134987
allocated to them under this section and the federal financial	134988
participation received for claims for community alcohol and drug	134989
addiction Medicaid services provided during fiscal year 2012 to	134990
pay for such claims.	134991

(D) The Department shall enter into an agreement with each	134992
board regarding the issue of paying claims that are for community	134993
alcohol and drug addiction Medicaid services provided before July	134994
1, 2011, and submitted for payment on or after that date. Such	134995
claims shall be paid in accordance with the agreements. A board	134996
shall receive the federal financial participation received for	134997
claims for community alcohol and drug addiction Medicaid services	134998
that were provided before July 1, 2011, and paid by the board.	134999

Section 217.10. ARC ARCHITECTS BOARD

135000

General Services Fund Group	135001

4K90	891609	Operating Expenses	$	494,459	$	478,147	135002
TOTAL GSF General Services Fund							135003
Group			$	494,459	$	478,147	135004
TOTAL ALL BUDGET FUND GROUPS			$	494,459	$	478,147	135005

Section 219.10. ART OHIO ARTS COUNCIL

135007

General Revenue Fund	135008

GRF	370321	Operating Expenses	$	1,605,704	$	1,605,704	135009
GRF	370502	State Program Subsidies	$	6,000,000	$	8,000,000	135010
TOTAL GRF General Revenue Fund			$	7,605,704	$	9,605,704	135011

General Services Fund Group	135012

4600	370602	Management Expenses and Donations	$	247,000	$	247,000	135013
4B70	370603	Percent for Art Acquisitions	$	247,000	$	247,000	135014
TOTAL GSF General Services Fund Group			$	494,000	$	494,000	135015

Federal Special Revenue Fund Group	135016

3140	370601	Federal Support	$	1,000,000	$	1,000,000	135017
TOTAL FED Federal Special Revenue Fund Group			$	1,000,000	$	1,000,000	135018
TOTAL ALL BUDGET FUND GROUPS			$	9,099,704	$	11,099,704	135019

FEDERAL SUPPORT

135020

Notwithstanding any provision of law to the contrary, the	135021
foregoing appropriation item 370601, Federal Support, shall be	135022
used by the Ohio Arts Council for subsidies only, and not for its	135023
administrative costs, unless the Council is required to use a	135024
portion of the funds for administrative costs under conditions of	135025
the federal grant.	135026

Section 221.10. ATH ATHLETIC COMMISSION

135027

General Services Fund Group	135028

4K90	175609	Operating Expenses	$	281,904	$	292,509	135029
TOTAL GSF General Services Fund Group			$	281,904	$	292,509	135030
TOTAL ALL BUDGET FUND GROUPS			$	281,904	$	292,509	135031

Section 223.10. AGO ATTORNEY GENERAL

135033

General Revenue Fund	135034

GRF	055321	Operating Expenses	$	42,514,169	$	42,514,169	135035
GRF	055405	Law-Related Education	$	100,000	$	100,000	135036
GRF	055411	County Sheriffs' Pay Supplement	$	757,921	$	757,921	135037
GRF	055415	County Prosecutors' Pay Supplement	$	831,499	$	831,499	135038
TOTAL GRF General Revenue Fund			$	44,203,589	$	44,203,589	135039

General Services Fund Group	135040

1060	055612	General Reimbursement	$	43,357,968	$	43,011,277	135041
1950	055660	Workers' Compensation Section	$	8,415,504	$	8,415,504	135042
4180	055615	Charitable Foundations	$	7,286,000	$	7,286,000	135043
4200	055603	Attorney General Antitrust	$	1,871,674	$	1,839,074	135044
4210	055617	Police Officers' Training Academy Fee	$	2,124,942	$	2,088,805	135045
4Z20	055609	BCI Asset Forfeiture and Cost Reimbursement	$	1,529,685	$	1,521,731	135046
5900	055633	Peace Officer Private Security Fund	$	98,370	$	98,370	135047
5A90	055618	Telemarketing Fraud Enforcement	$	7,500	$	7,500	135048
5L50	055619	Law Enforcement Assistance Program	$	300,222	$	0	135049
6310	055637	Consumer Protection Enforcement	$	3,799,115	$	3,718,973	135050
TOTAL GSF General Services Fund							135051
Group			$	68,790,980	$	67,987,234	135052

Federal Special Revenue Fund Group	135053

3060	055620	Medicaid Fraud Control	$	4,211,235	$	4,122,399	135054
3810	055611	Civil Rights Legal Service	$	402,540	$	402,540	135055
3830	055634	Crime Victims Assistance	$	13,000,000	$	13,000,000	135056
3E50	055638	Attorney General Pass-Through Funds	$	1,223,606	$	1,222,172	135057
3R60	055613	Attorney General Federal Funds	$	3,823,251	$	3,673,251	135058
TOTAL FED Federal Special Revenue							135059
Fund Group			$	22,660,632	$	22,420,362	135060

State Special Revenue Fund Group	135061

4020	055616	Victims of Crime	$	26,000,000	$	26,000,000	135062
4170	055621	Domestic Violence Shelter	$	25,000	$	25,000	135063
4190	055623	Claims Section	$	44,197,843	$	41,953,025	135064
4L60	055606	DARE Programs	$	4,477,962	$	4,477,962	135065
4Y70	055608	Title Defect Recision	$	600,000	$	600,000	135066
6590	055641	Solid and Hazardous Waste Background Investigations	$	662,227	$	651,049	135067
TOTAL SSR State Special Revenue							135068
Fund Group			$	75,963,032	$	73,707,036	135069

Holding Account Redistribution Fund Group	135070

R004	055631	General Holding Account	$	1,000,000	$	1,000,000	135071
R005	055632	Antitrust Settlements	$	1,000	$	1,000	135072
R018	055630	Consumer Frauds	$	750,000	$	750,000	135073
R042	055601	Organized Crime Commission Distributions	$	25,025	$	25,025	135074
R054	055650	Collection Outside Counsel Payments	$	4,500,000	$	4,500,000	135075
TOTAL 090 Holding Account							135076
Redistribution Fund Group			$	6,276,025	$	6,276,025	135077

Tobacco Master Settlement Agreement Fund Group	135078

J087	055635	Law Enforcement Technology, Training, and Facility Enhancements	$	2,300,000	$	0	135079
U087	055402	Tobacco Settlement Oversight, Administration, and Enforcement	$	2,527,992	$	2,514,690	135080
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	4,827,992	$	2,514,690	135081
TOTAL ALL BUDGET FUND GROUPS			$	222,722,250	$	217,108,936	135082

COUNTY SHERIFFS' PAY SUPPLEMENT

135083

The foregoing appropriation item 055411, County Sheriffs' Pay	135084
Supplement, shall be used for the purpose of supplementing the	135085
annual compensation of county sheriffs as required by section	135086
325.06 of the Revised Code.	135087

At the request of the Attorney General, the Director of	135088
Budget and Management may transfer appropriation from	135089
appropriation item 055321, Operating Expenses, to appropriation	135090
item 055411, County Sheriffs' Pay Supplement. Any appropriation so	135091
transferred shall be used to supplement the annual compensation of	135092
county sheriffs as required by section 325.06 of the Revised Code.	135093

COUNTY PROSECUTORS' PAY SUPPLEMENT

135094

The foregoing appropriation item 055415, County Prosecutors'	135095
Pay Supplement, shall be used for the purpose of supplementing the	135096
annual compensation of certain county prosecutors as required by	135097
section 325.111 of the Revised Code.	135098

At the request of the Attorney General, the Director of	135099
Budget and Management may transfer appropriation from	135100
appropriation item 055321, Operating Expenses, to appropriation	135101
item 055415, County Prosecutors' Pay Supplement. Any appropriation	135102
so transferred shall be used to supplement the annual compensation	135103
of county prosecutors as required by section 325.111 of the	135104
Revised Code.	135105

GENERAL REIMBURSEMENT FUND

135106

Notwithstanding any other provision of law to the contrary,	135107
on July 1, 2011, or as soon as possible thereafter, the Director	135108
of Budget and Management shall transfer $160,000 cash from the	135109
General Revenue Fund to the General Reimbursement Fund (Fund 1060)	135110
used by the Office of the Attorney General.	135111

WORKERS' COMPENSATION SECTION

135112

The Workers' Compensation Fund (Fund 1950) is entitled to	135113
receive payments from the Bureau of Workers' Compensation and the	135114
Ohio Industrial Commission at the beginning of each quarter of	135115
each fiscal year to fund legal services to be provided to the	135116
Bureau of Workers' Compensation and the Ohio Industrial Commission	135117
during the ensuing quarter. The advance payment shall be subject	135118
to adjustment.	135119

In addition, the Bureau of Workers' Compensation shall	135120
transfer payments at the beginning of each quarter for the support	135121
of the Workers' Compensation Fraud Unit.	135122

All amounts shall be mutually agreed upon by the Attorney	135123
General, the Bureau of Workers' Compensation, and the Ohio	135124
Industrial Commission.	135125

ATTORNEY GENERAL PASS-THROUGH FUNDS

135126

The foregoing appropriation item 055638, Attorney General	135127
Pass-Through Funds, shall be used to receive federal grant funds	135128
provided to the Attorney General by other state agencies,	135129
including, but not limited to, the Department of Youth Services	135130
and the Department of Public Safety.	135131

GENERAL HOLDING ACCOUNT

135132

The foregoing appropriation item 055631, General Holding	135133
Account, shall be used to distribute moneys under the terms of	135134
relevant court orders or other settlements received in a variety	135135
of cases involving the Office of the Attorney General. If it is	135136
determined that additional amounts are necessary for this purpose,	135137
the amounts are hereby appropriated.	135138

ANTITRUST SETTLEMENTS

135139

The foregoing appropriation item 055632, Antitrust	135140
Settlements, shall be used to distribute moneys under the terms of	135141
relevant court orders or other out of court settlements in	135142
antitrust cases or antitrust matters involving the Office of the	135143
Attorney General. If it is determined that additional amounts are	135144
necessary for this purpose, the amounts are hereby appropriated.	135145

CONSUMER FRAUDS

135146

The foregoing appropriation item 055630, Consumer Frauds,	135147
shall be used for distribution of moneys from court-ordered	135148
judgments against sellers in actions brought by the Office of	135149
Attorney General under sections 1334.08 and 4549.48 and division	135150
(B) of section 1345.07 of the Revised Code. These moneys shall be	135151
used to provide restitution to consumers victimized by the fraud	135152
that generated the court-ordered judgments. If it is determined	135153
that additional amounts are necessary for this purpose, the	135154
amounts are hereby appropriated.	135155

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

135156

The foregoing appropriation item 055601, Organized Crime	135157
Commission Distributions, shall be used by the Organized Crime	135158
Investigations Commission, as provided by section 177.011 of the	135159
Revised Code, to reimburse political subdivisions for the expenses	135160
the political subdivisions incur when their law enforcement	135161
officers participate in an organized crime task force. If it is	135162
determined that additional amounts are necessary for this purpose,	135163
the amounts are hereby appropriated.	135164

COLLECTION OUTSIDE COUNSEL PAYMENTS

135165

The foregoing appropriation item 055650, Collection Outside	135166
Counsel Payments, shall be used for the purpose of paying	135167
contingency counsel fees for cases where debtors mistakenly paid	135168
the client agencies instead of the Attorney General's Revenue	135169
Recovery/Collections Enforcement Section. If it is determined that	135170
additional amounts are necessary for this purpose, the amounts are	135171
hereby appropriated.	135172

Section 225.10. AUD AUDITOR OF STATE

135173

General Revenue Fund	135174

GRF	070321	Operating Expenses	$	27,434,452	$	27,434,452	135175
GRF	070403	Fiscal Watch/Emergency Technical Assistance	$	800,000	$	800,000	135176
TOTAL GRF General Revenue Fund			$	28,234,452	$	28,234,452	135177

Auditor of State Fund Group	135178

1090	070601	Public Audit Expense - Intra-State	$	9,000,000	$	8,700,000	135179
4220	070602	Public Audit Expense - Local Government	$	31,422,959	$	31,052,999	135180
5840	070603	Training Program	$	181,250	$	181,250	135181
5JZ0	070606	LEAP Revolving Loans	$	850,000	$	650,000	135182
6750	070605	Uniform Accounting Network	$	3,500,000	$	3,500,000	135183
TOTAL AUD Auditor of State Fund							135184
Group			$	44,954,209	$	44,084,249	135185
TOTAL ALL BUDGET FUND GROUPS			$	73,188,661	$	72,318,701	135186

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

135187

The foregoing appropriation item 070403, Fiscal	135188
Watch/Emergency Technical Assistance, shall be used for expenses	135189
incurred by the Office of the Auditor of State in its role	135190
relating to fiscal watch or fiscal emergency activities under	135191
Chapters 118. and 3316. of the Revised Code. Expenses include, but	135192
are not limited to, the following: duties related to the	135193
determination or termination of fiscal watch or fiscal emergency	135194
of municipal corporations, counties, townships, or school	135195
districts; development of preliminary accounting reports;	135196
performance of annual forecasts; provision of performance audits;	135197
and supervisory, accounting, or auditing services for the	135198
municipal corporations, counties, townships, or school districts.	135199

An amount equal to the unexpended, unencumbered portion of	135200
appropriation item 070403, Fiscal Watch/Emergency Technical	135201
Assistance, at the end of fiscal year 2012 is hereby	135202
reappropriated for the same purpose in fiscal year 2013.	135203

Section 227.10. BRB BOARD OF BARBER EXAMINERS

135204

General Services Fund Group	135205

4K90	877609	Operating Expenses	$	656,320	$	649,211	135206
TOTAL GSF General Services Fund							135207
Group			$	656,320	$	649,211	135208
TOTAL ALL BUDGET FUND GROUPS			$	656,320	$	649,211	135209

Section 229.10. OBM OFFICE OF BUDGET AND MANAGEMENT

135211

General Revenue Fund	135212

GRF	042321	Budget Development and Implementation	$	2,362,025	$	2,378,166	135213
GRF	042409	Commission Closures	$	50,000	$	50,000	135214
GRF	042416	Office of Health Transformation	$	306,285	$	0	135215
GRF	042423	Liquor Enterprise Transaction	$	500,000	$	0	135216
TOTAL GRF General Revenue Fund			$	3,218,310	$	2,428,166	135217

General Services Fund Group	135218

1050	042603	State Accounting and Budgeting	$	21,917,230	$	22,006,331	135219
5N40	042602	OAKS Project Implementation	$	1,358,000	$	1,309,500	135220
5Z80	042608	Office of Health Transformation Administration	$	57,752	$	0	135221
TOTAL GSF General Services Fund Group			$	23,332,982	$	23,315,831	135222

Federal Special Revenue Fund Group	135223

3CM0	042606		Office of Health Transformation - Federal		$	384,037		$	145,500		135224
TOTAL FED Federal Special Revenue Fund Group					$	384,037		$	145,500		135225

Agency Fund Group	135226

5EH0	042604	Forgery Recovery	$	50,000	$	50,000	135227
TOTAL AGY Agency Fund Group			$	50,000	$	50,000	135228
TOTAL ALL BUDGET FUND GROUPS			$	26,985,329	$	25,939,497	135229

COMMISSION CLOSURES

135230

The foregoing appropriation item 042409, Commission Closures,	135231
may be used to pay obligations associated with the closure of the	135232
Commission on Dispute Resolution and Conflict Management, the	135233
School Employees Health Care Board, the Legal Rights Service, and	135234
the Workers' Compensation Council. Notwithstanding any provision	135235
of law to the contrary, this appropriation item may also be used	135236
to pay final payroll expenses occurring after the closure of the	135237
Commission on Dispute Resolution and Conflict Management, the	135238
School Employees Health Care Board, the Legal Rights Service, and	135239
the Workers' Compensation Council in the event that appropriations	135240
or cash in the closing agency are insufficient to do so.	135241

The Director of Budget and Management may request Controlling	135242
Board approval for funds to be transferred to appropriation item	135243
042409, Commission Closures, from appropriation item 911614, CB	135244
Emergency Purposes, for anticipated expenses associated with	135245
agency closures.	135246

LIQUOR ENTERPRISE TRANSACTION

135247

The foregoing appropriation item 042423, Liquor Enterprise	135248
Transaction, shall be used by the Director of Budget and	135249
Management, without need for any other approval, to retain or	135250
contract for the services of commercial appraisers, underwriters,	135251
investment bankers, and financial advisers, as are necessary in	135252
the Director's judgment to commence negotiation of the transfer	135253
agreement referred to in sections 4313.01 and 4313.02 of the	135254
Revised Code, as enacted by this act. Any amounts expended from	135255
appropriation item 042423 shall be reimbursed from the proceeds of	135256
the enterprise acquisition project transaction authorized in those	135257
sections.	135258

The Director of Budget and Management, in consultation with	135259
the Director of Commerce, may negotiate an initial agreement with	135260
JobsOhio, which shall be executed by the Directors of Budget and	135261
Management and Commerce upon its completion.	135262

AUDIT COSTS AND DUES

135263

All centralized audit costs associated with either Single	135264
Audit Schedules or financial statements prepared in conformance	135265
with generally accepted accounting principles for the state shall	135266
be paid from the foregoing appropriation item 042603, State	135267
Accounting and Budgeting.	135268

Costs associated with the audit of the Auditor of State and	135269
national association dues shall be paid from the foregoing	135270
appropriation item 042321, Budget Development and Implementation.	135271

SHARED SERVICES CENTER

135272

The Director of Budget and Management shall use the OAKS	135273
Project Implementation Fund (Fund 5N40) and the Accounting and	135274
Budgeting Fund (Fund 1050) to support a Shared Services Center	135275
within the Office of Budget and Management for the purpose of	135276
consolidating statewide business functions and common	135277
transactional processes.	135278

The Director of Budget and Management shall include the	135279
recovery of costs to operate the Shared Services Center in the	135280
accounting and budgeting services payroll rate and through a	135281
direct charge using intrastate transfer vouchers to agencies for	135282
services rendered. The Director of Budget and Management shall	135283
determine the cost recovery methodology. Such cost recovery	135284
revenues shall be deposited to the credit of Fund 1050.	135285

INTERNAL CONTROL AND AUDIT OVERSIGHT

135286

The Director of Budget and Management shall include the	135287
recovery of costs to operate the Internal Control and Audit	135288
Oversight Program in the accounting and budgeting services payroll	135289
rate and through a direct charge using intrastate transfer	135290
vouchers to agencies reviewed by the program. The Director of	135291
Budget and Management, with advice from the Internal Audit	135292
Advisory Council, shall determine the cost recovery methodology.	135293
Such cost recovery revenues shall be deposited to the credit of	135294
the Accounting and Budgeting Fund (Fund 1050).	135295

FORGERY RECOVERY

135296

The foregoing appropriation item 042604, Forgery Recovery,	135297
shall be used to reissue warrants that have been certified as	135298
forgeries by the rightful recipient as determined by the Bureau of	135299
Criminal Identification and Investigation and the Treasurer of	135300
State. Upon receipt of funds to cover the reissuance of the	135301
warrant, the Director of Budget and Management shall reissue a	135302
state warrant of the same amount.	135303

GRF TRANSFER TO THE OAKS PROJECT IMPLEMENTATION FUND

135304

On July 1 of each fiscal year, or as soon as possible	135305
thereafter, the Director of Budget and Management shall transfer	135306
an amount not to exceed $1,100,000 in cash from the General	135307
Revenue Fund to the OAKS Project Implementation Fund (Fund 5N40).	135308

Section 231.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

135309

General Revenue Fund	135310

GRF	874100	Personal Services	$	1,272,017	$	1,272,017	135311
GRF	874320	Maintenance and Equipment	$	529,391	$	529,391	135312
TOTAL GRF General Revenue Fund			$	1,801,408	$	1,801,408	135313

General Services Fund Group	135314

4G50	874603	Capitol Square Education Center and Arts	$	15,000	$	15,000	135315
4S70	874602	Statehouse Gift Shop/Events	$	686,708	$	686,708	135316
TOTAL GSF General Services							135317
Fund Group			$	701,708	$	701,708	135318

Underground Parking Garage	135319

2080	874601	Underground Parking Garage Operations	$	3,290,052	$	3,186,573	135320
TOTAL UPG Underground Parking							135321
Garage			$	3,290,052	$	3,186,573	135322
TOTAL ALL BUDGET FUND GROUPS			$	5,793,168	$	5,689,689	135323

WAREHOUSE PAYMENTS

135324

Of the foregoing appropriation item 874601, Underground	135325
Parking Garage Operations, $48,000 in each fiscal year shall be	135326
used to meet all payments at the times they are required to be	135327
made during the period from July 1, 2011, through June 30, 2013,	135328
to the Ohio Building Authority for bond service charges relating	135329
to the purchase and improvement of a warehouse acquired pursuant	135330
to section 105.41 of the Revised Code, in which to store items of	135331
the Capitol Collection Trust and, whenever necessary, equipment or	135332
other property of the Board.	135333

UNDERGROUND PARKING GARAGE FUND

135334

Notwithstanding division (G) of section 105.41 of the Revised	135335
Code and any other provision to the contrary, moneys in the	135336
Underground Parking Garage Fund (Fund 2080) may be used for	135337
personnel and operating costs related to the operations of the	135338
Statehouse and the Statehouse Underground Parking Garage.	135339

Section 233.10. SCR STATE BOARD OF CAREER COLLEGES AND	135340
SCHOOLS	135341

General Services Fund Group	135342

4K90	233601	Operating Expenses	$	558,658	$	579,328	135343
TOTAL GSF General Services Fund Group			$	558,658	$	579,328	135344
TOTAL ALL BUDGET FUND GROUPS			$	558,658	$	579,328	135345

Section 235.10. CAC CASINO CONTROL COMMISSION

135347

State Special Revenue Fund Group	135348

5HS0	955321	Casino Control - Operating	$	8,263,312	$	13,121,283	135349
TOTAL SSR State Special Revenue Fund Group			$	8,263,312	$	13,121,283	135350
TOTAL ALL BUDGET FUND GROUPS			$	8,263,312	$	13,121,283	135351

Section 237.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

135353

General Services Fund Group	135354

4K90	930609	Operating Expenses	$	433,734	$	417,827	135355
TOTAL GSF General Services Fund Group			$	433,734	$	417,827	135356
TOTAL ALL BUDGET FUND GROUPS			$	433,734	$	417,827	135357

Section 239.10. CHR STATE CHIROPRACTIC BOARD

135359

General Services Fund Group	135360

4K90	878609	Operating Expenses	$	592,916	$	584,925	135361
TOTAL GSF General Services Fund Group			$	592,916	$	584,925	135362
TOTAL ALL BUDGET FUND GROUPS			$	592,916	$	584,925	135363

Section 241.10. CIV OHIO CIVIL RIGHTS COMMISSION

135365

General Revenue Fund	135366

GRF	876321		Operating Expenses		$	4,725,784		$	4,725,784		135367
TOTAL GRF General Revenue Fund					$	4,725,784		$	4,725,784		135368

General Services Fund Group	135369

2170	876604	Operations Support	$	8,000	$	8,000	135370
TOTAL GSF General Services							135371
Fund Group			$	8,000	$	8,000	135372

Federal Special Revenue Fund Group	135373

3340	876601	Federal Programs	$	2,762,000	$	2,762,000	135374
TOTAL FED Federal Special Revenue							135375
Fund Group			$	2,762,000	$	2,762,000	135376

TOTAL ALL BUDGET FUND GROUPS

7,495,784

135377

Section 243.10. COM DEPARTMENT OF COMMERCE

135379

General Services Fund Group	135380

1630	800620	Division of Administration	$	6,200,000	$	6,200,000	135381
1630	800637	Information Technology	$	5,999,892	$	6,011,977	135382
5430	800602	Unclaimed Funds-Operating	$	7,836,107	$	7,841,473	135383
5430	800625	Unclaimed Funds-Claims	$	69,700,000	$	69,800,000	135384
5F10	800635	Small Government Fire Departments	$	300,000	$	300,000	135385
TOTAL GSF General Services Fund							135386
Group			$	90,035,999	$	90,153,450	135387

Federal Special Revenue Fund Group	135388

3480	800622	Underground Storage Tanks	$	1,129,518	$	1,129,518	135389
3480	800624	Leaking Underground Storage Tanks	$	1,556,211	$	1,556,211	135390
TOTAL FED Federal Special Revenue							135391
Fund Group			$	2,685,729	$	2,685,729	135392

State Special Revenue Fund Group	135393

4B20	800631	Real Estate Appraisal Recovery	$	35,000	$	35,000	135394
4H90	800608	Cemeteries	$	268,067	$	268,293	135395
4X20	800619	Financial Institutions	$	2,186,271	$	1,990,693	135396
5440	800612	Banks	$	7,242,364	$	6,942,336	135397
5450	800613	Savings Institutions	$	2,257,220	$	2,259,536	135398
5460	800610	Fire Marshal	$	15,400,000	$	15,501,562	135399
5460	800639	Fire Department Grants	$	1,698,802	$	1,698,802	135400
5470	800603	Real Estate Education/Research	$	125,000	$	125,000	135401
5480	800611	Real Estate Recovery	$	25,000	$	25,000	135402
5490	800614	Real Estate	$	3,413,708	$	3,332,308	135403
5500	800617	Securities	$	4,312,434	$	4,314,613	135404
5520	800604	Credit Union	$	3,450,390	$	3,450,390	135405
5530	800607	Consumer Finance	$	3,613,016	$	3,516,861	135406
5560	800615	Industrial Compliance	$	27,639,372	$	27,664,695	135407
5FW0	800616	Financial Literacy Education	$	240,000	$	240,000	135408
5GK0	800609	Securities Investor Education/Enforcement	$	1,135,000	$	485,000	135409
5HV0	800641	Cigarette Enforcement	$	120,000	$	120,000	135410
5X60	800623	Video Service	$	340,299	$	340,630	135411
6530	800629	UST Registration/Permit Fee	$	1,854,675	$	1,509,653	135412
6A40	800630	Real Estate Appraiser-Operating	$	699,565	$	648,890	135413
TOTAL SSR State Special Revenue							135414
Fund Group			$	76,056,183	$	74,469,262	135415

Liquor Control Fund Group	135416

7043	800601	Merchandising	$	472,209,274	$	0	135417
7043	800627	Liquor Control Operating	$	13,398,274	$	10,110,479	135418
7043	800633	Development Assistance Debt Service	$	51,973,200	$	0	135419
7043	800636	Revitalization Debt Service	$	21,129,800	$	0	135420
TOTAL LCF Liquor Control							135421
Fund Group			$	558,710,548	$	10,110,479	135422
TOTAL ALL BUDGET FUND GROUPS			$	727,488,459		177,418,920	135423

SMALL GOVERNMENT FIRE DEPARTMENTS

135424

Notwithstanding section 3737.17 of the Revised Code, the	135425
foregoing appropriation item 800635, Small Government Fire	135426
Departments, may be used to provide loans to private fire	135427
departments.	135428

UNCLAIMED FUNDS PAYMENTS

135429

The foregoing appropriation item 800625, Unclaimed	135430
Funds-Claims, shall be used to pay claims under section 169.08 of	135431
the Revised Code. If it is determined that additional amounts are	135432
necessary, the amounts are appropriated.	135433

UNCLAIMED FUNDS TRANSFERS

135434

Notwithstanding division (A) of section 169.05 of the Revised	135435
Code, during the FY 2012-FY 2013 biennium, the Director of Budget	135436
and Management shall request the Director of Commerce to transfer	135437
to the General Revenue Fund up to $215,000,000 of unclaimed funds	135438
that have been reported by holders of unclaimed funds under	135439
section 169.05 of the Revised Code, irrespective of the allocation	135440
of the unclaimed funds under that section. The Director of	135441
Commerce shall transfer the funds at the times requested by the	135442
Director of Budget and Management.	135443

FIRE DEPARTMENT GRANTS

135444

Of the foregoing appropriation item 800639, Fire Department	135445
Grants, up to $1,647,140 in each fiscal year shall be used to make	135446
annual grants to the following eligible recipients: volunteer fire	135447
departments, fire departments that serve one or more small	135448
municipalities or small townships, joint fire districts comprised	135449
of fire departments that primarily serve small municipalities or	135450
small townships, local units of government responsible for such	135451
fire departments, and local units of government responsible for	135452
the provision of fire protection services for small municipalities	135453
or small townships. For the purposes of these grants, a private	135454
fire company, as that phrase is defined in section 9.60 of the	135455
Revised Code, that is providing fire protection services under a	135456
contract to a political subdivision of the state, is an additional	135457
eligible recipient for a training grant.	135458

Eligible recipients that consist of small municipalities or	135459
small townships that all intend to contract with the same fire	135460
department or private fire company for fire protection services	135461
may jointly apply and be considered for a grant. If a joint	135462
applicant is awarded a grant, the State Fire Marshal shall, if	135463
feasible, proportionately award the grant and any equipment	135464
purchased with grant funds to each of the joint applicants based	135465
upon each applicant's contribution to and demonstrated need for	135466
fire protection services.	135467

If the grant awarded to joint applicants is an equipment	135468
grant and the equipment to be purchased cannot be readily	135469
distributed or possessed by multiple recipients, each of the joint	135470
applicants shall be awarded by the State Fire Marshal an ownership	135471
interest in the equipment so purchased in proportion to each	135472
applicant's contribution to and demonstrated need for fire	135473
protection services. The joint applicants shall then mutually	135474
agree on how the equipment is to be maintained, operated, stored,	135475
or disposed of. If, for any reason, the joint applicants cannot	135476
agree as to how jointly owned equipment is to be maintained,	135477
operated, stored, or disposed of or any of the joint applicants no	135478
longer maintain a contract with the same fire protection service	135479
provider as the other applicants, then the joint applicants shall,	135480
with the assistance of the State Fire Marshal, mutually agree as	135481
to how the jointly owned equipment is to be maintained, operated,	135482
stored, disposed of, or owned. If the joint applicants cannot	135483
agree how the grant equipment is to be maintained, operated,	135484
stored, disposed of, or owned, the State Fire Marshal may, in its	135485
discretion, require all of the equipment acquired by the joint	135486
applicants with grant funds to be returned to the State Fire	135487
Marshal. The State Fire Marshal may then award the returned	135488
equipment to any eligible recipients.	135489

The grants shall be used by recipients to purchase	135490
firefighting or rescue equipment or gear or similar items, to	135491
provide full or partial reimbursement for the documented costs of	135492
firefighter training, or, at the discretion of the State Fire	135493
Marshal, to cover fire department costs for providing fire	135494
protection services in that grant recipient's jurisdiction.	135495

Grant awards for firefighting or rescue equipment or gear or	135496
for fire department costs of providing fire protection services	135497
shall be up to $15,000 per fiscal year, or up to $25,000 per	135498
fiscal year if an eligible entity serves a jurisdiction in which	135499
the Governor declared a natural disaster during the preceding or	135500
current fiscal year in which the grant was awarded. In addition to	135501
any grant funds awarded for rescue equipment or gear, or for fire	135502
department costs associated with the provision of fire protection	135503
services, an eligible entity may receive a grant for up to $15,000	135504
per fiscal year for full or partial reimbursement of the	135505
documented costs of firefighter training. For each fiscal year,	135506
the State Fire Marshal shall determine the total amounts to be	135507
allocated for each eligible purpose.	135508

The grant program shall be administered by the State Fire	135509
Marshal in accordance with rules the State Fire Marshal adopts as	135510
part of the state fire code adopted pursuant to section 3737.82 of	135511
the Revised Code that are necessary for the administration and	135512
operation of the grant program. The rules may further define the	135513
entities eligible to receive grants and establish criteria for the	135514
awarding and expenditure of grant funds, including methods the	135515
State Fire Marshal may use to verify the proper use of grant funds	135516
or to obtain reimbursement for or the return of equipment for	135517
improperly used grant funds. Any amounts in appropriation item	135518
800639, Fire Department Grants, in excess of the amount allocated	135519
for these grants may be used for the administration of the grant	135520
program.	135521

CASH TRANSFERS TO THE DIVISION OF SECURITIES INVESTOR	135522
EDUCATION AND ENFORCEMENT EXPENSE FUND	135523

The Director of Budget and Management, upon the request of	135524
the Director of Commerce, shall transfer up to $485,000 in cash in	135525
each fiscal year from the Division of Securities Fund (Fund 5500)	135526
to the Division of Securities Investor Education and Enforcement	135527
Expense Fund (Fund 5GK0) created in section 1707.37 of the Revised	135528
Code.	135529

CASH TRANSFER TO VIDEO SERVICE AUTHORIZATION FUND

135530

The Director of Budget and Management, upon the request of	135531
the Director of Commerce, shall transfer up to $340,000 in cash in	135532
each fiscal year from the Division of Administration Fund (Fund	135533
1630) to the Video Service Authorization Fund (Fund 5X60).	135534

INCREASED APPROPRIATION - MERCHANDISING

135535

The foregoing appropriation item 800601, Merchandising, shall	135536
be used under section 4301.12 of the Revised Code. If it is	135537
determined that additional expenditures are necessary, the amounts	135538
are hereby appropriated.	135539

DEVELOPMENT ASSISTANCE DEBT SERVICE

135540

The foregoing appropriation item 800633, Development	135541
Assistance Debt Service, shall be used to pay debt service and	135542
related financing costs at the times they are required to be made	135543
during the period from July 1, 2011, to June 30, 2012, for bond	135544
service charges on obligations issued under Chapter 166. of the	135545
Revised Code. If it is determined that additional appropriations	135546
are necessary for this purpose, such amounts are appropriated,	135547
subject to the limitations set forth in section 166.11 of the	135548
Revised Code. An appropriation for this purpose is not required,	135549
but is made in this form and in this act for record purposes only.	135550

REVITALIZATION DEBT SERVICE

135551

The foregoing appropriation item 800636, Revitalization Debt	135552
Service, shall be used to pay debt service and related financing	135553
costs at the times they are required to be made pursuant to	135554
sections 151.01 and 151.40 of the Revised Code during the period	135555
from July 1, 2011, to June 30, 2012. If it is determined that	135556
additional appropriations are necessary for this purpose, such	135557
amounts are hereby appropriated. The General Assembly acknowledges	135558
the priority of the pledge of a portion of receipts from that	135559
source to obligations issued and to be issued under Chapter 166.	135560
of the Revised Code.	135561

LIQUOR CONTROL FUND TRANSFER

135562

On January 1, 2012, or as soon as possible thereafter, the	135563
Director of Budget and Management may transfer up to $10,600,000	135564
in cash from the General Revenue Fund to the Liquor Control Fund	135565
(Fund 7043) for the liquor permitting and compliance functions of	135566
the Division of Liquor Control in the Department of Commerce and	135567
for the operations of the Liquor Control Commission and the	135568
Department of Public Safety pursuant to Chapter 4301. of the	135569
Revised Code.	135570

On July 1, 2012, or as soon as possible thereafter, the	135571
Director of Budget and Management may transfer up to $21,800,000	135572
in cash from the General Revenue Fund to the Liquor Control Fund	135573
(Fund 7043) for the liquor permitting and compliance functions of	135574
the Division of Liquor Control in the Department of Commerce and	135575
for the operations of the Liquor Control Commission and the	135576
Department of Public Safety pursuant to Chapter 4301. of the	135577
Revised Code.	135578

ADMINISTRATIVE ASSESSMENTS

135579

Notwithstanding any other provision of law to the contrary,	135580
the Division of Administration Fund (Fund 1630) is entitled to	135581
receive assessments from all operating funds of the Department in	135582
accordance with procedures prescribed by the Director of Commerce	135583
and approved by the Director of Budget and Management.	135584

Section 245.10. OCC OFFICE OF CONSUMERS' COUNSEL

135585

General Services Fund Group	135586

5F50	053601	Operating Expenses	$	5,641,093	$	4,142,070	135587
TOTAL GSF General Services Fund Group			$	5,641,093	$	4,142,070	135588
TOTAL ALL BUDGET FUND GROUPS			$	5,641,093	$	4,142,070	135589

Section 247.10. CEB CONTROLLING BOARD

135591

General Revenue Fund	135592

GRF	911441		Ballot Advertising Costs		$	475,000		$	475,000		135593
TOTAL GRF General Revenue Fund					$	475,000		$	475,000		135594

General Services Fund Group	135595

5KM0	911614	CB Emergency Purposes	$	10,000,000	$	10,000,000	135596
TOTAL GSF General Services Fund Group			$	10,000,000	$	10,000,000	135597
TOTAL ALL BUDGET FUND GROUPS			$	10,475,000	$	10,475,000	135598

FEDERAL SHARE

135599

In transferring appropriations to or from appropriation items	135600
that have federal shares identified in this act, the Controlling	135601
Board shall add or subtract corresponding amounts of federal	135602
matching funds at the percentages indicated by the state and	135603
federal division of the appropriations in this act. Such changes	135604
are hereby appropriated.	135605

DISASTER SERVICES

135606

Pursuant to requests submitted by the Department of Public	135607
Safety, the Controlling Board may approve transfers from the	135608
Disaster Services Fund (5E20) to a fund and appropriation item	135609
used by the Department of Public Safety to provide for assistance	135610
to political subdivisions made necessary by natural disasters or	135611
emergencies. These transfers may be requested and approved prior	135612
to the occurrence of any specific natural disasters or emergencies	135613
in order to facilitate the provision of timely assistance. The	135614
Emergency Management Agency of the Department of Public Safety	135615
shall use the funding to fund the State Disaster Relief Program	135616
for disasters that have been declared by the Governor, and the	135617
State Individual Assistance Program for disasters that have been	135618
declared by the Governor and the federal Small Business	135619
Administration. The Ohio Emergency Management Agency shall publish	135620
and make available application packets outlining procedures for	135621
the State Disaster Relief Program and the State Individual	135622
Assistance Program.	135623

Fund 5E20 shall be used by the Controlling Board, pursuant to	135624
requests submitted by state agencies, to transfer cash and	135625
appropriations to any fund and appropriation item for the payment	135626
of state agency disaster relief program expenses for disasters	135627
declared by the Governor, if the Director of Budget and Management	135628
determines that sufficient funds exist.	135629

BALLOT ADVERTISING COSTS

135630

Pursuant to section 3501.17 of the Revised Code, and upon	135631
requests submitted by the Secretary of State, the Controlling	135632
Board shall approve transfers from the foregoing appropriation	135633
item 911441, Ballot Advertising Costs, to appropriation item	135634
050621, Statewide Ballot Advertising, in order to pay for the cost	135635
of public notices associated with statewide ballot initiatives.	135636

CAPITAL APPROPRIATION INCREASE FOR FEDERAL STIMULUS	135637
ELIGIBILITY	135638

A state agency director shall request that the Controlling	135639
Board increase the amount of the agency's capital appropriations	135640
if the director determines such an increase is necessary for the	135641
agency to receive and use funds under the federal American	135642
Recovery and Reinvestment Act of 2009. The Controlling Board may	135643
increase the capital appropriations pursuant to the request up to	135644
the exact amount necessary under the federal act if the Board	135645
determines it is necessary for the agency to receive and use those	135646
federal funds.	135647

Section 249.10. COS STATE BOARD OF COSMETOLOGY

135648

General Services Fund Group	135649

4K90	879609	Operating Expenses	$	3,439,545	$	3,364,030	135650
TOTAL GSF General Services Fund							135651
Group			$	3,439,545	$	3,364,030	135652
TOTAL ALL BUDGET FUND GROUPS			$	3,439,545	$	3,364,030	135653

Section 251.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE	135655
AND FAMILY THERAPIST BOARD	135656

General Services Fund Group	135657

4K90	899609	Operating Expenses	$	1,204,235	$	1,234,756	135658
TOTAL GSF General Services Fund							135659
Group			$	1,204,235	$	1,234,756	135660
TOTAL ALL BUDGET FUND GROUPS			$	1,204,235	$	1,234,756	135661

Section 253.10. CLA COURT OF CLAIMS

135663

General Revenue Fund	135664

GRF	015321		Operating Expenses		$	2,573,508		$	2,501,052		135665
TOTAL GRF General Revenue Fund					$	2,573,508		$	2,501,052		135666

State Special Revenue Fund Group	135667

5K20	015603	CLA Victims of Crime	$	1,582,684	$	1,582,684	135668
TOTAL SSR State Special Revenue							135669
Fund Group			$	1,582,684	$	1,582,684	135670
TOTAL ALL BUDGET FUND GROUPS			$	4,156,192	$	4,083,736	135671

Section 255.10. AFC OHIO CULTURAL FACILITIES COMMISSION

135673

General Revenue Fund	135674

GRF	371321	Operating Expenses	$	98,636	$	98,636	135675
GRF	371401	Lease Rental Payments	$	27,804,900	$	28,465,000	135676
TOTAL GRF General Revenue Fund			$	27,903,536	$	28,563,636	135677

State Special Revenue Fund Group	135678

4T80	371601	Riffe Theatre Equipment Maintenance	$	80,891	$	80,891	135679
4T80	371603	Project Administration Services	$	1,200,000	$	1,200,000	135680
TOTAL SSR State Special Revenue Group			$	1,280,891	$	1,280,891	135681
TOTAL ALL BUDGET FUND GROUPS			$	29,184,427	$	29,844,527	135682

LEASE RENTAL PAYMENTS

135683

The foregoing appropriation item 371401, Lease Rental	135684
Payments, shall be used to meet all payments at the times they are	135685
required to be made during the period from July 1, 2011 through	135686
June 30, 2013, from the Ohio Cultural Facilities Commission under	135687
the primary leases and agreements for those arts and sports	135688
facilities made under Chapters 152. and 154. of the Revised Code.	135689
These appropriations are the source of funds pledged for bond	135690
service charges on related obligations issued under Chapters 152.	135691
and 154. of the Revised Code.	135692

OPERATING EXPENSES

135693

The foregoing appropriation item 371321, Operating Expenses,	135694
shall be used by the Ohio Cultural Facilities Commission to carry	135695
out its responsibilities under this section and Chapter 3383. of	135696
the Revised Code.	135697

The foregoing appropriation item 371603, Project	135698
Administration Services, shall be used by the Ohio Cultural	135699
Facilities Commission in administering Cultural and Sports	135700
Facilities Building Fund (Fund 7030) projects pursuant to Chapter	135701
3383. of the Revised Code.	135702

By the tenth day following each calendar quarter in each	135703
fiscal year, or as soon as possible thereafter, the Director of	135704
Budget and Management shall determine the amount of cash from	135705
interest earnings to be transferred from the Cultural and Sports	135706
Facilities Building Fund (Fund 7030) to the Cultural Facilities	135707
Commission Administration Fund (Fund 4T80).	135708

As soon as possible after each bond issuance made on behalf	135709
of the Cultural Facilities Commission, the Director of Budget and	135710
Management shall determine the amount of cash from any premium	135711
paid on each issuance that is available to be transferred, after	135712
all issuance costs have been paid, from the Cultural and Sports	135713
Facilities Building Fund (Fund 7030) to the Cultural Facilities	135714
Commission Administration Fund (Fund 4T80).	135715

CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS

135716

The Executive Director of the Cultural Facilities Commission	135717
shall certify to the Director of Budget and Management the amount	135718
of cash receipts and related investment income, irrevocable	135719
letters of credit from a bank, or certification of the	135720
availability of funds that have been received from a county or a	135721
municipal corporation for deposit into the Capital Donations Fund	135722
(Fund 5A10) and that are related to an anticipated project. These	135723
amounts are hereby appropriated to appropriation item C37146,	135724
Capital Donations. Prior to certifying these amounts to the	135725
Director, the Executive Director shall make a written agreement	135726
with the participating entity on the necessary cash flows required	135727
for the anticipated construction or equipment acquisition project.	135728

Section 257.10. DEN STATE DENTAL BOARD

135729

General Services Fund Group	135730

4K90	880609	Operating Expenses	$	1,574,715	$	1,545,684	135731
TOTAL GSF General Services Fund							135732
Group			$	1,574,715	$	1,545,684	135733
TOTAL ALL BUDGET FUND GROUPS			$	1,574,715	$	1,545,684	135734

Section 259.10. BDP BOARD OF DEPOSIT

135736

General Services Fund Group	135737

4M20	974601	Board of Deposit	$	1,876,000	$	1,876,000	135738
TOTAL GSF General Services Fund							135739
Group			$	1,876,000	$	1,876,000	135740
TOTAL ALL BUDGET FUND GROUPS			$	1,876,000	$	1,876,000	135741

BOARD OF DEPOSIT EXPENSE FUND

135742

Upon receiving certification of expenses from the Treasurer	135743
of State, the Director of Budget and Management shall transfer	135744
cash from the Investment Earnings Redistribution Fund (Fund 6080)	135745
to the Board of Deposit Expense Fund (Fund 4M20). The latter fund	135746
shall be used pursuant to section 135.02 of the Revised Code to	135747
pay for any and all necessary expenses of the Board of Deposit or	135748
for banking charges and fees required for the operation of the	135749
State of Ohio Regular Account.	135750

Section 261.10. DEV DEPARTMENT OF DEVELOPMENT

135751

General Revenue Fund	135752

GRF	195401	Thomas Edison Program	$	14,820,354	$	0	135753
GRF	195402	Coal Development Office	$	260,983	$	261,205	135754
GRF	195404	Small Business Development	$	1,565,770	$	0	135755
GRF	195405	Minority Business Enterprise Division	$	1,118,528	$	0	135756
GRF	195407	Travel and Tourism	$	5,000,000	$	0	135757
GRF	195412	Rapid Outreach Grants	$	9,000,000	$	0	135758
GRF	195415	Strategic Business Investment Division and Regional Offices	$	4,500,000	$	0	135759
GRF	195416	Governor's Office of Appalachia	$	3,700,000	$	3,700,000	135760
GRF	195422	Technology Action	$	547,341	$	0	135761
GRF	195426	Clean Ohio Implementation	$	468,365	$	0	135762
GRF	195432	Global Markets	$	3,500,000	$	0	135763
GRF	195434	Industrial Training Grants	$	10,000,000	$	0	135764
GRF	195497	CDBG Operating Match	$	1,015,000	$	0	135765
GRF	195501	Appalachian Local Development Districts	$	391,482	$	391,482	135766
GRF	195502	Appalachian Regional Commission Dues	$	195,000	$	195,000	135767
GRF	195528	Economic Development Projects	$	0	$	26,943,518	135768
GRF	195901	Coal Research & Development General Obligation Debt Service	$	7,861,100	$	5,577,700	135769
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	29,323,300	$	63,640,300	135770
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	9,859,200	$	15,680,500	135771
TOTAL GRF General Revenue Fund			$	103,126,423	$	116,389,705	135772

General Services Fund Group	135773

1350	195684	Supportive Services	$	11,700,000	$	11,700,000	135774
4W10	195646	Minority Business Enterprise Loan	$	2,500,000	$	2,500,000	135775
5AD0	195633	Legacy Projects	$	15,000,000	$	15,000,000	135776
5AD0	195677	Economic Development Contingency	$	10,000,000	$	0	135777
5W50	195690	Travel and Tourism Cooperative Projects	$	50,000	$	50,000	135778
6850	195636	Direct Cost Recovery Expenditures	$	750,000	$	750,000	135779
TOTAL GSF General Services Fund							135780
Group			$	40,000,000	$	30,000,000	135781

Federal Special Revenue Fund Group	135782

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	135783
3080	195603	Housing and Urban Development	$	6,000,000	$	6,000,000	135784
3080	195605	Federal Projects	$	85,028,606	$	85,470,106	135785
3080	195609	Small Business Administration	$	6,438,143	$	5,511,381	135786
3080	195618	Energy Federal Grants	$	38,000,000	$	3,400,000	135787
3350	195610	Energy Conservation and Emerging Technology	$	1,100,000	$	1,100,000	135788
3AE0	195643	Workforce Development Initiatives	$	16,300,000	$	16,300,000	135789
3DB0	195642	Federal Stimulus - Energy Efficiency & Conservation Block Grants	$	3,000,000	$	42,485	135790
3EG0	195608	Federal Energy Training	$	5,000,000	$	1,344,056	135791
3K80	195613	Community Development Block Grant	$	76,795,818	$	65,210,000	135792
3K90	195611	Home Energy Assistance Block Grant	$	115,743,608	$	115,743,608	135793
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	135794
3L00	195612	Community Services Block Grant	$	27,240,217	$	27,240,217	135795
3V10	195601	HOME Program	$	40,000,000	$	40,000,000	135796
TOTAL FED Federal Special Revenue							135797
Fund Group			$	443,121,392	$	389,836,853	135798

State Special Revenue Fund Group	135799

4500	195624	Minority Business Bonding Program Administration	$	160,110	$	159,069	135800
4510	195625	Economic Development Financing Operating	$	3,000,000	$	3,000,000	135801
4F20	195639	State Special Projects	$	180,437	$	180,436	135802
4F20	195676	Marketing Initiatives	$	5,000,000	$	0	135803
4F20	195699	Utility Provided Funds	$	500,000	$	500,000	135804
4S00	195630	Tax Incentive Programs	$	650,800	$	650,800	135805
5CG0	195679	Alterative Fuel Transportation	$	750,000	$	750,000	135806
5HJ0	195604	Motion Picture Tax Credit Program	$	50,000	$	50,000	135807
5HR0	195526	Ohio Workforce Job Training	$	20,000,000	$	30,000,000	135808
5HR0	195622	Defense Development Assistance	$	5,000,000	$	5,000,000	135809
5JR0	195656	New Market Tax Credit Program	$	50,000	$	50,000	135810
5KD0	195621	Brownfield Stormwater Loan	$	50,000	$	50,000	135811
5KN0	195640	Local Government Innovation	$	0	$	45,000,000	135812
5M40	195659	Low Income Energy Assistance	$	245,000,000	$	245,000,000	135813
5M50	195660	Advanced Energy Programs	$	8,000,000	$	0	135814
5W60	195691	International Trade Cooperative Projects	$	160,000	$	160,000	135815
6170	195654	Volume Cap Administration	$	94,397	$	92,768	135816
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	135817
TOTAL SSR State Special Revenue							135818
Fund Group			$	341,645,744	$	383,643,073	135819

Facilities Establishment Fund Group	135820

5S90	195628	Capital Access Loan Program	$	1,500,000	$	1,500,000	135821
7009	195664	Innovation Ohio	$	15,000,000	$	15,000,000	135822
7010	195665	Research and Development	$	22,000,000	$	22,000,000	135823
7037	195615	Facilities Establishment	$	50,000,000	$	50,000,000	135824
TOTAL 037 Facilities							135825
Establishment Fund Group			$	88,500,000	$	88,500,000	135826

Clean Ohio Revitalization Fund	135827

7003	195663		Clean Ohio Operating		$	950,000		$	950,000		135828
TOTAL 7003 Clean Ohio Revitalization Fund					$	950,000		$	950,000		135829

Third Frontier Research & Development Fund Group	135830

7011	195686	Third Frontier Operating	$	1,149,750	$	1,149,750	135831
7011	195687	Third Frontier Research & Development Projects	$	183,850,250	$	133,850,250	135832
7014	195620	Third Frontier Operating - Tax	$	1,700,000	$	1,700,000	135833
7014	195692	Research & Development Taxable Bond Projects	$	38,300,000	$	38,300,000	135834
TOTAL 011 Third Frontier Research & Development Fund Group			$	225,000,000	$	175,000,000	135835

Job Ready Site Development Fund Group	135836

7012	195688		Job Ready Site Operating		$	800,000		$	800,000		135837
TOTAL 012 Job Ready Site Development Fund Group					$	800,000		$	800,000		135838

Tobacco Master Settlement Agreement Fund Group	135839

M087	195435	Biomedical Research and Technology Transfer	$	1,999,224	$	1,999,224	135840
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,999,224	$	1,999,224	135841
TOTAL ALL BUDGET FUND GROUPS			$	1,245,142,783	$	1,187,118,855	135842

Section 261.10.10. THOMAS EDISON PROGRAM

135844

The foregoing appropriation item 195401, Thomas Edison	135845
Program, shall be used for the purposes of sections 122.28 to	135846
122.38 of the Revised Code. Of the foregoing appropriation item	135847
195401, Thomas Edison Program, not more than ten per cent in each	135848
fiscal year shall be used for operating expenditures in	135849
administering the programs of the Technology and Innovation	135850
Division.	135851

Section 261.10.20. SMALL BUSINESS DEVELOPMENT

135852

The foregoing appropriation item 195404, Small Business	135853
Development, shall be used as matching funds for grants from the	135854
United States Small Business Administration and other federal	135855
agencies, pursuant to Pub. L. No. 96-302 (1980) as amended by Pub.	135856
L. No. 98-395 (1984), and regulations and policy guidelines for	135857
the programs pursuant thereto. This appropriation item also may be	135858
used to provide grants to local organizations to support the	135859
operation of small business development centers and other local	135860
economic development activities that promote small business	135861
development and entrepreneurship.	135862

Section 261.10.30. RAPID OUTREACH GRANTS

135863

Appropriation item 195412, Rapid Outreach Grants, shall be	135864
used as an incentive for attracting, expanding, and retaining	135865
business opportunities for the state in accordance with Chapter	135866
166. of the Revised Code. Of the amount appropriated, no more than	135867
five per cent in each fiscal year shall be used for administrative	135868
costs of the Rapid Outreach Program.	135869

The department shall award funds directly to business	135870
entities considering Ohio for their expansion or new site location	135871
opportunities. Rapid Outreach grants shall be used by recipients	135872
to purchase equipment, make infrastructure improvements, make real	135873
property improvements, or fund other fixed assets. To meet the	135874
particular needs of economic development in a region, the	135875
department may elect to award funds directly to a political	135876
subdivision to assist with making on- or off-site infrastructure	135877
improvements to water and sewage treatment facilities, electric or	135878
gas service connections, fiber optic access, rail facilities, site	135879
preparation, and parking facilities. The Director of Development	135880
may recommend that the funds be used for alternative purposes when	135881
considered appropriate to satisfy an economic development	135882
opportunity or need deemed extraordinary in nature by the Director	135883
including, but not limited to, construction, rehabilitation, and	135884
acquisition projects for rail freight assistance as requested by	135885
the Department of Transportation. The Director of Transportation	135886
shall submit the proposed projects to the Director of Development	135887
for an evaluation of potential economic benefit.	135888

Moneys awarded directly to business entities from the	135889
foregoing appropriation item 195412, Rapid Outreach Grants, may be	135890
expended only after the submission of a request to the Controlling	135891
Board by the Department of Development outlining the planned use	135892
of the funds, and the subsequent approval of the request by the	135893
Controlling Board.	135894

Section 261.10.40. STRATEGIC BUSINESS INVESTMENT DIVISION AND	135895
REGIONAL OFFICES	135896

The foregoing appropriation item 195415, Strategic Business	135897
Investment Division and Regional Offices, shall be used for the	135898
operating expenses of the Strategic Business Investment Division	135899
and the regional economic development offices and for grants for	135900
cooperative economic development ventures.	135901

Section 261.10.50. GOVERNOR'S OFFICE OF APPALACHIA

135902

The foregoing appropriation item 195416, Governor's Office of	135903
Appalachia, may be used for the administrative costs of planning	135904
and liaison activities for the Governor's Office of Appalachia, to	135905
provide financial assistance to projects in Ohio's Appalachian	135906
counties, and to match federal funds from the Appalachian Regional	135907
Commission.	135908

Section 261.10.60. TECHNOLOGY ACTION

135909

The foregoing appropriation item 195422, Technology Action,	135910
shall be used for operating expenses the Department of Development	135911
incurs for administering sections 184.10 to 184.20 of the Revised	135912
Code. If the appropriation is insufficient to cover the operating	135913
expenses, the Department may request Controlling Board approval to	135914
appropriate the additional amount needed in appropriation item	135915
195686, Third Frontier Operating. The Department shall not request	135916
an amount in excess of the amount needed.	135917

Section 261.10.70. CLEAN OHIO IMPLEMENTATION

135918

The foregoing appropriation item 195426, Clean Ohio	135919
Implementation, shall be used to fund the costs of administering	135920
the Clean Ohio Revitalization program and other urban	135921
revitalization programs that may be implemented by the Department	135922
of Development.	135923

Section 261.10.80. GLOBAL MARKETS

135924

The foregoing appropriation item 195432, Global Markets,	135925
shall be used to administer Ohio's foreign trade and investment	135926
programs, including operation and maintenance of Ohio's	135927
out-of-state trade and investment offices. This appropriation item	135928
also shall be used to fund the Global Markets Division and to	135929
assist Ohio manufacturers, agricultural producers, and service	135930
providers in exporting to foreign countries and to assist in the	135931
attraction of foreign direct investment.	135932

Section 261.10.90. OHIO WORKFORCE GUARANTEE PROGRAM

135933

The foregoing appropriation item 195434, Industrial Training	135934
Grants, may be used for the Ohio Workforce Guarantee Program to	135935
promote training through grants to businesses and, in the case of	135936
a business consortium, training and education providers for the	135937
reimbursement of eligible training expenses.	135938

Section 261.20.10. ECONOMIC DEVELOPMENT PROJECTS

135939

The foregoing appropriation item 195528, Economic Development	135940
Projects, may be used for the purposes of Chapter 122. of the	135941
Revised Code. This appropriation item is made in anticipation of	135942
the evaluation of all powers, functions, and duties of the	135943
Department of Development by the Director of Development, as	135944
prescribed in Section 187.05 of the Revised Code. It is the intent	135945
of the General Assembly that the appropriations in the	135946
appropriation item be reallocated upon completion of the	135947
evaluation.	135948

Section 261.20.20. OHIO FILM OFFICE

135949

The Ohio Film Office shall promote media productions in the	135950
state and help the industry optimize its production experience in	135951
the state by enhancing local economies through increased	135952
employment and tax revenues and ensuring an accurate portrayal of	135953
Ohio. The Office shall serve as an informational clearinghouse and	135954
provide technical assistance to the media production industry and	135955
business entities engaged in media production in the state. The	135956
Office shall promote Ohio as the ideal site for media production	135957
and help those in the industry benefit from their experience in	135958
the state.	135959

The primary objective of the Office shall be to encourage	135960
development of a strong capital base for electronic media	135961
production in order to achieve an independent, self-supporting	135962
industry in Ohio. Other objectives shall include:	135963

(A) Attracting private investment for the electronic media	135964
production industry;	135965

(B) Developing a tax infrastructure that encourages private	135966
investment; and	135967

(C) Encouraging increased employment opportunities within	135968
this sector and increased competition with other states.	135969

Section 261.20.30. COAL RESEARCH AND DEVELOPMENT GENERAL	135970
OBLIGATION DEBT SERVICE	135971

The foregoing appropriation line item 195901, Coal Research	135972
and Development General Obligation Debt Service, shall be used to	135973
pay all debt service and related financing costs during the period	135974
July 1, 2011, through June 30, 2013 for obligations issued under	135975
sections 151.01 and 151.07 of the Revised Code.	135976

THIRD FRONTIER RESEARCH & DEVELOPMENT GENERAL OBLIGATION DEBT	135977
SERVICE	135978

The foregoing appropriation item 195905, Third Frontier	135979
Research & Development General Obligation Debt Service, shall be	135980
used to pay all debt service and related financing costs during	135981
the period from July 1, 2011, through June 30, 2013, on	135982
obligations issued for research and development purposes under	135983
sections 151.01 and 151.10 of the Revised Code.	135984

JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

135985

The foregoing appropriation item 195912, Job Ready Site	135986
Development General Obligation Debt Service, shall be used to pay	135987
all debt service and related financing costs during the period	135988
from July 1, 2011, through June 30, 2013, on obligations issued	135989
for job ready site development purposes under sections 151.01 and	135990
151.11 of the Revised Code.	135991

Section 261.20.40. SUPPORTIVE SERVICES

135992

The Director of Development may assess divisions of the	135993
department for the cost of central service operations. An	135994
assessment shall contain the characteristics of administrative	135995
ease and uniform application. A division's payments shall be	135996
credited to the Supportive Services Fund (Fund 1350) using an	135997
intrastate transfer voucher.	135998

ECONOMIC DEVELOPMENT CONTINGENCY

135999

The foregoing appropriation item 195677, Economic Development	136000
Contingency, may be used to award funds directly to either (1)	136001
business entities considering Ohio for expansion or new site	136002
location opportunities or (2) political subdivisions to assist	136003
with necessary costs involved in attracting a business entity. In	136004
addition, the Director of Development may award funds for	136005
alternative purposes when appropriate to satisfy an economic	136006
development opportunity or need deemed extraordinary in nature by	136007
the Director.	136008

DIRECT COST RECOVERY EXPENDITURES

136009

The foregoing appropriation item 195636, Direct Cost Recovery	136010
Expenditures, shall be used for reimbursable costs. Revenues to	136011
the General Reimbursement Fund (Fund 6850) shall consist of moneys	136012
charged for administrative costs that are not central service	136013
costs.	136014

Section 261.20.50. HEAP WEATHERIZATION

136015

Up to fifteen per cent of the federal funds deposited to the	136016
credit of the Home Energy Assistance Block Grant Fund (Fund 3K90)	136017
may be expended from appropriation item 195614, HEAP	136018
Weatherization, to provide home weatherization services in the	136019
state as determined by the Director of Development. Any transfers	136020
or increases in appropriation for the foregoing appropriation	136021
items 195614, HEAP Weatherization, or 195611, Home Energy	136022
Assistance Block Grant, shall be subject to approval by the	136023
Controlling Board.	136024

Section 261.20.60. STATE SPECIAL PROJECTS

136025

The State Special Projects Fund (Fund 4F20), may be used for	136026
the deposit of private-sector funds from utility companies and for	136027
the deposit of other miscellaneous state funds. State moneys so	136028
deposited shall be used to match federal housing grants for the	136029
homeless and to market economic development opportunities in the	136030
state. Private-sector moneys shall be deposited for use in	136031
appropriation item 195699, Utility Provided Funds, and shall be	136032
used to (1) pay the expenses of verifying the income-eligibility	136033
of HEAP applicants, (2) leverage additional federal funds, (3)	136034
fund special projects to assist homeless individuals, (4) fund	136035
special projects to assist with the energy efficiency of	136036
households eligible to participate in the Percentage of Income	136037
Payment Plan, and (5) assist with training programs for agencies	136038
that administer low-income customer assistance programs.	136039

Section 261.20.70. TAX INCENTIVE PROGRAMS OPERATING

136040

The foregoing appropriation item 195630, Tax Incentive	136041
Programs, shall be used for the operating costs of the Office of	136042
Grants and Tax Incentives.	136043

Section 261.20.80. MINORITY BUSINESS ENTERPRISE LOAN

136044

All repayments from the Minority Development Financing	136045
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	136046
Program shall be deposited in the State Treasury to the credit of	136047
the Minority Business Enterprise Loan Fund (Fund 4W10). Operating	136048
costs of administering the Minority Business Enterprise Loan Fund	136049
may be paid from the Minority Business Enterprise Loan Fund (Fund	136050
4W10).	136051

MINORITY BUSINESS BONDING FUND

136052

Notwithstanding Chapters 122., 169., and 175. of the Revised	136053
Code, the Director of Development may, upon the recommendation of	136054
the Minority Development Financing Advisory Board, pledge up to	136055
$10,000,000 in the fiscal year 2012-fiscal year 2013 biennium of	136056
unclaimed funds administered by the Director of Commerce and	136057
allocated to the Minority Business Bonding Program under section	136058
169.05 of the Revised Code. The transfer of any cash by the	136059
Director of Budget and Management from the Department of	136060
Commerce's Unclaimed Funds Fund (Fund 5430) to the Department of	136061
Development's Minority Business Bonding Fund (Fund 4490) shall	136062
occur, if requested by the Director of Development, only if such	136063
funds are needed for payment of losses arising from the Minority	136064
Business Bonding Program, and only after proceeds of the initial	136065
transfer of $2,700,000 by the Controlling Board to the Minority	136066
Business Bonding Program has been used for that purpose. Moneys	136067
transferred by the Director of Budget and Management from the	136068
Department of Commerce for this purpose may be moneys in custodial	136069
funds held by the Treasurer of State. If expenditures are required	136070
for payment of losses arising from the Minority Business Bonding	136071
Program, such expenditures shall be made from appropriation item	136072
195623, Minority Business Bonding Contingency in the Minority	136073
Business Bonding Fund, and such amounts are hereby appropriated.	136074

Section 261.20.90. OHIO INCUMBENT WORKFORCE TRAINING VOUCHERS

136075

(A) On July 1, 2011, or as soon as possible thereafter, the	136076
Director of Budget and Management shall transfer up to $20,000,000	136077
from the Economic Development Programs Fund (Fund 5JC0) used by	136078
the Board of Regents to the Ohio Incumbent Workforce Job Training	136079
Fund (Fund 5HR0) used by the Department of Development.	136080

On July 1, 2012, or as soon as possible thereafter, the	136081
Director of Budget and Management shall transfer up to $30,000,000	136082
from the Economic Development Programs Fund (Fund 5JC0) used by	136083
the Board of Regents to the Ohio Incumbent Workforce Job Training	136084
Fund (Fund 5HR0) used by the Department of Development.	136085

(B) Of the foregoing appropriation item 195526, Ohio	136086
Workforce Job Training, up to $20,000,000 in fiscal year 2012 and	136087
up to $30,000,000 in fiscal year 2013 shall be used to support the	136088
Ohio Incumbent Workforce Training Voucher Program. The Director of	136089
Development and the Chief Investment Officer of JobsOhio may enter	136090
into an agreement to operate the program pursuant to the contract	136091
between the Department of Development and JobsOhio under section	136092
187.04 of the Revised Code. The agreement may include a provision	136093
for granting, loaning, or transferring funds from appropriation	136094
item 195526, Ohio Incumbent Workforce Job Training, to JobsOhio to	136095
provide training for incumbent workers.	136096

(C) Regardless of any agreement between the Director and the	136097
Chief Investment Officer under division (B) of this section, the	136098
Ohio Incumbent Workforce Training Voucher Program shall conform to	136099
guidelines for the operation of the program, including, but not	136100
limited to, the following:	136101

(1) A requirement that a training voucher under the program	136102
shall not exceed $6,000 per worker per year;	136103

(2) A provision for an employer of an eligible employee to	136104
apply for a voucher on behalf of the eligible employee;	136105

(3) A provision for an eligible employee to apply directly	136106
for a training voucher with the pre-approval of the employee's	136107
employer; and	136108

(4) A requirement that an employee participating in the	136109
program, or the employee's employer, shall pay for not less than	136110
thirty-three per cent of the training costs under the program.	136111

DEFENSE DEVELOPMENT ASSISTANCE

136112

On July 1 of each fiscal year, or as soon as possible	136113
thereafter, the Director of Budget and Management shall transfer	136114
$5,000,000 in cash from the Economic Development Projects Fund	136115
(Fund 5JC0) used by the Board of Regents to the Ohio Incumbent	136116
Workforce Job Training Fund (Fund 5HR0) used by the Department of	136117
Development. The transferred funds are hereby appropriated in	136118
appropriation item 195622, Defense Development Assistance.	136119

The foregoing appropriation item 195622, Defense Development	136120
Assistance, shall be used for economic development programs and	136121
the creation of new jobs to leverage and support mission gains at	136122
Department of Defense facilities in Ohio by working with future	136123
base realignment and closure activities and ongoing Department of	136124
Defense efficiency initiatives, assisting efforts to secure	136125
Department of Defense support contracts for Ohio companies,	136126
assessing and supporting regional job training and workforce	136127
development needs generated by the Department of Defense and the	136128
Ohio aerospace industry, and for expanding job training and	136129
economic development programs in human performance related	136130
initiatives. These funds shall be matched by private industry	136131
partners or the Department of Defense in an aggregate amount of	136132
$6,000,000 over the FY 2012-FY 2013 biennium.	136133

Section 261.20.93. LOCAL GOVERNMENT INNOVATION FUND

136134

The foregoing appropriation item 195640, Local Government	136135
Innovation, shall be used for the purposes of making loans and	136136
grants to political subdivisions under the Local Government	136137
Innovation Program in accordance with sections 189.01 to 189.10 of	136138
the Revised Code. Of the foregoing appropriation item 195640,	136139
Local Government Innovation, up to $100,000 in fiscal year 2013	136140
shall be used for administrative costs incurred by the Department	136141
of Development.	136142

Section 261.30.10. ADVANCED ENERGY FUND

136143

The foregoing appropriation item 195660, Advanced Energy	136144
Programs, shall be used to provide financial assistance to	136145
customers for eligible advanced energy projects for residential,	136146
commercial, and industrial business, local government, educational	136147
institution, nonprofit, and agriculture customers, and to pay for	136148
the program's administrative costs as provided in sections 4928.61	136149
to 4928.63 of the Revised Code and rules adopted by the Director	136150
of Development.	136151

On July 1 of each fiscal year, or as soon as possible	136152
thereafter, the Director of Budget and Management shall transfer	136153
$750,000 in cash from the Advanced Energy Fund (Fund 5M50) to the	136154
Alternative Fuel Transportation Grant Fund (Fund 5CG0).	136155

VOLUME CAP ADMINISTRATION

136156

The foregoing appropriation item 195654, Volume Cap	136157
Administration, shall be used for expenses related to the	136158
administration of the Volume Cap Program. Revenues received by the	136159
Volume Cap Administration Fund (Fund 6170) shall consist of	136160
application fees, forfeited deposits, and interest earned from the	136161
custodial account held by the Treasurer of State.	136162

Section 261.30.20. INNOVATION OHIO LOAN FUND

136163

The foregoing appropriation item 195664, Innovation Ohio,	136164
shall be used to provide for innovation Ohio purposes, including	136165
loan guarantees and loans under Chapter 166. and particularly	136166
sections 166.12 to 166.16 of the Revised Code.	136167

RESEARCH AND DEVELOPMENT

136168

The foregoing appropriation item 195665, Research and	136169
Development, shall be used to provide for research and development	136170
purposes, including loans, under Chapter 166. and particularly	136171
sections 166.17 to 166.21 of the Revised Code.	136172

LOGISTICS AND DISTRIBUTION INFRASTRUCTURE

136173

Appropriation item 195698, Logistics and Distribution	136174
Infrastructure, shall be used for eligible logistics and	136175
distribution infrastructure projects as defined in section 166.01	136176
of the Revised Code. Any unexpended and unencumbered portion of	136177
the appropriation item at the end of fiscal year 2011 is hereby	136178
reappropriated for the same purpose in fiscal year 2012, and any	136179
unexpended and unencumbered portion of the appropriation item at	136180
the end of fiscal year 2012 is hereby reappropriated for the same	136181
purpose in fiscal year 2013.	136182

After all encumbrances have been paid, the Director of Budget	136183
and Management shall transfer the remaining cash balance in the	136184
Logistics and Distribution Infrastructure Fund (Fund 7008) to the	136185
Facilities Establishment Fund (Fund 7037).	136186

FACILITIES ESTABLISHMENT FUND

136187

The foregoing appropriation item 195615, Facilities	136188
Establishment (Fund 7037), shall be used for the purposes of the	136189
Facilities Establishment Fund under Chapter 166. of the Revised	136190
Code.	136191

Notwithstanding Chapter 166. of the Revised Code, an amount	136192
not to exceed $1,000,000 in cash in fiscal year 2012 may be	136193
transferred from the Facilities Establishment Fund (Fund 7037) to	136194
the Economic Development Financing Operating Fund (Fund 4510). The	136195
transfer is subject to Controlling Board approval under division	136196
(B) of section 166.03 of the Revised Code.	136197

Notwithstanding Chapter 166. of the Revised Code, the	136198
Director of Budget and Management may transfer an amount not to	136199
exceed $2,500,000 in cash in each fiscal year from the Facilities	136200
Establishment Fund (Fund 7037) to the Minority Business Enterprise	136201
Loan Fund (Fund 4W10).	136202

On July 1, 2011, or as soon as possible thereafter, the	136203
Director of Budget and Management shall transfer the unexpended	136204
and unencumbered cash balance in the Urban Development Loans Fund	136205
(Fund 5D20) to the Facilities Establishment Fund (Fund 7037).	136206

On July 1, 2011, or as soon as possible thereafter, the	136207
Director of Budget and Management shall transfer the unexpended	136208
and unencumbered cash balance in the Rural Industrial Park Loan	136209
Fund (Fund 4Z60) to the Facilities Establishment Fund (Fund 7037).	136210

CAPITAL ACCESS LOAN PROGRAM

136211

The foregoing appropriation item 195628, Capital Access Loan	136212
Program, shall be used for operating, program, and administrative	136213
expenses of the program. Funds of the Capital Access Loan Program	136214
shall be used to assist participating financial institutions in	136215
making program loans to eligible businesses that face barriers in	136216
accessing working capital and obtaining fixed-asset financing.	136217

Section 261.30.30. CLEAN OHIO OPERATING EXPENSES

136218

The foregoing appropriation item 195663, Clean Ohio	136219
Operating, shall be used by the Department of Development in	136220
administering Clean Ohio Revitalization Fund (Fund 7003) projects	136221
pursuant to sections 122.65 to 122.658 of the Revised Code.	136222

Section 261.30.40. THIRD FRONTIER OPERATING

136223

The foregoing appropriation items 195686, Third Frontier	136224
Operating, and 195620, Third Frontier Operating - Tax, shall be	136225
used for operating expenses incurred by the Department of	136226
Development in administering projects pursuant to sections 184.10	136227
to 184.20 of the Revised Code. Operating expenses paid from item	136228
195686 shall be limited to the administration of projects funded	136229
from the Third Frontier Research & Development Fund (Fund 7011)	136230
and operating expenses paid from item 195620 shall be limited to	136231
the administration of projects funded from the Third Frontier	136232
Research & Development Taxable Bond Project Fund (Fund 7014).	136233

Section 261.30.50. THIRD FRONTIER RESEARCH AND DEVELOPMENT	136234
PROJECTS AND RESEARCH AND DEVELOPMENT TAXABLE BOND PROJECTS	136235

The foregoing appropriation items 195687, Third Frontier	136236
Research & Development Projects, 195692, Research & Development	136237
Taxable Bond Projects, and 195620, Third Frontier Operating - Tax,	136238
shall be used by the Department of Development to fund selected	136239
projects. Eligible costs are those costs of research and	136240
development projects to which the proceeds of the Third Frontier	136241
Research & Development Fund (Fund 7011) and the Research &	136242
Development Taxable Bond Project Fund (Fund 7014) are to be	136243
applied.	136244

TRANSFERS OF THIRD FRONTIER APPROPRIATIONS

136245

The Director of Budget and Management may approve written	136246
requests from the Director of Development for the transfer of	136247
appropriations between appropriation items 195687, Third Frontier	136248
Research & Development Projects, and 195692, Research &	136249
Development Taxable Bond Projects, based upon awards recommended	136250
by the Third Frontier Commission. The transfers are subject to	136251
approval by the Controlling Board.	136252

On or before June 30, 2012, any unexpended and unencumbered	136253
portions of the foregoing appropriation items 195687, Third	136254
Frontier Research & Development Projects, and 195692, Research &	136255
Development Taxable Bond Projects, for fiscal year 2012 are hereby	136256
reappropriated to the Department of Development for the same	136257
purposes for fiscal year 2013.	136258

AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS

136259

The Ohio Public Facilities Commission, upon request of the	136260
Department of Development, is hereby authorized to issue and sell,	136261
in accordance with Section 2p of Article VIII, Ohio Constitution,	136262
and particularly sections 151.01 and 151.10 of the Revised Code,	136263
original obligations of the State of Ohio in an aggregate amount	136264
not to exceed $400,000,000 in addition to the original issuance of	136265
obligations authorized by prior acts of the General Assembly. The	136266
authorized obligations shall be issued and sold from time to time	136267
and in amounts necessary to ensure sufficient moneys to the credit	136268
of the Third Frontier Research and Development Fund (Fund 7011) to	136269
pay costs of research and development projects.	136270

Section 261.30.60. JOB READY SITE OPERATING

136271

The foregoing appropriation item 195688, Job Ready Site	136272
Operating, shall be used for operating expenses incurred by the	136273
Department of Development in administering Job Ready Site	136274
Development Fund (Fund 7012) projects pursuant to sections 122.085	136275
to 122.0820 of the Revised Code. Operating expenses include, but	136276
are not limited to, certain qualified expenses of the District	136277
Public Works Integrating Committees, as applicable, engineering	136278
review of submitted applications by the State Architect or a third	136279
party engineering firm, audit and accountability activities, and	136280
costs associated with formal certifications verifying that site	136281
infrastructure is in place and is functional.	136282

Section 261.30.70. OHIO COAL DEVELOPMENT OFFICE

136283

On July 1, 2011, or as soon as possible thereafter, the	136284
Director of Budget and Management shall transfer any unexpended	136285
and unencumbered portion of appropriation item 898604, Coal	136286
Research and Development Fund, used by the Ohio Air Quality	136287
Development Authority, to a new capital appropriation item in the	136288
Department of Development, to be determined by the Director. The	136289
Director also shall cancel all outstanding encumbrances against	136290
appropriation item 898604, Coal Research and Development Fund, and	136291
reestablish them against the foregoing new capital appropriation	136292
item. The amounts of the transfer and the reestablished	136293
encumbrances, plus $2,283,264, are hereby appropriated for fiscal	136294
year 2012 in the foregoing new appropriation item and shall be	136295
used to provide funding for coal research and development	136296
purposes.	136297

Section 261.30.80. THIRD FRONTIER BIOMEDICAL RESEARCH AND	136298
COMMERCIALIZATION SUPPORT	136299

The General Assembly and the Governor recognize the role that	136300
the biomedical industry has in job creation, innovation, and	136301
economic development throughout Ohio. It is the intent of the	136302
General Assembly, the Governor, the Director of Development, and	136303
the Director of Budget and Management to work together in	136304
continuing to provide comprehensive state support for the	136305
biomedical industry.	136306

Section 261.30.90. UNCLAIMED FUNDS TRANSFER

136307

(A) Notwithstanding division (A) of section 169.05 of the	136308
Revised Code, upon the request of the Director of Budget and	136309
Management, the Director of Commerce, before June 30, 2012, shall	136310
transfer to the Job Development Initiatives Fund (Fund 5AD0) an	136311
amount not to exceed $25,000,000 in cash of the unclaimed funds	136312
that have been reported by the holders of unclaimed funds under	136313
section 169.05 of the Revised Code, regardless of the allocation	136314
of the unclaimed funds described under that section.	136315

Notwithstanding division (A) of section 169.05 of the Revised	136316
Code, upon the request of the Director of Budget and Management,	136317
the Director of Commerce, before June 30, 2013, shall transfer to	136318
the Job Development Initiatives Fund (Fund 5AD0) an amount not to	136319
exceed $15,000,000 in cash of the unclaimed funds that have been	136320
reported by the holders of unclaimed funds under section 169.05 of	136321
the Revised Code, regardless of the allocation of the unclaimed	136322
funds described under that section.	136323

(B) Notwithstanding division (A) of section 169.05 of the	136324
Revised Code, upon the request of the Director of Budget and	136325
Management, the Director of Commerce, before June 30, 2012, shall	136326
transfer to the State Special Projects Fund (Fund 4F20) an amount	136327
not to exceed $5,000,000 in cash of the unclaimed funds that have	136328
been reported by the holders of unclaimed funds under section	136329
169.05 of the Revised Code, regardless of the allocation of the	136330
unclaimed funds described under that section.	136331

Section 261.40.10. WORKFORCE DEVELOPMENT

136332

The Director of Development and the Director of Job and	136333
Family Services may enter into one or more interagency agreements	136334
between the two departments and take other actions the directors	136335
consider appropriate to further integrate workforce development	136336
into a larger economic development strategy, to implement the	136337
recommendations of the Workforce Policy Board, and to complete	136338
activities related to the transition of the administration of	136339
employment programs identified by the board. Subject to the	136340
approval of the Director of Budget and Management, the Department	136341
of Development and the Department of Job and Family Services may	136342
expend moneys to support the recommendations of the Workforce	136343
Policy Board in the area of integration of employment functions as	136344
described in this paragraph and to complete implementation and	136345
transition activities from the appropriations to those	136346
departments.	136347

Section 263.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

136348

General Revenue Fund	136349

GRF	320321	Central Administration	$	4,422,794	$	4,422,794	136350
GRF	320412	Protective Services	$	2,174,826	$	1,957,343	136351
GRF	320415	Lease-Rental Payments	$	18,394,250	$	19,907,900	136352
GRF	322407	Medicaid State Match	$	218,034,162	$	214,902,506	136353
GRF	322451	Family Support Services	$	5,932,758	$	5,932,758	136354
GRF	322501	County Boards Subsidies	$	40,906,365	$	44,449,280	136355
GRF	322503	Tax Equity	$	14,000,000	$	14,000,000	136356
TOTAL GRF General Revenue Fund			$	303,865,155	$	305,572,581	136357

General Services Fund Group	136358

1520	323609		Developmental Center and Residential Operating Services		$	3,414,317		$	3,414,317		136359
TOTAL GSF General Services Fund Group					$	3,414,317		$	3,414,317		136360

Federal Special Revenue Fund Group	136361

3A50	320613	DD Council	$	3,341,572	$	3,341,572	136362
3250	322612	Community Social Service Programs	$	11,017,754	$	10,604,896	136363
3DZ0	322648	Enhanced Medicaid - Federal	$	10,000,000	$	0	136364
3G60	322639	Medicaid Waiver - Federal	$	866,566,007	$	985,566,007	136365
3M70	322650	CAFS Medicaid	$	29,349,502	$	29,349,502	136366
3A40	323605	Developmental Center and Residential Facility Services and Support	$	180,266,029	$	179,384,881	136367
TOTAL FED Federal Special Revenue Fund Group			$	1,100,540,864	$	1,208,246,858	136368

State Special Revenue Fund Group	136369

5GE0	320606	Operating and Services	$	7,406,609	$	7,407,297	136370
2210	322620	Supplement Service Trust	$	150,000	$	150,000	136371
4K80	322604	Medicaid Waiver - State Match	$	12,000,000	$	12,000,000	136372
5CT0	322632	Intensive Behavioral Needs	$	1,000,000	$	1,000,000	136373
5DJ0	322625	Targeted Case Management Match	$	21,000,000	$	24,000,000	136374
5DJ0	322626	Targeted Case Management Services	$	57,307,357	$	66,000,000	136375
5DK0	322629	Capital Replacement Facilities	$	750,000	$	750,000	136376
5EV0	322627	Program Fees	$	685,000	$	685,000	136377
5H00	322619	Medicaid Repayment	$	160,000	$	160,000	136378
5JX0	322651	Interagency Workgroup - Autism	$	45,000		45,000	136379
5Z10	322624	County Board Waiver Match	$	235,000,000	$	290,000,000	136380
4890	323632	Developmental Center Direct Care Support	$	16,497,170	$	16,497,169	136381
5S20	590622	Medicaid Administration & Oversight	$	20,875,567	$	21,727,540	136382
TOTAL SSR State Special Revenue Fund Group			$	372,876,703	$	440,422,006	136383
TOTAL ALL BUDGET FUND GROUPS			$	1,780,697,039	$	1,957,655,762	136384

Section 263.10.10. LEASE-RENTAL PAYMENTS

136386

The foregoing appropriation item 320415, Lease-Rental	136387
Payments, shall be used to meet all payments at the times they are	136388
required to be made during the period from July 1, 2011, through	136389
June 30, 2013, by the Department of Developmental Disabilities	136390
under leases and agreements made under section 154.20 of the	136391
Revised Code. These appropriations are the source of funds pledged	136392
for bond service charges or obligations issued pursuant to Chapter	136393
154. of the Revised Code.	136394

Section 263.10.20. MEDICAID - STATE MATCH (GRF)

136395

Except as otherwise provided in section 5123.0416 of the	136396
Revised Code, the purposes for which the foregoing appropriation	136397
item 322407, Medicaid State Match, shall be used include the	136398
following:	136399

(A) Home and community-based waiver services under Title XIX	136400
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	136401
as amended.	136402

(B) To pay the nonfederal share of the cost of one or more	136403
new intermediate care facilities for the mentally retarded	136404
certified beds, if the Director of Developmental Disabilities is	136405
required by this act to transfer cash from funds used by the	136406
Department to any fund used by the Department of Job and Family	136407
Services to pay such nonfederal share.	136408

(C) To implement the requirements of the agreement settling	136409
the consent decree in Sermak v. Manuel, Case No. C-2-80-220,	136410
United States District Court for the Southern District of Ohio,	136411
Eastern Division.	136412

(D) To implement the requirements of the agreement settling	136413
the consent decree in the Martin v. Strickland, Case No.	136414
89-CV-00362, United States District Court for the Southern	136415
District of Ohio, Eastern Division.	136416

(E) Developmental center and residential facilities services.

136417

(F) Other programs as identified by the Director of	136418
Developmental Disabilities.	136419

Section 263.10.30. FAMILY SUPPORT SERVICES SUBSIDY

136420

(A) The foregoing appropriation item 322451, Family Support	136421
Services, may be used as follows in fiscal year 2012 and fiscal	136422
year 2013:	136423

(1) The appropriation item may be used to provide a subsidy	136424
to county boards of developmental disabilities for family support	136425
services provided under section 5126.11 of the Revised Code. The	136426
subsidy shall be paid in quarterly installments and allocated to	136427
county boards according to a formula the Director of Developmental	136428
Disabilities shall develop in consultation with representatives of	136429
county boards. A county board shall use not more than seven per	136430
cent of its subsidy for administrative costs.	136431

(2) The appropriation item may be used to distribute funds to	136432
county boards for the purpose of addressing economic hardships and	136433
to promote efficiency of operations. In consultation with	136434
representatives of county boards, the Director shall determine the	136435
amount of funds to distribute for these purposes and the criteria	136436
for distributing the funds.	136437

(B) Each county board shall submit reports to the Department	136438
of Developmental Disabilities on the use of funds received under	136439
this section. The reports shall be submitted at the times and in	136440
the manner specified in rules the Director shall adopt in	136441
accordance with Chapter 119. of the Revised Code.	136442

Section 263.10.40. STATE SUBSIDY TO COUNTY DD BOARDS

136443

(A) Except as otherwise provided in the section of this act	136444
titled "NONFEDERAL SHARE OF NEW ICF/MR BEDS," the foregoing	136445
appropriation item 322501, County Boards Subsidies, shall be used	136446
for the following purposes:	136447

(1) To provide a subsidy to county boards of developmental	136448
disabilities in quarterly installments and allocated according to	136449
a formula developed by the Director of Developmental Disabilities	136450
in consultation with representatives of county boards. Except as	136451
otherwise provided in section 5126.0511 of the Revised Code, or in	136452
division (B) of this section, county boards shall use the subsidy	136453
for early childhood services and adult services provided under	136454
section 5126.05 of the Revised Code, service and support	136455
administration provided under section 5126.15 of the Revised Code,	136456
or supported living as defined in section 5126.01 of the Revised	136457
Code.	136458

(2) To provide funding, as determined necessary by the	136459
Director of Developmental Disabilities, for residential services,	136460
including room and board, and support service programs that enable	136461
individuals with developmental disabilities to live in the	136462
community.	136463

(3) To distribute funds to county boards of developmental	136464
disabilities to address economic hardships and promote efficiency	136465
of operations. The Director shall determine, in consultation with	136466
representatives of county boards, the amount of funds to	136467
distribute for these purposes and the criteria for distributing	136468
the funds.	136469

(B) In collaboration with the county's family and children	136470
first council, a county board of developmental disabilities may	136471
transfer portions of funds received under this section, to a	136472
flexible funding pool in accordance with the section of this act	136473
titled "FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING POOL."	136474

Section 263.10.50. COUNTY BOARD SHARE OF WAIVER SERVICES

136475

As used in this section, "home and community-based services"	136476
has the same meaning as in section 5123.01 of the Revised Code.	136477

The Director of Developmental Disabilities shall establish a	136478
methodology to be used in fiscal year 2012 and fiscal year 2013 to	136479
estimate the quarterly amount each county board of developmental	136480
disabilities is to pay of the nonfederal share of home and	136481
community-based services that section 5126.0510 of the Revised	136482
Code requires county boards to pay. Each quarter, the Director	136483
shall submit to a county board written notice of the amount the	136484
county board is to pay for that quarter. The notice shall specify	136485
when the payment is due.	136486

Section 263.10.60. TAX EQUITY

136487

Notwithstanding section 5126.18 of the Revised Code, the	136488
foregoing appropriation item 322503, Tax Equity, may be used to	136489
distribute funds to county boards of developmental disabilities to	136490
address economic hardships and promote efficiency of operations.	136491
The Director shall determine, in consultation with representatives	136492
of county boards, the amount of funds to distribute for these	136493
purposes and the criteria for distributing the funds.	136494

Section 263.10.70. MEDICAID WAIVER - STATE MATCH

136495

The foregoing appropriation item 322604, Medicaid Waiver -	136496
State Match (Fund 4K80), shall be used as state matching funds for	136497
home and community-based waivers.	136498

Section 263.10.80. ICF/MR CONVERSION

136499

(A) As used in this section, "home and community-based	136500
services" has the same meaning as in section 5123.01 of the	136501
Revised Code.	136502

(B) For each quarter of the biennium, the Director of	136503
Developmental Disabilities shall certify to the Director of Budget	136504
and Management the estimated amount needed to fund the provision	136505
of home and community-based services made available by the slots	136506
sought under section 5111.877 of the Revised Code. On receipt of	136507
certification, the Director of Budget and Management shall	136508
transfer the estimated amount in cash from the General Revenue	136509
Fund to the Home and Community-Based Services Fund (Fund 4K80),	136510
used by the Department of Developmental Disabilities. Upon	136511
completion of the transfer, appropriation item 600525, Health	136512
Care/Medicaid, is hereby reduced by the amount transferred under	136513
this section plus the corresponding federal share. The amount	136514
transferred to Fund 4K80 is hereby appropriated to appropriation	136515
item 322604, Medicaid Waiver – State Match.	136516

(C) If receipts credited to the Medicaid Waiver Fund (Fund	136517
3G60) exceed the amounts appropriated from the fund, the Director	136518
of Developmental Disabilities may request the Director of Budget	136519
and Management to authorize expenditures from the fund in excess	136520
of the amounts appropriated. Upon the approval of the Director of	136521
Budget and Management, the additional amounts are hereby	136522
appropriated.	136523

(D) If receipts credited to the Interagency Reimbursement	136524
Fund (Fund 3G50) exceed the amounts appropriated from the fund,	136525
the Director of Job and Family Services may request the Director	136526
of Budget and Management to authorize expenditures from the fund	136527
in excess of the amounts appropriated. Upon approval of the	136528
Director of Budget and Management, the additional amounts are	136529
hereby appropriated.	136530

Section 263.10.90. TARGETED CASE MANAGEMENT SERVICES

136531

County boards of developmental disabilities shall pay the	136532
nonfederal portion of targeted case management costs to the	136533
Department of Developmental Disabilities.	136534

The Directors of Developmental Disabilities and Job and	136535
Family Services may enter into an interagency agreement under	136536
which the Department of Developmental Disabilities shall transfer	136537
cash from the Targeted Case Management Fund (Fund 5DJ0) to the	136538
Medicaid Program Support - State Fund (Fund 5C90) used by the	136539
Department of Job and Family Services in an amount equal to the	136540
nonfederal portion of the cost of targeted case management	136541
services paid by county boards, and the Department of Job and	136542
Family Services shall pay the total cost of targeted case	136543
management claims. The transfer shall be made using an intrastate	136544
transfer voucher.	136545

Section 263.20.10. WITHHOLDING OF FUNDS OWED THE DEPARTMENT

136546

If a county board of developmental disabilities does not	136547
fully pay any amount owed to the Department of Developmental	136548
Disabilities by the due date established by the Department, the	136549
Director of Developmental Disabilities may withhold the amount the	136550
county board did not pay from any amounts due to the county board.	136551
The Director may use any appropriation item or fund used by the	136552
Department to transfer cash to any other fund used by the	136553
Department in an amount equal to the amount owed the Department	136554
that the county board did not pay. Transfers under this section	136555
shall be made using an intrastate transfer voucher.	136556

Section 263.20.20. TRANSFER TO MEDICAID REPAYMENT FUND

136557

On July 1, 2011, or as soon as possible thereafter, the	136558
Director of Developmental Disabilities shall request that the	136559
Director of Budget and Management transfer the cash balance in the	136560
Purchase of Service Fund (Fund 4880) to the Medicaid Repayment	136561
Fund (Fund 5H00). Upon completion of the transfer, Fund 4880 is	136562
hereby abolished. The Director of Developmental Disabilities shall	136563
cancel any existing encumbrances against appropriation item	136564
322603, Provider Audit Refunds, and re-establish them against	136565
appropriation item 322619, Medicaid Repayment. The re-established	136566
encumbrances are hereby appropriated.	136567

Section 263.20.30. DEVELOPMENTAL CENTER BILLING FOR SERVICES

136568

Developmental centers of the Department of Developmental	136569
Disabilities may provide services to persons with mental	136570
retardation or developmental disabilities living in the community	136571
or to providers of services to these persons. The Department may	136572
develop a method for recovery of all costs associated with the	136573
provisions of these services.	136574

Section 263.20.40. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	136575
PHARMACY PROGRAMS	136576

The Director of Developmental Disabilities shall quarterly	136577
transfer cash from the Medicaid - Medicare Fund (Fund 3A40) to the	136578
Medicaid Program Support - State Fund (Fund 5C90) used by the	136579
Department of Job and Family Services, in an amount equal to the	136580
nonfederal share of Medicaid prescription drug claim costs for all	136581
developmental centers paid by the Department of Job and Family	136582
Services. The quarterly transfer shall be made using an intrastate	136583
transfer voucher.	136584

Section 263.20.50. NONFEDERAL MATCH FOR ACTIVE TREATMENT	136585
SERVICES	136586

Any county funds received by the Department of Developmental	136587
Disabilities from county boards for active treatment shall be	136588
deposited in the Developmental Disabilities Operating Fund (Fund	136589
4890).	136590

Section 263.20.60. NONFEDERAL SHARE OF NEW ICF/MR BEDS

136591

(A) As used in this section, "intermediate care facility for	136592
the mentally retarded" has the same meaning as in section 5111.20	136593
of the Revised Code.	136594

(B) If the Department of Developmental Disabilities is	136595
required by section 5111.211 of the Revised Code to pay the	136596
nonfederal share of claims submitted for services that are covered	136597
by the Medicaid program and provided to an eligible Medicaid	136598
recipient by an intermediate care facility for the mentally	136599
retarded, the Director of Developmental Disabilities shall	136600
transfer cash to the Department of Job and Family Services to pay	136601
the nonfederal share of the claims. The transfer shall be made	136602
using an intrastate transfer voucher. Except as otherwise provided	136603
in section 5123.0416 of the Revised Code, the Director shall use	136604
only the following appropriation items for the transfer:	136605

(1) Appropriation item 322407, Medicaid State Match;

136606

(2) Appropriation item 322501, County Boards Subsidies.

136607

(C) If the intermediate care facility for the mentally	136608
retarded is located in a county served by a county board of	136609
developmental disabilities that initiates or supports the	136610
facility's certification as an intermediate care facility for the	136611
mentally retarded by the Director of Health, the cash that the	136612
Director transfers under division (B) of this section shall be	136613
moneys that the Director has allocated to the county board serving	136614
the county in which the facility is located unless the amount of	136615
the allocation is insufficient to pay the entire nonfederal share	136616
of the claims submitted by the facility. If the allocation is	136617
insufficient, the Director shall use as much of such moneys	136618
allocated to other counties as is needed to make up the	136619
difference.	136620

Section 263.20.70. RATE INCREASE FOR WAIVER PROVIDERS	136621
SERVING FORMER RESIDENTS OF DEVELOPMENTAL CENTERS	136622

Subject to approval by the Centers for Medicare and Medicaid	136623
Services, the Department of Job and Family Services shall increase	136624
the rate paid to a provider under the Individual Options Waiver by	136625
fifty-two cents for each fifteen minutes of routine	136626
homemaker/personal care provided to an individual for up to a year	136627
if all of the following apply:	136628

(A) The individual was a resident of a developmental center	136629
immediately prior to enrollment in the waiver;	136630

(B) The provider begins serving the individual on or after	136631
July 1, 2011;	136632

(C) The Director of Developmental Disabilities determines	136633
that the increased rate is warranted by the individual's special	136634
circumstances, including the individual's diagnosis, service	136635
needs, or length of stay at the developmental center, and that	136636
serving the individual through the Individual Options Waiver is	136637
fiscally prudent for the Medicaid program.	136638

Section 263.20.80. ODODD INNOVATIVE PILOT PROJECTS

136639

(A) In fiscal year 2012 and fiscal year 2013, the Director of	136640
Developmental Disabilities may authorize the implementation of one	136641
or more innovative pilot projects that, in the judgment of the	136642
Director, are likely to assist in promoting the objectives of	136643
Chapter 5123. or 5126. of the Revised Code. Subject to division	136644
(B) of this section and notwithstanding any provision of Chapters	136645
5123. and 5126. of the Revised Code and any rule adopted under	136646
either chapter, a pilot project authorized by the Director may be	136647
implemented in a manner inconsistent with one or more provisions	136648
of Chapter 5123. or 5126. of the Revised Code or one or more rules	136649
adopted under either chapter. Before authorizing a pilot program,	136650
the Director shall consult with entities interested in the issue	136651
of developmental disabilities, including the Ohio Provider	136652
Resource Association, the Ohio Association of County Boards of	136653
Developmental Disabilities, and the ARC of Ohio.	136654

(B) The Director may not authorize a pilot project to be	136655
implemented in a manner that would cause the state to be out of	136656
compliance with any requirements for a program funded in whole or	136657
in part with federal funds.	136658

Section 263.20.90. OHIO DEVELOPMENTAL DISABILITIES COUNCIL	136659
REMOTE ATTENDANCE PILOT PROGRAM	136660

(A) The Ohio Developmental Disabilities Council may establish	136661
a pilot program to allow Council members to attend a public	136662
Council meeting by teleconference or video conference in lieu of	136663
physically attending the meeting. If the pilot program is	136664
established, it shall be operated until two years after the	136665
effective date of this section.	136666

A member who attends a Council meeting by teleconference or	136667
video conference shall be counted for purposes of determining	136668
whether a quorum is present for the transaction of business. The	136669
member shall be permitted to vote at the meeting.	136670

At each Council meeting that includes members in attendance	136671
by teleconference or video conference, at least three Council	136672
members shall be physically present. Any Council meeting may be	136673
held with members in attendance by teleconference or video	136674
conference, except that the Council shall hold at least one	136675
meeting during each year of the pilot program at which members are	136676
not permitted to attend by teleconference or video conference.	136677

(B) If the pilot program is established, the Council shall	136678
submit a report to the General Assembly not later than one year	136679
after the effective date of this section to assist the General	136680
Assembly in determining whether legislation establishing remote	136681
attendance by teleconference or video conference for the meetings	136682
of other public bodies would be beneficial. The report shall be	136683
submitted in accordance with section 101.68 of the Revised Code.	136684
The report shall include all of the following:	136685

(1) A description of the effect of teleconferencing or video	136686
conferencing on the operation of the Council meetings;	136687

(2) An accounting of any costs incurred or savings realized	136688
by the Council through the use of teleconferencing or video	136689
conferencing;	136690

(3) Regarding the Council meetings held during the pilot	136691
program, all of the following:	136692

(a) The notice of each meeting;

136693

(b) Attendance records for all Council members;

136694

136695

(d) A summary or copy of any comments made by the public or	136696
media regarding the use of teleconferencing or video conferencing;	136697

(e) A copy of the minutes for each meeting;

136698

(f) An accounting of the costs incurred for each meeting;

136699

(g) A description of any local media coverage of a	136700
teleconference or video conference meeting.	136701

(C) The Ohio Developmental Disabilities Council may adopt any	136702
rules the Council considers necessary to implement this section.	136703
The rules shall be adopted in accordance with Chapter 119. of the	136704
Revised Code.	136705

At a minimum, the rules shall do the following:

136706

(1) Allow Council members to remotely attend a public Council	136707
meeting by teleconference or video conference in lieu of	136708
physically attending the meeting;	136709

(2) Establish a method for verifying the identity of a member	136710
who remotely attends a meeting by teleconference or video	136711
conference;	136712

(3) Establish a policy for distributing and circulating	136713
necessary documents to Council members, the public, and the media	136714
in advance of a meeting at which members are permitted to attend	136715
by teleconference or video conference.	136716

Section 265.10. OBD OHIO BOARD OF DIETETICS

136717

General Services Fund Group	136718

4K90	860609	Operating Expenses	$	355,789	$	330,592	136719
TOTAL GSF General Services Fund							136720
Group			$	355,789	$	330,592	136721
TOTAL ALL BUDGET FUND GROUPS			$	355,789	$	330,592	136722

Section 267.10. EDU DEPARTMENT OF EDUCATION

136724

General Revenue Fund	136725

GRF	200100	Personal Services	$	8,579,178	$	8,579,178	136726
GRF	200320	Maintenance and Equipment	$	2,830,407	$	2,830,407	136727
GRF	200408	Early Childhood Education	$	23,268,341	$	23,268,341	136728
GRF	200416	Career-Technical Education Match	$	2,233,195	$	2,233,195	136729
GRF	200420	Computer/Application/ Network Development	$	4,241,296	$	4,241,296	136730
GRF	200421	Alternative Education Programs	$	7,403,998	$	7,403,998	136731
GRF	200422	School Management Assistance	$	2,842,812	$	3,000,000	136732
GRF	200424	Policy Analysis	$	328,558	$	328,558	136733
GRF	200425	Tech Prep Consortia Support	$	260,542	$	260,542	136734
GRF	200426	Ohio Educational Computer Network	$	17,974,489	$	17,974,489	136735
GRF	200427	Academic Standards	$	4,346,060	$	3,700,000	136736
GRF	200437	Student Assessment	$	55,002,167	$	55,002,167	136737
GRF	200439	Accountability/Report Cards	$	3,579,279	$	3,579,279	136738
GRF	200442	Child Care Licensing	$	827,140	$	827,140	136739
GRF	200446	Education Management Information System	$	6,833,070	$	6,833,070	136740
GRF	200447	GED Testing	$	879,551	$	879,551	136741
GRF	200448	Educator Preparation	$	786,737	$	786,737	136742
GRF	200455	Community Schools and Choice Programs	$	2,200,000	$	2,200,000	136743
GRF	200502	Pupil Transportation	$	438,248,936	$	442,113,527	136744
GRF	200505	School Lunch Match	$	9,100,000	$	9,100,000	136745
GRF	200511	Auxiliary Services	$	124,194,099	$	126,194,099	136746
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	56,164,384	$	57,006,850	136747
GRF	200540	Special Education Enhancements	$	135,820,668	$	135,820,668	136748
GRF	200545	Career-Technical Education Enhancements	$	8,802,699	$	8,802,699	136749
GRF	200550	Foundation Funding	$	5,536,347,861	$	5,610,290,686	136750
GRF	200901	Property Tax Allocation - Education	$	1,086,500,000	$	1,095,000,000	136751
TOTAL GRF General Revenue Fund			$	7,539,595,467	$	7,628,256,477	136752

General Services Fund Group	136753

1380	200606	Computer Services-Operational Support	$	7,600,090	$	7,600,090	136754
4520	200638	Miscellaneous Educational Services	$	300,000	$	300,000	136755
4L20	200681	Teacher Certification and Licensure	$	8,147,756	$	8,147,756	136756
5960	200656	Ohio Career Information System	$	529,761	$	529,761	136757
5H30	200687	School District Solvency Assistance	$	25,000,000	$	25,000,000	136758
TOTAL GSF General Services							136759
Fund Group			$	41,577,607	$	41,577,607	136760

Federal Special Revenue Fund Group	136761

3090	200601	Neglected and Delinquent Education	$	2,168,642	$	2,168,642	136762
3670	200607	School Food Services	$	6,803,472	$	6,959,906	136763
3690	200616	Career-Technical Education Federal Enhancement	$	5,000,000	$	5,000,000	136764
3700	200624	Education of Exceptional Children	$	1,905,000	$	0	136765
3780	200660	Learn and Serve	$	619,211	$	619,211	136766
3AF0	200603	Schools Medicaid Administrative Claims	$	639,000	$	639,000	136767
3AN0	200671	School Improvement Grants	$	20,400,000	$	20,400,000	136768
3AX0	200698	Improving Health and Educational Outcomes of Young People	$	630,954	$	630,954	136769
3BK0	200628	Longitudinal Data Systems	$	500,000	$	250,000	136770
3C50	200661	Early Childhood Education	$	14,554,749	$	14,554,749	136771
3CG0	200646	Teacher Incentive Fund	$	1,925,881	$	0	136772
3D10	200664	Drug Free Schools	$	1,500,000	$	0	136773
3D20	200667	Math Science Partnerships	$	9,500,001	$	9,500,001	136774
3DG0	200630	Federal Stimulus - McKinney Vento Grants	$	330,512	$	0	136775
3DJ0	200699	IDEA Part B - Federal Stimulus	$	21,886,803	$	0	136776
3DK0	200642	Title 1A - Federal Stimulus	$	18,633,673	$	0	136777
3DL0	200650	IDEA Preschool - Federal Stimulus	$	670,000	$	0	136778
3DM0	200651	Title IID Technology - Federal Stimulus	$	1,195,100	$	0	136779
3DP0	200652	Title I School Improvement - Federal Stimulus	$	48,500,000	$	30,000,000	136780
3EC0	200653	Teacher Incentive - Federal Stimulus	$	7,500,000	$	7,500,000	136781
3EH0	200620	Migrant Education	$	2,645,905	$	2,645,905	136782
3EJ0	200622	Homeless Children Education	$	1,759,782	$	1,759,782	136783
3EN0	200655	State Data Systems - Federal Stimulus	$	2,500,000	$	2,500,000	136784
3ES0	200657	General Supervisory Enhancement Grant	$	500,000	$	500,000	136785
3ET0	200658	Education Jobs Fund	$	300,000,000	$	50,000,000	136786
3FD0	200665	Race to the Top	$	100,000,000	$	100,000,000	136787
3FE0	200669	Striving Readers	$	180,000	$	100,000	136788
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	136789
3L60	200617	Federal School Lunch	$	327,516,539	$	337,323,792	136790
3L70	200618	Federal School Breakfast	$	87,596,850	$	90,224,756	136791
3L80	200619	Child/Adult Food Programs	$	100,850,833	$	103,876,359	136792
3L90	200621	Career-Technical Education Basic Grant	$	48,466,864	$	48,466,864	136793
3M00	200623	ESEA Title 1A	$	530,010,000	$	530,010,000	136794
3M20	200680	Individuals with Disabilities Education Act	$	443,170,050	$	443,170,050	136795
3S20	200641	Education Technology	$	9,487,397	$	9,487,397	136796
3T40	200613	Public Charter Schools	$	14,291,353	$	14,291,353	136797
3Y20	200688	21st Century Community Learning Centers	$	43,720,462	$	45,906,485	136798
3Y60	200635	Improving Teacher Quality	$	101,900,000	$	101,900,000	136799
3Y70	200689	English Language Acquisition	$	8,373,995	$	8,373,995	136800
3Y80	200639	Rural and Low Income Technical Assistance	$	1,500,000	$	1,500,000	136801
3Z20	200690	State Assessments	$	11,882,258	$	11,882,258	136802
3Z30	200645	Consolidated Federal Grant Administration	$	8,949,280	$	8,949,280	136803
TOTAL FED Federal Special							136804
Revenue Fund Group			$	2,310,389,566	$	2,011,315,739	136805

State Special Revenue Fund Group	136806

4540	200610	Guidance and Testing	$	1,050,000	$	1,050,000	136807
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	136808
4R70	200695	Indirect Operational Support	$	6,500,000	$	6,600,000	136809
4V70	200633	Interagency Operational Support	$	1,117,725	$	1,117,725	136810
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	136811
5BB0	200696	State Action for Education Leadership	$	231,300	$	0	136812
5BJ0	200626	Half-Mill Maintenance Equalization	$	17,300,000	$	18,000,000	136813
5U20	200685	National Education Statistics	$	300,000	$	300,000	136814
6200	200615	Educational Improvement Grants	$	3,000,000	$	3,000,000	136815
TOTAL SSR State Special Revenue							136816
Fund Group			$	54,827,935	$	55,396,635	136817

Lottery Profits Education Fund Group	136818

7017	200612	Foundation Funding	$	717,500,000	$	680,500,000	136819
TOTAL LPE Lottery Profits							136820
Education Fund Group			$	717,500,000	$	680,500,000	136821

Revenue Distribution Fund Group	136822

7047	200909	School District Property Tax Replacement-Business	$	722,000,000	$	475,000,000	136823
7053	200900	School District Property Tax Replacement-Utility	$	34,000,000	$	30,000,000	136824
TOTAL RDF Revenue Distribution							136825
Fund Group			$	756,000,000	$	505,000,000	136826
TOTAL ALL BUDGET FUND GROUPS			$	11,419,890,575	$	10,922,046,458	136827

Section 267.10.10. EARLY CHILDHOOD EDUCATION

136829

The Department of Education shall distribute the foregoing	136830
appropriation item 200408, Early Childhood Education, to pay the	136831
costs of early childhood education programs.	136832

(A) As used in this section:

136833

(1) "Provider" means a city, local, exempted village, or	136834
joint vocational school district, or an educational service	136835
center.	136836

(2) In the case of a city, local, or exempted village school	136837
district, "new eligible provider" means a district that did not	136838
receive state funding for Early Childhood Education in the	136839
previous fiscal year or demonstrates a need for early childhood	136840
programs as defined in division (D) of this section.	136841

(3) "Eligible child" means a child who is at least three	136842
years of age as of the district entry date for kindergarten, is	136843
not of the age to be eligible for kindergarten, and whose family	136844
earns not more than two hundred per cent of the federal poverty	136845
guidelines as defined in division (A)(3) of section 5101.46 of the	136846
Revised Code. Children with an Individualized Education Program	136847
and where the Early Childhood Education program is the least	136848
restrictive environment may be enrolled on their third birthday.	136849

(B) In each fiscal year, up to two per cent of the total	136850
appropriation may be used by the Department for program support	136851
and technical assistance. The Department shall distribute the	136852
remainder of the appropriation in each fiscal year to serve	136853
eligible children.	136854

(C) The Department shall provide an annual report to the	136855
Governor, the Speaker of the House of Representatives, and the	136856
President of the Senate and post the report to the Department's	136857
web site, regarding early childhood education programs operated	136858
under this section and the early learning program guidelines.	136859

(D) After setting aside the amounts to make payments due from	136860
the previous fiscal year, in fiscal year 2012, the Department	136861
shall distribute funds first to recipients of funds for early	136862
childhood education programs under Section 265.10.20 of Am. Sub.	136863
H.B. 1 of the 128th General Assembly in the previous fiscal year	136864
and the balance to new eligible providers of early childhood	136865
education programs under this section or to existing providers to	136866
serve more eligible children or for purposes of program expansion,	136867
improvement, or special projects to promote quality and	136868
innovation.	136869

After setting aside the amounts to make payments due from the	136870
previous fiscal year, in fiscal year 2013, the Department shall	136871
distribute funds first to providers of early childhood education	136872
programs under this section in the previous fiscal year and the	136873
balance to new eligible providers or to existing providers to	136874
serve more eligible children or for purposes of program expansion,	136875
improvement, or special projects to promote quality and	136876
innovation.	136877

Awards under this section shall be distributed on a per-pupil	136878
basis, and in accordance with division (H) of this section. The	136879
Department may adjust the per-pupil amount so that the per-pupil	136880
amount multiplied by the number of eligible children enrolled and	136881
receiving services on the first day of December or the business	136882
day closest to that date equals the amount allocated under this	136883
section.	136884

(E) Costs for developing and administering an early childhood	136885
education program may not exceed fifteen per cent of the total	136886
approved costs of the program.	136887

All providers shall maintain such fiscal control and	136888
accounting procedures as may be necessary to ensure the	136889
disbursement of, and accounting for, these funds. The control of	136890
funds provided in this program, and title to property obtained,	136891
shall be under the authority of the approved provider for purposes	136892
provided in the program unless, as described in division (J) of	136893
this section, the program waives its right for funding or a	136894
program's funding is eliminated or reduced due to its inability to	136895
meet financial or early learning program guidelines. The approved	136896
provider shall administer and use such property and funds for the	136897
purposes specified.	136898

(F) The Department may examine a provider's financial and	136899
program records. If the financial practices of the program are not	136900
in accordance with standard accounting principles or do not meet	136901
financial standards outlined under division (E) of this section,	136902
or if the program fails to substantially meet the early learning	136903
program guidelines or exhibits below average performance as	136904
measured against the guidelines, the early childhood education	136905
program shall propose and implement a corrective action plan that	136906
has been approved by the Department. The approved corrective	136907
action plan shall be signed by the chief executive officer and the	136908
executive of the official governing body of the provider. The	136909
corrective action plan shall include a schedule for monitoring by	136910
the Department. Such monitoring may include monthly reports,	136911
inspections, a timeline for correction of deficiencies, and	136912
technical assistance to be provided by the Department or obtained	136913
by the early childhood education program. The Department may	136914
withhold funding pending corrective action. If an early childhood	136915
education program fails to satisfactorily complete a corrective	136916
action plan, the Department may deny expansion funding to the	136917
program or withdraw all or part of the funding to the program and	136918
establish a new eligible provider through a selection process	136919
established by the Department.	136920

(G) Each early childhood education program shall do all of	136921
the following:	136922

(1) Meet teacher qualification requirements prescribed by	136923
section 3301.311 of the Revised Code;	136924

(2) Align curriculum to the early learning content standards	136925
developed by the Department;	136926

(3) Meet any child or program assessment requirements	136927
prescribed by the Department;	136928

(4) Require teachers, except teachers enrolled and working to	136929
obtain a degree pursuant to section 3301.311 of the Revised Code,	136930
to attend a minimum of twenty hours every two years of	136931
professional development as prescribed by the Department;	136932

(5) Document and report child progress as prescribed by the	136933
Department;	136934

(6) Meet and report compliance with the early learning	136935
program guidelines as prescribed by the Department.	136936

(H) Per-pupil funding for programs subject to this section	136937
shall be sufficient to provide eligible children with services for	136938
a standard early childhood schedule which shall be defined in this	136939
section as a minimum of twelve and one-half hours per school week	136940
as defined in section 3313.62 of the Revised Code for the minimum	136941
school year as defined in sections 3313.48, 3313.481, and 3313.482	136942
of the Revised Code. Nothing in this section shall be construed to	136943
prohibit program providers from utilizing other funds to serve	136944
eligible children in programs that exceed the twelve and one-half	136945
hours per week or that exceed the minimum school year. For any	136946
provider for which a standard early childhood education schedule	136947
creates a hardship or for which the provider shows evidence that	136948
the provider is working in collaboration with a preschool special	136949
education program, the provider may submit a waiver to the	136950
Department requesting an alternate schedule. If the Department	136951
approves a waiver for an alternate schedule that provides services	136952
for less time than the standard early childhood education	136953
schedule, the Department may reduce the provider's annual	136954
allocation proportionately. Under no circumstances shall an annual	136955
allocation be increased because of the approval of an alternate	136956
schedule.	136957

(I) Each provider shall develop a sliding fee scale based on	136958
family incomes and shall charge families who earn more than two	136959
hundred per cent of the federal poverty guidelines, as defined in	136960
division (A)(3) of section 5101.46 of the Revised Code, for the	136961
early childhood education program.	136962

The Department shall conduct an annual survey of each	136963
provider to determine whether the provider charges families	136964
tuition or fees, the amount families are charged relative to	136965
family income levels, and the number of families and students	136966
charged tuition and fees for the early childhood program.	136967

(J) If an early childhood education program voluntarily	136968
waives its right for funding, or has its funding eliminated for	136969
not meeting financial standards or the early learning program	136970
guidelines, the provider shall transfer control of title to	136971
property, equipment, and remaining supplies obtained through the	136972
program to providers designated by the Department and return any	136973
unexpended funds to the Department along with any reports	136974
prescribed by the Department. The funding made available from a	136975
program that waives its right for funding or has its funding	136976
eliminated or reduced may be used by the Department for new grant	136977
awards or expansion grants. The Department may award new grants or	136978
expansion grants to eligible providers who apply. The eligible	136979
providers who apply must do so in accordance with the selection	136980
process established by the Department.	136981

(K) As used in this section, "early learning program	136982
guidelines" means the guidelines established by the Department	136983
pursuant to division (C)(3) of Section 206.09.54 of Am. Sub. H.B.	136984
66 of the 126th General Assembly.	136985

(L) Eligible expenditures for the Early Childhood Education	136986
program shall be claimed each fiscal year to help meet the state's	136987
TANF maintenance of effort requirement. The Superintendent of	136988
Public Instruction and the Director of Job and Family Services	136989
shall enter into an interagency agreement to carry out the	136990
requirements under this division, which shall include developing	136991
reporting guidelines for these expenditures.	136992

Section 267.10.20. CAREER-TECHNICAL EDUCATION MATCH

136993

The foregoing appropriation item 200416, Career-Technical	136994
Education Match, shall be used by the Department of Education to	136995
provide vocational administration matching funds under 20 U.S.C.	136996
2311.	136997

The Director of Budget and Management shall transfer any	136998
remaining appropriation from appropriation item 200416,	136999
Career-Technical Education Match, to appropriation item 200426,	137000
Ohio Educational Computer Network, to support the Ohio Educational	137001
Computer Network.	137002

COMPUTER/APPLICATION/NETWORK DEVELOPMENT

137003

The foregoing appropriation item 200420,	137004
Computer/Application/Network Development, shall be used to support	137005
the development and implementation of information technology	137006
solutions designed to improve the performance and services of the	137007
Department of Education. Funds may be used for personnel,	137008
maintenance, and equipment costs related to the development and	137009
implementation of these technical system projects. Implementation	137010
of these systems shall allow the Department to provide greater	137011
levels of assistance to school districts and to provide more	137012
timely information to the public, including school districts,	137013
administrators, and legislators. Funds may also be used to support	137014
data-driven decision-making and differentiated instruction, as	137015
well as to communicate academic content standards and curriculum	137016
models to schools through web-based applications.	137017

Section 267.10.30. ALTERNATIVE EDUCATION PROGRAMS

137018

The foregoing appropriation item 200421, Alternative	137019
Education Programs, shall be used for the renewal of successful	137020
implementation grants and for competitive matching grants to	137021
school districts for alternative educational programs for existing	137022
and new at-risk and delinquent youth. Programs shall be focused on	137023
youth in one or more of the following categories: those who have	137024
been expelled or suspended, those who have dropped out of school	137025
or who are at risk of dropping out of school, those who are	137026
habitually truant or disruptive, or those on probation or on	137027
parole from a Department of Youth Services facility. Grants shall	137028
be awarded according to the criteria established by the	137029
Alternative Education Advisory Council in 1999. Grants shall be	137030
awarded only to programs in which the grant will not serve as the	137031
program's primary source of funding. These grants shall be	137032
administered by the Department of Education.	137033

The Department of Education may waive compliance with any	137034
minimum education standard established under section 3301.07 of	137035
the Revised Code for any alternative school that receives a grant	137036
under this section on the grounds that the waiver will enable the	137037
program to more effectively educate students enrolled in the	137038
alternative school.	137039

Of the foregoing appropriation item 200421, Alternative	137040
Education Programs, a portion may be used for program	137041
administration, monitoring, technical assistance, support,	137042
research, and evaluation.	137043

Section 267.10.40. SCHOOL MANAGEMENT ASSISTANCE

137044

Of the foregoing appropriation item 200422, School Management	137045
Assistance, $1,000,000 in fiscal year 2012 and $1,300,000 in	137046
fiscal year 2013 shall be used by the Auditor of State in	137047
consultation with the Department of Education for expenses	137048
incurred in the Auditor of State's role relating to fiscal	137049
caution, fiscal watch, and fiscal emergency activities as defined	137050
in Chapter 3316. of the Revised Code and may also be used by the	137051
Auditor of State to conduct performance audits of other school	137052
districts with priority given to districts in fiscal distress.	137053
Districts in fiscal distress shall be determined by the Auditor of	137054
State and shall include districts that the Auditor of State, in	137055
consultation with the Department of Education, determines are	137056
employing fiscal practices or experiencing budgetary conditions	137057
that could produce a state of fiscal watch or fiscal emergency.	137058

The remainder of appropriation item 200422, School Management	137059
Assistance, shall be used by the Department of Education to	137060
provide fiscal technical assistance and inservice education for	137061
school district management personnel and to administer, monitor,	137062
and implement the fiscal caution, fiscal watch, and fiscal	137063
emergency provisions under Chapter 3316. of the Revised Code.	137064

Section 267.10.50. POLICY ANALYSIS

137065

The foregoing appropriation item 200424, Policy Analysis,	137066
shall be used by the Department of Education to support a system	137067
of administrative, statistical, and legislative education	137068
information to be used for policy analysis. Staff supported by	137069
this appropriation shall administer the development of reports,	137070
analyses, and briefings to inform education policymakers of	137071
current trends in education practice, efficient and effective use	137072
of resources, and evaluation of programs to improve education	137073
results. The database shall be kept current at all times. These	137074
research efforts shall be used to supply information and analysis	137075
of data to the General Assembly and other state policymakers,	137076
including the Office of Budget and Management, the Governor's	137077
Office of 21st Century Education, and the Legislative Service	137078
Commission.	137079

The Department of Education may use funding from this	137080
appropriation item to purchase or contract for the development of	137081
software systems or contract for policy studies that will assist	137082
in the provision and analysis of policy-related information.	137083
Funding from this appropriation item also may be used to monitor	137084
and enhance quality assurance for research-based policy analysis	137085
and program evaluation to enhance the effective use of education	137086
information to inform education policymakers.	137087

A portion of the foregoing appropriation item 200424, Policy	137088
Analysis, may be used in conjunction with appropriation item	137089
200439, Accountability/Report Cards, to support a fiscal reporting	137090
dimension that shall contain fiscal data reported for the prior	137091
fiscal year. The fiscal information contained therein shall be	137092
updated and reported annually in a form and in a manner as	137093
determined by the Department.	137094

TECH PREP CONSORTIA SUPPORT

137095

The foregoing appropriation item 200425, Tech Prep Consortia	137096
Support, shall be used by the Department of Education to support	137097
state-level activities designed to support, promote, and expand	137098
tech prep programs. Use of these funds shall include, but not be	137099
limited to, administration of grants, program evaluation,	137100
professional development, curriculum development, assessment	137101
development, program promotion, communications, and statewide	137102
coordination of tech prep consortia.	137103

Section 267.10.60. OHIO EDUCATIONAL COMPUTER NETWORK

137104

The foregoing appropriation item 200426, Ohio Educational	137105
Computer Network, shall be used by the Department of Education to	137106
maintain a system of information technology throughout Ohio and to	137107
provide technical assistance for such a system in support of the	137108
P-16 State Education Technology Plan developed under section	137109
3353.09 of the Revised Code.	137110

Of the foregoing appropriation item 200426, Ohio Educational	137111
Computer Network, up to $10,705,569 in each fiscal year shall be	137112
used by the Department of Education to support connection of all	137113
public school buildings and participating chartered nonpublic	137114
schools to the state's education network, to each other, and to	137115
the Internet. In each fiscal year the Department of Education	137116
shall use these funds to assist information technology centers or	137117
school districts with the operational costs associated with this	137118
connectivity. The Department of Education shall develop a formula	137119
and guidelines for the distribution of these funds to information	137120
technology centers or individual school districts. As used in this	137121
section, "public school building" means a school building of any	137122
city, local, exempted village, or joint vocational school	137123
district, any community school established under Chapter 3314. of	137124
the Revised Code, any STEM school established under Chapter 3326.	137125
of the Revised Code, any educational service center building used	137126
for instructional purposes, the Ohio School for the Deaf and the	137127
Ohio School for the Blind, high schools chartered by the Ohio	137128
Department of Youth Services, or high schools operated by Ohio	137129
Department of Rehabilitation and Corrections' Ohio Central School	137130
System.	137131

Of the foregoing appropriation item 200426, Ohio Educational	137132
Computer Network, up to $1,440,000 in each fiscal year shall be	137133
used for the Union Catalog and InfOhio Network and to support the	137134
provision of electronic resources with priority given to resources	137135
that support the teaching of state academic content standards in	137136
all public schools. Consideration shall be given by the Department	137137
of Education to coordinating the allocation of these moneys with	137138
the efforts of Libraries Connect Ohio, whose members include	137139
OhioLINK, the Ohio Public Information Network, and the State	137140
Library of Ohio.	137141

Of the foregoing appropriation item 200426, Ohio Educational	137142
Computer Network, up to $5,220,000 in each fiscal year shall be	137143
used, through a formula and guidelines devised by the Department,	137144
to subsidize the activities of designated information technology	137145
centers, as defined by State Board of Education rules, to provide	137146
school districts and chartered nonpublic schools with	137147
computer-based student and teacher instructional and	137148
administrative information services, including approved	137149
computerized financial accounting, and to ensure the effective	137150
operation of local automated administrative and instructional	137151
systems.	137152

The remainder of appropriation item 200426, Ohio Educational	137153
Computer Network, shall be used to support the work of the	137154
development, maintenance, and operation of a network of uniform	137155
and compatible computer-based information and instructional	137156
systems. This technical assistance shall include, but not be	137157
restricted to, development and maintenance of adequate computer	137158
software systems to support network activities. In order to	137159
improve the efficiency of network activities, the Department and	137160
information technology centers may jointly purchase equipment,	137161
materials, and services from funds provided under this	137162
appropriation for use by the network and, when considered	137163
practical by the Department, may utilize the services of	137164
appropriate state purchasing agencies.	137165

Section 267.10.70. ACADEMIC STANDARDS

137166

The foregoing appropriation item 200427, Academic Standards,	137167
shall be used by the Department of Education to develop, revise,	137168
and communicate to school districts academic content standards and	137169
curriculum models.	137170

Section 267.10.80. STUDENT ASSESSMENT

137171

Of the foregoing appropriation item 200437, Student	137172
Assessment, up to $95,000 in each fiscal year may be used to	137173
support the assessments required under section 3301.0715 of the	137174
Revised Code.	137175

The remainder of appropriation item 200437, Student	137176
Assessment, shall be used to develop, field test, print,	137177
distribute, score, report results, and support other associated	137178
costs for the tests required under sections 3301.0710, 3301.0711,	137179
and 3301.0712 of the Revised Code and for similar purposes as	137180
required by section 3301.27 of the Revised Code. If funds remain	137181
in this appropriation after these purposes have been fulfilled,	137182
the Department may use the remainder of the appropriation to	137183
develop end-of-course exams.	137184

DEPARTMENT OF EDUCATION APPROPRIATION TRANSFERS FOR STUDENT	137185
ASSESSMENT	137186

In fiscal year 2012 and fiscal year 2013, if the	137187
Superintendent of Public Instruction determines that additional	137188
funds are needed to fully fund the requirements of sections	137189
3301.0710, 3301.0711, and 3301.27 of the Revised Code and this act	137190
for assessments of student performance, the Superintendent of	137191
Public Instruction may recommend the reallocation of unexpended	137192
and unencumbered General Revenue Fund appropriations within the	137193
Department of Education to appropriation item 200437, Student	137194
Assessment, to the Director of Budget and Management. If the	137195
Director of Budget and Management determines that such a	137196
reallocation is required, the Director of Budget and Management	137197
may transfer unexpended and unencumbered appropriations within the	137198
Department of Education as necessary to appropriation item 200437,	137199
Student Assessment. If these transferred appropriations are not	137200
sufficient to fully fund the assessment requirements in fiscal	137201
year 2012 or fiscal year 2013, the Superintendent of Public	137202
Instruction may request that the Controlling Board transfer up to	137203
$9,000,000 cash from the Lottery Profits Education Reserve Fund	137204
(Fund 7018) to the General Revenue Fund. Upon approval of the	137205
Controlling Board, the Director of Budget and Management shall	137206
transfer the cash. These transferred funds are hereby appropriated	137207
for the same purpose as appropriation item 200437, Student	137208
Assessment.	137209

Section 267.10.90. (A) Notwithstanding anything to the	137210
contrary in section 3301.0710, 3301.0711, 3301.0715 or 3313.608 of	137211
the Revised Code, the administration of the English language arts	137212
assessments for elementary grades as a replacement for the	137213
separate reading and writing assessments prescribed by sections	137214
3301.0710 and 3301.0711 of the Revised Code, as those sections	137215
were amended by Am. Sub. H.B. 1 of the 128th General Assembly,	137216
shall not be required until a date prescribed by rule of the State	137217
Board of Education. Until that date, the Department of Education	137218
and school districts and schools shall continue to administer	137219
separate reading assessments for elementary grades, as prescribed	137220
by the versions of sections 3301.0710 and 3301.0711 of the Revised	137221
Code that were in effect prior to the effective date of Section	137222
265.20.15 of Am. Sub. H.B. 1 of the 128th General Assembly. The	137223
intent for delaying implementation of the replacement English	137224
language arts assessment is to provide adequate time for the	137225
complete development of the new assessment.	137226

(B) Notwithstanding anything to the contrary in section	137227
3301.0710 of the Revised Code, the State Board shall not prescribe	137228
the three ranges of scores for the assessments prescribed by	137229
division (A)(2) of section 3301.0710 of the Revised Code, as	137230
amended by Am. Sub. H.B. 1 of the 128th General Assembly, until	137231
the Board adopts the rule required by division (A) of this	137232
section. Until that date, the Board shall continue to prescribe	137233
the five ranges of scores required by the version of section	137234
3301.0710 of the Revised Code in effect prior to the effective	137235
date of Section 265.20.15 of Am. Sub. H.B. 1 of the 128th General	137236
Assembly, and the following apply:	137237

(1) The range of scores designated by the State Board as a	137238
proficient level of skill remains the passing score on the Ohio	137239
Graduation Tests for purposes of sections 3313.61, 3313.611,	137240
3313.612, and 3325.08 of the Revised Code;	137241

(2) The range of scores designated as a limited level of	137242
skill remains the standard for applying the third-grade reading	137243
guarantee under division (A) of section 3313.608 of the Revised	137244
Code;	137245

(3) The range of scores designated by the State Board as a	137246
proficient level of skill remains the standard for the summer	137247
remediation requirement of division (B)(2) of section 3313.608 of	137248
the Revised Code.	137249

(C) This section is not subject to expiration after June 30,	137250
2013, under Section 809.10 of this act.	137251

Section 267.20.10. Notwithstanding anything to the contrary	137252
in sections 3301.0710 and 3301.0711 of the Revised Code, in the	137253
2011-2012 and 2012-2013 school years, the Department of Education	137254
shall not furnish, and school districts and schools shall not	137255
administer, the elementary writing and social studies achievement	137256
assessments prescribed by section 3301.0710 of the Revised Code,	137257
unless the Superintendent of Public Instruction determines the	137258
Department has sufficient funds to pay the costs of furnishing and	137259
scoring those assessments.	137260

Section 267.20.20. ACCOUNTABILITY/REPORT CARDS

137261

Of the foregoing appropriation item 200439,	137262
Accountability/Report Cards, a portion in each fiscal year may be	137263
used to train district and regional specialists and district	137264
educators in the use of the value-added progress dimension and in	137265
the use of data as it relates to improving student achievement.	137266
This training may include teacher and administrator professional	137267
development in the use of data to improve instruction and student	137268
learning, and teacher and administrator training in understanding	137269
teacher value-added reports and how they can be used as a	137270
component in measuring teacher and administrator effectiveness. A	137271
portion of this funding may be provided to a credible nonprofit	137272
organization with expertise in value-added progress dimensions.	137273

The remainder of appropriation item 200439,	137274
Accountability/Report Cards, shall be used by the Department to	137275
incorporate a statewide value-added progress dimension into	137276
performance ratings for school districts and for the development	137277
of an accountability system that includes the preparation and	137278
distribution of school report cards and funding and expenditure	137279
accountability reports under sections 3302.03 and 3302.031 of the	137280
Revised Code.	137281

CHILD CARE LICENSING

137282

The foregoing appropriation item 200442, Child Care	137283
Licensing, shall be used by the Department of Education to license	137284
and to inspect preschool and school-age child care programs under	137285
sections 3301.52 to 3301.59 of the Revised Code.	137286

Section 267.20.30. EDUCATION MANAGEMENT INFORMATION SYSTEM

137287

The foregoing appropriation item 200446, Education Management	137288
Information System, shall be used by the Department of Education	137289
to improve the Education Management Information System (EMIS).	137290

Of the foregoing appropriation item 200446, Education	137291
Management Information System, up to $729,000 in each fiscal year	137292
shall be distributed to designated information technology centers	137293
for costs relating to processing, storing, and transferring data	137294
for the effective operation of the EMIS. These costs may include,	137295
but are not limited to, personnel, hardware, software development,	137296
communications connectivity, professional development, and support	137297
services, and to provide services to participate in the State	137298
Education Technology Plan developed under section 3353.09 of the	137299
Revised Code.	137300

The remainder of appropriation item 200446, Education	137301
Management Information System, shall be used to develop and	137302
support a common core of data definitions and standards as adopted	137303
by the Education Management Information System Advisory Board,	137304
including the ongoing development and maintenance of the data	137305
dictionary and data warehouse. In addition, such funds shall be	137306
used to support the development and implementation of data	137307
standards and the design, development, and implementation of a new	137308
data exchange system.	137309

Any provider of software meeting the standards approved by	137310
the Education Management Information System Advisory Board shall	137311
be designated as an approved vendor and may enter into contracts	137312
with local school districts, community schools, STEMS schools,	137313
information technology centers, or other educational entities for	137314
the purpose of collecting and managing data required under Ohio's	137315
education management information system (EMIS) laws. On an annual	137316
basis, the Department of Education shall convene an advisory group	137317
of school districts, community schools, and other	137318
education-related entities to review the Education Management	137319
Information System data definitions and data format standards. The	137320
advisory group shall recommend changes and enhancements based upon	137321
surveys of its members, education agencies in other states, and	137322
current industry practices, to reflect best practices, align with	137323
federal initiatives, and meet the needs of school districts.	137324

School districts, STEMS schools, and community schools not	137325
implementing a common and uniform set of data definitions and data	137326
format standards for Education Management Information System	137327
purposes shall have all EMIS funding withheld until they are in	137328
compliance.	137329

Section 267.20.40. GED TESTING

137330

The foregoing appropriation item 200447, GED Testing, shall	137331
be used to provide General Educational Development (GED) testing	137332
under rules adopted by the State Board of Education.	137333

Section 267.20.50. EDUCATOR PREPARATION

137334

Of the foregoing appropriation item 200448, Educator	137335
Preparation, up to $150,000 in each fiscal year may be used by the	137336
Department of Education to monitor and support Ohio's State System	137337
of Support in accordance with the "No Child Left Behind Act of	137338
2011," 20 U.S.C. 6317.	137339

The remainder of appropriation item 200448, Educator	137340
Preparation, may be used by the Department to support the Educator	137341
Standards Board under section 3319.61 of the Revised Code and	137342
reforms under sections 3302.042, 3302.06 through 3302.068,	137343
3302.12, 3302.20 through 3302.22, and 3319.58 of the Revised Code.	137344

Section 267.20.60. COMMUNITY SCHOOLS AND CHOICE PROGRAMS

137345

The foregoing appropriation item 200455, Community Schools	137346
and Choice Programs, may be used by the Department of Education	137347
for additional services and responsibilities under section 3314.11	137348
of the Revised Code and for operation of the school choice	137349
programs.	137350

Of the foregoing appropriation item 200455, Community Schools	137351
and Choice Programs, a portion in each fiscal year may be used by	137352
the Department of Education for developing and conducting training	137353
sessions for community schools and sponsors and prospective	137354
sponsors of community schools as prescribed in division (A)(1) of	137355
section 3314.015 of the Revised Code, and other schools	137356
participating in school choice programs. In developing the	137357
community school training sessions, the Department shall collect	137358
and disseminate examples of best practices used by sponsors of	137359
independent charter schools in Ohio and other states.	137360

Section 267.20.70. PUPIL TRANSPORTATION

137361

Of the foregoing appropriation item 200502, Pupil	137362
Transportation, up to $838,930 in each fiscal year may be used by	137363
the Department of Education for training prospective and	137364
experienced school bus drivers in accordance with training	137365
programs prescribed by the Department. Up to $60,469,220 in each	137366
fiscal year may be used by the Department of Education for special	137367
education transportation reimbursements to school districts and	137368
county DD boards for transportation operating costs as provided in	137369
division (J) of section 3317.024 of the Revised Code. Up to	137370
$650,000 in each fiscal year may be used to partially reimburse	137371
school districts for costs of providing transportation services to	137372
nontraditional schools when those schools are open on a day the	137373
traditional school district is not scheduled to open. Up to	137374
$5,000,000 in each fiscal year may be used by the Department of	137375
Education to reimburse school districts that make payments to	137376
parents in lieu of transportation under section 3327.02 of the	137377
Revised Code and whose transportation is not funded under division	137378
(C) of section 3317.024 of the Revised Code.	137379

The remainder of appropriation item 200502, Pupil	137380
Transportation, shall be used to distribute the amounts calculated	137381
for formula aid under Section 267.30.50 of this act.	137382

Section 267.20.80. SCHOOL LUNCH MATCH

137383

The foregoing appropriation item 200505, School Lunch Match,	137384
shall be used to provide matching funds to obtain federal funds	137385
for the school lunch program.	137386

Any remaining appropriation after providing matching funds	137387
for the school lunch program may be used to partially reimburse	137388
school buildings within school districts that are required to have	137389
a school breakfast program under section 3313.813 of the Revised	137390
Code, at a rate decided by the Department.	137391

Section 267.20.90. AUXILIARY SERVICES

137392

The foregoing appropriation item 200511, Auxiliary Services,	137393
shall be used by the Department of Education for the purpose of	137394
implementing section 3317.06 of the Revised Code. Of the	137395
appropriation, up to $1,789,943 in each fiscal year may be used	137396
for payment of the Post-Secondary Enrollment Options Program for	137397
nonpublic students. Notwithstanding section 3365.10 of the Revised	137398
Code, the Department shall distribute funding according to rules	137399
adopted by the Department in accordance with Chapter 119. of the	137400
Revised Code.	137401

Section 267.30.10. NONPUBLIC ADMINISTRATIVE COST	137402
REIMBURSEMENT	137403

The foregoing appropriation item 200532, Nonpublic	137404
Administrative Cost Reimbursement, shall be used by the Department	137405
of Education for the purpose of implementing section 3317.063 of	137406
the Revised Code.	137407

Section 267.30.20. SPECIAL EDUCATION ENHANCEMENTS

137408

Of the foregoing appropriation item 200540, Special Education	137409
Enhancements, up to $2,206,875 in each fiscal year shall be used	137410
for home instruction for children with disabilities.	137411

Of the foregoing appropriation item 200540, Special Education	137412
Enhancements, up to $45,282,959 in each fiscal year shall be used	137413
to fund special education and related services at county boards of	137414
developmental disabilities for eligible students under section	137415
3317.20 of the Revised Code and at institutions for eligible	137416
students under section 3317.201 of the Revised Code.	137417
Notwithstanding the distribution formulas under sections 3317.20	137418
and 3317.201 of the Revised Code, funding for DD boards and	137419
institutions for fiscal year 2012 and fiscal year 2013 shall be	137420
determined by providing the per pupil amount received by each DD	137421
board and institution for the prior fiscal year for each student	137422
served in the current fiscal year.	137423

Of the foregoing appropriation item 200540, Special Education	137424
Enhancements, up to $1,333,468 in each fiscal year shall be used	137425
for parent mentoring programs.	137426

Of the foregoing appropriation item 200540, Special Education	137427
Enhancements, up to $2,537,824 in each fiscal year may be used for	137428
school psychology interns.	137429

The remainder of appropriation item 200540, Special Education	137430
Enhancements, shall be distributed by the Department of Education	137431
to county boards of developmental disabilities, educational	137432
service centers, and school districts for preschool special	137433
education units and preschool supervisory units under section	137434
3317.052 of the Revised Code. To the greatest extent possible, the	137435
Department of Education shall allocate these units to school	137436
districts and educational service centers.	137437

The Department may reimburse county DD boards, educational	137438
service centers, and school districts for services provided by	137439
instructional assistants, related services as defined in rule	137440
3301-51-11 of the Administrative Code, physical therapy services	137441
provided by a licensed physical therapist or physical therapist	137442
assistant under the supervision of a licensed physical therapist	137443
as required under Chapter 4755. of the Revised Code and Chapter	137444
4755-27 of the Administrative Code and occupational therapy	137445
services provided by a licensed occupational therapist or	137446
occupational therapy assistant under the supervision of a licensed	137447
occupational therapist as required under Chapter 4755. of the	137448
Revised Code and Chapter 4755-7 of the Administrative Code.	137449
Nothing in this section authorizes occupational therapy assistants	137450
or physical therapist assistants to generate or manage their own	137451
caseloads.	137452

The Department of Education shall require school districts,	137453
educational service centers, and county DD boards serving	137454
preschool children with disabilities to adhere to Ohio's Early	137455
Learning Program Guidelines and document child progress using	137456
research-based indicators prescribed by the Department and report	137457
results annually. The reporting dates and method shall be	137458
determined by the Department.	137459

Section 267.30.30. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

137460

Of the foregoing appropriation item 200545, Career-Technical	137461
Education Enhancements, up to $2,563,568 in each fiscal year shall	137462
be used to fund secondary career-technical education at	137463
institutions using a grant-based methodology, notwithstanding	137464
sections 3317.05, 3317.052, and 3317.053 of the Revised Code.	137465

Of the foregoing appropriation item 200545, Career-Technical	137466
Education Enhancements, up to $2,838,281 in each fiscal year shall	137467
be used by the Department of Education to fund competitive grants	137468
to tech prep consortia that expand the number of students enrolled	137469
in tech prep programs. These grant funds shall be used to directly	137470
support expanded tech prep programs provided to students enrolled	137471
in school districts, including joint vocational school districts,	137472
and affiliated higher education institutions. This support may	137473
include the purchase of equipment.	137474

Of the foregoing appropriation item 200545, Career-Technical	137475
Education Enhancements, up to $3,100,850 in each fiscal year shall	137476
be used by the Department of Education to support existing High	137477
Schools That Work (HSTW) sites, develop and support new sites,	137478
fund technical assistance, and support regional centers and middle	137479
school programs. The purpose of HSTW is to combine challenging	137480
academic courses and modern career-technical studies to raise the	137481
academic achievement of students. HSTW provides intensive	137482
technical assistance, focused staff development, targeted	137483
assessment services, and ongoing communications and networking	137484
opportunities.	137485

Of the foregoing appropriation item 200545, Career-Technical	137486
Education Enhancements, up to $300,000 in each fiscal year shall	137487
be used by the Department of Education to enable students in	137488
agricultural programs to enroll in a fifth quarter of instruction	137489
based on the agricultural education model of delivering work-based	137490
learning through supervised agricultural experience. The	137491
Department of Education shall determine eligibility criteria and	137492
the reporting process for the Agriculture 5th Quarter Project and	137493
shall fund as many programs as possible given the set aside.	137494

Section 267.30.40. FOUNDATION FUNDING

137495

Of the foregoing appropriation item 200550, Foundation	137496
Funding, up to $675,000 in each fiscal year shall be used to	137497
support the work of the College of Education and Human Ecology at	137498
the Ohio State University in reviewing and assessing the alignment	137499
of courses offered through the distance learning clearinghouse	137500
established in sections 3333.81 to 3333.88 of the Revised Code	137501
with the academic content standards adopted under division (A) of	137502
section 3301.079 of the Revised Code.	137503

Of the foregoing appropriation item 200550, Foundation	137504
Funding, up to $250,000 in each fiscal year may be used by the	137505
Department to fund a shared services pilot project involving at	137506
least two educational service centers. The pilot project shall	137507
focus on the design, implementation, and evaluation of a shared	137508
service delivery model. The educational service centers	137509
participating in the pilot project shall submit a report not later	137510
than September 1, 2013, to the Governor, members of the General	137511
Assembly, and members of the State Board of Education, reviewing	137512
the opportunities and challenges of implementing shared services	137513
initiatives as well as any real or projected cost efficiencies	137514
achieved through the pilot project.	137515

Of the foregoing appropriation item 200550, Foundation	137516
Funding, up to $50,000 shall be expended in each fiscal year for	137517
court payments under section 2151.362 of the Revised Code.	137518

Of the foregoing appropriation item 200550, Foundation	137519
Funding, up to $8,100,000 in each fiscal year shall be used to	137520
fund gifted education at educational service centers.	137521
Notwithstanding division (D)(5) of section 3317.018 of the Revised	137522
Code, the Department shall distribute the funding through the	137523
unit-based funding methodology in place under division (L) of	137524
section 3317.024, division (E) of section 3317.05, and divisions	137525
(A), (B), and (C) of section 3317.053 of the Revised Code as they	137526
existed prior to fiscal year 2010.	137527

Of the foregoing appropriation item 200550, Foundation	137528
Funding, up to $10,000,000 in each fiscal year shall be used to	137529
provide additional state aid to school districts, joint vocational	137530
school districts, and community schools for special education	137531
students under division (C)(3) of section 3317.022 of the Revised	137532
Code, except that the Controlling Board may increase these amounts	137533
if presented with such a request from the Department of Education	137534
at the final meeting of the fiscal year; and up to $2,000,000 in	137535
each fiscal year shall be reserved for Youth Services tuition	137536
payments under section 3317.024 of the Revised Code.	137537

Of the foregoing appropriation item 200550, Foundation	137538
Funding, up to $41,760,000 in fiscal year 2012 and up to	137539
$35,496,000 in fiscal year 2013 shall be reserved to fund the	137540
state reimbursement of educational service centers under section	137541
3317.11 of the Revised Code and the section of this act entitled	137542
"EDUCATIONAL SERVICE CENTERS FUNDING"; and up to $3,545,752 in	137543
each fiscal year shall be distributed to educational service	137544
centers for School Improvement Initiatives. Educational service	137545
centers shall be required to support districts in the development	137546
and implementation of their continuous improvement plans as	137547
required in section 3302.04 of the Revised Code and to provide	137548
technical assistance and support in accordance with Title I of the	137549
"No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C.	137550
6317.	137551

Of the foregoing appropriation item 200550, Foundation	137552
Funding, up to $700,000 in each fiscal year shall be used by the	137553
Department of Education for a program to pay for educational	137554
services for youth who have been assigned by a juvenile court or	137555
other authorized agency to any of the facilities described in	137556
division (A) of the section of this act entitled "PRIVATE	137557
TREATMENT FACILITY PROJECT."	137558

Of the foregoing appropriation item 200550, Foundation	137559
Funding, up to $12,522,860 in each fiscal year shall be used to	137560
support the Cleveland school choice program.	137561

Of the portion of the funds distributed to the Cleveland	137562
Municipal School District under this section, up to $11,901,887 in	137563
each fiscal year shall be used to operate the school choice	137564
program in the Cleveland Municipal School District under sections	137565
3313.974 to 3313.979 of the Revised Code. Notwithstanding	137566
divisions (B) and (C) of section 3313.978 and division (C) of	137567
section 3313.979 of the Revised Code, up to $1,000,000 in each	137568
fiscal year of this amount shall be used by the Cleveland	137569
Municipal School District to provide tutorial assistance as	137570
provided in division (H) of section 3313.974 of the Revised Code.	137571
The Cleveland Municipal School District shall report the use of	137572
these funds in the district's three-year continuous improvement	137573
plan as described in section 3302.04 of the Revised Code in a	137574
manner approved by the Department of Education.	137575

Of the foregoing appropriation item 200550, Foundation	137576
Funding, an amount shall be available in each fiscal year to be	137577
paid to joint vocational school districts in accordance with the	137578
section of this act entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	137579
DISTRICTS."	137580

Of the foregoing appropriation item 200550, Foundation	137581
Funding, a portion in each fiscal year shall be paid to city,	137582
exempted village, and local school districts in accordance with	137583
the section of this act entitled "SUPPLEMENTAL SCHOOL DISTRICT	137584
FUNDING."	137585

Of the foregoing appropriation item 200550, Foundation	137586
Funding, a portion in each fiscal year shall be paid to school	137587
districts and community schools in accordance with the section of	137588
this act entitled "SUBSIDY FOR HIGH PERFORMING SCHOOL DISTRICTS."	137589

The remainder of appropriation item 200550, Foundation	137590
Funding, shall be used to distribute the amounts calculated for	137591
formula aid under Section 267.30.50 of this act.	137592

Appropriation items 200502, Pupil Transportation, 200540,	137593
Special Education Enhancements, and 200550, Foundation Funding,	137594
other than specific set-asides, are collectively used in each	137595
fiscal year to pay state formula aid obligations for school	137596
districts, community schools, STEM schools, and joint vocational	137597
school districts under this act. The first priority of these	137598
appropriation items, with the exception of specific set-asides, is	137599
to fund state formula aid obligations. It may be necessary to	137600
reallocate funds among these appropriation items or use excess	137601
funds from other general revenue fund appropriation items in the	137602
Department of Education's budget in each fiscal year, in order to	137603
meet state formula aid obligations. If it is determined that it is	137604
necessary to transfer funds among these appropriation items or to	137605
transfer funds from other General Revenue Fund appropriations in	137606
the Department of Education's budget to meet state formula aid	137607
obligations, the Department of Education shall seek approval from	137608
the Controlling Board to transfer funds as needed.	137609

Section 267.30.50. FUNDING FOR CITY, EXEMPTED VILLAGE, AND	137610
LOCAL SCHOOL DISTRICTS	137611

(A) For each of fiscal years 2012 and 2013, the Department of	137612
Education shall compute and pay operating funding for each city,	137613
exempted village, and local school district according to the	137614
following formula:	137615

[(The final amount computed for fiscal year 2011 under	137616

the line on the district's PASS form entitled "State	137617

Resources for the Foundation Funding Program" / the district's	137618

recalculated fiscal year 2011 formula ADM) X the district's	137619

current year formula ADM] - the district's adjustment amount	137620

Where:

137621

(1) "PASS form" means the form for calculating operating	137622
payments to school districts as prescribed by former section	137623
3306.012 of the Revised Code.	137624

(2) "Recalculated fiscal year 2011 formula ADM" means the	137625
district's average daily membership reported in October 2010 under	137626
division (A) of section 3317.03 of the Revised Code, as verified	137627
by the Superintendent of Public Instruction and adjusted if so	137628
ordered under division (K) of that section, and as further	137629
adjusted by the Department, as follows:	137630

(a) Count only twenty per cent of the number of joint	137631
vocational school district students counted under division (A)(3)	137632
of section 3317.03 of the Revised Code;	137633

(b) Add twenty per cent of the number of students who are	137634
entitled to attend school in the district under section 3313.64 or	137635
3313.65 of the Revised Code and are enrolled in another school	137636
district under a career-technical educational compact.	137637

(3) "Current year formula ADM" means the district's formula	137638
ADM for the current fiscal year as defined in section 3317.02 of	137639
the Revised Code.	137640

(4) "The district's adjustment amount" means the amount	137641
computed under division (B)(5) of this section.	137642

If the computation made under division (A) of this section	137643
results in a negative number, the district's funding under this	137644
section shall be zero.	137645

(B) To make the computation required by division (A) of this	137646
section, the Department shall determine all of the following:	137647

(1) Each district's charge-off valuation per pupil, which	137648
shall be the valuation used to determine the district's state	137649
share of the adequacy amount for fiscal year 2011, under former	137650
section 3306.13 of the Revised Code, divided by the district's	137651
recalculated fiscal year 2011 formula ADM;	137652

(2) The statewide median charge-off valuation per pupil;

137653

(3) Each district's charge-off valuation index, which shall	137654
be the district's charge-off valuation per pupil divided by the	137655
statewide median charge-off valuation per pupil;	137656

(4) The statewide per pupil adjustment amount. The Department	137657
shall determine that amount so that the total statewide formula	137658
aid obligation for school districts does not exceed the aggregate	137659
amount appropriated for formula aid under line items 200502,	137660
200550, and 200612.	137661

(5) Each district's adjustment amount, which shall be the	137662
district's charge-off valuation index multiplied by the statewide	137663
per pupil adjustment amount multiplied by the district's current	137664
year formula ADM.	137665

(C) On the form that the Department uses to compute funding	137666
for a school district in accordance with this section, the	137667
Department also shall indicate the amount of that funding	137668
allocated to special education and related services, the amount	137669
allocated to career-technical education, and the amount allocated	137670
to gifted education. The amounts allocated for special education	137671
and career-technical education shall be the amounts indicated on	137672
the PASS form for fiscal year 2011. Each school district that	137673
receives an allocation for career-technical education shall spend	137674
the funds only for purposes the Department of Education designates	137675
as approved for career-technical education expenses.	137676
Career-technical education expenses approved by the Department	137677
shall include only expenses connected to the delivery of	137678
career-technical programming to students enrolled in	137679
state-approved career-technical programs. If a school district	137680
informs the Department that it is unable to spend the full	137681
allocation on approved career-technical education expenses, the	137682
Department may reallocate the district's unexpended amount of the	137683
career-technical education allocation to other school districts.	137684
The overall funding levels calculated under division (A) of this	137685
section for districts affected by a reallocation under this	137686
division shall be adjusted accordingly. The Department shall first	137687
allocate the funds to school districts within the original school	137688
district's vocational education planning district that have growth	137689
in career-technical enrollment from the previous fiscal year. If	137690
there are no such districts, the Department shall allocate the	137691
funds to other school districts, with priority given to districts	137692
according to each district's growth in career-technical enrollment	137693
from the previous fiscal year. The amounts allocated to gifted	137694
education shall be the amounts districts received for gifted unit	137695
funding and supplemental identification funds in fiscal year 2009,	137696
either directly or through funds allocated to educational service	137697
centers. The Department shall require each school district to	137698
report data annually so that the Department may monitor and	137699
enforce the district's compliance with the requirements regarding	137700
the manner in which allocations for career-technical education and	137701
gifted education may be spent.	137702

(D) For fiscal years 2012 and 2013, wherever a provision of	137703
law refers to payments or adjustments for a school district made	137704
in accordance with any section of Chapter 3317. of the Revised	137705
Code, that reference shall be construed to include payments or	137706
adjustments made under this section.	137707

Section 267.30.53. SUPPLEMENTAL SCHOOL DISTRICT FUNDING

137708

(A) For each of fiscal years 2012 and 2013, the Department of	137709
Education shall compute and pay supplemental operating funding for	137710
each city, exempted village, and local school district according	137711
to the following formula:	137712

(The final amount computed for fiscal year 2011 under the	137713
line on the district's PASS form entitled "State Resources for the	137714
Foundation Funding Program" minus the portion of that amount paid	137715
from funds received under the American Recovery and Reinvestment	137716
Act State Fiscal Stabilization Fund) minus the amount computed for	137717
the district for the current fiscal year under Section 267.30.50	137718
of this act.	137719

(B) If the computation made under division (A) of this	137720
section results in a negative number, the district's funding under	137721
that division shall be zero.	137722

Section 267.30.56. SUBSIDY FOR HIGH PERFORMING SCHOOL	137723
DISTRICTS	137724

In addition to any other payments made under Sections	137725
267.30.50 and 267.30.53 of this act or under Chapter 3317. of the	137726
Revised Code, for each of fiscal years 2012 and 2013, the	137727
Department of Education shall pay to each qualifying school	137728
district or community school, established under Chapter 3314. of	137729
the Revised Code, the amount prescribed by this section.	137730

The Department shall pay to each school district or community	137731
school rated as "excellent with distinction" or "excellent" on the	137732
report card issued for the district or community school under	137733
sections 3302.03 and 3314.012 of the Revised Code for the prior	137734
school year an amount equal to $17 times the district's	137735
current-year formula ADM, in the case of a school district, or the	137736
number of students in the community school's enrollment report for	137737
the current year, in the case of a community school.	137738

As used in this section, "the number of students in the	137739
community school's enrollment report" means "the final number of	137740
students reported under divisions (B)(2)(a) and (b) of section	137741
3314.08 of the Revised Code at the end of a fiscal year, as	137742
verified by the Department."	137743

Section 267.30.60. FUNDING FOR JOINT VOCATIONAL SCHOOL	137744
DISTRICTS	137745

The Department of Education shall distribute funds within	137746
appropriation item 200550, Foundation Funding, for joint	137747
vocational funding in each fiscal year to each joint vocational	137748
school district that received joint vocational funding in fiscal	137749
year 2011. The Department shall distribute to each such district	137750
joint vocational funding in an amount equal to the district's	137751
total state foundation aid as reported on the final JVS payment	137752
report produced by the Department for the previous fiscal year.	137753

The joint vocational funding for each fiscal year for each	137754
district is the amount specified in this section less any general	137755
revenue fund spending reductions ordered by the Governor under	137756
section 126.05 of the Revised Code.	137757

Section 267.30.70. PROPERTY TAX ALLOCATION - EDUCATION

137758

The Superintendent of Public Instruction shall not request,	137759
and the Controlling Board shall not approve, the transfer of	137760
appropriation from appropriation item 200901, Property Tax	137761
Allocation - Education, to any other appropriation item.	137762

The appropriation item 200901, Property Tax Allocation -	137763
Education, is appropriated to pay for the state's costs incurred	137764
because of the homestead exemption, the property tax rollback, and	137765
payments required under division (C) of section 5705.2110 of the	137766
Revised Code. In cooperation with the Department of Taxation, the	137767
Department of Education shall distribute these funds directly to	137768
the appropriate school districts of the state, notwithstanding	137769
sections 321.24 and 323.156 of the Revised Code, which provide for	137770
payment of the homestead exemption and property tax rollback by	137771
the Tax Commissioner to the appropriate county treasurer and the	137772
subsequent redistribution of these funds to the appropriate local	137773
taxing districts by the county auditor.	137774

Upon receipt of these amounts, each school district shall	137775
distribute the amount among the proper funds as if it had been	137776
paid as real or tangible personal property taxes. Payments for the	137777
costs of administration shall continue to be paid to the county	137778
treasurer and county auditor as provided for in sections 319.54,	137779
321.26, and 323.156 of the Revised Code.	137780

Any sums, in addition to the amount specifically appropriated	137781
in appropriation items 200901, Property Tax Allocation -	137782
Education, for the homestead exemption and the property tax	137783
rollback payments, and payments required under division (C) of	137784
section 5705.2110 of the Revised Code, which are determined to be	137785
necessary for these purposes, are hereby appropriated.	137786

Section 267.30.80. TEACHER CERTIFICATION AND LICENSURE

137787

The foregoing appropriation item 200681, Teacher	137788
Certification and Licensure, shall be used by the Department of	137789
Education in each year of the biennium to administer and support	137790
teacher certification and licensure activities.	137791

SCHOOL DISTRICT SOLVENCY ASSISTANCE

137792

(A) Of the foregoing appropriation item 200687, School	137793
District Solvency Assistance, $20,000,000 in each fiscal year	137794
shall be allocated to the School District Shared Resource Account	137795
and $5,000,000 in each fiscal year shall be allocated to the	137796
Catastrophic Expenditures Account. These funds shall be used to	137797
provide assistance and grants to school districts to enable them	137798
to remain solvent under section 3316.20 of the Revised Code.	137799
Assistance and grants shall be subject to approval by the	137800
Controlling Board. Except as provided under division (C) of this	137801
section, any required reimbursements from school districts for	137802
solvency assistance shall be made to the appropriate account in	137803
the School District Solvency Assistance Fund (Fund 5H30).	137804

(B) Notwithstanding any provision of law to the contrary,	137805
upon the request of the Superintendent of Public Instruction, the	137806
Director of Budget and Management may make transfers to the School	137807
District Solvency Assistance Fund (Fund 5H30) from any fund used	137808
by the Department of Education or the General Revenue Fund to	137809
maintain sufficient cash balances in Fund 5H30 in fiscal years	137810
2012 and 2013. Any cash transferred is hereby appropriated. The	137811
transferred cash may be used by the Department of Education to	137812
provide assistance and grants to school districts to enable them	137813
to remain solvent and to pay unforeseeable expenses of a temporary	137814
or emergency nature that the school district is unable to pay from	137815
existing resources. The Director of Budget and Management shall	137816
notify the members of the Controlling Board of any such transfers.	137817

(C) If the cash balance of the School District Solvency	137818
Assistance Fund (Fund 5H30) is insufficient to pay solvency	137819
assistance in fiscal years 2012 and 2013, at the request of the	137820
Superintendent of Public Instruction, and with the approval of the	137821
Controlling Board, the Director of Budget and Management may	137822
transfer cash from the Lottery Profits Education Reserve Fund	137823
(Fund 7018) to Fund 5H30 to provide assistance and grants to	137824
school districts to enable them to remain solvent and to pay	137825
unforeseeable expenses of a temporary nature that they are unable	137826
to pay from existing resources under section 3316.20 of the	137827
Revised Code. Such transfers are hereby appropriated to	137828
appropriation item 200670, School District Solvency Assistance –	137829
Lottery. Any required reimbursements from school districts for	137830
solvency assistance granted from appropriation item 200670, School	137831
District Solvency Assistance – Lottery, shall be made to Fund	137832
7018.	137833

Section 267.30.90. SCHOOLS MEDICAID ADMINISTRATIVE CLAIMS

137834

Upon the request of the Superintendent of Public Instruction,	137835
the Director of Budget and Management may transfer up to $639,000	137836
cash in each fiscal year from the General Revenue Fund to the	137837
Schools Medicaid Administrative Claims Fund (Fund 3AF0). The	137838
transferred cash is to be used by the Department of Education to	137839
pay the expenses the Department incurs in administering the	137840
Medicaid School Component of the Medicaid program established	137841
under sections 5111.71 to 5111.715 of the Revised Code. On June 1	137842
of each fiscal year, or as soon as possible thereafter, the	137843
Director of Budget and Management shall transfer cash from Fund	137844
3AF0 back to the General Revenue Fund in an amount equal to the	137845
total amount transferred to Fund 3AF0 in that fiscal year.	137846

The money deposited into Fund 3AF0 under division (B) of	137847
section 5111.714 of the Revised Code is hereby appropriated for	137848
fiscal years 2012 and 2013 and shall be used in accordance with	137849
division (D) of section 5111.714 of the Revised Code.	137850

Section 267.40.10. HALF-MILL MAINTENANCE EQUALIZATION

137851

The foregoing appropriation item 200626, Half-Mill	137852
Maintenance Equalization, shall be used to make payments pursuant	137853
to section 3318.18 of the Revised Code.	137854

Section 267.40.20. AUXILIARY SERVICES REIMBURSEMENT

137855

Notwithstanding section 3317.064 of the Revised Code, if the	137856
unexpended, unencumbered cash balance is sufficient, the Treasurer	137857
of State shall transfer $1,500,000 in fiscal year 2012 within	137858
thirty days after the effective date of this section, and	137859
$1,500,000 in fiscal year 2013 by August 1, 2012, from the	137860
Auxiliary Services Personnel Unemployment Compensation Fund to the	137861
Auxiliary Services Reimbursement Fund (Fund 5980) used by the	137862
Department of Education.	137863

Section 267.40.30. LOTTERY PROFITS EDUCATION FUND

137864

Appropriation item 200612, Foundation Funding (Fund 7017),	137865
shall be used in conjunction with appropriation item 200550,	137866
Foundation Funding (GRF), to provide state foundation payments to	137867
school districts.	137868

The Department of Education, with the approval of the	137869
Director of Budget and Management, shall determine the monthly	137870
distribution schedules of appropriation item 200550, Foundation	137871
Funding (GRF), and appropriation item 200612, Foundation Funding	137872
(Fund 7017). If adjustments to the monthly distribution schedule	137873
are necessary, the Department of Education shall make such	137874
adjustments with the approval of the Director of Budget and	137875
Management.	137876

Section 267.40.40. LOTTERY PROFITS EDUCATION RESERVE FUND

137877

(A) There is hereby created the Lottery Profits Education	137878
Reserve Fund (Fund 7018) in the State Treasury. Investment	137879
earnings of the Lottery Profits Education Reserve Fund shall be	137880
credited to the fund.	137881

(B) Notwithstanding any other provision of law to the	137882
contrary, the Director of Budget and Management may transfer cash	137883
from Fund 7018 to the Lottery Profits Education Fund (Fund 7017)	137884
in fiscal year 2012 and fiscal year 2013. Amounts transferred	137885
under this section are hereby appropriated.	137886

(C) On July 15, 2011, or as soon as possible thereafter, the	137887
Director of the Ohio Lottery Commission shall certify to the	137888
Director of Budget and Management the amount by which lottery	137889
profit transfers received by Fund 7017 exceeded $711,000,000 in	137890
fiscal year 2011. The Director of Budget and Management may	137891
transfer the amount so certified, plus the cash balance in Fund	137892
7017, to Fund 7018.	137893

(D) On July 15, 2012, or as soon as possible thereafter, the	137894
Director of the Ohio Lottery Commission shall certify to the	137895
Director of Budget and Management the amount by which lottery	137896
profit transfers received by Fund 7017 exceeded $717,500,000 in	137897
fiscal year 2012. The Director of Budget and Management may	137898
transfer the amount so certified, plus the cash balance in Fund	137899
7017, to Fund 7018.	137900

Section 267.40.50. GENERAL REVENUE FUND TRANSFERS TO SCHOOL	137901
DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 7047)	137902

Notwithstanding any provision of law to the contrary, in	137903
fiscal year 2012 and fiscal year 2013 the Director of Budget and	137904
Management may make temporary transfers between the General	137905
Revenue Fund and the School District Property Tax Replacement –	137906
Business Fund (Fund 7047) in the Department of Education to ensure	137907
sufficient balances in Fund 7047 and to replenish the General	137908
Revenue Fund for such transfers.	137909

Section 267.40.60. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT -	137910
BUSINESS	137911

The foregoing appropriation item 200909, School District	137912
Property Tax Replacement – Business, shall be used by the	137913
Department of Education, in consultation with the Department of	137914
Taxation, to make payments to school districts and joint	137915
vocational school districts under section 5751.21 of the Revised	137916
Code. If it is determined by the Director of Budget and Management	137917
that additional appropriations are necessary for this purpose,	137918
such amounts are hereby appropriated.	137919

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY

137920

The foregoing appropriation item 200900, School District	137921
Property Tax Replacement-Utility, shall be used by the Department	137922
of Education, in consultation with the Department of Taxation, to	137923
make payments to school districts and joint vocational school	137924
districts under section 5727.85 of the Revised Code. If it is	137925
determined by the Director of Budget and Management that	137926
additional appropriations are necessary for this purpose, such	137927
amounts are hereby appropriated.	137928

DISTRIBUTION FORMULAS

137929

The Department of Education shall report the following to the	137930
Director of Budget and Management and the Legislative Service	137931
Commission:	137932

(A) Changes in formulas for distributing state	137933
appropriations, including administratively defined formula	137934
factors;	137935

(B) Discretionary changes in formulas for distributing	137936
federal appropriations;	137937

(C) Federally mandated changes in formulas for distributing	137938
federal appropriations.	137939

Any such changes shall be reported two weeks prior to the	137940
effective date of the change.	137941

Section 267.40.70. EDUCATIONAL SERVICE CENTERS FUNDING

137942

In fiscal year 2012, each Educational Service Center shall	137943
receive funding equal to ninety per cent of the amount received in	137944
fiscal year 2011 under section 3317.11 of the Revised Code and	137945
Section 265.50.10 of Am. Sub. H.B. 1 of the 128th General	137946
Assembly.	137947

In fiscal year 2013, each Educational Service Center shall	137948
receive funding equal to eighty-five per cent of the amount	137949
received in fiscal year 2012 under this section.	137950

Notwithstanding any provision of law to the contrary, the	137951
Department of Education shall modify the payments under this	137952
section as follows:	137953

(A) If an educational service center ceases operation, the	137954
Department shall redistribute that center's funding, as calculated	137955
under this section, to the remaining centers in proportion to each	137956
center's service center ADM as defined in section 3317.11 of the	137957
Revised Code.	137958

(B) If two or more educational service centers merge	137959
operations to create a single service center, the Department shall	137960
distribute the sum of the original service centers' funding, as	137961
calculated under this section, to the new service center.	137962

Section 267.40.80. PRIVATE TREATMENT FACILITY PROJECT

137963

(A) As used in this section:

137964

(1) The following are "participating residential treatment	137965
centers":	137966

(a) Private residential treatment facilities that have	137967
entered into a contract with the Department of Youth Services to	137968
provide services to children placed at the facility by the	137969
Department and which, in fiscal year 2012 or fiscal year 2013 or	137970
both, the Department pays through appropriation item 470401,	137971
RECLAIM Ohio;	137972

(b) Abraxas, in Shelby;

137973

137974

(d) F.I.R.S.T., in Mansfield.

137975

(2) "Education program" means an elementary or secondary	137976
education program or a special education program and related	137977
services.	137978

(3) "Served child" means any child receiving an education	137979
program pursuant to division (B) of this section.	137980

(4) "School district responsible for tuition" means a city,	137981
exempted village, or local school district that, if tuition	137982
payment for a child by a school district is required under law	137983
that existed in fiscal year 1998, is the school district required	137984
to pay that tuition.	137985

(5) "Residential child" means a child who resides in a	137986
participating residential treatment center and who is receiving an	137987
educational program under division (B) of this section.	137988

(B) A youth who is a resident of the state and has been	137989
assigned by a juvenile court or other authorized agency to a	137990
residential treatment facility specified in division (A) of this	137991
section shall be enrolled in an approved educational program	137992
located in or near the facility. Approval of the educational	137993
program shall be contingent upon compliance with the criteria	137994
established for such programs by the Department of Education. The	137995
educational program shall be provided by a school district or	137996
educational service center, or by the residential facility itself.	137997
Maximum flexibility shall be given to the residential treatment	137998
facility to determine the provider. In the event that a voluntary	137999
agreement cannot be reached and the residential facility does not	138000
choose to provide the educational program, the educational service	138001
center in the county in which the facility is located shall	138002
provide the educational program at the treatment center to	138003
children under twenty-two years of age residing in the treatment	138004
center.	138005

(C) Any school district responsible for tuition for a	138006
residential child shall, notwithstanding any conflicting provision	138007
of the Revised Code regarding tuition payment, pay tuition for the	138008
child for fiscal year 2012 and fiscal year 2013 to the education	138009
program provider and in the amount specified in this division. If	138010
there is no school district responsible for tuition for a	138011
residential child and if the participating residential treatment	138012
center to which the child is assigned is located in the city,	138013
exempted village, or local school district that, if the child were	138014
not a resident of that treatment center, would be the school	138015
district where the child is entitled to attend school under	138016
sections 3313.64 and 3313.65 of the Revised Code, that school	138017
district, notwithstanding any conflicting provision of the Revised	138018
Code, shall pay tuition for the child for fiscal year 2012 and	138019
fiscal year 2013 under this division unless that school district	138020
is providing the educational program to the child under division	138021
(B) of this section.	138022

A tuition payment under this division shall be made to the	138023
school district, educational service center, or residential	138024
treatment facility providing the educational program to the child.	138025

The amount of tuition paid shall be:

138026

(1) The amount of tuition determined for the district under	138027
division (A) of section 3317.08 of the Revised Code;	138028

(2) In addition, for any student receiving special education	138029
pursuant to an individualized education program as defined in	138030
section 3323.01 of the Revised Code, a payment for excess costs.	138031
This payment shall equal the actual cost to the school district,	138032
educational service center, or residential treatment facility of	138033
providing special education and related services to the student	138034
pursuant to the student's individualized education program, minus	138035
the tuition paid for the child under division (C)(1) of this	138036
section.	138037

A school district paying tuition under this division shall	138038
not include the child for whom tuition is paid in the district's	138039
average daily membership certified under division (A) of section	138040
3317.03 of the Revised Code.	138041

(D) In each of fiscal years 2012 and 2013, the Department of	138042
Education shall reimburse, from appropriations made for the	138043
purpose, a school district, educational service center, or	138044
residential treatment facility, whichever is providing the	138045
service, that has demonstrated that it is in compliance with the	138046
funding criteria for each served child for whom a school district	138047
must pay tuition under division (C) of this section. The amount of	138048
the reimbursement shall be the amount appropriated for this	138049
purpose divided by the full-time equivalent number of children for	138050
whom reimbursement is to be made.	138051

(E) Funds provided to a school district, educational service	138052
center, or residential treatment facility under this section shall	138053
be used to supplement, not supplant, funds from other public	138054
sources for which the school district, service center, or	138055
residential treatment facility is entitled or eligible.	138056

(F) The Department of Education shall track the utilization	138057
of funds provided to school districts, educational service	138058
centers, and residential treatment facilities under this section	138059
and monitor the effect of the funding on the educational programs	138060
they provide in participating residential treatment facilities.	138061
The Department shall monitor the programs for educational	138062
accountability.	138063

Section 267.40.90. SCHOOL DISTRICT PARTICIPATION IN NATIONAL	138064
ASSESSMENT OF EDUCATION PROGRESS	138065

The General Assembly intends for the Superintendent of Public	138066
Instruction to provide for school district participation in the	138067
administration of the National Assessment of Education Progress in	138068
accordance with section 3301.27 of the Revised Code. Each school	138069
and school district selected for participation by the	138070
Superintendent of Public Instruction shall participate.	138071

Section 267.50.10. COMMUNITY SCHOOL FUNDING GUARANTEE FOR SBH	138072
STUDENTS	138073

(A) As used in this section:

138074

(1) "IEP" has the same meaning as in section 3323.01 of the	138075
Revised Code.	138076

(2) "SBH student" means a student receiving special education	138077
and related services for severe behavior disabilities pursuant to	138078
an IEP.	138079

(B) This section applies only to a community school	138080
established under Chapter 3314. of the Revised Code that in each	138081
of fiscal years 2012 and 2013 enrolls a number of SBH students	138082
equal to at least fifty per cent of the total number of students	138083
enrolled in the school in the applicable fiscal year.	138084

(C) In addition to any state foundation payments made, in	138085
each of fiscal years 2012 and 2013, the Department of Education	138086
shall pay to a community school to which this section applies a	138087
subsidy equal to the difference between the aggregate amount	138088
calculated and paid in that fiscal year to the community school	138089
for special education and related services additional weighted	138090
costs for the SBH students enrolled in the school and the	138091
aggregate amount that would have been calculated for the school	138092
for special education and related services additional weighted	138093
costs for those same students in fiscal year 2001. If the	138094
difference is a negative number, the amount of the subsidy shall	138095
be zero.	138096

(D) The amount of any subsidy paid to a community school	138097
under this section shall not be deducted from the school district	138098
in which any of the students enrolled in the community school are	138099
entitled to attend school under section 3313.64 or 3313.65 of the	138100
Revised Code. The amount of any subsidy paid to a community school	138101
under this section shall be paid from funds appropriated to the	138102
Department of Education in appropriation item 200550, Foundation	138103
Funding.	138104

Section 267.50.20. EARMARK ACCOUNTABILITY

138105

At the request of the Superintendent of Public Instruction,	138106
any entity that receives a budget earmark under the Department of	138107
Education shall submit annually to the chairpersons of the	138108
committees of the House of Representatives and the Senate	138109
primarily concerned with education and to the Department of	138110
Education a report that includes a description of the services	138111
supported by the funds, a description of the results achieved by	138112
those services, an analysis of the effectiveness of the program,	138113
and an opinion as to the program's applicability to other school	138114
districts. For an earmarked entity that received state funds from	138115
an earmark in the prior fiscal year, no funds shall be provided by	138116
the Department of Education to an earmarked entity for a fiscal	138117
year until its report for the prior fiscal year has been	138118
submitted.	138119

Section 267.50.30. PROHIBITION FROM OPERATING FROM HOME

138120

No community school established under Chapter 3314. of the	138121
Revised Code that was not open for operation as of May 1, 2005,	138122
shall operate from a home, as defined in section 3313.64 of the	138123
Revised Code.	138124

Section 267.50.40. EARLY COLLEGE START UP COMMUNITY SCHOOL

138125

(A) As used in this section:

138126

(1) "Big eight school district" has the same meaning as in	138127
section 3314.02 of the Revised Code.	138128

(2) "Early college high school" means a high school that	138129
provides students with a personalized learning plan based on an	138130
accelerated curriculum combining high school and college-level	138131
coursework.	138132

(B) Any early college high school that is operated by a big	138133
eight school district in partnership with a private university may	138134
operate as a new start-up community school under Chapter 3314. of	138135
the Revised Code beginning in the 2007-2008 school year, if all of	138136
the following conditions are met:	138137

(1) The governing authority and sponsor of the school enter	138138
into a contract in accordance with section 3314.03 of the Revised	138139
Code and, notwithstanding division (D) of section 3314.02 of the	138140
Revised Code, both parties adopt and sign the contract by July 9,	138141
2007.	138142

(2) Notwithstanding division (A) of former section 3314.016	138143
of the Revised Code, the school's governing authority enters into	138144
a contract with the private university under which the university	138145
will be the school's operator.	138146

(3) The school provides the same educational program the	138147
school provided while part of the big eight school district.	138148

Section 267.50.50. USE OF VOLUNTEERS

138149

The Department of Education may utilize the services of	138150
volunteers to accomplish any of the purposes of the Department.	138151
The Superintendent of Public Instruction shall approve for what	138152
purposes volunteers may be used and for these purposes may	138153
recruit, train, and oversee the services of volunteers. The	138154
Superintendent may reimburse volunteers for necessary and	138155
appropriate expenses in accordance with state guidelines and may	138156
designate volunteers as state employees for the purpose of motor	138157
vehicle accident liability insurance under section 9.83 of the	138158
Revised Code, for immunity under section 9.86 of the Revised Code,	138159
and for indemnification from liability incurred in the performance	138160
of their duties under section 9.87 of the Revised Code.	138161

Section 267.50.60. RESTRICTION OF LIABILITY FOR CERTAIN	138162
REIMBURSEMENTS	138163

(A) Except as expressly required under a court judgment not	138164
subject to further appeals, or a settlement agreement with a	138165
school district executed on or before June 1, 2009, in the case of	138166
a school district for which the formula ADM for fiscal year 2005,	138167
as reported for that fiscal year under division (A) of section	138168
3317.03 of the Revised Code, was reduced based on enrollment	138169
reports for community schools, made under section 3314.08 of the	138170
Revised Code, regarding students entitled to attend school in the	138171
district, which reduction of formula ADM resulted in a reduction	138172
of foundation funding or transitional aid funding for fiscal year	138173
2005, 2006, or 2007, no school district, except a district named	138174
in the court's judgment or the settlement agreement, shall have a	138175
legal claim for reimbursement of the amount of such reduction in	138176
foundation funding or transitional aid funding, and the state	138177
shall not have liability for reimbursement of the amount of such	138178
reduction in foundation funding or transitional aid funding.	138179

(B) As used in this section:

138180

(1) "Community school" means a community school established	138181
under Chapter 3314. of the Revised Code.	138182

(2) "Entitled to attend school" means entitled to attend	138183
school in a school district under section 3313.64 or 3313.65 of	138184
the Revised Code.	138185

(3) "Foundation funding" means payments calculated for the	138186
respective fiscal year under Chapter 3317. of the Revised Code.	138187

(4) "Transitional aid funding" means payments calculated for	138188
the respective fiscal year under Section 41.37 of Am. Sub. H.B. 95	138189
of the 125th General Assembly, as subsequently amended; Section	138190
206.09.39 of Am. Sub. H.B. 66 of the 126th General Assembly, as	138191
subsequently amended; and Section 269.30.80 of Am. Sub. H.B. 119	138192
of the 127th General Assembly.	138193

Section 267.50.70. UNAUDITABLE COMMUNITY SCHOOL

138194

(A) If the Auditor of State or a public accountant, pursuant	138195
to section 117.41 of the Revised Code, declares a community school	138196
established under Chapter 3314. of the Revised Code to be	138197
unauditable, the Auditor of State shall provide written	138198
notification of that declaration to the school, the school's	138199
sponsor, and the Department of Education. The Auditor of State	138200
also shall post the notification on the Auditor of State's web	138201
site.	138202

(B) Notwithstanding any provision to the contrary in Chapter	138203
3314. of the Revised Code or any other provision of law, a sponsor	138204
of a community school that is notified by the Auditor of State	138205
under division (A) of this section that a community school it	138206
sponsors is unauditable shall not enter into contracts with any	138207
additional community schools under section 3314.03 of the Revised	138208
Code until the Auditor of State or a public accountant has	138209
completed a financial audit of that school.	138210

(C) Not later than forty-five days after receiving	138211
notification by the Auditor of State under division (A) of this	138212
section that a community school is unauditable, the sponsor of the	138213
school shall provide a written response to the Auditor of State.	138214
The response shall include the following:	138215

(1) An overview of the process the sponsor will use to review	138216
and understand the circumstances that led to the community school	138217
becoming unauditable;	138218

(2) A plan for providing the Auditor of State with the	138219
documentation necessary to complete an audit of the community	138220
school and for ensuring that all financial documents are available	138221
in the future;	138222

(3) The actions the sponsor will take to ensure that the plan	138223
described in division (C)(2) of this section is implemented.	138224

(D) If a community school fails to make reasonable efforts	138225
and continuing progress to bring its accounts, records, files, or	138226
reports into an auditable condition within ninety days after being	138227
declared unauditable, the Auditor of State, in addition to	138228
requesting legal action under sections 117.41 and 117.42 of the	138229
Revised Code, shall notify the Department of the school's failure.	138230
If the Auditor of State or a public accountant subsequently is	138231
able to complete a financial audit of the school, the Auditor of	138232
State shall notify the Department that the audit has been	138233
completed.	138234

(E) Notwithstanding any provision to the contrary in Chapter	138235
3314. of the Revised Code or any other provision of law, upon	138236
notification by the Auditor of State under division (D) of this	138237
section that a community school has failed to make reasonable	138238
efforts and continuing progress to bring its accounts, records,	138239
files, or reports into an auditable condition following a	138240
declaration that the school is unauditable, the Department shall	138241
immediately cease all payments to the school under Chapter 3314.	138242
of the Revised Code and any other provision of law. Upon	138243
subsequent notification from the Auditor of State under that	138244
division that the Auditor of State or a public accountant was able	138245
to complete a financial audit of the community school, the	138246
Department shall release all funds withheld from the school under	138247
this section.	138248

Section 267.50.80. FLEXIBLE FUNDING FOR FAMILIES AND	138249
CHILDREN	138250

In collaboration with the County Family and Children First	138251
Council, a city, local, or exempted village school district,	138252
community school, STEM school, joint vocational school district,	138253
educational service center, or county board of developmental	138254
disabilities that receives allocations from the Department of	138255
Education from appropriation item 200550, Foundation Funding, or	138256
appropriation item 200540, Special Education Enhancements, may	138257
transfer portions of those allocations to a flexible funding pool	138258
authorized by the Section of this act entitled "FAMILY AND	138259
CHILDREN FIRST FLEXIBLE FUNDING POOL." Allocations used for	138260
maintenance of effort or for federal or state funding matching	138261
requirements shall not be transferred unless the allocation may	138262
still be used to meet such requirements.	138263

Section 267.50.90. EDUCATIONAL SHARED SERVICES MODEL/P-16	138264
COUNCILS	138265

The Governor's Director of 21st Century Education shall	138266
develop a plan for the integration and consolidation of the	138267
publicly supported regional shared services organizations serving	138268
Ohio's public and chartered nonpublic schools and develop a plan	138269
to encourage communities and school districts to create regional	138270
P-16 councils to better organize and share existing community	138271
resources to improve student achievement. The Director shall	138272
include recommendations for implementation of the plans beginning	138273
July 1, 2012.	138274

In preparing the shared services plan, the Director shall	138275
recommend educational support organizations to be integrated into	138276
the regional shared service center system. The organizations to be	138277
integrated shall include, but shall not be limited to, educational	138278
service centers, education technology centers, information	138279
technology centers, area media centers, Ohio's statewide system of	138280
support, the education regional service system, regional advisory	138281
boards, and regional staff from the Department of Education	138282
providing direct support to school districts.	138283

In preparing the recommendations of the shared services plan,	138284
the Director shall include an examination of services offered to	138285
public and chartered nonpublic schools and recommendations for	138286
integration of services into a shared services model. Services to	138287
be considered shall include, but shall not be limited to, general	138288
instruction, special education, gifted education, academic	138289
leadership, technology, fiscal management, transportation, food	138290
services, human resources, employee benefits, pooled purchasing,	138291
professional development, and noninstructional support.	138292

Not later than October 15, 2011, the Director shall conduct a	138293
shared services survey of Ohio's school districts, community	138294
schools, STEM schools, chartered nonpublic schools, joint	138295
vocational school districts, and other educational service	138296
providers and local political subdivisions to gather baseline data	138297
on the current status of shared services and to determine where	138298
opportunities for additional shared services exist.	138299

In preparing the P-16 plan, the Director shall develop a set	138300
of model criteria that encourages and permits communities and	138301
school districts to create local P-16 councils. Members of the	138302
councils shall include, but not be limited to, local community	138303
leaders in primary and secondary education, higher education,	138304
early childhood education, and representatives of business,	138305
nonprofit, and social service agencies.	138306

In preparing the recommendations for the P-16 plan, the	138307
Director shall include an examination of existing P-16 councils in	138308
Ohio and identify for inclusion in the model criteria their	138309
success in setting short and long-term student achievement and	138310
growth targets in their communities, leading cross-sector	138311
strategies to improve student-level outcomes, effectively using	138312
data to inform decisions around funding, providing intervention	138313
strategies for students, and achieving greater systems alignment.	138314

Not later than January 1, 2012, the Director shall submit to	138315
the Governor and the General Assembly, in accordance with section	138316
101.68 of the Revised Code, legislative recommendations for	138317
implementation of the plans.	138318

Section 267.60.10. If there are unencumbered moneys remaining	138319
on July 1, 2011, in a school district's textbook and instructional	138320
materials fund, as required by former section 3315.17 of the	138321
Revised Code, the district board of education may transfer those	138322
moneys to the district's general fund and may use such moneys for	138323
any purpose authorized for general fund moneys.	138324

Section 267.60.20. A new conversion community school	138325
established under division (B) of section 3314.02 of the Revised	138326
Code may open for operation in the 2011-2012 school year,	138327
notwithstanding the deadlines prescribed by division (D) of	138328
section 3314.02 of the Revised Code for adoption and signing of	138329
the contract under section 3314.03 of the Revised Code, but those	138330
parties shall adopt and sign the contract, and file a copy of it	138331
with the Superintendent of Public Instruction, prior to the	138332
school's opening.	138333

Section 267.60.23. Not later than July 1, 2012, the State	138334
Board of Education shall review its March 2008 legislative	138335
recommendations for performance standards for community schools	138336
that operate dropout prevention and recovery programs and shall	138337
make new recommendations to the General Assembly regarding	138338
legislation to enact performance standards for those schools.	138339

Section 267.60.30. The State Board of Education shall	138340
initiate rulemaking procedures for the rules for the Jon Peterson	138341
Special Needs Scholarship Program, required under section 3310.64	138342
of the Revised Code, as enacted by this act, so that those rules	138343
are in effect not later than one hundred twenty days after the	138344
effective date of this section.	138345

Section 267.60.31. The Department of Education shall conduct	138346
a formative evaluation of the Jon Peterson Special Needs	138347
Scholarship Program established under sections 3310.51 to 3310.64	138348
of the Revised Code, using both quantitative and qualitative	138349
analyses, and shall report its findings to the General Assembly,	138350
in accordance with section 101.68 of the Revised Code, not later	138351
than December 31, 2014.	138352

The study shall include an assessment of:

138353

(A) The level of the participating student's satisfaction	138354
with the program;	138355

(B) The level of the participating parent's satisfaction with	138356
the program;	138357

(C) The fiscal impact to the state and resident school	138358
districts affected by the program.	138359

In conducting the evaluation, the Department shall to the	138360
extent possible gather comments from parents who have been awarded	138361
scholarships under the program, school district officials,	138362
representatives of registered private providers, educators, and	138363
representatives of educational organizations for inclusion in the	138364
report required under this section.	138365

The Department may contract with one or more qualified	138366
researchers who have previous experience evaluating school choice	138367
programs to conduct this study. The Department may accept grants	138368
to assist in funding this study.	138369

Section 267.60.33. Not later than December 31, 2011, the	138370
Department of Education shall develop and submit to the Governor	138371
and the General Assembly, in accordance with section 101.68 of the	138372
Revised Code, a plan and legislative recommendations for the	138373
provision of up to two cumulative school years of educational	138374
services toward a high school diploma for individuals who are	138375
twenty-two years of age or older and who have not been awarded a	138376
high school diploma or a certificate of high school equivalence,	138377
as defined in section 4109.06 of the Revised Code. The plan and	138378
legislative recommendations shall specify that those services be	138379
provided by dropout prevention and recovery programs operated by	138380
school districts, granted waivers under division (F) of section	138381
3313.603 of the Revised Code, and by dropout prevention and	138382
recovery programs operated by community schools, granted waivers	138383
under section 3314.36 of the Revised Code. In developing the plan	138384
and legislative recommendations, the Department shall consult with	138385
the United States Department of Education to ensure that the	138386
creation of the program does not expand the requirement of the	138387
state or local education agencies to provide a free appropriate	138388
public education under the Individuals with Disabilities Education	138389
Act to all individuals beyond twenty-one years of age.	138390

Section 269.10. ELC OHIO ELECTIONS COMMISSION

138391

General Revenue Fund	138392

GRF	051321		Operating Expenses		$	333,117		$	333,117		138393
TOTAL GRF General Revenue Fund					$	333,117		$	333,117		138394

General Services Fund Group	138395

4P20	051601	Ohio Elections Commission Fund	$	225,000	$	225,000	138396
TOTAL GSF General Services Fund Group			$	225,000	$	225,000	138397
TOTAL ALL BUDGET FUND GROUPS			$	558,117	$	558,117	138398

Section 271.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL	138400
DIRECTORS	138401

General Services Fund Group	138402

4K90	881609	Operating Expenses	$	561,494	$	551,958	138403
TOTAL GSF General Services							138404
Fund Group			$	561,494	$	551,958	138405
TOTAL ALL BUDGET FUND GROUPS			$	561,494	$	551,958	138406

Section 273.10. PAY EMPLOYEE BENEFITS FUNDS

138408

Accrued Leave Liability Fund Group	138409

8060	995666	Accrued Leave Fund	$	72,053,178	$	71,828,986	138410
8070	995667	Disability Fund	$	27,616,583	$	26,593,747	138411
TOTAL ALF Accrued Leave Liability							138412
Fund Group			$	99,669,761	$	98,422,733	138413

Agency Fund Group	138414

1240	995673	Payroll Deductions	$	855,456,678		$	840,248,559	138415
8080	995668	State Employee Health Benefit Fund	$	590,265,468		$	649,292,014	138416
8090	995669	Dependent Care Spending Account	$	2,881,273		$	2,967,711	138417
8100	995670	Life Insurance Investment Fund	$	2,080,634		$	2,143,053	138418
8110	995671	Parental Leave Benefit Fund	$	3,484,737		$	3,355,673	138419
8130	995672	Health Care Spending Account	$	8,588,262		$	9,447,088	138420
8140	995674	Cost Savings Days	$	50,000,000		$	0	138421
TOTAL AGY Agency Fund Group			$	1,512,757,052		$	1,507,454,098	138422
					138423

TOTAL ALL BUDGET FUND GROUPS

1,612,426,813

1,605,876,831

138424

ACCRUED LEAVE LIABILITY FUND

138425

The foregoing appropriation item 995666, Accrued Leave Fund,	138426
shall be used to make payments from the Accrued Leave Liability	138427
Fund (Fund 8060) pursuant to section 125.211 of the Revised Code.	138428
If it is determined by the Director of Budget and Management that	138429
additional amounts are necessary, the amounts are hereby	138430
appropriated.	138431

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

138432

The foregoing appropriation item 995667, Disability Fund,	138433
shall be used to make payments from the State Employee Disability	138434
Leave Benefit Fund (Fund 8070) pursuant to section 124.83 of the	138435
Revised Code. If it is determined by the Director of Budget and	138436
Management that additional amounts are necessary, the amounts are	138437
hereby appropriated.	138438

PAYROLL WITHHOLDING FUND

138439

The foregoing appropriation item 995673, Payroll Deductions,	138440
shall be used to make payments from the Payroll Withholding Fund	138441
(Fund 1240). If it is determined by the Director of Budget and	138442
Management that additional appropriation amounts are necessary,	138443
the amounts are hereby appropriated.	138444

STATE EMPLOYEE HEALTH BENEFIT FUND

138445

The foregoing appropriation item 995668, State Employee	138446
Health Benefit Fund, shall be used to make payments from the State	138447
Employee Health Benefit Fund (Fund 8080) pursuant to section	138448
124.87 of the Revised Code. If it is determined by the Director of	138449
Budget and Management that additional amounts are necessary, the	138450
amounts are hereby appropriated.	138451

DEPENDENT CARE SPENDING FUND

138452

The foregoing appropriation item 995669, Dependent Care	138453
Spending Account, shall be used to make payments from the	138454
Dependent Care Spending Fund (Fund 8090) to employees eligible for	138455
dependent care expenses. If it is determined by the Director of	138456
Budget and Management that additional amounts are necessary, the	138457
amounts are hereby appropriated.	138458

LIFE INSURANCE INVESTMENT FUND

138459

The foregoing appropriation item 995670, Life Insurance	138460
Investment Fund, shall be used to make payments from the Life	138461
Insurance Investment Fund (Fund 8100) for the costs and expenses	138462
of the state's life insurance benefit program pursuant to section	138463
125.212 of the Revised Code. If it is determined by the Director	138464
of Budget and Management that additional amounts are necessary,	138465
the amounts are hereby appropriated.	138466

PARENTAL LEAVE BENEFIT FUND

138467

The foregoing appropriation item 995671, Parental Leave	138468
Benefit Fund, shall be used to make payments from the Parental	138469
Leave Benefit Fund (Fund 8110) to employees eligible for parental	138470
leave benefits pursuant to section 124.137 of the Revised Code. If	138471
it is determined by the Director of Budget and Management that	138472
additional amounts are necessary, the amounts are hereby	138473
appropriated.	138474

HEALTH CARE SPENDING ACCOUNT FUND

138475

The foregoing appropriation item 995672, Health Care Spending	138476
Account, shall be used to make payments from the Health Care	138477
Spending Account Fund (Fund 8130) for payments pursuant to state	138478
employees' participation in a flexible spending account for	138479
non-reimbursed health care expenses and section 124.821 of the	138480
Revised Code. If it is determined by the Director of	138481
Administrative Services that additional appropriation amounts are	138482
necessary, the Director of Administrative Services may request	138483
that the Director of Budget and Management increase such amounts.	138484
Such amounts are hereby appropriated.	138485

At the request of the Director of Administrative Services,	138486
the Director of Budget and Management may transfer up to $600,000	138487
annually from the General Revenue Fund to the Health Care Spending	138488
Account Fund during fiscal years 2012 and 2013. This cash shall be	138489
transferred as needed to provide adequate cash flow for the Health	138490
Care Spending Account Fund during fiscal year 2012 and fiscal year	138491
2013. If funds are available at the end of fiscal years 2012 and	138492
2013, the Director of Budget and Management shall transfer cash up	138493
to the amount previously transferred in the respective year, plus	138494
interest income, from the Health Care Spending Account (Fund 8130)	138495
to the General Revenue Fund.	138496

COST SAVINGS DAYS

138497

The foregoing appropriation item, 995674, Cost Savings Days,	138498
shall be used by the Director of Budget and Management in	138499
accordance with division (E) of section 124.392 of the Revised	138500
Code to pay employees who participated in a mandatory cost savings	138501
program, or to reimburse employees who did not fully participate	138502
in a mandatory cost savings program. Notwithstanding any provision	138503
of law to the contrary, in fiscal year 2012 and fiscal year 2013,	138504
the Director may transfer agency savings achieved from the use of	138505
a mandatory cost savings program to the General Revenue Fund or	138506
any other fund as deemed necessary by the Director. The Director	138507
may make temporary transfers from the General Revenue Fund to	138508
ensure sufficient balances in the Cost Savings Fund and may	138509
reimburse the General Revenue Fund for such transfers. If the	138510
Director determines that additional amounts are necessary for	138511
these purposes, the amounts are hereby appropriated.	138512

Section 273.20. CASH TRANSFER TO PAYROLL WITHHOLDING FUND

138513

The Director of Budget and Management may transfer $561,897	138514
in cash from the Health Care Spending Account Fund (Fund 8130) to	138515
the Payroll Withholding Fund (Fund 1240) to correct payments made	138516
from the Payroll Withholding Fund that should have been made from	138517
the Health Care Spending Account Fund.	138518

Section 275.10. ERB STATE EMPLOYMENT RELATIONS BOARD

138519

General Revenue Fund	138520

GRF	125321		Operating Expenses		$	3,758,869		$	3,761,457		138521
TOTAL GRF General Revenue Fund					$	3,758,869		$	3,761,457		138522

General Services Fund Group	138523

5720	125603	Training and Publications	$	87,075	$	87,075	138524
TOTAL GSF General Services							138525
Fund Group			$	87,075	$	87,075	138526
TOTAL ALL BUDGET FUND GROUPS			$	3,845,944	$	3,848,532	138527

Section 277.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS

138529

General Services Fund Group	138530

4K90	892609	Operating Expenses	$	934,264	$	921,778	138531
TOTAL GSF General Services							138532
Fund Group			$	934,264	$	921,778	138533
TOTAL ALL BUDGET FUND GROUPS			$	934,264	$	921,778	138534

Section 279.10. EPA ENVIRONMENTAL PROTECTION AGENCY

138536

General Services Fund Group	138537

1990	715602	Laboratory Services	$	402,295	$	408,560	138538
2190	715604	Central Support Indirect	$	8,594,348	$	8,555,680	138539
4A10	715640	Operating Expenses	$	2,304,267	$	2,093,039	138540
TOTAL GSF General Services							138541
Fund Group			$	11,300,910	$	11,057,279	138542

Federal Special Revenue Fund Group	138543

3530	715612	Public Water Supply	$	2,941,282	$	2,941,282	138544
3540	715614	Hazardous Waste Management - Federal	$	4,193,000	$	4,193,000	138545
3570	715619	Air Pollution Control - Federal	$	6,310,203	$	6,310,203	138546
3620	715605	Underground Injection Control - Federal	$	111,874	$	111,874	138547
3BU0	715684	Water Quality Protection	$	8,100,000	$	6,785,000	138548
3CS0	715688	Federal NRD Settlements	$	100,000	$	100,000	138549
3F20	715630	Revolving Loan Fund - Operating	$	907,543	$	907,543	138550
3F30	715632	Federally Supported Cleanup and Response	$	3,344,746	$	3,290,405	138551
3F50	715641	Nonpoint Source Pollution Management	$	6,265,000	$	6,260,000	138552
3T30	715669	Drinking Water State Revolving Fund	$	2,273,323	$	2,273,323	138553
3V70	715606	Agencywide Grants	$	600,000	$	600,000	138554
TOTAL FED Federal Special Revenue							138555
Fund Group			$	35,146,971	$	33,772,630	138556

State Special Revenue Fund Group	138557

4J00	715638	Underground Injection Control	$	445,234	$	445,571	138558
4K20	715648	Clean Air - Non Title V	$	3,152,306	$	2,906,267	138559
4K30	715649	Solid Waste	$	16,742,551	$	16,414,654	138560
4K40	715650	Surface Water Protection	$	7,642,625	$	6,672,246	138561
4K40	715686	Environmental Lab Service	$	2,096,007	$	2,096,007	138562
4K50	715651	Drinking Water Protection	$	7,410,118	$	7,405,428	138563
4P50	715654	Cozart Landfill	$	100,000	$	100,000	138564
4R50	715656	Scrap Tire Management	$	1,368,610	$	1,376,742	138565
4R90	715658	Voluntary Action Program	$	999,503	$	997,425	138566
4T30	715659	Clean Air - Title V Permit Program	$	16,349,471	$	16,241,822	138567
4U70	715660	Construction and Demolition Debris	$	425,913	$	433,591	138568
5000	715608	Immediate Removal Special Account	$	633,832	$	634,033	138569
5030	715621	Hazardous Waste Facility Management	$	10,241,107	$	9,789,620	138570
5050	715623	Hazardous Waste Cleanup	$	12,511,234	$	12,331,272	138571
5050	715674	Clean Ohio Environmental Review	$	108,104	$	108,104	138572
5410	715670	Site Specific Cleanup	$	2,048,101	$	2,048,101	138573
5420	715671	Risk Management Reporting	$	132,636	$	132,636	138574
5920	715627	Anti Tampering Settlement	$	2,285	$	2,285	138575
5BC0	715617	Clean Ohio	$	611,455	$	611,455	138576
5BC0	715622	Local Air Pollution Control	$	2,297,980	$	2,297,980	138577
5BC0	715624	Surface Water	$	8,970,181	$	9,114,974	138578
5BC0	715672	Air Pollution Control	$	4,438,629	$	4,534,758	138579
5BC0	715673	Drinking and Ground Water	$	4,317,527	$	4,323,521	138580
5BC0	715675	Hazardous Waste	$	95,266	$	95,266	138581
5BC0	715676	Assistance and Prevention	$	640,179	$	645,069	138582
5BC0	715677	Laboratory	$	939,717	$	958,586	138583
5BC0	715678	Corrective Actions	$	31,765	$	105,423	138584
5BC0	715687	Areawide Planning Agencies	$	450,000	$	450,000	138585
5BC0	715692	Administration	$	8,562,476	$	8,212,627	138586
5BT0	715679	C&DD Groundwater Monitoring	$	203,800	$	203,800	138587
5BY0	715681	Auto Emissions Test	$	13,029,952	$	13,242,762	138588
5CD0	715682	Clean Diesel School Buses	$	600,000	$	600,000	138589
5H40	715664	Groundwater Support	$	77,508	$	78,212	138590
5N20	715613	Dredge and Fill	$	29,250	$	29,250	138591
5Y30	715685	Surface Water Improvement	$	2,800,000	$	2,800,000	138592
6440	715631	ER Radiological Safety	$	279,838	$	279,966	138593
6600	715629	Infectious Waste Management	$	91,573	$	88,764	138594
6760	715642	Water Pollution Control Loan Administration	$	4,317,376	$	4,321,605	138595
6780	715635	Air Toxic Release	$	138,669	$	138,669	138596
6790	715636	Emergency Planning	$	2,623,192	$	2,623,252	138597
6960	715643	Air Pollution Control Administration	$	1,100,000	$	1,100,000	138598
6990	715644	Water Pollution Control Administration	$	220,000	$	220,000	138599
6A10	715645	Environmental Education	$	1,488,260	$	1,488,718	138600
TOTAL SSR State Special Revenue Fund Group			$	140,764,230	$	138,700,461	138601

Clean Ohio Conservation Fund Group	138602

5S10	715607	Clean Ohio - Operating	$	284,083	$	284,124	138603
TOTAL CLF Clean Ohio Conservation Fund Group			$	284,083	$	284,124	138604
TOTAL ALL BUDGET FUND GROUPS			$	187,496,194	$	183,814,494	138605

AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT

138606

On July 1 of each fiscal year, or as soon as possible	138607
thereafter, the Director of Budget and Management may transfer up	138608
to $13,029,952 in cash in fiscal year 2012, and up to $13,242,762	138609
in cash in fiscal year 2013 from the General Revenue Fund to the	138610
Auto Emissions Test Fund (Fund 5BY0) for the operation and	138611
oversight of the auto emissions testing program.	138612

AREAWIDE PLANNING AGENCIES

138613

The Director of Environmental Protection Agency may award	138614
grants from appropriation item 715687, Areawide Planning Agencies,	138615
to areawide planning agencies engaged in areawide water quality	138616
management and planning activities in accordance with Section 208	138617
of the "Federal Clean Water Act," 33 U.S.C. 1288.	138618

CORRECTIVE CASH TRANSFERS

138619

On July 1, 2011, or as soon as possible thereafter, the	138620
Director of Budget and Management shall transfer $376,891.85 in	138621
cash that was mistakenly deposited in the Clean Air Non Title V	138622
Fund (Fund 4K20) to the Clean Air Title V Permit Fund (Fund 4T30).	138623

On July 1, 2011, or as soon as possible thereafter, the	138624
Director of Budget and Management shall transfer $133,026.63 in	138625
cash that was mistakenly deposited in the Scrap Tire Management	138626
Fund (Fund 4R50) to the Site Specific Cleanup Fund (Fund 5410).	138627

Section 281.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

138628

General Revenue Fund	138629

GRF	172321	Operating Expenses	$	580,145	$	545,530	138630
TOTAL GRF General Revenue Fund			$	580,145	$	545,530	138631
TOTAL ALL BUDGET FUND GROUPS			$	580,145	$	545,530	138632

Section 283.10. ETC ETECH OHIO

138634

General Revenue Fund	138635

GRF	935401	Statehouse News Bureau	$	215,561	$	215,561	138636
GRF	935402	Ohio Government Telecommunications Services	$	702,089	$	702,089	138637
GRF	935408	General Operations	$	1,251,789	$	1,254,193	138638
GRF	935409	Technology Operations	$	2,092,432	$	2,091,823	138639
GRF	935410	Content Development, Acquisition, and Distribution	$	2,607,094	$	2,607,094	138640
GRF	935411	Technology Integration and Professional Development	$	4,251,185	$	4,252,671	138641
GRF	935412	Information Technology	$	829,340	$	829,963	138642
TOTAL GRF General Revenue Fund			$	11,949,490	$	11,953,394	138643

General Services Fund Group	138644

4F30	935603	Affiliate Services	$	50,000	$	50,000	138645
4T20	935605	Government Television/Telecommunications Operating	$	25,000	$	25,000	138646
TOTAL GSF General Services Fund Group			$	75,000	$	75,000	138647

State Special Revenue Fund Group	138648

4W90	935630	Telecommunity	$	25,000	$	25,000	138649
4X10	935634	Distance Learning	$	24,150	$	24,150	138650
5D40	935640	Conference/Special Purposes	$	2,100,000	$	2,100,000	138651
5FK0	935608	Media Services	$	637,601	$	637,956	138652
5JU0	935611	Information Technology Services	$	1,455,000	$	1,455,000	138653
5T30	935607	Gates Foundation Grants	$	200,000	$	171,112	138654
TOTAL SSR State Special Revenue Fund Group			$	4,441,751	$	4,413,218	138655
TOTAL ALL BUDGET FUND GROUPS			$	16,466,241	$	16,441,612	138656

Section 283.20. STATEHOUSE NEWS BUREAU

138658

The foregoing appropriation item 935401, Statehouse News	138659
Bureau, shall be used solely to support the operations of the Ohio	138660
Statehouse News Bureau.	138661

OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES

138662

The foregoing appropriation item 935402, Ohio Government	138663
Telecommunications Services, shall be used solely to support the	138664
operations of Ohio Government Telecommunications Services which	138665
include providing multimedia support to the state government and	138666
its affiliated organizations and broadcasting the activities of	138667
the legislative, judicial, and executive branches of state	138668
government, among its other functions.	138669

TECHNOLOGY OPERATIONS

138670

The foregoing appropriation item 935409, Technology	138671
Operations, shall be used by eTech Ohio to pay expenses of eTech	138672
Ohio's network infrastructure, which includes the television and	138673
radio transmission infrastructure and infrastructure that shall	138674
link all public K-12 classrooms to each other and to the Internet,	138675
and provide access to voice, video, other communication services,	138676
and data educational resources for students and teachers. The	138677
foregoing appropriation item 935409, Technology Operations, may	138678
also be used to cover student costs for taking advanced placement	138679
courses and courses that the Chancellor of the Board of Regents	138680
has determined to be eligible for postsecondary credit through the	138681
Ohio Learns Gateway. To the extent that funds remain available for	138682
this purpose, public school students taking advanced placement or	138683
postsecondary courses through the OhioLearns Gateway shall be	138684
eligible to receive a fee waiver to cover the cost of	138685
participating in one course. The fee waivers shall be distributed	138686
until the funds appropriated to support the waivers have been	138687
exhausted.	138688

CONTENT DEVELOPMENT, ACQUISITION, AND DISTRIBUTION

138689

The foregoing appropriation item 935410, Content Development,	138690
Acquisition, and Distribution, shall be used for the development,	138691
acquisition, and distribution of information resources by public	138692
media and radio reading services and for educational use in the	138693
classroom and online.	138694

Of the foregoing appropriation item 935410, Content	138695
Development, Acquisition, and Distribution, up to $658,099 in each	138696
fiscal year shall be allocated equally among the 12 Ohio	138697
educational television stations and used with the advice and	138698
approval of eTech Ohio. Funds shall be used for the production of	138699
interactive instructional programming series with priority given	138700
to resources aligned with state academic content standards in	138701
consultation with the Ohio Department of Education and for	138702
teleconferences to support eTech Ohio. The programming shall be	138703
targeted to the needs of the poorest two hundred school districts	138704
as determined by the district's adjusted valuation per pupil as	138705
defined in former section 3317.0213 of the Revised Code as that	138706
section existed prior to June 30, 2005.	138707

Of the foregoing appropriation item 935410, Content	138708
Development, Acquisition, and Distribution, up to $1,749,283 in	138709
each fiscal year shall be distributed by eTech Ohio to Ohio's	138710
qualified public educational television stations and educational	138711
radio stations to support their operations. The funds shall be	138712
distributed pursuant to an allocation formula used by the Ohio	138713
Educational Telecommunications Network Commission unless a	138714
substitute formula is developed by eTech Ohio in consultation with	138715
Ohio's qualified public educational television stations and	138716
educational radio stations.	138717

Of the foregoing appropriation item 935410, Content	138718
Development, Acquisition, and Distribution, up to $199,712 in each	138719
fiscal year shall be distributed by eTech Ohio to Ohio's qualified	138720
radio reading services to support their operations. The funds	138721
shall be distributed pursuant to an allocation formula used by the	138722
Ohio Educational Telecommunications Network Commission unless a	138723
substitute formula is developed by eTech Ohio in consultation with	138724
Ohio's qualified radio reading services.	138725

Section 283.30. TECHNOLOGY INTEGRATION AND PROFESSIONAL	138726
DEVELOPMENT	138727

The foregoing appropriation item 935411, Technology	138728
Integration and Professional Development, shall be used by eTech	138729
Ohio for the provision of staff development, hardware, software,	138730
telecommunications services, and information resources to support	138731
educational uses of technology in the classroom and at a distance	138732
and for professional development for teachers, administrators, and	138733
technology staff on the use of educational technology in	138734
qualifying public schools, including the State School for the	138735
Blind, the State School for the Deaf, and the Department of Youth	138736
Services.	138737

Of the foregoing appropriation item 935411, Technology	138738
Integration and Professional Development, up to $1,691,701 in each	138739
fiscal year shall be used by eTech Ohio to contract with	138740
educational television to provide Ohio public schools with	138741
instructional resources and services with priority given to	138742
resources and services aligned with state academic content	138743
standards and such resources and services shall be based upon the	138744
advice and approval of eTech Ohio, based on a formula used by the	138745
Ohio SchoolNet Commission unless and until a substitute formula is	138746
developed by eTech Ohio in consultation with Ohio's educational	138747
technology agencies and noncommercial educational television	138748
stations.	138749

Section 283.40. TELECOMMUNITY

138750

The foregoing appropriation item 935630, Telecommunity, shall	138751
be distributed by eTech Ohio on a grant basis to eligible school	138752
districts to establish "distance learning" through interactive	138753
video technologies in the school district. Per agreements with	138754
eight Ohio local telephone companies, ALLTEL Ohio, CENTURY	138755
Telephone of Ohio, Chillicothe Telephone Company, Cincinnati Bell	138756
Telephone Company, Orwell Telephone Company, Sprint North Central	138757
Telephone, VERIZON, and Western Reserve Telephone Company, school	138758
districts are eligible for funds if they are within one of the	138759
listed telephone company service areas. Funds to administer the	138760
program shall be expended by eTech Ohio up to the amount specified	138761
in the agreements with the listed telephone companies.	138762

Within thirty days after the effective date of this section,	138763
the Director of Budget and Management shall transfer to Fund 4W90	138764
in the State Special Revenue Fund Group any investment earnings	138765
from moneys paid by any telephone company as part of any	138766
settlement agreement between the listed companies and the Public	138767
Utilities Commission in fiscal years 1996 and beyond.	138768

DISTANCE LEARNING

138769

The foregoing appropriation item 935634, Distance Learning,	138770
shall be distributed by eTech Ohio on a grant basis to eligible	138771
school districts to establish "distance learning" in the school	138772
district. Per an agreement with Ameritech, school districts are	138773
eligible for funds if they are within an Ameritech service area.	138774
Funds to administer the program shall be expended by eTech Ohio up	138775
to the amount specified in the agreement with Ameritech.	138776

Within thirty days after the effective date of this section,	138777
the Director of Budget and Management shall transfer to Fund 4X10	138778
in the State Special Revenue Fund Group any investment earnings	138779
from moneys paid by any telephone company as part of a settlement	138780
agreement between the company and the Public Utilities Commission	138781
in fiscal year 1995.	138782

GATES FOUNDATION GRANTS

138783

The foregoing appropriation item 935607, Gates Foundation	138784
Grants, shall be used by eTech Ohio to provide professional	138785
development to school district principals, superintendents, and	138786
other administrative staff on the use of education technology.	138787

Section 285.10. ETH OHIO ETHICS COMMISSION

138788

General Revenue Fund	138789

GRF	146321		Operating Expenses		$	1,409,751		$	1,409,751		138790
TOTAL GRF General Revenue Fund					$	1,409,751		$	1,409,751		138791

General Services Fund Group	138792

4M60	146601	Operating Expenses	$	827,393	$	827,393	138793
TOTAL GSF General Services							138794
Fund Group			$	827,393	$	827,393	138795
TOTAL ALL BUDGET FUND GROUPS			$	2,237,144	$	2,237,144	138796

ETHICS COMMISSION CASINO-RELATED ACTIVITIES

138797

On July 1, 2011, or as soon as possible thereafter, an amount	138798
equal to the unexpended and unencumbered balance of appropriation	138799
item 146602, Casino Investigations, at the end of fiscal year 2011	138800
is hereby reappropriated to the same appropriation item for fiscal	138801
year 2012, to be used for the performance of the Ohio Ethics	138802
Commission's casino-related duties.	138803

Section 287.10. EXP OHIO EXPOSITIONS COMMISSION

138804

General Revenue Fund	138805

GRF	723403		Junior Fair Subsidy		$	250,000		$	250,000		138806
TOTAL GRF General Revenue Fund					$	250,000		$	250,000		138807

State Special Revenue Fund Group	138808

4N20	723602	Ohio State Fair Harness Racing	$	400,000	$	400,000	138809
5060	723601	Operating Expenses	$	12,991,000	$	12,894,000	138810
TOTAL SSR State Special Revenue							138811
Fund Group			$	13,391,000	$	13,294,000	138812
TOTAL ALL BUDGET FUND GROUPS			$	13,641,000	$	13,544,000	138813

STATE FAIR RESERVE

138814

The General Manager of the Expositions Commission may submit	138815
a request to the Controlling Board to use available amounts in the	138816
State Fair Reserve Fund (Fund 6400) if the following conditions	138817
apply:	138818

(A) Admissions receipts for the 2011 or 2012 Ohio State Fair	138819
are less than $1,982,000 because of inclement weather or	138820
extraordinary circumstances;	138821

(B) The Ohio Expositions Commission declares a state of	138822
fiscal exigency; and	138823

(C) The request contains a plan describing how the	138824
Expositions Commission will eliminate the cash shortage causing	138825
the request.	138826

The amount approved by the Controlling Board is hereby	138827
appropriated.	138828

Section 289.10. GOV OFFICE OF THE GOVERNOR

138829

General Revenue Fund	138830

GRF	040321		Operating Expenses		$	3,001,806		$	2,851,552		138831
TOTAL GRF General Revenue Fund					$	3,001,806		$	2,851,552		138832

General Services Fund Group	138833

5AK0	040607		Government Relations		$	365,149		$	365,149		138834
TOTAL GSF General Services Fund Group					$	365,149		$	365,149		138835

TOTAL ALL BUDGET FUND GROUPS

3,366,955

3,216,701

138836

GOVERNMENT RELATIONS

138837

A portion of the foregoing appropriation item 040607,	138838
Government Relations, may be used to support Ohio's membership in	138839
national or regional associations.	138840

The Office of the Governor may charge any state agency of the	138841
executive branch using an intrastate transfer voucher such amounts	138842
necessary to defray the costs incurred for the conduct of	138843
governmental relations associated with issues that can be	138844
attributed to the agency. Amounts collected shall be deposited in	138845
the Government Relations Fund (Fund 5AK0).	138846

Section 291.10. DOH DEPARTMENT OF HEALTH

138847

General Revenue Fund	138848

GRF	440412	Cancer Incidence Surveillance System	$	600,000	$	600,000	138849
GRF	440413	Local Health Department Support	$	2,302,788	$	2,303,061	138850
GRF	440416	Mothers and Children Safety Net Services	$	4,227,842	$	4,228,015	138851
GRF	440418	Immunizations	$	6,430,538	$	8,930,829	138852
GRF	440431	Free Clinics Safety Net Services	$	437,326	$	437,326	138853
GRF	440438	Breast and Cervical Cancer Screening	$	823,217	$	823,217	138854
GRF	440444	AIDS Prevention and Treatment	$	5,842,315	$	5,842,315	138855
GRF	440451	Public Health Laboratory	$	3,654,348	$	3,655,449	138856
GRF	440452	Child and Family Health Services Match	$	630,390	$	630,444	138857
GRF	440453	Health Care Quality Assurance	$	8,170,694	$	8,174,361	138858
GRF	440454	Local Environmental Health	$	1,310,141	$	1,310,362	138859
GRF	440459	Help Me Grow	$	33,673,545	$	33,673,987	138860
GRF	440465	Federally Qualified Health Centers	$	458,688	$	2,686,688	138861
GRF	440467	Access to Dental Care	$	540,484	$	540,484	138862
GRF	440468	Chronic Disease and Injury Prevention	$	2,577,251	$	2,577,251	138863
GRF	440472	Alcohol Testing	$	550,000	$	1,100,000	138864
GRF	440505	Medically Handicapped Children	$	7,512,451	$	7,512,451	138865
GRF	440507	Targeted Health Care Services Over 21	$	1,045,414	$	1,045,414	138866
TOTAL GRF General Revenue Fund			$	80,787,432	$	86,071,654	138867

State Highway Safety Fund Group	138868

4T40	440603	Child Highway Safety	$	233,894	$	233,894	138869
TOTAL HSF State Highway Safety							138870
Fund Group			$	233,894	$	233,894	138871

General Services Fund Group	138872

1420	440646	Agency Health Services	$	8,825,788	$	8,826,146	138873
2110	440613	Central Support Indirect Costs	$	28,900,000	$	29,000,000	138874
4730	440622	Lab Operating Expenses	$	5,000,000	$	5,000,000	138875
5HB0	440470	Breast and Cervical Cancer Screening	$	1,000,000	$	0	138876
6830	440633	Employee Assistance Program	$	1,100,000	$	1,100,000	138877
6980	440634	Nurse Aide Training	$	99,239	$	99,265	138878
TOTAL GSF General Services							138879
Fund Group			$	44,925,027	$	44,025,411	138880

Federal Special Revenue Fund Group	138881

3200	440601	Maternal Child Health Block Grant	$	27,068,886	$	27,068,886	138882
3870	440602	Preventive Health Block Grant	$	7,826,659	$	7,826,659	138883
3890	440604	Women, Infants, and Children	$	308,672,689	$	308,672,689	138884
3910	440606	Medicaid/Medicare	$	29,625,467	$	29,257,457	138885
3920	440618	Federal Public Health Programs	$	137,976,988	$	137,976,988	138886
TOTAL FED Federal Special Revenue							138887
Fund Group			$	511,170,689	$	510,802,679	138888

State Special Revenue Fund Group	138889

4700	440647	Fee Supported Programs	$	24,503,065	$	24,513,973	138890
4710	440619	Certificate of Need	$	878,145	$	878,433	138891
4770	440627	Medically Handicapped Children Audit	$	3,692,704	$	3,692,703	138892
4D60	440608	Genetics Services	$	3,310,953	$	3,311,039	138893
4F90	440610	Sickle Cell Disease Control	$	1,032,754	$	1,032,824	138894
4G00	440636	Heirloom Birth Certificate	$	5,000	$	5,000	138895
4G00	440637	Birth Certificate Surcharge	$	5,000	$	5,000	138896
4L30	440609	Miscellaneous Expenses	$	3,333,164	$	3,333,164	138897
4P40	440628	Ohio Physician Loan Repayment	$	476,870	$	476,870	138898
4V60	440641	Save Our Sight	$	2,255,760	$	2,255,789	138899
5B50	440616	Quality, Monitoring, and Inspection	$	878,638	$	878,997	138900
5C00	440615	Alcohol Testing and Permit	$	551,018	$	0	138901
5CN0	440645	Choose Life	$	75,000	$	75,000	138902
5D60	440620	Second Chance Trust	$	1,151,815	$	1,151,902	138903
5ED0	440651	Smoke Free Indoor Air	$	190,452	$	190,452	138904
5G40	440639	Adoption Services	$	20,000	$	20,000	138905
5L10	440623	Nursing Facility Technical Assistance Program	$	687,500	$	687,528	138906
5Z70	440624	Ohio Dentist Loan Repayment	$	140,000	$	140,000	138907
6100	440626	Radiation Emergency Response	$	930,525	$	930,576	138908
6660	440607	Medically Handicapped Children - County Assessments	$	19,738,286	$	19,739,617	138909
TOTAL SSR State Special Revenue							138910
Fund Group			$	63,856,649	$	63,318,867	138911

Holding Account Redistribution Fund Group	138912

R014	440631	Vital Statistics	$	44,986	$	44,986	138913
R048	440625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	138914
TOTAL 090 Holding Account							138915
Redistribution Fund Group			$	64,986	$	64,986	138916

Tobacco Master Settlement Agreement Fund Group	138917

5BX0	440656	Tobacco Use Prevention	$	1,000,000	$	1,000,000	138918
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,000,000	$	1,000,000	138919
TOTAL ALL BUDGET FUND GROUPS			$	702,038,677	$	705,517,491	138920

Section 291.20. IMMUNIZATIONS

138922

Of the foregoing appropriation item 440418, Immunizations,	138923
$2,500,000 in fiscal year 2013 shall be used to purchase	138924
pneumococcal conjugate vaccines.	138925

HIV/AIDS PREVENTION/TREATMENT

138926

The foregoing appropriation item 440444, AIDS Prevention and	138927
Treatment, shall be used to assist persons with HIV/AIDS in	138928
acquiring HIV-related medications and to administer educational	138929
prevention initiatives.	138930

PUBLIC HEALTH LABORATORY

138931

A portion of the foregoing appropriation item 440451, Public	138932
Health Laboratory, shall be used for coordination and management	138933
of prevention program operations and the purchase of drugs for	138934
sexually transmitted diseases.	138935

HELP ME GROW

138936

The foregoing appropriation item 440459, Help Me Grow, shall	138937
be used by the Department of Health to implement the Help Me Grow	138938
Program. Funds shall be distributed to counties through contracts,	138939
grants, or subsidies in accordance with section 3701.61 of the	138940
Revised Code. Appropriation item 440459, Help Me Grow, may be used	138941
in conjunction with Early Intervention funding from the Department	138942
of Developmental Disabilities, and in conjunction with other early	138943
childhood funds and services to promote the optimal development of	138944
young children and family-centered programs and services that	138945
acknowledge and support the social, emotional, cognitive,	138946
intellectual, and physical development of children and the vital	138947
role of families in ensuring the well-being and success of	138948
children. The Department of Health shall enter into an interagency	138949
agreement with the Department of Education, Department of	138950
Developmental Disabilities, Department of Job and Family Services,	138951
and Department of Mental Health to ensure that all early childhood	138952
programs and initiatives are coordinated and school linked.	138953

Of the foregoing appropriation item 440459, Help Me Grow, if	138954
a county Family and Children First Council selects home-visiting	138955
programs, the home-visiting program shall only be eligible for	138956
funding if it serves pregnant women, or parents or other primary	138957
caregivers and the parent or other primary caregiver's child or	138958
children under three years of age, through quality programs of	138959
early childhood home visitation and if the home visitations are	138960
performed by nurses, social workers, child development specialists	138961
or other well-trained and competent staff, as demonstrated by	138962
education or training and the provision of ongoing specific	138963
training and supervision in the model of service being delivered.	138964
The home-visiting program also shall be required to have outcome	138965
and research standards that demonstrate ongoing positive outcomes	138966
for children, parents, and other primary caregivers that enhance	138967
child health and development, and conform to a clear consistent	138968
home visitation model that has been in existence for at least	138969
three years. The home visitation model shall be research-based;	138970
grounded in relevant, empirically based knowledge; linked to	138971
program-determined outcomes; associated with a national	138972
organization or institution of higher education that has	138973
comprehensive home visitation program standards that ensure high	138974
quality service delivery and continuous program improvement; and	138975
have demonstrated significant positive outcomes when evaluated	138976
using well-designed and rigorous randomized, controlled, or	138977
quasi-experimental research designs, and the evaluation results	138978
have been published in a peer-reviewed journal.	138979

For fiscal year 2012, the Department of Health shall support	138980
a county's need for a transition period to meet expected service	138981
levels for the Help Me Grow Home Visiting Program and the Part C	138982
Program by distributing funds for home visiting through a subsidy	138983
agreement that allows the county Family and Children First Council	138984
discretion to use a percentage of those funds for Part C services,	138985
so long as the services are provided in accordance with the	138986
"Individuals with Disability Education Act," 118 Stat. 2744	138987
(2004), 20 U.S.C. 1431 et seq. and section 3701.61 of the Revised	138988
Code. The county Family and Children First council may use up to	138989
one hundred per cent of the funds allocated for the first quarter,	138990
with decreasing percentages determined by the Department of Health	138991
for the remaining quarters of fiscal year 2012, for Part C	138992
services.	138993

The foregoing appropriation item 440459, Help Me Grow, may	138994
also be used for the Developmental Autism and Screening Program.	138995

FEDERALLY QUALIFIED HEALTH CENTERS

138996

For fiscal year 2012, any undisbursed funds previously	138997
provided under subsidy agreements between the Department of Health	138998
and the Ohio Association of Community Health Centers, or its	138999
predecessor organization, pursuant to section 183.18 of the	139000
Revised Code, shall be available to federally qualified health	139001
centers in the same manner as those funds in appropriation item	139002
440465, Federally Qualified Health Centers.	139003

TARGETED HEALTH CARE SERVICES OVER 21

139004

The foregoing appropriation item 440507, Targeted Health Care	139005
Services Over 21, shall be used to administer the Cystic Fibrosis	139006
Program and to implement the Hemophilia Insurance Premium Payment	139007
Program.	139008

The foregoing appropriation item 440507, Targeted Health Care	139009
Services Over 21, shall also be used to provide essential	139010
medications and to pay the copayments for drugs approved by the	139011
Department of Health and covered by Medicare Part D that are	139012
dispensed to Bureau for Children with Medical Handicaps (BCMH)	139013
participants for the Cystic Fibrosis Program.	139014

The Department shall expend all of these funds.

139015

GENETICS SERVICES

139016

The foregoing appropriation item 440608, Genetics Services	139017
(Fund 4D60), shall be used by the Department of Health to	139018
administer programs authorized by sections 3701.501 and 3701.502	139019
of the Revised Code. None of these funds shall be used to counsel	139020
or refer for abortion, except in the case of a medical emergency.	139021

MEDICALLY HANDICAPPED CHILDREN AUDIT

139022

The Medically Handicapped Children Audit Fund (Fund 4770)	139023
shall receive revenue from audits of hospitals and recoveries from	139024
third-party payers. Moneys may be expended for payment of audit	139025
settlements and for costs directly related to obtaining recoveries	139026
from third-party payers and for encouraging Medically Handicapped	139027
Children's Program recipients to apply for third-party benefits.	139028
Moneys also may be expended for payments for diagnostic and	139029
treatment services on behalf of medically handicapped children, as	139030
defined in division (A) of section 3701.022 of the Revised Code,	139031
and Ohio residents who are twenty-one or more years of age and who	139032
are suffering from cystic fibrosis or hemophilia. Moneys may also	139033
be expended for administrative expenses incurred in operating the	139034
Medically Handicapped Children's Program.	139035

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	139036
PERMIT FUND	139037

The Director of Budget and Management may transfer up to	139038
$551,018 in cash from the Liquor Control Fund (Fund 7043) to the	139039
Alcohol Testing and Permit Fund (Fund 5C00) in fiscal year 2012 to	139040
meet the operating needs of the Alcohol Testing and Permit	139041
Program.	139042

The Director of Budget and Management may transfer up to	139043
$551,018 in cash in fiscal year 2012 to the Alcohol Testing and	139044
Permit Fund (Fund 5C00) from the Liquor Control Fund (Fund 7043)	139045
created in section 4301.12 of the Revised Code determined by a	139046
transfer schedule set by the Department of Health.	139047

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

139048

The foregoing appropriation item 440607, Medically	139049
Handicapped Children - County Assessments (Fund 6660), shall be	139050
used to make payments under division (E) of section 3701.023 of	139051
the Revised Code.	139052

NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM

139053

On July 1, 2011, or as soon as possible thereafter, the	139054
Director of Budget and Management may transfer, cash from the	139055
Resident Protection Fund (Fund 4E30), which is used by the Ohio	139056
Department of Job and Family Services, to the Nursing Facility	139057
Technical Assistance Program Fund (Fund 5L10), which is used by	139058
the Ohio Department of Health, to be used under section 3721.026	139059
of the Revised Code. The transfers shall be up to $698,595 in each	139060
fiscal year of the biennium.	139061

GENERAL REVENUE FUND TRANSFER TO THE TOBACCO USE PREVENTION	139062
FUND	139063

On July 1, 2012, or as soon as possible thereafter, the	139064
Director of Budget and Management shall transfer up to $500,000	139065
cash from the General Revenue Fund to the Tobacco Use Prevention	139066
Fund (Fund 5BX0), used by the Department of Health.	139067

Section 291.30. EARLY INTERVENTION WORKGROUP

139068

(A) The Department of Health shall convene a workgroup to	139069
develop recommendations for eligibility criteria for early	139070
intervention services to be provided pursuant to Part C of the	139071
"Individuals with Disability Education Act," 118 Stat. 2744	139072
(2004), 20 U.S.C. 1431 et seq. The recommendations shall be based	139073
on available funds and national data related to the identification	139074
of infants and toddlers who have developmental delays or are most	139075
at risk for developmental delays and, in either case, would	139076
benefit from early intervention services.	139077

(B) The workgroup shall be facilitated by the Department and	139078
shall be composed of all of the following members:	139079

(1) A representative from the Department of Developmental	139080
Disabilities;	139081

(2) A representative from the Department of Education;

139082

(3) A representative from the Department of Mental Health;

139083

(4) A representative from the Help Me Grow Advisory Council;

139084

(5) A parent member of the Help Me Grow Advisory Council;

139085

(6) A representative from the Ohio Family and Children First	139086
Cabinet Council;	139087

(7) A representative from the Ohio Family and Children First	139088
Association;	139089

(8) A county Help Me Grow project director;

139090

(9) A representative from the Ohio Council of Behavioral	139091
Health and Family Services Providers;	139092

(10) A representative from the Ohio Association for Infant	139093
Mental Health;	139094

(11) A representative from the Ohio Association of County	139095
Boards of Developmental Disabilities;	139096

(12) A representative from the Ohio Superintendents of County	139097
Boards of Developmental Disabilities;	139098

(13) A representative from the Ohio chapter of the American	139099
Academy of Pediatrics;	139100

(14) A public health nurse from a board of health of a city	139101
or general health district, or an authority having the duties of a	139102
board of health;	139103

(15) A representative from the Department of Job and Family	139104
Services;	139105

(16) The executive director of the Ohio Developmental	139106
Disabilities Council or the director's designee;	139107

(17) A representative of the County Commissioners Association	139108
of Ohio.	139109

(C) The Department shall convene the workgroup not later than	139110
July 15, 2011. The workgroup shall present to the Director of	139111
Health its recommendations for eligibility criteria for Part C	139112
early intervention services not later than October 1, 2011. After	139113
the recommendations are submitted, the Director may accept the	139114
recommendations in whole or in part and implement eligibility	139115
criteria accordingly.	139116

Section 291.40. CERTIFICATE OF NEED FOR NEW NURSING HOME

139117

(A) As used in this section:

139118

"Nursing home" and "residential care facility" have the same	139119
meanings as in section 3721.01 of the Revised Code.	139120

"Population" means that shown by the 2000 regular federal	139121
census.	139122

(B) The Director of Health shall accept, for review under	139123
section 3702.52 of the Revised Code, a certificate of need	139124
application for the establishment, development, and construction	139125
of a new nursing home if all of the following conditions are met:	139126

(1) The application is submitted to the Director not later	139127
than one hundred eighty days after the effective date of this	139128
section.	139129

(2) The new nursing home is to be located in a county that	139130
has a population of at least thirty thousand persons and not more	139131
than forty-one thousand persons.	139132

(3) The new nursing home is to be located on a campus that	139133
has been in operation for at least twelve years and both of the	139134
following are also located on the campus on the effective date of	139135
this section:	139136

(a) At least one existing residential care facility with at	139137
least twenty-five residents;	139138

(b) At least one existing independent living dwelling for	139139
seniors with at least seventy-five residents.	139140

(4) The new nursing home is to have not more than thirty beds	139141
to which both of the following apply:	139142

(a) All of the beds are to be transferred from an existing	139143
nursing home in the state.	139144

(b) All of the beds are proposed to be licensed as nursing	139145
home beds under Chapter 3721. of the Revised Code.	139146

(C) In reviewing certificate of need applications accepted	139147
under this section, the Director shall neither deny an application	139148
on the grounds that the new nursing home is to have less than	139149
fifty beds nor require an applicant to obtain a waiver of the	139150
minimum fifty-bed requirement established by division (I) of rule	139151
3701-12-23 of the Administrative Code.	139152

Section 291.50. EXEMPTION FROM CERTIFICATE OF NEED	139153
REQUIREMENT	139154

(A) As used in this section:

139155

"2010 bed need determination" means the determination of each	139156
county's bed need that the Director of Health made in calendar	139157
year 2010.	139158

"Bed need" means the number of long-term care beds that a	139159
county needs as determined by the Director of Health pursuant to	139160
division (B)(3) of section 3702.593 of the Revised Code.	139161

"Bed need excess" means that a county's bed need is such that	139162
one or more long-term care beds could be relocated from the county	139163
according to the 2010 bed need determination and regardless of any	139164
subsequent bed need determination.	139165

"Bed need shortage" means that a county's bed need is such	139166
that one or more long-term care beds could be relocated into the	139167
county according to the 2010 bed need determination and regardless	139168
of any subsequent bed need determination.	139169

"Bed need shortage quantity" means the number of long-term	139170
care beds that could be relocated into a county with a bed need	139171
shortage according to the 2010 bed need determination and	139172
regardless of any subsequent bed need determination.	139173

"Existing bed" means a county home bed that is used, or	139174
available for use, for skilled nursing care by a resident of the	139175
county home on the effective date of this section.	139176

"Skilled nursing care" has the same meaning as in section	139177
3721.01 of the Revised Code.	139178

(B) Notwithstanding sections 3702.51 to 3702.62 of the	139179
Revised Code and until January 1, 2014, a county home is not	139180
required to obtain a certificate of need to obtain Medicare or	139181
Medicaid certification for one or more of the county home's	139182
existing beds if all of the following apply:	139183

(1) The county home is located in a county that has a bed	139184
need shortage.	139185

(2) No county that borders the county in which the county	139186
home is located has a bed need excess or bed need shortage.	139187

(3) The number of the county home's existing beds for which	139188
Medicare or Medicaid certification is sought does not exceed the	139189
bed need shortage quantity of the county in which the county home	139190
is located and the county home obtains Medicare or Medicaid	139191
certification for those existing beds not later than December 31,	139192
2013.	139193

Section 293.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION

139194

Agency Fund Group	139195

4610	372601	Operating Expenses	$	12,500	$	12,500	139196
TOTAL AGY Agency Fund Group			$	12,500	$	12,500	139197
TOTAL ALL BUDGET FUND GROUPS			$	12,500	$	12,500	139198

Section 295.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

139200

General Revenue Fund	139201

GRF	148100	Personal Services	$	230,000	$	230,000	139202
GRF	148200	Maintenance	$	50,000	$	50,000	139203
GRF	148402	Community Projects	$	37,005	$	44,922	139204
TOTAL GRF General Revenue Fund			$	317,005	$	324,922	139205

General Services Fund Group	139206

6010	148602	Gifts and Miscellaneous	$	4,558	$	4,558	139207
TOTAL GSF General Services							139208
Fund Group			$	4,558	$	4,558	139209
TOTAL ALL BUDGET FUND GROUPS			$	321,563	$	329,480	139210

Section 297.10. OHS OHIO HISTORICAL SOCIETY

139212

General Revenue Fund	139213

GRF	360501	Education and Collections	$	2,368,997	$	2,368,997	139214
GRF	360502	Site and Museum Operations	$	3,926,288	$	3,926,288	139215
GRF	360504	Ohio Preservation Office	$	290,000	$	290,000	139216
GRF	360505	National Afro-American Museum	$	414,798	$	414,798	139217
GRF	360506	Hayes Presidential Center	$	281,043	$	281,043	139218
GRF	360508	State Historical Grants	$	1,140,570	$	390,570	139219
GRF	360509	Outreach and Partnership	$	90,395	$	90,395	139220
TOTAL GRF General Revenue Fund			$	8,512,091	$	7,762,091	139221
TOTAL ALL BUDGET FUND GROUPS			$	8,512,091	$	7,762,091	139222

SUBSIDY APPROPRIATION

139223

Upon approval by the Director of Budget and Management, the	139224
foregoing appropriation items shall be released to the Ohio	139225
Historical Society in quarterly amounts that in total do not	139226
exceed the annual appropriations. The funds and fiscal records of	139227
the society for fiscal year 2012 and fiscal year 2013 shall be	139228
examined by independent certified public accountants approved by	139229
the Auditor of State, and a copy of the audited financial	139230
statements shall be filed with the Office of Budget and	139231
Management. The society shall prepare and submit to the Office of	139232
Budget and Management the following:	139233

(A) An estimated operating budget for each fiscal year of the	139234
biennium. The operating budget shall be submitted at or near the	139235
beginning of each calendar year.	139236

(B) Financial reports, indicating actual receipts and	139237
expenditures for the fiscal year to date. These reports shall be	139238
filed at least semiannually during the fiscal biennium.	139239

The foregoing appropriations shall be considered to be the	139240
contractual consideration provided by the state to support the	139241
state's offer to contract with the Ohio Historical Society under	139242
section 149.30 of the Revised Code.	139243

HAYES PRESIDENTIAL CENTER

139244

If a United States government agency, including, but not	139245
limited to, the National Park Service, chooses to take over the	139246
operations or maintenance of the Hayes Presidential Center, in	139247
whole or in part, the Ohio Historical Society shall make	139248
arrangements with the National Park Service or other United States	139249
government agency for the efficient transfer of operations or	139250
maintenance.	139251

STATE HISTORICAL GRANTS

139252

Of the foregoing appropriation item 360508, State Historical	139253
Grants, $195,285 in each fiscal year shall be granted to the	139254
Cincinnati Museum Center, and $195,285 in each fiscal year shall	139255
be granted to the Western Reserve Historical Society.	139256

Section 299.10. REP OHIO HOUSE OF REPRESENTATIVES

139257

General Revenue Fund	139258

GRF	025321		Operating Expenses		$	18,517,093		$	18,517,093		139259
TOTAL GRF General Revenue Fund					$	18,517,093		$	18,517,093		139260

General Services Fund Group	139261

1030	025601	House Reimbursement	$	1,433,664	$	1,433,664	139262
4A40	025602	Miscellaneous Sales	$	37,849	$	37,849	139263
TOTAL GSF General Services							139264
Fund Group			$	1,471,513	$	1,471,513	139265
TOTAL ALL BUDGET FUND GROUPS			$	19,988,606	$	19,988,606	139266

OPERATING EXPENSES

139267

On July 1, 2011, or as soon as possible thereafter, the Chief	139268
Administrative Officer of the House of Representatives may certify	139269
to the Director of Budget and Management the amount of the	139270
unexpended, unencumbered balance of the foregoing appropriation	139271
item 025321, Operating Expenses, at the end of fiscal year 2011 to	139272
be reappropriated to fiscal year 2012. The amount certified is	139273
hereby reappropriated to the same appropriation item for fiscal	139274
year 2012.	139275

On July 1, 2012, or as soon as possible thereafter, the Chief	139276
Administrative Officer of the House of Representatives may certify	139277
to the Director of Budget and Management the amount of the	139278
unexpended, unencumbered balance of the foregoing appropriation	139279
item 025321, Operating Expenses, at the end of fiscal year 2012 to	139280
be reappropriated to fiscal year 2013. The amount certified is	139281
hereby reappropriated to the same appropriation item for fiscal	139282
year 2013.	139283

HOUSE REIMBURSEMENT

139284

If it is determined by the Chief Administrative Officer of	139285
the House of Representatives that additional appropriations are	139286
necessary for the foregoing appropriation item 025601, House	139287
Reimbursement, the amounts are hereby appropriated.	139288

Section 303.10. HFA OHIO HOUSING FINANCE AGENCY

139289

Agency Fund Group	139290

5AZ0	997601	Housing Finance Agency Personal Services	$	9,800,000	$	9,800,000	139291
TOTAL AGY Agency Fund Group			$	9,800,000	$	9,800,000	139292
TOTAL ALL BUDGET FUND GROUPS			$	9,800,000	$	9,800,000	139293

Section 305.10. IGO OFFICE OF THE INSPECTOR GENERAL

139295

General Revenue Fund	139296

GRF	965321		Operating Expenses		$	1,124,663		$	1,125,598		139297
TOTAL GRF General Revenue Fund					$	1,124,663		$	1,125,598		139298

General Services Fund Group	139299

5FA0	965603	Deputy Inspector General for ODOT	$	400,000	$	400,000	139300
5FT0	965604	Deputy Inspector General for BWC/OIC	$	425,000	$	425,000	139301
5GI0	965605	Deputy Inspector General for ARRA	$	520,837	$	521,535	139302
TOTAL GSF General Services Fund Group			$	1,345,837	$	1,346,535	139303
TOTAL ALL BUDGET FUND GROUPS			$	2,470,500	$	2,472,133	139304

IGO CASINO-RELATED ACTIVITIES

139305

On July 1, 2011, or as soon as possible thereafter, an amount	139306
equal to the unexpended, unencumbered balance of appropriation	139307
item 965609, Casino Investigations, at the end of fiscal year 2011	139308
is hereby reappropriated to the same appropriation item for fiscal	139309
year 2012, to be used for the performance of the Inspector	139310
General's casino-related duties.	139311

DEPUTY INSPECTOR GENERAL FOR FUNDS RECEIVED THROUGH THE	139312
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009	139313

On July 1, 2011, and on January 1, 2012, or as soon as	139314
possible thereafter, the Director of Budget and Management shall	139315
transfer $225,000 in cash, for each period, from the General	139316
Revenue Fund to the Deputy Inspector General for Funds Received	139317
through the American Recovery and Reinvestment Act of 2009 Fund	139318
(Fund 5GI0), which is created in section 121.53 of the Revised	139319
Code.	139320

On July 1, 2012, and on January 1, 2013, or as soon as	139321
possible thereafter, the Director of Budget and Management shall	139322
transfer $225,000 in cash, for each period, from the General	139323
Revenue Fund to the Deputy Inspector General for Funds Received	139324
through the American Recovery and Reinvestment Act of 2009 Fund	139325
(Fund 5GI0).	139326

Section 307.10. INS DEPARTMENT OF INSURANCE

139327

Federal Special Revenue Fund Group	139328

3EV0	820610	Health Insurance Premium Review	$	1,000,000	$	1,000,000	139329
3EW0	820611	Health Exchange Planning	$	1,000,000	$	1,000,000	139330
3U50	820602	OSHIIP Operating Grant	$	2,270,726	$	2,270,725	139331
TOTAL FED Federal Special							139332
Revenue Fund Group			$	4,270,726	$	4,270,725	139333

State Special Revenue Fund Group	139334

5540	820601	Operating Expenses - OSHIIP	$	190,000	$	180,000	139335
5540	820606	Operating Expenses	$	22,745,538	$	22,288,550	139336
5550	820605	Examination	$	9,065,684	$	8,934,065	139337
TOTAL SSR State Special Revenue							139338
Fund Group			$	32,001,222	$	31,402,615	139339
TOTAL ALL BUDGET FUND GROUPS			$	36,271,948	$	35,673,340	139340

MARKET CONDUCT EXAMINATION

139341

When conducting a market conduct examination of any insurer	139342
doing business in this state, the Superintendent of Insurance may	139343
assess the costs of the examination against the insurer. The	139344
superintendent may enter into consent agreements to impose	139345
administrative assessments or fines for conduct discovered that	139346
may be violations of statutes or rules administered by the	139347
superintendent. All costs, assessments, or fines collected shall	139348
be deposited to the credit of the Department of Insurance	139349
Operating Fund (Fund 5540).	139350

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

139351

The Director of Budget and Management, at the request of the	139352
Superintendent of Insurance, may transfer funds from the	139353
Department of Insurance Operating Fund (Fund 5540), established by	139354
section 3901.021 of the Revised Code, to the Superintendent's	139355
Examination Fund (Fund 5550), established by section 3901.071 of	139356
the Revised Code, only for expenses incurred in examining domestic	139357
fraternal benefit societies as required by section 3921.28 of the	139358
Revised Code.	139359

TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND

139360

Not later than the thirty-first day of July each fiscal year,	139361
the Director of Budget and Management shall transfer $5,000,000	139362
from the Department of Insurance Operating Fund (Fund 5540) to the	139363
General Revenue Fund.	139364

Section 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

139365

General Revenue Fund	139366

GRF	600321	Support Services					139367
		State	$	34,801,760	$	31,932,117	139368
		Federal	$	9,322,222	$	9,207,441	139369
		Support Services Total	$	44,123,982	$	41,139,558	139370
GRF	600410	TANF State	$	151,386,934	$	151,386,934	139371
GRF	600413	Child Care Match/Maintenance of Effort	$	84,732,730	$	84,732,730	139372
GRF	600416	Computer Projects					139373
		State	$	67,955,340	$	69,263,506	139374
		Federal	$	13,105,167	$	12,937,222	139375
		Computer Projects Total	$	81,060,507	$	82,200,728	139376
GRF	600417	Medicaid Provider Audits	$	1,312,992	$	1,312,992	139377
GRF	600420	Child Support Administration	$	6,163,534	$	6,065,588	139378
GRF	600421	Office of Family Stability	$	3,768,929	$	3,757,493	139379
GRF	600423	Office of Children and Families	$	5,123,406	$	4,978,756	139380
GRF	600425	Office of Ohio Health Plans					139381
		State	$	13,149,582	$	15,740,987	139382
		Federal	$	12,556,921	$	12,286,234	139383
		Office of Ohio Health Plans Total	$	25,706,503	$	28,027,221	139384
GRF	600502	Administration - Local	$	23,814,103	$	23,814,103	139385
GRF	600511	Disability Financial Assistance	$	26,599,666	$	27,108,734	139386
GRF	600521	Entitlement Administration - Local	$	72,200,721	$	72,200,721	139387
GRF	600523	Children and Families Services	$	53,605,323	$	53,105,323	139388
GRF	600525	Health Care/Medicaid					139389
		State	$	4,313,761,372	$	4,689,051,017	139390
		Federal	$	7,530,008,024	$	8,429,762,527	139391
		Health Care Total	$	11,843,769,396	$	13,118,813,544	139392
GRF	600526	Medicare Part D	$	277,996,490	$	296,964,743	139393
GRF	600528	Adoption Services					139394
		State	$	29,257,932	$	29,257,932	139395
		Federal	$	41,085,169	$	41,085,169	139396
		Adoption Services Total	$	70,343,101	$	70,343,101	139397
GRF	600533	Child, Family, and Adult Community & Protective Services	$	13,500,000	$	13,500,000	139398
GRF	600534	Adult Protective Services	$	366,003	$	366,003	139399
GRF	600535	Early Care and Education	$	123,596,474	$	123,596,474	139400
GRF	600537	Children's Hospital	$	6,000,000	$	6,000,000	139401
GRF	600540	Second Harvest Food Banks	$	4,000,000	$	4,000,000	139402
GRF	600541	Kinship Permanency Incentive Program	$	2,500,000	$	3,500,000	139403
TOTAL GRF General Revenue Fund							139404
		State	$	5,315,593,291	$	5,711,636,153	139405
		Federal	$	7,606,077,503	$	8,505,278,593	139406
		GRF Total	$	12,921,670,794	$	14,216,914,746	139407

General Services Fund Group	139408

4A80	600658	Public Assistance Activities	$	34,000,000	$	34,000,000	139409
5C90	600671	Medicaid Program Support	$	85,800,878	$	82,839,266	139410
5DL0	600639	Medicaid Revenue and Collections	$	89,256,974	$	84,156,974	139411
5DM0	600633	Administration & Operating	$	20,392,173	$	19,858,928	139412
5FX0	600638	Medicaid Payment Withholding	$	5,000,000	$	6,000,000	139413
5HL0	600602	State and County Shared services	$	3,020,000	$	3,020,000	139414
5P50	600692	Prescription Drug Rebate - State	$	220,600,000	$	242,600,000	139415
6130	600645	Training Activities	$	500,000	$	500,000	139416
TOTAL GSF General Services							139417
Fund Group			$	458,570,025	$	472,975,168	139418

Federal Special Revenue Fund Group	139419

3270	600606	Child Welfare	$	29,769,865	$	29,769,866	139420
3310	600686	Federal Operating	$	49,128,140	$	48,203,023	139421
3840	600610	Food Assistance and State Administration	$	180,381,394	$	180,381,394	139422
3850	600614	Refugee Services	$	11,582,440	$	12,564,952	139423
3950	600616	Special Activities/Child and Family Services	$	2,259,264	$	2,259,264	139424
3960	600620	Social Services Block Grant	$	64,999,999	$	64,999,998	139425
3970	600626	Child Support	$	255,812,837	$	255,813,528	139426
3980	600627	Adoption Maintenance/ Administration	$	352,183,862	$	352,184,253	139427
3A20	600641	Emergency Food Distribution	$	5,000,000	$	5,000,000	139428
3AW0	600675	Faith Based Initiatives	$	544,140	$	544,140	139429
3D30	600648	Children's Trust Fund Federal	$	2,040,524	$	2,040,524	139430
3ER0	600603	Health Information Technology	$	411,661,286	$	416,395,286	139431
3F00	600623	Health Care Federal	$	2,637,061,505	$	2,720,724,869	139432
3F00	600650	Hospital Care Assurance Match	$	372,784,046	$	380,645,627	139433
3FA0	600680	Ohio Health Care Grants	$	9,405,000	$	20,000,000	139434
3G50	600655	Interagency Reimbursement	$	1,621,305,787	$	1,380,391,478	139435
3H70	600617	Child Care Federal	$	208,290,036	$	204,813,731	139436
3N00	600628	IV-E Foster Care Maintenance	$	133,963,142	$	133,963,142	139437
3S50	600622	Child Support Projects	$	534,050	$	534,050	139438
3V00	600688	Workforce Investment Act	$	176,496,250	$	172,805,562	139439
3V40	600678	Federal Unemployment Programs	$	188,680,096	$	186,723,415	139440
3V40	600679	Unemployment Compensation Review Commission - Federal	$	4,166,988	$	4,068,758	139441
3V60	600689	TANF Block Grant	$	727,968,260	$	727,968,260	139442
TOTAL FED Federal Special Revenue							139443
Fund Group			$	7,446,018,911	$	7,302,795,120	139444

State Special Revenue Fund Group	139445

1980	600647	Children's Trust Fund	$	5,873,637	$	5,873,848	139446
4A90	600607	Unemployment Compensation Administration Fund	$	21,924,998	$	21,424,998	139447
4A90	600694	Unemployment Compensation Review Commission	$	2,173,167	$	2,117,031	139448
4E30	600605	Nursing Home Assessments	$	2,878,320	$	2,878,319	139449
4E70	600604	Child and Family Services Collections	$	400,000	$	400,000	139450
4F10	600609	Children and Family Services Activities	$	683,359	$	683,549	139451
4K10	600621	ICF/MR Bed Assessments	$	41,405,596	$	44,372,874	139452
4Z10	600625	HealthCare Compliance	$	11,551,076	$	14,582,000	139453
5AJ0	600631	Money Follows the Person	$	5,483,080	$	4,733,080	139454
5DB0	600637	Military Injury Grants	$	2,000,000	$	2,000,000	139455
5DP0	600634	Adoption Assistance Loan	$	500,000	$	500,000	139456
5ES0	600630	Food Assistance	$	500,000	$	500,000	139457
5GF0	600656	Medicaid - Hospital	$	436,000,000	$	436,000,000	139458
5KC0	600682	Health Care Special Activities	$	10,000,000	$	10,000,000	139459
5R20	600608	Medicaid-Nursing Facilities	$	402,489,308	$	407,100,746	139460
5S30	600629	MR/DD Medicaid Administration and Oversight	$	9,252,738	$	9,147,791	139461
5U30	600654	Health Care Services Administration	$	24,400,000	$	24,400,000	139462
5U60	600663	Children and Family Support	$	4,000,000	$	4,000,000	139463
6510	600649	Hospital Care Assurance Program Fund	$	212,526,123	$	217,008,050	139464
TOTAL SSR State Special Revenue							139465
Fund Group			$	1,194,041,402	$	1,207,722,286	139466

Agency Fund Group	139467

1920	600646	Support Intercept - Federal	$	130,000,000	$	130,000,000	139468
5830	600642	Support Intercept - State	$	16,000,000	$	16,000,000	139469
5B60	600601	Food Assistance Intercept	$	2,000,000	$	2,000,000	139470
TOTAL AGY Agency Fund Group			$	148,000,000	$	148,000,000	139471

Holding Account Redistribution Fund Group	139472

R012	600643	Refunds and Audit Settlements	$	2,200,000	$	2,200,000	139473
R013	600644	Forgery Collections	$	10,000	$	10,000	139474
TOTAL 090 Holding Account Redistribution Fund Group			$	2,210,000	$	2,210,000	139475
TOTAL ALL BUDGET FUND GROUPS			$	22,170,511,132	$	23,350,617,320	139476

Section 309.20. SUPPORT SERVICES

139478

Section 309.20.10. ADMINISTRATION AND OPERATING

139479

On July 1, 2011, or as soon as possible thereafter, the	139480
Director of Budget and Management may transfer up to $535,300 cash	139481
from the TANF Quality Control Reinvestments Fund (Fund 5Z90) to	139482
the Administration and Operating Fund (Fund 5DM0). Upon completion	139483
of the transfer, Fund 5Z90 is abolished.	139484

Of the foregoing appropriation item 600633, Administration	139485
and Operating, the Department of Job and Family Services shall use	139486
up to $535,300 to pay for one-time contract expenses.	139487

Section 309.20.20. TRANSFER TO STATE AND COUNTY SHARED	139488
SERVICES FUND	139489

Within thirty days of the effective date of this act, or as	139490
soon as possible thereafter, the Director of Budget and Management	139491
shall transfer the unencumbered cash balance in the County	139492
Technologies Fund (Fund 5N10) to the State and County Shared	139493
Services Fund (Fund 5HL0). The transferred cash is hereby	139494
appropriated.	139495

Section 309.20.30. AGENCY FUND GROUP

139496

The Agency Fund Group and Holding Account Redistribution Fund	139497
Group shall be used to hold revenues until the appropriate fund is	139498
determined or until the revenues are directed to the appropriate	139499
governmental agency other than the Department of Job and Family	139500
Services. If receipts credited to the Support Intercept – Federal	139501
Fund (Fund 1920), the Support Intercept – State Fund (Fund 5830),	139502
the Food Stamp Offset Fund (Fund 5B60), the Refunds and Audit	139503
Settlements Fund (Fund R012), or the Forgery Collections Fund	139504
(Fund R013) exceed the amounts appropriated from the fund, the	139505
Director of Job and Family Services may request the Director of	139506
Budget and Management to authorize expenditures from the fund in	139507
excess of the amounts appropriated. Upon the approval of the	139508
Director of Budget and Management, the additional amounts are	139509
hereby appropriated.	139510

Section 309.30. MEDICAID

139511

Section 309.30.10. HEALTH CARE/MEDICAID

139512

The foregoing appropriation item 600525, Health	139513
Care/Medicaid, shall not be limited by section 131.33 of the	139514
Revised Code.	139515

Section 309.30.13. MEDICAID RESERVE FUND

139516

There is hereby created in the state treasury the Medicaid	139517
Reserve Fund. The Director of Budget and Management may transfer	139518
up to $129,113,790 cash from the General Revenue Fund to the	139519
Medicaid Reserve Fund during the FY 2012-FY 2013 biennium. Money	139520
in the fund may be used for the Medicaid Program upon request of	139521
the Director of Job and Family Services and approval of the	139522
Director of Budget and Management. As necessary, the Director of	139523
Budget and Management is authorized to transfer cash from the	139524
Medicaid Reserve Fund to the General Revenue Fund. Appropriations	139525
in appropriation item 600525, Health Care/Medicaid, shall be	139526
increased by the amounts of such transfers and corresponding	139527
federal matching funds. Such amounts are hereby appropriated.	139528

Section 309.30.20. UNIFIED LONG TERM CARE

139529

The foregoing appropriation item 600525, Health	139530
Care/Medicaid, may be used to provide the preadmission screening	139531
and resident review (PASRR), which includes screening,	139532
assessments, and determinations made under sections 5111.204,	139533
5119.061, and 5123.021 of the Revised Code.	139534

The foregoing appropriation item 600525, Health	139535
Care/Medicaid, may be used to assess and provide long-term care	139536
consultations under section 173.42 of the Revised Code to clients	139537
regardless of Medicaid eligibility.	139538

The foregoing appropriation item 600525, Health	139539
Care/Medicaid, may be used to provide nonwaiver funded PASSPORT	139540
and assisted living services to persons who the state department	139541
has determined to be eligible to participate in the nonwaiver	139542
funded PASSPORT and assisted living programs, who applied for but	139543
have not yet been determined to be financially eligible to	139544
participate in the Medicaid waiver component of the PASSPORT Home	139545
Care Program or the Assisted Living Program by a county department	139546
of job and family services, and to persons who are not eligible	139547
for Medicaid but were enrolled in the PASSPORT Program prior to	139548
July 1, 1990.	139549

The foregoing appropriation item 600525, Health	139550
Care/Medicaid, shall be used to provide the required state match	139551
for federal Medicaid funds supporting the Medicaid waiver-funded	139552
PASSPORT Home Care Program, the Choices Program, the Assisted	139553
Living Program, and the PACE Program.	139554

The foregoing appropriation item 600525, Health	139555
Care/Medicaid, shall be used to provide the federal matching share	139556
of program costs determined by the Department of Job and Family	139557
Services to be eligible for Medicaid reimbursement for the	139558
Medicaid waiver-funded PASSPORT Home Care Program, the Choices	139559
Program, the Assisted Living Program, and the PACE Program.	139560

Section 309.30.21. ESTIMATED EXPENDITURES FOR PASSPORT,	139561
CHOICES, ASSISTED LIVING, AND PACE PROGRAMS	139562

(A) Of the funds appropriated to the Department of Job and	139563
Family Services for health care services, it is estimated that	139564
$618,772,607 in fiscal year 2012 and $662,261,174 in fiscal year	139565
2013 will be expended on the Medicaid waiver-funded PASSPORT Home	139566
Care Program, the Choices Program, the Assisted Living Program,	139567
and the PACE Program.	139568

(B) The Department of Job and Family Services and the	139569
Department of Aging shall jointly monitor the expenditures made	139570
under division (A) of this section at regular intervals, and shall	139571
use the following criteria in monitoring such expenditures:	139572

(1) For fiscal year 2012 and fiscal year 2013, per member per	139573
month spending for PASSPORT and Choices services will be provided	139574
at approximately the same levels as provided during fiscal year	139575
2011;	139576

(2) For fiscal year 2012 and fiscal year 2013, per member per	139577
month spending for PASSPORT Administrative Agency case management	139578
functions will be maintained at fiscal year 2011 levels;	139579

(3) For fiscal year 2012, spending for PASSPORT	139580
Administrative Agency site operation functions will be ninety-five	139581
per cent of the level provided in fiscal year 2011. For fiscal	139582
year 2013, spending for PASSPORT Administrative Agency site	139583
operation functions will be ninety-five per cent of the level	139584
provided in fiscal year 2012.	139585

(C) The Department of Job and Family Services and the	139586
Department of Aging shall identify any significant variance in	139587
expenditures from the overall funding levels provided under	139588
divisions (A) and (B) of this section, and shall take corrective	139589
action where variances may adversely affect the delivery of	139590
Medicaid waiver-funded PASSPORT Home Care, Choices, Assisted	139591
Living, and PACE services.	139592

Section 309.30.23. HATTIE LARLHAM COMMUNITY LIVING

139593

Of the foregoing appropriation item 600525, Health	139594
Care/Medicaid, $62,500 in each fiscal year shall be awarded to	139595
Hattie Larlham Community Living.	139596

Section 309.30.30. REDUCTION IN MEDICAID PAYMENT RATES

139597

(A) As used in this section, "charge high trim point" means a	139598
measure, excluding the measure established by paragraph (A)(6) of	139599
rule 5101:3-2-07.9 of the Administrative Code, used to determine	139600
whether a claim for a hospital inpatient service qualifies for a	139601
cost outlier payment under the Medicaid program.	139602

(B) For fiscal year 2012 and fiscal year 2013, the Director	139603
of Job and Family Services shall implement purchasing strategies	139604
and rate reductions for hospital and other Medicaid-covered	139605
services, as determined by the Director, that result in payment	139606
rates for those services being at least two per cent less than the	139607
respective payment rates for fiscal year 2011. In implementing the	139608
purchasing strategies and rate reductions, the Director shall do	139609
the following:	139610

(1) Notwithstanding the section of this act titled	139611
"CONTINUATION OF MEDICAID RATES FOR HOSPITAL INPATIENT AND	139612
OUTPATIENT SERVICES," modernize hospital inpatient and outpatient	139613
reimbursement methodologies by doing the following:	139614

(a) Modifying the inpatient hospital capital reimbursement	139615
methodology;	139616

(b) Establishing new diagnosis-related groups in a	139617
cost-neutral manner;	139618

(c) For hospital discharges that occur during the period	139619
beginning October 1, 2011, and ending January 1, 2012, modifying	139620
charge high trim points, as in effect on January 1, 2011, by a	139621
factor of 13.6%;	139622

(d) For hospital discharges that occur during the period	139623
beginning January 1, 2012, and ending on the effective date of the	139624
first of the new diagnosis-related groups established under	139625
division (B)(1)(b) of this section, modifying charge high trim	139626
points, as in effect on October 1, 2011, by a factor of 9.72%;	139627

(e) Implementing other changes the Director considers	139628
appropriate.	139629

(2) Establish selective contracting and prior authorization	139630
requirements for types of medical assistance the Director	139631
identifies.	139632

(C) The Director shall adopt rules under section 5111.02 and	139633
5111.85 of the Revised Code as necessary to implement this	139634
section.	139635

(D) This section does not apply to nursing facility and	139636
intermediate care facility for the mentally retarded services	139637
provided under the Medicaid program.	139638

Section 309.30.31. FISCAL YEAR 2012 MEDICARE COPAYMENT FOR	139639
DIALYSIS SERVICES PROVIDED TO MEDICAID RECIPIENTS	139640

(A) As used in this section, "dual eligible individual" has	139641
the same meaning as in section 1915(h)(2)(B) of the "Social	139642
Security Act," 124 Stat. 315 (2010), 42 U.S.C. 1396n(h)(2)(B).	139643

(B) Notwithstanding any conflicting provision of section	139644
5111.021 of the Revised Code or any other conflicting provision of	139645
the Revised Code or this act, in fiscal year 2012, for dialysis	139646
services provided to a dual eligible individual, the Department of	139647
Job and Family Services shall pay under the Medicaid program an	139648
amount equal to the Medicare copayment amount that applies to the	139649
service, as that amount was paid by the Department immediately	139650
prior to the effective date of this section.	139651

Section 309.30.32. FISCAL YEAR 2013 MEDICAID RATE FOR	139652
DIALYSIS SERVICES	139653

In fiscal year 2013, the Department of Job and Family	139654
Services may adjust the Medicaid rates that are paid for dialysis	139655
services by an amount sufficient to achieve aggregate savings of	139656
not more than $9 million in state share expenditures under the	139657
Medicaid program. The aggregate savings shall include any savings	139658
that may be achieved through measures taken with regard to	139659
dialysis services under the section of this act titled "REDUCTION	139660
IN MEDICAID PAYMENT RATES.	139661

Section 309.30.33. HOSPITAL INPATIENT AND OUTPATIENT	139662
SUPPLEMENTAL UPPER PAYMENT LIMIT PROGRAM; MEDICAID MANAGED CARE	139663
HOSPITAL INCENTIVE PAYMENT PROGRAM	139664

(A) As used in this section:

139665

(1) "Hospital" has the same meaning as in section 5112.40 of	139666
the Revised Code.	139667

(2) "Hospital Assessment Fund" means the fund created under	139668
section 5112.45 of the Revised Code.	139669

(3) "Medicaid managed care organization" means an entity	139670
under contract pursuant to section 5111.17 of the Revised Code to	139671
provide or arrange services for Medicaid recipients who are	139672
required or permitted to participate in the Medicaid care	139673
management system.	139674

(B) The Department of Job and Family Services shall submit to	139675
the United States Secretary of Health and Human Services a	139676
Medicaid state plan amendment to do both of the following:	139677

(1) Continue the Hospital Inpatient and Outpatient	139678
Supplemental Upper Payment Limit Program that was established	139679
pursuant to Section 309.30.17 of Am. Sub. H.B. 1 of the 128th	139680
General Assembly, with any modifications necessary to implement	139681
the program as described under division (D) of this section;	139682

(2) Create the Medicaid Managed Care Hospital Incentive	139683
Payment Program, as described under division (E) of this section.	139684

(C) Of the amounts deposited into the Hospital Assessment	139685
Fund in fiscal year 2012 and fiscal year 2013:	139686

(1) Up to $432,432,725 (state and federal) in fiscal year	139687
2012 and up to $415,162,388 (state and federal) in fiscal year	139688
2013 shall be used for the Hospital Inpatient and Outpatient	139689
Supplemental Upper Payment Limit Program;	139690

(2) Up to $162,000,000 (state and federal) in each fiscal	139691
year shall be used for the Medicaid Managed Care Hospital	139692
Incentive Payment Program;	139693

(3) Up to $176,021,111 (state and federal) in fiscal year	139694
2012 and up to $195,158,394 (state and federal) in fiscal year	139695
2013 shall be used for the program authorized by the section of	139696
this act titled "CONTINUATION OF MEDICAID RATES FOR HOSPITAL	139697
INPATIENT AND OUTPATIENT SERVICES."	139698

(D)(1) If the Medicaid state plan amendment submitted under	139699
division (B)(1) of this section is approved, the Department shall	139700
implement the Hospital Inpatient and Outpatient Supplemental Upper	139701
Payment Limit Program during fiscal year 2012 and fiscal year	139702
2013. Under the Program, subject to division (D)(2) of this	139703
section, supplemental Medicaid payments shall be made to hospitals	139704
for Medicaid-covered inpatient and outpatient services. The	139705
Department shall make the payments through amounts that are made	139706
available for the Program under division (C) of this section and	139707
any federal financial participation available for the Program.	139708

(2) The Department shall take all actions necessary to cease	139709
implementation of the Program if the United States Secretary	139710
determines that the assessment imposed under section 5112.41 of	139711
the Revised Code is an impermissible healthcare-related tax under	139712
section 1903(w) of the "Social Security Act," 105 Stat. 1793	139713
(1991), 42 U.S.C. 1396b(w), as amended.	139714

(E)(1) If the Medicaid state plan amendment submitted under	139715
division (B)(2) of this section is approved, the Department shall	139716
implement the Medicaid Managed Care Hospital Incentive Payment	139717
Program. The purpose of the Program is to increase access to	139718
hospital services for Medicaid recipients who are enrolled in	139719
Medicaid managed care organizations.	139720

Under the Program, subject to division (E)(3) of this	139721
section, funds shall be provided to Medicaid managed care	139722
organizations, which shall use the funds to increase payments to	139723
hospitals for providing services to Medicaid recipients who are	139724
enrolled in the organizations. The Department shall provide the	139725
funds through amounts that are made available for the Program	139726
under division (C) of this section and any federal financial	139727
participation available for the Program.	139728

(2) Not later than July 1, 2012, the Department shall select	139729
an actuary to conduct a study of the contracted reimbursement	139730
rates between Medicaid managed care organizations and hospitals.	139731
The actuary shall determine if a reduction in the capitation rates	139732
paid to Medicaid managed care organizations in fiscal year 2013 is	139733
appropriate as a result of the contracted reimbursement rates	139734
between the organizations and hospitals. The actuary shall notify	139735
the Department of its determination.	139736

If the actuary determines that a reduction in the capitation	139737
rates paid to Medicaid managed care organizations in fiscal year	139738
2013 will not achieve $22 million in state savings in fiscal year	139739
2013, the state shall receive the difference between what the	139740
actuary determines the state will save and $22 million. The	139741
Department, in consultation with the Ohio Association of Health	139742
Plans and the Ohio Hospital Association, shall establish a	139743
methodology under which the difference is paid equally by Medicaid	139744
managed care organizations and hospitals in this state.	139745

Notwithstanding anything to the contrary specified in	139746
division (E)(3)(b) or (c) of this section, the Medicaid managed	139747
care organizations and hospitals shall pay the amounts determined	139748
under the methodology, unless the Department waives the	139749
requirement to make the payments. The requirement may be waived if	139750
spending for the Medicaid program in fiscal year 2013 is less than	139751
the amount that is budgeted for that fiscal year. If payments are	139752
made, the amount received by the Department shall be deposited	139753
into the state treasury to the credit of the Health Care	139754
Compliance Fund created under section 5111.171 of the Revised	139755
Code.	139756

(3)(a) The Department shall not provide funds to Medicaid	139757
managed care organizations under the Program unless an actuary	139758
selected by the Department certifies that the Program would not	139759
violate the actuarial soundness of the capitation rates paid to	139760
Medicaid managed care organizations.	139761

(b) The Department shall not implement the Program in a	139762
manner that causes a hospital to receive less money from the	139763
Hospital Assessment Fund than the hospital would have received if	139764
the Program were not implemented.	139765

(c) The Department shall not implement the Program in a	139766
manner that causes a Medicaid managed care organization to receive	139767
a lower capitation payment rate solely because funds are made	139768
available to the organization under the Program.	139769

(d) The Department shall take all necessary actions to cease	139770
implementation of the Program if the United States Secretary	139771
determines that the assessment imposed under section 5112.41 of	139772
the Revised Code is an impermissible healthcare-related tax under	139773
section 1903(w) of the "Social Security Act," 105 Stat. 1793	139774
(1991), 42 U.S.C. 1396b(w), as amended.	139775

(F) The Director of Budget and Management may authorize	139776
additional expenditures from appropriation item 600623, Health	139777
Care Federal, appropriation item 600525, Health Care/Medicaid, and	139778
appropriation item 600656, Medicaid-Hospital, in order to	139779
implement the programs authorized by this section and to implement	139780
the section of this act titled "CONTINUATION OF MEDICAID RATES FOR	139781
HOSPITAL INPATIENT AND OUTPATIENT SERVICES." Any amounts	139782
authorized are hereby appropriated.	139783

(G) Nothing in this section reduces payments to children's	139784
hospitals authorized under the section of this act titled	139785
"CHILDREN'S HOSPITALS SUPPLEMENTAL FUNDING."	139786

Section 309.30.35. CONTINUATION OF MEDICAID RATES FOR	139787
HOSPITAL INPATIENT AND OUTPATIENT SERVICES	139788

The Director of Job and Family Services shall amend rules	139789
adopted under section 5111.02 of the Revised Code as necessary to	139790
continue, for fiscal year 2012 and fiscal year 2013, the Medicaid	139791
reimbursement rates in effect on June 30, 2011, for	139792
Medicaid-covered hospital inpatient services and hospital	139793
outpatient services that are paid under the prospective payment	139794
system established in those rules.	139795

Section 309.30.38. CHILDREN'S HOSPITALS SUPPLEMENTAL FUNDING

139796

(A) As used in this section, "children's hospital" means a	139797
children's hospital, as defined in section 3702.51 of the Revised	139798
Code, that is located in this state, primarily serves patients	139799
eighteen years of age and younger, is subject to the Medicaid	139800
prospective payment system for hospitals established in rules	139801
adopted under section 5111.02 of the Revised Code, and is excluded	139802
from Medicare prospective payment in accordance with 42 C.F.R.	139803
412.23(d).	139804

(B) For fiscal year 2012 and fiscal year 2013, the Director	139805
of Job and Family Services shall make additional Medicaid payments	139806
to children's hospitals for inpatient services to compensate	139807
children's hospitals for the high percentage of Medicaid	139808
recipients they serve. The additional payments shall be made under	139809
a program modeled after the program the Department of Job and	139810
Family Services was required to create for fiscal year 2006 and	139811
fiscal year 2007 in Section 206.66.79 of Am. Sub. H.B. 66 of the	139812
126th General Assembly. The program may be the same as the program	139813
the Director used for making the payments to children's hospitals	139814
for fiscal year 2010 and fiscal year 2011 under Section 309.30.15	139815
of Am. Sub. H.B. 1 of the 128th General Assembly.	139816

(C) All of the following shall be used to make additional	139817
Medicaid payments to children's hospitals under division (B) of	139818
this section:	139819

(1) Of the foregoing appropriation item 600537, Children's	139820
Hospital, up to $6 million in each fiscal year plus the	139821
corresponding federal match;	139822

(2) Of the amounts deposited into the Hospital Assessment	139823
Fund created under section 5112.45 of the Revised Code, $4.4	139824
million in fiscal year 2012, plus the corresponding federal match,	139825
and $4 million in fiscal year 2013, plus the corresponding federal	139826
match.	139827

Section 309.30.40. MANAGED CARE PERFORMANCE PAYMENT PROGRAM

139828

At the beginning of each quarter, or as soon as possible	139829
thereafter, the Director of Job and Family Services shall certify	139830
to the Director of Budget and Management the amount withheld in	139831
accordance with section 5111.1711 of the Revised Code for purposes	139832
of the Managed Care Performance Payment Program. Upon receiving	139833
certification, the Director of Budget and Management shall	139834
transfer cash in the amount certified from the General Revenue	139835
Fund to the Managed Care Performance Payment Fund. The transferred	139836
cash is hereby appropriated. Appropriation item 600525, Health	139837
Care/Medicaid, is hereby reduced by the amount of the transfer.	139838

Section 309.30.50. COORDINATION OF CARE FOR COVERED FAMILIES	139839
AND CHILDREN PENDING MEDICAID MANAGED CARE ENROLLMENT	139840

(A) As used in this section, "Medicaid managed care" means	139841
the care management system established under section 5111.16 of	139842
the Revised Code.	139843

(B) The departments of Job and Family Services and Health	139844
shall work together on the issue of achieving efficiencies in the	139845
delivery of medical assistance provided under Medicaid to families	139846
and children.	139847

(C) As part of their work under division (B) of this section,	139848
the departments shall develop a proposal for coordinating medical	139849
assistance provided to families and children under Medicaid while	139850
they wait to be enrolled in Medicaid managed care. In developing	139851
the proposal, the departments may do the following:	139852

(1) Conduct research on the status of families and children	139853
waiting to be enrolled in Medicaid managed care, including	139854
research on the reasons for the wait and the utilization of	139855
medical assistance during the waiting period;	139856

(2) Conduct a review of ways to help families and children	139857
receive medical assistance in the most appropriate setting while	139858
they wait to be enrolled in Medicaid managed care;	139859

(3) Develop recommendations for a coordinated, cost-effective	139860
system of helping families and children waiting to be enrolled in	139861
Medicaid managed care find the medical assistance they need during	139862
the waiting period;	139863

(4) For the purpose of reducing the waiting period for	139864
enrollment in Medicaid managed care, develop recommendations for	139865
improving the enrollment processes.	139866

(D) As part of the work that is done under division (B) of	139867
this section, the Department of Job and Family Services may submit	139868
to the United States Secretary of Health and Human Services a	139869
request for a Medicaid state plan amendment to authorize payment	139870
for Medicaid-reimbursable targeted case management services that	139871
are provided in connection with the Help Me Grow Program and for	139872
services provided under the Program. Each quarter during fiscal	139873
year 2012 and fiscal year 2013 following approval of the Medicaid	139874
state plan amendment, the Department of Job and Family Services	139875
shall certify to the Director of Budget and Management the state	139876
and federal share of the amount the Department of Job and Family	139877
Services has expended that quarter for services under this	139878
section. On receipt of each quarterly certification to the	139879
Director of Budget and Management shall decrease appropriation	139880
from appropriation item 440459, Help Me Grow, an amount equal to	139881
the state share of the certified expenditures and increase	139882
appropriation item 600525, Health Care/Medicaid by an equal amount	139883
and adjust the Federal share accordingly. This transfer is not	139884
intended to reduce General Revenue Funds appropriated for the Help	139885
Me Grow Program, but is done solely for the purpose of drawing	139886
down the federal share of Medicaid reimbursement.	139887

Section 309.30.53. MEDICAID MANAGED CARE EXEMPTIONS

139888

Notwithstanding section 5111.16 of the Revised Code, as	139889
amended by this act, the Department of Job and Family Services	139890
shall not include in the care management system established under	139891
that section in either fiscal year 2012 or fiscal year 2013 any	139892
individual receiving services through the program for medically	139893
handicapped children established under section 3701.023 of the	139894
Revised Code who has one or more of the following conditions and	139895
who was not receiving services through the care management system	139896
immediately before the effective date of this section:	139897

(1) Cystic fibrosis;

139898

(2) Hemophilia;

139899

(3) Cancer.

139900

Section 309.30.55. PRIOR AUTHORIZATION FOR COMMUNITY MENTAL	139901
HEALTH SERVICES	139902

(A) As used in this section, "community mental health	139903
services" means mental health services included in the state	139904
Medicaid plan pursuant to section 5111.023 of the Revised Code.	139905

(B) For fiscal year 2012 and fiscal year 2013, a Medicaid	139906
recipient who is under twenty-one years of age automatically	139907
satisfies all requirements for any prior authorization process for	139908
community mental health services provided under a component of the	139909
Medicaid program administered by the Department of Mental Health	139910
pursuant to an interagency agreement authorized by section 5111.91	139911
of the Revised Code if any of the following apply to the	139912
recipient:	139913

(1) The recipient is in the temporary custody or permanent	139914
custody of a public children services agency or private child	139915
placing agency or is in a planned permanent living arrangement.	139916

(2) The recipient has been placed in protective supervision	139917
by a juvenile court.	139918

(3) The recipient has been committed to the Department of	139919
Youth Services.	139920

(4) The recipient is an alleged or adjudicated delinquent or	139921
unruly child receiving services under the Felony Delinquent Care	139922
and Custody Program operated under section 5139.43 of the Revised	139923
Code.	139924

Section 309.30.60. FISCAL YEAR 2012 MEDICAID REIMBURSEMENT	139925
SYSTEM FOR NURSING FACILITIES	139926

(A) As used in this section:

139927

"Franchise permit fee," "Medicaid days," "nursing facility,"	139928
and "provider" have the same meanings as in section 5111.20 of the	139929
Revised Code.	139930

"Nursing facility services" means nursing facility services	139931
covered by the Medicaid program that a nursing facility provides	139932
to a resident of the nursing facility who is a Medicaid recipient	139933
eligible for Medicaid-covered nursing facility services.	139934

(B) Except as otherwise provided by this section, the	139935
provider of a nursing facility that has a valid Medicaid provider	139936
agreement on June 30, 2011, and a valid Medicaid provider	139937
agreement during fiscal year 2012 shall be paid, for nursing	139938
facility services the nursing facility provides during fiscal year	139939
2012, the rate calculated for the nursing facility under sections	139940
5111.20 to 5111.331 of the Revised Code with the following	139941
adjustments:	139942

(1) For the purpose of determining the nursing facility's	139943
rate for direct care costs under section 5111.231 of the Revised	139944
Code, the nursing facility's semiannual case-mix score for the	139945
period beginning July 1, 2011, and ending January 1, 2012, shall	139946
be the same as the semiannual case-mix score, as determined under	139947
section 5111.232 of the Revised Code, used in calculating the	139948
nursing facility's June 30, 2011, rate for direct care costs.	139949

(2) The cost per case mix-unit calculated under section	139950
5111.231 of the Revised Code, the rate for ancillary and support	139951
costs calculated under section 5111.24 of the Revised Code, the	139952
rate for tax costs calculated under section 5111.242 of the	139953
Revised Code, and the rate for capital costs calculated under	139954
section 5111.25 of the Revised Code shall each be increased by	139955
5.08 per cent.	139956

(3) The per resident per day rate paid under section 5111.243	139957
of the Revised Code for the franchise permit fee shall be $11.47.	139958

(4) The mean payment used in the calculation of the quality	139959
incentive payment made under section 5111.244 of the Revised Code	139960
shall be, weighted by Medicaid days, $3.03 per Medicaid day.	139961

(C) If the rate determined for a nursing facility under	139962
division (B) of this section for nursing facility services	139963
provided during fiscal year 2012 is less than 90 per cent of the	139964
rate the provider is paid for nursing facility services the	139965
nursing facility provides on June 30, 2011, the Department of Job	139966
and Family Services, except as provided in division (D) of this	139967
section, shall provide for the nursing facility's rate for fiscal	139968
year 2012 to be the percentage determined as follows less than its	139969
June 30, 2011, rate:	139970

(1) Determine the percentage difference between the nursing	139971
facility's June 30, 2011, rate and the rate determined for the	139972
nursing facility under division (B) of this section;	139973

(2) Reduce the percentage determined under division (C)(1) of	139974
this section by ten percentage points;	139975

(3) Divide the percentage determined under division (C)(2) of	139976
this section by two;	139977

(4) Increase the percentage determined under division (C)(3)	139978
of this section by ten percentage points.	139979

(D) If the franchise permit fee must be reduced or eliminated	139980
to comply with federal law, the Department of Job and Family	139981
Services shall reduce the amount it pays providers of nursing	139982
facility services under this section as necessary to reflect the	139983
loss to the state of the revenue and federal financial	139984
participation generated from the franchise permit fee.	139985

(E) The Department of Job and Family Services shall follow	139986
this section in determining the rate to be paid to the provider of	139987
a nursing facility that has a valid Medicaid provider agreement on	139988
June 30, 2011, and a valid Medicaid provider agreement during	139989
fiscal year 2012 notwithstanding anything to the contrary in	139990
sections 5111.20 to 5111.331 of the Revised Code.	139991

Section 309.30.70. FISCAL YEAR 2013 MEDICAID REIMBURSEMENT	139992
SYSTEM FOR NURSING FACILITIES	139993

(A) As used in this section:

139994

"Franchise permit fee," "Medicaid days," "nursing facility,"	139995
and "provider" have the same meanings as in section 5111.20 of the	139996
Revised Code.	139997

"Low resource utilization resident" means a Medicaid	139998
recipient residing in a nursing facility who, for purposes of	139999
calculating the nursing facility's Medicaid reimbursement rate for	140000
direct care costs, is placed in either of the two lowest resource	140001
utilization groups, excluding any resource utilization group that	140002
is a default group used for residents with incomplete assessment	140003
data.	140004

"Nursing facility services" means nursing facility services	140005
covered by the Medicaid program that a nursing facility provides	140006
to a resident of the nursing facility who is a Medicaid recipient	140007
eligible for Medicaid-covered nursing facility services.	140008

(B) Except as otherwise provided by this section, the	140009
provider of a nursing facility that has a valid Medicaid provider	140010
agreement on June 30, 2012, and a valid Medicaid provider	140011
agreement during fiscal year 2013 shall be paid, for nursing	140012
facility services the nursing facility provides during fiscal year	140013
2013, the rate calculated for the nursing facility under sections	140014
5111.20 to 5111.331 of the Revised Code with the following	140015
adjustments:	140016

(1) The cost per case mix-unit calculated under section	140017
5111.231 of the Revised Code, the rate for ancillary and support	140018
costs calculated under section 5111.24 of the Revised Code, the	140019
rate for tax costs calculated under section 5111.242 of the	140020
Revised Code, and the rate for capital costs calculated under	140021
section 5111.25 of the Revised Code shall each be increased by	140022
5.08 per cent;	140023

(2) The maximum quality incentive payment made under section	140024
5111.244 of the Revised Code shall be $16.44 per Medicaid day.	140025

(C) The rate determined under division (B) of this section	140026
shall not be paid for nursing facility services provided to low	140027
resource utilization residents. Except as provided in division (D)	140028
of this section, the provider of a nursing facility that has a	140029
valid Medicaid provider agreement on June 30, 2012, and a valid	140030
Medicaid provider agreement during fiscal year 2013 shall be paid,	140031
for nursing facility services the nursing facility provides during	140032
fiscal year 2013 to low resource utilization residents, $130.00	140033
per Medicaid day.	140034

(D) If the franchise permit fee must be reduced or eliminated	140035
to comply with federal law, the Department of Job and Family	140036
Services shall reduce the amount it pays providers of nursing	140037
facility services under this section as necessary to reflect the	140038
loss to the state of the revenue and federal financial	140039
participation generated from the franchise permit fee.	140040

(E) The Department of Job and Family Services shall follow	140041
this section in determining the rate to be paid to the provider of	140042
a nursing facility that has a valid Medicaid provider agreement on	140043
June 30, 2012, and a valid Medicaid provider agreement during	140044
fiscal year 2013 notwithstanding anything to the contrary in	140045
sections 5111.20 to 5111.331 of the Revised Code.	140046

Section 309.30.73. JOINT LEGISLATIVE COMMITTEE FOR UNIFIED	140047
LONG-TERM SERVICES AND SUPPORTS	140048

(A) There is hereby created the Joint Legislative Committee	140049
for Unified Long-Term Services and Supports. The Committee shall	140050
consist of the following members:	140051

(1) Two members of the House of Representatives from the	140052
majority party, appointed by the Speaker of the House of	140053
Representatives;	140054

(2) One member of the House of Representatives from the	140055
minority party, appointed by the Speaker of the House of	140056
Representatives;	140057

(3) Two members of the Senate from the majority party,	140058
appointed by the President of the Senate;	140059

(4) One member of the Senate from the minority party,	140060
appointed by the President of the Senate.	140061

(B) The Speaker of the House of Representatives shall	140062
designate one of the members of the Committee appointed under	140063
division (A)(1) of this section to serve as co-chairperson of the	140064
Committee. The President of the Senate shall designate one of the	140065
members of the Committee appointed under division (A)(3) of this	140066
section to serve as the other co-chairperson of the Committee. The	140067
Committee shall meet at the call of the co-chairpersons. The	140068
co-chairpersons may request assistance for the Committee from the	140069
Legislative Service Commission.	140070

140071

(1) The implementation of the dual eligible integrated care	140072
demonstration project authorized by section 5111.981 of the	140073
Revised Code;	140074

(2) The implementation of a unified long-term services and	140075
support Medicaid waiver component under section 5111.864 of the	140076
Revised Code;	140077

(3) Providing consumers choices regarding a continuum of	140078
services that meet their health-care needs, promote autonomy and	140079
independence, and improve quality of life;	140080

(4) Ensuring that long-term care services and supports are	140081
delivered in a cost effective and quality manner;	140082

(5) Subjecting county homes, county nursing homes, and	140083
district homes operated pursuant to Chapter 5155. of the Revised	140084
Code to the franchise permit fee under sections 3721.50 to 3721.58	140085
of the Revised Code;	140086

(6) Other issues of interest to the committee.

140087

(D) The co-chairpersons of the Committee shall provide for	140088
the Director of the Office of Ohio Health Plans in the Department	140089
of Job and Family Services to testify before the Committee not	140090
later than September 30, 2011, and at least quarterly thereafter	140091
regarding the issues that the Committee examines.	140092

Section 309.30.80. STUDY OF ICF/MR ISSUES

140093

(A) As used in this section:

140094

"Home and community-based services" has the same meaning as	140095
in section 5123.01 of the Revised Code.	140096

"ICF/MR" means an intermediate care facility for the mentally	140097
retarded as defined in section 5111.20 of the Revised Code.	140098

"ICF/MR services" means services covered by the Medicaid	140099
program that an ICF/MR provides to a Medicaid recipient eligible	140100
for the services.	140101

(B) The Departments of Job and Family Services and	140102
Developmental Disabilities shall study issues regarding Medicaid	140103
reimbursement for ICF/MR services. In conducting the study, the	140104
Departments shall examine the following:	140105

(1) Revising the Individual Assessment Form Answer Sheet in a	140106
manner that provides a more accurate assessment of the acuity and	140107
care needs of individuals who need ICF/MR services, especially the	140108
acuity and care needs of such individuals who have intensive	140109
behavioral or medical needs;	140110

(2) Revising the Medicaid reimbursement formula for ICF/MR	140111
services to accomplish the following:	140112

(a) Ensure that reimbursement for capital costs is adequate	140113
for maintaining the capital assets of ICFs/MR in a manner that	140114
promotes the well-being of the residents;	140115

(b) Provide capital incentives for reducing the capacity of	140116
ICFs/MR as necessary to achieve goals regarding the optimal	140117
capacity of ICFs/MR;	140118

(c) Ensure that wages paid individuals who provide direct	140119
care services to ICF/MR residents are sufficient for ICFs/MR to	140120
meet staffing and quality requirements;	140121

(d) Provide incentives for high quality services;

140122

(e) Achieve other goals developed for the purpose of	140123
improving the appropriateness and sufficiency of Medicaid	140124
reimbursements for ICF/MR services.	140125

(C) The Departments shall examine the issue of revising the	140126
Individual Assessment Form Answer Sheet before examining the issue	140127
of revising the Medicaid reimbursement formula for ICF/MR	140128
services. The Departments shall prepare a report of the study	140129
conducted under this section and submit the report to the Governor	140130
and, in accordance with section 101.68 of the Revised Code, the	140131
General Assembly.	140132

(D) At the same time that the Departments conduct the study	140133
under this section, they shall work with the Governor's Office of	140134
Health Transformation and persons interested in the issue of	140135
ICF/MR services to develop recommendations regarding the	140136
following:	140137

(1) Goals regarding the ratio of home and community-based	140138
services and ICF/MR services provided under the Medicaid program	140139
that take into account goals regarding the optimal capacity of	140140
ICFs/MR;	140141

(2) The roles and responsibilities of both of the following:

140142

(a) ICFs/MR owned and operated by the Department of	140143
Developmental Disabilities;	140144

(b) Providers of home and community-based services.

140145

(3) Simplifying and eliminating duplicate regulations	140146
regarding ICFs/MR in a manner that lowers the cost of ICF/MR	140147
services.	140148

Section 309.30.90. FISCAL YEAR 2012 MEDICAID REIMBURSEMENT	140149
SYSTEM FOR ICFs/MR	140150

(A) As used in this section:

140151

"Capped per diem rate" means the per diem rate calculated for	140152
an ICF/MR under division (D) of this section.	140153

"Change of operator," "entering operator," and "exiting	140154
operator" have the same meanings as in section 5111.65 of the	140155
Revised Code.	140156

"Franchise permit fee" and "provider" have the same meanings	140157
as in section 5111.20 of the Revised Code.	140158

"ICF/MR" means an intermediate care facility for the mentally	140159
retarded as defined in section 5111.20 of the Revised Code.	140160

"ICF/MR services" means services covered by the Medicaid	140161
program that an ICF/MR provides to a Medicaid recipient eligible	140162
for the services.	140163

"Medicaid days" means all days during which a resident who is	140164
a Medicaid recipient occupies a bed in an ICF/MR that is included	140165
in the ICF/MR's Medicaid-certified capacity. Therapeutic or	140166
hospital leave days for which payment is made under section	140167
5111.33 of the Revised Code are considered Medicaid days	140168
proportionate to the percentage of the ICF/MR's per resident per	140169
day rate paid for those days.	140170

"Modified per diem rate" means the per diem rate calculated	140171
for an ICF/MR under division (C) of this section.	140172

"Unmodified per diem rate" means the per diem rate calculated	140173
for an ICF/MR under sections 5111.20 to 5111.331 of the Revised	140174
Code.	140175

(B) This section applies to each provider of an ICF/MR to	140176
which either of the following applies:	140177

(1) The provider has a valid Medicaid provider agreement for	140178
the ICF/MR on June 30, 2011, and a valid Medicaid provider	140179
agreement for the ICF/MR during fiscal year 2012.	140180

(2) The ICF/MR undergoes a change of operator that takes	140181
effect during fiscal year 2012, the exiting operator has a valid	140182
Medicaid provider agreement for the ICF/MR on the day immediately	140183
preceding the effective date of the change of operator, and the	140184
entering operator has a valid Medicaid provider agreement for the	140185
ICF/MR during fiscal year 2012.	140186

(C) An ICF/MR's total modified per diem rate for fiscal year	140187
2012 shall be the ICF/MR's total unmodified per diem rate for that	140188
fiscal year with the following modifications:	140189

(1) In place of the inflation adjustment otherwise made under	140190
section 5111.235 of the Revised Code, the ICF/MR's desk-reviewed,	140191
actual, allowable, per diem other protected costs, excluding the	140192
franchise permit fee, from calendar year 2010 shall be multiplied	140193
by 1.0123.	140194

(2) In place of the maximum cost per case-mix unit	140195
established for the ICF/MR's peer group under division (B)(2) of	140196
section 5111.23 of the Revised Code, the ICF/MR's maximum costs	140197
per case-mix unit shall be the following:	140198

(a) In the case of an ICF/MR with more than eight beds,	140199
$108.21;	140200

(b) In the case of an ICF/MR with eight or fewer beds,	140201
$102.21.	140202

(3) In place of the inflation adjustment otherwise calculated	140203
under division (B)(3) of section 5111.23 of the Revised Code for	140204
the purpose of division (C)(2) of that section, an inflation	140205
adjustment of 1.0123 shall be used.	140206

(4) In place of the maximum rate for indirect care costs	140207
established for the ICF/MR's peer group under division (B) of	140208
section 5111.241 of the Revised Code, the maximum rate for	140209
indirect care costs for the ICF/MR's peer group shall be the	140210
following:	140211

(a) In the case of an ICF/MR with more than eight beds,	140212
$68.98;	140213

(b) In the case of an ICF/MR with eight or fewer beds,	140214
$59.60.	140215

(5) In place of the inflation adjustment otherwise calculated	140216
under division (C)(1) of section 5111.241 of the Revised Code for	140217
the purpose of division (A)(1) of that section only, an inflation	140218
adjustment of 1.0123 shall be used.	140219

(6) In place of the efficiency incentive otherwise calculated	140220
under division (A)(2) of section 5111.241 of the Revised Code, the	140221
ICF/MR's efficiency incentive for indirect care costs shall be the	140222
following:	140223

(a) In the case of an ICF/MR with more than eight beds,	140224
$3.69;	140225

(b) In the case of an ICF/MR with eight or fewer beds, $3.19.

140226

(7) The ICF/MR's efficiency incentive for capital costs, as	140227
determined under division (B) of section 5111.251 of the Revised	140228
Code, shall be reduced by 50 per cent.	140229

(D) An ICF/MR's total capped per diem rate for fiscal year	140230
2012 shall be the ICF/MR's total unmodified per diem rate for that	140231
fiscal year reduced by the percentage by which the mean total	140232
unmodified per diem rates for all ICFs/MR in this state for fiscal	140233
year 2012, weighted by May 2011 Medicaid days and calculated as of	140234
July 1, 2011, exceeds $282.59.	140235

(E) Except as otherwise provided by this section, the	140236
provider of an ICF/MR to which this section applies shall be paid,	140237
for ICF/MR services the ICF/MR provides during fiscal year 2012, a	140238
total per diem rate determined as follows:	140239

(1) Add the ICF/MR's total modified per diem rate to the	140240
ICF/MR's total capped per diem rate;	140241

(2) Divide the amount determined under division (E)(1) of	140242
this section by two.	140243

(F) If the mean total per diem rate for all ICFs/MR to which	140244
this section applies, weighted by May 2011 Medicaid days and	140245
determined under division (E) of this section as of July 1, 2011,	140246
is other than $282.59, the Department of Job and Family Services	140247
shall adjust, for fiscal year 2012, the total per diem rate for	140248
each ICF/MR to which this section applies by a percentage that is	140249
equal to the percentage by which the mean total per diem rate is	140250
greater or less than $282.59.	140251

(G) If the United States Centers for Medicare and Medicaid	140252
Services requires that the franchise permit fee be reduced or	140253
eliminated, the Department of Job and Family Services shall reduce	140254
the amount it pays providers of ICF/MR services under this section	140255
as necessary to reflect the loss to the state of the revenue and	140256
federal financial participation generated from the franchise	140257
permit fee.	140258

(H) The Department of Job and Family Services shall follow	140259
this section in determining the rate to be paid providers of	140260
ICF/MR services subject to this section notwithstanding anything	140261
to the contrary in sections 5111.20 to 5111.331 of the Revised	140262
Code.	140263

Section 309.33.10. FISCAL YEAR 2013 MEDICAID REIMBURSEMENT	140264
SYSTEM FOR ICFs/MR	140265

(A) As used in this section:

140266

"Capped per diem rate" means the per diem rate calculated for	140267
an ICF/MR under division (D) of this section.	140268

"Change of operator," "entering operator," and "exiting	140269
operator" have the same meanings as in section 5111.65 of the	140270
Revised Code.	140271

"Franchise permit fee" and "provider" have the same meanings	140272
as in section 5111.20 of the Revised Code.	140273

"ICF/MR" means an intermediate care facility for the mentally	140274
retarded as defined in section 5111.20 of the Revised Code.	140275

"ICF/MR services" means services covered by the Medicaid	140276
program that an ICF/MR provides to a Medicaid recipient eligible	140277
for the services.	140278

"Medicaid days" means all days during which a resident who is	140279
a Medicaid recipient occupies a bed in an ICF/MR that is included	140280
in the ICF/MR's Medicaid-certified capacity. Therapeutic or	140281
hospital leave days for which payment is made under section	140282
5111.33 of the Revised Code are considered Medicaid days	140283
proportionate to the percentage of the ICF/MR's per resident per	140284
day rate paid for those days.	140285

"Modified per diem rate" means the per diem rate calculated	140286
for an ICF/MR under division (C) of this section.	140287

"Unmodified per diem rate" means the per diem rate calculated	140288
for an ICF/MR under sections 5111.20 to 5111.331 of the Revised	140289
Code.	140290

(B) This section applies to each provider of an ICF/MR to	140291
which either of the following applies:	140292

(1) The provider has a valid Medicaid provider agreement for	140293
the ICF/MR on June 30, 2012, and a valid Medicaid provider	140294
agreement for the ICF/MR during fiscal year 2013.	140295

(2) The ICF/MR undergoes a change of operator that takes	140296
effect during fiscal year 2013, the exiting operator has a valid	140297
Medicaid provider agreement for the ICF/MR on the day immediately	140298
preceding the effective date of the change of operator, and the	140299
entering operator has a valid Medicaid provider agreement for the	140300
ICF/MR during fiscal year 2013.	140301

(C) An ICF/MR's total modified per diem rate for fiscal year	140302
2013 shall be the ICF/MR's total unmodified per diem rate for that	140303
fiscal year with the following modifications:	140304

(1) In place of the inflation adjustment otherwise made under	140305
section 5111.235 of the Revised Code, the ICF/MR's desk-reviewed,	140306
actual, allowable, per diem other protected costs, excluding the	140307
franchise permit fee, from calendar year 2011 shall be multiplied	140308
by 1.0123.	140309

(2) In place of the maximum cost per case-mix unit	140310
established for the ICF/MR's peer group under division (B)(2) of	140311
section 5111.23 of the Revised Code, the ICF/MR's maximum costs	140312
per case-mix unit shall be the following:	140313

(a) In the case of an ICF/MR with more than eight beds,	140314
$108.21;	140315

(b) In the case of an ICF/MR with eight or fewer beds,	140316
$102.21.	140317

(3) In place of the inflation adjustment otherwise calculated	140318
under division (B)(3) of section 5111.23 of the Revised Code for	140319
the purpose of division (C)(2) of that section, an inflation	140320
adjustment of 1.0123 shall be used.	140321

(4) In place of the maximum rate for indirect care costs	140322
established for the ICF/MR's peer group under division (B) of	140323
section 5111.241 of the Revised Code, the maximum rate for	140324
indirect care costs for the ICF/MR's peer group shall be the	140325
following:	140326

(a) In the case of an ICF/MR with more than eight beds,	140327
$68.98;	140328

(b) In the case of an ICF/MR with eight or fewer beds,	140329
$59.60.	140330

(5) In place of the inflation adjustment otherwise calculated	140331
under divisions (C)(1) and (2) of section 5111.241 of the Revised	140332
Code for the purpose of division (A)(1) of that section only, an	140333
inflation adjustment of 1.0123 shall be used.	140334

(6) In place of the efficiency incentive otherwise calculated	140335
under division (A)(2) of section 5111.241 of the Revised Code, the	140336
ICF/MR's efficiency incentive for indirect care costs shall be the	140337
following:	140338

(a) In the case of an ICF/MR with more than eight beds,	140339
$3.69;	140340

(b) In the case of an ICF/MR with eight or fewer beds, $3.19.

140341

(7) The ICF/MR's efficiency incentive for capital costs, as	140342
determined under division (B) of section 5111.251 of the Revised	140343
Code, shall be reduced by 50 per cent.	140344

(D) An ICF/MR's total capped per diem rate for fiscal year	140345
2013 shall be the ICF/MR's total unmodified per diem rate for that	140346
fiscal year reduced by the percentage by which the mean total	140347
unmodified per diem rates for all ICFs/MR in this state for fiscal	140348
year 2013, weighted by May 2012 Medicaid days and calculated as of	140349
July 1, 2012, exceeds $282.92.	140350

(E) Except as otherwise provided by this section, the	140351
provider of an ICF/MR to which this section applies shall be paid,	140352
for ICF/MR services the ICF/MR provides during fiscal year 2013, a	140353
total per diem rate determined as follows:	140354

(1) Add the ICF/MR's total modified per diem rate to the	140355
ICF/MR's total capped per diem rate;	140356

(2) Divide the amount determined under division (E)(1) of	140357
this section by two.	140358

(F) If the mean total per diem rate for all ICFs/MR to which	140359
this section applies, weighted by May 2012 Medicaid days and	140360
determined under division (E) of this section as of July 1, 2012,	140361
is other than $282.92, the Department of Job and Family Services	140362
shall adjust, for fiscal year 2013, the total per diem rate for	140363
each ICF/MR to which this section applies by a percentage that is	140364
equal to the percentage by which the mean total per diem rate is	140365
greater or less than $282.92.	140366

(G) If the United States Centers for Medicare and Medicaid	140367
Services requires that the franchise permit fee be reduced or	140368
eliminated, the Department of Job and Family Services shall reduce	140369
the amount it pays providers of ICF/MR services under this section	140370
as necessary to reflect the loss to the state of the revenue and	140371
federal financial participation generated from the franchise	140372
permit fee.	140373

(H) The Department of Job and Family Services shall follow	140374
this section in determining the rate to be paid providers of	140375
ICF/MR services subject to this section notwithstanding anything	140376
to the contrary in sections 5111.20 to 5111.331 of the Revised	140377
Code.	140378

Section 309.33.20. ICF/MR AND WAIVER SERVICES TRANSFERRED TO	140379
DEPARTMENT OF DEVELOPMENTAL DISABILITIES	140380

The Director of Budget and Management shall establish line	140381
items for use by the Department of Developmental Disabilities for	140382
purposes regarding the Department's assumption of powers and	140383
duties under section 5111.226 of the Revised Code regarding the	140384
Medicaid program's coverage of ICF/MR services and, under section	140385
5111.871 of the Revised Code, the Medicaid waiver component known	140386
as the Transitions Developmental Disabilities Waiver. The	140387
Department of Developmental Disabilities shall certify to the	140388
Director of Budget and Management and the Director of Job and	140389
Family Services the appropriation amounts, in fiscal year 2012 and	140390
fiscal year 2013, necessary for the Department of Developmental	140391
Disabilities to fulfill its obligations regarding the new powers	140392
and duties without duplicating administration or services that	140393
remain with the Department of Job and Family Services.	140394

Once the certification required under this section has been	140395
submitted and approved by the Directors of Budget and Management	140396
and Job and Family Services, the appropriation items established	140397
under this section are hereby appropriated in the amounts approved	140398
by the Director of Budget and Management. The Director of Budget	140399
and Management may reduce the amount of one or more of the	140400
Department of Job and Family Services' appropriation items if the	140401
Director determines that the reduction is necessary and	140402
appropriate because of the appropriation items established under	140403
this section for the Department of Developmental Disabilities. The	140404
appropriations are hereby reduced by the amount as determined by	140405
the Director of Budget and Management.	140406

Section 309.33.30. ADMINISTRATIVE ISSUES RELATED TO	140407
TERMINATION OF MEDICAID WAIVER PROGRAMS	140408

(A) As used in this section, "ODJFS or ODA Medicaid waiver	140409
component" means the following:	140410

(1) The Medicaid waiver component of the PASSPORT program	140411
created under section 173.40 of the Revised Code;	140412

(2) The Choices program created under section 173.403 of the	140413
Revised Code;	140414

(3) The Ohio Home Care program created under section 5111.861	140415
of the Revised Code;	140416

(4) The Ohio Transitions II Aging Carve-Out program created	140417
under section 5111.863 of the Revised Code;	140418

(5) The Medicaid waiver component of the Assisted Living	140419
program created under section 5111.89 of the Revised Code.	140420

(B) If an ODJFS or ODA Medicaid waiver component is	140421
terminated under section 173.40, 173.403, 5111.861, 5111.863, or	140422
5111.89 of the Revised Code, all of the following apply:	140423

(1) All applicable statutes, and all applicable rules,	140424
standards, guidelines, or orders issued by the Director or	140425
Department of Job and Family Services or Director or Department of	140426
Aging before the component is terminated, shall remain in full	140427
force and effect on and after that date, but solely for purposes	140428
of concluding the component's operations, including fulfilling the	140429
Departments' legal obligations for claims arising from the	140430
component relating to eligibility determinations, covered medical	140431
assistance provided to eligible persons, and recovering erroneous	140432
overpayments.	140433

(2) Notwithstanding the termination of the component, the	140434
right of subrogation for the cost of medical assistance given	140435
under section 5101.58 of the Revised Code to the Department of Job	140436
and Family Services and an assignment of the right to medical	140437
assistance given under section 5101.59 of the Revised Code to the	140438
Department continue to apply with respect to the component and	140439
remain in force to the full extent provided under those sections.	140440

(3) The Departments of Job and Family Services and Aging may	140441
use appropriated funds to satisfy any claims or contingent claims	140442
for medical assistance provided under the component before the	140443
component's termination.	140444

(4) Neither department has liability under the component to	140445
reimburse any provider or other person for claims for medical	140446
assistance rendered under the component after it is terminated.	140447

(C) The Directors of Job and Family Services and Aging may	140448
adopt rules in accordance with Chapter 119. of the Revised Code to	140449
implement this section.	140450

Section 309.33.40. BEACON QUALITY IMPROVEMENT INITIATIVES

140451

Building on the quality improvement work of the Best Evidence	140452
for Advancing Child Health in Ohio Now (BEACON) Council, the	140453
Departments of Health, Mental Health, and Job and Family Services,	140454
in conjunction with the Governor's Office of Health	140455
Transformation, may seek assistance from, and work with, the	140456
BEACON Council and hospitals and other provider groups to identify	140457
specific targets and initiatives to reduce the cost, and improve	140458
the quality, of medical assistance provided under the Medicaid	140459
program to children. At a minimum, the targets and initiatives	140460
shall focus on reducing all of the following:	140461

(A) Avoidable hospitalizations;

140462

(B) Inappropriate emergency room utilization;

140463

140464

(D) The state's rate of premature births;

140465

(E) The state's rate of elective, preterm births.

140466

If the Departments of Health, Mental Health, and Job and	140467
Family Services identify initiatives under this section, they	140468
shall make the initiatives available on their internet web sites.	140469
The Departments shall also make a list of hospitals and other	140470
provider groups involved in the initiatives available on their	140471
internet web sites.	140472

Section 309.33.50. EXPANSION AND EVALUATION OF PACE PROGRAM

140473

(A) In order to effectively administer and manage growth	140474
within the PACE Program, the Director of Aging, in consultation	140475
with the Director of Job and Family Services, may expand the PACE	140476
Program to regions of the state beyond those currently served by	140477
the PACE Program if all of the following apply:	140478

(1) Funding is available for the expansion.

140479

(2) The Directors of Aging and Job and Family Services	140480
mutually determine, taking into consideration the results of the	140481
evaluation conducted under division (B) of this section, that the	140482
PACE Program is a cost effective alternative to nursing home care.	140483

(3) The United States Centers for Medicare and Medicaid	140484
Services agrees to share with the state any savings to the	140485
Medicare program resulting from an expansion of the PACE Program.	140486

(B) The Director of Aging shall contract with Miami	140487
University's Scripps Gerontology Center for an evaluation of the	140488
PACE program.	140489

(C) If the PACE Program is expanded, the Director of Aging	140490
may not decrease the number of individuals in Cuyahoga and	140491
Hamilton counties and parts of Butler, Clermont, and Warren	140492
counties who are participants in the PACE Program below the number	140493
of individuals in those counties and parts of counties who were	140494
participants in the PACE Program on July 1, 2011.	140495

Section 309.33.60. REPEAL OF THE CHILDREN'S BUY-IN PROGRAM

140496

(A) Notwithstanding sections 5101.5211 to 5101.5216 of the	140497
Revised Code and all references in the Revised Code to those	140498
sections or the Children's Buy-In Program, no person may enroll in	140499
the Program on or after the effective date of this section.	140500

Notwithstanding this act's repeal on October 1, 2011, of the	140501
statutes under which the Program is operated, persons enrolled in	140502
the Program immediately prior to that date may continue to receive	140503
services under the Program, as if those statutes were not	140504
repealed. Such persons may receive the services through December	140505
31, 2011, as long as they remain eligible for the Program.	140506

(B) Commencing on the effective date of this section, the	140507
Director of Job and Family Services shall take steps as necessary	140508
to transition persons enrolled in the Program to other health	140509
coverage options and otherwise conclude Program operations.	140510

All Program-related rules, standards, guidelines, or orders	140511
issued by the Director or Department of Job and Family Services	140512
prior to October 1, 2011, shall remain in full force and effect on	140513
and after that date, but solely for purposes of concluding the	140514
Program's operations. Such purposes include permitting eligible	140515
persons to receive services under the Program through December 31,	140516
2011, as authorized by this section, and fulfilling the	140517
Department's legal obligations for claims arising from the Program	140518
relating to eligibility determinations, covered medical services	140519
rendered to eligible persons, and recovering erroneous	140520
overpayments.	140521

(C) Notwithstanding this act's repeal of the statutes	140522
authorizing the Program, the right of subrogation for the cost of	140523
medical services and care given under section 5101.58 of the	140524
Revised Code to the Department and an assignment of the right to	140525
medical support given under section 5101.59 of the Revised Code to	140526
the Department continue to apply with respect to the Program and	140527
remain in force to the full extent provided under those sections.	140528

(D) The Department may use appropriated funds to satisfy any	140529
claims or contingent claims for services rendered to Program	140530
participants prior to October 1, 2011, and to eligible persons who	140531
receive services under the Program through December 31, 2011, as	140532
authorized by this section. The Department has no liability under	140533
the Program to reimburse any provider or other person for claims	140534
for services rendered on or after January 1, 2012.	140535

(E) The Department may adopt rules in accordance with section	140536
111.15 of the Revised Code to implement this section.	140537

Section 309.33.70. CONTINUATION OF DISPENSING FEE FOR	140538
NONCOMPOUNDED DRUGS	140539

The Medicaid dispensing fee for each noncompounded drug	140540
covered by the Medicaid program shall be $1.80 for the period	140541
beginning July 1, 2011, and ending on the effective date of a	140542
rule, or an amendment to a rule, changing the amount of the fee	140543
that the Director of Job and Family Services adopts or amends	140544
under section 5111.02 of the Revised Code.	140545

Section 309.33.80. MONEY FOLLOWS THE PERSON ENHANCED	140546
REIMBURSEMENT FUND	140547

The Money Follows the Person Enhanced Reimbursement Fund,	140548
created by Section 751.20 of Am. Sub. H.B. 562 of the 127th	140549
General Assembly, shall continue to exist in the state treasury	140550
for fiscal year 2012 and fiscal year 2013. The federal payments	140551
made to the state under subsection (e) of section 6071 of the	140552
"Deficit Reduction Act of 2005," Pub. L. No. 109-171, as amended,	140553
shall be deposited into the fund. The Department of Job and Family	140554
Services shall continue to use money deposited into the fund for	140555
system reform activities related to the Money Follows the Person	140556
demonstration project.	140557

Section 309.33.90. MEDICARE PART D

140558

The foregoing appropriation item 600526, Medicare Part D, may	140559
be used by the Department of Job and Family Services for the	140560
implementation and operation of the Medicare Part D requirements	140561
contained in the "Medicare Prescription Drug, Improvement, and	140562
Modernization Act of 2003," Pub. L. No. 108-173, as amended. Upon	140563
the request of the Department of Job and Family Services, the	140564
Director of Budget and Management may transfer the state share of	140565
appropriations between appropriation item 600525, Health	140566
Care/Medicaid, or appropriation item 600526, Medicare Part D. If	140567
the state share of appropriation item 600525, Health	140568
Care/Medicaid, is adjusted, the Director of Budget and Management	140569
shall adjust the federal share accordingly. The Department of Job	140570
and Family Services shall provide notification to the Controlling	140571
Board of any transfers at the next scheduled Controlling Board	140572
meeting.	140573

Section 309.35.10. REBALANCING LONG-TERM CARE

140574

(A) As used in this section:

140575

"Balancing Incentive Payments Program" means the program	140576
established under section 10202 of the Patient Protection and	140577
Affordable Care Act.	140578

"Long-term services and supports" has the same meaning as in	140579
section 10202(f)(1) of the Patient Protection and Affordable Care	140580
Act.	140581

"Non-institutionally-based long-term services and supports"	140582
has the same meaning as in section 10202(f)(1)(B) of the Patient	140583
Protection and Affordable Care Act.	140584

"Patient Protection and Affordable Care Act" means Public Law	140585
111-148.	140586

(B) The Departments of Job and Family Services, Aging, and	140587
Developmental Disabilities shall continue efforts to achieve a	140588
sustainable and balanced delivery system for long-term services	140589
and supports. In so doing, the Departments shall strive to realize	140590
the following goals by June 30, 2013:	140591

(1) Having at least fifty per cent of Medicaid recipients who	140592
are sixty years of age or older and need long-term services and	140593
supports utilize non-institutionally-based long-term services and	140594
supports;	140595

(2) Having at least sixty per cent of Medicaid recipients who	140596
are less than sixty years of age and have cognitive or physical	140597
disabilities for which long-term services and supports are needed	140598
utilize non-institutionally-based long-term services and supports.	140599

(C) If the Department of Job and Family Services determines	140600
that participating in the Balancing Incentive Payments Program	140601
will assist in achieving the goals specified in division (B) of	140602
this section, the Department may apply to the United States	140603
Secretary of Health and Human Services to participate in the	140604
program. Any funds the state receives as the result of the	140605
enhanced federal financial participation provided to states	140606
participating in the Balancing Incentive Payments Program shall be	140607
deposited into the Balancing Incentive Payments Program Fund,	140608
which is hereby created in the state treasury. The Department of	140609
Job and Family Services shall use the money in the fund in	140610
accordance with section 10202(c)(4) of the Patient Protection and	140611
Affordable Care Act.	140612

Section 309.35.20. BALANCING INCENTIVE PAYMENTS PROGRAM FUND

140613

The Director of Job and Family Services may seek Controlling	140614
Board approval to make expenditures from the Balancing Incentive	140615
Payments Program Fund.	140616

Section 309.35.30. DUAL ELIGIBLE INTEGRATED CARE	140617
DEMONSTRATION PROJECT	140618

The Director of Job and Family Services may seek Controlling	140619
Board approval to make expenditures from the Integrated Care	140620
Delivery Systems Fund.	140621

Section 309.35.40. OHIO ACCESS SUCCESS PROJECT AND	140622
IDENTIFICATION OF OVERPAYMENTS	140623

(A) Notwithstanding any limitations in sections 3721.51 and	140624
3721.56 of the Revised Code, in each fiscal year, cash from the	140625
Nursing Home Franchise Permit Fee Fund (Fund 5R20) may be used by	140626
the Department of Job and Family Services for the following	140627
purposes:	140628

(1) Up to $3,000,000 in each fiscal year to fund the state	140629
share of audits or limited reviews of Medicaid providers;	140630

(2) Up to $450,000 in each fiscal year to provide one-time	140631
transitional benefits under the Ohio Access Success Project that	140632
the Director of Job and Family Services may establish under	140633
section 5111.97 of the Revised Code.	140634

(B) On July 1, 2011, or as soon as possible thereafter, the	140635
Director of Budget and Management shall transfer the cash balance	140636
in the Home and Community-Based Services for the Aged Fund (Fund	140637
4J50) to the Nursing Home Franchise Permit Fee Fund (Fund 5R20).	140638
The transferred cash is hereby appropriated. Upon completion of	140639
the transfer, Fund 4J50 is abolished. The Director shall cancel	140640
any existing encumbrances against appropriation item 600613,	140641
Nursing Facility Bed Assessments, and appropriation item 600618,	140642
Residential State Supplement Payments, and reestablish them	140643
against appropriation item 600608, Medicaid - Nursing Facilities.	140644

Section 309.35.50. PROVIDER FRANCHISE FEE OFFSETS

140645

(A) At least quarterly, the Director of Job and Family	140646
Services shall certify to the Director of Budget and Management	140647
both of the following:	140648

(1) The amount of offsets withheld under section 3721.541 of	140649
the Revised Code from payments made from the General Revenue Fund.	140650

(2) The amount of offsets withheld under section 5112.341 of	140651
the Revised Code from payments made from the General Revenue Fund.	140652

(B) The Director of Budget and Management may transfer cash	140653
from the General Revenue Fund to all of the following:	140654

(1) The Nursing Home Franchise Permit Fee Fund (Fund 5R20),	140655
in accordance with section 3721.56 of the Revised Code;	140656

(2) The ICF/MR Bed Assessments Fund (Fund 4K10).

140657

(C) Amounts transferred pursuant to this section are hereby	140658
appropriated.	140659

Section 309.35.60. TRANSFER OF FUNDS TO THE DEPARTMENT OF	140660
DEVELOPMENTAL DISABILITIES	140661

The Department of Job and Family Services may transfer cash	140662
in each fiscal year from the ICF/MR Bed Assessments Fund (Fund	140663
4K10) to the Home and Community-Based Services Fund (Fund 4K80),	140664
used by the Department of Developmental Disabilities. The amount	140665
to be transferred shall be agreed to by both departments. The	140666
transfer may occur on a quarterly basis or on a schedule developed	140667
and agreed to by both departments. The transfer may be made using	140668
an intrastate transfer voucher.	140669

Section 309.35.70. HOSPITAL CARE ASSURANCE MATCH

140670

The foregoing appropriation item 600650, Hospital Care	140671
Assurance Match, shall be used by the Department of Job and Family	140672
Services solely for distributing funds to hospitals under section	140673
5112.08 of the Revised Code.	140674

Section 309.35.73. HEALTHCARE COMPLIANCE APPROPRIATION

140675

Notwithstanding the provisions of section 5111.171 of the	140676
Revised Code specifying the uses of the HealthCare Compliance	140677
Fund, appropriations in appropriation item 600625, HealthCare	140678
Compliance, may be used for expenses incurred in implementation or	140679
operation of Health Home programs and for the creation,	140680
modification, or replacement of any federally funded Medicaid	140681
healthcare systems in fiscal year 2012 and fiscal year 2013.	140682

Section 309.35.80. HEALTH CARE SERVICES ADMINISTRATION FUND

140683

Of the amount received by the Department of Job and Family	140684
Services during fiscal year 2012 and fiscal year 2013 from the	140685
first installment of assessments paid under section 5112.06 of the	140686
Revised Code and intergovernmental transfers made under section	140687
5112.07 of the Revised Code, the Director of Job and Family	140688
Services shall deposit $350,000 in each fiscal year into the state	140689
treasury to the credit of the Health Care Services Administration	140690
Fund (Fund 5U30).	140691

Section 309.35.90. TRANSFERS OF OFFSETS TO THE HEALTH CARE	140692
SERVICES ADMINISTRATION FUND	140693

(A) As used in this section:

140694

"Hospital offset" means an offset from a hospital's Medicaid	140695
payment authorized by section 5112.991 of the Revised Code.	140696

"Vendor offset" means a reduction of a Medicaid payment to a	140697
Medicaid provider to correct a previous, incorrect Medicaid	140698
payment.	140699

(B) At least quarterly during fiscal year 2012 and fiscal	140700
year 2013, the Director of Job and Family Services shall certify	140701
to the Director of Budget and Management the amount of hospital	140702
offsets and vendor offsets for the period covered by the	140703
certification and the particular funds that would have been used	140704
to make the extra payments to providers if not for the offsets.	140705
The certification shall specify how much extra would have been	140706
taken from each of the funds if not for the hospital offsets and	140707
vendor offsets.	140708

(C) On receipt of a certification under division (B) of this	140709
section, the Director of Budget and Management shall transfer cash	140710
from the funds identified in the certification to the Health Care	140711
Services Administration Fund (Fund 5U30). The amount transferred	140712
from a fund shall equal the amount that would have been taken from	140713
the fund if not for the hospital offsets and vendor offsets as	140714
specified in the certification. The transferred cash is hereby	140715
appropriated.	140716

Section 309.37.10. PROVIDER APPLICATION FEES

140717

If receipts credited to the Health Care Services	140718
Administration Fund (Fund 5U30) exceed the amounts appropriated	140719
from the fund, the Director of Job and Family Services may seek	140720
Controlling Board approval to increase the appropriations in	140721
appropriation item 600654, Health Care Services Administration.	140722

Section 309.37.20. INTERAGENCY REIMBURSEMENT

140723

The Director of Job and Family Services may request the	140724
Director of Budget and Management to increase appropriation item	140725
600655, Interagency Reimbursement. Upon the approval of the	140726
Director of Budget and Management, the additional amounts are	140727
hereby appropriated.	140728

Section 309.37.30. MEDICAID PROGRAM SUPPORT FUND - STATE

140729

The foregoing appropriation item 600671, Medicaid Program	140730
Support, shall be used by the Department of Job and Family	140731
Services to pay for Medicaid services and contracts. The	140732
Department may also deposit to the Medicaid Program Support Fund	140733
(Fund 5C90) revenues received from other state agencies for	140734
Medicaid services under the terms of interagency agreements	140735
between the Department and other state agencies.	140736

Section 309.37.40. TRANSFERS OF IMD/DSH CASH TO THE	140737
DEPARTMENT OF MENTAL HEALTH	140738

The Department of Job and Family Services shall transfer cash	140739
from the Medicaid Program Support Fund (Fund 5C90), to the	140740
Behavioral Health Medicaid Services Fund (Fund 4X50), used by the	140741
Department of Mental Health, in accordance with an interagency	140742
agreement that delegates authority from the Department of Job and	140743
Family Services to the Department of Mental Health to administer	140744
specified Medicaid services. The transfer shall be made using an	140745
intrastate transfer voucher.	140746

Section 309.37.50. PRESCRIPTION DRUG COVERAGE UNDER MEDICAID	140747
MANAGED CARE	140748

(A) As used in this section:

140749

(1) "Controlled substance" has the same meaning as in section	140750
3719.01 of the Revised Code.	140751

(2) "Licensed health professional authorized to prescribe	140752
drugs" has the same meaning as in section 4729.01 of the Revised	140753
Code.	140754

(B) Not later than October 1, 2011, the Department of Job and	140755
Family Services shall enter into new contracts or amend existing	140756
contracts with health insuring corporations, pursuant to section	140757
5111.17 of the Revised Code, as the Department considers necessary	140758
to require, in accordance with section 5111.172 of the Revised	140759
Code, as amended by this act, that each health insuring	140760
corporation participating in the Medicaid care management system	140761
include coverage of prescription drugs for the Medicaid recipients	140762
who are enrolled in the health insuring corporation.	140763

(C) For a period of thirty days immediately following the	140764
effective date of the inclusion of prescription drug coverage	140765
under a new or amended contract with a health insuring corporation	140766
pursuant to division (B) of this section, if, immediately prior to	140767
the effective date of the coverage, a Medicaid recipient enrolled	140768
in the health insuring corporation was being treated with a	140769
controlled substance prescribed by a licensed health professional	140770
authorized to prescribe drugs, and the drug is not an	140771
antidepressant or antipsychotic described in division (B)(2) of	140772
section 5111.172 of the Revised Code, as amended by this act, the	140773
health insuring corporation shall provide coverage of the	140774
controlled substance without using drug utilization or management	140775
techniques, including any prior authorization requirements, that	140776
are more stringent than the utilization or management techniques,	140777
if any, that the Medicaid recipient was subject to immediately	140778
prior to the effective date of the coverage.	140779

(D) For a period of ninety days immediately following the	140780
effective date of the inclusion of prescription drug coverage	140781
under a new or amended contract with a health insuring corporation	140782
pursuant to division (B) of this section, if, immediately prior to	140783
the effective date of the coverage, a Medicaid recipient enrolled	140784
in the health insuring corporation was being treated with a drug	140785
prescribed by a licensed health professional authorized to	140786
prescribe drugs, and the drug is not a controlled substance and	140787
the drug is not an antidepressant or antipsychotic described in	140788
division (B)(2) of section 5111.172 of the Revised Code, as	140789
amended by this act, the health insuring corporation shall provide	140790
coverage of the drug without using drug utilization or management	140791
techniques, including any prior authorization requirements, that	140792
are more stringent than the utilization or management techniques,	140793
if any, that the Medicaid recipient was subject to immediately	140794
prior to the effective date of the coverage.	140795

(E) For a period of one hundred twenty days immediately	140796
following the effective date of the inclusion of prescription drug	140797
coverage under a new or amended contract with a health insuring	140798
corporation pursuant to division (B) of this section, both of the	140799
following apply:	140800

(1) If, immediately prior to the effective date of the	140801
coverage, a Medicaid recipient enrolled in the health insuring	140802
corporation was being treated with an antidepressant or	140803
antipsychotic described in division (B)(2) of section 5111.172 of	140804
the Revised Code, as amended by this act, the health insuring	140805
corporation shall provide coverage of the drug without imposing a	140806
prior authorization requirement.	140807

(2) Notwithstanding division (B)(3) of section 5111.172 of	140808
the Revised Code, as amended by this act, the health insuring	140809
corporation shall permit the health professional who was	140810
prescribing the drug to continue prescribing the drug for the	140811
Medicaid recipient, regardless of whether the prescriber is a	140812
psychiatrist as described in division (B)(3)(a) or (b) of that	140813
section.	140814

Section 309.37.53. PHYSICIAN ASSISTANT MEDICAID PROVIDER	140815
AGREEMENTS, CLAIMS SUBMISSIONS, AND FISCAL YEAR 2013 REIMBURSEMENT	140816
RATES	140817

(A) With respect to section 5111.053 of the Revised Code, as	140818
enacted by this act, regarding Medicaid provider agreements for	140819
physician assistants and submission of Medicaid claims for	140820
physician assistant services, the Department of Job and Family	140821
Services shall implement the provisions of that section when the	140822
Department determines that the computer system improvements	140823
necessary to implement those provisions are in place. The	140824
Department shall ensure that the necessary improvements are in	140825
place not later than July 1, 2012.	140826

(B) The Medicaid reimbursement rates for services provided by	140827
physician assistants during fiscal year 2013 shall not be greater	140828
than the Medicaid reimbursement rates for such services provided	140829
on June 30, 2012.	140830

Section 309.40. FAMILY STABILITY

140831

Section 309.40.10. FOOD STAMPS TRANSFER

140832

On July 1, 2011, or as soon as possible thereafter, the	140833
Director of Budget and Management may transfer up to $1,000,000	140834
cash from the Food Stamp Program Fund (Fund 3840), to the Food	140835
Assistance Fund (Fund 5ES0).	140836

Section 309.40.20. NAME OF FOOD STAMP PROGRAM

140837

The Director of Job and Family Services is not required to	140838
amend rules regarding the Food Stamp Program to change the name of	140839
the program to the Supplemental Nutrition Assistance Program. The	140840
Director may refer to the program as the Food Stamp Program or the	140841
Food Assistance Program in rules and documents of the Department	140842
of Job and Family Services.	140843

Section 309.40.30. OHIO ASSOCIATION OF SECOND HARVEST FOOD	140844
BANKS	140845

The foregoing appropriation item 600540, Second Harvest Food	140846
Banks, shall be used to provide funds to the Ohio Association of	140847
Second Harvest Food Banks to purchase and distribute food	140848
products.	140849

Notwithstanding section 5101.46 of the Revised Code and any	140850
other provision in this bill, in addition to funds designated for	140851
the Ohio Association of Second Harvest Food Banks in this section,	140852
in fiscal year 2012 and fiscal year 2013, the Director of Job and	140853
Family Services shall provide assistance from eligible funds to	140854
the Ohio Association of Second Harvest Food Banks in an amount up	140855
to or equal to the assistance provided in state fiscal year 2011	140856
from all funds used by the Department, except the General Revenue	140857
Fund.	140858

Eligible nonfederal expenditures made by member food banks of	140859
the Association shall be counted by the Department of Job and	140860
Family Services toward the TANF maintenance of effort requirements	140861
of 42 U.S.C. 609(a)(7). The Director of Job and Family Services	140862
shall enter into an agreement with the Ohio Association of Second	140863
Harvest Food Banks, in accordance with sections 5101.80 and	140864
5101.801 of the Revised Code, to carry out the requirements under	140865
this section.	140866

Section 309.40.40. PUBLIC ASSISTANCE ACTIVITIES/TANF MOE

140867

The foregoing appropriation item 600658, Public Assistance	140868
Activities, shall be used by the Department of Job and Family	140869
Services to meet the TANF maintenance of effort requirements of 42	140870
U.S.C. 609(a)(7). When the state is assured that it will meet the	140871
maintenance of effort requirement, the Department of Job and	140872
Family Services may use funds from appropriation item 600658,	140873
Public Assistance Activities, to support public assistance	140874
activities.	140875

Section 309.40.50. INDEPENDENT LIVING INITIATIVE

140876

Of the foregoing appropriation item 600689, TANF Block Grant,	140877
up to $2,000,000 in each fiscal year shall be used, in accordance	140878
with sections 5101.80 and 5101.801 of the Revised Code, to support	140879
the Independent Living Initiative, including life skills training	140880
and work supports for older children in foster care and those who	140881
have recently aged out of foster care.	140882

Section 309.40.60. KINSHIP PERMANENCY INCENTIVE PROGRAM

140883

Of the foregoing appropriation item 600689, TANF Block Grant,	140884
$1,200,000 in each fiscal year shall be used to support the	140885
activities of the Kinship Permanency Incentive Program established	140886
in section 5101.802 of the Revised Code.	140887

Section 309.40.63. OHIO COMMISSION ON FATHERHOOD

140888

Of the foregoing appropriation item 600689, TANF Block Grant,	140889
$1,000,000 in each fiscal year shall be provided to the Ohio	140890
Commission on Fatherhood.	140891

Section 309.40.70. SWIPE CARD PILOT PROGRAM

140892

During fiscal year 2012 and fiscal year 2013, if the	140893
Department of Job and Family Services implements a program that	140894
utilizes a swipe card system and point of service device to track	140895
attendance and submit invoices for payment for publicly funded	140896
child care, both of the following apply:	140897

(A) Misuse of the system by a child care provider	140898
participating in the program constitutes a reason for which the	140899
provider's license or certification may be revoked.	140900

(B) Misuse of the system by a caretaker parent participating	140901
in the program constitutes a reason for which the caretaker parent	140902
may lose eligibility for publicly funded child care.	140903

Section 309.50. CHILD WELFARE

140904

Section 309.50.10. DIFFERENTIAL RESPONSE

140905

In accordance with an independent evaluation of the Ohio	140906
Alternative Response Pilot Program that recommended statewide	140907
implementation, the Department of Job and Family Services shall	140908
plan the statewide expansion of the Ohio Alternative Response	140909
Pilot Program on a county by county basis, through a schedule	140910
determined by the Department. The program shall be known as the	140911
"differential response" approach as defined in section 2151.011 of	140912
the Revised Code. Notwithstanding provisions of Chapter 2151. of	140913
the Revised Code that refer to "differential response,"	140914
"traditional response," and "alternative response," those	140915
provisions shall become effective on the scheduled date of	140916
expansion of the differential response approach to that county.	140917
Prior to statewide implementation, the Department may adopt rules	140918
in accordance with Chapter 119. of the Revised Code as necessary	140919
to carry out the purposes of this section.	140920

Section 309.50.20. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN

140921

In collaboration with the county family and children first	140922
council, a county department of job and family services or public	140923
children services agency that receives an allocation from the	140924
Department of Job and Family Services from the foregoing	140925
appropriation item 600523, Children and Families Services, or	140926
600533, Child, Family, and Adult Community & Protective Services,	140927
may transfer a portion of either or both allocations to a flexible	140928
funding pool as authorized by the section of this act titled	140929
"FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING POOL."	140930

Section 309.50.30. CHILD, FAMILY, AND ADULT COMMUNITY AND	140931
PROTECTIVE SERVICES	140932

(A) The foregoing appropriation item 600533, Child, Family,	140933
and Adult Community & Protective Services, shall be distributed to	140934
each county department of job and family services using the	140935
formula the Department of Job and Family Services uses when	140936
distributing Title XX funds to county departments of job and	140937
family services under section 5101.46 of the Revised Code. County	140938
departments shall use the funds distributed to them under this	140939
section as follows, in accordance with the written plan of	140940
cooperation entered into under section 307.983 of the Revised	140941
Code:	140942

(1) To assist individuals achieve or maintain	140943
self-sufficiency, including by reducing or preventing dependency	140944
among individuals with family income not exceeding two hundred per	140945
cent of the federal poverty guidelines;	140946

(2) Subject to division (B) of this section, to respond to	140947
reports of abuse, neglect, or exploitation of children and adults,	140948
including through the differential response approach program	140949
developed under Section 309.50.10 of this act;	140950

(3) To provide outreach and referral services regarding home	140951
and community-based services to individuals at risk of placement	140952
in a group home or institution, regardless of the individuals'	140953
family income and without need for a written application;	140954

(4) To provide outreach, referral, application assistance,	140955
and other services to assist individuals receive assistance,	140956
benefits, or services under Medicaid; Title IV-A programs, as	140957
defined in section 5101.80 of the Revised Code; the Supplemental	140958
Nutrition Assistance Program; and other public assistance	140959
programs.	140960

(B) Protective services may be provided to a child or adult	140961
as part of a response, under division (A)(2) of this section, to a	140962
report of abuse, neglect, or exploitation without regard to a	140963
child or adult's family income and without need for a written	140964
application. The protective services may be provided if the case	140965
record documents circumstances of actual or potential abuse,	140966
neglect, or exploitation.	140967

Section 309.50.33. CHILDREN AND FAMILY SERVICES ACTIVITIES

140968

The foregoing appropriation item 600609, Children and Family	140969
Services Activities, shall be used to expend miscellaneous	140970
foundation funds and grants to support children and family	140971
services activities.	140972

Section 309.50.40. ADOPTION ASSISTANCE LOAN

140973

Of the foregoing appropriation item 600634, Adoption	140974
Assistance Loan, the Department of Job and Family Services may use	140975
up to ten per cent for administration of adoption assistance loans	140976
pursuant to section 3107.018 of the Revised Code.	140977

Section 309.60. UNEMPLOYMENT COMPENSATION

140978

Section 309.60.10. FEDERAL UNEMPLOYMENT PROGRAMS

140979

All unexpended funds remaining at the end of fiscal year 2011	140980
that were appropriated and made available to the state under	140981
section 903(d) of the Social Security Act, as amended, in the	140982
foregoing appropriation item 600678, Federal Unemployment Programs	140983
(Fund 3V40), are hereby appropriated to the Department of Job and	140984
Family Services. Upon the request of the Director of Job and	140985
Family Services, the Director of Budget and Management may	140986
increase the appropriation for fiscal year 2012 by the amount	140987
remaining unspent from the fiscal year 2011 appropriation and may	140988
increase the appropriation for fiscal year 2013 by the amount	140989
remaining unspent from the fiscal year 2012 appropriation. The	140990
appropriation shall be used under the direction of the Department	140991
of Job and Family Services to pay for administrative activities	140992
for the Unemployment Insurance Program, employment services, and	140993
other allowable expenditures under section 903(d) of the Social	140994
Security Act, as amended.	140995

The amounts obligated pursuant to this section shall not	140996
exceed at any time the amount by which the aggregate of the	140997
amounts transferred to the account of the state under section	140998
903(d) of the Social Security Act, as amended, exceeds the	140999
aggregate of the amounts obligated for administration and paid out	141000
for benefits and required by law to be charged against the amounts	141001
transferred to the account of the state.	141002

Section 309.60.20. UNEMPLOYMENT COMPENSATION INTEREST	141003
CONTINGENCY FUND	141004

The General Health and Human Service Pass-Through Fund (Fund	141005
5HC0) is hereby renamed the Unemployment Compensation Interest	141006
Contingency Fund. On July 1, 2011, or as soon as possible	141007
thereafter, the Director of Budget and Management shall transfer	141008
$23,000,000 cash from the Child and Adult Protective Services Fund	141009
(Fund 5GV0), used by the Department of Job and Family Services, to	141010
the Unemployment Compensation Interest Contingency Fund. The	141011
Director of Budget and Management may seek Controlling Board	141012
approval to establish appropriations for payment of interest costs	141013
paid to the United States Secretary of the Treasury for the	141014
repayment of accrued interest related to federal unemployment	141015
account borrowing.	141016

Section 311.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

141017

General Revenue Fund	141018

GRF	029321	Operating Expenses	$	435,168	$	435,168	141019
TOTAL GRF General Revenue Fund			$	435,168	$	435,168	141020
TOTAL ALL BUDGET FUND GROUPS			$	435,168	$	435,168	141021

OPERATING GUIDANCE

141022

The Chief Administrative Officer of the House of	141023
Representatives and the Clerk of the Senate shall determine, by	141024
mutual agreement, which of them shall act as fiscal agent for the	141025
Joint Committee on Agency Rule Review. Members of the Committee	141026
shall be paid in accordance with section 101.35 of the Revised	141027
Code.	141028

OPERATING EXPENSES

141029

On July 1, 2011, or as soon as possible thereafter, the	141030
Executive Director of the Joint Committee on Agency Rule Review	141031
may certify to the Director of Budget and Management the amount of	141032
the unexpended, unencumbered balance of the foregoing	141033
appropriation item 029321, Operating Expenses, at the end of	141034
fiscal year 2011 to be reappropriated to fiscal year 2012. The	141035
amount certified is hereby reappropriated to the same	141036
appropriation item for fiscal year 2012.	141037

On July 1, 2012, or as soon as possible thereafter, the	141038
Executive Director of the Joint Committee on Agency Rule Review	141039
may certify to the Director of Budget and Management the amount of	141040
the unexpended, unencumbered balance of the foregoing	141041
appropriation item 029321, Operating Expenses, at the end of	141042
fiscal year 2012 to be reappropriated to fiscal year 2013. The	141043
amount certified is hereby reappropriated to the same	141044
appropriation item for fiscal year 2013.	141045

Section 313.10. JCO JUDICIAL CONFERENCE OF OHIO

141046

General Revenue Fund	141047

GRF	018321		Operating Expenses		$	720,000		$	720,000		141048
TOTAL GRF General Revenue Fund					$	720,000		$	720,000		141049

General Services Fund Group	141050

4030	018601	Ohio Jury Instructions	$	350,000	$	350,000	141051
TOTAL GSF General Services Fund Group			$	350,000	$	350,000	141052
TOTAL ALL BUDGET FUND GROUPS			$	1,070,000	$	1,070,000	141053

OHIO JURY INSTRUCTIONS FUND

141054

The Ohio Jury Instructions Fund (Fund 4030) shall consist of	141055
grants, royalties, dues, conference fees, bequests, devises, and	141056
other gifts received for the purpose of supporting costs incurred	141057
by the Judicial Conference of Ohio in its activities as a part of	141058
the judicial system of the state as determined by the Judicial	141059
Conference Executive Committee. Fund 4030 shall be used by the	141060
Judicial Conference of Ohio to pay expenses incurred in its	141061
activities as a part of the judicial system of the state as	141062
determined by the Judicial Conference Executive Committee. All	141063
moneys accruing to Fund 4030 in excess of $350,000 in fiscal year	141064
2012 and in excess of $350,000 in fiscal year 2013 are hereby	141065
appropriated for the purposes authorized.	141066

No money in Fund 4030 shall be transferred to any other fund	141067
by the Director of Budget and Management or the Controlling Board.	141068

Section 315.10. JSC THE JUDICIARY/SUPREME COURT

141069

General Revenue Fund	141070

GRF	005321	Operating Expenses - Judiciary/Supreme Court	$	133,704,620	$	132,565,410	141071
GRF	005406	Law Related Education	$	236,172	$	236,172	141072
GRF	005409	Ohio Courts Technology Initiative	$	2,150,000	$	2,150,000	141073
TOTAL GRF General Revenue Fund			$	136,090,792	$	134,951,582	141074

General Services Fund Group	141075

6720	005601		Continuing Judicial Education		$	172,142		$	169,420		141076
TOTAL GSF General Services Fund Group					$	172,142		$	169,420		141077

Federal Special Revenue Fund Group	141078

3J00	005603		Federal Grants		$	1,653,317		$	1,605,717		141079
TOTAL FED Federal Special Revenue Fund Group					$	1,653,317		$	1,605,717		141080

State Special Revenue Fund Group	141081

4C80	005605	Attorney Services	$	3,718,328	$	3,695,192	141082
5HT0	005617	Court Interpreter Certification	$	39,000	$	39,000	141083
5T80	005609	Grants and Awards	$	50,000	$	50,000	141084
6A80	005606	Supreme Court Admissions	$	1,223,340	$	1,205,056	141085
TOTAL SSR State Special Revenue Fund Group			$	5,030,668	$	4,989,248	141086
TOTAL ALL BUDGET FUND GROUPS			$	142,946,919	$	141,715,967	141087

OPERATING EXPENSES - JUDICIARY/SUPREME COURT

141088

Of the foregoing appropriation item 005321, Operating	141089
Expenses - Judiciary/Supreme Court, up to $206,770 in each fiscal	141090
year may be used to support the functions of the State Criminal	141091
Sentencing Council.	141092

LAW-RELATED EDUCATION

141093

The foregoing appropriation item 005406, Law-Related	141094
Education, shall be distributed directly to the Ohio Center for	141095
Law-Related Education for the purposes of providing continuing	141096
citizenship education activities to primary and secondary	141097
students, expanding delinquency prevention programs, increasing	141098
activities for at-risk youth, and accessing additional public and	141099
private money for new programs.	141100

OHIO COURTS TECHNOLOGY INITIATIVE

141101

The foregoing appropriation item 005409, Ohio Courts	141102
Technology Initiative, shall be used to fund an initiative by the	141103
Supreme Court to facilitate the exchange of information and	141104
warehousing of data by and between Ohio courts and other justice	141105
system partners through the creation of an Ohio Courts Network,	141106
the delivery of technology services to courts throughout the	141107
state, including the provision of hardware, software, and the	141108
development and implementation of educational and training	141109
programs for judges and court personnel, and operation of the	141110
Commission on Technology and the Courts by the Supreme Court for	141111
the promulgation of statewide rules, policies, and uniform	141112
standards, and to aid in the orderly adoption and comprehensive	141113
use of technology in Ohio courts.	141114

CONTINUING JUDICIAL EDUCATION

141115

The Continuing Judicial Education Fund (Fund 6720) shall	141116
consist of fees paid by judges and court personnel for attending	141117
continuing education courses and other gifts and grants received	141118
for the purpose of continuing judicial education. The foregoing	141119
appropriation item 005601, Continuing Judicial Education, shall be	141120
used to pay expenses for continuing education courses for judges	141121
and court personnel. If it is determined by the Administrative	141122
Director of the Supreme Court that additional appropriations are	141123
necessary, the amounts are hereby appropriated.	141124

No money in Fund 6720 shall be transferred to any other fund	141125
by the Director of Budget and Management or the Controlling Board.	141126
Interest earned on money in Fund 6720 shall be credited to the	141127
fund.	141128

FEDERAL GRANTS

141129

The Federal Grants Fund (Fund 3J00) shall consist of grants	141130
and other moneys awarded to the Supreme Court (The Judiciary) by	141131
the United States Government or other entities that receive the	141132
moneys directly from the United States Government and distribute	141133
those moneys to the Supreme Court (The Judiciary). The foregoing	141134
appropriation item 005603, Federal Grants, shall be used in a	141135
manner consistent with the purpose of the grant or award. If it is	141136
determined by the Administrative Director of the Supreme Court	141137
that additional appropriations are necessary, the amounts are	141138
hereby appropriated.	141139

No money in Fund 3J00 shall be transferred to any other fund	141140
by the Director of Budget and Management or the Controlling Board.	141141
However, interest earned on money in Fund 3J00 shall be credited	141142
or transferred to the General Revenue Fund.	141143

ATTORNEY SERVICES

141144

The Attorney Services Fund (Fund 4C80), formerly known as the	141145
Attorney Registration Fund, shall consist of money received by the	141146
Supreme Court (The Judiciary) pursuant to the Rules for the	141147
Government of the Bar of Ohio. In addition to funding other	141148
activities considered appropriate by the Supreme Court, the	141149
foregoing appropriation item 005605, Attorney Services, may be	141150
used to compensate employees and to fund appropriate activities of	141151
the following offices established by the Supreme Court: the Office	141152
of Disciplinary Counsel, the Board of Commissioners on Grievances	141153
and Discipline, the Clients' Security Fund, and the Attorney	141154
Services Division. If it is determined by the Administrative	141155
Director of the Supreme Court that additional appropriations are	141156
necessary, the amounts are hereby appropriated.	141157

No money in Fund 4C80 shall be transferred to any other fund	141158
by the Director of Budget and Management or the Controlling Board.	141159
Interest earned on money in Fund 4C80 shall be credited to the	141160
fund.	141161

COURT INTERPRETER CERTIFICATION

141162

The Court Interpreter Certification Fund (Fund 5HT0) shall	141163
consist of money received by the Supreme Court (The Judiciary)	141164
pursuant to Rules 80 through 87 of the Rules of Superintendence	141165
for the Courts of Ohio. The foregoing appropriation item 005617,	141166
Court Interpreter Certification, shall be used to provide	141167
training, to provide the written examination, and to pay language	141168
experts to rate, or grade, the oral examinations of those applying	141169
to become certified court interpreters. If it is determined by the	141170
Administrative Director that additional appropriations are	141171
necessary, the amounts are hereby appropriated.	141172

No money in Fund 5HT0 shall be transferred to any other fund	141173
by the Director of Budget and Management or the Controlling Board.	141174
Interest earned on money in Fund 5HT0 shall be credited to the	141175
fund.	141176

GRANTS AND AWARDS

141177

The Grants and Awards Fund (Fund 5T80) shall consist of	141178
grants and other money awarded to the Supreme Court (The	141179
Judiciary) by the State Justice Institute, the Division of	141180
Criminal Justice Services, or other entities. The foregoing	141181
appropriation item 005609, Grants and Awards, shall be used in a	141182
manner consistent with the purpose of the grant or award. If it is	141183
determined by the Administrative Director of the Supreme Court	141184
that additional appropriations are necessary, the amounts are	141185
hereby appropriated.	141186

No money in Fund 5T80 shall be transferred to any other fund	141187
by the Director of Budget and Management or the Controlling Board.	141188
However, interest earned on money in Fund 5T80 shall be credited	141189
or transferred to the General Revenue Fund.	141190

SUPREME COURT ADMISSIONS

141191

The foregoing appropriation item 005606, Supreme Court	141192
Admissions, shall be used to compensate Supreme Court employees	141193
who are primarily responsible for administering the attorney	141194
admissions program under the Rules for the Government of the Bar	141195
of Ohio, and to fund any other activities considered appropriate	141196
by the court. Moneys shall be deposited into the Supreme Court	141197
Admissions Fund (Fund 6A80) under the Supreme Court Rules for the	141198
Government of the Bar of Ohio. If it is determined by the	141199
Administrative Director of the Supreme Court that additional	141200
appropriations are necessary, the amounts are hereby appropriated.	141201

No money in Fund 6A80 shall be transferred to any other fund	141202
by the Director of Budget and Management or the Controlling Board.	141203
Interest earned on money in Fund 6A80 shall be credited to the	141204
fund.	141205

Section 317.10. LEC LAKE ERIE COMMISSION

141206

Federal Special Revenue Fund Group	141207

3EP0	780603		Lake Erie Federal Grants		$	95,750		$	95,750		141208
TOTAL FED Federal Special Revenue Fund Group					$	95,750		$	95,750		141209

State Special Revenue Fund Group	141210

4C00	780601	Lake Erie Protection Fund	$	400,000	$	400,000	141211
5D80	780602	Lake Erie Resources Fund	$	261,783	$	250,143	141212
TOTAL SSR State Special Revenue							141213
Fund Group			$	661,783	$	650,143	141214
TOTAL ALL BUDGET FUND GROUPS			$	757,533	$	745,893	141215

Section 319.10. LRS LEGAL RIGHTS SERVICE

141217

General Revenue Fund	141218

GRF	054321	Support Services	$	97,255	$	24,314	141219
GRF	054401	Ombudsman	$	142,003	$	35,750	141220
TOTAL GRF General Revenue Fund			$	239,258	$	60,064	141221

General Services Fund Group	141222

5M00	054610	Settlements	$	181,352	$	32,839	141223
TOTAL GSF General Services							141224
Fund Group			$	181,352	$	32,839	141225

Federal Special Revenue Fund Group	141226

3050	054602	Protection and Advocacy - Developmentally Disabled	$	1,662,991	$	415,748	141227
3AG0	054613	Protection and Advocacy - Voter Accessibility	$	135,000	$	33,752	141228
3B80	054603	Protection and Advocacy - Mentally Ill	$	1,152,677	$	288,170	141229
3CA0	054615	Work Incentives Planning and Assistance	$	355,000	$	88,752	141230
3N30	054606	Protection and Advocacy - Individual Rights	$	591,112	$	147,779	141231
3N90	054607	Assistive Technology	$	135,000	$	33,751	141232
3R90	054616	Developmental Disability Publications	$	130,000	$	32,500	141233
3T20	054609	Client Assistance Program	$	435,000	$	108,752	141234
3X10	054611	Protection and Advocacy - Beneficiaries of Social Security	$	235,000	$	58,752	141235
3Z60	054612	Protection and Advocacy - Traumatic Brain Injury	$	151,624	$	37,907	141236
TOTAL FED Federal Special Revenue							141237
Fund Group			$	4,983,404	$	1,245,863	141238

State Special Revenue Fund Group	141239

5AE0	054614	Grants and Contracts	$	74,600	$	18,652	141240
TOTAL SSR State Special Revenue Fund Group			$	74,600	$	18,652	141241
TOTAL ALL BUDGET FUND GROUPS			$	5,478,614	$	1,357,418	141242

Section 319.20. CONVERSION OF LEGAL RIGHTS SERVICE TO A	141244
NONPROFIT ENTITY	141245

(A) Not later than December 31, 2011, the administrator of	141246
the Legal Rights Service, in consultation with the Legal Rights	141247
Service Commission, shall establish a nonprofit entity to provide	141248
advocacy services and a client assistance program for people with	141249
disabilities. The nonprofit entity shall be established in such a	141250
manner that the entity is in compliance with all federal law	141251
regarding a protection and advocacy system, including 42 U.S.C.	141252
15041 to 15045, and all federal law regarding a client assistance	141253
program, including 29 U.S.C. 732.	141254

The Legal Rights Service may subcontract with the nonprofit	141255
entity to perform any functions that the Legal Rights Service is	141256
permitted or required to perform.	141257

(B) Not later than September 30, 2012, the Governor shall	141258
designate the nonprofit entity established under division (A) of	141259
this section to serve as the state's protection and advocacy	141260
system. On October 1, 2012, pursuant to section 5123.60 of the	141261
Revised Code, as enacted by this act, the nonprofit entity is the	141262
Ohio Protection and Advocacy System.	141263

(C) Effective October 1, 2012, the Legal Rights Service, the	141264
Legal Rights Service Commission, and the Ombudsperson Section of	141265
the Legal Rights Service are abolished.	141266

Any aspect of the function of the Legal Rights Service, Legal	141267
Rights Service Commission, and the Ombudsperson Section of the	141268
Legal Rights Service commenced, but not completed on October 1,	141269
2012 shall be completed by the nonprofit entity in the same	141270
manner, and with the same effect, as if completed by the Legal	141271
Rights Service, Legal Rights Service Commission, and the	141272
Ombudsperson Section of the Legal Rights Service as they existed	141273
immediately prior to October 1, 2012. No validation, cure, right,	141274
privilege, remedy, obligation, or liability pertaining to the	141275
Legal Rights Service, Legal Rights Service Commission, and the	141276
Ombudsperson Section of the Legal Rights Service is lost or	141277
impaired by reason of the abolishment of the Legal Rights Service,	141278
Legal Rights Service Commission, and the Ombudsperson Section of	141279
the Legal Rights Service. Each such validation, cure, right,	141280
privilege, remedy, obligation, or liability shall be administered	141281
by the nonprofit entity established under division (A) of this	141282
section.	141283

Any action or proceeding that is related to the functions or	141284
duties of the Legal Rights Service, Legal Rights Service	141285
Commission, and the Ombudsperson Section of the Legal Rights	141286
Service pending on September 30, 2012, is not affected by the	141287
abolishment of the Legal Rights Service, the Legal Rights Service	141288
Commission, and the Ombudsperson Section of the Legal Rights	141289
Service and shall be prosecuted or defended in the name of the	141290
nonprofit entity. In all such actions and proceedings the	141291
nonprofit entity, on application to the court, shall be	141292
substituted as a party.	141293

(D) After the Legal Rights Service is abolished, all employee	141294
personnel records of the Legal Rights Service shall be retained by	141295
the Office of Budget and Management according to the applicable	141296
retention schedules and then transferred to the Department of	141297
Administrative Services to be kept permanently.	141298

All fiscal records of the Legal Rights Service shall be	141299
retained by the Office of Budget and Management until state and	141300
federal audits are conducted, audit reports are released, and all	141301
discrepancies are resolved. The records shall then be destroyed	141302
according to the applicable retention schedules.	141303

All other general administrative and information technology	141304
records of the Legal Rights Service shall be retained by the	141305
Office of Budget and Management in accordance with applicable	141306
retention schedules.	141307

(E) When the Legal Rights Service is abolished on October 1,	141308
2012, all equipment and assets of the Legal Rights Service shall	141309
be transferred to the Ohio Protection and Advocacy System. The	141310
Office of Budget and Management shall designate the employment	141311
positions, if any, to be transferred to the System.	141312

The Legal Rights Service and the nonprofit entity established	141313
to serve as the Ohio Protection and Advocacy System shall enter	141314
into an agreement to transfer any designated positions and all	141315
equipment and assets to the entity by October 1, 2012, or as soon	141316
as possible thereafter. The agreement may include provisions to	141317
transfer property and any other provisions necessary for the	141318
continued administration of Legal Rights Service activities.	141319

(F) The foregoing appropriation items 054321, Support	141320
Services, and 054401, Ombudsman, may be used to support the costs	141321
of transitioning the Ohio Legal Rights Service into a nonprofit	141322
entity.	141323

(G) By October 1, 2012, the Director of Budget and Management	141324
shall distribute any remaining cash balances in funds used by the	141325
Legal Rights Service to the nonprofit entity designated as the	141326
state's protection and advocacy system. To facilitate this	141327
transfer, on or before September 30, 2012, the Director of the	141328
Legal Rights Service shall certify to the Director of Budget and	141329
Management an estimate of the cash balance in each fund used by	141330
the Legal Rights Service to be transferred to the nonprofit	141331
entity. Upon receipt of the certification, the Director of Budget	141332
and Management may distribute the certified amounts to the	141333
nonprofit entity. Not more than sixty days after certifying the	141334
estimated amount, the nonprofit entity shall certify to the	141335
Director of Budget and Management the actual cash balances. If the	141336
actual amounts are more than the amounts that were transferred,	141337
the Director of Budget and Management shall disburse the	141338
difference to the nonprofit entity. The Director of Budget and	141339
Management may transfer cash between any funds used by the Legal	141340
Rights Service to fulfill the requirements of this section.	141341

On or after October 1, 2012, notwithstanding any provision of	141342
law to the contrary, the Director of Budget and Management may	141343
transfer cash between any funds that were used by the Legal Rights	141344
Service, create new funds, or abolish existing funds used by the	141345
Legal Rights Service in order to financially manage the abolition	141346
of that agency.	141347

Section 321.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE

141348

General Revenue Fund	141349

GRF	028321		Legislative Ethics Committee		$	550,000		$	550,000		141350
TOTAL GRF General Revenue Fund					$	550,000		$	550,000		141351

General Services Fund Group	141352

4G70	028601	Joint Legislative Ethics Committee	$	100,000	$	100,000	141353
TOTAL GSF General Services Fund Group			$	100,000	$	100,000	141354
TOTAL ALL BUDGET FUND GROUPS			$	650,000	$	650,000	141355

Section 323.10. LSC LEGISLATIVE SERVICE COMMISSION

141356

General Revenue Fund	141357

GRF	035321	Operating Expenses	$	15,117,700	$	15,117,700	141358
GRF	035402	Legislative Fellows	$	1,022,120	$	1,022,120	141359
GRF	035405	Correctional Institution Inspection Committee	$	438,900	$	438,900	141360
GRF	035407	Legislative Task Force on Redistricting	$	590,000	$	750,000	141361
GRF	035409	National Associations	$	460,560	$	460,560	141362
GRF	035410	Legislative Information Systems	$	3,661,250	$	3,661,250	141363
GRF	035411	Ohio Constitutional Modernization Commission	$	50,000	$	50,000	141364
TOTAL GRF General Revenue Fund			$	21,340,530	$	21,500,530	141365

General Services Fund Group	141366

4100	035601	Sale of Publications	$	10,000	$	10,000	141367
4F60	035603	Legislative Budget Services	$	200,000	$	200,000	141368
5EF0	035607	Legislative Agency Telephone Usage	$	30,000	$	30,000	141369
TOTAL GSF General Services							141370
Fund Group			$	240,000	$	240,000	141371
TOTAL ALL BUDGET FUND GROUPS			$	21,580,530	$	21,740,530	141372

OPERATING EXPENSES

141373

On July 1, 2011, or as soon as possible thereafter, the	141374
Director of the Legislative Service Commission may certify to the	141375
Director of Budget and Management the amount of the unexpended,	141376
unencumbered balance of the foregoing appropriation item 035321,	141377
Operating Expenses, at the end of fiscal year 2011 to be	141378
reappropriated to fiscal year 2012. The amount certified is hereby	141379
reappropriated to the same appropriation item for fiscal year	141380
2012.	141381

On July 1, 2012, or as soon as possible thereafter, the	141382
Director of the Legislative Service Commission may certify to the	141383
Director of Budget and Management the amount of the unexpended,	141384
unencumbered balance of the foregoing appropriation item 035321,	141385
Operating Expenses, at the end of fiscal year 2012 to be	141386
reappropriated to fiscal year 2013. The amount certified is hereby	141387
reappropriated to the same appropriation item for fiscal year	141388
2013.	141389

LEGISLATIVE TASK FORCE ON REDISTRICTING

141390

An amount equal to the unexpended, unencumbered portion of	141391
the foregoing appropriation item 035407, Legislative Task Force on	141392
Redistricting, at the end of fiscal year 2011 is hereby	141393
reappropriated to the Legislative Service Commission for the same	141394
purpose for fiscal year 2012.	141395

LEGISLATIVE INFORMATION SYSTEMS

141396

On July 1, 2011, or as soon as possible thereafter, the	141397
Director of the Legislative Service Commission may certify to the	141398
Director of Budget and Management the amount of the unexpended,	141399
unencumbered balance of the foregoing appropriation item 035410,	141400
Legislative Information Systems, at the end of fiscal year 2011 to	141401
be reappropriated to fiscal year 2012. The amount certified is	141402
hereby reappropriated to the same appropriation item for fiscal	141403
year 2012.	141404

On July 1, 2012, or as soon as possible thereafter, the	141405
Director of the Legislative Service Commission may certify to the	141406
Director of Budget and Management the amount of the unexpended,	141407
unencumbered balance of the foregoing appropriation item 035410,	141408
Legislative Information Systems, at the end of fiscal year 2012 to	141409
be reappropriated to fiscal year 2013. The amount certified is	141410
hereby reappropriated to the same appropriation item for fiscal	141411
year 2013.	141412

OHIO CONSTITUTIONAL MODERNIZATION COMMISSION

141413

The foregoing appropriation item 035411, Ohio Constitutional	141414
Modernization Commission, shall be used to support the operation	141415
and expenses of the Ohio Constitutional Modernization Commission	141416
under sections 103.61 to 103.67 of the Revised Code.	141417

Section 325.10. LIB STATE LIBRARY BOARD

141418

General Revenue Fund	141419

GRF	350321	Operating Expenses	$	5,057,312	$	5,057,364	141420
GRF	350401	Ohioana Rental Payments	$	124,437	$	124,437	141421
GRF	350502	Regional Library Systems	$	582,469	$	582,469	141422
TOTAL GRF General Revenue Fund			$	5,764,218	$	5,764,270	141423

General Services Fund Group	141424

1390	350602	Intra-Agency Service Charges	$	9,000	$	9,000	141425
4590	350603	Library Service Charges	$	2,986,424	$	2,986,180	141426
4S40	350604	Ohio Public Library Information Network	$	5,689,401	$	5,689,788	141427
5GB0	350605	Library for the Blind	$	1,274,194	$	1,274,194	141428
5GG0	350606	Gates Foundation Grants	$	6,000	$	0	141429
TOTAL GSF General Services							141430
Fund Group			$	9,965,019	$	9,959,162	141431

Federal Special Revenue Fund Group	141432

3130	350601	LSTA Federal	$	5,879,314	$	5,879,314	141433
TOTAL FED Federal Special Revenue							141434
Fund Group			$	5,879,314	$	5,879,314	141435
TOTAL ALL BUDGET FUND GROUPS			$	21,608,551	$	21,602,746	141436

OHIOANA RENTAL PAYMENTS

141437

The foregoing appropriation item 350401, Ohioana Rental	141438
Payments, shall be used to pay the rental expenses of the Martha	141439
Kinney Cooper Ohioana Library Association under section 3375.61 of	141440
the Revised Code.	141441

REGIONAL LIBRARY SYSTEMS

141442

The foregoing appropriation item 350502, Regional Library	141443
Systems, shall be used to support regional library systems	141444
eligible for funding under sections 3375.83 and 3375.90 of the	141445
Revised Code.	141446

OHIO PUBLIC LIBRARY INFORMATION NETWORK

141447

(A) The foregoing appropriation item 350604, Ohio Public	141448
Library Information Network, shall be used for an information	141449
telecommunications network linking public libraries in the state	141450
and such others as may participate in the Ohio Public Library	141451
Information Network (OPLIN).	141452

The Ohio Public Library Information Network Board of Trustees	141453
created under section 3375.65 of the Revised Code may make	141454
decisions regarding use of the foregoing appropriation item	141455
350604, Ohio Public Library Information Network.	141456

(B) Of the foregoing appropriation item 350604, Ohio Public	141457
Library Information Network, up to $81,000 in each fiscal year	141458
shall be used to help local libraries use filters to screen out	141459
obscene and illegal internet materials.	141460

The OPLIN Board shall research and assist or advise local	141461
libraries with regard to emerging technologies and methods that	141462
may be effective means to control access to obscene and illegal	141463
materials. The OPLIN Director shall provide written reports upon	141464
request within ten days to the Governor, the Speaker and Minority	141465
Leader of the House of Representatives, and the President and	141466
Minority Leader of the Senate on any steps being taken by OPLIN	141467
and public libraries in the state to limit and control such	141468
improper usage as well as information on technological, legal, and	141469
law enforcement trends nationally and internationally affecting	141470
this area of public access and service.	141471

(C) The Ohio Public Library Information Network, INFOhio, and	141472
OhioLINK shall, to the extent feasible, coordinate and cooperate	141473
in their purchase or other acquisition of the use of electronic	141474
databases for their respective users and shall contribute funds in	141475
an equitable manner to such effort.	141476

LIBRARY FOR THE BLIND

141477

The foregoing appropriation item 350605, Library for the	141478
Blind, shall be used for the statewide Talking Book Program to	141479
assist the blind and disabled.	141480

TRANSFER TO OPLIN TECHNOLOGY FUND

141481

Notwithstanding sections 5747.03 and 5747.47 of the Revised	141482
Code and any other provision of law to the contrary, in accordance	141483
with a schedule established by the Director of Budget and	141484
Management, the Director of Budget and Management shall transfer	141485
$3,689,401 in cash in fiscal year 2012 and $3,689,788 in cash in	141486
fiscal year 2013 from the Public Library Fund (Fund 7065) to the	141487
OPLIN Technology Fund (Fund 4S40).	141488

TRANSFER TO LIBRARY FOR THE BLIND FUND

141489

Notwithstanding sections 5747.03 and 5747.47 of the Revised	141490
Code and any other provision of law to the contrary, in accordance	141491
with a schedule established by the Director of Budget and	141492
Management, the Director of Budget and Management shall transfer	141493
$1,274,194 cash in each fiscal year from the Public Library Fund	141494
(Fund 7065) to the Library for the Blind Fund (Fund 5GB0).	141495

Section 327.10. LCO LIQUOR CONTROL COMMISSION

141496

Liquor Control Fund Group	141497

7043	970321	Operating Expenses	$	753,933	$	754,146	141498
TOTAL LCF Liquor Control Fund Group			$	753,933	$	754,146	141499
TOTAL ALL BUDGET FUND GROUPS			$	753,933	$	754,146	141500

Section 329.10. LOT STATE LOTTERY COMMISSION

141502

State Lottery Fund Group	141503

2310	950604	Charitable Gaming Oversight	$	1,946,000	$	1,946,000	141504
7044	950100	Personal Services	$	26,000,000	$	26,000,000	141505
7044	950200	Maintenance	$	13,558,000	$	13,266,150	141506
7044	950300	Equipment	$	4,810,440	$	4,465,690	141507
7044	950402	Advertising Contracts	$	21,756,000	$	21,756,000	141508
7044	950403	Gaming Contracts	$	46,476,608	$	47,359,732	141509
7044	950500	Problem Gambling Subsidy	$	350,000	$	350,000	141510
7044	950601	Direct Prize Payments	$	131,995,700	$	133,263,456	141511
8710	950602	Annuity Prizes	$	77,206,258	$	77,641,283	141512
TOTAL SLF State Lottery Fund							141513
Group			$	324,099,006	$	326,048,311	141514
TOTAL ALL BUDGET FUND GROUPS			$	324,099,006	$	326,048,311	141515

OPERATING EXPENSES

141516

Notwithstanding sections 127.14 and 131.35 of the Revised	141517
Code, the Controlling Board may, at the request of the State	141518
Lottery Commission, authorize expenditures from the State Lottery	141519
Fund in excess of the amounts appropriated, up to a maximum of 15	141520
per cent of anticipated total revenue accruing from the sale of	141521
lottery tickets. Upon the approval of the Controlling Board, the	141522
additional amounts are hereby appropriated.	141523

DIRECT PRIZE PAYMENTS

141524

Any amounts, in addition to the amounts appropriated in	141525
appropriation item 950601, Direct Prize Payments, that the	141526
Director of the State Lottery Commission determines to be	141527
necessary to fund prizes are hereby appropriated.	141528

ANNUITY PRIZES

141529

Upon request of the State Lottery Commission, the Director of	141530
Budget and Management may transfer cash from the State Lottery	141531
Fund (Fund 7044) to the Deferred Prizes Trust Fund (Fund 8710) in	141532
an amount sufficient to fund deferred prizes. The Treasurer of	141533
State, from time to time, shall credit the Deferred Prizes Trust	141534
Fund (Fund 8710) the pro rata share of interest earned by the	141535
Treasurer of State on invested balances.	141536

Any amounts, in addition to the amounts appropriated in	141537
appropriation item 950602, Annuity Prizes, that the Director of	141538
the State Lottery Commission determines to be necessary to fund	141539
deferred prizes and interest earnings are hereby appropriated.	141540

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

141541

The Director of Budget and Management shall transfer an	141542
amount greater than or equal to $717,500,000 in fiscal year 2012	141543
and $680,500,000 in fiscal year 2013 from the State Lottery Fund	141544
to the Lottery Profits Education Fund (Fund 7017). Transfers from	141545
the State Lottery Fund to the Lottery Profits Education Fund shall	141546
represent the estimated net income from operations for the	141547
Commission in fiscal year 2012 and fiscal year 2013. Transfers by	141548
the Director of Budget and Management to the Lottery Profits	141549
Education Fund shall be administered as the statutes direct.	141550

Section 331.10. MHC MANUFACTURED HOMES COMMISSION

141551

General Services Fund Group	141552

4K90	996609	Operating Expenses	$	652,922	$	642,267	141553
TOTAL GSF General Services							141554
Fund Group			$	652,922	$	642,267	141555
TOTAL ALL BUDGET FUND GROUPS			$	652,922	$	642,267	141556

Section 333.10. MED STATE MEDICAL BOARD

141558

General Services Fund Group	141559

5C60	883609	Operating Expenses	$	9,292,393	$	9,172,062	141560
TOTAL GSF General Services							141561
Fund Group			$	9,292,393	$	9,172,062	141562
TOTAL ALL BUDGET FUND GROUPS			$	9,292,393	$	9,172,062	141563

Section 335.10. AMB OHIO MEDICAL TRANSPORTATION BOARD

141565

General Services Fund Group	141566

4K90	915604	Operating Expenses	$	493,641	$	493,856	141567
TOTAL GSF General Services							141568
Fund Group			$	493,641	$	493,856	141569
TOTAL ALL BUDGET FUND GROUPS			$	493,641	$	493,856	141570

Section 337.10. DMH DEPARTMENT OF MENTAL HEALTH

141572

General Revenue Fund	141573

GRF	332401	Forensic Services	$	3,244,251	$	3,244,251	141574
GRF	333321	Central Administration	$	16,000,000	$	16,000,000	141575
GRF	333402	Resident Trainees	$	450,000	$	450,000	141576
GRF	333403	Pre-Admission Screening Expenses	$	486,119	$	486,119	141577
GRF	333415	Lease-Rental Payments	$	18,394,250	$	19,907,900	141578
GRF	333416	Research Program Evaluation	$	421,724	$	421,998	141579
GRF	334412	Hospital Services	$	194,918,888	$	192,051,209	141580
GRF	334506	Court Costs	$	584,210	$	584,210	141581
GRF	335405	Family & Children First	$	1,386,000	$	1,386,000	141582
GRF	335419	Community Medication Subsidy	$	8,963,818	$	8,963,818	141583
GRF	335501	Mental Health Medicaid Match	$	186,400,000	$	0	141584
GRF	335505	Local Mental Health Systems of Care	$	49,963,776	$	59,087,955	141585
GRF	335506	Residential State Supplement	$	4,702,875	$	4,702,875	141586
TOTAL GRF General Revenue Fund			$	485,915,911	$	307,286,335	141587

General Services Fund Group	141588

1490	333609	Central Office Operating	$	1,343,190	$	1,343,190	141589
1490	334609	Hospital - Operating Expenses	$	28,190,000	$	28,190,000	141590
1500	334620	Special Education	$	150,000	$	150,000	141591
4P90	335604	Community Mental Health Projects	$	4,061,100	$	250,000	141592
1510	336601	Office of Support Services	$	129,770,770	$	129,779,822	141593
TOTAL GSF General Services Fund Group			$	163,515,060	$	159,713,012	141594

Federal Special Revenue Fund Group	141595

3240	333605	Medicaid/Medicare	$	154,500	$	154,500	141596
3A60	333608	Federal Miscellaneous	$	140,000	$	140,000	141597
3A70	333612	Social Services Block Grant	$	50,000	$	50,000	141598
3A80	333613	Federal Grant - Administration	$	4,717,000	$	4,717,000	141599
3A90	333614	Mental Health Block Grant - Administration	$	748,470	$	748,470	141600
3B10	333635	Community Medicaid Expansion	$	13,691,682	$	13,691,682	141601
3240	334605	Medicaid/Medicare	$	28,200,000	$	28,200,000	141602
3A60	334608	Federal Miscellaneous	$	200,000	$	200,000	141603
3A80	334613	Federal Letter of Credit	$	200,000	$	200,000	141604
3A60	335608	Federal Miscellaneous	$	2,170,000	$	2,170,000	141605
3A70	335612	Social Services Block Grant	$	8,400,000	$	8,400,000	141606
3A80	335613	Federal Grant - Community Mental Health Board Subsidy	$	2,500,000	$	2,500,000	141607
3A90	335614	Mental Health Block Grant	$	14,200,000	$	14,200,000	141608
3B10	335635	Community Medicaid Expansion	$	346,200,000	$	0	141609
TOTAL FED Federal Special Revenue Fund Group			$	421,571,652	$	75,371,652	141610

State Special Revenue Fund Group	141611

2320	333621	Family and Children First Administration	$	448,286	$	432,197	141612
4850	333632	Mental Health Operating	$	134,233	$	134,233	141613
4X50	333607	Behavioral Health Medicaid Services	$	3,000,624	$	3,000,624	141614
5V20	333611	Non-Federal Miscellaneous	$	100,000	$	100,000	141615
4850	334632	Mental Health Operating	$	2,477,500	$	2,477,500	141616
5AU0	335615	Behavioral Healthcare	$	6,690,000	$	6,690,000	141617
6320	335616	Community Capital Replacement	$	350,000	$	350,000	141618
TOTAL SSR State Special Revenue Fund Group			$	13,200,643	$	13,184,554	141619
TOTAL ALL BUDGET FUND GROUPS			$	1,084,203,266	$	555,555,553	141620

Section 337.10.10. FORENSIC SERVICES

141622

The foregoing appropriation item 332401, Forensic Services,	141623
shall be used to provide forensic psychiatric evaluations to	141624
courts of common pleas and to conduct evaluations of patients of	141625
forensic status in facilities operated or designated by the	141626
Department of Mental Health prior to conditional release to the	141627
community. A portion of this appropriation may be allocated	141628
through community mental health boards to certified community	141629
agencies in accordance with a distribution methodology as	141630
determined by the Director of Mental Health.	141631

In addition, appropriation item 332401, Forensic Services,	141632
may be used to provide forensic monitoring and tracking of	141633
individuals on conditional release and forensic training, and to	141634
support projects that assist courts and law enforcement to	141635
identify and develop appropriate alternative services to	141636
incarceration for nonviolent mentally ill offenders, and to	141637
provide specialized re-entry services to offenders leaving prisons	141638
and jails.	141639

Section 337.20.10. RESIDENCY TRAINEESHIP PROGRAMS

141640

The foregoing appropriation item 333402, Resident Trainees,	141641
shall be used to fund training agreements entered into by the	141642
Director of Mental Health for the development of curricula and the	141643
provision of training programs to support public mental health	141644
services.	141645

Section 337.20.20. PRE-ADMISSION SCREENING EXPENSES

141646

The foregoing appropriation item 333403, Pre-Admission	141647
Screening Expenses, shall be used to ensure that uniform statewide	141648
methods for pre-admission screening are in place for persons who	141649
have severe mental illness and are referred for long-term Medicaid	141650
certified nursing facility placement. Pre-admission screening	141651
includes the following activities: pre-admission assessment,	141652
consideration of continued stay requests, discharge planning and	141653
referral, and adjudication of appeals and grievance procedures.	141654

Section 337.20.30. LEASE-RENTAL PAYMENTS

141655

The foregoing appropriation item 333415, Lease-Rental	141656
Payments, shall be used to meet all payments at the times they are	141657
required to be made during the period from July 1, 2011, through	141658
June 30, 2013, by the Department of Mental Health under leases and	141659
agreements made under section 154.20 of the Revised Code. These	141660
appropriations are the source of funds pledged for bond service	141661
charges on obligations issued pursuant to Chapter 154. of the	141662
Revised Code.	141663

Section 337.20.50. HOSPITAL SERVICES

141664

The foregoing appropriation item 334412, Hospital Services,	141665
shall be used for the operation of the Department of Mental Health	141666
State Regional Psychiatric Hospitals, including, but not limited	141667
to, all aspects involving civil and forensic commitment,	141668
treatment, and discharge as determined by the Director of Mental	141669
Health. A portion of this appropriation may be used by the	141670
Department of Mental Health to create, purchase, or contract for	141671
the custody, supervision, control, and treatment of persons	141672
committed to the Department of Mental Health in other clinically	141673
appropriate environments, consistent with public safety.	141674

Section 337.20.60. FISCAL YEARS 2012 AND 2013 ALLOCATIONS OF	141675
STATE HOSPITAL FUNDS TO ADAMHS BOARDS	141676

(A) As used in this section:

141677

"Bed day" means a day for which a person receives inpatient	141678
hospitalization services in a state regional psychiatric hospital.	141679

"State regional psychiatric hospital" means a hospital that	141680
the Department of Mental Health maintains, operates, manages, and	141681
governs under section 5119.02 of the Revised Code for the care and	141682
treatment of mentally ill persons.	141683

(B) For fiscal years 2012 and 2013 and notwithstanding	141684
section 5119.62 of the Revised Code, the Director of Mental Health	141685
shall allocate a portion of the foregoing appropriation item	141686
334412, Hospital Services, to boards of alcohol, drug addiction,	141687
and mental health services. In consultation with the boards, the	141688
Director shall establish a methodology to be used in allocating	141689
the funds to boards. The allocation methodology shall include as	141690
factors at least the per diem cost of inpatient hospitalization	141691
services at state regional psychiatric hospitals and the estimated	141692
number of bed days that each board will incur in fiscal years 2012	141693
and 2013 in carrying out their duties under division (A)(12) of	141694
section 340.03 of the Revised Code. The Director may require each	141695
board to provide the Director with an estimate of the number of	141696
bed days the board will incur in fiscal years 2012 and 2013 for	141697
such purpose.	141698

(C) All of the following apply to the funds allocated to a	141699
board under this section:	141700

(1) Subject to divisions (C)(2) and (3) of this section, the	141701
board shall use the funds to pay for expenditures the board incurs	141702
in fiscal years 2012 and 2013 under division (A)(12) of section	141703
340.03 of the Revised Code in paying for inpatient hospitalization	141704
services provided by state regional psychiatric hospitals to	141705
persons involuntarily committed to the board pursuant to Chapter	141706
5122. of the Revised Code.	141707

(2) If the amount of the funds allocated to the board and	141708
used for the purpose specified in division (C)(1) of this section	141709
exceeds the amount that the board needs to pay for its	141710
expenditures identified in division (C)(1) of this section, the	141711
Director may permit the board to use the excess funds for the	141712
board's community mental health plan developed under division	141713
(A)(1)(c) of section 340.03 of the Revised Code.	141714

(3) If the Director approves, the board may have a portion of	141715
the funds deposited into the Department of Mental Health Risk	141716
Fund.	141717

(D) Notwithstanding the amendment by this act to section	141718
5119.62 of the Revised Code, the Department of Mental Health Risk	141719
Fund shall continue to exist in the state treasury for the purpose	141720
of this section until it is no longer needed. In addition to the	141721
money that is in the fund on the effective date of this section,	141722
the fund shall consist of money deposited into it pursuant to	141723
division (C)(3) of this section and all the fund's investment	141724
earnings. Money in the fund shall be used in accordance with	141725
guidelines that the Director shall develop in consultation with	141726
representatives of the boards.	141727

Section 337.30.20. COMMUNITY MEDICATION SUBSIDY

141728

The foregoing appropriation item 335419, Community Medication	141729
Subsidy, shall be used to provide subsidized support for	141730
psychotropic medication needs of indigent citizens in the	141731
community to reduce unnecessary hospitalization because of lack of	141732
medication and to provide subsidized support for methadone costs.	141733
This appropriation may be allocated to community mental health	141734
boards in accordance with a distribution methodology determined by	141735
the Director of Mental Health.	141736

Section 337.30.30. MENTAL HEALTH MEDICAID MATCH

141737

(A) As used in this section, "community mental health	141738
Medicaid services" means services provided under the component, or	141739
aspect of the component, of the Medicaid program that the	141740
Department of Mental Health administers pursuant to a contract	141741
entered into with the Department of Job and Family Services under	141742
section 5111.91 of the Revised Code.	141743

(B) Subject to division (C) of this section, the foregoing	141744
appropriation item 335501, Mental Health Medicaid Match, shall be	141745
used by the Department of Mental Health to make payments for	141746
community mental health Medicaid services.	141747

(C) For state fiscal year 2012, the Department shall allocate	141748
foregoing appropriation item 335501, Mental Health Medicaid Match,	141749
to boards of alcohol, drug addiction, and mental health services	141750
in accordance with a distribution methodology the Department shall	141751
establish. Notwithstanding sections 5111.911 and 5111.912 of the	141752
Revised Code, the boards shall use the funds allocated to them	141753
under this section to pay claims for community mental health	141754
Medicaid services provided during fiscal year 2012. The boards	141755
shall use all federal financial participation that the Department	141756
of Mental Health receives for claims paid for community mental	141757
health Medicaid services provided during fiscal year 2012 as the	141758
first payment source to pay claims for community mental health	141759
Medicaid services provided during fiscal year 2012. The boards are	141760
not required to use any funds other than the funds allocated to	141761
them under this section and the federal financial participation	141762
received for claims for community mental health Medicaid services	141763
provided during fiscal year 2012 to pay for such claims.	141764

(D) The Department shall enter into an agreement with each	141765
board regarding the issue of paying claims that are for community	141766
mental health Medicaid services provided before July 1, 2011, and	141767
submitted for payment on or after that date. Such claims shall be	141768
paid in accordance with the agreements. A board shall receive the	141769
federal financial participation received for claims for community	141770
mental health Medicaid services that were provided before July 1,	141771
2011, and paid by the board.	141772

Section 337.30.40. LOCAL MENTAL HEALTH SYSTEMS OF CARE

141773

The foregoing appropriation item 335505, Local Mental Health	141774
Systems of Care, shall be used by community mental health boards	141775
to purchase mental health services permitted under Chapter 340. of	141776
the Revised Code.	141777

Section 337.30.50. RESIDENTIAL STATE SUPPLEMENT

141778

(A)(1) On July 1, 2011, the Residential State Supplement	141779
Program is transferred from the Department of Aging to the	141780
Department of Mental Health. The transferred program is thereupon	141781
and thereafter successor to, assumes the obligations of, and	141782
otherwise constitutes the continuation of the program as it was	141783
operated immediately prior to July 1, 2011. The transfer shall not	141784
affect persons receiving payments under the program on July 1,	141785
2011.	141786

(2) Any business of the program commenced but not completed	141787
before July 1, 2011 shall be completed by the Department of Mental	141788
Health. The business shall be completed in the same manner, and	141789
with the same effect, as if completed by the Department of Aging	141790
immediately prior to July 1, 2011. No validation, cure, right,	141791
privilege, remedy, obligation, or liability pertaining to the	141792
program is lost or impaired by reason of the program's transfer to	141793
the Department of Mental Health. Each such validation, cure,	141794
right, privilege, remedy, obligation, or liability shall be	141795
administered by the Department of Mental Health pursuant to	141796
sections 5119.69, 5119.691, and 5119.692 of the Revised Code.	141797

(3) All rules, orders, and determinations pertaining to the	141798
program as it was operated immediately prior to July 1, 2011	141799
continue in effect as rules, orders, and determinations of the	141800
Department of Mental Health until modified or rescinded by the	141801
Department of Mental Health. If necessary to ensure the integrity	141802
of the numbering system of the Administrative Code, the Director	141803
of the Legislative Service Commission shall renumber the rules to	141804
reflect the transfer of the Residential State Supplement Program	141805
from the Department of Aging to the Department of Mental Health.	141806

(4) Any action or proceeding that is related to the functions	141807
or duties of the Residential State Supplement Program pending on	141808
July 1, 2011 is not affected by the transfer of the program and	141809
shall be prosecuted or defended in the name of the Department of	141810
Mental Health. In all such actions and proceedings, the Department	141811
of Mental Health, on application to the court, shall be	141812
substituted as a party.	141813

(B) On July 1 of each fiscal year, or as soon as possible	141814
thereafter, the Director of Budget and Management shall transfer	141815
$2.8 million cash from the General Revenue Fund to the Residential	141816
State Supplement Fund (Fund 5CH0) to be used for the Residential	141817
State Supplement program. The transferred cash is hereby	141818
appropriated.	141819

(C) The foregoing appropriation item 335506, Residential	141820
State Supplement, and the Residential State Supplement Fund (Fund	141821
5CH0), may be used by the Department of Mental Health to provide	141822
training for adult care facilities serving residents with mental	141823
illness, to transfer cash to the Nursing Home Franchise Permit Fee	141824
Fund (Fund 5R20) used by the Department of Job and Family	141825
Services, and to make benefit payments to residential state	141826
supplement recipients. Under the Residential State Supplement	141827
Program, the amount used to determine whether a resident is	141828
eligible for payment, and for determining the amount per month the	141829
eligible resident will receive, shall be as follows:	141830

(1) $927 for a residential care facility, as defined in	141831
section 3721.01 of the Revised Code;	141832

(2) $927 for an adult group home, as defined in section	141833
5119.70 of the Revised Code;	141834

(3) $824 for an adult foster home, as defined in section	141835
5119.692 of the Revised Code;	141836

(4) $824 for an adult family home, as defined in section	141837
5119.70 of the Revised Code;	141838

(5) $824 for a residential facility, as identified in	141839
division (C)(1)(c) of section 5119.69 of the Revised Code; and	141840

(6) $618 for community mental health housing services, as	141841
identified in division (C)(1)(d) of section 5119.69 of the Revised	141842
Code.	141843

The Department of Mental Health shall reflect these amounts	141844
in any applicable rules the Department adopts under section	141845
5119.69 of the Revised Code.	141846

Section 337.30.60. BEHAVIORAL HEALTH MEDICAID SERVICES

141847

The Department of Mental Health shall administer specified	141848
Medicaid services as delegated by the Department of Job and Family	141849
Services in an interagency agreement. The foregoing appropriation	141850
item 333607, Behavioral Health Medicaid Services, may be used to	141851
make payments for free-standing psychiatric hospital inpatient	141852
services as defined in an interagency agreement with the	141853
Department of Job and Family Services.	141854

Section 337.30.70. FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING	141855
POOL	141856

A county family and children first council may establish and	141857
operate a flexible funding pool in order to assure access to	141858
needed services by families, children, and older adults in need of	141859
protective services. The operation of the flexible funding pools	141860
shall be subject to the following restrictions:	141861

(A) The county council shall establish and operate the	141862
flexible funding pool in accordance with formal guidance issued by	141863
the Family and Children First Cabinet Council;	141864

(B) The county council shall produce an annual report on its	141865
use of the pooled funds. The annual report shall conform to a	141866
format prescribed in the formal guidance issued by the Family and	141867
Children First Cabinet Council;	141868

(C) Unless otherwise restricted, funds transferred to the	141869
flexible funding pool may include state general revenues allocated	141870
to local entities to support the provision of services to families	141871
and children;	141872

(D) The amounts transferred to the flexible funding pool	141873
shall be limited to amounts that can be redirected without	141874
impairing the achievement of the objectives for which the initial	141875
allocation is designated; and	141876

(E) Each amount transferred to the flexible funding pool from	141877
a specific allocation shall be approved for transfer by the	141878
director of the local agency that was the original recipient of	141879
the allocation.	141880

Section 337.30.75. TRANSITION FOR CURRENTLY CERTIFIED ADULT	141881
FOSTER HOMES	141882

On July 1, 2011, the certification of adult foster homes is	141883
transferred from the Department of Aging to the Department of	141884
Mental Health. A certification that was issued by the Director of	141885
Aging to an adult foster home under former section 175.36 of the	141886
Revised Code and that is current and valid on the effective date	141887
of section 5119.692 of the Revised Code, as enacted by this act,	141888
is deemed to be a certificate issued by the Director of Mental	141889
Health under those sections.	141890

Any business regarding the certification of adult foster	141891
homes commenced but not completed before July 1, 2011 shall be	141892
completed by the Department of Mental Health. The business shall	141893
be completed in the same manner, and with the same effect, as if	141894
completed by the Department of Aging immediately prior to July 1,	141895
2011.	141896

No validation, cure, right, privilege, remedy, obligation, or	141897
liability is lost or impaired by reason of this act's transfer of	141898
responsibility to the Department of Mental Health, from the	141899
Department of Aging, for the certification of adult foster homes.	141900

Each such validation, cure, right, privilege, remedy,	141901
obligation, or liability shall be administered by the Department	141902
of Mental Health pursuant to section 5119.692 of the Revised Code.	141903

All rules, orders, and determinations pertaining to the	141904
certification of adult foster homes as it was operated immediately	141905
prior to July 1, 2011 shall continue in effect as rules, orders,	141906
and determinations of the Department of Mental Health until	141907
modified or rescinded by the Department of Mental Health. If	141908
necessary to ensure the integrity of the numbering system of the	141909
Administrative Code, the Director of the Legislative Service	141910
Commission shall renumber the rules to reflect the transfer of the	141911
certification of adult foster homes from the Department of Aging	141912
to the Department of Mental Health.	141913

Any action or proceeding that is related to the functions or	141914
duties of the certification of adult foster homes pending on July	141915
1, 2011 is not affected by the transfer of the certification and	141916
shall be prosecuted or defended in the name of the Department of	141917
Mental Health. In all such actions and proceedings, the Department	141918
of Mental Health, on application to the court, shall be	141919
substituted as a party.	141920

Section 337.30.80. TRANSITION FOR CURRENTLY LICENSED ADULT	141921
CARE FACILITIES	141922

On July 1, 2011, the licensing of adult care facilities is	141923
transferred from the Department of Health to the Department of	141924
Mental Health. A license that was issued by the Director of Health	141925
to an adult care facility under former Chapter 3722. of the	141926
Revised Code and that is current and valid on the effective date	141927
of sections 5119.70 to 5119.88 of the Revised Code, as enacted by	141928
this act, is deemed to be a license issued by the Director of	141929
Mental Health under those sections.	141930

Any business regarding the licensing of adult care facilities	141931
commenced but not completed before July 1, 2011 shall be completed	141932
by the Department of Mental Health. The business shall be	141933
completed in the same manner, and with the same effect, as if	141934
completed by the Department of Health immediately prior to July 1,	141935
2011.	141936

No validation, cure, right, privilege, remedy, obligation, or	141937
liability is lost or impaired by reason of this act's transfer of	141938
responsibility to the Department of Mental Health, from the	141939
Department of Health, for the licensing of adult care facilities.	141940
Each such validation, cure, right, privilege, remedy, obligation,	141941
or liability shall be administered by the Department of Mental	141942
Health pursuant to sections 5119.70 to 5119.88 of the Revised	141943
Code.	141944

All rules, orders, and determinations pertaining to the	141945
licensing of adult care facilities as it was operated immediately	141946
prior to July 1, 2011 shall continue in effect as rules, orders,	141947
and determinations of the Department of Mental Health until	141948
modified or rescinded by the Department of Mental Health. If	141949
necessary to ensure the integrity of the numbering system of the	141950
Administrative Code, the Director of the Legislative Service	141951
Commission shall renumber the rules to reflect the transfer of the	141952
licensing of adult care facilities from the Department of Health	141953
to the Department of Mental Health.	141954

Any action or proceeding that is related to the functions or	141955
duties of the licensing of adult care facilities pending on July	141956
1, 2011 is not affected by the transfer of the licensing and shall	141957
be prosecuted or defended in the name of the Department of Mental	141958
Health. In all such actions and proceedings, the Department of	141959
Mental Health, on application to the court, shall be substituted	141960
as a party.	141961

Section 337.30.90. BEHAVIORAL HEALTH DOCUMENTATION REDUCTION

141962

(A) As used in this section:

141963

(1) "Community behavioral health services and programs" means	141964
both of the following:	141965

(a) Community mental health services certified by the	141966
Director of Mental Health under section 5119.611 of the Revised	141967
Code;	141968

(b) Alcohol and drug addiction programs certified by the	141969
Department of Alcohol and Drug Addiction Services under section	141970
3793.06 of the Revised Code.	141971

(2) "Residential facility" has the same meaning as in section	141972
5119.22 of the Revised Code.	141973

(B) Not later than December 31, 2011, the Directors of Mental	141974
Health and Alcohol and Drug Addiction Services, or their	141975
designees, shall, in consultation with persons interested in the	141976
issues of residential facilities and community behavioral health	141977
services and programs, do all of the following:	141978

(1) Identify areas of duplicative and unnecessary	141979
documentation requirements associated with licensing residential	141980
facilities and certifying community behavioral health services and	141981
programs;	141982

(2) Align the documentation standards of the Departments of	141983
Mental Health and Alcohol and Drug Addiction Services;	141984

(3) Streamline the Departments' standards regarding	141985
residential facilities and community behavioral health services	141986
and programs with federal standards;	141987

(4) Promote the integration of behavioral and physical health	141988
in residential facilities and community behavioral health services	141989
and programs.	141990

Section 337.40.10. TRANSFER FROM FACILITIES ESTABLISHMENT

141991

Notwithstanding Chapter 166. of the Revised Code, on July 1	141992
of each fiscal year, or as soon as possible thereafter, the	141993
Director of Budget and Management shall transfer $5 million cash	141994
from the Facilities Establishment Fund (Fund 7037) to the General	141995
Revenue Fund.	141996

Section 339.10. MIH COMMISSION ON MINORITY HEALTH

141997

General Revenue Fund	141998

GRF	149321	Operating Expenses	$	423,588	$	408,990	141999
GRF	149501	Minority Health Grants	$	1,061,600	$	1,061,600	142000
GRF	149502	Lupus Program	$	110,047	$	110,047	142001
TOTAL GRF General Revenue Fund			$	1,595,235	$	1,580,637	142002

Federal Special Revenue Fund Group	142003

3J90	149602	Federal Grants	$	140,000	$	140,000	142004
TOTAL FED Federal Special Revenue							142005
Fund Group			$	140,000	$	140,000	142006

State Special Revenue Fund Group	142007

4C20	149601	Minority Health Conference	$	25,000	$	25,000	142008
TOTAL SSR State Special Revenue							142009
Fund Group			$	25,000	$	25,000	142010
TOTAL ALL BUDGET FUND GROUPS			$	1,760,235	$	1,745,637	142011

Section 341.10. CRB MOTOR VEHICLE COLLISION REPAIR	142013
REGISTRATION BOARD	142014

General Services Fund Group	142015

4K90	865601	Operating Expenses	$	331,841	$	324,292	142016
TOTAL GSF General Services							142017
Fund Group			$	331,841	$	324,292	142018
TOTAL ALL BUDGET FUND GROUPS			$	331,841	$	324,292	142019

Section 343.10. DNR DEPARTMENT OF NATURAL RESOURCES

142021

General Revenue Fund	142022

GRF	725401	Wildlife-GRF Central Support	$	1,800,000	$	1,800,000	142023
GRF	725413	Lease Rental Payments	$	20,568,600	$	19,734,700	142024
GRF	725456	Canal Lands	$	135,000	$	135,000	142025
GRF	725502	Soil and Water Districts	$	2,900,000	$	2,900,000	142026
GRF	725903	Natural Resources General Obligation Debt Service	$	5,375,300	$	25,209,100	142027
GRF	727321	Division of Forestry	$	4,878,338	$	4,880,000	142028
GRF	729321	Office of Information Technology	$	194,118	$	197,117	142029
GRF	730321	Division of Parks and Recreation	$	30,000,000	$	30,000,000	142030
GRF	736321	Division of Engineering	$	3,024,459	$	3,025,078	142031
GRF	737321	Division of Soil and Water Resources	$	4,982,961	$	4,983,356	142032
GRF	741321	Division of Natural Areas and Preserves	$	1,200,000	$	1,200,000	142033
TOTAL GRF General Revenue Fund			$	75,058,776	$	94,064,351	142034

General Services Fund Group	142035

1550	725601	Departmental Projects	$	3,365,651	$	2,725,484	142036
1570	725651	Central Support Indirect	$	5,854,167	$	5,857,800	142037
2040	725687	Information Services	$	4,659,276	$	4,643,835	142038
2070	725690	Real Estate Services	$	50,000	$	50,000	142039
2230	725665	Law Enforcement Administration	$	2,106,776	$	2,126,432	142040
2270	725406	Parks Projects Personnel	$	436,500	$	436,500	142041
4300	725671	Canal Lands	$	907,618	$	907,879	142042
4D50	725618	Recycled Materials	$	50,000	$	50,000	142043
4S90	725622	NatureWorks Personnel	$	400,358	$	400,358	142044
4X80	725662	Water Resources Council	$	138,011	$	138,005	142045
5100	725631	Maintenance - State-owned Residences	$	303,611	$	303,611	142046
5160	725620	Water Management	$	2,541,565	$	2,559,292	142047
6350	725664	Fountain Square Facilities Management	$	3,544,623	$	3,548,445	142048
6970	725670	Submerged Lands	$	836,162	$	848,546	142049
TOTAL GSF General Services							142050
Fund Group			$	25,194,318	$	24,596,187	142051

Federal Special Revenue Fund Group	142052

3320	725669	Federal Mine Safety Grant	$	258,102	$	258,102	142053
3B30	725640	Federal Forest Pass-Thru	$	600,000	$	600,000	142054
3B40	725641	Federal Flood Pass-Thru	$	600,000	$	600,000	142055
3B50	725645	Federal Abandoned Mine Lands	$	21,007,667	$	21,207,667	142056
3B60	725653	Federal Land and Water Conservation Grants	$	1,150,000	$	1,150,000	142057
3B70	725654	Reclamation - Regulatory	$	3,200,000	$	3,200,000	142058
3P10	725632	Geological Survey - Federal	$	692,401	$	692,401	142059
3P20	725642	Oil and Gas-Federal	$	234,509	$	234,509	142060
3P30	725650	Coastal Management - Federal	$	3,290,633	$	3,290,633	142061
3P40	725660	Federal - Soil and Water Resources	$	1,213,048	$	1,209,957	142062
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	2,025,001	$	2,025,001	142063
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	142064
TOTAL FED Federal Special Revenue							142065
Fund Group			$	36,121,361	$	36,318,270	142066

State Special Revenue Fund Group	142067

4J20	725628	Injection Well Review	$	130,899	$	128,466	142068
4M70	725686	Wildfire Suppression	$	100,000	$	100,000	142069
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	142070
5090	725602	State Forest	$	7,891,747	$	7,058,793	142071
5110	725646	Ohio Geological Mapping	$	704,777	$	705,130	142072
5120	725605	State Parks Operations	$	32,284,117	$	31,550,444	142073
5140	725606	Lake Erie Shoreline	$	1,502,654	$	1,505,983	142074
5180	725643	Oil and Gas Permit Fees	$	5,821,970	$	5,623,645	142075
5180	725677	Oil and Gas Well Plugging	$	800,000	$	800,000	142076
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	142077
5220	725656	Natural Areas and Preserves	$	546,580	$	546,639	142078
5260	725610	Strip Mining Administration Fee	$	2,000,000	$	2,000,000	142079
5270	725637	Surface Mining Administration	$	1,940,977	$	1,941,532	142080
5290	725639	Unreclaimed Land Fund	$	2,004,180	$	2,004,180	142081
5310	725648	Reclamation Forfeiture	$	1,423,000	$	1,423,000	142082
5320	725644	Litter Control and Recycling	$	4,926,730	$	4,911,575	142083
5860	725633	Scrap Tire Program	$	1,497,645	$	1,497,645	142084
5B30	725674	Mining Regulation	$	28,135	$	28,135	142085
5BV0	725658	Heidelberg Water Quality Lab	$	250,000	$	250,000	142086
5BV0	725683	Soil and Water Districts	$	8,000,000	$	8,000,000	142087
5CU0	725647	Mine Safety	$	3,000,000	$	3,000,000	142088
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	142089
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	142090
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	142091
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	142092
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	142093
5HK0	725625	Ohio Nature Preserves	$	1,000	$	1,000	142094
6150	725661	Dam Safety	$	925,344	$	926,028	142095
TOTAL SSR State Special Revenue							142096
Fund Group			$	76,073,745	$	74,296,185	142097

Clean Ohio Conservation Fund Group	142098

7061	725405		Clean Ohio Operating		$	300,775		$	300,775		142099
TOTAL CLF Clean Ohio Conservation Fund Group					$	300,775		$	300,775		142100

Wildlife Fund Group	142101

5P20	725634	Wildlife Boater Angler Administration	$	4,000,000	$	4,000,000	142102
7015	740401	Division of Wildlife Conservation	$	52,721,044	$	51,669,158	142103
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	142104
8160	725649	Wetlands Habitat	$	966,885	$	966,885	142105
8170	725655	Wildlife Conservation Checkoff Fund	$	3,240,000	$	3,240,000	142106
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	142107
8190	725685	Ohio River Management	$	128,584	$	128,584	142108
TOTAL WLF Wildlife Fund Group			$	62,676,962	$	61,625,076	142109

Waterways Safety Fund Group	142110

7086	725414	Waterways Improvement	$	5,692,601	$	5,693,671	142111
7086	725418	Buoy Placement	$	52,182	$	52,182	142112
7086	725501	Waterway Safety Grants	$	120,000	$	120,000	142113
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	142114
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	142115
7086	739401	Division of Watercraft	$	18,040,593	$	17,552,370	142116
TOTAL WSF Waterways Safety Fund							142117
Group			$	24,848,172	$	24,361,019	142118

Accrued Leave Liability Fund Group	142119

4M80	725675	FOP Contract	$	20,219	$	20,219	142120
TOTAL ALF Accrued Leave							142121
Liability Fund Group			$	20,219	$	20,219	142122

Holding Account Redistribution Fund Group	142123

R017	725659	Performance Cash Bond Refunds	$	296,263	$	296,263	142124
R043	725624	Forestry	$	2,000,000	$	2,154,750	142125
TOTAL 090 Holding Account							142126
Redistribution Fund Group			$	2,296,263	$	2,451,013	142127
TOTAL ALL BUDGET FUND GROUPS			$	302,590,591	$	318,033,095	142128

Section 343.20. CENTRAL SUPPORT INDIRECT

142130

With the exception of the Division of Wildlife, whose direct	142131
and indirect central support charges shall be paid out of the	142132
General Revenue Fund from the foregoing appropriation item 725401,	142133
Wildlife-GRF Central Support, the Department of Natural Resources,	142134
with approval of the Director of Budget and Management, shall	142135
utilize a methodology for determining each division's payments	142136
into the Central Support Indirect Fund (Fund 1570). The	142137
methodology used shall contain the characteristics of	142138
administrative ease and uniform application in compliance with	142139
federal grant requirements. It may include direct cost charges for	142140
specific services provided. Payments to Fund 1570 shall be made	142141
using an intrastate transfer voucher.	142142

Section 343.30. WELL LOG FILING FEES

142143

The Chief of the Division of Soil and Water Resources shall	142144
deposit fees forwarded to the Division pursuant to section 1521.05	142145
of the Revised Code into the Departmental Services – Intrastate	142146
Fund (Fund 1550) for the purposes described in that section.	142147

Section 343.40. LEASE RENTAL PAYMENTS

142148

The foregoing appropriation item 725413, Lease Rental	142149
Payments, shall be used to meet all payments at the times they are	142150
required to be made during the period from July 1, 2011, through	142151
June 30, 2013, by the Department of Natural Resources pursuant to	142152
leases and agreements made under section 154.22 of the Revised	142153
Code. These appropriations are the source of funds pledged for	142154
bond service charges or obligations issued pursuant to Chapter	142155
154. of the Revised Code.	142156

CANAL LANDS

142157

The foregoing appropriation item 725456, Canal Lands, shall	142158
be used to transfer funds to the Canal Lands Fund (Fund 4300) to	142159
provide operating expenses for the State Canal Lands Program. The	142160
transfer shall be made using an intrastate transfer voucher and	142161
shall be subject to the approval of the Director of Budget and	142162
Management.	142163

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

142164

The foregoing appropriation item 725903, Natural Resources	142165
General Obligation Debt Service, shall be used to pay all debt	142166
service and related financing costs during the period July 1,	142167
2011, through June 30, 2013, on obligations issued under sections	142168
151.01 and 151.05 of the Revised Code.	142169

Section 343.40.10. LAW ENFORCEMENT ADMINISTRATION

142170

The foregoing appropriation item 725665, Law Enforcement	142171
Administration, shall be used to cover the cost of support,	142172
coordination, and oversight of the Department of Natural	142173
Resources' law enforcement functions. The Law Enforcement	142174
Administration Fund (Fund 2230) shall consist of cash transferred	142175
to it via intrastate transfer voucher from other funds as	142176
determined by the Director of Natural Resources and the Director	142177
of Budget and Management.	142178

Section 343.40.20. FOUNTAIN SQUARE

142179

The foregoing appropriation item 725664, Fountain Square	142180
Facilities Management, shall be used for payment of repairs,	142181
renovation, utilities, property management, and building	142182
maintenance expenses for the Fountain Square complex. Cash	142183
transferred by intrastate transfer vouchers from various	142184
department funds and rental income received by the Department of	142185
Natural Resources shall be deposited into the Fountain Square	142186
Facilities Management Fund (Fund 6350).	142187

Section 343.40.30. SOIL AND WATER DISTRICTS

142188

In addition to state payments to soil and water conservation	142189
districts authorized by section 1515.10 of the Revised Code, the	142190
Department of Natural Resources may use appropriation item 725683,	142191
Soil and Water Districts, to pay any soil and water conservation	142192
district an annual amount not to exceed $40,000, upon receipt of a	142193
request and justification from the district and approval by the	142194
Ohio Soil and Water Conservation Commission. The county auditor	142195
shall credit the payments to the special fund established under	142196
section 1515.10 of the Revised Code for the local soil and water	142197
conservation district. Moneys received by each district shall be	142198
expended for the purposes of the district.	142199

TRANSFER OF FUNDS FOR OIL AND GAS DIVISION OPERATIONS

142200

During fiscal years 2012 and 2013, the Director of Budget and	142201
Management may, in consultation with the Director of Natural	142202
Resources, transfer such cash as necessary from the General	142203
Revenue Fund to the Oil and Gas Well Fund (Fund 5180) for handling	142204
the increased regulatory work related to the expansion of oil and	142205
gas drilling that will occur before receipts from this activity	142206
are deposited into Fund 5180. Once funds from severance taxes,	142207
application and permitting fees, and other sources have accrued to	142208
Fund 5180 in such amounts as are deemed sufficient to sustain	142209
expanded operations, the Director of Budget and Management, in	142210
consultation with the Director of Natural Resources, shall	142211
establish a schedule for repaying the transferred funds from Fund	142212
5180 to the General Revenue Fund.	142213

OIL AND GAS WELL PLUGGING

142214

The foregoing appropriation item 725677, Oil and Gas Well	142215
Plugging, shall be used exclusively for the purposes of plugging	142216
wells and to properly restore the land surface of idle and orphan	142217
oil and gas wells pursuant to section 1509.071 of the Revised	142218
Code. No funds from the appropriation item shall be used for	142219
salaries, maintenance, equipment, or other administrative	142220
purposes, except for those costs directly attributed to the	142221
plugging of an idle or orphan well. This appropriation item shall	142222
not be used to transfer cash to any other fund or appropriation	142223
item.	142224

LITTER CONTROL AND RECYCLING

142225

Of the foregoing appropriation item 725644, Litter Control	142226
and Recycling, up to $1,500,000 may be used in each fiscal year	142227
for the administration of the Recycling and Litter Prevention	142228
Program.	142229

Section 343.40.40. CLEAN OHIO OPERATING EXPENSES

142230

The foregoing appropriation item 725405, Clean Ohio	142231
Operating, shall be used by the Department of Natural Resources in	142232
administering Clean Ohio Trail Fund (Fund 7061) projects pursuant	142233
to section 1519.05 of the Revised Code.	142234

Section 343.40.50. WATERCRAFT MARINE PATROL

142235

Of the foregoing appropriation item 739401, Division of	142236
Watercraft, up to $200,000 in each fiscal year shall be expended	142237
for the purchase of equipment for marine patrols qualifying for	142238
funding from the Department of Natural Resources pursuant to	142239
section 1547.67 of the Revised Code. Proposals for equipment shall	142240
accompany the submission of documentation for receipt of a marine	142241
patrol subsidy pursuant to section 1547.67 of the Revised Code and	142242
shall be loaned to eligible marine patrols pursuant to a	142243
cooperative agreement between the Department of Natural Resources	142244
and the eligible marine patrol.	142245

Section 343.40.60. TRANSFER FOR CAESAR CREEK MARINA

142246

On July 1, 2011, or as soon as possible thereafter, the	142247
Director of Natural Resources may request the Director of Budget	142248
and Management to transfer up to $4,000,000 in cash from the	142249
Watercraft Revolving Loan Fund (Fund 5AW0) to the Waterways Safety	142250
Fund (Fund 7086) to support a marina project at Caesar Creek State	142251
Park.	142252

Section 343.50. PARKS CAPITAL EXPENSES FUND

142253

The Director of Natural Resources shall submit to the	142254
Director of Budget and Management the estimated design,	142255
engineering, and planning costs of capital-related work to be done	142256
by Department of Natural Resources staff for parks projects within	142257
the Ohio Parks and Recreation Improvement Fund (Fund 7035). If the	142258
Director of Budget and Management approves the estimated costs,	142259
the Director may release appropriations from appropriation item	142260
C725E6, Project Planning, Fund 7035, for those purposes. Upon	142261
release of the appropriations, the Department of Natural Resources	142262
shall pay for these expenses from the Parks Capital Expenses Fund	142263
(Fund 2270). Expenses paid from Fund 2270 shall be reimbursed by	142264
Fund 7035 using an intrastate transfer voucher.	142265

NATUREWORKS CAPITAL EXPENSES FUND

142266

The Department of Natural Resources shall periodically	142267
prepare and submit to the Director of Budget and Management the	142268
estimated design, planning, and engineering costs of	142269
capital-related work to be done by Department of Natural Resources	142270
staff for each capital improvement project within the Ohio Parks	142271
and Natural Resources Fund (Fund 7031). If the Director of Budget	142272
and Management approves the estimated costs, the Director may	142273
release appropriations from appropriation item C725E5, Project	142274
Planning, in Fund 7031, for those purposes. Upon release of the	142275
appropriations, the Department of Natural Resources shall pay for	142276
these expenses from the Capital Expenses Fund (Fund 4S90).	142277
Expenses paid from Fund 4S90 shall be reimbursed by Fund 7031 by	142278
using an intrastate transfer voucher.	142279

Section 345.10. NUR STATE BOARD OF NURSING

142280

General Services Fund Group	142281

4K90	884609	Operating Expenses	$	6,943,322	$	6,680,896	142282
5AC0	884602	Nurse Education Grant Program	$	1,373,506	$	1,373,506	142283
5P80	884601	Nursing Special Issues	$	5,000	$	5,000	142284
TOTAL GSF General Services							142285
Fund Group			$	8,321,828	$	8,059,402	142286
TOTAL ALL BUDGET FUND GROUPS			$	8,321,828	$	8,059,402	142287

Section 347.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	142289
AND ATHLETIC TRAINERS BOARD	142290

General Services Fund Group	142291

4K90	890609	Operating Expenses	$	874,087	$	866,169	142292
TOTAL GSF General Services Fund Group			$	874,087	$	866,169	142293
TOTAL ALL BUDGET FUND GROUPS			$	874,087	$	866,169	142294

Section 349.10. OLA OHIOANA LIBRARY ASSOCIATION

142296

General Revenue Fund	142297

GRF	355501	Library Subsidy	$	120,000	$	120,000	142298
TOTAL GRF General Revenue Fund			$	120,000	$	120,000	142299
TOTAL ALL BUDGET FUND GROUPS			$	120,000	$	120,000	142300

Section 351.10. ODB OHIO OPTICAL DISPENSERS BOARD

142302

General Services Fund Group	142303

4K90	894609	Operating Expenses	$	357,039	$	347,300	142304
TOTAL GSF General Services							142305
Fund Group			$	357,039	$	347,300	142306
TOTAL ALL BUDGET FUND GROUPS			$	357,039	$	347,300	142307

Section 353.10. OPT STATE BOARD OF OPTOMETRY

142309

General Services Fund Group	142310

4K90	885609	Operating Expenses	$	356,914	$	347,278	142311
TOTAL GSF General Services							142312
Fund Group			$	356,914	$	347,278	142313
TOTAL ALL BUDGET FUND GROUPS			$	356,914	$	347,278	142314

Section 355.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS,	142316
AND PEDORTHICS	142317

General Services Fund Group	142318

4K90	973609	Operating Expenses	$	126,340	$	114,218	142319
TOTAL GSF General Services							142320
Fund Group			$	126,340	$	114,218	142321
TOTAL ALL BUDGET FUND GROUPS			$	126,340	$	114,218	142322

Section 357.10. UST PETROLEUM UNDERGROUND STORAGE TANK	142323
RELEASE COMPENSATION BOARD	142324

Agency Fund Group	142325

6910	810632	PUSTRCB Staff	$	1,162,179	$	1,123,014	142326
TOTAL AGY Agency Fund Group			$	1,162,179	$	1,123,014	142327
TOTAL ALL BUDGET FUND GROUPS			$	1,162,179	$	1,123,014	142328

Section 359.10. PRX STATE BOARD OF PHARMACY

142330

General Services Fund Group	142331

4A50	887605	Drug Law Enforcement	$	150,000	$	150,000	142332
4K90	887609	Operating Expenses	$	6,608,498	$	6,701,285	142333
TOTAL GSF General Services Fund Group			$	6,758,498	$	6,851,285	142334

Federal Special Revenue Fund Group	142335

3CT0	887606	2008 Developing/Enhancing PMP	$	70,775	$	0	142336
3DV0	887607	Enhancing Ohio's PMP	$	169,888	$	2,379	142337
3EY0	887603	Administration of PMIX Hub	$	320,637	$	66,335	142338
3EZ0	887610	NASPER 10	$	164,459		27,710	142339
TOTAL FED Federal Special Revenue Fund Group			$	725,759	$	96,424	142340
TOTAL ALL BUDGET FUND GROUPS			$	7,484,257	$	6,947,709	142341

Section 361.10. PSY STATE BOARD OF PSYCHOLOGY

142343

General Services Fund Group	142344

4K90	882609	Operating Expenses	$	525,394	$	535,406	142345
TOTAL GSF General Services							142346
Fund Group			$	525,394	$	535,406	142347
TOTAL ALL BUDGET FUND GROUPS			$	525,394	$	535,406	142348

Section 363.10. PUB OHIO PUBLIC DEFENDER COMMISSION

142350

General Revenue Fund	142351

GRF	019401	State Legal Defense Services	$	2,610,272	$	3,020,855	142352
GRF	019403	Multi-County: State Share	$	338,931	$	406,626	142353
GRF	019404	Trumbull County - State Share	$	99,321	$	119,158	142354
GRF	019405	Training Account	$	50,000	$	50,000	142355
GRF	019501	County Reimbursement	$	2,565,398	$	3,077,786	142356
TOTAL GRF General Revenue Fund			$	5,663,922	$	6,674,425	142357

General Services Fund Group	142358

4070	019604	County Representation	$	231,076	$	231,754	142359
4080	019605	Client Payments	$	1,052,919	$	953,492	142360
5CX0	019617	Civil Case Filing Fee	$	708,654	$	705,713	142361
TOTAL GSF General Services							142362
Fund Group			$	1,992,649	$	1,890,959	142363

Federal Special Revenue Fund Group	142364

3S80	019608	Federal Representation	$	341,733	$	263,431	142365
TOTAL FED Federal Special Revenue							142366
Fund Group			$	341,733	$	263,431	142367

State Special Revenue Fund Group	142368

4C70	019601	Multi-County: County Share	$	3,324,009	$	3,333,014	142369
4N90	019613	Gifts and Grants	$	35,000	$	35,000	142370
4X70	019610	Trumbull County - County Share	$	974,069	$	976,612	142371
5740	019606	Civil Legal Aid	$	24,000,000	$	27,000,000	142372
5DY0	019618	Indigent Defense Support - County Share	$	42,195,000	$	43,125,000	142373
5DY0	019619	Indigent Defense Support Fund - State Office	$	6,521,723	$	6,096,759	142374
TOTAL SSR State Special Revenue							142375
Fund Group			$	77,049,801	$	80,566,385	142376
TOTAL ALL BUDGET FUND GROUPS			$	85,048,105	$	89,395,200	142377

INDIGENT DEFENSE OFFICE

142378

The foregoing appropriation items 019404, Trumbull County -	142379
State Share, and 019610, Trumbull County - County Share, shall be	142380
used to support an indigent defense office for Trumbull County.	142381

MULTI-COUNTY OFFICE

142382

The foregoing appropriation items 019403, Multi-County: State	142383
Share, and 019601, Multi-County: County Share, shall be used to	142384
support the Office of the Ohio Public Defender's Multi-County	142385
Branch Office Program.	142386

TRAINING ACCOUNT

142387

The foregoing appropriation item 019405, Training Account,	142388
shall be used by the Ohio Public Defender to provide legal	142389
training programs at no cost for private appointed counsel who	142390
represent at least one indigent defendant at no cost and for state	142391
and county public defenders and attorneys who contract with the	142392
Ohio Public Defender to provide indigent defense services.	142393

FEDERAL REPRESENTATION

142394

The foregoing appropriation item 019608, Federal	142395
Representation, shall be used to receive reimbursements from the	142396
federal courts when the Ohio Public Defender provides	142397
representation in federal court cases and to support	142398
representation in such cases.	142399

Section 365.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

142400

General Services Fund Group	142401

5F60	870622	Utility and Railroad Regulation	$	30,637,234	$	31,638,708	142402
5F60	870624	NARUC/NRRI Subsidy	$	158,000	$	158,000	142403
5F60	870625	Motor Transportation Regulation	$	4,976,641	$	5,971,218	142404
5Q50	870626	Telecommunications Relay Service	$	5,000,000	$	5,000,000	142405
TOTAL GSF General Services							142406
Fund Group			$	40,771,875	$	42,767,926	142407

Federal Special Revenue Fund Group	142408

3330	870601	Gas Pipeline Safety	$	597,959	$	597,959	142409
3500	870608	Motor Carrier Safety	$	7,351,660	$	7,351,660	142410
3CU0	870627	Electric Market Modeling	$	91,183	$	0	142411
3EA0	870630	Energy Assurance Planning	$	384,000	$	384,000	142412
3ED0	870631	State Regulators Assistance	$	231,824	$	231,824	142413
3V30	870604	Commercial Vehicle Information Systems/Networks	$	100,000	$	100,000	142414
TOTAL FED Federal Special Revenue							142415
Fund Group			$	8,756,626	$	8,665,443	142416

State Special Revenue Fund Group	142417

4A30	870614	Grade Crossing Protection Devices-State	$	1,347,357	$	1,347,357	142418
4L80	870617	Pipeline Safety-State	$	181,992	$	181,992	142419
4S60	870618	Hazardous Material Registration	$	450,395	$	450,395	142420
4S60	870621	Hazardous Materials Base State Registration	$	373,346	$	373,346	142421
4U80	870620	Civil Forfeitures	$	277,347	$	277,496	142422
5590	870605	Public Utilities Territorial Administration	$	3,880	$	3,880	142423
5600	870607	Special Assessment	$	97,000	$	97,000	142424
5610	870606	Power Siting Board	$	631,508	$	631,618	142425
5BP0	870623	Wireless 9-1-1 Administration	$	36,440,000	$	18,220,000	142426
5HD0	870629	Radioactive Waste Transportation	$	98,800	$	98,800	142427
6380	870611	Biofuels/Municipal Waste Technology	$	570	$	0	142428
6610	870612	Hazardous Materials Transportation	$	898,800	$	898,800	142429
TOTAL SSR State Special Revenue							142430
Fund Group			$	40,800,995	$	22,580,684	142431
TOTAL ALL BUDGET FUND GROUPS			$	90,329,496	$	74,014,053	142432

COMMUNITY-VOICEMAIL SERVICE PILOT PROGRAM

142433

The Community-voicemail Service Pilot Program assessments	142434
authorized by Section 6 of Sub. S.B. 162 of the 128th General	142435
Assembly shall cease. These assessments shall be refunded without	142436
interest to those assessed under the program by the Public	142437
Utilities Commission within 60 days of the effective date of this	142438
section.	142439

Section 367.10. PWC PUBLIC WORKS COMMISSION

142440

General Revenue Fund	142441

GRF	150904	Conservation General Obligation Debt Service	$	21,953,000	$	29,297,300	142442
GRF	150907	State Capital Improvements	$	106,770,600	$	215,571,100	142443
		General Obligation Debt Service					142444
TOTAL GRF General Revenue Fund			$	128,723,600	$	244,868,400	142445

Clean Ohio Conservation Fund Group	142446

7056	150403		Clean Ohio Operating Expenses		$	300,000		$	288,980		142447
TOTAL 056 Clean Ohio Conservation Fund Group					$	300,000		$	288,980		142448

TOTAL ALL BUDGET FUND GROUPS

129,023,600

245,157,380

142449

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

142450

The foregoing appropriation item 150904, Conservation General	142451
Obligation Debt Service, shall be used to pay all debt service and	142452
related financing costs during the period from July 1, 2011,	142453
through June 30, 2013, at the times they are required to be made	142454
for obligations issued under sections 151.01 and 151.09 of the	142455
Revised Code.	142456

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

142457

The foregoing appropriation item 150907, State Capital	142458
Improvements General Obligation Debt Service, shall be used to pay	142459
all debt service and related financing costs during the period	142460
from July 1, 2011, through June 30, 2013, at the times they are	142461
required to be made for obligations issued under sections 151.01	142462
and 151.08 of the Revised Code.	142463

CLEAN OHIO OPERATING EXPENSES

142464

The foregoing appropriation item 150403, Clean Ohio Operating	142465
Expenses, shall be used by the Ohio Public Works Commission in	142466
administering Clean Ohio Conservation Fund (Fund 7056) projects	142467
pursuant to sections 164.20 to 164.27 of the Revised Code.	142468

REIMBURSEMENT TO THE GENERAL REVENUE FUND

142469

(A) On or before July 15, 2013, the Director of the Public	142470
Works Commission shall certify to the Director of Budget and	142471
Management the following:	142472

(1) The total amount disbursed from appropriation item	142473
700409, Farmland Preservation, during the FY 2012-FY 2013	142474
biennium; and	142475

(2) The amount of interest earnings that have been credited	142476
to the Clean Ohio Conservation Fund (Fund 7056) that are in excess	142477
of the amount needed for other purposes as calculated by the	142478
Director of the Public Works Commission.	142479

(B) If the Director of Budget and Management determines under	142480
division (A)(2) of this section that there are excess interest	142481
earnings, the Director of Budget and Management shall, on or	142482
before July 15, 2013, transfer the excess interest earnings to the	142483
General Revenue Fund in an amount equal to the total amount	142484
disbursed under division (A)(1) of this section from the Clean	142485
Ohio Conservation Fund (Fund 7056).	142486

Section 369.10. RAC STATE RACING COMMISSION

142487

State Special Revenue Fund Group	142488

5620	875601	Thoroughbred Race Fund	$	1,796,328	$	1,696,456	142489
5630	875602	Standardbred Development Fund	$	1,697,418	$	1,697,452	142490
5640	875603	Quarter Horse Development Fund	$	1,000	$	1,000	142491
5650	875604	Racing Commission Operating	$	3,095,331	$	2,934,178	142492
5C40	875607	Simulcast Horse Racing Purse	$	12,000,000	$	12,000,000	142493
TOTAL SSR State Special Revenue							142494
Fund Group			$	18,590,078	$	18,329,087	142495

Holding Account Redistribution Fund Group	142496

R021	875605	Bond Reimbursements	$	100,000	$	100,000	142497
TOTAL 090 Holding Account Redistribution							142498
Fund Group			$	100,000	$	100,000	142499
TOTAL ALL BUDGET FUND GROUPS			$	18,690,078	$	18,429,087	142500

Section 371.10. BOR BOARD OF REGENTS

142502

General Revenue Fund	142503

GRF	235321	Operating Expenses	$	2,300,000	$	2,300,000	142504
GRF	235401	Lease Rental Payments	$	83,151,600	$	57,634,400	142505
GRF	235402	Sea Grants	$	285,000	$	285,000	142506
GRF	235406	Articulation and Transfer	$	2,000,000	$	2,000,000	142507
GRF	235408	Midwest Higher Education Compact	$	95,000	$	95,000	142508
GRF	235409	Information System	$	800,000	$	800,000	142509
GRF	235414	State Grants and Scholarship Administration	$	1,230,000	$	1,230,000	142510
GRF	235417	Ohio Learning Network	$	2,532,688	$	2,532,688	142511
GRF	235428	Appalachian New Economy Partnership	$	737,366	$	737,366	142512
GRF	235433	Economic Growth Challenge	$	440,000	$	440,000	142513
GRF	235438	Choose Ohio First Scholarship	$	15,750,085	$	15,750,085	142514
GRF	235443	Adult Basic and Literacy Education - State	$	7,302,416	$	7,302,416	142515
GRF	235444	Post-Secondary Adult Career-Technical Education	$	15,317,547	$	15,317,547	142516
GRF	235474	Area Health Education Centers Program Support	$	900,000	$	900,000	142517
GRF	235501	State Share of Instruction	$	1,735,530,031	$	1,751,225,497	142518
GRF	235502	Student Support Services	$	632,974	$	632,974	142519
GRF	235504	War Orphans Scholarships	$	4,787,833	$	4,787,833	142520
GRF	235507	OhioLINK	$	6,100,000	$	6,100,000	142521
GRF	235508	Air Force Institute of Technology	$	1,740,803	$	1,740,803	142522
GRF	235510	Ohio Supercomputer Center	$	3,347,418	$	3,347,418	142523
GRF	235511	Cooperative Extension Service	$	22,220,910	$	22,220,910	142524
GRF	235514	Central State Supplement	$	11,503,651	$	10,928,468	142525
GRF	235515	Case Western Reserve University School of Medicine	$	2,146,253	$	2,146,253	142526
GRF	235519	Family Practice	$	3,166,185	$	3,166,185	142527
GRF	235520	Shawnee State Supplement	$	2,448,523	$	2,326,097	142528
GRF	235524	Police and Fire Protection	$	107,814	$	107,814	142529
GRF	235525	Geriatric Medicine	$	522,151	$	522,151	142530
GRF	235526	Primary Care Residencies	$	1,500,000	$	1,500,000	142531
GRF	235535	Ohio Agricultural Research and Development Center	$	33,100,000	$	33,100,000	142532
GRF	235536	The Ohio State University Clinical Teaching	$	9,668,941	$	9,668,941	142533
GRF	235537	University of Cincinnati Clinical Teaching	$	7,952,573	$	7,952,573	142534
GRF	235538	University of Toledo Clinical Teaching	$	6,198,600	$	6,198,600	142535
GRF	235539	Wright State University Clinical Teaching	$	3,011,400	$	3,011,400	142536
GRF	235540	Ohio University Clinical Teaching	$	2,911,212	$	2,911,212	142537
GRF	235541	Northeast Ohio Medical University Clinical Teaching	$	2,994,178	$	2,994,178	142538
GRF	235552	Capital Component	$	20,638,274	$	20,638,274	142539
GRF	235555	Library Depositories	$	1,440,342	$	1,440,342	142540
GRF	235556	Ohio Academic Resources Network	$	3,172,519	$	3,172,519	142541
GRF	235558	Long-term Care Research	$	195,300	$	195,300	142542
GRF	235563	Ohio College Opportunity Grant	$	80,284,265	$	80,284,265	142543
GRF	235572	The Ohio State University Clinic Support	$	766,533	$	766,533	142544
GRF	235599	National Guard Scholarship Program	$	16,912,271	$	18,143,293	142545
GRF	235909	Higher Education General Obligation Debt Service	$	108,262,500	$	201,555,000	142546
TOTAL GRF General Revenue Fund			$	2,226,105,156	$	2,310,109,335	142547

General Services Fund Group	142548

2200	235614	Program Approval and Reauthorization	$	1,311,567	$	1,457,959	142549
4560	235603	Sales and Services	$	199,250	$	199,250	142550
5JC0	235649	Co-op Internship Program	$	12,000,000	$	12,000,000	142551
5JC0	235667	Ohio College Opportunity Grant-Proprietary	$	6,000,000	$	6,000,000	142552
5JC0	235668	Air Force Institute of Technology - Defense/Aerospace Graduate Studies Institute	$	4,000,000	$	4,000,000	142553
TOTAL GSF General Services							142554
Fund Group			$	23,510,817	$	23,657,209	142555

Federal Special Revenue Fund Group	142556

3120	235609	Tech Prep	$	183,850	$	183,850	142557
3120	235611	Gear-up Grant	$	3,900,000	$	3,900,000	142558
3120	235612	Carl D. Perkins Grant/Plan Administration	$	912,961	$	912,961	142559
3120	235617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	142560
3120	235641	Adult Basic and Literacy Education - Federal	$	14,835,671	$	14,835,671	142561
3120	235659	Race to the Top Scholarship Program	$	2,400,000	$	3,780,000	142562
3120	235660	Race to the Top Educator Preparation Reform Initiative	$	448,000	$	1,120,000	142563
3120	235661	Americorps Grant	$	260,000	$	260,000	142564
3H20	235608	Human Services Project	$	3,500,000	$	3,500,000	142565
3N60	235638	College Access Challenge Grant	$	4,381,431	$	4,381,431	142566
TOTAL FED Federal Special Revenue							142567
Fund Group			$	34,021,913	$	36,073,913	142568

State Special Revenue Fund Group	142569

4E80	235602	Higher Educational Facility Commission Administration	$	29,100	$	29,100	142570
5FR0	235640	Joyce Foundation Grant	$	919,719	$	919,719	142571
5FR0	235647	Developmental Education Initiatives	$	135,000	$	135,000	142572
5FR0	235657	Win-Win Grant	$	37,000	$	15,000	142573
5P30	235663	Variable Savings Plan	$	8,946,994	$	9,072,136	142574
6450	235664	Guaranteed Savings Plan	$	900,293	$	907,514	142575
6820	235606	Nursing Loan Program	$	891,320	$	891,320	142576
TOTAL SSR State Special Revenue							142577
Fund Group			$	11,859,426	$	11,969,789	142578

Third Frontier Research & Development Fund Group	142579

7011	235634	Research Incentive Third Frontier Fund	$	8,000,000	$	8,000,000	142580
TOTAL 011 Third Frontier Research & Development Fund Group			$	8,000,000	$	8,000,000	142581
TOTAL ALL BUDGET FUND GROUPS			$	2,303,497,312	$	2,389,810,246	142582

Section 371.10.10. LEASE RENTAL PAYMENTS

142584

The foregoing appropriation item 235401, Lease Rental	142585
Payments, shall be used to meet all payments at the times they are	142586
required to be made during the period from July 1, 2011, through	142587
June 30, 2013, by the Chancellor of the Board of Regents under	142588
leases and agreements made under section 154.21 of the Revised	142589
Code. These appropriations are the source of funds pledged for	142590
bond service charges or obligations issued pursuant to Chapter	142591
154. of the Revised Code.	142592

Section 371.10.20. SEA GRANTS

142593

The foregoing appropriation item 235402, Sea Grants, shall be	142594
used as required matching Funds by The Ohio State University's Sea	142595
Grant program to enhance the economic value, public utilization,	142596
and responsible management of Lake Erie and Ohio's coastal	142597
resources.	142598

Section 371.10.30. ARTICULATION AND TRANSFER

142599

The foregoing appropriation item 235406, Articulation and	142600
Transfer, shall be used by the Chancellor of the Board of Regents	142601
to maintain and expand the work of the Articulation and Transfer	142602
Council to develop a system of transfer policies to ensure that	142603
students at state institutions of higher education can transfer	142604
and have coursework apply to their majors and degrees at any other	142605
state institution of higher education without unnecessary	142606
duplication or institutional barriers under sections 3333.16,	142607
3333.161, and 3333.162 of the Revised Code.	142608

Section 371.10.40. MIDWEST HIGHER EDUCATION COMPACT

142609

The foregoing appropriation item 235408, Midwest Higher	142610
Education Compact, shall be distributed by the Chancellor of the	142611
Board of Regents under section 3333.40 of the Revised Code.	142612

Section 371.10.50. INFORMATION SYSTEM

142613

The foregoing appropriation item 235409, Information System,	142614
shall be used by the Chancellor of the Board of Regents to support	142615
the development and implementation of information technology	142616
solutions designed to improve the performance and services of the	142617
Chancellor of the Board of Regents and the University System of	142618
Ohio. Information technology solutions shall be provided by the	142619
Ohio Academic Research Network (OARnet).	142620

Section 371.10.60. STATE GRANTS AND SCHOLARSHIP	142621
ADMINISTRATION	142622

The foregoing appropriation item 235414, State Grants and	142623
Scholarship Administration, shall be used by the Chancellor of the	142624
Board of Regents to administer the following student financial aid	142625
programs: Ohio College Opportunity Grant, Ohio War Orphans'	142626
Scholarship, Nurse Education Assistance Loan Program, Ohio Safety	142627
Officers College Memorial Fund, and any other student financial	142628
aid programs created by the General Assembly. The appropriation	142629
item also shall be used to support all state financial aid audits	142630
and student financial aid programs created by Congress, and to	142631
provide fiscal services for the Ohio National Guard Scholarship	142632
Program.	142633

Section 371.10.70. OHIO LEARNING NETWORK

142634

The foregoing appropriation item 235417, Ohio Learning	142635
Network, shall be used by the Chancellor of the Board of Regents	142636
to support the continued implementation of the Ohio Learning	142637
Network, a consortium organized under division (U) of section	142638
3333.04 of the Revised Code to expand access to dual enrollment	142639
opportunities for high school students, as well as adult and	142640
higher education opportunities through technology. The funds shall	142641
be used by the Ohio Learning Network to develop and promote	142642
learning and assessment through the use of technology, to test and	142643
provide advice on emerging learning-directed technologies, and to	142644
facilitate cost-effectiveness through shared educational	142645
technology investments.	142646

Of the foregoing appropriation item 235417, Ohio Learning	142647
Network, up to $250,000 in each fiscal year shall be used by the	142648
Chancellor of the Board of Regents to fund staff support and	142649
operations of the Ohio Digital Learning Task Force established in	142650
Section 371.60.80 of this act.	142651

Section 371.10.80. APPALACHIAN NEW ECONOMY PARTNERSHIP

142652

The foregoing appropriation item 235428, Appalachian New	142653
Economy Partnership, shall be distributed to Ohio University to	142654
continue a multi-campus and multi-agency coordinated effort to	142655
link Appalachia to the new economy. Ohio University shall use	142656
these funds to provide leadership in the development and	142657
implementation of initiatives in the areas of entrepreneurship,	142658
management, education, and technology.	142659

Section 371.10.90. ECONOMIC GROWTH CHALLENGE

142660

The foregoing appropriation item 235433, Economic Growth	142661
Challenge, shall be used for administrative expenses of the	142662
Research Incentive Program and other economic advancement	142663
initiatives undertaken by the Chancellor of the Board of Regents.	142664

The Chancellor of the Board of Regents shall use any	142665
appropriation transfer to the foregoing appropriation item 235433,	142666
Economic Growth Challenge, to enhance the basic research	142667
capabilities of public colleges and universities and accredited	142668
Ohio institutions of higher education holding certificates of	142669
authorization issued under section 1713.02 of the Revised Code, in	142670
order to strengthen academic research for pursuing Ohio's economic	142671
development goals.	142672

Section 371.20.10. CHOOSE OHIO FIRST SCHOLARSHIP

142673

The foregoing appropriation item 235438, Choose Ohio First	142674
Scholarship, shall be used to operate the program prescribed in	142675
sections 3333.60 to 3333.70 of the Revised Code.	142676

An amount equal to the unexpended, unencumbered portion of	142677
the foregoing appropriation item 235438, Choose Ohio First	142678
Scholarship, at the end of fiscal year 2012 is hereby	142679
reappropriated to the Board of Regents for the same purpose for	142680
fiscal year 2013.	142681

Section 371.20.20. ADULT BASIC AND LITERACY EDUCATION

142682

The foregoing appropriation item 235443, Adult Basic and	142683
Literacy Education - State, shall be used to support the adult	142684
basic and literacy education instructional grant program and state	142685
leadership program. The supported programs shall satisfy the state	142686
match and maintenance of effort requirements for the	142687
state-administered grant program.	142688

Section 371.20.30. POST-SECONDARY ADULT CAREER-TECHNICAL	142689
EDUCATION	142690

The foregoing appropriation item 235444, Post-Secondary Adult	142691
Career-Technical Education, shall be used by the Chancellor of the	142692
Board of Regents in each fiscal year to provide post-secondary	142693
adult career-technical education under sections 3313.52 and	142694
3313.53 of the Revised Code.	142695

Section 371.20.40. AREA HEALTH EDUCATION CENTERS

142696

The foregoing appropriation item 235474, Area Health	142697
Education Centers Program Support, shall be used by the Chancellor	142698
of the Board of Regents to support the medical school regional	142699
area health education centers' educational programs for the	142700
continued support of medical and other health professions	142701
education and for support of the Area Health Education Center	142702
Program.	142703

Section 371.20.50. STATE SHARE OF INSTRUCTION FORMULAS

142704

The Chancellor of the Board of Regents shall establish	142705
procedures to allocate the foregoing appropriation item 235501,	142706
State Share of Instruction, based on the formulas, enrollment,	142707
course completion, degree attainment, and student achievement	142708
factors in the instructional models set out in this section.	142709

(A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS AND COMPLETIONS

142710

(1) As soon as possible during each fiscal year of the	142711
biennium ending June 30, 2013, in accordance with instructions of	142712
the Board of Regents, each state-assisted institution of higher	142713
education shall report its actual enrollment, consistent with the	142714
definitions in the Higher Education Information (HEI) system's	142715
enrollment files, to the Chancellor of the Board of Regents.	142716

(2) In defining the number of full-time equivalent students	142717
for state subsidy purposes, the Chancellor of the Board of Regents	142718
shall exclude all undergraduate students who are not residents of	142719
Ohio, except those charged in-state fees in accordance with	142720
reciprocity agreements made under section 3333.17 of the Revised	142721
Code or employer contracts entered into under section 3333.32 of	142722
the Revised Code.	142723

(3) In calculating the core subsidy entitlements for	142724
university branch and main campuses, the Chancellor of the Board	142725
of Regents shall use the following count of FTE students:	142726

(a) The subsidy eligible enrollments by model shall equal	142727
only those FTE students who successfully complete the course as	142728
defined and reported through the Higher Education Information	142729
(HEI) system course enrollment file;	142730

(b) For those undergraduate FTE students with successful	142731
course completions, identified in division (A)(3)(a) of this	142732
section, that had an expected family contribution less than 2190	142733
or were determined to have been in need of remedial education	142734
shall be defined as at-risk students and shall have their eligible	142735
completions weighted by the following:	142736

(i) Campus-specific course completion rates by model;

142737

(ii) Campus-specific course completion indexes, where the	142738
indexes are calculated based upon the number of at-risk students	142739
enrolled during the 2009-2010 academic year; and	142740

(iii) A statewide average at-risk course completion weight	142741
determined for each subsidy model. The statewide average at-risk	142742
course completion weight shall be determined by calculating the	142743
difference between the percentage of traditional students who	142744
complete a course and the percentage of at-risk students who	142745
complete the same course.	142746

(4) In calculating the core subsidy entitlements for Medical	142747
II models only, students repeating terms may be no more than five	142748
per cent of current year enrollment.	142749

(5) In calculating the core subsidy entitlements for students	142750
enrolled in state-supported law schools, subsidy eligible FTE	142751
completions shall be limited to students identified as residents	142752
of Ohio.	142753

(B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT

142754

For purposes of calculating state share of instruction	142755
allocations, the total instructional costs per full-time	142756
equivalent student shall be:	142757

Model	Fiscal Year 2012	Fiscal Year 2013	142758
ARTS AND HUMANITIES 1	$8,000	$8,207	142759
ARTS AND HUMANITIES 2	$10,757	$11,036	142760
ARTS AND HUMANITIES 3	$13,853	$14,212	142761
ARTS AND HUMANITIES 4	$20,228	$20,751	142762
ARTS AND HUMANITIES 5	$32,605	$33,449	142763
ARTS AND HUMANITIES 6	$38,027	$39,011	142764
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	$7,124	$7,308	142765
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	$8,164	$8,376	142766
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	$10,430	$10,700	142767
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	$12,406	$12,727	142768
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	$19,267	$19,765	142769
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	$22,684	$23,272	142770
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	$29,426	$30,188	142771
MEDICAL 1	$51,214	$52,539	142772
MEDICAL 2	$46,876	$48,089	142773
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	$7,306	$7,495	142774
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	$10,242	$10,507	142775
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	$12,242	$12,559	142776
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	$15,592	$15,995	142777
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	$20,250	$20,774	142778
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	$22,357	$22,935	142779
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	$28,000	$28,724	142780
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	$37,731	$38,707	142781
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	$52,676	$54,039	142782

Doctoral I and Doctoral II models shall be allocated in	142783
accordance with division (D)(2) of this section.	142784

(C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL,	142785
AND GRADUATE WEIGHTS	142786

For the purpose of implementing the recommendations of the	142787
State Share of Instruction Consultation and the Higher Education	142788
Funding Study Council that priority be given to maintaining state	142789
support for science, technology, engineering, mathematics,	142790
medicine, and graduate programs, the costs in division (B) of this	142791
section shall be weighted by the amounts provided below:	142792

Model	Fiscal Year 2012	Fiscal Year 2013	142793
ARTS AND HUMANITIES 1	1.0000	1.0000	142794
ARTS AND HUMANITIES 2	1.0000	1.0000	142795
ARTS AND HUMANITIES 3	1.0000	1.0000	142796
ARTS AND HUMANITIES 4	1.0000	1.0000	142797
ARTS AND HUMANITIES 5	1.0425	1.0425	142798
ARTS AND HUMANITIES 6	1.0425	1.0425	142799
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	1.0000	1.0000	142800
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	1.0000	1.0000	142801
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	1.0000	1.0000	142802
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	1.0000	1.0000	142803
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	1.0425	1.0425	142804
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	1.0425	1.0425	142805
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	1.0425	1.0425	142806
MEDICAL 1	1.6456	1.6456	142807
MEDICAL 2	1.7462	1.7462	142808
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	1.0000	1.0000	142809
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	1.0017	1.0017	142810
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	1.6150	1.6150	142811
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	1.6920	1.6920	142812
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	1.4222	1.4222	142813
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	1.8798	1.8798	142814
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	1.4380	1.4380	142815
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	1.5675	1.5675	142816
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	1.1361	1.1361	142817

(D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA	142818
ENTITLEMENTS AND ADJUSTMENTS	142819

(1) Of the foregoing appropriation item 235501, State Share	142820
of Instruction, 7.5 per cent of the fiscal year 2012 appropriation	142821
and 10 per cent of the fiscal year 2013 appropriation for	142822
state-supported community colleges, state community colleges, and	142823
technical colleges shall be allocated to colleges in proportion to	142824
their share of college student success factors as adopted by the	142825
Chancellor of the Board of Regents in formal communication to the	142826
Controlling Board on August 30, 2010.	142827

(2) Of the foregoing appropriation item 235501, State Share	142828
of Instruction, up to 12.89 per cent of the appropriation for	142829
university main campuses in each fiscal year shall be reserved for	142830
support of doctoral programs to implement the funding	142831
recommendations made by representatives of the universities. The	142832
amount so reserved shall be referred to as the doctoral set-aside.	142833

The doctoral set-aside shall be allocated to universities as	142834
follows:	142835

(a) 70 per cent of the doctoral set-aside in fiscal year 2012	142836
and 60 per cent of the doctoral set-aside in fiscal year 2013	142837
shall be allocated to universities in proportion to their share of	142838
the total number of Doctoral I equivalent FTEs as calculated on an	142839
institutional basis using the greater of the two-year or five-year	142840
FTEs for the period fiscal year 1994 through fiscal year 1998 with	142841
annualized FTEs for fiscal years 1994 through 1997 and all-term	142842
FTEs for fiscal year 1998 as adjusted to reflect the effects of	142843
doctoral review and subsequent changes in Doctoral I equivalent	142844
enrollments. For the purposes of this calculation, Doctoral I	142845
equivalent FTEs shall equal the sum of Doctoral I FTEs plus 1.5	142846
times the sum of Doctoral II FTEs.	142847

(b) 15 per cent of the doctoral set-aside in fiscal year 2012	142848
and 20 per cent of the doctoral set-aside in fiscal year 2013	142849
shall be allocated to universities in proportion to each campus's	142850
share of the total statewide doctoral degrees, weighted by the	142851
cost of the doctoral discipline. In calculating each campus's	142852
doctoral degrees the Chancellor of the Board of Regents shall use	142853
the three-year average doctoral degrees awarded for the three-year	142854
period ending in the prior year.	142855

(c) 7.5 per cent of the doctoral set-aside in fiscal year	142856
2012 and 10 per cent of the doctoral set-aside in fiscal year 2013	142857
shall be allocated to universities in proportion to their share of	142858
research grant activity, using a data collection method that is	142859
reviewed and approved by the presidents of Ohio's doctoral degree	142860
granting universities. In the event that the data collection	142861
method is not available, funding for this component shall be	142862
allocated to universities in proportion to their share of research	142863
grant activity published by the National Science Foundation. Grant	142864
awards from the Department of Health and Human Services shall be	142865
weighted at 50 per cent.	142866

(d) 7.5 per cent of the doctoral set-aside in fiscal year	142867
2012 and 10 per cent of the doctoral set-aside in fiscal year 2013	142868
shall be allocated to universities based on other quality measures	142869
that contribute to the advancement of quality doctoral programs.	142870
These other quality measures shall be identified by the Chancellor	142871
in consultation with universities. If for any reason metrics for	142872
distributing the quality component of the doctoral set-aside are	142873
not identified prior to the fiscal year allocation process, this	142874
portion of the doctoral set-aside funds shall be allocated to	142875
universities based on division (D)(2)(a) of this section.	142876

(3) Of the foregoing appropriation item 235501, State Share	142877
of Instruction, 7.01 per cent of the appropriation for university	142878
main campuses in each fiscal year shall be reserved for support of	142879
Medical II FTEs. The amount so reserved shall be referred to as	142880
the medical II set-aside.	142881

The medical II set-aside shall be allocated to universities	142882
in proportion to their share of the total number of Medical II	142883
FTEs as calculated in division (A) of this section, weighted by	142884
model cost.	142885

The Northeast Ohio Medical University may use funds from the	142886
addition of 35 medical students resulting from its partnership	142887
with Cleveland State University to establish the Northeast Ohio	142888
Medical University academic campus at Cleveland State University	142889
to enable 50 per cent or more of the medical curriculum to be	142890
based in Cleveland at Cleveland State University, local hospitals,	142891
and community- and neighborhood-based primary care clinics.	142892
Cleveland State University shall not receive state capital	142893
appropriations to pay for facilities for the academic campus.	142894

(4) Of the foregoing appropriation item 235501, State Share	142895
of Instruction, 1.61 per cent of the appropriation for university	142896
main campuses in each fiscal year shall be reserved for support of	142897
Medical I FTEs. The amount so reserved shall be referred to as the	142898
medical I set-aside.	142899

The medical I set-aside shall be allocated to universities in	142900
proportion to their share of the total number of Medical I FTEs as	142901
calculated in division (A) of this section.	142902

(5) Of the foregoing appropriation item 235501, State Share	142903
of Instruction, 15 per cent of the fiscal year 2012 appropriation	142904
for university main campuses and 20 per cent of the fiscal year	142905
2013 appropriation for university main campuses shall be reserved	142906
for support of associate, baccalaureate, master's, and	142907
professional level degree attainment.	142908

The degree attainment funding shall be allocated to	142909
universities in proportion to each campus's share of the total	142910
statewide degrees granted, weighted by the cost of the degree	142911
programs.	142912

In calculating the subsidy entitlements for degree attainment	142913
at university main campuses, the Chancellor of the Board of	142914
Regents shall use the following count of degrees and degree costs:	142915

(a) For those associate degrees awarded by a state-supported	142916
university, the subsidy eligible degrees granted are defined as	142917
only those earned by students attending a university that received	142918
funding under GRF appropriation item 235418, Access Challenge, in	142919
fiscal year 2009.	142920

(b) In calculating each campus's count of degrees, the	142921
Chancellor of the Board of Regents shall use the three-year	142922
average associate, baccalaureate, master's, and professional	142923
degrees awarded for the three-year period ending in the prior	142924
year.	142925

(c) Eligible associate degrees defined in division (D)(5)(a)	142926
of this section and all bachelor's degrees earned by a student	142927
that either had an expected family contribution less than 2190,	142928
was determined to have been in need of remedial education, is	142929
Native American, African American, or Hispanic, or is at least age	142930
26 at the time of graduation, shall be defined as degrees earned	142931
by an at-risk student and shall be weighted by the following:	142932

(i) A campus-specific degree completion index, where the	142933
index is calculated based on the number of at-risk students	142934
enrolled during a two-year degree cohort beginning in fiscal year	142935
2000 or 2001 and earning a degree in eight years or less; and	142936

(ii) A statewide average at-risk completion weight determined	142937
by calculating the difference between the percentage of	142938
traditional students who earned a degree and the percentage of	142939
at-risk students who earned a degree during the same time period.	142940

(6) Each campus's state share of instruction base formula	142941
earnings shall be determined as follows:	142942

(a) For each campus in each fiscal year, the instructional	142943
costs shall be determined by multiplying the amounts listed above	142944
in divisions (B) and (C) of this section by (i) average	142945
subsidy-eligible FTEs for the two-year period ending in the prior	142946
year for all models except Doctoral I and Doctoral II; and (ii)	142947
average subsidy-eligible FTEs for the five-year period ending in	142948
the prior year for all models except Doctoral I and Doctoral II.	142949

(b) The Chancellor of the Board of Regents shall compute the	142950
two calculations listed in division (D)(6)(a) of this section and	142951
use the greater amount as each campus's instructional costs.	142952

(c) The Chancellor of the Board of Regents shall compute a	142953
uniform state share of instructional costs for each sector.	142954

(i) For the state-supported community colleges, state	142955
community colleges, and technical colleges, the Chancellor of the	142956
Board of Regents shall compute the uniform state share of	142957
instructional costs by dividing the sector level appropriation	142958
total as determined by the Chancellor in division (A)(1) of	142959
Section 371.20.60 of this act and adjusted pursuant to divisions	142960
(B) and (C) of Section 371.20.60 of this act, less the student	142961
college success allocation as described in division (D)(1) of this	142962
section, by the sum of all eligible campuses' instructional costs	142963
as calculated in division (D)(6)(b) of this section.	142964

(ii) For the state-supported university branch campuses, the	142965
Chancellor of the Board of Regents shall compute the uniform state	142966
share of instructional costs by dividing the sector level	142967
appropriation, as determined by the Chancellor in division (A)(2)	142968
of Section 371.20.60 of this act and adjusted pursuant to division	142969
(B) of Section 371.20.60 of this act by the sum of all campuses'	142970
instructional costs as calculated in division (D)(6)(b) of this	142971
section.	142972

(iii) For the state-supported university main campuses, the	142973
Chancellor of the Board of Regents shall compute the uniform state	142974
share of instructional costs by dividing the sector level	142975
appropriation, as determined by the Chancellor in division (A)(3)	142976
of Section 371.20.60 of this act and adjusted pursuant to division	142977
(B) of Section 371.20.60 of this act, less the doctoral set-aside,	142978
less the medical I set-aside, less the medical II set-aside, and	142979
less the degree attainment funding as calculated in divisions	142980
(D)(2) to (5) of this section, by the sum of all campuses'	142981
instructional costs as calculated in division (D)(6)(b) of this	142982
section.	142983

(d) The formula entitlement for each sector's campuses shall	142984
be determined by multiplying the uniform state share of	142985
instructional costs calculated in division (D)(6)(c) of this	142986
section by the campus's instructional cost determined in division	142987
(D)(6)(b) of this section.	142988

(7) In addition to the student success allocation, doctoral	142989
set-aside, medical I set-aside, medical II set-aside, and the	142990
degree attainment allocation determined in divisions (D)(1) to (5)	142991
of this section and the formula entitlement determined in division	142992
(D)(6) of this section, an allocation based on facility-based	142993
plant operations and maintenance (POM) subsidy shall be made. For	142994
each eligible campus, the amount of the POM allocation in each	142995
fiscal year shall be distributed based on what each campus	142996
received in the fiscal year 2009 POM allocation.	142997

Any POM allocations required by this division shall be funded	142998
by proportionately reducing formula entitlement earnings,	142999
including the POM allocations, for all campuses in that sector.	143000

(8) STABILITY IN STATE SHARE OF INSTRUCTION FUNDING

143001

(a) In addition to and after the adjustments noted above, in	143002
fiscal year 2012, no campus shall receive a state share of	143003
instruction allocation that is less than the lesser of the	143004
following two amounts, net of funding for the medical II	143005
set-aside:	143006

(i) The prior year's state share of instruction amount	143007
reduced by 3 per cent, or	143008

(ii) The prior year's state share of instruction amount	143009
reduced by a percentage equal to the percentage change from the	143010
prior year in the campus's sector's state share of instruction	143011
funding minus three percentage points. Funds shall be made	143012
available to support this allocation by proportionately reducing	143013
formula entitlement earnings from those campuses, within each	143014
sector, that are not receiving stability funding.	143015

(b) In fiscal year 2013, in addition to and after the	143016
adjustments noted above, no campus shall receive a state share of	143017
instruction allocation that is less than the lesser of the	143018
following two amounts, net of funding for the medical II	143019
set-aside:	143020

(i) The prior year's state share of instruction amount	143021
reduced by 4 per cent, or	143022

(ii) The prior year's state share of instruction amount	143023
reduced by a percentage equal to the percentage change from the	143024
prior year in the campus's sector's state share of instruction	143025
funding minus four percentage points. Funds shall be made	143026
available to support this allocation by proportionately reducing	143027
formula entitlement earnings from those campuses, within each	143028
sector, that are not receiving stability funding.	143029

(c) For main campus universities that operate a medical	143030
school, in fiscal year 2012 no campus shall receive an allocation	143031
for the medical II set-aside that is less than the lesser of the	143032
following amounts:	143033

(i) The prior year's allocation for the medical II set-aside	143034
reduced by 2 per cent, or	143035

(ii) The prior year's allocation for the medical II set-aside	143036
reduced by a percentage equal to the percentage change from the	143037
prior year in the total medical II set-aside minus two percentage	143038
points. Funds shall be made available to support this allocation	143039
by proportionately reducing formula entitlement earnings from	143040
public medical schools, within each sector, that are not receiving	143041
stability funding.	143042

(d) In fiscal year 2013, no main campus university that	143043
operates a medical school shall receive an allocation for the	143044
medical II set-aside that is less than 97 per cent of the prior	143045
year's allocation for the medical II set-aside. Funds shall be	143046
made available to support this allocation by proportionately	143047
reducing formula entitlement earnings from public medical schools,	143048
within each sector, that are not receiving stability funding.	143049

(9) CAPITAL COMPONENT DEDUCTION

143050

After all other adjustments have been made, state share of	143051
instruction earnings shall be reduced for each campus by the	143052
amount, if any, by which debt service charged in Am. H.B. 748 of	143053
the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General	143054
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B.	143055
675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th	143056
General Assembly, Am. Sub. H.B. 699 of the 126th General Assembly,	143057
Am. Sub. H.B. 496 of the 127th General Assembly, and Am. Sub. H.B.	143058
562 of the 127th General Assembly for that campus exceeds that	143059
campus's capital component earnings. The sum of the amounts	143060
deducted shall be transferred to appropriation item 235552,	143061
Capital Component, in each fiscal year.	143062

(E) EXCEPTIONAL CIRCUMSTANCES

143063

Adjustments may be made to the state share of instruction	143064
payments and other subsidies distributed by the Chancellor of the	143065
Board of Regents to state-assisted colleges and universities for	143066
exceptional circumstances. No adjustments for exceptional	143067
circumstances may be made without the recommendation of the	143068
Chancellor and the approval of the Controlling Board.	143069

(F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	143070
INSTRUCTION	143071

The standard provisions of the state share of instruction	143072
calculation as described in the preceding sections of temporary	143073
law shall apply to any reductions made to appropriation item	143074
235501, State Share of Instruction, before the Chancellor of the	143075
Board of Regents has formally approved the final allocation of the	143076
state share of instruction funds for any fiscal year.	143077

Any reductions made to appropriation item 235501, State Share	143078
of Instruction, after the Chancellor of the Board of Regents has	143079
formally approved the final allocation of the state share of	143080
instruction funds for any fiscal year, shall be uniformly applied	143081
to each campus in proportion to its share of the final allocation.	143082

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

143083

The state share of instruction payments to the institutions	143084
shall be in substantially equal monthly amounts during the fiscal	143085
year, unless otherwise determined by the Director of Budget and	143086
Management pursuant to section 126.09 of the Revised Code.	143087
Payments during the first six months of the fiscal year shall be	143088
based upon the state share of instruction appropriation estimates	143089
made for the various institutions of higher education according to	143090
the Chancellor of the Board of Regents enrollment estimates.	143091
Payments during the last six months of the fiscal year shall be	143092
distributed after approval of the Controlling Board upon the	143093
request of the Chancellor.	143094

Section 371.20.60. STATE SHARE OF INSTRUCTION FOR FISCAL	143095
YEARS 2012 AND 2013	143096

(A) The foregoing appropriation item 235501, State Share of	143097
Instruction, shall be distributed according to the section of this	143098
act entitled "STATE SHARE OF INSTRUCTION FORMULAS."	143099

(1) Of the foregoing appropriation item 235501, State Share	143100
of Instruction, $400,039,672 in fiscal year 2012 and $403,657,477	143101
in fiscal year 2013 shall be distributed to state-supported	143102
community colleges, state community colleges, and technical	143103
colleges.	143104

(2) Of the foregoing appropriation item 235501, State Share	143105
of Instruction, $115,139,824 in fiscal year 2012 and $116,181,104	143106
in fiscal year 2013 shall be distributed to state-supported	143107
university branch campuses.	143108

(3) Of the foregoing appropriation item 235501, State Share	143109
of Instruction, $1,220,350,535 in fiscal year 2012 and	143110
$1,231,386,916 in fiscal year 2013 shall be distributed to	143111
state-supported university main campuses.	143112

(B) Of the amounts earmarked in division (A) of this section,	143113
$60,996,059 in each fiscal year shall be distributed to eligible	143114
colleges and universities based on each campus's share of the	143115
appropriation item 235418, Access Challenge, in fiscal year 2009.	143116

(C) Of the amount earmarked in division (A)(1) of this	143117
section, $10,323,056 in each fiscal year shall be distributed	143118
among state-supported community colleges, state community	143119
colleges, and technical colleges in an amount equal to the amount	143120
each institution received in fiscal year 2009 from the	143121
supplemental tuition subsidy earmarked under Section 375.30.25 of	143122
H.B. 119 of the 127th General Assembly.	143123

(D) The state share of instruction payments to the	143124
institutions shall be in substantially equal monthly amounts	143125
during the fiscal year, unless otherwise determined by the	143126
Director of Budget and Management pursuant to section 126.09 of	143127
the Revised Code. Payments during the last six months of the	143128
fiscal year shall be distributed after approval of the Controlling	143129
Board upon the request of the Chancellor of the Board of Regents.	143130

Section 371.20.65. TRANSFER OF INSTRUCTIONAL SUBSIDIES	143131
BETWEEN UNIVERSITIES	143132

Notwithstanding any provision of law to the contrary, in	143133
consultation with the Chancellor of the Board of Regents, a	143134
state-supported university may request to transfer state share of	143135
instruction subsidy allocations of the foregoing appropriation	143136
item 235501, State Share of Instruction, between a university main	143137
campus and any university branch campus for which the university	143138
main campus is affiliated to best accomplish institutional goals	143139
and objectives. At the request of the Chancellor of the Board of	143140
Regents, the Director of Budget and Management may transfer the	143141
requested amounts of state share of instruction appropriation	143142
allocations between affiliated university branch campuses and	143143
university main campuses.	143144

Section 371.20.70. RESTRICTION ON FEE INCREASES

143145

The boards of trustees of state-assisted institutions of	143146
higher education shall restrain increases in in-state	143147
undergraduate instructional and general fees. Each state	143148
university, university branch, and the Northeast Ohio Medical	143149
University shall not increase its in-state undergraduate	143150
instructional and general fees more than 3.5 per cent over what	143151
the institution charged for the preceding academic year.	143152

Each community college, state community college, and	143153
technical college shall not increase its in-state undergraduate	143154
instructional and general fees by more than $200 more than the	143155
institution charged for the preceding academic year.	143156

These limitations shall not apply to increases required to	143157
comply with institutional covenants related to their obligations	143158
or to meet unfunded legal mandates or legally binding obligations	143159
incurred or commitments made prior to the effective date of this	143160
section with respect to which the institution had identified such	143161
fee increases as the source of funds. Any increase required by	143162
such covenants and any such mandates, obligations, or commitments	143163
shall be reported by the Chancellor of the Board of Regents to the	143164
Controlling Board. These limitations may also be modified by the	143165
Chancellor of the Board of Regents, with the approval of the	143166
Controlling Board, to respond to exceptional circumstances as	143167
identified by the Chancellor of the Board of Regents.	143168

Section 371.20.80. HIGHER EDUCATION - BOARD OF TRUSTEES

143169

(A) Funds appropriated for instructional subsidies at	143170
colleges and universities may be used to provide such branch or	143171
other off-campus undergraduate courses of study and such master's	143172
degree courses of study as may be approved by the Chancellor of	143173
the Board of Regents.	143174

(B) In providing instructional and other services to	143175
students, boards of trustees of state-assisted institutions of	143176
higher education shall supplement state subsidies with income from	143177
charges to students. Except as otherwise provided in this act,	143178
each board shall establish the fees to be charged to all students,	143179
including an instructional fee for educational and associated	143180
operational support of the institution and a general fee for	143181
noninstructional services, including locally financed student	143182
services facilities used for the benefit of enrolled students. The	143183
instructional fee and the general fee shall encompass all charges	143184
for services assessed uniformly to all enrolled students. Each	143185
board may also establish special purpose fees, service charges,	143186
and fines as required; such special purpose fees and service	143187
charges shall be for services or benefits furnished individual	143188
students or specific categories of students and shall not be	143189
applied uniformly to all enrolled students. A tuition surcharge	143190
shall be paid by all students who are not residents of Ohio.	143191

The board of trustees of a state-assisted institution of	143192
higher education shall not authorize a waiver or nonpayment of	143193
instructional fees or general fees for any particular student or	143194
any class of students other than waivers specifically authorized	143195
by law or approved by the Chancellor. This prohibition is not	143196
intended to limit the authority of boards of trustees to provide	143197
for payments to students for services rendered the institution,	143198
nor to prohibit the budgeting of income for staff benefits or for	143199
student assistance in the form of payment of such instructional	143200
and general fees.	143201

Each state-assisted institution of higher education in its	143202
statement of charges to students shall separately identify the	143203
instructional fee, the general fee, the tuition charge, and the	143204
tuition surcharge. Fee charges to students for instruction shall	143205
not be considered to be a price of service but shall be considered	143206
to be an integral part of the state government financing program	143207
in support of higher educational opportunity for students.	143208

(C) The boards of trustees of state-assisted institutions of	143209
higher education shall ensure that faculty members devote a proper	143210
and judicious part of their work week to the actual instruction of	143211
students. Total class credit hours of production per academic term	143212
per full-time faculty member is expected to meet the standards set	143213
forth in the budget data submitted by the Chancellor of the Board	143214
of Regents.	143215

(D) The authority of government vested by law in the boards	143216
of trustees of state-assisted institutions of higher education	143217
shall in fact be exercised by those boards. Boards of trustees may	143218
consult extensively with appropriate student and faculty groups.	143219
Administrative decisions about the utilization of available	143220
resources, about organizational structure, about disciplinary	143221
procedure, about the operation and staffing of all auxiliary	143222
facilities, and about administrative personnel shall be the	143223
exclusive prerogative of boards of trustees. Any delegation of	143224
authority by a board of trustees in other areas of responsibility	143225
shall be accompanied by appropriate standards of guidance	143226
concerning expected objectives in the exercise of such delegated	143227
authority and shall be accompanied by periodic review of the	143228
exercise of this delegated authority to the end that the public	143229
interest, in contrast to any institutional or special interest,	143230
shall be served.	143231

Section 371.20.90. STUDENT SUPPORT SERVICES

143232

The foregoing appropriation item 235502, Student Support	143233
Services, shall be distributed by the Chancellor of the Board of	143234
Regents to Ohio's state-assisted colleges and universities that	143235
incur disproportionate costs in the provision of support services	143236
to disabled students.	143237

Section 371.30.10. WAR ORPHANS SCHOLARSHIPS

143238

The foregoing appropriation item 235504, War Orphans	143239
Scholarships, shall be used to reimburse state-assisted	143240
institutions of higher education for waivers of instructional fees	143241
and general fees provided by them, to provide grants to	143242
institutions that have received a certificate of authorization	143243
from the Chancellor of the Board of Regents under Chapter 1713. of	143244
the Revised Code, in accordance with the provisions of section	143245
5910.04 of the Revised Code, and to fund additional scholarship	143246
benefits provided by section 5910.032 of the Revised Code.	143247

An amount equal to the unexpended, unencumbered portion of	143248
the foregoing appropriation item 235504, War Orphans Scholarships,	143249
at the end of fiscal year 2012 is hereby reappropriated to the	143250
Board of Regents for the same purpose for fiscal year 2013.	143251

Section 371.30.20. OHIOLINK

143252

The foregoing appropriation item 235507, OhioLINK, shall be	143253
used by the Chancellor of the Board of Regents to support	143254
OhioLINK, a consortium organized under division (U) of section	143255
3333.04 of the Revised Code to serve as the state's electronic	143256
library information and retrieval system, which provides access	143257
statewide to an extensive set of electronic databases and	143258
resources and the library holdings of Ohio's public and	143259
participating private nonprofit colleges and universities, and the	143260
State Library of Ohio.	143261

Section 371.30.30. AIR FORCE INSTITUTE OF TECHNOLOGY

143262

The foregoing appropriation item 235508, Air Force Institute	143263
of Technology, shall be used by the director of the Air Force	143264
Institute to: (A) strengthen the research and educational linkages	143265
between the Wright Patterson Air Force Base and institutions of	143266
higher education in Ohio; and (B) support the Dayton Area Graduate	143267
Studies Institute, an engineering graduate consortium of Wright	143268
State University, the University of Dayton, and the Air Force	143269
Institute of Technology, with the participation of the University	143270
of Cincinnati and The Ohio State University.	143271

Section 371.30.40. OHIO SUPERCOMPUTER CENTER

143272

The foregoing appropriation item 235510, Ohio Supercomputer	143273
Center, shall be used by the Chancellor of the Board of Regents to	143274
support the operation of the Ohio Supercomputer Center, a	143275
consortium organized under division (U) of section 3333.04 of the	143276
Revised Code, located at The Ohio State University. The Ohio	143277
Supercomputer Center is a statewide resource available to Ohio	143278
research universities both public and private. It is also intended	143279
that the center be made accessible to private industry as	143280
appropriate.	143281

Funds shall be used, in part, to support the Ohio	143282
Supercomputer Center's Computational Science Initiative, which	143283
includes its industrial outreach program, Blue Collar Computing,	143284
and its School of Computational Science. These collaborations	143285
between the Ohio Supercomputer Center and Ohio's colleges and	143286
universities shall be aimed at making Ohio a leader in using	143287
computer modeling to promote economic development.	143288

Section 371.30.50. COOPERATIVE EXTENSION SERVICE

143289

The foregoing appropriation item 235511, Cooperative	143290
Extension Service, shall be disbursed through the Chancellor of	143291
the Board of Regents to The Ohio State University in monthly	143292
payments, unless otherwise determined by the Director of Budget	143293
and Management under section 126.09 of the Revised Code.	143294

Section 371.30.60. CENTRAL STATE SUPPLEMENT

143295

The Chancellor of the Board of Regents shall, in consultation	143296
with Central State University, develop a plan whereby the	143297
foregoing appropriation item 235514, Central State Supplement,	143298
shall be used in a manner consistent with the goals of increasing	143299
enrollment, improving course completion, and increasing the number	143300
of degrees conferred. The Chancellor shall submit a summary of the	143301
plan to the Speaker of the House of Representatives, the President	143302
of the Senate, and the Governor by December 31, 2011.	143303

The foregoing appropriation item 235514, Central State	143304
Supplement, shall be disbursed by the Chancellor of the Board of	143305
Regents to Central State University. The first two disbursements	143306
in fiscal year 2012 shall be made on a quarterly basis. Beginning	143307
January 1, 2012, the funds shall be disbursed to Central State	143308
University in accordance with the plan developed by the Chancellor	143309
under this section.	143310

The Chancellor shall monitor the implementation of the plan	143311
and the use of funds. Central State University shall provide any	143312
information requested by the Chancellor related to the	143313
implementation of the plan. If the Chancellor determines that	143314
Central State University's use of supplemental funds is not in	143315
accordance with the plan or if the plan is not having the desired	143316
effect, the Chancellor may notify Central State University that	143317
the plan is suspended. Upon receiving such notice, Central State	143318
University shall avoid all unnecessary expenditures under the	143319
plan. The Chancellor shall notify the Controlling Board of the	143320
suspension of the plan and within sixty days prepare a new plan	143321
for the use of any remaining funds.	143322

Section 371.30.70. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	143323
MEDICINE	143324

The foregoing appropriation item 235515, Case Western Reserve	143325
University School of Medicine, shall be disbursed to Case Western	143326
Reserve University through the Chancellor of the Board of Regents	143327
in accordance with agreements entered into under section 3333.10	143328
of the Revised Code, provided that the state support per full-time	143329
medical student shall not exceed that provided to full-time	143330
medical students at state universities.	143331

Section 371.30.80. FAMILY PRACTICE

143332

The Chancellor of the Ohio Board of Regents shall develop	143333
plans consistent with existing criteria and guidelines as may be	143334
required for the distribution of appropriation item 235519, Family	143335
Practice.	143336

Section 371.30.90. SHAWNEE STATE SUPPLEMENT

143337

The Chancellor of the Board of Regents shall, in consultation	143338
with Shawnee State University, develop a plan whereby the	143339
foregoing appropriation item 235520, Shawnee State Supplement,	143340
shall be used in a manner consistent with the goals of improving	143341
course completion, increasing the number of degrees conferred, and	143342
furthering the university's mission of service to the Appalachian	143343
region. The Chancellor shall submit a summary of the plan to the	143344
Speaker of the House of Representatives, the President of the	143345
Senate, and the Governor by December 31, 2011.	143346

The foregoing appropriation item 235520, Shawnee State	143347
Supplement, shall be disbursed by the Chancellor of the Board of	143348
Regents to Shawnee State University. The first two disbursements	143349
in fiscal year 2012 shall be made on a quarterly basis. Beginning	143350
January 1, 2012, the funds shall be disbursed to Shawnee State	143351
University in accordance with the plan developed by the Chancellor	143352
under this section.	143353

The Chancellor shall monitor the implementation of the plan	143354
and the use of funds. Shawnee State University shall provide any	143355
information requested by the Chancellor related to the	143356
implementation of the plan. If the Chancellor determines that	143357
Shawnee State University's use of supplemental funds is not in	143358
accordance with the plan or if the plan is not having the desired	143359
effect, the Chancellor may notify Shawnee State University that	143360
the plan is suspended. Upon receiving such notice, Shawnee State	143361
University shall avoid all unnecessary expenditures under the	143362
plan. The Chancellor shall notify the Controlling Board of the	143363
suspension of the plan and within sixty days prepare a new plan	143364
for the use of any remaining funds.	143365

Section 371.40.10. POLICE AND FIRE PROTECTION

143366

The foregoing appropriation item 235524, Police and Fire	143367
Protection, shall be used for police and fire services in the	143368
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	143369
Portsmouth, Xenia Township (Greene County), Rootstown Township,	143370
and the City of Nelsonville that may be used to assist these local	143371
governments in providing police and fire protection for the	143372
central campus of the state-affiliated university located therein.	143373

Section 371.40.20. GERIATRIC MEDICINE

143374

The Chancellor of the Board of Regents shall develop plans	143375
consistent with existing criteria and guidelines as may be	143376
required for the distribution of appropriation item 235525,	143377
Geriatric Medicine.	143378

Section 371.40.30. PRIMARY CARE RESIDENCIES

143379

The Chancellor of the Board of Regents shall develop plans	143380
consistent with existing criteria and guidelines as may be	143381
required for the distribution of appropriation item 235526,	143382
Primary Care Residencies.	143383

The foregoing appropriation item 235526, Primary Care	143384
Residencies, shall be distributed in each fiscal year of the	143385
biennium, based on whether or not the institution has submitted	143386
and gained approval for a plan. If the institution does not have	143387
an approved plan, it shall receive five per cent less funding per	143388
student than it would have received from its annual allocation.	143389
The remaining funding shall be distributed among those	143390
institutions that meet or exceed their targets.	143391

Section 371.40.40. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT	143392
CENTER	143393

The foregoing appropriation item 235535, Ohio Agricultural	143394
Research and Development Center, shall be disbursed through the	143395
Chancellor of the Board of Regents to The Ohio State University in	143396
monthly payments, unless otherwise determined by the Director of	143397
Budget and Management under section 126.09 of the Revised Code.	143398
The Ohio Agricultural Research and Development Center shall not be	143399
required to remit payment to The Ohio State University during the	143400
biennium ending June 30, 2013, for cost reallocation assessments.	143401
The cost reallocation assessments include, but are not limited to,	143402
any assessment on state appropriations to the Center.	143403

The Ohio Agricultural Research and Development Center, an	143404
entity of the College of Food, Agricultural, and Environmental	143405
Sciences of The Ohio State University, shall further its mission	143406
of enhancing Ohio's economic development and job creation by	143407
continuing to internally allocate on a competitive basis	143408
appropriated funding of programs based on demonstrated	143409
performance. Academic units, faculty, and faculty-driven programs	143410
shall be evaluated and rewarded consistent with agreed-upon	143411
performance expectations as called for in the College's	143412
Expectations and Criteria for Performance Assessment.	143413

Section 371.40.50. STATE UNIVERSITY CLINICAL TEACHING

143414

The foregoing appropriation items 235536, The Ohio State	143415
University Clinical Teaching; 235537, University of Cincinnati	143416
Clinical Teaching; 235538, University of Toledo Clinical Teaching;	143417
235539, Wright State University Clinical Teaching; 235540, Ohio	143418
University Clinical Teaching; and 235541, Northeast Ohio Medical	143419
University Clinical Teaching, shall be distributed through the	143420
Chancellor of the Board of Regents.	143421

Section 371.40.60. CAPITAL COMPONENT

143422

The foregoing appropriation item 235552, Capital Component,	143423
shall be used by the Chancellor of the Board of Regents to	143424
implement the capital funding policy for state-assisted colleges	143425
and universities established in Am. H.B. 748 of the 121st General	143426
Assembly. Appropriations from this item shall be distributed to	143427
all campuses for which the estimated campus debt service	143428
attributable to new qualifying capital projects is less than the	143429
campus's formula-determined capital component allocation. Campus	143430
allocations shall be determined by subtracting the estimated	143431
campus debt service attributable to new qualifying capital	143432
projects from the campus's formula-determined capital component	143433
allocation. Moneys distributed from this appropriation item shall	143434
be restricted to capital-related purposes.	143435

Any campus for which the estimated campus debt service	143436
attributable to qualifying capital projects is greater than the	143437
campus's formula-determined capital component allocation shall	143438
have the difference subtracted from its State Share of Instruction	143439
allocation in each fiscal year. Appropriation equal to the sum of	143440
all such amounts except that of the Ohio Agricultural Research and	143441
Development Center shall be transferred from appropriation item	143442
235501, State Share of Instruction, to appropriation item 235552,	143443
Capital Component. Appropriation equal to any estimated Ohio	143444
Agricultural Research and Development Center debt service	143445
attributable to qualifying capital projects that is greater than	143446
the Center's formula-determined capital component allocation shall	143447
be transferred from appropriation item 235535, Ohio Agricultural	143448
Research and Development Center, to appropriation item 235552,	143449
Capital Component.	143450

Section 371.40.70. LIBRARY DEPOSITORIES

143451

The foregoing appropriation item, 235555, Library	143452
Depositories, shall be distributed to the state's five regional	143453
depository libraries for the cost-effective storage of and access	143454
to lesser-used materials in university library collections. The	143455
depositories shall be administrated by the Chancellor of the Board	143456
of Regents, or by OhioLINK at the discretion of the Chancellor.	143457

Section 371.40.80. OHIO ACADEMIC RESOURCES NETWORK (OARNET)

143458

The foregoing appropriation item 235556, Ohio Academic	143459
Resources Network, shall be used by the Chancellor of the Board of	143460
Regents to support the operations of the Ohio Academic Resources	143461
Network, a consortium organized under division (U) of section	143462
3333.04 of the Revised Code, which shall include support for	143463
Ohio's colleges and universities in maintaining and enhancing	143464
network connections, using new network technologies to improve	143465
research, education, and economic development programs, and	143466
sharing information technology services. To the extent network	143467
capacity is available, OARnet shall support allocating bandwidth	143468
to eligible programs directly supporting Ohio's economic	143469
development.	143470

Section 371.40.90. LONG-TERM CARE RESEARCH

143471

The foregoing appropriation item 235558, Long-term Care	143472
Research, shall be disbursed to Miami University for long-term	143473
care research.	143474

Section 371.50.10. OHIO COLLEGE OPPORTUNITY GRANT

143475

(A) Except as provided in division (C) of this section:

143476

Of the foregoing appropriation item 235563, Ohio College	143477
Opportunity Grant, $37,000,000 in each fiscal year shall be used	143478
by the Chancellor of the Board of Regents to award need-based	143479
financial aid to students enrolled in eligible four-year public	143480
institutions of higher education, excluding early college high	143481
school and post-secondary enrollment option participants.	143482

Of the foregoing appropriation item 235563, Ohio College	143483
Opportunity Grant, $41,000,000 in each fiscal year shall be used	143484
by the Chancellor of the Board of Regents to award need-based	143485
financial aid to students enrolled in eligible private nonprofit	143486
institutions of higher education, excluding early college high	143487
school and post-secondary enrollment option participants.	143488

The remainder of the foregoing appropriation item 235563,	143489
Ohio College Opportunity Grant, shall be used by the Chancellor of	143490
the Board of Regents to award needs-based financial aid to	143491
students enrolled in eligible private for-profit career colleges	143492
and schools.	143493

An amount equal to the unexpended, unencumbered portion of	143494
the foregoing appropriation item 235563, Ohio College Opportunity	143495
Grant, at the end of fiscal year 2012 is hereby reappropriated to	143496
the Board of Regents for the same purpose for fiscal year 2013.	143497

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

143498

(a) "Eligible institution" means any institution described in	143499
divisions (B)(2)(a) to (c) of section 3333.122 of the Revised	143500
Code.	143501

(b) The three "sectors" of institutions of higher education	143502
consist of the following:	143503

(i) State colleges and universities, community colleges,	143504
state community colleges, university branches, and technical	143505
colleges;	143506

(ii) Eligible private nonprofit institutions of higher	143507
education;	143508

(iii) Eligible private for-profit career colleges and	143509
schools.	143510

(2) If the Chancellor determines that the amounts	143511
appropriated for support of the Ohio College Opportunity Grant	143512
program are inadequate to provide grants to all eligible students	143513
as calculated under division (D) of section 3333.122 of the	143514
Revised Code, the Chancellor may create a distribution formula for	143515
fiscal year 2012 and fiscal year 2013 based on the formula used in	143516
fiscal year 2011, or may follow methods established in division	143517
(C)(1)(a) or (b) of section 3333.122 of the Revised Code. The	143518
Chancellor shall notify the Controlling Board of the distribution	143519
method. Any formula calculated under this division shall be	143520
complete and established to coincide with the start of the	143521
2011-2012 academic year.	143522

(C) Prior to determining the amount of funds available to	143523
award under this section and section 3333.122 of the Revised Code,	143524
the Chancellor shall use the foregoing appropriation item 235563,	143525
Ohio College Opportunity Grant, to pay for renewals or partial	143526
renewals of scholarships students receive under the Ohio Academic	143527
Scholarship Program under sections 3333.21 and 3333.22 of the	143528
Revised Code. In paying for scholarships under this division, the	143529
Chancellor shall deduct funds from the allocations made under	143530
division (A) of this section. Deductions shall be proportionate to	143531
the amounts allocated to each sector from the total amounts	143532
appropriated for each sector under the foregoing appropriation	143533
item 235563, Ohio College Opportunity Grant, and the foregoing	143534
appropriation item 235667, Ohio College Opportunity Grant -	143535
Proprietary.	143536

In each fiscal year, the Chancellor shall not distribute or	143537
obligate or commit to be distributed an amount greater than what	143538
is appropriated under the foregoing appropriation item 235563,	143539
Ohio College Opportunity Grant.	143540

(D) The Chancellor shall establish, and post on the Ohio	143541
Board of Regents' web site, award tables based on any formulas	143542
created under division (B) of this section. The Chancellor shall	143543
notify students and institutions of any reductions in awards under	143544
this section.	143545

On or before August 31, 2011, the Chancellor of the Board of	143546
Regents shall submit award tables to the Controlling Board for the	143547
2011-2012 academic year and allocations of Ohio College	143548
Opportunity Grant awards not already specified in section 3333.122	143549
of the Revised Code.	143550

(E) Notwithstanding section 3333.122 of the Revised Code, no	143551
student shall be eligible to receive an Ohio College Opportunity	143552
Grant for more than ten semesters, fifteen quarters, or the	143553
equivalent of five academic years, less the number of semesters or	143554
quarters in which the student received an Ohio Instructional	143555
Grant.	143556

Section 371.50.20. THE OHIO STATE UNIVERSITY CLINIC SUPPORT

143557

The foregoing appropriation item 235572, The Ohio State	143558
University Clinic Support, shall be distributed through the	143559
Chancellor of the Board of Regents to The Ohio State University	143560
for support of dental and veterinary medicine clinics.	143561

Section 371.50.30. NATIONAL GUARD SCHOLARSHIP PROGRAM

143562

The Chancellor of the Board of Regents shall disburse funds	143563
from appropriation item 235599, National Guard Scholarship	143564
Program. During each fiscal year, the Chancellor of the Board of	143565
Regents, within ten days of cancellation, may certify to the	143566
Director of Budget and Management the amount of canceled	143567
prior-year encumbrances in appropriation item 235599, National	143568
Guard Scholarship Program. Upon receipt of the certification, the	143569
Director of Budget and Management may transfer cash in an amount	143570
up to the amount certified from the General Revenue Fund to the	143571
National Guard Scholarship Reserve Fund (Fund 5BM0). The	143572
Chancellor of the Board of Regents shall seek Controlling Board	143573
approval to authorize additional expenditures for appropriation	143574
item 235623, National Guard Scholarship Reserve Fund. Upon	143575
approval of the Controlling Board, the additional amounts are	143576
hereby appropriated. The Chancellor of the Board of Regents shall	143577
disburse funds from appropriation item 235623, National Guard	143578
Scholarship Reserve Fund.	143579

Section 371.50.40. PLEDGE OF FEES

143580

Any new pledge of fees, or new agreement for adjustment of	143581
fees, made in the biennium ending June 30, 2013, to secure bonds	143582
or notes of a state-assisted institution of higher education for a	143583
project for which bonds or notes were not outstanding on the	143584
effective date of this section shall be effective only after	143585
approval by the Chancellor of the Board of Regents, unless	143586
approved in a previous biennium.	143587

Section 371.50.50. HIGHER EDUCATION GENERAL OBLIGATION DEBT	143588
SERVICE	143589

The foregoing appropriation item 235909, Higher Education	143590
General Obligation Debt Service, shall be used to pay all debt	143591
service and related financing costs at the times they are required	143592
to be made during the period from July 1, 2011, through June 30,	143593
2013, for obligations issued under sections 151.01 and 151.04 of	143594
the Revised Code.	143595

Section 371.50.60. SALES AND SERVICES

143596

The Chancellor of the Board of Regents is authorized to	143597
charge and accept payment for the provision of goods and services.	143598
Such charges shall be reasonably related to the cost of producing	143599
the goods and services. Except as otherwise provided by law, no	143600
charges may be levied for goods or services that are produced as	143601
part of the routine responsibilities or duties of the Chancellor.	143602
All revenues received by the Chancellor of the Board of Regents	143603
shall be deposited into Fund 4560, and may be used by the	143604
Chancellor of the Board of Regents to pay for the costs of	143605
producing the goods and services.	143606

Section 371.50.61. CO-OP INTERNSHIP PROGRAM

143607

Of the foregoing appropriation item 235649, Co-op Internship	143608
Program, $75,000 in each fiscal year shall be used by the	143609
Chancellor of the Board of Regents to support the operations of	143610
Ohio University's Voinovich School.	143611

Of the foregoing appropriation item 235649, Co-op Internship	143612
Program, $75,000 in each fiscal year, shall be used by the	143613
Chancellor of the Board of Regents to support the operations of	143614
The Ohio State University's John Glenn School of Public Affairs.	143615

Of the foregoing appropriation item 235649, Co-op Internship	143616
Program, $75,000 in each fiscal year shall be used to support the	143617
Bliss Institute of Applied Politics at the University of Akron.	143618

Of the foregoing appropriation item 235649, Co-op Internship	143619
Program, $75,000 in each fiscal year shall be used to support the	143620
Center for Public Management and Regional Affairs at Miami	143621
University.	143622

Of the foregoing appropriation item 235649, Co-op Internship	143623
Program, $75,000 in each fiscal year shall be used to support the	143624
Washington Center Internship Program.	143625

Of the foregoing appropriation item 235649, Co-op Internship	143626
Program, $75,000 in each fiscal year shall be used to support the	143627
Maxine Goodman Levin College of Urban Affairs at Cleveland State	143628
University.	143629

Of the foregoing appropriation item 235649, Co-op Internship	143630
Program, $75,000 in each fiscal year shall be used to support the	143631
University of Cincinnati Internship Program.	143632

Section 371.50.63. OHIO COLLEGE OPPORTUNITY GRANT -	143633
PROPRIETARY	143634

The foregoing appropriation item 235667, Ohio College	143635
Opportunity Grant - Proprietary, shall be used by the Chancellor	143636
of the Board of Regents to award needs-based financial aid to	143637
students enrolled in eligible private for-profit career colleges	143638
and schools, pursuant to section 3333.122 of the Revised Code and	143639
section 371.50.10 of this act.	143640

An amount equal to the unexpended, unencumbered portion of	143641
the foregoing appropriation item 235667, Ohio College Opportunity	143642
Grant - Proprietary, at the end of fiscal year 2012 is hereby	143643
reappropriated to the Board of Regents for the same purpose for	143644
fiscal year 2013.	143645

In each fiscal year, the Chancellor shall not distribute or	143646
obligate or commit to be distributed an amount greater than what	143647
is appropriated under the foregoing appropriation item 235667,	143648
Ohio College Opportunity Grant - Proprietary.	143649

Section 371.50.65. AIR FORCE INSTITUTE OF TECHNOLOGY –	143650
DEFENSE/AEROSPACE GRADUATE STUDIES INSTITUTE	143651

The foregoing appropriation item 235668, Air Force Institute	143652
of Technology – Defense/Aerospace Graduate Studies Institute,	143653
shall be used by the Defense/Aerospace Graduate Studies Institute	143654
to strengthen regional job training, equip Ohio's workforce with	143655
needed skills, and strengthen the research and educational	143656
linkages among Department of Defense facilities in Ohio,	143657
institutions of higher education in Ohio, and available industry	143658
jobs in Ohio. These funds shall be matched by private industry	143659
partners or the Department of Defense in the aggregate amount of	143660
$2,500,000 over the FY 2012 - FY 2013 biennium.	143661

Section 371.50.70. HIGHER EDUCATIONAL FACILITY COMMISSION	143662
ADMINISTRATION	143663

The foregoing appropriation item 235602, Higher Educational	143664
Facility Commission Administration, shall be used by the	143665
Chancellor of the Board of Regents for operating expenses related	143666
to the Chancellor of the Board of Regents' support of the	143667
activities of the Ohio Higher Educational Facility Commission.	143668
Upon the request of the Chancellor, the Director of Budget and	143669
Management shall transfer up to $29,100 cash in fiscal year 2012	143670
and up to $29,100 cash in fiscal year 2013 from the HEFC Operating	143671
Expenses Fund (Fund 4610) to the HEFC Administration Fund (Fund	143672
4E80).	143673

Section 371.50.80. NURSING LOAN PROGRAM

143674

The foregoing appropriation item 235606, Nursing Loan	143675
Program, shall be used to administer the nurse education	143676
assistance program. Up to $167,580 in each fiscal year may be used	143677
for operating expenses associated with the program. Any additional	143678
funds needed for the administration of the program are subject to	143679
Controlling Board approval.	143680

Section 371.50.90. VETERANS PREFERENCES

143681

The Chancellor of the Board of Regents shall work with the	143682
Department of Veterans Services to develop specific veterans	143683
preference guidelines for higher education institutions. These	143684
guidelines shall ensure that the institutions' hiring practices	143685
are in accordance with the intent of Ohio's veterans preference	143686
laws.	143687

Section 371.60.10. STATE NEED-BASED FINANCIAL AID	143688
RECONCILIATION	143689

By the first day of August in each fiscal year, or as soon as	143690
possible thereafter, the Chancellor of the Board of Regents shall	143691
certify to the Director of Budget and Management the amount	143692
necessary to pay any outstanding prior year obligations to higher	143693
education institutions for the state's need-based financial aid	143694
programs. The amounts certified are hereby appropriated to	143695
appropriation item 235618, State Need-based Financial Aid	143696
Reconciliation, from revenues received in the State Need-based	143697
Financial Aid Reconciliation Fund (Fund 5Y50).	143698

Section 371.60.20. (A) As used in this section:

143699

(1) "Board of trustees" includes the managing authority of a	143700
university branch district.	143701

(2) "State institution of higher education" has the same	143702
meaning as in section 3345.011 of the Revised Code.	143703

(B) The board of trustees of any state institution of higher	143704
education, notwithstanding any rule of the institution to the	143705
contrary, may adopt a policy providing for mandatory furloughs of	143706
employees, including faculty, to achieve spending reductions	143707
necessitated by institutional budget deficits.	143708

Section 371.60.40. EFFICIENCY ADVISORY COMMITTEE

143709

The Chancellor of the Board of Regents shall establish an	143710
efficiency advisory committee for the purpose of generating	143711
optimal efficiency plans for campuses, identifying shared services	143712
opportunities, and sharing best practices. The efficiency advisory	143713
committee shall also attempt to reduce the cost of textbooks and	143714
other education resource materials. The committee shall meet at	143715
the call of the Chancellor or the Chancellor's designee, but at	143716
least quarterly. Each state institution of higher education shall	143717
designate an employee to serve as its efficiency officer	143718
responsible for the evaluation and improvement of operational	143719
efficiencies on campus. Each efficiency officer shall serve on the	143720
efficiency advisory committee.	143721

Section 371.60.50. TEXTBOOK AFFORDABILITY

143722

Each state institution of higher education shall submit to	143723
the Chancellor of the Board of Regents by December 31, 2011, a	143724
plan to reduce the cost to students of textbooks and other	143725
education resource materials.	143726

Section 371.60.60. TUITION TRUST AUTHORITY APPROPRIATION LINE	143727
ITEM TRANSFER	143728

On July 1, 2011, or as soon as possible thereafter, the	143729
Director of Budget and Management, upon request by the Chancellor	143730
of the Board of Regents, shall cancel any existing encumbrances	143731
against appropriation item 095602, Variable Savings Plans, and	143732
re-establish them against appropriation item 235663, Variable	143733
Savings Plans. The re-established encumbrance amounts are hereby	143734
appropriated.	143735

On July 1, 2011, or as soon as possible thereafter, the	143736
Director of Budget and Management, upon request by the Chancellor	143737
of the Board of Regents, shall cancel any existing encumbrances	143738
against appropriation item 095601, Guaranteed Savings Plan, and	143739
re-establish them against appropriation item 235664, Guaranteed	143740
Savings Plan. The re-established encumbrance amounts are hereby	143741
appropriated.	143742

Section 371.60.70. (A) Notwithstanding anything to the	143743
contrary in sections 3333.81 to 3333.88 of the Revised Code, the	143744
distance learning clearinghouse required to be established under	143745
those sections shall be located at the Ohio Resource Center for	143746
Mathematics, Science, and Reading administered by the College of	143747
Education and Human Ecology at The Ohio State University. The	143748
College shall provide access to its online repository of	143749
educational content to offer courses from multiple providers at	143750
competitive prices for Ohio students in grades kindergarten to	143751
twelve.	143752

(B) The College shall review the content of each course	143753
offered to assess the course's alignment with the academic	143754
standards adopted under division (A) of section 3301.079 of the	143755
Revised Code and shall publish its determination about the degree	143756
of alignment.	143757

(C) The College shall indicate, for each course offered, the	143758
academic credit that a student may reasonably expect to earn upon	143759
successful completion of the course. However, in accordance with	143760
section 3333.85 of the Revised Code, the school district or school	143761
in which the student is enrolled retains full authority to	143762
determine the credit awarded to the student.	143763

(D) As prescribed by section 3333.84 of the Revised Code, the	143764
fee charged for a course shall be set by the course provider. The	143765
College may retain a percentage of the fee to offset the cost of	143766
maintaining the course repository.	143767

(E) The College may establish policies to protect the	143768
proprietary interest in or intellectual property of the	143769
educational content and courses that are housed in the course	143770
repository. The College may require end users to agree to the	143771
terms of any such policies prior to accessing the repository.	143772

Section 371.60.80. (A) The Ohio Digital Learning Task Force	143773
is hereby established to develop a strategy for the expansion of	143774
digital learning that enables students to customize their	143775
education, produces cost savings, and meets the needs of Ohio's	143776
economy. The Task Force shall consist of the following members:	143777

(1) The Chancellor of the Ohio Board of Regents or the	143778
Chancellor's designee;	143779

(2) The Superintendent of Public Instruction or the	143780
Superintendent's designee;	143781

(3) The Director of the Governor's Office of 21st Century	143782
Education or the Director's designee;	143783

(4) Up to six members appointed by the Governor, who shall be	143784
representatives of school districts or community schools,	143785
established under Chapter 3314. of the Revised Code, that are	143786
high-performing of their type and have demonstrated the ability to	143787
incorporate technology into the classroom successfully;	143788

(5) A member appointed by the President of the Senate;

143789

(6) A member appointed by the Speaker of the House of	143790
Representatives.	143791

(B) Members of the Task Force shall be appointed not later	143792
than sixty days after the effective date of this section.	143793
Vacancies on the Task Force shall be filled in the same manner as	143794
the original appointments. Members shall serve without	143795
compensation.	143796

(C) The Governor shall designate the chairperson of the Task	143797
Force. All meetings of the Task Force shall be held at the call of	143798
the chairperson.	143799

(D) The Task Force shall do all of the following:

143800

(1) Request information from textbook publishers about the	143801
development of digital textbooks and other new digital content	143802
distribution methods for use by primary, secondary, and	143803
post-secondary schools and institutions and examine that	143804
information;	143805

(2) Examine potential cost savings and efficiency of	143806
utilizing digital textbooks and other new digital content	143807
distribution methods in primary, secondary, and post-secondary	143808
schools and institutions;	143809

(3) Examine potential academic benefits of utilizing digital	143810
textbooks and other new digital content distribution methods,	143811
including, but not limited to, the ability to individualize	143812
content to specific student learning styles, accessibility for	143813
individuals with disabilities, and the integration of formative	143814
and other online assessments;	143815

(4) Examine digital content pilot programs and initiatives	143816
currently operating at primary, secondary, and post-secondary	143817
schools and institutions in Ohio, including, but not limited to,	143818
those financed in part with federal funds;	143819

(5) Examine any state-level initiatives to provide or	143820
facilitate use of digital content in primary, secondary, and	143821
post-secondary schools and institutions in Ohio.	143822

(E) The Task Force shall make recommendations regarding all	143823
of the following:	143824

(1) The creation of high quality digital content and	143825
instruction in grades kindergarten to twelve for free access by	143826
public and nonpublic schools and students receiving home	143827
instruction;	143828

(2) High quality professional development for teachers and	143829
principals providing online instruction or blended learning	143830
programs;	143831

(3) Funding strategies that create incentives for high	143832
performance, innovation, and options in course providers and	143833
delivery;	143834

(4) Student assessment and accountability;

143835

(5) Infrastructure to support digital learning;

143836

(6) Mobile learning and mobile learning applications;

143837

(7) The clearinghouse established under section 3333.82 of	143838
the Revised Code;	143839

(8) Ways to align the resources and digital learning	143840
initiatives of state agencies and offices;	143841

(9) Methods for removing redundancy and inefficiency in, and	143842
for providing coordination, of all digital learning programs,	143843
including the provision of free online instruction to public and	143844
nonpublic schools on a statewide basis;	143845

(10) Methods of addressing future changes in technology and	143846
learning.	143847

(E) Not later than March 1, 2012, the Task Force shall issue	143848
a report of its findings and recommendations to the Governor, the	143849
President of the Senate, and the Speaker of the House of	143850
Representatives. Upon issuance of its report, the Task Force shall	143851
cease to exist.	143852

Section 371.60.90. Not later than six months after the	143853
effective date of this section, the Chancellor of the Ohio Board	143854
of Regents shall do both of the following:	143855

(A) Take steps to facilitate full implementation of any	143856
digital textbook and digital content pilot programs currently	143857
planned at any state institutions of higher education in Ohio;	143858

(B) Take steps to ensure that those pilot programs examine	143859
the potential cost savings and efficiencies of digital content and	143860
the potential academic benefits, including, but not limited to,	143861
the ability to individualize content to specific student learning	143862
styles, accessibility for individuals with disabilities, and the	143863
integration of formative and other online assessments.	143864

Section 371.70.10. On July 1, 2011, or as soon as possible	143865
thereafter, the Chancellor of the Board of Regents shall pay to	143866
The Ohio State University an amount equal to the cash balance in	143867
the OSU Highway/Transportation Research Fund (Fund 6490). The	143868
amount of the payment is hereby appropriated from Fund 6490. Upon	143869
completion of the payment, Fund 6490 is hereby abolished and the	143870
Chancellor of the Board of Regents shall cancel any existing	143871
encumbrances against appropriation item 235607, The Ohio State	143872
University Highway/Transportation Research.	143873

Section 371.70.20. An amount equal to the unexpended,	143874
unencumbered, previously released balance of capital appropriation	143875
item C38816, Penta Renovations, at the end of fiscal year 2010 is	143876
hereby reappropriated and released to the same appropriation item	143877
for fiscal year 2012, to be used to support the campus renovation	143878
program at Owens Community College. This amount represents the	143879
amount of fiscal year 2010 capital encumbrances that were	143880
inadvertently canceled and does not represent a new capital	143881
appropriation.	143882

Section 373.10. DRC DEPARTMENT OF REHABILITATION AND	143883
CORRECTION	143884

General Revenue Fund							143885
GRF	501321	Institutional Operations	$	909,547,156	$	866,592,589	143886
GRF	501403	Prisoner Compensation	$	8,599,255	$	8,599,255	143887
GRF	501405	Halfway House	$	43,637,069	$	43,622,104	143888
GRF	501406	Lease Rental Payments	$	42,863,100	$	104,301,500	143889
GRF	501407	Community Nonresidential Programs	$	25,859,382	$	25,839,390	143890
GRF	501408	Community Misdemeanor Programs	$	14,906,800	$	14,906,800	143891
GRF	501501	Community Residential Programs - CBCF	$	62,692,785	$	62,477,785	143892
GRF	502321	Mental Health Services	$	58,525,816	$	51,778,513	143893
GRF	503321	Parole and Community Operations	$	68,197,272	$	63,783,848	143894
GRF	504321	Administrative Operations	$	21,996,504	$	20,085,474	143895
GRF	505321	Institution Medical Services	$	209,231,014	$	195,241,961	143896
GRF	506321	Institution Education Services	$	20,237,576	$	18,086,492	143897
GRF	507321	Institution Recovery Services	$	5,786,109	$	5,375,737	143898
TOTAL GRF General Revenue Fund			$	1,492,079,838	$	1,480,691,448	143899

General Services Fund Group	143900

1480	501602	Services and Agricultural	$	3,579,250	$	3,584,263	143901
2000	501607	Ohio Penal Industries	$	38,000,000	$	38,000,000	143902
4830	501605	Property Receipts	$	182,723	$	182,086	143903
4B00	501601	Sewer Treatment Services	$	2,145,630	$	2,157,682	143904
4D40	501603	Prisoner Programs	$	14,900,000	$	14,900,000	143905
4L40	501604	Transitional Control	$	1,168,843	$	1,213,120	143906
4S50	501608	Education Services	$	2,376,041	$	2,359,775	143907
5710	501606	Training Academy Receipts	$	125,000	$	125,000	143908
5930	501618	Laboratory Services	$	6,665,137	$	6,664,729	143909
5AF0	501609	State and Non-Federal Awards	$	1,440,000	$	1,440,000	143910
5H80	501617	Offender Financial Responsibility	$	2,000,000	$	2,000,000	143911
5L60	501611	Information Technology Services	$	600,000	$	600,000	143912
TOTAL GSF General Services Fund Group			$	73,182,624	$	73,226,655	143913

Federal Special Revenue Fund Group	143914

3230	501619	Federal Grants	$	9,013,558	$	9,180,703	143915
TOTAL FED Federal Special Revenue							143916
Fund Group			$	9,013,558	$	9,180,703	143917

TOTAL ALL BUDGET FUND GROUPS

1,574,276,020

1,563,098,806

143918

TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL	143919
SENTENCING REFORMS	143920

For the purposes of implementing criminal sentencing reforms,	143921
and notwithstanding any other provision of law to the contrary,	143922
the Director of Budget and Management, at the request of the	143923
Director of Rehabilitation and Correction, may transfer up to	143924
$14,000,000 in appropriations, in each of fiscal years 2012 and	143925
2013, from appropriation item 501321, Institutional Operations, to	143926
any combination of appropriation items 501405, Halfway House;	143927
501407, Community Residential Programs; 501408, Community	143928
Misdemeanor Programs; and 501501, Community Residential Programs -	143929
CBCF.	143930

OHIO BUILDING AUTHORITY LEASE PAYMENTS

143931

The foregoing appropriation item 501406, Lease Rental	143932
Payments, shall be used to meet all payments at the times they are	143933
required to be made during the period from July 1, 2011, through	143934
June 30, 2013, by the Department of Rehabilitation and Correction	143935
to the Ohio Building Authority under the primary leases and	143936
agreements for those buildings made under Chapter 152. of the	143937
Revised Code. These appropriations are the source of funds pledged	143938
for bond service charges or obligations issued pursuant to Chapter	143939
152. of the Revised Code.	143940

OSU MEDICAL CHARGES

143941

Notwithstanding section 341.192 of the Revised Code, at the	143942
request of the Department of Rehabilitation and Correction, The	143943
Ohio State University Medical Center, including the James Cancer	143944
Hospital and Solove Research Institute and the Richard M. Ross	143945
Heart Hospital, shall provide necessary care to persons who are	143946
confined in state adult correctional facilities. The provision of	143947
necessary care shall be billed to the Department at a rate not to	143948
exceed the authorized reimbursement rate for the same service	143949
established by the Department of Job and Family Services under the	143950
Medical Assistance Program.	143951

Section 375.10. RSC REHABILITATION SERVICES COMMISSION

143952

General Revenue Fund	143953

GRF	415402	Independent Living Council	$	252,000	$	252,000	143954
GRF	415406	Assistive Technology	$	26,618	$	26,618	143955
GRF	415431	Office for People with Brain Injury	$	126,567	$	126,567	143956
GRF	415506	Services for People with Disabilities	$	12,777,884	$	12,777,884	143957
GRF	415508	Services for the Deaf	$	28,000	$	28,000	143958
TOTAL GRF General Revenue Fund			$	13,211,069	$	13,211,069	143959

General Services Fund Group	143960

4670	415609	Business Enterprise Operating Expenses	$	1,308,431	$	1,303,090	143961
TOTAL GSF General Services							143962
Fund Group			$	1,308,431	$	1,303,090	143963

Federal Special Revenue Fund Group	143964

3170	415620	Disability Determination	$	97,579,095	$	97,579,095	143965
3790	415616	Federal - Vocational Rehabilitation	$	103,160,426	$	103,150,102	143966
3L10	415601	Social Security Personal Care Assistance	$	3,370,000	$	3,370,000	143967
3L10	415605	Social Security Community Centers for the Deaf	$	772,000	$	772,000	143968
3L10	415608	Social Security Special Programs/Assistance	$	1,521,406	$	1,520,184	143969
3L40	415612	Federal Independent Living Centers or Services	$	652,222	$	652,222	143970
3L40	415615	Federal - Supported Employment	$	929,755	$	929,755	143971
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	2,137,338	$	2,137,338	143972
TOTAL FED Federal Special							143973
Revenue Fund Group			$	210,122,242	$	210,110,696	143974

State Special Revenue Fund Group	143975

4680	415618	Third Party Funding	$	10,802,589	$	10,802,589	143976
4L10	415619	Services for Rehabilitation	$	3,700,000	$	3,700,000	143977
4W50	415606	Program Management Expenses	$	11,636,730	$	11,587,201	143978
TOTAL SSR State Special							143979
Revenue Fund Group			$	26,139,319	$	26,089,790	143980
TOTAL ALL BUDGET FUND GROUPS			$	250,781,061	$	250,714,645	143981

INDEPENDENT LIVING COUNCIL

143982

The foregoing appropriation item 415402, Independent Living	143983
Council, shall be used to fund the operations of the State	143984
Independent Living Council and to support state independent living	143985
centers and independent living services under Title VII of the	143986
Independent Living Services and Centers for Independent Living of	143987
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	143988
U.S.C. 796d.	143989

Of the foregoing appropriation item 415402, Independent	143990
Living Council, $67,662 in each fiscal year shall be used as state	143991
matching funds for vocational rehabilitation innovation and	143992
expansion activities.	143993

ASSISTIVE TECHNOLOGY

143994

The total amount of the foregoing appropriation item 415406,	143995
Assistive Technology, shall be provided to Assistive Technology of	143996
Ohio to provide grants and assistive technology services for	143997
people with disabilities in the State of Ohio.	143998

OFFICE FOR PEOPLE WITH BRAIN INJURY

143999

The foregoing appropriation item 415431, Office for People	144000
with Brain Injury, shall be used to plan and coordinate	144001
head-injury-related services provided by state agencies and other	144002
government or private entities, to assess the needs for such	144003
services, and to set priorities in this area.	144004

Of the foregoing appropriation item 415431, Office for People	144005
with Brain Injury, $44,067 in each fiscal year shall be used as	144006
state matching funds to provide vocational rehabilitation services	144007
to eligible consumers.	144008

VOCATIONAL REHABILITATION SERVICES

144009

The foregoing appropriation item 415506, Services for People	144010
with Disabilities, shall be used as state matching funds to	144011
provide vocational rehabilitation services to eligible consumers.	144012

At the request of the Chancellor of the Board of Regents, the	144013
Director of Budget and Management may transfer any unexpended,	144014
unencumbered appropriation in fiscal year 2012 or fiscal year 2013	144015
from appropriation item 235502, Student Support Services, to	144016
appropriation item 415506, Services for People with Disabilities.	144017
Any appropriation so transferred shall be used by the Ohio	144018
Rehabilitation Services Commission to obtain additional federal	144019
matching funds to serve disabled students.	144020

SERVICES FOR THE DEAF

144021

The foregoing appropriation item 415508, Services for the	144022
Deaf, shall be used to provide grants to community centers for the	144023
deaf.	144024

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

144025

The foregoing appropriation item 415617, Independent	144026
Living/Vocational Rehabilitation Programs, shall be used to	144027
support vocational rehabilitation programs.	144028

SOCIAL SECURITY REIMBURSEMENT FUNDS

144029

Reimbursement funds received from the Social Security	144030
Administration, United States Department of Health and Human	144031
Services, for the costs of providing services and training to	144032
return disability recipients to gainful employment shall be	144033
expended from the Social Security Reimbursement Fund (Fund 3L10),	144034
to the extent funds are available, as follows:	144035

(A) Appropriation item 415601, Social Security Personal Care	144036
Assistance, to provide personal care services in accordance with	144037
section 3304.41 of the Revised Code;	144038

(B) Appropriation item 415605, Social Security Community	144039
Centers for the Deaf, to provide grants to community centers for	144040
the deaf in Ohio for services to individuals with hearing	144041
impairments; and	144042

(C) Appropriation item 415608, Social Security Special	144043
Programs/Assistance, to provide vocational rehabilitation services	144044
to individuals with severe disabilities who are Social Security	144045
beneficiaries, to enable them to achieve competitive employment.	144046
This appropriation item shall also be used to pay a portion of	144047
indirect costs of the Personal Care Assistance Program and the	144048
Independent Living Programs as mandated by federal OMB Circular	144049
A-87.	144050

PROGRAM MANAGEMENT EXPENSES

144051

The foregoing appropriation item 415606, Program Management	144052
Expenses, shall be used to support the administrative functions of	144053
the commission related to the provision of vocational	144054
rehabilitation, disability determination services, and ancillary	144055
programs.	144056

Section 377.10. RCB RESPIRATORY CARE BOARD

144057

General Services Fund Group	144058

4K90	872609	Operating Expenses	$	528,624	$	523,013	144059
TOTAL GSF General Services							144060
Fund Group			$	528,624	$	523,013	144061
TOTAL ALL BUDGET FUND GROUPS			$	528,624	$	523,013	144062

Section 379.10. RDF REVENUE DISTRIBUTION FUNDS

144064

Volunteer Firefighters' Dependents Fund	144065

7085	800985	Volunteer Firemen's Dependents Fund	$	300,000	$	300,000	144066
TOTAL 085 Volunteer Firefighters'							144067
Dependents Fund			$	300,000	$	300,000	144068
Agency Fund Group							144069
4P80	001698	Cash Management Improvement Fund	$	3,100,000	$	3,100,000	144070
5JG0	110633	Gross Casino Revenue County Fund	$	5,778,617	$	138,882,294	144071
5JH0	110634	Gross Casino Revenue County Student Fund	$	3,852,412	$	92,588,196	144072
5JJ0	110636	Gross Casino Revenue Host City Fund	$	566,531	$	13,615,911	144073
5JK0	875610	Ohio State Racing Commission Fund	$	339,919	$	8,169,547	144074
5JL0	038629	Problem Casino Gambling and Addictions Fund	$	226,612	$	5,446,364	144075
5JN0	055654	Ohio Law Enforcement Training Fund	$	226,612	$	5,446,364	144076
6080	001699	Investment Earnings	$	50,000,000	$	150,000,000	144077
7062	110962	Resort Area Excise Tax	$	1,000,000	$	1,000,000	144078
7063	110963	Permissive Tax Distribution	$	1,904,500,000	$	1,980,700,000	144079
7067	110967	School District Income Tax	$	317,000,000	$	330,000,000	144080
TOTAL AGY Agency Fund Group			$	2,286,590,703	$	2,728,948,676	144081

Holding Account Redistribution	144082

R045	110617	International Fuel Tax Distribution	$	40,000,000	$	40,000,000	144083
TOTAL 090 Holding Account Redistribution Fund							144084
Revenue Distribution Fund Group			$	40,000,000	$	40,000,000	144085
7049	038900	Indigent Drivers Alcohol Treatment	$	2,200,000	$	2,200,000	144086
7050	762900	International Registration Plan Distribution	$	30,000,000	$	30,000,000	144087
7051	762901	Auto Registration Distribution	$	539,000,000	$	539,000,000	144088
7054	110954	Local Government Property Tax Replacement - Utility	$	16,000,000	$	11,000,000	144089
7060	110960	Gasoline Excise Tax Fund	$	393,000,000	$	395,000,000	144090
7065	110965	Public Library Fund	$	354,000,000	$	345,000,000	144091
7066	800966	Undivided Liquor Permits	$	14,100,000	$	14,100,000	144092
7068	110968	State and Local Government Highway Distribution	$	193,000,000	$	196,000,000	144093
7069	110969	Local Government Fund	$	577,000,000	$	348,000,000	144094
7081	110981	Local Government Property Tax Replacement-Business	$	291,000,000	$	181,000,000	144095
7082	110982	Horse Racing Tax	$	100,000	$	100,000	144096
7083	700900	Ohio Fairs Fund	$	1,400,000	$	1,400,000	144097
TOTAL RDF Revenue Distribution							144098
Fund Group			$	2,410,800,000	$	2,062,800,000	144099
TOTAL ALL BUDGET FUND GROUPS			$	4,737,690,703	$	4,832,048,676	144100

ADDITIONAL APPROPRIATIONS

144101

Appropriation items in this section shall be used for the	144102
purpose of administering and distributing the designated revenue	144103
distribution funds according to the Revised Code. If it is	144104
determined that additional appropriations are necessary for this	144105
purpose, such amounts are hereby appropriated.	144106

GENERAL REVENUE FUND TRANSFERS

144107

Notwithstanding any provision of law to the contrary, in	144108
fiscal year 2012 and fiscal year 2013, the Director of Budget and	144109
Management may transfer from the General Revenue Fund to the Local	144110
Government Tangible Property Tax Replacement Fund (Fund 7081) in	144111
the Revenue Distribution Fund Group, those amounts necessary to	144112
reimburse local taxing units under section 5751.22 of the Revised	144113
Code. Also, in fiscal year 2012 and fiscal year 2013, the Director	144114
of Budget and Management may make temporary transfers from the	144115
General Revenue Fund to ensure sufficient balances in the Local	144116
Government Tangible Property Tax Replacement Fund (Fund 7081) and	144117
to replenish the General Revenue Fund for such transfers.	144118

Section 381.10. SAN BOARD OF SANITARIAN REGISTRATION

144119

General Services Fund Group	144120

4K90	893609	Operating Expenses	$	141,839	$	126,850	144121
TOTAL GSF General Services							144122
Fund Group			$	141,839	$	126,850	144123
TOTAL ALL BUDGET FUND GROUPS			$	141,839	$	126,850	144124

Section 383.10. OSB OHIO STATE SCHOOL FOR THE BLIND

144126

General Revenue Fund	144127

GRF	226100	Personal Services	$	6,593,546	$	6,593,546	144128
GRF	226200	Maintenance	$	619,528	$	619,528	144129
GRF	226300	Equipment	$	65,505	$	65,505	144130
TOTAL GRF General Revenue Fund			$	7,278,579	$	7,278,579	144131

General Services Fund Group	144132

4H80	226602	Education Reform Grants	$	60,086	$	60,086	144133
TOTAL GSF General Services							144134
Fund Group			$	60,086	$	60,086	144135

Federal Special Revenue Fund Group	144136

3100	226626	Coordinating Unit	$	2,527,104	$	2,527,104	144137
3DT0	226621	Ohio Transition Collaborative	$	1,800,000	$	1,800,000	144138
3P50	226643	Medicaid Professional Services Reimbursement	$	50,000	$	50,000	144139
TOTAL FED Federal Special							144140
Revenue Fund Group			$	4,377,104	$	4,377,104	144141

State Special Revenue Fund Group	144142

4M50	226601	Work Study and Technology Investment	$	698,521	$	698,521	144143
TOTAL SSR State Special Revenue							144144
Fund Group			$	698,521	$	698,521	144145
TOTAL ALL BUDGET FUND GROUPS			$	12,414,290	$	12,414,290	144146

Section 385.10. OSD OHIO SCHOOL FOR THE DEAF

144148

General Revenue Fund	144149

GRF	221100	Personal Services	$	7,842,339	$	7,842,339	144150
GRF	221200	Maintenance	$	814,532	$	814,532	144151
GRF	221300	Equipment	$	70,786	$	70,786	144152
TOTAL GRF General Revenue Fund			$	8,727,657	$	8,727,657	144153

General Services Fund Group	144154

4M10	221602	Education Reform Grants	$	74,903	$	74,903	144155
TOTAL GSF General Services							144156
Fund Group			$	74,903	$	74,903	144157

Federal Special Revenue Fund Group	144158

3110	221625	Coordinating Unit	$	2,460,135	$	2,460,135	144159
3R00	221684	Medicaid Professional Services Reimbursement	$	35,000	$	35,000	144160
3Y10	221686	Early Childhood Grant	$	300,000	$	300,000	144161
TOTAL FED Federal Special							144162
Revenue Fund Group			$	2,795,135	$	2,795,135	144163

State Special Revenue Fund Group	144164

4M00	221601	Educational Program Expenses	$	190,000	$	190,000	144165
5H60	221609	Even Start Fees and Gifts	$	126,750	$	126,750	144166
TOTAL SSR State Special Revenue							144167
Fund Group			$	316,750	$	316,750	144168
TOTAL ALL BUDGET FUND GROUPS			$	11,914,445	$	11,914,445	144169

Section 387.10. SFC SCHOOL FACILITIES COMMISSION

144171

General Revenue Fund	144172

GRF	230908		Common Schools General Obligation Debt Service		$	150,604,900		$	341,919,400		144173
TOTAL GRF General Revenue Fund					$	150,604,900		$	341,919,400		144174

State Special Revenue Fund Group	144175

5E30	230644	Operating Expenses	$	8,950,000	$	8,550,000	144176
TOTAL SSR State Special Revenue							144177
Fund Group			$	8,950,000	$	8,550,000	144178
TOTAL ALL BUDGET FUND GROUPS			$	159,554,900	$	350,469,400	144179

Section 387.20. COMMON SCHOOLS GENERAL OBLIGATION DEBT	144181
SERVICE	144182

The foregoing appropriation item 230908, Common Schools	144183
General Obligation Debt Service, shall be used to pay all debt	144184
service and related financing costs at the times they are required	144185
to be made during the period from July 1, 2011, through June 30,	144186
2013, for obligations issued under sections 151.01 and 151.03 of	144187
the Revised Code.	144188

OPERATING EXPENSES

144189

The foregoing appropriation item 230644, Operating Expenses,	144190
shall be used by the Ohio School Facilities Commission to carry	144191
out its responsibilities under this section and Chapter 3318. of	144192
the Revised Code.	144193

In both fiscal years 2012 and 2013, the Executive Director of	144194
the Ohio School Facilities Commission shall certify on a quarterly	144195
basis to the Director of Budget and Management the amount of cash	144196
from interest earnings to be transferred from the School Building	144197
Assistance Fund (Fund 7032), the Public School Building Fund (Fund	144198
7021), and the Educational Facilities Trust Fund (Fund N087) to	144199
the Ohio School Facilities Commission Fund (Fund 5E30). The amount	144200
transferred from the School Building Assistance Fund (Fund 7032)	144201
may not exceed investment earnings credited to the fund, less any	144202
amount required to be paid for federal arbitrage rebate purposes.	144203

If the Executive Director of the Ohio School Facilities	144204
Commission determines that transferring cash from interest	144205
earnings is insufficient to support operations and carry out its	144206
responsibilities under this section and Chapter 3318. of the	144207
Revised Code, the Commission may, with the approval of the	144208
Controlling Board, transfer cash not generated from interest from	144209
the Public School Building Fund (Fund 7021) and the Educational	144210
Trust Fund (Fund N087) to the Ohio School Facilities Commission	144211
Fund (Fund 5E30).	144212

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

144213

At the request of the Executive Director of the Ohio School	144214
Facilities Commission, the Director of Budget and Management may	144215
cancel encumbrances for school district projects from a previous	144216
biennium if the district has not raised its local share of project	144217
costs within thirteen months of receiving Controlling Board	144218
approval under section 3318.05 or 3318.41 of the Revised Code. The	144219
Executive Director of the Ohio School Facilities Commission shall	144220
certify the amounts of the canceled encumbrances to the Director	144221
of Budget and Management on a quarterly basis. The amounts of the	144222
canceled encumbrances are hereby appropriated.	144223

Section 387.30. AMENDMENT TO PROJECT AGREEMENT FOR	144224
MAINTENANCE LEVY	144225

The Ohio School Facilities Commission shall amend the project	144226
agreement between the Commission and a school district that is	144227
participating in the Accelerated Urban School Building Assistance	144228
Program on the effective date of this section, if the Commission	144229
determines that it is necessary to do so in order to comply with	144230
division (B)(3)(c) of section 3318.38 of the Revised Code.	144231

Section 387.40. CANTON CITY SCHOOL DISTRICT PROJECT

144232

(A) The Ohio School Facilities Commission may commit up to	144233
thirty-five million dollars to the Canton City School District for	144234
construction of a facility described in this section, in lieu of a	144235
high school that would otherwise be authorized under Chapter 3318.	144236
of the Revised Code. The Commission shall not commit funds under	144237
this section unless all of the following conditions are met:	144238

(1) The District has entered into a cooperative agreement	144239
with a state-assisted technical college;	144240

(2) The District has received an irrevocable commitment of	144241
additional funding from nonpublic sources; and	144242

(3) The facility is intended to serve both secondary and	144243
postsecondary instructional purposes.	144244

(B) The Commission shall enter into an agreement with the	144245
District for the construction of the facility authorized under	144246
this section that is separate from and in addition to the	144247
agreement required for the District's participation in the	144248
Classroom Facilities Assistance Program under section 3318.08 of	144249
the Revised Code. Notwithstanding that section and sections	144250
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional	144251
agreement shall provide, but not be limited to, the following:	144252

(1) The Commission shall not have any oversight	144253
responsibilities over the construction of the facility.	144254

(2) The facility need not comply with the specifications for	144255
plans and materials for high schools adopted by the Commission.	144256

(3) The Commission may decrease the basic project cost that	144257
would otherwise be calculated for a high school under Chapter	144258
3318. of the Revised Code.	144259

(4) The state shall not share in any increases in the basic	144260
project cost for the facility above the amount authorized under	144261
this section.	144262

All other provisions of Chapter 3318. of the Revised Code	144263
apply to the approval and construction of a facility authorized	144264
under this section.	144265

The state funds committed to the facility authorized by this	144266
section shall be part of the total amount the state commits to the	144267
Canton City School District under Chapter 3318. of the Revised	144268
Code. All additional state funds committed to the Canton City	144269
School District for classroom facilities assistance shall be	144270
subject to all provisions of Chapter 3318. of the Revised Code.	144271

Section 387.50. Notwithstanding any other provision of law to	144272
the contrary, the Ohio School Facilities Commission may determine	144273
the amount of funding available for disbursement in a given fiscal	144274
year for any project approved under sections 3318.01 to 3318.20 of	144275
the Revised Code in order to keep aggregate state capital spending	144276
within approved limits and may take actions including, but not	144277
limited to, determining the schedule for design or bidding of	144278
approved projects, to ensure appropriate and supportable cash	144279
flow.	144280

Section 387.60. Notwithstanding division (B) of section	144281
3318.40 of the Revised Code, the Ohio School Facilities Commission	144282
may provide assistance to at least one joint vocational school	144283
district each fiscal year for the acquisition of classroom	144284
facilities in accordance with sections 3318.40 to 3318.45 of the	144285
Revised Code.	144286

Section 387.70. (A) As used in this section, "equity list"	144287
means the school district percentile rankings calculated under	144288
section 3318.011 of the Revised Code.	144289

(B) Not later than thirty days after the effective date of	144290
this section, the Department of Education shall create an	144291
alternate equity list for fiscal year 2011, for use in funding	144292
projects for fiscal year 2012, by recalculating each school	144293
district's percentile ranking under section 3318.011 of the	144294
Revised Code and shall certify the alternate equity list to the	144295
Ohio School Facilities Commission. For this purpose, the	144296
Department shall recalculate each school district's percentile	144297
ranking using the district's "average taxable value" as that term	144298
is defined in the version of section 3318.011 of the Revised Code,	144299
as it results from the amendments to that section enacted by this	144300
act.	144301

(C) The Commission shall use the alternate equity list	144302
certified under division (B) of this section to determine the	144303
priority for assistance under sections 3318.01 to 3318.20 of the	144304
Revised Code for fiscal year 2012 for each school district that	144305
has not previously been offered funding under those sections.	144306
However, no district that already has been offered assistance	144307
under those sections for fiscal year 2011 prior to the	144308
Commission's receipt of the alternate equity list shall be denied	144309
the opportunity for assistance under those sections for that	144310
fiscal year.	144311

(D) Notwithstanding any provision of Chapter 3318. of the	144312
Revised Code to the contrary, for each school district that	144313
receives the Commission's conditional approval of the district's	144314
project under sections 3318.01 to 3318.20 of the Revised Code for	144315
fiscal year 2012, the district's portion of the basic project cost	144316
shall be the lesser of the following:	144317

(1) The amount required under section 3318.032 of the Revised	144318
Code calculated using the percentile in which the district ranks	144319
on the alternate equity list certified under division (B) of this	144320
section;	144321

(2) The amount required under section 3318.032 of the Revised	144322
Code calculated using the percentile in which the district ranks	144323
on the original equity list for fiscal year 2011.	144324

Section 389.10. SOS SECRETARY OF STATE

144325

General Revenue Fund	144326

GRF	050321	Operating Expenses	$	2,144,030	$	2,144,030	144327
GRF	050407	Pollworkers Training	$	234,196	$	234,196	144328
TOTAL GRF General Revenue Fund			$	2,378,226	$	2,378,226	144329

General Services Fund Group	144330

4120	050609	Notary Commission	$	475,000	$	475,000	144331
4130	050601	Information Systems	$	49,000	$	49,000	144332
4140	050602	Citizen Education Fund	$	25,000	$	25,000	144333
4S80	050610	Board of Voting Machine Examiners	$	7,200	$	7,200	144334
5FG0	050620	BOE Reimbursement and Education	$	100,000	$	100,000	144335
TOTAL General Services Fund Group			$	656,200	$	656,200	144336

Federal Special Revenue Fund Group	144337

3AH0	050614	Election Reform/Health and Human Services	$	800,000	$	800,000	144338
3AS0	050616	Help America Vote Act (HAVA)	$	3,000,000	$	3,000,000	144339
TOTAL FED Federal Special Revenue							144340
Fund Group			$	3,800,000	$	3,800,000	144341

State Special Revenue Fund Group	144342

5990	050603	Business Services Operating Expenses	$	14,385,400	$	14,385,400	144343
TOTAL SSR State Special Revenue							144344
Fund Group			$	14,385,400	$	14,385,400	144345

Holding Account Redistribution Fund Group	144346

R001	050605	Uniform Commercial Code Refunds	$	30,000	$	30,000	144347
R002	050606	Corporate/Business Filing Refunds	$	85,000	$	85,000	144348
TOTAL 090 Holding Account							144349
Redistribution Fund Group			$	115,000	$	115,000	144350
TOTAL ALL BUDGET FUND GROUPS			$	21,334,826	$	21,334,826	144351

POLLWORKER TRAINING

144352

The foregoing appropriation item 050407, Pollworkers	144353
Training, shall be used to reimburse county boards of elections	144354
for pollworker training pursuant to section 3501.27 of the Revised	144355
Code. At the end of fiscal year 2012, an amount equal to the	144356
unexpended, unencumbered portion of appropriation item 050407,	144357
Pollworkers Training, is hereby reappropriated in fiscal year 2013	144358
for the same purpose.	144359

BOARD OF VOTING MACHINE EXAMINERS

144360

The foregoing appropriation item 050610, Board of Voting	144361
Machine Examiners, shall be used to pay for the services and	144362
expenses of the members of the Board of Voting Machine Examiners,	144363
and for other expenses that are authorized to be paid from the	144364
Board of Voting Machine Examiners Fund, which is created in	144365
section 3506.05 of the Revised Code. Moneys not used shall be	144366
returned to the person or entity submitting equipment for	144367
examination. If it is determined that additional appropriations	144368
are necessary, such amounts are hereby appropriated.	144369

HAVA FUNDS

144370

An amount equal to the unexpended, unencumbered portion of	144371
appropriation item 050616, Help America Vote Act (HAVA) Voting	144372
Machines, at the end of fiscal year 2012 is reappropriated for the	144373
same purpose in fiscal year 2013.	144374

An amount equal to the unexpended, unencumbered portion of	144375
appropriation item 050614, Election Reform/Health and Human	144376
Services, at the end of fiscal year 2012 is reappropriated for the	144377
same purpose in fiscal year 2013.	144378

The Director of Budget and Management shall credit the	144379
ongoing interest earnings from the Election Reform/Health and	144380
Human Services Fund (Fund 3AH0), the Help America Vote Act (HAVA)	144381
Voting Machines Fund (Fund 3AS0), and the Election Data Collection	144382
Grant Fund (Fund 3AC0) to the respective funds and distribute	144383
these earnings in accordance with the terms of the grant under	144384
which the money is received.	144385

HOLDING ACCOUNT REDISTRIBUTION GROUP

144386

The foregoing appropriation items 050605, Uniform Commercial	144387
Code Refunds, and 050606, Corporate/Business Filing Refunds, shall	144388
be used to hold revenues until they are directed to the	144389
appropriate accounts or until they are refunded. If it is	144390
determined that additional appropriations are necessary, such	144391
amounts are hereby appropriated.	144392

ABOLITION OF THE TECHNOLOGY IMPROVEMENTS FUND

144393

On July 1, 2011, or as soon as possible thereafter, the	144394
Director of Budget and Management shall transfer the cash balance	144395
in the Technology Improvements Fund (Fund 5N90) to the Business	144396
Services Operating Expenses Fund (Fund 5990). The Director shall	144397
cancel any existing encumbrances against appropriation item	144398
050607, Technology Improvements, and re-establish them against	144399
appropriation item 050603, Business Services Operating Expenses.	144400
The re-established encumbered amounts are hereby appropriated.	144401
Upon completion of the transfer, Fund 5N90 is abolished.	144402

Section 391.10. SEN THE OHIO SENATE

144403

General Revenue Fund	144404

GRF	020321		Operating Expenses		$	10,911,095		$	10,911,095		144405
TOTAL GRF General Revenue Fund					$	10,911,095		$	10,911,095		144406

General Services Fund Group	144407

1020	020602	Senate Reimbursement	$	852,001	$	852,001	144408
4090	020601	Miscellaneous Sales	$	34,497	$	34,497	144409
TOTAL GSF General Services							144410
Fund Group			$	886,498	$	886,498	144411
TOTAL ALL BUDGET FUND GROUPS			$	11,797,593	$	11,797,593	144412

OPERATING EXPENSES

144413

On July 1, 2011, or as soon as possible thereafter, the Clerk	144414
of the Senate may certify to the Director of Budget and Management	144415
the amount of the unexpended, unencumbered balance of the	144416
foregoing appropriation item 020321, Operating Expenses, at the	144417
end of fiscal year 2011 to be reappropriated to fiscal year 2012.	144418
The amount certified is hereby reappropriated to the same	144419
appropriation item for fiscal year 2012.	144420

On July 1, 2012, or as soon as possible thereafter, the Clerk	144421
of the Senate may certify to the Director of Budget and Management	144422
the amount of the unexpended, unencumbered balance of the	144423
foregoing appropriation item 020321, Operating Expenses, at the	144424
end of fiscal year 2012 to be reappropriated to fiscal year 2013.	144425
The amount certified is hereby reappropriated to the same	144426
appropriation item for fiscal year 2013.	144427

Section 393.10. CSV COMMISSION ON SERVICE AND VOLUNTEERISM

144428

General Revenue Fund	144429

GRF	866321		CSV Operations		$	129,998		$	126,664		144430
TOTAL GRF General Revenue Fund					$	129,998		$	126,664		144431

General Services Fund	144432

5GN0	866605		Serve Ohio Support		$	67,500		$	67,500		144433
TOTAL GSF General Services Fund					$	67,500		$	67,500		144434

Federal Special Revenue Fund Group	144435

3R70	866617	AmeriCorps Programs	$	8,279,290	$	8,272,110	144436
TOTAL FED Federal Special Revenue							144437
Fund Group			$	8,279,290	$	8,272,110	144438

State Special Revenue Fund Group	144439

6240	866604	Volunteer Contracts and Services	$	49,130	$	47,870	144440
TOTAL SSR State Special Revenue							144441
Fund Group			$	49,130	$	47,870	144442
TOTAL ALL BUDGET FUND GROUPS			$	8,525,918	$	8,514,144	144443

Section 395.10. CSF COMMISSIONERS OF THE SINKING FUND

144445

Debt Service Fund Group	144446

7070	155905	Third Frontier Research and Development Bond Retirement Fund	$	29,323,300	$	63,640,300	144447
7072	155902	Highway Capital Improvement Bond Retirement Fund	$	143,176,000	$	150,789,300	144448
7073	155903	Natural Resources Bond Retirement Fund	$	5,375,300	$	25,209,100	144449
7074	155904	Conservation Projects Bond Retirement Fund	$	24,556,800	$	29,297,300	144450
7076	155906	Coal Research and Development Bond Retirement Fund	$	7,861,100	$	5,577,700	144451
7077	155907	State Capital Improvement Bond Retirement Fund	$	113,306,600	$	215,571,100	144452
7078	155908	Common Schools Bond Retirement Fund	$	150,604,900	$	341,919,400	144453
7079	155909	Higher Education Bond Retirement Fund	$	108,262,500	$	201,555,000	144454
7080	155901	Persian Gulf, Afghanistan, and Iraq Conflicts Bond Retirement Fund	$	5,497,700	$	10,112,100	144455
7090	155912	Job Ready Site Development Bond Retirement Fund	$	9,859,200	$	15,680,500	144456
TOTAL DSF Debt Service Fund Group			$	597,823,400	$	1,059,351,800	144457
TOTAL ALL BUDGET FUND GROUPS			$	597,823,400	$	1,059,351,800	144458

ADDITIONAL APPROPRIATIONS

144459

Appropriation items in this section are for the purpose of	144460
paying debt service and financing costs on bonds or notes of the	144461
state issued under the Ohio Constitution and acts of the General	144462
Assembly. If it is determined that additional amounts are	144463
necessary for this purpose, such amounts are hereby appropriated.	144464

Section 397.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY	144465
DEVELOPMENT FOUNDATION	144466

Tobacco Master Settlement Agreement Fund Group	144467

5M90	945601	Operating Expenses	$	436,500	$	426,800	144468
TOTAL TMF Tobacco Master Settlement Agreement Fund Group			$	436,500	$	426,800	144469
TOTAL ALL BUDGET FUND GROUPS			$	436,500	$	426,800	144470

Section 399.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	144472
AUDIOLOGY	144473

General Services Fund Group	144474

4K90	886609	Operating Expenses	$	477,490	$	472,260	144475
TOTAL GSF General Services							144476
Fund Group			$	477,490	$	472,260	144477
TOTAL ALL BUDGET FUND GROUPS			$	477,490	$	472,260	144478

Section 401.10. BTA BOARD OF TAX APPEALS

144480

General Revenue Fund	144481

GRF	116321	Operating Expenses	$	1,600,000	$	1,700,000	144482
TOTAL GRF General Revenue Fund			$	1,600,000	$	1,700,000	144483
TOTAL ALL BUDGET FUND GROUPS			$	1,600,000	$	1,700,000	144484

Section 403.10. TAX DEPARTMENT OF TAXATION

144486

General Revenue Fund	144487

GRF	110321	Operating Expenses	$	73,500,000	$	73,550,000	144488
GRF	110404	Tobacco Settlement Enforcement	$	200,000	$	200,000	144489
GRF	110412	Child Support Administration	$	15,804	$	15,804	144490
GRF	110901	Property Tax Allocation - Taxation	$	610,900,000	$	616,000,000	144491
TOTAL GRF General Revenue Fund			$	684,615,804	$	689,765,804	144492

General Services Fund Group	144493

2280	110628	Tax Reform System Implementation	$	13,638,008	$	13,642,176	144494
4330	110602	Tape File Account	$	197,802	$	197,878	144495
5AP0	110632	Discovery Project	$	2,445,799	$	2,445,657	144496
5BW0	110630	Tax Amnesty Promotion and Administration	$	2,500,000	$	0	144497
5CZ0	110631	Vendor's License Application	$	250,000	$	250,000	144498
5N50	110605	Municipal Income Tax Administration	$	339,798	$	339,975	144499
5N60	110618	Kilowatt Hour Tax Administration	$	150,000	$	150,000	144500
5V80	110623	Property Tax Administration	$	12,195,733	$	12,099,303	144501
5W40	110625	Centralized Tax Filing and Payment	$	200,000	$	200,000	144502
5W70	110627	Exempt Facility Administration	$	50,000	$	50,000	144503
TOTAL GSF General Services							144504
Fund Group			$	31,967,140	$	29,374,989	144505

State Special Revenue Fund Group	144506

4350	110607	Local Tax Administration	$	19,028,339	$	19,225,941	144507
4360	110608	Motor Vehicle Audit	$	1,474,081	$	1,474,353	144508
4370	110606	Litter/Natural Resource Tax Administration	$	20,000	$	20,000	144509
4380	110609	School District Income Tax	$	5,859,041	$	5,860,650	144510
4C60	110616	International Registration Plan	$	689,296	$	689,308	144511
4R60	110610	Tire Tax Administration	$	245,462	$	246,660	144512
5V70	110622	Motor Fuel Tax Administration	$	5,384,254	$	5,086,236	144513
6390	110614	Cigarette Tax Enforcement	$	1,384,217	$	1,384,314	144514
6420	110613	Ohio Political Party Distributions	$	500,000	$	500,000	144515
6880	110615	Local Excise Tax Administration	$	782,630	$	782,843	144516
TOTAL SSR State Special Revenue							144517
Fund Group			$	35,367,320	$	35,270,305	144518

Agency Fund Group	144519

4250	110635	Tax Refunds	$	1,546,800,000	$	1,546,800,000	144520
7095	110995	Municipal Income Tax	$	21,000,000	$	21,000,000	144521
TOTAL AGY Agency Fund Group			$	1,567,800,000	$	1,567,800,000	144522

Holding Account Redistribution Fund Group	144523

R010	110611	Tax Distributions	$	50,000	$	50,000	144524
R011	110612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	144525
TOTAL 090 Holding Account							144526
Redistribution Fund Group			$	100,000	$	100,000	144527
TOTAL ALL BUDGET FUND GROUPS			$	2,319,850,264	$	2,322,311,098	144528

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK

144529

The foregoing appropriation item 110901, Property Tax	144530
Allocation - Taxation, is hereby appropriated to pay for the	144531
state's costs incurred due to the Homestead Exemption, the	144532
Manufactured Home Property Tax Rollback, and the Property Tax	144533
Rollback. The Tax Commissioner shall distribute these funds	144534
directly to the appropriate local taxing districts, except for	144535
school districts, notwithstanding the provisions in sections	144536
321.24 and 323.156 of the Revised Code, which provide for payment	144537
of the Homestead Exemption, the Manufactured Home Property Tax	144538
Rollback, and Property Tax Rollback by the Tax Commissioner to the	144539
appropriate county treasurer and the subsequent redistribution of	144540
these funds to the appropriate local taxing districts by the	144541
county auditor.	144542

Upon receipt of these amounts, each local taxing district	144543
shall distribute the amount among the proper funds as if it had	144544
been paid as real property taxes. Payments for the costs of	144545
administration shall continue to be paid to the county treasurer	144546
and county auditor as provided for in sections 319.54, 321.26, and	144547
323.156 of the Revised Code.	144548

Any sums, in addition to the amounts specifically	144549
appropriated in appropriation item 110901, Property Tax Allocation	144550
- Taxation, for the Homestead Exemption, the Manufactured Home	144551
Property Tax Rollback, and the Property Tax Rollback payments,	144552
which are determined to be necessary for these purposes, are	144553
hereby appropriated.	144554

TAX AMNESTY PROMOTION AND ADMINISTRATION

144555

The foregoing appropriation item 110630, Tax Amnesty	144556
Promotion and Administration, shall be used to pay expenses	144557
incurred to promote and administer the tax amnesty program to be	144558
conducted from May 1, 2012, through June 15, 2012, by the	144559
Department of Taxation pursuant to Section 757.40 of this act.	144560

MUNICIPAL INCOME TAX

144561

The foregoing appropriation item 110995, Municipal Income	144562
Tax, shall be used to make payments to municipal corporations	144563
under section 5745.05 of the Revised Code. If it is determined	144564
that additional appropriations are necessary to make such	144565
payments, such amounts are hereby appropriated.	144566

TAX REFUNDS

144567

The foregoing appropriation item 110635, Tax Refunds, shall	144568
be used to pay refunds under section 5703.052 of the Revised Code.	144569
If it is determined that additional appropriations are necessary	144570
for this purpose, such amounts are hereby appropriated.	144571

INTERNATIONAL REGISTRATION PLAN AUDIT

144572

The foregoing appropriation item 110616, International	144573
Registration Plan, shall be used under section 5703.12 of the	144574
Revised Code for audits of persons with vehicles registered under	144575
the International Registration Plan.	144576

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

144577

Of the foregoing appropriation item 110607, Local Tax	144578
Administration, the Tax Commissioner may disburse funds, if	144579
available, for the purposes of paying travel expenses incurred by	144580
members of Ohio's delegation to the Streamlined Sales Tax Project,	144581
as appointed under section 5740.02 of the Revised Code. Any travel	144582
expense reimbursement paid for by the Department of Taxation shall	144583
be done in accordance with applicable state laws and guidelines.	144584

CENTRALIZED TAX FILING AND PAYMENT FUND

144585

The Director of Budget and Management, under a plan submitted	144586
by the Tax Commissioner, or as otherwise determined by the	144587
Director of Budget and Management, shall set a schedule to	144588
transfer cash from the General Revenue Fund to the credit of the	144589
Centralized Tax Filing and Payment Fund (Fund 5W40). The transfers	144590
of cash shall not exceed $400,000 in the biennium.	144591

TOBACCO SETTLEMENT ENFORCEMENT

144592

The foregoing appropriation item 110404, Tobacco Settlement	144593
Enforcement, shall be used by the Tax Commissioner to pay costs	144594
incurred in the enforcement of divisions (F) and (G) of section	144595
5743.03 of the Revised Code.	144596

Section 403.20. FUND TRANSFERS TO TAX AMNESTY PROGRAM

144597

Notwithstanding any provision of law to the contrary, not	144598
later than thirty days following the effective date of this	144599
section, the Director of Budget and Management shall transfer	144600
$2,500,000 from the General Revenue Fund to the Tax Amnesty	144601
Promotion and Administration Fund (5BW0), which is hereby created	144602
in the state treasury. The funds shall be used by the Department	144603
of Taxation to pay expenses incurred in promoting and	144604
administering the tax amnesty program that is to be conducted from	144605
May 1, 2012, through June 15, 2012, pursuant to section 757.40 of	144606
this act.	144607

Section 405.10. DOT DEPARTMENT OF TRANSPORTATION

144608

General Revenue Fund	144609

GRF	775451	Public Transportation - State	$	7,300,000	$	7,300,000	144610
GRF	776465	Ohio Rail Development Commission	$	2,000,000	$	2,000,000	144611
GRF	777471	Airport Improvements - State	$	750,000	$	750,000	144612
TOTAL GRF General Revenue Fund			$	10,050,000	$	10,050,000	144613
TOTAL ALL BUDGET FUND GROUPS			$	10,050,000	$	10,050,000	144614

Section 407.10. TOS TREASURER OF STATE

144616

General Revenue Fund	144617

GRF	090321	Operating Expenses	$	7,743,553	$	7,743,553	144618
GRF	090401	Office of the Sinking Fund	$	502,304	$	502,304	144619
GRF	090402	Continuing Education	$	377,702	$	377,702	144620
GRF	090524	Police and Fire Disability Pension Fund	$	7,900	$	7,900	144621
GRF	090534	Police and Fire Ad Hoc Cost of Living	$	87,000	$	87,000	144622
GRF	090554	Police and Fire Survivor Benefits	$	600,000	$	600,000	144623
GRF	090575	Police and Fire Death Benefits	$	20,000,000	$	20,000,000	144624
TOTAL GRF General Revenue Fund			$	29,318,459	$	29,318,459	144625

General Services Fund Group	144626

4E90	090603	Securities Lending Income	$	4,829,441	$	4,829,441	144627
5770	090605	Investment Pool Reimbursement	$	550,000	$	550,000	144628
5C50	090602	County Treasurer Education	$	170,057	$	170,057	144629
6050	090609	Treasurer of State Administrative Fund	$	135,000	$	135,000	144630
TOTAL GSF General Services							144631
Fund Group			$	5,684,498	$	5,684,498	144632

Agency Fund Group	144633

4250	090635	Tax Refunds	$	6,000,000	$	6,000,000	144634
TOTAL Agency Fund Group			$	6,000,000	$	6,000,000	144635
TOTAL ALL BUDGET FUND GROUPS			$	41,002,957	$	41,002,957	144636

Section 407.20. OFFICE OF THE SINKING FUND

144638

The foregoing appropriation item 090401, Office of the	144639
Sinking Fund, shall be used for costs incurred by or on behalf of	144640
the Commissioners of the Sinking Fund and the Ohio Public	144641
Facilities Commission with respect to State of Ohio general	144642
obligation bonds or notes, and the Treasurer of State with respect	144643
to State of Ohio general obligation and special obligation bonds	144644
or notes, including, but not limited to, printing, advertising,	144645
delivery, rating fees and the procurement of ratings, professional	144646
publications, membership in professional organizations, and other	144647
services referred to in division (D) of section 151.01 of the	144648
Revised Code. The General Revenue Fund shall be reimbursed for	144649
such costs relating to the issuance and administration of Highway	144650
Capital Improvement bonds or notes authorized under Ohio	144651
Constitution, Article VIII, Section 2m and Chapter 151. of the	144652
Revised Code. That reimbursement shall be made from appropriation	144653
item 155902, Highway Capital Improvement Bond Retirement Fund, by	144654
intrastate transfer voucher pursuant to a certification by the	144655
Office of the Sinking Fund of the actual amounts used. The amounts	144656
necessary to make such a reimbursement are hereby appropriated	144657
from the Highway Capital Improvement Bond Retirement Fund created	144658
in section 151.06 of the Revised Code.	144659

POLICE AND FIRE DEATH BENEFIT FUND

144660

The foregoing appropriation item 090575, Police and Fire	144661
Death Benefits, shall be disbursed quarterly by the Treasurer of	144662
State at the beginning of each quarter of each fiscal year to the	144663
Board of Trustees of the Ohio Police and Fire Pension Fund. The	144664
Treasurer of State shall certify such amounts quarterly to the	144665
Director of Budget and Management. By the twentieth day of June of	144666
each fiscal year, the Board of Trustees of the Ohio Police and	144667
Fire Pension Fund shall certify to the Treasurer of State the	144668
amount disbursed in the current fiscal year to make the payments	144669
required by section 742.63 of the Revised Code and shall return to	144670
the Treasurer of State moneys received from this appropriation	144671
item but not disbursed.	144672

TAX REFUNDS

144673

The foregoing appropriation item 090635, Tax Refunds, shall	144674
be used to pay refunds under section 5703.052 of the Revised Code.	144675
If the Director of Budget and Management determines that	144676
additional amounts are necessary for this purpose, such amounts	144677
are hereby appropriated.	144678

Section 409.10. VTO VETERANS' ORGANIZATIONS

144679

General Revenue Fund	144680

VAP AMERICAN EX-PRISONERS OF WAR	144681

GRF

743501

State Support

28,910

144682

VAN ARMY AND NAVY UNION, USA, INC.	144683

GRF

746501

State Support

63,539

144684

VKW KOREAN WAR VETERANS	144685

GRF

747501

State Support

57,118

144686

VJW JEWISH WAR VETERANS	144687

GRF

748501

State Support

34,321

144688

VCW CATHOLIC WAR VETERANS	144689

GRF

749501

State Support

66,978

144690

VPH MILITARY ORDER OF THE PURPLE HEART	144691

GRF

750501

State Support

65,116

144692

VVV VIETNAM VETERANS OF AMERICA	144693

GRF

751501

State Support

214,776

144694

VAL AMERICAN LEGION OF OHIO	144695

GRF

752501

State Support

349,189

144696

VII AMVETS	144697

GRF

753501

State Support

332,547

144698

VAV DISABLED AMERICAN VETERANS	144699

GRF

754501

State Support

249,836

144700

VMC MARINE CORPS LEAGUE	144701

GRF

756501

State Support

133,947

144702

V37 37TH DIVISION VETERANS' ASSOCIATION	144703

GRF

757501

State Support

6,868

144704

VFW VETERANS OF FOREIGN WARS	144705

GRF

758501

State Support

284,841

144706

TOTAL GRF General Revenue Fund					$	1,887,986		$	1,887,986		144707
TOTAL ALL BUDGET FUND GROUPS					$	1,887,986		$	1,887,986		144708

RELEASE OF FUNDS

144709

The Director of Budget and Management may release the	144710
foregoing appropriation items 743501, 746501, 747501, 748501,	144711
749501, 750501, 751501, 752501, 753501, 754501, 756501, 757501,	144712
and 758501, State Support.	144713

Section 411.10. DVS DEPARTMENT OF VETERANS SERVICES

144714

General Revenue Fund	144715

GRF	900321	Veterans' Homes	$	27,369,946	$	27,369,946	144716
GRF	900402	Hall of Fame	$	107,075	$	107,075	144717
GRF	900408	Department of Veterans Services	$	1,901,823	$	1,901,823	144718
GRF	900901	Persian Gulf, Afghanistan, and Iraq Compensation Debt Service	$	5,486,600	$	10,112,100	144719
TOTAL GRF General Revenue Fund			$	34,865,444	$	39,490,944	144720

General Services Fund Group	144721

4840	900603		Veterans' Homes Services		$	305,806		$	312,458		144722
TOTAL GSF General Services Fund Group					$	305,806		$	312,458		144723

Federal Special Revenue Fund Group	144724

3680	900614	Veterans Training	$	769,500	$	754,377	144725
3740	900606	Troops to Teachers	$	136,786	$	133,461	144726
3BX0	900609	Medicare Services	$	2,500,000	$	2,490,169	144727
3L20	900601	Veterans' Homes Operations - Federal	$	23,455,379	$	23,476,269	144728
TOTAL FED Federal Special Revenue							144729
Fund Group			$	26,861,665	$	26,854,276	144730

State Special Revenue Fund Group	144731

4E20	900602	Veterans' Homes Operating	$	10,117,680	$	10,319,078	144732
6040	900604	Veterans' Homes Improvement	$	347,598	$	398,731	144733
TOTAL SSR State Special Revenue							144734
Fund Group			$	10,465,278	$	10,717,809	144735

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group	144736

7041	900615	Veteran Bonus Program - Administration	$	1,605,410	$	1,147,703	144737
7041	900641	Persian Gulf, Afghanistan, and Iraq Compensation	$	25,425,000	$	24,300,000	144738
TOTAL 041 Persian Gulf,							144739
Afghanistan, and Iraq							144740
Compensation Fund Group			$	27,030,410	$	25,447,703	144741
TOTAL ALL BUDGET FUND GROUPS			$	99,528,603	$	102,823,190	144742

PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL	144743
OBLIGATION DEBT SERVICE	144744

The foregoing appropriation item 900901, Persian Gulf,	144745
Afghanistan and Iraq Compensation Debt Service, shall be used to	144746
pay all debt service and related financing costs during the period	144747
from July 1, 2011, through June 30, 2013, on obligations issued	144748
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation	144749
purposes under sections 151.01 and 151.12 of the Revised Code.	144750

Section 413.10. DVM STATE VETERINARY MEDICAL BOARD

144751

General Services Fund Group	144752

4K90	888609	Operating Expenses	$	322,375	$	319,857	144753
5BU0	888602	Veterinary Student Loan Program	$	30,000	$	30,000	144754
TOTAL GSF General Services							144755
Fund Group			$	352,375	$	349,857	144756
TOTAL ALL BUDGET FUND GROUPS			$	352,375	$	349,857	144757

Section 415.10. DYS DEPARTMENT OF YOUTH SERVICES

144759

General Revenue Fund	144760

GRF	470401	RECLAIM Ohio	$	168,716,967	$	162,362,228	144761
GRF	470412	Lease Rental Payments	$	10,221,800	$	27,230,100	144762
GRF	470510	Youth Services	$	16,702,728	$	16,702,728	144763
GRF	472321	Parole Operations	$	10,830,019	$	10,583,118	144764
GRF	477321	Administrative Operations	$	12,222,051	$	11,855,389	144765
TOTAL GRF General Revenue Fund			$	218,693,565	$	228,733,563	144766

General Services Fund Group	144767

1750	470613	Education Reimbursement	$	8,160,277	$	8,151,056	144768
4790	470609	Employee Food Service	$	150,000	$	150,000	144769
4A20	470602	Child Support	$	450,000	$	400,000	144770
4G60	470605	General Operational Funds	$	125,000	$	125,000	144771
5BN0	470629	E-Rate Program	$	535,000	$	535,000	144772
TOTAL GSF General Services							144773
Fund Group			$	9,420,277	$	9,361,056	144774

Federal Special Revenue Fund Group	144775

3210	470601	Education	$	1,774,469	$	1,517,840	144776
3210	470603	Juvenile Justice Prevention	$	300,000	$	300,000	144777
3210	470606	Nutrition	$	1,747,432	$	1,704,022	144778
3210	470610	Rehabilitation Programs	$	36,000	$	36,000	144779
3210	470614	Title IV-E Reimbursements	$	6,000,000	$	6,000,000	144780
3BY0	470635	Federal Juvenile Programs FFY 07	$	56,471	$	2,000	144781
3BZ0	470636	Federal Juvenile Programs FFY 08	$	82,000	$	1,618	144782
3CP0	470638	Federal Juvenile Programs FFY 09	$	500,000	$	300,730	144783
3CR0	470639	Federal Juvenile Programs FFY 10	$	800,000	$	479,900	144784
3FB0	470641	Federal Juvenile Programs FFY 11	$	135,000	$	600,000	144785
3FC0	470642	Federal Juvenile Programs FFY 12	$	0	$	135,000	144786
3V50	470604	Juvenile Justice/Delinquency Prevention	$	2,010,000	$	2,000,000	144787
TOTAL FED Federal Special Revenue							144788
Fund Group			$	13,441,372	$	13,077,110	144789

State Special Revenue Fund Group	144790

1470	470612	Vocational Education	$	762,126	$	758,210	144791
TOTAL SSR State Special Revenue							144792
Fund Group			$	762,126	$	758,210	144793
TOTAL ALL BUDGET FUND GROUPS			$	242,317,340	$	251,929,939	144794

COMMUNITY PROGRAMS

144795

For purposes of implementing juvenile sentencing reforms, and	144796
notwithstanding any provision of law to the contrary, the	144797
Department of Youth Services may use up to forty-five per cent of	144798
the unexpended, unencumbered balance of the portion of	144799
appropriation item 470401, RECLAIM Ohio, that is allocated to	144800
juvenile correctional facilities in each fiscal year to expand	144801
Targeted RECLAIM, the Behavioral Health Juvenile Justice	144802
Initiative, and other evidence-based community programs.	144803

OHIO BUILDING AUTHORITY LEASE PAYMENTS

144804

The foregoing appropriation item 470412, Lease Rental	144805
Payments, shall be used to meet all payments at the times they are	144806
required to be made for the period from July 1, 2011, through June	144807
30, 2013, by the Department of Youth Services to the Ohio Building	144808
Authority under the leases and agreements for facilities made	144809
under Chapter 152. of the Revised Code. This appropriation is the	144810
source of funds pledged for bond service charges on related	144811
obligations issued pursuant to Chapter 152. of the Revised Code.	144812

EDUCATION REIMBURSEMENT

144813

The foregoing appropriation item 470613, Education	144814
Reimbursement, shall be used to fund the operating expenses of	144815
providing educational services to youth supervised by the	144816
Department of Youth Services. Operating expenses include, but are	144817
not limited to, teachers' salaries, maintenance costs, and	144818
educational equipment. This appropriation item may be used for	144819
capital expenses related to the education program.	144820

EMPLOYEE FOOD SERVICE AND EQUIPMENT

144821

Notwithstanding section 125.14 of the Revised Code, the	144822
foregoing appropriation item 470609, Employee Food Service, may be	144823
used to purchase any food operational items with funds received	144824
into the fund from reimbursements for state surplus property.	144825

FLEXIBLE FUNDING FOR CHILDREN AND FAMILIES

144826

In collaboration with the county family and children first	144827
council, the juvenile court of that county that receives	144828
allocations from one or both of the foregoing appropriation items	144829
470401, RECLAIM Ohio, and 470510, Youth Services, may transfer	144830
portions of those allocations to a flexible funding pool as	144831
authorized by the section of this act titled "FAMILY AND CHILDREN	144832
FIRST FLEXIBLE FUNDING POOL."	144833

Section 501.10. All items set forth in this section are	144834
hereby appropriated for fiscal year 2012 out of any moneys in the	144835
state treasury to the credit of the Administrative Building Fund	144836
(Fund 7026) that are not otherwise appropriated.	144837

CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD	144838

C87416	Statehouse Boiler Replacement	$	900,000	144839
Total Capitol Square Review and Advisory Board		$	900,000	144840
TOTAL Administrative Building Fund		$	900,000	144841

Section 501.20. All items set forth in this section are	144843
hereby appropriated for fiscal year 2012 out of any moneys in the	144844
state treasury to the credit of the Parks and Recreation	144845
Improvement Fund (Fund 7035) that are not otherwise appropriated.	144846
The appropriations made in this act are in addition to any other	144847
appropriations or reappropriations made for the fiscal year	144848
2011-fiscal year 2012 biennium.	144849

DNR DEPARTMENT OF NATURAL RESOURCES	144850

C725E2	Local Parks Projects	$	2,000,000	144851
Total Department of Natural Resources		$	2,000,000	144852
TOTAL Parks and Recreation Improvement Fund		$	2,000,000	144853

Of the foregoing appropriation item C725E2, Local Parks	144854
Projects, $2,000,000 in fiscal year 2012 shall be used for Grand	144855
Lake St. Marys improvements.	144856

Section 501.30. The Treasurer of State is hereby authorized	144857
to issue and sell, in accordance with Section 2i of Article VIII,	144858
Ohio Constitution, and Chapter 154. of the Revised Code,	144859
particularly section 154.22 of the Revised Code, original	144860
obligations in an aggregate principal amount not to exceed	144861
$2,000,000, in addition to the original issuance of obligations	144862
heretofore authorized by prior acts of the General Assembly. These	144863
authorized obligations shall be issued, subject to applicable	144864
constitutional and statutory limitations, to pay the costs of	144865
capital facilities for parks and recreation as defined in section	144866
154.01 of the Revised Code.	144867

Section 503.10. PERSONAL SERVICE EXPENSES

144868

Unless otherwise prohibited by law, any appropriation from	144869
which personal service expenses are paid shall bear the employer's	144870
share of public employees' retirement, workers' compensation,	144871
disabled workers' relief, and insurance programs; and the costs of	144872
centralized financial services, centralized payroll processing,	144873
and related reports and services; centralized human resources	144874
services, including affirmative action and equal employment	144875
opportunity programs; the Office of Collective Bargaining; the	144876
Employee Assistance Program; centralized information technology	144877
management services; administering the enterprise resource	144878
planning system; and administering the state employee merit system	144879
as required by section 124.07 of the Revised Code. These costs	144880
shall be determined in conformity with the appropriate sections of	144881
law and paid in accordance with procedures specified by the Office	144882
of Budget and Management. Expenditures from appropriation item	144883
070601, Public Audit Expense - Intra-State, may be exempted from	144884
the requirements of this section.	144885

Section 503.20. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	144886
AGAINST THE STATE	144887

Except as otherwise provided in this section, an	144888
appropriation in this act or any other act may be used for the	144889
purpose of satisfying judgments, settlements, or administrative	144890
awards ordered or approved by the Court of Claims or by any other	144891
court of competent jurisdiction in connection with civil actions	144892
against the state. This authorization does not apply to	144893
appropriations to be applied to or used for payment of guarantees	144894
by or on behalf of the state, or for payments under lease	144895
agreements relating to, or debt service on, bonds, notes, or other	144896
obligations of the state. Notwithstanding any other statute to the	144897
contrary, this authorization includes appropriations from funds	144898
into which proceeds of direct obligations of the state are	144899
deposited only to the extent that the judgment, settlement, or	144900
administrative award is for, or represents, capital costs for	144901
which the appropriation may otherwise be used and is consistent	144902
with the purpose for which any related obligations were issued or	144903
entered into. Nothing contained in this section is intended to	144904
subject the state to suit in any forum in which it is not	144905
otherwise subject to suit, and is not intended to waive or	144906
compromise any defense or right available to the state in any suit	144907
against it.	144908

Section 503.30. CAPITAL PROJECT SETTLEMENTS

144909

This section specifies an additional and supplemental	144910
procedure to provide for payments of judgments and settlements if	144911
the Director of Budget and Management determines, pursuant to	144912
division (C)(4) of section 2743.19 of the Revised Code, that	144913
sufficient unencumbered moneys do not exist in the fund to support	144914
a particular appropriation to pay the amount of a final judgment	144915
rendered against the state or a state agency, including the	144916
settlement of a claim approved by a court, in an action upon and	144917
arising out of a contractual obligation for the construction or	144918
improvement of a capital facility if the costs under the contract	144919
were payable in whole or in part from a state capital projects	144920
appropriation. In such a case, the Director may either proceed	144921
pursuant to division (C)(4) of section 2743.19 of the Revised Code	144922
or apply to the Controlling Board to increase an appropriation or	144923
create an appropriation out of any unencumbered moneys in the	144924
state treasury to the credit of the capital projects fund from	144925
which the initial state appropriation was made. The amount of an	144926
increase in appropriation or new appropriation approved by the	144927
Controlling Board is hereby appropriated from the applicable	144928
capital projects fund and made available for the payment of the	144929
judgment or settlement.	144930

If the Director does not make the application authorized by	144931
this section or the Controlling Board disapproves the application,	144932
and the Director does not make application under division (C)(4)	144933
of section 2743.19 of the Revised Code, the Director shall for the	144934
purpose of making that payment make a request to the General	144935
Assembly as provided for in division (C)(5) of that section.	144936

Section 503.40. RE-ISSUANCE OF VOIDED WARRANTS

144937

In order to provide funds for the reissuance of voided	144938
warrants under section 126.37 of the Revised Code, there is hereby	144939
appropriated, out of moneys in the state treasury from the fund	144940
credited as provided in section 126.37 of the Revised Code, that	144941
amount sufficient to pay such warrants when approved by the Office	144942
of Budget and Management.	144943

Section 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	144944
BALANCES OF OPERATING APPROPRIATIONS	144945

(A) An unexpended balance of an operating appropriation or	144946
reappropriation that a state agency lawfully encumbered prior to	144947
the close of a fiscal year is hereby reappropriated on the first	144948
day of July of the following fiscal year from the fund from which	144949
it was originally appropriated or reappropriated for the following	144950
period and shall remain available only for the purpose of	144951
discharging the encumbrance:	144952

(1) For an encumbrance for personal services, maintenance,	144953
equipment, or items for resale, other than an encumbrance for an	144954
item of special order manufacture not available on term contract	144955
or in the open market or for reclamation of land or oil and gas	144956
wells, for a period of not more than five months from the end of	144957
the fiscal year;	144958

(2) For an encumbrance for an item of special order	144959
manufacture not available on term contract or in the open market,	144960
for a period of not more than five months from the end of the	144961
fiscal year or, with the written approval of the Director of	144962
Budget and Management, for a period of not more than twelve months	144963
from the end of the fiscal year;	144964

(3) For an encumbrance for reclamation of land or oil and gas	144965
wells, for a period ending when the encumbered appropriation is	144966
expended or for a period of two years, whichever is less;	144967

(4) For an encumbrance for any other expense, for such period	144968
as the Director approves, provided such period does not exceed two	144969
years.	144970

(B) Any operating appropriations for which unexpended	144971
balances are reappropriated beyond a five-month period from the	144972
end of the fiscal year by division (A)(2) of this section shall be	144973
reported to the Controlling Board by the Director of Budget and	144974
Management by the thirty-first day of December of each year. The	144975
report on each such item shall include the item, the cost of the	144976
item, and the name of the vendor. The report shall be updated on a	144977
quarterly basis for encumbrances remaining open.	144978

(C) Upon the expiration of the reappropriation period set out	144979
in division (A) of this section, a reappropriation made by this	144980
section lapses, and the Director of Budget and Management shall	144981
cancel the encumbrance of the unexpended reappropriation not later	144982
than the end of the weekend following the expiration of the	144983
reappropriation period.	144984

(D) Notwithstanding division (C) of this section, with the	144985
approval of the Director of Budget and Management, an unexpended	144986
balance of an encumbrance that was reappropriated on the first day	144987
of July by this section for a period specified in division (A)(3)	144988
or (4) of this section and that remains encumbered at the close of	144989
the fiscal biennium is hereby reappropriated on the first day of	144990
July of the following fiscal biennium from the fund from which it	144991
was originally appropriated or reappropriated for the applicable	144992
period specified in division (A)(3) or (4) of this section and	144993
shall remain available only for the purpose of discharging the	144994
encumbrance.	144995

(E) The Director of Budget and Management may correct	144996
accounting errors committed by the staff of the Office of Budget	144997
and Management, such as re-establishing encumbrances or	144998
appropriations cancelled in error, during the cancellation of	144999
operating encumbrances in November and of nonoperating	145000
encumbrances in December.	145001

(F) If the Controlling Board approved a purchase, that	145002
approval remains in effect so long as the appropriation used to	145003
make that purchase remains encumbered.	145004

Section 503.60. APPROPRIATIONS RELATED TO CASH TRANSFERS AND	145005
RE-ESTABLISHMENT OF ENCUMBRANCES	145006

Any cash transferred by the Director of Budget and Management	145007
under section 126.15 of the Revised Code is hereby appropriated.	145008
Any amounts necessary to re-establish appropriations or	145009
encumbrances under section 126.15 of the Revised Code are hereby	145010
appropriated.	145011

Section 503.70. INCOME TAX DISTRIBUTION TO COUNTIES

145012

There are hereby appropriated out of any moneys in the state	145013
treasury to the credit of the General Revenue Fund, which are not	145014
otherwise appropriated, funds sufficient to make any payment	145015
required by division (B)(2) of section 5747.03 of the Revised	145016
Code.	145017

Section 503.80. EXPENDITURES AND APPROPRIATION INCREASES	145018
APPROVED BY THE CONTROLLING BOARD	145019

Any money that the Controlling Board approves for expenditure	145020
or any increase in appropriation that the Controlling Board	145021
approves under sections 127.14, 131.35, and 131.39 of the Revised	145022
Code or any other provision of law is hereby appropriated for the	145023
period ending June 30, 2013.	145024

Section 503.90. FUNDS RECEIVED FOR USE OF GOVERNOR'S	145025
RESIDENCE	145026

If the Governor's Residence Fund (Fund 4H20) receives payment	145027
for use of the residence pursuant to section 107.40 of the Revised	145028
Code, the amounts so received are hereby appropriated to	145029
appropriation item 100604, Governor's Residence Gift.	145030

Section 503.93. PENSION SHIFT REPLACEMENT

145031

The Director of Budget and Management may authorize	145032
additional expenditures from various General Revenue Fund and	145033
non-General Revenue Fund appropriation items in order to fully	145034
fund the employer's share of public retirement system	145035
contributions for state employees who are paid directly by warrant	145036
of the Director of Budget and Management. Any additional	145037
expenditures authorized by the Director of Budget and Management	145038
under this paragraph are hereby appropriated.	145039

Section 503.95. EMERGENCY CAPITAL APPROPRIATIONS AND	145040
AUTHORIZATION TO ISSUE OBLIGATIONS	145041

Notwithstanding any provision of law to the contrary, the	145042
Director of Budget and Management may establish a process for, and	145043
receive from state agencies or institutions, applications for	145044
funding emergency or critical capital facilities needs that may be	145045
paid from the funds identified in this section. Upon review of any	145046
such application, if determined necessary to address emergency or	145047
critical capital needs identified in an application, the director	145048
may request Controlling Board approval to establish additional	145049
capital appropriations, from the following funds in an aggregate	145050
amount not to exceed $50,000,000 for the FY 2011 - FY 2012 capital	145051
biennium: the Administrative Building Fund (Fund 7026), the Adult	145052
Correctional Building Fund (Fund 7027), the Juvenile Correctional	145053
Building Fund (Fund 7028), the Ohio Cultural Facilities Fund (Fund	145054
7030), the Ohio Parks and Natural Resources Fund (Fund 7031), the	145055
Mental Health Facilities Improvement Fund (Fund 7033), the Parks	145056
and Recreation Improvement Fund (Fund 7035), and any other capital	145057
fund from which emergency capital facilities funding is deemed	145058
necessary by the Director as a result of any natural disaster	145059
occurring between July 1, 2010, and September 30, 2010, that	145060
resulted in damages to a facility of a state-assisted institution	145061
of higher education. Reference is made to Section 221.20.30 of Am.	145062
Sub. H.B. 562 (as to Fund 7026), Section 223.11 of Am. Sub. H.B.	145063
562 (as to Fund 7027), Section 225.11 of Am. Sub. H.B. 562 (as to	145064
Fund 7028), Section 227.11 of Am. Sub. H.B. 562 (as to Fund 7030),	145065
Section 229.11 of Am. Sub. H.B. 562 (as to Fund 7031), Section	145066
231.40.10 of Am. Sub. H.B. 562 (as to Fund 7033), Section	145067
233.60.30 of Am. Sub. H.B. 562 (as to Fund 7034), and Section	145068
235.12 of Am. Sub. H.B. 562 (as to Fund 7035), each of which	145069
authorizes the issuance and sale of original obligations, pursuant	145070
to the applicable constitutional and statutory authority indicated	145071
therein, in a principal amount indicated therein. In addition to	145072
those amounts previously authorized for each of those purposes,	145073
the Ohio Public Facilities Commission or the Treasurer of State,	145074
as applicable, are each hereby authorized to issue and sell	145075
additional original obligations, pursuant to the applicable	145076
constitutional and statutory authority, in an aggregate principal	145077
amount equal to any additional capital appropriations approved by	145078
the Controlling Board under the authority of this section for that	145079
purpose, plus amounts necessary to cover the costs of issuance of	145080
those additional original obligations. Sections 518.10 and 518.20	145081
of Am. Sub. H.B. 153 of the 129th General Assembly apply to the	145082
debt service on any additional obligations issued and sold under	145083
this paragraph.	145084

Section 506.10. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

145085

Unless the agency and nuclear electric utility mutually agree	145086
to a higher amount by contract, the maximum amounts that may be	145087
assessed against nuclear electric utilities under division (B)(2)	145088
of section 4937.05 of the Revised Code and deposited into the	145089
specified funds are as follows:	145090

Fund	User		FY 2012		FY 2013	145091
Utility Radiological Safety Fund (Fund 4E40)	Department of Agriculture	$	131,785	$	131,785	145092
Radiation Emergency Response Fund (Fund 6100)	Department of Health	$	930,525	$	930,576	145093
ER Radiological Safety Fund (Fund 6440)	Environmental Protection Agency	$	279,838	$	279,966	145094
Emergency Response Plan Fund (Fund 6570)	Department of Public Safety	$	1,415,945	$	1,415,945	145095

Section 512.10. TRANSFERS TO THE GENERAL REVENUE FUND OF	145096
INTEREST EARNED	145097

Notwithstanding any provision of law to the contrary, the	145098
Director of Budget and Management, through June 30, 2013, may	145099
transfer interest earned by any state fund to the General Revenue	145100
Fund. This section does not apply to funds whose source of revenue	145101
is restricted or protected by the Ohio Constitution, federal tax	145102
law, or the "Cash Management Improvement Act of 1990," 104 Stat.	145103
1058 (1990), 31 U.S.C. 6501 et seq., as amended.	145104

Section 512.30. CASH TRANSFERS TO THE GENERAL REVENUE FUND	145105
FROM NON-GRF FUNDS	145106

Notwithstanding any provision of law to the contrary, the	145107
Director of Budget and Management may transfer up to $60,000,000	145108
in each fiscal year in cash from non-General Revenue Funds that	145109
are not constitutionally restricted to the General Revenue Fund in	145110
order to ensure that available General Revenue Fund receipts and	145111
balances are sufficient to support General Revenue Fund	145112
appropriations in each fiscal year. The Director shall not make	145113
transfers from any non-General Revenue Fund if more than thirty	145114
per cent of the total fund value consists of cash from donations.	145115

Section 512.40. FISCAL YEAR 2011 GENERAL REVENUE FUND ENDING	145116
BALANCE	145117

Notwithstanding divisions (B) and (C) of section 131.44 of	145118
the Revised Code, the Director of Budget and Management shall	145119
determine the surplus General Revenue Fund revenue that existed on	145120
June 30, 2011, in excess of the amount required under division	145121
(A)(3) of section 131.44 of the Revised Code, and transfer from	145122
the General Revenue Fund, to the extent of the amount so	145123
determined, the following:	145124

(A) To the Disaster Services Fund (Fund 5E20), a cash amount	145125
up to $25,000,000;	145126

(B) To the Controlling Board Emergency Purposes Fund (Fund	145127
5KM0), a cash amount of up to $20,000,000.	145128

Section 512.60. NATURAL RESOURCES PUBLICATIONS

145129

On July 1, 2011, or as soon as possible thereafter, the	145130
Director of Budget and Management, at the request of the Director	145131
of Natural Resources, shall transfer the remaining cash balance in	145132
the Natural Resources Publications and Promotional Materials Fund	145133
(Fund 5080) to the Departmental Projects Fund (Fund 1550) and the	145134
Geological Mapping Fund (Fund 5110) in such amounts as determined	145135
by the Director of Budget and Management after consultation with	145136
the Director of Natural Resources. The Director of Budget and	145137
Management shall cancel all existing encumbrances against	145138
appropriation item 725684, Natural Resources Publications, and	145139
reestablish them against appropriation item 725601, Departmental	145140
Projects, and appropriation item 725646, Ohio Geological Mapping.	145141
Upon completion of the transfer, the Natural Resources	145142
Publications and Promotional Materials Fund is hereby abolished.	145143
Beginning July 1, 2011, all moneys from the sale of books,	145144
bulletins, maps, or other publications and promotional materials	145145
shall be credited to the Departmental Projects Fund (Fund 1550) or	145146
the Geological Mapping Fund (Fund 5110) as determined by the	145147
Director of Natural Resources.	145148

Section 512.70. On July 1, 2011, or as soon as possible	145149
thereafter, the Director of Budget and Management shall transfer	145150
the cash balance in the Penalty Enforcement Fund (Fund 5K70) to	145151
the Labor Operating Fund (Fund 5560). The Director shall cancel	145152
any existing encumbrances against appropriation item 800621,	145153
Penalty Enforcement, and re-establish them against appropriation	145154
item 800615, Industrial Compliance. The re-established encumbrance	145155
amounts are hereby appropriated. Upon completion of the transfer,	145156
Fund 5K70 is abolished.	145157

Section 512.80. ABOLISHMENT OF PASSPORT FUND

145158

On July 1, 2011, or as soon as possible thereafter, the	145159
Director of Budget and Management shall transfer the cash balance	145160
in the PASSPORT Fund (Fund 4U90) to the Nursing Home Franchise	145161
Permit Fee Fund (Fund 5R20). Upon completion of the transfer, Fund	145162
4U90 is abolished. The Director shall cancel any existing	145163
encumbrances against appropriation item 490602, PASSPORT Fund, and	145164
reestablish them against appropriation item 600613, Nursing	145165
Facility Bed Assessments. The reestablished encumbrance amounts	145166
are hereby appropriated.	145167

Section 512.90. DIESEL EMISSIONS REDUCTION GRANT PROGRAM

145168

There is established in the Highway Operating Fund (Fund	145169
7002) in the Department of Transportation a Diesel Emissions	145170
Reduction Grant Program. The Director of Environmental Protection	145171
shall administer the program and shall solicit, evaluate, score,	145172
and select projects submitted by public and private entities that	145173
are eligible for the federal Congestion Mitigation and Air Quality	145174
(CMAQ) Program. The Director of Transportation shall process	145175
Federal Highway Administration-approved projects as recommended by	145176
the Director of Environmental Protection.	145177

In addition to the allowable expenditures set forth in	145178
section 122.861 of the Revised Code, Diesel Emissions Reduction	145179
Grant Program funds also may be used to fund projects involving	145180
the purchase or use of hybrid and alternative fuel vehicles that	145181
are allowed under guidance developed by the Federal Highway	145182
Administration for the CMAQ Program.	145183

Public entities eligible to receive funds under section	145184
122.861 of the Revised Code and CMAQ shall be reimbursed from the	145185
Department of Transportation's Diesel Emissions Reduction Grant	145186
Program.	145187

Private entities eligible to receive funds under section	145188
122.861 of the Revised Code and CMAQ shall be reimbursed through	145189
transfers of cash from the Department of Transportation's Diesel	145190
Emissions Reduction Grant Program to the Diesel Emissions	145191
Reduction Fund (Fund 3FH0), which is hereby created and to be used	145192
by the Environmental Protection Agency.	145193

Appropriation item 715693, Diesel Emissions Reduction Grants,	145194
is established with an appropriation of $10,000,000 in FY 2012 and	145195
$10,000,000 in FY 2013. Total expenditures between both the	145196
Environmental Protection Agency and the Department of	145197
Transportation shall not exceed the amounts appropriated in this	145198
section.	145199

On or before June 30, 2012, any unencumbered balance of the	145200
foregoing appropriation item 715693, Diesel Emissions Reduction	145201
Grants, for fiscal year 2012 is appropriated for the same purposes	145202
in fiscal year 2013.	145203

Any cash transfers or allocations under this section	145204
represent CMAQ program moneys within the Department of	145205
Transportation for use by the Diesel Emissions Reduction Grant	145206
Program by the Environmental Protection Agency. These allocations	145207
shall not reduce the amount of such moneys designated for	145208
metropolitan planning organizations.	145209

The Director of Environmental Protection, in consultation	145210
with the Directors of Development and Transportation, shall	145211
develop guidance for the distribution of funds and for the	145212
administration of the Diesel Emissions Reduction Grant Program.	145213
The guidance shall include a method of prioritization for	145214
projects, acceptable technologies, and procedures for awarding	145215
grants.	145216

Section 515.20. (A) On the effective date of the amendment of	145217
the statutes creating the Division of Oil and Gas Resources	145218
Management in the Department of Natural Resources by this act, the	145219
functions, assets, and liabilities of the Division of Mineral	145220
Resources Management in the Department of Natural Resources with	145221
respect to oil and gas are transferred to the Division of Oil and	145222
Gas Resources Management. The Division of Oil and Gas Resources	145223
Management is successor to, assumes the obligations and authority	145224
of, and otherwise continues the Division of Mineral Resources	145225
Management with respect to oil and gas. No right, privilege, or	145226
remedy, and no duty, liability, or obligation, accrued under the	145227
Division of Mineral Resources Management with respect to oil and	145228
gas is impaired or lost by reason of the transfer and shall be	145229
recognized, administered, performed, or enforced by the Division	145230
of Oil and Gas Resources Management.	145231

(B) Business commenced but not completed by the Division of	145232
Mineral Resources Management or by the Chief of the Division of	145233
Mineral Resources Management with respect to oil and gas shall be	145234
completed by the Division of Oil and Gas Resources Management or	145235
the Chief of the Division of Oil and Gas Resources Management in	145236
the same manner, and with the same effect, as if completed by the	145237
Division of Mineral Resources Management or by the Chief of the	145238
Division of Mineral Resources Management.	145239

(C) All of the Division of Mineral Resources Management's	145240
rules, orders, and determinations with respect to oil and gas	145241
continue in effect as rules, orders, and determinations of the	145242
Division of Oil and Gas Resources Management until modified or	145243
rescinded by the Division of Oil and Gas Resources Management. If	145244
necessary to ensure the integrity of the numbering of the	145245
Administrative Code, the Director of the Legislative Service	145246
Commission shall renumber the Division of Mineral Resources	145247
Management's rules with respect to oil and gas to reflect their	145248
transfer to the Division of Oil and Gas Resources Management.	145249

(D) The Director of Budget and Management shall determine the	145250
amount of unexpended balances in the appropriation accounts that	145251
pertain to the Division of Mineral Resources Management with	145252
respect to oil and gas and shall recommend to the Controlling	145253
Board their transfer to the appropriation accounts that pertain to	145254
the Division of Oil and Gas Resources Management. The Chief of the	145255
Division of Mineral Resources Management shall provide full and	145256
timely information to the Controlling Board to facilitate the	145257
transfer.	145258

(E) Whenever the Division of Mineral Resources Management or	145259
the Chief of the Division of Mineral Resources Management is	145260
referred to in a statute, contract, or other instrument with	145261
respect to oil and gas, the reference is deemed to refer to the	145262
Division of Oil and Gas Resources Management or to the Chief of	145263
the Division of Oil and Gas Resources Management, whichever is	145264
appropriate in context.	145265

(F) No pending action or proceeding being prosecuted or	145266
defended in court or before an agency with respect to oil and gas	145267
by the Division of Mineral Resources Management or the Chief of	145268
the Division of Mineral Resources Management is affected by the	145269
transfer and shall be prosecuted or defended in the name of the	145270
Division of Oil and Gas Resources Management or the Chief of the	145271
Division of Oil and Gas Resources Management, whichever is	145272
appropriate. Upon application to the court or agency, the Division	145273
of Oil and Gas Resources Management or the Chief of the Division	145274
of Oil and Gas Resources Management shall be substituted as a	145275
party.	145276

Section 515.23. On the effective date of the amendments to	145277
section 1517.03 of the Revised Code by this act, the terms of	145278
office of members appointed to the Ohio Natural Areas Council	145279
under section 1517.03 of the Revised Code prior to its amendment	145280
by this act are terminated.	145281

Section 515.30. (A) On the effective date of the amendment of	145282
the statutes governing the Ohio Coal Development Office by this	145283
act, the Ohio Coal Development Office and all of its functions,	145284
together with its assets and liabilities, are transferred from	145285
within the Ohio Air Quality Development Authority to within the	145286
Department of Development. The Ohio Coal Development Office in the	145287
Department of Development assumes the obligations of and otherwise	145288
constitutes the continuation of the Ohio Coal Development Office	145289
in the Ohio Air Quality Development Authority.	145290

(B) Any business commenced but not completed by the Ohio Coal	145291
Development Office in the Ohio Air Quality Development Authority	145292
or the Director of that office on the effective date of the	145293
amendment of the statutes governing that Office by this act shall	145294
be completed by the Ohio Coal Development Office in the Department	145295
of Development or the Director of that Office in the same manner,	145296
and with the same effect, as if completed by the Ohio Coal	145297
Development Office in the Ohio Air Quality Development Authority	145298
or the Director of that Office. Any validation, cure, right,	145299
privilege, remedy, obligation, or liability is not lost or	145300
impaired by reason of the transfer required by this section and	145301
shall be administered by the Ohio Coal Development Office in the	145302
Department of Development.	145303

(C) All of the rules, orders, and determinations of the Ohio	145304
Coal Development Office in the Ohio Air Quality Development	145305
Authority or of the Ohio Air Quality Development Authority in	145306
relation to that Office continue in effect as rules, orders, and	145307
determinations of the Ohio Coal Development Office in the	145308
Department of Development until modified or rescinded by that	145309
Office or by the Department of Development in relation to that	145310
Office. If necessary to ensure the integrity of the numbering of	145311
the Administrative Code, the Director of the Legislative Service	145312
Commission shall renumber rules of the Ohio Air Quality	145313
Development Authority in relation to the Ohio Coal Development	145314
Office in the Ohio Air Quality Development Authority to reflect	145315
the transfer to the Department of Development.	145316

(D) Subject to the lay-off provisions of sections 124.321 to	145317
124.328 of the Revised Code, all of the employees of the Ohio Coal	145318
Development Office in the Ohio Air Quality Development Authority	145319
are transferred to the Ohio Coal Development Office in the	145320
Department of Development and retain their positions and all the	145321
benefits accruing thereto.	145322

(E) Whenever the Ohio Coal Development Office in the Ohio Air	145323
Quality Development Office or the Authority in relation to that	145324
Office is referred to in any law, contract, or other document, the	145325
reference shall be deemed to refer to the Ohio Coal Development	145326
Office in the Department of Development or the Director of	145327
Development in relation to that Office, whichever is appropriate	145328
in context.	145329

(F) Any action or proceeding pending on the effective date of	145330
the amendment of the statutes governing the Ohio Coal Development	145331
Office by this act is not affected by the transfer of that Office	145332
and shall be prosecuted or defended in the name of the Department	145333
of Development or the Ohio Coal Development Office in that	145334
Department. In all such actions and proceedings, the Department of	145335
Development or the Ohio Coal Development Office in that	145336
Department, upon application to the court, shall be substituted as	145337
a party.	145338

Section 515.40. (A) On the effective date of this section,	145339
the building and facility operations and management functions of	145340
the Ohio Building Authority (OBA) under Chapter 152. of the	145341
Revised Code, and the related functions, assets, and liabilities,	145342
including, but not limited to, funds, accounts, records,	145343
regardless of form or medium, leases, agreements, and contracts of	145344
the OBA are transferred to the Department of Administrative	145345
Services. Notwithstanding Chapters 123., 124., 125., 126., and	145346
153. of the Revised Code, the Department is thereupon and	145347
thereafter successor to, assumes the powers and obligations of,	145348
and otherwise constitutes the continuation of the building and	145349
facilities operations and management functions of the OBA as	145350
provided in the applicable sections of Chapter 152. of the Revised	145351
Code or in any agreements relating to building and facility	145352
operation and management functions to which the Ohio Building	145353
Authority is a party, including the invoicing and collection of	145354
rent from local government tenants in state office buildings. All	145355
statutory references to OBA with regard to building and facility	145356
operations and management functions are deemed to be references to	145357
the Department of Administrative Services.	145358

(B) Any business relating to its building and facility	145359
operations and management functions commenced but not completed by	145360
the OBA by the date of transfer shall be completed by the	145361
Department of Administrative Services, in the same manner, and	145362
with the same effect, as if completed by the OBA. No validation,	145363
cure, right, privilege, remedy, obligation, or liability is lost	145364
or impaired by reason of the transfer and shall be administered by	145365
the Department of Administrative Services. All of the OBA's rules,	145366
orders, and determinations related to building and facility	145367
operations and management functions continue in effect as rules,	145368
orders, and determinations of the Department of Administrative	145369
Services, until modified or rescinded by the Department of	145370
Administrative Services. If necessary to ensure the integrity of	145371
the Administrative Code rule numbering system, the Director of the	145372
Legislative Service Commission shall renumber the OBA's rules	145373
related to the OBA's building and facility operations and	145374
management functions to reflect their transfer to the Department	145375
of Administrative Services.	145376

(C) Employees of the OBA designated as building and facility	145377
operations and management staff may be transferred to the	145378
Department of Administrative Services as the Department determines	145379
to be necessary for successful implementation of this section, to	145380
the extent possible, with no loss of service credit.	145381

(D) No judicial or administrative action or proceeding to	145382
which the OBA is a party that is pending on the effective date of	145383
this section or such later date as may be established by an	145384
authorized officer of the OBA and the Director of Administrative	145385
Services, and related to its building and facility operations and	145386
management functions, is affected by the transfer of functions.	145387
Any such action or proceeding shall be prosecuted or defended in	145388
the name of the Director of Administrative Services. On	145389
application to the court or agency, the Director of Administrative	145390
Services shall be substituted for the OBA or an authorized officer	145391
of the OBA as a party to the action or proceeding.	145392

(E) On and after the effective date of this section,	145393
notwithstanding any provision of the law to the contrary, if	145394
requested by the Director of Administrative Services, the Director	145395
of Budget and Management shall make the budget changes made	145396
necessary by the transfer, if any, including administrative	145397
reorganization, program transfers, the creation of new funds, and	145398
the consolidation of funds as authorized by this section. The	145399
Director of Budget and Management may, if necessary, establish	145400
encumbrances or parts of encumbrances as needed in fiscal year	145401
2012 in the appropriate fund and appropriation item for the same	145402
purpose and for payment to the same vendor. The established	145403
encumbrances plus any additional amounts determined to be	145404
necessary for the Department of Administrative Services to perform	145405
the building and facility operation and management functions of	145406
the Ohio Building Authority are hereby appropriated.	145407

(F) Not later than thirty days after the transfer of the	145408
building and facility operation and management functions of the	145409
Ohio Building Authority to the Department of Administrative	145410
Services, an authorized officer of the Ohio Building Authority	145411
shall certify to the Director of Administrative Services the	145412
unexpended balance and location of any funds and accounts	145413
designated for building and facility operation and management	145414
functions and custody of such funds and accounts shall be	145415
transferred to the Department of Administrative Services.	145416

(G) Notwithstanding any other provisions of this section, the	145417
Ohio Building Authority may, subsequent to the effective date of	145418
this section, meet for the purpose of better accomplishing the	145419
transfer of the building and facility operation and management	145420
functions described in this section. At any such meeting, the Ohio	145421
Building Authority may take necessary or appropriate actions to	145422
effect an orderly transition relating to the transfer of such	145423
functions.	145424

(H) Not later than August 1, 2011, employees of the Ohio	145425
Building Authority designated as building and facility operation	145426
and management staff shall be eligible to participate in group	145427
health plans offered to state employees pursuant to sections	145428
124.81 or 124.82 of the Revised Code.	145429

Section 515.60. Effective July 1, 2011, the School Employees	145430
Health Care Board is abolished. All equipment, assets, and records	145431
of the Board are transferred to the Department of Administrative	145432
Services. The Department of Administrative Services shall	145433
designate the positions, if any, to be transferred to the	145434
Department of Administrative Services.	145435

The Department of Administrative Services and the Department	145436
of Education shall enter into an interagency agreement to transfer	145437
to the Department of Administrative Services any designated	145438
positions and all equipment, assets, and records of the Board by	145439
July 1, 2011, or as soon as possible thereafter. The interagency	145440
agreement may include provisions to transfer property and any	145441
other provisions necessary for the continued administration of	145442
Board activities under section 9.901 of the Revised Code.	145443

Any positions of the Board that the Department of	145444
Administrative Services designates for transfer, and any equipment	145445
assigned to those positions, are transferred to the Department of	145446
Administrative Services. Any employees of the Board in positions	145447
so transferred retain the rights specified in sections 124.321 to	145448
124.328 of the Revised Code, and any employee transferred to the	145449
Department of Administrative Services retains the employee's	145450
respective classification, but the Department of Administrative	145451
Services may reassign and reclassify the employee's position and	145452
compensation as the Department determines to be in the interest of	145453
office administration.	145454

Effective July 1, 2011, the Director of Budget and Management	145455
shall cancel any existing encumbrances against appropriation item	145456
200458, School Employees Health Care Board, and re-establish them	145457
against appropriation item 100403, Public Employees Health Care	145458
Program. The re-established encumbrance amounts are hereby	145459
appropriated. Any business commenced but not completed under	145460
appropriation item 200458, School Employees Health Care Board, by	145461
July 1, 2011, shall be completed under appropriation item 100403,	145462
Public Employees Health Care Program, in the same manner, and with	145463
the same effect, as if completed with regard to appropriation item	145464
200458, School Employees Health Care Board. All of the rules,	145465
orders, and determinations associated with the Board continue in	145466
effect as rules, orders, and determinations associated with the	145467
Department of Administrative Services until modified or rescinded	145468
by the Director of Administrative Services. If necessary to ensure	145469
the integrity of the Administrative Code rule numbering system,	145470
the Director of the Legislative Service Commission shall renumber	145471
the rules relating to the Board to reflect their transfer to the	145472
Department of Administrative Services. No validation, cure, right,	145473
privilege, remedy, obligation, or liability is lost or impaired by	145474
reason of the transfer and shall be administered with regard to	145475
appropriation item 100403, Public Employees Health Care Program.	145476
On and after July 1, 2011, if the School Employees Health Care	145477
Board is referred to in any statute, rule, contract, grant, or	145478
other document, the reference is deemed to refer to the Department	145479
of Administrative Services.	145480

Section 518.10. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

145481

Certain appropriations are in this act for the purpose of	145482
paying debt service and financing costs on general obligation	145483
bonds or notes of the state issued pursuant to the Ohio	145484
Constitution and acts of the General Assembly. If it is determined	145485
that additional appropriations are necessary for this purpose,	145486
such amounts are hereby appropriated.	145487

Section 518.20. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER OF	145488
STATE	145489

Certain appropriations are in this act for the purpose of	145490
making lease rental payments pursuant to leases and agreements	145491
relating to bonds or notes issued by the Ohio Building Authority	145492
or the Treasurer of State, or previously by the Ohio Public	145493
Facilities Commission, pursuant to the Ohio Constitution and acts	145494
of the General Assembly. If it is determined that additional	145495
appropriations are necessary for this purpose, such amounts are	145496
hereby appropriated.	145497

Section 518.30. AUTHORIZATION FOR TREASURER OF STATE AND OBM	145498
TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	145499

The Office of Budget and Management shall process payments	145500
from general obligation and lease rental payment appropriation	145501
items during the period from July 1, 2011, through June 30, 2013,	145502
relating to bonds or notes issued under Sections 2i, 2k, 2l, 2m,	145503
2n, 2o, 2p, 2q, 2r, and 15 of Article VIII, Ohio Constitution, and	145504
Chapters 151. and 154. of the Revised Code. Payments shall be made	145505
upon certification by the Treasurer of State of the dates and the	145506
amounts due on those dates.	145507

Section 518.40. AUTHORIZATION FOR OHIO BUILDING AUTHORITY	145508
AND OBM TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	145509

The Office of Budget and Management shall process payments	145510
from lease rental payment appropriation items during the period	145511
from July 1, 2011, through June 30, 2013, pursuant to the lease	145512
agreements entered into relating to bonds or notes issued under	145513
Section 2i of Article VIII, Ohio Constitution, and Chapter 152. of	145514
the Revised Code. Payments shall be made upon certification by the	145515
Ohio Building Authority of the dates and the amounts due on those	145516
dates.	145517

Section 521.10. STATE AND LOCAL REBATE AUTHORIZATION

145518

There is hereby appropriated, from those funds designated by	145519
or pursuant to the applicable proceedings authorizing the issuance	145520
of state obligations, amounts computed at the time to represent	145521
the portion of investment income to be rebated or amounts in lieu	145522
of or in addition to any rebate amount to be paid to the federal	145523
government in order to maintain the exclusion from gross income	145524
for federal income tax purposes of interest on those state	145525
obligations under section 148(f) of the Internal Revenue Code.	145526

Rebate payments shall be approved and vouchered by the Office	145527
of Budget and Management.	145528

Section 521.20. STATEWIDE INDIRECT COST RECOVERY

145529

Whenever the Director of Budget and Management determines	145530
that an appropriation made to a state agency from a fund of the	145531
state is insufficient to provide for the recovery of statewide	145532
indirect costs under section 126.12 of the Revised Code, the	145533
amount required for such purpose is hereby appropriated from the	145534
available receipts of such fund.	145535

Section 521.30. TRANSFERS ON BEHALF OF THE STATEWIDE	145536
INDIRECT COST ALLOCATION PLAN	145537

The total transfers made from the General Revenue Fund by the	145538
Director of Budget and Management under this section shall not	145539
exceed the amounts transferred into the General Revenue Fund under	145540
section 126.12 of the Revised Code.	145541

The director of an agency may certify to the Director of	145542
Budget and Management the amount of expenses not allowed to be	145543
included in the Statewide Indirect Cost Allocation Plan under	145544
federal regulations, from any fund included in the Statewide	145545
Indirect Cost Allocation Plan, prepared as required by section	145546
126.12 of the Revised Code.	145547

Upon determining that no alternative source of funding is	145548
available to pay for such expenses, the Director of Budget and	145549
Management may transfer from the General Revenue Fund into the	145550
fund for which the certification is made, up to the amount of the	145551
certification. The director of the agency receiving such funds	145552
shall include, as part of the next budget submission prepared	145553
under section 126.02 of the Revised Code, a request for funding	145554
for such activities from an alternative source such that further	145555
federal disallowances would not be required.	145556

The director of an agency may certify to the Director of	145557
Budget and Management the amount of expenses paid in error from a	145558
fund included in the Statewide Indirect Cost Allocation Plan. The	145559
Director of Budget and Management may transfer cash from the fund	145560
from which the expenditure should have been made into the fund	145561
from which the expenses were erroneously paid, up to the amount of	145562
the certification.	145563

Section 521.30.10. OGRIP FUNDS TRANSFER TO THE GENERAL	145564
REVENUE FUND	145565

On July 1, 2011, or as soon as possible thereafter, the	145566
Director of Budget and Management may transfer cash in the amount	145567
of $15,072.03 from the Federal Grants OGRIP Fund (Fund 3H60) to	145568
the General Revenue Fund. This amount represents residual funds	145569
from old federal grants for the state's OGRIP program that have	145570
been closed by the federal awarding agency.	145571

Section 521.30.20. TRANSFER OF FEDERAL FUNDS

145572

On July 1, 2011, or as soon as possible thereafter, the	145573
Director of Environmental Protection shall certify to the Director	145574
of Budget and Management the cash balance in the DOE Monitoring	145575
and Oversight Fund (Fund 3N40). The Director of Budget and	145576
Management shall transfer the certified amount from Fund 3N40 to	145577
the Federally Supported Response Fund (Fund 3F30). Upon completion	145578
of the transfer, Fund 3N40 is abolished. The Director shall cancel	145579
any existing encumbrances against appropriation item 715657, DOE	145580
Monitoring and Oversight, and re-establish them against	145581
appropriation item 715632, Federally Supported Response. The	145582
re-established encumbrance amounts are hereby appropriated.	145583

On July 1, 2011, or as soon as possible thereafter, the	145584
Director of Environmental Protection shall certify to the Director	145585
of Budget and Management the cash balance in the DOD Monitoring	145586
and Oversight Fund (Fund 3K40). The Director of Budget and	145587
Management shall transfer the certified amount from Fund 3K40 to	145588
the Federally Supported Response Fund (Fund 3F30). Upon completion	145589
of the transfer, Fund 3K40 is abolished. The Director shall cancel	145590
any existing encumbrances against appropriation item 715634, DOD	145591
Monitoring and Oversight, and re-establish them against	145592
appropriation item 715632, Federally Supported Response. The	145593
re-established encumbrance amounts are hereby appropriated.	145594

Section 521.40. FEDERAL GOVERNMENT INTEREST REQUIREMENTS

145595

Notwithstanding any provision of law to the contrary, on or	145596
before the first day of September of each fiscal year, the	145597
Director of Budget and Management, in order to reduce the payment	145598
of adjustments to the federal government, as determined by the	145599
plan prepared under division (A) of section 126.12 of the Revised	145600
Code, may designate such funds as the Director considers necessary	145601
to retain their own interest earnings.	145602

Section 521.50. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

145603

Pursuant to the plan for compliance with the Federal Cash	145604
Management Improvement Act required by section 131.36 of the	145605
Revised Code, the Director of Budget and Management may cancel and	145606
re-establish all or part of encumbrances in like amounts within	145607
the funds identified by the plan. The amounts necessary to	145608
re-establish all or part of encumbrances are hereby appropriated.	145609

Section 521.60. FISCAL STABILIZATION AND RECOVERY

145610

To ensure the level of accountability and transparency	145611
required by federal law, the Director of Budget and Management may	145612
issue guidelines to any agency applying for federal money made	145613
available to this state for fiscal stabilization and recovery	145614
purposes, and may prescribe the process by which agencies are to	145615
comply with any reporting requirements established by the federal	145616
government.	145617

Section 521.70. OVERSIGHT OF FEDERAL STIMULUS FUNDS

145618

(A) The Office of Internal Auditing within the Office of	145619
Budget and Management shall, in connection with its duties under	145620
sections 126.45 to 126.48 of the Revised Code, monitor and measure	145621
the effectiveness of funds allocated to the state as part of the	145622
federal American Recovery and Reinvestment Act of 2009. As such,	145623
the Office of Internal Auditing shall review how funds allocated	145624
to each state agency are spent. For purposes of this section,	145625
"state agency" has the same meaning as in division (A) of section	145626
126.45 of the Revised Code.	145627

In addition to the reports required under section 126.47 of	145628
the Revised Code, the Office of Internal Auditing shall submit a	145629
report of its findings to the President of the Senate, Minority	145630
Leader of the Senate, Speaker of the House of Representatives,	145631
Minority Leader of the House of Representatives, and the Chairs of	145632
the committees in the Senate and House of Representatives handling	145633
finance and appropriations. The report shall be submitted every	145634
six months at the following intervals:	145635

(1) For the six-month period ending December 31, 2011, not	145636
later than February 1, 2012;	145637

(2) For the six-month period ending June 30, 2012, not later	145638
than August 1, 2012;	145639

(3) For the six-month period ending December 31, 2012, not	145640
later than February 1, 2013;	145641

(4) For the six-month period ending June 30, 2013, not later	145642
than August 1, 2013.	145643

(B) When, as part of its compliance with the federal American	145644
Recovery and Reinvestment Act of 2009 requirements to monitor and	145645
measure the effectiveness of funds for which the state of Ohio is	145646
the prime recipient, and for which reporting authority has not	145647
been delegated to a sub-recipient, the Office of Budget and	145648
Management submits quarterly reports to the federal government,	145649
the Office of Budget and Management shall also submit those	145650
reports to the President of the Senate, Minority Leader of the	145651
Senate, Speaker of the House of Representatives, Minority Leader	145652
of the House of Representatives, and Chairs and ranking members of	145653
the committees in the Senate and House of Representatives handling	145654
finance and appropriations. The Office of Budget and Management	145655
shall continue to submit quarterly reports to the legislature for	145656
the duration of the period in which the state of Ohio is required	145657
to make reports to the federal government concerning Ohio's use of	145658
the federal American Recovery and Reinvestment Act of 2009 funds.	145659

Section 521.80. FEDERAL FUNDS FOR HISTORIC PRESERVATION LOAN	145660
GUARANTEE	145661

(A) As used in this section:

145662

(1) "Approved historic rehabilitation project" means a	145663
rehabilitation of a historic building that the Director of	145664
Development has approved for a rehabilitation tax credit under	145665
section 149.311 of the Revised Code.	145666

(2) "Federal funds" means federal money available to states	145667
under the American Recovery and Reinvestment Act of 2009 or any	145668
other source of federal money available to the states, that may	145669
lawfully be used for the purposes of this section.	145670

(3) "Owner" and "qualified rehabilitation expenditures" have	145671
the same meanings as in section 149.311 of the Revised Code.	145672

(B) There is hereby created in the state treasury the Ohio	145673
Historic Preservation Tax Credit Fund. The fund shall consist of	145674
money obtained by the Director of Development under division (C)	145675
of this section. Money in the fund shall be used to secure and pay	145676
guarantees of loans for approved historic rehabilitation projects	145677
as provided in this section.	145678

(C) The Director of Development may undertake to secure	145679
$75,000,000 of federal funds for crediting to the Ohio Historic	145680
Preservation Tax Credit Fund. If the Director secures such funds,	145681
the Director, for the purpose of creating new jobs or preserving	145682
existing jobs and employment opportunities and improving the	145683
economic welfare of the people of this state, shall enter into	145684
loan guarantee contracts under section 166.06 of the Revised Code	145685
in connection with approved historic rehabilitation projects,	145686
except that the guarantees shall be secured solely by and be	145687
payable solely from the Ohio Historic Preservation Tax Credit	145688
Fund. Money deposited into the Ohio Historic Preservation Tax	145689
Credit Fund shall be prioritized by providing loan guarantees for	145690
approved historic rehabilitation projects from the first funding	145691
round of the Ohio Historic Preservation Tax Credit Program before	145692
being used to provide loan guarantees for approved historic	145693
rehabilitation projects approved in subsequent funding rounds. The	145694
amount of a loan guarantee provided under this section shall not	145695
exceed the amount of the credit to be awarded for the approved	145696
historic rehabilitation project. References to the loan guarantee	145697
fund in divisions (C) and (F) of section 166.06 of the Revised	145698
Code shall be construed as references to the Ohio Historic	145699
Preservation Tax Credit Fund for the purposes of loan guarantees	145700
authorized by this section, except that no transfer shall be made	145701
to the Ohio Historic Preservation Tax Credit Fund from the	145702
facilities establishment fund as may otherwise be required by that	145703
section.	145704

(D) Nothing in this section is a determination by the General	145705
Assembly that federal funds are currently available for the	145706
purposes of this section. Rather, this section evidences a	145707
determination by the General Assembly that public purposes will be	145708
advanced by the use of current or future federal funds for the	145709
purposes of this section.	145710

Section 605.10. That Section 5 of Am. Sub. H.B. 1 of the	145711
129th General Assembly be amended to read as follows:	145712

Sec. 5. The Director of Development, in consultation with the	145713
Director of Budget and Management, shall find within the	145714
Department of Development's total unexpended and unencumbered	145715
fiscal year 2011 General Revenue Fund appropriation an amount not	145716
to exceed $1,000,000 in order to establish and operate the	145717
JobsOhio corporation established in Chapter 187. of the Revised	145718
Code. The Director of Development shall identify appropriation	145719
items within the General Revenue Fund that are to be reduced for	145720
this purpose, and any reduction in appropriations to these items	145721
pursuant to this section shall not collectively exceed $1,000,000.	145722
The amounts identified by the Director are hereby appropriated in	145723
General Revenue Fund appropriation item 195527, JobsOhio, for	145724
transition and start-up costs of the JobsOhio corporation,	145725
including, but not limited to, the costs of the incorporation and	145726
formation of the corporation. Nothing in this section shall be	145727
construed as increasing or decreasing the Department of	145728
Development's total fiscal year 2011 General Revenue Fund	145729
appropriation. Any unexpended and unencumbered balance in	145730
appropriation item 195527, JobsOhio, remaining at the end of	145731
fiscal year 2011 is hereby reappropriated for fiscal year 2012.	145732

The Department of Development shall prepare and, not later	145733
than six months after the effective date of this section, submit	145734
to the Controlling Board a report detailing the use of the funds	145735
appropriated under this section. The Department of Development	145736
shall submit to the Controlling Board a report not later than	145737
every six months thereafter detailing the use of the funds	145738
appropriated under this section, until those funds have all been	145739
used.	145740

Section 605.11. That existing Section 5 of Am. Sub. H.B. 1 of	145741
the 129th General Assembly is hereby repealed.	145742

Section 610.10. That Section 205.10 of Am. Sub. H.B. 114 of	145743
the 129th General Assembly be amended to read as follows:	145744

Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

145745

State Highway Safety Fund Group	145746

4W40	762321	Operating Expense - BMV	$	80,003,146	$	82,403,240	145747
4W40	762410	Registrations Supplement	$	28,945,176	$	29,813,532	145748
5V10	762682	License Plate Contributions	$	2,100,000	$	2,100,000	145749
7036	761321	Operating Expense - Information and Education	$	7,124,366	$	7,338,097	145750
7036	761401	Lease Rental Payments	$	9,978,300	$	2,315,700	145751
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	145752
7036	764321	Operating Expense - Highway Patrol	$	260,744,934	$	258,365,903	145753
7036	764605	Motor Carrier Enforcement Expenses	$	2,860,000	$	2,860,000	145754
8300	761603	Salvage and Exchange - Administration	$	19,469	$	20,053	145755
8310	761610	Information and Education - Federal	$	422,084	$	434,746	145756
8310	764610	Patrol - Federal	$	2,209,936	$	2,276,234	145757
8310	764659	Transportation Enforcement - Federal	$	5,519,333	$	5,684,913	145758
8310	765610	EMS - Federal	$	532,007	$	532,007	145759
8310	769610	Food Stamp Trafficking Enforcement - Federal	$	1,546,319	$	1,546,319	145760
8310	769631	Homeland Security - Federal	$	2,184,000	$	2,184,000	145761
8320	761612	Traffic Safety - Federal	$	16,577,565	$	16,577,565	145762
8350	762616	Financial Responsibility Compliance	$	5,457,240	$	5,549,068	145763
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	145764
8380	764606	Patrol Reimbursement	$	50,000	$	50,000	145765
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	145766
83F0	764657	Law Enforcement Automated Data System	$	9,053,266	$	9,053,266	145767
83G0	764633	OMVI Enforcement/Education	$	623,230	$	641,927	145768
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	145769
83M0	765624	Operating Expense - Trauma and EMS	$	2,632,106	$	2,711,069	145770
83N0	761611	Elementary School Seat Belt Program	$	305,600	$	305,600	145771
83P0	765637	EMS Grants	$	4,106,621	$	4,229,819	145772
83R0	762639	Local Immobilization Reimbursement	$	450,000	$	450,000	145773
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	145774
8400	764607	State Fair Security	$	1,256,655	$	1,294,354	145775
8400	764617	Security and Investigations	$	6,432,686	$	6,432,686	145776
8400	764626	State Fairgrounds Police Force	$	849,883	$	849,883	145777
8400	769632	Homeland Security - Operating	$	737,791	$	737,791	145778
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	145779
8460	761625	Motorcycle Safety Education	$	3,185,013	$	3,280,563	145780
8490	762627	Automated Title Processing Board	$	17,316,755	$	14,335,513	145781
TOTAL HSF State Highway Safety Fund Group			$	490,110,733	$	481,261,100	145782

General Services Fund Group	145783

4P60	768601	Justice Program Services	$	998,104	$	1,028,047	145784
4S30	766661	Hilltop Utility Reimbursement	$	540,800	$	540,800	145785
5ET0	768625	Drug Law Enforcement	$	3,780,000	$	3,893,400	145786
5Y10	764695	Highway Patrol Continuing Professional Training	$	170,000	$	170,000	145787
5Y10	767696	Investigative Unit Continuing Professional Training	$	15,000	$	15,000	145788
TOTAL GSF General Services Fund Group			$	5,503,904	$	5,647,247	145789

Federal Special Revenue Fund Group	145790

3290	763645	Federal Mitigation Program	$	10,110,332	$	10,413,642	145791
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	145792
3390	763647	Emergency Management Assistance and Training	$	75,664,821	$	77,934,765	145793
3CB0	768691	Federal Justice Grants - FFY06	$	200,000	$	50,000	145794
3CC0	768609	Justice Assistance Grants - FFY07	$	583,222	$	310,000	145795
3CD0	768610	Justice Assistance Grants – FFY08	$	310,000	$	150,000	145796
3CE0	768611	Justice Assistance Grants – FFY09	$	865,000	$	1,200,000	145797
3CV0	768697	Justice Assistance Grants Supplement – FFY08	$	2,000	$	0	145798
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	1,015,000	$	1,015,000	145799
3DH0	768613	Federal Stimulus - Justice Programs	$	150,000	$	150,000	145800
3DU0	762628	BMV Grants	$	1,525,000	$	1,580,000	145801
3EU0	768614	Justice Assistance Grants – FFY10	$	650,000	$	920,000	145802
3L50	768604	Justice Program	$	11,400,000	$	11,400,000	145803
3N50	763644	U.S. Department of Energy Agreement	$	31,672	$	31,672	145804
TOTAL FED Federal Special Revenue Fund Group			$	130,214,683	$	132,862,715	145805

State Special Revenue Fund Group	145806

4V30	763662	EMA Service and Reimbursement	$	4,368,369	$	4,499,420	145807
5390	762614	Motor Vehicle Dealers Board	$	180,000	$	185,400	145808
5B90	766632	Private Investigator and Security Guard Provider	$	1,562,637	$	1,562,637	145809
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	145810
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	145811
5CM0	767691	Federal Investigative Seizure	$	300,000	$	300,000	145812
5DS0	769630	Homeland Security	$	1,414,384	$	1,414,384	145813
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	2,000,000	$	2,000,000	145814
5FL0	769634	Investigations	$	899,300	$	899,300	145815
6220	767615	Investigative Contraband and Forfeiture	$	375,000	$	375,000	145816
6570	763652	Utility Radiological Safety	$	1,415,945	$	1,415,945	145817
6810	763653	SARA Title III HAZMAT Planning	$	262,438	$	262,438	145818
8500	767628	Investigative Unit Salvage	$	90,000	$	92,700	145819
TOTAL SSR State Special Revenue Fund Group			$	14,018,073	$	14,157,224	145820

Liquor Control Fund Group	145821

7043	767321		Liquor Enforcement - Operating		$	~~11,897,178~~ 11,000,000		$	~~11,897,178~~ 11,000,000		145822
TOTAL LCF Liquor Control Fund Group					$	~~11,897,178~~ 11,000,000		$	~~11,897,178~~ 11,000,000		145823

Agency Fund Group	145824

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		145825
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		145826

Holding Account Redistribution Fund Group	145827

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	145828
R052	762623	Security Deposits	$	350,000	$	350,000	145829
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	145830
TOTAL ALL BUDGET FUND GROUPS			$	~~655,479,571~~ 654,582,393	$	~~649,560,464~~ 648,663,286	145831

MOTOR VEHICLE REGISTRATION

145832

The Registrar of Motor Vehicles may deposit revenues to meet	145833
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	145834
4W40) established in section 4501.25 of the Revised Code, obtained	145835
under sections 4503.02 and 4504.02 of the Revised Code, less all	145836
other available cash. Revenue deposited pursuant to this paragraph	145837
shall support, in part, appropriations for operating expenses and	145838
defray the cost of manufacturing and distributing license plates	145839
and license plate stickers and enforcing the law relative to the	145840
operation and registration of motor vehicles. Notwithstanding	145841
section 4501.03 of the Revised Code, the revenues shall be paid	145842
into Fund 4W40 before any revenues obtained pursuant to sections	145843
4503.02 and 4504.02 of the Revised Code are paid into any other	145844
fund. The deposit of revenues to meet the aforementioned cash	145845
needs shall be in approximately equal amounts on a monthly basis	145846
or as otherwise determined by the Director of Budget and	145847
Management pursuant to a plan submitted by the Registrar of Motor	145848
Vehicles.	145849

CAPITAL PROJECTS

145850

The Registrar of Motor Vehicles may transfer cash from the	145851
State Bureau of Motor Vehicles Fund (Fund 4W40) to the State	145852
Highway Safety Fund (Fund 7036) to meet its obligations for	145853
capital projects CIR-047, Department of Public Safety Office	145854
Building and CIR-049, Warehouse Facility.	145855

OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS

145856

The foregoing appropriation item 761401, Lease Rental	145857
Payments, shall be used for payments to the Ohio Building	145858
Authority for the period July 1, 2011, to June 30, 2013, under the	145859
primary leases and agreements for public safety related buildings	145860
financed by obligations issued under Chapter 152. of the Revised	145861
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio	145862
Building Authority may, with approval of the Director of Budget	145863
and Management, lease capital facilities to the Department of	145864
Public Safety.	145865

HILLTOP TRANSFER

145866

The Director of Public Safety shall determine, per an	145867
agreement with the Director of Transportation, the share of each	145868
debt service payment made out of appropriation item 761401, Lease	145869
Rental Payments, that relates to the Department of	145870
Transportation's portion of the Hilltop Building Project, and	145871
shall certify to the Director of Budget and Management the amounts	145872
of this share. The Director of Budget and Management shall	145873
transfer the amounts of such shares from the Highway Operating	145874
Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036).	145875

CASH TRANSFERS TO TRAUMA AND EMERGENCY MEDICAL SERVICES FUND

145876

On July 1, 2011, or as soon as possible thereafter, the	145877
Director of Budget and Management shall transfer the unexpended	145878
and unencumbered cash balance in the Seat Belt Education Fund	145879
(Fund 8440) to the Trauma and Emergency Medical Services Fund	145880
(Fund 83M0). Upon completion of the transfer, Fund 8440 is	145881
abolished. The Director shall cancel any existing encumbrances	145882
against appropriation item 761613, Seat Belt Education Program,	145883
and reestablish them against appropriation item 765624, Operating	145884
Expense - Trauma and EMS. The reestablished encumbrance amounts	145885
are hereby appropriated.	145886

CASH TRANSFERS BETWEEN FUNDS

145887

Notwithstanding any provision of law to the contrary, the	145888
Director of Budget and Management, upon the written request of the	145889
Director of Public Safety, may approve the transfer of cash	145890
between the following six funds: the Trauma and Emergency Medical	145891
Services Fund (Fund 83M0), the Homeland Security Fund (Fund 5DS0),	145892
the Investigations Fund (Fund 5FL0), the Emergency Management	145893
Agency Service and Reimbursement Fund (Fund 4V30), the Justice	145894
Program Services Fund (Fund 4P60), and the State Bureau of Motor	145895
Vehicles Fund (Fund 4W40).	145896

CASH TRANSFERS TO SECURITY, INVESTIGATIONS, AND POLICING FUND

145897

Notwithstanding any provision of law to the contrary, the	145898
Director of Budget and Management, upon the written request of the	145899
Director of Public Safety, may approve the transfer of cash from	145900
the Continuing Professional Training Fund (Fund 5Y10), the State	145901
Highway Patrol Contraband, Forfeiture, and Other Fund (Fund 83C0),	145902
and the Highway Safety Salvage and Exchange Highway Patrol Fund	145903
(Fund 8410) to the Security, Investigations, and Policing Fund	145904
(Fund 8400).	145905

CASH TRANSFERS OF SEAT BELT FINE REVENUES

145906

Notwithstanding any provision of law to the contrary, the	145907
Controlling Board, upon request of the Director of Public Safety,	145908
may approve the transfer of cash between the following four funds	145909
that receive fine revenues from enforcement of the mandatory seat	145910
belt law: the Trauma and Emergency Medical Services Fund (Fund	145911
83M0), the Elementary School Program Fund (Fund 83N0), and the	145912
Trauma and Emergency Medical Services Grants Fund (Fund 83P0).	145913

STATE DISASTER RELIEF

145914

The State Disaster Relief Fund (Fund 5330) may accept	145915
transfers of cash and appropriations from Controlling Board	145916
appropriation items for Ohio Emergency Management Agency disaster	145917
response costs and disaster program management costs, and may also	145918
be used for the following purposes:	145919

(A) To accept transfers of cash and appropriations from	145920
Controlling Board appropriation items for Ohio Emergency	145921
Management Agency public assistance and mitigation program match	145922
costs to reimburse eligible local governments and private	145923
nonprofit organizations for costs related to disasters;	145924

(B) To accept and transfer cash to reimburse the costs	145925
associated with Emergency Management Assistance Compact (EMAC)	145926
deployments;	145927

(C) To accept disaster related reimbursement from federal,	145928
state, and local governments. The Director of Budget and	145929
Management may transfer cash from reimbursements received by this	145930
fund to other funds of the state from which transfers were	145931
originally approved by the Controlling Board.	145932

(D) To accept transfers of cash and appropriations from	145933
Controlling Board appropriation items to fund the State Disaster	145934
Relief Program, for disasters that have been declared by the	145935
Governor, and the State Individual Assistance Program for	145936
disasters that have been declared by the Governor and the federal	145937
Small Business Administration. The Ohio Emergency Management	145938
Agency shall publish and make available application packets	145939
outlining procedures for the State Disaster Relief Program and the	145940
State Individual Assistance Program.	145941

JUSTICE ASSISTANCE GRANT FUND

145942

The federal payments made to the state for the Byrne Justice	145943
Assistance Grants Program under Title II of Division A of the	145944
American Recovery and Reinvestment Act of 2009 shall be deposited	145945
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	145946
which is hereby created in the state treasury. All investment	145947
earnings of the fund shall be credited to the fund.	145948

FEDERAL STIMULUS – JUSTICE PROGRAMS

145949

The federal payments made to the state for the Violence	145950
Against Women Formula Grant under Title II of Division A of the	145951
American Recovery and Reinvestment Act of 2009 shall be deposited	145952
to the credit of the Federal Stimulus – Justice Programs Fund	145953
(Fund 3DH0).	145954

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	145955
AGENCY SERVICE AND REIMBURSEMENT FUND	145956

On July 1 of each fiscal year, or as soon as possible	145957
thereafter, the Director of Budget and Management shall transfer	145958
$200,000 in cash from the State Fire Marshal Fund (Fund 5460) to	145959
the Emergency Management Agency Service and Reimbursement Fund	145960
(Fund 4V30) to be distributed to the Ohio Task Force One – Urban	145961
Search and Rescue Unit and other urban search and rescue programs	145962
around the state.	145963

FAMILY VIOLENCE PREVENTION FUND

145964

Notwithstanding any provision of law to the contrary, in each	145965
of fiscal years 2012 and 2013, the first $750,000 received to the	145966
credit of the Family Violence Prevention Fund (Fund 5BK0) shall be	145967
appropriated to appropriation item 768689, Family Violence Shelter	145968
Programs, and the next $400,000 received to the credit of Fund	145969
5BK0 in each of those fiscal years shall be appropriated to	145970
appropriation item 768687, Criminal Justice Services - Operating.	145971
Any moneys received to the credit of Fund 5BK0 in excess of the	145972
aforementioned appropriated amounts in each fiscal year shall,	145973
upon the approval of the Controlling Board, be used to provide	145974
grants to family violence shelters in Ohio.	145975

SARA TITLE III HAZMAT PLANNING

145976

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	145977
entitled to receive grant funds from the Emergency Response	145978
Commission to implement the Emergency Management Agency's	145979
responsibilities under Chapter 3750. of the Revised Code.	145980

COLLECTIVE BARGAINING INCREASES

145981

Notwithstanding division (D) of section 127.14 and division	145982
(B) of section 131.35 of the Revised Code, except for the General	145983
Revenue Fund, the Controlling Board may, upon the request of	145984
either the Director of Budget and Management, or the Department of	145985
Public Safety with the approval of the Director of Budget and	145986
Management, increase appropriations for any fund, as necessary for	145987
the Department of Public Safety, to assist in paying the costs of	145988
increases in employee compensation that have occurred pursuant to	145989
collective bargaining agreements under Chapter 4117. of the	145990
Revised Code and, for exempt employees, under section 124.152 of	145991
the Revised Code.	145992

CASH BALANCE FUND REVIEW

145993

Not later than the first day of April in each fiscal year of	145994
the biennium, the Director of Budget and Management shall review	145995
the cash balances for each fund, except the State Highway Safety	145996
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	145997
4W40), in the State Highway Safety Fund Group, and shall recommend	145998
to the Controlling Board an amount to be transferred to the credit	145999
of Fund 7036 or Fund 4W40, as appropriate.	146000

Section 610.11. That existing Section 205.10 of Am. Sub. H.B.	146001
114 of the 129th General Assembly is hereby repealed.	146002

Section 610.20. That Section 211 of Sub. H.B. 123 of the	146003
129th General Assembly be amended to read as follows:	146004

Sec. 211. WCC WORKERS' COMPENSATION COUNCIL

146005

~~5FV0~~	~~321600~~	~~Remuneration Expenses~~	$	~~471,200~~	$	~~471,200~~	146006
~~TOTAL 5FV0 Workers' Compensation Council Remuneration Fund~~			$	~~471,200~~	$	~~471,200~~	146007
~~TOTAL ALL BUDGET FUND GROUPS~~			$	~~471,200~~	$	~~471,200~~	146008

~~WORKERS' COMPENSATION COUNCIL~~

146009

~~The foregoing appropriation item 321600, Remuneration~~	146010
~~Expenses, shall be used to pay the payroll and fringe benefit~~	146011
~~costs for employees of the Workers' Compensation Council.~~	146012

Upon the effective date of this section, or as soon as	146013
possible thereafter, the Workers' Compensation Council shall wind	146014
up its affairs. All of the records of the Council shall be	146015
transferred to the Legislative Service Commission, and all of its	146016
other assets and liabilities shall be transferred to the Bureau of	146017
Workers' Compensation. The Bureau of Workers' Compensation is	146018
thereupon and thereafter successor to, and assumes the obligations	146019
of, the Council.	146020

Any business commenced, but not completed by the Council or	146021
the Director of the Council on the effective date of this section	146022
shall be completed by the Administrator of Workers' Compensation	146023
in the same manner, and with the same effect, as if completed by	146024
the Council or the Director of the Council. No validation, cure,	146025
right, privilege, remedy, obligation, or liability is lost or	146026
impaired by reason of the transfer required by this section and	146027
shall be administered by the Administrator.	146028

All employees of the Council cease to hold their positions of	146029
employment on the effective date of this section, or as soon as	146030
possible thereafter.	146031

Once the Workers' Compensation Council is abolished, the	146032
Director of Budget and Management shall transfer the unexpended	146033
and unencumbered cash balance in the Workers' Compensation Council	146034
Remuneration Fund (Fund 5FV0) to the State Insurance Fund (Fund	146035
7023). Upon completion of the transfer, the Workers' Compensation	146036
Council Remuneration Fund is abolished. The Director shall cancel	146037
any existing encumbrances against appropriation item 321600,	146038
Remuneration Expenses, and reestablish them against appropriation	146039
item 855409, Administrative Expenses. The amounts of the	146040
reestablished encumbrances are hereby appropriated.	146041

Once the Workers' Compensation Council is abolished, the	146042
Treasurer of State shall transfer the unexpended and unencumbered	146043
cash balance in the Workers' Compensation Council Fund to the	146044
State Insurance Fund. Upon completion of the transfer, the fund is	146045
abolished.	146046

Wherever the Director or the Council is referred to in any	146047
law, contract, or other document, the reference shall be deemed to	146048
refer to the Administrator or the Bureau of Workers' Compensation,	146049
whichever is appropriate.	146050

No action or proceeding pending on the effective date of this	146051
section is affected by the transfer, and any such action or	146052
proceeding shall be prosecuted or defended in the name of the	146053
Administrator or the Bureau. In all such actions and proceedings,	146054
the Administrator or the Bureau, upon application to the court,	146055
shall be substituted as a party.	146056

Section 610.21. That existing Section 211 of Sub. H.B. 123 of	146057
the 129th General Assembly is hereby repealed.	146058

Section 610.30. That Section 5 of Am. Sub. S.B. 2 of the	146059
129th General Assembly be amended to read as follows:	146060

Sec. 5. The enactment by this act of sections 107.51 to	146061
107.55 and 121.81 to 121.83 of the Revised Code ~~first~~and the	146062
amendment by this act of section 119.032 of the Revised Code	146063
applies to a proposed rule, the original ~~and any revised~~ version	146064
of which is filed with the Joint Committee on Agency Rule Review	146065
on or after January 1, 2012, and to any rule that is ~~scheduled for~~	146066
subjected to review under section 119.032 of the Revised Code on	146067
or after January 1, 2012. ~~If rule-making proceedings are commenced~~	146068
~~and completed before January 1, 2012, sections~~The enactment of	146069
sections 107.51 to 107.55 and 121.81 to 121.83 of the Revised Code	146070
and the amendment by this act of section 119.032 of the Revised	146071
Code do not apply to ~~the proceedings, and section 121.24 of the~~	146072
~~Revised Code applies to the proceedings instead. If rule-making~~	146073
~~proceedings are commenced but not completed before January 1,~~	146074
~~2012, section 121.24 of the Revised Code applies to the original~~	146075
~~version of the proposed rule if it is filed with the Joint~~	146076
~~Committee before that date, and sections 107.51 to 107.55 and~~	146077
~~121.81 to 121.83 of the Revised Code apply to any revised version~~	146078
~~of the~~a proposed rule that is ~~filed~~pending on ~~or after that date~~	146079
January 1, 2012.	146080

~~Section~~Notwithstanding its repeal by this act, section	146081
121.24 ~~and sections 107.51 to 107.55 and 121.81 to 121.83~~ of the	146082
Revised Code ~~do not~~continues to apply to a proposed rule that is	146083
~~deemed the original version of a proposed rule by the carry-over~~	146084
~~provisions in division (I)(2) of section 119.03 of the Revised~~	146085
~~Code. Whether section 121.24 or sections 107.51 to 107.55 and~~	146086
~~121.81 to 121.83 of the Revised Code applied to such a proposed~~	146087
~~rule before its carry over, the results of that application are~~	146088
~~carried over with the proposed rule~~pending on January 1, 2012,	146089
until the rule-making proceedings are completed.	146090

Section 610.31. That existing Section 5 of Am. Sub. S.B. 2	146091
of the 129th General Assembly is hereby repealed.	146092

Section 620.10. That Section 125.10 of Am. Sub. H.B. 1 of the	146093
128th General Assembly be amended to read as follows:	146094

Sec. 125.10. Sections 5112.40, 5112.41, 5112.42, 5112.43,	146095
5112.44, 5112.45, 5112.46, 5112.47, and 5112.48 of the Revised	146096
Code are hereby repealed, effective October 1, ~~2011~~2013.	146097

Section 620.11. That existing Section 125.10 of Am. Sub. H.B.	146098
1 of the 128th General Assembly is hereby repealed.	146099

Section 620.12. The seventh paragraph of Section 812.20 of	146100
Am. Sub. H.B. 1 of the 128th General Assembly, which refers to the	146101
taking effect of a repeal of sections 5112.40 to 5112.48 of the	146102
Revised Code, is repealed.	146103

Section 620.13. The intent of Sections 620.10 to 620.12 of	146104
this act is to further delay the repeal of sections 5112.40,	146105
5112.41, 5112.42, 5112.43, 5112.44, 5112.45, 5112.46, 5112.47, and	146106
5112.48 of the Revised Code from October 1, 2011, until October 1,	146107
2013.	146108

Section 620.20. That Section 753.60 of Am. Sub. H.B. 1 of the	146109
128th General Assembly be amended to read as follows:	146110

Sec. 753.60. (A) The Governor is authorized to execute a	146111
Governor's Deed in the name of the state conveying to the Dayton	146112
Public School District/Dayton Board of Education, ("grantee"), and	146113
its successors and assigns, all of the state's right, title, and	146114
interest in the following described real estate:	146115

STATE OF OHIO TO BOARD OF EDUCATION 45.3599 Acres

146116

Situated in Section 26, Township 2, Range 7 of the Miami	146117
River Survey, the City of Dayton, the County of Montgomery, the	146118
State of Ohio, being a 2.2361 acre portion of a 15 acres 30 rods	146119
tract conveyed to the State of Ohio as recorded in Deed Book U-2,	146120
Page 40, and being a 22.5673 acre portion of a 24.36 acre tract of	146121
land conveyed to the Trustees of the Southern Ohio Lunatic Asylum	146122
as recorded in Deed Book N-3, Page 233, being an 4.6813 acre	146123
portion of a 21.25 acre tract of land conveyed to the State of	146124
Ohio as recorded in Deed Book 169, Page 583, and being an 8.6742	146125
acre portion of a 33.5 acre tract as conveyed to the State of Ohio	146126
as recorded in Deed Book 169, Page 585, being an 7.2010 acre	146127
portion of a 10.544 acre tract of land as conveyed to the State of	146128
Ohio as recorded in Deed Book 138, Page 125 and being a portion of	146129
City of Dayton Lot Number 61376 and all of Lot Number 61377 of the	146130
revised and consecutive numbers of lots on the plat of the City of	146131
Dayton and more particularly bounded and described as follows:	146132

Beginning at a capped 5/8" Iron Pin found stamped "Woolpert"	146133
at the Southeast corner of a 2.881 acre tract being Parcel 2 of	146134
the Wilmington Woods Plat as recorded in Plat Book 134, Page 3A,	146135
said point also being the northeast corner of an 8.338 acre tract	146136
of land conveyed to the Barry K. Humphries as recorded in	146137
Microfiche 01-O590A04 and the TRUE POINT OF BEGINNING;	146138

Thence with the east line of said 2.881 acre tract being	146139
Parcel 2 and the West line of a 24.36 acre tract of land conveyed	146140
to the Trustees of the Southern Ohio Lunatic Asylum as recorded in	146141
Deed Book N-3, Page 233, North 00°32' 15" East a distance of	146142
459.39 feet to a RR Spike set in the centerline of Wayne Avenue,	146143
passing a 5/8 inch iron pin set at the northeast corner of said	146144
2.881 acre tract and the south right of way of Wayne Avenue at	146145
429.39 feet;	146146

Thence with the centerline of Wayne Ave and the north lines	146147
of said 24.36 acre tract and said 21.25 acre tract, South	146148
89º18'28" East a distance of 790.80 feet to a RR spike set at the	146149
northwest comer of a 1.056 acre tract of land conveyed to the City	146150
of Dayton as recorded in M.F. No. 90-424 EO9;	146151

Thence with the west line of said 1.056 acre tract and the	146152
east line of said 21.25 acre tract, South 01º17'05" West a	146153
distance of 230.89 feet to a 5/8 inch iron pin stamped "Riancho",	146154
passing a 5/8 inch iron set at the south right of way of Wayne	146155
Avenue at 30.00 feet;	146156

Thence with the south line of said 1.056 acre tract and the	146157
south line of a 1.056 acre tract of land conveyed to the City of	146158
Dayton as recorded in M.F. No. 78-725 B08, South 89º27' 55" East a	146159
distance of 400.00 feet to a found 5/8" iron pin and passing a 5/8	146160
inch iron pin found stamped "Riancho" at 200.00 feet;	146161

Thence with the east line of said 1.056 acre tract and the	146162
west line of said 33.5 acre tract as conveyed to the State of Ohio	146163
as recorded in Deed Book 169 Page 585, North 1°17'05" East a	146164
distance of 229.79 feet to a RR spike set, passing a 5/8 inch iron	146165
pin set at the south right of way of Wayne Avenue at 199.79 feet;	146166

Thence with the centerline of Wayne Avenue and the north line	146167
of said 33.5 acre tract, South 89º18'28" East a distance of 270.78	146168
feet to a RR spike set at the Intersection of the centerlines of	146169
Waterveliet Avenue and Wayne Avenue;	146170

Thence with the centerline of Waterveliet Avenue and with the	146171
northerly line of said 33.5 acre tract, South 55º21'16" East a	146172
distance of 231.10 feet to a RR spike set;	146173

Thence with the east line of said 33.5 acre tract and the	146174
west line of a 13.00 acre tract conveyed to the Board of Education	146175
of the Dayton City School District as recorded in Deed Book 1522,	146176
Page 341, South 00º48' 28" West a distance of 709.51 feet to a 5/8	146177
inch iron pin set;	146178

Thence with a new division line, North 89º11'12" West, a	146179
distance of 468.08 feet to a 5/8 inch iron pin set, in the west	146180
line of said 33.5 acre tract and the east line of said 21.25 acre	146181
tract, to a 5/8 inch iron pin set;	146182

Thence with the west line of said 33.5 acre tract and the	146183
east line of said 21.25 acre tract, North 01°07'55" East a	146184
distance of 141.74 feet to a 5/8 inch iron pin set;	146185

Thence with a new division line, North 89°15'53" West,	146186
passing the west line of said 21.25 acre tract and the east line	146187
of said 24.36 acre tract conveyed to The Trustees of the Southern	146188
Ohio Lunatic Asylum as recorded in Deed Book N~3, Page 233 at a	146189
distance of 425.35 feet, for a total distance of 507.35 feet to a	146190
5/8 inch iron pin set;	146191

Thence with a new division line South 01°07'00" West passing	146192
the south line of 24.36 acre tract conveyed to The Trustees of the	146193
Southern Ohio Lunatic Asylum as recorded in Deed Book N-3, Page	146194
233 and the north line of said 10.544 acre tract at a distance of	146195
627.92 feet, for a total distance of 1,013.05 feet to a 5/8 inch	146196
iron pin set in the south line of said 10.544 acre tract;	146197

Thence with the south line of said 10.544 acre tract and the	146198
north line a 20.3 acre tract conveyed to the State of Ohio	146199
Department of Public Works for the use of the Department of Public	146200
Welfare, Dayton State Hospital as recorded in Deed Book 1326, Page	146201
247, North 88°52'07" West a distance of 808.89 feet to a 5/8 inch	146202
iron pin set in the east line of a 11.579 acre tract of land	146203
conveyed to the Hospice of Dayton as recorded in Microfiche	146204
94-0448C08;	146205

Thence with the east line of said 11.579 acre tract of land,	146206
the east line of said 8.338 acre tract as conveyed to Barry K.	146207
Humphries as recorded in M.F. number 01-0590 A04, the west line of	146208
said 10.544 acre tract, and the west line of said 2.36 acre tract,	146209
North 03°24 '08" West a distance of 956.68 feet to a 5/8 inch iron	146210
pin set;	146211

Thence with an easterly line of said 8.338 acre tract, the	146212
westerly line of said 24.36 acre tract, and the north line of said	146213
2.36 acre tract, North 49º49'38" East a distance of 275.99 feet to	146214
a capped 5/8 inch Iron Pin found stamped "LJB";	146215

Thence with the east line of said 8.338 acre tract and the	146216
west line of a 24.36 acre tract, North 00°32'15" East a distance	146217
of 108.09 feet to a capped 5/8" Iron Pin stamped "Woolpert" and	146218
the TRUE POINT OF BEGINNING, containing 45.3599 acres more or	146219
less. Subject to all easements, agreements and right of ways of	146220
record.	146221

The basis of bearings for this description is the easterly	146222
line of Parcel 2, South 00°32'15 West, as recorded in the	146223
Wilmington Woods Plat as recorded in Plat Book 134, Page 3A;	146224

All iron pins set in the above boundary description are 5/8"	146225
(O.D.) 30" long with a plastic cap stamped "LJB"	146226

(B)(1) Consideration for conveyance of the real estate	146227
described in division (A) of this section is the transfer to the	146228
state at no cost of 8.9874 acres adjacent to the remaining Twin	146229
Valley Behavioral Healthcare/Dayton Campus, subject to the	146230
following conditions:	146231

(a) Within one hundred eighty days after conveyance of the	146232
real estate described in division (A) of this section, grantee at	146233
its own cost shall complete construction of a new western	146234
extension off of Mapleview Avenue to provide a new entrance	146235
roadway to the remaining Twin Valley Behavioral Healthcare/Dayton	146236
Campus and provide an easement to the state for full utilization	146237
of the roadway for the benefit of the remaining Twin Valley	146238
Behavioral Healthcare/Dayton Campus until the property described	146239
in division (B)(1) of this section is transferred to the state.	146240

(b) Within three hundred forty days after the occupancy of	146241
the New Belmont High School, grantee shall demolish and	146242
environmentally restore the 8.9874 acres being transferred to the	146243
state.	146244

(2) In lieu of the transfer of the 8.9874 acres, if the	146245
Director of Mental Health determines that the grantee has	146246
insufficiently performed its construction, demolition, and	146247
environmental restoration obligations specified in division (B)(1)	146248
of this section, the grantee, as consideration, shall pay a	146249
purchase price of $1,175,000.00 to the state, which is the	146250
appraised value of the 45.3599 acres described in division (A) of	146251
the section less the cost of demolition, site, and utility work.	146252

(C) The real estate described in division (A) of this section	146253
shall be conveyed as an entire tract and not in parcels.	146254

(D) Upon transfer of the 8.9874 acres to the state or payment	146255
of the purchase price, the Auditor of State, with the assistance	146256
of the Attorney General, shall prepare a deed to the real estate	146257
described in division (A) of this section. The deed shall state	146258
the consideration and shall be executed by the Governor in the	146259
name of the state, countersigned by the Secretary of State, sealed	146260
with the Great Seal of the State, presented in the Office of the	146261
Auditor of State for recording, and delivered to the grantee. The	146262
grantee shall present the deed for recording in the Office of the	146263
Montgomery County Recorder.	146264

(E) The grantee shall pay all costs associated with	146265
conveyance of the real estate described in division (A) of this	146266
section, including recordation costs of the deed.	146267

(F) If the payment of $1,175,000.00 is made in lieu of the	146268
transfer of the 8.9874 acres to the state, the proceeds of the	146269
conveyance of the real estate described in division (A) of this	146270
section shall be deposited into the state treasury to the credit	146271
of the Department of Mental Health Trust Fund created by section	146272
5119.18 of the Revised Code and the easement described in division	146273
(B)(1)(a) of this section shall become a permanent easement.	146274

(G) The grantee shall not, during any period that any bonds	146275
issued by the state to finance or refinance all or a portion of	146276
the real estate described in division (A) of this section are	146277
outstanding, use any portion of the real estate for a private	146278
business use without the prior written consent of the state.	146279

As used in this division:

146280

"Private business use" means use, directly or indirectly, in	146281
a trade or business carried on by any private person other than	146282
use as a member of, and on the same basis as, the general public.	146283
Any activity carried on by a private person who is not a natural	146284
person shall be presumed to be a trade or business.	146285

"Private person" means any natural person or any artificial	146286
person, including a corporation, partnership, limited liability	146287
company, trust, or other entity and including the United States or	146288
any agency or instrumentality of the United States, but excluding	146289
any state, territory, or possession of the United States, the	146290
District of Columbia, or any political subdivision thereof that is	146291
referred to as a "State or local governmental unit" in Treasury	146292
Regulation § 1.103-1(a) and any person that is acting solely and	146293
directly as an officer or employee of or on behalf of any such	146294
governmental unit.	146295

(H) This section expires ~~two years after its effective date~~	146296
on October 16, 2013.	146297

Section 620.21. That existing Section 753.60 of Am. Sub. H.B.	146298
1 of the 128th General Assembly is hereby repealed.	146299

Section 620.30. That Section 105.20 of Sub. H.B. 462 of the	146300
128th General Assembly be amended to read as follows:	146301

Sec. 105.20. All items set forth in this section are hereby	146302
appropriated out of any moneys in the state treasury to the credit	146303
of the School Building Program Assistance Fund (Fund 7032) that	146304
are not otherwise appropriated:	146305

Reappropriations

SFC SCHOOL FACILITIES COMMISSION	146306

C23002	School Building Program Assistance	$	523,091,925	146307
C23005	Exceptional Needs	$	3,009,397	146308
C23010	Vocation Facilities Assistance Program	$	12,203,057	146309
C23011	Corrective Action Grants	$	23,336,491	146310
C23012	School for the Blind/Deaf	$	12,321,269	146311
Total School Facilities Commission		$	573,962,139	146312
TOTAL School Building Program Assistance Fund		$	573,962,139	146313

CONSTRUCTION OF NEW BLIND AND DEAF SCHOOLS

146314

Notwithstanding sections 123.01 and 123.15 of the Revised	146315
Code and in addition to its powers under Chapter 3318. of the	146316
Revised Code, the Ohio School Facilities Commission shall	146317
administer the project appropriated in C23012, School for the	146318
Blind/Deaf, pursuant to the memorandum of understanding that the	146319
Ohio State School for the Blind, the Ohio School for the Deaf, and	146320
the Ohio School Facilities Commission signed on October 31, 2007.	146321
The project shall comply to the fullest extent possible with the	146322
specifications and policies set forth in the Ohio School	146323
Facilities Design Manual and shall not be considered a part of any	146324
program created under Chapter 3318. of the Revised Code. Upon	146325
issuance by the Commission of a certificate of completion of the	146326
project, the Commission's participation in the project shall end.	146327

The Executive Director of the Ohio School Facilities	146328
Commission shall comply with the procedures and guidelines	146329
established in Chapter 153. of the Revised Code. Upon the release	146330
of funds for the project by the Controlling Board or the Director	146331
of Budget and Management, the Commission may administer the	146332
project without the supervision, control, or approval of the	146333
Director of Administrative Services. Any references to the	146334
Director of Administrative Services in the Revised Code, with	146335
respect to the administration of the project, shall be read as if	146336
they referred to the Director of the Ohio School Facilities	146337
Commission.	146338

CORRECTIVE ACTION GRANTS

146339

The foregoing appropriation item C23011, Corrective Action	146340
Grants, for fiscal year 2011, may be used to provide funding to	146341
bring facilities up to Ohio School Design Manual standards for a	146342
project funded pursuant to sections 3318.01 to 3318.20 or 3318.40	146343
to 3318.45 of the Revised Code for the correction of work found	146344
during or after project close-out to be defective, or for the	146345
remediation of work found during or after project close-out to be	146346
omitted. Funding shall only be provided for work if the impacted	146347
school district notifies the Executive Director of the Ohio School	146348
Facilities Commission within five years of project close-out. The	146349
Commission may provide funding assistance necessary to take	146350
corrective measures after evaluating defective or omitted work. If	146351
the work to be corrected or remediated is part of a project not	146352
yet completed, the Commission may amend the project agreement to	146353
increase the project budget and use corrective action funding to	146354
provide the local share of the amendment. If the work to be	146355
corrected or remediated was part of a completed project and funds	146356
were retained or transferred pursuant to division (C) of section	146357
3318.12 of the Revised Code, the Commission may enter into a new	146358
agreement to address the necessary corrective action. The	146359
Commission shall assess responsibility for the defective or	146360
omitted work and seek cost recovery from responsible parties, if	146361
applicable. Any funds recovered shall be deposited into the School	146362
Building Program Assistance Fund (Fund 7032).	146363

The foregoing appropriation item C23011, Corrective Action	146364
Grants, for fiscal year 2012, may be used to provide funding to	146365
school districts under the Corrective Action Program in accordance	146366
with section 3318.49 of the Revised Code.	146367

Section 620.31. That existing Section 105.20 of Sub. H.B. 462	146368
of the 128th General Assembly is hereby repealed.	146369

Section 620.40. That Section 105.45.70 of Sub. H.B. 462 of	146370
the 128th General Assembly, as amended by Am. Sub. H.B. 114 of the	146371
129th General Assembly, be amended to read as follows:	146372

Reappropriations

Sec. 105.45.70. CCC CUYAHOGA COMMUNITY COLLEGE

146373

C37800	Basic Renovations	$	4,406,772	146374
C37803	Technology Learning Center - Western	$	43,096	146375
C37807	Cleveland Art Museum - Improvements	$	3,100,000	146376
C37812	Building A Expansion Module - Western	$	124,332	146377
C37816	College-Wide Wayfinding Signage System	$	145,893	146378
C37817	College-Wide Asset Protection & Building	$	631,205	146379
C37818	Healthcare Technology Building - Eastern	$	13,464,866	146380
C37821	Hospitality Management Program	$	2,452,728	146381
C37822	Theater Renovations	$	2,243,769	146382
C37824	Rock and Roll Hall of Fame Archive	$	18,000	146383
C37826	CW Roof Replacement	$	190,735	146384
C37829	College of Podiatric Medicine	$	250,000	146385
C37830	Auto Lab Improvements	$	240	146386
C37831	Visiting Nurse Association	$	150,000	146387
C37832	Western Reserve Hospice Center	$	1,500	146388
C37833	Cleveland Zoological Society	$	150,000	146389
C37834	Museum of Contemporary Art Cleveland	$	450,000	146390
C37835	Western Reserve Historical Society	$	2,800,000	146391
Total Cuyahoga Community College		$	30,623,136	146392

On July 1, 2011, or as soon as possible thereafter, the	146393
Director of Budget and Management shall cancel ~~any~~ existing	146394
encumbrances against appropriation item C371A9, Western Reserve	146395
Historical Society, totaling $2,800,000 and reestablish them	146396
against the foregoing appropriation item C37835, Western Reserve	146397
Historical Society.	146398

Section 620.41. That existing Section 105.45.70 of Sub. H.B.	146399
462 of the 128th General Assembly, as amended by Am. Sub. H.B. 114	146400
of the 129th General Assembly, is hereby repealed.	146401

Section 620.51. That Section 5 of Sub. S.B. 162 of the 128th	146402
General Assembly be amended to read as follows:	146403

Sec. 5. (A) There is hereby created the Select Committee on	146404
Telecommunications Regulatory Reform consisting of the following	146405
members:	146406

(1) The chairperson and ranking minority member of the	146407
committee in the Senate to which legislation pertaining to public	146408
utilities is referred;	146409

(2) The chairperson and ranking minority member of the	146410
committee in the House of Representatives to which legislation	146411
pertaining to public utilities is referred;	146412

(3) The chairperson of the Public Utilities Commission or an	146413
officer or employee of the Commission who shall serve as the	146414
chairperson's designee;	146415

(4) The Consumers' Counsel or an officer or employee of the	146416
Office of the Consumers' Counsel who shall serve as the designee	146417
of the Consumers' Counsel;	146418

(5) One member appointed by the Governor, who is a member of	146419
the Governor's staff;	146420

(6) One member appointed by the Governor who is a	146421
representative of the telecommunications industry.	146422

(B) The Governor shall make appointments to the Committee not	146423
later than ~~sixty days after the effective date of this section~~	146424
November 12, 2010. Vacancies on the Committee shall be filled in	146425
the manner provided for original appointments.	146426

(C) The members who serve as chairpersons of the House and	146427
Senate committees to which public utility legislation is referred	146428
shall serve as co-chairpersons of the Select Committee on	146429
Telecommunications Regulatory Reform. The Committee shall meet at	146430
the call of the co-chairpersons who shall determine the time,	146431
meeting location, and agenda for each meeting of the Committee.	146432

(D) The Committee shall study the impacts of Sub. S.B. 162 as	146433
enacted by the 128th General Assembly. The Committee's study shall	146434
include, but shall not be limited to, a review of both the	146435
economic benefits of the act and the act's impact on jobs,	146436
telephone company rates, telephone company quality of service,	146437
lifeline program customers, rural markets, rural broadband	146438
deployment, and carrier access to private property. ~~The~~	146439
~~Committee's study shall also include a report on the~~	146440
~~Community-voicemail Service Pilot Program created in S.B. 162 of~~	146441
~~the 128th General Assembly.~~ The Public Utilities Commission shall	146442
cooperate with the Committee as it performs its duties and shall	146443
provide reports and any other information requested by the	146444
Committee.	146445

(E) The Committee may request assistance from the Legislative	146446
Service Commission.	146447

(F) Not later than ~~four years after the effective date of~~	146448
~~this section~~September 13, 2014, the Committee shall submit a	146449
written report of its findings and recommendations to the General	146450
Assembly and the Governor. Upon submission of its report, the	146451
Committee shall cease to exist.	146452

Section 620.52. That existing Section 5 of Sub. S.B. 162 of	146453
the 128th General Assembly is hereby repealed.	146454

Section 620.53. That Section 6 of Sub. S.B. 162 of the 128th	146455
General Assembly is hereby repealed.	146456

Section 630.10. That Section 5 of Sub. H.B. 125 of the 127th	146457
General Assembly, as most recently amended by Sub. H.B. 198 of the	146458
128th General Assembly, be amended to read as follows:	146459

Sec. 5. (A) As used in this section and Section 6 of Sub.	146460
H.B. 125 of the 127th General Assembly:	146461

(1) "Most favored nation clause" means a provision in a	146462
health care contract that does any of the following:	146463

(a) Prohibits, or grants a contracting entity an option to	146464
prohibit, the participating provider from contracting with another	146465
contracting entity to provide health care services at a lower	146466
price than the payment specified in the contract;	146467

(b) Requires, or grants a contracting entity an option to	146468
require, the participating provider to accept a lower payment in	146469
the event the participating provider agrees to provide health care	146470
services to any other contracting entity at a lower price;	146471

(c) Requires, or grants a contracting entity an option to	146472
require, termination or renegotiation of the existing health care	146473
contract in the event the participating provider agrees to provide	146474
health care services to any other contracting entity at a lower	146475
price;	146476

(d) Requires the participating provider to disclose the	146477
participating provider's contractual reimbursement rates with	146478
other contracting entities.	146479

(2) "Contracting entity," "health care contract," "health	146480
care services," "participating provider," and "provider" have the	146481
same meanings as in section 3963.01 of the Revised Code, as	146482
enacted by Sub. H.B. 125 of the 127th General Assembly.	146483

(B) ~~With respect to a contracting entity and a provider other~~	146484
~~than a hospital, no~~No health care contract ~~that includes~~shall	146485
contain a most favored nation clause ~~shall be entered into, and no~~	146486
~~health care contract at the instance of a contracting entity shall~~	146487
~~be amended or renewed to include a most favored nation clause, for~~	146488
~~a period of three years after the effective date of Sub. H.B. 125~~	146489
~~of the 127th General Assembly~~.	146490

(C) ~~With respect to a contracting entity and a hospital, no~~	146491
~~health care contract that includes a most favored nation clause~~	146492
~~shall be entered into, and no health care contract at the instance~~	146493
~~of a contracting entity shall be amended or renewed to include a~~	146494
~~most favored nation clause, for a period of three years after the~~	146495
~~effective date of Sub. H.B. 125 of the 127th General Assembly,~~	146496
~~subject to extension as provided in Section 6 of Sub. H.B. 125 of~~	146497
~~the 127th General Assembly.~~	146498

~~(D)~~ This section does not apply to and does not prohibit the	146499
continued use of a most favored nation clause in a health care	146500
contract that is between a contracting entity and a hospital and	146501
that is in existence on the effective date of Sub. H.B. 125 of the	146502
127th General Assembly ~~even if the health care contract is~~	146503
~~materially amended with respect to any provision of the health~~	146504
~~care contract other than the most favored nation clause during the~~	146505
~~two-year period specified in this section or during any extended~~	146506
~~period of time as provided in Section 6 of Sub. H.B. 125 of the~~	146507
~~127th General Assembly~~. This section applies to such contract if	146508
that contract is amended, or to any extension or renewal of that	146509
contract.	146510

Section 630.11. That existing Section 5 of Sub. H.B. 125 of	146511
the 127th General Assembly, as most recently amended by Sub. H.B.	146512
198 of the 128th General Assembly, is hereby repealed.	146513

Section 630.12. That Section 5 of Sub. H.B. 2 of the 127th	146514
General Assembly is hereby repealed.	146515

Section 640.10. That Section 6 of Am. Sub. S.B. 124 of the	146516
128th General Assembly be amended to read as follows:	146517

Sec. 6. A prosecuting attorney or treasurer of a county with	146518
a population greater than eight hundred thousand but less than	146519
nine hundred thousand may determine that the amount of money	146520
appropriated to the respective office from the county Delinquent	146521
Tax and Assessment Collection Fund under division (A) of section	146522
321.261 of the Revised Code exceeds the amount required to be used	146523
by that office as prescribed by division (A)(1) of that section.	146524
If a prosecuting attorney or treasurer of a county with that	146525
population makes such a determination, the prosecuting attorney or	146526
treasurer may expend up to fifty per cent of the excess so	146527
determined to pay the expenses of operating the respective office	146528
that otherwise would be payable from appropriations from the	146529
county general fund, notwithstanding section 321.261 of the	146530
Revised Code.	146531

This section expires December 31, ~~2011~~2012.

146532

Section 640.11. That existing Section 6 of Am. Sub. S.B. 124	146533
of the 128th General Assembly is hereby repealed.	146534

Section 690.10. That Section 153 of Am. Sub. H.B. 117 of the	146535
121st General Assembly, as most recently amended by Am. Sub. H.B.	146536
1 of the 128th General Assembly, be amended to read as follows:	146537

Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04, 5112.05,	146538
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18,	146539
5112.19, 5112.21, and 5112.99 of the Revised Code are hereby	146540
repealed, effective October 16, ~~2011~~2013.	146541

(B) Any money remaining in the Legislative Budget Services	146542
Fund on October 16, ~~2011~~2013, the date that section 5112.19 of	146543
the Revised Code is repealed by division (A) of this section,	146544
shall be used solely for the purposes stated in then former	146545
section 5112.19 of the Revised Code. When all money in the	146546
Legislative Budget Services Fund has been spent after then former	146547
section 5112.19 of the Revised Code is repealed under division (A)	146548
of this section, the fund shall cease to exist.	146549

Section 690.11. That existing Section 153 of Am. Sub. H.B.	146550
117 of the 121st General Assembly, as most recently amended by Am.	146551
Sub. H.B. 1 of the 128th General Assembly, is hereby repealed.	146552

Section 701.10. The Department of Administrative Services	146553
shall post on the Department's Internet web site the form for the	146554
contract documents that a public authority contracting for	146555
services with a construction manager at risk or a design-build	146556
firm must use on and after the date of the posting and until the	146557
rules adopted under section 153.503 of the Revised Code are	146558
implemented.	146559

Section 701.13. (A) The Director of Administrative Services	146560
shall adopt rules in accordance with Chapter 119. of the Revised	146561
Code to establish guidelines for the provision of surety bonds by	146562
construction managers at risk, as required under section 9.333 of	146563
the Revised Code, and design-build firms, as required under	146564
section 153.70 of the Revised Code.	146565

(B) Except as provided in division (C) of this section, the	146566
amendment or enactment of sections 9.33, 9.331, 9.332, 9.333,	146567
9.334, 9.335, 123.011, 126.141, 153.01, 153.03, 153.07, 153.08,	146568
153.50, 153.501, 153.502, 153.503, 153.51, 153.52, 153.53, 153.54,	146569
153.55, 153.56, 153.581, 153.65, 153.66, 153.67, 153.69, 153.692,	146570
153.693, 153.694, 153.70, 153.71, 153.72, 153.73, 153.80, 3313.46,	146571
3353.04, 3354.16, 3357.16, 4113.61, 5540.03, and 6115.20 of the	146572
Revised Code and Section 701.10 of this act modifying the laws	146573
governing the permissible methods of construction delivery for the	146574
construction of public improvements shall apply only to public	146575
improvement projects commencing on or after the date the rules	146576
adopted under division (A) of this section become effective.	146577

(C) The provisions of the sections listed in division (B) of	146578
this section that are amended or enacted by this act that apply	146579
the provisions of section 7.16 of the Revised Code, as enacted by	146580
this act, are not subject to the delayed application provisions of	146581
that division.	146582

Section 701.20. Not later than July 1, 2012, the Department	146583
of Administrative Services shall submit a report to the General	146584
Assembly, in accordance with section 101.68 of the Revised Code,	146585
on the feasibility of all of the following regarding health care	146586
plans to cover persons employed by political subdivisions, public	146587
school districts, as defined in section 9.901 of the Revised Code,	146588
and state institutions of higher education, as defined in section	146589
3345.011 of the Revised Code:	146590

(A) Designing multiple health care plans that achieve an	146591
optimal combination of coverage, cost, choice, and stability,	146592
which plans include both state and regional preferred provider	146593
plans, set employee and employer premiums, and set employee plan	146594
copayments, deductibles, exclusions, limitations, formularies, and	146595
other responsibilities;	146596

(B) Maintaining reserves, reinsurance, and other measures to	146597
insure the long-term stability and solvency of the health care	146598
plans;	146599

(C) Providing appropriate health care information, wellness	146600
programs, and other preventive health care measures to health care	146601
plan beneficiaries;	146602

(D) Coordinating contracts for services related to the health	146603
care plans;	146604

(E) Voluntary and mandatory participation by political	146605
subdivisions, public school districts, and institutions of higher	146606
education;	146607

(F) The potential impacts of any changes to the existing	146608
purchasing structure on existing health care pooling and	146609
consortiums;	146610

(G) Removing barriers to competition and access to health	146611
care pooling.	146612

No action shall be taken regarding health care coverage for	146613
employees of political subdivisions, public school districts, and	146614
state institutions of higher education without the enactment of	146615
law by the General Assembly.	146616

Section 701.30. EXEMPT EMPLOYEE CONSENT TO CERTAIN DUTIES

146617

As used in this section, "appointing authority" has the same	146618
meaning as in section 124.01 of the Revised Code, and "exempt	146619
employee" has the same meaning as in section 124.152 of the	146620
Revised Code.	146621

Notwithstanding section 124.181 of the Revised Code, in cases	146622
where no vacancy exists, an appointing authority may, with the	146623
written consent of an exempt employee, assign duties of a higher	146624
classification to that exempt employee for a period of time not to	146625
exceed two years, and that exempt employee shall receive	146626
compensation at a rate commensurate with the duties of the higher	146627
classification.	146628

Section 701.40. (A)There is hereby created the Ohio Housing	146629
Study Committee with the purpose of formulating a comprehensive	146630
review of the policies and results of the Ohio Housing Finance	146631
Agency, its programs and its working relationships to ensure that	146632
all Agency programs are evaluated by an objective process to	146633
ensure all Ohioans receive optimal and measurable benefits	146634
afforded to them through the authority of the Agency.	146635

(B) The Committee shall do all of the following:

146636

(1) Perform a comprehensive review of Chapter 175. of the	146637
Revised Code to determine the relevance of the chapter and	146638
determine whether it should be formally reviewed or amended by the	146639
General Assembly, up to and including appropriate legislative	146640
oversight and accountability;	146641

(2) Review the Agency's relationships to ensure an equitable	146642
and level playing field regarding its single- and multi-family	146643
housing programs;	146644

(3) Review the Agency's policy leadership and the measurable	146645
economic impact and other effects of its programs;	146646

(4) Review the Agency's Qualified Allocation Plan development	146647
process and underlying policies to understand whether objective	146648
and measurable results are achieved to fulfill clearly articulated	146649
public policy goals;	146650

(5) Create a quantitative report measuring the economic	146651
benefits of the Agency's single- and multi-family programming over	146652
the last ten years;	146653

(6) Evaluate the possible efficiencies of combining existing	146654
Ohio Department of Development housing-related programming with	146655
those of the Agency.	146656

The Chairperson of the Committee may include other relevant	146657
areas of study as necessary.	146658

(C) The Committee shall commence on the effective date of	146659
this act and shall provide a report expressing its findings and	146660
financial, policy, or legislative recommendations to the Governor,	146661
the Speaker of the House of Representatives, and the President of	146662
the Senate on or before March 31, 2012.	146663

(D) The Committee shall be comprised of the Auditor of State,	146664
or the Auditor's designee, the Director of Commerce, or the	146665
Director's designee, the Director of Development, or the	146666
Director's designee, and four members of the General Assembly. Two	146667
members shall be appointed by the Speaker of the House of	146668
Representatives and two members shall be appointed by the	146669
President of the Senate.	146670

The Governor, Speaker of the House of Representatives, and	146671
the President of the Senate shall determine the chairperson of the	146672
Committee.	146673

(E) The Committee shall meet on a reasonable basis at the	146674
discretion of the chairperson.	146675

(F) All reasonable expenses incurred by the Committee in	146676
carrying out its responsibilities shall be paid by Ohio Housing	146677
Finance Agency funds. In addition to reasonable expenses, the	146678
Committee shall have the discretion to allocate Agency funds to	146679
contract with the Auditor of State for services rendered in	146680
relation to the Committee carrying out its responsibilities,	146681
including financial- and performance-based audits and other	146682
services. The Auditor of State may contract with an independent	146683
auditor.	146684

The Committee may also contract with other independent	146685
entities for services rendered in relation to the Committee	146686
carrying out its responsibilities. Expenditures to pay for the	146687
services of the Auditor of State, independent auditor, or other	146688
services shall not exceed two hundred thousand dollars.	146689

No entity contracting with the Committee for services	146690
rendered shall have a financial or vested interest in the Ohio	146691
Housing Finance Agency, its affiliates, or its nonprofit partners.	146692

Section 701.50. (A) Except as otherwise provided in section	146693
154.24 or 154.25 of the Revised Code, as enacted by this act, with	146694
respect to the functions of the Ohio Public Facilities Commission,	146695
the Treasurer of State shall, on the effective date of this	146696
section and as provided for in this section, supersede and replace	146697
the Ohio Building Authority (referred to in this section as the	146698
"Authority") as the issuing authority in all matters relating to	146699
the issuance of obligations for the financing of capital	146700
facilities for housing branches and agencies of state government	146701
as provided for in section 154.24 of the Revised Code or for	146702
community or technical colleges as provided for in section 154.25	146703
of the Revised Code (together referred to in this section as	146704
"facilities for capital purposes"), as enacted by this act (all	146705
referred to in this section as "superseded matters").	146706

(B)(1) With respect to superseded matters and facilities for	146707
capital purposes, the Treasurer of State shall:	146708

(a) Succeed to and have and perform all of the duties,	146709
powers, obligations, and functions of the Authority and its	146710
members and officers provided for by law or rule relating to the	146711
issuance of bonds, notes, or other obligations for the purpose of	146712
paying costs of facilities for capital purposes;	146713

(b) Succeed to and have and perform all of the duties,	146714
powers, obligations, and functions, and have all of the rights of,	146715
the Authority and its members and officers provided for in or	146716
pursuant to resolutions, rules, agreements, trust agreements, and	146717
supplemental trust agreements (all referred to collectively in	146718
this section as "basic instruments"), and bonds, notes, and other	146719
obligations (all referred to collectively in this section as	146720
"financing obligations"), previously authorized, entered into, or	146721
issued by the Authority for facilities for capital purposes, which	146722
financing obligations shall be, or shall be deemed to be,	146723
obligations issued by and of the Treasurer of State; and	146724

(c) Be bound by all agreements and covenants of the	146725
Authority, and basic instruments, relating to financing	146726
obligations.	146727

(2) The transfer of superseded matters to the Treasurer of	146728
State pursuant to this section does not affect the validity of any	146729
agreement or covenant, basic instrument, or financing obligation,	146730
or any related document, authorized, entered into, or issued by	146731
the Authority under Chapter 152. of the Revised Code or other	146732
laws, and nothing in this section shall be applied or considered	146733
as impairing the obligations or rights under them.	146734

(3) The Treasurer of State shall not issue any additional	146735
financing obligations pursuant to any basic instrument of the	146736
Authority, including financing obligations to refund financing	146737
obligations previously issued by the Authority.	146738

(C) With respect to proceedings relating to superseded	146739
matters affected by this section:	146740

(1) This section applies to any proceedings that are	146741
commenced after the effective date of this section, and to any	146742
proceedings that are pending, in progress, or completed on that	146743
date, notwithstanding the applicable law previously in effect or	146744
any provision to the contrary in a prior basic instrument, notice,	146745
or other proceeding.	146746

(2) Any proceedings of the Authority that are pending on the	146747
effective date of this section shall be pursued and completed by	146748
and in the name of the Treasurer of State, and any financing	146749
obligations that are sold, issued, and delivered pursuant to those	146750
proceedings shall be deemed to have been authorized, sold, issued,	146751
and delivered in conformity with this section.	146752

(3) Notwithstanding divisions (C)(1) and (2) of this section,	146753
the Authority may, subsequent to the effective date of this	146754
section, meet for the purpose of better accomplishing the transfer	146755
of superseded matters. At any such meeting the Authority may take	146756
necessary or appropriate actions to effect an orderly transition	146757
relating to the issuance of financing obligations, such that all	146758
duties, powers, obligations, and functions of the Authority and	146759
its members and officers with respect to the superseded matters or	146760
under any leases and agreements between the Authority and a state	146761
agency for facilities for capital purposes shall terminate and be	146762
of no further force and effect as to the Authority.	146763

(D) Notwithstanding any other provision of this section, this	146764
section shall not apply to the Authority's interests in or	146765
responsibilities for the operation and maintenance, or any lease	146766
or agreement relating to the operation and maintenance of, the	146767
James A. Rhodes State Office Tower (30 East Broad Street,	146768
Columbus), the Vern Riffe Center for Government and the Arts (77	146769
South High Street, Columbus), the Frank J. Lausche State Office	146770
Building (615 West Superior Avenue, Cleveland), the Michael V.	146771
DiSalle Government Center (One Government Center, Toledo), the	146772
Oliver R. Ocasek Government Office Building (161 South High	146773
Street, Akron), and the State of Ohio Computer Center (1320 Arthur	146774
E. Adams Drive, Columbus).	146775

(E) The Authority and the Treasurer of State shall prepare	146776
any necessary amendments of or supplements to documents or basic	146777
instruments pertaining to the duties, powers, obligations,	146778
functions, and rights relating to superseded matters to which the	146779
Treasurer of State succeeds pursuant to this section. The	146780
authorization by the Authority in its basic instruments relating	146781
to superseded matters for its officers to act in any manner on	146782
behalf of the Authority shall, on and after the effective date of	146783
this section, be authorization for the Treasurer of State, or the	146784
Treasurer of State's staff or employees to whom the Treasurer of	146785
State may delegate the function, to act in the circumstances,	146786
without necessity for amendment of or supplement to any such	146787
documents or basic instruments.	146788

(F) No pending judicial or administrative action or	146789
proceeding in which the Authority, or its members or officers as	146790
such, are a party that pertains to superseded matters shall be	146791
affected by their transfer, but shall be prosecuted or defended in	146792
the name of the Treasurer of State and in any such action or	146793
proceeding the Treasurer of State, upon application to the court,	146794
shall be substituted as a party.	146795

(G) In connection with the duties, powers, obligations,	146796
functions, and rights relating to superseded matters and provided	146797
for in this section, on the effective date of this section:	146798

(1) Copies of all basic instruments, documents, books,	146799
papers, and records of the Authority shall be transferred to the	146800
Treasurer of State upon request, without necessity for assignment,	146801
conveyance, or other action by the Authority.	146802

(2) All appropriations previously made to or for the	146803
Authority for the purposes of the performance of the duties,	146804
powers, obligations, functions, and exercise of rights relating to	146805
superseded matters, to the extent of remaining unexpended or	146806
unencumbered balances, are hereby transferred to and made	146807
available for use and expenditure by the Treasurer of State for	146808
performing the same duties, powers, obligations, and functions and	146809
exercising the same rights for which originally appropriated, and	146810
payments for administrative expenses previously incurred in	146811
connection with them shall be made from the applicable	146812
administrative service fund on vouchers approved by the Treasurer	146813
of State.	146814

(3) All leases and agreements between the Authority and a	146815
state agency for facilities for capital purposes made under	146816
Chapter 152. of the Revised Code shall, and shall be considered	146817
to, continue to bind that state agency. Nothing in this act shall	146818
be considered as impairing the obligations of any state agency	146819
under those leases and agreements.	146820

(4) Any lease, grant, or conveyance made to the Authority	146821
pursuant to section 152.06 of the Revised Code shall be, and shall	146822
be deemed to be, made to the Ohio Public Facilities Commission	146823
pursuant to section 154.16 of the Revised Code, and the Ohio	146824
Public Facilities Commission shall succeed to and have and perform	146825
all of the duties, powers, obligations, and functions, and have	146826
all of the rights, of the Authority and its members and officers	146827
provided for in or pursuant to that lease, grant, or conveyance.	146828

(H) Whenever the Authority, or any of its members or	146829
officers, is referred to in any contract or other document	146830
relating to those outstanding financing obligations, the reference	146831
shall be considered to be, as applicable, to the Ohio Public	146832
Facilities Commission or its appropriate officers or to the	146833
Treasurer of State or the appropriate staff of the Treasurer of	146834
State.	146835

Section 701.60. Within thirty days after the effective date	146836
of this section, the Department of Administrative Services shall	146837
begin developing recommendations for a state government	146838
reorganization plan focused on increased efficiencies in the	146839
operation of state government and a reduced number of state	146840
agencies. The Department shall present its recommendations to the	146841
Speaker of the House of Representatives, the President of the	146842
Senate, the Minority Leader of the House of Representatives, and	146843
the Minority Leader of the Senate not later than June 30, 2013.	146844

Section 701.63. Notwithstanding sections 124.14, 124.141,	146845
and 124.15 of the Revised Code, until January 1, 2014, the	146846
Director of Administrative Services may implement the provisions	146847
of sections 124.14, 124.141, and 124.15 of the Revised Code that	146848
otherwise would require the adoption of rules without adopting	146849
rules.	146850

Section 715.10. (A) The Ohio Soil and Water Conservation	146851
Commission that is created in section 1515.02 of the Revised Code	146852
shall establish a Conservation Program Delivery Task Force to	146853
provide recommendations to the Director of Natural Resources	146854
regarding how soil and water conservation districts established	146855
under section 1515.03 of the Revised Code may advance effective	146856
and efficient operations while continuing to provide local program	146857
leadership. The Task Force shall examine methods for improving	146858
services and removing impediments to organizational management and	146859
explore opportunities for sharing services across all levels of	146860
government.	146861

(B) The chairperson of the Commission in consultation with	146862
the Director shall appoint no more than nine members to the Task	146863
Force. The Task Force shall include members of the boards of	146864
supervisors of soil and water conservation districts and other	146865
individuals who represent diverse geographic areas of the state	146866
and may include members from the Ohio Federation of Soil and Water	146867
Conservation Districts, the Natural Resources Conservation Service	146868
in the United States Department of Agriculture, the County	146869
Commissioners' Association of Ohio, the Ohio Municipal League, and	146870
the Ohio Township Association. The Task Force may consult with	146871
those organizations and agencies.	146872

(C) The chairperson of the Commission or another member of	146873
the Commission who is designated by the chairperson shall serve as	146874
chairperson of the Task Force.	146875

(D) Members appointed to the Task Force shall serve without	146876
compensation and shall not be reimbursed for expenses. The	146877
Division of Soil and Water Resources shall provide technical and	146878
administrative support as needed by the Task Force.	146879

(E) The Task Force shall hold its first meeting no later than	146880
September 1, 2011, and shall submit a final report of	146881
recommendations to the Director and the Commission no later than	146882
December 31, 2011. Upon submission of the final report, the Task	146883
Force shall cease to exist.	146884

Section 733.10. (A) The Department of Education shall	146885
conduct and publicize a second Educational Choice Scholarship	146886
application period for the 2011-2012 school year to award for that	146887
year scholarships newly authorized by sections 3310.02 and 3310.03	146888
of the Revised Code, as amended by this act. The second	146889
application period shall commence on the effective date of this	146890
section and shall end at the close of business on the first	146891
business day that is at least forty-five days after the effective	146892
date of this section.	146893

(B) Not later than ten days after the effective date of this	146894
section, the Department shall do both of the following:	146895

(1) Mail, to each person who applied for a scholarship during	146896
the first application period for the 2011-2012 school year but did	146897
not receive a scholarship, a notice announcing the second	146898
application period, the opportunity to re-apply, and the	146899
application deadline;	146900

(2) Post prominently on its web site a list of school	146901
district-operated buildings that meet both of the following	146902
criteria:	146903

(a) For at least two of the three school years from 2007-2008	146904
through 2009-2010, ranked in the lowest ten per cent of school	146905
district buildings according to performance index score reported	146906
under section 3302.03 of the Revised Code;	146907

(b) Were not declared to be excellent or effective under that	146908
section for the 2009-2010 school year.	146909

Notwithstanding division (B)(1)(a) of section 3310.03 of the	146910
Revised Code, eligibility for scholarships for the 2011-2012	146911
school year under division (B) of section 3310.03 of the Revised	146912
Code shall be based on a school building's performance index score	146913
rank among all other school district buildings for the requisite	146914
school years, as described in division (B)(2)(a) of this section,	146915
and shall not be based on a building's performance index score	146916
rank among all public school buildings for the requisite school	146917
years, as otherwise required under division (B)(1)(a) of section	146918
3310.03 of the Revised Code.	146919

(C) The Department shall award scholarships for the 2011-2012	146920
school year from applications submitted during the second	146921
application period according to the order of priority listed in	146922
division (B) of section 3310.02 of the Revised Code, as amended by	146923
this act. The Department shall base its award determinations on	146924
the applicant students' status during the 2010-2011 school year.	146925

(D) Notwithstanding any provision of sections 3310.01 to	146926
3310.17 of the Revised Code, any rule of the State Board of	146927
Education, or any policy of the Department to the contrary, the	146928
Department shall not deny a scholarship to a student for whom an	146929
application is submitted during the second application period	146930
solely because the student already has been admitted to a	146931
chartered nonpublic school for the 2011-2012 school year, if both	146932
of the following apply:	146933

(1) A timely application was submitted on the student's	146934
behalf during the first application period for the 2011-2012	146935
school year and the student was denied a scholarship solely	146936
because the number of applications exceeded the number of	146937
available scholarships.	146938

(2) The student either:

146939

(a) Was enrolled, through the final day of scheduled classes	146940
for the 2010-2011 school year, in the district school or community	146941
school indicated on the student's first application for the	146942
2011-2012 school year;	146943

(b) Is eligible to enroll in kindergarten for the 2011-2012	146944
school year and was not enrolled in kindergarten in a nonpublic	146945
school in the 2010-2011 school year.	146946

(E)(1) For purposes of determining eligibility under division	146947
(B) of section 3310.03 of the Revised Code for scholarships	146948
awarded for the 2012-2013 school year, the Department shall post	146949
prominently on its web site a list of school district buildings	146950
that meet both of the following criteria:	146951

(a) For at least two of the three school years from 2008-2009	146952
through 2010-2011, ranked in the lowest ten per cent of public	146953
school buildings according to performance index score;	146954

(b) Were not declared to be excellent or effective under	146955
section 3302.03 of the Revised Code for the 2010-2011 school year.	146956

(2) For purposes of determining eligibility under division	146957
(B) of section 3310.03 of the Revised Code for scholarships	146958
awarded for the 2013-2014 school year, the Department shall post	146959
prominently on its web site a list of school district buildings	146960
that meet both of the following criteria:	146961

(a) For at least two of the three school years from 2009-2010	146962
through 2011-2012, ranked in the lowest ten per cent of public	146963
school buildings according to performance index score;	146964

(b) Were not declared to be excellent or effective under	146965
section 3302.03 of the Revised Code for the 2011-2012 school year.	146966

(3) For purposes of determining eligibility under division	146967
(B) of section 3310.03 of the Revised Code for scholarships	146968
awarded for the 2014-2015 school year, the Department shall post	146969
prominently on its web site a list of school district buildings	146970
that meet both of the following criteria:	146971

(a) For at least two of the three school years from 2010-2011	146972
through 2012-2013, ranked in the lowest ten per cent of public	146973
school buildings according to performance index score;	146974

(b) Were not declared to be excellent or effective under	146975
section 3302.03 of the Revised Code for the 2012-2013 school year.	146976

(F) As used in this section, "enrolled" has the same meaning	146977
as in division (E) of section 3317.03 of the Revised Code.	146978

Section 733.20. (A)(1) Notwithstanding section 3305.03 of the	146979
Revised Code or any other provision of Chapter 3305. of the	146980
Revised Code, an alternative retirement plan established by a	146981
public institution of higher education prior to July 1, 2000, that	146982
is a qualified trust under section 401(a) of the Internal Revenue	146983
Code is hereby designated a provider for purposes of Chapter 3305.	146984
of the Revised Code.	146985

(2) Other than the contributions required under division (D)	146986
of section 3305.06 of the Revised Code and interest on those	146987
contributions at a rate determined by the State Teachers	146988
Retirement Board, a public institution of higher education is not	146989
required to pay any contributions or interest due the State	146990
Teachers Retirement System for an employee who prior to July 1,	146991
2000, made an election to participate in an alternative retirement	146992
plan designated under this section, from the date of the election	146993
as long as participation by the employee continues.	146994

(B) Notwithstanding division (C) of section 3305.05 of the	146995
Revised Code, a public institution of higher education that failed	146996
to timely file with the State Teachers Retirement System a copy of	146997
an election of an employee described in division (A)(2) of this	146998
section may file the election not later than ninety days after the	146999
effective date of this section. The system shall accept the filing	147000
as though made in compliance with section 3305.05 of the Revised	147001
Code.	147002

Section 733.30. Notwithstanding the dates prescribed by	147003
division (D) of section 3311.054 of the Revised Code, not later	147004
than July 1, 2012, the governing board of an educational service	147005
center established under that section shall redistrict the	147006
educational service center's territory into a number of	147007
subdistricts equal to the number of board members designated under	147008
division (B)(1) of that section, based on the results of the 2010	147009
decennial census. At the regular municipal election held in	147010
November 2013, all elected governing board members shall again be	147011
elected from the subdistricts created under this section.	147012

If a governing board fails to redistrict the territory of its	147013
educational service center in accordance with this section, the	147014
superintendent of public instruction shall redistrict the service	147015
center not later than August 1, 2012.	147016

Section 733.40. The amendment by this act of section 133.06	147017
of the Revised Code applies to any proceedings commenced after the	147018
effective date of that section and, so far as the provisions of	147019
that section support the actions taken, also apply to any	147020
proceedings that on the effective date of that section are	147021
pending, in progress, or completed, and to any elections	147022
authorized, conducted, or certified and securities authorized or	147023
issued pursuant to those proceedings, notwithstanding any law,	147024
resolution, ordinance, order, advertisement, notice, or other	147025
proceeding in effect before that effective date. Any proceedings	147026
pending or in progress on, or completed by, that effective date,	147027
elections authorized, conducted, or certified, and securities	147028
sold, issued, and delivered, or validated, pursuant to those	147029
proceedings, are ratified with respect to, and shall be deemed to	147030
have been taken, authorized, conducted, certified, sold, issued,	147031
delivered, or validated in conformity with section 133.06 of the	147032
Revised Code so far as the provisions of that section support the	147033
actions taken. To the extent those proceedings are proper in all	147034
other respects, if the proceedings are filed with a board of	147035
elections in anticipation of the taking effect of the amendment of	147036
section 133.06 of the Revised Code and in a manner that would be	147037
valid if the amendment took effect on the date it became law, then	147038
that board of elections, so long as it received a confirmation	147039
stating an intention to proceed from or on behalf of the board of	147040
education within five business days after the effective date of	147041
the amendment shall accept the proceedings and take any actions or	147042
make any arrangements necessary for the submission of a question	147043
to the electors or otherwise required by the Revised Code.	147044

Section 737.15. On the effective date of this section, the	147045
Public Health Council shall rescind all rules adopted under	147046
section 3733.22 of the Revised Code as that section existed prior	147047
to its repeal by this act.	147048

Section 737.30. The authority provided in section 737.022 of	147049
the Revised Code as amended by this act is in addition and	147050
supplemental to provisions for the subject matter that may also be	147051
the subject of other laws, and is supplemental to and not in	147052
derogation of any similar authority provided by, derived from, or	147053
implied by, the Constitution of the state of Ohio or any other	147054
laws, including the law amended by this act, or any charter,	147055
order, resolution, or ordinance, and no inference shall be drawn	147056
to negate the authority thereunder by reason of express provisions	147057
contained in section 737.022 of the Revised Code.	147058

Section 747.40. (A) For members of the Residential	147059
Construction Advisory Committee serving terms beginning on July 1,	147060
2011, such members' terms shall expire as follows:	147061

(1) The terms of the members described in divisions (A)(3),	147062
(A)(6), and one of the members described in division (A)(1) of	147063
section 4740.14 of the Revised Code as amended by this act shall	147064
expire on June 30, 2012.	147065

(2) The terms of the member described in division (A)(4), one	147066
of the members described in division (A)(1), and one of the	147067
members described in division (A)(2) of section 4740.14 of the	147068
Revised Code as amended by this act shall expire on June 30, 2013.	147069

(3) The terms of the member described in division (A)(5), one	147070
of the members described in division (A)(1), and one of the	147071
members described in division (A)(2) of section 4740.14 of the	147072
Revised Code as amended by this act shall expire on June 30, 2014.	147073

(B) The Director of Commerce shall determine which of the	147074
members appointed pursuant to division (A)(1) of section 4740.14	147075
of the Revised Code as amended by this act will serve the term	147076
described in division (A)(1), which member will serve the term	147077
described in division (A)(2), and which member will serve the term	147078
described in division (A)(3) of this section, and shall determine	147079
which of the members appointed pursuant to division (A)(2) of	147080
section 4740.14 of the Revised Code as amended by this act will	147081
serve the term described in division (A)(2) and which member will	147082
serve the term described in division (A)(3) of this section.	147083

(C) Upon the expiration of the terms described in division	147084
(A) of this section, all successive terms shall last for the	147085
period described in division (B) of section 4740.14 of the Revised	147086
Code as amended by this act.	147087

Section 749.10. The Public Utilities Commission shall, on or	147088
before December 31, 2011, determine appropriate methods under	147089
which to ensure that the reduction in public utility assessments	147090
paid under section 4911.18 of the Revised Code for the Office of	147091
the Ohio Consumers' Counsel for fiscal year 2012 and fiscal year	147092
2013 is distributed to the benefit of Ohio customers of those	147093
public utilities. The Commission shall implement its distribution	147094
methodology in a timely manner.	147095

Section 753.10. (A) As used in this section, "contractor"	147096
and "facility" have the same meanings as in section 9.06 of the	147097
Revised Code, as amended by Sections 101.01 and 101.02 of this	147098
act.	147099

(B)(1) The Director of Administrative Services and the	147100
Director of Rehabilitation and Correction are hereby authorized to	147101
award one or more contracts through requests for proposals for the	147102
operation and management by a contractor of one or more of the	147103
facilities described in divisions (C) to (G) of this section,	147104
pursuant to section 9.06 of the Revised Code, and for the transfer	147105
of the state's right, title, and interest in the real property on	147106
which the facility is situated and any surrounding land as	147107
described in those divisions.	147108

(2) If the Director of Administrative Services and the	147109
Director of Rehabilitation and Correction award a contract of the	147110
type described in division (B)(1) of this section to a contractor	147111
regarding a facility described in division (C), (D), (E), (F), or	147112
(G) of this section, in addition to the requirements, statements,	147113
and authorizations that must be included in the contract pursuant	147114
to division (B) of section 9.06 of the Revised Code, the contract	147115
shall include all of the following regarding the facility that is	147116
the subject of the contract:	147117

(a) An agreement for the sale to the contractor of the	147118
state's right, title, and interest in the facility, the land	147119
situated thereon, and specified surrounding land;	147120

(b) A requirement that the contractor provide preferential	147121
hiring treatment to employees of the Department of Rehabilitation	147122
and Correction in order to retain staff displaced as a result of	147123
the transition of the operation and management of the facility and	147124
to meet the administrative, programmatic, maintenance, and	147125
security needs of the facility;	147126

(c) Notwithstanding any provision of the Revised Code,	147127
authorization for the transfer to the contractor of any supplies,	147128
equipment, furnishings, fixtures, or other assets considered	147129
necessary by the Director of Rehabilitation and Correction and the	147130
Director of Administrative Services for the continued operation	147131
and management of the facility;	147132

(d) A binding commitment that irrevocably grants to the state	147133
a right, upon the occurrence of any triggering event described in	147134
division (B)(2)(d)(i) or (ii) of this section and in accordance	147135
with the particular division, to repurchase the facility and the	147136
real property on which it is situated, any surrounding land that	147137
is to be transferred under the contract, or both the facility and	147138
real property on which it is situated plus the surrounding land	147139
that is to be transferred under the contract. The triggering	147140
events and the procedures for a repurchase under the irrevocable	147141
grant described in this division are as follows:	147142

(i) Before the contractor, or the contractor's successor in	147143
title, may resell or otherwise transfer the facility and the real	147144
property on which it is situated, any surrounding land that is to	147145
be transferred under the contract, or both the facility and real	147146
property on which it is situated plus the surrounding land that is	147147
to be transferred under the contract, the contractor or successor	147148
first must offer the state the opportunity to repurchase the	147149
facility, real property, and surrounding land that is to be resold	147150
or transferred for a price not greater than the purchase price	147151
paid to the state for that facility, real property, or surrounding	147152
land, less depreciation from the time of the conveyance of that	147153
facility, real property, or surrounding land to the contractor,	147154
plus the depreciated value of any capital improvements to that	147155
facility, real property, or surrounding land that were made to it	147156
and funded by anyone other than the state subsequent to the	147157
conveyance to the contractor. The repurchase opportunity described	147158
in this division must be offered to the state at least one hundred	147159
twenty days before the contractor intends to resell or otherwise	147160
transfer the facility, real property, or surrounding land that is	147161
to be resold or transferred. After being offered the repurchase	147162
opportunity, the state has the right to repurchase the facility,	147163
real property, and surrounding land that is to be resold or	147164
otherwise transferred for the price described in this division.	147165

(ii) Upon the contractor's default of any financial agreement	147166
for the purchase of the facility and the real property on which it	147167
is situated, any surrounding land that is to be transferred under	147168
the contract, or both the facility and real property on which it	147169
is situated plus the surrounding land that is to be transferred	147170
under the contract, upon the contractor's default of any other	147171
term in the contract, or upon the contractor's financial	147172
insolvency or inability to meet its contractual obligations, the	147173
state has the right to repurchase the facility and real property,	147174
the surrounding land, or both the facility and real property and	147175
the surrounding land, for a price not greater than the purchase	147176
price paid to the state for that facility, real property, or	147177
surrounding land, less depreciation from the time of the	147178
conveyance of that facility, real property, or surrounding land to	147179
the contractor, plus the depreciated value of any capital	147180
improvements to that facility, real property, or surrounding land	147181
that were made to it and funded by anyone other than the state	147182
subsequent to the conveyance to the contractor.	147183

(e) A requirement that if the operation and management	147184
portion of the contract is terminated the contractor's operation	147185
and management responsibilities be transferred to another	147186
contractor under the same terms and conditions and applied to the	147187
original contractor or to the Department of Rehabilitation and	147188
Correction and authorization for the Department or new contractor,	147189
whichever is applicable, to enter into an agreement with the	147190
terminated contractor to purchase the terminated contractor's	147191
equipment, supplies, furnishings, and consumables.	147192

(3)(a) If the Director of Administrative Services and the	147193
Director of Rehabilitation and Correction award a contract of the	147194
type described in division (B)(1) of this section to a contractor	147195
regarding a facility described in division (C), (D), (E), (F), or	147196
(G) of this section, notwithstanding any provision of the Revised	147197
Code and subject to division (B)(3)(b) of this section, the state	147198
may transfer to the contractor in accordance with the contract any	147199
supplies, equipment, furnishings, fixtures, or other assets	147200
considered necessary by the Director of Rehabilitation and	147201
Correction and the Director of Administrative Services for the	147202
continued operation and management of the facility. For purposes	147203
of this paragraph and the transfer authorized under this	147204
paragraph, any such supplies, equipment, furnishings, fixtures, or	147205
other assets shall not be considered supplies, excess supplies, or	147206
surplus supplies as defined in section 125.12 of the Revised Code	147207
and may be disposed of as part of the transfer of the facility to	147208
the contractor.	147209

(b) If the Director of Administrative Services and the	147210
Director of Rehabilitation and Correction award a contract of the	147211
type described in division (B)(1) of this section to a contractor	147212
regarding the facility described in division (D) of this section,	147213
the Director of Rehabilitation and Correction may transfer to	147214
another state correctional institution to be determined by the	147215
Director of Rehabilitation and Correction the Braille printing	147216
press and related accessories located at the facility described in	147217
division (D) of this section and all programs associated with the	147218
Braille printing press.	147219

(4) Nothing in divisions (B)(1) to (3) or divisions (C) to	147220
(G) of this section restricts the department of rehabilitation and	147221
correction from contracting for only the private operation and	147222
management of any of the facilities described in divisions (C) to	147223
(G) of this section.	147224

(C)(1) As used in division (C) of this section, "grantee"	147225
means an entity that has contracted under section 9.06 of the	147226
Revised Code to privately operate the Lake Erie Correctional	147227
Facility, if the contract includes the clauses described in	147228
division (B)(2) of this section for the purchase of that Facility.	147229

(2) The Governor is authorized to execute a deed in the name	147230
of the state conveying to the grantee, its successors and assigns,	147231
all of the right, title, and interest of the state in the Lake	147232
Erie Correctional Facility, in the City of Conneaut, County of	147233
Ashtabula, State of Ohio, the land situated thereon, and any	147234
surrounding land, which totals approximately 119 acres.	147235

In preparing the deed, the Auditor of State, with the	147236
assistance of the Attorney General, shall develop a legal	147237
description of the property in conformity with the actual bounds	147238
of the real estate.	147239

(3) Consideration for conveyance of the real estate shall be	147240
set forth in the contract awarded to the grantee and shall be paid	147241
in accordance with the terms of the contract.	147242

(4)(a) The deed may contain any restriction that the Director	147243
of Administrative Services and the Director of Rehabilitation and	147244
Correction determine is reasonably necessary to protect the	147245
state's interest in neighboring state-owned land.	147246

(b) The deed also shall contain restrictions prohibiting the	147247
grantee from using, developing, or selling the real estate, or the	147248
correctional facility thereon, except in conformance with the	147249
restriction, or if the use, development, or sale will interfere	147250
with the quiet enjoyment of the neighboring state-owned land.	147251

(5) The real estate shall be sold as an entire tract and not	147252
in parcels.	147253

(6) Upon payment of the purchase price as set forth in the	147254
contract awarded to the grantee, the Auditor of State, with the	147255
assistance of the Attorney General, shall prepare a deed to the	147256
real estate. The deed shall state the consideration and	147257
restrictions and shall be executed by the Governor in the name of	147258
the state, countersigned by the Secretary of State, sealed with	147259
the Great Seal of the State, presented in the Office of the	147260
Auditor of State for recording, and delivered to the grantee. The	147261
grantee shall present the deed for recording in the Office of the	147262
Ashtabula County Recorder.	147263

(7) The grantee shall pay all costs associated with the	147264
purchase and conveyance of the real estate, including recordation	147265
costs of the deed.	147266

(8) The proceeds of the conveyance of the real estate shall	147267
be deposited into the state treasury to the credit of the Adult	147268
and Juvenile Correctional Facilities Bond Retirement Fund and	147269
shall be used to redeem or defease bonds in accordance with	147270
section 5120.092 of the Revised Code, and any remaining moneys	147271
after such redemption or defeasance shall be transferred in	147272
accordance with that section to the General Revenue Fund.	147273

(9) Division (C) of this section does not restrict the	147274
Department of Rehabilitation and Correction from contracting, not	147275
for the sale of, but only for the private operation and management	147276
of the Lake Erie Correctional Facility.	147277

(10) Division (C) of this section expires two years after its	147278
effective date.	147279

(D)(1) As used in division (D) of this section, "grantee"	147280
means an entity that has contracted under section 9.06 of the	147281
Revised Code to privately operate the Grafton Correctional	147282
Institution, if the contract includes the clauses described in	147283
division (B)(2) of this section for the purchase of that	147284
Institution.	147285

(2) The Governor is authorized to execute a deed in the name	147286
of the state conveying to the grantee, its successors and assigns,	147287
all of the right, title, and interest of the state in the Grafton	147288
Correctional Institution, in the City of Grafton, County of	147289
Lorain, State of Ohio, the land situated thereon, and any	147290
surrounding land, which totals approximately 148 acres.	147291

In preparing the deed, the Auditor of State, with the	147292
assistance of the Attorney General, shall develop a legal	147293
description of the property in conformity with the actual bounds	147294
of the real estate.	147295

(3) Consideration for conveyance of the real estate shall be	147296
set forth in the contract awarded to the grantee and shall be paid	147297
in accordance with the terms of the contract.	147298

(4)(a) The deed may contain any restriction that the Director	147299
of Administrative Services and the Director of Rehabilitation and	147300
Correction determine is reasonably necessary to protect the	147301
state's interest in neighboring state-owned land.	147302

(b) The deed also shall contain restrictions prohibiting the	147303
grantee from using, developing, or selling the real estate, or the	147304
correctional facility thereon, except in conformance with the	147305
restriction, or if the use, development, or sale will interfere	147306
with the quiet enjoyment of the neighboring state-owned land.	147307

(5) The real estate shall be sold as an entire tract and not	147308
in parcels.	147309

(6) Upon payment of the purchase price as set forth in the	147310
contract awarded to the grantee, the Auditor of State, with the	147311
assistance of the Attorney General, shall prepare a deed to the	147312
real estate. The deed shall state the consideration and	147313
restrictions and shall be executed by the Governor in the name of	147314
the state, countersigned by the Secretary of State, sealed with	147315
the Great Seal of the State, presented in the Office of the	147316
Auditor of State for recording, and delivered to the grantee. The	147317
grantee shall present the deed for recording in the Office of the	147318
Lorain County Recorder.	147319

(7) The grantee shall pay all costs associated with the	147320
purchase and conveyance of the real estate, including recordation	147321
costs of the deed.	147322

(8) The proceeds of the conveyance of the real estate shall	147323
be deposited into the state treasury to the credit of the Adult	147324
and Juvenile Correctional Facilities Bond Retirement Fund and	147325
shall be used to redeem or defease bonds in accordance with	147326
section 5120.092 of the Revised Code, and any remaining moneys	147327
after such redemption or defeasance shall be transferred in	147328
accordance with that section to the General Revenue Fund.	147329

(9) Division (D) of this section does not restrict the	147330
Department of Rehabilitation and Correction from contracting, not	147331
for the sale of, but only for the private operation and management	147332
of the Grafton Correctional Institution.	147333

(10) Division (D) of this section expires two years after its	147334
effective date.	147335

(E)(1) As used in division (E) of this section, "grantee"	147336
means an entity that has contracted under section 9.06 of the	147337
Revised Code to privately operate the North Coast Correctional	147338
Treatment Facility, if the contract includes the clauses described	147339
in division (B)(2) of this section for the purchase of that	147340
Facility.	147341

(2) The Governor is authorized to execute a deed in the name	147342
of the state conveying to the grantee, its successors and assigns,	147343
all of the right, title, and interest of the state in the North	147344
Coast Correctional Treatment Facility, in the City of Grafton,	147345
County of Lorain, State of Ohio, the land situated thereon, and	147346
any surrounding land, which totals approximately 171 acres.	147347

In preparing the deed, the Auditor of State, with the	147348
assistance of the Attorney General, shall develop a legal	147349
description of the property in conformity with the actual bounds	147350
of the real estate.	147351

(3) Consideration for conveyance of the real estate shall be	147352
set forth in the contract awarded to the grantee and shall be paid	147353
in accordance with the terms of the contract.	147354

(4)(a) The deed may contain any restriction that the Director	147355
of Administrative Services and the Director of Rehabilitation and	147356
Correction determine is reasonably necessary to protect the	147357
state's interest in neighboring state-owned land.	147358

(b) The deed also shall contain restrictions prohibiting the	147359
grantee from using, developing, or selling the real estate, or the	147360
correctional facility thereon, except in conformance with the	147361
restriction, or if the use, development, or sale will interfere	147362
with the quiet enjoyment of the neighboring state-owned land.	147363

(5) The real estate shall be sold as an entire tract and not	147364
in parcels.	147365

(6) Upon payment of the purchase price as set forth in the	147366
contract awarded to the grantee, the Auditor of State, with the	147367
assistance of the Attorney General, shall prepare a deed to the	147368
real estate. The deed shall state the consideration and	147369
restrictions and shall be executed by the Governor in the name of	147370
the state, countersigned by the Secretary of State, sealed with	147371
the Great Seal of the State, presented in the Office of the	147372
Auditor of State for recording, and delivered to the grantee. The	147373
grantee shall present the deed for recording in the Office of the	147374
Lorain County Recorder.	147375

(7) The grantee shall pay all costs associated with the	147376
purchase and conveyance of the real estate, including recordation	147377
costs of the deed.	147378

(8) The proceeds of the conveyance of the real estate shall	147379
be deposited into the state treasury to the credit of the Adult	147380
and Juvenile Correctional Facilities Bond Retirement Fund and	147381
shall be used to redeem or defease bonds in accordance with	147382
section 5120.092 of the Revised Code, and any remaining moneys	147383
after such redemption or defeasance shall be transferred in	147384
accordance with that section to the General Revenue Fund.	147385

(9) Division (E) of this section does not restrict the	147386
Department of Rehabilitation and Correction from contracting, not	147387
for the sale of, but only for the private operation and management	147388
of the North Coast Correctional Treatment Facility.	147389

(10) Division (E) of this section expires two years after its	147390
effective date.	147391

(F)(1) As used in division (F) of this section, "grantee"	147392
means an entity that has contracted under section 9.06 of the	147393
Revised Code to privately operate the North Central Correctional	147394
Institution, if the contract includes the clauses described in	147395
division (B)(2) of this section for the purchase of that	147396
Institution.	147397

(2) The Governor is authorized to execute a deed in the name	147398
of the state conveying to the grantee, its successors and assigns,	147399
all of the right, title, and interest of the state in the North	147400
Central Correctional Institution, in the City of Marion, County of	147401
Marion, State of Ohio, the land situated thereon, and any	147402
surrounding land, which totals approximately 152 acres.	147403

In preparing the deed, the Auditor of State, with the	147404
assistance of the Attorney General, shall develop a legal	147405
description of the property in conformity with the actual bounds	147406
of the real estate.	147407

(3) Consideration for conveyance of the real estate shall be	147408
set forth in the contract awarded to the grantee and shall be paid	147409
in accordance with the terms of the contract.	147410

(4)(a) The deed may contain any restriction that the Director	147411
of Administrative Services and the Director of Rehabilitation and	147412
Correction determine is reasonably necessary to protect the	147413
state's interest in neighboring state-owned land.	147414

(b) The deed also shall contain restrictions prohibiting the	147415
grantee from using, developing, or selling the real estate, or the	147416
correctional facility thereon, except in conformance with the	147417
restriction, or if the use, development, or sale will interfere	147418
with the quiet enjoyment of the neighboring state-owned land.	147419

(5) The real estate shall be sold as an entire tract and not	147420
in parcels.	147421

(6) Upon payment of the purchase price as set forth in the	147422
contract awarded to the grantee, the Auditor of State, with the	147423
assistance of the Attorney General, shall prepare a deed to the	147424
real estate. The deed shall state the consideration and	147425
restrictions and shall be executed by the Governor in the name of	147426
the state, countersigned by the Secretary of State, sealed with	147427
the Great Seal of the State, presented in the Office of the	147428
Auditor of State for recording, and delivered to the grantee. The	147429
grantee shall present the deed for recording in the Office of the	147430
Marion County Recorder.	147431

(7) The grantee shall pay all costs associated with the	147432
purchase and conveyance of the real estate, including recordation	147433
costs of the deed.	147434

(8) The proceeds of the conveyance of the real estate shall	147435
be deposited into the state treasury to the credit of the Adult	147436
and Juvenile Correctional Facilities Bond Retirement Fund and	147437
shall be used to redeem or defease bonds in accordance with	147438
section 5120.092 of the Revised Code, and any remaining moneys	147439
after such redemption or defeasance shall be transferred in	147440
accordance with that section to the General Revenue Fund.	147441

(9) Division (F) of this section does not restrict the	147442
Department of Rehabilitation and Correction from contracting, not	147443
for the sale of, but only for the private operation and management	147444
of the North Central Correctional Institution.	147445

(10) Division (F) of this section expires two years after its	147446
effective date.	147447

(G)(1)(a) As used in division (G) of this section, "grantee"	147448
means an entity that has contracted under section 9.06 of the	147449
Revised Code to privately operate a facility at the North Central	147450
Correctional Institution Camp, if the contract includes the	147451
clauses described in division (B)(2) of this section for the	147452
purchase of that facility.	147453

(b) Jurisdiction of the facility described in division	147454
(G)(1)(a) of this section, which is a vacated facility previously	147455
operated by the Department of Youth Services adjacent to the North	147456
Central Correctional Institution, is hereby transferred from the	147457
Department of Youth Services to the Department of Rehabilitation	147458
and Correction. The transfer of jurisdiction of that facility is	147459
hereby ratified and approved.	147460

(2) The Governor is authorized to execute a deed in the name	147461
of the state conveying to the grantee, its successors and assigns,	147462
all of the right, title, and interest of the state in the North	147463
Central Correctional Institution Camp, in the City of Marion,	147464
County of Marion, State of Ohio, the land situated thereon, and	147465
any surrounding land, which totals approximately 106 acres.	147466

In preparing the deed, the Auditor of State, with the	147467
assistance of the Attorney General, shall develop a legal	147468
description of the property in conformity with the actual bounds	147469
of the real estate.	147470

(3) Consideration for conveyance of the real estate shall be	147471
set forth in the contract awarded to the grantee and shall be paid	147472
in accordance with the terms of the contract.	147473

(4)(a) The deed may contain any restriction that the Director	147474
of Administrative Services and the Director of Rehabilitation and	147475
Correction determine is reasonably necessary to protect the	147476
state's interest in neighboring state-owned land.	147477

(b) The deed also shall contain restrictions prohibiting the	147478
grantee from using, developing, or selling the real estate, or the	147479
correctional facility thereon, except in conformance with the	147480
restriction, or if the use, development, or sale will interfere	147481
with the quiet enjoyment of the neighboring state-owned land.	147482

(5) The real estate shall be sold as an entire tract and not	147483
in parcels.	147484

(6) Upon payment of the purchase price as set forth in the	147485
contract awarded to the grantee, the Auditor of State, with the	147486
assistance of the Attorney General, shall prepare a deed to the	147487
real estate. The deed shall state the consideration and	147488
restrictions and shall be executed by the Governor in the name of	147489
the state, countersigned by the Secretary of State, sealed with	147490
the Great Seal of the State, presented in the Office of the	147491
Auditor of State for recording, and delivered to the grantee. The	147492
grantee shall present the deed for recording in the Office of the	147493
Marion County Recorder.	147494

(7) The grantee shall pay all costs associated with the	147495
purchase and conveyance of the real estate, including recordation	147496
costs of the deed.	147497

(8) The proceeds of the conveyance of the real estate shall	147498
be deposited into the state treasury to the credit of the Adult	147499
and Juvenile Correctional Facilities Bond Retirement Fund and	147500
shall be used to redeem or defease bonds in accordance with	147501
section 5120.092 of the Revised Code, and any remaining moneys	147502
after such redemption or defeasance shall be transferred in	147503
accordance with that section to the General Revenue Fund.	147504

(9) Division (G) of this section does not restrict the	147505
Department of Rehabilitation and Correction from contracting, not	147506
for the sale of, but only for the private operation and management	147507
of the North Central Correctional Institution Camp.	147508

(10) Division (G) of this section expires two years after its	147509
effective date.	147510

Section 753.20. (A) The Governor is authorized to execute a	147511
deed in the name of the state conveying to the Ripley Union Lewis	147512
Huntington School District, its successors and assigns, all of the	147513
state's right, title, and interest in the following described real	147514
estate:	147515

I	147516

Starting at a 5/8" iron pin found on the southerly	147517
right-of-way line of Outer Drive, the northeasterly line of Edward	147518
and Eva K. Farnbach and Michael S. Pfeffer, Trustee at the	147519
northwesterly corner of L.J. Germann's Addition as recorded in	147520
Plat Book C-3, page 204, slide 213 in the Brown County, Ohio	147521
Recorder's Office;	147522

Thence with the southerly right-of-way line of said Outer	147523
Drive and with the northerly line of said Farnbach and Pfeffer for	147524
the next four (4) courses;	147525

South 63 degrees 34 minutes 18 seconds West a distance of	147526
24.20 feet;	147527

South 79 degrees 33 minutes 23 seconds West a distance of	147528
92.60 feet;	147529

South 75 degrees 58 minutes 20 seconds West a distance of	147530
347.02 feet;	147531

South 84 degrees 53 minutes 30 seconds West a distance of	147532
10.54 feet;	147533

Thence with a line through the land of said Farnbach and	147534
Pfeffer for the next two (2) courses:	147535

South 21 degrees 11 minutes 23 seconds West a distance of	147536
43.58 feet;	147537

South 0 degrees 25 minutes 20 seconds West a distance of	147538
586.49 feet to a point on the southerly line of said Farnbach and	147539
Pfeffer and on the northerly line of Michael Ray Schwallie;	147540

Thence with a line through the land of said Schwallie for the	147541
next two (2) courses:	147542

South 0 degrees 25 minutes 20 seconds West a distance of	147543
227.62 feet;	147544

South 35 degrees 47 minutes 10 seconds East a distance of	147545
523.46 feet to a point on the southerly line of said Schwallie and	147546
on the northerly line of the State of Ohio;	147547

Thence with a line through the land of said State of Ohio	147548
three (3) courses:	147549

South 35 degrees 47 minutes 10 seconds East a distance of	147550
29.17 feet;	147551

South 6 degrees 22 minutes 58 seconds West a distance of	147552
29.21 feet;	147553

South 51 degrees 22 minutes 58 seconds West a distance of	147554
583.46 feet and the true point of beginning;	147555

Thence from said true point of beginning and through the land	147556
of said State of Ohio for the next five (5) courses:	147557

On a curve to the left having a radius of 300.00 feet, an	147558
interior angle of 37 degrees 00 minutes 54 seconds, an arc length	147559
of 193.81 feet, a chord bearing of South 76 degrees 58 minutes 37	147560
seconds East for a chord length of 190.46 feet;	147561

South 58 degrees 28 minutes 11 seconds East a distance of	147562
284.98 feet;	147563

On a curve to the left having a radius of 300.00 feet, an	147564
interior angle of 180 degrees 00 minutes 00 seconds, an arc length	147565
of 942.48 feet, a chord bearing of South 31 degrees 31 minutes 49	147566
seconds West for a chord length of 600.00 feet;	147567

North 58 degrees 28 minutes 11 seconds West a distance of	147568
284.98 feet;	147569

On a curve to the right having a radius of 300.00 feet, an	147570
interior angle of 142 degrees 59 minutes 08 seconds, an arc length	147571
of 748.67 feet, a chord bearing of North 13 degrees 01 minutes 23	147572
seconds East for a chord length of 568.97 feet and CONTAINING	147573
3.925 Acres	147574

This description was prepared by Christopher S. Renshaw,	147575
P.S., Ohio Registration No. 8319 on 16 October 2009.	147576

II	147577

Starting at 5/8" iron pin found on the southerly right-of-way	147578
line of Outer Drive, the northeasterly corner of Edward and Eva K.	147579
Farnbach and Michael S. Pfeffer, Trustee at the northwesterly	147580
corner of L.J. Germann's Addition as recorded in Plat Book C-3,	147581
page 204, slide 213 in the Brown County, Ohio Recorder's Office;	147582

Thence with the southerly right-of-way line of Outer Drive	147583
and with the northerly line of Edward and Eva K. Farnbach, etal	147584
for the next three (3) courses:	147585

South 63 degrees 34 minutes 18 seconds West a distance of	147586
24.20 feet;	147587

South 79 degrees 33 minutes 23 seconds West a distance of	147588
92.60 feet;	147589

South 75 degrees 58 minutes 20 seconds West a distance of	147590
340.45 feet;	147591

Thence through the land of said Farnbach for the next two (2)	147592
courses:	147593

South 21 degrees 11 minutes 23 seconds West a distance of	147594
49.42 feet;	147595

South 0 degrees 25 minutes 20 seconds West a distance of	147596
571.70 feet to a point on the southerly line of said Farnbach and	147597
on the northerly line of Michael Ray Schwallie;	147598

Thence through the land of said Schwallie for the next two	147599
(2) courses:	147600

South 0 degrees 25 minutes 20 seconds West a distance of	147601
234.76 feet;	147602

South 35 degrees 47 minutes 10 seconds East a distance of	147603
518.08 feet to a point on the southerly line of said Schwallie and	147604
on the northerly line of the State of Ohio and the true point of	147605
beginning; said point being on the easterly line of said real	147606
estate;	147607

Thence from said the true point of beginning and with a line	147608
through the land of said State of Ohio seven (7) courses:	147609

South 35 degrees 47 minutes 10 seconds East a distance of	147610
35.43 feet;	147611

South 6 degrees 22 minutes 58 seconds West a distance of	147612
41.21 feet;	147613

South 51 degrees 22 minutes 58 seconds West a distance of	147614
568.72 feet;	147615

On a curve to the left having a radius of 300.00 feet, an	147616
interior angle of 20 degrees 37 minutes 27 seconds, an arc length	147617
of 107.99 feet, a chord bearing of South 79 degrees 07 minutes 37	147618
seconds West for a chord length of 107.41 feet;	147619

North 51 degrees 22 minutes 58 seconds East a distance of	147620
643.06 feet;	147621

North 6 degrees 22 minutes 57 seconds East a distance of 1.22	147622
feet;	147623

North 35 degrees 47 minutes 10 seconds West a distance of	147624
14.58 feet to a point on the southerly line of said Schwallie and	147625
on the northerly line of said State of Ohio;	147626

Thence with the southerly line of said Schwallie and on the	147627
northerly line of said State of Ohio North 52 degrees 24 minutes	147628
43 seconds East a distance of 50.02 feet to the place of beginning	147629
and CONTAINING 0.740 Acres.	147630

This description was prepared by Christopher S. Renshaw,	147631
P.S., Ohio Registration No. 8319 on 16 October 2009.	147632

III	147633

Starting at a 5/8" iron pin found on the southerly	147634
right-of-way line of Outer Drive, the northeasterly corner of	147635
Edward and Eva K. Farnbach and Michael S. Pfeffer, Trustee at the	147636
northwesterly corner of L.J. Germann's Addition as recorded in	147637
Plat Book C-3, page 204, slide 213 in the Brown County, Ohio	147638
Recorder's Office;	147639

Thence with the southerly right-of-way line of said Outer	147640
Drive and with the northerly line of said Farnbach and Pfeffer for	147641
the next four (4) courses:	147642

South 63 degrees 34 minutes 18 seconds West a distance of	147643
24.20 feet;	147644

South 79 degrees 33 minutes 23 seconds West a distance of	147645
92.60 feet;	147646

South 75 degrees 58 minutes 20 seconds West a distance of	147647
347.02 feet;	147648

South 84 degrees 53 minutes 30 seconds West a distance of	147649
10.54 feet;	147650

Thence with a line through the land of said Farnbach and	147651
Pfeffer for the next two (2) courses:	147652

South 21 degrees 11 minutes 23 seconds West a distance of	147653
43.58 feet;	147654

South 0 degrees 25 minutes 20 seconds West a distance of	147655
586.49 feet to a point on the southerly line of said Farnbach	147656
Pfeffer and on the northerly line of Michael Ray Schwallie;	147657

Thence with a line through the land of said Schwallie for the	147658
next two (2) courses:	147659

South 0 degrees 25 minutes 20 seconds West a distance of	147660
227.62 feet;	147661

South 35 degrees 47 minutes 10 seconds East a distance of	147662
523.46 feet to a point on the southerly line of said Schwallie and	147663
on the northerly line of the State of Ohio and the true point of	147664
beginning, said beginning point being on the easterly line of said	147665
real estate;	147666

Thence from said the true point of beginning and with a line	147667
through the land of said State of Ohio seven (7) courses:	147668

South 35 degrees 47 minutes 10 seconds East a distance of	147669
29.17 feet;	147670

South 6 degrees 22 minutes 58 seconds West a distance of	147671
29.21 feet;	147672

South 51 degrees 22 minutes 58 seconds West a distance of	147673
583.46 feet;	147674

On a curve to the left having a radius of 300.00 feet, an	147675
interior angle of 7 degrees 49 minutes 53 seconds, an arc length	147676
of 41.01 feet, a chord bearing of South 80 degrees 35 minutes 59	147677
seconds West for a chord length of 40.97 feet;	147678

North 51 degrees 22 minutes 58 seconds East a distance of	147679
610.94 feet;	147680

North 6 degrees 22 minutes 58 seconds East a distance of	147681
13.22 feet;	147682

North 35 degrees 47 minutes 10 seconds West a distance of	147683
20.83 feet to a point on the southerly line of said Schwallie and	147684
on the northerly line of said State of Ohio;	147685

Thence with the southerly line of said Schwallie and on the	147686
northerly line of said State of Ohio North 52 degrees 24 minutes	147687
43 seconds East a distance of 20.01 feet to the place of beginning	147688
and CONTAINING 0.295 Acres.	147689

This description was prepared by Christopher S. Renshaw,	147690
P.S., Ohio Registration No. 8319 on 16 October 2009.	147691

IV	147692

Starting at a spike found in the centerline of U.S. Route No.	147693
52, 62 & 68, at the southeasterly corner of Surgical Appliance	147694
Industries, Inc.'s 2.00 Acre tract as recorded in Deed Book 164,	147695
page 778 in the Brown County, Ohio Recorder's Office;	147696

Thence with the line of said Surgical Appliance Industries,	147697
Inc. South 52 degrees 38 minutes 52 seconds West a distance of	147698
80.00 feet to a point on the on the southerly right-of-way line of	147699
said U.S. Route No. 52, 62 & 68;	147700

Thence with the southerly right-of-way line of said U.S.	147701
Route No. 52, 62 & 68 South 36 degrees 23 minutes 01 seconds East	147702
a distance of 19.72 feet to the true point of beginning;	147703

South 52 degrees 41 minutes 03 seconds West a distance of	147704
260.37 feet;	147705

South 49 degrees 59 minutes 41 seconds West a distance of	147706
179.65 feet;	147707

On a curve to the left having a radius of 200.00 feet, an	147708
interior angle of 43 degrees 45 minutes 50 seconds, an arc length	147709
of 152.76 feet, a chord bearing of South 28 degrees 06 minutes 46	147710
seconds West for a chord length of 149.08 feet;	147711

South 6 degrees 13 minutes 51 seconds West a distance of	147712
204.40 feet;	147713

On a curve to the left having a radius of 100.00 feet, an	147714
interior angle of 44 degrees 44 minutes 55 seconds, an arc length	147715
of 78.10 feet, a chord bearing of South 16 degrees 08 minutes 36	147716
seconds East for a chord length of 76.13 feet;	147717

South 38 degrees 31 minutes 04 seconds East a distance of	147718
266.21 feet;	147719

On a curve to the left having a radius of 50.00 feet, an	147720
interior angle of 53 degrees 35 minutes 34 seconds, an arc length	147721
of 46.77 feet, a chord bearing of South 65 degrees 18 minutes 51	147722
seconds East for a chord length of 45.08 feet;	147723

North 87 degrees 53 minutes 23 seconds East a distance of	147724
6.15 feet;	147725

On a curve to the right having a radius of 12.50 feet, an	147726
interior angle of 143 degrees 13 minutes 01 seconds, an arc length	147727
of 31.25 feet, a chord bearing of South 20 degrees 30 minutes 07	147728
seconds East for a chord length of 23.72;	147729

South 51 degrees 40 minutes 10 seconds West a distance of	147730
345.58 feet;	147731

On a curve to the left having a radius of 125.00 feet, an	147732
interior angle of 43 degrees 33 minutes 25 seconds, an arc length	147733
of 95.03 feet, a chord bearing of South 29 degrees 53 minutes 28	147734
seconds West for a chord length of 92.75 feet;	147735

South 8 degrees 06 minutes 45 seconds West a distance of	147736
65.53 feet;	147737

On a curve to the right have a radius of 63.00 feet, an	147738
interior angle of 91 degrees 48 minutes 38 seconds, an arc length	147739
of 100.95 feet, a chord bearing of South 54 degrees 01 minutes 04	147740
seconds West for a chord length of 90.49 feet;	147741

North 80 degrees 04 minutes 37 seconds West a distance of	147742
579.25 feet;	147743

On a curve to the right having a radius of 150.00 feet, an	147744
interior angle of 26 degrees 20 minutes 16 seconds, an arc length	147745
of 68.95 feet, a chord bearing of North 66 degrees 54 minutes 29	147746
seconds West for a chord length of 68.35 feet;	147747

North 53 degrees 44 minutes 21 seconds West a distance of	147748
229.52 feet;	147749

North 46 degrees 10 minutes 36 seconds West a distance of	147750
25.00 feet;	147751

North 52 degrees 49 minutes 16 seconds West a distance of	147752
55.12 feet;	147753

On a curve to the left having a radius of 205.00 feet, an	147754
interior angle of 75 degrees 47 minutes 45 seconds, an arc length	147755
of 271.19 feet, a chord bearing of South 89 degrees 16 minutes 52	147756
seconds West for a chord length of 251.85 feet;	147757

South 51 degrees 22 minutes 58 seconds West a distance of	147758
139.29 feet;	147759

On a curve to the left having a radius of 55.00 feet, an	147760
interior angle of 105 degrees 02 minutes 01 seconds, an arc length	147761
of 100.83 feet, a chord bearing of South 01 degrees 08 minutes 03	147762
seconds East for a chord length of 87.29 feet;	147763

South 53 degrees 39 minutes 03 seconds East a distance of	147764
447.62 feet;	147765

North 53 degrees 39 minutes 03 seconds West a distance of	147766
447.62 feet;	147767

On a curve to the right having a radius of 55.00 feet, an	147768
interior angle of 105 degrees 02 minutes 01 seconds, an arc length	147769
of 100.83 feet, a chord bearing of North 01 degrees 08 minutes 03	147770
seconds West for a chord length of 87.29 feet;	147771

North 51 degrees 22 minutes 58 seconds East a distance of	147772
139.29 feet;	147773

On a curve to the right having a radius of 205.00 feet, an	147774
interior angle of 75 degrees 47 minutes 45 seconds, an arc length	147775
of 271.19 feet, a chord bearing of North 89 degrees 16 minutes 52	147776
seconds East for a chord length of 251.85 feet;	147777

South 52 degrees 49 minutes 16 seconds East a distance of	147778
55.12 feet;	147779

South 46 degrees 10 minutes 36 seconds East a distance of	147780
25.00 feet;	147781

South 53 degrees 44 minutes 21 seconds East a distance of	147782
229.52 feet;	147783

On a curve to the left having a radius of 150.00 feet, an	147784
interior angle of 26 degrees 20 minutes 16 seconds, an arc length	147785
of 68.95 feet, a chord bearing of South 66 degrees 54 minutes 29	147786
seconds East for a chord length of 68.35 feet;	147787

South 80 degrees 04 minutes 37 seconds East a distance of	147788
579.25 feet;	147789

On a curve to the left having a radius of 63.00 feet, an	147790
interior angle of 91 degrees 48 minutes 38 seconds, an arc length	147791
of 100.95 feet, a chord bearing of North 54 degrees 01 minutes 04	147792
seconds East for a chord length of 90.49 feet;	147793

North 8 degrees 06 minutes 45 seconds East a distance of	147794
65.53 feet;	147795

On a curve to the right having a radius of 125.00 feet, an	147796
interior angle of 43 degrees 33 minutes 25 seconds, an arc length	147797
of 95.03 feet, a chord bearing of North 29 degrees 53 minutes 28	147798
seconds East for a chord length of 92.75 feet;	147799

North 51 degrees 40 minutes 10 seconds East a distance of	147800
345.58 feet;	147801

North 51 degrees 06 minutes 24 seconds East a distance of	147802
242.53 feet;	147803

On a curve to the left having a radius of 75.00 feet, an	147804
interior angle of 89 degrees 40 minutes 16 seconds, an arc length	147805
of 117.38 feet, a chord bearing of North 06 degrees 16 minutes 16	147806
seconds East for a chord length of 105.76 feet;	147807

North 38 degrees 33 minutes 52 seconds West a distance of	147808
100.75 feet;	147809

North 53 degrees 36 minutes 14 seconds East a distance of	147810
396.32 feet.	147811

This description was prepared by Christopher S. Renshaw,	147812
P.S., Ohio Registration No. 8319 on 16 October 2009.	147813

(B) Consideration for conveyance of the real estate is the	147814
mutual benefit accruing to the state and the Ripley Union Lewis	147815
Huntington School District from the use of the real estate so that	147816
a water well may be constructed and operated.	147817

(C) The Ripley Union Lewis Huntington School District shall	147818
use the real estate to construct and operate a water well. If the	147819
Ripley Union Lewis Huntington School District ceases to use the	147820
real estate to construct and operate a water well, all right,	147821
title, and interest in the real estate immediately reverts to the	147822
state without the need for any further action by the state.	147823

(D) The Ripley Union Lewis Huntington School District shall	147824
pay the costs of the conveyance.	147825

(E) Within thirty days after the effective date of this	147826
section, the Auditor of State, with the assistance of the Attorney	147827
General, shall prepare a deed to the real estate. The deed shall	147828
state the consideration and the condition. The deed shall be	147829
executed by the Governor in the name of the state, countersigned	147830
by the Secretary of State, sealed with the Great Seal of the	147831
State, presented in the office of the Auditor of State for	147832
recording, and delivered to the Ripley Union Lewis Huntington	147833
School District. The Ripley Union Lewis Huntington School District	147834
shall present the deed for recording in the office of the Brown	147835
County Recorder.	147836

(F) This section expires one year after its effective date.

147837

Section 753.23. (A) The Governor is authorized to execute a	147838
deed in the name of the state (Kent State University) conveying to	147839
the Board of Township Trustees of Jackson Township in Stark County	147840
and its successors and assigns all of the state's right, title,	147841
and interest in the following described real estate:	147842

Known as and being a part of the Southeast and Southwest	147843
Quarters of Section 13, Township 11 (Jackson) R-9, County of	147844
Stark, State of Ohio. Also being a part of tracts of land conveyed	147845
to the state of Ohio as recorded in Deed Volume 3109, Page 573 of	147846
the records of Stark County and being more fully bounded and	147847
described as follows:	147848

Commencing at a hex head iron bar in a monument box (JAC	147849
080), being the southeast corner of said Southwest Quarter of	147850
Section 13 and also being an angle point on the centerline of	147851
Dressler Road (C.R. 224) (Variable Width) as recorded in file 106	147852
of the Stark County Engineers Office;	147853

Thence, along the centerline of Dressler Road, N 1803'31" E a	147854
distance of 223.09 feet to the True Place of beginning for the	147855
parcel herein described;	147856

1. Thence N 56°56'23" W a distance of 241.46 feet to a 5/8"	147857
rebar set, said line passes over a 5/8" rebar set at 41.41 feet;	147858

2. Thence N 01°44'30" W a distance of 230.40 feet to a 5/8"	147859
rebar set;	147860

3. Thence N 67°27'21" E a distance of 150.00 feet to a 5/8"	147861
rebar set;	147862

4. Thence S 63°25'06" E a distance of 199.60 feet to a point	147863
in the centerline of Dressler Road, said line passes over a 5/8"	147864
rebar set at 159.15 feet;	147865

5. Thence, along the centerline of Dressler Road, S 18°03'31"	147866
W a distance of 347.32 feet to the true place of beginning and	147867
containing 2.025 acres of land, more or less of which 0.970 acres	147868
are located in the Southeast Quarter of Section 13 and 1.055 acres	147869
are located in the Southwest Quarter of Section 13.	147870

The above described area is contained within the Stark County	147871
Auditor's Permanent Parcel Numbers 1680061 and 1680066.	147872

The basis of bearings in this description is based on the	147873
Ohio North Zone, State Plane Coordinates NAD 83 (86).	147874

The statement of "5/8" rebar Set" refers to a 5/8" x 30" Dia.	147875
Rebar set with a plastic i.d. cap stamped "SCE".	147876

This description was prepared and reviewed by Daniel J.	147877
Houck, Professional Surveyor No. 7851 in March of 2010, of the	147878
Stark County Engineer's Office. This description is based on a	147879
survey made by the Stark County Engineer's Office in March of	147880
2010, under the direction and supervision of Keith A. Bennett,	147881
Professional Surveyor No. 7615. (Attachment A)	147882

(B) Consideration for conveyance of the real estate is the	147883
mutual benefit accruing to the state from Jackson Township's use	147884
of the real estate for a fire station.	147885

(C) If the use of the real estate as a fire station is	147886
discontinued, the real estate reverts to Kent State University,	147887
and Jackson Township shall raze the building currently on the real	147888
estate and remove from the real estate any contaminants relating	147889
to the building's use as a fire station.	147890

(D) The Board of Township Trustees of Jackson Township in	147891
Stark County shall pay the costs of the conveyance.	147892

(E) The Auditor of State, with the assistance of the Attorney	147893
General, shall prepare a deed to the real estate. The deed shall	147894
state the consideration and the reverter. The deed shall be	147895
executed by the Governor in the name of the state, countersigned	147896
by the Secretary of State, sealed with the Great Seal of the	147897
State, presented in the Office of the Auditor of State for	147898
recording, and delivered to the Board of Township Trustees of	147899
Jackson Township in Stark County. The Board of Township Trustees	147900
of Jackson Township in Stark County shall present the deed for	147901
recording in the Office of the Stark County Recorder.	147902

(F) This section expires one year after its effective date.

147903

Section 753.25. (A) The Governor is authorized to execute a	147904
deed in the name of the state conveying to the Board of County	147905
Hospital Trustees of The MetroHealth System ("MetroHealth"), in	147906
the name of the County of Cuyahoga, State of Ohio, its successors	147907
and assigns, all of the state's right, title, and interest in the	147908
following listed parcels of real estate located in the County of	147909
Cuyahoga, State of Ohio: 00821- 008, 00821-009, 00821-010,	147910
00821-011, 00821-012, 00821-013, 00821-014, 00821-015, 00821-016,	147911
and 00821-017.	147912

In preparing the deed, the Auditor of State, with the	147913
assistance of the Attorney General, shall develop a legal	147914
description of the real estate in conformity with the actual	147915
bounds of the real estate.	147916

(B) Consideration for conveyance of the real estate shall be	147917
ten dollars.	147918

(C) The state shall convey the real estate described in	147919
division (A) of this section together with the building situated	147920
upon it, along with the amount of $3,400,000 to demolish the	147921
building. Notwithstanding any provision of law to the contrary,	147922
the Director of Mental Health shall disburse $3,400,000 from	147923
appropriation item C58010, Campus Consolidation, as set forth in	147924
Sub. H.B. 462 of the 128th General Assembly, to the grantee within	147925
thirty days after the conveyance of the real estate. After the	147926
disbursement, the state shall, within four months, complete a	147927
physical inventory of assets, relocate assets that are to be	147928
removed from the building, and itemize assets that are to remain	147929
with the transferred real estate and building.	147930

(D) The real estate described in division (A) of this section	147931
shall be sold as an entire tract and not in parcels.	147932

(E) The grantee shall pay all costs associated with the	147933
purchase and conveyance of the real estate, including costs of any	147934
surveys and recordation costs of the deed.	147935

(F) The grantee shall not, during any period that any bonds	147936
issued by the state to finance or refinance all or a portion of	147937
the real estate described in division (A) of this section are	147938
outstanding, use any portion of the real estate for a private	147939
business use without the prior written consent of the state. As	147940
used in this division:	147941

(1) "Private business use" means use, directly or indirectly,	147942
in a trade or business carried on by any private person other than	147943
use as a member of, and on the same basis as, the general public.	147944
Any activity carried on by a private person who is not a natural	147945
person shall be presumed to be a trade or business.	147946

(2) "Private person" means any natural person or any	147947
artificial person, including a corporation, partnership, limited	147948
liability company, trust, or other entity and including the United	147949
States or any agency or instrumentality of the United States, but	147950
excluding any state, territory, or possession of the United	147951
States, the District of Columbia, or any political subdivision	147952
thereof that is referred to as a "state or local governmental	147953
unit" in Treasury Regulation 1.103-1(a) and any person that is	147954
acting solely and directly as an officer or employee of or on	147955
behalf of such a governmental unit.	147956

(G) The grantee shall not sell, convey, or transfer ownership	147957
of the real estate described in division (A) of this section	147958
before December 1, 2019, or before receiving written confirmation	147959
from the state that all of the state's bonded capital indebtedness	147960
associated with any of the buildings located on the real estate	147961
has been fully satisfied.	147962

(H) The Auditor of State, with the assistance of the Attorney	147963
General, shall prepare a deed to the real estate. The deed shall	147964
state the consideration and the conditions and restrictions and	147965
shall be executed by the Governor in the name of the state,	147966
countersigned by the Secretary of State, sealed with the Great	147967
Seal of the State, presented in the Office of the Auditor of State	147968
for recording, and delivered to the grantee. The grantee shall	147969
present the deed for recording in the Office of the Cuyahoga	147970
County Recorder.	147971

(I) This section expires one year after its effective date.

147972

Section 753.27. (A) The Governor is authorized to execute a	147973
deed in the name of the state, on behalf of Cleveland State	147974
University, conveying to a purchaser as yet to be determined	147975
(hereinafter the "grantee"), its heirs and assigns or its	147976
successors and assigns, all of the state's right, title, and	147977
interest in the real estate located at 21425 Shelburne Road, City	147978
of Shaker Heights, County of Cuyahoga, State of Ohio, such real	147979
estate consisting of the building formerly used as the residence	147980
for the President of Cleveland State University, and the land on	147981
which it is situated.	147982

(B) In preparing the deed, the Auditor of State, with the	147983
assistance of the Attorney General, shall develop a legal	147984
description of the real estate in conformity with the actual	147985
bounds of the real estate.	147986

(C) Consideration for conveyance of the real estate shall be	147987
as is agreed upon by Cleveland State University and the grantee.	147988

(D) The deed may contain any condition or restriction that	147989
the Governor or Cleveland State University determines is	147990
reasonably necessary to protect the state's interests.	147991

(E) The grantee shall pay all costs associated with the	147992
conveyance, including recordation costs of the deed.	147993

(F) Upon payment of the purchase price, the Auditor of State,	147994
with the assistance of the Attorney General, shall prepare a deed	147995
to the real estate. The deed shall state the consideration and any	147996
conditions or restrictions and shall be executed by the Governor	147997
in the name of the state, countersigned by the Secretary of State,	147998
sealed with the Great Seal of the State, presented in the Office	147999
of the Auditor of State for recording, and delivered to the	148000
grantee. The grantee shall present the deed for recording in the	148001
Office of the Cuyahoga County Recorder.	148002

(G) This section expires one year after its effective date.

148003

Section 753.30. (A) The Governor is authorized to execute a	148004
deed in the name of the state conveying to a buyer or buyers to be	148005
determined in the manner provided in division (B) of this section	148006
all of the state's right, title, and interest in the real property	148007
of any facility under the management and control of the Department	148008
of Youth Services following the closure of that facility that the	148009
Director of Administrative Services determines is no longer	148010
required for state purposes. This section applies only to	148011
facilities that are closed before January 1, 2012.	148012

(B)(1) The Director of Administrative Services shall offer	148013
the real estate, improvements and chattels of a facility sold	148014
pursuant to division (A) of this section for sale "as is" in its	148015
present condition according to the following process:	148016

The real estate of the facility shall be sold as an entire	148017
parcel and not subdivided.	148018

The Director of Administrative Services shall conduct a	148019
sealed bid sale and the real property of the facility shall be	148020
sold to the highest bidder at a price acceptable to both the	148021
Director of Administrative Services and the Director of Youth	148022
Services.	148023

(2) The contract for sale of a facility pursuant to this	148024
section shall include a condition that requires the purchaser to	148025
provide preferential hiring treatment to employees or former	148026
employees of the Department of Youth Services in order to retain	148027
or rehire staff displaced as a result of the closure of the	148028
facility located on the property, to the extent the purchaser's	148029
use of the facility requires employees in the same or similar	148030
positions as those displaced as a result of the closure.	148031

The contract for sale also shall include a binding commitment	148032
that irrevocably grants to the state a right, upon the occurrence	148033
of any triggering event described in division (B)(2)(a) or (b) of	148034
this section and in accordance with the particular division, to	148035
repurchase the facility and the real property on which it is	148036
situated, any surrounding land that is to be transferred under the	148037
contract, or both the facility and real property on which it is	148038
situated plus the surrounding land that is to be transferred under	148039
the contract. The triggering events and the procedures for a	148040
repurchase under the irrevocable grant described in this division	148041
are as follows:	148042

(a) Before the purchaser, or the purchaser's successor in	148043
title, may resell or otherwise transfer the facility and the real	148044
property on which it is situated, any surrounding land that is to	148045
be transferred under the contract, or both the facility and real	148046
property on which it is situated plus the surrounding land that is	148047
to be transferred under the contract, the purchaser or successor	148048
first must offer the state the opportunity to repurchase the	148049
facility, real property, and surrounding land that is to be resold	148050
or transferred for a price not greater than the purchase price	148051
paid to the state for that facility, real property, or surrounding	148052
land, less depreciation from the time of the conveyance of that	148053
facility, real property, or surrounding land to the purchaser,	148054
plus the depreciated value of any capital improvements to that	148055
facility, real property, or surrounding land that were made to it	148056
and funded by anyone other than the state subsequent to the	148057
conveyance to the purchaser. The repurchase opportunity described	148058
in this division must be offered to the state at least one hundred	148059
twenty days before the purchaser intends to resell or otherwise	148060
transfer the facility, real property, or surrounding land that is	148061
to be resold or transferred. After being offered the repurchase	148062
opportunity, the state has the right to repurchase the facility,	148063
real property, and surrounding land that is to be resold or	148064
otherwise transferred for the price described in this division.	148065

(b) Upon the purchaser's default of any financial agreement	148066
for the purchase of the facility and the real property on which it	148067
is situated, any surrounding land that is to be transferred under	148068
the contract, or both the facility and real property on which it	148069
is situated plus the surrounding land that is to be transferred	148070
under the contract, upon the purchaser's default of any other term	148071
in the contract, or upon the purchaser's financial insolvency or	148072
inability to meet its contractual obligations, the state has the	148073
right to repurchase the facility and real property, the	148074
surrounding land, or both the facility and real property and the	148075
surrounding land, for a price not greater than the purchase price	148076
paid to the state for that facility, real property, or surrounding	148077
land, less depreciation from the time of the conveyance of that	148078
facility, real property, or surrounding land to the purchaser,	148079
plus the depreciated value of any capital improvements to that	148080
facility, real property, or surrounding land that were made to it	148081
and funded by anyone other than the state subsequent to the	148082
conveyance to the purchaser.	148083

(3) The Director of Administrative Services shall advertise	148084
the sealed bid sale in a newspaper of general circulation within	148085
Scioto County once a week for three consecutive weeks prior to the	148086
date of the sealed bid sale. The Director of Administrative	148087
Services may reject any and all bids from the sealed bid sale. The	148088
terms of sale shall be ten per cent of the purchase price in cash,	148089
bank draft, or certified check payable within five business days	148090
following written notification of the acceptance of the bid by the	148091
Director of Administrative Services, with the balance payable	148092
within sixty days after the date of the written notification of	148093
the acceptance of the bid by the Director of Administrative	148094
Services. A purchaser who does not complete the conditions of the	148095
sale as prescribed in this division shall forfeit the ten per cent	148096
of the purchase price paid to the state as liquidated damages.	148097
Should a purchaser not complete the conditions of sale as	148098
described in this division, the Director of Administrative	148099
Services is authorized to accept the next highest bid by	148100
collecting ten per cent of the revised purchase price from that	148101
bidder and to proceed to close the sale, provided that the	148102
secondary bid meets all other criteria provided for in this	148103
section. If the Director of Administrative Services rejects all	148104
bids from the sealed bid sale, the Director may repeat the sealed	148105
bid process described in this section or may use an alternate sale	148106
process acceptable to the Director of Youth Services.	148107

Advertising costs and any other costs incident to the sale of	148108
a facility pursuant to this section shall be paid by the	148109
Department of Youth Services.	148110

Upon notice from the Director of Administrative Services, the	148111
Auditor of State, with the assistance of the Attorney General,	148112
shall prepare a deed to the facility to the purchaser identified	148113
by the Director of Administrative Services. The deed shall be	148114
executed by the Governor, countersigned by the Secretary of State,	148115
presented in the Office of the Auditor of State for recording, and	148116
delivered to the grantee at closing and upon the grantee's payment	148117
of the balance of the purchase price. The grantee shall present	148118
the deed for recording in the office of the recorder of the county	148119
in which the facility is located.	148120

The grantee shall pay all costs associated with the purchase	148121
and conveyance of the facility, including the costs of recording	148122
the deed.	148123

The net proceeds of the conveyance of the facility shall be	148124
deposited into the State Treasury to the credit of the Adult and	148125
Juvenile Correctional Facilities Bond Retirement Fund and shall be	148126
used to offset bond indebtedness on state bonds issued for the	148127
facility that has been sold. The Director of Budget and Management	148128
may direct that any moneys remaining in the fund after the	148129
redemption or defeasance of the bonds issued for that facility be	148130
transferred to the General Revenue Fund.	148131

148132

Section 755.10. The Director of Transportation may enter into	148133
agreements as provided in this section with the United States or	148134
any department or agency of the United States, including, but not	148135
limited to, the United States Army Corps of Engineers, the United	148136
States Forest Service, the United States Environmental Protection	148137
Agency, and the United States Fish and Wildlife Service. An	148138
agreement entered into pursuant to this section shall be solely	148139
for the purpose of dedicating staff to the expeditious and timely	148140
review of environmentally related documents submitted by the	148141
Director of Transportation, as necessary for the approval of	148142
federal permits. The agreements may include provisions for advance	148143
payment by the Director of Transportation for labor and all other	148144
identifiable costs of the United States or any department or	148145
agency of the United States providing the services, as may be	148146
estimated by the United States, or the department or agency of the	148147
United States. The Director shall submit a request to the	148148
Controlling Board indicating the amount of the agreement, the	148149
services to be performed by the United States or the department or	148150
agency of the United States, and the circumstances giving rise to	148151
the agreement.	148152

Section 755.20. (A) Until December 31, 2011, a	148153
transportation improvement district and any one or more	148154
governmental agencies may enter into an agreement providing for	148155
the joint financing, construction, acquisition, or improvement of	148156
any project. Any such agreement shall be approved by resolution or	148157
ordinance passed by the legislative authority of each of the	148158
parties to the agreement. The resolution or ordinance shall	148159
authorize the execution of the agreement by a designated official	148160
or officials of such party, and the agreement, when so approved	148161
and executed, shall be in full force and effect.	148162

(B)(1) Subject to division (B)(2) of this section, any	148163
municipal corporation, county, or township that is a party to such	148164
an agreement may issue securities pursuant to Chapter 133. or	148165
other applicable provisions of the Revised Code to provide for the	148166
payment of its portion of the cost of the project and,	148167
notwithstanding any other provision of the Revised Code, a	148168
district may purchase directly from the municipal corporation,	148169
county, or township those securities as an investment or to	148170
provide for the payment of bond service charges on bonds issued by	148171
a district.	148172

(2) For any project undertaken pursuant to an agreement	148173
entered into under this section for which a district purchases	148174
securities under division (A)(1) of this section, more than half	148175
of the property necessary for the project shall be located within	148176
the territory of the district.	148177

(C) Any term used in this section has the same meaning as in	148178
Chapter 5540. of the Revised Code unless the context clearly	148179
requires another meaning.	148180

Section 755.30. The Ohio Public Transit Association, in	148181
consultation with the Ohio Municipal League, the County	148182
Commissioners Association of Ohio, and the Ohio Township	148183
Association, shall study regional transit authority expansion	148184
outside territorial boundaries and, not later than December 31,	148185
2011, shall provide the General Assembly and the Governor a report	148186
that includes all of the following:	148187

(A) A list of best practices on proper notification to	148188
political subdivisions outside the regional transit authority's	148189
territorial boundaries;	148190

(B) A list of best practices on engaging community leaders to	148191
discuss common agreement and differences of opinion on service	148192
extensions outside territorial boundaries;	148193

(C) A list of best practices on resolving areas of	148194
disagreement and dispute on extension of service outside	148195
territorial boundaries by a regional transit authority.	148196

Section 757.10. ADJUSTMENT TO LOCAL GOVERNMENT DISTRIBUTIONS

148197

(A) On or before the tenth day of each month of the period	148198
beginning August 1, 2011, and ending June 30, 2013, the Tax	148199
Commissioner shall determine and certify to the Director of Budget	148200
and Management the amount to be credited during that month to the	148201
Local Government Fund and Public Library Fund pursuant to	148202
divisions (B) to (D) of this section.	148203

(B) Notwithstanding any provision of section 131.51 of the	148204
Revised Code to the contrary, for each month in the period	148205
beginning August 1, 2011, and ending June 30, 2013:	148206

(1) The amount credited first to the Local Government Fund	148207
shall be as provided in division (C) of this section;	148208

(2) The amount credited next to the Public Library Fund shall	148209
be according to the schedule in division (D) of this section.	148210

(C) Pursuant to division (B)(1) of this section, amounts	148211
shall be credited from revenue arising from the personal income	148212
tax levied under Chapter 5747. of the Revised Code to the Local	148213
Government Fund as follows:	148214

(1)(a) In August 2011, seventy-five per cent of the amount	148215
credited in August 2010; in August 2012, fifty per cent of the	148216
amount credited in August 2010;	148217

(b) In September 2011, seventy-five per cent of the amount	148218
credited in September 2010; in September 2012, fifty per cent of	148219
the amount credited in September 2010;	148220

(c) In October 2011, seventy-five per cent of the amount	148221
credited in October 2010; in October 2012, fifty per cent of the	148222
amount credited in October 2010;	148223

(d) In November 2011, seventy-five per cent of the amount	148224
credited in November 2010; in November 2012, fifty per cent of the	148225
amount credited in November 2010;	148226

(e) In December 2011, seventy-five per cent of the amount	148227
credited in December 2010; in December 2012, fifty per cent of the	148228
amount credited in December 2010;	148229

(f) In January 2012, seventy-five per cent of the amount	148230
credited in January 2011; in January 2013, fifty per cent of the	148231
amount credited in January 2011;	148232

(g) In February 2012, seventy-five per cent of the amount	148233
credited in February 2011; in February 2013, fifty per cent of the	148234
amount credited in February 2011;	148235

(h) In March 2012, seventy-five per cent of the amount	148236
credited in March 2011; in March 2013, fifty per cent of the	148237
amount credited in March 2011;	148238

(i) In April 2012, seventy-five per cent of the amount	148239
credited in April 2011; in April 2013, fifty per cent of the	148240
amount credited in April 2011;	148241

(j) In May 2012, seventy-five per cent of the amount credited	148242
in May 2011; in May 2013, fifty per cent of the amount credited in	148243
May 2011;	148244

(k) In June 2012, seventy-five per cent of the amount	148245
credited in June 2011; in June 2013, fifty per cent of the amount	148246
credited in June 2011;	148247

(l) In July 2012, fifty per cent of the amount credited in	148248
July 2010.	148249

(2) For each month in the period beginning August 1, 2011,	148250
and ending June 30, 2013, an amount sufficient to make the	148251
distributions required for that month under divisions (E)(2)(a),	148252
(b), and (c) of this section.	148253

(3) For each month in the period beginning August 1, 2011,	148254
and ending June 30, 2012, an amount equal to one-eleventh of	148255
forty-nine million two hundred seventy thousand dollars.	148256

(D) Pursuant to division (B)(2) of this section, amounts	148257
shall be credited from revenue arising from the kilowatt-hour tax	148258
and sales tax levied under section 5727.81 or 5739.02 of the	148259
Revised Code, respectively, to the Public Library Fund as follows:	148260

(1) In August 2011 and in August 2012, ninety-five per cent	148261
of the amount credited in August 2010;	148262

(2) In September 2011 and in September 2012, ninety-five per	148263
cent of the amount credited in September 2010;	148264

(3) In October 2011 and in October 2012, ninety-five per cent	148265
of the amount credited in October 2010;	148266

(4) In November 2011 and in November 2012, ninety-five per	148267
cent of the amount credited in November 2010;	148268

(5) In December 2011 and in December 2012, ninety-five per	148269
cent of the amount credited in December 2010;	148270

(6) In January 2012 and in January 2013, ninety-five per cent	148271
of the amount credited in January 2011;	148272

(7) In February 2012 and in February 2013, ninety-five per	148273
cent of the amount credited in February 2011;	148274

(8) In March 2012 and in March 2013, ninety-five per cent of	148275
the amount credited in March 2011;	148276

(9) In April 2012 and in April 2013, ninety-five per cent of	148277
the amount credited in April 2011;	148278

(10) In May 2012 and in May 2013, ninety-five per cent of the	148279
amount credited in May 2011;	148280

(11) In June 2012 and in June 2013, ninety-five per cent of	148281
the amount credited in June 2011;	148282

(12) In July 2012, ninety-five per cent of the amount	148283
credited in July 2010.	148284

(E) Notwithstanding any other provision of the Revised Code	148285
to the contrary, the total amount credited to the Local Government	148286
Fund in each month shall be distributed by the tenth day of that	148287
month in the following manner:	148288

(1) The total amount credited to the Local Government Fund in	148289
each month for the period beginning August 1, 2011, and ending	148290
June 30, 2013, pursuant to division (C)(1) of this section shall	148291
be distributed as follows:	148292

(a) Each county undivided local government fund shall receive	148293
a distribution from the Local Government Fund based on its	148294
proportionate share of the total amount received from the fund in	148295
that respective month in fiscal year 2011. As used in this	148296
section, "total amount received" does not include payments	148297
received in fiscal year 2011 under division (C) of section 5725.24	148298
of the Revised Code.	148299

(b) Each municipal corporation that received a direct	148300
distribution in fiscal year 2011 from the Local Government Fund	148301
under division (C) of section 5747.50 of the Revised Code shall	148302
receive a distribution based on its proportionate share of the	148303
total amount of direct distributions made to municipal	148304
corporations from the fund in that respective month in fiscal year	148305
2011.	148306

(2) The total amount credited to the Local Government Fund in	148307
each month for the period beginning August 1, 2011, and ending	148308
June 30, 2013, pursuant to division (C)(2) of this section shall	148309
be distributed as follows:	148310

(a) If a county undivided local government fund's total	148311
distribution in fiscal year 2011 was equal to or less than seven	148312
hundred fifty thousand dollars, the fund shall receive a	148313
distribution equal to the difference between the amount	148314
distributed to the fund in that respective month in fiscal year	148315
2011 and the amount allocated to the fund for the month under	148316
divisions (E)(1)(a) and (3) of this section during fiscal year	148317
2012, and division (E)(1)(a) of this section during fiscal year	148318
2013.	148319

(b) For each month in the period beginning August 1, 2011,	148320
and ending June 30, 2012, if a county undivided local government	148321
fund's total distribution in fiscal year 2011 exceeded seven	148322
hundred fifty thousand dollars and if the sum of the amount	148323
allocated to the fund in July 2011 and the amounts to be allocated	148324
to the fund between August 1, 2011, and June 30, 2012, under	148325
divisions (E)(1)(a) and (3) of this section is less than seven	148326
hundred fifty thousand dollars, the fund shall receive a	148327
distribution equal to one-eleventh of the difference between seven	148328
hundred fifty thousand dollars and that sum.	148329

(c) For each month in the period beginning July 1, 2012, and	148330
ending June 30, 2013, if a county undivided local government	148331
fund's total distribution in fiscal year 2011 exceeded seven	148332
hundred fifty thousand dollars and if the total amount to be	148333
allocated to the fund in fiscal year 2013 under division (E)(1)(a)	148334
of this section is less than seven hundred fifty thousand dollars,	148335
the fund shall receive a distribution equal to one-twelfth of the	148336
difference between seven hundred fifty thousand dollars and the	148337
total amount to be allocated to the fund in fiscal year 2013 under	148338
division (E)(1)(a) of this section.	148339

(3) The total amount credited to the Local Government Fund in	148340
each month for the period beginning August 1, 2011, and ending	148341
June 30, 2012, pursuant to division (C)(3) of this section shall	148342
be distributed to each county undivided local government fund	148343
based on each fund's proportionate share of the total amount	148344
received from the Local Government Fund in that respective month	148345
in fiscal year 2011. As used in this section, "total amount	148346
received" does not include payments received in fiscal year 2011	148347
under division (C) of section 5725.24 of the Revised Code.	148348

(F) Notwithstanding any other provision of the Revised Code	148349
to the contrary, by the tenth day of each month of the period	148350
beginning July 1, 2011, and ending December 31, 2011, each county	148351
undivided public library fund shall receive a distribution from	148352
the Public Library Fund equal to the product derived by	148353
multiplying the following amounts:	148354

(1) The total amount credited to the Public Library Fund in	148355
that month;	148356

(2) A percentage calculated by multiplying one hundred by the	148357
quotient obtained by dividing the sum of the county's	148358
distributions from the Public Library Fund during calendar year	148359
2010 by the sum of distributions made to all counties from the	148360
Public Library Fund during calendar year 2010.	148361

(G) Notwithstanding any other provision of the Revised Code	148362
to the contrary, by the tenth day of each month of the period	148363
beginning January 1, 2012, and ending June 30, 2013, each county	148364
undivided public library fund shall receive a distribution from	148365
the Public Library Fund equal to the product derived by	148366
multiplying the following amounts:	148367

(1) The total amount credited to the Public Library Fund in	148368
that month;	148369

(2) A percentage calculated by multiplying one hundred by the	148370
quotient obtained by dividing the sum of the county's	148371
distributions from the Public Library Fund during calendar year	148372
2011 by the sum of distributions made to all counties from the	148373
Public Library Fund during calendar year 2011.	148374

(H) For the 2012 and 2013 distribution years, the Tax	148375
Commissioner is not required to issue the certifications otherwise	148376
required by sections 5747.47, 5747.501, and 5747.51 of the Revised	148377
Code, but shall provide to each county auditor by July 20, 2011,	148378
and July 20, 2012, an estimate of the amounts to be received by	148379
the county in the ensuing year from the Public Library Fund and	148380
the Local Government Fund pursuant to this section and any other	148381
section of the Revised Code. The Tax Commissioner may report to	148382
each county auditor additional revised estimates of the 2011,	148383
2012, or 2013 distributions at any time during fiscal years 2012	148384
and 2013.	148385

Section 757.20. A school district, joint vocational school	148386
district, or local taxing unit may appeal a levy classification or	148387
any amount used in the calculation of total resources as defined	148388
under division (A) of section 5727.84 or division (A) of section	148389
5751.20 of the Revised Code. Such an appeal shall be filed in	148390
writing, including via electronic mail, with the Tax Commissioner.	148391
Upon receiving such an appeal, the Tax Commissioner shall make a	148392
determination of the merits of the appeal and, if the appeal is	148393
upheld, make necessary changes within the classifications or	148394
calculations. The determination of the Tax Commissioner is final	148395
and not subject to appeal. After June 30, 2013, no changes shall	148396
be made in the classifications or calculations.	148397

Section 757.30. The Tax Commissioner shall conduct a review	148398
of the operations of the Board of Tax Appeals, and, not later than	148399
November 15, 2011, shall submit a written report to the Governor,	148400
Speaker of the House of Representatives, and President of the	148401
Senate providing an assessment of the Board's operations and	148402
recommendations for improvement. The Tax Commissioner's review	148403
shall include consultation with persons who have participated in	148404
or have had matters before the Board and are familiar with the	148405
Board's operations and procedures. The report shall include	148406
recommendations for improving the appeals process, internal	148407
operations, and other operational matters the Commissioner deems	148408
advisable. The Commissioner may designate an employee of the	148409
Department of Taxation to conduct the review.	148410

Section 757.40. (A) As used in this section:

148411

(1) "Qualifying delinquent taxes" means any tax levied under	148412
Chapters 5731., 5733., 5735., 5739., 5743., 5747., 5748., and	148413
5751. of the Revised Code, including the taxes levied under	148414
sections 5707.03, 5727.24, 5733.41, and 5747.41 of the Revised	148415
Code, taxes required to be withheld under Chapters 5747. and 5748.	148416
of the Revised Code, and taxes required to be paid by a seller	148417
levied under Chapter 5741. of the Revised Code, which were due and	148418
payable from any person as of May 1, 2011, were unreported or	148419
underreported, and remain unpaid.	148420

(2) "Qualifying delinquent taxes" does not include any tax	148421
for which a notice of assessment or audit has been issued, for	148422
which a bill has been issued, which relates to a tax period that	148423
ends after the effective date of this section, or for which an	148424
audit has been conducted or is currently being conducted.	148425

(3) "Seller" has the same meaning as defined in section	148426
5741.01 of the Revised Code.	148427

(B) The Tax Commissioner shall establish and administer a tax	148428
amnesty program with respect to qualifying delinquent taxes. The	148429
program shall commence on May 1, 2012, and shall conclude on June	148430
15, 2012. The Tax Commissioner shall issue forms and instructions	148431
and take other actions necessary to implement the program. The Tax	148432
Commissioner shall publicize the program so as to maximize public	148433
awareness and participation in the program. The Commissioner may	148434
contract with such parties as the Commissioner deems necessary for	148435
promotion, computer support, or administration of the program.	148436

(C) During the program, if a person pays the full amount of	148437
qualifying delinquent taxes owed by that person and one-half of	148438
any interest that has accrued as a result of the person failing to	148439
pay those taxes in a timely fashion, the Tax Commissioner shall	148440
waive or abate all applicable penalties and one-half of any	148441
interest that accrued on the qualifying delinquent taxes.	148442

(D) The Tax Commissioner may require a person participating	148443
in the program to file returns or reports, including amended	148444
returns and reports, in connection with the person's payment of	148445
qualifying delinquent taxes.	148446

(E) A person who participates in the program and pays in full	148447
any outstanding qualifying delinquent tax and the interest payable	148448
on such tax in accordance with this section shall not be subject	148449
to any criminal prosecution or any civil action with respect to	148450
that tax, and no assessment shall thereafter be issued against	148451
that person with respect to that tax.	148452

(F) Taxes and interest collected under the program shall be	148453
credited to the General Revenue Fund, except that:	148454

(1) Qualifying delinquent taxes levied under section	148455
5739.021, 5739.023, or 5739.026 of the Revised Code shall be	148456
distributed to the appropriate counties and transit authorities in	148457
accordance with section 5739.21 of the Revised Code during the	148458
next distribution required under that section;	148459

(2) Qualifying delinquent taxes levied under section	148460
5741.021, 5741.022, or 5741.023 of the Revised Code shall be	148461
distributed to the appropriate counties and transit authorities in	148462
accordance with section 5741.03 of the Revised Code during the	148463
next distribution required under that section;	148464

(3) Qualifying delinquent taxes levied under Chapter 5748. of	148465
the Revised Code shall be credited to the school district income	148466
tax fund and then paid to the appropriate school district with the	148467
next payment required under division (D) of section 5747.03 of the	148468
Revised Code;	148469

(4) Qualifying delinquent taxes levied under Chapter 5731. of	148470
the Revised Code shall be divided between the General Revenue Fund	148471
and the municipal corporation or township in which the tax	148472
originates in accordance with section 5731.48 of the Revised Code;	148473

(5) Qualifying delinquent taxes levied under Chapter 5735. of	148474
the Revised Code shall be distributed according to the	148475
requirements of sections 5735.23, 5735.26, 5735.27, 5735.291, and	148476
5735.30 of the Revised Code; and	148477

(6) Qualifying delinquent taxes levied under section	148478
5743.021, 5743.024, 5743.026, 5743.321, 5743.323, or 5743.324 of	148479
the Revised Code shall be distributed as required under sections	148480
5743.021, 5743.024, and 5743.026 of the Revised Code.	148481

Section 757.41. Section 757.40 of this act is hereby	148482
repealed, effective June 16, 2012. The repeal of Section 757.40 of	148483
this act does not affect, after the effective date of the repeal,	148484
the rights, remedies, or actions authorized under that section.	148485

Section 757.42. (A) For the purposes of this section:

148486

(1) "Use tax" means a tax levied under Chapter 5741. of the	148487
Revised Code.	148488

(2) "Consumer" has the same meaning as defined in section	148489
5741.01 of the Revised Code.	148490

(3) "Audit" has the same meaning as defined in section	148491
5703.50 of the Revised Code.	148492

(B) The Tax Commissioner shall establish and administer a	148493
consumer use tax amnesty program independently from the amnesty	148494
program established in Section 757.40 of this act with respect to	148495
delinquent use taxes that are qualifying delinquent consumer taxes	148496
under that section. The program established under this section	148497
shall commence on October 1, 2011, and shall conclude on May 1,	148498
2013. The Commissioner shall issue forms and instructions and take	148499
other actions necessary to implement the program and may adopt	148500
rules to administer the program. The Commissioner may contract	148501
with such parties as the Commissioner deems necessary for	148502
promotion, computer support, or administration of the program.	148503

(C) If, during the program, a consumer pays the full amount	148504
of use tax for which the consumer has outstanding liability on or	148505
after January 1, 2009, that has accrued as a result of the	148506
consumer failing to pay those taxes in a timely fashion or a	148507
failure of the taxes to be remitted in a timely fashion, the	148508
Commissioner shall waive or abate all delinquent use tax owed by	148509
the consumer before January 1, 2009, and all applicable penalties	148510
and interest accrued before and after January 1, 2009. For any	148511
consumer that does not participate in the use tax amnesty program	148512
under this section, the Commissioner may audit and make an	148513
assessment against the consumer for all delinquent use tax due	148514
from that consumer on or after January 1, 2008, plus all	148515
applicable penalties and interest, as permitted by section 5703.58	148516
of the Revised Code.	148517

(D) As soon as practical after the effective date of this	148518
section, the Tax Commissioner shall implement and adopt rules to	148519
administer a payment plan program. Upon application by a consumer	148520
that participates in the use tax amnesty program under this	148521
section, the Commissioner may enter into a payment plan with the	148522
consumer allowing the participant to pay the amount of use tax	148523
owed by the consumer over a time period of up to seven years. If	148524
the consumer fails to remit the unpaid use tax or fails to comply	148525
with the terms of a payment plan, the consumer is liable for	148526
interest, computed at the rate per annum prescribed by section	148527
5703.47 of the Revised Code, on the amount of use tax owed by the	148528
consumer and payable under the payment plan, and the Commissioner	148529
shall certify to the Attorney General any remaining unpaid amount,	148530
including the interest charge, in accordance with section 131.02	148531
of the Revised Code.	148532

(E) A consumer against which the Tax Commissioner has issued	148533
an assessment on or before the effective date of this section is	148534
not eligible to participate in the use tax amnesty program	148535
established under this section.	148536

(F) The Tax Commissioner shall not waive any interest or	148537
penalties due on use tax paid as allowed under the amnesty program	148538
authorized by this section by a consumer that registered with the	148539
Commissioner for the use tax on or before June 1, 2011.	148540

(G) A person who participates in the program and pays the	148541
required outstanding delinquent tax in accordance with this	148542
section shall not be subject to any criminal prosecution or any	148543
civil action with respect to that tax, and no assessment shall	148544
thereafter be issued against that person with respect to that tax.	148545

(H) Taxes and interest collected under the program shall be	148546
credited to the General Revenue Fund, except that delinquent taxes	148547
levied under section 5741.021, 5741.022, or 5741.023 of the	148548
Revised Code shall be distributed to the appropriate counties and	148549
transit authorities in accordance with section 5741.03 of the	148550
Revised Code during the next distribution required under that	148551
section.	148552

Section 757.50. All inheritance tax files that still remain	148553
open under temporary order, or otherwise, for which the "ultimate	148554
succession" pursuant to former sections 5731.28 and 5731.29 of the	148555
Revised Code as those sections existed before their repeal by S.B.	148556
326 of the 107th General Assembly (effective July 1, 1968),	148557
relating to the inheritance tax, has not been finalized and have	148558
not been submitted to the Department of Taxation as explained	148559
below, shall be considered to be closed as of January 1, 2013.	148560

Notwithstanding the former sections of the Revised Code	148561
constituting the Ohio Inheritance Tax as those sections existed	148562
before their repeal by that act, all claims and inquiries must be	148563
received by the Department of Taxation, or postmarked on or	148564
before, December 31, 2012.	148565

Section 757.60. The amendment by this act of division (OO) of	148566
section 5739.01 of the Revised Code is to clarify the General	148567
Assembly's intent of that section when enacted.	148568

Section 757.80. The amendment by this act of section 5709.07	148569
of the Revised Code applies to tax years 2011 and thereafter.	148570

Section 757.90. For the purposes of this section,	148571
"proceedings" and "securities" have the same meaning as in section	148572
133.01 of the Revised Code.	148573

The amendment or enactment by this act of sections 145.56,	148574
319.301, 3305.08, 3307.41, 3309.66, 3316.041, 3316.06, 3316.08,	148575
3317.08, 5505.22, 5705.214, 5705.29, 5748.01, 5748.05, 5748.081,	148576
and 5748.09 of the Revised Code apply to any proceedings commenced	148577
after the effective date of sections 145.56, 3305.08, 3307.41,	148578
3309.66, 3316.08, 5505.22, 5705.214, 5705.29, 5748.01, 5748.05,	148579
5748.081, and 5748.09 of the Revised Code and, so far as their	148580
provisions support the actions taken, also apply to any	148581
proceedings that on that effective date are pending, in progress,	148582
or completed, and to any elections authorized, conducted, or	148583
certified and securities authorized or issued pursuant to those	148584
proceedings, notwithstanding any law, resolution, ordinance,	148585
order, advertisement, notice, or other proceeding in effect before	148586
that effective date. Any proceedings pending or in progress on, or	148587
completed by, that effective date, elections authorized,	148588
conducted, or certified, and securities sold, issued, and	148589
delivered, or validated, pursuant to those proceedings, are	148590
ratified with respect to, and shall be deemed to have been taken,	148591
authorized, conducted, certified, sold, issued, delivered, or	148592
validated in conformity with section 5748.09 of the Revised Code	148593
and the amended sections so far as their provisions support the	148594
actions taken. To the extent those proceedings are proper in all	148595
other respects, if the proceedings are filed with a board of	148596
elections in anticipation of the taking effect of those amendments	148597
and enactments and in a manner that would be valid if the	148598
amendments and enactments took effect on the date they became law,	148599
then that board of elections, so long as it received a	148600
confirmation stating an intention to proceed from or on behalf of	148601
the board of education within five business days after the	148602
effective date of the amendments and enactments shall accept the	148603
proceedings and take any actions or make any arrangements	148604
necessary for the submission of a question to the electors or	148605
otherwise required by the Revised Code.	148606

The amendment or enactment by this act of sections 145.56,	148607
319.301, 3305.08, 3307.41, 3309.66, 3316.041, 3316.06, 3316.08,	148608
3317.08, 5505.22, 5705.214, 5705.29, 5748.01, 5748.05, 5748.081,	148609
and 5748.09 of the Revised Code provide additional or supplemental	148610
provisions for subject matter that may also be the subject of	148611
other laws, and are intended to be supplemental to, and not in	148612
derogation of, any similar authority provided by, derived from, or	148613
implied by the Ohio Constitution, or any other law, including laws	148614
amended by this act, or any charter, order, resolution, or	148615
ordinance; and those amendments and enactments shall not be	148616
interpreted to negate the authority provided by, derived from, or	148617
implied by such constitution, laws, charters, orders, resolutions,	148618
or ordinances.	148619

Section 757.93. The amendment by this act of division (C) of	148620
section 5733.351 of the Revised Code is intended to clarify the	148621
law as it existed before the enactment of this act and shall be	148622
construed accordingly.	148623

Section 757.95. Section 5709.084 of the Revised Code, as	148624
amended by this act, is remedial in nature and applies to the tax	148625
years at issue in any application for exemption from taxation or	148626
any appeal from such an application pending before the Tax	148627
Commissioner, the Board of Tax Appeals, any Court of Appeals, or	148628
the Supreme Court on the effective date of this act and to the	148629
property that is the subject of any such application or appeal.	148630

Section 801.20. As used in the uncodified law of this act,	148631
"American Recovery and Reinvestment Act of 2009" means the	148632
"American Recovery and Reinvestment Act of 2009," Pub. L. No.	148633
111-5, 123 Stat. 115.	148634

Section 801.30. REVENUE GENERATED BY TRANSFER OF LIQUOR	148635
ENTERPRISE TO JOBSOHIO	148636

The revenue estimates for fiscal year 2012 assume receipt of	148637
$500,000,000 in cash from JobsOhio pursuant to section 4313.02 of	148638
the Revised Code, as enacted by this act, and the transfer of the	148639
enterprise acquisition project authorized therein.	148640

Section 803.40. Sections 121.40, 121.401 to 121.404, 1501.40,	148641
3301.70, 3333.043, and 4503.93 of the Revised Code continue to	148642
operate the same as they did before their amendment by this act,	148643
except for the name of the Ohio Community Service Council being	148644
changed to the Ohio Commission on Service and Volunteerism.	148645

Section 803.60. Section 3903.301 of the Revised Code shall	148646
apply only to formal delinquency proceedings that commence under	148647
sections 3903.01 to 3903.59 of the Revised Code on or after the	148648
effective date of this act.	148649

Section 803.70. The amendment by this act to section 119.032	148650
of the Revised Code does not accelerate the taking effect of the	148651
amendment to that section by S.B. 2 of the 129th General Assembly,	148652
which takes effect January 1, 2012.	148653

Section 806.10. The items of law contained in this act, and	148654
their applications, are severable. If any item of law contained in	148655
this act, or if any application of any item of law contained in	148656
this act, is held invalid, the invalidity does not affect other	148657
items of law contained in this act and their applications that can	148658
be given effect without the invalid item of law or application.	148659

Section 809.10. An item of law, other than an amending,	148660
enacting, or repealing clause, that composes the whole or part of	148661
an uncodified section contained in this act has no effect after	148662
June 30, 2013, unless its context clearly indicates otherwise.	148663

Section 812.10. Except as otherwise provided in this act, the	148664
amendment, enactment, or repeal by this act of a section is	148665
subject to the referendum under Ohio Constitution, Article II,	148666
section 1c and therefore takes effect on the ninety-first day	148667
after this act is filed with the Secretary of State or, if a later	148668
effective date is specified below, on that date.	148669

The amendment or repeal of sections 9.231, 9.24, 127.16,	148670
1751.01, 1751.04, 1751.11, 1751.111, 1751.12, 1751.13, 1751.15,	148671
1751.17, 1751.20, 1751.31, 1751.34, 1751.60, 2744.05, 3111.04,	148672
3113.06, 3119.54, 3901.3814, 3923.281, 3963.01, 4731.65, 4731.71,	148673
5101.5211, 5101.5212, 5101.5213, 5101.5214, 5101.5215, 5101.5216,	148674
5101.571, 5101.58, 5111.0112, and 5111.941 of the Revised Code	148675
takes effect October 1, 2011.	148676

The amendment, enactment, or repeal of sections 120.40,	148677
123.10, 154.11, 154.24, 154.25, 4731.15, 4731.16, 4731.17,	148678
4731.171, 4731.18, 4731.19, 4731.222, 5120.105, 5707.031,	148679
5725.151, 5725.24, and 5751.011 of the Revised Code and Section	148680
701.50 of this act takes effect January 1, 2012.	148681

The amendment of sections 131.44 and 131.51 of the Revised	148682
Code takes effect June 1, 2013.	148683

Section 812.20. The amendment, enactment, or repeal by this	148684
act of the sections listed below is exempt from the referendum	148685
under Ohio Constitution, Article II, section 1d and section 1.471	148686
of the Revised Code and therefore takes effect immediately when	148687
this act becomes law or, if a later effective date is specified	148688
below, on that date.	148689

Sections 9.06, 9.833, 9.90, 9.901, 101.532, 101.82, 111.12,	148690
111.16, 111.18, 111.181, 111.28, 111.29, 117.13, 121.37, 124.09,	148691
124.23, 124.231, 124.25, 124.26, 124.27, 124.31, 125.15, 125.18,	148692
125.213, 125.28, 125.89, 126.04, 126.12, 126.24, 127.14, 149.091,	148693
149.11, 149.311, 187.02, 187.03, 189.01, 189.02, 189.03, 189.04,	148694
189.05, 189.06, 189.07, 189.08, 189.09, 189.10, 305.171, 306.35,	148695
319.301, 505.60, 505.601, 505.603, 901.09, 924.52, 927.69,	148696
1309.528, 1327.46, 1327.50, 1327.501, 1327.51, 1327.511, 1327.54,	148697
1327.57, 1327.62, 1327.99, 1329.04, 1329.42, 1332.24, 1501.031,	148698
1515.14, 1545.071, 1551.311, 1551.32, 1551.35, 1555.02, 1555.03,	148699
1555.04, 1555.05, 1555.06, 1555.08, 1555.17, 1701.07, 1702.59,	148700
1703.031, 1703.07, 1776.83, 1785.06, 3301.07, 3301.16, 3301.162,	148701
3301.82, 3302.031, 3302.05, 3302.07, 3306.01, 3306.011, 3306.012,	148702
3306.02, 3306.03, 3306.04, 3306.05, 3306.051, 3306.052, 3306.06,	148703
3306.07, 3306.08, 3306.09, 3306.091, 3306.10, 3306.11, 3306.12	148704
(3317.0212), 3306.13, 3306.19, 3306.191, 3306.192, 3306.21,	148705
3306.22, 3306.29, 3306.291, 3306.292, 3307.31, 3307.64, 3309.41,	148706
3309.48, 3309.51, 3310.02, 3310.03, 3310.05, 3310.08, 3310.41,	148707
3311.05, 3311.059, 3311.0510, 3311.06, 3311.19, 3311.21, 3311.29,	148708
3311.52, 3311.76, 3313.411, 3313.55, 3313.64, 3313.6410, 3313.843,	148709
3313.88, 3313.978, 3313.981, 3314.012, 3314.08, 3314.085,	148710
3314.087, 3314.088, 3314.091, 3314.102, 3314.11, 3314.111,	148711
3314.13, 3314.35, 3315.01, 3316.041, 3316.06, 3316.20, 3317.011,	148712
3317.013, 3317.014, 3317.016, 3317.017, 3317.018, 3317.02,	148713
3317.021, 3317.022, 3317.023, 3317.024, 3317.025, 3317.0210,	148714
3317.0211, 3317.0216, 3317.03, 3317.031, 3317.04, 3317.05,	148715
3317.051, 3317.053, 3317.061, 3317.07, 3317.08, 3317.081,	148716
3317.082, 3317.09, 3317.11, 3317.12, 3317.16, 3317.17, 3317.18,	148717
3317.19, 3317.20, 3317.201, 3318.011, 3318.051, 3318.36, 3318.37,	148718
3318.371, 3319.19, 3319.39, 3319.57, 3319.62, 3323.091, 3323.14,	148719
3323.142, 3323.31, 3324.05, 3326.33, 3326.39, 3327.02, 3327.04,	148720
3327.05, 3329.16, 3345.14, 3345.81, 3349.242, 3353.15, 3365.01,	148721
3365.08, 3506.05, 3701.0211, 3704.06, 3704.14, 3734.901, 3745.015,	148722
3745.016, 3793.04, 3793.21, 4115.101, 4121.03, 4121.12, 4121.121,	148723
4121.125, 4121.128, 4121.44, 4121.75, 4121.76, 4121.77, 4121.78,	148724
4121.79, 4123.341, 4123.342, 4123.35, 4141.08, 4141.11, 4301.43,	148725
4511.191, 4725.34, 4731.054, 4733.15, 4733.151, 5111.0122,	148726
5111.0213, 5111.0215, 5111.83, 5111.945, 5112.99, 5112.991,	148727
5120.092, 5123.0419, 5126.0511, 5126.11, 5126.18, 5126.24,	148728
5703.05, 5705.211, 5715.26, 5727.84, 5727.85, 5727.86, 5747.46,	148729
5747.51, 5751.20, 5751.21, 5751.22, 5751.23, 5919.34, 5919.341,	148730
and 6109.21.	148731

The amendment, enactment, or repeal of sections 109.572,	148732
173.21, 173.35 (5119.69), 173.351 (5119.691), 173.36 (5119.692),	148733
340.03, 340.05, 340.08, 340.091, 340.11, 2317.02, 2317.422,	148734
2903.33, 3306.12 (3317.0212), 3313.65, 3318.49, 3326.11, 3701.07,	148735
3701.74, 3721.02, 3721.50, 3721.51, 3721.511, 3721.512, 3721.513,	148736
3721.52, 3721.53, 3721.531, 3721.532, 3721.533, 3721.55, 3721.56,	148737
3721.561 (3721.56), 3721.58, 3722.01 (5119.70), 3722.011	148738
(5119.701), 3722.021 (5119.711), 3722.022 (5119.712), 3722.03	148739
(5119.72), 3722.04 (5119.73), 3722.041 (5119.731), 3722.05	148740
(5119.74), 3722.06 (5119.75), 3722.07 (5119.76), 3722.08	148741
(5119.77), 3722.09 (5119.78), 3722.10 (5119.79), 3722.11	148742
(5119.80), 3722.12 (5119.81), 3722.13 (5119.82), 3722.14	148743
(5119.83), 3722.15 (5119.84), 3722.151 (5119.85), 3722.16	148744
(5119.86), 3722.17 (5119.87), 3722.18 (5119.88), 3722.99, 3737.83,	148745
3737.841, 3769.08, 3769.20, 3769.26, 3781.183, 3791.043, 5101.35,	148746
5101.60, 5101.61, 5111.023, 5111.025, 5111.113, 5111.222,	148747
5111.231, 5111.24, 5111.244, 5111.25, 5111.254, 5111.911,	148748
5111.912, 5111.913, 5112.30, 5112.31, 5112.37, 5112.371, 5112.39,	148749
5119.18, 5119.61, 5119.613 (5119.614), 5119.62, 5119.621,	148750
5119.622, 5119.623, 5119.693, 5119.99, 5122.15, 5701.13, and	148751
5731.39 of the Revised Code takes effect July 1, 2011.	148752

The amendment of sections 5112.40, 5112.41, and 5112.46 of	148753
the Revised Code takes effect October 1, 2011.	148754

The repeal of section 5111.243 of the Revised Code takes	148755
effect July 1, 2012.	148756

Sections of this act prefixed with section numbers in the	148757
200's, 300's, 400's, 500's, and 600's, except for Sections	148758
309.30.40, 501.10, 503.95, 515.20, 690.10, and 690.11 of this act	148759
and except for the amendment of Section 105.45.70 of Sub. H.B. 462	148760
of the 128th General Assembly.	148761

Sections 701.20, 733.10, 749.10, 753.10, 757.10, 757.20, and	148762
757.30 of this act.	148763

Sections 801.20, 812.10, 812.20, and 812.30 of this act.

148764

Section 812.30. The sections that are listed in the left-hand	148765
column of the following table combine amendments by this act that	148766
are and that are not exempt from the referendum under Ohio	148767
Constitution, Article II, sections 1c and 1d and section 1.471 of	148768
the Revised Code.	148769

The middle column identifies the amendments to the listed	148770
sections that are subject to the referendum under Ohio	148771
Constitution, Article II, section 1c and therefore take effect on	148772
the ninety-first day after this act is filed with the Secretary of	148773
State or, if a later effective date is specified, on that date.	148774

The right-hand column identifies the amendments to the listed	148775
sections that are exempt from the referendum under Ohio	148776
Constitution, Article II, section 1d and section 1.471 of the	148777
Revised Code and therefore take effect immediately when this act	148778
becomes law or, if a later effective date is specified, on that	148779
date.	148780

Section of law	Amendments subject to referendum	Amendments exempt from referendum	148781
102.02	All amendments except as described in the right-hand column	The amendment in division (A) striking through "the director appointed by the workers' compensation council;"	148782
109.57	All amendments except as described in the right-hand column	The amendment to division (G) takes effect July 1, 2011	148783
173.14	All amendments except as described in the right-hand column	The amendments to divisions (A)(1)(d) and (f) take effect July 1, 2011	148784
173.26	All amendments except as described in the right-hand column	The amendment to division (A)(4) takes effect July 1, 2011	148785
173.40	All amendments except as described in the right-hand column	The amendment inserting division (D)	148786
173.42	All amendments except as described in the right-hand column	The amendment to division (I)(3) takes effect July 1, 2011	148787
187.01	The amendment to division (I)	All amendments except as described in the middle column	148788
1551.33	The amendment in division (C) striking through "1551.13,"	All amendments except as described in the middle column	148789
3313.29	The amendment striking "149.41" and inserting "149.381"	The amendment striking "(I)" and inserting "(E)"	148790
3314.10	The amendments to division (B)(1)	The amendments to division (B)(2)	148791
3314.19	All amendments except amendments to division (A)	Amendments to division (A)	148792
3314.22	All amendments except as described in the right-hand column	The amendments to division (A)(3) and (4) striking references to the office of community schools and inserting references to the department of education	148793
3317.01	The amendment striking division (C)	All amendments except as described in the middle column	148794
3317.06	The amendments to divisions (A)(2), (K), and (L) and the addition of division (O)	All amendments except as described in the middle column	148795
3318.032	The amendment inserting "subject to a new project scope and estimated costs under section 3318.054 of the Revised Code,"	1. The amendment striking "one-year" and inserting "thirteen-month" 2. The amendment striking "year" and inserting "period"	148796
3318.05	The amendment inserting ", subject to section 3318.054 of the Revised Code"	The amendment striking "one year" and inserting "thirteen months"	148797
3318.41	The amendments to divisions (D)(2) and (H)	The amendment to division (D)(1)(b)	148798
3319.17	All amendments except as described in the right-hand column	Amendment to division (A)	148799
3721.01	All amendments except as described in the right-hand column	The amendment to division (A)(1)(c)(iv) takes effect July 1, 2011	148800
3734.57	All amendments except amendments to division (A)	Amendments to division (A)	148801
3745.11	The amendment inserting division (S)(3) and amendments in division (S)(1) relating thereto	All amendments except as described in the middle column	148802
4115.10	All amendments except as described in the right-hand column	The amendment in division (A) striking "penalty enforcement" and inserting "labor operating" and striking ", which is hereby created in the state treasury	148803
5111.873	1. The amendment to division (A) that inserts "subject to division (D) of this section" 2. All of division (D)	All amendments except as described in the middle column	148804
5119.22	All amendments except as described in the right-hand column	The amendments to division (A)(1)(a) and the paragraph following division (A)(1)(d)(iii) take effect July 1, 2011	148805
5123.19 (In Section 101.01)	All amendments except as described in the right-hand column	The amendment to division (B) takes effect July 1, 2011	148806
5126.05	The amendment to division (D)	The amendment to division (A)(4)	148807
Section 515.40 of this act	All provisions except as described in the right-hand column take effect January 1, 2012	Division (H) takes effect July 1, 2011	148808

Section 812.40. The amendments to section 5101.26 of the	148809
Revised Code are subject to the referendum under Ohio	148810
Constitution, Article II, Section 1c and section 1.471 of the	148811
Revised Code, and therefore take effect on the ninety-first day	148812
after this act is filed with the Secretary of State. However:	148813

In section 5101.26 of the Revised Code, the amendment	148814
striking "and 5101.5211 to 5101.5216" takes effect on October 1,	148815
2011.	148816

Section 815.20. The General Assembly, applying the principle	148817
stated in division (B) of section 1.52 of the Revised Code that	148818
amendments are to be harmonized if reasonably capable of	148819
simultaneous operation, finds that the following sections,	148820
presented in this act as composites of the sections as amended by	148821
the acts indicated, are the resulting versions of the sections in	148822
effect prior to the effective date of the sections as presented in	148823
this act:	148824

Section 9.06 of the Revised Code as amended by Am. Sub. H.B.	148825
130 of the 127th General Assembly and Am. Sub. H.B. 1 of the 128th	148826
General Assembly.	148827

Section 121.37 of the Revised Code as amended by Am. Sub.	148828
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148829

Section 123.01 of the Revised Code as amended by both Am.	148830
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148831

Section 124.23 of the Revised Code as amended by Am. Sub.	148832
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148833

Section 124.27 of the Revised Code as amended by Am. Sub.	148834
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148835

Section 124.34 of the Revised Code as amended by Am. Sub.	148836
H.B. 1 and Am. Sub. H.B. 16 of the 128th General Assembly.	148837

Section 127.16 of the Revised Code as amended by Am. Sub.	148838
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148839

Section 505.49 of the Revised Code as amended by both Am.	148840
Sub. H.B. 490 and Am. H.B. 515 of the 124th General Assembly.	148841

Section 1533.111 of the Revised Code as amended by Am. Sub.	148842
H.B. 66 and H.B. 296 of the 126th General Assembly.	148843

Section 1901.02 of the Revised Code as amended by both Am.	148844
Sub. H.B. 238 and Sub. H.B. 338 of the 128th General Assembly.	148845

Section 2903.33 of the Revised Code as amended by Am. Sub.	148846
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148847

Section 3301.07 of the Revised Code as amended by Am. Sub.	148848
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148849

Section 3311.054 as amended by Am. Sub. H.B. 601 and Am. Sub.	148850
S.B. 230 of the 121st General Assembly.	148851

Section 3313.65 of the Revised Code as amended by Am. Sub.	148852
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148853

Section 3317.02 of the Revised Code as amended by Am. Sub.	148854
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148855

Section 3317.024 of the Revised Code as amended by Am. Sub.	148856
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148857

Section 3317.03 of the Revised Code as amended by Am. Sub.	148858
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148859

Section 3317.20 of the Revised Code as amended by Am. Sub.	148860
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148861

Section 3323.091 of the Revised Code as amended by Am. Sub.	148862
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148863

Section 3323.142 of the Revised Code as amended by Am. Sub.	148864
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148865

Section 3721.01 of the Revised Code as amended by Am. Sub.	148866
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148867

Section 3722.01 of the Revised Code as amended by Am. Sub.	148868
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148869

Section 4115.04 of the Revised Code as amended by Sub. H.B.	148870
443 and Am. Sub. H.B. 699 of the 126th General Assembly.	148871

Section 4517.01 of the Revised Code as amended by Am. H.B. 9	148872
and Am. Sub. H.B. 114 of the 129th General Assembly.	148873

Section 5111.211 of the Revised Code as amended by Am. Sub.	148874
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148875

Section 5112.30 of the Revised Code as amended by Am. Sub.	148876
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148877

Section 5112.37 of the Revised Code as amended by Am. Sub.	148878
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148879

Section 5123.0412 of the Revised Code as amended by Am. Sub.	148880
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148881

Section 5123.0413 of the Revised Code as amended by Am. Sub.	148882
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148883

Section 5123.0417 of the Revised Code as amended by Am. Sub.	148884
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148885

Section 5123.19 of the Revised Code as amended by Am. Sub.	148886
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148887

Section 5126.05 of the Revised Code as amended by Am. Sub.	148888
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148889

Section 5126.054 of the Revised Code as amended by Am. Sub.	148890
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148891

Section 5126.0512 of the Revised Code as amended by Am. Sub.	148892
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148893

Section 5126.24 of the Revised Code as amended by Am. Sub.	148894
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	148895

Section 5705.19 of the Revised Code as amended by Am. Sub.	148896
H.B. 48 and Sub. H.B. 313 of the 128th General Assembly.	148897

Section 5723.05 of the Revised Code as amended by Am. Sub.	148898
H.B. 387 and Am. Sub. H.B. 576 of the 118th General Assembly.	148899

Section 5739.02 of the Revised Code as amended by Am. Sub.	148900
S.B. 181 and Am. Sub. S.B. 232 of the 128th General Assembly.	148901